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Home My WebLink AboutCC October 3, 1995 CITY of ANDOVER Regular City Council Meeting - ~ctober 3, 1995 Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Assessment Hearing/93-5jWinslow Hills 3rd Addition 2. Consider Ordinance 10 Amendments/Par~ Dedication Fees 3. Special Use Permit/Liquor License/G-Wi11 Liquors 4. Special Use Permit/Hope Lutheran Church . 5. Special Use Permit/Area I.D. Signs/Foxberry Farms 6. EAW/Shadowbrook 7. Receive Report(s)/Citizens Advisory ~ask Force/City Hall 8. Approve Revised Law Enforcement Contract 9. Non-Union Step Compensation Program/1996 10. Secretary B Proposal 11. Computer Update EDA Meeting 12. Approve Purchase of M.R. Olson Property 13. Approve Purchase of Andover Auto Parts Non-Discussion Items 14. Declare Cost/Order Assessment Roll/94-6/Hartfiel's Estates 15. Set Hearing for Proposed Assessment Ro11/94-6 16. Declare Cost/Order Assessment Roll/94-3/140th Lane 17. Set Hearing for Proposed Assessment Roll/94-3 18. Approve Supplemental Feasibility Report/94-33/Commercial Blvd. Extension 19. Declare Cost/Order Assessment Roll/93-10/SuperAmerica 20. Set Hearing for Proposed Assessment Roll/93-10 21. Declare Cost/Order Assessment Roll/94-5/SuperAmerica 22. Set Hearing for Proposed Assessment Roll/94-5 23. Declare Cost/Order Assessment Roll/94-18/Section 22 24. Set Hearing for Proposed Assessment Roll/94-18 25. Approve Change Order #!jWell #5/94-32 26. Approve Final Payment/94-32jWell #5 27. Transfer Funds/General Fund to Park ~edication Fund 28. Reject Quotes/93-7/City Hall Park Co~plex #2/Fencing 29. Authorize purchase/Single Axel Dump Truck 30. Authorize Purchase/Tandem Dump Truck 31. Authorize Purchase/Base Radio & Ante3na/Public Works .32. Repair of Breathing Air Compressor/Fire Station #1 . 33. Solicit Quotes/Commercial Blvd. Right-of-way P1at/94-33 34. Release Letter of Credit/Hills of Bu~ker Lake 3rd & 4th 35. Approve Sale/Lot 2, Block 3, Andover Commercial Park Mayor-Council Input Aa~roval of Claims A ]ournment CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA t-O. SECllON ORIGINATING DEPARTMENT APPROVED FOR AGENDA Approval of Minutes ITEM t-O. city Clerk Approval of Minutes V. Volk ~.~- \},~ The City Council is requested to approve the following minutes: September 19, 1995 September 19, 1995 September 19, 1995 Regular Meeting Special Meeting Special Closed Meeting , ) , I ) MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION October 3, 1995 DATE AGENDA t-n SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item ITEM t-n Assessment Hearing/93-5jWins1ow Hills 3rd Addition Scott,Eric~son,A~ Eng~neer~ng q! BY: /. The City Council is requested to hold a public hearing and to adopt the assessment role for Project 93-5, sanitary sewer, watermain, street, storm sewer and appurtenances for Winslow Hills 3rd Addition. The City Council did hold a public hearing for this project at the June 20, 1995 Council meeting and did adopt the assessment rolls at that time. Since that public hearing we have noted that the public hearing notice was posted for ten (10) days, not fourteen (14) as required. In order to comply with the 429 assessment process, we have renotified the proper individuals and i have posted the public hearing notice for the necessary fourteen (14) days. As previously noted, Mr. Holasek is contesting the storm water trunk assessment of $.04/sq. ft. for this project. As an attempt to address Mr. Holasek's concerns regarding the stormwater, the following options have been identified and discussed with him: 1. Hire a mutually agreed upon third party to review the stormwater concerns of Mr. Holasek with the cost to be shared by the two parties. 2. As Mr. Holasek develops his remaining property, he could look into alternative drainage outlets or construct additional on- site ponding in order to reduce or eliminate the storm trunk fee of $.04/sq. ft. Although we have discussed these alternatives with Mr. Holasek, he has not indicated if he would find them acceptable. MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET, STORM SEWER AND APPURTENANCES PROJECT NO. 93-5 WINSLOW HILLS 3RD ADDITION. WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April, 1996 and shall bear interest at a rate I of 7 percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of October , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION october 3, 1995 DATE AGENDA 1\0. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item ITEM 1\0. Consider Ordinance 10 Amendmentsl Park Dedication Fees Todd J. Haas, Engineerin~-1- BY: J)icL ~. The City Council is requested to consider amendments to Ordinance 10, Section 9.07 in regards to Parks, Playgrounds, Open Space and Public Uses in regards to park dedication fees for lot splits as described in 9.07.10. See attached. This request originally came from the Park and Recreation Commission. Currently the fee is $400.00 in which case most developers or individual property owners that are doing a lot split are paying rather than pay the 10% requirements. \ ) Example: If a property owner has 5 acres and proposes to subdivide into 2.5 acre lots, they would elect to probably pay the $400.00. The disadvantage the park and Recreation Commission is having is that the City may never see the remaining balance because the property may never be split or subdivided if the area does not develop into an urban type setting. For example: wittington Ridge park dedication per lot paid $1,428.57 versus $400.00 for a lot split. Woodland Meadows 2nd Addition park dedication per lot paid $952.94 per lot versus $400.00 for a lot spli t. Attached is the City Attorney's opinion if the City Council were to consider paying fees on a per lot basis. The Planning and zoning Commission at their September 12, 1995 meeting did hold a public hearing. As a result of this meeting, the Commission is recommending that there is no need for a change in Ordinance 10, Section 9.07. / MOTION BY: SECOND BY: :;., ~-t~~: -'::.." G. Access to Thoroughfares. In those instances where a ~(ll;. is adjacent to a limited access highway or other major highw:t, or thoroughfare, no direct vehicular access shall be permittea' from individual lots to such highway. H. Natural Features. In the ,.subdividing of land, regard shall be shown for all natural -features, including tree growth, water courses, historic places and similar amenities of the area, which if preserved will add attractiveness and stability to the area. I. Lot Remnants. area or dimension lots rather than be parcel. Lot remnants which are below minimum lot must be added to adjacent or surrounding allowed to remain as an unusable outlot or 9.07 Parks, Playgrounds, Open Space and Public Uses. 74) (lOA, 9-13~ J 9.07.1 Lands of public Use or Other provisions. Pursuant to M~nnesota Statute, Chapter 462.358, as amended, the City Council of the City of Andover shall require all owners or developers, as a prerequisite to approval of a plat, subdivision or development of land, to convey to the City or dedicate to the public use, for park or playground purposes, a reasonable portion of the area being platted, subdivided or developed as hereinafter specified. Said portion to be approved and acceptable to the City or in lieu thereof, the owners or developers shall, at the option of the City, pay to the City for the use in the acquisition of public ..~ parks, open space and playgrounds, development of existing public ~ park and playground sites, and debt retirement in connection with land previously required for public parks and playgrounds, an equivalent amount in cash based upon the undeveloped land value of that portion of said land that would have otherwise been required to be dedicated. The form of contribution (cash or land) shall be decided by the City based upon need and confor~ance with approved City plans. 9.07.2 Dedicated Land Requirements. Any land to be dedicated as a requirement of this section shall be reasonably adaotable for use for active park and recreation purposes and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, tree cover, access and location. 9.07.3 standards for Determination. The Park and Recreation Comm~ssion shall recommend to the City Council adoption of the Comprehensive park Development plan for determining what portion of each such development should reasonably be required to be so conveyed or dedicated. Such Comprehensive Park Development Plan mav take into consideration the zoning classification assiqned to th~ land to be develooed, the oar:icular orceosed use !or suc~ land, amenities to be provided and-factors o~ density and site development as proposed by the owners or developers. The park and Recreation Commission shall further recommend c~anges and 4t amendments to the Comcrehensive park Develoement Plan to reflec~ . cha~ges i~ t~e usage o=-lanc ~hic~ ~ay oc=~=,- c~anges :~ :cn~ng ?age :'7 A / .~ and changes in planning to the development and usages and to classifications and concepts development concepts that relate which the land may be put. 9.07.4 park and Recreation Commission Recommendation. The Park and Recreation Commission shall, in each case, recommend to the ci ty Council the total area ,.and location of 'such land that the Commission feels should be so conveyed or dedicated within the development for park, playground, open space and public use purposes. 9.07.5 Cash contribution in Lieu of Lands. In those instances wnere a cash contribution is to be made by the owners or developers in lieu of a conveyance or dedication of land for park, playground, open space or public use purposes, the park and Recreation Commission shall recommend to the City Council the amount of cash said Commission feels should be so contributed: Such recommendation shall be based on the market value of the undeveloped land that would otherwise have been conveyed or dedicated. 9.07.6 Market value of Lands. "Market value", for the purposes of th~s Ordinance shall be determined as of the time of the final plat without improvements in accordance with the following: owners or A. The Park and Recreation Commission and developers may recommend as to market value. B. The City Council, after reviewing the park and Recreation Commission's recommendation" may agree with the owner or develooer as to the market value. If agreement is not reached in this manner, then the market value shall be determined by an accredited appraiser chosen by the park and Recreation commission, at the exoense of the owner or develooer. Such appraisal shall be accepted by the City council and the owner or developer as being an accurate appraisal of "market value". (lON, 3-07-89) 9.07.7 Density and Open Space Requirements. Land area so conveyed or dedicated for park, open space and playground purposes may not be used by an owner or develooer as an allowance for purposes of calculating the density requirements of the development as set out in the City Zoning ordinance. The land shall be in addition to, (except for 9.07.8), and not in lieu of, open space requirements for planned Unit Developments pursuant to the City zoning Ordinance. 9.07.8 Credit for private Open Space. where private open space for park and recreation purposes is provided in a proposed non- residential development and such space is to be privately owned and maintained by the owner of that 'non-residential development, such areas may be used for credit at the discretion of the city council againsc the requirement of dedication for park anc recreation purposes, provided the City Council finds it is in the public interest to do so and that the following standards are met: Page 18 B. That the private ownership and maintenance of the space is adequately provided for by written agreement; C. That tne private open space is restricted for park and recreation purpose by recorded covenants which run with the land in favor of the owners of the property within the non- residential development and which cannot be eliminated without the consent of the City Council; D. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography,. geology, access and location of the private open space; A. That yards, court are~s, setbacks and open space to be maintained by City Ordinances shall not be the computation of such private open space; ~. That facilities proposed substantial accordance with the element of the Comprehensive City Council and; for the crovisions 'plan, and open space are in of the recreational are approved by the . . That where such credit is granted, the amount of credit shall not exceed one hundred (100%) oercent for the non- residential development of the amount calculated under Section 9.07.10. 9.07.9 park and Recreation Commission Administrative procedures. . The Park and Recreation Commission shall establish such administrative procedures as they may deem necessary and required to implement the provisions of this Ordinance. 9.07.10 Dedicated the City of Andover park, open space percentage of gross Land, Minimum Area. Develooers of land within shall be required to dedicate to the City for and playground purposes as a minimum that land area as set out below: A. Residential Dwellkng Units/Acre (Gross Density) Requirement 0-3 10% Over 3 Add two (2%) percent to dedication requirements for each additional dwelling unit over three (3) units per gross density. 3. Commercial-Industrial (100, 8-07-79) 10% -+ Notwithstanding the =oregoi~g for all subdivisions bv ~etes and bounds descriotion the subdivider or develocer mav elec: to oav in lieu of the"aoove-mentioned park dedication req~irements the.sum of Fou: Hund:ed ($400.001 Dolla:s for each dwelli~g unit that , , ?age :'9 . ~. _"Il'4,~'lof\l":":",1 '!J _ I" . c' ..,1 ,..,' 'v:f~~:-J..~~t_\ ~,,;~~~:. ", / .. could be constructed upon the proposed subdivided property. In the event that developer elects to pay said Four Hundred ($400.00) Dollar charge, the city may collect additional park fees in the event developer re-subdivides the property in the future. Such future park fees shall be based upon the percentage schedule set " out herein; however, developer shall receive a c::edit for the per unit paid previously. (100, 8-07-79; 10Q, 7-03-90) 9.07.11 Metes and Bounds Lot Splits. The Park and Recreation Comm~ssion may recommend cash payment in lieu of park land on metes and bounds lot splits less than t~enty (20 a.) acres in size. The amount shall be determined through the same process o~tlined in Section 9.07.05. (lOP, 12-19-89) SECTION 10. CONSTRUCTION OF IMPROVEMENTS. 10.01 General Conditions. Uoon receipt of preliminary plat approval by the Council and- prior to Council aooroval of the final17lat, the subdivider shall make provision, in- the manner hereinafter set forth, for the installation, at the sole exoense of the subdivider, of such improvements as shall be required by the City, which improvements may include, but are not limited to, streets, sidewalks, public water systems, sanitary sewer systems, surface and storm drainage systems, and public utility services. The installation of said improvements shall be in conformity with aooroved const::uction olans and soecifications and all aoolicable standards and Ordinances. - -- 10.02 Development Contract. ?rior to the installation of any requ~red improvements and prior to approval of the final plat, the subdivider shall enter into a contract with the City which contract shall require the subdivider to construct said imorovements at the sole exoense of the subdivider and in accordance ~ith aooroved construction olans and soecifications and all aoolicable standards and Ordinances. said contract shall provide-for the supervision of construction by the Engineer; and said contract shall require that the City be reimbursed for all costs incurred by the City for engineering and legal fees and other expenses in connection with the making of such improvements. The performance of said contract shall be financially secured by a cash escrow deposit or performance bond as hereinafter set forth. (lOX, 6-6-95) 10.03 Financial Security. The development contract shall require tne subdivider to make a cash escrow deoosit or in lieu thereof to furnish a performance bond in the foliowing amounts and upon the following conditions: (lOX, 6-6-95) A. Escrow Deposit. The subdivider shall deposit with the Treasurer a cash amount equal to one hundred fifty (150%) oercent of the total cost of such imorovements as estimated by ':.\... _; ~, d; ~..., Q.....; ~Q. -d ?""l"" =......, C'''y ~~- ,-"e .:.ng.neer, .nc_u .ng ...ue _s....ma__ ex~e..ses c. .....e .~ ..... engineering and legal fees and other expenses incurred by the City i~ connec~ion ~it~ t~e making 0= such iM?rOVe~ents. (lOA, 9-10-74) B. Performance Bond. In lieu of a cash escro..... de90sit, the subdivide: ~ay ~~:~ish a ;e:~o:~ance bend, wi~~ a c==;ora~e ?age 20 . '. 70DfJ LAW 0FFlCES Of' Burke Ilud Jlllwkius sum: 101 zag COON IOArlCS IOQUI..CVARO COON ftAPI06. MINNESOTA ~3 I"HClNE (8 I 2l7a428Q8 JOHN .... lJURKE W1Ll.JAM Go HAWKINS IlAIlRY .... RClM'ISOH " March 3, 1989 Andover Mayor and City Council Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 Re: Park Dedication Changes Dear Mayor and City Council Members: This letter is written in response to your request for our review and opinion concerning the proposed change to the park dedication requirements wherein fees would be established for cash contributions based upon the number of single family dwelling units that are to be constructed in a subdivision. The authority for the dedication of park land or, in lieu thereof, cash is found at Minnesota Statute 462.358, Subd. 2b. The statute reads as follows: "In addition, the regulations may require that a reason- able portion of any proposed subdivision be dedicated to the public or preserved for public use as parks, play- grounds, trails or open space; provided that (a) the municipality may choose to accept an equivalent amount ill cash from the appl icant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval....n The state statute has been reviewed by the Minnesota Supreme Court in 1976 in a case entitled Collis v. City of Bloomington, 310 Minn. 5, 246 N.W.2d 19. In this decision the Supreme Court upheld the constitutionality of the state statute granting cities the right to require dedication of property or cash contributions and furthermore determined that dedication of 10% of a subdivision for property or parks and playgrounds or con- tribution of the equivalent amount in cash was reasonable and within the scope of the state statute. '- -, Andover Mayor~and Council Members March 3, 1989 Page 2 The proposal by the Park Commission is to impose fees based upon the number of dwelling units in the proposed subdivision ranging from $466 per single family unit to $363 for a mobile home unit. The research provided by the Planning Commission indicates that a number of communities throughout the metropolitan area are now establishing cash contributions for parks based upon single family dwelling units created by the subdivision. The cities surveyed indicate dedication per dwelling unit ranged from $50 to $750. While this is common in the metropolitan area, never- theless I believe it can be argued that the imposition of these amounts are beyond the scope of the enabling legislation which allows municipalities to collect fees for park purposes. The state statute provides that the cash equivalent must be based upon the fair market value of the land no later than at the time of the final plat. The amounts established by dwelling unit bear no relationship to the value of the land that is being developed. Furthermore, the research by the Planning Commission indicates that at least three subdivisions in the urban area had purchase price evaluations of between approximately $2,000 to $3,500 per acre. If we assume 2.314 dwelling units per acre on a residential subdivision in the urban area, we would be col- lecting approximately $1,070 for park dedication fees on land which supposedly had a valuation of $2,000 at the date of final plat approval. This would amount to nearly 50% of the land value at the time of final approval. While that in and of itself may not be deemed an unreasonable portion of the proposed plat, it nevertheless is'substantially greater than the amount approved by the Supreme Court in the Collis decision. I believe if the City Council wishes to consider this type of an approach it should have at least some substantiation for the amount proposed per dwelling unit. This may have to relate to the cost of capital improvements for parks that the City currently is exper ienc ing. " I also see the potential challenge as to the constitutionality of this type of provision based upon a denial of equal protec- ti~n. A. dc'rleloper ;.;ho mu~t contribute cash based uptJn this formula is required to grant to the City considerable more value than an individual who merely gives 10% of his entire plat in land. In summary I cannot guarantee that the amount established by the city method would be free from challenge since park dedication utilizing this method has been untested in court. If the city wishes to utilize this formula, it should make every effort to base their decision upon facts wh ich indicate the reasonableness of these charges as they relate to each specific development under consideration. ~incerely, cl\Lt'e\ William G. Ha~ iRs WGH:mk Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 1995 Page 5 ~, PUBLIC HEARING: SPECIAL USE PERMIT - AREA LD. SIGNS - LOT 8, BLOCK 3, FOXBERRY FARMS CONTRACTOR PROPERTY DEVELOPERS COMPANY " 7:49 p.m. Mr. Carlberg reviewed the Special Use Permit request by Contractor Property Developers to erect an Area Identification sign at 14383 Eagle Street NW, Lot 8, Block 3, Foxberry Farms. The monument will sit on the front portion of the lot on the hill. He noted the applicable ordinances and criteria to be examined. Staff is recommending approval with conditions. The lot number in the first WHEREAS of the prepared Resolution should state "Lot 8, Block 3". A maintenance agreement will be required. There have been no problems with maintenance on other monument signs where such agreements have been required. There is also an agreement with the property owner and the developer to keep the sign up. It is a fairly large parcel, so there are no problems with the buildability of the lot because of the proposed monument. MOTION by Luedtke, Seconded by Jovanovich, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote.~8:00 p.m. Pamela Bach, representinq Contractor Propertv Developer Company - stated they do not have a problem entering into a maintenance agreement with the City. In the declarations of restrictive covenants for Foxberry Farms, there is language for the entrance monument easement area and its maintenance. It names their company responsible for the maintenance for a period of ten years. CJ MOTION by Putnam, Seconded by Luedtke, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. 8:01 p.m. MOTION by Jovanovich, Seconded by Putnam, to forward to the City Council the recommendation for approval of the Special Use Permit for Foxberry Farms sign with the correction of lot and block number in paragraph 2 as stated (Lot 8, Block 3) Motion carried on a 5-Yes, 2-Absent (DOucette, Squires) vote. This will be placed on the October 3, 1995, City Council agenda. 8:02 p.m. + PUBLIC HEARING: FEES AMEND ORDINANCE NO. 10, SECTION 9.07, PARK DEDICATION \. i ~, 8:02 p.m. Mr. Carlberg explained the current fee for a lot split is $400 for each lot on which a new dwelling unit could be constructed. If property is platted, park dedication fees are calculated at 10 percent of the fair market value, which is considerably higher. At the request of the Park and Recreation Commission, the City Council has asked the Planning Commission to look at whether or not the $400 fee for lot splits should be changed. There have been about five or six lots splits each year for the last five years, plus some lot splits done by metes and bounds which are handled in-house by Staff. Staff has not recommended any language change. If the Commission is interested in a change, the item should be tabled and Staff would come back to the next meeting with some recommended language. The purpose of the hearing is to take public testimony to see if there is an interest. Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 1995 Page 6 (Public Hearing: Fees, Continued) Amend Ordinance 10, Section 9.07, Park Dedication " Commissioner Apel stated at first the park fees for lot split~were $50. A few years later it went to $100 and then to $400. He found it hard to believe property values have increased four times since then. Park and Recreation Commissioner Dave O'Toole explained a resident who was platting property into several lots complained about the $10,000 park dedication fee stating if he had been allowed to split it into two lots, he would have paid only $400. The resident felt he was being treated unfairly because he developed rather than split the property. The Park Board is wondering what is the rationale for the $400 fee for lot splits and whether it also should be based on 10 percent of the fair market value of the undeveloped property. He disagreed with Commissioner Apel, thinking land values have increased four times since 1987. Mr. Carlberg stated the park fee for lot splits was increased to $100 and then to $200, now $400 before 1990. l Commissioner Apel explained there is a difference between platting property and an individual landowner doing a lot split. He bought a lot 15 years ago for $12,500. It has not gone up four times since then, as he would not be able to get $50,000 for it now. He also argued that three different appraisers will give three different valuations depending on their point of view. He felt that 10 percent park fees for developers was too high and that the Park Board should not be increasing their revenues from the smaller land owners. A property owner does not have the same opportunity to recover costs as a developer does. He asked that the small property owners be left alone. With only six to eight lot splits a year, he thought this is a tempest in a teapot. Even with a change, it would generate about $2,000 a year, which is not enough to make a big impact on the decision making when it comes to revenue but does hit the pocketbook of the individual considerably. Commissioner Putnam agreed. The developers have more opportunities to recover their costs. He was also concerned with collecting fees a second time if larger platted lots are split. He felt the rationale of large developments impacting the park system requires a larger fee. Six potential households a year is not a big impact and the revenues don't need to be increased that much. Acting Chairperson Peek also thought the present fee makes economic sense. One is dealing with two different economies when platting or doing a lot split. Commissioner Luedtke stated he would not be in favor of changing it. MOTION by Apel, Seconded by Luedtke, to open the public hearing. carried on a 5-Yes, 2-Absent (DOucette, Squires) vote. 8:18 p.m. was no public testimony. Motion There (- MOTION by Apel, Seconded by Jovanovich, to close the public hearing. \' Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. 8:18 p.m. Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 1995 Page 7 (Public Hearing: Fees, Continued) Amend Ordinance 10, Section 9.07, Park Dedication " MOTION by Apel, Seconded by Jovanovich, that we advise the City Council that the Planning and Zoning Commission at this time feels there is no need for a change in Ordinance No. 10, Section 9.07. Motion carried on as-Yes, 2-Absent (Doucette, Squires) vote. This will be on the October 3, 1995, City Council agenda. 8:19 p.m. PUBLIC HEARING: METROPOLITAN URBAN SERVICE AREA 2020 MAP 8:19 p.m. Mr. Carlberg explained another ten years has bee~ added to the MUSA map. In determining the staging, Staff reviewed all requests received from developers over the years. This map is preliminary, as TKDA will be looking at the gross buildable acreage. Staff will be coming back with the specific properties at another hearing. This hearing is to get input from developers. The Council reviewed the map at their September 5 meeting. In addition to the five-year increments, they directed the Commission to determine criteria for staged development within those five-year time periods. He also reported the status of the discussions with the Metropolitan Council Staff on the on-site septic system inspections issue. The City will be participating in a pilot study to find out if there is a problem. c Mr. Carlberg also stated the MUSA area as shown is the extent of the gravity flow available from the Coon Rapids Interceptor. If development were to go beyond that, lift stations would be needed. There is some concern with the depth of the sewer lines for the gravity flow when it comes to maintenance. With lift stations, the lines would be shallower, and it would definitely change the urban development lines. The Council has been discussing externalities, looking at the ultimate development of the City; and those decisions will impact the MUSA line. MOTION by Apel, Seconded by Jovanovich, to open the publiG hearing. Motion carried on as-Yes, 2-Absent (Doucette, Squires) vote. 8:29 p.m. Commissioner Apel did not want to see individual property owners adversely affected with hugh assessments as a result of this plan, particularly those of in larger lots of 2 1/2 and five acres. That has been done in other cities recently and occurred in Watts Garden Acres 12 to 15 years ago where people purchased ten-acre parcels and then were looking at hugh assessments, forcing them to sell or develop. The City gave farmers a break many years ago so they would not be impacted by this. He thought the City and State have completely neglected the impact of sewer and water expansion on those people. Jerrv Windschitl, 3640 l52nd Lane - thought that all of the properties in the 1 and 2 category, to the best of his knowledge, is by written request to the City for service. In most cases the trunk line is sitting on the property, is adjacent to it, or is serviceable by laterals. He agreed that the City should not be forcing someone else out of their homes. However, some of the most vocal people opposed to the sewer extension are now submitting letters asking for the service. CITY OF ANDOVER REQUEST FOR COUNCIL ACllQ~obe r 3, 1995 DATE AGENDA SEcnON t>O. Discussion Item ORIGINATING DEPARTMENT Planning '~ L; David L. Carlberg Planning Director APPROVED FOR AGENDA ITEMSpecial Use Permit t>O. Liquor License 139xx Round Lake Blvd. NW WCR Liquors, Inc. ~ .3 The Andover City Council is asked to rev~ew the request of WCR Liquors, Inc. for a Special Use Permit for a liquor license to allow for the operation of an off-sale l~quor store at the property located at 139xx Round Lake Bou:evard NW, legally described as Lot 1, Block 1, Andover Center Second Addition. The Special Use Permit is being requested to allow G-Will Liquors to construct a new store and move their operation from 14029 Round Lake Boulevard NW. BACKGROUND The Planning and Zoning Commission, at their September 12, 1995 meeting, recommended approval of the Special Use Permit request with conditions. Attached is the staff ~eport and minutes from the Planning and Zoning Commission meeting. Attached is a resolution for Council rev~ew and approval. / MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / RES. NO. R -95 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF WCR LIQUORS, INC. TO OPERATE AN OFF-SALE LIQUOR STORE (G-WILL LIQUOR) LOCATED AT 139XX ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 1, ANDOVER CENTER SECOND ADD:TION. WHEREAS, WCR Liquors, Inc. has requested a Special Use Permit for a liquor license to operate an off-sale liquor store (G-will Liquor) located at 139xx Round Lake Boulevard NW, legally described above; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and I WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to approve the Special Use Permit request of WCR Liquors, Inc. for a liquor license to operate an off-sale liquor store located at 139xx Round Lake Boulevard NW, legally described above with the following conditions: 1. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 2. The Special Use Permit shall be subject to annual review and site inspection. 3. The existing Special Use Permit on the property located at 14029 Round Lake Boulevard shall be revoked by the City Council. 4. The liquor license shall be transferred from 14029 Round Lake Boulevard to said new locatior- per Ordinance No. 56, An Ordinance Licensing & Regulating the Sale and Consumption of Intoxicating Liquor. 5. The Special Use Permit will be effective upon the cancellation of the Special Use Permit at the present location, and that the organization be given 30 days to move the operation from the date of the Certificate of Occupancy issuance, and in no way will any liquor be sold simultaneously from both locations. Adopted by the City Council of the City of Andover on this 3rd day of October, 1995. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 12, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Randy Peek on September 12, 1995, 7:04 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. ~ Commissioners present: Maynard Apel, Bev Jovanovich, Jeffrey Luedtke, Jerry Putnam Catherine Doucette, Jay Squires City Planning Director,'. David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES August 22, 1995: Correct as written. MOTION by Jovanovich, Seconded written. Motion on a 4-Yes, ,Squires) vote. by Luedtke, to approve the Minutes as 1-Present (Peek), 2-Absent (Doucette, ( ~ PUBLIC HEARING: SPECIAL USE PERMIT - LIQUOR LICENSE - G-WILL LIQUOR STORE, 139XX ROUND LAKE BOULEVARD/WCR LIQUORS, INC. 7:05 p.m. Mr. Carlberg reviewed the request of WCR Liquors, Inc., for a Special Use Permit to operate an off-sale liquor store at 139xx Round Lake Boulevard, Lot 1, Block 1, Andover Center Second Addieion. The proposal is to relocate the existing G-Will Liquor store at 14029 Round Lake Boulevard to this location. He reviewed the applicable ordinances and criteria to be examined. If approved, Staff is recommending four conditions to the Resolution. There is a correction in the last criteria of the prepared resolution, as it should state "...per Ordinance No. 56, An Ordinance Licensing and Regulating the Sale and Consumption of Intoxicating Liquor." (, Commissioner Jovanovich asked if a traffic light will be installed there. Mr. Carlberg explained the EDA approved the installation of a traffic light at 139th Avenue and Round lake Boulevard to be paid for by Rademacher and Associates and with TIF funds. At this time, however, the Anoka County Highway Department has denied those signals because it doesn't meet warrants. The county may consider lights there in the future as the area develops further and traffic increases. The lights at 140th will not be changed. / Joseph Nemo, Rademacher Companies, Inc. - explained the lot for the new location is directly south of the existing location. It will be the northern most lot of the newly platted Second Addition, legally described as Lot 1, Block 1. They have been in business since 1982. ~. Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 1995 ,Page 2 (Public Hearing: Special Use Permit - Liquor License - G-Will Liquor Store, 139xx Round Lake Boulevard, WCR Liquors, Continued) Commissioner Luedtke asked if there have been any problems with the existing permit. Mr. Carlberg stated the annual review gives the City and Staff the ability to review and take action if there are problems. He has not seen a problem in the five years he's been with the City. MOTION by Apel, Seconded by Jovanovich, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. 7;14 p.m. ( Mr. Nemo - explained there will be parking in front of the new building. They are in the process of preparing a detailed site plan with their architect. This will be a free-standing building with more square feet than the existing one. The existing building will be retrofitted for other retail uses as a neighborhood center. Mr. Carlberg stated with the new construction, the intent would be to tie that whole pa~king area together. This use is in harmony with the City's Comprehensive Plan. In response to the concern of traffic raised by Commissioner Jovanovich, Mr. Nemo stated they were told once the property is developed, that intersection would meet warrants; but the county won't do anything until the development takes place on the property. .I MOTION by Luedtke, Seconded by Putnam, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. 7:20 p.m. Mr. Carlberg asked the Commission to discuss the timing of the switch from the existing facility to the new one. The Commission asked if 30 days from the issuance of the Certificate of Occupancy is sufficient time to move into the new building. Mr. Nemo - agreed with the Commission's suggestion on a condition of the Resolution that the Special Use Permit on the existing building would be revoked 30 days after the issuance of the Certificate of Occupancy of the new location, and under no circumstances could sales occur at both locations simultaneously. (, MOTION by Apel, Seconded by Jovanovich, that the Andover PlAnning and Zoning Commission forward to the City Council the Resolution approving the Special Use Permit request of WCR Liquors, Inc., as presented by Staff with the corrections that Staff indicated on No.4, to correct Ordinance 8 to Ordinance 56 and strike "Section 56". Add No 5, the Special Use Permit will be effective upon the cancellation of the Special Use Permit at the present location, and that the organization be given 30 days to move their operation from the date of Certificate of Occupancy issuance, and in no way will any liquor be sold simultaneously out of both locations. A public hearing was held and there was no opposition. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) 'vote. This will be placed on the October 3, 1995, City Council agenda. 7:25 p.m. CITY OF ANDOVER / REQUEST F,OR PLANNING COMMISSION ACTION September 12, 1995 AGENDA ITEM 3. Pub. Hearing - SUP Liq. License - 139xx Round Lake Blvd. NW WCR Liquors, Inc. DATE ORIGINATING DEPARTMENT ~ Planning ~ David L. Carlberg BY: Planning Director " APPROVED FOR AGENDA BY: REQUEST The Andover Planning and zoning Commission is asked to review the Special Use Permit requested by WCR Liquors, Inc. for a liquor license to operate an off-sale liquor store on the property located at 139xx Round Lake Boulevard NW (PIN 32-32-24-12-0075), legally described as Lot 1, Block 1, Andover Center Second Addition. The request is to relocate the existing G-Wi11 Liquor store from 14029 Round Lake Boulevard NW to the above stated location. The property is zoned SC, Shopping Center. APPLICABLE ORDINANCES Ordinance No.8, Section 5.03, regulates the Special Use Permit process. Ordinance No.8, Section 7.03, lists the uses allowed by Special Use Permit. In a Shopping Center District, a liquor license is allowed under a Special Use Permit. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. The existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. 3. The effect on the values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan GENERAL REVIEW This item is being requested to relocate the existing G-Will Liquor store. The existing Special Use Permit will be revoked as a part or condition of the approval of this item and the liquor license will be transfered by action of the City Council per Ordinance No. 56. / The applicant will be attending the meeting to answer Commission questions. J Page Two Special Use Permit - Off-sale Liquor 139xx Round Lake Blvd. NW WCR Liquors, Inc. September 12, 1995 COMMISSION OPTIONS 1. The Planning and zoning Commission may approve the Special USe Permit requested by WCR Liquors, Inc. for a liquor license to operate an off-sale liquor store on the property located at 139xx Round Lake Boulevard,NW (PIN 32-32-24-12-0075), legally described as Lot 1, Block 1, Andover Center Second Addition. . The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan. 2. The Planning and zoning Commission may deny the Special Use Permit requested by WCR Liquors, Inc. for a liquor license to operate an off-sale liquor store on the property located at 139xx Round Lake Boulevard NW (PIN 32-32-24-12-0075), legally described as Lot 1, Block 1, Andover Center Second Addition. The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA I RES. NO. R -95 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF WCR LIQUORS, INC. TO OPERATE AN OFF-SALE LIQUOR STORE (G-WILL LIQUOR) LOCATED AT 139XX ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT I, BLOCK I, ANDOVER CENTER SECOND ADDITION. WHEREAS, WCR Liquors, Inc. has requested a Special Use Permit for a liquor license to operate an off-sale liquor store (G-Will Liquor) located at 139xx Round Lake Boulevard NW, legally described above; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, a public hearing was held and there was or was not opposition regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to approve the Special Use Permit request of WCR Liquors, Inc. for a liquor license to operate an off-sale liquor store located at 139xx Round Lake Boulevard NW, legally described above with the following conditions: 1. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 2. The Special Use Permit shall be subject to annual review and site inspection. 3. The existing Special Use Permit on the property located at 14029 Round Lake Boulevard shall be revoked by the City Council. 4. The liquor license shall be transferred from 14029 Round Lake Boulevard to said new location per Ordinance No.8, Section 56, An Ordinance Licensing & Regulating the Sale and Consumption of Intoxicating Liquor. Adopted by the City Council of the City of Andover on this day of , 1995. CITY OF ANDOVER J. E. 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Andover, MN 55304 Re: Application for Special Use Permit - WCR Liquors, Inc. dba G-Will Liquors Ladies & Gentlemen: We are proposing to build a new G-Will Liquors store on the property immediately adjacent to the South of our existing G-Will Liquors store (the new location being legally described as Lot 1, Block 1, Andover Center Second Addition). Accordingly, we are hereby submitting our application for special use permit for that purpose. Address labels for the property owner's within 350 feet of the subject property have been ordered and will be delivered to you shortly. Enclosd is a check drawn on the account of our affiliate corporation WCR Liquors, Inc., in the amount of $215.00, to cover the applicable application fees. Any questions concerning this application may be directed to my attention. Sincerely, JMN/dms Enclosures CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. · ANDOVER, MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT Property Address /3 <J . -- Ilatnd Lake- 73/ v'd IV W. Legal Description of Property: (Fill in whichever is appropriate):. Lot Block Addi tion An~n'7~r r~n~~r ~~~nn~ A~~i~inn PIN 32-32-24-12-0075 Is the property: information must County. ) ----------------------------------------------------------------- Abstract V be provided and (If metes and bounds, the complete legal desc:..ription. ) attach or Torrens ? (This can be obtained from the Re~.son for Request The Applicant is the owner of G-Wi11 Liquors store adjacent to the North of the described lot. Applicant is presently designing, and intends to build a new liquor store on the described lot and wishes to transfer its off-sale liquor license to the new facility upon completion of construction and occupancy. Section of Ordinance 5.D3/703 Current Zoning I - ~hnpr;ng r'.t:)n~o,.. ----------------------------------------------------------------- Name of Applicant WCR Liquors, Inc. Address 6272 Boone Avenue North, Brooklyn Park, MN 55428 (Corporate Office) Home Phone Phone 536-9600 ')( Signature Date dsh..s.- l//t!~ "a;d't!!/AT- / / --------------- ------------------------------------------------- Property Owner (Fee Owner) William C. Rademacher and Karen L. Rademacher (If different from above) Address 5700 Vagabond Lane, Plymouth, MN 55446 H~me Phone ~;;OO, ~~~ Business S1gnature M// f. _ ~ -----"~ Phone 536-9600 Date ~5/9~ / I . _________________________________________________________________ SPECIAL USE PERMIT PAGE 2 , / The following information shall be submitted prior to review by the City of Andover: 1. .A scaled drawing of the property and structures affected . showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial C .$190.O<b Residential $150.00 Amended SUP $50.00 Recording Fee Abstract propertyc[25.~ Torrens property $34.50 Date Paid gj;;/ /q~ Receipt i O~5* dl~ 1- Rev. 5-06-93:d'A 5-04-94:bh 2-0l-95:bh 3-22-95:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. . Parcel Search " -l C C "'C en -l ::0 o c z o ~ ^ m OJ < o N W+E s CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will' hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, September 12, 1995 at the Andover City Hall, 1685 Crosstown Blvd. NW,Andover, MN to review the Special Use Permit request of Rademacher Companies for a liquor license to operate .an off-sale liquor store (G-Will Liquor store) at 139xx Bunker Lake Boulevard NW, legally described as Lot 1, Block 1, Andover Center Second Addition. (Generally located south of the existing G-Will Liquors store). All written and verbal comments will be received at that ~ime and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting., .!~ itb victor1a Volk, City Clerk " publication dates: August 25, 1995 September 1, 1995 PIN: 323224120025 MEZA ROBERT S & DEBORAH L 3516 139TH LN NW ANDOVER MN 55304 , PIN: 323224120026 KIMBALL BEVERLY A 3504 139TH LN NW ANDOVER MN 55304 , , PIN: 323224120027 KLETZIN TIMOTHY & JANELLE 3490 139TH LN NW ANDOVER MN 55304 PIN: 323224120037 KILTS DAVID A & CRISTIE M 3505 139TH AVE NW ANDOVER MN 55304 " PIN: 323224120038 MITIENESS CHRIS W & MARY K 3517 139TH AVE NW AL~DOVER MN 55304 PIN: 323224120039 ROTAR LOUIS & SHERRY LYNN 3529 139TH AV NW ANOKA MN 55304 PIN: 323224120040 NICKEL D G & OSBORNE D M 3543 139TH AVE NW AL~OKA MN 55304 PIN: 323224120042 ZAJAC WILLIAM J & CHRISTINA I 14042 ROSE ST NW ANDOVER MN 55304 PIN: 323224120043 RUNGE DALE E & KATHERINE A 14026 ROSE NW AL~DOVER MN 55304 PIN: 323224120052 BROWN MICHAEL W & MARGARET 3489 139TH LN NW ANOKA MN 55304 .N:323224120053 HAL~SON CLAUDETTE M 13971 SILVEROD NW ANOKA MN 55304 PIN: 323224120054 LANGE STUART C & LYNETTE P 13987 SILVEROD NW ANOKA MN 55304 PIN: 323224120055 MILLER STEVEN M & MARY BETH 14001 SILVEROD NW ANOKA MN 55304 PIN: 323224120056 ESTUM BARTON K & JULIE A 14013 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120057 NELSON JOHN V & LYNN L 14027 SILVEROD NW ANOKA MN 55304 PIN: 323224120058 LOE NORMAN C & LOE MELODY J 14043 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120059 FORTUNA ANTHONY S & MICHELLE M 14059 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120075 RADEMACHER WILLIAL\1 C 6272 BOONE AVE N BROOKLYN PARK MN 55428 PIN: 323224120076 ,ADEMACHER WILLIAM C 6272 BOONE AVE N BROOKLYN PARK MN 55428 PIN: 323224120077 RADEMACHER WILLIAM C 6272 BOONE AVE NO BROOKLYN PARK MN 55428 PIN: 323224120078 RADEMACHER WILLIAM C 6272 BOONE AVE NO BROOKLYN PARK MN 55428 / PIN: 323224120080 GERBER JOAN M 14044 SILVEROD NW ANOKA MN 55304 PIN: 323224120082 WILLADSON LARRY L 14018 SILVEROD NW ANOKA MN 55304 PIN: 323224120084 BERGSAGEL IRVIN E ETAL * 13994 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120086 TELEGA TERRENCE TIMOTHY 13970 SILVEROD NW ANOKA MN 55304 'i: 323224210021 lOMAS PAUL E 3616 l40TH LN NW ANDOVER MN 55304 PIN: 323224210023 MOELLER B S & WAHL S L 14049 UNDERCLlFr ST NW ANDOVER MN 55304 PIN: 323224210026 WARZECKA GEOFFREY A & S K 14015 TULIP NW ANOKA MN 55304 PIN: 323224210028 SCHNEIDER JAMES E & JANELLE R 14003 TULIP ST NW ANDOVER MN 55303 PIN: 323224210030 ,RGES VICTOR F & DIANE K ..j989 TULIP NW ANDOVER MN 55304 PIN: 323224120079 FRAKIE ROY V & JULIE A 14058 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224120081 SCHEMPF JAY C 14030 SILVEROD ST NW ANDOVER MN 55304 " PIN: 323224120083 PEAL JEFFREY A & LYNN M 14006 SILVEROD NW ANOKA MN 55304 PIN: 323224120085 SCHOWALTER DANIEL P 13982 SILVEROD NW ANDOVER MN 55304 PIN: 323224120087 KRAIT LEE ANN M 13958 SILVEROD ST NW ANDOVER MN 55304 PIN: 323224210022 HAGENSON DALE J & BARBARA J 3628 140TH LN NW ANDOVER MN 55304 PIN: 323224210025 BAUMAN KENDRA A 14021 TULIP ST NW ANDOVER MN 55304 PIN: 323224210027 SANDSTROM JOHN D & MARY C 14009 TULIP ST NW ANDOVER MN 55304 PIN: 323224210029 KAWLEWSKI GLEN A & KAREN 13999 TULIP NW ANDOVER MN 55304 PIN: 323224210031 DUEMKE DANIEL R & KELLEY J 13977 TULIP ST NW ANDOVER MN 55304 PIN: 323224210032 HOLLINGSWORTH PAUL D & A M 13967 TULIP NW ANDOVER MN 55304 ./:323224210034 LIDTKE BRADLEY S 3640 139TH LN NW ANDOVER MN 55304 PIN: 323224210038 STADSVOLD KENNETH & DEBORAH 14002 TULIP NW ANOKA MN 55304 PIN: 323224210040 GONSE DONALD W 13980 TULIP NW ANDOVER MN 55304 PIN: 323224210033 DOUGLAS B & S &J 13961 TULIP NW ANDOVER MN 55304 PIN: 323224210037 KOSTUCK DAVID A 14012 TULIP NW ANDOVER MN 55304 PIN: 323224210039 HOSTETLER GARY J & PHYLLIS 13994 TULIP NW ANDOVER MN 55304 PIN: 323224210041 SEWALD RONALD W & LINDA E 3649 139TH LN NW ANOKA MN 55304 ,. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE O~t-nhpr ':! 199'i AGENDA SECTION ORIGINATING DEPARTMENT APPROVED ~ FOR AGENDA Discussion =e ITEM Planning V ~ Special Use Permit Hope Lutheran Church David L. Carlberg Lots 1 & 2, Block 2, Planning Director 4- Timber Meadows III Add. The City Council is requested to review and approve the Special Use Permit requested by tee Hope Lutheran Church to . construct a new church on the proFerty located at 161xx Round Lake Boulevard NW, legally descrited as Lots 1 & 2, Block 2, Timber Meadows Third Addition. BACKGROUND Please consult the attached Staff report and the minutes from the , September 12, 1995, Planning and Zoning Commission meeting. PLANNING AND ZONING COMMISSION RECO~ENDATION The Planning and zoning Commission, at their September 12, 1995 meeting, recommended to the Council approval of the Special Use Permit with conditions. Attached for Council review and adoption is a resolution approving the Special Use Permit. MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -95 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF THE HOPE LUTHERAN CHURCH FOR THE CONS1RUC~ION OF A CHURCH TO BE LOCATED AT 161XX ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOTS 1 & 2, BLOCK 2, TIMBER MEADOWB THIRD ADDITION. WHEREAS, The Hope Lutherar. Church has requested a Special Use Permit to allow for the construction of a church located at 161xx Round Lake Boulevard NW, legally described as Lots 1 & 2, Block 2, Timber Meadows Third Addition; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants cf the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and zon~ng Commission recommends to / the City Council approval of the Epecial Use Permit requested. NOW, THEREFORE, BE IT RESCLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow the Hope Lutheran Church to construct a church on said pro~erty with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection by City Staff. 2. The Special Use Permit will be subject to a one-year sunset clause as defir.ed in Ordinance No.8, Section 5.03(D) unless a one year extension is granted by the City Council. 3. Any expansion of the existing plans must be through an Amended Special Use Permit proceeding. 4. The two parcels or lots shall be replatted as one parcel or lot. 5. The distance from the liquor store does not have a significant impact on wether or not the church or any educational use can be there. Page Two Resolution Hope Lutheran Church October 3, 1995 6. The easements between the two lots shall be vacated per City Ordinances. Adopted by the City Council of the City of Andover on this 3rd day of October, 1995 CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victorla Volk, Clty Clerk Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 1995 ,Page 3 (1) PUBLIC HEARING: SPECIAL USE PERMIT - CONSTRUCTION OF CHURCH, LOTS 1 AND 2, BLOCK 2, TIMBER MEADOWS THIRD ADDITION - HOPE LUTHERAN CHURCH 7:25 p.m. Mr. Carlberg reviewed the request by Hope Lutheran Church for a Special Use Permit to construct a church at l6lxx Round Lake Boulevard NW. Because both parcels will be used, the Commission should discuss whether there should be a replatting of the two parcels into one or whether an agreement of restrictive covenant on the parcels will suffice that the lots would never be sold separately. He reviewed the applicable ordinances and criteria to be examined. Staff is recommending approval with conditions. Mr. Carlberg stated the Council had looked at a PUD request for commercial on that corner, which was denied. The church will not be allowed direct access onto CoRd 9, so access must be on the side streets. Based on the hours of high use at the church, there does not appear to be a conflict of traffic patterns. He did not see a problem using existing neighborhood streets. There are few houses in the Timber Meadows Third Addition, and there are lights at the intersection of l6lst and CoRd 9. ( The Commission raised the question of the distance between the proposed location of the church and the existing liquor store on the northeast corner of the intersection of l6lst and CoRd 9. Mr. Carlberg stated . that will be carefully reviewed prior to the Council meeting. The / ordinance requires a distance of 400 feet from the church sanctuary, and it appears in this instance that the distance exceeds the ordinance requirements. Commissioner Apel suggested the legislation was probably to prevent liquor stores from establishing near churches. In this case it is the church building near an established liquor store. Acting Chairperson Peek asked if the distance does become a problem, is it appropriate to grant a variance. Mr. Carlberg stated the distance is a State law, and he did not know if a variance could be granted. He again noted that will be addressed prior to the Council meeting. Commissioner Jovanovich noted there are a lot of wetlands. Will the church be responsible for their road? She is a member of this church and is familiar with the process to date. Because of that, she will not vote on this item. Mr. Carlberg stated the driveway will be the responsibility of the church. Through the site plan process, the wetlands will be addressed. Wetlands must be delineated and a permit issued from the Watershed. He understands there are no plans for educational facilities. If that is a request in the future, the Special Use Permit would need to be amended. (. MOTION by Luedtke, Seconded by Jovanovich, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (DOucette, Squires) vote. 7:38 p.m. . ~ Lorna Wells, l68th - was concerned with a church on that property. They / have a high tax base, it is a residential area, and a church would . combine two lots into one. The church provides no tax base, meaning they will have to pay more. She's concerned that many churches in the area start day care centers to use their facilities more often and to cover costs, and there could possibly be a school. While she didn't Regular Andover Planning and zoning Commission Meeting Minutes - September 12, 1995 .page 4 J (Public Hearing: Special Use Permit - Construction of a Church - Lots 1 & 2, Block 3, Timber Meadows Third - Hope Lutheran, Continued) object to those things, she felt this is a bad location for it. The traffic on Round Lake Boulevard is high speed, citing an example of going 70 mph and being passed by another car. People do not stop for the lights; it is very dangerous. It is by a liquor store. She felt the church needs to find another location where there is City sewer and water; there cannot be any more traffic in the area. Susan Beal, 3153 164th Avenue - felt this would be a great place for a church and she'd like to see it there. As a residential area, she felt there would be more traffic than as a church which is generally not open every day of the week. She didn't think the church is responsible for the way people drive on Round Lake Boulevard. She'd rather see a church on that corner than two or three houses as long as the driveway doesn't directly access Round Lake Boulevard. ( Russell Holm, 15600 Dakota, Church Buildino Committee - knows about the traffic problem on Round Lake Boulevard. They have looked at all the angles of the driveway access. In talking with Anoka County, they will not be allowed to go out onto Round Lake Boulevard. They are planning on 162nd as the main exit with another one onto 161st. Their concern ,with 161st is the dip in the road west of CoRd 9 that could cause an /accident, but they are still looking at that. They would like to see the two lots combined and the easements between vacated. There are no plans to develop educational facilities other than their Sunday school classes. In the distant future there may be discussions of connecting with Cross of Christ Church, which is an affiliate. Mr. Carlberg explained in recommending approval, the Staff looked at the church as being a buffer between the residential area and the heavy industrial area to the east. There have been complaints to~the north regarding the industrial area, and this would create a nice buffer. MOTION by Luedtke, Seconded by Putnam, to close the public hearing. Motion carried on as-Yes, 2-Absent (Doucette, Squires) vote. 7:44 p.m. Acting Chairperson Peek's only concern is the proximity store and the potential for an educational facility. requirement would have a more significant impact. to the liquor The distance (, / MOTION by Apel, Seconded by Putnam, that this body send the Resolution to the City Council presented by Staff approving the Special Use Permit request of Hope Lutheran Church, with the Resolution as Staff presented it but add No.5, which would apprise people of making sure that the distance from the liquor store does not have a significant impact on whether or not the church or any educational use can be there. Add No. 6, that the easements between the two lots be vacated when they are put together as one parcel. DISCUSSION: Mr. Carlberg pointed out it is standard procedure to vacate easements when going through the replatting process. Motion carried on a 4-Yes, 1-Present (Jovanovich), 2-Absent (Doucette, Squires) vote. This will be placed on the October 3, 1995, City Council agenda. 7:49 p.m. ~ CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE Septpmher 12. 1995 AGENDA ITEM ORIGINATING DEPARTMENT 4. Pub. Hearing - SUP Planning Hope Lutheran Churc Construct Church David L. c~rlberg 161xx R n APPROVED FOR AGENDA BY'~ REQUEST The Andover Planning and zoning Commission is asked to review the Special Use Permit requested by Hope Lutheran Church to construct a church on the property located at 161xx Round Lake Boulevard NW, legally described as Lots 1 & 2, Block 2, Timber Meadows Third Addition. APPLICABLE ORDINANCES Ordinance No.8, Section 5.03, regulates the Special Use Permit process. Ordinance No.8, Section 7.03, lists those uses allowed by Special Use Permit. In an R-1, Single Family Rural District, churches are allowed under a Special Use Permit. / In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3. The effect on the values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. GENERAL REVIEW The Church will be required to submit a Commercial Site Plan Application once the Special Use Permit is approved. Site specific issues will be addressed at that time. Also, it should be noted that Staff did not receive any objections to the location and construction of the church upon mailing public hearing notices to those property owners within 350 feet of the -' property. Page Two SUP - Hope Lutheran Church l6lxx Round Lake Boulevard NW September 12, 1995 COMMISSION OPTIONS 1. The Planning and zoning Commission may approve the Special Use Permit requested by Hope Lutheran Church to construct a church located at l6lxx Round Lake Boulevard NW, legally described as Lots 1 & 2, Block 2, Timber Meadows Third Addition. The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive plan. 2. The Planning and zoning Commission may deny the Special Use Permit requested by Hope Lutheran Church to construct a church located at l6lxx Round Lake Boulevard NW, legally described as Lots 1 & 2, Block 2, Timber Meadows Third Addition. The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item. RECOMMENDATION Staff recommends Option # 1 with the following conditions: 1. The Special use Permit shall be subject to annual review and site inspection by Staff. 2. The Special Use Permit shall be subject to a one year sunset clause as specified in Ordinance No.8, Section 5.03(0) unless a one year extension is granted by the City Council. 3. Any expansion of the existing plans shall be through an Amended Special Use Permit. 4. The applicant shall replat the two parcels into one parcel. j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -95 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF THE HOPE LUTHERAN CHURCH FOR THE CONSTRUCTION OF A CHURCH TO BE LOCATED AT 161XX ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOTS 1 & 2, BLOCK 2, TIMBER MEADOWS THIRD ADDITION. WHEREAS, The Hope Lutheran Church has requested a Special Use Permit to allow for the construction of a church located at 161xx Round Lake Boulevard NW, legally described as Lots 1 & 2, Block 2, Timber Meadows Third Addition; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to allow the Hope Lutheran Church to construct a church on said property with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection by City Staff. 2. The special Use Permit will be subject to a one-year sunset clause as defined in Ordinance No.8, Section 5.03(0) unless a one year extension is granted by the City Council. 3. Any expansion of the existing plans must be through an Amended Special Use Permit proceeding. 4. The two parcels or lots shall be replatted as one parcel or lot. Adopted by the City Council of the City of Andover on this day of , 1995 CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk __ _. 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" . -=.Fi- w"T1M~LE ~Al:I nr~rr$ It SCt:atD ADDITIOIII ., loo; NIGHTINGALE ~- I CST:ATE$. a i ~- . csrpcs ~l~. ..,21 .". , . - . -L _ ___ ~ ."r ! ,~ .,-/ r i i '\ / , ..', - 306 83 39 ,. - - 163rO LANE N.~ -----S'"/ 'j O ~, 'I . I~ + I ' I to __ I; I. I' :\ , ' ~U~ ' , ~-~~? .'1' I . , , ..l~. '" I :> !~ \ ch tN81 !I J - \ \ \ \ !Sln \1 .~ ... ~ J CITY of ANDOVER 1685 CROSSTOWN BOULEVARO N.W. . ANDOVER. MINNESOTA 55304 0 (612) 755-5100 SPECIAL USE PERMIT property Address Ilk' ~ r Ro,^".A L,.,kL ~ w-I U.t..U Legal Description of property: n ~ D (Fill in whichever is approp.riate): Pn'ELIM/JAII,,y (LItr of Lot I + 2. Block 2. Addition VI1&=i HEAOOW5 -r}h~D A/:/). rJlA I .-/ PIN (If metes and bounds, attach the complete legal description.) ~ or Torrens ~? (This can be obtained from the Is the property: Abstract information must be provided and County. ) ;::~::-;::-;:~:::~---~A'--i17~--~~:is~~~;;)--~-~---)i------ LJ6~5f1IP F'ACJLlTV ~R H6PE EVIt-,J66Uc/tL LVV1It;.fA&- CHVR. GH 6r;:- A,JDovE,e. , Section of Ordinance 5. 03, 7.03 Current zoning , R-I ----------------------------------------------------------------- Name of ~licant ~~ ~~ e~~ . Address rh ug 0- :/(.,:;;;: ,/J ~; ~~. h ~ Home Phone - ~. Bus1ness Pone "- Signature p_ ~ Date 'j?=-d-d -57'S Signature .... Property Owner (Fee Owner) (If different from above) {I Address CJ1i; W . ~ ~ Vlv. Home phone Cuvo-fNA- MA/" Business Phone -A.?.,.7 -1'7cl'D Date ~ ,.1-l.-.'1~ --------------------------------------------------- SPECIAL USE PERMIT PAGE 2 / The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet ~f the subject property. Application Fees: Commercial $190.00 Residential CS150.0QJ Amended SUP $50.00 Recording Fee Abstract property~ Torrens property ~ Date Paid 6/,:1.CJ/1s- Receipt # /)~1:'?J'7C~ Rev. 5-06-93:d'A 5-04-94:bh 2-0l-95:bh 3-22-95:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. i CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , I 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 ~an be heard, on Tuesday, September 12, 1995 at the Andover CitY'nall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit ~equest of Hope Lutheran Church to construct a church on the property legally described as Lots 1 & 2, Block 2, Timber Meadows Third Addition. Generally located on the northwest corner of Round Lake Boulevard NW (County Road No.9) and 161st Avenue NW (County Road No. 20). All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. ~tI~ Victoria Volk, City Clerk Publication dates: September 1, 1995. September 8, 1995 PIN: 163224220001 MERTES WILLIAM G & JOAN C 16315 ROUND LK BLVD N ")VER MN 55304 PIN: 163224220023 BEAL MICHAEL L & SUSAN E 3153 164TH AVE NW ANOKA MN 55304 PIN: 163224220032 CLEVELAND DENNIS M & S J 3126 163RD LN NW ANOKA MN 55304 PIN: 163224220033 LEONHARDT MICHAEL J & P K ," 16340 JONQUIL NW ANOKA MN 55304 PIN: 163224220034 MERTES WILLIAM G & JOAN C 16315 ROUND LK BLVD NW ANDOVER MN 55304 PIN: 163224230005 F & M MRKTING & LEASING INC 2201 7TH AVE N ANOKA MN 55303 PIN: 163224230009 LARSON JAMES M 3095 162ND LN NW ANDOVER MN 55304 PIN: 163224230010 KIRK JANET M 6821 INTERLACHEN BLVD EDINA MN 55436 PIN: 163224230018 SEMINA lNC 16191 RD LKBD NW fu~OKA MN 55304 PIN: 163224230019 SEMINA INC 16191 RD LK BD NW ANOKA MN 55304 , J PIN: 163224230020 SEMINA INC 16191 RD LK BD NW ANOKA MN 55304 PIN: 163224230024 JONES DUANE 3138 162ND LN NW ANDOVER MN 55304 PIN: 163224320002 PACKER SHIRLEY A 16029 ROUND LK BD NW ANDOVER MN 55304 PIN: 173224110002 MOE KERRY & CLENDENING JOELLE 16326 ROUND LK BLVD NW ANDOVER MN 55304 PIN: 173224110004 MALSTROM M L & PALMQUIST R 830 W MAIN ST ANOKA MN 55303 PIN: 173224110005 MALSTROM M L & PALMQUIST R 830 W MAIN ST ANOKA MN 55303 PIN: 173224110006 MODEEN DANIEL J & BOERSMA C L 3312 164TH AVE NW ANDOVER MN 55304 PIN: 173224110009 MALSTROM M L & PALMQUIST R 830 W MAIN ST ANOKA MN 55303 ': 173224110010 lVlALSTROM M L & PALMQUIST R 830 W MAIN ST ANOKA MN 55303 PIN: 173224110013 WOODLAND DEVELOPMENT CORP CARLSON LAWRENCE B 830 WEST MAIN STREET ANOKA MN 55303 PIN: 173224110014 FANGER BRIAN J & SUSAN A 3326 163RD LN NW ! ""OVER MN 55304 PIN: 173224110015 MALSTROM M L & PALMQUIST R 830 W MAIN ST ANOKA MN 55303 PIN: 173224120005 BENNETr CORINE 16127 TULIP ST NW ANDOVER MN 55304 PIN: 173224130002 BENNETr.BERNICE J 3425 161ST AVE NW ANDOVER MN 55304 PIN: 173224130003 BENNETr CORINE 16127 TULIP ST NW ANDOVER MN 55304 PIN: 173224140001 WOODLAND DEVELOPMENT CORP CARLSON LAWRENCE B 830 WEST MAIN STREET ANOKA MN 55303 PIN: 173224410012 FIELDS DAVID M 16070 NARCISSUS ST NW ANDOVER MN 55304 PIN: 173224410013 PALLOW MICHAEL R 16071 NARCISSUS NW ANDOVER MN 55304 PIN: 173224410014 PADULA FRANK & JACQUELINE 4550 173RD AVE NW ANDOVER MN 55304 PIN: 173224420006 ABBOTI MICHAEL D 16041 QUAY ST NW ANDOVER MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA SECTION r-o. Discussion Items Special Use Permit Area 1.0. Sign Foxberry Farms ORIGINATING DEPARTMENT Planning ~ David L. carlberg Planning Director APPROVED FOR AGENDA ITEM r-o. BY:; , \ ') 5. REQUEST The City Council is asked to review t~e Special Use Permit request of Contractor Property Developers Ccm?any to construct an "Area Identification" sign on lot 8, Block 3, Foxberry Farms. BACKGROUND For background information please ccnsult the attached staff report presented to the Planning anc ~oning Commission and the minutes from their September 12, 1995 meeting. PLANNING & ZONING COMMISSION REVIEW The Planning and Zoning Commission at their September 12, 1995 meeting, reviewed the request and recJmmends to the City Council that Contractor Property Developers CJmpany be granted a Special Use Permit for the erection of an are~ identification sign as requested. A resolution is attached for Council review and approval. MOTION BY: SECOND BY: CI~Y OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CONTRACTOR PROPERTY DEVELOPERS COKPAN~ TO ERECT AN AREA IDENTIFICATION SIGN ON LOT 8, BLOCK 3, FOXBERRY FARMS. WHEREAS, Contractor Property Developer Company has requested a Special Use Permit to erect an area identification sign (permanent monument) on the ~roperty described as Lot 8, Block 3, Foxberry Farms; and WHEREAS, the Planning and zon:ng Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03, and 8.07; and WHEREAS, the Planning and zon:ng Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants cf the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and / WHEREAS, the Planning and zon:ng Commission recommends to the City Council approval of the ~pec:al Use Permit requested. NOW, THEREFORE, BE IT RESCLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Contractor Property Developers Company to erect an area identification sign on said property with the following conditions: 1. The area for development :s larger than five (5 a.) acres. 2. The maximum square foctage of the sign is thirty-two (32 s.f.) square feet. 3. The sign shall be located ten (10') feet from any property line. 4. The Special Use Permit will be subject to annual review by Staff. 5. The applicant shall execute a written agreement with the city for the maintenance of the sign. 6. The applicant shall a~ply for and be granted a sign permit before the erection of the sign. Adopted by the City Council of the City of Andover on this 3rd day of October, 1995. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victor~a Volk, City Clerk Regular Andover Planning and Zoning Commission Meeting ~ Minutes - September 12, 1995 'Page 5 , / (f; PUBLIC HEARING: SPECIAL USE PERMIT - AREA I.D. SIGNS - LOT 8, BLOCK 3, FOXBERRY FARMS - CONTRACTOR PROPERTY DEVELOPERS COMPANY 7: 49 p.m. Mr. Carlberg reviewed the Special Use Permit request by Contractor Property Developers to erect an Area Identification sign at 14383 Eagle Street NW, Lot 8, Block 3, Foxberry Farms. The monument will sit on the front portion of the lot on the hill. He noted the applicable ordinances and criteria to be examined. Staff is recommending approval with conditions. The lot number in the first WHEREAS of the prepared Resolution should state "Lot 8, Block 3". A maintenance agreement will be required. There have been no problems with maintenance on other monument signs where such agreements have been required. There is also an agreement with the property owner and the developer to keep the sign up. It is a fairly large parcel, so there are no problems with the bui1dability of the lot because of the proposed monument. MOTION by Luedtke, Seconded by Jovanovich, to open the public hearing. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote.~8:00 p.m. ( Pamela Bach, representina Contractor Propertv Developer Companv - stated they do not have a problem entering into a maintenance agreement with the City. In the declarations of restrictive covenants for Foxberry -, Farms, there is language for the entrance monument easement area and its /maintenance. It names their company responsible for the maintenance for a period of ten years. MOTION by Putnam, Seconded by Luedtke, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. 8:01 p.m. MOTION by Jovanovich, Seconded by Putnam, to forward to the City Council the recommendation for approval of the Special Use Permit for Foxberry Farms sign with the correction of lot and block number in paragraph 2 as stated (Lot 8, Block 3) Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. This will be placed on the October 3, 1995, City Council agenda. 8:02 p.m. , SECTION 9.07, PARK DEDICATION ( (, 8:02 he current fee for a lot split is $400 on which a new d lling unit could be constructed. If property is platte park dedica ion fees are calculated at 10 percent of the fair market va e, which s considerably higher. At the request of the Park and Recreat~ Co~ission, the City Council has asked the Planning Commission to 100 t whether or not the $400 fee for lot splits should be changed. T r have been about five or six lots splits each year for the last fiv years, 1us some lot splits done by metes I and bounds which are h~ndled in- use by Staff. Staff has not recommended any language change. If the ommission is interested in a change, the item should ~e tabled and Staff'wou!d corne back to the next meeting with some recommended language. The purpose of the hearing is to take public testimony to see if there is an interest. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION September 1~;-1995 DATE AGENDA ITEM 5. Public Hearing Special Use Permit Area Id. Sign Foxberry Farms ORIGINATING DEPARTMENT Planning David L. Carlberg Planning Director BY: APPROVED FOR AGENDA .y,~ REQUEST The Andover Planning and zoning Commission is asked to review the Special Use Permit request of Contractor Property Developers Company to erect an "Area Identification" sign (permanent monument) to be located on Lot 8, Block 3, Foxberry Farms. Please consult the attached location maps. APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 8.07 (D)(2) lists those signs allowed by Special Use Permit. Area identification signs may be allowed provided: 1. The area for development is larger than five (5 a.) acres. 2. One (1) sign per development. reviewed by the Andover Review Planning and zoning Commission Council. Additional signs shall be Committee (ARC) and the and approved by the City 3. The maximum square footage of the sign is thirty-two square feet (32 s.f.) in area. 4. The sign is located ten feet (10') from any property line. In reviewing a Special Use permit request for any sign certain criteria shall be used. The criteria of most concern are: 1. No sign shall be permitted that constitutes a hazard to vehicular safety. 2. No sign shall be permitted that may tend to depreciate nearby property values, be a detriment to scenic or pleasant views, or otherwise mar the landscape. GENERAL REVIEW The applicant is requesting the Special Use Permit to erect a permanent monument area identification sign for Foxberry Farms, a single family urban residential development. Page Two Special Use Permit - Area Identification Sign Foxberry Farms Contractor Property Developers Company September 12, 1995 COMMISSION OPTIONS A. The Planning and zoning Commission may recommend to the City Council approval of the Special Use Permit requested by Contractor Property Developers Company to erect an area identification sign (permanent monument sign) on Lot 8, Block 3, Foxberry Farms. The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan. The Commission also finds that the request meets the criteria established in Ordinance No.8, Section 8.07. The Commission shall also make the following conditions in accordance with Sections 8.07 and 5.03. 1. The area for development is larger than five (5 a.) acres; 2. The maximum square footage of the sign is thirty-two square feet (32 s.f.) in area; 3. The sign is located ten feet (10') from any property line; 4. The Special Use Permit shall be subject to annual review by Staff. 5. The applicant shall execute a written agreement with the City for the maintenance of the sign. 6. The applicant shall apply for and be granted a sign permit before the erection of the sign. B. The Planning and Zoning Commission may recommend to the City Council denial of the Special Use Permit requested by Contractor Property Developers Company to erect an area identification sign (permanent monument sign) on Lot 8, Block 3, Foxberry Farms. The Commission finds the request does not meet the criteria established in Ordinance No.8, Sections 5.03 and 8.07. In denying the request, the Commission shall state those reasons for doing so. I C. The Planning and zoning Commission may table the item. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CONTRACTOR PROPERTY DEVELOPERS COMPANY TO ERECT AN AREA IDENTIFICATION SIGN ON LOT 8, BLOCK 3, FOXBERRY FARMS. WHEREAS, Contractor property Developer Company has requested a Special Use Permit to erect an area identification sign (permanent monument) on the property described as Lot 3, Block 3, Foxberry Farms; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03, and 8.07; and WHEREAS, the Planning and zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to allow Contractor property Developers Company to erect an area identification sign on said property with the following conditions: 1. The area for development is larger than five (5 a.) acres. 2. The maximum square footage of the sign is thirty-two (32 s.f.) square feet. 3. The sign shall be located ten (10') feet from any property line. 4. The Special Use Permit will be subject to annual review by staff. 5. The applicant shall execute a written agreement with the city for the maintenance of the sign. 6. The applicant shall apply for and be granted a sign permit before the erection of the sign. Adopted by the City Council of the City of Andover on this day of , 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, C1ty Clerk ~~;,. iil \\ , -"'-... - :----~~>, \\ I :' . -~'& ~~ ~~,;, --"-'11 -------~~ - 'I ~'~"I.'" 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(612) 755-5100 SPECIAL USE PERMIT Property Address J~3<<60 en~ S:J- }Ju. ) Legal Description of Property: (Fill in whichever is appropriate): Lot e Block ,,~ Addi tion ~WA~a.....Lnva PIN (If metes and bounds, attac~ the complete legal description. ) Is the property: Abstract II or Torrens ? (This information must be provide~ can be obtained from the County. ) ;::::~-;:;-;:;::~~--Ft~~-~-;~~;~~-) ~ L~ I) n pA/1;f A1/lA>71..--l.L4'nP.#"1..t. ) Section of Ordinance 8 n Current zoning ----------------------------------------------------------------- Name of APPlicant~:::: 2o:r'~,:--lJ'f'lA AI.. Co Address ~1l0 ,j f>rm R:ui 5eH'-15 Home Phone . Business Phone cml- cga'd-, ) Signature R:vnd2a ~Ll~ Date 5.aB.GO ----------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address . ~ Home Phone Business phone Signature Date ----------------------------------------------------------------- SPECIAL USE PERMIT PAGE 2 i The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within feet of "t.he subj~ct ~,r?~~~.t.x: ^ II . 0Yl ~ w-<:;t1r) ~ QjlI:l{t~ Application Fees: Commercial - Residential Amended SUP Recording Fee -Abstract propert~25.00 Torrens property $34.50 350 $190.00 $150.00 $50.00 Date Paid \ SO, 00 6l..~.0 0 361. DO $'a Oe. ooljOt-~ 8 ~;).::;- 75'" Receipt # .2 'S~ 0 (L; Rev. 5-06-93:d'A 5-04-94:bh 2-0l-95:bh / 3-22-95:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERKITS In granting a Special Use Permit, the City Counc~l shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. / 'tl 0- n tIl 11 III 0 IT .g '< E ~ " 0 IT " 11 HI '< IT 0 '< I HI t:l " < " ...... o '0 " 11 1II n o ~ III l:l '< llJ .... ti :3: \0 ::r g" ~\O : " 0 m 11 o . " IT lQ III tr 0 '< 1-" Cl l:l o 'tl lQ 11 " '0 IT 1-" o " l:l 11 11 1II llJ IT IT t" 11 6" ~ ::s tIl CD n l:l o :T IT ::s CD tr ~ ~ CD 11 III ::r . 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ANDOVER, MINNESOTA 55304 0 (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, September 12, 1995 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Contractor Property Developers Company for the erection of an area identification sign as defined in Ordinance No.8, Section 8.07 located at 14383 Eagle Street NW. The property location is legally described as Lot 8, Block 3, Foxberry Farms. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. vi~i...{f: City Clerk ,Publication dates: September 1, 1995 September 8, 1995 3224310022 nnis & Karen Olson 276 Bluebird st. NW dover, MN 55304 3r ''10025 vi~' Lisa Blanchard 216 Bluebird St. NW .dover, MN 55304 3224440001 .ate of MN in Trust '0 Anoka County :5 East Main St. toka, MN 55303 i3224340066 Lvid & Shelly Fish 193 14lst Lane NW ldover, MN 55304 ;3224330012 ~lls, Inc. ;19 Coon Rapids Blvd. Jon Rapids, MN 55433 ;3224330015 , W. & C. Bennington ;4] '40th Lane NW ldc. :r, MN 55304 53224330018 ary & Jane Dunn 505 140th Lane NW tldover, MN 55304 ontractor Property evelopers Company 110 83rd Ave. No. rooklyn Park, MN 55445 263224310023 Steven & Karin Gaertner 14256 Bluebird st. NW Andover, MN 55304 263224340003 Gaughan Land, Inc. 299 Coon Rapids Blvd. Coon Rapids, MN ,.55433 263224330002 Debra Ann Menth 1416 Andover Blvd. NW Andover, MN 55304 263224330007 Debra A. Menth 1416 Andover Blvd. NW Andover, MN 55304 263224330013 Ralph & Shirley Boehlke 1565 140th Lane NW Andover, MN 55304 263224330016 Douglas & Debra Martell 1529 140th Lane NW Andover, MN 55304 263224330019 Vincent & V. Foggia 1493 140th Lane ~-w Andover, MN 55304 263224310024 Amy E. Meyer 14236 Bluebird St. NW Andover, MN 55304 263224330009 Thomas & Marlene Adler 1480 Andover Blvd. NW Andover, MN 55304 263224340004 M. Couture & R. Albrecht 14188 Bluebird st. NW Andover, MN 55304 263224330039 Foxberry Farms 9110 83rd Ave. No. Brooklyn Park, MN 55445 263224330014 Dawn H. Schnickels 1553 140th Lane NW Andover, MN 55304 263224330017 Steven & Mary Savchenko 1517 l40th Lane NW Andover, MN 55304 263224330020 Raintree Realty Inc. 11925 Highway 65 Blaine, MN 55434 63224230060 ity of Andover 685 Crosstown Blvd. NW ndover, MN 55304 63?~1230051 :ha. .:s & M. A. Hartfiel .4531 Drake St. NW ,ndover, MN 55304 ~63224230057 Cenneth & C. L. Heil ,425 Andover Blvd. NW ~ndover, MN 55304 ~63224230026 :harles & M. A. Hartfiel L4583 7th Ave. NW !\.ndover,' MN 55304 273224410001 William & K. M. Hupp 1650 Andover Blvd. NW Andover, MN 55304 263224320006 Kep~eth & Callie Heil 14 /Andover Blvd. NW Andover, MN 55304 263224310014 Gorham Builders, Inc. 3538 Mississippi orive Coon Rapids, MN 55433 263224310016 Gregory J. Alstadt 14398 Bluebird st. NW Andover, MN 55304 263224310019 Randy & Deeann Guthman 14338 Bluebird St. NW Andover, MN 55304 263224230059 Charles & M. A. Hartfiel 14853 7th Ave. NW Andover, MN 55304 263224230064 Kenneth & C. L. Heil 1425 Andover Blvd. NW Andover, MN 55304 " 273224140005 Darell O. stern 1653 Andover Blvd. NW Andover, MN 55304 263224230058 James & Kelly Pierson 1415 Andover Blvd. NW Andover, MN 55304 273224410002 William & K. M. Hupp 1650 Andover Blvd. NW Andover, MN 55304 263224320002 Thomas & Marlene Adler 1480 Andover Blvd. NW Andover, MN 55304 263224320007 Raintree Realty Inc. 11925 Highway 65 NE Blaine, MN 55434 263224310017 C. J. & steen Carlson 14378 Bluebird St. NW Andover, MN 55304 263224310020 V. Hofer & A. Chancellor 14318 Bluebird st. NW Ando,:r, ~ 55304 263224230025 Charles & M. A. Hartfiel 14853 7th Ave. NW Andover, MN 55304 263224230063 Thomas & Julia Schiebout 1425 Andover Blvd. NW Andover, MN 55304 263224230061 Gregory A. Lee . 14515 Orake St. NW Andover, MN 55304 263224230027 Charles & M. A. Hartfiel 14853 7th Ave. NW Andover, MN 55304 263224320008 John & B. J. Scherer 2065 Helmo Ave. No. Oakdale, MN 55119 263224320001 Trettel Ernest W. Trustee 1412 Andover Blvd. NW Andover, MN 55304 263224310015 Alan Chazin Homes Inc. 5353 wayzata Blvd. st. Louis Park, MN 55416 263224310018 Randell & Cindy Chumley 14358 Bluebird St. NW Andover, MN 55304 263224310021 Bankers Trust Co. of California NA 14296 Bluebird St. NW Andover, MN 55304 SEP-22-1995 13:48 SCf~RER 13ROS. 612 627 0838 P.02/12 DECLARATION OF COVENANTS CONDITIONS, RESTRICTIONS AND EASEMENTS FOR FOXBERRY FARMS TIllS DECLARATION made this ~day of~' 1995. by Contractor Property Developers Company, a Minnesota Corporation. hereinafter called "Declarant" and those persons identified on Exhibit A-2 attached, hereinafter called the "New Owners. RECITALS: Declarant is the QW1la of the real estate descn"bed in Exhibit A-I hereto anached and the New Owners are tho OwnCD of the real estate described in Exhibit A-2, all ofwbk;h is hereinafter' referred to as the "Property, " Declar.mt intends to develop the Property as single family residential lots, Declarant and the New Owners desire to subject the Property to this Declaration. Certain easements are needed for the benefit and enjoyment of persons residing in the Lots, and those easements will require uniform and continuing care and maintenance. NOW, THEREFORE, Dcclarant and the New Owners declare that the Property descnl>ed in Exlu"bit A-I and Exhibit A-2 hereof is and shall be held, transferred, conveyed, sold, leased. occupied and developed, subject to thc covenants. conditions. fC3trictions and easements hereinatler set forth, which are for the purpose of protecting the v4lue, desirability and attractiveness of the Property, and which shall ron with the Property and be binding upon aU parties having any risht, title. or interest in the Property, their heirs, successors and assigns. and which shall inure to the benefit of each Owner thereo( and the heirs. successors and assigns of each Owner. This Declaration hereby establishes a general plan for the individual ownership of real property estates consisting of residential Lots, subject to certain easements. Every conveyance of any of such Lots, or any part thereof: or any interest therein, shall be and is subject to these easements, covenants, conditions, and restrictions, as follows: ARTICLE I DEFINITIONS Section 1. The following words when used in this Declaration, or any supplemental declaration (unless the context shall prohibit) shall have the following meanings: ~r-~~-~JJ~ l~;q~ SOER8< l:Mr.:;. 612 62? 0838 P. 03/12 A, "Owner" shall mean the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance ofan obligation. B. "Property" shall mean and refer to that certain real property descn"bed and defined in Exhibit A-I and E,dUbit A-2 attached, but shalt not include any Lots or Outlots within said subdivision not so expressly named, C, "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Property. D. "Declarant" shall mean Contractor Property Developers Company, a Minnesota Corporation its successors and assigns if such successors and assigns should acquire all the then unsold undeveloped Lots from the Declarant for the purpose of development. E. "Mortgage" shall mean any mortgage Or other security instnunent by which a Lot or any part thereof or any structure thereon is encumbered. F. "Mortgagee" shall mean any person or entity named as the Mortgagee under any such Mortgage or any Successors or assigns to the interest of such person or entity under such Mortgage. G, "Living Unit" shall mean a residential housing unit consisting ora group of roOms and hallway which are designed or intended for use as living quarters for a family or other grouping of ; persons living together. H. "Entry Monument Easement Areas" shall mean the land described on Exlu"bit B hereto attached. ARTICLE n PROPERTY RIGHTS Section 1. Easements. Covenants, All easements described in this Declaration are pennanent easements appurtenant. running with the land. They shall at all times inure to the benefit of and be binding on the Owner and the Mortgagee. from time to time, of any Lots and their respective heirs, successors. personal representatives or assigns. f Section 2. Entrv Monument Easement Area. Every Owner shall have the non-exclusive ~ easement and right. which shall be appurtenant to the Owner's Lot and shall run with the land. W over and across the Entry Monument Easement Area No substantial change shall be made to the 2 SEP-22-1995 13:49 SCHERER EROS. 612 627 0038 P. 04/12 ~ppearance of any signage monument, wall, fence, landscaping or plantings without the written , authorization of the Declarant, it being the intent of this paragraph that Entry Monument Area shall remain permanent in appearance as designed and improved by Declarant unless such consent is obtained. Section 3. Maintenance of Easement Area. It is important to the overall appearance of the Property that the Entry Monument Easement Area be maintained unifonnly to a high standard. Declarant shall be responsible for the maintenance and repair of any sign or monument thereon for a period often years from the date hereof. . Section 4. No Dedication. The easements granted in this Declaration are not for the benefit of the general public and are not to be deemed to constitute dedications or creation of rights in the public. ARTICLE ill ARClllTECTURAL CONTROLS Section I, Architectural Control. No building, fence, exterior wall or other structure on the Property shall be erected, placed, removed, altered on the exterior ( including alterations in color or appearance) or enlarged until plans and specifications showing in reasonable detail the nature, kind, shape, height, materials, location, colors, and approximate cost of the same shall have been submitted to and approved in writing by the Declarant as to quality ofworlananship I and materials. harmony of extemal design and appearance with other structUres in the subdivision, and as to location with respect to topography and finish grade elevation. This provision should be liberally and inclusively construed to fulfill its purpose of providing a high degree of protection to Owners with regard to appearance, privacy, comfort, and freedom from intrusive lights and improvements. Without limiting the generality of the foregoing, structures and improvements requiring submission to the Declarant under this provision include exterior antennae, high intensity lights, swimming pool or tennis courts lights, dog kennels and runs, basketball hoops. Approvals of lights may be granted conditioned upon restrictions on hours of use. Section 2. Completion. Every structure must be erected and completed within eighteen months of approval, or new approval obtained. If any structure is begun, and is not completed within eighteen months, and in the judgment ofthe Declarant by reason of its incomplete state of offensive or unsightly appearance, the Declarant, at its discretion after ten days written notice to the Owner of the Lot, may take such steps as may be necessary, in its judgment, to improve the appearance so as to make the property harmonious with neighboring properties, including entering upon the Lot, completion of the structure, screening, or covering of the structure, or any combination thereof, or similar operation, and the amount of any expenditure made in so doing shall be a lien on the Lot. 3 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION October 3, 1995 DATE AGENDA. SECTION NQ D~scuss~on -Item ORIGINATING DEPARTMENT ITEM NQ EAW Shadowbrook Sections 25 & 36 Planning ~ APPROVED FOR AGENDA David L. carlberg Planning Director ;y: L j ,1 ~. REQUEST The Andover City Council is requested to approve the attached Environmental Assessment Worksheet (EAW) on the property to be known as Shadowbrook located in Sections 25 and 36. An EAW is mandatory on projects that meet or exceed the thresholds established by the Minnesota Environmental Quality Board (EQB), Environmental Review program. The project to be known as Shadowbrook exceeds the residential development threshold for the number of dwelling units (250 attached or 375 unattached). , The City of Andover is the RGU (Responsible Governmental Unit) for this project. Therefore, the City must prepare the EAW with the information and data provided by the proposer. The RGU may add additional material, if deemed necessary, and approve the EAW for distribution. The RGU shall submit copies to the agencies listed by the EQB and file a press release giving notice of the availability of the EAW for public review. A thirty (30) day comment period shall follow publication of the notice to allow for written comments to be submitted to the RGU. Based on the written comments received, the RGU (City Council) will determine and make either a positive declaration or a negative declaration on whether an Environmental Impact Statement (EIS) is needed. The Council has thirty (30) days to make this decision from the date the comment and review period closed. Attached is the EAW for Council review and approval. Upon Council approval, the City will begin the process required by the EQB. '. / MOTION BY: SECOND BY: .' .- SHADOWBROOK SINGLE FAMILY RESIDENTIAL SUBDIVISION ANDOVER,NITNNESOTA ENVffiONMENTAL ASSESSMENT WORKSHEET Responsible Governmental Unit (R.G.V) . . City of Andover ; . EHVIRORMEHTAL ASSESSMENT WORKSHEET (BAW) BOTE 'l'O PREPARERS This worksheet is to be completed by the Responsible Government Unit (RGU) or its agents. The project proposer must supply any reasonably accessible data necessary for the worksheet, but is not to complete the final worksheet itself. If a complete answer does not fit in the space allotted, attach additional sheets as necessary. For assistance with this worksheet contact the Minnesota Environmental Quality Board (EQB) at (612) 296-8253 or (toll free) 1-800-652-9747 (ask operator for the EQB environmental review program) or consult "EAW Guidelines," a booklet available from the EQB. IfO'l'E 'l'O REVIEWERS Comments must be submitted to the RGU (see item 3) during the 30- day comment period following notice of the EAW in the EQB Monitor. (Contact the RGU or the EQB to learn when the comment period ends.) Comments should address the accuracy and completeness of the information, potential impacts that may warrant further investigation, and the need for an EIS. If the EAW has been prepared for the scoping of an EIS (see item 4), comments should address the accuracy and completeness of the information and suggest issues for investigation in the EIS. 1. project TitleShadowbrook Single Family Subdivision-Andover, MN 2. Proposer Bunker. LLC Contact person Tony Emmerich Address 10738 Hanson Blvd. Coon Rapids. MN 55433 Phone (612) 755-6554 3. RGU City of Andover Contact person Dave Carlberg and title Planning Director Address 1685 Crosstown Blvd. Andover. MN 55304 Phone (612) 755-5100 4. Reasons for EAW preparation EIS scoping ~andatory EAW citizen petition RGU discretion proposer volunteered If EAW or EIS is mandatory give EQB rule category number(s) 4410.4300 Subp. 19.A 5. project Location _ ~ _~ Section 25&36 Township 32 Range 24 County Anoka City/Twp of Andover Attach copies of each of the following to the EAW: a. a county map showing the general location of the project (See Exhibit A). b. copy(ies) of USGS 7.5 minute, 1:24,000 scale map (photocopy is OK) indication the project boundaries (See Exhibit B); c. A site plan showing all significant project and natural features (See Exhibit C). 6. Description Give a complete description of the proposed project and ancillary facilities (attach additional sheets as necessary). Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce waste. Indicate the timing and duration of construction activities. The proposed project is a single family residential subdivision of 424 lots on a 260 acre site. 358 of these lots will be used for single family homes and the remaining 66 lots will be single family twin homes. This EAW is mandatory because the development will exceed 250 unattached units within the seven county metropolitan area. The minimum lot size is 11,400 square feet. Included in the project is a 33.4t acres that will be used as future neighborhood parks. LAND USE SUMMARY Lot Area Right-of-Way Area Park Area - Upland Park Area - Wetland Outlot Area - Upland Outlot Area - Wetland 183.1 AC 34.8 AC 14 .2 AC 21.6 AC 3 .5 AC 5 .2 AC Total Area 260.0 AC 424 11,400 S.F. 18,937 S.F. 2.32 Units/Acre 1.63 Units/Acre Number of Lots Minimum Lot Size Average Lots Size Net Density Gross Density The subdivision is planned to be constructed in several phases over the next 3 to 5 years as follows: Phase 1 Future phases 177 units 247 Units 424 Units Some homes will be built by the proposer, others will be con- structed by builders who will buy the lots from the proposer. It is anticipated that a total of 60 to 70 homes will be built during each of the next 5 to 6 years. All homes will be built to the standards required by City and State Building codes. 2 The site does contain DNR inventoried Wetlands. However, other wetlands do exist on this site and have been shown on Exhibit "D ". These wetlands are from field delineations which have been reviewed by the Coon Creek Watershed and the Minnesota Department of Natural Resources. All wetlands have been delineated according to the Federal manual for identifying and delineating wetlands, dated January 1, 1994 for each phase of this project. ponding areas also would be constructed to provide sedimentation control prior to storm water discharge to wetland areas. During construction, the wetland areas will be protected using silt fence and temporary ponding basins. The internal street system is 4.3 miles in length with access points onto Bunker Lake Boulevard and prairie Road. All lots front on the internal street system. currently the site is outside of the Metropolitan Urban Service Area (MUSA), application has been made to the Metropolitan Council for an extension of sanitary sewer to include this site within the MUSA by the City of Andover. Grading, drainage, utilities, road construction and slope stabilization plans will be designed to be in conformance with City, State, and Federal guidelines. Provide a SO or fewer word abstract for use in BOB Monitor notice: The proposed project is a 424 unit single family residential development on a site of 260~ acres. Municipal sewer, water, storm sewer and streets will serve the project. There will be no net loss of wetlands. 7. project Magnitude Data Total project Area (acres) 260~ Number of Residential Units Unattached 358~ Commercial/Industrial/Institutional Building Area (gross floor space) Total N/A square feet; Indicate area of specific uses: Office N/A Retail HLa Warehouse N/A Light Industrial N/A Other Commercial (specify) Building Height(s) N/A 8. Permit and Approval Required List all known local, state, and federal permits, approvals, and funding required: Unit of Government ~ of Application Status or Length Attached 66~ Manufacturing Other Industrial Institutional Agricultural N/A N/A N/A N/A City of Andover Building Permit To be applied for by builder Coon Creek Watershed Permit City of Andover Final Plat To be applied for by proposer To be applied for by proposer City of Andover Preliminary Plat To be applied for by proposer City of Andover City of Andover City of Andover Sketch Plan Approved Rezoning To be applied for by proposer PUD To be applied for by proposer City of Andover Comprehensive Approved subject to Met Council Plan Amendments MN Dept. of Natural Resources MN Pollution Control Agency Metro Council MN Dept. of Health Permit Sanitary Sewer Extension Sanitary Sewer Extension Water System Extension To be applied for by proposer To be applied for by the City of Andover To be applied for by the City of Andover To be applied for by the City of Andover MN Pollution Control Agency NPDES To be applied for by proposer u.S. Army Corps of Engineers Wetland To be applied for by proposer 9. Land Use Describe current and recent land use and development on the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage tanks. In the past, the land was primarily used for limited farming and pasture. A1though,a portion of the property has also been utilized by the previous property owner, Leroy Johnson, for a sanitation business known as Johnson Sanitation. Mr. Johnson has conducted his sanitation operation for more than twenty-five years at this location and is continuing the operation today. It should be noted that all materials being picked up associated with the sanitation operation are disposed of at an approved landfill. In recent years, a Special Use Permi t for a mining permit was granted by the City of Andover on June 16, 1992 to excavate 500,000 cubic yards of common granular material (sand). The excavated material was used in a Minnesota Department of ( ,. Transportation project for the construction of an overpass on Highway 65 in Blaine, Minnesota. An EAW was not required for the mining operation as the threshold was not exceeded of forty (40) or more acres at a mean depth of ten (10) feet or more. The mining operation was completed in 1993. Currently, in addition to the sanitation operation, the land is idle with a mixture of open space, wooded areas, and wetlands. Adjacent properties are hobby farms, county park, and single family homes. The project will not be 260 acres of homes, but proposes additional park land and the retention of approxi- mately 66 acres of wetland which lend to the compatibility with adjacent properties and current uses. 10. Cover Types Estimate the acreage of the site with each of the following cover types before and after development (before and after totals should be equal): Before ~ter Wetlands ~ &L.3. Wooded/Forest 105.0 50.0 Brush/Grassland 80 0 Agricultural .Q. 0 Before ~ter Urban/Suburban Lawn 1.0 101. 7 Landscaping Impervious Surface 0.5 41.0 Other (homesteads) 2.0 0 Commercial 5.0 .Q. / Tota1 260 260 11. Fish, Wi1d1ife, and Eco1ogica11y Sensitive Resources a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. From a visual review, it appears that any wildlife would be those species that would use the existing wetlands. With the present condition of the site there appears to be a minimal amount of food to provide for any other wildlife resources. However, the proposed detention ponds and with the conversion of the partially drained wetland "e" to a large open water pond, the development should provide additional resources for ducks and similar wildlife. The project has been planned around approximately 66 acres of wetland. The preservation of these areas in their natural states will help reduce ecological impacts. b. Are there any state-listed endangered, threatened, or special-concern species; rare plant communities; colonial water bird nesting colonies; native prairie or other rare habitat; or other sensitive ecological resources on or near 5 the site? Yes X No If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was conducted. Describe meas- ures to be taken to minimize or avoid adverse impacts. 12. The Minnesota Department of Natural Resources was requested to review its Natural Heritage database and their findings report (Attachment A) that a barrens oak savanna, cattail marsh, and tamarack swamp minerotrophic subtype exist on the site. Construction of this development will progress in such a manner as to minimize the impact on these natural features. This will be done through wetland preservation, creation of parks, and detention ponds to control runoff rates and siltation into existing wetlands and Coon Creek. Physica1 r.pacts on Water Resources will the project involve the physical or hyd~ologic alteration (dredging, filling, stream diversion, outfall structure, diking, impoundment) of any surface water (lake, pond, wetland, stream, drainage ditch)? X Yes No __ If yes, identify the water resource to be affected and describe: the alteration, including the construction process; volumes of dredged or fill material; area affected; length of stream diversion; water surface area affected; timing and extent of fluctuations in water surface elevations; spoils disposal sites; and proposed mitigation measures to minimize impacts. -- The project proposes to open up wetland "C" into an open water pond with a submerged vegetation island in the middle. The subsurface water levels have been monitored through the spring and into the Summer of 1995 to provide data on the drained and degregated condition of the current wetland. Coon Creek Watershed and the D.N.R. have visited the site and have been consulted regarding the current state of the wetland and the proposed change. / Construction would change approximately 4.9 acres of drained Type II Wetland "C" (PEMCd) to create an open water wetland of Type III or IV. Side slopes would meander and have no greater than 10:1 slopes to provide a vegetation shelf. Maximum depth would be 4 to 6 feet at the center to leave areas of open water. pond slopes would be vegetated with 12 inches of the existing peaty soils to aid in revegetation. Excess materials will be disposed of on upland areas. The net impacts should be positive in revitalizing a partial drained and degraded wetland. 13. Water Use a. will the project involve the installation or abandonment of any wells? X Yes _ No For abandoned wells give the location and Unique well number. For new wells, or other previously unpermitted wells, give the location and purpose of the well and the Unique well number (if known). 6 There are existing wells that serve the home sites and commercial building that will be abandoned in accordance with Minnesota Rules Chapter 4275. All known wells have been shown on Exhibit "C". b. will the project require an appropriation of ground or sur- face water (including dewatering)? X Yes No If yes, indicate the source, quantity, duration, purpose of the appropriation, and DNR water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation on ground water levels. Dewatering is expected only for utility construction on this site. The contractor will secure permit from the DNR for trench dewatering. c. Will the project require connection to a public water supply? X Yes _ No If yes, identify the supply, the DNR water appropriation permit number of the supply, and the quantity to be used. The development will use the City of Andover system which operates under permit 87-6059. After completion, this development will use approximately 103,350 gallons of water per day. (424 homes x 3.25 capita/home x 75 gallons/day) 14. Water-related Land Use Management Districts Does any part of the project site involve a shoreland zoning district, a de- lineated 100-year flood plain, or a state or federally designated wild or scenic river land use district? X Yes __ No If yes, identify the district and discuss the compatibility of the project with the land use restrictions of the district. A small part of the northeast corner of this site lies below the 100 year high water level of Coon Creek. Therefore, little or no physical manipulation of existing conditions will occur within this flood plain. Flood plains shall be regulated as specified in the provisions of Ordinance No. 107, An Ordinance for the Management of Flood Plains in the City of Andover. 15. Water Surface Use will the project change the number or type of watercraft on any body of water? __ Yes X No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources. 16. Soils Approximate depth (in feet) to: Ground water: minimum ~ average 9 Bedrock: Elevation = 750 to 700 Describe the soils on the site, giving SCS classifications, if known. (SCS interpretations and soil boring logs need not be attached. ) 7 See soils map, Exhibit "E" The site ground water elevation varies from 883 to 887. 17. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres 156 ; cubic yards 529.000 Describe any steep slopes or highly erodible soils and identify them on the site map. See soils map, Exhibit "E" Describe the erosion and sedimentation measures to be used during and after construction of the project. During construction, the wetlands and steep slopes will be pro- tected with a silt fence and backed with a snow fence when required. Temporary sediment basins will also be installed to help prevent sediments from flowing into wetland areas. Following construction, the site will be seeded and mulched to prevent erosion. 18. Water Quality-Surface Water Runoff a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and/or treat runoff. Detailed storm sewer design has not been completed. Storm water sedimentation/detention ponds will be constructed in areas shown on Exhibit "F" to maintain existing runoff rates and to protect existing wetlands from sediments produced from this site. After development, the majority of this site will be sodded lawns and hard surface areas. b. Identify the route(s) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. (If the runoff may affect consult .EMf Guidelines. about whether a nutrient budget analysis is needed.) The discharge waters will ultimately drain towards Coon Creek. A nutrient budget has not been prepared, but it is believed that after treatment in storm water holding ponds and wi th the presentation of the large areas of wetland that the water leaving these ponds will be an equivalent to the existing conditions. The site will be designed to provide storage ponds to maintain the existing runoff rates. The site will meet Coon Creek Watershed Standards. 19. Water Quality-Wastewaters. a. Describe sources, quantities, and composition (except for normal domestic sewage) of all industrial wastewaters E produced or treated at the site. Only normal domestic sewage will be generated by the project. The homes will generate approximately 99,684 gal- lons of waste water per day. 65 gal/day/person x 3.6 people/dwelling x 426 dwellings = 99,684 gal/day b. Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the project involves on-site sewage systems, discuss the suitability of the site conditions for such systems. Identify receiving waters (including ground water) and estimate the impact of the discharge on the quality of the receiving waters. (If the discharge .ay affect a lake consult -EAJf Guide- lines- about whether a nutrient budget analysis is needed.) Waste treatment will be provided by Metropolitan Waste Control Commission at the Pig'S Eye Treatment Plant. c. If wastes will be discharged into a sewer system or pre- treatment system, identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. 20. Ground water-Potential for Contamination a. Approximate depth (in feet) to ground water: 2 minimum; ~ average. b. Describe any of the following site hazards to ground water and also identify them on the map: sinkholes; shallow limestone formations/karst conditions; soils with high infiltration rates; abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. None of the above site hazards listed are known to exist on this site, and all farmstead wells will be abandoned and capped in accordance with Minnesota Rules Chapter 4725. This project will generate 99,684 gallons of sanitary wastewater per day. The proposed sanitary sewer system will flow into an existing 21" sanitary sewer line that is located at the west plat line and will be treated at the Pig'S Eye Treatment Plant. This existing sanitary line has adequate capacity for handling the volume of waste- water that will be generated by the proposed site. 65 gal/day/person x 3.6 people/dwelling x 426 dwellings = 99, 684gal/day c. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating ground water. 9 No toxic or hazardous materials should be required for this project other than normal oil and fuel used by the con- struction equipment. All used oil shall be contained and removed from the site. If required, an Environmental Drilling Report including the field and laboratory results and recommendations will be completed and submitted to the MPCA for their review. 21. Solid Wastes; Hazardous wastes; Storage Tanks a. Describe the types, amounts, and compositions of solid or hazardous wastes to be generated, including animal manures, sludges and ashes. Identify the method and location of dis- posal. For projects generating municipal solid waste indicate if there will be a source separation plan; list type(S) and how the project will be modified to allow re- cycling. Only residential waste will be generated from this site. It will be removed by a sanitation company and disposed of in compliance with all Local, State, and Federal regulations. Recycling will be by Anoka County and the City of Andover. Upon full development this waste will total approximately 1.92 tons/day. (2.5 lbs/day x 3.6 people x 426 lots)/ 2000 = 1.92 tons/day b. Indicate the number, location, size, and use of any above or below ground tanks to be used for storage of petroleum products or other materials (except water). Any above or below ground storage tanks will be removed and a subsequent environment review will be conducted to de- tect any soil contamination and if any found will be cleaned up according to MPCA. 22. Traffic Parking spaces added N/A Existing spaces (if project involves expansion) N/A Estimated total Average Daily Traffic (ADT) generated 4240 Estimated maximum peak hour traffic generated (if known) and its timing: ~ . For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will be necessary. The current traffic flows on Bunker Lake Boulevard, along the south side of the site, is 6,699 A.D.T. and on prairie Road, along the west side of the site is 1,050 A.D.T.. Bunker Lake Boulevard is classified at the county level as a minor arterial street and Prairie Road is classified at the local level as a municipal state aid street. The increase in traffic is estimated to be 4240 A.D.T. from this project. Based on the configuration of the proposed roadway system this development and the location of building lots in relationship to these roadways, we anticipate the 10 following trip dispersion: To and From the West on prairie Road - 40% To and From the South on Bunker Lake Blvd. - 60% 23. Vehicle-related air emissions Provide an estimate of the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other measures on air quality impacts. (If the project involves 500 or ~re parking spaces, consu1t -EAW Guidelines - about whether a detailed air quality analysis is needed.) The relative impact of these emissions is deemed to be minimal. 24. Stationary source air eBissions will the project involve any stationary sources of air emissions (such as boilers or exhaust stacks)? __ Yes X No If yes, describe the sources, quantities, and composition of the emissions; the proposed air pollution control devices; the quantities and composition of the emissions after treatment; and the effects on air quality. 25. Will the project generate dust, odors, or noise during con- struction and/or operation? X Yes _ No If yes, describe the sources, characteristics, duration, and quantities or intensity, and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. During construction, there will be dust, odors, and noise generated which is typical to construct developments of this type. These situations will increase during grading and infrastructure construction and to a lesser extent during actual home construction. Dust Some dust is expected during construction and will be controlled by the contractor in accordance with MPCA regulations through watering, application of dust suppressants (such as calcium chloride), plantings and other appropriate measures. Odors Some odors from vehicles equipped with expected in the immediate vicinity construction. diesel engines can be of the site during Noise Some noise is expected during construction. Following project completion, there will only be limited noise typical of residential developments. Noise impacts from 11 residential traffic will be minimal. The receptors of these impacts are the residencies to the south, east and north of the project, which generate similar noises. 26. Are any of the following resources on or in proximity to the site: 8. archeological, historical, or architectural resources? _ Yes X No b. prime or unique farmlands? _ Yes X No c. designated parks, recreation areas, or trails? X Yes No d. scenic views and vistas? _ Yes X No e. other unique resources? _ Yes X No If any items are answered Yes, describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. Bunker Hills Park lies along the southerly edge of the proposed site and is separated from the site by Bunker Lake Boulevard which runs between the two properties. During construction, there will be dust, odors, and noise generated which is typical to construct developments of this type. Following project completion, there will only be limited noise typical of residential developments. Noise impacts from residential traffic will be minimal and will be to a much lesser degree than traffic noise currently generated by Bunker Lake Boulevard. 27. Will the project create adverse visual impacts? (Examples include: glare from intense lights; lights visible in wild- erness areas; and large visible plumes from cooling towers or exhaust stacks.) Yes X No If yes, explain. 28. Compatibility with plans Is the project subject to an adopted local comprehensive land use plan or any other applicable land use, water or resource management plan of an local, regional, state, or federal agency? X Yes _ No If yes, identify the applicable planes), discuss the com- patibility of the project with the provisions of the planes), and explain how any conflicts between the project and the planes) will be resolved. If no, explain. The single family urban development is consistent with the City of Andover's Comprehensive Plan, Future Land Use Map. Sanitary sewer and water mains are consistent with the City of Andover facilities. Storm water generated by the site will be handled in accordance with the City of Andover Water Resource Management Plan. 12 29. Impac~ on Infras~ruc~ure and Public Services Will new or expanded utilities, roads, other infrastructure, or public services be required to serve the project? ....x Yes _ No If yes, describe the new or additional infrastructure/ser- vices needed. (Any infras~ruc~ure ~ha~ is a "connected ac~ion" wi~h respect to the project must be assessed in this EANi see "EAN Guidelines" for details. ") Sanitary sewers, water mains, storm sewers, and streets will be installed by the developer. All new utilities will be installed in accordance with the City of Andover standards. Sanitary sewer and water will be extended to and throughout this site. Storm sewer and local streets will be built to serve the proposed residences. All of these infrastructure improvements within the site will be installed and paid for by the developer. Because of the overall Master Plan being approved, there would be no direct impact of sanitary sewer and water service for this site. Sanitary Sewer The developer will extend sanitary sewer from an existing 21" sanitary sewer line at prairie Road (running along the West plat line). We believe the proposed plan amendments poses no conflict with long range sanitary sewer development concepts in the City of Andover. It should be noted that a lift station may be required for this development in the eastern half of the development. Water The City of Andover'S Comprehensive Water plan does indicate that this project site is proposed to have a water storage tank. The City'S existing water supply which serves this area includes a 1,000,000 gallon and 500,000 gallon elevated storage tanks. Also, this is a possible future municipal well location as identified in the Comprehensive Plan. Storm Sewer All storm water generated by the site will be handled in accordance with the City of Andover Water Resource Management Plan and will also meet Coon Creek Watershed District and Anoka County Soil and Water Conservation District standards. 30. Related Developments; Cumulative Impacts a. Are future stages of this development planned or likely? 13 Yes X No If yes, briefly describe future stages, their timing, and plans for environmental review. b. Is this project a subsequent stage of an earlier project? Yes X No If yes, briefly describe the past develop- ment, its timing, and any past environmental review. c. Is other development anticipated on adjacent lands or outlots? X Yes No If yes, briefly describe the development and its relationship to the present project. See Exhibit G, Metropolitan Urban Service Area Map for the staging of development of adjacent lands. d. If a, b, or c were marked Yes, discuss any cumulative environmental impacts resulting from this project and the other development. It is expected that the environmental impacts from the other projects adjacent to the site should be of a similar nature to the proposed project. 31. Other Potential Environaental Impacts If the project may cause any adverse environmental impacts which were not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation. There are no other known environmental impacts. 32. SUMMARY OF ISSUES (This section need not be co.pleted if the RAW is being done for EIS scoping~ instead, address relevant issues in the draft 5coping Decision docuaent which aust accompany the BAN.) List any impacts and issues identified above that may require further investigation before the pro- ject is commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. CERTIFICATIONS BY THE RGU (all 3 certifications must be signed for acceptance of the EAW of publication of notice in the EOB Monitor.) A. I hereby certify that the information contained in this document is accurate and complete to the best of my knowledge. Signature 14 B. I hereby certify that the project described in this EAW is the complete project and there are no other projects, project stages, or project components, other than those described in this document, which are related to the project as "connected actions" or "phased actions," as defined, respectively, at Minn. Rules, pts. 4410.0200, subp. 60. / Signature c. I hereby certify that copies of the completed EAW are being sent to all points on the official EQB EAW distribution list. Signature Title of Signer Date 15 j .... n II"lP "+ {I rn... lIIIZ4. ~ Iro", .""....... ~ . ;Jr i ~ . ~ L , I r " ~ " ,; ~ ,; ~ Co, "r... '... ~ * ~ ' " 'u.ltt.. ? . ,; . i 'f- . I 6 '1 + './" un.t .... ~.. @ I".' .WI;. @ ~ ~,- ........... ,; ,; 1S.'''lLlC,.. i fSJr-"......w. ~ ANDOVER ~ CITY HALL H~ . J ~ :!.>:';. >,.~;:::.-;-.:!; . ~)~~ us '4:t'.....~i'-P,.~ '-~-~. \.,.':'~-i. .~ ~~~'>~~':(-~ . , . - .' ;'-""':.:-?~':' ~"2' "~'~":.',",' ~ ~~*gfii~:?~t . :-: . .~ ".:' ::~..:..~;;.:~;-... :..~~n."'.. 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PLIN ~ M I- tIi~ ~t\~~~~ t~~~ ~~~~~~~~~~~ ...w ..... :::> -::.0:: ....- ...... :::. Z :::::. ~::::::.r ::::::::::: 'V z DNR WET.LANDS INVENTORY :MAP. --~- ~~ ~~~. p~~U . "-;. f> P[J.IB .d J ARMY CORP WETLANDS INVENTORY MAP -, LEGEND Af Alluvial land, mixed, frequently flooded Iw lsanti fine sandy loam LnA Lino loamy fine sand, 0 to 4 percent slopes Mc Marsh ShB Sartell fine sand, 2 to 6 percent slopes ShC Sartell fine sand, 6 to 12 percent slopes Se Seelyeville muck Rf Rifle mucky peat ZmA Zimmerman fme sand, 0 to 2 percent slopes 2mB Zimmerman fme sand, 2 to 6 percent slopes ZmC Zimmerman fme sand, 6 to 12 percent slopes ZmD Zimmerman fine sand, 12 to 24 percent slopes ANOKA COUNTY SOILS MAP " -' EXHIBIT .' \ ,.' '.. \.J '---' . \ tn~VlaJl: C:zx""3 illiii/:5", 0:1:1"':11:> c'" .... zc~).a ~~"'U2z "'~~~~ :II:~r:l~~ !:lcs 0-< III ~ZZ~:" o~~~!" ,., P1Z. 1:< Cz ~~Q,.,O ::!-<~J;;... O~<;:V1 ?'~~5~ rOzF ZlII p..... 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""', ""''1 w_.....________-------A- ~',. ......'!It-~~ ...--- rl , 't - ~ STATE OF [A!] [N] [g ~ @ 'IT ~ DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD . ST. PAUL. MINNESOTA . 55155-400' Rn,(+ ONR INFORM" TlON (612) 296-6157 May 1, 1995 Rodney H. Halvorson Midwest Land Surveyors 199 Coon Rapids Blvd, Coon Rapids, .MN 55433 Re: Proposed residential development, T32N R24W sections 25 & 36, Anoka County Dear Mr. Halvorson: The Minnesota Natural Heritage database has been reviewed to determine if any rare plant or animal species or other significant natural features are known to occur within an approximate one- mile radius of the above referenced project, Based on this review there is a barrens oak savanna, a cattail marsh, a tamarack swamp minerotrophic subtype, and a Rhombic-petaled evening primrose which is a plant species designated as special concern in Minnesota, within the vicinity of the proposed residential development, A map roughly showing the boundaries of the natural communities is attached, / Of most concern is the barrens oak savanna located in NE section 36, T32N R24W, I have enclosed a fact sheet on the barrens oak savanna and documentation on this natural community specific to the Bunker Lake area excerpted from Minne.<:ota'<: St. Croix River Valley and Anokil Sandplain, (1995, 0, Wovcha, B, Delaney, and G, Nordquist). An explanation of the fact sheet is attached, As the fact sheet indicates, only 2,360 acres of barrens oak savanna are known to exist at 41 locations within the St, Croix River Valley and Anoka Sandplain. Although the barrens oak savanna within the project area shows evidence of past disturbance and there has been some invasion of exotic species, this natural community is an example of habitat that is now very rare in the state, If there are any provisions for open space in your development plans we urge you to consider maintaining a portion of this community type as natural open space, Our records roughly indicate the boundaries of the barrens oak savanna. A botanist familiar with native prairie and savanna could be hired to identify the areas that are most representative of the type and least disturbed by past land use practices, The Natural Heritage database is maintained by the Natural Heritage Program and the Nongame Wildlife Program, units within the Section of Wildlife, Department of Natural Resources, It is the most complete source of data on Minnesota's rare, endangered, or otherwise significant plant and animal species, plant communities, and other natural features, and is used in fostering better understanding and protection of these rare features, The information in the database is drawn from many parts of Minnesota, and is constantly being updated, but it is not based on a comprehensive survey of the state, Therefore, there are currently many significant natural features present in the state which are not represented by the database, We are in the process of addressing this via the Minnesota County Biological Survey (MCBS), a county-by-county inventory of rare natural features, which is now underway. Because survey work has been completed for Anoka County, our information about natural communities judged to be significant by our program is quite good for that county, The MCBS survey work for rare and endangered animals and plants is less comprehensive; it is therefore possible that occurrences of these features exist in the project area for which we have no records, Because there has not been an on-site survey of the biological resources of the project area, it is possible that ecologically significant features exist for which we have no record, AN EQUAL OPPORTUNITY EMPLOYER ~ ~ - /'" Rodney H. Halvorson May 1, 1995 Page 2 Thank you for consulting us on this matter, and for your interest in minimizing impacts on Minnesota's rare resources. Please be aware that review by the Natural Heritage and Nongame Research Program focuses only on rare natural features. It does not constitute review or approval by the Department of Natural Resources as a whole. An invoice for the work completed will be forthcoming. You are being billed for map and computer search and staff scientist review. Cordially, /~/~ ~~ Jennifer Kamm Endangered Species Environmental Review Assistant Natural Heritage and Nongame Research Program 612/29~8279, FAX 612/297-4961 cc. Sharon Pfeifer nhp #950393 ?~, ,..... B",rr~{\~ OoX. ~a.J(l",,,c.... ~O.::.Cc.+tc,~\ (V'\",r~1-\. 31. :: T.,.."",c\,u.l.. \<.. ~WCl""""~ "";,,c:.ro +.0 .f'h;L ~\-'(P ~ COON RAPIDS QUADRANGLE MINNESOTA 7.5 MINUTE SERIES (TOPOGRAPHICl NE/4 ANOKA IS' QUADRANOLI> dl' , OJ ,,'" bl '\~ \. ~\ 'P-'" ,{, ,rANeE I ; .\II, '78 24 o o '- , -..... '. 15 ~~ .~- :J .:Ando'1er ,i --~ I. I '::"'--"-,. o ., '-, ~ ~ 5.., = -1\.. ., CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE october 3, 1995 Discussion Richard Fursman City Administrator APPROVED FOR AGENDA AGENDA f\D. SECTION ORIGINATING DEPARTMENT ITEM f\D. Citizens Advisory Task Force New City Hall Reports BY: -:[)VL 7. The report trom the task torce ~s not. co:np.l.et.e a." U.L. '-U.L" writing. I will be writing two reports; a majority opinion and a minority opinion. Both reports will be sent to the Council before Tuesday'S meeting. The majority of task force members wanted to review the report before giving a presentation to the Council. I will be ready to report for the Council on October 3 if desired. I will be out of town on October 17, during the next council meeting. , ) As it now stands, there are points that the whole group concurs with, and a few where they are strongly divided. '\ / MOTION BY: SECOND BY: . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION october 3, 1995 DATE AGENDA SECnON NQ Discussion ORIGINATING DEPARTMENT APPROVED Richard Fursman FOR AGENDA city Administrator ITEM Approve Revised Law NQ Enforcement Contract BY: t: ~v- The Council is requested to reconsider the law entorcement contract with Anoka County. The original proposal was in error when indicating a cost of $523,884. The error was made in computing the cost of the Community Service Officer portion of the contract. Andover is still in need of the additional officers, and approval of the revised contract is recommended. J NOTE: The COPS grant will be mailed out on October 7. I hope to hear from the grant people before the final budget is adopted in December. " , ) MOTION BY: SECOND BY: pnOPOSAL A FORTY HOURS SWORN PERSONNEL TWELVE HOURS C.S.O. 365 DA YSIYEAR 365 DA YSIYEAR I. PERSONNEL A. Sworn Deputy Sheriff 1) 8.4 Deputies at $3,381 per month .........,...,....".......,.... $340,805 2) Overtime (Average 7 hours/month per Deputy) . . , . . . . . . . . . . . . , . . . . . . , , . 20,650 B. Non-Sworn C,S.O. . . . . . . . . , . . . . . . . . . . , , , . . , . . . , . . . . . . . . . . . . . . . . , , . 35,040 C. Benefits for Sworn and Non-Sworn P,E.R.A. (Sworn) 11.4% of $325,455 ,...,................... 37,101 P.E.R.A. (Non-Sworn) 4.48% of $35,040 , , . . . . . , . . . . . . . . . , . . ., 1,570 Severance Allowance . . . . . . , . . . . . . , . . . . . . , . . . . . . . , . . . . . ,. 3,408 Unemployment Compensation .............,...,............ 852 Life Insurance ...., . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . .. 168 Health Insurance . . . . . . , . . . . . , . . . . . . . . . , . . , , . . , . . . . . . .. 28,594 Dental Insurance . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . , . .. 2,209 Long-Term Disability Insurance. . . . . . . . . . . , . . . . . . , . . . . . . . . .. 1,056 Clothing Allowance ......,.........,...............,..., 4,560 Workers Compensation ..........,..............,........ 9,772 Total Benefits ....,..................,......,....,...,......,.... 89,290 TOTAL PERSONNEL COSTS .........................,..............., $485,785 II. VEHICLE A. Police Equipped Vehicles (2) ....,...,.....,........,...,........... $40,460 B. C.S,O. Vehicle. , . . , . . . . . . . . . , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10,000 C. Maintenance Costs 1) Vehicle. . . . . , . . . . . . . . , . . . . . . . . . , . . . . . . . . . . . . . .. 19,316 2) Emergency & Communications Equipment . . . . . . . . . . . . . , . .. 864 3) Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . .. 1,350 4) Cellular Telephone. . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . .. 550 TOTAL VEHICLE COSTS ...,...............,...,..,.....,............. $72,540 III. ADMINISTRATIVE COSTS Administrative, Clerical, Etc. . . . . . . . . . . . . . . . , . . . . . . . . . . . . . , , . . . . . , . . . . . . .. $40,247 IV. TOTAL COST TO CONTRACTING MUNICIPALITY . . . . . . . . . . . . . . . . . . . , . . . $598,482 *Less Amount Received from State for Police State Aid -45,292 NET COST TO CONTRACTING MUNICIPALITY. . . . . . . . . . . . . . . . . . . . . . . . . . . .. $553,190 *This figure is determined by the State and is subject to fluctuation. The latest figure available is $5,392 per Deputy. PROPOSAL A FORTY HOURS SWORN PERSONNEL TWELVE HOURS C.S.O. 365 DA YSNEAR 365 DA YSNEAR I. PERSONNEL A. Sworn Deputy Sheriff 1) 8.4 Deputies at $3,381 per month ......................,......... $340,805 2) Overtime (Average 7 hours/month per Deputy) . . . . . . . . . . . . . . . . . . . . . . . . . 20,650 B. Non-Sworn C,S,O. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . , 8,064 C. Benefits for Sworn and Non-Sworn P.E.R.A. (Sworn) 11.4% of $325,455 ..,..................... 37,101 P.E.R.A. (Non-Sworn) 4.48% of $8,064 . . . . . . . . . . . . . . . . . . . . . . .. 361 Severance Allowance . . . . . . , . . . . . . . . , . . . . . . . . . . , . , . . . . . .. 3,408 Unemployment Compensation ...."....,................... 852 Life Insurance . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . .. 168 Health Insurance . . , . , . . . . , , . . . . . , . , . . . . . . . . . . . . . . . . . .. 28,594 Dental Insurance . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . .. 2,209 Long-Term Disability Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1,056 Clothing Allowance ........,.....,.....,......,......... 4,560 Workers Compensation .................................. 9,071 Total Benefits ...............................,................... 87,380 I TOTAL PERSONNEL COSTS .......................................... $456,899 II. VEHICLE A. Police Equipped Vehicles (2) ........,.............................. $40,460 B. C.S.O. Vehicle. . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . .. 10,000 C. Maintenance Costs 1) Vehicle. . . . . . . . . . . . . . . . . . , . .". . . . . . . . . . . . . . . . . .. 19,316 2) Emergency & Communications Equipment. . . . . . . . . . . . . . . .. 864 3) Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1,350 TOTAL VEHICLE COSTS ...........,....,....,........................ $71,990 III. ADMINISTRATIVE COSTS Administrative, Clerical, Etc. . . . . . . . . . . . . . . . . , . . . . . . . . . , . . . . . . . . . . . . , . . . .. $40,247 IV. TOTAL COST TO CONTRACTING MUNICIPALITY. . . . . . . . . . . . . . . . . . . . . . . $569,136 *Less Amount Received from State for Police State Aid -45,292 NET COST TO CONTRACTING MUNICIPALITY . , . . . . . . . . . . . . . . . , . . . . . . , . . .. $523,844 *This figure is determined by the State and is subject to fluctuation. The latest figure available is $5,392 per Deputy. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA I\Q SECTION Discussion ORIGINATING DEPARTMENT Richard Fursman City Administrator APPROVED FOR AGENDA ITEM I\Q Non-Union step Compensation Program/1996 BY:. ~ V 9. The Council is requested to conside= the attached step compensation program. If passed, the Council would no longer be asked to consider wages for each individual in the City at budget time. The only consideration each year, would relate to COLA adjustments. This material is a copy of the mate=ial sent earlier in the week. , ) \ ) MOTION BY: SECOND BY: ~'(]~C' ,:,,-.:....O.~'j ., .L ' , ~ " -- CITY of ANDOVER " 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 , J -~'~"C",.; ""'".,,,.' MEMORANDUM TO: Personnel Committee COPIEST~icnara l"ursman FROM: September 15, 199~ DATE: REFERENCE: Wage Analysis and proposal for 1996 The following information has been developed for the City Council and the Personnel Committee at the request of the Personnel Committee. Within this memo is a proposed five (5) step salary proposal based on the Stanton average. The range begins with a probationary period and works up to the Stanton average as the highest point. ... ) / For Example: Hire 79% 6 mo 82% 1 yr. 85% 2 yr. 88% 3 yr. 91% 4 yr. 94% 5 yr. 97% 6 yr. 100% Also, each position is listed with a job description and a Municipal Match Job Evaluation Guide establish by the "HayGroup" research organization. The Job Guide is used primarily to rank positions within the organization for determining salary ranking and to comply with pay equity legislation. The positions are listed from highest point value to lowest point value. CITY ADMINISTRATOR: (1292 Points) . " '. j Directs and manages all city operations within the parameters of state statute and city policy to ensure the effective and efficient operation of all city departments through a subordinate department head structure. Serves as primary liaison with the city council to inform them of relevant projects and issues, to recommend policy changes, and to communicate council decisions to appropriate city staff. Guides the development and implementation of departmental management, human resource, and labor relations policies and practices. Serves as the city's key representative in cooperative efforts with other governmental or private entities. Responds to citizen questions and complaints either directly or through appropriate personnel. Page Two / Reports to the elected mayor and council. Serves at the discretion of the city council. Exercises supervisory authority over all city employees; through a department head structure, oversees all hiring, promotion, termination, rewards, discipline, grievances, training, performance appraisal, and other employment conditions. Direct and oversees the development of an annual city budget and periodically monitors revenues and expenditures against approved budgets to ensure the soundness of city finances. Minimum Qualifications - Typically has at least five years of experience in a municipal management setting and a four year or post-graduate degree. Possesses excellent verbal and written communication skills to deal with employees and citizens in a politically sensitive environment; proficiency in financial management, budgeting, and planning. Stanton Average $70,400 Hire: Six Months 1 year 2 years 3 years 4 years 5 years 6 years $55,616 $57,728 $59,840 $61,952 $64,064 $66,176 $68,288 $70,400 Presently, 90% of the cities in Andover's stanton grouping pay the administrator/manager a car allowance, the average being $278 per month. 100% of the cities in the next tier receive a car allowance. The car allowance is allocated because of the high number of trips the administrator/manager makes on behalf of the city. The car allowance is much cheaper than providing a vehicle for the administrator. proposed for Andover $250/mo. FINANCE DIRECTOR: (677 Points) This position and salary range were determined at the time of hiring for 1996. Examples of Duties: The top finance (accounting) position. Performs high-level accounting duties in the maintenance and control of finance operations, including budget preparation, receipts and disbursements, insurance, payroll, investments and the preparation of related financial reports. Minimum Qualifications: Bachelor's degree in accounting and considerable finance/accounting experience including 2 years' supervisory experience. Stanton Average $59,600 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $47,084 $48,872 $50,660 $52,448 $54,236 $56,024 $57,812 $59,600 Page Three FIRE CHIEF: (618 POINTS) Examples of Duties: Directs and manages a wide range of departmental activities related to fire suppression and investigation, prevention education, and emergency medical response through a subordinate staff of volunteer fire fighters. Reports to the city administrator. Exercises supervisory authority over fire department personnel; effectively recommends hiring, termination, promotions, rewards, discipline, adjustment of grievances, training, performance appraisal, assignment of work and other employment conditions. Develops and implements an approved departmental annual plan and budget to control expenditures. Minimum Qualifications: Typically has at least seven years of experience in fire suppression, investigation and emergency response. Possesses in-depth knowledge of fire codes including related response and investigative techniques. Stanton Average $52,930 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $41,814 $43,402 $44,531 $46,103 $47,674 $49,246 $50,818 $52,930 CITY ENGINEER: (530 points) Mr. Erickson's salary was set for 1996 when he was hired. Examples of Duties: Overall supervision and coordination over the engineering function. Plans and implements engineering, design, construction and maintenance activities. Minimum Qualifications - Bachelor's degree in civil engineering plus 6 or more years' government engineering experience including at least two years of supervisory experience. Stanton Average: $55,800 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $44,082 $45,756 $47,430 $49,104 $50,778 $52,452 $55,800 $55,800 Page 4 PUBLIC WORKS SUPERINTENDENT: (525 points) Example of Duties: Managerial position involving second line supervision and overall responsibility for Streets, Sewer, Water, Parks and Maintenance. Delegates specific responsibilities to foremen. Minimum Qualifications - 5 or more years experience in a Street, utility, park or maintenance department, or combination, including supervisory experience. Stanton Average = $48,600 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $38,394 $39,852 $41,310 $42,768 $44,226 $45,684 $47,142 $48,600 COMMUNITY DEVELOPMENT/PLANNING DIRECTOR: (496 Points) This is a rapidly evolving position within Andover. As the City continues to grow, more emphasis will be placed on community development. The duties of the planning department have grown beyond the normal department functions. The planning director is now actively involved with, Planning, zoning, Code Enforcement, Economic Development, and is beginning to deal with various housing and senior issues. I will recommend that the City take action to adjust the position to Community Development Director, sometime in 1996, to more accurately represent the functions of the department. stanton Average = $48,900 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $38,631 $40,098 $41,565 $42,543 $44,499 $45,966 $47,433 $48,900 CHIEF BUILDING OFFICIAL: (362 Points) Example of Duties: Highest level building inspection official designated by statute. Responsible for the administration of the building codes and all permits issued by the department. Interprets building codes for the City and the public. Minimum Qualifications: Significant experience in building plumbing, heating or electrical inspection experience. State certified building official. / Page 5 stanton Average $46,200 I Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $36,498 $37,884 $39,270 $40,656 $42,042 $43,428 $44,814 $46,200 ENGINEER-INTERMEDIATE/PARK COORDINATOR: (342 Points) Examples of Duties: plans and supervises all levels of professional civil engineering work in the design, construction or maintenance of engineering projects. Minimum Qualifications: Bachelor's degree or higher in civil engineering or equivalent, plus broad government engineering experience and ability to supervise. Stanton Average: $47,100 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $37,209 $38,622 $40,035 $41,448 $42,861 $44,274 $45,687 $47,100 TREASURER (ACCOUNTANT-INTERMEDIATE): (332 points) Example of Duties: Level of management immediately below the finance director. Performs advanced level accounting duties in the control of City finance operations, including disbursements, insurance and tax. Has various supervisory functions. Minimum Qualifications: Bachelor's degree in accounting, and broad finance/accounting experience. Stanton Average = $43,400 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $34,286 $35,588 $36,890 $38,192 $39,494 $40,796 $42,098 $43,400 MAINTENANCE SUPERVISOR: (320 points) .' Example of Duties - First-level supervision over work crews. Assigns, supervises and directs the work of crews in Street, utilities, park and maintenance. Inspects work. Keeps records of time and materials used. Minimum Qualifications - 3-5 years' experience in a Street, Highway, utilities, park or Maintenance department. Page 6 street Department Sewer and Water Department Parks Department / stanton Average = $42,500 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $33,575 $34,850 $36,125 $37,400 $38,675 $39,950 $41,225 $42,500 CITY CLERK: (312 points) Examples of Duties: Duties are a combination of clerical support, record-keeping, administrative detail and inter-function organizing. Personally performs or directs the performance of duties associated with voter registration, election arrangements, official records, licenses etc., as required by law. Stanton Average = $41,551 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $32,825 $34,071 $35,318 $36,564 $37,811 $39,057 $40,304 $41,551 BUILDING INSPECTOR (262 points) Example of duties: Full-performance inspection work involving the enforcement of laws and regulations concerning the building codes. Requires inspection of construction footings and substructures, framing, heating and ventilation, water and sewer systems, electrical wiring. Assists homeowners and contractors in the interpretations of various building codes. Minimum Qualifications: 2-3 years' building, plumbing, heating or electrical inspection experience. Stanton Average = $40,716 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $32,165 $33,387 $34,608 $35,830 $37,051 $38,273 $39,494 $40,716 Page 7 CODE ENFORCEMENT/ZONING: (212 points) Examples of Duties: Primary responsibility involves all phases of inspection, investigation, enforcement and public education related to the zoning code of Andover. Has also been heavily involved with grant research, computer work and other assignments as requested. Minimum Qualifications - Bachelor's degree, and thorough understanding of zoning laws and procedures. stanton Average = $33,000 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $26,070 $27,060 $28,050 $29,040 $30,030 $31,020 $32,010 $33,000 SECRETARY A: (177 Points) Example of Duties: Highly skilled secretarial position requiring keyboarding, detailed knowledge, experience and frequent use of judgment in performing personalized secretarial duties. Performs broad varied secretarial duties and other responsibilities to relieve supervisor of administrative detail. Minimum Qualifications: 5-6 years of secretarial work experience with advanced knowledge or departmental operations and policies. Stanton Average = $29,357 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $23,192 $24,072 $24,953 $25,834 $26,714 $27,595 $28,476 $29,357 ACCOUNTING CLERK: (169 Points) Examples of Duties: Top clerical level position, performing the most complex responsibilities assigned to other than graduate accounting majors. Responsible for several phases of the accounting related records. General Accounting, balancing accounts and journalizing transactions where judgement must be used. Focus will shift to asset based accounting which is a new feature for 1996. Minimum Qualifications: 1 year of post high school training in accounting principles and 4+ years of general accounting experience. Page 8 stanton Average = $31,173 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $24,626 $25,561 $26,497 $27,432 $28,367 $29,302 $30,237 $31,173 PAYROLL CLERK: (169 Points) Example of Duties: Ensures the payroll is processed in a timely and accurate manner, assuring accounting distribution, governmental reporting/compliance, and the preparation of necessary deductions. updates payroll system. Minimum Qualifications: Bookkeeping/accounting coursework at the High School level with a minimum of 2 years' office experience and 1-2 years' experience with financial records/payroll. Stanton Average = $30,213 . / Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $23,868 $24,774 $25,681 $26,587 $27,493 $28,400 $29,306 $30,213 SECRETARY B: (122 points) Examples of Duties: Intermediate secretarial position requiring good working knowledge of department operations. Performs varied secretarial duties such as screening mail, handling telephone calls, setting up files and records, and preparation of routine reports. Requires only general supervision when special projects are assigned. operates word processing and computer. Minimum qualifications: 2-4 years of secretarial work experience. Stanton Average = $25,662 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $20,272 $21,042 $~1,812 $22,582 $23,352 $24,122 $24,892 $25,662 Page 9 SWITCHBOARD OPERATOR/RECEPTIONIST (104 Points) / Examples of Duties: Receives and directs telephone calls or visitors to the appropriate department, location or person. provides clerical or technical backup of a limited nature (e.g., mail sorting) requiring basic knowledge of specific department operations. Minimum requirements: Job knowledge is typically acquired through two to three months of on-the-job training and experience. Stanton Average = $21,736 Hire Six Months 1 year 2 years 3 years 4 years 5 years 6 years $17,171 $17,823 $18,475 $19,127 $19,779 $20,431 $21,083 $21,736 NEW HIRE - CONSTRUCTION ENGINEER 1996 WAGE + Overtime $45,000 PART-TIMERS: Recycling Coordinator from $10,974 to $12,247 / Recycling Maintenance from $2,483 to $2,570 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION october 3, 1995 DATE ~ENDA D~~<2:1l9~i on O~I~~+~INRt r2~~~RTMENT APPROVED City Administrator FOR AGENDA ITE" HJ.re Secretary 'B' --r:r9l) r-n ~ /d. PROPOSAL TO INCREASE STAFF (SECRET~~lY B) A new proposal to add support staff was shared with the personnel committee. The new idea allows the hiring of a secretary B position with much less impact on t:1e City budget than originally planned. The person hired would do the follo"Ting tasks: Support for Administrator: Support for Finance: Take over minutes: 60% 15% 25% ; Andover presently spends approximat~ly $ll,OOO/year on the contract with Marcie Peach to do Mi~utes. This contract can be closed at any time with a 60 day wr,tten notice. If a full time staff secretary were hired as reque~ted, the budget impact would be as follows: First year total wages Less work for EDA Less contract for Minutes IMPACT ON GENERAL FUND BUDGET $21,400 ($3,852) ($11,000) $6,548 (wages only) This would be a relatively painless way to add critically needed support with an acceptable impact 0- the budget. NOTE: This recommendation has noth~ng to do with the quality of work done by Ms. Peach. The need for additional support staff is at a critical level This is just one way of doing it without severely di~rupting the budget. , i ) MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACflON October 3, 1995 DATE Discussion Finance APPROVED FOR AGENDA AGENDA NJ. SECTION ORIGINATING DEPARTMENT ITEM NJ. Computer update ~ ~ Jean D. McGann Finance Director v II. , On September 27, 1995 bids were clos~d on the new computer hardware/software and voice mail sys~em. We were very disappointed with the r~sults. We received one bid for the financial accounting softwar~ and one bid for the voice mail system. We did not receive any bids for the hardware, office applications or specialized software. The City Council can either request ~hat we rebid the entire system or parts thereof, have City s~aff obtain quotations from vendors or make another recommendation for proceding on this project. / In accordance with state statutes, staff would recommend obtaining quotations from vendors for purchase of the new computer hardware/software and voice mail sys~em. \ ) MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA t-O. SECTION EDA Discussion ORIGINATING DEPARTMENT Richard Fursman City Administrator APPROVED FOR AGENDA ITEM t-O. M.R. Olson Property Approve purchase BY: .J. JYl /,..2 . The EDA is requested to authorize t .8 President and Executive Director to enter into a purchase a reement for the property held by M.R. Olson for the amount c $390,000. The appraisal done on the property ndicated a value of $400,000. The discovery of some unbuildable a:eas on the property has caused the City to lower the offer ~o $390,000. The phase one environmental and the soil testing did NOT indicate any unacceptable levels of toxin in the environs. I , ) MOTION BY: SECOND BY: PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the "Agreement") is made and effective as of ~~ , 1995, by and between M, R, Olson ("Seller") and the Andover Economic Development Authority, a body corporate and politic ("Buyer"), RECITALS: WHEREAS, the Buyer is desirous of purchasing property owned by the Seller within the Andover Tax Increment Financing District No, 1-1 for the purpose of redevelopment; and WHEREAS, the Seller has agreed to sell certain property that he owns within said Financing District. NOW, THEREFORE, in consideration of the amount of One ($1,00) Dollar paid by Buyer to Seller, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the foregoing Recitals, the mutual promises of the parties hereto and the mutual benefits to be gained by the performance hereof, Seller and Buyer agree as follows: 1, Sale, Subject to the terms, conditions, covenants and provisions of this Agreement, Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the real property located in Anoka County, Minnesota, legally described as: (hereinafter referred to as the "Property"). 2, Purchase Price, In consideration of the transfer of the Property to Buyer described in Paragraph 1, Buyer shall pay the sum of Three Hundred Ninety , I Thousand and no/100 ($390,000,00) Dollars, Said amount shall be paid as follows: -1- (a) Three Hundred Ninety Thousand and no/100 ($390,000,00) Dollars on or before the Date of Closing; " 3, Marketable Title, Subject to the full performance by Buyer, Seller agrees to execute and deliver or cause to be delivered a Warranty Deed and any other documents necessary to fulfill the terms of this Agreement, The Warranty Deed shall convey marketable title to the Property, subject to the following exceptions: (a) Laws, ordinances and State and Federal regulations; (b) Restrictions relating to use or improvement of premises without effective forfeiture provision; and (c) Reservation of any minerals or mineral rights to the State of Minnesota, 4, Real Estate Taxes and Soecial Assessments, Seller shall pay the real estate taxes and special assessments due in the year 1994 and prior years, The parties agree that the real estate taxes and special assessments due and payable in ). the year 1995 shall be prorated to the date of closing, Buyer shall pay all of the real estate taxes and special assessments due in 1996 and all years thereafter, 5, Title, (a) Commitment or Abstract. Seller shall, within a reasonable period of time after approval of this Agreement, furnish Buyer with one of the following, at Seller's sole discretion: (i) a Commitment for the issuance of an AL T A owner's policy of title insurance issued by a title insurance company licensed to do business in the State of Minnesota ("Title Company") in the full amount of the Purchase Price (the "Commitment"); (ii) an Abstract of Title; or (iii) a Registered Property Abstract, (b) Examination of Title: Obiection: Sellers' Election, Buyer shall be allowed twenty (20) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived, If any objections are so made, Seller shall have ten (10) business days following receipt of Buyer's title objections to either elect to: (i) proceed to make the title marketable or (ii) terminate this Agreement, Seller shall notify Buyer of its election in writing prior to the expiration of such ten-day period, In the event Seller / -2- '. elects to terminate this Agreement, Buyer shall execute and deliver to Seller a quit claim deed for the Property in favor of Seller in exchange for return of its earnest money within ten (10) days after receiving the termination notice, Thereafter, the parties shall have no further obligations under this Purchase Agreement. (c) Title Not Made Marketable, If said title is not marketable and is not made so within one hundred twenty (120) days from the date of written objections thereto as above provided, Buyer, at its option, may: (i) Declare this Agreement null and void, in which event: (a) Seller shall promptly thereafter refund to Buyer the Earnest Money; (b) Buyer shall execute and deliver to Seller a quit claim deed for the Property in favor of Seller within ten (10) days from the expiration of the one hundred twenty (120) day period; and (c) Buyer shall have no further remedies or causes of action against Seller; or (ii) Waive the objection to marketability of title and proceed to closing, (d) Title Made or Found Marketable, If the title to the Property is found to be marketable or is so made within said one hundred twenty (120) day period, and Buyer shall default in any of the agreements and continue in default for a period of ten (10) days, then and in that case the Seller may, at its option, terminate this Agreement and on such termination all the payments made upon this contract shall be retained by said Seller, as liquidated damages, or enforce any of Seller's remedies as described in this Agreement, time being of the essence hereof, 6, Continaencies, This Purchase Agreement is contingent upon the following items: (a) Acceptance of this Purchase Agreement by the Andover Economic Development Authority; (b) Seller removing all equipment, office furniture, automobiles, and all other personal property located upon the premises prior to the Date of Closing; (c) Termination of all leases with tenants who are currently occupying all or part of the property prior to the Date of Closing and such tenants having vacated said premises prior to such date. In the event anyone of the above contingencies have not been satisfied on the Date of Closing, this Agreement shall be voidable at the option of the Buyer, -3- 7, Default, (a) Default bv Seller, In the event that Seller should fail to consummate the transactions contemplated herein for any reason, except for a default by Buyer, Buyer may: (i) Terminate this Agreement, in which event the earnest money shall forthwith be returned to Buyer; or (ii) Enforce the specific performance of this Agreement and, in such action, shall have the right to recover damages suffered by Buyer by reason of the delay in the acquisition of the property provided that such action is commenced within six (6) months of the date of this Agreement; or (iii) Bring suit for damages for breach of this Agreement, / No delay or omission in the exercise of any right or remedy accruing to Buyer upon any breach by Seller under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring, The waiver by Buyer of any condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained, All rights, power, options or remedies afforded to Buyer either hereunder or by law shall be cumulative and not alternative, and the exercise of one right, power, option or remedy shall not bar other rights, powers, options or remedies allowed herein or by law, (b) Default bv Buver. In the event that Buyer should fail to consummate the transactions contemplated herein for any reason, except for a default by Seller, Seller may: (i) Enforce the specific performance of this Agreement and, in such action, shall have the right to recover damages suffered by Seller by reason of the delay in the sale of the Property; or (ii) Bring suit for damages for breach of this Agreement; or (iii) Cancel this Purchase Agreement and retain the earnest money. j No delay or omission in the exercise of any right or remedy accruing to Seller upon any breach by Buyer under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring, The waiver by Seller of any condition or of any subsequent breach of the same or any other term, covenant, -4- or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained, All rights, powers, options or remedies afforded to Seller either hereunder or by law shall be cumulative and not alternative, and the exercise of one right, power, option or remedy shall not bar other rights, powers, options or remedies allowed herein or by law. 8, Miscellaneous, (a) Notice: Deliverv, Any notice given under this Agreement shall be deemed given on the date the same is hand delivered to the following addresses or is deposited in the United States mail, registered or certified, postage prepaid, addressed as follows: To Seller: M, R. Olson To Buyer: Andover Economic Development Authority 1685 Crosstown Blvd Andover, MN 55304 All documents to be delivered shall be delivered to the above addresses, (b) Interoretation, All previous negotiations and understandings between the parties or their respective agents and employees, with respect to the transactions set forth herein are merged in this Agreement which alone fully and completely expresses the parties' rights, duties and obligations; and this Agreement constitutes the entire understanding between the parties, This Agreement may be amended or modified only in writing signed by both parties, All conditions precedent to Seller's performance hereunder and all options in favor of Seller hereunder to terminate this Agreement are for the sole benefit of Seller and, as such, may be unilaterally waived by Seller, That this sale was made under the threat of eminent domain by the City of Andover in the event acquisition was not accomplished through negotiation, (c) Headinqs, The headings in this Agreement are inserted for convenience only and shall not constitute a part hereof, (d) Assiqnment, Neither party may assign its rights and interest in this Agreement without the prior written consent of the other party, (e) Time, Time shall be of the essence hereof, -5- (f) Governina Law, This Agreement and all documents executed in connection herewith or pursuant to the terms hereof shall be governed by and construed in accordance with the provisions of the laws of the State of Minnesota. (g) Counteroarts, This Agreement and any amendments to this Agreement may be executed in counterparts, each of which shall be fully effective and all of which together shall constitute one and the same instrument, (h) Third Party Beneficiarv, There are no third party beneficiaries of this Agreement, intended or otherwise, (i) No Joint Venture, Seller, by entering into this Agreement and consummating the transactions contemplated hereby, shall not be considered a partner or joint venturer of Buyer. (j) Severabilitv, In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein, I 9, Closinq, The closing on the sale of the conveyance of the Property from Seller to Buyer shall take place on November 1, 1995 or such other time as the parties may agree. 10. Place of Closinq, The closing shall be held at the offices of William G, Hawkins, 299 Coon Rapids Boulevard, Suite 101, Coon Rapids, Minnesota, 11, Relocation Benefits, Seller waives any and all rights he may have for relocation benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Minnesota Statute ~ 117 or any other similar laws which may grant to Seller such rights for reimbursement of relocation costs from the Buyer, It is agreed that the compensation set out herein for the purchase of such property includes any and all relocation benefits Seller may be entitled to receive, J Furthermore, Seller shall be responsible for payment of any relocation benefits under -6- said laws which may be due tenants that are leasing any portion of the property, Seller agrees to pay and indemnify Buyer from any such claims for any relocation benefits claimed by such tenants under the Uniform Relocation Assistance laws, Minnesota Statute ~ 117 or any other similar act granting tenants the right for such claims, Seller shall provide, at closing, a waiver or satisfaction of all relocation benefits by any tenants currently on the property at the time of closing, 12, Hazardous Substances. Seller represents, warrants and covenants that, to the best of his knowledge, the mortgaged property has not been used or involved in the release, handling, storage, or disposal of hazardous substances, For purposes of this Purchase Agreement, hazardous substance means: (a) hazardous waste, toxic substances, polychlorinated bithenyls, asbestos or related materials, petroleum, including crude oil or any fraction thereof, natural gas, natural gas liquids, liquified natural gas, synthetic gas usable for fuel or mixtures thereof; (b) substances defined as hazardous substances, or toxic substances in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 USC ~ 9602, Hazardous Materials Transportation Act 42 USC ~ 6901, Toxic Substance Control Act, 15 USC ~ 2602, or any hazardous substance, hazardous waste, pollutant or contaminant in the Environmental Response and Liability Act, Minnesota Statute ~ 115B,01, and (c) any other hazardous substance, hazardous waste, pollutant, contaminant, ortoxic substance the release, handling, storage or disposal of which is regulated or governed by any law, regulation, code ordinance now existing, IN WITNESS WHEREOF, the parties hereto have set their respective hands as of the effective date first written above, -7- SELLER: M, R, OLSON By M, R, Olson BUYER: ANDOVER ECONOMIC DEVELOPMENT AUTHORITY / -8- By J, E, McKelvey, President By~cf!Jl1:{~ I hard F, Fursman Executive Director CITY OF ANDOVER REQUEST FOR COUNCIL ACTION October 3, 1995 DATE AGENDA t-O SECTION EDA Discussion ORIGINATING DEPARTMENT Richard Fursman City Administrator APPROVED FOR AGENDA ITEM t-O Andover Auto Parts Approve Purchase BY: Jr1cL /.3 . The EDA is requested to authorize tie President and Executive Director to enter into a purchase agreement for Andover Auto Parts for the amount of $259,605 p1~s special assessments. The following is a breakdown of the costs in the agreement: 1. unpaid balance of special asses~ments improvement project 92- 27. Years 1996 and thereafter. ...........$130,172 , I 2. Unpaid balance of special asseS3ments improvement project 87- 2. Years 1996 and thereafter.. -........... .$10,223 3. Purchase price for property............... .$259,605. If there are any questions please c~ntact me. \ / MOTION BY: SECOND BY: " ) PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the "Agreement") is made and effective as of , 1995, by and between BBP Investment, Inc, ("Seller") and the Andover Economic Development Authority, a body corporate and politic ("Buyer"), RECITALS: WHEREAS, the Buyer is desirous of purchasing property owned by the Seller within the Andover Tax Increment Financing District No, 1-1 for the purpose of redevelopment; and WHEREAS, the Seller has agreed to sell certain property that he owns within said Financing District, NOW, THEREFORE, in consideration of the amount of One ($1,00) Dollar paid by Buyer to Sellers, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the foregoing Recitals, the mutual promises of the parties hereto and the mutual benefits to be gained by the performance hereof, Seller and Buyer agree as follows: 1, Sale, Subject to the terms, conditions, covenants and provisions of this Agreement, Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the real property located in Anoka County, Minnesota, legally described as: See Exhibit A attached hereto and made a part hereof (hereinafter referred to as the "Property"), 2, Purchase Price, In consideration of the transfer of the Property to Buyer described in Paragraph 1, Buyer shall pay the sum of Two Hundred Fifty-nine Thousand Six Hundred Five and no/1 00 ($259,605,00) Dollars, Said amount shall be ) paid as follows: -1- (a) Five Thousand and no/1 00 ($5,000.00) Dollars earnest money, which shall be deposited and remain in the trust account of the Seller's attorney until closing; ) (b) Two Hundred Fifty-four Thousand Six Hundred Five and no/100 ($254,605,00) Dollars on or before the Date of Closing; 3, Marketable Title, Subject to the full performance by Buyer, Seller agrees to execute and deliver or cause to be delivered a Warranty Deed and any other documents necessary to fulfill the terms of this Agreement, The Warranty Deed shall convey marketable title to the Property, subject to the following exceptions: (a) Laws, ordinances and State and Federal regulations; (b) Restrictions relating to use or improvement of premises without effective forfeiture provision; and (c) Reservation of any minerals or mineral rights to the State of Minnesota, 4, Real Estate Taxes and Soecial Assessments. Seller shall pay the real estate taxes and speCial assessment installments due in the year 1995 and prior years. The Buyer shall pay the real estate taxes and special assessment installments due in 1996 and thereafter, 5, Title, (a) Commitment or Abstract, Seller shall, within a reasonable period of time after approval of this Agreement, furnish Buyer with one of the following, at Seller's sole discretion: (i) a Commitment for the issuance of an ALTA owner's policy of title insurance issued by a title insurance company licensed to do business in the State of Minnesota ("Title Company") in the full amount of the Purchase Price (the "Commitment"); (ii) an Abstract of Title; or (iii) a Registered Property Abstract. (b) Examination of Title: Obiection: Seller's Election, Buyer shall be allowed twenty (20) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived, If any objections are so made, Seller shall have ten (10) business days following receipt of Buyer's title objections to either elect to: (i) proceed to make the title marketable or , / -2- , I (ii) terminate this Agreement, Seller shall notify Buyer of its election in writing prior to the expiration of such ten-day period, In the event Seller elects to terminate this Agreement, Buyer shall execute and deliver to Seller a quit claim deed for the Property in favor of Seller in exchange for return of its earnest money within ten (10) days after receiving the termination notice, Thereafter, the parties shall have no further obligations under this Purchase Agreement, (c) Title Not Made Marketable, If said title is not marketable and is not made so within one hundred twenty (120) days from the date of written objections thereto as above provided, Buyer, at its option, may: (i) Declare this Agreement null and void, in which event: (a) Seller shall promptly thereafter refund to Buyer the Earnest Money; (b) Buyer shall execute and deliver to Seller a quit claim deed for the Property in favor of Seller within ten (10) days from the expiration of the one hundred twenty (120) day period; and (c) Buyer shall have no further remedies or causes of action against Seller; or (ii) Waive the objection to marketability of title and proceed to closing, (d) Title Made or Found Marketable, If the title to the Property is found to be marketable or is so made within said one hundred twenty (120) day period, and Buyer shall default in any of the agreements and continue in default for a period of ten (10) days, then and in that case the Seller may, at its option, terminate this Agreement and on such termination all the payments made upon this contract shall be retained by said Seller, as liquidated damages, or enforce any of Seller's remedies as described in this Agreement, time being of the essence hereof, 6, Contingencies, This Purchase Agreement is contingent upon the following items: (a) Acceptance of this Purchase Agreement by the Andover Economic Development Authority; (b) Buyer obtaining, at Buyer's expense, soil tests which indicate that the Property may be improved without extraordinary building methods or costs; (c) Buyer obtaining, at Buyer's expense, percolation tests which are acceptable to Buyer; -3- , (d) Seller removing all equipment, automobiles, trucks, and all other personal property located upon the premises prior to the Date of Closing owned by Seller; ) (e) Buyer entering into a lease upon terms that are satisfactory, in the sole opinion of the Buyer, with the current tenant on the property, In the event anyone of the above contingencies have not been satisfied on the Date of Closing, this Agreement shall be voidable at the option of the Buyer, 7, Default. (a) Default bv Seller, In the event that Seller should fail to consummate the transactions contemplated herein for any reason, except for a default by Buyer, Buyer may: (i) Terminate this Agreement, in which event the earnest money shall forthwith be returned to Buyer; or (ii) Enforce the specific performance of this Agreement and, in such action, shall have the right to recover damages suffered by Buyer by reason of the delay in the acquisition of the property provided that such action is commenced within six (6) months of the date of this Agreement; or '. ) (iii) Bring suit for damages for breach of this Agreement, No delay or omission in the exercise of any right or remedy accruing to Buyer upon any breach by Seller under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring, The waiver by Buyer of any condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained, All right, powers, options or remedies afforded to Buyer either hereunder or by law shall be cumulative and not alternative, and the exercise of one right, power, option or remedy shall not bar other rights, powers, options or remedies allowed herein or by law, (b) Default bv Buver, In the event that Buyer should fail to consummate the transactions contemplated herein for any reason, except for a default by Seller, Seller may: j -4- / (i) Enforce the specific performance of this Agreement and, in such action, shall have the right to recover damages suffered by Seller by reason of the delay in the sale of the Property; or (ii) Bring suit for damages for breach of this Agreement; or (iii) Cancel this Purchase Agreement and retain the earnest money, No delay or omission in the exercise of any right or remedy accruing to Seller upon any breach by Buyer under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring, The waiver by Seller of any condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained, All rights, powers, options or remedies afforded to Seller either hereunder or by law shall be cumulative and not alternative, and the exercise of one right, power, option or remedy shall not bar other rights, powers, options or remedies allowed herein or by law, 8, Miscellaneous, / (a) i Notice; Deliverv, Any notice given under this Agreement shall be deemed given on the date the same is hand delivered to the following addresses or is deposited in the United States mail, registered or certified, postage prepaid, addressed as follows: To Seller: BBP Investment, Inc. To Buyer: Andover Economic Development Authority 1685 Crosstown Blvd Andover, MN 55304 All documents to be delivered shall be delivered to the above addresses, (b) Interoretation, All previous negotiations and understandings between the parties or their respective agents and employees, with respect to the transactions set forth herein are merged in this Agreement which alone fully and completely expresses the parties' rights, duties and obligations; and this Agreement constitutes the entire understanding between the parties, This Agreement may be amended or modified only in writing signed by both parties, All conditions precedent to Seller's performance hereunder and all options in favor of Seller hereunder to terminate this -5- / (c) (d) (e) Agreement are for the sole benefit of Seller and, as such, may be unilaterally waived by Seller, That this sale was made under the threat of eminent domain by the City of Andover in the event acquisition was not accomplished through negotiation, Headinos, The headings in this Agreement are inserted for convenience only and shall not constitute a part hereof, Assionment, Neither party may assign its rights and interest in this Agreement without the prior written consent of the other party. Time, Time shall be of the essence hereof, (f) Governing Law, This Agreement and all documents executed in connection herewith or pursuant to the terms hereof shall be governed by and construed in accordance with the provisions of the laws of the State of Minnesota. (g) Counteroarts, This Agreement and any amendments to this Agreement may be executed in counterparts, each of which shall be fully effective and all of which together shall constitute one and the same instrument, (h) Third Partv Beneficiarv, There are no third party beneficiaries of this Agreement, intended or otherwise, (i) No Joint Venture. Seller, by entering into this Agreement and consummating the transactions contemplated hereby, shall not be considered a partner or joint venturer of Buyer, (j) Severabilitv, In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 9, Closino. The closing on the sale of the conveyance of the Property from Seller to Buyer shall take place on January 9, 1996, 10, Place of Closino, The closing shall be held at the offices of William G, Hawkins, 299 Coon Rapids Boulevard, Suite 101, Coon Rapids, Minnesota, ) / -6- 11, Relocation Benefits, Seller waives any and all rights they may have for / relocation benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Minnesota Statute ~ 117 or any other similar laws which may grant to Seller such rights for reimbursement of relocation costs from the Buyer, It is agreed that the compensation set out herein for the purchase of such property includes any and all relocation benefits Seller may be entitled to receive. 12, Hazardous Substances, Seller represents, warrants and covenants that to the best of his knowledge the mortgaged property has not been used or involved in the release, handling, storage, or disposal of hazardous substances, IN WITNESS WHEREOF, the parties hereto have set their respective hands as of the effective date first written above, I SELLER: BBP INVESTMENT, INC, By Its BUYER: ANDOVER ECONOMIC DEVELOPMENT AUTHORITY By J, E, McKelvey, President By Richard F, Fursman Executive Director -7- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA t-O SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA .- - , - . Scot~ Eri~kson~( Eng~neenng (}I L ITEM t-O Declare Cost/Order Assessment Roll/94-6/Hartfiel's Estates BY: ~t- /-1. The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of sanitary sewer, watermain, storm sewer and streets for Project 94-6, Hartfiel's Estates. The assessment worksheet and resolution will be provided at the meeting. / J MOTION BY: SECOND BY: AGENDA NJ. SECTION CITY OF ANDOVER REQUEST FOR COUNCIL ACTION u. "'~ ~~,.~~; ~~ T"~~ ITEM NJ. Set Hearing for Proposed Assessment/94-6/Hartfiel's Estates /..5: october 3, 1995 DATE ORIGINATING DEPARTMENT scot~ Eri~kson~l( Eng~neerlng a'L APPROVED FOR AGENDA FN~ . ~ L 'jrv- The city Council is requested to approve the resolution for hearing on proposed assessment for the improvement of ?roject 94-6, Hartfiel's Estates: J I MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. j MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 94-6 WHEREAS, by a resolution passed by the City Council on October 3 , 19~, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 94-6 ; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, MN: 1. A hearing shall be held the 7th day of November, 1995, in the City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be jiven to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed ~ay at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember and adopted by the City Council at a regular Meeting this 3rd day of October 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA r-.o. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA ?>.Tnn _ni c:cussion Item Scott Erickson, Engineering JJ~ ITEM r-.o. Declare Cost/Order Assessment Roll/94-3/140th Lane BYv /c,. The City Council is req~~~te~_t:()__~PPE~ve the resolution declaring cost and directing preparation of assessment roll for the improvement of storm sewer and streets for Project 94-3, 140th Lane NW. The assessment worksheet and resolution will be provided at the meeting. I " . MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA t--O SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA l\T"n__T'l;~- ~~'''n Th,rn Scot~ Eri~kson, I( Eng~neer~ng Cj ITEM t--O Set Hearing for proposed Assessment/94-3/140th Lane /7. y The City Council is requested to approve the resolution for hearing on proposed assessment for the improvement of Project 94-3, 140th Lane NW. , ) .' \ / . MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. / MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 94-3 WHEREAS, by a resolution passed by the City Council on October 3 , 19 95 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 94-3 i and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, MN: 1. A hearing shall be held the 7th day of November, 1995, in the City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice ,the total cost of improvement. She shall also ~ause mailed notice to be ,given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed ~ay at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from t~e adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember and adopted by the City Council at a regular Meeting this 3rd day of October , 1922-, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION October 3, 1995 DATE AGENDA SECnON NQ Non-Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NQ Approve Supplemental Feasibility Report/94-33/Commercial Blvd. Extension Scott ~rick~on, ^~ Eng~neenng r1J BY: IY The City Council is requested to approve the Supplemental Feasibility Report for the extension of Commercial Boulevard, City Project 94-33. The Supplemental Feasibility Report has been provided to reflect the construction of Commercial Boulevard and does not include Nightingale Street as identified in the original feasibility report. I MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA r-n SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA ...__ n'__..__'....,.., ,+- T+-om 3cot~ Eric::kson, j( Eng~neenng cjL ITEM r-n Declare Cost/Order Assessment Roll/93-10/SuperAmerica v /7'. The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of sanitary sewer, watermain an~ storm sewer for Project 93-10, SuperAmerica. The assessment worksheet and resolution will be provided at the meeting. ) \ ) MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION October 3, 1995 DATE AGENDA to SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA scot~ Eri~ksonfll Eng~neenng rp l Non-Discussion/Consent Item ITEM to Set Hearing for Proposed Assessment/93-10/SuperAmerica ~ d)O, The City Council is requested to approve the resolution for hearing on proposed assessment for the improvement of project 93-10, SuperAIl.lerica. / \ ; MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 93-10 WHEREAS, by a resolution passed by the City Council on september 19, 19~, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 93-10 i and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, ~N: 1. A hearing shall be held the 7th day of November. 1995, in the City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice ,the total cost of improvement. She shall also cause mailed notice to be ,given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember and adopted by the City Council at a regular Meeting this 3rd day of October , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passEd. CITY OF ANDOVER JATTEST: J. E. McKelvey - Mayor victoria volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACflON October 3, 1995 DATE AGENDA N:l SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Item .3cot~ Eri~kson, /{' EngJ.neenng CjJl ITEM N:l Declare Cost/Order Assessment Roll/94-5/SuperAmerica w- 0:>/. The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of sanitary sewer, watermain and storm sewer for project 94-5, SuperAmerica. The assessment worksheet and resolution will be provided at the meeting. J , J MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA I'n SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA scot~ Eri<;kson1( Englneenng rjj Non-Discussion/Consent Item ITEM I'n Set Hearing for proposed Assessment/94-5/SuperAmerica ~ C?~. The City Council is requested to approve the resolution for hearing on proposed assessment for the improvement of Project 94-5, SuperAmerica. \ I ) MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. I MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 94-5 WHEREAS, by a resolution passed by the City Council on September 19, 19 95 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 94-5 ; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, MN: 1. A hearing shall be held the 7th day of November, 1995, in the City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice ,the total cost of improvement. She shall also cause mailed notice to be ,Jiven to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember and adopted by the City Council at a regular Meeting this 19th day of September , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF AND8VER ATTEST: J. E. McKelvey - Mayor victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION October 3, 1995 DATE AGENDA t-n SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Item Scott Erickson, Engineering ~'L ITEM t-n Declare Cost/Order Assessment Roll/94-18/Section 22 v .;73. The City Council is requested to approve th~ resolution declaring cost and directing preparation of assessment roll for the improvement of trunk sanitary sewer and tru~k watermain for Project 94-18, Section 22. The assessment worksheet and resolution will be provided at the meeting. , I MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3. 1995 AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Item Scott Erickson, Engineering ~ ~ ~ ITEM f\O. Set Hearing for Proposed Assessment/94-18/Section 22 dt/. The City Council is requested to approve the resolution for hearing on proposed assessment for the improvement of Project 94-18, Section 22. I / " J MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \ ) RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 94-18 WHEREAS, by a resolution passed by the City Council on September 19, 19 95 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 94-18 ; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, ~N: 1. A hearing shall be held the 7th day of November, 1995, in the City Hall at 7:00 P.M. to pass upon such proposeCfassessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice ,the total cost of improvement. She shall also cause mailed notice to be ,given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. . MOTION seconded by Councilmember and adopted by the City Council at a regular Meeting this 3rd day of October , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 'ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE October 3. 1995 AGENDA tn SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Item ITEM tn Approve Change Order #1/94-32/ well #5 scott,Eric~son,\\ E:1gl.neenng '1;;"'- BY:' \u y~C/ eXS. The City Council is requested to approve Change Order #1 in the amount of -$4,287.00 for Well #5, Project 94-32. \ ) \ J MOTION BY: SECOND BY: / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER il TO PROJECT 94-32, WELL i5. WHEREAS, the City of Andover has a contract for project 94-32 with E.H. Renner and Sons, Inc. of Elk River, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve change Order No.1. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of October , 19 95 , with Cou~cilmembers '. voting in favor of the resolution, and Councilmembers / voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk ) / // ~HANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-P1anners Saint Pau1, MN AU9Ust 30 19 95 Cnmm No.10833-01 Change Order No. 1 To E H Renner and Sons for Construction of Well No 5 for City of Andover. Minnesota You are hereby directed to Aori1 4. is subject to all contract (decrease) Two Hundred Ei9htv Seven make the following change to your contract dated , 19~. The change and the work affected thereby stipulations and covenants. This Change Order will the contract sum by -Four Thousand and no/100------- Dollars ($ -4,287 00 ) . 1. video Tape The Well. +1,206.00 2. Compensating Change Order (Adjusts Contract Price Per Actual Units Installed). -5,493,00 -4,287.0 Net Change $ $ $ $ $ $ 73 440 00 o 00 o 00 73.440.00 4,287 00 69.153,00 Amount of Original Contract Additions approved to date (Nos. Deductions approved to date (Nos, Contract amount to date Amount of this Change Order (Deduct) Revised Contract Amount Date TOLT~~G, DUVALL, ANDERSON :D 0l;] ?~ David L. Moore Approved Owner By Appr=e'~) ?= 7-.- ~ c?: dY-AJ. .n - .... White - Owner* pink - Contractor. Blue - TKDA Contractor .R~.!O"i\ Date I 1 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3. 1995 AGENDA tn SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA -, Scot~ Eri~kson,~1 E:.1g~neenng {[i'L ITEM tn Approve Final PaymentjWell i5/ 94-32 ScL ,;)(p . The City Council is requested to approve the resolution accepting work and directing final payment to E.H. Re:.1ner and Sons, Inc., Project 94-32, Well is. I MOTION BY: SECOND BY: I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, MOTION by Councilrnernber to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO E.H. RENNER AND SONS, INC. FOR PROJECT NO. 94-32 FOR THE IMPROVEMENT OF WELL i5 . WHEREAS, pursuant to a Andover on A~ril 4 Inc. of Elk Rlver, MN construction in accordance written contract signed with the City , 19 95, E.H. Renner and Sons, has satisfactorily completed the with such contract. of NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a October regular meeting this 3rd day of 19 95 with Councilrnembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-discussion Finance ITEM f\O. Transfer of funds ~~ Jean D. McGann Finance Director v :;'7. Background: In building the Field of Dreams, the Park Board paid various permi~ fees to the building department. The Park Board is requesting that the fees paid to the City for permits be reimbursed to the Park Dedication fund by means of a transfer of $1,042.00. \ I MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA t--O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Item Reject Quotes/93-7/City Hall Park Complex #2/Fencing Todd J. Haas, Engineering 4 \Y ITEM t--O. ,;)~ . The City Council is requested to recommend to 1.) reject the quotes for fencing of ballfields for City Hall Park Complex #2, Project 93-7 and 2.)" approve the resolution approving the plans and specs and advertising for bids. The City Council will need to reject the quotes as the project exceeds the $25,000 under the law for receiving quotes. This project will need to go out for public bids. Also, one of the contractors that submitted a quote did not provide the items that were requested in the spec. Contractor Quote Received Town and County Fence (Did not bid per spec) $29,218.68 Base Bid $10,619.52 Alternate Bid $26,366.00 Base Bid $9,845.60 Alternate Bid Arrow Fence Co. MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS ADVERTISEMENT FOR BIDS FOR PROJECT CITY HALL PARK COMPLEX #2 FOR PHASE III FENCING AND SPECIFICATIONS AND ORDERING NO. 93-7 , CONSTRUCTION. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3rd day of October , 19 95 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council Andover to hereby direct the City Clerk to seek required by law, with such bids to be opened at Wednesday October 11 , 19 95 at Hall. of the City of public bids as 10:00 AM the Andover City MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of October , 19~, with Councilmembers voting in favor of the resolution voting against and Councilmembers same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACrION DATE OCTOBER 3, 1995 AGENDA r--o, SECTION NON-DISCUSSION ITEM ITEM APPROVAL TO PURCHASE ONE r--o, 0<9. 1996 SINGLE-AXLE DUMP TRUCK, ETC. ORIGINATING DEPARTMENT APPROVED FRANK 0, STONE FOR AGENDA PUBLIC WORKS SUPERINTENDENl ~ BY: WE REQUEST APPROVAL TO PURCHASE ONE 1996 SINGLE-AXLE DUMP TRUCK, PLOW, WING, UNDERBODY PLOW AND SANDER ATTACHMENT AS A REPLACEMENT OF OUR 1980 UNIT. THIS EQUIPMENT IS A TAG-ON TO THE MINNESOTA COOPERATIVE PURCHASING VENTURE PROGRAM (CPV), THE COMPANIES LISTED BELOW HAVE BEEN AWARED THE STATE BID CONTRACT UNTIL DECEMBER 31,1996. BOYER FORD TRUCKS 1 L8CIOO CONVENTIONAL SINGLE-AXLE $49,090.00 J-CRAFT DUMP BOX, HYDRAULICS, LIGHTING J-CRAFT FALL'S PLOW, WING, UNDERBODY PLOW AND SANDER TOTAL COST (TAX INCLUDED) $26,137.38 $19,397.22 $94,624,60 MONIES TO PURCHASE THIS EQUIPMENT IS IN THE 1995 EQUIPMENT CERTIFICATES. MOTION BY: TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DA TE OCTOBER 3, 1995 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED t-O. NON-DISCUSSION ITEM -RANK o. STONE FOR AGENDA ITEM hUBUCWORKS SUPER~ENT t-O. APPROVAL TO PURCHASE ONE 1996 '?n TANDEM DUMP TRUCK, ETC. BY: WE REQUEST APPROVAL TO PURCHASE ONE 1996 TANDEM DUMP TRUCK, PLOW, WING, UNDERBODY PLOW AND SANDER ATTACHMENT. THIS EQUIPMENT IS A TAG-ON TO THE MINNESOTA COOPERATIVE PURCHASING VENTURE PROGRAM (CPV). THE COMPANIES LISTED BELOW HAVE BEEN AWARED THE STATE BID CONTRACT UNTIL DECEMBER 31,1996. BOYER FORD TRUCKS 1 1996 L8000 CONVENTIONAL TANDEM $57,970.00 J-CRAFT , DUMP BOX, HYDRAULICS, LIGHTING $28,453.37 I J-CRAFT FALL'S PLOW, WING, UNDERBODY PLOW AND SANDER $19,397.22 TOTAL COST (TAX INCLUDED) $105,820,59 MONIES TO PURCHASE THIS EQUIPMENT IS IN THE 1995 EQUIPMENT CERTIFICATES. . MOTION BY: '\ . ) TO: CITY OF ANDOVER REQUEST FOR COUNCIL AcrION AGENDA 1\0. SECTION NON-DISCUSSION ITEM BASE RADIO SYSTEM DATE OCTOBER 3,1995 ORIGINATING DEPARTMENT APPROVED FRANK O. STONE FOR AGENDA PUBLIC WORKS SUPERI~~ rz97 BY: ITEM I\O~"":\/. ) THE PUBLIC WORKS BUILDING HAS NEVER HAD A BASE RADIO TO COMMUNICATE WITH OUR PERSONNEL WORKING IN THE CITY AREA. WE HAVE REMOTE UNITS COMMUNICATING THROUGH THE BASE RADIO AT CITY HALL, THROUGH AN UNDERGROUND CABLE. DUE TO ALL THE CONSTRUCTION IN THE PUBLIC WORKS AND CITY HALL AREAS. THIS CABLE HAS BEEN CUT MANY TIMES. WE NOW HAVE SO MANY SPLICES IN THE CABLE AND THE SIGNAl IS SO WEAK THAT MOTOROLA'S SERVICE PEOPLE SAY THE CABLE MUST BE REPLACED TO RETURN RADIO COMMUNICATIONS TO PUBLIC WORKS. FOR THE PAST THREE WEEKS. THE ONLY COMMUNICATION THAT PUBLIC WORKS OFFICE AND GARAGE HAS HAD WITH CITY HALL AND OUR PERSONNEL IN CITY VEHICLES HAS BEEN THROUGH HAND-HELD RADIOS OR BY TELEPHONE. WITH THE ASPHALT PARKING LOT AND THE NEW TOWER DRIVE, THE NEW LINE WOULD HAVE TO BE GOPHERED UNDER SO THAT THESE NEWLY INSTALLED SURFACES WOULD NOT BE DAMAGED. THE ESTIMATED COST OF PURCHASE AND INSTALLATION OF THIS NEW CABLE COULD RUN AS HIGH AS $1,200.00 ALSO, IF A NEW CITY HALL IS BUILT, THERE WOULD BE AN ADDITIONAL COST OF MOVING THE CABLE AGAIN IN 1996 OR LATER. SO INSTEAD OF WASTING MONEY FOR THIS CABLE, WE RECOMMEND THE PURCHASE OF A BASE RADIO FOR THE PUBLIC WORKS BUILDING. THIS PROBLEM WAS UNEXPECTED, SO I HAVE NO FUNDS IN THE BUDGET TO COVER THIS REPLACEMENT, I ASK THE COUNCIL TO APPROVE THE PURCHASE OF A MOTOROLA BASE RADIO AND ANTENNA FROM ANCOM COMMUNICATIONS FOR $3.418.63 WITH THE MONIES COMING FROM THE PIR FUND. THE FIRE CHIEF APPROVED THE MOUNTING OF THE ANTENNA ON THE COMMUNICATIONS TOWER AT FIRE STATION #3IPUBLlC WORKS. BIDS FOLLOW: ANCOM COMMUNICATIONS. INC. 1 DESK TRAC LOW BAND BASE STATION. INCLUDES: L 139 LOCAL Die REMOTE DESK MICROPHONE $1.955.00 1 UNITY GAIN OMNIDIRECTIONAL ANTENNA. INCLUDES: MOUNTING HARDWARE, 1/4" SUPERFLEX CABLE. SURGE PROTECTOR AND CONNECTORS TOTAL EQUIPMENT 6.5% TAX PROGRAMMING AND SETUP SHIPPING AND DELIVERY INSTALLATION TOTAL $ 832 45 $2,787.45 $ 181,18 NIC $ 25,00 $ 425.00 $3.418.63 MOTION BY: \ J TO: MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC, 1 DESK TRAC LOVV BAND BASE STATION. INCLUDES: L 139 LOCAL DIC REMOTE AND DESK MICROPHONE 1 UNITY GAIN OMNIDIRECTIONAL ANTENNA. INCLUDES: MOUNTING HARDWARE, SURGE PROTECTOR, CONNECTORS AND 1/4. SUPERFLEX CABLE EQUIPMENT TOTAL 615% SALES TAX INSTALLATION PROGRAMMING CHARGES SHIPPING TOTAL ~ $1,955.00 $ 832.45 $2,787.45 $ 181.18 $ 425.00 $ 100.00 S 25,00 $3,518.63 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ()r.t-n~l'" ~ 1 Qq~ AGENDA /10. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent ITEM /10. Fire Dept. /),J. .~ Request for contingency funds to repair breathing air compressor at fire station number one Dan Winkel Fire Chief ..3... . The fire department is requesting that the City Council approve the use of contingency funds to repair the breathing air compressor at fire station number.one. The estimated cost of repair is between $3,000 and $3,500. The cost of a new unit is $7,000. This emergency repair is not a budgeted item in 1995. The air compressor began to have mechanical problems this past July. A service representative from Air Power Equipment Co. was notified to check the problem. It was determined that one of the cylinder walls has same "scoring" or rather significant scratches that cause the compressor to not function properly. It is unknown when or how the scoring happened. Staff contacted Bauer Air Compressor (the manufacturer of the unit), to determine what the warranty was on this particular compressor. Staff was informed that the warranty period expired one year after the compressor was purchased in 1990. Because Air Power Equipment Co. is not a factory authorized repair center, the compressor will be repaired at Compressed Air Equipment Company. The repairs will have a 90 day parts and labor warranty. MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA NJ. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Item ITEM NJ. Solicit Quotes/Commercial Blvd. Right-of-Way Plat/94-33 Todd J. Haas, Engineer~ ~l ..3..3 . BY: ;get The City Council is requested to approve the solicitation of quotes for Project 94-33 for the preparation of the right-of-way plat. Quotes will be presented to the City Council at their next regular meeting. I MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA t-.O. SECTION ORIGINATING DEPARTMENT Nondiscussion/consent Finance APPROVED FOR AGENDA ITEM t-.O. Release Letters of Credit Hills of Bunker Lake 3rd Hills of Bunker Lake 4th Jean D. McGann Finance Director BY: ~~ .3~ REQUEST The Andover City Council is requested to authorize the release of the Letters of Credit *88-1121 and *91-1208 as established as a special assessment guarantee for Hills of Bunker Lake 3rd (88-5) and Hills of Bunker Lake 4th (91-4) The guarantee value may be reduced to $0. BACKGROUND / Letters of credit *88-1121 and *91-1208 were established by First Bank N.A. for the benefit of Hills Inc. as the Special Assessment guarantee for Hills of Bunker Lake 3rd addition and Hills of Bunker Lake 4th addition, per terms of the Development Agreement for City projects *88-5 and *91-4. The special assessments for this project have been paid off which permits the release of the financial guarantee. MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE October 3, 1995 AGENDA - SECnON NO Non-discussion ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO Planning ~ BY: Approve Sale of Lot 2, Block 3, Andover Commercial Park to Ultimate Cabinetry David L. Carlberg Planning Director 3S\ The Andover City Council is asked to approve the sale of Lot 2, Block 3, Andover Commercial Park (see attached site location map) to Ultimate Cabinetry, owned and operated by Keith Gerads. The sale price has been set for $35,000.00. This includes an 8% commission payed to the realtor. Attached for Council review is the purchase agreement for the property. / MOTION BY: SECOND BY: I I I I I _I ~I ,1<)1 I I .,.,. (!~ I .. I,", --I~;J, , " I I I I I ~I 10 ~r I~ 4 ~I I~ I I'" -P~'~ I I <" '~o 0;. I "'~'aC:9' I 'oS: 0 :-t-', I 202,9/;so \--- L..-________ S89000'oe"E N.W. o co S89000'oe"E ,-- -- 205.42--;-:,",,~ I ,~9.'>ul I 0\'00'- I I ,e90'10 I I p~~>6' 1 ,4J '12 "~I ~ o 2' 01 ::: I~ ~ ~I ~ I I <: I I -Ii "- ~ e: CI) 60 I / / --- " N89000'06"W ---: 625.06 --- ",.,;'89000'06"E AVE: ~ /36 TH 60 -4 -;;-- - 204.64 ----1, 'r.--- - -- --- 390,00 -P '',p I I'~ ! <,';"'.J.oOo I '.1 I DRAINAGE E~ I ~JPcrC:9' I ,,', I ;so~. 'I ' 01 I" :!. ' (~/I"/ I I 0 " -L_1I11 "-, ,4J 1 I d I ". I<)II~ ~I ~ oi 1 I () ,l!:! 1 ~ I 1 I I I I L____..3890OO'06"E' __.J I 1 , I, I: I :,~ I~_~ I~ ::: :tk,..,.......... ..----.OUtLc ,0 * o " '. .' I "', , ., ,.', - ' . . '. , ., '.- . " .. -.' '. . ___-::::z~~~G:. __-.!~ D I I I ! 10 I: I.- ________2.899 " " .' -____/327, 0/_____ N 89006' 49"W '--- SOUTH LINE OF THE NW 1/4 OF THE SW 1/4 OF SEe " I 300 FEET I 400 DRAINAGE ANO UTILITY EASEMENTS SHOWN AS THUS: C') - I ---l ! --------"" I 10 I r---IO I L20 C') I I - I ~ _______ _ L_-, LAw OmCES OF William G. Hawkins and Associates " SUITE 101 299 CooN RAPIDs BLVD. CooN RAPIDs, MINNESOTA 55433 PHONE (612) 784-2998 / WILLIAM G. HAWKINS BARRY A. SULLIVAN Legal Assistants WENDY B. DEZELAR JEANINE KUZMICH September 26, 1995 RECEIVED SEP 271995 CITY OF ANDOVER Mr. Dave Carlberg . City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Re: Ultimate Cabinetry Dear Dave: / Enclosed please find two original copies of the purchase agreement executed by Ultimate Cabinetry, Inc. for the purchase of a Commercial Park lot. The agreed upon price was $35,000.00. We have agreed to pay the realtor a commission of $2,500.00 from that price. Please present this to the Andover City Council for their acceptance. It is my understanding that you have already received $1,000.00 of earnest money. The buyer must bring in the remaining $9,000.00 prior to the delivery of the executed purchase agreement to him. I advised him that you would contact him to make arrangements for exchange of the check and the purchase agreement. Please advise when this has been accomplished. Willliam G. Hawkins WGH:wbd Encs. PURCHASE AGREEMENT / " RECEIVED OF Ultimate Cabinetry, Inc., Buyer, the sum of Ten Thousand and no/100 ($10,000.00) Dollars as earnest money in part payment for the purchase of property situated in the Andover Commercial Park in the City of Andover, County of Anoka, State of Minnesota. Legal Description Lot 2, Block 3, Andover Commercial Park, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota Sale Price Thirty-five Thousand and no/1 00 ($35,000.00) Dollars, which Buyer agrees to pay in the following manner: Earnest money paid herein: Ten Thousand and no/100 ($10,000.00) Dollars, and Twenty-five Thousand and no/1 00 ($25,000.00) Dollars on or before April 1, 1996, the date of closing. Warranty Deed Subject to performance by the Buyer, the Seller agrees to execute and deliver a Warranty Deed conveying marketable title to said property, subject only to the following exceptions: 1. Building and zoning laws, ordinances, State and Federal regulations; 2. Restrictions relating to use or improvement of the premises without effective forfeiture provision; 3. Reservation of any minerals or mineral rights to the State of Minnesota; 4. Utility and drainage easements which do not interfere with present improvements. Taxes and Special Assessments The parties hereto agree that the real estate taxes due and payable in the year 1995 shall be prorated to the date of closing based upon a calendar year. Buyer shall pay all of the taxes due and payable in 1996 and all years thereafter. Seller shall pay all levied " and pending special assessments due against the property at the date of closing; except that Buyer shall be responsible for all water and sewer connection charges which the City collects at the time of issuance of a building permit. / Additional Terms and Contingencies This agreement is contingent upon the following items: (1) Acceptance by the City Council of Andover. In the event that the City Council has not accepted this agreement and authorized the execution hereof by the mayor and clerk within thirty (30) days after the execution of this agreement by the Buyer, this agreement shall be null and void. Possession The Seller further agrees to deliver possession not later than the date of closing provided that all conditions of this agreement have been complied with. Title Seller shall, within a reasonable time after acceptance of this agreement, furnish an Abstract of Title, or a Registered Property Abstract, certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens. Buyer shall be allowed ten (10) business days after receipt for examination of title and making any objections, which shall be made in writing or deemed waived. If any objection is so made, Seller shall be allowed one hundred twenty (120) days to make title marketable. Pending correction of title, payments hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice to Buyer, the parties shall perform this agreement according to its terms. If title is not corrected within one hundred twenty (120) days from the date of written objection, this agreement shall be null and void, at option of Buyer, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. I Default If title is marketable or is corrected within said time, and Buyer defaults in any of the agreements herein, Seller may terminate this agreement, and on such termination all payments made hereunder shall be retained by Seller, as its interest may appear, as / liquidated damages, time being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this agreement, provided this agreement is not terminated and action to enforce specific performance is commenced within six (6) months after such right of action arises. In the event Buyer defaults in his performance of the terms of this agreement, and Notice of Cancellation is served upon the Buyer pursuant to MSA 559.21, the termination period shall be thirty (30) days as permitted by Subdivision 4 of MSA 559.21. Survivability The provisions of this purchase agreement shall, to the extent application, survive the closing. Closing The closing shall take place on or before April 1, 1996. Buyer is hereby accorded the privilege of closing at an earlier time upon ten (10) days written notice to Seller. The delivery of all papers and monies shall be made at the office of: '\ / William G. Hawkins William G. Hawkins and Associates 299 Coon Rapids Blvd., #101 Coon Rapids, MN 55433 Seller We, the undersigned, owner of the above land, do hereby approve the agreement and the sale thereby made. Dated: , 19 CITY OF ANDOVER By Mayor By Clerk Buyer I hereby agree to purchase the above property for the price and upon the terms above mentioned, and subject to all conditions herein expressed. t , Dated: Cj/()S- , 1 9 '!~ ~,J C- DeA' J ~14- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA SECTION NO Approval of Claims ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ~M Schedule of Bills Jean D. Finance ~ McGann Director BY: REQUEST The Andover City Council is requested to approve total Claims in the amount of $ 152,161.22. BACKGROUND Claims totaling $ 38,332.72 on disbursement edit list U dated 9/22/95 have been lssued and released. Claims totaling $ 69,592.29 on disbursement edit list 412 dated 9/26/95 have been lssued and released. Claims totaling $ 44,236.21 on disbursement edit list #3 dated 10/03/95 will be issued and released upon council approval. AUTHORIZATION The schedules of bills payable as described above were reviewed and approved for payment. Date: 10/03/95 Approved By: , I MOTION BY: SECOND BY: DATE: October 3, 1995 ITEMS GIVEN TO THE CI~Y COUNCIL planning and zoning Commission Minutes - September 12, 1995 Special City Council Minutes - September 19, 1995 Special Closed City Council Minutes - Se~tember 19, 1995 City Council Minutes - September 19, 1995 Park and Recreation Commission Minutes - September 19, 1995 Anoka Area Chamber of Commerce Reservation Card Supplemental Feasibility Report/Commercial Blvd./Andover Commercial Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETI~G OR PUT THEM ON THE NEXT AGENDA. THANK YOU. J' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: Department Heads COPIES TO: City Council FROM: Scott Erickson, City Engineer REFERENCE: September 29, 1995 Coon Creek Watershed District Ditch Cleaning/Coon Creek DATE: The Coon Creek Watershed District held a public informational meeting on September 28, 1995 for the cleaning of Ditch 57 (Coon Creek). The watershed district has hired a contractor to clean Coon Creek from Hanson Boulevard to Hwy. 65 in Ham Lake. The work is scheduled to begin October 3, 1995. No residents showed up for the meeting. NOTICE PUBLIC WORKSHOP: Cleaning of Ditch Hanson BId to Central Ave. Ill:. C E Jr_ ~-- .', - '"oJ SEP 25 1995 CITy." -..-'- .... 57 '.. "''-'vcR Thursday, september 28, 1995 7:30 PM Bunker Hills Activity Center As a resident having property adjoining Coon Creek, you probably enjoy the natural beauty along the Creek. I'm sure you realize that it takes upkeep to retain beauty. However, you may not be aware of the Coon Creek Watershed District and the responsibility of the Watershed District to keep the Creek in the condition needed to convey the flow of water through the area. The water flow in the Creek is being slowed because of approximately 3 feet of sediment within the creek's channel. The Watershed District needs to correct this problem to prevent flooding up stream and on the tributaries to the Creek. The desired timing of this work would during October. The area of concern is along Coon Creek from Hanson B1d. to Central Ave. in Ham Lake. The Watershed District needs your cooperation in this important project. The Coon Creek cleaning will involve a backhoe working for the District. In order to reach the Creek easement and get the job done, the backhoe may need to access your property. You can help this project to be a success by assisting in the following ways: 1. Read the fact sheet on the other side of this letter. 2. Attend the Open House on September 28 at 7:30 PM at Bunker Hills Activity Center. 3. Advise me of any particular situation about the Creek near your property. 4. Move any personal property away from the Creek. 5. Keep children away from equipment working in the area. NOTE: The cost of this project will be paid from District wide funds. Thank you, in advance, for your cooperation in this project. If you have any questions, do not hesitate to call me at 755-0975. PROJECT FACT SHEET: CLEANING OF COON CREEK Q. When is their Public Contact? A. The Open House on september 28 at 7:30 PM at Bunker Lake Activity Center will provide an opportunity to hear a full explanation of the need for the project, the alternatives looked at and ask questions and give input into coordinating the work. Q. Why is this project necessary? A. Ditch 57 - the technical name for Coon Creek in Andover was constructed in 1917 to provide for agricultural drainage. Since then, Andover has experienced cbnsiderable growth, and the ditch now conveys stormwater, in addition to agricultural drainage, from as far away as the columbus Township and Carlos Avery Wildlife Management Area. This drainage area is relatively flat and hence small obstructions can create big problems upstream by blocking or slowing the flow of water. The District has received several complaints from farmers upstream from the area concerning wetness in their fields and is concerned about maintaining as balanced and efficient a system as possible. A survey of the Ditch showed that approximately 3 feet of sediment has accumulated in this area. The need, and the goal of the proposed project is to remove the sediment in order to reduce the flooding that is occurring upstream. When this cleaning project is completed the chance of flooding will be decreased, as well as increasing' the efficiency of the ditch to convey storm water run-off. Q. What exactly will be done on this project? A. A contractor working for the Coon Creek Watershed District will excavate the channel using a backhoe to remove woody debris, sandbars and sediment from the creek. Q. What types of situation merit informing the Watershed District about my property? A. Please call the Coon Creek Watershed District at 755-0975 and come to the Open House if you have prize bushes and trees near the Creek or pumps or drains (for lawn sprinkler system, for example) near the Creek. This information will be noted for crews working in the area. ~ ~ l: 0- ~ ~ ~ .... "c- E -;:: ,. ~ <.;::. .Q '<S E "'" :: , ..:; t: ... ::: a 0 t: t: ~ '" v .S '" '" ~ ~ ol:: E ~ .Q "c- .S c. '" - ~ " <i Oc ... <; l: .. l: .. ~ .5 '" t: :: - t: "" <> ... ~ .Q ~ '" .l::l " Oc 0 is '" .. " '" ct ~ <::> .Q " ~ ~ <; a ~ ~ "-l ~ ..., "'" E ~ <> "" .... t: '" ~ 0 "'" t: ~ c:.:: E . ~ ~ '" is ~ .... ~ .. E ~ ~ .... '" ~ "'" ,. l:! .,.; ::: ';;: " '" <:i e ti. N '" '" t: t: "'" ~ .... ~ .S " .::: l:! ~ ~ .s .. ~ t: '" .::: t: c '" So :S ~ '" '" t: ~ '. . ~ "( .:: t: "( .... ..:.; - .c. '" ~ 9. .... '" '" '" .... a & t: '" '.:l .... .. "" ~ -.: ~ :. c <i .... c:.:: t: ..;;: C ~ '" <> '" '" '" '" -;:: Ci:; fO[~~ NW '!nfouy '/JWS U!DW lrD::J ZZZ iJ:JJiJwwo:J fo JiJqWfJ'f:J u.1JY"'fOUY :01 pJD:J UOpDAlJSU puD tuJWADdud puJS JSDJlcl 'f1!W JO oal 'aaffo;) '/.Iarsaa 'ralqtJl"g"A!o ^"IP"W 'Ultnq l/1!M lioN 'poloS P"rro11UO"J:J mor l{1!M OIOtOJ P"'f08 :upnpU! nu"w UW!a dW!J'fS oqwn[ P3P.:/ dna PJJn1DfI JJJfI rwoo.J1{snw pnJnDS 'f1!M u!O[J!S dOl n!O'f;] JJW!G $ piJsO[:JUJ IDlOI 'uOSJJd JJd OO'H$ r-Zu!pumy JJqtunN JWDN SSJu!snfI (S)iJWDN pm;] uO!1D,uasaN. UJnlaN. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA NO SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Item Scott Erickson'LI Engineering rJ'- ITEM NO BY: Declare cost/Order Assessment Roll/94-6/Hartfiel's Estates The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of sanitary sewer, watermain, storm sewer and streets for Project 94-6, Hartfiel's Estates. MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~ RES. NO. THE CITY CIL OF THE CITY OF ANDOVER MOTION by Councilmember UTION DECLARING COST AND DIRECTING PREPARATION OF A THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, ST FOR PROJECT NO. 9 - HARTFIEL'S ESTATES contract has been entered into for e construction of the and the contract price for such i provement is $ , an the expenses incurred or to be i cur red in the making of such improveme t amount to $ and ork previously done amount to $ -0- so that the total cost f the improvement will be $ 714,73 . NOW, THEREFORE, IT RESOLVED by the Andover, MN: 1. The portion of the c st of such City is hereby declar to be $ cost to be assessed ag 'nst to be $ 355,114.55 . 2. Assessment shall be payabI over a period of 10 year payable on or before the fir t bear interest at the rate of date of the adoption of the as . i C ~y Council of the City of 'I ent to be deferred y the .30 and the amount of the property owners is declared annual installments extending first of the installments to be day in January 1996, and shall percent per annum from the ssment resolution. 3. The City Clerk, with the ass' ta e of the City Engineer shall forthwith calculate the prop r am nt to be specially assessed for such improvement against e ~ry ass sable lot, piece or parcel of land within the district fected, 'thout regard to cash 'valuation, as provided b law, and s shall file a copy of such proposed assessment in r office for ub1ic inspection. 4. he completion reof. this 3rd day 0 proposed assessment, The Clerk shall, upon notify the Council t MOTION seconded City Council at and adopted by the , 19 95 , with Counci1member voting in favor the resolution, and councilmember~ voting against whereupon said resolution was declared ATTEST: CITY OF ANDOVER \' \ J. E. McKelvey - Mayor ~ Victoria Volk - Clty Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Counci1member to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS, FOR PROJECT NO. 94-6, HARTFIEL'S ESTATES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 425,949.58 and the expenses incurred or to be incurred in the making of such improvement amount to $ 288,784.27 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 714,733.85 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be deferred y the City is hereby declared to be $ 359,619.30 and the amount of the cost to be assessed against benefited property owners is declared to be $ 355,114.55 . 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the first Monday in January 1996, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of October , 19 95 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA NO SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Item scot~ Eri?kson,,h<" Englneenng lV' ITEM NO BY: Declare Cost/Order Assessment Roll/94-3/140th Lane ltol The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of storm sewer and streets for Project 94-3, 140th Lane NW. MOTION BY: SECOND BY: - . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Counci1member to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS , FOR PROJECT NO. 94-3 140TH LANE NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 171,552.05 and the expenses incurred or to be incurred in the making of such improvement amount to $ 45,731.14 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 217,283.19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 171,774.51 and the amount of the cost to be assessed against benefited property owners is declared to be $ 45,508.68 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the first Monday in January 1996, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Counci1member and adopted by the City Council at a regular meeting this 3rd day of October , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - Clty Clerk .. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA NO SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA ~T__ n:__..__~...... Tl-..m Scot~ Eri7kson~1 Englneenng dv BY: D~0 ITEM NO \q, Declare Cost/Order Assessment Roll/93-10/SuperAmerica The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of sanitary sewer, watermain and storm sewer for project 93-10, SuperAmerica. MOTION BY: SECOND BY: ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Counci1member to adopt the following: AND DIRECTING PREPARATION OF ASSESSMENT SANITARY SEWER. WATERMAIN AND STORM SEWER, SUPERAMERICA A RESOLUTION DECLARING COST ROLL FOR THE IMPROVEMENT OF FOR PROJECT NO. 93-10, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 43,789.65, and the expenses incurred or to be incurred in the making of such improvement amount to $ 26,518.63 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 70,308.28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 29,147.96 and the amount of the cost to be assessed against benefited property owners is declared to be $ 41,160.32 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The fi=st of the installments to be payable on or before the first Monday in January 1996, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of October , 19 95 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE october 3, 1995 AGENDA NO SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Item Scot~ Eric::kson'jl' Englneenng (lL- ITEM NO BY: Declare Cost/Order Assessment Roll/94-5/SuperAmerica 81. The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of watermain for Project 94-5, SuperAmerica. MOTION BY: SECOND BY: , , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. NOTION by Councilmember to adopt the following: 1. RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT I:OLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT NO. 94-5, SUPERAMERICA THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 45,864.007, and the expenses incurred or to be incurred in the making of such improvement amount to $ 16,147.55 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 62,011.55 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 55,851.55 and the amount of the cost to be assessed against benefited property owners is declared to be $ 6,160.00 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the first Monday in January 1996, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of October , 19 95 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 3, 1995 AGENDA NO SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Item scot~ Eri~kson,V Englneenng r:Il- ITEM NO BY: Declare Cost/Order Assessment Roll/94-18/Section 22 a3, The City Council is requested to approve the resolution declarins cost and directing prepa-ration of-assessment roll for the improvement of trunk sanitary sewer and trunk watermain for Project 94-18, Section 22. MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember A RESOLUTION DECLARING COST ROLL FOR THE IMPROVEMENT OF __, FOR PROJECT NO. 94-18, THE ELEMENTARY SCHOOL) THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: to adopt the following: AND DIRECTING PREPARATION OF ASSESSMENT TRUNK SANITARY SEWER AND TRUNK WATERMAIN SECTION 22 (NEW SCHOOL AND EXPANSION OF WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ -0- , and the expenses incurred or to be incurred in the making of such improvement amount to $ 420,608.40 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 420,608.40 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $ 420,608.40 . 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the first Monday in January 1996, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of October , 19 95 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk OCT-03-1995 14:21 TKDA 612 292 0083 P.04/04 RATE CALCULATIONS School No. 1 - Oak View Middle School Sanitary Sewer: Trunk Area Charge 44.743 Ac x $1.035/Ao... Connection Charge 90 SAC Units x $285/Unit .. Lateral Sewer Charge 1,313.92 LF x $22JLF .. $46,309,01 $25,650.00 $28.906.24 Total Sanitary Sewer Charge $100,865.25 Watermain: Trunk Area Charge 44.743 Ac x $1 ,100/AC '" $49,217.30 Connection Charge 44.743 AC x $2,975/AC = $133,110.43 Lateral Water Service Charge 1,313.92 LF x $22/LF = $28.906.24 Total Watermain Charge $211,233.97 Total Assessment $312,099,22 Original Feasibility Report $407,522.00 ,. ,I' ~3- 10725 Revised 1 ()"2-95 TOTAL P.04 OCT-03-1995 14:21 TKDA RATE CALCULAll0NS School No.2 - Andover Elementary School Sanitary Sewer: Trunk Area Charge 14.479 AC x 1 ,035/Ac = 37 Connection Charge SAC Units x $285/Unit = Lateral Sewer Service Charge 544.92 LF x $22JLF = Total Sanitary Sewer Charge Watennain: Trunk Area Charge 14.479 Ac x $1,1 OO/Ac = Connection Charge 14.479 AC x $2,97S/Ac = Lateral Water Service Charge 544.92 LF x $221LF = Total Watermain Charge Total Assessment Original Feasibility Report -4- 612 292 0083 P.03/04 $14,985.77 10,545.00 11.988.24 $37.519.01 $15,926.90 $43.075.03 $11.988.24 $70,990.17 $108,509.18 $149.904.00 10725 Revised 10-2-95 --, .....J -, .....J --, ;..J .., ....J SUPPLEMENTAL FEASIBILITY REPORT --, Ll Ll COMMERCIAL BOULEVARD NW ANDOVER COMMERCIAL PARK CITY PROJECT 94-33 ANDOVER, MINNESOTA .., u .., .., u .., .....J .., ..J --, u .., ..J .., COMM. NO.1 0832 Revised Sept. 14, 1995 L..J .., i...J .., L..l .., TKDA TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED L.J .., ...J ENGINEERS. ARCHITECTS. PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101-2140 PHONE:6121292-4400 FAX:6121292-0083 .., ...J -, .J ., -.I ., -.I TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS-ARCHITECTS-PLANNERS SAINT PAUL, MINNESOTA SEPTEMBER 14,1995 ., ....J ...., ....J ., .J SUPPLEMENTAL FEASIBILITY REPORT FOR ...., ....J COMMERCIAL BOULEVARD NW ...., ....J ANDOVER COMMERCIAL PARK ...., CITY PROJECT 94-33 ....J CITY OF ANDOVER, MINNESOTA ...., ....J COMMISSION NO.1 0832 ...., ....J ...., ....J -, ....J ~l ....J ....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. -, ~kJ~~~.J RIC RD D. MENKEN, .E. Registration No. 9727 ....J ...., ....J ...., ....J -, _J ., -.I 10832 Revised 9/14/95 .., ...J .., .....J .., .....J .., Location .....J Improvements .., .....J Site Grading .., Initiation .....J .., Feasibility .....J Easements .., Right-of-way '-.J Permits .., .....J Estimated Project Cost .., .....J Financing and Est. Assessable Cost .., Total Estimated Cost Summary .....J Construction Cost Estimates .., .....J Improvement Maps -, _J ..., .....J .., .....J .., .....J .., .....J .., .....J .., ...J PROJECT OVERVIEW NW1/4 & NE1/4 of SW 1/4 Section 34-32-24 Right-of-way, Streets, Storm Sewer, Sanitary Sewer, Watermain City Owned Parcels Andover City Council Action The Project is Feasible Drainage and Utility Acquisition Summary CCWD, DNR, Corp of Engineers, MPCA, Mn Department of Health, MCWO $811,000.00 Assessment and TIF Cost Split -1- 10832 Revised 9/14/95 ..., -1 ..., -.J ..., SUPPLEMENTAL FEASIBILITY REPORT COMMERCIAL BOULEVARD NW ANDOVER COMMERCIAL PARK CITY PROJECT 94-33 CITY OF ANDOVER, MINNESOTA -.J ..., -J Project LocatIon -J The project would include street and utility improvements along the proposed alignment within Andover Commercial Park to complete Commercial Boulevard NW from Hanson Boulevard (CSAH No. 78) on the east and Crosstown Boulevard (County Road No. 18) on the west, generally located in the NW1/4 and NE1/4 of the SW1/4 of Section 34, T32N, R24W. -, ...J ..., ...J Improvements ..., 1. RIght-of-Way ...J ..., It is proposed to use the existing 40 foot right-of-way from Thrush Street NW to approximately 650 feet east and to acquire an additional 50 feet in width to the north. It is proposed to acquire and/or dedicate a 100 foot right-of-way across the NE1/4 of SW1/4 of Section 34. ...J ..., ~J Acquisition ..., 34-32-24-32-0006 M.R. Olson 34-32-24-32-0005 M.R. Olson 15625 SF 15625 SF -J -, 34-32-24-31-0005 Imre 34-32-24-31-0006 R. Heidelberger 34-32-24-31-0012 M. Heidleberger 34-32-24-31-0014 Tax Ladies 34-32-24-31-0022 M. Heidelberger 3768 SF 19807 SF 6600SF 596 SF 3920 SF -J -, ...J -, Dedicated -J 34-32-24-31-0011 City of Andover 34-32-24-31-0009 City of Andover 81457 SF 36,590 SF ..., -.J ..., NOTE: The ares shown for right-of-way are estimates based on preliminary alignments, see Drawing NO.6. ...J 2. Streets ..., The proposed roadway would be a 4-lane divided 9-ton design with a design speed of 35 mph, with concrete curb and gutter and concrete median and designed in accordance with State Aid Standards. See Drawing No. 5 for the typical section. -1 ..., -.J ..., -2- 10832 Revised 9/14/95 ...J --, -1 -, -1 Tum lanes and median openings would be constructed; locations to be determined during the final design. ..., ..J 3. Storm Sewer ..., -1 Storm runoff would be collected at catch basins along Commercial Boulevard NW as shown in Drawing No. 2 and stubs would be provided for future parcel development. ..., -1 -1 4. The storm sewer pipe would be sized to handle the drainage from Jay Street NW to Thrush Street NW with stubs provided for future ponding that will be included in the development of Commercial Park. The storm runoff will be directed to drain to the Commercial Park Pond with the exception of two catch basins by the Hidden Creek Pond. This is shown on Drawing NO.2. Sanitary Sewer It is proposed to construct a 10" sanitary sewer from the existing sewer at Thrush Street NW and 136th Avenue NW east along the alignment of Commercial Boulevard to intersection of proposed Quinn St. NW, then extend an 8" sanitary sewer along the remaining portion of Commercial Boulevard as shown on Drawing NO.3. ..., ..J .., ..., -1 --, -1 ..., 8" sanitary services would be constructed to the lots north and south of Commercial Boulevard NW. ~J ..., 5. Watermaln -1 ..., It is proposed to construct 12" watermain from the stub at the existing Commercial Boulevard NW to a connection at Thrush Street NW. See Drawing NO.4. -1 .., 6" watermain stubs would be constructed due to industrial zoning and large size of parcels to the north and south of Commercial Boulevard NW. Fire hydrants will be installed to provide adequate fire protection. ..J .., -1 Site GradIng ....., Site grading within the NE 1/4 of the SW 1/4 of Section 34 on City owned parcels will provide for favorable grades on the lots abutting the proposed street improvements and provide the required fill for roadway section, also included will be the enhancement along the north and west side of Hidden Creek Pond. ..J ..., -1 Initiation ....., -1 The City Council authorized the preparation of this supplemental feasibility report of Commercial Boulevard NW improvements, at the September 5th Council meeting. ..., -1 Feasibility --, -3- 10832 Revised 9/14/95 ..J .., -.J .., ...J The project is feasible. .., ...J Rlght-of-way/Easements .., -.J All rights-of-way and easements required for utilities and ponding must be obtained or dedicated as a part of platting. -.J Additional utility and drainage easements will be required for the overall final design of Commercial Park. .., -.J Permits -, -.J Permits will be required from the Coon Creek Watershed District, the Department of Natural Resources and/or Corps of Engineers for drainage improvements and work within wetland areas; from the Minnesota Pollution Control Agency (MPCA) and the Metropolitan Council Wastewater Operations (MCWO) for sanitary sewer extensions, from the Minnesota Department of Health for watermain extensions. Approval of plans and specifications by MnDOT State Aid Division will also be required. -, ...J .., ...J 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 not guaranteed prices. Final contracts will be awarded on a unit price basis. The Contractor will be paid only for work completed. The estimated costs for Commercial Boulevard NW, City Project 94-33, are as follows: ...J -.J -, -.J Steet and Restoration Storm Sewer Sanitary Sewer Watermain Site Grading $314,200.00 61,700.00 89,600.00 75,800.00* 82.500.00 $623,800.00 $124,800.00 18,700.00 18,700.00 25.000.00 $811,000.00 -, -J -, ...J Total Estimated Construction Cost -, Engineering Legal Fiscal Administration ...J -, -J Total Estimated Project Cost *City Share of Watermain Included, - $8,640 .., -~ .., -.J .., -4- 10832 Revised 9/14/95 ...J It is proposed to finance the project by a combination of Tax Increment Financing (TIF) Funds and assessments to the benefitting properties, it is proposed to assess 50% for street and utility improvement to the abutting parcels on a front foot basis and 50% of the cost would come from TIF funds. The site grading on the City owned parcels would be funded from TIF funds. The proposed assessments are show on the attached Preliminary Assessment Roll. Total Estimated Cost Summary ..., -J ..., ...J --, FInancIng and Estimated Assessable Cost -J ..., -J -, ...J -, ...J Assessable Cost City TIF Funds Oversizing Watermain (City) ...., -J ..., Grading City Owned Parcels (TIF Funds) Total Project Cost ...J ...., $346,235.00* 346,235.00 11.230.00 $703,700.00 107.300.00 $811,000.00 *Included assessment of abutting city owned parcels ($217,204). Proposed Project TIme Schedules ...J -, ...J ..., 1. City Council received feasibility report. ...J 2. City Council orders supplementa report and authorizes Commercial Boulevard NW -, ...J 3. Engineer submits plans to Council receives authorization to advertise for bids. -, ...J 4. Advertise in official newspaper. -, 5. Advertise in Construction Bulliten _J -, 6. Open bids. ...J 7. City Council receives bids and awards contract. ..., ...J 8. Begin construction. ...., 9. Complete construction. . J -, ...J ..., -5- ..J August 1, 1995 September 5, 1995 January 2, 1996 January 5 and 12, 1996 January 5 and 12, 1996 Februarry 1, 1996 February 6,1996 April 1 , 1996 October 1, 1996 10832 Revised 9/14/95 ..., -J NLO (')~ COv ..., O~ - -.. CJ) -J '0 Q) en "S: ...., Q) II: -J lala ~~~~~~Il!~81t!;~ 0 0 .0:3 ~Ne~NN~g~~"'" .0 .. :8", (II) "l;fQ)COCO<O..-NCOf3 &l ,..:,.: . - -N - -. - - -. ui ~~ aN:'!!...~~~81to&la a ...J 4lit"tI't M-M-M-* ..., .....J "'''' ""'?'?""'?'?'?'?'?'?'? ~:il .. ,.......... ,..............r--......t--.r--. :a Q)a) CO CO CO CO CO <0 CO .t: ...., a.. .....J 00 ~~Lq~~~~~~~~ 0 0 uiui I ~~N~~~~~~~~ g ...... ...... (I1(O(f)('I')..........~ ""0_ "!. .. gC'i ""-NN Nr..:CD~C"i~~ :i .....J .. 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"'0 ...., ILl C') E],:,"~ en I1l I1l co :g:g '" ~~~~~~~::::gg 88bfi en > 0 ;:; ~ - ~~ ~~~999~~9~9 :::.-~ ..J <t C') 0 T- 9 ;;-g'01! ::J C') C/) "'''' '" (\1_____.....___..... > 0 I Q) 0 "'''' '" (1)(1)(1')(')('1)(1)(1)(1)(1)(1)(1) >o~aI ..., a: al CJ; c Z ~a...ili c ~"~~ <t I1l - c ~ 0 C'ill.~ -,I Z 'e u '-15 ~ CD is '- '- '-.... f~~~ Q ::s Q) 'ii) ~j I!'I!'I!'~U~ --., ...: ILl Q) e Q) .~ c c ~ ~~~~~~~~ jjj 15'i'lO en ::::i E E 00 .. a.. > .il.il -E"j! ;; :> ILl E 0 E 00 'lli :l~:ll~'ll'll'll'll -E"l ILl a: ~u a: a: ~:I: ('! :I:l:I:~~~~ ~8esen .....J 0 ._ c 0 a: a.. 0 0 cz:: 0 ~~ ,- "E~~~~"" "":C\icrj".: 01I:_1-- 0000 ..., ...J .., ....J .., ~J A. COMMERCIAL BOULEVARD NW (THRUSH STREET TO NIGHTINGALE STREET) 1. STREET CONSTRUCTION Item Unit No. Description Quantity Price Amount 1 Clearing 25.0 EA $ 50.00 $1,250.00 2 Grubbing 25.0 EA 50.00 1,250.00 3 Rem/Disp Existing Bituminous 160.0 SY 3.00 480.00 4 Rem/Disp Existing Concrete Curb 40.0 LF 4.50 180.00 5 Common Excavation 7,500.0 CY 2.50 18,750.00 6 B624 Concrete Curb & Gutter 4,800.0 LF 6.50 31,200.00 7 B612 Concrete Curb & Gutter 3,980.0 LF 5.00 19,900.00 8 Subgrade Preparation 22.0 RS 150.00 3,300.00 9 Bituminous Base Course 1,650.0 TN 21.00 34,650.00 10 Bituminous Binder Course 1,650.0 TN 21.50 35,475.00 11 Aggregate Base 8,100.0 TN 7.50 60,750.00 12 Bituminous Wear Course 1,236.0 TN 24.00 29,664.00 13 Bituminous Material for Tack 1,350.0 GA 1.50 2,025.00 14 Pavement Markings 1.0 LS 6,000.00 6,000.00 15 Seed 1.6AC 1,000.00 1,600.00 16 Topsoil Borrow 840.0 CY 7.50 6,300.00 17 Traffic Signs 75.0 SF 28.00 2,100.00 18 Concrete Median (4") 2.050.0 SY 15.00 30.750.00 Subtotal $285,624.00 Contingencies (approx. 10%) 28.576.00 Total Construction Cost - Streets $314,200.00 .., ....J .., Ll .., ....J .., ....J .-, ....J .., ....J .-, ...J .., ...J -, ...J -, -1 ..., -1 ..., ~J ..., -J ..., ...J ..., -1 -, ....J .., 10832 Revised 9/14/95 -.J -, ....J A. COMMERCIAL BOULEVARD NW (THRUSH STREET TO NIGHTINGALE STREET) 2. STORM SEWER CONSTRUCTION Item Unit No. Description Quantity Price 1 Connect to Existing Storm Sewer 1.0 EA $ 600.00 $ 600.00 2 12" RCP Class 5 Storm Sewer 210.0 LF 18.00 3,780.00 3 15" RCP Class 5 Storm Sewer 683.0 LF 20.00 13,660.00 4 27" RCP Class 3 Storm Sewer 480.0 LF 26.00 12,480.00 5 36" RCP Class 3 Storm Sewer 70.0 LF 62.00 4,340.00 6 42" RCP Class 3 Storm Sewer 34.0 LF 70.00 2,380.00 7 15" Flared End Section 2.0EA 680.00 1,360.00 8 42" Flared End Section 1.0 EA 1,700.00 1,700.00 9 4' Catch Basin-Manhole 3.0 EA 1,150.00 3,450.00 10 6' Catch Basin-Manhole 2.0 EA 2,400.00 4,800.00 11 Cone Type Catch Basin 3.0EA 950.00 2,850.00 12 Cable Concrete 448.0 SF 8.00 3,584.00 13 Storm Manhole 4' 1.0 EA 1.100.00 1.100.00 Subtotal $56,084.00 Contingencies 5.616.00 Estimated Construction Cost - Storm Sewer $61,700.00 -, ....J -, ....J -, ....J ..., ....J -, ....J -, ....J ..., ....J ..., ....J ..., w -, ....J ..., --J ..., ....J ..., LJ -, ....J ..., ....J ..., ,-I -, --J -, ..J 10832 Revised 9/14/95 -, _J -, .J A. COMMERCIAL BOULEVARD NW (THRUSH STREET TO NIGHTINGALE STREET) 3. SANITARY SEWER CONSTRUCTION Item Unit No. Description Quantity Price Amount 1 Mobilization 1.0 LS $15,000.00 $15,000.00 2 Clearing 50.0 EA 50.00 2,500.00 3 Grubbing 50.0 EA 50.00 2,500.00 4 Connect to Existing Sanitary Sewer 1.0 EA 600.00 600.00 5 8" PVC SDR 35 SS 0-10' 660.0 LF 15.00 9,900.00 6 8" PVC SDR 35 SS 10-12' 146.0 LF 15.50 2,263.00 7 8" PVC SDR 35 SS 12-14' 170.0 LF 16.00 2,720.00 8 8" PVC SDR 35 SS 14-16' 66.0 LF 16.50 1,089.00 9 8" PVC SDR 35 SS 16-18' 115.0 LF 17.00 1,955.00 10 8" PVC SDR 35 SS 18-20' 130.0 LF 20.00 2,600.00 11 8" PVC SDR 35 SS 20-22' 35.0 LF 22.00 770.00 12 10" PVC SDR 35 SS 0-10' 690.0 LF 22.00 15,180.00 13 10" PVC SDR 35 SS 10-12' 210.0 LF 24.00 5,040.00 14 Silt Fence 100.0 LF 3.00 300.00 15 Standard 4' Diameter Manhole 7.0EA 1,400.00 9,800.00 16 Extra Depth Manhole 11.4 LF 80.00 912.00 17 Televise Sanitary Sewer 1,700.0 LF 0.70 1,190.00 18 Outside Drop, 0-8' 5.0 EA 1,200.00 6,000.00 19 Extra Depth Outside Drop 14.2 LF 80.00 1.136.00 Subtotal $81,455.00 Contingencies 8.145.00 Estimated Construction Cost - Sanitary Sewer $89,600.00 -, ~J -, ...J -, .J -, .J -, ...J ...., .J ...., .J -, LJ -, .J ...., .J --, ...J -, ...J ...., ...J -, .J ...., _J -, .J -, 10832 Revised 9/14/95 ...J ..., -l ..., -l A. COMMERCIAL BOULEVARD NW (THRUSH STREET TO NIGHTINGALE STREET) ..., -l 4. WATERMAIN CONSTRUCTION Item Unit No. Description Quantity Price Amount 1 Connect to Existing Watermain 2.0EA $ 350.00 $ 700.00 2 6" DIP Class 50 Watermain 530.0 LF 14.00 7,420.00 3 12" DIP Class 50 Watermain 2,160.0 LF 21.00 45,360.00 4 6" MJ Gate Valve 11 .0 EA 400.00 4,400.00 5 12" MJ Butterfly Valve 4.0 EA 790.00 3,160.00 6 MJ DIP Fittings 1,610.0 LB 1.80 2,898.00 7 6" MJ Hub Hydrants 4.0EA 1.250.00 5.000.00 Subtotal - Watermain $68,938.00 Contingencies 6.862.00 Estimated Construction Cost - Watermain $75,800.00 -J ..., ..., -J ..., , j -'1 -J ...., -l ..., -l ...., -l ..., -l ..., -J ..., -l ..., -J ..., _J ...., -l ..., -J ..., -J ...., 10832 Revised 9/14/95 ..J - , . J ..., .....J A. -, .....J ..., .....J ..., ~J ..., .....J ., .....J ., .....J ..., .....J ..., .....J -, .....J ., .....J ..., ...J ., . J ., -. J -, _.J -, . J ..., _J ., _J COMMERICAL BOULEVARD NW (THRUSH STREET TO NIGHTINGALE STREET) 4. SITE GRADING (NE1/4 OF SW1/4 OF Sec. 34, T32,R24) Item No. Description Quantity Unit Price 1 Common Excavation 25.000.0 CY $3.00 Subtotal Contingencies Estimated Construction Cost - Site Grading Amount $75.000.00 $75,000.00 7.500.00 $82,500.00 10832 Revised 9/14/95 ---------------------r- ----------------~-~~~-~ --~~~~~~-~~~~ r=--- - II [.._.__--1L._d_..___~..-..---- "-"1l~f:-~ _ _ _ _ _ _ ~/,j':1 I: .. 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