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HomeMy WebLinkAboutCC July 15, 1997 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - July 15, 1997 agenda Ribbon Cutting Ceremony/Commercial Boulevard - 6:30 pm Call to order - 7;00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items I. Sheriffs Report 2. Approve Downtown Center Refunding Bonds 3. Public HearinglVacation of Easement/I 4133 Quince StreetNW 4. Lot Split/Variance/16030 Makah Street NW/Stanton 5. Rezoning/140th Lane & Prairie Road 6. Approve Ordinance 109 Amendment/Snowmobiling 7. Discuss Supplemental Feasibility Report/97-9/Chesterton Commons/Hamilton Square Trunk 8. Discuss Supplemental Feasibility Report/97-8/Chesterton Commons 9. Forfeit Properties/Smith's Green Acres 10. Schedule Special City Council MeetinglEvaluate & Approve Public Works Expansion Bids/96-15 "taff. Committees. Commissions -II. Storm Update/97-32 12. Acknowledge Sign@ Future Fire Station 13. Mission Statement & Workshop Scheduling Non-Discussion/Consent Items 14. Approve Agreement for Residential Recycling Program IS. Lot Split/Variance/14352 Crosstown Boulevard/Zerk 16. Variance/3340 - 159th Avenue NW/Schroeder 17. Variance/IOOI - 140th Lane NW/Stratula 18. Approval ofNextel Lease Agreement/I 717 Crosstown Blvd. 19. Approve Ordinance 226 Summary 20. Approve Comprehensive Water Supply Plan/95-15 21. Update/Hills of Bunker Lake 5th Addition Park/97-15 22. Schedule Budget Workshop/7-29-97 23. Approve Feasibility Report/97-26/Hamilton Square 24. Approve Encroachment Agreement/Minnesota Intrastate Pipeline Co./95-24/ Coon Creek Bikeway/Walkway Trail 25. Approve Encroachment Agreement/Northern Natural Gas/95-24/ Coon Creek Bikeway/Walkway Trail 26. Approve Encroachment Agreement/Burlington Northern Railroad/95-24/ Coon Creek Bikeway/Walkway Trail Mayor/Council Input ~ayment of Claims ..djournment Bookmark Name minutes sheriff downtown quince stanton rezone ordl09 disc979 disc978 forfeit mtg9615 storm sign mission recycle zerk schroede stratula nextel ord226 appr9515 park9715 budget appr9726 pipeline gas railroad CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: July 15. 1997 AGENDA SECTION Approval of Minutes ORIGINATING DEPARTMENT City Clerk ITEM NO. Approval of Minutes ~ 0, The City Council is requested to approve the following minutes: June 24, 1997 Continued Regular Meeting (Orttel absent) June 24, 1997 EDA Meeting (Orttel absent) July 1, 1997 Regular Meeting \ July 1, 1997 EDA Meeting . I \ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION 1 J AGENDA SECTION DATE: July 15. 1997 ORIGINATING DEPARTMENT Discussion Administration Richard Fursman ITEM NO. Anoka County Sheriff Monthly Report j. BACKGROUND: A representative from the Anoka County Sheriffs Department will be present to provide the Council and the citizens of Andover an update on happenings around the City. '\ ) \ , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Julv 15. 1997 AGENDA Discussion SECTION ORIGINATING DEPARTMENT Finance ~ Jean D. McGa~ lITEM NO. ~. Approve Refundine: Bonds/Downtown Center REQUEST: The Andover City Council is requested to adopt the attached resolution giving approval for the issuance of two , commercial development revenue refunding bonds in order to refinance the Downtown Center strip shopping / mall located at 13735 Round Lake Boulevard. BACKGROUND: In 1982 the City assisted financed the construction of Downtown Center with the issuance of a commercial development revenue note in the amount of $7,700,000. This note has been held by First Bank Minneapolis and will be paid off with the proceeds of the requested refunding bonds. In conjunction with the refunding there will be a transfer of partnership interests in Andover Limited Partnership. This results in a new managing general partner and property manager. The bonds will be revenue obligations of the City, payable solely from amounts paid by Andover Limited Partnership according to the loan agreements and other amounts specifically pledged to their payment. This type of revenue bond issuance is a common practice among communities doing commercial development. Under no circumstances will the bonds be payable from any moneys or assets of the City and the procedure will have no impact on future bonding of the City of its' bond rating. The attached resolutions as well as the additional information not included in your packets have been reviewed and approved by the Cities Bond Counsel, Mary Ippel, a representative of Briggs & Morgan. The additional information referenced to above consists of approximately 200 pages oflegal documents. All documents are available for inspection in Finance Director's office at City Hall. Stephanie Galey, a representative of Holmes & Galey, bond counsel for Andover Limited Partnership, is here tonight to answer any questions or address concerns you may have. \ i , / Extract of Minutes of Meeting of the City Council of the City of Andover, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Minnesota was duly held at City Hall in said City of Andover, on Tuesday, the 15th of July, 1997, at p.m. The following Councilmembers were present: and the following were absent; *** *** *** " '. , .' Councilmember introduced the following written resolution and moved its adoption: CITY OF ANDOVER Anoka County, Minnesota RESOLUTION NO. A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS IN TWO SERIES, TO REFINANCE A PROJECT ON BEHALF OF ANDOVER LIMITED PARTNERSHIP BE IT RESOLVED by the City Council of the City of Andover, Minnesota (the "City"), as follows: 1. Authority. Pursuant to the laws of the State of Minnesota, including Minnesota '\ Statutes, Sections 469.152 to 469.165, as amended (the "Act"), a city is authorized to issue and ,; sell its revenue bonds and refunding revenue bonds for the purpose of financing and refinancing D:IAND I 00100 IIRESIAUTIlORDOC AUTHORIZING RESOLUTION ) in whole or in part the cost of a project and to enter into agreements necessary or convenient in the exercise ofthe powers granted by the Act. 2. Authorization of Proiect: Documents Presented. Andover Limited Partnership, a Minnesota limited partnership (the "Company"), has proposed to this ~ouncil that the City issue and sell its $5,645,000 City of Andover Commercial Development Revenue Refunding Bonds (Downtown Center Project), Series 1997A (the "Series 1997A Bonds") and its City of Andover $1,250,000 Taxable Subordinate Commercial Development Revenue Refunding Bonds (Downtown Center Project), Series 1997B (the "Series 1997B Bonds," and together with the Series 1997 A Bonds, the "Bonds"), pursuant to the Act, and loan the proceeds thereof to the Company in order to refinance costs incurred in the acquisition, construction and equipping of a commercial strip shopping center facility (the "Project") located in the City by causing to be refunded in full the City's outstanding Commercial Development Revenue Note (Andover Limited Partnership Project) dated as of December 23, 1982, originally issued in the aggregate principal amount of $7,700,000 and outstanding as ofthe projected date of issuance of the Bonds in the aggregate principal amount of $5,645,672 (the "Prior Note"). Forms of the following documents relating to the Bonds have been submitted to the City and are now on file in the office of the City Adrninistrator; '\ , / (a) Loan Agreement (the "Series 1997A Loan Agreement") dated as of July 15,1997 between the City and the Company, whereby the City agrees to make a loan to the Company of the gross proceeds of sale of the Series 1997 A Bonds and the Company agrees to provide for the refunding and redemption in whole of the Prior Note, as more fully provided therein, and to pay amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Series 1997 A Bonds when due; and (b) Loan Agreement (the "Series 1997B Loan Agreement") dated as of July 15, 1997 between the City and the Company, whereby the City agrees to make a loan to the Company of the gross proceeds of sale of the Series 1997B Bonds and the Company agrees to provide for the refunding and redemption in whole of certain outstanding indebtedness, as more fully provided therein, and to pay amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Series 1997B Bonds when due; and (c) Indenture of Trust (the "Series 1997A Indenture") dated as of July 15, 1997, between the City and First Trust National Association, as trustee (the "Trustee"), authorizing the issuance of and pledging certain revenues, including those to be derived from the Series 1997 A Loan Agreement, as security for the Series 1997 A Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; and '\ ) (d) Indenture of Trust (the "Series 1997B Indenture") dated as of July 15, 1997, between the City and First Trust National Association, as trustee (the "Trustee"), authorizing the issuance of and pledging certain revenues, including those to be derived from the Series 1997B Loan Agreement, as security for the Series 1997B Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; and (e) Combination Mortgage, Security Agreement and Fixture Financing Statement (the "Mortgage"), dated as of July 15, 1997, from the Company to the City, D:IAND I 00\00 I IRESIAUTHOR.DOC AUTHORIZING RESOLUTION " , , / and to be assigned by the City to the Trustee pursuant to an Assignment of Mortgage (the "Assignment of Series 1997 A Mortgage"), by which the Company grants, as security for the payment of the Series 1997 A Bonds, a rnortgage lien on and security interest in the Project, as mortgaged thereunder, and as more fully described therein; and (t) Assignment of Leases and Rents (the "Series 1997 A Assignment") dated as of July 15, 1997, from the Company to the City and to be assigned by the City to the Trustee pursuant to the Assignment of Mortgage; and (g) Subordinate Mortgage, Security Agreement and Fixture Financing Statement (the "Subordinate Mortgage"), dated as of July 15,1997, from the Company to the City, and to be assigned by the City to the Trustee pursuant to an Assignment of Mortgage (the "Assignment of the Series 1997B Mortgage", and together with the Assignment of the Series 1997A Mortgage, the "Assignments of Mortgage"), by which the Company grants, as security for the payment of the Series 1997B Bonds, a subordinate mortgage lien on and security interest in the Project, as mortgaged thereunder, and as more fully described therein; and (h) Subordinate Assignment of Leases and Rents (the "Series 1997B Assignment", and together with the Series 1997A Assignment, the "Assignments") dated as of July 15, 1997, from the Company to the City and to be assigned by the City to the Trustee pursuant to the Assignment of Mortgage; and ... J (i) Bond Purchase Agreement (the "Bond Purchase Agreement"), by and between John G. Kinnard and Company Incorporated (the "Underwriter"), the Company and the City, providing for the purchase of the Bonds from the City by the Underwriter and setting the terms and conditions of purchase; and CD a form of Limited Offering Memorandum, including all Appendices thereto describing the offering of the Series 1997 ABonds and a form of Limited Offering Memorandum, including all Appendices thereto describing the offering of the Series 1997B Bonds, and certain terms and provisions of the foregoing documents (collectively, the "Limited Offering Memoranda"). 3. Findings. It is hereby found, determined and declared that: (a) The issuance of the Bonds, the refunding of the Prior Note and the refinancing of the Project are in the interest of the City and its residents, and are hereby approved. (b) There is no litigation pending or, to the best of the Council's actual knowledge, threatened against the City questioning the City's execution and delivery of the Bonds, the Loan Agreements, the Mortgages, the Assignments of Mortgage, the Assignments, the Bond Purchase Agreement or the Indentures, questioning the due organization of the City, or the powers or authority of the City to issue the Bonds or perform the City's obligations thereunderor related to the Limited Offering Memoranda. ) (c) The execution, delivery and performance of the City's obligations under the Bonds, the Indentures, the Bond Purchase Agreement, the Mortgages, the D;IAND 1 00\00 1 IRESIAUTHOR.DOC AUTHORIZING RESOLUTION " ! Assignments of Mortgage, the Assignments and the Loan Agreements do not and will not violate any order of any court or other agency of government of which the City is aware or in which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. " (d) The Bonds will be issued by the City upon the terms set forth in the Indentures, and the City's interests in the Loan Agreements (except for its rights to indemnity and payment of expenses and repayment of advances) will be pledged to the Trustee as security for the payment of principal of, premium, if any, and interest on the Bonds. (e) The Loan Agreements provides for payments by the Company to the Trustee for the account of the City of such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. '0, (t) Under the provisions of the Act, and as provided in the Loan Agreements and Indentures, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreements and moneys in the funds and accounts held by the Trustee under the Indenture which are pledged to the payment thereof, the City is not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City (other than the interest of the City in the Loan Repayments to be made by the Company under the Loan Agreements); and each Bond issued under the Indentures shall recite that such Bond, including interest thereon, shall not constitute or give rise to a charge against the general credit or taxing powers of the City. , J 4. Approval and Execution of Documents. The forms of Loan Agreements, Indentures, Bond Purchase Agreement, Mortgages, Assignments and Assignments of Mortgage, referred to in paragraph 2, are approved. The Bond Purchase Agreement, the Loan Agreements, the Indentures, the Mortgages and the Assignments of Mortgage are hereby authorized for execution in the name and on behalf of the City by the Mayor and the City Administrator, or executed or attested by other officers of the City, at such time, if any, as said designated officials may in their discretion deem appropriate, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof and then shall be delivered to the Trustee. 5. Approval of Bonds. In order to refinance the Project and refund the Prior Note, the City hereby authorizes the issuance of the Bonds as revenue bonds under the Act, in two series to be designated "City of Andover, Minnesota, Commercial Development Revenue Refunding Bonds (Downtown Center Project), Series 1997A" and "City of Andover, Minnesota, Taxable Subordinate Commercial Development Revenue Refunding Bonds (Downtown Center Project), Series 1997B" and in the aggregate principal amount not to exceed $5,645,000 and " $1,250,000, respectively. The Bonds shall be dated, shall mature in the years and in the amounts, ,) bear interest at the rates and contain the redemption and other provisions as are set forth in the respective Indentures, which terms are for this purpose incorporated in this Resolution and made D:IAND I 00\00 I IRESIAUTHOR,DOC AUTHORIZING RESOLUTION 'J " / " a part hereof. The Series 1997 Bonds shall contain a recital that they are issued pursuant to the Act, and, in accordance with Section 469.160 of the Act, such recital shall be conclusive evidence of their validity and of the regularity of their issuance. Each Series 1997 Bond shall, in accordance with Section 469.162, Subdivision 3 of the Act, recite in substance that the Series 1997 Bonds, including interest thereon, is a special, limited obligation of the City payable solely from the revenues pledged to the payment thereof. 6. Execution and Delivery of Series 1997 Bonds, The Bonds shall be executed by the manual or facsimile signatures of the Mayor and the City Administrator and the Bonds shall be delivered to the Underwriters upon payment of the purchase price therefor. The Trustee is hereby designated as authenticating agent for the Bonds pursuant to Minnesota Statutes, Section 475.55, subdivision 1. If any officers of the City who shall have signed any of the Bonds shall cease to be such officers before such Bonds shall have been actually authenticated by the Trustee or delivered by the City, such Bonds nevertheless may be authenticated, issued and delivered with the same force and effect as though the person or persons who signed such Bonds had not ceased to be such officer or officers of the City. In the absence or disability of the Mayor, City Administrator or other officer of the City named in any instrument to be executed on behalf of the City in connection with the issuance of the Bonds, the acting Mayor, City Administrator or other officer may execute such instrument. The execution of any instrument by an officer of the City shall be conclusive evidence of approval of the instrument in accordance with the terms of this Resolution. 7. Consent to Circulation of Limited Offering Memoranda. As requested by the Company and the Underwriter, the Council consents to the distribution of the Limited Offering Memoranda by the Underwriter in connection with the sale of the Bonds; provided, however, the City has not participated in the preparation of or reviewed, and will not participate in the preparation of or review, the Limited Offering Memoranda and has not made and will not make any independent investigation of the facts and statements provided therein; accordingly, the City assumes no responsibility with respect thereto, including without limitation as to matters relating to the accuracy, completeness or sufficiency of the Limited Offering Memoranda. 8. Certificates. etc. The Mayor, City Administrator, and other officers of the City are authorized to prepare and furnish to bond counsel and the purchaser of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including and heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. -' 9. Limited Obligations The Bonds will be special limited obligations of the City payable solely from revenues derived from the Loan Agreements other than to the extent payable from the proceeds of the Bonds or the proceeds of insurance or condemnation awards with respect to the Corporation's facilities and equipment. The Bonds shall not be payable from nor a charge upon any funds of the City other than the revenues pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder or holders of such Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay any such Bonds or the interest thereon, nor to enforce payment thereof against any property of the City except the revenues under the Loan Agreements pledged to payment thereof. No Bond shall constitute a debt, legal or equitable, or a general or moral obligation, of the City. D:IAND I 00100 I IRESIAUTHOR.DOC AUTHORIZING RESOLUTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof; and the following voted against: whereupon said resolution was declared duly passed and adopted. / .. '. D:IAND 1 00\00 1 IRESIAUTHORDOC AUTHORIZING RESOLUTION , / . \ j STATE OF MINNESOTA ) ) SS. COUNTYOFANOKA ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota (the "City"), do hereby certify that attached hereto is a compared, true and correct copy of a resolution giving final approval to an issuance of refunding revenue bonds by the City on behalf of Andover Limited Partnership, a Minnesota limited partnership, duly adopted by the City Council of the City on July 15, 1997 at a regular meeting thereof duly called and held, as on file and of record in my office, which resolution has not been amended, modified or rescinded since the date thereof, and is in full force and effect as of the date hereof, and that the attached Extract of Minutes as to the adoption of such resolution is a true and accurate account of the proceedings taken in passage thereof. WITNESS My hand and the official seal of the City this _ day of July, 1997. City Clerk (Seal) D:\AND I 00100 I IRESIAUTIlOR.DOC \ / \ , ) \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: July 15. 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. .3. Public Hearing: Vacation of Easement 14133 Quince Street NW Ashford Development Corp. John Hinzman, JwH- City Planner Request The City Council is asked to hold a public hearing to review the vacation of easement request of Ashford Development Corporation to vacate a portion of a drainage and utility easement located at 14133 Quince Street NW, legally described as Lot 11, Block 4, Crown Pointe East Addition. Ashford is requesting a vacation to reduce the size of the easement in order to construct a home. The area to be vacated is outside the delineated wetland and 100 year flood lines, and has been reviewed by the Engineering Department. Recommendation Staff recommends approval of the vacation of easement. Please consult the attached resolution for more information. Attachments A-I Resolution A-2 Area Location Map A-3 Site Map A-4 Vacation of Easement Application A-5 Notice of Public Hearing A-6 Property Owners within 350 feet of the site. ) CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R- 97 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF ASHFORD DEVELOPMENT CORPORATION TO VACATE A DRAINAGE AND UTILITY EASEMENT LOCATED AT 14133 QUINCE STREET NW, LEGALLY DESCRIBED AS LOT 11, BLOCK 4, CROWN POINTE EAST ADDITION (PIN 26- 32-24-44-0038) WHEREAS, Ashford Development Corporation has requested to vacate the following portion of a drainage and utility easement located at 14133 Quince Street NW, legally described as Lot 11, Block 4, Crown Pointe East Addition: \ j Commencing at the southeast corner of said Lot 11; thence North 00 degrees 32 minutes 28 seconds West, assumed bearing along the east line of said Lot 11 a distance of21.83 feet; thence North 58 degrees 03 minutes 52 seconds West a distance of 47.42 feet to the actual point of beginning of the easement to be vacated; thence continue North 58 degrees 03 minutes 52 seconds West a distance of 65.08 feet; thence North 37 degrees 04 minutes 42 seconds West a distance of 72.69 feet; thence southwesterly along a non-tangential curve concave to the northwest having a radius of 220.17 a central angle of 03 degrees 03 minutes 32 seconds a chord that bears South 20 degrees 43 minutes 42 seconds West a distance of 11.75 feet; thence South 41 degrees 32 minutes 16 seconds East a distance of 156.16 feet; thence South 77 degrees 53 minutes 00 seconds East a distance of 5.67 feet; thence North 00 degrees 32 minutes 28 seconds West a distance of33.18 feet to the point of beginning. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested. J Adopted by the City Council of the City of Andover on this .lith day of~, 1997. , ) \ . / '\ i J Page Two Resolution Vacation of Easement 97-05 Ashford Development Corp. CITY OF ANDOVER ATTEST J.E. McKelvey, Mayor Victoria V olk, City Clerk - .'L ~ =-. ^ F /~. p 'i.-o- ~ '/ I I ; ; - - ....ol.. iI'.Ys' ~ 8" ~.J)C~.. ,. .' .I.~{~ . ........'. ~ 4 " I'~ , ......____ ......- .A -- r ~-, ~ 4 ~ CIllW,t , ~~,if'-. t-;!04 - I 0 "'--. ' ~ .'. "fT",""""""" ~, .~ (I I "/ -U-al,!? II "I_I IIf f'c~1 ~ f 4, · _.II.... =-= 14; "" .,., i I: N;.: ~i/ L AC " W, ,!r. "... 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I /7 ~ ......~...... ....................... ~, ,,' t.. .....:..:..::.;.......:.;... .......:..:...:.. .-::::/:}?~{:)?)~:}~ 28 01.., ~3 /4 ":Ix.;: .\,1, 9 D .u;;","<lirttJ/ , 1.= ,r~ ~'; t ~ \ ~ . ..... ...... i~;.::.:...:....... ":':::::::::{f): 29 / "'" 31 3~3I. J= 3E 37,1 ""'--- ~~ .. .,'...,','. ........ ,,,.,= !! )!;;;[;I;i!II'I;I!::~ J~, I A I ~r.-rJ A ,;'"Ifl'ilfllliJ.Ji!lii ;ill1i~;;!~!1I11~TtH~f# .ifjtffli!i!~;;;l;r!:;llt!B au IV" LIT,... i..:??::;:::::;:;:;;::::::::::::::;:;;;;;:::;;;::::: -I . _m:n-!.l I I I I ! ..L =- ."- "- ~ "-- 'I I , I I I IJ , I I - ....,. .. ..-- l- _ _ _I_ I I .~ -- RI EASEMENT '\ I .30 I .30 -r----=---=------------=----,- - L - -- I I r I : I I I ~100 YR FLOOD I.JNE I I / "'0 I I I 1"- I I //'......"........ I I L (I S~7.32..W j li. 14g. 1 .- .- '\ / UNE ~ O' o~ d~ COb ~o z / I .......1' z'- I ~~ I . '" I eN co ~ I I 'SE k -L___ / LEGEND ) . - Iron monument found o - Iron monumen t set ond morked with license No. 18420. . IlOO.0 - Denotes existing elevotlon ~ - Denotes proposed e1evotlon from grode or development pion --:Q... - Denotes drainage k utntty easernen t _ - Denotes dralnoge orrow r::I - Denotes offset Iron Bearings shown are ossumed - Denotes proposed contour from development or grading plan N I 50 I SCALE o 50 IN 100 I FEET - ;C}\ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 VACATION OF EASEMENT REQUEST FORM Property Address 14/33 N;UI(){P <;"fIeef-!1JW Legal Description of Property: (Fill in whichever is appropriate): Lot I I Block if Addition (! 1-(Jn"J Po. "TC- e~.J t I PIN ;Yf'e - S;:;- ;):.../-4 L{ -OQ)fS the camp ete legal) Plat Parcel (If metes and bounds, attach ----------------------------------------------------------------- Reason for Request /() Cd 1,..0- ,-~-,:::J .4 dJ..4P",',,^.J IE! VY"'- _ rJ.)~ J "Tk F:'''''41 Ph, 0AJ' .f=': / ~ cJ '""Ik p,a,,,,~, SJ../_'/ rJ"j .11........ +: "^ , (}I~I tv~q dL--Au i M .4 S'I-A\;/ 1--1 L....:..... Luho.,) Ln. l. "7 f I S I...r... , cI ~-'tV ~ t=;,. It,......... ...1. c.' , . ~'J...'1,. -.) ')_.4-:........,,, A_d... 1te. (l-'TT'A-e L.. .J d I-17V, ~ j EAJ'l--'-""I A-r SL..,I.../. f 0.1 , / Current Zoning ~4 ----------------------------------------------------------------- Name of Applicant 1\ sh. F...-d.. D~.u-/~P_..T" Cc-_f'r-. -n.J T-./ t:\ I f Address sea "10 1S"',;l^",d L<~ -<- ;(..-1../ AM;)."- _-.../ Home phone '-(). 7 - 9;1-1, Business Phone if;L 7 -o'l'.? J- Signature~ .~ ~_~-c::T Date &.47/~7 ----------------------------------------------------------------- Property Owner (Fee Owner) Jr~ (If different from above) Address Home Phone Business Phone Signature Date ----------------------------------------------------------------- , ;' \ ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA . . STATE OF MINNESOTA NQTICE OF PUBLIC HEARING The City Council 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, July 15, 1997 atAndov~r City Hall, 1685 Crosstown Boulevard NW. Andover, Minnesota to review the vacation of easement request of Ashford Development Corporation to vacate a portion of a drainage and utility easement on property located at 14133 Quince Street NW (pIN 26-32~24-44-0028) . legally described as Lot 11, Block 4, Crown Pointe East Addition.. 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. /. ~da Victoria V olk, City Clerk Publication dates: July 4, 1997 July 11, 1997 j P~: 253224330001 CHAPMAN ALAN L & RENEE J 14212 PRAIRIE RD NW . 'OVER MN 55304 . ) P~; 253224330006 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW ANDOVER MN 55304 P~: 253224330015 WEDEBRAND DARRELL W & S L 772 141ST AVE NW ANDOVER MN 55304 P~; 253224330016 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW ANDOVER MN 55304 P~; 253224330032 P & R BUILDERS ~C 6382 BALSAM LN MAPLE GROVE MN 55369 P~: 253224330033 SHARP RUSSELL A & SUSAN A 759141ST AVENW ANDOVER MN 55304 P~; 253224330034 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW ANDOVER MN 55304 P~; 253224330035 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW ANDOVER MN 55304 P~; 253224330036 BURLAND RONALD R & NORA M 758141STLNNW ANDOVER MN 55304 p~; 253224330037 FUEHRER MICHAEL W 746141STLNNW ANDOVER MN 55304 , \ ~_ ,1 P~: 253224330046 ASHFORD DEVELOPMENT CORP ~C 745141STLNNW ANDOVER MN 55304 P~: 253224330047 NEBEL KELLY J 757141STLNNW ANDOVER MN 55304 P~; 253224330048 W ALTERS DRUXMAN DEBORAH & J 769141STLNNW ANDOVER MN 55304 P~; 263224440003 HOODY WILLIAM J & ANNETfE M 14088 QUINCE STNW ANDOVER MN 55304 P~: 263224440004 PRICE MARK D & LISA K 14098 QUINCE ST NW ANDOVER MN 55304 P~: 263224440005 JUEDES BRET S & MELISSA A 14108 QUINCE STNW ANDOVER MN 55304 P~; 263224440006 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW ANDOVER MN 55304 P~; 263224440007 HENNESSEY THOMAS J & BECKY A 14128 QUINCE STNW ANDOVER MN 55304 , \ I /263224440008 ASHFORD CONSTRUCTION CO ~C 3640 152ND LN NW ANDOVER MN 55304 P~: 263224440009 ZIESMER FREDRICK A & MARSIE A 14152 QUINCE STNW ANDOVER MN 55304 P~: 263224440010 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW A' 1VER MN 55304 '. I P~: 263224440011 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW ANDOVER MN 55304 P~; 263224440012 T JBHOMES~C 14190 QUINCE ST NW ANDOVER MN 55304 P~; 263224440019 OLMSTEAD DALE R & CONNIE J 14168 PALM STNW ANDOVER MN 55303 p~; 263224440020 QUIN MARK T & YOLANDA D 14156PALMSTNW ANDOVER MN 55304 P~; 263224440021 T AIE DARREN J & JOANN A 14144 PALM ST NW ANDOVER MN 55304 ?~: 263224440022 ':ENTURY HOMES ~C 14132 PALM ST NW -\NDOVER MN 55304 P~; 263224440023 TIllMM JOHN A & PAMELA M 811141ST AVENW ANDOVER MN 55304 ,~: 263224440024 \SHFORD DEVELOPMENT CORP ~C ;640 152ND LN NW \NDOVER MN 55304 P~; 263224440025 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW ANDOVER MN 55304 , .' ,~; 263224440026 '"ELDMAN STEVEN D * )BA FELCO PROPERTIES 1050 1 CEDAR LAKE ROAD vITNNETONKA MN 55305 P~; 263224440027 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW ANDOVER MN 55304 )~; 263224440028 \SHFORD DEVELOPMENT CORP ~C 640152NDLNNW \NDOVER MN 55304 PIN: 263224440029 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW ANDOVER MN 55304 IN: 263224440030 :OZICH BRADFORD A & JANET L -l161 QUlNCESTNW .NDOVER MN 55304 P~: 263224440031 JAY JOHNSON CUSTOM HOMES ~C 471105THAVE COON RAPIDS MN 55433 ~: 263224440032 .SHFORD DEVELOPMENT CORP ~C 540 152ND LN NW NDOVER MN 55304 p~; 263224440033 CARSONCRAIGS&MARGMffiTH 812 141ST AVE NW ANDOVER MN 55304 " '\ Th 3224440034 . ; EARNS NOREEN 26141ST AVENW NDOVER MN 55304 P~; 263224440035 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW ANDOVER MN 55304 P~; 263224440036 KUHLMAN WILLIAM F & ERIN E 854 141ST AVE NW /. -')VER MN 55304 .' P~; 263224440037 SP ARROWGROVE MICHELLE L & L p* 868 141ST AVE NW ANDOVER MN 55304 P~: 263224440038 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW ANDOVER MN 55304 P~; 263224440043 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW ANDOVER MN 55304 P~; 263224440044 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW ANDOVER MN 55304 P~; 263224440045 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LNNW ANDOVER MN 55304 P~; 263224440046 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LN NW ANDOVER MN 55304 , / \ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: July 15. 1997 ITEM NO. I. Lot Split 97-05, Variance 16030 Makah Street NW Tarri & Kevin Stanton Request ORIGINATING DEPARTMENT Planning John Hinzman, 1'" It- City Planner AGENDA SECTION Discussion Item The City Council is asked to review the lot split and variance request ofTarri and Kevin Stanton to split a 5.02 acre parcel into two 2.51 acre lots pursuant to Ordinance No. 40. Variances are requested on the minimum lot width at front setback requirement of 300' for both parcels. Parcel A would measure 269 feet at front setback, and Parcel B would be 270 feet at front setback. , , / Planning and Zoning Commission Action The Planning and Zoning Commission voted 3 to 1 (3 absent) to deny the lot split and variance at the June 24, 1997 meeting. Many neighbors spoke in opposition of the request citing the five acre lot size of most homes in the area. Lack of a hardship, ownership status of the current property, and the unique and probable devaluation of the other homes in the area were cited in the recommendation for denial. Precedence The City has granted variances to lots meeting the minimum 2.5 acre lot requirement of the R-I, Single Family Rural district, but lacking minimum width at front setback. Two recent examples include the Ashford lot split at 1422 161st Avenue NW (LS\V AR 96- 06), and the Scardigli split at 560 177th Avenue NW (LS\V AR 95-02). Both parcels met the minimum lot size but were granted 30 foot variances to lot width provision. The applicant is attempting to contact the property owner to the north in order to acquire additional land to meet the minimum lot width requirements. Please consult the attached resolution for denial,minutes from the Planning and Zoning Commission meeting, and petition for denial for more information. \ I j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -97 A RESOLUTION DENYING THE LOT SPLIT\V ARlANCE REQUEST OF TARRl AND KEVIN STANTON PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM WIDTH AT FRONT SETBACK REQUIREMENT ON PROPERTY LOCATED AT 16030 MAKAH STREETNW (PIN 18-32-24-31-0008). WHEREAS, Tarri and Kevin Stanton, have requested to split the northern 2.51 acres of a 5.02 acre tract pursuant to Ordinance No. 40 and to vary from the minimum lot width requirement of 300 feet of Ordinance 8, Section 6.02 by 31 feet on Parcel A, and 30 feet from Parcel at 16030 Makah Street NW legally described as Tract W, Registered Land Survey No. 72. / WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria for granting a lot split under Ordinance No. 40 or variance under Ordinance 8, Section 5.04. WHEREAS, the Planning and Zoning Commission finds the request would 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 neighborhood opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the lot split\variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation ofthe Planning and Zoning Commission and denies the lot split\variance on said property for the following reasons; 1. Opposition from neighboring land owners. 2. Lack of a hardship. 3. The unique and probable devaluation of other homes in the area. . / 4. Ownership status of the property. / Page Two LS\V AR 97-05 16030 Makah Street NW July 15, 1997 Adopted by the City Council of the City of Andover on this 15th day of lllh:, 1997. CITY OF ANDOVER ATTEST; J.E. McKelvey, Mayor Victoria V olk, City Clerk , / \ '. , \ / Planning and Zoning Commission Meeting June 24, 1997 - Minutes Page 2 " " " Commissione Wells asked if any structures would be built on the 17 foot parcel. Mr. Hinzman sta d there would be none; however, Mr. Toikka may put his garden on that parce MOTION by Luedtke, seco ed by Wells to open the public hearing. Motion carried. There was no public t Commissioner Wells questioned the hardship use both homes were constructed prior to Andover becoming a city. She ressed concern that a structure could be built on the 17 foot parcel and is ag t the request. lIs to close the public hearing. Motion MOTION by Gamache, seconded by carried. \, Chairman Peek explained that no structures would be built 0 e parcel because it is unbuildable. He noted that this is a simple land transaction neighbors. MOTION by Luedtke, seconded by Gamache granting the lot splitjvarianc request of Shane Zerk as presented. Motion carried on a 3 yes, 1 no (Wells) vot This will go to the City Council on July 15, 1997. Public HearingfLot Split/Variance/16030 Makah Street NW Mr. Hinzman reviewed the request of Tarri and Kevin Stanton to split the northern 2.51 acres of a 5.02 acre parcel at 16030 Makah Street NW and for a variance from minimum lot width at the front setback line. The property is zoned R-1, single family rural. The applicable ordinance are Ordinance 40 which regulates the division of lots; Ordinance 8, Section 5.04 which establishes the variance procedure and process; Ordinance 8, Section 6.02 which establishes the provisions for minimum lot width, lot depth and lot area; and Ordinance 10, Section 9.07.10 which establishes the minimum area of land dedicated to park and open space. Mr. Hinzman noted that the property is 5.02 acres so that both parcels would satisfy the requirements for lot area. The variance being requested is for the minimum width at the front setback line. Parcel A would require a 31 foot variance as it would be 269 feet and Parcel B would require a 30 foot Planning and Zoning Commission Meeting June 24, 1997 - Minutes , Page 3 " variance as it would be 270 feet at the front setback line. The ordinance requires that the width be 300 feet. Staff recommends approval with the condition that a sunset clause be applied and the applicant pay park dedication fees. A resident asked if there would be a road between the two lots. Mr. Hinzman replied no. Commissioner Wells questioned whether the newly created parcel would be buildable. Dave Almgren, Building Official it is a high, dry parcel and is buildable. MOTION by Luedtke, seconded by Wells to open the public hearing. Motion carried. \ Linda Gibson, 15961 Oneida Street NW stated that she has lived in her home for 23 years and for the past three years there has been a lot of trouble in the neighborhood. Her garden has been destroyed and a field behind her home was set on fire last year. Because of some of the things that have happened to her, she doesn't want any more houses in the neighborhood. She feels that this is being requested for financial gain. / Bill Fudge, 16005 Makah Street NW stated that he has lived in his home for 17 years and when he purchased his home it was with the understanding that every lot would be 5 acres in size. His concern is that the other lots on Makah could be split into 2.5 parcels and they could end up with a lot of houses on the street. Mr. Hinzman explained that the lot in question has more frontage than the others on Makah and he didn't think the city would allow the others to be split because they would end up with only 170 feet in width. Mark Monroe, 15961 Makah Street NW stated that when they looked at the parcel they bought, they were told by the city that they would always be 5 acre lots. He felt that the only reason for this is financial gain and he didn't think this should be allowed. Dennis Anderson, 15952 Makah Street NW noted that he has 602 feet of frontage. When he purchased his property in 1986 they were 5 acre lots and he feels that \ J Planning and Zoning Commissioll Meeting June 24, 1997 - Minutes ) Page 4 they should remain that way. He didn't think this property should be subdivided. Carl Spencer, 12180 Magnolia Street NW, Coon Rapids, owner of the adjoining parcel to the north - stated that when he purchased his property, he was told it was a 5 acres parcel but could be split into two 2.5 acre parcels. His parcel is one of the few that is undeveloped. He noted that he has a problem with the variance, stating that when the city set a minimum lot width at the front setback line, it was done for a reason. He is concerned with density and the value of the land. Dan Weigold, 4615 -160th Lane NW stated that they purchased a lot out here because there were 5 acre lots surrounding his one acre parcel. He concurred with the neighbors. MOTION by Wells, seconded by Luedtke to close the public hearing. Motion carried unanimously. . , Commissioner Wells felt that we are dividing Andover into too many chunks of land. Commissioner Luedtke stated that there are no more places in Andover where there are 5 acre lots and agreed 'with the property owners because this might cause property devaluation and there is no hardship. MOTION by Wells, seconded by Gamache to recommend to the City Council denial of the request due to landowner opposition, lack of a hardship and the fact that the home is already sold and the unique and probable devaluation of other homes in the area. Motion carried on a 3 yes, 1 no (peek) vote. This will go to the City Council on July 15, 1997. ~c Construct Accessorv Structure Closer to Front Lot Lme t Structur -159th Avenue NW Mr. Johnson reviewed the r st of Ray and Kathy Schroeder to allow for the construction and placement of an ac structure closer to the front lot line than the principal structure. The property is. cres and is zoned R-1, single / CITY OF ANDOVER REQUEST F,OR PLANNING COMMISSION ACTION DA TE June 24, 1997 AGENDA ITEM 4. Public Hearing: LS 97-05 Variance 16030 Makah Street NW Tarri & Kevin Stanton ORIGINATING DEPARTMENT Planning John Hinzman .:Jwfof- r;t., Phnnpr APPROVED FOR AGENDA BY: BY: Request The Planning and Zoning Commission is asked to review the lot split\variance request of Tarri and Kevin Stanton to split the northern 2.51 acres ofa 5.02 acre parcel and to vary 16 feet on both parcels at 16030 Makah Street NW (pIN 18-32-24-31-0008), legally described as Tract W, Registered Land Survey No. 72. The property is zoned R-l, Single Family Rural. Applicable Ordinances / Ordinance No. 40, regulates the division of lots. A lot split is defined as any division of a lot, parcel or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for a platted lot in the applicable zoning district. Section IV also gives the City Council the power to vary or modify the application of this ordinance provided such variance or modification is consistent with the letter and intent of the Comprehensive Plan. Ordinance 8, Section 5.04, establishes the variance procedure and process. Ordinance No.8, Section 6.02, establishes the provisions for minimum lot width, lot depth and lot area in a R-l, Single Family Rural zoned district. The minimum requirements in a R-l district are as follows: Lot Width at Front Setback Lot Depth Lot Area Per Dwelling - 300 feet - 150 feet - 2.5 acres Ordinance No. 10, Section 9.07.10, establishes the minimum area ofland dedicated to park and open space. For all subdivisions by metes and bounds description the subdivider or developer may elect to pay, in lieu of park dedication requirements, the sum offour hundred dollars ($400.00) for each dwelling unit that could be constructed j Page Two LSW AR 97-05, Stanton 16030 Makah Street NW June 24, 1997 \ upon the proposed subdivided property. In the event the developer elects to pay said four hundred dollar ($400.00) charge, the City may collect additional park fees if the developer re-subdivides the property in the future. Determination Staff has determined that strict enforcement of the provisions of 6.02 would preclude the applicant reasonable use of the property, creating an unnecessary hardship, not created by the property owner, and reason for granting a variance, as stipulated in Ordinance 8, Section 5.04. Variances for lot width have been granted recently for similar situations in the R-I district. Commission Options 1. The Planning and Zoning Commission may recommend to the City Council approval of the lot split\variance requested by Tarri and Kevin Stanton on property located at 16030 Makah Street NW, legally described as Tract W, Registered Land Survey No. 72. The Commission fmds the request meets the requirements of Ordinances No.8 and 40 / 2. The Planning and Zoning Commission may recommend to the City Council denial of the lot split\variance requested by Tarri and Kevin Stanton on property located at 16030 Makah Street NW, legally described as Tract W, Registered Land Survey No. 72. The Commission finds the request does not meet the requirements of Ordinances No.8 and 40. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. Staff Recommendation Staff recommends approval of the lot split\variance as requested with the following conditions: I. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section IIl(E). 2. That the applicant pay all park dedication fees as defined in Ordinance No. 10, Section 9.07.10. . I , - ) Page Three LS\V AR 97-05, Stanton 16030 Makah Street NW June 24, 1997 Attachments A-I Resolution A-2 Area Location Map A-3 Site Location Map A-4 Lot Split and Variance Applications A-5 Notice of Public Hearing " J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -97 A RESOLUTION GRANTING THE LOT SPLIT\V ARIANCE REQUEST OF TARRI AND KEVIN STANTON PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM WIDTH AT FRONT SETBACK REQUIREMENT ON PROPERTY LOCATED AT 16030 MAKAH STREETNW (pIN 18-32-24-31-0008). WHEREAS, Tarri and Kevin Stanton, have requested to split the northern 2.51 acres of a 5.02 acre lot pursuant to Ordinance No. 40 and varying 16 feet on both parcels from the 300 foot minimum lot width at front setback requirement of Ordinance 8, Section 6.02 at 16030 Makah Street NW legally described as Tract W, Registered Land Survey No. 72. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and " J WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split\variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions; 1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 2. That the applicant pay all park dedication fees as defined in Ordinance No. 10, Section 9.07.10. . ) . ) / Page Two LS\V AR 97-05 16030 Makah Street NW June 24, 1997 Adopted by the City Council of the City of Andover on this .l51h day of ~, 1997. CITY OF ANDOVER ATIEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk / I/V IIVIY . ~61. TEREO I 2 .J 4 I TI'tKI M TITICf () ! T,~L TI'tKI R ": . l, T,~K ~ ~ TI'DCI S ~ ~ Tr<<f J ; Troc' T R.-1 ~ ~ ~ TIOC' H , .J , / ,.;".... -/... ':'..~ ~_.~ fiI.ti . I J- "Ill -- il:~i'~,~~, ~. ~'Jri! I !.:lll!li ~~~ flilli " DJO~ . / . I -I-----....~- -,..~ " . .I .... ~ r _..... . i ! J iI _ .... I 'I f'! t . I~ ... !oJ ~ ~ 1 LI i ~ lit -... ~ h__~..I_ !..\-.. . . . I~ ,- IV"O!-"\(\- . ~ I I> III x.J :d " J~, .~- ~.; II S < ~ L OJ. 9 '<l' ~ l~lli ..-! 01.1:0: \f'll '"!'lIolIJ ~Iirt~ rJ j ~~iJ3. -!Jj'lfj~l~ ~ . ... ~ !l;~ l: _ ~- jH~~l~J g :dol i.!'3~8'. = rH~ I~h~z ~ H!HHU! $ j~j!] ii i~ II ~ ,; 1!8i~11 . ~ .'aIH'iill 1 ~ .. ~ r H ~ .8 H ;; l~liil~tiiis ~ dih~Ud I ~ It i I U . 1 I '.. ',' t f I: . t'. ~ J. I ~.. ! i h~' 'II H ~ ; ! f f I il~ II f zt II Hi Ii ft fl~ " Ll &i ,5, . J l.".';~;': ' v~....... ! - .....,rao.._.~.. , . r ".. ~~.' . .. . .'r" .'. .~ ". : I... lIdS: j..01 " '" , ' . ; " I. / / / ) - CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 '. LOT SPLIT REQUEST FORM Property Address J ~-SO MA.~c...ieJ... ~p 1Ju.J, Legal Description of ~roperty: (Fill in whichever is appropriate): Lot VII Block Addition K L c., AN''":) oJ~ MN, ~l.{ A;". I; 1'-..,. ,_ PIN <::1t932...z..lf SlClCCl8 (If metes and bounds, attach the complete legal description). or Torrens ~ ? (This and can be obta~froa the Is the property: Abstract inforaation aust be provided County) . ----------------------------------------------------------------- Reason for Request fl')(\-f'cY.v... ~ pA"-' sph i-s -z. L-o-r c:; MA.\c<i!..... / Current Zoning ~"S. ',d..~",""", A...l (R-{) 5/'(';:'/2 Fc!tr.II~ {?V{C1{ ~ ----------------------------------------------------------------- Name of Applicantl-AJLS2-,' L J... ke.u,,,,,, -::r: <:;;\~. Address I Co Os 0 MA \c:::4 \...\ Rome Phone .;:;:; - .9 3.3~ Business Phone signature~_t ;tJ,,-~ Date /;-/{)-97 ----------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Date ----------------------------------------------------------------- / - rfii"" CITY of ANDOVER '~r\) '~.r,p.~ VARIANCE REQUEST FORM Property Address Id;aqo yJlt2L:Clj~5f /lJj,(/ Iloclove.r Legal Description of Property: .~ ~ ~ (Fill in whYi:.ev~r jS lrprOPria.te): - - -. r Lcrt8e ~/acBfoCkt5 rveys Addition /?LS t\,IO. 7~ Plat Parcel PIN /15 -~-~ - '5/-az<;t (If metes and bounds, attach the complete legal) --------------------------------------------------------------------- Description of Request bh + ~::A-""b Ih/- rr. Per Ci[:('yd;l'Ol7fr.' ~ (,,02- . Specific Hardship !/arr()tLll1~S5 0+ !ol,f)rch,'h,ls 'rJ/f {;.On1 .., r dlfflf1((J /'eel fOremen }j / j/ Section of Ordinance ~ Current Zoning {,,02 --------------------------------------------------------------------- Name of Applicant / tlrrl (5 Jqf} Ion Address /It;D3D '1r7a/(CLh \<SJ-!VV /J1'7c10V~V . Home Phone )..../ ;).,:j- ~ B 30 Business Phone Signature ~. ~ ",/' ;im i Date &7 - / () - 1 7 --------------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature , Date , /------------------------------------------------------------------ \ CITY of ANDOVER -' 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF NITNNESOTA NOTICE QF 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 24,1997 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the lot split and variance request ofTarri and Kevin Stanton to split the northern 2.51 acres of a 5.02 acre parcel and vary from the minimum lot width at front setback requirement of Ordinance 8, Section 6.02 on property located at 16030 Makah Street NW (pIN 18-32- 24-31-0008) legally described as Tract W, Registered Land Survey No. 72, Anoka County, Minnesota. 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. / iZ;,~ I~ Victoria V olk, City Clerk Publication dates: June 13, 1997 June 20, 1997 PIN; 183224230002 'lORTON TERRY L & TERRY SUE t614161STLNNW A ?oTTV)VER MN 55304 : ) ")IN; 183224240007 I.fICKELSON S M & LABOE M A 16150 MAKAH ST NW -\NDOVER MN 55304 PIN: 183224230003 KERR GEORGE E & CAROL A 4644 161ST LN NW ANDOVER MN 55304 PIN; 183224240009 DEAL JAMES D & PAMELA S 16191 MAKAH ST NWBOX 159 ANOKA MN 55303 ")IN; 183224310001 -\NDOVER CITY OF '685 CROSSTOWN BLVD NW \NDOVER MN 55304 PIN; 183224310003 MONROE MARK W & PATRICIA L 15961 MAKAR ST NW ANDOVER MN 55304 'IN; 183224310004 '1JDGE WILLIAM L & J A lRUSTEE 6005 MAKAH ST NW \NDOVER MN 55304 PIN; 183224310005 KUKERMATIllAS A 16055 MAKAR ST NW ANDOVER MN 55304 'IN; 183224310007 ;PENCER CARL A & GLORIA J .2180 MAGNOLIA STREET NW :OON RAPIDS MN 55433 PIN; 183224310008 STANTON KEVIN J & T ARRl L 16030 MAKAR ST NW ANDOVER MN 55304 \ , I '1,.: .83224310009 \NDERSON DENNIS E & MARYANN .5952 MAKAH ST NW \NDOVER MN 55304 PIN; 183224310010 DEAL JEFFREY P & DAWN M 16087 MAKAR ST NW ANDOVER MN 55304 'IN; 183224310011 .ORIMER WILLIAM J & TERESA M 6094 7TH AVE NW \NDOVER MN 55304 PIN; 183224320002 BUfLER OLIVE C & J P 15935 ONEIDA NW ANOKA MN 55304 'IN; 183224320003 OlmSON DEW A YNE C & SHARON 5958 ONEIDA ST NW \NDOVER MN 55304 PIN: 183224320004 BUCK RlCK A & VICKI J 16014 ONEIDA ST NW ANDOVER MN 55304 IN; 183224320005 '.EICHERT CRAIG A & SUZANNE G 6030 ONEIDA ST NW .NDOVER MN 55304 PIN; 183224320007 TIIOMPSON GREGORY J & LISA C 16037 ONEIDA ST NW ANDOVER MN 55304 1'- '3224320008 i..' ..IN LINDA I 5961 ONEIDA STNW .NDOVER MN 55304 PIN; 183224320009 Hll..LIARD RlCKY D & PAEZ I F 15959 ONEIDA ST NW ANDOVER MN 55304 :lIN; 183224320010 ~IGOLD DANIEL E & MARY ANN t615160lHLNNW AlJl10VER MN 55304 ,~ \ PIN: 183224320011 MARQUARDT DENNIS C & J E 4643 160lH LN NW ANDOVER MN 55304 '. .~/ ;)IN: 183224320025 3UfLER OLIVE G & JOANN P l5935 ONEIDA ST NW -\NDOVER MN 55304 , " . / ) . , , .J \ j July 9, 1997 To: City Council of Andover, Minnesota Re: Request of Kevin and Tari Stanton to divide the 5 acre plot located at 16030 Makah St. N. W. into two 21/2 acre buildable plots. Attached is a petition asking the Council to reject the above request. The petition covers the development on Makah Street from 159th Avenue to County Road 7. This development contains 21 five acre lots owned by 20 owners (one family who signed the petition owns 2 lots). Therefore, out of the 20 owners 16 signed the petition to reject, 2 were unable to be contacted, 1 would not sign and the Stantons were not asked to sign. From the petition you can see that the owners of the development overwhelmingly oppose the request. Also, the Planning and Zoning Council voted to recommend to the City Council that the request be rejected. We trust the City Council will do what the majority of the people want. Thank you for your consideration. '. / " , / Petition to the City of Andover, MN, to reject the lot split requested by Mr. and Mrs. Kevin Stanton This petition is submitted from landowners of the registered lots of the subdivision called "Old Farm Estates" requesting the City Council of Andover, MN to reject the lot split requested by Kevin and Tari Stanton based on the following reasons; 1. These lots were purchased in this development as 5 acre lots and on the assumption that they would remain that way. By allowing a lot split to 21/2 acres and an additional buildable lot in the development reduces the value of the remaining landowners who cannot or wish not to split their lots. The Stantons should not benefit financially at the expense of the remaining lot owners just because they sold their home under these terms. 2. It is our contention that this is not a hardship case. The Stantons intended to do this from the time they built their home. The home was built on the very extreme south end of the lot as permitted. The home was advertised in the Anoka Shopper April fJ: issue as a 21/2 acre lot, not 5 acres (see attached ad). They requested the City to divide the lot June 24th after the home was listed, advertised and sold as a 21/2 acre lot. Also, how can this be a hardship case if the home is sold. Again, this is a tactic by the Stantons to benefit financially at the expense of remaining lot holders. 3. This is one of the few developments remaining in Andover that has 5 acre plots, lets keep it that way. Do what the majority of the people want. \ ,I J Address I {, r S?o /)1 (j fc-P.... j)f Il.l, J I &roS' ~\~) sr IJ. (jJ, Co \ S- 0 f)' I tovk \' +- l.\ \.-'0 , , 1111 A tA 11, \ , \ .J ,. Respectfully submitted to the Andover, MN City Council ", J COON RAPIDS: 757-2700 ;WA-I I I ~~ ,-. MOTIVATED SELLER WANTS IT SOLD! Outstanding 3 BR. 4 BA town home w/beauti- ful wooded view. Finest quality custom fea. tures Eir: top amenities only found in upper bracket homes. Large sunny kitchen w/center island. Master suite w/double jacuzzi. Immediate occupancy! S 155,000. 22().9236 Deb Moorhead 757-2700 ,-,'--- - ---..-- ;-".,-" ~" -- .'", "~',_.. '/'-""'" ~:--- ~"" CiJ ~-:~r~a( _____ -- :.....;;"_I.-.~~,- * NEW CONSTRUCTION * There isn't another builder out there that can beat our prices - "we guarantee it.... Quality will not be sacrificed. "that's a promise!" Give us a call. you will be glad you did. 757-2700 Deb Treichel 757-2700 5 ACRES Corner tot. loads of room on this parcel. Full cedar front with covered porch. Vaulted ceil- ings and oak rails accent this home. Large mas- ter with walk-in closet. Walk-out basement awaits your finishing touch. Call today, it won't last long. 650.1577 The "Wright" Team 757-2700 '. w_ -.....~.-.... .........._ . .~',~..~':':"'_~ /::~..<;>>:~~t. ~ ~ "v,,'>, ~~~:~~c:,:::~,<yL MUST SEE TO BELIEVE! Beautiful rambler set on 2.5 acres surrounded by trees! 3 BRs, 2 BAs, vaulted main, Ig. kitchen, open oak rails, lower level MBR (27x 19), 2-car, front porch, CA << more. S 124.900" 422-9595 Jon D. )ondahl 22().9013 Spectacular 2-stor"/ loaded with all the e;ll,tras! Open flOWing floor plan with huge great room, Fr, center island kit. formdl DR, hdrd- wood floors, 3 BRs up, 3 BAs, 3-car gar., CA. sec. system, porch &: more. S 199,900. 422.9595 Jon D. londahl 220.9013 Coon Rapids: 757.2700 Nisswa: 1.SDO-NISSWA.1 Two Locations to Serve You! m@MI.S~ -"".1':11- ':~~.~:~;~ 8 ''1~ EiEaIDm.. -"~ . ~,",,"-";' IRRESISTIBLE PRICE UNBEATABLE QUALITY Kadell Homes introduces the "Mackenzie" a 2 BR split entry featuring vaulted ceilings, oak rails, ceramic bath, bay window in living room, floor trusses, central air;. maintenance-free sid- ing, brick front, and 3-car garage, S79,9OO plus lot. 757-2700 Deb Treichel 220-9035 TOO NEW FOR PHOTO LOT IN COON RAPIDS Oaks of shenandoah, 130,900. Scott Olmstead Builders. Your plan or ours, will custom build. Oir.: 131 st to Raven St. S to 129th lane, W to lot 220.9022 "Ann Olmstead 757.2700 - "' ~~\::,:. . ,~" ...fC/<:;:~Si',< ~ c' ",;"li;~t)",,"'.;'I~"iU "1~ ,j.,,,",.,.>!!.~ ilr'l. .. '1\ ,< --"'iIt,.~ ~:~;i:1\i~?~ ; . -' ""f' ,'~<~. . ..-~' "",', .' ;'. ':~', -.,,--,~~~,'.,:;;',,"-~ FABULOUS 4.LEVEL ON 2.5 ACRES Must see to believe! 3 BRs, 3 BAs, vaults, for- mal DR, Ig. kit., tons of windows, main laun- dry, walk-out FR, fin. lower level with wet bar, FP, 3-car plus 2-car detached, CA &.: much more! S 199,900. 422.9595 Ion D. )ondahl 220.9013 --'~'c~~ ~ - EVERYTHING YOU COULD WANT IN A HOME! Walk-out rambler with 4-season porch, maint- free eltt., new roof, new furnace. air purifier, humidifier, CA. 3 BRs, 2 BAs, on 5+ acres over- looking nature area. Hurry! S 159, 900. 220.9040 tARae Bakke 757-2700 ~D .. ACCLAIM ~l\KI\G REAL ESTATE REAL EASY.'" ",. _~l"..':_r-: :",:r..,'J...:..:J:~~.....IlUltf\;lll~"gcI_ http://www.coldwellbanker.com \ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , J DATE: July 15. 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO.S Discuss Rezoning 1 40th Lane NW & Prairie Road NW John Hinzman, -:)wtY City Planner Request At the June 24, 1997 City Council meeting, staff was directed to contact property owners in the vicinity of 140th Lane and Prairie Road of the possible rezoning ofland from R-I, Single Family Rural, to R-4, Single Family Urban for their approval. Results will be presented at the meeting, , J Attachments A-I Minutes from the June 24, 1997 City Council Meeting. A-2 Letter from Scott D. Varner, Deputy Anoka County Assessor A-3 Site location map A-4 Copy of letter sent to property owners A-5 List of effected property owners J Continued Andover City Council Meeting Minutes - June 24, 1997 \ Page 10 .1 DISCUSS ORDINANCE 214/DISEASE SHADE TREE ORDINANCE " Mr. Carlberg stated Section 13 of Ordinance 214 requires the planting of one tree in the front yard for each lot of record created after May 6, 1997. Other cities require trees to be planted in the boulevard, but Andover's policy has been not to allow any plantings in the boulevards. That is why this particular requirement was adopted. Councilmember Dehn agreed with reforestation but noted the requirement of a developer to plant a tree in the front yard takes away the individual freedom of the property owner regarding the placement and type of tree to be planted, or whether one is wanted in the front yard at all. It eliminates individual choices. She'd prefer to have an educational program to encourage people to plant and inform them of the choices available by directing them to the Horticultural Society, Extension Service, etc. Mayor McKelvey stated in looking around, there are very few lots without trees in the front yard. He did not think it is a problem, so it is not needed in the ordinance. Also, the developer may plant a different type of tree than what the homeowner wants. Mr. Carlberg summarized the Council's position that the Mission Statement should reflect more education versus actual tree planting. He suggested the item be brought back at the July 1 meeting removing , Section 13. The Council agreed. j DISCUSS REZONING/140TH LANE NW AND PRAIRIE ROAD Mr. Hinzman asked for approval to contact the property owners along 140th Lane west of Prairie Road to discuss initiating a rezoning of their properties from R-1, Single Family Rural, to R-4, Single Family Urban. The area consists of eight homes and is completely surrounded by R-4 development. Utilities are already stubbed on 140th Lane. Mr. Carlberg stated Staff would send the residents a letter to ask if they would be interested in the rezoning. The reason for rezoning the entire street at once would be to eliminate having to do an individual rezoning seven or eight times each time a parcel wanted to split. The Council was concerned with causing an increase in valuation and taxes as a result of the rezoning. The ability to split a parcel may also depend on the location of the house on the lot. Mr. Carlberg stated the county is aware of the ability to split and the availability of utilities to these parcels. He did not feel the rezoning would affect the valuation, that those factors are already included in the property valuations. The rezoning would not require the property owners to hook up to utilities nor to split their parcels if they don't want to. The Council agreed to have Staff contact the residents for their j opinion, noting they would not consider a blanket rezoning unless '" majority favor it. They asked that the result of the initial contact be brought back to the Council. '1 1 I i 1 , . COUNTY OF ANOKA , \ \ Office of the Count)' Assessor Government Center 2100 3rd Avenue, Anoka, Minnesota 55303-2281 612-323-5475 Fax; 612-323-5421 DATE; July 1, 1997 FROM; Honorable Mayor & Andover City Council Members Andover City Hall 1685 Crosstown Blvd. NW Andover, MN 55304 ~ Scott D. Varner '. ...- Deputy Anoka Co""" l\ssessor MEMO TO; , / RE; Valuation of properties impacted by the existence and extension of Metropolitan Urban Sewer Service Area (M.U.S.A) boundaries. Historically, properties located within or near M.U.S.A. boundaries have sold for substantially more than similar properties that have no likelihood of being serviced in the foreseeable future. The impact does vary however, depending upon parcel size, zoning, presence of wetlands, existence of buildings and the time frame in which it is serviceable all result in an impact that can vary significantly. Since by statute and contract we are charged with estimating the market value of all property located within the City of Andover, we continue to recognize this influence and reflect it upon the estimated market values that we establish. However, in addition to the items mentioned earlier, there are planning, engineering and political aspects that add uncertainty to the development process. For these reasons we utilize a cautious approach when estimating the market value of properties subject to these influences. j Affirmative Action / Equal Opportunity Employer :ar./1I ./'" \. ",. ~ -.A#r --- _ r-- - ~.-- ~ ~:::B\ -- '" ;:-or ~~ ~.,?J;( R 4' ~ C'rNk \~ ~ '" ~ - 0 """" __ . , ,j 11//14....,... c1 ~ / IS "-'01l~ I J...l.!,I7. 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I~ 1 ..2- 5 IS ,~2.~Z\21 .18 \10:-5 3 ,U " 13 " 4 'N 32 .3 ~~../ 17 9 6 2. 1 J 3 -U. -j 3 Y.2~ .r /'-.10 ~I 1-"6' 7 11 12 IZ 2, I, "Z :2 &~~9~~ 15) 8 I 13 ,\Ji .1.' 1 ~~~~~ 1'1 K\~~ $,' ~ ~~"',;, ~~"!4'ffi:.- '~jJBROO ,3 ~~ ~/, ,~~""cJ, -Tf- -- 'flj ~~~cdK(DV"""\5\6 7\8\9~~ --4.../.7 ">-Dv ~ 13.... 6 8 9~11~~ 1,\2\3\4\ \ ~.>\W 'tJ ~A ij [7;" (/ 4 1 5 },:':::,::':::-.:.::::.:.:/L\I;::~t:{::::{/>t:{})~{ /0 \ W .; ~~\%:; /2 1;1' ~ .. ...;..:::::}t/~~~i(:::>::}>{}(~7 'z.6 \ ~I 8: \ /6"" o.L ~ 'O.L. ... ......... .....;.:-..... . .:.:<<::.::::::/: :::::::.::}:<:::::: 'dz '2:2k/1 !3 :! /7 ~?- ~ .....:..:-.. . '::.:-:':::::...::::::'.::::'::::::::: 28 -I~' 14 %\4 ),''{ ./'0 ~.... .......\\;;!I >9 j,; "':~~>1~~:71! · .... ...... . .. ~ ...... . . .... ..... ........... ~_.. ".1" ...... .......f>,;.~2;.............................II;.~1.;\............ -\ i.tll..................lllilll mi;............. .'j .I.;IM......@)..... _J A ~'~1\ "'I[,@'.;I; \...........tR.... .3...... ............I.l........)~z.~...~n......~......./~;'!lit R. , I CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 June 25, 1997 Dear property owner, The City of Andover is examining rezoning properties in the vicinity of 140th Lane NW and Prairie Road NW from R-l, Single Family Rural to R-4, Single Family Urban (see attached map). As you may be aware sewer and water service was extended in 1993 to the area and stubbed to capacitate future subdivision ofland. A City initiated rezoning enables property owners to subdivide portions of their land, without the extra cost of an individual rezoning application ($250-$290 per application). The proposed district change would be comparable to the neighboring subdivisions of Hills of Bunker Lake 5th Addition, Crown Pointe East, Shadowbrook, and Cherrywood Estates. Minimum lot size would change from 2.5 acres under R-l, to 11,400 square feet, under R-4. , j Letters have been sent out to aU affected property owners to gauge neighborhood opinion on this matter. Please let me know your feelings on the rezoning by Monday, July 14 at 767-5147. Sincerely, ,tl.,. City Planner , J '\ .I J '\ / List of effected property owners PIN 36-32-24-22-0002 Douglas Steele 643 140th Lane NW Andover, MN 55304 PIN 36-32-24-22-0006 Kevin and Lucy Denekamp 665 140th Lane NW Andover, MN 55304 PIN 36-32-24-22-0003 Douglas Steele 643 140th Lane NW Andover, MN 55304 PIN 36-32-24-22-0007 David and Elizabeth Erickson 745 140th Lane NW Andover, MN 55304 PIN 36-32-24-22-0004 Craig and Ruth Kostelecky 732 140th Lane NW Andover, MN 55304 PIN 36-32-24-22-0008 David Szykulski 752 140th Lane NW Andover, MN 55304 PIN 36-32-24-22-0005 Paul and Dorraine Olson 14030 Prairie Road NW Andover, MN 55304 PIN 25-32-24-33-0005 Dina Kilfoyl & Mark Menth 14122 Prairie Road NW Andover, MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: July 15. 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ITEM NO. ~ . Approve Ordinance 109 AmendmenUSnowmobiling Todd J. Haas./ Engineering REQUEST: The City Council is requested to approve the Ordinance 109 amendment in regards to the use of metal traction devices. The Snowmobile Task Force did meet on June 24. 1997 to discuss any changes that need to be made to the existing ordinance and to discuss the 1996-97 snowmobile season. , The task force does understand the situation in regards to the use of studded tracks and large sums of money the City is spending to have the paved trails. The other problems that could arise is how to keep the snowmobiles off these trails. A couple ways to do this is to ban snowmobiles from the urban areas or fence these areas off by the snowmobile club or sheriffs department. , / Bonnie Dehn has also indicated to the task force the amount of damage that was done over past year to their farm fields by the snowmobiles. / , , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 109A AN ORDINANCE AMENDING ORDINANCE NO. 109, SECTION 4, OPERATION ON PUBLIC PROPERTY. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 109, Section 4, operation on public property is hereby amended as follows: 15. A person may not use a snowmobile with metal traction devices on any paved city trail. Note: All other section of the zoning ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 15th day of July, 997. CITY OF ANDOVER . / ATTEST: \ j J. E. McKelvey, Mayor Victoria Volk, City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ ) DATE: July 15 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ITEM No.7. Discuss Supplemental Feasibility Report/97 -9/ Chesterton Commons/Hamilton Square Trunk Scott Erickson;/) l Engineering The City Council is requested to discuss the supplemental feasibility report for Chesterton Commons/Hamilton Square, Project 97-9, for trunk sanitary sewer and watermain. This item will be discussed at the City Council meeting. , / '. " , j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION RECEIVING THE SUPPLEMENTAL FEASIBILITY REPORT OF PROJECT NO. 97-9 FOR TRUNK SANITARY SEWER & WATERMAIN IN THE FOllOWING AREA CHESTERTON COMMONS/HAMilTON SQUARE WHEREAS, a Feasibility Report was prepared by TKDA and accepted by the City Council on the -.1m day of April, 19 97 , Resolution No. 078-97 and the public hearing was waived; and WHEREAS, a Supplemental Feasibility Report has been prepared by TKDA for the improvements; and WHEREAS, such supplemental feasibility report was received by the City Council for an estimated cost of $ 237.300. WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 237 300 . / NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Supplemental Feasibility Report for Project 97 -9 . for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 237.300 MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of July ,19-9L, with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER voting ATTEST: . " J.E. McKelvey - Mayor . / Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , \. / DATE: July 15 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson~( Engineering ITEM NO.<6'. Discuss Supplemental Feasibility Report/97-8/ Chesterton Commons The City Council is requested to discuss and approve the supplemental feasibility report for Chesterton Commons, Project 97-8. This feasibility report was developed based on the revised grading plan. The utility part of the report is dependent upon the final location of utility extensions. As a result of the modified feasibility costs, the developer's escrows for the preparation of '\ plans and specifications is adjusted to $122,363 for phase I. I , ) ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION RECEIVING THE SUPPLEMENTAL FEASIBILITY REPORT OF PROJECT NO. 97-8 FOR SANITARY SEWER WATERMAIN. STREET AND STORM SEWER IN THE FOllOWING AREA CHESTERTON COMMONS WHEREAS, a Feasibility Report was prepared by McCombs Frank Roos Associates. Inc. and accepted by the City Council on the 24th day of June , 19 97 , Resolution No. 154-97 and the public hearing was waived; and WHEREAS, a Supplemental Feasibility Report has been prepared by McCombs Frank Roos Associates Inc. for the improvements; and WHEREAS, such supplemental feasibility report was received by the City Council for an estimated cost of $ 2.521.350 (3 phases) with an estimated first phase cost of $815,750. .' WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 2521.350 (3 phases) with an estimated first phase cost of $815,750. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Supplemental Feasibility Report for Project 97-8 . for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 2.521 350 (3 phases) with an estimated first phase cost of $815,750. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of July , 19~, with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER voting , / ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ; DATE: July 15. 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Todd Haas, #" Engineering ITEM No.9. Forfeit Properties/Smith's Green Acres REQUEST: The City Council is requested to consider acquiring the parcels as potential public property such as future ponding or wetland mitigation. The City had requested the State to remove the parcels from public auction a few years ago. At that time, the City thought maybe the parcels could be used for wetland mitigation since the wetland rules were very restricted. The wetland rules have somewhat loosened since then and it is a little easier to fill in certain types of wetlands. \ If the City Council is not interested in the parcels the State will put these up for public auction. , These parcels may have the potential of developing. The parcels as they sit are mostly unbuildable due to the poor soils. '-- /" t'/ltl'.! ~~/,,?55" \i /#,-,>1' ~ ("l ~" ACRES .. ,~~ 15" -.;,1,.1 " "",..ji, " -110' _ ,.,,' \ 330' - 110' (II) (1) (6.) 770' - 110 110 110 110 (;z) (/0) M fB) o o N ; 110 110 110 110 110 110 110 , ,I L~NE 'N : cl'_.""7 110 110 .35 (;9) (101) (/5) (t~) (11) vo) .35 110' 110' 1I0 110 110 (JJ) (Jz) (;I) (Jo) (29) (20) .35 110 110 I ~ ~W",..r 110 '" '" '" '" <;..,< 110 110 1!-5 110 (50) (39) (N)' rJ?) (5bJ (p) ~ IV) ~ 4$ r", ..../NF.5~.... ""'/ /'I!'SJ.He. 6S~ ~ //4 //4 //d N.W. . ~ ;'/",1'..1 p'~-'J AD :~,) ~ ~ I::'" , ~ . @' t -( 'f;.. '1.:' 110 (,z,) 110 .,0 (4d), "" 990' - 110 .~.iP.t1j.~:'~\ dO f!J) NW 110 (;) (+) I. o o N I 110 110 110 l1.. I . ~.." .. :Vr.-/....;....s:\ "" "', "' "' 110 110 :< 33 i . 0 . 0 ...' ... ~ ~ .. " .. , ..i " : -' -' (,tl) (22) I (Z1J o o N . 110' 110' (2~) (t5) (,z-l) o o N I 110 110 '" ...=1 -"'-'en '" . '" I ~ I K ,\ 110 110 <( -' ...J ~ g <( .. '0 (#) (4.z ) i ~) .). o "! 110' 110 5JI'~.P . ttl~ ~ Ji~ l'P II ;.... r. o.l"~ "i.:,/4CORNER .-sEC. 28 -, : t :>-'I., ~'I , { :.. -..,~ '" ,. -.",' ;, .\ .:~ ~..;':: r....", \~ -,: .....--' "'." ~ . . ~ ....... .-..... .. .w I I fro .' ...,;." " :;... .,.- .~.;.:...:';;'".\....... . .,;.. ,~ ':~:'''~-;!/~;~' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ ) DATE: July 15 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson,~t Engineering . ITEM NO. /0. Schedule Special City Council Meeting/Evaluate & Approve Public Works Expansion Bids/96-15 The City Council is requested to schedule a special City Council meeting to evaluate and approve bids for Project 96-15, Public Works Expansion. Suggest meeting dates are Thursday, July 1ih or Monday, July 21st. J '\ ,) , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ ) AGENDA SECTION DATE: July 15. 1997 ORIGINATING DEPARTMENT Discussion Item Administration Richard Fursman ITEM NO. // Storm Update/97-32 StaffwiU give an update to the City Council on procedures relating to storm clean-up. , / . , ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION o DATE: July 10, 1997 AGENDA SECTION ORIGINATING DEPARTMENT STAFF, COMMITTEES,COMMISSIONS Dan Winkel, Fire C~ief .D. PJ . ITEM NO. ILLEGAL BURNING UPDATE As a result of the tree damage that occurred during the July 1 storm, the fire department is starting to experience a significant number of illegal fires and complaints regarding burning. Effective the date of the storm, a moratorium was placed on all burning permits. While the fire department is encouraging residents to haul trees and brush to the compost site, or stack them on the boulevards for future pick up, many are choosing to bum whenever they feel like it. ,- .'\ ,__J It is estimated that 100 phone calls have been received by the fire department requesting burning permits. Under normal circumstances only six permits are issued each week. I do not anticipate issuing burning permits for at least the next three to four weeks. Staff needs to evaluate the effectiveness of the City attempt to pick up the debris before burning is allowed to be used as a disposal method. The unregulated burning is causing many unnecessary and time consuming responses by our fire department. To date, residents are being informed to immediately put the fire out. Illegal burning citations have not been issued to residents burning brush since the storm. We are also starting to see repeat offenders that did not listen to the first warning. Staff would like Council input as to how aggressive we should enforce the illegal burning issue. It is my recommendation that a warning be issued to first time offenders, and that a citation be issued for all offenders who violate the warning, or to offenders who do not want to obey with the extinguishment order. Illegal burning citations will continue to be issued to those that any other type of illegal fire. .~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Julv 15. 1997 AGENDA SECTION ORIGINATING DEPARTMENT STAFF, COMMITTEES, COMMISSIONS DAN WINKEL, r". . . '). FIRE CHIEF J.) W ITEM NO. J;{. ACKNOWLEDGE SIGN AT FUTURE FIRE STATION BACKGROUND: Enclosed is a copy of the proposed sign that the Fire Department will have installed at the site for future new Fire Station Three. As part of the planning process for moving to the new Station Three site, it is important we start to gather interest and solicit new members from the area. We will concentrate on available daytime firefighters, and we could start training new recruits around the first of the year. The new Station Three site is located approximately one block south of Constance Boulevard, on the east-side of Crosstown Boulevard. The correct address for the property is 15975 Crosstown Boulevard. / The Public Works Sign Department will assist with making the sign(s). The Planning Department is investigating the size and type of sign allowed for this application. We would like to have two signs installed at an angle to each other to allow for better visibility from all directions. At the very least, we are planning to install one 4' x 8' sign on the site. Enclosure ) A \ .I , '\ \. / " ) FUTURE SITE City of Andover Fire Station # 3 Daytime Personnel Needed For Information Call 755-9825 / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION July 1 5. 1997 ORIGINATING DEPARTMENT ; I DATE: Staff, Committees, Commissions Administration Richard Fursman ITEM NO. /..3. Mission Statement & Workshop Scheduling Schedule staff/council workshop The City Council has indicated a desire (June 24 special meeting) to hold a workshop to discuss the mission statement established in 1996, and to have a dialogue with staff on goals and objectives. I have included with this cover an outline and listing of subjects and concerns which the council could work on with staff. This material first appeared March 18 at a city council meeting. Many ofthe development concerns identified appear to be on their way to being solved with the emergence ofthe consulting group and the special workshop held by the council. Also budgeting goals would be put on / tract with a 1998 budget workshop as requested in this packet on another item. The following is a re-cap of issues I raised at the March 18 Council Meeting; the issues in italic have been addressed or are in the process of being addressed: Development: -Staging -Economic Priorities/Strategies -Environment - Transportation -Safety -Public Spaces Staff/Council Relations: -Establishing Trust -Open Communication -Professional Integrity Council Meetings: -Setting Agenda -Streamlining Meetings -Staff/Council Roles -Making Decisions Budgeting Goals: -Establishing Priorities -Setting Limits -Understanding Mandates Council is requested to level of interest and possible meeting times/dates. I J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: March 18. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Reports of Staff, Committees, Commissions Dick Fursman, Administration ITEM NO. \~ :all Special Meetings Staff is requesting the council consider holding special meetings for discussion on policy, procedures, council - staff relations and goal setting. It is hoped that some time spent on the aforementioned items will reduce the pressure and length of council meetings, enable. staff to more accurately represent council directives to the public and enable staff to begin preparations on a 1998 budget which reflects council objectives. Special meetings/workshops requested are as follows: 1. Council/Park and Recreation Commission (see following sheet) 2. Home Occupation Ordinance: Time Requested :45 Min. - 1 Hour ) Staff is eager to assist all non-conforming businesses become properly recognized. The general consensus is, the item is nearly resolved, with a few rough edges left to smooth out. 3. Planning/Staff Relations Workshop: Time Requested 4-8 hours Objective: Establish clear vision, communication, goals, procedures and expectations for staff and council. Who: City Council and Department Heads Discussion Items: ", j b. Development: The handling of platting issues related to the following - Staging - Economic Priorities/Strategies - Environment - Transportation - Safety - Public Spaces - Etc. Staff/Council Relations: - Establishing Trust - Open Communication - Professional Integrity a. c. Council Meetings: - Setting Agenda - Streamlining Meetings - Staff/Council Ro/es - Making Decisions d. Budgeting/Goals 1998 - Setting Priorities - Establishing Limits - Understanding Mandates e. Wrap it all together Suggestion: Have a Saturday meeting in a comfortable, relaxed setting. , I AGENDA r-..G. SECTION Non-Discussion ITEM t\O. If. O~~n~l;n(J CITY OF ANDOVER REQUEST FOR COUNCIL ACfION w/Anoka Countv DATE July 15, 1997 ORIGINATING DEPARTMENT Recycling/Public Works Cindv DeRuvter(O~~ APPROVED FOR AGENDA ag- The City Council is asked to review and sign the Agreement for Residential Recycling program. This agreement is between Anoka County and Andover. The Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling program in the Municipality_ There lS no change in this agreement since last year when it was adopted by you. , ) MOTION BY: , / TO: Anoka County Contract #900172-7 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM ) TIllS AGREEMENT made and entered into on the 27rd day of May, 1997, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF ANDOVER, hereinafter referred to as the "MUNlCIP ALITY". WITNESSETH: WHEREAS, Anoka County has received $770,048 in funding from the State of Minnesota pursuant to Minn. Stat. ~ 115A.557 (hereinafter "SCORE funds"); and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. , 2. TERM. The term of this Agreement is from January 1, 1997 through December 31, 1997, unless earlier tenninated as provided herein. . / 3. PROGRAM. The Municipality shall develop and implement a reSidential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 1,793 tons as established by the County "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, and vehicle batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. "Problem material" shall have the meaning set forth in Minn. Stat. ~ 115A.03, subdivision 24a. "Yard waste" shall have the meaning set forth in Minn. Stat. ~ 115A.931. 4. REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20, 1997 and January 20, 1998: A. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons , I 1 , of yard waste collected for composting or landspreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. ) B. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. C. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to fumish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. S. BILLING AND PAYMENT PROCEDURE. The Municipality shaIl submit itemized invoices semiannuaIly to the County for abatement activities no later than July 20, 1997 and January 20, 1998. Costs not billed by January 20, 1998 will not be eligible for funding. The invoices shaIl be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 6. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shaIl not exceed $48,255.49. The project maximum for eligible expenses shaIl be computed as follows; A. A base amount of $10,000.00 for recycling activities only; and I B. $5.94 per household for recycling activities only. C. A supplemental grant of $833.49 (hereinafter referred to as a "Supplemental Grant") for problem material management, solid waste recycling and yard waste abatement programs to be disbursed to the Municipality within thirty days of execution of this Agreement. Notwithstanding anything in this Agreement to the contrary, the Municipality shaIl be entitled to use said Supplemental Grant monies only for eligible expenses paid by the Municipality during the period January I, 1997, through June 30, 1997, for problem material management, solid waste recycling and yard waste abatement programs. On or before July 20, 1997, the Municipality shall submit a report itemizing the expenditures of the Supplemental Grant monies on a report form provided by the County, together with receipts verifying said expenditures. Any Supplemental Grant monies not expended by the Municipality on or before June 30,1997, shall be returned to the County. 7. RECORDS. The Municipality shaIl maintain financial and other records and accounts in accordance with requirements of the county and the State of Minnesota. The Municipality shaIl maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shaIl maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. ~ 11 5A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shaIl also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than three years from the last receipt of payment from the County pursuant to this Agreement. / 2 8. AUDIT. Pursuant to Minn. Stat. ~ 16B.06, Subd. 4, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s}, if any, at reasonable hours. ) 9. GENERAL PROVISIONS A. In perfonning the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. B. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following; employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. c. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. / D. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. E. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. F. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. G. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. H. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. I. Nothing in this Agreement shall be construed as creating the relationship of co-partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. / 3 '\ / , / '\ , / 10. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). 11. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 12. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. \ 4 " IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: j COUNTY OF ANOKA By: Dan Erhart, Chairman Anoka County Board of Commissioners Date: ATTEST: John "Jay" McLinden County Administrator / Date: Approved as to form and legality: Assistant County Attorney CITY OF ANDOVER By: Name; Title: Date; Municipality's Clerk Date;___________ Approved as to form and legality; 5 , ) \ / , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION Non-Discussion Item ITEM NO. IS. Lot Split 97-04, Variance 14352 Crosstown Boulevard NW Shane Zerk Request DATE: July 15. 1997 ORIGINATING DEPARTMENT Planning John Hinzman, ~wW City Planner The City Council is asked to approve the lot split and variance request of Shane Zerk to split the northwestern 17 feet of a parcel and convey it to the adjoining lot owned by Stan Toikka at 14349 Quinn Drive NW. Variances are requested for minimum lot size, width and depth for the split parcel. A covenant would be recorded to legally bind the split parcel to the property owned by Mr. Toikka, so that it could not be sold separately. Planning and Zoning Commission Action The Planning and Zoning Commission recommended approval of the proposed lot split and variance at the June 24, 1997 meeting. Please consult the attached resolution, minutes, and staff report for more information. , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -97 A RESOLUTION GRANTING THE LOT SPLIT\V ARlANCE REQUEST OF SHANE ZERK PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM DISTRICT REQUIREMENTS ON PROPERTY LOCATED AT 14352 CROSSTOWN BOULEVARD NW (PIN 27-32-24-31-0004). WHEREAS, Shane Zerk, has requested to split the northwestern 17 feet of property pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 6.02, Minimum District requirements for an R-4, Single Family Urban District at 14352 Crosstown Boulevard NW legally described as follows; , That part of the Northeast Quarter of the Southwest Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at the Northeast corner of said quarter quarter; thence West along North line of said quarter quarter to intersection with centerline of County State Aid Highway No. 18; thence South 32 degrees 55 minutes West along said centerline 550.17 feet; thence South 44 degrees 11 minutes West along said centerline 482.15 feet to point of beginning; thence continue South 44 degrees 11 minutes West along said centerline 187 feet; thence South 44 degrees 57 minutes West along said centerline 77 feet; thence Northwesterly 165 feet; thence Northeasterly 264 feet; thence Southeasterly to point of beginning; except that part described as follows; beginning at most Southerly corner of Lot 1, Block 1, Woodridge Acres, thence Northwesterly along Southwesterly line of said lot 112.5 feet; thence Southwesterly parallel with Northwesterly right of way line of County State Aid Highway No. 18, 85 feet; thence Southeasterly parallel with Southwesterly line of said lot to said Northwesterly right of way line; thence Northeasterly along said Northwesterly right of way line to intersection with Southeasterly extension of Southwesterly line of said lot; thence Northwesterly along said Southeasterly extension to point of beginning, except road, subject to easement of record. / WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and '\ Page Two ) LS\V AR 97-04 14352 Crosstown Boulevard NW July 15, 1997 WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split\variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions: 1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). " / 2. That a covenant be recorded that legally binds the split parcel to Lot 8, Block 1, Woodridge Acres so they cannot be sold separately. 3. That a survey ofthe lot split be recorded with the City of Andover. Adopted by the City Council of the City of Andover on this 15th day of W, 1997. CITY OF ANDOVER ATTEST; J.E. McKelvey, Mayor Victoria Volk, City Clerk , '. ) CITY of ANDOVER anning and Zoning Commission Meeting - June 24, 1997 - Minutes " The regular meeting of the Andover Planning and Zoning Commission was called to order by Chainnan Randy Peek at 7:03 PM, Tuesday, June 24, 1997 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN. Commissioners Present: Wells, Luedtke, Peek, Gamache Commissioners Absent: Apel, Barry, Squires Also Present: Jeff Johnson, City Zoning Administrator John Hinzman, City Planner David Almgren, City Building Official Others Approval of Minutes - Tune 10, 1997 MOTION by Luedtke, seconded' by Wells to approve the minutes of June 10, 1997 as presented. Motion carried on a 3 yes, 1 present (peek) vote. '\ .,t.. Public Hearing, Variance, 14352 Crosstown Boulevard NW / Mr. Hinzman reviewed the request noting that the property owner is asking to split a 17 foot parcel from his property which is .70 acres. The property is zoned R-4, single family urban. The applicable ordinances are Ordinance 40, which regulates the division of lots. Ordinance 8, section 5.04 establishes the variance procedure and process. . Ordinance 8, Section 6.02 establishes the provisions for minimum lot width, lot depth and lot area. The distances required are as . follows: Lot width at front setback - 80 feet; lot depth - 130 feet; lot area per dwelling - 11,400 square feet. Mr. Hinzman noted that a variance is required to the minimum lot width, depth and area of the remnant parcel. Staff will require that a covenant be recorded that legally binds the split parcel with the neighboring parcel so they cannot be sold separately. Mr. Hinzman explained that staff has determined that strict enforcement of the provisions of Ordinance 8, Section 6.02 would preclude the applicant reasonable use of the property, creating an unnecessary hardship not created by the property owner, which would be a reason for granting the variance. J Commissioner Wells asked when the homes were built. It was noted that they were built in 1968 and 1957. Ms. Wells then asked what the reason is for the lot split and what the hardship is. Mr. Hinzman noted that the lot split is to give Mr. Toikka a larger side yard area and the hardship is more of a precedent. This has been done in the past; it's more of a movement of lot lines. ) Planning and Zoning Commission Meeting June 24, 1997 - Minutes Page 2 " Commissioner Wells asked if any structures would be built on the 17 foot parcel. Mr. Hinzman stated there would be none; however, Mr. Toikka may put his garden on that parcel. MOTION by Luedtke, seconded by Wells to open the public hearing. Motion carried. There was no public testimony. MOTION by Gamache, seconded by Wells to close the public hearing. Motion carried. Commissioner Wells questioned the hardship because both homes were constructed prior to Andover becoming a city. She expressed concern that a structure could be built on the 17 foot parcel and is against the request. '\ / Chairman Peek explained that no structures would be built on the parcel because it is unbuildable. He noted that this is a simple land transaction between neighbors. MOTION by Luedtke, seconded by Gamache granting the lot split/variance request of Shane Zerk as presented. Motion carried on a 3 yes, 1 no (Wells) vote. This will go to the City Council on July 15, 1997. Public HearingILot Split/Variance/16030 Makah Street NW Mr. H' an reviewed the request of Tarri and Kevin Stanton to split the northern 2.5 es of a 5.02 acre parcel at 16030 Makah Street NW and for a variance from lot width at the front setback line. The property is zoned R-1, single family 1. The applicable ordinance are Ordinance 40 which regulates the division of lots; . ance 8, Section 5.04 which establishes the variance procedure and process; Or ce 8, Section 6.02 which establishes the provisions for minimum lot width, lot dep d lot area; and Ordinance 10, Section 9.07.10 which establishes the minimum ar f land dedicated to park and open space. Mr. Hinzman noted that the property 1 ~ 02 acres so that both parcels would satisfy the requirements for lot area. The varian being requested is for the minimum width at the front setback line. Parcel A would r ire a 31 foot variance as it would be 269 feet and Parcel B would require a 30 foot , " ) '\ ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION June 24, 1997 DATE AGENDA ITEM 3. Public Hearing: LS 97-04 Variance 14352 Crosstown Boulevard NW Shane Zerk ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA John Hinzman BY: City Planner BY: Request The Planning and Zoning Commission is asked to review the lot split\variance request of Shane Zerk to split the northwestern 17 feet (+/- 0.07 acres) from a .70 acre parcel located at 14352 Crosstown Boulevard NW (PIN 27-32-24-31-0004), legally described on the attached resolution. The property is zoned R-4, Single Family Urban. Applicable Ordinances , " I Ordinance No. 40, regulates the division oflots. A lot split is defined as any division of a lot, parcel or tract ofland into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for a platted lot in the applicable zoning district. Section IV also gives the City Council the power to vary or modify the application of this ordinance provided such variance or modification is consistent with the letter and intent of the Comprehensive Plan. Ordinance 8, Section 5.04, establishes the variance procedure and process. Ordinance No.8, Section 6.02, establishes the provisions for minimum lot width, lot depth and lot area in a R-4, Single Family Urban zoned district. The minimum requirements in a R-4 district are as follows: Lot Width at Front Setback Lot Depth Lot Area Per Dwelling - 80 feet - 130 feet - 11,400 square feet (0.26 acres) Background , I The applicant is requesting a lot split and variance to sell the northwestern 17 feet to the owner of the neighboring parcel at 14349 Quinn Drive NW, Stan Toikka. Mr. Toikka currently has a garage that encroaches upon the proposed area, and would purchase the property upon approval. Page Two , j LS\V AR 97-04, Zerk 14352 Crosstown Boulevard NW June 24, 1997 A variance is needed to the minimum lot width, depth and area of the remnant parcel. Staff will require that a covenant be recorded that legally binds the split parcel with the neighboring parcel so they cannot be sold separately. Determination Staff has determined that strict enforcement of the provisions of 6.02 would preclude the applicant reasonable use ofthe property, creating an unnecessary hardship, not created by the property owner, and reason for granting a variance, as stipulated in Ordinance 8, Section 5.04. Commission Options , / 1. The Planning and Zoning Commission may recommend to the City Council approval of the lot split\variance requested by Shane Zerk on property located at 14352 Crosstown Boulevard NW, legally described on the attached resolution. The Commission finds the request meets the requirements of Ordinances No.8 and 40 2. The Planning and Zoning Commission may recommend to the City Council denial of the lot split\variance requested by Shane Zerk on property located at 14352 Crosstown Boulevard NW, legally described on the attached resolution. The Commission finds the request does not meet the requirements of Ordinances No.8 and 40. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. Staff Recommendation Staff recommends approval of the lot split\variance as requested with the following conditions: 1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). ) 2. That a covenant be recorded that legally binds that part of 14352 Crosstown Boulevard NW, legally described on the attached resolution, to 14349 Quinn Drive NW, legally described as Lot 8, Block 1, Woodland Acres Addition so they cannot be sold separately. " J '. / , i Page Three LS\ V AR 97-04, Zerk 14352 Crosstown Boulevard NW June 24, 1997 3. That a survey of the proposed changes be filed with the City of Andover. Attachments A-I Resolution A-2 Area Location Map A-3 Site Location Map A-4 Lot Split and Variance Applications A-5 Notice of Public Hearing (7;/ " l. '. f' !~ .:",..+e Di",,..,-.I en9fcuze-rrTl9.'L?c (n) aL. A ~ roN OL.8,NG ,cfNS -~ ~ .. ..' ~~ 'i ... ) -L.,' lJ r- '-.. ;:;:. \) :J: ~ ):-, }I ~ ~ f"\ OJ ~ N m ~ r- , J () - ~~ w -t s::~ (fiG' 0 ~ ~ " lJ & ~ ~ .-\ ~ \ - R ~ ~ 01 ~ ?\ ~ --- l '. , ) ./ '\ , ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (612) 755-5100 LOT SPLIT REQUEST FORM Property Address i43~;) (l r('\~.:YrC'w'4'\ ~0~ Legal Description of property: (Fill in whichever is appropriate): Addition ..j Y?r? Q./-I-QchMel1ht. (If metes and bounds, attach the complete legal description). Is the property: Abstract ~ or Torrens ? (This information must be provideaiana can be obtained from the County) . Lot Block PIN "'.., ., ~ o::x 1- "):;>o'-~~ - <)!-CCCt.-l ----------------------------------------------------------------- Reason for Request d:. ?[l: c<' )::1,ez:r ~/GII~ N/S~.s: 10 ~V..eC#;4cSG' tf?~c-<T~ ,/0 /"u~~<;;;c HIS Y~.e..lJ I ;()t;"/bI-Ig/J~ - c.t7T 8 ,gucr:=. I " / Current Zoning 1\-1, 5/(:Cj/p k.t IYI /j., U I ho /1 . ~ ----------------------------------------------------------------- Name of Applicant S"('~.r..L Z ~ r't , Address ILl )~~ ~"d~~,\O~\/\ ~\v& Home Phone ~Business Phone Signatures.Q1hLA?_~71 Date . G,-:l-Cf7 ----------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Date ----------------------------------------------------------------- / , I / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . 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 24, 1997 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the lot split and variance request of Shane Zerk to split the northwestern 17 feet of a parcel and convey it to the neighboring parcel on property located at 14352 Crosstown Boulevard NW (PIN 27-32-24-31-0004) legally described as follows: '\ '. / That part of the Northeast Quarter of the Southwest Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at the Northeast corner of said quarter quarter; thence West along North line of said quarter quarter to intersection with centerline of County State Aid Highway No. 18; thence South 32 degrees 55 minutes West along said centerline 550.17 feet; thence South 44 degrees 11 minutes West along said centerline 482.15 feet to point of beginning; thence continue South 44 degrees 11 minutes West along said centerline 187 feet; thence South 44 degrees 57 minutes West along said centerline 77 feet; thence Northwesterly 165 feet; thence Northeasterly 264 feet; thence Southeasterly to point of beginning; except that part described as follows; beginning at most Southerly corner of Lot 1, Block 1, Woodridge Acres, thence Northwesterly along Southwesterly line of said lot 112.5 feet; thence Southwesterly parallel with Northwesterly right of way line of County State Aid Highway No. 18,85 feet; thence Southeasterly parallel with Southwesterly line of said lot to said Northwesterly right of way line; thence Northeasterly along said Northwesterly right of way line to intersection with Southeasterly extension of Southwesterly line of said lot; thence Northwesterly along said Southeasterly extension to point of beginning, except road, subject to easement of record. All written and verbal comments will be received at that time. A copy ofthe application will be available for review prior to the meeting at City Hall. ~ tf/b Victoria V olk, City Clerk i Publication dates: June 13, 1997 June 20, 1997 PIN: 273224310001 PASCHKE WALLACE L P RUTH C 14430 CROSSTOWN BLVD NW - ,OVER MN 55304 , , / PUN; 273224310003 CHAPMAN BRIAN L 14314 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN: 273224310004 ZERK SHANE H 14352 CROSSTOWN BLVD NW ANDOVER MN 55304 PUN; 273224310007 MN STATE OF UN mUST C/O ANOKA CO PROP REC & TAX2100 3RD AVE ANOKA MN 55303 PIN: 273224310008 ERICKSON VIOLET M 14351 CROSSTOWNBLVDNW ANDOVER MN 55304 PUN; 273224310009 HAYS DAVID E 14360 PARTRIDGE ST NW ANDOVER MN 55304 PIN: 273224310010 BLATIMAN JON K & DEBRA S 14320 PARTRIDGE STNW ANDOVER MN 55304 PUN; 273224310011 LARSON RODNEY J & TIIERESA A 14310 PARTRIDGE ST NW ANDOVER MN 55304 PIN: 273224310013 MUELLER LEROY B & AUDREY H 14335 PARTRIDGE STNW ANDOVER MN 55304 PUN; 273224310014 ANDERSON LARS A & Ell..EEN H 14357 PARTRIDGE ST NW ANDOVER MN 55304 .' '\ , / PIN: 273224310015 LIS JAMES H & JODY L 14375 PARTRIDGE ST NW ANDOVER NM 55304 PUN: 273224310016 MASTENBROOK JAMES T ill & D J 14395 PARTRIDGE ST NW ANDOVER MN 55304 PIN: 273224310017 ANDOVER CITY OF 1685 CROSSTOWNBLVDNW ANDOVER MN 55304 PUN; 273224310019 BENNETI BRUCE A & NINA D 14354 OSAGE ST NW ANDOVER MN 55304 PIN; 273224310020 KATV ALA ROBERT D 14380 OSAGE ST NW ANDOVER MN 55304 PUN: 273224310021 HUFFMAN JESSE J & HAUGE SHARON 14404 OSAGE ST NW ANDOVER MN 55304 PIN; 273224310022 LINDQUIST TERRY R & L M 14431 QUINN DR NW ANDOVER MN 55304 PUN: 273224310023 GAUfSCm MICHAEL J & CAROLYN 14419 QUINN DR NW ANDOVER MN 55304 " )273224310024 EN rSMINGER MICHAEL S & B 14361 QUINN DR NW ANDOVER MN 55304 PUN; 273224310025 TOIKKA STANLEY & BEVERLY 14349 QUINN DR NW ANDOVER MN 55304 PIN; 273224310030 LOBB GEORGE K & CAROL A 14410 QUINN DR NW 1 'OVERMN 55304 . I PIN; 273224310031 MILES DAVID J & KRlSTIE L 14400 QUINN DR NW ANDOVER MN 55304 PIN; 273224310032 DECKER JAMES R & GOLDEN LAURA 14386 QUINN ST NW ANDOVER MN 55304 PIN; 273224310033 WIESNER CLARK J & SHARON L 14366 QUINN ST NW ANDOVER MN 55304 PIN; 273224310034 ZAHLER DUANE M & D L 14334 QUINN DR NW ANDOVER MN 55304 PIN; 273224310035 MASHUGA DALE A 14330 OSAGE ST NW ANDOVER MN 55304 PIN; 273224310036 GREEN TERRY LEE 14317 CROSSTOWNBLVDNW ANDOVER MN 55304 PIN; 273224310041 GENGLER PAUL D & NICOLA A 14440 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN; 273224320046 ARNOLD JOHN F & KAREN M 14385 RAVEN ST NW ANDOVER MN 55304 PIN; 273224320047 MCIVOR RICHARD E & LINDA E 14371 RAVEN ST NW ANDOVER MN 55304 r , , / PIN; 273224320048 SmOEBEL F C II & KAREN D 14357 RAVEN ST NW ANDOVER MN 55304 PIN: 273224320049 SHEPP ART JOHN & HUNCZAK SHERR! 14343 RAVEN ST NW ANDOVER MN 55304 PIN: 273224340007 MYRUM PATRICIA L 2129 142ND LN NW ANDOVER MN 55304 . J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ , DATE: July 15 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. /0 . Variance Construct Accessory Structure Closer to Front Lot Line than Principal Structure 3340 159th Avenue NW Ray and Kathy Schroeder The City Council is asked to review and approve the variance request of Ray and Kathy Schroeder (3340 159th Avenue NW) to construct an accessory structure closer to the front lot line than the principal , structure. , / The Planning and Zoning Commission met on June 24, 1997 (minutes attached) and recommends to the City Council approval of this variance request. . / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE VARIANCE REQUEST OF RAY AND KATHY SHROEDER TO ORDINANCE NO.8, SECTION 4.05 WHICH REQUIRES A SIXTY (60) FOOT FRONTY ARD SETBACK FOR A DETACHED GARGAGE AND TO ALLOW FOR THE PLACEMENT OF A DETACHED GARAGE TO ENCROACH TWENTY (20) FEET INTO THE FRONTY ARD SETBACK REQUIRED FOR A DETACHED GARAGE ON THE PROPERTY LOCATED AT 3340 I 59TH AVENUE NW, LEGALLY DESRlBED AS FOLLOWS: THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LYING WEST OF THE EAST 660 FEET L YIING EAST OF THE WEST 300 FEET THEREOF. WHEREAS, Ray and Kathy Schroeder requested a variance to Ordinance No.8, Section 4.05 which requires a sixty (60) foot frontyard setback for a detached garage and to allow the placement of a detached garage to encroach twenty (20) feet into the frontyard setback required for a detached garage on the property located at 3340 159th Avenue NW, legally described as above; " / WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request; 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 hereby approves the variance requested by Ray and Kathy Schroeder to Ordinance No.8, Section 4.05 which requires a sixty (60) foot front yard setback for a detached garage and to allow the placement of a detached garage to encroach twenty (20) feet into the frontyard setback required for a detached garage on the property located at 3340 159th Avenue NW, legally described as above. Adopted by the City Council of the City of Andover this _ day of ,1997. ATTEST: CITY OF ANDOVER / Victoria Volk, City Clerk J. E. McKelvey, Mayor Planning and Zoning Commission Meeting June 24, 1997 - Minutes Page 4 they should remain that way. He didn't think this property should be subdivided. Carl Spencer. 12180 Magnolia Street NW. Coon Rapids. owner of the adjoining parcel to the north - stated that when he purchased his property, he was told it was a 5 acres parcel but could be split into two 2.5 acre parcels. His parcel is one of the few that is undeveloped. He noted that he has a problem with the variance, stating that when the city set a minimum lot width at the front setback line, it was done for a reason. He is concerned with density and the value of the land. Dan Weigold. 4615 -16Oth Lane NW stated that they purchased a lot out here because there were 5 acre lots surrounding his one acre parcel. He concurred with the neighbors. MOTION by Wells, seconded by Luedtke to close the public hearing. Motion carried unanimously. , / Commissioner Wells felt that we are dividing Andover into too many chunks of land. Commissioner Luedtke stated that there are no more places in Andover where there are 5 acre lots and agreed with the property owners because this might cause property devaluation and there is no hardship. MOTION by Wells, seconded by Gamache to recommend to the City Council denial of the request due to landowner opposition, lack of a hardship and the fact that the home is already sold and the unique and probable devaluation of other homes in the area. Motion carried on a 3 yes, 1 no (Peek) vote. This will go to the City Council on July 15, 1997. 4"\ Variance/Construct Accessory Structure Closer to Front Lot Line than Principal ~ Structure/3340 -159th Avenue NW Mr. Johnson reviewed the request of Ray and Kathy Schroeder to allow for the construction and placement of an accessory structure closer to the front lot line than the principal structure. The property is 5.3 acres and is zoned R-l, single Planning and Zoning Commission Meeting \ June 24, 1997 - Minutes Page 5 family rural. The ordinances that apply to this request are Ordinance 8, Section 4.05 which establishes setback requirements, and Ordinance 8, Section 5.04 which establishes the variance process. The variance is to construct a detached garage which is approximately 1430 square feet that will encroach 20 feet into the 60 foot front yard setback. The proposed garage will be of similar design and exterior finish material so as to be compatible with the principal structure. The applicant cannot meet the 60 foot front yard setback requirement because there is a sloping grade near the front one-quarter of the lot and the remainder of the lot is heavily wooded. Commissioner Wells asked the purpose of the garage. Mr. Schroeder explained that it will be for storage of cars, a boat, snowmobiles and ATVs. Commissioner Luedtke asked if there was any way this could be built behind the house. Dave Almgren stated no because of the topography it's not possible. There is not direct view from any roads. . / Commissioner Wells asked if a smaller garage would fit. Mr. Almgren explained that according to the ordinance they can build any size garage they wish and this is the size they have chosen. Jeff Johnson presented a letter that was submitted by the neighbors stating that it was satisfactory to them. Chairman Peek noted that in the past when the Commission has looked at accessory buildings they have always tried to save trees. Because of the trees on this property it is a justifiable hardship. MOTION by Luedtke, seconded by Wells to forward to the City Council approval of a variance requested by Ray and Kathy Schroeder as presented by staff. Motion carried unanimously. This will go to the City Council on July 15, 1997. , ) CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSION ACTION DA TE June 24, 1997 AGENDA ITEM 5. Variance - Construct Accessory Structure Closer to Front Lot Line Than Principal Structure 3340 159th Avenue NW ~ . " . . -J _ ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning Jeff Johnson BY: BY: REOUEST The Planning and Zoning Commission is asked to review the variance request of Ray and Kathy Schroeder to allow for the construction and placement of an accessory structure closer to the front lot line than the principal structure on the property located at 3340 159th Avenue NW, legally described as follows: That part of the North Half of the Southeast Quarter of the Southeast Quarter of Section 17, Township 32, Range 24, Anoka County, Minnesota, lying West of the East 660 feet lying East of the West 300 feet thereof. The property is approximately 5.3 acres and is zoned R-l, Single Family Rural. APPLICABLE ORDINANCES Ordinance No.8. Section 4.0'5 - Accessory Buildings and Structures. Ordinance No.8, Section 4.05 establishes setback requirements for detached garages and states no detached garage shall be located nearer the front lot line than the principal structure except as herein provided: 1) On residential parcels with a lot area of one (1) acre or more, a detached garage 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 is sixty (60) feet. 2) All detached garages constructed closer to the front lot line than the principal structure shall be similar in design and exterior finish material so as to be compatible to the principal structure. \ , / Page Two Variance - Ray and Kathy Schroeder 3340 159th Avenue NW Ordinance No.8. Section 5.04 - Variances. Ordinance No.8, Section 5.04 establishes the variance process. Variances may be granted where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter ofthe provisions ofthe Zoning Ordinance. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. GENERALBACKGOUND The applicant is requesting a variance to construct a detached garage (26' x 55' = 1,430 square feet) that will encroach twenty (20) feet into the sixty (60) foot frontyard setback required for a detached garage. See attached survey for location of garage on property. It should be noted that the proposed garage would be similar design and exterior finish material so as to be compatible with the principal structure. It shall also be noted that the minimum front yard setback for a principal structure in an R-l, Single Family Rural zoned district is forty (40) feet. The proposed garage would be situated at this setback line. There are a number of trees (deciduous and evergreen) present that would screen the garage from the right-of-way (159th Avenue NW) and adjacent properties. Staff will present photographs at the meeting. The applicant cannot meet the sixty (60) foot front yard setback requirement for a detached garage due to the fact that there is a sloping grade that is present near the front 1/4 of the lot. The remaining 3/4 ofthe lot is heavily wooded (see attached air photo). Dave Almgren, Building Official will be present at the meeting to discuss the grade of the lot. Please find attached a copy of the topography map showing grade elevations on the lot. COMMISSION OPTIONS 1. Approval. The Planning and Zoning Commission may recommend approval to the City Council of said request finding that the request meets the conditions established in Ordinance No.8, Section 5.04. ) Page Three Variance - Ray and Kathy Schroeder 3340 159th Avenue NW 2. Denial. The Planning and Zoning Commission may recommend denial to the City Council of said request. The Commission finds that no hardship exists due to the unique shape or topography ofthe parcel and that the land owner would not be precluded reasonable use of the property. 3. Table. The Planning and Zoning Commission may table the itern pending further information from staff or the applicant. A resolution is attached for your review. / / '\ J "Q ~ucr.o"It. ]- I '\ / / / ~ If' J ~:,~," ~ I ;~/ :'::l,l b:$/!/JJ i ,,"'" 0\\ - u:::.: ~' \~G'- ~ 1~1!~1"ll'~ \,,~. ~ 1.1"!5 I ,.1"* '.,....II~.~ 1~\1O ::"Hq I !blW l.n<~ I !r,I'ZO - ........ ~ ~ ~T~ l\<$'r:ld. 1 iOC~ ~ 1~7S" [b:'A:'!. 1~~11 il,04O ~ ,oa: _'100'" lloCzsl,.oto> ~~ '.01+ I' ",-" ir..aIO \c.,ctJ [--wID :\<IC1 '--_ _ ""01..[ ,""" I'''''''' ~ ~:=. 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P.~~ ..- 21 .~ ~ZDI ~ ,~:~:_' I~/fl~' / ''''Z1>J \:~ -= ~ ~) l5"el 115110 ~ ~ ' [om.< ~ \ I {' 1 ':]1 bt :>1V; '('~ ~3""3 \ \ 15-1.U ,\ \'51';0 , _ 1 '=1 ~ ""I!: l.I.W. I 30'7 I ;t ;> '~ lOu. """ J"5e85 " - I ~ ~ 1$'1 if A ',- .." {Sa:.::> IS;:01 .. .. - .r:;1 =, I I "'''1(. ...,W. I-,~J :' .,-=/ ~ " n ... ,~\I - 34401 ~ . -; ~ 1&1.2!; ;;':"'111 b:.jo !S~ I~~r.z, I \~51 ~ \ ,,,~ I 16>'0\ :'3-\0 ~i_~ . \ 1"=1 \~ 15'<<10 1500\ 155W1-- ,~d, 'i~ _~7.tI1 3"",, T '1 / Established In 1962 LOT SURVEYS ,COMPA"Y. It4C. LAND SURVEYORS REGISTERED UNDER THE LAWS or STATE or WINNESOTA 780173rd. A:".Due Norl.b 812-680-3013 r&:l: No. MQ-S022 MIIlD..poU" Mlllllouot. IIM211 thr\Jtyol"J Q:ttdifiralt PARENT FRAMING 1'5~TH AVE- N.W. II In.co EI)(.,,\~ O'F 5\T- ~ ~ ....--'JIo... " Legal Description: That part of the North Half of the Southeast Quarter of the Southeast Quarter of Section 17. Township 32. Range 24, Anata County. Minnesota. lying West of the East 660.00 feet lying East of the West 300.00 feet thereof. '''. 1'....'....1 --ft- "S"l . I ,~~ ."" -irS'" .) / I o If\ q; If\ .0 I I <>-- ,ft";s,o;$ I , DE-TAIL 1"-030' \ \ '\ -- ?53$~ -- I Proposed building ;nlormotion must b~ checked with approved building pion belora excavation and constructIon, The only eose,:"ents shown (Ire 'rom plots of record or Inlormation provided by chent. We hereby certify thot this is a true and correct representation of a survey of the boundaries of the above described krld and the location of all buildings and visible encroachments, ir ony, from ar 01'1 laid laod . ' Surveyed by us this~dOY al Septeaber 19.2!.. Slpd INVOICE NO. 44793 F.B.NO 742-35 SCALE: 1".. - 60b o Denot.. ton Morunent o Denol.. Wood IU> Sol 'or excavation only ItOOO.O o.not.. ElcI,t1,,, EJevotlon e Denot.. PropoMd Elevallon ____ ~t.. s."fac. DrainaQe ~Propo.od Top .1 Block ,!J1ty; Propolod Gar_ n.... ~Propo.od L....., r_ Typo .f ~ ~1 ~ ""u.') I ~ <l' l}\ -n .'. (J(4~a~ -tG4.fl",,- Chene r. __ 11m. IIeg. ....21753 / I I I I \ ....0&11""- -- '\ ) . <;fbB' y t &881 I F / ..J. " - I.' -I- ~ v C ...r;1. I -I- " . . a .!- ... r,h--' -j1 ~ ~ f. ~. C"'!':_- __ - ~.._~ If}\;:J;~J"'':''-':l':'1<';, ~~). 's: :'1 )1 \ ~~ ,~1 ,\ .L ,,, J \,.,,- C", ,J -,"'-. ,"..- CITY of ANDOVER "';~~2;~~~,~<~>' VARIANCE REQUEST FORM Property Address 33L}() lSo" 1:h Au~ t-JW 1 A",dC)Il'-VZ Legal Description of Property: (Fill in whichever is appropriate): Lot Block Addition Plat Parcel PIN (If metes and bounds, attach the complete legal) --------------------------------------------------------------------- Description of Request (',{')V\~-\-(u..C'{',c"1A C">~ ()., he, 'Zi> )(~5 a-td bAteA 'l\o-T- c.\o<..Q..... ~.,...,'^+- \'..,,<(~..-!,.'j \..~~. Afl-\l\cL.., A ~orc.<(, -b, ~o..", 40 ~-<'-'l+- ~ro",,- Specific Hardship S\l"l?""'t ~v~l" DC- r\f'nr-l"~~ 1 ?..-e~evll\'\-~IOV\ J- ; -I:V''l' ~s 1 Section of Ordinance Current Zoning --------------------------------------------------------------------- Name of Applicant ~a.d- c\- \(lA~~ <:::;~""1('D.e Ln-"> Address ~-'2...l\o \<::;,t;-\::b.": 0.u.Q \,.)v.J ') A.-..d,ou-e,yJ Horne Phone S',Io-~4-'KO Business Phone ,c:S: - 'Xln,f.o I 44<;:-(:,0\0 Signature ~ ~~ Date "'1~1a,7 --------------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Horne Phone Business Phone Signature Date '--------------------------------------------------------------------- ! VARIANCE PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. Application Fee: Single Family Other Requests ~t7/07 Date Paid c]o~.QV 2 .00 Receipt# {Y/230% Rev.l-07-92:d'A 5-23-94:bh 1-07-97:bh Res. 179-91 (11-05-91) 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 fmds 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 ofthe property exists under the terms of the Ordinance. \ .' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , , ) DATE: July 15. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. /1. Variance Construct Deck Encroaching into Rearyard Setback 1001 140th Lane NW Greg Stratula The City Council is asked to review and approve the variance request of Greg Stratula (1001 140th Lane NW) to construct a deck that will encroach six (6) feet into the required thirty (30) foot rearyard setback. '\ / The Planning and Zoning Commission met on June 24, 1997 (minutes attached) and recommends to the City Council approval ofthis variance request. , ) , ) @ , . / '\ ) Planning and Zoning Commission Meeting June 24, 1997 - Minutes Page 6 Variance/Construct Deck Encroaching into Rearyard Setback/lOOl-14Oth Lane Mr. Johnson reviewed the request of Greg Stratula to allow for the construction and placement of a deck encroaching six feet into the required 30 foot rearyard setback at 1001 - 140th Lane NW. The property is located on a cul-de-sac and is zoned R-4, single family urban. The applicable ordinances are Ordinance 8, Section 6.02 which establishes minimum lot requirements and Ordinance 8, Section 5.04 which establishes the variance process. The proposed deck would encroach 6 feet into the rearyard setback. Commissioner Wells asked if the home could have been built closer to 140th Lane so that a variance would not be required. Mr. Hinzman stated that the home is 35.5 feet back from the front setback line. Ms. Wells asked if the deck was shown on the original blueprints for the house. Dave Almgren stated that it was not. MOTION by Wells, seconded by Gamache to forward to the City Council approval of a variance requested by Greg Stratula based on the hardship of the location of the house and that there is no house located behind this property. Motion carried unanimously. This will go to the City Council on July 15, 1997. Ordinance Review - Ordinance #51 - Outdoor Parties Mr. Johnson noted that he will be working with the City Oerk on this and it will be brought back to the Commission. Ordinance Review - Ordinance #52 - Scenic River (Rum River) Mr. Johnson stated that staff is not proposing any changes as the current ordinance has worked well for the city. Ordinance #53 - Regulating Dogs Mr. Johnson stated that staff will be reviewing this ordinance and will be looking at regulating the number of cats allowed. , , ; CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING THE V ARlANCE REQUEST OF GREG STRATULA TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A THIRTY (30) FOOT REARY ARD SETBACK AND TO ALLOW FOR THE PLACEMENT OF A DECK ENCROACHING SIX (6) FEET INTO THE REQUIRED REARY ARD SETBACK ON THE PROPERTY LOCATED AT 1001 140TH LANE NW, LEGALLY DESRlBED AS LOT 17, BLOCK 7, HILLS OF BUNKER LAKE 5TH ADDITION. WHEREAS, Greg Stratula has requested a variance to Ordinance No.8, Section 6.02 which requires a thirty (30) foot rearyard setback and to allow the placement of a deck encroaching six (6) feet into the required rearyard setback on the property located at 1001 140th Lane NW, legally described as Lot 17, Block 7, Hills of Bunker Lake 5th Addition. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and , . / WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request. 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 hereby approves the variance requested by Greg Stratula to Ordinance No.8, Section 6.02 which requires a thirty (30) foot rearyard setback and to allow the placement of a deck encroaching six (6) feet into the required rearyard setback on the property located at 1001 140th Lane NW, legally described as Lot 17, Block 7, Hills of Bunker Lake 5th Addition. Adopted by the City Council of the City of Andover this _ day of ,1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor / \ ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION AGENDA ITEM 6. Variance - Construct Deck Encroaching into Rearyard Setback 1001 140th Lane NW nr"," h DATE ORIGINATING DEPARTMENT June 24, 1997 APPROVED FOR AGENDA Planning Jeff Johnson BY: BY: REOUEST The Planning and Zoning Commission is asked to review the variance request of Greg Stratula to allow for the construction and placement of a deck encroaching six (6) feet into the required thirty (30) foot rearyard setback on the property located at 1001 140th Lane NW, legally described as Lot 17, Block 7, Hills of Bunker Lake 5th Addition. The property is zoned R-4, Single Family Urban. APPLICABLE ORDINANCES '. Ordinance No.8. Section 6.02 - Minimum Lot Requirements. Ordinance No 8, Section 6.02 establishes the minimum lot requirements. This Section requires a thirty (30) foot rearyard setback. , Ordinance No.8. Section 5.04 - Variances. Ordinance No.8, Section 5.04 establishes the variance process. Variances may be granted where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of the Zoning Ordinance. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. GENERALBACKGOUND The applicant is requesting the variance to construct a deck encroaching six (6) feet into the required rearyard setback. The deck would be located twenty-four (24) feet from the rear property line (see attached copy of survey for proposed location of deck). ) Page Two Variance - Greg Stratula 1001 140th Lane NW History A variance was granted two houses away (996 140th Lane NW) on July 18, 1995 for a deck that encroached eight (8) feet into the required rearyard setback. Some ofthe comments for approving the variance from the Commissioners were as follows: 1. Very few property owners affected. 2. A large park was located behind the home. The minutes from the Planning and Zoning meeting in regards to this variance are attached. COMMISSION OPTIONS 1. Approval. The Planning and Zoning Commission may recommend approval to the City Council of said request finding that the request meets the conditions established in Ordinance No.8, Section 5.04. '. / 2. Denial. The Planning and Zoning Commission may recommend denial to the City Council of said request. The Commission finds that no hardship exists due to the unique shape or topography of the parcel and that the land owner would not be precluded reasonable use of the property. 3. Table. The Planning and Zoning Commission may table the item pending further information from staff or the applicant. A resolution is attached for your review. . / \ ; .' J ~ I ;.Q l"'~ ~:JT~ ,_ ~ ~ S. __ ll!II!!! !!!Il!''''' "'~1:iE IJ, 1 'I ~ L- ~, 1;, Ir{f' ~~. t7']J~~~~~.:I'\'C dr~ ~~~~ "4""~t\"\N ,', ~H~~lisl:r~i;'!~f'~'.I1:,.''''" ~ ~ ,- :~~i ~:.. 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Dc z o ..... ~ ..... o o ex: ~ Ln UJ ::.<: ex: -' a: UJ ::.<: z ;:l CD u. o en -' -' ..... :::I: . ..... ~ u o ~ CD . ..... .-1 ~ o ...J ..r ",,~";"",r_-.27 "'"<.), ,l;~" ;.,.' .",'~ i~f ~?\ \, :~"1 J ~,~\ ~ ,,~l lf~~, _, ',/ . -~~~~::c::~~'.:: 'c' ,,', CITY of ANDOVER Property Address ~oOI VARIANCE REQUEST FORK I~O +-1-. Ln) OJuJ 1 (.\1\)f)Ollf(( rYJrd 5530Y_ Legal Description of Property: (Fill in whichever is appropriate): Lot \ I Block '7 Addition 5 fh Ackl;+;ol) Plat Parcel PIN 3S->{/Z4 -/2 -0047 (If metes and bounds, attach the complete legal) --------------------------------------------------------------------- Description of Request _II\)~IAI l I ~' bi.j I d I .[)E-C K O/\} Tltr 8ACL -Of "n+ E I-\-()()St.. I Specific Hardship --=::QtE:. iH{)TH ():t: em- T/-If ()t:cl::' U) ILL" 9~(\)(1j<{)AC.1+ :-=cltr c:,r-rBA('~ Bl1 /0" Section of Ordinance 1]0 ~ 0.01-- Current Zoning ~-4 I --------------------------------------------------------------------- Name of Applicant G ('e~o ry S +rafJ...J C\ Address 100\ \L1nt-h I.Y\) (\)Ll) \ C-\l\){IOVfQ mn) SS?xJlf Home Phone (C)~ -llq 4 Business Phone res w -llq~ Signature ~r.5!4../-LLh~ Date 6/16,/77 --------------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Date --------------------------------------------------------------------- / . VARIANCE .. PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. Application Fee: Single Family Other Requests ~ $mJ(o Date Paid 0//?fo/7 Receipt # 042214 Rev.I-07-92:d'A 5-23-94:bh 1-07-97:bh Res. 179-91 (11-05-91) 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. Ifit 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 ofthe property exists under the terms of the Ordinance. / . ~ 0,,'.' __.'____.._ _. , , , , / \ cWiliD-Ca T-L~JloQ(, er(\ - be., ~l\-oLU'_~e~~~'tors r\e--'L-\-- _l-o_Gce{'A_~ ~_de.e-v-\ srrQ~u\~, ~0- -\- \ r-- ~ -~\, b\ . \ -) \ L - -UD _\Ll~<2...,_~_~_cQj -~--W-1kL\.-=Yl~efr \---- . \ \- \' I L \J.\ ~ ~ - -u_0..J_\.cL~~_~__u J.l\..{..._w C' ~-c..; . - -~CD-~_~-e...,_'aD.~'L_ok-_IDe~ r- 'r\Offi~~ ~-~f loog-l<fo.4~7J,1{!, 1--~~"'L ~~-?2_./_ :5 -s- %C!...~ ____ ~.~d4~~_~v- /C/t2'#Z~J_LLt:J.l _ I l i I I.. I I . \ , -' The Home Depot #2803, 3550 124TH AVE NW, COON RAPIDS, MN 55433, Sat Jun 14 08:35:55 1997 The materials in this deck will cost $1261.55 File saved as: c:\cqdesign\decks\7547794d.DEK , \ . View \ J {, "jJu'./!.IJi.&:../\ FOo'T.,., "1 /)1t1; 8" 12 " /)t-f:p _:"-,:~_.J_~.__' . . ."......~-.-~. _......_.~_.--..'- ^ -.-*" '. . .....- -.-----~_.-_. - CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: July 15. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson \ ITEM NO. /'if. Approve Nextel Communications Lease Agreement 1717 Crosstown Boulevard NW (Antennas - City Water Tower) Request The City Council is asked to review and approve the lease agreement with Nextel Communications. Nextel will lease 141 square feet that is located in the water tower at 1717 Crosstown Boulevard NW. The rent amount for the initial year is $12,600 and will be increased yearly as mentioned in the agreement. \ ) As you are aware, APT, Inc. is a current tenant in our water tower facility. APT entered into a lease agreement with the City on December 1,1996 to lease 142 square feet of space. Their rent was $12,000 the initial year. The City Attorney has reviewed this lease agreement. Please review and address staff if you have questions. \ ) TABLE OF CONTENTS .EMili \ 1. Leased Premises 3 ) 2. &n1 3 (a) Amount Adjustments 3 (b) Time of Payment Taxes 3 3. Governmental Approval Continl.':ency 3 (a) Tenant Application 3 (b) Interference Study 3 (c) N on-approva I 3-4 4. Term and Renewals 4 5. Tenant's Use 4 (a) User Priority 4 (b) PUI:poses 4 (c) Construction 4 (d) Operation 4 (e) Maintenance Improvement Expenses 4 (I) Replacements 5 (g) Drawin~s 5 (h) No Interference 5 (i) ~ 5 (j) Payment of Utilities 5 6. Emerl:ency Facilities 5 7. Additional Maintenance Expenses 5 8. Advances in Technolo\,'v 5 9. Additional Buildine:s 5 10. Defense and Indemnification 5 (a) General 5 '\ (b) Hazardous Materials 6 / (c) Tenant's Warranty 6 (d) Landlord's Warranty 6 11. Insurance 6 (a) Workers Compensation 6 (b) General Liability 6 (c) Automobile Liability 6 (d) Tenant Property Insurance 7 (e) Adiustment to Insurance Covera~e Limits 7 (I) Additional Insured - Certificate ofInsurance 7 12. Dama~e or Destruction 7 13, Lease Termination 7 (a) Events of Termination 7 (b) Notice of Termination 7 (c) Tenant's Liability for Early Termination 7 (d) Site Restoration 8 (e) Waiver of Landlord's Lien 8 (I) Abandonment 8 14. Limitation of Landlord's Liability 8 15. Temporary Interruptions of Service 8 16. Tenant Interference 8 (a) With Structure 8 (b) With Higher Priority Users 8 (c) Interference Study - New Occupants 8-9 (d) Interference - New Occupants 9 '\, 17. Assifnment 9 ) 18. Condemnation 9 19. Disputes 9 20. 21. 22. 'I 23. j 24. 25. 26. 27. 28. 29. \ J \ ) Enforcement and Attorneys' Fees N otkes Authority Bindinl: Effect Complete Lease: Amendments Governinl: Law Warranty of Title and Ouiet Enjoyment Limitation of Liability Severability Memorandum 9 9-10 10 10 10 10 10 10 10 10 2 SITE LEASE AGREEMENT ) THIS SITE LEASE AGREEMENT ("Lease"), made this day of _, 1997 between City of Andover. a Minnesota Municipal corporation, ("Landlord"), and Nextel West Corp., a Delaware Corporation, d,b.a. Nextel Conununications ("Tenant"). For good and valuable consideration, the parties agree as follows: 1. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landiord's property, consisting of approximately ill square feet, located at 1717 Crosstown Blvd, NW, Andover, MN 55304, County of Anoka, State of Minnesota, legally described in Exhibit A attached hereto (the "Property"), subject to any and all existing easements, and a portion of the Andover Water Tower ("Structure"), as more particularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord's Director of Public Works and Utilities, together with appurtenant easements and access right's ("Leased Premises"), 2. &n1. (a) Amount Adjustments As consideration for this Lease, Tenant shall pay Landlord annual rent in the amount of $12,600.00 for the initial year, which shall be increased each year on January 1, by the greater of: (a) four percent (4%) of the previous year's annualized rent, or (b) by an amount equal to the increase in the Consumer Price Index ("CPI"). The CPI shall mean the "Consumer Price Index - for All Urban Consumers, All Cities, All Items (1984 = 100") as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rent increase to be paid by Tenant under a CPI adjuster, the annualized rent for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage figure shall be multiplied by the previous year's rent (annualized for the " first year, see Paragraph 4 below). / (b) Time of Payment Taxes. Landlord shall conununicate all rent increases to the Tenant in writing by the preceding December 1 of each year. The annual rent shall be paid before January 1 of each year. For the first year, the rent shall be pro rated through December 31 and shall be paid to Landlord in full at the time the Lease is executed. If the Tenant does not meet the requirements referenced in Subparagraph 3(a) below by July 15, 1997, and Tenant has diligently pursued such requirements, Landlord shall refund the Tenant rent payment made at the time of Lease execution and this Lease shall terminate. In addition to the annual rent, Tenant agrees to timely pay its pro rata share of any taxes or payment in lieu of taxes required as a result of this Lease. 3. Governmental Approval Contingency. (a) Tenant Aplication. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority, This shall include the engineering study specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenants proposed use thereof (b) Interference Study. Before obtaining a building permit, Tenant must pay for the reasonable cost of (i) a radio frequency interference study carried out by an independent and qualified professional selected by the Landlord showing that Tenant's intended use will not interfere with any existing conununications facilities and (ii) an engineering study showing that the Structure is able to support the Tenant's Facilities, as defined in Subparagraph 5(b), without prejudice to the Landlord's use of the Structure. If the study fmds that there is a potential for interference that cannot be reasonably remedied or for prejudice to the Structure, Landlord may terminate this Lease immediately and refund the initial rent to Tenant. " ) (c) Non-approval. In the event that any application necessary under Subparagraph 3(a) above is fmally rejected or any certificate, permit, license, or approval issued to Tenant is cancelled, expires, lapses, or is otherwise withdrawn or terminated by govenunental authority so that Tenant, in its sole discretion, will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed for the rent payment if made 3 pursuant to Subparagraph 2(b) above, Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Except as required under Subparagraph l3(d) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other, , I ) 4. Term and Renewals. The ("Initial Term") of this Lease shall commence on the date in the first paragraph of this Lease ("Effective Date") and end on December 31 of the fifth calendar year of the Lease. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for three (3) additional five (5) year renewal periods ("Renewal Term") commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. This Lease shall be automatically renewed for each successive Renewal Term unless Tenant sends written notice of non- renewal to Landlord no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice to be provided in accordance with Paragraph 21 of this Lease. 5. Tenant's Use. (a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: 1. Landlord; 2, Public safety agencies, which are used by the Landlord for the general welfare of its residents, including but not limited to law enforcement, frre, and ambulance services, and public works; 3. Government-regulated entities and other govemmental agencies not related to public safety whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. Within this category the Tenant with the earlier effective date of a continuous Site Lease Agreement shall have priority. (b) PuqJOses. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a Landlord-approved communications antenna facility, equipment, cabinets and an accessory building, and uses incidental , thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the / public. This use shall be non-exclusive, and Landlord specifically reserves the right to allow the Leased Premises to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Leased Premises. Tenant's communications antenna facility shall consist of antennas at Landlord-approved location(s), along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ("Antenna Facilities"). Tenant shall comply with all applicable ordinances, statutes and regulations oflocal, state and federal government agencies. Tenant shall not sublease the Antenna Facilites without the prior approval of Landlord, (c) Construction, Tenant may erect and operate an antenna array in accordance with its construction drawings attached as Exhibit B. If Tenant seeks to increase the number of antennas, it must frrst pay for an evaluation carried out by a qualified professional, retained by Landlord demonstrating that (i) each additional antenna will not interfere with existing antennas or with proposed antennas with a higher priority and that (ii) the Structure can structurally support the additional antennas. The cost of each evaluation must be paid by the Tenant within 30 days after receiving written notice of the cost. Landlord must consent to installation of additional antennas, such consent will not be unreasonably withheld. If Landlord consents, the parties will negotiate the amount of additional rent for the antennas, based on the rent currently being paid for each existing antenna at similar capacity. (d) Operation, Tenant shall have the right, at its sole cost and expense, to operate and maintain the Antenna Facilities on the Leased Premises in accordance with good engineering practices, with all applicable FCC rules and regulations. Tenant's installation of all Antenna Facilities shall be done according to plans approved by Landlord, which approval shall not be unreasonably withheld. Any damage done to the Leased Premises or other Landlord property including the Structure during installation or during operations, shall be repaired at Tenant's expense within 30 days after notification of damage. The Antenna Facilities shall remain the exclusive property of the Tenant. " ) (e) Maintenance Improvement Expenses, All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and secured by Tenant. If Tenant's Antenna Facilities are mounted on the Structure they shall, at all times, be painted, at Tenant's expense, the same color as the Structure. 4 " ) (f) Replacements, Before the Tenant may update or replace the Antenna Facilities shown on Exhibit B, Tenant must notify and provide a detailed proposal to Landlord. Tenant shaIl submit to Landlord a detailed proposal for any such replacement facilities and any other information reasonably requested by Landlord of such requested update or replacement, including but not limited to a technical study, carried out at Tenant's expense. Landlord may not umeasonably withhold approval. (g) Drawin~s. Tenant shaIl provide Landlord with as-built drawings of the equipment and improvements instaIled on the Leased Premises, which show the actual location of all Antenna Facilities, Said drawings shaIl be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities actuaIly placed on the Leased Premises. (h) No Interference. Tenant shaIl, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shaIl not unreasonably interfere with the operations of any prior tenant using the Structure and shaIl not interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. (i) ~, Tenant, at all times during this Lease, shaIl have access to the Leased Premises in order to instaIl, operate, and maintain its Antenna Facilities. Tenant shaIl have access to the Structure only with the approval of Landlord. Tenant shaIl request access to the Structure twenty-four (24) hours in advance, except in an emergency, and Landlord's approval thereof shaIl not be unreasonably withheld or delayed, In the event it is necessary for Tenant to have access to the Structure at some time other than the normal working hours of Landlord, Landlord may charge Tenant for whatever expense, including employees' wages, that Landlord may incur in providing such access to Tenant. (j) UtilitieslMulti-Meter Pack. Tenant, at Landlord's request, shaIl instaIl a multi-meter pack upon the Leased Premises. The multi-meter pack will have the capacity to accommodate two additional users. Future or existing tenants may use the multi-meter pack with pennission of Landlord and Tenant and must pay a one time fee of Two thousand five hundred '0 doIlars ($2500,00) to Tenant for costs incurred by Tenant for the purchase and instaIlation of the meter pack. Said tenants J wiIl be responsible for all fees associated with the consumption of electricity associated with the meter pack. Costs incurred by Tenant's use of the multi-meter pack and other utilities associated with its use of the Leased Premises shaIl be promptly paid. 6. Emereency Facilities. In the event of a natural or man-made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and ins taIl additional equipment on a temporary basis on the Leased Premises to assure continuation of service, Such temporary operation shaIl not exceed 90 days unless Tenant obtains written approval from the Landlord. 7. Additional Maintenance ElI;penses. Upon notice from Landlord, Tenant shaIl promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure, that are caused by Tenant's occupancy of the Leased Premises. 8. Advances in Technology. As technology advances and improved antennas are developed which are routinely used in Tenant's business, Landlord may require, in its sole discretion, the replacement of existing antennas with the improved antennas if the new antennas are more aestheticaIly pleasing or otherwise foster a public purpose, as long as the instaIlation and use of the improved antennas are practical technically feasible, and give comparable performance at this location. 9. Additional Buildin~s. Tenant acknowledges that Landlord may pennit additional buildings to be constructed on the Property described in Exhibit A. At such time as this may occur, Tenant wiIl pennit said buildings to be placed immediately adjacent to Tenant's building and wiIl allow "attachments" to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant and will not compromise the structural integrity of Tenant's building. \ 10, Defense and Indemnification. , , (a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, including reasonable attorneys' fees and other 5 costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease, except those which arise solely from the negligence, willful misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant's Antenna Facilities, equipment and related facilities on the Leased Premises. '1 / (b) Hazardous Materials. Without limiting the scope of Subparagraph 10(a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attomey's fees and costs, arising out of or in connection with the clean up or restoration of the Leased Premises associated with the Tenant's use of Hazardous Materials, For purposes of this Lease, "Hazardous Materials" shaIl be interpreted broadly, and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defmed in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. (c) Tenant's Warranty. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials, unless Tenant specificaIly informs Landlord thereof in writing twenty-four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Leased Premises. The obligations of this Paragraph 10 shaIl survive the expiration or other termination of this Lease. (d) Landlord's Warranty, Landlord represents, warrants and agrees (1) that neither Landlord nor, to Landlord's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Materials on, under, about or within the Land in violation of any law or regulation, and (2) that Landlord will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation, Landlord agrees to defend, indemnify and hold harmless Tenant and its partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorney's fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. This paragraph shall survive the termination of this Agreement. 11. Insurance. J (a) Workers' Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b) General Liability. The Tenant must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual, independent contractors, and products/completed operations. The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $ 1,000,000 each occurrence; $ 1,000,000 personal injury aggregate; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. (c) Automobile Liability The Tenant must carry Commercial Automobile Liability coverage, Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverages afforded by the Umbrella or Excess Policy are no less than the underlying Commercial Automobile Liability coverage. Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non-owned and hired automobiles. \ ) The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorists coverages, 6 (d) Tenant PrQperty Insurance, The Tenant must keep in force during the duration of the Lease a policy covering damages to its property at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use, and comply with any ordinance or law requirements. \ / (e) Adiustment to Insurance Coveral1e Limits, The coverage limits set forth herein shall be increased at the time of any Renewal Term by 25%. (f) Additional Insured - Certificate ofInsurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate ofInsurance issued by a company (rated A + or better), licensed to do business in the state of Minnesota, which includes all coverages required in this Paragraph II. Tenant will name Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be canceled, non-renewed, or materially changed without thirty (30) days prior written notice to Landlord, 12, Damal.'e or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30 days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises, 13. Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated upon sixty (60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days ofreceipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); , . (ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; J (iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons, including without limitation shadowing or interference under Tenant's Antenna Facilities design or engineering specifications or the communications systems to which the Antenna Facilities belong; (iv) by Landlord, upon twelve months prior written notice to Tenant, if its Council decides, for any reason, to discontinue use of the Structure for all purposes; (v) by Landlord if it determines, based on a report by an independent, professional structural engineer, that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to the condition of the Leased Premises; (vi) by Landlord ifit detemiines that a potential user with a higher priority under Subparagraph 4(a) above cannot frod another adequate location, or the Antenna Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such interference was predicted in the initial interference study that was part of the application process; or (vii) by Landlord if it reasonalby determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing before the Landlord's Council. \ I ,J (b) Notice of Termination. The parties shall give Notice of Termination in writing by certified mail, return receipt requested, Such Notice shall be effective upon receipt as evidenced by the return receipt. All rent paid for the Lease prior to said termination date shall be retained by Landlord. 7 (c) Tenant's Liability for Early Termination, If Tenant terminates this Lease other than of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 100% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rent for that year. , ) (d) Site Restoration, In the event that this Lease is terminated or not renewed, Tenant shall have 60 days from the termination or expiration date to remove its Antenna Facilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Structure. (e) Waiver of Landlord's Lien Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and fmancial and security agreements for the fmancing of the Tenant Facilities (the "Collateral") with a third party fmancing entity (and may in the future enter into additional fmancing arrangements with other fmancing entities), In connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings." (f) Abandonment In the event that Tenant's Antenna Facilities, and related equipment are not removed to the reasonable satisfaction of the Landlord, they shall be deemed abandoned and become property of the Landlord and Tenant shall have no further rights thereto, If Landlord removes the Antenna Facilities or related equipment, Landlord must give written notice to Tenant informing Tenant that the Antenna Facilities or related property have been removed and will be deemed abandoned ifnot claimed, and the storage fees and other reasonable costs are not paid within sixty (60) days. 14. Limitation of Landlord's Liability. If Landlord terminates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. " J 15, Temporary Interruptions of Service. If Landlord determines that continued operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists, If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities, except as may be caused by the willful misconduct of the Landlord, its employees or agents. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion. 16. Tenant Interference (a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease. (b) With Hil1her Priority Users. If Tenant's Antenna Facilities cause impermissible interference with higher priority users as set forth in under Subparagraph 5(a) above or with pre-existing tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate ) operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord may at its option terminate this Lease immediately. 8 ) (c) Interference Studv - New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises ("Leased Premises Area"), Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational by Tenant on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies, unless the Landlord or other higher priority user requests the use. In that event, the Tenant and all other tenants occupying the Leased Premises Area shall pay for the necessary interference studies, pro rata. (d) Interference - New Occ1.\pants. Landlord agrees that it will not grant a future lease in the Leased Premises Area to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's operation of its Antenna Facilities. Landlord agrees further that any future lease of the Leased Premises Area will prohibit a user of equal or lower priority from interfering with Tenant's Antenna Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense, 17. Assil;:nment, Tenant may not assign, or othetwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Landlord; provided, however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate or to any successor-in-interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any financing entity's interest, ifany, in this Agreement as set forth in Paragraph 13(e) above. Landlord may assign this Agreement upon written notice to Tenant, subject to the assignee assuming all of Landlord's obligations herein, including but not limited to, those set forth in Paragraph 13(e) above, Notwithstanding anything to the contrary contained in this Agreement, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any fmancing entity, or agent on behalf of any fmancing entity to whom Tenant (i) , has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, / notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof." 18. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In the event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in movinglremoving its equipment, personal property, Antenna Facilities, and leasehold improvements. 19. Disputes. Any claim, controversy or dispute arising out of this Lease not resolved within ten (10) days following notice of the dispute, shall be submitted fITst and promptly to mediation. Each party shall bear its own costs of mediation, If mediation does not result in settlement within forty-five (45) days after the matter was submitted to mediation, either party may file a claim in arbitration in accordance with the applicable rules of the American Arbitration Association. The award rendered by the arbitrator may be entered as a judgment in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the Leased Premises is located. Arbitration shall be the exclusive remedy of the parties, 20, Enforcement and Attorneys' Fees, In the event that either party to this Lease shall bring a claim in arbitration to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. / 9 21. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): \ J If to Lessee: Nextel Communications 9401 James Avenue South, Suite 180 Bloomington, MN 55431 Property Manager If to Lessor: City of Andover 1685 Crosstown Blvd, NW Andover, MN 55304 City Administrator Attn: Attn: With a copy to: Nextel Communications With a copy to: Attn: 1505 Farm Credit Drive McLean, 'VA 22102 Legal Dept., Contracts Manager 22. Authority, Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 23. Binding Effect. This Lease shall run with the Leased Premises. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 24. Complete Lease: Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind, There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 25. Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 26. Warranty of Title and Ouiet Enjoyment. Landlord warrants that: (i) Landlord owns the Property in fee simple \ and has rights of access thereto and the Property is free and clear of all liens, encumbrances and restrictions; (ii) Landlord has J full right to make and perform this Agreement; and (iii) Landlord covenants and agrees with Tenant that upon Tenant's paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Leased Premises, 27. Limitation of Liability. Nothing in the Lease shall be deemed a waiver of any limitation of liability or defenses under Minnesota Statutes Chapter 466 or any other provision of law. 28, Severabilitv. If any term of this Lease is found be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 29. Memorandum. Landlord agrees to execute a Memorandum of Agreement contemporaneously with the execution of this Agreement, in a form recordable in the official records of the county where the Property is located, In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees to furnish to Tenant a non-disturbance and attomment instrument for each such mortgage or deed of trust. 10 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year fIrst above written. \ LANDLORD: By: Date: Title: Tax ill #: By: Date: City of Andover, a Minnesota Municipal corporation Its Mayor Title: Its City Manager Tax ill #: / \ / TENANT: By: Date: Title: Tax ill #: 11 Nextel West Corporation, Communications Corp., d.b,a. Delaware Nextel a 52-1648414 EXHIBIT A DESCRIPTION OF LAND , ) to the Agreement dated , 1997, by and between City of Andover, a Minnesota Municipal corporation, as Lessor, and Nextel West Corp., a Delaware Corporation, d.b.a. Nextel Communications, as Lessee. The Land is described and/or depicted as follows (metes and bound description): Inside city water tower. Unplatted City of Andover, NE 1/4 of SE Section 22-32-24 (subject to Easement of RCPA 12-1-67) (Excluding W 330 Feet) (Subject to Easement to NSP 11-12-68 RCPA Easment Partially released 5/22/72). \ / \ ) 12 EXHIBIT B DESCRIPTION OF PREMISES , ) to the Agreement dated . 1997. by and between City of Andover, a Minnesota Municipal corporation, as Lessor, and Nextel West Corp., a Delaware corporation, d.b.a. Nextel Communications, as Lessee. The Premises are described and/or depicted as follows: PLEASE SEE A TIACHED EXHIBIT B DRAWINGS. \ / ~ I. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4, The type, number and mounting positions and locations of antennas and transmission lines are illustrative only, Actual types, numbers, mounting positions may vary from what is shown above. \ ) 13 , , ) / / / / / / / I I ,/ JI \ \ \ \ \ \ '\ / <.:> ~z"" t1Q~ X~IO WU-I 0- O-l~ '>-W ~u...0 Z_ <(~w W~W -I Ul -W (D-I 00 :::E:I: ~tr VlO ~c.. W a. 0: ~~ -w ~:::E ~ii: OW zo. 00 U.... U \ <( \ .....- ,/"" /'" /' / / / Z ::l ~ W-I -1- ~;:: UW..,. 0< ~W........ OW..t- UVl~ l5t: ~. <(0 GlwVl ....Vl... ~l5..,. -1- \ ~ WVl 3:Vl 00 ....0:: u...Ut;j ~ <(Z -0 _ ::> O(D o~z< ZO<(U og~o Uu..w.... .... ocw~ . ~ ~o "- ~~ffio ~a..~ ..........., '" ...........--- --- -- ------- - --........... , -- - 0:: W 3: ~ o Ww ....Ul ~a) ........... w........... ~ '; ...J ....l5 / o.~ <(<( ~) / / -- ........... -$- 0:: W 3: 00 ....i'5 LLJ: o~ o::~~ 000 g~Cl LLWZ ....>< ....0::::<: z .0 ::lO::z ~w<( t;j 0:::E0:: ~ii:O wwo ....0.0 \~ - g ii: G w ...... w -- - -- /' /'" .....- , ) 11J'....V~tMlllJl1fNilA ~ "l ,w ... . ~ ~ '.......1Q'rI#l_ ~ I < > ~ " J ~ ~~ i~ .! 'i ,.......KJlfJIlAII( X ~ . 11I'..q"llI"fXI'AIlQ.Nl~ P IBY-ff' b'tT(IfIf.....,.... .. .. ~ ~ "l 11J'....(f'VCI'GlII..1DIlA 0: ~ U,'-cl'llPfJtl'AJlll.MIfWU ~ ,"'~._fJ(",* :i! :i! , ~ ~ ~ ~ p > 11//\"',11 ~ ~ > ~ ~ < ~ . . ! < n p ! .. ~ "l E ... ~ < ~ ~ 0: E ... ~ ~ . p ! \ ; ) J EXHIBIT C FOR EXHIBIT PURPOSES ONLY EXECUTABLE MEMORANDUM FOLLOWS THIS EXHIBIT MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this _ day of , 1997, by and between City of Andover, a Minnesota Municipal corporation, with an office at 1685 Crosstown Boulevard, N. W., Andover, MN 55304, (hereinafter referred to as "Lessor") and Nextel West Corp., a Delaware corporation, d.b,a, Nextel Conununications with an office at 9401 James A venue South, Suite 180, Bloomington, MN 55431 (hereinafter referred to as "Lessee"). 1. Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement") on the _ day of 1997, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2, The term of the Agreement is for five (5) years commencing on the day of , 1997 ("Commencement Date"), and terminating on December 31 of the fifth calendar year of the Lease with three (3) successive five (5) year options to renew, 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto. LANDLORD: By: / Date: Title: Tax ID #: By: Date: Title: Tax ID #: "\ IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and ycar first above written. City of Andover, a Minnesota Municipal corporation TENANT: Nextel West Corp., a Delaware corporation, d.b,a. Nextel Conununications NOT FOR EXECUTION By: NOT FOR EXECUTION Date: Its Mayor Title: NOT FOR EXECUTION Its City Manager ALL SIGNATURES MUST BE ACKNOWLEDGED ACKNOWLEDGMENTS ON FOLLOWING PAGE 14 ACKNOWI.EDGMENTS STATE OF: Minnesota \ } COUNTY OF: On , before me, , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: STATEOF: Minnesota COUNTY OF: On , before me, ' Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. ) WITNESS my hand and official seal. My commission expires: ~ Notary Public STATEOF: Illinois COUNTY OF: Cook On , before me, , Notary Public, personally appeared John Shelton, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: 15 , I MEMORANDUM OF AGREEMENT CLERK: Please return this document to: Nextel Communications Alln.: Mallery Loftus 940 I James Avenue South, Suite 180 Bloomington, MN 55431 This Memorandum of Agreement is entered into on this _ day of , 1997, by and between City of Andover, a Minnesota Municipal corporation, with an office at 1685 Crosstown Boulevard, N. W., Andover, MN 55304, (hereinafter referred to as "Lessor") and Nextel West Corp., a Delaware corporation, d.b.a. Nextel Communications with an office at 9401 James Avenue South, Suite 180, Bloomington, MN 55431 (hereinafter referred to as "Lessee"), I. Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement") on the _ day of 1997, for the purpose ofinstalling, operating and maintaining a radio communications facility and other improvements, All of the foregoing are set forth in the Agreement. 2, The term of the Agreement is for five (5) years commencing on the day of ,1997 ("Commencement Date"), and terminating on December 31 of the fifth calendar year of the Lease with three (3) successive five (5) year options to renew, 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto, LANDLORD: , By: Date: Title: Tax ID #: By: Date: Title: Tax ID #: IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above wrillen, City of Andover, a Minnesota Municipal corporation TENANT: Nextel West Corp., a Delaware corporation, d.b,a. Nextel Communications By: Date: Its Mayor Title: Tax ID #: 52-1648414 Its Ci ty Manager ALL SIGNATURES MUST BE ACKNOWLEDGED ACKNOWLEDGMENTS ON FOLLOWING PAGE 16 ACKNOWLEDGMENTS STATEOF: Minnesota , COUNTY OF: On , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: STATEOF: Minnesota COUNTY OF: On , before me, . Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. / WITNESS my hand and official seal. GZ~/~ Notary Public tJ6ftZ-?('1 I / .OFFICIAL SEAL" PAMELA L. LINKA NOTARY P1JBlIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 06/02199 (SEAL) My commission expires: STATEOF: Illinois COUNTY OF: Cook On ~ j, /f"7 ,before me, 7?t1ll"J..L L/,flltt., Notary Public, personally appeared John Shelton, personally own'to me (of proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument,. the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: 17 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: July 15. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. /9. Approve Ordinance Summary Ordinance No. 226 Regulating and Licensing Junkyard Dealers and Auto Recycling Yards and Dealers " / The City Council is asked to review and approve the attached ordinance summary of Ordinance No. 226 - An Ordinance Regulating and Licensing Junkyard Dealers and Auto Recycling Yards and Dealers. The City Council approved this ordinance at their July 1, 1997 meeting. \ ) ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 226 SUMMARY AN ORDINANCE REGUAL TING AND LICENSING JUNKY ARD DEALERS AND AUTO RECYCLING YARDS AND DEALERS IN THE CITY OF ANDOVER. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500- 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Policy \ . ; The City finds it necessary to adopt an ordinance that regulates the licensing and operation of automotive recycling yards or junkyards. It is the purpose of this ordinance to regulate automotive recycling yards to promote the health, safety, morals and general welfare of the citizens of the City and to establish reasonable and uniform regulations to: 1. Require all automotive recycling yards to be licensed with the City. 2. Assure compliance with all operating procedures. 3. Assure compliance with all property performance standards. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. \ J 1 \ ) Enforcement The City Administrator or hislher designees shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor ofthe governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Abrogation and Greater Restrictions It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. \ / A printed copy of this ordinance is available for inspection by any person during regular office hours ofthe City Clerk and at the Andover Branch of the Anoka County Library. Adopted by the City Council of the City of Andover on this _ day of 1997. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk J. E. McKelvey, Mayor , ) 2 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: July 15, 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson~t Engineering ITEM NO. ~o . Approve Comprehensive Water Supply Plan/95-15 The City Council is requested to accept and approve the Comprehensive Water Supply Plan, Project 95-15. The water supply plan was presented to the City Council at the June 17, 1997 City Council meeting. , , / \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: July 15, 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd J. Haas, Parks ~ ITEM NO. 0<'/. Update/Hills of Bunker Lake 5th Addition Parkl97 -15 This is an update item for the City Council in regards to the development of the Hills of Bunker Lake 5th Addition Park, Project 97-15. The Park and Recreation Commission has recommended the attached plan which has been agreed to by the residents of Hills of Bunker Lake 5th Addition at the Commission meeting of June 19,1997. The Commission requested City staff to prepare plans and specifications. We also will be working with Tony Emmerich, developer of Hills of Bunker Lake 5th Addition, to discuss the grading of the field and additional tree planting on the berm in the rear yards of Lots 1, 2 & 3. , ) This project will take some time to complete due to other numerous projects, but we will attempt to do the best we can. . ) j . . \\:; 1 d' 1\"::\ 1\, 1 I :. \ \ I \ :: " ,::: I 11,.' ~'I I I ~, :: I 11' ::: I ;, ::, , " :l..:~ ::: /'5:. 'if:! . .,\ .:~ i / I., ',':: "1.;' n " \ ill ,:\ \ ' II tS)'~ \: . \ 0, j ,::: \) , .:: 1 L :;: I I .:: , i I ::: , \ I }, , , \ .:' !! \ \ '\ I J \ .J I I ,0. I . ':: r'" .:\ 1 I. .:' . I .. ! '. .:: I ~ ': \ I',:i ',:: I \1 ':~ '0' l ,1\ :: I ~,I; \:: I 1.\ J I :,. I I .. I ,\ I I I Il '1\ ~. " , ) :-4<01., \ ' . ..............- DE , --.L __ / ..' .. , .....--' -, -- -- "~' -... ...~-...... .........---... ---_._..~_._u__ ...... \ -- / IflLLS SIt' PARK I"~:: 5"'0' - " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE Julv 15. 1997 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT Finance ~~~ Jean D, McGann I ITEM NO. c9c;(. Schedule Bud2:et Workshopl7-29-97 REOUEST: , The Andover City Council is requested to schedule a budget workshop for July 29, 1997 at 7:00 PM. This special meeting is review 1998 budget requests. . I BACKGROUND: Previously the City Council received a budget time line, As indicated on the time line the preliminary budget numbers are due to the County on or before September 15, 1997, The requested budget meeting will be the first of possibly three meetings necessary to design the 1998 budget. . , ;' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " I DATE: July 15, 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott .Erick.son~t Englneenng ITEM NOo?< . Approve Feasibility Report/97-26/Hamilton Square The City Council is requested to approve the resolution accepting the feasibility report, waiving public hearing, ordering improvement and directing preparation of plans and specifications for the improvement of sanitary sewer, watermain, street and storm sewer for Project 97-26, Hamilton Square. , , / \ , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , I RES, NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-26 FOR SANITARY SEWER WATERMAIN. STREET AND STORM SEWER IN THE FOllOWING AREA HAMilTON SQUARE WHEREAS, the City Council did on the 24th day of June , 19 97 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by McCombs Frank Roos Associates Inc. and presented to the Council on the 24th day of June, 19----9L; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 648.310 , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total project cost of improvements of $ 648,310 and waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of McCombs Frank Roos Associates Inc. to prepare the plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby require the developer to escrow for the sum of $ 97.250 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of July . 19----9L, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J , " ATTEST: -' J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ! DATE: July 15 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,~t Engineering ITEM No.""?i Approve Encroachment Agreement/Minnesota Intrastate Pipeline Co.l95-24/Coon Creek BikewaylWalkway Trail The City Council is requested to approve the Encroachment Agreement with Minnesota Intrastate Pipeline Co. for Project 95-24, Coon Creek BikewaylWalkway Trail. ~ I / ~ MIPe Easements #163,164 & 165 ENCROACHMENT AGREEMENT 1, The City of Andover ("Andover") has a legal interest in property described as: Part of the Southeast Quarter of Section 26 and part of Northeast Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota ("Property"), 2. Minnesota Intrastate Pipeline Company, a wholly owned subsidiary of NorAm Energy Corp, ("MIPC") has easements and a DNR Permit for a High Pressure Natural Gas Transmission Pipeline ("Pipeline"), according to easement numbers MIPC 163, 164 & 165, which are located on a portion of the Property. These easements were filed and recorded on August 19, 1988, County of Anoka, as document number 819730 and recorded on October 26, 1988, County of Anoka, as document number 828205. By virtue of these easements, MIPC holds exclusive legal right to use and occupy a portion of the Property for utility purposes. , , / 3. Andover wishes to construct a Bikeway/Walkway Trail City Project 95-24 ("Trail") on the Property and has submitted a site plan, dated May 29, 1997, detailing the proposed construction. Site Plan is not attached. 4. MIPC has reviewed the site plan and has determined that a portion of the proposed Trail will encroach upon its easement, 5. However, the proposed construction will not significantly interfere with MIPC's use of its easement and MIPC will continue to exercise its easement rights. MIPC does not intend to abandon any part of its easement rights. , , . / , ) ) ) 6. Thus, Andover, wishing to construct a Trail and MIPC desiring to protect its easement rights, in consideration of the promises below, agree as follows: A. Subject to the conditions below, Andover may construct and maintain its encroachment as limited and described in the Site Plan, However, Andover shall not construct any structures or plant any additional trees, shrubs or etc., within the easement area. 8, The construction and maintenance shall comply with Site Plan including any changes, additions or deletions MIPC has made to that exhibit, Andover will also comply with MIPC's Requirements for Construction and/or Encroachment Within Gas Pipeline Easements which is attached as Exhibit A and incorporated by reference, except as follows: MIPC, by these presents, will allow the excess fill over the Pipeline from station 7 + 65 to 10 + 30 on page 7 of 26 of said City Project 95-24. MIPC will not allow future cover over the Pipeline of less than 4 feet or future fill of more than 6 feet, unless specifically authorized in writing by MIPC. C. MIPC's sufferance of this encroachment is limited to the use(s) specified in the Site Plan and shall not be a waiver of any rights MIPC may otherwise have and this agreement will terminate upon any assignment or transfer of Andover's interest in the Property, MIPC will consider, however, offering an encroachment agreement, in its current form and wording as exists in the future, to any subsequent owners of the Property when title is transferred, or just prior to the transfer of title, if no additional encroachments are constructed or planted within the easement area and if MIPC has not terminated this agreement as explained and detailed in paragraph "F" below, : ) , ) \ . J D. Andover will indemnify MIPC, its employees and agents, from any claim, damage, loss, litigation, liability, judgement or expense which is in any way related to Andover's encroachment of MIPC's easement, E. Andover will reimburse MIPC for any and all additional costs MIPC incurs in the future as a result of maintaining this Pipeline solely because of the Trail encroachment. F, Andover will also pay all replacement costs of the trail, and any other appurtenances, as a result of MIPC exercising its rights according to the easements referenced above, G. MIPC reserves the right to revoke or cancel this Agreement and require immediate removal of the encroachment if Andover violates this Agreement, removal is deemed necessary by MIPC because of internal policies, or MIPC intends to relocate the existing pipeline, construct additional pipelines or change the existing use of the easement. City of Andover By MIPC, a wholly owned subsidiary of NorAm Energy Corp. By Its Its Date Date Exhibit A ) MIPC, a wholly owned subsidiary of NorAm Energy Corp. REQUIREMENTS FOR CONSTRUCTION AND/OR ENCROACHMENT WITHIN GAS PIPELINE EASEMENTS The following guidelines are general requirements only. MIPC may inspect the area and review construction plans. Final construction clans must be aooroved bv MIPC before anv construction is beaun within MIPC's easement. 1 . Soil shall not be removed or placed in a manner that will result in earth or pavement cover over the pipeline of less than three feet or more than five feet, A level area of not less than six feet on each side of the pipeline shall be maintained at all times. Slope beyond 6' from the pipeline shall not be steeper than 4 to 1, unless otherwise agreed. Any amount of cut or fill, within the 4 to 1 slope area, shall increase the width of the level area on each side of the pipeline by that same amount of cut or fill. The pipeline must be fully accessible at all times during and after the construction. 2. Landscaping over and within ten feet on each side of the pipeline is restricted to normal ground cover vegetation. Beyond ten feet on each side of the pipeline, upright plantings are restricted to (and shall not exceed) six feet in height. No trees shall be planted or remain within the easement. Any trees, removed within the easement while performing maintenance activities shall not be replaced by MIPC or owner. 3, Any buried utility line installed across the inplace pipeline shall be placed with no less than one foot of vertical separation (Federal Regulation), padded with well compacted soil (preferably granular material) and cross at an angle less than 450, from normal to the pipeline. 4. With prior MIPC approval, parking lots, perpendicular driveways or roadways of portland cement 'i concrete or asphaltic concrete (or similar materials) may be placed within the easement, but shall J be reasonably limited in width when crossing the easement to minimize the interference with or access to the pipeline for inspection and maintenance. Permanent structures, including, but not limited to, buildings, signs, screen walls, decks, tennis courts, and swimming pools are not allowed under any circumstances within the easement, Installations such as retaining walls and fences that may restrict longitudinal access require approval by MIPC before construction. All fences must have a 10 foot wide gate centered over the pipeline, 5. Once MIPC and Andover, Developer or Contractor have reached an agreement, MIPC shall be given at least two working days advance notice of planned construction activity so arrangements can be made for MIPC Personnel to monitor the construction. MIPC will locate and stake the pipeline, but will not assume responsibility to expose or backfill the pipeline or to determine the actual elevation of the in place pipeline. Excavation to expose the pipeline shall be parallel to the pipeline. MIPC Personnel must be present during this excavation. 6. Any subsequent damage or destruction caused by MIPC in the exercise of its easements rights, of any and all of those certain foreign constructions (landscaping, driveway, roadway, utility lines, etc.) which may be permitted within the easement area, will be permanently repaired or replaced at the owner's or contractor's (not MIPC's) expense. 7. In accordance with Federal Department of Transportation Codes, MIPC must place markers over the transmission line. These markers will always be placed behind both sides of the curb or behind the driven roadway. All markers placed by MIPC will not be removed. If you have any questions call: John Wiinamaki, Engineering Services - 321-5257. ) Dated: June 27, 1997 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: July 15, 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. d~. Approve Encroachment Agreement/Northern Natural Gas/95-24/Coon Creek Bikeway/Walkway Trail Scott Erjckson,~c;, Engineering The City Council is requested to approve the Encroachment Agreement with Northern Natural Gas for Project 95-24, Coon Creek Bikeway/Walkway Trail. " ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: July 15 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,~t Engineering ITEM NO. Approve Encroachment Agreement/Minnesota Interstate Pipeline Co.l95-24/Coon Creek BikewaylWalkway Trail G\) (, . The City Council is requested to approve the Encroachment Agreement with Minnesota Interstate Pipeline Co, for Project 95-24, Coon Creek BikewaylWalkway Trail. The City Attorney has indicated that the agreement shall include the following: 1. Insert the words "for cause" in paragraph 26 of the agreement. ; 2. The insurance levels are too high. Approval is based upon utilizing the existing insurance levels the City currently carries. . , Approval of this agreement is made contingent upon the above noted items. \ ) ...J1l... JII , ) CATELLUS June 25, 1997 Dave Berkowitz City of Andover Engineering Dept. 1685 Crosstown Blvd. NW Andover, Minnesota 55304 RECEIVED JUN 3 0 1997 CITY OF ANDOVER Dear Mr. Berkowitz: Enclosed please find duplicate counterparts of the requested contract for execution by an official authorized to execute contract agreements on behalf of the City. Please execute and return both copies with oriainal sianature for completion on part of The Burlington Northern And Santa Fe Railway Company ("BNSF") along with the following requirements: . A check in the amount of $2750.00 payable to The Burlington Northern And Santa Fe Railway Company which covers the contract fee and a $250.00 processing fee; -, ) . A certificate of insurance evidencing that Licensee maintains a comprehensive general form of insurance as required in the agreement. BNSF and Catellus Management Corporation shall be named as additional insured; . A separate certificate of insurance proving the purchase of a Railroad Protective Liability Policy as required in the agreement. BNSF will be the onlv insured party. In lieu of this requirement, you may participate in the BNSF's Blanket Railroad Protective Policy by checking the appropriate box in the contract and including an additional $1,000.00 with your check, The enclosed permit is not a binding agreement and shall become binding only when, and if, it is executed by you and fully approved and executed by BNSF (or its Attorney In Fact, Catellus Management Corporation), Please be informed that if contracts, fees, and insurance are not returned within forty-five (45) days, the processing fee will increase to $500.00. Upon completion on behalf of BNSF, one fully executed counterpart will be returned for your records, Sincerely, ~ ~;ndez aMf- Contract Specialist ') Enclosure CATELLUS MANAGEMENT CORPORATION 4545 FULLER. DR.IYE. SUITE 105 IR.YING. TEXAS 75038 (972) 719-0111 FAX (972) 719-6153 Contract No: , , J LICENSE THIS LICENSE, made as of the 25th day of June, 1997, subject to the terms and conditions set forth herein, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, its successors and assigns, a Delaware corporation (hereinafter called "Licensor"), and CITY OF ANDOVER, a Minnesota municipality, and its contractors and subcontractors (hereinafter collectively called "Licensee"). WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Licensor hereby licenses Licensee, subject to the rights and easements hereinafter excepted and reserved and upon the terms and conditions hereinafter set forth the right to install, maintain, and utilize a public bikeway/walkway trail (hereinafter called the "Trail") at the location shown on the attached Drawing no, 1-11107, dated June 24, 1997, attached hereto, marked Exhibit "A", and made a part hereof (which location is hereinafter called the "Premises"). The Premises are situated under Licensor's bridge no. 131.5, at or near Andover, County of Anoka, State of Minnesota, Line Segment 28, Mile Post 131.5. , 2. This agreement shall be effective .I 3. The Trail shall be enclosed within a wire fencing e'nclosure for the entire length of the Premises. 4. Signs shall be posted instructing persons to remain on the Trail and within the enclosed area. 5. If Licensor rebuilds or reconstructs bridge no. 131.5, any additional costs in design and reconstruction to accommodate the Trail will be at the cost of the Licensee. Any costs associated with the removal of the Trail during rebuilding or reconstructing of bridge no. 131.5 will be at the cost of the Licensee. 6. All costs associated with the construction and maintenance of the Trail and wire enclosure on the Premises, will be paid by the Licensee. 7. Licensee will, at its sole cost and expense, remove and obliterate graffiti on Bridge 131,5 and repair any damage caused by persons passing under Bridge no. 131.5. 8. Licensee may exercise its rights under this License through its contractors and their subcontractors. The acts and omissions of such contractors and subcontractors while on or about the Premises shall be deemed to be the acts and omissions of Licensee. '. J 1 ') J 9. (a) Licensee shall pay Licensor as compensation for the use of the Premises the sum of Two Thousand Five Hundred and No/100 Dollars ($2,500.00), payable in advance. (b) Licensee additionally agrees to reimburse Licensor (within thirty (30) days after receipt of written advice from Licensor) for all cost and expense incurred by Licensor in connection with Licensee's work on the Premises, including but not limited to the furnishing of Licensor's flagman (the current rate for which $300.00 per eight hour day, $45.00 per hour thereafter). 10. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever, or to refund any compensation paid hereunder. This License is made expressly subject to any and all leases and licenses which may affect the Premises, and Licensee shall not disturb in any manner any improvements of Licensor or Licensor's existing licenses or leases. Licensee does not warrant that it has good title to the Premises. , 11. Licensee shall use the Premises exclusively as a site for a bikeway/walkway trail. In the event Licensee shall use the Premises for any other purpose whatsoever, Licensor may declare this License at an end and prevent Licensee from using or remaining upon Premises, with or without process of law. Use or storage on the the Premises of any hazardous materials is prohibited and a breach of this License. Licensee shall not have possession of the Premises to the exclusion of Licensor or any others who have obtained or may obtain permission or authority from Licensor to use the Premises. / 12. (a) Licensee shall notify Licensor's Roadmaster, (currently Steve J. Fluck at 2304 N. 28th Street, Superior, WI 54880, telephone (715) 394-1236), at least five (5) days in advance of entering upon the Premises to enable scheduling of an inspector and/or flagman, if necessary. After completion of use of the Premises for the purpose identified in Section 11 herein, Licensee shall notify Licensor in writing that such use has been completed in accordance with Section 26 herein. (b) In performing the work described in Section 11, Licensee and its contractors and their subcontractors forces shall use only public roadways to cross from one side of Licensor's tracks to the other. " J 13. Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within fifteen (15) feet of the centerline of any railroad track unless such activity is approved in advance and in writing by Licensor. Prior to any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice ~, consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized 2 , \ I , equipment. Upon written request of Licensee, delivered to Licensor at least, thirty (30) working days in advance of any imposed work on the Premises, Licensor will provide Licensee any information that Licensor has in its possession concerning the existence and approximate location of underground utilities and pipelines on the Premises and, prior to any such drilling or excavating, the Licensee will review all such material to preclude Licensee's fouling any existing pipelines or structures. Licensor does not warrant the accuracy on completeness of information relating to subsurface conditions that may be provided by it to License and Licensee's activities on the Premises will be subject at all times to the liability provisions of this License. 14. Any open hole, boring or well constructed upon the Premises by Licensee shall be safely covered and secured at all times when Licensee is not physically working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level with compacted bentonite grout; or (b) otherwise secured or retired as required by federal, state or local law or regulation, or by any governmental agency having jurisdiction over the Premises. All excavated materials shall be properly disposed of by Licensee and shall not be left on the Premises for more than ten (10) days. 15. Upon completion of each portion of its work on the Premises as set forth in this License, Licensee shall: (1) remove all of its equipment from the Premises; (2) restore any damage to the Premises caused by Licensee; (3) remedy any unsafe conditions on the Premises created by Licensee; and (4) leave the Premises in as functional and safe a condition as that which existed at the time of the initial entry by Licensee pursuant to this License. , 16. Licensee's on-site supervision shall retain/maintain a fully-executed copy of this License at all times while on the Premises, 17. In using the Premises, Licensee shall comply with any and all requirements imposed by federal or state statutes, or by ordinances, orders, or regulations of any governmental body having jurisdiction thereof, 18. (a) Except as set forth in Section 18 (b), Licensee shall indemnify and hold harmless Licensor and shall cause its contractors (and their subcontractors) to indemnify and hold harmless Licensor for all losses, damages, injuries or death to any person, as well as expenses and claims under the Federal Employees' Liability Act, or any applicable safety act, (45 U.S.C. Sec. 1, et seq.), arising in any manner out of the failure of Licensee to take any action required by this License, the condition of the Premises or any equipment or improvements thereon, or any act or omission of Licensee, its employees, agents, contractors, consultants or invitees, ("Licensee's Parties"), regardless of Licensor's negligence, except to the extent any such losses, damages, injury, death, or expenses are proximately caused by Licensor's affirmative negligent act, or its gross negligence or intentional misconduct. \ / (b) Whenever an employee, agent or contractor of Licensee or any of Licensee's Parties makes any claim for personal injury or death against Licensor within the meaning of the Federal Employers' Liability Act, or any applicable safety act, (45 U,S.C. Sec. 1, et seq), for any incident caused, wholly or in part, by property, 3 ') , f equipment, fixtures or condition belonging to or subject to the control of Licensee, or claims or alleges that he or she is an employee of Licensor or is furthering the operational activities of Licensor, Licensee agrees to indemnify and hold harmless Licensor for all losses, damages, costs or expenses related to such claim, regardless of Licensor's negligence. 19. (a) Licensee shall, at its expense, procure and maintain throughout the term of this License, and thereafter until all property of Licensee is removed from the Premises, a comprehensive general form of insurance covering liability, including, but not limited to, public liability, personal Injury and property damage, as well as specifically require a contractual liability endorsement that includes Licensor's obligations under Section 18 contractual liability in an amount no less than $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall contain no exclusion with respect to property of Licensor in the care, custody or control of Licensee. Licensee shall also, at its expense, procure and maintain throughout the term of this License an automobile liability policy with limits of One Million and No/100 Dollars ($1,000,000) covering "any auto". LICENSOR AND CATELLUS MANAGEMENT CORPORATION SHALL BE NAMED AS AN ADDITIONAL INSURED, (b) All risk insurance on the property of Licensee, or in Licensee's care, custody and control, shall contain a waiver of subrogation of claims against Licensor. Licensee shall maintain Workers Compensation insurance which shall contain a waiver of subrogation against Licensor. . , , / (c) All insurance required by this Section 19 shall be placed with insurance companies licensed to do business in the State in which the Premises are located, with a current Best's Insurance Guide Rating of B and Class X, or better. Licensee shall provide, and thereafter maintain in effect, a current Certificate of Insurance evidencing such insurance. If any insurance policy required by this Section 19 contains an exception or exclusion to coverage for activities occurring within a certain distance from railroad tracks or railroad property, Licensee shall obtain an endorsement to such policy specifically deleting the exception or exclusion. Each policy required by this Section 19 shall provide that it shall not be canceled or materially changed unless at least thirty (30) days' prior written notice of cancellation or change shall have been mailed by the insurance company to Licensor at the address designated herein. (d) Licensee shall, at its expense, procure and maintain a Railroad Protective Liability insurance policy issued in the name of Licensor with limits of $2,000,000 for bodily injury and property damage per occurrence with an aggregate of $6,000,000 at any time when construction or demolition work will be by Licensee on the Premises. The policy applicable to the initial construction phase of this proiect must remain in force durinq the construction phase of this proiect and must be provided to Licensor prior to Licensor siqninq this License. (e) The furnishing of insurance required by this Section 19 shall in no way limit or diminish the liability or responsibility of Licensee as provided under any Section of this License. \ / 4 , I , / (f) Require Licensee to require its contractors and their subcontractors to carry insurance as above, except only 1 (one) Railroad Protective Liability policy needed. (g) Licensee shall be allowed to self-insure any or all of the insurance coverages referenced above, 20. Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, addressed to either party, at the addresses and departments shown beneath the signatures of the parties. 21. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 22. It is understood and agreed that this License shall not be recorded with the County Recorder or filed with the County Registrar. 23. All questions concerning the interpretation or application of provisions of this License shall be decided according to the laws of the State in which the Premises are located, ., J 24. To the maximum extent possible, each provIsion of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. 25. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. 26. This License mav be terminated at anv time bv either party upon thirty (30) days notice in writinq to be served upon the other party, stating therein the date that such termination shall take place, and upon the expiration of the time specified in such notice this License and all rights of Licensee hereunder shall absolutely cease and determine. 27. Upon the termination of this License in any manner herein provided, Licensee shall forthwith surrender to Licensor the possession of the Premises and shall restore the Premises in accordance with Section 15, and in case Licensee shall fail within thirty (30) days after the date of such termination to make such restoration, then Licensor may contract to restore the Premises for the account of Licensee, and in such event Licensee shall within thirty (30) days after the rendition of written advice therefor reimburse Licensor for the cost so incurred. ., 28. If Licensee fails to surrender to Licensor the Premises, upon termination of this License, all the liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered; and no termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting 5 from any acts, omissions or events happening prior to the date of termination or the date, if later, when the Premises have been restored as provided in Section 15 hereof. 29. It is understood and agreed that nothing contained herein shall be construed as a commitment to grant Licensee conveyance or any other estate or interest in any part of the Premises. 30. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to use of the Premises for the purpose herein stated, and supersedes any and all other agreements between the parties hereto relating to use of the Premises for such purpose. Catellus Management Corporation is acting as attorney in fact for The Burlington Northern And Santa Fe Railway Company. IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties hereto as of the day and year first above written. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: Catellus Management Corporation Its Attorney in Fact 4545 Fuller Drive, Suite 105 Irving, TX 75038 , , , J By: James A. Ball, Manager Contracts CITY OF ANDOVER 1685 Crosstown Blvd. NW Andover, MN 55304 By: Title: 6 ... \ \ j THE BURLINGTON EXH I BIT /I A II ATTACHED TO CONTRACT BETWEEN NORTHERN AND SANTA FE AND CITY OF ANDOVER AH-021 RAILWAY COMPANY FORT WORTH. TEXAS SCALE: 1 IN.=1iliL FT. MINNESOTA DIV. HINCKLEY SUBDIV. L.S. QQ2..8 DATE 06/24/1997 '" Cl1 l'- o U1 V- MAP PARCEL -=- u... W 0:: a... <t ::E ;;:,:: ~1: !I' :;1: i :-l~- 1 ::::I',":! I .' . .c::; ~ . ill:]: 11'11 "":1' r..,: :~ \ PROPERTY LI NE '::;;:'~, !; ~ ::: _~, ':Lr; "'. 1, :~. ..--::...- ---,- .. , . --. -~ -- .-.. ~-. (.' -t: i: ='".::--::::~ ."::::::-,!t --:-"::"':::--'.".-, ,." --" . -'~':.-. ~''''-~fr- -.. ~ ,. ~ Trjri1tI"."lt:n~ ..'Ih'lf"~ ~~~ .1,;; ,:;;;: ~ ~~~._.. -'l'l-'- -11-- ... ~:I 'L 011i7 :-.....r 11' I~ J;~~~~~~~~...r;,.~.,~~ \ :~ I ... ~__ __ ..._. . ,:.... 1. _ _ lit _HH : H .._~.._._.._=_Il_..__#. I,. --... .r.+.....UUtl,lnl1C... ""'Hlr" ll~- - .. ..:.,._ ":ll{1jmlll'Ulll]f,"lll:'\lll~"!lI!lrl' ~ ::::H- . .. '1;1.. .--..---=::::::::::::,_____:_____ o rr:lir;rm'lr.r!l. unG~~~" .:= 11:.11'... Ln -:. ' · ",,,, .".".. ..I ~ .t;: ".' 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Engineers Planners Surveyors Feasibility Report for Chesterton Commons City Project No. 97-8 Utility and Street Improvements City of Andover June, 1997 Modified July 11, 1997 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739. Telephone 612/476-6010. Fax 612/476-8532 " LJ n U fl L.J McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors .., L.J July 11, 1997 n L.J fl L.J n L.J " LJ n L.J n U n L.J .., LJ f\ L.J .., LJ fl u ,.., LJ Honorable Mayor and City Council City of Andover c/o Mr. Scott Erickson, P.E., City Engineer 1685 Crosstown Boulevard Northwest Andover, Minnesota 55304 SUBJECT: City of Andover Chesterton Commons, City Project No. 97-8 Utility and Street Improvements MFRA #11670 Dear Mayor and Council Members: Enclosed is the modified feasibility report for the utility and street improvements in Chesterton Commons. This report was ordered by the City Council on April 15, 1997. There were some modifications to the plan by the developer making it necessary to modify our original June 13, 1997 report. The estimated project cost for all three phases as detailed in the report is $2,521,350.00. The project is feasible from a technical and engineering standpoint. We appreciate the opportunity to serve you on this project and are available to meet with the City Council, staff, and other interested parties to review any aspect of this report. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. 'P . lit R. Jeff Elliott, P.E. . ~- fl RJE:jb u Enclosures e:\main:\11670\feas6-10 n U fl LJ An Equal Opportunity Employer r") u r'1 LJ '1 LJ r'1 o r"1 .J r'1 J ,.., LJ r'1 u r"'l LJ .., u r'l -.J r"1 u r"'l LJ ,.., u n u n Ll r"1 U n Ll n , u FEASIBILITY REPORT FOR CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS CITY OF ANDOVER, MINNESOTA PREPARED BY: McCombs Frank Roos Associates, Inc. 15050-23rd Avenue North Plymouth, Minnesota 55447 (612) 476-6010 June, 1997 Modified June 30, 1997 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. 07/11/97..........'R..J~ffEiii~~:p:E'..........F14r......~~..............~...............Minn. Reg. No. 19174 'l ~l ., LJ " I U f'1 Ll f\ U ., LJ q u ., LJ n U " J n U r"f LJ n LJ n ~ " u ., LJ '1 u .., U n I o TABLE OF CONTENTS INTRODUCTION" ",..".., '" ..,.,. ...,. '" ."" ".., ".., .... "."."", ..... .., "'" ." "" ,,"" ".", ... ."... ..", "."., .,., "'" .,.. .",., .", .,.., .,..", ,"" 1 LOCATION (NW1/4 OF Section 23, T32N, R24W)...,............,...............,...,.............,.........'............,.......,...,.....,.,....., 2 IMPROVEMENTS ."., .", "...."".,.., ." ".., ,..,...",..., "",.,..,.",. ..,."....' ."" ,,"" ."...", ",., ",...,..'"."",.....,., ",.., ...' ...,..'",..., ." 3 1, SANITARY SEWER ",...., ,." ."" ".,.,."...., "",....,."......,.......,... ,...,.", ,..,..,..., ." ,...,.",.,...,....,.., ......,...".,......,..,... 3 2, WATERMAIN """.,....""..".........,.."".", ....,....,."".....", ".."" "",...., ,. '" ,."....,...,.",..'" ",.....,.,." ,." ...."....".., ." 5 3, STORM SEWER".".., ""...,..........,....,..,...,..,....,..,"" ...,.,...""....".......,....,.....""......,',..," ......", ,.." ,...",...., ..,.. 7 4, STREETS, BIKEWAYNJALI(Y'-JAYS AND RESTORATION,..,.........,....................,.....,............................................8 INITIATION (Petition/Andover City Council Action).,....,.."", .,.., ,..,..........,..",...,..,.," ",....,.,...,.", ,..,.,.." ,.., ,.".,......".,., 9 FEASIBILITY (The Project is Feasible) ...,.",.,..."...,....,.,.".....",..,.""",."."...,"......."...,......".."."..,.."...,..,....,...........9 RIGHT-OF-WA Y/EASEMENTS (To be Platted)....,."".,..,.." "....., "....,....,..",....,...",..".,',."......, ".,."... ...,."......' ..,..... 9 PERMITS (Anoka County MPCA, MCES, Department of Health, DNR. Corps of Engineers, Coon Creek Watershed District)"..,.."...."".,.,."""..."""....,."".,.,.,."",..."",....,...,..,',.,.."..,',..,....,",....."......,.,...,.... ".,...,. 9 COMPLETION (Phase 1 - 1997, Phase 2 -1998, Phase 3 -1999),....................................................,..,..,........,.... 10 ESTIMATED PROJECT COST ($2.521,350.00),..............................,................,.,.,.................,....,..................,.......11 ESTIMATED ASSESSABLE COST (Unit Basis).................,.............,..............................,.......,..........,...,................ 13 RATE CALCULATION"."..........,. ......"........, ".,.,..,..,..,.",...,.,.....,.,.,., .....,.,.",..,...,.", .",.....".. ,..,.".,......".."".......,..,. 14 ESTIMATED COST PER LOT ($13,134.39).......................................,....,............................................................... 15 PROPOSED PROJECT SCHEDULE (1997 Construction Season for Phase 1.1998 Construction Season for Phase 2. 1999 Construction Season for Phase 3 and as referenced by David Calberg's Department Phasing, dated January 21, 1997) .................... 18 PRELIMINARY COST ESTIMATE (Sanitary Sewer. Watermain, Storm Sewer. and Street and Restoration)........ 19 ~ o ,., U r'l I U r"1 LJ "1 J " J 'l u " LJ f\ U ,., , LJ f\ U '"' LJ f\ U ,., :..J ,..., u n tJ I"l u " LJ ~ LJ CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS INTRODUCTION The purpose of this feasibility report is to present the City of Andover with a preliminary examination of municipal improvements for Chesterton Commons. The report discusses the proposed scope of utility and street improvements, preliminary cost estimates, assessment rates, and a project schedule. The report was initiated by the Andover City Council on April 15, 1997 and has been prepared in compliance with Minnesota State Statues 429 for projects resulting in special assessments. The costs provided in this report are based on the current Engineering News Record Construction Cost Index of 5,860.36. This June 30, 1997 report is modified from our original feasibility report dated June 13, 1997. There were modifications to the plan by the developer making it necessary to modify this feasibility report. This feasibility report is proposed with the understanding that permanent and temporary utility easements will be provided to the City of Andover in order to extend and serve adjacent plats with utilities. The dates shown on the Proposed Project Schedule on page 10 are contingent on the acquisition of these mentioned utility easements. ~ o r'1 U .., I U "1 lJ '1 J r'1 J ,.., J "1 Ll ,.., u ~ , u n L.J n U n u ,., L.J n u n u "1 u r'1 L.J r, , LJ CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 2 LOCATION The proposed project covers utility and street improvements in the proposed Chesterton Commons development, located in the NW 1/4 of Section 23, T32N, R24W, in the City of Andover, Minnesota. A preliminary plat containing 229 single family lots has been approved with contingencies for this parcel. The project has been divided into three phases. Phase 1, which is the eastern phase, will contain 77 lots, and Phase 2, which is the western phase, will contain 121 lots. Both of these phases are located south of Ditch No. 37. Phase 3, the phase located north of Ditch No. 37, will contain 31 lots. The Chesterton Commons Plat is bordered by Hanson Boulevard on the west, Hamilton Property on the south, Crosstown Boulevard Northwest and unplatted property on the east and unplatted property to the north. ,..., u n u r-, , u n I l.J n u n I U '1 u r-, u r-, J r-, LJ r-, . LJ r, oJ ~ , u n LJ r-, u n u '1 u n LJ f"1 LJ CHESTERTON COMMONS CITY PROJECT NO. 97-8 . UTILITY AND STREET IMPROVEMENTS Page 3 IMPROVEMENTS 1. Sanitary Sewer The proposed sanitary sewer collection system for this project will be provided by connecting to the existing 12 inch diameter sanitary sewer located northwest of the intersection of Crosstown Boulevard Northwest and Yellow Pine Street Northwest. It is proposed to extend 12 inch diameter sanitary sewer northeast along the north side of Crosstown Boulevard Northwest to the Avocet Street Northwest intersection, a distance of about 1,000 feet. The feasibility of this trunk extension is being evaluated by others. The sewer will be extended within the platted road right-of-way an approximate distance ofl,615 feet to the intersection of 154th Avenue Northwest and 154th Lane Northwest. It is then proposed to extend 360 feet through a park to the centerline of 155th Avenue Northwest. At the centerline of 155th Avenue Northwest, a 10 inch diameter sanitary sewer will extend northwesterly about 670 feet to the end of 155th Avenue Northwest. A 10 inch diameter sanitary sewer will also extend easterly and northerly about 2,300 feet along 15Sth Avenue Northwest, Bluebird Avenue, across Ditch No. 37 to Avocet Street Northwest and 156th Lane Northwest. The 10 inch diameter sanitary sewer will be stubbed at the westerly boundary of 156th Lane Northwest. It is then proposed to extend 8 inch diameter lateral sanitary sewer within the remainder of the platted road right-of-ways as shown on the sanitary sewer exhibit. (Refer to Exhibit 1.) ,..." Li r-, l.J CHESTERTON COMMONS CITY PROJECT NO, 97-8 UTILITY AND STREET IMPROVEMENTS Page 4 '1 u Tl U All residential lots will be served by 4 inch diameter PVC services, with a 4 inch diameter PVC vertical clean-out located at the right-of-way line. ~ J The sanitary sewer addressed under this project is proposed to be paid as follows: n I LJ A. The City will pay for 100% of the portion of sanitary sewer pipe located from the existing sanitary sewer stub to just north of the intersection of Crosstown Boulevard Northwest and Avocet Street Northwest. fl J r, J B. The City will pay for pipe oversizing (sanitary sewer greater than 8-inch diameter) for the sanitary sewer located within the Chesterton Commons development. The cost of the 8-inch, and smaller, sanitary sewer shall be paid by Chesterton Commons. ,., I LJ ~ LJ n LJ ,.., u ..., u ,., u n u n LJ '1 u Tl L.J ~ LJ ~ u fl u f"1 I w r'1 u '1 J rl t LJ J .., , J ,., I L.1 ,., LJ rl i U '1 :J ,., I U ,.., . LJ r: , U ,.., Ll r"1 u rl LJ Tl , lJ CHESTERTON COMMONS CITY PROJECT NO, 97-8 UTILITY AND STREET IMPROVEMENTS Page 5 2. Watermain Water service will be extended from an existing 10 inch diameter DIP watermain stub located along the north side of the intersection of Crosstown Boulevard Northwest and Yellow Pine Street Northwest. The feasibility of this trunk extension is being evaluated by others. The 10 inch diameter water service will be extended northeasterly along the north right-of-way to the proposed Avocet Street Northwest. It is proposed to extend 12 and 8 inch diameter DIP watermain within the platted streets as shown on the watermain exhibit (refer to Exhibit 2). The 12 inch diameter watermain will include stubs to the termination at the west end of 154th Lane Northwest and the easterly boundary of 155th Avenue Northwest. In addition, the 12 inch diameter watermain will be extended westerly about 900 feet, from the intersection of 154th Lane Northwest and 153rd Lane Northwest to provide oversizing for the Hamilton Square development. All watermains on the project will be equipped with the necessary valves and hydrants necessary for proper operation and fire protection. It is proposed to install 200 feet of 8" DIP restrained joint watermain and a gate valve in a manhole at the Ditch No. 37 crossing located between Phase 2 and 3. All lots will be served by one inch copper services, with curb stops located at the right-of- way line. The watermain addressed under this project is proposed to be paid as follows: A. The City will pay for 100% of the portion ofwatermain located from the existing watermain stub to just north of the intersection of Crosstown Boulevard Northwest and Avocet Street Northwest. n u f\ LJ ,.., J I""l i i..J J I""l i U T'1 u ,., o I""l J I""l . LJ n L1 I""l I W I""l ~ I""l U, I""l , J n . u I""l t.J I""l U T'1 J CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 6 B. The City will pay for pipe oversizing (watermain greater than 8 inch diameter) for the watermain located within the Chesterton Commons development. The exception to the above is the extension for the Hamilton Square development Hamilton Square will pay for that pipe oversizing. The cost of the 8 inch, and smaller, watermain shall be paid by Chesterton Commons. r'1 U n \..J q , I :.J !'1 U r'1' ; u n '..J ,..., \J n u r; I U r-, I u ..., L1 ,..., I U T"1 ..J ,.., .;.J n I L1 ,.., \..J n u ,., u n ..J CHESTERTON COMMONS CITY PROJECT NO, 97-8 UTILITY AND STREET IMPROVEMENTS Page 7 3. Storm Sewer Surface water within this plat will be controlled with storm sewers and on-site ponding. All storm sewer sizing and catch basin spacing is based on a 10-year design storm frequency. Ponding is based on a 100-year design storm frequency. Emergency overflow will be provided at all low points within the streets to provide overflow protection of homes for runoff events with greater flows than those used for the design of the storm sewer collection system. It is proposed to construct catch basins at all low points within the streets throughout the plat and direct most of the runoff to sedimentation ponds located upstream of the Coon Creek floodway. The proposed system is shown on the storm sewer exhibit (refer to Exhibit 3). All construction adjacent to wetlands will be approved or reviewed by the Corps of Engineers, the Department of Natural Resources and/or the Coon Creek Watershed District. All permits related to total site grading are the responsibility of the developer. n \..J ,.., Li ,., J l"1 \ U '"""I !...l ~ I U ,.., i \.oJ l"1 ! -1 r"'\ J l"1 ; U ~ u ,., I U .., J ,.., -.J l"1 I I U l"1 Li n \ U n LJ l"1 I U CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 8 4. Streets, Bikeway/Walkways and Restoration Public streets are proposed to be constructed (refer to Exhibit 4) to Andover City Standards which require a 32-foot width (face to face of curb) with concrete curb and gutter. Bikeways/walkways are proposed to have a 10-foot width (County standards). The streets and bikeways/walkways will be constructed with 2-1/2 inches of bituminous wearing course and 4 inches of Class S gravel base over an acceptable compacted subgrade. It is assumed that all street areas will be graded to within 0.2 feet of the designed subgrade elevation prior to utility and street construction. The road shall have a 6-inch crown with O.S% minimum grade and 7% maximum grade. Grades within 30 feet of street intersections shall not exceed 3%. Boulevards are proposed to have a positive 2% grade from the back of curb to a distance of 8 feet behind the back of curb. Beyond 8 feet behind the back of curb, the maximum boulevard slope shall be 4:1. The bikeways/walkways addressed under this project is proposed to be paid as follows: A. The City will pay for 100% of the portion of bikeways/walkways to be located within the park. S. The City will pay for SO% of the portion of bikeways/walkways to be located between Hanson Boulevard Northwest/Crosstown Boulevard Northwest and the Chesterton Commons development. Chesterton Commons will pay the other SO% of the bikeways/walkways portion. r; Li ,.., J n Li '1 U .., L1 ., J n I U .., J .., J .., L.J n LJ .., J ""1\ LJ r1 . L.J \ I U .., d ~. tJ :"'1 i L.J .., J CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 9 INITIATION The project was initiated by the petition of Ashford Development Corporation, Inc., the owner and developer of the project; and Andover City Council action. FEASIBILITY The project is feasible from a technical standpoint and meets all local, regional and state standards for municipal improvements. The feasibility of the trunk sanitary sewer and watermain is currently be evaluated by others. RIGHT -OF-WA Y/EASEMENTS All right-of-way and easements are proposed to be dedicated as part of the platting process. Additional utility and drainage easements may be required based upon final design. Additional utility and drainage easements may also be required for the trunk water and sewer. This is currently being evaluated by others. PERMITS Permits will be required from the Anoka County Highway Department for work within County Highway right-of-way, the Minnesota Pollution Control Agency (MPCA) and the Metropolitan Council Environmental Services (MCES) for sanitary sewer extensions; from the Minnesota Department of Health for watermain extensions; and from the Coon Creek Watershed District, Department of Natural Resources and/or Corps of Engineers for drainage improvements and work within watershed control of wetland protection areas. r"1 . u '1 , u r"1 J r'l u r"1 I , I ~ 1 u n I U T"'1 I J .., I ~ -, L.J r-, J " u -, LJ " . L.J r"1 L.J r-, L.J ,.. LJ -, u ,., J CHESTERTON COMMONS CITY PROJECT NO, 97-8 UTILITY AND STREET IMPROVEMENTS Page 10 COMPLETION This project is proposed to be completed in 3 phases. During the 1997 construction season (refer to the proposed project schedule, pg. 11), Phase 1 is to be completed. Phase 2 is proposed to be completed in 1998 and Phase 3 is proposed to be completed in 1999. n J ,., J n u n U r-, I U n u n i U ,..., , J ,..., , J ~l , u ,..., J ,.., i L.J ,..., Ll J r-, J J ,.., J r-, J r-, J CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page I I ESTIMATED PROJECT COST Included in this report is a detailed estimate of construction costs for the street and utility improvements. The costs quoted herein are estimates only and are not guaranteed prices. Final contracts will be awarded on a unit price basis. The contractor will be paid only for work completed. The cost estimates are based on 1997 current construction costs. Costs associated with future phases of this development will need to be adjusted for inflation and future City trunk rates. No costs are included for easement or right-of-way acquisition. The estimated costs for Chesterton Commons, City Project No. 97-8 are as follows: Construction Costs ~ 1 Z J Tht!l Sanitary Sewer 193,500.00 256,280.00 80,870,00 530,650.00 Watermain 162,000.00 255,100.00 106,000.00 523,100.00 Storm Sewer 109,000.00 200,000.00 41,300.00 350,300.00 Streets and Restoration 163.000,00 299 300 00 73.150.00 535.450 00 TOTAL ESTIMATED CONSTRUCTION COST 627,500.00 . 1,010,680.00 301,320.00 1,939,500,00 Overhead Costs Engineering 119,000.00 192,000.00 57,000.00 368,000,00 Aerial Mapping (l % of street) 1,630,00 2,990.00 730.00 5,350.00 Drainage Plan (0.3% of street/storm) 820,00 1,500.00 345.00 2,665.00 Administration (3%) 18,800.00 30,300.00 9,000.00 58,100.00 Assessing (1%) 6,270.00 10,100.00 3,000.00 19,370.00 Bonding (0.5%) 3,135.00 5,050.00 1,500.00 9,685.00 City Expenses - Public W orks/Engineering 10,000.00 16,000.00 5,000.00 31,000.00 Testing 9,000,00 14,000.00 4,000.00 27,000.00 Construction Interest 10,000.00 16,264.00 5,000,00 31,264.00 Other 9.595.00 15 000.00 4.821,00 29.416,00 TOTAL PROJECT COST $815,750.00 $1,313,884.00 $391,716.00 2,521,350.00 ,.., L.J r'1 U r'1 u r'1 I U r'1 I U .., u r'1 i u r'1 U r'1 I U ,..., L.J n LJ ,..., L.J .-, u r'1 U .-, u .., u n u r'1 u r'1 L.J CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 12 Phase 1 k J Total City Share Sanitary Sewer $10,000.00 $6,700.00 $1,200.00 $17,900.00 Watermain 17,800.00 10,000.00 -0- 27,800.00 Storm Sewer -0- -0- -0- -0- Streets and Restoration 5.500.00 11.300,00 -0- 16.800 00 TOTAL ESTIMATED CITY SHARE $33,300.00 $28,000.00 $1,200.00 $62,500.00 Overhead Costs (30%) 9.900,00 8.400.00 360.00 18.75000 CITY SHARE TOTAL $43,290.00 $36,400.00 $1,560.00 $81,250.00 Phase 1 k J Th.t!I Hamilton Square Share Watermain $2,300.00 $3,500.00 -0- $5,800.00 Overhead Costs (30%) 690,00 1.050,00 .:Jk 1.74000 HAMIL TON SQUARE TOTAL $2,990,00 $4,550.00 -0- $7,540.00 ,..., tJ ,..., u ,.., I U ,..., u ,..., I U ,..., u ,..., I U .., , u ,..., I U ,..., J ,..., u n I u ,..., L.J ,..., u ,..., u .., u ,..., u ,..., . u ,..., u CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 13 ESTIMATED ASSESSABLE COST The assessments are proposed to be based on a per unit cost for all lateral and trunk benefits. The assessments include the estimated project costs for sanitary sewer, watermain, storm sewer and street construction, plus the following connection and area charges for trunk sanitary sewer and watermain. The trunk charges proposed to be assessed under this project are based on 1997 rates established by the City of Andover. Depending on the actual trunk locations determined by the City, these reported costs may need to be adjusted or modified. Trunk Sanitary Sewer Connection Charge Trunk Watermain Connection Charge Trunk Sanitary Sewer Area Charge Trunk Watermain Area Charge $290.00/unit $1,225.00/unit $1,065.00/acre $1,130.00/acre ,.., u .., L.J ,.., , u CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 14 ,..., L.J n I u " u n J ,..., I u 1 u n , u ,..., I U ., I U n I U ..., I U ,..., I U ., u ,.., u ,..., u ,..., J RATE CALCULATION (Phase 1) 1. Sanitary Sewer Lateral Rate Lateral Benefit = ($193,500.00 - $10,000.00) x 1.3 $ 238,550.00 Lateral Sanitary Sewer Rate = $238,550.00/77 lots $ 3,098.05/unit Watermain Lateral Rate Lateral Benefit = ($162,000.00 - $17,800.00 - $5,800.00) x 1.3 $ 179,920.00 Lateral Watermain Rate = $179,920.00/77 lots $ 2,336.62/unit Storm Sewer Rate Benefit = $109,000.00 x 1.3 $ 141,700.00 Storm Sewer Rate = $141,700.00/7710ts $ 1,840.26/unit Street and Restoration Rate Benefit = ($163,000.00 - $5,500.00) x 1.3 $ 204,750.00 Street & Restoration Rate = $204,750.00/77 lots $ 2,659.09/unit Trunk Sanitary Sewer Area Rate Lateral Trunk Sanitary Sewer Area Rate = $1,065.00/acre x 30 acres/7710ts = $ 414.94/unit Trunk Watermain Area Rate Lateral Trunk Watermain Area Rate = $1,130.00/acre x 30 acres/7710ts = $ 440.26/unit 2. 3. 4. 5. 6. r'1 LJ !"1 , L.J n I U r'1 tJ n u r'1 LJ n I u r'1 , u r'1 i u ,.., I I U n u ,.., I LJ ,.., ; U n u r'1 J ,., i LJ ,..., u ,., U r'1 Ll CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 15 ESTIMATED COST PER LOT (Phase 1) 1. Sanitary Sewer Lateral 2. Watermain Lateral 3. Storm Sewer 4. Street and Restoration 5. 6. Subtotal - Lateral Charges per Lot Sanitary Trunk Connection Charge Watermain Trunk Connection Charge Subtotal - Connection Charges per Lot Trunk Sanitary Sewer Area Rate Trunk Watermain Area Rate Subtotal - Area Rate Charges per Lot Estimated Total of Trunk Area Lateral Assessments $ 3,098.05 $ 2,336.62 $ 1,840.26 $ 2.659,09 $ 9,934.02 $ 290.00 $ 1.225.00 $ 1,515.00 $ 414.94 $ 440.26 $ 885,20 $12,304.22 r; tJ r-, i LJ r; J n LJ r; I LJ n LJ r; J ,.., , LJ ,.., L.J n I LJ r; I L.J n LJ ,..., I U ,.., LJ n I U l"1 LJ r; . LJ .., I LJ r; I L.J CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 16 RATE CALCULATION (Total) 1. Sanitary Sewer Lateral Rate Lateral Benefit = ($530,650.00 - $17,900.00) x 1.3 $ 666,575.00 Lateral Sanitary Sewer Rate = $666,575.00/229 lots $ 2,910.81/unit 2. Watermain Lateral Rate Lateral Benefit = ($523,100.00 - $27,800.00 - $5,800.00) x 1.3 $ 636,350.00 Lateral Watermain Rate = $636,350.00/229 lots $ 2,778.82/unit 3. Storm Sewer Rate Benefit = $350,300.00 x 1.3 $ 455,390.00 Storm Sewer Rate = $455,390.00/229 lots $ 1,988.60/unit 4. Street and Restoration Rate Benefit = ($535,450.00 - $16,800.00) x 1.3 $ 674,245.00 Street & Restoration Rate = $674,245.00/229 lots $ 2,944.30/unit 5. Trunk Sanitary Sewer Area Rate Lateral Trunk Sanitary Sewer Area Rate = $1,065.00/acre x 104 acres/229 lots = $ 483.67/unit 6. Trunk Watermain Area Rate Lateral Trunk Watermain Area Rate = $1,130.00/acre x 104 acres/229 lots = $ 513.l9/unit ,.., o r, , LJ .r, J r"1 Ll ,.., I LJ n I LJ ,.., J n I u r"l L1 " i LJ ,.., U n LJ n L.J n u n u n LJ r, LJ n I LJ n J CHESTERTON COMMONS CITY PROJECT NO, 97-8 UTILITY AND STREET IMPROVEMENTS Page 17 ESTIMATED COST PER LOT (Total) 1. Sanitary Sewer Lateral 2. 3. 4. Watermain Lateral Storm Sewer Street and Restoration 5. 6. Subtotal - Lateral Charges per Lot Sanitary Trunk Connection Charge Watermain Trunk Connection Charge Subtotal - Connection Charges per Lot Trunk Sanitary Sewer Area Rate Trunk Watermain Area Rate Subtotal - Area Rate Charges per Lot Estimated Total of Trunk Area Lateral Assessments $ 2,910.81 $ 2,778.82 $ 1,988.60 $ 2.944.30 $10,622.53 $ 290.00 $ 1.225 00 $ 1,515.00 $ 483.67 $ 513.19 $ 996.86 $13,134.39 "'1 U r-, I L.J CHESTERTON COMMONS CITY PROJECT NO, 97-8 UTILITY AND STREET IMPROVEMENTS Page 18 'l J r-, I U PRELIMINARY PROJECT SCHEDULE I"'l J UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 97-8 CITY OF ANDOVER r-, . r-, J 1. City Council Receives Feasibility Report June 17, 1997 2. City Council Receives Modified Feasibility Report July 15, 1997 3. City Council Waives Public Hearing July 15, 1997 4. City Council Orders Project and Authorizes Engineer to Prepare Plans and Specifications (Phase 1) July 15, 1997 5. Engineer Submits Plans for City Council Approval and Receives Authorization to Advertise for Bids August 5, 1997 6. Advertise in City Official Newspaper and Construction Bulletin August 8, 15, 22, 1997 7. Open Bids August 29, 1997 8. City Council Receives Bids and Awards Contract September 2, 1997 9. Contractor Begins Construction (Phase 1) September 8, 1997 10. Contractor Completes Construction (Phase 1) October 31, 1997 11. Contractor Completes Construction (Phase 2) October 31, 1998 12. Contractor Completes Construction (Phase 3) October 31, 1999 L.J I"'l J r-, I I U I"'l I U " J ,., J r-, J n I L.J NOTE: Project schedule is based on receiving necessary right-of-way, easements and favorable approval of trunk water and sewer extensions. r-, I U r-, u ,.., , t.J I"'l I U r-, J "1 J f1 I U CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 19 fl U PRELIMINARY COST ESTIMATE f1 J UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 97-8 CITY OF ANDOVER fl J SANITARY SEWER - PHASE 1 "'1 J ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT r-, J n I U 1. Mobilization 1 LS $5,000.00 $5,000.00 2. 12" PVC SDR 35 SS 14'-16' 100 LF 25.00 2,500.00 3. 12" PVC SDR 26 SS 16'-18' 100 LF 30.00 3,000.00 4. 12" PVC SDR 26 SS 18'-20' 640 LF 35.00 22,400.00 5. 12" PVC SDR 26 SS 20'-22' 440 LF 40.00 17,600.00 6. 10" PVC SDR 26 SS 16'-18' 100 LF 23,00 2,300.00 7. 10" PVC SDR 26 SS 18'-20' 275 LF 25.00 6,875.00 8. 10" PVC SDR 26 SS 20-'-22' 780 LF 27.00 21,060.00 9. 8" PVC SDR 35 SS 8'-10' 435 LF 15.00 6,525.00 10. 8" PVC SDR 35 SS 10'-12' 225 LF 16,00 3,600.00 II. 8" PVC SDR 35 SS 12'-14' 400 LF 18.00 7,200.00 12. 8" PVC SDR 35 SS 14'-16' 300 LF 20.00 6,000.00 13. 8" PVC SDR 26 SS 16'-18' 195 LF 22.00 4,290.00 14. 8" PVC SDR 26 SS 18'.20' 100 LF 24.00 2,400.00 15. Standard 4' Diameter Manhole 0-10' 15 EA 1,200.00 18,000,00 16. Extra Depth Manhole 99LF 80.00 7,920.00 17. 12" x 4" SDR 35 Wye 20EA 70.00 1,400.00 18. 10" x 4" SDR 35 Wye 22EA 60.00 1,320.00 19. 8" x 4" SDR 35 Wye 35 EA 50.00 1,750.00 20. 4" Vertical Cleanout 77EA 40.00 3,080.00 21. 4" PVC SDR 26 Service Pipe Under 14' 770 LF 6.00 4,620.00 22. 4" PVC SDR 26 Service Pipe 14' & Over 1,925 LF 10.00 19,250.00 23. Granular Foundation Material 1,125 TN 8.00 9,000.00 24. Televise Sanitary Sewer Lines 4,090 LF 0.50 2,045.00 Estimated Construction Cost - Sanitary Sewer - Phase 1 . $179,135.00 . . Contingencies <i:8%) 14,365.00 Total Estimated Construction Cost - Sanitary Sewer - Phase 1 $193,500.00 1'1 J r-, I LJ J ,.., J t' LJ ,.., . L.l ,.., I U r-, , u '1 u ,.., . u r-, . LJ ,..., J f'1 I U f'1 i d 1"1 J 1"1 I U 1"1 I U n J 1"1 I Ll ,., J 1"1 J n J " u 1"1 u 1"1 <-..1 1"1 , LJ Tl LJ l LJ 1"1 LJ f'1 LJ CHESTERTON COMMONS CITY PROJECT NO, 97-8 UTILITY AND STREET IMPROVEMENTS Page 20 CITY SHARE FOR PIPE OVERSIZING: 12" VS 8" @ 14'-16' 100 LF X $4.00/LF 12" VS 8" @ 16'-18' 100 LF x $4.00/LF 12" VS 8" @ 18'-20' 640 LF x $4.00/LF 12" VS 8" @ 20'-22' 440 LF x $4.00/LF 10" VS 8" @ 16'-18' 10" VS 8" @ 18'-20' 10" VS 8" @ 20'-22' Extra Depth Manhole 100 LF x $l.OO/LF 275 LF x $l.OO/LF 780 LF x $l.OO/LF 37 FT x $80.00/FT CITY SHARE - Sanitary Sewer (Phase 1) CONTINGENCIES (:t8%) TOTAL CITY SHARE COST - SANITARY SEWER (PHASE 1) = $400.00 400.00 2,560.00 1,760.00 = = = 100.00 275.00 780.00 2,960.00 $9,235.00 765.00 $10,000.00 ,.., Ll " I L.J CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 21 " J PRELIMINARY COST ESTIMATE J UTILITY AND STREET IMPROVEMENTS . CITY PROJECT NO. 97-8 CITY OF ANDOVER " I U " I L.J SANITARY SEWER - PHASE 2 ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT T'1 J , LJ 1. Mobilization 1 LS $5,000.00 $5,000.00 2. 12" PVC SDR 35 SS 14'.16' 695 LF 25.00 17,375.00 3. 10" PVC SDR 35 SS 8'.10' 60LF 16.00 960.00 4. 10" PVC SDR 35 SS 10'-12' 75 LF 17.00 1,275.00 5. 10" PVC SDR 35 SS 12'.14' 75 LF 19.00 1,425.00 6. 10" PVC SDR 35 SS 14'.16' 995 LF 21.00 20,895.00 7. 10" PVC SDR 26 SS 16'-18' 575 LF 23.00 13,225.00 8. 10" PVC SDR26 SS 18'-20' 100 LF 25.00 2,500.00 9. 8" PVC SDR 35 SS 8'.10' 545 LF 15.00 8,175.00 10. 8" PVC SDR 35 SS 10'.12' 1,300 LF 16.00 20,800.00 11. 8" PVC SDR 35 SS 12'.14' 1,670 LF 18.00 30,060.00 12. 8" PVC 35 SDR SS 14'-16' 675 LF 20.00 13,500.00 13. 8" PVC 26 SDR SS 16'-18' 155 LF 22.00 3,410.00 14. Standard 4' Diameter Manhole 0-10' 26EA 1,200.00 31,200.00 15. Extra Depth Manhole 78 LF 80.00 6,240.00 16. 12" x 4" SDR 35 Wye 5EA 70.00 350.00 17. 10" x 4" SDR 35 Wye 26EA 60.00 1,560.00 18. 8" x 4" SDR 35 Wye 90EA 50.00 4,500.00 19. 4" Vertical Cleanout 121 EA 40.00 4,840.00 20. 4" PVC SDR 26 Service Pipe Under 14' 2,835 LF 6.00 17,010.00 21. 4" PVC SDR 26 Service Pipe 14' & Over 1,400 LF 10.00 14,000.00 22. Granular Foundation Material 1,940 TN 8.00 15,520.00 23. Televise Sanitary Sewer Lines 6,920 LF 0.50 3,460.00 Estimated Construction Cost - Sanitary Sewer - Phase 2 $237,280.00 Contingencies (+8%) ... .. . . . . . 19,000.00 . . . Total Estimated Construction Cost - Sanitary Sewer - Phase 2 . $256,280.00 .., I U r'l i LJ r'1 W ,., : u " I ;.J ,., . .J " I U .., r'l J 1 u ,., u 1 u ,.., LJ 'l u ,.., J ,.., I ~ n . . L.J ,.., , ~ ,.., J 1 .w n i L1 ,., J ,.., u n J .., I L.J n u n , u n u ,., u ,., LJ J CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 22 CITY SHARE FOR PIPE OVERSIZING: 12" VS 8" @ 14'-16' 695 LF X $4.00/LF 10" VS 8" @ 8'-10' 10" VS 8" @ 10'-12' 10" VS 8" @ 12'-14' 10" VS 8" @ 14'-16' 10" VS 8" @ 16'-18' 10" VS 8" @ 18'-20' Extra Depth Manhole 60 LF x $l.OO/LF 75 LF x $l.OO/LF 75 LF x $l.OO/LF 995 LF x $l.OO/LF 575 LF x $l.OO/LF 100 LF x $1.00/LF 19 FT x $80.00/FT CITY SHARE - Sanitary Sewer (Phase 2) CONTINGENCIES (:!:8%) TOTAL CITY SHARE COST - SANITARY SEWER (PHASE 2) = $2,780.00 = 60.00 = 75.00 = 75.00 = 995.00 = 575.00 = 100.00 = 1.520.00 $6,180.00 520 00 $6,700.00 n J n I U n J n I U fl J n J n I W n I J 'l I U 1 u n J " . u n I :..J " u " J " , u " I W " I L.J ,., i W CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 23 PRELI1\fiNARY COST. ESTIMATE '., : ~~'l:ILiI'rANri $TREET.IMPROVEMENTS . :criy P~O.lECr NO. 97~:. :CITY OF ANDOVER . SANITARY SEWER - PHASE 3 ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1. Mobilization . 1 LS $ 5,000.00 $ 5,000.00 2. 10" PVC SDR 35 SS, 8'-10' 510 LF 16.00 8,160.00 3. 10" PVC SDR 35 SS, 10'-12' 620 LF 17.00 10,540.00 4. 8" PVC SDR 35 SS, 8'-10' 1,005 LF 15.00 15,075.00 5. 8" PVC SDR 35 SS, 10'-12' 75LF 16.00 1,200.00 6. Standard 4' Diameter Manhole 0-10' 14EA 1,200.00 16,800.00 7. Extra Depth Manhole 5LF 80.00 400.00 8. 10" x 4" SDR 35 Wye 16EA 60.00 960.00 9. 8" x 4" SDR 35 Wye 15 EA 50.00 750.00 10. 4" Vertical Cleanout 31EA 40.00 1,240.00 11. 4" PVC SDR 26 Service Pipe Under 14' 1,085 LF 8.00 8,680.00 12. Granular Foundation Material 620 TN 8.00 4,960.00 13. Televise Sanitary Sewer Lines 2,210 LF 0.50 1,105.00 ...... EstiJn.atedConstruction Cost.. Sanitary Sewer.. Phase 3 >.' .'. ........ . . .574,870.00 ...... ........ .... ... .,i". Contiligencies(:t8%) .......<..............<i... ..... ..,.... ..../..... ..' . '\ 6,000.00 . .'. ... .... Total Estimate Construction Cost"Sanitary Sewer -Phase 3 ....,....... .. I 580,870.00 CITY SHARE FOR PIPE OVERSIZING: 10" VS 8" @ 8'-10' 510 LF x $1.00ILF 10" VS 8"@ 10'-12' 620 LF x $1.00ILF = $510.00 620.00 = CITY SHARE - Sanitary Sewer (Phase 3) CONTINGENCIES (:t8%) TOTAL CITY SHARE COST - SANITARY SEWER (PHASE 3) $1,130.00 1MQ $1,200.00 f'1 I tJ f'1 ; J f'1 . u f'1 J f'1 i LJ J ,.., J 1 LJ ,.., I U J 1 ..J 'l U n J n I U ,.... u ..., u ,.., J J J CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 24 PRELIMINARY COST ESTIMATE UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 97-8 CITY OF ANDOVER WATERMAIN-PHASE 1 ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1. 6" DIP Class 50 Watermain 150 LF $14.00 $2,100.00 2. 8" DIP Class 50 Watermain 1,385LF 18.00 24,930.00 3. 12" DIP Class 50 Watermain 2,805 LF 24.00 67,320.00 4. 6" MJ Resilient Seat Gate Valve 10EA 400.00 4,000.00 5. 8" MJ Resilient Seat Gate Valve 5EA 500.00 2,500.00 6. 12" MJ Resilient Seat Gate Valve 6EA 800.00 4,800.00 7. 6" MJ Hub Hydrant (9' -0") 10EA 1,200.00 12,000.00 8. MJ DIP Fittings 3,800 LB 1.50 5,700.00 9. 1" Type K Copper Tap Service 2,695 LF 7.00 18,865.00 10. Water Service Groups 77EA 100.00 7,700.00 Estimated Construction Cost - Watermain - Phase 1 . $149,915.00 Contingencies (:t8%) 12,085.00 Total Estimated Construction Cost - Watermain - Phase 1 $162,000.00 CITY SHARE FOR PIPE OVERSIZING: 12" VS 8" 2,450 LF x $6.00ILF 12" VS 8" Valve 6 EA x $300.00/EA = $14,700.00 1.800 00 = CITY SHARE - Watermain (Phase 1) CONTINGENCIES (:t8%) TOTAL CITY SHARE COST - W A TERMAIN (PHASE 1) $16,500,00 1.300 00 $17,800,00 HAMILTON SOUARE SHARE FOR PIPE OVERSIZING: 12" VS 8" 355 LF x $6.00ILF = CONTINGENCIES (:t8%) TOTAL HAMILTON SQUARE SHARE COST - W A TERMAIN (PHASE 1) $2,130.00 170.00 $2,300.00 ,.., , L1 ,.., CHESTERTON COMMONS CITY PROJECT NO, 97-8 UTILITY AND STREET IMPROVEMENTS Page 25 LJ ,.., u PRELIMINARY COST ESTIMATE r1 UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 97-8 CITY OF ANDOVER u " LJ WATERMAIN - PHASE 2 ,.., LJ ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT n I U ,.., I U 1. 6" DIP Class 50 Watermain 225 LF $14.00 $3,150.00 2. 8" DIP Class 50 Watermain 5,800 LF 18.00 104,400,00 3. 12" DIP Class 50 Watermain 1,950 LF 24.00 46,800.00 4. 6" MJ Resilient Seat Gate Valve 15 EA 400.00 6,000.00 5. 8" MJ Resilient Seat Gate Valve 10EA 500.00 5,000.00 6. 12" MJ Resilient Seat Gate Valve 3EA 800.00 2,400.00 7. 6" MJ Hub Hydrant (9' -0") 15 EA 1,200.00 18,000.00 8. MJ DIP Fittings 5,800 LB 1.50 8,700.00 9. 1" Type K Copper Tap Service 4,235 LF 7.00 29,645.00 10. Water Service Groups 121 EA 100.00 12,100.00 Estimated Construction Cost - Watermain - Phase 2 $236,195.00 . Contingencies (:!:8%) . 18,905.00 Total Estimated Construction Cost - Watermain - Phase 2 $255,100.00 r1 u ,.., LJ ,.., ! LJ n L1 CITY SHARE FOR PIPE OVERSIZING: 12" vs 8" 1,400 LF x $6.00/LF 12" vs 8" Valve 3 EA x $300.00/EA = $8,400.00 900.00 ,.., = u ,.., CITY SHARE - Watermain (Phase 2) CONTINGENCIES (:t8%) TOTAL CITY SHARE COST - W A TERMAIN (PHASE 2) $9,300.00 700,00 $10,000.00 LJ ,.., .J HAMILTON SQUARE SHARE FOR PIPE OVERSIZING: 12" vs 8" 550 LF x $6.00/LF = CONTINGENCIES (:t8%) TOTAL HAMILTON SQUARE SHARE COST - WATERMAIN (PHASE 2) $3,300.00 200.00 $3,500.00 n u r1 u r1 u ,.., J r"'1 J r"'1 CHESTERTON COMMONS CITY PROJECT NO, 97-8 UTILITY AND STREET IMPROVEMENTS Page 16 , L.J , u r"'1 PRELIMINARY COST ESTIMATE ,.., LJ UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 97-8 CITY OF ANDOVER ,.., ..J WATERMAIN - PHASE 3 ,.., ..J ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT ,.., I U r"'1 I U 1. 6" DIP Class 50 Watermain 75 LF $14.00 $ 1,050.00 2. 8" DIP Class 50 Watermain 2,050 LF 18.00 36,900.00 3. 8" MJ Resilient Seat Gate Valve w/Manhole 1 EA 5,000.00 5,000.00 4. 6" MJ Resilient Seat Gate Valve SEA 400.00 2,000.00 5. 8" DIP Restrained Joint Watermain 200 LF 150.00 30,000.00 6. 8" MJ Resilient Seat Gate Valve 6EA 500.00 3,000.00 7. 6" MJ Hub Hydrant (9'-0") 5EA 1,200.00 6,000.00 8. MJ DIP Fittings 3,000 LB 1.50 4,500.00 9. 1" Type K Copper Tap Service 1,020 LF 7.00 7,140.00 10. Water Service Groups 31 EA 100.00 3,100.00 Estimated Construction Cost - Watermain - Phase 3 . . $98,690.00 . Contingencies (:t8%) 7,310.00 Total Estimated Construction Cost - Watermain - Phase 3 . $106,000.00 ,.., L.J "'1 LJ ,.., i L.J n I L.J "l u ,.., I L.J ,.., LJ ..., L.J n I L.J ,..., L.J n J ,., L.J ,., CHESTERTON COMMONS CITY PROJECT NO, 97-8 UTILITY AND STREET IMPROVEMENTS Page 27 L.J ,., J PRELIMINARY COST ESTIMATE ,., u UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 97-8 CITY OF ANDOVER r1 LJ STORM SEWER - PHASE 1 ,., u ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT ,., i L.J u 1. 18" CMP Storm Sewer 100 LF $22.00 $2,200.00 2. 15" RCP Class 5 Storm Sewer 825 LF 22.00 18,150.00 3. 18" RCP Class 5 Storm Sewer 295 LF 24.00 7,080,00 4. 24" RCP Class 5 Storm Sewer 830 LF 30.00 24,900.00 5. 30" RCP Class 5 Storm Sewer 30LF 36.00 1,080.00 6. 36" RCP Class 5 Storm Sewer 410 LF 42.00 17,220.00 7. 18" CM Safety Apron and Grate 2EA 450.00 900.00 8. 15" RC Flared End Section wrrG 3EA 600.00 1,800.00 9. 18" RC Flared End Section wrrG 2EA 700.00 1,400.00 10. 36" RC Flared End Section wrrG 1 EA 1,300.00 1,300.00 11. 4' Diameter, Cone Type Catch Basin 0-8' 8EA 1,000.00 8,000.00 12. 4' Diameter, Catch Basin Manhole 0-8' 6EA 1,000.00 6,000.00 13. 4' Diameter, Storm Sewer Manhole 0-8' 5EA 1,200.00 6,000.00 14. 4' Diameter Skimmer Manhole 0-8' 2EA 1,500.00 3,000.00 15. Erosion Control at Catch Basin 14EA 50.00 700.00 16. Silt Fence- 600 LF 2.00 1,200.00 Estimated Construction Cost - Storm Sewer - Phase 1 $100,930.00 Contingencies (:t8%) . . 8,070.00 Total Estimated Construction Cost - Storm Sewer - Phase 1 . $109,000.00 ,., L.J '1 L.J ,., i L.J ,., I U ..., , LJ ,., f'1 I U ,., I L.J ..., u ,., , LJ ,., L.J n J I c r"1 LJ ..., , CHESTERTON COMMONS CITY PROJECT NO, 97-8 UTILITY AND STREET IMPROVEMENTS Page 28 LJ ,..., I U PRELIMINARY COST ESTIMATE n u UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 97-8 CITY OF ANDOVER n LJ n LJ STORM SEWER - PHASE 2 ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT ,., j LJ n u 1. 15" RCP Class 5 Storm Sewer 645 LF $22.00 $14,190,00 2. 18" RCP Class 5 Storm Sewer 530 LF 24.00 12,720.00 3. 24" RCP Class 5 Storm Sewer 975 LF 30.00 29,250.00 4. 30" RCP Class 5 Storm Sewer 460 LF 36.00 16,560.00 5. 36" RCP Class 5 Storm Sewer 1,320 LF 42.00 55,440,00 6. 15" RC Flared End Section w/TG 3 EA 600.00 1,800,00 7. 18" RC Flared End Section w/TG 3EA 700.00 2,100.00 8. 24" RC Flared End Section w/TG 3 EA 900.00 2,700.00 9. 30" RC Flared End Section w/TG 2EA 1,100.00 2,200.00 10. 36" RC Flared End Section w/TG 1 EA 1,300.00 1,300.00 11. 4' Diameter, Cone Type Catch Basin 0-8' 12 EA 1,000.00 12,000.00 12. 4' Diameter, Catch Basin Manhole 0-8' 17 EA 1,000.00 17,000.00 13. 4' Diameter Storm Sewer Manhole 0-8' 8EA 1,200.00 9,600.00 14. 4' Diameter Skimmer Manhole 0-8' 3EA 1,500.00 4,500.00 15. Erosion Control at Catch Basin 29EA 50.00 1,450.00 16. Silt Fence 1,200 LF 2.00 2,400.00 . Estimated Construction Cost - Storm Sewer - Phase 2 $185,210.00 Contingencies (+8%) . 14,790.00 .. Total Estimated Construction Cost - Storm Sewer - Phase 2 $200,000.00 ..., , L.J ,., LJ ..., I L.J ,., I U n I U ..., . L.J ,.., i LJ " u ,., u ..., u n ..J ,., u .., , CHESTERTON COMMONS CITY PROJECT NO, 97-8 UTILITY AND STREET IMPROVEMENTS Page 29 L1 n J PRELIMINARY COST ESTIMATE n I L.J UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 97-8 CITY OF ANDOVER n U STORM SEWER - PHASE 3 ,., Ll ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT n I LJ ,., I LJ 1. 15" RCP Class 5 Storm Sewer 615 LF $22.00 $13,530.00 2. 18" RCP Class 5 Storm Sewer 30LF 24.00 720.00 3. 24" RCP Class 5 Storm Sewer 30LF 30.00 900.00 4. 15" RC Flared End Section wrrG 9EA 600.00 5,400.00 5. 18" RC Flared End Section wrrG 2EA 700.00 1,400.00 6. 24" RC Flared End Section wrrG 2EA 900.00 1,800.00 7. 4' Diameter, Cone Type Catch Basin 0-8' 3EA 1,000.00 3,000,00 8. 4' Diameter, Catch Basin Manhole 0-8' 3EA 1,000.00 3,000.00 9. 4' Diameter Skimmer Manhole 0-8' 4EA 1,500.00 6,000.00 10. Erosion Control at Catch Basin 6EA 50.00 300.00 II. Silt Fence 1,100 LF 2.00 2,200,00 . Estimated Construction Cost - Storm Sewer - Phase 3 $38,250.00 Contingencies (+8%) . 3,050.00 . Total Estimated Construction Cost - Storm Sewer - Phase 3 $41,300.00 n u ,., , LJ n J " J n L..J n LJ n , L..J " LJ ,., u " J n I U ,., L1 ~ I tJ CHESTERTON COMMONS CITY PROJECT NO, 97-8 UTILITY AND STREET IMPROVEMENTS Page 30 ,., I LJ PRELIMINARY COST ESTIMATE ,.., i LJ UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 97-8 CITY OF ANDOVER ,..., LJ ,..., J STREET, BIKEWAYSIWALKWAY AND RESTORATION CONSTRUCTION - PHASE 1 ,..., , ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT LJ ,..., J 1. Clear and Grub 1 LS $2,500.00 $2,500.00 2. Common Excavation 320 CY 4.00 1,280.00 3. Common Embankment 160 CY 2.00 320.00 4. Surmountable Curb and Gutter 7,560 LF 5.50 41,580.00 5. B618 Curb and Gutter 500 LF 7.00 3,500.00 6. Class 5 Aggregate Base 3,650 TN 7.00 25,550.00 7. . Bituminous Mix 2331 Type 41 2,100 TN 26.00 54,600.00 8. Seeding (Mix No. 900) and Mulch 2.6AC 1,000.00 2,600.00 9. Seal Coating 13,900 SY 1.00 13,900.00 10. Topsoil 200 CY 10.00 2,000.00 11. Wood Fiber Blanket 1,000 SY 3.00 3,000.00 Estimated Construction Cost - Street Construction - Phase 1 $150,830.00 Contingencies (.:t8%) 12,170.00 Total Estimated Construction Cost - Street Construction - Phase 1 $163,000.00 ,.., i LJ ,..., u ,.., . LJ ,.., LJ ,..., LJ ,.., CITY SHARE FOR BIKEW A YIW ALKW A Y: (50% CITY) N. of Crosstown Boulevard N.W. $10,250 + 2 = $5,125.00 u ,.., J CITY SHARE - Bikeway/Walkway (Phase 1) CONTINGENCIES (.:t8%) ., TOTAL CITY SHARE COST - BIKEW A Y/W ALKW A Y (PHASE 1) LJ $5,125.00 375.00 $5,500.00 ,., , u n L1 ,., . u ,..., I U ,..., ! U ,..., i L.J ,..., L.J r'1 I U ,..., L1 ,..., I U '1 J n I L.J ,..., LJ ,..., I u ,..., I L.J ,..., L..J ,..., . u ,..., I U ,..., U ,..., L..J ,..., u r'1 J CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 31 PRELIMINARY COST ESTIMATE "..- ...... --..... . . IltniLl~~XAND STREET IMPROVEMENTS. . I 'Cii\': PROJECT 'NO~ 97-8' "" . Cl'ivOF ANDOYER' ., STREET, BIKEWAYIWALKWAY, AND RESTORATION CONSTRUCTION - PHASE 2 ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT l. Common Excavation 620 CY $4.00 $2,480.00 2. Common Embankment 310 CY 2.00 620.00 3. Surmountable Curb and Gutter 13,760 LF 5.50 75,680.00 4. B618 Curb and Gutter 1,100 LF 7.00 7,700.00 5. Class 5 Aggregate Base 6,900 TN 7.00 48,300.00 6. Bituminous Mix 2331 Type 41 4,000 TN 26.00 104,000.00 5. Seeding (Mix No. 900) and Mulch 4.5 AC 1,000.00 4,500.00 6. Seal Coating 26,400 SY 1.00 26,400.00 7. Topsoil 300 CY 10.00 3,000.00 8. Wood Fiber Blanket 1,500 SY 3.00 4,500.00 l. .' Estimated ConstrDctiooCosf.. StreefConstruction..;Phase 2 '. ...... . ... .'. ...... '. .. $277,180.00 ..% CootiDgencies(:t8%) ...........;;.>:',.... ....... . ....... ,. ........ ... " "'22,120.00 .' -' . I" ..., Total Estimated ConstructionCost- Street Construction - Phase 2 ....... $299;300.00 CITY SHARE FOR BIKEW A YIW ALKW A Y: (100% CITY) Park $3,600.00 (50% CITY) E. of Hanson Boulevard $13,800.00 -;- 2 = 6.900 00 CITY SHARE - Bikeway/Walkway (Phase 2) CONTINGENCIES (:t8%) TOTAL CITY SHARE COST - BIKEWAY /W ALKW A Y (PHASE 2) $10,500.00 800.00 $11,300.00 ,., j u ,.., u CHESTERTON COMMONS CITY PROJECT NO. 97-8 UTILITY AND STREET IMPROVEMENTS Page 32 r'1 , u PRELIMINARY COST ESTIMATE ,.., L.J UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 97-8 CITY OF ANDOVER n u ,.., I U STREET, BIKEWAYIWALKWAY, AND RESTORATION CONSTRUCTION - PHASE 3 n I U ITEM NO, DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 u 1. Surmountable Curb and Gutter 3,250 LF $5.50 $17,875.00 2. B618 Curb and Gutter 500 LF 7.00 3,500.00 3. Class 5 Aggregate Base 1,650 TN 7.00 11,550.00 4. Bituminous Mix 2331 Type 41 950 TN 26.00 24,700.00 5. Seeding (Mix No. 900) and Mulch 1.0 AC 1,000.00 1,000.00 6. Seal Coating 6,300 SY 1.00 6,300.00 7. Topsoil 100CY 10.00 1,000.00 8. Wood Fiber Blanket 600 SY 3.00 1,800.00 Estimated Construction Cost - Street Construction - Phase 3 $67,725.00 Contingencies (:t8%) . 5,425.00 Total Estimated Construction Cost - Street Construction - Phase 3 $73,150.00 n I U n I u ,..., , u ,..., i u ,., i..1 ,.., I u ~ LJ 1 L.J ,.., i U ,..., J ,..., J <J.. . :z:. .'" CJ) -....., I- -Ill :!3 z '" , 0 t; ~i~ w ~ :::; ~ S It ~ to ~ . g$rl! 0 J Z ~ ~ >- ",:0", ,.... 2 ,....~:::; 0:: (f) t x ~ <C ~ o if) 0> 0. o:! W 0 4: " - 5: :J: ~ ~ ~ 0 "'/t..... 1-2 0 ~ ~ ~l_N 0 m 0 w :i! :i! !:: ~ 0 0:::0 z I- 0 Vl 0 :ll.UZV) # ;~ - z W::2 I- ~ Cl ~ ~ ~ ~ 0; I >- z <( 0::2 ~ j:!:: ~ w X a: 0:: 0 z ~ 0 ~~Q LL wO (3 CJ) LL <( ~ t;; (I) ~ 0 W :::; w - - :cU a: Cl 0 I- ....J !EBB!E u.. ~I! U o.z>- z I _::EN,.... >-<(1- <( I ~ ~ OO'V ~~() Vl . ~ -- ~~~ :J f= ~ :> - ...N _AlnQ08 NOS"'" - - - 1- - - - - - - - - - - - - - - - ~ ~ 0..... :;i > :Z"'N > I!! 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W06VlI.L a::: 0 W :::; - - 0 ooII lL ~~! IUO::oO I- U Q.z>- (f) zru..... ~q:!:: ~ .. 00",- 8 ~lfll _>-u " _ z~al Uf- N '" ::J i= ::> - 'li'N Clll'lAI'Il108 NOSNYJI .. - - - -- - - - - - - - - - - - - - - - cJ..... :z:....ru -....CO') ~ cn~~ I Z ~ e ~ ~i~ w ~ --t :::; Z U~I ro ~ .7 O+"~ 0 0 "'il'" ,... I O~- ~ ~x I- <0 Z <( UI ~ ..... 0::':; ::> U1a::~ O(f) 0> IL ci I..L- 0 8 - ~ a::: z 0 m f-Z .;;;; LLI :;; ~l- '" 0 d 0::0 o '> :::> 0 f2 ~;~ - z W:2: Zf-b (f) z iii" ~ I f- W C:l ~~ q: f-L ()~Z (f) w Q'P X 0:: ~o W f- .{ :::> ~ 0"- ....""= lL. C3 V> Ll... W ZO: 0 - - W :::; 0 -! w::> lL KI~~ :cU 0::00 z OUl U ILZ - ~~!;t >- q: ~: 2 m ~ Ulfll S ~ () :::> .' w U = ru l- e ~ =-- ::E!!!\:O e "" ::J '" " (D '" i= ::> ;, ./ ....:' " :. ~.. . .'~ : " 'li'N C1lIYAlfIJ108 NOSNYB I I - - - 1- - - - - - - - - - - - - - - - o o LJ J o J o D o n LI o J o U D o o o o McCombs Frank Roos Associates, Inc. Engineers Planners Surveyors Feasibility Report for Hamilton Square City Project No. 97-26 Utility and Street Improvements City of Andover July, 1997 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739, Telephone 612/476-6010, Fax 612/476-8532 M u M LJ McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors ~ u n u July 10, 1997 M U Honorable Mayor and City Council n City of Andover u c/o Mr. Scott Erickson, P .E., City Engineer 1685 Crosstown Boulevard Northwest n Andover, Minnesota 55304 u u SUBJECT: City of Andover Hamilton Square, City Project No. 97-26 Utility and Street Improvements MFRA #11732 .., M u Dear Mayor and Council Members: r'\ u Enclosed is the modified feasibility report for the utility and street improvements in Hamilton Square. This report was ordered by the City Council on June 24,1997. n u The estimated project cost for this project as detailed in the report is $500,370.00 for Phase 1, $147,940.00 for Phase 2, and $648,310.00 total. The project is feasible from a technical and engineering standpoint. 11 LJ n LJ We appre<;iate the opportunity to serve you on this project and are available to meet with the City Council, staff, and other interested parties to review any aspect of this report. n u Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. n 1?Hf ~. L), ~ R. Jeff Elliott, P.E. LJ n RJE:jb Enclosures e:\main:\l1732\feas7-7 LJ r-, tJ r"1 I LJ An Equal Opportunity Employer n u n U ~ u n FEASIBILITY REPORT u n u FOR n HAMILTON SQUARE u CITY PROJECT NO. 97-26 n u n u UTILITY AND STREET IMPROVEMENTS n CITY OF ANDOVER, MINNESOTA u n u n u PREPARED BY: n u McCombs Frank Roos Associates, Inc. 15050-23rd Avenue North Plymouth, Minnesota 55447 (612) 476-6010 n LJ f'1 U July, 1997 ,..., u '"'1 n I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. . 07 /07/97.................................................:!?..~...f.d(......(j;?f.:.€?!:i...............................Minn. Reg. No. 19174 R. Jeff Elliott, P.E. cf () , . u u n J 1'1 t.J .., u Ii U .., LJ n u .., U .., u .., u n u n LJ ,.., u n u n u ,..., u n TABLE OF CONTENTS INTRODUCTION. ",. .".,... "." .,'. ".....,., '" .". ,.",. .", "." "",... "..., ........,... "",., .,.. '" ..,.. ."..,.. ,. '.., ..", .,'.. ,...",., ,.,. ...,.. ."...,... 1 LOCATION (SW1/4 OF Section 23, T32N, R24W),..,.................,..,........,...............,..,............,..,................,.............. 2 IMPROVEMENTS '" ..""., ..""... "...... .,'.., .,., ..,.,...,..." ."",.., .".,.... ."",., ..", ..",..., "",.,'.., ..., ".. ,.., ..........,'.., ...."...,..,...,.., 3 1, SANITARY SEWER ..........,..........,...................,....,............,....,..............................,..................,............,....... 3 2, WATERMAIN .."".. ..,.., ,.... .".."" ...,......,....".."..",."".". .".. ."" ".., ",.,."..."...". .,."...,.. .."... .." .... .,... ,.." ..." ..., ,.4 3, STORM SEWER...".,..."...,........"..,."..."....".."...,.....,.,.....",...,...,......",..............,...,.,..."".."".."..,....,..."".., 5 4, STREETS, BIKEWAYNVALIW>JAYS AND RESTORATION .......................,........,.......,.....,...................................... 6 INITIATION (Petition/Andover City Council Action).................................,................."........,...................................... 7 FEASIBILITY (The Project is Feasible) ................,................,....................................,........,.............,.............,.......... 7 RIGHT-OF-WAY/EASEMENTS (To be Platted).......,..........,.....,..,......,...........,.....................,.............................,...... 7 PERMITS (Anoka County MPCA, MCES, Department of Health, DNR, Corps of Engineers, Coon Creek Watershed District)"...".",....,.......",...."...,............,..."....",."".,..".......,....,...",.".,..""...,..""".",...,..,.......,. " 7 COMPLETION (Phase 1 - 1997, Phase 2 - in future) .........................................,.............,...................,..........,......... 8 ESTIMATED PROJECT COST ($648,310.00 total, $500,370,00 Phase 1 and $147,940,00 Phase 2) .................... 9 ESTIMATED ASSESSABLE COST (Unit Basis)...............,.......,..................,..,....,...................,......,....,..,................ 10 RATE CALCU LA TION."........,..,.....,..."...""..",...""....".,...............,.....,....,...",."".....,...",.......,....",."...."......,........ 11 ESTIMATED COST PER LOT ($172,906,66 Phase 1, $81,675,00 Phase 2)..,.....................,......................,.......... 12 CITY SHARE OF COSTS ..............,....,.........,......................................................,...............,...................................16 PROPOSED PROJECT SCHEDULE (1997 Construction Season for Phase 1, Future Construction Season for Phase 2) ',..".,.."",...",.., ,....,...,.,...,",.,"',.,.,",.,",.,',.."...,.."...,..,..""".,.,..,.....,..",.".,........",.."..",..,.,..,...".. 17 u PRELIMINARY COST ESTIMATE (Sanitary Sewer, Watermain, Storm Sewer, and Street and Restoration)..,..... 17 n L.J n J n I U ,., LJ Tl u n u n u HAMILTON SQUARE CITY PROJECT NO, 97-26 UTILITY AND STREET IMPROVEMENTS .., L..J n , u INTRODUCTION n The purpose of this feasibility report is to present the City of Andover with a preliminary examination of municipal improvements for Hamilton Square. The report discusses the proposed scope of utility and street improvements, preliminary cost estimates, assessment rates, and a project schedule. The developer will grade the site to within 0,2 feet of the designed subgrade elevation prior to utility and street construction. The report was initiated by the Andover City Council on June 24, 1997 and has been prepared in compliance with Minnesota State Statues 429 for projects resulting in special assessments. The costs provided in this report are based on the current Engineering News Record Construction Cost Index of 5,862.91. u n LJ n u n u n u n u This feasibility report is proposed with the understanding that permanent and temporary utility easements will be provided to the City of Andover. n u n u n u n LJ n u .., J n U n L.J ~ w r"1 u n u HAMIL TON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 2 .., LJ LOCATION n u ,., The proposed project covers utility and street improvements in the proposed Hamilton Square development, located in the SW 1/4 of Section 23, T32N, R24W, in the City of Andover, Minnesota. LJ n u ,., A preliminary plat containing 7 commercial lots has been approved for this parcel. The current commercial development plan consists of a medical office building (Block I, Lot I), a post office (Block I, Lot 2), and additional unspecified commercial buildings (within Block 2). u n u ,., The project has been divided into two phases. Phase 1 is being considered as Lots 1 and 2 of Block 1 and all of Block 2 as one lot, a total of3 lots. Phase 2 is being considered as 4 lots in Block 2. u n u ,., The Hamilton Square Plat is bordered by Hanson Boulevard on the west, Chesterton Commons property on the north, Crosstown Boulevard Northwest and unplatted property on the east and south. u n u n u n u n LJ n tJ ,., u n LJ fl LJ r"1 u n u HAMIL TON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 3 n u n IMPROVEMENTS , LJ n 1. Sanitary Sewer u ,., The proposed sanitary sewer collection system for this project will be provided by connecting to the existing 12 inch diameter sanitary sewer located northwest of the intersection of Crosstown Boulevard Northwest and Yellow Pine Street Northwest. n u u n u n It is proposed to extend 8 inch diameter sanitary sewer southwest along the north side of Crosstown Boulevard Northwest to the Bluebird Street Northwest intersection, a distance of about 800 feet. u n U ,., During Phase I, the sewer will be extended within the platted road right-of-way an approximate distance of 500 feet to the intersection of Bluebird Street Northwest and Eagle Street Northwest. During Phase 2, it is then proposed to extend the sanitary sewer south to the end of Eagle Street Northwest, about 350 feet (refer to Exhibit 1). u n U ,., u The commercial lots will be served by 8 inch diameter PVC services, with a 8 inch diameter PVC vertical clean-out located at the right-of-way line. n u The sanitary sewer addressed under this project is proposed to be paid as follows: n u A. The City will pay for 100% of the sanitary drop manhole. n tJ B. The cost of the remainder of the sanitary sewer shall be paid by Hamilton Square. n u n LJ fl LJ n u n u HAMIL TON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 4 n u n u 2. Watermain u Water service will be extended from an existing 8 inch diameter DIP watermain stub located on the north side of the intersection of Crosstown Boulevard Northwest and Bluebird Street Northwest. It is proposed to extend 8 inch diameter DIP watermain as shown on the watermain exhibit (refer to Exhibit 2). The 8 inch diameter water service will be extended northwesterly in the right-of-way of Bluebird Street Northwest during Phase 1 construction. During Phase 2, the 8 inch diameter watermain will extend from the intersection of Bluebird Street Northwest and Eagle Street Northwest, southerly to the cul-de-sac at the end of Eagle Street Northwest. In addition, the watermain will be extended between lots I and 2 of Block I, with lO-inch diameter DIP watermain, to connect the Hamilton Square system with the Chesterton Commons system. The watermain will also be extended from the cul-de-sac between lots 3 and 4 of Block 2 back to the existing watermain stub to provide looping. n u n u .., u n u n u n n u n All watermains on the project will be equipped with the necessary valves and hydrants necessary for proper operation and fire protection. u ,., n All lots will be served by eight-inch DIP water services, with valves located at the right- of-way line. u u n The watermain addressed under this project is proposed to be paid as follows: LJ n U A. Hamilton Square will pay for 100% of the watermain identified as part of this project. n B. Hamilton Square will pay for pipe oversizing for the 900 feet of 12 inch diameter watermain located within the Chesterton Commons development that Hamilton Square is connecting to. u n u 11 LJ ,., L.J u HAMILTON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 5 n .., u n 3. Storm Sewer u .., Surface water within this plat will be controlled with storm sewers and on-site ponding. All storm sewer sizing and catch basin spacing is based on a 10-year design storm frequency. Ponding is based on a 100-year design storm frequency. Emergency overflow will be provided at all low points within the streets to provide overflow protection of structures for runoff events with greater flows than those used for the design of the storm sewer collection system. n LJ n u u n L.J It is proposed to construct catch basins at all low points within the streets throughout the plat and direct most of the runoff to a sedimentation (NURP) pond located on Block I, Lot 3. The proposed system is shown on the storm sewer exhibit (refer to Exhibit 3). Any water leaving the pond will be directed to the pond system in Chesterton Commons, located north of Hamilton Square. Any oversizing of the Chesterton Commons storm system due to this additional flow will be Hamilton Square's responsibility. ,., u n L.J n I U n , U .., LJ All construction adjacent to wetlands will be approved or reviewed by the Corps of Engineers, the Department of Natural Resources and/or the Coon Creek Watershed District. All permits related to total site grading are the responsibility of the developer. n u .., LJ n Ll n u n u ~ L.J ,., U n u n L.J n 4. u n U n l.J n u n U n LJ n u ,., I U n U n U n u ,., LJ n LJ n LJ n U ~ LJ HAMILTON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 6 Streets, Bikeway/Walkways and Restoration Public streets are proposed to be constructed (refer to Exhibit 4) to Andover City Standards which require a 47-foot width (face to face of curb) with concrete curb and gutter. The streets will be constructed to a 9-ton design with 4-inches of bituminous base and wear course, and 12-inches of Class 5 gravel base over an acceptable compacted subgrade. Bikeways/walkways are proposed to have a 10-foot width (County standards). The bikeways/walkways will be constructed with 2-1/2 inches of bituminous wearing course and 4 inches of Class 5 gravel base over an acceptable compacted subgrade. It is assumed that all street areas will be graded to within 0.2 feet of the designed subgrade elevation prior to utility and street construction. The road shall have a 6-inch crown with 0.5% minimum grade and 7% maximum grade. Grades within 30 feet of street intersections shall not exceed 3%. Boulevards are proposed to have a positive 2% grade from the back of curb to a distance of 8 feet behind the back of curb. Beyond 8 feet behind the back of curb, the maximum boulevard slope shall be 4: 1. The bikeway/walkway addressed under this project is proposed to be paid as follows: The City will pay for 50% of the portion of bikeways/walkways to be located between Hanson Boulevard Northwest/Crosstown Boulevard Northwest and the Hamilton Square development. Hamilton Square will pay the other 50% of the bikeways/walkways portion. n u ,.., LJ HAMILTON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 7 r"1 L.J n u INITIATION n u The project was initiated by the Hamiltons, the owner and developer of the project; and Andover City Council action. n u n i FEASIBILITY LJ n The project is feasible from a technical standpoint and meets all local, regional and state standards for municipal improvements. , u ,.., I LJ ~ U RIGHT-OF-WA Y/EASEMENTS n ] U All right-of-way and easements are proposed to be dedicated as part of the platting process. Additional utility and drainage easements may be required for the trunk water and sewer based upon final design. This is currently being evaluated by others. n i LJ n J PERMITS n i U Permits will be required from the Anoka County Highway Department for work within County Highway right-of-way, the Minnesota Pollution Control Agency (MPCA) and the Metropolitan Council Environmental Services (MCES) for sanitary sewer extensions; from the Minnesota Department of Health for watermain extensions; and from the Coon Creek Watershed District, Department of Natural Resources and/or Corps of Engineers for drainage improvements and work within watershed control of wetland protection areas. n u n U 1 u n u ~ LJ n LJ n HAMIL TON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 8 u ,.., LJ COMPLETION n U This project is proposed to be completed in 2 phases. During the 1997 construction season (refer to the proposed project schedule, pg. II), Phase I is to be completed. Phase 2 is proposed to be completed in the future. n u n LJ ,.., u n LJ 'l u ,.., u n u n u n I U ,...., I U n I U n LJ n u n , LJ .., LJ ,.., J n HAMIL TON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 9 u n , u n LJ ESTIMATED PROJECT COST n u Included in this report is a detailed estimate of construction costs for the street and utility improvements. The costs quoted herein are estimates only and are not guaranteed prices. Final contracts will be awarded on a unit price basis. The contractor will be paid only for work completed. The cost estimates are based on 1997 current construction costs. Costs associated with future phases of this development will need to be adjusted for inflation and future City trunk rates. No costs are included for easement or right-of-way acquisition. n , LJ n LJ .., i U 'l u The estimated costs for Hamilton Square, City Project No. 97-26 are as follows: Estimated Construction Costs Phase 1 Phase 2 Th1a.I Sanitary Sewer $45,500.00 $16,000.00 $61,500.00 Watermain 42,700.00 30,100.00 72,800.00 Storm Sewer 174,400.00 23,700.00 198,100.00 Streets and Restoration 122.300.00 44.000.00 166.300.00 TOTAL ESTIMATED CONSTRUCTION COST $384,900.00 $113,800.00 $498,700.00 Overhead Costs Phase 1 Phase 2 Th1a.I Engineering 73,100.00 21,600.00 94,700.00 Aerial Mapping (1% of street) 1,220.00 440.00 1,660.00 Drainage Plan (0.3% of street/storm) 890.00 200.00 1,090.00 Administration (3%) 11,500.00 3,400.00 14,900.00 Assessing (1 %) 3,850.00 1,140.00 4,990.00 Bonding (0.5%) 1,925.00 570.00 2,495.00 City Expenses - Public W orks/Engineering 6,500.00 2,000.00 8,500.00 Testing 4,000.00 1,500.00 5,500.00 Construction Interest 6,000.00 1,500.00 7,500.00 Other 6.485.00 1. 790 00 8.275.00 TOTAL OVERHEAD COSTS $115,470.00 $34,140.00 $149,610.00 TOTAL PROJECT COSTS $500,370.00 $147,940.00 $648,310.00 ,., I U n u n U n , u .., u n i U ,., u n u n i U .., u n J n I U HAMIL TON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 10 n I W ESTIMATED ASSESSABLE COST n u n i U The assessments are proposed to be based on a per unit cost for all lateral and trunk benefits. The assessments include the estimated project costs for sanitary sewer, watermain, storm sewer and street construction, plus the following area charges for trunk sanitary sewer and watermain. The sanitary sewer and watermain connection charges will be determined and collected at the time of building permit application. The connection charges current at the time of the application will be applied. The trunk charges proposed to be assessed under this project are based on 1997 rates established by the City of Andover and the feasibility report for City Project No. 97-8, Chesterton Commons. Depending on the actual trunk locations determined by the City, these reported costs may need to be adjusted or modified. n I U n J n I U n u n LJ Trunk Sanitary Sewer Connection Charge Trunk Watermain Connection Charge Trunk Sanitary Sewer Area Charge Trunk Watermain Area Charge to be determined to be determined n u $1,065.00/acre $1, 130.00/acre ,., u n u ,., ! u ,., u .., LJ ,., I U n I U n , u n J n ! U HAMIL TON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page II n U n LJ RATE CALCULATION (Phase 1) 'l u n ~ n U ,., u n u .., U n I U n J n I U ,., , U ,., u n , u I. Sanitary Sewer Lateral Rate Lateral Benefit = ($45,500.00-$2,300.00) x 1.3 Lateral Sanitary Sewer Rate = $56,160.00/3 lots* $ 56,160.00 $ 18,720.00/lot 2. Watermain Lateral Rate 3. Lateral Benefit = ($42,700.00) x 1.3 Lateral Watermain Rate = $55,510.00/3 lots* Storm Sewer Rate $ 55,510.00 $ 18,503.33/lot 4. Benefit = $174,400.00 x 1.3 Storm Sewer Rate = $226,720.00/3 lots* Street and Restoration Rate $ 226,720.00 $ 75,573.33/lot 5. Benefit = ($122,300.00-$16,400.00) x 1.3 Street & Restoration Rate = $137,670.00/3 lots* Trunk Sanitary Sewer Area Rate Lateral Trunk Sanitary Sewer Area Rate $1,065.00/acre x 16** acres/3Iots* Trunk Watermain Area Rate Lateral Trunk Watermain Area Rate $1,130.00/acre x 16** acres/3Iots* Oversizing Portion of Chesterton Commons City Project No. 97-8 Lateral Watermain Benefit = $7,540.00/3 lots 2,513.33 $ 137,670.00 $ 45,890.00/lot $ 5,680.00/lot 6. $ 6,026.67/lot 7. $ *The three lots for Phase 1 consist of 1.) Block 1, Lot 1; 2.) Block 1, Lot 2; and 3.) Block 2, Lots 1, 2, 3 and 4. **The area calculated consists of aI/lots, except Block 1, Lot 3. n I U n i U n , u n I U r'1 I U HAMILTON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 12 n Ll n U ESTIMATED COST PER LOT (Phase 1) ,.., u n u n , u n , u ,.., u r"1 LJ n u n u ,.., , u n u ,., u n , u n u n , u n J 1. 2. 3. 4. Sanitary Sewer Lateral Watermain Lateral Storm Sewer Street and Restoration 5. 6. Subtotal - Lateral Charges per Lot Sanitary Trunk Connection Charge Watermain Trunk Connection Charge Subtotal - Connection Charges per Lot Trunk Sanitary Sewer Area Rate Trunk Watermain Area Rate Subtotal - Area Rate Charges per Lot Lateral Watermain Benefit 7. Oversizing Portion of Chesterton Commons City Project No. 97-8 Estimated Total of Trunk Area Lateral Assessments without connection charges $ 18,720.00 $ 18,503.33 $ 75,573.33 $ 45.890.00 to be determined to be determined $ 5,680.00 $ 6 026.67 $ 2.513.33 $ 158,686.66 to be determined $ 11,706.67 $ 172,906.66 n I LJ n I LJ HAMIL TON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 13 r, u n U RATE CALCULATION (Phase 2) '1 LJ 1. Sanitary Sewer Lateral Rate Lateral Benefit = ($16,000.00) x 1.3 Lateral Sanitary Sewer Rate = $20,800.00/4 lots* Watermain Lateral Rate $ 20,800.00 $ 5,200.00/lot n J 2. '1 , LJ Lateral Benefit = ($30,100.00) x 1.3 Lateral Watermain Rate = $39,130.00/4 lots* Storm Sewer Rate $ 39,130.00 $ 9,782.50/lot 1 u 3. n u Benefit = $23,700.00 x 1.3 Storm Sewer Rate = $30,810.00/4Iots* 4. Street and Restoration Rate $ 30,810.00 $ 7702.50/lot r"1 Benefit = ($44,000.00) x 1.3 Street & Restoration Rate = $57,200.00/4lots* Trunk Sanitary Sewer Area Rate Lateral Trunk Sanitary Sewer Area Rate $1,065.00/acre x 8** acres/4Iots*-0.25 (5,680.00) 6. Trunk Watermain Area Rate $ 57,200.00 $ 14,300.00/lot L.J n u 5. n u $ 71O.00/lot r'"'l , u Lateral Trunk Watermain Area Rate n $1,130.00/acre x 8** acres/4Iots*-0.25 (6,026.67) $ 753.33/lot u ,., *Thefour lotsfor Phase 2 consist of Block 2. Lots I, 2,3 and 4. "The area calculated consists of all four lots in Block 2. Li n , u n , U ,.., I U n J n J r"1 LJ HAMIL TON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 14 n U n I LJ ESTIMATED COST PER LOT (Phase 2) ~ u J J 1 U r, I U n , LJ n Ll ,.., u ..., , u ,., , u ,., u n U ,., u r'1 I U ,.., J 1. 2. 3. 4. Sanitary Sewer Lateral Watermain Lateral Storm Sewer Street and Restoration Subtotal - Lateral Charges per Lot Sanitary Trunk Connection Charge Watermain Trunk Connection Charge Subtotal - Connection Charges per Lot Trunk Sanitary Sewer Area Rate Trunk Watermain Area Rate Subtotal - Area Rate Charges per Lot Estimated Total of Trunk Area Lateral 5. 6. Assessments without connection charges $ 5,200.00 $ 9,782.50 $ 7,702.50 $ 14.300.00 to be determined to be determined $ 71O.00/lot $ 753 33/lot $ 36,985.00 to be determined $ 1 463 33 $ 38,448.33 r"1 J n LJ HAMILTON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 15 r'l U fl I U ESTIMATED COST PER LOT (Total)* r'l I U Block Lot Phase 1 I 1 172,906.66 2 172,906.66 2 $43,226.67 2 $43,226.67 3 $43,226.67 4 $43,226.67 r'1 J ,.., ] LJ n I U r: , L.J * NOTE: This estimated cost does not include connection charges. n i U n L.J n , L.J r"1 I U ,., , u ,., u r"1 I L.J r"1 I U n I U r"1 J Phase 2 Total I $172,906.66 $172,906.66 $ 81,675.00 $ 81,675.00 $ 81,675.00 $ 82,675.00 $38,448.33 $38,448.33 $38,448.33 $38,448.33 '"1 J ~ ~ HAMIL TON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 16 n ! U r'l U CITY SHARE OF PHASE 1 COST n ] u A. Sanitary Sewer 100% Drop manhole and extra depth = (refer to Cost Estimate) $ 2,300.00 x 1JQ $ 2,990.00 ~ u n J B. Bikes/Walkways 50% of Bikes/Walkway = (refer to cost estimate) $ 16,400.00 x .LJQ $ 21,320.00 n I LJ n L.J n u CITY TOTAL = $ 24,310.00 n. i...J n I LJ ~ I LJ ,., u ~ , LJ n I LJ n u r"( , LJ n I U J n LJ HAMIL TON SQUARE CITY PROJECT NO. 97-26 UTILITY AND STREET IMPROVEMENTS Page 17 .r"\ U fl LJ PRELIMINARY PROJECT SCHEDULE 1"1 J n UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 97-26 CITY OF ANDOVER , U .., 1. City Council Receives Feasibility Report July 15, 1997 2. City Council Waives Public Hearing July 15, 1997 3. City Council Orders Project and Authorizes Engineer to Prepare Plans and Specifications (Phase 1) July 15, 1997 4. Engineer Submits Plans for City Council Approval and Receives Authorization to Advertise for Bids/Approve Change Order August 5, 1997 5. Contractor Begins Construction (Phase 1) August 15, 1997 6. 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No.: MNB788-1 788-1-5 E40000 AGREEMENT This instrument made and entered into this day of 1997, by and between NORTHERN NATURAL GAS COMPANY, a Delaware corporation (hereinafter referred to as "Northern"), with principal offices at P.O. Box 3330, Omaha, Nebraska 68103, and the CITY OF ANDOVER, a Minnesota municipal corporation (hereinafter referred to as "City"). WITNESSETH THAT: WHEREAS, Northern is the holder of an Easement dated the 13th day of July, 1959, covering the following described premises in Anoka County, Minnesota, to-wit: The Southeast Quarter (SEII4) of Section 26, Township 32 North, Range 24 West which Easement was recorded on the 16'h day of October 1959 as Document No. 203747 in Book 458 of Misc. at Page 324 and was defined by a Modification and Amendment of Easement recorded on September 22, 1994 as Document No. 1136434, and an Easement covering.the following described premises in Anoka County, Minnesota, to-wit: The West Half of the Northeast Quarter (WV,NEY<) and Government Lot I, except all that part of the WV,NEY< and Lot I lying south of the public road and east of the railroad, Section 35, Township 32 North, Range 24 West, which Easement was recorded on the 13'h day of August, 1959, as Document No. 210737 in Book 453 of Misc. at Page 327 and was defined by a Modification and Amendment of Easement Grant recorded on the 25th day of February, 1988, as Document No. 797853 in the Office of the County Recorder for Anoka County, Minnesota (all of the above hereinafter collectively referred to as "Easements"); and WHEREAS, pursuant to the authority contained in said Easements Northern has constructed and currently operates and maintains a 20-inch pipeline along with the right to install additional pipelines and facilities from time to time (hereinafter referred to as "Pipeline Facilities"), across and through the above described premises; and WHEREAS, City is the present Owner of the following described real property, with Pipeline Facilities situated upon the following described land (hereinafter referred to as the "Owned Premises"): Property designated as "I' ARK" according to Crown Pointc plat, filed on July 23, 1996, in Book 53 ofplals, Page 7, as Document No. 1231620 in the Office of the County Recorder in and for Anoka County, Minnesota, being a part of the SEY<, of Section 26; AND ALSO; property designated as "PARK" according to Hills of Bunker Lake 5th Addition plat, filed on June 16, 1994, in Book 48 of plats, Page 17 as Document No. 1121502 in the Office of the County Recorder in and for Anoka County, Minnesota, being a part of the NEY< of Section 35; all in T32N- R24W. WHEREAS, City plans to install or construct a certain asphalt bicycle path (hereinafter referred to as "Encroachment") within the confines of Northern's 66 foot right-of-way width, (hereinafter referred to as "Easement Area") with this written consent; and WHEREAS, City has been advised by Northern that Northern is a natural gas transmission company; that Northern operates a high pressure underground natural gas pipeline through the Owned Premises; and WHEREAS, City has requested permission from Northern to maintain, use, and enjoy the above-described Encroachment Northern's above-mentioned Easement and in close proximity to Northern's Pipeline Facilities; and Line No.: Tract No.: W.O. No.: MNM788-1 788-1-5 E40000 WHEREAS, Northern is willing to grant such permission upon the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions hereinafter set forth, the parties hereto agree as follows: 1. Northern hereby grants permission to City to maintain, operate, and use upon the Owned Premises and in close proximity to Northern's Pipeline Facilities, the said Encroachment, subject to the following conditions: A. That City shall assume all risks for damages, injuries, or loss to either property or persons, which may be incurred by City or its agents, invitees, or licensees present on or in the vicinity of the Easement Area and in any way associated with said Encroachment. B. That the permission granted herein is limited exclusively to the proposed Encroachment upon the Owned Premises within the Easement Area of Northern's Pipeline Facilities; nor shall City alter the grade or permit such alteration anywhere on the land upon which Northern has reserved its easement rights, without the prior express written consent of Northern before such alteration is permitted. C. That City shall at all times conduct all its activities on said Easement Area in such a manner as not to interfere with or impede the operation of Northern's Pipeline Facilities and activities in any manner whatsoever. D. That City shall not plant any trees or shrubs within the confines of Northern's Easement Area without the prior express written consent of Northern. Said trees and shrubs shall not exceed an eventual growth height of six (6) feet. E. That City shall construct and maintain said Encroachment as shown on Exhibit "A" attached hereto and, by this reference, made a part hereof. 2. City agrees to indemnify, protect, and hold Northern, its parent, affiliates, subsidiaries, and their directors, officers, employees, representatives and agents harmless from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage, injury, suit, proceeding, judgment, cost, or expense of whatever kind or nature, including but not limited to reasonable attorneys' fees, arising from or as a result of any incident, act, action, cause of action, negligence, transaction or omission of City or the agents, contractors, invitees or licensees of City in connection with, or incidental to the construction, operation, maintenance or use of the said Encroachment with and upon the Easement Area, or from the operation, maintenance, use or presence of Northern's Pipeline Facilities upon or in the vicinity of the Easement Area except where such loss, cost, liability, or expense was proximately caused solely by the gross negligence of Northern or its employees. It is understood and agreed by the parties that under this Agreement, City shall be jointly and severally liable. 3. all times. City agrees that protection of Northern's Pipeline Facilities will be maintained at 4. Should Northern need to remove any of the City's said Encroachment within its Easement Area in order to construct, maintain, operate, repair, remove, or re-size Northern's existing or additional Pipeline Facilities, City or its respective heirs, successors and assigns shall pay the cost of removing and replacing or reinstalling said Encroachment. In addition, all repair and maintenance work performed by Northern, on its existing or additional Pipeline Facilities located on the Owned Premises, shall be performed in a reasonable and workmanlike manner and Northern shall restore the surface and grade of the Owned Premises where the work is performed, but shall not be liable for loss, damage, or replacement to City's said Encroachment or any associated equipment and facilities that exist within the Easement Area, and in this regard, City hereby releases NQrthern, its employees, agents, officers, and directors from any and all liability for any such loss or damage. 2 Line No.: Tract No.: W.O. No.: MNM86501 865-1-75 S46916 5. The Parties hereto understand that this Agreement in no way constitutes a waiver by Northern of its rights to enjoy its Easement unencumbered by the construction of said Encroachment within Northern's Easement Area. 6. It is expressly agreed to by and between the parties hereto that if City is in violation of any terms or conditions set forth in this Agreement, Northern, at its option, may terminate this Agreement upon ten (10) days' notice to City. In the event of such termination, City shall immediately remove any and all of said Encroachment which may be situated on the Easement Area, or if City fails to remove any and all of said Encroachment, Northern may, at its option, remove said Encroachment at the expense of City and without any liability whatsoever. It is further agreed that the failure by Northern to exercise such option as to any such violation shall not constitute a waivcr of Northern's future right to exercise such option as to the same or any future violation. 7. The provisions of the Easement, and all rights, powers, privileges, duties, obligations, and liabilities created thereby, remain in full force and effect and are not affected hereby except to the extent and in the manner set forth above. 8. The City agrees to indemnify, defend and hold Northern, its parent and affiliated companies, and the directors, officers and employees of any such corporate entities, harmless from and against any liability, damage, claims, loss, cause of action, suit, proceeding, judgment, cost (including the cost or expense of environmental response, removal or remediation activities), fees or expense, including reasonable attorney's fees arising from: (I )City's non-compliance with any laws, regulations and orders applicable to the owncrship or the opcration and maintcnance of the said Encroachment on the Own cd Premises described herein, and (2) any incidents, acts, releases, negligence, transactions or omissions, or conditions on or alTeeting the Easement Arca caused by City that would (i) contribute to or constitute a violation of any local, state or federal environmental rule, regulation, law or judicial order, (ii) result, in whole or in part, in any requirement to clean up or otherwise rcmedy or remcdiate a condition, (iii) give rise to any licn, liability, injunction, order, restriction, claim, expcnse, damage, fine or pcnalty, or (iv) adversely affcct human health or the environment at or near the Easement Area. This instrument and the covenants and agreements herein contained shall extend to and be binding upon the heirs, executors, administrators, suecessors, and assigns of the parties and the benefits of this Agreement shall run with the land. IN WITNESS WHEREOF, the parties have executed this instrument the day and year first above written. "NORTHERN" NORTHERN NATURAL GAS COMPANY "CITY" CITY OF ANDOVER, MINNESOTA By: By: Title: Af!ent & Attornev-in-Fact Title: By: Title: 3 Line No.: Tract No.: W.O. No.: MNM86501 865-1-75 S46916 STATE OF TEXAS ) )SS COUNTY OF HARRIS ) On this _ day of , 1997, before me a Notary Public duly commissioned and qualified in and for said county and state, personally came , the Af!enl and A/lornev-in-Facl of Northern Natural Gas Company, who is personally known to me to be the identical person whose name is affixed to the above instrument in the capacity stated, and he acknowledged the said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said corporation. WITNESS rny hand and official seal at Houston, in said county and state, the date aforesaid. (S E A L) Notary Public My Commission Expires STATE OF ) )SS ) COUNTY OF , 1997, before me a Notary Public duly and for said county and state, personally came , and the and of the City of Andover, a Minnesota municipal corporation, who is personally known to me to be the identical person whose name is affixed to the above instrument in the capacity stated, and he acknowledged the said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said corporation. On this _ day of commissioned and qualified in WITNESS my hand and official seal at date aforesaid. . in said county and state, the (S E A L) Notary Public My Commission Expires This Instrument Drafted By: Right-oC-Way Department Northern Natural Gas Company 1600 Wesl82nd Stree~ Suite 210 Minneapolis, Minnesota 55431 Return This Instrument To: Right-of-Way Department Northern Natural Gas Company 1600 Wesl82nd Stree~ Suite 210 Minneapolis, Minnesota 55431 1:ISHAREDIROWlWOPROJ\46419\ENCROACH.DOC 4 c. c. {Y\;--~. ,II ~ /9 7 Kathy Tingelstad State Representative Minnesota House of Representatives District SOB Anoka County COMMITTEES: ENVIRONMENT AND NATURAL RESOURCES; ENVIRONMENT AND NATURAL RESOURCES FINANCE; HEALTH AND HUMAN SERVICES July 10, 1997 RECEIVED JUL 11 1997 CITY OF ANDOVER Staff and City Council Members City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Dear Staff and City Council Members: On behalf of the citizens of Andover, Blaine, Ham Lake and Ramsey, I would like to thank you for your recent assistance in clean-up and tree-waste hauling after the July 1 st wind storm. The storm was a tragic event which damaged many homes and businesses in our area. Fortunately there were no human losses. However, the loss of thousands oflarge trees will be missed by citizens for years. Many are irreplaceable. You are to be applauded for your efforts to help return our community back to normal after the storm. Again, thank you. Sincerely, ~u~ Kathy Tingelstad State Representative KT/pc n ~~ 13636 Marigold Street NW. Andover, Minnesota 55304 295 State Office Building. 100 Constitution Ave., SI. Paul, Minnesota 55155-1298 FAX (612) 296-3949 TDD (612) 296-9896 (612) 421-2000 (612) 296-5369 S~2 DATE July 15 1997 [[EMS .GIVENTOTHE CITYiCOUNCIL . Planning and Zoning Commission Minutes - June 24, 1997 . Continued City Council Minutes - June 24, 1997 . Economic Development Authority Minutes - June 24, 1997 . Comprehensive Plan Task Force Minutes - June 26, 1997 . Economic Development Authority Minutes - July 1, 1997 . City Council Minutes - July 1, 1997 . Park and Recreation Commission Minutes - July 2, 1997 . Memo from Jean McGann - June 27,1997 . Ord. No. 226 . Ord. No. 228 . Ord. No. 224 . Ord. No. 214A . Ord. No. 44K . Feasibility Report/Hamilton Square . Supplemental Feasibility Report/Chesterton Commons/Hamilton Square Trunk . Supplemental Feasibility Report/Chesterton Commons . Schedule of Bills PLEASE ADDRESS THESE ITEMS A TTHIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. CITY of ANDOVER MEMORANDUM DATE: June 27, 1997 TO: Mayor and Council FROM: Jean McGann, Finance Director RE: Virus in Computer System cc: Several types of computer virus's have been detected within the City's computer system. Staff is requesting all diskettes distributed to outside sources be returned to City Hall. When staff receives the diskettes we will start the "clean-up" process. At some point in the near future the Mayor and Council are requested to bring their laptop computers to City Hall so a virus detector software can be installed. If there are any questions or concerns, please contact Jean McGann, Finance Director at City Hall. Thank you for your cooperation. . . / CITY OF ANDOVER COUNTYOFANOKA 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 Recyclables and/or Junk - / 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 ')unk" 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. ; Awomohile Recvcling Dealer and/or Junk Dealer - shall mean a person who operates an automotive recycling yard and/or junkyard within the City. Automobile Recvcling Yflrd and/or Junkyard - , , , J 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 \v!1ich 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 Screenin'l- 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 (I) 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 of the application date. 2 , 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: 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 recyc1ables 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 \vithin the previous thirty-six (36) months. . i b) A Dealer's Junk Report. which shall be filed with the State each month. 3 10) Section 5. 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. / " 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. 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: I) 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 1 st 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-I, R-2, R-3, R-4, R-5, M-I, 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 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 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: I) 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 I 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 1 st of the licensing year. " , / 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 of law. 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. " .: j 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 of this 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. \Vhen the City Council detem1ines 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: f ", 6 / I) The licensee or any of the employees or agents have concealed the receipt of stolen property or have kno\\ingly 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 ofland 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 ofa 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 . / 7 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 shaH be limited to hazardous materials removal and parts storage. No other expansion or additional uses of any kind are aHowed. 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 shaH 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 shaH be guilty ofa 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 shaH not effect the validity of the remaining portions of this ordinance. Adopted by the City Council of the City of Andover on thisl~ day of Ju 1 v 1997. ATTEST CITY OF ANDOVER L6:.- d.a- Victoria V olk. City Clerk , . ~'. )l/e- : . E. McKelvey. Mayor 8 " c \ , I 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 LOCATION AND SECURITY OF OUTDOOR RESIDENTIAL SWIMMING POOLS, SPAS AND HOT TUBS IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: 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. 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". l&fround Pool- see definition of "swimming pool". SJ211- see definition of "swimming pool". Swimming P..1212l. - 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. Swimmin'{ 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. ., 3 Swimmin'{ Pool Outdoor - is any swimming pool which is not an indoor pool. 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 of land of one (I) 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 off our (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. 2 " { 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. Adopted by the City Council of the City of Andover on this b! day of 1lllx, 1997. ATTEST: CITY OF ANDOVER Uw.- !!LL Victoria V olk, City Clerk , {. Me- . (, . E. McKelvey, Mayo I 3 -' 1 ) ) , , / 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 of the 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 -- '\ 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. 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 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. ,r " I 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 hereofis 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(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 \ I / , / 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 .ls1 day of 1l.lb::, 1997. ATTEST: CITY OF ANDOVER Ii~t;,v d/b Victoria V olk, City Clerk t, t ML,I4~~ a. E. McKelvey, Mayo 3 \ ) 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~, 1997. ATTEST: CITY OF ANDOVER rl;/;;~--. -' d.fL Victoria V olk, City Clerk J. if, JJJ~)(;~~ dE. McKelvey, May / \ J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 44K AN ORDINANCE AMENDING ORDINANCE NO. 44 ADOPTED THE 26TH DA Y 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: 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 bt day of.!.Y..lx, 1997. ATTEST: CITY OF ANDOVER ~,/~' Victoria V olk, City Clerk i~. ~~K~~y:G+:' J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Julv 15. 1997 AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance C\D'("<"' Jean D. McGann I ITEM NO. Schedule of Bills REQUEST: The Andover City Council is requested to approve total claims in the amount of$ 2.705.570.69. BACKGROUND: Claims totaling $ 58.886.13 on disbursement edit list #1 dated 07-08-97 have been issued and released. Claims totaling $ 865.289.56 on disbursement edit list #2 dated 07-15-97 will be issued and released upon Council approval. Debt Service payments totaling $1.781.395.00 due 08-01-97 will be wire transfered on 07-30-97 upon Council approval. A copy of principal and interest payments to be made is attached. Date: 07-15-97 Approved By: "'''' "'" >-: 0'" ~~ o o.u o o ,"0 ,.. HOO UO > ,;,,,, 00 00" 000 ,.,,., "" . .-< .-< "" '" '" o . .-< " '0 . 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U "''"' z ::,::u:::'::UCIlto r.z..~ '" ,. .. 0 ~ "" P:QCl '" "'"' H '" 13"'0",5]"''''1313'' '" U '" N .. r>:1"~:J:~O:E::E ::Err.. ~ '" :i!,:; '" ~0E-o ttl~H~dld'J ~ ~ H 0<( vo:> :E:J: H,", '" ZP::: HU'O ,"" 0 '" '" U '" U ~H~n::..:l~g:g:~~~~eJ '" '" '" ~... " '" "' <5 ~ z "' U '" N~<H~H:E:EN<NH{I) :i! '" :i! Zm '" " 0Q3.UPoE-oI-lI-lp.,:J;UJP:::OO '" {.'l H..... '" '" "''"' ~ ~ '"' ~ ~ '" '" '" u..... ......U"lCOCOOt""O"lO'l........NMM ~ ~ " ",... ONCJ'\ON""'o:t'moaoaa 0 "' 0 "'0 '" '" ....NM""'''''''''''''''''''''lJ''l\D\D[''-cn .. '" '" '" .. August Debt Service Payments I Bond Payments to be wired to the following: Due Date: 8/01/97 Payee Bond Name Principal Interest Total Amount = First Trust GO Impro. Refunding Bond 1986C 210,000.00 44,117.50 254,117.50 GO Impro. Bond Series 1989A 300,000.00 50,250.00 350,250.00 GO Impro. Bond Series 1993A 365,000.00 54,932.50 419,932.50 GO State Aid Street Bond -1988B 50,000.00 3,387.50 53,387.50 GO Impro. Bond Series 1994C 27,323.75 27,323.75 GO Impro. Bond Series 1995A 60,221.25 60,221.25 GO Impro. Refunding Bond -1995B 190,000.00 14,866.25 204,866.25 GO Equip. Cer!. of Indebt. - 1995C 10,131.25 10,131.25 GO Tax Increment Bond -1993B 50,000.00 8,157.50 58,157.50 GO Tax Increment Bond -1995D 149,025.00 149,025.00 GO Tax Increment Bond -1996 40,000.00 52,125.00 92,125.00 GO Impro. Bond Series 1996 50,000.00 13,622.50 63,622.50 TOTAL 1,255,000.00 488,160.00 $ 1,743,160.00 Norwest Banks GO Impro. Bond Series 1978 1,200.00 $ 1,200.00 I Firstar Bank Cer!. of Indebt. - 1992 36,000.00 1,035.00 $ 37,035.00 GRAND TOTAL I 1,291,000.00 490,395.00 $ 1,781,395.00 Page 1 'l :J .., J , ~ .., I :..J SUPPLEMENTAL FEASIBiliTY REPORT J ] TRUNK UTILITY EXTENSIONS TO CHESTERTON COMMONS AND HAMILTON PROPERTY I ;j .., :..J .., J "1 J CITY PROJECT 97-09 CITY OF ANDOVER, MINNESOTA .., I LJ "1 LJ .., I :..J .., ! LJ .., J Revised July 15,1997 April 1 , 1997 Comm. No. 11310 .., I ;..j .., ~ TKDA TOLTZ. KING, DUVALL, ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS. ARCHITECTS. PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101-2140 PHONE:6121292-4400 FAX:6121292-0083 .., , ~ .., I ~ -. -J -. -l TOL TZ, KING, DUVALL, ANDERSON AND ASSOCIATES, iNCORPORATED ENGINEERS-ARCHiTECTS-PLANNERS SAINT PAUL, MINNESOTA ..., -l REVISED JULY 15, 1997 ..., -J -. -J SUPPLEMENTAL FEASIBILITY REPORT FOR TRUNK UTILITY EXTENSIONS TO CHESTERTON COMMONS AND HAMILTON PROPERTY CITY PROJECT 97-09 CITY OF ANDOVER, MINNESOTA COMMISSION NO. 11310 ..., -J -. --1 ..., --1 -. --1 -. ---.J ..., -l ..., ---.J ..., I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. ---.J ..., -J ..., J~"/'?7 ((2~~ Richard M. Odland, P.E. Registration No. 23763 ---.J ..., ---.J ..., ---.J ..., -J -. ---.J 11310 ..., ..J ..., ..J TRUNK UTILITY EXTENSIONS TO CHESTERTON COMMONS AND HAMILTON PROPERTY CITY PROJECT 96-26 ..., ..J ..., ..J Table of Contents -, ..J Introduction ..., ..J Location North 1/2 of the Southwest 1/4 of Section 23, T32W, R24W ..., .J Improvements Sanitary Sewer and Watermain ..., Initiation Council Action .J Feasibility Project is Feasible ..., ..J Right-of-way/Easements Easements Required ..., Permits Anoka County Highway Department MPCA, MeWS, Minnesota Department of Health, Minnesota Department of Natural Resources ..J ..., ...J ..., Completion Date October 31, 1997 .J Estimated Project Costs $237,300.00 ..., ..J Project Schedule ..., Preliminary Cost Estimate .J Location Map ..., ..J ..., ..J ..., ..J ..., .J ..., 1 11310 ..J Paqe 1 1 1 2 2 2 3 3 3 4 5 .., ...J .., ...J FEASIBILITY REPORT TRUNK UTILITY EXTENSION TO CHESTERTON COMMONS AND HAMILTON PROPERTY CITY PROJECT 97-09 .., ...J .., ...J Introduction .., This Supplemental Feasibility Report includes construction costs and expenses for the construction of Trunk Sanitary Sewer and Watermain to the Chesterton Commons Plat. The Sanitary Sewer and Watermain included in this report does not serve the Hamilton Property (PIN 23-32-24-32-0002). . J .., ...J .., This Feasibility Report assumes that permanent and temporary utility easements across PIN 23-32-24-24-0002, PIN 23-32-24-24-0006 and PIN 23-32-24-31-0002 will be obtained by the City of Andover in order to serve the Chesterton Commons plat with sanitary sewer and watermain. The dates shown on the Proposed Project Schedule on page 4 is contingent on the acquisition of these mentioned utility easements. ...J .., ...J .., Location -, The proposed project covers trunk sanitary sewer and trunk watermain located in the North 1/2 of the Southwest 1/4 of Section 23. _ J _J Imorovements -, 1. Sanitary Sewer -1 .., Service to the future Chesterton Commons Plat will be provided by connecting to an existing 12" sanitary sewer stub located along the north side of Crosstown Boulevard NW at Yellow Pine Street NW. It is proposed to extend 12" PVC Sanitary Sewer northeasterly along Crosstown Boulevard NW to the centerline of the proposed Avocet Street NW that is to be built under the Chesterton Commons Project (Phase I) (See the Sanitary Sewer Exhibit).. -1 .., ...J -, ...J Future service to the Hamilton property will be provided by building a manhole over the existing 12" sanitary sewer stub with an 8" diameter opening to the southwest. The existing 12" sanitary sewer located along Yellow Pine Street does have sufficient capacity and depth to serve the Hamilton property. Sanitary Sewer to serve the Hamilton property will be constructed under a separate project. ., ...J -, ...J -, ...J .., ...J -, 1 11310 ...J .., ....J .., ....J 2. Watermain .., ....J .., ....J .., _J Initiation I Water service to the future Chesterton Commons will be provided by connecting to an existing 10" DIP watermain stub located along the north side of Crosstown Boulevard NW at Yellow Pine Street NW. It is proposed to extend 10" DIP Watermain northeasterly along Crosstown Boulevard NW to the proposed Avocet Street NW. The project was initiated by Andover City Council action. ....J -, Feasibilitv ....J .., The project is feasible but the following items need to be addressed prior to ordering plans and specifications: .J -, .J -, _ J I --J -, .J -, .J -, .J 4. I .J 5. 1. Temporary and permanent easements are required (see attached exhibit). 2. The route chosen for the Trunk Sanitary Sewer proposed in this Supplemental Feasibility Report may possibly eliminate area "A" (see attached exhibit) from the area that can be serviced by the existing 12" Sanitary Sewer. The Sanitary Sewer may become too shallow to be able to serve area "A". Area "A" would then not be able to be developed until 18" Trunk Sanitary Sewer is extended northward along Nightengale Street NW. 3. The proposed Sanitary Sewer depths range from twenty feet to twenty- four feet. The limited construction area on this project would most likely require the Contractor to move the excavated soil off-site while constructing the Sanitary Sewer. This extra work will significantly raise the unit price for the Sanitary Sewer pipe. Extensive tree removal will be required within the proposed easement areas. Easement acquisition costs. -, RiClht of Way/Easements . J Permanent and temporary easements will need to be acquired on the following parcels: I .J PIN 23-32-24-31-0002 PIN 23-32-24-24-0002 PIN 23-32-24-24-0006 -, .J , ....J 2 11310 --, ~ .. ~ Permits --, ~ Permits will be required from the Anoka County Highway Department for work within County Highway right-of-way, from the Minnesota Pollution Control Agency (MPCA), the Metropolitan Council Wastewater Services (MCWS) for Sanitary Sewer extensions, from the Minnesota Department of Health for Watermain extensions and from the Minnesota Department of Natural Resource for dewatering. --, ~ --, ~ Completion - ~l ~ Completion date for the project is October 31, 1997. - 1 Estimated Proiect Cost ~ Attached to this report is a detailed estimate of construction costs for the improvements. .. The costs quoted herein are estimated only, based on current construction prices, and ~ are not guaranteed. Final contracts will be awarded on a unit price basis. The contractor will be paid only for work completed. --, ~ Total Estimated Proiect --, Estimated Construction Cost ~ -. Trunk Sanitary Sewer and Restoration Trunk Watermain $161,800.00 24,700.00 $186,500.00 ---1 .. Total Estimated Construction Cost ~ Engineering Administration Bonding City Expenses Testing Construction Interest $37,300.00 5,600.00 900.00 3,500.00 500.00 3.000.00 $237,300.00* --, ~ --, ~ -. Total Estimated Project Cost ~ .. *Easement acquisition and legal costs have not been included in this estimated project _ J cost. -. ~ --, ~ --, 3 11310 ~ .., ...J .., ...J PROPOSED PROJECT SCHEDULE --, Trunk Utility Extensions To Chesterton Commons and Hamilton Property City Project 97-09 City of Andover, Minnesota Commission No. 11310 ...J .., ...J --, ...J .., 1. City Council Receives Feasibility Report July 15, 1997 2. City Council Orders Project and Authorizes Engineering to Prepare Plans and Specifications July 15, 1997 3. Engineer Submits Plans for Council Approval and Receives Authorization to Advertise for Bids August 5, 1997 4. Advertise in Official Newspaper August 15 and August 22, 1997 5. Advertise in Construction Bulletin August 15 and August 22, 1997 6. Open Bids September 10, 1997 7. City Council Receives Bids and Awards Contract September 16, 1997 8. Contractor Begins Construction September 29, 1997 9. Contractor Completes Construction October 31, 1997 ...J --, _ J .., .J --, ...J --, ...J -, --l --, ...J -, ...J --, ...J --, ...J --, .J --, ...J --, ...J --, 4 11310 ...J ..., ...J ..., ...J ..., PRELIMINARY COST ESTIMATE Trunk Utility Extensions To Chesterton Commons and Hamilton Property City Project 97-09 City of Andover, Minnesota Commission No. 11310 ...J ..., ...J ..., _J TRUNK SANITARY SEWER ..., ...J Item No. Description ..., ...J 1 Mobilization 2 Connect to Existing Sewer 3 12" PVC SDR 35 20-24' Sanitary Sewer 4 Standard 4 Dia. Manhole 10' Depth 5 Extra Depth Manhole 6 Outside Drop 7 Trench Stabilization Rock 8 Televising Sanitary Sewer 9 Clear Trees 10 Grub Trees 11 Seeding 12 Topsoil Borrow 13 Sodding 14 Miscellaneous Restoration Subtotal ..., ...J ..., ...J ..., .J -, ...J ..., ..J ..., ...J Contingencies (8%) Unit Quantity Price 1.00 LS $7,500.00 1.00 LS 7,500.00 980.00 LF 95.00 4.00 EA 1,400.00 48.00 LF 80.00 1.00 EA 1,100.00 200.00 LF 4.00 980.00 LF 1.00 85.00 EA 50.00 85.00 EA 50.00 0.75 AC 900.00 600.00 CY 8.00 5,200.00 SY 2.00 1.00 LS 5,000.00 Total Estimated Construction Cost - Trunk Sanitary Sewer ..., ...J ..., ...J ..., .J ..., ...J ..., ...J ..., 5 .J 11310 Amount $7,500.00 7,500.00 93,100.00 5,600.00 3,840.00 1,100.00 800.00 980.00 4,250.00 4,250.00 675.00 4,800.00 10,400.00 5,000.00 $149,795.00 $12,005.00 $161,800.00 ., ~ ., -1 -, PRELIMINARY COST ESTIMATE Trunk Utility Extensions To Chesterton Commons and Hamilton Property City Project 97-09 City of Andover, Minnesota Commission No. 11310 -1 -, ~ -, ~ TRUNK WATERMAIN ~-, Item No. Description ~ -, 1 Connect to Existing Watermain 2 10" DIP Class 50 Watermain 3 6" DIP Class 50 Watermain 4 10" MJ Butterfly Valve 5 6" MJ Gate Valve 6 Hydrant 7 MJ DIP Fittings Subtotal ~ ., -1 , ~ , Contingencies (8%) ~ Unit Quantity Price 1.00 LS $1,000.00 940.00 LF 20.00 5.00 LF 15.00 1.00 EA 800.00 1.00 EA 425.00 1.00 EA 1,200.00 298.00 LB 2.00 Total Estimated Construction Cost - Trunk Watermain , .J , ~ -, -1 ., ~ -, ~ -, ~ -, ~ ., -1 -, 6 -1 Amount $1,000.00 18,800.00 75.00 800.00 425.00 1,200.00 596.00 $22,896.00 $1,804.00 11310 $24,700.00 oooo~ ~Z~ r ....Or:t:i o oo::s~ ~ Z:l~ ~ ~OO e . ~ to> r:t:i 0 O..J ~ ;;; ~ m Z r^~.< ~ (/) V~ a:: I- .... 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