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Home My WebLink AboutCC November 6, 2007 o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, November 6, 2007 Call to Order- 8:01 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (10/16/07 Regular Meeting; 10/16/07 Closed Meeting; 10/23/07 Workshop) o Consent Items 2. Approve Payment of Claims - Finance 3. Approve Quit Claim Deeds/06-14/White Pine Wilderness - Engineering 4. Approve Amendment to Development Contract/06-14/White Pine Wilderness - Engineering 5. Approve Hold Hannless Agreement & Easement Encroachment Agreement/06-14/Lt. 6, Blk. 3/White Pine Wilderness - Engineering 6. Approve Hold Hannless Agreement & Easement Encroachment Agreement/06-14/Lt. 7, B1k. 3/White Pine Wilderness - Engineering 7. Approve Hold Hannless Agreement & Easement Encroachment Agreement/06-38/Lt. 1, Blk. 3/Hickory Meadows - Engineering 8. Approve Hold Hannless Agreement & Easement Encroachment Agreement/06-38/Lt. 6, Blk. 3/Hickory Meadows - Engineering 9. Approve Hold Hannless Agreement & Easement Encroachment AgreementlBlock 3 Common Areal05- 32/W oodland Crossings - Engineering 10. Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/07-25 (2756 - 134th Lane NW) & 07-26 (2766 - 134th Lane NW)/SS & WM - Engineering 11. Approve Compensating Change Order # 1/07 -2/2007 Overlays - Engineering 12. Approve City Code Amendment/Section 11-3-6 E Subdivision CodelThree Lots Per Cul-De-Sac - Planning 13. Approve Conditional Use PermitlDrive Through Business/2121 Station Parkway NW - Planning 14. Approve City Code Amendment/Prevailing Wage - Administration 15. Approve Residential Kennel License/1750 _l77th Avenue NW - Clerk 16. Approve Premises Permit/Andover Lanes/Andover Lions Club - Clerk Discussion Items 17. Hold Public Hearing/Delinquent Utilities & False Alarm Fines - Administration/Finance 18. Hold Public Hearing/Adopt Assessment Roll/07-2/2007 Overlays - Engineering 19. Hold Public Hearing/Adopt Assessment Roll/05-11ITulip Street NW - Engineering 20. Hold Public Hearing/Adopt Assessment Roll/06-20AlMeadow Creek Christian School Turn Lane Improvements - Engineering Staff Items 21. Administrator's Report - Administration Mayor/Council Input Closed Session: a. Property Purchase Negotiations Update/PIN 22-32-24-43-0005 b Negotiations - Andover Right-of-Way Plat No.3 Adjournment o o o G) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: November 6, 2007 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: October 16, 2007 Regular Meeting October 16, 2007 Closed Session October 23, 2007 Workshop DISCUSSION Attached are copies of the minutes for your review. ACTION REOUlRED The City Council is requested to approve the above minutes. Respectfully submitted, fLL. ()4 Vicki V olk City Clerk 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 023 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 044 45 46 47 48 ANDOVER CITY COUNCIL CLOSED SESSION- OCTOBER 16, 2007 MINUTES The Andover City Council Closed Session was called to order by Mayor Mike Gamache, October 16, 2007,8:32 p.m., at the Andover City Hall, Conference Rooms A&B, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Ortte1, Julie Trude None City Administrator, Jim Dickinson City Attorney, Scott Baumgartner PROPERTY PURCHASE NEGOTIATIONS UPDATElPIN 22-32-24-43-0005 Mr. Dickinson stated the property in question is the Martinson Property. Mr. Martinson approached the City and indicated he wanted to offer it first to the City for purchase. If they do not get an acceptable purchase price, he will either sell or rent the property. Mr. Dickinson stated he offered $158,600, six percent above the assessed market value of his property. Mr. Martinson disagreed and indicated he wants $200,000. Councilmember Trude stated what she sees is the appraisal for homes sold and the City appraisal is for homes for sale and not sold. She did not think they could use that appraisal in court if needed. Mr. Dickinson stated he did not tell the appraiser what he offered Mr. Martinson and did not request the appraiser to do anything special. The City appraisal came back at $159,000, close to what he offered Mr. Martinson. He noted the City appraisal shows both homes that were sold and homes that are still for sale. Mr. Dickinson stated a problem with Mr. Martinson's appraisal is it is identified as legally conforrnmg, which it is not; it is a nonconforming parcel. Also the comparab1es are questionable. Mayor Gamache stated he would pay $200,000 for a house on a street with low traffic but he would not want to purchase property for that amount on a busy road. Counci1member Jacobson asked where the money would come from if they were to purchase it. Mr. Dickinson explained what funds it would come out of. Councilmember Jacobson asked if it would be a parcel they would want. Mr. Dickinson indicated they would, if this is where the Council wants to put the skate park. Councilmember Jacobson did not think we need the land right now and thought we could better use the money elsewhere. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 o ~~ 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Closed Andover City Council Meeting Minutes - October 16, 2007 Page 2 Councilmember Knight wondered if the County took part of the land, what would Mr. Martinson get from it. Mr. Dickinson stated he would probably get $10,000 tops. The County would need to take the entire parcel if they purchase it. He did not think they could put a building on it because of the setbacks. Mayor Gamache stated he is comfortable at the $170,000 level. He would not want to have more rentals along there. Councilmember Jacobson thought they should let Mr. Martinson list it, wait for six months and then pick up the property. Mr. Dickinson wondered if there is a cap the Council would want to put on it as far as price. Councilmember Knight stated they have to consider the demolition costs if they make an offer. Councilmember Jacobson thought they should make the offer and see what happens. Councilmember Knight did not think they would want to go higher than $160,000. Councilmember Ortte1 thought they should give Mr. Martinson the City appraisal and offer and see what he says. PUTNAM APPEAL OF SPECIAL ASSESSMENT/07-42 Mr. Dickinson stated they received notice of a special assessment appeal and the City Attorney stated it is now up to Mr. Putnam. City Attorney Baumgartner explained to the Council the next steps in the appeal process. Mr. Dickinson stated this is an informational item for the Council. UNION CONTRACT NEGOTIATIONS Mr. Dickinson stated he is bringing this to the Council in order to show the Council how he was trying to work with the Union, and to update the Council on progress. The Council concurred they are not in agreement to change things. ANDOVER HIGHWAY RIGHT-OF-WAY PUT NO.3 DISCUSSIONS Mr. Dickinson stated they have been talking to a developer who is considering purchasing Kottke's land along with the surrounding properties. He stated they may need the City to be involved in the development of the parcel because the pond and right-of-way will need to be relocated. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Closed Andover City Council Meeting Minutes - October 16, 2007 Page 3 Mr. Dickinson reviewed the redevelopment process with the Council. Mr. Dickinson stated the City may be agreeable to vacating the right-of-way along with working on helping them relocate Kottke's Bus to a ten-acre parcel in Andover. He showed on the city map the area where the developers plan to relocate Kottke's Bus. Mr. Dickinson indicated they would want to acquire the pond and right-of-way and move it elsewhere on the property to make it a more aesthetically pleasing and efficient development. Councilmember Ortte1 stated he did not have a problem with it because the buyers are going to have to provide an internal road system. Mr. Dickinson stated another item is they are going to need to get water up to the proposed relocation parcel for fIre suppression for Kottke's otherwise they may not be able to relocate there. Counci1member Orttel thought they could put in a large storage tank for water like the churches have done. Mr. Dickinson stated the City could run water up to the area. The cost is currently being estimated by staff. Mr. Dickinson stated they can use TIP for this and make it all work. Councilmember Jacobson asked if there is any rezoning needed in order for this to be completed. Mr. Dickinson stated there is and explained the rezoning needed. Counci1member Jacobson stated he did not have a problem moving the pond because he thought the benefits would outweigh the negatives. Councilmember Trude stated if they are going to do this exchange she would want it in writing that they will not bring in a grocery store or a big box discount store such as Wal-Mart or K-Mart. She did not think they would have the same standards as Andover North and South, but would like them to comply. Mr. Dickinson thought they are going to request the City vacate the right-of-way and did not think they will want to pay for it. Councilmember Knight wondered if there is a way they could connect the pond to the Target site pond because that would make a really nice site. Mr. Dickinson indicated that would need to be studied. Councilmember Orttel thought they would be interested but would want more details soon. Councilmember Knight wondered what the ballpark development dollar figure is. Mr. Dickinson thought the amount offered to Kottke's was seven million. Fifty million would complete the development. Councilmember Ortte1 thought they would be willing to give up the pond. Mr. Dickinson reviewed preliminary costs the City may need to incur to help move Kottke's up to o o o Closed Andover City Council Meeting Minutes - October 16, 2007 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 the Hughs Industrial Park area. Counci1member Knight thought they may want to put in a City well at the Hughs Industrial Park if feasible. Mr. Dickinson stated he would bring more information to the Council when it becomes available. Motion by Jacobson, seconded by Orttel, to adjourn the executive session. Motion carried unanimously. The meeting adjourned at 9:22 p.m. The Council returned to the Council Chambers. Respectfully submitted, Susan Osbeck, Recording Secretary o o o Regular Andover City Council Meeting Minutes - October 16, 2007 Page 7 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - OCTOBER 16, 2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MINUTES ...................................................................................................... 1 CONSENT ITEMS Approve Payment of Claims ............................................;...................................................2 Resolution R143 & 144-07 declaring Cost/Order Assessment Ro1l/07 -25 (2756-134th Lane NW) & 07-26 (2766-134th Lane NW)/SS & WM.................................................................... 2 Resolution R145-07 receiving Assessment Roll/Order Public Hearing!07-02/2007 Overlays ............ ......... ........... .................. .......................... ........................... .... ........ ....... 2 Resolution R146-07 terminating Project/07-34/S Half of Section 24/N Half of Section 25/ Street Lighting............ ............................. .......................... ........... .............. ..................... 2 Resolution R147-07 approving Compensating Change Order #1106-22 (Crooked Lake Boat Landing(, 07-9 (Terrace Park) & 07-18 (160th Lane NW Cul-DE-Sac) .................2 Resolution R148-07 accepting Donation of TreeslL&K Emmerich LLC ........................... 2 Resolution R149-07 approving Premises Permit/Lawfu1 Gambling! Andover Huskies Youth Hockey...... ................ ......... ...................... ................. ....... .................................... 2 Approve Off-Sale. Intoxicating Liquor License/Northgate Liquors ..................................... 2 RECEIVE ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT Received............ .......... .............. ............ ......... ...... ......... ... .............. ........... ............ ................ 3 SPECIAL PRESENTATION - ANOKA-HENNEPIN SCHOOL DISTRICT ......................... 3 CITY SIGN CODE VIOLATION ............................................................................................. 4 APPROVE FINAL PLATIHICKORY MEADOWS/ANDOVER BOULEVARD NW Motion to approve (R150-07) ...............................................................................................5 SCHEDULE EDA MEETING...................................................................................................5 SCHEDULE FEBRUARY WORKSHOP .................................................................................6 ADMINISTRATOR REPORT .................................................................................................. 6 MAYOR/COUNCIL INPUT .....................................................................................................6 ADJOURNMENT......................................................................................................................6 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 0;; 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 044 . 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING - OCTOBER 16, 2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 16, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Ortte1, Julie Trude None City Attorney, Scott Baumgartner City Administrator, Jim Dickinson Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. Dean Olson - 17132 Round Lake Boulevard, stated he would like to discuss sign issues. Mr. Dickinson indicated this item will be added to the agenda. AGENDA APPROVAL Add Item 12a, (City Sign Code Violation). Remove from Consent Items for discussion Items 7, (Approve Final P1atlHickory Meadows/Andover Boulevard NW); and Item D under the closed session, (Andover Right-of-Way Plat Discussion with the Highway Department). Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES September 20, 2007, Joint Meeting with Park Commission: Correct as written. Motion by Jacobson, Seconded by Gamache, approval of Minutes as indicated above. Motion carried unanimously. September 25, 2007, Workshop Meeting: Correct as amended. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 Regular Andover City Council Meeting Minutes - October 16, 2007 Page 2 Councilmember Trude stated on page six, line 41, she wanted to add a sentence that was said during the discussion but did not make it to the minutes. "She proposed using one million dollars as the threshold for these projects, then smaller maintenance projects would be excluded." Motion by Trude, Seconded by Orttel, approval of Minutes as indicated above. Motion carried 3 ayes, 2 present (Jacobson, Knight). October 2, 2007, Regular Meeting: Correct as amended. Councilmember Jacobson stated on page seven, line 18, the sentence should read "Councilmember Jacobson asked if they had a fI:Ifal road extension". Counci1member Trude stated on page seven, line 30, she asked for an addition of "Ward Lake Road", She also noted on page twelve, line 39, the sentence should read "The real point in the listing of improvements is ifit is not what the Council thinks...". Councilmember Trude stated on page twelve, line 44, after the word meet should be "and not accumulating the funds that they need to meet all the needs of all the children moving into the homes". Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Approval of Claims Declare Cost/Order Assessment Ro1l/07-25 (2756 - 134th Lane NW) & 07-26 (2766 -134th Lane NW)/SS & WM (Res. R143-07 & R144-07) Receive Assessment Roll/Order Public Hearing!07-2/2007 Overlays (See Resolution R145-07) Terminate Project/07-34/S Half of Section 24/N Half of Section 25/ Street Lighting (Res. R146-07) Approve Compensating Change Order #1106-22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160th Lane NW Cul-De-Sac) (Res. R147-07) Accept Donation of TreeslL&K Emmerich LLC (Res. R148-07) Approve Premises PermitlLawful Gambling! Andover Huskies Youth Hockey Approve Off-Sale Intoxicating Liquor License/Northgate Liquors Item 4 Item 5 Item 6 Item 8 Item 9 Item 10 Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 , 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - October 16, 2007 Page 3 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Lieutenant Brian Podany, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. SPECIAL PRESENTATION -ANOKA-HENNEPIN SCHOOL DISTRICT The Anoka Hennepin School District 11 Board has requested the opportunity to present information to the City Council regarding the upcoming referendum vote. Mr. Tom Heidemann from the Anoka Hennepin School District 11 Board made a presentation to the Council regarding the proposed schoo11evy. Counci1member Knight wondered what has driven the cost of education up. Mr. Heidemann stated their busing is going up around four percent. They are dealing with the same type of issues that the City is dealing with. He stated health care costs are going up, there is also a three percent salary increase, which is an average increase. Beyond that there are other items that are mandated by the State. Mr. Heidemann reviewed the different levy questions with the Council. Councilmember Jacobson asked if they need voter approval for bonding. Mr. Heidemann indicated they do; only the City of Minneapolis can do bonding approval without voter approval. Councilmember Trude stated there is a lot of concern among people in the City because they have the newest growth in the area with children in school. They are seeing a demand in the city for single family homes that have young families and they want to live in an area that has schools and parks and trails. The concern a lot of people have brought to her that she would like him to bring back to the Board members if things do not go well is that the community hopes the school bOaJd will look at the growth over ten years. If there are any plans for school closings that they look at the population trends, demands and the facilities, the energy efficiencies of the buildings and the areas that support the levies and not have it turn out that the people that come out and support all these lose the most programs and the most buildings. Mr. Heidemann stated he will return that message but the reality is that the decisions will be made basically on economics. Mayor Gamache asked how much school classrooms would increase if the levy was not passed and what the class size currently is by grade levels. Mr. Heidemann explained to the Council the classroom sizes and what is proposed. Councilmember Trude stated another question she has heard is that physically they cannot imagine that the numbers that they would project of moving from one school to another could happen even if they put forty children in one classroom because there would not be lunchroom, bathroom, hallway or locker space and there would be fire code violations in practically any high school that tried to o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 019 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - October 16, 2007 Page 4 accommodate another four or five hundred students and elementary schools would potentially not have it so difficult because they do not have all the mega schools like the high schools. Mr. Heidemann stated these are not easy issues. The spacing they had planned for was based on a certain staffmg ratio that was at the metro average. He stated they are a slightly declining enrollment school district. The number of buildings they have is based on a certain staffing ratio which is based on a certain amount of operating dollars per student when they look at that they will have to go back to class sizes which are the highest in the metro area and crowded lunch rooms and if they have fire code issues they will have to seriously look at other ways to offer education potentially. This could include things like split shifts or have school in the summer. One way or the other they have to provide the education the best they can with the teachers they have. Councilmember Trude stated there is a always a feeling that the river divides the school district in a lot of ways and there is this impression the public has that somehow the facilities on the west side of the river will not be impacted because the river really isolates them. She wondered if the school board has discussed this in terms of if the levy were not to pass. Mr. Heidemann stated they have. They basically were able to move everyone from Hennepin County back across the river when Andover High School was built. He stated this will not be the case anymore. They used to transport kids across the river and they still can do it if needed. All boundary changes will impact everyone. He stated there is one advantage that Anoka Hennepin has for being large which is economics, a disadvantage is they can lose the ability to communicate with parents. Mayor Gamache thanked Mr. Heidemann for coming before them to explain the proposed levy coming up for vote on November 6, 2007. CITY SIGN CODE VIOLATION Mr. Dickinson stated this was brought to his attention on Friday and it relates to a City sign code violation at 17132 Round Lake Boulevard. He reviewed the background with the Council. Councilmember Orttel asked what the sign would be considered. Mr. Dickinson stated it is categorized as a residential identification sign. Counci1member Orttel was not sure if it is a residential identification sign because he thought it was a statement. It does not identify the property, not a political statement, etc. Councilmember Knight thought it could be agricultural because it refers to agricultural conditions. He thought the issue was the size and not the message. Councilmember Orttel was not sure if this sign fit anywhere. Councilmember Jacobson stated they are talking about the size of the sign and Mr. Olson wants something bigger than what staff says it should be. Mr. Olson stated it sounds like that is the only issue. Councilmember Jacobson asked if there is any reason they cannot put whatever they want to say on the sixteen-foot sign. Mr. Olson wondered what determines agricultural. He wondered what was not agricultural about the sign. He stated he could make a smaller sign if the size is the only Issue. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - October 16, 2007 Page 5 City Attorney Bamngartner stated they would be inclined to drop the issue if it is verified by City staff that the sign was reduced to the acceptable size. APPROVE FINAL PLATnIICKORY MEADOWS/ANDOVER BOULEVARD NW The Council is asked to approve the final plat for Hickory Meadows. Councilmember Trude stated they have had a recent discussion with the Park Commission about the shortage of funds to do everything they want to do in the next five to ten years and they talked about paring things down. This is a plat that has one lot set aside for a future park and then the next parcel that is developed will have more land set aside for a park and she wanted to know if the Council was interested in preserving the right to let the plat go through uninterrupted but have the staff go to the developer telling them the City might choose to take park dedication fees mther than land and then that could be rep1atted with part two as a lot. She stated this is sitting within a quarter of a mile from Prairie Knoll Park and she did not know if they need a smaller neighborhood park in there. Counci1member Orttel thought all together there were going to be quite a large nmnber of lots, which would probably dictate one small play area even if it is not a completed park. Councilmember Jacobson stated they have to understand that the roads will be very busy and to have kids crossing those roads would be dangerous. Councilmember Trude did not want to interfere with the filing of the plat because she understood the developer wants to get moving forward on it. She asked Mr. Dickinson if there is anything that is doable with this. Mr. Dickinson thought when they come in with the next plat if there is an indication that they can consolidate that with the other plat then at that point it can be dealt with but at this point he thought by doing anything with this lot would not be consistent with the preliminary and he would not recommend they make any change at this point but they can pass that along to the developer that the Council would entertain that. Motion by Jacobson, Seconded by Orttel, to adopt the attached resolution approving the final plat with conditions. Mayor Gamache stated with the chance that the development to the piece to the west is expanded and has a park that butts up against it they may want to have one centrally located park in the area instead of having a park in every development. CounciImember Trude stated that was the plan. Motion carried unanimously. (Res. R150-07) SCHEDULE EDA MEETING o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 019 20 21 22 23 24 25 26 27 28 29 30 31 32 o Regular Andover City Council Meeting Minutes - October 16,2007 Page 6 Motion by Jacobson, Seconded by Knight, to schedule an EDA meeting on November 20, 2007 at 6:00 p.m. Motion carried unanimously. SCHEDULE FEBRUARY WORKSHOP Motion by Trude, Seconded by Knight, to schedule a Council Workshop for November 27, 2007 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, development activities, public improvement projects and miscellaneous activities. .MAYOR/COUNCIL INPUT There was none. The Council recessed at 8 :29 p.m. to go into a closed session. The Council reconvened at 9:22 p.m. from the closed session. Motion by Jacobson, Seconded by Ortte1, to adjourn. Motion carriedrinammous1y. The meeting adjourned at 9:23 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 023 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 045 ANDOVER CITY COUNCIL WORKSHOP- OCTOBER 23, 2007 MINUTES A workshop of the Andover City Council was called to order by Mayor Mike Gamache, October 23, 2007, 6:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mayor Mike Gamache, Don Jacobson, Mike Knight, Ken Ortte1 (arrived at 7:28 p.m.), Julie Trude (arrived at 6:03 p.m.) None City Administrator Jim Dickinson Director of Public Works/City Engineer Dave Berkowitz Director of Community Development Will Neumeister Assistant Public Works DirectorlParks Coordinator Todd Haas Others Councilmembers absent: Also present: REVIEW COMPREHENSIVE PLAN UPDATE (pARKS & OPEN SPACE) Community Development Director Neumeister stated the Open Space Advisory Commission had revised the open space section of the Parks and Open Space Chapter of the Comprehensive Plan and presented the Council with the proposed changes. He indicated the changes are intended to provide a better framework for the open space preservation effort, noting the previous language was found to be too general to guide decisions in this area. Mr. Neumeister pointed out a correction on page 43 of the 10/11/07 draft, adding the word "be" to the second bullet under section ii) related to City purchase, so that the bullet reads "Eminent domain may be utilized if an overriding public need can be established. 2006 Open Space Bond Referendum funds must not be utilized." , Councilmember Trude arrived at 6:03 p.m. Councilmember Jacobson expressed concern about mixing parks with open space. Councilmember Knight questioned whether the use of eminent domain is appropriate in the document. City Administrator Jim Dickinson stated that the eminent domain language is not new to this document. Counci1member Jacobson felt the section related to "methods of parks and open space acquisition" is confusing. Councilmember Trude suggested it should be a stand-alone category. City Administrator Dickinson agreed the title on the bottom of page 42 "Methods of parks and open space acquisition" should be a bolded stand-alone heading. In addition, the two bulleted items under section "ii) City purchase" should be deleted so that section ii) reads only "City purchase." Andover City Council Workshop Meeting Minutes - October 23, 2007 o Page 2 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Councilmember Jacobson requested clarification of the last bulleted item on page 41 with respect to "other notable features, including historical, educational, archaeological, aesthetic, and other features." He questioned whether this item is appropriate, adding when people think of open space, they do not necessarily think of historical or educational features. He stated the Open Space Referendum was intended for open space. Mr. Dickinson explained this is intended to be a broader overview of the entire community, and the Open Space Referendum is one component of open space as a whole. He stated the Referendum can only focus on a specific portion of open space. Councilmember Jacobson reiterated his concern about the inclusion of historical and/or educational features. Mayor Gamache suggested the document be revised to include an explanation of what is meant by other notable features, including historical, educational, archaeological, aesthetic, and other features. Councilmember Trude suggested the last paragraph on page 43 regarding "Implementation" be moved to the section "Park Land Site Selection Criteria," stating it may be more appropriate to put it in this section of the document. Mr. Dickinson referred the Council to the bul1eted items at the top of page 41, noting that the third bullet "unique biological, geological, historical and archaeological sites" has now been consolidated with other items. He stated the Open Space Advisory Commission and staff did work to consolidate several items in the document. Mr. Dickinson suggested a revision to the first paragraph on page 40, changing the last sentence in the paragraph to read, "The plan is amended periodically to document changes to the park system and to determine if the current park dedication rate is appropriate." Mr. Neumeister stated that staff will prepare revisions to the document and forward a revised draft to the Council in the near future. DISCUSS PARK DEDICATION STUDYIIMPROVEMENTS City Administrator Dickinson stated that after the October 2, 2007 City Council meeting, the Council had some additional questions regarding the proposed fee and the future improvements listing. He stated the Park and Recreation Commission discussed the Park Dedication Study at its October 18 meeting; Dan Masloski, Chair of the Park and Recreation Commission, was present at the meeting to update the Council on the Park Commission's discussions. Mr. Dickinson added there appears to be some confusion among staff, the Council, and the Park Commission regarding how to proceed with future park expenditures. He noted the study was updated primarily to ensure the current park dedication fee was appropriate. Mr. Dickinson stated based on the computation formulas, if a significant number of the improvements are removed, the park fee would actually go down; however, that would work o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 020 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 042 43 Andover City Council Workshop Meeting Minutes - October 23, 2007 Page 3 against what the City is trying to achieve. He indicated the future park improvement listing should not be considered an end-alllisting. Councilmember Jacobson asked if the city's future improvement listing totaled, for example, $10 million, and then the improvement listing was reduced to $7 million, would the city in effect be over-collecting. Mr. Dickinson replied in the affirmative, adding the park dedication study is updated on an annual basis to make certain park system improvements and associated costs are in line with existing and future growth. Mayor Gamache stated his preference to keep the park dedication fee at its current rate with only an inflationary increase. He expressed concern about the cost associated with the hockey rinks and requested a breakdown of the expenses. Dan Masloski, Chair of the Park and Recreation Commission, stated the Parkand Recreation Commission felt it was important to develop parks of a first rate nature that have a life span of 25-40 years. Mayor Gamache expressed concern about the high dollar amount being requested for Hawkridge and Rose Parks. Mr. Masloski stated the list is intended as a comprehensive list with the overall intent of developing a very nice park system. He stated the Park and Recreation Commission felt the park dedication fees are fairly close to cover what is on the list. Councilmember Jacobson stated there may be too many small parks scattered allover the city, making them difficult to maintain. He stated it may be worthwhile to consider consolidating some of the smaller parks into a larger, more central location. Mr. Masloski stated that the Council has previously expressed concern over raising the park dedication fee; as a result, the Park Commission worked hard to prioritize the future imporvement list. He stated he would like to see a reserve in the fund so that when you have a special interest group come into the city looking to partner with the City on development, the City has the ability to match funds on a collaborative basis. Mr. Mas10ski stated that a referendum should not be used to solve park problems; rather, it is important to make sure the city is assessing appropriate park dedication fees and to make sure the money is paying for what is on the list. Mayor Gamache stated he felt Hawkridge Park should be developed and the City should focus on this park. He stated it may be prudent to hold off on some other smaller things and utilize those funds elsewhere. Mr. Masloski asked where the funds for watering Sunshine Park come from. o o o Andover City Council Workshop Meeting Minutes - October 23, 2007 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Mr. Dickinson replied watering funds are not part of park dedication; rather, these funds come under maintenance, and since the water system is a utility supported by the users and the city as a whole should pay for the water not subsidized by the utility users. Mr. Mas10ski stated the direction from the Council appears to be to work on Hawkridge Park and figure out how to spend the money the Park Commission has been allocated. Counci1member Knight stated there are some areas of the City that will age faster than others. He felt it was important to consider that and decide where the City is going to put parks as the demographics and demands of a specific area change. ' Mr. Masloski stated he would like to see a park fee that would cover everything the City is trying to do and to make sure the City is in the ballpark with other communities. Mayor Gamache reiterated his request for a breakdown on the costs associated with the hockey rink., Assistant Public Works Director/Park Coordinator Haas agreed to provide these figures to the Council. The City Council discussed gravel versus paved parks. Director of Public Works/City Engineer Berkowitz stated there are efficiencies associated with a paved and striped parking lot and noted this type of amenity makes for a nice park. Mr. Haas stated in the current plan, the City is only paving the larger parks. Counci1member Jacobson stated he felt the City should go with the plan as "Written now and then in another year or two, see how building in the area increases. Mr. Dickinson asked the Council for feedback on moving forward withjust an inflationary increase in the current park fee for 2008 or go with the study. Councilmember Trude stated she felt it would be appropriate to pullout a few things and then re- run the numbers. Mayor Gamache stated the costs associated with an interpretive center appear high. Mr. Dickinson stated this item could be removed from the list and the funds reallocated to other projects. Councilmember Jacobson reiterated his desire to go with the plan as "Written right now. Discussion ensued regarding the interpretive center and its purpose. It was the consensus of the Council to go with the fee supported by the study. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 020 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 042 43 Andover City Council Workshop Meeting Minutes - October 23, 2007 Page 5 Mr. Dickinson directed the Council to page 14 of the study, specifically Table 7, which illustrates commercial/industrial park dedication fees currently charged by other developing communities. He stated the City's current commercial/industrial park dedication fee of 10% of the value of the land would be $35,000 per acre ifland sold for $8/square foot. It is not comparable to what other communities are charging, and may deter future commercial/industrial development in the City. Counci1member Jacobson requested staff review this issue further and make a recommendation to the Council at its December meeting. Councilmember Knight asked how other cities arrive at their commercial/industrial park dedication fees. Mr. Dickinson stated most cities base their fee on residential development with layers of commercial and industrial on top of that. Mr. Dickinson stated staff will further research the commercial/industrial park dedication fees and present a recommendation to the Council in December. DISCUSS POTENTIAL PREVAILING WAGE ORDINANCE City Administrator Dickinson stated the Council had previously discussed whether to require prevailing wage on all City construction projects; discussion now is centered on reviewing an ordinance and an appropriate monetary threshold. Mr. Dickinson presented a sample ordinance from the City of Coon Rapids, and stated Coon Rapids has a monetary threshold of $50,000. Victor Ruzinski, union representative, appeared before the Council. Director of Public Works/City Engineer Berkowitz stated that a mill and overlay project would be considered street reconstruction and would be subject to prevailing wage. He stated, as an example, the bypass and turn lane project on 161 st was $189,000. He noted that projects that would go over the threshold include anything water system related, well drilling, treatment plants, and towers. Councilmember Jacobson asked how much this would raise the cost of current projects. Mr. Dickinson stated he could not determine total project cost because of the competitive bidding process. Councilmember Jacobson asked of the projects the City had this year, how many were built using the prevailing wage. Mr. Berkowitz stated the intersection improvements on 161st and Crane were non-union, the o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 020 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 042 43 44 Andover City Council Workshop Meeting Minutes - October 23, 2007 Page 6 overlay project was non-union, the railroad quiet zone was non-union, and all the park projects were non-union. He stated the Crosstown and Nightingale project was union. Mr. Ruzinski stated it is difficult to compare projects that are union and non~union. He added that prevailing wages'benefit the workers on ajob site. Councilmember Jacobson asked if there are a lot of cities that do not recognize prevailing wage. Mr. Dickinson stated there is a strong push by union organizations to get prevailing wage ordinances or policies in place. Mr. Ruzinski added a lot of cities recognize the prevailing wage regulations, but do not necessarily have an ordinance in place. Mayor Gamache stated he was comfortable with an ordinance with a monetary threshold of $200,000. Councilmember Trude concurred. Councilmember Jacobson stated he was more comfortable with a threshold of$150,000. Mr. Dickinson stated the threshold is based on construction costs only, and does not include other incidental costs, e.g., engineering costs associated with a project. Following further discussion, it was the consensus of the Council to include a monetary threshold of$150,000. Mr. Dickinson stated he would bring this matter to the Council at its November meeting. 2008-2012 CIP PROGRESS REPORT City Administrator Dickinson presented an update on the 2008-2012 CIP and stated that staff would like to present the document for public hearing on November 20th. Counci1member Jacobson asked about the funding needed for the skateboard park. Mr. Dickinson stated the project would likely require a budget of approximately $165,000. New equipment would be of an aluminum frame with rubber molding that is weather-resistant. Mayor Gamache asked if the City of Anoka has any skateboard equipment that the City could use, as it appears they are closing Goodrich Park. Mr. Dickinson stated he would emai1 a website link to the Council that contains information on designing skateboard parks and costs.. Councilmember Ortte1 arrived at 7:28 p.m. Councilmember Knight asked about the Bunker Lake Boulevard medians. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 O. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 01; 44 Andover City Council Workshop Meeting Minutes - October 23, 2007 Page 7 Mr. Dickinson replied these fall under the EDA budget. Mr. Dickinson stated that staff will advertise the public hearing for the 2008-2012 CIP for the November 20th meeting. Director of Public Works/City Engineer Berkowitz distributed copies of the irrigation well feasibility study. He stated that staff worked with SEH on the project with an eye toward putting irrigation in each park. He noted that previous discussion centered around putting in sand points, and stated that every well identified in the study is based on a deeper well and not a sand point, adding that the City does not have enough information through geological reports to determine a sand point; as a result, the study is based on the higher assumption that a new well is required. Mr. Berkowitz provided an example with Hawkridge Park, pointing out a well depth of 100-150 feet, generating 100-150 gallons per minute of non-potable water to provide adequate irrigation for the park. He stated if the well depth and gallons per minute were decreased, the irrigation system would have to run constantly to keep up. He added that the costs associated with the study include drilling, the VFD (variable frequency drive), and the pump; the costs associated with making the system operational and irrigation would be additional. Mr. Berkowitz stated that Sunshine Park would require 290 gallons per minute. He stated energy costs per year are based from May to October, running five hours per night. He reported the City currently pays the water utility approximately $40,000 for all the parks for water and of that cost, Sunshine Park is $27,000. Councilmember Trude stated she felt this was a good investment for the City's large parks. Mr. Berkowitz requested the Council review the irrigation feasibility study and provide staffwith any comments. 2008 OPERATING BUDGET PROGRESS REPORT City Administrator Dickinson presented an update of the 2008 proposed budget that will be supported by the 2008 tax levy. He stated that with respect to health insurance and after receiving an initial bid with an increase of over 40%, staffhas started negotiations with the City's current provider. He stated he is confident the increase will come within the amount currently budgeted for health insurance of25%. Mr. Dickinson reported that staffhas been working with Youth First and believes that funding for a contribution of $12,000 can be met. Councilmember Ortte1 asked if there are other buildings available for the work with Youth First. Mr. Dickinson stated that he will discuss this matter further with Youth First. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 " 20 W 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 042 43 44 Andover City Council Workshop Meeting Minutes - October 23, 2007 Page 8 The Council asked Mr. Dickinson to review the potential redevelopment of the properties along Bunker again. 2008 INTERNAL SERVICE FUNDS BUDGET DISCUSSION City Administrator Dickinson stated the Council has had a number of reviews of the 2008 budget and as part of that review, has expressed a desire to review the Internal Service Fund in more detail. Mr. Dickinson presented the line item budgets for equipment maintenance and risk management. He stated the equipment fund is used to maintain the City's equipment, as well as gas/fuel for all the equipment and vehicles used in the City. He noted these costs are then allocated to all the departments that use vehicles. He added that the costs associated with risk management are allocated out to the various departments based on department payroll and equipment used.. Mr. Dickinson stated that at the November Council workshop meeting, he will present to the Council what will be presented at the December 4th Truth in Taxation hearing. DISCUSS VARIANCES TO FRONT SETBACKSIWOODLAND JRD ADDITION Director of Community Development Neumeister stated that Woodland Development has requested a variance to front yard setback requirements in the new Woodland Estates 3rd Addition. He stated that Woodland Development previously constructed a retaining wall along the east property line of Woodland Estates 3rd Addition in order to preserve the large stand of trees on the west side of Woodland Estates 2nd Addition. He indicated the retaining wall encroached about 20 feet into the back yards on Block 2. He stated the Council is being asked to discuss whether they would support a variance request. Joe Haug1ie, Vice President, Land Development and Sales, Woodland Development, was present at the meeting. Councilmember Jacobson asked Mr. Hauglie ifhe felt the lots would not sell without the vanance. Mr. Haug1ie stated he felt the lots would eventually sell but it may take longer and they might sell for less. He stated the topography in the area is difficult and they worked hard with the neighbors to save the large stand of trees. He noted the retaining wall on the east side of the property is up to nine feet in some areas and on the west side the wall is between four and eight feet. Director of Community Development Neumeister presented some photographs of the property and retaining wall in the area. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 020 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 042 Andover City Council Workshop Meeting Minutes - October 23, 2007 Page 9 Mayor Gamache asked how much of the property above the wall is owned by the people off of Verdin Street. Mr. Haug1ie replied twenty feet. Councilmember Trude stated she is open to doing some sort of variance. Mr. Neumeister stated that staffwill work with Mr. Hauglie to work up some special conditions and prepare an application for a variance request for presentation to the Planning Commission. Mayor Gamache asked if this would involve a reduced front yard setback on both sides of the road. Mr. Neumeister replied in the affIrmative. DISCUSS LAND DEVELOPMENT REQUEST FROM WOODLAND DEVELOPMENT Director of Community Development Neumeister stated that Woodland Development is asking the City to include changes in the Comprehensive Plan Uldate to allow development of the fIve acres immediately north of the new Woodland Estates 3' Addition before the Rural Reserve Area develops. He stated several factors need to be considered as part of the decision-making process, including the fact that the area would need to be brought into the MUSA and re- designated to Urban Residential Low Density. He stated the City Council and Met Council have agreed that the density for the Rural Reserve will be three units per net acre. He indicated the sketch plan will have approximately the same density as other Woodland Development sites, in the neighborhood of2.5 units per acre. He stated the Met Council will likely take issue with this request. He stated that staffhad hoped the Met Council would accept the fact that we are compensating a larger land mass and this should be an exception to the rural reserve. Mr. Neumeister replied the developer is currently trying to fmd out if the Council is willing to do this in 2010, and if yes, it would require comprehensive plan approval. He noted we are about three years ahead of time on this request, noting that if the comprehensive plan is updated, we want to include it now so it does not need to be amended again in three years. Mayor Gamache asked about sewer and water capacity. Director of Public Works/City Engineer Berkowitz stated this area will be on the Crosstown trunk and will have 13 lots connected into the sewer system, which would be the maximum. Councilmember Jacobson expressed concern about the master plan for this entire area. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 020 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 042 43 44 Andover City Council Workshop Meeting Minutes - October 23, 2007 Page 10 It was the consensus of the City Council to continue to review this matter to determine if the Comprehensive Plan Update should accommodate development of the five areas before the Rural Reserve Area develops. Staff will also work with the Met Council on the density issue. DISCUSS LOTS ALLOWED ON RURAL CUL-DE-SACS Director of Community Development Neumeister stated an issue regarding the number of lots allowed to front a cul-de-sac was raised through the Woodland Hills plat. He stated when the ordinance was changed to a maximum of two lots per cul-de-sac, it was never the intent to artificially limit the number oflots per cul-de-sac; rather, the intent was to allow two lots per cul- de-sac to use the reduced lot width requirement of 160 feet. He stated staff does not believe there is any reason that a plat should be restricted from platting additional rural lots on a cul-de- sac if the standard 2.5 acre lot area, 300 foot width, and 150 foot depth requirements can be met. Councilmember Orttel stated it was the frontage that the Council was concerned about, and indicated this is a non-typical lot and the developer appears to have met the requirements of the ordinance. Councilmember Jacobson asked how this impacts other cul-de-sacs. Mr. Neumeister stated you would have three lots on every cul-de-sac and the question for the Council is whether it wants to stay with two or increase it to three. He stated staff feels there are a lot of good reasons to increase it to three. Mayor Gamache asked if the City will have issues with other cul-de-sacs if the number is increased. Mr. Neumeister stated any future developer would have to prove that a particular lot is buildable. Director of Public Works/City Engineer Berkowitz stated that in this area, you have large lots which must be 2.5 acres and if you can get three lots in the cul-de-sac, it would be cost effective because now you have three property owners helping to pay for maintenance, etc. It was the consensus of the Council to direct staff to prepare an amendment to the ordinance to more accurately reflect the original intent of the ordinance. OTHER BUSINESS Director of Public Works/City Engineer Berkowitz reported the survey work on Marystone Boulevard is being completed. He indicated this matter will be brought to a workshop in the near future. Mr. Berkowitz requested feedback from the Council regarding neighborhood meetings on the proposal to eliminate left turns onto Crosstown Drive from northbound Crosstown Boulevard. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 020 21 22 23 24 25 26 27 28 29 30 31 32 o Andover City Council Workshop Meeting Minutes - October 23, 2007 Page 11 He indicated there would be significant areas impacted by this proposal and asked if informational meetings should be held to obtain resident feedback. Mayor Gamache stated this is a very dangerous intersection. Mr. Berkowitz stated that staffwould like to meet with the County in order to consider different options for the intersection, followed perhaps by neighborhood meetings. Councilmember Knight asked if putting time restrictions on left turns would be appropriate, and asked if the public complies with time restrictions. Mr. Berkowitz stated it would likely require law enforcement to start ticketing violators. Mr. Berkowitz provided an update on the Hanson Boulevard project and stated that weather conditions have caused some delay in completion of the project. He stated that the contractor is hoping for a November I completion date, but it may be mid-November before the road is opened. City Administrator Dickinson stated that City Attorney Bill Hawkins is considering retirement and will be taking a two-month sabbatical. He stated that Mr. Hawkins wanted the Council to be aware of his intentions and to inform the Council that he will continue to be available for real estate transactions for the City and to assist Scott Baumgartner. Mr. Dickinson indicted that he felt confident that Mr. Baumgartner would do an excellent job and is very pleased with his performance and knowledge. Motion by Councilmember Orttel, seconded by Councilmember Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 8:45 p.m. Respectfully submitted, Barbara Hughes, Recording Secretary o CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: November 6, 2007 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $111,019.97 on disbursement edit lists #1 - #2 from 10/24/07 to 10/25/07 have been issued and released. o Claims totaling $264,139.93 on disbursement edit list #3 dated 11/06/07 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. 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WWW.CI.ANDOVER.MN.US Mayor and Council Members ~ Jim Dickinson, City Administrat~ David D, Berkowitz, Director of Public Works/City Engineer FROM: SUBJECT: Accept Quit Claim Deeds/06-14/White Pine Wilderness - Engineering DATE: November 6, 2007 INTRODUCTION The City Council is requested to accept the Quit Claim Deeds for a drainage and utility easement within the White Pine Wilderness Plat, Project 06-14. DISCUSSION In an effort to save trees in the rear yard of 3 lots in the White Pine Wilderness plat the developer and a current property/homeowner opted to provide the City with additional drainage and utility easement. Refer to the attached quit claim deeds and easement exhibits for details. These easements are required due to the rear yard elevations that are within the 100 year flood elevation of the wetland located in the rear yard of each property. The wetland is not within the buildable area, but the 100 year flood elevation of the wetland extends outside the existing easement. The applicants had two options. The first option was to provide additional easement and the second option was to remove trees and provide fill within the areas identified. Saving the trees is the preferred option for the applicants, The applicants are required to pay a recording fee of $60,00 per deed, Once the City Council approves the quit claim deeds and the fees are paid the City Clerk will record the deeds with Anoka County. ACTION REOUIRED The City Council is requested to accept the Quit Claim Deeds within White Pine Wilderness, Project 06-14. Respectfully submitted, Q~a David D, Berkowitz Attachrilents: Quit Claim Deeds & Easement Drawings cc: Larry Emmerich, 1341 - 161st Avenue NW, Andover Kevin and Correan Hanover, 1451 - 162nd Avenue NW, Andover ,fI" 2S-M - QUIT CLAlM DEED MiWlesOla Unifonn Conveyancing Blanks (1/15/97) MillerJDavis Co.@ St. Paul. MN 651-642-1988 ....-..--...,------..--.. -.-.--.----..-') I I I I I I i 1 I I ! [..fudi~j~;)~toC~~~~.._--._--.-~---~ ! Partnership or Limited Liability Company , No delinquent taxes and transfer entered; Certificate Real Estate Value ( ) filed ( ) not require ertificate of Real Estate Value No. (Date) County Auditor by Deputy i ! DEED TAX DUE: $ ~/A- [Date: (O'..7M'ir7~. ~ 2607 I FOR VALUABLE CONSIDERATION, Kevin Hanover and Correan Hanover. husband and wife I i I Grantor, hereby conveys and quitclaims to Ci ty of Annm,,,,. I Grantee, a Municipal Cor:poration under the laws of Minn".nb I real property in Anoka County, Minnesota, described as follows: I See Attached Exhibit "A" I I I I (reserved for recording data) (marital status) ether with all hereditaments and appurtenances. . eck box if appllcable: o The Seller certifies that the seller does not know of any wells on the described real property. o A well disclosure certificate accompanies this document. o I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. I I I I I I I I I I i STATE OF MINNESOTA I COUNTY OF {fg~J(kt~ /'~n Han 'er iJtu'~ Affix Deed Tax Stamp Here ~u2 6th-. Correan Hanover An()1c~ }ss This instrument was acknowledged before me on (O~!~Ul-) r:t; 20() 7 Date !bY I I I I , I i Kevin Hanover and Correan Hanover, husband ,mil wi fp JANET R, THOMAS Notary Public-Minnesota My~_Jln3'.2010 Check here if part or all of !he land is Registered (Torreos)0 Tax Statements for the real propertY described in this instrument should be sent to (include name aod address of Grantee): THIS INSTRUMENT WAS DRAFrED BY (NAME AND ADDRESS): Registered Abstracters, 2115 North Third Avenue Anoka, MN 55303 Inc. City of Andover . \\.onQ:<<:r&~\~~ -\\%lJ'V'~~ f\\f\ C(J7~ i 1__._....________._.______.__.__._._...______.._..._.___.-_..._... :,.~_..--_--.-.J WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED - jGENUINE.......gC PRINTED FOAMS HAVE A BLUE BORDER) o EXHIBIT" A" An easement for drainage and utility purposes over, under and across that part of Lot 4, Block 3, WHITE PINE WILDERNESS, according to the recorded plat thereof, Anoka County, Minnesota described as follows: Commencing at the most Easterly corner of said Lot 4; thence South 58 degrees 38 minutes 44 seconds West along the Southeasterly line of said Lot 4, a distance of 167,20; thence North 16 degrees 56 minutes 37 seconds West, a distance of32.43 feet to the point of beginning; thence North 21 degrees 28 minutes 42 seconds East, a distance of75.14 feet; thence North 49 degrees 13 minutes 31 seconds West, a distance of 102.64 feet to the East line of the West 5 feet of said Lot 4; thence South 15 degrees 27 minutes 42 seconds West along said East line of the West 5 feet, a distance of25.54 feet; thence South 87 degrees 34 minutes 49 seconds East, a distance of28,65 feet; thence South 53 degrees 54 minutes 40 seconds East, a distance of 20.34 feet; thence South 32 degrees 25 minutes 57 seconds East, a distance of 51,69 feet; thence South 15 degrees 50 minutes 48 seconds West, a distance of 57.72 feet to the point of beginning. o o Easement Exhibit for: L & K EMMERICH LLC Lot 4, Block 3 WHITE PINE WILDERNESS 8499.20-15 Scale: 1""'-W' Date: 9/18/07 ~DENOTES PROPOSED ::::-:::::::::::-:: DRAINAGE AND unUTY -........ EASEMENT ADDITIONAL EASEMENT AREA = 1,294 sq, ft. - :-:::..~:.~ ..,..................'........., ........ . .:::::\ ...... :\. .':-:-:-:-:-":.'t .....:....:......~. ~ ,,' ;;; N + -=:::::--..:::=:.-.....- "",--- " " " " " t'~ H if "fi '" 4 ~ 0" <'Q.'h ..~" qt ~...~ ~ \ .. . ""'X ~ \ ~:0 '\ G- q.,- \ 'J'" ~"'o . /':::::.\ ~"" a \ 'll. ....../ ...... ... ~ \ .,. ...... \.,..,. ~ '<<. ..,... ." 0"" \ ':::::~ '\.<4-~ \ \l-O~~\.\~ 1':::.1 r \ ~""~- \ ,0'" ( .' .. ../ v 0': /::-:-:-:-: \ ~ ";:~:1 \ ~.~~., ~:!!-:-:: ;''' ....-r ii; ::::.~ ( ::-:-:-:-i x:::.(' _'II ..... ,.,. .,~. . . . .4' \;.1::.\ <#>'0 -'II \~.::" ,.,. .. "" . re-1> \~ :':.10 4' _ /;;;:<>{>:7:7::t::T::::::::::?}\:>~:~ \:.''':':--- _ ----1 t~1 I I I ~\.... I ~<i-"\o"''' I "'~f.r;i VV~ \ ."'" ~ "- "v ;g ,- :} ADDmONAL DRAINAGE AND UTILITY EASEMENT FOR LOT 4 An easement for drainage and utility purposes over, under and across that part of Lot 4. Block 3, WlllTE PINE WllDERNESS, aooonling 10 the recorded plat thereof, Anoka Coonty, Minnesota described as follows: A:ommeocing at the most easterly comer ofsaid Lot 4; thence South S8 degrees 38 minutes ~ seconds West along the soulheaslerly line of said Lot 4, a distance of 167.20; thence North 16 degrees S6minutes 37 seconds West, a distance of32.43 feet to Ihepointof beginning; theoce North 21 degrees 28 minutes 42 seconds East, a distance of75.141<et; thence North 49 degrees 13 minutes 31 sc:conds West, a distance ofl02.64 feet to the east line of the West 5 feet of said Lot 4; thence South 15 degrees 27 minutes 42 seconds West along said east. line oflhe West 5 feet,. a distance oflS.54 feet; thence South 87 degrees 34 minutes 49 seconds East. a distance of28.65 feet; thence Soulb 53 degrees 54 minutes 40 secoods East, . distauce of20.34 fee~ thence South 32 degrees 25 minutes 57 seconds East, a distauce of51.69 fee~ !hence South 15 degrees 50 minutes 48 secoods West, a distauce of57.72 feet 10 the point of beginning. John Oliver & Associates. Inc. ""'" InV ..... LmW ~. LmW "'- 680 Dodg. A,,_ BUr: Riwr. .IliNle8oCll 763-Uf-2fJ72 (FAI)763-44f-6666 OffWa in: El1r: Riwr and .8urnIMlle .IliNle8oCll Form No. 31.M-QUIT CLAIM DEED Minnesota Uniform ConveyancIng Blanks (1978) 1------------------------------------------------------- -- --------------------- Corporation or Partnership I to Corporation or Partnership I i I C5W""C pUIl..'.....,NG CC.. NEw U...... ""NN. No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19_ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: ,C~( o..e.A. ,.) fp 7 0 i) '7 tt)- I (reserved for recording data) FOR VALUABLE CONSIDERATION, Minl'l8seta l & K Emmerich, LLC ,a limited I ;~hi]jty , Grantor, hereby conveys and quitclaims to ('; ty ('mnpanynder the laws of Q.f' 6nrlnul?T" a MI'tnicifJ'al CgI'fJ9I'stign under the laws of Mirnr::ocn+::a Pnoka County, Minnesota, described as follows: , Grantee, , real property in See Attached Exhibit "A" , i I Q I , I , i I (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto.. IRK FmmAT'i r.h, I I r. ...-\ffix !.IPt->d Tax Sb.\inp Hen' :~~';~" t ~'~- '-~ ~ STATE OF MINNESOTA COUNTY OF Annk~ } ~. .:/ {;7Y- 100(\( MCl!ll day of tJ~~ "2007 ,*- , The foregoing was acknowledged before me this by 1 ?"fT"limC'e a: i=mm'?rj C'h the Ch;or ~::an::a~oT" of I ~ K i=mmo~;~h Ilr under the laws of M;~n~~OT::a r.nmp::any NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) JANET R. THOMAS NoIaIy PublIc-Mlnll88Ota My~""",,"Jon31.201. ACKNOWLEDGMENT Tax Statements for the real property described in this instrument should be sent to (Include Dame and address of Grantee): i THIS INSTRUMENT WAS DRAFTED BY (NAMEANDADDRESS):! City of Andover 1685 Crosstown Blvd Andover, MN 55304 Q Registered Abstracters, Inc, 2115 North Third Avenue Anoka, MN 55303 i i L_._____ I i I I i I , _J __ ___________________________J o o o EXHIBIT "A" An easement for drainage and'utility purposes over, under and across that part of Lot 7, Block 3, WHITE PINE WILDERNESS, according to the recorded plat thereof, Anoka County, Minnesota described as follows: Commencing at the Northwest comer of said Lot 7; thence South 00 degrees 24 minutes 59 seconds West along the West line of said Lot 7, a distance of323,72 feet; thence South 36 degrees 15 minutes 04 seconds East, a distance of 16.75 feet to the East line of the West 10 feet of said Lot 7, said point being the point of beginning; thence continuing South 36 degrees 15 minutes 04 seconds East, a distance of 108,85 feet to the West line of the East 5 feet of said Lot 7; thence South 00 degrees 24 minutes 59 seconds West parallel with the East line of said Lot 7, a distance of 1.79 feet; thence North 45 degrees 12 minutes 31 seconds West, a distance of 48.54 feet; thence North 70 degrees 28 minutes 04 seconds West, a distance of32,07 feet to the East line of the West 10 feet of said Lot 7; thence North 00 degrees 24 minutes 59 seconds East parallel with the West line of said Lot 7, a distance of 44.65 feet to the point of beginning. AND An easement for drainage and utility purposes over, under and across that part of Lot 6, Block 3, WHITE PINE WILDERNESS, according to the recorded plat thereof, Anoka County, Minnesota described as follows: Commencing at the Northwest corner of said Lot 6; thence South 00 degrees 24 minutes 59 seconds West along the West line of said Lot 6, a distance of 429,89 feet; thence North 79 degrees 59 minutes 08 seconds East, a distance of 5.08 feet to the.East line of the West 5 feet of said Lot 6, said point being the point of beginning; thence continuing North 79 degrees 59 minutes 08 seconds East, a distance of71.18 feet to the West line of the East 5 feet of said Lot 6; thence South 00 degrees 24 minutes 59 seconds West parallel with the East line of said Lot 6, a distance of 14,98 feet; thence South 87 degrees 28 minutes 24 seconds West, a distance of 32.50 feet; thence North 85 degrees 51 minutes 28 seconds West, a distance of 37.62 feet to the East line of the West 5 feet of said Lot 6; thence North 00 degrees 24 minutes 59 seconds East parallel with the West line of said Lot 6, a distance of 1,29 feet to the point of beginning. Easement Exhibit for: L & K EMMERICH LLC " '" '" N '" " Lot 7, Block 3 WHITE PINE WILDERNESS NORTHWEST CORNER/, ( OF LOT 7 I I I 1 West line lof Lot 7 849ll.20-15 Scale: 1"=40' Date: 9/18/07 3 _DENOTES PROPOSED <:::::::':::::::::- DRAINAGE AND UTIUTY . . .. . .. . EASEMENT '\ ADDITIONAL EASEMENT AREA = 1,177 sq. fL \ N + \ \ \ \ , , I __ 1-_--- S! I I I I /5 I / I I , J 1 \ I .: :.:.:.\ f .*.:~.\ \ ~.,........ }>~::~.-. ,~,':::7.:.+(r7::::::::::-:-::"':':::::::> ~~ '.>>:<<<.>>~<<.~<<:::::" . .... -'. ......... II r:- . ., 8 ..... --- r-===-- f~~~~:---~ : -==----- ! ~ ,":'" , !t! N Easement \ I I 'b lil .il I -- ,1-........ /' :1, " I I / --i-l-l I / /~......- I I.....~" \ " U I I ~ I I II \\ \ ~-=--_...,t/_--_...J L__\\___, I \~\ 162ND A V.E N. w: ~~- ~..... '::::::::: " ... .0 ;;; 'f&.~-, <t..d' ~~ !;" '" '" ;,. N 'b o z 7 r- :} 10 ...... / "v L=40.52 R=I 70.00 " l>=I 3"39' \ 8 ADDITIONAL DRAINAGE AND UTILITY EASEMENT FOR LOT 7 'v "<. "17038'40 " 40,8\ An easement for drainage and utility purposes over, under and across that part oCLot 7. Block 3, WJDTE PINE WllDERNESS, according 10 the reconIcd plat th....~ Anoka Couoty, esola described as foUows: Commencing at the northwest comer of said Lot 7; thence South 00 degrees 24 minutes 59 seconds West along the west line ofsaid Lot 7, adislance of323.72 feet; thence South 36 degrees LS minutes 04 seconds East, a distance of 16.75 feet to the east line of the West 10 feet of said Lot 7. said point being the point of beginning; thence continuing South 36 degrees 15 minutes 04 seconds East, a distance of 108.85 feet 10 the west tine oftbe East 5 feet of said Lot 7; thence South 00 degrees 24 minutes 59 seconds West parallel with the east line of said Lot 7, a distance of 1.79 feet; thence North 45 degi'ees 12 minutes 31 seconds West. a distance of 48.54 feet; thence North 70 degrees 28 minutes 04 seconds West, a distance of32.07 feet 10 the east line of the West 10 feet ofsaid Lot 7; thence North 00 degrees 24 minutes 59 seconds East parallel with the west line of said Lot 7. a distance of 44.65 feet to the point of beginning. John Oliver & Associates. Inc. ""'" _ I..ul~. I..ul """"""" 580 1Jodf1. A_ EUe River. Jr.........tu 763-44t-2072 (FAI)763-44t-5665 O.l:fic- in: EUe _ cmd BurneviUe Minfte80tu Easement Exhibit for: L & K EMMERICH LLC NORTHWEST CORNER ,. --- /{ OF LOT 6 /{ I I I I Lot 6, Block 3 WHITE PINE WILDERNESS --. .~:., ~ - .::-:.:-:-:-:.:-:.:-:-:-:~. ~ . . . . . . .. . .::::::, . ':':'::::::::::,~. . ':::::."\ 8499.20-15 Scale: 1.=40' Date: 9/18/07 ~""-_-"""'" .- DENOTES PROPOSED -:::-:::::::.:-:::: DRAINAGE AND UTlUTY ~ EASEMENT AODll1ONAl EASEMENT AREA - 639 sq. ft. 3 1', I , I , I , I ' ~...... \ ~ I ............ ' !!! "', <D I ", I I ' , " I I ',\ : ... "1' 1. I ~O..c:. I ;!;"! I I ~- I I I I I I I I I I I I I I I I 5, : I I I , I \1 _-1I N + West line -::::: of Lot 6 ~:: .. . ~'. .....-- = ....4.. OJ ....~ 10 ...... ;,. ~ o o V> East line of Lot 6------ I I", I~ Ig I 130 1m I~ 18 IV> I I 1 1 I 1 1 .- :) 6 n , , ~ '" '" ;,. N . o o V> _ Temporary /' Easement / / q~~i9P,08. N'~tt03.W '~'::::..__ \162ND AVE .N:W:':::-~ ~- -.. ~ ':-. -...... ':-. L_--- ADDffiONAL DRAINAGE AND UTILITY EASEMENT FOR WT 6 An easement for dJaiDage and utility pwposes over, under and across that part afLot 6. Block 3, WIDTE PINE WIWERNESS, acoonting to lb. recorded plat thereo~ Anoka County, Minnesota 'bed as fOllows: mmencing at the northwest corner of said Lot 6; thence South 00 degrees 24 minutes S9 secoods West along the west line ofsaid Lot 6, a distance of 429.89 feet; thence North 79 degrees S9 minutes 08 seconds East, a distance of 5.08 feelto the east line oftbe WestS feet of said Lot 6. said point being the point of beginning; thence continuing North 79 degrees 59 minutes 08 seconds East. a distance of71.18 feet to tbewest line oflbe East 5 feetofsaid Lot 6; thence South 00 degrees 24 minutes 59 seconds West parallel with the east line of said Lot 6, a distance of 14.98 feet; thence South 87 degrees 28 minutes 24 seconds West, a disbmce of32.s0 feet; thence North 85 degrees 51 minutes 28 seconds West, a distance of 37.62 fcetlo the east line oftbe West 5 feet of said Lot 6; thence North 00 degrees 24 minutes S9 seconds East panillel with Ihe west line of said Lot 6, a distance of 1.29 feet to the point of beginning. John 06ver & Associates, Inc. cwa ~ ~... ~ 8'urwufow. ~ PIImnfotjr 580 Dodge A"........ Ell: Riwr. Jf..........tu 768-U'-2072 (FAX)768-44'-5665 0fj'iceB in: EUt: River ....., BurneviUe Jf..........tu o o o .~ CITY Olo' NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director ofPu Works/City Engineer:DPB FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Approve Amendment to Development ContractJ06-14/White Pine Wilderness - Engineering DATE: November 6, 2007 INTRODUCTION This item is in regard to approving an amendment to the development contract for White Pine Wilderness, Project 06-14. DISCUSSION As you may recall, Lot 7, Block 3 was allowed to be platted by the City Council but was not allowed to have a house constructed on it UIitil an amendment to the development contract was made. Attached is the proposed first amendment to the development contract as to the improvements and responsibilities of the developer (see article 2 of the contract) in regard to Lot 7, Block 3. If the contract is approved by the City Council, the developer will need to sign the contract and submit the required cash deposit and sign the hold harmless and easement encroachment agreement for both Lots 6 & 7, Block 3 prior to any building permits being issued by the City. ACTION REQUIRED The City Council is requested to approve an amendment to the development contract for White Pine Wilderness, Project 06-14. Respectfully submitted, \. T~~ / ./ /' Attachments: First Amendment to Development Contract, Cost Estimate & Location Map cc: Larry Emmerich, 1341 - 161st Ave, NW, Andover o o FIRST AMENDMENT TO DEVELOPMENT CONTRACT (Developer Installed Urban Developments) . THIS FIRST AMENDMENT TO DEVELOPMENT CONTRACT made this 6th day of November , 2007, is by and between the City of Andover, whose address is 1685 Crosstown Boulevard NW, Andover, Minnesota 55304, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City", and L & . K Emmerich Inc., LLC , a Minnesota Corporation, whose address is 1341 - 1615t Avenue NW. Andover, Minnesota, 55304 hereinafter referred to as the "Developer", WHEREAS, the City and Developer entered into a development contract dated October 3. 2006 and that this is a first amendment to said agreement. WHEREAS, the Developer has received final plat approval from the City Council for a proposed plat of land within the corporate limits of the City to be known. as White Pine Wilderness ; and WHEREAS, the Developer desires final plat approval prior to completion of certain improvements as required under the Subdivision City Code of the City of Andover; and WHEREAS, said Subdivision City Code and Minnesota Statutes 462,358 authorizes the City to enter into a Development Contract secured by a cash payment in regards to the completion of all such improvements following final approval by the City Council. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO that the Developer will be responsible to install the necessary improvements described below within the plat of White Pine Wilderness according to the approved street and utility plans and specifications -1- o and any revisions thereof as approved by the City of Andover. In addition, the Developer also understands that at some point in the future there will be additional costs incurred to remove and relocating certain improvements relating to the sanitary sewer, water service, the driveway that will serve Lot 7, Block 3 and resodding due to the relocation of the driveway that will serve Lot 7, Block 3. ARTICLE ONE DESIGNATION OF IMPROVEMENTS Improvements to be installed at the Developer's expense by the Developer as herefnafter provided are hereinafter referred to as "Developer's Improvements", o ARTICLE TWO DEVELOPER'S IMPROVEMENTS (PART A) The Developer fully understands that the following improvements that are to be made will be at the Developer's expense. 0, The Developer shall be responsible to construct the necessary sanitary sewer and water main service that will be needed provided to Lot 7, Block 3, which will then allow the lot to become buildable, p, The Developer will be required to pay to the City immediately as part of the execution of this amendment the required amount as determined by the City Engineer for the following items that will be constructed by the city or its duly representative: 1, Cash for the cost of removing and relocating the sanitary sewer and water main services for Lot 7, Block 3 once the temporary cul-de-sac on 162nd Avenue NW west of Crane Street NW is removed and the street is extended to the west to serve the adjacent property for future development. 2, Cash for the cost for constructing and removing the temporary driveway that will serve Lot 7, Block 3 once the temporary cul-de-sac on 162nd Avenue NW west of Crane Street NW is removed and the street is extended to the west to serve the adjacent property for future development. 3. Cash for the cost for replacing any sod, which may be damaged or removed due to the removal of the temporary driveway and/or the sanitary sewer/water main service for Lot 7, Block 3, 4, Cash for the estimated legal, engineering, and administrative and indirect costs, o -2- o The amount of cash for Parts A (Section P) is as follows: Description of Improvements Part A (Section P) 1, Sanitary sewer/water main service removal & relocation 2, Driveway removal & relocation 3. Sod removal & replacement 4, Estimated legal, engineering & administrative, indirect costs (15%) Cost $2198.20 $3916,74 $3869,75 $1497,70 Total $11,482.39 The Developer understands that other portions of the original development contract executed by both the City and the Developer still stand as written. .In addition, the Developer understands that separate encroachment agreements for Lots 6 & 7, Block 3 will require execution by the City and the Developer to be recorded against each of the properties involved, o L & K Emmerich Inc" LLC DEVELOPER CITY OF ANDOVER By By Mayor By ATTEST: By City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this day of , 2007, before me, a Notary Public within and for said County, personally appeared Michael R. Gamache and Victoria Volk, to me known to be respectively the Mayor and City Clerk of the City of Andover, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said City. o Notary Public -3- o STATE OF MINNESOTA ) )SS. COUNTY OF ANOKA ) On this day of , 2007, before me, a Notary Public within and for said County, personally appeared Larry F. Emmerich, to me known to be the President of L & K Emmerich Inc,. LLC ,a Minnesota Corporation , and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said corporation, . Notary Public This instrument was drafted by: o William G, Hawkins and Associates 2140 Fourth Avenue North Anoka, MN 55303 o -4- o o o White Pine Wildemess L7, B3 Item Units Estimated Qty Unit price Total Remove bit. driveway SY 180 $2.88 $518.40 Remove exist. services (sewer & water) LF 100 $8.63 $863.00 Install new sewer service (includes wye) LF 30 $23.00 $690.00 Install new water service (includes corp.) LF 20 $32,26 $645.20 Granular borrow CY 150 $9.20 $1,380.00 Class 5 (for driveway) T 35 $16.56 $579.60 Bit. driveway pavement T 18 $79.93 $1,438.74 Topsoil borrow CY 35 $21.85 $764.75 Remove & replace irriaation LS 1 $1,725.00 $1,725.00 Sodding SY 300 $4.60 $1,380.00 TOTAL $9,984.69 ~..:._, ~ -:-:.tCr'ri ,.<,.; ,- -) .... ( "'" ~",_.,/...". ~ f 't ~,..._ 1 t. \ ,i \;}i :t:t 0-(\ ,- I. ..! -, \0".' ~-, ;';.'i ./ o Ht! !f!i iW ~ 0 " N ~ '" + 0'" i ! :2 , '1t.i5 . 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Pubic Works Director DATE: Approve Hold Harmless & Easement Encroachment Agreement/06-14/Lt. 6, Blk. 3/White Pine Wilderness - Engineering November 6, 2007 o INTRODUCTION The City Council is requested to approve the hold harmless and easement encroachment agreement for Lot 6, Block 3, White Pine Wilderness, Project 06-14, DISCUSSION As you may recall, Larry Emmerich of L & K Emmerich Inc., LLC discussed with the City Council last October 2006 about allowing Lot 7, Block 3 (of White Pine Wilderness) to be buildable and to serve the lot with municipal sanitary sewer and water.. Due to the location ofthe existing temporary services that cross the southwest corner of Lot 6, Block 3 it is staffs recommendation that a hold harmless agreement and easement encroachment agreement be executed by the developer and recorded against the property. This will ensure that the current and/or future owners of the lot are aware that there will be removal and relocation of the sanitary sewer and water services to Lot 7, Block 3 at some point in the future, ACTION REOUlRED The City Council is requested to approve the hold harmless and easement encroachment agreement for Lot 6, Block 3, White Pine Wildemess, Project 06-14, Respectfully submitted, / o Attachments: Hold Harmless & Easement Encroachment Agreement cc: Larry Emmerich, 1341 - 161 st Ave. NW, Andover T~t~ o HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT o THIS AGREEMENT, made this 6th day of November, 2007, by and between L & K Emmerich Inc" LLC, a Minnesota Corporation and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, L & K Emmerich Inc" LLC is the fee owner of Lot 6, Block 3, White Pine Wilderness, Anoka County, Minnesota, also known as 1475 _162nd Avenue NW, Andover, MN; and WHEREAS, L & K Emmerich Inc., LLC has installed sanitary sewer and water service across a portion of said property within the temporary access easement to provide service to Lot 7, Block 3 of White Pine Wilderness; and WHEREAS, a temporary access easement has been dedicated to the City of Andover a separate Quit Claim Deed for Lot 6, Block 3, White Pine Wilderness, WHEREAS, L & K Emmerich Inc" LLC or their successors is willing to acknowledge and agree to allow a temporary sanitary sewer and water service improvement to remain across said Lot 6, Block 3, White Pine Wilderness assuming certain conditions are met; and WHEREAS, L & K Emmerich Inc" LLC or their successors in interest of said Lot 6, Block 3 of White Pine Wilderness understands that the developer of White Pine Wilderness and/or the City will be responsible for certain improvements that will be required to be done within the temporary access easement if and when the temporary cul-de-sac on 162nd Avenue NW west of Crane Street NW is removed and the street is extended to the west to serve the adjacent property for future development; NOW, THEREFORE, BE IT RESOLVED that L & K Emmerich Inc" LLC or their successors in interest understand the developer's of White Pine Wilderness and/or the City's right to remove and relocate temporary sanitary sewer and water main services for the adjacent property to the west for Lot 7, Block 3 of White Pine Wilderness within the temporary access easement once the temporary cul-de-sac on 162nd Avenue NW west of Crane Street NW is removed and the street is extended to o the west to serve the adjacent property for future development. L & K Emmerich Inc" LLC or their successors understand that the developer of White Pine Wilderness and/or the City will be responsible for replacing any sod (if the existing H:IEngineeringlPlatslOpen PlatslWhite Pine WildemesslMemoslHOLD HARMLESS AGREEMENT It 6 blk 3.doc lot has been sodded) or seeded which may have been damaged or removed due to o the removal of the temporary driveway and/or sanitary sewer/water main service for Lot 7, Block 3, White Pine Wilderness, In addition, L & K Emmerich Inc., LLC or their successors hereby agree to hold the City harmless and indemnify the City from any and all liabilities and defend against lawsuits, expenses, damages, acts or failures to act, attorney fees and court costs, which directly result from any damage L & K Emmerich Inc" LLC, or their successors in interest that may occur in the temporary access easement. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of , 2007, CITY OF ANDOVER, a Municipal Corporation o By: Its: City Clerk By: Its: Mayor Larry F. Emmerich, L & K Emmerich Inc" LLC STATE OF MINNESOTA ) ) ss, COUNTY OF ) On this day of ,2007, before me, a notary public within and for said county, personally appeared and to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City, Notary Public o H:IEngineeringIPlatslOpen PlatslWhite Pine WildemesslMemoslHOLD HARMLESS AGREEMENT It 6 blk 3.doc o STATE OF MINNESOTA ) ) ss, COUNTY OF ) On this day of ,2007, before me, a notary public within and for said county, personally appeared Larry F, Emmerich, of L & K Emmerich Inc" LLC, Notary Public DRAFTED BY: City of Andover 1685 Crosstown Blvd, NW Andover, MN 55304 o o H:\Engineering\Plals\Open Plats\While Pine Wildemess\Memos\HOLD HARMLESS AGREEMENT 116 blk 3.doc o UH ~ 8. 3']" :j ~ ~ & HI! 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NO. 20 ~ ~ '"'i ~ ~ ill ~ ~ ~ r-:: ~ ~ rn C/) (/)00 mO::j 92-< ~-lO f'o-<." ~o> ","'Z 1'>>8 JJZ< . Om .. ;>;JJ ~>. --~ o ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: CC: Mayor and Council Members ~~ Jim Dickinson, City Administrator' .. David D, Berkowitz, Director of Pub ' Works/City Engineer "'1::>l>~ DATE: Todd J, Haas, Asst. Pubic Works Director Approve Hold Harmless & Easement Encroachment AgreementlO6-14/Lt. 7, Blk. 3/White Pine Wilderness - Engineering November 6, 2007 FROM: SUBJECT: o INTRODUCTION The City Council is requested to approve the hold harmless and easement encroachment agreement for Lot 7, Block 3, White Pine Wilderness, Project 06-14. DISCUSSION As you may recall, Larry Emmerich of L & K Emmerich Inc" LLC discussed with the City Council last October 2006 about allowing Lot 7, Block 3 (White Pine Wilderness) to be buildable so that a building permit can be issued since a temporary municipal sanitary sewer and water service has been provided with other main sewer and water laterals, Due to the location of the temporary services and the relocation of these services that will be necessary once the property to the west develops, it is recommended that a hold harmless agreement and easement encroachment agreement be executed by the developer and recorded against the property. This will ensure that the future owners of the lot are aware that there will be removal and relocation of the sanitary sewer service to Lot 7, Block 3 at sometime in the future. ACTION REOUIRED . The City Council is requested to approve the hold harmless and easement encroachment agreement for Lot 7, Block 3, White Pine Wilderness, Project 06-14, Respectfully submitted, o ~/~ Todd J. Haas / , / Attachments: Hold Harmless & Easement Encroachment Agreement & Locatlon Map cc: Larry Emmerich, 1341 -161stAve. NW, Andover o HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT o THIS AGREEMENT, made this 6th day of November, 2007, by and between L & K Emmerich Inc., LLC, a Minnesota Corporation and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, L & K Emmerich Inc., LLC is the fee owner of Lot 7, Block 3, White Pine Wilderness, Anoka County, Minnesota, also known as 1487 _162nd Avenue NW, Andover, MN; and WHEREAS, L & K Emmerich Inc" LLC has installed sanitary sewer and water service across a portion of said property within the temporary access easement to . provide service to Lot 7, Block 3 of White Pine Wilderness; and WHEREAS, a temporary access easement has been dedicated to the City of Andover a separate Quit Claim Deed for Lot 7, Block 3, White Pine Wilderness, WHEREAS, L & K Emmerich Inc" LLC or their successors is willing to acknowledge and agree to allow a temporary sanitary sewer and water service improvement to remain across said Lot 7, Block 3, White Pine Wilderness assuming certain conditions are met; and WHEREAS, L & K Emmerich Inc., LLC or their successors in interest of said Lot 7, Block 3 of White Pine Wilderness understands that the developer of White Pine Wilderness and/or the City will be responsible for certain improvements that will be required to be done within the temporary access easement and the existing drainage and utility easement for Lot 7, Block 3 if and when the temporary cul-de- sac on 162nd Avenue NW west of Crane Street NW is removed and the street is extended to the west to serve the adjacent property for future development; NOW, THEREFORE, BE IT RESOLVED that L & K Emmerich lnc" LLC or their successors in interest understand the developer's of White Pine Wilderness and/or the City's right to remove and relocate temporary sanitary sewer service, temporary water main service and the existing driveway (if one exists) for Lot 7, Block 3 (White Pine Wilderness) that exists within the temporary access easement and the existing drainage and utility easement for Lot 7, Block 3 once the temporary cul-de-sac on 162nd Avenue NW west of Crane Street NW is removed and the street is extended to serve the adjacent property for future development. L & K Emmerich Inc" LLC or their successors understand that the developer of White Pine H:\Engineering\Plats\Open Plats\White Pine Wildemess\Memos\HOLD HARMLESS AGREEMENT It 7 blk 3.doc o Wilderness and/or the City will be responsible for replacing any sod (if the existing o lot has been sodded) or seeded which may have been damaged or removed due to the removal of the temporary driveway and/or sanitary sewer/water main service Tor Lot 7, Block 3, White Pine Wilderness, In addition, L & K Emmerich Inc., LLC or their successors hereby agree to hold the City harmless and indemnify the City from any and all liabilities and defend against lawsuits, expenses, damages, acts or failures to act, attorney fees and court costs, which directly result from any damage L & K Emmerich Inc" LLC, or their successors in interest that may occur in the temporary access easement. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of , 2007, CITY OF ANDOVER, a Municipal Corporation o By: Its: City Clerk By: Its: Mayor Larry F, Emmerich, L & K Emmerich Inc,. LLC STATE OF MINNESOTA ) ) ss, COUNTY OF ) On this day of ,2007, before me, a notary public within and for said county, personally appeared and to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City, Notary Public o H:\Engineering\Plats\Open Plats\White Pine Wildemess\Memos\HOLD HARMLESS AGREEMENT It 7 blk 3.doc o STATE OF MINNESOTA ) ) ss, COUNTY OF ) On this day of ,2007, before me, a notary public within and for said county, personally appeared Larry F, Emmerich, of L & K Emmerich Inc" LLC, Notary Public DRAFTED BY: City of Andover 1685 Crosstown Blvd, NW Andover, MN 55304 c o H:\Engineering\Plats\Open Plats\White Pine Wildemess\Memos\HOLD HARMLESS AGREEMENT It 7 blk 3.doc o 1il! il~ [ ~j~i ilH 00 " ii e ~ ~ o o . N ~ ~ i 0 . g . g 0 ~ 0 "TJ )> Z 0 0 < m I I :D i @ . '-- 00 0 00 ;:; n .q 0 . " H -> 0 J ~. !~ , ;:. i ! ~~ ,;; 1 ~~ ~ "< , . ! 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Berkowitz, Director of Public orks/City Enginee~ FROM: Todd J, Haas, Asst. Pubic Works Director SUBJECT: Approve Hold Harmless & Easement Encroachment AgreementJ06-38/Lt. 1, Blk. 3/Hickory Meadows - Engineering DATE: November 6, 2007 INTRODUCTION The City Council is requested to approve the attached hold harmless and easement encroachment agreement for Lot 1, Block 3, Hickory Meadows, Project 06-38, DISCUSSION As part of the Hickory Meadows plat approval, a temporary retaining wall and chain link fence was necessary to be constructed along the east side of the property to avoid having steep slopes adjacent to the Mohlencamp property. Once the Mohlemcamp property has received approval at some point in the future to grade the property from the City, the retaining wall and the chain link fence will be removed and the area in Lot 1, Block 3 will be graded to blend with the Mohlencamp property. The attached drawing identifies the proposed location of the retaining wall and fence on this lot. ACTION REOUlRED The City Council is requested to approve the hold harmless and easement encroachment agreement for Lot 1, Block 3, Hickory Meadows, Project 06-38, Respectfully submitted, ~~ Todd J. Haas ./ Attachments: Hold Harmless & Easement Encroachment Agreement cc: Bruce Carlson, Kodiak Development, Inc" 2187 -142nd Lane NW, Andover o HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT o THIS AGREEMENT, made this 6th day of November 2007, by and between. Kodiak Development, Inc, owners of said property noted below (hereinafter identified as the "property owner") and the City of Andover, a Minnesota Municipal Corporation (hereinafter identified as the "City"), WHEREAS, the property owner is the fee owner of Lot 1, Block 3, Hickory Meadows, Andover, MN; and WHEREAS, drainage and utility easements exist throughout the property; and WHEREAS, the property owner understands that a retaining wall and chain link fence will encroach into said drainage and utility easement; WHEREAS, the City is willing to acknowledge and agree to an to encroachment of the retaining wall and chain link fence within the drainage and utility easement for said improvement assuming certain conditions are met; and WHEREAS, it is understood by the property owner that the retaining wall and chain link fence will be removed and the area will be regraded by the City and/or it's contractors once the adjacent property to the east (PIN 25-32-24-42-0041) has received approval from the City to grade the property for future development; and WHEREAS, the property owner and/or the successors will also be responsible (within the easement) to provide for maintenance, repair, removal and/or replacement of the retaining wall and chain link fence if necessary within said easement. NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easement, the property owner hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of the property owner or their successors in interest constructing and maintaining said improvement upon the utility easement of the City. Furthermore, the City will not be held responsible for any damage to said improvement constructed on the City's easements if they are damaged or destroyed as a result of the City exercising its rights to access, excavate, repair, remove, replace or construct or maintain any public improvements within said easements, City may require evidence of insurance from the property owner to cover the indemnification required herein, o H:\Engineering\Plals\Open Plals\Hickory Meadows\L 1 ,B3easemenlEncroachAgree.doc o IN WITNESS WHEREOF, the parties have hereunto set their hands this day of 2007, CITY OF ANDOVER, a Municipal Corporation Bruce Carlson, President Kodiak Development, Inc, By: Its: City Clerk By: Its: Mayor STATE OF MINNESOTA ) ) ss, COUNTY OF ANOKA ) o On this day of , 2007, before me, a notary public within and for said county, personally appeared for Victoria Volk and Michael R, Gamache to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City, Notary Public STATE OF MINNESOTA ) ) ss, COUNTY OF ANOKA ) On this day of , 2007, before me, a Notary Public within and for said County, personally appeared as Bruce Carlson , to me known to be the President of Kodiak Development. 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Pubic Works Director SUBJECT: Approve Hold Harmless & Easement Encroachment AgreementJ06-38/Lt. 6, BIk. 3/Hickory Meadows - Engineering DATE: November 6,2007 o INTRODUCTION The City Council is requested to approve the attached hold harmless and easement encroachment agreement for Lot 6, Block 3, Hickory Meadows, Project 06-38. DISCUSSION As part of the Hickory Meadows plat approval, a temporary retaining wall and chain link fence was necessary to be constructed along the east side of the property to avoid having steep slopes adjacent to the Mohlencamp property, Once the Mohlemcamp property has received approval at some point in the future to grade the property from the City, the retaining wall and the chain link fence will be removed and the area in Lot 6, Block 3 will be graded to blend with the Mohlencamp property. The attached drawing identifies the proposed location of the retaining wall and fence on this lot. ACTION REOUlRED The City Council is requested to approve the hold harmless and easement encroachment agreement for Lot 6, Block 3, Hickory Meadows, Project 06-38. Respectfully submitted, ~/~ Todd J. Haas t/ Attachments: Hold Harmless & Easement Encroachment Agreement o cc: Bruce Carlson, Kodiak Development, Inc., 2187 - 142nd Lane NW, Andover o HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT o THIS AGREEMENT, made this 6th day of November 2007, by and between Kodiak Development, Inc. owners of said property noted below (hereinafter identified as the "property owner") and the City of Andover, a Minnesota Municipal Corporation (hereinafter identified as the "City"), WHEREAS, the property owner is the fee owner of Lot 6, Block 3, Hickory Meadows, Andover, MN; and WHEREAS, drainage and utility easements exist throughout the property; and WHEREAS, the property owner understands that a retaining wall and chain link fence will encroach into said drainage and utility easement; WHEREAS, the City is willing to acknowledge and agree to an to encroachment of the retaining wall and chain link fence within the drainage and utility easement for said improvement assuming certain conditions are met; and WHEREAS, it is understood by the property owner that the retaining wall and chain link fence will be removed and the area will be regraded by the City and/or it's contractors once the adjacent property to the east (PIN 25-32-24-42-0041) has received approval from the City to grade the property for future development; and WHEREAS, the property owner and/or the successors will also be responsible (within the easement) to provide for maintenance, repair, removal and/or replacement of the retaining wall and chain link fence if necessary within said easement. NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easement, the property owner hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of the property owner or their successors in interest constructing and maintaining said improvement upon the utility easement of the City, Furthermore, the City will not be held responsible for any damage to said improvement constructed on the City's easements if they are damaged or destroyed as a result of the City exercising its rights to access, excavate, repair, remove, replace or construct or maintain any public improvements within said easements, City may require evidence of insurance from the property owner to cover the indemnification required herein, o H:IEngineeringlPlatslOpen PlatslHickory MeadowsIL6,B3easementEncroachAgree.doc o IN WITNESS WHEREOF, the parties have hereunto set their hands this day of 2007, CITY OF ANDOVER, a Municipal Corporation Bruce Carlson, President Kodiak Development, Inc, By: Its: City Clerk By: Its: Mayor STATE OF MINNESOTA ) ) ss, COUNTY OF ANOKA ) o On this day of , 2007, before me, a notary public within and for said county, personally appeared for Victoria Volk and Michael R. Gamache to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss, COUNTY OF ANOKA ) On this day of , 2007, before me, a Notary Public within and for said County, personally appeared as Bruce Carlson. to me known to be the President of Kodiak Development. Inc. , a Minnesota Corporation, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said corporation, Notary Public o This instrument was drafted by: City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 H :\EngineeringIPlats\Open Plats\Hickory Meadows\L6, B3easementEncroachAgree.doc ....... ....... " "" , .._ ...;0: fI"l ~ ~ '-.0 c:z- fI"l :9ft..fI"l X- !!l ~ CO) :~"'::::"cn- ;%: fI"l ._'-~ -Q. L I '..\< . 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Berkowitz, Director ofPubh orks/City EngineerDD~ FROM: Kameron Kytonen, Natural Resources Technician SUBJECT: Approve Hold Harmless Agreement & Easement Encroachment Agreement/Block 3 Common Area/OS-32/W oodland Crossings - Engineering DATE: November 6,2007 o INTRODUCTION The City Council is requested to approve the hold harmless and easement encroachment agreement with Woodland Development Corporation, property owners of the Block 3 Common Area in Woodland Crossings. DISCUSSION The property owners (Woodland Development Corporation) would like to improve the appeal of the Woodland Crossings Development by installing some improvements (a split rail fence, retaining wall and plantings) in drainage and utility easement and city right-of-way east of Jay Street between 158th Avenue and 157th Lane in Block 3. Staff has reviewed the proposal closely, and has determined that the improvements are acceptable and should not interfere with city utilities or access requirements, However, by entering into this hold harmless and easement encroachment agreement the property owner agrees to cover all expenses due to damage and/or removal of improvements that are within the easement and right-of-way. ACTION REOUIRED The City Council is requested to approve the hold harmless and easement encroachment agreement with Woodland Development Corporation, property owners of the Block 3 Common Area in Woodland Crossings, Project 05-32. ~~ o Natural Resources Technician Attachments: Hold Harmless & Easement Encroachment Agreement/' cc: Byron Westlund, President, Woodland Development Corporation o HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT o THIS AGREEMENT, made this 6th day of November, 2007, by and between Woodland Development Corporation (property owner), owner of said property noted below (hereinafter "property owner") and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"), WHEREAS, Woodland Development Corporation (property owner) is the fee owner of easement area east of Jay Street NW between 158th Avenue NW and 157th Lane NW in Block 3 (hereinafter Block 3 common area) in Woodland Crossings, Andover, MN; and WHEREAS, drainage and utility easement and right-of-way exists throughout the property; and WHEREAS, Woodland Development Corporation (property owner) understands that a retaining wall and fence (hereinafter "improvements") will encroach into said drainage and utility easement and right-of-way of Jay Street NW; WHEREAS, the City is willing to acknowledge and agree to an encroachment of the drainage and utility easement and right-of-way for said improvements assuming certain conditions are met; WHEREAS, Woodland Development Corporation (property owner) is aware the area is for drainage and utility and right-of-way purposes and acknowledges that access, maintenance, repair and/or replacement may be required in said easement resulting in removal of the improvement; NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easement and right-of - way, Woodland Development Corporation (property owner) hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Woodland Development Corporation (property owner) or their successors in interest constructing and maintaining said improvement upon the utility easement and right-of-way of the City, Furthermore, the City not be held responsible for any damage to said improvement constructed on the City's easement or right-of-way if they are damaged or destroyed as a result of the City exercising its rights to access, excavate, repair, construct or maintain any public improvements within said easement or right-of-way, City may require evidence of insurance from Woodland Development Corporation (property owner) to cover the indemnification required herein, o o IN WITNESS WHEREOF, the parties have hereunto set their hands this day of November, 2007, CITY OF ANDOVER, a Municipal Corporation By: Its: City Clerk By: Its: Mayor Byron Westlund, President Woodland Development Corporation STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) o On this day of November, 2007, before me, a notary public within and for said county, personally appeared for Victoria Volk and Michael R. Gamache to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City, Notary Public STATE OF MINNESOTA ) ) ss, COUNTY OF ANOKA ) On this day of November, 2007, before me, a notary public within and for said county, personally appeared for Woodland Development Corporation (Byron Westlund, President), Notary Public o This instrument was drafted by: City of Andover 1685 Crosstown Blvd, NW Andover, MN 55304 This instrument is exempt from registration tax and recording fees under Section 386.77 of the Minnesota statutes, G:IDATAISTAFFlRHONDAAIFORMSIHOLD HARMLESS AGREEMENT.doc o o o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members \ ~ Jim Dickinson, City Administrator ~ David D. Berkowitz, Director of Public Works/City Engineer CC: FROM: SUBJECT: Receive Assessment RoWWaive Public Hearing/Adopt Assessment RoW07-25 (2756 - 134th Lane NW) & 07-26 (2766 - 134th Lane NW)/SS & WM- Engineering DATE: November 6, 2007 INTRODUCTION This item is in regard to waiving the public hearing and adopting the assessment roll for Project 07-25, 2756 - 134th Lane NW & Project 07-26, 2766 - 134th Lane NW for sanitary sewer & water main. DISCUSSION The City Council at the October 16, 2007 meeting approved a resolution declaring the cost and ordering assessment roll, This item is the last step as required by law to be able to levy the assessment to the property. The property owner has reviewed the assessment worksheets and agrees with the final assessment amount. See attached letter, BUDGET IMP ACT This will be assessed over a five year period. ACTION REOUIRED The City Council is requested to approve the resolution waiving the public hearing and adopting the assessment roll for the improvement of sanitary sewer & water main for Project 07-25, 2756 - 134th Lane NW & Project 07-26, 2766 - 134th Lane NW, Respectfully submitte , CJ..-u CJ. David D. Berkowitz . ./././ Attachments: Resolutions, Assessment Rolls & Waiver cc: Dennis Steinlicht, 2766-133rd Lane NW, Andover o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN PROJECT NO, 07- 25, 2756 - 134 TH LANE NW - o WHEREAS, the property owner has waived their right to a public hearing, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 3. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 4, Such assessment shall be payable in equal annual installments, extending over a period of L years, the first of the installments to be payable on or before the 1 st Monday in January, 2008 and shall bear interest at a rate of 5,5 percent per annum from the date of the adoption of this assessment resolution, 3, The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made, MOTION seconded by Councilmember City Council at a reQular meeting this 6th Council members and adopted by the day of November ,2007, with voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed, CITY OF ANDOVER voting o ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN PROJECT NO. 07- 26. 2766 - 134 TH LANE NW - o WHEREAS, the property owner has waived their right to a public hearing, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2, Such assessment shall be payable in equal annual installments, extending over a period of ..L years, the first of the installments to be payable on or before the 1 st Monday in January, 2008 and shall bear interest at a rate of 5,5 percent per annum from the date of the adoption of this assessment resolution, 3, The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made, MOTION seconded by Councilmember City Council at a reqular meeting this 6th Councilmembers voting in favor of the resolution, and Council members and adopted by the day of November ,2007, with voting against, whereupon said resolution was declared passed, CITY OF ANDOVER c ATTEST: Michael R. 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Therefore I agree to waive the pubic hearing. c ~~~ Dennis Steinlicht -.. " e o o o GO CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members ~~ Jim Dickinson, City Administrator David Berkowitz, Director of Public orks/City Enginee~ CC: FROM: Jason J, Law, Assistant City Engineer SUBJECT: Approve Compensating Change Order #1/07-02 (2007 Overlays) - Engineering DATE: November 6, 2007 INTRODUCTION This item is in regards to approving Compensating Change Order #1 for the 2007 Overlay Project (C,P, 07-02), DISCUSSION Compensating Change Order #1 depicts the actual project quantities at the unit price bid amounts (see attached itemization). The total project cost was completed under the contract amount, however, the costs for the Kelsey Estates area in particular exceeded the bid amount by $3,412,39 due to an increase in storm sewer structures needing replacement and increased restoration quantities, BUDGET IMPACT The increased costs for Kelsey Estates associated with Compensating Change Order # 1 shall be paid for per the Overlay Assessment Policy, which is 25% of the costs are assessed to the benefiting properties and 75% of the costs are paid for by the City, The total project cost ($799,198.15) is less than the contract bid amount of $826,365.27. ACTION REQUIRED The City Council is requested to approve the resolution approving Compensating Change Order #1 for the 2007 Overlay Project (C,P, 07-02), Respectfully submitted, (f-JI-r Jason J. Law Attachments: Resolution, Compensating Change Order #1, Actual Construction Quantities o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING COMPENSATING CHANGE ORDER !LTO PROJECT NO, 07-02.2007 Overlavs, WHEREAS, the City of Andover has a contract for Project No. 07-02 with Knife River Corporation of Sauk Rapids, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No, 07-02. Adopted by the City Council of the City of Andover this November ,2007. 6th day of CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US COMPENSATING CHANGE ORDER Andover, MN September 14 .2007. Change Order No.....L To Knife River Corporation For Proiect 07-02. 2007 Overlavs For City of Andover You are hereby directed to make the following change to your contract dated April 17 . 2007 . The change and the work affected thereby is subject to all contract stipulations and covenants. This change order will (iBerease) (aeerease) (no change) the contract sum by zero dollars and 00/100 Dollars ($0.00), o This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization), Amount of Original Contract Additions approved to date (Change Order # Deductions approved to date (Nos. ) Contract amount to date Amount of this Change Order (Add) (Dechlet) (}Ie Chaage) Revised Contract Amount $ ) $ $ $ $ $ 826.365.27 0,00 0.00 799.198,15 0.00 799.198.15 Approval City of Andover Approval Knife River Corooration Contractor By Name / Title By John F. Quade-Vice-President CJl"TIDO U "^" t. ).0/22/07 gnature . .. Date Signature Date o ~ o 2007 Overlay Project (C.P. 07-02) Final Construction Quantities. Compensating Change Order LS LS SF SY EACH LF LF SY STA CY CY CY 360 CY 520 520 Ton 1.340 122 Ton 1.300 1.3B5 Ton 1.395 1223 Gal 700 BID SF 3000 2.4B2 LF 10.600 10.59B EACH 14 14 LF 60 60 LF 212 212 EACH 5 5 CY 15 10 SY 50 LF 200 4. ~'jt'. =- .-~~ L 0.25 0.25 LS 0.25 0.25 0 F 900 295 SY 525 494 EACH 13 13 LF lBO 180 LF 170 170 SY 9.300 9.300 STA 30.0 30.0 CY 600 298 CY 670 749 CY 1,170 796 CY 280 442 Ton 1.090 1018 Ton 780 855 Ton B55 n5 Gal 405 46B SF 900 570 LF 5.700 5654 EACH 4 4 01 LF 40 40 LF 90 90 EACH 2 2 LF 20 20 LF 65 67 EACH 2 2 CY 3 3 SY 600 SY 830 LF 100 o , 0 L 0.30 0.30 LS 0.30 0.30 SF 2.400 1460 SY 250 191 EACH 15 15 LF 70 70 SY 10600 10600 STA 32.4 32.4 C 670 335 CY 220 249 CY 445 266 CY 320 498 Ton 950 901 Ton 880 983 Ton 920 839 Gal 480 522 SF 2.300 2.663 LF 6450 6420 SF 45 8 EACH 3 1 EACH 4 7 LF 45 45 LF 65 64 EACH 1 1 EACH 2 2 CY 9 30.3 SY 630 SY 330 LF 100 ~;J o o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director ~ Courtney Bednarz, City Plann~ TO: Mayor and Councilmembers FROM: SUBJECT: Approve City Code Amendment 11-3-6 E. Subdivision Code/Three Lots Per Cul-De-Sac- Planning DATE: November 6, 2007 INTRODUCTION As discussed at the October 23rd Work Session, the Council is asked to change this section of the code back to the way it existed prior to the changes adopted on September 18,2007, o DISCUSSION The city required all rural lots to be 300 feet wide and had no requirements for the number of rural lots allowed to front on a cul-de-sac until 1990, Up to that time developers had been requesting variances to the 300 foot lot width requirement to make more efficient use of the area around cul-de-sacs, In 1990, Ordinance lOR created the provision shown below to allow two lots at 160 feet in width at the end of a cul-de-sac. Ordinance 10R, the accompanying staff report and minutes are attached. Ordinance lOR Section 9,06a(3) .., For lots which abut a cul-de-sac, the lot width at the setback line is to be a minimum of one hundred sixty (160') feet. Two lots maximum are allowed at the end of each cul- de-sac regarding the lot width. 2003 Amendment In 2003, the city reduced the building pad size requirements for rural lots from 22,500 to 3,600 square feet to acknowledge that more difficult properties were being developed and to accommodate custom grading ofrura110ts. As a part of this process a long paragraph was broken into a number of separate statements to allow the requirements to be more easily understood. Through numerous discussions the result concerning cul-de-sac lots yielded the following provision: o E. Cul-De-Sac Lots: The minimum lot width at the front setback line for cul-de-sac lots lacking municipal sanitary sewer is one hundred sixty (J 60') feet. Two lots per cul-de- sac are allowed to utilize the reduced lot width. o 2007 Amendment During the recent Subdivision Ordinance Update this section was changed to read as follows: E. Cul-De-Sac Lots: The minimum lot width at the front setback line for cul-de-sac lots lacking municipal sanitary sewer is one hundred sixty feet (160? A maximum of two (2) lots lackinf! sanitarv sewer per cul-de-sac are allowed to tJlilize t.'le i edueetllet 11 iith be olatted. Summary It is staff s view that the most recent change is contrary to the original intent of the ordinance, The original intent was not to artificially limit the number of lots per cul-de- sac, The intent was to allow two lots per cul-de-sac to use the reduced lot width requirement of 160 feet. There is no reason that a plat should be restricted from platting additional rural lots on a cul-de-sac if the standard 2.5 acre lot area, 300 foot width and 150 foot depth requirements can be met. Further, by imposing a limit of two lots per cul-de-sac this requirement will not allow flexibility to address more difficult pieces of property such as a property with wetlands or floodplain at the end of a cul-de-sac. The Kuiken sketch plan is attached as one relevant example, o Staff Recommendation Staff recommends the Council amend the ordinance to restore the language established in 2003, ACTION REOUESTED The Council is asked to approve the attached ordinance amendment Attachments Proposed Ordinance Ordinance lOR Minutes Staff Report Kuiken Sketch Plan 111-JL: .e~ Bednarz o -~- c CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO, THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 11: SUBDIVISION REGULATIONS CHAPTER 3: DESIGN STANDARDS 11-3-6 E: Cul-De-Sac Lots: The minimum lot width at the front setback line for cul-de- sac lots lacking municipal sanitary sewer is one hundred sixty feet (160'), A ffiaJdffi1:ll1l of Itwo (2) lots lacking SElflitary sewer per cul-de-sac are allowed to utilize the reduced lot width. be platted, All other sections of the City Code shall remain as written and adopted by the City Council of the City of Andover, Adopted by the City Council of the City of Andover on this _th day of November, 2007, ATTEST: CITY OF ANDOVER o Michael R. Gamache, Mayor Victoria V olk, City Clerk o -J- 0, 0) Oi CITY OF ANDOVER . COUNTY OF ANOKA. STATE OF MINNESOTA ORDINANCE NO. lOR AN ORDINANCE AMENDING ORDINANCE NO. 10/ THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: 9.06a(3) Areas Lacking Municipal Sanitary Sewer Outside the Metropolitan Urban Service Area. In areas which are not served by municipal sanitary sewer and outside the Metropolitan urban service Area, no residential lot shall be developed for residential purposes unless it contains a minimum of 108,900 . square feet, of which 39,000 square feet of contiguous land area is buildable with a minimum width of at least one-hundred fifty (150') feet and a minimum depth of one-hundred fifty (150') feet, and has a width of at least three hundred (300') feet at the building setback line. For lots which abutt a cul-de-sac, the lot width at the setback line is to be a minimum of 160 feet. Two lots maximum are allowed at the end of each cul-de-sac regarding the lot width. The preliminary plat shall show a feasible plan for future re-subdivision by which lots may be re- subdivided to meet the size and dimension standards of lots in areas served by municipal sewer. These provisions shall not apply to 'plats approved by the City prior to october 17, 1978. I Adopted by the City Council of the City of Andover this 7~h day of lIngn<;;t- , 1990. CITY OF ANDOVER ATTEST: ~dLV Victoria ~olk - City Clerk -0:/---- 0; 0) 0) Regula~ CIty Council Meeting August 7, 1990 - MInutes Page 7 ORDINANCE 10. SECTION 9.03 AMENDMENT' ChaI~pe~son Pease explaIned the amendme~t deals wIth the mInImum Jot wIdths at buIldIng setback fo~ Jots that abut a cul-de-sac. Council agreed to the followIng claLIfIcatIon In 9.06a(3); ....has a wIdth of at least thr'ee hund~ed (300') feet at the buIdlIng setback lIne. For' lots whIch abut a cul-de-sac, the lot wIdth at the setback lIne Is to be a mInImum of 160 feet.... MOTION by Or'tteJ, Seconded by Perr'Y, Intr'oducIng an OrdInance amendIng OrdInance No. 10, the SubdIvIsIon and PlattIng Ordinance of the CIty of Andover' as amended. MotIon car'cIed unanImously. Regular Planning & zoning Meeting Minutes--July 10, 1990 Page -3-. ! i t:l.O(",1L;J ) AMENDMENT TO ORDINANCE NO. 10, SECTION ~3 STREETS IN REGARD ~/O~ TO CUL-DE-SAC FRONTAGE IN RURAL AREAS DISCUSSION I '. .. Haas rev~ewed the proposed amendment to Ordinance No. 10 regarding minimum lot widths at the building setback for lots that abutt a cul-de~sac in the rural area. The Andover Review Committee I has reviewed the types of plats in the rural area in the past, and have recommended to change the ordinance which would eliminate the need for variances. Regular Planning & Zoning Meeting Minutes--July 10, 1990 Page -4- In reviewing the proposed amendment it was noted that the minimum depth should be 160 feet, not 157 feet. This would allow the property owner to do a lot split at some future date if sewer and water become available and if the home is situated on the lot to meet setback requirements in effect at that time. MOTION by Vistad and seconded by Coleman that the Andover Planning and Zoning Commission recommend to the Andover City Council approval of the change to Ordinance No. 10 governing' cul-de-sacs as written except for the change from 157 feet to 160 feet. Motion carried unanimously. . ->- 0) '-.-) 0) o ) -j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION August 7, 1990 DATE ORIGINATING DEPARTMENT AGENDA SECTION NO. ITEM NO. Engineering -1f*" 5. Ordinance 10, Sec. 9.03 Amendmen BY: BY: The city Council is requested to review and approve the amendment to ordinance 10, Section 9.06a(3) regarding minimum lot widths at building setback for lots that abutt a cul-de-sac. See attached drawing. The Andover Review Committee has reviewed these types of plats in the rural area in the past and have recommended to change the ordinance which would eliminate the variances. Ordinance 10, Section 9.06a(3) relates to the lots lacking municipal sanitary sewer outside the Metropolitan Urban Service Area. The Planning and Zoning Commission has reviewed the req~est and recommends approval of the amendment. COUNCIL ACTION SECOND BY MOTION BY TO -,(- 01 ::J ~7 ~V~ ..- o OJ 0; J 6 -19-f() (I.~. m!:J. /lnr..J:./KJ" 04. 6 I iflc d- rnr.nly- m au,e.-& -;:fd~ (f'an;zL a'u~~~) f'.{,~~~ -1- j ,..../ :/,,/ ....,-::.-:--- -----.. .-..... - .... '\ \ , '" I .I (iXAV,PLE -7~ ~ I(f/~~ s~ f?~' C 3U-;S) -'< o \ .. ~ .__" .. .." ~.. - -"I , , o : ... / /^~~~/l ;' ,/ /~:h" . ~-~ ....)... iro .1 ~ ....1. '",,'* I ,'" ~- . I') '. , I '~J' -j % ,"';'@8"t ~ >- I ~. ' '. ,r' . i a __L i.... I :: "', ;.- - "-l'~ , ~e " ~ow~,. Line Ease .:" j '. 1313.07__ - - -..... ~-~- .. -._--~ P;~.',"i!.r L .., " , ( , , , , , . , .. -j"--- o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Mayor and Councilmembers ~~ Jim Dickinson, City Administrato Will Neumeister, Community Deve ment Directortv'L Chris Vrchota, Associate Planner If'! TO: FROM: DATE: November 6, 2007 SUBJECT: Approve Conditional Use PermitlDrive Through Business/2121 Station Parkway NW - Planning INTRODUCTION The applicant is requesting a Conditional Use Permit to construct a drive-through for the new credit union planned on the site. o DISCUSSION As per section 12-13-3 of the Andover City Code, a drive-through is a conditional use in the General Business (GB) zoning district. The Conditional Use Permit (CUP) review process allows for the review of the planned design for traffic circulation, stacking, and potential impacts from noise and lighting on neighboring properties, The site is located east of the new Northgate Liquors location. Traffic will stack on the south side of the building, cycle through the drive-through on the east side, then circle around to the north side. Impact on neighboring properties will be limited, as the site is bordered by retail development to the west and north and a storm water retention pond to the east. There are townhomes across Station Parkway to the south, but because of the location of the drive-through lanes there should be no significant headlight glare to this area, o Applicable Ordinances Chapter 12-5-6 B of the Andover City Code provides the following criteria for the issuance of a Conditional Use Permit: 1. In. granting a Conditional Use Permit, the City Council shall consider the advice and recommendation ofthe Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan, o 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the comprehensive plan, the City Council may grant such permits, Comparison of Proposal to Applicable Ordinances The proposal conforms to all applicable ordinances. Staff Recommendation Staff recommends approval of the proposed Conditional Use Permit subject to the conditions in the attached resolution. Planning Commission Recommendation The Plarming Commission unanimously recommended approval ofthe proposed CUP, Attachments Resolution Location Map Letter from the Applicant Site Plan Elevations o Plarming Commission Meeting Minutes ACTION REQUESTED The City Council is asked to approve the proposed Conditional Use Permit. mitted, Cc: Minnco Credit Union, Attn: Steve Oien, 235 West First Avenue, Cambridge, MN 55008 o -2-- o c o CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES, NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF MINNCO CREDIT UNION FOR A DRIVE-THROUGH ON PROPERTY LOCATED AT 2121 STATION P ARKW A Y NW, LEGALLY DESCRIBED AS: Lot 2, Block I, Andover Marketplace East 2nd Addition, Anoka County, Minnesota WHEREAS, Minnco Credit Union has requested a Conditional Use Permit for a drive-through; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for a drive-through on said property with the following conditions: I, The Conditional Use Permit shall be contingent upon approval of a Commercial Site Plan. 2, The site shall conform in all ways with the Andover City Code and Andover Station Design Guidelines, 3. The Conditional Use Permit shall be subject to a sunset clause as per section 12-14-6-D of the Andover City Code, Adopted by the City Council of the City of Andover on this _day of ,2007, CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk -3- <S ~a. 0l11l ~2 "0_ c.<= <(0) ~Ci5 Ou >>.- -> 00 j..' ~ :!2 o z w 'J Cla: w W w ~ U ~ ~ ~ ~ ~IIILDLD '" Q) 0 ~ (J) .!! '" ~f:3 '" '" '" .... .... <9(1) .... '" ro "'~ " '" :;; .<= '" ~~ 0; .a <) 0 .5 '" 13 Oz a o=> 0 ~O Q; 2 Q; .. () OJ n; 8~ <) '" (I) 0 0 a. a. l!l 0i0 '" '" '" oZ ::0 ::0 0 (I)<{ r . I ~ ; . ; / \\ I L~L~J / \ I ~ \ "--1 r~~ \ ! I . \, L-J li-l-iT~~%l II L.____-1.--, ~ J 0 __.~ !?; r- -----L__..... I~I 1::5 ffi ~</ !I ~ U I '~ -,,-~ \;::V-.L -_..J ~._-- I --!~I Q.. Z o i= i<( i~! L~,~.J ~~ r~ r .. I I ......_---.L.-) IS NUtl'itlAJ ~ SUi: sd~ 90'" f- o o o ...... "I. ARCH/TECTS RECEIVED 03 October 2007 Mr, Courtney Bednarz City of Andover / City Planner 1685 Crosstown Boulevard N.W. Andover, MN 55304 OCT 4 2007 CITY OF ANDOVER Re: Minnco Credit Union Proposed Branch Building Andover, Minnesota Condition Use - Drive through Minnco Credit Union is in the process of purchasing the east portion of Andover Station Outlot C East, (Lot 2, Block 1 Andover Marketplace East Second Addition). Minnco has been operating for over 70 years, and has over 16,000 members and four locations. The intent is to build a credit union branch with approximately 5,000 square feet on the Main Level, and approximately 1,000 square feet on the Lower Level. We are requesting approval from the City of Andover Planning Department for a Conditional Use Pennit for a drive-through facility connected to this financial facility. Site/Parking The site is approximately 1.23 acres, and shares parking with the liquor store to the west next door, Currently we are showing 24 parking spaces, which exceeds the required quantity. The site will be landscaped consistent with the Andover Station guidelines, and compatible with the adjacent liquor store site. Lighting Illumination from the existing parking lot and street fixtures partially illuminate the site. The remaining areas will be lit using light fixtures that project the light downward, The fixtures will be both building mounted, and pole mounted, The pole-mounted fixtures will be compatible with those already in place in the parking lot. The drive up canopy will be provide enough illumination to provide security for A TM users, without providing a distraction for the residents to the south. Building Design The building is to have three lanes of drive up banking and a drive up ATM. Sound at the drive up will be controlled so that is doesn't affect the nearby residents. For purposes of familiarity and brand image, the building design is based on Minnco's recently completed North Branch location. The primary materials are stone and brick, with green synthetic stucco and pre finished metal accents. The preferred brick color, as seen in the photos, is very similar to that used on the Target store immediately east of the credit union site, The green synthetic stucco accent and prefinished metal will match the color of the metal on Jubilee Foods, and the tower tops on the retail building, If you have any questions or comments regarding any part of this narrative, please feel free to call. We look forward to working with you on this project. ~~~ Michael F, Kraft HTG Architects Enclosure -s-- , , o ,,---0 670 ,. r-. q'-J ---0 () U\ m G U\ -I m \J r )> z o o SHEET: I I I I I I I I I I I I I I I I I I I I , I I I I , 7/ I I I ~ I I I I / o c -< r ~! II-I p- ~ ;z: 3 i$/ ~/ J'/ '" / it! ~ 0/ !/./ / / / / / / L________ I i I 1-- r- I I I I ( I I I 10 building and parking set60ck - - - - ....J ~ -'-'''- ..".01"",,0.' "-.-.- " / .< ~'f'~ I'..' o c -< r o -< lD / PROJECT #: 07197 DATE: 10-15-07 9300 Hennepin Eden Prairie, MN. MINNCO CREDIT UNION PROPOSED NEW BRANCH ANDOVER, MINNESOTA -;6- Tel: 952.278.8880 Town Road 55347 Fax: 952.278.8822 o c -< r o -< o '1l ~ ~ ~ ~ ~ m >< en -i Z i ~ fii ~ ~ ~ m z (f) o o --i :D m () m < m o a> '" "" E3 II i,' ~... ,'j ~ ;1 it ~ - '11:- ~r &A""'~ ...IJ'tIl\' ur"li o o . ~. ., o o -"1- o o -tr~ o -'[- o o o PLANNING AND ZONING COMMISSION MEETING - OCTOBER 23,2007 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was , called rder by Chairperson Daninger on October 23,2007,7:00 p,m., at the Andover City Hall, 5 Crosstown Boulevard NW, Andover, Minnesota. Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Devon Walton, Douglas alk and Dennis Cleveland, Commissioners absent: Also present: City Planner, urtney Bednarz Associate Planner, .s Vrchota Assistant City Enginee , Todd Haas Others APPROVAL OF MINUTES. September 25,2007 Motion by Kirchoff, seconded by Casey, to approve the minutes as presented, carried on a 7-ayes, O-nays, O-absent vote, .. PUBLIC HEARING: CONDITIONAL USE PERMIT (07-12) FOR A DRIVE THROUGH AT A PROPOSED FINANCIAL INSTITUTION AT 2121 STATION PARKWAY NW. Mr, Vrchota noted the applicant is requesting a Conditional Use Permit to construct a drive-through for the new credit union planned on the site. Commissioner Kirchoff asked if the driveway off of Station Parkway allowed access to the liquor store, Mr, Vrchota indicated it would, Motion by Walton, seconded by Casey, to open the public hearing at 7:04 p.m, Motion carried on a 7-ayes, O-nays, O-absent vote. -/t; - o o o Regular Andover Planning and Zoning Commission Meeting Minutes - October 23, 2007 Page 2 No one wished to address the Commission, Mr, Michael Kraft, HTG Architects, 9300 Hennepin Town Road, Eden Prairie, indicated he was representing Minnco Credit and could answer questions. Cormriissioner Walton asked if the front of the building will be facing north and if so, how will they dress up the south side to the townhomes so if does not look like the back of the building, Mr, Kraft stated there are actually faces on each side of the building, He stated the entry faces west, they have created a bay to the north so it has a face toward the street. He stated there will also be a face towards the townhomes, Commissioner Falk stated on the southeast area of the property, the green space, will there be some type of foliage to block the view of the townhomes for aesthetic purposes, Mr, Kraft indicated these will be low plantings to conceal cars but not to conceal the bank, Motion by Falk, seconded by Walton, to close the public hearing at 7:06 p,m, Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Walton, seconded by Kirchoff, to recommend to the City Council approval of the proposed Conditional Use Permit subject to the conditions in the attached resolution, Motion carried on a 7-ayes, O-nays, O-absent vote, Mr. Vrchota stated that this item would be before the Council at the November 6, 2007 City Council meeting, Wi . Review of Transportation Plan Update e Transportation Plan with changes with the Commission. rian crossing changes with the Commission, Chairperson Daninger stated the crossing 0 rosstown by the high school is a very difficult crossing and represents a bad crossing, wondered why this was even put there, Mr. Haas stated at one time the school district going to use the city fields at Sunshine Park but now most of their sport activities are on e high school grounds, He noted there is a crossing guard during school start and close tim to help pedestrians cross the street. Mr, Haas thought most of the comments from the Planning Commission seeme reasonable so they did make the changes to the plan, -//- c o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve City Code AmendmentlPrevailing Wage Regulations DATE: November 6, 2007 INTRODUCTION Pursuant to direction at the April 3, 2007 Council meeting, staff has assembled data on prevailing wages for Council review at the July 24,2007 Council Workshop. Also at that meeting the Council received presentations from some local Union Organizers. Discussion at the workshop centered on whether or not the City of Andover should require prevailing wage on all City construction projects, The Council discussed this topic again at the September 25th Council Workshop were discussion centered on how the prevailing wage computation is made and if there would be additional cost to the City if a prevailing wage ordinance was adopted, The Council discussed this topic further at the October 23rd Workshop with discussion centering on reviewing an ordinance and an appropriate monetary threshold, DISCUSSION Currently the City of Andover complies with the State Statute on projects ($50K and over) that include State and Federal funds and requires prevailing wage on those projects, The City also requires prevailing wage on high profile projects, most recently the Community Center, The Minnesota Department of . Labor and Industry, Labor Standards, is the agency that enforces the prevailing wage laws, including the calculation of the prevailing wage rates, The attached ordinance was reviewed by the Council in detail at the October 23'd workshop and the matter of the monetary amount that triggers prevailing wage was set at $150,000,00 by the Council after discussion with City Staff and Union Representatives, ACTION REOUESTED The City Council is requested to approve the attached City Code AmendmentlPrevailing Wage Regulations Ordinance, o Attachment o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO AN ORDINANCE AMENDING CITY CODE TITLE 1, PREVAILING WAGE REGULATIONS, CHAPTER 9 PREVAILING WAGE REGULATIONS SECTION: 1-9-1 Definitions 1-9-2 Wage Rates and Hours for City Projects 1-9-3 Applicability 1-9-4 Violations and Penalties 1-9-5 Effective Date 1-9-1 Definitions~ For purposes of this Chapter, the following words and phrases shall have the meaning ascribed to them in this section: 1, Basic Hourly Rate. The hourly wage paid to any employee, 2, Prevailing Wage Rate, Shall have the meaning contained in Minn, Stat. ~ 177.42, Subd, 6, as determined for the area including the City of Andover by the Minnesota Department of Labor and Industry. The Minnesota Department of Labor and Industry shall determine the prevailing wage rate in accordance with ~ 177.41 et seq, and applicable rules, including but not limited to Minnesota Rules 5200,1000 et seq. 3, Apprentice. A person employed and registered in a bona fide apprenticeship program registered with the U.S, Department of Labor or with a state apprenticeship agency, "Apprentice" shall also include a person in the first ninety (90) days of probationary employment as an apprentice who is not registered in the program but who has been certified by the U,S, Bureau of Apprenticeship and Training or a state apprenticeship agency or council to be eligible for probationary employment as an apprentice, 4, Project. Erection, construction, reconstruction, remodeling or demolition of City streets, utilities, storm drains, buildings or parks where the City is a party to the construction contact. Project shall not include contracts for the purchase, rental or repair of motor vehicles or other equipment or personal property, or maintenance contacts or any work performed pursuant thereto including contracts for the maintenance of equipment or personal property or for the routine maintenance or repair of City streets, utilities, storm drains, buildings or parks. Activities involving the insertion of public funds, such as tax increment financing, shall not be considered a project under this Chapter unless the City is a direct party to the construction contract. 5, Laborer, Mechanic. All persons utilized, employed or working on a project who are doing work usually done by mechanics and laborers, including proprietors, partners, and members of cooperatives, 1-9-2 Wage Rates and Hours for City Projects. 1. Any contract which provides for a project of estimated total cost of over $150,000,00 shall contain a stipulation that no laborer, mechanic or apprentice employed directly upon the project work site by the contractor or any subcontractor shall be permitted or required to work at a rate of pay less than the prevailing wage rate, o o o 2. All contractors for City projects shall have applicable schedules of prevailing wage rates set forth in the contract. Schedules of applicable prevailing wage rate shall be present on all project job lists and shall either be posted on the site or be on the person of any supervisor in charge of the job site, 3. Upon request of the City, any contractor or subcontractor working on a project shall furnish the City with a copy of all payrolls relating to the project. Such payroll reports shall be submitted on U.S, Department of Labor Standard Forms or their equivalent to the employee of the City in charge of supervising contract performance. Payroll so submitted shall include the classification of each employee and shall set out accurately and completely all the information required to be maintained under 29 C.F,R. part 5, section 5,5(a)(3)(I), 4. No contractor or subcontractor working on a project shall evade or attempt to evade the provision of this section through the use of non-recognized training programs. The only employees involved in training programs that shall be allowed to work on projects covered by this Chapter shall be apprentices as defined by this Chapter, 1.9-3 Applicability: This Chapter shall not apply to contracts from projects where the total estimated cost of the project is less than $150,000.00; nor to employees who do no more than deliver materials to the work site, except that this Chapter shall apply to employees who deliver asphalt, concrete or mineral aggregate such as sand, gravel or stone where such material is incorporated into the project by depositing the material substantially in place, either directly or through spreaders, from the transporting vehicle. 1-9-4 Violations and Penalties: 1. The contractor shall be the responsible party to ensure the payment of prevailing wages by the contractor or by any subcontractor employed and/or performing work as a part of a municipal improvement. 2. The contractor or any subcontractor who violates the prevailing wage provisions of the contract shall be liable directly to the underpaid laborer or mechanic for the unpaid wages and the contractor or subcontractor, by agreement to perform work on the project, agrees that laborers or mechanics have such cause of action against the contractor or subcontractor, 3. Failure to pay prevailing wages may result in contract payment delay, cancellation of the contract, and/or payment of a fee of up to five percent (5%) of the entire contract price to the City as liquidated damages, 4, On receipt of a written complaint alleging a violation of this Chapter filed with the City Clerk or on its own initiative, the City may refer the complaint to the Minnesota Department of Labor and Industry to determine whether there has been a violation of this Chapter. In the event that the Minnesota Department of Labor and Industry declines to conduct such an investigation, the City may elect, in its own discretion, to either investigate the matter or refer it to an independent investigator. The City and the Minnesota Department of Labor and Industry shall have the right to interview during working hours any employees whether employees of the contractor or any subcontractor. 5. Any person violating the provision of this Chapter shall be guilty of a misdemeanor with each day of violation constituting a separate offense. In addition, if the prevailing wage rate is not paid to employees working on a project, the City of Andover may withhold contract payments to the contractor until such deficiencies are corrected, o o o 1-9-5 Effective Date: This ordinance shall take effect and be in force from and after its passage and publication, Adopted by the City Council of the City of Andover on this day of ,2007. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US SUBJECT: May", ODd Ci1y Council \ ~ Jim Dickinson, City Administrato~ Vicki V olk, City Clerk Approve Residential Kennel License/1750 - 177th Avenue NW TO: CC: FROM: DATE: November 6, 2007 INTRODUCTION Matt Keeling has applied for a residential kennel license on the property located at 1750 -177th Avenue NW. o DISCUSSION Jim Glatt is the owner of the property and he leases approximately 5 of his 100 acres to Mr. Keeling who lives in Ham Lake. Mr, Keeling has 7 dog houses for his American Purple Ribbon Old Fashioned Bred black and tan coon hounds, He has one adult dog and six puppies under the age of 6 months, The dogs are used by Mr. Keeling for hunting and competitions. The property he leases is fenced and he has dog runs for the dogs for exercise. Mr, Keeling is at the property daily to feed the dogs and to clean the area. The adult has been licensed in Andover since it will be here for longer than 3D-days as required by ordinance. Attached are pictures of the property that Mr. Keeling leases, ACTION REOUIRED Council is requested to adopt the attached resolution approving a kennel license for Matt Keeling, o Respectfully submitted, tJ:L. ()/L Vicki V olk, City Clerk Attach: Resolution; Photos; Application Forms o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US DOG KENNEL LICENSE APPLICATION Name /na t-t /(ee-!/?q Address I ~ )C /77 ~ d.e. /J/tJ ~d~) '--7n N S-j3 ()~ Telephone Number 763 '" t! 3 r; - 3 2/ d Number of Dogs 7 Kennel Name '17 /J '-7la '">>l ~ a-zL -61/ S 6, ~ e- Type of Kennel: Commercial (any place where a person accepts dogs from the general public and where such animals are kept for the purpose of selling, boarding, breeding, training, or grooming) V Private (any place where more than three dogs are kept for private enjoyment and not for monetary gain, provided such animals are owned by the owner or the lessee of the premises on which they are kept) o *********************************************************************** Property Size ItJlJ a~ Method of Waste Disposal ../t..tA~~/ Will facility be used for training dogs? /7 tJ Number of employees k Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. *********************************************************************** o Renewal License $25,00 CityCounciI Action o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CONDITIONAL USE PERMIT Property Address /750 171A~ ;1/tJ Legal Description of Property (iflegal is lengthy, please attach a separate sheet): Lot Block Addition PIN 0.3 .3;Z 071 -1;2 000 I (If metes and bounds, attach the complete legal description) Note: If the legal is not provided, the application will not be considered to be complete. o Is the property Abstract or Torrens (to verify this call the Anoka County Office at (763) 323-5400 with the property PIN number), Abstract ,/ Torrens Description of Request "R ".,,;ti;tnh-/,9.t.. boc- I< G iJ/J"z L . fllA't.i ",'"M. 1 c/"5( Section of Ordinance Current Zoning -R - j --i-- --i----i-- --i-- --i----i----i-- --i----i-- --i-- --i----i-- , , . . . , . I . I . . Name of Applicant l111Jtt IItd.l7J Address / h 1s~O 7ltA. J~P A/l-:;' /-Illif"! lttl:( /vUIJ 5-Tsc'i.! Home Phone 7~' J S7.c~617J..Business Phone 5'C-lJf'l.e - Fax ./2._ ~, ~ ~_/.v Signature ", rr 't:UV ~ - Date /~A/')/C)7 I . o o o o )fP!:2Perty Owner (Fee Owner) AJ (If diff?ren!::rb~f ,~011 t Address /750 l7 7-t h !tile- N w ;6l..\3L/ 32~~sinessPhone 763:3.50 ,cfFi ~ Dat/?'}rh" ZD(j7 CONDITIONAL USE PERMIT PAGE 2 G-f-frn-- / The foUowing informatio hall be submitted prior to ~.w by $e City of Andover: 1. Complete application and fee IV::J~~ 2. Letter summarizing request \.:t: . 3. A scaled drawing showing the following: V ,. a. Scale ~ . b. North arrow c. Dimensions of the property and structures d. Front, side, and rear yard building setbacks e. Adjacent streets f. Location and use of existing structures within 100 feet 4. Other information as required to review request Application Fee: Commercial $400.00 includes mailing labels Residential $350.00 includes mailing labels Amended Special Use Permit $200.00 includes mailing labels Public Notitication Sign $30.00 Recording Fee: Abstract & Torrens $60.00 Date Paid /O...3(}~o1 Receipt # f? lei 2 - o "". "<J ~ ... '^ .s: oJ ~ V'" :-t- '--') ~ "5 o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A KENNEL LICENSE REQUESTED BY MATT KEELING ON PROPERTY OWNED BY JAMES GLATT AT 1750-177TH AVENUENW (pIN 03-32-24-42-0001), ANDOVER, MN. . WHEREAS, Matt Keeling has requested a Conditional Use Permit for a residential kenne11icense on the property located at 1750 - 177th Avenue NW; and WHEREAS, the appropriate license fee has been paid and the proper paperwork has been submitted. o NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves a conditional use permit for a residential kennel license requested by Matt Keeling for the property located at 1750 _l77th Avenue NW, Andover, MN with the following conditions: 1. The kennel will be for a maximum of 7 dogs. 2. The kennel license shall be subject to annual renewal. Adopted by the City Council of the City of Andover this day of 2007. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk o o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Approve Premises Permit! Andover Lanes/Andover Lions Club DATE: November 6, 2007 INTRODUCTION The Andover Lions Club has submitted a lease for lawful gambling activity. DISCUSSION The Lions Club is proposing to operate a pulltab operation at Andover Lanes. The rent to be paid to Andover Lanes by the Lions Club will be 5% of the gross profits per month. Attached is a copy of the lease. ACTION REOUIRED Council is requested to adopt the attached resolution approving the premises permit for the Andover Lions Club to conduct a pulltab operation at Andover Lanes for a period of2 years. Respectfully submitted, /l.;L. ()./b Vicki V olk, City Clerk Attach: Lease for Lawful Gambling Activity; Resolution (] Minnesota Lawful Gambling LG215 Lease for Lawful Gamblin Check applicable item: _ 1. Lease for new application. Submit with new premises permit application. _2. Renewed lease. Submit with premises permit renewal. ___3. New owner. Effective date _/___/__ Submit new or amended lease within 10 days after new lessor assumes ownership. __4. Amended lease . Check the change(s) in the lease: _Rent __Premises name __Boothlbar _Activity change __Other . Date that changes will be effective ___-'__/_ . Both parties must initial and date all changes. . Submit changes at least 10 days before the effective date of the change. Organization name License number Pm \:> (j) V f (L _Pull-tabs _Pull-tabs with dispensing device _ ipb.oards _Paddlewheel Pull-tab,,..ipboard, and. Padd.lewheel Rent (No leaSe required for raffles.) Booth operation - sales of gambling equipment by an employee Bar operation - sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also. sold. r --- -::- - --- -------- ---- - - - --- --- - -- -- - ----'=' -.- --- - - --- -::- - --, Does. y~ur . o'l'anization OR any ~ther oraanization cond~ct galTlbling > .. ... . frCJm a booth operation at this location? _ Yes . +-NCI .. < L~________________ _______~____~___w If you answered yes to the question above, rent limits are If you answered no to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: _ Booth operation - Bar operation _ Booth operation and pull-tab dispensing device - Bar operation with pull-tab dispensing device _ Booth operation and bar operation - Pull-tab dispensing device only - Booth operation, bar operation, and pull-tab dispensing device o LI'ovJs. C',^- Street address Name of leased premises /1'1J~,vf!.r' [4>le$ I" c Name of legal owner of premises 7)" to1;~ I 7)..1t /r:" Name of lessor (if same as legal owner. write in "SAME") /J" ")'J H ""It.. SLfl./W Business/street address !{;82-f' u/.;....eI t-IL /Jr. Business/street address o The maximum rent allowed may not exceed $1,750 in total per month for all organizations at this premises. COMPLETEONEOPlION: Option A: 0 to 10% of the gross profits per month. Percentage to be paid % 6/07 Page 1 of 2 Daytime phone ?. d--~ City If"ldvv.ev (03-'-/Z-(-~~ 7 Zip Daytime phone 5S)lJlf 1(,,> "l')'1f fG'OO Zip Daytime phone :;5)1/1 76) 'II] .f('rr Zip Daytime phone State l\fl City /1nel..v('.- City State )-iN State The maximum rent allowed may not exceed $2,500 in total per month for all organizations at this premises. COMPLETE ONEOPlION: Option A: 0 to 20% of the gross profits per month. Percentage to be paid S % Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $0 $400 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid $ Option c: $0 to $400 per month on the first $4,000 of gross profit Amount to be paid $ Plus, 0% to 10% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid % Bingo Rent' Option D: 0 to 10% of the gross profits per month from all lawful gambling activities held during bingo occasions, excluding bar bingo. Percentage to be paid % o Option E: A rate based on a cost per square f90t, not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling ContrQI Board. No rent may be paid for bar bingo. Rate to be paid $ per square foot The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. Option C: $0 to $200 per month on the first $1,000 of gross profits. Amount to be paid $ . Plus, 0% to 20% of the gross profits may be paid per month on gross profits over $1,000. Percentage to be paid % Bar Bingo R.ent Option F: No rent may be paid for bingo conducted in a bar. New Bingo .Activity For any new bingo activity not previously included ina Premises Permit Application, attach a separate sheet of paper listing the days and hours that bingo will be conducted. LG215 Lease for Lawful Gambling Activity 6/07 Page 2 of 2 o Lease Term The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management of Gambling Prohibited The owner of the premises or the lesser will not manage the conduct of gambling at the premises. Participation as Players Prohibited The lesser, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises. Illegal Gambling . The lesser is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. o In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises and that the lesser or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision l(a). . To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises-are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota StabJtes 609.75. . Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organization or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, item H or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. . The lesser must not modify or terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. Other Prohibitions . The lessor will not impose restrictions on the organization with respect to providers (distributors) of gambling-related equipment and services or in the use of net profits for lawful purposes. . The lessor, any person residing in the same household as the lessor, the lesser's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate stabJte or rule. The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the eRG. Access to permitted premises The Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. Lessor records The lessor must maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3-1/2 years. Rent all-inclusive Amounts paid as rent by the organization to the lesser are all-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, including but not limited to trash removal, janitorial and deaning services, snow removal, lawn services, electricity, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expendibJres made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Changes in lease If the lease is amended with no change in ownership, the organization will submit the amended lease to the Board at least 10 days before the effective date of the change. If a change in ownership occurs, the organization will submit an amended lease to the Board within 10 days after the new lessor has assumed ownershiP. Acknowledgment of Lease Terms I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. Other terms Dale /0/11/1,.'N7 . o Date /~~7 CPre-:s/Jed) Questions? Contact the Licensing Section, Gambling Control Board, at 651-639-4000. This publication will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form will become public information when received by the Board, and used to determine your compliance with Minnesota staMes and rules goveming lawful gambling activities. o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER LIONS CLUB TO CONDUCT A PULL-TAB OPERATION AT ANDOVER LANES, 13633 MARTIN STREET NW, ANDOVER, MN. WHEREAS, the Andover Lions Club has submitted an application to the City of Andover for a premises permit to operate a charitable gambling operation at Andover Lanes, 13633 Martin Street NW, Andover, MN; and WHEREAS, per Minnesota Gambling Control Board requirements, a resolution must be adopted by the City Council within 60 days of receipt of the application. c NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a premises permit for charitable gambling for the Andover Lions Club is hereby approved subject to the terms outlined in City Code Title 5, Chapter 3. Adopted by the City Council of the City of Andover this 6th day of November. 2007. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria Volk - City Clerk o o o o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Public Hearing for 2007 Delinquent Service Charges DATE: November 6, 2007 INTRODUCTION City Code Title 10 Chapter 3, 10-3-3E; City Code Title 10 Chapter 1, IO-I-9F; and City Code Title 8 Chapter 5, 8- 5-3D provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service charges, false alarm fines and mowing fees. The assessment procedures directed by state statute 429 is being followed by holding a public hearing to act upon the proposed assessment. DISCUSSION The total delinquent service charges were $51,127.89 as of September 25,2007 when written notification to the property owners and preparation of the preliminary assessment worksheets began. Payments received prior to October 30th have been applied to the delinquent accounts, reducing the delinquent balance to $45,033.47. Delinquent balances as of November 1,2007 are charged an administrative fee of 15% and will cany an 8% interest rate when certified to Anoka County for collection with the 2008 taxes. Therefore, the total assessment for delinquent sewer, water, storm sewer, street lighting services, false alarm fines and mowing fees is $55,391.17. BUDGET IMPACT This request will assist in reducing outstanding receivables for the City. ACTION REOUIRED The Andover City Council is requested to approve the attached resolution adopting the assessment roll after Council has heard and passed upon all objections for delinquent sewer, water, storm sewer, street lighting charges, false alarm fines and mowing fees. Respectfully submitted, 'i?)~ Lee Brezinka Attachments: . 2007 Delinquent Utility List Resolution Adopting Assessment Roll for Delinquent Utilities o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER, STORM SEWER, STREET LIGHTING CHARGES, FALSE ALARM FINES AND/OR MOWING FEES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water, storm sewer, street lighting charges, false alarm fmes and/or mowing fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 2008 and shall bear interest at the rate of 8 percent per year. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution. Adopted by the City Council of the City of Andover on this 6th day of November, 2007. CITY OF ANDOVER ATTEST: Victoria V olk - City Clerk Michael R. Gamache, Mayor CITY OF ANDOVER 2007 Delinquent Utility List 0 (includes all INACTIVE and ACTIVE accounts 90 days past due) Amount Certified Service Address Amount (including 23%) 1038 159TH LN NW $ 194.78 $ 239.58 1049 ANDOVER BLVD NW 26.80 32.96 1092 142ND LN NW 209.41 257.57 1093 144TH LN NW 54.07 66.51 1123152ND LN NW 0.65 0.80 1124 143RD AVE NW 151.78 186.69 1135142ND LN NW 20.04 24.65 1136143RDAVE NW 1.27 1.56 1148155THAVE NW 69.29 85.23 1282 140TH LN NW 60.67 74.62 1303 155TH LN NW 172.94 212.72 1330 153RD LN NW 53.72 66.08 13310 TULIP ST NW SPRKL . 114.27 140.55 13312 TULIP ST NW 47.34 58.23 13320 THRUSH ST NW 80.00 98.40 13320 THRUSH ST NW 133.71 164.46 13322 TULIP ST NW 112.14 137.93 13326 TULIP ST NW 135.16 166.25 13326 TULIP ST NW 78.09 96.05 13330 TULIP ST NW 79.99 98.39 13336 TULIP ST NW 77.82 95.72 0 13336 TULIP ST NW 80.17 98.61 13340 POPPY ST NW 470.88 579.18 13344 IBIS ST NW 372.14 457.73 13356 THRUSH ST NW 105.46 129.72 13377 UPLANDER ST NW 36.34 44.70 13381 HUMMINGBIRD ST NW 259.07 318.66 13423 CROOKED LAKE BLVD NW 114.54 140.88 13454 JONQUIL ST NW 39.37 48.43 13472 Ibis Street NW 91.13 112.09 13476 MARTIN ST NW 107.15 131.79 13494 MARTIN ST NW 79.37 97.63 13498 HUMMINGBIRD ST NW 54.54 67.08 13498 HUMMINGBIRD ST NW 142.12 174.81 13510XAVISSTNW 224.88 276.60 13521 PARTRIDGE CIR NW 44.36 54.56 13564 NARCISSUS ST NW 28.15 34.62 13624 GLADIOLA ST NW 108.65 133.64 13626 NARCISSUS ST NW 0.47 0.58 13632 PARTRIDGE CIR NW 100.10 123.12 13638 PARTRIDGE CIR NW 95.59. 117.58 13640 PARTRIDGE CIR NW 24.90 30.63 13644 PARTRIDGE CIR NW 43.12 53.04 13655 MARTIN ST NW 2,749.64 3,382.06 13731 XAVIS ST NW 1.14 1.40 13733 CROSSTOWN DV NW 40.81 50.20 0 13733 CROSSTOWN DV NW 157.09 193.22 13747 YELLOWPINE ST NW 271.76 334.26 13760 QUINN ST NW 275.84 339.28 13762 PARTRIDGE ST NW 79.99 98.39 13793 PARTRIDGE ST NW 92.29 113.52 13804 Vintage Court NW 91.13 112.09 CITY OF ANDOVER 2007 Delinquent Utility List (includes all INACTIVE and ACTIVE accounts 90 days past due) o o Service Address 13804 VINTAGE CT NW 13818 CROSSTOWN DR NW 13819 QUINN ST NW 13830 SYCAMORE ST NW 13839 NORTHWOOD DR NW 13842 NORTHWOOD DR NW 13842 SILVEROD CT NW 13849 PALM ST NW 13871 SYCAMORE ST NW 13872 ROSE ST NW 13892 WOODBINE ST NW 13892 WOODBINE ST NW 13920 Crosstown Blvd NW 13920 CROSSTOWN DR NW 13921 NORTHWOOD DR NW 139421VYWOOD ST NW 13943 CROCUS ST NW 13977 TULIP ~T NW 13979 UNDERCLlFT ST NW 14001 NIGHTINGALE ST NW 14001 NIGHTINGALE ST NW 14003 YUKON ST NW 14004 EAGLE ST NW 14021 HOLLY ST NW 14025 OLIVE ST NW 14041 CROSSTOWN BLVD NW 14056 ROSE ST NW 14085 RAVEN ST NW 14149 ORCHID ST NW 1415 ANDOVER BLVD NW 1415 ANDOVER BLVD NW 14187 EAGLE ST NW 14191 BLACKFOOT ST NW 14212 BLACKFOOT ST NW 14215 UNDERCLlFT CT NW 14220 CROSSTOWN BLVD NW 14224 BLACKFOOT ST NW 14228 BLACKFOOT ST NW 14276 BLUEBIRD ST NW 14298 WOODBINE ST NW 14315 RAVEN ST NW 14323 RAVEN ST NW 14325 ROUND LAKE BLVD NW 14329 XEON ST NW 14351 CROSSTOWN BLVD NW 14369 CRANE ST NW 14369 CRANE ST NW 14369 CRANE ST NW 14389 HUMMINGBIRD ST NW 14393 HUMMINGBIRD ST NW 14393 OSAGE ST NW 14393 Osage Street NW Amount 1,980.66 0.14 195.14 108.73 17.86 2.41 221.83 416.36 1.44 190.58 169.28 0.12 136.69 274.50 133.92 216.59 0.14 0.75 145.37 99.44 121.77 14.17 86.07 122.67 1.14 85.56 25.52 12.60 434.17 34.68 85.37 167.64 43.51 35.62 155.30 185.91 22.56 22.56 138.93 60.90 81.42 26.55 244.14 17.09 86.13 49.63 120.97 0.59 105.31 112.27 1.76 182.25 o Amount Certified (including 23%) 2,436.21 0.17 240.02 133.74 21.97 2.96 272.85 512.12 1.77 234.41 208.21 0.15 168.13. 337.64 164.72 266.41 0.17 0.92 178.81 122.31 149.78 17.43 105.87 150.88 1.40 105.24 31.39 15.50 534.03 42.66 105.01 206.20 53.52 43.81 191.02 228.67 27.75 27.75 170.88 74.91 100.15 32.66 300.29 21.02 105.94 61.04 148.79 0.73 129.53 138.09 2.16 224.17 CITY OF ANDOVER 2007 Delinquent Utility List (includes aU INACTIVE and ACTIVE accounts 90 days past due) o o Service Address 14396 VALE ST NW 1440 147TH AVE NW 14411 VALE ST NW 14433 HUMMINGBIRD ST NW 14436 JONQUIL ST NW 14436 JONQUIL ST NW 14439 HUMMINGBIRD CT NW 14449 HUMMINGBIRD CT NW 14460 JONQUIL ST NW 14469 JONQUIL ST NW 14474 AZTEC ST NW 14481 JONQUIL ST NW 14495 YUCCA ST NW 14526 ROUND LAKE BLVD NW 14530 BLUEBIRDST NW 14536 ROUND LAKE BLVD NW 14540 DRAKE ST NW 1455 147TH AVE NW 14559 DRAKE ST NW 14589 IBIS ST NW 14620 GROUSE ST NW 14640 GROUSE ST NW 14671 GROUSE ST NW 14690 GROUSE ST NW 14734 EAGLE ST NW 14831 EAGLE ST NW 1485 154TH LN NW 1490 148TH AVE NW 14921 RAVEN ST NW 14971 BLUEBIRD ST NW 1501 158TH LN NW 15069 YELLOWPINE ST NW 15103 THRUSH ST NW 1511154TH AVE NW 15120 AVOCET ST NW 15345 MARTIN ST NW 15399 WREN ST NW 15406 UNITY ST NW 15534 JUNIPER ST NW 15638 XENIA ST NW 15727 XENIA ST NW 15782 SYCAMORE ST NW 15796 YELLOWPINE ST NW 15810 KIOWA ST NW 15810 KIOWA ST NW 15810 Kiowa St NW 15810 VALE ST NW 15921 FOX ST NW 15939 SYCAMORE ST NW 15956 EAGLE ST NW 15964 Vale St NW 15969 VALE ST NW o Amount Amount Certified (including 2~%) 740.35 30.84 2.29 281.20 109.29 38.25 129.83 1.72 93.26 62.24 41.78 577.68 174.64 422.33 767.59 0.95 90.77 437.31 202.79 83.27 118.30 117.82 123.25 145.71 35.03 42.72 1.80 591.45 503.64 252.69 558.92 1,027.57 147.26 539.76 496.61 193.17 0.80 0.80 25.13 0.32 7.70 7.84 373.76 22.21 0.02 224.17 1.77 11.96 34.62 2,100.03 145.71 80.32 601.91 25.07 1.86 228.62 88.85 31.10 105.55 1.40 75.82 50.60 33.97 469.66 141.98 343.36 624.06 0.77 73.80 355.54 164.87 67.70 96.18 95.79 100.20 118.46 28.48 34.73 1.46 480.85 409.46 205.44 454.41 835.42 119.72 438.83 403.75 157.05 0.65 0.65 20.43 0.26 6.26 6.37 303.87 18.06 0.02 182.25 1.44 9.72 28.15 1,707.34 118.46 65.30 CITY OF ANDOVER 2007 Delinquent Utility List (includes all INACTIVE and ACTIVE accounts 90 days past due) o o Service Address 15982 EAGLE ST NW 16032 SWALLOW ST NW 16064 YELLOWPINE ST NW 16425 ROUND LAKE BLVD NW 1645 148TH LN NW 16481 UPLANDER ST NW 17362 XENIA ST NW 17404 WARD LAKE DR NW 1747133RDAVE NW 1815 ANDOVER BLVD NW 1819135TH AVE NW 1845 ANDOVER BLVD NW 1849 135TH AVE NW 1859 135TH AVE NW 1887 134TH AVE NW 1897 155TH AVE NW 1903 134TH LN NW 1926 155TH AVE NW 1932 135TH AVE NW 1947 134TH AVE NW 1952 135TH AVE NW 1952 135TH AVE NW 1975 153RD LN NW 1979 135TH AVE NW 1979 135TH AVE NW 2057 157TH LN NW 2068 142ND AVE NW 2089 151ST LN NW 2101 140TH LN NW 2111140TH LN NW 2111 140TH LN NW 2118 140TH LN NW 2121 140TH LN NW 2128 -140th Lane NW 2128140TH LN NW 2136 137TH LN NW 2151 140TH LN NW 222 ANDOVER BLVD NW 2227 142ND LN NW 2236 142ND LN NW 2239 150TH LN NW 2244 141ST LN NW 2245 142ND LN NW 2255 164TH AVE NW 2263 140TH AVE NW 230 177TH AVE NW 2341 163RD LN NW 2356145TH AVE NW 2361139TH AVE NW 2373135TH AVE NW 2374 163RD LN NW 2422 - 136th Lane NW Amount o 78.02 2.00 1.61 0.09 81.43 35.71 9.29 25.49 6.37 1.92 1.57 151.44 139.80 67.37 607.94 1.41 63.61 199.48 381.20 362.92 184.36 138.69 174.75 1.39 102.79 0.19 284.10 185.08 494.50 379.49 116.17 116.17 494.50 91.13 379.49 215.44 379.49 13.18 169.53 173.82 340.93 0.69 2,279.83 13.51 107.85 0.03 35.71 28.54 237.32 165.32 2.75 91.13 Amount Certified (including 23%) 95.96 2.46 1.98 0.11 100.16 43.92 11.43 31.35 7.84 2.36 1.93 186.27 171.95 82.87 747.77 1.73 78.24 245.36 468.88 446.39 226.76 170.59 214.94 1.71 126.43 0.23 349.44 227.65 608.24 466.77 142.89 142.89 608.24 112.09 466.77 264.99 466.77 16.21 208.52 213.80 419.34 0.85 2,804.19 16.62 132.66 0.04 43.92 35.10 291.90 203.34 3.38 112.09 CITY OF ANDOVER 2007 Delinquent Utility List (includes all INACTIVE and ACTIVE accounts 90 days past due) o o Service Address 2439 135TH AVE NW 2439 138TH AVE NW 2449 136TH LN NW 2449 136TH LN NW 2515 138TH AVE NW 2515138TH AVE NW 2530 140TH AVE NW 2539 -134th Avenue NW 2539134TH AVE NW 2539 134TH AVE NW 2542138TH AVE NW HSE' 2556 138TH AVE NW' HSE 2557138TH AVE NW' HSE 2557138TH AVE NW APT E 2569 168TH LN NW 2621 BUNKER LAKE BLVD NW' HSE 2659 139TH LN NW 2720 138TH AVE NW 2893 141ST AVE NW 2893 141ST AVE NW 2904 142ND LN NW 2909 141ST AVE NW 2955 139TH AVE NW 3126 163RD LN NW 3148 BUNKER LAKE BLVD NW 3160 162ND LN NW 3160 BUNKER LAKE BLVD NW 3160 Bunker Lake Blvd NW 3241 139TH LN NW 3296 139TH AVE NW 3324 S COON CREEK DR NW 3362 170TH LN NW 3362170TH LN NW 3385178TH LN NW 3386 165TH LN NW 3415 173RD LN NW 3419 COON CREEK BLVD NW 3437141ST LN NW 3438 139TH LN NW 3447 134TH AVE NW 3450 153RDAVE NW 3477134TH AVE NW 3511135THAVENW 3521 135TH LN NW 3527 142ND LN NW 3531 136TH AVE NW 3545140TH LN NW 3559 144TH AVE NW 3605143RDAVE NW 3641 174TH AVE NW 3691139TH LN NW 3773138TH LN NW o Amount Amount Certified (including 23%) 74.16 136.99 60.90 60.61 44.33 192.56 1.88 112.09 336.09 344.65 318.90 1.88 443.40 1.14 24.27 425.58 156.53 347.22 76.01 70.57 76.01 74.42 103.39 23.11 212.53 90.90 345.77 168.13 430.56 1,049.77 119.63 19.83 22.20 9.64 42.80 5.55 306.32 111.72 840.61 61.20 21.14 127.18 0.21 1.11 214.09 2.30 184.12 269.74 1.78 0.11 457.45 108.52 60.29 111.37 49.51 49.28 36.04 156.55 1.53 91.13 273.24 280.20 259.27 1.53 360.49 0.93 19.73 346.00 127.26 282.29 61.80 57.37 61.80 60.50 84.06 18.79 172.79 73.90 281.11 136.69 350.05 853.47 97.26 16.12 18.05 7.84 34.80 4.51 249.04 90.83 683.42 49.76 17.19 103.40 0.17 0.90 174.06 1.87 149.69 219.30 1.45 0.09 371.91 88.23 o CITY OF ANDOVER 2007 Delinquent Utility List (includes all INACTIVE and ACTIVE accounts 90 days past due) o Service Address 3774139TH LN NW 3900 139TH LN NW 3919 ENCHANTED DR NW 4075 165TH AVE NW 4122 145TH LN NW 4134153RDAVE NW 4208161ST LN NW 4300 145TH AVE NW 454 ANDOVER BLVD NW 4853 170TH LN NW 510 ANDOVER BLVD NW 5259 - 172nd Avenue NW 5347 -169th Lane NW 5347 - 169th Lane NW 5347 169TH LN NW 732 140TH LN NW 745140TH LN NW 745 141ST LN NW 826 141ST AVE NW 881160TH LN NW 2451 - 154th Avenue NW 14495 Yucca Street NW 904 160TH LN NW 981 140TH LN NW 79.87 62.53 0.75 0.09 421.24 28.37 5.37 3.16 10.01 36.73 26.80 136.69 136.69 227.81 74.67 371.14 0.08 103.44 178.92 28.15 75.00 225.00 160.00 536.77 45,033.47 $ Amount $ Amount Certified (including 23%) 98.24 76.91 0.92 0.11 518.13 34.90 6.61 3.89 12.31 45.18 32.96 168.13 168.13 280.21 91.84 456.50 0.10 127.23 220.07 34.62 92.25 276.75 196.80 660.23 55,391.17 o o o o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public . orks/City Engineer SUBJECT: Hold Public Hearing/Adopt Assessment RoU/07-2/2007 Overlays- Engineering DATE: November 6, 2007 INTRODUCTION The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 07-2, 2007 Overlays in the area of Woodland Ridge, Indian Meadows 3rd Addition & Kelsey Estates. DISCUSSION The 2007 Mill & Overlay project has been completed and the cost for the concrete curb and gutter is being assessed to the benefiting properties in concurrence with the 429 assessment process. The total project cost is $947,783.98, of which $220,890.25 will be assessed to the benefiting properties. The remaining project costs for the 2007 Overlay project are funded from the Road & Bridge Fund ($726,893.73) (see the attached assessment worksheet for details). The estimated feasibility assessment rates and final assessment rates are as follows: . Woodland Ridge (25 units) . Indian Meadows 3rd Addition (13 units) . Kelsey Estates (15 units*) Feasibilitv $4,913.26 $5,213.70 $5,366.98 Actual $3,811.91 $4,852.36 $4,465.13 *One unit is Kelsey Round Lake Park, funded by the Road and Bridge Fund Attached are the following: . Resolution adopting the assessment roll . Example notices and letters sent to property owners . Newspaper publication for public hearing . Location maps . Assessment worksheet Mayor and Council Members November 6,2007 o Page 2 012 BUDGET IMPACT The City's portion of the project (75%) is funded from the Road & Bridge Fund, with the remainder (25%) being assessed to the benefiting properties. ACTION REQUIRED The City Council is requested hold the public hearing and approve the resolution adopting the assessment roll for Project 07-2, 2007 Overlays in the area of Woodland Ridge, Indian Meadows 3rd Addition & Kelsey Estates. Respectfully submitted, David D. Berkowitz ~Q o Attachments: Resolution, Example Notices & Letters Sent to Property Owners, Newspaper Publication for Public Hearing, Location Maps & Assessment worksheet o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT 07-2.2007 OVERLAYS IN THE AREA OF WOODLAND RIDGE. INDIAN MEADOWS 3KD ADDITION & KELSEY ESTATES WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: o 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 years, the first of the installments to be payable on or before the first Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 6th day of November ,2007 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor o Victoria Volk - City Clerk o o o E?< GLtfVl'P \ c:..- N o-\-i c..e... C 1 T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 07-2 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, November 6, 2007 at 8:01 PM to pass upon the proposed assessment for the improvement of street construction in the following described areas: 2007 Overlays Woodland Ridge, Indian Meadows 3ra Addition & Kelsey Estates. The amount to be specially assessed against your particular lot, or parcel of land is $ 3.811.91 . You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. The first of the installments to be payable on or before the 1 st Monday in January 2008 . If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of 8 years and shall bear interest at the rate of 5.5 percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment for all three developments is $220.890.25. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL I I' . () ,1/1 f-/___.A~ ,nP Victoria Volk - City Clerk H:\Engineering\City Projects\Open City Projects\07-02 2007 Overlays\Word Documents\Correspondance\Residents\Assessment Hearing Info\Woodland Ridge assess hearing 07-2.DOC o o o E)(o..VI'\.p\e L~fu"" C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US October 17, 2007 04 32 24 43 0002 Craig Rolstad 2775 -174th Lane NW Andover, MN 55304 Re: 2007 Overlays/Woodland Ridge, Indian Meadows 3rd Addition & Kelsey Estates/ Project 07 -2/Street Construction Dear Mr. Rolstad: Enclosed please find the public hearing notice for the proposed assessment for street construction in the 2007 Overlay project. The public hearing is scheduled for Tuesday, November 6, 2007 at 8:01 p.m. at the Andover City Hall. As you will note, the estimated assessment per lot was $4,913.26 and the actual assessment amount will be $3,811.91 per lot, If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, ~0.~ David D. Berkowitz, P.E. Director of Public Works/City Engineer DDB:rja Encl. H:\Engineering\City Projects\Open City Projecls\07-02 2007 Overlays\Word Documenls\CoITespondance\Residents\Assessment Hearing Info\Woodland Ridge assess hearing 07-2.DOC o o o E)(.~W\p)e N~ce.... C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 07-2 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, November 6, 2007 at 8:01 PM to pass upon the proposed assessment for the improvement of street construction in the following described areas: 2007 Overlaxs Woodland Ridge, Indian Meadows 3r Addition & Kelsey Estates The amount to be specially assessed against your particular lot, or parcel of land is $ 4.852.36 . You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. The first of the installments to be payable on or before the 1 st Monday in January 2008 . If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of 8 years and shall bear interest at the rate of 5.5 percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment for all three developments is $220.890.25. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL tl:z:-:. j 11M Victoria Volk - City Clerk H:\Engineering\City Projects\Open City Projects\07-02 2007 Overlays\Word Documents\Correspondance\Residents\Assessment Hearing Info\lndian Meadows 3 assess hearing 07-2.DOC o o o E)(G>....VY\pk.. Le.... m.v- CfTY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US October 17, 2007 193224130007 Douglas & Denise Stacklie 15354 Guarani Street NW Andover, MN 55304 Re: 2007 Overlays/Woodland Ridge, Indian Meadows 3rd Addition & Kelsey Estates/Project 07 -2/Street Construction Dear Mr. & Mrs. Stacklie: Enclosed please find the public hearing notice for the proposed assessment for street construction in the 2007 Overlay project. The public hearing is scheduled for Tuesday, November 6, 2007 at 8:01 p.m. at the Andover City Hall. As you will note, the estimated assessment per lot was $5,213.70 and the actual assessment amount will be $4,852.36 per lot. If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, ~c;). David D. Berkowitz, P.E. Director of Public Works/City Engineer DDB:rja Encl. H:IEngineeringlCity ProjeclsIOpen City Projects107-02 2007 OverlayslWord DocumentslCorrespondancelResidentslAssessment Hearing Infollndian Meadows 3 assess hearing 07-2.DOC o o o E 'l!. Q..VY\'P \ e., t-lo-\-1'~ e.... 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 07-2 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, November 6, 2007 at 8:01 PM to pass upon the proposed assessment for the improvement of street construction in the following described areas: 2007 Overlays Woodland Ridge, Indian Meadows 3rd Addition & Kelsey Estates The amount to be specially assessed against your particular lot, or parcel of land is $ 4.465.13. You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. The first of the installments to be payable on or before the 1 st Monday in January 2008 . If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of -1L years and shall bear interest at the rate of 5.5 percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment for all three developments is $220,890.25. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL "/ if u,~ U,l/b Victoria Volk - City Clerk H:IEngineeringlCity ProjectslOpen City Projectsl07-02 2007 OveriayslWord DocumentslCorrespondancelResidentslAssessment Hearing InfolKelsey Estates assess hearing 07-2.DOC o o o CJ-r"t/ ()F NDOVE E)(CLVVlP\e. ~ ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US October 17, 2007 193224410011 Anthony Fortuna 15268 Eldorado Street NW Andover, MN 55304 Re: 2007 Overlays/Woodland Ridge, Indian Meadows 3rd Addition & Kelsey Estat s/ Project 07-2/Street Construction Dear Mr. Fortuna: Enclosed please find the public hearing notice for the proposed assessment for street construction in the 2007 Overlay project. The public hearing is scheduled for Tuesday, November 6, 2007 at 8:01 p.m. at the Andover City Hall. As you will note, the estimated assessment per lot was $5,366.98 and the actual assessment amount will be $4,465.13 per lot. If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, C2.~J2CJ.~ David D. Berkowitz, P. E. Director of Public Works/City Engineer DDB:rja Encl. H:\Engineering\City Projects\Open City Projects\07-02 2007 Overlays\Word Documents\Correspondance\Residents\Assessment Hearing Info\Kelsey Estates assess hearing 07-2.DOC o o o C 1 T. Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PUBLIC HEARING FOR PROJECT NO. 07-2 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, November 6, 2007 at 8:01 PM to pass upon the proposed assessment for street construction in the following described areas: 2007 Overlays Woodland Ridge, Indian Meadows 3r Addition & Kelsey Estates The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $95.297.71 Woodland Ridqe (25 Units). $63.080.65 Indian Meadows 3rd Addition (13 Units) & $66.977.02 Kelsev Estates (15 Units). Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL I! -JA- uu.;b",~, L, . Victoria Volk - City Clerk Publication Dates: October 19 & 26,2007 (Anoka Union) H:\Engineering\City Projecls\Open City Projects\07-02 2007 Overlays\Word Documenls\Correspondance\Residents\Assessment Hearing Info\Published Notice 07 -2.DOC Sl\"oo~ City of Andover - Woodland Ridge 17330 Ii S 2&:20 j~,~ '-l-;:r."..:-b:: '. .. . ;'~ . ~., 'OAKS:',' \..::=:.".;~',~._. ' A: . '. ,_ = 17280 17280 17230 ~ Reference Map 17174. 2819 2765 2686 17138 ! .. ~ MAP LEGEND: t!I WATER o PARK o PARCELS Map Scale: 1 IncIl = 500 feet Map Date: 1111.u2006 Data Date: OCTOBER 2006 Saun:es: ANDOVER GlS ANOKA. COUNTY ASSESSOR 9 ..- . 1"- City of Anda.ier - Indian Meadows 3rd Addition I '" It> ~ It> .... 15364 15308 tMP LEGEND: II WATER [] PARK D PARCELS ght 2006- . GIS: 4310 \ en ~ It> .... co Cl> N .... .... Map Scale: 1 inch = feet Map Date: 11/1412006 Data Dale; OCTOBER 2006 Sources: ANOO\/ER GIS ANOKA COUNTY ASSESSOR 9 -- City of Andover - Kelsey Estates III 1ft ..- a ~ '. .'/?fn~,:;'.'! l.~)~ i..f . ...:,;;..;,:.....,.: - . -' . - . . '.1. .~t.:.i:"~~.~.. 4289 ; ;0;; ... o ; co 111 '" ... 4206 ~ ::; ... ... ::; 1ft ..- ::; ... ... ~ '" '" ~ ~ = 4217 MAP LEGEND: iii WATER [J PARK o PARCELS Map Scale: 1 inch = feet Map Dale: 11/1412006 0aIa Dale: ClCTOB5R 2006 Sources: ANDOVER GIS ANOKA COUNTY ASSESSOR e gtlt .. RM=i'$ DsdaImoI: 0 Project Name: 2007 OVERLAYS Project No. : ~, Feasibility Report Date: 12/19/06 Amount: $ 938,614.88 Contract Award Date: April 3, 2007 Amount: $ 826,365.27 Actual Construction Cost Amount: $ 799,198.15 o o FINAL ANDOVER ASSESSMENT WORKSHEET Actual Expenses Engineering (Includes Surveying, Inspection & Staking) : Consulting Costs Aerial Mapping (1 % of street) Drainage Plan (0.3% of street/storm) Administration (3%) Assessing (1%) Bonding (0.5%) Recording Fees / Legal & Easement Advertising Permit and Review Fees Street Signs (Materials and Labor) Material Testing Construction Interest City Costs Total Actual Expenses $ 90,507.45 $ $ $ 2,397.59 $ 23.975.94 $ 7,991.98 $ $ $ 1,164.18 $ 400.00 $ 5,219.57 $ 5,091.00 $ 5,742.92 $ 6,095.20 $ 148,585.83 18.59186% Amount: $ 947,783.98 Expenses Multiplier Total Actual Project Cost Woodland RidCle Assessable Construction Costs $80,357.72 Indirect Expenses $ 14939.99 Total Assessable Costs (25%) $95,297.71 Feasibility Assessment Rate Per Unit $ 4,913.26 Actual Assessment Rate Per Unit $ 95,297.71 / 25 Units= $ 3,811.91 Indian Meadows 3rd Addition Assessable Construction Costs $53,191.38 I ndirect Expenses $ 9.889.27 Total Assessable Costs (25%) $63,080.65 Feasibility Assessment Rate Per Unit $ 5,213.70 Actual Assessment Rate Per Unit $ 63.080.65 /13 Units= $ 4,852.36 Kelsev Estates Assessable Construction Costs $56,476.91 Indirect Expenses $ 10500.11 Total Assessable Costs (25%) $66.977.02 Feasibility Assessment Rate Per Unit $ 5,366.98 Actual Assessment Rate Per Unit $ 66,977.02 /15 Units= $ 4,465.13 '(One unit assessed to the City for Kelsey Round Lake Park) . Total Actual City Costs $726,893.73 Final Assessment Worksheet @ c 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN;US CC: Mayor and Council Members ,~ Jim Dickinson, City Administrator .~ . David D. Berkowitz, Director of Public Works/City Engineer TO: FROM: SUBJECT: Hold Public Hearing/Adopt Assessment RoW05-11/Tulip Street NW - Engineering DATE: November 6, 2007 o INTRODUCTION The City Council is requested to hold a public hearing and approve the resolutions adopting the assessment roll for Project 05-11, Tulip Street NW between 161 sl Avenue NW and Valley Drive NW. DISCUSSION The final improvement costs for Tulip Street NW have been prepared. The assessment roll was received by the City Council on October 2nd. o The construction of Tulip Street NW from 161 sl Avenue NW to Valley View Drive was completed in June of this year. Benefiting properties are to be assessed as identified in the feasibility report that was approved by the City Council on March 8, 2006. The assessments were set at a lump sum for existing parcels and were based on a potential buildable lot for larger parcels that are not currently developed. The residential assessments are $3,000 per lot for parcels less than 2.5 acres and $4,800 for parcels that are greater than 2.5 acres. Larger parcels that have a potential to split into 2.5 acre minimum lots will also be assessed for the potential developable lot at a rate of $4,800 per lot. Attached is the final assessment worksheet for each residential/potential residential parcel. Meadow Creek Christian School shall be assessed for two potential residential lots along Tulip Street and also assessed for intersection improvements to 161s1 Avenue NW and Tulip Street related to the plan construction of the school at the northeast comer of this intersection. It was determined by a traffic impact study conducted by a consulting engineering firm who was hired by Meadow Creek that the school would generate 33.5% of the traffic at this intersection. The intersection costs were separated out and 33.5% of the cost will be assessed to the Meadow Creek Christian School property. The intersection assessment was estimated at $107,969.49 and the actual assessment is $101,136.81. o o o Mayor and Council Members November 6,2007 Page 2 of BUDGET IMP ACT The project is funded by Municipal State Aid funds and property assessments. ACTION REQUIRED The City Council is requested to hold the public hearing and approve the resolutions adopting the assessment roll for Project 05-11, Tulip Street NW between 161 st Avenue NW and Valley Drive NW. Respectfully submitted, ~r;J.~~ David D. Berlwwilz · Attachments: Resolution a~ting assessment rol( Notices sent to property owner( Notices sent to newspaper & Assessment worksheet'/ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR PROJECT 05-11 , TULIP STREET NW BETWEEN 161sT AVENUE NW AND VALLEY DRIVE NW. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: o 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 years, the first of the installments to be payable on or before the first Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this .assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 6th day of November ,2007 ,with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor o Victoria Volk - City Clerk o CIT"r' OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 05-11 o NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, November 6, 2007 at 8:01 PM to pass upon the proposed assessment for street improvements in the following described areas: Tulip Street NW between 161st Avenue NW & Valley Drive NW The amount to be specially assessed against your particular lot, or parcel of land is $4.800.00. You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. The first of the installments to be payable on or before the 1 st Monday in January 2008 . If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of ~ years and shall bear interest at the rate of 5.5 percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $4.800.00. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL !LL~'.., oLt Victoria Volk - City Clerk H:\Engineering\City Projec.ts\Open City Projects\OS.11 Tulip Street NW\Word Documents\COrrespondance\Residents\assess hearing ~ letters 05-11.00C o o o ~NDbVE~ E. ?<e.......pl ~ Lc...-\-=R.v -to ~c:.ve.ro.J t('cSiJe",,+:' 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US October 17,2007 08322431 0005 Mark & Marilyn Foresth 16772 Tulip St. NW Andover, MN 55304 Re: Tulip Street NW between 161 st Avenue NW & Valley Drive NW /City Project 05-11 Dear Mr. & Mrs. Foresth, Enclosed please find the public hearing notice for the proposed assessment for Tulip Street NW between 161st Avenue NW & Valley Drive NW, Project 05-11. The public hearing is scheduled for Tuesday, November 6th at 8:01 p.m. at the Andover City Hall. As you will note, the final assessment amount will be $4,800.00. If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, GJ~Q. David D. Berkowitz, P.E. Director of Public Works/City Engineer DDB:rja Encl. H:\Engineering\City Projects\Open City Projects\05-11 Tulip Street NW\Word Documents\Correspondance\Residents\assess hearing & letters OS-11.00C o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 05-11 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, November 6, 2007 at 8:01 PM to pass upon the proposed assessment for . street improvements in the following described areas: Tulip Street NW between 161st Avenue NW & Valley Drive NW The amount to be specially assessed against your particular lot, or parcel of land is $101.136.81 for the intersection improvements and $9.600.00 for the two proposed 2.5 acre lots (Total Assessment $110.736.81 ). You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. The first of the installments to be payable on or before the 1 st Monday in January 2008 . If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of 8 years and shall bear interest at the rate of ~ percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $101.136.81 for the intersection improvements and $9.600.00 for the two proposed 2.5 acre lots (Total Assessment $110.736.81 ). Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. . An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL 11:~ aa Victoria Volk - City Clerk H:\Engineering\City Projects\Open City Projects\05-11 Tulip Street NW\Word Documents\Correspondance\Resldents\assess hearing & letters 05-11.DOC o o o CITY OF N~')VE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US October 17, 2007 17 3224130003 Meadow Creek Christian School 3037 Bunker Lk. Blvd. NW Andover, MN 55304 Re: Tulip Street NW between 161st Avenue NW & Valley Drive NW/City Project 05-11 To Whom It May Concern: Enclosed please find the public hearing notice for the proposed assessment for Tulip Street NW between 161st Avenue NW & Valley Drive NW, Project 05-11. The public hearing is scheduled for Tuesday, November 6th at 8:01 p.m. at the Andover City Hall. As you will note, the final assessment amount is $110,736.81, which is $101,136.81 for the intersection improvements and $9,600.00 for the two potential 2.5 acre lots. If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, GJ-CCJ.~ David D. Berkowitz, P.E. Director of Public Works/City Engineer DDB:rja Encl. H:\Engineering\City Projects\Open City Projects\05-11 Tulip Street NW\Word Documents\Correspondance\Residents\assess hearing & letters 05-11.DOC o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO.' 05-11 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, November 6, 2007 at 8:01 PM to pass upon the proposed assessment for street improvements in the following described areas: Tulip Street NW between 161st Avenue NW & Valley Drive NW The amount to be specially assessed against your particular lot, or parcel of land is $28.800.00. You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to-the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. The first of the installments to be payable on or before the 1 st Monday in January 2008 . If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of.JL years and shall bear interest at the rate of 5.5 percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $28.800.00. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL {J.,~~ ().,d Victoria Volk - City Clerk H:\Engineering\City Projects\Open City Projects\05-11 Tulip Street NW\Word Documents\Correspondance\Residents\assess hearing & letters 05-11.DOC c o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US October 17, 2007 173224120003 17 32 24120002 083224340001 Robert & Bonnie Dehn 16485 Tulip St. NW Andover, MN 55304 Re: Tulip Street NW between 161st Avenue NW & Valley Drive NW/City Project 05-11 Dear Mr. & Mrs. Dehn, Enclosed please find the public hearing notice for the proposed assessment for Tulip Street NW between 161st Avenue NW & Valley Drive NW, Project 05-11. The public hearing is scheduled forTuesday, November 6th at 8:01 p.m. at the Andover City Hall. The final assessment amount will be as follows: PIN 17 32 24120003 PIN 17 32 2412 0002 PIN 08 32 24 34 0001 TOTAL ASSESSMENT $4,800.00 $4,800.00 $19.200.00 $28,800.00 If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, 0~CJ,- David D. Berkowitz, P.E. Director of Public Works/City Engineer DDB:rja Encl. H:\Engineering\City Projects\Open City Projects\05-11 Tulip Street NW\Word Documents\Correspondance\Residents\assess hearing & letters 05-11.DOC o o o CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755.5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 05-11 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, November 6, 2007 at 8:01 PM to pass upon the proposed assessment for street improvements in the following described areas: Tulip Street NW between 161st Avenue NW & Valley Drive NW The amount to be specially assessed against your particular lot, or parcel of land is $3.000.00. You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. The first of the installments to be payable on or before the 1 st Monday in January 2008 . If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of ~ years and shall bear interest at the rate of 5.5 percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $3.000.00. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. . The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL (Lz;:,~ IJdL Victoria Volk - City Clerk H:\Engineering\City Project5\Open City Projects\05-11 Tulip Street NW\Word Documents\Correspondance\Residents\assess hearing & letters 05-11.DOC o o o E-)(~vVlf \e.- Le... -\-k.... -to sellve..<l.-t ve<.;l"..lp....fs 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US October 17, 2007 173224240007 Charles & Alice Simi 16120 Tulip Street NW Andover, MN 55304 Re: Tulip Street NW between 161st Avenue NW & Valley Drive NW/City Project 05-11 Dear Mr. & Mrs. Simi, Enclosed please find the public hearing notice for the proposed assessment for Tulip Street NW between 161st Avenue NW & Valley Drive NW, Project 05-11. The public hearing is scheduled for Tuesday, November 6th at 8:01 p.m. at the Andover City Hall. As you will note, the final assessment amount will be $3,000.00. If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, GJ~(). David D. Berkowitz, P.E. Director of Public Works/City Engineer DDB:rja Encl. H:\Engineering\City Projects\Open City Projects\05-11 Tulip Street NW\Word Oocuments\Correspondance\Residents\assess hearing & letters 05-11.DOC o o o CIT"{ OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PUBLIC HEARING FOR PROJECT NO. 05-11 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County; Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, November 6, 2007 at 8:01 PM to pass upon the proposed assessment for street improvements in the following described areas: Tulip Street NW between 161st Avenue NW & Valley Drive NW The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $110.736:81 (Meadow Creek Christian School). $28,800.00 (Dehn Property), $3,000.00 (8 Lots) & $4,800.00 (4 lots). Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL ~ !Jb-- Victoria Volk - City Clerk Publication Dates: October 19 & 26, 2007 (Anoka Union) H:\Engineering\City Projects\Open City Projects\05-11 Tulip Slreet NW\Word Documents\Correspondance\Residents\assess hearing & letters 05-11.00C o FINAL ANDOVER ASSESSMENT WORKSHEET - MEADOW CREEK CHRISTIAN SCHOOL c e Project Name: Tulip Street Reconstruction Feasibility Report March 8, 2006 Contract Award August 2, 2006 Final Construction Cost (Final Schedule I) - Total Project Costs Associated with Meadow Creek Christian School Final C nstructlon Costs 161stAvenue East of Tulip (33.5%) 161st Avenue West ofTulip (33.5%) Tulip Street - South of 161st (33.5%) Tulip Street - North of 161st (33.5%) Meadow Creek Turn Lane (100%) Final EXDenses Engineering (Includes Inspection): Consulting Costs Aerial Mapping (1% of street) Drainage Plan (0.3% of street/storm) Administration (3%) Assessing (1%) . Recording Fees I Legal & Easement Advertising Permit and Review Fees Street Signs (Materials and Labor) Material Testing Construction Interest City Costs Total Final Expenses Expenses Multiplier Final Project Cost - Total Project Project No. : 05-11 & 06-20A Amount: $1,245,358.00 Amount: $1,347,877.93 Amount: $1,322,646.43 $10,927.81 $13,713.85 $19,071.57 $33,109.04 $81,478.10 Amount: $158,300.36 Total Proiect $53.623.49 $248.944.87 $9,055.82 $3,954.44 $39,679.39 $13.226.4E! $4,101.00 $897.75 $915.04 $14,577.48 $14,607.75 $11.731.21 $3.308.04 $418,622.75 31.65% $1,741,269.18 Actual Assessments for Meadow Creek Christian School (IncludinG Multiolierl 161st Avenuerrulip Street Intersection (C.P. 05-11) Turn Lanes on 161stAvenue (C.P. 06-20A) Total Actual Assessment for Meadow Creek Christian School $101,136.81 ~* $107.266.23 $208,403.04 . Feasibility ReDort Assessments for Meadow Creek Christian School (Including Multiollerl 161st Avenuerrulip Street Intersection (C.P. 05-11) $107.969.49 Turn Lanes on 161st Avenue (C.P. 06-20A) $134.958.65 Total Feasibility R port Assessment for Meadow Creek Christian School $242,928.14 C FINAL ASSESSMENT WORKSHEET Tulip Street NW Street Improvements City Project 05-11 Andover. Minnesota Name ADDRESS Parcel No. Unit Actual Estimated Assessments Assessments Charles W. & Alice M. Slml 16120 Tulip ST NW , Andover, MN 55304 173224240007 1 $3,000.00 $3.000.00 James H. Jones 16134 Tulip ST NW . Andover. MN 55304 173224240008 1 $3.000.00 $3,000.00 Meadow Creek Chrtstlan School 16127 Tulip ST NW ,AmoYer. MN 55304 173224130003 2 $9,600.00 $9,600.00 (4) Meadow Creek Christian School 16127 Tulip ST NW , Andover, MN 55304 173224130003 $101,136.81 $107,969.49 John H. & C.O. Davidson 16144 TullpST NW ,Andover, MN 55304 173224240009 $3,000.00 $3,000.00 Richard & Sally Smebak 16152 Tulip ST NW , Andover, MN 55304 173224240010 $3,000.00 $3,000.00 Robert & Marlys Ole 16212 Tulip ST NW . Andover, MN 55304 173224240025 $3,000.00 $3.000.00 Jeffrey L. Hanson 16220 Tulip ST NW . Andover, MN 55304 173224240002 $3,000.00 $3.000.00 (3) City of Andover Unassigned Address, Andover, MN 173224240001 Larry W. & Susan M. Small 16228 Tulip ST NW ,Andover, MN 55304 173224240023 $3,000.00 $3,000.00 Patrtck G. & Barbara A. Hanle 16236 Tulip ST NW ,Andover. MN 55304 173224240024 $3,000.00 $3,000.00 Robt J. Jr. & Bonnie Lee Dehn Unassigned Address, Andover. MN 173224210001 (1) Meadow Creek Chrtstlan.School Unassi9ned Address, Andover, MN 173224120007 (1) ~bt J. Jr. & Bonnie Lee Oehn Unassigned Address, Andover, MN 173224120006 (1) Robt J. Jr. & Bonnie Lee Dehn UnassIgned Address. Andover, MN 173224120004 Robt J. Jr. & Bonnie Lee Oehn Unassigned Address. Andover, MN 173224120003 1 $4,800.00 $4,800.00 Robt J. Jr. & Bonnie Lee Oehn 16485 Tulip ST NW , Andover, MN 55304 173224120002 1 $4,800.00 $4,800.00 Robt J. Jr. & Bonnie Lee Oehn Unassigned Address, Andover, MN 083224340001 4 $19,200.00 $19,200.00 e Guy R. &. Eta I Winters 16735 Tulip ST NW , Andover, MN 55304 083224420002 1 $4,800.00 $4.800.00 Steven D. & Sharon Mueller 16738 Tulip ST. NW , Andover, MN 55304 083224310004 1 ~,800.00 $4,800.00 Marl< & Marilyn G. Foresth 16772 Tulip ST NW . Andover. MN 55304 083224310005 1 $4.800.00 $4,800.00 Richard P. & Susan A. Guzik 16781 Tulic ST NW . Andover. MN 55304 083224420016 1 $4.800.00 $4.800:00 TOTAL $182,736.81 $189,569.49 (1) Not assessed due to Flood Plain. (2) $48OOIBuildable Rural Lot (300' frontage & 2.5 acre minimum) (3) Not a'Ssessed - City Park Property (4) Intersection Costs for Tulip Street NW & 161 st Avenue NW Improvements (33.5% of total intersection Improvement cost) EXHIBIT A e @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US CC: Jim Dickinson, City Administrator TO: Mayor and Council Members FROM: David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Hold Public Hearing/Adopt Assessment Roll/06-20AlMeadow Creek Christian School Turn Lane Improvements - Engineering DATE: November 6,2007 o INTRODUCTION The City Council is requested to hold a public hearing and approve the resolutions adopting the assessment roll for Project 06-20A, Meadow Creek Christian School Turn Lane Improvements. DISCUSSION The final improvement costs for Meadow Creek Christian School Turn Lane Improvements have been prepared. The assessment roll was received by the City Council on October 2nd. The assessment to the property has been determined to be $107,266.23, which includes construction and indirect costs. The feasibility report prepared in June 2006 estimated the assessment to Meadow Creek Christian School to be $134,908.65. BUDGET IMPACT The project is funded by Municipal State Aid funds and an assessment to Meadow Creek Christian School. ACTION REQUIRED The City Council is requested to hold the public hearing and approve the resolutions adopting the assessment roll for Project 06-20A, Meadow Creek Christian School Turn Lane Improvements. . Respectfully submitted, Q..d29.~ David D. Berkowitz o ./ .,/ Attachments: Resolution}:dopting assessment roll, Notice sent to property owner, Notices sent to newspaper & Assessment worksheet ./' o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR PROJECT 06-20A, MEADOW CREEK CHRISTIAN SCHOOL TURN LANE IMPROVEMENTS. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed a~sessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: o 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 years, the first of the installments to be payable on or before the first Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reaular meeting this 6th day of November ,2007 ,with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: o Michael R. Gamache - Mayor Victoria Volk - City Clerk o o c CIT) OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 06-20A NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesda~, November 6, 2007 at 8:01 PM to pass upon the proposed assessment for 161 T Avenue NW Turn Lane Improvements in the following described areas: 161st Avenue NW between Round Lake Boulevard NW & Tulip Street NW (Meadow Creek Christian School) The amount to be specially assessed against your particular lot, or parcel of land is $107.266.23. You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. The first of the installments to be payable on or before the 1 st Monday in January 2008 . If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of .JL years and shall bear interest at the rate of 5.5 percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $107.266.23. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL fL:;;;, ,. liLt Victoria Volk - City Clerk H:IEngineennglCity ProjectslOpen City Projectsl06-20A Meadow Creek Christian School Tum LaneslWord DocumentslCorrespondancelassess hearing & letter 06-20A.DOC o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US October 17, 2007 Meadow Creek Christian School 3037 Bunker Lk. Blvd. NW Andover, MN 55304 Re: project 06-20AlMeadow Creek Christian School/161st Avenue NW Turn Lane Improvements To Whom It May Concern: Enclosed please find the public hearing notice for the proposed assessment for Meadow Creek Christian School/161st Avenue NW Turn Lane Imgrovements, Project 06-20A. The public hearing is scheduled for Tuesday, November 6 at 8:01 p.m. at the Andover City Hall. As you will note, the final assessment amount will be $107,266.23. If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, {J~Q. David D. Berkowitz, P.E. Director of Public Works/City Engineer DDB:rja Encl. H:\Engineering\City Projects\Open City Projects\06-20A Meadow Creek Christian School Tum Lanes\Word Documents\Correspondance\assess hearing & letter 06-20A.DOC o o o C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PUBLIC HEARING FOR PROJECT NO. 06-20A NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesda~, November 6, 2007 at 8:01 PM to pass upon the proposed assessment for 161s Avenue NW Turn Lane Improvements in the following described areas: 161stAvenue NW between Round Lake Boulevard NW & Tulip Street NW (Meadow Creek Christian School) The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $107.266.23. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving. notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL (Lk.~ ()~ Victoria Volk - City Clerk Publication Dates: October 19 & 26, 2007 (Anoka Union) H:IEngineeringlCity ProjectslOpen City Projectsl06-20A Meadow Creek Christian School Tum LaneslWord DocumentslCorrespondancelassess hearing & letter 06-20A.DOC o FINAL ANDOVER ASSESSMENT WORKSHEET. MEADOW CREEK CHRISTIAN SCHOOL o e Project Name: Tulip Street Reconstruction Feasibility Report March 8, 2006 Contract Award August 2, 2006 Final Construction Cost (Final Schedule I) - Total Project Costs Associated with Meadow Creek Christian School Final Construction Costs 161st Avenue East of Tulip (33.5%) 161st Avenue West of Tulip (33.5%) Tulip Street - South of'161st (33.5%) Tulip Street - North of 161st (33.5%) Meadow Greek Turn Lane (100%) Final ExDenses Engineering (Includes Inspection): Consulting Costs Aerial Mapping (1% of street) Drainage Plan (0.3% of street/storm) Administration (3%) Assessing (1 %) Recording Fees I Legal & Easement Advertising Permit and Review Fees Street Signs (Materials and Labor) Material Testing Construction Interest City Costs Total Final Expenses Expenses Multiplier Final Project Cost. Total Project Project No.: 05-11 & 06.20A Amount: $1 ,245,358.00 Amount: $1 ,347,877 .93 Amount: $1,322,646.43 $10,927.81 $13,713.85 $19,071.57 $33,109.04 $81,478.10 Amount: $158,300.36 Total Proiect '$53,623.49 $248,944.87 $9,055.82 $3,954.44 $39,679.39 $13,229.46 $4,101.00 $897.75 $915.04 $14,577.48 $14,607.75 $11,731.21 $3,308.04 $418,622.75 31.65% $1,741,269.18 Actual Assessments for Meadow Creek Christian Schoolllncludlna MultlDllerl 161st AvenuelTulip Streetlntersecti.on (C.P. 05-11) Turn Lanes on 161stAvenue (C.P. 06-20A) Total Actual Assessment for Meadow Creek Christian School $101,136.81 $107,266.23 ,* $208,403.04 Feasibility ReDort Assessments for Meadow Creek Christian Schoolllncludina MultlDllerl 161stAvenueITulip Street Intersection (C.P. 05-11) $107,969.49 Turn Lanes on 161stAvenue (C.P. 06-20A) $134,958.65 T tal Feasibility R port Assessment for Meadow Creek Christian School $242,928.14 o o o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: November 6,2007 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on Public Improvement Projects 4. Meeting Reminders 5. Miscellaneous Activities Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for November 6, 2007 City Council Meeting DATE: November 6, 2007 The City Council is requested to receive the following supplemental information: Consent Item Item #13. Approve Conditional Use Permit/Drive Through Business/2121 Station Parkway NW - Planning 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayo, aod Coundlmemb"" ~ CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director wft.. FROM: Chris Vrchota, Associate Planner (JAIl DATE: November 6, 2007 SUBJECT: Approve Conditional Use Permit/Drive Through Business/2l2l Station Parkway NW - Planning INTRODUCTION Based on input from a Council member, a condition regulating the sound level of the speakers at the drive-through teller has been added to the resolution. Attachments Revised Resolution ACTION REOUESTED The City Council is asked to approve the proposed Conditional Use Permit, subject to the conditions of the revised resolution. ~~ C is Vrchota CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF MINNCO CREDIT UNION FOR A DRIVE-THROUGH ON PROPERTY LOCATED AT 2121 STATION P ARKW A Y NW, LEGALLY DESCRIBED AS: Lot 2, Block 1, Andover Marketplace East 2nd Addition, Anoka County, Minnesota WHEREAS, Minnco Credit Union has requested a Conditional Use Permit for a drive-through; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for a drive-through on said property with the following conditions: 1. The Conditional Use Permit shall be contingent upon approval of a Commercial Site Plan. 2. The site shall conform in all ways with the Andover City Code and Andover Station Design Guidelines. 3. The speakers shall be adjusted so that they cannot be heard from any neighboring residential property. 4. The Conditional Use Permit shall be subject to a sunset clause as per section 12-14-6-D ofthe Andover City Code. Adopted by the City Council of the City of Andover on this _day of ,2007. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk