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HomeMy WebLinkAboutCC April 16, 1996 '\ -'J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - April 16, 1996 agenda BOOKMARK NAME Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes minutes o Discussion Items 1. Set Sale for CIP Bond 2. Set Sale for 1989A Crossover Refunding Bond 3. Set Sale for TIP Bond 4. Assessment Hearing/95-7, 95-9, 95-10, 95-22/0ak Hollow, Forest Meadows, Hawkridge/Countryview Estates & Verdin Acres 5. Public Hearing/Preliminary Plat/Weybridge (Weybridge 3rd Addn) phearwey 6. Approve Final PlatlWeybridge 3rd fplatwey 7. Adolfson and Peterson Presentation AdolfsonPeterson 8. Antenna/Tower Regulation Ordinance & Lease Agreement Discussion Tower 9. Approve Revised Preliminary Plat/Crown Pointe crownpt 10, Accept Petition/Order Feasibility Report/93-17/Crown Pointe acptcrow CIP crossover TIF asses957 Reports of Staff. Committees. Commissions 11. Discuss Overlay Program/96-5 overlay Non-Discussion Items 12. Approved Revised Final Plat/Nightingale Ridge 13, Approve Revised Preliminary PlatlMeadowlark Heights 14. Approve Final PlatlMeadowlark Heights 15. Approve Final PlatIRolling Meadows Estates 16. Approve Change Order #4/94-18/Section 22 Trunk Sewer & Water 17. Approve Change Order #5/Compensating/94-18/Section 22 Trunk Sewer & Water 18. Approve Final Payment/94-18/Section 22 Trunk Sewer & Water 19. Approve Quotes/96-Il/Fencing 20. Approve Purchase of Engineering Design Software 21. Approve Quotes/93-7/Soccer Goals 22. Approve Request for Quotes/Weed Abatement Services fplatnig revppmea fplatmea fplatrol c049418 co59418 fpay9418 fenc9611 software goal937 weed ,-~ Mavor-Council Input Pavment of Claims Adiournment . " .J ,) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 16, 1996 AGENDA SECTION Approval of Minutes ORIGINATING DEPARTMENT City Clerk ITEM NO. Approval of Minutes V. Volk..J~ The City Council is requested to approve the following minutes: March 28,1996 Special Meeting (Jacobson, Knight absent) April 2, 1996 Regular Meeting (Knight absent) April 2, 1996 EDA Meeting (Knight absent) / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ADril 16.1996 AGENDA SECTION ORIGINATING DEPT. Finance Jean McGann Discussion Item ITEM NO. \ , Set Sale/1996 CIP Bond REOUEST The Andover City Council is requested to adopt the following resolution setting the sale for the 1996 Capital Improvement Bond Issue: $600,000 General Obligation Improvement Bonds, Series I996A BACKGROUND: ;' The City Council authorized the city staff and Juran & Moody, Inc. to proceed with the 1996 Capital Improvement fmancing at the March 6, 1996 City Council meeting, The bid deadline will be established as Tuesday, May 21, 1996 at 11:00 a.m. Central Time upon Council approval of this resolution. Mr. Thomas Trusinski, a representative from Juran & Moody, Inc. is here tonight to answer any questions the City Council may have, , j / EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 16, 1996 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on the 16th day of April, 1996, beginning at 7:00 o'clock P.M. for the purpose in part of authorizing the competitive negotiated sale of the $600,000 General Obligation Improvement Bonds, Series 1996A, of said City. The following Councilmembers were present: and the following were absent: Councilmember adoption: introduced the following resolution and moved its ) NO.R RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $600,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A A. WHEREAS, the City Council of the City of Andover, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $600,000 General Obligation Improvement Bonds, Series 1996A (the "Bonds"), to finance public improvements within the City; and B. WHEREAS, the City has retained Juran & Moody Incorporated, in Saint Paul, Minnesota, as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization: Findings. The Council hereby authorizes Juran & Moody to solicit bids for the competitive negotiated sale of the Bonds, " /' 2. Meeting: Bid Opening. The Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds, The City Clerk, or her designee, shall open bids at the time and place specified in such Terms of Proposal. , / / 3, Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the officers or employees ofthe City are hereby authorized to cooperate with Juran & Moody and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, after full discussion thereof and upon a vote being taken thereon, the following Councilmembers voted in favor thereof and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk I / EXHIBIT A / THE CITY HAS AUTHORIZED JURAN & MOODY INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $600,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A Proposals for the Bonds will be received on Tuesday, May 21, 1996, until 11:00 A.M., Central Time, at the offices of Juran & Moody Incorporated, 400 N. Robert St., Suite 800, St. Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS \ Proposals may be submitted in a sealed envelope or by fax (612) 224-5124 to Juran & Moody. ,/ Signed Proposals, without final price or coupons, may be submitted to Juran & Moody prior to the time of sale. The bidder shall be responsible for submitting to Juran & Moody the final Proposal price and coupons, by telephone (612) 224-1500 or fax (612) 224-5124 for inclusion in the submitted Proposal. Juran & Moody will assume no liability for the inability of the bidder to reach Juran & Moody prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Certificates regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated June 1, 1996, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1997. Interest will be computed on the basis ofa 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft ofthe registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature August 1 in the years and amounts as follows: / 1997 $50,000 1998 $55,000 1999 $55,000 2000 $60,000 2001 $60,000 2002 $65,000 2003 $65,000 2004 $70,000 2005 $70,000 2006 $50,000 \ / ,. .... / OPTIONAL REDEMPTION The City may elect on August I, 1999, and on any day thereafter, to prepay Bonds. Redemption may be in whole or in part and ifin part, at the option of the City and in such order as the City shall detennine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance public improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $591,000 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form ofa certified or cashier's check or a Financial Surety Bond in the amount of$12,000, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Juran & Moody Incorporated prior to the opening of the proposals. The Financial Surety bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting ofthe City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be detennined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. / The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City detennines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION .I Ifthe Bonds quality for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense ofthe purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure ofthe municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds quality for assignment ofCUSIP numbers such numbers will be printed on the Bonds, " but neither the failure to print such numbers on any Bond nor any error with respect thereto will '_ j constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment ofCUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT , ) The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Juran & Moody Incorporated, 400 N. Robert St., Suite 800, Saint Paul, Minnesota, telephone (612) 224-1500. \ , / The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 100 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated April 16, 1996 BY ORDER OF THE CITY COUNCIL /sNictoria Yolk Clerk \ ./ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 16. 1996 AGENDA SECTION Discussion ORIGINATING DEPARTMENT Finance -~~<<'- JeanD. McGann lITEM NO. CX. 1989A Crossover Refunding Bond On March 6, 1996 the Andover City Council authorized City staff to proceed with the Crossover Refunding Bonds for the GO Improvement of 1989A. Since that time interest rates have increased to the point that the refunding does not meet the 3% requirement for refunding bonds. The 3% requirement indicates that the interest savings must be at least 3% of the total future interest payments on the old bond. " At this point, City staff is recommending waiting to do this refunding issue until such time as interest rates are attractive enough to warrant the refunding. J A representative from Juran & Moody, Inc. is here tonight to answer any questions the City Council may have. Following this item is a graphic representation of interest rates from 03-31-94 to 03-28-96. / SENT BY: cl~ !!:o oz zp) ~~ zl:C 00 i=Z <0 zl:C '\ " 4-10-96 2:17PM JURAN & MOODY~755 8923 :# 4/ 4 / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Aoril 16.1996 AGENDA SECTION ORIGINATING DEPT. Finance Jean McGann Discussion Item ITEM NO. .:B, Set Sale/G.O. TIF Bonds REOUEST The Andover City Council is requested to adopt the following resolution setting the sale for the 1996 Capital Improvement Tax Increment Bonds. $2,055,000 General Obligation Tax Increment Bonds, Series 1996B BACKGROUND: ) The City Council authorized the city staff and Juran & Moody, Inc. to proceed with the 1996 General Obligation Tax: Increment financing at the March 6, 1996 City Council meeting. The bid deadline will be established as Tuesday, May 21, 1996 at 11 :00 a.m. Central Time upon Council approval of this resolution. Mr. Thomas Trusinski, a representative from Juran & Moody, Inc. is here tonight to answer any questions the City Council may have. , , / . I EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 16, 1996 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on the 16th day of April, 1996, beginning at 7:00 o'clock P.M. for the purpose in part of authorizing the competitive negotiated sale of the $2,055,000 General Obligation Improvement Bonds, Series 1996B, of said City. The following Councilmembers were present: and the following were absent: Councilmember adoption: introduced the following resolution and moved its j NO.R RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,055,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1996B A. WHEREAS, the City Council of the City of Andover, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $2,055,000 General Obligation Improvement Bonds, Series 1996B (the "Bonds"), to finance public improvements within the City; and B. WHEREAS, the City has retained Juran & Moody Incorporated, in Saint Paul, Minnesota, as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: I. Authorization: Findings. The Council hereby authorizes Juran & Moody to solicit bids for the competitive negotiated sale of the Bonds. 2. Meeting: Bid Opening. The Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds, The City Clerk, or her designee, shall open bids at the time and place specified in such Terms of Proposal. , / 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof ) are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the officers or employees of the City are hereby authorized to cooperate with Juran & Moody and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, after full discussion thereof and upon a vote being taken thereon, the following Councilmembers voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. \ / 1. E. McKelvey, Mayor ATTEST: Victoria V olk, City Clerk / EXHIBIT A " / THE CITY HAS AUTHORIZED JURAN & MOODY INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,055,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996B Proposals for the Bonds will be received on Tuesday, May 21, 1996, until 11:00 AM., Central Time, at the offices of Juran & Moody Incorporated, 400 N. Robert St., Suite 800, St. Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS , , / Proposals may be submitted in a sealed envelope or by fax (612) 224-5124 to Juran & Moody. Signed Proposals, without final price or coupons, may be submitted to Juran & Moody prior to the time of sale, The bidder shall be responsible for submitting to Juran & Moody the final Proposal price and coupons, by telephone (612) 224-1500 or fax (612) 224-5124 for inclusion in the submitted Proposal. Juran & Moody will assume no liability for the inability of the bidder to reach Juran & Moody prior to the time of sale specified above, DETAILS OF THE BONDS The Bonds will be dated June 1, 1996, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1997. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature August 1 in the years and amounts as follows: 1997 $45,000 1998 $65,000 1999 $70,000 2000 $75,000 2001 $85,000 2002 $95,000 2003 $105,000 2004 $115,000 2005 $125,000 2006 $140,000 2007 $150,000 2008 $165,000 2009 $180,000 2010 $195,000 2011 $215,000 2012 $230,000 , j I OPTIONAL REDEMPTION The City may elect on August 1,2003, and on any day thereafter, to prepay Bonds. Redemption may be in whole or in part and if in part, at the option of the City and in such a manner as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance public improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $2,024,175 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $41,100, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Juran & Moody Incorporated prior to the opening of the proposals. The Financial Surety bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/1 00 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. A WARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. j The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. .I BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, ifthe City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS \ / If the Bonds qualify for assignment ofCUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Juran & Moody Incorporated, 400 N. Robert St., J Suite 800, Saint Paul, Minnesota, telephone (612) 224-1500. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 100 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated April 16, 1996 BY ORDER OF THE CITY COUNCIL /sNictoria V olk Clerk I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: April 16, 1996 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott ~rick~or:d[ Englneenng . ITEM NO. Assessment Hearing/95-7, 95-9, 95-10 & 95-22/ Oak Hollow, Forest Meadows, Hawkridge/Countryview Estates & Verdin Acres L\. The City Council is requested to approve the resolution adopting the assessment roll for the improvement of streets for Project Nos.95-7 (Oak Hollow), 95-9 (Forest Meadows), 95-10 (Hawkridge/Countryview Estates) & 95-22 (Verdin Acres). Without With Project Project Estimate from Driveway Driveway Name No. Feasibilitv Report Culvert Culvert \ Oak Hollow 95-7 $4,792.00 $3,798.67 $3,898.67 ) Forest Meadows 95-9 $5,000.00 $3,798.67 $3,898.67 Hawkridge/ 95-1 0 $4,549.00 $3,798.67 $3,898.67 Countryview Estates Verdin Acres 95-22 $4,650.47 $3,798.67 $3,898.67 As you will note, 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. Attached are the following: . Resolution adopting the assessment roll . Notice sent to property owners and newspaper . List of property owners . Assessment worksheet and detailed calculations \ , " ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREETS ,PROJECT NOS. 95-7 (Oak Hollow). 95-9 (Forest Meadows). 95-10 (HawkridQe/Countrvview Estates) & 95-22 (Verdin Acres). WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. 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 equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 19~ 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 prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Council member and adopted by the City Council at a reQular meeting this 16th day of April ,19~, with of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER voting in favor voting Councilmembers ATTEST: J.E. McKelvey - Mayor , " Victoria Volk - City Clerk CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NOS. 95-7, 95-9, 95-10 & 95-22 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, April 16, 1996 at 7:00 PM to pass upon the proposed assessment for the improvement of street construction in the following described areas: Oak Hollow, Forest Meadows, Hawkridge/Countryview Estates, Verdin Acres The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $ 442.345.57. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. / An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL ~ta Victoria Volk - City Clerk Publication Dates: 3-29-96 4-5-96 " 4-12-96 / CITY of ANDOVER / 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NOS. 95-7, 95-9, 95-10 & 95-22 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, April 16, 1996 at 7:00 PM to pass upon the proposed assessment for the improvement of street construction in the following described areas: Oak Hollow, Forest Meadows, Hawkridge/Countryview Estates, Verdin Acres The amount to be specially assessed against your particular lot, or parcel of land is $ 3,798.67. You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of 10 years and shall bear interest at the rate of .2.- percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $ 442.345.57. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such . notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL ~ /,.& \ . , Victoria Volk - City Clerk " ) CITY of ANDOVER ) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NOS. 95-7, 95-9, 95-10 & 95-22 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, April 16, 1996 at 7:00 PM to pass upon the proposed assessment for the improvement of street and culvert construction in the following described areas: Oak Hollow, Forest Meadows, Hawkridge/Countryview Estates, Verdin Acres The amount to be specially assessed against your particular lot, or parcel of land is $ 3,898.67. You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of 10 years and shall bear interest at the rate of l percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $ 442,345.57. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing.' The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL '\ " J:L i& , / Victoria Volk - City Clerk J CITY of ANDOVER / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NOS. 95-7, 95-9, 95-10 & 95-22 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, April 16, 1996 at 7:00 PM to pass upon the proposed assessment for the improvement of street construction in the following described areas: Oak Hollow, Forest Meadows, Hawkridge/Countryview Estates, Verdin Acres The amount to be specially assessed against your particular lot, or parcel of land is $ 7.597.34. You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of 10 years and shall bear interest at the rate of l percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $ 442.345.57 . Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. B~l~: ~F THE CITY COUNCIL . . UL .' Victoria Volk - City Clerk \ / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 March 28,1996 Donald and Maude Watson 17611 Round Lake Boulevard NW Andover, MN 55304 Re: City Project No. 95-10, Street Improvements Enclosed please fmd your assessment notice for the above referenced project. The project costs assessed against the benefiting property owners adjacent to the street is on a unit basis as described in the Feasibility Report for this project and as discussed at the Public Hearing. The amount assessed against your property is for two (2) units of assessments. Each unit being an amount of$3,798.67, for a total oU 7,597.34. , / If you have any questions or require any additional information please contact this office. Thank you. CITY OF ANDOVER W /J/f~ Jeff Adolphson Construction Inspector Enc. / 13 32 24310003 13 32 24 310004 13 32 24 340002 * ME ORTELL PATRICK & JO SPRAGUE GARY & LILLIAN ORTIEL 428 CONSTANCE BLVD. NW 525 - 159TII AVE NW 574 - 159TII AVE NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 133224340003 13 32 24 34 0004 , 13 32 24 34 0007 * ..TEPHEN & MARY HAMMENT MICHAEL & KAREN MILLS LARRY & C HOVGAARD 524 - 159TII AVE NW 15876 ILEX ST NW 577 -158TII AVE NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 13 32 24 34 0006 13 32 24 340005 13 32 24 340008 JK CAMPBELL & D GRIMES WILLIAM & R SPENCE RICHARD & BARBARA BASSING 531-158TIIAVENW 15818 fLEX ST NW 546 - 158TII AVE NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 13 32 24 34 0009 13 322434 001l * 13 3224340012 * GREGORY & K WIECZOREKI CHARLES & AR LOEGERING PAUL & KRISTEN KNOCK 496 - 158TII AVE NW 15883 ILEX ST NW 15833 fLEX ST NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 13 3224340013 * 13 3224340014 13 322421 0006 STEPHEN & ANNA SCHLUETER RICHARD & BARBARA BASSING CITY OF ANDOVER 15783 ILEX ST NW 546 - 158TII AVE NW PARK & REC COMMISSION ANDOVER, MN 55304 ANDOVER, MN 55304 1685 CROSSTOWN BLVD NW ANDOVER, MN 5304 13 32 24 42 0009 13 32 24 310005 SHEILA L ST HILAIRE RICHARD & LISA BLACKWELL )3 - 159TII AVE NW 475 - 159TII AVE NW ANDOVER, MN 55304 ANDOVER, MN 55304 *DENOfES CULVERT 95-7 OAK HOLLOW / 023224210007 RONALD & SANDRA NICHOLLS 18046 XEON ST NW ANDOVER, MN 55304 ,,23224210010 JON & MARY TAYLOR 17916 XEON ST NW ANDOVER, MN 55304 02 32 24 12 0002 RICHARD & CONNIE LONSKY 18001 XEON ST NW ANDOVER, MN 55304 02 32 24 13 0003 PHILLIP & R KVAMME 1110 -179TH AVE NW ANDOVER, MN 55304 02 32 24 12 0005 RICHARD & LISA ROSAR 18000 VALE ST NW ANDOVER, MN 55304 '12 32 24 12 0008 )A VID & CINDY BROSTROM 18001 VALE STNW ANDOVER, MN 55304 02 32 24 12 0011 JOHN T MILLER 18000 TAMARACK ST NW ANDOVER, MN 55304 02 32 24 11 0007 · PATRICK & TERRI GROH 18001 TAMARACKSTNW ANDOVER, MN 55304 .DENOTESCULVERT 95-9 FOREST MEADOWS .' 023224210008 DAVID & CAROL KOGLER 18016 XEON ST NW ANDOVER, MN 55304 023224240008. MERWYN & DOROTHY LARSEN 17844 XEON ST NW ANDOVER, MN 55304 02 32 24 12 0003 SEAN & LW ANA WALLIN 1131-179THAVENW ANDOVER, MN 55304 023224 13 0006 DAVID & CORINE NORRGARD 1030 - 179TH AVE NW ANDOVER, MN 55304 02 32 24 12 0006 DAVID & CINDY JEZIERSKI 18040 VALE ST NW ANDOVER, MN 55304 02 32 24 120009 MARIAM GRIMSRUD 17911 VALE STNW ANDOVER, MN 55304 023224 120010. MARCELLUS & L MCMULLEN 17920 TAMARACK ST NW ANDOVER, MN 55304 02 32 24 11 0008 · KEN JOHNSON & BETH SCHULTZ 17921 TAMARACK ST NW ANDOVER, MN 55304 023224210009 JEFFREY & C PECKRON 17946 XEON ST NW ANDOVER, MN 55304 02 32 24 120001 MILLARD & ANN BRUBECKER 18041 XEON ST NW ANDOVER, MN 55304 02 32 24 13 0002 NIKOLAOS & NN AKRIVOS 1130 -179THAVE NW ANDOVER, MN 55304 02 32 24 12 0004 SUZANNE BETIS 17910 VALE STNW ANDOVER, MN 55304 02 32 24 12 0007 RE & JL JOHNSON 18041 VALE STNW ANDOVER, MN 55304 023224 120012 WAYNE MARTINSON 18040 TAMARACK ST NW ANDOVER, MN 55304 023224110006 JAMES & JANELLE EVANS 18041 TAMARACK STNW ANDOVER, MN 55304 CITY OF ANDOVER PARK COMMISSION O~ 32 2~ 120001 O~ 32 24 120002 O~ 32 2~ 120003 SHAWN & KAREN REILLY JEFFREY & LEANNE DUNBLAZIE KHMMONE SOUKNHINDY 18030 CROCUS ST NW 18000 CROCUS ST NW 27~3 - I 79TH AVE NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 \ I J~ 32 24 12 0004 * 04 32 24 12 0005 * 043224 121 0006 * MAX MCCOY LERIL YN LEMKE GARY & JOANNE WHIPPLE 18031 CROCUS ST NW 18001 CROCUS STNW 2701 - 179TH AVE NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 04 32 24 120009 04 32 24 12 0008 043224 120007 DENNIS & SANDRA WICHMAN MARSHALL & PA-PEARSON ALLEN & RANDI NORSTROM 18030 ARROWHEAD ST NW 18000 ARROWHEAD ST NW 17930 ARROWHEAD ST NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 043224 120010 043224 12 001l 043224 120012 MICHAEL & CD GANGELHOFF LLOYD & ALICE TELLE MATHEW & SHERI ROBERTSON 2448 - 181ST AVE NW 18001 ARROWHEAD STNW 17931 ARROWHEAD ST NW CEDAR, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 04 32 24 II 0002 043224 110003 04 32 24 13 0003 LAWRENCE & C LACLARE RICHARD & SONDRA JOHNSON DOROTHY VANHOUTEN 2521-179THAVENW 2451 - 179TH AVE NW 2640 - 179TH AVE N ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 1),43224 13 0001 * 04 32 24 13 0002 043224 110004 )A VlD & VICKIE BENlK TERRY & LORI SCHW ANBECK DENNIS & J NIEMANN 2740 - 179TH AVE NW 2700 - 179TH AVE NW 2421-179TH AVE NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 043224 13 0004 043224 140001 043224 140002 JENNIFER DOSS-SHERMAN STEVEN COURNOYER EUGENE P KROLL 2600 - 179TH AVE NW 2520 - 179TH AVE NW 2450 - 179TH AVE NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 043224 140003 04 32 24 13 0005 043224 140007 ROBERT & CHERYL SEVERSON DENNIS & JEAN CHRISTENSON JEROME & M BRISTOL 2420-179THAVENW 17800 ZION ST NW 1780 I ZION ST NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 04 32 24 13 0006 043224 140006 043224 140005 MERLIN JR & L KRUCHTEN DONALD & LORI GILBERT MARK & MARGIE HANSON 260 I - 177m AVE NW 17773 ZION ST NW 2451 - 177m LANE NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 043224 140004 043224 140011 043224 140010 ROBERT & BARBARA DEMSKY ROBERT & CHERYL SEVERSON THOMAS & SHERI BELISLE 'nl -177m LANE NW 2420 - 177m LANE NW 2450 - 177m LANE NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 O~ 32 2~ 1~ 0009 O~ 32 2~ 1~ 0008 O~ 32 2~ 13 0013 ROGER & DONNA GEBEL MARK & BECKY NEUSCHWANDER GORDON & TWILA SEITER 2520 - 17TrH LANE NW 2550 - 17TrH LANE NW 2620 - 17TrH LANE NW ANDOVER, MN 5530~ ANDOVER, MN 55304 ANDOVER, MN 55304 \ A 32 24 24 0007 04 32 24 24 0006 ().J 32 2~ 24 00 12 LLOYD & CAROLYN JARSON LLOYD & CAROLYN JARS ON WAYNE MOEJR 2925 -17TrH AVE NW 2879 - 17TrH AVE NW 17750 GLADIOLA ST NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 O~ 32 24 24 0011 * 043224240010* O~ 32 24 24 0009 * DANIEL & CARINA PAITEN EDWARD H RAUCH DANA & JOAN PErrIS 17790 GLADIOLA ST NW 17850 GLADIOLA ST NW 178~5 GLADIOLA ST NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 O~ 32 24 240008 04 32 24 24 0005 O~ 32 24 24 OOO~ GAIL & BRUCE BLOXHAM CHARLES & SUSAN HAIIERMAN VINH & PHO LAN NGO 17793 GLADIOLA ST NW 17794 EIDEL WEISS ST NW 178~6 EIDEL WEISS ST NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 043224240001 04 32 24 24 0002 O~ 32 24 24 0003 THOMAS & PAMELA BUCHfA MICHAEL & CINDY CARPENTER MICHAEL & T GRUNDSTROM 1512 W MAIN ST 17783 EIDEL WEISS ST NW 17729 EIDELWEISS ST NW CHANUTE, KS 66720 ANDOVER, MN 55304 ANDOVER, MN 55304 f)~ 32 24 210006 043224210005 O~ 32 2~ 21 0004 )CKEY & DEBORAH LUND DAVID & KRISTINE HEAGERTY MICHAEL & BECKY WlllTE 17918 EIDELWEISS STNW 17958 EIDEL WEISS ST NW 18000 EIDEL WEISS ST NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 04322421 0003 043224210007 O~ 32 24 210008 TODD & CARMEN ROSSI JON & JANET HOFFER HARRY & AVIS MEEK 18042 EIDEL WEISS ST NW 180~1 EIDELWEISS ST NW 17997 EIDEL WEISS ST NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 04322421 0009 043224210010 043224210002 TIMOTHY F PAITEN MICHAEL & KATHLEEN BOYER RICHARD BECKER 17953 EIDELWEISS STNW 17913 EIDELWEISS STNW 2%5 -179TH AVE NW ANDOVER, MN 55304 ANDOVER, MN 553().J ANDOVER, MN 55304 04 32 24 22 0008 04 32 24 23 0006 043224310002 (J a.sse.s.slt\m-kj DEAN & JEAN FIRL DEAN & JEAN FIRL DONALD & MAUDE WATSON 3015 -179TH AVE NW 3015 - 179TH AVE NW 17611 RDLKBLVDNW ANDOVER, MN 55304 ANDOVER, MN 553().J ANDOVER, MN 55304 04 32 24 12 0003 * 043224 13 0012 O~ 322413 0011 KHAMM:ONE SOUKNHINDY LORI M SCm..OSSER BRIAN & LORI SCHERFF '7920 CROCUS ST NW 2660 - 17TrH LANE NW 2710 - 17TrH LANE NW .-iNDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 04 32 24 13 {JOW THOMAS & LINDA RYAN 2730 - 17ITH LANE NW ANDOVER, MN 55304 04 32 24 13 0009 BRAD L PLANT 2711 - 17ITH LANE NW ANDOVER, MN 55304 04 32 24 13 0008 * BRIAN & TONI DAHL 2661 - 17ITH LANE NW ANDOVER, MN 55304 '~ 32 24 13 0007 .tALPH & EDITH KRAUSE 2631 - 17ITH LANE NW ANDOVER, MN 55304 * DENOTES CULVERT 95-10 HA WKRIDGE/COUNlRYVIEW ESTATES / / O~ 32 24 ~2 0005 PAUL & PENELOPE SCHRECK 2760 - 17TrH AVE NW ANDOVER, MN 55304 04 32 2~ 42 0006 DONALD & V ALARIE HOLTHUS 17680 ARROWHEAD ST NW ANDOVER, MN 55304 04 32 2~ 42 0007 NADINE BROUILLET 2690 - I 76TH CIRCLE NW ANDOVER, MN 55304 "4 32 24 42 0002 " _.OHN & DONNA DRULEY 2632 - 176TH AVE NW ANDOVER, MN 55304 043224420001 , CALVIN & ANDREA FOGELMAN 1~5IARROWHEADSTNW ANDOVER, MN 55304 043224410006 TERRY & SANDRA KIRCHNER 2557 - 176TH AVE NW ANDOVER, MN 55304 043224410005 MARK & CYNTIIIA STORLIE 2525 - I 76TH AVE NW ANDOVER, MN 55304 04 32 24 41 0004 PAULA MARSHALL 2544 - 1 76TH AVE NW ANDOVER, MN 55304 043224410007 GARY & CAROL NATIERSTAD 2436 - 176TH AVE NW ANDOVER, MN 55304 04 32 24 41 0008 RANDY & CATIN BATES 2518 -176TH AVE NW ANDOVER, MN 55304 043224410009 THOMAS & LANIS CURTIS 2538 - 176TH AVE NW ANDOVER, MN 55304 · DENOTES CULVERT 95-22 VERDIN ACRES / , ) I lD 0> - l.O M CD ro o -oJ -oJ 0 ~~ W~ >z OW C::E zC/J , / <(C/J N u.W 0 0 O~ 0 ~~ .... 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Z r-- ...,. ; <') 0:: 0 CD 0> lO 0 u 3: N cO ~I ...,. lO U. ~ T"" en r-- ...,. l- I- Z r-- N r-- () ..; <I) <I) (f) NW (I) 0 W NW ::I 00 <It 0:: J,e::: c: w ml-cn (I) Ul - l- . cn W > - c: z c:( C ::I Ocne::: .t: ::> 0 ro w Z::>u E - I- - (I) 0 0 1-0<:( CD c:( I- z uzz ..... .0 ..... ro ro_ , w:;a:- . Ul 0::>0 Ul Q.Ul " co (") (I) .- (I) () L.. 0:::1-e::: M - Ul ,~ (I) _W It) 0 Ul 0..00> L.. - N ...J <:( o..C CITY OF ANDOVER REQUEST FOR COUNCIL ACTION I DA TE: April 16, 1996 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson, ~ Engineering ITEM NO. Public Hearing/Preliminary PiaU ~ Weybridge (Weybridge 3rd Addn.) D. The City Council is requested to hold a public hearing for the preliminary plat of Weybridge for Weybridge 3rd Addition only per Ordinance 8 and 10 and all other applicable ordinances as requested by Ashford Development Corporation, Inc. Upon holding the public hearing, the City Council is requested to approve the resolution approving the preliminary plat for Weybridge (Weybridge 3rd Addition only). The Andover Review Committee (ARC) has reviewed the preliminary plat with their comments being identified in the resolution. , " \.. ) The preliminary plat for Weybridge was previously approved by the City Council on February 4, 1992. The preliminary plat has since expired thus requiring a new public hearing and preliminary plat approval. The preliminary plat and associated plans are included for your review. , 1 ./ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WEYBRIDGE (WEYBRIDGE 3RD ADDITION) AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION. INC. LOCATED IN SECTION 26, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, pursuant to published and mailed notice thereof, the City Council has conducted a public hearing; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing the City Council recommends approval of the plat citing the following: 1. The developer and/or owner will be required to obtain all necessary permits (DNR, U.S. Army Corps of Engineer, Coon Creek Watershed District and any other agency which may be interested in the site). 2. The developer is required to comply with Ordinance 10, Section 9.03 (centerline radius at the intersection of 144th Lane NW and Wintergreen Street NW will be 50 feet). 3. The City Engineer provide the appropriate signage to conform to the Minnesota Manual on Uniform Traffic Control Devices regarding concerns of the letter from the Anoka County Highway Department dated December 13, 1991. 4, The Park and Recreation Commission is recommending cash in lieu of land. NOW, THEREFORE, BE IT RESOLVED the City Council approves the preliminary plat citing the following: 1. A variance from Ordinance 10, Section 9.06 A1 and Ordinance 8, Section 6.02 for Lot 14, Block 2 and Lot 1, Block 2 (per final plat) which are corner lots that are not back to back and require 100 feet of width at the front setback line. 2. A variance to Ordinance 10, Section 9.06 A1 and Ordinance 8, Section 6.02 for Lots 6 and 7, Block 3 (per final plat) as they do not meet the required 80 feet of lot width at the setback line. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Wevbridqe (Wevbridqe 3rd Addition) . Adopted by the City Council of the City of Andover this 16th day of April 19~. , J CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor . / Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Gr'D';"...Q /:(es,;,/....,4:.,., / RES. NO. 015-92 " " A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WEYBRIDGE AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, INC. IN SECTION 26, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. . LOCATED WHEREAS, pursuant to published and mailed notice thereof, the Planning and zoning Commission has conducted a public hearing and reviewed the preliminary plat of weybridge; and WHEREAS, The Andover Review Committee has reviewed the preliminary plat; and . , WHEREAS, as a result of such hearing, the Planning and zoning Commission recommends approval of the plat citing the following: 1. Contingent upon the expansion of the MUSA to include this property. 2. Flood plain Ordinance No. 50 will be in effect. 3. The developer and/or owner will be required to obtain all necessary permits (DNR, U.S. Army Corps of Engineer, Coon Creek watershed District and any other agency which may be interrested in the site). 4. The developer is required to comply with Ordinance 10 section 9.03 (streets (a) at the intersection of 144th Lane NW and wintergreen Street 'NW. 5. The City Engineer provide the appropriate signage to conform to the Minnesota Manual on Uniform Traffic Control Devices regarding concerns of the letter from the Anoka County Highway Department dated December 13, 1991. 6. The engineering schematic for Lot 31, Block 7 be attached to the preliminary plat. , / NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Weybridge subject to the following: 1. Park dedication as determined by the Park and Recreation Commission. 2. Developer paying for topography maps. Adopted by the City Council of the City of Andover this 4th day of , 199.2.... ATTEST: 'u~ta Victoria Volk -'City Clerk _'_ ....-'-'-._...~...____~.-, ....M _ ~ ,'__.. __ ~~~~~;"f;~*~~~~~~~it!~rr$~~~I~~f~~'~W~!{~~~~J1~t ':(:L,CITY of ANDbviR"{>:~::" ,,' ""~~':\~:.:,:::~.~:";~:"':.i'/~;E;', ,.. \' ~ - ..-......-J..-.~'...~:'-..::.... ~'.' ::.- . - ..: ~..-"'-~'- '-.":-' ,.:.... .,; " ..... .-'-'-. .....'. . -.~ ~ ':~~';~:~ft~c'~~'~'~~Of proper.,~;'?~ ;"~'~~~:~~~5:~'~"tij]-::~:~;;;;"~' of ::~ij~;j~,:i;li::::'=~c>,:.: '._':~', pRELIMINARY PLAT APPLICATION " Legal Description of property: SL~ ATt4~1.. d property Owner: A s J. F..~ d D~w.-/6f"''' ~ (!I~ 4-.A-~t.,..J , =t:'--L- phone: -r.J. 7 - 0 'T.i'~ Address: sc. 'to 1~.:l"",J L.A_.. A/Iv Applicant: Address: A ....cL....t.- h-, ,_,-J Uvn~ .r.J" 7 ~ '-j phone: 5.4.......' Description of Request: frL.J.-,-~ p/~ ,4-.t!/~,o::;-.;.; 4clJ _"'t~) fi....-- W~ ~.... Jj<.. 3-J. , Rezoning Request Required: YES NO [X] Explain: NOTE: Submittal of this application and fees does not precluqe the applicant and/or property owner from meeting all of the requirements as set out in Ordinance No. 10, the Subdividing & Platting Ordinance; Ordinance No.8, the Zoning Ordinance; Ordinance No. 29, the "Tree Ordinance"; Ordinance No. 50, the Flood plain ordinance; Ordinance No. 52, the Scenic River Ordinance; Ordinanci-~o. 71, the Shoreland Management Ordinance and other such Ordinances and policies. in place and effect by the city of Andover and any other governmental unit having jurisdiction thereon. I hereby acknowledge that I have read the foregoing statement and a~ree and submit that this application is complete and accurate. Il-.r J.. H--.J. 6Je--u-~I''''~ t!P....(,-,.-"Tl...l .r:~ J. Fee: J./fDtt./ Z. Date Paid: J/..2.,/'u. ~ lu-- ~n~ 1.g ature 0 App 1.cant) /Receipt No.: .3\1Qb~-2>Qo71 7'1.. L- S c $LrTl c. XI- ,'7" (Signature of property Owner) cJ"c.._c..:1.1 ..".I t~c...G 4~ A....--.J Sl.~-.Tr.J AI". f4-r ",. - ......s..":) 4'n'--17 '7l> 4 J.""""J".-; J,(~ ....L..,/ "l.s.tJ:'-.l O...~I.,_...., <:"II~P,~~-p..o/ ~ 4_.J -n.. ~~ry ,p "".....J,__. lJ NvT J"'rT/c.J, 71..... """-.7 w_~~ l.c... "'r..-_.l T2I MI.;>"'.!. P..~/'I-r c.'~/~./r-... :'CITY'~{ANDOVER'" ,1~85CROS.STOWN BOULEVARD N.W..,AN~OVER, MINNESOTA!i5304. (612) 755-5100 < . . , CITY OF ANDOVER ' .' ' , COUNTY OF ANOKA. STATE OF MINNESOTA . . - " , ,,' ',' The City Council of the City of Andover will hold a public hea~ing at 7:00 'PM or as " soon thereafter as can be heard, on Tuesday, April 16, 1996 at the Andover City" Hall, 1685 Crosstown Boulevard NW, Andover, MN to consider the preliminary plat of Weybridge 3rd Addition consisting of 52 single family residential lots as being developed by Ashford Development, Inc. on the property described as: , ' That part of the Southeast Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota, lying westerly of the westerly right-of-way line of the ' Burlington Northern Railroad, lying easterly of Weybridge according to the, ' recorded plat thereof, and lying northerly of Weybridge 2nd Addition according to the recorded plat thereof. , , j All opponents are proponents of said proposed preliminary plat will be heard at the above time and location. CITY. OF ANDOVER I.'"", ..1.' ;/,.,' , l ~*"'r:} , , y;l r ,t. -~ .. .,'/ Y ~~M,Vt.:..,r..J'tI.,..~.- Publication Dates: 4-5-96 4-12-96 " ./ ANOKA COUNTY G.I.S. J 2100 3RD AVENUE ANOKA, MN 55303 OFFICE: 6121422.7508 FAX: 6121422-7508 PIN = Parcel Identification Number 28-Mar-96 PIN: 233224420003 PIN: 263224120001 PIN: 263224130001 PIN: 263224130002 PIN: 263224130003 \ PIN: 263224140001 , / PIN: 263224210002 PIN: 263224240056 PIN: 263224240057 PIN: 263224310057 PIN: 263224310058 HOLASEK WINSLOW I ,1159 ANDOVER BLVD NW ANDOVER MN 55304 HOLASEK WINSLOW I 1159 ANDOVER BLVD NW ANDOVER MN 55304 HOLASEK WINSLOW I 1159 ANDOVER BLVD NW ANDOVER MN 55304 WHITE DANIEL J 1049 ANDOVER BLVD NW ANDOVER MN 55304 ANDOVER CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 MAZZEI PAUL D & LINDA L 935 ANDOVER BLVD ANOKA MN 55304 HOLASEK WINSLOW I 1159 ANDOVER BLVD NW ANDOVER MN 55304 REDEPENNING RANDY L & DEBBIE C 14509 YELLOW PINE ST NW ANDOVER MN 55304 GORHAM BUILDERS INC .3~J8 MIggI~fJlPPI BIt MV \0128 '\.km~n &h.>d. \Ju) COONRAPlDS MN 5543:>-L\\35 SORENSON STEVEN J 1223 143RD LN NW ANDOVER MN 55304 TURNQUIST ERIC J & TAMMY M 1211 143RD LN NW ANDOVER MN 55304 / 1 PIN: 263224310059 HEITSCHMIDT L D & L M 14388 XEON ST NW ANDOVER MN 55304 / PIN: 263224310060 PROPP LEMOYNE D & SHAREN K 14404 XEON ST NW ANDOVER MN 55304 PIN: 263224310061 OSIPENKO PAUL A 14420 XEON ST NW ANDOVER MN 55304 PIN: 263224310062 BARRY DANIEL N & LYNNETIE M 14436 XEON ST NW ANDOVER MN 55304 PIN: 263224310063 HOLCOMB DAVID H & KATHLEEN A 14452 XEON ST NW ANDOVER MN 55304 PIN: 263224310064 MILLER RONALD H 14468 XEON ST NW ANDOVER MN 55304 PIN: 263224310065 RABE CAMERON C & WENDY I 14484 XEON ST NW ANDOVER MN 55304 / PIN: 263224310074 KEENEY M S & CARLSON P J 14305 YELLOW PINE ST NW ANDOVER MN 55304 PIN: 263224310075 MEYER HOWARD H & PAMELAJ 14289 YELLOW PINE ST NW ANDOVER MN 55304 PIN: 263224310076 KANE JAMES R JR & SUSAN M 1239 142ND LN NW ANDOVER MN 55304 PIN: 263224310077 MADSEN MITCHELL C & LISA M 14284 XEON ST NW ANDOVER MN 55304 PIN: 263224310078 RUNDELL D K & MILLER D A 14298 XEON ST NW ANDOVER MN 55304 PIN: 263224310079 JACOBS MICHAEL E JR 14312 XEON ST NW ANDOVER MN 55304 / 2 PIN: 263224310080 LORCH JAMES R & SUSAN K 1210 143RD LN NW ANDOVER MN 55304 \ / PIN: 263224310081 BALLSTADT JEFFREY A & AMY S 1220 143RD LN NW " ANDOVER MN 55304 PIN: 263224310082 PORTER JAMES M & TRICIA G 1230 143RD LN NW ANDOVER MN 55304 PIN: 263224340016 JOHNSON BRUCE T & REBECCA M P 1227 142ND LN NW ANDOVER MN 55304 PIN: 263224340017 PETERSON RICHARD M & PAMELA L 1215 142ND LN NW ANDOVER MN 55304 PIN: 263224410003 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ANDOVER MN 55304 PIN: 263224420004 HAGER1Y THOMAS R & SUSAN E 14485 XEON ST NW ANDOVER MN 55304 , J PIN: 263224420005 LEIFELD C M & DOUCETIE K M 14496 XEON ST NW ANDOVER MN 55304 PIN: 263224420006 LOEHLEIN MARLENE 14453 XEON ST NW ANDOVER MN 55304 PIN: 263224420007 FRANTA JOHN M & JO B 14437 XEON ST NW ANDOVER MN 55304 PIN: 263224420008 PAONE JOSEPH P & CYNTHIA L 14423 XEON ST NW ANDOVER MN 55304 PIN: 263224420009 OGLE DAN E 14409 XEON ST NW ANDOVER MN 55304 PIN: 263224420010 LETOURNEAU DOUGLAS J & CHERYL 14395 XEON ST NW ANDOVER MN 55304 / 3 PIN: 263224420011 NICKILA DEAN W & STEPHANIE J 14381 XEON ST NW ANDOVER MN 55304 PIN: 263224420012 POST SCOTT P & MARY E 14367 XEON ST NW ANDOVER " MN 55304 PIN: 263224420013 MISFELDT GARY E & DENISE C -. 14353 XEON ST NW ANDOVER MN 55304 PIN: 263224420014 OLSON SCOTT A & MELISSA G 14341 XEON ST NW ANDOVER MN 55304 PIN: 263224420015 FRIEDRICHS BRENDA L 14329 XEON ST NW ANDOVER MN 55304 PIN: 263224420016 THOMPSON ALLEN J & LORI L 14317 XEON ST NW ANDOVER MN 55304 PIN: 263224420017 ASHFORD DEVELOPMENT CORP INC 3640 152ND AVE NW ANDOVER MN 55304 . / PIN: 263224420018 BECKER CHAD V & JANE E 14327 VALE ST NW ANDOVER MN 55304 PIN: 263224420019 SKMDEN GAIL R 14315 VALE ST NW ANDOVER MN 55304 PIN: 263224420020 STOLSKY PAUL J & PAUMEN C A 14303 VALE ST NW ANDOVER MN 55304 PIN: 263224420021 LARSON JEFFREY S & SCHANTELLE 14291 VALE ST NW ANDOVER MN 55304 PIN: 263224420022 NCNAMARA MICHAEL F 1184 143RD AVE NW ANDOVER MN 55304 PIN: 263224420023 BOES RYAN A 1172 143RD AVE NW ANDOVER MN 55304 / 4 PIN: 263224430063 WEISS THEODORE T & JULIE J 1160 143RD AVE NW ANDOVER MN 55304 GANGL ROBERT T & DIANA K 1148 143RD AVE NW ANDOVER MN 55304 HAMANN MICHAEL RICHARD 1136 143RD AVE NW ANDOVER MN 55304 OLSEN JASON & KAMINSKI LYNN 1124 143RD AVE NW ANDOVER MN 55304 ODONNELL TIMOTHY M & NANCY J 1112 143RD AVE NW ANDOVER MN 55304 MCCANN DAVID B & DANA E 14290 VALE ST NW ANDOVER MN 55304 ALMQUIST TODD A & MICHELLE M 1093 143RD AVE NW ANDOVER MN 55304 BREUCKMAN THOMAS A & CHERYL A 1105 143RD AVE NW ANDOVER MN 55304 PORWOLL THOMAS J & MARGARET J 1117 143RD AVE NW ANDOVER MN 55304 WAHL DENNIS A & KROYER LISA R 14279 VALE ST NW ANDOVER MN 55304 MILBRADT JOHN A & NANNETTE L 14278 VALE ST NW ANDOVER MN 55304 SETTAMBRlNO AJ & HARTY L L 14266 VALE ST NW ANDOVER MN 55304 JOHNSON CAROL A & SETZLER B M 1111 142ND LN NW ANDOVER MN 55304 PIN: 263224420024 J PIN: 263224420025 PIN: 263224420026 PIN: 263224420027 PIN: 263224420028 PIN: 263224420029 PIN: 263224420030 J PIN: 263224420031 PIN: 263224420032 PIN: 263224430002 PIN: 263224430061 PIN: 263224430062 5 PIN: 263224430069 SCHWINGLER SCOTT D & CATHERINE 1123 142ND LN NW ANDOVER MN 55304 LIGEROS JOHN W & KIMBERLY R 1135 142ND LN NW ANDOVER MN 55304 ZEECE GREGORY J & MARY K 1147 142ND LN NW ANDOVER MN 55304 PUFF DANIEL D & BRENNY ANN M 1159 142ND LN NW ANDOVER MN 55304 MEDCALF MICHAEL J & BRENDA J 1171 142ND LN NW ANDOVER MN 55304 EILERS RICHARD G & YVONNE M 1185 142ND LN NW ANDOVER MN 55304 PIN: 263224430064 PIN: 263224430065 PIN: 263224430066 PIN: 263224430067 PIN: 263224430068 , , / / 6 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , .J DATE: April 16, 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT tscott Erickson, 4' Engineering ITEM NO. Co.APprove Final PlaUWeybridge 3rd Addn. - The City Council is requested to approve the resolution approving the final plat for Weybridge 3rd Addition. The final plat is in compliance with the preliminary plat. It is recommended that the plat be approved subject to the following: 1. The City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation cost to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. '- / 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Park dedication has been paid in full for the 3rd Addition. 7. Receipt of all necessary drainage and utility easements outside the plat if necessary. Also, a variance would be required for the following lots: 1. A variance from Ordinance 10, Section 9.06 A1 and Ordinance 8, Section 6.02 for Lot 14, Block 2 and Lot 1, Block 2 which are corner lots that are not back to back lots and require 100 feet of width at the front setback line. This variance was not required previously. The ordinance has been changed (March 1993) since the original plat was last reviewed in 1991, making this a platting requirement at this time. 2. Also Lots 6 and 7, Block 3 would require a variance to Ordinance 10, Section 9.06 A1 and Ordinance 8, Section 6.02 as they do not meet the required 80 feet of lot width at the front setback line. The attached meeting minutes reflect the previous Council discussion regarding these lots. '^' Note: City staff will be working with the developer to ensure all the necessary drainage and ) utility easements have been shown on the final plat along with any additional drainage and utility easements outside the plat. CITY OF ANDOVER COUNTY OF ANOKA "'. .I STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF WEYBRIDGE 3RD ADDITION, AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, IN SECTION 26-32-24. WHEREAS, the City Council approved the preliminary plat of Wevbridqe ; and WHEREAS, the Developer has presented the final plat of Wevbridqe . WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Wevbridqe 3rd Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. " J 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 8. Park dedication has been paid in full for the 3rd Addition. BE IT FURTHER RESOLVED citing the following: 1. A variance from Ordinance 10, Section 9.06 A1 and Ordinance 8, Section 6.02 for Lot 14, Block 2 and Lot 1, Block 2 which are corner lots that are not back to back and require 100 feet of width at the front setback line. / 2. A variance to Ordinance 10, Section 9.06 A1 and Ordinance 8, Section 6.02 for Lots 6 and 7, Block 3 as they do not meet the required 80 feet of lot width at the setback line. , ) Adopted by the City Council of the City of Andover this 16th day of April, 19~. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk " '. / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 094-93 "* O...~..".. I ~eJu{"~ A RESOLUTION APPROVING THE FINAL PLAT OF WEYBRIDGE 3RD ADDITION AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, INC. IN SECTION 26-32-24, ANOKA COUNTY, MN. WHEREAS, the City Council approved the preliminary plat of Weybridge ~., ; and WHEREAS, the developer has presented the finaL plat of weybridge WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and " J NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of weybridge 3rd Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. , ~ / 4. The final plat is not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total cost for the improvements for the property {streets, utilities, etc.}) and a contract for improve~ents awarded. 5. street lights costs to be paid to Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat. 7. Subject to Metropolitan Council approval of the extension of sanitary sewer. BE IT FURTHER RESOLVED citing the following: 1. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA or any other agency that is interested in the site. 2. Park dedication has been paid in full for the 3rd Addition. Adopted by the City Council of the City of Andover this 4th day of May, 19-21. ~ Victoria Vj[~City CITY OF ANDOVE~ (). ~. ~'i lie ' ~. E. McRe vey - ~or / ATTEST: Clerk Regula~ City Council Meeting Minutes - Februa~y4, 1992 Page 4 'APPRovE 'PRELIMINARY ~ptATIWEYBRfDGE:: M~.'Haas ~eviewedthe connnentsof the Andove~ Review Connnittee listed in the Council Agenda on the p~oposed Weyb~idge plat, which consists of 148 single family u~ban lots. The Park Commission also has some conce~n with the pa~k dedication because of the original agreement with the Gaughan Company and the phasing of the development. Jerrv Windschltl. developer - thought'the issue on Lot 1, Block 4 was ~esolved. It is not a co~ner lot because he does not own any prope~ty on Xeon St~eet, and he has furnished the CIty with a certificate from a registered land survey which verIfies that. He does not own the remenant parcel and doesn't know what he can do about It. The survey also shows there is 90 feet at the setback and the lot meets all the area requIrements and setbacks just as if it were a corne~ lot. If the remenants goes tax forfeit in the future, the Council could give them to the property owners. The southern remenant is a buildable parcel. After some discussion, ~emain as is, although Windschitl acquire the Lots 0-+ 7 B1K 3 Mr. Wlndschltl ,",:, addressedthe.lot wIdths on the inter-section of 144th Lane and Winte~green Street. He has the same setbacks as on a 90-degr-ee cor-ner-. He took out the bubble and feels he does meet the setbacks. Mr. Schr-antz stated Staff is asking to r-emove the extra r-ight of way and make a r-ounded tur-n. That affects the setbacks on the lots. To resolve the problem, the houses will be located In the same spots but it would be set back fur-ther on the lots themselves to meet the width requIrements. Council felt that is a minor issue, though it asked that the r-adius be shown on the roadway. the Council agr-eed that Lot ever-y effort should be made r-emanent par-cels. 1, Block 4 should to help Mr. ~ / Mr. Windschitl - asked his oblIgation for park dedication. He bought the par-cel without any pr-e-existing condItions attached to it. He intends to give the full amount owed, but appar-ently at least one on the the Par-k Commissions feels it is not enough. Jeff Kieffer. Park and Recreation Commission Chairperson - was 'concer-ned about the pr-ocess when a City makes an agr-eement for park 'dedication on an entir-e parcel, but then the par-cel Is developed in phases and/or- sold to other- developers. Mr-. Haas stated a for-mula for- par-k dedication was used based on what was done for- the Hills of Bunker- Lake because ther-e is so much low ar-ea. That for-mula does not fit with this subdivision, and they cannot plug in the numbers to see if it meets the 10 per-cent pa~k dedication r-equir-ements because that was a neogitated pa~k dedication for Old COlony Estates. The par-k dedication has been taken a little at a time based on the Commission's motion. The Commission thinks it has 20 acres due plus $5,000 in cash. . .J j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Aoril 16. 1996 AGENDA SECTION ADMINISTRA nON Richard Fursman Discussion Item ITEM NO.,. Adolfson and Peterson Presentation BACKGROUND: Craig Kronholm from Adolfson and Peterson will be giving a presentation on progress for the City Hall at the meeting. No advance material is available. ) CITY OF ANDOVER REQUEST FOR COUNCIL AcrION AGENDA f\O SECTION DATE April 16. 1996 ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM f\O Discussion: Antenna Tower Regulation Ordinance and Tower Lease Agreement Planning Jeff Johnson c;J? w ~, Ordinance No. 113 - An Ordinance Regulating the Construction and Maintenance of Private and Commercial Antennas and Towers Council is asked to review and approve the attached ordinance - Ordinance No. 113 - An Ordinance Regulating the Construction and Maintenance of Private and Commercial Antennas and Towers. , " ) Tower Lease Agreement Council is asked to review and approve the language in the attached tower lease agreement. This agreement was drafted by Thomas Creighton (Bernick and Ufson, P.A.). Please address staff or legal counsel with questions or comments. .. I MOTION BY: SECOND BY: <1:>Bernick and Ufson, P.A. / J Prepared by: This document may be used without fee by cities or other political subdivisions, although legal advice should be sought if substantive alterations are made hereto. The use of this document for profit or any use or reproduction for which a fee is charged by a legal or consulting professional is strictly prohibited without pennission of Bernick and Lifson. P.A. Thomas D. Creighton, Esq. Robert J. V. Vose, Esq. BERNICK AND LIFSON, P.A. Suite 1200 The Colonnade 5500 Wayzata Boulevard Minneapolis, Minnesota 55416 (612) 546-1200 PLEASE DIRECT AlL QUESTIONS OR COMMENTS TO THE ABOVE. C:\FOR.\oIS\CABLE\LEASE6.AGM/rs / Lease Agreement Page 12 of 12 \. CITY of ANDOVER. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 . . \.~- j FAX TRANSMITTAL SHEET Date: #~/() /wb' / !J/L?~AJ) To: Company: Fax Number: ( From: < ~(1Jth</j{j;J '" ) - 4;2/ - 4;2/} Company: City of Andover , / Fax Number: (612) - 755 - 8923 Number of Pages (including this transmittal form): I q Comments: The information contained in this facsimile is confidential information . intended only for the use of the individual or entity named above. If all ptlges were not received or if there are questions regarding this information, please call the person listed above at (612)-755-5100. . J \ J To: Bill Hawkins, City Attorney From: Jeff Johnson, Planning Department Date: April 10, 1996 Subjects: Ordinance Regulating Antennas and Towers Tower Lease Agreement Dear Bill- When you get a chance, can you review the following before the April 16th City Council meeting: 1) Ordinance Regulating Antennas and Towers 2) Tower Lease Agreement - This document was prepared by Thomas , / Creighton (Bernick and Lifson, Mpls.) Your comments are appreciated. ; ORDINANCE NO. ill AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF PRIVATE AND COMMERCIAL ANTENNAS AND TOWERS Section 1. Put:pose and Objectives: The purposes and objectives of this ordinance are to provide for the safe installation of antennas and towers and to minimize the adverse aesthetic impact of antennas and towers on surrounding properties, while permitting reasonable reception and transmission of signals from antennas. To lessen the adverse aesthetic impact on surrounding properties because of the unsightly nature of antennas and towers, and preserve the high quality residential character of Andover, and to ensure that antennas and towers are installed in a manner that can withstand high winds and other adverse weather conditions and do not constitute a nuisance or pose a safety concern, the Council has determined to impose size, height, location and installation restrictions and requirements on antennas and towers. Section 2. Definitions: The following words and terms shall have the following meanings in this ordinance: / Antenna - That portion of any equipment located on the exterior or outside of any structure, used for transmitting or receiving radio, telephone and television signals. Antenna as defined in this ordinance (unless otherwise noted) pertains to all ofthe following antennas: (a) Antenna, Public Utility Microwave - A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof. (b) Antenna, Radio and Television, Broadcasting Transmitting - A wire, set of wires, metal or carbon fibre rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and including the support structure thereof. (c) Antenna, Radio and Television Receiving - A wire, set of wires, metal or carbon fibre element(s), other than satellite dish antennas, used to receive radio television, or electromagnetic waves, and including the supporting structure thereof. (d) Antenna, Satellite Dish - A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to , / ) include but not be limited to what are commonly referred to as satellite earth stations, TYRO's (television, receive only), and satellite microwave antennas. (e) Antenna, Short-wave Radio Transmitting and Receiving - A wire, set of wires or a device, consisting of a metal, carbon fibre, or other electromagnetically conductive element used for the transmission an reception of radio waves used for short- wave radio communications, and including the supporting structure thereof. (f) Antenna, Telecommunications - a device consisting of a metal, carbon fibre, or other electromagnetically conductive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of radio waves in digital, analog or other wireless or personal communication services (i.e. cellular, paging, etc.). Mast - Shall mean that portion of the outside antenna system to which the antenna is attached, and the support of extension required to elevate the antenna to a height deemed necessary for adequate operation. Private Property - Land that is not public property as defined in this section. Public Property - Land owned or operated by a municipal government entity (City of Andover). / Tower - Any pole, spire, or structure, or any combination, to which any antenna could be attached, or which is designed for any antenna to be attached, and all supporting lines, cables, wires and braces. Section 3. Permit Required' Height Restrictions' Exemptions: No antenna or tower in excess of thirty-five (35) feet from ground level of any kind shall be erected, constructed, or placed, or re-erected, re-constructed or replaced on private property without first receiving a special use permit and obtaining a building permit (if necessary) from the City. Antennas and towers erected, constructed, or placed, or re-erected, re-constructed or replaced on public property shall require an special use permit, a building permit (if necessary), a lease agreement and comply with all provisions and policies as required and adopted by City Council. No permit shall be required for antennas or towers erected or constructed by the City for City purposes. Antennas (including the mast) mounted on a building or structure shall not extend over twenty-five (25) feet above the highest portion of the roof ofthe building or structure. . / If no existing structure which meets the height requirements for the antennas is available for mounting the antennas, the antennas may be mounted on a single pole not to exceed seventy-five (75) feet in height provided that the pole is located at least seventy-five (75) 2 ~ i feet from the nearest residential structure, unless a qualified structural engineer shall specify in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances. Section 4. Application for Permit: Issuance: Fee: Application for a special use permit by this Section shall be made to the Planning and Zoning Department in the same manner, and containing the same information, as for a special use permit pursuant to Ordinance No.8, Section 5.03. Section 5. Existin!: Antennas and Towers. Antennas and towers in existence prior to the adoption of this ordinance which do not conform to or comply with the provisions may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying with all respects of this ordinance. Section 6. General Requirements: All antennas and towers for which a permit is required shall comply with all of the following requirements: / Subd. I Proximity to Power Lines. No antenna, tower or mast shall exceed a height equal to the distance from the base of the antenna or tower to the nearest overhead power line (except individual service drops), less five feet. Subd. 2 Grounding. Antennas and towers shall be grounded for protection against a direct strike by lightning and shall comply, as to electrical wiring and connections, with all applicable provisions of this ordinance and State law. Subd.3 Tower Materials. All towers shall be constructed of corrosive-resistant steel or other corrosive-resistant, non-combustible materials. Towers shall not be constructed or made of wood, including timbers or logs. Subd. 4 Wind Load. All such structures and towers shall be designed to withstand a wind load from any direction as specified in the Building Code, in addition to any other load. Subd. 5 Foundations. The foundations for such structures and towers shall be designed in accordance with accepted engineering practices and shall be provided to resist two times the calculated wind uplift. Subd. 6 Protection from Climbing. Antennas and towers shall be protected to discourage climbing by unauthorized persons. If this cannot be prevented, the tower or antenna shall be provided with security fencing to prevent unauthorized entry. . / 3 I Subd.7 Restrictions on Lights and Other Attachments. No antenna or tower shall have affixed to it in any way except during the time of repair and installation any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor shall any tower or antenna have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair. Subd. 8 Prohibited Extensions. No part of any antenna or tower nor any lines, cables, equipment, wires or braces used in connection with any tower or antenna shall, at any time, extend across or over any part of a street, sidewalk or alley. Subd. 9 Transmitting, Receiving and Switching Equipment. Transmission, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where applicable. Subd. 10 Inspections. All towers and antennas erected within the City of Andover may be inspected at least once each year by an official of the Building Department to determine compliance with original construction standards. Deviation from the original construction for which a permit is obtained constitutes a violation of this ordinance. I Subd. 11 Liability Insurance. Any person or firm erecting an antenna or tower within the City of Andover shall show proof of liability insurance covering personal injury or property damage in the event that such damage or injury is caused by the structure. Section 7. Location. Subd. 1 Setback Location. In no case shall any antenna or tower be located, constructed, installed, maintained, at any time, within the setback required by Ordinance No.8, Section 6.02 for a principal building or structure for the Zoning District in which the antenna or tower is located. The antenna or tower shall be located in the rear yard only in all zoning districts where an existing principal structure exists, unless approved by the City Council. Subd.2 Telecommunications Towers/Antennas. Shall be constructed, installed, located or maintained in the following zoning districts: Limited Business, Neighborhood Business, Shopping Center, General Business, Industrial and General Recreation. In no case shall any telecommunication tower(s)/antenna(s) be constructed, installed, located in residential zoned districts, with the exception of public property. , J 4 ; Section 8. Variances. Variances from the literal provisions of this ordinance shall be processed and granted or denied in the same manner and based on the same criteria as variances under Ordinance No.8, Section 5.04. Section 9. Destroyed or Damaged Antennas or Towers. If an antenna or tower is damaged or destroyed due to any reason or cause whatsoever, the same may be repaired or restored to its former use, location and physical dimensions upon obtaining a building permit but without otherwise complying with this ordinance. Provided, however, that if the cost of repairing or restoring such damaged or destroyed antenna or tower would be 50 percent or more, as estimated by the Building Official, of the cost of purchasing and erecting a new antenna or tower of like kind and quality and to the former use, physical dimensions and location, then the antenna or tower may not be repaired or restored except in full compliance with this ordinance. Section 10. Abandoned Antennas and Towers. Removal. Any antenna or tower which is not used for one (1) successive year shall be deemed abandoned and must be removed with all other associated equipment from the property within ninety (90) day of notice by the City. / Section 12. Penalty. (1) Misdemeanor. Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor and shall be subject to applicable fines and imprisonment defined by State law. (2) Other Remedies. In addition to the penalties imposed by this ordinance, the City may exercise, with or separately from such penalties, all and any other legal and equitable remedies then available to the City by this ordinance, or by statute, or by other ordinances of the City, or by applicable rules or regulations, to enforce this ordinance, including, without limitation, injunction. , . / 5 Adopted by the City Council of the City of Andover on this _ day of . J ATTEST: CITY OF ANDOVER ,1996. Victoria V olk, City Clerk J.E. McKelvey, Mayor / '. / 6 LEASE AGREEMENT / This Tower Lease Agreement ("Lease") is entered into this _ day of , by and between ("Landlord") and ("Tenant"). In consideration of the terms and conditions of this agreement, the parties agree as follows: 1. Leased Premises. Subject to the terms and conditions ofthis Lease, Landlord hereby leases to Tenant a portion of Landlord's property located at , County of State of Minnesota, legally described in Exhibit A attached hereto (the "Property"), subject to any and all existing easements. Landlord also leases to Tenant a portion of the tower located on the property ("Tower"), as more particularly described in Exhibit B ("Site Plan") attached hereto. Tenant intends to locate and place directional antennas, connecting cables and appurtenances ("Antennae Facilities") on the Tower, the exact location of each to be reasonably approved by Landlord's (applicable officer). / Term/Renewals. The term ofthis Lease shall be five (5) years, commencing on ,199_ (the "Commencement Date") and ending , 200_. This Lease may be renewed for successive renewal terms by Tenant notifying Landlord at least sixty (60) days prior to expiration of its intention to renew the Lease according to the terms and conditions herein. Landlord may deny renewal of this Lease by written notification of its intention not to renew the Lease within fourteen (14) days after receipt of Tenant's renewal notification or at any time at least sixty (60) days prior to the expiration of the initial term or any renewal term. 2. 3. Rent. , / a. Upon the Commencement Date, the Tenant shall pay the Landlord an annual fee in the amount of twelve thousand dollars ($12.000) for the initial year ("Base Rent"). The Base Rent shall be paid in advance on the anniversary date of this Agreement. For each additional antenna installed by Tenant beyond the initial array described in Exhibit B, Tenant shall pay an additional fee of three hundred dollars ($300.00) per month which shall increase annually under the same terms provided hereinabove and shall become part of the Base Rent. Further, at such time as Tenant generates gross revenue from the use of the Property and the Antenna Facilities or other facilities associated therewith, and five percent (5%) of such revenue exceeds the Base Rent herein, Tenant shall pay as additional rent to Landlord in an amount equal to the difference between five percent (5%) of such revenues and the Base Rent. In addition, / / ./ Tenant agrees to pay any real estate taxes or payment in lieu of taxes required as a result of this Lease. b. On the Commencement Date of Lease, the Tenant agrees to provide the Landlord the following all of which are at the cost and expense of the Tenant: The tenant shall provide to Landlord, transportable cellular telephones with one (1) extra battery each or equivalent units at Tenant's discretion. Said phones shall become the property of Landlord, including all manufacturers warranties that apply. Landlord agrees to execute one year minimum subscriber agreements with cellular carrier for each phone. Landlord shall be charged for use of said phones at the currently available Government rate or succeeding rate structure that may supersede said Government rate during the term of this Lease or said Subscriber agreements. c. The Rent shall be increased annually by an amount equal to the increase in the Consumer Price Index (CPI) for the Minneapolis/St. Paul area as determined by the Minneapolis Library Department of Economics or five percent (5%), whichever is greater. d. If this Lease is terminated at a time other than on the last day of the month, Rent shall be prorated as of the date of termination and, in the event of termination for any reason other than nonpayment of Rent, all prepaid Rents shall be refunded to the Tenant. Tenant may not add additional equipment and/or antennas from that shown on the Site Plan attached as Exhibit B without the approval of the Landlord. 4. Property Use. Tenant may use the property for the installation, operation, and maintenance of its Antennae Facilities for the transmission, reception and operation of a communications, use incidental thereto, and for the storage of related equipment in accordance with the terms of this Lease. This use shall be non-exclusive. Tenant's use shall consist of antennae on the side of the Tower, along with cables and appurtenances connected to such of Landlord's ground facilities as may be provided in the Site Plan attached as Exhibit B. Tenant may erect and operate (# and type) antennae and may expand to a maximum of antennae, but only with Landlord's consent and only after Landlord has obtained, at Tenant's expense, a certified evaluation indicating that each additional antenna will not interfere with existing antennae or proposed antennae, and the Tower can structurally support the additional antennae. Tenant shall use the property in compliance with all federal, state, and local laws and regulations. Landlord agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including Landlord's reasonable attorney and administrative fees, any federal licenses and permits required for Tenant's use of the property. 2 5. / . J .' Building Construction Standards. Tenant's facilities shall, at all times, be painted, at Tenant's expense, the same color as the adjoining tower. 6. Installation of Equipment and Leasehold Improvements. a. Tenant shall have the right, at its sole cost and expense, to install, operate and maintain in accordance with good engineering practices, with all applicable FCC rules and regulations, on the property, all necessary Antennae Facilities which facilities may include transmitting and receiving antennae not to exceed that designated in the Site Plan attached as Exhibit B. b. Tenant's installation of all such Antenna Facilities shall be done according to plans approved by Landlord. Any damage done to the property and/or tower itself during installation and/or during operations shall be repaired or replaced within thirty (30) days at Tenant's expense and to Landlord's sole satisfaction. c. Tenant shall provide Landlord with a Site Plan as Exhibit B consisting of as-built drawings of the Antenna Facilities and the improvements installed on the Property, which show the actual location of all equipment and improvements. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities. 7. Equipment Upgrade. Tenant may update or replace the Antenna Facilities from time to time with the prior written approval of Landlord, provided that the replacement facilities are not greater in number, size or volume than the existing facilities and that any change in their location on the leased premises is satisfactory to Landlord. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any supplemental materials as may be requested, for Landlord's evaluation and approval. As technology advances and improved antennae are developed and reasonably available, Landlord may require in its sole discretion the replacement of existing antennae with the improved antennae, as long as the installation and use of the improved antennae are practical and technically feasible. 8. Maintenance. a. Tenant shall, at its own expense, maintain any equipment on or attached to the Property in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use or other lease of the property by Landlord. Tenant shall not unreasonably interfere with the working use of the Property, related facilities or other equipment of additional Tenants. b. Tenant shall have sole responsibility for the maintenance, 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 3 ] / Lease term. c. Tenant must keep the property free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard, undue vibration, heat, noise, interference, etc. d. In the event the Landlord repaints its tower, it shall be the responsibility of the Tenant to provide adequate measures to cover Tenant's equipment, personal property or Antennae Facilities and protect such from paint and debris fallout which may occur during the paint restoration process. 9. Property Access. / . / a. Tenant, at all times during this Lease, shall have vehicle ingress and egress over the Property by means of the existing access, subject to notice requirements to Landlord in b., below. b. Tenant shall have reasonable access to the Property in order to install, operate, and maintain its Antenna Facilities. Tenant shall have access to such facilities only with the approval of Landlord. Tenant shall request access to the premises twenty-four (24) hours in advance, except in an emergency. c. Landlord shall be allowed and granted access to the property at reasonable times to examine and inspect its Antenna Facilities and/or the property for safety reasons or to ensure that the Tenant's covenants are being met. 10. Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the property and shall pay all costs associated therewith. 11. License Fees. Tenant shall pay, as they become due and payable, all fees, charges and expenses required for licenses and/or permits required for Tenant's use of the Property . 12. Compliance with Statutes Regulations. and Approvals. It is understood and agreed that Tenant's use ofthe Property herein is contingent upon its obtaining all certificates, required permits, comply with zoning requirements, and other approvals that may be required by any federal, state or local authority (Engineering study, radio frequency interference study, etc.) Tenant's Antenna Facilities and any other facilities shall be erected, maintained and operated in accordance with site standards, state statutes, rules and regulations now in effect or that thereafter may be issued by the FCC and related governing bodies. 4 13. Interference. Tenant's installation, operation, and maintenance of its transmission facilities shall not damage or interfere in any way with Landlord's Tower operations or related repair and maintenance activities and Tenant agrees to cease all such actions which materially interfere with Landlord's use of the Tower immediately upon actual notice of such interference, provided however, in such case, Tenant shall have the right to terminate the Lease. Landlord, at all times during this Lease, reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter or improve the property in connection with Tower operations as may be necessary. The Landlord agrees to give reasonable advance notice of any such activities to the Tenant and to reasonably cooperate with Tenant to carry out such activities with a minimum amount of interference with Tenant's transmission operations. Before placement of Antenna Facilities, Landlord may obtain, at Tenant's expense, an interference study indicating that Tenant's intended use will not interfere with any existing communications facilities on the Tower and an engineering study indicating that the Tower is able to structurally support the Tenant's Antennae Facilities without prejudice to the Landlord's primary use of the Tower. . J Landlord in no way guarantees to Tenant subsequent noninterference with Tenant's transmission operations, provided, however, that in the event any other party except a governmental unit, office or agency requests permission to place any type of additional antenna or transmission facility on the Property the procedures of this Paragraph shall govern to determine whether such antenna or transmission facility will interfere with Tenant's transmission operations. If Landlord receives any such request, Landlord shall submit the proposal complete with all technical specifications reasonably requested by Tenant to Tenant for review for noninterference. Tenant shall have thirty (30) days following receipt of said proposal to 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 transmission facilities pursuant to said proposal. If Tenant gives notice of objection due to interference during such 30 day period and Tenant's objections are verified by landlord to be valid, then Landlord shall not proceed with such proposal. The entities requesting an additional lease shall be responsible for the expenses incurred in any independent validation of Tenant's interference objections, provided, however, should the independent analysis conclude that Tenant's interference objections were invalid, Landlord shall be responsible for any independent validation fees. A governmental unit may be allowed to place antennae or other communications facilities on Tower regardless of potential or actual interference with Tenant's use, provided however, if Tenant's use of the Property is materially affected, Tenant may terminate the Lease. J 5 , / 14. , / l Tenant's use and operation of its facilities shall not interfere with the use and operation of other communication facilities on the Tower which pre-existed Tenant's facilities. If Tenant's facilities cause impermissible interference, Tenant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated in a reasonable time, Tenant shall immediately cease operating its facility until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) days, Landlord may terminate this Agreement. Termination. Except as otherwise provided herein, this Lease may be terminated by either party upon sixty (60) days written notice of default to the other party as follows: (a) by either party upon a default 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 at law, in equity, or pursuant to any other provisions hereof); (b) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; (c) by Landlord if the City Council decides, in its sole discretion and for any reason, to redevelop the Property and/or discontinue use of the Property for all purposes; (d) by Landlord ifit determines, in its sole discretion and for any reason, that the Property is structurally unsound for Tenant's use, including but not limited to consideration of age of the structure, damage or destruction of all or part of the Property from any source, or factors relating to condition ofthe Property; or by Landlord if it determines in its sole discretion that continued occupancy of property by Tenant is in fact a threat to health, safety or welfare. Upon termination of this Lease for any reason, Tenant shall remove its equipment, personal property, Antenna Facilities, and leasehold improvements from the Property within thirty (30) days of the date of termination, and shall repair any damage to the Property caused by such equipment, normal wear and tear excepted; all at Tenant's sole cost and expense. Any such property or facilities which are not removed by the end of lease period shall become the property of Landlord. 15. Liquidated Damages: Early Termination. Notice of Tenant's early termination shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice. All rentals paid for the lease of the Property prior to said termination date shall be retained by Landlord. Upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other, except that rental payments to the Landlord shall continue as liquidated damages for the remainder of the five (5) year Lease term, not to exceed 150% of the annual rent for the year in which such termination occurs. 6 .. , 16. / Limitation of Landlord's Liability: Early Termination. In the event landlord terminates or otherwise revokes the Lease, other than as provided in paragraph 14 above, or Landlord causes interruption of the business of Tenant, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 17. Letter of Credit/Security Fund. Tenant shall provide a $5,000.00 Letter of Credit or Security Fund payable to Landlord upon demand to secure compliance with the provisions of this Lease, including but not limited to the requirement that Tenant remove all equipment and Antennae Facilities in the event of expiration or termination. 18. Insurance. / . / a. 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 ofthe Property. Any applicable policy shall list the Landlord as an additional insured and shall provide that it will be the primary coverage. The insurance coverage must include, at least, Comprehensive General Liability Insurance Coverage, including premises/operation coverage, bodily injury, property damage, independent contractors liability, completed operations coverage, and contractual liability coverage, in a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence, subject to One Million Dollars ($1,000,000) aggregate. Tenant may satisfy this requirement by underlying insurance plus an umbrella policy. Tenant shall also maintain the worker's compensation insurance required by law. b. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damages caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. c. Tenant shall provide Landlord, prior to the Commencement Date and before each renewal of the Lease term, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota, which includes all coverage required in paragraph above. Said certificate shall also provide that the coverage may not be canceled, non-renewed, or materially changed without thirty (30) days written notice to Landlord. In such event, all rights and obligations of the parties shall cease as of the date of 7 \ ) 19. 20. '. J the damage or destruction and Tenant shall be entitled to the reimbursement of any rent prepaid by Tenant. Damage or Destruction. If the Property or any portion thereof are destroyed or damaged so as to materially hinder effective use of the Antenna Facilities through no fault or negligence of Tenant, Tenant may elect to terminate this lease upon thirty (30) days written notice to Landlord. In such event, all rights and obligations of the parties shall cease as of the date ofthe damage or destruction and Tenant shall be entitled to the reimbursement of any rent prepaid by Tenant. Condemnation. In the event the whole ofthe Property is taken by eminent domain, this Lease shall terminate as of the date title to the property vests in the condemning authority. In event a portion of the Property is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the landlord shall receive full amount of such award. Tenant shall hereby expressly waive any right or claim to any portion thereof although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Property, shall belong to landlord, Tenant shall have the right to claim and recover from the condemning 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 and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antenna Facilities, and leasehold improvements. 21. 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 the Landlord or for which the 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 Antennae Facilities on the Property, provided same is not due to the negligence or willful default of landlord. / If Tenant fails or neglects to defend such actions, Landlord may defend the same and any expenses (including reasonable attorneys' fees) which it may payor incur in defending said actions, as well as the amount of any judgment or settlement which it may be required to pay, shall promptly be reimbursed by Tenant. 22. Hazardous Substance Indemnification. Tenant represents and warrants that its use ofthe Premises, herein, will not generate and it will not store or dispose on the 8 \ / Property nor transport to or over the property any hazardous substance except as described hereafter: . Tenant further agrees to hold Landlord hannless from and indemnify Landlord against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorney's fees, costs and penalties incurred as a result thereof except any release caused by the negligence of Landlord, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 23. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to Landlord, to: / Ifto Tenant, to: With a copy to: 24. Assignment. a. Tenant may not assign or sublet this Lease without the prior written consent of Landlord. Notwithstanding the provisions of this paragraph, Tenant shall have the right, without Landlord's consent, to assign this Lease to any parent, subsidiary or affiliate of Tenant or any corporation into which Tenant may be merged or consolidated or which purchases all or substantially all of the assets of Ten ant, as long as Tenant remains obligated on the Lease. Any approved sublease that is entered into by Tenant shall be subject to all of the provisions of this Lease. b. The parties acknowledge that this is a nonexclusive lease. Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment to any person or entity which may be in competition with Tenant, or any other party, subject to the conditions set forth in paragraph 13 of this Lease. / 9 ) 25. Successors and Assigns. This Lease shall run with the Property. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 26. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. b. Landlord and Tenant each waive any and all rights to recover against the other for any loss or damage to such party arising from any cause to the extent covered by any property insurance required to be carried pursuant to this Lease. The parties will, from time to time, cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all property insurance policies carried in connection with the Tower or the Property or the contents of either. \ / c. In the event either party hereto shall institute suit to enforce any rights hereunder, the prevailing party shall be entitled to recover court costs and attorneys' fees incurred as a result thereof. d. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are not 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. e. This Lease shall be construed in accordance with the laws of the State of Minnesota. f. If any term of this Lease is found to be void or invalid, such invalidity shall not effect the remaining terms of this Lease, which shall continue in full force and effect. This Lease was executed as of the date first set above. Landlord: City of Andover By: Jack McKelvey, Mayor By: J Victoria V olk, City Clerk 10 ) Tenant: By: Its General Manager STATE OF MINNESOTA ) )SS COUNTYOFANOKA ) The foregoing instrument was acknowledged before me this _ day of , 199_, by Jack McKelvey and Victoria V olk, the Mayor and City Clerk respectively of the City of Andover, Minnesota, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public . J Tenant Name: By Its STATE OF MINNESOTA) )SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me on the _ day of , 199_, by (print name ). Notary Public My Commission Expires: ) (Seal) 11 Regular Andover City Council Meeting Minutes - April 2, 1996 Page 2 " ) (Consent Agenda, Continued) Item 17 Approve Plans and Specs/Sealcoating/IP96-4 (See Resolution R062-96) Item 18 Approve Plans and Specs/Order Quotations/Miscellaneous Concrete Curb and Gutter/IP96-6 (See Resolution R063- 96) MOTION by Jacobson, Seconded by Dehn, to approve the Consent Agenda. Motion carried on a 4-Yes, 1-Absent (Knight) vote. APPROVAL OF MINUTES March 19, 1996, Regular Meeting: Correct as written. March 19, 1996, EDA Meeting: Correct as written. March 19, 1996, HRA Meeting: Correct as written. MOTION by Kunza, Seconded by Dehn, to approve the Minutes. carried on a 4-Yes, 1-Absent (Knight) vote. Motion COMMITTEE MEETING/ANDOVER DAYS Mayor McKelvey announced a committee is being formed for the Andover , Days which will begin on July 20. That committee will meet on April 2S, ,_) 1996, at 7 p.m., and anyone interested in serving on it is encouraged to attend. AMEND ORDINANCE NO. 92/ADULT USE ORDINANCE Council discussed the wording of the amendment regarding the 1,000 square-foot requirement. Mr. Carlberg explained the intent would be that if any of the three requirements is met, the establishment would be considered an adult book and media store. Those requirements include lS percent or more of stock and inventory, lS percent or more of floor area, or more than 1,000 square feet used for the display of adult materials. Council agreed the word "or" should be inserted before "exceeding 1,000 square feet" to clarify the intent. Staff was also asked to inform those book and media stores already located in the City of this ordinance amendment. MOTION by Jacobson, Seconded by Kunza, to approve the ordinance amendment as presented. Motion carried on a 4-Yes, l-Absent (Knight) vote. \ APPROVE ENTRY AND TESTING AGREEMENT (ETA}/SBA, INC. " j Councilmember Jacobson noted the agreements have the towers designated by an SBA site number. Mr. Carlberg stated the address of each tower will be included in the first section of the agreements. Regular Andover City Council Meeting Minutes - April 2, 1996 Page 3 ( , / (Approve Entry and Testing Agreement/SBA" Inc., Continued) Councilmember Jacobson was concerned with the paragraph on "Filings" in each of the agreements. It appears that this allows Sprint Spectrum, L.P., to file applications on behalf of the City, that Andover is giving permission to them in advance to do whatever they ask. Tom Klawiter, SBA, stated the purpose of the agreements is to be able to test the property. They would always check with the City first before filing anything on the City's behalf. It doesn't mean the City is giving carte blanch approval of anything. Attorney Sullivan suggested an amendment to the agreements that any application would have prior approval of the City. . Larissa Knapp, SBA, explained the purpose is to guarantee that if any filings are needed, they would be done in a timely manner. They would be taking no steps without checking with the City first. Mr. Klawiter stated their goal is to have the system operational in the first quarter of 1996. They will be doing studies for radio signals and environmental tests if necessary before permits are issued. They want to proceed and would be agreeable if the Council chooses to amend the agreements. (, ) Mr. Klawiter also explained the procedure for testing before any ground breaking is done. Their studies will be done from a truck and will be based on frequencies. They have not encountered any problems with interference of other frequencies, as they use a different frequency and different power level. They will be using a digitally encoded code that cannot be heard over the air waves. MOTION by Jacobson, Seconded by Dehn, approving the Entry and Testing Agreements for sites identified as 339 and 338 as presented with the exception on Item Number 2 on each of the Agreements, the Section called Filings, request that they meet with the City Attorney to make sure the City is really only granting the right to the test and not giving any other rights beyond that in terms of permits or whatever. Motion carried on a 4-Yes, 1-Absent (Knight) vote. PUBLIC WORKS BUILDING DISCUSSION Frank Stone, Public Works Superintendent, provided some history on the present Maintenance Building. Public Works has continued to grow as the City has grown, and they have run out of space. The Supervisors of each Department have presented the square footage requirements to base their equipment, and a total of 34,000 square feet over and above the present space is needed. The need is somewhat eminent as the City is presently storing much of its equipment in the building on the former M.R. Olson property; however, that building will be demolished this summer. If the Fire Department is no longer housed in the Maintenance Building, they would need only an additional 24,000 square feet. He felt first a , decision needs to be made about Station 3 for the Fire Department. / There is sufficient land to add the additional space needed, though they will lose their parking once they add on to the present building. He is asking the Council for direction. Regular Andover Planning and Zoning Commission Meeting Minutes - Maarch 26, 1996 Page 3 , ) (Public Hearing: Amend Ordinance 8, PUDs, Continued) table in Section 6.02 or in the POD ordinance. Mr. Carlberg stated the platting ordinance would still require the 39,000 square-foot minimum on rural areas, the minimum building pad, etc. He stated if minimums are not required at this time, they will work with developers; and if it becomes a problem, the ordinances can be amended in the future. Commissioner Putnam noted there is no mention of PODs in the commercial area. Therefore, minimums should be eliminated for residential areas as well and let that be negotiated by the City with the developers. Then every district in the tabl~ will be the same. The Commission asked whether another hearing notice is necessary tQ amend Ordinance 8, Section 6.02, Minimum Requirements. Mr. Carlberg did not believe so; however, the Commission has the option to do so. The Commission generally agreed that another public hearing notice should be advertised. They also generally agreed that the table in Section 6.02 should be amended to eliminate the minimum POD requirements noted in the R-4 and R-5 districts. The intent would be that minimum lot sizes in all districts would be negotiated with the developers, given the parameters that are already in existence for septic systems, building pads, etc. Mr. Carlberg stated the issues of maintenance by \ Public Works and legal review should be resolved by the time the )Commission hears this again. MOTION by Wells, Seconded by Berry, to table this subject to legal review and renotification for a public hearing for Section 6.02. Motion carried on a 6-Yes, I-Absent (Peek) vote. This will be placed on the April 9, 1996, Commission agenda. 7:50 p.m. PUBLIC HEARING: WETLAND PROTECTION ORDINANCE Mr. Carlberg stated Staff is requesting this item be tabled to obtain more information. Staff will be meeting with developers this Thursday on several issues, and input is desired on this proposal as well. He also noted a letter from Rosella Sonsteby which protests the requirement of a buffer around wetland areas. MOTION by Putnam, Seconded by Luedtke, to table the public hearing for Wetland Protection Ordinance so Staff has time to process information obtained with meeting with developers and the Watershed District. Motion carried on a 6-Yes, I-Absent (Peek) vote. PUBLIC HEARING: ANTENNA/TOWER REGULATION ORDINANCE 7:54 p.m. Mr. Johnson reviewed the impetus for the proposed ordinance )and highlighted some of the provisions to regulate the construction of . antennas and towers in the City. The placement of antennas or towers on public or City-owned property would require a Special Use Permit and a lease agreement. Regular Minu tes Page 4 , J / Andover Planning and Zoning Commission Meeting - Maarch 26, 1996 (Public Hearing: Antenna/Tower Regulations Ordinance, Continued) ( MOTION by Wells, Seconded by Putnam, to open the public hearing. Motion carried on a 6-Yes, I-Absent (Peek) vote. 7:56 p.m. Larissa Knapp and Tom Klawiter, SBA, explained they are a consulting company working with Sprint Spectrum to establish a wireless communications network in the Minneapolis/St. Paul area plus 28 othe~ areas around the country. It is based on the next generation in cellular technology, which is digital. The advantage of digital technology is it provides better security. It also broadcasts at a lower power output. The,phones will be smaller and lighter weight. They have a 25-year plan in which to perfect the technology and move to have long distance, local cable, cellular phone, etc., all under one company. Personal communication system equipment will be on another frequency band, so there should be no interference with other things. It is regulated by the FCC. Commissioner Wells was concerned that there will be problems similar to what people in Coon Rapids are experiencing when they get TV transmissions over their phone lines. Mr. Klawiter was not aware of that problem. If there is any question of overlap of the different frequencies, their engineers can check it out. They do analyze the Twin Cities area to decide where the towers should be put to provide the best reception for the Twin Cities area. They are proposing to have antennas placed on the City'S water towers. Ms. Knapp -j stated their engineers can do a study of modulations if the City can provide the frequencies and power outages of other antennas in the area to determine whether the interference is being caused by their PCS system. Mr. Klawiter stated their goal is to be able to have the best and clearest reception possible. If there is an overlap in frequencies, their system is not performing at the correct band and they should be notified so they can fix it. They are not allowed to operate at a different frequency. Commissioner Apel asked if either one of them had a problem with the ordinance being proposed. Ms. Knapp stated she only had a chance to glance at the ordinance, but it does fall in line with what other communities are doing. She questioned the language under Section 2, (a), which does not relate to analog communications. After some discussion, the Commission agreed to the following wording: ". . . reception of radio waves in digital, analog or wireless communications." Mr. Klawiter stated the ordinance is limiting if they are only allowed to place their antennas on City property. If their engineers decide a good location is on top of an existing building that has a tower already, to avoid that and build a tower on City property in that same section might not be desirable for them or the City. Mr. Carlberg stated the direction of the Council was to have these on City-owned property so the City had control. They may need to address the issue of existing ) private structures. Commissioner Apel was not impressed when a ( governmental unit decides to become a monopoly. He didn't want to be a part of an ordinance that is structured to prevent competition in the private sector. Regular Andover Planning and Zoning Commission Meeting Minutes - Maarch 26, 1996 Page 5 ( ) (Public Hearing: Antenna/Tower Regulations Ordinance, Continued) Ms. Knapp stated they first look at public property for the location of their antennas. If that is not available, they look on top of existing private buildings. Mr. Carlberg stated he will ask the Council to address that issue. MOTION by Luedtke, Seconded by Berry, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Peek) vote. 8:10 p.m. Commissioner Putnam had a concern with Section 6, Subdivision 7, on Page 3. There are regulations on lights and reflectors at a certain height. At the same time, he didn't want them to be a nuisance issue to the quality of life for adjoining properties. This ordinance should not conflict with those regulations. Mr. Carlberg stated it is a safety issue, and they will look into it further. One of the concerns is not knowing just how many towers and antennas will be needed. Commissioner Berry asked if allowed on City property, how would the City stop someone from leasing space on that same tower to someone else? She did feel it would be better to allow flexibility in the location of the antenna than to have to build a tower on City property that may be right next to a suitable location on private property. Chairperson Squires felt that would be included in the lease agreement. Commissioner Luedtke J did not favor restricting these to City-owned property. With the Special Use Permit process, there is no reason to limit the locations. That can be handled through the Permit. Commissioner Apel felt that as written, it could be interpreted that someone that has an existing tower on private property would have to remove it. He specifically related to Sections 3 and 5. Mr. Carlberg stated the intent is not to require existing towers to be taken down. MOTION by Berry, Seconded by Luedtke, that we forward to the City Council for approval the proposed ordinance with the following changes: Page 1, Section 2, (a), add "...digital, analog, or other wireless communications". And also that further consideration be given to Section 6, Subsection 7 on Page 3 regarding the lighting requirements, beacons, lights, illuminators, and that be looked at for code and other regulations. Page 4, Section 7, Subsection 2, that further consideration that they can be located somewhere else in the City of Andover on private property versus City-owned and look at that as an option. DISCUSSION: Commissioner Wells asked that "public property" be used rather than "City-owned property" to be able to include county and school district property. Chairperson Squires felt that will be addressed under Section 7, Subsection 2. Motion carried on a 6-Yes, 1- Absent (Peek) vote. This will be placed on the April 16, 1996, City Council agenda. 8:20 p.m. \. ) OTHER BUSINESS Mr. Carlberg updated the Commission on the actions taken by the City Council at its March 19, 1996, regular meeting. Regular Andover City Council Meeting Minutes - March 6, 1996 Page 12 ( / (Plans & Specs/IP96-6/Misc. Concrete Curb & Gutter Repair, Continued) MOTION by Jacobson, Seconded by Dehn, to move approval. (See Resolutiorl R051-96 ordering the improvement of miscellaneous concrete curb and gutter, Project No. 96-6, and directing preparation of final plans and specifications) Motion carried on a 4-Yes, 1-Absent (Kunza) vote. The Council meeting was adjourned to hold an EDA meeting, 10: 10; reconvened at 10:20 p.m. UPDATE ON METROPOLITAN COUNCIL (/ Mr. Fursman reported on the meeting of City Staff and the Mayor with Metropolitan Council representatives on the data collected on Andover's Septic Systems. Though the City had information on only 50 percent of the systems that had failed, the Met Council Staff was willing to report that the City had cooperated to the best of its ability in providing data. No conclusions have been made from the study, and it doesn't appear that the study was looking for a causal relationship between water quality and health concerns and septic system failures. Secondly, they have said that the City's request for a Major Amendment to the Comprehensive Plan is incomplete. The Transportation Study is incomplete because there is no indication the City acknowledged that it accepted the report as submitted. He will be sending a letter that recognizes that the City does support the report and found the conclusions to be valid. Mr. Fursman also noted a concern raised earlier this evening while discussing a lift station in Shadowbrook was using them to be able develop beyond the City's MUSA boundary. The City will be limited to the MUSA area unless it is given an increase in sewer capacity. When submitting the request for the Comprehensive Plan Major Amendment, the City used the actual sewer flow figures. Met Council Staff has asked that their estimated figures be used instead, which are higher than the actual figures. Mr. Carlberg understood that once those comments in the letter from the Met Council Staff are addressed, the 60-day time period will begin for approval of the request. PERSONAL COMMUNICATION DEVICE TOWER UPDATE (. ) Jeff Johnson, Planning Department, explained the need to prepare an ordinance regulating the construction of antenna and support towers for the newest generation of wireless telecommunication technology. The City has already received inquires on using the City's water towers on which to place antennas. In reviewing regulations from other communities, most require antennas and towers to be placed on public or city property and to obtain a Special Use Permit and building permit. The telecommunications company would also pay an annual fee which would be set by the City. Regular Andover City Council Meeting Minutes - March 6, 1996 Page 13 / I. I " (PCD Tower Update, Continued) Councilmember Jacobson stated more and more of the antennas and towers will be installed for personal communicators. He preferred an ordinance that would require them to be located on public property and that the City would charge rent for them. If the City must allow them, the City should benefit by receiving revenues which in turn can help keep taxes down for the residents. Councilmember Dehn was also concerned with the aesthetics if too many towers are constructed. Mr. Carlberg stated that can also be explored. Council agreed Staff should continue preparing the regulations on the placement of antennas and towers. APPROVE HIRING OF TWO TEMPORARY BUILDING ATTENDANTS/FIELD OF DREAMS Mr. Erickson explained the duties of the attendants would be to sell concessions, open and close the concession building, sweep floors and do general cleaning. He anticipated a janitorial service would be contracted to do the more detailed maintenance. Todd Haas, the City's Park Coordinator, will supervise the position and be responsible for stocking the concession stand. - ( " "'. J MOTION by Jacobson, Seconded by Dehn, that we authorize the hiring of two temporary part-time building attendants for the operation of the concession building at the City Hall Park Complex #2 for the summer, 1996, at an hourly rate of $7 per hour with no benefits; that their pay comes from the "profits" from the concession sales at the building. DISCUSSION: Mr. Erickson explained people can bring in their own food and drink, though alcohol is not allowed. The concession building will have a refrigerator to keep beverages cold and will sell chips and candy. There will be no heated foods such as hot dogs or hamburgers. It is proposed that inventory will be taken daily. The entire program will be re-evaluated for the 1997 season. Motion carried unanimously. MAYOR/COUNCIL INPUT Minutes of Closed Meetings - Councilmember Jacobson had read that by law Meeting Minutes of Executive Sessions must be safely sealed away. Attorney Hawkins was not aware of any legal procedure that the Minutes have to be sealed. The City must take reasonable steps to make sure no one has access to them, and the City is doing that. Mr. Fursman concurred they are left in the vault until the issue is resolved. APPROVAL OF CLAIMS MOTION by Dehn, Seconded by Kunza, to approve payment of Claims in the amount of $222,489.96. Motion carried unanimously. MOTION by Kunza, Seconded by Dehn, (. )~unanimOUSlY' ~~ meeti~; ,was adjourned s)ectfu11y suomit*d, I , \C\J~ \.IA (i "'''fc-UV- arc~lla A. Peach, Recording Secretary to adjourn. at 11:10 p.m. Motion carried CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: April 16, 1996 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ITEM NO. Approve Revised Preliminary PiaU q. Crown Pointe Scott Erickson, ~ ( Engineering / The City Council has been requested by Ashford Development Corp. to approve a resolution for a revised preliminary plat for the Crown Pointe development. The original preliminary plat for Crown Pointe was approved on May 16, 1995 (See Attached Meeting Minutes). A request for a revised preliminary plat was made on August 15, 1995. This requested had identified a second access across the railroad tracts to the west. This revised preliminary plat request was denied by the City Council. The original preliminary plat approval identified a second access location extending from the intersection of Sycamore StreeU143rd Avenue northerly to Andover Blvd. The developer has submitted and reviewed this location with the Coon Creek Watershed District. In order to eliminate any wetland impacts, the alignment was revised moving its intersection with 143rd Avenue to the south as identified on the attached drawings. This revised alignment has been permitted by the Coon Creek Watershed District. What is proposed is the construction of a 20 ft. wide Class 5 (Gravel) road bed with a 16 ft. wide bituminous surface. The section would be 4 inches of gravel on 2.5 inches of asphalt which corresponds to the standard road section of the City. The surface of the pavement would essentially be flush with the existing topography and no curbing installed. Portions of the route are proposed to be "floated". The Andover Review Committee reviewed this option with the following comments: 1. Access should be restricted to emergency vehicles and pedestrian/bicycle traffic if this route is approved. 2. A extended warranty should be provided for this route. The original preliminary plat resolution identified a 3 year extended warranty. 3. The entrances be gated in a fashion determined by the City. 4. This route would need to be plowed and maintained during the winter months. Representatives from the Coon Creek Watershed District have indicated that they will be present at the meeting. '~ ) \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF CROWN POINTE AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORP. LOCATED IN SECTION 26, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised preliminary plat; and WHEREAS, the City Council has approved the original preliminary plat on May 16, 1995; and WHEREAS, the developer has presented the revised preliminary plat of Crown Pointe . .I NOW, THEREFORE, BE IT RESOLVED the City Council approves the revised preliminary plat citing the following: , '--- ) 1. That the developer shall make provision for the continuation of a street as required in Ordinance 19, Section 9.02A to solve a public safety problem for this area. 2. The developer must comply with the Water Resource Management Plan. 3. Variance from Ordinance 10, Section 9.02C as Outlot B is proposed to front directly onto a County Road. 4. Variance from Ordinance 10, Section 4A(1) as the proposed street access spacing does not meet the minimum of 660 feet. 5. A letter from the Natural Gas Pipeline Co. will be required for the proposed street crossing. 6. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 7. The Park Commission is recommending cash and land as determined in Ordinance 10, Section 9.07. 8. The emergency access road alignment shall be as indicated on the Revised Preliminary Plat dated March 25, 1996. 9. All necessary easements, right -of-way permits, approaches and costs associated with the emergency access be obtained and funded by Ashford Development Corporation. 10. The emergency access road be constructed with 4 inches of Class 5 gravel and 2 1/2 inches of asphalt. " / 11. An additional 3 year warranty be provided beyond the standard one year warranty for the emergency access road. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby approve the revised preliminary plat of Crown Pointe Adopted by the City Council of the City of Andover this 16th day of April, 19~. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk , \ / Regular Andover City Council Meeting Minutes - May 16, 1995 \ Page 7 .J SUPPLEMENTAL FEASIBILITY REPORT/ISD #11/IP94-18 Mr. Fursman explained that without exception, the City has assessed all schools and churches one-half of the commercial rate for municipal utilities. That is the practice, not the written policy. The original feasibility report for the utilities to the new middle school indicates an assessment at the full commerciai rate. The question is whether the City should continue the practice. MOTION by Jacobson, Seconded by Kunza, the Council adopt the policy as being used in the past of-assessing churches and schools one-half the commercial rate, which would result in the reduction from the original feasibility of $557,426 to the rate of $434,796 for ISD #11. Motion carried unanimously. CROWN POINTE PRELIMINARY PLAT ( Mr. Erickson reviewed the comments of the Andover Review Committee on the proposed Crown pointe preliminary Plat being developed by Ashford Development Corporation, Inc. The Planning and Zoning Commission recommended approval with the condition that a secondary access be evaluated between the Staff and the developer to provide another access. ) The plat is zoned R-4 and is within the MUSA boundary. It consists of 48 single family urban residential lots and two outlots. Outlot A is wetland and a storm water ponding area. Outlot B is also wetland but may have some developable area. The plat does not meet the City's Water Comprehensive Plan because the proposed second access has not been approved by the Coon Creek Watershed. \ Mr. Erickson then reviewed the four alternates to consider as a second access, noting the pros and cons of each. Alternate D would cross Coon Creek to Crown pointe East. Alternate C would be to construct Sycamore Street to Andover Boulevard. The developer is proposing it be a gravel road; however, the Andover Review Committee recommends it meet the City's street standard for concrete curb and gutter and bituminous surfacing. Also, floating the road over the wetland has not been a City policy in the past. In addition, a variance would be needed from Ordinance 10, Section 4 because the intersections of Tamarack and Sycamore at Andover Boulevard will be less than the required 660 feet. A Special Use Permit would also be required because the road would go through the flood plain. Alternate B is a variation of Alternate C and is not a very viable option. Alternate A would provide an emergency access from the cul-de-sac at the end of 142nd Avenue west to cross the railroad tracks to the development west of the tracks, which is owned by the same developer. Staff would also propose that this emergency access be a hard surface and would probably be blocked with gates on both sides. They haven't looked at the type of gates that would be ) installed, but the Sheriff's Department and Fire Department would have / keys to them. The Park and Recreation Commission has agreed to accept a combination of land and cash for the site. The intent is for a nature area, possibly with trails in the future. No parking facilities are being considered. ( Regular Andover City Council Meeting Minutes - May 16, 1995 Page 8 / (Crown pointe Preliminary Plat, Continued) Jerry WindschitL Ashford Development - noted Outlot B has a small wetland. With some filling, there will be some buildable area. until two years ago, that area was farmed for many years. They are not ready to develop Outlot B until all the.options can be explored. He also noted the access of Tamarack onto Andover Boulevard is more than 100 feet from the railroad crossing. The railroad easement is wider than normal at that point. If Burlington Northern had thought there was a safety issue, he did not think they would have sold him some easement to move Tamarack to the west to avoid the wetland. He met with representatives of Burlington Northern this morning, and they are willing to work with the City to provide an emergency exit for the development over the tracks as proposed in Alternate A. The exit would have to be fenced and gates placed at both ends, which would be his responsibility to do. He would also give the City the necessary right of way on Lot 12, which would render it unbuildable. This area is open, so the line of site for the crossing is good. This alternate also has the advantage of not disturbing the wetlands. ( Councilmember Jacobson felt the street names are confusing because, in essence, one street is given three names. He suggested it be given one name for simplification. Secondly, he questioned the park access. He ) thought there would be people wanting to park a car to use the walking trail; and as proposed, they would have to park in the cul-de-sac. That could be disturbing for those people who live there. He suggested the Park and Recreation Commission consider that further. Mr. Windschitl - stated he would have no problem providing additional land for parking. The park land was dedicated according to the approved Park Plan. Councilmember Jacobson questioned if it is a good idea if the emergency exit over the railroad tracks does not align with the street in the other subdivision. Mr. Erickson stated that is not preferred but it wouldn't be a problem because it is a limited access. Councilmember Jacobson stated if the railroad crossing is the chosen emergency access, any parking in the cul-de-sac by those using the park could be a problem. He felt the construction of Sycamore with blacktop and concrete curb and gutter will be very costly. His first option for another access to the plat would be to cross Coon Creek into Crown pointe East as originally discussed. That also provides another outlet for the people in Crown pointe East, and avoids the railroad tracks and high pressure gas line. His last choice would be across the railroad tracks because of the safety issue. He also did not think Alternates B and C resolved the second access issue because of the comments by the Anoka County Highway Department and because it is another exit so close to the railroad tracks. Also, the intersection of Sycamore and Tamarack in the plat would be the choke point in an emergency. He felt the plat , should not be approved without a second exit. / ( Dan Winkel, Andover Fire Chief - is of the opinion that a second access is needed for the plat. Crossing the creek would be his first choice, followed by the crossing on the railroad tracks. If there is a way to Regular Andover City Council Meeting Minutes - May 16, 1995 , Page 9 J (Crown pointe Preliminary Plat, Continued) extend Sycamore farther east, that may be another alternative to consider, though he recognized the consideration needed of the wetlands. He is willing to work with the developer to get another access that would meet the Council's desires. The Council spent a considerable amount of time discussing the issue of a second access to the plat, potential safety issues that would cause an evacuation of the area, and the concerns and preferences relating to each of the alternatives. Mr. Windschitl - asked what event the City is trying to plan for. Two meetings ago the Council approved a plat with a gas line running through it that divided three lots completely, and it was not an issue. The alignment for Sycamore was what the City had proposed for the crossing of the watermain from Crown Pointe East. , ./ Winslow Holasek - had presented material to the Planning and Zoning Commission on the concern that Andover Lake does not have enough capacity to handle all of the storm water that is being directed to it. Another safety issue is there is only one 24-inch outlet from the lake, which would be a disaster if the outlet gets plugged. He felt the Council should address this and purchase easement to resolve the problem \ now before the area is completely developed. He thought Mr. Windschitl would be willing to talk with the City about developing Outlot A in this plat into another pond for storm water drainage. He is not opposed to the development of Crown Pointe, but he felt the storm sewer system needs to be addressed. ( Mr. Windschitl - stated they will handle all of their water within this plat. Any ponding would be for receiving water from another area. They do have all of the necessary permits for this with the exception of a second access. If Sycamore Street is the Council's choice, he is required to go through the entire permitting process again. He does not have Sycamore Street costed out at this point. The Council must make a decision before he can make reapplication to all of the agencies. Then he would come back to the City for the Special Use Permit. If the railroad crossing is the Council's choice, no other permits are needed. He will only need to get the easement from the railroad. He also expressed appreciation for the work the Staff has done on this plat. Councilmember Knight had no problem with Alternate C but was insistent upon an extended warranty on the floated portion of the road. Mr. Windschitl stated he did not have a problem with that request. The center section would be floated; both of the ends are shallow enough to be dug out and filled. Alternate C proposes to go through a pond located just beyond the proposed lot that was created for the plat. He thought that could be worked around. \ I J Councilmember Kunza wouldn't be opposed to the railroad crossing with automatic opening and closing on the gates. Mr. Windschitl stated these types of entrances are relatively common. For an evacuation, the area is high and open, so people would even be able to walk out of the plat Regular Andover City Council Meeting Minutes - May 16, 1995 , Page 10 , / (Crown pointe preliminary Plat, Continued) if necessary. His understanding was the issue is getting emergency vehicles into the area. Mr. Winkel did not feel there would be a problem with any type of gate, whether automatic or keyed. They would still be able to respond quickly once the gate is reached. Councilmember Dehn asked if it is possible to plat another lot in the Outlot if Alternate C is approved. Mr. Windschitl stated they will not know whether that northern end can be served with gravity sanitary sewer until after the feasibility report is done. Councilmember Dehn thought Alternate A of crossing the creek would be the best option, but she understood the excessive cost involved. She would agree with Alternate C if Sycamore would be a full intersection at 143rd Avenue. At this point, the Council generally agreed to Alternate C as the second access to Crown pointe. They also agreed that the road should be hard surfaced and would be open to the public. Because the road crosses the wetland, they also felt some concessions should be made regarding curb and gutter. To minimize the impact on the wetland, the Council suggested curb and gutter only be required on the ends where it is high and dry. Mr. Windschitl felt that can be accomplished, but he did not think the alignment would look as shown on the Alternate C ( . drawing before the Council. \ / MOTION by Dehn, Seconded by Kunza, the Resolution approving the preliminary plat of Crown pointe as being developed by Ashford Development Corporation, Inc., and condition No. 8 is to use the Sycamore Street access over to Tamarack with Drawing C as the secondary access, based upon the acceptance of the Watershed Board and other permits; and Condition No.9, to have an extended three-year warranty on the road that is being floated. Sycamore must be blacktopped with curb and gutter wherever necessary. (See Resolution R085-95) DISCUSSION: Council agreed the need for curb and gutter is to be determined by Staff. Mr. Fursman asked if the Council wishes to allow the outlots. Mr. Windschitl stated Outlot B will be subdivided at some point in time. There is some high ground on which he could get a building permit. The county will give access to Andover Boulevard for a house on the Outlot. The Council took no action on the outlot. Motion carried on a 4-Yes, 1- No (Jacobson) vote. The Council recessed at this time to hold an EDA meeting, 10:25; reconvened at 10:30 p.m. SCHEDULE CITY HALL REVIEW MEETING \. The Council agreed to hold a special meeting on Tuesday, May 30, 7:00 p.m., at the Andover City Hall to discuss the results of the information / hearings held on the proposed new City Hall. Charlie Veiman - expressed concern about letting the residents know about this special meeting. Mr. Fursman explained the idea of the work CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORIGINAL RESOLUTION RES. NO. 085-95 ( / A RESOLUTION APPROVING THE PRELIMINARY PLAT OF CROWN POINTE AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, INC. LOCATED IN SECTION 26, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such hearing, the Planning and Zoning Comission recommends approval of the plat citing the following; and the City Council concurs in the following: 1. That the developer shall make provision for the continuation of a street as required in Ordinance 10, Section 9.02A to solve a public safety problem for this area. 2. The developer must comply with the Water Resource Management Plan. 3. Variance from Ordinance 10, Section 9.02C as Outlot B is proposed to front directly on to a County Road. ( / 4. Variance from Ordinance 10, Section 4A(1) as the proposed street access spacing does not meet the minimum of 660 feet. 5. A letter from the Natural Gas Pipeline Co. will be required for the proposed street crossing. 6. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 7. The Park Commission is recommending cash and land as deter- mined in Ordinance 10, Section 9.07. 8. The Sycamore Street access to be used over to Tamarack with Drawing C as the secondary access, based upon the acceptance of the Watershed Board and other permits. 9. The road being floated will have an extended three-year warranty. Sycamore Street shall be blacktopped with curb and gutter wherever necessary. Adopted by the City Council of the City of Andover this l~th day of May, 1995. ~tf~ Victoria Volk, City Clerk CITY OF ANDOVER .. J. t ~~, rd~~-.?~ ~.E. McKelvey, Ma~r ( , , Attest: I. mD Hakanson ..' \ Anderson .1.. ... Assoc..lnc. 222 Monroe Street Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3401 I April 1 ", 1996 Mr. Scott Erickson City Engineer City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 RE: Crown Pointe Dear Mr. Erickson: Attached are seven copies of Crown Pointe preliminary plat and Crown Pointe revised grading, drainage, and erosion control plan. The plat has been revised to provide for 24' trail and road easement to serve as an emergency access. The revised plat has been reviewed and approved by the Coon Creek Watershed District. . / Please review the revised plat and submit it to the City Council for approval. If you have any question, please let me know. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. ~~~~ Peter R. Raatikka, PE jig cc: Jerry Windschitl 2054-08.58 Engineers Landscape Architects Su rveyors CITY OF ANDOVER REQUEST FOR COUNCIL ACTION . \ . j/ AGENDA SECTION Discussion Item OA TE: April 16, 1996 ORIGINATING DEPARTMENT ITEM NO. Accept Petition/Order Feasibility Report! (0. 93-17/Crown Pointe Scott Erickson, ~( Engineering The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer, watermain, street and storm sewer, Project 93-17, for the Crown Pointe development. '. '-_/ I / CITY OF ANDOVER ,I COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER PROJECT NO. 93-17 , IN THE CROWN POINTE AREA. WHEREAS, the City Council has received a petition, dated June 24. 1995, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. , / 2. Escrow amount for feasibility report is $1.000.00 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember City Council at a reqular meeting this Councilmembers the resolution, and Councilmembers and adopted by the 16th day of April ,19 96, with voting in favor of voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk I / ~-z~:~~~::~ Aal#nro arurlnpturttf illnrpnrattnu. l1nr. 3640 - 152nd Lane N.W. · Andover, MN 55304 · 612-427-9217 June ~ . ~"':J:, 1995 Sco~t E:-ic::son Ci ty Er.:.gineer Ci -':y cf .Z:.~rl:lo~..1'e:- 1 ~~ E.~ =, C1-::) s::: ~ O~.~t:1 E 1 VG 1;\-1 Andov~~1 MK 333C~ RE: Proposs~ ,~~ow~ ?:i::~~ 5~lbd~~~isicn D2cr Mr. Erickson, '- j ;~sh=:::rd De~,J"elcpn2:1t C:::.-p:,:-e.tio111 I:1C. does ber~by p'3~i-:.icn f01- imp:.-oVefi:9:1:':s b:-:- th,? C.:)1-:'8.~:'.""'lcti::_lg 0:: t..::::.te:- nain, se.r:i t21.~r S2VJer I sto:-m sewer a:!:: s-:re~~s ~1':" t~1 C:):lCl.-2_te C~::.~ and sut-:.er \\ii th the costs of the i~1prov22E:r::: ~o be assessE<: s.g2inst the. benefitirJ.g prClperty which is descr~bed as: erOi\:1 Po:.nte We request that a feasibility report be pre:tJared as soon as po.;sible. y1e hc:.ve ei1closecl .... cl1ec!~ for the ~.11 000.00 for the ::easibi:'i t;l ~-epc:-t e::penG:=s. (THE $1,000.00) WILL BE CREDITED TOWARD 15% :;:MPROVEHENT ESCROW). ,Sincerely, . <}yw~ Jerry Windschitl, President Ashford Development Corporation, Inc. ,.' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) OA TE: April 16, 1996 AGENDA SECTION Reports of Staff, Committees, Commissions ORIGINATING DEPARTMENT -?* 1'Scott Erickson, . Engineering ITEM NO. U. Discuss Overlay Program/96-5 The City Council is requested to direct staff to initiate a street overlay program for the City. The program would be a 50-50 match of city funds and assessments. Staff would meet with and discuss the program with the residents along the various streets eligible for this program. If the residents were in support of the program the project would require a petition to be provided by the neighborhood. This would be a trial to determine if the residents will support such a program. The Road Committee reviewed this item on March 19, 1996. The committee supported the trial of this program but also requested other funding sources be identified in addition to the City In-House MSA street fund. At this time the only other funding source identified would be the PIR fund. The Council would need to identify to what extent this fund could be utilized for / this program. , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / OATE: April 16. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Approve Revised Final PiaU 8, Nightingale Ridge Todd J. Haas, ~ Engineering ~l The City Council is requested to approve the revised final plat for Nightingale Ridge as requested by North Suburban Development, Inc. in Section 15, Township 32, Range 24. Comments: The revised final plat is in compliance with the preliminary plat. It is recommended that the plat be approved subject to the following: 1. City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer provide a performance bond or a one-year warranty escrow as determined . / for the street and storm sewer improvement as determined by the City Engineer from the time construction is complete and accepted by the City. 4. The developer escrow for the uncompleted grading, survey monumentation, street and utility improvements, etc. of the site which is to be determined by the City Engineer and shall enter into a development contract with the City. If the site is complete, a letter from the developer's engineer is required that all lots and streets are graded according to the grading plan submitted and approved by the City. 5. Street light cost to be paid to Anoka Electric Cooperative. Costs shall be determined by Anoka Electric Cooperative. 6. Park dedication as determined by the Park and Recreation Commission. 7. Receipt of all drainage and utility easements outside the plat. 8. All other items identified in the resolution. Note: The variances in the resolution were approved as part of the preliminary plat on Nightingale Ridge. Note: The final plat has been revised because the developer and Cecil Heidelberger now have an agreement on the outlot. This outlot will need to be combined with Cecil's property prior to the Mayor and Clerk signing the plat. The parcel is noted as the "exception" on Linnet Street NW. Per the preliminary plat resolution, this is an acceptable way to eliminate a landlocked parcel. . J \ j' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE REVISED FINAL PLAT OF NIGHTINGALE RIDGE AS BEING DEVELOPED BY NORTH SUBURBAN DEVELOPMENT, INC. IN SECTION 15, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Council approved the preliminary plat of Niqhtinqale Ridqe ; and WHEREAS, the developer has presented the revised final plat of Niohtinaale Ridqe. WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised final plat of Niqhtinqale Ridqe contingent upon receipt of the following: . / 1. City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer provide a performance bond or a one-year warranty escrow as determined for the street and storm sewer improvement as determined by the City Engineer from the time construction is complete and accepted by the City. 4. The developer escrow for the uncompleted grading, survey monumentation, street and utility improvements, etc. of the site which is to be determined by the City Engineer and shall enter into a development contract with the City. If the site is complete, a letter from the developer's engineer is required that all lots and streets are graded according to the grading plan submitted and approved by the City. 5. Street light cost to be paid to Anoka Electric Cooperative. 6. Park dedication is to be cash in lieu of land as required in Ordinance 10, Section 9.,07. 7. Receipt of all (if necessary) drainage and utility easements outside the plat. BE IT FURTHER RESOLVED citing the following: j 1. A variance be granted for Ordinance 8, Section 6.02 and Ordinance 10, ) Section 9.06 A3 as the lots do not meet the minimum requirement of 300 feet at the front setback line for the following: Block 2, Lots 1 & 2; Block 3, Lot 1. 2. Obtain the deed for drainage and utility easement from the Family of Christ Lutheran Church which will need to be reviewed, approved and accepted by the City Council prior to the recording of the final plat at the County of Anoka. 3. The easement for the driveway across the plat be vacated and documentation be provided prior to recording of the final plat at the County of Anoka. 4. Require Outlot A be combined with the JulsrudllHeidelberger property prior to the final plat being recorded. 5. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 6. The developer is responsible to obtain all permits from the Watershed Management Organization, DNR, Corps of Engineer, LGU, MPCA and any other agency that is interest in the site. Adopted by the City of the City of Andover this 16th day of April ,19 96. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor / Victoria Volk - City Clerk / e. _. 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Ha.as, ~ Englneenng rj)'D l3, The City Council is requested to approve the resolution approving the revised preliminary plat of Meadowlark Heights (previously Devonshire Estates) as being developed by Scott Lennes, Inc. The property has been purchased by Scott Lennes, Inc. from Dave Harris since the City Council approved the preliminary plat back on December 5, 1995. Mr. Lennes has requested the preliminary plat be revised. The revisions that have been made ,J include the relocation of Pond #3 from Lot 5, Block 2 to Lot 3, Block 3 along with the relocation of a mitigation area from Lot 1, Block 2 to Lot 6, Block 2. The developer has also requested additional variances which were not approved under the previous preliminary plat of Devonshire Estates. Ordinance 10, Section 9.06 A3 for lots that do not meet the minimum 39,000 square foot requirement. 29,000 square feet or more of each of these lots meets ordinance requirements with the remaining square footage of each lot were left alone to meet the requirements of Chapter 7080 which is the State Code governing septic systems. See letter dated April 8, 1996 from Pioneer Engineering. TKDA and City staff have reviewed the revisions and recommend approval subject to the conditions listed in the resolution. , , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF MEADOWLARK HEIGHTS AS BEING DEVELOPED BY SCOTT LENNES. INC. LOCATED IN SECTION 24, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the Andover Review Committee has reviewed the revised preliminary plat; and / NOW, THEREFORE, BE IT RESOLVED the City Council approves the revised preliminary plat citing the following: 1. A variance be granted for Ordinance 8, Section 6.02 and Ordinance 10, Section 9.06 A3 as the lot does not meet the minimum requirement of 300 feet at the front setback line for the following: Block 3, Lot 6. 2. A variance from Ordinance 10, Section 9.06 F as Block 3, Lot 6 is proposed to double frontage (University Avenue Nw is a designated Municipal State Aid Street). 3. Variance to Ordinance 10, Section 9.06 A3 for Lot 1, Block 1; Lots 1, 2 & 3, Block 2; Lots 1, 2 & 4, Block 3 that do not meet the minimum 39,000 square foot requirement subject to a report from the developer regarding on-site sewage treatment as required by the Building Department for any or all lots. 4. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 5. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 6. Park dedication as recommended by the Park and Recreation Commission. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby approve the revised preliminary plat of Meadowlark Heiqhts Adopted by the City Council of the City of Andover this 16th day of April 19~. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor " , Victoria Volk - City Clerk ...**~ * PIONEER ~ engineering - *.o\'*~ April 8, 1996 Civil Engineers . Land Planners . Land Surveyors . Landscape Architects Mr. Todd Haas City of Andover 1685 NoW. Crosstown Blvd. Andover, MN 55304 RE: Meadowlark Heights 16008 Dear Todd: On behalf of Scott Lennes, Inc. I am requesting the following two variances for the final plat of Meadowlark Heights. 1. A variance is required for the following lots which have less than 39,000 S.F. of buildable area. The reason we need this variance is because the City revised the septic requirements after the preliminary plat was approved. The requirements state that each lot must have a minimum of 2 - 5000 S.F. undisturbed areas for drain fields. ) Lot Buildable area (S.F) 1. Lot 1, Block 1 35,000 2. Lot 1, Block 2 30,000 3. Lot 2, Block 2 31,000 4. Lot 3, Block 2 31,000 5. Lot 1, Block 3 35,570 6. Lot 2, Block 3 36,900 7. Lot 4, Block 3 31,000 2. A variance is needed to allow us to submit a special use permit for an entrance monument with the final plat. This variance is needed because we did not submit the special use permit with the preliminary plat. If you have any questions or require additional information, please call. Sincerely, PIONEER ENGINEER, P.A. ,,') ! ""'"- ;//, -) /") .~-"1 : l.- ,.,'! .. _0'\ ~.._."l .' Leon P. Opatz, P.E. LPOlkkd / 2422 Enterprise Drive. Mendota Heights. Minnesota 55120 . (612) 681-1914 . Fax 681-9488 625 Highway 10 N.E. . Blaine. Minnesota 55434. (612) 783-1880 . Fax 783-1883 U:\UWG\1tiOUl) \.bOU;: lue Apr ~ lb:;:t!: t!;: l~~b ~AIj 0 ). -. 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S=::'E - - UNlVERSITY- - -~~NUE - I~ IEXTENSION- - SOO'3T38"t .' '1 11i.l I gin 'iUH I i I ! B : I i II I I : i rm . . iii~d. I. ~ I I" ! I /II. II 1- il~f:'J! I II rm 1@)!!!:lii 8 ~ ~~:z I --- - ill I -~ I I I: . III I ~ ~, I '. .. ::' I I 8 ~B~! t I I I I: I ,i ft Ii! 1111: ! WIH II !! W 11111 n ",.....:z. I j ~ Ii ~ ~ ~ i i ~~~ ~ & i h ~ i ~ ~ i <t .. q; I I 'H' ii~!: i II II h ~ ~~ ~ ; '" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ / DATE: April 16. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd J. Haas, /' Engineering ~C ITEM NO. Approve Final PlaUMeadowlark Heights \4. The City Council is requested to approve the resolution approving the final plat of Meadowlark Heights as being developed by Scott Lennes, Inc. in Section 24, Township 32, Range 24. Comments: The final plat is in compliance with the revised preliminary plat. It is recommended that the plat be approved subject to the following: " , ) 1. City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer provide a performance bond or a one-year warranty escrow as determined for the street and storm sewer improvement as determined by the City Engineer from the time construction is complete. 4. The developer escrow for the uncompleted grading and street construction of the site which is to be determined by the City Engineer and shall enter into a development contract with the City. If the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs shall be determined by Anoka Electric Cooperative. 6. Park dedication as determined by the Park and Recreation Commission. 7. Receipt of all (if necessary) drainage and utility easements outside the plat. Note: The variances in the resolution were approved as part of the revised preliminary plat of Meadowlark Heights. " ) . '\ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF MEADOWLARK HEIGHTS ,AS BEING DEVELOPED BY SCOTT LENNES, INC. IN SECTION 24-32-24, ANOKA COUNTY WHEREAS, the City Council approved the preliminary plat of Meadowlark Heiqhts WHEREAS, the Developer has presented the final plat of Meadowlark Heiqhts. WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Meadowlark Heiqhts contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. / 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer after construction of improvements are complete.. 4. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer and shall enter into a development contract with the City. If the site is complete, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs shall be determined by Anoka Electric Cooperative. 6. Park dedication of cash in lieu of land as allowed in Ordinance 10, Section 9.07. BE IT FURTHER RESOLVED citing the following: 1. A variance be granted for Ordinance 8, Section 6.02 and Ordinance 10, Section 9.06 A3 as the lot does not meet the minimum requirement of 300 feet at the front setback line for the following: Block 3, Lot 6. 2. A variance from Ordinance 10, Section 9.06 F as Block 3, Lot 6 is proposed to double frontage (University Avenue NW is a designated Municipal State Aid Street). 3. Variance to Ordinance 10, Section 9.06 A3 for Lot 1, Block 1; Lots 1, 2 & 3, '\ Block 2; Lots 1, 2 & 4, Block 3 that do not meet the minimum 39,000 square / foot requirement: 4. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 5. The developer is responsible to obtain all permits from the Watershed Management Organization, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. Adopted by the City Council of the City of Andover this 16th day of April, 19 96. CITY OF ANDOVER ATTEST: J.E. 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"0 · · <- --' 000 '-r- f- . ~> ., .'"~J ' , W o~, un, . ~ <, . ~ w, ' '/ , .. oz r~..o ~r ~ 'tZ UOl108S jO ~h 3N o.n jD "Uill'O"'-- --- - . . 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \, DATE: April 16. 1996 / AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Approve Final Plat/Rolling Meadows Estates 15, Todd J. Haas,/ Engineering d (. The City Council is requested to approve the resolution approving the final plat of Rolling Meadows Estates as being developed by TSM Development, Inc. in Section 12, Township 32, Range 24, Anoka County. Comments: The final plat is in compliance with the revised preliminary plat. It is recommended that the plat be approved subject to the following: , J 1. The City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation cost to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading and street construction of the site which is to be determined by the City Engineer and shall enter into a development contract with the City. If the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The developer provide a performance bond or a one-year warranty escrow as determined for the street and storm sewer improvement as determined by the City Engineer from the time construction is complete. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Park dedication as determined by the Park and Recreation Commission. 7. Receipt of all necessary (if necessary) drainage and utility easements outside the plat. Note: The variances in the resolution were approved as part of the preliminary plat of Rolling Meadows Estates. , ) -' CiTT' OF At'-lDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Counciimember to adopt the following: . J A RESOLUTION APPROVING THE FINAL PLAT OF ROLLING MEADOWS ESTATES ,AS BEING DEVELOPED BY TSM DEVELOPMENT, INC., IN SECTION 12-32-24. WHEREAS, the City Council approved the preliminary plat of Roilinq Meadows Estates WHEREAS, the Developer has presented the final plat of Rollinq Meadows Estates. WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Rollinq Meadows Estates contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer after construction of improvements are complete.. 4. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer and shall enter into a development contract with the City. If the site is complete, a letter from the developer's engineer that lots and street are graded according to the grading plan submitted and approved by the City. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs shall be determined by Anoka Electric Cooperative. 6. Park dedication of cash in lieu of land as allowed in Ordinance 10, Section 9.07. 7. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 8. The developer is responsible to obtain all permits from the Watershed Management Organization, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. BE IT FURTHER RESOLVED citing the following: 1. A variance from Ordinance 10, Section 9.05 for 171 st Avenue NW between Yakima Street NW and Roanoke Street NW which exceeds the maximum ) length of 1320 feet. 2. Variance from Ordinance 10, Section 9.06 I as Outlot A and Outlot B is below minimum lot area and is considered an unusable parcel. It is recommended iM developer try to make every effort to sell to adjacent properties prior to final plat approval. 3. Variance from Ordinance 10, section 9.06 A3 as Lot 2,3 and 4 of Block 1 do J not meet the 39,000 square foot requirement. 29,000 square feet of each lot meets ordinance requirements with the remaining 10,000 square feet of each lot that do not, but with 5,000 square feet left unfilled for future septic system location. 4. That the cul-de-sacs from Yakima Street NW be constructed and extended to the southerly and northerly most property lines of the preliminary plat. 5. Meeting the requirements of the Water Resource Management Plan and approval by the City Engineer. Adopted by the City Council of the City of Andover this 16th day of April, 19~. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk .I J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 16. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott ~riCk~on,l\( Englneenng <JJ ITEM NO. Approve Change Order #4/94-18/Section 22 Trunk Sewer & Water llo. The City Council is requested to approve the resolution approving Change Order #4 to Project 94-18, Section 22 in the amount of $13,202.66 This change order provides for extra work including replacing an existing underground irrigation system and reconstructing a portion of a lime stone jogging track at the elementary school, both of which needed to be removed and replaced to facilitate construction. Replacement quantities were not included in the original contract. , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #..A. TO PROJECT NO. 94-18, SECTION 22. WHEREAS, the City of Andover has a contract for Project No. 94-18 with Rvan Contractinq of Shakopee. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-18. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 16th day of April, 19 96, J with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk " . " CHANGE ORDER / TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, MN January 22. 1~ Corom. No. 10725 Change Order No. 4 To Ryan Contracting. Inc. for Section 22 Trunk Sewer and Watermain 194-18) for City of Andover. Minnesota You are hereby directed to make the following change to your contract dated April 18. , 19~. The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (/ / / / / / / /) (/ / / / / / / / / /) the contract sum by Thirteen Thousand Two Hundred Two and - - - - - - - - - 66/100 Dollars ($ 13.202 66 ) . This change order provides for the following extra work: 1. Replace existing sprinkler system located at the elementary school athletic field. A portion of the existing sprinkler system required removal and replacement due to the installation of the Trunk Sanitary \ Sewer. The following covers all material and labor costs: / Replacement Existing Sprinkler System Less Contractor's Share Subtotal $10,085.50 -2.521.38 $7,564.12 2. Replace jogging track located at the elementary school due to Trunk Sanitary Sewer installation. The following labor and material costs were performed to prepare subgrade and place agricultural lime rock jogging track: John Deere 650 Dozer Bobcat Skid Loader Operators Agricultural LLme 15% Material Mark-up 2.00 HRS 7.00 HRS 9.00 HRS 218.33 TNS 1. 00 LS $50.00 35.00 44.00 13.14 430.33 $100.00 245.00 396.00 2,868.86 430.33 Replacement of Jogging Track Less Contractor's Share $4,040.19 -1. 010.05 Subtotal $3,030.14 '. J Change Order 14 commission No. 10725 Page 12 ) 3. The following is extra work completed to lower a manhole casting three feet due to a grade change. The work includes removing the topJII cone section and the three foot manhole section, and then installing the cone section. Mobilization John Deere Backhoe Operator Laborer 1. 00 LS 2.50 HRS 2.50 HRS 2.50 HRS 100.00 47.00 42.00 40.00 $100.00 117.50 105.00 80.00 Subtotal $402.50 4. Remove existing sod and prepare for new sod in Boulevard at 1719 Andover Boulevard NW as directed by City of Andover staff (sod installation included in contract quantity). Bobcat 4.00 HRS 55.00 $220.00 Sod Cutter 4.00 HRS 50.00 200.00 Laborers 12.00 HRS 25.50 306.00 Dump Truck 2.00 HRS 50.00 100.00 Overhead and Profit (15%) 1.00 LS 50.00 123.90 Subtotal $949.90 5. The addition of curb and gutter to the project required the following extra work for excavating parking lots and roadway so that the top. of the curb would match the ground elevation behind the curb. Extra work was also required to backfill curbs and prepare for topsoil, J Cat 966 Front End Loader Bobcat Skid Loader Operators 5.00 HRS 9.00 HRS 14.00 Hrs 65.00 35.00 44.00 $325.00 315.00 616.00 Subtotal $1,256.00 GRAND TOTAL - CHANGE ORDER NO. 4 $13,202.66 Amount of Original Contract Additions approved to date (Nos. Deductions approved to date (Nos. Contract amount to date Amount of this Change Order (Add) Revised Contract Amount $ 1. 2. 3 ) $ ) $ $ (111111) <11111111111> $ $ 584.297.40 + 36.005.77 0.00 620.303.17 +13.202.66 633.505.83 Date TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ~M.c~ .tJ Richard M. Odland, P.E. By Approved CITY OF ANDOVER. MN Owner By , / ::pro~fi~r{1X( INC. contrfr#r iJ '6 Date White - Owner* pink - Contractor* Blue - TKDA TKDA TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED , J ENGINEERS. ARCHITECTS. PLANNERS '500 PlPERJAFFRAY PlAZA 444 CEDAR STREET SAINT PAUl. MINNESOTA5510'-2140 PHONE:612/2g2-<4400 FAX:612/2g2-OO83 March 26, 1996 Mr. Scott Erickson City Engineer 1685 Crosstown Boulevard NW Andover, Minnesota 55304 nECEJ'fED Re: Final Payment Section 22 Trunk Sewer and Water City Project 94-18 Andover, Minnesota Commission No. 10725 MAR 27 1996 CITy UF ANUOVER Dear Mr. Erickson: The above referenced project, including punch list items has been completed. The fmal contract amount is $669,251.43. The original contract amount was $584,297.40. The construction cost estimate in the Feasibility Report dated June 30, 1994 was $435,040.00. \, J Enclosed please fmd three (3) copies of the following for your review and City Council approval: 1. Change Order No.4 2. Change Order No.5 (Compensating) 3. Certificate No.6 (Final) 4. Project close-out documentation a. Bonding Company Consent Letter b. Withholding Mfidavit for Contractors (Form IC-134) c. Lien Waivers from suppliers and subcontractors These have been signed by the contractor and are being sent to you for your signature and payment. After payment is made, please forward the pink: copy to the contractor, send the blue copy to TKDA and retain the white copy for City fIles. The compensating change order in the amount of $ + $35,745.60 was caused by adding work to the project after the project had been awarded to the contractor. All of the following additional work was directed by the Andover City staff. The additional work is as follows: 1. 2. 3. 4. " 5. , / 6. Pave parking lots along Tower Drive. Build entrance and exit driveways to the recycling center. Sod rather than seed disturbed areas because parking lots and curb were added to the project. Install six-inch watermain pipe to dumping station. Add fIre hydrants. Sod boulevard at 1719 Andover Boulevard NW. An Equal Opportunity Employ.rlConfractor Mr. Scott Erickson March 26,1996 Page 2 , I The above extra work caused the following bid items to go over the original planned quantities: 1. 6" DIP Oass 50 Watermain 2. 6" MJ Hub Hydrant 3. MJ DIP Fittings 4. Aggregate Base Class 5 5. Bituminous Base Course Mix 2331 Type 31 6. Sodding I recommend approval of Certificate No.6 (Final) in the amount of $53,060.84. If you have any questions, please call. Sincerely, p.aLJ~6)~ Richard M. Odland, P .E. , / RMO/mha Enclosures . " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , /' DATE: April 16, 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott EricksonJ~ Engineering ITEM NO. Approve Change Order #5 (Compensating)/ ,/.94-18/Section 22 Trunk Sewer & Water ;' I The City Council is requested to approve the resolution approving Change Order #5 .. (Compensating) to Project 94-18, Section 22, in the amount of $35,745.60. The compensating change order includes items previously discussed and ordered by the City Council. These items include: \ ) 1. Paving and installing concrete curb & gutter in the park parking lots and along Tower Drive. 2. Construction of a septic dump station which will be reimbursed from partial Met Council funding and dumping fees. 3. Adjustments to the recycling center fencing and entrances. The compensating change order also adjusts the final contract amount to reflect the actual quantities of materials used on the project. This is the final quantity adjustment to close out this contract. \ , ) / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #2- TO PROJECT NO. 94-18, SECTION 22. WHEREAS, the City of Andover has a contract for Project No. 94-18 with Rvan Contractinq of Shakopee. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-18. MOTION seconded by Council member and adopted by the City Council at a reqular meeting this 16th day of April, 19 96, , / with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk " J CHANGE ORDER / TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-P1anners Saint Paul, MN January 22. l~ Corom. No. 10725 Compensating Change Order No. 5 To Ryan Contractinq. Inc for S~ction 22 Trunk S~wer and Wat~rmain /94-181 for City of Andover. Minnesota You are hereby directed to make the following change to your contract dated Aoril 18. , 19~. The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (11111111) (1111111111) the contract sum by Thirtv Five Thousand Seven Hundred Forty-five and - - - 60/100 Do11ars ($ 35.745 60 ). COMPENSATING CHANGE ORDER This Change Order show the actual quantities installed at the unit price bid amounts (see attached itemization) : , / Adjust final contract by $94.00 (deduct) for typographical error made on Change Order No.3. The correct amount for Change Order No. 3 is $1,124.00. The incorrect approved amount was $1,218.00. The difference, $1,218.00 - $1,124.00 = $94.00, is the amount to be deducted from the contract. 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"lI'''lI'NN..-t "''''... r- ... ... ... .. <C ~ o:l !:l!:l!:lCl~ !:l!:lCl :.. ... 00000 000 00000 000 0 . . .. .. . 0 ....NN.... It'l"'... '" ... ... s: [2l .. U I>: I:J 0 :il ... ... <-l ~ 0 .. ... ~ I>: I>: <-l I>: <-l .... ... .. <-l Ii! ... It'l .. ~ O~ ... 0 0 Cl :i!.. .. <-l '" ... 0 I>: ... Cl 0 ... ;';! 0.. a 01>: ~ i5~ "'l;! 0 ... ::! ..3 :.. u ClO ~~ I<:~ 0 :.. I>: g U 00 <-l l>: I>:H Ii! ... '" .. u ... ...1<: .. ...... ":20; 0 10"':2 0 0< fjo .. I>: '" ~8::!" ~ 10"0 .. i5 >< ~~a '" ~~ ~8~h H a ~ .. ... 5l~ \ j:QtI] co 0 u U J ::!fil ~ ~ ~ .-INM"'sn ..."'''' 0 0 .. It'l .. .. ) TKDA ENGINEERS. ARCHITECTS. PLANNERS TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED 1500 P1PERJAFFRAY PLAZA 444 CeDAR STReET SAINT PAUL. MINNESOTA55101-2140 PHONe:ll1212V2..c.400 FAX:ll1212V2.ooB3 March 26,1996 Mr. Scott Erickson City Engineer 1685 Crosstown Boulevard NW Andover, Minnesota 55304 RECEIVED Re: Final Payment Section 22 Trunk: Sewer and Water City Project 94-18 Andover, Minnesota Commission No. 10725 MAR 27 1996 CITy U~ ANUOVER Dear Mr. Erickson: The above referenced project, including punch list items has been completed. The fmal contract amount is $669,251.43. The original contract amount was $584,297.40. The construction cost estimate in the Feasibility Report dated June 30, 1994 was $435,040.00. ) Enclosed please fmd three (3) copies of the following for your review and City Council approval: 1. Change Order No.4 2. Change Order No.5 (Compensating) 3. Certificate No.6 (Final) 4. Project close-out documentation a. Bonding Company Consent Letter b. Withholding Affidavit for Contractors (Form IC-134) c. Lien Waivers from suppliers and subcontractors 111ese have been signed by the contractor and are being sent to you for your signature and payment. After payment is made, please forward the pink copy to the contractor, send the blue copy to TKDA and retain the white copy for City ftles. The compensating change order in the amount of $ + $35,745.60 was caused by adding work to the project after the project had been awarded to the contractor. All of the following additional work was directed by the Andover City staff. The additional work is as follows: 1. 2. 3. Pave parking lots along Tower Drive. Build entrance and exit driveways to the recycling center. Sod rather than seed disturbed areas because parking lots and curb were added to the project. Install six-inch watermain pipe to dumping station. Add fue hydrants. Sod boulevard at 1719 Andover Boulevard NW. \. ) 4. 5. 6. An Equal OpportunIty Employer/Contraetor Mr. Scott Erickson March 26, 1996 Page 2 / The above extra work caused the following bid items to go over the original planned quantities: 1. 6" DIP Oass 50 Watermain 2. 6" MJ Hub Hydrant 3. MJ DIP Fittings 4. Aggregate Base Class 5 5. Bituminous Base Course Mix 2331 Type 31 6. Sodding I recommend approval of Certificate No.6 (Final) in the amount of $53,060.84. If you have any questions, please call. Sincerely, p~-??1tf)~ Richard M. Odland, P .E. / RMO{mha Enclosures ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ , J DATE: April 16, 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott ~rick~on'dt Engineering ITEM NO. Approve Final PaymenU94-18/Section 22 Trunk Sewer & Water ,g. The City Council is requested to approve the resolution accepting work and directing final payment to Ryan Contracting for Project 94-18, Section 22, for the improvement of trunk sanitary sewer and watermain. " / ) , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO RYAN CONTRACTING FOR PROJECT NO. 94-18, FOR THE IMPROVEMENT OF TRUNK SANITARY SEWER AND WATERMAIN CONSTRUCTION IN THE FOLLOWING AREA: SECTION 22 WHEREAS, pursuant to a written contract signed with the City of Andover on April 18 . 19 95, Ryan Contractinq of Shakopee. 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 /1 directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 16th day of April , 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 J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ , I DATE: April 16, 1996 AGENDA SECTION Non-Discussion/Consent Item ITEM NO. Approve Quotes/96-11/Fencing lQ. ORIGINATING DEPARTMENT Todd J. HaaS,;(/ Engineering ~~ The City Council is requested to approve the quotes for fencing of Hawkridge, Pine Hills, Timber Trails parks, Project 96-11. The quotes received were as follows: 1. Fenc-Co, Inc. 2. Mid Metro Construction 3. Arrow Fence Co. 4. Town & Country Fencing $11,125.40 $11,436.60 $13,809.50 $16,221.30 \ ) The Park and Recreation Commission is recommending approval. The fencing would be paid from park dedication funds. '\ . J ,Q; 'Q) )s:::. 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N N cD ...... ~ o 10 cri o co M ...... ~ ...... ...... , <0 0> o Z I- U w ..., o 0::: 0.. 0::: o u.. -I ~ ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , J DATE: April 16, 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson, rJ [ Engineering ITEM NO. Approve Purchase of Engineering !).~eSign Software The City Council is requested to approve the purchase of Civil Engineering design software (RoadCalc) from Eagle Point in the amount of $3,727.50. The design software provides the ability for computerized design and drafting of engineering projects. The funding for the software is recommended to be 50% from the mapping fund and 50% from the in house state aid street fund. ) , / , , / MEMORANDUM DATE: TO: FROM: RE: CC: March 15, 1996 Scott Erickson Jeff Adolphson Civil Engineering Design software File Price Quotes for Civil Engineering Design Software are as Follows: Item Vendor SoftDesk R. 7 Digital Resource Civil/Survey Package 9555 James Ave. So. Suite 228 Bloomington, MN 55431 J ROADCALC, AutoCad Eagle Point Site Planning/Roadway 4131 Westmark Drive Design Series Dubuque, Iowa 52002 Amount * $ 4,254.68 $ 3,727.50 Remarks: RoadCalc is a computer software package with roadway design, earthwork computation and drafting capabilities. It is an interactive tool that can provide speed, accuracy and economy in roadway design. Combined with the toll-free technical support and the large local and state wide user group, RoadCalc is the recommended choice for the City. * Includes State Sales Tax. ) CITY OF ANDOVER REQUEST FOR COUNCil ACTION , , ) DATE: April 16, 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd J. Haas,/ Engineering ITEM NO. Approve Quotes/93-7/Soccer Goal al. The City Council is requested to approve the quotes for the purchase of soccer goals, Project 93-7, City Hall Park Complex #2. Quotes received are as follows: 1. MNlWisc. Playground, Inc. 2. Earl F. Anderson Prices will be available at the meeting. \ . 2 soccer goals (full size) are for the Field of Dreams (City Hall Park Complex #2) . 1 soccer goal (U-10 size) is for the Field of Dreams (City Hall Park Complex #2) Available in steel only. . 1 soccer goal (full size) are for Fox Meadows Park. The goals were stolen last year. · 1 soccer goal (U-10 size) are for Forest Meadows Park. The goals were stolen last year. Available at the meeting. ) $6,000 was budgeted from 1996 Parks Capital Improvement. There will be adequate funds to pay for the soccer goals. The 2 soccer goals that were stolen will be paid for by a combination of Park Capital Improvement budget and Park Dedication funds. We will be approaching the City's insurance company to reimburse the City for the stolen goals and those funds would be placed back into the 1996 Parks Capital Improvement budget and Park dedication fund. , ) AGENDA 1'0 ITEM 1'0 oa. ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 16, 1996 DATE SEcnON ORIGINATING DEPARTMENT Non-Discussion: Approve Request for Quotes/ Weed Abatement Services Phuming if Jeff Johnson Council is asked to review and approve the following request for proposal for the following mowing services: 1) Weed/Grass Violations 2) City Owned Parcels (as described in proposal) MOTION BY: SECOND BY: APPROVED FOR AGENDA ~ .' REQUEST FOR QUOTATION Weed Abatement Services (To be returned no later than 10:00 a.m. on May 10, 1996) TO WHOM IT MAY CONCERN: The City of Andover will accept quotations at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN until 1 0:00 a.m. on April 30, 1996 for the following: Bid No.1: The mowing of grasses and weeds in excess of 12 inches on parcels of land that the property owner has not maintained. Bidder must be able to mow on both developed and undeveloped land. The following conditions apply: 1) Grass shall be dry before cutting. 2) Any debris that has to be moved for mowing shall be placed in a pile on the parcel. 3) Work shall not commence before 7:00 a.m. 4) Turf is to be kept at a 2-3 inch height. 5) Weed whipping or trimming around all structures. , Bid No.2: The mowing of grasses and weeds on the following parcels of land owned by the City: / 1) Fire Station No.1 - 1785 Crosstown Boulevard NW, Andover, MN 2) Fire Station No.2 - 16541 Valley Drive NW, Andover, MN 3) Staples Cemetery - 16094 7th Avenue NW, Andover, MN 4) Pumphouse No.1 - 3489 138th Court NW, Andover, MN 5) Pumphouse No.3 - 13737 Vale Street NW, Andover, MN 6) Cedar Crest Park - Cedar Crest Estates Second Addition - Block 2 7) Crosstown Drive Sidewalk -PIN #33-32-24-14-38 (sidewalk area - thirty (30) feet from edge of curb). The following conditions apply: J a) Grass shall be dry before cutting. b) Any debris that has to be moved for mowing shall be removed from the site. c) Excess grass clippings shall be removed from site. d) Work shall not commence before 7:00 a.m. e) Turf is to be kept at a 2-3 inch height. f) Mowing to be completed on a bi-weekly basis, with exception of Fire Station No.1 and Fire Station No.2 which shall be completed on a weekly basis. / g) Weed whipping or trimming to be completed around all structures with each mow. Licenses and Insurance: The contractor shall be responsible for all licenses required by the City. Contractor shall provide a Certificate ofInsurance listing the City as an additional insured and showing coverage of Liability and Worker's Compensation. Performance Bond: Before commencing work, the Contractor must file a Two Hundred Dollar ($200.00) Performance Bond with the City Clerk, 1685 Crosstown Boulevard NW, Andover, MN 55304. Terms of Contract: 1996 Season June 1, 1996 through October 31, 1996. The City may cancel all or any part of this contract upon thirty (30) days written notice. General Requirements: The Contractor must incorporate the City of Andover numbering system for weed complaints on its invoice, as well as legal descriptions. The Contractor must clearly indicate on the invoice the date that the contracted service took place. The Contractor shall list the make, model, and mowing width of equipment used for mowmg. All work must be completed within ten (10) days of notification, unless an extension is approved by the City. Any work not completed within ten (10) days shall be awarded to the second lowest bidder and that bidder shall become the contract holder for the remainder of the season. Quotation shall be directed to the City Clerk, 1685 Crosstown Boulevard NW, Andover, MN 55304. All quotations must be submitted on the attached form. Quotation must be securely sealed, with a summary on the outside wrapper as to the work for which the quotation is submitted. The enclosed envelope may be used for this purpose. The City reserves the right to reject any and all quotations and to hold them for thirty (30) days. " Victoria V olk City Clerk \ I / PROPOSAL (BID NO.1) WEED ABATEMENT SERVICES May 15, 1996 Name of Company Address Telephone Contact Person Authorized Signature Hourly Rate for Mowing/Weed Whipping $ Per Hour , / / , j PROPOSAL (BID NO.2) WEED ABATEMENT SERVICES May 15, 1996 Name of Company Address Telephone Contact Person Authorized Signature Total Cost of Mowing and Weed Whipping All Seven (7) Properties Owned by City of Andover (Beginning June 1, 1996 through October 31, 1996) $ I \ ) CONTRACT FOR WEED ABATEMENT Agreement made this , 1996, by and between , a Minnesota Corporation, hereinafter called Contractor, and the City of Andover, a Minnesota Municipal Corporation, hereinafter called City. In consideration of the agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. Before commencing work, the Contractor must file a Two Hundred Dollar ($200) Performance Bond with the City Clerk, 1685 Crosstown Boulevard, Andover, MN 55304. 2. Mowing of growing grasses and the trimming of grasses around structures on the following parcels of land owned by the City of Andover: 1) Fire Station No. 1 - 1785 Crosstown Boulevard NW, Andover, MN 2) Fire Station No.2 - 16541 Valley Drive NW, Andover, MN 3) Staples Cemetery - 16094 7th Avenue NW, Andover, MN 4) Pumphouse No.1 - 3489 138th Court NW, Andover, MN 5) Pumphouse No.3 - 13737 Vale Street NW, Andover, MN 6) Cedar Crest Park - Cedar Crest Estates Second Addition - Block 2 7) Crosstown Drive Sidewalk- PIN #33-32-24-14-38 (sidewalk area - thirty (30) feet from edge of the curb). 3. The following conditions apply: a) Grass shall be dry before cutting. b) Any debris that has to be moved for mowing shall be removed from the site. c) Excess grass clippings shall be removed from site. d) Work shall not commence before 7:00 a.m. e) Turf is to be kept at a 2-3 inch height. f) Mowing to be completed on a bi-weekly basis, with the exception of Fire Station No.1 and Fire Station No.2 which shall be completed on a weekly basis. g) Weed whipping to be completed around all structures with each mow. 4. All work must be completed on a bi-weekly basis, with the exception of Fire Station No.1 and Fire Station No.2 which shall be completed on a weekly basis. 5. Total Cost of Mowing and Weed Whipping All Properties (June 1, 1996 through October 31,1996) $ J , ) 6. The term of this contract shall be from through , with the option to renew for the following season at the same rates. The City may cancel all or any part of this contract upon thirty (30) days written notice. CITY OF ANDOVER By: Frank Stone Public Works Superintendent By: Jack McKelvey Mayor Attest: Victoria V olk City Clerk " / ) \ ) CONTRACT FOR WEED ABATEMENT Agreement made this , 1996, by and between , a Minnesota Corporation, hereinafter called Contractor, and the City of Andover, a Minnesota Municipal Corporation, hereinafter called City. In consideration ofthe agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. Before commencing work, the Contractor must file a Two Hundred Dollar ($200) Performance Bond with the City Clerk, 1685 Crosstown Boulevard, Andover, MN 55304. 2. Mowing of growing grasses on parcels of land that the property owner has not maintained. 3. The following conditions apply: J a) Grass shall be dry before cutting. b) Any debris that has to be moved for mowing shll be placed in a pile on the property to be mowed. c) Work shall not commence before 7:00 a.m. d) Turf is to be kept at a 2-3 inch height. e) Weed whipping or trimming around all structures. 4. Cost for Mowing/WeedWhipping: Per Hour 5. The term of this contract shall be from through , with the option to renew for the following season at the same rates. The City may cancel all or any part of this contract upon thirty (30) days written notice. CITY OF ANDOVER By: Frank Stone Public Works Superintendent By: Jack McKelvey Mayor Attest: Victoria V olk City Clerk 1 Regular Andover City Council Meeting Minutes - February 20, 1996 Page 9 , , ) (Walkway/Bikeway/Trail Discussion, Continued) Mr. Erickson explained interior sidewalks are generally concrete, not asphalt. The sidewalks could either be installed as a part of the infrastructure by the developer or installed by the builder at the time the lot is developed. Winslow Holasek - felt that by having the sidewalks inst?lled when the plat is developed, they will be broken up when the houses are constructed. He suggested they be handled the same way as the last lift of the street. The developer would escrow for the sidewalks and the installation would occur when a majority of the homes in the plat have been constructed. Mr. Erickson and the Council felt that is a good point. The Council directed Staff to draft a resolution regarding fees for the bikeway/trailway system. The ordinances already allow the City to require sidewalks as needed. DISCUSSION/CONTRACT FOR MOWING SERVICES MOTION by Jacobson, Seconded by Dehn, that the Council authorize the City Administrator or other Staff to develop a contract for mowing / services and bring that contract back to the Council for review before they send anything out. Motion carried on a 4-Yes, 1-Absent (Kunza) vote. RESCHEDULE NEXT COUNCIL MEETING The March 5, 1996, regular City Council meeting cannot be held on that day because of precinct caucuses held that day. The Council agreed to move the meeting to Wednesday, March 6, 1996, 7:00 p.m. SELECT CONSTRUCTION MANAGEMENT FIRM The Councilmembers each stated their preference of two firms, then moved the following: MOTION by Jacobson, Seconded by Dehn, to pick Adolfson & Peterson, Inc., as the construction management firm. Motion carried on a 4-Yes, 1- Absent (Kunza) vote. MAYOR/COUNCIL INPUT Snowmobile Ordinance signs - Councilmember Dehn suggested the City install small signs on some of the other City signs that state, i "Snowmobile Ordinance Enforced" to remind people there is an ordinance and rules that need to be followed. Regular Andover City Council Meeting Minutes - February 20, 1996 Page 10 / '\ J (Mayor/Council Input, Continued) The City's development - Councilmember Dehn stated she received a phone call from a resident who was very concerned with the rapid pace at which the City is developing. There was a special concern about the rural areas and the wetlands. She noted an example of where there needs to be some caution is with the trail system. Placing a trail system adjacent to a practicing agricultural business can create a very difficult situation for the farmer. Councilmember Jacobson noted that if a person's property is within the development area, the City does not have the authority to deny the property owner the right to development if desired. No specific direction was given on this item. Sidewalks in the Crooked Lake Boulevard reconstruction project Councilmember Jacobson stated he received a phone call from someone who lives just off of Crooked Lake Boulevard who asked the Council to reconsider the installation of sidewalks along that street. He suggested if the people were serious about that, they should bring in a petition to do so. Comprehensive Plan Amendment - Mr. Fursman stated Staff is meeting with Metropolitan Council representatives next week to discuss the City's request for a Major Amendment to the Comprehensive Plan. " / PAYMENT OF CLAIMS MOTION by Knight, Seconded by Dehn, to approve the payment of claims (for $281,940.60). Motion carried on a 4-Yes, 1-Absent (Kunza) vote. The Council recessed to hold an Executive Session with the City Attorney on the weybridge 3rd litigation, 10:46; reconvened at 11:16 p.m. MOTION by Knight, Seconded by Dehn, to adjourn. Motion carried on a 4- Yes, 1-Absent (Kunza) vote. The meeting was adjourned at 11:16 p.m. Respectfully submitted, fr\~ -C0~0<VL Marcella A. Peach Recording Secretary " Regular Andover City Council Meeting Minutes - February 20, 1996 Page 10 J (Mayor/Council Input, Continued) The City's development - Councilmember Dehn stated she received a phone call from a resident who was very concerned with the rapid pace at which the City is developing. There was a special concern about the rural areas and the wetlands. She noted an example of where there needs to be some caution is with the trail system. Placing a trail system adjacent to a practicing agricultural business can create a very difficult situation for the farmer. Councilmember Jacobson noted that if a person's property is within the development area, the City does not have the authority to deny the property owner the right to development if desired. No specific direction was given on this item. Sidewalks in the Crooked Lake Boulevard reconstruction project Councilmember Jacobson stated he received a phone call from someone who lives just off of Crooked Lake Boulevard who asked the Council to reconsider the installation of sidewalks along that street. He suggested if the people were serious about that, they should bring in a petition to do so. Comprehensive Plan Amendment - Mr. Fursman stated Staff is meeting with Metropolitan Council representatives next week to discuss the City's request for a Major Amendment to the Comprehensive Plan. / PAYMENT OF CLAIMS MOTION by Knight, Seconded by Dehn, to approve the payment of claims (for $281,940.60). Motion carried on a 4-Yes, 1-Absent (Kunza) vote. The Council recessed to hold an Executive Session with the City Attorney on the Weybridge 3rd litigation, 10:46; reconvened at 11:16 p.m. MOTION by Knight, Seconded by Dehn, to adjourn. Motion carried on a 4- Yes, 1-Absent (Kunza) vote. The meeting was adjourned at 11:16 p.m. Respectfully submitted, \'l\~ -~'~0<VL Marcella A. Peach Recording Secretary ) " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION Feoruary 20, 1996 DATE AGENDA t\Q SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM t\Q Contract for Mowing Services Frank stone Public works Sup. David L. Carlberg~ Planning Director~~ @ BY: The city Council is asked to discuss the contracting of mowing services for weed violations and parks. The Council is being asked to consider this item due to the lack of public works personnel to accomplish the mowing services in a timely fashion. The increase in park numbers such as the "Field of Dreams" is the major cause or reason for not providing timely mowing services. ') , / Currently, the City mows properties when weed complaints are not corrected. The cost of mowing, roughly $1,000.00 a year, is billed to the property owner and if not paid assessed to the property taxes. The City also has a number of parks that could be mowed by contracting services. At the wish of the Council, Staff will prepare a bid for the contracting of mowing services for weed control and parks. The bid would include a number of outlying parks and the acreage of the parks. Mowing for weed complaints or weed control will also be made a part of the contract. , J MOTION BY: SECOND BY: . - \ "\ \ /') ORDINANCE NO. 34 CIn' OF ANDOVER COUNTY OF ANOKA STATE OF Ml~~ESOTA AN ORDINANCE REGULATING AND CONTROLLING THE GROWTH OF NOXIOUS WEEDS, G~~SS ~~D OTHER HARMFUL VEGETATION IN THE CITY OF ANDOVER THE CITY 0: .~l:OOVER DOES HEREBY ORDAIN: Seccion 1. Because che gro~Ch of noxious ~eeds and ocher harmful vegetation is subjecC to needlesS abuse, creacing a decrimenC to public healCh, co~forC and convenience of che residenCS of che City of Andover as ~ell as creacing a general aeschetic depreciacion, che gro~th of such vegetacion is hereby declared to be a nuisance. Section 2. All ~eeds or groving grass upon any loc or parcel of land ~ichin the platted portions of the CiCy, or ~ithin 200 feet of a platted area, growing to a heighc greater than one fooc, or vhich have gone or about to go to seed; also, any noxiouS veeds, as defined by Xinnesota State Statute, groving vichin 100 feec of any thoroughfare in the unplatted areas of the City, are hereby declared a nuisance. '\ , / .)) Section 3. Definitions. (a) Weeds _ The vord "veeds" as used in this seccion shall be conscrued co mean and include all noxious veeds as defined by che statutes of the State of Minnesota and all such useless and troublesome plants as are commonly kno~ as veeds to che general public. (b) Person _ The vord "person" as used in this section shall mean natural persons, parcnerships, associations, corporations. and all other entities. Section 4. When the o~~er. and/or occupant permit a nuisance to exist in violation of Section 1, the veed inspector or his assistantS, shall serve a notice on the o~er, oc~upant or agent of the o~ner, of such lot or parcel of land ordering such person to have such veeds or grass cut and removed or othervise eradicated or removed vithin ten (10) days after the service of such notice; such notice shall also state that in event of noncompliance, removal vill be done by the City of Andover at the ovner's expense. ~~en no ovner, occupant or agent of ) ,h. ovo.r ,an b. fo"nd, no,ie. ,hall b. ,.n' by e.r'ifi.d mail '0 the I person "Who is listed on the records of the county auditor or county J treasurer as the o"Wner; service vill be complete vith mailing. \ oJ / Section 5. If such person fails to comply with the notice within ten (10) days after service, or if no owner, occupant or agent can be found, the weed inspector or his assistants, shall have such weeds cut and removed or otherwise eradicated. The records showing the cost'of such work attributable to each separate lot or parcel shall be delivered to the City Clerk. Notice in writing of the work done, and the costs and expenses involved shall be served on the owner or occupant of the property in accordance with the individ~al notice provisions of Section 4. Such notice shall provide a tabulation of the total cost and expenses involved and shall indicate that if the total amount is not paid to the City within 30 days .or before the following October 1st, whichever is later, the costs and expenses shall be a lien in favor of the City and maximum allo~able interest will be added to the amount due as of that date with a total cost, expenses and penalties thereupon to be certified to the County Auditor and entered by him on his tax books as a lien upon such property. ,r/ Section 6. Any person, firm, or corporation who violates any section of this ordinance or who shall obstruct the weed inspector or his employees in the cutting, removal or eradication of weeds or grass shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than ~300 or imprisonment for not more than 90 days or both. Each day on which such violation continues shall constitute a separate offense. \ /This ordinance shall become effective from and after its passage and publication as required by law. " Adopted by the Andover Citi Council on this 1976. 16th day of Ma Tch CITY OF ANDOVER ATTEST: " F ," , /'." '/.' f. ,. - , ~/' /(,.. . " -, : ",..., ,. .". -. i ~.I'; -"';,;,. "" . Richard J~ Schneider, Mayor Patricia. K. Lindquist Clerk/Treasurer , ( " l DATE April 16. 1996 - ,.; : . I. - ~ - -- - --- --- -- -- .- --- -'---- - -- --- -----.----- --- - ~MSG~NTOTHECITYCOUNC~ Planning and Zoning: Commission Minutes - March 26. 1996 Special City Council Minutes - March 28 1996 City Council Minutes - April 2. 1996 Economic Development Authoritv Meeting - April 2. 1996 Letter from Jacky Baker North Suburban - April 2. 1996 Letter from Kennedy & Graven Chartered - April 3. 1996 Final Plat - Rolling Meadows Estates Final Plat - Weybridge 3rd Addition PreliminarY Plat - Weybridge Preliminary Plat - Crown Pointe Schedule of Bills PLEASE ADDRESS THESE ITEMS AT TillS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. C~, L/jJ(../9b NORTH SUBURBAN Coun..llnll C.nt.r 425 COON RAPIDS BOULEVARD, SUITE 200 COON RAPIDS, MINNESOTA 55433 (612) 784-3008 April 2, 1996 Mayor and Counci1members City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RECEIVED APR 0 4 1996 CITY OF ANDOVER Dear Mayor and Councilmembers, I am writing to express my gratitude for the CDBG money awarded to this agency for the 1996-1997 contract year. This money will enable us to continue to provide out-patient mental health services to the residents of Andover on a sliding fee scale for all qualified clients. Thank you, 9v+ x5tz/~ Jacky Baker Director . State of Minnesota Approved Mental Health Center KENNEDY & GRAVEN CHARTERED CV'-l_ \ ~- 0\ \] ROBERT A, ALSOP BRUCE M. BATTERSON RONALD H, BATTY STEPHEN J, BUBUL JOHN B. DEAN DANIEL J, GREENSWE]G DAVID J. KENNEDY CHARLES L. LEFEVERE JOHN M, LEFEVRE, JR. ROBERT J, L1NDALL ROBERT C. LONG JAMES M, STROMMEN CORRINE H, THOMSON 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337-9300 JAMES J. THOMSON LARRY M, WERTIlEIM BONNIE L. WILKINS JOE y, YANG Attorneys at Law Facsimile (612) 337.9310 DAVID L. GRAVEN (1919-199]) WRITER'S DlRECf DIAL 337.9232 OF COUNSEL ROBERT C. CARLSON ROBERT L. DAVIDSON WELLINGTON H, LAW FLOYD B, OLSON CURTIS A. PEARSON T. JAY SALMEN April 3, 1996 Ms. Vicki Volk City Clerk City of Andover City Hall 1685 Crosstown Blvd. N.W. Andover, MN 55304-2612 Dear Ms, V olk: On November 1, 1995, Curtis A. Pearson, formerly of Wurst, Carrol, Pearson & Underwood, merged his municipal law practice with Kennedy & Graven, Chartered. As you may know, Curt Pearson is the city attorney in Mound and Brooklyn Park, represents a number of water management organizations and is approving bond counsel for many governmental units in Minnesota. Curt brings over 30 years of experience in municipal law and finance to the firm and greatly enhances our ability to supply high quality legal service in those areas. Also, Bruce M. Batterson, formerly a partner at Faegre & Benson In Minneapolis, has joined our firm specializing in municipal finance. Either Dave Kennedy, Curt Pearson or Bruce Batterson and their partners and associates have served the city as bond approving counsel at some time in the past, We and they want you to know how highly we value that relationship and hope that you'll think of us again when considering your next financing, Kennedy & Graven, Chartered is unique. in . its . commitment to the service of local government units in Minnesota. Curt's and Bruce's joining us is further evidence of our ability to provide the kind of services that carry out that commitment. In addition to bond approving work, the firm has broad experience in all phases of municipal law - eminent doman, tax increment financing, employee relations, economic development and redevelopment, to name a few, If you and your legal advisers find it necessary to seek outside or additional counsel in any matter affecting the city, we hope you'll contact us. Please share this letter with your city council. Yours truly, KENNEDY & GRAVEN, CHARTERED CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Apri116.1996 AGENDA SECTION ADMINISTRATION Richard Fursman ADD-ON I I ITEM NO. . Appomt D.pnty CIty CI.rl< BACKGROUND: The Council is requested to appoint Richard Fursman and Jean McGann as Deputy City Clerks. CITY OF ANDOv~R REQUEST FOR COUNCIL ACTION DATE April 16, 1996 AGENDA SECTION NO. Non-discussion, Consent Agenda ADD-ON ITEM NO. Part-time Public Works person for Streets & Highways Dept. ORIGINATING DEP ARThIENT APPROVED FOR AGENDA Frank Stone - Public 'Yorks Superintendent BY: ~ Due to LuAnn Darveaux's Worker Compensation related absence, I have to look at putting a person on part-time in our Streets and Highways Department to get our work load done, There is no way to keep a schedule without a full crew. We now have one person on part- time in that department being paid out of the Streets and Highways Summer Help Budget. He works two days a week, However, we need another person to fill in for two more days a week to bring us to a full crew, This person would be paid $10,30/hour pending your approval. The salary for this person would come from monies not being used in the Streets and Highways Department Budget due to Ms, Darveaux work-comp related absence. At the time ofMs, Darveaux's full-time return to work, this part-time position will be discontinued. MOTION: SECOND: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 16, 1996 AGENDA SECTION ADD-ON ORIGINATING DEPARTMyNT ToddJ. Haas, ~ Parks ITEM NO. Approve Quotes/93-7/Soccer Goals The City Council is requested to approve the purchase of soccer goals up to the amount of $10,000,00, Staff is in the process of obtaining quotes from 2 vendors, Unfortunately, we were unable to obtain the quotes for tonight's meeting due to the quotes for the youth soccer goals because the vendors did not have the proper size materials, " , , 1 '\ ''-t ,~ f~.. "'l ~ L I " 1Y1(r-j -~'l --- ...... ~ I_4.'Qgu(! of .l.\I:r::-I.JSt)t.f. Cit.:e~:: r,., t. 'I '_1l~C.'; p"':lm~' 1l!~:' :?::..-I>-:.'}...-:~l':..."! League of Minnesota Cities 1996 .fJLnnua{ Conference June 11-141 1996 ~cfiesteTj Minnesota 9-fea{tliy Cities fora 9-fea{tliy Minnesota Program Schedule Tuesday,June 11, 1996 TOURS OF NEW RoatESTER CITY HALL AND NEW RoatESTER PUBUC LIBRARY 1:00.3:00 p,m, SPECIAL PRE-CONFERENCIi CoNCURRENT WORKSHOPS Legislative Update 3:00 - 5:00 p,m, New enactments will effect many city decisions this year. This briefing will highlight which legislation passed, which didn't and how these changes will effect city budgets, the ability of cities to strengthen their local economies and the ability of cities to improve setvice delivery. LMCIT Loss Control Workshop 3:00 - 5:00 p,m, Three workshops will be presented consecutively. These are: Take a Few Minutes Before You Make a Decision (keeping records to support the defense that councils made rational decision); Don't Miss the Train (employee safety training require- ments); and The Family Medical Leave Act, Gathering for Newly Elected and First-Time Conference Attendees (Sponsored by Women in City Government) 5:00.6:00 p.m. TUESDAY NIGHT KlCX-OFF Mayo Civic Center Auditorium 7:00 p.m, Doors open 7:30 p.m. Festivities begin Take your seats for a rousing perfor- mance of the Beehives from Hey City Theater featuring music from the '60s and '70s, Afterwards, around 8:30 p.m., indulge your Strawberry fantasies in the Strawberry Patch, located in the Mayo Civic Arena lobby, Celebrate June-Strawberry month in Minnesota-with col- leagues from across Minnesota by enjoying chocolate covered strawber. ries, strawberry blinues, strawberry ice cream and other strawberry delicacies. ~~~"''''''''''IIi )-=-~.-.c-;:;......-..:t:'-_"J.,:-:-"""'.:"~:",~":..-:.r:!-'t""J'!'::-T";r_"""~:"~']oI'~~"H~.. ".~I.-ll'!r:":v-~. (;TIFS .' .....F~IL ,~ Wednesday,June 12, 1996 Don 't forget to wear your sportswear today! WnCOMwOPENING SESSION 8:30 - 10: 15 a,m. The Great Balancing Act: Work & Home Featuring Mike McKinley, President, McKinley Companies, Inc. (See page 25 for more details.) BREAK 1O:15a,m. CoNCURRENT SESSIONS I (CIIOOSII _) 10:45 -11:45 a.m, Foundations What City Officials Can (and Cannot!) Do Councils often don't realize the full scope of the powers imparted to them based upon their classification and Minnesota law. This session will increase your understanding of what's possible, as well as the limits of authority and mandates imposed by statute, Legislative, corporate and regulatory powers Working within the limits oflaws on open meetings, gifts, conflict of interest, personnel Answers to the 10 most com- monly asked questions The Changing Community Adult Entertainment and First AunendrnnentFtighu An instructive and entertaining roleplay will be used to illustrate the legal, planning, enforcement and political aspects of adult uses (includ- ing sex-oriented businesses, pawn- shops, massage parlors). The session will address: How to enforce codes ..- How to zone ;., Regulation through licensing Cj Dealing with political fallout Healthy Cities Environmental Issues: Financial Impacts As we move into the second half of the 1990s, en~ronmental issues continue to increase in importance for cities. One of the reasons these issues gain attention is the financial imprints they leave. This session will touch on some major issues and current legislation, -, Revision of the Wetlands Conser- vationAct "'. New septic tank regulations and rules Wellhead protection - Wastewatertreatmentand infrastructure financing '-.; Solid waste and flow control Techrwlogy Using Your Computer as More than a Typewriter (Sponsored by Intergovernmental Information Systems Advisory Council, IISAC) This session will focus on practical procedures that save both time and effort. :.~ Arranging files and diskettes to find your work .~ How to create forms with spread- sheets ;:; Budgeting with spreadsheets '0 Graphical enhancements (jazzing up spreadsheets and documents) ~', How to use shells to save time c, Use of a simple network Healthy Cities The Metro-Greater Minnesota Connection What happens in the Metro Area often has an impact on Greater Minnesota (ie. airport, pro sports, Mall of America, Minneapolis Convention Center). In this session participants will have the opportunity to "celebrate the sameness and savor the differences," and examine examples which bring economic benefits to all of Minnesota, not just the metro area. ,- How are the economies of the Metro Area and Greater Minne- sota integrated? What are the population trencls? What is the "Metro" Area? Does Greater Minnesota include more than Minnesota-the Dakotas, for example? ,') ... ExHIBITORS' LUNCHEON 11:45 a,m. - 1:15 p,m. Have lunch and visit with the many fine exhibitors in the Exhibit HaIl, GENERAL SESSION 1:15 - 2:45 p,m. From the Ground Up: Dramatic Presentation with Professionally- Facilitated Discussion Marysue Moses and Alfred Harrison Theatre at Work,St, Paul, MN (See page 26,) BREAK 2:45 p,m, CoNCURRENT SESSIONS .. (CHOOSII ONE) 3: 15 .4:30 p.m. Foundations Property Tax Primer This session will provide an overview on how the current property tax system works and outline the key issues related to reform, ., What is the classification system and why does it exist? G What is the tax capacity rate? o What is local government aid? How is it determined? . What are the key issues related to property tax reform? - :.i':::::: ."r-"1.~ ;....; _oIO:~___......~. -.;.,;;....,..;:.&'....':'il":::...:~~~~....---.....=..-,.~..~.Cd'.C~,~~~ 21 I i I I ~.-.' , I I i ;' I " r:1.'. '-~' '" ~ ~ ", v- The Changing Community Planning for Development Using planning tools effectively can help you achieve your city's goals and deal with a wide variety of develop- ment problems. This session will provide the information needed to put that framework in place. Available tools and how they relate to each other Subdivision exactions and dedications Role of a comprehensive plan and standards Legal issues, adoption requirements Pitfalls, .words to the wise" Leadership Responding to Citizen Requests Making sure your city has systems and policies in place for dealing with citizen requests or concerns is important in order to give citizens accountability and access to public officials. Through the use of a video of actual scenes and interactive discussion, this session will examine the key essentials in responding to citizens and share effective techniques, ;". Dealing with citizen requests and complaints as a customer service issue 'to' Developing a chain of command appropriate for the size of your community 'ij Gathering information before deciding on a solution 'V Using a tracking system for complaints .' Tips for controlling time for citizen input at hearings or meetings .""""":..-.....~-:"');..._"'":":.=--r~.....--;;s,~r.~-I:..11:t~......7,.. League of Minnesota Cities 1996 Jlnnuaf Conference J-feaftliy Cities fora J-feaftliy Minnesota Communications Communicating with Your Citizens Communicating with your citizens is both an art and a science, This session will address the importance of developing a communications plan to help you focus on the message you want to communicate and the most appropriate tools to use. It will also highlight case studies of how events and celebrations, such as Cities Week, have been used to build community, Developing a communications plan Matching tools with the message Matching tools with the audience ;, Case studies featuring city award winners Healthy Cities Recreation Issues This session will focus on how recreation and parks can benefit the total community. A panel of special- ists will show how several cities are developing a sense of community through their recreation programs and parks while reversing negative trends of intolerance, hostility and community segmentation. ,.. How can recreation bring our citizens together? :0 What is the role of a governing body? ;>J Successful programs to make available in your community . .-': 1_' '..;:~:-;'~_.;T'.~'_. CJTy NICHT An Olympic Village with a wide variety of foods and performances 6:30 p,m, Mayo Civic Center Park is the site for a grand evening of good food, entertainment and comraderie. Feast on foods representing various Olympic sites like brats and sauerkraut (Munich), ribs and fried chicken (Atlanta), rosettes (Lillehammer), pastries (Grenoble) and much more! Entertainment on the outdoor stage will give the festivities an international flavor, Thursday,June 13, 1996 INFORMAL NETWO_INC AND COFFEl AND ROLLS IN ExHIBIT IIAu. 8:00 a,m. CoNCURRENT SESSIONS III (CMOOSa .....) 9:00. 10:00 a,m. Foundations How to Run an Effective Meetinf City officials are expected to run many different types of meetings. The formula for one meeting may not be the best approach for anothel This session identifies the various types of meetings and provides a strategy for each. Types of meetings: the formulas for success are different ,!. Tips on how to prepare for each How to stimulate participation How to limit discussion Closure and follow-up -'-,;' .....-.._1:.. The Changing Community Dealingwith Intolerance in Your Community Not everyone accepts the differences that come with diverse populations living in the same community. What is the city's role in addressing the human rights issues that emerge? Which approaches work? Background/definitions Overview: What cities can put in place (such as bias response plans) Overview: How cities can respond to specific situations or incidents Case studies PersonneVManagement How to Discipline and Fire Without Getting Sued The majority of employees want to do a good job, Sometimes, however, despite the best preventative efforts or one-on-one coaching, it becomes necessary to discipline or even terminate an employee, This session wilI focus on the legal issues and the elected official's role in dealing with problem employees, OvelView of issues most com- monly encountered by the League's Insurance Trust Effective discipline policies as a means to avoid termination Guidelines for termination Small Cities Comprehensive Planning for the Future This session offers a practical over- view for those who are just getting started or need a refresher. Introduction to planning Why plan A look at what's required Planners in the planning process Understanding the planning process Elements of a comprehensive plan Basic planning tools - zoning, variances, conditional use permits Definitions, rationale, uses, myths/misconceptions, how to's, non-conforming issues Legislative session summary -~'''''''':~--~'.' Small Cities Personnel Workshop: Nuts and Bolts (half-day - offsite, exact time TBD) This wilI be a working session, Attendees are encouraged to bring actual work samples for feedback and revision, The main focus is to provide assistance to non-personnel staff in developingjob descriptions and managing the hiring process, Using ajob description, a 100-point scale wilI be developed in order to learn through experience, What is necessary in an effective job description? What is a good format? How do you write a 100-point scale? Why is a 100-point scale necessary? Additional topics that may be ad- dressed (depending on staff and time available) Disciplinary action Performance forms Salary schedules Pay equity BREAK 10:00a,m, CoNCURRENT SESSIONS IV (Oloosa _) 10:30 - 11:30 a,m, . Foundations Point of Order! Back by popular demand, this lively presentation provides an entertaining discussion of parliamentary proce- dure. If you missed it last year, here's a second chance, Myths and misconceptions .. Practical applications/do's and don'ts Basic principles and fundamentals Gender protocol Order of business Eight steps to process a motion, how to modify a pending motion _ Meeting minutes - .-.-.....;J~,..~.........-'"F;"" ...._.~,. The Changing Community Supporting Positive Responses to the GrowingAging Population This special working session will focus on what a city can do to facilitate the development and enhancement of selVices provided for seniors using primarily non-public approaches. After a brief ovelView, participants wilI answer the following question related to a specific area of service: "What would you change if your aging population was 50 percent of yourresidents?W ,. Significant trends and their impact Brief overview: what's been done around the country in housing, public safety Opportunities in public services (such as park and recreation, transportation, senior centers) as well as private sector services Sharing results of discussions PersonneVManagement Managing Use of Public Righ~f-Way Increasing demand by telecommuni- cations service providers and utilities for the use ofIocal streets and other public rights-of-way presents cities with serious questions, Who is responsible for paying the rising cost of ensuring that roads, sidewalks, and alleys are safe and well managed? How can the city determine the value of the local rights-of-way and establish policies to protect the investment local taxpayers have made in acquir- ing, maintaining and improving it? This session will focus on the ap- proaches being used here and elsewhere to make sure local govern- ment has authority to obtain compen- sation for use of their streets and rights-of-way. Presentations will cover: Municipal franchise authority/ local compensation ~ Requirements for placement, repair and removal of facilities .., Rental for use of rights-of.way " Importance ofIegislative support in 1997 session to uphold city authority to manage local rights- of-way LMC League of Minnesota Cities Cities promoting exceHence Small Cities Goal Setting and Strategic Planning for SmaIl Cities An annual goal setting session by the city council and its administrator is critical, This session provides valuable tips on how to proceed, o Why do it and when . Staffinvolvement 4t Involvement from citizens, Parks Commission, and Planning & Zoning Commission . Tying it to the budget t3 Reviewing goals and refocusing energies Small Cities Personnel Workshop: Nuts and Bolts (half-day - offsite, exact time TBD) This is a continuation of to day's morning workshop described earlier, BREAK 11:30 a,m. MAYORS AsSOClAnoNl MINI-CONFERENCE LUNCHEON 12:00 a,m. -1:15 p.m, ACT NOW - Discover How Good Health Can Be a Laughing Matter Dr. Dale L. Anderson, M.D. (See page 26,) CoNcuRRENT SESSIONS V (CIIOO5a _) 2:00 - 3:00 p.m, ,-~-:-..~."Ift:;O...L.::f. ._:T....~'"T$:'.:...>.!.._ ~~.. ~~ C".' _,!<o League of !Minnesota Cities 1996 5'lnnua! Conferena Jfeaftliy Cities fora Jfeaftliy Minnesota Leadership Characteristics of an Effective Councilmember: Candid Stories from Fonner City Officials Featuring a power-packed panel of fonner elected officials and staff who will "tell it like it is," this session will provide varying and valuable perspec- tives on such questions as: . What are the ingredients to being an effective councilmember and why? Q If you had to identify three key skills or characteristics, what would they be? a Have the role and expectations changed over the years? If so, how? What do you envision in the future? It What makes for a successful working relationship with staff? . Does the size and class of the city have an impact? The Changing Community' Supporting Positive Responses to the Growing Teenage Population This imponant segment of to day's and tomorrow's community presents both challenges and opponunities. Here's practical information and innovative approaches to working with, and benefiting from, your city's teenagers. ~ Key statistics/findings on the teenage population; how they will influence and shape the future of Minnesota communities , ...~ :..... _'::'. .&.~.... F__..;'",,! CJ Examples of what communities are doing to address the realities facing their teenage citizens (jobs, education, crises, meaning- ful involvement, vandalism, gangs) $ How cities can collaborate with other organizations working with youth to effectively meet poten- tial problems { PersonneVManagement What Every City Needs to Know About Mandated Drug and Alcohol Testing All cities with employees who are required to have a commercial driver's license or perfonn safety- sensitive functions must have a Drug and Alcohol Testing Policy in place, In easy-ta-understand language. this session will focus on difficult imple- mentation issues as well as lessons learned, (J Who is specifically exempt? i) Basic questions to ask before choosing a testing firm Q What if you have a positive test; can (or should) the employee be fired? o What is negotiated with the union? S What if an employee rarely performs safety-sensitive func- tions and his/her name is pulled for a test? I) Privacy issues; documentation , 1996 LMC Annual Conference Minnesota Cities: Healthy Cities for a Healthy Minnesota Preliminary Program Schedule Tuesday, June 11, 1996 Special Pre-Conference Workshops "Legislative Update" and "LMCIT Loss Control Workshop" 3:00 - 5:00 p.m. Gathering for Newly Elected and First-Time Conference Attendees (Sponsored by Women in City Government) 5:00 - 6:00 p.m. Tuesday Evening Kick-Off Entenainment by the "Bee Hives" Followed by a "Strawberry Fantasy" 7:30 p,m, Wednesday, June 12, 1996 WelcomeJOpening Session 8:30 - 10:15 a.m, Mike McKinley, President, McKinley Companies, Inc, 'The Great Balancing Act: Work & Home" Break 10:15 a,m. Concurrent Sessions I (choose one) 10:45 - 11:45 a,m. Understanding and Maximizing Your City and Council"s Full Potential. Adult Entenainment and First Amendment Rights Environmental Issues: Financial Impacts Using Your Computer as More than a Typewriter (Sponsored by Intergovernmental Information Systems Advisory Council. nSAC) The MetroJGreater Minnesota Connection Exhibitors' Luncheon 11:45 a,m. - 1:15 p.m, General Session 1:15 - 2:45 p.m, MarySue Moses and Alfred Harrison Theater for Corporate and Community Education, SI. Paul, MN "From the Ground Up": Dramatic Presentation with Professionally- Facilitated Discussion Break 2:45 p.m. Concurrent Sessions n (choose one) 3:15-4:30p.m. Property Tax Primer Planning for Development Responding to Citizen Requests Communicating with Your Citizens Recreation Issues City Night at 'Olympic Village' 6:30 p.m. LMC Networking Itv"ent 9:00 - 12 midnight loin exhibitors and city officials in the Kahler Hotel Penthouse for music, dancing, and a city pin exchange Thursday, June 13, 1996 Informal Networking in Exhibit Area 8:00 a,m, Concurrent Sessions m (choose one) 9:00 - 10:00 a,m. How to Run an Effective Meeting Dealing with Intolerance in Your Community How to Discipline and Fire Without Getting Sued Comprehensive Planning for the Future "Hands-On" Personnel Workshop (half-day -- offsite, exact time TBD) Break 10:00 a.m. Concurrent Sessions IV (choose one) 10:30- 11:30a,m, Point of Order! Supponing Positive Responses to the Growing Aging Population Creative Ways to Find New Revenue Sources Goalsetting and Strategic Planning for Small Cities "Hands-On" Personnel Workshop (half-<lay -- offsite, exact time TBD) Break II :30 a,m, Mayors AssociationlMini-Conference Luncheon 12:00 a.m, - 1:15 p.m, Dr, Dale L. Anderson. M,D, "ACf NOW -- The Chemistry of Being ON!" Concurrent Sessions V (choose one) 2:00 - 3:00 p,m, Characteristics of an Effective Councilmember. Candid Stories from Former City Officials Supponing Positive Responses to the Growing Teenage Popula- tion What Every City Needs to Know About Mandated Drug and Alcohol Testing Is Your City Ready for Commercial or Industrial Development? General Session lllIl1 LMC Annual Meeting 3:15 - 5:00p.m. Tim Penny, Co-Director, Humphrey Institute Policy Forum Vin Weber. Co-Director, Humphrey Institute Policy Forum 'The New Federalism" LMC Reception and Banquet 6:30 p.m. LMC Networking Event After the Banquet loin exhibitors and city officials in the Kahler Hotel Penthouse for music, dancing, and conversation Friday, June 14, 1996 A wards Presentation and Finale General Session 9:00 - 10:30 a,m, "Who We Once Were" Lawrence Bodahl, City Administrator, Newpon; Former Mayor and State Legislator . ... CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: City Council FROM: Dick Fursman, City Administrator DATE: April -15, 1996 RE: Community Festival Staff has been working with a private group of Citizens to assist in the development of an Andover Festival. The idea is to lay the foundation for a yearly event to celebrate Andover. The title "Andover Family Fun Fest" has been picked to establish the event as a "Family" day, with many of the events and exhibits of particular interest to kids. A meeting is scheduled for 7:00 PM on April 25th to reach some more volunteers. Enclosed: Minutes from April 2nd meeting. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 ANDOVER FAMILY FUN FEST COMMnTEE MEETING MINlJTES April 2. 1996 The Andover Fun Fest Committee meeting was held at 3:30 p.m. on Tuesday, April 2, 1996 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN. Members Present: Richard Fursman, Pat Janssen, Jack McKelvey, Kris Mitchell, Sandi Peterson Nancy DeSteno, Sheila Freeman and Rick Ericksen . . Members Absent: Bob DeSteno, Jolene Troub, Eleanor G. Jensen and Vicki Volk CHAIRPERSON .' . JACK . VICKI . NANCY . PAT . ELEANOR . DICK . KRIS . SHEILA . RlCK . SANDI - Pancake Breakfast, Beer - Dunk Tank, Baby Crawling Contest, Fire Dept. And Police(Sherifrs) Dept, Street Dance, Craft Fair - Youth Band, Face Painting - Food, Street Dance - Fireworks, Publicity - Athletic Tournaments, Flag Contest, Garbage - Humane Society, Pop - Ice Cream, Games - Food - Craft Fair Rick Ericksen of the Andover Sno-dragons would like to set up a booth where they can distribute club infonnation such as registration for snowmobile safety classes, advertisement for their swap meet being held in August, etc. They are also interested in setting up some type of food booth. Pat contacted Mary Lou Doerrie, Committee Chair for Boy Scout Troup # 609. She was very interested in setting up a "Popcorn .. concession and possibly a game booth. She will present it to the Boy Scouts at their next meeting, Pat also spoke with Cathy Karnnetz of the 4-H Club and she was sure they would be interested in helping but would first like to present it at their next meeting. Nancy knows of a youth band that would be interested in playing during the day. B1li!u1. The Andover Lions president, Jack McKelvey, said the Lions approved a $5,000 donation for fIreworks. Dick Fursman will try to raise at least $5,000 more. Pancake Brealifast. Band. Use Q/ Andover Elementary School. Beer Jack talked to the Andover PTO and obtained approval for the use of Andover Elementary School for a pancake breakfast. Now we need to fmd someone, or group, interested in organizing the breakfast! The Andover Lions will have a "beer wagon." Sandi Peterson stated there are some important things to consider when hiring a band; a platfonn, sound system, power source and lighting. We also discussed the need for a tent or canopy for protection from the elements. Sandi will give us the name of a company that they used when the Andover Downtown Center held their celebration. Humane Society Kris stated that the Humane Society requires a letter from Vicki before they will commit to set up for the Dog Obedience training. lee Cream Social Sheila Freeman, organizer for the Girl Scouts, said they are willing to have an "ice cream booth" as a fund raiser for their organization, They also volunteered to run various game booths; to be decided at a later meeting, Craft Fa;r Sandi Peterson will check on the "craft fair" and let Vicki know of any information she obtains. If you know of anyone interested in being the Chairperson or Vice-Chairperson of Andover Fun Fest or serving on a committee, please invite them to attend our meetings, The next meeting is scheduled for 7:00 p,m. on Thursday, April 25, 1996 at city hall,