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Home My WebLink AboutCC May 7, 1996 '\ Regular City Council Meeting - May 7, 1996 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 '\ , ) Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items I. Public HearinglVacation of Easement/Crown Pointe East, Lot 19, Block 2 2. Approve Ordinance # 112/PUD Ordinance 3. Antennaffower Ordinance & Lease Agreement 4. Rezoning R-I to R-4/Shadowbrook 5. Approve Special Use PermitIPUD/Shadowbrook 6. Approve Preliminary Plat/Shadowbrook 7. Approve Special Use Permit/Area I. D. Sign/Shadowbrook 8. Personnel Policy 9. Approve Plans & Specs/95-14/Crooked Lake Boulevard 10. Accept Feasibility Report/93-17/Crown Pointe Non-Discussion/Consent Items II. Lot Split/15318 Nightingale Street NW 12. SUPNariancel Institutional Sign/Oak View Middle School 13. SUPNariancelInstitutional Signs/Andover Elementary School 14. Amend Ordinance # 8, Section 3.02, 6.02, 4.18 & 4.20 15. Mining Pennit Extension Request/Jim Green 16. Met Council Update 17. Award Bid/96-3/1996 Cracksealing 18. Award Bid/96-4/1996 Sealcoating 19. Snowmobile Ordinance Review 20. Approve Certificate of Corrections/Crown Pointe East, Lots 17-22, Block 2 21. Approve ResolutionIFlood Zone Fee 22. Approve No ParkingIPoppy Street at 135th Avenue 23. Approve Engineering Intern 24. Approve Forestry Intern 25. Approve Quotes/93-7/Concrete Bleacher Pads/City Hall Park Complex #2 26. Approve Quotes/93-7/Bases/City Hall Park Complex #2 27. Award Bid/92-19M'eybridge 3rd 28. Approve Landscape Quotes/Parking Lots & Center Median! 93-7/City Hall Park Complex #2 29. Review Proposals/Concessions/City Hall Park Complex #2 30. Approve Final PaymentJ94-9, 94-6, 94-7, Pond "C", 93-30 3 I. Approve Final PaymentJ94-10, 94-8, 94-5 32. Response to Council's Traffic Questions Mavor-Councillnout Payment of Claims Adiournment ./ agenda BOOKMARK NAME minutes vacation ord12 antennatower rezoning suppud ppshadow supid personnel ps9514 crownpt lotsplit oakview andoverschool ord8 miningpennit metcouncil bid963 bid964 snowmobi crownpte floodzon nopark enginter forestry bleacher bases bid9219 pklots concessi fpay949 fpay9410 traffic CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7,1996 DATE \. AGENDA SECTION ORIGINATING DEPARTMENT APPROVED t-O. Approval of Minutes FOR AGENDA ITEM City Clerk t-O. BY: Approval of Minutes v. Yolk ~.O' The City Council is requested to approve the following minutes: April 11, 1996 Board of Review (Dehn, Kunza absent) April 16, 1996 Regular Meeting ) , / MOTION BY: SECOND BY: , \ \) CITY OF ANDOVER REQUEST FOR COUNCil ACTION ) DATE: May 7, 1996 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Todd J. Haas, Engineering ~ ~l ITEM NO. Public HearingNacation of EasemenU Crown Pointe East, Lot 19, Block 2 I. The City Council is requested to hold a public hearing at 7:00 PM for the request of a Vacation of Easement at 14357 Quince Street NW at the request of Ashford Development Corporation. The type of easement that is being requested for vacation is for drainage and utility. Attached are the following: . Resolution vacating easement for City Council approval . Application for the Vacation of Easement . Notice of public hearing . List of property owners within 350 feet The existing drainage and utility easements were actually more conservative than what is necessary. The new easement will follow the 100 year flood elevation as required. We are recommending approval. \ ) ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT AT 14357 QUINCE STREET NW. WHEREAS, pursuant to published and mailed notice, the City Council has conducted a public hearing on the drainage and utility easement located at 14357 Quince Street NW. WHEREAS, as a result of such hearing and review, the City Council recommends vacation of said drainage and utility easement, legally described as follows: Description to vacate drainage and utility easement over, under and across the following described property: That part of Lot 19, Block 2, Crown Pointe East, Anoka County, Minnesota. lying northeasterly of the following described "Line A" and southwesterly of the following described "Line B", except the southeasterly 5.00 feet thereof as measured at a right angle to and parallel with the southeast line of said Lot 19. :. ) "Line A" is described as follows, commencing at the most northerly corner of said Lot 19; thence South 31 degrees 10 minutes 48 seconds West assumed bearing along the northwesterly line of said Lot 19 a distance of 137.07 feet to a point hereinafter referred to as "Point A"; thence South 09 degrees 22 minutes 42 seconds East a distance of 123.03 feet to the southeast line of said Lot 19 and said "Line A" there terminating. "Line B" is described as beginning at said "Point An thence south 25 degrees 37 minutes 41 seconds East a distance of 95.60 feet to the southeast line of said Lot 19 and said "Line B" there terminating. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby agree to vacate said drainage and utility easement. Adopted by the City Council of the City of Andover this 7th day of May, 19 96. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk , ',) , , , j CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 VACATION OF EASEMENT REQUEST FORM Property Address Legal Description of Property: (Fill in whichever is appropriate): " Lot 19 Block '2. Addition CK:OWl\J Po\~\E.. ECOT PIN '(,<0 '3(. '2.4" 4\ 00\7 the complete legal) plat Parcel (If metes and bounds, attach ----------------------------------------------------------------- Reason for Request Error- Of) "1"0..\ p\o..+. "- ) Current zoning R - 'i ----------------------------------------------------------------- Name of Applicant ,4SIti="......J Dl-vLlu/....,,.. (I!/_/~-601~J x ~ Address 3t;:<lc;I ISJ.......d. L4__~ NV' Home phone Business phone '11;- 0 Lf .1 J- Signature' ~ J L--_-e!~~// Date I -----------------------------------------------------~----------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business phone Signature Date ----------------------------------------------------------------- . , ',j b09/ , , :-:J.:'~j:/:_.>~i('t:~:'<'f14'~~\~1j;~t~"t;IJ:"'r~.i.'J5W.!.r"'fJI~D1l~la""'_~ ') ~- / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER .. .. COUNTY OF ANOKA STATE OF MINNESOTA " The City Council of the City of Andover will hold a public hearing at 7:00 PM or as soon thereafter as can be heard, Tuesday, May 7th, 1996 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to review the Vacation of Easement at 14357 Quince Street NW at the request of Ashford Development Corporation. Street Easement to be Vacated An easement for drainage and utility to be vacated over, under and across the following described property: \ ~ That part of Lot 19, Block 2, CROWN POINTE EAST, Anoka County, Minnesota, lying northeasterly of the following described "Line A" and southwesterly of the following described "Line B," except the southeasterly 5.00 feet thereof as measured at a right angle to and parallel with the southeast line of said Lot 19. ~j'n.D7 "Line A" is described as follows, commencing at e most northerly comer of said lot 19; thence South 31 degrees 10 minutes 48 seconds est assumed bearing along the northwesterly line of said Lot 19 a distance of-164.62 feet to a point hereinafter referred to as "Point A"; thence South 09 degrees 22 minutes 42 seconds East a distance of 123.03 feet to the southeast line of said Lot 19 and said "Line A" there terminating. "Line B" is described as beginning at said "Point A" thence south 25 degrees 37 minutes 41 seconds East a distance of 95.60 feet to the southeast line of said Lot 19 and said "Line B" there terminating. Area of easement to be released is 1 ,446 square feet or 0.03 acres. All written and verbal comments will be received at this time and location. A copy of the application will be available at Andover City Hall for review prior to the meeting. CITY OF ANDOVER LZ:uJ tI~ Victoria V olk - City Clerk '\ / Publication Dates: 4-26-96 5-3-96 ANOKA COUNTY G.I.S. , ./ 2100 3RD AVENUE ANOKA, MN 55303 OFFICE: 612/422-7508 FAX: 612/422-7508 PIN = Parcel Identification Number 05-Apr-96 PIN: 253224320002 PIN: 263224410015 SCHROEDER PATRICIA LOUISE 720 ANDOVER BLVD NW ANDOVER MN 55304 CHAPMAN A L & LINDBERG ETAL 14212 PRAIRIE RD NW ANDOVER MN 55304 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ANDOVER MN 55304 ASHFORD DEVELOPMENT CORP INC 2262 140TH AVE NW ANDOVER MN 55304 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ANDOVER MN 55304 SLEPICA KENNETH A & LISA A 14336 QUINCE ST NW ANDOVER MN 55304 LINDSTROM JEFFREY E & MAVIS A 14346 QUINCE ST NW ANDOVER MN 55304 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ANDOVER MN 55304 FIRST CHOICE HOMES INC 1815 NORTH DALE BLVD COON RAPIDS MN 55448 HERBECK DAVID J & DEBRA L 14376 QUINCE ST NW ANDOVER MN 55304 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ANDOVER MN 55304 PIN: 253224330001 PIN: 263224410003 PIN: 263224410008 PIN: 263224410009 " J PIN: 263224410010 PIN: 263224410011 PIN: 263224410012 PIN: 263224410013 PIN: 263224410014 , , / J PIN: 263224410016 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ) ANDOVER MN 55304 PIN: 263224410017 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ,. ANDOVER MN 55304 PIN: 263224410018 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ANDOVER MN 55304 PIN: 263224410019 ASHFORD DEVELOPMENT CORP INC 3640 l52ND LN NW ANDOVER MN 55304 PIN: 263224410020 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ANDOVER MN 55304 PIN: 263224410021 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ANDOVER MN 55304 PIN: 263224410022 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW \. ANDOVER MN 55304 ) 2 , ) .. J ,,----.../" I~ ~".. ~:'. Hakanson ~. ,r. Anderson " ..: . ~ Assoc.,lnc. April 8, 1996 222 Monroe Street Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3401 " Mr. Scott Erickson, PE City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 RE: Lot 19, Block 2 Crown Pointe East, Andover Dear Scott: I have been made aware that in the final platting process on the above mentioned plat a number of errors were made that need to be corrected, On Lot 19, Block 2, the southwest easement line for drainage and utility purposes was drafted on the final plat improperly, At one time during the preliminary plat phase the line as shown on the plat was correct but revisions were made to the grading plan and preliminary plat that necessitated the movement the movement northeasterly of this line. I have enclosed copies of those documents for your review and you can see the duplicate lines, The enclosed certificate of survey has on it a proposed description for the partial release of the utility and drainage easement to correct this problem. I am hoping that you would talk to Dave Carlsburg and others at the City of Anc;fover to expedite a hearing and meeting to accomplish this release. A list of adjacent owners (within 350) is also included with this certificate. On another matter, the side lot line "leader lines" on Lots 17, 18, 19, 20, 21, and 22 inclusive are drawn to the survey line along Coon Creek. These leader lines should go the rear line of these lots which is the plat boundary. A certificate of correction is in the process of correcting this problem and will be forthcoming soon for the City of Andover Council action. If you have any questions, please feel free to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. Jerry Windschitl, Ashford Development Peter R. Raatikka, PE 2054- 1 4.5e Engineers Landscape Architects Surveyors .. :'1, I~' . o 0 0 0, u:o~ 0 , . i . . m m m ml.'~ ~i. ~, i , ' "" .' 2 2 .~ 2 .2r. ,;...., J.J, ..... o 0 0 0 01 ~Ol 0 ~0 -l -l -l -l -l ': -I' -I' , .:',:' m m m m m /,m m":'":: C/l C/l C/l C/l en. . en CIl ,., . " C/l "'0 "'0 "'0 "'0 "'0 m ',,<,:: _ :II:II:II X c.' I :II ....,: . - -l 0 0 0 0;, 0 en "'0 "'0 "'0 "'0 ;'."'0. -I ~ 0 0 0 00- m en en en C/l' 'en 2 ~ 2' ., mG)' , C1 m m m mo:, " "" mOO 0 0,,: 0, ' n...- "'0 0 m en}~n: 0 . m :II I -I: !,10 '2 "~, ".:::':' :II :J:>' m< 0,2 -I .." :,'L;,1!';:. n - :II 'i-l 0 . ."...;., m 2 :J:> ::::op:- , ":::j",.:,,;i. 2 :J:> -l ;::..,0 C , ,',':;',,:, ~ ~ ~ .~ '?~. . ~ ' ~, ,.~}l:~;!~;,:: -n "'0 :E ". .. '.'. G) :J:>. ~; , ';."!(i;t:, :II ~' ';; T..;";:'" / ~ ~. J ','\V::~' -- , ....;.; .:. ,:;:.. . .:; . ..;;";" : ;' ';.: ;~; ~~. -: . . . ; ," to:;. ::~. . ,. , q .' il / .~tlJ~ ,',,:}',.:: , ~ - I ~:~' I :,-) ..', I. ' l "-- .,<' ~ .. ""~ '." (? , A.J ..... .. '". .... ~ '" "'~.. :.$ "- " - " . ~ iJ. ',.:\0,;' / " ., " .', '.{'_ ,', t -r'o-. .' ".,t, " (j) 1\, / ill ~ , , ~ \ '.t'l '~~ ~Mi ~{'/~liI~Y+'\1 'I ~'i'1.~~I,\f.." ";,.. /)l"'~ ,.lS f~: "" , ! ~,u, ),.,"', "Ill U'1, I;' ' '. I ',< " 0 q " , . ~.... .~-.... " .~ ~ .j( ~ ~ ~ I ~ ~ ~ rpu, ~ $ ~~ G'\ ~~ ."'~ ~ \ ]I~ ~I~ / ~~ \ -- ( / '.0 ---- / J:~ ) \ "'--./ / I '" .,.-_--7 , I \ "- "- " \ / / / , Certificate of Survey ~ ~ fl( ASHFORD DEVElDPJIBNT CORPORATION MOST NORTHERLY CORNER OF LOT 19 N I 1 INCH = 50 FEET c Oo,jI C'~~ ~1- 1~ \ 19 1.....- \ PROPOSED AREA OF EXISTING UTILITY & DRAINAGE EASEMENT TO SE RELEASED - -... / ...... L - f)r\ - L-U /::,,:::: R - SOUTHERt Y LINE OF EXISTING UTILITY & DRAINAGE EASEMENT PROPOSED DESCRIPTION OF EASEMENT TO BE RELEASED That part of Lot 19, Slock 2, CROWN POINTE EAST, Anoka County, Minnesota, lying northeasterly of the following described *Line A* and southwesterly of the following , " q/..fl described "Line S," except the southeasterly 5.00 feet thereof as measured at a right angle to and parallel with the southeast line of said Lot 19. " ~ , , / 88.3 *Line A" is described as follows, commencing at the most northerly comer of said Lot '- 19; thence South 31 degrees 10 minutes 48 seconds West assumed bearing along the northwesterly line of said Lot 19 a distance of 137.07 feet to a point hereinafter referred to as "Point A"; thence South 09 degrees 22 minutes 42 seconds East a distance of 123.03 feet to the southeast line of said Lot 19 and said "Line A" there terminating. *Line S" is descril;>ed as beginning at said "Point A" thence south 25 degrees 37 minutes 41 seconds East a distance of 95.60 feet ta the southeast line of said Lot 19 and said "Line S" there terminating. Area of easement to be released is 1,446 square feet or 0.03 acres. T Ti'G T;1NT\ . l..JD D U . = Iron monument faund o = Iron monument set and marked Lot 19 Block 2 with license No. 18420. x 800.0 = Denates existing elevation , @Q;9> = Denotes proposed elevation from grade or development plan CROWN POINTE EAST ~ = Denotes drainage & utility easemen -- = Denotes drainage arrow i:!I = Denotes offset iron ANOKA COUNTY, MINNESOTA Bearings shown are assumed ---- 880 --- Denotes existing contours Sub ject to easements of record, if any. SOOK 301 PAGE 79 I hereby certify that this plan report prepared by I 1111 ~~anson " survey, or was , under direct and that I duly Registered , me or my superVISion am a -- A~s:C~f~c. ~ Land Surveyor under the laws of the State of Minnesota, c~{:~~se EngIneer.. Slrv.yors L l.ndscape I'rchlt.cts 222 Monroe Str..t, Anok.. H1n..sot~ 55303 i 04/05/98 612-427-5860 FAX 612-427-3401 103 p,.. St. N. MontIC.llo, Hlnnesot~ 55362 No, 18420 Date 612-295-5888 FAX 612-295-4488 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7,1996 DATE AGENDA 1\0 SECTION ORIGINATING DEPARTMENT Planning ~ BY: David L. Carlberg Planning Director APPROVED FOR AGENDA Discussion Item ITEM 1\0 I~, Adopt Ordinance No. 112 An Ordinance Regulating Planned Unit Developments The City Council is asked to review and approve the attached Ordinance No. 112, An Ordinance Regulating Planned Unit Developments. The proposed ordinance must be approved in conjunction with the approval of the amendment to Ordinance No.8, Sections 3.02, 4.18, 4.20 and 6.02, which was the previous item on the Council agenda. / The Planning and Zoning Commission reviewed the proposed ordinance on April 9, 1996 and recommends to the City Council approval of the ordinance. Please consult the staff report and the minutes from the April 9, 1996, Planning and Zoning Commission meeting. ) MOTION BY: SECOND BY: '- / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. ill AN ORDINANCE REGULATING PLANNED UNIT DEVELOPMENTS (PUDS) IN THE CITY OF ANDOVER. Section 1. PUl:pose. This Ordinance is intended to provide for and permit flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. This flexibility can be achieved by waiving or varying from the provisions of Ordinance No.8, the Zoning Ordinance, including lot sizes, setbacks, heights and similar regulations, while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the City of Andover and its inhabitants. Planned Unit Developments encourage: 1. Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and siting of structures and by the conservation and more efficient use of land in such developments; 2. Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects; / 3. More convenience in location and design of development and service facilities; 4. The preservation and enhancement of desirable site characteristics such as natural topography, geologic features and the prevention of soil erosion; 5. A creative use ofland and related physical development which allows a phased and orderly transition of land from rural to urban uses; 6. An efficient use ofland resulting in smaller networks of utilities and streets thereby lowering the development costs and public investments; 7. A development pattern in harmony with the Andover Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principles.) 8. A more desirable and creative environment than might be possible through the strict application of the zoning and subdivision regulations of the City. ,/ / Section 2. Definition Planned Unit Developments (PUDs) shall include all developments having two (2) or more principal uses or structures on a single parcel of land which shall include townhouses, single and two-family homes, apartment projects involving more than one (1) building, residential subdivisions submitted under density zoning provisions, multi-use structures, such as an apartment building with retail at ground floor level, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. Section 3. Zoning District Supplement. A Planned Unit Development (PUD) District is supplementary to a zoning district within or encompassing all or a portion or portions of one or more original districts in accordance with the provisions of this Ordinance and the Zoning Ordinance. As used in this Ordinance, the term "original district" shall mean a zoning district as described in Ordinance No.8, the Zoning Ordinance. Section 4. General Requirements and Standards. / 1. Ownership: An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the Approved Final Plan or Plat shall be binding on all owners. 2. Comprehensive Plan Consistency: The proposed PUD shall be consistent with the Andover Comprehensive Plan. 3. Sanitary Sewer Plan Consistency: The proposed PUD shall be consistent with the Andover Comprehensive Sewer Plan when applicable. 4. Ordinance Consistency: The proposed PUD shall be consistent with the intent and purpose of City Ordinance provisions relating to land use, subdivision and development. 5. Common Open Space: Common open space at least sufficient to meet the minimum density requirements established by the City shall be provided within the area of the PUD, except as provided in Subsection 9 below. / 6. Operating and Maintenance Requirements for PUD Common Open SpacelFacilities' Whenever and wherever common open space or service facilities are provided within a PUD, the PUD shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a pre-determined reasonable standard. Common open 2 " space and service facilities within the PUD may be placed under the ownership of one or more of the following, as approved by the City Council: - / a. Dedicated to public, where a community-wide use is anticipated and the City Council agrees to accept the dedication. b. Landlord control, where only use by tenants is anticipated. c. Property Owners Association, provided all of the following conditions are met: I. Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts, townhouses, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the City of Andover. Said filing with the City shall be made prior to the filings of said declaration or document with the recording officer of Anoka County, Minnesota. -, 2. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject said properties to the terms of said declaration. / 3. The declaration of covenants, conditions and restrictions shall provide that an owner's association shall be formed and that all owners shall be a member of said association which shall maintain all properties and common areas in good repair and which shall assess or charge individual property owners proportionate shares ofjoint or common costs. This declaration shall be subject to review and approval by the City Attorney. The intent of this requirement is to protect the property values of the individual owners through established private control. / 4. The declaration shall additionally, amongst other things, provide that in the event the association fails to maintain properties in accordance with the applicable rules and regulations of the City of Andover or fails to pay taxes or assessments on properties as they become due and in the event the City of Andover incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association, then the City of Andover shall have the right to assess each property its prorata share of said expenses. Such assessments, together with interest thereon and costs 3 '- _/ of collection, shall be a lien on each property against which each such assessment is made. 5. Membership ofthe association shall be mandatory for each owner and any successive buyer. 6. The open space restrictions shall be permanent and not for a given period of time. 7. The Association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities deeded to it. 8. Property owner must pay the prorata share ofthe cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. 9. The Association must be able to adjust the assessments to meet changing needs. . / 10. The by-laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan or plat. 7. Sta~in~ of Public and Common Open Space. When a PUD provides for common or public open space and is planned as a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD. 8. Density. The density of a PUD shall conform to the regulations of the zoning district in which the land and project are located, except that density increases of up to five (5%) percent (20% maximum total) may be allowed for each category listed below at the discretion of the City Council, as an incentive for the developer to include the following features hereby determined to be a benefit to the public. a. Significant undeveloped common open space. b. Significant improved common open space. / c. Distinctiveness and excellence in setting design and landscaping. 4 , d. Architectural style and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. ~/ 9. Sta~in& of Development. Whenever a PUD is to be developed in stages, no such stage shall, when averaged with all previously completed stages, have a residential density that exceeds one hundred and twenty-five (125%) percent of the proposed residential density of the entire PUD. 10. Utilities. All utilities shall conform to the design standards of Ordinance No.10, the Subdividing and Platting Ordinance and other applicable design standards on file with the City. All utilities, including, but not limited to, telephone, electricity, gas, and telecable shall be installed underground. 11. City Utilities. All city utilities including water, sanitary sewer, storm sewer and streets shall be designed, installed and maintained by the City in conformance with all city standards and practices. Utility easements shall be dedicated as required by the City. \ ) 12. Urban Development and Availability of Public Service. All development shall be carefully phased so as to ensure that it will not cause an unreasonable burden upon the City in providing services and utilities or cause a deleterious impact upon the natural environment. 13. Urban/Rural ServicinE Requirements. All developments will be carefully phased so as to ensure that all developable land will be accorded a present vested right to develop as such time as services and facilities will be granted approval in accordance with existing ordinances and development techniques. Lands which lack the available public facilities and services may be granted approval for the development, provided that all applicable provisions of this Ordinance, all City Ordinances and State Regulations are complied with. 14. Streets and Site Improvements. All streets and site improvements shall meet the design standards and regulations contained in Ordinance No. 10, the Platting and Subdividing Ordinance, unless otherwise approved by the City Council. ) 15. LandscapinE. In any PUD, landscaping shall be provided according to a plan approved by the City Council, which shall include a detailed planting list with sizes and species indicated as a part of the Final Plan. In assessing the landscape plan, the City Council shall consider natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD. 5 i / 16. Special Req..uirements and Standards. a. Residential Planned Unit Developments (Density Zoning;). 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of two (2 a.) acres. 2. Yards. a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. b. No building shall be located less than fifteen (15') feet from the back of the curb line along those streets which are part of the private internal street pattern. , c. No building within the project shall be located nearer to another building than one-half (l/2) the sum of the building heights of the two (2) buildings. " ) d. No building shall be located nearer than its building height to the rear and side property lines. b. Commercial or Industrial Planned Unit Developments. 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of two (2 a.) acres. 2. Yards. a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. b. No building shall be located nearer than its building height to the rear and side property lines. 3. Landscaping, Surfacing and Screening. 6 \ a. The entire site other than that covered by structures or bituminous surfacing shall be landscaped in compliance with this Ordinance and all other applicable City Ordinances. ; . ./ b. The entire site other than that taken up by structures or landscaping shall be surfaced in accordance with the standards on file in the office of the City Engineer. c. Developments abutting a residential district shall be screened and landscaped in compliance with the Zoning Ordinance and other applicable regulations. c. Mixed Use Planned Unit Developments. 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of two (2 a.) acres. 2. Yards. ) a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. b. No building shall be located nearer than its building height to the rear and side property lines. 3. Landscaping, Surfacing and Screening. a. The entire site other than that covered by structures or bituminous surfacing shall be landscaped in compliance with this Ordinance and all other applicable City Ordinances. b. The entire site other than that taken up by structures or landscaping shall be surfaced in accordance with the standards on file in the office of the City Engineer. c. Developments abutting a residential district shall be screened and landscaped in compliance with the Zoning Ordinance and other applicable regulations. J 17. Sign Requirements. Signs shall be regulated and conform to the standards set out in Ordinance No.8, Section 8.07. All signs shall be shown on the Final Plan. 7 18. Special Protection Districts. Planned Unit Developments involving land within the Flood Plain, Shoreland Management or Scenic River Districts shall be subject to the provisions of those ordinances regulating said distri cts. Section 5. Application. Review and Administration. The general sequence for application, review and action on a PUD shall be the same as platting a property as specified in Ordinance No. 10, the Platting and Subdividing Ordinance. A Special Use Permit shall be required. Application for the Special Use Permit shall be made as specified in Ordinance No.8, Section 5.03 and shall be made in conjunction with the filing of the Preliminary Plat Application. Section 6. Violation and Penalty. 1. Misdemeanor. Any person, firm or corporation violating any ofthe provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as 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 and regulations, to enforce this ordinance, including, without limitation, injunction. Section 7. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. Passed by the City Council of the City of Andover this 7th day of May , 1996. CITY OF ANDOVER ATTEST J.E. McKelvey, Mayor Victoria V olk, City Clerk J 8 Regular Andover Planning and Zoning Commission Meeting Minutes - April 9, 1996 Page 4 ( / (Public Hearing: Amend Oridnance No.8, Sections 3.02, 4.20, Planned Unit Developments, Continued) 6.02, 4.18 and .--- MOTION by Wells, Motion carried on public testimony. Seconded by Luedtke, to open the public hearing. a 6-Yes, l-Absent (Apel) vote. 7:45 p.m. There was no MOTION by Barry, Seconded/by Putnam, to close Motion carried on a es, l-Absent (Apel) vote. the public hearing. 7:45 p.m. on agreed to ciiscl!ssthe~onext-agenda.-i.t;emr -t.he._.p-r:.~sed ~=fOY-PIanned -Unit Developments, before acting on this item. DISCUSSION: ORDINANCE NO. 112, AN ORDINANCE REGULATING PLANNED UNIT DEVELOPMENTS Mr. Carlberg reviewed the update to the proposed ordinance since th.~ last meeting: Page 3, Section 4, was reviewed by legal counsel, who recommended no change. Page 5, Items 10 and 11 have been written to require all city utilities to be designed, installed and maintained by the City in conformance with all Ci~y standards and practices. The concern of Public Works and the City Engineer was that of responsibility if there are private associations and private sewer and water systems in 'the planned unit developments. As proposed, the City would maintain / those systems as it does throughout the rest of the City. This specifically refers to the municipal systems, not private septic systems. Discussion was on the issue of density. Mr. Carlberg noted as written, the City Council would have total discretion over the density, up to a maximum 20 percent increase based on the four criteria outlined under Item 8. The ordinance allows a lot of flexibility and ability to negotiate with the developer in these developments. Chairperson Squires noted this can be a good tool, but it can also create a lot of discontent among the residents who have moved to the City with a good understanding of what will happen in the surrounding area only to find out there was an underlying PUD in that area that proposed something entirely different. People making inquires about the zoning of properties surrounding an area they are considering to live should b~ made aware of any proposed PUD plans so they are not surprised by what takes place after they move in. Commissioner Wells was concerned with the issue of notification of only 350 feet in the R-l districts. With lots frontages of 300 feet, very few people who are affected receive official notification of public hearings. She hoped to see that 350-foot requirement increased, especially in the rural area. Mr. Carlberg explained the City is legally required to notify property owners within 350 feet. Any further \area included in the notification would be arbitrarv. Notices are also , Jplaced in the Anoka Union, plus he has found that the word does spread throughout neighborhoods so people are made aware of any proposal. Also, Staff often holds informational neighborhood meetings. Regular Andover Planning and Zoning Commission Meeting Minutes - April 9, 1996 Page 5 / (Discussion: Ordinance No. 112, An Ordinance Regulating Planned Unit Developments, Continued) Chairperson Squires agreed the issue is how far to notify people. Notification could be a tremendous burden for the Staff. That issue should be considered at another time rather than in this particular ordinance. In other discussion, Mr. Carlberg noted there is considerable reference to the platting ordinance. He felt this type of development will be more popular in the urban area, as the developers are saying 2 1/2-acre lots are easier to market than one-acre lots. Commissioner Peek asked what would happen to a planned unit development of clustered housing in a rural area when city utilities come through. Does the PUD become null and void? Mr. Carlberg stated the covenant for the PUD would be in place and would stay in place unless the people want to change it. It takes 51 percent of the people in the area to release that covenant. A concern of the people buying those lots will be if the open space will be preserved indefinitely or will it be allowed to develop in the future. Normally covenants are determined between th" buyers and the developers; however, the development agreement with the City often includes those same things. ) MOTION by Peek, Seconded by Wells, to forward to the Andover City Council the recommendations for approval for Ordinance No.8, Section 3.02, 4.18, 4.20 and 6.02 as presented by Staff and Ordinance No. J12 as presented by Staff wi th the recommendation for approval. A public hearing was held and there was absolutely no comment. Motion carried on a 6-Yes, 1-Absent (Apel) vote. OTHER BUSINESS Mr. Carlberg updated the Commission on the actions of the City Council at their April 2, 1996, regular meeting. There was also a discussion on the role of the Commission as advisors to the Council and the need to consider applications based on the ordinances or City policy and what is in the best interest of the City rather than from a personal standpoint. Respecting the opinions of others was also stressed. MOTION by Wells, Seconded by Putnam, to adjourn. Motion carried on a 6- Yes, 1-Absent (Apel) vote. The meeting was adjourned at 8:23 p.m. ;:,esp~ ~,a A. Peach, Recording Secretary CITY OF ANDOVER REQUEST F,OR PLANNING COMMISSION ACTION DATE Aoril9. 1996 AGENDA ITEM 6. Discussion - Ordinance No. 112 An Ordinance Regulating Planned Unit Developments ORIGINATING DEPARTMENT David L. Carlberg BY: Planning Director APPROVED FOR AGENDA BY': -e- Planning The Planning and Zoning CQmmission tabled this item at the March 26, 1996 meeting to allow staff to respond to the comments and concerns of the Commission as stated in the attached minutes from the March 26, 1996 meeting. Staff has forwarded the Ordinance to the City Attorney for review as requested by the Commission. Staff will present the comments from legal counsel at the meeting. , , ) / J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. ill AN ORDINANCE REGULATING PLANNED UNIT DEVELOPMENTS (PUDS) IN THE CITY OF ANDOVER. Section 1. Pm:pose. This Ordinance is intended to provide for and permit flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. This flexibility can be achieved by waiving or varying from the provisions of Ordinance No.8, the Zoning Ordinance, including lot sizes, setbacks, heights and similar regulations, while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the City of Andover and its inhabitants. Planned Unit Developments encourage: 1. Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and siting of structures and by the conservation and more efficient use of land in such developments; 2. Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects; / 3. More convenience in location and design of development and service facilities; 4. The preservation and enhancement of desirable site characteristics such as natural topography, geologic features and the prevention of soil erosion; 5. A creative use ofland and related physical development which allows a phased and orderly transition ofland from rural to urban uses; 6. An efficient use ofland resulting in smaller networks of utilities and streets thereby lowering the development costs and public investments; 7. A development pattern in harmony with the Andover Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principles.) 8. A more desirable and creative environment than might be possible through the strict application of the zoning and subdivision regulations of the City. j I Section 2. Definition. Planned Unit Developments (PUDs) shall include all developments having two (2) or more principal uses or structures on a single parcel of land which shall include townhouses, single and two-family homes, apartment projects involving more than one (1) building, residential subdivisions submitted under density zoning provisions, multi-use structures, such as an apartment building with retail at ground floor level, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. Section 3. Zonin2 District Supplement. A Planned Unit Development (PUD) District is supplementary to a zoning district within or encompassing all or a portion or portions of one or more original districts in accordance with the provisions of this Ordinance and the Zoning Ordinance. As used in this Ordinance, the term "original district" shall mean a zoning district as described in Ordinance No.8, the Zoning Ordinance. Section 4. General Requirements and Standards. \ ) I. Ownership: An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the Approved Final Plan or Plat shall be binding on all owners. 2. Comprehensive Plan Consistency: The proposed PUD shall be consistent with the Andover Comprehensive Plan. 3. Sanitary Sewer Plan Consistency: The proposed PUD shall be consistent with the Andover Comprehensive Sewer Plan when applicable. 4. Ordinance Consistency: The proposed PUD shall be consistent with the intent and purpose of City Ordinance provisions relating to land use, subdivision and development. 5. Common Open Space: Common open space at least sufficient to meet the minimum density requirements established by the City shall be provided within the area of the PUD, except as provided in Subsection 9 below. '. J 6. Operatin2 and Maintenance ReQ...uirements for PUD Common Open Space/Facilities. Whenever and wherever common open space or service facilities are provided within a PUD, the PUD shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a pre-determined reasonable standard. Common open 2 ,. space and service facilities within the PUD may be placed under the ownership of one or more of the following, as approved by the City Council: a. Dedicated to public, where a community-wide use is anticipated and the City Council agrees to accept the dedication. b. Landlord control, where ~nly use by tenants is anticipated. c. Property Owners Association, provided all of the following conditions are met: 1. Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts, townhouses, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the City of Andover. Said filing with the City shall be made prior to the filings of said declaration or document with the recording officer of Anoka County, Minnesota. J 2. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject said properties to the terms of said declaration. 3. The declaration of covenants, conditions and restrictions shall provide that an owner's association shall be formed and that all owners shall be a member of said association which shall maintain all properties and common areas in good repair and which shall assess or charge individual property owners proportionate shares of joint or common costs. This declaration shall be subject to review and approval by the City Attorney. The intent of this requirement is to protect the property values of the individual owners through established private control. , , / 4. The declaration shall additionally, amongst other things, provide that in the event the association fails to maintain properties in accordance with the applicable rules and regulations of the City of Andover or fails to pay taxes or assessments on properties as they become due and in the event the City of Andover incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association, then the City of Andover shall have the right to assess each property its prorata share of said expenses. Such assessments, together with interest thereon and costs 3 of collection, shall be a lien on each property against which each such assessment is made. J 5. Membership of the association shall be mandatory for each owner and any successive buyer. 6. The open space restrictions shall be pennanent and not for a given period of time. 7. The Association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities deeded to it. 8. Property owner must pay the prorata share of the cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. 9. The Association must be able to adjust the assessments to meet changing needs. i '- / 10. The by-laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan or plat. 7. Staging of Public and Common Open Space. When a PUD provides for common or public open space and is planned as a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD. 8. Density. The density of a PUD shall confonn to the regulations of the zoning district in which the land and project are located, except that density increases of up to five (5%) percent (20% maximum total) may be allowed for each category listed below at the discretion of the City Council, as an incentive for the developer to include the following features hereby detennined to be a benefit to the public. a. Significant undeveloped common open space. b. Significant improved common open space. c. Distinctiveness and excellence in setting design and landscaping. 4 ., / d. Architectural style and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. 9. Sta2in20fDevelopment. Whenever a PUD is to be developed in stages, no such stage shall, when averaged with all previously completed stages, have a residential density that exceeds one hundred and twenty-five (125%) percent of the proposed residential density of the entire PUD. 10. Utilities. All utilities shall conform to the design standards of Ordinance No.10, the Subdividing and Platting Ordinance and other applicable design standards on file with the City. All utilities, including, but not limited to, telephone, electricity, gas, and telecable shall be installed underground. 11. City Utilities. All city utilities including water, sanitary sewer, storm sewer and streets shall be designed, installed and maintained by the City in conformance with all city standards and practices. Utility easements shall be dedicated as required by the City. ) 12. Urban Development and Availability of Public Service. All development shall be carefully phased so as to ensure that it will not cause an unreasonable burden upon the City in providing services and utilities or cause a deleterious impact upon the natural environment. 13. UrbanIRural Servicing Requirements. All developments will be carefully phased so as to ensure that all developable land will be accorded a present vested right to develop as such time as services and facilities will be granted approval in accordance with existing ordinances and development techniques. Lands which lack the available public facilities and services may be granted approval for the development, provided that all applicable provisions of this Ordinance, all City Ordinances and State Regulations are complied with. 14. Streets and Site Improvements. All streets and site improvements shall meet the design standards and regulations contained in Ordinance No. 10, the Platting and Subdividing Ordinance, unless otherwise approved by the City Council. " 15. Landscapinll. In any PUD,landscaping shall be provided according to a plan approved by the City Council, which shall include a detailed planting list with sizes and species indicated as a part of the Final Plan. In assessing the landscape plan, the City Council shall consider natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD. 5 / 16. Special Requirements and Standards. a. Residential Planned Unit Developments (pensity Zonin~). 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of tWo (2 a.) acres. 2. Yards. a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. b. No building shall be located less than fifteen (15') feet from the back of the curb line along those streets which are part of the private internal street pattern. '. c. No building within the project shall be located nearer to another building than one-half (1/2) the sum of the building heights of the two (2) buildings. j d. No building shall be located nearer than its building height to the rear and side property lines. b. Commercial or Industrial Planned Unit Developments. 1. Required Frontage and Minimum Project Size. The tract ofland for which a project is proposed and permit requested shall not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of two (2 a.) acres. 2. Yards. a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. b. No building shall be located nearer than its building height to the rear and side property lines. 3. Landscaping, Surfacing and Screening. , / 6 \ a. The entire site other than that covered by structures or bituminous surfacing shall be landscaped in compliance with this Ordinance and all other applicable City Ordinances. . / b. The entire site other than that taken up by structures or landscaping shall be surfaced in accordance with the standards on file in the office of the City Engineer. c. Developments abutting a residential district shall be screened and landscaped in compliance with the Zoning Ordinance and other applicable regulations. c. Mixed Use Planned Unit Developments. 1. Required Frontage and Minimum Project Size. The tract ofland for which a project is proposed and permit requested shall not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of two (2 a.) acres. 2. Yards. " a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. , ./ b. No building shall be located nearer than its building height to the rear and side property lines. 3. Landscaping, Surfacing and Screening. a. The entire site other than that covered by structures or bituminous surfacing shall be landscaped in compliance with this Ordinance and all other applicable City Ordinances. b. The entire site other than that taken up by structures or landscaping shall be surfaced in accordance with the standards on file in the office of the City Engineer. c. Developments abutting a residential district shall be screened and landscaped in compliance with the Zoning Ordinance and other applicable regulations. . / 17. Si~ Requirements. Signs shall be regulated and conform to the standards set out in Ordinance No.8, Section 8.07. All signs shall be shown on the Final Plan. 7 '. 18. Special Protection Districts. Planned Unit Developments involving land within the Flood Plain, Shoreland Management or Scenic River Districts shall be subject to the provisions of those ordinances regulating said districts. ./ Section 5. Application. Review and Administration. The general sequence for application, review and action on a PUD shall be the same as platting a property as specified in Ordinance No. 10, the Platting and Subdividing Ordinance. A Special Use Permit shall be required. Application for the Special Use Permit shall be made as specified in Ordinance No.8, Section 5.03 and shall be made in conjunction with the filing of the Preliminary Plat Application. Section 6. Violation and Penalty. 1. Misdemeanor. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as 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 and regulations, to enforce this ordinance, including, without limitation, injunction. Section 7. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. Passed by the City Council of the City of Andover this day of ,1996. CITY OF ANDOVER ATIEST J.E. McKelvey, Mayor Victoria V olk, City Clerk . ) 8 y CITY of ANDOVER 1685 CROSSTOWN BOUlEVARDN.W. · ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION lIBBTING - MARCH 26, ~996 MINUTBS The Regular Bi-Monthly Meeting. of the Andover Planning and Zoning.. .:.. Commission was called to order by Chairperson Jay Squires on March 26, J.996, 7:00 p.m. at the Andover City..Hall, J.685 Crosstown Boulevard NW,.. Andover, Minnesota. . Commissioners present: Commissioner absent: Also present: Maynard Apel, Lynette Berry, Jeffrey Luedtke, J~rry Putnam, Lorna Wells Randy Peek City Planning, Jeff Johnson City Planning Director, David Carlberg Others APPROVAL OF MINUTBS March 12, 1996: Page 1, Correct Commissioners present: "Jerry Putnam". MOTION by Luedtke, Seconded by Berry, to approve the Minutes as changed. Motion carried on a 5-Yes, J.-Present (Apel), 1-Absent (Peek) vote. . ". i. '-""UBLIC HEARING: DEVELOPMENTS AMEND ORDINANCB NO.8, SBCTION 4. ~ 8, PLANNED UNIX. 7:02 p.m. Mr. Carlberg explained the hearing is to amend Ordinance 8, Sections 3.02, Definitions; 4.18, Planned Unit Developments; and 4.20,. Density Zoning, in conjunction with the proposed new Ordinance No. J.J.2 regulating PUDs. He also asked the Commission to discuss the minimum.. lot size requirements for PUDs in the R-4 and R-5 zoning districts which. are currently in Ordinance 8, Section 6.02. Should the City leave those minimums, take them out and let the developer propose minimum lot sizes, ..._ or add minimums for the R-J., R-2, and R-3 zones as well. Mr. Carlberg. explained the amendments to the sections in Ordinance 8 are housekeeping to correlate with the proposed PUD Ordinance.. Page 5 of the proposed Ordinance J.J.2, Section J.J., b, requires maintenance and cleaning to be the responsibility of the property owners' association or owner. Public Works is reviewing that section to be sure there will be no problem with the City being able to maintain the sewer lines. That issue has not yet. been resolved. This ordinance also depends on the platting and subdividing ordinance procedure for development. The City attorney has not reviewed the proposals. . Chairperson Squires noted there . are specific regulations and requi~ements covering common areas and restrictive covenants, and he felt it would make sense to be sure what the City is requiring is ,onsistent with those regulations. He specifically related to the items -6nde~ c. on Page 3. Mr. Carlberg stated he will have legal counsel review that section. ..... . .~ " Regular Andover Planning and Zoning Commission Meeting Minutes - Maarch 26, 1996 Page 2 , I -(Public Hearing: Amend Ordinance 8, PUDs, Continued) MOTION by Berry, Seconded by Wells, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Peek) vote. 7:12 p.m. Bvron Westlund. Woodland Development Corcoration - stated they reviewed the ordinance and feel it would be workable with the City. They are in favor of it as proposed. They have done PODs in Oak Grove and Ham Lake, and it has worked out very well. Commissioner Apel asked his opinion of requiring minimum lot sizes in the zoning districts. Mr. Westlund - stated their'units are larger, so that is not a problem. In other communities, the minimum lot size is based on the livability requirements. The footprint of the building includes a primary septic system and an alternate. The 39,000 square-foot code is adequate and is a good size for a house plus a primary and alternate septic system. In the condominium approach, they could sell the footprint of the building. People buy the building and the rest is common space that is taken care of by the association. That is how they have developed Maj estic Oaks in Ham Lake, and that has been very successful. All of their PODs in Ham Lake and Oak Grove have been in rural areas with septic systems. By requiring a minimum lot size, such as one acre in the rural area, that kind of development is eliminated. Many people do not want to take care of anything other thpn the building itself. People are looking at 'ifferent amenities, and the open spaces do draw clientele. There are no maintenance problems by the associations. The most difficult is keeping the dues realistic, covering the start-up costs, and having an amount reserved for emergency situations. MOTION by Putnam, Seconded by Luedtke, to close the public hearing. Motion carried ort a 6-Yes, l-Absent (Peek) vote. 7:25 p.m. Commissioner Apel felt the minimum lot size issue should become part of the contract in the negotiations between the developer and the City. Some may want a minimum lot size, but it is easier to go with the condominium concept, which is used often. Mr. Carlberg wondered if there would be a legal issue with negotiating a POD with minimums that are less than the ordinance now requires for Zones R-4 and R-S. He again noted the purpose of allowing PUDs is to preserve some natural amenity on the property. The intent is not to cram as many lots as possible on a parcel. Commissioner Wells stated she would like to see some minimum in the rural areas, to stay within the 39,000 square feet, because of the well and septic systems. Commissioner Apel argued in order for developers to take advan~age of the POD option and to save open spaces, there must be a list of trade offs. Mr. Westlund stated otherwise a portion of the market is eliminated. The size requirements vary among cities. Some are 10,000 square feet; some 20,000, and some 30,000 square feet. Commissioner Putnam wanted to 'e careful not to eliminate the types of legal ownerships available to ' Duilders and developers. In discussing the options further, Chairperson Squires asked if there are other City ordinances that would dictate defacto minimum lot sizes if they are not specifically stated in the Regular Andover Planning and Zoning Commission Meeting Minutes - Maarch 26, 1996 Page 3 , I '- (Public Hearing: Amend Ordinance 8, PUDs, Continued) table in Section 6.02 or in the PUD 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 PUDs 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 to 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 PUD 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 'ommission 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, 1-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, 1-Absent (Peek) vote. . PUBLIC HEARING: ANTENNA/TOWER REGULATION ORDINANCE 7:54 p.m. Mr. Johnson reviewed the impetus for the proposed ordinance 'nd highlighted some of the provisions to regulate the construction of cintennas and towers in the City. The placement of antennas or towers on public or City-owned property would require a Special Use Permi~ and a lease agreement. Regular Andover City Council Meeting Minutes - March 6, 1996 Page 10 , ~J (Street Lighting/IP94-33/Commercial Boulevard, Continued) MOTION by Knight, Seconded by Dehn, and installation; and go with the watts high pressure sodium lights. to go with the Anoka Electric lights second option style lights of 150 Motion carried unanimously. COMMERCIAL PARK/SOUTH ANDOVER SITE STREET LAYOUT Mr. Erickson described a proposed layout of the streets for the South Andover site. The site and the type of development does not lend itself to using cul-de-sacs. The proposal is to drop the frontage road down to allow a tier of businesses between the road and Bunker Lake Boulevard. That proposal can potentially delay the construction of the frontage road until all of the property is purchased, but it is felt it would be the best overall layout for the area. Businesses would have access from the frontage road but would be designed to also be attractive from the Bunker Lake Boulevard side. The proposal also calls for landscapinq the ponding areas to provide a more aesthetically pleasing area. Mr. Carlberg explained part of the site plan review process will be to be sure the businesses will have a nice appearance from Bunker Lake Boulevard. Staff feels this is a better design for the service road. Mr. Fursman stated Staff has discussed the possibility of a temporary / entrance onto Bunker Lake Boulevard until the property can be acquired for the frontage road to accommodate development. That temporary access would be closed once the frontage road is completed. Mr. Erickson stated they would still construct Commercial Boulevard this summer and grade all of the property owned by the City. He asked the Council to move to include the site grading with the Commercial Boulevard project and to accept the street layout as presented this evening with the curvilinear streets. MOTION by Knight, Seconded by Dehn, to so move. unanimously. Motion carried PLANNED UNIT DEVELOPMENT DISCUSSION Mr. Carlberg explained the Planning and Zoning Commission discussed the planned unit development concept. The Council had proposed no increase in density with for PUDs; however, the Planning Commission believes that unless there is a provision for density increases, developers will not utilize that form of development. Councilmember Jacobson stated his major concern is to make sure there is a lot of green space. He does not want to jam a lot of people into a small area with very little green space. After listening to the Planning Commission'S discussion, he stated he has changed his position , and would be willing to allow a 10 or 15 percent increase in density for / PUDs. It was his understanding the discussion is on clustered housing, as opposed to the PUD concept of more than one use on a parcel. He also envisioned houses clustered closer together on large deep lots creating Regular Andover City Council Meeting Minutes - March 6, 1996 Page 11 \ / (Planned Unit Development Discussion, Continued) the open space behind. Many of the lot width and setback requirements would be flexible. Mr. Carlberg stated the PUD ordinance would refer to both types of developments, clustered housing with flexibility on density and multiple uses on a parcel. He will also be sure a PUD of clustered housing does not automatically permit multiple uses on the property. The criteria for each type of development will have to be clearly defined. Councilmember Knight suggested a density increase be based on acreage. Ten acres would allow 1 more unit; 20 acres would allow 2 more; 30 acres would allow 3 mor.e units, etc. He felt clustering on PUDs would have some attraction because there are less costs involved to the developer and that there would be an advantage to having a large community lawn. Would the green space be untouched or improved? Mr. Carlberg stated normally they are left natural, but the City has the option to do other things. The care and maintenance of the green spaces would probably be done by an association. It would also have to be protected from further development by covenants. He will continue working on a PUD ordinance or zoning ordinance amendment that will allow some density increase. The Council agreed. ,. ( CHANGE STATUS/MECHANIC J MOTION by Knight, Seconded by Kunza, to move as presented. (change the temporary part-time status of the mechanic to full time) DISCUSSION: Councilmember Jacobson was concerned that a lot of people have been added to the City's Staff the last few years. He suggested Staff look at turning this into a profit center for the City. Once Staff has caught up on the City's work, look at doing work for other cities as a means of bringing in revenue for the position and to the City. He would not be opposed to this proposal if by the end of the year it can be shown there is some other source of income from that position. Frank Stone, Public Works Superintendent, pointed out the hourly rate in the Council's memo is incorrect. It should be $14.32. If this person can become full time for the rest of the year, he can talk with the other cities to determine if there is a need. Right now there is enough work in the City to keep this person busy. If there is an opportunity to hire out, he will do it. Motion carried unanimously. ORDER PLANS AND SPECIFICATIONS/IP96-6/MISCELLANEOUS CONCRETE CURB AND GUTTER REPAIR Mr. Erickson explained in the past this has been done as routine maintenance. As the City is getting older, there are more and more curbs that need to be replaced. Staff is proposing to get bids to get a lower price on this work. Preparing final plans and specifications is I the process to obtain those bids. \ CITY OF ANDOVER REQUEST FOR COUNCIL AcrION May 7,1996 DATE AGENDA N:). SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM N:). Discussion: Antenna Tower Regulation Ordinance and Tower Lease Agreement Planning ~ Jeff Johnson ~ T( 3. 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. Revisions have been made since our last discussion - please comment. If it is the intention of the Council to allow the telecommunication (cellular) towers to be located in our parks, the Park and Recreation Board would like to have an opportunity to discuss this issue at their next meeting. If the Council does not want to allow this type of tower in our parks we may have to resort to our water towers, large residential lots and commercial areas. 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. MOTION BY: SECOND BY: - , Towers are technology's unsightly addition to suburbs j By Norman Draper Star Tribune Stan" \ Vr;ter J -. The Cellular One computerized rendering of its new structure superimposed over Robhinsdale's downtown made quite a gut,level impression in late 1994. . . Once city officials saw iI, .we Sort of got a big knot in our stom- ach.. said city planner Bill Deblon. ,.' The object of such discomfort was a 100'fOot-tall cellular phone tower to be located smack. in the middle of downlown. What was particularly galling to city officials was the prospect of having to deal wilh such a pOlential eyesore hard on the heels of a $1.7 million downtown "strcetscapc" project complete with fake cobblestone bricks. new trees. benches. ban~ nees, streetcar-era lighting and a clock tower. "They were showing us how wonderful it was going to look, and we said. 'You've got to be kid, ding,' . Deblon saId. City officials quickly decided the tower didn'c fit into the theme of the new Robbinsdale, and they negoliated Wilh Cellular One 10 drop it and move its antennas onto a city water tower. where l~yweren't as oblrusive. "Twin Cities suburbs are dis. cdvering that the information su- perhighway has its own roadside clutter - an assortment of rowers oeeded to relay phone. pager. computer and fax signals. Some towers are already up, but lhey cbuld mark jusI lhe beginning. MOre antennas will be needed to accommodate an increasing high- le,h communications demand. Plus. new communications tech. no logy may well require more aritennas, and the picture will be fUIlher crowded as lhe Federal Communications Commission licenses more high-lech compa- nies that want to get in on the action. Also. the new telecommunica_ tions law signed this year by Presi, dent Clinton makes it lougher for communities (0 control the place- ment of communications towers they might nor wanl. . One company told Blooming, Ion officials thaI it planned to erect seven antenna towers in the city. Six have gone up in the pasl -few years. \ J Turn to TOWERS on 86 S"'B- ~llii'~,~~ ~ /li/)L- ') STJhZ-7f2-rf)UV( -/tf)(:.../ L 3 L~ 19 C{ ((~ , , j TOWERS from 81 Antennae are technology's uncomely addition to suburbs / Minnetonka has had a rash of applications for antenna sites. Robbinsdale has had many addi- tional inquiries about such sites, and telecommunications compa- nies have been scouting out other suburban locales, looking for places to put towers and scoping out local zoning regulations. :. _Medina zoning administrator Loren Kohnen said he had just gotten off the phone with a wom- an who asked him what the city would allow in terms of wireless communications towers. In Oro- no, the City Council rejected a request for antenna space a few weeks ago, even though they were to be affixed to the city water tower. : "Our council had said it might be open to doing something like that as long as it wasn't unsightly," said City Administrator Ron ~Ioorse. "But this was something beyond what they said they would approve. ' As a result of what appears to be the beginning of a stampede for suburban antenna space, several communities - Bloomington, Robbinsdale and Maplewood among them - have enacted moratoriums on such towers until they can figure out how to control them. Others are tinkering with ordinances or talking with com- munities that already have ordi- nances to compare notes. The primary objection is ap- pearance. A tower taller than the highest trees with a cluster of . antennas on top is not something a lot of suburban homeowners / want to see. There is also a safety concern: What if high winds top- ple them? The concern has be- come widespread enough that the League of Minnesota Cities set up a task force to study the situation. "Now, there's a new generation of wireless communications that's going to require many, many more facilities," said Ann Higgins, the league's intergovernmental rela- tions representative. "Some of them are going to be intrusive, and some not so intrusive.. . . The bot- tom line is there are going to be a lot more of these things scattered around on the landscape." Companies try to cooperate Communications officials say they try their best to accommo- date community concerns and put their antennas or satellite dishes on existing structures when possi- ble. "We're always trying to blend into the surrounding area the best we can," said Dee Austin. AT&T Wireless Services spokeswoman. "Buf sometimes it just doesn't work out the way you'd like to see it work." Plus, Austin said, the increasing competition that will result in more towers will also likely lead to lower prices for consumers. The tower design most favored by high-tech companies these days is a single pole, 80 to 150 feet tall. that bristles at the top or on the sides with antennas. Satellite dishes might also be affixed to them. Sometimes, the tower can be dispensed with and the anten- nas fitted onto existing structures. Such antennas are not consid- ered to be much of a problem in Minneapolis or St. Paul because many are attached to buildings. "If you've got tall buildings, nobody's going to notice putting I5-foot antennas on them," said St. Paul city planner Roger Ryan. In the suburbs, they can be far' : more visible. Maplewood residents. squawked late last year when a , tower about ISO feet tall was pro- i posed on the edge of a new resi- "1 dentialarea. . .':, The City Council denied the 1 request and enacted its mora to- ',I rium. In some cases, even attach- ' ing the antennas to water towers won't stop complaints from neighbors about the effect on the ( area's aesthetics. j "They thought the water tower " was ugly enough," said Minne- ! tonka City Attorney Desyl Peter- son. "So why put these little things) sticking up from it?" \ Still, some cities reap financial , rewards by leasing water tower 1 space to communications com- \ panies. Burnsville has leased space for antennas on its three water towers. One of them is cov- ered with 50 antennas. "It kind oflooks like the top of a pincushion," said Burnsville tech- nical services director Iinda Gloor. Robbinsdale gets $10,000 a year from the lease of its water tower. Plus, it's suburban residents themselves who have contributed to the need for all these towers. "We're all contributing our own problems with the use of technol- ogy," said Maplewood Mayor Gary Bastian. , I ORDINANCE NO. ill AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF PRIVATE AND COMMERCIAL ANTENNAS AND TOWERS Section 1. Pm:pose and Objectives: The purposes and objectives ofthis 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 of the 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, TVRO'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. (t) 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. J Public Property - Land owned or operated by a municipal government entity (City of Andover). Tower - Any pole, spire, or structure (excluding structures required for the transmission of electric energy), 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 of the building or structure. j 2 If no existing structure which meets the height requirements for the antennas is available for mounting the antennas, the antennas may be mounted on pole(s) not to exceed one hundred and fifty (150) feet in height provided that pole(s) are setback from all property lines at a distance equal or greater to the height ofthe pole(s), 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. Existing 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. 1 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. 3 / 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. Fencing to be approved by City Council. 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 or allowed by the City, 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 repalf. 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 (other than during repair or construction), extend across or over any part of a street, sidewalk or alley. I 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. 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. '\ / 4 j 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. Telecommunication towers/antennas shall be constructed, installed, located or maintained on public property and residential parcels of land greater than twenty (20) acres provided that that the antenna/tower is installed or placed at a minimum of five hundred (500) feet from any platted residential subdivision(s). All telecommunication towers and antennas to be installed are required to meet landscaping and screening requirements and standards to be acceptable and approved by City Council. The landscaping and screening must be compatible with the surrounding character, buildings and landscape. Section 8. Variances. Variances from the literal provisions ofthis 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 11. Penalty. " J (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. 5 j (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. Adopted by the City Council of the City of Andover on this _ day of ,1996. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J.E. McKelvey, Mayor ) \ j 6 LEASE AGREEMENT J 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 of this 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). \ 2. TermlRenewals. The term of this 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. ) 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 ofthe 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. 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. c. 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 ofthis Lease. This use shall be non-exclusive. Tenant's use shall consist of antennae on the side ofthe 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. 5. 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 2 / 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 ofthe 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 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. \ J 3 '. / 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. \ I / 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 of the 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. 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. 4 / / \ ) 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. 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 govemmental 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. 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. Ifthe 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. 14. 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 5 '. . / / 15. 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 of the Property; or by Landlord ifit 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 ofthe date oftermination, 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. Liq.uidated 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. 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 Ten ant, 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. 6 \ , 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 ofthe parties shall cease as of the date of the damage or destruction and Tenant shall be entitled to the reimbursement of any rent prepaid by Tenant. 19. 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 ofthe date of the damage or destruction and Tenant shall be entitled to the reimbursement of any rent prepaid by Tenant. 20. Condemnation. In the event the whole of the 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 / 7 " , / 21. " 22. ) 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 ofthe 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. 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. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Premises, herein, will not generate and it will not store or dispose on the Property nor transport to or over the property any hazardous substance except as described hereafter: . Tenant further agrees to hold Landlord harmless 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. 8 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: I / If to Landlord, to: If to 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 Tenant, as long as Tenant remains obligated on the Lease. Any approved sublease that is entered into by Tenant shall be subject to all ofthe 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. 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 '\ I 9 ; j Landlord: By: By: Tenant: By: 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 ofthis Lease, which shall continue in full force and effect. This Lease was executed as of the date first set above. City of Andover Jack McKelvey, Mayor Victoria V olk, City Clerk Its General Manager 10 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 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 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7, 1996 DATE AGENDA 1'.0. SECTION Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM 1'.0. Planning 1 ~--- ~. Rezoning - R-l to R-4 Sections 25 & 36 Shadowbrook - Bunker LLC, Inc. David L. Carlberg Planning Director BY: The City Council is asked to review and approve the rezoning request of Bunker LLC, Inc. to rezone the property legally described on the attached amendment to Ordinance No.8 from R-l, Single Family Rural to R-4, Single Family Urban. Background "- ) For background information on the rezoning request, please consult the staff report and the minutes from the April 23, 1996, Planning and Zoning Commission meeting. Planning & Zoning Commission Recommendation The Planning and Zoning Commission reviewed the rezoning request on April 23, 1996 and recommends to the City Council approval of the attached amendment to Ordinance No.8, the Zoning Ordinance. The Commission made the approval contingent upon the approval of the Metropolitan Urban Service Area (MUSA) expansion to the property. \ '. .J MOTION BY: SECOND BY: '\ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: The District Zoning Map of the City of Andover is hereby amended as shown on the attached map, showing the following rezoning: The property legally described on Exhibit A is rezoned from R-l, Single Family Rural to R-4, Single Family Urban NOTE: All other Sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover this 7th day of Mav , 1996. " j CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk \ j . . 1" -'" ( (, \ ,~ \' j..-' \ ~ "> I c..- '" / ~ (~I... }..........) .. :,", "". M " " 01 . ^ / -t ~ - ~ ~~. "'"0 '.,". ',... ~~..., , ~ .... '" -\ '< \ ...t 1_ " 0 _ 1'2NO ..V'~ H* "~..3 (JJ ~ ,t, ~r." u , ,. ..,..- ~~~!... !SOTM ~ ... ~""'MII€_ "'T"~ ... 14fT" .-..: NW BARNES ROLLING OAKS ....T)t .w!:. MW ,- ...,TH AVE_ .... ...TM .wt ... 14IST AVE: _ I4OT" AVE: IiIW 13tT" ~_ .. Q.lTH MW'l IN I _ , I '"'T'"----l------- IMTH Mil'[ ... C4TM ~. ... ...... --- \ ) Regular Andover Planning and Zoning Con~ission Minutes - April 23, 1996 Page 2 (Public Hearing: Lot 8pli t, 15318 Nightingale Street, Continued) horseshoe driveway, so there are two driveways onto Ni ngale now. He doesn't plan on building there now. Mr. Carlberg n _Q that all setback requirements for existing structures would be _ even after 153rd Lane is constructed. He talked with the City's ding Official, who stated the existing buildings also face that ure road and all setbacks are and will be met. The pole buildin as built keeping the extension o~ 153rd Lane in mind. There cou not be any additional splits to the parcel without that future s _eet construction. MOTION by Luedtke, Motion carried on Se nded by Barry, to close the public hearing. -Yes, 2-Absent (Squires, Apel) vote. 7:14 p.m. MOTION by Wel , Seconded by Putnam, to forward to the City Council the Resolutio ranting the lot split of Jerry Saarenpaa and grant the two parcel as stated in the Resolution. Motion carried on a 5-Yes, 2- l~ t (Squires, Apel) vote. 7:15 p.m. @ PUBLIC HEARING: REZONING - 4-1, SINGLE FAMILY RURAL, TO R-4, SINGLE FAMILY URBAN - SHADor'lBROOK SUBDIVISION - SECTIONS 25 AND 36, BUNKER LLC, INC. \ 7:15 p.m. Mr. Carlberg reviewed the rezoning request of Bunker LLC, / Inc., to rezone property located north and east of the intersection of Bunker Lake Boulevard NVl and Prairie Road from R-1 to R-4. He sum~arized the applicable ordinances. This area has been included in a request for a Major Amendment to the Comprehensive Plan for the extension of sewer. The City is still awaiting the decision of the Metropolitan Council on the status of the property and its inclusion into the l1etropolitan Urban Service Area, though he understands the review period for that amend~ent has officially begun. He felt that approval looks favorable but also noted that the MUSA expansion will need to be approved before the property can be developed to the R-1 density. This area is also in the 1995-2000 time frame for development. The county was notified of the proposal but has not commented On it. MOTION by Wells, Seconded by Putnam, to open the public hearing. ~otion carried on a 5-Yes, 2-AOsent (Squires, Apel) vote. 7:18 p.m. There was ,10 p-'lblic testimony. MQ'.fIO~l by Luedtke I Secor.ded by Barry, to close the publ ic hearing. i-1oticn carried on 3. 5-Yes, 2-ADsent ~Squires, ..:;'pel) vote. 7:18 p.m. , The Ccm,r.issicn J~aised questions on whether a study has been done on ehe pote~cial im~act t~e change in density will have on the existing roadway s}"scC:P"!t the ef f-=cr.. :,f c.he !.a.'_J.roc.d and r.he school district.. !'tlr. E~':..cksc..:. s:El.':ec. a sr;ec:Lcc traffic seudy has nee: Le'_~n done. 7here will be some increase in traffic, particularly along Bunker Lake Boulevard and along prairie Road. The Council has discussed this and has asked to look at making improve~ents at the intersection of those two roads. The county has also included an upgrade of Bunker Lake Boulevard in its 2010 Highway plan. They too are aware of the developments taking place in / Regular Ando',er Pla.nning and Zoning Commission Minutes - April 23, 1996 , Page 3 ) (Public Hearing: Rezoning, R-1 to R-4, Shadowbrook, Continued) Andover and plan their future improvements accordingly. Staff has not heard anything from Burlington Northern Railroad and whether there will be an impact on them. The railroad tracks are quite a ways to the west on the county road system. Mr. Carlberg also noted the City stopped rezoning property to allow time for the school district to plan keeping up with the City's growth. In 1995 the City received a letter from the school district that with the construction of the middle school and the addition to Andover Elementary, they can now keep up with the number of children coming into the City. Commissioner Wells stated the schools that will be affected by 433 new homes in this area are either near or above capacity. Mr. Carlberg stated the school district is aware of the City's plans and future developments. Also, ~he City participated in a transportation study done by BRW, which has been used to update the county's 2010 transportation program. " MOTION by Wells, Seconded by Putnam, to forward to the City Council the amended ordinance as stated and drafted by Staff with the condition of the MUSA approval, which is understood. Motion carried on as-Yes, 2- Absent (Sq~ires, App.I) vote. 7:34 p.m. \ ./ PUBLIC HEARING: SPECIAL USE PER..~IT - PLANNED UNIT DEVELOPMENT - SINGLE FA.1'1ILY/MULTIPLE FAMILY - SHADOWBROOK SUBDIVISION - SECTIONS 25 AND 36 - BUNKER LLC, INC. 7: 34 p. ,n. :>1r. Carlberg reviewed the Special Use Permit request of 2l1nker LLC, I:cc., for a ?lar:ned Unit Developm-::nt of mixed use, single farni ly and townhome uni r..s in their proposed Shadowbrook developrr.ent. Of r..he 433 propOSEd units in the development, 314 would be single family homes and 119 would be townhome units. The POD area is proposed in th) northeast portion of the Shadowbrook subdivision. He summarized the applicable ordinances and criteria to be used in reviewing the application. The proposed PUD would be developed t.:.nder the current zoning ordinances because the Council has not yet approved the proposed Planned Unit Development ordinance. This concept allows for substantial variances wi th the approval of the Special Use Permi ts. Variance requests are for the minimum front yard setbacks for the townhome area and fer the minimum lot requirements. He suggested, however, :hat the Resolut~.on wo~ld state the va~iances will be reviewed a~d appr~ved as a part: of the p~elimi~ary plac. Whe~ :he Ccmrnissi~n asked why t~~s isn't tabled until tile proposed ?VD ()::-d:.nar.:.c~ is apPl.oved, i"!:t". Ca~-:berg explai:1ed the c:eve: ::>per :-:as been wcrki~~ 0n che ~:~t fer che past 1 1/2 years. Scaff a~j ~he dev~l~pers 2~~ :c~~c=~ab:e wi~h :he d~veic9~en~ as pro;csed and wc~king Wi~!l ~he '\ cu~'reGt. ora~nance. Tr~~ rr,~ll t iple us~ has to do wi th :.h~ trCtC~ cf land '-_Jand the number of units on that parcel. Basically, there would be 188 uni ts on one parcel plus t.he common area. The developers w01.11d sell the cnits described in the legal area. '\ j CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION April 23~ 1996- DATE AGE~DtL ITEM 4. PublIc Hearing: Rezoning R-l to R-4 - Shadowbrook Section 25 & 36 - Bunker LLC ORIGINATING DEPARTMENT Planning David L. Carlberg Planning Director APPROVED FOR AGENDA BY: BY: Request The Planning and Zoning Commission is asked to review the rezoning request of Bunker LLC, Inc. to rezone property from R-I, Single Family Rural to R-4, Single Family Urban. The property is located north and east of the intersection of Bunker Lake Boulevard NW and Prairie Road in Sections 25 & 36 and is legally described on the attached amendment to Ordinance No.8, the Zoning Ordinance. The property is the location of the subdivision to be known as "Shadowbrook". Applicable Ordinances \ / Ordinance No.8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning). Ordinance No.8, Section 5.03(B), establishes the criteria for granting a Special Use Permit. These same criteria have been utilized by the City in considering rezoning applications in the past and determining the granting of a rezoning request. The criteria include: the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land, the existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. , , I J Page Two Rezoning - Shadowbrook Bunker LLC, Inc. Planning and Zoning Commission Meeting April 23, 1996 General Review The property to be known as "Shadowbrook" has been included in a request for a Major Amendment to the Comprehensive Plan for the extension of sewer. Staff is still awaiting the decision of the Metropolitan Council on the status of the property and its inclusion into the MUSA (Metropolitan Urban Service Area). The area to be rezoned is approximately 260 +/- acres in size. \ / Commission Options A. The Andover Planning and Zoning Commission may recommend to the City Council approval of the rezoning request of Bunker LLC, Inc. to rezone property from R-I, Single Family Rural to R-4, Single Family Urban, legally described on the attached amendment to Ordinance No.8. B. The Andover Planning and Zoning Commission may recommend to the City Council denial of the rezoning request of Bunker LLC, Inc. to rezone property from R-l, Single Family Rural to R-4, Single Family Urban, legally described on the attached amendment to Ordinance No.8. The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No.8, Section 5.03(B). C. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff. \ / , \ ;' , / " -j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: The District Zoning Map of the City of Andover is hereby amended as shown on the attached map, showing the following rezoning: The property legally described on Exhibit A is rezoned from R-1, Single Family Rural to R-4, Single Family Urban NOTE: All other Sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover this _ day of ,1996. CITY OF ANDOVER ATTEST: lE. McKelvey, Mayor Victoria V olk, City Clerk , , j EXHIBIT A Ia;M. DESClUPl'ICfi PARCEL 1: The Northeast Quarter of the Northwest Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota. PARCEL 2: All of Government Lot 1, Section 36, Township 32, Range 24, Minnesota, lying east of _the centerline of Prairie Road and the centerline of County Road No. .116. Anoka County, lying north of PAR:EI, 3: That part of Government Lot 2, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Boulevard. PARCEL 4: The North Half of the Northeast Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota. .., PARCEL 5: / The Southwest ~ter of the Northeast Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Boulevard except the following described property: COlltrencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of South 2 degrees 39 minutes 49 seconds ~st, along the east line of said Southwest Quarter of the Northeast Quarter a distance of 406.54 feet to the actual point of beginning; thence North 85 degrees 12 minutes 39 seconds West a distance of 330.00 feet; thence south parallel with said east line to the centerline of Bunker Lake Blvd.; thence South 85 degrees 12 minutes 39 seconds East along said centerline to the east line of said Southwest Quarter of the Northeast Quarter; thence North 2 degrees 39 minutes 49 seconds Fast along said east line to the actual point of beginning. PARCEL 6: The Southeast Quarter of the Northeast Quarter, Section 36, Townsyuip 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Blvd. PAR:EL 7: The ~st Half of the Southwest Quarter of the Northwest Quarter, Section 31, \ Township 32, Range 23, Anoka County, Minnesota. / PARCEL 8: -, ) That part of the East Half of the East Half of the East Half of the Southeast Quarter, Section 25, Township 32, Range 24, Anoka County, Minnesota, lying _ southerly of a line drawn fran a point on the east line of said Southeast Quarter distant 1282.23 feet southerly along said east line from the northeast corner of said Southeast Quarter to a point on the westerly line of said East Half of the East Half of the East Half of the Southeast Quarter distant 1257.33 feet southerly along said westerly line fran the northwest corner thereof. Being a part of Lot 9, "AUDI'IDR'S SUBDIVIS~9N No. 141." PAIaI, 9: The West Half of the East Half of the East Half of the Southeast Quarter, Section 25, Township 32,- Range 24, Anoka County, Minnesota, except the north 673.01 feet thereof. Said tract is also known as part of Lot 8, AUDI'IDR'S SUBDIVISICN No. 141. PARCEL 10: That part of the East Half of the West Half of the East Half of the Southeast Quarter, Section 25, Township 32, Range 24, Anoka County, Minnesota, lying. south of the following described line: Beginning at a point on the east line of said East Half of the West Half of the East Half of the Southeast Quarter distant 1,357.17 feet north along said east line frO!ll the southeast corner of the said East Half of the West Half of the East Half of the Southeast Quarter, said east line has an assumed bearing of North 0 degrees 10 minutes 59 seconds West: thence North 89 degrees 47 minutes 29 seconds West a distance of 61.86 feet: thence North 81 degrees 30 minutes 36 seconds West a distance of 112.20 feet: thence North 87 degrees 50 minutes 29 seconds West a distance of 99.06 feet: thence South 76 degrees 00 minutes 22 seconds West a distnace of 53.79 feet to the. west line of said East Half of the West Half of the East Half of the Southeast Quarter and said line there terminating. (Said tract is also known as Lot 7, AUDI'IDR'S SUBDIVISION NO. 141). / , J , I / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. · ANDOVER, MINNESOTA 55304 . (612) 755-5100 REZONING REQUEST FORM Property Address A/~S c;;,A.<JL~..c'--/" /. .D-::~~fAr~/;"~ //~:'".-' -/;!;/'J,',-4',J: A'/ Legal Description of Property: (Fill in whichever is appropriate): ~ -- .. J=~ /"P #/"'&:-N ~ Lot Block Addi tion PIN (If metes and bounds, attach the complete legal description). or Torrens ? (This can be obtained from the Is the property: Abstract )< information must be provide~ County) . ----------------------------------------------------------------- Reason for Request /}~.I.. ~/-?;7/j~ ..:. / /-' /- .fr.-.. .-/'.~_.:: -/:...? / .tU ~- .c [/,! -'/ -'..,,/' '7 /'~) // r .!"A ~~__ /~/'/.--.. -k /t-/;----- / /' .c/,/:' ,,~.r;{/ Jr~~~_ \ . ) Current Zoning k/ Requested Zoning x-y r ----------------------------------------------------------------- Name of Applicant ~~h-/-. /../ C- / Address /6 ?Y,g7 &#.5.c>..J ////d ~~ k/;~~ AJ 'j-.,-;7'YY Home Phone ~ ... Business Phone 7~-5-:?: F~9'" , ~~ - ~~~::~~::_-------- - ---------=------------~:~:_---~~~~~-~----- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone 1 / Signature Date ----------------------------------------------------------------- REZONING PAGE 2 \ / The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fee: Abstract Fee: Torrens: $200.00 $ 25.00 $ 34.50 Date Paid 4-/ 4- /~(r, Receipt i 030~ 4-.;;- Rev. 5-05-93:d'A 5-06-94:blh Res. 179-91 (11-05-91) ) " j \ J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF WNNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, April 23, 1996 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the rezoning request of Bunker, LLC to rezone the property located northeast of the intersection of Bunker Lake Boulevard NW and Prairie Road frorn R-l, Single Family Rural to R-4, Single Family Urban. The property is legally described on Exhibit A and is the location of the subdivision to be known as "Shadowbrook". '. \ i / All written and verbal comments will be received at that time and location. A copy of the application and location will be available at the Andover City Hall for review prior to said meeting. kcJoLL Victoria V olk, City Clerk Publication dates: April 12, 1996 April 19, 1996 \ j \ j , '\ .J " j EXHIBIT A Ia;M. DES:RIPl'ICN PARCEL 1: .' " The Northeast Quarter of the Northwest Quarter, Section 36, Township 32, Range 24, lInoka County, Minnesota. PARCEL 2: All of Governrrent u>t 1, Section 36, Township 32, Range 24, Arioka County, Minnesota, lying east o~ ,the centerline of Prairie Road and lying north of the centerline of County Road NJ. .116. PARCEL 3: That part of Government Lot 2, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker lake Boulevard. PARCEL 4: The North Half of the Northeast Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota. PARCEL 5: The Southwest Quarter of the Northeast Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker lake Boulevard except the following described property: Corrmencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence on an assumed. bearing of South 2 degrees 39 minutes 49 seconds West, along the east line of said Southwest Quarter of the Northeast Quarter a distance of 406.54 feet to the actual point of beginning; thence North 85 degrees 12 minutes 39 seconds West a distance of 330.00 feet; thence south parallel with said east line to the centerline of Bunker Lake Blvd.; thence South 85 degrees 12 minutes 39 seconds East along said centerline to the east line of said Southwest Quarter of the Northeast Quarter; thence North 2 degrees 39 minutes 49 seconds Fast along said east line to the actual point of beginning. PARCEL 6: '!he Southeast Quarter of the Northeast Quarter, Section 36, Townsyuip 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker lake Blvd. PARCEL 7: The West Half of the Southwest Q-larter of the Northwest Quarter, Section 31, Township 32, Range 23, lInoka County, Minnesota. PARCEL 8: "- ! / That part of the East Half of the East Half of the East Half of the Southeast Quarter, Section 25, Township 32, Range 24, Anoka County, Minnesota, lying . southerly of a line drawn fran a point on the east line of said Southeast Quarter distant.1282.23 feet southerly along said east line from the northeast corner of said Southeast Quarter to a point on the westerly line of said East Half of the East Half of the East Half of the Southeast Quarter distant 1257.33 feet _ southerly along said westerly line fran the northwest corner thereof. Being a part of wt 9, n AUDI'IDR' S SUBDIVIS~9N No. 141. II PAR:EL 9: The West Half of the East Half of the East Half of the Southeast Quarter, Section 25, Township 32,-Fange 24, Anoka County, Minnesota, except the north 673.01 feet thereof. Said tract is also known as part of wt 8, AUOI'roR'S SUBDIVISICN No. 141. PARCEL 10: '. . j That part of the East Half of the West Half of the East Hal~ of the Sou~east Quarter, Section 25, Township 32, Range 24, Anoka County, Minnesota, lymg. south of the following described line: Beginning at a point on the east line of said East Half of the West Half of the East Half of the Southeast Quarter distant 1,357.17 feet north along said east line frO!Tl the southeast corner of the said ~t Half of the West Half of the East Half of the Southeast Quarter, scud east line has an assumed bearing of North 0 degrees 10 minutes 59 seconds West; thence North 89 degrees 47 minutes 29 seconds West a distance of 61.86 feet; thence North 81 degrees 30 minutes 36 seconds West a distance of 112.20 feet; thence North 87 degrees 50 minutes 29 seconds West a distance of 99.06 feet; thence South 76 degrees 00 minutes 22 seconds West a distnace of 53.79 feet to the. west line of said East Half of the West Half of the East Half of the Southeast Quarter and said line there terminating. (Said tract is also known as wt 7, AlJDI'roR'S SUBDIVISION roo 141). \ , i ~~ / PIN: 363224130004 ANOKA COUNTY OF 550 BUNKER LK BD ANDOVER MN 55304 \ . J PIN: 363224140003 ANOKA COUNTY OF 550 BUNKER LK BD ANDOVER MN 55304 PIN: 363224140002 BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 PIN: 363224210001 BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 PIN: 363224220002 STEELE DOUGLAS C & A J PO BOX 638 ANDOVER MN 55304 PIN: 363224220004 KOSTELECKY CRAIG A & RUTH A 732 140TH LN NW ANDOVER MN 55304 PIN: 363224220005 OLSON PAUL H & DORRAINE R 14030 PRAIRIE RD NW ANDOVER MN 55304 PIN: 363224220006 DENEKAMP KEVIN J & LUCY C 665 140TH LN NW ANDOVER MN 55304 PIN: 363224220009 FULLER RICHARD J & PENNY R 13948 PRAIRIE BD NW ANDOVER MN 55304 PIN: 363224220010 . BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 , , PII'<. ...63224230001 ANOKA COUNTY OF 2100 3RD AVE ANOKA MN 55303 PIN: 363224240001 BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 PIN: 363224240002 BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 PIN: 363224240003 ANOKA COUNTY OF 2100 3RD AVENUE ANOKA MN 55303 PIN: 363224240003 ANOKA COUNTY OF 2100 3RD AVENUE ANOKA MN 55303 PIN: 363224310001 ANOKA COUNTY OF 2100 3RD AVENUE ANOKA MN 55303 PIN: 363224310001 ANOKA COUNTY OF 2100 3RD AVENUE ANOKA MN 55303 PIN: 363224410001 ANOKA COUNTY OF 325 E MAIN ANOKA MN 55303 PIf\' ~63224420001 I TH~_.;OUNTY OF ANOKA C/O COUNTY AUDITOR ANOKA, MN 55303 PIN: 363224420002 ANOKA COUNTY OF 2100 3RD AVENUE ANOKA MN 55303 PIN: 253224420001 SWANSON DANA L & K L 222 ANDOVER BD NW AN(,v A MN 55304 \ ) PIN: 253224420003 JOHNSON LYLE W & ELENA M 206 ANDOVER BLVD NW ANOKA MN 55304 PIN: 253224420002 JOHNSON LYLE W & ELENA M 206 ANDOVER BLVD NW ANDOVER MN 55304 PIN: 253224420004 HOGLUND JOHN M & ANNE M 370 ANDOVER BD NW ANDOVER MN 55304 PIN: 253224420006 HARTINGER JOHN M 264 ANDOVER BLVD NW ANDOVER MN 55304 PIN: 253224420007 HOUWMAN BRIAN W & LORI 308 ANDOVER BLVD NW ANDOVER MN 55304 PIN: 253224430002 NOVOGRATZ JOSEPH F 7021 ANTRIM RD EDINA MN 55439 PIN: 253224440001 BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 PIN: 253224440004 BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 PIN: 353224140002 ANOKA COUNTY OF 2100 3RD AVE ANOKA MN 55303 I PIN:-.s53224140047 HILLS INC 2619 COON RAPIDS BLVD NW COON RAPIDS MN 55433 PIN: 353224140048 DELMAR HOMES 1NC 3825 122ND AVE NW COON RAPIDS MN 55433 PIN: 353224140049 GANGL WAYNE E & BRENDA L 13867 PALM ST NW ANDOVER MN 55304 PIN: 353224140050 COWGILL DAVID B & KATHRYN S 13887 PALM ST NW ANDOVER MN 55304 PIN: 353224140053 HILLS INC 2619 COON RAPIDS BLVD NW COON RAPIDS MN 55433 PIN: 353224140054 HILLS INC 2619 COON RAPIDS BLVD NW COON RAPIDS MN 55433 PIN: 363224110001 BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 PIN: 363224120001 BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 PI!" '13224130002 I JOhi~SON STEPHEN A 225 BUNKER LK BD NW ANDOVER MN 55304 PIN: 363224130003 BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 PIN: 253224310009 SPAULDING DALE H & J L 14370 PRAIRIE RD NW ANDOVER MN 55304 \ .j PIN: 253224330001 CHAPMAN A L & LINDBERG ETAL 14212 PRAIRIE RD NW ANDOVER MN 55304 PIN: 253224310010 PETERSON LINDA J 14396 PRAIRIE RD NW ANDOVER MN 55304 PIN: 253224330004 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ANDOVER MN 55304 PIN: 253224330005 MENTH MARK A 14122 PRAIRIE RD NW ANDOVER MN 55304 PIN: 253224340003 CHOUINARD THOMAS L 14123 PRAIRIE RD NW ANOKA MN 55304 PIN: 253224340004 CHOUINARD THOMAS L ETAL 14123 PRAIRIE RD NW ANDOVER MN 55304 PIN: 253224340008 JOHNSON JEFFREY & MILDRED 14315 PRAIRIE RD NW ANDOVER MN 55304 " PIN: 253224340009 ROOKER J D & SUSAN E 14191 PRAIRIE RD ANDOVER MN 55304 PIN: 253224340010 GRITION MARILYN M & ED 14157 PRAIRIE RD NW ANDOVER MN 55304 . " i Pl~.~53224410001 MOHLENCAMP JOHN C & K H 140 ANDOVER BD NW ANOKA MN 55304 PIN: 253224410001 MOHLENCAMP JOHN C & K H 140 ANDOVER BD NW ANOKA MN 55304 PIN: 253224410002 LAWSON WILLIAM B & KRYSTAL K 160 ANDOVER BLVD NW ANDOVER MN 55304 PIN: 253224410003 BOLAN GERALD R & CATHERINE 14416 BUTIERNUT NW ANDOVER MN 55304 PIN: 253224410004 LEE ROGER L & BONNIE J 14390 BUTrERNUT NW ANOKA MN 55304 PIN: 253224410005 SEPPLE JOSEPH A & R M 14328 BUTrERNUT NW ANOKA MN 55304 PIN: 253224410008 BALDRIDGE JEROME K & DARLENE M 20 ANDOVER BLVD NW ANDOVER MN 55304 PIN: 253224410010 FISCHER DAVID A & SUSAN A 14415 BUTrERNUT ST NW ANDOVER MN 55304 PIf" ~S3224410011 HA...JS TROY B & NANCY J 74 ANDOVER BLVD NW ANDOVER MN 55304 PIN: 253224410012 SMITH MARK R 9649 HOLLY CIR NW COON RAPIDS MN 55433 PIN: 253224130005 ISAAC RONALD E & MARY J 225 ANDOVER BD A'- ~KA MN 55304 - ; PIN: 253224130006 HEYNE MARLO F & SANDRA E 275 ANDOVER BD NW ANOKA MN 55304 PIN:253224130007 HENLEY WILLIAM E 325 ANDOVER BD NW ANDOVER MN 55304 PIN: 253224130008 BERGSAGLE I & ROGNESS J ETAL 375 ANDOVER BLVD NW ANDOVER MN 55304 PIN:253224140005 KAMPA CHARLES L & J M 155 ANDOVER BD NW ANOKA MN 55304 PIN: 253224140006 NESLUND CLAYTON J & S N 137 ANDOVER BD NW ANOKA MN 55304 PIN:253224140007 BEAM JOHN H & SHIRLEY A 121 ANDOVER BD NW ANOKA MN 55304 PIN: 253224140008 ELLISON JAMES R 59 ANDOVER BD NW ANOKA MN 55304 PIN:253224140009 FINGER PAUL J & JEAN K 39 ANDOVER BLVD NW ANDOVER MN 55304 PIN: 253224140010 BARRETT DENNIS M & RENEE 14550 UNIV EXT NW ANOKA MN 55304 , , / PIN: 253224230007 BARNES FAY R & ADELE G 541 ANDOVER BD NW ANOKA MN 55304 PIN: 253224240003 DANNENBERG SCOT P 425 W ANDOVER BD ANDOVER MN 55304 PIN:253224240004 GIESE KENNETH E .475 ANDOVER BD NW ANDOVER MN 55304 PIN: 253224310001 FOYT SCOTIV & DEBRA A 14424 PRAIRIE RD NW ANDOVER MN 55304 PIN:253224310003 OHNESORGE JOEL R 510 ANDOVER BD NW ANOKA MN 55304 PIN: 253224310004 CHAFFEE LYNN M 614 ANDOVER BLVD NW ANDOVER MN 55304 PIN: 253224310005 OLSON DONALD R & JOYCE L 00454 ANDOVER BD NW ANDOVER MN 55304 PIN: 253224310006 KNEALING DUANE R & RAMONA W 418 ANDOVER BD NW ANDOVER MN 55304 '\ P, 253224310007 . / EHOFF DAVID D & KIM M 14393 PRAIRIE RD NW ANDOVER MN 55304 PIN:2~3224310008 ELLEFSON MARK E & JENNIFER T 14367 PRAIRIE RD NW ANDOVER MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7, 1996 DATE AGENDA 1'.0. SECTION Discussion Item 5. Special Use Permit - PUD Sections 25 & 36 Shadowbrook - Bunker LLC, Inc. ORIGINATING DEPARTMENT Planning~ David L. Carlberg Planning Director APPROVED FOR AGENDA ITEM 1'.0. BY: The City Council is asked to review and approve the Special Use Permit request of Bunker LLC, Inc. to develop a Planned Unit Development (single family and townhomes) on the property legally described on the attached resolution. Background j For background information on the request, please consult the staff report and the minutes from the April 23, 1996, Planning and Zoning Commission meeting. Planning & Zoning Commission Recommendation The Planning and Zoning Commission reviewed the Special Use Permit request for a Planned Unit Development on April 23, 1996 and recommends to the City Council approval with the conditions as listed on the attached resolution. ') / MOTION BY: SECOND BY: / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R -96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF BUNKER, LLC, INC. FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP SINGLE F AMIL Y HOMES AND TOWNHOMES TO BE KNOWN AS THE SUBDIVISION "SHADOWBROOK" ON THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Bunker, LLC, Inc. has requested a Special Use Permit for a Planned Unit Development to develop single family homes and townhomes to be known as the subdivision of "Shadowbrook" pursuant to Ordinance No.8, Section 4.18, Planned Unit Developments on the property legally described on the attached Exhibit A; and / WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of Ordinance No.8, Section 4.18, Planned Unit Developments; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Bunker LLC, Inc. to develop a Planned Unit Development on said property with the following conditions: 1. All variances associated with the approval of the Special Use Permit for the Planned Unit Development shall be approved with the approval of the preliminary plat. "\ / " j Page Two Resolution Special Use Permit - Planned Unit Development Shadowbrook - Bunker, LLC, Inc. 2. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 3. The Special Use Permit shall be subject to annual review by Staff. 4. The Special Use Permit for the Planned Unit Development shall be contingent on the approval of the preliminary plat of Shadow brook. 5. A property owners association shall be created with the following documents provided to the City for review and approval prior to being recorded with the final plat: -\ / a. Articles ofIncorporation b. By-laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, maintenance of the common areas and other requirements as deemed necessary by the City. Adopted by the City Council of the City of Andover on this 7th day of ~ l..22Q. CITY OF ANDOVER ATTEST lE. McKelvey, Mayor Victoria V olk, City Clerk , I J -, I / EXHIBIT A I..EI;AL I>ESaUP.r:Irn Pl\RCEL 1: '!he Northeast Quarter of the Northwest Quarter, Section 36, Township 32, Range 24, MOka County, Minnesota. PARCEL 2: All of Governrrent Lot 1, Section 36, Township 32, Range 24, Moka County, Minnesota, lying east of the centerline of Prairie Road and lying north of the centerline of County-Road No .116. PARCEL 3: That part of Government Lot 2, Section 36, Township 32, Range 24, MOka County, Minnesota, lying north of the centerline of Bunker Lake Boulevard. PARCEL 4: '!he North Half of the Northeast Quarter, Section 36, Township 32, Range 24, MOka County, Minnesota. - 'IPARCEL 5: , / The Southwest Quarter of the Northeast Quarter, Section 36, Township 32, Range 24, Moka County, Minnesota, lying north of the centerline of Bunker Lake Boulevard except the following described property: Coomencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of South 2 degrees 39 minutes 49 seconds West, along the east line of said Southwest Quarter of the Northeast Quarter a distance of 406.54 feet to the actual point of beginning; thence North 85 degrees 12 minutes 39 seconds West a distance of 330.00 feet; thence south parallel with said east line to the centerline of Bunker Lake Blvd.; thence South 85 degrees 12 rnL"'lutes 39 seconds East along said centerline to the east line of said Southwest Quarter of the Northeast Quarter; thence North 2 degrees 39 minutes 49 seconds Fast along said east line to the actual point of beginning. PARCEL 6: The Southeast Quarter of the Northeast Quarter, Section 36, Townsyuip 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Blvd. PARcEL 7: The West Half of the Southwest Quarter of the Northwest Quarter, Section 31, " Township 32, Range 23, Anoka County, Minnesota. / PARCEL 8: r '. ) '!bat part of the East Half of the East Half of the East Half of the Southeast Quarter, Section 25, ToIo1nship 32, Range 24, MOka County, Minnesota, lying . southerly of a line drawn fran a point on the east line of said Southeast Quarter distant 1282.23 feet southerly along said east line from the northeast corner of said Southeast Quarter to a point on the westerly line of said East Half of the East Half of the East Half of the Southeast Quarter distant 1257.33 feet southerly along said westerly line fran the northwest corner thereof. Being a part of Lot 9, n AUDI'1tlR' S SUBDIVISION No. 141." PAICEI, 9: The West Half of the Fast Half of the East Half of the Southeast Quarter, Section 25, Township 32,-Range 24, Anoka County, Minnesota, except the north 673.01 feet thereof. Said tract is also known as part of Lot 8, AUDI'roR'S SUBOIVISICN No. 141. PARCEL 10: '\ ) That part of the East Half of the West Half of the East Half of the Southeast Quarter, Section 25, Township 32, Range 24, MOka County, Minnesota, lying, south of the following described line: Beginning at a point on the east line of said East Half of the West Half of the Fast Half of the Southeast Quarter distant 1,357.17 feet north along said east line fran the southeast corner of the said East Half of the West Half of the E:tst Half of the Southeast Quarter, said east line has an assurred bearing of North 0 degrees 10 minutes 59 seconds West: thence North 89 degrees 47 minutes 29 seconds West a distanc: of 61.86 feet: thence North 81 degrees 30 minutes 36 seconds West a d~stance of 112.20 feet: thence North 87 degrees 50 minutes 2~ seconds West a distance of 99.06 feet: thence South 76 degrees 00 nu..nutes 22 seconds West a distnace of 53.79 feet to the. west line of said East Half of the West Half of the Fast Half of the Southeast Quarter and said line there terminating. (Said tract is also known as Lot 7, AIJDI'roR'S SUBDIVISION NO. 141). \ / Regular AndoTl'er Planning and Zoning Commission Minutes - April 23, 1996 , Page 3 I / (Public Hearing: Rezoning, R-1 to R-4, Continued) Andover and plan their future improvements according. Staff has not heard anything from Burlington Northern Railroad whether there will be an impact on them. The railroad tracks are ite a ways to the west on the county road system. Mr. Carlberg a~ 0 noted the City stopped rezoning property to allow time for the syh'ool district to plan keeping up with the City's growth. In 1995 therCity received a letter from the school district that with the construction of the middle school and the addition to Andover Elementary, t eY can now keep up with the number of children coming into the City. Commissioner Wells stated Ie schools that will be affected by 433 new homes in this area ar either near or above capacity. Mr. Carlberg stated the school d' trict is aware of the City's plans and future developments. Al , the City participated in a transportation study done by BRW, ich has been used to update the county's 2010 transportation program. MOTION b" Wells, Seconded by Putnam, to forward to the City Council the dmende ordinance as stated and drafted by Staff with the condition of the SA approval, which is understood. Motion carried on as-Yes, 2- ,\b ent (Squires, Apel) vote. 7:34 p.m. ~) PUBLIC HEARING: SPECIAL USE PERl.fIT - PLANNED UNIT DEVELOPMENT - SINGLE 'Al1ILY/MULTIPLE FAMILY - SHADOWBROOK SUBDIVISION - SECTIONS 25 AND 36 - BUNKER LLC, INC. 7:34 p.m. i>1r. Carlberg reviewed the Special Use Permit request of Btmkel' LLC, Inc., for Co ?lanned Uni t Developm-:ent of mixed use, single family and townhome units in their proposed Shadowbrook develop~ent. Of ~he 433 proposed units in the development, 314 would be single family homes and 119 would be townhome units. The PUD area is proposed in th~ northeast portion of the Shadowbrook subdivision. He summarized the applicable ordinances and criteria to be used in reviewing the application. The proposed PUD would be developed under the current zoning ordinances because the Council has not yet approved the proposed Planned Unit Development ordinance. This concept allows for substantial variances with the approval of the Special Use Permi ts. Variance requests are for the minimum front yard setbacks for the townhome area and for the minimum lot requirements. He suggested, however, that the Resolution would state the variances will be reviewed and approved as a part of the preliminary plat. \'inen ::he Co~missi:)n asked '..:hy this isn't tabled until the proposed FuD (J:cdinance is approved, Mr. C2:l::;.berg explained the developer ~'.as been working on che plat fer che past 1 1/2 years. Scaff and the developers 2~e =c~=c=~~ble with the d~velcpffient as propoEed and wo~king with the \ current ordinance. The multiple use has to do with th~ tract of land j and the number of units on that parcel. BasicalJy, there would be 188 units on one parcel plus the common area. The developers would sell the units described in the legal area. Regular Andover Planning and Zoning Commission Minutes - April 23, 1996 \ Page 4 / (Public Hearing: Special Use Permit - PUD - Shadowbrook, Continued) MOTION by Luedtke, Seconded by Wells, to open the public hearing. Motion carried on as-Yes, 2-Absent (Squires, Apel) vote. 7:47 p.m. Garv Gorham. _Bunker LLC. Inc. - explained this concept was proposed many months ago in a sketch plan. He hears from residents of the community that there is a need for this type of housing, and he has done this type of development in other communities. The quality of housing is the same in the PUD as in single-family developments. The basic difference is there is an association in each PUD area that takes care of the exterior maintenance of the yards and green areas, the buildings and the private streets and walkways. In this case, there would be two associations, one for the townhome area and one for the single-family area. It iR expected the dues will be more in the detached single family units because there will be more upkeep. This type of association is becoming more popular with tod~y's life styles, the size of the families ar.d the age of the population. The document for the association is drawn up by the developer and reviewed by the City's legal counsel, then recorded with the final p:at. Each owner of the ?UD home or townhome automatically beco~es a member of the association and has to live by its ~.ules. The dev;:;lopers \..-111 be installing all of the improvements to the common areas, driveways, sidewalks, landscaping, underground spr1nkling \ systems, grass, trees, walkways and other amenities. The association ,.J will take caLe of all of it. When the development is sold out, the asscciation is turned over to the members who live there to run it according tc the covenants, conditions and restrictions of the documents. The utilities and easements will be dedicated to the City. RL:k Har:t:.is~plar:ner - s~lcwed slides of the prcposed layout cf the PUD. Of the 47.2 acr:es of the PUD, 34.9 acres wi J.l remain as green space to which everyone has access. The northern parcel will have the attached units; the southern parcel the detached units. He described the life cycle housi~g with two- and three-car garages that are side loaded so the doors do not face the street, staggered in such a way that the interior window wrap of each unit will have a view of the green space, the narrow 24-foot private streets and public streets, the minimum of 10-foot setbacks between garages but with 20 feet between the units themselves, the distance of 400 feet in one direction and 320 feet in another between the backs of the units, the common walkways with gazebo, the area desig~ed to keep as many trees as possible, a walking syste;':", that is comp:"etely separate from the vehicular syst~m, and t::e design to be able to get around tIle proj ect easily. He also showed s~ides comparing single family development areas and multiple housing areas with associations as each ages, pointing out that the multipie ar~as conti~ue to remain clean and well kept as they age as opposed to single family aT.eas where items tend to accumulate in the yards. Th8 Com:"ission had some concern with parking on the r.arrow priv~te streets. \ J Tonv Er.-Imerich. Bunker LL~In~--,- - explained the intent would be tc have no parking on any streets. Each driveway can hold six or more vehicles, plus the two- or three-car garages, which should be sufficient in most cases. They don't feel additional parking areas will be necessary. Regular Andover Planning and Zoning Commission Minutes - April 23, 1996 Page 5 \ ; (Public Hearing: Special Use Permit - POD - Shadowbrook, Continued) Commissioner Luedt.ke asked why t.his is proposed in t.r.e back of t.he ent.ire development resulting in addit.ional traffic traveling through the rest. of the area. Mr. Harrison explained the intent was to take advant.age of the amenities of the wetland and to g2t a lot of units on those views as opposed to single family lot.s with 20 to 30 percent fewer views. Mr. Gorham also explained that there would be the same amount of traffic per household generated with single family as there will be with townhomes in the PUD. Many of those in the Pt~ will be empty nescer houses that will generate less traffic t.han the normal single family home. Putting it in the back actually reduces the amount of traffic instead of increasing it. Mr. Smmerich also stated no one has really addressed nice neighborhood -, settings for people his agE.. They hear all the time about people wanting a better selection of tow~homes rather than next to a major road, the railroad tracks, or commercial areas, This is proposed to be an up-8cale deve~opment. MOTION by Wells, Seconded by Barry, to close t.he publ:.c hearing. Motion carried on a 5-Yes, 2-.~.bsent (Squires, Apel) vote. 8:25 p.m. '\ In discussi.ng tJ:e proposal, the Comr:1ission generally liked th~ PUD )concept, thinking this is specifically the intent of the proposed PUD ordinance. Mr. Gorham explained they anticipate developing the plat in phases, beginning ac Prairie Road and const.ructing the single family homes fi:::-st, and ending with the PUD area. They have also held ne:..ghborhood informational meeting::; to talk about their de',elopment befJr~ this eveni~g's h~arings. MOTION by Putnam, Seconded by Wells, pass to the City Ceuncil approval of the Resolution granting a Special Use Permit of Bunker LLC, Inc., for a PUD as prepared by Staff. Move the variances listed on a. and b. to be reviewed and approved as a part of the preliminary plat. Include the additional four conditio~s, the sunset clause, annual review, contingent '--'per. the approval of the preliminary plat of Shadowbrcok, and the City's review and approval of the association documents. Motie~ carried on a 5-Yes, 2-AOsent (Squires, Apel) vete. 8:32 p.r:1. PUBLIC HEARING: PRELIMINARY PLAT - SH.a.DOr-iBROOK - SECTIONS 25 AND 36 - BtTNXER LLC, INC. 5:32 ~.~. Mr. Haas rev~ewed the proposed preli~in3ry plat ~)f ~he ?la~ned Cn~: Devel=pment fo~ Shadow~rock being develcped by B~~ker LLC, Inc. :-~:-=: :;:l:"c~:)s-=d s'.J.bc.:..",;i5io~""". c::r:sist.s of 433 Si~1qle f,..mil:/ a:-~d ~~l:.iple :3.:",:i.2.v ;:--:::3.:..::.e:--;.,:s :cts 3.~a':" .-:):;.~.. c'..:.t2.:>=. :V~:-. 2="3.5 s.ls:: :-ev:.e',.'ed -=.he '\ CCr:-i-r.::.::c.s e,: the .~dc.v~!" Review COl.".mittee en ~he sec::nd a-=c~ss 0: , ;C":-'c'::OE'....OOC Street NI'i north of l39th La!:e NTtl, a:,d the lis:: of variances. ~~e develope~ is requesting a variance to waive the minimum requirement of the lo.....est building floo::- elevation of 3 feet above the r:1ottled soils. The developer's had a study done by GME, experts in this area, CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION April 23, 1996 DATE AGENDA ITEM 5. Public Hearing: Special Use Permit - Planned Unit Dev. Shadowbrook - Bunker, LLC ORIGINATING DEPARTMENT Planning David L. Carlberg Planning Director BY: APPROVED FOR AGENDA B~ Request The Planning and Zoning Commission is asked to review the Special Use Permit request of Bunker LLC, Inc. for a Planned Unit Development to develop a mixed use, single family and multiple family (townhomes), development to be known as "Shadowbrook" . The property to be developed as the plat of Shadowbrook is located north and east of the intersection of Bunker Lake Boulevard NW and Prairie Road in Sections 25 & 36 and is legally described on the attached Exhibit A. -J Applicable Ordinances Ordinance No.8, Section 4.18, establishes criteria for the use of Planned Unit Developments. Planned Unit Developments shall include all developments that have two (2) or more principal uses or types of structures all on a single parcel of land. This includes single family homes and townhomes. It is the intent of Section 4.18 to provide a means to allow flexibility by substantial variances from the provisions of this Ordinance including uses, setbacks, height and similar regulations. Variances may be granted with the granting ofa Special Use Permit for a Planned Unit Development provided: 1. Certain regulations contained in this Ordinance do not realistically apply to the proposed development due to the unique nature of the proposed development. , " ) , / Page Two Special Use Permit - Planned Unit Development Shadowbrook - Bunker LLC, Inc. Planning and Zoning Commission Meeting April 23, 1996 2. The variances, if granted, would be fully consistent with the general intent and purpose of this Ordinance. 3. The Planned Unit Development would produce urban development and an urban environment of equal or superior quality to that which would result from strict adherence to the provisions of this Ordinance. 4. The variances will not constitute a threat to the property values, safety, health, or general welfare of the owners or occupants of adjacent or nearby land nor be detrimental to the health, safety, morals, or general welfare of the people. ) 5. The proposed development is of unique nature as to require consideration under the conditions of a Planned Unit Development. It shall be determined that the variances are required for reasonable and practicable physical development according to a plan and are not solely on the basis of financial considerations. Ordinance No.8, Section 5.03, regulates the Special Use Permit process, outlining conditions and procedures. Ordinance No.8, Section 5.03, Special Uses, also establishes criteria in reviewing Special Use Permit applications. These criteria include: the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land, the existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. \ , / '. / Page Three Special Use Permit - Planned Unit Development Shadowbrook - Bunker LLC, Inc. Planning and Zoning Commission Meeting April 23, 1996 General Review The proposed Planned Unit Development of Shadowbrook consists of 433 lots or units. Of the 433 lots, 315 are proposed to be single family homes with the remaining 118 lots or units to be townhomes. Please refer to the Preliminary Plat, Planned Unit Development for Shadowbrook in your packet for specific site design details. 'j As stated earlier in this report, developing property under the Planned Unit Development provision allows substantial variances to certain Zoning Ordinance requirements. Please note that a variance is being requested from the thirty-five (35') foot front yard setback as a part of the townhome development. The Commission should note that the townhome development proposal does not address side and rear yard setbacks as well. Variances would be needed as a condition to the approval of the Special Use Permit for a Planned Unit Development. The developer of the project will be presenting the Planned Unit Development concept to the Planning and Zoning Commission including requested variances, site design concepts, and association regulations and restrictions to name a few. Commission Options A. The Andover Planning and Zoning Commission may recommend to the City Council approval of the Special Use Permit requested by Bunker LLC, Inc. for a Planned Unit Development to develop single family homes and townhomes on the property legally described on the attached resolution. The Commission finds the request meets the criteria of Ordinance No.8, Section 4.18, Planned Unit Developments. j / '\ , j , / Page Four Special Use Permit - Planned Unit Development Shadowbrook - Bunker LLC, Inc. Planning and Zoning Commission Meeting April 23, 1996 The Commission also finds the request meets the criteria of Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate the surrounding property; and the use is in harmony with the Comprehensive Plan. B. The Andover Planning and Zoning Commission may recommend to the City Council denial of the Special Use Permit requested by Bunker LLC, Inc. for a Planned Unit Development to develop single family homes and townhomes on the property legally described on the attached resolution. The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No.8, Sections 4.18 and 5.03. In denying the request, the Commission shall state those reasons for doing so. C. The Andover Planning and Zoning Comrnission may table the item pending further information from the applicant or Staff. '. , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF BUNKER, LLC, INC. FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP SINGLE F AMIL Y HOMES AND TOWNHOMES TO BE KNOWN AS THE SUBDIVISION "SHADOWBROOK" ON THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Bunker, LLC, Inc. has requested a Special Use Permit for a Planned Unit Development to develop single family homes and townhomes to be known as the subdivision of "Shadowbrook" pursuant to Ordinance No.8, Section 4.18, Planned Unit Developments on the property legally described on the attached Exhibit A; and \ WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and .~ / WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of Ordinance No.8, Section 4.18, Planned Unit Developments; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Bunker LLC, Inc. to develop a Planned Unit Development on said property with the following conditions: 1. Variances be granted to the following: , a. A ten (10') foot variance to the 35' front yard setback ) \ / Page Two Resolution Special Use Permit - Planned Unit Development Shadowbrook - Bunker, LLC, Inc. b. Variance from minimum lot requirements as specified in Ordinance No.8, Section 6.02 including: 1. Lot area 2. Lot width 3. Lot depth 4. Rear and side yard setbacks 5. Other requirements 2. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 3. The Special Use Permit shall be subject to annual review by Staff. \ 4. The Special Use Permit for the Planned Unit Development shall be contingent on the approval of the preliminary plat of Shadowbrook. / 5. A property owners association shall be created with the following documents provided to the City for review and approval prior to being recorded with the final plat: a. Articles of Incorporation b. By-laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, maintenance of the common areas and other requirements as deemed necessary by the City. of Adopted by the City Council of the City of Andover on this ,_1996. day CITY OF ANDOVER ATTEST J.E. McKelvey, Mayor " j Victoria V olk, City Clerk " ) / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT Property Address ,.() tC ~'A.LJE"'-_'" Z /y~"",',-r;~.-.:.--.-<~A:'! /-t/.:,,/, .r:'f'~.~,';e. ,,(c/ Legal Description of Property: (Fill in whichever is appropriate): 5/2- 4~,,-.4'L' d Lot Block Addi tion (If metes and bounds, attach the complete legal description. ) PIN Is the property: information must County. ) ----------------------------------------------------------------- Abstract :i or Torrens ? (This be provided and can be obtained from the v' ~~ (/ ~,.i.e"/ //""/-'//'~ ~ -/;-,// ~..../' _";;~/..~/ ~ -.h. I ;' ... .;" ,// . ..1 -/ c:> Reason for Request r--- . A/ .... /"__ ..("?- . // , ...",,1 --/A'L' -" ;-~".-/:~ <A..... '_ '- r < '.A ,.J -7":4...-;: y" /' ,.-;J . fi /,~ / /' "" h_ . -;~:,,--.s-.J /.~ /___ ,.,-,.J c.:/~ - V" ~ .~.. A' _ . / '<-(.77/7 .// ~ ,. Ad./.;<. .--::::..~/.-. '-'"" ~;..--~.' ~- L..../'9,:t ;E "cr./"_ /-':;'/ ~___'---~ ,-V'ft'>..J~,--,j,.?""//-J"_ ~,J.-/ L""'? ~-~':7'<--,- ,--~cE'~~""7" v ./?'/ /).. /) r;,_...../.....-.~ J . ~ ~::~~::_:~-~:~~:::::_~~~---~~~:_~~::::~-~::~:~~~~~~~~~-- Name of Applicant L"<<..-.,.J /;' -..G- ,.<(...<: c:- /. Address /c?J.? ..#.-4--JJ..-.....J .ff~'''''/ ~..J ~......~. dl ~~-:s~'7 Home Phone --- Business Phone ;0'~~~~ ~~=::~:::__~~-~~-------------------~:~:---:c~~~~-~--___ Property Owner (Fee Owner) (If different from above) Address '\ ) Home Phone Business Phone Signature Date ----------------------------------------------------------------- SPECIAL USE PERMIT PAGE 2 / The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property Torrens property I n(IJO Date Paid 4-/+/'1 t ( Receipt i (','~(-,J4:S Rev. 5-06-93:d'A 5-04-94:bh 2-0l-95:bh / 3-22-95:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. \ , j . . ....;-. L'_~~_~~ __ . I. I J \ ~ .,. ~- '" / ~ ' ( ~ C).. }.. .... ....) " ;1 -," '"'' .. ~ ^ / -t ~ - ~ ~~. "'"0 AV' .W I "" ~~:; " I '" -\ '< \ ...~". y.' I, ~:.1' J ~ :'''.0 AV[ .. r- ~ /~~I (J ~i::; oJ (\I :; 1:'- . . . - E I'IST &v[ Ill.. -' -',. , ~ ( . -.J I~TM 6V( ... BARNES ROLLING OAKS -'- ""1M Mtt. n "'T" "VI: .... I4'1T" AY€ ... "''>4 ~ NW ,. ...,," ...vt_ NW IooUTH Ai( ... I4ZNO AvE fIiIlW I4.ST ......E NW I40T" ....E Ill. IStTM oWl _ GeTM ~... . , , ..,..--------~ I ' I I I I ~TM artI: NW I34T" artI:_ IN ..- __ OW , J , \ . _./ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING , \ " ) The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, April 23, 1996 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Special Use Permit request of Bunker, LLC for a Planned Unit Development (single family/multiple family) on the property located northeast of the intersection of Bunker Lake Boulevard NW and Prairie Road. The property is legally described on Exhibit A and is the location of the subdivision to be known as "Shadowbrook". All written and verbal comments will be received at that time and location. A copy of the application and location will be available at the Andover City Hall for review prior to said meeting. i/,f:~~~ UL. Victoria V olk, City Clerk Publication dates: April 12, 1996 April 19, 1996 / " ) EXHIBlT A LFIiM. ~W PARCEL l: The Northeast Quarter of the Northwest Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota. PARCEL 2: All of Government Lot 1, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying east of the centerline of Prairie Road and lying north of the centerline of County-Road No. .116. PARCEL 3: Tha t part of Government Lot 2, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Boulevard. PARCEL 4: The North Half of the Northeast Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota. '! PARCEL 5: ~ The Southwest Quarter of the Northeast Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Boulevard except the following described property: Comnencing at the northeast corner of said Southwest Quarter of the Northeast CUarter; thence on an assurred bearing of South 2 degrees 39 minutes 49 seconds West, along the east line of said Southwest Quarter of the Northeast Quarter a distance of 406.54 feet to the actual point of beginning; thence North 85 degrees 12 minutes 39 seconds West a distance of 330.00 feet; thence south parallel with said east line to the centerline of Bunker Lake Blvd.; thence South 85 degrees 12 miIlutes 39 seconds Ecist along said centerline to the east line of said Southwest Quarter of the Northeast Quarter; thence North 2 degrees 39 minutes 49 seconds Fast along said east line to the actual point of beginning. P1\RCEr., 6: The Southeast Quarter of the Northeast Quarter, Section 36, Townsyuip 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Blvd. PARCEL 7: " The West Half of the Southwest Quarter of the Northwest Quarter, Section 31, Township 32, Range 23, Anoka County, Minnesota. j PARCEL 8: / That part of the East Half of the East Half of the East Half of the Southeast Quarter, Section 25, Township 32, Range 24, Anoka County, Minnesota, lying . southerly of a line drawn fran a point on the east line of said Southeast Quarter distant 1282.23 feet southerly along said east line from the northeast corner of said Southeast Quarter to a point on the westerly line of said East Half of the East Half of the East Half of the Southeast Quarter distant 1257.33 feet SOutherly along said westerly line fran the northwest corner thereof. Being a part of IDt 9, n AUDI'IOR' S SUBDIVISION No. 141. II PAR:EI, 9: The West Half of the East Half of the East Half of the Southeast Quarter, Section 25, Township 32,- -Range 24, lmoka County, Minnesota, except the north 673.01 feet thereof. Said tract is also known as part of Lot 8, AUDI'roR'S SUBDIVISICN No. 141. PARCEL 10: " That part of the East Half of the West Half of the East Half of the Southeast Quarter, Section 25, 'l'c:1wnship 32, Range 24, Anoka County, Minnesota, lying. south of the following described line: Beginning at a point on the east line of said East Half of the West Half of the East Half of the Southeast Quarter distant 1,357.17 feet north along said east line frO!ll the southeast comer of the said East Half of the West Half of the East Half of the Southeast Quarter, said east line has an assurred bearing of North 0 degrees 10.minutes 59 seconds West: thence North 89 degrees 47 minutes 29 seconds West a distance of 61.86 feet: thence North 81 degrees 30 minutes 36 seconds West a distance of 112.20 feet: thence North 87 degrees 50 minutes 29 seconds ~st a distance of 99.06 feet: thence South 76 degrees 00 minutes 22 seconds ~st a distnace of 53.79 feet to the. west line of said East Half of the vest Half of the East Half of the Southeast Quarter and said line there tenninating. (Said tract is also knCMIl as IDt 7, AUDI'roR'S SUBDIVISION NO. 141). J . .J Information of Andover P.U.D. j Total Area 47.2 Acres Total Units 119 Single Family 57 2 car 34 3 car 23 Town home 62 Public Street Paving 1.69 Ac. 40% less than conventional Private Street Paving 1.12 Ac. Town home 0.81 Ac. Single Family 0.31 Ac. ... J Driveways 2.38 Ac. Town home 0.97 Ac. Single Family 1.41 Ac. Total Paving Coverage 5.19 Ac. Building Coverage 5.11 Ac. Town home 2.36 Ac. Single Family 2.75 Ac. Lawn (as shown) 34.90 Ac. \ / \ . / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 7 1996 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ITEM NO. Approve Preliminary PlaUShadowbrook b. Andover Review ~~te The City Council is requested to review and approve the preliminary plat of the Planned Unit Development for Shadowbrook located in Sections 25 & 36, Township 32, Range 24 as requested by Bunker, LLC. The Andover Review Committee (ARC) has reviewed the preliminary plat and their comments are as follows: , , ) General Comments . The proposed preliminary plat is currently zoned R-1, Single Family Rural. The proposed plat is not currently within the Metropolitan Urban Service Area (MUSA). Municipal sanitary sewer and water is proposed to serve the site. . The proposed subdivision consists of 433 single family/multiple family residential lots and 1 outlot. . The developer and/or owner is responsible to obtain all necessary permits (DNR, U.S. Army Corps of Engineers, Coon Creek Watershed District, MPCA, LGU and may other agency which may be interested in the site). Andover Review Committee Comments 1. The proposed plat does identify a second access (Cottonwood Street NW north of 139th Lane NW) to satisfy the Fire and Police Departments concerns and provides future access to the property to the north of this plat. We understand the Coon Creek Watershed District (CCWD), which is the Local Governmental Unit (LGU) regulating the Wetland Conservation Act, is still reviewing this access location as it may require wetland fill. If the CCWD does not permit this crossing of the wetland, the developers may need to provide an alternate location. Note: The City Council did review the possibility of extending University Avenue Extension south of Andover Boulevard as a State Aid Street to Shadowbrook but the Council generally opposed the extension at that time.. The Fire Department is recommending a second access be provided for public safety for the northeast area of the plat. 2. There are a number of variances that are being requested with the proposed preliminary plat. The list of variances are as follows: , , 2 J The developer is requesting a variance from Ordinance 10, Section 9.06 A3 to waive the minimum requirement of the lowest building floor elevation being 3 feet above the mottled soils. Mottled soil is defined by the highest known and/or recorded water table in the area. Attached is the following for your review: 1. Letter dated August 16, 1995 from the developer's geotechnical engineer from GME. Also included is page 12 only from GME's March 6, 1995 report and their opinion as to recommended low floor elevations. 2. Letter dated April 23, 1996 from Braun Intertec who has been retained by the City Engineer to review the data provided by GME. Page 3 of Braun Intertec's report does indicate that a minimum of 4 feet separation between lowest floor elevation and the estimated groundwater level will be suitable for this development. Note: The City has not previously approved any variances to this section of the ordinance. / . The developer is requesting a variance from Ordinance 10, Section 9.06 A3 to waive the minimum requirements of allowing the lowest floor to be less than 1 foot above the 100 year flood elevation and in many cases the lowest floors will be below the 100 year flood elevation for lots adjacent to storm water detention areas. These detention areas within the development are areas that will drain dry over a period of time. The maximum stay in the worst case is 6.0 hours per Larry Olson, developer's engineer. Attached is a letter dated April 8, 1996 (revised to April 19, 1996) from GME on this issue and also a memo from the Coon Creek Watershed District Engineer, Ed Matthiesen. Note: The City has not previously approved any variances to this section of the ordinance. Those lots affected are indicated in the resolution. Also, attached is a colored exhibit from the developer's engineer showing a typical rear yard ponding after a 100 year rainfall. . The developer is requesting variances from Ordinance 10, Section 9.06 F as double frontage lots shall not be permitted except where lots back arterial streets or highways. Block 1, Lots 1-4, Block 2, Lots 1-11 and Block 4, Lots 1- 2 all have double frontage but have rear yards backing onto Prairie Road which is designated as a municipal state aid street and classified as a collector. Also, the double front lots along Prairie Road NW will have required setbacks of 35 feet on the front and rear yards. Direct vehicle access will not be allowed to access from the lots onto Prairie Road. / . The Andover Review Committee is concerned that the traffic volumes will exceed the functional classification for a local street. Local streets are determined to be less than 1,000 vehicles per day. It is projected that various 3 , streets within the plat may exceed this classification and would meet the definition of a collector street. In addition, streets classified as a collector street would need a variance from Ordinance 10, section 9.02 C due to the fact that preliminary plats shall not be approved wherein lots front on the right- of-way of collector roads. / Note: It is important to let the City Council know that when traffic volumes are higher, complaints increase by residents and more traffic control such as traffic signals or stop signs, speed bumps, etc. are requested. This development will also have an impact at the intersection of Prairie Road NWand Bunker Lake Boulevard. Keep in mind other existing and future developments have caused and or will continue to cause an impact to this intersection also. The City has received calls from other users of Prairie Road requesting traffic signals be installed because of the difficulty of accessing Bunker Lake Boulevard. The City Council has requested the Anoka County Highway Department to perform a traffic study at this intersection. . Variances be granted from Ordinance 8, Section 6.02 for a 10 foot variance to the required 35 foot front yard setback for Lot 33, Units 34-59 of Block 1 of Phase II; Lot 1, Units 1-32 of Block 7 of Phase II; and Lot 1, Units 2-63 of Block 8 of Phase II. / J . Variances from minimum lot requirements for Lot 33, Units 34-59 of Block 1 of Phase II; Lot 1, Units 1-32 of Block 7 of Phase II; and Lot 1, Units 2-63 of Block 8 of Phase II as specified in Ordinance 8, Section 6.02 including the following: 1. Lot area 2. Lot width 3. Lot depth 4. Rear and side yard setbacks Other Comments by the Andover Review Committee 1. Butternut Street NW located in the general area of Block 7 and 8 of Phase 2 was platted under Auditors Subdivision No. 141. The right-of-way will need to be vacated. The vacation will need to take place prior to the final plat being approved. 2. The development is recommended to have sidewalks. Attached is the proposed layout where sidewalks would be proposed that was presented to the Planning and Zoning Commission. The Commission was not recommending the proposed layout presented by the Andover Review Committee but to come up with a reasonable routing of sidewalks to real destinations of the trails running east-west along Bunker Lake Boulevard and providing some north-south links within the site to that and looking at a link along the east side of Prairie Road and another location on the east side of the plat to be determined. The developer at this point is willing to propose a 4 , " sidewalk along Prairie Road at their cost but is not recommending sidewalks within the development itself. . / Andover Review Committee Recommendation Three options exist for the City Council to consider. 1. Recommend approval of the preliminary plat with the identified variances. 2. Recommend denial of the preliminary plat. 3. This item can be tabled at the developer's request. Planning and Zoning Commission Recommendation The Commission at their April 23, 1996 meeting is recommending to approve the preliminary plat of the Planned Unit Development on a 4-Yes, 1-No (Wells) vote. A copy of the commission meeting minutes is included in your side pocket of your packet for your review. Park and Recreation Commission Recommendation The Commission at their May 2, 1996 meeting is recommending the dedication requirements be a combination of land (5.5%) and cash (4.5%) as determined in Ordinance 10, Section 9.07. 8.01 IDENTIFICATION AND DESCRIPTION / a. Proposed name is Shadowbrook. d. Scale is 1" -100' g. The preliminary plat and the grading, drainage and erosion control plan were prepared by Midwest Land Surveyors and Civil Engineers, Inc. 8.02 EXISTING CONDITIONS b. Total acreage is 260.7. c. Existing zoning within 300 feet of the proposed plat has been shown. f. Location of all existing telephone, gas, electric and other underground/overhead facilities are shown on the preliminary plat per ordinance requirements. g. The boundary lines within 100 feet of the plat have been shown along with the names of the property owners. h. A Tree Protection Plan will need to be submitted to the Tree Inspector for review and approval. "- j. A soil boring report has been received by the City. ) 8.03 DESIGN FEATURES 5 a. The proposed right-of-way as indicated is 60 feet. '\ / c. The sanitary sewer, watermain, storm drains and street will be designed by the City's consultant. g. The setbacks for each lot are shown for the single family residential area. h. The proposed method of disposing of surface water has been shown on the grading, drainage and erosion control plan. 8.04 ADDITIONAL INFORMATION b. Sewage disposal facilities will be municipal sewer. d. Rezoning and Special Use Permit of properties will be required. f. Flood Plain Management is regulated by the Coon Creek Watershed District (see Section 9.04(b) for additional information regarding the 100 year flood elevation). g. Street lighting is required and the installation costs will be paid for by the developer. j. The total linear road mileage for the proposed plat is 5.0 miles. 9.02 STREET PLAN / a. The typical section, right-of-way and grade are indicated on the preliminary plat. 9.03 STREETS a. The proposed right-of-way is shown as 60 feet which conforms to standards by classification. n. Boulevard is required to be topsoil and sodded. 9.04 EASEMENTS b. A drainage easement has been shown to follow the 100 year flood elevation. 9.06 LOTS e. The developer is responsible to obtain all necessary permits form the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 9.07 PARKS, PLAYGROUNDS, OPEN SPACES \ ) Park dedication as recommended by the Park and Recreation Commission. 6 \ , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF SHADOWBROOK BY BUNKER. LLC LOCATED IN SECTIONS 25 AND 36, 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 comments were favorable; 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. Variance from Ordinance 10, Section 9.06 a3 to allow the developer to use the report from GME Consultants dated March 6, 1995 and letter dated August 16, 1995 to establish the lowest floor elevation based on estimated groundwater level and waive mottling soil requirements contingent upon the GME and Braun Intertec reports regarding the evaluation or monitoring of the groundwater during the mass grading. 2. Variance from Ordinance 10, Section 9.06 A3 to allow for the developer to use the letter from GME Consultants dated April 8, 1996 (revised April 19, 1996) to allow lowest floor elevations to be lower than the 100 year flood elevations for detention ponds (areas that drain dry over a period of time) for the following: Phase I Lots 7 & 8, Block 2 Lots 16 & 17, Block 3 Lots 26 & 27, Block 3 Lots 23, 24, 30, 31 & 33, Block 3 Lots 4,5,17,18 & 19, Block 5 Lots 8-14, Block 5 Lots 2, 3, 4 & 11, Block 6 Lots 1, 3 & 4, Block 9 Lots 11 & 12, Block 9 Phase II Lots 1 & 2, Block 3 Lots 10 & 11, Block 3 Lots 4, 5, 10 & 11, Block 4 Lots 17, 18,20-23, Block 4 Lots 1, 2,4,5 & 15, Block 6 Lots 46-61, Block 8 3. Variance from Ordinance 10, Section 9.06 F to allow double frontage lots along Prairie Road. Block 1, Lots 1-4, Block 2, Lots 1-11 and Block 4, Lots 1- 2 are affected. 7 " j 4. Variance from Ordinance 10, Section 9.02 C due to the number of streets that will meet the definition of a collector street. This section of the ordinance states that preliminary plats shall be approved wherein lots front on the right - of-way of collector streets. 5. Sidewalks will be required where specified by the City Council. 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. Park dedication as recommended by the Park and Recreation Commission as determined. 8. Contingent upon receiving Special Use Permit for the Planned Unit Development. 9. Contingent on MUSA approval. 10. Variances be granted from Ordinance 8, Section 6.02 for a 10 foot variance to the 35 foot front yard setback for Lot 33, Units 34-59 of Block 1 of Phase II; Lot 1, Units 1-32 of Block 7 of Phase II; and Lot 1, Units 2-63 of Block 8 of Phase I!. 11. Variances from minimum lot requirements for Lot 33, Units 34-59 of Block 1 of Phase II; Lot 1, Units 1-32 of Block 7 of Phase II; and Lot 1, Units 2-63 of Block 8 of Phase II as specified in Ordinance 8, Section 6.02 including the following: . Lot area . Lot width . Lot depth . Rear and side yard setbacks , / Adopted by the City Council of the City of Andover this ...l1h... day of May , 19.92. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk - , J . , - / WATER TABLE '\ / INFORMATION '\ . ) ",~~:'.~~~~~\:~~~~:f~~Ii~JIFf;?j1i~-.;;~;~;_I~f~~?~':{;:.,;:,-~ '."~~-'-:,:~- . . -.-. .. '.' "'';':;. . " March' 6,' 1995 . -..-~"......-:---.., '.-. .."..- . Floor Slabs , _. .' --- . - The~::r~comme~ded- sit7'" ~r~paration program' will provide appropriate ~..--- _:"'--_.~:--~ ... -.- ";-- ...." ~._-- - - ---.--..--- -.. support for the garageiand basement floor slabs. Because of the relatively shallow groundwater table at this site, we recommend that the a vapor barrier covered with a 4 to 6 inch sand cushion should be installed below house basements. The purpose of the vapor barrier is to retard migration of water vapor upward to the slab. Such water vapor can adversely affect adhesion of tile or carpet, can warp wood flooring, or can cause excessive dampness on basement floors. / Basement Floor Elevations Based on our interpretation of the available soil boring data, it is our opinion that the lowest basement floor elevations in the subdivision should be established at 890 to 887 feet, from east to west. This would be about 4 feet above the piezometric groundwater levels which we recorded. Foundation Wall Desiqn and Backfill We recommend that an exterior, subgrade, perimeter drain system~ installed around all house basements in this subdivision, in accordance with the requirements with FHA Special Bulletin 87-1. This would \ consist of a 4 inch slotted or perforated pipe, installed at footing level around the exterior perimeter of the basement, bedded in and ( GME CONSULTANTS.INC. I ~~~~~?~::"~.:~~::~@F'i~~J~:;~~!~t?J;;1r;~;"~1::~i.~'~~{~.~~~~~~f i .i::"T:':':,~~::......__.. ..........;. ::.., GM'" 'E'::C:" O' 'N""'S' "U;"~''''''N'''''T'' S' -"IN:'C'''")'~'~ ~l I -::~. :f;;;':::':;:-.:~.: ::::: ...., '. '. . . . . - .: . _: -. . :.. ~ 1M. ;': .::..:.. :.:ft..--.:' I . . . } . CONSULTING ENGINEEFlS i / 14CXXJ 21 st Aw.. No./Mimeapolis, MN 55447 , Pha1e (6121559-1859 / Fax (612l559-0720 .. ... " " ..August 16, 1.935 Mr. Gary Gorham Bunker LLC - Gorham Builders, Inc. 10732 Hanson Boulevard Coon Rapids, Minnesota 55433 GME Project No. 5060-A RE: Observations and recommendations for the proposed Shadowbrook Housing subdivision at Bunker Lake Boulevard and Prairie Road in Andover, Minnesota Dear Mr. C~rham: This letter covers our services to help delineate the extent of a buried organic silty layer, discussed at the site meeting held on July 7, J.995. ~~ j Project Descrintion Based an information from our soil boring logs, a 5 foot thick layer of organic silt was discovered during our exploration of this site. This information was included in our March 6, 1995 subsurface exploration report. ' Site Observations o ...--.On....July -20,.. 1995, Mr. Erin J. -O'Brien of .GME Consultants, in conjunction with Pine Bend Excavators, explored six test pits in an attempt to delineate the boundaries of the organic soil layer. The test 'pits were excavated with a backhoe supplied by the excavator. A layer of organic silt or peat was encountered in three of the six test pits at depths ranging from 13 to 15 feet below surface. The organic sail layer was 3 feet thick at its thickest paint and tapered to 1/2 foot thick within SO lineal feet. The organic soil pocket appears to cover an area 100 feet south of boring .9 and 50 feet east. . and west of baring 9. The static water elevation as of August 3, 1395' for this location was 878.5 feet, NGVD.' Reeommendations Based on our observations of the test pits, we recommend the complete \ removal of the organic soil pocket which was exposed during the ) excavation of the test pits. . .' WILLIAM c. KWASNY, R E. '0 .: . '. GREGORY R. REUTER. RE. . - ...__:,; . ;:MARK D. MIlLSap THOMAS PAUL VENEMA, RE. WYATT A. GUTZKE. RE. o SANORA J. FORREST AA EQual Qpgc<Wli<y EtToIoy..- WIWAM E. SLOEMENDAL. RE. MEFlVYN MINOEss. P.E. STEVEN J. RUESINK. P.E. ~14:41 . MIDWEST LS &. CE 612 786 9208 P. 05/00 . .: .- .... ::: .. )'!:~~~~~~r-1:~~'f.!F -~~;~~~:"" ....... ....' . ...... ._" . '_'~"':--."'7":..~-::::......r-~7""-:' ....... - ....--..... ..... ., .., .,' :_: :' ..:':-::.:~:',,:'.:'. .: .:.. 0":' .,...'.. ...... 00 . ..';..Mrr:.Gary ..Gorham.~.=:-~"..~:- u~,.;..;.,..--+,.;2 .-- -.-.:. "--0' .,..... . . ......_oJ... _. . . _.....,~..._..._...&.-.-. ','- .0' . .. ';':GME proJect 'No.~'506Q-:A-:--:-:".";--- .......:..-- . ..~.._. . :...~-~:~~...~~~.::' " .Augu~t-18, .:1~~S .. ......- -...... .. :,.,. ./ Based on the information..prov.ided..by Midwest. Land Surveyors and civil Engineers, Inc., the g~q~ndwater elevation at the time of testing was 878.5 feet, NGVD. We recommend that the lowest basement elevation in this area be 882 feet or higher. st:.andard of Care The recommendations contained in this report present our professional opinionS. The soil testing and geotechnical engineering services provided for this project have been conducted in a manner consistent with that level of skill and care ordinarily exercised by other members of the profession currently practicing in this area under similar budgetary and time constraints. No other warranty, expressed or implied, is made. When yOU require additional information or services, please call Merv Mindess or Steve Ruesink at 559-1659. Sincerely, / GME CONSULTANTS, INC. ~ il//J<--- C.....--. V ~'" Erin J. 0' ien, E.I.T. p~cc Engine~ Me~ss, P.E. Principal Geotechnical Engineer . -.... .', .... ----- .- ... .-.... .... ... ... Sketch Showing Approximate Test Pit Locations Test pit Logs Enclosures: EOB: MM: bml c:\eob\SOGO-A.rpt BRAUNS. INTERTEC Braun Intertec Corporation 1017 1 09th Avenue Northeast Blaine, Minne,ota 55434-3729 612-487-3245 Fax: 754-2750 / Engineers and Scientists Serving the Built and Natural Environments " April 23, 1996 Project BPDX-96-044A Mr. Scott B. Erickson, PE City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 D""'...... '"'-Jt'_?:c 'R ;r,:;~ ....~ "'-'........~ ,:~ \,. '{''l' ~l! . '-'{a Dear Mr. Erickson: r- -r, AP,R. 24 1996 vii v .. ',' j ,--'r- ,~f\Jr '{. _ l.l\..IV,:.-:.p Re: Groundwater Evaluation for Proposed Shadowbrook Housing Development Located Northeast of Prairie Road NW and Bunker Lake Boulevard in Andover, Minnesota. We have completed our review of the available groundwater data for the proposed Shadowbrook housing development. The purpose of our review was to help the City of Andover evaluate the appropriateness of proposed lowest level floor slab elevations in regard to apparent groundwater elevations at the site. '. A vaiIable Design Information The proposed development is located northeast of Prairie Road NW and Bunker Lake Boulevard, and encompasses an area of about 300 acres. Single family residential structures are planned for throughout most of this development, with townhome structures to be located in the northeastern portion of the development. Numerous roadways will be constructed to provide access to the structures. Underground utilities consisting of sanitary sewer, storm sewer and water main, and fifteen storm water detention ponds will also be constructed throughout the development. / Available Documents To help us in our evaluation and in the preparation of this report, the following documents were provided for our use: . Pages 2 and 3 from City of Andover Ordinance. . Preliminary Plat prepared by Midwest Land Surveyors and Civil Engineers, Inc. (Midwest) dated February 6, 1995, with last revision dated April 4, 1996 (Sheets 1 and 2). . Grading, Drainage and Erosion Control Plan prepared by Midwest dated October 20, 1995, with last revision dated April 4, 1996 (Sheets 1 and 2). . Subsurface Exploration report prepared by GME Consultants, Inc. (GME) dated March 6, 1995. . Observation and Recommendations report prepared by GME dated August 16, 1995. . Tabulation of water level readings from Test Pits #1 through #9. . Groundwater Levels and Design Basement Floor Elevations report prepared by GME dated March 8, 1996. \, ~/ '\ / City of Andover Project BPDX-96-044A April 23, 1996 Page 2 Summary of Results " Based on the data sent to us, we understand that City of Andover Ordinance #10 indicates that the lowest floor slab for residential structures that are served by municipal sanitary sewer are to be at least 3 feet above the highest known and/or recorded water table. The ordinance further indicates that the seasonal high water mark can be determined by mottled soils and is regarded as the highest anticipated water table. The lowest floor elevations are also to be at least 1 foot above the lOO-year storm water elevations of the detention ponds. In January of 1995, GME performed 27 standard penetration test borings within the proposed development area. Piezometers were installed in two of the boreholes (Piezometers P-9 located in the northwestern portion of the development and P-26 located at the southeastern corner). The soils encountered in the borings are typical for this area, consisting primarily of fine-grained sands (ranging from poorly graded sand to silty sand). Mottled soils were not noted on any of the Log of Boring sheets. During drilling, water was noted on the Log of Boring sheets in 22 of the 27 borings at depths ranging from about 2 to 15 feet below the ground surface. Those depths correspond to approximately elevations ranging from about 873 to 887. The latest water level reading performed by GME in piezometers P-9 and P-26 on February 24, 1995, indicated water level depths of 9 and 3.9 feet, respectively. These depths correspond to elevations of 883 and 887. / Moisture contents of the soil samples obtained during drilling were estimated by GME and are indicated on the Log of Boring sheets. The depths at which the soils were wet corresponded closely to the water level readings indicated in the borings and piezometers. The soils above the water levels were indicated to be damp. No areas of perched or trapped water were indicated on the boring logs. Since the most recent water level reading recorded in the two piezometers in early 1995, we recommended that an additional reading be taken. You subsequently requested us to perform that reading. On April 16, 1996, we recorded water level elevations of 883.2 and 888.2 in Piezometers P-9 and P-23, respectively. These elevations correspond very closely to the previous reading taken over one year earlier. Numerous test pits were also dug in the center portion of Phase 1 of this development to better evaluate the soil and groundwater conditions. The locations of the test pits are indicated on the Grading, Drainage and Erosion Control Plan. Water level elevations were recorded in the test pits between July 28 and August 17, 1995. During that time, water level elevations ranged from about 878 1/2 to 884 1/2. / Bunker Lake exists south of the southeastern portion of the development. The Grading, Drainage and Erosion Plan indicates an average water level for the lake of 883.9 and a highest water level of 886.1. Numerous large wetlands exist throughout and around the perimeter of the development. The ground surfaces of the wetlands exist at elevations ranging from about 879 and 882. Coon Creek exists north of the site. The lOO-year water level of the creek indicated on the Grading, Drainage and Erosion Plan slopes from 879.4 near the northeastern corner of the '. '\ J / City of Andover Project BPDX-96-044A April 23, 1996 Page 3 development to 878.3 near the nortti-central portion of the development. The Grading, Drainage and Erosion Plan dated 10/20/95 and last revised on 4/4/96 indicates l00-year design high water level elevations ranging from 882.0 to 888.9 for each of the detention ponds. Groundwater Evaluation Mottled soils can be used to indicate the historic highest water level. However, mottling may be as much a geologic phenomenon - developing over hundreds or thousands of years - as it is a seasonal phenomenon. Thus, mottling that is observed today may be indication of groundwater levels that existed prior to modern times. In Anoka County it is common to find mottled soils relatively close to the surface, even though groundwater may exist at great depths. For residential structures, particularly those with municipal sewer systems, it is our opinion that determining lowest level slab elevations based solely on the elevation of mottled soils can be too conservative. Instead, we recommend that the lowest level slabs be determined based on groundwater information derived through a hydrogeologic evaluation. Such an evaluation does take into consideration mottled soils, but also includes the location of current groundwater elevations (both static and perched water) based on information gathered from soil borings and piezometers, and an evaluation of the possible effects adjacent drainage structures or ponds may have on the groundwater levels on the site. With this information, a reasonable separation distance can then be determined which is based on a broader range of information (i.e. borings, piezometers, period of groundwater measurements, and complexities of or modifications to geohydraulic conditions on the site.) Based on our review of the available data, it appears that groundwater slopes from approximately elevations 880 to 885 in the center (higher) portions of the development down to or slightly below the surface elevations of the wetlands which are at about-elevations 879 to 882. We have compared the Minimum Floor Elevations indicated on the Grading, Drainage and Erosion Control Plan to the estimated water levels, and it appears that about 4-feet or more of separation exists between the water level and the Minimum Floor Elevations for each of the lots. ~ Based on the available data, it is our opinion that a minimum 4-foot separation between the lowest level floor elevation and the estimated groundwater level will be suitable for this development, and the risk of wet basements due to significant fluctuations in the static groundwater level will be minimal. Also, as a point of reference, FHA/HUD also accepts lowest level floor slabs a minimum of 4 feet above the water level. -) To further reduce the risk of wet basements, during house construction, we reconunend that probes or shallow test pits be performed at the base of excavations. Additionally, numerous test pits should be dug during mass grading to better evaluate the groundwater level throughout the site. If groundwater is observed close to the lowest floor slab, modifications can then be made prior to house construction. Concerns Regarding Buried Organic Materials As discussed in our meeting, one of the borings (Boring B-9) and many of the test pits performed in the northeastern portion of Phase 1 of the development encountered approximately 5 feet of highly organic material (organic content of about 67 percent) buried beneath 14 feet of sand. City of Andover Project BPDX-96-044A April 23, 1996 Page 4 / The organic 'materials are highly compressible and consolidation will occur if these soils are built upon. Based on our experiences in this area of Anoka County, these types of buried organic conditions are typically prevalent on the northern sides of marshy areas. It is believed that these conditions are the result of strong winds blowing the fine grained sands into and over adjacent marshy area. We recommend that close observations be performed during the mass grading of this development. The observations should include numerous deep test pits that are particularly concentrated on the northern sides of the marshy areas that exist in this development. General The opinions and recommendations indicated in this -report are based on the data provided to us. We will not take any responsibility for the accuracy of the data. It should also be noted, that long-term fluctuations in groundwater conditions will occur. Services performed by the geotechnical engineers for this project have been conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in this area under similar budget and time restraints. No warranty, expressed or implied, is made. If we can be of additional assistance or if you have any questions regarding this report, please call Bob Janssen at (612) 487-7017. / ~~ North Suburban Area Engineer / ksr: rjj\kah \bob\b96-044 . / TEMPORARY POND INFORMATION \ . ) - Ilm Eg April 8, 1996 Revised April 19, 1996 GME CONSULTANTS, INC. CONSULTING ENGINEERS 14000 ~1 st Ave. No.1 Minneapolis. MN 55447 Phone (612) 559-1859 I Fax (6121 559-0720 / " RECEIVED Mr. Larry Olson and Mr. Chad Setterholm Midwest Land Surveyors & Civil Engineers, Inc. 199 Coon Rapids Boulevard Coon Rapids, Minnesota 55433 APR 22 1996 CITY OF AI\lOOVER GME Project No. 5060-A RE: Review of drainage swales for the Shadow Brook Housing Subdivision at Bunker Lake Boulevard and Prairie Road in Andover, Minnesota Gentlemen: You have provided us with your computed peak storm water elevations and detention times for the various swales and ponds proposed within this subdivision. You asked us to review these data with respect their effects on adjacent house basements. We have now concluded our hydrologic review of this phase of the proj ect. For this review, we assumed that the fine sand with silt and silty fine sand has a permeability on the order of 2 x 10-5 cm/sec. (3.9 x 10-5 ft/minl. Specific laboratory or field permeability tests were not part of our scope of work for this project. It is our estimation that it would take over 10,000 minutes for the water in the swale to seep through the sand towards the nearest house basement, whereas your computed storm bounce times for the various swales are all in the range of 129.6 to 316.8 minutes. " / On this basis, we conclude that the system as you have designed it would be satisfactory, and would not have detrimental effects on the house basements. Based on our calculations, and the storm water elevations and detention times supplied by Midwest, it is our opinion that storm water will not seep into the basements. Our computations are based on the data you provided, which we have not checked or reviewed. However, our computations were done in accordance with generally accepted methods for analyzing groundwater flow through soils. A sample computation sheet is appended. We trust that this provides the information you requested. If you require additional information, please call us. Sincerely, GME CONSULTANT~ Mervyn Mi dess, P.E. Principal Geotechnical Engineer ~~.4~ Gregory R. Reuter, P.E. Senior Project Engineer cc: Mr. Scott Erickson, City Engineer - City of Andover \ >/ MM : smc c:\mm\S060-a.ltr WilLIAM C. KWASNY, RE. GREGORY R. REUTER. RE. MARK D. MlllSOP. RG. THOMAS PAUL VENEMA. RE. WYATT A. GUTZKE. RE. SANDRA J. FORREST. RG. WilLIAM E. 8l0EMENDAl. P.E. MERVYN MINDESS. RE. STEVEN J. RUESINK. RE. An Equal Opportunity Employe!" '\ / ~~PLf ~ALCu~4~o~5 fFFfCT5 of Df1WT'aN P4rJO> IJN I+vJ~c(-NT rhUS(;- ~P5Gvi~S IN c; HADow 6I<fJDK) ftwDD ~ Gmr: #SD60 A -. J C OtFP/(I{;m of Pd(NlMB/L/'l/) )( ~ IOOb Dlo1- CtrlS!Se {';1l r:/Nt:-' To Ml-U. SAlVo (Sf) ~D ~ ,05 em. K.:: ,Z5 CI"r15/sec. K.== .4922 tf!m,';lw DARcY'5 LAW ~ Q ::= )( GrA. -= K.iJtt.A . L Q =: k. G. -= V (VWCiZ'f) ~ FDiC SWFrLt =#= / : v -= .4322 lifu1~ TD SttP ~ 0 \ : (00' .~ D OhG I FPM 'f. _O.g_ -= ~DJ 3i0,$ MIN. 30.9/ MIN. > ) ) ~16'D MLV. ,0 D66 rPM DE-1tNT10tJ TIN\E $,'28 H- - /. De;IGN IS O,k. \ -/ 1n~ ~)p.t G Mf CatJSULTftN'Ts The ) f APRIL '3) 19 ~6 '. M E M 0 RAN DUM ~/ ((IJ) MONTGOMERY WATSON " To: Todd Haas, Tim Kelly Date: June 7, 1993 From: Ed Matthiesen Reference: 2028.021113/1/2 Subject: Lowest floor elevation adjacent to iitterior ponds . / Recently. we've been discussing the District's and,city of Andover's policy regarding lowest floor elevations in relationship to interior pond lOO-year elevations. Currently, the city of Andover's building department has been issuing building permits with the lowest water entry point 1 foot above the lOO-year elevation, while the engineering department has been interpreting the ordinance as the lowest floor is to be 1 foot above the lOO-year elevation. Using Darcy's Law for groundwater flow, I believe the engineering: department's interpretation is probably too conservative. As one example, I looked at Winslow Hills 3rd Addition. Given: Pond near Lot 3, Block 4 lOO-year elevation Outlet elevation House lowest floor Building to pond distance from edge of water Lino and Sartell soils 895.4 894.5 895.0 15 feet Darcy's Law V=PI Where: v = Velocity P = Permeability I :::: Hydraulic gradient \, / 17/Z'd Sl66 E6S Zl9 NOS1~M ^~3W091NOW WdZl:170 96, Bl ~d~ '. .J '. / Therefore: o P from the Anob County Soils Survey for Lino and Sartell is between 6.0 and 20.0 inlhr. Use 20 in/hr. I ;;; 0.4 ftll5 ft ;;; '0.027 Porosity is 0.30 ' v "" ~( 1 )(O.027)~177in/b:r hr 'Q.3 , Therefore, for this house to be affected, the lOO-year water elevation would have to be at its penk for 102 hours [151 O~3)( :;7 ]] The TR-20 analysis supplied by TKDA shows the input peak to occur over no more than I hour. Even assuming an outlet hydrograph with a peak of 6 hours, this is considerably less than the 102 hours needed for the water to reach the home. ' Using the same calculation and assumption, the water elevation could be 7 feet higher than the house before a drop of water would reach the lowest floor in 6 hours. Obviously, this doesn't take into account gl'oundwater infiltration by surface water adjacent to the pond and groundwater flow as the pond fills. In summary, for most cases, it appears that requiring the lowest floor elevation to be a minimum of 1 foot above the lOO-year elevation is probably too conservative. My recommendations for interior pond building elevations are as follows: . The lowest floor elevation is to be 3 feet above mottled soils or 1 foot above the 100- year elevation, whichever is greater. However, if it can be shown by Darcy's Law, supporting data from the Anoka County Soil Survey, and the pond outlet hydrograph, that the building will not be adversely affected, the lowest floor may be set at 3 feet above mottled soils. . The low water entry point must be at'least 1 foot above the emergency overflow or 1 foot above the peak water surface: elevation resulting from 2 lOO-year storms, whichever is lower. 17/E'd Sl66 E6S ~19 NOS1~M ^~3WO~lNOW WdE1:170 96, 81 ~d~ . , , J STATUS OF COON CREEK W A TESHED DISTRICT PERMIT ~ , , / MAY-03-1996 10:10 FROM COON CREEK WATERSHED DIST TO ANDOVER P.01 .. mo":,,, '~ / C R ,E E It W A T ,E ~ S H E 'p PIS T R I :CT' C e n' tr a I A V," n u" N (} r t" <II a 5 t . S u ,., e I 00 . 8 I a In e . M inn" . (} t a 5 '5 4 '3 " ' MEMORANDUM """* fad Date: May t 1996 To: Mark Kjolhaug, RLK Assoc. Larry OlSQn. MidWest, From: Mark JacoOson, Water Resources specia~ ' Tim Kelly, District Administrator RE: ,Review (jf April IS, 1996 Wetland Alternatives and Sequl:l1cing for Shadowbrook by RLK As~oc., tt:Tony Emmerich, Bunker LLC Scott Erickson, Andover, , , Tim Fell; COE Bob B6yum, CCWD This memo is in response ro your ~cst for an initial review of the ~u~ciDg and Altcniatives document for Shadowbrook. The fl.mpatt of the rwiew,lays out a briethistory of the project and the second part reviews the specifics of the above mentioned documeot. , / Proiect,tt;i~tOIJ: ' April 13, 1995 - Meeting on-site with T. Emerich, R. Larson,}. Fell and T. Kelly to ~ew;md discuss delineated wet1andboundary on wetland basin C, pctcrrnination was made that wetland basin C was not dlbctiyely dri!incd, although portions of the basin within the 3Quth;rn wetland boundary, as preliminary delineated by Larson appeared to be non-wetland. MAy 10, 1995 . Mccting on-site with R. Larwn and T. Kelly to inspect the final wetland, delineation and proposed mitigation areas on the entire site. The:final delineation was found to be substantially accurate. Minor inaccuracies were noted including a portioo of the southern boundary ofwctland basin C. ' , ' S(,ptemoor 14, 1995 - Meeting at the Coon Creek Watersi1e!l District <GCWD) offiQe with T. Emmerich, L Oison; T_ Fell, T. Kelly, and M. Jacobson to cfu:c~s wetland issucs_ The' CCWD and th<: US Army COrps ofEogineers (COE) recommended a redUction in the wetland till and excavation from over 5 acres to less than 3 acres in order fur the project to be considered under the COE's Regional conditions, avoid the 404 individual pennitprocess and be administered under GP-17 _ The COE recommended the wetland excavation be reduced to under 3 acres and be limited ro tm: dcgr.mc:d C&5t portion of the wcdand only, to avoid the high quality wcdand areas. November 22, 1995 . Coon Creek Water,shed District staff submitted comments on the Environmental Worksheet (EA W) for ShadowbrOok. Items 2, 3 & 4 of those comments address the wetland an~ storm water CODOOrns and criteria Item 2 repeated the understanding aDd desire to \ \ j 1 PrlrtAd on rQe.vol.e' p(J~., MAY-03-1996 10:11 FROM COON CREEK WATERSHED DrST TO ANDOVER " stay under 3 acres of impact which was discussed Sept\:lTlber 14, 1995. Item 4 stated tbat drainage sensitive uses exist down stream from this land and stated the storm water design criteria. ~/ March 11, 1996 & Coon Creek Watershed District Board reviewed and tabled the permit application for Shadowbrook stating 13 stipulations. Two of those (stipulations 2 & 3) addressed the alternatives and sequencing analysis required under thc WCA and the 404 Pre-discbarge Notification process administered by the District under GP-17. Fi~ of the stipulations (6,7,8,9, & 13) addressed teChnical and adminisnative daails which arc required 10 adoquately review and TOCOrd mitiga.tion areas. March 12, 1996 - A notice of Pennit Application Status was sent to Bunker LLC noting that the application had been tabled and noted 13 concerns. ,) March 13, 1996. CCWD staff met with L. Olson to review the Board's decision. He was informed that a sequencing and alternatives analysis is nc:eded fur cn;h impact site. To provide assistanCQ rta.ff reviewed how the "findings" arc stnlctured and feCQlIVl'lended th.llt the alternatives and sequencing analysis be formatted by impact area and provided thc following comments and suggestions : 1.) The alternatives for the fOad fill on 138th Ave. were adequately addressed. 2.) The alternatives for wetland fill to provide for the extension of Cottonwood St. were not adequately addressed. It is not prudent to rccormnend approval of balf a road across half a wetland basin. 3.) ~ wetland fill for the berm at the west end of the proposed wetIllnd excavation in the northern part of the project were not addressed. Alternatives to the construction of a benn within the wetland for the purpose of using the wetland as a rate control/water quality treatment fucility were suggested. These alternatives included no structure and using the entire basin. Control would be provided through infiltzation over the entire area and by the 1a.tera1 effect of Ditch 57. It ~ noted that calcuIatioos would need to be dooe and assistance in structuring the hydrologic probl\:ITI was offered Mareh 19,1996 - CCWD staffmct with T. Emmerich, L. Olson, and G. Gorham to discuss wetland issues. The applicant stated that the alternative of using the entire wetland area between Coon Creek and the proposed wetland excavation for rate control from the portion of the project discharging to that wetland had been studied. The applicant argued that this alternative was not prudent because it was unpredictable, presented a potential risk 10 neighboring properties outside the control of the applicant. No other alternatives were considered. District staff rcpcatcd that the alternatives and sequencing analysis be funnatted by impact area, and reviewed the general nature of arguments supportive of what is being proposed, and the practical and policy constraints and needs on issues such as the extension of Cottonwood. April!, 1996 - T. Kelly was contacted by M. Kjolhaug indicating that RLK had been contracted to review the project and write up the alternatives and sequencing analysis. Kjolhaug indicaleQ ttJat ItQ quostioncd the oonclllsion that jllrisdil;tional. wetland cxim in the area of basin C. , , / 2 P.02 "\ / / "- ) MAY-03-1996 10:11 FROM COON CREEK WATERSHED DrST TO ANDOVER P.03 Kjo1haug was informed of the status of the current delineation. and ofthc monitoring requirements to contend the current delineation. Kjolhaug was also informed t1Jat the current alternatives analysis needs to state the alternatives and arguments for each impll.ct area and attempt to keep the total adverse impact below three acres. At present CCWD staff has no evidence, or compelling arguments for recommending the fill associated with the cxtaJsion of Cottonwood street. Kjolhaug was informed that the concern is that the extension of Cottonwood doem't go lUlywherc, and the timing of any ~lopment to the north, while likely, remains highly unrertain to the Watel"$hed District. Staffreeommended to Kjolhaug that the applicant request the District to establisb its position on allowing such fill under appropriate circumstances. Kelly indicated to Kjo1haug that pennitting fill for access to developable land and providing second accesses to subdivisions when no readily appan:nt alternative exists is an established preeedcnt of the CCWD Board. Kjolhaug was also informed that the issue of the berm /$Cross basin C was not discussed prior to application. This complicated the review ofthc berm's impacts bec:wse the information up to ~ point of application was that the excavation of basin C was principally fur aenhetie purposes (and potentially sand). However, the plans show a major use for storm water and a potentially greater than 3 acre impact resulting from the bam and the storm water fluctuations. Kelly indicated that the majority of the issues surrounding basin C are tied to resolving the storm water discharge issue related to the: drainage SC;:rnlitivc uses criteria while not converting the basin exclusively for the function of storm water storage. Kelly indicated that ponding in a traditional civil engineering manner may not be the solution and that an alternative that has not been evqJuatcd is diKha.rginJ into the basin C from a sediment basin as far to the east as possible and evaluating the infiltration capacity. April 8, 1996" T. Kelly was contacted by M. Kjolbaug concerning the altem;Uivcs analysis. Kelly indicated that the alternatives analysis for 135th Ave. was adequate based on public safety concerns and the need for a second access. lbe CJ\~ion of Cottonwood remained in question because it does not connect with anything proposed. The bcnn conversion and pending in basin C have yet to be adequately addressed from either a stann water or wetland perspective. May 1, 1996 Review of April IS, 1996, Sequencing and Alternatives Discu....sion by RLK &. Assoc The above sequencing discussion dOCll not structun: the alternatives by impact area. It is therefcx:e difficult to determine the exact alternatives and arguments that apply to c:ach impact From the discussion provided, staff finds the following: Wetland Fill for 138th Ave. Street Crossine The purpose of this fill is fOr access to the development. The argument presented is fur public safety associated with multiple access to the developl11l.ml The alternatives and sequencing analysis for this proposed wetland fill were sati,faaorily addressed previously. We had notified the applicant's agents that the initial se(J.uetlClna document had adequately addressed this issue. Wetland Fill for Future Enension of Cottonwood Street The purpose of this fill is for access to the property to the north. The argument, we presume, although it is not clcady stated, WQuld appear to be associated with convenience. 3 -.-.. .-- ----.--.-. MAY-0]-1996 10:12 FROM COON CREEK WATERSHED DIST TO ANDOVER '- Since it is uncertain if and when thi:s propmy will be Ihcloped, the applicant has requested that the CCWD Board establish their position on pcnnitting the proposed till. Wetland avoidance alternatives were described, but no alternative plan~ were submitted. Potential development plan alternatives for this property with an approved city transportation plan should be submitted. Applicant should also pursue: I.) variances for cul-de-sac length, 2.) the possibility of planned unit developments much like in the northeast portion of1he project, and 3.) modification ofthc size, scope and density of the proje<.1t to avoid wetland impacts. ExcavationlImooundment of Wetland C and Wetland Fill for Berm The purposes of the fill and the conversion have not been clearly stated. The argument appears to be a complex. rationale that contends that the wetland is not jurisdictional, but that its conversion is for <<:storation to a type 4/5 wdIand system tluuugh the excavation of a drained or partially drnined wetland and the augmentation of the needed hydrology through pending of the storm water. A1ternatiyes: Two alternatives, plus the proposed alternative were submitted: I.) Excavation of wetland with no berm . this alternative was rejected due to the uncertainty and the potential liability for neighboring parcels. 2.) Expansion of Upland Ponds - This alternative is not adequately addressed for 3 IeasODS. The sequencing states that up to " additional lots would be removed for the pond and the cost associated with this loss are notjustificd. . , Reasons: 1. No plan was submitted depicting this alternative so it is not readily ""parent if the number of affected lots could be reduced. ./ 2. 4 lots make up less than 1% oftbe total lots on the project and it does not seem feasible that this would destroy the project ecorJQrnically. 3. The Wetland ConServation Act states that economic reasons l!1.2m: do not make an alternative not feasible and prudent. We have several concerns with the argument fur the preferred alternative: 1, Jurisdictional StatuslWetllUld Existen<<: Thv sequenoing document:statc:s that 5OO1e portioos of the delineated wetland C had no free water within the upper 4 feet during the monitoring period April 16, 1995 to June 12, 1995. Con~: The delineation and monitoring report received by the CCWD shows that 3 of the 5 wells (WC-2, WC-4, and WC-5) had water tables within the upper I f\in 18 ofl9, 16 of 19, and 18 of 19 rcildings, fCll~tively. The other 2 wells (WC-I and WC-3), which were locatec1 at. or outside the delineated wetl~d bollndaJy, had water tables at or within the: upper 2 ft in all 19 rcading3_ The 3 wells located within the delinell.ted wetland boundary meet the criteria fur wetland hydrology. 2. Conversion: The sequencing document states that the proposed plan will involve excavating "existing drained and partially drained wetland." .... ) 4 P.04 MAY-0]-1996 10:13 FROM COON CREEK WATERSHED DIST TO ANDOVER ./ Concerns: I. It is not readily apparent that this wetland basin has been significantly affi:cted by dIainagc. The wetland hydrology hill!; been m~ and obligate wetland sp<<:ics that are typically sensitive to wetland drainage impacts remain. Further invasive species which typically invade and dominate wetlands hydrologically disturbed by ditching are either not dominant or are conspicuously absent. 2. The plans received by the CCWO show excavation completely 'Yfithin the jurisdictional boundary. J. Storm Water Imnacts; Thl; scqumcIDg dis~~ion sta~ in essence that "the water lcvcl bounce in the v.l:tLmd due to pTWipitntiOD events will be 0.9 ft for a lO-yt event and 1.7 ft for a 1000yr event which falls below the maximum rise of I ft for a IO-yrevent required for the downstream cell in a two-cell system described in subp. 4 of part 8420.0540". Concerns: l.1t should be noted that Subp. 4 ofMR 11420.0540 pertains to 1lre Location of Replaccmcnt Wetlands. We beliCVl; that the: discussion must be rcfc:ning to subp. lOB ofMR 8420.0540 which addrc3ses the above stated criteria for Evaluation of Replacement Wetland Functions lUId Valueg. It should be noted that this section also states that pretreated stormwater will be discharged into the wetland, providing supplemental hydrology. 2. It appears that the stonnwater discharge is the main source of bounce in the wetland, not that it is supplementary to it. 3. This is a T)pC 2 wetland supporting a variety of sedges, g=es and shrubs; additional WlIler / added to the basin may effect a change to len desirable "invasivc" vegetation and would not be viewed necessarily as a benefit to the wetland. . RestorationlConvenion: The proposed eltcavation is stated as a ''restoration project" providing improvement in the hydrological conditions of the wetland and ensuring continued presence of the existing plant community outside the exca\-ated area. Concerns: I. A restoration project involves restoring wetland hydrology to an area that was previously wetland but has since been drained and no longer retains wetland characteristics; this is not a wetland restoration. The hydrology of this wetland has been present for a long period oftirne, long enough to develop a meadow with diverse vegetation ranging from grasses to sedges to shrubs. A significant change to the hydrology is not likely to sustain the Cll;isting plant a;lInIllunity, but more likel)' to cause a shift to less desirable specics. Sequencinl1 Flexibilitv: Sequencing flexibility has been requested; the reasons stated include degraded CQDditions and minor impacts. Qlncerns: 1. The area plOpOlied for excavation is a fairly high quality ~and COIWlining a diV\:ne mk of grasses, sedges, shrubs, and possibly some forbs. The wetland uur&ce is hummocky in nature signifying a long history of hydrologic conditions needed to funn this type of wetland " / 5 P.05 MAY-0]-1996 10:13 FROM COON CREEK WATERSHED DIST TO ANDOVER \ 2. The impacts proposed do not appear to be minor. The existing vegetation and hydrology will be substituted with a 3-6 ft deep open water wetland which will receive stmmwater. 'I'bo out=me will likely result in a cattail marsh with vcty Iittk: vegetative diversity. The applicant may prefer to analyze the existing ami proposed wctllPld functions and values to cbrify this issue. 3. Sequencing flexibility is not an issue ",ith the excavation of basin C. Excavation is not regulated by the Wetland Conservation Act. It is an issue for the fill associated with the proposed berm and hence the rationale must match the purpose and intent of the act and guidance OIl sequencing flexibility. If you have any questions regarding this review, please call Tim or Mark at 755-0975. / \ J 6 P.e6 o --. ~.' - I - - . )\\l I) '. ,- . . -lYI CJAl"'-J U} L_.._ ~~... ., .. . . . 'c"<~1r~-::\ \lllh~J\lI1 16.. v d: ., " . ( '" !/It;;-'h<//;:--)JJJJ/k"::..\~,:" ~~\rlf>?...v;II\ /?I, 1) ',' , ' ',-- Ice fJ~ '''-1..1,-<>:."",,- 0 ,I- ,<\\ h~,,( /k>3'/ ...... \\' .' ':::t,:;~~.\ ~ '-(/::~/J:~;:/:~~;j \'-)' "[ , 11 ---, : 1/ ~ " /" ."i..~"i'/ /' c1;:' ') ", "C? ,. ~ '.. 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''''''~''''/'''''''''''''''''' ........,..,1.... . . '-____ ,,_ I ." . I I, Yj;::~' ...."'....,,<,:.,....'...,,...... ~ ',~ \ol\~'i b.. I jJ"J' · ".... .,..... re'.. , , " ,I " ~ "" ~l ~ 1 .. . . M , '1/ .,...... M < \ ..' ., .,,, 0 "\" -u ' " .. . , ~, , : ? I 'ill; ~ , z. __ ~ , I 101:1 ' " 'I" '. _''- -< ~ -,,-''ChI r.d I I ',;, " _ _ _ .. "I ". c , < .. L, ". · " ~ 'T !" 0 , .', .. " " ~ .' r , ~ __ ' ,', ~. " '- . ill, . -li "._ .....I ," I _ fit ;11 " - " '; , I - , CITY OF ANDOVER REQUEST FOR COUNCIL ACfION May 7, 1996 DATE AGENDA SECTION f\O. Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM f\O. Planning ,. Special Use Permit Area LD. Sign Shadow brook - Bunker LLC, Inc. - '--r- David L. Carlberg Planning Director BY: The City Council is asked to review and approve the Special Use Permit request of Bunker LLC, Inc. to erect an area identification sign on the property legally described on the attached resolution. Background '. For background information on the Special Use Permit request, please consult the staff report and the minutes from the April 23, 1996, Planning and Zoning Commission meeting. / Planning & Zoning Commission Recommendation The Planning and Zoning Commission reviewed the Special Use Permit request of Bunker LLC, Inc. to erect an area identification sign on April 23, 1996 and recommends to the City Council approval with the conditions as listed on the attached resolution. \ ) MOTION BY: SECOND BY: j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF BUNKER, LLC, INC. TO ERECT AN AREA IDENTIFICATION SIGN AT THE ENTRANCE (GOLDENROD STREET NW AND BUNKER LAKE BOULEVARD NW) OF THE SUBDIVISION KNOWN AS "SHADOWBROOK" ON THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Bunker, LLC, Inc. has requested a Special Use Permit to erect an area identification sign (permanent monument sign) pursuant to Ordinance No.8, Section 8.07, Signs at the entrance (Goldenrod Street NW and Bunker Lake Boulevard NW) to the subdivision known as "Shadowbrook", legally described on the attached Exhibit A; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special j Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of Ordinance No.8, Section 8.07, Signs; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Bunker LLC, Inc. to construct an area identification sign as requested on said property with the following conditions: 1. The area for development is larger than five (5 a.) acres. '\ j 2. The maximum square footage of the sign is thirty-two (32 s.f.) square feet. " Page Two Resolution Special Use Permit - Area I.D. Sign Shadowbrook - Bunker, LLC, Inc. / 3. The sign shall be located ten (10') feet from any property line. 4. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 5. The Special Use Permit shall be subject to annual review by Staff. 6. The applicant shall execute a written agreement for the maintenance of the sign. 7. The applicant shall apply for and be granted a sign permit prior to the erection of the SIgn. Adopted by the City Council of the City of Andover on this..1fu.. day of ~ 1996. CITY OF ANDOVER '\ , / ATTEST J.E. McKelvey, Mayor Victoria V olk, City Clerk \ ) / EXHIBIT A IB;AL DES:RIPl'IOO PARCEL 1: The Northeast Quarter of the Northwest Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota. PARCEL 2: All of Government rot 1, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying east of the centerline of Prairie Road and lying north of the centerline of County Road No. 116. PARCEL 3: That part of Government Lot 2, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Boulevard. PARCEL 4: The North Half of the Northeast Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota. PARCEL 5: \ , / The Southwest Quarter of the Northeast Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Boulevard except the following described property: Corrrrencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of South 2 degrees 39 minutes 49 seconds West, along the east line of said Southwest Quarter of the Northeast Quarter a distance of 406,54 feet to the actual point of beginning; thence North 85 degrees 12 minutes 39 seconds West a distance of 330.00 feet; thence south parallel with said east line to the centerline of Bunker Lake Blvd.; thence South 85 degrees 12 minutes 39 seconds East along said centerline to the east line of said Southwest Quarter of the Northeast Quarter; thence North 2 degrees 39 minutes 49 seconds East along said east line to the actual point of beginning. PARCEL 6: The Southeast Quarter of the Northeast Quarter, Section 36, Townsyuip 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Blvd. PARCEL 7: \ J The West Half of the Southwest Quarter of the Northwest Quarter, Section 31, Township 32, Range 23, Anoka County, Minnesota, PARCEL 8: , 'lhat part of the East Half of the East Half of the East Half of the Southeast / Quarter, Section 25, Township 32, Range 24, Anoka County, Minnesota, lying southerly of a line drawn fran a point on the east line of said Southeast Quarter distant 1282.23 feet southerly along said east line from the northeast corner of said Southeast Quarter to a point on the westerly line of said East Half of the East Half of the East Half of the Southeast Quarter distant 1257.33 feet SOutherly along said westerly line fran the northwest corner thereof. Being a part of Lot 9, "AUDI'IDR'S SUBDIVISION No. 141." PAR:EI, 9: The West Half of the East Half of the East Half of the Southeast Quarter, Section 25, Township 32,- Range 24, Anoka County, Minnesota, except the north 673.01 feet thereof. Said tract is also known as part of Lot 8, AtJDI'roR'S SUBDIVISICN No. 141. PARCEL 10: - j 'lhat part of the East Half of the West Half of the East Half of the Southeast Quarter, Section 25, Township 32, Range 24, Anoka County, Minnesota, lying. south of the following described line: Beginning at a point on the east line of said East Half of the West Half of the East Half of the Southeast Quarter distant 1,357.17 feet north along said east line frO!tl the southeast corner of the said East Half of the West Half of the East Half of the Southeast Quarter, said east line has an assumed bearing of North 0 degrees lOminutes 59 seconds West; thence North 89 degrees 47 minutes 29 seconds West a distance of 61.86 feet; thence North 81 degrees 30 minutes 36 seconds West a distance of 112.20 feet; thence North 87 degrees 50 minutes 29 seconds West a distance of 99,06 feet; thence South 76 degrees 00 minutes 22 seconds West a distnace of 53.79 feet to the. west line of said East Half of the West Half of the East Half of the Southeast Quarter and said line there tenninating. (Said tract is also known as Lot 7, AIJDI'roR'S SUBDIVISION NO, 141). '1 j Reguldr Andover Planning and Zoning Commission Minutes - April 23, 1996 Pa<Je 11 '\ / (Public Hearing: Preliminary Plat - Shadowbrook, Continued) Recommend to the Council t,he following variances: Varianc No.1, stands as written in the ~raft. Variance No.2, ask Staff 0 work on revising it so that on the lOa-year flood elevation to indicate locations of 100-year flood elevation we're talking out giving the variance to, meaning the standing water versus star collection areas. And on Variance 3 as stands in the proposed dra of Staff. Variance No.4 as written in the proposed draft by Sta . No. 5 that Staff talk with the developers in minimizing the n er of lots showing the proposed sidewalk locations attached to e packet and come up with a reasonabl-= routing of sidewalks to al destinations of the trails running east-west along Bunker Lake oulevard and providing some north- south links within the site to at, and looking at a link along the east side of Prairie Road and nother location on the east side to bp. determined. Variances 6 th ugh 10 as prepared by Staff. Also adding to the variances as outl' d in the Special Use Permit, Items la. A 10- foot variance to the 5-foot front yard setback. And b under the Special Use Permit plication, variance for lot area, lot width, lot depth, rear and ide yard setbacks for the multiple Planned Unit Development Ar of the single detached and attached multi-family units. Contingent on receiving approval of th,= rezoning of the property. DISCUSSIO~. Commissionp.r Wells stated while she favored the plat and its lay t, sne is not amendble to the varian~e of the laO-year flood eleva!': on. 1-1otion ca::::ried on a 4-Yes - o-(Wells) I 2-Absent (Squires, ',l>. A vote. 10:30 J N;\PUBLIC HEARING: SPECIAL \.:};) SH.IDOWBROOK - SECTION 36 - USE PERMIT AREA BUNKER LLC, INC. IDENTIFICATION SIGN 10:30 p.m. identification development at Boulevard NW. l:eview. Mr. Carlberg reviewed the request to erect an area sign at the entrance to the proposed Shadowbrook the entrance of Goldenrod Street Nvl at Bunker Lake He noted the applicable ordinances and criteria to MOTION by Wells, Seconded by Barry, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Squires, Apel) vote. 10:35 p.m. Garv Gorham, developer - explained They will provide the maintenance. wich landscaping around it. the sign will be sandblasted on wood. It is one-sided with no lighting and MOTION by Pucnam, Seconded by Barry, to close the public hearing. Motion carried on a 5-Yes, 2-Atsent (Squires, Apel) vote. 10:37 p.m. MOTION bj' Wells, Seconded by Putnam, to forward to the City Council the ~-:;solu:.i.c,n fer the slgnage as written for the Special Use Permi t. ;V;o...:ior: c21.'ried on as-Yes, 2-Absent (Squires, Apel) '.rote. 10:38 p.m. ,Ylr. Carlberg ne,tE;d all cf the it~ms will be placec on thE.: May 7, 1996, )City Council acend~. \ _I CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION April 23, 1996 DATE AGENDA ITEM 7. Public Hearing: Special Use Permit - Area I.D. Sign Shadowbrook - Bunker, LLC ORIGINATING DEPARTMENT Planning David L. Carlberg Planning Director APPROVED FOR AGENDA BY: BY:~ Request The Planning and Zoning Commission is asked to review the Special Use Permit request of Bunker LLC, Inc. to erect an area identification (permanent monument) sign to be located at the entrance (Goldenrod Street NW and Bunker Lake Boulevard NW) to the development to be known as "Shadowbrook". The property to be developed as the plat of Shadowbrook is located north and east of the intersection of Bunker Lake Boulevard NW and Prairie Road in Sections 25 & 36 and is legally described on the attached Exhibit A. ) Applicable Ordinances Ordinance No.8, Section 5.03, regulates the Special Use Permit process. Ordinance No.8, Section 8.07 (D) (2), lists those signs allowed by Special Use Permit. Area identification signs may be allowed provided: 1. The area for development is larger than five (5 a.) acres. 2. One sign per development. Additional signs shall be reviewed by the Andover Review Committee (ARC) and the Planning and Zoning Commission and approved by the City Council. 3. The maximum square footage of the sign is thirty-two (32 s.f.) square feet in area. 4. The sign is located ten (10') feet from any property line. , j , _I Page Two Special Use Permit - Area J.D. Sign Shadowbrook - Bunker LLC, Inc. Planning and Zoning Commission Meeting April 23, 1996 In reviewing a Special Use Permit request for any sign, certain criteria shall be used. The criteria of most concern are: 1. No sign shall be permitted that constitutes a hazard to vehicular safety. 2. No sign shall be permitted that may tend to depreciate nearby property values, be a detriment to scenic or pleasant views, or otherwise mar the landscape. Ordinance No.8, Section 5.03, Special Uses, also establishes criteria in reviewing Special Use Permit applications. These criteria include: I / the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land, the existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. General Review The applicant is requesting the Special Use Permit to erect a permanent monument area identification sign for Shadowbrook. , , ) , ) ) Page Three Special Use Permit - Area I.D. Sign Shadowbrook - Bunker LLC, Inc. Planning and Zoning Commission Meeting April 23, 1996 Commission Options A. The Andover Planning and Zoning Commission may recommend to the City Council approval of the Special Use Permit requested by Bunker LLC, Inc. to erect an area identification sign (permanent monument) on the property legally described on the attached resolution. The Commission finds the request meets the criteria of Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate the surrounding property; and the use is in harmony with the Comprehensive Plan. The Commission also finds the request meets the criteria of Ordinance No.8, Section 8.07, Signs. B. The Andover Planning and Zoning Commission may recommend to the City Council denial of the Special Use Permit requested by Bunker LLC, Inc. to erect an area identification sign (permanent monument) on the property legally described on the attached resolution. The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No.8, Sections 5.03 and 8.07. In denying the request, the Commission shall state those reasons for doing so. C. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff. Staff Recommendation Staff recommends approval of the Special Use Permit with the conditions listed on the attached resolution. \ J ': . J '. ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF BUNKER, LLC, INC. TO ERECT AN AREA IDENTIFICATION SIGN AT THE ENTRANCE (GOLDENROD STREET NW AND BUNKER LAKE BOULEVARD NW) OF THE SUBDIVISION KNOWN AS "SHADOWBROOK" ON THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Bunker, LLC, Inc. has requested a Special Use Permit to erect an area identification sign (permanent monument sign) pursuant to Ordinance No.8, Section 8.07, Signs at the entrance (Goldenrod Street NW and Bunker Lake Boulevard NW) to the subdivision known as "Shadowbrook", legally described on the attached Exhibit A; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of Ordinance No.8, Section 8.07, Signs; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Bunker LLC, Inc. to construct an area identification sign as requested on said property with the following conditions: 1. The area for development is larger than five (5 a.) acres. 2. The maximum square footage of the sign is thirty-two (32 s.f.) square feet. , ) Page Two Resolution Special Use Permit - Area I.D. Sign Shadowbrook - Bunker, LLC, Inc. 3. The sign shall be located ten (10') feet from any property line. 4. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 5. The Special Use Permit shall be subject to annual review by Staff. 6. The applicant shall execute a written agreement for the maintenance of the sign. 7. The applicant shall apply for and be granted a sign permit prior to the erection of the SIgn. of Adopted by the City Council of the City of Andover on this 1996. day '\ CITY OF ANDOVER . j ATTEST J.E. McKelvey, Mayor Victoria V olk, City Clerk , \ J r -,., ( (, \ ,\ \' ~. , . ( ",- "- / ~ ' (~(~ )...... <) .... ~i' ",''''. ~. I ;... / J ,\ ~~~' y -'\ '< -. ~ ,~~; "3.0 "\It ~. I ",.... i=~::: " "'" -\ '< \ ... ~" y .. ,_..,... J ~ :- '''0. .V' - "~-' (J !:: I':> ,...-~ . , .~:~ ~E~ST""- .r L ~ II ~'M MI'(", :::-.... . "~. ~AX . ~ . (J~F . . '/'~~ r-. -"".' ....,.... i ' . - ;J ~ . ....TM ~ .. ~TM avr: IN I41'TMMtt€._ BARNES ROLLING OAKS -~-. M&T)4 ~. ... " ..'TN aVl:. .. .,..TM atlt€ NW I4ZllIO av(, IICW "'ST ay[ "." 140'" AY[ ... 13'TN IWl. ... 138TM ~... ._---~---- esTM .-..: ... 04TM 81'1:. ... ..... -- - \ J -\.--j ... r ',... ~~1 '\ --N' .... ",' - n " '~ I en;;- ..... ~~ ;1 0> ,N ~ Lr.L 'u: lMvi",ZlX) "',N.... ~ 0 '-'\,,((()~ I. - ...- 1~t1)~ \ L \ \ 0\ - ..,.-1-- -- I ~ . , I , , 06 I ,~ -.J. /1 (~) - I ... O ' vi i::t' U"l 1tJ- ,~ - ,.,Ot- ~ -~ 06 ('L I - -3>1V1 \ ) \ \ \ I , I \ \ I I -- \ I ~--- -~- I - I >-- .... , '" '-'" I \ ...(' '1 I \ J ...-, \ " ./ ... - ~,'" \ I 1 I .... 51 \ X \ ' -- i \ I i ,.-- I / I U"l 09 I \ \ L 06 06 06 ~ I ~ (Otii --I06l', I ." "'. ... ... I .... '0 'I' 0 I jl,/") lOw 'f!. ! :-,'e-:l~ Ii ,I ri \ 1\ L..,0 .L I 06 l...c)~ in ':Il. '. ... vi g-~-.zl- ~- M~ <D ~ '... Vl tOo M~ ri ~ ",- ,'. ,y:. " ---------I- X -~-~-~-~._~ --- - -l-- - f-- .=-:=__..~ (-- - - - ,... .... (f) " w I~w 001=>00 <t ..... <t :CI=>:C a. u. a. --- ~ -.. - - ~ O~OU'l 10 -<lunOJ , i / ~ ~"lGorham Builders, Inc. ~ 86" ~:::-'~-.;;..:; -----..----',.....- . - ~._._ ... ",_' _ __._. u ..___ . "._,' -"r-.-:-~""-- --'-..;;.~..;:s~. ." .........-;-.--:.0;. '-"-'-'~--'-._-'--"'----- __""-___-'O'_____.,m.c''"- .'.----.-..-.." ._. __ - _d_ _ ,.._, - ._---_.._._.~..-~.- 42.5" \ / .. . 7:' ! ~li1ill0 ~l]j) lG011 I ';:~-'.__ _~;.:.:;:.-_':.:..,':~- ~~-:;_';'...-~~-~:~' ,'; . ".. ..~ .. ~;"' :':':..;;._~ :-=:~""'?::':;:-~.-:.~.~~~--...:..:;~'~ ~; '_~;':;'~~2 '::t:-:.:- ..::::'~ '::--_.:t::~ z... :_- ~ SINGLE FACED SANDBLASTED SIGN COLORS TO BE DETERMINED. SIZE AS SHOWN. PRESENTED TO GARY GORHAM GORHAM BUilDERS, INC. BY SIGNS OF PERFECTION " / . I .; '- J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (612) 755-5100 SPECIAL USE PERMIT Property Address ,A/C .c;.~A-/~__r1~ ./P--::-<AW,.,.~.--~~./~_ b:::L.:'/ ~ ~A'J' / ................. -~- A'd Legal Description of Property: /' (Fill in whichever is appropriate): S.:...z //#~&, //-" Lot Block Addi tion (If metes and bounds, attach the complete legal description. ) Is the property: Abstract K or Torrens ? (This information must be provided and can be obtained from the County. ) ----------------------------------------------------------------- PIN Reason for Request ..--- /r ...~""<../s,_~_~ /- ".J~...""j" L~ -.0; -'-:-J--c..J v '/.;/#1< /,-'1A-J...../ /,:, -:_~~ 4.-L.- ~r? //.i- ~ "c-L _ ,.; / . ./, ,---+. /_ /~" - .... ' A:-,.-." ,. , ) Section of Ordinance 8.b7/ S-. 0.3 Current zoning I /r-/ ----------------------------------------------------------------- Name of Applicant b: <A.i Kr ./L-. ...L..L ~_ // I Address /t:' 7..7 r h(..4,) f"/'/./ . Signature LL C- /;:'0d ~..) Af,?;- >/:- ~.: _~"7-~?'? . h ~ -,.--./ ~-L/" BusJ.ness Pone ./: s -=..>.::../ Home Phone tfl/ /96 ( ---------------------------------------------- Date Property Owner (Fee Owner) (If different from above) Address Home Phone \ Business Phone '. J Signature Date ----------------------------------------------------------------- SPECIAL USE PERMIT PAGE 2 \ ) The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property $25.00 Torrens property $34.50 $190,00 $150.00 $50,00 Date Paid 4-/+-~11, Receipt # 03 (7;2+7 Rev. 5-06-93:d'A 5-04-94:bh \ 2-0l-95:bh / 3-22-95:bh Res, 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area, 4. The effect of the proposed use on the Comprehensive Plan. '\ J \ " / CITY of ANDOVER , 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, April 23, 1996 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Special Use Permit request of Bunker, LLC to erect an area identification sign on the property located northeast of the intersection of Bunker Lake Boulevard NW and Prairie Road. The property is legally described on Exhibit A and is the location of the subdivision to be known as "Shadowbrook" . \ / All written and verbal comments will be received at that time and location. A c:)py of the application and location will be available at the Andover City Hall for review prior to said meeting. fLL~~ i// Victoria V olk, City Clerk Publication dates: April 12, 1996 April 19, 1996 \ , ) / EXHIBIT A IH;M. DES:RIPl'IW PARCEL 1: The Northeast Quarter of the Northwest Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota, PARCEL 2: All of Goverrunent lot 1, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying east of the centerline of Prairie Road and lying north of the centerline of County Road No,1l6. PARCEL 3: Tha t part of Governrrent Lot 2, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Boulevard. PARCEL 4: The North Half of the Northeast Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota. PARCEL 5: .I The Southwest Quarter of the Northeast Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Boulevard except the following described property: Comnencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of South 2 degrees 39 minutes 49 seconds West, along the east line of said Southwest Quarter of the Northeast Quarter a distance of 406.54 feet to the actual point of beginning; thence North 85 degrees 12 minutes 39 seconds West a distance of 330.00 feet; thence south parallel with said east line to the centerline of Bunker Lake Blvd.; thence South 85 degrees 12 minutes 39 seconds East along said centerline to the east line of said Southwest Quarter of the Northeast Quarter; thence North 2 degrees 39 minutes 49 seconds East along said east line to the actual point of beginning. PARCEL 6: The Southeast Quarter of the Northeast Quarter, Section 36, Townsyuip 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Blvd. PAFCEI, 7: \. / The West Half of the Southwest Quarter of the Northwest Quarter, Section 31, Township 32, Range 23, Anoka County, Minnesota. PARCEL 8: " ~ / That part of the East Half of the East Half of the East Half of the Southeast Quarter, Section 25, Township 32, Range 24, Moka County, Minnesota, lying southerly of a line drawn from a point on the east line of said Southeast Quarter distant 1282.23 feet southerly along said east line from the northeast corner of said Southeast Quarter to a point on the westerly line of said East Half of the East Half of the East Half of the Southeast Quarter distant 1257.33 feet southerly along said westerly line from the northwest corner thereof. Being a part of Lot 9, "AUDITOR'S SUBDIVISION No, 141." PARCEL 9: The West Half of the East Half of the East Half of the Southeast Quarter, Section 25, Township 32,. Range 24, Anoka County, Minnesota, except the north 673.01 feet thereof. Said tract is also known as part of Lot 8, AUDITOR'S SUBDIVISICN No. 141. PARCEL 10: ) That part of the East Half of the West Half of the East Half of the Southeast Quarter, Section 25, Township 32, Range 24, Moka County, Minnesota, lying south of the following described line: Beginning at a point on the east line of said East Half of the West Half of the East Half of the Southeast Quarter distant 1,357.17 feet north along said east line frO!fl the southeast corner of the said East Half of the West Half of the East Half of the Southeast Quarter, said east line has an assumed bearing of North 0 degrees 10 minutes 59 seconds West; thence North 89 degrees 47 minutes 29 seconds West a distance of 61.86 feet; thence North 81 degrees 30 minutes 36 seconds West a distance of 112.20 feet; thence North 87 degrees 50 minutes 29 seconds West a distance of 99.06 feet; thence South 76 degrees 00 minutes 22 seconds West a distnace of 53.79 feet to the. west line of said East Half of the West Half of the East Half of the Southeast Quarter and said line there tenninating. (Said tract is also known as Lot 7, AIJDI'TOR'S SUBDIVISION NO, 141). \ ) 'IN: 363224130004 lNOKA COUNTY OF i50 BUNKER LK BD lNDOVER MN 55304 PIN: 363224140002 BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 , ) 'IN:';J63224140003 lNOKA COUNTY OF ;50 BUNKER LK BD lNDOVER MN 55304 PIN: 363224210001 BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 'IN: 363224220002 ;TEELE DOUGLAS C & A J '0 BOX 638 \NDOVER MN 55304 PIN: 363224220004 KOSTELECKY CRAIG A & RUTH A 732 140TH LN NW ANDOVER MN 55304 )IN: 363224220005 )LSON PAUL H & DORRAINE R l4030 PRAIRIE RD NW \NDOVER MN 55304 PIN: 363224220006 DENEKAMP KEVIN J & LUCY C 665 140TH LN NW ANDOVER MN 55304 )IN: 363224220009 'ULLER RICHARD J & PENNY R L3948 PRAIRIE BO NW \NOOVER MN 55304 PIN: 363224220010 . BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 . , )IN :.._.322423000 1 \NOKA COUNTY OF noo 3RD AVE \NOKA MN 55303 PIN: 363224240001 BUNKER LLc 10738 HANSON BLVD NW COON RAPIDS MN 55433 )IN: 363224240002 3UNKER LLc 10738 HANSON BLVD NW ::OON RAPIDS MN 55433 PIN: 363224240003 ANOKA cOUNlY OF 2100 3RO AVENUE ANOKA MN 55303 ?IN: 363224240003 \NOKA COUNTY OF 2100 3RD AVENUE \NOKA MN 55303 PIN: 363224310001 ANOKA COUNTY OF 2100 3RO AVENUE ANOKA MN 55303 ?IN: 363224310001 \NOKA COUNTY OF 2100 3RO AVENUE \NOKA MN 55303 PIN: 363224410001 ANOKA COUNTY OF 325 E MAIN ANOKA MN 55303 ?IN: :>"3224420001 . , rHE., ,.JUNTY OF ANOKA :/0 COUNTY AUDITOR ANOXA, MN 55303 PIN: 363224420002 ANOKA COUNlY OF 2100 3RD AVENUE ANOKA MN 55303 IN: 253224420001 WAN SON DANA L & K L 22 ANDOVER BD NW NOKA MN 55304 . , I '-~ / IN: 253224420003 OHNSON LYLE W & ELENA M 06 ANDOVER BLVD NW NOKA MN 55304 PIN: 253224420002 JOHNSON LYLE W & ELENA M 206 ANDOVER BLVD NW ANDOVER MN 55304 PIN: 253224420004 HOGLUND JOHN M & ANNE M 370 ANDOVER BD NW ANDOVER MN 55304 IN: 253224420006 :ARTINGER JOHN M 64 ANDOVER BLVD NW NDOVER MN 55304 PIN: 253224420007 HOUWMAN BRIAN W & LORI 308 ANDOVER BLVD NW ANDOVER MN 55304 IN: 253224430002 !OVOGRATZ JOSEPH F 021 ANTRIM RD DINA MN 55439 PIN: 253224440001 BUNKER LLc 10738 HANSON BLVD NW COON RAPIDS MN 55433 > 'IN: 253224440004 IUNKER LLC 0738 HANSON BLVD NW :OON RAPIDS MN 55433 PIN: 353224140002 ANOKA COUNTY OF 2100 3RD AVE ANOKA MN 55303 I 'IN:'~....3224140047 lILLS INC :619 COON RAPIDS BLVD NW :OON RAPIDS MN 55433 PIN: 353224140048 DELMAR HOMES INC 3825 122ND AVE NW COON RAPIDS MN 55433 'IN: 353224140049 .ANGL WAYNE E & BRENDA L 3867 PALM ST NW lNDOVER MN 55304 PIN: 353224140050 COWGILL DAVID B & KATHRYN S 13887 PALM ST NW ANDOVER MN 55304 'IN: 353224140053 JILLS INC !619 COON RAPIDS BLVD NW :OON RAPIDS MN 55433 PIN: 353224140054 HILLS INc 2619 COON RAPIDS BLVD NW COON RAPIDS MN 55433 'IN: 363224110001 3UNKER LLC .0738 HANSON BLVD NW :OON RAPIDS MN 55433 PIN: 363224120001 BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 'IN: -3224130002 101-1. .JON STEPHEN A !25 BUNKER LK BD NW rnOOVER MN 55304 PIN: 363224130003 BUNKER LLC 10738 HANSON BLVD NW COON RAPIDS MN 55433 IN: 253224310009 PAULDING DALE H & J L 4370 PRAIRIE RD NW NDOVER MN 55304 -" PIN: 253224310010 PETERSON LINDA J 14396 PRAIRIE RD NW ANDOVER MN 55304 " / IN: 253224330001 HAPMAN A L & LINDBERG ETAL 4212 PRAIRIE RD NW NDOVER MN 55304 PIN: 253224330004 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ANDOVER MN 55304 IN: 253224330005 [ENTH MARK A ,; 122 PRAIRIE RD NW NDOVER MN 55304 PIN: 253224340003 CHOUINARD THOMAS L 14123 PRAIRIE RD NW ANOKA MN 55304 IN: 253224340004 HOUINARD THOMAS L ETAL 4123 PRAIRIE RD NW NDOVER MN 55304 PIN: 253224340008 JOHNSON JEFFREY & MILDRED 14315 PRAIRIE RD NW ANDOVER MN 55304 , IN: 253224340009 :OOKER J 0 & SUSAN E 4191 PRAIRIE RD NDOVER MN 55304 PIN: 253224340010 GRITION MARILYN M & ED 14157 PRAIRIE RD NW ANDOVER MN 55304 'IN:\_J224410001 lOHLENCAMP JOHN C & K H 40 ANDOVER BD NW NOKA MN 55304 PIN: 253224410001 MOHLENCAMP JOHN C & K H 140 ANDOVER BD NW ANOKA MN 55304 'IN: 253224410002 AWSON WILLIAM B & KRYSTAL K 60 ANDOVER BLVD NW NDOVER MN 55304 PIN: 253224410003 BOLAN GERALD R & CATHERINE 14416 BUTIERNUT NW ANDOVER MN 55304 'IN: 253224410004 ,EE ROGER L & BONNIE J 4390 BUTIERNUT NW NOKA MN 55304 PIN: 253224410005 SEPPLE JOSEPH A & R M 14328 BUTTERNUT NW ANOKA MN 55304 'IN: 253224410008 IALDRIDGE JEROME K & DARLENE M :0 ANDOVER BLVD NW INDOVER MN 55304 PIN: 253224410010 FISCHER DAVID A & SUSAN A 14415 BUTTERNUT ST NW ANDOVER MN 55304 'IN:; -1224410011 JAR. _J TROY B & NANCY J '4 ANDOVER BLVD NW INDOVER MN 55304 PIN: 253224410012 SMITH MARK R 9649 HOLLY CIR NW COON RAPIDS MN 55433 PIN: 253224130005 ISAAC RONALD E & MARY J 225 ANDOVER BD ANOKA MN 55304 \ ) PIN: 253224130006 HEYNE MARLO F & SANDRA E 275 ANDOVER BD NW ANOKA MN 55304 ,_/ PIN: 253224130007 HENLEY WILLIAM E 325 ANDOVER BD NW ANDOVER MN 55304 PIN: 253224130008 BERGSAGLE I & ROGNESS J ETAL 375 ANDOVER BLVD NW ANDOVER MN 55304 ?IN: 253224140005 AMPA CHARLES L &J M 55 ANDOVER BD NW .NOKA MN 55304 PIN: 253224140006 NESLUND CLAYTON J & S N 137 ANDOVER BD NW ANOKA MN 55304 PIN: 253224140007 BEAM JOHN H & SHIRLEY A 121 ANDOVER BD NW ANOKA MN 55304 PIN: 253224140008 ELLISON JAMES R 59 ANDOVER BD NW ANOKA MN 55304 PIN: 253224140009 FINGER PAULJ & JEAN K 39 ANDOVER BLVD NW ANDOVER MN 55304 PIN: 253224140010 BARRETI DENNIS M & RENEE 14550 UNIV EXT NW ANOKA MN 55304 . J PI~:~53224230007 BARNES FAY R & ADELE G 541 ANDOVER BD NW ANOKA MN 55304 PIN: 253224240003 DANNENBERG SCOT P 425 W ANDOVER BD ANDOVER MN 55304 PIN: 253224240004 GIESE KENNETH E .475 ANDOVER BD NW ANDOVER MN 55304 PIN: 253224310001 FOYT SCQ1T V & DEBRA A 14424 PRAIRIE RD NW ANDOVER MN 55304 PIN: 253224310003 OHNESORGE JOEL R 510 ANDOVER BD NW ANOKA MN 55304 PIN: 253224310004 CHAFFEE LYNN M 614 ANDOVER BLVD NW ANDOVER MN 55304 PIN: 253224310005 OLSON DONALD R & JOYCE L 00454 ANDOVER BD NW ANDOVER MN 55304 PIN: 253224310006 KNEALING DUANE R &; RAMONA W 418 ANDOVER BD NW ANDOVER MN 55304 PW,3224310007 EHl.,.-F DAVID D & KIM M 14393 PRAIRIE RD NW ANDOVER MN 55304 PIN:2S3224310008 ELLEFSON MARK E &; JENNIFER T 14367 PRAIRIE RD NW ANDOVER MN 55304 -, CITY OF ANDOVER REQUEST FOR COUNCIL ACTION 'j DATE Mav 7. 1996 AGENDA SECTION ADMINISTRA nON Richard Fursman Non-Discussion Item I lITEM NO. '(<;, : Personnel Policy BACKGROUND: On April 16, 1996, the Personnel Committee (Mike Knight, Bonnie Dehn, Dick Fursman, Vicki Volk, Jean McGann) met to discuss matters pertaining to changes in the Personnel Policy. The following items were discussed: 1. Annualleave J 2. Banking hours ofComp. Time 3. Compensation for Compo Time 1. Annualleave The Committee discussed the options with annual leave consisting of: A. Switch to a mandatory annual leave policy in which all employees could be required to go to annual leave. B. Have an annual leave policy in place which all new employees would be required to sign up for yet existing employees would have a choice. C. Leave the existing vacation-sick leave policy in place and don't change anything. Councilmembers Knight and Dehn stressed that they did not want to have any employees go backwards and felt the only way to be fair was to give existing employees an opportunity to pick which program they wanted to go on. Annual Leave Amounts Based on the idea that an annual leave program would start people at 15 days of annual leave in place of22 days of vacation and sick leave, it seemed unlikely that any people would switch. The '\ proposed annual leave program would result in 7 potential days lost by switching over. To make , j the program more equitable and attractive, Councilmembers recommended that new employees be given 15 days of annual leave. After 2 years that would go to 18 days and after 4 years it would go to twenty days. " 2. Compo Time Earned , j Councilmember Dehn and Knight recommend to the City Council that employees be able to bank up to 80 hours of comp time. Presently, any employee who has 40 hours of compo time on the books and works extra hours, looses those hours (donates it to the City). 'i j 3. Compensation for Comp, Time Councilmembers Dehn and Knight recommended that no compensation be given to overtime exempt employees for unused compo time hours. If there are no further considerations to come before the City Council, the Personnel Policy will be brought up to date to reflect the recommended changes and will be put on the May 21 Consent Agenda. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: May 7, 1996 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson, ~ ~ Engineering ITEM NO. Approve Plans & Specs/95-14/Crooked Lake Boulevard q. The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for Project 95-14, Crooked Lake Boulevard for watermain, storm sewer and street construction. Specifications are available in the Engineering Department for review. , , j " ) CITY OF ANDOVER COUNTY OF ANOKA '\ STATE OF MINNESOTA 'j RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 95-14 ,FOR WATERMAIN. STORM SEWER AND STREET CONSTRUCTION. WHEREAS, pursuant to Resolution No. 020-96 ,adopted by the City Council on the 6th day of Februarv ,19~, the Maier Stewart and Associates has prepared final plans and specifications for Project 95-14 for watermain. storm sewer and streets; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7th day of Mav , 19 96. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, June 11 ,19 96 at the Andover City Hall. / MOTION seconded by Council member City Council at a reqular meeting this -Z!!:L day of Councilmembers and adopted by the Mav ,1996, with voting in voting against, whereupon favor of the resolution, and Councilmembers none said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk "\ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , . j DATE: May 7, 1996 AGENDA SECTION Discussion Items ORIGINATING DEPARTMENT Scott Erickson~L Engineering ITEM NO. Accept Feasibility Report/93-17/Crown Pointe 10. The City Council is requested to approve the resolution accepting feasibility study, waiving public hearing, ordering improvement and directing preparation of plans and specifications for the improvement of Project No. 93-17 for sanitary sewer, watermain, street and storm sewer in the area of Crown Pointe. , Attached is a copy of the letter from Ashford Development waiving the public hearing for the improvements. ) '\ / \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 93-17 FOR SANITARY SEWER. WATERMAIN STREET AND STORM SEWER IN THE FOllOWING AREA CROWN POINTE. WHEREAS, the City Council did on the 16th day of April ,19~, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 7th day of May ,19....92..; and WHEREAS, the property owners have waived the right to a Public Hearing; and " / ATTEST: J.E. McKelvey - Mayor . . Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7, 1996 DATE AGENDA fIO. SECTION Non-discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM fIO. Lot Split 15318 Nightingale Street NW Jerry Saarenpaa Planning ~ David L. Carlberg BY: Planning Director il. The City Council is asked to review the lot split request of Jerry Saarenpaa to split a parcel of land into parcels often (10 a. +/-) acres and three (3 a. +/-) acres pursuant to Ordinance No. 40, An Ordinance Regulating the Splitting of Residential Lots, Parcels or Tracts of Land. Background Information , ) For background information, please consult the attached staff report and the minutes from the April 23, 1996, Planning and Zoning Commission meeting. Planning & Zoning Commission Recommendation The Planning and Zoning Commission recommends to the City Council approval of the lot split as requested with conditions as stated on the attached resolution for Council review and adoption. ") MOTION BY: SECOND BY: .j CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R -96 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF JERRY SAARENPAA TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40 ON THE PROPERTY LOCATED AT 15318 NIGHTINGALE STREETNW, LEGALLY DESCRIBED BELOW. WHEREAS, Jerry Saarenpaa has requested a lot split to create two parcels pursuant to Ordinance No. 40 on the property located at 15318 Nightingale Street NW, legally described as follows: The South Half of the Southeast Quarter of the Northwest Quarter of Section 22, Township 32, range 24, Anoka County, Minnesota; Except the West 400 feet thereof; Also except road; Subject to easements of record; and '\ WHEREAS, the Planning and Zoning Commission has reviewed the request and has ) determined that said request meets the criteria of Ordinance No. 40; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 2. That the applicant pay a park dedication fee pursuant to Ordinance No. 10, Section 9.07.10 in the amount offour hundred ($400.00) dollars. \ , j ~ ,i ! / \ , J Page Two Resolution Lot Split - Jerry Saarenpaa May 7,1996 Adopted by the City Council of the City of Andover on this 7th day of May , 1996. CITY OF ANDOVER ATTEST J.E. McKelvey, Mayor Victoria V olk, City Clerk , / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - APRIL 23, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoninq Commission was called to order by Acting Chairperson Randy Peek on Aprii 23, 1996, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Lynnette Barry, Jeffrey Luedtke, Jerry Putnam, Lorna Wells Jay Squires, Maynard Apel City Engineer, Scott Erickson City Engineering, Todd Haas City Planning, Jeff Johnson City Planning Director, David Carlberg Others '. Commissioners absent: Also present: APPROVAL OF MINUTES April 9, 1996: Pg 3, first paragraph, change "Andover Review Committee" to "Planning Department". , / MOTION by by Staff. Putnam, Seconded by Luedtke, to approve the Minutes as amended Motion carried on a 5-Yes, 2-Absent (Squires, Apel) vote. f?A PUBLIC HEARING: \3J SAARENPAA 7: 02 p. m. Mr. Carlberg reviewed the lot split request of Jerry Saarenpaa to split an estimated 13-acre parcel at 15318 Nightingale Street NW into two parcels of about 3 acres and 10i: acres. He summarized the applicable ordinances, noting the sum of $400 will be collected for park dedication on the newly created parcel. The proposed lot with the existing buildings has been enlarged to encompass an existing drainfield. All minimum lot requirements and setbacks are met. Commissioner Luedtke noted a recent Commission discussion concerned with additional accesses onto Nightingale Street. LOT SPLIT 15318 NIGHTINGALE STREET NW - JERRY ~r. Carlberg explained if a structure is built on the 10-acre parcel, the driveway would be allowed onto Nightingale; however, there is a proposal to extend 153rd Lane through that area. Any structure built on the property would face south and would be required to access 153rd Lane once it is built and then abandon its a~cess onto Nightingale at that time. That would be a part of the building permit process. , MOTION by Wells, Seconded by Putnam, to open the public hearing. Motion , / carried on as-Yes, 2-Absent (Squires, Apel) vote. 7:12 p.m. Jerry Saarenoaa. 15318 Niqhtinqale Street NW - stated he plans to sell the existing house but plans to keep the 10-acre parcel. He now has a Regular Andover Planning and Zoning Con~ission Minutes - April 23, 1996 -'f1ge 2 / (Public Hearing: Lot Split, 15318 Nightingale Street, Continued) horseshoe driveway, se there are two driveways onto Nightingale now. He doesn't plan on building there now. Mr. Carlberg noted that all setback requirements for existing structures would be met even after 153rd Lane is constructed. He talked with the City's Building Official, who stated the existing buildings also face that fucure road and all setbacks are and will be met. The pole building was built keeping the extension o~ 153rd Lane in mind. There could not be any additional splits to the parcel without that future street construction. MOTION by Luedtke, Seconded by Barry, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Squires, Apel) vote. 7:14 p.m. , . . I ( 'j i MOTION by Wells, Seconded by Putnam, to forward to the City Council the Resolution granting the lot split of Jerry Saarenpaa and grant the two parcels as stated in the Resolution. Motion carried on a 5-Yes, 2- l~sent (Squires, Apel) vote. 7:15 p.m. HEARING: REZONING - 4-1, SINGLE FAMILY RURAL, TO R-4, SINGLE URBAN - SHADOr'iBROOK .L 5 AND 36, BUNKER LLC, . )15 p.m. ~r. Carlberg reviewed the rezoning request of Bunker LLC, Inc., to rez e property located north and east of the intersection of Bunker Lake B levard m'l and Prairie Road from R-1 to ~-4. He sum~arized the a licable ordinances. This area has been included in a request for a Ma' r Amendment to the Comprehensi'Je Plan for the extension of sewer. The City is still awaiting the decision of the Metropolitan Council 0 the status of the property and its inclusion into the Hetropolitan U an Service Area, though he understands the review period for that am_ d~ent has officially begun. He felt that approval looks favorable bu_ also noted that the MUSA expansion will need to be approved before tn property can be developed to the R-1 density. This area is also in th_ 1995-2000 time frame for development. The county was notified of the pro osal but has not commented on it. MOTION by Wells, Seconded by carried on a 5-Yes, 2-ADsent no p~blic testimo~y. the public hearing. ~otion vote. 7:18 p.m. There was M:J':fI011 by L::edtk€l, l~~:icn carr~ed on a Secor,oed by Barry, to cl e the public hearing. 5-Yes, 2-Absent (Squires, .~p 1) vote. 7:18 p.m. T::.e C:C::rr:nissie:l1 raised q"Jestie,::s en whet!-',er a study h ~ beer, done en -che p':~~~cial i~~act :~e cha~g~ in densi~y will hav~ ()n the exist~ng roadway .sy:-::::.:r:c, ~r.c e: .:-=C~ :.f :~r:.::: !.a~_:.roc..d an-j t".:-:e sc:nco~ :-!:c. E~~=ksc:1 s~~~ed a 2;e=~~~c ~ra~fi= s=~dy has ~c~ te~~ d8~~ ~here w~ll ~ seme i::crease in tr~fflc, oarticularlv along 8~nker La. Boulevard \. .:!nd al~.nq Prairie Road. The Council has d"is,:ussed this and ha" asked to look at making imp:covements at the intersection of those two roads. The county has also included an upgrade of Bunker Lake Boulevard in its 201.C Highv12Y plan. They too are a"are of the developments taking place in ~ ... '. I, ...~, t. " ., .' . ... , '. . .. " I I. .. :-..... ...... .... ..... ~'\, ~ .' ~ " ~ '.. . ,: .,: . :'~'~~ ~~, ., ,,~ .~. ~ I CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION April 23, 1996 DATE AGENDA ITEM 3. Public Hearing: Lot Split 15318 Nightingale Street NW Jerry Saarenpaa ORIGINATING DEPARTMENT Planning David L. Carlberg Planning Director APPROVED FOR AGENDA BY: BY~ Request The Planning and Zoning Commission is asked to review the Lot Split request of Jerry Saarenpaa to split a 12.5 +/- acre parcel into two parcels of2.5 acres and 10 +/- acres. The property is located at 15318 Nightingale Street NW, legally described on the attached resolution. The property is zoned R-l, Single Family Rural. Applicable Ordinances '\ ) Ordinance No. 40, regulates the division oflots. A lot split is defmed as any division of a lot, parcel or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district. Ordinance No.8, Section 6.02, establishes the provisions for minimum lot width, lot depth and lot area in an R-l, Single Family Rural zoned district. The minimum requirements in an R-l district are as follows: Lot Width at Front Setback Lot Depth Lot Area Per Dwelling - 300 feet - 150 feet - 2.5 acres Ordinance No. 10, Section 9.07.10, establishes the minimum area ofland dedicated to park and open space. For all subdivisions by metes and bounds description the subdivider or developer may elect to pay, in lieu of the park dedication requirements, the sum of four hundred dollars (400.00) for each dwelling unit that could be constructed upon the proposed subdivided property. In the event the developer elects to pay said four hundred dollar ($400.00) charge, the City may \ collect additional park fees if the developer re-subdivides the property in the future. j , I j "\ ~ \ j Page Two Lot Split - Saarenpaa 15318 Nightingale Street NW April 23, 1996 Commission Options 1. The Planning and Zoning Commission may recommend to the City Council approval of the lot split requested by Jerry Saarenpaa located at 15318 Nightingale Street NW, legally described on the attached resolution. The Commission finds the request meets the requirements of Ordinance No. 40. 2. The Planning and Zoning Commission may recommend to the City Council denial of the lot split requested by Jerry Saarenpaa located at 15318 Nightingale Street NW, legally described on the attached resolution. The Commission finds the request does not meet the requirements of Ordinance No. 40. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. Staff Recommendation Staff recommends approval of the lot split requested with conditions. Attached is a resolution for Commission review and approval. , , / ,,- "-, '_J \ , j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -96 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF JERRY SAARENPAA TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40 ON THE PROPERTY LOCATED AT 15318 NIGHTINGALE STREET NW, LEGALLY DESCRIBED BELOW. WHEREAS, Jerry Saarenpaa has requested a lot split to create two parcels pursuant to Ordinance No. 40 on the property located at 15318 Nightingale Street NW, legally described as follows: .. The South Half of the Southeast Quarter of the Northwest Quarter of Section 22, Township 32, range 24, Anoka County, Minnesota; Except the West 400 feet thereof; Also except road; Subject to easements of record; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: I. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 2. That the applicant pay a park dedication fee pursuant to Ordinance No. 10, Section 9.07.10 in the amount off our hundred ($400.00) dollars. , j " ) \ ,j Page Two Lot Split Jerry Saarenpaa April 23, 1996 Adopted by the City Council of the City of Andover on this 1996. day of CITY OF ANDOVER ATTEST J.E. McKelvey, Mayor Victoria V olk, City Clerk : ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 LOT SPLIT REQUEST FORK Property Address /.I:1 / sf ,(;,1..1Uty;dA' if. 7lA.t), Hndewt!4-. Hi1",. ~~'JpY , Legal Description of property: (Fill in whichever is appropriate): Lot Block Addi tion - PIN ~ J1.. Jt.;., 'f pt 'I (YCU;) (If metes and bounds, attach.the complete legal description). Is the property: Abst~act" x/' or Torrens ? (This infor.ation .ustbe provide~ can be obtained fro. the County) . ---------------------- ~neI J(:; .5" e.~L , Reason for Request " .J Current zoning ;(.,-jf ----------------------------------------------------------------- Name of Applicant JTez.;f).. e.-e Address /01/ 1( IJ/t~ 11o'J9~< . " Home Phone 7.j-7 7. '.$' c. Business Phone --------- ------------------------------------------------------- Date Signature Property Owner (Fee Owner) (If different from above) Address Home phone Business phone "\ ) Signature Date ----------------------------------------------------------------- LOT SPLIT PAGE 2 : ) Attach a scaled drawing of the proposed split of the property showing: scale and North arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent street names; location and use of existing structures within 100 feet. ,. ('The date the property became a lot of record, the names and "I- (]ddreSSes of all property owners within 350 feet. of the property ~ proposed to be split, and the complete legal description of the bject property must also be provided. I hereby certify that this property has not been subdivided within the last three.years. --=_~ ~g(.g.;,ri#J.';.~ Lot Split Fee: ~o.o~~ Recording Fee . /' 1:;2~ . Abstract property C25.Q.ri:) . t.o Torrens property ~O Date Paid 4j~ jq" Receipt t 03D.~7 I " ) Park Dedication: Date Paid Receipt t Rev. 5-06-93:d'A 5-25-94:bh 2-0l-95:bh Res. 179-91 (11-05-91) . \ \._J ===1 r,L I \\.J.... ... I .. J ~-~ ~JJlj_f"(~.J- -..L. _ ......L, ... lrr t4 C- ...~ '< ' ~... I _~ ~ '..... , -.., I I ..,- .. a~'". .. F :3 .~ -3J - ~ FtRZI! .~.. ''<' · ,-- c'- ~ )., , ^ l '-{ "'t", -I J. ., .>" -i -": cr. ~ ...... M ~ I~ I I =- " r-- I I' ( f.. , / \> ...A. - -, \ ) -:-" - J- i I I I ,.......,.; ~ . '. , "I ,:', ~< ",~ 'a" . "'. I .' 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">~l:tl~~~:,>~"r.........[ ,,~ :":"""'~: .;; :~W~"'-'i"",t'...._.... ~.,. Ri'\',b J ~ Ir~ :, .' '''./. ~. : ":: '.'~' ~ )-4 fr . d./.... ir. 'T:!Tla~ _. ~ c~<_ ,....-- ".'_,,~. _-., \ ) .-:~ .\ ,. ~ ~ ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STAlE OF MINNESOTA . NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, April 23, 1996 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the lot split request of Jerry Saarenpaa to split a parcel pursuant to Ordinance no. 40 on the property located at 15318 Nightingale Street NW (pIN 22-32-24-24-0015), legally described as follows: .- " .~) The South Half of the Southeast Quarter of the Northwest Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota; Except the West 400 feet thereof; Also except road; Subject to easement of record. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at the Andover City Hall ~. for review prior to said meeting. t I.~;: /,a "VicToria V olk, City Clerk Publication dates: April 12, 1996 . April 19, 1996 , ) PIN: 223224130002 STEFFENSEN CLAYTON J & KAY 15411 NIGHTINGALE ST NW .wDOVER MN 55304 ) , / PIN: 223224130012 LEET CAROL L & RANDOLPH A 15357 NIGHTINGALE ST NW ANDOVER MN 55304 PIN: 223224240001 TRONSON TIMOTHY & MARY 15416 NIGHTINGALE ST NW ANDOVER MN 55304 PIN: 223224240007 VANDERLAAN JOHN T & MARY C 2120 154TH LN NW ANDOVER MN 55304 PIN: 223224240014 SAARENPAA ALAN M & LENORE M 2159 153RD LN NW ANDOVER MN 55304 " __.N: 223224310001 SLYZUK KENNETH 15211 NIGHTINGALE ST NW ANDOVER MN 55304 \ ) PIN: 223224130011 MCKELVEY JOHN E & J A 15327 NIGHTINGALE ST NW ANDOVER MN 55304 " PIN: 223224130014 STEFFENSEN CURTIS & JANICE 15461 NIGHTINGALE ST NW - . ANDOVER MN. 55304 . PIN: 223224240006 MOE PATRICK S & LINDA M 2170 154TH LN NW ANDOVER MN 55304 PIN: 223224240008 FLIKEID PATRICK D & SUSAN M 2060 154TH LN NW ANDOVER MN 55304 PIN: 223224240015 SAARENPAA JERRY & ELIZABETH 15318 NIGHTINGALE ST NW ANDOVER MN 55304 PIN: 223224420002 SLYZUK KENNETH L & MARY A 15211 NIGHTINGALE ST NW ANDOVER MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7, 1996 DATE AGENDA SECTION NJ. N~I\.Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NJ. SUPNariance - Inst. Sign 15400 Hanson Boulevard NW Oak View Middle School - tn: la. The City Council is asked to review the Special Use Permit/variance request of the Anoka Hennepin Independent School District to erect an institutional sign with an aggregate square footage in excess of thirty-two (32 s.f.) and which exceeds the maximum individual sign area of thirty-two (32 s.f.) on the property located at 15400 Hanson Boulevard NW (Oak View Middle School), legally described on the attached resolution. . ) Background For background information on the request, please consult the attached staff report and minutes from the April 9, 1996, Planning and Zoning Commission meeting. Planning and Zoning Commission Recommendation The Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit/variance request with the conditions as listed on the attached resolution. \ , / MOTION BY: SECOND BY: \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -96 A RESOLUTION GRANTING THE SPECIAL USE PERMITN ARIANCE REQUEST OF THE ANOKA HENNEPIN INDEPENDENT SCHOOL DISTRICT NO. II TO ERECT AN INSTITUTIONAL SIGN WITH AN AGGREGATE SQUARE FOOTAGE IN EXCESS OF THIRTY-TWO (32 S.F.) SQUARE FEET AND WHICH EXCEEDS THE MAXIMUM INDIVIDUAL SIGN AREA OF THIRTY-TWO (32 S.F.) SQUARE FEET PURSUANT TO ORDINANCE NO.8, SECTION 8.07, SIGNS ON THE PROPERTY LOCATED AT 15400 HANSON BOULEVARD NW (OAK VIEW MIDDLE SCHOOL), LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A. ....-j WHEREAS, the Anoka Hennepin Independent School District No. II has requested a Special Use Permit to erect a seventy-five (75 s.f.) square foot institutional sign pursuant to Ordinance No.8, Section 8.07, Signs which exceeds the aggregate square footage requirement of thirty-two (32 s.f.) square feet and exceeds the maximwn individual sign area of thirty-two (32 s.f.) square feet on the property located at 15400 Hanson Boulevard NW (Oak View Middle School), legally described on the attached Exhibit A; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission finds that the strict enforcement of the Ordinance will cause an undue hardship because of the circumstances unique to the individual property (Large size of the property and the structure warrants a larger sign than provided in the Ordinance.). WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit/variance as requested. ) ./ , / Page Two Resolution Special Use Permit - Institutional Sign Oak View Middle School Anoka Hennepin Independent School District No. II NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit/variance request to allow the Anoka Hennepin Independent School District No. 11 to erect an institutional sign as requested on said property with the following conditions: 1. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 2. The applicant shall apply for and be granted a sign permit prior to the erection of the sign. 3. The sign shall be located ten (10') feet from any property line. '. 4. The aggregate square footage of sign space shall not exceed one hundred (100 s.f.) square feet. J 5. The sign shall be located at least one hundred thirty (130') feet from any residential structure. 6. The sign shall be a free-standing sign. Adopted by the City Council of the City of Andover on this _7th_ day of _~,_1996. CITY OF ANDOVER ATTEST J.E. McKelvey, Mayor Victoria V olk, City Clerk , ) , ) EXHIBIT A LEGAL DESCRIPTION That part of the South Half of the Northeast Quarter of Section 22, Township 32, Range 24. Anoka County. Minnesota, described as follows: \ ) Commencing at the southwest comer of said Northeast Quarter; thence northerly on an assumed bearing of North 0 degrees 00 minutes 15 seconds West, along the west line of said Northeast Quarter, 445.00 feet; thence South 88 degrees 51 minutes 00 seconds East, parallel with the south line of said Northeast Quarter, 1013.00 feet to the point of beginning of the land to be described; rhence North 0 degrees 21 minutes 20 seconds East, parallel with the east line of said Northeast Quarter, 868.75 feet to the intersection with the north line of said Northeast Quarter; thence South 88 degrees 51 minutes 28 seconds East. along said north line, 1608.47 feet to the northeast comer of said Northeast Quarter; thence South 0 degrees 21 minutes 20 seconds West, along said east line of the Northeast Quarter, 1313.92 feet to the southeast ("orner of said Northeast Quarter; thence North 88 degrees 51 minutes 00 seconds West, along said south line of the Northeast Quarter. 1608.4 7 feet to the intersection with a line parallel with said east line of the Northeast Quarter and passing through the point of beginning; thence North 0 degrees 21 minutes 00 seconds East., parallel with said east line of the Northeast Quarter. 444.95 feet to the point of beginning. Subject to road over the east 125.00 feet thereof and subject to the other easements of record. if any. \ J '. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - APRIL 9, 1996 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on April 9, 1996, 7:03 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Lynnette Barry, Jeffrey Luedtke, Jerry Putnam (arrived at 7:06 p.m.), Randy Peek, Lorna Wells Maynard Apel City Planning, Jeff Johnson City Planning Director, David Carlberg Others Commissioner absent: Also present: APPROVAL OF MINUTES March 26, 1996: Correct as written. MOTION by Luedtke, Seconded by Barry, to approve the Minutes as ,presented. Motion carried on a 4-Yes, 1-Present (Peek) 2-Absent (Apel, ../Putnam) vote. PUBLIC HEARING: SPECIAL USE PERMIT - INSTITUTIONAL SIGNS - OAK VIEW MIDDLE SCHOOL - ANOICA HENNEPIN INDEPENDENT SCHOOL DISTRICT NO. 11 7:04 p.m. Mr. Carlberg explained the Anoka Hennepin Independent Schoo~ District No. 11 is requesting a Special Use Permit to erect a 75-foot institutional sign at the southernmost driveway entrance at 15400 Hanson Boulevard, the site of the new Oak View Middle School. The property is zoned R-1, Single Family Rural. The Special Use Permit request is to allow more than the aggregate 32 square feet. Since the public hearing notice, it has been discovered that a variance will also be needed because the sign itself exceeds 32 square feet. He has discussed this with the City Attorney, who did not have a problem with including the variance request at the public hearing at this time. Mr. Carlberg noted the ordinance was amended in 1991, and this is the first request since then dealing with large signs based on the size of the project. It is a 49-acre site, and to have one sign of 75 square feet doesn't seem unrealistic when talking about this size of facility. Staff is recommending approval of the variance based on the hardship that strict enforcement of the ordinance causes the hardship. The size of the structure and the size of the property would warrant a larger \ sign. ./ Commission discussion was on a clarification on the aggregate square footage requirement. Regular Andover Planning and Zoning Commission Meeting Minutes - April 9, 1996 Page 2 \ ( ) (Public Hearing: Special Use Permit - Institutional Signs - Oak View Middle School, Continued) MOTION by Wells, Seconded by Barry, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Apel) vote. 7:15 p.m. Zack Johnson. ATS & R. Architectural firm for the proiect - explained the sign structure is L-shaped. There is no message on the masonry to Hanson Boulevard. The lettering is applied over a lighted background. MOTION by Luedtke, Seconded by Wells, to close the public hearing Motion carried on a 6-Yes, 1-Absent (Apel) vote. 7:15 p.m. Mr. Carlberg didn't think anyone envisioned such a large project when the ordinance was amended. He felt the ordinance may need to be reviewed regarding the aggregate square footage and sign size and possibly consider basing it on the size of the building as is done in the commercial district. Commissioner Wells felt the proposed sign will look nice. It is important to have a sign that will be visible. After the new Cicy Hall is built, visibility may become a problem as one drives north along Hanson Boulevard toward the Middle School. Commissioner Putnam did not think the size of tee sign is excessive, nor would it have a large impact on the area. , )MOTION by Wells, Seconded by Luedtke, to forward the variance to Ordinance 8, Section 8.0(C) (1) along with the Special Use Permit for signage at the Oak View Middle School to the City Council for passage. Motion carried on a 6-Yes, 1-Absent (Apel) vote. This item will be placed on the May 7, 1996, City Council agenda. 7:24 p.m. P~ HE.".RINC: STECU..L USi!. PERMIT - INSTI-TTJfi~AL STr.NS ~ -ANDOVER EL :ARY SCHOOL - ANOKA HENNEPIN INDEPENDENT SCHOOL DISTRICT NO. 11 . Carlberg explained the request of the Anoka Hennepin Independent Scn 1 District No. 11 for a Special Use Permit to allow more than one ins . utional sign per lot frontage with an aggregate square footage excee' 32 square feet at 14950 Hanson Boulevard, Andover Elementary Schoo. One 30-square-foot sign already exists at the southerly entrance on Ha on Boulevard. With the addition to the school, the proposal is to add another two-sided, free-standing sign at the driveway entrance to the site""from Crosstown Boulevard NW plus a colonnade sign across the main entran to the building. The aggregate square footage of the sign space will ex ed 100 square feet; therefore, a variance is also necessary to Ordina e No.8, Section 8.07 (D) (2) (i) (2). The sign off Crosstown Boulevard is proposed to be 44.5 square feet. The colonnade would be 84 square eet. The Special Use Permit is necessary fo~' the excessive aggregate---- square footage of , signage plus the number of signs per lot frontage. Variances are needed lfor exceeding the minimum 32-square-foot requirement for each sign, and '/ another variance is needed to vary from the minimum lOa-aggregate square footage req'.lirement. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE April 9, 1996 AGENDA ITEM ORIGINATING DEPARTMENT 3. Public Hearing: Special Use Perm t Inst. Sign - Oak View Middle Schoc Anoka Hennepin School Dist. No 11 BY: Planning David L. Carlberg Planning Director APPROVED FOR AGENDA BY'~ Request The Planning and Zoning Commission is asked to review the request of the Anoka Hennepin Independent School District No. 11 for a Special Use Permit to erect an institutional sign on the property located at 15400 Hanson Boulevard NW known as the site of the new Oak View Middle School. This request is being made pursuant to Ordinance No.8, Section 8.07, Signs. The property is zoned R-l, Single Family Rural. '\ . j Applicable Ordinances Ordinance No.8, Section 8.07, Signs. Section 8.07(D)(2)(i), allows institutional signs in residential districts with an aggregate square footage exceeding thirty-two (32 s.t:) square feet and/or more than one sign per lot frontage provided: 1. The sign is located ten (10') feet from any property line. 2. The aggregate square footage of sign space shall not exceed one hundred (100 s.t:) square feet. 3. The sign shall be the following styles: combination, free-standing, pedestal, roof or wall. 4. No more than one (1) sign shall be allowed per lot frontage unless approved by the City Council. 5. The sign shall be located at least one hundred thirty (130') feet from any residential structure. '\ 'J \ i '. ) Page Two Special Use Permit - lnst. Sign Oak View Middle School Planning and Zoning Commission Meeting April 9, 1996 Ordinance No.8, Section 5.03, Special Uses. Section 5.03, establishes the procedure and criteria for granting a Special Use Permit. The following criteria shall be examined: 1. The effect of the proposed use on the health, safety, morals and general welfare of the occupants of the surrounding lands. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3. The effect on the values of property and the scenic views in the surrounding area. / 4. The effect of the proposed use on the Comprehensive Plan. General Review The applicant is requesting a Special Use Permit to erect a seventy-five (75') foot two sided, free-standing sign as shown on the attached diagram. The sign is to be located at the southernmost driveway entrance to the Oak View Middle School as shown on the attached location map. Staff Recommendation Staff recommends approval of the Special Use Permit with conditions as listed on the attached resolution. \ '. ~ \ ) CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R -96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF THE ANOKA HENNEPIN INDEPENDENT SCHOOL DISTRICT NO. 11 TO ERECT AN INSTITUTIONAL SIGN IN EXCESS OF THIRTY-TWO (32 S.F.) SQUARE FEET PURSUANT TO ORDINANCE NO.8, SECTION 8.07, SIGNS ON THE PROPERTY LOCATED AT 15400 HANSON BOULEVARD NW (OAK VIEW MIDDLE SCHOOL), LEGALLY DESCRIBED ON THE ATIACHED EXHIBIT A. WHEREAS, the Anoka Hennepin Independent School District No. 11 has requested a Special Use Permit to erect an institutional sign pursuant to Ordinance No.8, Section 8.07, Signs on the property located at 15400 Hanson Boulevard NW (Oak View Middle School), legally described on the attached Exhibit A; and \ ) WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit to allow the Anoka Hennepin Independent School District No. 11 to erect an institutional sign as requested on said property with the following conditions: 1. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). \ 2. The applicant shall apply for and be granted a sign permit prior to the erection of the \ j sIgn. , , ) Page Two Resolution Special Use Permit - Institutional Sign Oak View Middle School Anoka Hennepin Independent School Distri~t No. II 3. The sign shall be located ten (10') feet from any property line. 4. The aggregate square footage of sign space shall not exceed one hundred (100 s.f.) square feet. 5. The sign shall be located at least one hundred thirty (130') feet from any residential structure. 6. The sign shall be a free-standing sign. Adopted by the City Council of the City of Andover on this _7th_ day of _Mu:,_1996. ,_) CITY OF ANDOVER ATTEST J.E. McKelvey, Mayor Victoria V olk, City Clerk \ ) J1j/J i: ''1(.1>. .,(_.. .\.~' I - ~.~Il ~ r R"~ '-- ..--'\ t'4, -I J. -{ ...~ '< )/ c, i I :'-"""--..t. ~- "l'- r .'.' 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(812) 755-5100 SPEC1AL USE PERMIT Property Address 15400 Hanson Blvd. Legal Description of property:' (Fill in whichever is appropriate): Lot Block Addition PIN 223224140006 (If metes and bounds, attach the complete legal description.) IS the properj:y: Abstract x or Torrens ? (This inforaatioD must be provided and caD be obtaiDed from the County. ) . ----------------------------------------------------------------- Reason for Request Strict enforcement of the ordinance places a functional \ ) comrnunitv of school aet:ivitie~L restriction on a large institutional uses abilitv to identifv and inform the Section of ordinance 8.07 Current Zoning ~t ----------------------------------------------------------------- Name of Applicant Anoka-Hennenin Sc-,hool Distric-,t Address 11299 Hanson Blvd. N.W., Coon Rapids, MN 55433-3715 Home Phone Signature Business Phone 422-5525 Oa te 3-26-96 --------------------------------------- Property Owner (Pee Owner) Same (If different from above) " j Address Bome Phone Business Phone Signature Date G{- /V !/n j, ----------------------------------------------------------------- SPECIAL USE PERKIT PAGE 2 ~ The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended S{Jl) Recording Fee Abstract property Torrens property $190.00 $150.00 $50.00 $25.00 $34.50 Date Paid :3 -:n-7~ Receipt It 3oc.3 7 Rev. 5-06-93:d'A 5-04-94:bh , 2-0l-95:bh / 3-22-95:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERKITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. / "\ , CITY of ANDOVER " / 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER. MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday Apri19, 1996 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Special Use Permit request of the Anoka-Hennepin School District No. 11 to erect an institutional sign as defined in Ordinance No.8, Section 8.07 on the property known as the site of the Oak View Middle School, located at 15400 Hanson Boulevard NW. All written and verbal comments will be received at that time and location. " A copy of the application and location will be available at the Andover City Hall for review prior to said meeting. I~/~ / Victoria V olk. City Clerk Publication dates: March 29,1996 April 5, 1996 ) PIN: 223224110001 CENTER OAKS 13736 JOHNSON Sf NE 1'1 LAKE MN 55304 / PIN: 223224110002 CHESfERTON PARTNERSHIP 3640 152ND LANE NW ANDOVER MN 55304 PIN: 223224120001 CENTER OAKS 13736 JOHNSON Sf NE HAM LAKE MN 55304 PIN: 223224130005 ANOKA-HENN IND SCHOOL DlSf 1111 11299 HANSON BLVD NW COON RAPIDS MN 55433 PIN: 223224130011 MCKELVEY JOHN E & J A 15327 NIGHTINGALE Sf NW ANDOVER MN 55304 PIN: 223224130012 LEET CAROL L & RANDOLPH A 15357 NIGHTINGALE Sf NW ANDOVER MN 55304 PIN: 223224130014 STEFFENSEN CURTIS & JANICE 15461 NIGHTINGALE Sf NW ANDOVER MN 55304 PIN: 223224130015 CENTER OAKS 13736 JOHNSON Sf NE HAM LAKE MN 55304 PIN: 223224140004 ANOKA HENN IND SCHOOL DlSf 11 11299 HANSON BLVD NW COON RAPIDS MN 55433 '. PIN: 223224140005 ANOKA HENN IND SCHOOL DlSf 11 11299 HANSON BLVD NW COON RAPIDS MN 55433 ./ PIN: 223224140006 ANOKA HENN IND SCHOOL DlSf 11 11299 HANSON BLVD NW COON RAPIDS MN 55433 PIN: 223224140007 AN HENN IND SCHOOL DlST NO 11 11299 HANSON BLVD NW COON RAPIDS MN 55433 PIN: 223224140008 AN HENN IND SCHOOL DlSf NO 11 11299 HANSON BLVD NW COON RAPIDS MN 55433 PIN: 223224410001 GROW CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN: 223224410002 GROW CITY OF 1685 CROSSfOWN BLVD NW ANDOVER MN 55304 PIN: 223224420002 SLYZUK KENNETH L & MARY A 15211 NIGHTINGALE Sf NW ANDOVER MN 55304 PIN: 233224220001 WINDSCHITL GERALD G & CAROL A 299 COON RAPIDS BD NW COON RAPIDS MN 55433 PIN: 233224230002 WINDSCHITL GERALD G & CAROL A 3640 152ND LN NW ANDOVER MN 55304 ') "" _ J.I1: 233224230003 WINDSCHITL GERALD G & CAROL A 3640 152ND LN NW ANDOVER MN 55304 PIN: 233224320002 HAMILTON LORA G 6615 HWY 10 NW ANDOVER MN 55304 I _,_,-,=,::,C...; ''';. '='.i.,,=,::'C.2_-C'~:' rMbc:.:\1C:: '- ; \. CA. CITY of ANDOVER VARIANCE REQUEST FORM " Property Address ';400 ~~l'\t;ot4 ~\..'l1). Legal Description of property: (~\'TN:.'l-\E.~) (Fill in whichever is appropriate): Lot Block Addition Plat Parcel PIN ~ 2. ~'Z'Z.414 000 V; (If metes and bounds, attach the complete legal) --------------------------------------~-------------------------- Description of Request \Mc.lZe.~e.. To p..\,,\"o""",60..~\..E. c)\GN ,.b.~~. ./ Specific Hardship .;-nu.c.1' A?f7L\c.A""'CIOM ()~ O\.Z~\H~~c..t:. \.., \"'~v,?~?~p..ct:, ~ l'\E.~ c~ i"\l~\..\c. ~~'o\.. 1'0 1""~\'Z-tr\ CDt'I-~"~l"C:'( o~ ~c.."'\\}\lI6e, Section of Ordinance 8 Current Zoning ~.'Z. Address \ \'2.'1<1 !\t{o~. "E\-\~t?\H ~c..4eo\.. \)\~"T~\c..T ~H':1oH ~\..\ft). t{.~. i Coot-'. ~?\i)~ I f'o\~ ?;~ Business Phone ..A'2.~ . C;;'Z.t; Date .L.f!,. ~ (, Name of Applicant Home Phone '::iqnature C?~E.- ') Property Owner (Fee Owner) (If different from above) Address Home Phone Business phone Signature Date ') / VARIANCE PAGE 2 \ The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of exist1ng structures within 100 feet. J 2. Application Fee: Single Family $ 75.00 Other Requests - $100,00 Date paid Receipt * Rev. 1-07-92:d'A S-23-94:bh Res. 179-91 (11-05-91) CRITBRIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission, and: / 1. If the request is in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable USe of the property, 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. \ " LEGAL DESCRiPTION FROM CERTIFICATE OF SURVEY BY OTHERS: That part of the South Half of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota, described as follows: \ / Commencing at the southwest corner of said Northeast Quarter~ thence northerly on an assumed bearing of North 0 degrees 00 minutes 15 seconds West, along the west line of said Northeast Quarter, 445.00 feet~ thence South 88 degrees 51 minutes 00 seconds East, parallel with the south line of said Northeast Quarter, 1013.00 feet to the point of beginning of the land to be described; ihence North 0 degrees 21 minutes 20 seconds East, parallel with the east line of said Northeast Quarter, 868.7 5 feet to the intersection with the north line of said Northeast Quarter~ thence South 88 degrees 51 minutes 28 seconds East, along said north line, 1608.47 feet to the northeast corner of said Northeast Quarter; thence South 0 degrees 21 minutes 20 seconds West, along said east line of the Northeast Quarter, 1313.92 feet to the southeast ('orner of said Northeast Quarter~ thence North 88 degrees 51 minutes 00 seconds West, along said south line of the Northeast Quarter, 1608.4 7 feet to the intersection with a line parallel with said east line of the Northeast Quarter and passing through the point of beginning; thence North 0 degrees 21 minutes 00 seconds East, parallel with said east line of the Northeast Quarter, 444.95 feet to the point of beginning. Subject to road over the east 125.00 feet thereof and subject to the other easements or r~cord, if any. '\ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7, 1996 DATE Planning ~ APPROVED FOR AGENDA AGENDA SECTION /10 NDn-Discussion Item ORIGINATING DEPARTMENT ITEM /10 SUPNariance - Inst. Signs 14950 Hanson Boulevard NW Andover Elementary School David L. Carlberg Planning Director BY: l3. The City Council is asked to review the Special Use Permit/variance request of the Anoka Hennepin Independent School District to erect two (2) institutional signs (total. of three (3) signs on the property) with an aggregate square footage in excess of thirty-two (32 s.f.) and which exceeds the maximum individual sign area of thirty-two (32 s.f.) with more than one sign per lot frontage on the property located at 14950 Hanson Boulevard NW (Andover Elementary School), legally described on the attached resolution. , J Background For background information on the request, please consult the attached staff report and minutes from the Apri19, 1996, Planning and Zoning Commission meeting. Planning and Zoning Commission Recommendation The Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit/variance request with the conditions as listed on the attached resolution. MOTION BY: SECOND BY: , ) . ;0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R -96 A RESOLUTION GRANTING THE SPECIAL USE PERMITN ARIANCE REQUEST OF THE ANOKA HENNEPIN INDEPENDENT SCHOOL DISTRICT NO. 11 TO ERECT TWO (2) INSTITUTIONAL SIGNS (TOTAL OF THREE (3) SIGNS ON PROPERTY) WITH AN AGGREGATE SQUARE FOOTAGE IN EXCESS OF THIRTY-TWO (32 S.F.) SQUARE FEET AND WHICH EXCEEDS THE MAXIMUM INDIVIDUAL SIGN AREA OF THIRTY-TWO (32 S.F.) SQUARE FEET WITH MORE THAN ONE SIGN PER LOT FRONTAGE PURSUANT TO ORDINANCE NO. 8, SECTION 8.07, SIGNS ON THE PROPERTY LOCATED AT 14950 HANSON BOULEVARD NW (ANDOVER ELEMENTARY SCHOOL), LEGALLY DESCRIBED BELOW. " WHEREAS, the Anoka Hennepin Independent School District No. 11 has requested a Special Use Permit to erect two (2) institutional signs (total of three (3) signs on the property) pursuant to Ordinance No.8, Section 8.07, Signs which exceeds the aggregate square footage requirement of thirty-two (32 s.f.) square feet and exceeds the maximum individual sign area of thirty-two (32 s.f.) square feet with more than one sign per lot frontage on the property located at 14950 Hanson Boulevard NW (Andover Elementary School), legally described as follows: J The Southeast Quarter of the Southeast Quarter of Section 22, Township 32, range 24, Anoka County, Minnesota; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, a public hearing was held and there was no opposition to the request; and " J WHEREAS, the Planning and Zoning Commission finds that the strict enforcement of the Ordinance will cause an undue hardship because of the circumstances unique to the individual property (large size of the property and the structure warrants more and larger signs than provided by the Ordinance). , / Page Two Resolution Special Use Permit - Institutional Signs Andover Elementary School Anoka Hennepin Independent School District No. II WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit/variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit/variance request to allow the Anoka Hennepin Independent School District No. 11 to erect two (2) institutional signs as requested on said property with the following conditions: I. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). , / 2. The applicant shall apply for and be granted sign permits prior to the erection of the SIgns. 3. The signs shall be located ten (10') feet from any property line. 4. The signs shall be located at least one hundred thirty (130') feet from any residential structure. Adopted by the City Council of the City of Andover on this _7th_ day of _~,_1996. CITY OF ANDOVER ATTEST J.E. McKelvey, Mayor Victoria V olk, City Clerk '. J Regular Minutes Page 2 Andover Planning and zoning Commission Meeting - April 9, 1996 , '- ) ( (Public Hearing: Special Use Permit - Institutional Signs - Oak View Middle School, Continued) MOTION by Wells, Seconded by Barry, to open the public hearing. Motion carried on a 6-Yes, I-Absent (Apel) vote. 7:15 p.m. Zack Johnson ATS & R Architectural firm for the the sign structure is L-shaped. There is no messa Hanson Boulevard. The lettering is applied over r 'ect - explained on the masonry to lighted background. MOTION by Luedtke, Seconded by Wells, Motion carried on a 6-Yes, I-Absent (Ap the public hearing 7:15 p.m. Mr. Carlberg didn't think anyone e isioned such a large project when the ordinance was amended. the ordinance may need to be reviewed regarding the aggre te square footage and sign size and possibly consider basing it n the size of the building as is done in the commercial district. mmissioner Wells felt the proposed sign will look nice. It is impor nt to have a sign that will be visible. After the new Cicy Hall i built, visibility may become a problem as one drives north alo 9 Hanson Boulevard toward the Middle School. Commissioner Put m did not think the size of tee sign is excessive, nor would it have large impact on the area. / MOTION b Wells, Seconded by Luedtke, to forward the variance to Ordinan 8, Section 8.0(C) (1) along with the Special Use Permit for sign e at the Oak View Middle School to the City Council for passage. Mo 'on carried on a 6-Yes, I-Absent (Apel) vote. This item will be aced on the May 7, 1996, City Council agenda. 7:24 p.m. -..--------- --- ------------~---_. - ----~-~ - - ---- .-- - --~-- PUBLIC HEARING: SPECIAL USE PERMIT - INSTITUTIONAL SIGNS - ANDOVER ELEMENTARY SCHOOL - ANOKA HENNEPIN INDEPENDENT SCHOOL DISTRICT NO. 11 , / 7:24 p.m. Mr. Carlberg explained the request of the Anoka Hennepin Independent School District No. 11 for a Special Use Permit to allow more than one institutional sign per lot frontage with an aggregate square footage exceeding 32 square feet at 14950 Hanson Boulevard, Andover Elementary School. One 30-square-foot sign already exists at the southerly entrance on Hanson Boulevard. With the addition to the school, the proposal is to add another two-sided, free-standing sign at the driveway entrance to the site from Crosstown Boulevard NW plus a colonnade sign across the main entrance to the building. The aggregate square footage of the sign space will exceed 100 square feet; therefore, a variance is also necessary to Ordinance No.8, Section 8.07 (D) (2) (i) (2). The sign off Crosstown Boulevard NW is proposed to be 44.5 square feet. The colonnade would be 84 square feet. The Special Use Permit is necessary fo~- the excessive aggregate square footage of signage plus the number of signs per lot frontage. Variances are needed for exceeding the minimum 32-square-foot requirement for each sign, and another variance is needed to vary from the minimum 100-aggregate square footage requirement. Regular Andover Planning and Zoning Commission Meeting Minutes - April 9, 1996 Page 3 " ) (Public Hearing: Special Use Permit - Institutional Signs - Andover Elmementary School, Continued) Commissioner Luedtke was concerned with how far the sign will be set back from the road, as the structure itself would be high enough to block the line of sight. Mr. Carlberg stated it will be 10 feet from the property line. The Andover fk .ria'.' Committee- will be reviewing the sight triangle and other requir~ents before installation. f' \., " ")"\ht \><.f> ~ MOTION by Barry, Seconded by Wells, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Apel) vote. 7:32 p.m. Mark Haves. ATS & R. Architectural firm for the school - explained with the new addition to the school, there was concern with focusing on the main entrance to the site. The main office will be relocated from the southern portion of the existing building to a central area between the original and the new buildings. A new entry has been constructed in that central area, plus one to the north which is more for staff and community education. The free-standing colonnade was designed to draw attention to what will now be the main entry for anyone coming from either Crosstown Boulevard or Hanson Boulevard. MOTION by Putnam, Seconded by Luedtke, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Apel) vote. 7:36 p.m. / The Commission generally agreed wi th the proposal, that the colonnade is appropriate to avoid confusion and that the signage is not excessive. MOTION by Wells, Seconded by Barry, to forward to the City Council approval for the signage as well as variances as stated in the application. Motion carried on a 6-Yes, l-Absent (Apel) vote. This will be placed on the May 7, 1996, City Council agenda. Chairperson Squires suggested the Commission look at the institutional sign regulations again. Mr. Carlberg stated Staff will look at that. 7:42 p.m. P 4.20 7:42 p.m. Mr. Car explained this item was tabled to allow Staff to readvertise and include change to the chart in Section 6. ()2 of Ordinance No.8. No other n es have been made. Section 6.02 was changed to eliminate any referen 0 minimu~ requirements in Planned Unit Developments in the R-4 and R-S dl icts. O~her ordinance minimum requirements will apply such as septic sy ms, building pads, etc., when development is done under a PUD. The prop d Ordinance 112 does allow up to a 20 percent increase in density based 0 ertain criteria, chat is a 5 percent increase for each of the four cri 'a listed in that ordinance. , J CITY OF ANDOVER REQUEST F,OR PLANNING COMMISSION ACTION April 9, 1996 DATE AGENDA ITEM 4. Public Hearing: Special Use Perm t Inst. Signs - Andover Elem. School Anoka Hennepin School Dist. No.1 ORIGINATING DEPARTMENT Planning David L. Carlberg BY: Planning Director APPROVED FOR AGENDA BY:t Request The Planning and Zoning Commission is asked to review the request of the Anoka Hennepin Independent School District No. 11 for a Special Use Permit to allow more than one institutional sign per lot frontage with an aggregate square footage exceeding thirty-two (32 s.f.) on the property located at 14950 Hanson Boulevard NW (Andover Elementary School). This request is being made pursuant to Ordinance No.8, Section 8.07, Signs. The property is zoned R-l, Single Family Rural. I Applicable Ordinances Ordinance No.8, Section 8.07, Signs. Section 8.07(D)(2)(i), allows institutional signs in residential districts with an aggregate square footage exceeding thirty-two (32 s.f.) square feet and/or more than one sign per lot frontage provided: 1. The sign is located ten (10') feet from any property line. 2. The aggregate square footage of sign space shall not exceed one hundred (100 s.f.) square feet. 3. The sign shall be the following styles: combination, free-standing, pedestal, roof or wall. 4. No more than one (1) sign shall be allowed per lot frontage unless approved by the City Council. "\ I 5. The sign shall be located at least one hundred thirty (130') feet from any residential structure. '- ) Page Two Special Use Permit - Inst. Signs Andover Elementary School Planning and Zoning Commission Meeting April 9, 1996 Ordinance No.8, Section 5.03, Special Uses. Section 5.03, establishes the procedure and criteria for granting a Special Use Permit. The following criteria shall be examined: 1. The effect of the proposed use on the health, safety, morals and general welfare of the occupants of the surrounding lands. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. J 3. The effect on the values of property and the scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. General Review The applicant is requesting a Special Use Permit to erect two (2) institutional signs as a part of the construction of the addition to the Andover Elementary School. A two sided, free-standing sign is proposed to be located at the driveway entrance to the site from Crosstown Boulevard NW and a colonnade sign is proposed to be erected as shown on the attached diagrams and location maps. Currently, a thirty (30 s.f.) square foot sign exists at the southernmost entrance to the site from Hanson Boulevard NW. Therefore, a total of three (3) institutional signs would be located on the property and a Special Use Permit is required pursuant to Ordinance 8, Section 8.07(D)(2)(i) as stated above. Staff, at the time of writing this report, discovered that the aggregate square footage of sign space will exceed one hundred (100 s.f.) square feet. Therefore a variance would be necessary to Ordinance No. 8, Section 8.07(D)(2)(i)(2) unless the applicant is willing to scale back the size of the signs. , , , / . ~/I ~'Z ~oO" I'- \;; r- ,"" - J '..11 ~ ;\ --. Y/ ,'7 L 1, r --N... \T '\ :....~. 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I'" '?- "- -::r To I J 0_ ---..! --. ""' ,- ~ , . I , , i .--' .1 I '. . ..r- ~ 1.0 -. ii ~ ... '. \ ~ -t ::r ..) ::J ~ I I - - -L1 ..J t "0 fl -I ':,1 - ....)1 , ~i ~\. I ~\. I:- lli~ r', ~'"\ ll.Z.. ~, 'R': Iii \{\: I .....;./ z' ( ~;'.; -:' r-I~. \. \'~ "-J!r\ Ll} -f\ ~ .;,fo ::.J . ~ ;t z ~.. -c 1--.:. <( r :>.~ W~ ~. -..1' ill . . , , CITY of ANDOVER " / 1685 CAOSSTOWN BOULEVARO N.W. . ANDOVER, MINNESOTA SS304 . (812) 755-5100 SPEC1AL USE PERMIT ANDO'lER. E\..E""E.N"TA'It"< SCHooL- Property Address -.\4QS-O HAw'SON 61..'/0., N.W. Legal Description of property: (Fill in whichever is approp~iate): Lot Bloek 2232.2.4 4+0003 ~ PIN '2. '2. ~ 224- 440004- Addition (If metes and bounds, attach the complete legal description. ) IS the proper~y: Abstract vi or Torrens ? (This infor.atiOD .ust be provided and can be obtained from the County. ) ----------------------------------------------------------------- Reason for Request \ \. IN"ST I,U,lo\J ~L "":.\G\oJ IN 'RESI't>ENT\AL 0\ S,lU cr y.l\~ A.W P.GGR"E.G~ '5&.\JAAE 'FTC;. E~'-E.ct>lt--l G '32 "S.l='. '2. MORE ~A" ONE S\GN PeR L.OT l=~O~TAGrt::. / Section of ordinance to.OI ~- /) Current zoning RESI'bl::\oJT1 A-L ----------------------------------------------------------------- INPEPENP'E1'lI SLt-\-OOL.. D'~ I C.T NO. II Name of Applicant M~. t'\CK N'(6ECK Address 112Cl9 HAtoJC;ON BLVD. N.W. ------------------------- --------------------------------------- ~usiness Phone 422 - S;-2.5 Home Phone Signature Date Property Owner (Fee Owner) (If different from above) Address ~ J6-""'-L Home Phone Business Phone \ I / Signature Date ----------------------------------------------------------------- QA/ ,1] . 4'?-'\'\ SPECIAL USE PERKIT PAGE 2 , ,) The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended S~ Recording Fee Abstract property Torrens property $190.00 $150.00 $50.00 $25.00 $34.50 Date Paid :3 -;)7 -9t Receipt i 3003~ . " . J Rev. 5-06-93:d'A 5-04-94:bh 2-0l-95:bh 3-22-95:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERKITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. " j \ .J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday April 9, 1996 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Special Use Permit request of the Anoka-Hennepin Independent School District No. 11 to erect two institutional signs as defined in Ordinance No.8, Section 8.07 on the property known as the site of the Andover Elementary School, located at 14950 Hanson Boulevard NW. All written and verbal comments will be received at that time and location. \ J A copy of the application and location will be available at the Andover City Hall for review prior to said meeting. ~ l..a Victoria V olk, City Clerk Publication dates: March 29,1996 AprilS, 1996 \ / PIN: 223224410001 GROW CITY OF 1685 CROSSTOWN BLVD NW / ,OVER MN 55304 , / PIN: 223224410002 GROW CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN:223224420003 THOMPSON LAROLD E & G M 1813 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN: 223224420004 LOUDEN STEVEN L 1831 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN: 223224430002 LAPfUTA WALTER & ROSEMARY 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN: 223224440002 LOCHER LANDOL J & PATRICIA 15451 NOWTHEN BD ANOKA MN 55304 PIN: 223224440003 ANOKA HENNEPIN SCHOOL DIST 11299 HANSON BLVD NW COON RAPIDS MN 55433 PIN: 223224440004 ANOKA HENN IND SCHOOL DIST # 11 11299 NW HANSON BLVD COON RAPIDS MN 55433 PIN: 233224320002 HAMILTON LORA G 6615 HWY 10 NW ANDOVER MN 55304 PIN: 233224320006 HOLASEK WINSLOW I 1159 ANDOVER BLVD NW ANDOVER MN 55304 . " , ) PIN: 233224330002 HOLASEK WINSLOW I 1159 ANDOVER BLVD NW ANDOVER MN 55304 PIN: 233224330003 SHARON MICHAEL R 15038 EAGLE ST NW ANDOVER MN 55304 PIN: 233224330004 WANOUS C L & PACKARD S E & P A 15024 EAGLE ST NW ANDOVER MN 55304 PIN: 233224330005 RICKE JAMES D 15010 EAGLE ST ANDOVER MN 55304 PIN: 233224330006 PINEWSKI BUILDERS INC 14996 EAGLE ST ANDOVER MN 55304 PIN: 233224330007 WINSLOW HILLS PROPERTIES 03538 MISSISSIPPI DR NW COON RAPIDS MN 55433 PIN: 233224330008 WINSLOW HILLS PROPERTIES 03538 MISSISSIPPI DR NW COON RAPIDS MN 55433 PIN: 233224330009 PETERSON JAMES R & DIANNE M K 14954 EAGLE ST NW ANDOVER MN 55304 , ~:233224330010 RADICH NICHOLAS A & DELORES M 1560 149TH LN NW ANDOVER MN 55304 PIN: 263224220012 HOLMQUIST PAUL J & A.\fY B 1587 148TH LN NW ANDOVER MN 55304 PIN:263224220013 SHEROHMAN W J & BONTE SUSAN J 1571 148TH LN NW P,' 'OVER MN 55304 , J PIN: 263224220014 GULLIKSON STEVEN A & JEAN K 1555 148TH LN NW ANDOVER MN 55304 PIN:263224220016 DUTrON BRIAN P & ANN M 14844 EAGLE ST NW ANDOVER MN 55304 PIN: 273224110005 SHOBERG KURT A & CARMEN K 14824 JAY ST NW ANDOVER MN 55304 PIN: 273224110006 BULVER SARAH J & WILLIAM D 14836 JAY ST NW ANDOVER MN 55304 PIN: 273224110007 SCHOMMER JAMES B & THERESA J 14848 JAY ST NW ANDOVER MN 55304 PIN:273224110008 JACOBSON TIMOTHY R & LINETTE G 1771 148TH LN NW ANDOVER MN 55304 PIN: 273224110009 TACHENY PAUL L & MICHELE M 1759 148TH LN NW ANDOVER MN 55304 PIN:273224110010 SKINNER JAMES C & CONNIE L 1747 148TH LN NW ANDOVER MN 55304 PIN: 273224110011 WAGNER R E JR & JANES M M 1735 148TH LN NW ANDOVER MN 55304 . , , / PIN: 273224110012 ROCKSTAD JAMES A JR & JILL M 1717 148TH LN NW ANDOVER MN 55304 PIN: 273224110013 HAZLEDINE JIM R & CARLA M 1705 148TH LN NW ANDOVER MN 55304 PIN: 273224110014 QUAMMEN TERRY D & KAREN R 1693 148TH LN NW ANDOVER MN 55304 PIN: 273224110015 PETERSON JEFFREY T & MALSOM M 1681 148TH LN NW ANDOVER MN 55304 PIN: 273224110016 LINDAMAN TRENT R & SARA D 1669 148TH LN NW ANDOVER MN 55304 PIN: 273224110017 METIY JOHN T & ANGELA M 1657 148TH LN NW ANDOVER MN 55304 PIN: 273224110018 POETSCH KEITH P & CHRISTINE M 1645 148TH LN NW ANDOVER MN 55304 PIN: 273224110019 STEINMETZ MICHAEL G & DAWN M 1629 148TH LN NW ANDOVER MN 55304 , , ) 273224110020 VONDALL TROY & GROSS CHRISTINE 1758 148TH LN NW ANDOVER MN 55304 PIN: 273224110021 NEINABER CURTIS B & SUSAN M 1746 148TH LN NW ANDOVER MN 55304 PIN: 273224110022 LANE WILLIAM E & LORALY A 1734 148TH LN NW F"")OVER MN 55304 ,_J PIN: 273224110023 KRONE BRIAN 0 & VALERIE J 1720 148TH LN NW ANDOVER MN 55304 PIN: 273224110024 SVENSSON MICHAEL E 1708 148TH LN NW ANDOVER MN 55304 PIN: 273224110025 TOUTLOFF ROGER A & JENNIFER A 1696 148TH LN NW ANDOVER MN 55304 PIN: 273224110026 LUNDBORG MARK 0 & REBECCA J 1684 148TH LN NW ANDOVER MN 55304 PIN: 273224110027 LEVASSEUR VICKI H 1672 148TH LN NW ANDOVER MN 55304 PIN:273224110028 BALLSTADT DONALD E & CAROLYN M 1660 148TH LN NW ANDOVER MN 55304 PIN: 273224110029 KERMODE JANE M & DAVID 1659 148TH AVE NW ANDOVER MN 55304 PIN: 273224110030 CHIODO DONALD R & LIBBEY E 1671 148TH AVE NW ANDOVER MN 55304 PIN: 273224110031 DAGOSTINO J & YSTEBOE M 1683 148TH AVE NW ANDOVER MN 55304 - J PII~: 273224110032 NIEMANN ROBERT 0 & BRENDA J 1695 148TH AVE NW ANDOVER MN 55304 PIN: 273224110033 AGUILAR PHILIP G & SUSAN K 1707 148TH AVE NW ANDOVER MN 55304 PIN: 273224110034 HOCH ELLERY A & LORIANN M 1719 148TH AVE NW ANDOVER MN 55304 PIN: 273224110035 BOLIN SHELDON R & KRISTIN J A 1733 148TH AVE NW ANDOVER MN 55304 PIN: 273224110036 RAFFERTY KELLY M & ANGELA C 1745 148TH AVE NW ANDOVER MN 55304 PIN: 273224110037 KJELSTAD T J & MONE'ITE S L 1757 148TH AVE NW ANDOVER MN 55304 PIN: 273224110061 PETERSON CHESTER W & MARY E 14833 GROUSE ST NW ANDOVER MN 55304 PIN: 273224110062 POIRIER WILLIAM J & KATHLEEN K 14821 GROUSE ST NW ANDOVER MN 55304 - -': 273224110074 fu~boVER CI'IY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN: 273224120012 ANDOVER CI'IY OF 1685 CROSSTOWN BD NW ANDOVER MN 55304 . .. ., ........ ..".... ~ I. """... I I'VII< 1,J,J-0:;7C") IU:blc:'c:'.)ctl';:j PAGE: 02 _0" :J\.\f\, ;~ . ;.., .'. '. CITY of ANDOVER Property Address VARIANCE REQUEST rORM AN'DO~ El-EMENTA1<.'\' Sq..-\-OOl.. \49&:;;0 \-\-ANSON 81-'10. N.W. ~ '..' ..: ... Legal Description of property: (Fill in whichever is appropriate): Lot Block Addition Pl(if metes :~~c~~unds, ati~~h ~~;e2~~~te~~~[;9~ir2 444 0004... ----------------------------------------------------------------- Description of Request l. AGGrREG.ct:rE '5\GNAC:7E. 'SCX"AR'C. '1=OOTf\c:.t:: EXCEED5 100 S.'F. '2. IND\'l\t>UAL. SIbt-1 ~G.\)ARc F-OOTAGS E~(..EEDS ~2. c;,F. l '2 S\G."S I1+\JS) Specific Hardship ~\C.T ~~\C.lnletN ()'F 01<O\t;..l~NC.E \$ m~ROPR\ATE " FOR. NEED OF PU9L\C. Sc..\-\oOL TO '~FDRM c.otv'\~\J~ \\"'( Of: J ~C:T\'lrTlcS A-ND Be' IER OeF\~'C Nt;'N P\JS\...\c. EN"Tl<.'{. Section of Ordinance Current Zoning Re"lt)E.~^L- ----------------------------------------------------------------- Name of Applicant ''''D ~CHQOl- D\~. NO.,\; MR. D\l.~ N'<8c~\<. Address 1l'2QQ HANSON BLVD, ~.'I-l, ) COON RApIDS Bo.. Phone ~ All' usiness Phone 3'2'2 - r;s 2t; Signature _ ~ Date c.r-f-'J~ !.' \ --------------------------~----------*-------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business phone Signature Date ----------------------------------------------------------------- , / 1..J..J-U.:1C,-.J IU;CJ.C::::>C:;)..)CC=' t"H\:lt::W VARIANCE PAGE 2 '\ ) The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existLng structures within 100 feet. 2. Application Fee: Single Family Other Requests - $ 75.00 $100.00 Date paid \J L~Pt I Rev. 1-07-92:d'A S-23-94:bh Res. 179-91 (11-05-91) CRITBRIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the planning and Zoning Commission, and: , / 1. If the request is in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. \ ,I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7, 1996 DATE AGENDA SECTION t\O. Non-Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t\O. Amend Ordinance No.8, Sections 3.02, 4.18, 4.20 & 6.02 \,1 Related to Planned Unit Dev. \. Planning ~ David L. Carlberg Planning Director BY: The City Council is asked to review and approve the attached amendment to Ordinance No.8, Sections 3.02, 4.18, 4.20 & 6.02 related to Planned Unit Developments. The proposed amendment must be approved in conjunction with the approval of Ordinance 112, An Ordinance Regulating Planned Unit Developments, which is the next item on the Council agenda. \ j The Planning and Zoning Commission reviewed the amendment on April 9, 1996 and recommends to the City Council approval of the attached amendment. Please consult the staff report and the minutes from the April 9, 1996, Planning and Zoning Commission meeting. \ , / MOTION BY: SECOND BY: , J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: Section 3.02 Definitions Density Zoning: Density zoning shall be interpreted to mean the permission of lower density (lot areas) standards under conditions whereby the number of dwelling units permitted is not greater than permitted by the application of the regular provisions of the Zoning District, but with all land excluded from the lot area requirements added onto public or semi-public open space (park, playground, school site, walkway or other approved open space. The City Council may increase the density under the application and provisions of Ordinance No. 112. An Ordinance Regulating Planned , ) Unit Developments. Planned Unit Development: :\n urBan development A development having two (2) or more principal uses or structures on a single lot or parcel of land and developed according to an approved plan. Planned Unit Developments shall include all de';elopmems haviRg two (2) or more priReipalHses or structures OR a siBgle parcel of land which shall iBeIude townhouses, mobile homes, modHlar homes, single and two family homes, apartment projects involving more than one (1) building, residential subdivisions submitted under "density zoning" provisions, multi-use structures, such as an apartment building with retail at ground floor level, charefies and church schools, schools, iBdustrial complexes, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. Section 4.18 Planned Unit Developments Delete entire Section and replace with the following: Shall be regulated as specified in Ordinance No. 112, An Ordinance Regulating Planned Unit Developments (PUD). ~/ " ) Page Two Amend Ordinance No.8, Sections 3.02, 4.18, 4.20 and 6.02 May 7,1996 Section 4.20 Density Zoning Single-family homes may be excluded from lot area and setback requirements provided a Special Use Permit is issued under the terms and requirements of this Ordinance and Ordinance No 112 An Ordinance Regulating Planned Unit Developments. In the alternative, the City Council may require all land so excluded from the lot area to remain in private ownership as provided in Ordinance No 112. An Ordinance Regulating Planned Unit Developments. , but require the OWfler to record restrictive coyeaaFlts, in favor of the City '",hich prohibit the development of such property UIltil such time as public utilities are a':ailable. \ ) Section 6.02 Minimum District Requirements All references to Planned Unit Development shall be deleted from this Section including the minimum requirements regulated by Planned Unit Development in the R-4 and R-5 Districts as indicated by a * symbol. NOTE: All other Sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover this 7th day of May , 1996. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk \ " Regular Andover Planning and Zoning Commission Meeting Minutes - April 9, 1996 Page 3 , I / (Public Hearing: Special Use Permit - Institutional Elmementary School, Continued) Commissioner Luedtke was concerned with how far the s' n will be set back from the road, as the structure itself would b. high enough to block the line of sight. Mr. Carlberg stated it w' 1 be 10 feet from the property line. The Andover p'c de'" ColftlRittce- '11 be reviewing the sight triangle and other requir~ents before ins allation. f\."'~. MOTION by Barry, Seconded by Wells, to open t e public hearing. Motion carried on a 6-Yes, I-Absent (Apel) vote. .32 p.m. Mark Ha es ATS & R Architectural firm or the school - explained with the new addition to the school, there as concern with focusing on the main entrance to the site. The mai office will be relocated from th~ southern portion of the existing b ~lding to a central area between the original and the new buildings. A new entry has been constructed in that central area, plus one t the north which is more for staff and community education. The fr -standing colonnade was designed to draw attention to what will now be the main entry for anyone coming from either Crosstown Boulevar or Hanson Boulevard. MOTION by Putnam, Motion carried on Se nded by Luedtke, to close the public hearing. -Yes, I-Absent (Apel) vote. 7:36 p.m. ) The Commission g erally agreed with the proposal, that the colonnade is appropriate to void confusion and that the signage is not excessive. MOTION by ells, Seconded by Barry, to forward to the City Council approval Eor the s~gnage as well as variances as stated in the applica ~on. Motion carried on a 6-Yes, I-Absent (Apel) vote. This will be ed on the May 7, 1996, City Council agenda. suggested the Commi!?si.. __ .a~ .the institutional r. - Carlberg stated Staff will lOOK a.t t.a -; PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTIONS 3.02, 6.02, 4.18 AND 4.20 RELATED TO PLANNED UNIT DEVELOPMENTS 7:42 p.m. Mr. Carlberg explained this item was tabled to allow Staff to readvertise and include a change to the chart in Section 6.02 of Ordinance No.8. No other changes have been made. Section 6.02 was changed to eliminate any reference to minimu~ requirements in Planned Unit Developments in the R-4 and R-S districts. Other ordinance minimum requirements will apply such as septic systems, building pads, etc., when development is done under a PUD. The proposed Ordinance 112 does allow up to a 20 percent increase in density based on certain criteria, 'chat is a 5 percent increase for each of the four criteria listed in J that ordinance. Regular Minutes Page 4 Andover Planning and Zoning Commission Meeting - April 9, 1996 " ( / (Public Hearing: Amend Oridnance No.8, Sections 3.02, 6.02, 4.18 and 4.20, Planned Unit Developments, Continued) MOTION by Wells, Motion carried on public testimony. Seconded by Luedtke, to open the public hearing. a 6-Yes, 1-Absent (Apel) vote. 7:45 p.m. There was no MOTION by Barry, Seconded by Putnam, to close Motion carried on a 6-Yes, 1-Absent (Apel) vote. the public hearing. 7:45 p.m. The Commission agreed to discuss the next agenda item, the proposed Ordinance 112 for Planned Unit Developments, before acting on this item. DISCUSSION: ORDINANCE NO. 112, AN ORDINANCE REGULATING PLANNED UNIT DEVELOPMENTS Mr. Carlberg reviewed the update to the proposed ordinance since th~ last meeting: Page 3, Section 4, was reviewed by legal counsel, who recommended no change. Page 5, Items 10 and 11 have been written to require all city utilities to be designed, installed and maintained by the City in conformance with all Cicy standards and practices. The concern of Public Works and the City Engineer was that of responsibility if there are private associations and private sewer and water systems in I the planned unit developments. As proposed, the City would maintain / those systems as it does throughout the rest of the City. This specifically refers to the municipal systems, not private septic systems. Discussion was on the issue of density. Mr. Carlberg noted as written, the City Council would have total discretion over the density, up to a maximum 20 percent increase based on the four criteria outlined under Item 8. The ordinance allows a lot of flexibility and ability to negotiate with the developer in these developments. Chairperson Squires noted this can be a good tool, but it can also create a lot of discontent among the residents who have moved to the City with a good understanding of what will happen in the surrounding area only to find out there was an underlying PUD in that area that proposed something entirely different. People making inquires about the zoning of properties surrounding an area they are considering to live should b~ made aware of any proposed PUD plans so they are not surprised by what takes place after they move in. Commissioner Wells was concerned with the issue of notification of only 350 feet in the R-l districts. With lots frontages of 300 feet, very few people who are affected receive official notification of public hearings. She hoped to see that 350-foot requirement increased, especially in the rural area. Mr. Carlberg explained the City is legally required to notify property owners within 350 feet. Any further \ area included in the notification would be arbitrarv. Notices are also ) placed in the Anoka Union, plus he has found that the word does spread throughout neighborhoods so people are made aware of any proposal. Also, Staff often holds informational neighborhood meetings. Regular Andover Planning and Zoning Commission Meeting Minutes - April 9, 1996 Page 5 / {Discussion: Ordinance No. 112, An Ordinance Regulating Planned Unit Developments, Continued} Chairperson Squires agreed the issue is how far to notify people. Notification could be a tremendous burden for the Staff. That issue should be considered at another time rather than in this particular ordinance. In other discussion, Mr. Carlberg noted there is considerable reference to the platting ordinance. He felt this type of development will be more popular in the urban area, as the developers are saying 2 1/2-acre lots are easier to market than one-acre lots. Commissioner Peek asked what would happen to a planned unit development of clustered housing in a rural area when city utilities come through. Does the PUD become null and void? Mr. Carlberg stated the covenant for the PUD would be in place and would stay in place unless the people want to change it. It takes 51 percent of the people in the area to release that covenant. A concern of the people buying those lots will be if the open space will be preserved indefinitely or will it be allowed to develop in the future. Normally covenants are determined between th~ buyers and the developers; however, the development agreement with the City often includes those same things. ) MOTION by Peek, Seconded_ by Wells, to forward to the Andover City Council the recommendations for approval for Ordinance No.8, Section 3.02, 4.18, 4.20 and 6.02 as presented by Staff and Ordinance No. J12 as presented by Staff with the recommendation for approval. A public hearing was held and there was absolutely no comment. Motion carried on a 6-Yes, 1-Absent (Apel) vote. OTHER BUSINESS Mr. Carlberg updated the Commission on the actions of the City Council at their April 2, 1996, regular meeting. There was also a discussion on the role of the Commission as advisors to the Council and the need to consider applications based on the ordinances or City policy and what is in the best interest of the City rather than from a personal standpoint. Respecting the opinions of others was also stressed. MOTION by Wells, Seconded by Putnam, to adjourn. Motion carried on a 6- Yes, 1-Absent (Apel) vote. The meeting was adjourned at 8:23 p.m. )~~~ M~~c~la A. Peach, Recording Secretary " . _J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION April 9, 1996 DATE AGENDA ITEM 5. Public Hearing: Amend Ordinanc No.8, Sections 3.02, 4.18,4.20 & 6. ~2 Planned Unit Development Ord. ORIGINATING DEPARTMENT Planning David L. Carlberg Planning Director APPROVED FOR AGENDA BY: .y~ The Planning and Zoning Commission tabled this item at the March 26, 1996 meeting to allow staff to respond to the comments and concerns of the Commission as stated in the attached minutes from the March 26, 1996 meeting. The Commission is again asked to review an amendment to Ordinance No.8, Sections 3.02, 4.18, 4.20 and 6.02. Said amendment to these sections are related to the proposed Ordinance No. 112, An Ordinance Regulating Planned Unit Developments (PUDs), which is the next item on the agenda. The Planning and Zoning Commission is asked to hold a public hearing on the proposed amendment to Ordinance No.8, the Zoning Ordinance. Staff , readvertised the public hearing to include the amendment to Section 6.02 as ) requested by the Commission at the March 26, 1996 meeting. ... \ ) ; CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: Section 3.02 Definitions Density Zoning: Density zoning shall be interpreted to mean the permission oflower density (lot areas) standards under conditions whereby the number of dwelling units permitted is not greater than permitted by the application of the regular provisions of the Zoning District, but with all land excluded from the lot area requirements added onto public or semi-public open space (park, playground, school site, walkway or other approved open space. The City Council may increase the density under the application and provisions of Ordinance No. 112. An Ordinance Regulating Planned Unit Developments. '. J Planned Unit Development: .^.R urBan deyelopHleRt A development having two (2) or more principal uses or structures on a single lot or parcel ofland and developed according to an approved plan. Planned Unit Developments shall include all clevelopmcRts havin;; two (2) or more principal uses or strnetures OR a single parcel of land 'ShieR shall include townhouses, mobile homes, modtllar flomes, single and two family homes, apartment projects involving more than one (1) building, residential subdivisions submitted under "density zoning" provisions, multi-use structures, such as an apartment building with retail at ground floor level, churches and church schools, schools, industrial ~mple~[es, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. Section 4.18 Planned Unit Developments Delete entire Section and replace with the following: Shall be regulated as specified in Ordinance No. 112. An Ordinance Regulating Planned Unit Developments (?UD). \ ) / Page Two Amend Ordinance No.8 Planning and Zoning Commission Meeting March 26, 1996 Section 4.20 Density Zoning Single-family homes may be excluded from lot area and setback requirements provided a Special Use Permit is issued under the terms and requirements of this Ordinance and Ordinance No. 112. An Ordinance Re~latin~ Planned Unit Developments. In the alternative, the City Council may require all land so excluded from the lot area to remain in private ownership as provided in Ordinance No. 112. An Ordinance Re~latin~ Planned Unit Developments. , but req\:lire the owner to reeord restrietive eo\'enams, iB favor of the City which prohibit the developmeFlt of such property 1H'ltil sueh time as pHblie utilities are a'lailable. 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I I 0 C> o 1 I I 1 I I , I I , I , I I '" C> ... = .. z .. = c = :or 1". o C .. '" PI = PI Z "I fA '" ... '" ... '" W '" .. '" U'l = ... = ... a '" t" III Z III en n Cl III .. \ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEBTING - MARCH 26, ~996 JIINUTBS The Regular Bi-Monthly Meeting. of the Andover Planning and Zoning',', Commission was called to order by Chairperson Jay Squires on March 26, 1996, 7:00 p.m. at the Andover City"Hall, 1685 Crosstown Boulevard NW,. Andover, Minnesota. Commissioners present: Maynard Apel, Lynette Berry, Jeffrey Luedtke, J~rry Putnam, Lorna Wells Randy Peek City Planning, Jeff Johnson City Planning Director, David Carlberg Others Commissioner absent: Also present: APPROVAL OF MINUTES March 12, 1996: Page 1, Correct Commissioners present: "Jerry Putnam". MOTION by Luedtke, Seconded by Berry, to approve the Minutes as changed. Motion carried on a 5-Yes, 1-Present (Apel), l-Absent (Peek) vote. \ J . PUBLIC HEARING: DEVELOPMENTS AMEND ORDINANCE NO.8, SECTION 4. ~ 8, PLANNED UNIT. 7:02 p.m. Mr. Carlberg explained the hearing is to amend Ordinance 8, Sections 3.02, Definitions; 4.18, Planned Unit Developments; and 4.20,' Density Zoning, in conjunction with the proposed new Ordinance No. 112 regulating PODs. He also asked the Commission to discuss the minimum'. lot size requirements for PODs in the R-4 and R-5 zoning districts which' are currently in Ordinance 8, Section 6.02. Should the City leave those minimums, take them out and let the developer propose minimum lot sizes, or add minimums for the R-1, R-2, and R-3 zones as well. Mr. Carlberg' explained the amendments to the sections in Ordinance 8 are housekeeping to correlate with tae proposed POD Ordinance., Page 5 of the proposed Ordinance 112, Section 11, b, requires maintenance and cleaning to be the responsibility of the property owners' association or owner. Public Works is reviewing that section to be sure there will be no problem with the City being able to maintain the sewer lines. That issue has not yet, been resolved. This ordinance also depends on the platting and subdividing ordinance procedure for developmen~. The City attorney has not reviewed the proposals. Chairperson Squires noted there . are specific regulations and requiJ,:'ements covering common areas and restrictive covenants, and he felt it would make sense to be sure what the City is requiring is 'consistent with those regulations. He specifically related to the items /unde~ c. on Page 3. Mr. Carlberg stated he will have legal counsel review that section. Regular Andover Planning and Zoning Commission Meeting Minutes - Maarch 26, 1996 Page 2 j (Public Hearing: Amend Ordinance 8, PUDs, Continued) MOTION by Berry, Seconded by Wells, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Peek) vote. 7:12 p.m. Bvron Westlund. Woodland Develooment Corooration - stated they reviewed the ordinance and feel it would be workable with the City. They are in favor of it as proposed. They have done PUDs in Oak Grove and Ham Lake, and it has worked out very well. Commissioner Apel asked his opinion of requiring minimum lot sizes in the zoning districts. Mr. Westlund - stated their units are larger, so that is not a problem. In other communities, the minimum lot size is based on the livability requirements. The footprint of the building includes a primary septic system and an alternate. The 39,000 square-foot code is adequate and is a good size for a house plus a primary and alternate septic system. In the condominium approach, they could sell the footprint of the building. People buy the building and the rest is common space that is taken care of by the association. That is how they have developed Majestic Oaks in Ham Lake, and that has been very successful. All of their PODs in Ham Lake and Oak Grove have been in rural areas with septic systems. By requiring a minimum lot size, such as one acre in the rural area, that kind of development is eliminated. Many people do not want to take care - -.of anything other than the building itself. People are looking at '~ /different amenities, and the open spaces do draw clientele. There are - no maintenance problems by the associations. The most difficult is keeping the dues realistic, covering the start-up costs, and having an amount reserved for emergency situations. MOTION by Putnam, Seconded by Luedtke, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Peek) vote. 7:25 p.m. Commissioner Apel felt the minimum lot size issue should become part of the contract in the negotiations between the developer and the City. Some may want a minimum lot size, but it is easier to go with the condominium concept, which is used often. Mr. Carlberg wondered if there would be a legal issue with negotiating a POD with minimums that are less than the ordinance now requires for Zones R-4 and R-5. He again noted the purpose of allowing PODs is to preserve some natural amenity on the property. The intent is not to cram as many lots as possible on a parcel. Commissioner Wells stated she would like to see some minimum in the rural areas, to stay within the 39,000 square feet, because of the well and septic systems. Commissioner Apel argued in order for developers to take advan~age of the POD option and to save open spaces, there must be a list of trade offs. Mr. Westlund stated otherwise a portion of the market is eliminated. The size requirements vary among cities. Some are 10,000 square feet; -,some 20,000, and some 30,000 square feet. Commissioner Putnam wanted to ~e careful not to eliminate the types of legal ownerships available to /builders and developers. In discussing the options further, Chairperson Squires asked if there are other City ordinances that would dictate defacto minimum lot sizes if they are not specifically stated in the Regular Andover Planning and Zoning Commission Meeting Minutes - Maarch 26, 1996 Page 3 ~( . Publ~c 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 t..:> 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 PUD 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 /:ommission hears this again. MOTION by Wells, Seconded by Berry, to table this subj ect to legal review and renotification for a public hearing for Section 6.02. Motion carried on a 6-Yes, 1-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, 1-Absent (Peek) vote. . PUBLIC HEARING: ANTENNA/TOWER REGULATION ORDINANCE 7:54 p.m. Mr. Johnson reviewed the impetus for the proposed ordinance '~nd 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. \ / CITY of ANDOVER 1685 CROSSTOWN BOULEVAR'D N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday April 9, 1996 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review an amendment to Ordinance No.8, the Zoning Ordinance, Sections 3.02, 6.02, 4.18 and ' 4.20. Said amendment relates to Planned Unit Developments and Density Zoning. All ;':,;:!:::n and verbal comments will be received at that time and location. "~I / A copy of the application will be available at the Andover City Hall for review prior to said meeting. ~bL Victoria V olk. City Clerk Publication dates: March 29,1996 Apri15,1996 ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 7, 1996 DATE Mining Permit Extension 2855 161st Avenue NW Jim Green ORIGINATING DEPARTMENT Planning ~ <.- David L. Carlberg Planning Director BY: AGENDA SECTION ton N-- Discussion Item APPROVED FOR AGENDA ITEM ton \5, J , , J Request The City Council is asked to review the request of Jim Green to extend his mining permit for one year on the property located at 2855 161st Avenue NW. Background Mr. Green was granted a Special Use Permit for a mining permit on May 3, 1994 to mine 31,000 cubic yards of common granular material. As a condition of the approval of the Special Use Permit, Mr. Green could request a one year extension of the permit (see Resolution 082-94). Mr. Green on April 18, 1995 requested and was granted a one year extension by the City Council to extend the permit to May 3, 1996 (see Resolution 058-95). Mr. Green has now made the request to extend his permit for an additional year (letter attached). This request is being made to allow Forest Lake Contracting to remove the remaining material, not to exceed 31,000 cubic yards and in accordance with the approved grading plan, for the Foley Boulevard/Highway 10 improvement project. Council Options 1. Approve the extension of the mining permit for one year only as requested. Staff will prepare a resolution to that affect if directed by the Council. 2. Require Mr. Green to apply for an Amended Special Use Permit for a mining permit ifhe wishes to extend the mining activities on the site. MOTION BY: SECOND BY: , ,J " DATE: April 29, 1996 TO: city of Andover I, James J. Green, Jr., request that the City of Andover extend my mining permit at 2855 161st Avenue NW, Andover, for the period of one year. Forest Lake Contractors has bought the dirt. They believe it will all be hauled out this summer, but their contract was a one-year contract. The dirt will be going to Highway 10 and Foley Blvd. They believe they will be done with my dirt this summer. J , ) CITY OF ANDOVER 1?3,J.';>'{.P(t(.ObO) STi~~N~~ ~iN~~~~*A , ~-OOO2-- ,. ~ ) .......- RES. NO. R 058-95 A RESOLUTION GRANTING THE REQUEST OF JIM GREEN TO EXTEND THE SPECIAL USE PERMIT FOR A MINING PERMIT FOR ONE YEAR TO ALLOW FOR THE CONTINUATION OF MINING ACTIVITIES ON THE PROPERTY LOCATED AT 2855 161ST AVENUE NW, LEGALLY DESCRIBED BELOW. WHEREAS, Jim Green was granted a Special Use Permit for a mining permit by the City Council on May 3, 1994 to mine 31,000 cubic yards of dirt on the property located at 2855 161st Avenue NW, legally described as follows: The East Half of the Southeast Quarter of the Northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota; Except Road; Subject to Easements of Record; and WHEREAS, Resolution R082-94 approving the Special Use Permit for a mining permit on said property provided a condition that would allow Mr. Green to request an extension if there were no problems during the one year period of the mining activities. WHEREAS, the City has not received any complaints and is not aware of any problems regarding the mining activities on said property. J NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants a one year extension of the Special Use Permit for a mining permit on said property with the following conditions: 1. Conditions 1-11 of Resolution R082-94 adopted by the City Council on May 3, 1994 shall be in full effect and continued for the one year extension period. 2. The extension of the Special Use Permit for a mining permit is for one year only and shall expire on May 3, 1996. Adopted by the City Council of the City of Andover on this 18th day of April, 1995. CITY OF ANDOVER ATTEST: A ," .~ '.// tj. . f. )l!c/ g-<'t.'-"~ }J. E. McKelvey,~ayor ~tfd Vlctorla Volk, City Clerk " ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~ RES. NO. R082-94 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUESTED BY JIM GREEN TO MINE SOIL FROM THE PROPERTY LOCATED AT 2855 161ST AVENUE NW, LEGALLY DESCRIBED BELOW AS REQUIRED PER ORDINANCE 8, SECTION 4.24. WHEREAS, pursuant to published and mailed notice, the Planning and Zoning Commission has conducted a public hearing and reviewed the request of Jim Green to mine soil on the following described property: The East Half of the Southeast Quarter of the Northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota; Except Road; Subject to Easements of Record; and WHEREAS, the Special Use Permit has been reviewed by City Staff; and WHEREAS, the Planning and Zoning Commission has reviewed the request and recommends to the City Council approval of the Special Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit to / conduct mining activities on said property with the following conditions: 1. Safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders, snowmobilers, etc. , J 2. The applicant shall provide the City with a security bond for restoration of the site as determined by City Engineer. 3. Signs b~ placed on both sides of the driveway at 161st Avenue NW (County Road No. 20) indicating trucks hauling. 4. The applicant is requested to make reasonable use of the property without altering the topography greatly. 5. Watering the roadway to control dust at dry times and to keep County Road No. 20 clean of debris and fill after hauling hours each day. 6. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 P.M. and saturdays, 8:00 A.M. until 4:00 P.M. 7. The applicant is required to restore the banks of the mined area after the area has been excavated using an approved topsoil, seed, and/or vegetation or brush to establish erosion control. Page Two Resolution SUP - Mining J 2855 161st Avenue NW Jim Green 8. Obtaining all necessary permits from the DNR, U.S. Army Corps of Engineers, the Watershed Organization, and any other agency which may be interested in the site. 9. The finished grade shall comply with the finished grading plan on file with the City. The grading plan shall be adhered to and not adversely affect the adjacent land. 10. Haul routes for removing dirt from the project will be 161st Avenue NW (Co. Rd. 20). 11. This Special Use Permit is for a maximum of 31,000 cubic yards of dirt. 12. This permit is for a period of one year. An extension can be requested and would be approved by Council if there are no problems. '\ ) the the NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of City of Andover that the Planning and zoning Commission finds following: 1. There was a public hearing and the concerns of the residents were addressed. 2. The proposal will have no significant negative impact on the health, morals and general welfare of the community. 3. The proposal will not have a significant impact on existing traffic conditions. 4. The proposal will have no significant negative impact on property values in the area. 5. The proposal will have no significant negative impact on the Comprehensive Plan. Adopted by the City Council of the City of Andover this 3rd day of May , 1994. CITY OF ANDOVER ATTEST: ayor ; ~I!~ Victoria Volk, City Clerk Regular Andover City Council Meeting ,Minutes - April 18, 1995 ) Page 5 (Special Use Permit/Kennel License/16157 Ha~son Blvd NW, Continued) ./ ./ MOTION by Knight, Seconded by Jacobsop./ the Resolution approving the Special Use Permit as presented. /See Resolution R056-95) Motion carried unanimously. // / VARIANCE AND RELOCATION O~~TRUCTURE/3123 173RD LANE NW Mr. Carlberg gave an o~;view of the variance and relocation requests of Jeff and Juanita T~son to move a house from the future middle school site to propert~her own at 3123 173rd Lane NW and to reside in the existing manufactured home on the property for 120 days while the house is being co eted. Seconded by Kunza, the Resolution presented (See approving th-=-__~ariance-r-eqttest)---Motion carried --- y Knight, Reso ion R057-95 u~n1mously. - ------ ----- C~NING PERMIT EXTENSION/2855 "'ST AVENUE Nfl : ) MOTION by Jaco~son, Second:d by Dehn., .the Resc:>lution as presented to !~~ extend the Spec~al Use Perm~t for a m~n~ng perm~t for one year to allow 1 for the continuation of mining activities at 2855 161st Avenue NW to expire on May 3, 1996. (See Resolution R058-95) Motion carried I unanimously. ~- -, APPROVE ORDINJiN~E 8 AMENDMENTS/QRIllNANCE-53--AMENDMENTjDOG-oRDINANCE Mr. arlberg reviewed the proposed amendments to Ordinance 8, Section 3.02, efinitions to add the definitions of commercial and private kennels the Zoning Ordinance and an amendment to Section 7.03 to add commercial og kennels as a Special Use in the R-1 District only. Private dog II:: nels would no longer need a Special Use Permit. The Special Use Perm~ approved earlier this evening came under the existing ordinance. Vicki Ha en 16157 Hans Boulevard - thought that someone on Staff should have known about this roposed ordinance and informed her so she would not have had to spend t money to obtain a Special Use Permit. Mr. Carlberg explained approval the Council for a private kennel license will still be required; on the Special Use Permit will no longer be required. Ms. Hagen will s '11 be required to obtain an annual kennel license. The guidelines unde the existing ordinance were followed for Ms. Hagen. If these changes are a oved tonight, they will \ not become effective until they are published. , / Councilmember Jacobson suggested if these proposals are adopted that another amendment be added to allow private dog kennels in the R-1 district only. That would assist in clarifying the distinction between a private and commercial dog kennel. Mr. Carlberg agreed. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1995 AGENDA ro SEcnON ORIGINATING DEPARTMENT Mining Permit Extension 2855 l61st Ave NW Jim Green Planning ~ David L. Carlberg Planning Director APPROVED FOR AGENDA n;O:::r'lIo:::o:::;nn Tt..mo::: ITEM ro BY: REQUEST The City Council is asked to review and approve the request of Jim Green to extend his mining permit for one year on the property located at 2855 l6lst Avenue NW. BACKGROUND Mr. Green was granted a Special Use Permit for a mining permit , by the City Council on May 3, 1994. Attached is the ) resolution approving the mining permit for Council review. The Council should note that the permit was issued to mine 31,000 cubic yards of dirt. Mr. Green has not reached that limit, hence the extension request. The Council per condition No. 12 of the resolution has the authority to extend the permit provided there have been no problems. Staff has not received any compliants on the operation to date. Attached for Council approval is a resolution extending the mining permit of Jim Green for one year. " ) MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J RES. NO. R -95 A RESOLUTION GRANTING THE REQUEST OF JIM GREEN TO EXTEND THE SPECIAL USE PERMIT FOR A MINING PERMIT FOR ONE YEAR TO ALLOW FOR THE CONTINUATION OF MINING ACTIVITIES ON THE PROPERTY LOCATED AT 2855 161ST AVENUE NW, LEGALLY DESCRIBED BELOW. WHEREAS, Jim Green was granted a Special Use Permit for a mining permit by the City Council on May 3, 1994 to mine 31,000 cubic yards of dirt on the property located at 2855 161st Avenue NW, legally described as follows: The East Half of the Southeast Quarter of the Northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota; Except Road; Subject to Easements of Record; and WHEREAS, Resolution R082-94 approving the Special Use Permit for a mining permit on said property provided a condition that would allow Mr. Green to request an extension if there were no problems during the one year period of the mining activities. WHEREAS, the City has not received any complaints and is not aware of any problems regarding the mining activities on said property. ~ ~ NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants a one year extension of the Special Use Permit for a mining permit on said property with the following conditions: 1. Conditions 1-11 of Resolution R082-94 adopted by the City Council on May 3, 1994 shall be in full effect and continued for the one year extension period. 2. The extension of the Special Use Permit for a mining permit is for one year only and shall expire on May 3, 1996. Adopted by the City Council of the city of Andover on this 18th day of April, 1995. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victorla Volk, City Clerk ~ , _J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R082-94 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUESTED BY JIM GREEN TO MINE SOIL FROM THE PROPERTY LOCATED AT 2855 l61ST AVENUE NW, LEGALLY DESCRIBED BELOW AS REQUIRED PER ORDINANCE 8, SECTION 4.24. WHEREAS, pursuant to published and mailed notice, the Planning and Zoning Commission has conducted a public hearing and reviewed the request of Jim Green to mine soil on the following described property: The East Half of the Southeast Quarter of the Northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota; Except Road; Subject to Easements of Record; and WHEREAS, the Special Use Permit has been reviewed by City Staff; and WHEREAS, the Planning and Zoning Commission has reviewed the request and recommends to the City Council approval of the Special Use Permit. J NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit to conduct mining activities on said property with the following conditions: 1. Safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders, snowmobilers, etc. 2. The applicant shall provide the City with a security bond for restoration of the site as determined by City Engineer. \ ; 3. Signs be placed on both sides of the driveway at 161st Avenue NW (County Road No. 20) indicating trucks hauling. 4. The applicant is requested to make reasonable use of the property without altering the topography greatly. 5. Watering the roadway to control dust at dry times and to keep County Road No. 20 clean of debris and fill after hauling hours each day. 6. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. until 4:00 P.M. 7. The applicant is required to restore the banks of the mined area after the area has been excavated using an approved topsoil, seed, and/or vegetation or brush to establish erosion control. '- Page Two Resolution SUP - Mining 2855 161st Avenue NW Jim Green 8. Obtaining all necessary permits from the DNR, U.S. Army Corps of Engineers, the Watershed Organization, and any other agency which may be interested in the site. 9. The finished grade shall comply with the finished grading plan on file with the City. The grading plan shall be adhered to and not adversely affect the adjacent land. 10. Haul routes for removing dirt from the project will be 161st Avenue NW (Co. Rd. 20). 11. This Special Use Permit is for a maximum of 31,000 cubic yards of dirt. 12. This permit is for a period of one year. An extension can be requested and would be approved by Council if there are no problems. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Andover that the Planning and zoning Commission finds J the following: 1. There was a public hearing and the concerns of the residents were addressed. 2. The proposal will have no significant negative impact on the health, morals and general welfare of the community. 3. The proposal will not have a significant impact on existing traffic conditions. 4. The proposal will have no significant negative impact on property values in the area. 5. The proposal will have no significant negative impact on the Comprehensive Plan. Adopted by the City Council of the City of Andover this 3rd day of May , 1994. CITY OF ANDOVER ATTEST: \ ) ~tI~ Victor1a Volk, City Clerk Regular Andover City Council Meeting Minutes - May 5, 1994 ( "Page 3 . '-/' (Special Use Permit/Constance Evangelical Free Church, Continued) MOTION by Perry, Seconded by Jacobson, the Resolution with two changes: The first being to Number 3 -that the two structures shown on the plan can remain as long as are upgraded to meet all applicable City and State requireme or permanent structure status. And in Number 5, that there a public hearing, and the public concerns were addressed t tha eeting. (See Resolution R081-94) Motion carried unanimously. ~) SPECIAL USE PERMIT/MINING/JIM GREEN Mr. Carlberg reviewed the request of Jim Green for a Special Use Permit to mine a maximum of 31,000 cubic yards of dirt from property at 2855 161st Avenue NW. The Planning and Zoning Commission has reviewed the request and recommended approval. Jim Green - noted the intent is to take down a hill in his back yard and to improve the drainage of the area. He has been the property owner for one year in March. He owns a landscaping business and wants to use this as a showpiece, but no business will be conducted on site. ~-,'~ouncil was concerned with the effect of the mining on nearby neighbors. ~-;/ Because of that, it was suggested the permit be limited to one year. If } there are no problems, it can be renewed for another year. Mr. Green ~would simply have to come before the Council to request that extension. MOTION by McKelvey, Seconded by Knight, the Resolution approving the Special Use Permit at the Green residence; Change Item 12, This permit is for a one-year period. An extension can be requested and would be approved by Council if there are no problems. Change Item 1 under the NOW, THEREFORE, BE IT FURTHER RESOLVED, There was a public hearing and the concerns of the residents were addressed. (See Resolution R082-94) Motion carried unanimously. ~LIsrr~~N~SfSUPE&aM~~TrA -, l Su erAmerica station Bunker Lake and Round Lake Boulevards - expla~ SuperAmerica would like to construct a one- bay car wash onto its station. ey have been advised by Staff that the property is not properly zoned to so. He asked the Council for direction to be able to construct the wash. Of the 12 immediate property owners, all have given consent with exception of one person renting the house. However, the owner of that h use has approved of that proposal. He reviewed the layout of the ca ash behind the existing building, so it will be shielded by the building d the fence. ~ It is about 250 feet from the street to .the proposed entrance-'of._the c<;ir Jwash. About 55 percent of the parcel ~s used; the other 45 percent ~s not occupied, plus the same people own the parcel to the west. '-....H~ argued a car wash would add to the tax base of the City and would add -, another service to the community. The trend is to offer car wash services in gas station facilities. ,~-2--- :b~~Lf'~"~r-II---.'---\.~r":)I-L', j. ~'-', \1 ..: - . ":I~~iU ._..._ ._.___ ~,O:;C"S-"~'-=---T1 - ,~I ~~:~.. ., ." '. 6 ~~ - - ~. ,. . bjl' IL 4[. . 118.: ~_._---- . ~ ::,' , "',". 1~0qr '.1 :~. _' .. ; I j1== L =:E~:cc '\.- " _v-~c~:: ;;;N, .. q ~eg-L,f A. /-,t-~F - . . . .. I "." _c-cs - 2'" , . . " i ~ L' , ! .;...". --.\, 1- '.' d.' ---J-.----lL-__,_z:O-~_ I 'H I ,'~nr..".",,' .,..~ '~'1 ' .. -- -.-. - . ~. ~ .~:\~ES:......,. I ~JPIN;"~' Jf.fZ I w ~~~. 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'" 6 'j' " ~I-- .. '- . '" ~ .::::.--=-'--_ 8 ~I-- " J - --_ .1- ,",: R-I ~NT7Nr;~t.r . rr . ~fC~ATC~ "I . f"'" ;~ADQ ) I"~.' =-- I NIGHr:," ...!...!E::.:. . CITY OF ANDOVER \ REQUEST FOR COUNCIL ACTION May 7, 1996 DATE AGENDA t-O. SECTION Non-discussion Item ORIGINATING DEPARTMENT Planning ~t David L. Carlberg Planning Director APPROVED FOR AGENDA ITEM t-O. Comprehensive Plan Update Metropolitan Council BY: Ii!>. On April 26, 1996, the City received notification from the Metropolitan Council that the sixty (60) day review period has started and will end on June 17, 1996. A decision on the Comprehensive Plan Amendment will be made by that date. Attached for Council review is the letter, dated April 24, 1996 from Tom McElveen, Director of Housing, Development and Implementation, received from the Metropolitan Council on the status of the Comprehensive Plan. , -/ \ ) MOTION BY: SECOND BY: ~ Metropolitan Council n Working for the Region, Planning for the Future , 'J April 24, 1996 RECE /\fED APR 26 1996 CITY OF ANDOVER Mr. Dave Carlberg City of Andover 1685 NW Crosstown Boulevard Andover MN 55304 RE: City of Andover Plan Amendment 1 ,215-Acre MUSA Expansion Metropolitan Council District 9 Metropolitan Council Referral FIle No. 15790-8 Dear Mr. Carlberg: The Metropolitan Council staff has reviewed the additional information submitted by the city and has determined that the comprehensive plan amendment originally submitted on February 20 is now complete for Council review. However, we have also determined that the proposed amendment presents a potential impact on the metropolitan system plans, specifically on the metropolitan sewer system. , A proposed amendment that has a potential impact on metropolitan systems may not be put into effect ) by the local government until the Council review is complete. The law allows the Council 60 days from receipt of the complete amendment to finish its review. If the Council requires a modification to the proposed amendment, the amendment may not be put into effect until the Council has approved the modification. The 60-day review period ends on June 17, 1996. Within that period, Council staff will complete a review of the amendment and forward a copy of the staff report to the city. If you have any questions during the review period, please feel free to contact Richard Thompson, principal reviewer, at 291-6457. S~ Tom McElveen, Director Housing, Development and Implementation TM:ret cc: David Hartley, Metropolitan Council District 9 Lynda Voge, Metropolitan Council Staff Richard Thompson, Metropolitan Council Staff Ruth Ann Sobnosky, MnDOT '\ 'J 230 East Fifth Street St. Paul. Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TIY 291-0904 An Equal Opportwlity Employer Metro Info Une 229-3780 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: May 7, 1996 ORIGINATING DEPARTMENT AGENDA SECTION Non-Discussion/Consent Item Scott Erickson,lI[ Engineering \fJ ITEM NO. Award Bid/96-3/1996 Cracksealing II. The City Council is requested to approve the resolution accepting bids and awarding contract to Daffinson Asphalt Maintenance in the amount of $63,765.00 for the improvement of Project 96-3 for cracksealing. The bids received are as follows: '\ ~ Daffinson Asphalt Maintenance Northwest Asphalt Maintenance Astech Corp. Bergman Companies, Inc. Allied Blacktop Co. $63,765.00 $69,552.90 $70,435.80 $77,106.60 $86,131.80 $78,480.00 Engineer's Estimate The funding for this project is from the sealcoatlcrackseal fund. \, j , , j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 96-3 FOR CRACKSEALlNG . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 061-96 ,dated April 2 ,1996, bids were received, opened and tabulated according to law with results as follows: Daffinson Asphalt Maintenance Northwest Asphalt Maintenance Astech Corp. Bergman Companies, Inc. Allied Blacktop Co. $63,765.00 $69,552.90 $70,435.80 $77,106.60 $86,131.80 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of , Andover to hereby accept the bids as shown to indicate Daffinson Asphalt j Maintenance as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Daffinson Asphalt Maintenance in the amount of $63,765.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember City Council at a reoular meeting this .l!b.- day of Councilmembers and adopted by the Mav ,1996, with voting in favor of voting the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor \ 'J Victoria Volk - City Clerk ..- )~ , en en o III U. o f- o <( a:: I- en III <( f- Z W ~ I- a:: <( a. W 10 ~<.9 z a:: W W z <.9 z W a:: W > o o z <( u. o ~ o "- "J ..- .... o Cl ,!: (ij QI en -'<: u ro U - C QI E QI > ro a. ~ ro ..c a. 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QI a:: -'<: u ro U NM.,fLriCO"": '" o co Ol o Z I- o W ..., o a:: a. a:: o u. ..J ~ o f- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , ) DATE: May 7, 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Award Bid/96-4/1996 Sealcoating I~. Scott Erickson,r/)[ Engineering The City Council is requested to approve the resolution accepting bids and awarding contract to Allied Blacktop Co. in the amount of $198,323.36 for the improvement of Project 96-4 for sealcoating. The bids received are as follows: Allied Blacktop Co. Astech Corp. $198,323.36 $237,556.40 , / Engineer's Estimate $220,593.50 The funding for this project is from the sealcoatlcrackseal fund. . "- " J ./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 96-4 FOR SEALCOATING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 062-96 ,dated April 2 . 1996, bids were received, opened and tabulated according to law with results as follows: Allied Blacktop Co. Astech Corp. $198,323.36 $237,556.40 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Allied Blacktop Co. as being the apparent low bidder. / BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Allied Blacktop Co. n the amount of $198.323.36 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a regular meeting this -11L day of May , 19~, with Councilmembers the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in favor of voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor / Victoria Volk - City Clerk ,0; ,~ , jen en a 1i3 u. o I- U ~ I- en co ~ I- Z W ~ I- 0::: ~ 0. W 10 ./(!) Z ii: w w Z (!) Z w 0::: w > o a Z ~ U. o ~ u , , j ...... - o ...... ~ ro o U (ij aJ en VI ::I o c 'E .a m ~ ~ o o ...... ...... cD CJ) CJ) ...... .c 0;,....... NlO ~m~ 0.. ' 0 ~oN Z 01.... en c 0 ~ ,- aJ aJ C '~aJ aJ 0 ~ o..~~ 00. en "0.2:-.2:- muu 1O000000 1O II 0000000 II 0 I- MOOOOOO M II I- 0000000 II 0 CD Z Mcicicicicici M II Z cicicicicicici II ci 1O ::> 0)0)'<t "I II ::> ~ II ~ M lOCOI'- M II II III 0 ..f'N- cO II 0 II , III ~ II ~ II Oz '<till 0) II II ~ ...... ...... II ~ II u~ ~ ~ II II 0.. 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II "I Q::w ~ II ~ II II II w~ 000 ~~ W o III 0 (5i= U ~-=ci zen 1-- "1M wW _0::: za. ::> w U 1-- -0::: zo. ::> x~ 000 000 0- cicrir...: 0:::1- I'-COM o.Z 1'-"1 o.~ III - ~a o III ...... ~en 5c.t:: w!= =00 I-z ro I- ro -::> (!) w x~ 0- o:::!z o.~ 0.::> ~o en ~!= WZ !=::> Z o ~ii: w- 1-0::: -u en w a ro I aJ en .E ~ aJ 0 (ij-o 'C gJ, 0::: .smQ.) ~a,:g ..:: Cl 0 VI~~ sro-- c 0 c 'E ~ cW ::I ro - ~Q)b coenM ,. 1O 0) o Z I- U W ..., o 0::: 0. 0::: o U. ...J ~ o I- Z o ~ii: w- 1-0::: -u en w a w ' zO ::Jz -=NM~Lri<ri~ w ' zO ::Jz I- Z ::> o ~ ~ 0000000 0000000 cicicicicicici ~ o o ci ~ ,. 1O 0) I- U W ..., o 0::: 0. 0::: o U. ...J ~ o I- NM-.i.o<rir...: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO. Snowmobile Ordinance Review Iq. DATE: May 7, 1996 ORIGINATING DEPARTMENT Todd J. Haas, / Engineering AGENDA SECTION Non-Discussion/Consent Item The City Council is requested to have the Snowmobile Task Force meet to review the 1995- 1996 snowmobile season to discuss if the ordinance in its present form should be amended and also to discuss how the snowmobile season went overall, especially with the presence of the Andover Snow Dragons Snowmobile Club and the time they spent out talking with snowmobilers to see if the club was making any headway towards minimizing the amount of complaints. " J After the Task Force meets, a report will be presented to the City Council at a later date. This item was initiated by Planning and Zoning Commissioner Wells at the March 26, 1996 meeting. '. . J \ Regular Andover Planning and Zoning Commission Meeting Minutes - Maarch 26, 1996 Page 6 , ( ) (Other Business, Continued) Commissioner Wells noted she received a letter regarding for a senior citizen center along Bunker Lake Boulevard. stated a neighborhood meeting on the matter will be held March 28, 1996. the proposal Mr. Carlberg on Thursday, Commissioner Wells asked that the snowmobile issue be revisited. She related an incident of two children driving snowmobiles through Bill's Superette parking lot, an illegal area. She stated this is becoming a safety issue. While she r~cognized the efforts of the snowmobile club, she strongly felt this is a serious problem and safety issue that need to be addressed. Mr. Carlberg advised that any incidents should be reported to both the City and the snowmobile club hot line. MOTION by Wells, Seconded by Putnam, to adjourn. Motion carried on a 6- Yes, 1-Absent (Peek) vote. The meeting adjourned at 8:34 p.m. Respectfully ~mitted, )~~Cc~l ~a~ella A. Peach Recording Secretary J I \ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) ITEM NO. Approve Certificate of Corrections/ Crown Pointe East, Lots 17-22, Block 2 DATE: May 7, 1996 ORIGINATING DEPARTMENT Todd J. Haas, Engineering ~~ AGENDA SECTION Non-Discussion/Consent Item !J.O. The City Council is requested to approve Land Surveyor's Certificate of Correction to the plat for Lots 17-22, Block 2 in Crown Pointe East. Attached is a letter dated April 8, 1996 from Hakanson-Anderson explaining the situation. This item does not have any relationship with the vacation of easement for Lot 19, Block 2, Crown Pointe East. \ / Staff has reviewed this request and we do recommend approval. , , J lAND SURVEYOR'S CERTIFICATE OF CORRECTION TO PLAT \ ) Name of Plat: CROWN POINTE EAST Pursuant to the provisions of Chapter 505.174, laws of Minnesota, I, Charles R. Christopherson, the, undersigned, a Registered land Surveyor in and for the State of Minnesota, declare as follows: ' 1. That I prepared the Plat of CROWN POINTE EAST dated March 7, 1995, and filed March 8, 1995 in the office of the County Recorder, Anoka County, Minnesota, in Book 50 of Plats, page 5, as Document No. 1156252. 2. That said plat contains errors, omissions, or defects in the following particulars, to-wit: Incorrect leader lines along side lot lines at rear of lots 17 through 22, inclusive, of Block 2 directing the lot dimension to the survey line. 3. That said plat is hereby corrected in the following particulars, to-wit: The leader lines along the side lot lines of lots 17 through 22, inclusive, of Block 2, at the northerly end of the lots should direct the overall lot dimension to the rear corner of the lot. Dated: April 10, 1996 R.(f26:~~ No. 18420 State of Minnesota \ j STATE OF MINNESOTA COUNTY OF {J.-ro.~ k4- The Surveyor's Certificate was subscribed and sworn to before me, a Notary Public, this IB/l-jday of r:l9..-,l ,1996. <f.f..~~~'iW.MN>N'NMI'.I'NM:'MM, ~(jft;j\ LARRY K. AFFIELD ~ j\~~t'1JCTNiYH)SUC'M:NNES()TA i County, Minnesota ~.~ :lYCcmm.Exp.Jan.31.2QOO~ .Jc-"u"v~ .3 ( I z...:,oo .....""....Wt,.JI~/'7.:JA"'.,...-~ The above Certificate of Correction to the plat of CROWN POINTE EAST has been reviewed and approved by the City of Andover, Minnesota. Mayor Clerk This Certificate of Correction has been checked and approved this _ day of 1996. By: Anoka County Surveyor This Instrument was drafted by: ~ J Hakanson Anderson Associates, Inc. 222 Monroe Street Anoka, MN 55303 \ j '\ ) j I' sl Hakanson . r Anderson ~ 1" '1 Assoc..lnc. April 8, 1996 222 Monroe Street Anoka. Minnesota 55303 612/427-5860 Fax 612/427-3401 Mr. Scott Erickson, PE City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 RE: Lot 19, Block 2 Crown Pointe East, Andover Dear Scott: I have been made aware that in the final platting process on the above mentioned plat a number of errors were made that need to be corrected. On Lot 19, Block 2, the southwest easement line for drainage and utility purposes was drafted on the final plat improperly. At one time during the preliminary plat phase the line as shown on the plat was correct but revisions were made to the grading plan and preliminary plat that necessitated the movement the movement northeasterly of this line. I have enclosed copies of those documents for your review and you can see the duplicate lines. The enclosed certificate of survey has on it a proposed description for the partial release of the utility and drainage easement to correct this problem. I am hoping that you would talk to Dave Carls burg and others at the City of Andover to expedite a hearing and meeting to accomplish this release. A list of adjacent owners (within 350) is also included with this certificate. On another matter, the side lot line "leader lines" on Lots 17, 18, 19, 20, 21, and 22 inclusive are drawn to the survey line along Coon Creek. These leader lines should go the rear line of these lots which is the plat boundary. A certificate of correction is in the process of correcting this problem and will be forthcoming soon for the City of Andover Council action. If you have any questions, please feel free to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. cc: Jerry Windschitl, Ashford Development Peter R. Raatikka, PE 2054-14.5. Engineers Landscape Architects Surveyors \ J " / j Norl~ea!ll Twp J corner of /' 2. Roe, 2< the SEI/< ' , Anoka C Sec. 26 t -" ,-",-, --------- East line of th e Soull U1 s ~ ~ ~.;: 'i., ,.:.!,;~. -, . ":1:,;-'" . ",;.,~~..::;.' s ." ~ ,t, / r:'-" !;~t:'::':!~' . S.J'f ! -.""i/. ,'<1" ' ....f.tl,o,o rJ.~;rO' t :.;.<": ......,.j 'i.~,':_!;; " -"ie, !':'-' .;."" ,";,t "0,;1 \< :';:1 {f\~1/ ,,:,~;. ',_.t'-;"'- ~:... ..~" ~, , \ ) , I J / CITY OF ANDOVER REQUEST FOR COUNCil ACTION AGENDA SECTION Non-Discussion/Consent Item DATE: May 7, 1996 ORIGINATING DEPARTMENT Scott Erickson,~t Engineering ITEM NO. Approve Resolution/Flood a'l,zone Fee The City Council is requested to approve the resolution adopting a fee for Flood Zone Searches provided by the City Staff. The searches are typically provided to realtors or lending agencies. The fee would be established at $15.00 per search request. " ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ESTABLISHING FEES TO BE COLLECTED BY THE CITY OF ANDOVER FOR FLOOD ZONE SEARCHES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following fee is hereby established: Flood Zone Search FEE $15.00 TYPE OF FEE Adopted by the City Council of Andover this -Z!!:L day of Mav , 19 96. CITY OF ANDOVER ATTEST: / J. E. McKelvey - Mayor Victoria Volk - City Clerk j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION j DATE: May 7, 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd J. Haas.". / Parks ~ ITEM NO. Approve No Parking/Poppy Street at 135th Avenue c9Ol. The City Council is requested to approve the resolution approving no parking on Poppy Street NW at 135th Avenue NW. The Park and Recreation Commission has reviewed this item and is recommending approving the no parking only. " ., ) " I / . / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DESIGNATING NO PARKING ON POppy STREET NW AT 135TH AVENUE NW. WHEREAS, the City Council is cognizant of the public nuisance traffic hazard, congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to a potential problem. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover that there be no parking on Poppy Street NW at 135th Avenue NW Adopted by the City Council of the City of Andover this 7th day of Mav, 19 96. CITY OF ANDOVER ATTEST: , J J.E. McKelvey - Mayor Victoria Volk - City Clerk , , / TH'S IS A CCMPfl.A.TION 0' RECO~ THEY .4I,fJd IN THf ANOK.4 Cc. OffICES >>,ECTING THE AllA. SI-i THIS DlAWING IS TO If USED ON WEllNeE I'UUOSES .AND THE, T'f IS NOT IESfONSlW! '011 A: ACCtlUC1ES HEREIN CONT Air- ) SEC. 32 CITY OF CITY OF r: 32 R.24 ANDOVER ANOKA j " 659J2 /32 @ CENTER ~ ~~,r't=.. IT' ,,_ ''!u:''~ _ ).k-!. ,. 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'"';',.,?';.',..,. ......~::.:..:.- .~.:..._-, ~.,.'- -. ........- . ..... .... _. ..... ....~..~.. u". -.r!'- ;"~'~~,'.~~~~.":':~"":..~J.;,":.~ ;.. ... .:....~-; .~."..t. ......... :.;.,.. .......~.~:~.~.....::-.>_..: >.;,. -, .....:. " . -.. ...... -- .~.t~:.~;..~/.~:~~~..~~ ..- ...~....l:,-;.(.:..~.~..~...~.:~.2>:.~ ,c.- .~ ',,'." ",' ':~;.:'."., ..' "-":':'/'~:: .'-.-;:'1":::, . ~'. _.. ~:. "- -.': -.7't;" --.... .'-., .', ,-,. ~.~..~::~.%~~~'" ;,,'.-.?,'.,!:.:C., .-.-' '''--:.~;,''S~:;:'':: --"... <":"::~>,,"-<".. -" .. ,..'!.,.".. .' " .... CITY OF ANDOVER REQUEST FOR COUNCIL ACTION .J AGENDA SECTION Non-Discussion/Consent Item DATE: May 7, 1996 ORIGINATING DEPARTMENT Scott Erickson,~~ Engineering ITEM NO. I ~pprove Engineering Intern It?Ca. The City Council is requested to approve the hiring of an Engineering Intern for the 1996 construction season which will be a 6 month position. The intern will assist in sealcoat operations, field inspections, pavement management data collection and numerous routine daily activities. The intern hired in 1995 proved to be a real asset to the department and we are confident the 1996 intern will provide the same benefits. " This is a funded position and will not increase the 1996 City budget. / , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) AGENDA SECTION Non-Discussion/Consent Item DATE: May 7, 1996 ORIGINATING DEPARTMENT Scott Erickson~ L Engineering ITEM NO. rS'~~rove Forestry Intern The City Council is requested to approve the hiring of Eric Olson as the Forestry Intern for the 1996 season which will be a 6 month position. The intern will assist in enforcing the tree protection ordinance of the City in addition to various other projects as assigned. This position is funded from the fees received from building permits for tree protection inspections. . , ) \ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " ) AGENDA SECTION Non-Discussion/Consent Item DATE: May 7, 1996 ORIGINATING DEPARTMENT Todd J. Haas, .~/ Parks '4' ITEM NO. Approve Quotes/93-7/Bleacher Pads/ City Hall Park Complex #2 as. The City Council is requested to table this item until the Park and Recreation Commission reviews the item. The contractor that gave us the quote actually constructed the bleacher area larger than what was designed by the Engineering Department. So therefore, the Commission will need to review this. / \ J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , J DATE: May 7, 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd J. Haas,~~ Parks ~ ITEM NO. Approve Quotes/93-7/Bases/City Hall Park Complex #2 6l.(o. The City Council is requested to approve the quotes for bases for City Hall Park Complex #2, Project 93-7. Quotes received are as follows: MNlWisc. Playground, Inc. A & B Sporting Goods $1,988.75 $2,007.43 This is being paid for out of Park Dedication funds. . J " ./ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ , J AGENDA SECTION Non-Discussion/Consent Item DATE: May 7, 1996 ORIGINATING DEPARTMENT Scott Erickson,~~ Engineering ITEM NO. Award Bid/92-19/Weybridge 3rd Addition 0l:1. The City Council is requested to approve the resolution accepting bids and awarding the contract to Old Is Gold, Inc. in the amount of $209,060.22 for the improvement of Project 92- 19 for sanitary sewer, watermain, street and storm sewer construction in the area of Weybridge 3rd Addition, The bids received are as follows: ) Old Is Gold, Inc, Volk Sewer & Water, Inc. Hydrocon, Inc, Engineer's Estimate $209,060.22 $209,256,52 $213,798,92 $236,212,10 \ J , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 92-19 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER CONSTRUCTION IN THE AREA OF WEYBRIDGE 3RD ADDITION WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 068-96 ,dated April 2 , 1996, bids were received, opened and tabulated according to law with results as follows: Old Is Gold, Inc. $209,060.22 Volk Sewer & Water, Inc. $209,256.52 Hydrocon, Inc. $213,798.92 / NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Old Is Gold. Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Old Is Gold. Inc in the amount of $209.060.22 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember City Council at a reQular meeting this 2!!L.. day of Council members and adopted by the Mav ,19 96 ,with voting in favor of voting the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor \ J Victoria Volk - City Clerk MAY-01-1996 09:28 TKDA l,pq;l~"'UI"W~'" nN~H~""""~N ~ QUIU-,,>> tv VI : )~~;;;~~ . IJfJlJ'U'" ~I~~~~~~~ ::il'll'l~w""t.>...OI tollll'" III <:IC CI""II>IIl~ 9I1lUlIII~~~~~ ~H'-:l-'l~~n~~ lIl"Hi>i 1Il HHH~~tntr.lt-j leoool'ltoo~!:l;a ~~n~1:lMt:l!:l ~ ~:;t1~~ '" ........ 1:loU1...I:I.\P w....w.....Ilrrr.cn....oil-o-. . . , . 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EI ~~ E~E ~~~ ~ I *0~ ~ >Q)" .. - .(noCl)... .... 00 M Ww~wu~~~~m~o~*.... w oo~~~uatnQ~~~o~~ ~ OOOO~gNOOQN~~O~ ~I~~ooeo~ooooo~~o ~ OOOOOOOggOOO~OO .,..... ...... ... ... .en. w. OO'0-(,lt~ ~ ""'-000"'NO<(b-0l-(&(4Q-0it)~ C,&.l....OOlnIJlO-lO....Ulf.R,WWN .. . . . .. .. .. . , . .. .. I . . O\1lOOOOOoO'oUlOOOo OOQOOQOOoooCQOg ~I '" .. W ... ... . VI o ....1 ......... C>> ** wG.... N-t4~ ~ ..... ....MW ..NI-I ... o(h~"'-c4-""'''' oIiIoa....... o ~~~~~~~~~W~~~~0 wluooo~~~~O~~OA~~ ~ OOOOOOOOOO~~Wom . .41....... 41 . . ,. . 41 .. . o cooaoooooooooao OIOOQOOODOQOOaaoo P. 13/13 .... fooI.-'1....~ ....WN....O I-Innno ~~~IHl ~ Gl/)O'J i>' "'~H t"E .. '" '" $"li;; H QQ t"" ;;::::; ro~ iHl"'SS zi!;~nn ~1'ir;1Il1ll :-It:l~EE fj~HH fi :.sOl e~~ ........"".....N .. .. . . . 0."00 00000 t;~~~t: .... ...,"" ... "'''' . - ~ o ~I\)"'" 0-0""00 OtQVloa . . . .. .. oeooo 00000 "'1<<> ....... ell..... ~N ~I~~~;.,;., II.) O~dJ'OO ~I~~~~~ o 00000 . ... ....... .. ""... ~ O..w.""'....N ON~oo 00000 00000 00000 "'I f\'t -0 -fn(n. co.... WN .. ... 00"'- .... O....N....... "'I QO...Oo N gwmoQ . ....... o 000'00 o 00000 TOTAL P.13 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ j AGENDA SECTION Non-Discussion/Consent Item DATE: May 7, 1996 ORIGINATING DEPARTMENT Scott Erickson,~L Engineering ITEM NO. Award Landscape Quotes/Parking Lots & Center Median/93-7/City Hall Park Complex #2 ~. Information on this item will be presented at the meeting. Funding for this project will be from TIF funds. , , J / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: May 7, 1996 ITEM NO. Review Proposals/Concessions/City Hall Park Complex #2 ag. ORIGINATING DEPARTMENT Todd J. Haas,_/ Parks ?"" AGENDA SECTION Non-Discussion/Consent Item The City Council is requested to approve the proposals for the operation of concessions for City Hall Park Complex #2. The proposals are due by noon, May 6, 1996. Additional information will be provided to the City Council at the meeting with a recommendation from staff. Note: If a concessioner is selected, it will be necessary to reconsider the motion that was made March 6, 1996. See attached meeting minutes. \ J " _J Regular Andcver Ciev :c~:i~ ~~e=i~g Minutes - March 6, 1~J6 Page 13 \ ) (PCD Tower Update, Ccntin~ed) Councilmember Jacobsen st~ted ~o~e and more of the antennas and towers will be installed for pers:mal ::or..municators, He preferred an ordinance that would re~~ire t~em ~j ~e located on public property and that the City would cha~ge rer.~ =c~ t~e~, If the City must allow them, the City should benefit by recei vi:-,g rE:-,e::ues which in turn can help keep taxes down for the residents. :j~c:lrr.e~~er Dehn was also concerned with the aesthetics if too many to~er= ~~e censtructed. Mr. Carlberg stated that can also be explored. Cc~r.=i: asreed Staff should continue preparing the regulations on tte p:~ce~E:~t or antennas and towers. ~ APPROVE HIRING OF TWO TEM:?ORARY BUILDING ATTENDANTS/FIELD OF DREAMS Mr, Erickson explained t~e d~~ies of the attendants would be to sell concessions, open ~~d close ~hE: concession building, sweep floors and do general cleaning. He an~icipated a j ani torial service would be contracted to do the more d~t~iled maintenance. Todd Haas, the City's Park Coordinator, wi:l s~pe~Jise the position and be responsible for stocking the concession s~~d. " MOTION by Jacobson, Secor.1e~ ~y Dehn, that we authorize the hiring of two temporary part-time ~uild:ng attendants for the operation of the concession building at t~e Ci~y Hall Park Complex #2 for the summer, 1996, at an hourly race c: $7 ;er hour with no benefits; that their pay comes from the "profits" f~or: the concession sales at the building. DISCUSSION: Mr, Erickson explained people can bring in their own food and drink, though alcohol is r:jt allowed. The concession building will have a refrigerator to :-:eep ~everages cold and will sell chips and candy. There will be no hE:at~d foods such as hot dogs or hamburgers, It is proposed that inventory wil:' be taken daily. The entire program will be re-evaluated for the 1397 season. Motion carried unanimously. J MAYOR/COUNCIL INPUT Minutes of Closed Meetings - Ccuncilmember Jacobson had read that by law Meeting Minutes of Exec-..lti ve Sessions must be safely sealed away. Attorney Hawkins was not aware 0= any legal procedure that the Minutes have to be sealed. The City ~..lst take reasonable steps to make sure no one has access to them, ~d 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 ~y K~~za, to approve payment of Claims in the amount of $222,489.96. ~otior: carried unanimously. " MOTION by Kunza, Seconded _ ~~unanimOUSlY' The_~~~t~ng~as . -=:::::. _/ J!ctf1.J-l1Y SUblTiitYf=d, : ! c.,\J~ \..v~ (i ('-,;- c..t...' >- arc.lla A. Peach, Recording zy Dehn, to adjourn. adjourned at 11:10 p.m. Motion carried Sec~etary CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ... / DATE: May 7, 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson, ~ { Engineering ITEM NO. Approve Final PaymenU94-9, 94-6, 94-7, Pond "C" 93-30 80. ' The City Council is requested to approve the resolution accepting work and directing final payment to S. R. Weidema for Projects 94-9 (Fox Woods), 94-6 (Hartfiel's Estates), 94-7 (Sharon's 2nd Addition), Pond "C" Pumping Facility and 93-30 (Bunker Lake Boulevard Service Road) for the improvement of sanitary sewer, watermain, street and storm sewer. \ J _/ - '\ -/ 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 S.R. WEIDEMAN FOR PROJECT NOS. 94-9 (FOX WOODS). 94-6 (HARTFIEL'S ESTATES). 94-7 (SHARON'S 2ND ADDITION), POND "C" PUMPING FACILITY AND 93-30 (BUNKER LAKE BOULEVARD SERVICE ROAD), FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to a written contract signed with the City of Andover on September 6 ,19 94 , S.R. Weidema of Brooklvn Center, MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and \ approved; and / BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Council member and adopted by the City Council at a reQular meeting this...1!!:L day of Mav , 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 TOLTZ. KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS AND ARCHITECTS 1500 Piper Jaffray Plaza, 444 Cedar Street SI. Paul, Minnesota 55101-2140 ~~O~ Richard M. Odland. P.E. '0 -'t., /6- I I J 10674/10640/10672 Conun. No. 9140-940/10581 Cert. No. 13(Final) St. Paul, MN, Februarv 19 To City of Andover. Minnesota This Certifies that S. R. Wedima. Inc. Fox Woods (94-9), Hartfiels Estates (94-6), Sharon's 2nd Add. (94-7), For Pond "C" Pumping Facility. Buroker Lake Blvd.. Frontage Road' Is entitled to Five Thousand and 00/100 ----------------------------------------($ 5.000.00 being 13(Final) estimate for partial payment on contract with you dated September 7 Received payment in full of above Certificate. CONTRAcrOR ,19_ RECAPITULATION OF ACCOUNT 19961 " Owner , Contractor ) ,19-21- PAYMENTS CREDITS I CONTRACT PLUS EXTRAS 1.009.9881.71 I I I +4.0791.70 +20.1931.29 +20.6991.47 +26.4651.94 I 1 I I I I I I 1 I I I 1 I 1.081.4271.11 I I 1 1 I 1.081.4271.11 1 1.076.4271.11 1 I I I I I I I I I I I I I I I I 1 5.0001.00 I 1.081.4271.11 I I 01.00 I I 1.081.4271.00 Contract mice olus extras AIl previous pavments AIl orevious credits Extra No. Chanee Order No.1 Olanl!e Orner No.2 OlanlZe Order No.3 Olanl!e Order No.4 (Como.) Credit No. AMOUNT OF THIS CERTIFICATE Totals Credit Balance " There will remain unpaid on contract after payment of this Certificate TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, Minnesota 55101 / PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS Final Estimate No,~ Period Ending Feb~ary 3. 19~ Fox Woods, Hartfiel's Estates Sharon's 2nd Addition, Pond 'c' Pumping Facility, Bunker Lake Boulevard Project Frontaae Road Location Citv of Andover. Minnesota Contractor S R. Weidema. Inc " Page 1 of 1 10674/106401 10672/9140-9401 Corom. No. 10581 Original Contract Amount $ 1.009.988.71 Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Change Order No. 1 Change Order No. 2 Change Order No. 3 Approved Extra Orders Amount Completed $ 1.036.454.65 $ '\ J $ 4.079.70 $ 20 193 29 $ 20.699.47 $ 44.972 46 Total Amount Earned This Estimate $ 1. 081. 427 .11 Less Approved Credits Less ~% Retained Less Previous Payments Total Deductions $ $ 0.00 $ 1. 076. U7--...lL $ 1. 076. 427 11 Amount Due This Estimate $ 5.000 00 Contractor _~/r-~ Date L( -) '/-9{ Engineer ~'ffl.o~ Richard M. Odland, P.E. Date ~/JCf/~h , I / '\ ESTIMATE NO. 13 (FINAL) -=-====---=----....= J FOX WOODS, HARTFIEL'S ESTATES SHARON'S 2ND ADDITION, POND 'C' PUMPING FA~ILITY BUNKER LAKE BOULEVARD FRONTAGE ROAD ' CITY OF ANDOVER, MINNESOTA COMMISSION NOS. 10674/10640/10672/9140-940/10581 ITEM NO DESCRIPTION FOX WOODS \ J , ) ........~===========----========-==~ ....--------- CONTRACT QUANTITY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 MOBILIZATION CONN TO EXIST SANITARY SEWER 8" PVC SDR 35 SS 0-10' 8" PVC SDR 35 SS 10-12' 8" PVC SDR 35 SS 12-14' 8" PVC SDR 35 SS 14-16' 8" PVC SDR 35 SS 16-18' 8" PVC SDR 35 SS 18-20' 8" DIP CL 50 SAN SEWER 14-16 CONST STD 4' DIA MANHOLE 10' EXTRA DEPTH OF 4' DIA MH 8" DIP OUTSIDE DROP SECTION 4" ON 8" PVC SDR 35 WYE BR 4" PVC SDR 35 SERVICE PIPE 4" PVC SDR 35 VERT SERV C/O 8" PVC SDR 35 VERT SERV C/O TRENCH STABILIZATION ROCK TELEVISE SAN SEWER MAINS FIELD OFFICE TYPE A 1 CONN TO EXISTING WATERMAIN 2 6" DIP CLASS 50 WATERMAIN 3 8" DIP CLASS 50 WATERMAIN 4 6" MJ RES SEAT GATE VALVE 5 8" MJ RES SEAT GATE VALVE 6 6" MJ HUB HYDRANT 7 1" TYPE K COPPER TAP SERVICE 8 1" CORPORATION STOP 9 1" CURB STOP WITH CURB BOX 10 1" SERVICE CONN TO EXIST WM 11 MJ CIP FITTINGS 1 2 3 4 5 6 7 8 9 CONN TO EXIST STORM SEWER 12" RCP CLASS 5 STORM SEWER 15" RCP CLASS 5 STORM SEWER 18" RCP CLASS 3 STORM SEWER 24" RCP CLASS 3 STORM SEWER 12" RC FLARED END SECTION 15" RC FLARED END SECTION 18" RC FLARED END SECTION 24" RC FLARED END SECTION 0.45 3.00 964.00 1264.00 1022.00 1014.00 457.00 85.00 20.00 29.00 70.30 1.00 71. 00 1740.00 58.00 3.00 500.00 4656.00 0.45 2.00 EA 149.0"0 LF 4607,00 LF 7.00 EA 12.00 EA 7.00 EA 2210.00 LF 71. 00 EA 71. 00 EA 13 . 00 EA 4075.00 LB 2.00 EA 140.00 LF 402.00 LF 192.00 LF 770.00 LF 1. 00 EA 2,00 EA 2.00 EA 2.00 EA QUANTITY UNIT TO DATE LS EA LF LF LF LF LF LF LF EA LF EA EA LF EA EA LF LF LS 0,45 3.00 1276.00 1143.00 1159.00 653.00 283.00 0.00 60.00 27.00 78.10 1. 00 71.00 2007.00 71. 00 3.00 0.00 4656.00 0;00 2.00 99.00 4351. 00 7,00 11. 00 7.00 2193.00 71. 00 71.00 13.00 1899.00 2.00 103.00 384.00 179.00 766.00 1.00 2.00 2.00 2.00 UNIT PRICE $20,000.00 $940.00 $17.30 $17.40 $17.50 $17.75 $19.25 $20.00 $37.20 $1,175.00 $62.70 $1,045.00 $23.65 $5.25 $17.65 $245.30 $0.01 $0.30 $3,000.00 $327.65 $24.30 $21,40 $315,00 $432.40 $1,220,00 $4.40 $15,90 $52.00 $84.40 $1.25 $655,25 $12.15 $13.55 $15.55 $17.90 $405.60 $450.30 $487.60 $614.30 AMOUNT TO DATE $9,000.00 $2,820.00 $22,074.80 ~19,888.20 $20,282.50 $11,590.75 $5,447.75 $0.00 $2,232.00 $31,725.00 $4,896.87 $1,045.00 $1,679.15 $10,536.75 $1,253.15 $735.90 $0.00 $1,396.80 $0.00 $146,604.62 $655,30 $2,405.70 $93,111.40 $2,205.00 $4,756.40 $8,540.00 $9,649.20 $1,128,90 $3,692,00 $1,097.20 $2,373.75 $129,614.85 $1,310.50 $1,251.45 $5,203.20 $2,783.45 $13,711.40 $405.60 $900.60 $975.20 $1,228.60 10 CONST CONE TYPE CATCH BASIN 5.00 EA 3.00 $882.95 $2,648.85 / 11 CONST STD 4' DIA CB/MH 13.00 EA 13,00 $1,132,34 $14,720.42 12 CONST STD 4' DIA STORM MH 5.00 EA 7.00 $1,051.83 $7,362.81 13 CONST MANHOLE OVER EXIST SEW 2.00 EA 2.00 $1,406.08 $2,812.16 14 CABLE CONCRETE " 384,00 SF 448,00 $5.65 $2,531. 20 15 SILT FENCE 230.00 LF 240,00 $2.50 $600,00 16 OUTLET CONTROL STRUCTURE 2,00 LS 2.00 $1,616.30 $3,232.60 17 TOPSOIL BORROW 70.00 CY 110,00 $8.00 $880.00 18 SEEDING 430.00 SY 1098.00 $2.00 $2,196.00 __::z=-=:s~===_ $64,754.04 1 COMMON EXCAVATION 1829.00 CY 0.00 $0.01 $0.00 2 GRANULAR BORROW (CV) 1142.00 CY 0.00 $0.01 $0.00 3 SURM CONC CURB & GUTTER 9867,00 LF 8539.00 $4.65 $39,706.35 4 B618 CONC CURB & GUTTER 644.00 LF 800.00 $5.90 $4,720.00 5 AGGREGATE BASE CLASS 5 4682.00 TN 4535.80 $6.00 $27,214.80 6 SUBGRADE PREPARATION 54.30 RS 54.30 $100.00 $5,430.00 7 BIT BASE COURSE MIX 2331 T31 1578.00 TN 1624.45 $20.50 $33,301.22 8 BIT WEAR COURSE MIX 2331 T41 1056.00 TN 1098.30 $23.25 $25,535.47 9 CRS-1 BIT MATERIAL FOR TACK 855.00 GA 863.00 $1. 00 $863.00 10 RAISE MANHOLE FOR WEAR COURSE 8.00 EA 8.00 $150.00 $1,200.00 11 RAISE GATE VALVE FOR WEAR 6.00 EA 6.00 $125.00 $750.00 12 ROADSIDE SEEDING COMPLETE 2.86 AC 2.10 $780.00 $1,638.00 13 EQUIP, LABOR TO RESHAPE BLVD 6.00 HR 6,00 $100.00 $600.00 ------------ ------------ $140,958.85 -============ , SUBTOTAL - FOX WOODS $481,932.36 J HARTFIEL'S ESTATES 1 MOBILIZATION 0.45 LS 0.45 $20,000.00 $9,000.00 2 CONN TO EXIST SANITARY SEWER 2,00 EA 2.00 $886.75 $1,773.50 3 8" PVC SDR 35 SS 0-10' 250.00 LF 130.00 $19.15 $2,489.50 4 8" PVC SDR 35 SS 10-12' 1492.00 LF 1338.00 $19.30 $25,823.40 5 8" PVC SDR 35 SS 12-14' 450.00 LF 622.00 $19,80 $12,315.60 6 8" PVC SDR 35 SS 14-16' 100.00 LF 150.00 $21.15 $3,172.50 7 8" PVC SDR 35 SS 16-18' 354,00 LF 250,00 $22.10 $5,525.00 8 8" PVC SDR 35 SS 18-20' 344.00 LF 448.00 $23.40 $10,483.20 9 8" DIP CL 50 SAN SEWER 14-16' 40.00 LF 60.00 $33.80 $2,028.00 10 CONST STD 4' DIA MANHOLE 0-10' 10.00 EA 10.00 $1,173.55 $11,735.50 11 EXTRA DEPTH OF 4' DIA MH 24.50 LF 24.78 $62.68 $1,553.21 12 8" DIP OUTSIDE DROP SECTION 1. 00 EA 2.00 $1,044.05 $2,088.10 13 4" ON 8" PVC SDR 35 WYE BR 50.00 EA 49.00 $23.65 $1,158.85 14 4" PVC SDR 35 SERVICE PIPE 1921.00 LF 2021.00 $5.60 $11,317.60 15 4" PVC SDR 35 VERT SERV C/O 56.00 EA 55.00 $17.65 $970.75 16 CONNECT TO EXIST SAN SEWER 5.00 EA 5,00 $560,30 $2,801. 50 17 TRENCH STABILIZATION ROCK 280,00 LF 0.00 $0,01 $0.00 18 FIELD OFFICE TYPE A 0.45 LS 0,00 $3,000.00 $0.00 19 TELEVISE SAN SEWER MAINS 3006.00 LF 2942,00 $0,29 $853.18 -=--=---== $105,089.39 1 CONN TO EXISTING WATERMAIN 2.00 EA 2.00 $327.65 $655.30 2 6" DIP CLASS 50 WATERMAIN 70.00 LF 67.00 $25.40 $1,701.80 3 8" DIP CLASS 50 WATERMAIN 3174.00 LF 3076.00 $22.50 $69,210.00 j 4 6" MJ RES SEAT GATE VALVE 5,00 EA 5.00 $315.05 $1,575.25 5 8" MJ RES SEAT GATE VALVE 4,00 EA 4,00 $432.40 $1,729.60 6 6" MJ HUB HYDRANT 5.00 EA 5.00 $1,219.05 $6,095.25 '. / , J 7 1" TYPE K COPPER TAP SERVICE 8 1" CORPORATION STOP 9 1" CURB STOP WITH CURB BOX 10 CONN TO EXIST WATERMAIN 11 MJ eIP FITTINGS 12 ROCK TRENCH STABILIZATION 1 2 3 4 5 6 7 8 CONN TO EXIST STORM SEWER 12" RCP CLASS 5 STORM SEWER 15" RCP CLASS 5 STORM SEWER 18" RCP CLASS 3 STORM SEWER CONST CONE TYPE CATCH BASIN CONST STD 4' DIA CB/MH CONST STD 4' DIA STORM MH CONST MANHOLE OVER EXIST SEWER 1 COMMON EXCAVATION 2 GRANULAR BORROW (CV) 3 SURM CONC CURB & GUTTER 4 B618 CONC CURB & GUTTER 5 AGGREGATE BASE CLASS 5 6 SUBGRADE PREPARATION 7 BIT BASE COURSE MIX 2331 T31 8 BIT WEAR COURSE MIX 2331 T41 9 CRS-1 BIT MATERIAL FOR TACK 10 TOPSOIL BORROW (LV) 11 ROADSIDE SEEDING COMPLETE 12 SODDING SHARON'S 2ND ADDITION SUBTOTAL - HARTFIEL'S ESTATES '\ ) 1 2 3 4 5 6 7 8 9 10 11 12 13 MOBILIZATION CONN TO EXIST SANITARY SEWER 8" PVC SDR 35 SS 10-12' 8" PVC SDR 35 SS 12-14' 8" DIP CL 50 SAN SEWER 14-16' CONST STD 4' DIA MANHOLE 0-10' EXTRA DEPTH OF 4' DIA MH 8" DIP OUTSIDE DROP SECTION 4" ON 8" PVC SDR 35 WYE BR 4" PVC SDR 35 SERVICE PIPE 4" PVC SDR 35 VERT SERV CIO TRENCH STABILIZATION ROCK TELEVISE SAN SEWER MAINS 1 2 3 4 5 CONN TO EXISTING WATERMAIN 6" DIP CLASS 50 WATERMAIN 6" MJ RES SEAT GATE VALVE 6" MJ HUB HYDRANT 1" TYPE K COPPER TAP SERVICE 2006,00 LF 54.00 EA 54.00 EA 5,00 EA 817,00 LB 300,00 LF 2.00 EA 218.00 LF 1510.00 LF 117.00 LF 8.00 EA 9.00 EA 3.00 EA 1. 00 EA 2015.00 CY 779.00 CY 5839.00 LF 402.00 LF 2658.00 TN 31.10 RS 904.00 TN 603.00 TN 492.00 GA 534.00 CY 1.12 AC 4700.00 SY 0.10 1. 00 130.00 130.00 20.00 1.00 1. 00 1.00 8.00 330.00 8,00 50.00 280.00 LS EA LF LF LF EA LF EA EA LF EA LF LF 1. 00 EA 275.00 LF 2.00 EA 1. 00 EA 320.00 LF 2184,00 55.00 55.00 5.00 700.00 0.00 2.00 201. 00 835.00 794.00 5.00 11. 00 3.00 0.00 4727.00 0.00 6805.00 288.00 2658.00 31.10 930.60 923.67 500.00 1884.00 0.90 10080.00 0,10 1. 00 80.00 180.00 20.00 1. 00 0.60 1. 00 8.00 366.00 8,00 0.00 280.00 1.00 309.00 2,00 1. 00 339,00 $5.20 $15.90 $52.00 $105.72 $1. 25 $0.01 $655,25 $15.07 $13.56 $18.00 $882.95 $1,132,35 $1,051.85 $1,406.10 $3.00 $4.00 $4.55 $5.90 $6.00 $100.00 $21.00 $24.15 $1.00 $8.00 $780.00 $1.40 $20,000.00 $274.40 $32.05 $32.05 $19.05 $1,111.05 $60.20 $981.55 $21.15 $5.10 $16.40 $0.01 $0.30 $327.65 $33,50 $315,05 $1,219.00 $6.05 $11,356.80 $874.50 $2,860.00 $528.60 $875,00 $0.00 $97,462.10 $1,310.50 $3,029.07 $11,322.60 $14,292.00 $4,414.75 $12,455.85 $3,155.55 $0.00 $49,980.32 $14,181.00 $0.00 $30,962.75 $1,699.20 $15,948.00 $3,110.00 $19,542.60 $22,306.63 $500.00 $15,072.00 $702.00 $14,112.00 $138,136.18 $390,667.99 $2,000.00 $274.40 $2,564.00 $5,769.00 $381.00 $1,111.05 $36.12 $981.55 $169.20 $1,866.60 $131.20 $0.00 $84.00 $15,368,12 $327.65 $10,351.50 $630.10 $1,219.00 $2,050.95 ) 6 1" CORPORATION STOP 8.00 EA 8.00 $30.05 $240.40 7 1" CURB STOP WITH CURB BOX 8.00 EA 8.00 $52.00 $416.00 8 MJ CIP FITTINGS 85.00 LB 85.00 $1. 25 $106.25 ------------ " $15,341.85 1 12" RCP CLASS 5 STORM SEWER 96.00 LF 94.00 $15.10 $1,419.40 2 15" RCP CLASS 5 STORM SEWER 24,00 LF 80.00 $20.15 $1,612.00 3 18" ARCH CLASS 3 STORM SEWER 366.00 LF 362.00 $24.00 $8,688.00 4 12" RC FLARED END SECTION 1.00 EA 1.00 $405.60 $405.60 5 15" RC FLARED END SECTION 1. 00 EA 1. 00 $450.30 $450.30 6 13" X 22" RC ARCH FL END SECT 1.00 EA 1. 00 $435.40 $435.40 7 CONST CONE TYPE CATCH BASIN 1.00 EA 1. 00 $882,95 $882.95 8 CABLE CONCRETE 128.00 SF 128.00 $5.65 $723.20 9 SILT FENCE 60.00 LF 60.00 $2.50 $150.00 10 OUTLET CONTROL STRUCTURE 2.00 LS 2.00 $1,616.30 $3,232.60 11 TOPSOIL BORROW 20.00 CY 33.00 $8.00 $264.00 12 SEEDING 100.00 SY 207.00 $2.00 $414.00 =========== $18,677.45 1 COMMON EXCAVATION 100,00 CY 0.00 $3.00 $0.00 2 GRANULAR BORROW (CV) 100.00 CY 0.00 $0.01 $0.00 3 SURM CONC CURB & GUTTER 595,00 LF 867.00 $4.55 $3,944.85 4 B618 CONC CURB & GUTTER 85,00 LF 85.00 $5.90 $501.50 5 AGGREGATE BASE CLASS 5 400.00 TN 400.00 $6.00 $2,400.00 6 SUBGRADE PREPARATION 3.00 RS 3.00 $100.00 $300.00 7 BIT BASE COURSE MIX 2331 T31 120,00 TN 123.53 $21. 00 $2,594.13 8 BIT WEAR COURSE MIX 2331 T41 80.00 TH 80.15 $24.15 $1,935.62 -' 9 CRS-1 BIT MATERIAL FOR TACK 65.00 GA 70.00 $1. 00 $70.00 10 RAISE MANHOLE FOR WEAR COURSE 1. 00 EA 1. 00 $150.00 $150.00 11 RAISE GATE VALVE FOR WEAR 1. 00 EA 1. 00 $125.00 $125.00 12 ROADSIDE SEEDING COMPLETE 0.20 AC 0.10 $980.00 $98.00 ------------ ------------ $12,119.10 ---------- ------------ SUBTOTAL - SHARON'S ADDITION $61,506.52 POND 'C' PUMPING FACILITY 1 POND 'C' PUMPING FACILITY 1. 00 LS 1. 00 $13,255.00 $13,255.00 BUNKER LAKE BOULEVARD FRONTAGE ROAD 1 MOBILIZATION 1. 00 LS 1. 00 $3,080,00 $3,080.00 2 CONN TO EXISTING MANHOLE 1. 00 EA 1. 00 $1,667.00 $1,667.00 3 8" PVC SDR 35 SS 10-12' 530.00 LF 648.00 $25.10 $16,264.80 4 8" PVC SDR 35 SS 12-14' 160.00 LF 100.00 $26.05 $2,605,00 5 8" PVC SDR 35 SS 14-16' 190.00 LF 100,00 $28.15 $2,815.00 6 8" PVC SDR 35 SS 16-18' 160.00 LF 167,00 $29.60 $4,943.20 7 8" PVC SDR 35 SS 18-20' 280.00 LF 303.00 $31. 85 $9,650.55 8 8" DIP CL 50 SS 18-20' 20,00 LF 20.00 $42.25 $845.00 9 CONST STD 4' OIA MANHOLE 4.00 EA 4.00 $1,172.90 $4,691.60 10 EXTRA DEPTH OF 4' OIA MH 15.00 LF 11. 90 $62.70 $746.13 \ 11 6" ON 8" PVC SOR 35 WYE BR 5.00 EA 8.00 $32.65 $261.20 J 12 6" PVC SOR 35 SERVICE PIPE 110.00 LF 226.00 $13.60 $3,073.60 13 6" PVC SDR 35 VERT SERV C/O 5.00 EA 9.00 $38.70 $348.30 14 TELEVISE SAN SEWER MAINS 1340.00 LF 1340.00 $0,30 $402,00 \ 15 12" WET TAP GATE VALVE 1. 00 EA 1.00 $1,400.00 $1,400.00 j 16 24" DIA CASING PIPE FOR WM 65.00 LF 65.00 $118.00 $7,670.00 17 12" DIP CL 50 WM THRU CASING 65.00 LF 65.00 $32.20 $2,093.00 18 12" DIP CL50 WATERMAIN 135.00 LF 284.00 $39.85 $11,317.40 19 6" MJ HUB HYDRANT 8'-6" 1. 00 EA 1.00 $1,281.55 $1,281.55 20 MJ DIP FITTINGS 540.00 LB 357.00 $1. 25 $446,25 21 27" RCP CLASS 3 STORM SEWER 430,00 LF 425.00 $26.50 $11,262.50 22 CONST 4' DIA STORM SEWER MH 2.00 EA 2.00 $1,114.35 $2,228.70 =---==-= SUBTOTAL - BUNKER LAKE BOULEVARD FRONTl\.GE ROAD $89,092.78 ====--====== GRAND TOTAL $1,036,454.65 " / \ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , \ , ) DATE: May 7, 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson, ~ ~ Engineering ITEM NO. Approve Final PaymenU94-10, 94-8, 94-5 31. The City Council is requested to approve the resolution accepting work and directing final payment to S. R. Weidema for Projects 94-10 (Jonathon Woods), 94-8 (Foxberry Farms) and 94-5 (SuperAmerica) for the improvement of sanitary sewer, watermain, street and storm sewer. J / \ / \ I J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO S.R. WEIDEMAN FOR PROJECT NOS. 94-10 (JONATHON WOODS). 94-8 (FOXBERRY FARMS) AND 94-5 (SUPERAMERICA), FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to a written contract signed with the City of Andover on October 18,1994, S.R. Weidema of Brooklvn Center. MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and "\ / BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this ...1!tL day of Mav , 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 10675/10673 Comm. No. 10639 122Q1 Cert. No. 1HFinal) St. Paul, MN, February 19 Owner To Citv of Andover. Minnesota " This Certifies that S. R. Wedima. Inc. , Contractor For Jonathan Woods (94-10), Foxberrv Farms (94-08), ~uperAmerica Add. Watermain (94-5) Is entitled to Five Thousand and 00/100 ----------------------------------------($ 5.000.00 ) ,19.2!- being IHFinaJ) estimate for partial payment on contract with you dated October 18 TOLTZ. KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS AND ARCHITECTS 1500 Piper Jaffray Plaza, 444 Cedar Street SI. Paul, Minnesota 55101-2140 tZ-~~~ Richard M. Odland. P.E. Received payment in full of above Certificate. CONTRACTOR ,19_ RECAPITULATION OF ACCOUNT PAYMENTS CREDITS \ / CONTRACT PLUS EXTRAS 857.7841.47 1 I I . +2.1011.78 +8.6471.00 +3.1541.13 + 1.5931.25 +5.4801.20 I I I I I I I I I I I I 1 878.7601.83 I I I I I 878.7601.83 ~n~~ct ~rice vlus extras I vi u~ ~llvmenu All previous credits Extrll No. " II Chanl1:e Order No.1 Olanl1:e Order No.2 Chanl1:e Order No.3 Change Order No.4 Change Order No.5 (Como.) Credit No. It n AMOUNT OF TIllS CERTIFICATE , \ .J Totals Credit Balance There will remain unpaid on contract after payment of this Certificate I 873.760183 5.0001.00 I 878.7601.83 I I 01.00 I I 878.7601.83 TOLTZ, KING, DUVALL, AllDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-planners Saint Paul, Minnesota 55101 " , j PERIODICAL ESTIMATE rOR PARTIAL PAYMENTS Estimate 1. 1~ 10675/ 10673/ Page 1 of 1 Corom. No. 10639 FINAL No.l1 Period Ending Februarv Jonathan Woods (94-10) Foxberry Farms (94-8) Superamerica Addn Watermain Andover. Minnesota S R Weidema. Inc " Project Location Contractor {94-51 Original Contract Amount $ 857.784.47 Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Change Order No. 1 \ Change Order No. 2 J Change Order No. 3 Change Order No. 4 Total Extra Amount Complete $ 863.264.67 $ $ $ 2.101. 78 $ 8.647.00 ~.154.13 $ 1.593 25 $ 15.496.16 Total Amount Earned This Est~ate $ 878.760.83 Less Approved Credits Less ~% Retained Less Previous Payments Total Deductions $ $ 0.00 $ 873.760.83 $ 873.760.83 Amount Due This Estimate $ 5.000.00 Contractor -' \. ~~~ Date 'i - J- <-/-7 Ie Engineer ~J4?7 CJ~ Richard M. Odland, P.E. p Date ~/Iq i~b / ' " / \ / \ J \ J " ~I Z' H' ~I ~ I : 1 ~ I ..., ~ I lfl I '" ... 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"".r:.. ~~~~:~~~ O!.(I)oboWWI-'....WOll.l1 .... OONWWcnobOO . ......... W 00....000000 CO OOCOOOOOOO \ '" '" '. - - ) ~ ~ .. 0 .. ~ 0 .. " ~ I '" Cl '" PI i :0 H \:) E; 0 H .. H 0 Z \ ) . ~I '" ~ I ... w "NI -J :1 w <X> 0 -J I 0 \ ./ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ,'-, ,-j AGENDA SECTION Non-Discussion/Consent Item DATE: May 7, 1996 ORIGINATING DEPARTMENT Scott Erickson, ~t, Engineering ITEM NO. Response to Council's Traffic Questions 3Q. At the April 16, 1996, City Council meeting the following traffic related questions were brought up during the Mayor - Council Input. The following information or response is provided to those questions. QUESTION #1. WHAT IS THE STATUS OF THE COUNTY UPGRADE OF THE INTERSECTION OF HANSON BLVD. AND BUNKER LAKE BLVD. Response: See attached information dated February 6, 1996. l) QUESTION # 2. CONCERNS REGARDING MOTORISTS PASSING ON THE SHOULDER OF BUNKER LAKE BLVD. WERE EXPRESSED. Response: See attached letter sent to Captain Len Christ at the Anoka County Sheriff's Office. . \ . / ~ - , CITY OF A1VDOVER REQUEST FOR COUNCIL ACTION DATE February 6. 1996 AGENDA SECTION r-..o. Discussion Item ORIGINATING DEPARTMENT ..).2- Scott Erickson.\!' L.. Engineering APPROVED FOR AGENDA ITEM r-..o. Anoka County Timetable! Reconstruction of Bunker Lake Boulevard BY: If) , On Tuesday, January 30, 1996, a meeting was held with the Anoka County Highway Engineer (Mr. Jon Olson), Anoka County Commissioner Berg, the Mayor and Staff to discuss the timetable for the reconstruction of Bunker Lake Boulevard. Mr. Olson indicated the upgrade of Bunker Lake Boulevard from Round Lake Boulevard to Hanson Boulevard is identified in their 2010 plan, but is not identified in the County's 5 year improvement plan. He noted that at this time it is not planned to move Bunker Lake Boulevard up in their schedule. It is .~ currently identified in the 95-2005 time frame. \ ) Mr. Olson indicated that the designation of Bunker Lake Boulevard as a County State Aid Route allows the County to generate additional needs money from the State, but it will not result in Bunker Lake Boulevard receiving a higher priority on their capital improvement list. Attached is a map depicting the section of Bunker Lake Boulevard which was discussed. It was indicated that when it is reconstructed they will be looking at a 4 lane divided highway widened from 44 feet to 88 feet, at an estimated project cost of $4.7 million. Mr. Olson also noted that the County will be receiving Hazardous Elimination Safety Funds to reconstruct the intersection of Hanson Boulevard and Bunker Lake Boulevard, This would include the construction of medians. turn lanes and signalization at this location. It is expected the funding will be available for this project in 1998 j ! ,~~ MOTION BY: SECOND BY: .-- '- CITY of ANDOVER \- --." 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 May 1, 1996 Captain Len Christ Anoka County Sheriff's Office 325 Jackson Street Anoka, MN 55303-2210 Dear Captain Christ: '1 '__J At the April 16, 1996, City Council meeting the Council indicated a concern regarding traffic passing on the shoulders of Bunker Lake Blvd. Both the City Council and City Staff have receive a number of calls and concerns from residents regarding the prevalence of this occurrence. We would appreciate if you could provide some additional attention and enforcement of this occurrence as appropriate. Sincerely, Y;;!~L Scott Erickson, P.E. City Engineer SE:rja ~ / CITY OF ANDOVER REQUEST FOR COUNCil ACTION ITEM NO. Approve Quotes/93-7/Bleacher Pads/ City Hall Park Complex #2 CtS. DATE: May 7, 1996 ORIGINATING DEPARTMENT Todd J. Haas~/ Parks ? ' AGENDA SECTION Non-Discussion/Consent Item The City Council is requested to accept quotes and make payment in the amount of $7,000,00 to Moer Homes for the construction of concrete bleacher pads and kiosk area for the Field of Dreams (City Hall Park Complex #2). The funding for this work was budgeted for in the Park Capital Budget. Moer Homes $1.90 sq. ft. Country Concrete $2.00 sq. ft. Dodge Concrete $2.00 sq. ft. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: May 7, 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott .Eric~SOnL\l Englneenng OJ ITEM NO. Approve Landscape Quotes/Parking Lots & Center Median/93-7/City Hall Park Complex #2 '\0 CU\, The City Council is requested to approve quotations and award a quote to TreeMendous, Inc. in the amount of $4,148.18 for landscape plantings to be installed in the center parking lot islands of City Hall Park Complex #2 (Field of Dreams). The Parks Department will install the landscaping. The quotes received are as follows: TreeMendous, Inc. Minnesota Valley Wholesale, Inc. $4,148.18 $4,709.96 The funding for this is proposed to be from TIF funds. ~ May 7,1996 Add-On Non-Discussion: Approve Bids for Mowing Services Planning Jeff Johnson Staff is requesting approval for the following bid for mowing services (1996 Season - June 1 through October 31). One bid was received on May 6, 1996. Bid Award To: James Green Well Groomed Lawns Inc. 2855 161st Avenue NW Andover, MN 55304 Bid No.1 - Weed/Grass (in excess of one foot) Violations Hourly Rate: $105.00 per hour Bid No.2 - City Owned Property Fire Stations No.1 and No.2 Other Five (5) City Owned Properties - $140.00 per week - $265.00 hi-weekly If contractor is awarded bid, staff will provide Council with the following information at the May 21, 1996 City Council meeting: 1) Contract for Mowing Services (including total costs) 2) A Mowing Schedule DATE: April 25, 1996 TO: City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 FROM: Well Groomed Lawns, Inc. 2855-161st Avenue NW Andover, MN 55304 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 underdeveloped 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. This will be done at an hourly rate of $105.00 per hour. 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 Blvd. NW., Andover, MN. This will be done at the rate of $82.00 per time. 2) Fire station No.2 - 16541 Valley Drive NW., Andover, MN. This will be done at the rate of $58.00 per time. 3) staples Cemetery - 16094 7th Avenue NW., Andover, MN. This will be done at the rate of $44.00 per time. \ 4) Pumphouse No.1 - 3489 138th Court NW., Andover, MN. This will be done at the rate of $66.00 per time. 5) Pumphouse No.3 - 13737 Vale street NW., Andover, MN. This will be done at the rate of $35.00 per time. 6) Cedar Crest Park - Cedar Crest Estates Second Addition - Block 2. This will be done at the rate of $76.00 per time. 7) Crosstown Drive Sidewalk - PIN #33-32-24-14-38 (sidewalk area - thirty (30) feet from edge of curb). This will be done at the rate of $44.00 per time. 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 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 of Insurance 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 Blvd. 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 Contract 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 mowing. 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 Blvd. NW., Andover, MN 55304. The city reserves the right to reject any and all quotations and to hold them for thirty (30) days. Thank you for the opportunity to present this to you. We look forward to doing business with you. DATE: City of Andover ) DATE: Well Groomed Lawns, Inc. ~ DECLARATIONS COMMERCIAL GENERAL L1Jl13IL1TY DTRUCK INSURANCE EXCHANGE' DMID-CENTURY INSURANCE COMPANY 5UFARMERSINSURANCE EXCHANGE MEMBERS OF FARMERS INSURANCE GROUP OF COMPANIES HOME OFFICE: 4680 WILSHIRE BLVD., LOS ANGELES CALIFORNIA 90010 I LID POLICY o COVERAGE PART 1. Named Insured Mailing Address . WELL GROOMED LAWNS INC 2855 161ST AVE NW F.FiFi1R!;!; Prematic Acc't No. 1~-RI;-~L11 Agent Fi01?7-?,I;-FiR Policy Number ANDOVER MN'55303 The named insured is an individual unless otherwise stated Type of . o Partnership [Xl C~. Business LANDSCAPING o Joint Venture U Organization (Other than Partnership or Joint Venture) 2. Policy period from OS/23/95 (not prior to time applied for) to OS/23/96 12:01 am. Standard Time If this policy replaces other coverages that end at noon standard time on the same day this policy begins; this policy will not take effect until the other coverage ends. This polley will continue for successive polley periods as follows: If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. LIMITS OF INSURANCE General Aggregate Limit (Other Than Products-Completed Operations) Products Completed Operations Aggregate Limit Personal & Advertising Injury Limit Each Occurrence Limit Fire Damage Limit Medical Expense Limit $ $ $ $ $ $ $ F- OACTIVE DATE (Applies only when Claims - Made form CG 00. 02 is attached.)Coverage A of this insurance does not apply to bodily injury" or "property damage" which occurs before the Retroactive Date, if any. Retroactive Date: . (enter Date or "none" if no Retroactive Date applies) LOCATION OF ALL PREMISES YOU OWN, R~NT OR OCCUPY: (Same as mailing address unless ot~erwise shown) 500,000 500;000 500,000 50,000 '5,000 ANY ONE FIRE ANY ONE PERSON (A) Area (C) Total Cost (M) Admissions (P) Payroll (S) Gross Sales (U) Units CLASS "PREMIUM 'X' IF LOCATION CLASSIFICATION CODE BASIS EXPOSURE COVERED RATE o 0 1 LANDSCAPE GARDENING 97047. P X Premises/Operations o 0 1 INCLUDES PROD AND/OR COItP OPS Products/Completed- Ooperatlons Other (T) Other ADV!'oNCE PREM. (MOl' be subject to edlustment) aPremlses/operations Products/Completed Ooperalions Other INCLUDES EXPERIENCE MODIFICATION AND/OR PACKAGE CREDIT IF APPLICABLE. 'MINIMUM PREMIUM APPLIES ENDORSEMENTS ATTACHED TO THIS POLICY: E0022-ED1 CG24021185 E0207-ED1 IL00171185 IL00211185 IL00030689 IL02450195 CG00011093 CG214610g3 CG21471093 E6036-ED1 CG26051093 Ctersigned 5Jx)q~ I (o'ate) By '::! O&vJ~ (Authorized Representative) & 5&-S171 2ND EDITION 4-3-89 K-91 " LJ (9) IRUCK INSURANC~ LXI (7) MID.CENTURY INSURANCE 0 (2) FARMERS INSURANCE EXCHANGE.' B244 COMPANY,12!J9B EXCHANGE,l7744 (An Inter-In'iurance Exchange (A Stock. Insur<Jnce (An Inter-Insurance Exchange hereinafler Sometimes Relerred Company herein hereinafter Sometimes Referred To As Company) Called the Company) To As Company) Home Office: 4680 Wilshire Blvd" Los Angeles, California 90010 Phone: (213) 932,3200 OAR 'Jorkers :ompensation nformation Pags ') N2220-24-68 00 1995 I. Insured WELL GROOMED LAWNS INC Mailing Address 2855 161 ST AVE NW Policy No 0' ft.. Co X'd _bOW Policy V..r AURORA RO R.newel of Policy No '..uinll Offlc, 13-85-341 ANDOVER MN 55303 Avent Rilk Identlfication No. UNKNOWN Identlf.catlon No 411814456 UNKNOWN Fed.rel Ide"uficltlon No. Unemployment Account No Legal Entity: 0 IndividualD Partnership ~ Corporation 0 Jther workplaces not ;hown above: 2855 161 ST AVE NW ANDOVER MN 55303 ) Policy Period: From 10/11/95 to 10/11/96 12:01 A,M. Standard Time at the insured's mailing address. l. A. Workers Compensation Insurance: Part One of this policy applies to the Workers Compensation Law of the states listed here: MINNESOTA B. Employers liability Insurance: Part Two of the policy applies to work in each state listed in item 3A. The limits of our liability under Part Two are: Bodily Injury by Accident $ 1 00, 000 each accident Bodily Injury by Disease $ 1 00,000 each employee Bodily Injury by Disease $ 500, 000 policy limit 'other States Insurance. Part Three of the policy applies to the states. if any. listed here: "All states except Nevada. North ,'Oakota. Ohio, Washington. West Virginia. Wyoming. states designated in item 3A of the Information Page and Other I. The premium for this policy will be determined by our Manuals of Rules. Classifications. Rates and Rating Plans. All inlormation required below is subject to verification and change by audit. $ $ SEE $ SEE $ SEE 1 ,328. 00 INVOICE INVOICE INVOICE Total Deposit Premium Cash Received Other Credits BALANCE DUE Classification of Operations Premium Basis Rates Estimated Per $100 Estimated Code No. Total Annual of Remu- Annual Remuneration neration Premium SEE CLASSIFICATION OF OPERATIONS SCHEDULE v1inimum 'remium $ 500.00 Total Estimated Annual Premium $ 1 ,328. 00 Expense Constant $ 85. 00 D Semi-Annually D Quarterly D MonthlyD Level Premium . Plan f indicated, interim adjustments of premium shall be made: This policy includes these endorsements and schedules: 91 - 5112 IvC220601A WC000404 91-5048 :ountersigned Authorized Representative ;; 51]01 :i'NO E[')ITIQN (81 '0 >I~ (we 00 00 o~ A (0 ~ 881 COPYrlljJht 1987. N.tlronll Council on Camp.nUIIO" Insurllnc. 19117 uud WIth Its p.,mISSIO" F.'" PI."e , of 1 ~~~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 NOTICE CITY OF ANDOVER LOAD LIMIT REMOVAL The seasonal load limits for the City of Andover are no longer in effect as of May 13, 1996. c;4//LL~ Scott Erickson, P.E. City Engineer cc: Mayor and City Council Anoka County Sheriff's Office Andover Deputies Post at City Hall Frank Stone David Almgren Moody's Rating: Standard & Poor's Rating: Preliminary Official Statement (Dated April 23, 1996) City of Andover, Minnesota (Anoka County) $2,055,000 General Obligation fix Increment Bonds of 1996 InteleSt Payable: 2-1-97 and senU""",,"lIy thereafter Call Option: 8-1-03 at 100 .. . , . ..... . MIl , . ~ . $1,230,000 General Obligation Crossover Refunding Bonds of 1996 Interest Payable: 2-1-97 and semiannaully thereafter Call Option: Noncallable , . $600,000 General Obligation Improvement Bonds of 1996 Interest Payable: 2-1-97 and semiannaully thereafter Call Option: 8-1-99 at 100 REGISTRATlONI800KENTRY: This offering will be issued IS fuI1yrcgistmdBonds and, whenissucd, will bercgistmdinlhe nmneofCede &: Co., IS nomin....ofThe Deposillll'y TrustCamp&ny, New Y 0It. New YOIt. to which prinicpal and interest paymenlS on lheBonds will bemade. Individual pardIMcs will belUdcin book-mtry Conn only, in lheprincipal unountofSS,OOOOl' IIIl)' wholemulilple thaeof. Purchuen of Bonds will DOt ra:eive physical cIeJivery ofboad cerlificates. Pleue see "Book-Enay Only Systmn" herein fOl' additional information. DATE, TIME and ~ Tuesday, May 21, 1996 7:00 P.M., C,T. City Hall 1685 Crosstown Boulevard NW Andover, Minnesota 55304 1st !be opinion of BrillS IDli Morpn, Profenional A,,,,,,,;.,;...,. Band CeuueI. baed on praeIIt federallDli MinaeIala JaWl, "OIlS. ru1iDas IIICI cIocisionl. . die lime of their is_1Dli oIeIiveIy 10 die onp.t.... ' , interest on die beads is exduded fIom JIOII iDcGme for JlUIPOICI of United Slales income lUlIICI is excluded. 10 die _-. ill '. A',. bolh JIOIIIDli IU.abIe net iDcome for~ of SWe of MiaDaola income lU (olher 1h8II MinDesola fnmchise lUes measuaed by incoam _ impated on COIJIOIaIioas IDli finInciaI insIituIionl). __ ClIldle bcads is _.. iIcm of lU paf_ for JlUIPOICI of die 8IIemmve "'..--- lU impoIed ClIl iadividaals IIICI CXIIJICIdIions: ho_er, inIeIest ClIldle beads is Iaten inlo IlCCOIJIIl for die pmpose of *'-..., ........ __..... forpupllll of ,.,.,.,.....lhe federalllrenwive IIIiDiDw lU imposed ClIl COIpCIIalions. No opinion will be lUpICIsed by Band c-et ......odIer _ or federallU .........-- caased by dlencoipl or acaua1 of iderest on die bcads or arisina wilh I1lIpCClIO ownership of die bonds. See"Tu ~.....,.w. .... 0Iber Tu CClIllidenlions" be1ein. ~ . --ll . 1 . , DATE, TIME and . - ~ Tuesday, May 21, 1996 11:00 A.M., C.T. Juran & Moody, Inc. . -, . , .. . , . i . ~ '~ Juran & Moody, Inc. , . MinnesoIa Mutual Life Building, 400 North Robert Stn:ct, Suite 800, St, Paul, Minnesota 55101 (612) 224-1500 .. ~ n LJ ...., LJ TABLE OF CONTENTS ...., LJ Summaries of Offering.. .. . . .. .. .. . .. . . .. . .. . . .. .. .. .. . .. .. . . . . . .. . .. . .. . .. .. . .. . . . .. . .. . .. . . .. .. . Principal City Officials............................................................................ Issuer's Certificate....... ........................................................................... Official Terms of Bond Sale.................................................................... Authority and Security for the Bonds ..................................................,...... Purposes.....................,....................................................................... . Statutory Debt Limit. .,... ....... ... .... ... ...,.... .... ... ... ... ........... ....... .... ... .,... ..... Estimated Source and Application of Funds.................................................. Future Financing..........................................,......................................... Bond Rating......................................,.................................................. litigation................................................................................,........... . Certification.........,.........................................................,..................... . Legality............................,..............................,.................................. . Continuing Disclosure ....................,..,..""..,..........,..........................,...... Book-Entry Only System......................................................................... Tax Exemption and Other Tax Considerations............................................... Tax-Exempt Obligations... .. .. .. .. . .. . . .. .. . . . .. . .. . . .. . .. .. .. . . .. . . .. . .. . .. . . .. .. .. . .. . .. . . . . .. .. The City of Andover (General Information) .................................................. Minnesota Valuations, Tax Credits and Levy limitations ................................. The City of Andover (Economic and Financial Information) ..........,.................. Summary of Debt and Debt Statistics......................................................... Appendix A - Continuing Disclosure..................,....................................... Appendix B - Proposed Form of Legal Opinion........................................... Appendix C - Excerpts from the Financial Report ......................................... Combined Balance Sheet - All Fund Types and Account Groups.................. Combined Statement of Revenue, Expenditures and Changes in Fund Balance - All Governmental Fund Types and Expandable Trust Fund.......... Combined Statement of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual - General and Debt Service Funds................ Combined Statement of Revenue, Expenses and Changes in Retained Earnings - Proprietary Fund Types.......................................... Combined Statement of Cash FlowsnProprietary Fund Types....................... Notes to Combined Financial Statements................................................. Worksheets.......................................................................................... . Proposal Forms..................................................................................... n LJ ...., ...J ...., LJ ...., LJ ...., LJ ...., ...J I ...J ...., u ...., L.J ...., u ., LJ ...., LJ I LJ ...., u ...., U ...., u 2- 4 5 6 7- 23 24 25 25 26- 28 29 29 29 29 29 30 31 32- 33 33 34- 38 39- 41 42- 49 50 51- 57 58- 63J65 66- 69 70- 71 72- 73 74 75 76-101 102-104 105-110 ,-, SUMMARY OF OFFERING L 1 GENERAL $2,055,000 OBLIGATION TAX INCREMENT BONDS OF 1996 (Book Entry Only) ..--. L' AMOUNT - $2,055,000, ..--. ISSUER - City of Andover. Minnesota, SALE DATE - Tuesday, May 21,1996. OPENING - 11:00 A.M.. Central Time. at Juran & Moody,lnc.. Minnesota Mutual Life Building, 400 North Robert Street, Suite 800, St. Paul, Minnesota 55101-2091. AWARD - 7:00 P.M., Central Time at the Andover City Hall. 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304-2612. TYPE OF ISSUE - General Obligation Tax Increment Bonds of 1996. (See Authority and Security for the Bonds and Estimated Source and Application of Funds for further details.) SECURITY & PURPOSE - These bonds are being issued pursuant to Minnesota Statutes. Chapters 469 and 475. The bonds are payable primarily from increases in assessed valuation within Development District No. 1 and are additionally secured by ad valorem taxes on all taxable property within the City and without limitation of amount. The proceeds of these general obligation tax increment bonds. dated June I, 1996. will be used to finance certain capital and administration costs of Development District No. I within the City of Andover, Minnesota. LI " LJ ,-, '---' ..--. L 1 DATEOFISSUE- June 1.1996. INlEREST PAYABLE DATES - February I, 1997, and semiannually thereafter on August I and February I to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. ,-, '---' MATURITIES - " 08101/97 08/01/98 08101/99 08101100 $40,000 65.000 70.000 80,000 08101/01 08101/02 08/01/03 $85,000 95,000 105,000 0810 1/04 08101/05 08/01/06 $115,000 125,000 140,000 08101/07 08/01/08 08/01/09 $150.000 165.000 180.000 08/0111 0 08/0 1/11 08/01/12 $195,000 215,000 230,000 L1 " AVERAGE MATURITY - 10.61922 years. LJ REDEMPTION FEATURE - At the option of the Issuer, bonds maturing after August I, 2003 shall be subject to prior payment. on said dale. and any interest payment date thereafter. at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid, DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered of certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. BOOK ENTRY SYSTEM: The Bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year. will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer to DTC or its nominee as registered owner of the bonds, Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the bonds. will be required to deposit the bond certificates with DTC, PAYING AGENT, FITSt Trust National Association, St. Paul. Minnesota. METHOD OF SALE - Sealed proposals only for not less than $2,024.175. Good faith check or a Financial Surety Bond for $41,100 must accoJ:Ilpany the proposal. ..--. L 1 ..--. L , ,-, '---' ..--. L 1 r. '---' ..--. TAX DESIGNATIONS- L1 Private Activitv Bnnds - These bonds are not "private activity bonds" as defined in ~141 of the Internal Revenue Code of 1986, as amended (the Code). ,-, Oualified Tax-Exemnt Obligations - The Authority will designate these bonds "qualified tax.exempt obligations" for purposes of ~265 (b) (3) of the Code. L' LEGAL OPINION - Briggs and Morgan, Professional Association, Sl. Paul and Minneapolis, Minnesota. RATING - The City's current general obligation bond rating is "Baal" from Moody's Investors Service. Inc. The City huapplied to Moody's Investors Service, Inc. and Standard & Poor's Corporation for a rating on this issue as well. ..--. '---' ESTIMATED CLOSING DATE - June 10. 1996. PRIMARY CONTACT - Richard Fursman. City Administrator. (612) 755-5100 Jean McGann. City Finance Director (612) 755-5100. Thomas P. Truszinski, Juran '" Moody, Inc., (612) 224-1500 or (800) 950-4666. - 2 - ,-, LJ " L 1 ..., LJ ..., LJ GENERAL OBLlGA TION SUMMARY OF OFFERING $1,230,000" CROSSOVER REFUNDING (Book Entry Only) BONDS OF 1996 --, L.J AMOUNT - $1.230,000", ,..., U ISSUER - City of Andover, Minnesota, SALE DATE - Tuesday. May 21, 1996. OPENING - 11:00 A.M.. Central Time, at Juran & Moody, Inc.. Minnesota Mutual Life Building, 400 North Robert Street, Suite 800. SI. Paul. Minnesota 5510 1-2091. AWARD - 7:00 P.M.. Central Time at the Andover City Hall. 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304-2612. TYPE OF ISSUE - General Obligation Crossover Refunding Bonds of 1996. (See Authority and Security for the Bonds and Estimated Source and Application of Funds for further details.) SECURITY & PURPOSE - These bonds are being issued pursuant to Minnesota Statutes, Chapter 475. The bonds are payable primarily from special assessments and are additionally secured by ad valorem taxes on all taxable property within the City and without limitation of amount. The proceeds of these general obligation crossover refunding bonds, dated June I, 1996, will be used to finance the crossover refunding of the $3,200,000 General Obligation Improvement Bonds, Series 1989A. dated July I. 1989. Refunded maturities of 1998 through 2002 in aggregate of $1,200,000 will be called for redemption on August I, 1997. at par plus accrued interesl. DATE OF ISSUE - June I, 1996. ..., :..J ..., U ..., ...J INTEREST PAYABLE DATES - February I, 1997. and semiannually thereafter on August I and February I to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. ..., U MATURITIES" - 08101/98 $315,000 08101/99 $315,000 08/01/00 $300,000 08101/01 $300,000 ..., A VERAGE MATURITY - 3.64228 years. --, U REDEMPTION FEATURE - All bonds shall be without the option of prior payment. BOOK ENTRY SYSTEM: The Bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate. representing the aggregate principal amount of the bonds maturing in each year. will be registered in the name of Cede & Co.. as nominee of The DepositoI)' Trust Company. New York, New York. which will act as securities depositoI)' of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer to DTC or its nominee as registered owner of the bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivel)' of the bonds, will be required to deposit the bond certificates with DTC. u ..., u ..., L.J PAYING AGENT - First Trust National Association. SI. Paul, Minnesota. METHOD OF SALE - Sealed proposals only for not less than $1,217,700. Good faith check or a Financial Surety Bond for $24,600 must accompany the proposal. ..., U TAX DESIGNATIONS- ..., Private Activitv Bonds - These bonds are not "private activity bonds" as defined in U41 of the Internal Revenue Code of 1986, as amended (the Code). Oualified Tax-Exemnt Obli2ations - The Authority will designate these bonds "qualified tax-exempt obligations" for purposes of ~265 (b) (3) of the Code. u ..., LJ LEGAL OPINION - Briggs and Morgan. Professional Association, SI. Paul and Minneapolis. Minnesota. RATING - The City's current general obligation bond rating is "Baal" from Moody's Investors Service. Inc. The City huapp1ied to Moody's Investors Service. Inc. and Standard & Poor's Corporation for a rating on this issue as well. u ESTIMATED CLOSING DATE - June 10, 1996. PRIMARY CONTACT - Richard Fursman, City Administrator. (612) 755-5100 Jean McGann, City Finance Director (612) 755-5100. Thomas P. Truszinski. Juran & Moody. /nc.. (612) 224-1500 or (800) 950-4666. .., --, u ..., L.J * The Issuer reserves the right to increase or decrease the principal amount maturing in any year. Any increase or decrease in the principal amount of the issue will not exceed $10,000. In the event the size of the issue is increased or decreased, the premium or discount will be calculated on a pro rata basis. _ 3 _ ..., '-.J r-. L' SUMMARY OF OFFERING AMOUNT - S600.000. $600,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1996 (Book Entry Only) r-. L' ~ ISSUER - City of Andover. Minnesota. SALE DATE - Tuesday, May 21.1996. OPENING - 11:00 A.M., Central Time, at lumo & Moody, Inc., Minnesota Mutual Life Building. 400 North Robert Street, Suite 800. St. Paul, Minnesota 55101-2091. L J r, AWARD - 7:00 P.M.. Central Time at the Andover City Hall. 1685 Crosstown Boulevard Northwest. Andover, Minnesota 55304-2612. TYPE OF ISSUE- General Obligation Improvement Bonds of 1996. (See Authority and Security for the Bonds and Estimated Source and Application of Funds for further details.) SECURITY & PURPOSE - These bonds are being issued pursuant to Minnesota Statutes. Chapters 429 and 475. The bonds are payable primarily from special assessments on all benefited property within the City and are additionally secured by ad valorem taxes on all taxable property within the City and without limitation of amount. The proceeds of these general obligation improvement bonds, dated June I. 1996, will be used to finance various improvements within the City including but not limited to streets, sanitary sewer. water main, stonn sewer. sidewalks and curb & guller. LJ .-. L-.l ~ L-.l DATE OF ISSUE- lune 1,1996. INTEREST PAYABLE DATES - February I, 1997, and semianoually thereafter on August I and February I to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. ,-, LJ MATURITIES - rl 08101197 08101198 S50.000 55,000 08101199 08101100 S55,OOO 60,000 08/0110 I 08101102 S60.000 65,000 08101103 08101104 S65.000 70,000 08/01105 08101/06 S70,OOO 50,000 LJ AVERAGE MATURITY - 5.83333 years. rl REDEMPTION FEATURE - At the option of the Issuer. bonds maturing after August I. 1999 shall be subject to prior payment. on said date. and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered of certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. BOOK ENTRY SYSTEM: The Bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered fonn and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year. will be registered in the name of Cede & Co.. as nominee of The Depository Trust Company, New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of S5.000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest nee payable by the Issuer to DTC or its nominee as registered owner of the bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the bonds. will be required to deposit the bond certificates with DTC. PAYING AGENT - First Trust National Association, St. Paul. Minnesota. METHOD OF SALE - Scaled proposals only for not less than S591,OOO. Good faith check or a Financial Surety Bond for SI2,OOO must accompany the proposal. LJ ..... L , ,-, "--' r-. LJ ,-, L . ,-, L' TAX DESIGNATIONS- ..., Private Activity Bonds - These bonds are not "private activity bonds" as defined in U41 of the Internal Revenue Code of 1986. as amended (the Code). L' Oualified Tax-Exemnt Ohli~ations, The Authority will designate these bonds "qualified lax.exempt obligations" for purposes of ~265 (b) (3) of the Code. r, LEGAL OPINION - Briggs and Morgan. Professional Association, St. Paul and Minneapolis, Minnesota. RATING - The City's current general obligation bond rating is "Baal" from Moody's Investors Service, Inc. The City hl!1applied to Moody's Investors Service, Inc. and Standard & Poor's Corporation for a rating on this issue as well. LJ .-. ESTIMATED CLOSING DATE - June 10, 1996. PRIMARY CONTACT - Richard Fursman. City Administrator, (612) 755-5100 lean McGann. City Finance Director (612) 755-5100. Thomas P. Truszinski, Juran & Moody, Inc., (612) 224-1500 or (800) 950-4666. L J ,-, L' - 4 - ,-, ~ . .., LJ .., L.J .., u .., ~ .., ...J .., LJ J.E. McKelvey Bonnie Dehn .., ...J Don Jacobson .., u Mike Knight John Kunza .., ...J ..., ...J Richard Fursman .., ~ Jean McGann Victoria V olk .., ...J Shirley Clinton William G. Hawkins .., L.J Scott Erickson .., ...J .., u ....., L.J ....., u .., ;.j ....., -...J CITY OF ANDOVER PRINCIPAL CITY OFFICIALS Elected Officials City Council Mayor Council Member Council Member Council Member Council Member Appointed Officials City Administrator Finance Director City Clerk City Treasurer City Attorney City Engineer Bond Counsel Briggs and Morgan, Professional Association St. Paul and Minneapolis, Minnesota Bond Consultant Juran & Moody, Inc., St. Paul, Minnesota - 5 - 01/01/97 01/01/99 01/01/97 01/01/97 01/01/99 ...., ISSUER'S CERTIFICATE L . ...., This Preliminary Official Statement has been prepared in conformance with the Disclosure Guidelines for offerings of municipal securities as promulgated by the Municipal Finance Officers Association of the United States and Canada, insofar as possible. The City of Andover has retained the firm of Juran & Moody, Inc., St. Paul, Minnesota, to serve as financial advisor with respect to the securities being offered in this Preliminary Official Statement. All statements contained herein, while not guaranteed, have been compiled from sources believed to be reliable in all material respects. L' ...., LJ ...., LJ Financial statements of the City are audited annually by an independent firm of certified public ac- countants. Excerpts from the financial statements for the year ended December 31, 1995, along with comparative December 31, 1994 figures, are included in this Preliminary Official Statement and complete financial statements are available for inspection at the Andover City Hall as well as at the St. Paul office of Juran & Moody, Inc. ...., L' ...., LJ The City of Andover has always promptly met all payments of principal and interest on its in- debtedness when due. ...., LJ ~ L' ,--, '--' ,-, L , ...., L , ...., L' ...., L' ...., . , ...., L' ,--, '--' ...., L' ...., THE DATE OF THIS PRELIMINARY OFFICIAL STATEMENT IS APRIL 23, 1996. - 6 - L , ...., L' ., L1 -, ~ ..., OFFICIAL TERMS OF BOND SALE u -, $2,055,000 GENERAL OBLIGA~ION TAX INCREMENT BONDS OF 1996 u ..., ...J CITY OF ANDOVER ANOKA COUNTY MINNESOTA ..., ~ (Book Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: ..., ...J TIME AND PLACE: Sealed proposals will be opened by the City Clerk, or designee, on Tuesday, May 21, 1996, at 11:00 A.M., Central Time, at the offices of Juran & Moody, Inc., 400 North Robert Street, Suite 800, in Saint Paul, Minnesota 55101- 2091. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Andover City Hall beginning at 7:00 P.M., on the same day. -; u ..., L1 ..., ...J ..., "...J BOOK ENTRY SYSTEM: The bonds will be issued by means of a book entry system with no physical distribution of 'bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer to DTC or its nominee as registered owner of the -, ...J ..., u ..., L1 ..., u ..., L1 ..., U ..., U 318408.1 -, L1 - 7 - bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. DATE OF ORIGINAL ISSUE OF BONDS: June 1, 1996. PURPOSE: For the purpose of providing funds to finance certain capital and administra- tion costs of Development District No. 1 within the Issuer. INTEREST PAYMENTS: February 1, 1997, and semiannually thereafter on February 1 and August 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. MATURITIES: August 1 in each of the years and amounts as follows: Year Amount 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 $ 40,000 65,000 70,000 80,000 85,000 95,000' 105,000 115,000 125,000 140,000 150,000 165,000 180,000 195,000 215,000 230,000 318408.1 - 8 - .-, L , .., L , ...., LI ,.., LJ ,.., LJ ,..., L I ,.., LJ ...., LJ ,.., L I ...., L I ,..., L I .., L J ...., L I ...., LI ,..., LI ,..., LI ...., LI ...., L' .., C I ..., ~ -, ~ REDEMPTION: At the option of the Issuer, bonds . maturing after August 1, 2003, shall be subject to prior payment on said date, and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. ..., U ..., L1 ..., ...J ..., ....J ..., ...J ..., u ..., :...J ..., ~ CUSIP NUMBERS: If the bonds qualify for assignment of CUSIP 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 shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. ..., "...J ..., :..J ..., LJ ..., L.J DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. ..., u ..., LJ ..., L1 .., ,..J 318408.1 ..., ....J - 9 - TYPE OF PROPOSAL: Sealed proposals of not less than $2,024,175 and accrued interest on the principal sum of $2,055,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit") in the amount of $41,100, payable to the order of the Treasurer of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Juran & Moody, Inc., and addressed to: Shirley Clinton, Treasurer Andover City Hall 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304-2612 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 Issuer. Such bond must be submitted to Juran & Moody, Inc. prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody, Inc. in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody, Inc. 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 Issuer to satisfy the Deposit requirement. The Issuer 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 318408.1 - 10 - ...., LJ ,..., LJ ...., LI ,.., LJ ,..., L 1 ,..., II ,.., LJ ,.., LJ n LI ...., L I ,..., u ,..., LI ,..., LJ ,..., LJ ,..., LI n LJ ...., LJ n L.\ ,.., L I ..., ~ .., ....J ..., u ..., L1 ..., RATES: ...J .., ....J ..., ...J ..., INFORMATION FROM PURCHASER: u ..., :...J .., ....J .., QUALIFIED TAX EXEMPT OBLIGATIONS: L1 .., L.l CONTINUING DIS- CLOSURE UNDERTAKING -, L1 .., L1 ..., u AWARD: .., :...J -, u -, ....J 318408.1 ..., ..J event the purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the bonds is adjourned, recessed, or continued to another date without award of the bonds having been made. All rates must be in integral multiples of 1/20th or 1/8th of 1%. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. The successful purchaser will be required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. The Issuer will designate the bonds as qualified tax exempt obligations for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. The Issuer will covenant in the resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2-12. Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. - 11 - ...., L I The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. LI ,.., Dated: April 16, 1996. ...., BY ORDER OF THE CITY COUNCIL LI Isl Vicki Volk City Clerk ,.., LJ ,.., Additional information may be obtained from: LI ,.., JURAN & MOODY, INC. Minnesota Mutual Life Building 400 North Robert Street Suite 800 St. Paul, Minnesota 55101-2091 Telephone No.: (612) 224-1500 l I ,.., LJ ,..., LJ ,.., L' ...., L I r' L I ,..., LJ ,..., LI ,.., LI ...., " .., L I ~ L' ,..., 318408.1 L' - 12 - ,.., , , ..., u .., ....J .., ...J OFFICIAL TERMS OF BOND SALE ..., $1,230,000 GENERAL OBLIGATION CROSSOVER REFUNDING BONDS OF 1996 ~ .., ...J CITY OF ANDOVER ANOKA COUNTY MINNESOTA .., (Book Entry Only) --J ...., NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: ...J TIME AND PLACE: Sealed proposals will be opened by the City Clerk, or designee, on Tuesday, May 21, 1996, at 11:00 A.M., Central Time, at the offices of Juran & Moody, Inc., 400 North Robert Street, Suite 800, in Saint Paul, Minnesota 55101- 2091. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Andover City Hall beginning at 7:00 P.M., on the same day. ..., L1 ..., :...J .., ...J -, BOOK ENTRY SYSTEM: The bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer to DTC or its nominee as registered owner of the ...J -, L.l -, U ..., :...J ...., L1 ..., u -, L1 318474.1 .., L1 - 13 - .., ..J bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. DATE OF ORIGINAL ISSUE OF BONDS: June 1, 1996. PURPOSE: For the purpose of providing funds sufficient for a crossover refunding on August 1, 1997, of the Issuer's General Obligation Improvement Bonds, Series 1989A, dated July 1, 1989, which mature on August 1, 1998, and thereafter. February 1, 1997, and semiannually thereafter on February 1 and August 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. August 1 in each of the years and amounts as follows: INTEREST PAYMENTS: MATURITIES: Year Amount 1998-1999 2000-2001 $315,000 300,000 All dates are inclusive. The Issuer reserves the right to increase or decrease the principal amount maturing in any year. Any increase or decrease in the principal amount of the issue will not exceed $10,000. In the event the size of the issue is increased or decreased, the premium or discount will be calculated on a pro rata basis. 318474.1 - 14 - ...., L I ,..., LJ ...., " ,.., LJ n LI ...., LJ n LJ ,..., L J ,..., L' r, l I ,.., L' ,..., LJ ,.., L' ,-, L..J ...., " ....., L , ~ LJ r, L.l ,..., , I .., Li ..., NO REDEMPTION: ..J .. CUSIP NUMBERS: U .., U " ...J .., ...J ...., DELIVERY: ..J ..., L1 .., ..J TYPE OF PROPOSAL: ..., ...J -, u -, ....J ..., ..J .., L1 ...., '...J -, L1 -, LJ -, 318474.1 ..J -, ..J All bonds shall be without option of prior payment. If the bonds qualify for assignment of CUSIP 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 shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. Sealed proposals of not less than $1,217,700 and accrued interest on the principal sum of $1,230,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit") in the amount of $24,600, payable to the order of the Treasurer of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Juran & Moody, Inc., and addressed to: Shirley Clinton, Treasurer Andover City Hall 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304-2612 - 15 - 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 Issuer. Such bond must be submitted to Juran & Moody, Inc. prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody, Inc. in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody, Inc. 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 Issuer to satisfy the Deposit requirement. The Issuer 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 Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the bonds is adjourned, recessed, or continued to another date without award of the bonds having been made. RATES: All rates must be in integral multiples of 1/20th or 1/8th of 1%. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. The successful purchaser will be required to provide, in a timely manner, certain information relating to the initial offering price of the bonds INFORMATION FROM PURCHASER: 318474.1 - 16 - ...., L , ...., L , ,.., " ,.., LJ ,.., , I ...., LJ ,.., L/ ,..., . I ,..., LJ ...., L J ,.., LJ ,.., L , ,.., L' ,.., LJ ,.., LJ ....., L' ...., LJ ..' LJ ,.., L I .., Li ..., ..J --. LJ QUALIFIED TAX EXEMPT OBLIGATIONS: " --J ..., ...J CONTINUING DIS- CLOSURE UNDERTAKING .." L1 ...., L1 .., ...J AWARD: -, ..J -, L1 necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. The Issuer will designate the bonds as qualified tax exempt obligations for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. The Issuer will covenant in the resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2-12. Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. JURAN & MOODY, INC. Minnesota Mutual Life Building 400 North Robert Street Suite 800 St. Paul, Minnesota 55101-2091 Telephone No. : (612) 224-1500 -, ..J Dated: April 16, 1996. ..., ..J -, LJ .., ..J Additional information may be obtained from: ..., u .., L1 -, L1 318474.1 -, ...J -, '..J BY ORDER OF THE CITY COUNCIL Isl Vicki Volk City Clerk - 17 - OFFICIAL TERMS OF BOND SALE $600,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1996 CITY OF ANDOVER ANOKA COUNTY MINNESOTA (Book Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Sealed proposals will be opened by the City Clerk, or designee, on Tuesday, May 21, 1996, at 11:00 A.M., Central Time, at the offices of Juran & Moody, Inc., 400 North Robert Street, Suite 800, in Saint Paul, Minnesota 55101- 2091. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Andover City Hall beginning at 7:00 P.M., on the same day. The bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer to DTC or its nominee as registered owner of the BOOK ENTRY SYSTEM: 318406.1 - 18 - ...., "' ,..., L' ,. . / ,.., LJ ,.., LJ ....., L I ,.., LJ ,..., . , ....., LI ,.., l J ,.., LJ ....., L' ,-, L J r' LJ ,.., u ....., LJ ....., LJ . , L.l r' . , ..., d ..., .J -j bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. L1 ~l U ..., ...J DATE OF ORIGINAL ISSUE OF BONDS: June 1, 1996. -, :...J PURPOSE: For the purpose of providing funds to finance the construction of various improvements in the Issuer. "\ U INTEREST PAYMENTS: February 1, 1997, and semiannually thereafter on February 1 and August 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. August 1 in each of the years and amounts as follows: ..., ...J ..., ..J ..., ...J MATURITIES: .., Year Amount u r ..J 1997 1998-1999 2000-2001 2002-2003 2004-2005 2006 $50,000 55,000 60,000 65,000 70,000 50,000 -, ..J All dates are inclusive. ''1 ..J REDEMPTION: At the option of the Issuer, bonds maturing after August 1, 1999, shall be subject to prior payment on said date, and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be .., :...J ..., ..J ......, u r L1 318406.1 - 19 - .., ..J CUSIP NUMBERS: prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then s2lect by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. If the bonds qualify for assignment of CUSIP 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 shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. TYPE OF PROPOSAL: Sealed proposals of not less than $591,000 and accrued interest on the principal sum of $600,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit") in the 318406.1 - 20 - ....., . I ...., L I ... . / ,. LJ r, LJ ,.., L' ,.., LJ ,..., . I ....., LJ ....., " rl L I ....., L J ,-, l J r' L j ,.., LI ...., LJ , , L I ,..., . , ,.., . , ..., U '1 ..J ..., U r) U " ....J ...., ...J ...., L1 ...., t_~ ..., ..J ..., ...J ...., LJ .., ....J r ..J ;"') LJ ..., :..J .., ...J .., U 318406.1 .., ..J .., ..J amount of $12,000, payable to the order of the Treasurer of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Juran & Moody, Inc., and addressed to: Shirley Clinton, Treasurer Andover City Hall 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304-2612 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 Issuer. Such bond must be submitted to Juran & Moody, Inc. prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody, Inc. in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody, Inc. 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 Issuer to satisfy the Deposit requirement. The Issuer 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 Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the bonds is adjourned, recessed, or - 21 - RATES: INFORMATION FROM PURCHASER: QUALIFIED TAX EXEMPT OBLIGATIONS: CONTINUING DIS- CLOSURE UNDERTAKING AWARD: 318406.1 ,..., " r \ continued to another date without award of the bonds having been made. u All rates must be in integral multiples of 1/20th or 1/8th of 1%. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. ,.., . I r, LJ n L I The successful purchaser will be required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. ,..., L J r1 LJ ....., The Issuer will designate the bonds as qualified tax exempt obligations for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. I J ....., .1 .., The Issuer will covenant in the resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2-12. . . I rl LI ,..., .1 ,--, Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. r, LJ ,.., I I r-. LJ r-. , , ...., LJ - 22 - rl . , .., LJ ..., ;.J The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. ..., ~J Dated: April 16, 1996. BY ORDER OF THE CITY COUNCIL r") :...J Isl Vicki Volk City Clerk " ..J Additional information may be obtained from: .., ...J .., JURAN & MOODY, INC. Minnesota Mutual Life Building 400 North Robert Street Suite 800 St. Paul, Minnesota 55101-2091 Telephone No.: (612) 224-1500 ~ ...., ...J ~, ..J ..., ...J ..., LJ ..., ..J ..., _l ...., LJ ..., u ..., ...J .., ..j 318406.1 .., ..J -, _\ - 23 - ...., I I AUTHORITY AND SECURITY FOR THE BONDS r, l , $2.055.000 General Oblif!ation Tax Increment Bonds of 1996 The $2,055,000 General Obligation Tax Increment Bonds of 1996, City of Andover, Minnesota are being issued pursuant to Minnesota Statutes, Chapters 469 and 475. At closing, Briggs and Morgan, Professional Association, Bond Counsel, will render an opinion that the bonds are valid and binding general obligations of the City of Andover, Minnesota. The bonds will be payable primarily from increases in assessed valuation within Development District No.1. In addition, the full faith and credit of the City is pledged to their payment and the City has validly obligated itself to levy additional ad valorem taxes in the event of any deficiency in the Debt Service Account of this issue. Furthermore, these taxes will be levied upon all of the taxable property within the City and without limitation of amount. The interest on the bonds is not includable in the gross income of the recipient for purposes of United States income tax or the State of Minnesota income tax (other than Minnesota corporate excise taxes measured by income) according to present Federal and Minnesota laws, regulations, rulings and decisions. (See Proposed Form of Legal Opinion.) ....., . ) r, I.-J " l J r-, l J ....., $1.230.000 General Oblif!ation Crossover Refundinfj Bonds of 1996 The $1,230,000 General Obligation Crossover Refunding Bonds of 1996, City of Andover, Minnesota are being issued pursuant to Minnesota Statutes, Chapter 475. At closing, Briggs and Morgan, Professional Association, Bond Counsel, will render an opinion that the bonds are valid and binding general obligations of the City of Andover, Minnesota. The bonds will be payable primarily from special assessments on all benefited property. In addition, the full faith and credit of the City is pledged to their payment and the City has validly obligated itself to levy additional ad valorem taxes in the event of any deficiency in the Debt Service Account of this issue. Furthermore, these taxes will be levied upon all of the taxable property within the City and without limitation of amount. The interest on the bonds is not includable in the gross income of the recipient for purposes of United States income tax or the State of Minnesota income tax (other than Minnesota corporate excise taxes measured by income) according to present Federal and Minnesota laws, regulations, rulings and decisions. (See Proposed Form of Legal Opinion.) LJ ....., LJ r-, 1.-. .., L' ,.-, l , r-, $600.000 General Oblif!ation Imvrovement Bonds of 1996 . J The $600,000 General Obligation Improvement Bonds of 1996, City of Andover, Minnesota are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. At closing, Briggs and Morgan, Professional Association, Bond Counsel, will render an opinion that the bonds are valid and binding general obligations of the City of Andover, Minnesota. The bonds will be payable primarily from special assessments on all benefited property. In addition, the full faith and credit of the City is pledged to their payment and the City has validly obligated itself to levy additional ad valorem taxes in the event of any deficiency in the Debt Service Account of this issue. Furthermore, these taxes will be levied upon all of the taxable property within the City and without limitation of amount. The interest on the bonds is not includable in the gross income of the recipient for purposes of United States income tax or the State of Minnesota income tax (other than Minnesota corporate excise taxes measured by income) according to present Federal and Minnesota laws, regulations, rulings and decisions. (See Proposed Form of Legal Opinion.) ~ . J ,.., L . n t I r-, l J r-, II ....... LJ - 24 - ....... . , $2.055.000 General Oblif!ation Tax Increment Bonds of 1996 The proceeds of this general obligation tax increment bond issued dated June 1, 1996, will be used to finance certain capital and administration costs of Development District No.1 within the City of Andover. $1.230.000 General Oblif!ation Crossover Refundinr: Bonds of 1996 The proceeds of this general obligation crossover refunding bond issued dated June 1, 1996, will be used to finance the crossover refunding of the $3,200,000 General Obligation Improvement Bonds, Series 1989A, dated July 1, 1989. Refunded maturities of 1998 through 2002 in aggregate of $1,200,000 will be called for redemption on August 1, 1997, at par plus accrued interest. $600.000 General OblifJation Imorovement Bonds of 1996 The proceeds of this general obligation improvement bond issued dated June 1, 1996, will be used to finance various improvements within the City including but not limited to streets, sanitary sewer, water main, storm sewer, sidewalks and curb & gutter. ..., cJ .., PURPOSE ...J ..., u ~ u " -) ..., ...J ...., ..J ...., .-.J '-1 ~ STATUTORY DEBT LIMIT Minnesota Statutes, ~ 475.53, states that a city may not incur or be subject to a net debt in excess of two percent (2%) of its estimated market value. Net debt is, with limited exceptions, debt paid solely from ad valorem taxes. Computation of Legal Debt Margin as of April 2, 1996, plus these issues: .., Ll , ,j .., 1995-1996 Estimated Market Value Times 2% of Estimated Market Value ..J Statutory Debt Limit ..., ; I Amount of debt applicable to debt limit: Total Bonded Debt (includes these issues) ...., u Less: General Obligation Improvement Bonds (includes one of these issues) General Obligation Refunding Improvement Bonds General Obligation State Aid Road Bonds General Obligation Tax Increment Bonds (includes one of these issues) General Obligation Taxable Tax Increment Bonds General Obligation Temporary Improvement Bonds General Obligation Crossover Refunding Bonds (one of these issues) ~ u ..., ..j ,...., Total debt applicable to debt limit Legal debt margin c.J .., -l ...., - 25 - ...J $ 777,819,300 x .02 $ 15,556,386 $ 29,777,000 ( 11,020,000) ( 2,255,000) ( 150,000) ( 8,455,000) ( 795,000) ( 3,705,000) ( 1.230.000) $ 2,167,000 $ 27 ,610,000 ~ ~I ESTIMATED SOURCE AND APPLICATION OF FUNDS $2.055.000 General Oblif!ation Tax increment Bonds of 1996 I. Source of Funds General Obligation Tax increment Bonds of 1996 II. Application of Funds Total Project Costs Add Estimated Issuance Costs: (bond counsel, fiscal services, paying agent/registrar (one time fee), bond rating fee, miscellaneous costs) Underwriter's Discount (1.50% of par) $ 29,550 30.825 Total Soft Costs Subtotal Less Estimated Construction Fund Investment Income Subtotal Rounding Factor Par Amount Of Bond Issue - 26 - $ 2,000,000 60.375 $ 2,060,375 ( 7.500) $ 2,052,875 2.125 ....., l : .. ~ J $ 2,055,000 ,.., LJ rl l,' ...... , J ....., LJ r-. L, r. l J .., $ 2,055,000 I I r1 L l ,.., .1 ~ '_I ,.., . 1 r, -1 ,.., 1 , ...., LJ ,--, LJ ,.., L I ...., '~J ESTIMATED SOURCE AND APPLICATION OF FUNDS (Continued) ..., '-l ..., $1.230.000 General Oblif!ation Crossover Refundinf! Bonds of 1996 I. Source of Funds u ~ General Obligation Crossover Refunding Bonds of 1996 ..J II. Al'plication of Funds " Cost of Escrow Securities Beginning Escrow Cash -) .., Subtotal c.J ~ Add Estimated Issuance Costs: (bond counsel, fiscal services, escrow verification (CPA), escrow agent, paying agent/registrar (one time fee), bond rating fee, miscellaneous costs) Underwriter's Discount (1.00% of par) Total Soft Costs L1 .., u ~ L1 Subtotal ..., ~! Less Accrued Interest ., LJ Add Cash to City Par Amount Of Bond Issue ~ ..J .., ~ ...., LJ u .., .....J ..., ~ ...., ..J - 27 - ...., ..-1 $ 15,625 12.300 $ 1,200,900 45 $ 1,200,945 27.925 $ 1,228,870 ( 153) 1.283 $ 1 ,230,000 $ 1 ,230,000 ....., ESTIMATED SOURCE AND APPLICATION OF FUNDS (Continued) $600.000 General Oblif!ation Imvrovement Bonds of 1996 I. Source of Funds General Obligation Improvement Bonds of 1996 $ 600,000 II. Application of Funds Total Project Costs $ 580,00Q Add Estimated Issuance Costs: (bond counsel, fiscal services, escrow verification (CPA), escrow agent, paying agent/registrar (one time fee), bond rating fee, miscellaneous costs) $ 15,050 Underwriter's Discount (1.50% of par) 9.000 Total Soft Costs 24.050 Subtotal $ 604,050 Less Estimated Construction Fund Investment Income ( 4.350) Subtotal $ 599,700 Rounding Factor 300 Par Amount Of Bond Issue $ 600,000 i J ...., . -' r~ .:...J n LJ n ~_: n ~ J n LJ ....., LJ n L I .... t .i. r' LJ ....., l I r, , J n . J .. "-I n . I ....., LJ ,..., LJ - 28 - n L , ..., ~J ...., FUTURE FINANCING L1 ...., ~ The City does not anticipate the need to finance any capital improvements with the issuance of gen- eral obligation bonds within the next six months. .. ..J BOND RATING .., The City of Andover's current general obligation bond rating is "Baal" from Moody's Investors Service, Inc. The City has applied to Moody's Investors Service, Inc. and Standard & Poor's Corporation for a rating on these issues as well. ~) ~ -) .. ;..j LITIGATION ~ .., On April 23, 1996, the City has indicated that no litigation is pending or threatened that would jeopardize the creditworthiness of the City of Andover. Claims or other actions in which the City is a defendant are covered by insurance or of insignificant amounts. .1 ~ ..., u CERTIFICATION ...., The City will furnish, upon request, a statement to the effect that this Preliminary Official Statement to the best of their knowledge and belief, as of the date of sale and the date of delivery, is true and correct in all material respects, and does not contain any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. LJ ..., ~ .., ~ :-, U LEGALITY .., Legal matters incident to the authorization and issuance of the bonds are subject to the approving opinion of Briggs and Morgan, Professional Association, Bond Counsel, as to validity and tax ex- emption. A copy of such opinion will be printed on the reverse side of the bonds and will be avail- able at the time of the delivery of the bonds (see Proposed Form of Legal Opinion.) Bond Counsel has not participated in the preparation of this Preliminary Official Statement and is not passing upon its accuracy, completeness or sufficiency. Bond Counsel has not examined, nor attempted to examine, or verify, any of the financial or statistical statements or data contained in this Preliminary Official Statement, and will express no opinion with respect thereto. ~ u d ....., u "\ ..J - 29 - ..., .~ r, 1/ CONTINUING DISCLOSURE ,..., In order to assist the Underwriters in complying with SEC Rule 15c2-12 (the "Rule"), pursuant to the Award Resolution and a Continuing Disclosure Undertaking to be executed on behalf of the City on or before Bond Closing, the City has and will covenant (the "Undertaking") for the benefit of the holders of Bonds to provide certain financial information and operating data relating to the City to certain information repositories annually, and to provide notices of the occurrence of certain events enumerated in the Rule to certain information repositories or the Municipal Securities Rulemaking Board and to any state information depository. The specific nature of the Undertaking, as well as the information to be contained in the annual report or the notices of material events is set forth in the Continuing Disclosure Undertaking in substantially the form attached hereto as Appendix A. The City has never failed to comply in all material respects with any previous undertakings under the Rule to provide annual reports or notices of material events. A failure by the City to comply with the Undertaking will not constitute an event of default on the Bonds (although holders will have an enforceable right to specific performance). Nevertheless, such a failure must be reported in accordance with the Rule and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the Bonds in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the bonds and their market price. Please see Appendix A for further information regarding continuing disclosure for the City of Andover, Minnesota. I J ~ LJ r1 LJ r1 &....5 r, '. 1 n 1-1 ....., . , n " ~, LJ n . J ....., ^ , ~ . J ri , 1 " ~ I n ~ . ~ LJ r' LJ - 30 - n '-1 ~ ....J BOOK-ENTRY ONLY SYSTEM ..., .., The Depository Trust Company (the "DTC"), New York, New York, will act as securities deposi- tory for the Obligations. Upon issuance of the Obligations, one fully registered Obligation will be registered in the name of Cede & Co., as nominee for DTC, for each maturity of the Obligations as set forth on the cover page hereof, each in the aggregate principal amount of such maturity. So long as Cede & Co. is the registered owner of the Obligations, references herein to the holders of the Obligations or registered owners of the Obligations shall mean Cede & Co. and shall not mean the Beneficial Owners of the Obligations. DTC is a limited purpose trust company organized under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code and a "clearing agency" registered pursuant to the provisions of ~ 17 A of the Securities Exchange Act of 1934, as amended. DTC was created to hold securities of its participants (the "DTC Participants") and to facilitate the clearance and settlement of securities transactions among DTC Participants in such securities through electronic book-entry changes in accounts of the DTC Participants, thereby eliminating the need for physical movement of securities certificates. DTC Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations, some of whom (and/or their representatives) own DTC. Access to the DTC system is also available to others such as banks, brokers, dealers, and trust companies that clear through or maintain a custodial relationship with DTC Participants, either directly or indirectly (the "Indirect Participants"). The Interest of each of the Beneficial Owners of the Obligations will be recorded through the records of a DTC Participant or Indirect Participant. Each DTC Participant will receive a credit bal- ance on the records of DTC. Individual purchases will be made in the denomination of $5,000 or any whole multiple thereof. Beneficial owners of Obligations will receive a written confirmation of their purchases providing details of the Obligations acquired. Beneficial owners of Obligations will not receive certificates representing their ownership interest in the Obligations, except as specifi- cally provided below. LJ ~ ~ u .., . J ..-, ~ .., ~ ..., ..J ..., LJ -, u -, Transfers of beneficial ownership interest in the Obligations will be accomplished by book entries made by DTC and, in turn, by the DTC Participants who act on behalf of the Indirect Participants and the Beneficial Owners of Obligations. For every transfer and exchange of beneficial ownership of Obligations, the beneficial owner may be charged a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. The Issuer will make payments of principal and interest on the Obligations to DTC or its nominee, Cede & Co., as registered owner of the Obligations. Upon receipt of moneys, DTC's current prac- tice is to immediately credit the accounts of the DTC Participants in accordance with their respective holdings shown on the records of DTC. Payments by DTC Participants and Indirect Participants to Beneficial Owners will be governed by standing instructions and customary practices such as those which are now the case for municipal securities held in bearer form or registered in "street name" for the accounts of customers and will be the responsibility of such DTC Participants or Indirect Participants and not the responsibility of DTC or the Issuer, subject to any statutory and regulatory requirements as may be in effect from time to time. -..J -, LJ ..., u ..., Ll ~ U ..., "J --, LJ ..., LJ ..., ..J - 31 - r, 1./ TAX EXEMPTION AND OTHER TAX CONSIDERATIONS ...., Tax Exemvtion. At closing Briggs and Morgan, Professional Association, Bond Counsel, will render an opinion that, at the time of their issuance and delivery to the original purchaser, under present federal and State of Minnesota laws, regulations, rulings and decisions (which excludes any pending legislation that may have a retroactive effect), the interest on each Bond is excluded from gross income for purposes of United States income tax and is excluded, to the same extent, in computing both gross income and taxable net income for purposes of State of Minnesota income tax (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and that interest on the Bonds is not an item of tax preference for purposes of computing the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; provided that interest on the Bonds is subject to federal income taxation to the extent it is included as part of adjusted current earnings for purposes of computing the alternative minimum tax imposed on corporations. No opinion will be expressed by Bond Counsel regarding other federal or state tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. Preservation of the exclusion of interest on the Bonds from federal gross income and state gross and taxable net income, however, depends upon compliance by the City with all re- quirements of the Internal Revenue Code of 1986, as amended, (The "Code") that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be (or continue to be) ex- cluded from federal gross income and state gross and taxable net income. The City will covenant to comply with requirements necessary under the Code to establish and maintain the Bonds as tax-exempt under ~ 103 thereof, including without limitation, requirements relating to temporary periods for investments and limitations on amounts invested at a yield greater than the yield on the Bonds. . I ....., u rl lJ ,..., Ll ....., LJ ,..., II n u ,..., LJ Provertv and Casualty Insurance Comvanies .. Property and casualty insurance companies are required to reduce the amount of their loss reserve deduction by 15% of the amount of tax-exempt interest received or accrued during the taxable year on certain obligations acquired after August 7, 1986, including interest on the Bonds. . ~ I r1 LJ Foreien Insurance Comvanies r'1 Foreign companies carrying on an insurance business in the United States to a tax on income that is effectively connected with their conduct of any trade or business in the United States, including "net investment income". Net investment income includes tax-exempt interest such as interest on the Bonds. . J ....., LJ ,..., Branch Profits Tax . . A foreign corporation is subject to a branch profits tax equal to 30% of the "dividend equivalent amount" for the taxable year. The "dividend equivalent amount" is the foreign corporation's "effectively connected earnings and profits," adjusted for increase or decrease in "U.S. net equity." A branch's earnings and profits may include tax-exempt municipal bond interest, such as interest on the Bonds. r-'I ...J r1 .~ Environmental Tax r' -' Corporations are subject to a federal "environmental tax." Interest on the Bonds is subject to the environmental tax to the extent included in adjusted net book income or adjusted current earnings of a corporation whose modified alternative taxable income exceeds $2,000,000 for the taxable years to which it applies. ,..., L.. - 32 - ,..., ~/ ..., ..J ~ Passive Investment Income of S Comorations LJ Passive investment income, including interest on the Bonds, may be subject to federal income taxation under ~ 1375 of the Code for S corporations that have Subchapter C earnings and profits at the close of the taxable year if more than 25% of the gross receipts of such S corporations is passive investment income. -, L1 ~ ..J Oualified Financial Institutions w Prior to adoption of the Tax Reform Act of 1986 (the "Act"), financial institutions were generally permitted to deduct 80% of their interest expense allocable to tax-exempt bonds. Under the Act, however, financial institutions are generally not entitled to such a deduction for tax-exempt bonds purchased after August 7, 1986. However, the City will designate the Bonds as "qualified tax- exempt obligations" pursuant to ~265 (b) (3) of the Code that will permit financial institutions to deduct interest expenses allocable to the Bonds to the extent permitted under prior law. See "Qualified Tax-Exempt Obligations" below. .., ...-.J " 1 ,j Social Securitv and Railroad Retirement Benefits ~ L1 Certain recipients of social security benefits and railroad retirement benefits are required to include a portion of such benefits within gross income by reason of receipt of interest on tax exempt obligations, including the Bonds. ...., ~ Exclusion Not Constitutionally Required: Pendin~ Le~islation ~'j ...., The United States Supreme Court ruled in 1988 that the exclusion from gross income of interest on state and local bonds is not required by the United States Constitution. The Constitution of the State of Minnesota likewise does not require the exclusion from gross income or taxable net income of interest on bonds of Minnesota issuers. Hence, future federal and/or state laws could cause the inclusion of interest on bonds, including the Bonds, in gross income of taxable net income, or could otherwise cause such interest to be taxed or to be included in the calculation of other income which is taxed. L1 '-I ..., u ..., Oualified Tax-Exemvt Oblieations L.J ... The City will designate the Bonds as "qualified tax-exempt obligations" for purposes of ~265 (b) (3) of the Internal Revenue Code of 1986, as amended, relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations. "Qualified tax-exempt obligations" are treated as acquired by a financial institution before August 8, 1986. Interest allocable to such obligations remains subject to the 20% disallowance under prior law. ...., u u .., General -, The preceding is not a comprehensive list of all federal tax consequences which may arise from the receipt or accrual of interest on the Bonds. The receipt or accrual of interest on the Bonds may otherwise affect the federal income tax (or Minnesota income tax or franchise tax) liability of the recipient based on the particular taxes to which the recipient is subject and the particular tax status of other items of income or deductions. Bond Counsel expresses no opinion regarding any such consequences. All prospective purchasers of the Bonds are advised to consult their own tax advisors as to the tax consequences of, or tax considerations for, purchasing or holding the bonds. l.J L1 ...., ;..J - 33 - .., ..J n u THE CITY OF ANDOVER n l J GENERAL INFORMATION h u Access and Transportation The City of Andover, situated in Anoka County, is located in the Twin Cities Metropolitan Area. The City lies approximately 15 miles north of Minneapolis. Access to the City is provided by State Highway 47 which lies one mile east of the City, and State Highway 10 which lies two miles north of the City, and Anoka County Roads 7, 9, 16, 18,20,60,78 and 116. There are approximately 171.24 miles of paved residential streets within the City's corporate limits. n LJ n '-) ri Tax Base w For taxes collectible in 1996, the tax breakdown is 80.46% residential homestead (non-agriculture), 1.56% agricultural, 7.28% commercial & industrial, 1.28% public utility, .19% railroad operating property, 3.62% non-homestead residential and 5.61 % personal property. n l' h LJ Area 22,493 Acres (35.145 Square Miles) n kJ i-. Population _J 1980 Census 1990 Census 1996 Estimate (as of 0 1-0 1-96) 9,387 15,216 22,000 n L) r1 Municipal Facilities . I Revenue Producinf! Facilities: -. LJ The Waterworks System has approximately 3,070 connections with one 1,000,000 gallon and one 500,000 gallon elevated water storage facilities and five municipal wells that have the capacity to pump 3,700 gallons per minute. The average demand is 1,054,000 gallons per day while peak demand reaches 4,349,000 gallons per day. Total tap water hardness is 17 parts per million. The 1995 audited gross water revenues were $516,891 with the average water charge per year per household and commercial connection at approximately $168. The commerciaVresidential water rate is $1.01 per thousand gallons with a base charge of $6.30 per quarter. The Sewer System has approximately 3,921 connections which are connected by one lift station to the Metropolitan Waste Control Commission's wastewater treatment and disposal facilities. n I I ,..., -J ,..., , ) ...... The 1995 audited sewer revenues were $731,370 with the average sewer charge per year per household and commercial connection at approximately $187. The sewer use charge is $30.00 per living unit per quarter in Service Area A and $42.00 per living unit per quarter in Service Area B. LJ n LJ - 34 - n L' ...... L.J Other Municipal Services: ...., Fire Department. Fire protection is provided by a 50-member volunteer fire department consisting of three fully equipped stations strategically located within the City. The City currently has three pumpers, two tankers, two pumper/tankers, one ladder truck, three grass rigs, one utility van, one rescue vehicle/ambulance and other various fire fighting equipment. J, j .. L.J ~ , Police Department. The City of Andover contracts with the Anoka County Sheriffs Department for all of its police protection. LJ ParksIRecreation. The City currently maintains 40 parks with 225 acres of maintained turf, 32 playgrounds with equipment, 24 lime ballfields, 12 soccer fields and 15 hockey rinks. The parks also include 23 class five parking lots, 20 picnic shelters, 5 irrigation systems and an infant trail system. .., --.J ~ u City Government .., Andover is a Minnesota Statutory City with an Option Plan A form of government. It has a mayor elected at large for a two-year term and four council members elected by precinct for four-year terms. The professional staff is appointed and consists of a city administrator, city clerk, city treasurer, city finance director, city attorney, and city engineer. '.J .., ~ ..., Employee Pension Programs The City employs 44 people, 38 full-time and 6 part-time. Forty-four of the employees are covered under PERA. ; J '. ...., The City participates in contributory pension plans through the Public Employees Retirement Association (PERA) under Minnesota Statutes, Chapter 353, that covers substantially all employ- ees except those qualifying as temporary or seasonal employees. This plan is a state administered plan and is coordinated with the Federal Social Security Retirement Plan (FICA). State statute re- quires the City to fund current service pension cost as it accrues. Prior service cost is being amor- tized over a period of 40 years and is being funded by payment determined as a percentage of gross wages paid by all employers participating in the State Association. The amount of unfunded prior service cost attributed to individual reporting entities is not determinable. u u .., . J ...., :..J The City's contributions to PERA for the past four years have been as follows: .., 1995 1994 1993 1992 $ 54,990 42,933 37,964 32,321 d ..., The volunteer firemen of the City are eligible for pension benefits through membership in the Andover Firemen's Relief Association organized under Minnesota Statutes, Chapter 69, and ad- ministered by a separate Board elected by the membership. This plan is funded by state aids, in- vestment earnings and City contributions. State statute requires this plan to fund current service cost as it accrues and prior service cost to be amortized over a period of ten years. ---. u :J ~ Financial Institutions u Financial services are provided by the Pirstar Bank of Minnesota, National Association (branch of .., Bloomington) with reported deposits as of December 31, 1994, of $938,061,000. LJ - 35 - .., ..J r-, LJ Schools ~ The children in the City of Andover attend Independent School District #0011, Anoka-Hennepin, and Independent School District #0015, St. Francis. The two districts operate 31 elementary schools, 7 middle schools, and 5 senior high schools. l _, ~, L1 In addition, private education, grades one through eight, is provided by Anoka Seventh Day Adventist located within the City of Andover. This private elementary school is accredited by the "Minnesota Nonpublic School Accrediting Association" and the "Minnesota Conference of Seventh Day Adventists." Post secondary education is available at the following schools: n 1.1 n Distance from Andover . J School 'IJ!pg Technical College Community College Location n L1 Anoka-Hennepin Technical College Anoka-Ramsey Community College Anoka, Minnesota 10 Miles r-: Coon Rapids, Minnesota 10 Miles t! r"1 Residential Development .....J There are approximately 6,690 single-family homes and 49 multifamily units located within the City. In addition, there have been 305 single-family homes constructed within the past twelve months. n t j ,., Subdivision Number of Dwellin~s Status u Hills of Bunker Lake 5th Crown Pointe East Foxberry Farms Fox Woods Jonathan Woods Echo Woods Emerald Glen Hills of Bunker Lake 3rd Hills of Bunker Lake 4th Pinewood Estates Pinewood Estates 2nd Meadows of Round Lake Weybridge 2nd Woodland Creek 117 Homes 45 Homes 37 Homes 37 Homes 27 Homes 53 Homes 46 Homes 79 Homes 56 Homes 69 Homes 104 Homes 155 Homes 82 Homes 41 Homes 100% Complete 100% Complete 100% Complete 70% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 70% Complete 100% Complete 100% Complete 100% Complete n LJ ..., , , n LJ ..., ',J '-' LJ Industrial Parks r1 There is one industrial park located within Andover with a capacity of 69 acres. Currently there are 17 enterprises occupying the parks, the larger of which include Larson Plumbing, Riccar Heating & Air Conditioning, Ace Solid Waste, and Aircon Electric. l J n ~~ n L1 - 36 - n LI n u ~ u Commercial/Industrial Development Building construction and commercial/industrial growth completed within the past twelve months have been as follows: n Name Product/Service Description of Construction u .. u For Kids Only NW Transmission Day Care Automobile Repair Masonry Masonry ...., Commercial/Industrial Development (Continued) u ~ Building construction and commercial/industrial growth completed within the past three years have been as follows: u ~ Name Product/Service Description of Construction u ..., Aircon Electric Beck's Auto For Kids Only McDonald's NW Transmission Pov's Sports Bar Spur SuperAmerica HVAC Automobile Repair Day Care Restaurant Automobile Repair RestaurantJBar Convenience Store Convenience Store Masonry Masonry Masonry Masonry Masonry Masonry Masonry Masonry .., u L1 ..., u Maior Employers .., u Commercial Product/Service Number of Emplovees L.J Kottke's Bus Co. Festival Foods Anoka County Highway Andover Elementary Merwin Drug Crooked Lake School Meadow Creek School Larson Plumbing Ed Fields & Sons Pov's Sports Bar Bus Charter Grocery Road Maintenance Education Phannacy/Retail Education Education Plumbing Fann (vegetables) Restaurant! Bar 200 110 91 78 75 58 55 50 50 50 ~1 L1 .., u .., ..., u -, u .., ...J .., ;.j ..., - 37 - ..J Name Anoka Electric Coop Anoka Ltd. Partnership Minnegasco Inc. Northern State Power Co. Individual Minnesota Pipe Line Co. United Power Association Kottke's Bus Service Inc. MN Interstate Pipeline Local Oil Company Ten Largest Taxoayers Service 1995-1996 Estimated Market Value Utility Commercial Utility Utility Residential Utility Utility Commercial Utility Commercial $7,295,400 9,472,900 2,742,500 1,667,700 1 ,697,400 1,072,600 1,015,900 988,400 918,000 629,700 t Before tax increment and fiscal disparity adjustments. - 38 - 1995-1996 Net Tax Cavacity $335,588 185,892 126,154 76,714 76,481 64,055 46,731 42,267 42,229 28,966 n LJ r1 Percent of Real Property To Net Tax Capacity ($ II. 345. I03)t LJ n LJ n 2.96% 1.64 1.11 .68 .67 .56 .41 .37 .37 .26 LJ n LJ n LJ n LJ n LJ r, LJ n . J n LJ n LJ ,..., LJ n L' n L J ,.., LI n LJ r1 LJ n ,....., u MINNESOTA VALUATIONS. TAX CREDITS AND LEVY LIMITATIONS .., u Market Value ...., u According to Minnesota Statutes, Chapter 273, all real property subject to taxation is to be ap- praised at maximum intervals of four years. All real property becoming taxable in any year is listed at its estimated market value on January 2 of that year. The estimated market value is the County Assessor's appraisal of the worth of the property. .., L.J Indicated Market Value .-, u The Minnesota Department of Revenue conducts the Real Estate Assessment/Sales Ratio Study to accomplish equalization of property valuation in the State of Minnesota and to detennine the prob- able selling price of a property. The study is a three-year average of sale prices as related to the lat- est assessor's estimated market value. The indicated market value is detennined by dividing the estimated market value by the Assessment/Sales Ratio for the city as detennined by the Department of Revenue. u .., ,....., u Net Tax CaDacitv .., L.J Starting with taxes payable in 1990, net tax capacity replaced gross tax capacity as the measure of taxable value. To detennine net tax capacity, the estimated market value is multiplied by a factor called "class rate," that varies depending on the use of the property. Net tax capacity differs from gross tax capacity primarily in setting lower values for homesteaded residential and agricultural properties. Net tax capacity is multiplied by the "local tax rate" to detennine taxes payable. LJ .-, ..., L.J Tax Cycle L.J Minnesota local government ad valorem property taxes are extended and collected by the various counties within the state. The process begins in the fall of every year with the certification, to the county auditor, of all local taxing districts' property tax levies. Local tax rates are calculated by di- viding each taxing district's levy by its net tax capacity. One percentage point of local tax rate rep- resents one dollar of tax per $100 net tax capacity. A list of taxes due is then prepared by the county auditor and turned over to the county treasurer on or before the first Monday in January. The county treasurer is responsible for collecting all property taxes within the county. Real estate tax statements are to be mailed out no later than January 31 and personal property tax statements no later than February 15. The due dates for payment of real property taxes are one-half on or before May 15 and one-half on or before October 15. Personal property taxes become due one-half on or before February 28 and one-half on or before June 30. Following each settlement (March 5, June 5, and November 5 of each year), the county treasurer must redistribute property tax revenues to the local taxing districts in proportion to their tax capacity ratios. Delinquent property taxes are penalized at various rates depending on the type of property and the length of delinquency. .-, u ~J u .., u ..., .., L1 .., u Tax Credits ..., ..., Prior to 1990, taxes on homestead residential and agricultural property were reduced by a direct subsidy to the taxpayer. Beginning in 1990, the homestead credit has been eliminated. The state subsidy is now accomplished through lower class rates to homesteaded classifications of property and increased state aids paid directly to local taxing districts. This new system is intended to have generally the same impact as the fonner homestead credit system. u L.J - 39 - ..., ..J ,..., Tax Leviesfor General Obligation Bonds (Minnesota Statutes. Q475.61) The governing body of any municipality issuing general obligations shall, prior to delivery of the obligations, levy by resolution a direct general ad valorem tax upon all taxable property in the mu- nicipality to be spread upon the tax rolls for each year of the term of the obligations. The tax levies for all years shall be specified and such that if collected in full they, together with estimated collec- tions of special assessments and other revenues pledged for the payment of said obligations, will produce at least five percent in excess of the amount needed to meet when due the principal and in- terest payments on the obligations. Such resolution shall irrevocably appropriate the taxes so levied and any special assessments or other revenues so pledged to the municipality's debt service fund or a special debt service fund or account created for the payment of one or more issues of obligations. The governing body may, at its discretion, at any time after the obligation have been authorized, adopt a resolution levying only a portion of such taxes, to be filed, assessed, extended, collected and remitted as hereinafter provided, and the amount or amounts therein levied shall be credited against the tax required to be levied prior to delivery of the obligations. The recording officer of the municipality shall file in the office of the county auditor of each county in which any part of the municipality is located a certified copy of the resolution, together with full information regarding the obligations for which the tax is levied. No further action by the munici- pality is required to authorize the extension, assessment and collection of the tax, but the munici- pality's liability on the obligations is not limited thereto and its governing body shall levy and cause to be extended, assessed and collected any additional taxes found necessary for full payment of the principal and interest. The auditor shall annually assess and extend upon the tax rolls the amount specified for such year in the resolution, unless the amount has been reduced as authorized below or, if the municipality is located in more than one county, the portion thereof that bears the same ratio to the whole amount as the tax capacity value of taxable property in that part of the mu- nicipality located in his county bears to the tax capacity value of all taxable property in the municipality. LJ r1 LJ ,..., LJ n LJ n LJ ,..., LJ ,..., LJ ,..., LJ n LJ ,..., Tax levies so made and filed shall be irrevocable, except that if the governing body in any year makes an irrevocable appropriation to the debt service fund of moneys actually on hand or if there is on hand any excess amount in the debt service fund, the recording officer may certify to the county auditor the fact and amount thereof and the auditor shall reduce by the amount so certified the amount otherwise to be included in the rolls next thereafter prepared. All such taxes shall be collected and remitted to the municipality by the county treasurer as other taxes are collected and remitted, and shall be used only for payment of the obligations on account of that levied or to repay advances from other funds used for such payments, except that any sur- plus remaining in the debt service fund when the obligations and interest thereon are paid may be appropriated to any other general purpose by the municipality. LJ rt LJ ~ LJ ...., l J rt Levy Limitations LJ In the past local governments in the State of Minnesota have had their ability to levy property taxes restricted by statutory limitations. As scheduled these limitations have expired for taxes payable in 1993, but may be reinstated in the future. These limitations had restricted Minnesota cities with populations over 2,500, school districts, and counties in their annual levy to 3% of the previous year's levy limit base with adjustments for increases of households or population. This levy limit did not apply to levies made for "special purposes," such as bonded indebtedness, unfunded accrued pension liability and matching grants. In addition, the levy limit for counties did not include levies for income maintenance programs and social service programs. rt LJ r1 LJ rt LJ r'l LJ - 40 - ...., L' .., ...J Class Rate ~ u The factors (class rates) for converting estimated market value to net tax capacity represent a basic element of the State's property tax relief system and are therefore subject to annual revisions by the ..., State Legislature. The following is a partial summary of these factors: u Property Tax Classifications ..., 1992/1993 1993/1994 1994/1995 1995/1996 L1 Class Rate Class Rate Class Rate Class Rate Type fir Property fumJJ. fumJJ. fumJJ. fumJJ. ~ Residential Homestead LJ Under $72,000 1.000% 1.000% 1.000% 1.000% Over $ 72.001 2.000 2,000 2.000 2.000 ..., ~j Commercialnndustrial Public Utility ~ Under $100.000 3.000 3,000 3,000 3.000 Over $100.001 4.700 4.600 4,600 4.600 LJ .., A~cultural Prooertv U Homestead: House. Garage & I Acre Under $72.000 1.000 1.000 1. 000 1.000 ~ Over $72.001 2.000 2,000 2.000 2.000 L1 Remainder to 320 Acres --, Under $115.000 0450 0450 0450 0450 Over $115.001 1.300 1.000 1. 000 1. 000 U Over 320 Acres ~ Under $115.000 0450 0450 .450 0450 LJ Over $115.001 1.600 1.500 1.500 1.500 Non-Homestead: .., House. Garage. I Acre 2.500 2.300 2.300 2.300 ...J Landffimberland 1.600 1.500 1.500 1.500 .., Residential Non-Homestead LJ Apartments: I to 3 units 2.500 2.300 2.300 2.300 ~ 4 or more units 30400 30400 3.400 3.400 LJ Type I and II, 5+ stories 30400 3.400 3.400 30400 Selected small cities with 4 or more 2.300 ~ units LJ Seasonal Recreational Non-Commercial: ..., Under $72.000 2.000 2,000 2.000 2.000 ~ Over $72.001 2,500 2.500 2.500 2.500 Commercial (i.e. resorts) 2.300 2.300 2.300 2,300 ..., Vacant Land * (See Footnote) * (See Footnote) * (See Footnote) * (See Footnote) U .., U * (All vacant land is reclassified to highest and best use pursuant to local zoning ordinance). ., - 41 - ....J n l J THE CITY OF ANDOVER ,-., LJ ECONOMIC AND FINANCIAL INFORMATION ,-., LJ Valuations ,-., Net Tax Capacity 1995-1996 $11,345,103 674,861 ( 723,337) ( 600,415) 2.106.989 $12,803,201 LJ Real Property Personal Property (Tax Increment Deduction) Fiscal Disparities. (Contribution to Pool) Distribution from Pool Estimated Market Value 1995-1996 $ 763,148,400 14,670,900 ,-., LJ ,-., LJ ,-., LJ Total Valuation $777,819,300 r1 LJ ,-., Market Value After Assessment/Sales Ratio LJ The Minnesota Department of Revenue conducts the Real Estate Assessment/Sales Ratio Study to accomplish equalization of property valuations in the State and to determine the probable selling price of a property. The Study is a three-year average of sale prices as related to the latest asses- sor's market value. In Andover the latest (1994) assessment sales ratio is 89.7% meaning the County Auditor's recorded real property market value of $763,148,400 is 89.7% of the probable resale market value. We have made the following computations in deriving the market value figure used in the "Summary of Debt and Debt Statistics." n LJ r1 LJ .. LJ $ 763,148,400 89.7% County Auditor's recorded real property market value. Latest Composite Ratio from the Real Estate Assessment/Sales Ratio Study of the Minnesota Department of Revenue. r1 LJ r1 = $ 850,778,595 Indicated market value of real property. LJ + 14.670.900 Personal property. Indicated market value of real and personal property used in "Summary of Debt and Debt Statistics." r1 = $ 865,449,495 . I ...., . J · Fiscal Disparities Law The 1971 Legislature enacted a "fiscal disparities law" which allows all the Twin City Metropolitan Area Municipalities to share in the commercial/industrial growth, regardless of where the growth occurred geographically. Forty percent (40%) of every metropolitan municipality's growth in commercial/industrial assessed valuation is pooled, then redistributed to all municipalities on the basis of population and per capita valuation after the tax increment and fiscal disparity adjustments. - 42 - ....., LJ n LJ r, L , .., L1 The Assessment/Sales Ratio for the City of Andover over the past four years have been as follows: ..., u 1994 1993 1992 1991 89.7% 89.7 92.5 93.0 ...., LJ ...., u Valuation Trends (Real and Personal Property) ~ Net Tax Capacity Before Fiscal Disvaritiest ...J ~ Levy Yearl Collection Year Estimated Market Value LJ ...., 1995/1996 1994/1995 1993/1994 1992/1993 1991/1992 1990/1991 1989/1990 $ 777,819,300 679,429,100 602,107,500 542,411,200 502,562,400 467,376,200 407,805,500 $ 12,019,964 10,271,906 9,114,246 8,420,876 8,208,381 8,176,220 7,043,958 L1 .., u ~ ;..j Breakdown of Valuations ..., __J 1995-1996 Estimated Market Value. Real and Personal Property: ~ Residential Homestead Agricultural Commercial & Industrial Public Utility Railroad Operating Property Non-Homestead Residential Personal Property Total $ 704,523,100 15,603,700 20,809,600 3,339,000 488,600 18,384,400 14.670.900 $ 777,819,300 --J ..., LJ .., ...J ~ Net Tax Capacity After Fiscal Disvaritiestt $ 12,803,201 10,877,389 9,993,705 9,414,093 9,322,277 9,423,989 8,179,916 90.58% 2.01 2.67 .43 .06 2.36 1.89 100.00% ~ 1995-1996 Net Tax Capacity, Real and Personal Property (before tax increment andfiscal disparity adjustments): ~ Residential Homestead Agricultural Commercial & Industrial Public Utility Railroad Operating Property Non-Homestead Residential Personal Property $ 9,671,685 187,229 874,784 153,594 22,477 435,334 674.861 $ 12,019,964 u .., d .., ~ Total .., ;..j t Also before the tax increment deduction. t t Also after the tax increment deduction, ..., ;..j - 43 - 80.46% 1.56 7.28 1.28 .19 3.62 5.61 100.00% Levy Year/ Collection Year County of Anoka City of Andover ISD #0011, Anoka-Hennepin ISD #0015, St. Francis Metropolitan Council Metro Mosquito Control Metro Transit Area Anoka County RR Authority Anoka County HRA Levy Year/ Collection Year Original Gross Tax Levy Property Tax Creditsttt Levy Adjustments Net Tax Levy Amount Collected during Collection Year Percent of Net Tax Levy Collected Amount Delinquent at end of Collection Year Delinquencies Collected as of 12/31/95 Delinquencies Abated or Cancelled as of 12/31/95 Total Delinquencies outstanding as of 12/31/95 Percent of Net Tax Levy Collected During Collection Year Net Tax Capacity 1991/92 Net Tax Capacity Rates 32.990% 17.528 56.525 54.088 .618 .387 .306 1992/93 Net Tax Capacity Rates 1993/94 Net Tax Capacity Rates 32.779% 16.544 63.717 60.090 .448 .374 .272 32.680% 18.325 57.161 61.461tt .438 .371 .291 Tax Levies and Collections 1991/ 1992 1992/ 1993 $ 1,931,649 $ 2,090,302 1994/95 Net Tax Capacity Rates 32.765% 19.799 61.402 63.281 tt .372 .374 .353 .001 1993/ 1994 $ 2,366,327 ( 454,233) ( 513,710) ( 572,759) 1.209 37 $ 1,478,625 $ 1,576,629 $ 1,437,204 $ 1,548,389 97.20% $ 41,421 ( 29,360) ( 7.917) ( $ 4,144 $ 99.72% Note: 1995/1996 Original Gross Tax Levy 1995/1996 Net Tax Levy t In addition, all taxable property within ISD #0011, Anoka-Hennepin and the City of Andover is taxed at .04289% of Estimated Market Value for pay 1996. tt In addition, all taxable property within ISD #0015, SI. Francis and the City of Andover is taxed at .05161 %, .03022% and .03813% of Estimated Market Value for pay 1994, 1995 and 1996, respectively. ttt Property tax credits are aids provided by the State of Minnesota and paid directly to the City. 98.21 % $ 28,240 ( 16,293) ( 5.960) ( 5,987 $ 99.62% $ 3,057,662 2,489,447 - 44 - 485 $ 1,794,053 $ 1,762,461 98.24% $ 31,592 15,789) 3.290) 12,513 99.30% ....., l J ....., 1995/96 Net Tax Capacity Rates LJ ,..., LJ 31.036% 19.374 64.387t 69.509tt .772 .239 .345 n LJ n LJ .823 ,..., LJ ,..., 1994/ 1995 $ 2,711,023 ( 585,140) 59 $ 2,125,942 LJ ,..., LJ ....., LJ ...., L J $ 2,101,416 ,..., 98.85% LJ ,..., $ 24,526 LJ ,..., 3,259 . J ,..., ( 3.259) L I $ ,..., 24,526 L' 98.85% n LI n LJ ...., LJ ....., L I .., L1 ..., c..J ..., LJ ..., u ...., LJ -, L1 -, u -, u -, u -, u ...., u .., LJ .., LJ .., LJ ...., LJ ..., LJ .., L1 .., .J ...., ..J CITY OF ANDOVER, MINNESOTA GENERAL OBUGATJON DEBT AS' 0 A n'r2 1996 includeS' these issueS' Purpose: G,O. G,O. G,O, G,O. G,O, G,O, Improvement Improvement Improvement Improvement Improvement Refunding Bonds Bonds Bonds Bonds Bonds /mprol'emtn/ of of of Seriel Series Bonds 1977 1978 1985A 1986A 1986B Series 1986C Dated: O'lJOlm 1110 Ins 0'lJ01185 07/01/86 10/01/86 0810 1/86 Original Amount: $1,215,000 $270,000 $300,000 $1,795,000 $2,600,000 $2,485,000 Maturity: I-Ian I.Feb I-Feb l-Aug I-Ocl I-Aug Inlerest Rates: 5.00% 6.00% 9.20.9.60% 7.40.7.90% 6.30% 6.90.7.40% 1996 $0 $0 $0 $125,000 $340,000 $210,000 1996 1997 55,000 20,000 25,000 150,000 0 210,000 1997 1998 55,000 20,000 25,000 150,000 0 210,000 1998 1999 60,000 20,000 25,000 145,000 0 210,000 1999 2000 60,000 0 25,000 125,000 0 210,000 2000 2001 65,000 0 0 125,000 0 215,000 2001 2002 65,000 0 0 0 0 165,000 2002 2003 65,000 0 0 0 0 0 2003 2004 70,000 0 0 0 0 0 2004 2005 70,000 0 0 0 0 0 2005 2006 70,000 0 0 0 0 0 2006 2007 0 0 0 0 0 0 2007 2008 0 0 0 0 0 0 2008 2009 0 0 0 0 0 0 2009 2010 0 0 0 0 0 0 2010 2011 0 0 0 0 0 0 2011 2012 0 0 0 0 0 0 2012 2013 0 0 0 0 0 0 2013 2014 0 0 0 0 0 0 2014 2015 0 0 0 0 0 0 2015 2016 0 0 0 0 0 0 2016 $635,000 $60,000 $100,000 $820,000 $340,000 $1,430,000 (/) (/) (I) (I) (I) (1)(4) Purpose: G,O. G.O. Genual G.O. G.O. G,O.TlLT Stale Aid Improvement Obligation Equipment Improvement InclYmenl Road Bomh Bomh Bomh Certificates Bomh Bonds of Serkl Series of Series Series 1988 198M 199/A 1992 1993A 1993B Dated: 08/01188 07/01/89 07/01/91 08101/92 08101/93 08101/93 Original Amount: $500,000 $3,200,000 $2,500,000 $180,000 $3,650,000 $520,000 Maturity: l-Aug I.Aug I-Jul l-Aug l-Aug }-Aug Interest Rates: 6.70.6.80% 6,10-6.80% 5.80.6.50% 5.55-5,75% 2.90-4.75% 3.50-4.75% 1996 $50,000 $300,000 $250,000 $36,000 $365,000 $50,000 1996 1997 50,000 300.000 250,000 36,000 365,000 50,000 1997 1998 50,000 300,000 250,000 0 365,000 50,000 1998 1999 0 300,000 250,000 0 365,000 50,000 1999 2000 0 300.000 250,000 0 365,000 55,000 2000 2001 0 300,000 250,000 0 365,000 55,000 2001 2002 0 0 0 0 365,000 55,000 2002 2003 0 0 0 0 365,000 55,000 2003 2004 0 0 0 0 0 0 2004 2005 0 0 0 0 0 0 2005 2006 0 0 0 0 0 0 2006 2007 0 0 0 0 0 0 2007 2008 0 0 0 0 0 0 2008 2009 0 0 0 0 0 0 2009 2010 0 0 0 0 0 0 2010 2011 0 0 0 0 0 0 2011 2012 0 0 0 0 0 0 2012 2013 0 0 0 0 0 0 2013 2014 0 0 0 0 0 0 2014 2015 0 0 0 0 0 0 2015 $150,000 $1,800,000 $1,500,000 $72,000 $2,920,000 $420,000 (J) (lK8) (2) (21 (I) (5) - 45 - Purpose: Dated: Original Amount: Maturity: Interut Rates: 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 PuI'pOSe: ,.., LJ r, L.I ....., LJ ,.., LJ ,.., LJ ,.., LJ n LJ ,.., LJ ,.., LJ ,.., LJ ,.-, LJ ....., LJ ,.-, LJ ...., l I ....., LJ ,.., LJ ...., LJ ,.-, LJ ....., " \ CITY OF ANDOVER, MINNESOTA GENERAL OBliGATION DEBT Alo A ril2 1996 includ~I th~s~ USUeI G,O. G.O. Taxable G,O. G,O, G,O. G,O. Equipment Tax Increment Improvem~nt Temporary Improv~ment Improvement Certif'"lCate, BondI Bonds Improvement Bonds R~funding Seriel SemI SemI Bonds Series Bonds 1994A 1994B 1994C Suus 1994D 1995A Seriell995B 03/01194 $150,000 I-Mar 3.55-4.25% 05/01/94 $885,000 I-M.y 5.55.7,87% 10/01194 $1.140,000 I-Feb 5.05-5,75% 10/01/94 06101/95 06101195 $3,705,000 $2,605,000 $825,000 1.0cl I.Feb I-Aug 4.60% 4.80-5,30% 4.40-4.85% $0 $0 $190,000 1996 3,705,000 205,000 190,000 1997 0 215,000 170,000 1998 0 230,000 155,000 1999 0 240.000 120,000 2000 0 255,000 0 2001 0 265,000 0 2002 0 280,000 0 2003 0 295,000 0 2004 0 310,000 0 2005 0 310.000 0 2006 0 0 0 2007 0 0 0 2008 0 0 0 2009 0 0 0 2010 0 0 0 2011 0 0 0 2012 0 0 0 2013 0 0 0 2014 0 0 0 2015 $3,705,000 $2,605,000 $825,000 (I) (I) (lX6) $30.000 30,000 30,000 30.000 o o o o o o o o o o o o o o o o $90.000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 75.000 o o o o o o o o o o o $0 115,000 110,000 110,000 115,000 115.000 115,000 120,000 120,000 125.000 95,000 o o o o o o o o o $120,000 (2) $795,000 (5) $1,140,000 (I) These IIsue,: G,O. G,O. G,O, G,O, G,O, Equipment Tu Incnment Tu Incnnunl CroSlDver ImprovemLnt Clltificaltl of Bonds Bonds Rtfunding Bonds Indebtednell Serlel of Bonds of Strl,,1995C 1995D 1996 ofl996 1996 Dated: 06101195 10101/95 06101/96 06101/96 0610 1/96 Original Amount: $515,000 $6,055.000 $2,055,000 $1.230,000 $600,000 Maturity: I-Feb I.Feb I-Aug I-Aug I-Aug Interest Rates: 4,40-4.85% 4,50-5.60% TOTALS: 1996 $0 $0 $0 $0 $0 $2,036,000 1996 1997 50,000 100,000 40.000 0 50,000 6,086,000 1997 1998 100,000 130.000 65,000 315,000 55,000 2,755,000 1998 1999 150,000 150,000 70,000 315,000 55,000 2,780,000 1999 2000 175.000 175,000 80,000 300,000 60,000 2,745,000 2000 2001 0 200,000 85,000 300,000 60,000 2,480,000 2001 2002 0 225,000 95.000 0 65,000 1,505.000 2002 2003 0 225,000 105,000 0 65,000 1.370,000 2003 2004 0 250,000 115,000 0 70,000 995,000 2004 2005 0 350,000 125,000 0 70,000 1.050,000 2005 2006 0 425,000 140,000 0 50.000 1,090,000 2006 2007 0 450,000 150,000 0 0 600,000 2007 2008 0 475,000 165,000 0 0 640,000 2008 2009 0 500.000 180,000 0 0 680,000 2009 2010 0 525.000 195,000 0 0 720.000 2010 2011 0 575,000 215,000 0 0 790,000 2011 2012 0 600,000 230,000 0 0 830,000 2012 2013 0 625,000 0 0 0 625,000 2013 2014 0 0 0 0 0 0 2014 2015 0 0 0 0 0 0 2015 $475,000 $5,980,000 $2,055,000 $1,230,000 $600,000 $29,n7,ooo (2) (5) (5) (lX7) (l) Ltu: ( 150,000) (3) ( 1,200,000) (8) Net G.O. Debt: $28,427,000 - 46 - ...., "...J ..., ..J (J) ~ (2) (3) ;.j (4) ..., (5) L1 (6) (7) ...., LJ (8) ...., ;.J ..., ;.J ..., ;.J ...., ~ ...., L1 ...., '-1 .., ...J -, LJ ...., Ll ...., LJ ..., LJ ..., U .., ....J ...., ..J CITY OF ANDOVER, MINNESOTA GENERAL OBUGAT/ON DEBT A.r 0 A ""12 1996 include, theu issues The,~e bond.' are payable primaril..../rom .\1'tciaJ u.\".\'e.f,\'ment.f and are additionally .w:uud by ad valorem ftUe.\' (In all taxable property within the City and witlu,", limitation of amount. The.ore bond..r are payable sold..../rom ad valorem faxe,f on alllaxuhle propert)' within the City find witJUlUf limitation of amount. The;..e bond." are payuble primarily/rom ,\'Iafe aid II1ltJtmeTlf.\' and urt! additionally ,ft!cured by ad valorem ftJ:U,f 1m all taxable property within the City and wilMat limitation of amount. The!;t! IHmd.v refunded the $4365.000 Genual Oblif.:ution Improvement Bond." of 19RO. Serle." B. dated October J. /980. The bond.f were c;alled for redemption on F~bruar')' I. 1987. at a pria o/par plu.f a(.'cru~d inler~;~t. The,fe bond.f ar~ payable primarily from in(.naud valuation within Tax Incr~ment Distrit..'t,\' NlJ. J-J ilnd No, J-2 and aTe additional/y ...ecured by ad vali)rem taxes on all ta.whle property within the City and withl)ut limitation of amount. These bond,f cu"ent refunded the $8J 5.000 of the $2.350.000 General Obligation Improvement Bond,\' of 1985. JelteJ August J. J9H5. The oondf were cal/edfor redemptian on AUgU.ft I. J995. at a price of par plus accrued intere.\'t. The.\'e bondf (..rO....fover refunded $J.200.000cifthe $3.200.000 General Obligation Improvement Bonds. Serie,f J9H9A. dated July J. 19R9, Cro,f.'fOVer refunded maturitie:; will be (.'al/edfor redemption on Augu.~t I. J997. elt a price of par plu,f accrued intere.\'t. Maturitie.'11 ofthi,'11 i,f.fueform 199H through 200J in aggregate of$I.200.000were (.'ro.'IIsover refunJ~d by the $J.230.ooo G~neral Obligation Cro.uover Refunding Bonds of 1996. dated June I. 1996. Cro.m)V~r refunded maturitie:f will be cal/edfor r~demption on August I. J997. at a price of paT plu... accrued interest. - 47 - ..., L' Overlapping Debt 1996 1996 Net Tax Net Tax Capacity Percentage City's Capacity Value Applicable Share Issuer Value(l) in City(lJ in City Net Debt of Debt County of Anoka $ 168,152,612 $12,803,201 7.61% $60,192,588(2) $ 4,580,656 ISD #0011, Anoka-Hennepin 108,261,382 11,505,253 10.63 109,615,324(3) 11,652,109 ISD #0015, St. Francis 13,125,061 1,297,948 9.89 46,770,444(4) 4,625,597 Metropolitan Council 1,907,286,072 12,803,201 .67 21,952,559(5) 147,082 Regional Transit Area 178,303,066 12,803,201 7.18 452,000(6) 32.454 Total Overlapping Debt: $21,037,898 Overlapping Debt Future Financing ....., L' r1 LJ n LJ ,..., LJ r1 LJ n LJ ..., LJ County of Anoka ,.., The County is anticipating the issuance of approximately $3 million in general obligation capital improvement bonds in Mayor June of 1996. LJ ...., ISD #0011, Anoka-Hennepin The District does not anticipate the issuance of any additional bonding within the next twelve months. LJ n ISD #0015, St. Francis The District does not anticipate the issuance of any additional bonding within the next six months. LJ Metropolitan Council n The Council is anticipating the issuance of approximately $20 million in wastewater bonds, $4 million in parks bonds and $14 million in Transit bonds in June of 1996. LJ ..., L J Regional Transit Area The Board does not anticipate the issuance of any ad- ditional bonding within the next twelve months. ..., ---.I (I) Taxable Net Tax Capacity values are after the tax increment and fiscal disparity adjustments. (2) Anoka County reported sinking funds of $2,656,229 and a escrow of $37.549.981 as of December 31, 1995. (3) ISD #001 I, Anoka-Hennepin, reported $5,512.678 in sinking funds as of November 30. 1995. (4) ISD #0015. St. Francis. reported $12,372.590 in sinking funds as of April 22, 1996. (5) Deductions: (A) $245.060,000 Metropolitan Waste Control Commission Debt as of March 31. 1996. (B) $37.985.000 Metropolitan Council Sports Facility Revenue Bonds as of March 31, 1996. Note I: Debt Service on A above is 100% self supported from revenues of the Metro Sanitary Sewer System. although the bonds are full faith and credit bonds. Sinking funds of $23,124,862 and escrow account funds of $77,703.000 have not been deducted because said funds are attributable to A above, Fund balances are as of March 31, 1996. Note 2: Debt Service on B (Metropolitan Council, Minneapolis-St. Paul Area Sports Facility Revenue Bonds) is not included in the above debt as the bonds are supported by revenues generated from the sports facility although the bonds are full faith and credit bonds. Note 3: The only tax supported debt as of March 31, 1996 is $23.465,000 with sinking funds of $1,512.441 as of March 31, 1996. (6) The Metropolitan Transit Area reported sinking funds of $148,000 as of March 31. 1996. r1 LJ ...., LJ ..., LJ ...., LJ n - 48 - . . .., ~ Cash and Investment Fund Balances as of March 31. 1996 (unaudited) ~ ....J Fund General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Enterprise Funds Trust Funds -, u ~ u Total .. t Consists of the foIlowinl! Snecial Revenue Funds: Economic Development Authority Fund Drainage and Mapping Fund LRRW Management Fund Forestry Fund Trailfrransportation Fund u .., ...J --, . t t Consists of the foIlowinl! Debt Service Funds: Certificate of Indebtedness Fund Fire Station Bond Fund General Obligation Improvement Bonds of 1977 A Fund General Obligation Improvement Bonds of 1978 Fund General Obligation Improvement Bonds of 1985A Fund General Obligation Improvement Bonds of 1985B/1995B Fund General Obligation Improvement Bonds of 1986A Fund General Obligation Improvement Bonds of 1986B Fund General Obligation Refunding Bonds of 1986C Fund General Obligation Improvement Bonds of 1989A Fund General Obligation Improvement Bonds of 1992 Fund General Obligation Improvement Bonds of 1993A Fund General Obligation Temporary Improvement Bonds of 19940 Fund General Obligation Improvement Bonds of 1994C Fund General Obligation Improvement Bonds of 1995A Fund General Obligation Tax Increment Bonds of 19950 Fund General Obligation State Aid Road Bonds of 1988B General Obligation Tax Increment Bonds of 1993B Water Trunk Fund (debt service portion) Sewer Trunk Fund (debt service portion) ...J ..., ...J ~ ..J .. u .., '..J ...., :..J ttt Consists of the foIlowinl! CaDi tal Proiect Funds: Storm Sewer Capital Project Fund Water Trunk Fund (debt service portion) Sewer Trunk Fund (debt service portion) State Aid Projects Park Dedication Fund City Buildings Construction KelseylRound Lake Park 1995 Equipment Certificate Improvement Bonds of 1994D-Construction Fund Improvement Bonds of 1994C-Construction Fund Improvement Bonds of 1995A-Construction Fund TIF Commercial Revitalization Improvement Unfinanced Fund Permanent Improvement Revolving Fund -, ..J -, ...J ~ ...J ~, u tttt Consists of the foIlowinl! Enternrise Funds: Water Fund Sewer Fund ..., L1 ttttt Consists of the foIlowinl! Trust Funds: Central Equipment Fund Risk Management Fund Escrow Fund Administrative Trust Fund ...., L1 .., '--1 - 49 - $ 1,238,631 148,492t 7,859,024tt 6,042,3 I 2ttt 1,09 I ,73 pttt 573.459ttttt $ 16,953,649 $ 19.195 72,083 325) 53,023 4,516 ($ 83,300) 35.849 644,227 98.867 9,005 335,802) 728,407 22,336) 1,512,724 252,294 73.757 865,908 2,278,554 168,016 717,897 590,533 500 9.681) 207,535 126,070 $ 64,947 526,764 541,819 425,881 129,758 201,638 4,724) 75,480 910,730) 3.175 4,662 4.275.947 738,743) 1,446,438 $ 627.522 464.209 ($ 47,933) 35.112 422,055 164,225 Debt Ratios Net Direct Net Net and Net Direct Direct Overlapping Overlapping Debt Debt Debt Debt To Indicated Market Value 3.28% 2.38% 2.43% 4.81% Per Capita $1,292 $935 $956 $1,891 Per Capita Adjusted2 $1,179 $853 $872 $1 ,725 SUMMARY OF DEBT AND DEBT STATISTICS General Obligation Debt Bonds secured primarily by special assessments (includes two of these issues) Bonds secured primarily by state aids Bonds secured solely by ad valorem taxes on all taxable property Bonds secured primarily by tax increments (includes one of these issues) Subtotal Less bonds payable from state aids Less refunded maturities I Total General Obligation Direct Debt Less: Debt Service Funds Net Direct General Obligation Debt Add City's share of net overlapping debt Total Net Direct and Net Overlapping Debt Facts for Ratio Comoutations 1995-1996 Indicated Market Value (real and personal property) 1995-1996 Net Tax Capacity (real and personal property after tax increment and fiscal disparity adjustments) Population (01l01l96 Estimate) ...., . J ,--, " $ 18,210,000 150,000 2,167,000 9.250.000 $ 29,777,000 ( 150,000) ( 1.200.000) $ 28,427,000 ( 7.859.024) $ 20,567,976 21.037.898 $ 41,605,874 r" LJ n LJ r1 LJ ...., LJ ...., LJ r1 LJ n u r1 LJ $865,449,495 $12,803,201 22,000 ,..., LJ n , , ...., LJ n L' ...., L. r1 LJ r1 LJ I Refunded maturities in the amount of $1,200,000 of the $3.200,000 General Obligation Improvement Bonds, Series 1989A. dated July 1, 1989. 2 The City's tax base is 7.28% commercial & industrial. 1.28% public utility and .19% railroad operating property, which has been deducted. - 50 - ....., L' ...., ..., '-' .., .....J [Appendix ~ to Official Statement] ,..., c..J FORM OF CONTINUING DISCLOSURE UNDERTAKING ~ This Continuing Disclosure Undertaking (the "Disclosure Undertaking") is executed and delivered by the City of Andover, Minnesota (the "Issuer"), in connection with the issuance of $600,000 General Obligation Improvement Bonds of 1996, $2,055,000 General Obligation Tax Increment Bonds of 1996 and $1,230,000 General Obligation Crossover Refunding Bonds of 1996 (collectively, the "Bonds"). The Bonds are being issued pursuant to separate Resolutions each adopted May 21, 1996 (collectively, the "Resolutions"). Pursuant to the Resolutions and this Undertaking, the Issuer covenants and agrees as follows: u ...., L1 ..., ~ .., .., SECTION 1. Purpose of the Disclosure Undertakinq. This Disclosure Undertaking is being executed and delivered by the Issuer for the benefit of the Owners and in order to assist the Participating Underwriters in complying with SEC Rule 15c2-12 (b) (5) . ...J L1 ..., L1 SECTION 2. Definitions. In addition to the definitions set forth in the Resolutions, which apply to any capitalized term used in this Disclosure Undertaking unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any annual financial information provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Undertaking. ~ ...J .., ...J ~ u "Audited Financial Statements" shall mean the financial statements of the Issuer audited annually by an independent certified public accounting firm, prepared pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, modified by governmental accounting standards promulgated by the Government Accounting Standards Board. ' .., c...J ~ u "Dissemination Agent" shall mean such party from time to time designated in writing by the Issuer to act as information dissemination agent and which has filed with the Issuer a written acceptance of such designation. ...., .....J "Fiscal Year" shall be the fiscal year of the Issuer. ..., .....J .., ;.j 318406.1 ..., L1 ...., - 51 - ...J ...., LJ "Governing Body" shall, with respect to the Bonds, have the meaning given that term in Minnesota Statutes, Section 475.51, Subdivision 9. r-, LJ ...., "MSRB" shall mean the Municipal Securities Rulemaking Board. LJ "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. Currently, the following are National Repositories: ,.., LJ Bloomberg Municipal Repository P.O. Box 840 Princeton, NJ 08542-0840 Phone: (609) 279-3200 Fax: (609) 279-5962 M LJ .. LJ Thomson Municipal Services 395 Hudson Street - Third Floor New York, NY 10014 Attn: Municipal Disclosure Phone: (800) 689-8466 Fax: (212) 989-2078 .. LJ r-. L' Disclosure, Inc. 5161 River Road Bethesda, MD 20816 Attn: Document Acquisitions/Municipal Securities Phone: (301) 215-6015 Fax: (301) 718-2329 r' LJ r-. LJ Kenny Information Systems Inc. 65 Broadway - 16th Floor New York, NY 10006-2511 Attn: Repository Services Phone: (212) 770-4595 Fax: (212) 797-7994 r-, LJ ,..., LJ Moody's NRMSIR Public Finance Information Center 99 Church Street New York, NY 10007 Phone: (800) 339-6306 Fax: (212) 553-1460 .. LJ rl LJ R.R. Donnelly Financial Municipal Securities Disclosure Archive 559 Main Street Hudson, MA 01749 Phone: (800) 580-3670 Fax: (508) 562-1969 ....., LJ r1 LJ ...., LJ 318406.1 ....., LJ - 52 - r1 L' ..., u .., ...J "Occurrence(s)" shall mean any of the events listed in Section 5.A. of this Disclosure Undertaking. LJ "Official Statement" shall be the Preliminary Official Statement dated prepared in connection with the Bonds. Official Statement or , 1996, '1 .., L1 "Owners" shall mean the registered holders and, if not the same, the beneficial owners of any Bonds. .., "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. LJ 1 ~ "Repository" shall mean each National Repository and each State Depository. ...., "Resolution" shall mean the resolution or resolutions adopted by the Governing Body of the Issuer providing for, and authorizing the issuance of, the Bonds. ..J .., .J "Rule" shall mean Rule 15c2-12 (b) (5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time or interpreted by the Securities and Exchange Commission. u ...., "State" shall mean the State of Minnesota. --, '.J "State Depository" shall mean any public or private repository or entity designated by the State as a state depository for the purpose of the Rule. As of the date of this Disclosure Undertaking, there is no State Depository in Minnesota. .., u ,.., SECTION 3. provision of Annual Reports. .J ~ C. Beginning in connection with the Fiscal Year ending on December 31, 1996, the Issuer shall, or shall cause the Dissemination Agent to, not later than December 31, 1997, and by December 31 of each year thereafter, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Undertaking. .., ~ ...., .., '-.J D. If the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection A, the Issuer shall send a notice of such delay and estimated date of delivery to each Repository or to the MSRB and to the State Depository, if any. ..., ....J .., L1 318406.1 .., .J - 53 - " -..J SECTION 4. Content and Format of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the financial information and operating data pertaining to the Issuer listed below as of the end of the preceding Fiscal Year. The Annual Report may be submitted to each Repository as a single document or as separate documents comprising a package, and may cross-reference other information as provided in this Disclosure Undertaking. The following financial information and operating data shall be supplied: A. an update of the type of information contained in the Official Statement under the caption ECONOMIC AND FINANCIAL INFORMATION; B. an update of the type of information contained in the Official Statement under the caption SUMMARY OF DEBT AND DEBT STATISTICS; C. an update of the type of information contained in the Official Statement under the caption and subheadings GENERAL INFORMATION - "Major Employers" and "Building Permits" ; D. data extracted from preliminary, unaudited financial statements of the Issuer and from past audited financial statements of the Issuer in the form and of the type contained in the Appendix of the Official Statement; and E. audited financial statements of the Issuer. The audited financial statements of the Issuer may be submitted to each Repository separately from the balance of the Annual Report. In the event audited financial statements of the Issuer are not available on or before the date for filing the Annual Report with the appropriate Repositories as set forth in Section 3.A. above, unaudited financial statements shall be provided as part of the Annual Report. The accounting principles pursuant to which the financial statements will be prepared will be pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, as such principles are modified by the governmental accounting standards promulgated by the Government Accounting Standards Board, as in effect from time to time. If audited financial statements are not provided because they are not available on or before the date for filing the Annual Report, the Issuer shall promptly provide them to the Repositories when available. 318406.1 - 54 - ~ LJ ....., u r-, LI r1 LJ M L1 M L J ,.., LJ " l J .. LA n LJ ,..., L1 n LJ ....., LI ..... LI n LJ n LJ ....., L1 r1 LJ r-' ~ ...J .., SECTION 5. Recortinq of Siqnificant Events. ...J u A. This Section 5 shall govern the giving of notices of the occurrence of any of the following events with respect to the Bonds, if material: --, ...., (1) principal and interest payment delinquency; (2) non-payment related defaults; ..J -, ....J (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; ....J --, ~ (5) substitution of credit or liquidity providers, or their failure to perform; ~ ...., ;J (6) adverse tax opinions or events affecting the tax- exempt status of the security; ...J (7) modifications to rights of security holders; '(8) optional or unscheduled redemption of any Bonds; ~ ...., (9) defeasances; LJ (10) release, substitution or sale of property securing repayment of the Bonds; and ...., ..J (11) rating changes. ~ u B. Whenever an event listed in Section 5.A. above has occurred, the Issuer shall as soon as possible determine if such event would constitute material information for Owners of Bonds. If knowledge of the Occurrence would be material, the Issuer shall promptly file a notice of such Occurrence with each National Repository or the MSRB and with the State Depository, if any. .., ..j ...., ..., L1 c.. The Issuer agrees to provide or cause to be provided, in a timely manner, to each National Repository or the MSRB and to the State Depository, if any, notice of a failure by the Issuer to provide the Annual Reports described in Section,4. SECTION 6. Termination of Re90rting Obliqation. The Issuer's obligations under this Disclosure Undertaking shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. LJ ..., :..J ..., '...J ..., ...J 318406.1 '1 - 55 - ..J SECTION 7. Dissemination Aaent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Undertaking, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. SECTION 8. Amendment: Waiver. Notwithstanding any other provision of this Disclosure Undertaking, the Issuer may amend this Disclosure Undertaking, and any provision of this Disclosure Undertaking may be waived, if (a) a change in law or change in the ordinary business or operation of the Issuer has occurred, (b) such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule, and (c) such amendment or waiver is supported by an opinion of counsel expert in federal securities laws to the effect that such amendment or waiver would not materially impair the interests of Owners. SECTION 9. Additional Information. Nothing in this Disclosure Undertaking shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Undertaking or any other means of communication, or including any other information in any Annual Report or notice of an Occurrence, in addition to that which is required by this Disclosure Undertaking. If the Issuer chooses to include any information in any Annual Report or notice of an Occurrence in addition to that which is specifically required by this Disclosure Undertaking, the Issuer shall have no obligation under this Disclosure Undertaking to update such information or include it in any future Annual Report or notice of an Occurrence. SECTION 10. Default. In the event of a failure of the Issuer to provide information required by this Disclosure Undertaking, any Owner may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations to provide information under this Disclosure Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the event of any failure of the Issuer to comply with this Disclosure Undertaking shall be an action to compel performance. SECTION 11. Beneficiaries. This Disclosure Undertaking shall inure solely to the benefit of the Issuer, the Participa- ting Underwriters and Owners from time to time of the Bonds, and shall create no rights in any other person or entity. 318406.1 - 56 - n . I r-, LJ r-, L I ,.., LJ n LJ ... L1 ,.., LJ n . , r-> LJ ..., LJ ,..., LJ r-\ LJ ....., L I .. LJ ,.., L.l ,.., LJ ...., LJ n LJ ,., L' ~ L1 , .., '-J ...., SECTION 12. Reserved Riqhts. The Issuer reserves the right to discontinue providing any information required under the Rule if a final determination should be made by a court of competent jurisdiction that the Rule is invalid or otherwise unlawful or, subject to the provisions of Section 8 hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer determines that such modification is required by the Rule or by a court of competent jurisdiction. ~ L.l u Date: June __, 1996 -, ....J CITY OF ANDOVER, MINNESOTA .. ~ By Its Mayor .. ...J By ...., Its Clerk L.l .. L.l .., ~ .. ,J ...., ...J ..., u .., J .., :...J 'l :..J ..., u 318406.1 .., ..J 1 '...1 - 57 - APPENDIX B ,...., LAW OFFICES LJ BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION ....., L. 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA ~:5101 ,.., TELEPHONE (6121 223 - 6eOO FACSIMILE (6121 223-6~O l I WHITEB:*S DIRECT DIAI.. NUMBER MINNE.A.POLIS OFFICE 2400 IDS CENTER MINNEAPOLIS# MINNESOTA 15M02 TELEPHONE 1(12) 334 - 8400 FACSIMILE (6121 334,.86GO ....., LJ n LJ ,...., PROPOSED FORM OF LEGAL OPINION LJ ,.., $2,055,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1996 CITY OF ANDOVER ANOKA COUNTY MINNESOTA LJ n , J ,...., LJ We have acted as bond counsel in connection with the issuance by the City of Andover, Anoka County, Minnesota (the "Issuer"), of its $2,055,000 General Obligation Tax Increment Bonds of 1996, bearing a date of original issue of June 1, 1996 (the "Bonds"). We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. ...., L I r-1 L' r> We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and we express no opinion relating thereto. L-' ...., L I As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. r' LJ ,...., Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies and the authenticity of the originals of such documents, and the accuracy of the statements of fact contained in such documents, and based upon present Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our opinion that: LJ r. LJ ,.., LJ r1 LJ - 58 - ..... , , ,., u BRIGGS AND MORGAN I ;..j PROPOSED FORM OF LEGAL OPINION u (1) The proceedings show lawful authority for the issuance of the Bonds according to their terms under the Constitution and laws of the State of Minnesota now in force. I I ;..j (2) The Bonds are valid and binding general obligations of the Issuer and all of the taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount; provided that the enforceability (but not the validity) of the Bonds and the pledge of taxes for the payment of the principal and interest thereon is subject to the exercise of judicial discretion in accordance with general principles of equity, to the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. J -, -J ...., ...., u -, ..., (3) At the time of the issuance and delivery of the Bonds to the original purchaser, the interest on the Bonds is excluded from gross income for United States income tax purposes and is excluded, to the same extent, from both gross income and taxable net income for State of Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; it should be noted, however, that for the purpose of computing the federal alternative minimum tax imposed on corporations, such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes and from both gross income and taxable net income for State of Minnesota income tax purposes. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income and taxable net income retroactive to the date of issuance of the Bonds. u ..., u ..., , u ...., ;..J ..., .-1 "\ ...J I u u " We express no opinion regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. '...J ....., ..J BRIGGS AND MORGAN Professional Association ..., u .., ....J - 59 - LAW OFFICES BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA :5::>101 TELEPHONE (612} 223 - 6600 FACSIMILE (612) 223-640,0 WRITER'S DIRECT DIAL NUMBER MINNEAPOLIS OFFICE 2400 IDS CENTEB MINNEAPQUS. MINNESOTA OM02 TELEPHONE 1612\ 334 - 6400 FACSIMILE (612) 334,-86l!lO PROPOSED FORM OF LEGAL OPINION $1,230,000 GENERAL OBLIGATION CROSSOVER REFUNDING BONDS OF 1996 CITY OF ANDOVER ANOKA COUNTY MINNESOTA We have acted as bond counsel in connection with the issuance by the City of Andover, Anoka County, Minnesota (the "Issuer"), of its $1,230,000 General Obligation Crossover Refunding Bonds of 1996, bearing a date of original issue of June 1, 1996 (the "Bonds"). We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and we express no opinion relating thereto. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies and the authenticity of the originals of such documents, and the accuracy of the statements of fact contained in such documents, and based upon present Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our opinion that: - 60 - ,.., L' r, " 1 J ,..., LJ ....., w ,.., . J ,..., LJ ,.., . J ,-, LJ ,..., , I ,..., LJ " LI ....., ~J ,.., l J ,..., L J " L I ....., LJ " LJ ,..., . . ~ ...J BRIGGS AND MORGAN ..., ..J PROPOSED FORM OF LEGAL OPINION ~ (1) The proceedings show lawful authority for the issuance of the Bonds according to their terms under the Constitution and laws of the State of Minnesota now in force. LJ ...., ...1 (2) The Bonds are valid and binding general obligations of the Issuer and all of the taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount; provided that the enforceability (but not the validity) of the Bonds and the pledge of taxes for the payment of the principal and interest thereon is subject to the exercise of judicial discretion in accordance with general principles of equity, to the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. ..., .J "\ ~ ...., ..J ...., .., (3) At the time of the issuance and delivery of the Bonds to the original purchaser, the interest on the Bonds is excluded from gross income for United States income tax purposes and is excluded, to the same extent, from both gross income and taxable net income for State of Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; it should be noted, however, that for the purpose of computing the federal alternative minimum tax imposed on corporations, such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes and from both gross income and taxable net income for State of Minnesota income tax purposes. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income and taxable net income retroactive to the date of issuance of the Bonds. ;..J ...., .J ..., ....J ...., L1 ..., U \ , .I ...., u ...J We express no opinion regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. 'I U ..., ..J BRIGGS AND MORGAN Professional Association 1 LJ - 61 - 1 ..J r'\ LAW OFFICES BRIGGS AND MORGAN ! , PROFESSIONAL ASSOCIATION r, '-I 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 1515101 ...., TELEPHONE (6121 223 - 6600 FACSIMILE f(12) 223-64150 l J WRITER'S DIRECT DIAL NUMBER MINNEAPOLIS OFFICE 2400 IDS CENTER MINNEAPOUS, MINNESOTA I5M02 TELEPHONE 1C312} 334, 6400 l"ACSIKILE (612) 334-66e.O r1 LJ r\ LI .. PROPOSED FORM OF LEGAL OPINION l J .. $600,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1996 CITY OF ANDOVER ANOKA COUNTY MINNESOTA LJ ,.., . J r, LJ We have acted as bond counsel in connection with the issuance by the City of Andover, Anoka County, Minnesota (the "Issuer"), of its $600,000 General Obligation Improvement Bonds of 1996, bearing a date of original issue of June 1, 1996 (the "Bonds"). We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. ...., l J n LI We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and we express no opinion relating thereto. r\ L' ~ l I As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. '" LJ Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies and the authenticity of the originals of such documents, and the accuracy of the statements of fact contained in such documents, and based upon present Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our opinion that: ....., L J r1 L' .. LJ r1 LJ - 62 - r1 L' .-, ..J BRIGGS AND MORGAN ...., u PROPOSED FORM OF LEGAL OPINION ..., ..J (1) The proceedings show lawful authority for the issuance of the Bonds according to their terms under the Constitution and laws of the State of Minnesota now in force. ..., ~ (2) The Bonds are valid and binding general obligations of the Issuer and all of the taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount; provided that the enforceability (but not the validity) of the Bonds and the pledge of taxes for the payment of the principal and interest thereon is subject to the exercise of judicial discretion in accordance with general principles of equity, to the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. ...J ..., -l ~ ~, 0....1 ..., ..., u (3) At the time of the issuance and delivery of the Bonds to the original purchaser, the interest on the Bonds is excluded from gross income for United States income tax purposes and is excluded, to the same extent, from both gross income and taxable net income for State of Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; it should be noted, however, that for the purpose of computing the federal alternative minimum tax imposed on corporations, such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes and from both gross income and taxable net income for State of Minnesota income tax purposes. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income and taxable net income retroactive to the date of issuance of the Bonds. u '\ d .., ....J 'I ;.j ,..., ~ "' ...J ~ u -, U We express no opinion regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. ..., u BRIGGS AND MORGAN Professional Association \ L.l - 63 - ..., ~ The following fmancial statements are excerpts from the annual financial report for the year ended December 31, 1995. The complete fmancial report for the year 1995 and prior years are available for inspection at the Andover City Hall and the St. Paul office of Juran & Moody, Inc. The reader of this official statement should be aware that the complete fmancial report may have further data relating to the excerpts presented in this appendix which may provide additional explanation, interpretation or modification of the excerpts. .~ .....J APPENDIX C -.J ~ ,,-I ....., u ...., _J Excerots from the Financial Reoort ..., Combined Balance Sheet - All Fund Types and Account Groups.............. Combined Statement of Revenue, Expenditures and Changes in Fund Balance - All Governmental Fund Types and Expandable Trust Fund...... Combined Statement of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual- General and Debt Service Funds............ Combined Statement of Revenue, Expenses and Changes in Retained Earnings - Proprietary Fund Types...................................... Combined Statement of Cash Flows--Proprietary Fund Types................... Notes to Combined Financial Statements ............... .... ....... ................... .J ..., ;..j "\ ~ " u ..., .J ~ ..J .., -.J .-, _ J l u -, ~ -, '-.1 .., u '1 U - 65- ..., ..J 66- 69 70- 71 72- 73 74 75 76-101 r1 l J CITY OF ANDOVER -, Combined Balance Sheet All Fund Types and Account Groups As of December 31, 1995 (with Comparative Totals as of December 31, 1994) L I M I J ,.., LJ Governmental Fund Types Special Debt Capital General Revenue Service Project Assets and Other Debits Assets Cash and temporary investments S 1,591,850 $ 150,161 $ 7,677,854 $ 7,665,011 Cash and investments held by trustee Receivables Accounts 60,056 2,804 Accrued interest 21,005 1,977 157,681 232,008 Delinquent taxes 41,122 368 9,337 Delinquent special assessments 925 36,439 44,719 Deferred special assessments 47 4,766,043 1,581,681 Due from other governmental units 77,356 120 13,291 90,603 Due from other funds 20,000 Due from developer 163,070 Prepaid items 45,203 Inventory 34,218 Property, plant, and equipment, net of accumulated depreciation Other debits Amount available in Debt Service Funds Amount to be provided for long-term debt Total assets and other debits S 1.891,782 $ 152.626 S 12.660.645 S 9.779,896 M L/ .. LJ ,-, LJ ,...., LJ rl LJ ,.., l J r1 LI n . J r1 . I r; l , r, l J r' ,.., l I See notes to fmancial statements r1 Lj - 66 - n LI ..., ,_1 ~ ..J ..., '..-.1 ~ L1 -., ~J ...., ~j .., ,j S --I ~ " ..J ..., ~j -, ..J Proprietary Fund Types Enterprise Internal Service Fiduciary Fund Type Trust and Agency Account Groups General General Fixed Assets Long-Term (Unaudited) Debt 834,206 S 50,149 S 567,969 S 93,130 367.618 19,709 5,272 8,462 173 47,525 9,692 20,850,729 .., ;.j ~ , 1 S 22.143.386 -, ..J ~ ~ .., , '" ., ..J -., '_J ., ...J 456 28,422 5,166 S 7,861,223 7,848,274 18,575.392 Totals (Memorandum Only) 1995 1994 $ 18,537,200 $ 18,731,952 93,130 56,027 430,478 328,097 438,002 305,697 50,827 61,436 87,355 153,743 6,356,233 3,749,519 181,543 213,014 20,000 20,000 163,070 177 ,544 92,728 101,228 72,332 30,047 28,711,952 22,366,681 7,848,274 18,575,392 10,038,090 14,136.655 $ 79.027 $ 666.265 $ 7,861.223 $ 26,423.666 S 81.658.516 $ 70.469,730 - 67 - (continued) ...., !.I CITY OF ANDOVER ....., Combined Balance Sheet (continued) . , All Fund Types and Account Groups ,..., As of December 31, 1995 (with Comparative Totals as of December 31, 1994) 1 J ...., LJ Governmental Fund Types ...., Special Debt Capital .. J General Revenue Service Proj ect ,..., Liabilities, Equity, and Other Credits I J Liabilities '"" Accounts payable $ 67,550 $ 1,516 $ $ 104,505 1..) Contracts payable 287,408 Accrued items 15,810 1,338 ,..., Due to other funds 20,000 LJ Due to other governmental units 69,427 Deposits payable r. Deferred revenue 42,095 40,628 4,811,818 1,809,099 Arbitrage rebate 553 3,890 '-J Contracts for deed Bonds and certificates payable M Deferred compensation payable to employees , ) Total liabilities 194,882 43,482 4,812,371 2,224,902 ,.., Equity and other credits Ll Investment in general fixed assets Contributed capital r1 Retained earnings Unreserved . I Fund balance (deficit) " Reserved for debt service 8,169,655 Reserved for long-term investments '-1 Unreserved Designated for employee benefits ...., Designated for assessment administration . J Designated for working capital 1,530,047 Designated for capital projects 8,740,772 r1 Designated for equipment 619,954 LJ Designated for future expenditures 166,853 Undesignated 109,144 (321,381) (1,805,732) r1 Total equity and other credits 1,696,900 109,144 7,848,274 7,554,994 . ) Total liabilities, equity, and other credits $ 1.891.782 $ 152.626 $ 12,660.645 $ 9.779.896 ....., l' See notes to financial statements r1 L'- r1 - 68 - L' ...., -.j ..., ~j ...., u ..., ~ Proprietary Fiduciary Totals ..., Fund Types Fund Type Account Groups (Memorandum Only) . 1 General General Internal Trust and Fixed Assets Long-Tenn ~ Enterprise Service Agency (Unaudited) Debt 1995 1994 ..J ~ ;.J S 10,525 $ 14,452 $ 4,422 $ $ 240,565 S 443,535 $ 596,385 287,408 138,743 ..., 11,728 1,094 89 113,714 143,773 142,600 .. J 20,000 20,000 2,679 72,106 32,222 '"'-, 75 361,988 362,063 667,238 2,951 6,706,591 4,174,390 u 4,443 4,443 ...., 12,387 12,387 25,523 26,057,000 26,057,000 23,900,000 u 93.130 93,130 52,547 27,958 15,546 459,629 26,423,666 34,202,436 29,754,091 ...., -l 7,861,223 7,86 I ,223 5,926,180 ......, 20,629,717 50,000 20,679,717 16,322,592 L1 1,485,71 I 13,481 1,499,192 1,167,118 ...., 8,169,655 8,535,835 ...J 2,293,305 ~ 39,934 39,934 20,628 ..J 166,702 166,702 230,686 1,530,047 760,444 . , 8,740,772 5,456,612 u 619,954 46,328 166,853 r (2,017.969) (44,089) 22.115.428 63.481 206.636 7,861,223 47,456,080 40,715.639 J " $ 22.143.386 S 79.027 $ 666.265 $ 7.861.223 S 26.423.666 S 81.658,516 $ 70.469.730 W .. ~ .., - 69 - ..J ....., LJ CITY OF ANDOVER ~ Combined Statement of Revenue, Expenditures, and Changes in Fund Balance t I All Governmental Fund Types and Expendable Trust Funds Year Ended December 3 I, 1995 ~ (with Comparative Totals for Year Ended December 31.1994) LJ Governmental Fund Tvpes ,.., Special Debt Capital General Revenue Service Project LJ Revenue Taxes ad valorem S 1,810,213 S 12,579 $ 337,490 S r1 Tax increments 770,354 ; 1 Special assessments 12 3,855.686 396,419 Licenses and pennits 410,212 ~ Intergovernmental 747,627 10,521 190,595 75.570 Charges for services 549.606 LJ Fines and forfeits 46.152 Other n Interest earned on investtnents 15,716 2.213 258,557 283,034 Park dedication fees 143,382 , , Refunds and reimbursements 13.228 8 Miscellaneous 3,042 46.246 54 371,819 M Total revenue 3,595.796 71,571 5,412,736 1.270,232 ~ J Expenditures r": Current General government 932,460 LJ Public safety 1,060.210 Public works 637,551 93,319 n Sanitation 34,795 Parks and recreation 329,416 I J Recycling 58.260 Economic development 22 n Unallocated 93.546 Miscellaneous . I Capital projects 7,826.360 Debt service n Principal 7.843,000 Interest and other 1,283,040 ' I Total expenditures 3,146,260 93,319 9,126,040 7,826,360 r-. Excess (deficiency) of revenue over expenditures 449,536 (21,748) (3.713,304) (6.556,128) LJ Other financing sources (uses) ,.., Bond and cenificate proceeds (net) 893,767 8,905,199 Sale of propeny 10.000 154,925 . j Operating transfers in 300.988 23,253 400,630 1,122,965 Operating transfers (out) (39.500) (1,769,706) r-, Total other financing sources (uses) 261,488 33.253 1,294,397 8,413.383 LJ Excess (deficiency) ofrevenue and other financing sources over expenditures ,., and other financing uses 711,024 11,505 (2,418.907) 1,857,255 LI Fund balance Beginning of year 985,876 97,639 10,038,090 5.926.830 Residual equity transfers in 464.633 3.227,922 Residual equity transfers (out) (235.542) (3,457.013) LJ End of year S 1,696.900 S 109.144 S 7.848,274 S 7.554.994 r1 L; See notes to financial statements ~ - 70 - LI .., LJ .., ...J ...., . J Fiduciary Totals ...., Fund Tvpe (Memorandum Onlv) Expendable ;..j Trust 1995 1994 ..., S S 2, J 60,282 S 1.823,119 ..J 770,354 707,388 4,252,117 4,336,861 410,212 410,733 .., 1.024,313 1,723,493 ...J 549,606 227,960 46,152 40.496 ..., 7,344 566,864 868,126 l J 143,382 140,074 13,236 43.104 ..., 32.40 I 453,562 134.40 I 39,745 J 0.390.080 10,455.755 LJ ..., ~ 932,460 804,726 1,060,210 970,174 730,870 677,692 ..., 34,795 51,522 ~ 329,416 294,158 58,260 49,574 22 21,916 ..., 93,546 86.278 ..J 21.423 21.423 5,649 7,826,360 5,249,436 .., 7,843,000 6.468,000 LJ 1,283,040 1,391,180 21.423 20.213.402 16,070.305 .., 18,322 (9,823,322) (5,614,550) LJ ..., 9,798,966 5,843,601 ;..j 164,925 79.827 8,000 1,855,836 4,731,827 (71,000) (1.880,206 ) (4.717,397) ..., (63.000) 9,939.521 5,937.858 LJ ..., (44,678) 116,199 323,308 , J ....., 251.314 17,299,749 16,976,441 3,692,555 1,274,326 ~ (3,692.555) ( 1.274.326) "1 S 206.636 S 17.415,948 S 17.299.749 ;..j -71 - ..., ..J n LJ CITY OF ANDOVER n Combined Statement of Revenue, Expenditures, and Changes in Fund Balance Budget and Actual General and Debt Service Funds Year Ended December 3 I, 1995 . , ~ l J Revenue Taxes ad valorem Tax increments Special assessments Licenses and permits Intergovernmental Charges for services Fines and forfeits Other Interest earned on investments Refunds and reimbursements Miscellaneous Total revenue General Fund Over (Under) Budget Actual Budget S 1,829,352 S 1,810,213 S (19,139) 369,655 410,212 40,557 759,320 747,627 (11,693) 360,623 549,606 188,983 39,000 46,152 7,152 33,000 15,716 (17,284) 14,760 13,228 (1,532) 4,300 3,042 (1,258) 3,410,0 I 0 3,595,796 185,786 n u r"I LJ ~ LJ n . J .-. LJ Expenditures Current General government Public safety Public works Sanitation Parks and recreation Recycling Economic development Unallocated Debt service Principal Interest and other Total expenditures ..., 951,735 932,460 (19,275) 1,073,928 1,060,210 (13,718) 812,317 637,551 (174,766) 60,155 34,795 (25,360) 341,645 329,416 (12,229) 48,865 58,260 9,395 22 22 184,365 93,546 (90,819) L-J .., LJ ,..., . J ..., L' 3,473,010 3,146,260 (326,750) r-1 Excess (deficiency) ofrevenue over expenditures (63,000) 449,536 512,536 LJ Other financing sources (uses) Bond and certificate proceeds (net) Operating transfers in Operating transfers (out) Total other financing sources (uses) n 71,000 (8,000) 63,000 300,988 (39,500) 261,488 229,988 (3 I ,500) 198,488 LJ n Excess (deficiency) of revenue and other financing sources over expenditures and other financing uses LJ s 711,024 S 711,024 n Fund balance Beginning of year Residual equity transfers in Residual equity transfers (out) 985,876 II .. u End of year S I ,696,900 n See notes to financial statements LJ - 72 - ..., L, :a Debt Service Funds i Over (Under) Budget Actual Budget S 335,531 S 337,490 S 1,959 220,000 770,354 550,354 1,456,580 3,855,686 2,399,106 ` 199,821 190,595 (9,226) 287,500 258,557 (28,943) — 54 54 Li 2,499,432 5,412,736 2,913,304 7,143,000 7,843,000 700,000 J 1,300,437 1,283,040 (17,397) 8,443,437 9,126,040 682,603 — t (5,944,005) (3,713,304) 2,230,701 — 893,767 893,767 37,630 400,630 363,000 "t 37,630 1,294,397 1,256,767 t1 S (5,906.375) (2,418,907) S 3,487,468 :J 10,038,090 t 464,633 (235.542) S 7,848,274 :__1 —73— �l ....., I,J CITY OF A1'.'DOVER r""' Combined Statement of Revenue, Expenses, and Changes in Retained Earnings l) Proprietary Fund Types Year Ended December 3]. ]995 ,~ (with Comparative Totals for Year Ended December 3], ] 994) LJ Totals ....., Internal (Memorandum Only) Enterprise Service ]995 ]994 '-J Operating revenue rl User charges $ ],]49,898 S 187,800 $ ] ,337,698 S 1,]28,789 Meters 44,723 44,723 48,238 L-l Permit fees 13,600 13,600 ]8,200 Penalties ]8,304 18,304 19,279 ~ Other 2],736 21,736 3,644 LJ Total operating revenue 1,248,26] ] 87,800 1,436,061 1,2] 8,150 n Operating expenses Personal services 247,151 57,979 305,130 248,814 '-' Supplies 31,498 ]04,57] 136,069 ] 17,868 ~ Meters, etc. 599 Other services and charges ]22,964 38,235 ]61,199 ]37,226 LJ Disposal charges 423,121 423,121 362,880 Capital outlay 38,657 38,657 32,]93 n Total operating expenses 824.734 239,442 ],064,]76 899,580 . i Operating income (loss) before depreciation 423,527 (5 I ,642) 371,885 318,570 r-', Depreciation 476,525 476,525 441,032 LJ n Operating loss (52,998) (5] ,642) (104,640) (122,462) . .. Other income Interest income (charged) 25,365 (482) 24.883 24.482 n , . Loss before operating transfers (27,633) (52,]24) (79,757) (97,980) n Operating transfers in 30,500 31,500 62,000 43,200 ~ J Operating transfers (out) (37,630) (37,630) (57,630) Total operating transfers (7,]30) 31.500 24,370 (14,430) n Net loss (34,763) (20,624) (55,387) (112,410) . , ...., Less capital contributed from utility customers (45,319) (45,319) (44,638) Add credit for depreciation on contributed assets 432,780 432,780 411,851 LJ Income (loss) closed to retained earnings 352,698 (20,624) 332,074 254,803 n . , Retained earnings Beginning of year 1.133,013 34,]05 1,167,118 912.315 '-' End of year S 1.485.71 I S 13.48 I S 1.499.192 S 1.167.118 O-J n See notes to financial statements LJ n - 74 - L' \ U CITY OF M'DOVER , ~ Combined Statement of Cash Flows Proprietary Fund Types ~. Year Ended December 31, 1995 U (with Comparative Totals for Year Ended December 31,1994) Totals 'I Internal (Memorandum Only) Ll Enterprise Service 1995 1994 Cash flows from operating activities ..., Operating loss $ (52,998) $ (51,642) $ (104,640) $ (122,462) LJ Adjusnnents to reconcile operating loss to net cash provided (used) by operating activities Depreciation 476,525 476,525 441,032 Change in assets and liabilities LJ Receivables Accounts (93,170) 181 (92,989) (47,337) --, Delinquent special assessments (1,569) (1,569) (1,244) c-J Deferred special assessments 20,244 Due from other governmental units 208 208 (13) Prepaid items (11,822) (11,822) (5,463) u Inventory (3,586) (5,858) (9,444) (1,542) Accounts payable (1,856) 4,557 2,701 3,185 Accrued items (5,372) 342 (5,030) 4,142 .., Due to other governmental units 153 153 (163) ~ Deposits payable 13 Deferred revenue 1,569 1,569 1,244 .., Net cash provided (used) U by operating activities 308,082 (52,420) 255,662 291,636 --, Cash flows from capital and related financing activities Acquisition of capital assets (142,167) (142,167) (102,490) oJ .., Cash flows from investing activities Interest received (paid) 16,574 (116) 16,458 26,504 d Cash flows from noncapital fmancing activities ., Operating transfers in 30,500 31,500 62.000 43,200 L.' Operating transfers (out) (37,630) (37,630) (57,630) Net cash provided (used) by .., noncapital fmancing activities (7,130) 31.500 24,370 (14,430) U Net increase (decrease) in cash and temporary investments 175,359 (21,036) 154,323 201,220 ~, LJ Cash and temporary investments Beginning of year 658,847 71,185 730,032 528,812 .., ~ End of year $ 834.206 $ 50,149 $ 884.355 $ 730.032 ..., Noncash capital and related financing activities :J Property and equipment contributed from Capital Project Funds $ 4,744.586 $ $ 4.744.586 $ --, LJ See notes to financial statements --, - 75 - ...J r1 LJ CITY OF ANDOVER ,...., Notes to Financial Statements December 31, 1995 /1 T1 LJ NOTE 1 - SUMMARY OF SIG1'.'IFICA,'\T ACCOUNTING POLICIES r1 LJ A. Organization ,.., The City operates under "Optional Plan A" form of government as defmed in State of Minnesota Statutes. The City Council, composed of an elected mayor and four elected trustees or councilmembers, exercises legislative authority and determines all matters of policy. . J ...., LJ The accounting policies of the City conform to generally accepted accounting principles as applicable to governmental units. ,.., B. Reporting Entity l J ...., The City's financial statements include all funds, account groups, departments, agencies, boards, commissions, and any component units of the City (the primary government). Component units are legally separate entities for which the primary government is financially accountable, or for which the exclusion of the component unit would render the financial statements of the primary government misleading. The criteria used to detennine if the primary government is fmancially accountable for a component unit include whether or not the primary government appoints the voting majority of the potential component unit's board, is able to impose its will on the potential component unit, is in a relationship of fmancial benefit or burden with the potential component unit, or is fiscally depended upon by the potential component unit. LJ ,.., L' n u Based on these criteria, the Andover Economic Development Authority (EDA) is included as a component unit of the City. Because the EDA's board is made up of Andover's mayor and councilmembers, its fmancial data has been blended with that of the City (i.e., reported as though its funds were funds of the City). ,...., , . r'I l J C. Basis of Statement Presentation r-, The accounts of the City are organized on the basis of funds and account groups, each of which is accounted for as an independent entity, A description of the fund types and account groups included in the report are as follows: I, J n L , 1. Goverrunental Fund Types ,.., a. General Fund - The General Fund is used to account for all financial resources except those required to be accounted for in another fund. l J r1 b. Special Revenue Funds - The Special Revenue Funds are used to account for the proceeds of certain specific revenue sources (other than expendable trusts or major capital projects) that are legally restricted to expenditures for specified purposes. .. , ...., ,...., Ll r1 - 76 - .1 .., ~ .., CITY OF ANDOVER c J Notes to Financial Statements (continued) December 31, 1995 ~ u ..., NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) LJ ..., c. Debt Service Funds - The Debt Service Funds are used to account for the accumulation of resources for, and payment of principal, interest, and related costs of bonded general long-term debt obligations, . J ~ L~ d. Capital Project Funds - The Capital Project Funds are used to account for fInancial resources to be used for the acquisition or construction of major capital facilities or equipment (other than those fmanced by Proprietary Funds and Trust Funds). ..., u 2. Proprietary Fund Types -. a. Enterprise Funds - The Enterprise Funds are used to account for operations that are fmanced and operated in a manner similar to private business enterprises - where the intent of the governing body is that the costs of providing goods or services to the general public on a continuing basis be fInanced or recovered primarily through user charges. u -, lJ u b. Internal Service Fund - The Internal Service Fund is used to account for the City's Central Equipment Maintenance operations. Internal Service Fund operations are operated in a manner similar to Enterprise Funds, except that the services are provided primarily to other departments within the City. -, ;..j 3. Fiduciary Fund Type ,.J a. Trust and Agency Funds - The Trust and Agency Funds are used to account for assets held by the City in the capacity of trustee or agent. ,..., " 4. Account Groups u a. General Fixed Assets (Unaudited) - This group of accounts contains the fIxed assets of the governmental fund types. -, , J b. General Long-Term Debt - This group of accounts contains the long-term obligations of the City other than those liabilities included in the Proprietary Funds. ...., u D. Measurement Focus and Basis of Accounting -, The accounting and fInancial reporting treatment applied to a fund is determined by its measurement focus and its basis of accounting. LJ ..., u -, u ,..., - 77 - :...J r-, --, CITY OF ANDOVER r-, I J Notes to Financial Statements (continued) December 31, 1995 ,., LJ ,..., NOTE 1 - SUJ\IMARY OF SIGJ\'IFICA,;~T ACCOU1'\'TING POLICIES (CO~TINUED) LJ Measurement Focus ,..., The measurement focus of a fund determines what the fund measures. I I All Governmental and Expendable Trust Funds are accounted for using a current fmancial resources measurement focus. With this measurement focus, only current assets and current liabilities generally are included on the balance sheet. Operating statements present increases (revenue and other fmancing sources) and decreases (expenditures and other financing uses) in net current assets. n ~--1 n LJ Fixed assets used in governmental fund type operations and long-term liabilities expected to be financed from governmental funds are accounted for in two account groups, as they are concerned only with the measurement of financial position, and are not involved with measurement of results of operations. rc LJ Proprietary Funds are accounted for on a flow of economic resources measurement focus. With this measurement focus, all assets and liabilities associated with the operation of these funds are included on the balance sheet. Fund equity (net total assets) is segregated into contributed capital and retained earnings components. Proprietary fund type operating statements present increases (revenues) and decreases (expenses) in net total assets. n . J ,~ u Agency Funds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations, r-, l , Basis of Accounting r-, A fund's basis of accounting determines ~ a transaction or event is recognized in the fund's operating statement. , ! h The modified accrual basis of accounting is used by all governmental fund types, Expendable Trust Funds, and Agency Funds. Under this basis of accounting, transactions are recorded in the following manner: LJ r-, 1. Revenue Recognition - Revenue is recognized when it becomes measurable and available. "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. . , r-, u Major revenue that is susceptible to accrual includes property taxes, special assessments, intergovernmental revenue, charges for services, and interest earned on investments. Major revenue that is not susceptible to accrual includes licenses and permits, fees, and miscellaneous revenue. Such revenue is recorded only when received because it is not measurable until collected. n . J ....., LJ " LJ - 78 - r-, LJ ,.., u ,.., CITY OF ANDOVER LJ .., Notes to Financial StatemenlS (continued) December 31, 1995 u .., LJ NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) ,...., 2. Recording of Expenditures - Expenditures are recognized under the modified accrual basis of accounting when the related fund liability is incurred. However, expenditures are recorded as prepaid for approved disbursemenlS or liabilities incurred in advance of the year in which the item is to be used. Principal and interest on generallong-tenn debt is recognized when due. LJ ,.., u Proprietary Funds are accounted for using the accrual basis of accounting. Under this method, revenues are recognized when earned and expenses are recognized when they are incurred. The City applies all applicable pronouncemenlS of the Financial Accounting Standards Board in accounting and reporting for its proprietary operations. ...., u .., E. Cash and Investments u ..., Cash balances from all funds are combined and invested to the extent available in short-tenn invesnnents. Earnings from the pooled investments are allocated to the individual funds based on the average monthly cash and invesnnent balances of the respective funds. u .., LJ Cash and invesnnenlS held by trustee include balances held in segregated accounts established for specific purposes. Interest earned on these investments is allocated directly to the fund, In the Expendable Trust and Agency Funds, a trust account has been established for deferred compensation payable to employees. " ~ InvestmenlS are generally stated at cost or amortized cost, except for asselS of the Deferred Compensation Plan Agency Funds, which are reported at market value. The carrying value of the City's equity in the Piper Jaffray "Institutional Government Income Portfolio Fund" was reduced by approximately 5650,000 during the fiscal year ended December 31,1995, due to a significant drop in the market value of the shares of the invesnnent pool. See also Note 18. " ..J .., LJ F. Budget ,.., The amounts shown on the fmancial statements as "Budget" represent the revised budget amounts based on the modified accrual basis of accounting. Budgets are adopted annually by the Council for the General and Debt Service Funds. Neither Minnesota Statutes nor City Code establish a legal level of control for the budgets presented. The 1995 budget was amended at the departmental level. The "Combined Statement of Revenue, Expenditures, and Changes in Fund Balance - Budget and Actual" reflects all budgetary to actual comparisons for governmental funds budgeted by the City. Encumbrance accounting is not used and expenditure appropriations lapse at year-end. :...J ,.., u ,.., L1 Budgeted appropriations (including operating transfers out) shown are as originally adopted except for the following budget amendments: .., LJ Original Budget Amendments Amended Budget .., ~ General Fund $ 3,301,250 $ 179,760 S 3,481,010 ..., - 79 - ....J ,...., LJ CITY OF ANDOVER ,..., Notes to Financial Statements (continued) December 31, 1995 LJ ,..., LJ NOTE 1 - SUMMARY OF SIGNIFICA..~'T ACCOUNTING POLICIES (CONTINUED) ,..., LJ G. Property Taxes ,...., Property tax levies are set by the City Council in December of each year, and are cenified to Anoka County for collection in the following year. In Minnesota, counties act as collection agents for all property taxes. LJ ,...., IJ A ponion of the property taxes levied is paid by the State of Minnesota through Homestead and Agricultural Credit Aid (HACA) which is included in intergovernmental revenue in the [mancial statements. ,...., LJ The county spreads all levies over taxable property. Such taxes become a lien on January I and are recorded as receivables by the City on that date. Revenue is accrued and recognized in the year collectible. Taxes which remain unpaid at December 31 are classified as delinquent taxes receivable. Revenue from property taxes which is not collected within 60 days of year-end is deferred since it is not available to meet obligations of the current year. ,...., LJ ,...., LJ Real property taxes may be paid by taxpayers in two equal installments on May 15 and October 15. Personal property taxes are due in full on May 15. The county provides tax settlements to cities and other taxing districts several times throughout the year. ,...., LJ ,...., H. Special Assessments LJ Special assessments represent the financing for public improvements paid for by benefitting property owners. These assessments are recorded as receivables uponcenification to the county or upon completion of the project costs and passage of a Council resolution with the actual cenification taking place subsequent to year-end. The corresponding revenue from the delinquent (unremitted) and deferred (cenified but not yet levied) special assessments receivable is deferred until the year in which it becomes available (collected within 60 days of year-end). n LJ ,...., LJ 1. Inventories ,..., L' The inventories of the General Fund and the Proprietary Funds are stated at cost on the first-in, first-out basis. The General Fund accounts for inventory using the consumption method. General Fund inventory consists of signs and miscellaneous other items. Proprietary Funds inventory consists of water meters, miscellaneous pans, and other items. ,-. LJ ,...., J. Property, Plant, and Equipment LJ 1. General Fixed Assets Account Group (Unaudited) - The City does not maintain records which provide complete detailed accounting control over quantities and original costs of assets in this account group. Fixed assets are valued at historical cost or estimated historical cost. No depreciation has been provided on general fixed assets. The costs of property, plant, and equipment are accounted for as current expenditures of the governmental fund types in the year purchased. The City elected not to record infrastructure fixed assets in its accounting records. ,..., LJ ,..., LJ ,...., - 80 - l . ...., LJ ..., u .., u .., LJ ..., u ..., LJ ..., u .., LJ ..., LJ ..., u .., LJ ..., L1 .., LJ ..., u ..., LJ .. :...J ..., "...J .., LJ ..., ..J CITY OF ANDOVER Notes to Financial Statements (continued) December 31, 1995 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOU1\'TING POLICIES (COf'o.TII\'UED) 2. Proprietary Fund Type - Fixed assets of the Proprietary Funds are stated at cost, estimated cost, or, in the case of contributions, at fair market value at the time received. Depreciation has been provided using the straight-line method over the estimated useful lives of the assets, as follows: Furniture and equipment Machinery Collection and distribution systems 3-15 years 20 years 50 years Depreciation on contributed assets charged to operations is closed to the contributed equity account. K. Compensated Absences City employees earn vacation and sick pay accruing each payroll period, Unused vacation can be accrued by the employees up to a maximum of 200 hours as of the anniversary date of the individual's employment with the City. In the governmental fund types, the liability for vacation pay is recognized in the General Fund to the extent it is expected to be paid from expendable available financial resources. The remianing liability is recorded in the General Long- Tenn Debt Account Group. Proprietary fund types expense vacation pay as it accrues, with the liability being recorded in the respective fund. Employees can also accrue an unlimited amount of unused sick leave. Employees with two or more years of service are entitled to receive severance pay equal to a percentage of unused sick pay ranging from 20- 50% based on years of service, up to a maximum of 400 hours. The liability for severance pay is accounted for the same as accrued vacation pay. L. Memorandum Only Columns Because the accounting system is organized and operated on a fund basis, the columns on the combined financial statements captioned, "Totals (Memorandum Only)," are presented for infonnational purposes only and are not intended to represent consolidated infonnation. Data in these columns does not present financial position, results of operations, or cash flows in confonnity with generally accepted accounting principles. Interfund eliminations have not been made in the aggregation of this data. M. Comparative Data Comparative total data for the prior year has been presented in the accompanying financial statements in order to provide an understanding of changes in the City's [mancial position and operations. However, comparative data has not been presented in all statements because its inclusion would make certain statements unduly complex and difficult to understand. Certain prior year amounts have been reclassified to confonn to the current year presentation. - 81 - r1 LJ CITY OF ANDOVER r1 LJ Notes to Financial Statements (continued) December 31, 1995 ,..., LJ ,.., NOTE 1 - SUMMARY OF SIGNIFICAt'l,'T ACCOUNTING POLICIES (CO)\j'TINUED) LJ N, Statement of Cash Flows n For purposes of the Statement of Cash Flows, the City considers all highly liquid debt instruments with an original maturity from the time of purchase by the City of three months or less to be cash equivalents. The Proprietary Funds' equity in the City-wide cash and investment management pool is considered to be cash equivalent. LJ ,.., LJ n O. Risk Management LJ The City is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; and natural disasters. The City participates in the League of Minnesota Cities Insurance Trust (LMC Trust), a public entity risk pool for its general property and casualty, workers' compensation, and other miscellaneous insurance coverages. The LMC Trust operates as a common risk management and insurance program for approximately 780 cities. The City pays an annual premium to the LMC Trust for insurance coverage. The LMC Trust agreement provides that the Trust will be self- sustaining through member premiums and will reinsure through commercial companies for claims in excess of certain limits. The major reinsurance points are generally $200,000 per occurrence for property loss or damage and $450,000 per occurrence for workers' compensation. n LJ ,.., LJ n LJ The City also carries commercial insurance for certain other risks of loss, including employee health insurance. Settled claims resulting from these risks have not exceeded commercial insurance coverage in any of the past three fiscal years. n LJ ,.., LJ NOTE 2 - DEPOSITS AND Th'VESTMEl'o'TS n A. Deposits u In accordance with applicable Minnesota Statutes, the City maintains deposits at depository banks authorized by the City Council. n LJ Minnesota Statutes require that all deposits be protected by insurance, surety bond, or collateral. The market value of collateral pledged must equal 110% of the deposits not covered by insurance or bonds (140% in the case of mortgage-backed collateral). ,..., LJ r1 Authorized collateral includes the legal investments described below, as well as certain first mortgage notes and certain other state or local goverrunent obligations. Minnesota Statutes require that securities pledged as collateral be held in safekeeping by the City or in a financial institution other than that furnishing the collateral. LJ n LJ .. LJ ,.., - 82 - LJ ..., LJ .., L1 CITY OF ANDOVER .., Notes to Financial Statements (continued) December 31, 1995 L1 ..., NOTE 2 - DEPOSITS AND INVESTMEl'.'TS (CONTINUED) u ~1 At year-end, the carrying amount of the City's deposits was $880,762, while the balance on the bank records was $1,269,328. All deposits were insured or covered by collateral (with market value exceeding 110% of deposits) held by the City or its agent in the City's name. LJ .., B. Investments L1 ..., The City may also invest idle funds as authorized by Minnesota Statutes, as follows: direct obligations or obligations guaranteed by the United States or its agencies; shares of investment companies registered under the Federal Investment Company Act of 1940 and whose only investments are in securities described above; general obligations of the State of Minnesota or any of its municipalities; bankers' acceptances of United States' banks eligible for purchase by the Federal Reserve System; commercial paper issued by United States' cotporations or their Canadian subsidiaries, of the highest quality, and maturing in 270 days or less; repurchase or reverse purchase agreements with banks that are members of the Federal Reserve System with capitalization exceeding $10,000,000, a primary reporting dealer in U.S. government securities to the Federal Reserve Bank of New York, or certain Minnesota securities broker-dealers; and futures contracts sold under authority of Minnesota Statutes S 471.56, Subd. 5. .., L1 L1 ..., u ..., ...J The City's investments are categorized on the following page to give an indication of the level of custodial credit risk assumed at year-end. Category 1 includes investments that are insured or registered or for which the securities are held by the City or its agent in the City's name. Category 2 includes uninsured and unregistered investments for which the securities are held by the countetparty's trust deparonent or agent in the City's name. Category 3 includes uninsured and unregistered investments for which the securities are held by the countetpart)' or by its trust department or agent but not in the City's name. ..., u ..., ~ .., ~ ..., ~ ..., L1 " ..J .. ..J .., ;..J ..., ...J - 83 - n . J CITY OF ANDOVER ...., Notes to Financial Statements (continued) December 31, 1995 LJ ....., LJ NOTE 2 - DEPOSITS AND INVESHIENTS (CONTINlJED) n Deposits and investment balances at December 31, 1995 are as follows: LJ ,-, Custodial Credit Risk Category 2 3 Carrying Value Market Value u State and local government securities U.S. government securities Commercial paper $ 611,191 $ 6,059,722 5.276.516 - $ - $ 611,191 $ 449,906 6,509,628 1.471.769 6,748.285 u 624,518 6.816,516 6.812.763 n 13,869,104 r1 $ 11.947.429 S - $ 1.921.675 14.253,797 L.J Unclassified - investment pools U.S, government security mutual funds Money market funds Held by trustees n 3,735.556 51.128 93.130 3,717.656 51,128 93.130 L.J n Total investments 17,748,918 $ 18.115.711 L.J Deposits Cash on hand 880,762 650 n LJ Total deposits. cash on hand, and investments $ 18,630.330 r1 Deposits, cash on hand, and investments are reponed on the City's combined balance sheet as follows: LJ Cash and temporary investments Cash and investments held by trustee ,..., $ 18,537,200 93.130 LJ Total deposits and investments n $ 18.630.330 LJ NOTE 3 - DUE FROM DEVELOPER n LJ As pan of a development agreement the City entered into with a private developer in May 1989, the City received a promissory note for $243,520 from the developer. The note is to reimburse the City for the fiscal disparities' contributions the City lost due to the establishment of a tax increment fmancing district for the development project. The note bears an interest rate of 5.50% and calls for 180 equal monthly payments to be made to the City through August 2003. At December 31, 1995, the remaining principal due of $163,070 is offset by deferred revenue as it is not available to fmance current activities. ...., LI ,-, LJ ,..., L J r-. LJ - 84 - n L. ~ u CITY OF ANDOVER ~, u Notes to Financial Statements (continued) December 31, 1995 , u n NOTE 4 - DUE FROM OTHER GOVER."i1\1ENTAL m-.1:TS u The amounts due from other governmental units at December 31,1995 are comprised of the following: , .., Due from State of Minnesota State share of street improvement projects Department of Natural Resources Total due from State of Minnesota $ 19,628 60.000 79,628 u u .., u Due from Anoka County Unremitted taxes collected Unremitted special assessments collected Reimbursement of Community Development Block Grant expenditures County share of recycling program costs Court fines and other Total due from Anoka County 29,121 17,083 ~ LJ .., u 22,251 25,943 7,517 101,915 .., $ 181,543 Total from all sources L.l , NOTE 5 - PROPERTY A1'\'D EQUIPMENT ...J ..., A. Proprietary Fund Type Property and Equipment A summary of proprietary fund type property, equipment. and accumulated depreciation follows: Water Sewer Total Furniture and equipment $ 517,065 $ 108,005 $ 625,070 Machinery 898,814 898,814 Collection and distribution systems 9,729,204 13,694,906 23,424,110 11,145,083 13,802,911 24,947,994 Less accumulated depreciation 1,605.978 2,491,287 4,097,265 $ 9,539,105 $ 11,311 ,624 $ 20,850,729 .., ~ ..., ~ .., ~ ;.J .-' U -, LJ .., -1 .., - 85 - ...1 r1 LJ CITY OF ANDOVER r, Notes 10 Financial Statements (continued) December 31, 1995 LJ r1 LJ NOTE 5 - PROPERTY AND EQUIPMENT (CONTINUED) n B. Changes in General Fixed Assets A schedule of changes in general fIxed assets (unaudited) by major asset type follows: Balance Balance Beginning End of of Year Additions Deletions Year Land and improvements $ 1,090,304 S 1,450,013 $ 66,901 $ 2,473,416 Buildings and improvements 1,934,428 76,447 2,010,875 Furniture and equipment 434,114 154,753 588,867 Machinery and aUlOmotive equipment 2,467,334 320,731 2,788,065 $ 5,926,180 $ 2,001,944 $ 66,901 $ 7,861.223 LJ n u r1 LJ n LJ n LJ n LJ NOTE 6 - LONG-TERM DEBT ,.., A. Summary of Changes in Long-Term Debt LJ The following is a summary of changes in long-term debt of the City for the year ended December 31, 1995: r1 LJ Balance Balance Beginning New Debt Debt End of of Year Issues Retired Year General long-term debt General Obligation Bonds $ 23,590,000 $ 9,485,000 $ 7,725,000 $ 25,350,000 Cenificates of Indebtedness . 310,000 515,000 118,000 707,000 Assessments on City propeny 147,080 93,485 240,565 Contracts for deed payable 25,523 13,136 12,387 Compensated absences payable - net 102,142 11.572 113,714 Total general long-term debt $ 24,174,745 $ 10,105,057 S 7,856,136 $ 26,423,666 ...., LJ n L1 n LJ ,.., LJ n LJ r1 LJ r1 LJ - 86 - r1 LJ .., LJ CITY OF ANDOVER ~1 U Notes to Financial Statements (continued) December 31, 1995 .., u .., NOTE 6 - LONG-TERM DEBT (CONTINUED) u B. Components of Long-Tenn Debt ~ Fin.al Balance LJ Origin.al Interest Issue Maruriry at Issue Rate Date Date Year. End .., Generallong.term debt U General Obligation Bonds Special Assessment Bonds Improvement Bonds of Series 1977 A S 1,215,000 5,00% 2.1.1977 1-1-2006 S 635,000 ..., Improvement Bonds of 1978 S 270,000 5,25.6,00% 11.1.1978 2-1-1999 80,000 Improvement Bonds of Series 1985A S 300.000 8,25-9.60% 2-1.1985 2-1-2000 125,000 LJ Improvement Bonds of Series 1986A S 1,795,000 5,00-7,90% 7-1.1986 8.1-2001 820,000 Improvement Bonds of Series 1986B S 2.600,000 4,75-6,30% 10-1-1986 10-1-1996 340,000 .., Refunding Bonds of Series 1986C S 2,485,000 6,00-7,40% 8.1-1986 8-1-2002 1.435,000 Improvement Bonds of Series 1989A S 3,200,000 6,10-6,80% 7-1-1989 8-1-2001 1.800,000 LJ Improvement Bonds of Series 1993A S 3,650,000 4,55% 8-1-1993 8-1-2003 2.920,000 Improvement Bonds of Series 1994C S 1,140,000 5,05-5.75% 10-1.1994 2-1-2006 1,140.000 ~, Temporary Improvement Bonds of Series 19940 S 3,705,000 4,60% 10-1-1994 10-1.1997 3.705.000 U Improvement Bonds of 1995A $ 2,605.000 4.80-5,30% 6-1-1995 2.1-2006 2,605,000 Refunding Bonds of Series 1995B S 825,000 4,40-4,85% 6-1-1995 8-1.2000 825,000 Tax Increment Bonds .., G.O, Tax Increment U Bonds of Series 1993B S 520,000 4,65% 8-1-1993 8-1-2003 420,000 G,O, Tax Increment Refunding Bonds of Series 1994B S 885,000 5,55-7.87% 5-1-1994 5-1-2004 795,000 ..., G,O, Tax Increment Bonds of Series 19950 S 6,055,000 4,50-5,60% 10-1-1995 2.1-2013 6.055,000 U G,O, Seate-Aid Street Bonds 1988 S 500,000 5,60-6,80% 8-1-1988 8-1-1998 150.000 ~) G,O. Fire Station Bonds of Series 1991A S 2,500.000 5,00-6,50% 7-1-1991 7-1-2001 1.500 ,000 ...J Toeal General Obligation Bonds 25,350,000 .., Ceniticates of Indebtedness 1992 Ceniticates of Indebtedness S 180,000 4,25-5,75% 8-1-1992 8-1-1997 72,000 ~ I994A Certificates of Indebtedness S 150,000 3.55-4,25% 3-1-1994 3-1-1999 120.000 1995C Ceniticares of Indebtedness S 515,000 4,40-4,85% 6-1-1995 2-1-2000 515,000 ~ Total Ceniticates of Indebtedness 707.000 LJ Assessments on Ciry property S 338,174 6,25-10,70% N/A 2001 240,565 ..., Contracts for deed payable Park property S 47,430 9,00% 8-5-1991 8.1-1996 9,486 ..J Street right of ways S 13,000 8,50% 6-1-1993 6-1-1996 2.901 Total contracts for deed payable 12,387 ...., Compensated absences payable N/A N/A N/A N/A 113.714 ...J Total geDerallong-term debt S 26,423,666 .., LJ ..., ..J -, ...J - 87 - r1 L1 CITY OF ANDOVER r1 Notes to Financial Statements (continued) December 31, 1995 LJ r1 LJ NOTE 6 - LONG-TERl\1 DEBT (CONTINUED) n LJ C. Minimum Debt Payments n Minimum annual principal and interest payments required to retire long-term debt, excluding assessments on City property and compensated absences payable: General Cenificates Year Ending Obligation of Contracts December 31 Bonds Indebtedness for Deed Total 1996 $ 3,464,552 141,668 13,080 3,619,300 1997 7,096,389 142,478 7,238,867 1998 3,121,046 149,790 3,270,836 1999 2,962,228 192,687 3,154,915 2000 2,814,328 179,244 2,993,572 Thereafter 13,768,101 13,768,101 33,226,644 805,867 13,080 34,045,591 Less amount representing interest 7,876,644 98,867 693 7,976,204 $ 25,350,000 $ 707,000 $ 12,387 $ 26,069,387 D. Descriptions and Restrictions of Long-Term Debt LJ n L1 n LJ n u n LJ n LJ ,.., LJ r1 General Obligation Bonds classified by major source of repayment are as follows: LJ o Special Assessment Revenue - These bonds were issued to finance various improvements and will be repaid primarily from special assessments levied on the propenies benefitting from the improvements. Some issues, however, are panly fmanced by ad valorem levies. r1 L1 n In June 1995, the City issued $825,000 of General Obligation Improvement Refunding Bonds, Series 1995B. The proceeds were used to advance refund the 1996 through 2000 maturities of the City's 52,350,000 General Obligation Improvement Bonds of 1985. which were called on August I, 1995. As a result of this advance refunding, the City will reduce total debt service payments by approximately $81,000 over the next five years and will recognize an economic gain (the difference between the present value of the debt service payments on the refunded and refunding bonds) of approximately $71,000. LI r1 LJ ...., LJ o Tax Increment Levies - These bonds were issued for redevelopment projects, The additional tax revenue resulting from increased taxable valuation of the redeveloped propenies is used to retire the related debt. n LJ r1 LJ - 88 - r1 L 1 .., ...J .., :..J .., u " u CITY OF ANDOVER Notes to Financial Statements (continued) December 31, 1995 NOTE 6 - LONG-TER..'\1 DEBT (CONTThlJED) .., ...J .., LJ o State-Aid - These bonds were issued to finance the construction, improvement, or repair on state- aid streets within the City. The issues will be repaid from allocations made to the City's accounts in the Municipal State-Aid Street Debt Service Fund. o Ad Valorem Levies - These bonds were issued to finance the costs of constructing and equipping two new fire stations. The issues will be repaid primarily from ad valorem levies, --J ..., Other types of long-tenn debt are as follows: -, ..J ..., ..J .., :..J ..., ...J ...., ..J .., ..J .., o Certificates of Indebtedness - These certificates were issued to finance the purchase of equipment. They will be retired from ad valorem levies and transfers from other funds. o Assessments on City Property - These are special assessments for improvement projects which benefitted specific parcels of land owned by the City. They will be retired through payments from the City funds that "own" the specific parcels of land. o Contracts for Deed Payable - In August 1991, the City entered into an agreement to purchase a piece of land. The total cost of the land was $56,100, consisting of a cash payment of $8,670 and a contract for deed for the remaining $47,430. The contract for deed bears an annual interest rate of 9.0 % and calls for bi-annual payments through August 1, 1996. In June 1993, the City entered into an agreement to purchase a piece of land, The total cost of the land was $20,000, consisting of a cash payment of $7,000 and a contract for deed for the remaining $13,000. The contract for deed bears an annual interest rate of 8.5 % and calls for monthly payments through May I, 1996. o Compensated Absences Payable - This liability represents vested vacation and sick leave benefits earned by employees of the govenunental funds through the end of the year which will be paid or used in future periods. Alllong-tenn debt is backed by the full faith and credit of the City. ..J ...., ..J E. Resources to Meet Future Debt Requirements ..., ..J ..., u .., ...J -, ...J o Amounts Available in Debt Service Funds - The fund balance available in the Debt Service Funds for repayment oflong-tenn debt at December 31, 1995 is $7,848,274. o Amounts to be Provided for Long-Term Debt - This amount represents future revenue to be generated for debt payments, generally including deferred tax levies, special assessments, tax increments, fund transfers, and interest earnings. Deferred tax levies scheduled to be placed on the tax rolls, as needed, total $8,195,071 at December 31, 1995. - 89 - ...., L J CITY OF ANDOVER ...., Notes to Financial Statements (continued) December 31, 1995 LJ ...... LJ NOTE 7 - PROPRIETARY FUNDS' CONTRIBUTED CAPITAL ...., LJ TIlls balance represents the cost of property contributed to the Proprietary Funds by the City and capital contributed by utility customers, less depreciation thereon charged to the respective funds' operations. Changes occurring in the account during 1995 were as follows: n LJ r1 Internal Service Enterprise Funds Fund Water Sewer Central Equipment Fund Fund Total Maintenance Fund Total Balance, beginning of year $ 7.482.406 S 8,790,186 $ 16.272.592 $ 50,000 S 16.322.592 Capital contributed from Capital Project Funds 2,068,361 2.676,225 4.744,586 4,744,586 Capital contributed from utility customers 45,319 45,319 45.319 Less current year's depreciation on contributed assets (212.406) (220.374) (432,780) (432,780) Balance. end of year $ 9,383,680 S 11.246.037 $ 20.629,717 $ 50.000 $ 20,679,717 LJ ,-, LJ n LJ ,-, LJ ,..., II ....., NOTE 8 - SEGMENT Th'FORt'1ATION FOR ENTERPRISE FUNDS The City provides services which are accounted for in the Enterprise Funds. The segment information for these funds for the year ended December 31, 1995 is as follows: Water Fund Sewer Fund Total Operating revenue $ 516,891 S 731,370 S 1,248,261 Operating expenses $ 263,675 $ 561,059 $ 824,734 Depreciation expense $ 240,097 $ 236,428 $ 476,525 Operating income (loss) S 13,119 $ (66,117) $ (52,998) Net income (loss) $ 31,002 $ (65,765) $ (34,763) Operating transfers in $ $ 30,500 $ 30,500 Operating transfers (out) S $ (37,630) $ (37,630) Current capital contributed S 2,113,680 S 2,676,225 $ 4,789,905 Property and equipment additions $ 2,193,602 $ 2,693,151 $ 4,886,753 Net working capital $ 719,071 $ 545,628 $ 1,264,699 Total assets $ 10,270,858 S 11 ,872,528 $ 22,143,386 Total equity $ 10,258,176 S 11 ,857,252 S 22,115,428 LJ n LJ n l J r1 LJ r. L' ...., LJ ...., LJ ....., LJ - 90 - r, LI .., u ~ LJ ..., c..J CITY OF ANDOVER Notes to Financial Statements (continued) December 31, 1995 ~ NOTE 9 - INTERFUND RECEIVABLES AND PAYABLES ....J .., Individual fund interfund receivables and payables at year-end were as follows: Interfund Interfund Fund Receivable Payable General Fund $ 20,000 $ Kelsey Round Lake Park Capital Project Fund 20,000 $ 20,000 $ 20,000 ...J .., ~ " ...J ..., ...J NOTE 10 - TRANSFERS ...J The following transfers were made during the year ended December 31, 1995: .., A. Operating Transfers ..., Transferred To ..J General Fund I .~ General Fund ...., Drainage and Mapping Special Revenue Fund Cenificates of Indebtedness Debt Service Fund Improvement Bonds Series 1986B Account Debt Service Fund Improvement Bonds Series 1986B Account Debt Service Fund Unfinanced Improvement Account Capital Project Fund Water Trunk Account Capital Project Fund Storm Sewer Trunk Account Capital Project Fund Sewer Trunk Account Capital Project Fund Compensated Absences Expendable Trust Fund ...J I J I -.J .., J .., ..J ..., u ~ ...J I ..J Transferred From Permanent Improvement Revolving Capital Project Fund Administrative Trust Expendable Trust Fund Permanent Improvement Revolving Capital Project Fund Sewer Enterprise Fund Water Trunk Account Capital Project Fund Sewer Trunk Account Capital Project Fund TIF Project I-I Account Capital Project Fund Permanent Improvement Revolving Capital Project Fund Permanent Improvement Revolving Capital Project Fund Permanent Improvement Revolving Capital Project Fund General Fund - 91 - Amount Description S 229,988 To finance operating expenses from prior year's bond proceeds, 71,000 To fund administrative costs. 23,253 To finance operating expenses from prior year's bond proceeds. 37,630 To transfer funds per adopted budget. 225,822 To reimburse debt service for principal payments made. 137,178 To reimburse debt service for principal payments made. 9,868 To provide funding for previously unfinanced improvement projects. 688,300 To finance operating expenses from prior year's bond proceeds. 42,079 To finance operating expenses from prior year's bond proceeds. 266,597 To finance operating expenses from prior year's bond proceeds. 8,000 To transfer funds per adopted budget. (continued) ~ LI CITY OF ANDOVER r1 Notes to Financial Statements (continued) December 3 I. 1995 LJ ,...., LJ n NOTE 10 - TRANSFERS (COl'o'TINUED) Transferred To Central Equipment Maintenance Internal Service Fund Improvement Bonds Series 1995A Construction Account Capital Project Fund Unfinanced Improvement Account Capital Project Fund Sewer Enterprise Fund B. Residual Equit)' Transfers Transferred To State-Aid Bonds of 1988 Account Debt Service Fund TIF Project I-I 1993B Account Debt Service Fund TIF Project 1-2 1994B Account Debt Service Fund Improvement Bonds of 1992 Account Special Assessment Bonds Debt Service Fund Permanent Improvement Revolving Capital Project Fund 1995 Equipment Capital Project Fund 1995 Equipment Capital Project Fund TIF Commercial Revitalization Account Tax Increment Capital Project Fund TIF Project I-I Account Tax Increment Capital Project Fund 1995 Park Capital Project Fund Permanent Improvement Revolving Capital Project Fund Permanent Improvement Revolving Capital Project Fund LJ Transferred From Amount Description n General Fund 31,500 To transfer funds per adopted budget, 4,550 To finance operating expenses from prior year's bond proceeds. LJ Unfinanced Improvement Account Capital Project Fund r1 LJ Improvement Bonds Series I 995A Construction Account Capital Project Fund Sewer Trunk Account Capital ProjecJ Fund 111,571 To provide funding for previously unfmanced improvement projects. n 30.500 To transfer funds per adopted budget. LJ n S 1.917.836 LJ n Transferred From Description LJ Amount State-Aid Bonds of 1984 Account Debt Service Fund TIF Commercial Revitalization Account Debt Service Fund TIF Commercial Revitalization Account Debl Service Fund Permanent Improvement Revolving Capital Project Fund ,..., S 488 To close Stale-Aid Bonds of 1984 Account Debt Service Fund. 612 To close TIF Project I-I Account Debt Service Fund 200.404 To close TIF Project 1-2 Account Debt Service Fund 263,129 To close Improvement Bonds of 1992 Account Special Assessment Bonds Debt Service Fund, 34,038 To close Improvement Bonds of 1979 Account Special Assessment Bonds Debt Service Fund. 6,109 To close 1992 Equipment Capital Project Fund. 38.323 To close 1994 Equipment Capital Project Fund. 222,629 To close TIF Project 1-2 Account Tax Increment Capital Project Fund. 578,156 To close TIF Project I-I Account Tax Increment Capital Project Fund, 4,753 To open 1995 Park Capital Project Fund. 945.105 To close Improvement Bonds Series 1992 Construction Account Special Assessment Capital Project Fund. 1,398,809 To close Improvement Bonds Series 1993A Conslruction Account Special Assessment Capital Project Fund. lJ ,...., LJ ,.., Improvement Bonds of 1979 Account Special Assessment Bonds Debt Service Fund 1992 Equipment Capital Project Fund 1994 Equipment Capital Projecl Fund TIF Project 1.2 Account Tax Increment Capital Project Fund LJ n LJ n LJ TIF Project 1-2 Account Tax Increment Capital Project Fund ,..... LJ Permanent Improvement Revolving Capital Project Fund Improvement Bonds Series 1992 Construction Account Special Assessment Capital Project Fund ...., L I ~ Improvement Bonds Series 1993A Construction Account Special Assessment Capital Project Fund LJ ,-, $ 3.692,555 - 92 - ,-, LJ L , ~ ...J .. ~ ..., u ..., CITY OF ANDOVER Notes to Financial Statements (continued) December 31, 1995 NOTE 11 - INDIVIDUAL FUJI.'D DISCLOSURES L.J The following funds had a deficit as of December 31, 1995: ..., '..J .., o ..., Fund Deficit Special Assessment Capital Project Fund Kelsey Round Lake Park Capital Project Fund S 273,382 $ 24,220 L.l The deficit in these funds will be financed either through available future tax levies or increments, special assessment revenue, or through transfers from other funds. ..., ~ For various reasons, certain funds have a portion of their fund equity designated or reserved for specific purposes. A discussion of each such item as it appears on the Combined Balance Sheet follows: ..., ...J -, ..J .., ..J ..., ...J .., u .., L1 .., ..J .., ...J o Reserved for Debt Senice - These amounts represent fund balances which are presently committed to provide financial resources to pay principal and interest on the City's General Obligation Bonds and Certificates of Indebtedness. . Designated for Employee Benefits - The balances in the City's Flexible Benefits and Compensated Absences Expendable Trust Funds are designated for future employee benefit payments. . Designated for Assessment Administration - The balance in the Administrative Trust Expendable Trust Fund is designated for special assessment project administration. . Designated for Working Capital - This amount represents funds set aside by the City to provide positive cash flow for the next fiscal year. . Designated for Capital Projects - These amounts represent assets which are presently committed to construct various capital projects or acquire major capital items. . Designated for Equipment - This amount represents assets which are presently committed for the purchase of equipment. o Designated for Future Expenditures - These amounts represent fund balances which are presently committed for future expenditures. .. For 1995, expenditures at the fund level exceeded appropriations as follows: ..J ,.., ...J ..., ...J Amount Over Budget Debt Service Funds State-Aid Bonds Special Assessment Bonds S 7 $ 701.100 - 93 - ,...., LI CITY OF ANDOVER r1 LJ Notes to Financial Statements (continued) December 31. 1995 ,..., L J ..-. NOTE 12 - DEFThiED BENEFIT PENSION PLANS - STATEWIDE LJ A. Plan Description n L1 All full-time and certain part-time employees of the City of Andover are covered by defined benefit plans administered by the Public Employees' Retirement Association of Minnesota (PERA). PERA administers the Public Employees: Retirement Fund (PERF) and the Public Employees' Police and Fire Fund (PEPFF) which are cost-sharing, multiple-employer retirement plans, These plans are established and administered in accordance with Minnesota Statutes, Chapters 353 and 356. n L1 n PERF members belong to either the Coordinated Plan or the Basic Plan. Coordinated Plan members are covered by Social Security and Basic Plan members are not. All new members must participate in the Coordinated Plan. All police officers, fire fighters, and peace officers who qualify for membership by statute are covered by the PEPFF. The payroll for employees covered by PERF and PEPFF for the year ended December 31, 1995 was $1,147,645 and $31,172, respectively; the City's total payroll was $1,423,608. LJ ,.., LJ n LI PERA provides retirement benefits as well as disability benefits to members, and benefits to survivors upon the death of eligible members. Benefits are established by state statute, and vest after three years of credited service. The defmed retirement benefits are based on a member's highest average salary for any five successive years of allowable service, age, and years of credit at termination of service. Two methods are used to compute benefits for Coordinated and Basic Plan members. The retiring member receives the higher of a step-rate benefit accrual formula (Method 1) or a level accrual formula (Method 2). Under Method I, the annuity accrual rate for a Basic Plan member is 2.0 % of the average salary for each of the first ten years of service and 2.5 % for each remaining year. For a Coordinated Plan member, the annuity accrual rate is 1.0 % of the average salary for each of the first 10 years and 1.5 % for each remaining year. Using Method 2, the annuity accrual rate is 2.5 % of the average salary for Basic Plan members and 1.5 % for Coordinated Plan members. For PEPFF members, the annuity accrual rate is 2.65 % for each year of service. For PERF members whose annuity is calculated using Method I, and for all PEPFF members, a full annuity is available when age plus years of service equal 90. A reduced retirement annuity is also available to eligible members seeking early retirement. ,.., l I n LJ n LI r1 l J ,...., L' There are different types of annuities available to members upon retirement. A normal annuity is a lifetime annuity that ceases upon the death of the retiree. No survivor annuity is payable. There are also various types of joint and survivor annuity options available which will reduce the monthly normal annuity amount, because the annuity is payable over joint lives. Members may also leave their contributions in the fund upon termination of public service, in order to qualify for a deferred annuity at retirement age. Refunds of contributions are available at any time to members who leave public service, but before retirement benefits begin. ,.., L I ....., LJ r1 The benefit provisions stated in the previous paragraphs of this section are current provisions and apply to active plan participants. Vested, terminated employees who are entitled to benefits but are not receiving them yet, are bound by the provisions in effect at the time they last terminated their public service. LJ " LJ - 94 - n LI -, ~ -, CITY OF ANDOVER ~ .., Notes to Financial Statements (continued) December 31, 1995 ...J ..., u NOTE 12 - DEFINED BENEFIT PENSION PLANS - STATEWIDE (CONTINUED) B. Contributions Required and Contributions Made -, LJ Minnesota Statutes Chapter 353 sets the rates for employer and employee contributions. The City makes annual contributions to the pension plans equal to the amount required by state statutes. According to Minnesota Statutes Chapter 356.215, Subd. 4(g), the date of full funding required for the PERF and the PEPFF is July 1, 2020. As part of the annual actuarial valuation, PERA's actuary determines the sufficiency of the statutory contribution rates towards meeting the required full funding deadline. The actuary compares the actual contribution rate to a "required" contribution rate. The required contribution rate consists of (a) normal costs based on entry age normal cost methods, (b) a supplemental contribution for amortizing any unfunded actuarial accrued liability by the date required for full funding, and (c) an allowance for administrative expenses. Current combined statutory contribution rates and actuarially required contribution rates for the plans are as follows: -j -, -J -, ~ ~ .....J Statutory Rates Employees Employer Required Rates * ..., -, L1 PERF (Basic and Coordinated Plans) PEPFF 4.31 % 7.60% 4.60% 11.40% 9.76% 19.00% ..., * The recommended rates scheduled above represent the required rates for fiscal year 1995 contributions as reported in the July 1, 1994 actuarial valuation reports. '-1 ~ '--l Total contributions made by the City during fiscal year 1995 were: .., Percentage of Amounts Covered Payroll Employees Employer Employees Employer PERF $ 48,564 $ 51,435 4.23% 4.48% PEPFF $ 2,369 $ 3,554 7.60% 11.40% -, ...J ~ ...., ...J .., ...J The City's contribution for the year ended December 31, 1995 to the PERF represented 0.04% of total contributions required of all participating entities. For the PEPFF, contributions for the year ended December 31, 1995 represented 0.01 % of total contributions required of all participating entities. ..., u ..., ..J ~ - 95 - ....J n LI CITY OF ANDOVER ,-, LJ Notes to Financial Statements (continued) December 31,1995 ....., L) n NOTE 12 - DEFINED BENEFIT PENSION PLANS - STATEWIDE (CONTll'.'UED) LJ C. Funding Status and Progress n 1. Pension Benefit Obligation LJ The "pension benefit obligation" is a standardized disclosure measure of the present value of pension benefits, adjusted for the effects of projected salary increases and step-rate benefits, estimated to be payable in the future as a result of employee service to date. The measure is the actuarial present value of credited projected benefits and is intended to help users assess PERA's funding status on a going-concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among Public Employee Retirement Systems and participating employers. The measure is independent of the actuarial funding method used to determine required contributions, PERA does not make separate measurements of assets and pension benefit obligation amounts for individual participating employers. n LJ n LJ " LJ n The pension benefit obligations for the PERF and PEPFF as of June 30, 1995 are shown below: LJ PERF PEPFF n l J Total pension benefit obligation $ 5,994,492,000 $ 1,113,225,000 ,-, Net assets available for benefits, at cost (market values for PERF = 55,266,688,000; PEPFF = $1,445,345,000) L' 5,074,357,000 1,356,179,000 ,.., Unfunded (assets in excess of) pension benefit obligation LJ $ 920,135,000 $ (242,954,000) r-' LJ The pension benefit obligation was determined as part of an actuarial valuation at July 1, 1995. ,-, For the PERF, significant actuarial assumptions used in the calculation of the pension benefit obligation include: (a) a rate of return on the investment of present and future assets of 8.5 % per year, compounded annually, prior to retirement, and 5.0% per year, compounded annually, following retirement; (b) projected salary increases taken from an age related table, which incorporates a 5.0% base inflation assumption; (c) payroll growth at 6.0% per year, consisting of 5.0% for inflation and 1.0% due to growth in group size; (d) post-retirement benefit increases that are accounted for by the 5.0% rate of return assumption following retirement; and (e) mortality rates based on the 1983 Group Annuity Mortality Table set forward one year for retired members and set back five years for each active member. LJ ,.., , J ....., LJ n LJ ,-, LJ - 96 - n LA ...., c..J CITY OF ANDOVER .., ...J Notes to Financial Statements (continued) December 31, 1995 ., ,_i .-, c.J NOTE 12 - DEFINED BENEFIT PENSION PLANS - STATE\\-IDE (CONTINUED) ~ Actuarial assumptions used in the calculation of the PEPFF include: (a) a rate of return on the investment of present and future assets of 8.5% per year, compounded annually, prior to retirement, and 5.0% per year, compounded annually, following retirement; (b) projected salary increases of 6.5 % per year, compounded annually, attributable to the effects of inflation; (c) post- retirement increases that are accounted for by the 5.0% rate of return assumption following retirement; and (d) mortality rates based on the 1971 Group Annuity Mortality Table projected to 1984 for males and females. .. -, --J '1 2. Changes in Actuarial Assumptions and Methods LJ ..., Since the July 1, 1994 actuarial valuation, there were no changes in actuarial assumptions of the PERF and the PEPFF which impacted funding costs. ...J .., Potential changes in the actuarial assumptions used for the PEPFF may be made in the future. Results of an experience study for the fund during the four-year period ending June 30, 1994, disclosed (a) retirees are living longer; (b) the expected active member death rate is declining; (c) the trend toward earlier retirement continues; and (d) the pattern of salary increases varies substantially by ages, with a strong merit and seniority component evident at the younger ages. Based on these results, PERA will soon consider revising the actuarial assumptions for retirement age, mortality, payroll growth, and individual salary increases. These changes, if adopted within fiscal year 1996, will significantly impact the July 1, 1996 actuarial valuation of the PEPFF. .., -J "\ J .--1 3. Changes in Benefit Prolisions ~.., -J The 1995 legislative session did not include any benefit improvements which would impact funding costs for the PERF and the PEPFF. .., _1 D. Ten-Year Historical Trend Information -, Ten-year historical trend infonnation is presented in PERA's Comprehensive Annual Financial Report for the fiscal year ended June 30, 1995, This information is useful in assessing the pension plan's accumulation of sufficient assets to pay pension benefits as they become due. --1 .., ...J E. Related Party Investments .., ..J As of June 30, 1995, and for the fiscal year then ended, PERA held no securities issued by the City or other related parties, -, i...J -, ....J .. - 97 - ..J r-. LJ CITY OF ANDOVER r1 Notes to Financial Statements (continued) December 31, 1995 LJ ....., , J NOTE 13 - DEFINED CONTRIBUTION PLAN - FIRE FIGHTERS' RELIEF ASSOCIATION ,..., LJ A. Plan Description ,..., Members of the City's volunteer fire department are members of the Andover Fire Fighters' Relief Association. The Association is a single-employer defmed contribution plan that was established in 1979, and operates under the provisions of Mirmesota Statutes ~ 69 and 424A, as amended. It is governed by a Board consisting of ,six officers and trustees elected by the members of the Association for three-year terms. The City Mayor, City Clerk, and Fire Chief are ex-officio members of the Board of Trustees. The payroll for City employees who are members of the Association for the year ended December 31, 1995 was $159,155. The City's total payroll was $1,423,608. LJ r1 LJ ,.., LJ For financial reporting purposes, the Association's financial statements are not included in the City of Andover's fmancial statements because the Association is not a component unit of the City. r-, LJ B. Pension Benefits ,.., Mirmesota State Statutes Chapters 424 and 424A authorize pension benefits for volunteer fire relief associations. A fire fighter who completes at least 20 years as an active member of the municipal fire department to which the Association is associated, and has been a member of the Relief Association for at least 10 years prior to retirement after age 50, is entitled to a service pension upon retirement. LI ....., t I The service pension prescribed by the Association's bylaws is a lump sum settlement equal to the amount in the individual member's account at the time of retirement. The individual member accounts are credited with an equal share of: any fire state-aid received by the Association, any municipal contributions to the Association, and any other assets of the Association's Special Pension Fund. r1 Ll r1 LA The bylaws of the Association also provide for a reduced service pension for a retiring member who has completed fewer than 20 years of service. The reduced pension, available to members with 10 years of service, shall be equal to 60% of the pension as prescribed by the bylaws. This percentage increases 4% per year so that at 20 years of service, the full amount prescribed is paid. r", \ J r' A member of the Association who has completed 20 or more years of active service with the fire department prior to reaching age 50, has the right to retire from the deparnnent without forfeiting the right to a service pension. The member shall be placed on the deferred pension roll. Upon reaching age 50, the member may apply for the standard service pension as described above. The Association shall pay interest on the deferred service pension during the period of deferral. The interest rate will be compounded annually, at the rate actually earned on the assets of the Special Pension Fund, not to exceed 5% per year. LJ rl L J ...., An active member of the Association who becomes disabled to the extent that a physician shall certify that such disability will permanently prevent the member from performing his duties in the Andover Fire Department, is entitled to a disability pension equal to the balance in the member's account after 100 days of disability. If a member who has received such a disability pension should subsequently recover and return to active duty in the Andover Fire Deparnnent, any amount paid to him as a disability pension shall be deducted from his service pension accrued at the time of such disability. L I r1 L J ,.., LJ - 98 - ,.., , , ,...., ...J CITY OF ANDOVER -, LJ Notes to Financial Statements (continued) December 31, 1995 ~ L_l ...., NOTE 13 - DEFINED CONTRIBUTION PLAN - FIRE FIGHTERS' RELIEF ASSOCIATION (CONTTh'UED) o....J ...J Upon the death of any member of the Association who is in good standing at the time of death, the Association shall pay the member's spouse, children, or estate the balance of the member's account at the date of payment. ...., .., The City of Andover has the power to levy property taxes at the direction and for the benefit of the Association, and passes through state aids allocated to the plan, in accordance with enabling state statutes. ...J ...., C. Contributions Required and Contributions Made Li ..., The City's contributions under the plan, determined by the Association's Board of Trustees and ratified by the City Council in accordance with enabling state statutes, is $750 per member per year. ,_J '"'1 In 1995, the City contribmed $72,390 to the Association, consisting of $40,140 state aid and $32,250 fulfIlling the City's $750 per member contribution obligation for the year ended December 31, 1995. The City's contribution represents 20.26% of covered payroll. ---.J ..., L1 NOTE 14 - TAX INCREMENT FINANCING DISTRICT .., The City is the administering authority for the following tax increment fmancing district: -..J ...., ~ Tax Increment District - Development District No. 1 .., J Type of District Redevelopment -, Chapter Year Established Final year of District 472 1986 2012 J ...., ..., ..J Original Tax Capacity Current Tax Capacity (For Taxes Collectible in 1995) Captured Tax Capacity Retained by Authority $ 86,765 $ 757,163 $ 670,398 $ 8,730,000 1,460,000 $ 7,270,000 ..J .., ;..J Total Tax Increment Bonds Issued Amounts Redeemed Bonds Outstanding - End of Year " J ..., ...J - 99 - r, L I CITY OF ANDOVER r-. Notes to Financial Statements (continued) December 31, 1995 LJ ,..., L~ NOTE 15 - FLEXIBLE BENEFIT PLAN r1 The City offers a flexible benefit plan. The plan is a "cafeteria plan" under ~ 125 of the Internal Revenue Code. AIl employees who meet the eligibility requirements may participate in the plan. To be eligible an employee must be regularly scheduled to work 40 hours per week. LJ n LJ Eligible employees can elect to participate by contributing pre-tax dollars withheld from payroll checks to the plan for health and dental care, dependent care, and other qualifying insurance benefits. Payments are made from the plan to participating employees upon submitting a request for reimbursement of eligible expenses actually incurred by the participant. ,..., LJ ,.... All assets of the plan are held by the City, The plan is administered by the City for child care, out-of- pocket medical expense reimbursements, and qualifying insurance premiums. The plan is included in the financial statements as an Expendable Trust Fund. L1 ,...., LJ AIl plan propeny and income attributable to that propeny is solely the propeny of the City, subject to the claims of the City's general creditors. Participants' rights under the plan are equal to those of general creditors of the City in an amount equal to the eligible health care and dependent care expenses incurred by the participants. The City believes that it is unlikely that it will use the assets to satisfy the claims of general creditors in the future. .-, LJ ,..., ~J NOTE 16 - DEFERRED COMPENSATION PLANS ,..., L. The City offers its employees deferred compensation plans created in accordance with Internal Revenue Code ~ 457, The plans, available to all employees, permit them to defer a portion of their salary until future years. The deferred compensation is not available to employees until termination, retirement, death, or unforeseen emergency. ,., LJ ,..., All amounts of compensation deferred under the plans, all propeny and rights purchased with those amounts, and all income attributable to those amounts are solely the propeny and rights of the City, subject to the claims of the City's general creditors. Participants' rights under the plans are equal to those of general creditors of the City in an amount equal to the fair market value of the deferred account for each participant. LJ r' L J ,..., The City has no liability for losses under the plans but does have the duty of due care that would be required of an ordinary prudent investor. The City believes that it is unlikely that it will use the assets to satisfy the claims of general creditors in the future. , , r1 L J ,..., LJ ,..., ~J - 100 - ,., L . ~ '~ CITY OF ANDOVER .., ..J Notes to Financial Statements (continued) December 31, 1995 .., L1 -, ..J NOTE 17 - COMMITMENTS AND CONTINGENCIES A. Commitments for Construction '1 ..J At December 31, 1995, the City is committed to a number of contracts for various construction projects that were not completed by year-end. The City's remaining comminnent under such contracts is approximately $247,872. ~ --J B. Federal Revenue' ~ ...J Amounts received or receivable from federal and state agencies are subject to agency audit and adjustment. Any disallowed claims, including amounts already collected, may constitute a liability of the applicable funds. The amount, if any, of funds which may be disallowed by the agencies cannot be determined at this time. although the City expects such amounts, if any, to be immaterial. -, .) ~-, ..J NOTE 18-SUBSEQUENTEVENT -, J In April 1996, the City was awarded $108,537 in settlement of a lawsuit. The City had brought suit to recover part of its loss in the Piper Jaffray "Institutional Government Income Portfolio Fund." The first payment received in April 1996 represented 25% of the principal settlement. The remaining payments should be received in December 1996 or January 1997, August 1997, and August 1998, representing 50%, 12.5%, and 12.5%, respectively. ...., LJ -, ...J ...., ...J ..., -1 -, ..J ..., ..J .. ...J -, LJ -., - 101 - ..J r1 (AUG. 1) CUMULATIVE YEAR AMOUNT BOND YEARS BOND YEARS 1997 $ 40,000 46.667 46.667 1998 65,000 140.833 187.500 1999 70,000 221.667 409.167 2000 80,000 333.333 742.500 2001 85,000 439.167 1,181.667 2002 95,000 585.833 1,767.500 2003 105,000 752.500 2,520.000 2004 115,000 939.167 3,459.167 2005 125,000 1,145.833 4,605.000 2006 140,000 1,423.333 6,028.333 2007 150,000 1,675.000 7,703.333 2008 165,000 2,007.500 9,710.833 2009 180,000 2,370.000 12,080.833 2010 195,000 2,762.500 14,843.333 2011 215,000 3,260.833 18,104.167 2012 230,000 3,718.333 21,822.500 $2,055,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1996 CITY OF ANDOVER, MINNESOTA (ANOKA COUNTY) CUMULATIVE BOND YEARS AND WORKSHEET l I r1 LJ ,..., '-' .. LJ " LJ M LJ ,...., LJ ,...., l_J ,-, AVERAGE MATURITY: 10.61922 years. June 1, 1996. LJ BONDS DAlED: rl IN1EREST PAYMENTS: February 1, 1997, and semiannually thereafter on August 1 and February 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. II ,.., L J REDEMPTION: At the option of the Issuer, bonds maturing after August 1, 2003 shall be subject to prior payment, on said date, and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered of certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. .. 1-1 r1 LI ,.., LJ r1 , , PROPOSAL: Sealed proposals of not less than $2,024,175 and accrued interest. Good faith check or a Financial Surety Bond for $41,100 must accompany the proposal. ..-, L I RA lES: Each rate must be in integral multiples of I120th or I18th of 1 %. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. .. lJ ,.., ESTIMAlED CLOSING DAlE: June 10, 1996. - 102 - I-J r~ LJ -, ...J $1,230,000* GENERAL OBLIGATION CROSSOVER REFUNDING BONDS OF 1996 CITY OF ANDOVER, MINNESOTA (ANOKA COUNTY) .., ..J -, J ,-,' (AUG. 1) YEAR 1998 1999 2000 2001 CUMULATIVE BOND YEARS AND WORKSHEET CUMULATIVE AMOUNT BOND YEARS BOND YEARS ...., ,-, ~ $ 315,000 315,000 300,000 300,000 682.500 997.500 1,250.000 1,550.000 682.500 1,680.000 2,930.000 4,480.000 ...J J -, AVERAGE MATURITY: 3.64228 years. ;.J ~ BONDS DATED: June 1, 1996. J -, INTEREST PAYMENTS: February 1, 1997, and semiannually thereafter on August 1 and February 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. --.l ..., ~ J ..., REDEMPTION: All bonds shall be without the option of prior payment. '..J ..., PROPOSAL: Sealed proposals of not less than $1,217,700 and accrued interest. Good faith check or a Financial Surety Bond for $24,600 must accompany the proposal. ..J ...., ...J RATES: Each rate must be in integral multiples of 1I20th or 1I8th of I %. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. -, cJ -, ;...J -, ~ ESTIMATED CLOSING DATE: June 10, 1996. -, LJ -, * The Issuer reserves the right to increase or decrease the principal amount maturing in any year. Any increase or decrease in the principal amount of the issue will not exceed $10,000. In the event the size of the issue is increased or decreased, the premium or discount will be calculated on a pro rata basis. - 103 - LJ I --.l $600,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1996 CITY OF ANDOVER, MINNESOTA (ANOKA COUNTY) CUMULATIVE BOND YEARS AND WORKSHEET CUMULATIVE AMOUNT BOND YEARS BOND YEARS (AUG. 1) YEAR 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 $ 50,000 55,000 55,000 60,000 60,000 65,000 65,000 70,000 70,000 50,000 ....., L J ....., L' ,..., , J r-. 46.667 140.833 221.667 333.333 439.167 585.833 752.500 939.167 1,145.833 1,423.333 '---.J 46.667 187.500 409.167 742.500 1,181.667 1,767.500 2,520.000 3,459.167 4,605.000 6,028.333 ~ r. L1 r1 LJ LI AVERAGE MATURITY: BONDS DATED: INTEREST PAYMENTS: REDEMPTION: PROPOSAL: RATES: ESTIMATED CLOSING DATE: 5.83333 years. June 1, 1996. ..., u February 1, 1997, and semiannually thereafter on August 1 and February 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. r-. LJ ~ I I At the option of the Issuer, bonds maturing after August 1, 1999 shall be subject to prior payment, on said date, and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered of certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. Sealed proposals of not less than $591,000 and accrued interest. Good faith check or a Financial Surety Bond for $12,000 must accompany the proposal. Each rate must be in integral multiples of 1I20th or 1I8th of 1 %. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. n L.I r-, L I ,.., 1 J r1 l J r-. 1 I ,--, LJ r, l J n LJ June 10, 1996. - 104 - ... LJ ~ c.J ..., ;..j PROPOSAL FORM (Book Entry Only) HONORABLE CITY COUNCIL CITY OF ANDOVER ANDOVER,Mll{NESOTA FOR ALL OF THE $2,055,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1996 OF YOUR CITY AS DESCRIBED IN THE OFFICIAL TERMS OF BOND SALE, WE WILL PAY YOU DOLLARS ($ ) (NOT LESS THAN $2,024,175) PLUS ACCRUED INTEREST FROM THE DATE OF SAID BONDS TO THE DATE OF DELIVERY. DATED: MAY 21,1996 ..., ,_J -, ..J ~~ SAID BONDS SHALL BEAR INTEREST PAYABLE FEBRUARY I, 1997, AND SEMIANNUALLY EACH --.1 AUGUST 1 AND FEBRUARY 1 THEREAFTER AS FOLLOWS: ...., % - 1997 % - 1998 % - 1999 % - 2000 % - 2001 % - 2002 % - 2003 % - 2004 % - 2005 % - 2006 % - 2007 % - 2008 % - 2009 % - 2010 % - 2011 % - 2012 ...J ~ ...J ...., PRINCIPAL WILL BE PAYABLE AT FIRST TRUST NATIONAL ASSOCIATION, ST. PAUL, MINNESOTA. IF THE BONDS QUALIFY FOR ASSIGNMENT OF CUSIP NUMBERS SUCH NUMBERS WILL BE PRIN1ED ON THE BONDS, BUT NEITHER THE FAILURE TO PRINT SUCH NUMBERS ON ANY BOND NOR ANY ERROR WITH RESPECT THERETO SHALL CONSTITUTE CAUSE FOR A FAILURE OR REFUSAL BY THE PURCHASER THEREOF TO ACCEPT DELIVERY OF AND PAY FOR THE BONDS IN ACCORDANCE WITH TERMS OF THE PURCHASE CONTRACT. THE CUSIP SERVICE BUREAU CHARGE FOR THE ASSIGNMENT OF CUSIP IDENTIFICATION NUMBERS SHALL BE PAID BY THE PURCHASER. o r, '....J .. THIS PROPOSAL IS FOR PROMPT ACCEPTANCE AND SUBJECT TO ALL TERMS IN THE OFFICIAL NOTICE OF SALE. WE ARE TO BE FURNISHED THE APPROVING LEGAL OPINION OF BOND COUNSEL, TOGETHER WITH THE DELIVERY OF THE PRIN1ED AND EXECUTED BONDS, WITHIN 40 DAYS AFrER AWARD OR AT OUR OPTION THEREAFrER. DELIVERY WILL BE MADE AT '. J ..., u (SPECIAL INSTRUCTIONS-SEE OVER) -, ACCOUNT MEMBERS: ..J ACCOUNT MANAGER .., ~J BY: ACCEPTED FOR THE ADDRESSEE THIS DAY OF MAY, 1996. --., ,...J BY: MAYOR ..., A TrEST: .1 CITY ADMINISTRATOR '1 WE COMPUTE OUR TOTAL NET INTEREST COST TO BE $ FOR A NET INTEREST RATE OF %. THESE COMPUTATIONS ARE NOT A PART OF THIS OFFER. ..J .-, IT IS NOT NECESSARY TO USE THIS FORM; HOWEVER, ANY PROPOSAL MUST COMPLY WITH THE TERMS STATED IN THIS OFFICIAL TERMS OF BOND SALE. L1 --., PLEASE SUBMIT THIS PROPOSAL IN DUPLlCA TE LJ - 105 - , -1 n LJ SPECIAL INSTRUCTIONS: ...., LJ SALE RESULTS WILL BE FURNISHED TO PROPOSAL MAKERS AT 8:30 A.M, ON THE DAY AFTER THE SALE AT 224-1500. IF RESULTS ARE DESIRED IMMEDIATELY, PLEASE COMPLETE THE FOLLOWING: ,...., , J r-" LJ r-; ',,--, ,..., LI t'"" CONTACT: LJ TELEPHONE NUMBER: " LJ r, L-J -- --- - - -- - - -- --- - - --- -- - -- -- - - -- - -- - -- --- -- - - - - - - --- -- -- - -- - - - - - --- r> , J THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT FOR THE GOOD FAITH CHECK IN THE AMOUNT OF $41,100 TO BE RETURNED TO THE UNSUCCESSFUL PROPOSAL MAKER. ,...., LI n L--J ...., \ J r"\ , ) JURAN & MOODY, INC. " , , r' . J BY: r\ \) r, DATED: MAY 21, 1996 LJ - 106 - ,..., L-.O ...., u ...., PROPOSAL FORM (Book Entry Only) ~j ...., HONORABLE CITY COUNCIL CITY OF ANDOVER ANDOVER, MINNESOTA DATED: MAY 21,1996 ~.! FOR ALL OF THE $2,055,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1996 OF YOUR -, CITY AS DESCRIBED IN THE OFFICIAL TERMS OF BOND SALE, WE WILL PAY YOU DOLLARS ...J ($ ) (NOT LESS THAN $2,024,175) PLUS ACCRUED INTEREST FROM THE DATE OF SAID BONDS TO THE DATE OF DELIVERY. .~ ...J SAID BONDS SHALL BEAR INTEREST PAYABLE FEBRUARY I, 1997, AND SEMIANNUALLY EACH AUGUST 1 AND FEBRUARY I THEREAFTER AS FOLLOWS: ...., % - 1997 % - 1998 % - 1999 % - 2000 % - 2001 % - 2002 % - 2003 % - 2004 % - 2005 % - 2006 % - 2007 % - 2008 % - 2009 % - 2010 % - 2011 % - 2012 ...J ...., ;..J --, -.J PRINCIPAL WILL BE PAYABLE AT FIRST TRUST NATIONAL ASSOCIATION, ST. PAUL, MINNESOTA. IF THE BONDS QUALIFY FOR ASSIGNMENT OF CUSIP 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 SHALL CONSTITUTE CAUSE FOR A FAILURE OR REFUSAL BY THE PURCHASER THEREOF TO ACCEPT DELIVERY OF AND PAY FOR THE BONDS IN ACCORDANCE WITH TERMS OF THE PURCHASE CONTRACT. THE CUSIP SERVICE BUREAU CHARGE FOR THE ASSIGNMENT OF CUSIP IDENTIFICATION NUMBERS SHALL BE PAID BY THE PURCHASER. .-, ....J --, ...., THIS PROPOSAL IS FOR PROMPT ACCEPTANCE AND SUBJECT TO ALL TERMS IN THE OFFICIAL NOTICE OF SALE. WE ARE TO BE FURNISHED THE APPROVING LEGAL OPINION OF BOND COUNSEL, TOGETHER WITH THE DELIVERY OF THE PRINTED AND EXECUTED BONDS, WITHIN 40 DAYS AFTER AWARD OR AT OUR OPTION THEREAFTER. DELIVERY WILL BE MADE AT "J J -'1 ...J (SPECIAL INSTRUCTIONS-SEE OVER) ACCOUNT MEMBERS: ACCOUNT MANAGER ...., . J BY: T ...J ACCEPTED FOR THE ADDRESSEE THIS DAYOFMAY,1996. BY: ...., ATTEST: ~j CITY ADMINISTRATOR MAYOR .--- ---...... -- --...... -- --- -------...-- --... ----- --------- ----......--...... ----... -- --........................ -......... . 1 ~ WE COMPUTE OUR TOTAL NET INTEREST COST TO BE $ FOR A NET INTEREST RATE OF %. THESE COMPUTATIONS ARE NOT A PART OF THIS OFFER. .. --1 IT IS NOT NECESSARY TO USE THIS FORM; HOWEVER, ANY PROPOSAL MUST COMPLY WITH THE TERMS STATED IN THIS OFFICIAL TERMS OF BOND SALE. .-, PLEASE SUBMIT THIS PROPOSAL IN DUPLlCA TE ..J ...., - 105 - ..J n L 1 SPECIAL INSTRUCTIONS: .., L J n SALE RESULTS WILL BE FURNISHED TO PROPOSAL MAKERS AT 8:30 A.M. ON THE DAY AFfER THE SALE AT 224-1500. IF RESULTS ARE DESIRED IMMEDIATELY, PLEASE COMPLETE THE FOLLOWING: . J r', u r, L.. n 1 J ,., CONTACT: \ J ...., TELEPHONE NUMBER: \J ., L 1 ------------------------------------------------------------------- r-.. \ I THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT FOR THE GOOD FAITH CHECK IN THE AMOUNT OF $41,100 TO BE RETURNED TO THE UNSUCCESSFUL PROPOSAL MAKER. r-. 1 J ,-, , J .., \ . r1 \ 1 JURAN & MOODY, INe. n . I r' L J BY: ,..... \ / ~ LJ DATED: MAY 21. 1996 ,., - 106 - L J ...., u ., PROPOSAL FORM (Book Entry Only) ..J ...., .,J HONORABLE CITY COUNCIL CITY OF ANDOVER ANDOVER, MINNESOTA DATED: MAY 21,1996 FOR ALL OF THE $2,055,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1996 OF YOUR .-, CITY AS DESCRIBED IN THE OFFICIAL TERMS OF BOND SALE, WE WILL PAY YOU DOLLARS ,1 ($ ) (NOT LESS THAN $2,024,175) PLUS ACCRUED INTEREST FROM THE DATE OF SAID BONDS TO THE DATE OF DELIVERY. .-, ..J SAID BONDS SHALL BEAR INTEREST PAYABLE FEBRUARY I, 1997, AND SEMIANNUALLY EACH AUGUST I AND FEBRUARY I THEREAFTER AS FOLLOWS: ..., ;..J % - 1997 % - 1998 % - 1999 % - 2000 % - 2001 % - 2002 % - 2003 % - 2004 % - 2005 % - 2006 % - 2007 % - 2008 % - 2009 % - 2010 %-2011 % - 2012 .. ...J ...., PRINCIPAL WILL BE PAYABLE AT FIRST TRUST NATIONAL ASSOCIATION, ST. PAUL, MINNESOTA. IF THE BONDS QUALIFY FOR ASSIGNMENT OF CUSIP 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 SHALL CONSTITUTE CAUSE FOR A FAILURE OR REFUSAL BY THE PURCHASER THEREOF TO ACCEPT DELIVERY OF AND PAY FOR THE BONDS IN ACCORDANCE WITH TERMS OF THE PURCHASE CONTRACT. THE CUSIP SERVICE BUREAU CHARGE FOR THE ASSIGNMENT OF CUSIP IDENTIFICATION NUMBERS SHALL BE PAID BY THE PURCHASER. --, "J ....l I ...., THIS PROPOSAL IS FOR PROMPT ACCEPTANCE AND SUBJECT TO ALL TERMS IN THE OFFICIAL NOTICE OF SALE. WE ARE TO BE FURNISHED THE APPROVING LEGAL OPINION OF BOND COUNSEL, TOGETHER WITH THE DELIVERY OF THE PRINTED AND EXECUTED BONDS, WITHIN 40 DAYS AFTER AWARD OR AT OUR OPTION THEREAFTER. DELIVERY WILL BE MADE AT l 1 ;...J (SPECIAL INSTRUCTIONS-SEE OVER) -, ...J ACCOUNT MEMBERS: ACCOUNT MANAGER ...., _J BY: ..., ...J ACCEPTED FOR THE ADDRESSEE THIS DAY OF MAY, 1996. BY: MAYOR ....., ATTEST: ..J CITY ADMINISTRATOR . , ..J. WE COMPUTE OUR TOTAL NET INTEREST COST TO BE $ FOR A NET INTEREST RATE OF %. THESE COMPUTATIONS ARE NOT A PART OF THIS OFFER. ...., ...J IT IS NOT NECESSARY TO USE THIS FORM; HOWEVER, ANY PROPOSAL MUST COMPLY WITH THE TERMS STATED IN THIS OFFICIAL TERMS OF BOND SALE. ...., PLEASE SUBMIT THIS PROPOSAL IN DUPLlCA TE "'l ..J - 105 - n 1 1 SPECIAL INSTRUCTIONS: n ! J SALE RESULTS WILL BE FURNISHED TO PROPOSAL MAKERS AT 8:30 A.M. ON THE DAY AFfER THE SALE AT 224-1500. IF RESULTS ARE DESIRED IMMEDIATELY, PLEASE COMPLETE THE FOLLOWING: n J J ,..-, L) r' L.. n 1 J CONTACT: ,., LJ n TELEPHONE NUMBER: l J .--, L J ------------------------------------------------------------------- r-. II THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT FOR THE GOOD FAITH CHECK IN THE AMOUNT OF $41.100 TO BE RETURNED TO THE UNSUCCESSFUL PROPOSAL MAKER. ,.., LJ ,.- Ll ,...., \ J r1 LJ JURAN & MOODY, INe. ,..., '-' r, '1- J BY: ,...., LJ DATED: MAY 21, 1996 ,..., --' ,..., - 106 - LJ .., c.J " PROPOSAL FORM (Book Entry Only) L.l ....., HONORABLE CITY COUNCIL CITY OF ANDOVER ANDOVER, MINNESOTA FOR ALL OF THE $1,230,000* GENERAL OBLIGATION CROSSOVER REFUNDING BONDS OF 1996 OF YOUR CITY AS DESCRIBED IN THE OFFICIAL TERMS OF BOND SALE, WE WILL PAY YOU DOLLARS ($ ) (NOT LESS THAN $1,217,700) PLUS ACCRUED INTEREST FROM THE DATE OF SAID BONDS TO THE DATE OF DELIVERY. DATED: MAY 21, 1996 .; .. ~j .-, .-1 SAID BONDS SHALL BEAR INTEREST PAYABLE FEBRUARY I, 1997, AND SEMIANNUALLY EACH AUGUST I AND FEBRUARY I THEREAFTER AS FOLLOWS: ..., % - 1998 % - 1999 % - 2000 % - 2001 - j --, PRINCIPAL WILL BE PAYABLE AT FIRST TRUST NATIONAL ASSOCIATION, ST. PAUL, MINNESOTA. IF THE BONDS QUALIFY FOR ASSIGNMENT OF CUSIP 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 SHALL CONSTITUTE CAUSE FOR A FAILURE OR REFUSAL BY THE PURCHASER THEREOF TO ACCEPT DELIVERY OF AND PAY FOR THE BONDS IN ACCORDANCE WITH TERMS OF THE PURCHASE CONTRACT. THE CUSIP SERVICE BUREAU CHARGE FOR THE ASSIGNMENT OF CUSIP IDENTIFICATION NUMBERS SHALL BE PAID BY THE PURCHASER. ! LJ '-.) .-, ..., d THIS PROPOSAL IS FOR PROMPT ACCEPTANCE AND SUBJECT TO ALL TERMS IN THE OFFICIAL NOTICE OF SALE. WE ARE TO BE FURNISHED THE APPROVING LEGAL OPINION OF BOND COUNSEL, TOGETHER WITH THE DELIVERY OF THE PRINTED AND EXECUTED BONDS, WITHIN 40 DAYS AFTER AWARD OR AT OUR OPTION THEREAFTER. DELIVERY WILL BE MADE AT ...J .., (SPECIAL INSTRUCTIONS-SEE OVER) ACCOUNT MEMBERS: u .. ACCOUNT MANAGER '--1 BY: ...., ACCEPTED FOR THE ADDRESSEE THIS DAY OF MAY, 1996. ...J BY: ...., MAYOR ATTEST: .J CITY ADMINISTRATOR ...., -1 WE COMPUTE OUR TOTAL NET INTEREST COST TO BE $ FOR A NET INTEREST RATE OF %. THESE COMPUTATIONS ARE NOT A PART OF THIS OFFER. "1 ...J IT IS NOT NECESSARY TO USE THIS FORM; HOWEVER, ANY PROPOSAL MUST COMPLY WITH THE TERMS STATED IN THIS OFFICIAL TERMS OF BOND SALE. ..., c.J PLEASE SUBMIT THIS PROPOSAL IN DUPLlCA TE ,.., J * The Issuer reserves the right to increase or decrease the principal amount maturing in any year. Any increase or decrease in the principal amount of the issue will not exceed $10,000. In the event the size of the issue is increased or decreased, the premium or discount will be calculated on a pro rata basis. - 107 - "'l ..J n , J SPECIAL INSTRUCTIONS: n LJ SALE RESULTS WILL BE FURNISHED TO PROPOSAL MAKERS AT 8:30 A.M. ON THE DAY AFfER THE SALE AT 224-1500. IF RESULTS ARE DESIRED IMMEDIATELY. PLEASE COMPLETE THE FOLLOWING: n "J ,.--, L J n L..' n l J ,.-, CONTACT: LJ TELEPHONE NUMBER: ,'-' \ ; ., u - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ LJ THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT FOR THE GOOD FAITH CHECK IN THE AMOUNT OF $24,600 TO BE RETURNED TO THE UNSUCCESSFUL PROPOSAL MAKER. ,.-, LJ r L' n II n , 1 JURAN & MOODY, INC. " L- ,.., LJ BY: ,.-, l 1 ,.., DATED: MAY 21. 1996 L.J - 108 - ,., \ . ...., --.J ....., u PROPOSAL FORM (Book Entry Only) ...., HONORABLE CITY COUNCIL CITY OF ANDOVER ANDOVER, MINNESOTA FOR ALL OF THE $1,230,000' GENERAL OBLIGATION CROSSOVER REFUNDING BONDS OF 1996 OF YOUR CITY AS DESCRIBED IN THE OFFICIAL TERMS OF BOND SALE, WE WILL PAY YOU DOLLARS ($ ) (NOT LESS THAN $1,217,700) PLUS ACCRUED INTEREST FROM THE DATE OF SAID BONDS TO THE DATE OF DELIVERY. DATED: MAY 21,1996 , ) " ...J --, '~, SAID BONDS SHALL BEAR INTEREST PAYABLE FEBRUARY I, 1997, AND SEMIANNUALLY EACH AUGUST I AND FEBRUARY I THEREAFTER AS FOLLOWS: ..., -J % - 1998 % - 1999 % - 2000 % - 2001 ...., PRINCIPAL WILL BE PAY ABLE AT FIRST TRUST NATIONAL ASSOCIATION, ST. PAUL, MINNESOTA. IF THE BONDS QUALIFY FOR ASSIGNMENT OF CUSIP 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 SHALL CONSTITUTE CAUSE FOR A FAILURE OR REFUSAL BY THE PURCHASER THEREOF TO ACCEPT DELIVERY OF AND PAY FOR THE BONDS IN ACCORDANCE WITH TERMS OF THE PURCHASE CONTRACT. THE CUSIP SERVICE BUREAU CHARGE FOR THE ASSIGNMENT OF CUSIP IDENTIFICATION NUMBERS SHALL BE PAID BY THE PURCHASER. -1 ...J u I THIS PROPOSAL IS FOR PROMPT ACCEPTANCE AND SUBJECT TO ALL TERMS IN THE OFFICIAL NOTICE OF SALE. WE ARE TO BE FURNISHED THE APPROVING LEGAL OPINION OF BOND COUNSEL, TOGETHER WITH THE DELIVERY OF THE PRINTED AND EXECUTED BONDS, WITHIN 40 DAYS AFTER AWARD OR AT OUR OPTION THEREAFTER. DELIVERY WILL BE MADE AT ....1 ~1 .-, (SPECIAL INSTRUCTIONS-SEE OVER) ACCOUNT MEMBERS: ;..j T ;.,j ACCOUNT MANAGER BY: ...., ACCEPTED FOR THE ADDRESSEE THIS DAY OF MAY, 1996. .j BY: MAYOR ...., ATTEST: CITY ADMINISTRATOR ...J ........................................................ -............ --................................................................................................................................................... ...., ..J WE COMPUTE OUR TOTAL NET INTEREST COST TO BE $ FOR A NET INTEREST RATE OF %. THESE COMPUTATIONS ARE NOT A PART OF THIS OFFER. .. ....J IT IS NOT NECESSARY TO USE THIS FORM; HOWEVER. ANY PROPOSAL MUST COMPLY WITH THE TERMS STATED IN THIS OFFICIAL TERMS OF BOND SALE. ---, c.J PLEASE SUBMIT THIS PROPOSAL IN DUPLlCA TE ...., ~ · The Issuer reserves the right to increase or decrease the principal amount maturing in any year. Any increase or decrease in the principal amount of the issue will not exceed $10,000. In the event the size of the issue is increased or decreased, the premium or discount will be calculated on a pro rata basis. - 107 - .., -J r" LJ SPECIAL INSTRUCTIONS: n LJ SALE RESULTS WILL BE FURNISHED TO PROPOSAL MAKERS AT 8:30 A.M. ON THE DAY AFfER THE SALE AT 224-1500. IF RESULTS ARE DESIRED IMMEDIATELY, PLEASE COMPLETE THE FOLLOWING: n II ..., LJ ,..-, .~ r1 u ~ , CONTACT: I J ....., TELEPHONE NUMBER: l~ J ~-, ~1 " , ;, THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT FOR THE GOOD FAITH CHECK IN THE AMOUNT OF $24.600 TO BE RETURNED TO THE UNSUCCESSFUL PROPOSAL MAKER. ;1 '- . r-; '- J n \.' n 1 J JURAN & MOODY. INC. ~ L J ,-, , J BY: " LJ DATED: MAY 21. 1996 n Ll n - 108 - L-l ...., --J ...., PROPOSAL FORM (Book Entry Only) ....l HONORABLE CITY COUNCIL CITY OF ANDOVER ANDOVER,MINNESOTA FOR ALL OF THE $1,230,000' GENERAL OBLIGATION CROSSOVER REFUNDING BONDS OF 1996 OF YOUR CITY AS DESCRIBED IN THE OFFICIAL TERMS OF BOND SALE, WE WILL PAY YOU DOLLARS ($ ) (NOT LESS THAN $1,217,700) PLUS ACCRUED INTEREST FROM THE DATE OF SAID BONDS TO THE DATE OF DELIVERY. DATED: MAY 21,1996 , .,J .. --J ---, ...J SAID BONDS SHALL BEAR INTEREST PAYABLE FEBRUARY I, 1997, AND SEMIANNUALLY EACH AUGUST I AND FEBRUARY I THEREAFTER AS FOLLOWS: -, % - 1998 % - 1999 % - 2000 % - 2001 -J -J PRINCIPAL WILL BE PAY ABLE AT FIRST TRUST NATIONAL ASSOCIATION, ST. PAUL, MINNESOTA. IF THE BONDS QUALIFY FOR ASSIGNMENT OF CUSIP 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 SHALL CONSTITUTE CAUSE FOR A FAILURE OR REFUSAL BY THE PURCHASER THEREOF TO ACCEPT DELIVERY OF AND PAY FOR THE BONDS IN ACCORDANCE WITH TERMS OF THE PURCHASE CONTRACT. THE CUSIP SERVICE BUREAU CHARGE FOR THE ASSIGNMENT OF CUSIP IDENTIFICATION NUMBERS SHALL BE PAID BY THE PURCHASER. THIS PROPOSAL IS FOR PROMPT ACCEPTANCE AND SUBJECT TO ALL TERMS IN THE OFFICIAL NOTICE OF SALE. WE ARE TO BE FURNISHED THE APPROVING LEGAL OPINION OF BOND COUNSEL, TOGETHER WITH THE DELIVERY OF THE PRINTED AND EXECUTED BONDS, WITHIN 40 DAYS AFTER AWARD OR AT OUR OPTION THEREAFTER. DELIVERY WILL BE MADE AT - l ....., ~ . .....J ...., ..J ~, (SPECIAL INSTRUCTIONS-SEE OVER) ACCOUNT MEMBERS: ..J ...., ACCOUNT MANAGER ~ BY: ..., ACCEPTED FOR THE ADDRESSEE THIS DAY OF MAY, 1996. .J BY: ..., _J ATTEST: MAYOR CITY ADMINISTRATOR ...., --.....-......-------.........---......-------------...---.....----------------------------------...-- -J WE COMPUTE OUR TOTAL NET INTEREST COST TO BE $ FOR A NET INTEREST RATE OF %. THESE COMPUTATIONS ARE NOT A PART OF THIS OFFER. ..., ....l IT IS NOT NECESSARY TO USE THIS FORM; HOWEVER, ANY PROPOSAL MUST COMPLY WITH THE TERMS STATED IN THIS OFFICIAL TERMS OF BOND SALE. -., J PLEASE SUBMIT THIS PROPOSAL IN DUPLlCA TE ...., LJ · The Issuer reserves the right to increase or decrease the principal amount maturing in any year. Any increase or decrease in the principal amount of the issue will not exceed $10,000. In the event the size of the issue is increased or decreased, the premium or discount will be calculated on a pro rata basis. - 107 - ...., ..J n ..1 SPECIAL INSTRUCTIONS: n , , " SALE RESULTS WILL BE FURNISHED TO PROPOSAL MAKERS AT 8:30 A.M. ON THE DAY AFfER THE SALE AT 224-1500. IF RESULTS ARE DESIRED IMMEDIATELY, PLEASE COMPLETE THE FOLLOWING: l j r-r , J n L , n LJ . 1 CONTACT: ~ J ...., TELEPHONE NUMBER: \ J ,.., II --- -- - - --- --- - -- -- -- - --- --- ------ - - --- - - -- - - - - --- - - - - - -- - - - - - - - - - -- .., l 1 THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT FOR THE GOOD FAITH CHECK IN THE AMOUNT OF $24,600 TO BE RETURNED TO THE UNSUCCESSFUL PROPOSAL MAKER. n , . ~ '__1 ...., '..J n I} JURAN & MOODY, INe. " w n \ J BY: ...~ l ) n u DATED:MAY21.1996 r-> - 108 - L' ...., J ...., PROPOSAL FORM (Book Entry Only) ...J HONORABLE CITY COUNCIL CITY OF ANDOVER ANDOVER, MINNESOTA FOR ALL OF THE $600,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1996 OF YOUR CITY AS DESCRIBED IN THE OFFICIAL TERMS OF BOND SALE, WE WILL PAY YOU DOLLARS ($ ) (NOT LESS THAN $591,000) PLUS ACCRUED INTEREST FROM THE DATE OF SAID BONDS TO THE DATE OF DELIVERY. DATED: MAY 21,1996 --, . J ...., ..J -, , 1 OJ SAID BONDS SHALL BEAR INTEREST PAYABLE FEBRUARY 1, 1997, AND SEMIANNUALLY EACH AUGUST 1 AND FEBRUARY 1 THEREAFTER AS FOLLOWS: ...., % - 1997 % - 1998 % - 1999 % - 2000 % - 2001 % - 2002 % - 2003 % - 2004 % - 2005 % - 2006 cJ ...J PRINCIPAL WILL BE PAYABLE AT FIRST TRUST NATIONAL ASSOCIATION, ST. PAUL, MINNESOTA. IF THE BONDS QUALIFY FOR ASSIGNMENT OF CUSIP 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 SHALL CONSTITUTE CAUSE FOR A FAILURE OR REFUSAL BY THE PURCHASER THEREOF TO ACCEPT DELIVERY OF AND PAY FOR THE BONDS IN ACCORDANCE WITH TERMS OF THE PURCHASE CONTRACT. THE CUSIP SERVICE BUREAU CHARGE FOR THE ASSIGNMENT OF CUSIP IDENTIFICATION NUMBERS SHALL BE PAID BY THE PURCHASER. THIS PROPOSAL IS FOR PROMPT ACCEPTANCE AND SUBJECT TO ALL TERMS IN THE OFFICIAL NOTICE OF SALE. WE ARE TO BE FURNISHED THE APPROVING LEGAL OPINION OF BOND COUNSEL, TOGETHER WITH THE DELIVERY OF THE PRINTED AND EXECUTED BONDS, WITHIN 40 DAYS AFfER AWARD OR AT OUR OPTION THEREAFfER. DELIVERY WILL BE MADE AT (SPECIAL INSTRUCTIONS-SEE OVER) -, ., .j -, ..J '-1 --.J ...., .....J ACCOUNT MEMBERS: ACCOUNT MANAGER ...., -,) BY: ...., ACCEPTED FOR THE ADDRESSEE THIS DAY OF MAY, 1996. L) BY: MAYOR ..., ATTEST: CITY ADMINISTRATOR '.J - - - - - - - - - --........................................................................................................................... ., L...J ...., WE COMPUTE OUR TOTAL NET INTEREST COST TO BE $ FOR A NET INTEREST RATE OF %. THESE COMPUTATIONS ARE NOT A PART OF THIS OFFER. IT IS NOT NECESSARY TO USE THIS FORM; HOWEVER, ANY PROPOSAL MUST COMPLY WITH THE TERMS STATED IN THIS OFFICIAL TERMS OF BOND SALE. ...J ...., LJ PLEASE SUBMIT THIS PROPOSAL IN DUPLlCA TE ...., cJ ., ~ - 109 - ~ LJ SPECIAL INSTRUCTIONS: n l J SALE RESULTS WILL BE FURNISHED TO PROPOSAL MAKERS AT 8:30 A.M. ON THE DAY AFfER THE SALE AT 224-1500. IF RESULTS ARE DESIRED IMMEDIATELY, PLEASE COMPLETE THE FOLLOWING: ...., . ) ,..., \ J ,..., .,. ,...., L.J CONTACT: ,...., U ,--. TELEPHONE NUMBER: t.} "'"' , 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,~ , , THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT FOR THE GOOD FAITH CHECK IN THE AMOUNT OF $12.000 TO BE RETURNED TO THE UNSUCCESSFUL PROPOSAL MAKER. ,..., \ J n l ) r' ,.J ,...., " JURAN & MOODY, INe. r, LJ ,..., l J BY: ,...., " ) DATED: MAY 21, 1996 ,...., LJ r - 110 - l. ...., -J ...., PROPOSAL FORM (Book Entry Only) ...J HONORABLE CITY COUNCIL CITY OF ANDOVER ANDOVER,M~SOTA FOR ALL OF THE $600,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1996 OF YOUR CITY AS DESCRIBED IN THE OFFICIAL TERMS OF BOND SALE, WE WILL PAY YOU DOLLARS ($ ) (NOT LESS THAN $591,000) PLUS ACCRUED INTEREST FROM THE DATE OF SAID BONDS TO THE DATE OF DELIVERY. DATED: MAY 21,1996 ~. Lj ., .J .., , j SAID BONDS SHALL BEAR INTEREST PAYABLE FEBRUARY 1, 1997, AND SEMIANNUALLY EACH AUGUST 1 AND FEBRUARY 1 THEREAFTER AS FOLLOWS: ~1 % - 1997 % - 1998 % - 1999 % - 2000 % - 2001 % - 2002 % - 2003 % - 2004 % - 2005 % - 2006 -! ..., PRINCIPAL WILL BE PAYABLE AT FIRST TRUST NATIONAL ASSOCIATION, ST. PAUL, MINNESOTA. IF THE BONDS QUALIFY FOR ASSIGNMENT OF CUSIP 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 SHALL CONSTITUTE CAUSE FOR A FAILURE OR REFUSAL BY THE PURCHASER THEREOF TO ACCEPT DELIVERY OF AND PAY FOR THE BONDS IN ACCORDANCE WITH TERMS OF THE PURCHASE CONTRACT. THE CUSIP SERVICE BUREAU CHARGE FOR THE ASSIGNMENT OF CUSIP IDENTIFICATION NUMBERS SHALL BE PAID BY THE PURCHASER. THIS PROPOSAL IS FOR PROMPT ACCEPTANCE AND SUBJECT TO ALL TERMS IN THE OFFICIAL NOTICE OF SALE. WE ARE TO BE FURNISHED THE APPROVING LEGAL OPINION OF BOND COUNSEL, TOGETHER WITH THE DELIVERY OF THE PRINTED AND EXECUTED BONDS, WITHIN 40 DAYS AFTER AWARD OR AT OUR OPTION THEREAFTER. DELIVERY WILL BE MADE AT (SPECIAL INSTRUCTIONS-SEE OVER) ...J --. ..J -, J ~,., ...., w ...., oj ACCOUNT MEMBERS: ACCOUNT MANAGER ...., ...J BY: -1 ACCEPTED FOR THE ADDRESSEE THIS DAY OF MAY. 1996. "I BY: MAYOR ..., ATTEST: CITY ADMINISTRATOR '.J ... -- - -- - -- ---............ ---.. ----- -- ---- -.. ---... -- --- ---........ --........... --........ --... --.... ....., eJ ., WE COMPUTE OUR TOTAL NET INTEREST COST TO BE $ FOR A NET INTEREST RATE OF %. THESE COMPUTATIONS ARE NOT A PART OF THIS OFFER. IT IS NOT NECESSARY TO USE THIS FORM; HOWEVER, ANY PROPOSAL MUST COMPLY WITH THE TERMS STATED IN THIS OFFICIAL TERMS OF BOND SALE. .J ...., ..J PLEASE SUBMIT THIS PROPOSAL IN DUPLlCA TE ..., ~ "'l LJ - 109 - n LJ SPECIAL INSTRUCTIONS: ,..., l , ,-' SALE RESULTS WILL BE FURNISHED TO PROPOSAL MAKERS AT 8:30 A,M. ON THE DAY AFfER THE SALE AT 224-1500. IF RESULTS ARE DESIRED IMMEDIATELY, PLEASE COMPLETE THE FOLLOWING: l"J ,...., l J ,..., l J i"'" ~ J CONTACT: ,..., ~ J r-. TELEPHONE NUMBER: LJ ,..., ~_ J ,...... LJ THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT FOR THE GOOD FAITH CHECK IN THE AMOUNT OF $12,000 TO BE RETURNED TO THE UNSUCCESSFUL PROPOSAL MAKER. n t. n \ J r >,J ,..., l' JURAN & MOODY, INe. r-, "-J ,...., \ J BY: n l,J ,.... u DATED: MAY 21, 1996 ,.., - 110 - l J ...., ...J ...., PROPOSAL FORM (Book Entry Only) ,) ~J HONORABLE CITY COUNCIL CITY OF ANDOVER ANDOVER, MINNESOTA FOR ALL OF THE $600,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1996 OF YOUR CITY AS DESCRIBED IN THE OFFICIAL TERMS OF BOND SALE, WE WILL PAY YOU DOLLARS ($ ) (NOT LESS THAN $591,000) PLUS ACCRUED INTEREST FROM THE DATE OF SAID BONDS TO THE DATE OF DELIVERY. DATED: MAY 21,1996 ..., -A ...., SAID BONDS SHALL BEAR INTEREST PAYABLE FEBRUARY 1, 1997, AND SEMIANNUALLY .~ ) EACH AUGUST I AND FEBRUARY I THEREAFI'ER AS FOLLOWS: --. % - 1997 % - 1998 % - 1999 % - 2000 % - 2001 % - 2002 % - 2003 % - 2004 % - 2005 % - 2006 ...J ...., PRINCIPAL WILL BE PAYABLE AT FIRST TRUST NATIONAL ASSOCIATION. ST. PAUL, MINNESOTA. IF THE BONDS QUALIFY FOR ASSIGNMENT OF CUSIP 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 SHALL CONSTITUTE CAUSE FOR A FAILURE OR REFUSAL BY THE PURCHASER THEREOF TO ACCEPT DELIVERY OF AND PAY FOR THE BONDS IN ACCORDANCE WITH TERMS OF THE PURCHASE CONTRACT. THE CUSIP SERVICE BUREAU CHARGE FOR THE ASSIGNMENT OF CUSIP IDENTIFICATION NUMBERS SHALL BE PAID BY THE PURCHASER. THIS PROPOSAL IS FOR PROMPT ACCEPTANCE AND SUBJECT TO ALL TERMS IN THE OFFICIAL NOTICE OF SALE. WE ARE TO BE FURNISHED THE APPROVING LEGAL OPINION OF BOND COUNSEL, TOGETHER WITH THE DELIVERY OF THE PRINTED AND EXECUTED BONDS. WITHIN 40 DAYS AFTER AWARD OR AT OUR OPTION THEREAFf~R. DELIVERY WILL BE MADE AT (SPECIAL INSTRUCTIONS-SEE OVER) , ) .. L1 --, ...J ., ~1 ...., '-; ACCOUNT MEMBERS: ACCOUNT MANAGER ...., ',J BY: .-1 oJ ACCEPTED FOR THE ADDRESSEE THIS DAY OF MAY, 1996. BY: MAYOR ...., .~ A TIEST: CITY ADMINISTRATOR .", - -- --........ --.. -_.. -- ----------- -- -- --- ___.. ____ __.. 00___- ____ __ __.. __.. ___.. o....J ..., WE COMPUTE OUR TOTAL NET INTEREST COST TO BE $ FOR A NET INTEREST RATE OF %. THESE COMPUTATIONS ARE NOT A PART OF THIS OFFER. IT IS NOT NECESSARY TO USE THIS FORM; HOWEVER, ANY PROPOSAL MUST COMPLY WITH THE TERMS STATED IN THIS OFFICIAL TERMS OF BOND SALE. ',I ~ I L1 PLEASE SUBMIT THIS PROPOSAL IN DUPLlCA TE ...., u ...., ;.j - 109 - n u SPECIAL INSTRUCTIONS: n " ,-1 SALE RESULTS WILL BE FURNISHED TO PROPOSAL MAKERS AT 8:30 A.M. ON THE DAY AFfER THE SALE AT 224-1500. IF RESULTS ARE DESIRED IMMEDIATELY, PLEASE COMPLETE THE FOLLOWING: I J. n l .- n \.' ,...., u n CONTACT: \ I TELEPHONE NUMBER: ~ u r. I I r-, l J THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT FOR THE GOOD FAITH CHECK IN THE AMOUNT OF $12,000 TO BE RETURNED TO THE UNSUCCESSFUL PROPOSAL MAKER. n \ .' n l J h LJ n '.' JURAN & MOODY, INC. , , _J n \ , BY: .., u .... LJ DATED: MAY 21. 1996 ,...., - 110 - \ , DATE May 7. 1996 ITEMS GIVEN TO THE CITY COUNCIL Park and Recreation Commission Minutes - April 4. 1996 Planning and Zoning Commission Minutes - April 9. 1996 Board of Review Minutes - April 11. 1996 City Council Minutes - April 16. 1996 Park and Recreation Commission Minutes - April 18. 1996 Planning and Zoning Commission Minutes - April 23 1996 Letter from Captain Len Christ - April 16. 1996 Ordinance 92A Preliminary Plat - Shadowbrook Feasibility Report - Crown Pointe Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. \\\; ~\ CL 5-I-Y(c II Office of ANOKA COUNTY SHERIFF LARRY PODANY 325 Jackson Street - Anoka. Minnesota 55303-2210 612-323-5000 Fax 612-422-7503 ir~ ;::- <~ ':'::,~' rr"~; ;'''-r:.~ r .n:.~,'. -".~'-.'~~.,,;....f:.l ~} ~t:, . __~ APR 24 'j996 April 16th, 1996 err': _. '.":!:.:O\/ER Mayor Jack McKelvey City of Andover 1685 Crosstown Blvd. N.W. Andover 1 MN 55304 Dear Mayor McKelvey: The March Calls For Service Law Enforcement Report and Municipality Arrest Report are attached for your review. Should you have any questions or concerns please contact me at my office1 323-5131. Included in this report for the City of Andover is the monthly report for the contract cars and the Community Service Officers. It also includes expenses incurred by the Community Service Officers to aid you in future budget planning. However, at this time payroll expenses are not included in this report but will be available to you soon. This expense report will be issued at 2 month intervals. Sincerely 1 --j /',. - , - ;. [ . j . '-: \\ \ .\ 1_L '\: , _... ____ f " . Captain Len-Christ Patrol Division LC:nc Attachments Affirmative Action I Equal Opportunity Employer CITY OF ANDOVER MONTHLY CONTRACT PRODUCTIVITY REPORT MONTH: March , 1.996 This report reflects the productivity of the Andover contract cars1 1Z251 2Z351 3Z451 4Z45 and 4Z55. It does not include activity by Sheriff I s Department cars within the City during non-contract hours, nor, activity by .other Sheriff's department cars within the City during contract hours or activity by the Community Service Officers. Arrests: Warrant 9 Radio Calls: 602 Complaints: 434 Medicals : 17 P.I. Accidents 11 P.O. Accidents 20 House Checks 16 - Arrests: Traffic 102 DWI 6 Arrests: Felony 1 G.M. o Misdemeanor 23 Papers Served: o Business Checks 659 Aids: Public 39 Other Agency 87 TOTAL MILES DRIVEN: 14,687 CAPTAIN LEN CHRIST ANOKA COUNTY SHERIFF'S DEPARTMENT PATROL DIVISION -8- CITY OF ANDOVER MONTHLY PRODUCTIVITY REPORT COMMUNITY SERVICE OFFICER MONTH: March , 1996 This report reflects the productivity of the Andover Corrnnunity Service Officers, 5Z47.. It does not include activity by Sheriff's Department contract or non-contract cars within the City. YEAR TO DATE: 1996 Radio Calls: 99 165 - Complaints: 14 21 Accident Assists: 8 14 - Medical Assists: 5 6 - Aids to Public: 248 428 - Aids to Agency: 278 55~ Vehicle Lock Out: 17 *17 Extra Patrol: 29 - *29 House Checks: 134 294 - Business Checks: 239 366 - Animal Complaint: 26 *26 - Traffic Assists: 10 *10 - Miles Driven: 5,247 11,170 ***(*) January and February totals were not totaled independently they were included in Radio Calls. CAPTAIN LEN CHRIST ANOKA COUNTY SHERIFF I S DEPARTMENT PATROL DIVISION -8a- '~ en w 0:: => I- o Z w a. x w co 0> 0> 0:: W () LL LL o W () :> 0:: w en >- I- Z => ~ ~ o () \\ (M\<"> en I'- CXlrm., , C"!C"!~~~'~,""': ,NIN'<I'l'-lllIO \~<">'<I'''''N I'- o N .... co CO .... I'- .oai '<I' CO NO> en w ::i a. a. => en ~, ~. 0:: ct w :c I- ~ w,cb, >-.i i='1O 0' ; ~' o l- => <( '~ ~ 0:: :CO '<I' 0> ~~!~~ 10'<1' <">'0, <"> ..... ..... .... N: ......i N 10 CO o 10 N 10 CO o 10 :001 .~, 0::' 0' LL, Z => '\ 'U1 ::i: 'w en .<( .w O::~ (9. 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