HomeMy WebLinkAboutCC July 1, 1997
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.w. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
Regular City Council Meeting - Tuesday, July 1, 1997
Call to Order - 7:00 p.m.
Resident Forum
Agenda Approval
Consent Agenda
Approval of Minutes
Discussion Items
1. Continue Public Hearing/Redevelopment Plant/Public Works Building/96-15
2. Anoka Ice Arena
3. Downtown Center Transfer
4. Hearing/Private Kennel License/Schuler
5. Tower Drive/No Parking Restrictions Discussion
6. Crooked Lake Task Force Update
7. Junkyard License Renewal/Commercial Auto Parts
8. Meadow Creek Church/Request Inclusion Ordinance 218/
Crooked Lake Boat Trailer Parking Discussion
EDA Meeting
9. Approve ResolutionlEstablishing the Redevelopment Project Area
Non-Discussion
10. Approve Kennel License Renewals
II. Special Use PermitlMerwin Drug & Hardware
12, Special Use PermitIVariancelMeadow Lark Heights/Area 1. D. Sign
13. Approve Ord. 224/User Strength
14. Approve Ord. 226/Auto Recycling Yards
IS. Adopt Ord. 44K (To Repeal Ordinance #44)
16. Approve Ord, 228/Swimming Pools
17. Accept Easement & Consent to Encroach Agreement/Children's World Learning Center
18. Approve Permit/Andover Family Fun Fest/Ord. 230
19. Approve Lease Agreement/Nextel
20. Acknowledge Probation Period/John Hinzman, City Planner &
Michele Wenning, Accountant
21. Approve Resolution/Setting Fee/Non-Conforming Occupation
22. No Wake/Slow Wake/Ordinance Update
23. Ord, 214/Disease Shade Tree Ordinance
Mayor-Council Input
Payment of Claims
Adjournment
agenda
Bookmark
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icearena
downtown
schuler
nopark
crlake
junkyard
meadowcreek
eda
kennel
merwin
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ord224
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childrens
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: lulv 1. 1997
AGENDA SECTION
Approval of Minutes
ORIGINATING DEPARTMENT
City Clerk
J. V.
ITEM NO.
Approval of Minutes
The City Council is requested to approve the following minutes:
June 17, 1997
Regular City Council Meeting
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE July 1. 1997
AGENDA SECTION
Discussion
ORIGINATING DEPARTMENT
Engineering ,11
Scott Erickson () 'v
I ITEM NO, J.
Public Hearing/Redevelopment Plan/Public Works Building/96-15
REOUEST:
The Andover City Council is requested to hold a continuation public hearing to discuss
\ the redevelopment plan for the Public Works expansion project. The Council is also
J requested to adopt the Redevelopment Plan for the Andover Public Works Building and
pass the attached resolution approving the redevelopment project area and plan.
Within your packets is the redevelopment plan for the Public Works Expansion project,
the budget breakdown, as well as the resolution approving the Redevelopment Project
Area and Plan.
BACKGROUND:
At the June 5, 1997 Andover City Council meeting, the City Council passed a resolution
calling for a Public Hearing on the Redevelopment Project Area. At that time the Public
Hearing was scheduled for June 17, 1997. On June 17 the City Council tabled this item
until further information was compiled. On June 24 the City Council discussed the
budgeted number and decided to go ahead with additional City HallIPublic Works site
improvements in order to bring this site into compliance with our city codes and
requirements.
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REDEVELOPMENT PLAN
FOR
ANDOVER PUBLIC WORKS BUILDING
June 17, 1997
ECONOMIC DEVELOPMENT AUTHORITY OF THE
CITY OF ANDOVER
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TABLE OF CONTENTS
Page
I. INTRODUCTION AND LEGAL BASIS. , , , . . . , , . . . . , , . . . . , , , .1
A. Intent...",.....",.....".....",..."...",....", .1
B. Statement......".......,......,......,.....,.........1
C, Redevelopment Area Boundaries. . . . . , . . . . . . . . . . . . . . . . . . . . 1
D. Statement of Authority, . . . . . . , , , . . . . , , . . . . . , . . . . . . . . . . . . 2
E, Findings and Declaration. . , , , . . . . . , , . . . . , , . . . . . . . . . . , , .. 2
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II. REDEVELOPMENT PROGRAM. . . . . . . . . . . . . . . . . . . . . . . . . ., 2
A. Redevelopment Plan Objectives, . . . . . . . . . . . . . . . . . . . . . . . . . . 2
B. Land Use. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . 3
C. Redevelopment Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . 3
D. Financing Plan. . . . . , , . . . . . . , , , . . . . , , . . . . . . . . . . . . . . . . . , . 4
E. Development Standards, . . . . . , , . . . . . , . . . . . . . . . . , . . . . . . . . . 5
F. Environment Controls, , . . . . . . . . . . . . . , . . . . , . . . . , , . . . . . , , . 5
G, Administration of Project . . . , . . . . . . , . . . . . . . . . . . . . . . . . . , . . .5
H, Modification of Plan. . . . . . . , , . . . . , . . . . . " .."...."..... 5
Exhibit A - Location Map - Redevelopment Area
Exhibit B - Redevelopment Area Boundary Map
Exhibit C - Legal Description
Exhibit D - Budget
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1.
INTRODUCTION AND LEGAL BASIS
A. Intent
The Economic Development Authority of the City of Andover (EDA)
proposes to cause to be constructed and equipped in the Redevelopment
Area an approximately 30.000 square foot public works building (the
"Public Works Building"). The City of Andover, Minnesota (the "City")
will lease all or a portion of the Public Works Building from the EDA
with an option to purchase pursuant to a lease with option to purchase
agreement. Revenue bonds in the principal amount not to exceed
approximately $2 336.996 are proposed to be sold by the EDA to finance a
portion of the costs of the Public Works Building, The revenue bonds will
be secured by the payments to be made by the City under the lease with
option to purchase agreement.
In the remainder of the Redevelopment Area the EDA proposes to
facilitate, as appropriate, private development by acquiring land and
preparing it for private development and by constructing public
infrastructure improvements.
Attached as Exhibit A is the location MAP of the Redevelopment Area.
B.
Statement
The City and EDA have determined that conditions exist within the
Redevelopment Area which have prevented further development ofland
by private enterprise. It has been found that the Redevelopment Area is
potentially more useful and valuable for contributing to the public health,
safety and welfare than has been realized under existing development.
The development of these parcels are not attainable in the foreseeable
future without the intervention ofthe EDA in the private development
process. The EDA has prepared the Redevelopment Plan, which provides
for the elimination of these conditions, thereby making the land useful and
valuable for contributing to the public health, safety and welfare.
C. Redevelopment Area Boundaries
The boundaries of the Redevelopment Area are outlined on the
Redevelopment Area Boundary Map, Exhibit B. Exhibit C is the legal
description ofthe Redevelopment Area,
All land included in the Project Area is within the legal boundaries of the
City.
D. Statement of Authority
Minnesota Statutes Section 469.001-469.047 (Housing and
Redevelopment Authority Act) grants municipalities the authority to
designate redevelopment areas within the boundaries of the municipalities.
Within these areas, the municipality may adopt a redevelopment plan and
establish a project consistent with the municipality's public purpose. The
project as contemplated by this plan consists of a redevelopment project as
defined in Section 469.001, Subdivision 14. The lease with option to
purchase agreement is authorized under Minnesota Statutes, Section
465.71.
E. Findings and Declaration
The City of Andover and the Economic Development Authority of the
City of Andover make the following findings:
1. The certain parcels of land in the project area would not be made
available for redevelopment without some public financial aid.
2. The redevelopment plans for the Redevelopment Area in Andover
will afford maximum opportunity consistent with the needs of the
locality as a whole, for the redevelopment of the area by private
enterprise.
3. The Redevelopment Plan conforms to the general plan for
development of the locality as a whole.
II. REDEVELOPMENT PROGRAM
A. Redevelopment Plan Objectives
The EDA, through implementation of this plan, seeks to achieve the
following objectives:
1. To provide for the lease costly and most efficient Public Works
Building for the City required to provide adequate City services to
the region.
2. To promote and seek the orderly and harmonious development of
the Redevelopment Area.
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3, To provide logical and organized land use for the entire
Redevelopment Area consistent with the Comprehensive Land use
Plan and the Zoning Ordinance of the City.
4. To promote the prompt development of property in the
Redevelopment Area with a minimal adverse impact on the
environment.
5, To provide general design guidance in conjunction with a suitable
development contract in order to enhance the physical environment
of the area.
6, To provide adequate utilities and other public improvements and
facilities, to enhance the Redevelopment Area and the City for new
and existing development.
7. To assist the financial feasibility of private projects to the extent
necessary and where there is a corresponding level of public
benefit.
8. To enhance the overall economy of the City and surrounding area
by retaining current, and providing additional employment
opportunities for the residents of the City and surrounding
community.
9. To increase the City's tax base by providing critical public
infrastructure improvements for the City.
10. To stimulate development and investment within the
Redevelopment Area by private interests.
B. Land Use
The proposed land use for the Redevelopment Area is primarily
institutional city owned and operated. Public owned and operated
facilities necessary for the public health, safety and welfare are permitted
uses in the Redevelopment Area.
C. Redevelopment Activities
1, Acquisition
The City presently owns the property in the Redevelopment Area
on which the Public Works Building will be located. Other than
that property, other property in the Redevelopment Area will be
acquired by the EDA if and when required.
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2. Relocation
It is not expected that any persons will be displaced as a result of
this Redevelopment Plan.
3. Public Works Building and Other Public Improvements,
The EDA proposes to cause to be constructed the Public Works
Building and, as appropriate, other public infrastructure
improvements within the Redevelopment Area.
All or a portion of the completed Public Works Building will be
sold to the City under a lease with option to purchase agreement.
D. Financing Plan
1. Project Budget
Attached hereto as Exhibit D is a budget which details estimated
development costs associated with the Public Works Building and ,
any other public improvements currently contemplated. The items
of cost and the costs thereof shown in the budget are estimated to
be necessary based upon information now available, It is
anticipated that the items of cost and the costs thereof shown in
each category in the budget may decrease or increase, but that the
total project cost will not exceed the amount shown above,
2. Source of Funds and Security
The City is entering into the lease with option to purchase
agreement with the EDA pursuant to Minnesota Statutes, Section
465.71. The lease with option to purchase agreement is payable
from general sources including taxes, and its payment is not
limited to a specific fund or specific source of revenues. Sources
of funds for any other public improvements include rates and
charges, assessments and other available funds of the EDA or City.
3. Bond Issue Details
The EDA will issue approximately $2.336.996 in public project
revenue bonds to finance the Public Works Building. No bonding \
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has currently been structured to finance costs of any other public
improvements.
E.
Development Standards
The EDA will consider among other things, the following factors when
evaluating development proposals for projects within the Redevelopment
Area seeking public assistance and support:
I. Degree to which redevelopment objectives are provided for or
enhanced.
2, Consistency with this plan and the Andover Comprehensive Plan.
F.
Environment Controls
It is presently anticipated that the proposed development in the
Redevelopment Area will not present major environmental problems. All
municipal actions and public improvements will be carried out in a manner
that will comply with applicable environmental standards. The
environmental controls to be applied within the area are contained within
the codes and ordinances of the City of Andover.
G.
Administration of Project
The Andover City Council has authorized the Economic Development
Authority of the City of Andover to be responsible for seeing that the
contents of this plan are promoted, implemented and enforced.
H. Modification of Plan
A Redevelopment Plan may be modified at any time. The modification
must be adopted by the EDA and the City, upon notice and after the public
hearing required for the original adoption of the Redevelopment Plan.
Changes that do not alter or affect the exterior boundaries and do not
substantially alter or affect the general land use established in the plan,
shall not constitute a modification of the Redevelopment Plan, nor require
approval by the City.
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CITY OF ANOOVER
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TY ts HOT IfSPOHSlIlE FOI ANt IN-
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EXHIBIT C
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LEGAL DESCRIPTION
Unplatted City of Andover. Northeast Quarter of the Southeast Quarter of
Section 22, Township 32, Range 24, Anoka County, Minnesota (Subject to
Easement to RCPA 12-1-67) (Subject to Easement to NSP 11-12-68)
Subject to Easements of Record if Any.
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EXHIBIT D
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CITY OF ANDOVER
Public Works Expansion Project Cost Estimates
Public Works Building Cost Estimate
1,883,344
Additional Cost Factors:
Brick Existing City Hall
Allowance for Communications
$
29,475
50,000
Subtotal
Subtotal
Funds Available From Approval Amount
Bond Previously Approved
$
79,475
$
1,962.819
$
$
37.181
2,000,000
EXHIBIT D
CITY OF ANDOVER
,
" City Hall/Public Works Complex Site Improvement Estimate
Improvements:
Demolition and Clearing $
Earthwork
Site Drainage Improvements
Pavements, Curbs and Walks
Retaining Walls
Landscaping
Design, permit, sales tax, bonding, CM fees
and overhead
15,396
44,791
35,693
128,464
7,002
26,882
115,949
Total additional site work
$
374,177
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
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RESOLUTION NO.
RESOLUTION APPROVING REDEVELOPMENT PROJECT AREA AND
PLAN
BE IT RESOLVED by the City Council (the "Council") of the
City of Andover, Minnesota (the "City"), as follows:
Section 1. Recitals.
1.01. It has been proposed by the Economic Development
Authority of the City of Andover (the "Authority") that the
Authority establish a Redevelopment Project Area in connection
with the construction and equipping of a public works building
(the "Redevelopment Project Area")j and adopt 'the Redevelopment
Plan for the Redevelopment Project Area (the "Plan") j all
pursuant to and in conformity with applicable law, including
Minnesota Statutes, Sections 469.001 through 469.047 and 469,090
through 469.1081j all as reflected in that certain document
entitled in part "Redevelopment Plan for Andover Public Works
Building," dated June 17, 1997, and presented for the Council's
/ consideration.
1.02. The Council has investigated the facts relating to
the Plan.
1.03. The City has performed all actions required by law to
be performed prior to the adoption and approval of the Plan,
including, but not limitedto, a review of and written comment on
the Plan by the City Planning Commission, and the holding of a
public hearing thereon following at least 10 but not more than 30
days' prior published notice thereof, as required by law.
Section 2. Findinqs for the Adoption and Approval of the
Plan.
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2.01. The Council hereby finds that the Plan conforms to
the general plan for the development or redevelopment of the City
as a whole because the Redevelopment Project Area is properly
zoned for the intended uses, and the anticipated development is
in furtherance of long range plans of the City for that areaj and
that the Plan will afford maximum opportunity consistent with the
sound needs of the City as a whole, for the development of the
Redevelopment project Area and adjacent areas by private
enterprise because they will enable the Authority to provide and
finance necessary public facilities.
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351658.1
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2.02. The Council further tihdn that tne Plan is intended
and, in the judgment of this Council, its effect will be, to
promote the public purposes and accomplish the objectives
specified in the Redevelopment Plan for Redevelopment Project
Area.
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Section 3. Approval and Adoption of the Plan.
3.01. The Plan, as presented to the Council on this date,
including without limitation the findings and statements of
objectives contained therein, are hereby approved, ratified,
established, and adopted and shall be placed on file in the
office of the City Administrator. '
Passed and Adopted this 17th day of June, 1997, by the
Andover City Council.
Approved this 17th day of June, 1997.
Mayor
City Clerk
duly
vote
The motion for the adoption of the
seconded by Councilmember
being taken thereon, the following
foregoing resolution was
, and upon
voted in favor thereof:
and the following voted against the same:
351658.1
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STATE OF MINNESOTA
COUNTY OF ANOKA
ss.
CITY CLERK'S CERTIFICATE
CITY OF ANDOVER )
I, the undersigned 1 being the duly qualified and acting City
Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I
have carefully compared the attached and foregoing extract of
minutes of a duly called and regularly held meeting of the City
Council of said City held on June 17, 1997, with the original
minutes thereof on file in my office and I further certify that
the same is a full, true, and correct transcript thereof insofar
as said minutes relate to the Economic Development Authority of
the City of Andover's Redevelopment Project Area.
WITNESS My hand officially and seal of said City this 17th
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day of June, 1997.
City Clerk
Andover, Minnesota
(SEAL)
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351658.1
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE:
July 1. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion
Administration
Richard Fursman
ITEM NO.
Anoka Ice Arena
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Fred Hamacher, representing the Anoka Area Ice Arena, will be present to provide the Council and the
citizens of Andover an update on the arena.
Attached is information for your review.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE:
July 7, 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion
Administration
Richard Fursman
ITEM NO. ..3 .
Downtown Center Transfer
Request:
The City Council is requested to consider an amendment to the contract for private development
between the City of Andover and the Andover Limited Partnership,
The City entered this agreement in 1986 for the development ofthe Downtown Center. This agreement
contemplated the use ofTlF funds for the repayment of the bond issued by the City. As a part of the
development contract, Mr. Rademacher was required to personally guarantee any deficiencies that may
result if the TlF funds did not adequately cover the debt service requirements of the City.
/ The Andover Partners are selling their interest in the Downtown Center, and Mr. Rademacher has
requested that he be removed as a personal guarantor under the original development agreement. He has
proposed that the principals in the new acquiring entity, Andover Investors, LLC, be substituted in his
place.
Staff and the City Attorney have reviewed the new principals financial statements. Based on the
financials and the history of the TlF payments on the project, the request appears to be reasonable. Staff
is comfortable recommending that the City substitute two new individuals for Mr. Rademacher.
Enclosed is the original agreement.
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CONTRACT
FOR
PRIVATE REDEVELOPMENT
By and Between
THE CITY OF ANDOVER, MINNESOTA
And
ANDOVER LIMITED PARTNERSHIP
This document was drafted by:
HOLMES & GRAVEN, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
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, ARTICLE VI
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Tax Increment
Section 6.1. Tax Increment Certification 17
Section 6.2. Real Property Taxes 17
Section 6.3. Assessment Agreement 18
Section 6.4. . Loan Amount and Repayment Schedule 18
Section 6.5. Guaranty 18
ARTICLE VII
Financin!1:
Section 7.1. Financing 20
Section 7.2. Limitation Upon Encumbrance of Property 20
Section 7.3. Approval of Mortgage 20
Section 7.4. Copy of Notice of Default to Mortgagee 20
Section 7.5. Mortgagee's Option to Cure Defaults 21
Section 7.6. City's Option to Cure Default on Mortgage 21
ARTICLE VIII
Prohibitions A!1:ainst Asshtnment and Transfer
Section 8.1. Representation as to Redevelopment 23
Section 8.2. Prohibition Against Transfer of Property and
Assignment of Agreement 23
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined 25
Section 9.2. Remedies on Default 25
Section 9,3. No Remedy Exclusive 26
Section 9,4, No Additional Waiver Implied by One Waiver 26
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; City Representatives
Not Individually Liable 27
Section 10,2. Equal Employment Opportunity 27
Section 10,3, Restrictions on Use 27
Section 10.4, Provisions Not Merged With Deed 27
Section 10,5, Titles of Articles and Sections 27
Section 10,6, Notices and Demands 27
Section 10,7 Counterparts 28
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Section 11.1.
Section 11.2
Section 11.3.
SIGNATURES
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
SCHEDULE G
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ARTICLE XI
Termination of Aln'eement
Termination of Agreement
Failure to Commence Construction
Effect of Termination
Description of Redevelopment Property
Quit Claim Deed
Assessment Agreement and Assessor's Certification
Certificate of Completion and Release of Forfeiture
Permitted Encumbrances
Public Improvements
Repayment Schedule
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CONTRACT POR
PRIVATE REDEVELOPMENT
THIS AGREEMENT, made on or as of the _ day of ,
1986, by and between The City of Andover (the "City"), a statutory city of the
State of Minnesota, having its principal offices at City Hall, 1685 Crosstown
Boulevard, N.W., Andover, Minnesota 55304 and Andover Limited Partnership (the
"Redeveloper"), a Minnesota limited partnership with its principal offices at One
Main Street, S.E., Suite 600, Minneapolis, Minnesota 55414.
WITNESSETH:
WHEREAS, the City is a municipal corporation organized and existing
pursuant to the Constitution and laws of the State of Minnesota and is governed by
the Council of the City; and
WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota
Statutes, Section 472A.Ol et seQ" as amended (the "Act"), the Council is
authorized to establish development districts in order to provide for the
development and redevelopment of the City; and
WHEREAS, pursua;tt to the Tax Increment Financing Act, Minnesota
Statutes, Sections 273.71-273.78, as amended (the "Tax Increment Act"), the
Council is authorized to finance the capital and administration costs of a
development district with tax increment revenues derived from a tax increment
financing district established within such development district; and
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WHEREAS, the Council of the City has established Development District
No.1 (the "Development District") pursuant to the Act; and
WHEREAS, in connection with the Development District, the City Council
of the City has created a tax increment financing district ("Tax Increment District
No. 1-2") pursuant to the Tax Increment Act; and
WHEREAS, in connection with Tax Increment District No. 1-2 the Council
of the City has prepared and approved a tax increment financing plan; and
WHEREAS, the major objectives of the Council in establishing the
Development District are to:
1. Promote and secure the prompt development of certain
property in the Development District, which property is not now in
productive use or in its highest and best use, in a manner consistent with the
City's Comprehensive Plan and with a minimum adverse impact on the
environment, and thereby promote and secure the development of other land
in the City;
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2. Promote and secure additional employment opportunities
within the Development District and the City for residents of the City and
the surrounding area, thereby improving living standards, reducing un-
employment and the loss of skilled and unskilled labor and other human
resources in the City;
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3. Secure the increase of commercial property subject to
taxation by the City, Anoka-Hennepin School District No, 11, Anoka
County, and other taxing jurisdictions in order to better enable such entities
to pay for governmental services and programs required to be provided by
them;
4, Provide for the financing and construction of public improve-
ments in and adjacent to the Development District, necessary for the
orderly and beneficial development of the Development District and
adjacent areas of the City;
5. Promote the concentration of new desirable residential,
commercial, office, and other appropriate development in the Development
District so as to maintain the area in a manner compatible with its
accessibility and prominence in the City;
6. Encourage local business expansion, improvement, and
development, whenever possible;
7. Create a desirable and unique character within the Develop-
ment District through quality land use alternatives and design quality in new
and remodeled buildings;
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8. Encourage and provide maximum opportunity for private re-
development of existing areas and structures which are compatible with the
Development Program; and
WHEREAS, in order to achieve the objectives of the Council in creating the
Development District the City is prepared to acquire certain real property located
in the Development District (such real property is more particularly described in
Schedule A to this Agreement), to construct certain public improvements thereon,
and to convey such real property to the Redeveloper for development and
redevelopment in accordance with this Agreement; and
WHEREAS, in order to achieve the foregoing the City has determined to
provide substantial aid and assistance through the sale of bonds and the
contribution of local funds; and
WHEREAS, the City believes that the development and redevelopment of
the Development District pursuant to this Agreement, and fulfillment generally of
the terms of this Agreement, are in the vital and best interests of the City and the
health, safety, morals and welfare of its residents, and in accord with the public
purposes and provisions of applicable federal, state and local laws under which the
Program is being undertaken and assisted;
NOW, THEREFORE, in consideration of the premises and the mutual
obligations of the parties hereto, each of them does hereby covenant and agree
with the other as follows:
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2-24-87
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FIRST AMENDMENT TO
CONTRACT FOR PRIVATE REDEVELOPMENT
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BY AND BETWEEN THE
CITY OF ANDOVER, MINNESOTA,
~D
ANDOVER LIMITED PARTNERSHIP
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FIRST AMENDMENT
This First Amendment, made as of the
day of
,
1987, by and between the City of Andover ("the City"), a
statutory city of the State of Minnesota, and Andover Limited
Partnership (the "Redeveloper"), a Minnesota limited partnership
and amends that certain Contract for Private Redevelopment dated
the _ day of , 1986, by and between the Ci ty and the
Redeveloper (which contract is hereinafter referred to as the
"Agreement").
WITNESSETH:
WHEREAS, the City and the Redeveloper entered into the
Agreement pursuant to which the City agreed to acquire certain
real property located wi thin the City and to convey such real .
property to the Redeveloper; and
WHEREAS, pursuant to the Agreement, the Redeveloper agreed
to construct certain improvements on such real property; and
WHEREAS, the Redeveloper has negotiated with First National
Bank of Minneapolis, a national banking association, to secure
funds for construction of the improvements to be constructed by
the Redeveloper under the Agreement; and
WHEREAS, First National Bank of Minneapolis (the "Lender")
has requested that certain modifications be made to the Agreement
as a condition to its provision of financing to the Redeveloper;
and
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NHEREAS, the City and Redeveloper desire to make such
modifications to the Agreement through the execution of this
Amendment.
NOW, '!'HEREFORE, in consideration of the mutual obligations
of the City and the Redeveloper each of them- does hereby
convenant and agreed with the other as follows:
Section 1. Section 2.2 (g) is hereby amended by deleting the
last two sentences thereof and inserting in lieu the
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following:
The City agrees that it will issue the Bonds
on or before March 3, 1987. The Redeveloper
shall be entitled to draw upon the Proceeds
of the Bonds when 80% of the Note's proceeds
have been expended.
Section 2. Section 3.l(a) is hereby amended by deleting the
last sentence thereof.
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Section 3. Section 3.l(b)
of the Agreement is hereby
amended to read as follows in its entirety:
Subject to the terms and conclitions of, this
Agreement, the Redeveloper shall convey title
to and possession of the Redevelopment
Property to the City on the date that the
Redeveloper closes on its financing obtained
from the Lender in connection with the
construction of the Minimum Improvements.
Section 4. Section 3.l(e) is hereby amended to read as
follows in its entirety:
The City shall reserve to itself at the time
of its reconveyance of title to and
possession of the Redevelopment Property a
leasehold interest in the Redevelopment
Property which shall give the City the right
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to cause the construction of the Public
Improvements in the manner provided in this
Agreement. Such leasehold interest shall
terminate at such time as the construction of
the Public Improvements has been completed as
certified by the Redeveloper, or by the
Redeveloper's Lender as permitted in that
certain "TIF Proceeds Agreement", of even
da te herewith by and between the City, the
Redeveloper, the Lender, and . The
leasehold interest reserved to the City shall
be subject to and subordinate in all respects
to the lien of the Lender's Mor tgage and any
approved Mortgage obtained for construction
of the Minimum Improvements.
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Section 5. Section 3.3(a) of the Agreement is hereby
amended ~o provide as follows in its entirety:
(a) The City shall execute and deliver to
the Redeveloper the Redevelopment
Property Deed immediately subsequent to
the conveyance of the Redevelopment
Property from the Redeveloper to the
City. The Redeveloper shall take
possession of the Redevelopment Property
the day of execution and delivery of the
Redevelopment Property Deed by the City
to the Redeveloper.
Section 6. Section 4.3 of the Agreement is hereby amended
by chang ing the date in the th ird line thereof from
"November 15, 1986" to "March 2, 1987".
Section 7. Section 6.1 of the Agreement is hereby amended
by adding the following sentence at the end thereof:
For purposes of calculating the difference
between the Proceeds and $900,000, the amount
of any interest earned on the Proceeds
subsequent to the date that the Proceeds are
deposited with the Escrow Agent pursuant to
the TIF Proceeds Agreement referred to in
Section 3.1Ce) shall be included.
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Section 8. The Agreement is hereby amended by adding a new
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Section 7.7 as follows:
Section 7,7, Approval of Redeveloper
FinancinQ. The City hereby approves as
required pursuant to this Article VII the
Redeveloper's financing to be obtained from
the Lender pursuant to the Note and related
financing documents. .
Section 9, To the extent not inconsistent with the terms
and provisions of this Amendment, all other terms and
provisions of the original Agreement shall remain in full
force and effect.
To the extent that any provision of this
Amendment or
the Agreement
is inconsistent with any
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provision of the TIF Proceeds Agreement, the terms and
provisions of the ~IF Proceeds Agreement shall govern.
IN WITNESS WHEREOF, the City and the Redeveloper have
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executed this Amendment as of the day and year first written
above.
THE CITY OF ANDOVER, MINNESOTA
By
Its Mayor
And By
Its
City Administrator
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And By
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ANDOVER LIMITED PARTNERSHIP
By Andover Partners. a joint
venture, its general partner
By THE BOISCLAIR CORPORATION
By
Its
WILLIAM C. RADEMACHER
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ARTICLE I
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meanlng'."",;",,- 'C "i ,.
clearly appears from the context:
'- .....-. +---..---,.--- ---:
"Act" means the Municipal Development Districts Act, Minnesota Statutes,
Sections 472A.01 ~ seQ" as amended.
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"Agreement" means this Agreement, as the same may be from time to time
modified, amended, or supplemented.
"Assessed Market Value" .or "Assessed Market Valuation" means the market
value of real property as determined by the county assessor of the County of Anoka.....,,,
in accordance with Minnesota Statutes, Section 273.11 (or as finally adjusted by, '
any assessor, board of eqUalization, commissioner of revenue, or any court). '
, _ "Assessment Agreement" means the agreement, in "the ..f9rm. of ",the
'agreement contained In Schedule C attached to and made a part of this Agreement,
among the Redeveloper, the City, and the city assessor of the City, entered Into ' '
pursuant to Section 6.3 of this Agreement. . -
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"Bonds" means the bonds or other obligations to be Issued by the City to "
finance the public costs on the Redevelopment Property. The term "Bonds" shall .
also Include any bonds or obligations Issued to refund such Bonds.
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"Certificate of Completion" means the certification, In the form of the
certificate contained In Schedule D attached to and made a part of this
Agreement, provided to the Redeveloper, or the purchaser of any part, parcel or
unit of the Redevelopment Property, pursuant to Section 4.4 of this Agreement.
"City" means the City of Andover, Minnesota.
"Commencement of Construction" means initiating
implementation of the Construction Plans by the Redeveloper, as
registered architect.
the orderly
certified by a
"Construction Plans" means the plans, specifications, drawings and related
documents on the construction work to be performed by the Redeveloper on the
Redevelopment Property which (a) shall be as detailed as the plans, specifications,
drawings and related documents which are submitted to the building inspector of
the City, and (b) shall include at least the following for each building: (1) site plan;
(2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross
sections of each (length and width); (6) elevations (all sides, e~cept as to a side of
existing structure where no construction is to take place); (7) facade and landscape
plan; and (8) such other plans or supplements to the foregoing plans as the City may
reasonably request.
"County" means the County of Anoka, Minnesota.
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"Development District" means Development District No. 1 created by the
City pursuant to the Act and through the modification of the Program, dated
September 2, 1986.
"Event of Default" means an action by the Redeveloper described in Section
9.1 of this Agreement. .. .
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"Guaranty" means the guarantee required to be provided by Robert J.
Boisclair and William C. Rademacher pursuant to Section 6.5 of this Agreement.
"Holder" means the grantee under any Mortgage.
"Maturity Date" means the date when the principal of, premium (if any), and
interest on the Bonds are paid in full.
"Minimum Improvements" means construction of an approximately 105,000
square foot shopping mall by the Redeveloper on the Redevelopment Property.
"Minnesota Environmental Policy Act" means the statutes located at
Minnesota Statutes, Sections 116D.01 et seCl., as amended. , .
"Minnesota Environmental Rights Act" means the statutes located at
Minnesota Statutes, Sections 116B.01 !! seCl., as amended.
"Mortgage" means any mortgage made by the Redeveloper which is secured,
in whole or in part, with the Redevelopment Property and which is a permitted
encumbrance pursuant to the provisions of Article VIII of this Agreement.
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"Net Proceeds" means any proceeds paid by an insurer to the Redeveloper or
the City under a policy or policies of Insurance required to be provided and
maintained by the Redeveloper pursuant to Article V of this Agreement and
remaining after deducting all expenses (including fees and disbursements of
counsel) incurred in the collection of such proceeds.
"National Environmental Policy Act" means the federal law located at 42
U,S.C, SS 4331 et seCl., as amended.
"Note" means the $1,100,000 City of Andover, Minnesota Commercial
Development Revenue Note (Andover Limited Partnership Project) issued
December 23, 1982, to finance construction of the Minimum Improvements.
"Permitted Encumbrances" means the encumbrances described in Schedule E
of this Agreement.
"Plan" means collectively the tax increment financing plan and development
program adopted by the City in connection with the creation of the Tax Increment
District and the Development District,
"Proceeds" means the amount of money remaining Crom the issuance of the
Bonds less the cost of intersection improvements as described in Schedule F, legal
and other issuance costs and capitalized interest,
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"Program" means the Development Program adopted by the City In
connection with the creation of the Development District, as it may be amended
01' modified.
"Public Improvements" means the improvements to be constructed by the
Redeveloper and the City pursuant to Section 3.5 in connectlo~ :~itl1:1~he'1:'."'." l"'-:":"'"
development to be undertaken by the Redeveloper hereunder. .. ... .--... -,..-- --~-~-
"Redemption Date" means the earliest date on which any Bonds may be
redeemed and paid prior to full maturity.
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"Redeveloper" means Andover Limited Partnership, a Minnesota limited
partnership.
"Redevelopment Property" means the real property outlined on Schedule A .
of this Agreement, exclusive of any City streets. - ,
"Redevelopment Property Deed" means a quit claim deed, substantially in
the form of the deed in Schedule 8 of this Agreement, used to convey the
Redevelopment Property from the City to the R~ev~lo[)er. . . ,." _ ,',
"State" means the State of Minnesota.
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"Tax Increment" means that portion of. the real estate taxes paid with
respect to the Redevelopment Property which is remitted to the. City as.. tax . ,
increment pursuant to the Tax Increment Act. . '. ' , - -. - ..
"Tax Increment Act" means the Tax Increment Financing Act, Minnesota
Statutes, Sections 273.71-273.78, as amended.
"Tax Increment District" means the tax Increment financing district created I./""
by the Council in connection with the Development District.
"Tax Official" means any City 01' County assessor; County auditor; City,
County 01' State board of equalization, the commissioner of revenue of the State,
01' any State or federal district court, the tax court of the State, 01' the State
Supreme Court.
"Unavoidable Delays" means delays which are the direct result of strikes,
delays which are the direct result of unforseeable and unavoidable casualties to the
Minimum Improvements, the Public Improvements, the Redevelopment Property 01'
the equipment used to construct the Minimum Improvements 01' Public
Improvements, delays which are the direct result of governmental action, delays
which are the direct result of judicial action commenced by third parties, citizen
opposition or action affecting this Agreement or adverse weather conditions or
acts of God, or any other causes beyond the control of the City or Redeveloper, as
applicable.
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ARTICLE II
Representations and Warranties
Section 2.1 Representations by the Cltv. The City makes the following
representations as the basis for the undertaking on its part herein contained:
",,:j,~.~(..~:.< ;H::.i.. ~ (l,
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(a) The City is a municipal corporation duly organized and existing under'
the laws of the State. Under the provisions of the Act, the City has the power to ' .,.
enter into this Agreement and carry out its obligations hereunder.. "
(b) The City has created, adopted and approved the Development
District in accordance with the terms of the Act.
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(c) The City has created, adopted, certified, and approved the Tax.'
Increment District pursuant to the Tax Increment Act.
(d) The City proposes to acquire the Redevelopment Property from the
Redeveloper and to reconvey the Redevelopment Property to the Redeveloper for
uses in accordance with the Plan. ' . - ... , -
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(e) To finance the costs of the activities to be undertaken by the-
Redeveloper and the City, the City proposes to use the proceeds of Bonds to be
issued by the City and to pledge tax Increment generated by the Tax Increment
District to the payment of the costs specified in Schedule G.
(t) The City proposes to issue the Bonds within sixty (60) days after ., ,.
receiving the request of the Redeveloper for the issuance of the Bonds pursuant to
Section 2.2(g). The City represents that its commitment to issue the Bonds Is on a
best efforts basis contingent only uponjW'iFlu..:.ll.ble conditions which could make
issuance of the Bonds impossible.
(g) The City will cooperate with the Redeveloper with respect to any
litigation commenced by third parties in connection with this Agreement.
Section 2,2. Representations and Warranties by the Redeveloper. The
Redeveloper represents and warrants that:
(a) In the event the Redevelopment Property is conveyed to the Rede-
veloper, then the Redeveloper will construct the Public Improvements, as well as
construct, operate and maintain the Minimum Improvements in accordance with
the terms of this Agreement, the Plan and all local, state and federal laws and
regulations (including, but not limited to, environmental, zoning, building code and
public health laws and regulations), except for variances necessary to construct the
improvements contemplated in the Construction Plans approved by the City.
(b) The Minimum Improvements, as of the date of transfer of the
Redevelopment Property, will be an allowed use under the zoning ordinance of the
City,
, (c) At such time or times as will be required by law, the Redeveloper
/ will have complied with all applicable local, state and federal environmental laws
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and regulations, and will have obtained any and all necessary environmental
reviews, licenses or clearances under (and is in compliance with the requirements
of) the National Environmental Policy Act of 1969, the Minnesota Environmental
Policy Act, and the Critical Areas Act of 1973. As of the date of execution of this
Agreement, the Redeveloper has received no notice or communication from any
local, state or federal official that the activities of the Redeveloper or the City in '
the Development District may be or will be in violation of any environmental law
or regulation. As of the date of execution of nth is Agreement, the Redeveloper is
aware of no facts, the existence of which would cause it to be in violation of any
local, state or federal environmental law, regulation or review procedure or which
would give any person a valid claim under the Minnesota Environmental Rights Act.
The Redeveloper will indemnify and hold harmless the City from liability for any
hazardous wastes which may be present on the Redevelopment Property, as set
forth in Section 3.6 of this Agreement.
(e) The Redeveloper will use its best efforts to construct the Minimum
Improvements in accordance with all applicable local, state or federal energy--
conservation laws or regulations.
(0 The Redeveloper will use its best efforts to Obtain, in a timely,
manner, all required permits, licenses and approvals, and will, meet, in a timely ,
manner, all requirements of all applicable local, state and federal laws and
regulations which must be obtained or met before the Minimum Improvements may
be lawfully constructed.
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(g) The Redeveloper will use proceeds from the Note to finance the
initial construction. costs of the Public Improvements and Minimum Improvements.
The City upOn notice from the Redeveloper will issue Bonds within sixty days of
the notice. The Redeveloper will be able to draw upon the Proceeds once the
Note's proceeds are equivalent to 1096 of the Note's principal amount.
(h) The Redeveloper is a limited partnership, organized and existing
under the laws of the State and neither the execution and delivery of this
Agreement, the consummation of the transactions contemplated hereby, nor the
fulfillment of or compliance with the terms and conditions of this Agreement is
prevented, limited by or conflicts with or results in a breach of, the terms,
conditions or provisions of any evidences of indebtedness, agreement or instrument
of whatever nature to which the Redeveloper is now a party or by which it is
bound, or constitutes a default under any of the foregoing.
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ARTICLE III
Acquisition and Conveyance of Property
Section 3.1 Acquisition of Redevelopment Property. (a) The City shall, in
good faith, acquire title to and possession of the Redevelopment Property from the .l~'.;.<\ '<; '.
Redeveloper and convey title to and possession of the Redevelopment Property to'.
the Redeveloper pursuant to this Article III of this Agreement if the Redeveloper is
not then in -default under this Agreement, if all conditions to the City's
performance have been satisfied, and if the Redeveloper has acquired marketable,
title to the Redevelopment Property. Subject to the terms and conditons of .this .' .' '
Agreement the Redeveloper shall convey a leasehold interest in the Redevelopment
Property to the City prior to commencement of construction of the Public
Improvements.
(b) Subject to the terms and conditions of this Agreement the
Redeveloper shall convey title to and possession of the Redevelopment Property to
the City on a date after the closing date of the Bonds, mutually agreed to by the
City and the Redeveloper, prior to completion of the Public Improvements.
(c) The City shall have no obligation whatsoever to acquire the - , ,'.
Redevelopment Property until the Redeveloper has submitted to the City evidence. -
of financing for construction of the Minimum Improvements referred to in Section
7.1 hereof.
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(d) The price to be paid by the City to acquire the Redevelopment
Property from the Redeveloper shall be $450,000, payable upon request of the
Redeveloper pursuant to the procedure outlined In SectIon 2.2(g).
(e) The Redeveloper shall have access to the Redevelopment Property
during the period the City holds title to the Redevelopment Property.
Section 3.2. Conveyance of the Redevelopment Property. The City shall
reconvey title to and possession of the Redevelopment Property to the Redeveloper
under a deed (which deed shall be substantially in the form of the Redevelopment
Property Deed contained In Schedule B of this Agreement). The conveyance of
title to the Redevelopment Property pursuant to the Redevelopment Property Deed
and the Redeveloper's use of the Redevelopment Property shall be SUbject to all of
the conditions, covenants, restrictions and limitations imposed by the Plan, this
Agreement, and the Redevelopment Property Deed, and shall also be subject to
Permitted Encumbrances, and building and zoning laws and ordinances and all other
applicable local, state and federal laws and regulations.
Section 3.3. Time of Conveyance, (a) If no Event of Default has occurred
(or if an Event of Default has occurred but has been cured), the City shall execute
and deliver to the Redeveloper the Redevelopment Property Deed on the later of:
(I) ten (10) days after the date the Redeveloper has completed the Public
Improvements pursuant to Section 3,5; or (II) on such other date as the City and the
Redeveloper shall mutually agree in writing, The Redeveloper shall take possession
of the Redevelopment Property the day following execution and delivery of the
Redevelopment Property Deed by the City,
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Section 3.4. Title. (a) If any objection to the title held by the Redeveloper
is made by the City, S81d objections shall be accompanied by a written election of
one of the following: (n termination of this Agreement; or (if) a determination to
acquire title to and possession of the Redevelopment Property upon the assumption
by the Redeveloper of the obligation to pay the City's costs of taking any actions, '
permitted by law to cure the objection. If the City makes the election described in
Section 3.4(aXn of this Agreement, this Agreement shall terminate upon receipt of
such written election by the Redeveloper but only if all objections to the title are
objections which the City is permitted to make pursuant to this Agreement. If the
City makes the election described in Section 3.4(a)(ii) of this Agreement and. the ,,', 1/,'
Redeveloper assumes the financial obligations for conveying title, the risk that the
objection cannot be cured (or that title cannot be rendered marketable) shall be
entirely borne by the Redeveloper. No later than ten (10) days prior to the sale of
the Bonm, the Redeveloper will supply the City with evidence of title in the form ,
of either an abstract or registered property abstract. The City shall have ten (10) .
days from receipt to examine said evidence. If written notification to the contrary
is not received by the Redeveloper prior to the sale of the Bonds, the evidence
shall be deemed satisfactory.
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(b) Unless otherwise mutually agreed by the City and the Redeveloper, the
execution and delivery of all deeds and the payment of any purchase price shall be
made at the principal offices of the City. The price to be paid by the Redeveloper
tor the reconveyance of the Redevelopment Property by the City shall be one
dollar ($1.00).
(c) The Redevelopment Property Deed shall be in recordable form and shall,
be promptly recorded with the Assessment Agreement as required pursuant to
Minnesota Statutes, Section 273.76, Subdivision 8. The Redeveloper shall pay an,
costs for such recording.
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(b) The City shall voluntarily take no actions to encumber title to the
Redevelopment Property between the date the City acquires the Redevelopment
Property to the date on which the Redevelopment Property Deed is executed by
the City.
Section 3.5. Public Improvements. (a) The Redeveloper shall comr.' ~nce
the construction of the Public Improvements on behalf of the City within ten days
after commencement of construction of the Minimum Improvements as set forth in
Section 4.3. The Public Improvements shall consist of the site preparation
activities and other improvements described on the attached Schedule F. The
Public Improvements shall consist generally of the site preparation activities,
including grading, fill, drainage and soil tests; traffic engineering; curbs and
gutters; basic landscaping; street lighting; parking lot lighting; parking lot;
directional signage; fence; sidewalks; public toilets; fire protection; and exterior
building lighting; and shall be undertaken prior to the City's acquisition of
Redevelopment Property. Subject to Unavoidable Delays, the Redeveloper shall
use its best efforts to complete construction of the Public Improvements within
eighteen (18) months after commencement of such Public Improvements. The
project manager for the Minimum Improvements shall act as an unpaid consultant
to the City in constructing the Public Improvements. All public bidding
requirements shall be adhered to by the project manager, as if the Public
Improvements were being undertaken directly by the City.
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(b) In lieu of other forms of security which may reasonably be requested
by the City to secure the performance of the Redeveloper's obligations hereunder,
the City and the Redeveloper agree that the Redeveloper shall finance the initial
construction of the Public Improvements as described in Section 3.5(a). As a
condition to the obligation of the City to acquire the Redevelopment Property, the ,
Redeveloper shall irrevocably commit, to the satisfaction of the City, sufficient'
foods to pay the costs to be incurred in connection with the construction of the
Public Improvements. In the event that the Redeveloper is not then in default
under this Agreement, the City shall reimburse the Redeveloper upon request of
the RedeVeloper out of the proceeds of the Bonds for its costs incurred in
connection with the construction of the Public Improvements up to the amount of
$450,000 (this does not include the $450,000 received by the Redeveloper from the
City tor acquisition of the Redevelopment Property). In the event that the
Redeveloper is not then in default under this Agreement, and to the extent that
payments to the Redeveloper are cumulatively less than $450,000, the City shall
reimburse the RedeVeloper for such shortfall out of tax increment, as provided in
Section 6.1. In the event that this Agreement is terminated as a result of an Event
of Default, the City shall have no obligation to reimburse the Redeveloper for such.
costs.
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(c) The City shall have no liability to the Redeveloper or to third parties
resulting from any defect in the construction of the Public Improvements. The
Redeveloper shall, in connection with such construction, act as agent for the City
in coordinating and supervising the construction of the Public Improvements.
Subsequent to completion of the Public Improvements, the Redeveloper shall
maintain the Public Improvements in substantially the condition which existed at
the time of completion of construction. &1ch obligations shall continue until such
time as the Minimum Improvements are no longer used as a shopping mall facility.
The Redeveloper agrees to indemnify, defend, and hold harmless the City, its
officers, employees, and agents, from any and all claims or causes of action of
whatsoever nature arising out of, or purportedly arising out of, the use of the
Public Improvements, including but not limited to any alleged defect in the
construction of the Public Improvements.
Section 3.6. Hazardous Wastes. On the date of conveyance of the
Redevelopment Property from the RedeVeloper to the City, the City and the
Redeveloper agree to execute a document in recordable form containing the
following provisions:
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(a) Neither the City nor the Redeveloper is aware of any hazardous
wastes, chemicals, substances or other pollutants which are currently stored, kept
or located upon the Redevelopment Property;
(b) That the Redeveloper for itself, its successors and assigns, releases
and discharges forever the City and its officers, agents and employees from any
claim, or cause of action in law or in equity, including any claim or cause which
may hereafter be created, for property damage, personal injury or death arising out
of or occasioned by the presence or removal of any hazardous wastes, chemicals,
substances or other pollutants which may be located upon or under the
Redevelopment Property, except any such damage, injury or death caused by the
action of the City.
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ARTICLE IV
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Construction of Minimum Improvements
Section 4.1. Construction of Minimum Improvements. The Redeveloper ,", , ,\1""0,,
agrees that it will construct the Minimum Improvements on the Redevelopment' i":; .'."', ':.'
Property in accordance with the approved Construction Plans and at all times prior
to the Maturity Date will operate and maintain, preserve and keep the Minimum
Improvements or cause the Minimum Improvements to be maintained, preserved
and kept with the appurtenances and every part and parcel thereof, in good repair, ..1;."",
and condition.
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Section 4.2 Construction Plans. (a) Prior to the construction of the
Minimum Improvements on the Redevelopment Property the Redeveloper shall
have submitted to the City Construction Plans for the Minimum Improvements. < ."
The Construction Plans shall provide for the construction of the Minimum
Improvements and shall be in conformity with the Program, this Agreement, and all
applicable state and local laws and regulations. The City shall approve the:,
Construction Plans in writing if, in the sole discretion of the City: (a) the
Construction Plans conform to the terms and conditions of this Agreement; (b) the '>
Construction Plans conform to the goals and objectives of the Program; (c) the'
Construction Plans conform to all applicable federal, State and local laws,
Ordinances, rules and regulations; (d) the Construction Plans are adequate to
provide for the construction of the Minimum Improvements; and (e) the.
Construction Plans do not provide for expenditures in excess of the funds available
to the Redeveloper for the construction of the Minimum Improvements. No
approval by the City shall relieve the Redeveloper of the obligation to comply with "
the terms of this Agreement, the terms of the Program, applicable federal, state
and local laws, ordinances, rules and regulations, or to construct the Minimum
Improvements in accordance therewith. No approval by the City shall constitute a
waiver of an Event of Default. Such Construction Plans shall, in any event, be
deemed approved unless rejected in writing by the City, in whole or in part. Such
rejection shall set forth in detail the reasons therefor, and shall be made within
thirty (30) days after the date of their receipt by the City. If the City rejects the
Construction Plans in whole or in part, the Redeveloper shall submit new or
corrected Construction Plans within thirty (30) days after written notification to
the Redeveloper of the rejection. The provisions of this Section relating to
approval, rejection and resubmission of corrected Construction Plans shall continue
to apply until the Construction Plans have been approved by the City: Provided,
that in any event the Redeveloper shall submit Construction Plans which are
approved no later than the date of execution of the Redevelopment Property Deed
by the City. The City's approval shall not be unreasonably withheld. Said approval
shall constitute a conclusive determination that the Construction Plans (and the
Minimum Improvements, if constructed in accordance with said plans) comply to
the City's satisfaction with the provisions of this Agreement relating thereto, The
Construction Plans shall not be rejected due to any objection which could have
been raised upon review of the preliminary plans for the Minimum Improvements
and corrected more economically at that time.
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(b) If the Redeveloper desires to make any change in the Construction
Plans after their approval by the City, the Redeveloper shall submit the proposed
change to the City for its approval, If the Construction Plans, as modified by the
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proposed change, conform to the requirements of this Section 4.2 of this
Agreement with respect to such previously approved Construction Plans, the City
shall approve the proposed change and notify the Redeveloper in writing of Its
approval. Such change In the Construction Plans shall, In any event, be deemed
approved by the City unless rejected, in whole or in part, by written notice by the
City to the Redeveloper, setting forth in detail the reasons therefor. Such
rejection shall be made within ten (10) days after receipt of the notice of such
change.
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Section 4,3. Commencement and Completion of Construction. The
Redeveloper shall commence construction of the Minimum Improvements by
November 15, 1986, SUbject to Unavoidable Delays and lease-up provisions required
by the loan documents for the Issuance of the Note, whereby construction shall not
commence until the Redeveloper has executed leases with tenants who will operate
a supermarket, a hardware store and a drug store, as well as additional leases for
3596 of the remaining rentable space within the facility. All work with respect to
the Minimum Improvements to be constructed or provided by the Redeveloper on
the Redevelopment Property shall be in conformity with the Construction Plans as
submitted by the. Redeveloper and approved by the City.
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The Redeveloper agrees for itself, its successors and assigns, and every
successor In interest to the Redevelopment Property, or any part thereof, and the
Redevelopment Property Deed shall contain covenants on the part of the Redevel-
oper for itself and such successors and assigns, that the Redeveloper, and such
successors and assigns, shall promptly begin and diligently prosecute to completion
the redevelopment of the Redevelopment Property through the construction of the
Minimum Improvements thereon. It is intended and agreed, and the Redevelopment
Property Deed shall so expressly provide, that such agreements and covenants shall
be covenants running with the land and that they shall, in any event, and without
regard to technical classification or designation, legal or otherwise, and except
only as otherwise specifically provided In the Agreement itself, be, to the fullest
extent permitted by law and equity, binding for the benefit of the City and
enforceable by the City against the Redeveloper and its successors and assigns.
Subsequent to conveyance of the Redevelopment Property, or any part thereof, to
the Redeveloper, and until construction of the Minimum Improvements has been
completed, the Redeveloper shall make reports, in such detail and at such times as
may reasonably be requested by the City, as to the actual progress of the
Redeveloper with respect to such construction.
Section 4.4. Certificate of Completion. (a) Promptly after completion of
the Minimum Improvements in accordance with those provisions of the Agreement
relating solely to the obligations of the Redeveloper to construct the Minimum
Improvements, the City will furnish the Redeveloper with an appropriate
instrument so certifying. Such certification by the City shall be (and it shall be so
provided in the Redevelopment Property Deed and in the certification itself) a
conclusive determination of satisfaction and termination of the agreements and
covenants in the Agreement and in the Redevelopment Property Deed with respect
to the obligations of the Redeveloper, and its successors and assigns, to construct
the relevant portion of the Minimum Improvements. Such certification and such
determination shall not constitute evidence of compliance with or satisfaction of
any obligation of the Redeveloper to any Holder of a Mortgage, or any insurer of a
Mortgage, securing money loaned to finance the Minimum Improvements, or any
part thereof,
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(b) The certificate provided for in this Section 4.4 of this Agreement
shall be in such form as will enable it to be recorded in the proper office for the
recordation of deeds and other instruments pertaining to the Redevelopment
Property. If the City shall refuse or fail to provide any certification in accordance
with the provisions of this Section 4.4 of this Agreement, the City shall, within
thirty (30) days after written request by the Redeveloper, provide the Redeveloper ','"
with a written statement, indicating in adequate detail in what respects the .
Redeveloper has failed to complete the Minimum Improvements in accordance with
the provisions of the Agreement, or is otherwise in default, and what measures or
acts it will be necessary, in the opinion of the City, for the Redeveloper to take or
perform in order to obtain such certification.
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(c) The construction of the Minimum Improvements shall be deemed to
be completed when such Minimum Improvements are SUbstantially completed, as
determined by the issuance of a certificate of occupancy.
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ARTICLE V
Insurance
Section 5.1. Insurance. (a) The Redeveloper will provide and maintain at all :
,times during the process of constructing the Minimum Improvements and, from '
time to time at the request of the City, furnish the City with proof of payment of
premiums on:
(i) Builder's risk insurance, written on the so-called "Builder's
Risk -- Completed Value Basis," in al1 amount equal to one hundred percent
(10096) of the insurable value of the Minimum Improvements at the date of
completion, and with coverage available in nonreporting form on the so-
called "all risk" form of policy. The interest of the City shall be protected
in accordance with a clause in form and content satisfactory to the City.
(ii) Comprehensive general liability insurance (including opera-
tions, contingent liability, operations of subcontractors, completed opera-
tions and contractual liability insurance) together with an Owner's Con-
tractor's Policy with limits against bodily injury and property damage of not '.,.,
less than $1,000,000 for each occurrence (to accomplish the above-required
limits, an umbrella excess liability policy may be used).
(iii) Worker's compensation insurance, with statutory coverage.
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The policies of insurance required pursuant to clauses (i) and (il) above shall be in
form and content satisfactory to the City and shall be piaced with financially sound.
and reputable insurers licensed to transact business in the State. The policy of
insurance delivered pursuant to clause (i) above shall contain an agreement of the
insurer to give not less than thirty (30) days' advance written notice to the City in
the event of cancellation of such policy or change affecting the coverage
thereunder,
(b) Upon completion of construction of the Minimum Improvements and
prior to the Maturity Date, the Redeveloper shall maintain, or cause to be
maintained, at its cost and expense, and from time to time at the request of the
City shall furnish proof of the payment of premiums on, insurance as follows:
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(i) Insurance against loss and/or damage to the Minimum
Improvements under a policy or policies covering such risks as are ordinarily
insured against by similar businesses, including (without limiting the
generality of the foregoing) fire, extended coverage, vandalism and
malicious mischief, boiler explosion, water damage, demolition cost, debris
removal, collapse and flood in an amount not less than the full insurable
replacement value of the Minimum Improvements, but any such policy may
have a deductible amount of not more than $5,000, No policy of insurance
shall be so written that the proceeds thereof will produce less than the
minimum coverage required by the preceding sentence, by reason of co-
insurance provisions or otherwise, without the prior consent thereto in
writing by the City, The term "full insurable replacement value" shall mean
the actual replacement cost of the Minimum Improvements (excluding
foundation and excavation costs and costs of underground flues, pipes, drains
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and other uninsurable items) and equipment, and shall be determined from
time to time at the request of the City, but not more frequently than once
every three years, by an insurance consultant or insurer, selected and paid
for by the Redeveloper and approved by the City. All policies evidencing
insurance required by this subparagraph 0) with respect to the Minimum
Improvements shall be carried in the names of the Redeveloper and the City,,;. ,"," ,- d"
as their respective interests may appear and shall contain standard clauses
which provide for Net Proceeds of insurance resulting from claims per
casualty thereunder to the Minimum Improvements which are equal to or
less than $6,000,000 for loss or damage covered thereby to be made payable
directly to the Redeveloper, and Net Proceeds from such claims in excess of
$6,000,000 to be made payable directly to the City. The City and the
Redeveloper shall jointly agree on the amount of settlement.
(il) Comprehensive general public liability insurance, including
personal injury liability (with employee exclusion deleted), and automobile
insurance, including owned, non-owned and hired automobiles, against lia-
bility for injuries to persons and/or property, in the minimum amount for
each occurrence and for each year of $1,000,000, for public liability not
arising from ownership or operation of automobiles (or other motor vehi-
cles), and in the minimum amount of $1,000,000 for each occurrence and for -
each year for liability arising out of ownership or operation of automobiles
(or ott.er motor vehicles) and shall be endorsed to show the City as
additional insured.
(Iii) Such other insurance, including worker's compensation insur-
ance respecting all employees of the Redeveloper engaged in work with
respect to the construction of the Minimum improvements, in such amount
as is customarily carried by like organizations engaged in like activities of
comparable size and liability exposure; provided that the Redeveloper may
be self-insured with respect to all or any part of its liability for worker's
compensation.
(c) All insurance required In Article V of this Agreement shall be taken out
and maintained in responsible insurance companies selected by the Redeveloper
which are authorized under the laws of the State to assume the risks covered
thereby. The Redeveloper will deposit annually with the City policies evidencing
all such insurance, or a certificate or certificates or binders of the respective
insurers stating that such insurance is in force and effect. Unless otherwise
provided in this Article V of this Agreement each policy shall contain a provision
that the insurer shall not cancel nor modify it without giving written notice to the
Redeveloper and the City at least thirty (30) days before the cancellation or
modification becomes effective, Not less than fifteen (15) days prior to the
expiration of any policy, the Redeveloper shall furnish the City evidence
satisfactory to the City that the policy has been renewed or replaced by another
policy conforming to the provisions of this Article V of this Agreement, or that
there is no necessity therefor under the terms hereof, In lieu of separate policies,
the Redeveloper may maintain a single policy, blanket or umbrella policies, or a
combination thereof, having the coverage required herein, in 'Nhich event the
Redeveloper shall deposit with the City a certificate or certificates of the
respective insurers as to the amount of coverage in force upon the Minimum
Improvements,
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(d) The Redeveloper agrees to notify the City immediately in the case of
damage exceeding $600,000 in amount to, or destruction of, the Minimum
Improvements or any portion thereof resulting from fire or other casualty. In the
event that any such damage does not exceed $6,000,000, the Redeveloper will
forthwith repair, reconstruct and restore the Minimum Improvements to substan-
tially the same or an improved condition or value as it existed prior to the event
causing such damage and, to the extent necessary to' accomplish such repair,.
reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any
insurance relating to such damage received by the Redeveloper to the payment or
reimbursement of the costs thereof. Net Proceeds of any insurance relating to
such damage up to $6,000,000 shall be paid directly to the Redeveloper.
In the event the Minimum Improvements or any portion thereof is destroyed
by fire or other casualty and the damage or destruction is estimated to equal or
exceed $6,000,000, then the Redeveloper shall within one hundred and twenty (120)
days after such damage or destruction, proceed forthwith to repair, reconstruct '.
and restore the damaged Minimum Improvements to substantially the same
condition or utility value as it existed prior to the event causing such damage or
destruction and, to the extent necessary to accomplish such repair, reconstruction
and restoration, the Redeveloper will apply the Net Proceeds of any insurance
relating to such damage or destruction received by the Redeveloper from the City ,.
to the payment or reimbursement of the costs thereof. Any Net Proceeds
remaining after completion of construction shall ba disbursed to the Redeveloper.
(e) [f the Redeveloper is in compliance with the terms and conditions of
the Program, this Agreement and the Redevelopment Property Deed, then any Net
Proceeds of insurance relating to such damage or destruction received by the City
shall be released from time to time by the City to the Redeveloper upon the ".
receipt of:
(1) A certificate of an authorized representative of the Rede- ,
veloper specifying the expenditures made or to be made or the indebtedness
incurred in connection with such repair, reconstruction and restoration and.
stating that such Net Proceeds, together with any other moneys legally
available for such purposes, will be sufficient to complete such repair,
construction and restoration; and
(2) If Net Proceeds equal or exceed $6,000,000 in amount, the
written approval of such certificate by an independent engineer,
The Redeveloper shall complete the repair, reconstruction and restoration of the
Minimum Improvements, whether or not the Net Proceeds of insurance received by
the Redeveloper for such purposes are sufficient to pay for the same. Any Net
Proceeds remaining after completion of such repairs, construction and restoration
shall be remitted to the Redeveloper.
(f) All rights of the City under this Article V with respect to the receipt
and application of the Net Proceeds of insurance shall be SUbject and subordinate
to the rights and requirements of any Holder of any Mortgage approved pursuant to
Article VII of this Agreement.
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ARTICLE VI
Tax Increment
Section 6.1. Tax Increment Certification. On or before the date of issuance :-'
of the Bonds, the City shall have established a tax increment district within the"
Development District and shall- request that the county auditor of the County
certify the Assessed Market Value of the Redevelopment Property pursuant to
Minnesota Statutes, Section 273.76. The City shall pledge and appropriate the tax
increment generated by such real property (i) first, to the payment of principal of,
premium, if any, and interest on the Bonds due in any year until the Maturity Date
in an amount which provides an annual debt service coverage on the Bonds of 10596;
on second, to the payment of various administrative fees in the amount, of
$6,000.00 per year; and (Hi) third, any annual increment remaining, after required
debt service coverage is met and the loan repayment current to date as provided in
Section 6.4 is completed, to the Redeveloper to reimburse the Redeveloper the
difference between Proceeds and $900,000, provided the Redeveloper is not in
default under this Agreement.
Section 6.2. Real Property Taxes. (a) The Redeveloper 'shall pay all real
property taxes payable with respect to the Redevelopment Property subsequent to
execution of the' Redevelopment Property Deed.
(b) The Redeveloper agrees that prior to the Maturity Date it will not take
any of the following actions to the extent that such actions would result in a
reduction in the taxes generated from the Redevelopment Property: (l) it will not
seek administrative review 01' judicial review of the applicability of any tax statute
determined by any Tax Official to be applicable to the Project 01' the Redeveloper
or raise the inapplicability of any such tax statute as a defense in any proceedings,
including delinquent tax proceedings; (2) it will not seek administrative review 01'
judicial review of the constitutionality of any tax statute determined by any Tax
Official to be applicable to the Project 01' the Redeveloper 01' raise the unconstitu-
tionality of any such tax statute as a defense in any proceedings, including
delinquent tax proceedings; (3) it will not cause a reduction in the real property
taxes paid in respect of the Redevelopment Property below the amount sufficient
to pay the principal and interest due on the Bonds through: (A) willful destruction
of the Redevelopment Property or any part thereof; (B) willful refl.5al to
reconstruct damaged or destroyed property pursuant to Section 5.1 of this
Agreement; (C) a request to the city assessor of the City or the county assessor of
the County to reduce the Assessed Market Value of all or any portion of the
Redevelopment Property; (D) a petition to the board of equalization of the City or
the board of equalization of the County to reduce the Assessed Market Value of all
or any portion of the Redevelopment Property; (E) a petition to the board of
equalization of the State or the commissioner of revenue of the State to reduce the
Assessed Market Value of all or any portion of the Redevelopment Property; (F) an
action in a District Court of the State or the Tax Court of the State pursuant to
Minnesota Statutes, Chapter 278, or any similar State or federal law, seeking a
reduction in the Assessed Market Value of the Redevelopment Property; (G) an
application to the commissioner of revenue of the State requesting an abatement
of real property taxes pursuant to Minnesota Statutes, Chapter 270, or any similar
State or federal law; and (H) any other proceedings, whether administrative, legal
or equitable, with any administrative body within the City, the County, or the
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State or with any court of the State or the federal government. The Redeveloper
shall not, prior to the Maturity Date, apply for a deferral of property tax on the
Redevelopment Property pursuant to Minnesota Statutes, Section 273.86, or any
similar law.
Section 6.3. Assessment Agreement. Prior to execution and delivery of the
Redevelopment Property Deed pursuant to Article ill of this Agreement, the
Redeveloper and the City shall execute the Assessment Agreement, substantially in
the form of the Assessment Agreement contained in Schedule C of this Agreement.
The Assessment Agreement shall provide that the Minimum Market Value of the
Minimum Improvements shall be equal to the percentage completed of the
Minimum Improvements on January 1 following the start of const.ruction, based on
a market value for the Minimum Improvements of $2,626,535, and $3,502,046,
representing the completed market value of the Minimum Improvements, each year
thereafter until the Maturity Date.
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Section 6.4. Loan Amount and R~yment Schedule. The Redeveloper shall 7'
repay the City a portion of the Proce provided through the Issuance of the ./ 3" F tv C:".d' ~
Bonds. The portion to be repaid by the Redeveloper shall be equivalent to an ..//..':i/' . -)
amount equal to 3296 of the Proceeds provided by the City. The Redeveloper shall7~, ~7';~~' '
repay the amount calculated pIts a rate of interest equal to 5.596 per annum in 180 -: ' .
or less monthly repayments. The first monthly repayment shall be due on or before
September 1, 1989 and the last repayment shall be due on or before August 1, 2004-
The repayment schedule is Schedule G.
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Section 6.5. Guaranty. Robert J. Boisclair and William C. Rademacher (the
."Parties") shall personally be responsible to pay to the City in any year during the
term of the Bonds an amount of any deficiency as determined by the City. For the
purposes of this section a deficiency is the difference between the costs identified
in Section 6.10) and (ii) and the amount of tax increments e !
8/tl nl"lIJl~ M tlCJ.Y tin:: ,-:u.,t~ i- C!^<rtiwa G 1 (i) 1lR4 ~::~ -- ..u,." tile of loan ~, 'l l~. .
repayments as provided for in Section 6.4. If the City determines that a deficien I ;~, 1/ '>--
wID occur, the City must notify the Parties in writing of the amount needed to pa ~
in that year the costs identified in Section 6.1(i) and (ii). If the Redeveloper doe~______
not make a scheduled loan repayment or the loan repayment is only a portion of thE! -' , ~
scheduled loan repayment, as provided for in Section 6.4., the City must notify the :...2/" /'
parties in writing of the amount of loan repayment due. Within 30 days of written /. t
notice from the City, the Parties shall pay to the City the amount specified. The' ~
obligation of the Parties to make the payments as p.-ovided in this Section shall b~ I .- /
a joint and several obligation of each Party and an absolute and unconditional; - '-
irrespective of any defense or any rights of setoff, recoupment or counterclaim it\. r'.
might otherwise have against the City or any other government body or other \... '
person. The Parties wID not fail to make any required payments for any cause or
circumstances whatsoever, including any change in law, or any other event, even if
beyond the control of the Parties.
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All appropriate and applicable financial statements and records (the
"financial documents") of the Parties shall be confidentially reviewed by an
independent certified public accounting firm (the "CPA Firm") chosen by the City.
Said review of the financial documents wID occur prior to the sale of the Bonds
and, unless the Parties and the City receive written notification from the CPA
Firm within thirty (30) days of submission of said financial documents to the
contrary, said financial documents shall be deemed to be satisfactory upon
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recommendation and approval of the CPA Firm. If, within thirty (30) days of
submission of said financial documents, the Parties and the City receive written
notification that said financial documents are not satisfactory, the Parties will be
responsible to re-submit satisfactory financial documents to the CPA Firm for its
review and approval. The financial documents mlBt be deemed approved by the
CPA Firm prior to the sale of the BonQJ. The financial documents shall be
confidential between the Parties and the CPA Firm.
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The Parties wID present to the City on the date of closing for the Bonds a
letter of credit for $150,000, effective until receipt by the City of the first tax
Increment on the Redevelopment Property. The City wID provide the funds to pay .
the fee for the letter of credit out of Bond proceeds. .
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ARTICLE VII
Financinll
Section 7.1. Financinll. Prior to the City's acquisition of the
Redevelopment Property, the Redeveloper shall submit to the City evidence of a
commitment for financing sufficient for construction of the Minimum ,:
Improvements (taking into account equity monies that will be provided by the
Redeveloper). If the City finds that the financing is sufficiently committed,
adequate in amount to provide for the construction of the Minimum Improvements,
and ,contains other terms and conditions which are not inconsistent with the
objectives and needs of the City, then the City shall notify the Redeveloper in
writing of Its approval. Such approval shall not be unreasonably withheld and
either approval or rejection shall be given within thirty (30) days from the date
when the City is provided the evidence of such financing. If the City rejects the
evidence of financing as inadequate, it shall do so in writing specifying the basis
for the rejection. In any event the Redeveloper shall submit adequate evidence of
financing within thirty (30) days after such rejection.
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Section 7.2. Limitation Upon Encumbrance of Property. Prior to the
completion of the Minimum Improvements, as certified by the City, neither the
Redeveloper nor any successor in interest to the Redevelopment Property or any
part thereof shall engage in any financing or any other transaction creating any
mortgage or other encumbrance or lien upon the Redevelopment Property, whether
by express agreement or operation of law, or suffer any encumbrance or lien to be
made on or attach to the Redevelopment Property, except: (a) for the purposes of
obtaining funds only to the extent necessary for making the Minimum Improve-
ments (inclUding, but not limited to, land and building acquisition, including the
purchase price paid for the Redevelopment Property, labor and materials, pro-
fessional fees, real estate taxes, construction interest, organizational and other
indirect costs of development, costs of constructing the Minimum Improvements,
and an allowance for contingencies), and (b) only upon the prior written approval of
the City. For the purposes of such financing as may be made pursuant to the
Agreement, the Redevelopment Property may, at the option of the Redeveloper (or
successor in interest), be divided into several parts or parcels, provided that such
subdivision, in the opinion of the City, is not inconsistent with the purposes of the
Program and this Agreement and is approved in writing by the City. The City shall
not approve any Mortgage which does not contain terms that conform to the terms
of Section 7,6 of this Agreement.
Section 7,3, Approval of Mortllalle. The City shall approve a Mortgage if:
(a) the City first receives a copy of all mortgage documents; (b) the City
determines, in its reasonable discretion, that the mortgagee is a responsible lender
capable of and authorized to make the mortgage loan; (c) the City determines, in
its reasonable discretion, that the mortgage loan, together with other funds
available to the Redeveloper, will be sufficient to construct the Minimum
Improvements; (d) the City determines, in its reasonable discretion, that no Event
of Default has occurred; and (e) the City determines, in its reasonable discretion,
that the terms of the Mortgage conform to the terms of Section 7,6 of this
Agreement, The approval of the City shall not be unreasonably withheld,
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Section 7,4. Copy of Notice of Default to Mortllag-ee, Whenever the City
shall deliver any notice or demand to the Redeveloper with respect to any breach
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or default by the Redeveloper in its obligations or covenants under the Agreement,
the City shall at the same time forward a copy of such notice or demand to each
Holder of any Mortgage authorized by the Agreement at the last address of such
Holder shown in the records of the City.
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Section 1,5. Mortlralree's Option to Cure Defaults. After any breach or
default referred to in Section 1.4 hereof, each such Holder shall (insofar as the
rights of the City are concerned) have the right, at its option, to cure or remedy
such breach or default (or such breach or default to the extent that it relates to
the part of the Redevelopment Property covered by its mortgage) and to add the
cost thereof to the Mortgage debt and the lien of its Mortgage: Provided, That if
the breach or default is with respect to construction of the Minimum
Improvements, nothing contained in this Section or any other Section of this
Agreement shall be deemed to permit or authorize such Holder, either before or
after foreclosure or action in -lieu thereof, to undertake or continue the construc-
tion or completion of the Minimum Improvements (beyond the extent necessary to
conserve or protect Minimum Improvements or construction already made) without
first having expressly assumed the obligation to the City, by written agreement
satisfactory to the City, to complete, In the manner provided in the Agreement,
the Minimum Improvements on the Redevelopment Property or the part thereof to
which the lien or title of such Holder relates. Any such Holder who shall properly
complete the Minimum Improvements relating to the Redevelopment Property or
applicable part thereof shall be entitled, upon written request made to the City, to
a certification by the City to such effect in the manner provided in Section 4,4 of
this Agreement, and any such certification shall, if so requested by such Holder,
mean and provide that any remedies or rights with respect to recapture of or
reversion or revesting of title to the Redevelopment Property that the City shall
have or be entitled to because of failure of the Redeveloper or any successor in
interest to the Redevelopment Property, or any part thereof, to cure or remedy
any default with respect to the construction of the Minimum Improvements on
other parts or parcels of the Redevelopment Property, or because of any other
default In or breach of the Agreement by the Redeveloper or such successor, shall
not apply to the part or parcel of the Redevelopment Property to which such
certification relates.
Section 1,6. City's Option to Cure Default on Mortlralre. In the event that
the Redeveloper is in default under any Mortgage authorized pursuant to this
Article VII of this Agreement, the mortgagee, within ten (10) days after it or any
of its agents or employees become aware of any such default and prior to
exercising any remedy available to it due to such default, shall notify the City in
writing of: (a) the fact of the default; (b) the elements of the default; and (c) the
actions required to cure the default. If, within thirty (30) days after receipt of said
notice, the City cures any monetary defaults under the Mortgage and commences
the actions necessary to cure any other default (and cures the other default within
six (6) months after receipt of said notice), then the mortgagee shall pursue none of
its remedies und!'r the Mortgage based upon the said default of the Redeveloper,
In the event of a transfer of the title to the Redevelopment Property to the City,
or a third party approved by the City, whether or not required to cure a default
under the Mortgage, said transfer shall not constitute an event of default under the
Mortgage unless the security of the mortgagee has, in fact, been impaired by said
transfer, In the event of said tran~fer (which does not impair the security of the
mortgagee), the mortgagee shall permit the transferee to assume all outstanding
obligations (and receive all remaining disbursements) under the Mortgage and theg
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loan secured by the Mortgage. The City may modify any of the terms or
requirements of this Section 7.6 by agreement with the mortgagee of any Mortgage
without the approval or consent of the Redeveloper.
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ARTICLE VIII
Prohibitions Against Assip;nment and Transfer
Section 8.1. Representation as to Redevelopment. The Redeveloper repre-
sents and agrees that its purchase of the Redevelopment Property, and its other
undertakings pursuant to the Agreement, are, and will be used, for the purpose of
redevelopment of the Redevelopment ~ Property and not for speculation in land
holding. The Redeveloper further recognizes that, in view of (a) the importance of
the redevelopment of the Redevelopment Property to the general welfare of the
City; (b) the substantial financing and other public aids that have been made
available by the City for the purpose of making such redevelopment possible; and
(c) the fact that any act or transaction involving or resulting in a significant
change in the identity of the parties In control of the Redeveloper or the degree of
their control is for practical purposes a transfer or disposition of the property then
owned by the Redeveloper, the qualifications and identity of the Redeveloper are
of particular concern to the City. The Redeveloper further recognizes that it is
because of such qualifications and identity that the City is entering into the
Agreement with the Redeveloper, and, in so doing, is further willing to accept and
rely on the obligations of the Redeveloper for the faithful performance of all
undertakings and covenants hereby by It to be performed. '
Section 8.2. Prohibition Against Transfer of Property and Assip;nment of
Aln'eement. Also, for the foregoing reasons the Redeveloper represents and agrees
that:
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(a) Except only by way of security for:, and only for, the purpose of
obtaining financing necessary to enable the Redeveloper or any successor in
interest to the Redevelopment Property, or any part thereof, to perform its
obligations with respect to making the Minimum Improvements under the Agree-
ment, and only if such financing has been approved by the City, the Redeveloper
(except as so authorized) has not made or created, and will not make or create, or
suffer to be made or created, any total or partial sale, a, 'gnment, conveyance, or
lease (except for leases with tenant users to take effect upon completion of the
demised premises), or any trust or power, or transfer in any other mode or form of
or with respect to the Agreement or the Redevelopment Property or any part
thereof or any interest therein, or any contract or agreement to do any of the
same, without the prior written approval of the City, which approval shall not be
unreasonably delayed or withheld. .
(b) The City shall be entitled to require as conditions to any such approval
that: (I) Any proposed transferee shall have the qualifications and financial
responsibility, as determined by the City, necessary and adequate to fulfill the
obligations undertaken in the Agreement by the Redeveloper (or, in the event the
transfer is of or relates to part of the Redevelopment Property, such Obligations to
the extent that they relate to such part), (Ii) Any proposed transferee, by
instrument in writing satisfactory to the City and in form recordable among the
land records, shall, for itself and its successors and assigns, and expressly for the
benefit of the City, have expressly assumed all of the obligations of the
Redeveloper under the Agreement and agreed to be subject to all the conditions
and restrictions to which the Redeveloper is subject (or, in the event the transfer is
of or relates to part of the Redevelopment Property, such obligations, conditions,
and restrictions to the extent that they relate to such part) even if the
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Redeveloper agrees to continue to fulfill those obligations: Provided, That the fact
that any transferee of, or any other successor in interest whatsoever to, the
Redevelopment Property, or any part thereof, shall, for whatever the reason, not
have assumed such obligations or so agreed, shall not (unless and only to the extent
otherwise specifically provided in the Agreement or agreed to in writing by the
City) relieve or except such transferee or successor of or from said obligations,
conditions, or restrictions, or deprive or limit the City of or with respect to any
- rights or remedies or controls with respect to the Redevelopment Property or the
construction of the Minimum Improvements; it being the intent of this, together
with other provisions of the Agreement, that (to the fullest extent permitted by
law and equity and excepting only in the manner and to the extent specifically
. provided otherwise in the Agreement) no transfer of, or change with respect to,
ownership in the Redevelopment Property or any part thereof, or any interest
therein, however consummated or occurring, and whether voluntary or involuntary,
shall operate, legally or practically, to deprive or limit the City of or with respect
to any rights or remedies or controls provided in or resulting from the Agreement
with respect to the Redevelopment Property and the construction of the Minimum
Improvements that the City would have had, had there been no such transfer or
change. (Hi) There shall be submitted to the City for review all instruments and
other legal documents Involved In effecting transfer; and if approved by the City,
its approval shall be indicated to the Redeveloper in writing.
In the absence of specific written agreement by the City to the contrary, .10
such transfer or approval by the City thereof shall be deemed to relieve the
Redeveloper, or any other party bound in any way by the Agreement or otherwise
with respect to the construction of the Minimum Improvements, from any of its
obligations with respect thereto.
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ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined. The following shall be "Events of
Default" under this Agreement and the term "Event of Default" shall mean,
whenever it is used in this Agreement (unless the context otherwise provides), any
one or more of the following events: p- ---..- --
(a) Failure by either party to pay when due any payments or to provide any
funds required to be paid or provided under this Agreement.
(b) Failure by the Redeveloper to provide and maintain any insurance
required to be provided and maintained by Section 5.1 of this Agreement or failure
by the Redeveloper to reconstruct the Minimum Improvements when required
pursuant to Section 5.1 of this Agreement.
(c) Failure by the Redeveloper to submit a commitment for financing to
the City in a timely manner pursuant to the terms and conditions of Section 7.1 of
this Agreement.
(d) Failure of the Redeveloper to submit satisfactory Construction Plans in
accordance with Section 4.2 of this Agreement.
(e) Failure by the Redeveloper to commence and complete construction of
the Minimum Improvements pursuant to the terms, conditions and limitations of
Article IV of this Agreement.
(0 Failure by either party to substantially observe or perform any covenant,
condition, obligation- or agreement on its part to be observed or performed
hereunder.
(g) The Holder of any Mortgage exercises any remedy provided by the
Mortgage documents or exercises any remedy provided by law or equity in the
event of a default in any of the terms or conditions of the Mortgage.
Section 9,2, Remedies on Default, Whenever any Event of Default referred
to in Section 9,1 of this Agreement occurs, the non-defaulting party may take any
one or more of the following actions after providing thirty days written notice to
the defaulting party of the Event of Default, but only if the Event of Default has
not been cured within said thirty days:
(a) Suspend its performance under the Agreement until it receives assur-
ances from the defaulting party, deemed adequate by the other party, that the
defaulting party will cure its default and continue its performance under the
Agreement.
(b) Terminate the Agreement.
(c) Withhold the Certificate of Completion,
(d) Withhold the Net Proceeds from the insurance policies provided to the
City pursuant to Section 5,1 of this Agreement in accordance with the terms of the
policies,
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(e) Take whatever action, including legal, equitable or administrative
action, which may appear necessary or desirable to the non-defaulting pare.,
including any actions to collect any payments due or damages incurred under this
Agreement, or to enforce performance and observance of any obligation,
agreement, or covenant of the Redeveloper under this Agreement.
Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or
reserved to the City is intended to be exclusive of any other available remedy or
remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity or by statute. No delay or omission to exercise any
right or power accruing upon any default shall impair any such right or power or
shall be construed to be a waiver thereot, but any such right and power may be
exercised trom time to time and as otten as may be deemed expedient. In order to
entitle the City or the Redeveloper to exercise any remedy reserved to it, it shall
not be necessary to give notice, other than such notice as may be required in this
Article IX.
Section 9.4. No Additional Waiver Implied bv One Waiver. In the event any
agreement contained in this Agreement should be breached by either party and
thereafter waived by the other party, such waiver shall be limited to the particular
breach so waived and shall not be deemed to waive any other concurrent, previous
or subsequent breach h~reunder.
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ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; City Representatives Not Individually
Liable. No member, official, or employee of the City shall have any personal
interest, direct or indirect, in the Agreement, nor shall any such member, official,
. - or employee participate in any decision relating to the Agreement which affects
his personal interests or the interests of any corporation, partnership, or
association in which he is, directly or indirectly, interested. No member, official,
or employee of the City shall be personally liable to the Redeveloper, or any
successor in interest, in the event of any default or breach by the City or for any
amount which may become due to the Redeveloper or successor or on any
obligations under the terms of the Agreement, except in the case of willful
misconduct. .
Section 10.2. EQual Emplovment Opportunity. The Redeveloper, for itself
and its successors and assigns, agrees that during the construction of the Minimum
Improvements pr,ovided for in the Agreement that it will comply with all applicable
equal employment opportunity and non-discrimination laws, ordinances and
regulations.
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Section 10.3. Restrictions on Use. The Redevelopo:!r agrees for itself, and
its successors and assigns, and every successor in interest to the Redevelopment
Property, or any part thereof, that the Redeveloper, and such successors and
assigns, shall devote the Redevelopment Property to, and only to and in accordance
with, the uses specified in the Program and this Agreement and shall not
discriminate upon the basis of race, color, creed, sex or national origin in the sale,
lease, or rental or in the use or occupancy of the Redevelopment Property or any
improvements erected or to be erected thereon, or any part thereof.
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Section 10.4. Provisions Not Mer~ed With Deed. None of the provisions of
this Agreement are intended to or shall be merged by reason of any deed
transferring any interest in the Redevelopment Property and any such deed shall
not be deemed to affect or impair the provisions and covenants of this Agreement.
Section 10,5. Titles of Articles and Sections. Any titles of the several
parts, Articles, and Sections of the Agreement are inserted for convenience of
reference only and shall be disregarded in construing or interpreting any of its
provisions.
Section 10,6. Notices and Demands. Except as otherwise expressly provided
in this Agreement, a notice, demand, or other communication under the Agreement
by either party to the other shall be sufficiently given or delivered if it is
dispatched by registered or certified mail, postage prepaid, return receipt re-
quested, or delivered personally; and
(a) in the case of the Redeveloper, is addressed to or delivered
personally to the Redeveloper at One Main Street, S,E" Suite 600, Minneapolis,
Minnesota 55414; and
(b) in the case of the City, is addressed to or delivered personally to the
I City at City Hall, 1685 Crosstown Boulevard, N, W" Andover, Minnesota 55304;
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or at such other address' with respect to either such party as that party may, from
time to time, designate in writing and forward to the other as provided in this
Section.
Section 10.7. Counterparts. This Agreement is executed in any number of
counterparts, each of which shall constitute one and the same instrument.
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ARTICLE XI
Termination of Aln'eement
Section 11.1. Termination of Aln'eement. This Agreement may be
terminated by either party if the Redeveloper fails to obtain financing for
construction of the Minimum Improvements. Termination of the Agreement for
such cause may be effected by either party by the delivery of ten (10) days written
notice to the other party of such party's intention to terminate.
Section 11.2. Failure to Commence Construction. If Commencement of
Construction does not occur by May 1, 1987, this Agreement shall be deemed
terminated. The Redeveloper shall have the right on or before May 1, 1987 to
request the City for a waiver ot termination.
Section 11.3. Effect ot Termination. Upon a termination of this Agreement
pursuant to this Article XI, this Agreement shall be null and void and neither party
shall have any further obligations or liabilities hereunder.
IN WITNESS WHEREOF, the City has caused this Agreement to be duly
executed in its name and behalf and its seal to be hereunto duly affixed and the
Redeveloper has caused this Agreement to be duly executed in its name and behalf
0'1 or as ot the date first above written.
THE CITY OF ANDOVER, MINNESOTA
By
Its Mayor
And by
Its City Administrator
ANDOVER LIMITED PARTNERSHIP
By Andover Partners, a Joint Venture
Its General Partner
By The Boisclair Corporation
By
Its
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This instrument was drafted by:
HOLMES at GRAVEN, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
And by William C. Rademacher at Associates
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SCHEDULE A
[Description of Redevelopment Property]
That part" of Lots 1 and 2, Block 3, ANDOVER COMMUNITY SHOPPING
CENTER, according to the plat on file In the office of the County Recorder,
Anoka County, Minnesota, lying Westerly of the most Easterly 210,00 feet of
said Lot 2, Block 3 and lying Southerly of the following described line:
Commencing at the Northeast comer of said Lot 1, Block 3; thence South,
assumed bearing, along the East line thereof 450,46 feet to the point of
beginning of the line to be described; thence South 51 degrees 25 minutes 23
seconds West 129.99 feet; thence North 89 degrees 49 minutes 12 seconds
West 166.00 feet to a point In the West line of said Lot I and said line there
terminating.
Contains 10.673 acres more or less.
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SCHEDULE B
QUIT CLAIM DEED
THIS INDENTURE, between the City of Andover, Minnesota, a municipal
corporation (the "Grantor"), and Andover Limited Partnership, a Minnesota limited
partnership (the "Grantee").
WITNESSETH, that Grantor, in consideration of the sum of One Dollar
($1.00) the receipt whereof is hereby acknowledged, does hereby grant, bargain,
quitclaim and convey to the Grantee, its s.uccessors and assigns forever, all the
tract or parcel of land lying and being in the County of Anoka and State of
Minnesota described as follows, to-wit (such tract or parcel of land is hereinafter
referred to as the "Property"): '
LEGAL DESCRIPTION
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That part of Lots 1 and 2, Block 3, ANDOVER COMMUNITY SHOPPING
CENTER, according to the plat on tile in the ottice of the County Recorder,
Anoka County, Minnesota, lying Westerly of the most Easterly 210.00 feet of
said Lot 2, Block 3 and lying Southerly of the following described line:
Commencing at the Northeast corner of said Lot 1, Block 3; thence South,
assumed bearing, along the East line thereof 450.46 feet to the point of
beginning of the line to be described; thence South 51 degrees 25 minutes 23
seconds West 129.99 feet; thence North 89 degrees 49 minutes 12 seconds
West 166.00 feet to a point in the West line of said Lot 1 and said line there
terminating.
Contains 10.673 acres more or less.
To have and to hold the same, together with all the hereditaments and
appurtenances thereunto belonging in anywise appertaining, to the said Grantee, its
successors and assigns, forever,
Provided:
. SECTION 1.
it is understood and agreed that this Deed is subject to the covenants,
conditions, restrictions and provisions of an agreement entered into between the
Grantor and Grantee on the day of , 198_, identified as
"Contract for Private Redevelopment" (hereafter referred to as the "Agreement")
and that the Grantee shall not convey this Property, or any part thereof, without
the consent of the Grantor until a certificate of completion releasing the Grantee
from certain obligations of said Agreement as to this Property or such part thereof
then to be conveyed, has been placed of record. This provision, however, shall in
no way prevent the Grantee from mortgaging this Property in order to obtain funds
for the purchase of the Property hereby conveyed and for erecting improvements
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thereon in conformity with the Agreement, any applicable redevelopment plan and
applicable provisions of the zoning ordinance of the City of Andover, Minnesota.
It is specifically agreed that the Grantee shall promptly begin and diligently
prosecute to completion the redevelopment of the Property through the construc-
tion of the improvements thereon, as provided in the Agreement.
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Promptly after completion of the Improvements In accordance with the
provisions of the Agreement, the Grantor will furnish the Grantee with an
appropriate Instrument so certifying. Such certification by the Grantor shall be
(and It shall be so provided in the certification Itself) a conclusive determination of
satisfaction and termination of the agreements and covenants of the Agreement
and of this Deed with respect to the obligation of the Grantee, and its successors
and assigns, to construct the improvements and the dates for the beginning and
completion thereof. Such certification and such determination shall not constitute
evidence of compliance with or satisfaction of any obligation of the Grantee to any
holder of a mortgage, or any Insurer of a mortgage, securing money loaned to
finance the purcahse of the Property hereby conveyed or the improvements, or any
part thereof.
. All certifications provided for herein shall be in such form as will enable ."
them to be recorded with the County Record.er, or Registrar of Titles, Anoka
County, Minnesota. If the Grantor shall refuse or fail to provide any such
certification in accordance with the provisions of the Agreement and this Deed,
the Grantor shall, within thirty (30) days after written request by the Grantee,
provide the Grantee with a written statement indicating In adequate detail in what
respects the Grantee has failed to complete the improvements in accordance with
the provisions of the Agreement or is otherwise in default, and what measures or
acts it will be necessary, in the opinion of the Grantor, for the Grantee to take or
perform in order to obtain such certification.
SECTION 2.
The Grantee agrees for itself and its successors and assigns to or of the
Property or any part tpereof, hereinbefore described, that the Grantee and such
successors and assigns shall:
(a) Devote the Property to, and only to and in accordance with
the uses specified in any applicable redevelopment plan as amended and
extended;
(b) Not discriminate on the basis of race, color, creed, national
origin, or sex in the sale, lease, rental, or in the use or occupancy of the
Property or any improvements erected or to be erected thereon, or any part
thereof;
(C!) Not cause the Property to be removed from the public tax
rolls or to become exempt from assessment for general real estate taxes by
reason of any conveyance, lease, abatement, or other action so long as tax
increment generated by the Property is pledged to the payment of the
principal of and interest due on outstanding bonds or other obligations;
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(d) Not apply for or seek through administrative or judicial
proceedings a reduction in real property taxes but only if such reduction
would reduce taxes to an amount below the amount needed to pay the
principal and interest due on the bonds or other obligations for which tax
increment generated by the Property is pledged; and
(e) Comply with the provisions of Sections 5.1, 6.2, and 6.4 of the
Agreement relating to insurance coverage, the payment of real property
taxes and repayment of the loan.
It is intended and agreed that the above and foregoing agreements and
covenants shall be covenants running with the land, and that they shall, in any
event, and without regard to technical classification or designation, legal or
otherwise, and except only as otherwise specifically provided in this Deed, be
binding, to the fullest extent permitted by law and equity for the benefit and in
favor of, and enforceable by, the Grantor against the Grantee, its successors and
assigns, and every successor in interest to the Property, or any part thereof or any
interest therein, and any party in possession or occupancy of the Property or any
part thereof.
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In amplification, and not in restriction of, the provisions of the preceding
section, it is intended and agreed that the Grantor shall be deemed beneficiaries of
the agreements and covenants provided herein, both for and in its ONn right, and
also for the purposes of protecting the interest of the community. and the other
parites, public or private, in whose favor or for whose benefit these agreements
and covenants have been provided. Such agreements and covenants shall run in
favor of the Grantor without reagrd to whether the Grantor has at any time been,
remains, or is an owner of any land or interest therein to, or in favor of, which such
agreements and covenants relate. The Grantor shall have the right, in the event of
any breach of any such agreement or covenant to exercise all the rights and
remedies, and to maintain any actions or suits at law or in euqity or other proper
proceedings to enforce the curing of such breach of agreement or covenant, to
which it or any other beneficiaries of such agreement or covenant may be entitled;
provided, however, Grantee's personal obligations hereunder shall terminate 20
years from the date of this Deed.
SECTION 3.
This Deed is also given subject to:
(a) Covenants, conditions and restrictions contained in the
Development Program for Development District No.1, as amended as of the
date of the Agreement.
(b) Provision of the ordinances, building and zoning laws of the
City of Andover, state and federal laws and regulations in so far as they
affect this real estate.
(c) Taxes payable subsequent to the date of this conveyance,
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IN WITNESS WHEREOF, the Grantor has
executed in its behalf by its and
its corporate seal to be hereunto affixed this
caused this Deed to be duly
and has caused
day of , 19_,
THE CITY OF ANDOVER, MINNESOTA
By
Its
By
Its
STATE OF MINNESOTA
COUNTY OF ANOKA
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On this day of , 19 , before me, a notary public
within and for Anoka County, personally appeared and
to me personally known who by me duly sworn, did say
that they are the and of The City of
Andover (the "City") named in the foregoing instrument; that the seal affixed to
said instrument is the seal of said City; that said instrument was signed and sealed
on behalf of said City pursuant to a resolution of its Council; and said
_ and acknowledged said instrument to
be the free act and deed of said City.
Notary Public
This instrument was drafted by:
Holmes &: Graven, Chartered,
470 Pillsbury Center,
Minneapolis, Minnesota 55402.
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SCHEDULE C
ASSESSMENT AGREEMENT
and
ASSESSOR'S CERTIFICATION
By and among
THE CITY OF ANDOVER, MINNESOTA,
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ANDOVER LIMITED PARTNERSHIP
and
COUNTY ASSESSOR OF THE COUNTY OF ANOn
This Document was drafted by:
HOLMES clc GRAVEN, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
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ASSESSMENT AGREEMENT
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THIS AGREEMENT, made on or as of the day of ,
, and among The City of Andover, Minnesota, a municipal corporation
(the "City"), Andover Limited Partnership, a Minnesota limited partnership (the
"Redeveloper"), and the County Assessor of the County of Anoka (the" Assessor").
WITNESSETH, that
WHEREAS, on or before the date hereof the City and Redeveloper have
entered into a Contract for Private Redevelopment (the "Redevelopment
Contract") regarding certain real property located in the City of Andover, pursuant
to which the City is to acquire certain property, hereinafter referred to as the
"Redevelopment Property" and legally described in Exhibit A hereto and convey
said Redevelopment Property to the Redeveloper; and
WHEREAS, it is contemplated that pursuant to said Redevelopment
Contract the Redeveloper will construct an approximately 105,000 square foot
shopping mall upon the Redevelopment Property (the "Minimum Improvements");
and
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WHEREAS, the City and Redeveloper dElSire to establish a minimum market
value for said Redevelopment Property and the Minimum Improvements to be
constructed thereon, pursuant to Minnesota Statutes, Section 273.76, SUbdivision 8;
and
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WHEREAS, the City and the Assessor have reviewed the construction plans
and specifications for the Minimum Improvements which it is contemplated will be
erected;
NOW, THEREFORE, the parties to this Agreement, in consideration of the
promises, covenants and agreements made by each to the other, do hereby agree as
follows:
1. The mlmmum market value which shall be assessed for the
Redevelopment Property described in Exhibit A, for ad valorem tax purposes, shall
be the percentage completed of the Minimum Improvements on the January 1
following the start of construction, based on a market value for the Minimum
Improvements of $2,626,535, and $3,502,046, representing the completed market
value of the Minimum Improvements, each January 1 thereafter. The City shall
certify to the Assessor the date construction begins and the percentage completed
before such January 1.
2. The minimum market value herein established shall be of no further
force and effect and this Agreement shall terminate on the date when the tax
increment bonds issued by the City and referred to in the Redevelopment Contract
as the Bonds have been paid in full and retired.
The events referred to in Sections 2(a) and 2(b) of this Agreement shall be
evidenced by a certificate or a.ffidavit executed by the City.
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3. This Agreement shall be promptly recorded by the Redeveloper with
a copy of Minnesota Statutes, Section 273.76, Subdivision 8, set forth in Exhibit B
hereto. The Redeveloper shall pay all costs of recording.
4. Neither the preambles nor provisions of this Agreement are intended
to, nor shall they be construed as, modifying the terms of the Redevelopment
Contract between the City and the Redeveloper.
5. This Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties.
6. Each of the parties has authority to enter into this Agreement and to
take all actions required of it, and has taken all actions necessary to authorize the
execution and delivery of this Agreement.
7. In the event any provision of this Agreement shall be held invalid and
unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
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8. The parties hereto agree that they will, from time to time, execute,
acknowledge and deliver, or cause to be executed, acknowledged and delivered,
such supplements, amendments and modifications hereto, and such further
instruments as may reasonably be required for correcting any inadequate, or
incorrect, or amended description of the Redevelopment Property or the Minimum;
Improvements, or for carrying out the expressed intention of this Agreement,
inclUding, without limitation, any further instruments required to delete from the
description of the Redevelopment Property such part or parts as may be included
within a separate assessment agreement.
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9. Except as provided in Section 8 of this Agreement, this Agreement
may not be amended nor any of its terms modified except by a writing authorized
and executed by all parties hereto.
10. This Agreement may be simultaneously executed in several
counterparts, each of which shall be an original .and all of which shall constitute
but one and the same instrument.
11. This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota.
THE CITY OF ANDOVER, MINNESOTA
By
Its
By
Its
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ANDOVER LIMITED PARTNERSHIP
By Andover Partners, a Joint Venture
Its General Partner
By The Boisclair Corporation
By
Its
Andby WilliamC.RademacherclcAssociates
By
Its
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CERTIFICATION BY COUNTY ASSESSOR
The undersigned, having reviewed the plans and specifications for the
improvements to be constructed and the market value assigned to the land upon
which the improvements are to be constructed, and being of the opinion that the
minimum market value contained in the foregoing Agreement appears reasonable,
hereby certifies as follows: The undersigned Assessor, being legally responsible for
the assessment of the above described property, hereby certifies that the market
value assigned to such land and improvements shall not be less than
Two Million Six Hundred Twenty-Six Thousand Five Hundred Thirty-Five and
no/lOO Dollars ($2,626,535.00), effective the January 1 following the date
construction begins of the Minimum Improvements and not less than Three Million
Five Hundred Two Thousand Forty-Six and no/lOO ($3,502,046.00), effective
January 1 thereafter until termination of this Agreement.
County Assessor for the County
of Anoka
STATE OF MINNESOTA
)
)SS
)
COUNTY OF ANOKA
The foregoing instrument
, 19_, by
County of Anoka.
was acknowledged before me this _ day of
, the County Assessor of the
Notary Public
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EXHIBIT A
Legal Description of Land
That part of Lots 1 and 2, Block 3, ANDOVER COMMUNITY SHOPPING
CENTER, according to the plat on file in the office of the County Recorder,
Anoka County, Minnesota, lying Westerly of the most Easterly 210.00 feet of
said Lot 2, Block 3 and lying Southerly of the following described line:
Commencing at the Northeast corner of said Lot 1, Block 3; thence South,
assumed bearing, along the East line thereof 450.46 feet to the point of
beginning of the line to be described; thence South 51 degrees 25 minutes 23
seconds West 129.99 feet; thence North 89 degrees 49 minutes 12 seconds
West 166.00 feet to a point In the West line of said Lot 1 and said line there
terminating.
Contains 10.673 acres more or less.
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EXHIBIT B
Section 273.76, Subd. 8. Assessment agreements. An authority may, upon
entering into a development or redevelopment agreement pursuant to section
273.75, subdivision 5, enter Into a written assessment agreement in recordable
form with the developer or redeveloper of property within the tax increment
financing district which establishes a minimum market value of the land and
completed improvements to be constructed thereon until a specified termination
date, which date shall be not later than the date upon which tax increment will no
longer be remitted to the authority pursuant to section 273.75, subdivision 1. The
assessment agreement shall be presented to the county assessor, or city assessor
having the powers of the county assessor, of the jurisdiction in which the tax
increment financing district is located. The assessor shall review the plans and
specifications for the improvements to be constructed, review the market value
previously assigned to the land upon which the improvements are to be constructed
and, so long as the minimum market value contained in the assessment agreement
appears, in the judgment of the assessor, to be a reasonable estimate, shall execute
the following certification upon such agreement:
The undersigned assessor, being legally responsible for the assessment
of the above-described property upon completion of the improve-
ments to be constructed thereon, hereby certifies that the market
value assigned to such land and improvements upon completion shall
not be less than $
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Upon transfer of title of the land to be developed or redeveloped from the
authority to the developer or redeveloper, such assessment agreement, together
with a copy of this subdivision, shall be filed for record and recorded in the office
of the county recorder or filed In the office of the registrar of titles of the county
where the real estate or any part thereof is situated. Upon completion of the
. improvements by the developer or redeveloper, the assessor shall value the
property pursuant to Section 273.11, except that the market value assigned thereto
shall not be less than the minimum market value contained in the assessment
agreement. Nothing herein shall limit the discretion of the assessor to assign a
market value to the property in excess of the minimum market value contained in
the assessment agreement nor prohibit the developer or redeveloper from seeking,
through the exercise of administrative and legal remedies, a reduction in market
value for property tax purposes; provided, however, that the developer or redevel-
oper shall not seek, nor shall the city assessor, the county assessor, the county
auditor, any board of review, any board of equalization, the commissioner of
revenue or any court of this state grant a reduction of the market value below the
minimum market value contained in the assessment agreement during the term of
the agreement filed of record regardless of actual market'values which may result
from incomplete construction of improvements, destruction or diminution by any
cause, insured or uninsured, except in the case of acquisition or reacquisition of the
property by a public entity. Recording or filing of an assessment agreement
complying with the terms of this subdivision shall constitute notice of the
agreement to any subsequent purchaser or encumbrancer of the land or any part
thereof, whether voluntary or involuntary, and shall be binding upon them.
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SCHEDULE D
CERTIFICATE OF COMPLETION AND RELEASE OF FORPElTURE
WHEREAS, The City of Andover, Minnesota, a municipal corporation (the
"Grantor"), by a Deed recorded in the Office of the County Recorder or the
Registrar of Titles in and for the County of Anoka and State of Minnesota, as Deed
Document Number(s) and , respectively, has conveyed to
Andover Limited Partnership, a Minnesota limited partnership (the "Grantee"), the
following described land in County of Anoka and State of Minnesota, to-wit:
That part of Lots 1 and 2, Block 3, ANDOVER COMMUNITY SHOPPING
CENTER, according to the plat on file in the office of the County Recorder,
Anoka County, Minnesota, lying Westerly of the most Easterly 210.00 feet of
said Lot 2, Block 3 and lying Southerly of the following described line:
Commencing at the Northeast corner of said Lot 1, Block 3; thence South,
assumed bearing, along the East line thereof 450.46 feet to the point of
beginning of the line to be described; thence South 51 degrees 25 minutes 23
seconds West 129.99 feet; thence North 89 degrees 49 minutes 12 seconds
West 166.00 feet to a point in the West line of said Lot 1 and said line there
terminating.
Contains 10.673 acres more or less.
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and
WHEREAS, said Deed contained certain covenants and restrictions, the
breach of which by Grantee, its successors and assigns, would result in a forfeiture
and right of re-entry by Grantor, its successors and assigns, said covenants and
restrictions being set forth in Sections 1 and 2 of said Deed; and
WHEREAS, said Grantee has performed said covenants and conditions
insofar as it is able in a manner deemed sufficient by the Grantor to permit the
execution and recording of this certification;
NOW, THEREFORE, this is to certify that all building construction and
other physical improvements specified to be done and made by the Grantee have
been completed and the above covenants and conditions in said Deed have been
performed by the Grantee therein and that the provisions for forfeiture of title and
right to re-entry for breach of condition subsequent by the Grantor therein is
hereby released absolutely and forever insofar as it applies to the land described
herein, and the County Recorder or the Registrar of Titles in and for the County of
Anoka and State of Minnesota is hereby authorized to accept for recording and to
record, the filing of this instrument, to be a conclusive determination of the
satisfactory termination of the covenants and conditions of the contract referred
to in said Deed, the breach of which would result in a forfeiture and right of re-
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entry, but the covenants created by Section 3 of said Deed shall remain in full
force and effect.
Dated:
,19_.
(SEAL)
STATE OF MINNESOTA
COUNTY OF ANOKA
THE CITY OF
ANDOVER, MINNESOTA
By
Its
By
Its
)
) ss.
)
On this day of , 19 , before me, a Notary Public
within and for said County, personally appearecr- , to me
personally known, who, being by me duly sworn, did say that (s)he Is the
of the City named in the foregoing instrument; that
the seal affixed to said instrument is the seal of said City; that said instrument was
signed and sealed In behalf of said City by authority of its Council; and said
acknowledged said instrument to tre the free act and deed
of said City.
STATE OF MINNESOTA
COUNTY OF ANOKA
Notary Public
)
) ss.
)
On this day of , 19_, before me, a Notary Public
within and for said County, personally appeared , to me
personally known, who, being by me duly sworn, did say that (s)he is the
of the City named in the foregoing instrument; that the
seal affixed to said instrument is the seal of said City; that said instrument was
signed and sealed in behalf of said City by authority of its Council; and said
acknowledged said instrument to be the free act and deed
of sllJd City.
Notary Public
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SCHEDULE E
Permitted Encumbrances
The following shall be permitted encumbrances on the title to the
Redevelopment Property:
(a) such encumbrances as are mutually agreed to in writing by the City
and the Redeveloper;
(b) any encumbrances or defects in the title not of record not known to
the Redeveloper, but known to the Redeveloper on a date twenty (20) days from
the date of City's receipt of a commitment for title insurance for the
Redevelopment Property;
(c) governmental regulations, if any, affecting the use and occupancy of
the Redevelopment Property and Minimum Improvements;
(d) zoning laws of the City, County, and State;
(e) all rights in public highways upon the land;
(f) reservations to the State, in trust for the taxing districts concerned,
of minerals and mineral rights in those portions of the Redevelopment Pro!?erty the
title to which may have at any time heretofore been forfeited to the State for
nonpayment of real estate taxes;
(g) the lien,of unpaid special assessments, if any, not presently payable
but to be paid as a part of the annual taxes to become due; and
(h) the lien of unpaid real estate taxes, if any, not presently payable but
to be paid as a part of the annual taxes to become due.
(i) the Combination Mortgage, Security Agreement and Fixture
Financing Statement by Andover Limited partnershi[) and First National Bank of
Minneapolis, dated December 23, 1982.
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SCHEDULE F
Public Improvements
Public Improvements Include, but are not limited to:
Grading, Fill, Drainage
Traffic Engineering
Curbs clc Gutters
Basic Landscaping
Street Lighting
Parking Lot Lighting
Parking Lot
Directional Signage
Fence
Soil Tests
Mall Area
Sidewalks
Public Toilets
Sprinkler System
Exterior Building Lighting
Site Utilities
Public Improvements also include intersection improvements (signal light) in
the amount of $65,000.
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SCHEDULE G
Repayment Schedule
The Redeveloper is responsible for paying the City thirty-two (3296) percent
of the proceeds ol the Bond sale, received by the Redeveloper over a term of
fifteen (15) years at Five and one-hall (5-1/296) percent interest per annum.
Exhibit I (attached) reflects thirty-two (3296) percent of an anticipated $900,000 in
proceeds or $288,000 at 5-1/296 interest amortized over 15 years or 180 monthly
payments. The first monthly payment will be due on September 1, 1989 with the
final payment due August 1, 2004. If the Redeveloper does, in fact, receive less
than the anticipated $900,000 in proceeds, Exhibit F will be amended to reflect
change in proceeds.
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Miller and Schroeder Financial, Inc. Mortgage Table EXHIBIT 1
City of Andover, Minnesota - Boisclair Shopping Center
Enter the following items:
Amount Borrowed 288000
Annual Percentage Rate 5.500%
Number of Periods 180
( Monthly Percentage Rate .0045833333 Periodic Payment 2,353.20
â–º rrarrraarrrraaraaaarrrrrraaaawaaaaaarrrrrarrrrrrrarraraarrrrrrrrrrrrrra
Principal Principal Interest Principal
Period Interest Repayment Outstanding To Date To Date
288,000.00
1 1,320.00 1,033.20 286,966.80 1,320.00 1,033.20
2 1,315.26 1,037.94 285,928.86 2,635.26 2,071.14
3 1,310.51 1,042.69 284,886.17 3,945.77 3,113.83
4 1,305.73 1,047.47 283,838.70 5,231.50 4,161.30
5 1,300.93 1,052.27 282,786.43 6,552.43 5,213.57
6 1,296.10 1,057.10 281,729.33 7,848.53 6,270.67
7 1,291.26 1,061.94 280,667.39 9,139.79 7,332.61
8 1,286.39 1,066.81 279,600.58 10,426.18 8,399.42
9 1,281.50 1,071.70 278,528.88 11,707.69 9,471.12
10 1,276.59 1,076.61 277,452.27 12,984.28 10,547.73
11 1,271.66 1,081.54 276,370.73 14,255.93 11,629.27
12 1,266.70 1,086.50 275,284.23 15,522.63 12,713.77
13 1,261.72 1,091.48 274,192.75 16,784.35 13,807.25
14 1,256.72 1,096.48 273,096.26 18,041.07 14,903.74
15 1,251.69 1,101.51 271,994.75 19,292.76 16,005.25
16 1,246.64 1,106.56 270,888.20 20,539.40 17,111.80
17 1,241.57 1,111.63 269,776.57 21,780.97 18,223.43
18 1,236.48 1,116.72 268,659.84 23,017.45 19,340.16
19 1,231.36 1,121.84 267,538.00 24,248.81 20,462.00
20 1,226.22 1,126.98 266,ill.02 25,475.02 21,588.98
21 1,221.05 1,132.15 265,278.87 26,696.07 22,721.13
22 1,215.86 1,137.34 264,141.53 27,911.93 23,858.47
23 1,210.65 1,142.55 262,998.98 29,122.58 25,001.02
24 1,205.41 1,147.79 261,851.19 30,328.00 26,148.81
25 1,200.15 1,153.05 260,698.14 31,528.15 27,301.86
26 1,194.87 1,158.33 259,539.80 32,723.01 28,460.20
27 1,189.56 1,163.64 258,376.16 33,912.57 29,623.84
28 1,184.22 1,168.98 257,207.18 35,096.79 30,792.82
29 1,178.87 1,174.33 256,032.85 36,275.66 31,967.13
30 1,173.48 1,179.72 254,853.13 37,449.14 33,146.87
31 1,168.08 1,185.12 253,668.01 38,617.22 34,331.99
32 1,162.65 1,190.56 252,477.46 39,779.87 35,522.54
33 1,157.19 1,196.01 251,281.44 40,937.05 36,718.56
34 1,151.71 1,201.49 250,079.95 42,088.76 37,920.05
35 1,146.20 1,207.00 248,872.95 43,234.96 39,127.05
36 1,140.67 1,212.53 247,660.42 44,375.63 40,339.58
37 1,135.11 1,218.09 246,442.33 45,510.74 41,557.67
38 1,129.53 1,223.67 245,218.65 46,640.27 42,781.35
39 1,123.92 1,229.28 243,989.37 47,764.19 44,010.63
40 1,118.28 1,234.92 242,754.46 48,882.47 45,245.54
41 1,112.62 1,240.58 241,513.88 49,995.09 46,486.12
42 1,106.94 1,246.26 240,267.62 51,102.03 47,732.38
43 1,101.23 1,251.97 239,015.64 52,203.26 48,984.36
44 1,095.49 1,257.71 237,757.93 53,298.75 50,242.07
45 1,089.72 1,263.48 236,494.46 54,388.47 51,505.54
46 1,083.93 1,269.27 235,225.19 55,472.40 52,774.81
47 1,078.12 1,275.08 233,950.10 56,550.52 54,049.90
48 1,072.27 1,280.93 232,669.17 57,622.79 55,330.83
49 1,066.40 1,286.80 231,382.37 58,689.19 56,617.63
50 1,060.50 1,292.70 230,089.68 59,749.69 57,910.32
51 1,054.58 1,298.62 228,791.05 60,804.27 59,208.95
52 1,048.63 1,304.57 227,486.48 61,852.90 60,513.52
53 1,042.65 1,310.55 226,175.93 62,895.54 61,824.07
54 1,036.64 1,316.56 224,859.37 63,932.18 63,140.63
55 1,030.61 1,322.59 223,536.77 64,962.79 64,463.23
56 1,024.54 1,328.66 222,208.11 65,987.33 65,791.89
57 1,018.45 1,334.75 220,873.37 67,005.79 67,126.63
58 1,012.34 1,340.86 219,532.50 68,018.12 68,467.50
59 1,006.19 1,347.01 218,185.49 69,024.31 69,814.51
60 1,000.02 1,353.18 216,832.31 70,024.33 71,167.69
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<,' 61 993.81 1,359.39 215,472.92 71,018.15 72,527.08
62 987.58 1,365.62 214,107.31 72,005.73 73,892.69
63 981.33 1,371.88 212,735.43 72,987.05 75,264.57
64 975.04 1,378.16 211,357.27 73,962.09 76,642.73
65 968.72 1,384.48 209,972.79 74,930.81 78,027.21
( 66 962.38 1,390.83 208,581.97 75,893.19 79,418.03
67 956.00 1,397.20 207,184.77 76,849.19 80,815.23
68 949.60 1,403.60 205,781.16 77,798.79 82,218.84
69 943.16 1,410.04 204,371.13 78,741.95 83,628.87
70 936.70 1,416.50 202,954.63 79,678.65 85,045.37
71 930.21 1,422.99 201,531.63 80,608.86 86,468.37
72 923.69 1,429.51 200,102.12 81,532.55 87,897.88
73 917.13 1,436.07 198,666.05 82,449.68 89,333.95
74 910.55 1,442.65 197,223.41 83,360.23 90,776.59
75 903.94 1,449.26 195,774.15 84,264.17 92,225.85
76 897.30 1,455.90 194,318.25 85,161.47 93,681.75
77 890.63 1,462.58 192,855.67 86,052.10 95,144.33
78 883.92 1,469.28 191,386.39 86,936.02 96,613.61
79 877.19 1,476.01 189,910.38 87,813.21 98,089.62
80 870.42 1,482.78 188,427.60 88,683.63 99,572.40
81 863.63 1,489.57 186,938.03 89,547.26 101,061.97
82 856.80 1,496.40 185,441.63 90,404.06 102,558.37
83 849.94 1,503.26 183,938.37 91,254.00 104,061.63
84 843.05 1,510.15 182,428.22 92,097.05 105,571.78
85 836.13 1,517.07 180,911.15 92,933.18 107,088.85
86 829.18 1,524.02 179,387.12 93,762.35 108,612.88
87 822.19 1,531.01 177,856.11 94,584.54 110,143.89
88 815.17 1,538.03 176,318.09 95,399.72 111,681.91
89 808.12 1,545.08 174,773.01 96,207.84 113,226.99
90 801.04 1,552.16 173,220.85 97,008.88 114,779.15
91 793.93 1,559.27 171,661.58 97,802.81 116,338.42
92 786.78 1,566.42 170,095.16 98,589.60 117,904.84
93 779.60 1,573.60 168,521.57 99,369.20 ~19,478.43
94 772.39 1,580.81 166,940.76 100,141.59 "121,059.24
95 765.15 1,588.06 165,352.70 100,906.73 122,647.30
96 757.87 1,595.33 163,757.37 101,664.60 124,242.63
97 750.55 1,602.65 162,154.72 102,415.16 125,845.28
98 743.21 1,609.99 160,544.73 103,158.36 127,455.27
99 735.83 1,617.37 158,927.36 103,894.19 129,072.64
100 728.42 1,624.78 157,302.58 104,622.61 130,697.42
(; 101 720.97 1,632.23 155,670.35 105,343.58 132,329.65
102 713.49 1,639.71 154,030.64 106,057.07 133,969.36
, 103 705.97 1,647.23 152,383.41 106,763.04 135,616.59
104 698.42 1,654.78 150,728.63 107,461.47 137,271.37
105 690.84 1,662.36 149,066.27 108,152.31 138,933.73
106 683.22 1,669.98 147,396.29 108,835.53 140,603.71
107 675.57 1,677.63 145,718.66 109,511.09 142,281.34
108 667.88 1,685.32 144,033.33 110,178.97 143,966.67
109 660.15 1,693.05 142,340.29 110,839.12 145,659.71
110 652.39 1,700.81 140,639.48 111,491.52 147,360.52
111 644.60 1,708.60 138,930.88 112,136.12 149,069.12
112 636.77 1,716.43 137,214.44 112,772.88 150,785.56
113 628.90 1,724.30 135,490.14 113,401. 78 152,509.86
114 621.00 1,732.20 133,757.94 114,022.78 154,242.06
115 613.06 1,740.14 132,017.79 114,635.83' 155,982.21
116 605.08 1,748.12 130,269.68 115,240.92 157,730.32
117 597.07 1,756.13 128,513.54 115,837.99 159,486.46
118 589.02 1,764.18 126,749.37 116,427.01 161,250.63
119 580.93 1,772.27 124,977.10 117,007.94 163,022.90
120 572.81 1,780.39 123,196.71 117,580.75 164,803.29
121 564.65 1,788.55 121,408.16 118,145.40 166,591.84
122 556.45 1,796.75 119,611.42 118,701.86 168,388.58
123 548.22 1,804.98 117,806.43 119,250.08 170,193.57
124 539.95 1,813.25 115,993.18 119,790.02 172,006.82
125 531.64 1,821.56 114,171.62 120,321.66 173,828.38
126 523.29 1,829.91 112,341.70 120,844.95 175,658.30
127 514.90 1,838.30 110,503.40 121,359.84 177,496.60
128 506.47 1,846.73 108,656.67 121,866.32 179,343.33
129 498.01 1,855.19 106,801.48 122,364.3: 181,198.52
130 489.51 1,863.69 104,937.79 122.853.84 183,062.21
131 480.96 1,872.24 103,065.55 123,334.80 184,934.45
132 472.38 1,880.82 101,184.74 123,807.18 186,815.26
133 463.76 1,889.44 99,295.30 124.270.95 188,704.70
134 455.10 1,898.10 97,397.20 124,726.05 190,602.80
135 446.40 1,906.80 95,490.41 125,172.45 192,509.59
\, \ 136 437.66 1,915.54 93,574.87 125,610.12 194,425.13
137 428.88 1,924.32 91,650.56 126,039.00 196,349.44
138 420.07 1,933.14 89,717.42 126,459.07 198,282.58
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: July 1. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion
Hearing: Private Kennel License
Paul and Bev Schuler
308 Andover Boulevard NW
Planning
Jeff Johnson
ITEM NO.
;;
REQUEST
The City Council is asked to review the private kennel license request for Paul and Bev Schuler. The
proposed kennel is to be located at 308 Andover Boulevard NW. See attached map for location. The
property is zoned R-l, Single Family Rural and the size of the parcel is 9.88 acres,
,
The principal structure setbacks are as follows:
Front (Andover Blvd.)
Side (East)
Side (West)
= 199,07
= 111.34
= 68.05
APPLICABLE ORDINANCES
Ordinance No, 53 regulates dogs and the issuance of private kennel licenses. A private kennel is as
defined as follows:
Means a place where more than three (3) dogs over six months of age are kept for private enjoyment and
not for monetary gain, provided such dogs are owned by the owner of the premises on which they are
kept.
A private kennel license can only be issued in an R-l, Single Family Rural Zoning District and shall not
be issued unless abutting property owners have been given notice of the proposed application and a
reasonable opportunity to comment on the application, These types oflicense applications are directly
referred to the City Council for review,
;
I Page Two
Private Kennel License
308 Andover Boulevard NW
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BACKGROUND
The applicant is requesting to keep up to twelve (12) dogs on the property mentioned above. The
majority of the dogs which are dachshunds will be primarily kept indoors. See application for further
details.
The existing and new dog enclosures or fences are shown on the attached map, These dog enclosures
will be located along side and rear of the principal structure.
COUNCIL OPTIONS
1.
Approval.
The City Council may recommend approval of said license. The Council may
want to establish conditions. These conditions can be included in the application.
2.
Denial.
The City Council may recommend denial of said license, In denying the license,
the Council shall state those reasons.
3,
Table.
The City Council may table the item pending further information from the
applicant or staff.
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APPLICA TION FOR PRIV A TE.KENNEL LICENSE
Name of Applicant: p~ ~~ ~
Address: p~; 308" ~,J ~ '
~ -U- ~8~-/~.?<6
Phone Number: ~hU/K.~lr- A~A/j/;ttY-I fL6o! ~tla-e. . ,
. .L.t:;O~ m/!/ 55//7
Quantity of Dogs (Six Months of Age or Older) to be Kept on Property: / rZ. ~
Dog Type(s)/Breed: ~~ l)~ (/~.P& /-r2 ~-t.J
fJ~?~ U4..b.~ / ...,,.. /tJ ~
Please attach a gketch drmmng shOWIng t.lIe followmg:
1. Location of and size of all buildings on property. D ~ ~ ~ ~ t4 L' I (L.
2. Location and height of all fences on property. ~ P.hLtt on::tfu
3. Location of dog enc1osure(s)lkennel(s) (if present). . ~ [,
T, (the applicant) have received and read a copy of Ordinance N~
understand the rules and regulations as stated.
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* * * * * * * * * * * * * * *
Staff Notes/Comments:
Acreage Size:
Current Zoning: ~
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Fee Amount: ~ DD.
~~,11A1
Date Paid: VI
Receipt No. Q4 2 I C, ~
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 · (612) 755-5100
.'
NOTICE OF HEARING
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
The City Council of the City of Andover will hold a hearing at 7:00 p.m., or as
soon thereafter as can be heard, on Tuesday July 1, 1997 at Andover City Hall,
1685 Crosstown Boulevard NW, Andover, MN to review the private kennel
license request of Paul and Beverly Schuler for the keeping of no more than twelve
(12) dogs [1-2 labrador retrievers and 10 dachshunds] on the property located at
308 Andover Boulevard NW.
All written and verbal comments will be received at that time and location.
r \ A copy of the completed application for a private kennel license will be made
'--) available at City Hall for review prior to said meeting.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 53E
AN ORDINANCE AMENDING ORDINANCE NO. 53 ADOPTED THE 17TH DAY
OF FEBRUARY, 1981, COMMONLY KNOWN AS THE DOG ORDINANCE.
The City Council of the City of Andover does hereby ordain:
Ordinance No. 53 is hereby amended as follows:
SECTION 1. DEFINITIONS
a. Animal Shelter: Any premises designated by the City
Council for the purpose of impounding and caring the dogs held
under the authority of this ordinance.
b. Biting Dog: Any dog which, without being provoked, has
bitten, scratched, or caused other injury or threatens such injury
to a person or another domestic animal, under circumstances where,
at the time of the threat of attack, the person or domestic animal
was lawfully on the premises upon which the victim was legally
entitled to be, or the victim was on the premises owned or
controlled by the owner of the dog, at the express or implied
invitation of the owner, is a biting dog. (53B, 6-21-88)
c.
or enc
enclosure constructed for shuttin in
ences enc oS1ng yar s.
e~--*eRRe~~--ARy-~e~5eRT-~a~~Re~5Ai~-e~-ee~~e~a~ieR-eR~a~ee-iR- .
~Ae-B~5iRe55-ef-B~eeeiR~T-B~yiR~T-5e~~iR~-e~-Bea~eiR~-ee~5~--
~~eYieee-~Aa~-5~eA-~e~5eRT-~a~~Re~5Ai~-e~-ee~~e~a~ieR-e~5~ema~i~y-
eWR5-e~-Bea~e5-me~e-~AaR-~A~ee-+3+-ee~5-eYe~-5i*-+6+-meR~A5-ef-
a~e~--
e~ f. Nuisance: It shall be considered a nuisance for any
animal to run at large; to habitually or frequently bark or cry;
to frequent school grounds, parks, or public beaches while
unrestrained; to chase vehicles; to molest or annoy any person if
such person is not on the property of the owner or custodian of
the animal; to molest, defile, destroy any property, public or
private; or to leave excrement on any property, public or private.
(53B, 6-21-88)
John Hoglund
370 Andover Blvd. NW
, "ndover, MN 55304
Dana Swanson
222 Andover Blvd. NW
Andover, MN 55304
Rogness Bergsagle
375 Andover Blvd. NW
Andover, MN 55304
Marlo Heyne
275 Andover Blvd. NW
Andover, MN 55304
J
,
John Hartinger
264 Andover Blvd. NW
Andover, MN 55304
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25322443-0002
Joseph Novogratz
7667 Equitable Drive, Suite 201
Eden Prairie, MN 55344
Patrick Andersen
325 Andover Blvd. NW
Andover, MN 55304
Ronald Isaac
225 Andover Blvd, NW
Andover, MN 55304
?
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, ,J
DATE: July 1 1997
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
ITEM NO.~
Tower Drive/No Parking Restrictions Discussion
Todd Haas, ~
Engineering~
The City Council is requested to discuss the possibility of recinding Resolution No, 261-96
which currently does not allow parking on both sides of Tower Drive (Tower Drive is the street
on the east side of Public Works).
The Park and Recreation Commission is concerned with individuals that are parking on the
boulevards, etc, due to the shortage of parking, There are some parking stalls available here
at City Hall but people do not generally like to walk long distances, so they park where they
should not. The Fire Chief is aware of this request and is still recommending "no parking" on
both sides to allow for good emergency vehicle access in and out.
\ /
Also, we are looking at the possibility of enlarging the existing parking lot at the north end of
Tower Drive as part of the Public Woks expansion project to the west towards Well #5.
If the City Council is wants to allow parking on one side, then it will be necessary to approve a
resolution to allow this (see attached).
AI Grabowski, Vice-Chair of the Park and Recreation Commission, will be present at the
meeting to discus this issue with the City Council.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 261-96
A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF
TOWER DRIVE,
"
WHEREAS, the no parking zone is to be located on both sides of Tower
Drive.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to designate a no parking zone as requested by the Andover Review
Committee,
Adopted by the City Council of the City of Andover this 19th day of November,
19 96,
ATTEST:
17 f' '~
~> t )J1G~ NU
,dE McKelvey - Mayor Y
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{/~ -6;~ t/riL
Victoria Volk - City Clerk
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f {<oPO$~ 0
. J CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION DESIGNATING NO PARKING ALONG THE WEST SIDE OF
TOWER DRIVE.
WHEREAS, the no parking zone is to be located on the west side of Tower
Drive only.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to designate a no parking zone as requested by the Park and Recreation
Commission.
Adopted by the City Council of the City of Andover this ~ day of July ,
19 97 .
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: Julv t. t 997
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
Planning
ITEM NO.
Crooked Lake
Task Force Update
John Hinzman, :Yl./ t+
City Planner
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Request
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At the April t 5, t 997 meeting the City Council authorized the formation of a task force
consisting of seven members to review traffic and safety issues on Crooked Lake. Staff
advertised for committee members via the Anoka County Union and cable TV. Only two
people, both property owners on the lake, have submitted application. Staff is asking for
direction on how to procede in addressing these issues.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: July 1. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion
Planning
Jeff Johnson
ITEM NO. 7
Junkyard License Renewal
Commercial Auto Parts
13576 Jay Street NW
Staff has been in contact via written and verbal correspondence with Clifford Miste1ske regarding the
renewal application and fee for Commercial Auto Parts. At time this report was written (Friday, June
27, 1997) staff had not received this information.
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Staff will update you in regard to this issue at the meeting.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
DA TE:---1ulv 1. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion
Community Development
David L. Cadbcrg t
Community Development Director
ITEM NO. (.
Meadow Creek Church
Request Inclusion Ordinance 218
Crooked Lake Boat Trailer Parking
The City Council is requested by the Meadow Creek Church and School to include them in
Ordinance No. 218 related to boat trailer parking within 1,000 feet of the Crooked Lake access.
Attached is a letter from Warren Schmulzer, Minister of Administration and Evangelism
explaining the request. Also attached is a copy of Ordinance No. 218, Section 2, Parking of
Boat Trailers should the Council wish to amend this section to include the Meadow Creek
Church and School in some fashion.
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uUeadow Cltee~ Chufrch
UAn Evangelical Fellowship"
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June 24. 1997
Mr. David Carlberg
City of Andover
1685 Crosstown Blvd.
Andover MN 55304
Dear David,
As we dlscussed over the telephone on June 23. 1997. Meadow Creek Church and School
would like to participate in the Crooked Lake boat traller par1l.ing ordinance. We are requesting
lwo signs to be installed at our school entrance to the parking lot at no cost to the church or
school. Please feel free to can me with any questions.
Warmest RQgard8,
!~JQ~
Minister of Admini3tration and E\<angeli3m
:
Jim Tho:n3son. Sr. Pastor
3037 Bunkef lake Boulevard NW. Andover. Minnesota 55304. (612) 427-4543 . FAX: (612) 427-0572
TOO I2I
H:>lI11IO XHffiI:> .l\O<IV3J{
GLSO LGt GT9 XVd SC:ST ffill L6/tG/90
F.
Notwithstanding the foregoing restrictions, the City Council may impose
additional parking restrictions on streets within the City if in its opinion such
restrictions are necessary to protect the health, safety and welfare of persons or
property. Streets subject to such additional restrictions shall be designated by
City Council resolution and such restrictions shall not be enforced until after
posted notice thereof on such streets has taken place, (33C, 5-19-87)
"
)
Section 2.
Parking of Boat Trailers.
The parking of boat trailers without boats is prohibited on school property or within one
thousand (1,000) feet of any boat launch site. Parking spaces specifically designated for
boat trailer parking adjacent to the boat launch site, and boat trailers located on private
property are exempt from the requirements of this Section.
Section 3. City Street of Public Right-of-Way Obstructions.
No person shall deposit or permit to be deposited and leave on any public street in the
City leaves, grass, sand or similar materials, nor shall any person plow, shovel, or blow or
permit the blowing, shoveling or plowing of snow onto a public street in the City and
leaving it. This provision shall not apply to any person who is in the process of
constructing or maintaining a yard or drive provided that the materials are immediately
removed from the street.
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Section 4.
Parking VioIationsffowing.
The designated law enforcement official is hereby authorized and empowered to remove
or cause to be removed any vehicle parked, stored, stalled, or standing on City streets in
violation of any of the provisions of this ordinance.
Said vehicles may be removed by towing or otherwise and be stored in garages or outside
storage areas by persons, individuals, or firms engaged in the general garage or towing
business within the Ci~', Said vehicles shall not be removed from place stored until the
owner or their authorized agent shall have fully paid the costs incurred for towing and
storage to the person or firm who has furnished such service.
In the event that any vehicle held or stored is not claimed or recovered by the owner
thereof, there is deemed to be imposed upon such vehicle a possessory lien for the
amount of the costs incurred for towing and storage. Such lien shall be foreclosed in the
manner provided by law for the foreclosure of possessory liens.
,
Upon proof that a certain vehicle was parked, stored, or allowed to stand in violation of
this ordinance and that a certain person is the registered owner of said vehicle, this shall
be prima facie evidence that such person committed or authorized the commission of
such violation.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE July 1.1997
AGENDA SECTION
DEPARTMENT
EDA
ORIGINATING
Finance~
Jean D. McGann
I ITEM NO. q,
Approve Resolution/Establishing the Redevelopment Project Area
REQUEST:
The Andover Economic Development Authority is requested to approve the
Redevelopment Project Area and Plan for the Public Works expansion project
BACKGROUND:
At the June 5, 1997 meeting, the Andover Economic Development Authority passed a
resolution initiating the process for establishment of a Redevelopment Project Area.
Since that meeting, the Planning Commission has reviewed and approved the proposed
Redevelopment Project Area and Plan. A copy of the Planning Commission resolution is
attached.
ECONOMIC DEVELOPMENT AtrrdoRITY GF THE CITY OF ANDOVER
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING REDEVELOPMENT PROJECT AREA AND
PLAN
BE IT RESOLVED by the Board of Conunissioners (the "Board")
of the Economic Development Authority of the City of Andover (the
"Authority") as follows:
Section 1. Recitals.
/
1.01. It has been proposed that the Authority establish a
Redevelopment Project Area in connection with ,the construction
and equipping of a public works building (the "Redevelopment
Project Area"); and adopt the Redevelopment Plan for the
Redevelopment project Area (the "Plan"); all pursuant to and in
conformity with applicable law, including Minnesota Statutes,
Sections 469.001 through 469.047 and 469.090 through 469.1081;
all as reflected in that certain document entitled in part
"Redevelopment Plan for Andover Public Works Building," dated
June 17, 1997, and presented for the Board's consideration.
1.02. The Board has investigated the facts relating to the
Plan and has caused the Plan to be prepared.
1.03. The Authority has performed all actions required by
law to be performed prior to the adoption and approval of the
Plan. The Authority has also requested that the Andover City
Council hold a public hearing on the Plan and that the Andover
Planning Conunission provide written conunent on the Plan.
Section 2. Findinqs for the Adoption and Approval of the
Plan.
2.01. The Board hereby finds that Plan conforms to the
general plan for the development or redevelopment of the City as
a whole; and that the Plan will afford maximum opportunity
consistent with the sound needs of the City as a whole, for the
development of the Redevelopment Project Area and adjacent areas
by private enterprise.
2.02. The Board further finds that the Plan is intended
and, in the judgment of the Board, its effect will be, to promote
the public purposes and accomplish the objectives specified in
, the Redevelopment Plan for the Redevelopment Project Area.
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351658.1
Section 3. Approv~l and _~option of tpe Plan.
3.01. The Plan, as presented to the Authority on this date,
is hereby approved, established, and adopted~
Adopted by the Board of Commissioners of the Economic
Development Authority of the City of Andover this 17th day of
June, 1997.
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President
Secretary
Commissioner moved the adoption of
the foregoing resolution. The motion for the adoption of the
foregoing resolution was duly seconded by ,
and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
)
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351658.1
2
CERTIFICATE
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I, the undersigned, being the duly qualified and acting
Secretary of the Economic Development Authority of the City of
Andover, DO HEREBY CERTIFY that I have carefully compared the
attached and foregoing extract of minutes of a duly called and
held meeting of the Board of Commissioners thereof
held on June 17, 1997, with the original minutes thereof on file
in my office and that the same is a full, true, and correct
transcript thereof insofar as said minutes relate to the
Authority's Redevelopment Project Area.
WITNESS My hand officially this 17th day of June, 1997.
\
,
Secretary
Economic Development Authority of
the City of Andover
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351658.1
3
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~-el9 ~ 113: 29 FRQ1:
7S5-8S23
TO:612 339 676e
PAGE: IE
RESOLUTION OF mE ANDOVER PLANNING COMMISSION
CON~(j T~ ECONOMIC DEVELOPMENT AlITHOR11Y OF THE
CITY Or ANDOvER's REDEVELOPMENT PROJEer AREA PROPOSAL.
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WHEREAS, the Pr6po$ftl by the Economic Development Authority of the City of
Andover to o:stablish :1 Redl.welopment Project M4 in connection with the COIUtrUction
and equipping of a public Works buildint (the "Redevelopment Project Area"); and adopt
the Redevelopment Plan fur the Redevelopment Project Ami (the "Plan"); all pursuant to
and in conformity 'Hith apPlicable law, i.ncludiJJg Minne~ Stlitutcs, Sections 469.001
through ~9.047 and 469,090 lhruullh ~9.1081; ha~ been ~\.lblllitted to the Andover
Ptnnning Commission (the ~'CommissiOl1j; and
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WHEREAS, ~ Cdmminion has reviewed tM Plan to deWrmina the cons:istency
of the Plan with the Comp~eusive Plan of the City:
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NOW. nrEREFORE. BE IT RESOLVED by the Andover Planning Commission
that the Plan is consistent With tIl~ AndovCf Comprcnemive Plan and the Commission
recommends approval ofilie Plan to the Anrlover City CilllDCiI.
Adopted: May 27, ~997.
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Chair
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
DATE: lulv 1. 1997
AGENDA SECTION
Non-Discussion Items
ORIGINATING DEPARTMENT
City Clerk
~ ,~ '
ITEM NO.lci ,
Approve Kennel License Renewals
The City Council is requested to approve the licenses for the following dog kennels for the
period July 1, 1997 through June 30, 1998:
Private Kennel
Rescue St. Bernards
4180 - 165th Avenue NW
Andover, MN
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.' Commercial Kennel
Dover Kennels
16422 Hanson Boulevard NW
Andover, MN
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: July 1. 1997
ITEM NO.
SUP 97-11
Barbed Wire Security Arm
13735 Round lake Boulevard NW
Merwin's Drug Store
ORIGINATING DEPARTMENT
Planning
John Hinzman, :1"wU
City Planner
AGENDA SECTION
Non-Discussion Item
I/.
Request
The City Council is asked to review the special use permit request of Merwin's Drug Store to
'1 erect a two foot high barbed wire security fence atop a six foot high cedar fence. The fence
.I
would be located behind their store at 13725 Round Lake Boulevard, Suite 117 and be
separated by an eight foot high cedar fence from the adjoining neighborhood.
Planning and Zoning Commission Action
The Planning and Zoning Commission recommended approval of the special use permit at the
June 10, 1997 meeting. Please consult the attached staff report and minutes from that meeting
for more information.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -97
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF MERWIN'S
DRUG STORE TO ERECT A BARBED WIRE SECURITY ARM ATOP A SIX (6) FOOT
HIGH FENCE (TOTAL HEIGHT NOT TO EXCEED EIGHT (8) FEET) PURSUANT TO
ORDINANCE 8, SECTION 4.21(E) ON PROPERTY OWNED BY ANDOVER LIMITED
PARTNERSHIP LOCATED AT 13735 ROUND LAKE BOULEVARD NW, SUITE 117,
LEGALLY DESCRIBED AS LOT 1, BLOCK 1, ANDOVER CENTER (PIN 32-32-24-13-
0082).
WHEREAS, Merwin's Drug Store has requested a Special Use Permit to erect a
barbed wire security arm atop a six (6) foot high fence, (total height not to exceed not
to exceed eight feet) pursuant to Ordinance 8, Section 4.21(E) on property owned by
Andover Limited Partnership located at 13735 Round Lake Boulevard NW, Suite 117,
legally described Lot 1 Block 1 Andover Center.
. ;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No.8, Section 4.21(E); 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 Special Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the Special Use Permit on said property with the following conditions:
1) That the Special Use Permit be subject to the sunset clause as stipulated in Ordinance
No.8, Section 5.03 (d).
2) That the Special Use Permit shall be subject to annual review by staff.
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Page Two
SUP - Barbed Wire Security Arm
Merwin's Drug Store.
July 1, 1997
Adopted by the City Council of the City of Andover on this l.si day of lJJlx, 1997.
CITY OF ANDOVER
ArrEST:
I.E. McKelvey, Mayor
Victoria V olk, City Clerk
Regular Andover Planning and Zoning Commission Meeting
Minutes - June la, 1997
Page 8
J-t PUBLIC HEARING: SPECIAL USE PERMIT - CHAIN LINK FENCE WITH BARBED WIRE
, SECURITY ARM - 13735 ROUND LAKE BOULEVARD NW, SUITE 117 - MERWIN'S DRUG
STORE
"
8:47 p.m. Mr. Carlberg reviewed the request of Merwin's Drug Store to
install a two-foot high barbed wire security arm atop a six-foot high
cedar fence at the north side of their store at 13735 Round Lak..::
Boulevard NW, Suite 117. The 72 x 25-foot area would be used to store
lawn equipment and would not be visible from any public roadway. The
area is presently used for parking and as a drive-through area. The
parking stalls will be eliminated. Staff lias evaluated the parking
requirements for the entire shopping center and found the number of
parking stalls still exceeds the requirements. There is an existing
eight-foot fence separating the residential area from the commercial
area. He also noted the applicable ordinances and criteria to be
considered.
MOTION by Luedtke, Seconded by Barry, to open the public hearing.
Motion carried on a 5-Yes, 2-Absent (Gamache, Peek) vote. 8:58 p.m.
A representative of Merwin's Drug Store was asked if employees would be
working in that storage area. The response was no, it will be only for
storage.
MOTION by Barry, Seconded by Wells, to close the public hearing. Motion
carried on a 5-Yes, 2-Absent (Gamache, Peek) vote. 8:59 p.m.
MOTION by Luedtke, Seconded by Wells, to forward to the City Council
granting of the Special Use Permit for Merwin's Drug as prepared by
Staff. Motion carried on a 5-Yes, 2-Absent (Gamache, Peek) vote. This
will be placed on the July 1, 1997, City Council agenda. 9:00 p.m.
BLIC HEARING: SPECIAL USE PERMIT/VARIANCE - AREA IDENTIFICATION SIGN
OWLARK HEIGHTS - 97 154TH AVENUE NW - SCOTT LENNES, INC.
9:00 p.m. reviewed the request of Scott Lennes, Inc., for
a Special U Permit and variance to erect a 32-square-foot area
identification s (permanent monument) at the entrance of the plat at
97 154th Avenue NW, t 1, Block 1, Meadowlark Heights. The variance is
from Ordinance No. 10, ction 8.04(K), as the applicant did not apply
for the Permit before the eliminary plat was approved. The sign is
not constructed. He noted e applicable ordinances. Staff is
recommending approval with condit' ns.
open the public hearing.
Peek) vote. 9:05 p.m.
MOTION by Luedtke, Seconded by Wells, 0
Motion carried on a 5-Yes,' 2-Absent (Gama
There was no public testimony.
/
MOTION by Wells, Seconded by Luedtke, to close the'--,public hearing.
Motion carried on a 5-Yes, 2-Absent (Gamache, Peek) vote>,_9:05 p.m.
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DA~e 10, 1997
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AGENDA ITEM
4. Public Hearing: SUP 97-11
Barbed Wire Security Arm
13735 Round Lake Blvd. NW
. . ., ~ J)rll<T <::tnrp
ORIGINATING DEPARTMENT
Planning
APPROVED FOR
AGENDA
-1wY'
John Hinzman
rih,""
BY:
BY:
Request
The Planning and Zoning Commission is asked to review the Special Use Permit request of
Merwin's Drug Store. to install a barbed wire security arm atop a six foot high fence at their
store located at 13735 Round Lake Boulevard NW, Suite 117 (PIN 32-32-24-13-0082),
legally described as Lot 1, Block 1 Andover Center.
The property is zoned SC, Shopping Center.
Applicable Ordinances
, Ordinance No.8, Section 4.21 (E), allows a security arm for barbed wire fences not to exceed
eight (8) feet in height by special use permit in all business and industrial zoned districts.
Ordinance No.8, Section 5.03, regulates the Special Use Permit process as well as the
Amended Special Use Permit process and outlines the following criteria for review:
1) The effect of the proposed use upon the health, safety, morals and general
welfare of the occupants of the surrounding land.
2) The existing and anticipated traffic conditions including parking facilities on
adjacent streets and land.
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,
General Review
Merwin's Drug Store proposes to erect a two foot high barbed wire security arm in conjuction
with a six foot high cedar fence on the north side of their building. The 72' x 25' area would
be used to store lawn equipment, and would not be visible from any public roadway. An eight
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Page Two
SUP 97-11, Merwin's
13735 Round Lake Blvd. NW
June 10, 1997
foot high fence presently exists between Merwin's and the adjacent residential area to the
north.
Commission Options
1. The Planning and Zoning Commission may recommend to the City Council approval of
the Special Use Permit request of Merwin's Drug Store on property owned by Andover
Limited Partnership located at 13735 Round Lake Blvd. NW, Suite 117, legally described as
Lot 1, Block 1, Andover Center. The Commission fmds the request meets the requirements
of Ordinance No.8
2, The Planning and Zoning Commission may recommend to the City Council denial of the
Special Use Permit request of Merwin's Drug Store on property owned by Andover Limited
Partnership located at 13735 Round Lake Blvd. NW, Suite 117, legally described as Lot 1,
Block 1, Andover Center. The Commission fmds the request does not meet the requirements
of Ordinance No.8. In recommending denial of the request, the Commission shall state those
reasons for doing so.
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3. The Planning and Zoning Commission may table the item pending further information
from Staff.
Staff Recommendation
Staff recommends approval of the Special Use Permit requested with the following
conditions:
1) That the Special Use Permit be subject to the sunset clause as stipulated in Ordinance
No.8, Section 5.03 (d).
2) That the Special Use Permit shall be subject to annual review by staff.
Attachments
A-I Resolution
A-2 Area Location Map
A-3 Site Plan
A-4 Special Use Permit Application
A-5 Notice of Public Hearing
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CITY of ANDOVER
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1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (612) 755-5100
SPECIAL USE PERMIT
Property Address \ -S 7 ''S~
K-:,<> nd I_C''\ k. eg{ vel ,
-Ii- (/ -7
,
Legal Description of Property:
(Fill in whichever is appropriate):
Lot }
.
Block ;;<
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Addition A-n6 G.~ v' ~'- CeV'l-Lc-")1
"
PIN R 3~ S,;Z ct '-/ /30C&'"lt metes and bounds, attach
~ ' the complete legal
5 d- :,~'^ Lf. I 3> 00 '6~ description. )
Is the property: Abstract or Torrens ? (This
information must be provided and can be obtained from the
County. )
-----------------------------------------------------------------
Reason for Request F c,^c.""c:'~ CA.Y"'€'r..... ,{-, I }-II' ~ h /. .J I+}" ;:z 1
l<S~'\"'~ -eL:l( 10....."<. IS '<" hl"'.s ~ L\c:.~;7ln:J C=-IA t t'fc"_ .
Section of Ordinance 4-.,;2 l
Current Zoning 'Sc: ~f"~ ~
-----------------------------------------------------------------
Address
1-S7~r,-
J'Y) er~', 01 <,
k c','(J "d .Lc~Lc-e
Business
11 I,.l.",\ e./ S+~:'J/'t/-!A u5c:..R...
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Phone .1.1 d.. / - -:;<, 3 ~
Da te L-//;;u/,/g' 7
Name of Applicant
Home Phone
Vn
Signature M"-\\/)<~
~~.) 1 4
c- __-)I L:"';..o/'(' t{, V -.-;-::::::"""--
-----------------------------------------------------------------
Property Owner (Fee Owner) A'lotlcver L/~/I~/ /!'I-fh.el-~';f'}
(If different from above) I
Address tt:z.);) 136"'Y1~ AVQ.,,J. ~Y'60k:IYh ~""K M^,).5~c,'"J.2
Home Phone Business Phone G3t,-Q4 ~
I ~~~::~~::_~~::~~~~~~-----~:~:--~~~~-----
, 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, June 10, 1997 at Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Special
Use Permit request of Merwyn's Drug Store to erect a two (2) foot high barbed wire
security arm atop a six (6) foot high fence on property located at 13735 Round Lake
Boulevard NW, Suite 117 (pIN 32-32-24-13-0082) legally described as Lot 1, Block 2,
Andover Center.
All written and verbal comments will be received at that time. A copy of the application
will be available for review prior to the meeting at City Hall.
"
~~aa
Victoria V olk, City Clerk
Publication dates: May 30,1997
June 6, 1997
/
PIN: 323224130012
OITE EDWARD A & SHIRLEY A
'7050 EAST RIVER RD
, .~APOLIS MN 55432
P~: 323224130013
BOWER SANDRA JEAN
13884 SIL VEROD CT NW
ANDOVER MN 55304
PIN: 323224130014
EWING SHANNON P
13876 SILVEROD CTNW
ANDOVER MN 55304
P~: 323224130015
CARLSON TIMOTIIY E & LINETIE
13870 SILVEROD CTNW
ANDOVER MN 55304
PIN: 323224130016
ROB~SON SCOTT A & STACY D
13864 SILVEROD CTNW
ANDOVER MN 55304
P~: 323224130017
MEYER DANIEL D & ANGIE T
13858 SIL VEROD CT NW
ANDOVER MN 55304
PIN: 323224130018
MORELL HANS J & RAMONA J
13852 SIL VEROD CT NW
ANDOVER MN 55304
P~: 323224130019
GUNDERSON GALEN A & LINDA S
13848 SIL VEROD CT NW
ANDOVER MN 55304
PIN: 323224130020
FELL~G KA TIILEEN M
10775 MAPLE VALLEY DR
MAPLE GROVE MN 55369
,
P~: 323224130021
PEARSON MARY A & EVANS LOUANN
13841 SILVEROD CTNW
ANDOVER MN 55304
/
PIN: 323224130022
BUSHMAN DAVID G & JOAN E
13847 SILVEROD CTNW
ANDOVERMN 55304
P~: 323224130023
SCOTT L YNETIE A
1424 138TII AVE NW
ANDOVER MN 55304
PIN: 323224130024
CRAWLEYML&KRETAL*
13861 SILVEROD CTNW
ANDOVER MN 55304
P~: 323224130025
YON ENDE DONALD & SUSAN
13875 SIL VEROD CT NW
ANDOVER MN 55304
PIN: 323224130026
MATHERS TIMOTHY J & CATIIERINE
13 887 SIL VEROD CT NW
ANDOVER MN 55304
P~: 323224130028
HOWE, TIMOTIIY S & PAMELA R
13872 ROSE ST NW
ANDOVER MN 55304
PIN: 323224130029
JOHNSON THOMAS J & MARY L
13858 ROSE ST NW
ANDOVER MN 55304
p~: 323224130030
BERGSAGEL IRVIN E & MURIEL K
13852 ROSE ST
ANDOVER MN 55304
-'= 323224130031
GRIMMER MARCIA M
13 846 ROSE ST NW
ANDOVER MN 55304
P~: 323224130032
JAAKOLA LISA & JAMES
3462 138TH LN NW
ANDOVER MN 55304
PIN: 323224130033
SlRUTHERS MARK A & TERI L
1456 138TH LN NW
,
, ,DOVER MN 55304
P~: 323224130037
OHOTIO SANDRA K
562 BEAVER DAM DR
CEDARMN 5501I
PIN: 323224130038
SCHNICKELS STEVEN A
3437 138TH CT NW
ANDOVER MN 55304
P~: 323224130039
FALAKI MOHAMMAD R
3445 138TH CT NW
ANDOVER MN 55304
PIN: 323224130040
TOBIASON NEIL & ELIZABETH
3453 138TH CT NW
ANDOVER MN 55304
P~: 323224130043
SMITH JOEL R
3477 138THCTNW
ANDOVER MN 55304
PIN: 323224130044
ANDOVER CITY OF
1685 CROSSTOWN BLVD
ANDOVER MN 55304
P~: 323224130045
MCDANIEL MELISSA A
3478138THCTNW
ANDOVER MN 55304
PIN: 323224130046
KLATI LYNNE D
3470138THCTNW
ANDOVER MN 55304
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P~: 323224130047
SWANSON ROBERT E & MARY S
5340 199TH AVE NW
ANOKA MN 55303
PIN: 323224130048
HUD
220 S 2ND ST
MPLS MN 55401
P~: 323224130049
BELPEDIO JOHN P
3446 138TH CT NW
ANDOVER MN 55304
PIN: 323224130050
JOHNSON CAROLE J
3438 138TH CT NW
ANDOVER MN 55304
P~: 323224130054
DALC~ ALFRED M JR & L M
13795 QUAY STNW
ANDOVER MN 55304
PIN: 323224130055
ELLIOTI STEVEN & DEBRA
13781 QUAY STNW
ANDOVER MN 55304
P~: 323224130056
W ALL~ GARY J
13769 QUAY ST NW
ANDOVER MN 55304
PIN: 323224130059
A P DEVELOPMENT CORP
6701 W 23RD ST
MPLS MN 55440
P~: 323224130065
SMITH JOEL R
3477138THCTNW
ANDOVER MN 55304
/: 323224130070
MN STATE OF ~ lRUST
00000
P~: 323224130071
THOMSEN MILDRED J
3461138TH CT NW
ANDOVER MN 55304
PIN: 323224130072
PIRKL BERTRAM FRANCIS
3469 138TH CT NW
JOVER MN 55304
, ,
PUN: 323224130078
ANDOVER L TO PARTNERSHIP
6272 BOONE NO
BROOKLYNPARKMN 55428
PIN: 323224130079
ANDOVER LTO PARTNERSHIP
601 2ND AVE S MPFPI801ATIN: JOCELYN
KILPATRICK
PUN: 323224130081
FIRST AR BANK OF MN NA T ASSN
101 E 5TH ST STE 100
ST PAUL MN 55101
PIN: 323224130082
ANDOVER LIMITED PARTNERSHIP
6272 BOONE AVE N
BROOKLYNPARKMN 55428
PUN: 323224130083
ANDOVER LIMITED PARTNERSHIP
6272 BOONE AVE NO
BROOKLYNPARKMN 55428
PIN: 323224240002
CHRISTIANSEN A B, L M & JEFF A
13 828 ROUND LAKE BLVD NW
ANDOVER MN 55304
PUN: 323224240003
NICHOLS CHARLES W & JOYCE B
13836 ROUND LAKE BLVD NW
ANDOVER MN 55304
PIN: 323224240004
RIPPLE JAMES L
13844 ROUND LAKE BLVD NW
ANDOVER MN 55304
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PIN: 323224240010
FORTNER LOLA L
13808 ROUND LAKE BLVD NW
ANDOVER MN 55304
PUN: 323224240009
KOSKI MICHAEL R & JOANNE M
13827 UNDERCLIFT ST NW
ANDOVER MN 55304
PUN: 323224240011
HUD
220 S 2ND ST
MPLS MN 55401
PIN: 323224240014
RAMOLA RONALD J & SHIRLEY A
13803 UNDERCLIFT STNW
ANDOVER MN 55304
PUN: 323224240015
CHAPMAN PATRICK W & LINDA A
13747 UNDERCLIFT ST NW
ANDOVER MN 55304
PIN: 323224240028
MULLIGAN D D & INDERLEE H L
13727 UNDERCLIFT ST NW
ANDOVER MN 55304
PUN: 323224240029
BLUE DONALD A & RENEE R
13737 UNDERCLIFT ST NW
ANDOVER MN 55304
PIN: 323224240069
BOIE STEVEN L & SHANNON M
13727 UNDERCLIFF ST NW
ANDOVER MN 55304
PUN: 323224240070
KELLER ROBERT W
13748 ROUND LAKE BLVD NW
ANDOVER MN 55304
/323224240071
LOCAL OIL CO OF ANOKA UNC
PO BOX 5172015 7TH AVE N
ANOKA MN 55303
PUN: 323224240072
LOCAL OIL CO OF ANOKA UNC
POBOX 517
ANOKA MN 55303
PIN: 323224420002
MEADOW CREEK ASSOCIATES
34RO BUNKER LK BD NW
,
,KA MN 55304
P~: 323224420003
ANDOVER CITY OF
1685 CROSSTOWN BLVD NW
ANDOVER MN 55304
PIN: 323224420007
GRACE LUTH CHUR OF ANOKA
13655 ROUND LAKE BLVD
ANDOVER MN 55304
P~: 323224420009
GRACE LUTH CHUR OF ANOKA
13655 ROUND LAKE BLVD
ANOKA MN 55304
PIN: 323224420063
TRIPLE S INVESTMENTS
2300 PILOT KNOB RD
MENDOTAHGTS MN 55120
"
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: July 1. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Planning
Jeff Johnson
ITEM NO.
Special Use PennitIVariance
Area Identification Sign
Meadowlark Heights - 97 1 54th Avenue NW
Scott Lennes, Inc,
Ie:< ,
The City Council is asked to review and approve the Special Use PennitIVariance request of Scott
Lennes to erect a thirty-two (32) square foot area identification sign on the property located at 97 l54th
Avenue NW (the entrance of Meadowlark Heights).
I
The Planning and Zoning reviewed this request at their June 10, 1997 meeting and recommends
approval to the City Council (minutes are attached).
A resolution for review and approval is attached.
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Regular Andover Planning and Zoning CommisBicn Meeting
Minutes - June 10, 1997
Fage 8
PUBLIC HEARING: SPECIAL USE PERMIT - CHAIN LINK FENCE WITH BARBED WIRE
SECURITY ARM - 13735 ROUND LAKE BOULEVARD NW, SUITE 117 - MERWIN'S DRUG
STORE "
8:47 p.m. Mr. Carlberg reviewed the request of Merwin's Drug Store to
install a two-foot high barbed wire security arm atop a six-foot high
cedar fence at the north side of their store at 13735 Round Lak.:.'
Boulevard NW, Suite 117. The 72 x 25-foot area would be used to store
lawn equipment and would not be visible from any public roadway. The
area is presently used for parking and as a drive-through area. The
parking stalls will be eliminated. Staff Las evaluated the parking
requirements for the entire shopping center and found the number of
parking stalls still exceeds the requirements. There is an existing
eight-foot fence separating the residential area from the commercial
area. He also noted the applicable ordinances and criteria to be
considered.
MOTION by Luedtke, Seconded by Barry, to open the public hearing.
Motion carried on a 5-Yes, 2-Absent (Gamache, Peek) vote. 8:58 p.m.
A representative of Merwin's Drug Store was asked if employees would be
working in that storage area. The response was no, it will be only for
storage.
MOTION by Barry, Seconded by Wells, to close the public hearing. Motion
carried on a 5-Yes, 2-Absent (Gamache, Peek) vote. 8:59 p.m.
MOTION by Luedtke, Seconded by Wells, to forward to the City Council
granting of the Special Use Permit for Merwin's Drug as prepared be'
Staff. Motion carried on a 5-Yes, 2-Absent (Gamache, Peek) vote. This
will be placed on the July 1, 1997, City Council agenda. 9:00 p.m.
PUBLIC HEARING: SPECIAL USE PERMIT/VARIANCE - AREA IDENTIFICATION SIGN
- MEADOWLARK HEIGHTS - 97 154TH AVENUE NW - SCOTT LENNES, INC.
9:00 p.m. Mr. Johnson reviewed the request of Scott Lennes, Inc., for
a Special Use Permit and variance to erect a 32-square-foot area
identification sign (permanent monument) at the entrance of the plat at
97 154th Avenue NW, Lot 1, Block 1, Meadowlark Heights. The variance is
from Ordinance No. 10, Section 8.04(K), as the applicant did not apply
for the Permit before the preliminary plat was approved. The sign is
not constructed. He noted the applicable ordinances. Staff is
recommending approval with conditions.
MOTION by Luedtke, Seconded by Wells, to open the public hearing.
Motion carried on a 5-Yes, 2~Absent (Gamache, Peek) vote. 9:05 p.m.
There was no public testimony.
'\ MOTION by Wells, Seconded by Luedtke, to close the public hearing.
J Motion carried on a 5-Yes, 2-Absent (Gamache, Peek) vote. 9:05 p.m.
Regular Andover Planning and Zoning Commission Meeting
Minutes - June 10, 1997
Page 9
/
(Public Hearing: Special Use Permit/Variance - Area Identification Sign
- Meadowlark Heights, Continued)
"
MOTION by Barry, Seconded by Apel, to forward to the City Council
approval of the Resolution as presented granting the Special Use
Permit/Variance request of Scott Lennes, Inc., to allow for the
installation of one area identification sign. Motion carried on a 5-
Yes, 2-Absent (Gamache, Peek) vote. This will be placed on the July 1,
1997, City Council agenda. 9:06 p.m.
ORDINANCE REVIEW - ORDINANCE NO. 224, REGULATING USER STRENGTH CHARGES
Mr. Johnson stated no changes were made to this ordinance.
rewritten and renumbered. The Commission had no comment.
It was
ORDINANCE REVIEW - ORDINANCE NO. 226, REGULATING AUTO RECYCLING YARDS
Mr. Johnson stated no changes were made in this ordinance. In reviewing
it, Staff has found it to be very effective as written. The Commission
had no comment.
\ ORDINANCE REVIEW - ORDINANCE NO. 227, REGULATING THE SALE OF CIGARETTES
J
Mr. Johnson explained only minor language changes were made to this
ordinance. Acting Chairperson Squires suggested the Staff check on the
State law, as new legislation has been passed this last session giving
cities more power and control over regulating tobacco sales. It's
possible some of that should be added to this ordinance. Commissioner
Barry also noted that some cities no longer license cigarette machine,
and only license establishments where the cigarettes are not accessible.
There was also a brief discussion on the penalties for violating the
ordinance. Staff stated all the City can do is revoke or suspend the
license. They will do further research on ~he State law and on what
other communities are doing.
ORDINANCE REVIEW - ORDINANCE NO. 228, REGULATING SWIMMING POOLS
Mr. Johnson explained the Building Official reviewed the ordinance and
suggested a change on Page 2, Section 3, No.4. Add to the sentence,
"on-site sewer system or area designated as an alternate drainfield
area. II The ordinance was also updated to reference the current Building
Code.
J
The Commission asked if there is a problem with draining pools into the
sanitary sewer system. Mr. Carlberg didn't believe that was an issue in
Andover. Commissioner Wells felt a four-foot fence is short.
Commissioner Wells commented many insurance companies require a higher
fence. Mr. Johnson pointed out it is only a minimum to keep toddlers
out of the pool area. There was no further Commission comment.
'.
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
AGENDA ITEM
5. Public Rearin!!: S.U.P.Nariance
Area Identification Sign
Meadowlark Heights
97 154th Avenue NW
~.T T"
DATE June 10, 1997
ORIGINATING DEPARTMENT
APPROVED FOR
AGENDA
Jeff Johnson
Planning
BY:
BY:
REOUEST
The Planning and Zoning Commission is asked to review the Special UseNariance
request of Scott Lennes, Inc. to erect an area identification sign (permanent monument) to
be located at 97 154th Avenue NW, legally described as Lot 1, Block 1, Meadowlark
Heights.
The property is zoned R-l, Single Family Rural.
APPLICABLE ORDINANCES
Ordinance No.8. Section 5.03 - Special Uses.
Ordinance No.8, Section 5.03 regulates the Special Use Permit process.
Ordinance No.8. Section 8.07 - Signs.
Ordinance No.8, Section 8.07(D)(2) lists those signs allowed by Special Use Permit. An
area identification sign may be allowed provided:
1) The area for development is larger than five (5) acres.
2) Only one (1) sign is provided per development.
3) The maximum square footage of the sign is thirty-two (32)square feet in area.
4) The sign is located at least ten (10) or more feet from any property line.
In reviewing the Special Use Permit request for any sign the following criteria shall be
considered:
1) No sign shall be permitted that constitutes a hazard to vehicular safety.
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Page Two
Special Use PermitJVariance - Area Identification Sign
Meadowlark Heights
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 4.06(C) - Permitted Enroachments.
Ordinance No.8, Section 4,06(C) regulates encroachments on comer lots. Signs that are
placed on comer lots are required to be located outside of the site triangle.
Ordinance No.8. Section 5.04 - Variances.
Ordinance No.8, Section 5.04, establishes the variance procedures and process.
Ordinance No. 10. Section 8.04(K).
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Ordinance No. 10, Section 8.04(K) requires that Special Use Permits for area
identification signs shall be applied for in conjunction with the preliminary plat in
accordance with the Zoning Ordinance.
GENERAL REVIEW
The applicant is requesting a Special Use Permit to erect a thirty-two (32) square foot
permanent monument area identification sign at the entrance of the Meadowlark Heights
subdivision.
The applicant is requesting a variance to vary from Ordinance No, 10, Section 8.04(K).
The applicant did not apply for a Special Use Permit for an area identification sign before
the preliminary plat was approved.
COMMISSION OPTIONS
1) The Planning and Zoning Commission may recommend to the City Council
approval ofthe Special Use PermitJVariance request.
The Commission finds the request meets the requirements of the Zoning
Ordinance.
2)
The Planning and Zoning Commission may recommend to the City Council
denial of the Special Use PermitJVariance request.
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Page Three
Special Use PermitlVariance - Area Identification Sign
Meadowlark Heights
The Commission must find that the request does not meet the requirements as
stated in the Zoning Ordinance.
3) The Planning and Zoning Commission may table the item pending further
information from staff or the applicant.
STAFF RECOMMENDATION
Staff recommends approval of the Special UseNariance request with the following
conditions:
1) The Special Use Permit shall be subject to a sunset clause as defined in Ordinance
No.8, Section 5.03(D).
2) The Special Use Permit shall be subject to annual review by staff.
o
3)
The applicant execute a written agreement for the maintenance of the sign.
4) The placement of the sign complies with the site triangle requirements as stated in
Ordinance No.8, Section 4,06 - Permitted Encroachments and is placed ten (10)
feet or more from all property lines.
5) The applicant shall receive Sign Permit approval from the City prior to
installation,
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RESOLUTION NO.
A RESOLUTION GRANTING THE SPECIAL USE PERMITN ARIANCE REQUEST
OF SCOTT LENNES, INC. TO ALLOW FOR THE INSTALLATION OF ONE (1)
AREA IDENTIFICATION SIGN PURSUANT TO ORDINANCE NO.8, SECTION
8.07(D)(2)(h) AND TO VARY FROM THE PROVISIONS STATED IN ORDINANCE
NO. 10, SECTION 8.04(K) WHICH REQUIRES THAT SPECIAL USE PERMITS FOR
AREA IDENTIFICATION SIGNS BE APPLIED FOR IN CONJUNCTION WITH THE
PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS STATED IN
THE ZONING ORDINANCE ON THE PROPERTY LOCATED AT 97 154TH
AVENUE NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 1, MEADOWLARK
HEIGHTS SUBDIVISION.
~
WHEREAS, Scott Lemles Inc, has requested a Special Use PermitlVariance to allow for
the installation of one (1) area identification sign pursuant to Ordinance No.8, Section
8,07(D)(2)(h) and to vary from the provisions as stated in Ordinance No.1 0, Section
8,04(K) which requires that Special Use Permits for area identification signs be applied
for in conjunction with the preliminary plat in accordance with the provisions stated in
the Zoning Ordinance on the property located at 97 1 54th Avenue NW, legally described
as Lot 1, Block 1, Meadowlark Heights subdivision.
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that the request meets the criteria in Ordinance No.8, Sections 5.03 (Special
Uses) and 5.04 (Variances); and
WHEREAS, the Plamling 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 Special Use PermitlVariance 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 PermitlVariance on said property with the following conditions:
1.
The Special Use Permit shall be subject to a sunset clause as defined in Ordinance
No.8, Section 5.03(D).
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Page Two
Resolution
2. The Special Use Permit shall be subject to annual review by staff.
3. The applicant shall execute a written agreement for the maintenance of the sign.
4. The placement of the sign shall comply with the site triangle requirements as
stated in Ordinance No.8, Section 4.06 and is placed ten (10) or more feet from
all property lines.
5. The applicant shall receive Sign Permit approval prior to the installation of the
Sign.
Adopted by the City Council ofthe City of Andover on this _ day of
1997,
ATTEST:
CITY OF ANDOVER
Victoria V olk, City Clerk
J. E. McKelvey, Mayor
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
SPECIAL USE PERMIT
, J
Property Address
97 /$",/ rH A VG',.J<<G' III tV
Legal Description of Property:
(Fill in whichever is appropriate);
Lot
1
Block
1
Addi tion Meadowlark Heights
PIN R2"i.32. 2'1 /'I "003
(If metes and bounds, attach
the complete legal
description. )
Is the property: Abstract x or Torrens ? (This
information must be provided and can be obtained from the
County. )
-----------------------------------------------------------------
Reason for Request
Development entrance monument for Meadowlark Heights.
O~PI"'/1NC6 8
Section of Ordinance 5t:CTtON ~.()7 Current Zoning Residential
-----------------------------------------------------------------
Name of Applicant
Scott Lennes, Inc.
Address 13627 Lexington Ave. NE, Ham Lake, MN 55304
Home Phone
Signature
Business Phone
612-689-6105
~ , President
Date
~/2-V7/
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Property Owner (Fee Owner)
(If different from above)
SAME
Address
Home Phone
Business Phone
/
Signature
Date
-----------------------------------------------------------------
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SPECIAL USE PERMIT
PAGE 2
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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; dimension 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 $200.00
Residential ($150,0{)) ~
Amended SUP $100.00 ~
Recording Fee
Abstract property 625.Q!)
Torrens property $40.00
Date Paid 512:'> l'i '7
041 37 t. A fl ;?{jc Af)#f/,[::a
Of/137? /l,/":
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Receipt #
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Rev. 5-06-93:d'A
5-04-94:bh
2-01-95:bh
3-22-95:bh
9-30-96:bh
1-07-97: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.
. .
Ordinance No.8, Section
\
)
5.03 Special (Conditional) Uses General Statement
(A) Special Use Permits may be granted or denied in any
district by action of the City Council.
The Andover City Clerk shall maintain a record of all Special
Use Permits issued including information on the use,
location, conditions imposed by the City Council, time
limits, review dates, and such other information as may be
appropriate. A copy of the Special Use Permit shall also be
filed with the Building Inspector.
Any change involving structural alteration, enlargement,
intensification of use, or similar change not specifically
permitted by the Special Use Permit shall require an amended
Special Use Permit and all procedures shall apply as if a new
permit were being issued.
\
)
All uses existing at the time of adoption of this Ordinance
and automatically granted a Special Use Permit, shall be
considered as having a Special Use Permit which contains
conditions which permits the land use and structures as they
existed on said date and any enlargements, structural
alteration, or intensification of use shall require an
amended Special Use Permit as provided for above.
Certain uses, while generally not suitable in a particular
zoning district, may, under some circumstances be suitable.
When such circumstances exist, a Special Use Permit may be
granted. Conditions may be applied to issuance of the permit
and a periodic review of the permit may be required. The
permit shall be granted for that particular use and not for a
particular person or firm. The cancellation of a Special Use
Permit shall be considered administratively equivalent to a
rezoning and the same requirements and procedures shall
apply.
(B) Criteria For Granting Special Use Permits:
In granting a Special Use Permit, the City Council shall
consider the advice and recommendation of the Planning
Commission and:
the effect of the proposed use upon the health, safety,
morals and general welfare of occupants of surrounding
lands,
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.
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If it shall determine by Resolution that the proposed use:
will not be detrimental to the health, safety, morals,
or general welfare of the community
Page 42
urOlnance No.8, Section
nor will cause serious traffic congestion nor hazards,
nor will seriously depreciate surrounding property
values, and
, /
that said use is in harmony with the general purpose and
intent of this Ordinance and the Comprehensive Plan,
the City Council may grant such permits.
(1) In-home beauty salons/barber shops shall be subject
to the following:
a. One (1) chair salon/barber only
b. The hours of operation shall be approved by the
City Council.
c. Parking requirements shall be as set out in
Ordinance No.8, Section 8.08.
d. The salon/shop must comply with the State
Cosmetology Board and the State Barbers Board
requirements.
'\
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e. In non-sewered areas, the septic system must be
in compliance with Ordinance No. 37, the On-Site
Septic System Ordinance. A beauty shop/barber shop
shall be considered the equivalent to one (1)
bedroom in terms of usage under Ordinance No. 37.
f. The Special Use Permit shall be subject to an
annual review.
g. The beauty shop/barber shop shall be owner
occupied.
h. Upon sale of the premises for which the Special
Use Permit is granted, such Permit shall terminate.
i. Drawings detailing the salon/shop shall be
submitted at the time of the request for the
Special Use Permit.
j. In non-sewered areas, a minimum of 39,000
square feet of lot size shall be required.
k. In non-sewered areas, the septic system shall
be inspected annually before the Special Use Permit
is reviewed. (8Q, 5-4-82)
(2), Retail Sho~ping in Industrial Districts shall be
subject to the allowing: '
a. The Special Use Permit shall be subject to an
annual review.
/
b. Detailed drawings of the building to be used or
converted shall be submitted.
Page 43
ULu~nance NO. ~, Sect~on
c. The use that the Retail Shopping is to be put
shall be stated.
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d. Parking requirements shall be as set out in
Ordinance No.8, Section 8.08.
e. A general inventory shall be provided along
with other items determined necessary by the City
Council. (8R, 7-6-82; 8YY, 11-03-88))
(C) Procedure:
(1) The person applying for a Special Use Permit shall
fill out and submit to the Clerk a "Request for Special
Use Permit form" together with a fee as set by City
Council resolution. An additional fee as set by Council
Resolution may be required for each meeting in excess of
two (2), which is necessary because of incomplete
information or changes in the petition.
,
)
(2) The Clerk shall refer the application to the
Planning Commission. Property owners and occupants
within three hundred fifty (350') feet of the property
in question shall be notified at least ten (10) days
prior to the Planning Commission meeting, although
failure of any property owners or occupants to receive
such notification shall not invalidate the proceedings.
Notification shall be by mail. The petitioner shall be
required to submit a list of the property owners and
occupants within three hundred fifty (350') feet as part
of the petition. (8A, 2-14-75; 8FFF, 12-06-88)
(3) The Planning Commission shall consider the petition
at its next regular meeting, but not earlier than seven
(7) days from date of submission to the Planning
Commission.
(4) The petitioner or his representative shall appear
before the Planning Commission in order to answer
questions concerning the proposed Special Use Permit.
(5) The report of the Planning Commission shall be
placed on the agenda of the City Council in the
following manner:
a. Recommendations from the Planning Commission
meeting held on the second Tuesday shall be placed
on the agenda of the City Council no later than
their first Tuesday meeting of the following month.
)
b. Recommendations from the Planning Commission
meeting held on the fourth Tuesday shall be placed
on the agenda of the City Council na later than
their third Tuesday meeting of the following month,
unless there are five (5) Tuesdays in the given
month from which the recommendation of the Planning
Commission is made, in which case the
recommendation shall be placed on the agenda of the
City Council no later than their first Tuesday
meeting of the following month. (8FFF, 12-06-88)
Page 44
VL.U.LUdUC~ l'4U. 0, .::,eCCIOn
\
)
(6) The City Council must take action on the
application within sixty (60) days after receiving the
report of the Planning Commission. If it grants the
Special Use Permit, the City Council may impose
conditions (including time limits) it considers
necessary to protect the public health, safety and
welfare, and such conditions may include a time limit
for the use to exist or operate.
(7) An Amended Special Use Permit application shall be
administered in a manner similar to that required for a
new special use permit except that the fee shall be as
set by City Council resolution. Amended Special Use
permits shall include re-applications for permits that
have been denied, requests for changes in conditions,
and as otherwise described in this Ordinance.
(8) No application for a Special Use Permit shall be
resubmitted for a period of one (1) year from the date
of said order of denial.
(9) When a Special Use Permit may be of general
interest to the Community or more than the adjoining
owners, the Planning Commission may hold a public
hearing and the Special Use Permit shall be reviewed
with notice of said hearing published at least ten (10)
days prior to the hearing.
(D) Special Use Permit Sunset Clause
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If the City Council determines that no significant progress
has been made in the first twelve (12) months after the
approval of the Special Use Permit, the permit will be null
and void. (8LLL, 4-17-90)
5.04 Variances and Appeals
Where there are practical difficulties or unnecessary hardships in
any way of carrying out the strict letter of the provisions of
this Ordinance, an appeal may be made and a variance granted. The
hardships or difficulties must have to do with the characteristics
of the land and not the property owner.
The procedure for granting variances is as follows:
(A) A person desiring a variance shall fill out and submit
to the City Clerk a "Request for Variance form" together with
a fee as set by City Council resolution if the variance
request involves single-family residential. All other
requests shall have a fee as set by City Council Resolution.
( 800, 2-18-86)
(S) The application shall be referred to the Planning
Commission which shall submit a report to be placed on the
agenda of the City Council in the following manner:
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(1) Recommendations from the Planning Commission meeting
held on the second Tuesday shall be placed on the agenda
of the City Council no later than their first Tuesday
meeting of the following month.
Page 45
..<~' j .II.
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VARIANCE REQUEST FORM
CITY of ANDOVER
Property Address
97 /s'/ rll AVE#UE N tAl
Legal Description of property:
(Fill in whichever is appropriate):
Lot 1
Block
1
Addi tion Meadowlark Heights
plat Parcel PIN R24 32 24Ll4 0003
(If metes and bounds, attach the complete legal)
-----------------------------------------------------------------
Description of Request Development entrance monument for Meadowlark Heights.
Specific Hardship
Not requested when Preliminary Plat was approved.
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Section of Ordinance
8.04K, Ordinance 10 Current Zoning Residential
-----------------------------------------------------------------
Name of Applicant
Scott Lennes, Inc.
Address
13627 Lexington Ave. NE, Ham Lake. MN 55304
Home Phone 612-784-5012 Business Phone
Signature ~~ . President Date
612-689-6105
S-/2.}/:; 7
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Property Owner (Fee Owner)
(If different from above)
SAME
Address
Home Phone
Business Phone
Signature
Date
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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 existing
structures within 100 feet.
Date Paid
Receipt #
~/~7
,dZ~
2. Application Fee: Single Family
Other Requests
$100.00
$125.00
Rev,I-07-92:d'A
5-23-94:bh
1-07-97:bh
Res. 179-91 (11-05-91)
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/
CRITERIA 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.
'.
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....._,i
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304 . (612) 755-5100
NOTICE OF PUBLIC HEARING
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
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 June 1 0, 1997 at Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, MN to review the Special Use
Permit request of Scott Lennes, Inc. to erect an area identification sign on the property
located at 97 I 54th Avenue NW, legally described as Lot I, Block 1, Meadowlark
Heights.
All written and verbal comments will be received at that time and location.
A copy of the application will be available at City Hall for review prior to said meeting.
Lt--~ I./i'l
Victoria V olk, City Clerk
Publication Dates:
May 30,1997 and June 6,1997.
PIN: 193223220005
BODINSKl ADAM J & DONNA M
I "~15 UNIVERSITY AVE NE
, ,
, _.1 LAKE MN 55304
PIN: 193223230003
EPPENBERGER BRADLEY D & JANET
15442 3RD ST NE
HAM LAKE MN 55304
PIN: 193223230004
HACKETI KEVIN & SHANNON
39 154TII AVE NE
HAM LAKE MN 55304
PIN: 193223230005
WOODCOCK RANDY R & SUSAN M
15455 UNIVERSITY AVE NE
HAM LAKE MN 55304
PIN: 193223230006
ULFERTS JEFFREY M & DONNA L
15460 3RD ST NE
HAM LAKE MN 55304
PIN: 193223230015
SCAVO MICHAEL F & ANTHONY M
44154TIIAVENE
HAM LAKE MN 55304
PIN: 193223230016
WENBERG DAVID P & PAlRICIA S
142 154TII AVE NE
HAM LAKE MN 55304
PIN: 193223310003
HOFFMAN WARREN A & DIANE M
15740 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224110003
ENGSTROM GEORGE H & P J
15510 UNIVERSITY AVE NW
ANDOVER MN 55304
PIN: 243224110010
WEST ROBERT & WEST SHEILA M
15570 UNIVERSITY AVE NW
ANDOVER MN 55304
/
PIN: 243224140001
ERICKSON REUBEN E & MARY M
15486 UNIVERSITY AVE NW
ANDOVER MN 55304
PIN: 243224140003
SCOTI LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224140004
SCOTI LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224140005
SCOTI LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224140008
SCOTI LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224140009
SCOTI LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224140011
SCOTI LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224140012
SCOTI LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
, ) 243224140013
SCOTI LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
"
/
Parcel Search
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ANOKA COUNTY G.I.S.
2100 3RD AVENUE ANOKA, MN 55303
5/23/97
OFFICE: 6121422.7508 FAX: 6121422-7507
I PIN: 193223220005 BODINSKI ADAM J & DONNA M
15515 UNIVERSITY AVE NE
HAM LAKE MN 55304
PIN: 193223230003 EPPENBERGER BRADLEY D & JANET
15442 3RD ST NE
HAM LAKE MN 55304
PIN: 193223230004 HACKETT KEVIN & SHANNON
39 154TH AVE NE
HAM LAKE MN 55304
PIN: 193223230005 WOODCOCK RANDY R & SUSAN M
15455 UNIVERSITY AVE NE
HAM LAKE MN 55304
PIN: 193223230006 ULFERTS JEFFREY M & DONNA L
15460 3RD ST NE
HAM LAKE MN 55304
PIN: 193223230015 SCAVO MICHAEL F & ANTHONY M
44154TH AVE NE
HAM LAKE MN 55304
PIN: 193223230016 WENBERG DAVID P & PATRICIA S
142 154TH AVE NE
HAM LAKE MN 55304
, PIN: 193223310003 HOFFMAN WARREN A & DIANE M
15740 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224110003 ENGSTROM GEORGE H & P J
15510 UNIVERSITY AVE NW
ANDOVER MN 55304
PIN: 243224110010 WEST ROBERT & WEST SHEILA M
15570 UNIVERSITY AVE NW
ANDOVER MN 55304
PIN: 243224140001 ERICKSON REUBEN E & MARY M
15486 UNIVERSITY AVE NW
ANDOVER MN 55304
PIN: 243224140003 SCOTT LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224140004 SCOTT LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224140005 SCOTT LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224140008 SCOTT LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
ANOKA COUNTY GJ.S. 5/23/97
2100 3RD AVENUE ANOKA, MN 55303 OFFICE: 612/422-7508 FAX: 612/422-7507
PIN: 243224140009
SCOTT LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE
SCOTT LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE
SCOTT LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE
SCOTT LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE
MN
55304
PIN: 243224140011
MN
55304
PIN: 243224140012
MN
55304
PIN: 243224140013
MN
55304
2
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
'\
DATE: July 1. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Planning
Jeff Johnson
ITEM NO.
Approve Ordinance No, 224
Establishing an Industrial User Strength Charge
/3.
The City Council is asked to review and approve Ordinance No. 224 - An Ordinance Establishing an
Industrial User Strength Charge.
This ordinance was reviewed at the June 10, 1997 Planning and Zoning Commission meeting. No major
\ changes were made to this ordinance.
J
Regular Andover Planning and Zoning Ccrr~ission Meeting
t'Yii!lutes - June 10, 1997
Pa2e 9
i
(Public Hearing: Special Use Permit/Variance - Area Identification Sign
- Meadowlark Heights, Continued)
MOTION by Barry, Seconded by Apel, to forward to the City Council
approval of the Resolution as presented granting the Special Use
Permit/Variance request of Scott Lennes, Inc., to allow for the
installation of one area identification sign. Motion carried on a 5-
Yes, 2-Absent (Gamache, Peek) vote. This will be placed on the July 1,
1997, City Council agenda. 9:06 p.m.
nORDINANCE REVIEW - ORDINANCE NO. 224, REGULATING USER STRENGTH CHARGES
(j./ Mr. Johnson stated no changes were made to this ordinance. It was
rewritten and renumbered. The Commission had no comment.
ORDINANCE REVIEW - ORDINANCE NO. 225, REGULATING AUTO RECYCLING YARDS
Mr. Johnson stated no changes were made in this ordinance. In reviewing
it, Staff has found it to be very effective as written. The Commission
had no comment.
'. ORDINANCE REVIEW - ORDINANCE NO. 227, REGULATING THE SALE OF CIGARETTES
, I
Mr. Johnson explained only minor language changes were made to this
ordinance. Acting Chairperson Squires suggested the Staff check on the
State law, as new legislation has been passed this last session giving
cities more power and control over regulating tobacco sales. It's
possible some of that should be added to this ordinance. Commissioner
Barry also noted that some cities no longer license cigarette machine~
and only license establishments where the cigarettes are not accessible.
There was also a brief discussion on the penalties for violating the
ordinance. Staff stated all the City can do is revoke or suspend the
license. They will do further research on the State law and on what
other communities are doing.
ORDINANCE REVIEW - ORDINANCE NO. 228, REGULATING SWIMMING POOLS
Mr. Johnson explained the Building Official reviewed the ordinance and
suggested a change on Page 2, Section 3, No.4. Add to the sentence,
"on-site sewer system or area designated as an alternate drainfield
area." The ordinance was also updated to reference the current Building
Code.
, I
The Commission asked if there is a problem with draining pools into the
sanitary sewer system. Mr. Carlberg didn't believe that was an issue in
Andover. Commissioner Wells felt a four-foot fence is short.
Commissioner Wells commented many insurance companies require a higher
fence. Mr. Johnson pointed out it is only a minimum to keep toddlers
out of the pool area. There was no further Commission comment.
\
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 224
An Ordinance repealing Ordinance No. 41 adopted September 8, 1977.
AN ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE
IN ADDITION TO THE CHARGE BASED UPON THE VOLUME OF DISCHARGE
BY AN INDUSTRIAL STRENGTH CHARGE FORMULA FOR THE
COMPUTATION THEREOF TO RECOVER OPERATION AND MAINTENANCE
COSTS OF WASTE TREATMENT SERVICES ATTRIBUTABLE TO THE
STRENGTH OF THE DISCHARGE OF INDUSTRIAL WASTE INTO THE SEWER
SYSTEM AND ESTABLISHING TAX LIEN AGAINST PROPERTY SERVED IN
CONNECTION WITH SUCH STRENGTH CHARGE IN THE CITY OF ANDOVER.
The City Council ofthe City of Andover hereby ordains as follows:
Section 1.
Purpose.
"
The Metropolitan Waste Control Commission, a metropolitan commission organized and
existing under the laws of the State of Minnesota (the "Commission"), in order to receive
and retain grants in compliance with the Federal Water Pollution Control Act
Amendments of 1972 and regulations thereunder (the "Act"), has determined to impose
an industrial user sewer strength charge upon users in the Metropolitan Disposal System
(as defined in Minnesota Statutes, Section 473.21, Subd. 24) to recover operation and
maintenance costs of treatment works attributable to the strength of the discharge of
industrial waste, such sewer strength charge being in addition to the charge based upon
the volume of discharge. In order for the City to pay such costs based upon the strength
of industrial discharge and allocated to it each year by the Commission, it is hereby
found, determined and declared to be necessary to establish sewer strength charges and a
formula for the computation thereof for all industrial users receiving waste treatment
services within or served by the City. Furthermore, Minnesota Statutes, Section 444.075,
Subd. 3, empowers the City to make such sewer charge against the owner, lessee,
occupant, or all of them and certify unpaid charges to the County Auditor as a tax lien
against the property served.
. /
Section 2.
Establishment of Strength Charges.
"
For the purpose of paying the costs allocated to the City each year by the Commission
that are based upon the strength of discharge of all industrial users receiving waste
treatment services within or served by the City, there is hereby approved, adopted and
1
established, in addition to the sewer charge based upon the volume of discharge, a sewer
charge upon each person, firm, or corporation receiving waste treatment services within
or served by the City, based upon strength of industrial waste discharged into the sewer
system in the City (the "Strength Charge"),
Section 3.
Establishment of Strength Charge Formula.
F or the purpose of computation of the Strength Charge established in Section 2 hereof,
there is hereby established, approved and adopted in compliance with the Act, the same
strength charge formula designated in Resolution No. 76-172 and Resolution No. 76-173
adopted by the governing body of the Commission, such formula being based upon
pollution qualities and difficulty of disposal ofthe sewage produced through an
evaluation of pollution qualities and quantities in excess of an annual average base and
the proportionate costs of operation and maintenance of waste treatment services
provided by the Commission,
Section 4.
Strength Charge Payment.
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J
It is hereby approved, adopted and established that the Strength Charge established in
Section 2 hereof shall be paid by each industrial user receiving waste treatment services
and subject thereto before the twentieth (20th) day succeeding the date of billing thereof
to such user by or on behalf of the City, and such payment thereof shall be deemed to be
delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby
established, approved and adopted that if such payment is not paid before such date an
industrial user shall pay interest compounded monthly at the rate of two-thirds of one
percent (2/3%) per month on the unpaid balance due.
Section 5.
Establishment of Tax Lien.
As provided by Minnesota Statutes, Section 444.075, Subd, 3, it is hereby approved,
adopted and established that if payment of the Strength Charge established in Section 2
hereof is not paid before the sixtieth (60th) day next succeeding the date of billing thereof
to the industrial user by or on behalf ofthe City, said delinquent sewer strength charge,
plus accrued interest established pursuant to Section 4 hereof, shall be deemed to be a
charge against the owner, lessee and occupant of the property served, and the City or its
agent(s) shall certify such unpaid delinquent balance to the County Auditor with taxes
against the property served for collection as to other taxes are collected; provided,
however, that such certification shall not preclude the City or its agent(s) from recovery
of such delinquent sewer strength charge and interest thereon under any other available
remedy.
2
Section 6.
Severability.
In the event any provision of this ordinance shall be held invalid or unenforceable by any
court of competent jurisdiction, such holding shall not invalidate or render unenforceable
any other provisions hereof.
Adopted by City Council of the City of Andover on this ~ day of 00, 1997.
ATTEST:
CITY OF ANDOVER
Victoria V olk, City Clerk
J. E. McKelvey, Mayor
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3
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.4l
j
AN ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE
IN ADDITION TO THE CHARGE BASED UPON THE VOLUME OF DISCHARGE
BY AN INDUSTRIAL USER AND ESTABLISHING Al"\f INDUSTRIAL USER
STRENGTH CHARGE FORMULA FOR THE COMPUTATION THEREOF TO
RECOVER OPERATION AND MAINTENANCE COSTS OF WASTE TREATMENT
SERVICES ATTRIBUTABLE TO THE STRENGTH OF THE DISCHARGE OF
INDUSTRIAL WASTE INTO THE SEWER SYSTL'vI AND ESTABLISHING TAX
LIEN AGAINST PROPERTY SERVED IN CONNECTION WITH SUCH STRENGTH
CHARGE IN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains:
Section 1 - Recitals
\
,
The Metropolitan W d.ste Control Commission, a metropolitan commis sion organized
and existing under the laws of the State of Minnesota (the'Commission'J, in order to
receive and retain grants in compliance with the Federal Water Pollution .control
Act Amendments of 1972 and regulations therennder (the "Act':), has determined
to impose an industrial user sewer strength charge upon users in the Metropolitan
Disposal System (as defined in Minnesota Statutes, Section 473.21, subd. 24)
to recover operation and maintenance costs of treatment works attributable to the
strength of the discharge of industrial waste, such sewer strength charge being in
addition to the charge based upon the volume of discharge. In order for the City
to pay such costs based upon strength of industrial discharge and allocated to it
each year by the Commission, it is hereby found, determined and declared to
be neces sary to establish sewer strength charges and a formula for the computation
thereof for all industrial users receiving waste treatment services within or
served by the City. Furthermore, Minnesota Statutes, Section 444.075, Subd. 3,
empowers the City to make such sewer charge against the owner, les see, occupant,
or all of them and certify nnpaid charges to the county auditor as a tax lien against
the property served.
Section 2- Establishment of Strength Charges.
For the purpose of paying the costs allocated to the City each year by the Commission
that are based upon the strength of discharge of all industrial users receiving waste
treatment services within or served by the City, there is hereby approved, adopted
and established, in addition to the sewer charge based upon the volume of discharge,
a sewer charge upon each person, company, or corporation receiving waste
treatment services within or served by the City, based upon strength 6f industrial
waste discharged into the sewer system in the City (the "Strength Charge").
)
Strength Charge Ordinance - Page 2
Section 3 - Establishment of Strength Charge Formula
) For the purpose of computation of the Strength Charge established in Section 2
hereof, there is hereby established, approved and adopted in compliance with
the Act, the same strength charge formula designated in Resolution No. 76-172
and Resolution No. 76 -173 adopted by the"governing body of the Commission,
such formula being based upon pollution qualities and difficulty of disposal of the
sewage produced through an evaluation of pollution qualities and quantities in excess
of an annual average base and the proportionate costs of operation and maintenance
of waste treatment services provided by the Commission.
Section 4 - Strength Charge Payment
It is hereby approved, adopted and established that the Strength Charge established
in Section 2 hereof shall be paid by each industrial user receiving waste treatment
services and subject thereto before the twentieth (20th) day next succeeding the
date of billing thereof to such user by or on behalf of the City, and such payment
thereof shall be deemed to be delinquent if not so paid to the billing entity before
such date. Furthermore, it is hereby established, approved and adopted that if
such payment is not paid before such date an industrial user shall pay interest
compounded monthly at the rate of two-thirds of one percent (2/3%) per month on
the unpaid balance due.
Section 5 - Establishment of Tax Lien
\
"
As provided by Minnesota Statutes, Section 444.075, Subd. 3, it is hereby approved,
adopted and established that if payment of the Strength Charge established in
Section 2 hereof is not paid before the sixtieth (60th) day next succeeding the date
of billing thereof to the industrial user by or on behalf of the City, said delinquent
sewer strength charge, plus accrued interest established pursuant to Section 4
hereof, shall be deemed to be a charge against the owner, lessee and occupant
of the property served, and the City or its agent shall certify such W1paid delinquent
balance to the cOW1ty auditor with taxes against the property served for collection
as other taxes are collected; provided, however, that such certification shall
not preclude the City or its agent from recovery of such delinquent sewer strength
charge and interest thereon under any other available remedy.
Section 6 - Severability
In the event any provision of this ordinance shall be held invalid or W1enforceable
by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provisions hereof.
Section 7 - Effectiveness
This ordinance shall take effect immediately upon passage and publication.
,
.' Adopted by the City COW1cil of the City of Andover this 8th day of September , 1977
~TTEST: . 0 1./. IJ 1:7-1-4
. -/' t ~ ~
1. . _ 'y Clt:LR Je(jy Witds.chitl - Mayor .
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, )
DATE: July 1. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Planning
Jeff Johnson
ITEM NO.
Approve Ordinance No. 226
Regulating Auto Recycling Yards
/4.
The City Council is asked to review and approve Ordinance No. 226 - An Ordinance Regulating Auto
Recycling Yards.
This ordinance was reviewed at the June 10, 1997 Planning and Zoning Commission meeting. No major
changes were made to this ordinance.
/
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 226
AN ORDINANCE REGULATING AND LICENSING JUNKY ARD DEALERS AND
AUTO RECYCLING YARDS AND DEALERS IN THE CITY OF ANDOVER.
The City Council of Andover hereby ordains as follows:
Section 1.
Definitions.
Except where otherwise indicated by the context, the following definitions shall apply in
the interpretation and enforcement of this ordinance:
Automotive Recvclables
and/or Junk-
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J
shall mean motor vehicles in whole or part, no longer used
as such, to be used for scrap metal or stripping of parts; old
iron, steel, brass, copper, tin, lead, or other base metals; old
cordage, ropes, rags, fibers, or fabrics; old rubber; old
bottles or other glass; bones; wastepaper and other waste or
discarded material which might be foregoing; but 'junk"
shall not include materials or objects accumulated by a
person as by-products, waste, or scraps from the operation
of the business or materials or objects held and used by a
manufacturer as an integral part of the manufacturing
processes.
Automobile Recvcling
Dealer and/or Junk Dealer - shall mean a person who operates an automotive recycling
yard and/or junkyard within the City.
Automobile Recvcling
Yard and/or Junkyard -
\,
I
shall mean a yard, lot or place, covered or uncovered,
outdoors or in an enclosed building, containing automotive
recyclables and/or junk as defined in this ordinance, upon
which occurs one or more acts of buying, keeping,
dismantling, processing, selling, or offering for sale any
such automobile recyclables and/or junk, in whole units or
by parts, for a business or commercial purpose, whether or
not the proceeds from such act or acts are to be used for
charity.
Natural Screening -
shall mean densely planted vegetation, berming or
topography which, at all times, prevents visual contact with
stored materials from adjacent businesses, residences,
public roadways or public lands,
)
Person -
shall mean any person, firm, partnership, association,
corporation, company, or organization of any kind.
Security Fence -
shall mean an unclimbable fence with a minimum height of
six (6) feet, the purpose of which is to discourage theft and
uncontrolled entry.
Section 2.
License Required.
No person, firm or corporation shall engage in the occupation of an automotive recycling
yard and/or junkyard or automobile recycling dealer and/or junkyard dealer without first
having secured a Special Use Permit and a license in a manner hereinafter set forth.
Section 3.
Application.
All applicants desiring to secure a license, shall make a written application to the City
Clerk, upon forms supplied by the City, accompanied with a fee set by City Council
resolution.
In addition to the above requirement, the applicant shall file with the City Clerk policies
of public liability and property damage insurance which shall remain in force and effect
during the entire term of said license and which shall contain a provision that they shall
not be canceled without ten (10) days written notice to the City. Liability requirements
shall comply with the limits required by State Statute. No license shall be granted until
said insurance policies have been filed and approved by the City,
No license shall be issued until the applicant has executed under the City of Andover and
deposited with the City Clerk a corporate surety bond approved by the City Clerk in the
sum of five thousand ($5,000) dollars guaranteeing the compliance with the provisions of
this ordinance. Such bond shall remain in force and must be executed for a period of one
(1) year except that on such expiration it shall remain in force as to all penalties, claims,
and demands that may have occurred thereunder prior to such expiration.
Applications for an automotive recycling yard and/or junkyard license shall be filed with
the City Clerk and shall be reviewed and subject to approval or denial by the majority
vote of the City Council within sixty (60) days ofthe application date.
/
2
Section 4.
General Operating Requirements.
J
The following general operating requirements shall apply to all automotive recycling yard
and/or junkyard dealers licensed in accordance with the provisions of this ordinance:
1) The automotive recycling yard and/or junkyard, together with items kept
therein, shall at all times be maintained in a sanitary condition.
2) No space not covered by the license shall be used in the licensed business.
3) No garbage or other waste liable to give off a foul odor or attract vermin
shall be kept on the premises,
4) No automotive recyclables and/or junk shall be placed or plied within
forty (40) feet of the traveled portion of any public street, walkway, or
curb, or allowed to be blown off the business premises.
5) Automotive recyclables and/or junk shall not exceed the height of the
fence, except for snow accumulation and shall be arranged to permit easy
access to all automobile recyclables and/or junk for fire fighting purposes,
6)
No combustible material of any kind not necessary or beneficial to the
licensed business shall be kept on the premises nor shall be allowed to
become a fire hazard.
"
7) All fluids and gasses shall be removed and disposed of in an approved
manner from any scrapped engines or scrapped vehicles on the premises.
8) No processing of automotive recyclables and/or junk or any other noisy
activity shall be carried on in connection with the licensed business on
Sunday, any legal holiday, or at any time between the hours of 6:00 P.M.
and 7:00 A.M.
9) The license shall at all times retain on file and shall permit inspection, by a
member of the Andover City Councilor its authorized representative, one
of the following:
a) A copy of the Bill of Sale or Title Card or Dealer's Purchase
Receipt as prescribed by Minnesota Department of Public Safety
pursuant to Minnesota Statutes, with motor vehicle serial numbers
contained thereon, for each motor vehicle purchased by the
licensee within the previous thirty-six (36) months.
\
b)
A Dealer's Junk Report, which shall be filed with the State each
month.
3
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c)
The name, address and telephone number of each person who has
sold a motor vehicle to the licensee within the previous thirty-six
(36) months and attached thereto or filed therewith shall be the
license number ofthe motor vehicle the seller rode in when he/she
sold the motor vehicle to be junked and, in addition to the
foregoing, information shall be filed containing the description,
license number and serial number of the vehicle that was sold to
the licensee.
No automotive recycling yard and/or junkyard shall be allowed to become
a nuisance or shall be operated in such manner so as to become injurious
to the health, safety, or welfare of the community or of any residents close
by.
10)
Section 5.
Initial License Fees and Requirements.
The initial annual fee to be paid for any automobile recycling yard and/or junkyard
license application shall be set by City Council resolution.
In addition, the following requirements shall be met:
1)
\
"
Exterior Storage. Where automotive recyclables and/or junk is kept
outdoors, the area shall be enclosed by a solid vertical wall or fence of
uniform material and color which is at least six (6) feet high and a
maximum height of twelve (12) feet, said height to be consistent over any
adjacent residential or business properties, public roads or public lands as
measured from the street level. Where junk is piled, the height of the pile
shall not exceed the height of the fence.
Said fence shall be erected according to the following schedule:
a) Thirty (30) days following the approval of a Special Use Permit for
such purpose but prior to the issuance of the automotive recycling
yard and/or junkyard license, the property owner shall fence the
entire premises pursuant to the requirements of this ordinance,
During the period said license is in effect, the fence shall be kept in
adequate repair so as to comply with the intent of the ordinance.
b)
In addition to the fencing requirements, the licensee shall be
required to plant a living fence of evergreen trees or other suitable
species of plant approved by the City Council. Such living fence
shall require trees of at least four (4) feet in height at time of
planting and spaced not more than ten (10) feet apart. Such living
fence shall be maintained in good health and any plant which dies
or is destroyed shall be replaced by May 1st of the following year,
4
)
A living fence shall be planted on the portion of the property
abutting a public street or adjacent property which is zoned R-l,
R-2, R-3, R-4, R-5, M-l, M-2 or developed under a Planned Unit
Development (PUD).
2)
Variances.
a) The City Council may grant a variance from the fencing provisions
of this ordinance for one of the following reasons:
1) The portion of the property abuts another automobile
recycling yard and/or junkyard.
2) The portion ofthe property which has sufficient natural
screening. A variance for natural screening would require a
security fence for the purpose of safety. Fencing shall be a
nonclimbable fence with a minimum of six (6) feet in
height.
b)
Revocation of Variance: If screening changes in such a manner
that stored materials come into view of adjacent residences,
businesses, public roads and public lands, the variance will be
revoked immediately and the applicant has thirty (30) days from
date of notice to provide screening as in compliance with this
ordinance.
/
Section 6.
Renewal of License and Requirements.
The following requirements shall be met before a license is considered for renewal:
1) The annual fee for such license shall be paid to the City. The annual
renewal fee shall be set by City Council resolution. The license renewal
period shall be from July 1 through June 30 of each year.
2) Before renewal, the requirements of this ordinance shall have been
met or completed,
4) An additional fee as established by City Council resolution shall be
charged to automobile recycling dealers and/or junkyard dealers who do
not receive licensing approved by the City Council before July 1st of the
licensing year.
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5
Section 7.
Inspections.
/
The City Councilor its duly authorized representatives, shall inspect the automotive
recycling yard and/or junkyard of all dealers licensed under this ordinance at least once a
year to determine whether such yards are being operated in accordance with the
provisions of this ordinance and other applicable provisions oflaw. One such inspection
must have been made within two (2) months prior to renewal of any automotive recycling
and/or junkyard license.
The licensee shall permit inspection of the business premises by any member or
representative of the City Council at any time during business hours.
Each junk dealer shall display their license in a conspicuous place on the business
premIses.
Section 8.
Transferability.
'.
/
No license issued under this ordinance shall be transferred or used by any person other
than the one to whom it was issued except upon approval of the City Council. As a
prerequisite to said approval, the transferee must meet all qualifications required by this
ordinance of the original licensee. No automotive recycling and/or junkyard dealer
license shall be used at any location other than the one described in the application and
for which it was issued.
Section 9.
Hearing on Granting. Denial. Renewal. or Revocation of License.
Any person aggrieved by an Order of the City Council granting, denying, renewing,
suspending, or revoking a license for a proposed or existing business or activity subject to
the provisions ofthis ordinance, may file a written request for a hearing before the City
Council within ten (10) days after issuance of such hearing upon this request to be held in
not less than five (5) days after service of the notice on the person requesting the hearing.
The City Council may also give notice of the hearing to other persons directly interested
in the Order in question. At such hearing, the City Council shall determine whether the
granting, denial, renewal, suspension or revocation or the license was in accordance with
the provisions of this ordinance and shall issue a written Findings of Fact, Conclusions
of Law, and Order to carry out it's findings and conclusions. Those Findings of Facts,
Conclusions of Law, and Order shall be filed with the City Clerk and shall be mailed to
all interested parties appearing or represented at said hearing.
The City Attorney shall furnish such assistance and advice to the City Council as said
Council shall request.
, /
When the City Council determines that the public interest so requires, it may revoke or
suspend the license of any automotive recycling and/or junk dealer when it finds, after
due investigation and a public hearing, that:
6
I)
The licensee or any of the employees or agents have concealed the receipt
of stolen property or have knowingly received stolen property.
)
2) The licensee has failed to comply with the provisions of law applicable to
the premises, equipment or operation of the licensed business.
3) The licensee has obtained the license through fraud or misstatement.
4) The licensed business or activity is being conducted in a manner found to
be detrimental to the health, safety, or general welfare of the public or is a
nuisance, or is being operated or carried on in any unlawful manner.
5) The licensed business or activity has not been operated or carried on for a
period of six (6) months.
Section 10. Commercial Building Construction.
,
/
Not withstanding the fact that auto recycling yards are a non-conforming use within the
City of Andover, auto recycling yards in existence and licensed may be permitted to
construct a commercial building for the removal and temporary storage of fluids and
other environmentally hazardous materials from junked vehicles upon approval of plans
by the City and with concurrence of the appropriate Anoka County officials which permit
the storage and processing of hazardous materials under State and Federal guidelines.
The construction of other buildings for the storage of materials removed from junked
vehicles may be promoted under the following conditions:
1) Any buildings so constructed shall comply with all current applicable City
ordinances, standards and criteria at the time of said construction:
2) The amount of land area covered by all structures utilized by the non-
conforming use shall not be greater than allowed by this or other
ordinances of the City for said zoning district.
3) Outside storage of vehicle carcasses must be reduced by twice the square
footage of all structures upon completion of the structure. Such
reduction in the size of outdoor storage shall be permanent and must be
used for either customer parking lot area in accordance with the Zoning
Ordinance, open space/green space, berming and/or other planting of trees
or other shrubbery of a type and quantity approved by the City. A plan
shall be submitted and approved by the City prior to a building permit
being issued. The plantings must serve to screen the yard from public
view. Trees and shrubbery must be of such a quantity and size when
planted to assure coverage within a three (3) year period. Any
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7
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,
shrubbery or trees which die, must be replaced with the same type by the
next growing season.
4)
Should any buildings be destroyed or damaged by fire, flood, explosion,
earthquake, war, riot, or act of God beyond fifty (50%) percent of the fair
market value, as estimated by the Building Official, they may be
reconstructed or rebuilt within twelve (12) months of the destruction or
damage.
The construction of buildings by uses which are non-conforming shall be limited to
hazardous materials removal and parts storage. No other expansion or additional uses of
any kind are allowed.
The City shall be provided reasonable access to inspect and to certify that the term and
conditions of this Section of the ordinance are fully complied with, Failure to comply
with the conditions of this Section shall be cause for action by the City for revocation of a
license to operate within the City through procedures defined in this ordinance and as
prescribed by law.
Section 11. Compliance.
'\
Any person acting as an automotive recycling and/or junk dealer within the City of
Andover on the effective date of this ordinance shall have a period of ninety (90) days
after such effective date to comply with provisions of this ordinance.
Section 12. Penalty.
Any person violating any provision of this ordinance shall be guilty of a misdemeanor as
defined by State law and subject to the penalties thereof.
Section 13. Validity.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be unconstitutional, such decision shall not effect the validity of the remaining
portions of this ordinance.
Adopted by the City Council ofthe City of Andover on this _ day of
1997.
ATTEST
CITY OF ANDOVER
,
, /
Victoria Volk, City Clerk
J. E. McKelvey, Mayor
8
Regular Andover Planning and Zoning Commission Meeting
Minutes - June 10, 1997
Page 9
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(Public Hearing: Special Use Permit/Variance - Area Identification sign
- Meadowlark Heights, Continued)
"
MOTION by Barry, Seconded by Apel, to forward to the City Council
approval of the Resolution as presented granting the Special Use
Permit/Variance request of Scott Lennes, Inc., to allow for the
installation of one area identification sign. Motion carried on a 5-
Yes, 2-Absent (Gamache, Peek) vote. This will be placed on the July 1,
1997, City Council agenda. 9:06 p.m.
ORDINANCE REVIEW - ORDINANCE NO. 224, REGULATING USER STRENGTH CHARGES
Mr. Johnson stated no changes were made to this ordinance.
rewritten and renumbered. The Commission had no comment.
It was
ORDINANCE REVIEW - ORDINANCE NO. 226, REGULATING AUTO RECYCLING YARDS
~Mr Johnson stated no changes were made in this ordinance. In reviewing
~ it; Staff has found it to be very effective as written. The Commission
had no comment.
ORDINANCE REVIEW - ORDINANCE NO. 227, REGULATING THE SALE OF CIGARETTES
, I
Mr. Johnson explained only minor language changes were made to this
ordinance. Acting Chairperson Squires suggested the Staff check on the
State law, as new legislation has been passed this last session giving
ci ties more power and control over regulating tobacco sales. It's
possible some of that should be added to this ordinance. Commissioner
Barry also noted that some cities no longer license cigarette machine~
and only license establishments where the cigarettes are not accessible.
There was also a brief discussion on the penalties for violating the
ordinance. Staff stated all the City can do is revoke or suspend the
license. They will, do further research on ~he State law and on what
other communities are doing.
ORDINANCE REVIEW - ORDINANCE NO. 228, REGULATING SWIMMING POOLS
Mr. Johnson explained the Building Official reviewed the ordinance and
suggested a change on Page 2, Section 3, No.4. Add to the sentence,
"on-site sewer system or area designated as an alternate drainfield
area." The ordinance was also updated to reference the current Building
Code.
J
The Commission asked if there is a problem with draining pools into the
sanitary sewer system. Mr. Carlberg didn't believe that was an issue in
Andover. Commissioner Wells felt a four-foot fence is short.
Commissioner Wells commented many insurance companies require a higher
fence. Mr. Johnson pointed out it is only a minimum to keep toddlers
out of the pool area. There was no further Commission comment.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
, j
ORDINANCE NO. 44G
AN AMENDMENT TO ORDINANCE NO. 44, 44A-44F REGULATING AND LICENSING
AUTOMOTIVE RECYCLING YARDS AND/OR JUNKYARDS AND DEALERS and
REPEALING ORDINANCE NO. 9.
The City Council of the City of Andover does hereby ordain
that Ordinance No. 44 is amended as follows:
SECTION 1. DEFINITIONS.
\
)
1.2 "Automotive Recyclables" and/or "Junk" shall mean motor
vehicles in whole or ~art, no longer used as such, to be used for
scrap metal or stripplng of parts; old iron, steel, brass, copper,
tin, lead, or other base metals; old cordage, ropes, rags, fibers,
or fabrics; old rubber; old bottles or other glass, bones;
wastepaper and other waste or discarded material which might be
prepared to be used again in some form; and any or all of the
foregoing; but "junk" shall not include materials or objects
accumulated by a person as by-products, waste, or scraps from the
operation of his business or materials or objects held and used by
a manufacturer as an integral part of his own manufacturing
processes.
1.3 "Automotive Rec clin Yard" and/or "Junkyard"
+AH~e-ReaHe~%eR-Ya~ s a mean a yar, ot or place, covered or
uncovered, outdoors or in an enclosed building, containing
automotive recyclables and/or junk as defined above, upon which
occurs one or more acts of buying, keeping, dismantling,
processing, selling, or offering for sale any such automotive
recyclables and/or junk, in whole units or by parts, for a
bUSlness or commercial purpose, whether or not the proceeds from
such act or acts are to be used for charity.
1.4 "Automotive Recycling Dealer and/or Junk Dealer" shall
mean a person who operates an automotive recycling yard and/or
junkyard, as defined above, within the City.
1.5 "Natural Screening" shall mean densely planted
vegetation, berminfi or topography which, at all times, prevents
visual contact wit stored materials from Re~~Ree~~R~ adjacent
businesses, residences, public roadways or public lands. (44A,
12-04-79)
1.6 "Security fence" shall mean an unclimbab1e fence with a
minimum height of six (6') feet, the purpose of which is to
discourage theft and uncontrolled entry. (44A, 12-04-79)
SECTION 2. LICENSE REQUIRED.
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SECTION 3. APPLICATION.
3.1 All applicants desiring to secure a License, shall make a
written application to the City Clerk, upon forms supplied by the
City, accompanied with a fee set by ~fte City Council resolution.
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3.4
junkyard
reviewed
the City
Applications for a an automotive reCYClin~ yard and/or
License shall be filed with the City Cler and shall be
and subject to approval or denial by the majority vote of
Council within sixty (60) days of the application date.
SECTION 4. GENERAL OPERATING REQUIREMENTS.
The following general operating requirements shall apply to
all automotive recycling yard and/or junkyard dealers licensed in
accordance with the provisions of this ordinance:
4.1 The automotive rec~cling yard and/or junkyard, together
with things kept therein, s all at all times be maintained in a
sanitary condition.
4.4 No automotive recyclables and/or junk shall be placed or
piled within forty (40') feet of the traveled portion of any
public street, walkway, or curb, or allowed to be blown off the
business premises. --
'.
4.5 Automotive recyclables and/or junk shall not exceed ~eR-
+~gL+-~ee~-~R-fte~!ft~ the height of the fence, except for snow
accumulation and shall be arranged to permit easy access to all
automotive recyclables and/or junk for fire fighting purposes.
4.7 Saee~~Re-aRd-e~l All fluids and gasses shall be removed
and disposed of in an approved manner from any scrapped engines or
scrapped vehicles on the premises.
4.8 No processing of automotive recaclables and/or junk or
any other noisy activity shall be carrie on in connection with
the licensed business on Sunday, any legal holiday, or at any time
between the hours of 6:00 P.M. and 7:00 A.M.
)
4.9 The licensee shall at all times retain on file and shall
permit inspection, by a member of the Andover City Councilor its
authorized representative, of the following:
b. A Dealer's Junk Report, which shall be filed with the
state each month.
e c. The name, address and telephone number of each person
who has sold a motor vehicle to the licensee within the
previous thirty-six (36) months and attached thereto or filed
therewith shall be the license number of the motor vehicle the
seller rode in when he/she sold the motor vehicle to be junked
and, in addition to the foregoing, information shall be filed
containing the description, license number and serial number
of the vehicle that was sold to the licensee.
4.10 No automotive recycling yard and/or junkyard shall be
allowed to become a nuisance Re-j~R*ya~d or shall be operated in
such manner so as to become injurious to the health, safety, or
, / welfare of tEe community or of any residents close by.
SECTION 5. INITIAL LICENSE FEES AND REQUIREMENTS.
Page 2
The initial annual fee to be paid for any automotive recycling
yard and/or junkyard license application shall be set by Council
resolution. (44E, 1-05-82)
, j
In addition, the following requirements shall be met:
ht
Said fence shall be erected according to the following
schedule:
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)
a. Thirty (30) days following the approval of a Special
Use Permit for such purpose but prior to the issuance of the
Automotive Recyclinr Yard and/or Junkyard License, the
property owner shal fence the entire premises pursuant to the
requirements of this Ordinance. During the period said
License is in effect, the fence shall be kept in adequate
repair so as to comply with the intent of the Ordinance.
b. In addition to the fencing requirements, the licensee
shall be required to plant a living fence of evergreen trees
or other suitable species of plant approved by the City
Council. Such living fence shall require trees of at least
four (4') feet in height at time of planting and spaced not
more than ten (10') feet apart. S~eh-~iYiR~-~eRee-sha~~-Be-
~~aRtee-By-MaY-~T-~98~T Such living fence shall be maintained
in good health and any plant which dies or is destroyed shall
be replaced by May 1st of the following year. A living fence
Reea-eR~Y shall be planted on the portion of the property
abutting a public street or adjacent aroperty which is zoned
R-l, R-2, R-3, R-4, R-5, M-1, M-2 or eveloped under a planned
Unit Development (PUD). (44F, 2-02-82)
eT 5.2 Variances
~T a. The Council may grant a variance from the fencing
provisions of this Ordinance for one of the following
reasons:
aT1. The portion of the property whieh abuts another
automotive recycling yard and/or junkyard.
BT2. The portion of the property which has sufficient
natural screening. A variance for natural screening
would require a security fence for the purpose of
safety. Fencing shall be a nonclimbable fence with a
minimum height of six (6')-feet.
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Page 3
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b. Revocation of Variance: If screening changes in
such a manner that stored materials come into view of
ftei!hBe~ift! adjacent residences, businesses, public roads or
public lands, ~peft-e~eh-ehaft!e the variance will be revoked
immediately and aft the applicant has thirty (30) days from
date of notice to provide screening ae in compliance with this
Ordinance. (44A, 12-04-79)
SECTION 6. RENEWAL OF LICENSE AND REQUIREMENTS.
6.3 The ~eAewa~-~ieeAee license renewal period shall be from
January 1 through December 31 of each year. No fees shall be pro-
rated.
;ft-;98GT-~he-app~ieaA~-eha~~-eA-e~-Be€e~e-~~~Y-;T-iAe;~ae-a-
€ee-e€-$;;~T;G-€e~-hie-~eftewa~-~ieeAeeT--~hie-;T;-~imee-~he-€ee-
~e~~i~ea-iA-See~ieA-6T;-eha~~-Be-€e~-a-pe~iea-e€-~~~y-;T-;98G-
~h~e~!h-geeemBe~-;;T-;98;~-a~-whieh-~ime-~he-€ee-p~~e~aA~-~e-
See~ieA-6T;-eha~~-~heA-aAa-~he~ea€~e~-be-paia-eA-e~-be€e~e-
geeembe~-;;-e€-eaeh-yea~-~e-eeve~-~he-epe~a~ieAe-€e~-~he-€e~~ewiA!-
yea~T--+44eT-6-G;-8G+
SECTION 7. INSPECTIONS.
, \
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7.1 The City Councilor it's duly authorized representatives,
shall inspect the automotive recycling yard and/or junkyard of all
j~A* dealers licensed under this Ordinance at least once a year to
determine whether such yards are being operated in accordance with
the provisions of this Ordinance and other applicable provisions
of law. One such inspection must have been made within two (2)
months prior to renewal of any automotive recycling and/or
junkyard license.
SECTION 8. TRANSFERABILITY.
8.1 No license issued under this ordinance shall be
transferred or used by any person other than the one to whom it
was issued, except upon approval of the City Council. As a
prerequisite to said approval, the transferee must meet all
qualifications required by this Ordinance of the original
licensee. No automotive recycling and/or junk dealer License
shall be used at any location other than the one described in the
application and for which it was issued.
SECTION 9. HEARING ON GRANTING, DENIAL, RENEWAL, OR REVOCATION OF
LICENSE
j
9.1 Request for Hearing.
a. Any person aggrieved by an Order of the City Council
granting, denying, renewing, suspending, or revoking a License
for a proposed or existing business or activity subject to the
provisions of this Ordinance, may file a written request for a
hearing before the City Council within ten (10) days after
issuance of such order. The City Council shall give notice of
a public hearing upon this request to be held in not less than
five (5) days after service of the notice on the person
requesting the hearing. The City Council may also give notice
of the hearing to other persons directly interested in the
Order in question. At such hearing, the City Council shall
page 4
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/
determine whether the granting, denial, renewal, suspension,
or revocation or the license was in accordance with the
provisions of this Ordinance and shall issue a written
Findi~~s of Fact, Conclusions of Law, and Order to carry out
it's 1ndings and conclusions. Those Findings of Fact,
Conclusions of Law, and Order shall be filed with the City
Clerk and shall be mailed to all interested parties appearing
or represented at said hearing.
9.2 Revocation of License. When the City Council determines
that the public interest so requires, it may revoke or suspend
the License of any automotive recycling and/or junk dealer
when it finds, after due investigation and a public hearing,
that:
SECTION 10. COMPLIANCE.
10.1 Any person acting as a automotive recycling and/or junk
dealer within the City of Andover on the effective date of this
Ordinance shall have a period of ninety (90) days after such
effective date to comply with provisions of this Ordinance.
10.2 The required fencing shall be installed as of July 1,
1991.
Adopted by the Andover City Council on the 18th day of
December 1990.
AT/~T: _ (
~J t1dL--
Victoria Volk, City
TY OF ANDOVER
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Clerk
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Page 5
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 448
AN AMENDMENT TO ORDINANCE NO. 44, 44A-44G REGULATING AND LICENSING
AUTOMOTIVE RECYCLING YARDS AND/OR JUNKYARDS AND DEALERS.
The City Council of Andover does hereby ordain:
Ordinance No. 44 is hereby amended as follows:
SECTION 6. RENEWAL OF LICENSE AND REQUIREMENTS.
e CJ.ty Council
Adopted by the Andover City Council on the 5th day of May,
1992.
I
ATTEST:
~U
Victoria Volk, City Clerk
, J
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 44I
AN AMENDMENT TO ORDINANCE NO. 44, 44A-44H REGULATING AND LICENSING
AUTOMOTIVE RECYCLING YARDS AND/OR JUNKYARDS AND DEALERS.
The City Council of Andover does hereby ordain:
Ordinance No. 44 is hereby amended as follows:
SECTION 6. RENEWAL OF LICENSE AND REQUIREMENTS.
6.1 The annual fee for any renewal license application shall
be set by Council Resolution.
6.2 Before renewal the requirements of this Ordinance shall
have been completed.
6.3 The license renewal period shall be from ~aR~a~y- ~~~~ 1
through geeembe~-31 June 30 of each year beginning July 1, .
No fees shall be prorated. ,
6.4 An additional fee as set out by City Council resolution
shall be charged to Automotive Recycling Dealers and/or Junk
Dealers who do not receive licensing approved by the City Council
before ~aR~a~y-l July 1 of the licensing year.
NOTE: All other sections of the Ordinance shall remain as written
and adopted by the Andover City Council.
Adopted by the Andover City Council on the 15th day of December,
1992
K
, Mayor
, Clty C er
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
-,
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ORDINANCE NO. 44J
AN AMENDMENT TO ORDINANCE NO. 44, 44A-44I REGULATING AND LICENSING
AUTOMOTIVE RECYCLING YARDS AND/OR JUNKYARDS AND DEALERS and
REPEALING ORDINANCE NO.9.
The City Council of Andover does hereby ordain:
Ordinance No. 44 is hereby amended as follows:
SECTION 10. COMMERCIAL BUILDING CONSTRUCTION.
or
10.2 The
mater~a s
following
the stora
perm~tte
the
,
/
of
con
and
parts storage. No other expansion or additional uses of any kind
are allowed.
\
10.4 The City shall be provided reasonable access to inspect and
to certify that the terms and conditions of this section of the
Ord~nance are fully com~lied with. Failure to comply with the
conditions of this sect~on shall be cause for action by the City
for revocation of a license to operate within the Cita through
procedures defined in this Ordinance and as prescribe by law.
"
SECTION *QT 11. COMPLIANCE.
*QT* 11.1 Any person acting as an automotive recycling and/or
junk aeaIer within the City of Andover on the effective date of
this Ordinance shall have a period of ninety (90) days after such
effective date to comply with provisions of this Ordinance.
*QT~ 11.2 The required fencing shall be installed as of July 1,
1991.
SECTION **T 12. PENALTY
**T* 12.1 Any person violating any prov~s~on of this shall be
guilty-oI a misdemeanor as defined by state Law and subject to the
penalties thereof.
SECTION *~T 13. VALIDITY.
-'
*~T* 13.1 If any section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held to be unconstitutional,
such decision shall not effect the validity of the remaining
portions of this Ordinance.
\
SECTION *~T 14. REPEALER.
*~T* 14.1 Ordinance No.9, adopted November 9, 1971, is hereby
repeaIea::"
SECTION *4T 15. EFFECTIVE DATE.
*4T* 15.1 This Ordinance shall take effect and be in force upon
it's passage and publication as required by law.
Adopted by the Andover City Council on the 5th day of
April, 1994.
CITY OF ANDOVER
JJ ~ . ~
: "ilk I
~. E. McKe Ve~MaYOr
ATTEST:
/ "..J- .~
tl,,_ &-.;..-, (-L
Victor~a Vol , City Clerk
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page 2
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, J
DATE: July 1 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Planning
Jeff Johnson
ITEM NO.
Adopt Ordinance No. 44K
(To Repeal Ordinance No. 44)
/5.
The City Council is asked to adopt Ordinance No. 44K - An Ordinance Repealing Ordinance No. 44 -
Regulating Auto Recycling Yards.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 44K
AN ORDINANCE AMENDING ORDINANCE NO. 44 ADOPTED THE 26TH
DAY OF JANUARY 1979, KNOWN AS AN ORDINANCE REGULATING
THE LICENSING OF AUTOMOTIVE RECYCLING YARDS AND/OR
JUNKY ARDS AND DEALERS.
The City Council of the City of Andover hereby ordains:
Ordinance No. 44 is hereby amended as follows:
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Ordinance No. 44 adopted January 26, 1979; Ordinance No. 44A adopted
December 4, 1979; Ordinance No. 44B adopted February 2, 1980; Ordinance No.
44C adopted June 3, 1980; Ordinance No. 44D adopted November 10, 1981;
Ordinance No. 44E adopted January 5, 1982; Ordinance No. 44F adopted February
2, 1982; Ordinance No. 44G adopted December 18, 1990; Ordinance No. 44H
adopted May 5, 1992; Ordinance No. 441 adopted December 15, 1992 and
Ordinance No. 44J adopted AprilS, 1994 are hereby repealed.
Adopted by the City Council of the City of Andover on this 1 st day of lll.h:, 1997.
ATTEST:
CITY OF ANDOVER
Victoria Volk, City Clerk
J. E. McKelvey, Mayor
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: July I. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Planning
Jeff Johnson
ITEM NO.
Approve Ordinance No. 228
Regulating Swimming Pools
I~;
The City Council is asked to review and approve Ordinance No. 228 - Regulating the Location and
Security of Outdoor Residential Swimming Pools, Spas and Hot Tubs.
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This ordinance was reviewed at the June 10, 1997 Planning and Zoning Commission meeting. This
ordinance references the language in the State Building Code. There was one (1) change to this
ordinance - on Page 2, Section 3, No.4. A provision was added that states that no swimming pool shall
be located in an area designated as an alternate drainfield.
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@
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 10, 1997
paye 9
(Public Hearing: Special Use Permi t/Variance - Area Identification Sign
- Meadowlark Heights, Continued)
"
MOTION by Barry, Seconded by Apel, to forward to the City Council
approval of the Resolution as presented granting the Special Use
Permit/Variance request of Scott Lennes, Inc., to allow for the
installation of one area identification sign. Motion carried on a 5-
Yes, 2-Absent (Gamache, Peek) vote. This will be placed on the July 1,
1997, City Council agenda. 9:06 p.m.
ORDINANCE REVIEW - ORDINANCE NO. 224, REGULATING USER STRENGTH CHARGES
Mr. Johnson stated no changes were made to this ordinance.
rewritten and renumbered. The Commission had no comment.
It was
ORDINANCE REVIEW - ORDINANCE NO. 226, REGULATING AUTO RECYCLING YARDS
Mr. Johnson stated no changes were made in this ordinance. In reviewing
it, Staff has found it to be very effective as written. The Commission
had no comment.
ORDINANCE REVIEW - ORDINANCE NO. 227, REGULATING THE SALE OF CIGARETTES
Mr. Johnson explained only minor language changes were made to this
ordinance. Acting Chairperson Squires suggested the Staff check on the
State law, as new legislation has been passed this last session giving
ci ties more power and control over regulating tobacco sales. It's
possible some of that should be added to this ordinance. Commissioner
Barry also noted that some cities no longer license cigarette machine,
and only license establishments where the cigarettes are not accessible.
There was also a brief discussion on the penalties for violating the
ordinance. Staff stated all the City can do is revoke or suspend the
license. They will do further research on the State law and on what
other communities are doing.
ORDINANCE REVIEW - ORDINANCE NO. 228, REGULATING SWIMMING POOLS
Mr. Johnson explained the Building Official reviewed the ordinance and
suggested a change on Page 2, Section 3, No.4. Add to the sentence,
"on-site sewer system or area designated as an alternate drainfield
area." The ordinance was also updated to reference the current Building
Code.
The Commission asked if there is a problem with draining pools into the
sanitary sewer system. Mr. Carlberg didn't believe that was an issue in
Andover. Commissioner Wells felt a four-foot fence is short.
Commissioner Wells commented many insurance companies require a higher
fence. Mr. Johnson pointed out it is only a minimum to keep toddlers
out of the pool area. There was no further Commission comment.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 46
AN ORDINANCE REGULATING THE BUILDING AND CONSTRUCTION OF RESIDENTIAL
SWIMMING POOLS AND SPAS.
The ~City Council of the City of Andover hereby ordains:
SECTION 1. DEFINITIONS
a. Residential swimming pool: Shall be defined as any
constructed pool, permanent or portable which is intended
for non-commercial use as a swimming pool by owner families
and their guests and which is over 24 inches in depth and
has a surface area exceeding 200 square feet.
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b. Spa: Shall be defined as a unit primarily designed for
therapeutic use which is not drained, cleaned or refilled
for each individual. It may include, but not be limited
to hydrojet circulation, hot water, cold water mineral
baths, air induction bubbles, or any combination thereof.
Industry terminology for a spa includes, but is not limited
to, "Therapeutic Pool", "Hydrotherapy pool", "Whirlpool",
"Hot Spa", "Hot Tub", etc.
SECTION 2. CONSTRUCTION
a. Pools and spas shall not be located beneath utility lines
nor over underground utility lines of any type.
b. No person shall build, situate or install a pool or spa
within 10 feet of any side or rear lot line, nor within
6 feet of any principal structure, nor within any required
front yard.
c. While being constructed, the pool or spa area must be fenced
with a portable fence such as snow fence, of not less than
4 feet in height.
d. No pool or spa shall be located within 20 feet of any part
of an on-site sewer system.
SECTION 3. FENCING
a. All outdoor pools hereafter constructed shall be completely
enclosed by a fence or wall of the non-climbing type, so as
to be inpenetrable by toddlers, afford no external handholds
or footholds, and a minimum of 4 feet in height.
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b. All outdoor fence openings or outdoor points of entry into the
pool area shall be equipped with self-closing and self-latching
devices. The opening between the bottom of the fence and
the ground or other surface shall not be more than 3 inches.
c. All outdoor spas shall have either a fence as described in
Sections a and b, or a latchable cover. The cover should
be constructed of a material inpenetrable by toddlers and
subject to inspection by the City inspector.
SECTION 4. RETROACTIVITY
a. All residential swimming pools existing on August 1, 1980
shall comply with the fencing section ordinance (Section 3).
SECTION 5. PERMITS
a. No person shall construct, alter or renovate a pool or spa
without a building permit.
SECTION 6. PENALTY
a. Any person violating any provision of this ordinance shall
be guilty of a misdemeanor by State Law and subject to
the penalties thereof.
SECTION 7. VALIDITY
a. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining
portions of this ordinance.
SECTION 8. EFFECTIVE DATE
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a. This ordinance shall take effect and be in force upon its
passage and publication as required by law.
Adopted by the Andover City Council on the
1979.
17th day of
July
h!.~
Mayor
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 46A
/
AN ORDINANCE AMENDING ORDINANCE NO. 46, AN ORDINANCE REGULATING
THE BUILDING AND CONSTRUCTION OF RESIDENTIAL SWIMMING POOLS AND
SPAS, EFFECTIVE JULY 17, 1979.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 46, effective July 17, 1979, is hereby amended as
follows:
SECTION 2.
CONSTRUCTION.
"
b. No person shall build, situate or install a pool or spa
within ten (10) feet of any side or rear lot line, nor
within six (6) feet of any principal structure, nOr
closer to the front lot line than the principal structure,
except as hereinafter provided.
(1) On residential parcels with a lot area of one (1)
acre or more, a swimming pool or spa may be
constructed closer to the front lot line than the
principal structure, however, the minimum distance
it may be from the front lot line shall be two
hundred (200) feet.
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Adopted by the City Council of the City of Andover this
16th
day of
August
, 1983.
CITY OF ANDOVER
~ k: /, .~,Z:/
J ry W ndschitl - Mayor
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 46B
AN ORDINANCE AMENDING ORDINANCE NO. 46, KNOWN AS THE
SWI~illING POOL ORDINANCE, ADOPTED JULY 17, 1979.
The City Council of the City of Andover hereby ordains:
Ordinance No. 46, known as the Swimming Pool Ordinance, is
hereby amended as follows:
SECTION 3. FENCING
a. All outdoor pools hereafter constructed shall be
completely enclosed by a fence or wall of the non-
climbing type, so as to be inpenetrable by toddlers,
afford no external handholds or footholds, and a
minimum of 4 feet in height, except that above-ground
pools with a side wall height of at least 4 feet need
not be fenced but shall have removable steps.
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Adopted by the City Council of the City of Andover this 17th
day of
December
, 19~ 85
CITY OF ANDOVER
ATTEST:
~ ,,,~
Je n Chitl - Mayor
Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 228
An Ordinance repealing Ordinance No. 46 adopted July 17, 1970; Ordinance No. 44A
adopted August 16, 1983 and Ordinance No. 44B adopted December 17, 1985.
AN ORDINANCE REGULATING THE LOCA nON AND SECURITY OF OUTDOOR
RESIDENTIAL SWIMMING POOLS, SPAS AND HOT TUBS IN THE CITY OF
ANDOVER.
Section 1.
Purpose.
The purpose of this ordinance is to regulate the location of outdoor swimming pools, spas
and hot tubs on residential zoned property and require fencing or barriers to protect the
health, safety and general welfare of the public.
Section 2.
Definitions.
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For the purpose of this ordinance, certain terms, words and phrases are defined as
follows:
Above-Ground/On-Ground Pool- see definition of "swimming pool".
Barrier - is a fence, wall, building wall, or a combination thereof, which completely
surrounds the swimming pool and obstructs access to the swimming pool.
Hot Tub - see definition of "swimming pool".
In-Ground Pool- see definition of "swimming pool".
Sna - see definition of "swimming pool".
Swimming Pool - is any structure intended for swimming or recreational bathing (non-
commercial use) that contains water over twenty-four (24) inches deep. This includes in-
ground, above-ground and on-ground swimming pools; hot tubs; portable and non-
portable spas; and fixed-in-place wading pools.
Swimming Pool Indoor - is a swimming pool which is totally contained within a
residential structure and surrounded on all four (4) sides by walls of said structure.
,
Swimming Pool Outdoor - is any swimming pool which is not an indoor pool.
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Section 3.
Construction Standards.
All swimming pools are required to meet the following construction standards in addition
to all Uniform Building Code requirements:
1) Swimming pools shall not be located beneath utility lines nor over
underground utility lines of any type.
2) No person, firm or corporation shall build, situate or install a swimming pool
within ten (10) feet of any side or rear lot line, nor within six (6) feet of any
principal structure, nor closer to the front lot line than the principal structure,
except as hereinafter provided.
a) On residential parcels ofland of one (1) acre or more, a swimming
pool may be constructed closer to the front lot line than the principal
structure, however, the minimum distance it may be from the front
line shall be two hundred (200) feet.
3) While being constructed, the swimming pool must be fenced with a portable
fence, of not less than four (4) feet in height.
4)
No swimming pool shall be located within twenty (20) feet of any part of an
on-site sewer system or area designated as an alternate drainfield.
/
Section 4.
Fencing.
All outdoor swimming pools constructed shall be completely enclosed by a fence or wall
of the non-climbing type, so as not to be penetrable by toddlers, afford no external
handholds or footholds, and a minimum offour (4) feet in height, except that above-
ground pools with a side wall height of at lease four (4) feet need not be fenced but shall
have removable steps.
All outdoor fence openings or outdoor points of entry into the swimming pool area shall
be equipped with self-closing and self-latching devices. The opening between the bottom
of the fence and the ground or other surface shall not be more than three (3) inches.
All outdoor spas and hot tubs shall either have a fence as described in this Section or a
latchable cover. The cover should be constructed of a material not to be penetrable by
toddlers and subject to inspection by the Building Official or designee.
Section 5.
Penalty.
/
Any person, firm or corporation violating any provision of this ordinance shall be guilty
of a misdemeanor as defined by State law.
2
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Adopted by the City Council of the City of Andover on this _ day of
1997.
ATTEST:
CITY OF ANDOVER
Victoria V olk, City Clerk
J. E. McKelvey, Mayor
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE:
July 1 1997
AGENDA SECTION
Non-Discussion Item
ORIGINATING DEPARTMENT
Planning
Accept Drainage & Utility Easementl
Consent to Encroach Agreement
Children's World Learning Center
1485 Bunker Lake Blvd. NW.
David L. Carlberg
Community Development Director
11,
, Request
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The City Council is requested to accept the drainage and utility easement and approve the Consent to
Encroach Agreement for Lot 16, Block 5, Hills of Bunker Lake Third Addition. These documents are
necessary to allow the construction of the Children's World Learning Center daycare facility at 1485
Bunker Lake Boulevard NW (East of SuperAmerica). The dedication of the drainage and utility easement
is for the 100 year flood elevation for the ponding area. The Consent to Encroach Agreement is to allow
Children's World Learning Center to place a security fence for the play area on a drainage and utility
easement.
Recommendation
Staff recommends the acceptance of the drainage and utility easement and the approval of the Consent to
Encroach Agreement. Attached is a resolution for Council approval for the acceptance of the drainage and
utility easement. Also attached is the Consent to Encroach Agreement for the fence.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -97
A RESOLUTION ACCEPTING THE DRAINAGE AND UTILITY EASEMENT
DESCRIBED ON EXHIBIT A LOCATED ON LOT 16, BLOCK 5, HILLS OF
BUNKER LAKE THIRD ADDITION LOCATED AT 1485 BUNKER LAKE
BOULEVARD NW.
WHEREAS, Children's World Learning Center, Inc. has dedicated a drainage and utility
easement to the City of Andover located on Lot 16, Block 5, Hills of Bunker Lake third
Addition at 1485 Crosstown Boulevard NW, legally described on Exhibit A.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby accepts the drainage and utility easement as described on Exhibit A.
Adopted by the City Council of the City of Andover on this 1st day of MY....,1997.
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CITY OF ANDOVER
ATTEST:
lE. McKelvey, Mayor
Victoria V olk, City Clerk
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EXHIBIT A
PROPOSED DRAINAGE EASEMENT
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A perpetual drainage easement over and across that part of Lot 16, Block
5, HILLS OF BUNKER lAKE 3RD ADDITION, according to the recorded
plat thereof, Anoka County, ~innesota, described as follows:
Beginning at the northwest corner of said Lot 16; thence on an
assumed bearing of South 0 degrees 14 minutes 53 seconds East,
along the west line of said Lot 16, a distance of 123.89 feet; thence
South 63 degrees 42 minutes 10 seconds East a distance of
100.71 feet; thence South 82 degrees 20 minutes 56 seconds East
a distance of 205.95 feet; thence South 0 degrees 41 minutes 52
seconds West a distance of 167.27 feet; thence South 80 degrees
23 minutes 02 seconds East a distance of 55.00 feet; thence North
53 degrees 54 minutes 19 seconds East a distance of 47.27 feet;
thence North 1 degree 57 minutes 46 seconds East a distance of
106.48 feet; thence North 27 degrees 58 minutes 26 seconds West
a distance of 62.08 feet; thence North 39 degrees 18 minutes 34
seconds East a distance of 16.13 feet; thence North 65 degrees 35
minutes 42 seconds East a distance of 55.38 feet to the east line of
said Lot 16; thence North 0 degrees 14 minutes 53 seconds West,
along said east line, a distance of 139.43 feet to the northeast
corner of said Lot 16; thence North 88 degrees 50 minutes 31
seconds West. along the north line of said Lot 16, a distance of
420.00 feet to the point of beginning.
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..H..A'!.LU ,,)1 ~J.~:1 I I'\. 1"".""""-..... f'\~ t;;:.~IMIL:;.
~~ ~~O ~~~ IU J4C~~(~~O~~
t".~/~..
CONSENT TO ENCROACH IN EASEMEI\a"1'
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S"FA-TC or MINNCCOT A
COUNTY OF ANOKA
)
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The City of Andover, of Anoka County, Minnesota (the Grantor), for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
hereby grants to (MGrantee-) it successors or
assigns, the consent to encroach upon the utility and drainage easement described in
the Easement Grant recorded in Anoka County on March 31, 1994 as Document No.
1107355 (the "Easementlr) under the following terms and conditions:
1 . Grantee is the owner of Lot 16, Block 5, Hills of Bunker lake Third
Addition, as shown on the plat recorded on June 3, 1988 as Document No.
809759 in the Anoka County, Minne:;ota records ("Lot 16"). Grantee intends
to construct and operate child c~re, pre~chool end kindergarten f8cilitie~ on lot
1 6. The Easement is over the southerly 35 feet of Lot 16.
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2. Grantee shall have the right to construct and maintain fencing within the
west 150 feet of the Easement, enclosing the playground areas that are part of
Grantee's improvements on Lot 16, and Grantor hereby consents to same.
3. Grantee, its successors and assigns agree that should the reasonable use
and maintenance of the Easement or the utility lines or facilities contained
therein necessitate removal or damage to the fencing, the replacement of
fencing or the repair of such damage shall be the responsibility ~f!~~~o:s~ of the
Grantee, its successors or assigns.
4. Grantor will provide reasonable advance notice to Grantee of any planned
mllintenllnce or repllirs scheduled for the utilities or facilities within the
Easement which may require the presence of repair persons on Grantee's
property or the removal of all or any part of the fencing located within the
Easement. Grantor acknowledges that this advanced notice is required to
ensure that the playground areas located on Grantee's property remain enclosed
and the Grantee's customers are secure and safe. Such notice shall be provided
directly to the Center Director or other employee of the operator present on
Grantee's property. In the case of an emergency and if reasonable advance
notice is not reasonably practicable, Grantor shall be entitled to enter upon the
Easement without advance notice to the Grantee, provided that such entry shall
occur during non-business hours and, if all or any part of the fencing on
Grantee's property must be removed to accomplish an emergency repair, notice
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CONSENT "f0 I:N~l"iOACH IN EASEMENT
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The City of Andover, of Anoka County, Minnesota (the Grantor), for good and
valuable consideration. the receipt and sufficie~cy of which is hereby acknowledged,
hereby grants to ("Grantee") it successors or
assigns. the consent to encroach upon the utility and drainage easement described in
the Easement Grant recorded in Anoka County on March 31. 1994 as Document No.
1107355 (the "Easement") under the following terms and conditions:
1 . Grantee is the owner of lot 16, Block 5, Hills of Bunker lake Third
Addition, as shown on the plat recorded on June 3. 1988 as Document No.
809759 in the Anoka County, Minnesota records ("Lot 16"). Grantee intends
to construct and operate child care, preschool and kindergarten facilities on Lot
16. The Easement Is over "[he southerly 35 feet of Lot 16.
2. Grantee shall have the right to construct and maintain fencing within the
west 1 60 feet of the Easement, enclosing the playground areas that are part of
Grantee's improvements on Lot 16, and Grantor hereby consents to same.
,
3. Grantee. its successors and assigns agree that should the reasonable use
and maintenance of the Easement or the utility lines or facilities contained
therein necessitate removal or damage to the fencing, the replacement of
fencing or the repair of such damage shall be the responsibility and cost of the
Grantee, its successors or assigns.
4. Grantor will provide reasonable advance notice to Grantee of any planned
maintenance or repairs scheduled for the utilities or facilities within the
Easement which may require the presence of repair persons on Grantee's
property or the removal of all or any part of the fencing located within the
Ec~ement. Grentor acknowledge:s that thi3 advanced notice I::; required to
ensure that the playground areas located on Grantee's property remain enclo3ed
and the Grantee's customers are secure and safe. Such notice shall be provided
directly to the Center Director or other employee of the operator present on
Grantee's property. In the case of an emergency and if reasonable advance
notice is not reasonably practicable. Grantor shall be entitled to enter upon the
Easement without advance notice to the Grantee, provided that such entry shall
occur during non-business hours and. if all or any part of the fencing on
Grantee's property must be removed to accomplish an emergency repair, notice
of its removal shall be posted by Grantor by leaving such notice taped to the
front door of the Grantee's building.
.l.U ..II 1t.J..........u II'.. \",UoA-'- I"~ L;..,JlnlL..
..JIU....J ...!"'--J ..J...J......... I U JLO~'- f ......JU....'-,j
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5. Grantee, it!.' suc=::es~o..s or assign:: ligret: to indemnify and hold Grantor
harmless from any and all claims resulting from the Grantor's reasonable use of
the Easement and necessary maintenance of the facilities located within the
Easement, and the granting of this consent to encroach.
"
6. Grantee's right to encroach shall be conditioned upon the Grentee's filing
of this consent in the Real Property records of Anoka County, Minnesota. The
rights of Grantee and obligations of Grantor shall constitute covenants running
with the land.
EXECUTED this
day of
, 1997.
GRANTOR
CITY ANDOVER, MINNESOTA
By:
Name:
Title:
ATTEST:
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Name:
Title:
GRANTEE
By:
Name:
Title:
{NOTARY BLOCKS}
)
** TOTAL PAGE.04 **
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: July 1. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Planning
Jeff Johnson
ITEM NO.
Approve Andover Fun Fest Activities
(Fireworks Display and Outdoor Dance)
/8' -
The City Council is asked to approve the following outdoor events and times associated with the
Andover Fun Fest (July 12, 1997):
I
1)
2)
Fireworks Display @ Andover Field of Dreams (10:00 p.m. - 11 :00 p.m.)
Dance @ Pov's Sports Bar - 1851 Bunker Lake Boulevard NW (7:00 p.m. -Midnight)
Ordinance No. 230 - Noise, requires that these events be approved so that they can be exempt from the
noise ordinance requirements (no noise between the hours of 10:00 p.m. and 7:00 a.m.).
Upon approval, the City Clerk will issue a General Corporate License.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: July 1 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
N on-Discussion
Planning
Jeff Johnson
ITEM NO.
Approve Nextel Communications Lease Agreement
1717 Crosstown Boulevard NW
(Antennas - City Water Tower)
/1,
The City Council is asked to table this item. This item will be placed on the July 15, 1997 City Council
agenda.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: lul'! t. t 997
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AGENDA SECTION
ORIGINATING DEPARTMENT
Non-discussion
Community Development & Finance
ITEM NO. dO.
Acknowledge Successful
Completion of Probationary Period
City Planner & Accountant
~~
Jean McGann
Finance Director
David L. Carlberg
Community Development Director
The City Council is requested to acknowledge the successful completion of the six month
probationary periods for John Hinzman, City Planner and Michelle Wenning, Accountant.
Both employees will be promoted to Step I of the City's wage program.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: July 1. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
N on-Discussion
Planning
Jeff Johnson
ITEM NO.
Approve Resolution Establishing
Special Home Occupation Permit Fee
(Non-Conforming Home Occupations)
07/.
The City Council is asked to review and approve a resolution establishing a fee for a Special Home
Occupation Permit. The fee will be set as follows:
Special Home Occupation Permit (Non-Conforming Home Occupations) = $50.00
This fee is an administrative fee that will be collected one (1) time only.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO.
A RESOLUTION ESTABLISHING A PERMIT FEE FOR SPECIAL HOME
OCCUPATIONS (NON-CONFORMING HOME OCCUPATIONS).
The City Council of the City of Andover hereby resolves:
A Special Home Occupation Permit (Non-Conforming Home Occupation) is
hereby established for the year 1997.
Permit Fee
Ordinance
$50.00
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Adopted by the City Council of the City of Andover on this .l.s1 day of July, 1997.
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ATTEST:
CITY OF ANDOVER
Victoria Volk, City Clerk
J. E. McKelvey, Mayor
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: July 1. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Planning
Jeff Johnson
ITEM NO.
No Wake/Slow Wake/Update
01;;<'
The City Council is asked to table this item. Staff is in the process of receiving information from the
Department of Natural Resources that was requested by City Council at their June 17, 1997 meeting.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
j
DATE: July 1. 1997
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Planning
Jeff Johnson
ITEM NO.
Amend Ordinance No. 214
Tree Preservation
0<3 .
The City Council is asked to review and approve an amendment to Ordinance No. 214 - An Ordinance
Relating to the Preservation of Trees and the Prevention of Epidemic Diseases....
Said amendment would delete Section 13 - Required Tree Plantings. Please find attached a copy ofthe
Section that would be deleted.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 214A
AN AMENDMENT TO ORDINANCE NO. 214 RELATING TO THE
PRESERVATION OF SHADE TREES AND THE PREVENTION OF
EPIDEMIC DISEASES ASSOCIATED WITH SHADE TREES WITHIN THE
CITY OF ANDOVER.
The City Council of the City of Andover does hereby ordain:
Ordinance No. 214 is amended as follows:
Section 13. Required Tree Plantings is deleted in its entirety.
All other Section shall be renumbered and the language contained shall remain the
same.
Adopted by the City Council of the City of Andover on this 1st day of July, 1997.
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ATTEST:
CITY OF ANDOVER
Victoria V olk, City Clerk
J. E. McKelvey, Mayor
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Section 13. Required Tree Plantings.
For lots of record created after the adoption of this ordinance, it shall be the responsibility
of the builder of the home constructed on said lot to plant a minimum of one (1) live and
healthy, deciduous tree. Said tree shall be at least two and one half (2 1/2) inches in
diameter and six (6) feet in height (measured at ground level after planting). Said tree
shall be planted between the months of May and October and its species and/and or type
shall be approved by the City Administrator or designee.
Said planted tree shall be located in the front yard and shall be placed at least five (5) feet
from all property lines and driveways.
Any tree planted shall be replaced ifit appears to be dying within one (1) year of planting
by the person and/or builder responsible for the planting. The builder shall escrow 150%
of the cost of tree replacement when tree(s) and weather conditions do not allow the
tree(s) to be planted at the time of the development or construction.
The requirements in this Section shall not apply to a builder if a tree is preserved on the
property that meets the requirements listed above.
Section 14. Interference Prohibited.
It is unlawful for any person to prevent, delay or interfere with the Foresterffree
Inspector or their designated agents while they are engaged in the performance of the
duties imposed by this ordinance.
Section 15. Severability.
If any section, subdivision, sentence, clause or phrase of this ordinance is for any reason
held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The Council hereby declares that it would have passed this
ordinance, any section, subdivision, sentence, clause or phrase thereof, irrespective of the
fact that anyone or more sections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
Section 16. Penalty.
Any person, firm or corporation who violates any section of this ordinance shall be guilty
of a misdemeanor and upon conviction thereof, shall be punished as defined by State
Law.
Section 16. Effective Date:
This ordinance is effective from and after its passage and publication.
7
DATE
July 1.1997
ITEMS GIVEN TO THE CITY COUNCIL
. .
. Planning and Zoning Commission Minutes - June 10, 1997
. City Council Minutes - June 17, 1997
. Park & Recreation Commission Minutes - June 19,1997
. Memo from Andover Family Fun Fest Committee - June 24, 1997
. Ord. No. 230
. Ord. No. 8ZZZZ
. Ord. No. 47G
. Ord. No. 48A
. League of Mn Cities 1997 Regional Meetings
. Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUTTHEM ON
THE NEXT AGENDA.
THANKYOU.
Andover Family Fun Fest
1685 Crosstown Boulevard N.W.
Andover, Minnesota 55304
(626) 755-5100 · Fax (612) 755-8923
MEMORANDUM
DATE:
June 24, 1997
TO:
All CITY EMPLOYEES
FROM:
Andover Family Fun Fest Committee
RE:
Volunteers
Just a reminder that the Andover Family Fun Fest will
be held on Saturday, July 12. In order for it to be a
success, we need more volunteers for the various
events. If you are interested in volunteering, please
contact Pat Janssen (an hour shift would be great) .
So mark your calendars and plan on having a fun time!
League of Minnesota Cities
C' .Q. VV\t~ (.,1/71? 7
1997 Regional Meetings
This is a list of Regional Date City
meeting dates and the host
city. Mark Tuesday, September 30 Walker
a to attend now. Wednesday, October 1 Mahnomen
Watch future Minnesota Thursday,October2 Argyle
Cities inagazines for city Tuesday, October 7 Biwabik
location and program Wednesday, October 8 McGregor
schedule.
Thursday, October 9 Corcoran
Tuesday,October21 Tracy
Wednesday, October 22 Benson
Thursday, October 23 Browerville
Tuesday,October28 LaCrescent
Wednesday, October 29 Blue Earth
League of Minnesota Cities
Thursday, October 30 Northfield
Cities promoting excellence
\
,
'"
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE Julv 1. 1997
AGENDA SECTION
Approval of Claims
ORIGINATING DEPARTMENT
Finance ~'("l'\
Jean D. McGann
I ITEM NO. Schedule of Bills
REQUEST:
The Andover City Council is requested to approve total claims in the amount of$ 586.637.79.
BACKGROUND:
Claims totaling $ 98.900.25 on disbursement edit list #1 dated 06-24-97 have been issued and released.
Claims totaling $ 487.737.54 on disbursement edit list #2 dated 07-01-97 will be issued and released upon
Council approval.
Date: 07-01-97
Approved By:
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