HomeMy WebLinkAboutSP February 9, 1988
DATE: Februarv 9. 1988
ITEMS GIVEN TO THE CITY COUNCIL
Minutes
T.~tr~r from Andover R~!';ident
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North central Cable Communications Corp - Letter
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PLEASE ADDRESS THESE' ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT
AGENDA,
THANK YOU.
MEMORANDUM
TO:
COPIES TO:
FROM:
DATE:
REFERENCE:
CITY of ANDOVER
South A"douer S;ite
The City Council is requested to review the Superfund
Program Fact Sheet for the South Andover Site. Attached:
Fact Sheets for the South Andover Site
Remedial Investigation Report
Feasibility Study .
If the City Council wishes to make comments, the
comments would have to be submitted to the EPA by
February 29, 1988.
I have placed this on the February 16, 1988 Agenda
for Council action.
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Superfund ~rogram
Fact Sheet
SOUTH AND"OVER SITE
&EPA
~ MPCA
Remedial Investigation
February 1988
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INTRODUCTION
The five properties that make up the nearly 50 acres of the South Andover Site were used
in the past for the disposal of industrial \'1astes from the Twin Cities metropol itan
area, including wastes such as solvents, paints, adhesives, ink sludges. The sites are
located on the south side of Bunker Lake Boulevard west of Hanson Boulevard. Some of
the sites have also been used for the disposal of junked vehicles, salvaged material and
an estimated three million tires.
Anoka County and the Minnesota Pollution Control Agency (MPCA) macle numerous attempts
since 1976 to compel the property owners to di spose of the chemi ca 1 wastes on the
sites, and a U. S. Environmental Protection Agency (EPA) preliminary investigation
indicated that soil and ground water at the site had been contaminated by hazardous
wastes.
In late 1985, the EPA began conducting a federal Superfund investigation to more fully
define the nature and extent of the contamination and identify potential remedies. The
first phase of the EPA's Superfund project is now complete (the Remedial Investiga-
tion), and this fact sheet briefly reviews the findings. A second phase (a Feasibility
Study) has also been completed to examine the alternatives available for preventing the
wastes from posing a threat to human health and the environment.
The following were the objectives of the investigation:
. To determine whether the site poses a threat to public health and welfare
and the environment because of past site activities;
. To determine the nature and extent of soil contamination where dumping
or drum storage had occurred;
. To determine the nature and extent of contamination within pondS and wet-
1 ands both on and off the site;
. To determine the nature and extent of ground-water contamination;
. To define the geology and patterns of ground-water movement in order to be
able to evaluate possible cleanup alternatives;
WHAT WAS FOUND?
Contaminated soil
Surface soils from 19 accessible areas of suspected contamination were tested. Much of
the site is still covered with tire stockpiles that limit the areas which can be
investigated for soil contamination. After the tires have been removed (about February
1989), soils will be investigated comprehensively.
From the present investigation, it appears that while soil is contaminated, various con-
taminants are found in specific areas only and not throughout the site. Of the samples,
11 were found to contain organic contaminants. PCBs were found at five saftlp1 ing points
and pesticides at one point, an area of suspected open dumping. Polynuclear aromatic
.hydrocarbons (PAHs) were found in two locations. Some soils were found to cantain chro-
mium, lead, zinc, copper and barium at higher levels than would normally be found in the
soil. Generally, the contamination was found at depths of less than six inches.
Surface water
The water and sediment from six surface water locations were tested for contamination.
No pesticides or volatile organic compounds were found. However, three of the pond
samples contained phenol, benzoic acid and naphthalene. Like the soils, sediments con-
tained metals in concentrations above normal background levels.
Ground water
First, a little about the hydrogeology under the
site. . .
Three major geological units cover the bedrock
under the site. The first is a sand unit 20 to
50 feet thick referred to as the upper sand
aquifer. Under it 1 i es a 1 ayer of silt and clay
that is considered to be an aquitard because
water does not move through it as freely as it
does through sand or some rock formations. This
unit is 50 to 70 feet thick under the site. The
third unit is another sand aquifer more than 35
feet thick. (Geological units are termed
"aquifers" if they yield sufficient water to
supply wells and "aquitards" if they tend to slow
or prevent the movement of water underground.)
Ground-water movement in the upper sand aquifer
tends to be in a westerly direction at from 17 to
37 feet per year, but with a strong downward
component. Water in the lower sand aquifer moves
generally to the southwest at an estimated rate
of 16 to 125 feet per year. Any water movi ng
through the aquitard would be in a downward
direction, estimated at .78 to 2.6 feet per year,
giving an estimated travel time through the
aquitard ranging from 28 to 70 years.
GE()LOGY OF THE
SOUTH ANDOVER SITE
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Upper Sand Aquifer
20'-50'
Middle Aquitard
50'-70'
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Ground-water samples were collected from 50 wells on or near the site. The ground water.
in the upper sand aquifer beneath the site w.." found to be contaminated with volatile
organi c compounds. Types of contami nants were not cons i s tent throughout the site but
coincide with potential contaminant source areas, apparently because. the strong downward
movement of ground \1ater in that aquifer 1 imits the spread i ng of contami nants in a
lateral direction.
In the northern portion of the site, organic contamination consisted principally of
trans-l,2-dichloroethylene, ethyl benzene and xylenes. Acetone, toluene,
1,1,2-trichloroethylene and 2-hexanone are the chief contaminants in the southern por-
tion of the site. Metal concentrations in the ground water exceeded normal background
levels for barium, cadmium, iron, manganese and zinc.
. Ana lys i s of soil from bori ngs into the aquitard showed that contami nants tiave entered
the aquitard from the upper sand unit. One monitoring well indicated the presence of
organic contamination in the lower sand aquifer. This well contained 97 parts per
bi 11 ion of methylene chloride. However, the methylene chloride may be wholly or par-
tially due to sample contamination. No other monitoring wells indicated contamination
in the lower sand aquifer.
No off-site effects were discovered, and no drinking-water well~ currently in use have
been affected.
WHAT DOES THIS MEAN?
An assessment of the health risks resulting from contaminants at the site is an impor-
tant part of every Superfund investigation, as it indicates what kind of cleanup, if
any, should occur. The risk assessment considers both the present use or uses of a site
and possible future uses. In this analysis, the highest concentrations of contamination
found at the site were used, even though those concentrat ions may have been found at
only one location. For that reason, the risk assessment probably overestimates the
risks to human health.
People might be exposed to contaminants at the site in one of two ways, either by con-
tact with contami nated soil or by us i ng contami nated ground water. A irborne con-
taminants are not likely to present a hazard because of the nature of the contaminants
and their concentrations in the soil.
The investigation found that under the current use of the. properties, trespassers or
workers on the site who would contact and accidentally ingest soil could consume lead in
excessive quantities. Future development of the site could result in exposures to the
lead and in exposures to PCBs and PAHs at levels that would result in excess cancer
risk. However, only a few soil samples contained PCBs and PAHs at concentrations of
concern. Health risks attributable to the soil contamination wi 11 be reassessed after
the additional soils investigation is completed following the tire removal.
Use of ground water from the upper sand aquifer at the site would result in unacceptable
human health risks because of the concentrations of acetone, zinc, bis(ethylhexyl)-
phthalate, and volatile organic compounds. Because a municipal water main has recently
been installed in the area, however, it is unlikely that the ground water would be used
as a water supply.
WHAT NEXT?
The investigation has identified 'several issues requiring further evaluation. A
"Feas i bil ity Study" has identified and evaluated potent i a 1 remedil~s. At present, on ly
remedies that address the ground-water contamination have been llss.essed. Additional
information about soil contamination from the completed soil investigation will
determine whether a similar study is needed to address remedies for soil contamination.
MORE QUESTIONS?
The complete report of the Remedial Investigation is available at the Andover City Hall
and at the Minnesota Pollution Control Agency. Individuals with questions may also call
the U.S. EPA Region V Office of Publ ic Affairs in Chicago at (312) 886-4359 or the
'Minnesota Pollution Control ,Agency at 296-7769. . .
.
&EPA
REGION 5
~. MINNESOTA l'O!.WTION CONTROl AGENCY
~
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! Feasibility Study
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Superfund ~rogram
Fact Sheet
&EPA
SOUTH AND"OVER SITE
~ MPCA
February 1988
INTRODUCTION
An initial federal Superfund investigation of soil, surface-water and ground-water con-
tamination at the South Andover Site has been completed. The project consisted of a
Remedial Investigation (RI), which characterized the nature and extent of contamination,
and a Feasibility Study (FS) which evaluated possible alternatives for site cleanup.
During the Remedial Investigation, it was determined that inorganic and organic chemi-
cals hav~ contaminated soil, surface water and ground water at the site. The study
looked at potential threats to human health and the environment based upon current and
possible future use of the site. The site poses little risk to human health based on
current use. Greater risk is possible in the future if contaminants migrate off site or
into the lower aquifer, or if development occurs on the site. It was concluded that
action to control migration of contaminants is appropriate.
This fact sheet, the third in a series, reviews the options that were considered in the
Feasibility Study and presents the recommended actions. The goals of the remedial
measures studied are the following:
. To minimize the potential for human exposure through consuming contaminated
ground water, inhaling harmful vapors or contacting contaminated soil;
. To control the movement of contaminants into surface water;
. To control the movement of contaminants into the lower sand aquifer;
. To remain consistent with a final remedy for the site (to be developed
after the tire removal has been completed).
I
PUBLIC COMMENT: We want your oplnlon~ The public is invited to comment on the
Feasibility Study between February 1 and February 29. Written comments may be
addressed to Jennifer Hall, Office of Public Affairs, U.S. Environmental Protection
Agency (EPA) Region 5, 230 South Dearborn Street, Chicago, Illinois 60604. You may
also call Jennifer Hall at (312) 886-4359. The EPA and the Minnesota Pollution
Control Agency (MPCA) will consider local public opinion in planning the remedial
measures.
r \.
Possible clean-up alternatives were reviewed, and the alternativl:!s that were the most
promising were assembled as possible coordinated efforts. The alternatives that
remained after the initial screening were then thoroughly studiedl from three points of
view: effectiveness in protecting human health and the environment, technical feasibi-
lity, and cost. Because it must be demonstrated that any action is clearly preferable
to no action, a final, "no action" alternative, was also considered.
THE PROPOSED PLAN
The new Superfund requi~es the U.S. EPA to issue a "Proposed Plan" and make it available
to the public. This fact sheet comprises the Proposed Plan. It outlines the various
a lternat ives evaluated in the Feas i bil i ty Study and presents the preferred altern at i ve.
The Proposed Plan is a companion document to the Feasibility Study. The EPA encourages
review and comment on the Proposed Plan and the Feasibility Study.
What are the recommendations?
The following are the recommendations resulting from the study:
. To connect homes with private wells on or in close proximity to the site
the municipal water supply so that safe drinking water 'is assured, and to
properly abandon the wells to minimize migration of contaminants;
. To install eight extraction wells to pump water from known areas of contamina-
t ion in the upper aqui fer at a total rate of 20 to 50 gallons per mi nute to
remove contaminated ground water and prevent lateral spread of contamination;
. To establish restrictions on the deeds of properties on and in the neighbor-
hood of the site so that private wells cannot be installed in the future.
The discharge location for water from the extraction wells would be determined during
the design phase of the Superfund project. The options include discharging to the sani-
tary sewer system or discharging to Coon Creek, with or without some kind of treatment
system.
Any discharge to the sanitary sewer system for treatment at the disposal plant would
have to be acceptable to the Metropolitan Waste Control Commission. If Coon Creek is
selected as a discharge point, the water would have to meet the standards of the federal
Clean Water Act, and an MPCA permit might be required.
If necessary, treatment could include metals removal by precipitation, sedimentation and
filtration, removal of volatile organic compounds in air-stripping columns, and possibly
further removal of organic compounds by granular activated carbon adsorption. Emissions
from air-stripping columns would have to comply with requirements of the federal Clean
Air Act. Further sampling and analysis of water from the site is required before it can
be determined what treatment, if any, would be necessary.
~ ., ....
What alternatives were considered?
Four alternatives were evaluated for how well they satisfied the following nine cri-
teria:
· Protection of human health and the environment;
· Compliance with health and environmental regulations;
· Reduction of toxicity, mobility or volume of contaminants;
. Short-term effectiveness;
· Long-term effectiveness;
. Implementability;
. Public acceptability;
. State acceptability;
. Cost
Alternative # 1
Thi s a lternat i ve is the "no act i on" altern at i ve. It woul d not reduce the threats to
public health posed by the contaminated ground water, and it is Qot recommended.
Alternative #2
This alternative would include connecting residences currently using private wells in
the vicinity of the site to the municipal water supply and instituting deed restrictions
to prevent future private well installation. While this alternative would effectively
protect public health from the contaminated ground water, it would not prevent the off-
site migration of contaminated ground water or its potential to move into the deeper
aquifer, and it is not recommended.
Alternative #3
This alternative would include all of Alternative #2 plus the installation of extraction
wells to draw the contamination out of the surficial aquifer for treatment or discharge.
It would be protective of publ ic health, and it would reduce the potential for con-
taminants to move off the site. It would would not prevent the downward migration of
contaminated ground water, but it would remove areas of known contamination. It would
meet all health and environmental regulations. On-site water treatment or discharge to
the sanitary sewer would result in a decrease in mobility and volume of the con-
taminants. This alternative would have both short and lO"ng-term effectiveness. It
would be compatible with additional 'remedies at the site and would depend upon moni-
toring and additional investigations. This alternative is recommended by the EPA and
the MPCA.
Alternative #4
This alternative would include all of Alternative #3 plus the installation of a slurry
wall in the ground around the known site disposal areas to limit lateral migration from
currently unidentified areas of contaminated ground water. It would generally satisfy
the same criteria as Alternative #3, plus it would reduce the potential for contaminants
to move off the site from currently unknown areas of contamination. Some delays could
occur in implementing this alternative because of the time required to remove material
from the site and design and construct the slurry wall. This alternative is not recom-
mended due to its high cost in comparison to the additional benefit expected to be
realized.
... " ~~
When will the work be done?
The EPA and MPCA will decide on the alternative at the close of the public comment
period. The agencies then will provtde potentially responsible parties (typically, site
owners or operators and/or the generators of the disposed-of wastes) the opportunity to
design and implement the cleanup. If such parties are willing to condu~t the cleanup,
negotiations normally take between three and five months. If negotiations are unsuccess-
ful, the EPA and MPCA will begin the process of contracting for engineering design work.
In that event, the federal Superfund wi 11 pay 90 percent of thE! cost of construction,
and of the first year operating and maintenance costs. The rem,lining 10 percent would
come from the Minnesota Superfund.
Alternative Construction Annual Operation Equipment
and Ma intenance Replacement
-.
Alternative #1 no cost no cost no cost
#2 $ 44,000 $ 48,000 (monitoring) .
Alternative
Alternative 13
Coon Creek discharge*
Without treatment 410,000 48,000 $ 50,000
On-site treatment 720,000 188,000 82,000
Sanitary sewer discharge 316,000 79,000 50,000
Alternative 14
Coon {;reek discharge
Without treatment 3,120,000 48,000 50,000
On-site treatment 3,430,000 188,000 82,000
Sanitary sewer discharge 3,026,000 79,000 50,000
*Cos ts for di scharge and treatment opt ions are based on a 50 gall on-per-mi nute fl O~I
rate.
More questions?
The complete reports of the Remedial Investigation and the Feasibility Study are
available at the Andover City Hall. Individuals with questions are invited to call the
U.S. EPA Region 5 Office of Public Affairs in Chicago at (312) 886-4359, or the
Minnesota Pollution Control Agency at (612) 296-7769.
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Independent School District 15
Community Education
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IlJIll IDdJ/K /lIdJ~7r rc/h Il!IIlJ II S
Join us for coffee, juice, rolls and
conversations with dynamic and interesting
personalities from the Twin Cities area. START YOUR DAY WITH
BREAKFAST CLUB 15
9:00 to 10:00 AM
TASTY PIZZA
Sl FrmrisJ MN.
COST: $4.00 ea~h xenion
DIANA PIERCE
Co-anchor KARE,
Chumel11 News
Sat., February 20, 1988
RON SCHARA
Outdoor Writer for the .
Minoeaspolis Star and Tribune
Sat., Mareh 5, 1988
PLEASE PRE-REGISTER FOR BREAKFAST CLUB 15
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t.4AK E' CH'ECK1>AYA~i~lOrCo;;'munilYEduC~~h~ri\t><; < .... "0 .'. ..'?~(',.j~1~,~~{~;~';~..rij"',.
t.4.A.1l REGISl;RATION& CHECK TO: Commumty Educa1lon~,:.3,325Bndg~'S!,,~t~F.~clst.~tIl~~glO,>
Attn: Adult R e gistrSiion'" , ,,",'; ", "..>'\ ,",' ",...',', "''''''''''~'",'E"'C,,;'',.,',,,:.t.\;-'',,:',
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North Central Cable Communications Corporation .934 WoodhlII Drlve-RosevlIIe, MN 55113-612) 483-32.3.3
Reply lb:
February 4, 1988
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Office
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Mr. Jim Schrantz
Andover city Hall
1685 Crosstown Blvd. NW
Andover, MN 55304 "'"'-,
Dear Mr. Schrantz:
Recently, an organization called Project Clean-up has been
distributing material regarding the adult-themed programming
appearing on Cable Plus 34, one of our two, pay-per-view
services. We thought it would be helpful if you knew the
facts surrounding Cable Plus 34.
-t.r
Adult-themed material comprises one half of one percent of
our total program hours. It is only a part of a wide range
of programs we offer, which include classic movies,
children's programs, nature shows, documentaries, religion,
news, sports and public affairs. The adult-themed material is
available only after 10:30 p.m., when children are not
normally present. Exhaustive security measures are in place
to make sure that the programming is available only if, a
subscriber requests it. It cannot be inadvertently received.
Adult-themed programming is available only
a pay-per-view service. A pay-per-view
specifically requested by the subscriber on
and cannot be viewed inadvertently.
on Cable Plus 34,
program must be
a per-event basis
Cable Plus technology requires a subscriber to order each and
every time they wish to view a movie, therefore, no
adult-themed material can be received, unless the subscriber
requests that it enter the home. This is unlike premium
services such as HBO or Showtime, which are ordered once and
all movies are received until disconnection of the service is
reques,ted.
"auser Communications, Inc.
New York Office
4.37 Madison Avenue, 36th Floor
New York, New York 10022
(212) 8.32-8788
"auser Communications. Inc.
Arlington Office
2707 Wilson Boulevard
Arlington, Virginia 22201
(703) 841-7720
:--~
Ltr. /Schrantz
February 4, 1988
Page Two
Subscribers who choose to secure their television against the
ordering of adult-themed programming, may do so at no charge.
Each converter has a parental lock-out device. The
subscriber can delete a designated channel by turning the key
to the proper position and then removing it from the
converter. This prevents the channel from being viewed until
the key is restored and the lock is returned to the proper
position. Only the individual with the key can order and
receive the adult-themed programming.
Should a subscriber wish to totally remove the capacity to
receive an adult-themed movie, they can re~~est Cable TV
North Central to electronically program their converter, so
it refuses to allow anyone to order and receive adult-themed
programming. Before Cable TV North Central will reprogram the
converter, the subscriber must state a four-digit, security
code that was created by the subscriber, at the time of the
original de-program request.
Information concerning this process has been distributed to
the subscribers in their program guide. Subscribers choose
adult-themed programming by reviewing titles in the monthly
programming guide.
We do not believe this programming to be pornographic in
nature. No X-rated films are offered. All films are
previewed and if necessary, edited to make sure they are not
pornographic, but fall into the category of soft erotica.
It is the legal right
themselves what they wish
homes. As importantly,
the material they wish to
of our subscribers to decide ,for
to view in the privacy of their own
Cable TV North Central is providing
see in a responsible manner.
If you should have questions regarding the above, please feel
free to contact either myself, or our Director of Public
Affairs, Kathi Donnelly-Cohen at 483-3233.
Sincerely,
JRE/grs
"70 C.c-~o
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REGIONAL TA4NSIT B04RD
270 Metro Square Building
St, Paul. Minnesota 55101
612/292-B7B9
IlVro
February 3, 1988
To: City Mayors
City Managers/Administration/Clerks
County Board Chairs
County Administrators
I am in the process of establishing an advisory conmittee of local officials to
advise our board on local government's point of view on pertinent transit
issues.
Our Chairman's Advisory Committee would consist of 15 city and county elected
officials and staff members. It would meet once a month on a day and time to
be determined by the corrrnittee's membership. It is my intention to call the
first meeting of this committee the latter part of March.
-:.>:"
There are many issues currently before the Regional Transit Board
discussed at committee meetings, including the development of
services, light rail transit, transit financing, elderly and
transit service policies, and transit's property tax levy. It
intention to di scuss new ideas and seek ass i stance and advi ce in
ment of transit policies.
that wi 11 be
new transi t
handicapped
would be my
the develop-
I \~ould ask you make the creation of this advisory conmittee known to your city
counci 1 or county board members and appropriate staff. If you or other ci ty or
county officials or staff have an interest in serving on this corrmittee and
wish to be considered for appointment, please fill out the enclosed, brief
application form and return it to our office by February 19. Appointments to
the advisory committee will be based on a mix of local officials from various
geographic areas and types of conmunities (i.e., centr'al city, older suburbs,
developing suburbs, etc).
Thank you for your assistance in the development of this advisory corrrnittee and
for your interest in transit. If you or others have any questions about this
corrrnittee, please contact me or my assistant, Mike Kuehn, at 292-8789.
Sincerely, \-__
[)~~~~-rC~1~~,_v,-(l,
Elliott Perovich
Chairman
EP: t~K /mf
An Equal Opportunity Employer
v.
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~I-
REGIONAL TRANSIT BOARD
270 Metro Square Building, Saint Paul, Minnesota 55101
612/292-8789
CHAIRMA~'S ADVISORY COMMITTEE
APPLICATION FORM
NAME:
ADDRESS:
CITY
ZIP CODE:
HOME PHONE:
DAYTIME PHONE (If other than home):
IN WHICH CITY/COUNTY ARE YOU A LOCAL OFFICIAL?
WHAT CAPACITY (i .e., Mayor, Counci I Member, City Manager, etc.)?
LIST BRIEFLY ANY LOCAL GOVERNMENT EXPERIENCE YOU WOULD LIKE TO PROVIDE:
I wish to be considered for appointment to the RTB's Chairman's Advisory
Committee.
Signature
Da te
'0
CITY of ANDOVER
CITY COUNCIL WORK SESSION
FEBRUARY 9, 1988
7:30 P.M. 1. CALL TO ORDER
o
2. WATER & SEWER OPERATING & MAINTENANCE BUDGET
3. ASSESSMENT MANUAL
4. GRADING AND FILLING PERMIT
5. CODE ENFORCEMENT REVIEW
6.
7. ADJOURNMENT
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CITY of ANDOVER
o
LMM - LOCAL IMPROVEMENTS GUIDE (515a1.3)
"NEITHER THE CONSTITUTION NOR THE STATUTE SPECIFIES ANY METHOD OR
FORMULA TO BE USED IN MAKING THE ASSESSMENT, ALTHOUGH UNDER THE
CONSTITUTION (ART. IX, SEC. 1) SPECIAL ASSESSMENTS "SHALL BE AS NEARLY
EQUAL AS MAY BE ......."
"ANY FORMULA USED MUST OPERATE SO THAT THE ASSESSMENTS ON ALL
PARCELS ARE ROUGHLY IN THE SAME PROPORTION TO ACTUAL BENEFITS. ANY
FORMULA ~UST BE ONLY AN.ATTEMPT TO GET AT THE REAL MEASURE OF
BENEFITS: THE INCREASE IN THE MARKET VALUE OF THE LAND AS A RESULT OF
THE IMPROVEMENTS......"
"THE COUNCIL HAS A BROAD DISCRETION IN DETERMINING BENEFITS AND
ITS FINDINGS WILL NOT BE UPSET BY THE COURTS EXCEPT WHERE THEY RESULT
IN CLEAR DISCRIMINATION OR INEQUITy......"
USES
SINGLE FAMILY
DUPLEX
MULTIPLE
NEIGHBORHOOD COMMERCIAL
SHOPPING CENTER
WET INDUSTRY
DRY INDUSTRY
TYPE
OLD NEIGHBORHOOD PROJECT
NEW ARTERIAL STREET
NEW SUBDIVISION
REDEVELOPMENT PROJECT
FEDERALLY SUBSIDIZED
METROPOLITAN SIGNIFICANCE
WHO STARTED IT - ?
IMPROVEMENTS BY PETITION
IMPROVEMENTS BY AGREEMENT
IMPROVEMENTS BY ORDER OF THE COUNCIL
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
RESOLUTION APPROVING ASSESSMENT MANUAL POLICY AND PROCEDURE GUIDE
WHEREAS, the City Council is cognizant of the need for a written
policy and procedure guide for special assessments; and
WHEREAS, the City Council believes that a manual on assessments
will provide for a uniformity and consistency in assessments to the
various properties over the years.
NOW, THEREFORE, BE IT RESOLVED that the Andover City Council
hereby approve the assessment manual entitled, "Assessment Manual
policy and procedure Guide."
BE IT FURTHER RESOLVED that the assessment manual shall be dated
with the date of this resolution and this resolution shall be part of
the manual.
Passed by the Andover City Council this
day of
,1988.
CITY OF ANDOVER
ATTEST:
Jerry Windschitl - Mayor
Victoria Volk - City Clerk
o
o
INDEX
PUBLIC IMPROVEMENT - SPECIAL ASSESSMENTS
policies Relating to Special Assessments
procedures Relating to Special Assessments
1
5
5
7
11
General
Purpose
General policy
FACTORS AFFECTING PROJECT COST AND ASSESSMENT RATES
16
PROJECT TIME SCHEDULE
17
SPECIAL ASSESSMENT HEARING PROCEDURE
18
OPTIONS AVAILABLE FOR PAYING SPECIAL ASSESSMENTS
19
CAPITAL IMPROVEMENTS FINANCING
22
EXHIBITS
1. Resolution No. Authorizing Deferrals of
Special Assessment for Certain Senior Citizens
2. Resolution No.
Water Rate Schedule
o
PUBLIC IMPROVEMENT
c:> SPECIAL ASSESSMENTS
I. GENERAL
Minnesota State Law, Chapter 429 provides that a Municipality
has the power to make public improvements such as; sanitary sewer,
~torm drainage, water source, storage and distribution facilities,
street improvements including grading, curb and gutter, and surfacing,
sidewalks, street lighting, recreational facilities, etc...
THE THEORY OF SPECIAL ASSESSMENTS
Special assessments are an indirect form of taxation. They are a
compulsory charge on selected properties for a particular improvement
or service which presumably benefit the owners of the selected
property and are also undertaken in the interest of the public.
Special assessments have three distinct characteristics:
1. They are a complusory levy used to finance a particular
public improvement program.
2. The levy is charged only against those particular parcels
of property deemed to receive some special benefit from
the program.
3. The amount of the charge does not exceed the value of the
benefits received.
special assessments a~e imposed only on real estate. They are never
levied against personal or movable property. In theory, special
assessments are frequently regarded as more equitable than property
taxes because those who pay them obtain some direct benefits from
the improvements undertaken.
o
SPECIAL ASSESSMENTS USES
o
Special assessments have three important applications.
1. The first and most popular use is for financing new
improvements, particularly when new tracts of land
are being converted to urban use. In this application
they are frequently used to pay for sanitary sewer,
storm drainage, water source, storage and distribution
facilities, street improvements including grading, curb
and gutter, and surfacing, sidewalks, street lighting,
recreational facilities, etc...
2. Special assessments may also be used to underwrite the
cost of major maintenance programs. Large-scale repairs
and maintenance operations on streets, sidewalks, water-
main, sanitary sewers, storm drainage and similar facilities
can and often should be financed with special assessments.
3. A significant new use of special assessments is in the
redevelopment of existing neighborhoods. When residential
areas are confronted with progressive deterioration, or,
even when presently sound neighborhoods can be made more
desirable through the development of parks, playgrounds,
tree planting, and new street patterns, the city can utilize
special assessments to good advantage.
THE BENEFIT PRINCIPLE
Special assessments may be levied only upon property receiving
a special benefit from the improvement. In Minnesota, the Constitution
and courts apply this general rule by placing the following
limitations upon the power to levy special assessments: (1) the rate
must be uniform and equal upon all property receiving special
benefit~ (2) the assessment must be confined to property specially
benefited~ and (3) the amount of the assessment must not exceed the
special benefi t.
SUMMARY OF STEPS IN SPECIAL ASSESSMENT PROCEEDINGS
o
1. Initiation of proceedings. This may be done either by the
councilor by petition of affected property owners. If a
petition is used, it must be signed by the owners of the
least 35% in frontage of the property bordering on the
proposed improvements. Even if the council acts originally
on its own initiative, an extraordinary majority is not
needed to initiate the proceedings. In initiating pro-
ceedings, or in accepting a petition requesting such pro-
ceedings, the council should simultaneously order a feas-
ibili ty report on the proposed improvement.
o
2. Preparation of a report. The law requires that a report on
the feasibility of the proposal be prepared by the City
Engineer or by some other competent person selected by the
council. It must cover such factors as the need for the
project, an estimate of cost, and any other information
thought pertinent and necessary for complete council
consideration.
3. Public Hearing. This step may be omitted when a petition
requesting the improvement has been signed by 100% of the
affected land owners. Notice of the hearing must be pub-
lished twice in the official newspaper with each publication
appearing at least a week apart. At least three days must
elapse between the last publication date and the date set for
the hearing. Furthermore, a notice must be mailed to each
property owner in the area to be assessed stating the time
and place of the hearing, the general nature of the
improvement, the estimated cost, and the area proposed to be
assessed. At the hearing, all interested persons should have
a chance to be heard, whether or not they are liable to be
assessed.
4. The
5. Performance of work under contract
C1ty enters 1nto a contract W1t t
bidder after advertising for bids,
by day labor.
6. Pre aration of ro osed assessment roll. Assessment rolls
are 1StS prepare or eac assessment project. They should
contain a description of each parcel of property, and the
amount of the assessment.
7. Public hearin on the ro osed assessment. The purpose of
t 1S secon ear1ng 1S to glve a ecte property owners an
opportunity to be heard on the matter of the actual assess-
ments being levied. Notice must be published in the official
newspaper and mailed to each property owner at least two
weeks prior to the hearing date.': Finally, the total cost of
the improvement project must be published in the city news-
paper. This assessment hearing may also be held prior to
awarding the contract.
o
8. Approval and certification of assessment roll. After the
hearing, the roll must be officially adopted by a council
resolution and then certified to the county auditor.
o
9. Issuance of obli ations to finance the im rovements. Most
specla assessments may e pal over a perlo 0 several
years. Consequently, on most public improvement projects
thus financed, necessary funds are obtained from bonds
issued at the time the improvement is made. The bonds are
then paid off as the funds become available through the
collection of the assessments and any taxes levied especially
for that purpose.
II. PURPOSE
The purpose of this assessment manual is to set forth a guide
to be utilized by the Engineering Department and Clerk's Department
when preparing assessment rolls for approval by the City Council so as
to assure uniform and consistent treatment to the various properties
from year to year.
The Engineering Department will plan and organize improvement
projects of large enough scope such that good bid prices will be
obtained. To help insure proper planning, all ,petitions for local
improvements should be submitted to the City by the 2nd meeting in
October of the year prior to when construction of the improvement will
be considered. Exceptions to this general rule may be considered if
the benefiting property owners understand the project may not get
~ompleted and the interest cost due to not being able to assess the
project that year will increase the total cost of the improvement.
III. GENERAL POLICY
It is the policy that all properties shall pay their fair share
of the cost of local improvements as they benefit; it is not intended
that any property shall receive the benefits of improvements without
paying for them. Local improvements will include water, sanitary
o
sewer, streets, storm drainage, sidewalks, street lighting,
recreational facilities, etc...
.
IV. POLICIES RELATING TO SPECIAL ASSESSMENTS
o
ASSESSMENTS:
The total of assessments cannot exceed the project cost and must
be apportioned equally within properties having the same general land
use (residential and institutional, multiple family and commercial, or
industrial), based on benefit. Total assessment against any
particular parcel shall not exceed benefit to that parcel. project
cost may include part or all of the cost of previously installed
projects not previously assessed. (topographic and S.D.)
Assessment Period
Improvements installed as a part of a new residential subdivision
and petitioned for by the Developer shall be assessed for a period of
15 years. New commercial and industrial subdivisions petitioned for
,
by the Developer shall be assessed for a period of 10 years.
Assessments for improvements not included as part of a development
shall be assessed for a 10 year period. A Senior Citizen deferral is
permitted (See Exhibit 1).
Interest Rate
The rate of interest on assessments shall be 1% greater than the
rate of interest the City paid on the bonds which were issued to
finance the project, or in the event no bonds were issued, then 1%
grea~er than the average rate of interest on all bonds issued in the
previous calendar year or the current market rate.
Indexes
Depending upon the appropriate resolution or authorization, the
o
construction cost index or consumer price index may be used. The
construction cost index is a number computed by the "Engineering News
.ecord" derived from prices of construction materials, labor and
o
equipment for the Minneapolis area base year of 1913 equals 100.
The consumer price index is a number computed by the U.S.
Department of Labor derived from prices of goods and services for the
Minneapolis area, base year of 1967 equal 100.
properties Not Assessed
Special assessments will not be levied against the properties
described as follows:
1. undeveloped lands having unbuildable soils and/or lying
within the flood plain of major drainage channels.
.2. Drainage ponds (defined by public easements) and major
drainage ditch easements such as Cedar Creek and Coon
Creek. (CCWD and LRRWMO)
3. Cemeteries.
4. Railroad right-of-way and major transportation right-of-
way (i.e. rapid transit).
,
5. City park land. (New Development Only)
Methods of Assessment
The City Council has in the past, in preparing assessment rolls,
used four (4) methods of assessments. Any combination may be used for
a particular project.
It should be emphasized that the special assessment method and
policies summarized herein cannot be considered as all-inclusive and
that unusual circumstances may at times justify special
considerations. Also, any fixed cost data and rates presented herein
will be adjusted from year to year by the ENR Construction Index or
the Consumer price Index.
o
o
1. Area: The area to be assessed is the total land area in acres
of a property, including street and utility easements, but
excluding those areas as described under "properties Not
Assessed". The types of improvements to be assessed on this
basis are:
(a) Sanitary Sewer Trunk
(b) Water Trunk
(c) storm Drainage
2. unit (Lot): unit is a parcel or lot in a residential area
that cannot be further subdivided, i.e., in single family
the minimum lot is 80' x 142.5'. The types of improvements
to be assessed on this basis are: Trunk and lateral water,
sanitary sewer, street and storm drainage improvements for
subdivision of residential, industrial and commercial
properties.
3. Front Footage: (short side) Trunk and lateral water,
sanitary sewer~ street and storm drainjge improvements for
subdivision of residential, industrial and commercial
properties.
4. variable Costs:
Driveways and special services.
o
Assessable Costs
1. Contract Costs: Amount paid to contractors (construction
costs*) for constructing the improvements and engineering,
legal, right-of-way and condemnation costs.
*Construction cost is the amount paid to contractors for
o
2.
o
constructing the improvements and cost of first time seal
coating as estimated.
Construction Interest: Cost of financing during time period
of the improvement process starting when the amount paid the
contractor equals the amount paid as escrow (if any) until
the assessment roll is approved by the City Council. The
interest rate will be at the bond rate.
3.
Expenses to be Assessed: Costs incurred by the City in
addition to the contract costs, including advertising,
financing charges, administration, and assessing.
4.
project Cost (total cost of improvements): Total of
contract costs, interest, and expense and work previously
done but not assessed.
o
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;:j,r )/7 /~( Ij- ~1f7VZ/ /L St;-S J"; ~
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o
FACTORS AFFECTING PROJECT COST AND ASSESSMENT RATES
1. Efficient subdivision layout (vs. disorderly tracts)
2. Adequate right-of-way
3. Topography (Depth of Sewer caused by elevation of house
relative to street elevation)
4. Geology (soil and water table conditions)
5. Restoration and/or Landscaping
6. Time Table of project
(when the project start affects the cost due to:
(1) Carrying a project over the winter; and
(2) Interest cost due to longer project period)
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PROJECT TIME SCHEDULE
PETITION:
Council Declare Adequacy, Order report
Receive Report
Public Hearing Process
Plans and Specifications
Bidding Process
Award Bid
5 to 6 months
Construction
Total Time
Assessment Process
3 months
8 to 9 months
2 months
10 to 11 months
2nd meeting in October
2-3 weeks
5 weeks
3 weeks
4 weeks
5 weeks
2 weeks
22 weeks
12 weeks
34 weeks
8 weeks
42 weeks
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SPECIAL ASSESSMENT HEARING PROCEDURE
1. City Attorney Reviews Affidavits and Legal Notice to Ensure Proper
Notice Given
2. Mayor Opens Hearing
3. City Engineer
- Describes Project
Indicates Location in City
- Reviews Project Cost and Assessment
- Presents Assessment Roll
- Discusses Options for Paying Assessment
- Answers Questions
4. Opportunity for Public to Speak
5. City Council Votes on Resolution for Assessment
T- ------.-
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OPTIONS AVAILABLE FOR PAYING SPECIAL ASSESSMENTS
I. Payment in full - First 30 days after adoption of
assessment - no interest.
II. Payment in full - 30 days after adoption and prior to
October 15 - interest charged to date of payment only.
III. Payment of special assessments with tax statement
A. Allow each year's installment to go on tax statement
B. paying of remaining deferred principal in full prior
to October 15, of any year with no further interest
being charged.
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"ANDOVER"
SPECIAL ASSESSMENTS
PROJECT:
FEASIBILITY STUDY:
Date
CONTRACT AWARD:
Date
CONTRACT COST
ENGINEERING COST $
AERIAL MAPPING (1% OF ST&SD) $
DRAINAGE PLAN (0.3%) $
CONDEMNATION COSTS $
ADMINISTRATION (3%) $
ASSESSING (3%). $
BONDING (5%) $
LEGAL $
ADVERTISING $
CONSTRUCTION INTEREST % $
(INTEREST PAID ON BOND~
FROM TO MOS.
FUNDED INTEREST
(INTEREST ASSESSED)
FROM TO
% $
MOS.
TOTAL EXPENSES
TOTAL COST
TRUNK SOURCE AND STORAGE
WORK PREVIOUSLY DONE
CITY SHARE
SUBTOTAL
TOTAL TO BE ASSESSED
$
Amount
Amount
$
$
$
$
PREPAYMENT AGREEMENT
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This agreement made and entered into this
day of
1988, by and between the city of Andover, a municipal corporation,
hereinafter referred to as "City", and
hereinafter referred to as "Developer".
WITNESSETH:
Developers are the owners and developers of
located in the City of Andover.
Improvements are being constructed under City of Andover project
No. Most of the improvements have now been installed and
it is anticipated that the project will be completed within a very
short period of time. The assessment of the project to the
benefitting properties will be accomplished by the City in the near
future. Developer has indicated that he desires to sell lots before
the assessments against the lots are levied. Developer has requested
that the City estimate the amount of assessments to be placed against
the lots within the above addition and that the City accept payment
from Developer of the amount so estimated as full payment for
assessments against said lots for Project No.
Because the City feels that the amount of the assessments can be
fairly and accurately estimated at thi~ point, the City is willing to
cooperate with Developer in estimating the amount due for pending
assessments.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. The City estimates that the assessments to be levied against
c:> the following lots for improvements for Project No. are as
follows:
All lots included in (name of development)
$ each lot
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2. IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY DEVELOPERS THAT
THIS AGREEMENT COVERS ASSESSMENTS FOR PROJECT NO. ONLY AND
THAT THERE MAY BE OTHER EXISTING LEVIED ASSESSMENTS AGAINST THE LOTS.
IF ANY LEVIED ASSESSMENTS ARE IN EXISTENCE, THEY ARE IN ADDITION TO
THE PENDING ASSESSMENTS COVERED BY THE AGREEMENT.
3. Developer agrees to pay the City the sum of the pending
assessments listed in Paragraph 1. Following determination of actual
assessments relative to the projects described in paragraph 1 above,
Developer agrees to pay the actual assessment for that project in lieu
of the estimated assessment as to that project provided herein.
4. Upon receipt of the payment, the City will certify the
payment in full of all pending assessments for Project No.
for the appropriate lot.
5. Upon determination of the actual assessments, the City will
advise Developer of the exact amount of assessments against the lots
contained in (name of developement) Addition as listed above. If
the amount of the assessments exceeds the payments made by the
Developer, the excess payable will be paid by Developer to the City
within 30 days after notice of the amount payable. If the amount of
the assessment is less than the amount paid by Developers, the excess
payable will be refunded to Developer.
6. Developer further agrees that the security agreement
previously furnished can be used as additional collateral for this
c:. agreement.
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In witness whereof the parties hereto have executed this
agreement as of the day and year first above written.
Approved as to form:
William G. Hawkins-City Attorney
CITY OF ANDOVER
By:
James E. Schrantz - City Admin.
(Developement Company)
By:
Its:
By:
Its:
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DEVELOPMENT CONTRACT
THIS AGREEMENT made this day of
19 , is by and between the City of Andover, a municipal corpora-
tion organized under the laws of the State of Minnesota, hereinafter
referred to as the "City", and
a partnership, hereinafter referred to as the "Developer~.
WHEREAS, the Developer has made application to the City Council
for a plat of land within the corporate limits of the City proposed
as (developement name) , hereinafter called "Subdivision"; and
WHEREAS, the Developer has requested the extension of certain
City improvements to serve the proposed addition of
; and
WHEREAS, said City Subdivision Ordinance and Minnesota Statute
462.358 authorized the City to enter into a performance contract
secured by a bond, cash escrow or other security to guarantee
completion and payment of such improvements following final approval
and .recording of final plat; and
WHEREAS, Minnesota Statute 429 provides a method for assessing
the cost of such improvements to the benefited property.
. NOW, THEREFORE, in consideration of the mutual promises of the
parties made herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
1. IMPROVEMENTS. In accordance with the policies and ordin-
ances of the City, the following described improvements (hereinafter
collectively called the "Improvements"), as referenced in the plans
c:. and specifications adopted by the City Council shall be constructed
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and installed by the City to serve the Subdivision on the terms and
conditions herein set forth:
a) Street grading, graveling and stabilizing, including
construction of berms and boulevards (hereinafter called
"Street Improvements"). All rough grading on the plat
shall be done by the Developer at his expense.
b) Storm sewers, when determined to be necessary by the City
Engineer, including all necessary catch basins, inlets and
other appurtenances (hereinafter called "Storm Sewer
Improvements")
c) Sanitary sewer laterals or extensions, including all
necessary building services and other appurtenances
(hereinafter called "sanitary Sewer Improvements")
d) Water main laterals or extensions, including all necessary
building services, hydrant, valves and other appurtenances
(hereinafter called "Watermain Improvements")
e) Permanent street surfacing, including concrete curb and
gutter (Hereinafter called "Permanent Street Improvements")
f) Standard street name signs at all newly opened intersections
(hereinafter called "Traffic Signing Improvements"). Custom
street signs may be used in place of standard street signs
if requested by the Developer and subject to the approval of
the City.
2. WARRANTY OF DEVELOPER. The Developer hereby warrants and
represents to the City that as an inducement to the City'S entering
into this agreement, the Developer's interest in the Subdivision is as
fee owners.
3. IMPROVEMENTS.
(A) CONSTRUCTION PROCEDURES. All such improvements set out in
Paragraph 1 above shall be instituted, constructed and financed as
follows: The City shall commence proceedings pursuant to MinnesQta
Statute 429 providing that such improvements be made and assessed
c:> against the benefited properties. After preparation of preliminary
plans and estimates by the City Engineer, and improvement hearing, if
required by law, will be called by the City Council for the purpos~of
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ordering such improvements. After preparation of the final plans and
specifications by the City Engineer, bids will be taken by the City
and contract awarded for the installation of improvements under the
City's complete supervision.
(B) SECURITY, LEVY OF SPECIAL ASSESSMENTS AND REQUIRED PAYMENT
THEREFOR. Prior to the preparation of final plans and specifications
for the construction of said improvements, the Developer shall provide
to the City a letter of credit equal to fifteen (15%) per cent of the
total estimated cost of said improvements. That such estimated cost
is and no/100
Dollars. City may draw upon said letter of credit, at its discretion;
for any default under the terms of this contract including but not
limited to the default by Developer iri the payment of special
assessments pursuant hereto, whether accelerated or otherwise. That
said letter of credit shall remain intact until all of the outstanding
assessments against the property are paid in full. The entire cost
of the installation of such improvements, including any reasonable
engineering, legal and administrative costs incurred by the City,
shall be assessed against the benefited properties within the
Subdivision in ten (10) equal annual installments with interest on
the unpaid installments at a rate not to exceed the maximum allowed
by law.
All special assessments levied hereto shall be payable to the
City Clerk in semi-annual installments commencing on April 15, 19
and each April 15th and September 15th thereafter until September 15,
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19 , when the entire balance plus accrued interest shall be due and
payable in full unless paid earlier pursuant to paragraph (C) herein.
In the event any payment is not made at maturity as provided herein,
.
tpe City may exercise its rights pursuant to Paragraph (D) hereof:
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(C) REQUIRED PAYMENTS OF SPECIAL ASSESSMENTS BY DEVELOPER.
Developer, its heirs, successors or assigns hereby agrees that
within thirty (30) days after the issuance of a certificate of
occupancy on any of the property located within this subdivision
which is assessed for the cost of such improvements, the Developer,
its heirs, successors or assigns, agrees at its own cost and expense
to pay the entire unpaid special assessments. If not paid, the City
shall have the right to pay such special assessments by draw on said
letter of credit.
If a certificate of occupancy for a lot is issued before the
special assessments have been levied, the Developer shall pay within
said thirty (30) day period the City the sum of cash equal to the
Engineer's estimate of the special assessments for such improvements
that would be levied against such property. The Developer shall be
liable to the City for any deficiency and the City shall pay to the
Developer any surplus arising from the payment based upon such
estimate.
(D) ACCELERATION UPON DEFAULT. In the event Developer violates
any of the covenants and agreements herein contained and to be
performed by the Developer, or fails to pay any installments of any
special assessments levied pursuant hereto, or any interest thereon,
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when the same is to be paid pursuant hereto, the City, at its option,
in addition to its rights and remedies hereunder, after (10) ten days'
written notice to the Developer, may declare all of the unpaid special
assessments which are then estimated or levied pursuant to this
agreement due and payable in full, with interest. The City may seek
recovery of such special assessments due and payable from the
security provided in Paragraph (B) hereof. In the event that such
.
security is insufficient to pay the outstanding amount of such spe~ial
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assessments pl~s accrued interest the City may certify such
outstanding special assessments in full to the County Auditor pursuant
to Minnesota statute 429.061, Subd, 3 for collection the following
year. The City, at its option, may commence legal action against the
Developer to collect the entire upaid balance of the special
assessments then estimated or levied pursuant hereto, with interest,
including reaionable attorney's fees, and Developer shall be liable
for such special assessments and, if more than one, such liability
shall be joint and several. Also, if any payment is not made by the
Developer pursuant to this agreement the City, at its option, may
refuse to issue building permits to any of the property within the
plat on which the assessments have not been paid.
4. DEVELOPER'S IMPROVEMENTS.
(Al Developer agrees to perform and complete all grading and
other improvements required to be constructed by Developer as a part
of the preliminary and final plat approval of the City. Developer
shall post as security for the completion of such improvements of the
sum of ($
Dollars with the Andover City Clerk. Upon satisfactory completion of
such Developer Improvements such security deposit shall be returned to
Developer, without interest. In the event the Developer fails to
complete such Improvements, the City shall have the right to use such
security deposit to complete same at Developer's expense. If such
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,
deposit is insufficient Developer shall pay such additional cost to
the City upon demand. Futhermore the City shall be entitled to
withhold building permits on lots within the plat until such
improvements have been completed.
5.
RELEASE.
The Developer agrees that the terms of this
.
~
Development Contract shall be a covenant on any and all property ,
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included in the plat of
The developer
agrees that the City shall have the right to record a copy of this
Development Contract with the Anoka County Recorder to give notice to
future purchasers and owners. City shall provide to Developer upon
payment of all the special assessments levied against a parcel a
release of such parcel from the terms and conditions of this
Development Contract.
6.
REIMBURSEMENT OF COSTS.
The Developer agrees to fully
reimburse the City for all costs incurred by the City including, but
not liminted to, the actual costs of construction of said improvments,
engineering fees, legal fees, inspection fees, interest costs, costs
of acquisition of necessary easements, if any, and any other costs
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incurred by the City relating to this Development Contract and the
installation and financing of the aforementioned improvements.
7.
SALE, RENTAL, OR OCCUPATION OF PREMISES.
The Developer,
its heirs, successors or assigns, agrees that it will not cause to be
occupied any premises constructed upon property within the plat until
the City has approved the construction of the internal sewer and water
systems serving the plat.
8.
REIMBURSEMENT OF COSTS FOR DEFENSE.
The developer agrees
to reimburse the City for all costs incurred by the City in defense of
enforcement of this contract, or any portion thereof, including court
costs and reasonable engineering and attorneys' fees.
9.
VALIDITY.
If any portion, section, subsection, sentence,
10.
GENERAL.
.
(A)
BINDING EFFECT.
The terms and provisions hereof shall be
.
binding upon and insure to the benefit of the heirs, representatives,
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successors and assigns of the parties hereto and shall be binding upon
all future owners of all or any part of the Subdivision and shall be
deemed covenants running with the land.
(B)
NOTICES.
Whenever in this agreement it shall be required
or permitted that notice or demand be given or served by either party
to this agreement to or on the other party, such notice or demand
shall be delivered personally or mailed by United states Mail to the
addresses hereinafter set forth by certified mail (return receipt
requested). Such notice or demand shall be deemed timely given when
delivered personally or when deposited in the mail in accordance with
the above. The addresses of the parties hereto are as follows, until
changed by notice given as above:
If to the City at:
Andover City Hall
1685 Crosstown Boulevard N.W
Andover, MN 55304 '
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If to the Developer at:
(C)
FINAL PLAT APPROVED.
The City agrees to give final
approval to the plat of the Subdivision uPQn execution and delivery of
this agreement and of all required petitions, bond and security.
(D)
INCORPORATION BY REFERENCE.
All plans, special
provisions, proposals, specifications and contracts for the
improvements furnished and let pursuant to this agreement shall be and
hereby are made a part of this agreement by reference as fully as if
set out herein in full.
CITY OF ANDOVER
DEVELOPER
0 By: By
Mayor
its:
By: ATTEST:
its: By .,
Clerk
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,
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STATE OF MINNESOTA)
)
COUNTY OF ANOKA )
ss
On this
, 19
, before me, a
day of
Notary Public within and for said County, personally appeared Jerry
Windschitl and Victoria Volk, to me known to be respectively the Mayor
and Clerk of the City of Andover, and who executed the foregoing
instrument and acknowledged that they executed the same on behalf of
said City.
Notary Public
STATE OF MINNESOTA)
)
COUNTY OF ANOKA )
ss
On this
- , 19
, before me, a
day of
Notary Public within and for said County, personally appeared
and
, to me known
to be respectively under partners of
, a
partnership under law of the State of Minnesota, and that they
executed the foregoing instrument and acknowledged that they executed
the same on behalf of said partnership.
Notary Public
This instrument was drafted by:
Burke and Hawkins
299 Coon Rapids Boulevard, #101
Cooo_Rapids, MN 55433
4
-4
.
;)
76-78R
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j I oJ?
+-.;5/IcJvz..-.o i1-/1~ tJe ut'tJ..p",:, ,
+ / s r-IIJiY!.c- ,.y,;nJ Lt:~/J "-J/, ;".1
A RESOLUTION PROVIDING FOR THE DEFERMENT OF SPECIAL
ASSESSMENTS FOR PERSONS 65 YEARS OF AGE OR OLDER FOR WHOM
IT WOULD BE A HARDSHIP TO MAKE PAYMENTS.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
No. R:78-6
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WHEREAS, Minnesota Statutes authorize the City of Andover
upon proper application, to defer the payment of special assessments against
any homestead property owned by a person 65 years of age or older on
January 1 of the payment year and for whom it would be a hardship to
make the payments, and
WHEREAS, the City Council has determined that the deferral of
assessments should be granted to any person otherwise qualified who shall
make proper application claiming that the annual principal and interest
due on an assessment is in excess of 2..1 /2% of his current annual income
and, therefore, a hardship for him. The proper application form shall be
provided by the City. Any homestead parcel with an Assessor's Market
Value in excess of $65,000 shall not qualify.
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NOW, THEREFORE, BE IT RESOLVED, by the Andover City Council
that special assessments against any homestead property owned by a person
65 years of age or older for whom it would be a hardship to make the payment
be deferred subject to the aforementioned income and property value conditions
upon submission of the appropriate application signed by the qualified person.
,
" -'--.....
FUR.THER BE IT RESOLVED that an interest rate of 6% be applied
to the principal and interest of the assessment to be deferred and shall be
payable in accordance with the terms and provisions of Minnesota Statutes.
FURTHER HE IT RESOLVED that the right of deferment is
automatically terminated as provided under Minnesota Statutes.
FURTHER BE IT RESOLVED that applications for deferments for
a particular year must be submitted by October 15 of the preceeding year.
FURTHER BE IT RESOLVED that a copy of the current Minnesota
Statutes relative to deferred assessments for senior citizens is made a part
of this resolution by reference. "
Adopted by the Andover City Council this 7th day of October
, 1976,
"---'
~cL:~c~
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CITY of ANDOVER
No.
PERMIT FEE:
DATE PAID :
GRADING & FILLING
Applicant's Name
~ePhone Number
) ,
zip code)
Lake, Wetland, Watercourse, Lot
Address (street, city, state,
Govn't Lots
Township Range Lot,Block,Subd.
Section(s
Brief Explanation of Project: grading fi 11 i ng cubic yards
Amount: length (ft) x width (ft) x depth (ft) = cubic yards
Justification:
I
A lterna t i ves:
Impact-Environmental
Erosion Control Measures
,
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.
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CRITERIA FOR APPROVAL OF GRADING AND FILLING PERMIT
1. Grading and filling design preserves or blends with the
natural contours of the land.
2. Trees and other native vegetation are retained to the maximum
extent possible and/or are replaced,following construction.
3. The grading and/or filling shall be directly related (or
accessory) to a permitted or conditional use.
4. The grading and/or filling will not produce visual scars.
5. The grading and/or filling is performed in such a manner to
minimize earth moving, erosion and the destruction of natural
amenities.
6. The smallest amount of bare ground is exposed for as short a
time as feasible, and for no more than one hundred eighty
(180) days.
7. Temporary ground cover such as mulch and netting is used
during the interim before permanent vegetation is
established.
8. Methods to prevent erosion and trap sediment are employed.
9. Fill is stabilized to accepted engineering standards.
10. The Zoning Administrator (or Building Inspector) is notified
of the starting date of work and upon completion.
11. The City shall place certain conditions on time limits and
necessary site restoration, as applicable.
~
INFORMATION TO BE SUBMITTED WITH APPLICATION
1. A vicinity map showing location of the site(s) involved.
2. An site plan showing:
a. the boundaries and dimensions of the property
b. dimension of the area covered by the application
c. buildings, roads, utilities or other improvements
within and adjacent to the area.
3. A map drawn to scale showing:
a. contours at two-foot (2') intervals for slopes
showing topography of the ground to be graded,
filled or cleared, and the topography fifteen (15')
feet adjacent to such area. Elevations to be based
on USGS datum when practicable
o
b. the location of springs, wetland/seepage area, and
areas subject to flooding, if any
c. existing vegetative cover and type
4. Drainage plan showing direction of drainage and
location.
5. . Grading plan including the following:
a. a soil stabilization plan including final ground
cover, landscaping and erosion control
b. erosion control measures to prevent soil loss when
grading is in process
c. schedule including estimated starting and completion
dates
d. materials used in construction
Ie
6. Vegetative screening plan.
7. Surety or Security Bond, in such form and sum as set by
Council Resolution, running to the City, conditioned to
pay the City the cost and expense of:
a. renovating the site to an approved land use in the
event of revocation or said permit by either party.