HomeMy WebLinkAboutCC November 21, 1995
CITY of ANDOVER
Regular City Couneil Heeting - November 21. 1995
Call to Order - 7:00 pm
Resident Forum
Agenda Approval _
Consent Agenda
Approval of Minutes
Proelamation/Home Care Week
Diseussion Items
1. Adopt 7 Year Cyele Sealeoat Program
2., WOE Contraet
3~-Liveable Communities. Act
4. Externalities Discussion
5. Review 1996 ~~neral Fund Budget
EDA Meet.in~
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6. Purchase of Andover Auto Parts
7. Expand EDA
'Staff. -Committees,.--Commissions..-
8. Purchase Motor Grader
,9.-,1996 License -Renewals-
Non-Discussion/Consent Items
10. 1995 BUdget Revisions
11. Final Payment/95-13/Park Trails
, .12 .---Appr~ve-Ouotes/93--7-,lCe i 1 i ng-.+ i 1 es
Mayor/Council Input
Payment of Claims
-Ad-iournment
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
November 21, 1995
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
f'.O. FOR AGENDA
Approval of Minutes
ITEM City Clerk
f'.O. ~~
Approval of Minutes Volk b.~'
v.
The City Council is requested to approve the following minutes:
November 7, 1995 Regular Meeting (Jacobson absent)
November 7, 1995 Special Closed Meeting (Jacobson
absent)
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MOTION BY: SECOND BY:
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Proclamation
WHEREAS, Andover citizens of all ages and economic levels
are concerned about high-quality, affordable, long-term health
care. Home care provides a wide range of these needed health and
supportive services to the ill, elderly, disabled and infirm in
their own homes. The concept of home care is the oldest and most
enduring tradition of health service delivery in the United
States of America; and
WHEREAS, surveys show that most people prefer to receive
medical care and related supportive services in their own homes.
There is also a significant and growing body of evidence that
home care services stimulate quicker and fuller recoveries and
improvements than comparable services within institutions; and
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WHEREAS, home care allows our disabled and chronically ill
citizens of all ages to remain with their loved ones in
surroundings that are familiar and comfortable. In so doing,
home care helps preserve one of the country's most important
social values, keeping families together; and
WHEREAS, as our citizens require more in-home care, Andover
home care agencies are meeting that challenge. Home care
agencies are providing services ranging from assistance with
personal care to high-tech intravenous drug therapies; and
WHEREAS, with rapidly rising health care costs, home care
offers a practical means of providing health care and related
services to those who desperately need them. By offering these
services in the home, we can treat our elderly, disabled, and
chronically ill population comfortably, cost-effectively, and
with high-quality individualized health care and supportive
services.
NOW, THEREFORE, I, J. E. McKelvey, Mayor of the City of
Andover, do hereby proclaim November 1995 as Home Care Month and
affix the Seal of the City of Andover,
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JJ );;cj{~
.E. MCKelv~y - Ma r
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
November 21, 1995
AGENDA
f\Q
SECTION
Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
f\Q
Scott.Eric~son, ,.l~
Engmeenng '!'{.,..
Adopt 7 Year Cycle Sea\coat
Program
BYOi
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The City Council is requested to adopt a 7 Year Cycle Sealcoat Program for the City of
Andover.
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On numerous occasions the City Council has indicated a desire to establish a more
aggressive street maintenance program for the City. One part of this program would be to
adopt the 7 Year Cycle Sea\coat Program, The program would be established such that
the City would be divided into 7 equal districts, Each year one district would be
seaIcoated, so by the end of the 7th year ail of the bituminous streets in the City of
Andover would have been seal coated once. The 8th year would then start the cycle over
agam.
This item will be discussed with the Road Committee prior to the Council meeting and
their recommendation will be presented at that time.
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MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
DATE November 21, 1995
AGENDA SECTION
t\O. Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
t\O. WDE Contract
Dick Fursman,
Administration
BY:
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KAf'K'.;U'1I11
The City Council is requested to consider modification of the Access Agreement between
the City and the WDE Site responsible party, The State of Minnesota shall assume
responsibility for the long term cleanup and maintenance of the WDE landfill, As a result
of the transfer of responsibility the State, through the Commissioner of the Minnesota
Pollution Control Agency, needs to obtain the access formerly granted to the WDE Group
through the Access Agreement between the City and the Group dated February 5,1993,
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The Council at the November 7, 1995 meeting took issue with the new condition that the
building code be modified to reflect the implementation of institutional controls referred to
in the original agreement signed in 1993. The institutional controls agreed to by the City
are expressed in Section 2, Paragraph 5 as "A requirement that any building constructed
within 500 feet (line F, Figure A) of the limit of refuse (line D, Figure A) excluding any
land lying north of Coon Creek, be constructed so as to protect occupants from infiltration
ofland landfill gas."
CITY REACTION 1993
In 1993, the Building Official under the direction of the City Administrator, took several
steps to insure the health and safety offuture occupants of homes in potentially harmful
areas surrounding the landfill, While the institutional controls were put into practice,
nothing was every officially adopted by the City Council.
CONFIRMATION
The WDE Group and the State of Minnesota seek reassurance from the City that the
necessary precautions to protect occupants from infiltration oflandfill gas are guaranteed
into the future, As requested, the City put forth an ordinance which specifies the safety
requirements necessary to build in close proximity to the landfill. Upon assurances that
the City will fulfill its obligations as described in Section 2, Paragraph 5, the WDE Group
will fulfill its obligation as described in Section 3, Paragraph C, which obligates the WDE
Group to pay $164,000 for area and connection charges,
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MOTION BY:
SECOND BY:
CITY RESPONSIBILITY
Under the provisions of the agreement in Section 4, Paragraph J, the City agrees to
cooperate with the Group in the fulfillment of the provisions of the agreement. Section J
states "The parties agree to cooperate with one another and their representatives to
effectuate the purposes of this agreement."
CONSEOUENCES
It was suggested at the Council meeting that one of the possible actions available to the
City would be to tenninate access to the sewer system if the WDE Group refused to pay
the $164,000 for area and connection charges, This course of action could lead to grave
health and welfare risks to the citizens of Andover, especially those who live near the
landfill site, If the City were to prevent the proper management of the landfill site, a
number of health consequences including expanded groundwater contamination would
likely occur.
RECOMMENDATIONS
City staff (especially the Building Department) has been performing the tasks outlined in
the draft ordinance since the original agreement was signed in 1993, The Building Official
has detennined that these controls are appropriate and ifmade some part of the City code
would not constitute any hardship or change in policy. It is staff recommendation that the
WDE Access Agreement be modified as to the enclosed language and further, that the
City modifY its ordinances to reflect the health and safety considerations of those building
near the landfill.
The following enclosures are submitted with this recommendation in the following order:
* Delineation map illustrating the limits of control area,
* Draft ordinance for building controls,
* Original Access Agreement
* Letter of modification for Access Agreement between the City of Andover, WDE PRP
Group and the State of Minnesota.
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NDV-14-1995 11:03
MN. peA GWSW
P.02/02
City of Andover
Building Code Ordimmce
DRAFT
November 9, 1995
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1.. No enclosed structure shall be allowed to be built within 200 feet of the limit of
refuse disposal at the WDE Qualified Facility ao; depicted as Linc F in the Attached
Exhibit A (Exhibit A is a drawing of the WDE Facility), except for a1\v property north
of Coon Creek.
For any enclosed structure to be erected within 200 feet to 500 feet of the limit of
refuse disposal a.t the u"'UE Qualified Facility as depicted in Exhibit A, excludinl!
north of Coon Creek, the property owner shall. prior to construction of the structure,
install a soil gas monitoring probe located between the structure and the limit of
refnse disposal at the WDE Qualified Facility. The soil gas monitoring probe shall be
of a design approved by the Commissioner of the Minnesota Pollution Control
Agency ("the Commissioner"), and shall be installed in a location approved by the
Commissioner. The soil gas monitoring probe shall be installed by a water well
contractor licensed in the State of Minnesota. Installation of a soH gas monitoring
probe pursuant to tbis Paragraph shall not be required if the Commissioner, in his sole
discretion, determines that an existing soil gas monitoring pJObe located in between
the proposed enclosed structure and tht: limit of refuse: disposal at the WDE Qualified
facility provides adequate monitoring. The property owner and his/her/itsltheir
successor(s) and assign(s) shall grant the Commissioner and his designates access to
the property in order to conduct sampling of the soil gas monitoring probe until such
time as the Commissioner determines further monitoring is unnecessary. Within 30
days of the Commissioner's determination that the soil gas monitoring probe is no
longer required, the property owner at the time the detennination is made shall have
the soil gas monitoring probe abandoned in accordance with Minnesota Department
of HeaIth water well abandonment requirements, including having a licensed water
well contractor perform the abandonment using grout tremied from the bottom up and
cutting the monitoring probe riser below the ground surface.
2. For all enclosed structures to be: erected within 200 feet to 500 feet of the limit of
refuse: disposal at the WDE Qualified Facility, excllldin~ north of Coon Creek, the
property o...-vner shall, immedia.tely upon completing construction of the enclosed
structure, install in the basement or the lowest level of the enclosed structure, a
minimum of one continuous explosive gas monitor equipped with an alarm set to
smmd at an explosive gas concentration of20 percent of the lower explosive limit
(LEL) for methane. The property owner shall be responsible for the cost of installing
and for maintaining said monitor.
TOTAL P.02
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CITY OF ANDOVER ACCESS AGREEMENT
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This Access Agreement is made and entered into this ~
day of February, 1993, by and between the City of Andover, State
of Minnesota ("Grantor") and the companies which comprise the WDE
PRP Group ("Grantee")
(A current list of the WDE PRP Group
members is attached as Exhibit 1.)
A. Grantor is the owner of property located in Anoka
County, Minnesota and marked more specifically in yellow on
Figure A (hereinafter "Property") which is attached hereto and
made a part of this Agreement.
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B.
Grantee includes parties
who were issued and
parties who agreed to comply with an Administrative Order
("Order") pursuant to S 106 of CERCLA by the United States
Environmental Protection Agency ("U.S. EPA"), to perform certain
remedial actions with respect to the WDE Site referenced as line
B on Figure A. A copy of the Order is attached as Exhibit 2.
C. Grantor wishes to provide Grantee, U.s. EPA, the
Minnesota Pollution Control Agency ("MPCA") and their authorized
representatives the use of and access, ingress and egress on and
over the
Property
for
purposes of
and other
performing remedial
remedial activities
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construction,
maintenance
("Remedial Action") on the Property.
NOW, THEREFORE, in consideration of the foregoing and
other good and valuable consideration, Grantor, for itself, its
heirs, successors and assigns agrees with Grantee as follows:
1. GRANT OF ACCESS
A. Grantor hereby grants to Grantee, its agents,
consultants, employees and contractors, and to U.S. EPA and MPCA,
their agents, employees and contractors, the non-exclusive right
to use and to construct or otherwise improve such means of
ingress, egress and access to and about the Property,
B. Grantee shall have the right to enter the Property
and take any action which is necessary to implement the Order as
defined and described in Exhibit 2, or any other action necessary
or appropriate to study or remediate the environmental conditions
in, on, under and around the WDE Site. Grantee shall use
reasonable efforts to limit its interference with Grantor's use
CITY OF ANDOVER ACCESS AGREEMENT
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of the Property or access to the Property to the extent
practicable.
C. Grantor agrees that it will not interfere with any
remediation facilities or operations occurring at the 1iDE Site or
interfere with any other operation or activities of Grantee
pursuant to its rights under this Agreement.
D. The parties recognize the implementation of the
Order, as set forth in Exhibit 2, is within the sole and absolute
control of Grantee, U.S. EPA and MPCA. Notwithstanding the
foregoing, nothing in this Agreement is intended to limit the
right of Grantor to provide comment on any documents submitted by
Grantee to U.S. EPA and MPCA pursuant to the requirements of the
Order.
E. Grantee agrees to provide Grantor with a copy of
all submissions made to U.S. EPA and MPCA required by the Order
including, but not limited to, work plans, design documents,
monitoring data, schedules and reports.
F. Grantee agrees that it will not use the Property
for any purpose not necessary or appropriate for the performance
of the Order as defined and described in Exhibit 2 or any
necessary or appropriate remediation.
CITY OF ANDOVER ACCESS AGREEMENT
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G. Grantee may regrade the Property as necessary to
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implement the requirements of the Order 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 work area as
necessary for regrading. It is not intended by the Parties to
allow borrowing of fill dirt on the Property. Grantee agrees to
provide Grantor with notice of any proposed regrading within the
Property.
H. With respect to Crosstown and Hanson Boulevards,
Grantee's right to regrade will be limited to regrading necessary
for the following purposes:
(1) To implement Alternative 3 in the February 6,
1992 report prepared by Conestoga-Rovers &
Associates entitled "Hanson Boulevard Easement
Waste Definition Boreholes" attached hereto as
Exhibit 3 as included in the Remedial Design
Report, dated September 2, 1992 (Exhibit 4),
and as approved or modified by U.S, EPA,
Alternative 3 provides for the removal of all
wastes/waste material from the recovery zone
area, to allow placement of the facility fence
at the landfill cap limit and not within the
recovery zone;
CITY OF ANDOVER ACCESS AGREEMENT
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(2) To provide for temporary and permanent ingress
and egress as set forth in paragraph 1.A
above; and
(3) To construct sewer lines that tie into lines
in the Crosstown Boulevard andlor Bunker Lake
Boulevard right-of ways,
I. To the extent any permit is normally required for
work related to the site, Grantee agrees to fill out the normal
application to facilitate Grantor's recordkeeping. Grantee will
not be required to pay any fees for this work.
Grantor
recognizes that no permits are required for work carried out on
CERCLA sites but that Grantee must comply with the substantive
requirements of the local laws and regulations.
J. with respect to land owned by Grantor south of the
site as marked in yellow on Figure A, Grantor shall provide
access to Grantee to construct a sewer line from the Site to tie
into the line on Bunker Lake Boulevard.
K. Grantor agrees that no fees, charges or assessments
will be imposed on Grantee for access under this Agreement,
except as set forth in paragraph 3.C.
CITY OF ANDOVER ACCESS AGREEMENT
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L. Grantee agrees to close in accordance with
applicable law and regulations any wells or peizometers within
Grantor's property when such items are no longer deemed necessary
by Grantee.
2. INSTITUTIONAL CONTROLS
A. Grantor hereby agrees to implement and to assist
Grantee in implementing, to the extent possible, the following
institutional controls to ensure the integrity of the Remedial
Action:
(1) A prohibition on general public access and
development of that portion of the Site which
is within Grantor's Property except for the
unfenced portion of the Hanson Boulevard and
Crosstown Boulevard right-of-ways. Access to
public utilities will be allowed with prior
approval of U.S, EPA.
(2) A prohibition on the planting of trees or
shrubs which may potentially breach that
portion of the constructed cap which is within
the Property.
CITY OF ANDOVER ACCESS AGREEMENT
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(3) A prohibition on the extraction of groundwater
for any purpose, other than for the purpose of
implementing, monitoring and maintaining the
Remedial Action required by the Order, 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). This
prohibition shall not apply to the repair or
replacement of existing wells provided that
there is no material increase in the quantity
of groundwater extracted from the repaired or
replaced well as compared to the existing
well, and that the water used for drinking
water purposes from the repairedlreplaced well
complies with all applicable drinking water
standards. Any dewatering required for the
installation of a public utility or for the
repair, reconstruction, or expansion of public
roads or highways located within the area
covered by the prohibition shall be subject to
advance written approval by U.S. EPA and, if
approved, shall be excluded from this
prohibition.
CITY OF ANDOVER ACCESS AGREEMENT
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(4) A prohibition, without the prior written
approval of U.S. EPA, of the extraction of
groundwater for any purpose, other than for
the purpose of implementing, monitoring and
maintaining the Remedial Action required by
the Administrative Order, from the Lower Sand
Aquifer, within the area designated by line G
on Figure A. This prohibition shall not apply
to the repair or replacement of existing wells
provided that there is no material increase in
the quantity of groundwater extracted from the
repaired or replaced wells as compared to the
existing well, and that the water used for
drinking water purposes from the
repairedlreplaced well complies with all
applicable drinking water standards.
(5) A requirement that any building constructed
within 500 feet (line F, Figure A) of the
limit of refuse (line D, Figure A), excluding
any land lying north of Coon Creek, be
constructed so as to protect occupants from
infiltration of landfill gas.
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CITY OF ANDOVER ACCESS AGREEMENT
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(6) With respect to its Property, Grantor shall
execute and record deed restrictions
consisting of the land use restrictions and
conditions set forth in Items 2.A.(1) through
(5) above, with the Anoka County Recorder of
Deeds. These deed restrictions shall run with
the land and shall be binding upon any and all
persons who acquire title or any legal
interest in property within the Facility.
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(7) Grantor may effectuate Institutional Control
2.A.(5) above by modifying and enforcing the
City Building Code. Grantor shall require the
Building Department, or its successor, to
implement the restrictions in paragraphs
2.A.(3) and (4) above pertaining to extraction
of groundwater by advising prospective
builders of the restrictions at the time the
builders apply for issuance of a building
permit.
(8) The restrictions imposed by these
institutional controls shall not apply to, and
no advance approval from u.s. EPA shall be
required for use, maintenance, repair,
CITY OF ANDOVER ACCESS AGREEMENT
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reconstruction, or expansion of Hanson
Boulevard and Crosstown Boulevard except that:
1) with respect to Hanson Boulevard there
shall be no dewatering, installation of
underground utilities or other action in the
rights-of-way that requires subsurface
excavation or extraction of groundwater
without prior written approval from U.s. EPA;
and 2) the design for any reconstruction or
expansion of that portion of Hanson Boulevard
where waste has been or will be removed from
the right-of-way shall be subject to advance
review and approval in writing from U.s. EPA.
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(9) Duration of Institutional Controls. The
restrictions set forth in 2.A.(1)-(6) above
shall remain in full force and effect until
U.s. EPA determines (i) that the restrictions
are no longer required to prevent interference
with operation, maintenance and monitoring of
the Remedial Action, and (ii) that the
restriction is no longer necessary to protect
human health and the environment. Any person
CITY OF ANDOVER ACCESS AGREEMENT
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who owns or controls property subject to such
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institutional controls may request of U.S. EPA
a determination that such restrictions are no
longer required to prevent interference with
operation, maintenance and monitoring of the
Remedial Action pursuant to the Administrative
Order, or to protect human health and the
environment.
3. CONSTRUCTION MATTERS
A. Grantor will allow Grantee to tap promptly into the
Crosstown sewer line on a temporary basis for a minimum of two
years.
Thereafter Grantor may request, with 12 month prior
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notice, that the line be moved to Bunker Lake or discharged to
Coon Creek if the Crosstown Sewer Line does not have sufficient
capacity to handle discharges from other users of the line.
B. Grantor has approved and has submitted a proposed
amendment to the Comprehensive Plan for the Metropolitan Urban
Service Area (UMUSAU) which, if approved, will allow temporary
discharge into the Crosstown Boulevard sewer line and permanent
discharge into the Bunker Lake sewer line. Grantor understands
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CITY OF ANDOVER ACCESS AGREEMENT
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, that the line connecting the groundwater pump out system with the
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Bunker Lake sewer line may have to cross Grantor's Property north
of Bunker Lake
Boulevard.
Grantor
shall cooperate in
arrangements to accomplish the construction of this connection,
including site access, easements and timely processing of any
permits or applications that may be required, including granting
or requesting waiver of any permitting fees.
C. Grantee will pay area and connection charges of
$164,000. All fees which are charged by the Metropolitan Waste
Control Commission will be passed through to Grantee with no mark
up (estimated to be $1.39 per 1,000 gallons of flow as of
October, 1991).
D, Grantor has reviewed and approved the grading plan
for soil borrow on the 80 acre area of Wasteco property on the
south side of the WDE landfill, and will allow soil borrow on
that property according to the approved Soil Borrow Plan.
Grantor has processed and
approved the permit application
incorporating this soil Borrow Plan.
Grantor will permanently
zone this 80 acre property for nonresidential use.
E. Grantee shall ensure that the soil borrow will
comply with the approved Soil Borrow Plan.
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CITY OF ANDOVER ACCESS AGREEMENT
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F. Grantee agrees to screen the facility boundary near
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Crosstown Boulevard with up to a maximum of 40 pine trees
approximately four feet (4') tall. The location of the trees
will be agreed upon by Grantor and Grantee after the completion
of the cap construction. The fence will completely enclose the
facility including the retention pond. The location of the fence
will be as set forth in Figure A as mutually agreed upon by the
parties or as required by U.S. EPA.
G. Grantee agrees to coordinate with Grantor to ensure
proper traffic control in the area of the landfill during
construction of the remedial action, consistent with the
Minnesota Manual of Uniform Traffic Control Devices.
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H. Grantor shall not impose unreasonable conditions
for traffic control.
I. Grantee shall install a landfill gas venting system
and shall 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.
CITY OF ANDOVER ACCESS AGREEMENT
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J.
Grantor agrees to notify Grantee of any proposals
to change existing utility conduits on the west side of Hanson
Boulevard where it is adjacent to the Site. Grantor agrees not
to install or allow to be installed any open conduit on the west
side of Hanson Boulevard.
K. If no additional costs are required to do so,
Grantee agrees to have Grantor named as additional insureds on
any insurance policy held by Grantee's Project Coordinator and
its primary contractor in connection with the remedial work at
the WDE Site. If additional costs are involved, Grantee agrees
to inform Grantor of those costs and allow them to become
additional insureds upon Grantor's
payment of such costs.
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Grantee's Project Coordinator is currently carrying the following
types and amounts of insurance: professional liability insurance
in the amount of $1,000,000 issued by CAMAT, Policy No. 3969513-
4707 and commercial general liability insurance in the amount of
$1,000,000 and $4,000,000 excess insurance issued by Hartford
Insurance Company, policy No. 90 CM 0250428. In the event that a
claim is made by the Project Coordinator or Grantee and Grantor,
any insurance coverage for the claim will inure first to the
Project Coordinator, next to the Grantee and then to Grantor.
CITY OF ANDOVER ACCESS AGREEMENT
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L. Grantee agrees to prepare design plans consistent
with Alternative 3, described in paragraph 1.H.(1), Exhibit 3, to
minimize surface water runoff to the roads.
M. Any assessments charged for storm water management
will be assessed pursuant to Minn Statutes Chapter 429.
4. GENERAL PROVISIONS
A. Termination. This Agreement and all Amendments
hereto shall be construed as covenants running with the land.
This Agreement may be terminated upon mutual agreement of the
parties in which event the parties shall execute an appropriate
document evidencing the fact that this Agreement has terminated.
B, Indemnification. Grantee through its members
collectively agrees to defend, hold harmless and indemnify
Grantor from all claims resulting from the activities undertaken
pursuant to this Agreement which relate to the implementation of
the remedial action described in Exhibit 2.
C. No Admissions. The parties recognize that this
Agreement does not constitute an admission by Grantor, Grantee or
Grantee's members to any liability for any conditions at the WDE
Site.
CITY OF ANDOVER ACCESS AGREEMENT
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D. No Waiver; Entire Aqreement. The failure of Grantee
or Grantor to insist upon strict performance of any terms,
covenants and conditions of this Agreement, or to exercise any
right or remedy herein contained, shall not be construed as a
waiver or relinquishment for the future of such term, covenant,
condition, right or remedy. This Agreement and attached Exhibits
constitute the entire Agreement between Grantor and Grantee with
respect to access to Grantor's Property and all prior
negotiations and Agreements regarding access are merged herein.
E. Construction. It is mutually agreed that this
Agreement shall be construed and interpreted as if drafted by
each party and it is further acknowledged that this Agreement is
the product of negotiations between the parties, and shall not be
construed or interpreted against either party based on such party
having drafted this Agreement or any portion thereof.
F. Invalidity. A determination by a court of competent
jurisdiction that any provision of this Agreement is invalid for
any reason shall not affect the validity or enforceability of any
other provision.
G. Aqents, Employees and Grantees. The rights granted
to Grantee, its successors and assigns under this Agreement may
be exercised through their respective agents, employees and
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CITY OF ANDOVER ACCESS AGREEMENT
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\ contractors, and by the representatives of the u.s. EPA and MPCA,
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including their employees, agents and contractors.
H. Headinqs.
The headings of this Agreement are for
convenience only and shall not affect the meaning or construction
of the contents of this Agreement.
This Agreement shall be governed by
I. Choice of Law.
and construed in accordance with the laws of the State of
Minnesota without giving effect to any Minnesota conflict of law
principles that would result in the application of any other law.
J.
Contract, Exclusive Benefit.
The parties agree to
be contractually bound by the provisions of this Agreement. The
parties agree to
cooperate
with
one
another and their
representatives to effectuate the purposes of this Agreement.
However, nothing herein shall be deemed to create a partnership,
joint venture, or principal or agent relationship between or
among the parties. This Agreement is for the exclusive benefit
of the parties, their successors in interest or assigns and shall
not be deemed to give or imply any legal or equitable right,
interest, remedy or claim to any other entity to any other person
except for Site access as described in section 1 of this
Agreement.
CITY OF ANDOVER ACCESS AGREEMENT
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K.
Covenant Not To Sue.
Grantee covenants not to sue
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Grantor for the costs or implementation of the remedy as
described in Section IX of the Order, as modified pursuant to
section XXII of the Order, and the RAP, or for past costs
incurred by Grantee related to the site, or for future oversight
costs related to the aforesaid remedy, or for fines and penalties
as long as Grantor is in compliance with this Agreement. Grantee
reserves the right to sue Grantor for breach of this Agreement.
Grantor agrees not to sue Grantee and/or its members for the
costs or implementation of the remedy as described in Section IX
of the Order, as modified pursuant to Section XXII of the Order,
and the RAP, or for past costs incurred by Grantor related to the
Site, or for future oversight costs related to the aforesaid
remedy, or for fines and penalties as long as Grantee is in
compliance with this Agreement.
Grantor reserves the right to
sue Grantee for breach of this Agreement.
L.
Successors and Assiqns.
This Agreement shall be
binding on the successors and assigns of the parties.
M. Effective Date, Method of Execution. The Effective
Date of this Agreement shall be the date on which it is signed by
the authorized representative(s) of the last party to sign. In
the event that the Agreement is not signed by all of the parties,
CITY OF ANDOVER ACCESS AGREEMENT
-18-
this Agreement is null and void.
/
executed in multiple counterparts, each of which shall be deemed
This Agreement shall be
an original but all of which shall constitute one and the same
agreement.
IN WITNESS WHEREOF, this Agreement has been executed the
day and the year first above written.
Z/S;/c?5
I I
Subscribed and sworn
to before me this
~ day of .:;;;, t&.h_t;7
a.
Date:
, 1993
.'
Subscribed and sworn
to before me this
3- day of ;:-~ '
de f;r;h fP' ~-
No ary publ'c
1993
faU--
/ ~\ MARIE COBB
NO!::Iy p.~J!Jc, Wo"'" rOlln'" ,.' hi
u.. 'J'" -, 'J' "lie "O1l
. -J Q;~~i"joll E.!fir.:J 1>iar;;h 19, !~(j
CITY OF ANDOVER ACCESS AGREEMENT
CITY OF ANDOVER
By:
t). <;, k;c-~
or of City of
t/
WOE GROUP MEMBERS
By:
<<L.-
-19-
'\
J
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 115B.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.
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. ofthe 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").
r '\
/
(2)
The following paragraph is substituted for Paragraph C. ofthe Agreement:
I
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 1.A. 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 l.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 l.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 l.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 1.F of the Agreement:
, /
2
)
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.
, /
(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.(1) 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 out 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.
j
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:
/ \
J
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.
(15) The following paragraph is substituted for Paragraph 2.A.(9) ofthe Agreement:
Duration ofInstitutional Controls. The restrictions set forth in 2.A.(1)-(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:
\
)
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
,- ~,
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J.t c< ,..-
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t.! C,'? ~l
lV' 'I)
rlrYJ. 0; '..!' ;Jr'7 (..,~"\
City surrenders and waives all rights and claims to any paymen!- / Under n~ f1o-~'" ~t .
circumstance shall the Commissioner assume the Group's obligations to pay the (..I,,> t.
City the $164,000 payment set forth in this Paragraph 3.C. ;) f
,_ J
(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 ofthis 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:
/ ",
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.
'.
)
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.
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. ofthe 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. ofthe 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 EP A 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
that as of the effective date of this letter, unless otherwise indicated in this Letter Agreement, the
Group shall cease to be a party to the Agreement, and the Group's rights and duties under the
Agreement shall terminate.
Effective 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. Coughlin, Esq.
Common Counsel for the WDE PRP Group
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 ofthe Commissioner
AG:I048I vI
8
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 21, 1995
DATE
AGENDA
NJ.
SECTION
Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
NJ.
Dick Fursman,
Administration
Livable Communities Act
BY:
..3.
BACKGROUND
At the November 7, 1995 City Council meeting, the Council decided to bring no motion
to the floor regarding the Livable Communities Act. Councilmember Dehn and Mayor
McKelvey have requested that the item be reconsidered for the November 21, 1995
meeting,
, /
METROPOLITAN LIVABLE COMMUNITIES ACT
The Act was enacted in June 1995. It is the legislature's attempt to address various issues
facing the seven county metropolitan area. The act establishes a Metropolitan Livable
Communities Fund which consists of three accounts. The Tax Base Revitalization
Account, the Livable Communities Demonstration Account and the Local Housing
Incentive Account. The metropolitan municipalities are not required to participate in the
programs under the act, but the act provides incentives and funding to those municipalities
who participate. The program was developed to encourage affordable and lifestyle
housing development throughout the metropolitan area so that it does not remain confined
to pockets of small low income areas,
"LIFECYCLE HOUSING"
Lifecyc1e housing refers to housing available for people at all stages of their lives, offering
a choice and variety of housing types and costs to accommodate peoples changing needs
and preferences as their incomes and circumstances change,
"ALHOA"
The Affordable and Lifecyc1e Housing Opportunities Amount is an amount established by
formula that a participating City must spend to create affordable and lifecyc1e housing or
to maintain existing housing. The amount can be derived from a levy or from funds from
another source,
\
I
The amount of ALHOA funds to be generated each year by the City of Andover are
presently approximately $16,000, If the City were to enact a Livable Communities Act,
this money stream would not come into effect until 1997.
MOTION BY:
SECOND BY:
CONSEOUENCES OF NOT JOINING
If Andover elects not to participate in the program the City will not be eligible to
participate in the Tax Base Revitalization Account and Livable Communities
Demonstration programs under the act. The Metropolitan Council is required by the act
to take into account Andover's participating in the Local Housing Incentive Account
program in making discretionary funding decisions. In addition, the City will not be
eligible to apply for funds under the Department of Trade and Economic Developments
Polluted Site Cleanup Program.
LIVABLE COMMUNITIES FUND
* The Tax Base Revitalization Account: Provides grants for polluted site cleanup,
* The Livable Communities Demonstration Account: Designed to fund a variety of
community developments products through loans or grants.
* The Local Housing Incentives Account: Provides grants to help cities work towards
affordable and lifestyle housing goals through a voluntary program,
MODlFICA TION OF RESOLUTION
Attached to the item is a redraft of the resolution of the Metropolitan Livable
Communities Act. Items which have been added are in bold capital letters.
EXAMPLES OF OTHER COMMUNITIES PARTICIPATING IN THE ACT
Brooklyn Center, Columbia Heights, Ramsey, Anoka, Brooklyn Park, Coon Rapids, Ham
Lake, New Hope, Robbinsdale, Blaine, Circle Pines, Crystal
DRAFT
HOUSING GOALS AGREEMENT
METROPOLITAN LIVABLE COMMUNITIES ACT
PRINCIPLES
The city of Andover supports:
1, A balanced housing supply, with housing available for people at all income levels,
2, The accommodation of all racial and ethnic groups in the purchase, sale, rental and
location of housing within the community,
3, A variety of housing types for people in all stages of the life-cycle.
4, A community of well-maintained housing and neighborhoods, including ownership and
rental housing,
5. Housing development that respects the natural environment of the community while
striving to accommodate the need for a variety of housing types and costs,
6, The availability of a full range of services and facilities for its residents, and the
improvement of access to and linkage between housing and employment.
GOALS
,
To carry out the above housing principles, the City of Andover agrees to use benchmark
indicators for communities of similar location and stage of development as affordable and life-
cycle housing goals for the period 1996 to 2010, and to make its best efforts, given market
conditions and resource availability, to remain within or make progress toward these benchmarks,
CITY INDEX
II BENCHMARK II
GOAL
Affordability
Ownership
72%
69-87%
Rental
26%
35-50%
Life-Cycle
Type (Non-single family
detached)
4%
33-35%
Density
Single-Family Detached
I,O/acre
1,9-2,3/acre
MulIifamily
O/acre
10-13/acre
To achieve the above goals, the City of Andover elects to participate in the Metropolitan Livable
Communities Act Local Housing Incentives Program, and will prepare and submit a plan to the
Metropolitan Council by June 30, 1996, indicating the actions it will take to carry out the above
goals,
CERTIFICATION
Mayor
Date
,
)
Affordable and Life-Cycle Housing Opportunities Amount
For Andover
Your ALHOA Amount for: Andover
1996
$0
$16,388
Not required
1997 (Estimate)
(--,
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J
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
RESOLUTION ELECTING TO PARTICIPATE IN
THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 1996
WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota
Laws Chapter 255) establishes a Metropolitan Livable Communities Fund
which is intended to address housing and other development issues
facing the metropolitan area defined by Minnesota Statutes section
473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the-
Tax Base Revitalization Account, the Livable Communities Demonstration
Account and the Local Housing Incentives Account, is intended to
provide certain funding and other assistance to metropolitan area
municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to
receive grants or loans under the Metropolitan Livable Communities
Fund or eligible to receive certain polluted sites cleanup funding
from the Minnesota Department of Trade and Economic Development unless -~
the municipality is participating in the Local Housing Incentives
Account Program under Minnesota Statutes section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the
Metropolitan Council to negotiate with each municipality to establish
affordable and life-cycle housing goals for that municipality that are
consistent with and promote the policies of the Metropolitan Council
as provided in the adopted Metropolitan Development Guide; and
WHEREAS, by June 30, 1996, each municipality must identify to the
Metropolitan Council the actions the municipality plans to take to
meet the established housing goals; and
WHEREAS, the Metropolitan Council must adopt, by resolution after
a public hearing, the negotiated affordable and life-cycle housing
goals for each municipality by January 15, 1996; and
WHEREAS, the metropolitan area municipality which elects to
participate in the Local Housing Incentives Account Program must do so
by November 15 of each year; and
WHEREAS, for calendar year 1996, a metropolitan area municipality
can participate under Minnesota Statutes section 473.254 only if: (a)
,the municipality elects to participate in the Local Housing Incentives
Account Program by November 15, 1995; (b) the Metropolitan Council and
the municipality successfully negotiate affordable and life-cycle
~"-------housinggoals for the-municipality; and (c) by January 15, 1996 the
Metropolitan Council adopts by resolution the negotiated affordable
and life-cycle housing goals for each municipality;
W~EREA~, Andove~ rec?g~izes the. Metropolitan Council working under
a leglS~atlve deadlIne dIVIdes and Implementation plan that divided
the r7g10n by sect?r: rather than by taking a regional approach for
the LIvable CommunItIes Act; and
WHEREAS, there has been minimal input from Andover and the other
stakeholders on the Metropolitan Council's implementation plan for the
act; and
WHEREAS, the City of Andover has serious concerns about the equity
of the sector housing goals; and
WHEREAS, the City of Andover has serious concerns that certain
affordability and density goals cannot be accomplished without
significant public subsidies; and
WHEREAS, there has been minimal input from Andover and the other
stakeholders on the Metropolitan Council's implementation plan for the
act; and
WHEREAS, the City of Andover has serious concerns about the equity
of the sector housing goals; and
WHEREAS, the City of Andover has serious concerns that certain
affordability and density goals cannot be accomplished without
significant public subsidies; and
WHEREAS, the City of Andover has serious concerns that density
targets do not address the degree of environmentally sensative areas
within the Andover community; and
WHEREAS, that the City of Andover has serious concerns that the
timeline for completion of the Livable Communities target actions is
an inappropriately constrained, such that adequate planning can not.
occur.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Andover hereby
elects to participate in the local Housing Incentives Program under
the Metropolitan livable Communities Act during calendar year
1996, understanding that while the Metropolitan Livable Communities
Act does not generally address the housing needs of the region
surrounding Andover nor the lack of existing social and economic
imbalances throughout the metropolitan area, Andover will participate
to demonstrate regional partnership.
Adopted by the City Council of the City of Andover this
17th
day of
November
, 1 9 ....2.!L .
CITY OF ANDOVER
J. E. McKelvey - Mayor
ATTEST:
Victoria Volk - City Clerk
"
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 21, 1995
AGENDA
NJ.
SECTION
Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
NJ.
Dick Fursman,
Administration
Externalities Discussion
BY:
~
It was requested at the ExternalitIes Workshop that the worksheet and mission statement
for consideration by the Council would be brought back in November. Modifications to
the externalities plan will be presented and discussed at the November 21, 1995 meeting,
'.
/
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November21.1995
AGENDA
NO,S
ITEM
SECTION
ORIGINATING DEPARTMENT
Finance
APPROVED
FOR AGENDA
ReviewIDiscuss 1996 Proposed Budget
BY: C\\:)\<"\
Jean D, McGann
Finance Director
The Andover City Council is requested to review and discuss items pertaining to the
proposed 1996 General Fund Budget.
If the Council has any questions or concerns about the budget, City Staff would like to
address the issues at this time.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 21. 1995
EDA
Richard Fursman
City Administrator
APPROVED
FOR AGENDA
AGENDA
NJ.
SECTION
ORIGINATING DEPARTMENT
ITEM
NJ.
Purchase of Andover Auto Parts
BY: -
I)J(/L
b.
The Andover Econom~c DeveTopment Autnor~ty ~s requestea to
consider the purchase of Andover Auto Parts located on Jay
Street. The City and seller have agreed on a purchase price of
$259,605.
The ,City will also assume the costs of unpaid assessments on the
property amounting to approximately $160,000.
An environmental assessment has been ordered.
,
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MOTION BY:
SECOND BY:
;)
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PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (the" Agreement") is made and effective as of
6~ /("').he. R _:{<'1, 1995, by and between BBP Investment, Inc. ("Seller") and the
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Andover Economic Development Authority, a body corporate and politic ("Buyer").
RECITALS:
WHEREAS, the Buyer is desirous of purchasing property owned by the Seller
within the Andover Tax Increment Financing District No. 1-1 for the purpose of
redevelopment; and
WHEREAS, the Seller has agreed to sell certain property that he owns wIthin
said Financing District.
NOW, THEREFORE, in consideration of the amount of One ($1.00) Dollar paid
by Buyer to Sellers, the receipt and sufficiency of which is hereby acknowledged, and
in consideration of the foregoing Recitals, the mutual promises of the parties hereto
and the mutual benefits to be gained by the performance hereof, Seller and Buyer
agree as follows:
1. Sale. Subject to the terms, conditions, covenants and provisions of this
Agreement, Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller,
the real property located in Anoka County, Minnesota, legally described as:
See Exhibit A attached hereto and made a part hereof (hereinafter
referred to as the "Property").
2.
Purchase Price.
In consideration of the transfer of the Property to
Buyer described in Paragraph 1, Buyer shall pay the sum of Two Hundred Fifty-nine
,
" Thousand Six Hundred Five and no/100 ($259,605.00) Dollars. Said amount shall be
paid as follows:
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(a)
Five Thousand and no!100 ($5,000.00) Dollars earnest money, which
shall be deposited and remain in the trust account of the Seller's attorney
until closing;
/
(b) Two Hundred Fifty-four Thousand Six Hundred Five and no!100
($254,605.00) Dollars on,or before the Date of Closing;
'--
3. Marketable Title. Subject to the full performance by Buyer, Seller agrees
to execute and deliver or cause to be delivered a Warranty Deed and any other
documents necessary to fulfill the terms of this Agreement. The Warranty Deed shall
convey marketable title to the Property, subject to the following exceptions:
(a) Laws, ordinances and State and Federal regulations;
(b) Restrictions relating to use or improvement of premises without effective
forfeiture provision; and
(c) Reservation of any minerals or mineral rights to the State of Minnesota.
4. Real Estate Taxes and Soecial Assessments. Seller shall pay the real
estate taxes and speCial assessment installments due in the year 1995 and prior years.
The Buyer shall pay the real estate taxes and special assessment installments due in
'..'
1996 and thereafter.
5. Title.
(a) Commitment or Abstract. Seller shall, within a reasonable period of time
after' approval of this Agreement, furnish Buyer with one of the
following, at Seller's sole discretion: (i) a Commitment for the issuance
of an AL T A owner's policy of title insurance issued by a title insurance
company licensed to' do business in the State of Minnesota. ("Title
Company") in the full amount of the Purchase Price (the "Commitment");
(ii) an Abstract of Title; or (iii) a Registered Property Abstract.
'(b) Examination of Title: Obiection: Seller's Election. Buyer shall be allowed
twenty (20) days after ,receipt thereof for examination of said title and
the making of any objections thereto, said objections to be made in
writing or deemed to be w<livcd. If any objections are so made, Seller
shall have ten (10) business days following receipt of Buyer's title
objections to either elect to: (i) proceed to make the title marketable or
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(ii) terminate this Agreement. Seller shall notify Buyer of its election in
writing prior to the expiration of such ten-day period. In the event Seller
elects to terminate this Agreement, Buyer shall execute and deliver to
Seller a quit claim deed for the Property in favor of Seller in exchange for
return of its earnest money within ten (10) days after receiving the
termination notice. Thereafter, the parties shall have no further
obligations under this Purchase Agreement."
(c)
Title Not Made Marketable. If said title is not marketable and is not
made so within one hundred twenty (120) days from the date of written
objections thereto as above provided, Buyer, at its option, may:
(il Declare this Agreement null and void, in which event: (a) Seller
shall promptly thereafter refund to Buyer the Earnest Money; (b)
Buyer shall execute and deliver to Seller a quit claim deed for the
Property in favor of Seller within ten (10) days from the expiration
of the one hundred twenty (120) day' period; and (c) Buyer shall
have no further remedies or causes of action against Seller; or .
(ii) Waive the objection to marketability of title and proceed to
closing.
(d) Title Made or Found Marketable. If the title to the Property is found to
be marketable or is so made within said one hundred twenty (120) day
period, and Buyer shall default in any of the agreements and continue in
default for a period of ten (10) days, then and in that case the Seller
may, at its option, terminate this Agreement and on such termination all
the payments made upon this contract shall be retained by said Seller,
as liquidated damages, or enforce any of Seller's remedies as described
in this Agreement, time being of the essence hereof.
6. Continaencies. This Purchase Agreement is contingent upon the
. ;'.,
following items:
(a) Acceptance of this Purchase Agreement by the Andover Economic
Development Authority;
(bl Buyer obtaining, at Buyer's expense, soil tests which indicate that the
Property may be improved without extraordinary building methods or
costs;
",
(c)
Buyer obtaining, at Buyer's expense, percolation tests which are
acceptable to Buyer; ..' .
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(d)
Seller removing all equipment, automobiles, trucks, and all other personal
property located upon the premises prior to the Date of Closing owned
by Seller;
(e) Buyer entering into a lease upon terms that are satisfactory, in the sole
opinion of the Buyer, with the current tenant on the 'property.
In the event anyone of the above contingencies have not been satisfied on the
Date of Closing, this Agreement shall be voidable at the option of the Buyer.
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7. Default.
(a) Default bv Seller. In the event that Seller should fail to consummate the
transactions contemplated herein for any reason, except for a default by
Buyer, Buyer may:
(i) Terminate this Agreement, in which event the earnest money shall
forthwith be returned to Buyer; or
(ii) Enforce the specific performance of this Agreement and, in such
action, shall have the right to recover damages suffered by Buyer
by reason of the delay in the acquisition of the property provided
that such action is commenced within six (6) months of the date
of this Agreement; or
(iii) Bring suit for damages for breach .of this Agreement.
(b)
No delay or omission in the exercise of any right or remedy accruing to
Buyer upon any breach by Seller under this Agreement shall impair such
right or remedy or be construed as a waiver of any such breach
theretofore or thereafter occurring. The waiver by Buyer of any condition
or of any subsequent breach of the same or any other term, covenant,
or condition herein contained shall not be deemed to be a waiver of any
other condition or of any subsequent breach of the same or any other
term, covenant, or condition herein contained. All right, powers, options
or remedies afforded to Buyer either hereunder or by law shall be
cumulative and not alternative, and the exercise of one right, power,
option or remedy shall not bar other rights, powers, options or remedies,
allowed herein' or by law.
\
Default bv Buver. In the event that Buyer should fail to consummate the
transactions contemplated herein for any reason, except for a default by
Seller, Seller may:
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(i)
Enforce the specific performance of this Agreement and, In such
action, shall have the right to recover damages suffered by Seller
by reason of the delay in the sale of the Property; or
. (ii)
Bring suit for damages' for breach of this Agreement; or
, .
"
(iii) Cancel this Purchase Agreement and retain the earnest money...
No delay or omission in the exercise of any right or remedy accruing to
Seller upon any breach by Buyer under this Agreement shall impair such
right or remedy or be construed as a waiver of ,any such breach
theretofore or thereafter occurring. The waiver by Seller of any condition
or of any subsequent breach of the same or any other term, covenant,
or condition herein contained shall not be, deemed to be a waiver of any
other condition or of any subsequent breach of the same or any other
term, covenant, or condition' herein contained. All rights, powers,
options or remedies afforded to Seller either hereunder or by law shall be
cumulative and not alternative, and the exercise of one right, power,
option or remedy shall not bar other rights, powers, options or remedies
allowed herein or by law.
'.;
8. Miscellaneous.
(a) Notice: Deliverv. Any notice given under this Agreement shall 'be
deemed given on the date the same is hand delivered to the following
addresses or is deposited in the United States mail, registered or
certified, postage prepaid, addressed as follows:
To Seller:
BBP Investment, Inc.
~/'l h V. AT 4- -p /J/YN" I e- '1=e17 R,$
/(Te..;,} "2=11") ~ .:J/i
20 L j::~, ..s P J;l/1VG-S rL, 33'g 70
To Buyer:
Andover Economic Development Authority
1685 Crosstown Blvd
Andover, MN 55304
All documents to be delivered shall be delivered to the above addresses.
(b) Interoretation. All previous negotiations LInd understandings between the
parties or their respective agents and employees, with respect to the
transactions set forth herein are merged in this Agreement which alone
fully and completely expresses the parties' rights, duties and obligations;
and this Agreement constitutes the entire understanding between the
parties. This Agreement may be amended or modified only in writing
signed by both parties. All conditions precedent to Seller's performance
hereunder and all options in favor of Seller hereunder to terminate this
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\ Agreement are for the sole benefit of Seller and,' as such, may be
unilaterally waived by Seller. That this sale was made under the threat
of eminent domain by the City of Andover in the event acquisition was
not accomplished through negotiation.
(c) Headings. The headings in this Agreement are inserted for convenience
only and shall not constitute a part hereof. '
(d) AssiQnment. Neither party may assign its rights and interest in this
Agreement without the prior written cO,nsent of the other party.
(e) Time. Time shall be of the essence hereof.
(f) GoverninQ Law. This Agreement and all documents executed in
connection herewith or pursuant to the terms hereof shall be governed
by and construed in accordance with the provisions of the laws of the
State of Minnesota.
(g) CounterParts. This Agreement and any amendments to this Agreement
may be executed in counterparts, each of which shall be fully effective
and all of which together shall constitute one and the same instrument.
(h) Third Partv Beneficiarv. There are no third party beneficiaries of this
Agreement, intended or otherwise.
(i) No Joint Venture. Seller, by entering into this Agreement and
consummating the transactions contemplated hereby, shall not be
considered a partner or joint venturer of Buyer.
(j) Severabilitv. In case anyone or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
9. ClosinQ. The closing on the sale of the conveyance of the Property from
Seller to Buyer shall take place on January 9, 1996.
10. Place of ClosinQ. The closin~ shall be held at the offices of William G.
Hawkins, 299 Coon Rapids Boulevard, Suite 101, Coon Rapids, Minnesota.
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11. Relocation Benefits. Seller waives any and all rights they may have for
relocation benefits under the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, Minnesota Statute ~ 117 or any other similar laws
which may grant to Seller such rights for reimbursement of relocation costs from the
Buyer. It is agreed that the compensation set out herein for the purchase of such
property includes any and all relocation benefits Seller may be entitled to receive.
12. Hazardous Substances. Seller represents, warrants and covenants that
to the best of his knowledge the mortgaged property has not been used or involved
in the release, handling, storage, or disposal of hazardous substances.
IN WITNESS WHEREOF, the parties hereto have set their respective hands as
of the effective date first written above.
SELLER:
BUYER:
ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
By
J. E. McKelvey, President.
By .
Richard F. Fursman
Executive Director
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EXHIBIT A
Lot,4, Watt's Garden Acres, Anoka County, Minnesota.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
~uvembeL 21, 1~~5
AGENDA
NJ.
SECTION
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
EDA
Richard Fursman
City Administrator
ITEM
NJ.
Expand Economic Development Aut ority
BY:
lSrcC
'7.
The Andover Economic Development Authority is requested to
consider the idea of including appointed Citizens to the EDA.
The members would be in addition to the City Council members now
in place.
The 'thought is to include individuals with backgrounds which
could be helpful in making decisions on the future economic
development of the City.
\
I
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
NOVEMBER 21, 1995
AGENDA SECTION
t-.O. STI}FF, COMMITTEES, COMMISSIONS
ITEM
t-.O. PURCHASE MOTOR GRADER
ORIGINATING DEPARTMENT APPROVED
FRANK 0, STONE FOR AGENDA
PUBLIC WORKS SUPERINTENDEt T
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WE RECEIVED BIDS FROM MIDWEST MACHINERY AND ZIGLER EQUIPMENT. THEIR QUOTES ARE LISTED
BELOW.
MIDWEST MACHINERY, INC.
12500 DUPONT AVENUE, SOUTH
BURNSVILLE, MN 55337
BASIC MACHINE
SNOW WING AND PLOW
TOTAL (TAX INCLUDED)
TRADE-IN ALLOWANCE FOR 1979 JOHN DEERE 672A
TOTAL AMOUNT (TAX INCLUDED) LESS TRADE-IN
(DELIVERY DATE: 90-120 DAYS)
$146,574,73
$ 6,500,00
$163,024,59
($ 28,000.00)
$133,204,59
/
ZIGLER, INC,
901 WEST 94TH STREET
BLOOMINGTON, MN
THEY BID OUR OPTIONAL BID FOR ONE NEW OR USED MACHINE. AS DESCRIBED IN THE
SPECIFICATIONS, THE NEW OR USED MACHINE COULD HAVE APPROXIMATELY 100 HOURS
ON IT.
BASIC MACHINE:
ONE (1) LOW HOUR CATERPILLAR MODEL 140G
ALL-WHEEL DRIVE
SNOW WING AND PLOW
TOTAL (TAX INCLUDED)
$152,110,00
$ 11 ,825,00
$163,935,00
TRADE-IN ALLOWANCE FOR 1979 JOHN DEERE 672A ($ 21,000,00)
TOTAL AMOUNT (TAX INCLUDED) LESS TRADE-IN $152,225,78
(DELIVERY DATE: 45-60 DAYS)
WE BUDGETED $150,000,00 FOR THE PURCHASE OF THIS MACHINE. AFTER PAST PURCHASES OF
OTHER EQUIPMENT THIS YEAR, WE ARE SHORT $17,523,37 OF BOND MONEY TO PURCHASE A GRADER.
I'VE ATTACHED A LIST OF EQUIPMENT THAT WAS IN THE 1995 CAPITAL EQUIPMENT BOND. SOME OF
THE EQUIPMENT, SUCH AS THE STREET SWEEPE:R AND SINGLE-AXLE DUMP TRUCK, RAN OVER MY
ESTIMATED AMOUNT, OTHER PIECES OF EQUIPMENT ARE BELOW OR EVEN WITH THE ESTIMATE.
MOTION BY:
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I WAS ASKED, BY COUNCIL, TO KEEP THE TWO OLDER DUMP TRUCKS AND NOT TO TRADE THEM IN, IF
THESE TWO TRUCKS WOULD HAVE BEEN TRADED, I'M SURE WE WOULD BE EVEN CLOSER TO BEING
RIGHT ON THE MONEY,
THEREFORE, I'M REQUESTING $17,523,37 COME FROM THE 1995 STREETS & HIGHWAYS BUDGET UNDER
IMPROVEMENTS TO MAKE UP OUR SHORTAGE. I FURTHER RECOMMEND WE PURCHASE THE NEW
JOHN DEERE MOTOR GRADER FROM MIDWEST MACHINERY FOR A TOTAL PRICE TO $133,204,59, THIS
WOULD COMPLETE THE EQUIPMENT CERTIFICATE PURCHASE FOR 1995,
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 21, 1995
AGENDA
NJ.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
staff, Committees, Comm.
ITEM
NJ.
1996 License Renewals
City Clerk
v. Volk ~,~,
~v
9.
The City Council is requested to approve the following license
renewals for 1996:
On-Sale Intoxicating Liquor
Pov's Sports Bar & Grill
Off-Sale Non-Intox. Liquor
Tom Thumb
Bill's Superette
SuperAmerica Group
Brook's Food Market
Andover SuperAmerica
Off-Sale Intoxicating Liquor
JJ's Liquors
G-Will Liquors
Tree Trimmers
On-Sale Non-Intoxicating Liquor
Woodland Creek Golf Course
Dehn Tree Company
Pov's Sports Bar & Grill
Merwin Drug
Festival Foods
The Nile Cafe (formerly
Total Gas
G-Will Liquors
Andover Superamerica
Brooks Food Market
SuperAmerica Group
Bill's Superette
Tom Thumb
JJ's Liquors
Andover Spur
Dog Kennel Licenses
Blue Collar Saints
Glenda Lawson
Cigarette Licenses
Johnny B Quick)
\
/
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 21, 1995
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
NJ. Non-Discussion/Consent Item FOR AGENDA
Dick Fursman,
ITEM Administration
NJ. 1995 Budget Revisions BY:
/tJ.
The 1995 Final Budget Revisions are being drafted, They will be provided at the meeting
if finalized, Otherwise, they will be presented in December.
/
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MOTION BY: SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 21, 1995
DATE
AGENDA
NJ.
SECTION
ORIGINATING DEPARTMENT
Consent/Non-Discussion Item
Scott Erickson,
Engineering ~~
APPROVED
FOR AGENDA
ITEM
NJ.
Approve Final Payment/95-13/
Park Trails
D~
1/.
The City Council is requested to approve the resolution accepting
work and directing final payment to Sundman Paving and Sealcoating,
Inc. Project 95-13, for Hidden Creek East, Hidden Creek North and
Bunker 'Hills West parks for handicapped access and park trails.
~ )
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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
SUNDMAN PAVING AND SEALCOATING, INC. FOR PROJECT NO. 95-13
FOR THE IMPROVEMENT OF PARK TRAILS
IN THE FOLLOWING AREA: HIDDEN CREEK EAST,
HIDDEN CREEK NORTH AND BUNKER HILLS WEST
WHEREAS, pursuant to a written contract signed with the City of
Andover on August 15 , 19 95, Sundman Paving and
Sealcoating, Inc. of Maple Grove, MN ~ satisfactorily
completed the construction in accordance with such contract.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota that the work completed under said contract is hereby
accepted and approved; and
BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby
directed to issue a proper order for the final payment on such
contract, taking the contractor's receipt in full.
MOTION seconded by Councilmember
and adopted by the
City Council at a
regular
meeting this 21st
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
/
Estimate No.
CITY OF ANDOVER
FINAL PAYMENTS
?'(Finall Period Ending
Project
95-13. Park Trails
Location VClriolls PClrks in Annovpr, MN
Contractor
Sundman Pavinq & Sealcoating. Tnc
Sheet
of
Original Contract Amount
$ ---23... 3 R 9 R 7
,
Total Contract Work Completed $23,292.48
Total Approved Credits $
Total Approved Extra
Work Completed $
- ,
Total Amount Earned on Final
~Approved Extra Orders Amount Completed
Less Approved Credits
Less
Percent Retained
Less Previous Paymehts
Total Deductions
Amount Due (Final payment)
Contractor
$
$
$ 11,506.17
Date
Project Engineer
Date
City Engineer
Date
$
$ 23,2n.4B
$
$ ll.786.31
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
November 21, 1995
,
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
NJ. Non-Discussion/Consent Item FOR AGENDA
Todd J, Haas, ~
ITEM Engineering
NJ. Approve Quotes/93-7/ BY:
Ceiling Tiles
/p(.
The City Council is requested to approve the quotes for the installation of ceiling tiles to
Reinke Wholesale for the new building for City Hall Park Complex #2, Project 93-7,
Quotes received are as follows:
Contractor Ouote
Reinke Wholesale $1,327,14
\ Knox Lumber $1,510.39
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MOTION BY: SECOND BY:
,~
MINNESOTA
801 2ND AVE. N.
MINNEAPOLIS. MN 55405
(612) 374-2440
FAX (612) 374-5392
.( rr; I~
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CUSTOMER QUOTATION
~.
RI:INKE WHOLESA~E
'\
,
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Customer:
iJ.Y11Jf1UlA ~'G. r1~i,~_
Address:
Location:
~ Acoustical Ceilings
Acoustical Wall Panels
:x= Chicago Metallic Grid
_ Tectum
_ Glasbord (FRP)
NORTH DAKOTA
4303-12TH AVE, N.
FARGO. NO 58102
(701) 2n-1544
FAX (701) 2n-1669
MONTANA
1818 MINNESOTA AVE.
BILLINGS. MT 59'/)1
(406) 252-4243
FAX (406) 252-n75
1/- r, .,. 7'5
Dlfv~ {9''f;f.Jc'p
Telephone: 4"47 - 5q 7 (;
Date:
Attention:
Manville Insulation
U.S.G. Thermafiber
_ GRG Shapes
_ Williams Access Doors
_ Fry Reglet
Gordon Trims
Adhesives
_ Light Lenses
A-Look
Other
. .~'2. *1. Jl.J
r.€(; -t >t~..fi IY1~Q1)If)p ~nfl ~ + (t:i", J 4t ~~4;))
/
Taxes: _ Included 1 Not Included
Ouoted By: ~
DESCRIPTION
ITEM NO,
,
Job: il'Y'J J, 11M
.
,--- "
l .tion:
F,O,B,;
QUANTITY
PRICE
GOOD THRU
3
D' "
l{ l.J. S2-
. /l., I~"l-t ';:':1.1.. '31D
3 . ~l9 .t"G~
. ~ 0 ~-h
g.Vo
, Sz..
ead\ .ttD ~
I t'i 0 ofQ(.h 3~?> J f} 0
,J~ (ZAGh
J'. ~()
jLf ~
I~~ ~c..h
,
PAnus CUHWAyse naow. u.EILIACI
HUlN II. _-IOIIEIYI1.I-oax
KNO' '~BER CO. - 1228
~~1,_ "QODeREST DR
COON RAPIDS. ~N 55433
PHONE f: (612l 754-35Se
SOLD TO:
DAVE O'TOOLE
SALE5FE~SON: STE~ANIE K.
~A6E DATE TI~E ORDER f
EST I MAT E -------- -------- -----------
1!/!~!9S 5:!3 p~ B22e-2947B2
LET KNOX WINTERIZE YOUR HOUSE WITH OUR CO~PLETE SELECTION OF ENERGY
SAVING PRODUCTS.
CUSTO~ER: I111-B~~Bee4
SHIP TO:
DAVE 0' TOOLE
'/1' ( { t'-'f.
~(
v /(1 ( f/
CR, MN 55555
HO~E PHONE
: 427-s:n6
EXPIRATION DATE :' 11/24!95
Itee
Ite! Descriotion
Unit Extended
UM Q~antity Price Total Tax Meth
Register Validation Are.:
------ ----------------------------------- -- -------- ------- ---------- --- ---- -----------------------------------------------
COMMENT: STORA5E!CO~FERENCE ROO~
!99!B4 142~ WALL AN6LE !2' CD~HERICAL
EA 9
167F~O,3~~ HAI~ RUNNER WHT 12' RESIDENTIA EA
10
.-
167B~~ 3B4 CROSS TEE WHITE 4' RESIDENTIAL EA
64
166632 2~2 CROSS TEE WHITE RESIDENTIAL
EA 16
B64696 CEILINS TILE 2X4 933 RANDOH
EA 68
COM~ENT: 2 BATHROO~S
~89164 !426 WALL ANGLE 12' COH~ERICAL
Eli 16
167869 366 MAIN RUNNER WHT 12' RE51DENTIA EA 6
1678"9 364 CROSS TEE WHITE 4' RESIDENTIAL EA 36
166832 3f2 CRaSS TEE w~!TE RESIDENTIAL
EA 18
6969B9 1299 2'X4' CEILING TILE
EA 6
COHMENT: P!RST AID ROOH & MAIN HALL
189164 1~26 WALL ANGLE 12' COHMERiCAL
EA 12
!67e~~ 3ii HAIN RUN~E? WHT !2' RESIDENT!A EA 7
!6"-',36~ CROSS TEE WHITE 4' RESIDENTIAL EA 37
om? 284782
2.56 23.84 Y YARD D 0 N 0 i LOA D
2.89 34.68 Y YARD D 0 NOT ~ a A D
B.99 63.36 Y YARD D 0 NOT LOA D
6.55 8.U Y YARD D 0 NOT LOA D
2.94 199.92 Y YARD D 0 N Ii T L 0 HD
2.56 25.66 Y YARD D 0 NOT LOAD
2.89 17.34 Y YARD D 0 ~ 0 T LOA D
8.99 35.64 Y YARD D 0 ~ a T ~ a A D
B.SS 9.9~ Y YARD n n NOT LOA D
w "
53.26 319.56 Y YARD VENDOR !!9642-61 5/0 Ii 0 ~ 0 T L DAD
2.56
311.72 Y YARD
DON 0 T LOA D
2.89
2f.23 Y YARD
DON 0 T L 0 H D
8.99
36.63 Y YARD
DON 0 T LOA D
ACCOUNTING COpy
~
Building Materials
~
~AeE DATE T!~E u~DER !
EST I " ATE -------- -------- -----------
2 11/18/95 5:13 PM 8228-284782
I. , ~
. ,
He. .J
!tel Descriotion
Unit Extended
UM Quantitv Price Total Tax Meth
Register Validation Are3:
------ ----------------------------------- -- -------- ------- ---------- --- ---- -----------------------------------------------
166832 382 CROSS TEE WHITE RESIDENTIAL EA 5 U5 2.75 Y YARD D 0 NOT LOA D
8S4696 CEILING TILE 2X4 933 RANDOM EA 42 2.94 123.48 Y YARD D 0 NOT LOAD
1891S4 1428 WALL ANGLE 12' COMMERICAl EA 8 2.56 28.48 Y YARD D 0 HOT LOA D
1678S9 3eS MAIN RUNNER WHT 12' RESIDENT!A EA 18 2.89 28.9f Y YARD D 0 NOT LOA D
167899 3S4 CROSS TEE WHITE 4' RESIDENTIAL EA 54 U9 53.46 Y YARD D 0 NOT L DA D
e92917 t2C9 2'X4' CEILIN5 TILE EA 6 53.26 319.56 Y YARD VENDOR 119642-el 5/0 D 0 NOT LOA D
CD~MENT: ADDITIONAL ISX8 ROD"
189184 1428 WALL ANGLE 12' CO~~ERICAL EA 4 2.56 IS.24 Y YARD D 0 NOT LOA D
1678S9 3Be ~AIN RUNNER WHT 12' RESIDENTIA EA 2 2.89 5.78 Y YARD D 0 NOT LOAD
167S99 384 C~DSS TEE WHITE 4' RESIDENTIAL EA 3 B.99 ' "~ Y YARD o 0 NOT LOA 0
....1:
166B32 3B2 CROSS TEE WHITE RESIDENTIAL EA 3 e.55 1.65 Y YARD D 0 NOT LOA D
r ,
884_ . CEILING TiLE 2X4 933 RANDOM EA 9 2.94 23.52 Y YARD D 0 NOT LOA D
Subtotal $ 1.419.21 EST HATE o N L Y
T3X ! 92.19
-----------
Total $ 1,518.39
-----------
-----------
SUBJECT TO THE PROJECT EST!~ATE TERMS AND COND!TIONS ON THE REVERSE SlOE
"
ORDER 294782
. ...
ACCOUNTING COPY
.t I.
DATE: November 21, 1995
ITEMS GIVEN TO THE CITY COUNCIL
Park and Recreation Commission Minutes - November 2, 1995
City Council Minutes - November 7, 1995
Special Closed City Council Minutes - November 8, 1995
Letter from John Davidson, TKDA - November 9, 1995
Ord. No. 8LLLL
Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
, .
QL-
\ \-al-q6
It
~ ~KDA
November 9, 1995
TOLTZ. KING. DUVALL. ANDERSON
AND ASSOCIATES. INCORPORATED
1500 PlPERJAFFRAY PI.AZA
_ CEDAR STREET
S....NT PAUl, MINNESOTA 551 01 -Ill 40
PHONE:ll~2-4400 FAX:ll~2.oo13
ENGINEERS. ARCHITECTS. PLANNERS
Honorable Mayor and City Council
Andover, Minnesota
Re: Engineering Matters
Regular Council Meeting and Public Hearing
Andover, Minnesota
Commission No. 9140-959
Dear Council Members:
The following are engineering matters discussed and action taken at the regular Council meeting
and Public Hearing held Tuesday, November 7,1995.
1. Consent Agenda
The Council approved by single motion the items as follows:
A. Project 94.22 - Crown Pointe East, Comm. No. 10784.
Change Order No.3 in the amount of $691.92 for street sweeping prior to surfacing
and additional rip-rap for erosion control was approved.
B. Project 93-12 . Hills of Bunker Lake 5th Addition, Comm. No. 10483.
The Council approved a drainage and storm sewer easement along the easterly line
of Lot 6, Block 10, Hills of Bunker Lake 5th Addition.
C. Project 93.30 . Bunker Lake Boulevard Frontage Road, Comm. No. 10581.
Change Order No.4 (compensating) and Final Payment No.8 (Final) in the amount
of $40,197.06 was approved. The Feasibility Report estimated cost was
$483,555.00. The Contract amounts were $82,075.35 (Weidema) and $381,772.50
(Hydrocon); (total $463,847.85). The fmal costs are $92,748.48 (Weidema) and
$432,984.89 (Hydrocon); (total $525,733.37). Final costs are approximately 8.7%
over estimated feasibility report costs.
D. Project 94-8 and 94-5, Foxberry Farms and SuperAmerica Trunk Watermain,
Comm. No. 10673 and 10639.
The Council approved Change Order No.3 to the contracts for cold weather heating
costs to construct concrete curbing in freezing weather as requested by the
developer and topsoil and sodding ditches along Hanson Boulevard at the
SuperAmerica Service Station. The total additional costs were $3,154.13.
.
Honorable Mayor and City Council
November 9,1995
Page 2
2. Project 94-6 - Hartfiel's Estates, Comm. No. 10640, Assessment Hearing.
Mr. Davidson did present the tmal project costs and related per lot assessments as follows:
Hartfiel' s Estates (Privately Owned)
St.& Storm Sew/W at Total
Feasibility Report 5/21/94 $5,475 $6,742 $12,217
Supplemental Report 6/19/94 4,798 6,742 11 ,540
Final Cost 4,981 7,924 12,905
Hartfiel's Lots Only
Feasibility Report 5/21/94 $5,495 $6,742 $12,217
Supplemental Report 6/19/94 5,475 6,742 12,217
Final Cost 5,370 7,923 13,293
Mr. Thomas Schiebout, 1425 Andover Boulevard, appeared to appeal his assessment for
storm sewer. His lot fronts on County Road 16 (Andover Boulevard) and his street
surfacing costs were absorbed by the City for trunk watermain costs and County Road 16
overlay from Hanson Boulevard to Bluebird Street.
Council Action:
The Council approved by resolution the assessments as proposed subject to the assessment
for storm sewer to the Schiebout property in the amount of $1,870.13 be assumed by the
City for Andover Boulevard overlay improvements.
Sanitary sewer and water costs deferred until connection without interest until connection
is made,
3. Project 94-3 - 140th Lane NW, Comm. No. 10671, Assessment Hearing.
Mr. Davidson presented the project tmal costs and proposed assessments as follows:
Feasibility Report Estimated Cost
Final Assessment
$6,031.00/Lot
$6,500.50/Lot
,
T. Emmerich Participation $12,085.90
D. Steele Storm Drainage Only $1,119.07
P. Olson Storm Sewer and Curb & Gutter $3,743.32
Sanitary sewer and watennain deferred without interest until connected.
No property owners appeared.
Council Action:
The Council approved by resolution the assessments as presented.
-.
Honorable Mayor and City Council
November 9,1995
Page 3
4. Project 93-10 and 94-5 - SuperAmerica, Comm. No. 10406 and 10639, Assessment
Hearing.
Mr. Davidson presented the proposed assessments as follows:
Feasibility Report
Rev. 5128/93 W/plat
93-10 Final Assessment (No Plat)
94-5 Final Assessment (No Plat)
Total Assessed
$54,871.08
$30,090.96
$41,160.32
$6.160.00
$47,320.32
No property owners appeared.
Council Action:
The Council approved by separate resolution the assessments as presented for Project 93-
10 and Project 94-5.
5. Project 94-18 - Section 22 Trunk Sanitary Sewer and Watermain, Comm. No. 10725.
Mr. Davidson presented the assessments to Ind. School Dist. No. 11 property as follows:
Elementary School
Sanitary Sewer
Water Service
Total Assessed
Original Feasibility Report
$37,519.01
$70.990,17
$108,509.18
$149,904.00
Middle School
Sanitary Sewer
Water Service
Total Assessment
Original Feasibility Report
$100,865.25
$211.233,97
$312,099.22
$407,522.00
No representatives ofI.S.D.No. 11 appeared.
Council Action:
The Council approved by resolution the assessments as presented.
The Engineer was excused at approximately 12:45 AM., November 8,1995.
JLD/mha
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORD NO. 8LLLL
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.
tet (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.
tBt (E) Accessory buildings in the Residential Districts may not
be located within (10') feet of the side and rear lot lines.
tEt (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.
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Page Two
Amend Ordinance 8, Section 4.05
Accessory Building & Structures
/ November 7, 1995, City Council Meeting
fF+ (G) No detached garages or other accessory buildings shall
be located nearer the front lot line than the principal structure
except as herein provided:
j
(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.
f6+ (8) No accessory building in a commercial or industrial
distrICt shall exceed the height of the principal building except
by Special Use Permit.
fH+ (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.
f~+ (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-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.
f~+ (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.
fR+ (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.
)
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.
ATTEST:
d;tdffi
Vlcto~a Volk, City Clerk
CITY OF ANDOVER
fl, ;. h~~
~. E. McKe vey, ayor
-'
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
November 21. 1995
AGENDA
f\Q
SECTION
ORIGINATING DEPARTMENT
Approval of Claims
Finance
APPROVED
FOR AGENDA
ITEM
NJ. Schedule of Bills
~0
Jean D. McGann
Finance Director
BY:
REQUEST:
The Andover City Council is requested to approve total Claims
in the amount of $ 215.058.93.
BACKGROUND:
Claims totaling $47.844.09 on disbursement edit list #1 dated 11/14/95
have been issued and released.
Claims totaling $167.214.84 on disbursement edit list #2 dated 11/21/95
will be issued and released upon Council approval.
AUTHORIZATION:
The schedules of bills payable as described above were reviewed and approved
for payment.
Date: 11/21/95
Approved By:
MOTION BY:
SECOND BY: