HomeMy WebLinkAboutCC November 7, 1995
CITY of ANDOVER
Regular City Council Meeting - November 7, 1995
Call to Order - 8:01 P.M.
Resident Forum
Agenda Approval
Consent Agenda
Approval of Minutes
Discussion Items
1. Assessment Hearing/94-6/Hartfiel's Estates
2. Assessment Hearing/94-3/140th Lane N.W.
3. Assessment Hearing/93-10/SuperAmerica
4. Assessment Hearing/94-5/SuperAmerica
5. Assessment Hearing/94-18/Section 22
6. Assessment Hearing/Delinquent utility Charges
7. variance/14905 Crosstown Boulevard
8. Amend Ordinance 8, Section 4.05
9. Timber Oaks Estates Sketch plan
10. Approve Preliminary Plat/Nightingale Ridge
11. WDE Agreement
/ 12. Liveable Communities Act
13. Transfer of Agent of Record/City Insurance
14. Curfew Ordinance
15. Schedule Date/Final Budget Review
Non-Discussion Items
16. Approve Quotes/City Hall Survey
17. Accept Easement/Malmi/155th Avenue
18. Accept Petition/SS & WM/95-25/1529-148th Lane N.W.
19. Receive Feasibility Report/95-25/l529 - 148th Lane N.W.
20. G.O. Improvement Bond of 1985 Call
21. Escrow Release/Reduction/Good value Homes
22. Approve Final payment/95-l7/1995 Pavement Markings
23. Release Letter of Credit/Hidden Creek East 3rd Addition
24. Approve Change Order #3/Fox Woods/Hartfiel's/Sharon's 2nd
25. Approve Change Order #3/Crown Pointe East/94-22
26. Approve Quotes/Public Works Fencing
27. Approve House Burn/7th Avenue & C.? 116
28. Accept Easement/Lot 6, Block 10, qills of Bunker Lk. 5th
29. Approve CO. #4 (Compensatingl/Bunker Lake Blvd. Frontage Rd/
93-30
30. Approve Final payment/Bunker Lake Blvd. Frontage Rd/93-30
31. Approve professional Services For well #4 pump Test/Required
for Wellhead Protection Plan
32. Approve CO #3/Jonathan Woods (94-10)/Foxberry Farms (94-8)/
SuperAmerica Addition Watermain (94-5)
33. Approve CO #7/Hil1s of Bunker Lake 5th Addn/#93-12
34. Approve Quotes/preliminary Soil Borings/City Hall/94-30
Mayor/Council Input
Payment of Claims
Adjournment
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 7, 1995
AGENDA
t\O.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Approval of Minutes
ITEM
t\O.
City Clerk
!Ji
Approval of Minutes
V. Volk n'u'
The City Council is requested to approve the following minutes:
September 19, 1995 Special Closed Meeting, Cont.
October 17, 1995 Regular Meeting
October 17, 1995 Special Closed Meeting
October 25, 1995 Special Meeting
;
MOTION BY:
SECOND BY:
TO:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 7, 1995
DATE
AGENDA
NJ.
SECTION
ORIGINATING DEPARTMENT
Scot~ Eri~kson'J\~
Eng1neenng \!:JG
APPROVED
FOR AGENDA
Discussion Item
ITEM
NJ.
BY:
Assessment Hearingj94-6j
Hartfiel's Estates
/
The city Council is requested to hold a public hearing at 8:01 PM and
to approve the resolution adopting the assessment roll for the
improvement of sanitary sewer, watermain, storm sewer and street
construction for project 94-6, Hartfiel's Estates.
The assessment amount is $355,114.55.
There are two types of assessments being applied to the lots within
this subdivision:
\
) 1. 10 lots owned by the Hartfiels receive full assessments in the
amount of $13,293.39 for street, water, sanitary sewer and
stormwater improvements.
2. 45 lots owned by existing property owners receive a street and
stormwater assessment in the amount of $4,981.00 and have a
deferred assessment of $7,923.54 for sanitary sewer and watermain.
The water and sewer assessment would remain deferred until a
connection is requested. Two of the existing properties have
requested sewer and water connections and the full assessment of
$12,904.54. One parcel previously paid for water and sewer.
One (1) parcel fronting Andover Boulevard (CSAH 16) will receive a
stormwater assessment and a deferred sanitary sewer and water
assessment. This lot does not receive a street assessment as it
fronts on a County Road and does not have side yard on a City
Street.
Attached are the following:
* Resolution adopting the assessment roll
* Notice sent to property owners and newspaper
* List of property owners
* Assessment worksheet and detailed calculations
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, STORM SEWER AND STREETS PROJECT NO.
94-6, HARTFIEL'S ESTATES
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 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 a rate of 7 percent per annum
from the date of the adoption of this assessment resolution.
J
3. The owners, of any property so assessed may, at any time prior
to certification of the assessment to the County Auditor, pay the
whole of the assessment on such property, with interest accrued to the
date of payment, to the City Treasurer.
MOTION seconded by Councilmember
and adopted by
the City Council at a
regular
meeting this
7th
day
of
November
19~, with Councilmembers
voting in favor of the
resolution, and Councilmembers
voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
J. E. McKelvey - Mayor
ATTEST:
Victoria Volk - City Clerk
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
PROJECT 94-6
NOTICE IS HEREBY GIVEN that the city Council of the City of Andover,
Anoka County, Minnesota will meet at the Andover City Hall, 1685
Crosstown Boulevard NW, in the City of Andover, on November 7; 1995 at
8:01 PM to pass upon the proposed assessment for the improvement of
street and storm sewer construction in the following described area:
Hartfiel's Estates
I
The amount to be specially assessed against your particular lot, or
parcel of land $ 4,980.98. You may at any time prior to certification
of the assessment to the County Auditor, pay the entire assessment on
such property, with interest accrued to the date of payment to the
City Treasurer. No interest shall be charged if the entire assessment
is paid within 30 days from the adoption of this assessment. You may
at any time thereafter, pay to the City Treasurer the entire amount of
the assessment remaining unpaid, with interest accrued to December 31
of the year in which such payment is made. Such payment must be made
before November 15 or interest will be charged through December 31 of
the succeeding year. If you decide not to prepay the assessment
before the date given above the assessment shall be payable in equal
annual installments extending over a period of 10 years and shall
bear interest at the rate of 7 percent per year:- The right to
partially prepay the assessment is not available.
The proposed assessment roll Is on file for public insp~ction at the
City Clerk's Office. The total amount of the proposed assessment is
$ 355,114.55. Written and oral objections will be considered at the
meet~ng. No appeal may be taken as to the amount unless a signed,
written objection is filed with the Clerk prior to the hearing or
presented to the presiding officer at the hearing. The Council may
upon such notice consider any objection to the amount of a proposed
individual assessment at an adjourned meeting upon such further notice
to the affected property owners as it deems advisable.
An owner may appeal an assessment to District Court pursuant to
Minnesota statutes section 429.081 by serving notice of the appeal
upon the Mayor or Clerk of the City within 30 days after the adoption
of the assessment and filing such notice with the District Court
within ten days after service upon the Mayor or Clerk.
.'
BY ORDER OF THE CITY COUNCIL
//-t;w ;/~b
Victoria Volk - City Clerk
/
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
PROJECT 94-6
NOTICE IS HEREBY GIVEN that the City Council of the City of Andover,
Anoka County, Minnesota will meet at the Andover City Hall, 1685
Crosstown Boulevard NW, in the City of Andover, on November 7, 1995 at
8:01 PM to pass upon the proposed assessment for the improvement of
sanitary sewer, watermain, street and storm sewer construction in the
following described area:
Hartfiel's Estates
/
The amount to be specially assessed against your particular lot, or
parcel of land $ 12,904.54. You may at any time prior to
certification of the assessment to the County Auditor, pay the entire
assessment on such property, with interest accrued to the date of
payment to the City Treasurer. No interest shall be charged if the
entire assessment is paid within 30 days from the adoption of this
assessment. You may at any time thereafter, pay to the City Treasurer
the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made.
Such payment must be made before November 15 or interest will be
charged through December 31 of the succeeding year. If you decide not
to prepay the assessment before the date given above the assessment
. shall be payable in equal annual installments extending over a period
of 10 years and shall bear interest at the rate of 7 percent per
year:--The right to partially prepay the assessment is-not available.
The proposed assessment roll Is on file for public inspection at the
City Clerk's Office. The total amount of the proposed assessment is
$ 355,114.55. written and oral objections will be considered at the
meeting. No appeal may be taken as to the amount unless a signed,
written objection is filed with the Clerk prior to the hearing or
presented to the presiding officer at the hearing. The Council may
upon such notice consider any objection to the amount of a proposed
individual assessment at an adjourned meeting upon such further notice
to the affected property owners as it deems advisable.
An owner may appeal an assessment to District Court pursuant to
Minnesota Statutes Section 429.081 by serving notice of the appeal
upon the Mayor or Clerk of the City within 30 days after the adoption
of the assessment and filing such notice with the District Court
within ten days after service upon the Mayor or Clerk.
BY ORDER OF THE CITY COUNCIL
./---L.- '/7
!l./{,~; ,_ I/-!!L/
Victoria volk - C~ty Clerk
/
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANORA
STATE OF MINNESOTA
PROJECT 94-6
NOTICE IS HEREBY GIVEN that the City Council of the City of
Andover, Anoka County, Minnesota will meet at the Andover City Hall,
1685 Crosstown Boulevard NW, in the City of Andover, on November 7,
1995 at 8:01 PM to pass upon the proposed assessment for the
improvement of sanitary sewer, watermain, street and storm sewer
construction in the following described area:
Hartfiel's Estates
The amount to be specially assessed against your particular lot, or
parcel of land $ 13,293.39. You may at any time prior to
certification of the assessment to the County Auditor, pay the entire
assessment on such property, with interest accrued to the date of
payment to the City Treasurer. No interest shall be charged if the
entire assessment is paid within 30 days from the adoption of this
assessment. You may at any time thereafter, pay to the City Treasurer
the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made.
Such payment must be made before November 15 or interest will be
charged through December 31 of the succeeding year. If you decide not
to prepay the assessment before the date given above the assessment
shall be payable in equal annual installments extending over a period
of 10 years and shall bear interest at the rate of 7 percent per
year:--The right to partially prepay the assessment is not available.
The proposed assessment roll Is on file for public inspection at the
City Clerk's Office. The total amount of the proposed assessment is
$ 355,114.55. Written and oral objections will be considered at the
meeting. No appeal may be taken as to the amount unless a signed,
written objection is filed with the Clerk prior to the hearing or
presented to the presiding officer at the hearing. The Council may
upon such notice consider any objection to the amount of a proposed
individual assessment at an adjourned meeting upon such further notice
to the affected property owners as it deems advisable.
An owner may appeal an assessment to District Court pursuant to
Minnesota Statutes Section 429.081 by serving notice of the appeal
upon the Mayor or Clerk of the City within 30 days after the adoption
of the assessment and filing such notice with the District Court
within ten days after service upon the Mayor or Clerk.
BY ORDER OF THE CITY COUNCIL
.(-/- ! #
~A,1A-o<-./ ! ',-L<-.
victorla volk - City Clerk
/ ,-".-
26 32 24 23 0035.'
Bruce A & Peggy Bergley
1502 - 146th Ln NW
Andover, MN 55304
26 32 24 23 0038
Rob~rt 5 & Nancy Pettit
14607- Drake 5t NW
Andover, MN 55304
26 32 24 23 0041
Daniel & Astrid Gubbin
1459 - 146th Ave NW
Andover, MN 55304
2F,32 24 23 0044 '
[ an R 5mit
1439 - 146th Ave NW
Andover, MN 55304
26 32 24 23 0047
Charles J & MA Hartfiel
14853 7th Ave NW
Andover, MN 55304
26 32 24 23 0050
Rick & Joanne Nelson
14531 Drake 5t NW
Andover, MN 55304
26 32 24 23 0056~
Clay A & Deanna Heil
14554 Bluebird 5t NW
Andover, MN 55304
26 32 24 23 0061
Gregory Lee
1 ~15 Drake 5t NW
., ..iover, MN 55304
'. ".~".".~.,:..>
,q 7. ":":';'
26 32 24 23. 0063
Thomas D. Schiebout
1425.Andover Blvd. NW
Andover, MN 55304
26 32 24 23 0036
Paul & Deborah wittel
1522 - 146th Ln NW
Andover, MN 55304
26 32 24 23 0039 '
Eva G Alarcon
.1460-3 Drake 5t NW
Andover, MN 55304
26 32 24 23 0042 ,.
Daniel & Astrid Gubbin
1459 - 146th Ave NW
Andover, MN 55304
26 32 24 23 0045
Charles J & MA Hartfiel
14853 7th Ave NW
Andover, MN 55304
..-~. ,...
26 32 24 23 0048
Linda Lee Even
14559 Drake 5t NW
Andover, MN 55304
26 32 24 23 0051
Rick & Joanne Nelson
14531 Drake 5t NW
Andover, MN 55304
26 32 24 23 0057 \.
Callie Heil
7206 E. Edgewood
. Mesa, AZ82208
Lot 15, Block 1
26 32 24 23 0062
Mark & 5L Gugisberg
14608 Drake 5t NW
Andover, MN 55304
26 32 24 23 0034 :.-.
Bruce A & Peggy Bergley
1502 - 146th Ln NW
Andover, MN 55304
26 32 24 23 0037
Robert 5 & Nancy Pettit
Charles J & MA Hartfiel
14595 Drake 5t NW
Andover, MN 55304
26 32 24 23 0040 '
Eva G Alarcon
14603 Drake 5t NW
Andover, MN 55304
26 32 24 23 0043 '
Ellen R 5mit
1439 - 146th Ave NW
Andover, MN 55304
-4'f2~32~4~3:io~oi6~
-Cliffo~d Rj'VP'Zane
1419 - 146th Ave NW
Andover, MN 55304
'-.
Lo~ 16, Block 1, .
26 32 24 23 0062
Mark & SL Gigisberg
14608 Drake St. NW
/ Andover, MN 55304
26 32 24 23 0055~
Randolph & VA Welter
14590 Bluebird st NW
Andover, MN 55304
26 32 24 23 0058 "
James & Kelly Pierson
1415 Andover Blvd NW
Andover, MN 55304
If
I']~ 293. 3"f
HAt:.TF/~L$ t:015
Fv.L.L. AS~$SI"-fE/Vr
$~+ />rt>pI1.,;,Vv$/Z-t),.:J..7
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c('~'" +.:>r' $otr~
it
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26' 32 }~ 23 0054
~a<<d61ph & VA welter
~4590 Bluebird st l{w
~ndover, MN 55304
2r 12 24 23 0003
::",j of Andover
1685 Crosstown Blvd NW
~ndover, MN 55304
26 32 24 23 0006
Douglas & TM Robbins
1439 - 146th Ln NW
Andover, MN 55304
t~~tJ;..':.~~~'~';d'X'ft.~~-e-
_~~~~i ~- ~ ~\l_ ...u..Jj1~."~.F..;..4
~iGhard Tkazik Canst./
. Oc.cupant
1503-- i46th Lane NW
\ndover, MN 55304
26 32 24 23 0012
HC & DH Kuklok
1533 - 146th Ln NW
Andover, MN 55304
26 32 24 23 0015
El1qene & Doris Paschen
~ '32 Drake St NW
Andover, MN 55304
26 32 24 23 0020
Cecelia R Burgwald
14604 Drake St NW
Andover, MN 55304
26 32 24 23 0023
patricia L Park
3517 Blueberry Dr
Lakeland, FL 33811
26 32 24 23 0027
26 32 24 23 0026
Randy & Debbie Dryden
Charles & MS Hartfiel
19433 Uranium st
Anoka, MN 55303
26 32 24 23 0029
Charles & MA Hartfiel
14853 7th Ave NW
. -':iover, MN 55304
7.6 32 24 23 0033
Charles & MA Hartfiel
14853 7th Ave NW
Andover, MN 55304
26 32 24 23 0004
Ervin & JL Balvin
1419 - 146th Ln NW
Andover, MN 55304
26 32 24 23 0007 L
Douglas & TM Robbins
1439 - 146th Ln NW
Andover, MN 55304
26 32 24 23 0010
Kevin & Janie Dahl
1513 - 146th Ln NW
Andover, MN 55304
26 32 24 23 0013
Charles J & MA Hartfiel
14853 7th Ave NW
Andover, MN 55304
26 32 24 23 0016
Eugene & Doris Paschen
14632 Drake st NW
Andover, MN 55304
26 32 24 23 0021
Ronald & Julie Herrmann
14560 Drake st NW
Andover, MN 55304
26 32 24 23 0024
Eric & Barbara Johnstone
14540 Drake st NW
Andover, MN 55304
26 32 24 23 0026
26 32 24 23 0027
Charles & MA Hartfiel
Randy & Debbie Dryden
14853 7th Ave NW
Andover, MN 55304
26 32 24 23 0030
JS Paulson & CO
Youngblom
1428 - 146th Ln NW
Andover, MN 55304
26 32 .2:'1 23 0032
Ben J 'Hartfiel
14853 7th Ave NW
Andover, MN 55304
26 32 24 23 0005
Charles J & MA Hartfiel
14853 7th Ave NW
Andover, MN 55304
26 32 24 23 0008 '
Waylan & Letty Carlson
Charles & MA Hartfiel
1459 - 146th Ln NW
Andover, MN 55304
26 32 24 23 0011 '
Charles J & MA Hartfiel
14853 7th Ave NW
Andover, MN 55304
26 32 24 23 0014
Robert & JM Erickson
1549 - 146th Ln NW
Andover, MN 55304
26 32 24 23 0019
Charles Hartfiel
14853 7th Ave NW
Andover, MN 55304
26 32 24 23 0022 '
Ronald & Julie Herrmann
14560 Drake st NW
Andover, MN 55304
26 32 24 23 0025
Charles & MA Hartfiel
14853 7th Ave NW
Andover, MN 55304
26 32 24 23 0028
Dennis & MR Nelson
1408 - 146th Ln NW
Andover, MN 55304
26 32 24 23 0031
Charles & MA Hartfie'!
14853 7th Ave NW
Andover, MN 55304
.,0
ANDOVER SPECIAL ASSESSMENTS
,PROJECT NAME Hartfi~l's Estat~s
/
FEASIBILITY STUDY: Date
Mav 12. 1994
CONTRACT AWARD:
Date September 7. 1994
FINAL CONTRACT COST
Engineering:
Aerial Mapping (1% of street)
Drainage Plan (0.3% of street/storm)
Administration (3%)
Assessing (1%) Invoice
Bonding (0.5%)
Legal & Easement
Advertising
Testing: Braun Intertec
Other
Construction Interest (6.5%)
SS & WM
9/7/94 to 10/17/95 - 13.3 Months
Total Construction Interest
PROJECT NO.:
Amount $ 480.980 00
Amount $355.691 46
$ 83.308.33
$ 1.526.64
$ 607.93
$ 12.778 49
$ 4.259 50
$ 2.129 75
$ 1.542.50
$ 129.50
$ 1. 930 00
$ 4.336 87
$
$
$ 30.686 12
TOTAL EXPENSES (% of Final Contract Cost = 33.63%)
TOTAL CONDEMNATION COSTS
TOTAL PROJECT COST
Watermain: Connection Charge $ 65.450 00
Area Charge $ 29.769.82
Lateral Charge $
Sanitary Sewer: Connection Charge $ 15.675.00
Area Charge $ 28.010 70
Lateral Charge $
Storm Sewer: Area Charge $ 22 611 12
Trunk Source and Storage'
/
TOTAL TRUNK SOURCE AND STORAGE
Assessment Credit Proj. 94-9
Distributed Cost 94-7
Subtotal
TOTAL TO BE ASSESSED
Current Assessment per Lot:
$
$
/Lot
Hartfiel's Estates (45 Lots)
Hartfiel's Estates (10 Lots)
+ $
+ $
$
-$ 17.498 25
+$
434 60
~
$12,904.54/Lot
$13,293.39/Lot
See Shoeet 8
See Sheet 8
1
94-6
$ 425.949 58
143.235 63
N/A
569.185.21
(~Units
(~Acres
(_LF
(~Units
C2.1......Q..2Acres
(_LF
(l.2.....nAc re s
+$ 161.516.64
-$ 17 .063.65
$ 713.638.20
10/3/95
10640
fj' '-i L
@ $1190 00)
@ $1100.00)
@ $ )
@ $ 285.00)
@ $1035 00)
@ $ )
@ $1742 40)
ANDOVl!:R SPEC:tAL ASSESSM!:NTS
'PROJECT NAME Sharon'~ 2nd Add
/
FEASIBILITY STUDY: Date
Mav 12 1994
CONTRACT AWARD:
Date Seotember 7. 1994
FINAL CONTRACT COST
Engineering:
Aerial Mapping (1% of ~treet)
Drainage Plan (0.3% of ~treet/storm)
Administration (3%)
Assessing (1%) Invoice
Bonding (0.5%)
Legal & Easement
Advertising
Testing: Braun Intertec
Other
Construction Interest (6.5%)
SS & WM
9/7/94 to 10/17/95 - 13.3 Months
Total Construction Interest
PROJECT NO.:
94-7
Amount $ 60.942 00
Amount $ 57.852.00
$ 61. 408 52
$ 13.475 00
$ 120.21
$ 92.09
$ 1.842.26
$ 614.09
$ 307 04
$ 200 00
$ 100 00
$ 400.00
$ 300 00
$
$
$ 4.423.97
TOTAL EXPENSES (% of Final Contract Cost = 35.62%)
TOTAL CONDEMNATION COSTS
TOTAL PROJECT COST
'.
Trunk Source and Storaoe'
/
+ $
+ $
$
21. 874.66
N/A
83.283.18
Watermain: Connection Charge $ 9.520.00
Area Charge $ 4.330.18
Lateral Charge $
Sanitary Sewer: Connection Charge $ 2.280 00
Area Charge $ 4.074.30
Lateral Charge $
Storm Sewer: Area Charge $ 3.288 88
TOTAL TRUNK SOURCE AND STORAGE
Distributed Cost Proj. 94-6
Work Previously Done: Lift Station
Subtotal
TOTAL TO BE ASSESSED
Current Asse~sment per Lot:
$109.347 12 $13,668.39/Lot
8
$13,668.39/Lot See Sheet Sheet 9
<~Units @ $1190.00)
(~Acre~ @ $1100 00)
<_LF @ $ )
( 8 Units @ $ 285 00)
(~Acres @ $1035.00)
(- LF @ $ )
( 1 89Acres @ $1742 40)
+$ 23.493 36
-$
429 42
+$
3.000.00
+$ 2.570 58
$ 109.347.12
,
2
10/3/95
10672
ANDOVER SPECIAL ASSESSMENTS
\
) PROJECT NAMES Hartfeil'~ Estates & Sharon's 2nd Add
FEASIBILITY STUDY: Date
May 12. 1994
CONTRACT AWARD:
Date Seotember 7. 1994
FINAL CONTRACT COST
Engineering:
Aerial Mapping (1% of street)
Drainage Plan (0.3% of street/storm)
Administration (3%)
Assessing (1%) Invoice
Bonding (0.5%)
Legal & Easement
Advertising
Testing: Braun Intertec
Other
Construction Interest (6.5%)
SS & WM
9/7/94 to 10/17/95 = 13.3 Months
Total Construction Interest
PROJECT NO.:
94-7
&
94-6
Amount $ 541.922 00
Amount $413.543.46
$ 487.358.10
$ 96.783.33
$ 1.646.85
$ 700.02
$ 14.620.75
$ 4.873 59
$ 2.436 79
$ 1 742 50
$ 229.50
$ 2.330.00
$ 4.636.87
$
$
$ 35.110.09
TOTAL EXPENSES (% of Final Contract Cost = 33.88%)
TOTAL CONDEMNATION COSTS
TOTAL PROJECT COST
Watermain: Connection Charge $ 74 970 00
Area Charge $ 34.100 00
Lateral Charge $
Sanitary Sewer: Connection Charge $ 17.955 00
Area Charge $ 32.085.00
Lateral Charge $
Storm Sewer: Area Charge $ 25.900 00
/
Trunk Source and Storaae:
TOTAL TRUNK SOURCE AND STORAGE
Assessment Credit Proj. 94-9
+ $
+ $
$
165.110 29
N/A
652.468 39
(~Unit @ $1. 190 00)
C3..l......D.-Ac res @ $1.100 00)
(_LF @ $ )
(~Units @ $ 285.001
(.ll.....Q......Acres @ $1.035.001
(_LF @ $ )
(1.!...liAcres @ $1. 742 40)
+$ 185.010 00
-$ 17.498.25
+$ 3.000.00
5 170.511 75
$ 822.980.14
Work Previously Done: Lift Station
Subtotal
TOTAL TO BE ASSESSED
Current Assessment per Lot:
Hartfiel's Est.
5132.933 90
10
~
(10 Lots) = $13,293.39 See Sheet 8
$ 13,611.54/Lot
Hartfiel's Est
5224.144 10
45
(45 Lots) = $12,904.54
$ 4,980.98/Lot(Assess)
Sharon's 2nd
S109.347.12
8
Addition See Sheet 9
$ 13,668.39
See Sheet 8
S356.560 20
45
$7,923.56(Deferred)
3
10/3/95
10640/10672
Fina1. Costs
'.
Hartfie1.'s Estates
City Project 94-6
Andover, Minnesota
Commission No. 10640
Sanitary Sewer
Sanitary Sewer Division from Bid
Change Order No. 3
Restoration - (Sod & Topsoi1.) ,~ 2
($15,072.00 + $14,112.00) ~- 2
Service to West 50' of Lots 5 & 6
Connect to Exist
8" PVC SDR 35 10-1.2'
8" DIP CL 50 10-12'
4' DIA MIl
4" x 8" PVC Wye
4" PVC SDR 35
4" PVC Vert. C/O
1 EA @ $800.00 -
208.0 LF @ $11.45
20.0 LF @ $29.40
1 EA @ $1,130.00 -
1 EA @ $24.00 -
20.0 LF @ $4.60
1.0 EA @ $17.80
$800.00
$2,381.60
$588.00
$1,130.00
$24.00
$92.00
$17.80
Subtotal
Total - Sanitary Sewer w/restoration
Watennain
/
Watermain Division from Bid
Change Order No. 3
Service to West 50' of Lots
1" Type K Copper
1" Corporation Stop
1" Curb Stop
5 & 6
60.0 LF @ $4.60
1.0 EA @ $15.90
1.0 EA @ $51.00
$276.00
$15.90
$51.00
Subtotal
Total - Watermain
Storm Sewer
Storm Sewer Division from Bid
Total' - Storm Sewer
Streets & Restoration
...
Street Division From Bid
Change Order No. 2
Change Order No. 3
Minus (Sod & Topsoil) - 2
Total - Streets
Total Construction Costs
4
10/3/95
10640/10672
$105,089.39
+413.25
+14,592.00
+5,033.40
$1.25,128.04
$97,462.10
+372.28
+342.90
$98,1.77.28
$49,980.32
$49,980.32
$138,136.18
+15,294.29
+13,825.47
-14,592.00
$152,663.94
$425,949.58
Fi.nal Costs
Sharon's Addn
City Froj. 94-7
Andover, MN
Corom. No. 10672
Sanitary Sewer
Wate:cnain
StoJ:m Sewer
Street & Restoration
Total Constructi.on Cost
\
/
,
.'
5
10/3/95
10672
$15,368.12
$15,341. 85
$18,677.45
$12.021.10
$61,408.52
,
/Assessments based upon Contract:
The lateral costs for Hartfiel's Estates and Sharon's 2nd Addition, Projects 94-6 and 94-7
are as follows:
Hartfiel's
Addition
Sanitary Sewer
Watermain
Storm Sewer
Streets & Restoration
$125,128.04
98,177.28
49,980.32
152.663.94
Estimated Total
Construction Cost
425,949.58
Contingencies
Engineering
Legal
Fiscal
Administration
Total Expenses
14,920.19
83,308.33
1,542.50
30,686.12
12.778 49
$143,235.63
Total Project Cost
$569,185.21
/
Street Credit G~ven to Hartf~el's Addit~on (45 Lots)
Credit Offered by Gorham Builders
Street and Restoration
5 Units x $3,499.69
Credit Per Unit ~
Credit offered by Hartfiel
10 Units x 318.15/unit
Credit Per Unit ~
Total Credit to Hartfiel's Add. (45 Lots)
Sharon's 2nd
Addition Only
$15,368.12
15,341.85
18,677.45
12.021.10
61,408.52
1,933.43
13,475.00
200.00
4,423.97
1. 842 26
$21,874.66
$83,283.18
Costs
$17,498.45
S17 498 45
55 =
$3,181.50
S3.181.50
45 -
Charge Per Unit ~
Pond "e" Pumping Facility Charge to Sharon's 2nd Addition
6
S3.000 0...0.
8 =
Total
$140,496.16
113,519.13
68,657.77
164.685.04
487,358.10
16,853.62
96,783.33
1,742.50
35,110.09
14.620.75
$165,110.29
$652,468.39
$318.15
$70.70
$388.85
$375.00/Lot
10/3/95
10640/10672
\Rate Calculations - Hartfiel's Estates and Sharon's 2nd Addition
/
1. Sanitary Sewer Rate:
Lateral Benefit ($140,496.15 x 1.3388) =
Lateral Sanitary Sewer Rate = $188,096.25/63 Lots
2.
Wate:cnain Rate:
Lateral Benefit ($113,519.13 x 1.3388) =
Lateral Watermain Rate - $151,977.86/63 Lots
3.
Sto~ Sewer Rate:
Lateral Benefit ($68,657.77 x 1.3388) -
Lateral Storm Sewer Rate - $91,919.02/63 Lots -
Storm Sewer Area Assessments - 17,500 Sq. Ft.
x .04 Sq. Ft. - 700.00/Lot 37 x 700 - $25,900/63 Lots
Storm Sewer Lateral Rate and Area Assessments -
4.
Street and Restoration Rate:
Lateral Benefit ($164,685.04 x 1.3388)
Lateral Street and Restoration Rate -
$220,480.33/63 Lots
5 . Sewer and Water Trunk Rate:
Sanitary Trunk Connection =
Watermain Trunk Connection
Sanitary trunk Area
(31.0 Acre x $1,035.00/Acre)/63 Lots =
Water Trunk Area
(31.0 Acre x $1,100.00)/63 Lots
Trunk Charge Per Lot
7
$188,096.26
$2, 985. 65/Unit
$151,977.86
$2, 412.35/Unit
$91,919.02
$1,459.03/Unit
$411.11/Unit
$1,870.14
$220,480.33
$3,499.69
$285.00/Lot
$1,190.00/Lot
$509.29/Lot
$541.27/Lot
$2,525.56/Unit
~
10/3/95
10640/10672
,Cost Per Lot - Hartfie1's (45 Lots)
/
Sanitary Sewer Lateral*
Watermain lateral*
Storm Sewer Lateral and Area
Street and Restoration
Sewer and Watermain Trunk Charge*
Less Street Credit
Tota1 1atera1 and Trunk Per Lot
Assessment Per Lot $1,870.14 + $3,499.69 - $388.85
Total Amount to be Assessed $4,980.98 x 45 Lots +
Tota1 Amount to be Deferred:
$2,985.65 + $2,412.35 + $2,525.56) x 45 Lots -
*Deferred Until Time of Connection
Cost Per Lot - Hartfie1's 10 Lots
Sanitary Sewer Latera1
Watermain Latera1
Storm Sewer Lateral and Area
Street and Restoration
Sewer and Watermain Trunk Charge
I
Tota1 Lateral and Trunk Per Lot
Total Amount to be Assessed
Summary Hartfie1's Estates - A11 Lots
Total Amount to be Assessed
$224,144.10 + $136,115.40 =
Total Amount to be Deferred
Total Project Cost
.'
8
~
$2,985.65
2,412.35
1,870.14
3,499.69
2,525.56
-388 85
$12,904.54
$4,980.98
$224,144.10
$356,560.20
$7, 923.56/Lot*
$2,985.65
2,412.35
1,870.14
3,499.69
2.525.56
13,293.39
$132,933.90
$357,078.00
$356,560.20
$713,638.20
10/3/95
10640/10672
:ost Per Lot - Sharon's 2nd Addition
/"
Sanitary Sewer Lateral
Watermain lateral
Storm Sewer Lateral and Area
Street and Restoration
Sewer and Watermain Trunk
Total Lateral and Trunk Per Lot
Pond "Cn Pumping Facility Charge
Total Assessment per Lot
Total Assessment 8 Lots x $13,668.39 -
j
..
.J
9
$2,985.65
$2,412.35
$1,870.14
$3,499.69
$2,525.56
$13,293.39
$375.00
$13,668.39
$109,347.12
10/3/95
10640/10672
NDV-02-1995 11:11
TKffi
HARTFIEL'S ESTATES
PROJECT 94-6
I
HARTFIEL'S ESTATES (PRIVATELY OWNED)
FEASIBILITY REPORT 5/21/94
SUPPLEMENTAL REPORT 6/19/94
FINAL COST
HARTFIEL'S LOTS ONLY
I
FEASIBILITY REPORT 5/21/94
SUPPLEMENTAL REPORT 6/19/94
FINAL COST
/
ST. & STORM
$5,475
4,79B
4,981
ST. & STORM
$5,495
5,475
5,370
612 292 0083 P.03/08
SEW/WAT
$6,742.
6,742
7,924
SEWIWAT
$6,742
6,742
7,923
TOTAL
$12,217
11,540
12,905
TOTAL
$12,217
12,217
13,293
Comm. No. 10640
NOV-02-1995 11:11
TKM
612 292 0083 P.04/08
/
HARTFIEL'S ESTATES
PROJECT 94-6
ADDITIONAL WORK AND AD..!USTED COST FROM 5/12/94 TO 1117195
SEWER CONNECTION
WATER CONNECITON
SEWER AREA
WATER AREA
.1001
$275/UNIT
1,145/UNIT
995/ACRE
1,058/ACRE
~
$285/UNIT
1,190/UNIT
1,035/ACRE
1,100/ACRE
CHAt-mE ORDER NO.3 FOR ADDED SOD AND TOPSOIL
, I
50% TO STREET AND RESTORATION
50% TO SEWER AND WATER
STREETS AND RESTORATION
SEWER AND WATER
$14,592
$14,592
+ $3101l0T
+ $310/LOT
OVERRUN ON UNIT PRICES - STREET~
EXCAVATION
CURB AND GUITER
BITUMINOUS MATAERIAL
CORRECTIVE DRIVEWAY WORK
$8,136
$4,395
$8,303
$4.498
TOTAL
$25,332
STREETS AND RESTORATION
+ $53B1LOT
/
Comm. No. 10640
NDV-02-1995 11:12
TKDA
612 292 0083 P.06/08
ANAL COST ANALYSIS
140TH LANE NW PROJ 9~3 COMM. NO.1 0671
.'
CONTRACT COSTS:
Trunk Sanitary Sewer
Trunk Watennain
$77,826.70
$30,176.05
$18.077.5Q
$126,080.25
C.O. No.6 & 7
Contract Total
CONSTRUCTION COSTS:
Trunk Sanitary Sewer
$77.826.70 + $9,038.75 x 1.2666 '"
$110,023.78
Trunk Watennain
$30,176.50 + $9,038.75 x 1 :2666 =
$49.670.04
$159,693.82
Total Construction Cost
\ PER LOT ASSESSMENT FOR 15 LOTS LATERAL BENEAT:
. ,
Assume 80' Standard Lot Width/Unit, 150' Average Lot Depth
Area/Lot = 12.000 SF = 0.28 Acres
Sanitary Sewer Assessment
lateral 80 LF X $22.00
Area 0.28 Acres x $1,035.00
Connection 1 Each x ~285.00
1995 Sanitary Sewer Service
$1,760.00
$289.80
$285.00
$2,334.80
Water Service Assessment
Lateral 80 LF x $22.00
Area 0.28 Acres x $1,100.00
Connection 1 Each x $1,190.00
$1,760.00
308.00
$1.190.QQ
$3,258.00
$5,592.80
1995 Water Service
1995 Assessment for Water and Sanitary Sewer
10671
10/2fQS
NOV-02-1995 11:12
TKDA
612 292 0083 P.07/08
CITY SHARE LESS LATERAL BENEFIT:
Trunk Sanitary Sewer
Construction Cost x 1 .2666
Potential Deferred Assessments,
15 Each @ $2,334.80"
Camed for Future Area and Connection Charges
(This would require 32 additional
connections) .
Trunk Watermain
Construction Cost x 1 .2666
Potential Deferred Assessments,
15 Each @$3,258.00"
Excess to Trunk, Service and Storage Fund
*Based upon 1995 Construction Fees
CURRENT ASSESSMENT
STREET AND STORM SEWER:
/
Contract Costs
Streets
Storm Sewer
Contract Total
Construction Costs
Streets 39,283.00 x 1.2666 ..
Stann Sewer 6,188.63 x 1.2666 =
Total Construction Cost ""
To Be Assessed To proj 93-12
Construction Credit $9,542 x1.2666 =
To Be Assessed
Cost Per lot:
45,503.47-;-7 lots =
/
$110,023.78
$35.022.00
-$75,001.78
$49,670.04
$48.870.00
-$800.00
$39,283.17
$6.188.63
$45,471.80
$49,755.85
$7.833.52
$57,589.37
$12.085.9Q
$45,503.47
$6.500.50
10671
10/2/95
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 7, 1995
DATE
Discussion Item
Scott Erickson, he
Engineering 'Vl-
APPROVED
FOR AGENDA
AGENDA
f\Q
SECTION
ORIGINATING DEPARTMENT
ITEM
f\Q
Assessment Hearing/94-3/
140th Lane NW
i:;p~
,:)
The City Council is requested to hold a public hearing at 8:01 PM and
to approve the resolution adopting the assessment roll for the
improvement of storm sewer and street construction for Project 94-3,
140th Lane NW.
The total amount to be assessed is $45,503.47.
,
)
The street and storm sewer assessment amount per lot is $6,500.50.
Water and sewer services were also installed for the lots in this
area. The properties will need to petition for connection for water
and sewer service prior to connecting and pay the water and sewer
costs at that time.
Attached are the following:
* Resolution adopting the assessment roll
* Notice sent to property owners and newspaper
* List of property owners
* Assessment worksheet and calculations
j
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
November 7, 1995
AGENDA
1'0.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Discussion Item
Scott Erickson,
Engineering
ITEM
1'0.
BY:
Assessment Hearing/94-3/
140th Lane NW
The City Council is requested to hold a public hearing at 7:00 PM and
to approve the resolution adopting the assessment roll for the
improvement of storm sewer and street construction for project 94-3,
140th Lane NW.
The total amount to be assessed is $45,503.47.
~ The street and storm sewer assessment amount per lot is $6,500.50.
/
Water and sewer services were also installed for the lots in this
area. The properties will need to petition for connection for water
d ., t t' ..-s:rs
an sewer serVlce prlor 0 connec lng~~ P"'1 ~L ,-,.k.. . ~l...."- _>l.> '-.~-/
Attached are the following: IL../ 1,-<..
* Resolution adopting the assessment roll
* Notice sent to property owners and newspaper
* List of property owners
,
/
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
STORM SEWER AND STREETS PROJECT NO. 94-3, 140TH LANE NW
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 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 a rate 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 prior
to certification of the assessment to the County Auditor, pay the
whole of the assessment on such property, with interest accrued to the
date of payment, to the City Treasurer.
MOTION seconded by Councilmember
and adopted by
the City Council at a
regular
meeting this
7th
day
of
November
, 19~, with Councilmembers
voting in favor of the
resolution, and Councilmembers
voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
J. E. McKelvey - Mayor
ATTEST:
victoria Volk - City Clerk
,
CITY of ANDOVER
/
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
PROJECT 94-3
NOTICE IS HEREBY GIVEN that the City Council of the City of
Andover, Anoka County, Minnesota will meet at the Andover City Hall,
1685 Crosstown Boulevard NW, in the City of Andover, on November 7,
1995 at 8:01 PM to pass upon the proposed assessment for the
improvement of street and storm sewer construction in the following
described area:
140th Lane NW
The amount to be specially assessed against your particular lot, or
parcel of land $ 6,500.50. You may at any time prior to certification
of the assessment to the County Auditor, pay the entire assessment on
such property, with interest accrued to the date of payment to the
City Treasurer. No interest shall be charged if the entire assessment
is paid within 30 days from the adoption of this assessment. You may
at any time thereafter, pay to the City Treasurer the entire amount of
the assessment remaining unpaid, with interest accrued to December 31
/ of the year in which such payment is made. Such payment must be made
before November 15 or interest will be charged through December 31 of
the succeeding year. If you decide not to prepay the assessment
before the date given above the assessment shall be payable in equal
annual installments extending over a period of 10 years and shall
bear interest at the rate of 7 percent per year:- The right to
partially prepay the assessment is not available.
The proposed assessment roll Is on file for public inspection at the
City Clerk's Office. The total amount of the proposed assessment is
$ 45,503.47. Written and oral objections will be considered at the
meet1ng. No appeal may be taken as to the amount unless a signed,
written objection is filed with the Clerk prior to the hearing or
presented to the presiding officer at the hearing. The Council may
upon such notice consider any objection to the amount of a proposed
individual assessment at an adjourned meeting upon such further notice
to the affected property owners as it deems advisable.
An owner may appeal an assessment to District Court pursuant to
Minnesota Statutes Section 429.081 by serving notice of the appeal
upon the Mayor or Clerk of the City within 30 days after the adoption
of the assessment and filing such notice with the District Court
within ten days after service upon the Mayor or Clerk.
BY ORDER OF THE CITY COUNCIL
~d~
V1ctorla Volk - C1ty Clerk
16 ~'" 24 22 0003
D~uglas & A.J. steele
P.O. Box 638
Andover, MN 55304
- -, 32 24 22 0007
...vid & Elizabeth Erickson
745 - l40th Lane NW
Andover, MN 55304
36 32 24 22 0005
Paul & Dorraine Olson
14030 Prairie Rd NW
Andover, MN 55304
94-3
36 32 24 22 0008
David & S.L. Szykulski
752 - l40th Lane NW
Andover, MN 55304
36 32 24 22 0004
Craig & Ruth Kostelecky
732 - l40th Lane NW
Andover, MN 55304
36 32 24 22 0006
Kevin & Lucy Denekamp
665 - l40th Lane Nw
Andover, MN 55304
36 32 24 22 0002
Douglas & A.J. Steele
P.O. Box 638
Andover, MN 55304
NOV-02-1995 11:11
TKDA
612 292 0083 P.05/08
PROJECT NAME 140th L~np NW
ANDOVlm SPJl:C:tAL ASSBSSMENTS
PROJECT NO.: C}4-3
FEASIBILITY STUDY: D~te
,
Sept. 17. 1CJ94
Date .Tune 21, 1 qq4 IC o. 11)
Amount $139 231.03
":ONTRACT AW1Ul.D:
FTNAT. CONTRJ\,CT COST
Engineering:
Aerial Mapping (1% of street)
Drainage Plan (0.3% of atreet/~tor.m)
Adm1nistration (3%)
Asses~ing (1%) Invoice
Bonding (0.5%)
Legal & Easement
Advertising
Testing:
Public Works C1tv Co~r.
Construction Interest (6.5%)
6/21/94 to 10/17/95 - 16 Months
Anoka County Fee
Amount $~13.300 00
$ 24.573 98
$ 392.83
$ 136 42
$ 5,146.56
$ 1,715 52
$ 857 76
$ 415 57
$ 30 77
$ 900 00
$ 357.50
$ 171,552.05
$ 11,150.88
$ 53 50.
TOTAL F.XPENSES (% of Final Contract COst - 26.66%)
TOTAL CON~F,~ATION COSTS
TOTAL PROJEC'I' COST
Trunk Source and S~ora~e'
+
S 45.7~1 14
$ NONE
$ 217.283 1q
To Be Assessed When Connected
/
Watermain: Connection Charge
A:r;-ea Charge
Lateral Charge
Sanitary Sewer; Connection Charge
Area Charge
Lateral Charge
Storm Sewer: Area Charge
TOTAr. TRUNK SOURCE AND STORAGE
City Share: $126 080.25 x
21>66 -
Credit Project 93-12;
$
$
$
$
$
$
$
<_Unit @ $
< Acres @ $
<_LF @ $
<_Un:i.t::! @ $
< Ac:r:ea @ $
( T.!' @ $
( Acres @ $
+$ To be Asses9~d
wh@n connected
-$ 159,693.82
-.$ 12 OA5 90
Subtotal
TOTAL TO BE ASSlI:SSI!lD
Current Asses~ent per Lot:
$45.503 47 - $6,500.50*
7 Lots
$
.$ 45.503 47
Feasib~lLty Report $6,031.00 6/16/94
* $9,542 X 1.2666 = 12,085.90 to Asses::! Proj. 93-L2
Hills of Sunker Lake 5th Addn
10671
10/2/95
CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
November 7, 1995
DATE
Discussion Item
scot~ Eri<;=kson'.rl
Eng~neenng cpL-
APPROVED
FOR AGENDA
AGENDA
t-D.
SECTION
ORIGINATING DEPARTMENT
ITEM
t-D.
Assessment Hearing/93-10/
SuperAmerica
~
J.
The City Council is requested to hold a public hearing at 8:01 PM and
to approve the resolution adopting the assessment roll for the
improvement of sanitary sewer, watermain and storm sewer construction
for Project 93-10, SuperAmerica.
The assessment amount is $41,160.30.
Attached are the following:
* Resolution adopting the
* Notice sent to property
* List of property owners
assessment roll
owners and newspaper
MOTION BY:
SECOND BY:
TO:
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 AND STORM SEWER PROJECT NO. 93-10,
SUPERAMERICA
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 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 a rate 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 prior
to certification of the assessment to the County Auditor, pay the
whole of the assessment on such property, with interest accrued to the
date of payment, to the City Treasurer.
MOTION seconded by Councilmember
and adopted by
the City Council at a
regular
meeting this
7th
day
of
November
, 19~, with Councilmembers
voting in favor of the
resolution, and Councilmembers
voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
J. E. McKelvey - Mayor
ATTEST:
Victoria Volk - Clty Clerk
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
PROJECT 93-10
NOTICE IS HEREBY GIVEN that the City Council of the City of
Andover, Anoka County, Minnesota will meet at the Andover City Hall,
1685 Crosstown Boulevard NW, in the City of Andover, on November 7,
1995 at 8:01 PM to pass upon the proposed assessment for the
improvement of sanitarr sewer, watermain and storm sewer construction
in the following descr~bed area:
/
SuperAmerica
The amount to be specially assessed against your particular lot, or
parcel of land $ 41,160.30. You may at any time prior to
certification of the assessment to the County Auditor, pay the entire
assessment on such property, with interest accrued to the date of
payment to the City Treasurer. No interest shall be charged if the
entire assessment is paid within 30 days from the adoption of this
assessment. You may at any time thereafter, pay to the City Treasurer
the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is. made.
Such payment must be made before November 15 or interest will be
charged through December 31 of the succeeding year. If you decide not
to prepay the assessment before the date given above the assessment
shall be payable in equal annual installments extending over a period
of 10 years and shall bear interest at the rate of 7 percent per
year:--The right to partially prepay the assessment is not available.
The proposed assessment roll Is on file for public inspection at the
City Clerk's Office. The total amount of the proposed assessment is
$ 41,160.30. written and oral objections will be considered at the
meeting. No appeal may be taken as to the amount unless a signed,
written objection is filed with the Clerk prior to the hearing or
presented to the presiding officer at the hearing. The Council may
upon such notice consider any objection to the amount of a proposed
individual assessment at an adjourned meeting upon such further notice
to the affected property owners as it deems advisable.
An owner may appeal an assessment to District Court pursuant to
Minnesota Statutes Section 429.081 by serving notice of the appeal
upon the Mayor or Clerk of the City within 30 days after the adoption
of the assessment and filing such notice with the District Court
within ten days after service upon the Mayor or Clerk.
BY ORDER OF THE CITY COUNCIL
UMJ d~
Vlctoria volk - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
November 7, 1995
AGENDA
t-.O
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Di~(,"l1~~inn It-ern
Scot~ Eri~kson,~!
Eng~neenng etL
ITEM
t-.O
Assessment Hearing/94-5/
SuperAmerica
VA
4
The City Council is requested to hold a public hearing at .8:01 PM and
to app~ove the resolution adopting the assessment roll for the
improvement of watermain construction for Project 94-5, superAmerica.
The assessment amount is $6,160.00.
,
/
Attached are the following:
* Resolution adopting the assessment roll
* Notice sent to property owners and newspaper
* List of property owners
\
)
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
WATERMAIN PROJECT NO. 94-5,
SUPERAMERICA
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 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 a rate 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 prior
to certification of the assessment to the County Auditor, pay the
whole of the assessment on such property, with interest accrued to the
date of payment, to the City Treasurer.
MOTION seconded by Councilmember
and adopted by
the City Council at a
regular
meeting this
7th
day
of
November
, 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
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANORA
STATE OF MINNESOTA
PROJECT 94-5
/
NOTICE IS HEREBY GIVEN that the City Council of the City of
Andover, Anoka County, Minnesota will meet at the Andover City Hall,
1685 Crosstown Boulevard NW, in the City of Andover, on November 7,
1995 at 8:01 PM to pass upon the proposed assessment for the
improvement of watermain construction in the following described area:
SuperAmerica
The amount to be specially assessed against your particular lot, or
parcel of land $ 6,160.00. You may at any time prior to certification
of the assessment to the County Auditor, pay the entire assessment on
such property, with interest accrued to the date of payment to the
City Treasurer. No interest shall be charged if the entire assessment
is paid within 30 days from the adoption of this assessment. You may
at any time thereafter, pay to the City Treasurer the entire amount of
the assessment remaining unpaid, with interest accrued to December 31
of the year in which such payment is made. Such payment must be made
before November 15 or interest will be charged through December 31 of
the succeeding year. If you decide not to prepay the assessment
before the date given above the assessment shall be payable in equal
annual installments extending over a period of 10 years and shall
bear interest at the rate of 7 percent per year:- The right to
partially prepay the assessment is not available.
The proposed assessment roll Is on file for public inspection at the
City Clerk's Office. The total amount of the proposed assessment is
$ 6,160.00. Written and oral objections will be considered at the
meeting. No appeal may be taken as to the amount unless a signed,
written objection is filed with the Clerk prior to the hearing or
presented to the presiding officer at the hearing. The Council may
upon such notice consider any objection to the amount of a proposed
individual assessment at an adjourned meeting upon such further notice
to the affected property owners as it deems advisable.
An owner may appeal an assessment to District Court pursuant to
Minnesota Statutes Section 429.081 by serving notice of the appeal
upon the Mayor or Clerk of the City within 30 days after the adoption
of the assessment and filing such notice with the District Court
wjthin ten days after service upon the Mayor or Clerk.
BY ORDER OF THE CITY COUNCIL
U~d
victorla V01~ City
Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
November 7, 1995
AGENDA
t\O.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Discussion Item
scot~ Eri~kson, ^(
Englneerlng CJ.I
ITEM
t\O.
Assessment Hearing/94-18/
Section 22
~
5.
The City Council is requested to hold a public hearing at 8:01 PM and
to appr.ove the resolution adopting the assessment roll for the
improvement of trunk sanitary sewer and trunk watermain construction
for Project 94-18, Section 22.
The assessment amount for the expansion of the existing Andover
Elementary School is $108,509.18 and the assessment amount for Oak
view Middle School is $312,099.22, for a total assessment amount of
$420,608.40.
,
,
I
The assessments have already been paid by the School District. The
hearing is required as a part of the assessment process.
Attached are the following:
* Resolution adopting the assessment roll
* Notice sent to property owners and newspaper
* List of property owners
I
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
TRUNK SANITARY SEWER AND TRUNK WATERMAIN PROJECT NO. 94-
18, SECTION 22
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 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 a rate of 7 percent per annum
I from the date of the adoption of this assessment resolution.
3. The owners, of any property so assessed may, at any time prior
to certification of the assessment to the County Auditor, pay the
whole of the assessment on such property, with interest accrued to the
date of payment, to the City Treasurer.
MOTION seconded by Councilmember
and adopted by
the City Council at a
regular
meeting this
7th
day
of
November
, 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
//
~.c;
\
CITY OF ANDOVER-
COUNTY OF ANOKA
STATE OF MINNESOTA
CITY of ANDOVER
/
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
PROJECT 94-18
NOTICE IS HEREBY GIVEN that the City Council of the City of Andover,
Anoka County, Minnesota will meet at the Andover City Hall, 1685
Crosstown Boulevard NW, in the City of Andover, on November 7, 1995 at
8:01 PM to pass upon the proposed assessment for the improvement of
trunk sanitary sewer and trunk watermain construction in the following
described area:
/
Section 22 (Expansion of th~ existing Andover Elementary School)
The amount to be specially assessed against your particular lot, or
parcel of land $ 108,509.18. You may at any time prior to
certification of the assessment to the County Auditor, pay the entire
assessment on such property, with interest accrued to the date of
payment to the City Treasurer. No interest shall be charged if the
entire assessment is paid within 30 days from the adoption of this
assessment. You may at any time thereafter, pay to the city Treasurer
the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made.
Such payment must be made before November 15 or interest will be
charged through December 31 of the succeeding year. If you decide not
to prepay the assessment before the date given above the assessment
shall be payable in equal annual installments extending over a period
of 10 years and shall bear interest at the rate of 7 percent per
year:--The right to partially prepay the assessment is-not available.
The proposed assessment roll is on file for public inspection at the
City Clerk's Office. The total amount of the proposed assessment is
$ 420,608.40. Written and oral objections will be considered at the
meeting. No appeal may be taken as to the amount unless a signed,
written objection is filed with the Clerk prior to the hearing or
presented to the presiding officer at the hearing. The Council may
upon such notice consider any objection to the amount of a proposed
individual assessment at an adjourned meeting upon such further notice
to the affected property owners as it deems advisable.
An owner may appeal an assessment to District Court pursuant to
Minnesota Statutes Section 429.081 by serving notice of the appeal,
upon the Mayor or Clerk of the City within 30 days after the adoption
of the assessment and filing such notice with the District Court
within ten days after service upon the Mayor or Clerk.
.'
BY ORDER OF THE CITY COUNCIL
,.
'/lJ~A~jtl~
Victoria Volk - City Clerk
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
PROJECT 94-18
NOTICE IS HEREBY GIVEN that the City Council of the City of
Andover, Anoka County, Minnesota will meet at the Andover City Hall,
1685 Crosstown Boulevard NW, in the City of Andover, on November 7,
1995 at 8:01 PM to pass upon the proposed assessment for the.
improvement of trunk sanitary sewer and trunk watermain construction
in the following described area:
Section 22 (Oak View Middle School)
/
The amount to be specially assessed against your particular lot, or
parcel of land $ 312,099.22. You may at any time prior to
certification of the assessment to the County Auditor, pay the entire
assessment on such property, with interest accrued to the date of
payment to the City Treasurer. No interest shall be charged if the
entire assessment is paid within 30 days from the adoption of this
assessment. You may at any time thereafter, pay to the City Treasurer
the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made.
Such payment must be made before November 15 or interest will be
charged through December 31 of the succeeding year. If you decide not
to prepay the assessment before the date given above the assessment
shall be payable in equal annual installments extending over a period
of 10 years and shall bear interest at the rate of 7 percent per
yea~The right to partially prepay the assessment is-llot available.
The proposed assessment roll is on file for public inspection at the
City Clerk's Office. The total amount of the proposed assessment is
$ 420,608.40. Written and oral objections will be considered at the
meeting. No appeal may be taken as to the amount unless a signed,
written objection is filed with the Clerk prior to the hearing or
presented to the presiding officer at the hearing. The Council may
upon such notice consider any objection to the amount of a proposed
individual assessment at an adjourned meeting upon such further notice
to the affected property owners as it deems advisable.
An owner may appeal an assessment to District Court pursuant to
Minnesota Statutes Section 429.081 by serving notice of the appeal
upon the Mayor or Clerk of the City within 30 days after the adoption
of the assessment and filing such notice with the District Court
within ten days after service upon the Mayor or Clerk.
BY ORDER OF THE CITY COUNCIL
IU;~ . tlrdJ .
victoria Volk - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
November 7, 1995
AGENDA
t-n
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Public Hearina
Finance
ITEM
t-n
Assessment Hearing/Certify
Delinquent utility Bills
~
Jean D. McGann
Finance Director
8Y~;cL
t.
REQUEST
The Andover City Council is requested to approve the attached
resolution adopting the assessment roll after the Council has
met, heard and passed upon all objections for delinquent sewer,
water and street lighting service charges.
The assessment roll will be presented to the City Council at the
meeting Tuesday evening.
\
/
BACKGROUND
The owners of the parcels with delinquent sewer, water and/or
street lighting service charges have been notified of the
proposed assessment and certification process. The
delinquent balances for the proposed assessment totaled
$51,114.57 as of November 2, 1995.
Notice of the assessment hearing was mailed to affected property
owners on September 27, 1995. Payments received through
November 2, 1995 have been applied to the delinquent
accounts, reducing the delinquent balances due to $41,155.85. An
administrative fee equal to 15 percent of the delinquency plus
interest of 8 percent is added to each delinquent account.
Therefore, the total assessment for delinquent sewer, water and
street light services is $51,115.57.
The resolution adopting the assessment roll is attached.
\
)
MOTION BY:
SECOND BY:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the folowing:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF
DELINQUENT SEWER, WATER AND/OR STREET LIGHTING SERVICE CHARGES.
WHEREAS, pursuant to a proper notice duly given as required by law, the
council has met, heard and passed upon all objections to the proposed
assessment for the delinquent sewer, water and/or street lighting se~vice
charges.
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 constitite the special
assessment against the lands named therein, and each tract of land therein
included is hereby found to be benefitted by the proposed improvement in
the amount of the assessment levied against it.
,
2. Such assessment shall be payable in one annual installment on or
before the first Monday of January, 1996 and shall bear interest at the
rate of 8 percent per year.
. /
3. The owners, of any property so assessed may, at any time prior to
certification of the assessment to the Cou~ty 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
reslution.
MOTION seconded by Councilmember and adopted by
the City Council of the City of Andover on this 7th day of November,
1995.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey, Mayor
Victoria Volk - Clty Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
November 7, 1995
AGENDA
r-.o
SECTION
Discussion
ORIGINATING DEPARTMENT
ITEM
r-.o
Planning
--=e-
APPROVED
FOR AGENDA
Variance
Construct Additions
Non-conforming Use
14905 Crosstown Blvd.
James Martensen
BY:
David L. Carlberg
Planning Director
7.
NW
REQUEST
The City Council is requested to review the variance application
of James Martensen to Ordinance No.8, Section 4.03, Non-
conforming Uses and Structures to allow for the construction of
additions on a single family residence which is a lawfully
existing non-conforming use located at 14905 Crosstown Boulevard
NW, legally described on the attached resolution.
For further background information, please review the attached
staff reports and minutes from the September 26 and October 24,
1995 Planning and zoning Commission meetings.
J
PLANNING & ZONING COMMISSION REVIEW
The Planning and Zoning Commission on October 24, 1995, made the
motion to recommend to the City Council approval of the variance
request. Attached is a resolution for Council review and approval
that reflects the motion made by the Commission.
j
MOTION BY:
SECOND BY:
;
CITY of ANDOVER
PLANNING AND ZONING COMMISSION MEETING - OCTOBER 24, 1995
MINUTES
The Regular Bi-Monthly Meeting of the Andover Plannin~d Zoning
Commission was called to order by Chairperson Jay Squires on October 24,
1995, 7:00 p.m. at the Andover City Hall, 1685 Cros town Boulevard NW,
Andover, Minnesota.
Commissioners absent:
Also present:
Maynard Apel, Cath ~ne Doucette, Bev
Jovanovich, Jeff y Luedtke, Randy Peek,
Jerry Putnam
None
Assistant ~ty Engineer, Todd Haas
City PI ning Director, David Carlberg
Other
Commissioners present:
APPROVAL. OF MINUTES
, J
October 10, 1995: PUBLIC HEARING: AMEND ORDINANCE NO.8,
SECTION 4.0, first paragraph, second sentence, change to:
"Currently single family residential properties are required to
have a m' imum 440-foot garage."
Page 4, first paragraph, first sentence, change
ren" to "child".
y Peek, Seconded by Doucette, to approve the Minutes as amended.
carried on a 6-Yes", l-Present (Putnam) vote.
1\l\ VARIANCE CONTINUED - CONSTRUCTION OF AN ADDITION ON A NONCONFORMING LOT
~AND STRUCTURE - 14905 CROSSTOWN BOULEVARD NW - JAMES MARTENSEN
Mr. Carlberg reviewed the letter from Jon Olson of the Anoka County
Highway Department which explained the county's position on the parcel
in question. Negotiations to purchase the parcel for right-of-way
purposes broke down when they were not able to reach an agreement on the
purchase price of the property. Also, since the county overlaid
Crosstown Boulevard approximately two years ago, the upgrading of the
road has been deleted from the Anoka County Five-Year Plan. It is
estimated that reconstruction of that portion of Crosstown Boulevard
between Andover Boulevard and CSAH #78 will not take place for another
eight to twelve years. The intent was to acquire the entire parcel for
the proposed right-of-way.
Mr. Carlberg explained the variance is to allow the additions onto the
single family residence. Because the parcel is zoned General Recreation,
the structure is a legally existing nonconforming structure, as single
family residences are not allowed in the GR District. If the structure
is damaged beyond SO percent of its value for any reason, it would be
made to comply with current ordinances. Commissioner Apel abhorred that
regulation because the property was made nonconforming through the
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 24, 1995
" Page 2
{Variance Addition on a Nonconforming Lot and Structure, 14905
Crosstown Boulevard, Continued}
actions of the governmental agencies, which he considers a regulatory
taking. The amount offered by the county was not enough to allow the
owner to acquire another home. Over the years the government regulations
have taken away the enjoyment by the owner and will take away the
property if there is a disaster because the property becomes worthless.
Jim Martensen. 14905 Crosstown Boulevard - understood that his home
currently does meet the setback requirements. He is 50 feet from the
right of way. Mr. Carlberg explained the county is now requesting 120..
foot right-of-ways; however, it does meet the setbacks for the existing
66-foot right-of-way.
Mr. Martensen - ~oted the county is not looking to reconstruct the road
for another 10 to 12 years. The proposed addition would also bring the
structure into compliance with the square footage requirements of the
ordinance. Mr. Carlberg explained this is a GR District, where single
family residences are not allowed; however, the proposed addition would
upgrade the structure to meet the minimum 960 square-foot requirement in
residential zones. Even before the rezoning to GR, the parcel did not
meet the minimum requirements for the R-1 zone.
Commissioner Putnam didn't think there was an objection to the variance
/
request per se when it was discussed at the September 26 meeting. The
item was tabled to obtain more information. He does agree with
Commissioner Apel. Variances have been granted in the past where
properties have become nonconforming due to governmental action.
Commissioner Apel again stated it is the City's regulations that caused
Mr. Martensen problems, that is the widening of the road and the change
in zoning. In the past the Councils have found ways to allow these
types of requests when the problems resulted from the City's action.
Chairperson Squires asked if the variance to allow the enlargement of a
nonconforming use would be considered a use variance. Mr. Carlberg
thought it could be determined that way. The addition to the structure
cannot be constructed without action by the City to allow it. When the
City rezoned the property, it was understood that the county was
acquiring it for right-of-way purposes and a portion was to become a
part of the park.
Mr. Martensen - noted the letter from the county states at one point
they would acquire the entire parcel, and at another point it states
they would acquire the property unless substantial improvements and/or
a new house is reconstructed on it. He is caught in the middle between
what the City wants and the county not buying it.
MOTION by Putnam, Seconded by Jovanovich, to submit a Resolution to the
City Council for approval of the variance request of James Martensen
from Ordinance No.8, Section 4.03, for the addition to a nonconforming
structure as outlined in the previous Resolution drafted by Staff.
Several words in the negative need to be changed to the positive: third
paragraph, ".. .said request does meet the criteria..."; fourth
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 24, 1995
, Page 3
/
{Variance Addition on a Nonconforming Lot and Structure, 14905
Crosstown Boulevard, Continued}
paragraph, ".. .said request is consistent with the Comprehensive Plan.";
fifth paragraph, ".. . recommends to the City Council approval of the
variance. . . "; last paragraph, "... hereby approves the variance requesteJ
by James Martensen to Ordinance No.8, Section 4.03. . . ". Motion carried
on a 6-Yes, 1-No (Squires) vote. This will be placed on the November 7,
1995, City Council agenda.
TCH-P~B!BBR-OA1CS--B8'E*~BS
PANY
SBC-'l'ICN 3 t:: - WOODLAND-PBVELCPMBNT
reviewed the proposed sketch plan of Timber Oaks Estates. The
is currently zoned R-1 and will need to be rezoned to R-4 to
allow f City sewer and water utility services. Also, the property
currently 's not in the MUSA area. The proposal consists of 25 single
family urba residential lots. There are some wetlands that will have
to be deline ted and indicated on the preliminary plat. The cul-de-sac
length going n rth exceeds the maximum 500 feet. allowed in Ordinance No.
10, Section 9.0 G. The Andover Review Committee is asking the developer
to provide a wri en letter that the second access onto Prairie Road is
not recommended }j cause of the site distance. Also, variances are
requested for the d uble frontage lots, Lots 13-17, Block 1 and Lots 1-
/ 4, Block 2. In this ase, it would be very difficult to eliminate that
requirement. Finally, variance is requested for the street jog between
the north and south str ets within the development itself. The street~
are only 120 feet apart; he minimum required is 150 feet. The developer
is trying to avoid as muc fill within the wetland as possible.
Commission comments included concern by some on the length of the cul-
de-sac to the north and a des're for more than just a letter from the
developer as to why there sho ldn't be a second access onto Prairie
Road; a countering concern by so e that it would not be appropriate to
put another access onto prairie oad; a concern with the jog in the
streets with three intersections in such a short distance because of the
traffic volume that will be coming om the west and the 15 lots to the
north to exit onto prairie Road, ~a general concern about the
intensity of the use and the number 0 variances.
Commissioner Doucette was not in favor 0 rezoning the property to R-4.
The Commission and Staff argued that go ~gainst the Comprehensive
Plan, which shows this in the 1995-2000 tim frame for sewer and water.
Also, the area directly east is proposed to evelop to an R-4 density.
Commissioner Doucette stated then at least s e would like to see the
northern end less populated. There could be a public safety issue with
\
so many people on the cul-de-sac as drawn. Other~ argued that a cul-de-
sac is safer than an entrance onto a collector street. Commissioner
Luedtke was concerned with developing a parcel that has so many
variances. Commissioner Apel noted this is a very difficult parcel tc
develop and some allowances need to be made in these instances.
The sketch plan will be forwarded to the City Council for its comments.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -95
A RESOLUTION APPROVING THE VARIANCE REQUEST OF JAMES MARTENSEN TO
ORDINANCE NO.8, SECTION 4.03, NON-CONFORMING USES OR STRUCTURES
TO ALLOW FOR THE CONSTRUCTION OF A 14' X 36' ADDITION AND A 24' X
26' GARAGE ADDITION ON A LAWFULLY EXISTING NON-CONFORMING SINGLE
FAMILY RESIDENCE ON THE PROPERTY LOCATED AT 14905 CROSSTOWN
BOULEVARD NW, LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A.
WHEREAS, James Martensen has requested a variance to allow
for the construction of a 14' x 36' addition and a 24' x 26'
garage addition on a lawfully existing non-conforming single
family residence on the property located at 14905 Crosstown
Boulevard NW, legally described on the attached Exhibit A.
WHEREAS, the Planning and Zoning Commission has reviewed
the request and has determined that said request meets the
criteria of Ordinance No.8, Section 5.04; and
WHEREAS, the Planning and zoning Commission has reviewed
the request and has determined that said.request is consistent
with the Comprehensive Plan.
I
WHEREAS, the planning & zoning Commission recommends to
the City Council approval of the variance requested.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Andover hereby agrees with the recommendation of the
Planning and zoning Commission and hereby approves the variance
requested by James Martensen to Ordinance No.8, Section 4.03 to
allow for the construction of a 14' x 36' addition and a 24' x 26'
garage addition on a lawfully existing non-conforming single
family residence on the property located at 14905 Crosstown
Boulevard NW, legally described on the attached Exhibit A.
Adopted by the City Council of the City of Andover this
7th day of November, 1995.
CITY OF ANDOVER
J. E. McKelvey, Mayor
ATTEST:
Victoria Volk, City Clerk
(
(
" '
EXHIBrr A
LEGAL DESCRIPTION OF 14905 CROSSTOWN BLVD.
That part of the Southwest Quarter of the Southeast Quarter of Sec:tion ~
Towaship 32, Lap 24, that is descn'"bed as follows: Commendnl at the Southwest
corner of the said Southwest Quarter of Southeast Quarter aad proceediD& thence
North on the West liDe tbereoUor a distance of llS feet; aad PI"O("-'inl theace East
and panl1el to the Sonth line thereof for a distance of 110 feet; and Proceedinl
theace Soatla and pan1le1 to the West liDe thereof to the South liDe of the said
Southwest Quarter of Southeast Quarter and pror-linC thence West on the South
Une to the point of commencement, Anob COUllty, Minnesota #
Except Roads. Subject to Easements of ReCord.
.. ~ l'",~_.
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ti,'f~~~}R~~,"ct'!!~Rti~pq,r~ll. r"", f; ~:,.-X:~\;';:'~~i~g
. ,:':REQUEST F.OR PLANNING' COMMISSION ACTION ":'.:,,;.i,,\;~_':\-'{'~.:~~
;, , ':,.' " " 'October 24, i995 ',:~:~{~?~],~~b$j}~(:'f~
DATE .'
(
.,
BY:
BY:
:,-'.:
AGENDA ITEM
- .
3 . Variance Continued
'Construct Addi tions
14905 Crosstown Blvd. NW
James Martensen
ORIGINATING DEPARTMENT
Planning
David L. Carlberg
. Planning Director
APPROVED
AGENDA
REQtJBST
The Andover Planning and Zoning Commission tabled this item at the
September 26, 1995 meeting. The Commission requested staff to
contact the Anoka County Highway Department and request a letter
from them on the intentions of the County regarding the property
located at 14905 Crosstown Boulevard NW (Co. Rd. 18) as well as a
time table for their intentions. Staff contacted Jon Olson, Anoka
County Highway Department regarding the above request. The letter
from Mr. Olson is attached for Commission review. Staff on
October 4, 1995, sent a copy of the letter to Mr. Martensen for
his review (letter attached). Staff also informed Mr. Martensen
that this item would be placed on tonight's agenda.
/Consult the attached staff report and minutes from the September
26, 1995 Planning and zoning Commission meeting for background
information on the request.
--r -'.!.-f
COMMISSION OPTIONS
Based on the information provided to the Commission this evening,
the Commission must make a recommendation to the City Council on
the variance. The options of the Commission are stated in the
September 26, 1995 staff report.
( ,
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
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· Mr.' James Martens'en', '.' '. _ ,
:14905 Crosstown Boulevard'NW' - " '.
Andover, Minnes()ta,,55304 .
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Dear Mr. Martensen:
(
/
Enclosed please find a letter from Jon G., Olson, Anoka County
Highway Department regarding the acquisition of your property
located at 14905 Crosstown Boulevard NWand the future timing of
the reconstruction of Crosstown Boulevard NW. Based on the
receipt of the letter, I will reschedule' your variance request for
the October 24, 1995, planning, and Zoning Commission meeting. You
should attend that meeting a~ 7:0~.p.m.
. ,
Please feel free to contact me if you have questions.
Sincerely,
:J)~ / tltky
David L. Carlberg
Planning Director
~
( .'
.
COUNTY OF ANOKA
Public Services Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD NW. ANDOVER, MINNESOTA 55304
(612) 754-3520 FAX (612) 754-3532
JON G. OLSON, PE
County Eng~
RECEIVEn
I ocr03 19951U
.
September 29, 1995
Oty of Andover
1685 Crosstown Boulevard NW
Andover, MN. 55304
CITY OF ANDOVER
Attention:
Regarding:
David Carlberg, Oty Planner
Sullivan/Martensen Located at 14905 Crosstown Boulevard
PIN #22-32-24-43-0005
Dear Mr. Carlberg:
In reference to the above property, Anoka County on November 15, 1994 offered
( $34,000.00 to purchase the above property in its entirety. This offer was based on an
- / independent appraisal which was completed for this purpose. We were unable to
negotiate an amiable acquisition agreement with the owner who had a figure of
$62,000.00 in mind for the property. Subsequently we are not in a position to pursue
acquisition of this property at this time.
In reviewing the property, it appears that total acquisition of this property will be
necessary in the future when Crosstown Boulevard is reconstructed. As you are well
aware, Anoka County overlaid Crosstown Boulevard approximately two years ago and
consequently the project has been deleted from the Anoka County Five Year Plan in
order to use the useful life on the overlay. I believe that the County will take advantage
of the entire useful life of the overlay which would put probable reconstruction of that
portion of Crosstown Boulevard between Andover Boulevard and CSAH #78 in the 8 -
12 year time frame or in the year 2003 to 2007. Again. it is likely that we would acquire
the property unless substantial improvements and/or a new house is reconstructed on
the property further from the proposed right-of-way.
We would entertain any proposals the City might make as to joint acquisition of the
property at this time, however, our offer of $34,000.00 is probably toward the top end of
any contribution to that arrangement the County could make at this time.
\~
Affirmative Action I Equal Opportunity Employer
(
-2-
If you have further questions, please feel free to contact me at your convenience.
Sincerely,
Jon G. Olson, PE
County Engineer
xc: Commi~sioner Dennis Berg
xc: Mike Kelly, Chief Right-of-Way Agent
dmh/2ANDOVER
\. '
,
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 26, 1995
~age 5
~
(Public Hearing: Amend Ordinance No.8, Section 3.02,
Amendment Redefining "Family", continued) "
MOTION by Doucette, Seconded by Jovanovich, to direct to consult
with the Council to schedule a work session on thi matter with the
understanding that Staff will continue to do rese ch on it. Motion
carried on a 3-Yes, 4-Absent (Apel, Luedtke, Pee , Squires) vote. 8:02
p.m.
tions - An
~
177m AVXNI7B NPi - lCBN'l" ALL.D
VARIANCB - SBTBAClC FROM MAJOR ARTBRIAL -
Mr. Carlberg reviewed the variance r est of Kent Allen to allow the
construction of a 19' x 25' additio onto a single family residence that
encroaches 42.5 feet into the re red setback from a major arterial at
12 177th Avenue NW. The proper is zoned R-1, Single Family Rural and
is 20 acres in size. At J.S time the house is a non-conforming
structure. The county curr tly requires 60 feet of right of way with
a 50-foot setback from 17 h Avenue. The house was built in the 1900s
prior to any zoning or . ances. Standards have changed since it was
built. There is no iss e of accessory structures or principal structure
coverage on 20 acres Staff is recommending approval.
Kent Allen - did ot know how old the pole barn is. He purchased the
( 'property a yea ago. It is galvanized metal, so it is an older
... /structurei bu it is usable. The proposed addition is for habitable
space. Thei plan is to underpin the structure and remodel the entire
home. Co ssioner Jovanovich thought this would be an improvement to
the prope ty.
MOTION by Jovanovich, Seconded by Doucette, to forward to the City
Coun I approval of the Resolution approving the variance request for
Ken Allen (correct the name on the proposed Resolution). Motion
cried on a 3-Yes, 4-Absent (Apel, Luedtke, Peek, Squires) vote. This
C9
VARIANCE - CONSTRUCTION OF AN ADDITION ON A NON-CONFORMING LOT AND
STRUCTURE - 14905 CROSSTOWN BOULEVARD Nfl{ - JAMBS MARTENSEN
Mr. Carlberg reviewed the variance request of James Martensen to
construct a 14' x 36' addition and a 24' x 26' garage on a lawfully
existing non-conforming single family residence at 14905 Crosstown
Boulevard NW. The property was zoned GR, General Recreation, on May 17,
1995, and is .55 acres in size. He noted the applicable ordinances and
that residential structures are not permitted in the GR zone. The two
parcels to the north of this have been acquired by Anoka County for the
realignment of Crosstown Boulevard. Right of way will be acquired by
the county through this parcel for that construction as well. The City
'understands the county was negotiating with Mr. Martensen for the
~: /purchase of that land, but for some reason that has not yet happened.
The Anoka County Highway Department indicated the property was to be
condemned. At this time, he was unable to talk with the easement
acquisition department at the county to find out whether the county is
;
"
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 26, 1995
Page 6
(
,
(Variance: Construction of an Addition on a Non-Conforming Lot and
Structure - 14905 Crosstown Boulevard - J. Martensen, continued)
going through with the condemnation or is continuing negotiations to
purchase the parcel. The City rezoned the property based upon the
Comprehensive Plan and with the understanding the county was negotiating
to acquire the land. Mr. Martensen was contacted regarding that
rezoning. Discussions .have also been on future plans to provide a
parking area to the park in that vicinity, and the county has agreed to:
transfer ownership of the northern two lots to the City in exchange for
right-of-way along Crosstown Boulevard. The City is recommending denial
based on the rezoning and the county's condemnation of the property to
realign Crosstown Boulevard. Mr. Carlberg did not have the exact time
frame of the county's proposed realignment and reconstruction of the
road.
(
James Martensen. 14905 Crosstown Boulevard - stated he purchased the
property in 1986. He stated he doesn't have the same information as the
Ci ty does regarding the county's plans for his property. When the
property was rezoned, both he and the county protested it. They were
not negotiating at the time it was rezoned. He is not negotiating with
the county now. The county told him they didn't need his property to
reconstruct the road and told him his property was large enough, opting
to move his house back. It was up to him whether the county would
'purchase his land or move the house. He wants to stay there. He
'doesn't know where the City got the impression the county would condemn
his property. When he talked with the county last November, they did
not have the authority to condemn it. He told them if they were
interested, they should make him an offer. He would like to be allowed
to make use of his property to his best interest. If the City doesn't
want him to use it that way, then buy it from him. The county bought the
other two parcels for $70,000 and $80,000 each, but they offered him
$34,000 for his, which is 20 percent of the assessed value. He didn't
consider that a serious offer. He thought the county was upset that the
City rezoned the property.
Mr. Carlberg explained at the time the county believed the parcels were
legal lots. The City met with county representatives and explained the
lots and structures were nonconforming. At that time the decision was
made that the structures could not be relocated.
Mr. Martensen - understands the county is not doing anything with the
road until 1997. Also, sewer and water is next to his property. With
utilities, it would be a legal sized lot, 115 x 210 feet. The house is
14 x 36 feet, and the proposal is to add another 14 x 36 feet plus a
garage. The existing garage would be removed. Mr. Carlberg stated
there are 2 1/2 acre lots. to the south. At this time sewer and water
are not available. Also, the county is changing the existing right of
way to realign the road.
/ The Commission wanted to know what plans the county have for this
property, whether they plan to acquire or condemn the property, and the
time table for the reconstruction of Crosstown Boulevard.
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 26, 1995
"age 7
{Variance: Construction of an Addition on a Non-Conforming Lot and
Structure - 14905 Crosstown Boulevard - J. Martensen, continued} ..
&>
MOTION by Doucette, Seconded by Jovanovich, to table Item No.5, the
variance request for the construction of an addition to 14905 Crosstown
Boulevard for the reason being we would like to see a letter of intent
come back from the county for this oiece of pTt'lp~~y "'''' ..,." "'v the time.
~able for their intention. Motion carried on a 3-Yes, 4-Absent (Apel,:
Luedtke, Peek, Squires) vote. Mr. Carlberg stated as soon as the City
receives the letter, a copy will be sent to Mr. Martensen; and the item
will be placed on the next Commission agenda. .
ON .llIBNJ:) l'I'mY'~ ZIIU. II, SBcrION 4. 05, ACCBSSORY BD.A..LILJ~l:S:I
STRUC'I'URBS
c
Mr. berg explained the Planning Commission is being asked to discuss
an amen ent to Ordinance No.8, Section 4.05, Accessory Buildings and
Structure~he City Council felt the Commission raised a good point on
the issue 0 detached garages during a variance request at 2721 134th
Avenue NW. he question is currently detached garages are being
discriminated ~ainst when determining the coverage of accessory
structures because attached garages are not considered in that
~alculation. Staf' is looking at verbiage to amend the ordinance that
would exempt detache garages from counting toward the calculation of
accessory structures. public hearing set for October 10, 1995, is
being recommended.
MOTION by Jovanovich, Secon ed
public hearing for October 1 ,
Absent (Apel, Luedtke, Peek, S
by Doucette, to have Staff schedule a
1995. Motion carried on a 3-Yes, 4-
ires) vote.
OTHER BUSINESS
Mr. Carlberg reviewed the City Council a ~ion taken at its September 19,
1995, City Council meeting. The Counci also forwarded two items for
the Planning Commission to con'sider: si walks in the R-4 zone and
street designs to' reduce speeding problems.
MOTION by Doucette, Seconded by Jovanovich, to djourn the meeting.
Motion carried on a 3-Yes, 4-Absent (Apel, Luedtke,1Reek, Squires) vote.
The meeting was adjourned at 8:46 p.m.
'.
'. J\~~~~~--:L
M~ella A. Peach
Recording Secretary
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION AcnON
September 26, 1995
DATE
AGENDA ITEM
5. Variance - Construct
Additions - 14905 Crossto~n
Blvd. - James Martensen
BY:
ORIGINATING DEPARTMENT
Planning
David L. Carlberg
Planning Director
APPROVED FOR
AGENDA
BV,1:
REQUEST
The Andover Planning and Zoning Commission is asked to review the
variance r~quest of James Martensen to allow for the construction
of a 14' x 36' addition and a 24' x 26' garage on a lawfully
existing non-conforming single family residence located at 14905
Crosstown Boulevard NW, legally described on the attached
resolution.
The property is zoned GR, General Recreation and is .55 acres in
size. The property was rezoned from R-1, Single Family Rural to
General Recreation by the City of Andover on May 17, 1994.
-.~~LICABLE ORDINANCES
/
Ordinance No.8, Section 7.01, Permitted Uses, does not allow
single family residential structures as a permitted use. The
current use of the property is considered a lawfully existing
non-conforming use.
Ordinance No.8, Section 4.03, Non-Conforming Uses and Structures,
allows structures lawfully existing upon the effective date of the
Zoning Ordinance to continue in the size and manner of operation
upon such date. However, no structural alterations shall be made
that will expand the existing bulk of the structure.
Ordinance No.8, Section 6.02, establishes the minimum lot
requirements for an R-1, Single Family Rural zoned lot. Section
6.02 requires a fifty (50') foot setback from a major arterial, a
lot size of 2.5 acres and a lot width of three hundred (300')
feet.
(Note: This section has been included in the report for the
Ccmmission to understand what the setback and lot size
requirements were for the lot prior to rezoning).
Ordinance No.8, Section 5.04, establishes the variance procedure
and process. Variances may be granted where there are practical
difficulties or unnecessary hardships in any way of carrying out
~he strict letter of the provisions of the Zoning Ordinance. The
. _~rdships or difficulties must have to do with the characteristics
of the land and not the property owner.
Page Two
'Tariance - Addi tions
'90S Crosstown Blvd. NW
...ames Martensen
September 26, 1995
BACKGROUND & REVIEW
The applicant is requesting the variance to construct an
addition and garage addition to his house. The house, at this
time, is a lawfully existing non-conforming structure and may
exist as is but may not be enlarged or expanded. With the
granting of the variance to Ordinance No.8, Section 4.03, the
addition(s) can be constructed. However, based on the fact that
Anoka County will be condemning the property in the near future
for the reconstruction of Crosstown Boulevard NW (Co. Rd. No. 18),
staff would not recommend the variance be granted. Also, granting
the variance would be inconsistent with the Comprehensive Plan.
COMMISSION OPTIONS
A.
The Andover Planning and Zoning Commission may recommend
approval of the variance requested by James Martensen to
Ordinance No.8, Section 4.03, Non-Conforming Uses and
Structures to allow for the construction of an addition
and garage addition to a lawfully existing non-conforming
single family residence on the property located at 14905
Crosstown Boulevard NW, legally described on the attached
resolution.
(
/
The Planning Commission finds that the proposal meets the
conditions established in Ordinance No.8, Section 5.04.
B. The Andover Planning and Zoning Commission may recommend
denial of the variance requested by James Martensen to
Ordinance No.8, Section 4.03, Non-Conforming Uses and
Structures to allow for the construction of an addition and
garage addition to a lawfully existing non-conforming single
family residence on the property located at 14905 Crosstown
Boulevard NW, legally described on the attached resolution.
The Commission finds that the proposal does not meet the
requirements set forth in Ordinance No.8, Section 5.04. The
Commission finds that no hardship exists due to the unique
shape or topography of the parcel and that the land owner
would not be precluded reasonable use of the property.
C. The Andover Planning and zonir-g Commission may table the item.
Staff Recommendation
Staff recommends Option B.
"
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -95
A RESOLUTION DENYING THE VARIANCE REQUEST OF JAMES MARTENSEN TO
ORDINANCE NO.8, SECTION 4.03, NON-CONFORMING USES OR STRUCTURES
TO ALLOW FOR THE CONSTRUCTION OF A 14' X 36' ADDITION AND A 24' X
26' GARAGE ADDITION ON A LAWFULLY EXISTING NON-CONFORMING SINGLE
FAMILY RESIDENCE ON THE PROPERTY LOCATED AT 14905 CROSSTOWN
BOULEVARD NW, LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A.
WHEREAS, James Martensen has requested a variance to allow
for the construction of a 14' x 36' addition and a 24' x 26'
garage addition on a lawfully existing non-conforming single
family residence on the property located at 14905 Crosstown
Boulevard NW, legally described on the attached Exhibit A.
WHEREAS, the Planning and Zoning Commission has reviewerl
the request and has determined that said request does not meet the
criteria of Ordinance No.8, Section 5.04; and
WHEREAS, the Planning and Zoning Commission has reviewed
the request and has determined that said request is inconsistent
with the Comprehensive Plan.
WHEREAS, the Planning & Zoning Commission recommends to
the City Council denial of the variance requested.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Andover hereby agrees with the recommendation of the
Planning and Zoning Commission and hereby denies the variance
requested by James Martensen to Ordinance No.8, Section 4.03 to
allow for the construction of a 14' x 36' addition and a 24' x 26'
garage addition on a lawfully existing non-conforming single
family residence on the property located at 14905 Crosstown
Boulevard NW, legally described on the attached Exhibit A.
Adopted by the City Council of the City of Andover this
17th day of October, 1995.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey, Mayor
Victoria Volk, Clty Clerk
......~
CITY of ANDOVER
VARIANCE REQUEST FORM
Property Address 14-905' c.V'Q'E:STUl..uN A/vYJ
Legal Description of Property: I~ ~~~)
(rill in whichever is appropri~te):
Lot
Block
Addition
Plat Parcel PIN ~~-3'::1..-~C-/-l.{3-oooS-
(If metes and bounds, attach the complete legal)
-----------------------------------------------------------------
Description of Request /~"3Co Aj)D, '\(0)...) To- Hovse> Ai-Jf)
0.'1 X:::J en c... 4 K~ (.; ~
Specific Hardship .J:h.)'J5t:' iA-....:~ <OA~AC9~ iA.K.e TCOC::;MAll
Hu~~~ (s OAJe. Re>Or<.cc.~ - GA~I4(o(. I~ c~("'> caAK.
~QIII j) hi=> M ()~ <:" I, \J lA h{~ v..J (, '" 1>4./\0 'It Q.v
Section of Ordinance 5'-1)4- Current Zoning c;e
-----------------------------------------------------------------
Name of Applicant J A ME~ /41 A-r<.Tn..J~AJ
Address /L(yoy (!rCJ~SIO...J..v f)rC/o
Home Phone~~1 Business Phone
~~:::~:::-~----~-----::~:--__':~:~__:_~C____
Property Owner (Fee Owner)
(If different from above)
Address
Home Phone
Business Phone
Signature
Date
-----------------------------------------------------------------
VARIANCE
PAGE 2
The following information shall be submitted prior to review by
the City of Andover:
1. A scaled drawing of the property and structures ~ffected
showing: scale and north arrow; dimensions of the
property and structures; front, side and rear yard
building setbacks; adjacent streets; and location and use
of existing structures within 100 feet.
2. Application Fee: Sinctle Family ~ 75~
Other Requests - $lO~.vv '
Date Paid
<1/'(/1/,-
.
Receipt I ~;).('""j,i>
Rev. 1-07-92:d'A
5-23-94:bh
Res. 179-91 (11-05-91)
CRITERIA FOR GRANTING A VARIANCE
In granting a variance, the City Council shall consider the
advice and recommendation of the Planning and Zoning Commission,
and:
" ; 1. If the request is in keeping with the spirit and intent of
this Ordinance.
2. If it finds that strict enforcement of this Ordinance will
cause undue hardship because of circumstances unique to
the individual property under consideration.
3. If it finds that denying the request does not deny
reasonable use of the property.
4. Economic considerations shall not constitute an undue
hardship if reasonable use of the property exists under
the terms of the Ordinance.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 7, 1995
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
f\O Discussion Items Planning FOR AGENDA
ITEM ~ 11
f\O Amend Ordinance No. B,
Section 4.05, Accessory David L. Carlberg,
Buildings & Structures Planning Director
%.
REQUEST
The City Council is asked to review and approve the attached
amendment to Ordinance No. B, Section 4.05, Accessory
Buildings and Structures. Said amendment will allow detached
garages satisfying the minimum garage requirements as specified in
Section 6.02 (440 s.f. for a single family residence) to be exempt
from the the coverage requirement of accessory buildings versus
the foundation size of the principal structure.
,
) Attached is the proposed amendment and background information for
Council review.
,
I
/
MOTION BY:
SECOND BY:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORD NO. 8
AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No.8, is hereby amended as follows:
SECTION 4.05 Accessory Building and Structures
(A) No accessory building or use shall be constructed or
developed on a lot prior to the time of construction of the
principal building except by Special Use Permit.
(B) No accessory building in a residential area shall exceed
the height of the principal structure except subject to Section
4.06(F) and Section 8.21.
(1) The accessory buildings on a residential parcel with a
lot area of five (5 a.) acres or less, but more than one (1
a.) acre, shall not exceed the total square footage of land
cover of the foundation of the principal structure.
(2) The accessory buildings on a residential parcel with a
lot area of one (1 a.) acre or less, shall not exceed
seventy-five (75%) percent of the total square footage of
land cover of the foundation of the principal structure.
+8+ (D) When a private garage is oriented so as to face onto a
public-right-of-way it shall not have less that the minimum
required setback for the principal structure.
+9+ (E) Accessory buildings in the Residential Districts may not
be located within (10') feet of the side and rear lot lines.
+E+ (F) Accessory buildings in the "Business" and "Industrial"
Districts shall not be closer than ten (10') feet from side and
rear lot lines subject to provisions for abutting residential zone
provided herein.
Page Two
Amend Ordinance 8, Section 4.05
Accessory Building & Structures
November 7, 1995, City Council Meeting
+F+ (G) No detached garages or other accessory buildings shall
be located nearer the front lot line than the principal structure
except as herein provided:
(1) On residential parcels with a lot area of one (1 a.)
acre or more, a detached garage or accessory building may be
constructed closer to the front lot line than the principal
structure, however, the minimum distance it may be from the
front lot line is sixty (60') feet.
(2) All detached garages or accessory buildings constructed
nearer the front lot line than the principal structure shall
be similar in design and exterior finish material so as to
be compatible to the principal structures.
+6+ (H) No accessory building in a commercial or industrial
distrICt shall exceed the height of the principal building except
by Special Use Permit.
+H+ (I) An accessory building may be located within the rear yard
setbacK provided said accessory building does not occupy more than
twenty-five (25%) percent of a required rear yard.
+~+ (J) A private garage in a residential district shall not be
utilIZed for business or industry. Further, that not more than
one-half (1/2) of the space may be rented for the private vehicles
of persons not residents on the premises, except that all space in
a garage of one (1) or two (2) car capacity may be so rented.
Such garage shall not be used for more than one (1) vehicle
registered as a commercial vehicle with the State of Minnesota.
Said vehicle must be registered to the property owner, property
leasor or relative living on the premises. The gross weight of
such vehicle shall not exceed 12,000 pounds gross capacity.
In an R-1 or R-2 Single Family Residential District on a parcel of
at least three (3 a.) acres in size, one (1) truck~tractor may be
stored within an accessory building. This shall not include the
parking of semi-trailers.
+a+ (K) Vehicles exceeding 10,000 pounds gross weight shall be
parkea-in a garage or along the side or rear of a residential lot.
Such vehicles shall not be parked in the front yard.
+*+ (L) No permanent sheet metal, painted or unpainted accessory
builOIng, except small garden sheds not exceeding one hundred
twenty (120) square feet, shall be allowed on parcels of three (3
a.) acres or less in all residential districts and within the
Metropolitan Urban Service Area (MUSA) Boundary. The foregoing
shall not apply to painted and finished metal siding normally used
on residential structures.
J
Page Three
Amend Ordinance 8, Section 4.05
Accessory Building & Structures
November 7, 1995, City Council
NOTE: All other sections and subsections of the zoning Ordinance
shall remain as written and adopted by the City Council of the
City of Andover.
Adopted by the City Council of the City of Andover this 7th day
of November, 1995.
CITY OF ANDOVER
J. E. McKelvey, Mayor
ATTEST:
victoria Volk, City Clerk
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 10, 1995
Page 2
(Public Hearing: Preliminary Plat - Nightingale Ridge, Continued)
wetland. The pond. on the Family of Christ property will be enlarged as
a part of this proj ect . All surface water requirements for ponding will
be met. A corner of Lot 1 shows a drainage easement over the area which
is part of the pond. Commissioner Apel noted a sketch plan was
submitted on this parcel in 1992, and there was enough input at that
time that it is now being brought in as a preliminary plat. The sketch
plan had one more lot ~han this proposal. He agreed with Staff on the
variance because the plat meets the spirit of the ordinance.
MOTION by Apel, Seconded by Jovanovich, to open the public hearing.
Motion carried on a 6-Yes, I-Absent (Putnam) vote. 7:13 p.m. There was
no public testimony.
MOTION by Apel, Seconded by Luedtke, to close the public hearing.
Motion carried on a 6-Yes, I-Absent (Putnam) vote. 7:13 p.m.
Mr. Haas explained that the cul-de-sac at the end of Linnet Street is a
temporary one. The intent is that the road will go through when the
property to the south develops.
MOTION by Apel, Seconded by Peek, that the Planning and Zoning
Commission forward to the City Council the Resolution prepared by Staff
recommending the approval of the preliminary plat of Nightingale Ridge
as presented. Motion carried on a 6-Yes, I-Absent (Putnam) vote. This
will be placed on the November 7, 1995, City Council agenda. 7:15 p.m.
PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 4.05, ACCESSORY
BUILDINGS AND STRUCTURES
7: 15 p. m. Mr. Carlberg explained the proposed amendment to Ordinance 8,
Section 4.05, to exempt the 440-foot requirement in calculating
accessory building square footage requirements. Currently residential
properties are required to have a minimum 440-foot garage. The concern
has come when the garage is detached and has been counted against the
size of an accessory building. This should have no impact on the size
of pole buildings.
MOTION by Doucette, Seconded by Luedtke, to open the public hearing.
Motion carried on a 6-Yes, I-Absent (Putnam) vote. 7:18 p.m. There was
no public input.
MOTION by Peek, Seconded by Jovanovich, to close the public hearing.
Motion carried on a 6-Yes, I-Absent (Putnam) vote. 7:18 p.m.
MOTION by Peek, Seconded by Luedtke, to forward the ordinance amendment
as drafted by Staff to the City Council with the recommendation for
approval. Motion carried on a 6-Yes, I-Absent (Putnam) vote. This will
be placed on the November 7, 1995, City Council agenda. 7:20 p.m.
\
, /
CITY OF ANDOVER
REQUEST F,OR PLANNING COMMISSION ACTION
AGENDA ITEM
4. Public Hearing:
Amend Ord. No. 8
Section 4.05,
Accessory Structures
DATE
ORIGINATING DEPARTMENT
PLANNING
October 10, 1995
David L. Carlb:rg
BY: Planning Director
APPROVED FOR
AGENDA
BY'~
REQUEST
The Andover Planning and zoning Commission is asked to review and
discuss the attached amendment to Ordinance No.8, Section 4.05,
Accessory Buildings and Structures. The Pl~nning and Zoning
Commission briefly discussed this item at the September 26, 1995
meeting. Attached is the amendment for Comnission review and the
background information regarding this item.
\
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
/
ORD NO. 8
AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No.8, is hereby amended as follows:
SECTION 4.05 Accessory Building and St=uctures
(A) No accessory building or use shall be constructed or
developed on a lot prior to the time of construction of the
principal building except by Special Use Permit.
(B) No accessory building in a residential area shall exceed
the height of the principal structure except subject to Section
4.06(F) and Section 8.21.
\
~
(1) The accessory buildings on a residential parcel with a
lot area of five (5 a.) acres or less, but more than one (1
a.) acre, shall not exceed the total square footage of land
cover of the foundation of the principal structure.
(2) The accessory buildings on a residential parcel with a
lot area of one (1 a.) acre or less, shall not exceed
seventy-five (75%) percent of the total square footage of
land cover of the foundation of the principal structure.
+8+ (0) When a private garage is oriented so as to face onto a
public-right-of-way it shall not have less that the minimum
required setback for the principal structure.
+9+ (E) Accessory buildings in the Residential Districts may not
be located within (10') feet of the side and rear lot lines.
+5+ (F) Accessory buildings in the ~3usiness" and "Industrial"
Districts shall not be closer than ten (10') feet from side and
rear lot lines subject to provisions fo= abutting residential zone
provided herein.
\
Page Two
Amend Ordinance 8, Section 4.05
Accessory Building & structures
October 10, 1995, P & Z Meeting
+F+ (G) No detached garages or other accessory buildings shall
be located nearer the front lot line than the principal structure
except as herein provided:
(1) On residential parcels with a lot area of one (1 a.)
acre or more, a detached garage or accessory building may be
constructed closer to the front lot line than the principal
structure, however, the minimum distance it may be from the
front lot line is sixty (60') feet.
(2) All detached garages or accessory buildings constructed
nearer the front lot line than the principal structure shall
be similar in design and exterior finish material so as to
be compatible to the principal structures.
+G+ (H) No accessory building in a commercial or industrial
distrICt shall exceed the height of the principal building except
by Special Use Permit.
+H+ (1) An accessory building may be located within the rear yard
setbacK provided said accessory building does not occupy more than
twenty-five (25%) percent of a required rear yard.
/ +~+ (J) A private garage in a residential district shall not be
utilIZed for business or industry. Further, that not more than
one-half (1/2) of the space may be rented for the private vehicles
of persons not residents on the premises, except that all space in
a garage of one (1) or two (2) car capacity may be so rented.
Such garage shall not be used for more than one (1) vehicle
registered as a commercial vehicle with the State of Minnesota.
Said vehicle must be registered to the property owner, property
leasor or relative living on the premises. The gross weight of
such vehicle shall not exceed 12,000 pounds gross capacity.
In an R-1 or R-2 Single Family Residential District on a parcel of
at least three (3 a.) acres in size, one (1) truck-tractor may be
stored within an accessory building. This shall not include the
parking of semi-trailers.
+~+ (K) Vehicles exceeding 10,000 pounds gross weight shall be
parkea-in a garage or along the side or rear of a residential lot.
Such vehicles shall not be parked in t~e front yard.
+*+ (L) No permanent sheet metal, painted or unpainted accessory
builarng, except small garden sheds not exceeding one hundred
twenty (120) square feet, shall be allowed on parcels of three (3
a.) acres or less in all residential districts and within the
Metropolitan Urban Service Area (MUSA) Boundary. The foregoing
shall not apply to painted and finished metal siding normally used
on residential structures.
Page Three
Amend Ordinance 8, Section 4.05
Accessory Building & Structures
October 10, 1995, P & Z Meeting
NOTE: All other sections and subsections of the zoning Ordinance
shall remain as written and adopted by the City Council of the
City of Andover.
Adopted by the City Council of the City of Andover this day
of , 1995.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey, Mayor
Victoria Volk, City Clerk
\
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
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, October 10, 1995 at the Andover City Hall,
1685 Crosstown Blvd. NW, Andover, MN to discuss and amend
Ordinance No.8, Section 4.05, Accessory Buildings and Structures.
The proposed amendment is related to detached garages and land
coverage requirements.
All written and verbal comments will be received at that time and
location.
~ #4--
Victoria Volk, City
Clerk
Publication dates:
September 29, 1995
October 6, 1995
/
Regular Andover Planning and Zoning Commission Meeting
Minutes - September 26, 1995
Page 7
,
/
{Variance: Construction of an Addition on a Non-Conforming Lot and
Structure - 14905 Crosstown Boulevard - J.
MOTION by Doucette, Seconded by Jovanovi , 0 table Item No.5, the
variance request for the constructi an addition to 14905 Crosstown
Boulevard for the reason bei e would like to see a letter of intent
come back from the count r this piece of property as well as the time
table for their in ~on. Motion carried on a 3-Yes, 4-Absent (Apel, .
Luedtke, Peek, ires) vote. Mr. Carlberg stated as soon as the City
receives t etter, a copy will be sent to Mr. Martensen; and the item
will laced on the next Commission agenda.
(j)
DISCUSSION - AMEND ORDINANCE NO.8, SECTION 4.05, ACCESSORY BUILDINGS
AND STRUCTURES
Mr. Carlberg explained the Planning Commission is being asked to discuss
an amendment to Ordinance No.8, Section 4.05, Accessory Buildings and
Structures. The City Council felt the Commission raised a good point on
the issue of detached garages during a variance request at 2721 134th
Avenue NW. The question is currently detached garages are being
discriminated against when determining the coverage of accessory
structures because attached garages are not considered in that
calculation. Staff is looking at verbiage to amend the ordinance that
would exempt detached garages from counting toward the calculation of
accessory structures. A public hearing set for October 10, 1995, is
being recommended.
MOTION by Jovanovich, Seconded by Doucette, to have Staff schedule a
public hearing for October 10, 1995. Motion carried on a 3-Yes, 4-
Absent (Apel, Luedtke, Peek, Squires) vote.
Mr. reviewed the City Council action taken at its September 19,
1995, City Co il meeting. The Council also forwarded two items for
the Planning Com sion to consider: sidewalks in the R- 4 zone and
street designs to' re e speeding problems.
MOTION by Doucette, Seconded Jovanovich, to adjourn the meeting.
Motion carried on a 3-Yes, 4-Absent pel, Luedtke, Peek, Squires) vote.
The meeting was adjourned at 8:46 p.m.
'. RespectfullY-- su~~i~l
\ <\\ Q~Clxr;c,-C '-
M~ella A. Peach
Recording Secretary
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
September 26, 1995
6. Amend Ord. No.8
Section 4.05,
Accessory Structures
DATE
ORIGINATING DEPARTMENT
planning
Oavid L. Carlberg
BY: planning Director
AGENDA ITEM
APPROVED FOR
A~
BY~
REQUEST
The Andover planning and Zoning Commission is asked to discuss
amending Ordinance No.8, Section 4.05, Accessory Buildings and
Structures. The City Council, at their September 5, 1995 meeting,
referred this item to the planning and Zoning Commission. The
Council felt the Commission raised a good point. on the issue of
detached garages during a variance request at 2721 - 134th Avenue
NW. Attached is the minutes from the September 5, 1995, City
Council minutes.
Attached for Commission review is the background information
regarding this item.
Staff will schedule a public hearing for the October 10, 1995,
planning and Zoning Commission meeting.
/
.)
~.
Regular Andover City Council Meeting
Minutes - September 5, 1995
'?age 13
,
~'VARIANCE/2721 134TH AVENUE NH
-
MOTION by Knight, Seconded by Kunza, to move the Resolution. (See
Resolution R169-95 approving the variance request of Doug and Beth Frye)
Motion carried unanimously.
~he Council asked that the Planning and Zoning Commission look at the
)~efinition of accessory structures. They felt the Commission raised a
GOOd point on the problem of defining a detached garage as an accessory
building when the City requires at least a two-car garage, which if
attached, is not considered an accessory structure.
COHelJ'T'RR PRESENTATION UPDATE
-
Ma Smith of Superior Computer Systems presente~p~es-of th~aft
spec. ications for a new computer system. His goal is to get them ready
to go ut for bids by Friday of this week. He highlighted several items
in the ecifications to protect the City and meet the requests of the
Council 0 specific items. He will be pricing products prior to the
next meetin to serve as a bench mark for the bids that come in.
"Councilmember cobson questioned the need for a monitor on every file
/server. He also ked about the source of funding and was uncomfortable
approving specific tions that are this extensive for such an expensive
product without hav g time to fully review them. Mr. Smith noted it
would provide for a pare monitor but acknowledged it may not be
necessary to have a mon.tor on every file server. At this point he was
not sure of the process at will be used to download information from
the existing system to the ew one. He is still researching that item.
Ms. McGann reviewed several ources of funding from the 1995 General
Fund budget, the Water Fund d the Permanent Improvement Revolving
Fund, totalling $160,000. If a ditional funds are needed, the excess
can be taken from the Permanen~ Improvement Revolving Fund without
jeopardizing the fund.
Councilmember Jacobson felt it is im ortant to retain the right to
reject any and all bids in total or on line-by-line basis. He also
felt the suggestion of providing laptop for the Council~embers be
pursued so agenda material would be provide on disk to each member. In
addition, he felt the system should pro .de the capability of
communication with the citizens. The other Cou ilmembers did not feel
as knowledgeable in this area. Because action wo ld be only to go out
for bids, they suggested it be done with the ~nderstanding that
Councilmember Jacobson would review the specificat~ons further and
convey any suggestions or concerns to Mr. Smith prior to them being let
for bids. Mayor McKelvey asked for a motion to accept the bid
,specifications and to go out for bids, with the condition that
jCouncilmember Jacobson will review them further.
MOTION by Dehn, Seconded by Kunza, to so move.
unanimously.
Motion carried
,.
i.egular Andover Planning and Zoning Commission Meeting
i~inutes - August 22, 1995
'age 5
,
VARIANCE - ACCESSORY BUILDINGS EXCEEDING 75 PERCENT LAND COVERAGE OF
PRINCIPAL STRUCTURE - 2721 134TH AVENUE NW - DOUG AND BETH FRYE
Mr. Carlberg reviewed the variance request of Doug and Beth Frye to
allow the construction of an accessory structure exceeding the
~equirements of Ordinance No.8, Section 4.05, Accessory Building and
Structures. The Frye's are proposing to construct a 12' x 20' storage
shed which exceeds the maximum allowed land coverage by 180 square feet.
The house, which is 912 square feet, was constructed in 1960; however,
:.he Zoning Ordinance was adopted in 1971 and the specific regulations on
accessory structures and land coverage were adopted in 1983. There is
a detached garage on the parcel. Accessory structures combined cannot
exceed 75 percent of the square footage of land cover of the principal
structure, and the detached garage is being considered an accessory
~tructure. If granted, the accessory structure will meet or exceed all
setback requirements. Staff supports the variance. Commissioner Apel
crgued that since the City requires garages, they would not be
considered accessory buildings. All the Frye's have to do is construct
<. breezeway between the two buildings and it is considered attached. He
cid not believe the City ever considered a garage as an accessory
:uilding unless it is a second garage.
"r. Carlberg explained Staff considered this request similar to the one
~.n 1993 on Crosstown Boulevard where the applicant wished to add on to
<, detached garage, which resulted in exceeding the coverage requirement.
." variance was granted in that case. He then read the ordinance
,'efinition uf accessory structure. Commissioner Apel felt the key word
i.s "subordinate". Garages are required and are a part of the principal
l.se; accessory buildings are subordinate to the principal use of the
;,lroperty. He felt the variance will resolve this request. The issue of
detached garages being considered as accessory structures was discussed
;n the past, but he did not think it was resolved.
MOTION by Doucette, Seconded by Jovanovich, that we pass this to the
City Council with our recommendation of approving the variance request
by Doug and Beth Frye to allow for the construction of a l2' x 20'
accessory structure that exceeds the requirements of Ordinance 8,
Section 4.05(B)(2) by 180 square feet located at 2721 134th ~venue NW.
Motion carried on a 6-Yes, l-Absent (Peek) vote. This item will be
placed on the September 5, 1995, City Council agenda.
@
'"
"~n further discussion, the Commission felt the issue of characterizing
a detached garage as an accessory structure to include in the allotment
t.oward the 75 percent coverage requirement should be reviewed by Staff.
Otherwise it has the effect of punishing those with detached garages.
On the other hand, unlimited garage space is not desirable either. Mr.
Carlberg agreed to research the history and bring it back to the
,Commission for discussion.
c
Ordinance No.8, Section
(
width and yard space are within sixty (60%) percent of the
requirements of this Ordinance; but said lot or parcel shall
not be more intensively developed. (8B, 9-21-76; 8F, 2-19-
80)
(B) Except in Planned Unit Developments there shall be no
more than one (1) principal building on one (1) lot in all
residential district~.
(C) An access drive to every principal building shall be
provided and constructed according to minimum standards of
city of Andover when such building is three hundred feet
(300') or more from a thoroughfare or street.
(D) Access to any street shown on the Adopted Major
Thoroughfare Plan shall require a curb cut permit as issued
by the City Building Inspector.
(E) If any plat, for which preliminary approval has been
granted by the City Council on or before October 21, 1970 is
finally approved and filed on or before October 21, 1971,
lots contained therein shall be deemed buildable lots and the
provisions of Section 4.04 shall apply. In all other cases,
the provisions and requirements of this Ordinance shall
apply.
4.05
Accessory Building and structures
(A) No accessory building or use shall be constructed or
developed on a lot prior to the time of construction of the
principal building except by Special Use permit.
(B) No accessory building in a residential area shall exceed
the height of the principal structure except subject to
Section 4.06 (F) and Section 8.21.
(1) The accessory buildings on a residential parcel
with a lot area of five (5 a.) acres or less, but more
than one (1 a.) acre, shall not exceed the total square
footage of land cover of the principal structure.
(2) The accessory buildings on a residential parcel
with a lot area of one (1 a.) acre or less, shall not
exceed seventy-five (75%) percent of the square footage
of land cover of the principal structure. (8U, 7-19-83)
\
/
(C) when a private garage is oriented so as to face onto a
public right-of-way it shall not have less than the minimum
required setback for the principal structure as measured from
the lot line.
(D) Accessory buildings in the Residential Districts may not
be located within ten (10') feet of the side and the rear lot
line.
/
(E) Accessory buildings in the "Business" and "Industrial"
Districts shall not be closer than ten (lO') feet from side
and rear lot lines subject to provisions for abutting
residential zone provided herein.
Page 24
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V1.U~ndllc:e 1...U. 0, wt:~ \,..J.Ull
(F) No detached garages or other accessory buildings shall
be located nearer the front lot line than the principal
structure except as herein provided:
(1) On residential parcels with a lot area of one (1
a.) acre or more, a detached garage or accessory
building may be constructed closer to the front lot line
than the principal structure, however, the minimum
distance it may be from the front lot line is sixty
(60') feet.
(2) All detached garages or accessory buildings
constructed nearer the front lot line than the principal
structure shall be similar in design and exterior finish
material so as to be compatible to the principal
structures. (8U, 7-19-83)
(G) No accessory building in a commercial or industrial
district shall exceed the height of the principal building
except by Special Use Permit.
(H)
yard
more
An accessory building may be located within the rear
setback provided said accessory building does not occupy
than twenty-five (25%) percent of a required rear yard.
(I) A private garage in a residential district shall not be
utilized for business or industry. Further, that not more
than one-half (1/2) of the space may be rented for the
private vehicles of persons not resident on the premises,
except that all the space in a garage of one (1) or two (2)
car capacity may be so rented. Such garage shall not be used
for more than one (1) vehicle registered as a commercial
vehicle with the State of Minnesota. Said vehicle must be
registered to the property owner, property 1easor or relative
living on the premises. The gross weight of such commercial
vehicle shall not exceed 12,000 pounds gross capacity.
(8KKK, 1-16-90)
In an R-l or R-2 Single Family Residential District on a
parcel of at least three (3 a.) acres in size, one (1) truck-
tractor may be stored within an accessory building. This
shall not include the parking of semi-trailers. (8KKK, 1-16-
90)
,-
(J) Vehicles exceeding 10,000 pounds gross weight shall be
parked in a garage or along the side or rear of a residential
lot. Such vehicles shall not be parked in the front yard.
(K) No permanent sheet metal, painted or unpainted accessory
building, except small garden sheds not exceeding one hundred
twenty (120) square feet, shall be allowed on parcels of
three (3 a.) acres or less in all residential districts and
within the Metropolitan Urban Service Area (MUSA) Boundary.
The foregoing shall not apply to painted and finished metal
siding normally used on residential structures. (8I, 10-21-
80; 8U, 7-19-83; 8DDD, 11-01-88; 8QQQ, 4-02-91)
Page 25
Regular City Council ~~eting
July 19, 1983 - Minutes
Page 11
/ WATERSHED DISTRICT
There was a brief discussion on the newly adopted policy of the Coon Creek Watershed
Board to assess for drainage in new plats, with the Council generally expressing
frustration that Andover and Ham Lake apparently end up paying the greatest share of
the costs, that the policy apparently was implemented without formal hearings or
notice to the City, even questioning whether such an assessment is legal. Mr.
Schrantz stated this item will be discussed at the Watershed Board's July 25 meeting,
and it was suggested that as many City representatives as possible attend to gain
first-hand information and provide testimony. The City Clerk was asked to request the
Watershed Board to provide Andover with the assessment policy and all the background
data.
ORDINANCE 8 AMENDMENT - ACCESSORY BUILDINGS/TWO-CAR GARAGES ~C1~
Council deliberated over the various sections of the ordinance dealing with accessory
buildings, Section 4.05 (B), (F), and (K). Discussion was on whether or not metal
pole buildings should be allowed on lots of five acres or less and on the design and
exterior finish material of such accessory buildings, and on the allowance of accessory
bui.ldings to be constructed closer to the front lot line than the principal structure.
Councilman Knight and Chairman Bosell argued against the five-acre or more requirement
to allow metal pole barns to be put up, feeling if horses are allowed on 2~-acre lots,
so should pole bui ldings; and that many times on three- or four-acre lots such bui ldings
can be put up without being offensive. Others argued that metal pole buildings should
not be allowed on 2~-acre lots because they are residential areas and such buildings
are offensive to some people. If such buildings are to be allowed on 2~-acre lots or
/ greater, it was felt that the front should coordinate with that of the house. After
further discussion, it was generally agreed to the following amendment of Section 4.05,
(K): "No permanent sheet metal, painted or unpainted bui lding shall be allowed on
parcels of less than three (3) acres. The foregoing provisions shall not apply to
painted and finished metal siding normally used on residential structures." The three';'
acre requirement was a compromise to eliminate most platted residential areas but still
allow them in the more rural-type lots. '
Council generally agreed with the recommendations for Section 4.05 (B) as proposed by
the Planning Commission. Discussion was then on the proposal for Section 4.05 (F),
allowing a detached garage or accessory building to be constructed closer to the front
lot line than the principal structure. It was suggested rather than the proposal of
the setback being a minimum distance from the front lot line of one-half the distance
between the front lot line and the principal structure, that the normal setback plus a
margin factor be used. Council then generally agreed that to simplify the matter, the
minimum setback from the front lot line for an accessory building in front of the
principal structure would be 60 feet.
MOTION by Lachinski, Seconded by Orttel, that we adopt Ordinance No. 8U, an Ordinance
amendlng Ordinance No.8, effective January 1, 1971, and Ordinance No. 8F, effective
February 19, 1980, known as the Zoning Ordinance of the City of Andover, and Ordinance
No. 8I. Include Section 4.05 (8) as presented by the Planning and Zoning Commission;
and also Section 4.05' (F) amended to read as follows: First paragraph as presented
by the City Clerk; Second paragraph numbered 1 would be changed as follows: "On
residential lots having a land area of one (1) acre or more, a detached garage or
accessory building may be constructed closer to the front lot line than the principal
structure; however, the minimum distance it may be from the front lot line shall be 60
feet." The next paragraph will be No.2: "All detached garages or accessory buildings
constructed nearer the front lot line than the principal structure shall be similiar in
design and exterior finish material so as to be compatible to the principal structure."
Also, Section 4.05, Ordinance No. 8I, Paragraph K amended to read as follows: "No
Regular City Council Meeting
July 19, 1983 - Minutes
Page 12
/ (Ordinance 8 Amendment - Accessory Buidlings/Two-Car Garages, Continued)
permanent sheet metal, painted or unpainted building shall be allowed on parcels of
less than three (3) acres. The foregoing provision shall not apply to painted and
and finished metal siding normally used on residential structures." Motion carried
unanimous ly. .
Discussion was then on Section 6.02 of Ordinance 8, amending garage requirements to
provide for double garages in all residential districts, suggesting a minimum size
of 20x22 feet or 440 square feet.
MOTION by Orttel, Seconded by Knight, that the Council amend Ordinance 8F, Section
6.02, to state under "garage requirement" to provide for a minimum of 440-square-
foot double garage in all residential districts excepting mobile hane courts and parks
and in those districts zoned specifically for multiple dw~llings over two units.
Motion carried unanimously.
MOTION by Orttel, Seconded by Lachinski, that the amendment to Ordinance 8F, 6.02,
Garage Requirement, be included with the prior Section 4.05 Ordinance 8, 8F, and 81,
that the amendments be combined to form a new ordinance, Ordinance 8U. Motion carried
unan imous ly.
ANDOVER AUTO/LICENSE
MOTION by Orttel, Seconded by Elling, that the Council direct the Attorney to notify
Boo Pears of Andover Auto Parts his intent to proceed with legal action based on the
, fact that the property has not been brought into compliance with the ordinance. Motion
, carried unanimously.
NO PARKING RESOLUTION - PRAIRIE ROAD
MOTION by Orttel, Seconded by Lachinski, that the City Council adopt a Resolution
dlsallowing parking on Prairie Road south of Andover Boulevard. (See Resolution
R075-83) Motion carried unanimously.
KELSEY PARK LAND ACQUISITION
(Mayor Windschitl stepped down to the audience because he is directly affected by the
item, and Acting Mayor Ken Orttel presided over this portion of the meeting.)
Council discussion was on the acquisition of property from Mayor Windschitl adjacent
to Round Lake which would become part of the proposed Kelsey Park. The ear.k-. Board
made no specific recommendation on the matter.
Mayor Windschitl - stated the original appraisal done on the property was without the
"gooseneck" leading to l52nd, and he would be opposed to selling that portion to the
City. He stated he has no position on the remainder of the outlot.
MOTION by Lachinski, Seconded by Elling, that we authorize the City Attorney to start
a condemnation procedure on the Windschitl property portion of Kelsey Park acquisition,
exc luding the access to l52nd Lane. (See Reso luti on R076-83) DISCUSSION: was the ..
concern over the funding of thi s purchase and over what woo ld happen to the "gooseneck".
Attorney Hawkins stated the City would be creating a nonbuildable parcel. Mayor
Windschitl stated he would attach that to his lot. Mr. Hawkins estimated the acquisition
costs for this parcel to be around $2,500. He also noted that they are closing the deal
, on Thursday for the purchase of Kelsey Park land from Programmed Land on a contract
for deed with $60,000 down and two $22,000 payments at 9 percent, payments due July 1
over the next two-year period. He also stated there is an existing contract for deed
. between MidlandCt.e.DJt.aufPrograrrmed Land that will not be satisfied; the City will not
assume the payment of that contract. When the City makes the last $22,000 payment,
..
CITY 01 ANDOVER
M E M 0 RAN DUM
Mayor and City Council
TO:
COPIES TO:
City Clerk; City Attorney
FROM:
Planning and Zoning Commission
DATE:
July 13. 1983
REFERENCE:
Recommendation - Ordinance 8 Amendment
Planning and Zoning Commission Meeting
June 28. 1983
MOTION by Perry. seconded by Spotts that the Andover Planning and Zoning
Commission recommend to the City Council adoption of an amendment to
Ordinance 8. Section 4.05 dealing with Accessory Buildings and Structures.
We would further recommend to the City Council that Section 6.02. Minimum
Requirements. remain unchanged. i.e.. single car garage be required.
Motion carried unanimously.
/
fL.bL/
Vicki Volk. Commission Secretary
.'
.
DRAFT
DRAFT
"
DRAFT
AN ORDINANCE AMENDING ORDINANCE NO.8, EFFECTIVE JANUARY 1,1971,
AND ORDINANCE NO. 8F, EFFECTIVE FEBRUARY 19, 1980, KNOWN AS THE
ZONING ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No.8, effective January 1, 1971, and Ordinance No. 8F,
effective February 19, 1980, are hereby amended as follows:
SECTION 4.05 ACCESSORY BUILDINGS AND STRUCTURES
(B) No accessory building in a residential area shall exceed
the height of the principal bu~lding except subject to
Section 4.06(F) and Section 8.21.
No accessory buildinq in a residential area shall exceed
the square footaqe of land cover of the principal buildinq
on lot areas containing not more than five (5) acres or
less than one (1) acre.
NO accessory buildinq in a residential area shall exceed
75% of the square footage of land cover of the principal
building on lot areas containinq less than one (1) acre.
,,'
SECTION 6.02 MINIMUM REQUIREMENTS
R-1
R-2
R-3
R-4
Garage
59':1:. 2-Car
59':1:. 2-car
59':1:. 2-car
59':1:. 2-car
Adopted by the City Council of the City of Andover this
day of
, 1983.
J
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 8U
/
AN ORDINANCE AMENDING ORDINANCE NO.8, EFFECTIVE JANUARY 1, 1971,
ORDINANCE NO. 8F, EFFECTIVE FEBRUARY 19, 1980, AND ORDINANCE NO. 81,
EFFECTIVE OCTOBER 21, 1980, KNOWN AS THE ZONING ORDINANCE OF THE
CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance NO.8, effective January " 1971, Ordinance No. 8F,
effective February 19, 1980, and Ordinance No. 81, effective
October 21, 1980, are hereby amended as follows:
SECTION 4.05
ACCESSORY BUILDINGS AND STRUCTURES.
B. No accessory buildinq in a residential area shall exceed the
height of the principal structure except subject to Section 4.06(F)
and Section 8.21. -
The accessory buildinqs on a residential parcel with a lot area
of five (5) acres or less, but more than one (1) acre, shall not
exceed the total square footage of land cover of the principal
structure.
/
The accessory buildings on a residential parcel with a lot area
of one (1) acre or less, shall not exceed 75' of the square
footage of land cover of the principal structure.
F. No detached garages or other accessory buildings shall be located
nearer the front lot line.than the principal structure except as
herein provided:
1. On residential parcels with a lot area of one (1) acre or
more, a detached garage or accessory building may be
constructed closer to the front lot line than the principal
structure, however, the minimum distance it may be from
the front lot line is sixty (60) feet.
2. All detached garages or accessory buildings constructed
nearer the front lot line than the principal structure
shall be similar in design and exterior finish material
SO as to be compatible to the principal structure.
K. No permanent sheet metal, painted or unpainted accessory
buildinq shall be allowed. on parcels of three (3) acres or
less. The foregoinq shall not apply to painted and finished
metal sidinq normally used on residential structures.
SECTION 6.02
Minimum Requirements
Garage requirements to provide for a minimum 440 square foot double
garage in all residential districts, exceptinq mobile home courtsl
parks and in those districts zoned specifically for multiple
dwellings (structures containinq more than two (2) units).
Adopted by the City Council of the City of Andover this 19th
day of
'July
, 1983.
CITY OF ANDOVER
/
~~ rA"l /
J Y W' dschitI -
/~~
Mayor
-'
CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON
November 7, 1995
DATE
AGENDA SECTION
NQ Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
NQ
~
Review Committee BY:. \
\U(...
Timber Oaks Estates
Sketch plan
...ndove r
q.
The city Council is requested to review the proposed sketch plan
of Timber Oaks Estates as presented by Woodland Development.
The Andover Review Committee (ARC) has reviewed the sketch plan
and their comments are as follows:
General Comments
)
* The proposed sketch plan is located in an R-1, Single Family
Rural District. The property would need to be rezoned to an R-
4 zoning District to allow 11,400 square feet minimum size
lot. Minimum width is SO feet except corner lots are either 90
or 100 feet minimum and minimum depth for all lots is 130 feet.
* All lots will require to meet Ordinance 10, Section 9.06 a(l)
which relates to lot size requirements. The property is
currently not located within the MUSA area. In addition, the
front 100 feet of the lot shall be buildable which is a
standard the City has been using for sewer and water lots.
* The Water Resource Management Plan which was recently updated
and approved by the Andover City Council, Coon Creek Watershed
District and the Lower Rum River WMO is to be implemented with
the development.
* The lOO year pond elevation will be required to be identified
on the preliminary plat. In addition, drainage and utility
easements are required for the 100 year flood elevations.
* The proposed subdivision consists of 25 single family urban
residential lots.
* The developer and/or owner is responsible to obtain all
necessary permits (DNR, u.s. Army Corps of Engineers, Coon
Creek Watershed District, LGU, MPCA and any other agency which
may be interested in the site).
,
,
/
CONTINUED
MOTION BY:
SECOND BY:
* There may be wetlands within the plan that must be delineated
by agencies and indicated on the preliminary plat. The Local
Government Unit is the Coon Creek watershed District. The
developer shall contact the watershed to discuss the 1991
Wetland Conservation Act that is in effect.
* The developer is required to meet City Ordinances 8 and 10 and
all applicable ordinances.
Remember: This has not been studied by staff in detail as most
of the detail will be reviewed with the preliminary
plat.
Comments of the Andover Review Committee
* The cul-de-sac length going north exceeds the maximum
allowed of 500 feet as allowed in Ordinance 10, Section 9.03 G.
The proposed length is 580 feet.
* Double frontage lots are being proposed. They include Lots 13-
17, Block 1 and Lots 1-4, Block 2. See Ordinance 10, Section
9.06 F for definition. Prairie Road is also designated as a
Municipal state Aid Street. Ordinance 10, Section 9.02 C does
not allow lots to front onto a collector street. Therefore,
the ARC recommends that all lots front on the interior streets
and grant variances for the double frontage lots. This parcel
is a difficult parcel to develop due to the fact that it is
long and narrow.
* A variance would be required if the City Council agrees with
the street jog for the north-south street within the
development. Minimum requirement is 150 feet as indicated in
Ordinance 10, Section 9.03 E.
* A letter on site distance where the street from the development
is proposed to intersect with prairie Road NW needs to be
addressed.
* All lots shall meet all setback requirements.
* Potential bikeway/walkway trail may be considered along Bunker
Lake Boulevard which will be reviewed by the Park and
Recreation Commission.
park and Recreation Commission Comments
The Commission will be reviewing the sketch plan at their
November 2, 1995 regular meeting.
Planning and zoning Commission Comments
The Commission did review the sketch plan at their October 24,
1995 meeting. Their comments are as follows:
1. The length of the cul-de-sac to the north exceeds the maximum
allowed. But the Commission would recommend a variance if the
developer's engineer can justify that the site distance is
poor if the cul-de-sac was eliminated and extended over to
prairie Road NW.
\
2. The jog for the north-south street does not meet the 150 foot
requirement as indicated in Ordinance 10, Section 9.03 E. The
Commission is requesting the developer to review the
possibility of shifting the street to meet the requirement of
150 feet. There are some wetlands within the site that may
not allow the street to meet the 150 foot requirement.
Attached is a revised sketch plan from the developer
eliminating the jog.
Attached is a letter from the developer's engineer addressing the
above items.
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NOV 03 '95 14:18 HAKANSON ANDERSON
P.l
--
I. Hakanson
Anderson
1 Assoc.. Inc.
November 3, 1995
222 Mollfoe Street
AnO~ Minnesota 55303 .
6121427.5860
rIlX6121427-3401
Mr. Todd Hass
City of Andover
1 BaS Crosstown Blvd. NW
Andover, MN 55304
RE: Timber Oaks Estates
Prdirie Road. Bunker Lake Blvd.
Andover ( MN
Dear Mr. Hass:
We have completed our reviaw of the two concerns noted during the sketch plan
review by the Planning and Zoning Commission.
Attached is a sketch showing a possible configuration that removes the offset
intersection thereby addressing concern number 1.
/
We have reviewed the sight distance requirements for i! second aCCf:!SS (extend the
most easterly cui de-sac) which we estimate would be 165'-190' south of the north
line. We understand the posted speed limit to be 35 mph and the record plan to be
a correct representation of the existing condition. If eilhtlr of these criteria are found
to be different we reselVe the right to reevaluate the sioht dist.mce requirements. We
have found that it is likely the sight distance requirements can be met in all cases for
a second access to Prairie Road. We. believe this adequately addresses concern
number 2.
If YOU have any questions, please call1Tlfl ift 427-5860.
Sincerely,
HAKANSON ANDER"WC'AT". INC.
P~.v4
Ross D. Abel. PE
kas
Enclosure
cc: Byron Westlund
Fll., ~66.'n
Engineers
L..t,,(io;(:,,~ Architects
Sutveyors
NOV 03 '95 18: 56 HAKANSON ANDERSON 'f', )""f'......1~.Jt~,,,.'~ '.'''k::...".. ; "-1' :~.~,:";' h~i~T.~..j;..._,..., ".._
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 7, 1995
DATE
AGENDA SECTION
NO Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM Approve preliminary plat/
NO Nightingale Ridge
~~t
Andover Review Committ
e
BY~
/ d.
The City Council is requested to review and approve the
preliminary plat of Nightingale Ridge per Ordinance 8 and 10 and
all other applicable ordinances and policies as requested by
North Suburban Development and as recommended by the Planning and
zoning Commission.
The Andover Review Committee (ARC) has reviewed the preliminary
plat. Their comments are as follows:
General Comments
1
/
* The proposed preliminary plat is currently zoned R-1, Single
Family Rural. In addition, the proposed plat is not within the
Metropolitan Urban Service Area (MUSA).
* The proposed subdivision consists of 6 single family rural
residential lots.
* The developer and/or owner is responsible to obtain all
necessary permits (DNR, u.s. Army Corps of Engineers, Coon
Creek watershed District, LGU, MPCA and any other agency which
may be interested in the site).
Comments of the Andover Review Committee
The Andover Review Committee has found the following variances
that are being requested as part of the preliminary plat.
1. Variance from Ordinance 8, Section 6.02 and Ordinance 10,
Section 9.06 A3 as the lots do not meet the minimum
requirement of 300 feet at the front setback line. The
developer is requesting variances for the following: Block 2,
Lots 1 & 2; Block 3, Lot 1.
The Andover Review Committee has reviewed the variances. Because
the variances will not have an effect on the health, safety and
general welfare of the community, it is recommended to approve
the preliminary plat.
CONTINUED
,
MOTION BY:
SECOND BY:
/
Additional Comments by the Andover Review Committee
l. It is recommended that Outlot A be either removed by one of
two ways: 1.) Outlot A be combined with the
Julsrud/Heidelberger property prior to recording of the final
plat or 2.) Outlot A be eliminated and be part of Lot 1,
Block 3. Outlot A as shown on the preliminary plat is
considered landlocked and is not allowed as indicated in
Ordinance 10, Section 9.06 I.
2. It is a requirement that the Family of Christ Lutheran Church
deed a drainage and utility easement for the 100 year flood
elevation and the proposed storm sewer that is being
constructed as part of the plat that is discharging into the
Family of Christ Lutheran Church. The deed will be required
prior to the filing of the final plat. Nightingale Ridge
will be dedicating the necessary drainage and utility
easements as part of the platting process.
In addition, the church is required to submit a letter to the
City of Andover that the church will maintain and clean the
pond. If the church fails to do this, the City has a right
to maintain the pond and invoice for the work back to the
Family of Christ Lutheran Church.
Park and Recreation Commission Recommendation
The Commission has reviewed the preliminary plat and is
recommending cash in lieu of land.
/
Planning and Zoning Commission Comments
The Commission at their October 10, 1995 meeting did hold a
public hearing and -no comments were made by the public. The
Commission is recommending approval of the preliminary plat as
presented.
General Information per Ordinance 10
8.01 IDENTIFICATION AND DESCRIPTION
a. Proposed name is Nightingale Ridge.
d. Scale is 1" = 100'
g. The preliminary plat was prepared by Caine and Associates and
the grading, drainage and erosion control plan was prepared
by Ken Gust.
8.02 EXISTING CONDITIONS
b. Total acreage is 25.17.
c. The existing zoning within 300 feet of the proposed plat has
been shown.
f. Location of all existing telephone, gas, electric and other
underground/overhead facilities are shown on preliminary plat
per ordinance requirements.
g. The boundary lines within 100 feet of the plat have been
shown along with the names of the property owners.
h.
A Tree Protection Plan
Inspector for review.
Inspector prior to any
has been submitted to the Tree
The plan shall be approved by the Tree
construction.
j. A soil boring report has been received by the City. All
unbuildable soils will be required to be removed within all
right-of-ways and buildable areas for each lot.
8.03 DESIGN FEATURES
a. The proposed right-of-way as indicated is 60 feet.
c. The storm drains and streets plan and profile will be
designed by the developer's engineering consultant and will
need to be reviewed and approved by the City Engineer.
g. The setbacks for each lot are shown.
h. The proposed method of disposing of surface water has been
shown on the grading, drainage and erosion control plan.
The developer is required to comply with the Water Resource
Management plan that was approved in January 1993.
8.04 ADDITIONAL INFORMATION
b. Source of water supply is private wells.
c. Sewage disposal facilities will be private septic system.
d. Rezoning of properties will not be required.
f. Flood Plain Management is the Coon Creek watershed District
(see Section 9.04(b) for additional information regarding the
100 year flood elevation).
g. street lighting is required and the installation costs will
be paid for by the developer.
j. The total linear road mileage for the proposed plat is 0.24
miles.
9.02 STREET PLAN
a. The typical section, right-of-way and grade are indicated on
the preliminary plat.
9.03 STREETS
a. The proposed right-of-way is shown as 60 feet which conforms
to standards by classification.
m. Driveway access shall be 60 feet or more from any
intersection.
n. Boulevard is required to be topsoil, seeded and mulched (disc
anchored) to provide erosion control.
9.04 EASEMENTS
b. A drainage easement has been shown to follow the 100 year
flood elevation.
9.06 LOTS
e. The developer is responsible to obtain all necessary permits
from the Coon Creek watershed District, DNR, Corps of
Engineers, LGU, MPCA, and any other agency that may be
interested in the site.
9.07 PARKS, PLAYGROUNDS, OPEN SPACE
Park dedication as recommended by the Park and Recreation
Commission.
I
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE PRELIMINARY
NIGHTINGALE RIDGE
NORTH SUBURBAN DEVELOPMENT
32, RANGE 24, ANOKA COUNTY.
PLAT OF
AS BEING DEVELOPED BY
LOCATED IN SECTION 15, TOWNSHIP
WHEREAS, pursuant to published and mailed notice thereof, the
Planning and zoning Commission has conducted a public hearing; and
WHEREAS, the Andover Review Committee ha s reviewed the
preliminary plat; and
WHEREAS, as a result of such public hearing, the Planning and
Zoning Commission recommends approval of the plat citing the
following:
1. A variance be granted for Ordinance 8, Section 6.02 and Ordinance
10, Section 9.06 A3 as the lot does not meet the minimum
requirement of 300 feet at the front setback line for the
following: Block 2, Lots 1 & 2; Block 3, Lot 1.
2. street plan and profile of streets and storm sewers be submitted,
reviewed and approved by the City Engineer.
3. The developer is responsible to obtain all necessary permits from
the Coon Creek Watershed District, DNR, Corps of Engineers , LGU,
/ MPCA and any other agency that may be interested in the site.
4. Park dedication as recommended by the Park and Recreation
Commission.
5. Require Outlot A be combined with the Julsrud/Heidelberger
property or combine with Block 3, Lot 1 prior to final plat being
recorded.
6. The developers (North Suburban Development) of the plat obtain the
deed from Family of Christ Lutheran Church for the necessary
drainage and utility easement which will need to be recorded prior
to recording of the Final Plat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the preliminary plat of
Nightingale Ridge
Adopted by the City Council of the City of Andover this day
of
, 19 95.
CITY OF ANDOVER
J.E. McKelvey - Mayor
/ ATTEST:
Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON
DATE
~T~., . ~.., 1 QO -
AGENDA
t-.n
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
t-.n
Richard Fursman
City Administrator
BY:
\~
1
Transfer "Access Agreement"
WDE Landfill Site
JI.
The city Council is requested to consider the attached Letter of
Agreement for access to the WDE landfill. The present group will
no longer be the "responsible party." The responsibility for the
long-term cleanup and maintenance of the landfill will be that of
the State, through the Commissioner of the MPCA.
There are
new one.
recommend
very few differences between the old agreement
This has been reviewed by Mr. Hawkins and both
approval.
and the
he and I
"
/
,
,
/
MOTION BY:
SECOND BY:
"
LETTER OF MODIFICATION, ASSIGNMENT AND TERMINATION OF ACCESS
AGREEMENT BETWEEN THE CITY OF ANDOVER AND THE WDE PRP GROUP,
DATED FEBRUARY 5,1993.
./
Dear Mr. Fursman:
RECITALS.
The purpose of this letter is to confirm, as witnessed by the signatures to this letter, that
the City of Andover ("City"), the WDE PRP Group and its members ("the Group"), and the
Commissioner of the Minnesota Pollution Control Agency ("Commissioner") have mutually
agreed to the modification, assignment and termination of the Access Agreement ("Agreement")
between the City and the Group dated February 5, 1993. The modifications, assignment and
termination set forth in this letter are made in contemplation of the Landfill Cleanup Act, Minn.
Stat. SS l15B.39-46 ("the Act"). Under the Act, and consistent with the Landfill Cleanup
Agreement between Anoka County, the Group, Non-Members, and the Commissioner ("Landfill
Cleanup Agreement"), the Commissioner shall assume the responsibility and authority to take
environmental response actions at the WDE Qualified Facility. It is the intent of the City, the
Group and the Commissioner that the Group assign its rights and duties under the Agreement, as
those rights and duties are modified by this letter, to the Commissioner, and that when said
modifications and assignment become effective, the Agreement shall, unless otherwise indicated
by this Letter Agreement, terminate as to the Group and the Group shall cease to be a party to the
Agreement.
j
The City, the Group and the Commissioner acknowledge that as of the effective date of
this letter, the Group has fully and satisfactorily performed its duties under the Agreement
including, but not limited to, those duties specifically set forth in Paragraphs l.H.(l), 3.E., 3.F.,
3.1. and 3.L. of the Agreement. The terms and conditions for payment of the $164,000 set forth
in Paragraph 3.C. of the Agreement are set forth below.
Based upon these considerations, the City, the Group and the Commissioner hereby agree
to modify, assign and terminate the Agreement as indicated below. Any provisions of the
Agreement that are not modified or terminated herein shall continue, in their original form,
between the City and the Commissioner.
Modifications
The City and the Group agree to modify the Agreement as follows:
(1) The following paragraph is substituted for Paragraph B. of the Agreement:
Grantee is the Commissioner of the Minnesota Pollution Control Agency ("the
Commissioner").
(2)
The following paragraph is substituted for Paragraph C. of the Agreement:
,
!
Grantor wishes to provide Grantee and employees, agents and contractors of the
Minnesota Pollution Control Agency ("MPCA") and Grantee use of and access,
ingress and egress on and over the Property for the purpose of allowing Grantee to
take such environmental response actions and related actions as he deems
necessary to carry out his duties and authorities under the Act and the Landfill
Cleanup Agreement.
/
(3) The following paragraph is substituted for Paragraph LA. of the Agreement:
Grantor hereby grants to Grantee and employees, agents and contractors of the
MPCA and Grantee the non-exclusive right to use and to construct or otherwise
improve such means of ingress, egress and access to and about the Property.
(4) The following paragraph is substituted for Paragraph 1.B of the Agreement:
Grantee and employees, agents and contractors of the MPCA and Grantee shall
have the right to enter the Property and take any environmental response action or
related action which Grantee deems necessary to carry out his duties and
authorities under the Act and the Landfill Cleanup Agreement. Grantee shall use
reasonable efforts to limit its interference with Grantor's use of or access to the
Property to the extent practicable.
/
(5)
The following paragraph is substituted for Paragraph I.D of the Agreement:
The parties recognize that Grantee has sole discretion under the Act and the
Landfill Cleanup Agreement in selecting and implementing environmental
response actions at the WDE Qualified Facility as that term is defined in the
Landfill Cleanup Agreement. Notwithstanding the foregoing, nothing in this
Agreement limits Grantor's right to comment on documents submitted by Grantee
to Grantor pursuant to this Agreement.
(6) The following paragraph is substituted for Paragraph 1.E of the Agreement:
Grantee agrees to provide Grantor with a copy of the following documents for its
review at a reasonable time prior to commencing work under the documents:
Response Action Design Plan
Construction Design and Bid Specifications
Construction Schedule
Land Use Plan under Minn. Stat. S 115B.412, subd. 9.
MPCA Annual Report with respect to the WDE Qualified Facility
(7) The following paragraphs are substituted for Paragraph I.F of the Agreement:
/
2
~ "-
.I
Grantee agrees that it will not use the Property for any purpose which is not
necessary or appropriate to enable him to carry out his duties and authorities
under the Act or the Landfill Cleanup Agreement.
Grantee shall sign an Easement prepared by the Commissioner granting the
Commissioner, his employees, agents and contractors an Easement for the
Property in accordance with the rights granted the Commissioner under
Paragraphs l.A.-D. of this Agreement. When the Commissioner determines that
the Easement is no longer necessary to carry out his duties and authorities under
the Act or the Landfill Cleanup Agreement, or to protect human health, welfare or
the environment, the Commissioner will file a release of the Easement.
(8) The following sentence is substituted for the first sentence of Paragraph l.G of the
Agreement:
Grantee, his employees, agents and contractors may regrade the Property as
necessary to implement the environmental response actions and related actions he
deems necessary to carry out his duties and authorities under the Act and the
Landfill Cleanup Agreement, and shall be authorized to use, without any fee or
other charge, native soil, gravel, or other materials from the Property at or near the
WDE Qualified Facility as necessary for regrading.
\
-j
(9)
The last sentence of Paragraph 1.1. of the Agreement is hereby deleted.
(10) The term "the Commissioner" shall be substituted for the phrase "U.S. EPA" in
the second sentence of Paragraph 2.A.(I) and the last sentence of Paragraph 2.A.(3) of the
Agreement.
(11) The following sentence is substituted for the first sentence of Paragraph 2.A.(3):
A prohibition on the extraction of groundwater for any purpose, other than by the
Commissioner as he deems necessary to carry out his duties and authorities under
the Act and the Landfill Cleanup Agreement, from the Upper Sand Aquifer within
a distance of 500 feet (line F, Figure A) from the limit of refuse disposal (line D.
Figure A).
(12) The following sentence is substituted for the first sentence of Paragraph 2.A.( 4) of
the Agreement:
\
)
A prohibition, without the prior written approval of the Commissioner, on
the extraction of groundwater for any purpose, other than by the Commissioner as
he deems necessary to carry ou~ his duties and authorities under the Act and the
Landfill Cleanup Agreement, from the Lower Sand Aquifer, within the area
designated by line G on Figure A.
3
'\
(13) The following two sentences are substituted for the first sentence of Paragraph
2.A.(7) of the Agreement:
/
Grantor shall, with the Commissioner's assistance, effectuate Institutional Control
2.A.(5) above by modifying and enforcing the City Building Code no later than
December 15, 1995. The Commissioner shall provide written notice to the City
and the Group within 15 days after the Commissioner determines that the City has
satisfactorily complied with this Paragraph.
(14) The following paragraph is substituted for Paragraph 2.A.(8) of the Agreement:
The restrictions imposed by these institutional controls shall not apply to, and no
advance approval from the Commissioner shall be required for the City's use,
maintenance, repair reconstruction or expansion of Hansen Boulevard and
Crosstown Boulevard except that with respect to tax-forfeited property within the
Hansen Boulevard right-of-way: 1) no dewatering, installation of underground
utilities or other action in the right-of-way that requires subsurface excavation or
extraction of groundwater shall occur without prior notice to the Commissioner
and unless said activities conform with reasonable conditions established by the
Commissioner; and 2) the design for any reconstruction or expansion of that part
of Hansen Boulevard where waste has been or will be removed shall be subject to
advance review and written approval of the Commissioner.
j
(15) The following paragraph is substituted for Paragraph 2.A.(9) of the Agreement:
Duration of Institutional Controls. The restrictions set forth in 2.A.(I)-(6) above
shall remain in force until the Commissioner determines that (1) the restrictions
are no longer necessary to enable him to carry out his duties and authorities under
the Act or the Landfill Cleanup Agreement, and (2) that the restrictions are no
longer necessary to protect human health, welfare or the environment. Any
person who owns or controls property subject to such institutional controls may
request of the Commissioner a determination that such restrictions are no longer
required to enable the Commissioner to carry out his duties and authorities under
the Act or the Landfill Cleanup Agreement, or to protect human health, welfare or
the environment.
(16) The following sentences are substituted for the first sentence of Paragraph 3.C. of
the Agreement:
, j
The Group agrees to pay to the City $164,000 for area and connection charges
within thirty (30) days after receipt of written notice to the Group from the
Commissioner that compliance with Paragraph 2,A.(5) has been achieved to the
Commissioner's satisfaction. If, as a result of the City's failure to comply with
Paragraph 2.A.(5), said notice is not issued by January 15, 1996, the Group's
obligation to pay the City $164,000 or any other sum is null and void, and the
4
'\
City surrenders and waives all rights and claims to any payment. Under no
circumstance shall the Commissioner assume the Group's obligations to pay the
City the $164,000 payment set forth in this Paragraph 3.C,
./
(17) The following paragraph is substituted for Paragraph 3.F. of the Agreement:
The Commissioner may install fences or other equipment or structures by which
the Commissioner may control access to the WDE Qualified Facility by persons
not authorized under this Agreement. In no event shall any fence installed by the
Commissioner encroach on the Hanson Boulevard right-of-way, as such right-of-
way exists on the effective date of this letter.
(18) Paragraph 3.1 of the Agreement is modified to read as follows:
Grantee shall, consistent with his duties and authorities under the Act and the
Landfill Cleanup Agreement, maintain the landfill gas venting system and
monitor landfill gas along Hanson Boulevard as specified in the provisions of the
Order including the Remedial Action Plan ("RAP") and the approved Remedial
Design Report attached hereto as Exhibit 2, Appendix B and Exhibit 4.
(19) The following paragraph is substituted for Paragraph 3.K. of the Agreement:
"
~J
The Commissioner shall have the City named as an additional insured on any
comprehensive general liability or automobile policies held by the
Commissioner's primary contractor in connection with the environmental
response actions and related actions at the Property. With respect to remedial
design and construction work, the Commissioner shall require his primary
contractor to carry throughout the life of its contract with the Commissioner the
following minimum types and amounts of insurance: $1,000,000 professional
liability insurance where professional services are provided under the contract;
$1,000,000 comprehensive general liability insurance; $4,000,000 additional
excess insurance. With respect to maintenance work, the Commissioner shall
require his primary contractor to carry throughout the life of its contract with the
Commissioner the following minimum types and amounts of insurance:
$1,000,000 comprehensive general liability with $2,000,000 aggregate; and
$1,000,000 professional liability with $1,000,000 aggregate where professional
services are provided under the contract.
The Commissioner shall require his primary contractor to notify the City if such
coverage becomes unavailable or is not available at reasonable rates. In the event
a claim is made by the primary contractor, the City or the Commissioner, any
insurance coverage for the claim will inure first to the benefit of the primary
contractor, then to the Commissioner, then to the City.
\
j
5
"
, )
(20) Paragraph 4.B of the Agreement between the Group and the City is null and void,
and the following paragraphs are substituted for Paragraph 4.B. of the Agreement:
Notwithstanding any other provisions of this Agreement, Grantors hereby waive
any and all claims against the Commissioner, the State of Minnesota, and the
Group for any taking of property rights, including inverse condemnation, or for
any restriction of use, diminution of value, or loss of use or enjoyment of the
Property arising out of: (1) any work to be performed by or under the direction of
the Commissioner to carry out his duties and authorities under the Act or the
Landfill Cleanup Agreement; (2) the presence of the WDE Qualified Facility or
any releases or threatened releases of hazardous substances, pollutants or
contaminants from the WDE Qualified Facility; and (3) the installation, operation
or maintenance of any associated structures and equipment at the WDE Qualified
Facility or adjacent property.
Grantors, the Group and the Commissioner agree that with respect to the Property,
each party shall be responsible for its own acts and omissions and the results
thereof, and those of its officers, employees, and agents, and shall not be
responsible for the acts or omissions of the other party, its officers, employees or
agents.
'\
Nothing in this Agreement shall constitute a waiver by the Commissioner of any
governmental immunity or limitation of liability afforded by law which is
applicable to any claim arising out of an act or omission of the Commissioner, his
employees or agents, in carrying out his obligations under the Act or this
Agreement.
/1
Nothing in this Agreement shall constitute a waiver by the City of any
governmental immunity or limitation on liability afforded by law which is
applicable to any claim arising out of an act or omission of the City, its officials,
employees or agents, in carrying out the City's obligations under this Agreement.
(21) The following paragraph is substituted for Paragraph 4.C. of the Agreement:
The City, the Group and the Commissioner recognize that this Agreement does
not constitute an admission by the City, the Group or the Commissioner to any
liability for any conditions at the WDE Qualified Facility.
(22) The following sentence is substituted for Paragraph 4.G. of the Agreement:
The rights granted to Grantee, his successors and assigns under this Agreement
may be exercised through their respective agents, employees and contractors, and
by representatives of the MPCA, including their employees, agents and
contractors.
. /
6
(23) Paragraph 4.K. of the Agreement is modified to read as follows:
"
The Group covenants not to sue the City for the costs of implementation of the
WDE Site remedy as described in the EPA Order, and the RAP, or for past costs
incurred by the Group related to the Site, or for future oversight costs related to
the aforesaid remedy unless such costs are incurred by the Group due to the City's
acts or omissions, or for the Group's costs of compliance with the Act or this
Agreement, or for fines and penalties related to the Group's implementation of the
remedy prior to the date of the Notice of Compliance for the WDE Landfill, as
long as the City is in compliance with this Agreement. The Group reserves the
right to sue the City for breach of this Agreement. The City agrees not to sue the
Group for the costs or implementation of the WDE Site remedy as described in
the EPA Order, and the RAP, or for past costs incurred by the City related to the
Site, or for future oversight costs related to the remedy or any costs of compliance
with the Act or this Agreement, or for fines and penalties related to the Site, as
long as the Group is in compliance with this Agreement. The City reserves the
right to sue the Group for breach of this Agreement. Notwithstanding any other
provisions in this Agreement, the provisions set forth in this Paragraph 4.K. are
not assignable, and shall remain in force between the City and the Group after the
Group's other rights and duties under this Agreement have been assigned or
otherwise terminated.
"
/
Assignment and Termination
The Group hereby assigns its rights and duties under the Agreement, as those rights and
duties are modified by this letter, to the Commissioner. The City and the Commissioner agree as
of the effective date of this letter, the Group shall cease to be a party to the Agreement, and the
Group's rights and duties under the Agreement shall terminate.
F;lfective Date
The modifications and assignment set forth in this letter shall become effective when the
Commissioner signs this letter.
By their signatures below, the undersigned parties represent that they possess the full
authority to bind the respective parties to this Letter Agreement.
The Waste Disposal Engineering (WDE)
PRP Group and its Members
By
" ,
Margaret A. CougWin, Esq.
Common Counsel for the WDE PRP Group
J
7
/
J
City of Andover
(Attach governing body resolution
authorizing signature)
By
Title
By
Title
Minnesota Pollution Control Agency
Charles W. Williams, Commissioner
By
Title
Delegate of the Commissioner
AG:I0481 vi
)
8
CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
DATE
November 7 1995
AGENDA
tn
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
~.
Richard Fursman
City Administrator
ITEM
tn
Liveable Communities Act"
~~
It< .
The City Council is requested to here a report on the impacts of
the Liveable Communities Act. The legislation, which was
discussed at a previous council meeting will be revisited. I
have examined the material again as presented by the Met Council,
and feel the City has more to loose than gain by not
participating.
I will be presenting the report at the council meeting.
1
/
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
November 7, 1995
AGENDA
NJ.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
n;<",..n<"<";"'~
Finance
ITEM
NJ.
Transfer of Agent of Record
City Insurance
CR0'
Jean D. McGann
Finance Director
~Icl
/3.
BACKGROUNO:
On September 19, 1995, the Andover City council authorized staff
to obtain proposals from insurance agents.
REQUEST:
upon further research, City staff has found that it is not
necessary to do requests for proposal for insurance. The only
requirement is to do an "Agent of Record Transfer"
/
City staff has spoken to several insurance agents regarding
insurance for the City. The actual insurance company will not be
changed during this transaction, only the agent servicing our
account.
Landmark Insurance Services with Gary Shay as the agent is the
agent/company that city staff feels will provide the most service
to the City and work with us as we continue to grow. Mr. Shay has
presented various items that the City should review. City staff
feels that Mr. Shay will keep updated with the City and help us to
be certain the City has adequate insurance coverage in the most
cost effective manner possible.
\
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 7. lqq,
AGENDA
1\0.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Staff, Committees, Comm.
ITEM
1\0.
City Clerk
~~'J.
~
Curfew Ordinance
v. VOlkC~.
/1.
The Anoka County Board of Commissioners has adopted a Juvenile
Curfew Ordinance which becomes effective December 1, 1995.
The city currently has in place a curfew ordinance which has been
in effect since December 17, 1985.
The County's ordinance is more restrictive than our ordinance and
therefore would have precendence over our ordinance.
\ Council can leave our ordinance in place, amend it to reference
J the county's ordinance or repeal the ordinance.
Attached are copies of both ordinances.
'\
J
MOTION BY:
SECOND BY:
ORDINANCE #95-2
Adopted by County Board Action on October 10, 1995
COUNTY OF ANOKA
Anoka County, Minnesota
JUVENILE CURFEW ORDINANCE
The Anoka County Board of Commissioners ordains:
1.00 PURPOSES AND FINDINGS
1.01 The Anoka County Board of Commissioners finds and determines that there has been an
increase in juvenile violence and crime by juveniles in the County of Anoka.
i ,02 Juveniies are particulariy susceptible by their lack of maturity and experience to participate
in unlawful activities and to be victims of older perpetrators of crime,
1,03 Because of the foregoing, special and extenuating circumstances presently exist within this
county that require special regulation of juveniles within the county in order to protect them
and other persons during the nighttime hours, to aid in crime prevention, to promote
parental supervision and authority over minors, and to decrease juvenile crime rates,
1.04 In accordance with prevailing community standards, this ordinance serves to regulate the
conduct of minors in public places during nighttime hours, to be effectively and consistently
enforced for the protection of juveniles from each other and from other persons, in public
places during nighttime hours, for the enforcement of parental control of, authority over, and
responsibility for their children, for the protection of the general public from nighttime
mischief by juveniles, for the reduction in the incidents of juvenile criminal activities, for the
furtherance of family responsibility and for the public good, safety and welfare.
1.05 It is the intent of the County Board to review and evaluate the need and effect of nighttime
curfew for juveniles set forth in this ordinance on the incidents of juvenile criminal activity
and protection of juveniles against criminal activity.
2.00 AUTHORITY
2.01 This Ordinance is enacted pursuant to the authority granted under Minn. Stat. ~ 145AOS,
subd. 7a (1994).
3.00 DEFINITIONS
3.01 "Authorized adult" shall mean any person who is at least eighteen (18) years of age and
authorized by a parent or guardian to have custody and control of a juvenile.
3.02 "County Board" shall mean the Anoka County Board of Commissioners.
3.03 "Emergency" means an unforeseen combination of circumstances or the resulting state that
calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster,
automobile accident, or any situation requiring immediate action to prevent serious bodily
injury or loss of life.
Page 2 ORDINANCE #95-1
3.04 "Juvenile" means a person under the age of eighteen (18) years. The term does not include
persons under 18 who are married or have been legally emancipated.
3.05 "Parent" shall mean any person having legal custody of a juvenile (i) as natural, adoptive
parent, or stepparent: (ii) as a legal guardian: or (iii) as a person to whom legal custody has
been given by order of the court.
3.06 "Public place" means any place to which the public or a substantial group of the public has
access and includes, but is not limited to, streets, highways, roadways, parks, public
recreation, entertainment or civic facilities, schools, and the common areas of hospitals,
apartment houses, office buildings, transport facilities, and shops.
3.07 "Serious bodily injury" means bodily injury that creates a substantial risk of death or that
causes death, serious permanent disfigurement, or protracted loss or impairment of the
function of any bodily member or organ.
4.00 PROHIBITED ACTS
4.01 It is unlawful for a juvenile under the age of twelve (12) years to be present in any public
place within Anoka County:
A. Any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or
Thursday, and 5:00 a.m. of the following day.
B. Any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. the following
day,
4.02 It shall be unlawful for any juvenile age twelve (12) to fourteen (14) years to be present in
any public place within Anoka County:
A. Any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or
Thursday, and 5:00 a.m. of the following day.
B. Any time between 11 :00 p.m. on any Friday or Saturday and 5:00 a.m. on the
following day.
4.03 It shall be unlawful for any juvenile age fifteen (15) to s5ve:oteen (17) years to be in any
public place within Anoka County:
A. Any time between 11 :00 p.m. on any Sunday, Monday, Tuesday, Wednesday or
Thursday, and 5:00 a.m. of the following day.
B, Any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday.
4.04
It shall be unlawful for a parent or authorized adult of a juvenile to knowingly, or through
negligent supervision, habitually permit such juvenile to be in any public place within the
county during the hours prohibited by Paragraphs 4.01, 4,02, and 4.03 of this Subdivision
herein, under circumstances not constituting an exception to this ordinance as set forth
herein. The term "knowingly" includes knowledge which a parent or authorized adult shall
reasonably be expected to have concerning the whereabouts of a juvenile under such
person's care.
I
Page 3 ORDINANCE #95-1
4.05 It shall be unlawful for any person operating or in charge of any place of amusement or
refreshment which is open to the public to knowingly and habitually permit any juvenile to .
be in such place during the hours prohibited by Paragraphs 4.01, 4.02, and 4.03 of this
Subdivision herein, under circumstances not constituting an exception to this Ordinance as
set forth herein. The term "person operating" shall mean any individual, firm, association,
partnership or corporation operating, managing or conducting any such establishment. The
term includes the members or partners of an association or partnership and the officers of
a corporation.
5.00 EXCEPTIONS
5.01 The following shall constitute valid exceptions to the operation of the curfew:
A. At any time, if a juvenile is accompanied by his or her parent or an authorized adult;
8, At any time, if a juvenile is involved in, or attempting to remedy, alleviate, or respond
to an emergency;
C. If the juvenile is engaged in a lawful employment activity, or is going to or returning
home from his or her place of employment;
D. If the juvenile is attending an official school, religious, or other social or recreational
activity supervised by adults and sponsored by a city or the county, a civic
organization, or another similar entity that takes responsibility for the juvenile;
E. If the juvenile is going to or returning home from, without any detour or stop, an
official school, religious, or other recreational activity supervised by adults and
sponsored by a city or the county, a civic organization, or another similar entity that
takes responsibility for the juvenile;
F. If the juvenile is on an errand as directed by his or her parent, without any detour or
stop;
G. If the juvenile is engaged in interstate travel;
H. If the juvenile is on the public right-of-way boulevard or sidewalk abutting the
juvenile's residence or abutting the neighboring property, structure, or residence;
I. If the juvenile is exercising First Amendment rights protected by the United States
Constitution (or those similar rights protected by Article I of the Constitution of the
State of Minnesota), such as free exercise of religion, freedom of speech, and the
rights of assembly; or,
J, If the juvenile is homeless or uses a public or semi-public place as his or her usual
place of abode.
5.02 It is an affirmative defense to prosecution under Subd. 4.05 that:
A. The owner, operator or employee of an establishment promptly notified the police
department that a juvenile was present on the premises of the establishment during
curfew hours 3.nd refused to leave.
Page 4
ORDINANCE #95-1
B.
The owner, operator or employee reasonably and in good faith relied upon a
juvenile's representations of proof of age. Proof of age may be established pursuant
to Minn. Stat. 9 340A.503, subd. 6, or other verifiable means, including, but not
limited to, school identification cards and birth certificates.
6.00 ENFORCEMENT
6.01 Before taking any enforcement action under this section, a police officer shall ask the
apparent offender's age and reason for being in a public place. The officer shall not issue
a citation or make an arrest under this section unless the officer reasonably believes that
an offense has occurred and that no exception set forth in Subdivision 5.00 is applicable.
7.00 PENALTIES
7.01 Violation of Subdivision 4,01, 4.02 and 4.03 will be prosecuted pursuant to Minn. Stat. 9
260.195 and will be subject to the penalties therein.
7.02 Violation of Subdivision 4.04 or 4.05 shall be a misdemeanor.
8.00 CONTINUING REVIEW AND EVALUATION
8.01 The County Attorney shall prepare and submit a report annually to the County Board
evaluating violations of this section and the criminal activity by and against juveniles within
the county during the preceding year. The first report shall be submitted one year after the
effective date in Subdivision 10.
9.00 SEVERABILITY
9.01 If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be
invalid, such judgment shall not affect any other provisions of this ordinance not specifically
included in said judgment.
10.00 EFFECTIVE DATE
10.01 The effective date of this ordinance shall be December 1, 1995.
ATTEST:
JO~kntt/ ;L.
County Administrator
By~~Q~
Dan Erhart, its Chairman
,
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No. 75
AN ORDINANCE ESTABLISHING AND SETTING A CURFEW FOR MINORS
The City Council of the City of Andover does hereby ordain:
SECTION 1. OEFINITIONS
1.1 Curfew - a regulation en]olning the withdrawal of specified
persons from the street, avenues, parks and public property
within the City of Andover at a stated hour.
1.2 Minor - for the purposes of this ordinance, a person who is 16
years of age or under.
SECTION 2. REGULATIONS
2.1 It shall be unlawful for any person 16 years of age and under
to be present on any public street, avenue, park or other
public place in the City of Andover between the hours of:
Sunday 10:30 pm through Monday 5:00 am
Monday 10:30 pm through Tuesday 5:00 am
Tuesday 10:30 pm through Wednesday 5:00 am
Wednesday 10:30 pm through Thursday 5:00 am
Thursday 10:30 pm through Friday 5:00 am
Friday 11: 30 pm through saturday 5:00 am
Saturday 11: 30 pm through Sunday 5:00 am
unless accompanied by a parent, guardian or person having
lawful custody and control thereof, or unless there exists a
reasonable necessity therefor.
SECTION 3. PRIMA FACIE EVIDENCE
3.l It shall be unlawful for any parent, guardian, or other person
having the lawful care, custody, or control of any minor to
allow or permit such minor to violate the provisions of this
Ordinance.
3.2 The finding of any minor in violation of the curfew shall be
prima facie evidence that a parent, guardian, or other person
having lawful care, custody, or control allowed or permitted
the violation.
SECTION 4. CURFEW PROCEOURES
4.1 Any police Officer or Sheriff's Deputy upon finding a minor in
violation of this Ordinance shall notify the parents, guardian,
or person having custody or control of such minor and the
juvenile authorities.
\
Curfew Ordinance
Page 2
/
SECTION 5. VALIDITY
5.1 If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining
provisions of this Ordinance.
SECTION 6. PENALTY
6.1 Any person violating any provision of this Ordinance is guilty
of a misdemeanor as defined by state Law and subject to the
penalties therefor.
SECTION 7. EFFECTIVE DATE
7.1 This Ordinance shall take effect and be in force upon its
passage and publication as required by law.
Adopted by the Andover city Council on the l7th day of December,
1985.
CITY OF ANDOVER
Jerry windschitl - Mayor
ATTEST:
Marcella Peach - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 7, 1995
DATE
AGENDA
N::>.
SECTION
Discussion
ORIGINATING DEPARTMENT
Finance
APPROVED
FOR AGENDA
ITEM
N::>.
Final Review 1996
Annual Budget
~~
Jean D. McGann
Finance Director
~
/..5-.
REQUEST
The Andover city Council is requested to set a date for the
final review of the proposed 1996 General Fund Budget.
The City Council can either discuss the proposed budget at a
regular City Council meeting or schedule a special meeting.
/
J
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
November 7, 1995
AGENDA SECTION
NQ Non-Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM .
NQ Approve Quotes/Clty Hall
survey/94-30
~
Todd,J. H':las,~f
Englneenng evL.--
\i~
If,.
The City Council is requested to approve the quote of Caine
and Associates Land Surveyors which is not to exceed $2,300 to
prepare the City Hall site survey for Project 94-30.
" 'By"approvingthe quotes; this allows the Ci tyto have the
necessary site survey performed before the snow season really
gets underway. The architect will need this information when
preparing the site plan, grading/drainage/erosion control plan
and landscaping/tree protection pla~. .
I Quotes received were as follows:
Caine and Associates Land Surveyors
Hyland Surveying, P.A.
MSA Consulting Engineers
John Oliver and Associates, Inc.
. .Hakanson Anderson Associates, Inc.
, " ,- .- '" . - .
$2,300.00
$3,150.00
$3,762.00
$3,974.00
$7,850.00
\
,
~
MOTION BY:
SECOND BY:
CAINE & ASSOCIATES. INC. 612 434 7646
P.01
~ ~cFHEY N. CAINE
R.LS.
.
eaiflc .t: Associates
,(alftl Surveyors, life.
17no HIGHWAY 65
HAM LAKE, MINNESOTA 55304
434.7646
November 2, 1995
Mr. Todd Haas, Assistant City Engineer
City of Andover
1685 CrosstoVvn Boulevard N.W.
Andover, MN 55304
SUBJECT: City Hall Site Survey
Project 94~30
Dear Mr, Haas:
In response to your letter of October 31, 1995, I have prepared the following estimate of the cost for the
above-referenced survey.
In addition to the work listed in your letter, I will provide YOll with an AutoCad disk containing the
drawing. My estimate for this work is $2,000 to $2,300, not to exceed $2,300.00. We win complete
the work within three (3) weeks of receiving your authorization to proceed.
If you have any further questions, please feel free to contact me.
Yours truly,
CAINE & ASSOCIATES LAND SURVEYORS, INC.
2J~7 0 C~
Jeffiey N. Caine, President
JNC:jmk
HY-LRND SURVEYING
TEL:612-560-2079
Nov 02,95
9:21 No.001 P.02
HY-LAND SURVEYING, I~A.
LAND SURVEYORS
,'t,
'"!
-j
November I, 1995
City of Andover
1685 Crosstown Boulevard N.W.
Andover, Minnesota 55304
Attn: Todd J. Haas
Re: City Hall site Survey/Project 94-30
Dear Todd,
The following are services required for the above referenced
project:
/
1.
prepare an as-built survey to include all (but not'
limi ted to) buildings, parking Ipts/dri veways , hockey
rinks, softball fields, wells; utilities, etc.'"
2. Site survey shall including existing topography.
3.
Monument all property corners.
4. ~ocate all soil boarings witn an elevation.
..
5. Provide legal description on survey and acreage.
6.
I would be able to start the project the week of
November 6, 1995, with completion in 7 working
weather permitting. . .
The cost for the above surveying work will be $3,150.00.
',I
Thank you for considering Hy-Land surveyinqtor this project.
~e;t {,~
~((~Yland
- ~
7845 Brooklyn Blvd. · Brooklyn Park, Minnesota 55445 . 560-1984
,,,
I---.-----~
'~'I~l'
i" I
1 J ~ 'H
I. ____....__-.J
rO~iSlLTm l:,lmmlS
November 2, 1995
File: 900-001-00
1326 Energy P~~. Drive
St. Paul. wN 55108
612,6!d.d389
].800888.2923
Fa.: 612-6449446
.I.!, ::"~~i'~tE~:lt{;>
~'Ni~Ui;.M~:-';lJ..;
"tJ".!!':iP;,,\
/
..'~lt:;! I~
:~_::t: ':J,;~r~
~1~,}(TUfAl
Mr. Todd J. Haas, E.I.T.
Assistant City Engineer
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
RE: SURVEY PROPOSAL FOR THE CITY HALL SITE
Dear Mr. Haas:
We appreciate the opportunity to submit our survey proposal for t1le boundary, topo, and
as-built survey for the City Hall site, Project No. 94-30. Our cost is based on our hourly
rates with a not-to-exceed cost of $3,762.
We have the personnel available to start this project immediately and we estimate that the
project could be completed wilhin 10 working days.
"", If there are any questions regarding our proposal, please contact our office at 644.4389.
JR.'W:
r~A."I$.:::'0IH~\liON
f, I n~~( A:MEClio1NV '~l
;+,(;,t"'!?i~j(.
I""I,'J..(
~,j\'iii l)S;~!81J1:0~
:i.AUA
)':':1 Ii',~ (ONTit.Y~
OffiCES IN:
M!NNtAi'OllS
PRIOR LAKE
5T. PAUl
WASfCA
<::e-cl
Yours truly,
M~:ING EN~INEERS
Fmnk S. ({'iz, R.L.n
FSK:bs
900/00!..Q205.nav
An Equal Opportunity Employer
,n",cl .l.S "'sw 'l:i2:= 'll nH.l. !;;6-<:: -.....ON
11/01/95 16:~6 FAX 612 441 5665
JOHN OLIVER ASSO
141001
, avl' EngIneering
/ lond Surveying
lond PlannIng
John Oliver & Associates, Inc.
s'o Dodg~ AyetalU!, m RIwr, ltIN S5330
(6U)4U-Z01Z. Ecu:4f1-56fS
November 1, 1995
Mr. Todd Haas, E.I.T.
City of Andover
1685 Crosstown Boulevard NW
Andover, Minnesota 55304
Re: City Hall Site SurveyIProject 94-30
Dear Todd:
Our fee for the City Hall Survey is $3974. The start date would be about one week from
written authorization to proceed. A delivery of drawing would be about two weeks from
the start date.
We are concerned about the extent to which request No.1 could be interpreted so we
would limit what we depict on our drawing to those items which are visible and/or
marked by the City or a Gopher State One-Call.
Thank you for requesting this proposal. If there are any questions please feel free to
contact me.
Sincerely,
John Oliver & Associates, Inc.
~I~~
~i~~~as
Offices in Elk Hil'er & Burnsville
NOV 01 '95 15:25 HAKANSON ANDERSON
P.l
III Hakanson
Anderson
1 Assoc-.lnc-
222 Monroe Street
Anok4. Minnesota 55303
6121427-5860
F;.'Il( 61U4Z7-3401
November 1, 1995
Mr. Todd Haas
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
RE: City Hall Site Survey/Project 94-30
Dear Todd:
Thank you for the opportunity to provide the City of Andover a proposal for
professional land surveying services. We understand, from your lener and
conversations, that the scope of our project is to be as follows:
1. Topographic survey of 30 acre city property to architectural standards
showing .iill improvements, utilities, ate.
a. Elevations taken to provide a 1 foot contour interval.
b. Spot elevations on all "hard" surfaoes at no more than 50 foot
intcrvals.
c. Location of all "significant" trees (areas of dense woods shall
show edge of trees).
d. Location and elevations of borings (by others).
e. Dimensions of all buildings.
f. Topography to show both sides ot Hanson and Crosstown Blvd.,
50 foot overlap to north and west.
g. Establish additional benchmarks on site.
2. Boundary survey of property.
a. Provide client il computer disc. with il AUTO CADD Release 12.
DWG fila of drawing.
b. Submit vellum reproducible and ildditional copies of drilwing as
neeessmy.
With considemtion of thc abovo items, I have estimated the coat to perform the Ilboye
items to be $7.860.00. I realize that timing of this project is important and we feel
Engineer.;
Lands~ AtchlleclS
Surveyors
NOV 01 '95 15:25 HAKANSON ANDERSON
P.2
Todd Haas
Page
November 1, 19952
that we could complete this survey and drawing within four weeks of a Notice to
Proceed less any d8Y~ for inclement weather.
Our firm has provided these types of surveys for many of the prominent architectural
firms throughout the country and we /Ire aware of their many particulitr needs and
details that they require. I am hoping that the City of Andover considers this bp-fore
going simply with the lowest bidder On this project.
Thank you again for the opportunity to provide a proposal for our serviCl:lll. If you have
any questions about this proposal elr wish 10 discuss it further, please do not hesitate
to give me a call.
Sincerely,
HAKANSON ANDERSON ASSOCIAIES, INC.
jIg
/
_...Iet
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 7, 1995
DATE
AGENDA
r-n
SECTION
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
Non-Discussion Item
Todd J. Haas,
Engineering
~~~
BY:
bid-
ITEM
r-n
Accept Easement/Malmi/
155th Avenue NW
/1
The City Council is requested to accept the proposed easement for
a public road, drainage and utility purposes to serve Parcel B
from Frank L. Malmi, owner of the property where the easement is
needed to serve Parcel B.
On July 5, 1995 the City Council granted a variance for lot width
for Parcel A. The property owner then moved an interior lot line
to create Parcel B. parcel B could not be issued a building
permit until an easement was obtained from Malmi which then would
create the necessary frontage on this 5.00 acre meets and bounds
) lot. A city street currently exists within the proposed easement
and is currently being maintained by the City.
I
MOTION BY:
SECOND BY:
f!l!" N~~Q~7-QU1T CLAIM DEED
IndMdUflI('IIoInd~I(.)
E95242
W.lIerS BoolhCo
MlflneSOla Unoform Con\llyancll\Q Blanke t It78)
No tlelinquent taxes and transfer entered; Certificate
of Real Eslale Value ( ) filed ( ) nol required
Cenincate of Real Estale Value No.
,19_
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: Ll liS
Dale:
October 24
,19~
(reserved for recording dala)
FOR VALUABLE CONSIDERATION, Frank L. Malmi. a single person
,Granlor(s),
(maritalslatuS)
hereby convey(s) and quitclaimCs) to
City of Andover
. Grantee(s), .
Counly. Minnesota, described as follows:
real property in
AnokrJ
SEE A'lTACHED EXHIBIT "A" FOR LEl3AL DESCRIPI'ION
THE 'IOTAL aJNSIDERATION FOR THE 'IRANSFER OF THIS PROPERTY IS $500.00 OR LESS.
(il more space is needed. conlinue on back)
togelher wilh all hereditaments and appurtenances belonging Ihereto.
Afn, Deed Tax Slamp Here
?L,,,A -I. 1A<JI, yo,.-{'
Frank L. Malmi
State of Minnesota
County of
Anoka
~ SS.
The foregoing instrument was acknowledged before me Ihis ,~1/
by Fr;:mk T. MrJlmi. .:::t cdn'Jlp ~rc::rm
day of ()r j"/,,, r ,19 (l<) ,
III ~ AKuaESl<A
IIQTARV' PWUQ-"""".
ANOKA COUNTY
M'l''CO!.1M.UfItAU~
, Granlor(s).
NOTARIAl. STAMP OR SEAt lOR OTliER TITLE OR RANK.
Tall Slalemenll ror lhe relll properly dncribe:d in lhis in~lrument Ihuuld be: Knill>
(Include name Ilnd ilddrU~ IlrGrantee):
City of Andover
'THIS INSTRUMENT WAS nRAFTI:D IIY INAME ANn AnDRESS):
East Central Title Co., Inc.
27114 Highway 65 NE
Isanti, MN 55040
(612)-689-0336
EXHIBIT "A"
An easement for public road, drainage and utility purposes over that part of the Northwest
Quarter of Section 24, Township 32, Range 24, Anoka County, Minnesota lying within a strip
of land 66.00 feet in width, the south line of said strip of land being described as follows:
)
Beginning at a point on the west line of NORDEEN ADDITION, according to the
recorded plat thereof, Anoka County, Minnesota, distance 1222.50 feet southerly of Ihe
north line of said Northwest Quarter, as measured along the east line thereof, thence
westerly parallel with the north line of said Northwest Quarter a distance of 249.00 feet,
said line there terminating, the north line of said easement is to be lengthened or
shortened to terminate on the west line of said NORDEEN ADDITION.
/
-"
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CITY OF ANDOVER
REQUEST FOR COUNCIL AcrION
November 7, 1995
DATE
AGENDA
t-O.
SECTION
ORIGINATING DEPARTMENT
scot~ Eri~kson'!L
Eng~neer~ng 'V
APPROVED
FOR AGENDA
Non-Discussion Item
ITEM
t-O.
Accept Petition/SS & WM/95-25/
1529 - 148th Lane NW
BY:
nczeu
IS
The City Council is requested to approve the resolution declaring
adequacy of petition and ordering preparation of a feasibility
report for the improvement of sanitary sewer and watermain, Project
95-25, 'in the area of 1529 - 148th 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 DECLARING ADEQUACY
OF A FEASIBILITY REPORT FOR THE
WATERMAIN , PROJECT NO.
LANE NW AREA.
OF PETITION AND ORDERING PREPARATION
IMPROVEMENT OF SANITARY SEWER AND
95-25 , IN THE 1529 - 148TH
WHEREAS, the City Council has received a petition, dated
October 12, 1995 , requesting the construction of
~mprovements; and
WHEREAS, such petition has been validated to represent the
signatures of 100% of the affected property owners requesting such
improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover that:
, I
1. The petition is hereby declared to be 100% of owners of
property affected, thereby making the petition unanimous.
2. Escrow amount for feasibility report is -0-
3. The proposed improvement is hereby referred to the City
Engineer and he is instructed to provide the City Council
with a feasibility report.
MOTION seconded by Councilmember
and adopted by the
City Council at a regular Meeting this 7th day of November
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
934 P02 OCT 12 '95 15:48
1~2q - i'l8th LA/vf N."
'S-Z.S-
October 12. 1995
RECEIVED
OCT 1 2 1995
CITY Of- ANDOVER
Andover City Engineer
1685 Crosstown Blvd. NW
Andover, MN 55304
RE: Municipal Improvements
Dear City Engineer:
We do hereby petition for improvemnets o~t~ary sew~storm sewer and
streets ( circle one or more) with the costs of the improvements to be assessed against my
benefitting property.
Said petition is unanimous and the public bearing may be waived. We would like to be
assessed over a 5 year period.
Sincerely, . ~
..:>t3 - ,.. L.-....L? ,.e Y'7--
L.~a..~
Bernard R. & Car~ A Jones
West 100.00 feet of Lot 1, Block I, Oak Bluff
Anoka County
Anodver, MN 55304
434-3671 Home
452-9302 Work
\
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 7, 1995
DATE
AGENDA
f\O
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Non-Discussion Item
ITEM
f\O
Receive Feasibility Report/
95-25/1529 - l48th Lane NW
Todd J. Haas,
Engineeri~~
;J
If.
The City Council is requested to approve the resolution receiving
feasibility study, waiving public hearing, ordering improvement
of sanitary sewer and watermain for Project 95-25 for the area
known as 1529 - l48th Lane NW.
The feasibility study for this parcel is as follows:
The proposed assessment is for the improvement of municipal
sanitary sewer and watermain.
The associated costs based on 1995 rates are as follows:
/ Sanitary Sewer
Area Charge .45 Acres x $1035 = $465.75
Acre
TOTAL
$285.00
$5,880.88
$5,880.88
Connection charge
Lateral (Actual)
Watermain
Area Charge 100 Ft. x 191 Ft. = 19,100 Square Ft.
or .43 Acres x $1100 = $482.32
Acre
Connection Charge $1,190.00
Lateral Charge 100 Ft. x $22 = $2,200.00
Ft.
TOTAL $3,872.32
The total assessment for sanitary sewer and watermain is
$9,753.20. The project is feasible. We do recommend ordering
the improvement.
\
)
MOTION BY:
SECOND BY:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING,
ORDERING IMPROVEMENT OF PROJECT 95-25 FOR SANITARY SEWER AND
WATERMAIN IN THE FOLLOWING AREA OF 1529 - 148TH LANE NW
WHEREAS, the City Council did on the 7th day of November
19 95 , order the preparation of a feasibility study for the
improvements; and
WHEREAS, such feasibility study was prepared by the City Engineer
and presented to the Council on the 7th day of November , 19 95 ;
and
WHEREAS, the property owners have waived the right to a Public
Hearing; and
WHEREAS, the City Council has reviewed the feasibility study and
declares the improvement feasible, for an estimated cost of
$ 9,753.20
NOW, THEREFORE, BE IT RESOLVED by the
Andover to hereby receive the feasibility
total cost of improvements of $ 9,753.20
Hearing and order improvements.
City Council of the City of
report with an estimated
, waive the Public
/
MOTION seconded by Councilmember
the City Council at a regular
19~, with Councilmembers
and adopted by
Meeting this 7th day of November,
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 - C1ty Clerk
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 7, 1995
DATE
AGENDA
t-O.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Discussion
Finance
ITEM
t-O.
G.O. Improvement Bond of 1985
Call
d?~
Jean D. McGann
Finance Director
BY:
[D,:L
dO.
BACKGROUND:
On February 1, 1985 the City of Andover issued the General
Obligation Improvement Bonds of 1985 in the amount of $300,000.
This issue specifies that the City may elect on February 1, 1995,
and any interest payment date thereafter, to prepay bonds on or
after February 1, 1996.
'.
At the present time, there is $139,450.50 available in this debt
service account. The balance remaining on the debt is $125,000
plus accrued interest of $5,925.00. Therefore, the total due on
these bonds is $130,925.00. After paying the bonds off, the debt
service fund associated with the G.O. Improvement Bonds of 1985
will have a balance of $8,525.50. These funds can be transferred
to the General Fund, another Debt Service Fund or the PIR
(Permanent Improvement Revolving) Fund. City Staff recommends
transfer of these funds to the PIR Fund.
/
REQUEST:
The Andover City Council is requested to approve the
following resolution allowing for the prepayment of these bonds.
The City Council is also requested to approve the transfer of
remaining funds from payoff of this debt to the PIR fund.
"-
/
MOTION BY:
SECOND BY:
EXTRACT OF MINUTES OF A MEETING 011 THE
CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA
ImLD: November 7, 1995
Pursuant to due call and notice the~eof, a regular
meeting of the City Council of the City of Andover, Anoka County,
Minnesota, was duly called and held at the City Hall in said City
on TUesday, the ?tn day of November, 1995, at o'clock .M.
The following members were present:
and the following were absent.
Member
resolution and moved its adoption:
introduced the fOllowing
RESOLUTION CALLING FOR REDEMPTION OF
OUTSTANDING GBNERAL OBLIGATION IMPROVEMENT BONDS OF 1965
A. WHEREAS, tne City Council of the City of Andover,
Minnesota (the nCityftJ, i~sued on behalf of the City, $300,000
General Obligation Improvement Bonds of 1985, dated February 1,
1985 (the "Bondsn), of which Bonds $125,000 still remain
outstanding; and
B_ WHEREAS, all of the Gaid Elonda maturing in the
years 1996 to 2000, both inclusive, are subject to redemption and
prepayment at the option of the City in inverse order, on
February 1, 1995, and on any interest payment date thereafter at
par and accrued interest, all as provided in the resolucion of
the City Council dated January 15, 1985 authorizing the iG~uance
of said Bonds (the ftReso1ution"li and
C. WHEREAS, the City Council deems ic desirable and
in the best interests of the City to call all of the Bonds
maturing in the years 1997 to 2000, both inclusive, on February
1, 1996, the next interest payment date, in accordance with said
Resolution; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Andover, Minnesota, as follows:
303991.1
1. Bonds to be Redeemed. All of the Bonds maturing
in the years ~997 to 2000, both inc1usi~e, shall be redeemed and
prepaid on Februa~ 1, 1996 at par and accrue~ ~nterest for each
such Bond called.
2. Mailed Notice of Call. The City Clerk is hereby
auchorizcd and directe~ to give mailed notice of call prior to
February 1, 1996, the date for call, to the bank where said Bonds
are payable and to all registered holders of the Bonds. Said
notice shall be in substantially the following form:
303991.1
2
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION rMPROVEMENT
BONDS 01' 1985
CITY OF 1I.ND0VER
ANOICA COUNTY
MINNESOTA
NOTICE IS HEREBY GIVEN that by order of the City Council of the
City of Andover, Anoka County, Minnesota, there have been called
for re~emption and prepayment on
February 1, 199G
those outstanding bonds of the City designated as General
obligation Improvement Bonds Of 1985, dated Pebruary 1, 1985,
having s~ated maturity dates in the years 1997 through 2000, and
totaling $100,000 in principal amount. The bonds are being
called at a price of par plus accrued interest to February 1,
~996, on which date all interest on said bonds will cease to
accrue. Ho1der~ of the bonda hereby called for redemption are
requested to present their bonds for payment, at 1'irst Trust
National Association (formerly, Pirst Trust Company of Saint
paul), 180 East Fifth Street, 3rd Floor-Bond Drop Window, or if
by mail, to P.O. Box 64111, saint paul, Minnesota 55164-0111, on
or before February 1, 1996.
Dated: November 7, 1995.
BY ORDER O~ THE CITY COUNCIL
Isl Victoria volk
City Clerk
Im;porf:a.nt N'of:ieal Under the Intereet emd Dividend CompJ.1ance .Ace
of 1983, 31\ will be withheld if tax identification is not
properly certified.
303991.1
3
3. Deposit of Sufficient Funds. The City Clerk is
hereby author1ze~ an~ directed to deposit with the bank where
said Bonds are payable prior to said call date sufficient fundS
to pay all principal and int~rBst due On said Bonds as of the
call date.
The motion tor the adoption
was duly seconded by member
being taken thereon, the following voted
Of the foregoing resolution
and upon a vote
in favor thereof:
and the following voted against the same:
adopted.
Whereupon said resolution was declared duly passed and
303991 .1
4
" , '-" -' .".' .... ....-., " .-
STATE OF MINNESOTA
COUNTY OF ANOn
CITY OF lllIDOVER
I, the undersigned, being the duly qualified and acting
City Clerk of the City of .lU1d.over, Minnesota, DO HEREBY CERTIFY
that I have carefully compared the attached and foregoing e~tract
of minutes of the City Council of the City of Andover held on the
date therein indicated, with the original therQof on file in my
office, an~ the same is a full, true and complete transcript
therefrom insofar as the samQ relates to calling for redemption
of outstanding General Obligation Improvement Eonds of 1985.
WITNESS my hand a8 such City Clerk this 7th day of
November, 1995.
, I
City Clerk
30:5991.1
5
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON
DATE November 7, 1995
Nondiscussion/consent
Finance
APPROVED
FOR AGENDA
AGENDA
t-n
SECTION
ORIGINATING DEPARTMENT
Release/Reduce Cash Escrows
Good Value Homes
~0\
Jean D. McGann
Finance Director
23~
ITEM
t-n
~1.
REQUEST
The Andover City Council is requested to authorize the release
of the cash escrows for the following projects.
,
,_ I
project
project Name Number purpose Amount
Northglen 5th *83-3 Feasibility $ 1,000.00
Hidden Creek 3rd *90-5 plans & Specs l5,000.00
Hidden Creek 5th *92-15 Feasibility 1,000.00
Hidden Creek 4th plat Escrow l65.66
Hidden Creeek 5th Plat Escrow 892.84
Subtotal $18,058.50
The Andover City Council is requested to reduce the cash escrow for
Northglen 2nd Addition as follows:
Cash Escrow Held
Reduction Amount
New Cash Escrow
$13,823.00
$11,663.04
$ 2,159.96
The total amount requested to be released excluding applicable
interest is $29,721.54.
BACKGROUNO:
Good value Homes has placed the above monies in escrow with the
City of Andover and has fullfilled the requirements for the
release/reduction as indicated.
\
/
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 7, 1995
DATE
AGENDA
t-..O.
SECTION
ORIGINATING DEPARTMENT
scot~ Eric;kson'AI'
Englneenng qjL
APPROVED
FOR AGENDA
Consent/Non-Discussion Item
ITEM
t-..O.
Approve Final Payment/95-17/
Various Streets
~
~ ..7.
The City Council is requested to approve the resolution accepting
work and directing final payment to PPM, Project 95-17, 1995 Pavement
Markings for Various City Streets.
Final cost was $5,071.43 and the quoted price was $6,610.10.
)
I
MOTION BY:
SECOND BY:
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
FOLLOWING AREA:
ACCEPTING WORK AND DIRECTING
FOR PROJECT NO. 95-17
PAVEMENT MARKINGS
VARIOUS STREETS IN ANDOVER
FINAL PAYMENT TO
FOR THE IMPROVEMENT OF
IN THE
A RESOLUTION
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 Counci1member
and adopted by the
City Council at a
regular
meeting this
7th
day of
November
, 19 95 , with Councilmembers
voting in favor of the resolution,
and Councilmembers
voting against,
whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey - Mayor
Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 7, 1995
DATE
AGENDA
t-.O
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Non-Discussion Item
Todd J. Haas,
Engin~tg
BY:
b.,J~
ITEM
t-.O
Release Letter of Creditl
Hidden Creek East 3rd Addition
,-;J,,3.
The City Council is requested to release the Letter of Credit for
Good Value Homes for the development of Hidden Creek East 3rd
Addition.
Letter of Credit
8554
Amount
Available
$4,300.00
Reduce
To
$0-:00
Reduction
$4,300.00
\
J
Attached is a memo from the developer'S engineer Roger W. Nelson
stating that the site is in general conformance with the approved
grading plan except as follows: The rear yard area of Block 2
was not graded as planned, but has had no apparent problems to
date.
Staff did meet with the developer on-site and we both agreed that
we have had no calls from property owners on the drainage. There
may be some small area of standing water during heavier
rainfalls, but it would overflow to streets and storm sewers
before the runoff effects the homes if the storm was not larger
than a 100 year storm.
J
MOTION BY:
SECOND BY:
6' 612 784 7190
R NELSON ENCRINC
1'01
/
R. NEI}.50N ENGINEERING
. .... .. .. r
1628 HIGHjWAY 10 NE, SUITE C l) 1
SPRING 4KE PARK, MINNESOTA 55432 r ..- b '&
(612) -r -1 S:>
~f~~ f fr 'f
TOr John Peterson, Good Value Homes
FR~M: Roger Nelson, P.E.
REf Hidden Creek East 3rd, Andover
lr.lIr= (ktober 26, 1995
~,~~~~~~~~~~~~~~~~~~~~~~~~
..... ~~~~~.....~~~~C#IIII"'~""""""""~~""~~~"'~
I h~by certify that the rough grading of Hidden Creek
Easf 3rd Addition was perfonned in general conformance
wi the approved grading plan except as follows: The
f yard area of Block. 2 was not graded as planned) but
has had no apparent problems to date.
~4J.~
RDg r w. ISOD, PE
Reg 1.4.3&9
Oel z,~ ",s-
.'
CD. d Ec68SSL.
01
wo~~ 0E:9~ 956~-ge-1JO
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 7, 1995
DATE
AGENDA
NJ.
SECTION
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
Scott ~riCk~on'-"L
Eng~neer~ngft)
BY:
Non-Discussion Item
ITEM
NJ.
Approve Change Order #3/Fox
Woods/Hartfiel's/Sharon's 2nd/
Pond "C"/Bunker Lake Blvd.
Service Rd.
;;;1
The City Council is requested to approve Change Order #3 in the
amount of $20,699.47 for Fox Woods (project 94-9), Hartfiel's
Estates (project 94-6), Sharon's 2nd Addition (project 94-7),
Pond "C" and Bunker Lake Boulevard Service Road (project 93-30).
A description of the additional work is included with the change
order. The additional work was necessary as follows:
,
)
Hartfiel's
Item #1 - The excess soil on the project was originally
anticipated to be used within the subdivision. prior to
depositing the material in the subdivision soil corrections
needed to be performed by the lot owner. The soil corrections
were not made resulting in the necessity to transport some of the
material off-site. Also, additional material was generated more
than had been anticipated in the contract.
Item #2 - An existing city watermain valve was found to be
damaged and required repair.
Item #3 - Additional driveway repair was performed more than had
been anticipated in the original contract.
Item #4 - Adjustment of an existing manhole was required which
had not been included in the original contract.
Fox Woods
Item #l - See Item #4 on Hartfiel's. Same reason.
Item #2 - Due to cold temperatures, additional heating of
concrete for curb and gutter was necessary. The original
contract anticipated adequate temperatures for this activity.
Item #3 - Upon installation and actual field conditions, it was
necessary to extend a section of storm drain pipe to reduce
erosion potential at this location. This was a field
\ modification based on existing field conditions.
,
MOTION BY:
SECOND BY:
/
,
Item #4 - The construction of temporary cul-de-sacs, as required
by City ordinance, was not identified during the plan design.
They will be included as necessary on all future contracts.
Item #5 - The original manhole elevations were set from the
developers original grading plan. Actual field conditions
necessitated re-establishing the manhole lid elevations to actual
grade.
Item #6 - The existing hydrants were not anticipated to be
relocated at this location. Due to the depth and slopes required
for the sewer trench, the hydrants needed to be moved.
Staff will be working closely with the City's consulting
engineers to help insure all anticipatable items are included in
future contracts.
/
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER # 3 TO PROJECT NO. 94-9 (FOX
WOODS), 94-6 (HARTFIEL'S ESTATES), 94-7 (SHARON'S 2ND ADDITION),
POND "c" AND 93-30 (BUNKER LAKE BOULEVARD SERVICE ROAD
WHEREAS, the City of Andover has a contract for Project No.
94-9 (Fox Woods), 94-6 (Hartfiel's Estates), 94-7 (Sharon's 2nd
Addition), Pond "CD and 93-30 (Bunker Lake Boulevard Service Road
with S.R. Weidema, Inc. of Brooklyn Center, MN
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover
to hereby approve the change order to project No. 94-9, 94-6, 94-7,
Pond "CD and 93-30
MOTION seconded by Councilmember
and adopted by the
City Council at a
regular
meeting this
7th
day
/
of
November
, 19 95 , with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was
passed.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey - Mayor
Victoria Volk - City Clerk
'r-
CHANGE ORDER
/
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
Engineers-Architects-Planners
saint Paul, MN October 20.
10674/10640/ "
10672/9140-940/
19~ Corom. No. 10581 Change Order No. -1--
for
W id ma
Fox Woods .,(9 -9), Hartfiel's Estates (94-6), Sharon's 2nd
Addition (94-7), Pond "C" pumping Fa~lity
Bunker Lake Boulevard Frontage Road l'l3 -:3.::>)
To
for
City of Andover. Minnesota
You are hereby directed to make the following change to your contract dated
September 7. , 19~. The change and the work affected thereby
is subject to all contract stipulations and covenants. This Change Order will
(increase) (dettei~e) (n~t/t~inge) the contract sum by Twentv Thousand
Six Hundred Ninety Nine and - - - - 47/100 Dollars ($ 20.699 47 ).
This change order provides for the following extra work:
Hartfiel's Estates
1. The following items were necessary to transport the excess 4,700 cubic
yards of soil from the Hartfiel's project to the Public Works stockpile.
/
Trucking
Supervisor
Backhoe w/operator
Mobilization
108.5 Hrs
5.5 Hrs
23.5 Hrs
1.0 LS
@ $ 51. 75
@ $ 50.00
@ $125.00
@ $500.00
$5,614.87
$275.00
$2,937.50
$500.00
Subtotal
$9,327.37
2. An existing 8" gate valve at 146th Avenue and Bluebird Street required
repair for leaking.
Foreman w/Pickup 1.5 Hrs @ $ 45.00 $ 67.50
Yutain 200 Backhoe
w/Operator 1.5 Hrs @ $130.00 $195.00
Pipe layer 1.5 Hrs @ $ 37.00 $55.50
Bottom Man 1.5 Hrs @ $ 36.25 $54.38
Subtotal $372.38
~
/
Chancre Order No
Commission Nos.
Page Two
3
10674/10640/10672/9140-940/10581
3. Concrete driveway removal, preparation and installation for new driveway
at Lot 3, Block 4, Hartfiel's Estates.
Tractor Backhoe
w/Operator
Front End Loader
w/Operator
Laborer
End Dump truck
Dumping Fee
Concrete Sawcut
Concrete Driveway
Subtotal
4.0 Hrs @ $ 75.00
$230.00
4.0 Hrs
2.0 hrs
2.0 Hrs
2.0 Loads
19.0 LF
1164 SF
@ $115.00
@ $ 34.46
@ $ 51. 75
@ $100.00
@ $ 5.00
@ $ 2.87
$460.00
$68.92
$103.50
$200.00
$95.00
53.340.68
$4,498.10
4. Adjust existing manhole on Bluebird Street.
Foreman w/Pickup
966 Loader w/Operator
235D Backhoe w/Operator
Pipelayer
Bottom Man.
Subtotal
j
Total - Hartfiel's Estates
Foxwoods
1.0 Hrs @ $ 45.00
1.0 Hrs @ $120.00
1.0 Hrs @ $175.00
1.0 Hrs @ $ 37.00
1.0 Hrs @ $ 36.25
$45.00
$120.00
$175.00
$37.00
$36.25
$413.25
$14,611.10
1. Adjust existing manhole on Bluebird Street.
Foreman w/Pickup
966 Loader w/Operator
235D Backhoe w/Operator
Pipelayer
Bottom Man
Subtotal
1.0 Hrs @ $ 45.00
1.0 Hrs @ $120.00
1.0 Hrs @ $175.00
1.0 Hrs @ $ 37.00
1.0 Hrs @ $ 36.25
$45.00
$120.00
$175.00
$37.00
536.25
$413.25
2. Concrete heating charge for curb.
259.0 CY @ $ 4.89
$1,266.51
.'
.'
~.
Chancre Order No.3
Commission Nos. 10674/10640/10672/9140-940/10581
Page Three
/
3. The 15" RCP storm sewer line extending north of MH 17-1 was lengthened
by eight feet. It was necessary to remove the flared end section,
install the storm sewer pipe, and then install the flared end section
again.
Tractor Backhoe
w/Operator
Laborer
15"RCP Storm Sewer Pipe
Sales Tax 6.5%
Overhead and Profit 15%
2.0 Hrs
2.0 Hrs
8.0 LF
@ $
@ $
@ $
75.00
35.22
12.80
$150.00
$70.44
$102.40
$6.65
$16.36
Subtotal
$345.85
4. Temporary cul-de-sacs on 146th Avenue and 146th Lane were constructed
per City's request. The temporary cul-de-sacs were not included on the
grading plan and the grading was done by S. R. Weidema, Inc.
Foreman w/Pickup 6.0 Hrs @ $ 45.00 $270.00
Bobcat w/Operator 12.0 Hrs @ $ 60.00 $720.00
Tractor Backhoe
w/Operator 10.0 Hrs @ $ 70.00 $700.00
Blade w/Operator 1.0 Hrs @ $ 75.00 $75.00
Class 5 Gravel 60.0 TN @ $ 4.50 $270.00
Gate Valve Box
Top Sections 2.0 EA @ $ 30.00 $60.00
/ Sales Tax 6.5% $21. 45
Overhead and Profit 15% S52 72
Subtotal $2,169.17
5. MH 10-2 and MH 10-3 located behind the east curbline of Bluebird Street
required lowering to match the finished elevations. The manhole rim
elevations were originally set to the elevations shown on the grading
plan. The elevations shown on the grading plan were 1.5' to 2.5' too
high to meet City standards.
Foreman w/pickup 2.0 Hrs @ $ 51.75 $103.50
Tractor Backhoe
w/Operator 4.0 Hrs @ $ 85.00 $340.00
966 Loader w/Operator 0.5 Hrs @ $115.00 $57.50
Laborer 4.0 Hrs @ $ 34.46 S137 84
Subtotal $638.84
,~
,~
",---
~
,
Chancre Order No.3
Commission Nos. 10674/10640/10672/9140-940/10581
Page Four
6. Two existing hydrants located along the east side of Bluebird Street
needed to be moved to allow room to install the sanitary sewer.
Foreman w/Pickup
235D Backhoe w/Operator
966 Loader w/Operator
Pipe Layer
Bottom Man
Subtotal
Total - Foxwoods
Grand Total - Change Order No. 3
Amount of Original Contract
Additions approved to date (Nos.
Deductions approved to date (Nos.
Contract amount to date
Amount of this Change Order (Add)
Revised Contract Amount
/
Approved CITY OF ANDOVER. MN
By
3.0 Hrs @ $ 45.00
3.0 Hrs @ $175.00
3.0 Hrs @ $125.00
3.0 Hrs @ $ 37.00
3.0 Hrs @ $ 36.25
$135.00
$525.00
$375.00
$111.00
$108.75
$1,254.75
$6,088.37
$20,699.47
$ 1. 009.988 71
1. 2 ) $
) $
$ 1.034.261.70
(~e~itt) (~~t/~~ange~) $
$ 1.054.961.17
+24.272.99
o 00
+20.699 47
Owner
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
By ~~~ -n a~1J
Richard M. Odland, P.E.
Date
APpr~EIDE~'
By =-'--
INC
Contractor
10 -...J.. if -c, )
,
Date
White - Owner*
pink - Contractor*
Blue - TKDA
.'
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 7, 1995
DATE
AGENDA
NJ.
SECTION
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
Non-Discussion Item
Scott ~rick~on,~
Eng~neer~ng<pv
BY: .
~
ITEM
NJ.
Approve Change Order t3/Crown
pointe East/94-22
c:?5:
The City Council is requested to approve Change Order #3 in the
amount of $691.92 for Crown pointe East, Project 94-22.
J
A description of the extra work is included with the change
order" The changes were required as follows:
Item #1 - Street sweeping was not included in the original
contract. The sweeping was required prior to installation of the
2nd lift of asphalt. Sweeping will be included in all future
City contracts.
Item #2 - The rip-rap (rock) was necessary to control erosion
from run-off at this location. It was not included in the
original contract.
\
)
MOTION BY:
SECOND BY:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
TO PROJECT NO. 94-22
A RESOLUTION APPROVING CHANGE ORDER # 3
CROWN POINTE EAST .
WHEREAS, the City of Andover
94-22, Crown pointe East, with
Shoreview, MN
has a contract for Project No.
C.W. Houle, Inc. of
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover
to hereby approve the change order to Project No. 94-22
MOTION seconded by Councilmember
and adopted by the
City Council at a
regular
meeting this
7th
day
November
, 19 95 , with Councilmembers
of
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 AcrION
DATE NOVEMBER 7,1995
AGENDA SECTION
t\O. NON-DISCUSSION I CONSENT ITEMS
ITEM PUBLIC WORKS FENCING
tn. /
O?~.
ORIGINATING DEPARTMENT APPROVED
FRANK O. STONE FOR AGENDA
PUBLIC WORKS SUPE~
f!P BY: ~
WE RECEIVED BIDS FROM TOWN & COUNTRY FENCE AND FROM NORTH STAR FENCE, INC. TO FINISH
FENCING THE PUBLIC WORKS STORAGE AREA. WE HAVE A LOT OF EQUIPMENT PARKED IN THIS OPEN
AREA. FIFTY PERCENT OF THIS AREA IS ALREADY FENCED, THIS FENCING WILL COMPLETELY
ENCLOSE THE REMAINING OPEN AREA.
BID AMOUNTS:
TOWN & COUNTRY FENCE
NORTH STAR FENCE, INC.
$8,300.00
$8,300.00
AS YOU CAN SEE, THE BIDS ARE EVEN TO THE PENNY. BOTH COMPANIES ARE VERY GOOD AT THEIR
JOB. I RECOMMEND TOWN & COUNTRY FENCE TO FINISH THE FENCING BECAUSE THEY ARE
PRESENTLY IN ANDOVER INSTALLING FENCE AT THE FIELD OF DREAMS COMPLEX. THEY CAN START
OUR JOB IMMEDIATELY.
THE MONIES FOR THIS PROJECT WILL COME FROM FUNDS EARMARKED FOR FENCING IN THE 1995
I GENERAL FUND BUDGET.
MOTION BY:
,
/ TO:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
November 7, 1995
AGENDA
t-O.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Non-Discussion
ITEM
t-O.
Fire Department
;21.
Request to Approve Fire
Training and House Burn at
14101 Seventh Avenue
Dan Winkel, b.W
Fire Chief
BY:
J)ic..L
The City Council is asked to approve the burning of a single-
family home located at 14101 Seventh Avenue. The property is
owned by Mr. Glenn Sonsteby.
Mr. Sonsteby has signed the enclosed liability agreement.
The Fire Department will be conducting firefighter training on
Wednesday, November 8, 1995, starting at approximately 6:00 p.m.
The house will be burned to the ground that same evening.
/
-
MOTION BY:
SECOND BY:
THIS AGREEMENT made this 7 tho day of November 19 95
by and between Mr. Glpnn Snnstphy hereinafter called the
"Owners" and the city of Andover, Anoka, county, Minnesota,
J hereinafter referred to as the "City",
WITNESSETH:
WHEREAS, the following are the owners in fee of the following
described parcel:
14101 7th. Ave.
Andover, Minn.
WHEREAS, a hazardous building is located on the above described
parcel, such building being described as follows:
Single family dwelling
WHEREAS, it is desired by the owners that the above described
hazardous building be razed by the city's Volunteer Fire Department.
IT IS HEREBY AGREED:
1. That the City of Andover Volunteer Fire Department shall
forthwith raze the hazardous building described above.
2. That the owners will assume all liability for any damages
which might be occasioned by the razing or destroying or removal of
said building or buildings, and consent that the building may be
destroyed by burning as a training project for the City of Andover
Volunteer Fire Department, with the understanding that the city of
Andover Fire Department will exercise reasonable caution in so
destroying said building by fire.
3. That the City of Andover, its Volunteer Fire Department, its
agents and employees, and anyone acting in behalf of the City or the
City Fire Department shall not be liable, in any way, for any damage
to or destruction of trees, shrubs, grasses, plants, other
structures, any items located or contained upon the property on which
the hazardous building is located or any of the contents in the razed
building or in any other structure located on the property.
4. 'l'naC cne owner-s as:;)~Ll-, uy t::^t::.....u.....LU~ ,,"U.l.o;l ~"='...............u_u_,
they are the sole fee owners of the property and building to be
razed, and that there are no others who have any interest therein, or
lien thereon, and that should either the city of Andover, its
volunteer Fire Department, any agent or employee, or any person
acting in behalf of the Fire Department, become liable or exposed to
liability in any way, to anyone else who may have an interest in the
premises, that the owners shall save the City and others identified
above harmless therefrom.
IN WITNESS WHEREOF, each of the parties hereto have caused this
agreement to be executed as of the day and year first above written.
IN THE PRESENCE OF: SIGNEO:
IN THE PRESENCE OF:
Owners
SIGNED:
CITY OF ANDOVER
/~ IdJ;)/ -;:;~ tJ;tf
Mayor
city Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON
November 7, 1995
DATE
AGENDA SECTION
NQ Non-Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM Accept Easement/Lot 6, Block
NQ 10, Hills of Bunker Lake 5th
~
Todd J. Haas, ~ L
Engineering
~lvL
~3.
The City Council is requested to accept the permanent easement
for drainage and utility purposes over the west 10 feet of the
east 15 feet of Lot 6, Block 10, Hills of Bunker Lake 5th
Addition from the developer Hills, Inc.
The easement is necessary for some storm sewer that was relocated
from the Doug Steele property to Lot 6, Block 10, Hills of Bunker
Lake 5th Addition. The City did not have an easement on the
Steele property to construct the storm sewer.
)
I
,
MOTION BY:
SECOND BY:
Oct-31-95 lO:53A registered
612 427 6948
P.02
'or"'No.:KlO9-'M-W~1(l'MiX Quit Claim
cOfpor,iiOn Oi ;;;,..i;W;8hi,j iO c.8iiiifi or p.,lneoth!p
w.I..s"",,",
_~...eo-.~_.IWl1'1
No delinquenllaxe!; and Irnnsfcr enlered: Cerlil1clIle of
Relll E,o;lnlc Value ( ) flied ( ) not ~qtlired
CerlincBle of Real E!;late Value No.
.19_
--.-.-----..------
Cnunly Audilor
by
O('puly
STATE DEEI> TAX 1>1IE IIEREON: $---
Dale: _O.,9tober ___." 311.__._ ._.._..._._.___,., 19J!!L
(reserved fur recnnJing 1.1..1.1)
FOR VALUAIlI.ECONSIDERATION. Hills, Inc. __d --- --------
_ ___.n"_ _____.____ __ _.. ____ ._._.._.__.8 ___C_orpQJ'.@.t;.j.on_.___ untler 111(' law!': Clf
.__.__---H.:i:[Ine~t~.___ . Grlmtclr. Iu'rt'hy ctlnvey!' and ltJblflU<<1C.K Ouit. r::18iIl1S.-ia-th8-~_..____ _..--
City of Andover _ ._ __ _ . (ir.mlce. It
-M~iii:'c!~~i-_ Co~po~Bti~!1:_. ~ ...___ Ulkler Ihe laws of -MInnesot~-=--=-_=.=~~al pn1perly in
Anoka . _ .._ ('ulIllly. Minnesllta. d('!<<:rihcd liS fnl1uws:
B permanent easement for drainage end utility purposes over the West 10 feet
of the East 15 feet of lot 6, Block 10, Hills of Bunker lake 5th Addition.
(II more'~ llneedltd. c:onttnue onNek)
lngclht'r wilh nil hercdil:unenl!l and appurtenances belunginp: Iherelo. subjecl to Ihe fnllowing. eltcepliuns:
By
1'rJlsi.dllnt
Affb Deed Tu Stamp lIere
By
STATE OF MINNESOTA
lis
SJ.
COUNTY OF
Anoka
The fore~(lin@: wa, Rcknowled$:ed before me lhi!;
by Anthony J. Emmerich
lhe Vice President
of --1i..ilJ.._s. Inc.
under lhe laws of Minnesota
31st
10M
. tJ~
~,y or
October
. 19~.
NOTARIAl. STAMI'OR ~f:AI.IOR OTlmR tITLE OR RANk)
JAN TfOMS SKlroAL I
NOT IlAY PUBLIC
Ml~,l(SOT ...
1ffCP.'''~r.1~~
T~1 ~'.It.......o f,. ..... ~.. ....,....rt). ...'OC.itlr" ill "'10 ..'........1lI .........1"" W'" ,..
11........"'..._ .."I "''''_...0..''....1
nll~ lN~llt\l"IF.NI. WA~ I)IlAFffll8Y lNMlf. ANII M}"IlF.~Sr
City of Andover
1685 Crosstown Blvd.
Andover, Hn 55304
Registered Abstracters, Inc.
2115 N. 3rd Ave.
AnokB, Mn 55303
,DEC~02-1994 10:50
.
TKDA
P.04/04
\
N
"
90.00
: ~o:oO I r 90:00 l r 9QOO -,
I I I I I I'!.. t?c
0J II ~ II (J1, ,--6)
I I I I , I
II1SL()G~ I lo II
I I . I I I I
I I I I I I
---~ L___J L II
. ; . ----J L
4otl, ; 6. = 10035'0/11; - - -
\ 4~ 1""'R ;;;50b.6of-^.!Z!!:~'!:!r'!V jl). '= 10.44 '16'
, : L == 92.36: B? OS ".H~-'R-H" "H~"""HH"'"
/ - - --, r: ! = 500.00
1 I . I - - I r- _ _ ; L == 93.71
II II II ir---l
I I I I I I , I
I I I I I I I I I
I I I I I I I I ~I
I I II II II ~I
IIN IIN IIN 111'0 I
110) II"-J 1 I (Xl IICD I
J L__--1 L__--1 L__--1 L___J
~-~~--------7r----~
. \ <.0
. \,,~ II I
.I,,~ I / OJ ?iil
,,~ / / gl
'\~ I I I
TOTAL P.04
CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON
November 7, 1995
DATE
AGENDA
NJ.
SECTION
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
Scott ~riCk~on,\~
Eng~neer~ng q)"
Non-Discussion Item
ITEM
NJ.
Approve change Order #4
(Compensating)/Bunker Lake
Boulevard Service Road/93-30
BY:
bie{
,..;Jq,
The City Council is requested to approve Change Order #4 in the
amount' of $31,869.50 for Bunker Lake Boulevard Service Road,
project 93-30.
The description of the changes are outlined on the attached
change order form.
) * A detailed description of all change orders for this project
are included for your review. Although some of the changes were
from items not included in the original contract, other items
were added at the request of the City, the property owners
(Kottke's request for an additional driveway) and the Coon Creek
Watershed District.
Staff will be working closely with the City's consulting
engineers to reduce the changes made to City contracts. Although
not all items can be anticipated, we will work to improve City
contracts and identify all items which can be anticipated during
the design of the project.
)
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 * 4
BUNKER LAKE BOULEVARD SERVICE ROAD
TO PROJECT NO. 93-30
WHEREAS, the City of Andover has a contract for Project No.
93-30, Bunker Lake Boulevard Service Road with Hydrocon, Inc.
of North Branch, MN
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover
to hereby approve the change order to Project No. 93-30 .
MOTION seconded by Councilmember
and adopted by the
City Council at a
regular
meeting this
7th
day
November
, 19 95 , with Councilmembers
of
voting in favor of the resolution, and Councilmembers
voting against, wh~reupon said resolution was
passed.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey - Mayor
Victoria Volk - City Clerk
NOV-02-1995 14:56
\?f/
(I
TKDA
612 292 0083
P.08/10
CHANG!': O.EDM
I
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, XNCORFORATED
Engineer~-Architects-Pla~er3
Saint Fau1, MN October 27.
19~ Corom. No. 10581
Change Order No. ~
TO
tlydrocon. Tnn
for
Bunker Lake P,olll~vard Fronr"ge Road - Ph'ij"e 2
for
r.i~y of Andover Minnesota
You are hereby directed to make the following change to your contract dated
March 7. 1995 , 19~. The change and the work affected thereby
is subject to all contract stipulations and covenants. This Change Order will
(increase) (decrease) (not change) the contract sum by Thirtv pne Thousand
Bight Hundred Sixty Nine and - - - - 5~/IOO Dollars ($ 31.869 50 ) ,
r.OMP~NSATING CHANG!': ORDER
This change Order shows the actual quantities installed at the unit price bid
amounts (see attached itemi~ation):
GRAND TOTAL - CHANGE ORDER NO. 4
$31,869.50
Amount of Original Contract ~
Additions approved to date (Nos. 1. 2, 3 $
Deductions approved to date (Nos. $
Contract amount to date $
AmOunt of this Change Order (Addl (111111) (11111111111l $
Revised Contract Amount $
381. 772 50
19 34? 8CJ
0.00
401,115 39
+31. 869 50
432,984.89
Date
TOLTZ, KING, DUVALL, ANDERSON
AND ASSO:IATES, INCORJ!OFATED~
By &~..J -m. 6L1h~
Rich~rd M. Odland, F.E.
Approved teTTY' OF ANDOVP:~, MN
Owner
By
cotltr~t~
ID 30 ~
.
Oate
White - Owner*
Fink - Contraotor*
Blue - TKDA
::P;2i~
NDV-02-1995 14:54
TKDA
512 292 0083 P.02/10
, TKDA
TOLTZ. KiNG, OVV...u.. "'NDERSON
AND ...eeOCtATES. lNCORF'OIlATED
,51lO PIPER.l4fl'RAY I'UZA
... 0EllAR 5T1lEET
llAl"lT PA,UL.MINIIESOfAU101-2140
PHONE"'~~ FAX:ll12'2ll~
/ ENGINEERS. ARCHITECTS. PLANNERS
November 2, 1995
Mr. Scott Erickson
City Engineer
1685 CroS3town Boulevard NW
Andover,l\1innesota 55304
Re: Final Payment
Bunker Lake Boulevard Frontage Road Phase 2
City Project 93-30
~dovcr,~esota
Commission No. 10581
Dear Mr. Erickson:
The above referenced project, including fmal punclllist items has been completed. The fmal
contract amount is $432,984.89.
The original contract amount was $381,772.50. The constrUction cost estimate in the Feasibility
Report dated November 11. 1994 was $388,655.00.
Enclosed please fmd the following for your reYiew and City Council approval.
1. Change Order No. 1
2. Change order No.2
3. Change Order No.3
4. Change Order No.4 (Compensating)
5. Certificate No.8 (Final)
6. Project Close-out Documentation:
a. Bonding Company Consent Letter
b. Withholding Affidavit for Contractors (Form IC-134)
c. Lien Waivers from Suppliers and Subcontractors
The following is a summary of the change orders written on this project:
1. Chan~e Order No 1 - $5.300.00:
Work was done to repair an existing storm sewer outlet located In the HIdden Creek East
Sth Subdivision. Erosion off of the end of the stonn scwc:r created a. safety hazard fOJ:
nearby residents. This work Wag done per City's request.
2. !:han~e Order No.2 - $5.715.~4:
A. Gear and Grub Trees in Ditch - No bid item was included in bid proposal.
NDV-02-199S 14:54
TKffi
612 292 0083 P.03/10
Mr. Scott Erickson
November 2. 1995
Page 2
B. Remoyc and Replace Fence a.t Auto Body Shop - No bid itcIn was included in bid
proposaL
C. Remove Concrete Rubble in Pond - Costs were paid for disposing of concrete that
was found in pond excavation.
D. Insulate Watennain/Stonn Sewer Crossing - It was decided to install insulation
between the stann sewer and the
watennain to protect watennain pipe
from freezing;
E. Locate Water Stub Commercial Boulevard - Stub location on construction plans
Wil:j incorwct.
F. Restocking and Freight Cllarge - The pond stann sewer outfall piping was bid for a
21" pipe. Per Coon Creek Watershed. District's
request, it was changed to an 18" pipe. The 21"
pipe was already on site and had to be sent back: to
the supplier.
G.
ConstrUct Baffled Weir - Coon Creek Watershed District requested a baffle weir at
the pond outlet after the project was bid.
/
H. 18" Flared End Section - No bid item was included in the bid proposal. An 18"
flared end section was not required on this project until
after the Coon Creek Watenhed District chauged the
outfall piping from 21" to 18".
1. Hydrant Extension - No bid item was included in the bid proposal. The street grade
had to be raised to match the spur station driveways. The
watennain was installed the previous construction season.
J. Dike on Bus Lot - A temporary dike was installed at the east end of Kottke's
parking lot to prevent surface water runoff from washing out the
retaining wall. Erosion control was not yet established.
K. Remove and Reinstall Silt Fence - The silt fence was originally installed on the
right-of-way line. When the retaining wall was
built, the silt fence was xelocatcd to give the
contractor room to construct the ret:Uning wWl.
NDV-02-1995 14:54
TKffi
612 292 0083 P.04/10
Mr. Scott Erickson
November 2, 199.5
Page 3
3. Chonl!e Order No. 3 - $8.327.55
Part 1, 2 - The southeast comer of Kottke's parldng lot was required to be raised to divert
surface water runoff from the par;king lot to a storm sewer catch basin. TIlls
was required to protect the new retaining wall from being washed out.
Part 3 - A second temporary dike was built to protect the retaining wall, It was taken down
after a bituminous curb was paved along the east side of the parlcing lot.
Part 4 - A spillway near the mini storage was installed .to prevent future erosion problems.
The parking lot at Eddy's Auto Body was expanded to the west The contractor
was required to re-mobilize and prepare subgrade for bituminous paving.
Part 5 - Install casting over sewer cle;mout to Spur Gas Station per City' $ requeSt.
Part 6 - The existing sanitary sewer service cleanouts to the Gun Shop, Andover
Automotive, and Eddy's Auto Body were adjusted to below finished grade per
business owner request and City's authorization.
4. Chan~e Order No. 4 (Compensating) - $31.869.50
/ The following are items that went over the contract quantity:
1) 6" PVC SDR 35 - The service to Eddy's Auto Body was extended further than
originally anticipated due to the curvature in the roadway.
2) 8" DIP Class SO Wntermain - The watermain stub to the south, nlong Jay StJ:eet,
was extended one pipe length so that the furore connection to the watennain would
avoid an existing gas main.
3) 8" MJ Gate Valve - A gate valve was added near the intersection of Jay Street and
Bunker Lake Boulevard. It was added so that the contractor wouldn.t have to
pressure test against existing watermain and valve.
4) 18" Rep Class 3 Storm Sewer - 18" Rep Class 3 storm sewer was used in lieu of
21" RCP Class 3 per Coon Creek Watershed District's request.
5) Cla.~s 5 Al:1fCl!ate - 98 tons was placed on Kottke's driveway that was added to the
proje:ct aftct" the: job WM bid. The: overrun on the gravel was 1.3%.
6) B624 Concrete Curl) w..d Putter - The quantity take offwas 270 feet too low. No
additional curb was added to the project.
NDV-02-1995 14:55
TKffi
612 292 0083 P.05/10
Mr. Scott Erickson
November 2,1995
Page 4
7) Concrete Drivewl\v ApronS ~ Driveway aprons wen: added to the: project after it
was bid per business OW11eJ:S request and City of Andover authorization.
8) Bituminous Wear Course - This quantity went over for the following reasons:
a) The base and binder courses were under planned quantity.
b) Parking areas were added to the project.
c) The wear course thickness of Kottke's driveway to the bus parlcing lot was
changed from 1-112" to 2" due to bus traffic.
9) Trnffic SifPls . Signs were added and sizes were increased per City's request.
10) Sawcutting- E:J:istini Bituminous - Extra sawcunlng was required due to the extra
paving done in the parking areas.
11) Common Excavation - 578 CY was excavated for Kottke's added driveway givi!1g
us an actual COllUDon excavation quantity of 9,059.22 CY, which is under planned
quantity.
12) Retainin~ Wall- The: overrun is due: to the: following reasons:
1) The retaining wall added along Kottke's driveway.
2) One course of block was added along Kottke's bus parking lot.
13) TQpsoil Borrow - Extra topsoil was required to control excessive erosion problems
encountered during constmction of this project.
14) Soilr1inl! - Same as #13 - topsoil borrow.
15) 15" Juniper - Extra Junipers were added because the retaining wall was lengthened
(Kottke's driveway).
16) F&I Temporn\y 6' Chain Link Fe~ - 129 feet of fence had to be relocated to build
Kottke's driveway and retaining wall.
17) Remove/Salva~e 6" Chain Link Fence - The planned quantity was 107 feet less
than what needed to be taken down. This ovemm is less than ten percent,
18) F&l New 6' Chain Link: Fence - New chain link fence was added at Kottke's
driveway. The actual overrun was 8%.
19) Remove TempoTalY 6' Chain Link Fery.ce - Same as Item 16.
NDV-02-1995 14:55
TKffi
612 292 0083 P.06/10
Mr. Scott Erickson
November 2, 1995
Page 5
,I
The following is the final quantities and co~t3 for the driveway to Kottke's Bus CompllIlY that
was added to the project:
Item Unit
No Description Quantity Price Amount
1. Common Excavation 578.0 CY $2.00 $1,156,00
2. OallS ;; Aggregate 98.0 TN 6.55 641.90
3. ConCt"ete Apron 47.0 SY 22.00 1,034.00
4. Bituminous Base Course 37.0 'IN 21.30 7gg.l0
5. Bituminous Wear Course 37.0 TN 24.25 897.25
6. Retaining Wall 597.0 SF 9.50 5,671.50
7. Sodding 165.0 SY 1.40 231.00
8. Chain Link Fence 170.0 LF 8.70 1,479.00
~. TQpsoil Borrow 20.0 CY 7.00 140.QQ
Subtotal $12,038.75
Deductions from contract due .to adding driveway:
Item Unit
No Description QJlantiQr Price Amount
/ L Reraining Wall 390.0 SF $9.50 $3,705.00
2. Sodding 46.0 SY 1.40 64.40
3. Chain Link Fence 58.0 LF 8.70 504.60
4. T9psoil Borrow 60CY 7.OQ 42.00
Subtotal $4,316.16
Total Increase to Contract $7,722.75
I recommend approval of Certificate No.8 (Final) in the .amount of $40,197 ,06. If you have any
questions, please call.
Sincerely,
Richard M. Odland, P .E.
RMO/mha
Enclosures
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON November 7, 1995
DATE
AGENDA SECTION
NQ Cosent/Non-Discussion Item
ORIGINATING DEPARTMENT
Scot~ Eri7kson,~/
Eng~neenng o/L-
APPROVED
FOR AGENDA
ITEM
NQ
Approve Final Payment/93-30/
Bunker Lake Boulevard Service
Road phase 2
~l
--.3 0 .
The City Council is requested to approve the resolution accepting
work and directing final payment to Hydrocon, Inc., project 93-30,
Bunker Lake Boulevard Service Road for the improvement of sanitary
sewer, .watermain, street and storm sewer construction.
.
\
;'
\,
/
MOTION BY:
SECOND BY:
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO
HYDROCON, INC. FOR PROJECT NO. 93-30 FOR THE IMPROVEMENT
SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER
FOLLOWING AREA: BUNKER LAKE BOULEVARD SERVICE ROAD PHASE 2
OF
IN THE
WHEREAS, pursuant to a written contract signed with the
Andover on March 7 , 19 95, Hadrocon,
of North Branch, MN has satisfactorily complete the
construction in accordance with such contract.
City of
Inc.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota that the work completed under said contract is hereby
accepted and approved; and
BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby
directed to issue a proper order for the final payment on such
contract, taking the contractor's receipt in full.
MOTION seconded by Councilmember
and adopted by the
City Council at a
regular
meeting this
7th
day of
November
, 19 95 , with Councilmembers
voting in favor of the resolution,
and Councilmembers
voting against,
whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey - Mayor
Victoria Volk - City Clerk
OCT-30-1995 07:57
TKDA
612 292 0083 P.02/08
.
TKDA
TOl fl. (IHe, DLNAll. ANDEll$OH
AND ASSOCI"TE$. INCOI\l'ORAT1:0
ENOINIOIORS . ARCHITECTS. PLANNERS
1500 r<rcR JAl'l''''' T f\AlA
<<.l CEDAR t:TllEU
SAINT PAUl.'" &5101.2140
6121~2-4400 FAX: 4UI29Z.QOU
/
Comm. No. 10581
Cert. No. 8 (F1nal)
St. Paul, MN
October 27
, 1995
To
City of Andover, Minneso~a
Owner
This Certifies that Hydrocon. Inc. , Contractor
For Bunker Lake Boulevard Frontage Road Phase 2 (93-30)
Is enti~~g to Forty Thousand One Hundred Ninety-seven. and 06/100--------($40,197.06 I
being(Fina1) estimate for partial payment on contract with you dated March 7 . 19 ~
Received payment in full of above Certificate. TOLTI. KING. DUVALl.. ANDERSON ANO ASSOCIATES. INC.
ENGINEERS. ARCHITECTS. PlANNERS
~~a--~JJ
CONTRACTOR Richard M. Odland, P.E.
19
October 27
1~5
RECAPITULATION OF ACCOUNT
I CONTRACT
/ PLUS EXTRAS PAYMENTS CREDITS
Contract price plus extras 381,772 50
All previous payments 392,787 83
All previous credits
Extra No. Change Order No. 1 + 5,300 00
Extra No. l.;tJange ureer No. l. + 5 , 715 34
Extra No. Change Order No. j + 8,327 55
Extra No, Change Order No. 4 (Comp.) + 31.869 50
Extra No.
Credit No.
Credit No.
Credit No.
Credit No.
Credit No.
AMOUNT OF THIS CERTIFICATE 40 197 06
T otal$ 432,984 89 432,984 89
Credit Balance
There will remain unpaid on contract after payment of o 00
this Certificate
,
/
432.984 89 432.984 89
OCT-]0-1995 07:58
TKffi
612 292 0083 P.03/08
TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIAnlS, :INCORPORATED
Engineers-Architects-Planne~s . Saint Paul, Minnesota 55101
/
PZlUODlCAL I:S'rDGft rOk PAJlTIAL l'ADlDtTS
Coo.tractor
FINAL
No.-a Period Ending O~nhAr 21. 19~
Bunk..,.. To" 1I1v(1 rrontav", Rrt Ph 2
~dnvAr N~nneso~.
Ryn,.n(!nn Tn~.
Page 1 of 1 Comm. No. 10581
Original Contract ~unt
$ 381. 772 SO
Elltimate
project
LoC!st:.ion
Total Contract Work Completed
Total Approved Credit5
Total Approved Extra work Completed
Change Order No.1, 2, 3
$
$
413.642.00
$ 19.342 89
Approved ~~tra Ordere Amount Completed
$
19,342 89
I
Total Amount Earned This Estimate
$
432,gS4 A<l
Less Approved Credits
Less -2--. Retained
LO~. p~9viouB ~aymen~.
Total Deductions
$
$
$ 3g2,7111 93
$
3<l2 7l!1.83
Amount Due This Estimate
$
40. U"J OG
Contractor Xl
Date
Engineer
~~ (7~~
v
Riehard M. Odland, P.E.
Date
I(}IZ:I/q~
OCT-]0-1995 07:58
TKffi
612 292 0083 P.04/08
. ESTIMATE NO. '/.17
/
BUNKER LAKE !lOUt.l!:VA1\D FRONTAGll ROAll I'RASE; 2
CJ:rY PROJECT 93-30
CITY O!" ANDOVER, MINNESOTA
COMMI33l:0N NO. 1.0~e1
ITEM CONTRACT QUAKTI'n' UNIT >><<lUNT
NO Dl:SCRIPTJ:ON QUAN'l'ITY UNIT TO OATE PRICE TO DATE
.........
1 MOBILIZATION 1.00 LS 1.00 $11,000.00 $11,000.00
2 CONN 'I'O EXIS'I' SANITARY SBWER 1.00 !:A 1.00 $300.00 $300.00
3 8~ PVC SOR 35 55 0-10' 465.00 1,1' Ui9.00 $12.00 $5,62B.00
" CONS'l' STD 4' DU MANHOLS 10' 3.00 SA 3.00 $1,250.00 $3,750.00
5 6ft ON "" I've 31)1\ 35 WY!O SADOL!O 2.00 !:A- 2.00 ~150.00 $300.00
6 6" PVC SDR 35 SERVICE PIPE &2.00 1,1' 64.00 $10.00 $640.00
7 EXTEND EXIST 6" PVC SDR PIPE 80.00 1,1' 99.00 $30.00 $2,970.00
8 6w PVC SOR ~5 VIlRT c/o RISER 2.00 EA 2.00 $65.00 $130.00
9 TELBVISE SANITARY SEWER HAINS 4'5.00 %oJ' 469.00 $1.40 $656.60
$25,374.60
1 Co:rnECT TO EXISTING NATERMAIN 4.00 EA 4.00 5200.00 5800.00
2 6" DIP CLASS SO WATERMAIN 449.00 LF 435.00 $12.00 $5,220.00
3 eft DIP CLASS ~o wa~~IN 1065.00 Ll!' 10e3.00 $13.00 U4,079.00
4 12. DIP CLASS 50 WATERMAIN 1050.00 1,1' 1050.00 $20.00 $21,000.00
5 6" MJ l\tS SEAT GATE VALVE 16.00 EA 16.00 $350.00 $5,600.00
6 "" MJ US BEAT GATE VALVE 3.00 1m 4.00 $450.00 $1,800.00
/ 7 12. NJ US SZJl.T BIM1 3.00 IUI. 3.00 $725.00 $2,175.00
8 6" MJ HUB HYDRANT 3.00 1m 3.00 $1,250.00 $3,750.00
9 MJ OIP FIT'I:INGS 2325.00 LB 2195.00 $2.00 $4,390.00
10 nELO~m E~IS~I~O HYDRANT 1.00 LS 1.00 $750.00 ~750.00
-
$59,564.00
1 CONN TO EXISTING STORM SEWER 4.00 EA 4.00 $250.00 $1,000.00
2 12ft RCP CLASS 5 STORM SEWER 212.00 LF 190.00 $16.00 $3,040.00
3 15ft RCP CLASS ~ STORM SilWER 528.00 LF 526.00 S17.00 $8,942.00
4 lB" RCi' CLASS :'I STORM SXWE~ 240.00 LI' 57g.00 $1\1.00 $10, B97 .00
5 21" RCi' CLASS 3 STORM SEWEll. 324.00 Ll!' 0.00 $21.00 $0.00
6 24" RCt' CLASS 3 S'rQRM SEWER 90.00 1,1' 86.00 $23.00 $1,978.00
7 27" RCi' CLASS 3 STOM{ SEWEl't 97.00 Ll' 95.00 $29.00 $2,755.00
e 30" RCI' CLASS 3 STORM SEWER 185.00 LF 185.00 $34.00 $6,290.00
9 36ft Rei' CLASS 3 STOm SEWER 124.00 LF 98.00 $48.00 $4,704.00
10 12" RC r~ED END ~l:CTION 1.00 EA 1.00 ~500.00 $500.00
11 21" nc FLARED END SECTION 1.00 EA 0.00 $&50.00 $0.00
12 36ft RC FLARED END SI!:CTION 1.00 EA 1.00 $1,250.00 $1,250.00
1.3 CONS': CONE np!O CATCH 5ASIN 6.00 EA 6.00 $900.00 $5,400.00
14 CONST STO 4' oIA CB-MH 6.00 1:11. 6.00 $1,100.00 $', GOO. 00
15 CONST S'IO 4' DIA STORM SEW MH 2.00 1m 2.00 $925.00 $1,850.00
16 CONST 7' DIA S'IO~ SEW MH 1.00 EA 1.00 $3,700.00 $3,700.00
17 CABLE CONCRETE 256.00 SI' 256.00 $8.00 $2,049.00
18 SILT FENCE 50.00 LT 54.00 $4.00 $216.00
---
$151,1150.00
1 SUllGRADE 1'IUl:PARATION 21.75 as 21.75 S110.00 $2,392.50
/
OCT-]0-1995 07:59
TKffi
612 292 0083 P.05/08
2 AGGMGAT]!; !lMl!O CI.A$S , 4:l3~.OO TN 469:;.62 $ti.55 '30,756.31
/ 3 s624 CONCRETE CURB _ GUT~ER 3458.00 LI' 3730.00 $6.35 $23,685.50
4 CONCRETE DRIVEWAY APRON 7. 347.00 BY 715.00 $22.00 $15,730.00
5 'CONCRETE SPILLWAY 2.00 liA 0.00 $525.00 $0.00
6 BIT BASE COURSE ~x 2:'131 T31 936.00 TN 952.21 ~21.30 $20,282.07
7 BIT BINDliR COU~E MIX 2331 '1'31 879.00 TN 747.65 $21.30 $15,924.94
8 BIT WEAR COURSIi MIX 2331 '1'41 698.00 TN 1051.62 $24.25 $25,501.78
9 CRS-l BIT MATERIAL !'OR TACK 719.00 GA 365.00 $1.25 $456.25
10 RAISE MANHOLE E"OR W!:AR COURS!: 5.00 Ell. 6.00 $100.00 $600.00
11 I' A V!:MZONT MAl'JC[lIIGS 1.00 LS 1.00 $1,550.00 $1,550.00
12 TRAFFIC SIGNS 64.00 SI' 151.00 $20.00 $4,530.00
13 E!ROVIDE 'l'RAFnC CONTROL 1.00 l.S 1.00 $1,200.00 $1,200.00
t142,609.J6
1 REM/CISE! EXIST BIT SORFACJ:NG 4000.00 SY 3604.00 $1.00 $3,604.00
2 sAwcvrrrNG EXIST BITUMcrNOUS 370.00 L!' 861.00 U.:lO 42,1'2.'0
3 REM/DISP EXIST CONC C , G 20.00 1.1' 10.00 $5.00 S50.00
.. COMMON EXCAVATION 9130.00 cy 10544.72 $2.00 $21,089.44
5 ~XC5SS l!OXCAV HATE~rAL8 2300.00 Cy 133:<:.00 S3.00 $3,996.00
6 CONC MASONRY RETAINING WALL 2709.00 SF 3537.00 $51.50 $33,601.50
7 SILT FENCE 4125.00 1.E" 4092.00 $2.00 $8,184.00
8 AGGREGATE PLACED/P.EMOVliD DRIV!O 93.00 CY 0.00 $12.00 *0.00
9 STRAW SALE DIKES 4.00 SA 5.00 $200.00 41,000.00
10 TOPSOl!. BORROW (LV) 1360.00 Cy 2182.00 $7.00 $15.274.00
11 SODDING 6040.00 SY 8559.00 $1.40 $11,982.60
12 S~EDXNG C~LETB 6.00 AC 3.30 noo.OO U,640.00
13 BALV /TRAHSl'LANT SHRUSS 1.00 LS 1.. 00 $3.500.00 63,500.00
14 SlU\EODED SAllK MULCH 18.00 CY 10.00 $21.00 $210.00
15 LANDSCAPE !'~~IC 110.00 Sy 119.00 $2.:50 $297.50
16 15" JUNIPER 125.00 ItA 132.00 $32.00 $4,224.00
17 r'I TEMP 6' CHAIN LINK FENCE 1025.00 1.F 1154.00 $1. 80 $2,077.20
18 REM/SALV EXIST 6' CHAIN LINK 1150.00 LF 1257.00 $1.40 $1,759.80
19 ~'I NXW ~, CRAIN LINK rENCE 265.00 U' 400.00 $9.70 $3,480.00
20 INST SALV 6' CHAIN t.INK rENCE 1035.00 Lr 1035.00 $4.50 $4,657.50
21 28' OOUBLB SWING GATE 1.00 LS 0.00 $800.00 $0.00
22 MH TI!lMP 6' CI1AIN LINR F2NCI!I 1025.00 U 1154.00 ~1.00 $1,1:54.00
$124,934.04
-6.....
$413,642.00
CHANGE ORDER NO. 1 (SEE ATTACHED) $5,300.00
CHANGE ORDER NO. 2 (SEE ATTACHED) $5,715.34
CH1\NGE 01U:l!:R NO. 3 (SJil!l AT'l'ACHUl) $8,327.:5.5
-
TOTAL COST $432,984.89
OCT-]0-1995 07:59
TKffi
612 292 0083
P.ffi/08
CHANGE ORDER
I
TOLTZ. KING, DUVALL, AND~~OM
AND ASSOCIATES, INCORPORA'l:ED
Engineers-Architects-Planners
Saint paQl, MN october 27.
19~ Comm. NO. 10581
Change O~der No. -!
'to
I{ydrocon. In<:!
for
~unke~ Lake Bou1evarrt ~"'ontaae Road - ~h~~e 2
fo::
Ci~y of Andover. M;nn~~otA
You are hereb~ 4irected to make the (ollowlnq change to YOQr contract ~ated
March 7. 1995 19~. The changs and the work affe~.d thereby
is subject to all contract stipulation5 and covenants. This Change Orde~ wil~
(inCreaSe) (decr~Bse) (not change) the contract sum by Thirty One ~~ou8and
-- P.;gh~ "uadrod SiX+~ Nine And - - - - 55/100 Do~lor8 ($ '1,n~q ~O ).
COMP~NSATING CHANGE ORDER
This change Order shows the actuaL quantities installed at the unit price bid
mnounts (see attached it~zation):
GRAND TOTAL - CHANGE ORDER NO. 4
$31,8G9.50
I
Amount of Origi~ol Contract $
Additions approved to date (Nos. :2 ~ $
Deductions approved to date (Nos. $
Contract amount to date $
Amount of this Change Order (Add) (11///1) (/////1/1111) ~
Revised Contract ~unt $
381..772.!lO
, Q ~42 Sq
0.00
401,115 39
+31 969.50
4~2.g84.89
Date
TOLTZ, K~NG, DUVALL, ANO~~SON
AND AS3OC:~ES, INCO;;~
~y ~?h, II
Richard M. Odland, P.Z.
Approved CITY OF ANDOVER, MR
Owner
By
By X
Con~ra01:0r
whi.te - Owner"
rink - Contr~cto~.
Blue - TlIDA
Approved HYDROCON. INC
Date
OCT-]0-1995 07:59
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 7, 1995
DATE
Non-Discussion Item
Scot~ Eri~kson,J/
Englneenng rp <.
APPROVED
FOR AGENDA
AGENDA
I\Q
SECTION
ORIGINATING DEPARTMENT
ITEM
I\Q Approve Professional Services For
Well #4 Pump Test/Required for
Wellhead Protection Plan/94-33
v
~~/.
The City Council is requested to approve a professional service
contract with Northern Environmental to assist City staff in a pump
test of the acquifer for Municipal Well #4. The pump test is being
required as a part of the wellhead protection plan which is currently
being developed for the City by Northern Environmental.
,
The scope of services which were originally contracted for did not
include their assistance with a pump test, as this was not a defined
requirement for the wellhead protection plan at that time. City staff
will be performing the actual pump test with technical assistance from
Northern Environmental in setting up and recovering the data from the
specialized data logging equipment required for this test.
Professional services would be to not exceed $828.50 and would be from
the Water Trunk Fund.
J
"
/
MOTION BY:
SECOND BY:
October 27, 1995
(P2220.REV)
372 West County Road 0
New Brighton, MN 55112
Fax 1-612-635-0643
1-612-635-9100
1-800-776-7169
. Northern Environmental"
HydrologislS . Engineers. Geologisls
Mr. Scott Erickson
City Engineer
City of Andover
1685 Crosstown Boulevard Northwest
Andover, Minnesota 55304-2699
'I!'">-.-. ~"\._
k'-."" -. .<'."''''Y'''J''-\
'--.~ ~; ...t-.... i~ "~-,{ l::,D
r, "T 3 r :J
i~ IJ. , d 1995 ~
C I . vr- hJ'. JOVER
RE: Well No, 4 Pump-Test Revised Proposal
Dear Mr. Erickson:
Northern Environmental Technologies Incorporated (Northern Environmental) is pleased to present
this proposal to complete a pumping test at Andover Well NO.4 on November 2 and November 3,
1995, The proposal includes site reconnaissance, execution of the pumping and recovery test, and
compilation of collected data, It does not include data analysis or report generation.
The test will be conducted according to Minnesota Department of Health (MDH) guidelineso and the
results of the test will be forwarded to the MDH after the test is completed. As we discussed, I will
draft a list of work tasks and fax them to you by Monday, October 30th. The list will include the
timing of various essential activities during the test, and designate a responsible party for each task.
/ Since the date of the test has been moved forward one week to November 2, 1995, it is important
that you sign and return the enclosed Professional Services Agreement as soon as possible.
If you have any questions about the test set-up or proposal, give me a call.
Sincerely,
Northern Environmental
Technologies, Incorporated
C)11it./ a - Ct~1iL1Y-
Sheryl t Corrigan
Senior Hydrogeolo.gist
~ r ) I
( ! I
~~'tJti~L-
Douglas J. BergJtrom, C.P.G.
Director, Minnesota Operations
Attachments
SAC/slm
Milwaukee
.
51. Paul
Green Bay
372 West County Road 0
New Brighton, MN 55112
Fax 1-612-635-0643
1-612-635-9100
WELL NO.4 PUMP-TEST TASKS AND ESTIMATED COST BREAKDOWN 1-800-776-7169
! Northern Environmental"
Hydrologists' Engineers. Geologists
/
TASK 1 RECON:
a. Locate school wello take initial water level readings
b. Obtain school well log, check well construction
c. Program loggers for test
5 hours
@
52.00/hour =
Subtotal
TASK 2 PUMP-TEST:
a. Set-up transducers at pumping and obwell
b. Take initial static water levels at both sites
c. Set-up loggers
2 hours @ 52.00/hour =
Subtotal
TASK 3 RECOVERY TEST:
a. Re-program loggers
2 hours @ 52.00/hour =
Subtotal
TASK 4 STOP TEST:
a. Remove equipment, secure obwell site
b. Recover data from loggers
4 hours
52.00/hour =
@
Subtotal
EQUIPMENT:
a. Water level indicator
1 day
@
=
40.00/day
b. Truck
1.5 days
75.00/day
=
@
Subtotal
TOTAL
Milwaukee
SI. Paul
Green Bay
.
.
$260.00
$260.00
$104.00
$104.00
$104.00
$104.00
$208.00
$208.00
$40.00
$112.50
$360.50
$828.50
PROFESSIONAL SERVICE AGREEMENT
THIS AGREEMENT is made this 27th day of October 1995, by and between NORTHERN ENVIRONMENTAL TECHNOLOGIES,
INCORPORATED, a Wisconsin Corporation with its principal place of business located at 1214 West Venture Court, Mequon, Wisconsin,
53092 (hereinafter "Northern Environmental") and Mr. Scott Erickson, Cily Engineer, Cily of Andovero 1685 Crosstown Boulevard
Northwest Andover, Minnesota 55304-2699 (hereinafter 'Client").
1. Services. Northern Environmental agrees to provide the services described in the Proposal dated October 27, 1995, a copy of which is aUached hereto
and incorporated herein by reference and such additional Proposals as may be subsequently attached to this Agreement. The performance of the
contract by both parties shall be subjected to the terms set forth in this Agreement.
2. Waste Materials. The parties agree that in absence of specific written agreement to the contrary, O'NIlership of and legal responsibility and liability for
'NaSte material shall at al times remain w;th Oient. Waste material shall include all samples and materials obtained from the work site. Client will take
possession of and be responsible for the proper disposal of all waste material.
Prior to the start or services, or at the earliest time such inrormation is learned, it shall be the duty or Client to advise Northern Environmental of any
known or suspected hazardous materials and any known environmental or other conditions which exist on or near any premises upon which vvork is
to be performed by Northern Environmental, employees or subcontractors or which in any other way may be pertinent to Northern Environmentars
proposed services.
3. ComDensatlon. Northern Environmental shall be paid for work performed under this Agreement as fol1Q1NS:
a. Services shall be provided on a time and materials or lump sum basis as set forth in the proposal(s). Rates shall be subject to adjustment upon lhirty
days written notice to Client from Northern Environmental unless written objection is delivered by client to Northern Environmental prior to the
effective date d the adjustment. r Client objects and parties do not agree on rales, either party shall be allowed to cancellhe agreement with Client's
liability limited thereafter to Northern Environmenlars cost of terminating operations and costs incurred on Clienrs behalf prior to cancellation.
Northern Environmental further reserves the right to pass on to Client any increases in material costs incurred during the term of this agreement.
b. Client agrees to make payment at the office of Northern Environmental within thirty (30) days after the date of Northern Environmental's invoice.
k1 the event Northern ErMronmental has not received payment within thirty (30) days after the date of invoice, Client agrees to pay interest on unpaid
balance at the rate of 1.5% per month commencing upon the expiration of such thirty (30) day period, until paid.
c. Oient agrees to pay all costs incurred by Northern Environmental in enforcing the terms of this agreement, including, but not limited to, reasonable,
actual attorneys fees.
4. Umitatlons of Uabilitv. crlenl: agrees to limit Northern ErMronmentafs rl8bility to Client and all parties claiming through the Client or otherwise claiming
reliance on Northern Environmentafs seMces, allegedly arising from commissions or omissions, to a sum not to exceed Northern Environmental's fees
forthe services performed on the project, prov;ded that such claims are not attributable to Northern Environmental's negligence or intentional misconduct
and prov;ded Northern ErMronmental has insurance in place as described in paragraph 5. In no event shall Northern Environmental or any other party
to this agreement including parties which may claim to have a direct or indirect reliance on Northern Environmental's services, be liable to the other
parties for incidental, indirect, or consequential damages arising from any cause unless caused by or resulting from Northern Environmental's extreme
or outrageous negligent conduct or willful misconduct.
5. Insurance and Northern Envlronmentallndemnltv. Northern Environmental represents that it maintains general liability and property damage
coverage considered adequate and comparable with coverage maintained by other similar firms, and that Northern Environmental employees are
covered by1MXkrnen's compensation insurance. Northern Environmental shall not be responsible for any loss, damage, or liability beyond the insurance
limits and conditions. Northern Environmental agrees to indemnify the Client from and hold Client harmless from any and all loss, damages, suits,
penalties, costs, liabilities and expenses (including but not limited to, reasonable attorney's fees) arising out of any claim for loss of or damage to
property, including Clienrs property and injuries to or death of persons, including Client's employees or agents, caused by or resutting from Northern
Environmental's extreme or outrageous negligence or willful misconduct.
6. Client Indemnitv. Client hereby agrees to indemnify and hold Northern Environmental harmless from any and all loss, damages, suits, penalties, costs,
liabilities, and expenses (including, but not limited to, reasonable attorney's fees) arising out of any claim for loss of or damage to property, including
Northern ErMronmentars property, and injuries to or death of persons, including Northern Environmental's employees or agents, caused by or resulting
from Client's negligence, willful misconduct or other breach of this Agreement.
7. Unanticloated Hazardous Materials. The discoYery c:l unanticipated hazardous materials, or suspected hazardous materials, may require that special
and immediate measures be exercised to protect the health and safety of Northern Environmental site personnel and/or the public. Northern
ErMronmentaJ may, at its option and on the basis of its judgement and opinion, exercise such precautions to complete the project, or terminate further
work on the project. In either case, Client will be notified as soon as practically possible, and the Client agrees to bear all reasonable and equitable
cost adjustments, if any, associated with such measures taken.
8. Sfte Access. aient win provide for the right-<lf-access to the work s~e. In lhe event the work s~e is not owned by Client, Client represents to Northern
Environmental that all necessary permissions for Northern Environmental to enter the work site and conduct the work had been obtained. While
Northern Environmental shall exercise reasonable care to minimize damage to the property, Client understands that some damage may occur during
the noonal course of work, that Northern Environmental has not included in its fee the cost of restoration of damage, and that Client will pay for such
restoration c:I damage, and that Client will pay for such restoration costs except in those cases where it is demonstrated that Northern Environmental
has failed to exercise reasonable care to minimize damage.
9. Compliance wtth Law. In the performance of all services to be provided under this Agreement, Northern Environmental and Client agree to comply
mh all applicable federal, state, and local laws and ordinances, and allla'Nful orders, rules and regulations of any constituted authority. In the event
the VoIOrksite is not Q\t\If1ed by Client, Client agrees 10:
a. Require the 0Nnef' and cx;:cupant clthe M>rksite to disclose any information pertinent to the site which would impact on the services to be performed
by Northern Emnronmental, the health and safety of Northern Environmental employees and agents and the public; and any improvements, facilities
or conditions located underground or within structures on the premises that might be adversely affected by the actions of Northern Environmental
in rendering its services hereunder.
b. Deliver any information described in subparagraph a.to Northern Environmental as promptly as possible.
J
c. Assume artf liabililyto Northern Environmental from which Client has contracted to release the owner and/or occupant of the worksite as a condition
of any offer to purchase, site access agreement or other contract, unless specifically waived herein by Northern Environmental.
d. Oe{rver'Mitten permissions prior to the commencement of work by Northern Environmental from any owner and/or occupant of the subject worksite
for Northern Environmenlalto enter the worksite and conduct the work required by this contract. In the event Client fails to deliver such permission,
aient agrees to indemnify and hold Northern Environmental harmless with respect to claims of any such parties from whom such written permission
has not been obtained by Client.
e. While Northern Environmental agrees to exercise reasonable care to minimize damage to the property, Client understands and has advised the
owner that some damage may occur during the normal course of work. Client further represents that:
1. The contract between Client and the owner of the property releases Northern Environmental as agent of Client, from damages caused to the
property during the normal course of work: or
2. Client will indemnify and hold Northem Environmental harmless from any and all liability for such costs to the owner of the property.
10. Disclosure.
a. aient and Northern El'N'ironmental shall retain as confidential all information and data deUvered to it by the other, which (i) relates to technologies,
formulae, procedures, processes, methods, trade secrets, ideas, improvements, computer programs and similar information; (ii) are designated in
writing as confidential at the time of delivery; or (iii) relate to this agreement, any work order and any information or data gathered or developed
thereunder (collectably the 'Confidentiallnformationj. Confidential Information shall not be disclosed to any third party until required by law or
regulation.
b. HoNeYer, nothing herein .. meant to preclude either party from disclosing and/or otherwise using Confidential Information (i) when the Confidential
Information .. actually IcnoYm to the receiving party or derived from the transmitting party; or (ii) while Confidential Information is generally available
to the public without the receiving party's fauh at any time before or after it is acquired from the transmitting party; (iii) where the Confidential
tnformation is obtained or acquired in good faith at any time by the receiving party from a third party who has the same in good faith and who is not
under arrt obI"igaIion to the transmitting party in respect thereof; or (IV) where a written release is obtained by the receiving party from the transmitting
party.
c. Provided however, Confidential Information may be released (i) if disclosure is required by governmental statue, ordinance or regulation; (iQ for
compliance with professional standards of conduct for public safety, heahh and Vlfelfare concerns; and (iii) for the protection of Northern
Environmental against claims or liabilities arising from performance of its services. Northern !:nvironmental agrees to use its best efforts to notify
Client before any confidential information is released except if there is imminent danger to public safety, heahh and welfare concerns.
11. Standard of Care. Northern Environmental will perform the services under this agreement in accordance with generally accepted practice, in a manner
oonsistent with the level of care and slOlI ordinarily exercised by members of this profession under similar circumstances. No other warranties implied
or expressed, in fact or by lar.v, are made or intended in this agreement. The Client recognizes that soil and ground water conditions can vary between
sampling points and 'Nith time, and that the interpretation of data, and opinions and recommendations made by Northern Environmental are based solely
on obtained data. Such limitations can resutt in changes In conclusions and interpretations where nevV' or different information is obtained. In this regard,
Northern Environmental makes no representations or guarantees that the points selected for sampling are in any way representative of the entire site.
12. Technical Methodoloav and Protocol. The field of environmental engineering, and associated technologies, guidelines, regulations, and practices
are in a constant mode of change and deYeklpment. Variations and inconsistencies exist amongst the guidelines, regulations, and standards of various
governmental agencies and other recognized authorities; this necessitates that judgement be applied in the selection of methods and procedures
implemented in the performance of work in this field. Northern Environmental will select generalty accepted methods and procedures it considers
appropriate to accomplish the intended and understood purpose of its services within the scope of this agreement, and the Client signifies concurrence
with these methods and procedures by acceptance of this agreement. In the event other methods or procedures are preferred by the Client or
considered more appropriate, a written description or designation of these must be provided prior to execution of this agreement.
Northern Environmental will utilize the services of a subcontracted analytical laboratory for related testing, and possibly other types of subcontractor
services, as necessary to comp&ete the project. Northern Environmental will strive to select a subcontractor which is generally accepted and recognized
in their respective industry, but shall assume no responsibility for claims or losses arising from the negligence or errors and omissions of the selected
entity. The Client may specify a laboratory or other subcontractor of Clienrs choice to Northern Environmental at any time prior to performance of worlc,
subject to acceptance of any increased costs which may resuUs from such selection.
13. Independent Contractor. Northem Environmentars relationship with Client under this Agreement shall be that of independent contractor. Northem
Environmental is to exercise its QIM1 cflscretion on the method and manner of performing its duties, and the Client will not exercise control over Northern
Environmental or its employees or agents. Nothing in this Agreement shall be construed to designate Northern Environmental or any of its employees,
as employees, agents, joint venturers or partners of Client.
14. Relationship with other Contractors. The Client may, on its own initiative or on the recommendation of Northern Environmental or others, contract
'Nith other parties for seMc:es related to the project with respect to which Northern Environmental was retained. Northern Environmental may coordinate
the services of such other parties or otherwise worlc with them on the project. Howevero ~ is expressly agreed by the parties hereto that all other
contractOfS are contracting with the Client, not Northern Environmental, and that no relationship of prime contractor and subcontractor shall be formed
between Northern Environmental and any other of said contractors unless explicitly so stated herein. Client agrees that Northern Environmental is not
responsible for any payment to any such other parties unless explicitly so stated herein.
15. Record Keeplna. Northern Environmental and Client shall keep adequate books, records, and other documentation consistent with applicable
regulatory requirements and in accordance with generally accepted accounting principals, pertaining to the performance of the services required by
this Agreement.
16. Force Maleure. Except for the obligation to pay for services rendered, neither party under this Agreement shall be liable for its failure to perform
hereunder, in whole or in part, due to contingencies beyond its reasonable control, including but not limited to, strikes, riots, war, fire, acts of God,
injunction, or compliance with any law, regulation or order of any governmental body or any Instrumentally thereof, whether now existing or hereafter
created.
17. Savlnas Clause. tf one of more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in
ant respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement; this Agreement shall be construed as
if such invalid, illegal or unenforceable provision had never been contained herein.
j
18. ~. All notices given with respect to this contract shall be in writing to the parties at their respective addresses as shown in this Agreement. If
either party shoukl change its address as shoM1 in this Agreement, it shall notify the other party of such change within fifteen (15) days 0( such change.
19. Term. Either party may terminate this Agreement effective at any time by giving written notice if (i) such action is taken pursuant to any governmental
law, on:finance, order, rule, regulation or action (ij) the other party becomes insolvent, makes an assignment for the benefd of creditors, or a bankruptcy
petition is filed by or against~. E~her party may terminate this Agreement at any lime without cost or penally during the term hereof W the other party
fools to property perform its obligations as provided in this Agreement and such failure shall continue for more than ten (10) days after either party has
notified the other thereof in writing. However, no termination of this Agreement shall have any affect upon Northern Environmentars right to receive
payment under this Agreement for services rendered prior to the effective date of such termination. The provisions 0( paragraph 3 shall survive the
termination of this Agreement without regard to the reason for termination of this Agreement without regard to the reason for termination. Such
termination shall not aher or affect the continuing rights and obligations created by those paragraphs.
20. Governlna Law. This Agreement shall be governed by the laws of the State of Minnesota, and any litigation arising out of this Agreement shall be
venued in Hennepin or Ramsey County, Minnesota.
21. Amendment a"" Waiver. This Agreement may be amended from time to lime only by an instrument In writing signed by the parties to this Agreement
at the time of such amendment. No provisions of this Agreement can be waived except by a written instrument signed by the party waiving such
pnMsion, nor shaJl failure to object to any breach of a provision of this Agreement waive the right to object to a subsequent breach of the same or any
other provision.
22. Entire Aareement. This Agreement constitutes the entire integrated agreement between the parties hereto, and cancels and supersedes all prior
negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof.
The following is required by Minn. Slat. Section 514.011:
THIS NOTICE IS TO ADVISE YOU OF YOUR RIGHTS UNDER MINNESOTA LAW IN
CONNECTION WITH THE IMPROVEMENT TO YOUR PROPERTY.
ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS
IMPROVEMENT MAY FILE A LIEN AGAINST THE PROPERTY IF THAT PERSON OR
COMPANY IS NOT PAID FOR THE CONTRIBUTIONS.
UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED
LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS
AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM
FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE
GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR
MATERIALS FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.
NORTHERN ENVIRONMENTAL TECHNOLOGIES, INCORPORATED
'ch7/Q)"
Date
Date
Mr. Scott Erickson, City Engineer
City of Andover
CITY OF ANDOVER
REQUEST FOR COUNCIL AcrION
November 7, 1995
DATE
AGENDA
r-.o.
SECTION
ORIGINATING DEPARTMENT APPROVED
b FOR AGENDA
Scott ~rick~on~'t..,
Englneerlng
Non-Discussion Item
ITEM
r-.o.
Approve Change Order #3/Jonathan
Woods (94-10)/Foxberry Farms
{94-8)/SuperAmerica Addition
Watermain (94-5)
BY:
3:1.
The City Council is requested to approve Change Order #3 in the
amount of $3,154.13 for Jonathan Woods (project 94-10), Foxberry
Farms (project 94-8) and SuperAmerica Addition Watermain (project
94-5).'
\
)
The description of the change order is included on the attached
change order form. The additional work was required due to
changes which occurred after the project was let (construction of
SuperAmerica) and cold weather construction for placement of
concrete curb and gutter for the Foxberry Farms development.
These changes were not anticipated during the project design
phase.
, )
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 # 3 TO PROJECT NO. 94-10
(JONATHAN WOODS), 94-8 (FOXBERRY FARMS) AND 94-5 (SUPERAMERICA
ADDITION WATERMAIN)
WHEREAS, the City of Andover has a contract for project No.
94-10 (Jonathan Woods), 94-8 (Foxberr Farms) and 94-5 (Su erAmerICa
A d1t10n Waterma1n) , with S.R. We1 ema, Inc. of
Brooklyn Center, MN
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover
to hereby approve the change order to Project No. 94-10, 94-8 and
94-5.
MOTION seconded by Councilmember
and adopted by the
City Council at a
regular
meeting this
7th
day
/
of
November
, 19 95 , with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was
passed.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey - Mayor
Victoria Volk - City Clerk
;
CHANGE ORDER
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
Engineers-Architects-Planners
Saint Paul, MN October 27.
10675/10673/
19~ Comm. No. 10639 Change Order No. ~
for
S.R. Weidema. Inc.
Jonathan Woods (94-10), Foxberry Farms (94-8)
Suoerarnerica Addition Watermain 194-5)
To
for
City of Andover. Minnesota
You are hereby directed to make the following change to your contract dated
October 18. , 19~. The change and the work affected thereby
is subject to all contract stipulations and covenants. This Change Order will
(increase) (~etie~~e) (n~/t>>~n~e) the contract sum by Three Thousand
One Hundred Fiftv Four and - - - - 13/100 Dollars ($ 3.154.13
This change order provides for the following extra work:
SuperAmeriea
1. Place topsoil and sodding at the SuperArnerica Station. The
Contractor working for SuperArnerica sodded the site before the
watermain along Hanson was installed. S. R. Weidema, Inc., had to
sod the disturbed areas after the watermain was installed.
Topsoil
Sodding
33.0 CY @ $8.00
931.0 SY @ $2.00
$264.00
$1. 862.00
Subtotal
$2,126.00
Foxberry Farms
2. The following extra costs were due to pouring curb in cold weather
(11/25/94) .
Heating Charge
Plastic Covering
107.0 CY @ $4.89
1122.0 LF @ $0.45
$523.23
$504.90
Subtotal
$1,028.13
Grand Total Change Order No. 3
$3,154.13
,
/
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
November 7~ 1995
DATE
AGENDA
1\0.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Non-Discussion Item
Scott ~rick~on,~
En<;u.neen.ng <yv
ITEM
1\0.
Approve Change Order #7/Hills
of Bunker Lake 5th Addn/93-12
BY:
0.3.
The Citv Council is requested to approve Chanqe Order #7 in the
amount of $15.397.12 for Hills of Bunker Lake-5th Addition~
Project 93-12.
A description of the chanqes are outlined on the attached change
order form.
The changes included are a result of the following:
Item #1 - Street sweeping was not included in the original
contract. This will be included in future contracts.
\
)
Item #2 - Concrete curb and gutter was damaged~ cracked and
broken throuqhout the development. This curb was removed and
replaced as fhe City does not accept damaged improvements.
Item #3 - Due to the possible changes to the wetland laws and at
the request of the property owner, water and sewer services were
stubbed to this property. The possible changes to the wetland
laws could not be anticipated during the design of this project.
" )
MOTION BY:
SECOND BY:
J
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
TO PROJECT NO. 93-12
A RESOLUTION APPROVING CHANGE ORDER * 7
HILLS OF BUNKER LAKE 5TH ADDITION .
WHEREAS, the City of Andover has a contract for Project No.
93-12, Hills of Bunker Lake 5th Addition, with C.W. Houle, I~
of Shoreview, MN
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover
to hereby approve the change order to Project No. 93-12
MOTION seconded by Councilmember
and adopted by the
City Council at a
regular
meeting this
7th
day
of
November
, 19 95 ,with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was
passed.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey - Mayor
Victoria Volk - City Clerk
/
NOV-01-1995 13:20
;~
~~
TKDA
612 292 0083
P.01/01
CHAN.G.I!; ORDF.~
~OLTZ, KING, DUVALL, ANDERSON
AND ASSOCtATES, INCORPORATED
EngineerO-Arch1tects-Planners
Saint Paul, MN Ocrober 26.
19-9.5. COll1nL No. 10483 ~ Change Order NO. -1R....
To
c.w. HOllIe. Tnf"a
f:or
Hill~ of Bunker Lak.. 5th Addition (93-12)
for
Cit.y of Andover. Minne~ota
You are hereby direoted to mAke the following change to YOur oontract dated
June 7 , 19~. The change and the work affected thereby
is 5ubject to all contract st1pulations and covenants. This Change Order will
(increase) (decrea5e) (not change) the contract sum by rOurteen Thou~and
Nine Hunrlred Fifty-Light and - - - - -,. - 10/~ Dollars ($14 958 10 ._)_
This change order provide~ for the following extra wor~:
L
The Contraotor
wear course.
builders.
was required to sweep the 5treets prior to paving the final
The Sand in the streets came from erosion and hOuSe
Street Sweeper
Overhead/Profit (15')
5.6 Hrs @ .$65.00
.$364.00
$54 60
Subtotal
.$418.60
2. RemOve and replace conCrete curb d~aged fr~ house building construction
per City's request.
Concrete Curb
Bituminous Patch Crew
Bituminous aase Cours@
501 LY @ $12.00 ~
6.5 Hrs Q .$225.00
3.0 Tn @ $22.00 ~
.$6,012.00
.$1,462.50
$66 00
Subtotal
.$7,540.50
7671
Fax #
Post-it" Fax Note
To $c.tlt+-
Co.lDBpl
Date
PIlOllB /I
Fi1X#
5'~~z,J
TOTAL P.01
NOV-01-1995 13:10
TKDA
612 292 0083 P.01/01
3. Xhe toU.ow;ing iterM provide" for the added san:i..t;u-y and wa;l:ermain ~e:lI:V':j,ce
to Parcel N~e~ 36-32-24-22-03 on 140tb ~ne N.W. (~tern.te Did to Kil~...
of Dunkel:: Lake $th Adclil!.ion) .
.lmlololnt of Original Contract
Add~tiona appro~ed to date (~os. 1.2.g.4.&
Deductions approved to date INOS.
Contract all\ou.nt t.o cl.ate
~ount o~ this Change Order (~dd)
a~i8ed Contr~et Amo~t
/
Ttle items and costs vere as fol1.owa:
Mobilization
~emcTe ~nd b.i~po"e of Existing
CuZ"b and Gutte".
R~o~e and Dispose oe ~"t~g
lIitmll1nOU3 :t'a."ement
1" Co:poZ"3tion Stop
1- ~ype ~ Copper ~p 5e~ce
1ft C~~b Stop w./c~b Box
Install 4" PVC (SDR26)
ineide drop in ~9ting
manhol.e
4" PVC (SDR. 26) Sanitaxy
Sewer Pipe
4" pVC (SDR2GI Vertical
Service C1eanout
SUrmcunbable Con~ete CU%b
end GuttQ):
Salvage and aeplace Cla38 5
B~t~u" aase CO~3e ~ure
Type 31
Subtot.al
Qrand ~otal - Change Order No. 1
llpproveCl CI'1'Y Ql ANDO~!h M:!r
By
Approved c.W. HOULE ~~~
13~ ~ cv JJ~
c~",..cto:c
/./. J"i'S
,
Date
:1._0 t.S e $1,&00.00 '" $1,600.00
23.0 LF @ $6.00 - $138.00
67.0 S.'r. Q $4.00 .. .!i268.00
1.0 Ell. A ~70.00 - $70.00
45.0 ~ , ;~8.00 - $810.00
1..0 i:A. B $200. 00 ~ $200.00
1.0 IoS El U,500.00 lC $1,500.00
38.0 r.F @ ~21.00 .. $198.00
1.0 U@ $100.00 .. ~100.00
25.0 U'@ $21.00 .. $525.00
7.5 c.y:. 9 $12.00 .. li90.0Q
&_0 Tn.!JI I $~50.00 . UPO.OO
$6,9:J9.00
$14,958.10
$ 1. 0~9. 727 70
1 $ 103.13S.g4
) $
$ 1.2'4~.45. 34
$ 14 gSB 10
$ ~.258.422."
Owner
'XOJ.'I:Z, lUNG, fI~, 1l.Nl)l';RSON
Net) ASsocans, mCORPOMn:D
By ~r#-;ih. O~~
1l.ichard M. Odl..:m.d, P. S.
D...tl!!
White - Q1mer'"
p~ - Co~t~aC~Qe.
Sl-loll!: - 'na:lA
Post~I" Fax Note 7671 .
To
CoJDepL
Co.
Phone #
Phone l#
Fax # I >>~9c; t ~
Fax #
t-D) 1iI1 '9S 10: e3
612 292 0083
TOTAL P.l?)3
PFi:iE.03
TOTAL P.01
CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON
November 7, 1995
DATE
AGENDA
t-.O.
SECTION
ORIGINATING DEPARTMENT
Non-Discussion Item
scot~ Eri~kson, ..~ l
Eng~neer~ng <}'
APPROVED
FOR AGENDA
ITEM
t-.O.
Approve Quotes/Preliminary Soil
Borings - City Hall/94-30
Rf()it
..]1.
The City Council is requested to approve hiring GME Consultants, Inc.
to proyide preliminary soil borings for the City Hall site plan
preparation. The soil borings will be used to help determine soil
stability and groundwater elevations for the site elevations.
Quotations were received from two materials testing firms as follows:
,
\
/
GME Consultants, Inc.
Braun Intertec
$1,220.00
$1,800.00
GME has successfully performed work for the City in the past.
The quotations are available in the Engineering Department for review.
; \
)
MOTION BY:
SECOND BY:
,
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 7, 1995
DATE
AGENDA SECTION ORIGINATING DEPARTMENT
t-n Approval of Claims Finance
ITEM ,~~'"
t-n Schedule of Bills Jean D. McGann
Finance Director
APPROVED
FOR AGENDA
BY:
REQUEST
The Andover City Council is requested to approve total Claims
in the amount of $ 903,809.93.
BACKGROUND
Claims totaling $ 17,756.39 on disbursement edit list ~1
dated 10/24/95 have been issued and released.
Claims totaling $ 90,791.93 on disbursement edit list ~2
dated 10/31/95 have been issued and released.
Claims totaling $ 795,261.61 on disbursement edit list ~3
dated 11/07/95 will be issed and released upon Council approval.
AUTHORIZATION
The schedules of bills payable as described above were reviewed
and approved for payment.
Date: 11/07/95
Approved By:
MOTION BY:
SECOND BY:
DATE:
November 7, 1995
ITEMS GIVEN TO THE CITY COUNCIL
Planning and Zoning Commission Minutes - October 10, 1995
Special City Council Minutes - October 11, 1995
Park and Recreation Commission Minutes - October 11, 1995
City Council Minutes - October 17, 1995
Special Closed City Council Minutes - October 17, 1995
Planning and Zoning Commission Minutes - October 24, 1995
Special City Council Minutes - October 25, 1995
Letter from Lois Goody, Northwest Suburban Kinship - 10/19/95
October 1995 Building Dept. Report - November 1, 1995
Ordinance No. 10 Index
Ordinance No 190
preliminary Plat/Nightingale Ridge
Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT
AGENDA.
THANK YOU.
\
t~~
,~
Northwest Suburban Kinship, Inc. Cf; \~ 1-90
1323 Coon Rapids Boulevard . Coon Rapids, MN 55433
Lois Doody · Executive Director
Office: 780-6499 (Switchboard: 755-53(0)
"
MR. DAVID L.CARLBERG, PLANNING DIRECTOR.
CITY OF ANDOVER
1685 CROSSTOWN BLVD.NW
ANDOVER, MINNESOTA 55304
OCTOBER 19, 1995
DEAR MR. CARLBERG,
THANK YOU FOR ALL THE WORK YOU DO WITH THE CDBG PROGRAM. ESPECIALLY,
THE PORTION THAT PERTAINS TO THE HUMAN SERVICE AREA. ALSO PLEASE THANK THE
CITY OF ANDOVER COUNCIL MEMBERS FOR SUPPORTING THE SERVICES OF KINSHIP
THAT ARE OFFeRED TO THE RESIDENTS OF THE CITY OF ANDOVER.
R E C r:-, \ I""D
L:. if c:.
OCT 207995
CITy Or-
r ANDOVER
HAVE A GOOD DAY !
IN KINSH IP,
{ _1.
-:0-..... ',--""~
fJ ..._
:\ 1
, J .A...
:'1 '..;..",-r--" f
I ",' i
!
LOIS DOODY,
EXECUTIVE DIRECTOR.
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVERo MINNESOTA 55304 . (612) 755-5100
MEMORANDUM
TO: Mayor and City Council
COPIES TO: ci tv Departments
FROM: David Almgren
DATE: Nnv",mh",,.. 1. lqq'i
REFERENCE: OCTOBER 1995 Buildinq Department Report
I hereby submit the following report of the Building Department for
the Month of October 1995:
BUILDING PERMITS
25 Residential (22 Sewer/3 Septic)
1 Additions
12 Garages
3 Remodeling/Finishing
2 Commercial Building
1 Pole Building/Barn
1 Shed
4 Chimney/Stove/Fireplace
3 Structural Changes
6 Porches/Decks
1 Other
5 ReRoof
APPROXIMATE VALUATION
$ 2,561,000.00
2,000.00
82,600.00
66,300.00
805,289.00
28,400.00
2,400.00
8,822.00
2,300.00
14,568.00
16,700.00
9,850.00
3,600,229.00
FEES COLLECTED
17,704.28
15.00
1,375.00
135.00
575.00
6,376.01
105.00
183.00
420.00
260.00
1,150.00
108.00
125.00
120.00
15.00
345.00
195.50
29,206.79
PERMITS
64 Building Permits
1 Footing
41 Heating Permits
4 Heating Repair
23 Hook Up (Sewer)
42 Plumbing Permits
6 Plumbing Repair
61 Pumping
12 Septic Permits
8 Septic Repair
23 Water Meter
27 Certificates of Occupancy
5 Contractor's License
24 License Verification Fee
3 Health Authority Form
23 Sewer Administration Fee
23 SAC Retainage Fee
OCTOBER 1995 Report
November 1, 1995
Page Two
Total Number of Houses YTD (1995) - 268
Total Number of Houses YTD (1994) - 345
Total Valuation
Total Valuation,
October 1995~-$ 3,600,229.00
YTD 1995 ~-$56,277,555.00
Total, BUiid,irig Department Income--october' ,1995-- 29,206: 79
'Total,Building Department':tncome~-YTD ,1995':'-495,613.28
.,., .,1
.:.1
tJ4~~'
Da:vi,d ,Almgren, Buu;;t9 Official,
DA/jp
'-../_" :,"
TKDA
TOLTZ. KING. DUVALL. ANDERSON
AND ASSOCIATES. INCORPORATED
ENGINEERS' ARCHITECTS' PLANNERS
1500 PIPER JAFFRAY PLAZA
_ CEDAR STREET
SAINT PAUL. MINNESOTA 55101-2140
PHONE:ll121202-4400 FAX:ll121202-OOB3
October 26, 1995
n~..,.~,~",._ "
.I'"C:_~tL.:L.,,;t 'I ~ ~~
- .-"...... l.-.?"
Mr. Richard Fursman, City Administrator
1685 Crosstown Boulevard NW
Andover, Minnesota 55304
OCT 27 1995
CITY u~. .-'"\'\JLJUVER
Re: Scott Foyt d/b/a Old is Gold Construction
Versus City of Andover
Court File No. CO-93-l4461
Dear Mr. Fursman:
This letter is in response to your letter of October 24, 1995 as it relates to the District Court
"Order Denying Motions for New Trial and Judgment Notwithstanding the Verdict and Granting
Motion for Pre-Judgment Interest" dated September 20,1995.
As I have stated on several occasions during this entire process of dealing with Mr. Foyt (Old is
Gold) and Mr. Windschid (Ashford Development) as well as the City of Andover officials, I am
not an attorney. We have relied on the City Attorney to review the legal aspects of this case/s.
TKDA has, in good faith, offered to participate in the cost of developing Mr. Windschitl's
property in both cash and services on two separate occasions. TIlls was done in an attempt to
resolve the pending legal actions and allow the construction to proceed. The unwillingness of the
other parties to participate in or accept these offers caused the negotiations to fail. Had these
negotiations been accepted, the costs to all parties would have been less than resulted from the
court order.
In reviewing Judge Muehlberg's memorandum and order he specifically pointed out the fact that
while the letter sent by TKDA was a factor, so too was the resolution passed by the City Council
making the award prior to having resolved the developers agreement (P.6 and P.? of the
memorandum).
TKDA has provided services to the residents of Andover (Grow Township) through elected and
appointed officials for over 20 years. Andover is a valued client and we do not now want to
damage or alter that relationship. We have made every effort to provide a level of service
commensurate with what Andover wanted it to be -- not what TKDA wanted it to be. As
persOlUlel changes were made we altered the level of service to accommodate the change. It is a
dynamic environment and we are all on the cutting edge of change.
While we obviously played a role in the Old is Gold claim for damages, we did not act alone.
Decisions of the City Council. direction by legal counsel and City staff also affected the
conditions leading to the legal outcome.
Richard Fursman
October 26, 1995
Page 2
We want to do what is right and fair. We obviously all want to get these matters settled and
behind us. To do that we are asking that TKDA' s share of the court ordered judgment not be the
entire cost for damages ($36,624.23) plus interest ($2,922.92) amounting to a total of
$39,547.15. We would request that consideration be more in line with the judgment issued by
the Honorable Steven L. Muehlberg wherein TKDA's responsibility seems to be in the range of
50 percent.
On this basis, and without prejudice, TKDA is willing to contribute $20,000 towards the
settlement of this claim.
We are available to discuss this offer as you or the City Council may desire.
Sincerely,
\ .- -#------- -
.1.." ~ -----..-
. 1.'-1 L-1.~ f4--
/~
..--
.-
DTP!JLD/mha
Enclosure
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Page No.
1
1
1
1
5
5
5
6
6
8
8
8
8
9
10
CITY OF ANDOVER
SUBDIVIDING AND PLATTING ORDINANCE NO. 10
INDEX
Short Ti tle
Interpretation and Scope
Platting Authority
Defini tions
Enforcement and penalty
Sketch Plan
preliminary Plat
7.01 Conveyance by Metes & Bounds
7.02 Procedure
7.03 Preliminary Plat Schedule
Required Preliminary Plat Data
8.01 Identification & Description
8.02 Existing Conditions
8.03 Design Features
8.04 Additional Information to be Furnished
Subdivision Design Standards
9.01 General Requirements
9.02 Street Plan
9.03 Streets
9.04 Easements
9.05 Blocks
9.06 Lots
9.07 Parks, Playgrounds, Open Space
and Public Uses
Construction of Improvements
10.01 General Conditions
10.02 Performance Contract
10.03 Financial Security
10.04 Construction Plans
10.05 Inspection
10.06 Prior Improvements
10.07 As Built Plans
10.08 Street Improvement Standards
10.09 Drainage Facilities
10.10 Subsurface Conditions
10.11 Water & Sanitary Sewer Systems
10.12 Sidewalks & Pedestrian Ways
10.13 Public Utilities
10.14 Non-Conformance
11
11
11
12
14
14
15
17
20
20
20
20
21
21
21
21
21
23
23
23
23
23
23
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Final plat
11.01 Procedure
11.02 Council Action
11.03 Recording
11.04 Required Final plat Data
23
24
24
25
25
26
Registered Land Surveys
Easements
26
Restrictions of Filing and Recording
Conveyances
14.01 Restrictions on Filing & Recording
14.02 Hardship
14.03 Penalty
26
26
27
27
27
27
28
28
28
28
28
28
28
28
Plats Previously Approved
Permits
16.01 Improvements
16.02 Access
16.03 Limitations
Variances
17.01 Hardship
17.02 Procedure
17.03 Council Action
Violation and Penalty
Repeal
Effective Date
28
29
Amended thru lOX (6-6-95)