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HomeMy WebLinkAboutCC July 7, 1987 e ,0 7:30 P.M. CITY of ANDOVER REGULAR CITY COUNCIL MEETING-JULY 7, 1987-AGENDA 1. Call to Order 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Hills of Bunker Lake 1. Preliminary Plat Time Extension 2. Final Plat Approval/2nd Addition 3. Order Improvements and Preparation of Plans & Specs/87-22 4. Pumping Escrow-Phase I 5. Determination of Need for E.I.S. 6. Release Grading Escrow - Phase I b. Petition for Street Improvements/Hawk Ridge/87-23 c. Commercial Lot Split Ordinance/No. 40 d. T. Emmerich Lot Split 5. Staff, Committee, Commission a. Park Board 1. Ordinance 47/Proposed Revision 2. Bids for prairie Knoll Park 3. Bids for Hawk Ridge Park b. Public Works/Purchase Crackseal Machine 1. Sealcoat Plans c. Proposed Addition to City Hall 6. Non-Discussion Items a. Ordinance 8 Amendment/Waste Tires b. Release Bond/Escrow prairie Oaks c. Order Condemnation/Project 87-3 A, B & C d. Order Preparation of Assessment Rolls ,86/3, 87/3 Trunk Watermain/SanitarySewer 86-~6 '.Red Oaks Pond 86-19 Dehn's - Storm Drain 87-13 Oak Bluff/Watermain 87-20 Individual Sewer & Water Connections e. 'Site "Q" Joint Powers Agreement W/Coon Rapids f. CDBG Subgrantee agreement g. Order Bond Sale h. Oak Bluff 2nd/Declare Adequacy of Petition/87-21 i. Approval of Condemnation Awards/86-5/Hanson Blvd. j. Release Escrow/Woodland Meadows k. Final Cost/86-9/Woodland Terrace 1. Approve Plans & Specs/So Coon Creek Dr/87-9 m. Lund's Evergreen Estates 3rd Addn/Final Plat ,- 7. Approval of Minutes 8. Approval of Claims 9. Adjournment DATE: July 7, 1987 o ITEMS GIVEN TO THE CITY COUNCIL JES memo re: Proposed pipeline along BN railroad Signed Law Enforcement Contract Letter from Diane M. Stang Letter from Wm. Hawkins re: Hay vs. Andover updated Ordinance index Copy of Agreement between PCA & Tonson Letter from J. Drawz re: Andover vs. Coon Creek Watershed League of Minnesota Cities memo re: Zoninq Practices Coleen Brady letter re: Conroy property ," -~. ,-,~,~,.' . ~ ", Hoff letterre: Hay vs~ Andover Edward Wallum Letter Handout re: Council vacancy LeFevere Lefler letter re: Minn. Intrastate Transmission Systems June 9 and June 16 Council minutes June 9 & June 23 Planning Commission minutes June 18 Park & Recreation Commission minutes 1986 Audit Report 1987 BUDGET Memo from J.E.S. re: Candidates for City Planner Building Department Report for June 1987 PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. / o THANK YOU. DATE: July 7, 1987 Page 2 o ITEMS GIVEN TO THE CITY COUNCIL District 11 purchase agreement and earnest money Andover Comprehensive Plan Amendment Land Aqusition project 87-3A Hawk Ridge Street Petition c PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. J ... ; WHATS HAPPENING Ja o 1. The Metro Council will be considering Andover's ammendment to our Comprehensive Plan on July 9, 1987. At about 2:00 P.M. the Comprehensive Plan will be before the Development Committee. Then later on, on the 9th, the full Council will review the ammendment. Barb Sennes was nice enough to rush our ammendment, it will go from Committee to full Council on the same day (July 9,1987). 2. We hope to have the information to the satisfy the Council on the Planner so we can have a person here by the 1st of August. Much is to be done on the T.I.F.,CDBG and other projects so we can satisfy the State and Federal requirements. Star City is about a one year effort so I am sure the Planner will be more than busy. 3. The 1987 budget is included-finally back from the printers. It is here just in time to start the 1988 budget (included in this packet). 4. The computer is not here yet!! We had hoped to have the 1988 budget on the computer - this appears to be a setback for us because we were to train in May - looks like we will train in August. Ameri-data has promised to intensify the training and help it go faster. I hope this is not representative of their maintenance. 5. We have received the audit. (enclosed in this packet) We are quite pleased. The revenue is up mainly from new developments. The fund balance shows that their may be some monies available for an addition to City Hall. 1988 may be a different year with the new 3% levey limit we will know in a couple of weeks when we get into the 1988 budget. Page 77 - 97.71% of the levey is collected which is a new high. If you note the deliquent payments, the collection was over 100% in 1986 also a new high- probably caused by large land owners with deliquent taxes developing the land. Also on page 77 the percentage of collection on special assessments is encouraging. o Page 46 - Bond 1976 A&B there is enough cash available to pay off the bonds. The interest is 6.7%, we are not investing for more than that. This would give Andover a revolving Special Assessment fund. Estimate that $100,000.00 would be available in1988 plus $300,000.00 over the next 10 years. Sewer fund "A" will deplete this thru the reduced user rate (approved by the City Council) starting with the July billing. .. ~ WHATS HAPPENING CON'T... o 6. Note information on proposed pipeline. 7. We just received (June 29, 1987) a EAW on the proposed pipe- line project, a copy is in the Engineering office. o o o MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: CITY of ANDOVER City Council James E. Schrantz July 1, 1987 Proposed Pipeline along Burlington Northern Railroad Anoka County held a public hearing concerning the proposed pipeline. Frank Stone from the Public Works Department and Jerry Green as a landowner were at the hearing concerning the pipeline. Frank advised the pipeline people we are drilling a well adjacent to the railroad and there are separation requirements required by the Health Department. The pipeline will be on the east side of the rail- road so this well maY-l'lBt be a problem. Jerry Green has a different map showing the pipeline to be on the west side through the plat. Paul Ruud is the County's pipeline inspector. Attached is the information we have received. o CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Cit Council James E. Schrantz Jul 7 1987 Candidates for City Planner The City Counc~l is requested to discuss and appoint on July 7, 1987 one of the candidates recommended in the following discussion: I will be doing reference checking between now and the meeting on July 7, 1987. Discussion: I have reviewed the many applications for the Planning position and selected (6) six people to interview. Todd, d'Arcy, and myself interviewed the (6) six candidates, -dis- cussed their qualifications and experiences thoroughly and selected (3) three people that will best fill the needs of the City. The resumes have been included for your review. The (3) three best qualified are: Richard P. Schroeder Becky Balk Daryl Morey Richard Schroeder has a Bachelor of Science Degree in Geography and Urban Area Development and Planning f~om University of Wis- consin-Whitewater with a Masters of Art Degree in Urban Studies from Mankato State University. He is currently working as an intern for the City of North Branch, Minnesota where he is getting good experience working with a City and its Planning Commission. o Becky Balk has a Bachelor of Science Degree in Geography and Urban and Regional Studies from Mankato State University. She has the most experience as she has worked for Olmsted County and the City of Rochester as an intern, worked for Region 5 Regional Development Commission, at Staples, Minnesota. Becky worked as assistant City Planner for the City of Mankato, Minnesota and most recent worked as County Planner for Cass County, North Dakota. Becky has worked about 4 of the 8 years since she graduated. Page 2 o Daryl Morey has a Bachelor of Science Degree in Geography from the University of Minnesota and a Master of Urban Planning Degree from the University of Michigan. He currently is a Planning Assistant in the Community Development Department for the City of Fridley. o o CITY OF ANDOVER REQUEST FOR COUNCIL ACfION July 7,.1987 DATE ORIGINATING DEPARTMENT Administration APPROVED ~ AG'NDAD~ BY: (; ~ AGENDA SECTION NO. HANDOUT ITEM NO. o BY: Vicki Volk Following are the names of those persons who have applied for the vacancy on the City council: Roger K. schurke Maynard Apel Todd W. Smith Marc McMullen Karen Peterson Frank G. padula William F. LeFebvre Don Jacobson Steven M. St. Hilaire Attached are the applications from the above people. The Council scheduled a special meeting for July 15th to select the new Councilmember. Does the council wish to interview all of the applicants on that night, prior to that night, or not interview at all? To fill a vacancy, the Council shall pass a resolution naming the appointee and the office to which he is being appointed. This must be done by a majority of the Council. If the vote results in a tie, the mayor may make the appointment without council approval. In so doing, any eligible person may be selected for the position; the mayor's choice is not restricted to those persons whose appointment was considered by the council. Such an appointment should be made in writing and filed by the mayor with the City Clerk. (Taken from the League of Minnesota Cities handbook.) COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 7, 1987 ITEM NO. Andover Comprehensive Plan Amendment BY: James E. Schrantz APPO':/OVME.. D FOR AGEl lA l BY"j) 17 AGENDA SECTION NO. Handout ORIGINATING DEPARTMENT Engineering . The City Council is requested to discuss the request that Metro Council has made to exclude the land, in Hills of Bunker Lake concept plan, east of the railroad tracks in the year 2000 plan. The item is on the Committee agenda on July 9th. Metro Council report attached. COUNCIL ACTION MOTION BY o TO SECOND BY METROPOLITAN AND COMMUNITY DEVELOPMENT COMMITTEE MEETING ..,....'.'....."...\ ,~::I t\6fl r:.lD....,..:.'.....:.::..~,..' t:::II NOTE CHANGE OF TIME Thursday, July 9, 1987 2:00 p.m. Council Chambers R EC EI V ED I JUL 6 19871 CITY OF ANDOVER AGENDA I. Approval of Agenda II. Approval of Minutes of June 11, 1987 III. Approval of Minutes of June 18, 1987 IV. Report on Nutrition Services for Older People Discussion Action 7D cc 7)7/n Sally Evert, Chair Task Force V. Starwood Music Center EAW, Shakopee, Metropolitan Council Referral File No. 13955-2, Council District 7 Discussion Action Barbara Senness //:]- / (___~I . Andover Plan Amendment, Metropolitan Council Referral File 14206-1, Council District 9 Discussion Action Barbara Senness VII. Arts Biennial Plan Discussion Action Pat Cummings, Chair Advisory Committee VI I I. MCHRF Background Discussions, Housing and Long-Term Care Discussion Joanne Barron Hal Freshley o Suite 300 Metro Square Building, Saint Paul, Minnesota 55101 (612)291-6359 TDD 291-0904 , . ~l>'~' ;~ ~., ;.i 1',-,;< ~._~ ',-' to. ; r""I-~'" o ,,\ ~ (.~-J, '''I . .") "~" ;~ .. ;> ....~.i. ...~ .-.....c: :} '~ '..: -"!t' itt !.$ -! ~- o o ~ l ,.. < ~ # o MET R 0 POL I TAN C 0 U N C I L 300 Metro Square Building, Saint Paul, Minnesota 55101 DATE: July 1, 1987 TO: Metropolitan and Community Development Committee FROM: Long Range Planning Program (Barbara Senness) SUBJECT: City of Andover Comprehensive Plan Amendment Expand Municipal Services Beyond Current Service Boundary Metropolitan Council District 9 Metropolitan Council Referral No. 14206-1 AUTHORITY TO REVIEW o The Metropolitan Land Planning Act of 1976 requires that amendments to local _ comprehensive plans be prepared and submitted to the Metropolitan Council for review and adopted in the same manner as the original plans (Minnesota Statutes 473.864, Subd. 2, 1978). Guidelines adopted pursuant to Minnesota Statutes 473.864 for reviewing proposed amendments provide for a 90-day review period for amendments potentially affecting one or more of the metropolitan systems, and a 60-day review period for amendments that do not have a potential impact on metropolitan systems. Andover submitted its proposed amendment on May 20, 1987. On June 2, 1987, the Chair determined that the amendment presented a potential impact on the metropolitan sewer system; therefore, the 90-day review period applies. The 90-day deadline for review of the amendment is August 18, 1987. DESCRIPTION OF PLAN AMENDMENT The city of Andover is proposing to add 252 acres of undeveloped land to its urban service area to allow development of an elementary school on a site located in the rural portion of the community. Although not a part of the amendment per se, the city has included several areas within the existing urban service area that were not part of the service area included in the comprehensive plan reviewed under the Land Planning Act. BACKGROUND o Andover staff contacted the Council staff in the spring of 1987 to discuss a request by the Anoka-Hennepin School District for municipal sewer to serve a proposed elementary school site located in the city's rural area. Although it did not appear that Andover needed additional land within its service area to meet forecasted growth, the city indicated that the school district could not find a suitable site within the existing urban service area. Consequently, Council staff suggested that the city identify a minimum corridor of land that could be added to the urban service area to connect the current service boundary with the proposed school site. ANALYSIS / 0'~A"'C'-f- I"j, . (-".J.'i- ,-,'V --+--() ec: .;() li/'" !li/; -r r-t- / l /35~/)) , (:/, )" , 2 ~ ~ ~ , The following analysis addresses Metropolitan Development and Investment Framework, sewer, transportation and housing issues. o Metropolitan Development and Investment Framework The framework classifies the southern part of Andover as a developing area and the remainder as general rural use area. The 1980 Census recorded 9,387 persons and 2,469 households in Andover. The Council has forecasted that Andover will add another 3,600 persons and 1,330 households by 1990. In 1986, the Council estimated Andover's population and households at 11,281 and 3,163, respectively. These figures indicate that Andover is growing at about the same rate as the Council forecasted. Consequently, the Council's land supply and demand figures for Andover should be an accurate reflection of the city's needs. The Council projected a total land demand plus overage of 1,137 acres for Andover for the period from 1980 to the year 2000. From 1980 through March, 1987, Council staff estimates that a little more than 500 acres were developed for residential use. As of March, 1987, Andover had approximately 896 acres of undeveloped land remaining within its urban service area. This includes 1,328 platted, but undeveloped lots on about 630 acres of land. The city is proposing to add 252 undeveloped acres in the corridor that includes the elementary school site for a total of 1,148 acres of undeveloped land. in itsO Of the land within the current urban service area, one parcel is limited development potential according to the comprehensive plan. The plan states that only 90 of the 180 acres shown as Area A on Attachment A will be sewered between 1980 and 1990. The plan further states that the selected 90 acres will be defined by plan amendment as development takes place. However, the plan amendment shows the entire 180-acre parcel now within the service area. The amendment also shows Areas B, C and D on Attachment A as part of the service area. Areas Band Care sewered and partially developed. Area D has sewer at the border and is platted at urban densities. Actual development of this area may be restricted by the Minnesota Pollution Control Agency because of contamination from an adjacent tire dump. Andover has left an island of rural land within its urban service area (refer to Area E on Attachment A). This entire area is a DNR-protected wetland. The city's sanitary sewer plan map also shows an area that extends beyond the proposed 252 acre addition to the urban service area as part of a preliminary plat (see Area F on Attachment A). City staff has indicated that this entire area is being platted at urban densities even though the city is proposing to add only part of the plat to the urban area at this time. Sewers In 1986 Andover had a sewage flow of 0.31 mgd, far below the Council's 1990 projection of 0.93 mgd. Although this seems unusual since the city has grown 0 at about the same rate as the Council forecast, the difference is accounted for' by the Council's projection of sewered households. The sewer policy plan projected that a much higher proportion of Andover's then existing and future development would be sewered than has actually occurred. In other words, the !::/~~:- /;- )~/-: - -;:--p-- I. 3 . o city has connected many fewer existing homes to the municipal system than projected and it has allowed a greater amount of development outside the urban service area. Since Andover is not using as much regional capacity as originally forecast, the Council's year 2000 projections will reflect actual usage plus Council- forecasted growth. The projection will likely be in the range of 0.42 to 0.54 mgd. Transportation Although the expansion of Andover's urban service area should not have any direct impacts on the metropolitan highway system, the city's thoroughfare plan shows several "future minor arterials and collectors." These functional classification changes would need to be reviewed by the TAC's Transportation System Planning Subcommittee. Housing This amendment proposes a substantial addition of land and potential new housing in Andover. If the amendment is found to be consistent with other regional pOlicies, the city should also proportionately increase its goals for providing opportunities for low- and moderate-cost and modest-cost housing. FINDINGS AND CONCLUSIONS o 1. Andover is growing at about the same rate as the Council has forecasted. 2. Based on Council forecasts, Andover has a sufficient supply of land within its existing urban service area to meet its needs to the year 2000 without adding the 252 acres requested in this amendment. 3. No suitable site for a new elementary school exists within the current Andover urban service area. The city needs to add a minimum of 150 acres of urban land to provide a corridor to extend sewer to the proposed school site. 4. By showing all of the 180-acre parcel identified as Area A on Attachment A as part of its existing urban service area, Andover has acted in conflict with the comprehensive plan the Council reviewed and adopted under the Land Planning Act. 5. Andover has added three other areas (Areas B, C, and D on Attachment A) to its urban service area. Areas Band Care sewered and partially developed. The city provided sewer service to these areas without formally amending its comprehensive plan. Area D has not been sewered yet and development of this area may be delayed for environmental reasons. 6. Andover should add the wetland area (Area E on Attachment A) to its year 2000 urban service area. Because this area is not developable, the Council will not include the acreage in the city's available land supply. o 7. Andover's sanitary sewer plan map includes a preliminary plat at urban densities located partially in the area covered by the proposed amendment and partially in the rural service area which would indicate that there is the potential for additional urban development in the rural area. 4 8. Andover has not connected as much existing development to municipal sewers as the Council forecasted in the sewer policy plan. In addition, Andover has allowed a higher than forecast growth in its rural area. As a result, the Council plans to substantially reduce the city's flow projections for the year 2000 in the revisions to the sewer policy plan. :C.~ 9. The 252-acre addition to Andover's urban service area would not have a substantial impact on the regional sewer system. Given the anticipated range of flow projections for the year 2000, the addition does not represent a substantial departure from the system plan. 10. Andover should submit any minor arterial and collector classification changes to the TAC's Transportation System Planning Subcommittee. 11. The addition of land to an urban service area should trigger proportionate increase a city's goals for providing opportunities for low- and moderate- cost and modest-cost housing. RECOMMENDATIONS That the Metropolitan Council inform the city of Andover that: o 1. The Council will approve this amendment a) when it receives a modification designating only 90 of the 180 acres labelled Area A on Attachment A as part of the year 2000 urban service area and b) contingent on the Anoka- Hennepin School District commencing construction of a school within the <::) proposed addition to the urban service area. 2. The Council is making no commitment to provide regional sewer service to the area platted at urban densities located outside the city's urban service area. 3. The city should proportionately increase its goals for providing opportunities for low- and moderate-cost and modest-cost housing. BGS161, PHLPA1 t...... o ) t j ATTACHMENT A .. ~ -~-,~ ;} r(", - - 0-. '~ ,/7 7i~-T " ... . j__a '~i' "I-n Ifl ['#./.. ~~~~ ;:L~' ,~, -}f:~~ ~ ~,_n ~ ~ --- _;.~~\ ~~~ '\ ' i::: ,.....,.- I- i_n ,.~-::'_- \' 1___ . l 1- , , .,.' 1---- tK.. - ~ ~J-; _.- J! ) L '-, -J==: r , ZOHIHe MAP LlGl!MD 0-' -- ..... -.- ...., --- ..... --- 0-( -- -, --- . - -- .. -- sc -- G' -- LI -- Gl -- GO --- --/// --- CITY 0' . .- 1-.- \' --- --- 1-.- j_n -- ANDOVER ~. p ...___Of~CM"c.-.'ft.~ 0-- _.... __...........a-... ITIT:: m ------ --- ----- --- --- ANDOVER, MINNESOTA ~ '2.l?2 - AC,H AWl11b~ 1Zl ':7t,""I'€' J>.Jo.E'" ,2000 URBAN SERVICE AREA 636 MAY 1987 c o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Handout ITEM Dlstrlct 11 purchase NO. Agreement and earnest Money DATE July 7, 1987 ORIGINATING DEPARTMENT Engineering BY: James E. Schrantz FOR The City Council is requested to approve the purchase agreement and accept the check for the earnest money in the amount of $2,500.00. The sale is in the amount of $50,000.00 or $2,500.00 per acre for 20 acres. COUNCIL ACTION MOTION BY TO SECOND BY Jf o o BABCOCK, LOCHER. NEILSON & MANNELL..I ATTORNEYS AT LAW 118 EAST MAIN STREET ANOKA. MINNESOTA 155303 (TELl (612) "21'''1''1) EDMUND P. BAJKX)CK LANDOL J. LOCHER JAMES M. NEILSON FELIX A. MANNELLA ROBERT F. MANNELLA WILLIAM D. SCHUTTER GARY T. LAFLEUR THOMAS D. MorTAZ JOHN E.OLMON THOMAS A. KLINT STEPHEN J. NASH GREGORY J. HELLINGS COLEEN J. CARLBTEDr-JOHNSON DEBORAH L. COTTON RANDALL J. FULLER June 24, 1 987 Mr. James Schrantz city of Andover 1685 N.W. Crosstown Boulevard Andover, MN 55304 RECEIVeD I JUN 25 198~ CITY OF ANDOVER NORTHTOWN OFFtCE NORTHTOWN CENTER 117 NORTHTOWN DRIVE BLAINE. MN. 5M34 TEL: (612) 786..02lK} BROOKLYN PA~K OFFlCE VILLAGE NORTJI CENTER 7621 BROOKLYN BOULEVARD BROOKLYN PARK. MN.:55443 TELl (612) 566-7118 o ((, 7/7/g7 As attorney for Anoka-Hennepin Independent School District No. 11, I enclose the following: 1. Purchase Agreement as executed by the District relating to part of the South Half of the Southeast Quarter of Section 22. 2. Check for earnest money from the School District to the Ci ty of Andover for $2,500. If you determine that the Purchase Agreement is in proper form, have it executed and return one executed copy to me. Do not release the earnest money check for deposit until you have had the agreement executed and mailed to me. If changes in the agreement are necessary, please give me a call. ~&~~ E. P. Babcock EPB:dc Enclosures cc: Mr. Thomas Bergstedt 2 3 0 4 " 6 R 9 0 , " 3 ," 16. , 7 13 1;'1 If, ".' 2:~ 23 24 25 2'0 27 28 2~) 3,) 3' 32 33 34 35. : ~ ,'-. jl. 38 30 '-10 .';'1 4' 43 t,4 45 46 47 48 49 50 51 :-.L 5.: ~)::;. sri ~Yi' ~'l? ,-;,-, U' 61 62 t~L 67 68 ~q 71 n o No. 1517A MILLER/DAVIS Co. Minntll.poli..MN DO NOT COPY Subject to Copyrill'ht Laws WHITE.Office Copy YELLOW.Buyer'. Copy GREEN.Seller'a Copy PINK.Buyer'a Receipt STANDARD PURCHASE AGREEMENT Coon Rapids . Minnesota June 22 . 19 ~ RECEIVED OF Anoka-Henneoin Independent School District No. 11 the.umof Two Thousand Five Hundred and no/l00 --------------- Oollars($ 2,500,00 by oheckq! E s,,'~ 'li'-'." as earnest money to be deposited the next business day after acceptance in trust account of listing broker (unless otherwise specified in writing) and in part payment for the purchase of the premises legally described as SEE REVERSE SIDE located at (Street Address) City of Andover . County of Anoka . State of Minnesota, including all plants. shrubs and trees. all storm windows and/or inserts, storm doors. screens, awnings. window shades, blinds. curtain- tra.ve~.se=-drapery rods. attached lighting fixtures with bulbs, plumbing fixtures, water heater, heating system. humidifier, central air conditioning, ,e~ctronic air filter. automatic garage door opener with controls. water softener, cable television outlets and cabling, BUILT-INS to include: di~hwasher, garbage disposal. trash compactor, oven(s). coo~top stove, microwave oven, hood-fan, intercom, installed carpeting. IF ANY, 100000ted on the premises which are the property of Seller an~.r-lso the followi~rrsonal property: all of which property Seller has this day sold to Buyer for the sum of: $ 50 J 000. 00 Fifty Thousand and no/l 00 __________________________________________d__.,.___________ Dollars, which Buyer agrees to pay in the following manner: Earnest money of $ 2 1500.00 $ 47,500.00 cash on or before August 1 7, 1 987 ~xxxxxxxxxxxxxxxxxxxxx~~~~~~: and , the date of closing, ~tJa1~x JIl~_ll'lIXlQQQPAll&lfMll-'I!~-l!~/fll!~ SYBJECT TO performance by Buyer, Seller agrees to execute and deliver a Warranty Deed, to be joined in by spouse, if any, conveying marketable title to the premises subject only to the following exceptions: (1) Building and zoning laws, ordinances. State and Federal regulations. (2) Restrictions relating to use or improvement of the premises without effective forfeiture provision. (3) Reservation of any minerals or mineral rights to the State of Minnesota. (4) Utility and drainage easements which do not interfere with present improvements. (5) Rights of tenants. if any. REAL ESTATE TAXES Seller agrees to pay --1L /12ths and Buyer agrees to pay ~ / 12ths of taxes due and payable in the year 19 a1... Seller agrees to pay ---1.L / 12ths and Buyer agrees to pay ~ / 12ths of annual installment ~f special assessments due and payable in the year 19 87. Sel'ler agrees to . pay<; on the date of closing all special assessments levied and pending. Buyer shall pay taxes due and payable in the year 19 .a.a and any unpaid installments of special assessments payable therewith and thereafter. Seller warrants that taxes due and payable in the year 19~ will be ~fl!'~ "",,: "Oil :;,.,..non., homestead classification. Neither Seller nor Seller's Agent makes any representation concern~ng the amount of future real estate taxes. WARRANTIES Seller warrants that buildings, if any. are entirely within the boundary lines of the premises. Seller warrants that all appliances, heating and air conditioning, wiring and plumbing used and located on the premises are in proper wortdng order on date of closing. Buyer has right to inspect premises prior to closing. Buyer shall satisfy himself/herself at his/her expense that all appliances; heating and air conditioning. wiring and plumbing are in proper working order before closing. Seller warrants that the premises are connected to: city sewer Dyes. 0 no; city water 0 yes. 0 no. If the premises are destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void at Buyer's option, and the earnest money shall be refunded to Buyer. POSSESSION Seller agrees to deliver possession not later than date of closing. All interest, city water and sewer charges, electricity and natural gas charges. fuel oil and liquid petroleum gas shall be pro-rated between the parties as of d.ate of C10S1nQ . Seller agrees to remove all debris and all personal property not included herein from t!1e premises before possession date. TITLE S.tEXAMINATlON Seller shall, within a reasonable time after acceptance of this agreement, furnish an Abstract of Title. or a Registe~e(j Property Abstract. certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens. Buyer shall be -allowed 10 business days after receipt for examination of title and making any objections. which shall be made in writing or deemed waived.lfanyobje.ction is so made, Seller shall be allowed 120days to make title marketable. Pending correction of title, payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform this agreement according to its terms. If title is not corrected within 120 days from the date of written objection, this agreement shall be null and void. at option of Buyer. neither party shall be liable for damages hereunder to the other. and earnest money shall be refunded to Buyer. DEFAULT If title is marketable or is corrected within said time, and Buyer defaults in anyof the agreements herein, Seller may terminate this agreement, and on such termination all payments made hereunder shall be retained by Seller and Agent, as their respective interests may appear. as liquidated damages, time being oftheessence hereof. This prC'Vision shall not deprive either partyoftherightof enforcing the specific performance of this agreement, provided this agreement is not terminated and action to enforce specific performance is commenced within six months after such right of action arises. In the event Buyer defaults in his performance of the terms of this Agreement, and Notice of Cancellation is served upon the Buyer pursuant to MSA 559.21, the termination period shall be thirty (30) days as permitted by Subdivision 4 of MSA 559.21. ACCEPTANCE Buyer understands and agrees that this sale is subject to acceptance by Seller in writing. Agent is not liable or responsible on account of this agreement, except to return or account for the earnest money. AGENCY DISCLOSURE ~,.,','r stipulates he or she Is represenllnG the in this tranuctlon. The listing agent or broker stipulates he or she Is representing the seller In this tranl;8ctlon. I. the ~wner of the premises. accept this the sale.~hereby made. City of Andover 1 J SELLER Bv agreement and I agree to purchase the premises for the price and on the terms and conditions set fonh above. ~ ~ Md~m ~~ t~.ll :;:~' = .' Its Cleri< . Its Mayor 74 SELLER Bv Its Clerk Delivery of all papers and monies shall be made at the office of: BABCOCK,LOCHER,NEILSON&MANNELLA ~.tteYney.3 ....L C......, 118 East Main Street, Anoka. MN 55303 THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD. SEEK COMPETENT ADVICE. Company Selling Agent Zip Address City 1 -':'7~...:f..::~.~~;~J:~-:~:'~~~~~~~~~'i'.,!,;"~~~'?7~:::~-.~;;:~~':;:.:..-:.~ .";:-;hk?~~~;;~:~;:.; .:,' x:.. ~:~:;t:),;.~?:.)(~:;;;(t5:;~::. :;;:~:.).::~:~:-;) '~~:::~~~1",*!;~",,~>:~:-:~.::~.:~~:;;~-:.~:::.-~,:~:-:":'i: ';:~:;':.':'~:::-,:;":.~ ..,'..'''.' . ANOKA-HENNEPININDEPENDENTSCHOOL DIST. NO. 11 11299 HANSON BOULEVARD N.W. COON RAPIDS, MINNESOTA 55433 '.,'- .:...: , YO\)CHElfCHI:C~: . n;:;':;" MEMBER OF ~ 'Yi!fi/ CONTROL NUMBER .**2500 DOLLARS 00 " '. "'~AY ,::,,: 'CIT".<OF,'ANDOVER,,,.,., ;,; ~~~;, .~~:?SS~~~~D:';N'W;K ; \" \.. 1/" ~ ~9 39 ~I/" 1:09 ~OO ~Io 291: . I DATE I 11~:';;;"1 ~6/23/B7 ~ !J 119391 THE NORTHERN BANK ANOKA, MINNESOTA 75-142 910 CENTS ~ . $2500. 00 83"1 20 ~ 1.81/" o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 7, 1987 BY: James E. Schrantz BY: AGENDA SECTION NO. Handout ORIGINATING DEPARTMENT Engineering ITEM NQ Land Acqusition 87-3A The City Council is requested to approve the acqusition cost as presented in Bill Hawkins letter attached to acquire the Ralph W. Van Hyning property. COUNCIL ACTION MOTION BY TO SECOND BY LAW OFFICES OF o 1!urke nltd Jlnwkilts SUITE 101 299 COON RAPIDS BOULEVARD 2 July 1987 RECEIVE' , I JUL 619871 CITY OF ANDOVER JOHN M. BURKE WILLIAM G. HAWKINS BARRY M. ROBINSON IDS. MINNESOTA 55433 NE (612) 784-2998 Dear Ms. Duerr: Y FOR YO. INFORMATION ~ c.c. 1j'le7 Ms. Barbara J. Duerr 2143 NW Bunker Lake Boulevard Andover, MN 55304 This letter is to confirm our telephone conversa~~on of July 2, ISS7, wherein I proposed a purchase price by the City of Andover for a permanent easement over your uncle's property in the amount of $840.00. In addition, the City would pay you $124.00 for the temporary easement which would last for one year. Based upon these amounts you have indicated you will allow the City access to begin construction of the utility project. Any amounts that I have set out in this letter are subject to City Council approval since I do not have the authority to spend City funas without their approval. Based upon the City's land acquisition in the past, however, I fully expect that the City Council will agree to the amounts as set out in this letter. If you have any questions, please feel free to contact me. Sincerely, William G. Hawkins WGH:d'A Enclosure cc: James E. Schrantz Jim: Please place this on the next City Council meeting agenda. o , -- '" . t , ..,. ", .... ' . ~ t ,:J:r ;:1 :J j L~ : ~ . 1-.......".. ......-...!r ! ~ ; I.: r i ~.' \"" i f \, '. ~~ "'i . . ! , ., 101 YffOa IIDIUMiOll1 ,Ct'" "; '.;":'-"; Oi o l--....... o o "---- AGENDA SECTION NQ Discussion Item CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE Julv 7. 1987 ORIGINATING DEPARTMENT Engineering ITEM Hills of Bunker Lake NO. Preliminary Plat time Extension 4 BY: James E. Schrantz R COUNCIL ACTION SECOND BY The City Council is requested to extend the time of the preliminary plat for Hills of Bunker Lake from July 6, 1987 to January 6, 1988. Per the ordinance 6 months is allowed between approval of preliminary plat and final plat. MOTION BY TO o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE July 7. 1987 ORIGINATING DEPARTMENT Discussion Items ITEM Final Plat Approval/Hills of NO.Bunker Lake 2nd Addition 4.a.2. Engineering Al ..-(1 fT BY: Todd J. Haas APPROV.~E~{\OR AGENDOO The City Council is requested to approve the final plat for the Hills of Bunker Lake 2nd Addition which is Phase II. 1. The final plat is in conformance with the preliminary plat. 2. Jerry Green has told city staff the site grading is complete. TKDA will be cross-sectioning the streets. 3. The City of Andover has not received a favorable title opinion from the City Attorney as of June 30, 1987. 4. The developers will be required to enter into a Development Contract for the installation of utilities and streets, and escrow 15% of the total cost of the improvements. 5. The City Council has not yet adopted a resolution ordering the project for improvements. (RESOLUTION ON THIS AGENDA) 6. The developer will need to deposit enough security sufficient to cover legal, engineering and street signs which is estimated to be $1500. ADMINISTRATORS COMMENTS There is real concern that we are approving plats without having a contract with a.contractor for improvements. This agenda receives a petition, orders a feasibility report that will not be ready until TUesday and orders a project. We want development to flow but the improvement process should be started before the.final plat is approved. MOTION BY TO COUNCIL ACTION SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R- MOTION by Councilman to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE HILLS OF BUNKER LAKE 2ND ADDITION BEING DEVELOPED BY HILLS, INC. WHEREAS, the developer has presented the final plat of the Hills of Bunker Lake 2nd Addition; and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and WHEREAS, the City Attorney has presented a favorable Title Opinion on the property being platted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of the Hills of Bunker Lake 2nd Addition with the following conditions: 1. That outlot A be deeded to the City of Andover for use of a pump house. 2. No park dedication will be part of phase II. 3. That a cash escrow deposit in the amount of $1500 be made for engineering, street signs and legal costs involved with the plat. MOTION seconded by Council man and adopted by the City Council at a Meeting this day of , 19 by unaminous vote. CITY OF ANDOVER Jerry Windschitl - Mayor ATTEST: Victoria Volk - City Clerk o ~. o CITY OF ANDOVER REQUEST FOR COUNCIL ACfION July 7, 1987 DATE AGENDA SECTION NO. Discussion Items ITEM Hills of Bunker Lake a NO. Order Improvements and Preparation of Plans & Spe ORIGINATING DEPARTMENT Engineering James E, Schrantz BY: The City Council is requested to approve resolution (1) declaring the adequacy of petition and ordering a feasibility report,(2) receiving the feasibility report, waiving the public hearing, ordering the improvements and preparation of plans and specs. The escrow for the plans and specs is $20,000.00 for Phase II COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R MOTION by Councilman to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARA- TION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN, SANITARY SEWER, STORM DRAINAGE, STREET WITH CONCRETE CURB AND GUTTER, PROJECT NO. 87-22 IN THE HILLS OF BUNKER LAKE PHASE II. WHEREAS, THE City Council has received a petition, dated June 30, 1987 , requesting the construction of improvements, specifically Watermain, Sanitary Sewer, Storm Drainage, and Street with Concrete Curbs and Gutters in the following described area: Hills of Bunker Lake Phase II; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: ~ 1. The petition is hereby declared to be signed by 100% of the owners of property affected, thereby making the petition unanimous. 2. The proposed improvement is hereby referred to TKDA, and they are instructed to provide the City Council with a feasibility report. MOTION seconded by). Councilman and adopted by the City Council at a Regular Meeting this 7th day of July 1987, with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: Jerry Windschitl - Mayor VICTORIA VOLK' - CITY Clerk o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION be Councilman to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM DRAINAGE AND STREETS WITH CONCRETE CURB AND GUTTER FOR HILLS OF BUNKER LAKE PHASE II PROJECT 87-22 WHEREAS, the City Council did on the 7th of July, 1987, order the preparation of a feasibility study for the improve- ments in Hills of Bunker Lake; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 7th day of July, 1987; and WHEREAS, the property owners have waived the right to a public hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ , waive the public hearing and order the improvement of sanitary sewer, watermain, storm drain and streets with concrete curb and gutter for Hills of Bunker Lake Phase II under IP No. 87-22 BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. BE IT STILL FURTHER RESOLVED by the City Council to hereby require the developer to escrow the sum of $ with such payment to be made prior to commencement of work on the plans and specification bt TKDA. MOTION seconded by Councilman and adopted by the City Meeting this 7th day of July , 1987, Council at a Regular with Councilmen o voting in favor of the resolution and Councilmen voting against, whreupon said resolution was declared passed. Page 2 o CITY OF ANDOVER Jerry Windschitl - Mayor ATTEST: Victoria Volk - City Clerk o '< o June 3D, 1987 Mr. Jim Schrantz City Administrator City of Andover 1685 Crosstwond Blvd. Andover, MN 55304 Dear Jim: Hills, Inc. does hereby petition for improvements by the construction of water mains, sanitary sewers, storm sewers and streets with concrete curb and gutter for Phase II and the cost of the improvements to be assessed to Hills of Bunker Lake; The above petition is unanimous and a public hearing may be waived. I would request that the feasibility report be prepared for acceptance as soon as possible. Yours very truly, o o !. June 17, 1987 Mr. Jim Schrantz Administrator City of Andover 1685 Crosstown Blvd. Andover, MN 55304 Dear Jim: r [CEIVE 1 As brought out during the council meeting last night it is our intent to request final approval on Phase II at the first council meeting in July. We do request at this time that the engineering required for Phase II be started. After you have determined the escrow necessary for the engineering we will make that deposit. It has also come to my attention Bunker Lake will expire July 6, to extend the preliminary plat. agendas to accomplish this. Thank you for your cooperation. Yours very truly, OF BUNKER LAKE o that the preliminary plat on Hills of 1987 if not extended. It is our desire Please place us on the necessary 854 EAST RIVER ROAD · ANOKA, MN 55303-2898 · 421-7760 vi 51 /Y1 vV o o CITY OF ANDOVER REQUEST FOR COUNCIL ACfION AGENDA SECTION NO. Discussion Items ITEM NO. a Hills of Bunker Lake pumping escrow -Phase I DATE Julv 7, 1987 ORIGINATING DEPARTMENT Engineering BY: James E. Schrantz R The City Council is requested to approve the escrow for pumping sewage if the trunk is not constructed to Hills of Bunker Lake. We recommend $lO.OO/day/house or $300.00/month per house. COUNCIL ACTION SECOND BY MOTION BY TO o "oof. CITY OF ANDOVER REQUEST FOR COUNCIL ACfION AGENDA SECTION NO. Discussion Item ITEM Determination of NO. need for E.I.S. 4a 5 DATE JulV 7, 1987 ORIGINATING DEPARTMENT Engineering BY: James E. Schrantz The City Council is requested to approve the resolution and the need for an Environmental Impact Statement. The Council considering the process can make a negative declara- tion that a E.I.S. is not necessary. COUNCIL ACTION SECOND BY o MOTION BY TO o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R RESOLUTION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR HILL OF BUNKER LAKE PRELIMINARY PLAT WHEREAS, a E.A.W. was published for review per Minnesota rules; and WHEREAS, the 30 day comment period ha.s.exp:iredi. and WHEREAS, the City received comments as follows: Metropolitan Council: "An Environmental Impact Statement is not necessary" Minnesota Department of Natural Resources: "Although the project as proposed does not appear to require an environmental impact statement (EIS), you may want to con- sider an EIS at some future date if the project expands to the originally planned size'.. Minnesota Pollution Control Agency: -In the areas which the MPCA has responsibility, potential for significant environmental effects. the staff does not recommend that you process an impact statement~~ we find no 'Therefore, environmental Minnesota Historical Society: "This review reveals the location of no known sites of historic, architectural, cultural, archaeologial, or engineering signifi- cance within the area of the proposed project~ Minnesota Department of Transportation: "We anticipate that the proposed project will cause little adverse impact to our transportation facilities". Department of the Army: "We have reviewed the information provided us about your project. The work is authorized by a nationwide Department of the Army permit, provided the enclosed conditions and management practices are followed". o NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that after consideration of the comments from the responding agencies and by it's determination considering the requirements in Minnesota rules, part 4410.1700 decision on need for an E.I.S.. Make a negative declaration that an E.I.S. IS NOT necessary. " Page 2 o BE IT FURHTER RESOLVED that a notice be sent to all persons on the EAW distribution list, all persons who commented and to anyone who make a request. PASSED by the City Council of Andover this 7th day of July , 1987. CITY OF ANDOVER Jerry Windschitl - Mayor ATTEST: Victoria Volk - City Clerk o o NOT ICE E.A.W. HILLS OF BUNKER LAKE The City Council of the City of Andover has made a negative declaration that an E.I.S. IS NOT needed. o " ~rr ~ , I.' . {.- !! STATE OF [N][N] ~ ~@'iJ ~ DEPARTMENT OF NATURAL RESOURCES BOX' 10, 500 LAFAYETTE ROAD · ST. PAUL, MINNESOTA · 55146 L~ ~L-kl..L o/2-J71f'1 o . DNR INFORMATION (612) 296-6157 R E eEl V ED ( JUN 24 19871 June 22, 1987 Mr. Jim Schrantz City of Andover 1685 N.W. Crosstown Boulevard Andover, Minnesota 55303 ""TY OF ANDOVER I RE: HILLS OF BUNKER LAKE - ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) Dear Mr. Schrantz: ;~;; The Department of Natural Resources (DNR) has reviewed the above-referenced document and we offer the following comments for your consideration. Our review of the EAW and the potential impacts of this project was hampered by the initial grading that has already occurred on the site. Much of the pre-existing vegetation and wildlife habitat has been significantly altered or destroyed. Consequently, we were unable to evaluate the quality of the original habitat and the wildlife population levels during our inspection of the site. As much natural vegetation as possible should be retained to preset've the remaining habitat. The developer's proposal to construct stormwater detention ponds is commendable. We support the intent to treat site runoff before it flows into Coon Creek. We are also concerned about development within the shoreland of Bunker Lake and the floodplain areas on the site. Those lots within the shoreland zone are substandard with respect to statewide standard for lot sizes on a natural environment (NE) lake. Even though you do not have an approved shoreland ordinance, we encourage you to require new shoreland developments to meet the statewide standards. If you have questions about shoreland development, please call DNR Area Hydrologist John Stine at 296-7523. . . Although the project as proposed does not appear to require an environmental impact statement (EIS), you may want to consider an EIS at some future date if the project expands to the originally planned size. Thank you for the o I. 1< AN EQUAL OPPORTUNITY EMPLOYER ~@ ....,_.... .-0- ....'.' - , o Page 2 opportunity to review the EAW. If you have questions regarding our comments, please contact Don Buckhout of my staff at (612) 296-8212. tS~UJ.~ Vonny Hagen Planning Administrator VH/DB:jl c: Kathleen Wallace Tom Keefe Laurel Reeves John Stine Gregg Downing - EQB Jerry Green - Hills, Inc. o 508 ) ,,\ &- '? J :~.c 1\'")- ~ R EC EI V ED , JUN 1 919871 o CITY OF ^I\!"'()"I:"~ Minnesota Pollution Con ro gency L.I/~ C~ Q{2 IoJ2~/?7 1 /-e l 7/r.. ! I '. June 16, 1987 Mr. Jim Schrantz City Administrator 1685 N.W. Crosstown Blvd. Andover, Minnesota 55303 Dear Mr. Schrantz: Re: Hills of Bunker Lake The staff of the Minnesota Pollution Control Agency (MFCA) has reviewed the revised environmental assessment worksheet (EAW) on the above referenced project. In the areas which the MFCA has responsibility, we find no potential for significant environmental effects. Therefore, the staff does not recom- mend that you process an environmental impact statement. However, we do offer the following comments for your consideration. With ultimate development (all phases of the proposed single family residen- tial and commercial development), over 1000 parking spaces will be constructed. An Indirect Source Permit may be required. Please contact Susanne Pelly of the Division of Air Quality at 296-7723 to make that determination. In addition, the staff is concerned that noise due to traffic on Hanson Boulevard and on Bunker Lake Boulevard located along the western and southern boundaries of the site and noise due to the railroad running through the site may exceed state noise standards (a daytime L10 level of 65 dBA and a night- time L10 level of 55 dBA for land use category NAC-1) at the proposed single family residences. The staff recommends that noise impacts be further eval- uated to determine if the state noise standards will be exceeded at the closest proposed residences. The total average daily traffic (ADT) derived from existing traffic and traffic from the proposed development should be considered in the evaluation of roadway traffic noise. Also, noise from both car and truck traffic should be considered. please contact Dave Kelso, at 296-7372, to determine the method to be used for the assessment of railway noise. If the state noise standards are to be exceeded due to traffic on the roadways or the railway, the City should ensure that the proposer implements noise control measures to come into compliance with the state standards. o possible noise control measures include 1) requiring the construction of noise barriers, e.g., earth berms, wood or concrete walls, 2) adjusting the distance of the residences from the roadways or the railway and/or 3) the planting of vegetation. This last option, however, is not a very effective noise control measure compared to options 1 or 2. Phone: 520 Lafayette Road North, St. Paul, Minnesota 55155 Regional Offices' Duluth/BrainerdlDetroit Lakes/Marshall/Rochester Equal Opportunity Employer . ,;l o Mr. Jim Schrantz Page Two In item 6 of the EAW, the mandatory category from the Minnesota Environmental Quality Board (EQB) rules is given as 3.038R. These rules were recodified in 1984. Also, some rules have changed since that time. We recommend that you contact Mr. Gregg Downing, of the EQB, at 296-8253, to obtain a current copy of the rules. The correct rule number is Minnesota Rules Part 4410.4300 Subpart 19. A.2. Thank you for the opportunity to review the EAW. Should you have any questions regarding this comment letter, please call Daniel Berg at 296-7795. Sincerely, ~~ Director Office of Planning and Review CTA/DRB :mfl o <--1ev:?' I ' ( YJJ rV Utst..V(fZ.,Z- "17.!S)F7 o Minnesota Environmental Quality Board 100 Capitol Square Building 550 Cedar Street St. Paul, Minnesota 55101 Phone U EC t:J VEO 1\1 JUN 2 2 19871 CITY OF ANDOVER June 19, 1987 Jim Schrantz City Administrator 1685 N.W. Crosstown Boulevard Andover, MN 55303 RE: Close of EAW Review Period for Hills of Bunker Lake Dear Mr. Schrantz: The 30-day review and comment period for this EAW ended on June 17, 1987. A decision on the need for an Environmental Impact Statement . i (EIS) is to be made within 15 working days of the expiration of the ~J~' comment period unless the decision will be made by a body which meets 7 only periodically, in which case the decision is to be made at the C\,-~.\'- first meeting 10 or more days after the expiration date and in no P"-- case more than 30 calendar days afterwards. In making the EIS decision please note the following requirements (given at Minnesota Rules, part 4410.1700, page 16 of the rules): 1. You must maintain a written record of some sort, including specific findings of fact, which supports your decision. The record must reflect the findings about the project with respect to the criteria of subpart 7 and should consider the information in the EAW itself and any timely comments reseived. 2. A notice of the decision is to be sent within five working days to the EQB, all persons on the EAW distribution list, all persons who commented, and anyone who makes a request (see B.4.). The EQB will publish notice of your decision in the EOB Monitor. 3. If your decision is to prepare an EIS, your notice must also include your proposed scope of the EIS and the date, time and place of the scoping meeting. Please call me before scheduling a seoping meeting to assure that the meeting will fall between 10 working days and 20 calendar days after publication of the notice in the EOB Monitor. The scoping meeting must also be noticed by a press release. o Sincerely, ~:> ~. D~\~ Gregg M.. Downing Environmental Review Coordinator (612) 296-8253 Toll-free: 1-800-652-9747; ask for EQB, Environmental Review Program AN EQUAL OPPORTUNITY EMPLOYER ~ o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Julv 7, 1987 ORIGINATING DEPARTMENT FOR AGENDA SECTION NO. Engineering Discussion Item {i'" ITEM Hills of Bunker Lake NO. release grading escrow 4a6 By:Todd J. Haas The City Council is requested to retain the grading escrow deposit for Phase I. The developer of Hills, Inc. have requested that the City of Andover release the grading escrow for Phase I. Apparently a few street areas of Phase I are short of material. It is recommended NOT to release the grading escrow until Phase I streets are constructed. MOTION BY TO COUNCIL ACTION SECOND BY o "" o CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE July 7, 1987 ORIGINATING DEPARTMENT Engineering AGENDA SECTION NO. Discussion Item ITEM NO. BY: James E. Schrantz The City Council is requested to approve the resolution declaring adequacy of petition and ordering the preparation of a feasibility report for 177th Lane - Hawk Ridge Addition, proposed project 87-23. 10 ~f the 14 benefiting lots have signed the petition. This petition is for only the South street in the plat. I recommend that we pave 177th Lane and Arrowhead Street as part of the proposed project. MOTION BY TO COUNCIL ACTION SECOND BY c ., [, ~ f'o t. f. e<<~ 01 ANDOVER o lE@@OWl@~ Date.: mf1~. '. './</.'8.1 Jlf299J7 No. , .. " .!....c....o,..-...-. _, 1eeJ5 CROSSTOWN 8LVO. N.W. ANDOVER. MINN. a_303t Gentlemen: We, the undersigned, owners of 171-Hv j~D.ne NW =MtlLt.~ Mdgp ollowing described area: {f' . . , .....' '" ' . jf t:ld71foY<..' '. "'~~~',' (~~~~~~!.-~ -4 ~ .- . , .~.. .'.c....."'.. . do hereby petition that said portion of said area be improved by CONSTRUCTION of City J)(( J/Pf'[ ,c::;f-n;:p'-f- I and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. LEGAL DESCRIPTION OF PROPERTY PARCEL t, OR LOT, BLOCK, ADDITION YES NO Vi 4/' V t.- o This petition was 1_ .' ~;-, .-;; '! ~;.;":v> ,^~A...t'u'" . ',~ circUl'~~,d by ., . \.~~d~ 0~1).~'!"i '""~;.. ..,_~_.._~~ ,,: _., ,__..~>~,_ ,_.1....~ ~7_=_~:~~.. .~__,"_~c?~,3~{:X~1'~L- o 01 ..... '" ~ \ 't " ~ '-.. .. ~ '=' ~ C> 'h z.s 2-/ ......... ~ '*- z<(-SV ~;Z '-4>1 ~ II> ~ '~ '" -..... s.. ... ~ ~ "" ". .I.""/.~ l ~C(z.o '" ~. ~ '" ~ ~ "':;:.. .. ~ .. z. f J.~ ., ~ 0 i", , .".0,.. t'i"'6' ,;~ >; .S ,. ,~!: ------.-' .,....',.. o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R MOTION by Councilman to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARA- TION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET CONSTRUCTION, PROJECT NO. 87-23 IN THE 177th LANE - HAWK RIDGE ADDITION AREA. WHEREAS, the City Council has received a petition, dated May 15, 1987, requesting the construction of improvements, specifically Street Construction in the following described area: 177th Lane - Hawk Ridge Addition; and WHEREAS, such petition has been validated to contain the signatures of more than 35% 0 fthe affected property owners requesting such improvements. NOW, .THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to BRA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of , 19 , with Councilmen voting in favor of the resolution and Councilmen voting against, whereupon said resolution was declared pass~d. CITY OF ANDOVER Jerry Windschitl - Mayor ATTEST: o Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Julv 7. 1987 ITEM Commercial Lot Splits NO. 4.c. BY: Vicki Volk APPROVED FOR AGEO~ BYI {/ AGENDA SECTION NO. Discussion items ,I ORIGINATING DEPARTMENT Administration On February 19, 1987 the city council was requested to adopt an amendment to the Lot Split Ordinance, No. 40, to allow for the splitting of commercial lots. This was brought about because Lou Pankonin had several years ago sold a strip of his property to the person to the west of him. That person was to combine that parcel with his. However, this split was not recorded and because of our new rules, the County will not record the deed unless the city approves it. Attached is an amendment to the ordinance to allow for commercial properties to be split. V: AU:ach. I COUNCIL ACTION c MOTION BY TO SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 40 AN ORDINANCE AMENDING ORDINANCE NO. 40 AND ORDINANCE NO. 40B, ENTITLED "AN ORDINANCE REGULATING THE DIVISION OF RESfBEN'i'fAE. LOTS WITHIN ,THE CITY OF ANDOVER". THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 40 and Ordinance No. 40B are amended as follows: Section I - Definitions A res~deft~~a~ lot split is any division of a lot, parcel or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district. Section V - Fees C. Non-Residential Districts - If no park fees have been assessed nor land dedicated as set out in B above, the park fees shall be assessed at ten percent (10%) of the value of the newly created lot at the time of the lot split, or ten percent (10%) land dedication in lieu thereof, as set by City Council resolution fo~ each lot created under this ordinance. Adopted by the City Council of the City of Andover this day of , 19 CITY OF ANDOVER ATTEST: Jerry Windschit1 - Mayor Victoria Vo1k - City Clerk o o o CITY OF ANDOVER REQUEST FOR COUNCIL ACfION 7 July 1987 DATE AGENDA SF.CTION NO. 4 d. ORIGINATING DEPARTMENT Zoning Administrator ~ BY: dIA~y~ll APPROV~EOR AGENr;A ~ V BY: J V ITEM NO. T. Ernmeri.ch Lot Split The following is provided for your information and direction since the materials in the fi.le and the materials received for signature and filing do not match. Drawing No. 1 shows the property as it exists today with lots 2 and 4 being zoned R~4 and lot 3 zoned R-l. Drawing 2 shows lot 2 divided. The quit claim deeds we have received at City Hall for signature and filing describe only the two lots created by the division of lot 2. The request was made and the contingency was that the east half of lot 2 would be attached to lot 4 (pon Emmerich's parcell and the west half of lot 2 would be attached to lot 3 (,Anthony Ernmerichts parcelt. There has, however, been no vehicle drafted which would combine these parcels. Drawing 3 shows the new configuration of lot 4 (.with. the addition of the east half of lot 2L and the. new configuration of lot 3 (with the w.est half of lot 2L Then another lot spILt has be.en requested (Assuming' that the remnant of lot 2 and 3 have. heencoI)lbinedL dividing the new lot 3 into two parcels., one. with3U.o.' of frontage on Sauth, Coon Creek Drive and one with 35'0.' off'rontage on South. C00n Cxeek Drive. The problem i.s this: the quit claim deeds' we received describe only the. e.<:i.st and wes:t halves of lot 2 and go no f'urther. They do not provide for the. att<:ichment to the abutting property, <:is is nece.ssary, nor do they then describe the two new western-most lots which is really the end which. the applica.nt desires. A cQuple. of Qther points: that Don Ernmericn.' (who did want to attach. the eastern +:t is my understanding (second handL not join in the. requestL doe.s- not pO,rtion of lot 2. to hi.s: lot 4 parcel. MOTION BY TO COUNCIL ACTION SECOND BY' """ . ,.'~. I o j, , ~ I , ; f I I o o I'age Two Item 4 c. T. Emmerich Lot Sf>lit 7 July 19.87 It that is not done, the end re.sul t could be 4 lots. H.Qw.eye.r , if it .is not attached, and 4 lots are created, then th..:i:.~s ';j:.s platting and s.hould not De. don.e in this ljlanne.r. If the wes.tern portion of lot 2 is not attached to lot 3, then that is an additional lot and the resultan.t action would have to be a plat. In order to meet the amendment requirements as they pertain to simply moving lot lines and not creating any more lots, the halves of lot 2 must De attached to lots 3 and 4 respectively and then proceed to splitting the western-most lot, if desired. Remember also that lot 3 is zoned E~l and the wes.tern half of lot 2 is. R-4 as is the rest of: the land included in this request. Perhaps the Zoning District line needs to be changed at the same time so we don't have a lot disected by two districts. I will be. in attendance at the meeting to answer any questions you may have. d'Arcy Bosell Attachments o "",,,,:,~. o CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE July 7, 1987 AGENDA SECTION ORIGINATING DEPARTMENT NO. 5.a.., Staff, Committee,Commissil n ~~~~lbO. YED FDR (I,(: ; BY~ Parks & Recreation ITEM NO.1. Ordinance 47 Proposed Revi:ion J BY: ane Peterson . MOTION by Sabel, seconded by Kinkade to the present wording of 2.2 and changing change Ordinance 47 by strikinV it to read: Consumption or possession of alcoholic beverages is allowed only in areas of city parks designated by official city sign as "Picnic Area". Unless an Exclusive Use Permit is obtained under Section 2.3 A., consumption or possession of alcoholic beverages is prohibited in game field areas and parking lots. Gambling, excessive use of alcoholic beverages, or engaging in offensive, obscene or abusive language or boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment in others will not be allowed. COUNCIL ACTION MOTION BY TO SECOND BY o .'-!~ o CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE July 7, 1987 AGENDA SECTION NO. 5.a. Staff,Committee,Commissio' ORIGINATING DEPARTMENT APPRO~~ FOR AGENDA", BV, ~~ Parks & Recreation ~5.M 2. Bid for Prairie Knoll Par BY: Jane Peterson \J MOTION by Strootman, seconded by Kinkade to request city council to proceed with grading of Prairie Knoll and they will consider Fox Meadows for next year. Motion carried unanimously. Discussion: The awarding of bid for Prairie Knoll was being held pending decision for Fox Meadows. The mayor was concerned that Fox Meadows was passed over for grading. The park board estimate of $40,000 came from TKDA for grading of Fox Meadows which was too high to consider. The latest bid was approximately $25,000 which cou~d be considered for 1988. I. COUNCIL ACTION MOTION BY TO SECOND BY o -. o CITY OF ANDOVER REQUEST FOR COUNCIL ACfION APPRI~VED FOR AGENI'\'Y\, (/tp BY: DATE July 7, 1987 AGENDA SECTION ORIGINATING DEPARTMENT NO. 5.a. Staff,Committee,Commissi n Public Works & Park & Recreation ITEM NO.3. Bids for Hawk Ridge Park BY: Frank Stone Frank Stone, Public Works, requests pe~mission on behalf of the Parks & Recreation Commission to obtain bids for grading and seeding of Hawk Ridge Park. COUNCIL ACTION MOTION BY TO SECOND BY o o CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE Julv 7 1qR7 APPROVED FOR AGErl.rJ\ /\J. J\ av//V is requested to approve the purchase of a 50 gallon ~lter sealing to be purchased from Stepp Manufacturing of AGENDA SECTION NO. Staff, Committee ORIGINATING DEPARTMENT Public Works ITEM Purchase Crack seal NO. Machine 5. b. BY: Frank ~ The City Council kettle for crack North Branch. The average life of unmaintained asphalt is 10 years. At this time, the city will have costly major repairs or complete replace- ment. with proper maintenance, public works should be able to extend these streets at most another 10 years. For the last 8 years we have used an AC oil hot or cold pour. Both the hot and cold do not do an adequate job. The cracks open up the next year. It may seal the bottom of them but leave the top open for the water to sit, freeze and expand to make for an even larger crack year after year. Also, sealcoating over these cracks and having them open up destroys the look of the sealcoat. I have gone to two different cracksealing demonstrations this spring. One was in Lindstrom put on by Bergstrom Companies of Eau Claire, Wisconsin. The other was at the city of Champlin by Albany Industries. ! Both areas used a hot pour sealant that was a blend of asphalt cements, extender oils, rubbers, anti-oxidents and fillers. The additives, such as rubber and carbon black make hot pour sealants last longer. One of the most important properties of a good hot pour sealant is its ability to be relatively unaffected by what caused the pavement to fail in the first place. This type of sealant will fill the crack to the top and stay there. This material is very flexible and expands and contracts in all weather. We used this type of material on a test area of prairie Road last fall and it looks as good today as when we applied it last fall. This material comes in 50 pound cartons of solid material and is melted down in an E-Z pour melter. Using the melter and the material would cut the manpower down from six to three and more crackseaiing would get done. I would recommend that we go to the use of this new material and purchase an E-Z pour kettle. COUNCIL ACTION fv10TIQN BY TO SECOND BY o Bergman Companies Crafco E-Z Pour 50 melter kettle Stepp Manufacturing North Branch Crafco Road Saver Albany Flex-a-Fill Sickle's cold pour we were using Lights Tank holder .37 per pound .69 per pound .35 per pound. $6,500 5,800 85 85 5,970 The only item needed for approval is $6,000 from the streets and highways budget, 530 sealcoating. I will have a sample of the crack sealing material at the meeting. FS o iO ~ (f) I.U ..J .... .... 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' . .::T' -. ::r "'<I . 3: . , m 0....0 -irl10 ~~S1: ~~~ c::::Jj.~ ~"""" -(I) """'1(1) ~!n:I · -i "tJ ::t"tJ CJ) ~ ,1 , ~'. o o ~. ., I ~ 1\ , o Il[~~i~~~ ....= 00 ~E"Q l>>..."~n~'~l""m ....O!:' OIQOt1' '2a!?:!~i~l.lnl 1!I.....a I:S ~Q,Clgli'~ tt:J: :>0 [ 'i .. . s:,g .. -< i..~E!I!.I1!~ ~ i 8 if ~ ~ m ~ .. .. It" ....i tl' r- CD o. II n ~- !f~[:K'Sl ~.. ....... 8.' rt! .. ..It~.'l'~~lm lllllt"ll... :u "o..'li~ )0 0"'201>"" .... ~ R ;:. t l'2 2..J (5 ~!U~;g ~[z' "'/litIS....!!!.... '2 g ~ ~~ g, '" Ii' ~~!i;g~~ ll.~ 1'l' -4f,,'>.-' ,; ;< f i\ i...! 1\ i \t-i-. ( ~ ,. !O SPECIFICATIONS E-Z POUR 50 Vat Capacity: 50 gallons Melting Capacity: 40 gal/hr Construction: Double Boiler type eat Transfer Oil Capacity: 22 gal. Heat Transfer Oil Specs: Flash point 5750 in closed vessel, Fire point 6000 in closed vessel Maximum Heat Input: 185,000 BTU Temperature Control: Burner control system with an adjustable thermostatic control, automatic fail-safe shut-down in event the pilot light is extinguished. Tank Opening Size:: 12" x 12" Insulation: 1 "Ceramic Agitation: Full Sweep Vertical Paddle Engine: 3 h.p. Drive Mechanism: Complete hydraulic speed control with forward and reverse action Weight: 1500 Ibs. Approx. Dry Weight with Options OPTIONS Tires: 20.5 x 8 x 10 Axle: 2250 I bs. Propane bottle: 100 I bs. ~ See CRAFCO for complete selection of Pour Pots o P.O. Box 20133 Phoenix, Arizona 85036 Phone: 1.800-528-8242 Arizona. 602. 276-0406 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE J_uly 7, 1987 Engineering FOR AGENDA SECTION NO. Staff, Committee, Commission ORIGINATING DEPARTMENT ITEM NQ Seal Coat Plans 5bl BY: James E. Schrantz The City Council is requested to approve the seal coating plan. The plan as presented will cost about $75,000.00, with $10,000.00 of the budgeted $85,000.00 to be used for crack sealing (including the proposed melter pot). The spec's are the same as before using a emulsion CRS-2 with the pea rock FA-2 modified. enclosure: Seal coat map COUNCIL ACTION o MOTION BY TO SECOND BY o ~- o AGENDA SECTION NO. Staff, Committe, Commission CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE July 7, 1987 ORIGINATING DEPARTMENT Building Department~/J.1 / BY: Dave Alm ren ~ ~5.M Proposed addition to City Hall 5c The City Council is requested to approve a layout for the proposed addition to City Hall. Various layouts are at City Hall to look at. A cost estimate is not complete at this writing. MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Non-Discussion items DATE Julv 7. 1987 ORIGINATING DEPARTMENT Administration ITEM Waste Tiresf~~dinance 8 NO. d 6.a. Amen ment BY: Vicki Volk The city Council is requested to adopt the amendment to Ordinance 8 regarding waste tires. This was referred to the City Attorney, Don Jacobson and d'Arcy Bosell several months ago to review. They have done so and agree that it contains the language we need. Attached is a copy of the amendment. V:Attach. COUNCIL ACTION MOTION BY TO SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 8 is hereby amended as follows: Section 3.02 Definitions EEEEE Waste Tire: a tire that is no longer suitable for its original intended purpose because of wear, damage or defect. FFFFF Waste Tire Collector: a person who owns or operates a site used for the storage, collection, or deposit of more than fifty (50) waste tires. GGGGG Waste Tire Processor: A person engaged in the processing of waste tires. Section 5.03 Special (Conditional) Uses (B) Criteria for granting_Special Use Permits 4. Waste tire collection and processing shall be permitted by Special Use Permit only in a GI District, sublect to the following: a. Detailed drawings of the parcel shall be submitted including the dimensions of the parcel, the location of any buildings, and the location of the waste tires. b. Detailed drawings of the waste tires including twenty (20) foot fire lanes separating any buildings from the tires and such other fire lanes as may be required by the City Fire Marshal. c. A general inventory of said waste tires in- cluding a maximum inventory anticipated. d. Location and type of fencing and/or screening so as to completely enclose and protect from public view said waste tires. e. The applicant shall provide such other information as the City may require to determine whether or not the proposed use will be a nuisance or will be harmful to the health, safety or general welfare of the City. f. Subject to inspection and annual review by the City. o o Section 7.03 Special Uses: INDUSTRIAL DISTRICTS GI District Only: Waste tire collection and processing Section 8.01 Exterior Storage: (C) In GI Districts 1. Any waste tire collector or waste tire processor which has more than five hundred (500) waste tires in their possession within the City shall obtain a Special Use Permit, except as provided herein. 2. No person shall transport or cause to have transported any waste tires to any area within the city which will cause to exceed five hundred (500) waste tires at any site unless: a. The site is exempted from the above requirements as set out in Section 4 below. b. The site has been qranted a Special Use Permit. c. The site is a licensed Solid Waste Dis- posal site so desiqnated by the City, County of Anoka and State of Minnesota. 3. No waste tire collector or waste tire processor shall be sited in any residential district. 4. A Special Use Permit is not required for: a. A retail tire seller for the retail sellinq site if no more than five hundred (500) waste tires are kept on the premises; b. An owner or operator of a tire retreading business for the business site if no more than three thousand (3,000) waste tires are kept on the premises; c. An owner or operator of a business who, in the ordinary course of business, removes tires from motor vehicles, if no more than five hundred (500) waste tires are kept on the premises. Adopted by the City Council of the City of Andover this of , 1987. day CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor Victoria Volk - Clerk o ,. o CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE Julv 7. lQ87 ORIGINATING DEPARTMENT Engineering -'(1'" R AGENDA SECTION NO. Non- . D1ScuSSlon Item ITEM ReleaseBond/Escrow NO. prairie Oaks 6b BY: Todd J. Haas The City Council is requested to release the 1 year warranty escrow for the streets and seeding. The City Staff has been to the site to inspect the coneition of the streets. It is recommended to release the $2,000.00 warranty escrow,tb James M. Krystosek, President of Anchor Asphalt, Inc. COUNCIL ACTION MOTION BY TO SECOND BY o o CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE Julv 7, 1987 ORIGINATING DEPARTMENT Engineering FOR AGENDA SECTION NO. Non-Discussion Item ITEM Order Condmenation NO. project 87-3 a,b,&c 6c BY: James E. Schrantz The City Council is requested to approve the resolution authorizing the acquisition of certain property by proceeding in eminent domain for projects 87-3 A, B, & C. There appears that there are properties that will not be able to be acquired even though a waiver of trespass is granted. We also need to start the proceedings in case we can't get on a property. We should order a eminent domain proceeding when we order an improvement. We can always drop the proceeding. COUNCIL ACTION MOTION BY TO SECOND BY o o ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R MOTION by Councilman to adopt the following: A RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDING IN EMINENT DOMAIN. WHEREAS, the City Council of the City of Andover has heretofore determined that it is in the interests of the City to construct public improvements along Bunker Lake Boulevard, Crosstown Boulevard, and Coon Creek Drive project 87-3 A, B, &C. WHEREAS, it is necessary to acquire certain easements on these projects for water, sewer, Streets and Storm Drain construction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA AS FOLLOWS: 1. Acquisition by the City of a street and utility easement over the property described in Exhibit A attached hereto and made a part hereof is necessary for the purpose and construction of street improvements. 2. The City Attorney is authorized and directed on behalf of the City to acquire a street and utility easemen~ over, across and under the property described in such exhibit A by exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter 117. The City Attorney is further authorized to take all actions necessary and desirable to carry out the purpose of this resolution. MOTION seconded by Councilman and adopted by The City Council at a Regular Meeting this 7th day of July , 1987 with Councilmen voting in favor of the resolution and Councilman voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 7, 1987 ORIGINATING DEPARTMENT Administration AGENDA SECTION NO. Non-Discussion Items ITEM Order Preparation of NO. Assessment Rolls BY: Vicki VOlk The City Council is requested to direct TKDA to prepare assessment rolls for the following improvement projects: 86-3/87-3 86-16' 86-19 87-13 87-20 Trunk Watermain/Sanitary Sewer Red Oaks Pond Dehn's - Storm Drain Oak Bluff/Watermain Individual Sewer and water connections The project costs will be gathered for the next City Council meeting. MOTION BY TO COUNCIL ACTION SECOND BY o o CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE Julv 7. 1987 ORIGINATING DEPARTMENT AGENDA SECTION NO. Non- Discussion It Site "Q" J.oint powers ITEM NO. agreement with Coon Ra ids 6e Engineering BY: James E. Schrantz The City Council is requested to approve the joint powers agreement with Coon Rapids for retaining E.A. Hickock & Associates and Charles Weaver. The estimated budget is between $60,000.00 and $80,000.00 of which Andover is responsible for 50%. The agreement will change in that Charles Weaver is no longer with Holmes & Graven. Coon Rapids I contract with contract with us. understand has approved the above consultants. the Consultants to have the agreement and the They are changing the Charles Weaver represent MOTION BY TO COUNCIL ACTION SECOND BY " ..... R' ECEIVEO I JUN 2 2 1987 1- ~coo 05RAPID CITY OF-" ^Nf)n\/~p . :rc ~V~7 ~ r/?) June 2, 1987 10 10 C;( City of Andover 1685 Crosstown Boulevard Andover, Minnesota 55304 Attention: Mr. James Scnrantz Director of Public Works Subject: Andover/Coon Rapids Site Q Dear Jim: Attached are~ 1) The Joint Powers Agreement between Andover and Coon Rapids for the retaining of E.A. Hickock & Associates and Holmes & Graven as consultants to the cities in opposition to the selection of Site Q. 2) A revised Scope of Services/Work Plan breaking down the work to be done with cost estimates for the various phases of work. Assuming the information if satisfactory, please have your Council approve the following: 1) The Joint Powers Agreement. 2) The contracting with E.A. Hickok & Associates and Holmes & Graven. Should you ,have any questions, please contact me at your convenience. Yours truly, o WJ.2.u.vJ ~C)~~ William R. Ottensmann City Engineer WRO:car Attachments , 1313 COON RAPIDS BOULEVARD, COON RAPIDS, MINNESOTA 65433-5397 (612) 766-2880 o JOINT POWER~ AGREEMENT BY AND BETWEEN THE CITIES OF ANDOVER AND COON RAPIDS FOR THE RETAINING OF CONSULTANT SERVICES IN REGARD TO ANOKA COUNTY PROPOSED SANITARY LANDFILL SITE Q This agreement made and entered this day of , 1987, by and between the City of Andover, a municipal corporation herein after referred to as "Andover", and the City of Coon Rapids, a munici- pal corporation herein after referred to as "Coon Rapids". , WITNESSETH: WHEREAS, the Minnesota Waste Management Act of 1980 requires each of the seven Twin City Metropolitan area counties to identify sites for possible landfill development, and WHEREAS, Anoka County is considering three potential sites, \"'~ and WHEREAS, one of the sites being considered is Site Q located in the City of Andover easterly of Hanson Boulevard immediately north of the corporate limit line of the City of Coon Rapids, and WHEREAS, the Environmental Assessment Worksheet for said Site Q has been completed, and WHEREASr the Environmental Impact Statement is in the process of preparationoy Donohue and Associates for Anoka County, and WHEREAS, the cities of Andover,and Coon Rapids are opposed to 'the potential designation of Site Q as the preferred site, and WHEREAS, it has been deemed desirable that the two communities o obtain technical expertise to aid the cities in opposi tion to the designation of Site Q as the preferred site, and , . .." .._,~ "_,_,,.~,_~-o-,-,--,'"'''' ' o WHEREAS, Minnesota Statutes, Section 471.59 permits the parties hereto to enter into a Joint Powers Agreement for the purpose set forth herein. NOW, THEREFORE, BE IT RESOLVED, that the cities of Andover and .Coon Rapids enter into an agreement with Holmes and Graven, Chartered, and Eugene A. Hickok and Associates, Inc. to provide professional ser- vices and technical assistance to the communities, and BE IT FURTHER AGREED, that payment for said services will be made by the City of Coon Rapids on behalf of the two communities, and BE IT FURTHER AGREED, that the cost of said services will be shared equally between the two communities, and BE IT FURTHER AGREED, that the City of Coon Rapids wi~l rebill the City of Andover for 50 percent of the cost of said services upon receipt and payment of bill for said services by the City of Coon Rapids, and BE IT FURTHER AGREED, that the City of Andover will make payment to the City of Coon Rapids for the Andover share of the cost of said services within 30 days of request for payment by the City of Coon Rapids. IN WITNESS WHEREOF, the parties hereto have executed this agreement by their duly authorized officers and have caused their respective seals to be affixed hereto. CITY OP ANDOVER CITY OP COON RAPIDS By: Jerry Windschilt, Mayor By: Robert B. Lewis, Mayor O By: James Schrantz, Clerk By: Robert D. Thistle, C~ty Manager , (SEAL) (SEAL) o o \ RBVIEW AND COMMBNTS ON THB SITB Q EIS SCOPE OF SERVICES WORK PLAN As previously stated in our original proposal, our intent is to provide strong interaction between our firms and City staff in order to identify all critical issues and analyses that demonstrate that Site Q should be ranked lower than its competitive sites. A two-level work plan is planned to fulfill this purpose. Level I - Monitoring of EIS Data/Documents and Identificatio!,\ of Issues, will focus on the identification of critical issues. All available data including scoping materials and previous MICA work will be reviewed for all sites to establish a comparative baseline. Any data acquired from the EIS contractor will also be reviewed. Pertinent public meetings will be monitored. A log of acquired materials, review comments and notes of attended meetings will 1le kept. Guidance meetings (anticipated every eight weeks) will be coordinated with staff from Andover and Coon Rapids through Bill Ottens mann, Coon Rapids Engineer. Progress reports including important comments, prospective issues or meeting notes will be provided at least monthly and at increments of $5,000 in total billings. A more comprehensive work calendar will be developed when additional data regarding City Council meetings, EIS publication dates, EIS data access and guidance committee meeting dates are available. This work will continue through the completion of the Anoka County Landfill Siting EIS. Level II - Analyses and Technical Review will consist of any in~epth technical work or analyses that the Cities of Andover and Coon Rapids should request upon review of identified issues and the consideration of counsel from E.A. Hickok and Mr. Charles Weaver or others. A work plan including a completion schedule and budget will be submitted for any issues determined to require further study. This service is available upon request as needed through the completion of the EIS process. Initial work by E.A. Hickok will begin upon receipt of the notice to proceed. Work will begin by evaluating the 1981-82 MICA work and the scoping EAWIs for the three sites to identify unique features of each site, favorable aspects of each site, and changes in and around Site Q or in the rationales applied to this site in the two documents (to search for inconsistencies in data or rationale, new wells or developments). Initial work by 'Holmes &: Graven, Chartered will begin upon receipt of a notice to proceed by the cities. The initial work will involve an evaluation of the current Solid Waste Management Plan and other related documents at the Metro Council. It will also include discussions with the Metro Council Chair, the program manager and staff relative to the current status of the waste management plan and the proposed amendments and how we can impact the final determination on the amendments which are proposed. We will also be coordinating with E.A. Hickok and the cities using their data base to develop our arguments for changes in the final documents. We will also be reviewing the current status of the EIS process Including the status and potential timing of the funds necessary to complete the process. We will also be meeting with Individual council persons and county board members to acquaint them with the concerns of Andover and Coon Rapids. o o \ BUDGET Services will be provided with the understanding that costs will not exceed $50,000 without further authorization from the communities. E.A. Hichok and Holmes &: Graven will bill its services on an hourly basis. Meetings are anticipated every eight weeks for the guidance committee and every 12 weeks by Anoka County. A total estimated project cost or budget is very difficult to estimate because the cities must maintain an adequate review level throughout the EIS process and periodically will need to respond quickly to address key issues as they arise. Anoka County has committed $1,200,000 to developing an EIS on three sites, one of which is Site Q. It is our opinion the review level and periodic response levels (described as Level I and Level II in the proposal) will likely range from 15-20 percent of the County's work effort. On this basis, we envision a total budget of $60,000 -$80,000 should be planned. Specific issues will require intensive effort \on the part of the cities. Tn brief, the Level I work effort will identify technical and legal issues which may lower the ranking of Site Q. Our objective is to have the County EIS contractor research technical issues and prOblems offering our comments as the process proceeds, while we concentrate our efforts on decision makers, the regulatory process and regulatory agencies. Certain technical issues may require additional work by the cities if they believe the county has done an inadequate job of addressing them or it is more beneficial to the citys' cause to address them independently. This proposal is submitted with the understanding that the cities of Andover and Coon Rapids have the right to terminate this agreement at any time upon written notification to Holmes &: Graven, Chartered and E.A. Hickok &: Associates. o \ RATE $ 105 $ 75 TOTAL HOURS ESTIMATED COST 65 $ 6,825 95 7,125 / $ 13,950 * These costs are -estimations based on the potential concerns identified to date. All Level II investigations will be performed only at the direction of the guidance committee. All of the fees charged include all overhead costs including secretarial. ,- o REVIEW AND C()lMENT ON SITE Q EIS ESTIMATED COSTS FOR TECHNICAL ISSUES ' , TASKS Program Project Senior Junior Secreta ry / Manager Manager Engineer Engi neer Da ta Proc. Level I $85/hr $50/hr $69/hr $37/hr $26/hr . $ Progress Reports 37 6 (1850) (156) 2.006 Meet i ng s 14 58 (1l90) (2900 ) 4.090 Review of,Existing Data 5 8 9 65 6 ( 425 ) ( 400 ) (621) (2405) (156 ) 4,007 Review of Data/Analysis * 8 13 13 96 9 Deve loped by EIS Contractor (680) (650) (897) (3552) (234) 6.013 Subtotal 16.116 Leve 1 I I Investigations of Issues 18 32 30 220 20 as Directed * (1530 ) (1600 ) (2070) (8140) (520) 13.860 Subtota 1 13.860 TOTAL HOURS 45 148 52 381 41 RATE 85 50 69 37 26 ESTIMATED COST 3.825 7,400 3.588 14.097 1.066 29.976 * These costs are estimations based on the potential concerns identified to date. All Level II investigations will be performed only at the direction of the gu idance committee. o \ o o , .. January 1, 1987 STANDARD E. A. HICKOK FEE SCHEDULE Pi"ogram Manager $70.00 - $85.00 $55.00 - $70.00 $47.00 - $55.00 $30.00 - $47.00 $26.00 - $32.00 $20.00 - $26.00 $15.00 - $20.00 Sr. Engineer/Sr. Scientist Engineer /Scientist Jr. Engineer/Jr. Scientist Technician/Data Processor Secretary Clerical Fees for specific E. A. HICKOK staff who will perform the major portion of this project's work: John Lichter, P.E. Judd Ebersviller L. Michael Johnson $85.00 $50.00 $69.00 Expenses will be charged at cost. Fees for'Specific HOLMES &: GRAVEN, CHARTERED staff who will perform the major portion of this project's work: Charles R. Weaver Eugene J. Ranieri $105.00 $75.00 ~ o ~~. o AGENDA SECTION NO. Non- CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE July 7, 1987 ORIGINATING DEPARTMENT Engineering ITEM CBDG Subgrantee agree- NO. ment 6f BY: James E. Schrantz APPROVED FOR AGENDA The City Council is requested to approve the 1987 CDBG Subgrantee agreement. This is a standard form, we approved a similar agreement last year. We must approve before we spend 1987 funds. fv1OTION BY TO COUNCIL ACTION SECOND BY ~, ~~, --( "..,." .}-.... o CO U N TY OF ~? 7/7 IV) ANOKA .'~ ~ '~ ' ~'.:" Office of the County Board of Commissioners COURTHOUSE ANOKA, MINNESOTA 55303 612-421-4760 Mr. Jim Schrantz, Engineer City of Andover Community Center 1685 Crosstown Boulevard N.W. Andover, Minnesota 55303 June 17, 1987 RECEIVED i I JUN 1 0 1987 I CITY OF ^NDOVER Dear Jim: Re: 1987 CDBG Subgrantee Agreements Please ask the appropriate official in your community to execute each of the three enclosed Subgrantee Agreements and return them to my office. Upon execution by the County, I will return one original to you. Please complete Section lion page 3 with your insurance limits. If you have any questions, you may contact me at 421-4760, extension 1178. JOW:sw Enclosures ~ (((to ~ 2~ Sincerely, ~:ht- Community Development Manager Yo-J Ijs 5 f67....-,O Affirmative Action / Equal Opportunity Employer ".$~" o . ";:".- o \~ 6-J '/7!g7 \. ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT between ANOKA COUNTY, A POLITICAL SUBDIVISION OF Tt-E STATE OF MINI\ESOT A AND CITY OF ANDOVER This agreement, entered into this day of , 19 , between Anoka County, a political subdivision of the State of Minnesota (hereinafter referred to os the "County"), and City of Andover (hereinafter referred to as the "Agency"): RECITALS A. The County is an urban county applicant for block grant funds under the Housing and Community Development Act of 1974 (the Act), Pub. L. 93-383 as amended, and will receive block grant funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR p. 570; B. An Urban County Consortium has been established by a Joint Cooperation Agreement between the County and municipal corporations within the County, the terms of which specify allocation of block grant funds to those participating jurisdictions for use in accordance with the County Housing Assistance and Community Development Plans accepted by participating jurisdictions and reviewed by HUD; C. The County desires to have certain services performed by the Agency as described within this agreement, and as authorized by Anoka County resolutions for the purpose of implementing eligible activities under the Act and HUD regulations; D. It is appropriate and mutually desirable that the Agency be designated by the County to undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD Regulations, state law and local law are adhered to, as provided for herein; E. The purpose of this Agreement is to provide for cooperation between the County and the Agency, os the parties in this agreement, in implementing such eligibile activities in the manner described above; F. The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota. G. The following attachments as listed below are hereby incorporated in this agreement and made a part hereof: PART I. GENERAL CONDITIONS PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS PART III. EVALUATION AND RECORD KEEPING Exhibit A - 1987 CDBG Project List Exhibit B - County Board Resolution 85-42 Exhibit C - County Board Resolution 85-23 - I - o o \1 H. The Agency's Preliminary Project Request Form is on file in the Community Development Office, County Administration, Anoka County Courthouse, Anoka, MN 55303, and is hereby incorporated in this Agreement and made a part hereof. I. In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this agreement. COUNTY AGENCY (Signature) Tim Yantos Deputy County Administrator Date: Name (Typed) Approved as to form: Title Date: Assistant Anoka County Attorney - 2 - '\~ o PART I. GEI'ERAL CONDITIONS I. SCOPE OF AGREEMENT The Agreement between the parties shall consist of the signature page, the general conditions; the federal, state and local program requirements; the evaluation and record keeping requirements, each and every project exhibit incorporated into the Agreement; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions. This Agreement supersedes any and all former agreements applicable to projects attached as exhibits to this Agreement. 2. SCOPE OF SERVICES The Agency shall perform and carry out in a satisfactory and proper manner the services set forth in the Project Request Form. This Agreement may be amended from time to time, in accordance with the general conditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose. 3. COMMENCEMENT AN) TERMINATION OF PROJECTS Upon release of project-related funds by HUD pursuant to federal regulations, the County shall furnish the Agency with written notice to proceed. No work on the project shall occur prior to the notice to proceed without written approval from the County. Termination dates for individual projects shall be specified in the appropriate exhibits and be in compliance with County Board Resolution 1185-23, attached as Exhibit C. Costs incurred after the termination date will not be reimbursed. The termination date may be changed through amendment of this Agreement. 4. ADMINISTRATION A. B. F or all agencies which are presently parties to Joint Cooperation Agreements with the County covering planning, distribution of funds, and program execution under the Act, the Agency remains subject to the provisions of such agreement. 5. COMPENSATION AN) METHOD OF PAYMENT A. The County shall reimburse the Agency for the services specified in the Exhibits in an amount not to exceed the amount specified on the Project Request Form. Reimbursement shall be based on a Community Development Voucher and Reporting Form submitted with supporting documents and signed by the Agency's authorized representative. o - 3 - o o I' B. The Agency shall submit a properly executed Voucher and Reporting Form no later than fifteen (IS) working days after the close of each billing period. The County will make payment to the Agency not more than twenty-one (2 J) working days after said invoice is received and approved by Anoka County. The County will issue a statement of correction voucher in the event that the voucher request is erroneous. Payment does not constitute absolute approval. 6. OPERATING BUDGET The Agency shall apply the funds received from the County under this Agreement in accordance with the requirements of the Exhibit(s) attached hereto. 7. FUNDING ALTERNATIVES AI'V FUTURE SUPPORT A. The Agency shall report all project income generated under this Agreement for the purposes specified herein or generated through the project(s) funded under this Agreement. All project income shall be forwarded to Anoka County. The County will maintain a record of program income received by individual projects for future use by the subgrantee for eligible CDBG activities. B. The County makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement. C. Should anticipated sources of revenue not become available to the County for use in the Community Development Block Program, the County shall immediately notify the Agency in writing and the County will be released from all contracted liability for that portion of the Agreement covered by funds not received by the County. 8. AMENDMENTS Either party may request modifications in the scope of services, terms, or conditions of this Agreement. Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this Agreement. A written amendment may affect a project or projects authorized by this Agreement or may be of general application. 9. ASSIGNMENT AI'V SUBCONTRACTING A. The Agency shall not assign any portion of this Agreement without the written consent of the County, and it is further agreed that said consent must be sought by the Agency not less than fifteen (IS) days prior to the date of any proposed assignment. B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement and proper bidding procedures contained therein. The Agency agrees that it is as fully responsible to the County for the acts and omissions of its subcontractors and of their employees and agents, as it is for the acts and omissions of its own employees and agents. - 4 - o 10. HOLD HARMLESS AN) II\DEMNIFICA TION A. The Agency further agrees that it is financially responsible (liable) for any audit exception which occurs due to its negligence of failure to comply with the terms of the Agreement. B. The Agency agrees to protect and save the County, its elected and appointed officials, agents, and employees while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the Agency's employees or third parties on account of personal injuries, death or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the Agency and/or its agents, employees, subcontractors or representatives under this Agreement. II. INSURANCE l."" F or all agencies which are not municipal corporations organized under the laws of the State of Minnesota, the following insurance requirements shall apply: A. Public Liability Insurance The Agency shall obtain and maintain continuously public liability insurance necessary to protect the public on the subject premises naming the County as insured to the extent of Five Hundred Thousand and no/ I 00 ($500,000.00) Dollars General Liability Insurance including bodily injury and property damage with umbrella excess liability of Dollars and provide proof of Worker's Compensation Insurance pursuant to the Statutes of the State of Minnesota. B. Building Risk Insurance The Agency shall cause to be maintained, during the period that contract work is in progress, All Risk Builder's Insurance, (including fire, vandalism, malicious mischief and extended coverages) in an amount nat less than the value of destructible contract work in place. C. Proof of Insurance The Agency shall provide certificates of insurance required under this section, or, upon request of the County, duplicates of the policies as evidence of the insurance protection afforded. Such insurance policies shall not be reduced or cancelled without sixty (60) days prior written notice to the County. 12. COI'FLICT OF INTEREST o A. Interest of Officers, Employees, or Aqents - No employee, agent, consultant, officer, or elected or appointed official of the Agency who exercises any functions or responsibilities with respect to Block Grant Program activities assisted under this Program or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an - 5 - o o interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. B. Interest of Subcontractor and Their Employees - The Agency agrees that it will incorporate into every subcontract required to be in writing and made pursuant to this Agreement the following provisions: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Block Grant Program, has any personal financial interest, direct or indirect, in this Contract. The Contractor further covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any conflicting interest shall be employed. Any interest on the part of the Contractor or his employees must be disclosed to the Agency and the County. 13. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of the Provider's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.0 I et seq. or any other applicable State statutes and any State rules adopted to implement the Act, as well as State statutes and Federal regulations on data privacy. The Provider agrees to abide by these statutes, rules, and regulations and as they may be amended. 14. TERMINATION A. This Agreement is subject to termination upon thirty (30) days written notice by the County should: (I) The Agency mismanage or make improper or unlawful use of Agreement funds; (2) The Agency fail to comply with the terms and conditions expressed herein or the applicable regulations and directives of the Federal Government, State, or County; (3) The Agency fail to provide work or services expressed by this Agreement; or (4) The Agency fail to submit reports or submit incomplete or inaccurate reports in any material respect. B. This Agreement may be terminated by the County immediately upon the receipt by the County of notice of the loss of federal funding for the Community Development Block Grant Program or any project of the Agency. - 6 - o o C. This Agreement is subject to termination upon thirty (30) days written notice by the Agency should: (I) The County fail in its commitment under this Agreement to provide funding for services rendered, as herein provided; or (2) Block Grant funds become no longer available from the Federal Government or through the County. D. Otherwise this Agreement shall terminate on the latest termination date specified on the Project Request Form attached hereto and shall be subject to extension only by mutual agreement and amendment in accordance with the General Conditions of this Agreement. E. Upon termination of this Agreement any unexpended balance of Agreement funds shall remain in the County Block Grant fund. F. In the event that termination occurs under paragraph A( I) of this section, the Agency shall return to the County all funds which were expended in violation of the terms of this Agreement. PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS I. GEI'ERAL REQUIREMENTS The Agency shall comply with the Housing and Community Development Act of 1974, Public Law 93-383 ~ amended, and Implementing Regulations at 24 CFR p. 570. 2. PROCUREMENT ST A/'VARDS In awarding contracts pursuant to this Agreement, the Agency shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and retained percentages. In addition, the Agency shall comply with the requirements of the U.S. Office of Management and Budget Circular A-I 02 or A-II 0 as appropriate, relating to bonding, insurance and procurement standards; and with Executive Order 11246 regarding nondiscrimination bid conditions for projects over Ten Thousand and no/IOO ($10,000.00) Dollars. Where federal standards differ from local or state standards, the stricter standards shall apply. The federal standard of Ten Thousand and no/I 00 ($10,000.00) Dollars for competitive bidding shall apply only if the applicable state or local standard for competitive bidding is less strict than Ten Thousand and no/ 100 ($10,000.00) Dollars. 3. ENVIRONMENTAL REVIEW A. National Environmental Policy Act - The County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (29 CFR pt. 58). The County may require the Agency to furnish data, - 7 - o o information and assistance for the County's review and assessment in determining whether an Environmental Impact Statement must be prepared. B. State Environmental Policy Act - Agencies which are branches of government under Minnesota Law retain responsibility for fulfilling the requirements of the State Law regarding environmental policy and conservation, and regulations and ordinances adopted thereunder. If the agency is not a branch of government under Minnesota Law, the County may require the agency to furnish data, information and assistance as necessary to enable the County to comply with the State Environmental Policy Act. c. Satisfaction of Environmental Requirements - Project execution under this Agreement by either the County or the Agency shall not proceed until satisfaction of all applicable requirements of the National and State Environmental Policy Acts. A written notice to proceed will not be issued by the County until all such requirements are complied with. 4. N()N)ISCRIMINA TION A. General The Agency shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, marital status, race, creed, color, national origin or the presence of any sensory, mental or physical handicap or any other basis now or hereafter prohibited by Law. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VIII; Executive Order 11063; Executive Order 11246; and Section 3 of the Housing and Urban Development Act of 1968. Specifically, the Agency is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24 CFR 570.602(b) (1-3) and sholl take such affirmative and corrective actions as are required by the Regulations at CFR 570.602(b)(4). These requirements are summarized in the following paragraphs: B. Proqram Benefit The Agency shall not discriminate against any resident of the project service area by denying benefit from or participation in any block grant funded activity on the basis of race, color, sex, or national origin. (Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VII; Section 109, Housing and Community Development Act of 1974). C. Fair HousinQ The Agency shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the federal government. (Civil Rights Act of 1968, Title VII; Executive Order 11063) - 8- o D. Employment I. In all solicitations under this Agreement, the Agency sholl state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements sholl constitute compliance with this section. 2. The Agency sholl not discriminate against on employee or applicant for employment in connection with this Agreement because of age, marital status, race, creed, color, national origin, or the presence of any sensory, mental or physical handicap, except when there is a bono fide occupational limitation. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training. (Executive Order 11246 as amended) 3. To the greatest extent feasible, the Agency sholl provide training and employment opportunities for lower income residents within the area served by block grant assisted projects (Section 3, Housing and Community Development Act of 1968, as amended). E. Contractors and Suppliers I. No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical handicap. Such practices include upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246 as amended) 2. All firms and organizations described above shall be required to submit to the Agency certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions; provided, that certificates of compliance shall not be required from firms and organizations on contracts and/or yearly sales of less than $10,000. 3. To the greatest extent feasible, the Agency sholl purchase supplies and services for activities under this agreement from vendors and contractors whose businesses ore located in the area served by block grant funded activities or owned in substantial port by project area residents. (Section 3, Housing and Community Development Act of 1968, os amended.) F. Notice I. The AQency shall include the provisions of the appropriate subsections A, S, C, D, and E of this section in every contract or purchase order for <loods and services under this Agreement and shall send to each labor union or representative of workers with which it has 0 collective bargaining agreement or other contract or understanding a notice advising the said o - 9 - o Q labor union or worker's representative of the commitments made in these subsections. 2. In advertising for employees, goods or services for activities under this Agreement, the agency shall utilize minority publications in addition to publications of general circulation. S. LABOR ST MDARDS The Agency shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40 USC sections 327-333); provided that this section shall not apply to rehabilitation of residential property designed for residential use by fewer than eight families. A copy of the current Davis-Bacon wage rate must be included in all construction bid specs and contracts over Two Thousand and no/l 00 ($2,000.00) Dollars. 6. PROPERTY MANAGEMENT A. The Agency agrees that any nonexpendable personal property, purchased wholly or in part with agreement funds at a cost of Three Hundred and noli 00 ($300.00) Dollars or more per item, is upon its purchase or receipt the property of the County and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Appendix N to the U.S. Office of Management and Budget Circular No. A-I 02 or A-II 0 as appropriate. B. The Agency shall be responsible for all such property, including its care and maintenance. C. The Agency shall admit the County's property management officer to the Agency's premises for the purpose of marking such property, as appropriate, with county property tags. D. The Agency shall meet the following procedural requirements for all such property: I. Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; and location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two (2) years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. - 10- o 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 7. ACQUISITION AI'D RELOCATION A. Any acquisition of real property for any activity assisted under this Agreement which occurs on or after the date of the County's submission of its Block Grant application to HUD shall comply with Title III of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act) (40 USC section 4601) and the Regulations at 24 CFR pt. 42. B. Any displacement of persons, business, nonprofit organizations or farms occuring on or after the date of the County's submission of its Block Grant application as the result of acquisition of real property assisted under this Agreement shall comply with Title II of the Uniform Act and the Regulations at 24 CFR pt. 42. The Agency shall comply with the Regulations pertaining to costs of relocation and written policies, as specified by 24 CFR section 570.606 (a) & (b). 8. HISTORIC PRESERVATION The Agency shall meet the historic preservation requirements of Public Law 89-665 and the Archeological and Historic Preservation Act of 1974 (Pub. L. 93-291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the Regulations at 36 CFR pt. 800. Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR pt. 58. 9. ARCHITECTURAL BARRIERS Any facility constructed pursuant to this Agreement shall comply with design requirements of the Architectural Barriers Act of 1968 (42 USC section 415 I). I O. NOW ARTICIP A TlON IN POLITICAL ACTIVITIES The Agency shall comply with the provisions of the Hatch Act (5 USC Chapter 15). II. NATIONAL FLOOD INSURANCE The Agency may not receive Community Development Block Grant funding for acquisition or construction for use in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93- 234) and the Regulations thereunder (24 CFR Ch. X, subchap. B). The Agency shall comply with the Regulations at 24 CFR section 570.605. AIR Ar--D WATER POLLUTION 12. o The Agency shall comply with the provisions of the Clean Air Act, as amended (42 USC section 1857 ~ seq.) and the Federal Water Pollution Control Act, as amended (33 USC sections 125 I et ~) and the regulations issued thereunder (40 CFR pt. 15). - II - o 13. LEAD-BASED PAINT POISONING The Agency shall comply with the HUD Lead-Based Paint Regulations (24 CFR pt. 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 USC sections 4831 et~) requiring prohibition of the use of lead-based paint (whenever funds under this AQreement are used directly or indirectly for construction, rehabilitation, or modernization of residential structures); elimination of immediate lead-based paint hazards in residential structures; and notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1950. Q 14. NONSUBSTITUTION FOR LOCAL FUNDING The Block Grant Funding made available under this Agreement shall not be utilized by the Agency to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. 15. PUBLIC OWtERSHIP For Agencies which are not municipal corporations organized under the laws of the State of Minnesota, it may become necessary to grant the County a property interest where the subject project calls for the acquisition, construction, reconstruction, rehabilitation, or installation of publicly-owned facilities and improvements. The Agency shall comply with current County policy regarding transfer of a property interest sufficient to meet the public ownership requirement. 16. PUBLIC II'FORMA TION A. In all news releases and other public notices related to projects funded under this Agreement, the Agency shall include information identifying the source of funds as the Anoka County Community Development Block Grant Program. B. F or all construction projects the Agency shall erect a sign to County specifications at the construction site, identifying the source of funds, except that this requirement may be waived for construction projects of Ten Thousand and no/l 00 ($10,000.00) Dollars or less. PART III. EVALUATION AI'I> RECORD KEEPING I. EVALUATION The Agency agrees to participate with the County in any evaluation project or , performance report, as designed by the County or the appropriate Federal agency, and to make available all information required by any such evaluation process. 2. AUDITS AN> INSPECTIONS The Agency shall obtain an independent audit on an annual basis if the budget is at least S25,OOO.OO. Such audit shall be made by qualified individuals who are sufficiently independent of those who authorize the expenditure of Federal funds. The audit report - 12 - o shall state that the audit was performed in accordance with the generally accepted governmental audit standards for financial and compliance audits of the U. S. General Accounting Office Standards for Audit of Governmental Orqanizations, Programs, Activities, and Functions, and the provisions of OMB A-I 10. The records and documents with respect to all matters covered by this contract shall be subject at all times to inspectibn, review or audit by the County, Federal or State officials so authorized by law during the performance of this contract and during the period of retention specified in this Part III. 3. RECORDS As required by HUD Regulations, 24 CFR pt. 570, the Agency shall compile and maintain the following records: A. Financial Management - Such records shall identify adequately the source and application of funds for activities within this Agreement, in accordance with the provisions of Appendix G to the U.S. Office of Management and Budget Circular A-102 or A-II 0 as appropriate. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. B. Citizen Participation - Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available, the ranges of project activities undertaken, and opportunities to participate in funded block grant projects. C. Relocation - Indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload. o D. Property Acquisition - Agency files must contain (a) invitation to owner to accompany oppraiser during inspection, (b) at least one property appraisal, (c) statement of basis for determination of just compensation, (d) written offer of just compensation, (e) all documents involving conveyance, (f) settlement cost reporting statement, and (g) notice to surrender possession of premises. E. Equal Opportunity - The Agency shall maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefitted from, the activities carried out under this Agreement. The Agency shall also maintain data which records its affirmative action in equal opportunity employment, and its good-faith efforts to identify, train, and/or hire lower- income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the ,project. F. labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CFR 570.603. G. Such other records as may be required by the County and/or HUD. - 13- o o 4. RETENTION OF RECORDS Required records shall be retained for a period of three (3) years after termination of this Agreement, except as follows: (I) Records that are the subject of audit findings shall be retained for three (3) years after such findings have been resolved. (2) Records for nonexpendable property shall be retained for three (3) years after its final disposition. Nonexpendable property is defined in Appendix N to U.S. Office of Mangement and Budget Circular No. A-I02 or A-IIO as appropriate. 5. REPORTS The Agency shall submit such reports as required by the County on a monthly and annual basis and also prior to project execution. - 14- ~ '~#.'..'''''''#' . & o SPECIFIC OBJECTIVES FOR 1987 ANOKA COUNTY COOG PROGRAM The following objectives have been established for assisting communities and citizen groups in the formulation of specific program activities. The objectives listed below are in brief form. A more complete development of program policy and rationale may be found by contacting the above mentioned source. I. Support decent, safe housing for residents in Anoka County through: (I) rehabilitation of existing structures; (2) eligible assistance for construction of new lower income housing. 2. Assist program efforts to redevelop blighted areas through: acquisition and clearance, upgrading public facilities and utilities, encouraging new development, seeking local financial commitment to the effort. 3. Develop and upgrade public facilities and utilities which serve primarily lower income persons or which are an integral port of redevelopment efforts in blighted areas. 4. Promote and support economic development in Anoka County to provide new jobs. 5. Promote the removal of architectural barriers. 6. Provide funding for public service activities which serve primarily lower income persons. The above objectives were developed in cooperation with the communities in Anoka County and are based on need as illustrated by statistics drawn from the 1980 census data and comments from community residents. Overall, they are a coratinuation of the 1981-1986 CDBG programs, with many communities sustaining efforts begun in those years. . 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ClOOO o ... 0 .,........ - ... - -000 00 0 01-1-1- I-U I- U G '"', o AGENDA SECTION NO. Non- Discussion Item ITEM Order Bond Sale NO. 6g CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE July 7, 1987 ORIGINATING DEPARTMENT Engineering BY: James E. Schrantz BY: APPROVED AGENDA The City Council is requested to order a Bond Sale for many of the 1987 projects. See attached memo's from Bill Hawkins and John Davidson An additional Bond Sale will be needed for the remaining proposed projects. MOTION BY TO COUNCIL ACTION SECOND BY RECEIVEn . I JUN2219871U ~KDA TOL TZ. KING. DUVALL, ANDERSON AND ASSOCIA TES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101 612/292-4400 MEMORANDUM To: Jim Schrantz Reference: BondIng Copies To: William Hawkins 1987 Improvement Program Andover. Minnesota &fI-. 1987 FrOlll: John Davidson Date: June 18. Commission No. A meeting was held at Andover City Hal I at 3:00 PM, Wednesday, June 17, 1987 between WII I lam Hawkins, CIty Attorney; James Schrantz, City EngIneer/AdmInistrator; and John Davidson, TKDA. A schedule for BondIng 1987 Improvements were reviewed as fol lows: Comm. No. ProTect - Description/Contractor Construction Total $ 722,676 $ 939,400 $1,070,187 $1,391,243 $ 503,213 $ 654,180 $ 982,362 $1,277,070 $ 144,738 $ 188,160 $ 151,378 $ 196,792 $ 386,960 $ 503,048 $ 121 ,250 $ 157,625 $ 140,000 $ 182,000 $ 469.300 $ 610.000 $4,692,064 $6,099.598 -$1 .300.000 $4,799,600 8179-A 8179-B 8179-C 8806 8897 8915 8903 8929-01 8929-011 8932 87-3A 87-3B 87-3C 87-2 87-4 87-7 87-8 87-10A 87-10B 87-11 Bunker Lake Blvd (Channel) Crosstown (Barbarossa) Coon Creek (Bonine) HII Is of Bunker Lake (Kenko) Woodrldge (AmerIcan) Shady Knoll (Channel) Kensington Estates (Channel) Water Wel I 13 (Renner) Pumphouse 13 (Est.) Elementary School Utll (Est.) Less 1986 Carryover Project Cost to Bond - 1987 Project 87-6 (CommIssIon No. 8840-011) to provide uti I Itles, grading and street surfacing Including VerdIn Street Is estimated at $638,000 contract or $830,000 project cost. This tax Increment project will be financed separately. / o o o Memorandum June 18, 1987 Page Two TKDA wll I review the assessment districts to be assessed In accordance with the fncremented schedule over the service area, determine assessments to be levIed In 1987 and a projected schedule beyond 1987. JLD:J / o o CITY OF ANDOVER REQUEST FOR COUNCIL AcrION July 7, 1987 DATE AGENDA SECTION NO. Non- Discuc:c:;nn T+Am ITEM Oak Bluff-declare NO. adequacy of petition Dro-;ect 87 21 hn ORIGINATING DEPARTMENT Engineering BY: James E. Schrantz APPROVED ;00 AGENn 6J BY: ,>j 1/ The City Council is requested to approve the resolution declaring adequacy of petition and ordering the preparation of a feasibility report. Project 87-21 Oak Bluff Outlot A&B. Continental Develop- ment Corporation/Charles Cook President is the Developer. This is a 100% petition. The escrow for the feasibility report is $1,000.00. MOTION BY TO COUNCIL ACTION SECOND BY e:t~ 01 ANDOVER c 8'7 - "Z / 6-/tJ -?7 tests CROSSTOWN 8 LVO. N.W. A.NOOVER. .....INN. 1S.30~ Date: No. o Gentlemen: We, the undersigned, owners of real property in the following described area: Outlot A and B of Oak Bluff, Anoka County, MN do hereby petition that said portion of said area be improved by CONSTRUCTION of City sewer and water, storm sewer, streets, curb and gutter and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Ninnesota. SIGNATURE OF OWNER Con Dev tinental ., X I elopment Corp. 12093. Ilex St Ou tlot A and B. Oak Bluff r~ /~ I I '--- I , - -- I I - , , -. Uontln~al Development Corporation This petition was circulated by , 6 a..r. ~.. ./-.. President ADDRESS LEGAL DESCRIPTION OF PROPERTY PARCEL C, OR LOT, BLOCK, ADDITION YES NO ~ o nrfA,...n...,.. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Non-Discussion Items DATE Julv 7, 1987 ORIGINATING DEPARTMENT Engineering James E. Schrantz ITEM Approval of Condemnatio NO. Awardsj86-5/Hanson Blvd. BY: 6i. The City Council is requested to approve the awards for Arntzen and Bradley as follows: Mr. & Mrs. Walter L. Arntzen in the amount of $7,300. Mr. & Mrs. Michael S. Bradley, Parcel #4, in the amount of $2,850 and parcel #7 in the amount of $4,900. They have both agreed to accept this award. COUNCIL ACTION o MOTION BY TO SECOND BY o r.:_:< o LAW OFFICES OF Burke nltd Jlnwkilts JOHN M. BURKE WILLIAM G. HAWKINS BARRY M. ROBINSON SUITE 101 299 COON RAPIDS BOULEVARD COON RAPIDS. MINNESOTA 55433 PHONE (612) 784-2998 , Ec[fVEn R JUN291987 IU June 26, 1987 CITY OF ANDOVER Mr. James E. Schrantz Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 Re: City of Andover v. Harold G. Hintze, et al Parcel No. 6 - Arntzen Parcel Nos. 4 and 7 - Bradley Dear Jim: Enclosed please find a copy of a letter that I have received from the attorney for the Arntzens and the Bradleys. The payment of these should be approved at the City Council meeting of July 7, 1987. For your information the Artnzen awara 1S the amount of $7,300.00; the Bradley award for Parcel No.4 is the amount of $2,850.00 and for Parcel No.7 is the amount of $4,900.00. G. Hawkins WGH:mk Enc. / OPPENHEIMER WOLFF & DONNELLY o First Bank Building Suite 1700 51. Paul, MN 55101 (612) 223-2500 relex: 701879 FAX: 6122247504 Brussels Chicago Minneapolis New York 51. Paul Washington, D.C. June 18, 1987 Mr. William GO. Hawkins Burke & Hawkins Suite 101 299 Coon Rapid Blvd. Coon Rapids, Minnesota 55433 RE: City of Andover vs. Harold G. Hintze, et al. File No. CO-86-11590 Arntzen Parcel 6 Bradley - Parcels 4 and 7 Dear Mr. Hawkins: Pursuant to our telephone conversation on Tuesday, June 16, 1987, this letter is to confirm that our clients~ Mr. and Mrs. Walter L. Arntzen and Mr. and Mrs. Michael S; Bradley, agree to accept the awards set forth in the Notice of Filing Report of Commissioners. On behalf of our clients, we hereby waive the right to appeal to District Court pursuant to Minnesota Statutes Chapter 117 provided that the City of Andover does not appeal and further provided that the total award will be paid in cash immediately after the next meeting of the Council of the City of Andover which we understand is scheduled for July 7, 1987. We also request that you confirm in writing on behalf of of Andover that the taking will have no impact on our ability to subdivide their lots, as easement areas excluded by the City of Andover in determining whether sufficient square footage to subdivide a parcel. the City clients' are not there is Please contact us if you have any questions. Very truly yours Uc . Meyer TJM:keh cc: Mr. & Mrs. Mr. & Mrs. o '0 ""':'. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 7, 1987 APPROVED (Fe R AGEN~ 4 \ BY: ) 1if 1/ AGENDA SECTION NO. Non- D1Scussion Items ITEM Woodland Meadows com- NQ pletion of grading, seed- 19~cr8~reets and release th 6j ORIGINATING DEPARTMENT Engineering ,,\i~ BY: Todd J. Haas The City Council is requested to approve the final completion and releasing the escrow for Woodland Meadows for grading, seeding, and streets. Escrow is $68,625.00. The City Staff has been to the site to inspect the work of Woodland Development and recommend approval. Note: If you have not been to Woodland Meadows it is recommended you drive through the subdivision, it is a very attractive one. COUNCIL ACTION MOTION BY TO SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. MOTION by Councilman to adopt the following: A RESOLUTION APPROVING THE FINAL GRADING AND STREET CONSTRUCTION OF WOODLAND MEADOWS SUBDIVISION AS BEING DEVELOPED BY LAWRENCE B. CARLSON IN THE SOUTHWEST 1/4 OF SECTION 3 AND THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10. WHEREAS, the developer has completed grading, seeding, and streets of". Woodland Meadows. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final grading and street construction of Woodland Meadows as developed by Lawrence B. Carlson. MOTION seconded by Councilman and adopted by the City Council at a Regular meeting this 7th day of July , 1987 by unanimous vote. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor Victoria Vo1k - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 7, 1987 AGENDA SECTION NO. NQn- . D1Scusslon Item ITEM Final Cost 86-9 NO. Woodland Terrace ORIGINATING DEPARTMENT APPROVED FOR :74 t/ Engineering 6k BY: James E. Schrantz The City Council is requested to approve the final cost to Woodland Terrace. TKDA meet with Lary Carlson of Woodland and the results as they recommended is that the City would cancel the the assessment on one lot and that the City would if possible cancel the remainder of the project assessment roll and hold it at City Hall as the Council has approved for future projects. More information will be available at the meeting. COUNCIL ACTION MOTION BY o TO SECOND BY o "' o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 7, 1987 AGENDA SECTION NO. Non- Discussion Item ITEM Approve plans and Specs NO. for South Coon Creek Dr. 6L ORIGINATING DEPARTMENT APPROVED FOR AGENDA Engineering BY: Jame E. Schrantz The City Council is requested to approve the Plans and specifica- tions for South Coon Creek Drive project 87-9 MSA Street project from Uplander Street to Crosstown Boulevard. The plans prepared by BRA will be in the Engineering Office for review. ~TION BY TO COUNCIL ACTION SECOND BY o -r. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION Ju1v 7. 19B? DATE AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Engineering ITEM Lund's Evergreen Estate NO, 3rd Addn. Final plat BY: 6.m. Todd J. Haas The City Council is requested to approve the final plat Evergreen Estates 3rd Addition. The final plat conforms to the preliminary. The title opinion has been received. The streets, topsoil, seed and fertilizer have not been completed as of June 29, 1987. It is recommended not to sign the final plat until the 3rd Addition receives topsoil, seed and fertilizer and the streets have been inspected and approved by City staff. I recommend the plat be approved subject to the following: 1. The streets, topsoil, seed and fertilizer have been completed, inspected and approved by City Staff. 2. The City of Andover receive a warranty escrow in the amount of $1,800. 3. The developer shall pay the cost of street signs, legal fees, city engineering and consultant fees of $1,200. 4. The full park dedication from Lund's Evergreen Estates 2nd Addition has not been received. The remaining park dedication balance is $2,810.00 and is to be paid at the time of the final plat. COUNCIL ACTION MOTION BY TO SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R A RESOLUTION APPROVING THE FINAL PLAT OF LUND'S EVERGREEN ESTATES 3RD ADDITION AS BEING DEVELOPED BY JAMES LUND IN SECTION 09-32-24. WHEREAS, the City Council approved the Preliminary Plat of Lund's Evergreen Estates 3rd Addition~ and WHEREAS, the developer has presented the final plat of Lund's Evergreen Estates 3rd Addition; and WHEREAS, the City Attorney has presented a favorable title opinion on the property being platted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Lund's Evergreen Estates 3rd Addition contingent upon receipt of the following: 1. Security in the amount of $1,200.00 to cover legal, engineering, consultant and street sign costs. 2. Warranty escrow for seeding, fertilizer and streets of $1,800. 3. Park dedication fees. in the amount of $2,810. Adopted by the City Council of the City of Andover this day of , 19 CITY OF ANDOVER ATTEST: Jerry Windschit1 - Mayor Victoria Vo1k ~ City Clerk - CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 7, 1987 AGENDA SECTION NO. Approval of Minutes ORIGINATING DEPARTMENT Administration ITEM NO. 7 BY: Vicki Vo1k The City Council is requested to approve the following minutes: March 31, 1987 Special Meeting March 31, 1987 Special Closed Meeting April 30, 1987 " Public Hearings May 5, 1987 Regular Meeting May 19, 1987 Regular Meeting May 28, 1987 Special Meeting June 2, 1987 Regular Meeting -.;;~ June 9, 1987 Special Meeting June 16, 1987 Regular Meeting June 16, 1987 HRA Meeting o MOTION BY TO COUNCIL ACTION SECOND BY