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Home My WebLink AboutCC February 3, 2004 . PETERSON LAW OFFICE, P.A. c!- 3-01 CJt /11~ 360\ MINN~SOTA DRIVE. SUITe 1300 BLOOMINGTON, MINNESOTA S543~ Tel 952. S2,.selS FAX s~.2 - 631-2550 February 3, 2004 VIA U.S. MAIL AND FAX (763-755-8923) Mayor and Council City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 RE: Public Meeting NPDES Proceeding February 3, 2004 Dear Mayor and Council: Our client, Rosella Sonsteby, has requested us to review certain matters relative to the acts of the City of Andover relative to her property. We are unable to attend the meeting tonight. However, we would request consideration of our concerns on behalf of Ms. Sonsteby. The development in the vicinity of her property on 14l't Avenue N. W. has caused problems on her property of which you are aware. The stonn water discharges contemplated both under existing conditions and in light of future proposed development will make Ms. Sonsteby's property increasingly a flood water retention area. We would urge the City to consider undertaking a cumulative impact study of the stoml water discharges contemplated by present and future development. We recognize that there have been some piecemeal hydrologic studies that have been performed in the past. However, we would respectfully suggest that a cumulative impact study has not been made. We urge that such should be done before additional stonn water discharges to Ms. Sonsteby's property are considered. Thank you for your consideration. (':0 391;:1d 38I~~O Ml;:li NOS~313d 0C:;C:;Z;1ESZ;C:;5 50:90 p00Z;/E017.0 . cc: Rosella Sonsteby E0 39\1d ~e lours, ~. "- William G. etmon - Attorney at Law 30I~~O M\1l NOS~313d j;lC:;C:;7.TF:R7.C:;F, ........""".. .......0;.,0.... c.;..1:;"I U....I....I F,j;l:qj;l b~~7/F:~/7~ ..4 to . 381::1d 0SSC:TmC:S6 V~:~~ V~~G ~~ ~~~ 3601 Minnesota Drive Suite 800 Bloomington, MN 55435 Phone (952) 921-5818 Fax (952) 831-2550 Fax To: M6.'1d Ql\d (d.A./lC; ( (" ,'4 ~( d.f fl p1 ddo./..qr Fax: l' Iv "3 --755- 89Z 3 From: Linda Riski-Lundeen Phone: Legal Assistant pages: '5 (includes fax cover) Date: & ! s / () c.f I ICe; Sl1vd-t<- by: 2,H/O'f fc.bl,<- ,1V1.t5' cc: )(Urgent o For Review 0 Ploaae Comment 0 Please Reply 0 Please Recycle . Comments: Please call me at 952-921-5819 if you have trouble receiving this transmission. Thanks. !0 39\1d 30I~~OM\1l NOS~313d 0SSZ:!ESZ:S6 60:90 ~00Z:/E0/Z:0 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US CC: Mayor and Councilmembers John Erar, City Administratmd Will Neumeister, Communi~b~lopment Director /.(/L Andy Cross, Associate PlannerA~ TO: FROM: SUBJECT: January Zoning Ordinance Enforcement Report - Planning DATE: February 3, 2004 REPORT The complaints in January were minimal and were largely in regards to exterior storage and improper parking. Cars are getting parked on lawns, and inoperable cars are getting piled high with snow. Few cases were resolved in January. This is because the bitterly cold temperatures, fierce winds, and deep snows can make cleaning up difficult. Violators are often given a longer time range to resolve their issues than they would be in the Spring or Summer. Zoning Violations January 2004 4 3 2 1 o Commercial vehicle exterior storage Improper parking inoperable vehicle Of the 6 cases handled in January, one was resolved and one was forwarded to the legal department: a resident who has been storing old limousines in his back yard for months. Respectfully submitted, ?t@ "'=t o o N ~ <( ::J Z <( -, I- 0:: o a.. w 0:: I- Z w :!!1: w () 0:: o LL. Z W (!) .Z Z o N ~ ~ 0 rF.l ~ ~ ~ ~ l"'l 'II: ~ rF.l ~ ~ ~ ~ ...:l 0 0 -- -- .... 0 t- ~ N !::::! -- ...... ...... ~ ~ ~ 0 0 ~ -- -- 0 t- rF.l !::::! !::::! .~ ...... ...... .... ~ ~ ~ 'II: ~ 0 0 -S2 ...:l -S2 -- -- ~ \0 ~ t- t- -- ...... !::::! !::::! ...... -- ...... ...... ...... .... ~ ~ ~ 'II: ~ 0 0 0 ~ 0 -- -- -- -- ~ t- t- rF.l \0 ...... !::::! !::::! -- ~ ...... -- ...... ...... ...... ...:l ~ ~ """ ~ 0 0 0 ...:l 0 -- -- -- -- M ...... t- < \0 ...... N N -- U ...... -- -- -- ...... ...... ...... '" '" <) '" ...... '" Z u :E OJ) :E OJ) 0 o:l ~ '" ... '" ;> .... 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JANUARY BUILDING PERMITS PermitlPb.n Tax Total ValuatioD 9 Residential $ 19.478.80 $ 788.50 $ 20,267.30 $ 1,577,000,00 Single Family 5 II ,966.06 455.50 12,421.56 911,000.00 Septic 1 2.813.17 113.50 2,926.67 227,000.00 Townhome 3 4.699.57 219.50 4,919.07 , 439,000.00 1 Additions 1.045.52 24.50 1,070.02 49,000.00 2 Garages 822,19 14.85 837.04 29,700.00 8 RemodelingIFinishing 800.00 4.00 804.00 - 0 Commercial Building - - - - 1 Pole BldgsIBams 206.66 3.00 209.66 6,000,00 0 Sheds I - .. - - - 0 Swinuning PDOIs el". - - - 0 Chimney/StoveIFireplace - - - - 0 StrucluIal Changes - - - - 3 PorcheslDeckslGazeb\Js 301.89 3.65 305.54 7,100.00 . 0 Repair Fire Damage - - - - 2 Re-RooflSiding I 100.00 1.00 101.00 - I Oilier I 38.78 0.50 39.28 500,00 2 Commercial Plumbing 400,62 8.50 409.12 17,000.00 I Connnercial Heating 244.25 7.25 251.50 14,500.00 0 Conunercial Fire Sprinkler - - - - I Conunercial Utilities 414.56 7,50 422,06 15,000,00 0 Commercial Grading - - - - I 31 Total Building Permits $ 23,853.27 $ 863.25 $ 24,716.52 $ 1,715,800.00 \ . PERMITS PermitlPlao Tax Total Fees Collected 31 Building Pennits $ 23,853.27. $ 863.25 $ 24,716.52 0 Ag Building - - - 0 Curb Cut - - - 0 Demolition - - - 0 FDOting - - - 0 Renewal - - - 0 Moving - - - 40 He'a:ting 2,180.00 20.00 2,200.00 25 Gas Fireplaces 1,2SQ:00 1l.50 1,261.50 26 Plumbing 2,935,00 13.09 I 2,948,00 117 Pumping 1,755,00 - 1,755.00 2 Septic New 150.00 1.00 151.00 0 Septic Repair - - . -. 8 Sewer Hook-Up 200.00 - 200.00 8 Water Meter I 400.00 - 400.00 0 Sewer Change OverlRepair - - - 0 Water Change Over - - - 8 Sac Retainage Fee 108.00 - 108.00 8 Sewer Admin. Fee 120.00 - 120.00 9 Certificate of Occupancy 90.00 - 90.00 9 I,.icense Verification Fee 45.00 - 45.00 0 Reinspection Fee - - - 65 Contractor License 3,250.00 - 3,250.00 3 Rental License I 356,25 - 356.25 0 Health Authority - - - , 359 TOTALS $ 36,692.52 $ 908.75 $ 37,601.27 Total Number of Homes YTD 2004 9 Total Number of Homes YTD Z003 6 Total Valuation YTD I I 2004 $ 1,715,800.00 Total Valualion YTD I I Z003 $ 1,366,760.00 Total Building Department Revenue YTD 2004 $ 36,692.52 Total Building Department Revenue YTD Z003 $ 27,350,19 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: John Erar, City Administrator SUBJECT: Supplemental Agenda Items for February 3, 2004 Council Meeting DATE: February 3, 2004 The City Council is requested to review the supplemental material for the following Agenda Items: Accevt Additional Information under Consent Items Item # 5. Approve New Development Contracts/Developer & City Installed Improvements (Supplemental) - Administration Accevt Additional Item under Staff Items Item # 22. Reschedule March 2, 2004 Council Meeting (Supplemental) - Clerk 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 FROM: John Erar, City Administrator SUBJECT: Approve New Development Contracts/Developer & City Installed Improvements - Supplemental DATE: February 3, 2004 INTRODUCTION Late Thursday afternoon, January 29,2004, City staff received correspondence from Woodland Development's legal representatives, Larkin Hoffman, on their comments regarding the City's revised development contract to allow privately installed public infrastructure. This is the same law firm that represented Woodland Development during the recent court trial, and of which the City and Woodland are still awaiting the court's ruling on pending litigation matters. DISCUSSION With respect to the legal correspondence received from Larkin Hoffman on proposed revisions to the City development contracts on behalf of Woodland Development, several of the suggested changes and objections raised by Larkin Hoffman were legal arguments advanced by Woodland Development in their litigation against the City of Andover. Staff has also transmitted a copy of this correspondence to Greene & Espel, our attorneys in this litigation for their response in this matter. City Attorney Bill Hawkins has reviewed Larkin Hoffman comments and is recommending that the development contract as presented on the agenda be adopted by the Council, with direction that staff be allowed to make minor changes as deemed appropriate, in consultation with legal counsel. As mentioned, several objections raised by Larkin Hoffman in their correspondence are legal issues submitted to the Court, and it is inappropriate to address them within the City's proposed development contract at this time. While many of the comments and tone of the objections raised by Larkin Hoffman appear to be overly argumentative and presumptuous in their proposed application, staff will seriously consider these comments in a professional and objective manner consistent with past treatment and handling of Woodland's questions and issues. As a matter of past practice, staff has made administrative changes to past development contracts on the basis of improving procedural requirements, efficiency and cost-effectiveness, without affecting the material substance of the development contract. It would be our intention to review these comments in a similar spirit of cooperation and responsiveness. ACTION REQUIRED As Woodland Development's comments, as submitted by their attorneys, have had only a peripheral review by staff and the City Attorney, and have not been discussed by ARC, it is recommended that Council approve the development contract revisions as presented and allow staff latitude to make minor administrative changes as deemed appropriate, and in consultation with the City Attorney. Any substantive changes or revisions would be brought back to Council. With respect to comments submitted by Larkin Hoffman, on behalf of Woodland Development, staff recommends accepting these comments as advisory in nature, and with appreciation for their interest in the City's development processes. It should be noted that Byron Westlund, Vice President for Woodland Development, did actively participate in the process of revising the City's development process for private installation of public infrastructure and many of his comments and suggestions were incorporated in the final development contract document. Kevin Ross, Greene & Espel Gary Van. Cleve; Larkin Hoffman Byron Westlund, Woodland Development, Inc. Bill Hawkins, City Attorney Larkin Hoffinan Larkin Hoffman Daly & Lindgren Ltd. ] 500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431-1194 952-835-3800 952-896-3333 wvvw.\arkinhoffman.com Mr. David D. Berkowitz City Engineer City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 [ nECbiLO I ~-;9~l ; \ CII~V (Ie f. 'In"', ;:n I i - ~ ~ -' e ' <;, j .! -=-'---!_:.0:.....:~_.:~\.--J January 28,2004 Re: Woodland Development, Inc. Comments on Proposed Revisions to City Development Contract (Developer Installed Urban Improvements) Dear Mr. Berkowitz: As you know this firm represents Woodland Development Corp. ("Woodland"). The proposed revisions to the City of Andover's (the "City's") Development Contract for Developer Installed Urban Improvements (the "Contract") have been forwarded to us by our client for comment. At the outset, we commend the City for undertaking revisions to the Contract. It is particularly noteworthy that the City is changing its policy to allow developers to install urban improvements, something which Woodland has long supported. On the other hand, we do have concerns about the timing of the proposed revisions. The concerns arise out of the currently- pending litigation between Woodland and the City. As I am sure you are aware, we are awaiting ruling on many issues arising out of the City's current Development Contract. It would seem more prudent for the City to wait until we have obtained definitive ruling on these issues before implementing changes. OlJ!" specific comments on the proposed revisions are as fo110'.".'5: Article Two F. (page 3): This is a new provision requiring developers to remove all dead and diseased trees before obtaining any building permits. Woodland objects to this proposed change from the current practice under which the developer escrows an amount to insure the removal of dead and diseased trees and under which building permits may issue and trees are removed over time as the individual lots are improved. Article Two M. (page 4): This is a new provision requiring City approval of mailbox clustering and placement. Woodland objects to this change and again supports maintaining the status quo under which the developer works directly with the United States Post Office on the placement ofmailbo:-.:es. The Post Office is the ultimate authority on such matters and Woodland is not a\\are of any problems that would require the City to intervene in what has been an efficient process to this point. Certified Civil Trial Specialist Minnesota State Bar Association Board Certified Civil Trial Advocate National Board of Trial Advocacy Certified Real Property Specialist Minnesota State Bar Association Mr. David D. Berkowitz January 28,2004 Page 2 Article Two O. (pages 4-5): This provision allows the City to draw on the Irrevocable Letter of Credit under certain circumstances. Woodland requests that additional language be included which would (a) require the City to provide the developer with notice of any intent to draw on the Letter of Credit; (b) provide that the City be required to account for any amount that it proposes to withdraw; (c) state the reasons for the withdrawal; and (d) allow the developer an opportunity to object and be heard. As you are aware, one of the pivotal issues in the currently-pending litigation concerns what Woodland sees as the City's failure properly to account for its drawing upon developer funds and to account for the costs that are proposed to be reimbursed through those draws. Developer's Improvements (Part B) A.3. (p. 6): Woodland requests that this provision concerning City inspection provide that the City will conduct an inspection within 48 hours of notice or request by the developer. Woodland would further recommend that in the event the City is unable or unwilling to inspect within the 48-hour period, the developer may secure an inspection from the Design Engineer to avoid additional delays. Developer's Improvements (Part B) A.5. (pp. 6-7): This provision requires the developer's faithful performance of the terms and conditions ofthe Contract and further reserves to the City the right to draw on the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of the Contract. Once again, Woodland requests that the City include or insert notice, accountability and opportunity to be heard language in this provision (as noted above, with respect to Article Two, 0.). The City should be required to give the developer notice before such a draw. The City should account to the developer for any amount it proposes to draw on the Letter of Credit and the City should provide the developer with a meaningful opportunity to be heard or to object to such a draw. Developer's Improvements (Part B) A.5.a. (page 7): (Reduction of Escrow Guarantee) Woodland asks the City to clarify that the procedure for reducing the escrow will not be required to go through the City Council for approval. Woodland assumes that this is not the case given that the express language states that the amount of the reduction is to be determined and approved by the City Engineer. Woodland advocates a procedure that would not require City Council approval. Developer's Improvements (Part B) A.7. (page 7): (Oversizing Reimbursement.) This provision refers to a fee schedule that is to be attached to the Contract as Exhibit A. We question whether a fee schedule for reimbursement for oversizing utilities is appropriate, given the many variables that may affect a fair and proper amount of reimbursement. We also would request the following additional language in the last sentence of this provision (as indicated by the underlining): "The credit for the costs of the oversizing shall be an amount determined by the Developer and the City Engineer prior to the commencement of construction ofthe Developer Improvements identified in Part B. of Article Two." Developer's Improvements (Part B) B. (page 7): We request clarification on the new two year warranty bond requirement. The provision states that it will be based on the Mr. David D. Berkowitz January 28,2004 Page 3 final construction costs ofthe Developer's hnprovements. We assume that the amount of the bond will be based upon a percentage ofthese costs, and not the full final construction costs. Woodland recommends that the amount of the bond be based upon 10 percent of the final construction costs. Developer's Improvements (Part B) C. (page 7): Woodland opposes this provision that would require the developer to pay the cost associated with the first seal coat of all new streets. This opposition is based upon the many reasons argued in the currently- pending court case. This again underscores Woodland's concern about the timing ofthe City's proposed revisions to the Contract. Woodland submits that the City should not be revising the Contract until after a final ruling by the court on this issue. For the record, Woodland objects to the requirement imposed by the City that the developers pay for the first seal coating for all new streets. The evidence at trial was clear that seal coating is maintenance and not part of the original street improvements. Developer's Improvements (Part B) D. (page 7): This provision concerning standard street signs and the requirement that the City design the layout also ties into one of the significant issues in the currently-pending litigation. Woodland submits that the City should wait for the court to rule before implementing changes in connection with street sign design and installation. Article Four Reimbursement of Costs (page 8): Again, this is another provision is at issue in the currently-pending litigation between Woodland and the City. The City should wait for the court ruling concerning the proper interpretation of this provision before the City proposes to make revisions to the language. In addition, Woodland requests that express language be included in any revision to this Article requiring the City to provide to the developer notice, an accounting and an opportunity to be heard before costs will become due and owing. Moreover, Woodland requests that the City incorporate by reference the dispute-resolving mechanism for fees set out in Minn. Stat. ~ 462.353, which recognizes that ifthere is a dispute concerning a fee that a city proposes to charge, the disputing party has the right to request that the amount of the fee be held in escrow pending resolution pursuant to the procedures set out in Minn. Stat. ~ 462.361. Article Nine Reimbursement of Costs for Defense (page 11): Again, this is another provision that is at issue in the litigation between the City and Woodland. The City should await final determination by the court before proposing revisions to this Contract provision. Woodland submits that this contract language is and always has been less than clear. Woodland advocates substituting for the current language a provision which is common in many contracts that would state as follows: "In the event of any dispute arising out of this contract, the court may award attorneys' fees and costs to the prevailing party." Woodland also suggests that the City consider including an alternative dispute resolution procedure for disputes arising under the Contract. Such procedures may include mandatory mediation followed by binding arbitration in the event that the parties to the Contract are unable to resolve their dispute. Mr. David D. Berkowitz January 28, 2004 Page 4 Article Thirteen Temporary Cul-de-Sacs (page 13): Woodland opposes this provision and believes it simply adds yet another notice requirement to the ever-growing list of notice requirements that developers are subject to giving. The requirement stated in this proposed Article 13 is covered by routine title review at the time individual lots are sold. Such routine title examination will disclose the existence of a temporary cul-de-sac. Requiring the developer to provide separate written notice to a prospective property owner is superfluous for this reason. Thank you for allowing Woodland Development Corporation the opportunity to comment on the proposed revisions to the Contract. If you have any questions do not hesitate to contact the undersigned. Very truly YOfl:: /7.1? ~tl~~ G ~. VanCleve, for Lar in Hoffinan Daly & Lindgren Ltd. cc: Byron Westlund Direct Dial: Direct Fax: Email: 952-896-3277 952-842-1720 gvancleve@larkinhoffman.com 9]6724,] .....'...........................~... ...........}\t.... .N~~..'O..."..F...~.......... .... ,.,":''''''.'~'' . ", DOVE ..... . '. ..~.' , . --' . '-.' ',.' ,..... ,-.-,: . ,',' , _ ." ~"";i _~:i .. . ,-. . -.,c-:- s- . @v 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (793) 755-8923. WWW.CI.ANDOVER,MN.US . ". . ,..~, TO: Mayor and City Council CC: John Erar, City Admini~trato~ FROM: Vicki V olk, City Clerk SUBJECT: Reschedule March 2, 2004 Council Meeting/Supplemental DATE: February 3,2004 INTRODUCTION Precinct caucuses will be held on Tuesday, March 2, 2004 which is a regularly scheduled Council meeting date. DISCUSSION State law prohibits CoUncils from holding meetings after 6:00 pm on precinct caucus night. Dates Council could reschedule to are: Monday, March 1,2004 Wednesday, March 3, 2004 ACTION REOUIRED The City Council is requested to reschedule the March 2, 2004 meeting to one ofthe above dates. Respectfully submitted, /LL..' a.t& Vicki V olk City Clerk o o o CITY OF NDOVE CD 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: John Erar, City Administrator SUBJECT: Representative Chris DeLaForest - Legislative Update DATE: February 3, 2004 INTRODUCTION State Representative Chris DeLaForest will be in attendance at the February 3, 2004 Council meeting to deliver his legislative update. DISCUSSION In late January 2004, Representative DeLaForest transmitted correspondence to the Council regarding the Proposed Vikings Stadium and Northstar Commuter Rail asking for Council member views on these two issues. I have attached another copy of his letter to the Council as he may raise these same questions at the meeting. ACTION REOUIRED For information only. o o o ft ~~ Chris D LaFor st State Representative District 49A Anoka County Minnesota House of Representatives COMMITTEES: VICE-CHAIR, CIVIL LAW; TRANSPORTATION FINANCE; TRANSPORTATION POLICY January 22,2004 !~ ~ V~1~.. vr (;-1 ~/ C\- r- Mayor Mike Gamache Council Member Don Jacobson Council Member Ken Orttel Council Member Mike Knight Council Member Julie Trude Andover City Hall 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Mayor Gamache and Council Members, As I'm sure you know, issues regarding funding for a Vikings' stadium and the Northstar commuter rail project have gained prominent media attention. The purpose of this letter is to briefly explain the proposed taxing mechanisms and receive the Council's opinion. These proposed funding mechanisms could have a significant impact on the taxpayers and the city we represent. Y our response can be in any form you wish. As always, I remain available to answer your questions or concerns on this or any other topic of interest. Proposed Vikings Stadium Many of the details regarding the Vikings stadium proposal are sketchy. Apparently,the County resolution supporting the project calls for a $240 million local funding commitment from Anoka County and the City of Blaine. This commitment would be funded in part by a countywide sales tax. Generally, what is the Council's opinion regarding a general county-wide tax increase to help fund this project? Specifically, what is the Council's opinion regarding a county-wide sales tax to help fund this project? I believe the sales tax proposal is in the neighborhood of % of one percent in addition to the current sales tax rate. Northstar Commuter Rail There have been many changes with respect to this issue oflate, funding being one of them. Today, the estimated cost to build Northstar is pegged at $265 million, with operating costs estimated at about $10 million per year. Under previous proposals, local government was expected topay 10% of the non-federal share of the construction cost ofthe project (the non- federal share ts. 50% of the total cost). Under the Governor's proposal, local government would 14316 Tamarack St N,W., Andover, Minnesota 55304 State Office BuiidinQ, 100 Rev Dr Martin Luther KinQ Jr Blvd, St Paul, Minnesota 55155-1298 FAX: (651) 296-1478 TTY: (651) 296-9896 Emaii: rep,chris.delaforest@house,mn (763) 413-0766 (651) 296-4231 o January 22,2004 Page Two pay 33% of the non-federal share. Although no specifics have been offered, it is almost certain that some type of local tax increase will be offered to help pay, in whole or in part, the increased local funding commitment. Does the Council support a local tax increase of any kind to help pay for the construction cost of commuter rail? On a related issue, the Governor also proposed that local government pay 50% of the state's share of the operating subsidy for Northstar. Under the previous proposal, local government would not pay any operating subsidy for the line. Under the old proposal, fare box revenue would pay for 1/3 of the operating cost while the federal government would pay for another 1/3 of the operating cost through a subsidy while the state would cover the final 1/3 with yet another subsidy. Under the new plan, this "1/3, 1/3, 1/3" scheme would stay the same except that local government would pay 50% of the state's 1/3 obligation, which is 1/6 ofthe total operating cost. I appreciate the Council's attention regarding this issue and look forward to working with you this coming legislative session. o Sincerely, eyB.~~ ~ Representative Chris DeLaForest District 49A CD/rl 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: John Erar, City AdministratJ David D, Berkowitz, City E~ineer:tU>j3 FROM: Todd Haas, Asst. City Engineer/Parks Coordinator SUBJECT: Presentation of Bunker Hills Park Improvements/ Anoka County Parks Department - Engineering DATE: February 3, 2004 \ INTRODUCA TION Representatives from the Anoka County Parks Department will be at the meeting to make a short presentation in regard to the picnic ground redevelopment in Bunker Hills Regional Park. DISCUSSION Attached is a short memo from Anoka County as to the improvements that are anticipated, Note: City staff is currently reviewing the site plan to ensure compliance with City Codes, etc. ACTION REOUESTED No action is necessary. Respectfully submitted, t:Z~ Attachments: Anoka County Memo & Drawing cc: Nick Eoloff, Anoka County Parks Dept. o Bunker Hills Regional Park Picnic Area The Anoka County Parks and Recreation department is in the process of redeveloping the Bunker Hills Regional Park picnic area In this project, we are developing the current picnic areas to include new roads and parking lots, new shelters, restrooms, a playground and recreational sports. The redevelopment area is located to the north-of our new Bunker Beach facility. The redevelopment plan calls for three distinct picnic areas connected by new roadways and a series of new trails. The northern area, located directly south of Bunker Lake, will provide a large shelter (accommodating 150 people). Supporting facilities will include: restrooms, a creative play structure, volleyball court and an open play area The central area contains the main play activity, with a large creative play structure located in the existing open field area Parking will be provided for the play structure and the two new shelters, accommodating 150 to200 people. Visitors to the Veteran's Memorial will park in one of the new parking lots. For those that need assistance, a 12' wide trail directly to the Memorial is to be installed. The southern zone will have a separate parking lot for two new shelters and a restroom that would serve patrons of Bunker Beach. In addition, scattered family picnic site will be located nearby. o This first of two redevelopment phases will.include the roadways, parking lots, connecting trails, main playground and the replacement of the Veteran's Memorial Restroom. Phase IT re<!evelopment will include the picnic shelters, restrooms and support facilities. Please note that the alignment of the new roadways and parking lots will follow the existing layout within the picnic area. Existing bituminous will be reclaimed for this project. o o BUNKER HILLS REGIONAL PARK PICNIC GROUNDS REDEVELOPMENT ..........;;;.;~;.';. ~;,.< .'..'" ;';'..~..': JAke ~::,,'..:,. '<.-';~!"--".._".-:':_,i.;,..":.' ~'''"'--'-'Picl''r ~.......,' 6 I o c New Roads/Parking New Bituminous Trails 1/"1 existing Bituminous Tra11s li-t~~;~twt Existing Road COrridorl ..... Remllled Road .. Playground .i!>elter II, ll.eslnlom 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: John Erar, City Administratort FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: February 3, 2004 INTRODUCTION The following minutes have been provided by TimeSaver for Council approval: January 20, 2004 Regular Meeting January 20, 2004 Executive Session DISCUSSION Copies of the minutes have been e-mailed to Mayor Gamache and Councilmembers Orttel and Jacobson with hard copies provided to Councilmembers Knight and Trude. ACTION REQUIRED . The City Council is requested to approve the minutes listed above. Respectfully submitted, (J;L'IJ~ Vicki V olk City Clerk o CITY OF NDOVE & 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CJ.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator Jim Dickinson, Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: February 3, 2004 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $66,115.87 on disbursement edit lists #1-4 from 01/27/04 thru 02/02/04 have been issued and released. o Claims totaling $186,478.94 on disbursement edit list #5 dated 02/03/04 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. ACTION REOUIRED The Andover City Council is requested to approve total claims in the amount of $252,594.81. Please note that Council Meeting minutes will be used as documented approval. 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H ~o:: """'SS""riI UJ U UJ '" E-< l:ll0:E::E: 0:: ~~ 0 ~ 0 ..:1'-< '" ..:I Z:EH~~E-<..:I 13 ..:I ~ ~ H ~~HO ~><:;: ~ H 0:: OU .0::0::0:: UO ~ l:ll U"" '" U rilO..:l'iiiril""rilE-<ZO:: '" riI riI ~g ~ UJ Z~H~ E-<:;<E-<ZrilU ..:I ~ ~ Z ..:I U riI rilO::>HriI~",,~rilOUJ ..:I U "" ..:I ZN riI 0 OO::l:llE-<"':;:UJ:;:U~riI ~ "" 0 ~ H-..... ~ 0:: ~o ..:I ..:I M ~ 0 E'S ~ ~ riI E'S UJ-..... 13 r-lNOt"'-rl...-tNMN'<:fIM ~ ~ ::> u.-< OON'<:fIOOOOOOO 0 ..:I 0 ~o ~ ~ r-l '<:fI ~ "1l U11.D\D \D r-- r-- co E-< l:ll l:ll l:ll E-< @) 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: John Erar, City Administrato~ FROM: David D. Berkowitz, City Engineer SUBJECT: Approve New Development ContractslDeveloper & City Installed Improvements - Engineering DATE: February 3, 2004 INTRODUCTION This item is in regard to approving the development contracts for Developer & City installed improvements. o DISCUSSION Staff has created a development contract for the new developer installed improvements and revised the current development contract for City installed improvements to meet City requirements. Staff submitted draft copies to developers on January 14th & January 16th for review and written comment by January 23, 2004. No written comments have been received from the developers. The City Attorney has reviewed and approved the development contracts. ACTION REQUESTED The City Council is requested to approve the revised development contract for City Installed Improvements and approve the development contract for Developer Installed Improvements. Respectfully submitted, ~CJ. David D. Berkowitz /' ./ Attachments: Development Contract for City Installed Improvements & Development Contract for Developer Installed Improvements o cc: Mike Quigley, 116 LLC Byron Westlund, Woodland Development Greg Schlink, Bruggeman Homes Dean Hanson, Hanson Builders o o o DEVELOPMENT CONTRACT (City Installed Improvements) Januarv 16, 2004 "Developer". WHEREAS, the Developer has received approval from the City Council for a proposed plat of land within the corporate limits of the City to be known as ; and WHEREAS, the Developer desires final plat approval prior to completion of on-site improvements such as site grading, etc. as required under the Subdivision City Code of the City of Andover and prior to any construction of streets, trails/sidewalks and utility improvements; and WHEREAS, the Developer has requested that the City construct and finance certain improvements to serve the plat; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the plat; and WHEREAS, said City Subdivision City Code and Minnesota Statute 462.358 authorizes the City to enter into a Development Contract secured by cash escrow or irrevocable letter of credit to guarantee completion and payment of such improvements -1- following final approval by the City Council and prior to recording of final plat at Anoka o County; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of o o City installed improvements to the beneftted property. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BElWEEN THE PARTIES HERETO: ARTICLE ONE DESIGNATION OF IMPROVEMENTS Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements". Improvements to be installed by the City and financed through assessment procedures are hereinafter referred to as "City Improvements". ARTICLE TWO DEVELOPER'S IMPROVEMENTS The Developer will construct and install at Developer's expense the following improvements acc6rding to the following terms and conditions: A. The Developer shall do all site grading including the front 100 feet of the lots (unless otherwise determined and approved by the City Engineer), common greenway, parks, trails/sidewalks and open spaces, storm water storage ponds and surface drainage ways including sodding of boulevards, all in accordance with the approved grading, drainage and site plan. Furthermore such grading shall provide for a buildable area on each lot in such size as required by Andover City Code #11. Upon completion of all grading, Developer's engineer shall certify in writing that the plat is graded to the approved plans and that all unbuildable soils are removed within the street right-of-way and within the buildable area identified herein. The yard shall be graded to allow the construction of a driveway. A grading, drainage and erosion control plan with maximum two foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. Also, the Developer agrees prior to commencement of construction to call a pre-construction meeting between the City, Developer and contractors for the site grading. B. The Developer shall control soil erosion insuring: -2- o o 1. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan . as part of the grading and drainage plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. The developer shall also submit a copy of their Storm Water Pollution Prevention Plan (SWPPP) to the City prior to commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at anyone period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area and also seeded, mulched, and disk anchored. The topsoil shall be restored to a depth of at least four (4) inches, and shall be of a quality at least equal to the soil quality prior to development. C. The Developer shall be responsible to maintain the required tree protection during all grading activities until removal is approved by the City"s Natural Resources Technician. Upon issuance of a building permit for a lot, the Developer is responsible to notify the builders and/or individual owners within the development that they assume and are responsible for erosion control, including sodding of boulevards, seeding or sodding of . the front and side yards of all lots, tree protection and protection of water and sewer services. Such notification shall not relieve the Developer of the responsibility for such items as required under this contract. Any violation will be cause for red tagging the site by the City Building Official, or designee, and all inspections will cease until corrected. D. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street/utilities (public and private) and lawn grading has been completed in order to preserve the lot markers for future property owners. E. The Developer shall pay for the installation of all standard street signs at all locations required for the development as determined by the City Engineer. The Developer has the option of installing the signs per City design and installation requirements or the City shall install all such signage and the Developer shall reimburse the City for the o -3- o o o cost thereof by payment in advance to the City of the estimated cost thereof. F. The Developer shall remove and/or treat all dead and diseased trees (as determined by the City's Natural Resources Technician before any building permits will be issued. G. The Developer shall be responsible for street and storm sewer maintenance, including curbs, boulevards, sod, street sweeping and storm sewer cleaning until the 95% of the homes are constructed upon the lots. The City's Natural Resources Technician will conduct site visits to ensure compliance. Staff will contact the Developer in writing and give a timeframe to meet compliance. If this is not met, the City will sweep the streets and invoice the Developer for time spent. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the street becomes impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the developer shall maintain a smooth driving surface and adequate drainage on all temporary streets. Performance shall be guaranteed by the financial guarantee recited herein. H. The Developer shall furnish street lights in accordance with the City's Street Lighting City Code #8. The Developer shall also conform to City Code #8 in all respects. The City shall order the street lights and the Developer shall reimburse Connexus Energy for all such costs. General Requirements: 1. Street lighting shall be owned, installed, operated and maintained by Connexus Energy. City and Connexus Energy shall enter into a contractual agreement on the rate and maintenance of the street lighting system. 2. It shall be the responsibility of the Developer to: a. Advise all lot purchasers of their responsibility for street lighting operating charges. b. Pay for street light charges for all lots owned by the Developer. I. The Developer shall dedicate and survey all storm water holding ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion and acceptance of the development. The Developer grants the City the right to enter upon the property to perform all functions required under this contract and City Codes. Performance shall be guaranteed by the financial guarantee recited herein. Furthermore, the Developer shall dedicate to the City, as part of the final plat, at no cost to the City, all permanent easements necessary for the construction and installation of the City Improvements as determined by the City. All other such as -4- temporary easements required by the City shall be in writing, in recordable form, containing such terms and conditions as determined by the City. o J. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading and prior to the Developer awarding construction contracts for Developer Improvements. K. The Developer shall make provision that all gas, telephone, cable television (if available) and electric utilities shall be installed to serve the development. L. On a corner lot, the front entrance shall face a designated front yard as determined by the City and the assigned address. M. The Developer shall construct a group of mailboxes of a uniform design that is clustered at specific locations approved by the City and coordinated wit~ the United States Post Office. . N. The Developer shall provide a licensed professional engineer or their duly authorized representative to oversee at the Developer's expense the Developer's Improvements identified in Article Two until such improvements are completed and accepted by the City. o O. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements identified in Article Two and hereby guarantees workmanship and materials. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or an Irrevocable Letter of Credit, on the total estimated cost of Developer's Improvements as identified in Article Two. The Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Andover and shall state thereon that the same is issuE;ld to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall automatically be renewed or replaced by not later than thirty (30) days prior to its expiration with a comparable letter. 1. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of the reduction shall be determined and approved by the City Engineer. o -5- Estimated cost of Developer's Improvements for Article Two, the description and o completion dates are as follows: Estimated Description of Improvements Cost 1. Site grading, certification letter and $ as-builts 2. Street lighting $ 3. Lot stakes $ 4. Dead and/or Diseased tree removal $ 5. Erosion control/street $ sweeping/tree protection 6. Sodding of boulevard $ 7. Landscaping improvements $ 8. Other $ Estimated Legal, Engineering & $ Administrative, Indirect Costs (15%) Total Estimate of Part A $ Security Requirement Part A $ (150%) Total $ Date to be Completed On-Going On-Going o ARTICLE THREE CITY INSTALLED IMPROVEMENTS A. In accordance with the policies and City Codes of the City, the following described improvements (hereinafter collectively called the "Improvements"), as referenced in the street/utility plans and specifications that has been prepared by the City and/or the City's Consulting Engineer and adopted by the City Council shall be constructed and installed by the City to serve the Subdivision on the terms and conditions herein set forth: 1. Street grading, graveling and stabilizing, including construction of berms and boulevards (hereinafter called "Street Improvements"); 2. Storm sewers, when determined to be necessary by the City Engineer, including all necessary mains, catch basins, inlets and other appurtenances (hereinafter called "Storm Sewer Improvements"); o 3. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances (hereinafter called "Sanitary Sewer -6- Improvements"); o 4. Watermains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances (hereinafter called 'Watermain Improvements"); 5. Permanent street surfacing, sidewalks/trails (when required) including concrete curb and gutter (hereinafter called "Permanent Street Improvements"). Permanent street surfacing shall include the costs. associated with the first seal coat for the new streets. Cost shall be adjusted annually by City Code Fee Schedule. 6. Standard street name signs at all newly opened intersections (hereinafter called "Traffic Signing Improvements"). The City shall design the street sign layout. 7. a. Construction Procedures. All such improvements set out in Paragraph A.1-6 above shall be instituted, constructed and financed as follows: The City shall commence proceedings pursuant to Minnesota Statute 429 providing that such improvements be made and assessed against the benefited properties. After preparation of preliminary plans and estimates by the City Engineer, an improvement hearing, if required by law, will be called by the City Council for the purpose of ordering such improvements. After preparation of the final plans and specifications by the City Engineer, bids will be taken by the City and contract awarded for the installation of improvements under the City's complete supervision. o b. Security. Lew of Special Assessments and Required . Pavment Therefor. Prior to the awarding of the bid by the City Council of said improvements, the Developer shall provide to the City ac:ash escrow or irrevocable letter of credit in an amount equal to one hundred five percent (105%) of the total estimated cost of said improvements per the approved feasibility report or as established by the City Engineer. SECURITY REQUIREMENT (105%): $ Said cash escrow, including accrued interest thereon, or letter of credit, may be used by the City upon default by Developer in the payment of special assessments pursuant hereto, whether accelerated or otherwise. That such cash escrow or letter of credit shall remain in full force and effect throughout the term of the special assessments, except, the amount of such escrow or letter of credit may be reduced, upon the request of the Developer in writing, at the City's option, but in no event shall be less than the total of the outstanding special assessments against all properties within the Subdivision. The entire cost of the installation of such improvements, including any reasonable engineering, legal and administrative costs o -7- o incurred by the City, shall be assessed against the benefited properties within the Subdivision in eight (8) equal annual installments with interest on the unpaid installments at a rate not to exceed the maximum allowed by law. All special assessments levied hereto shall be payable to the City Clerk in semi-annual installments commencing on April 15 of the year after the levy of such assessment and on each September 15 and April 15 thereafter until the entire balance plus accrued interest is paid in full unless paid earlier pursuant to Paragraph A.7.c herein. In the event any payment is not made on the dates set out herein, the City may exercise its rights pursuant to Paragraph A.7.d hereof. The Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. In the event the total of all City Installed Improvements is less than originally estimated by the City Engineer in his feasibility report, Developer waives all rights they have by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of amounts, or the procedure used by the City in levying the assessments and hereby releases the City, its officers, agents, and employees from any and all liability related to or arising out of the levy of the assessments. o c. Required Payments of Special Assessments bv Developer. Developer, its heirs, successors or assigns hereby agrees that within thirty (30) days after the issuance of a certificate of occupancy for a residence on a lot located within the Subdivision which is assessed for the cost of such improvements, the Developer, its heirs, successors or assigns, agrees, at its own cost and expense, to pay the entire unpaid improvement costs assessed or to be assessed under this agreement against such property. . If lOt certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to the Engineer's estimate of the special assessments for such improvements that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. d. Acceleration Upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein contained to be performed by the Developer, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat, or fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City, at its option, in addition to its rights o -8- o and remedies hereunder, after ten (10) days' written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided in Paragraph A.7.b hereof. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to M.S. 429.061, Subd. 3 for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. Also, if Developer violates any term or condition of this agreement, or if any payment is not made by Developer. pursuant to this agreement the City, at its option, may refuse to issue building permits to any of the property within the plat on which the assessments have not been paid. ARTICLE FOUR RECORDING AND RELEASE The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that o the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded r . against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in Article Three, Section A.7.c. ARTICLE FIVE REIMBURSEMENT OF COSTS The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited, to the actual costs of preparation of the plans and specifications for said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of necessary easements, if any, and any other costs incurred by the .City relating to this Development Contract and the installation of the aforementioned improvements. o -9- o Furthermore, the Developer agrees to deposit with the City such sums as required by the City. The amounts of such deposits shall be shown in Exhibit A (Fee Schedule) attached hereto and made a part hereof and adopted by City Code. Said amount shall bear no interest and the City shall have the right to pay all fees and expenses and costs which are the obligations of the Developer under this contract from the aforementioned escrow deposit. Any monies remaining after the payment of said fees and costs shall be returned to the Developer. ARTICLE SIX BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY Where a platted street intersects an existing publicly maintained road, the City Building Official will only issue building permits on lots that are within 150 feet of a hard surfaced roadway. In the event lots are more than 150 feet from a hard surfaced roadway~ the Developer shall construct a service road to provide access to these lots as required by the City. The Developer shall submit a plan to the City for approval identifying the location . of the proposed access roads and the lots being requested for building permits. Building permits can be requested for the remaining lots within the development after the first lift of o the asphalt has been installed on the street. The City shall require that a "Hold Harmless Agreement" be provided by the Builder if the drainage improvements serving the development (i.e. ponds, outlet structures, and overflow pipes) are not completed prior to a building permit being issued. No certificate of occupancy will be issued on any lot that abuts a pond unless the pond infrastructure is completed according to the City approved plan. No Certificate of Occupancy permit shall be issued for any house in the plat until the following have been completed: A. An as-built plan of the development and a letter from the Developer's engineer certifying the plat has been graded according to the grading, drainage and erosion control plan as approved by the City. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued. o B. Removal/treatment of all dead, dying or diseased trees, as determined by City's Natural Resources Technician, from the property at the owner's expense or escrow for any remaining trees that will need to be removed. Stockpiling the dead trees on the lot for resident's removal for firewood will be acceptable only -10- after the lot has been graded to plan. o C. The first lift of street asphalt surface, sanitary sewer, storm sewer and water main, has been constructed, considered operational, and approved by the City Engineer. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being requested to allow adequate time for an inspection to be completed of all the required improvements.. The Developer further agrees that they will not cause to be occupied, any premises constructed upon the plat or any property within the plat until the completion of the gas, electric, telephone, cable television (if available), streets to asphalt surface, sanitary sewer, storm sewer and water main, unless the City has agreed in writing to waive this requirement as to a specific premises. Seeding and sodding of the lot shall be completed as specified by City Code #9, Chapter 10. In the event a lot is not seeded or sodded and does not have the 4 inches of black/organic dirt spread prior to issuance of a Certificate of Occupancy, the builder shall post a $2,500 cash escrow to assure that the lot will have black dirt and a lawn established within six months. Escrowing prior to issuance of the Certificate of Occupancy shall also be required for all other incomplete items. o The City Building Official will issue a stop work order for any violations relating to silt fencing, erosion control and tree protection. ARTICLE SEVEN CLEANUP Developer shall promptly clean dirt and debris from streets that has resulted from construction by the Developer, its agents or assigns. Performance shall be guaranteed by the financial guarantee recited herein. The City reserves the right to perform such work as necessary and will invoice all costs to the Developer if not completed within the timeframe set by the Natural Resources Technician in a written notice. The Developer shall be responsible for rubbish and/or construction debris blown off the building site or the development. ARTICLE EIGHT OWNERSHIP OF IMPROVEMENTS Upon completion of the work and construction required by this contract and o -11- o acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. ARTICLE NINE INSURANCE Developer and/or all its subcontractors shall take out and maintain during and until one (1) year after the City has accepted Developer Improvements identified in Article Two, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than Two Hundred Thousand and no/100 ($200,000.00) Dollars for each OCCUFrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to any construction by the o Developer's contractor. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. ARTICLE TEN REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and . reasonable engineering and attorneys' fees. ARTICLE ELEVEN VALIDITY If any portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. o -12- o A. ARTICLE TWELVE GENERAL Bindinq Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (retum receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approved. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and of all required petitions and security. D. Incorporation bv Reference. All plans, special prOVISIons, proposals, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. o E. Assiqnment and Third Party Benefits. This development contract cannot be assigned or transferred without the written consent of the City. There is no intent to benefit any third parties and third parties shall have no recourse against the City under this contract. F. Clerical Revisions. In the event that any technical or clerical revisions are needed in this document or if for any reason the County Recorder deems the development contract un-recordable, the Developer shall cooperate with the City in the execution or amendment of any revised development contract. ARTICLE THIRTEEN REMEDIES FOR VIOLATIONS OF CONTRACT In the event the Developer, builder, or any subcontractor violates any of the covenants and agreements contained in this Development Contract and that may be performed by the Developer, builder, or subcontractor, the City, at its option, in addition to the rights and remedies as set out hereunder, may refuse to issue building permits to any o -13- o o o property within the plat until such time as such default has been inspected and corrected to the satisfaction of the City. Furthermore, in the event of default by the Developer as to any of the work performed by it hereunder, the City may at its option, perform the work of the Developer and the Developer shall promptly reimburse the City for any expense incurred by the City within thirty (30) days. Failure to do so shall result in the City withholding the letter of credit. If the plat is a phase of a multi-phase preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this contract and the breach has not been remedied. ARTICLE FOURTEEN TEMPORARY CUL-DE-SACS The Developer agrees to provide written notice to all property owners that front on streets that may have temporary cul-de-sacs within the plat that such cul-de-sac is temporary and that the road may be opened for traffic to contiguous properties in the future. Developer further agrees to provide notice of temporary cul-de-sac in the deed conveying the property to the purchaser. Copies of such notices shall be provided to the City. CITY OF ANDOVER DEVELOPER By By Mayor . By ATTEST: By City Clerk -14- o o o STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this day of , 2004, 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 Clerk of the City of Andover, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this and . for said day of County, , 2004, before me, a Notary Public within personally appeared and , to me known to be the and of (Developer) , 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: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 Revised 1/5/04 -15- DEVELOPMENT CONTRACT o (Developer Installed Urban Improvements) January 16. 2004 THIS AGREEMENT made this day of , 2004, 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 , a whose address is Minnesota, hereinafter referred to as the "Developer". o WHEREAS, the Developer has received approval from the City Council for a proposed plat of land within the corporate limits of the City to be known as ; and WHEREAS, the Developer desires final plat approval prior to completion of on-site improvements such as site grading, etc. as required under the Subdivision City Code of the City of Andover and prior to any construction of streets, trails/sidewalks and utility improvements; and WHEREAS, said Subdivision City Code and Minnesota Statutes 462.358 authorizes the City to enter into a Development Contract secured by a cash escrow or irrevocable letter of credit to guarantee completion of all such improvements following final approval by the City Council and prior to the recording of the final plat at Anoka County. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BElWEEN THE PARTIES HERETO that the Developer will provide all labor and materials to construct the improvements described below within o the plat of according to the approved plans and specifications for -1- streets, trails/sidewalks, utilities, etc. by the City of Andover and for site grading, etc. as o determined by the Developer's engineering consultant. ARTICLE ONE DESIGNATION OF IMPROVEMENTS Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer's' Improvements". o ARTICLE TWO DEVELOPER'S IMPROVEMENTS (PART A) The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: A. The Developer shall do all site grading including the front 1 00 feet of the lots (unless otherwise determined and approved by the City Engineer), common greenway, parks, trails/sidewalks and open spaces, storm water storage ponds and surface drainage ways including sodding of boulevards, all in accordance with the approved grading, drainage and site plan. Furthermore such grading shall provide for a buildable area on each lot in such size as required by Andover City Code #11. Upon completion of all grading, Developer's engineer shall certify in writing that the plat is graded to the approved plans and that all unbuildable soils are removed within the street right-of-way and within the buildable area identified herein. The yard shall be graded to allow the construction of a driveway. A grading, drainage and erosion control plan with maximum two foot contours and cross sections as necessary shall be submitted and approved by the' City prior to commencement of any site grading. Also, the Developer agrees prior to commencement of construction to call a pre-construction meeting between the City, Developer and contractors for the site grading. B. The Developer shall control soil erosion insuring: 1. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan as part of the grading and drainage plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. The developer shall also submit a copy of their Storm Water Pollution Prevention Plan (SWPPP) to the City prior to commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. o -2- 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at anyone period of time. o 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area and also seeded, mulched, and disk anchored. The topsoil shall be restored to a depth of at least four (4) inches, and shall be of a quality at least equal to the soil quality prior to development. C. The Developer shall be responsible to maintain the required tree protection during all grading activities until removal is approved by the City's Natural Resources Technician. Upon issuance of a building permit for a lot, the Developer is responsible to notify the builders and/or individual owners within the development that they assume and are responsible for erosion control, including sodding of boulevards, seeding or sodding of the front and side yards of all lots, tree protection and protection of water and sewer services. Such notification shall not relieve the Developer of the responsibility for such items as required under this contract. Any violation will be cause for red tagging the site by the City Building Official, or designee, and all inspections will cease until corrected. o D. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street/utilities (public and private) and lawn grading has been completed in order to preserve the lot markers for future property owners. E. The Developer shall pay for the installation of all standard street signs at all locations required for the development as determined by the City Engineer. The Developer has the option of installing the signs per City design and installation requirements or the . City shall install all such signage and the Developer shall reimburse the City for the cost thereof by payment in advance to the City of the estimated cost thereof. F. The Developer shall remove and/or treat all dead and diseased trees (as determined by the City's Natural Resources Technician before any building permits will be issued. o G. The Developer shall be responsible for street and storm sewer maintenance, including curbs, boulevards, sod, street sweeping and storm sewer cleaning until the 95% of the homes are constructed upon the lots. The City's Natural Resources Technician will conduct site visits to ensure compliance. Staff will contact the Developer in writing and give a timeframe to meet compliance. If this is not met, the City will sweep the streets and invoice the Developer for time spent. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the street becomes impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the developer shall maintain a smooth driving surface and adequate drainage' on all temporary streets. Performance shall be guaranteed by the financial guarantee -3- o o recited herein. H. The Developer shall furnish street lights in accordance with the City's Street Lighting City Code #8. The Developer shall also conform to City Code #8 in all respects. The City shall order the street lights and the Developer shall reimburse Connexus Energy for all such costs. General Requirements: 1. Street lighting shall be owned, installed, operated and maintained by Connexus Energy. City and Connexus Energy shall enter into a contractual agreement on the rate and maintenance of the street lighting system. 2. It shall be the responsibility of the Developer to: a. Advise all lot purchasers of their responsibility for street lighting operating charges. b. Pay for street light charges for all lots owned by the Developer. I. The Developer shall dedicate and survey all storm water holding ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion and acceptance of the development. The Developer grants the City the right to enter upon the property to perform all functions required under this contract and City Codes. Performance shall be guaranteed by the financial guarantee recited herein. J. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading and prior to the Developer awarding construction contracts for Developer Improvements. K. The Developer shall make provision that all gas, telephone, cable television (if available) and electric utilities shall be installed to serve the development. L. On a corner lot, the front entrance shall face a designated front yard as determined by the City and the assigned address. M. The Developer shall construct a group of mailboxes of a uniform design that is clustered at specific locations approved by the City and coordinated with the United States Post Office. N. The Developer shall provide a licensed professional engineer or their duly authorized representative to oversee at the Developer's expense the Developer's Improvements identified in Part A of Article Two until such improvements are completed and accepted by the City. o O. The Developer will fully and faithfully comply with all terms and conditions of any and -4- o all contracts entered into by the Developer for the installation and construction of all Developer's Improvements identified in Part A of Article Two and hereby guarantees workmanship and materials. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or an Irrevocable Letter of Credit, on the total estimated cost of Developer's Improvements as identified in Part A of Article Two. The Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Andover and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with. the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall automatically be renewed or replaced by not later than thirty (30) days prior to its expiration with a comparable letter. 1. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of the reduction shall be determined and approved by the City Engineer. Estimated cost of Developer's Improvements for Parts A, the description and completion dates are as follows: 0 Estimated Description of Improvements Cost Part A 1. Site grading, certification letter and $ as-builts 2. Street lighting $ 3. Lot stakes $ 4. Dead and/or Diseased tree removal $ 5. Erosion control/street $ sweeping/tree protection 6. Sodding of boulevard $ 7. Landscaping improvements $ 8. Other $ Estimated Legal, Engineering & $ Administrative, Indirect Costs (15%) Total Estimate of Part A $ Security Requirement Part A $ (150%) Total Part A $ 0 -5- Date to be Completed On-Going On-Going DEVELOPER'S IMPROVEMENTS (PART B) The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: A. Construction of City Maintained Improvements o o o 1. The Developer shall install all streets, trails/sidewalks and utilities (sanitary Sewer, watermain and storm sewer) in accordance with the approved street/utility plan and specifications that has been prepared by the City and/or the City's consulting engineer. Also, the Developer agrees prior to commencement of construction to call a pre-construction meeting between the City, Developer and contractors for the street and utility construction. Developer further agrees to coordinate its contractors' activities with the City for inspections. If improvements are installed without required City inspections, the City shall require that such improvements be removed and reconstructed. City inspector shall be notified at least 48 hours prior to any and/or all construction activity. 2. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the cOmmencement of streets, trails/sidewalks, utilities, etc. and prior to the Developer awarding construction contracts. 3. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. 4. Easements. The Developer shall dedicate to the City, as part of the final plat, at no cost to the City, all permanent easements necessary for the construction and installation of the Developer's Improvements as determined by the City. All other such as temporary easements required by the City shall be in writing, in recordable form, containing such terms and conditions as determined by the City. 5. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements identified in Part B of Article Two and hereby guarantees the workmanship and materials for a period of two years following the City's final acceptance. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or an Irrevocable Letter of Credit, on the total estimated cost of Developer's Improvements as indicated in Part B of Article Two. The Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Andover and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and -6- o o o construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall automatically be renewed or replaced by not later than thirty (30) days prior to its expiration with a comparable letter. a. Reduction of Escrow Guarantee. The Developer may request reduction of the Irrevocable Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of the reduction shall be determined and approved by the City Engineer. 6. The City shall review and approve all contractor payments prior to release to the Developer's Contractor. 7. Oversizinq Reimbursement. In the event that Developer is required to construct any sanitary sewer, storm sewer, watermain improvements or trail improvements that will benefit properties beyond the boundary of the Developer's plat, the Developer shall be credited for such excess costs against the charges required to be paid pursuant to Part B of Article Two. Exhibit A (Fee Schedule) is attached hereto that may be used to determine the credit of such excess costs. The credit for the costs of the oversizing shall be an amount determined by the City Engineer prior to the commencement of construction of the Developer Improvements identified in Part B of Article Two. B. Upon written final acceptance of the City maintained improvements lying within the public easements or right-of-way, a two year warranty bond shall be provided to the City by the Developer based on the final construction costs for Developer's Improvements identified in Part B of Article Two unless otherwise directed by the City Engineer. C. The Developer shall be required to pay the costs associated with the first seal coat for all new streets as a part of the improvement costs for this development. The cost will be adjusted annually by City Code fee schedule. D. Standard street signs at all locations required for the development (hereinafter called "Traffic Signing Improvements"). The City shall design the street sign layout. Estimated cost of Developer's Improvements for Parts B, the description and completion dates are as follows: -7- o Description of Improvements Estimated Cost Date to be Completed Part B 1. Sanitary sewer, watermain, streets, $ storm sewer, etc. (Based on Developer's estimated construction cost) 2. Trails/Sidewalks $ Estimated Legal, Engineering & $ Administrative, Indirect costs (15%) Total Estimate of Part B $ Security Requirement Part B (105%) $ Total Part B $ Note: Furthermore, Developer shall be responsible for all of the development costs and fees shown on Exhibit A (Fee Schedule), attached hereto and made a part hereof and adopted by City Code. Fees such as sanitary sewer connection and area charges, water main area and connection charges and lift station charges and other charges as determined by the City Engineer shall be paid before street and utility construction is allowed to begin. o ARTICLE THREE RECORDING AND RELEASE The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. ARTICLE FOUR REIMBURSEMENT OF COSTS The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited, to the actual costs of preparation of the plans and specifications for said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation of the aforementioned improvements. o Furthermore, the Developer agrees to deposit with the City such sums as -8- o required by the City. The amounts of such deposits shall be as shown in Exhibit A (Fee Schedule) attached hereto and made a part hereof and adopted by City Code. Said amount shall bear no interest and the City shall have the right to pay all fees and expenses and costs which are the obligations of the Developer under this contract from the aforementioned escrow deposit. Any monies remaining after the payment of said fees and costs shall be returned to the Developer. ARTICLE FIVE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY Where a platted street intersects an existing publicly maintained road, the City Building Official will only issue building permits on lots within 150 feet of a hard surfaced roadway. In the event lots are more than 150 feet from a hard surfaced roadway, the Developer shall construct a service road to provide access to these lots as required by the City. The Developer shall submit a plan to the City for approval identifying the location of the proposed access roads and the lots being requested for building permits. Building permits can be requested for the remaining lots within the development after the first lift of the asphalt has been installed on the street. The City shall require that a "Hold Harmless o Agreement" be provided by the Builder if the drainage improvements serving the development (i.e. ponds, outlet structures, and overflow pipes) are not completed prior to a building permit being issued. No certificate of occupancy will be issued on any lot that abuts a pond unless the pond infrastructure is completed according to the City approved plan. No Certificate of Occupancy permit shall be issued for any house in the plat until the following have been completed: A. An as-built plan of the development and a letter from the Developer's engineer certifying the plat has been graded according to the grading, drainage and erosion control plan as approved by the City. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued. B. Removal or treatment of all dead, dying or diseased trees, as determined by the City's Natural Resources Technician, from the property at the owner's expense or escrow for any remaining trees that will need to be removed. Stockpiling the dead trees on the lot for resident's removal for firewood will be acceptable only after the lot has been graded to plan. o C. The first lift of street asphalt surface, sanitary sewer, storm sewer and water -9- o has been constructed, considered operational, and approved by the City Engineer. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being requested to allow adequate time for an inspection to be completed of all the required improvements. o The Developer further agrees that they will not c?\use to be occupied, any premises constructed upon the plat or any property within the plat until the completion of the gas, electric, telephone, cable television (if available), streets to asphalt surface, sanitary sewer, storm sewer, water, unless the City has agreed in writing to waive this requirement as to a specific premises. Seeding and sodding of the lot shall be completed as specified by City Code #9, Chapter 10. In the event a lot is not seeded or sodded and does not have the 4 inches of black/organic dirt spread prior to issuance of a Certificate of Occupancy, the builder shall post a $2,500 cash escrow to assure that the lot will have black dirt and a lawn established within six months. Escrowing prior to issuance of the Certificate of Occupancy shall also be required for all other incomplete items. The City Building Official will issue a stop work order for any violations relating to silt fencing, erosion control or tree protection. ARTICLE SIX CLEANUP Developer shall promptly clean dirt and debris from streets that has resulted from construction by the Developer, its agents or assigns. Performance shall be guaranteed by the financial guarantee recited herein. City reserves the right to perform such work as necessary and will invoice all costs to Developer if not completed within the timeframe set by the Natural Resources Technician in a written notice. The Developer shall be responsible for rubbish and/or construction debris blown off the building site or the development. o ARTICLE SEVEN OWNERSHIP OF IMPROVEMENTS Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public right-of-way or easements shall become City property without further notice or action. -10- o The Developer shall schedule City inspections through the Engineering Department a minimum of forty-eight (48) hours prior to constructing City maintained improvements within the public right-of-way or easements. Prior to acceptance by the City of the City maintained improvements lying within the public right-of-way or easements, the Developer shall provide evidence by sworn construction statement that all contractors who may be entitled to file mechanics liens have been paid. ARTICLE EIGHT INSURANCE Developer and/or all its subcontractors shall take out and maintain during and until one (1) year after the City has accepted the Developer's Improvements identified in Part A of Article Two, and two (2) years after the City has accepted the improvements (streets, trails/sidewalks & utilities) that were installed by the Developer identified in Part B of Article Two lying within the public right-of-way or easements for public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or o by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than Two Hundred Thousand and no/100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to any construction by the Developer's contractor. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. o ARTICLE NINE REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and -,,- o o o reasonable engineering and attorneys' fees. ARTICLE TEN VALIDITY If any portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. ARTICLE ELEVEN GENERAL A. Bindina Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approved. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and of all required petitions and security. D. IncorPoraticmbv Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. E. Assianment . and Third Party Benefits. This development contract cannot be assigned or transferred without the written consent of the City. There is no intent to benefit any third parties and third parties shall have no recourse against the City under this contract. F. Clerical Revisions. In the event that any technical or clerical revisions are needed in this document or if for any reason the County Recorder deems the development contract un-recordable, the Developer shall cooperate with the City in the execution or amendment of any revised development contract. -12- ARTICLE TWELVE REMEDIES FOR VIOLATIONS OF CONTRACT o In the event the Developer, builder, or any subcontractor violates any of the covenants and agreements contained in this Development Contract and that may be performed by the Developer, builder, or subcontractor, the City, at its option, in addition to the rights and remedies as set out hereunder, may refuse to issue building permits to any property within the plat until such time as such default has been inspected and corrected to the satisfaction of the City. Furthermore, in the event of default by the Developer as to any of the work performed by it hereunder, the City may at its option, perform the work of the Developer and the Developer shall promptly reimburse the City for any expense incurred by the City within thirty (30) days. Failure to do so shall result in the City withholding the letter of credit. If the plat is a phase of a multi-phase preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this contract and the breach has not been remedied. o ARTICLE THIRTEEN TEMPORARY CUL-DE-SACS The Deyeloper agrees to provide written notice to all property owners that front on streets that may have temporary cul-de-sacs within the plat that such cul-de-sac is temporary and that the road may be opened for traffic to contiguous properties in the future. Developer further agrees to provide notice of temporary cul-de-sac in the deed conveying the property to the purchaser. Copies of such notices shall be provided to the City. CITY OF ANDOVER DEVELOPER By By Mayor By ATTEST: By City Clerk o -13- STATE OF MINNESOTA ) ) SS. o COUNTY OF ANOKA ) On this day of ,.2004, 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. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this day of within and for said County, personally appeared , to me known to be the of , 2004, before me, a Notary Public and and a o , 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: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, MN 55303 o Revised: 1/5/04 -14- ~ o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US TQ: Mayor and Council Members CC: John Erar, City Administrato+ FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Development Gnidelines for PrivatelylPublicly Installed Improvements/Streets & Utilities - Engineering DATE: February 3, 2004 INTRODUCTION The development guidelines are a tool to assist developers in the process required to develop property in the City of Andover. The attached development guidelines identify the process required for Developer Installed Improvements and City Installed Improvements. o DISCUSSION Over the past year, staff and the City Council along with input from the development community have developed a new process to allow developers to install streets and utilities in new urban developments. This has been reviewed in detail with the City Council at a recent workshop in 2003. 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E o o - " .l!l '5 '" " o o ~ C3 .e " " C1l ~ C3 - 'S .0 '" -< :;:, :> o " '" o (3", 0;: " ~ 'e' g Q.W o ~ ~ ~ .", " > ~ ~ o o ." .; o '" N ~ o ." 'S: &! i> o ~ ~ -e ::J :;;; :is o 0- :f! J!! '" .~ 9; ~ o ~ z o :c g; u. u. i'O ~ < 9 c; . (2) 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: John Erar, City Administrato1*'" -:0 David D. Berkowitz, City Engmeer b"t:, FROM: Todd Haas, Asst. City Engineer SUBJECT: Accept Petition/Order Feasibility Report/04-9/Crosstown Meadows - Engineering DATE: February 3, 2004 o INTRODUCTION The City has received a petition from the developer of Crosstown Meadows requesting the improvement of sanitary sewer, watermain, streets and storm sewer (see attached petition), Project 04-9. DISCUSSION If you recall, the preliminary plat has already been approved by the City Council. The developer is aware that they have the option of installing the street and utility improvement but has decided to have the improvements installed by the City. ACTION REQUIRED The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for Project 04-9, Crosstown Meadows. Respectfully submitted, ~/~~ ToddHZsn Attachments: Resolu~ & petitiol o cc: Kodiak Homes Inc., 8512 124th Ln. N., Champlin, MN 55316 o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER ,PROJECT NO. 04-9, CROSSTOWN MEADOWS. WHEREAS, the City Council has received a petition, dated January 21. 2004, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover th at: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $5.000.00 3. The proposed improvement is hereby referred to the City Enoineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember City Council at a reoular meeting this 3rd Councilmembers favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. and adopted by the day of February ,2004, with voting in voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o o o UL.1-'1 Kodiak Homes Inc. January 21, 2004 Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Proposed Crosstown Meadows Subdivision Dear City Engineer: Kodiak Homes Inc. does hereby petition for improvements by the construction of watermain, sanitary sewer, storm sewer and streets with concrete curb and gutter with the costs of the improvement to be assessed against the benefiting property which is described as: Crosstown Meadows Said petition is unanimous and the public hearing may be waived. We request that a feasibility report be prepared as soon as possible. We have enclosed a check for $5,000.00 for the feasibility report expenses. Sincerely, '&:;::100 8512124thLNN Charnplin,MN 5531-6 612-240-9335 @ 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: John Erar, City Administrator( FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Plans & Specs/04-4/2004 Sealing Coating - Engineering DATE: February 3, 2004 INTRODUCTION The City Council is requested to approve final plans and specifications for Project 04-4, for the 2004 Seal Coating Program. o DISCUSSION The street seal coating program is an effective and cost efficient means to prolong the life of the City's street infrastructure. The seal coat program has been administered for approximately seven years and is one tool currently utilized to protect and prolong this investment. The City of Coon Rapids will be administering the bids through the Joint Powers Agreement that has previously been approved. The bid opening is set for February 13,2004 at the Coon Rapids City Hall. BUDGET IMPACT The 2004 Seal Coating project has been identified in the City's Capital Improvement Plan. The funding for this work will be from the Road & Bridge Fund and Developer Seal Coating Fund. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications for Project 04-4, 2004 Seal Coating. Respectfully submitted, Q~lJ. David D. Berkowitz o Attachments: Resolution/' CITY OF ANDOVER COUNTY OF ANOKA o STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 04-4 ,FOR 2004 SEAL COATING. WHEREAS, pursuantto Resolution No. 001-04 , adopted by the City Council on the 6th day of January ,2004, the Citv of Coon Rapids has prepared final plans and specifications for Project 04-4 for 2004 Seal Coatinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3rd day of February , 2004 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council that bids will be opened February 13 , 2004 at the Coon Rapids City Hall. o MOTION seconded by Councilmember City Council at a reaular meeting this 3rd Councilmembers voting in favor of the resolution, and Councilmembers and adopted by the day of February , 2004 , with voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o o (9) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US CC: Mayor and City Council John Erar, City AdministratOf' Vicki V olk, City Clerk TO: FROM: SUBJECT: Approve Classification & Sale of Forfeit Land DATE: February 3, 2004 INTRODUCTION Anoka County has informed the city of two parcels of land that have forfeited to the state. DISCUSSION o Chapter 282.01, Subdivision 1 of the Minnesota statutes requires the governing body of a municipality to approve the classification and sale of forfeit parcels. The parcels that are forfeit are: Lot 3, Block 1, Hamilton Square. This is a drainage pond and is not buildable. Lot 6, Block 2, Woodland Terrace. This is a buildable lot. If the city desires to acquire either parcel, an application must be submitted with the county board to withhold the parcel from sale. The county board will then withhold the parcel from sale for six months. During the six-month period the city would have to pay maintenance costs incurred by the county (if any). The Andover Review Committee reviewed the parcels and suggests the city not acquire either parcel. ACTION REQUIRED The City Council is requested to adopt a motion approving the classification and sale of forfeit land. o Respectfully submitted, !lJ-: ();/V Vicki V olk City Clerk 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: John Erar, City Administratonf' FROM: Vicki V olk, City Clerk SUBJECT: Approve Raffle PermitlAnoka County Pheasants Forever DATE: February 3, 2004 INTRODUCTION Anoka County Pheasants Forever have applied for a permit to conduct a raffle at the Courtyards of Andover on March 13, 2004. DISCUSSION As part of the permit process the city can do one of the following: I) approve the application with no waiting period; 2) approve the application with a 30 day waiting period; or 3) deny the application. ACTION REQUIRED The City Council is requested to approve the application with no waiting period, Respectfully submitted, t.L-L. tJ4 Vicki V olk City Clerk 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 TO: Mayor and Council Members FROM: John Erar, City Administrator SUBJECT: Award Bid Package #1/Steel and Pre-Cast/Shop Drawings Andover/YMCA Community Center Project DATE: February 3, 2004 INTRODUCTION On January 22, 2004, bids were opened for the award of shop drawings for structural steel/joists/decking and pre-cast concrete. Competitive bids were received for both bid packages, with RJM Construction conducting the bid opening and analyzing bid submittals. DISCUSSION RJM Construction has submitted their recommendations on bid awards, attached. The low bid for pre-cast concrete was received from Hanson Pipe and Products at a cost of $1,315,973; approximately $105,000 under CM budget estimates. The low bid for structural steel, joists and decking was received from Five Star Welding at a cost of $570,000; approximately $50,000 under CM budget estimates. Council will recall that these bids were issued to allow the City to get into the ordering queue for steel and pre-cast and does represent a financial cost commitment associated with shop drawings of $80,000, should the City cancel the two contracts. This financial liability is related to the cost of cancellation of these two contracts. Again, please note that this award is not to actually award the bids for steel and pre-cast, but to bring the City into the ordering line for steel and pre-cast fabrication. March 16,2004 will be the date in which Council must either award the bid for steel and pre- cast for fabrication to meet the Ice Arena opening date or suspend existing project deadlines and revise previously established deadlines. According to both the Construction Manager and Project Architect, this date is final, and there can be no extensions if the City is to meet the project deadline to open the Ice Arena for October 4,2004. The architect and construction manager have both indicated that this. date is an absolute must for ordering the steel and pre-cast to allow the project to move forward on schedule. o o o BUDGET IMPACT Together, these numbers represent approximately $155,000 in posItIve project budget expenditure variances. However, it is important to recognize that this represents a small percentage of the total bid packages yet to be issued, opened and awarded. Consequently, these initial budget savings at this very early stage in the bidding process could easily evaporate in light of other bids, which may come in over CM budget estimates. Conversely, it is certainly a positive indicator of the competitive market forces vying for project work. Compliments to the architect and construction manager for their good work in preparing bid documents and project estimating. ACTION REQUIRED Award the bids for shop drawings for structural steeUjoists/decking to Hanson Pipe and Products and pre-cast concrete to Five Star Welding as recommended by RJM Construction. Cc: Brian Recker, RJM Construction Tom LaSalle, LaSalle Group, L TD Harold Mezille, Jr., YMCA President and CEO Ted Rozeboom, RMA Architects Phil Nyvall, YMCA o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-27 FOR Shop Drawinqs for Pre-Cast Concrete and Structural Steel/Joists and Deckinq WHEREAS, pursuant to advertisement for bids, bids were received, opened and tabulated according to law with results as follows: Bid Cateaorv 3B Precast Concrete Molin Gage Brothers Wells Concrete Hanson Pipe and Products $1,663,905 $1,575,000 $1,449,462 $1,315,973 Bid Cateaorv SA Structural Steel/Joists/Deckina Anderson Iron Works $635,782 Daka Corporation $629,000 Premier Construction Systems $618,211 Standard Iron $602,700 Benz Tool & Iron $598,350 Five Star Welding $570,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Hanson Pipe and Products as being the apparent low bidder for Bid Category 3B and Five Star Weldinq as being the apparent low bidder for Bid Category 5A. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with the two low bidders hereto described for shop drawings, which carries a combined contract cancellation fee of $80,000 for the improvements; and direct the City Clerk to return all bidders the deposits made with their bids, except that the deposit of the successful two (2) successful bidders and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the City Council at a meeting this day of , 20_, with Councilmembers g: datalstaffi'rhondaalagendalresolutions/original/accbids 2/1/99 o o o voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk g:data/staffi'rhondaa/agenda/resolutions/ original/ace bids 2/1/99 p ~.,,~'--;,.'-..........-r5 ~-""''';-' ....;} ~~......" ....................".....-.-.....,, .. - o January 29, 2003 ~II~I~ ':':::1 ~~~.~~~ , CONSTRUCTION Mr. John EraI' City of Andover 1685 Crosstown Boulevard Northwest Andover, MN 55304 Re: Andover Community CenterlYMCA Recommendations for Award of Contract - Bid Package 1 Dear John, RJM Construction has completed its review of the bids received on January 22, 2004 for Bid Package 1. In addition to the bid review, we have also conducted a scope review with the apparent low bidder for each Bid Category. Based on the results of these reviews we recommend to the City Council that they award the contracts as follows: Bid Category 3B - Precast Pa;neblPlanklStadia Seating . Hanson Pipe and PrQduct~, Inc. North Central Region Hanson Spancrete Midwest P.O. Box 1360 Maple Grove, MN 55311 Base Bid Amount: Contract Cancellation Cost: $1,315,973.00 $ 40,000.00 Bid Category 5A - Structural SteellJoistslDecking Five Star Welding and Fabricating, Inc. Base Bid Amount; 1720 113m Avenue North Contract Cancellation Cost: Osseo, MN 55369 $ 570,000.00 $ 40,000.00 As per the tenns of the Contract Documents, the award of these contracts at this time only allows the contractors to proceed with the shop drawings. The final approval to proceed with the fabrication of the products will not be granted to these contractors until the City Council awards the fabrication on March l~\ 2004. The fiscal exposure to the City of Andover by awarding these contracts at this time is $80,000. If you should have any questions, please feel free to contact me. 54551iWY 169 PLYMOUTH MN 55442 763.383.7600 FAX 763.383]601 BID FAX 763,5S3.967C RIM IS AN EQUAL OPFOR1UNITY EMI'lOYEf JAN 29 2004 13:48 763 383 7601 PAGE. 02 o o o Andover Community Center/YMCA Bid Package 01 Bid Date: January 22, 2004 Bid Time: 2:00 p.m. Bid Category 3B - Precast Concrete (Structural) Contractor Addenda Bid Security Base Bid Hanson Pipe and Products 1,2 Yes $1,315,973 Wells Concrete Products 1,2 Yes $1,449,462 Gage Brothers Concrete 1,2 Yes $1,575,000 Molin 1,2 Yes $1,663,905 Bid Category SA - Structural Steel/Joists/Decking Contractor Addenda Bid Security Base Bid Five Star Welding and Fabrication 1,2 Yes $570,000 Bens Tool and Iron 1,2 Yes $598,350 Standard Iron 1,2 Yes $602,700 Premier Construction Services None Yes $618,211 Daka Corporation 1,2 Yes $629,000 Anderson Iron Works 1,2 Yes . $635,782 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 FROM: John Erar, City Administrator SUBJECT: Authorize Advertisement for Bids/Bid Package #2 - Site Work Andover-YMCA Community Center Project DATE: February 3, 2004 INTRODUCTION The City Council is requested to authorize advertisement for bids for Bid Package #2 - Site Work. This package includes all site work related to the Community Center, with the exception of relocation associated with the three (3) ballfields. Ball field lighting, fencing and miscellaneous materials will be relocated by City staff in coordination with on-site contractors and in conjunction with construction management oversight. DISCUSSION The project schedule requires the advertisement for bids for site work, which is described in the attached correspondence from Brian Recker, RIM Construction. Site work activities are critical to meeting project completion deadlines related to the opening of the Ice Arena by October 4, 2004. With early bid issuance and award of the site work package, the City will realize a 2 week advantage on the existing schedule and ensure the timely mobilization of contractors and equipment on the site. Please review the attachment from RJM Construction for specific elements contained within this package. ACTION REOUIRED Authorize advertisement for bids for Site Package #2 - Site Work by adopting the attached resolution. mitted, o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember following: to adopt the A RESOLUTION ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-27 , Andover-YMCA Community Center Proiect FOR Bid Packaqe #2. Site Work Construction. WHEREAS, as recommended by RJM Construction, construction managers for Project No. 02-27, that the schedule for project completion requires the Council to authorize advertisement for bids for this bid package. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be open at 2:00 p.m., March 9 , 2004 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a meeting this day of , 20_, with Councilmember o in favor of the resolution and Council member voting against same whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o g:data/stafli'rhondaa/ agenda/resolutions/original! advbids 1/28/2004 o o ~... 5'; "".._.--..--.-.~ _ .. ..l'ttP U-':;'-'~'~ --...:'-"'-~'-.-" U~ ... . .... - - .. ~ - .- ~ ~~IIIW I\!I 1~11I.~ ,,',1 CONSTRUCTION January 29, 2003 Mr. JohnErar City of Andover 1685 Crosstown Boulevard Northwest Andover, MN 55304 Re; Andover Community CenterlYMCA Bid Advertisement for Bid Package 2 Dear John, In order to maintain our current project schedule we recommend that, at their February 3, 2004 meeting, the City Council approve the Bid Advertisement for Bid Package 2. This second release will be a civil/site package including earthwork, site utilities, paving, curbs, site concrete, paving and landscaping. Subsequent to this approval, a date of March 9th, 2004 will be established for receipt of these bids. If you should have any questions, please feel free to contact me. Brian . Recker Senior oject Manager 54SS HVVY 169 PLYMOUTH MI'l 55442 763.383.7600 FAX 763 383.7601 !)ID fAX 763.553.9670 RIM IS ,I>N EQUAL OPPORlUNfIY ElvlPlOYCR JAN 29 2004 13:49 763383 7601 PAGE. 03 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 FROM: John Erar, City Administrator SUBJECT: Approve Andover-YMCA Community Center Construction Cost Allocation Percentage Formula DATE: February 3, 2004 INTRODUCTION The City Council is requested to consider approving the cost allocation percentage splits for the Andover-YMCA Community Center project. RJM Construction representatives will be in attendance at the Council meeting to respond to any questions Council members may have regarding the cost allocation methodology. DISCUSSION City staff and YMCA representatives, with the assistance of Brian Recker from RJM Construction Management, have reached a point in our specific negotiations where Council approval will be necessary. Mr. Recker has submitted a report, attached, that describes the allocation on the basis of specific use, cost per square foot pricing and percentage of shared common space. Mr. Recker indicates that he feels these percentages are a fair and reasonable allocation of cost between the City and YMCA, based upon the respective intended uses of the facility. Mr. LaSalle has been negotiating for the YMCA in the cost allocation split and he also concurs with the methodology and outcome ofRJM's allocation review. Through these discussions, staff and YMCA representatives have tentatively agreed upon an allocation apportionment of 51.74% for the City and 48.26% for the YMCA. This allocation percentages falls within the original estimates provided to the Council several months ago by Finance Director Dickinson. These numbers, if approved by the Council, will also need to be approved by the YMCA leadership and will be used in the lease agreement being prepared by the City Attorney and staff in various sections of the lease document. BUDGET IMPACT The percentage allocation provides that the construction cost of the facility for the YMCA, including the aquatic expansion, is estimated at $8,205,873. This number represents 48.26% of a total project cost of $17,005,000, not including the High School team rooms which will be paid for by the Anoka-Hennepin School District and is an added budgetary cost. The YMCA portion o o o of the facility cost will be underwritten by a 3D-year lease agreement that will run concurrently with the term of the bonded debt service. The lease document is currently being drafted by the City Attorney, with staff input and will be presented to the YMCA in the very near future. City staff is working with Dain Rauscher to develop a public financing offering consistent with the YMCA's ability to finance their portion of the building cost expense. Once this financing structure is tentatively established, Finance Director Dickinson will make a separate presentation to the Council on the proposed financing plan. ACTION REOUIRED Council is respectfully requested to approve the allocation percentage split between the City and the YMCA, at 51.74% for the City and 48.26% for the YMCA. Any savings or increases to the construction budget andfi>r use of the project contingency will be split along these same percentage lines. Tom LaSalle, The LaSalle Group Harold Mezile, Jr., YMCA President and CEO Brian Recker, RJM Construction Ted Rozeboom, RMA Architects PR,OFESS o N A L CONSTRUCT o N 5 E R V C E 5 o DI~I., ' .. ~ CONSTRUCTION January 20, 2003 Mr. John Erar City of Andover 1685 Crosstown Boulevard Northwest Andover, MN 55304 Re: Andover Community CenterNMCA YMCA Project Cost Allocation Dear John, RJM Construction has completed the allocated project cost estimates for both the YMCA as well as the City of Andover. A copy of this cost allocation summary has been enclosed for your review. o The parameters utilized in establishing this cost summary were developed through our review meetings with representatives from the City of Andover and the YMCA. It is our opinion that this allocation is a fair representation of costs to be borne by each party, based upon their intended use of the facility. If you should have any questions regarding the information presented, please feel free to contact me. We appreciate yo efforts, as well as those of the other team members, during this process. Cc: Robert Jossart, RJM Construction Craig Kronholm, RJM Construction Ted Rozeboom, Rozeboom Miller Architects Greg Schuster, Rozeboom Miller Architects Tom LaSalle, LaSalle Group Phil Nyvall, YMCA o 5455 HWY 169 PLYMOUTH MN 55442 763.383.7600 FAX 763.383.7601 BID FAX 763.553.9670 RjM IS AN EQUAL OPPORWNrTY EMPLOYER QD 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: John Erar, City Administratof" David Berkowitz, City Engineer:S:;"O!S From: Kameron Kytonen, Natural Resources Technician Subject: NPDES (National Pollutant Discharge Elimination System) Presentation and Public Hearing/02-31- Engineering February 3, 2004 Date: INTRODUCTION The City of Andover is required to comply with the latest NPDES regulations set forth by the Minnesota Pollution Control Agency (MPCA). One requirement as part of this process is to hold a public hearing to receive feedback on the program. o DISCUSSION To satisfy the MPCA requirements, city staff created and submitted a Storm Water Pollution Prevention Program (SWPPP). It is composed of Best Management Practices (BMP' s), which are. actions taken to improve the quality of storm water runoff. Staff will give a brief PowerPoint presentation on the program, and touch on the following: · The reasons for the program; · Challenges cities face with water quality; · The different city departments involved in the program; · The City's status of compliance with the MPCA permit conditions; · Various activities people can undertake to improve storm water quality Following the presentation, we ask the Mayor to open this up for a public hearing. Residents of the City will have an opportunity to make written and/or oral comments on the City's efforts thus far. They may comment on the components of the SWPPP as well. ACTION REQUESTED The City Council is requested to hold a public hearing to review the City's status of compliance with the program and make recommendations as needed. o Respectfully submitted, l::Jt~~ @ o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANOOVER.MN.US TO: Mayor and Councilmembers John Erar, City Administrato~ Will Neumeister, CommunitYDevelopment Director ~ CC: FROM: Andy Cross, Associate Planner 4il( SUBJECT: Consider Rezoning/R-1 to R-4/15827 Crosstown Boulevard, continued from l2/2/03 - Planning DATE: February 3, 2004 o INTRODUCTION This rezoning was tabled at the December 2, 2003 Council meeting. The Council directed that a neighborhood meeting be held and a sketch plan be prepared before the rezoning would be considered. Those have now been completed and the rezoning of this parcel can(now move forward. This rezoning will allow the development of a 15.22-acre parcel that can now get sewer service via the Constance Comers subdivision sewer. DISCUSSION The City's sewer staging, as drafted in the Comprehensive Plan, has this parcel slated to receive sewer service between 2015 and 2020. With the development ofthe Constance Comers subdivision, sewer service will be available next year. This rezoning would have taken place when the area received sewer service in 2015, but is sought now with the early arrival of the sewer utility. Providing sewer service to this area before 2015 required an amendment to the sewer staging element of the Comprehensive Plan. On January 16th, 2004, the Metropolitan Council approved an amendment to Andover's Comprehensive Plan that changed the sewer staging for the area from 2015-2020 to 2000-2005. o As with all rezonings, the City must meet one of the two following findings that are provided by state statute: l. The original zoning was in error. 2. The character of the area and/or times and conditions have changed to such an extent to warrant the Rezoning. The times and conditions have changed with the arrival of municipal services to properties adjacent to the applicant's property. Sewer service is available to the nearby Constance Comers o o o subdivision and its arrival is imminent at the future site of Andover Fire Station #3. With city water and sewer available, this area will be able to developed at a density that an R-4 zoning classification provides. Planning Commission Recommendation The Planning Commission unanimously recommended approval ofthis rezoning. Attachments I Ordinance Amendment Location MapJ Citizen Letter"j j Planning Commission Minutes ACTION REOUESTED The City Council is asked to approve the proposed rezoning. Respectfully submitted, ~~ Cc: Laurent Land Development, Inc., 100 S. Fuller Street, Suite #200, Shakopee, MN 55379 -2- o o o CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA CITY CODE CHAPTER 12-3 AN ORDINANCE AMENDING CITY CODE CHAPTER l2-3, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Chapter l2-3, The Zoning District Map ofthe City of Andover is hereby amended as follows: 1) Rezone land from R-l, Single Family Rural to R-4, Single Family Urban, legally described as: That part of the Southwest Quarter, Section 13, Township 32, Range 24, Anoka County, Minnesota, lying Northerly ofthe following described tract: commencing at a point on the West line thereof, distant 400 feet North of the Southwest comer of said Section 13; thence North along the West line thereof, a distance of 400 feet; thence East at right angles to the West line thereofto the East line of said Southwest Quarter ofthe Southwest Quarter; thence South along the East line thereof a distance of 400 feet; thence West to the point of beginning. 2) All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. This rezoning is approved based upon the fact that the character of the area has changed and the conditions surround the site have changed to such an extent that a rezoning is warranted. Adopted by the City Council of the City of Andover on this _ day of February 2004. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk -3- ..... Cl Qi 4 ~ ~ Gl ~ ~ :w <:'; .~ j:: ~ l,ij Cl. ~ .~ III ~ .s ::E: 1\} a .. .2l :it c ~ @ w ca ii c .~ ~ fi ::E: 4~ r-- ~" ~~I J.- " - c U1 Ul Z :::; U1 c:: Ul '" Ul c:: Ul I- ::J II: ZZI-Ul ~ti~~ gtwa:::-J I- LLJ l.JJ l1J U c:: I- ~ ~ :n ~ ~ "\."\..0 \ ~\ I ; I I ; t i ...., I I I ~ ; ; i ~ [ ))) I I- I ~(( l , I i I ! ; l ~ I =1 i I Ir--- i --'--< \ I I ul I II I ~ ~\J \ \ I )) _1= I i', ! _.-nrnrJ... .& ~ -[ I~~ ~7<:7/. ~ 1 T t- r; I h~ I) ~~/I HI ~~ T- ..-- - \ \ i , I , , I ; i I ! ! I 1\ I 1 ~I I i z~ i~li ~'11~ - :: a , , io..'" cog CO '" '" II ~- g : ffi" ~ ....Q w Q3 ~ ~ -0< (9 .. .. III .s .! ~ ~ Co Cl Cl fa Q. ',S ... ~ ~ .... :::; Cl ~ .~ ' -0 " '" >> ., C ::I III esg a.:.;:::::; ",,,, EE -00 . ~~ 0" ".c: .,- ~o =" "'0 en:.;::::; ., '" -" ca~ <503 " > .~ 0 =- -0 cO2 10"'5 -o~ -00 "u "'., lIl~ "E-o 8"'5 f!!~ "lIl =Q) ~> ::10 o.~ ~ '" ~~ 0" -gg ",5j ui"E ~m cfe ~g ui"lIl a." ",0 ~~ SE _0 ~:s ~~ lIl_ -0", ~= -0-0 ~~ "20 0" ~~ Ee:! e~ ~~ .,,,, :as g~ " III c:2 .,- 13'0 lIll!! "'., .c: III E::J '" . CJ~ 00 Q.lIl ,lIl '" :2"C -., >>lIl ~::I -0" .,~ 320 >- 0-0 c.~ "" .9.2! (U .6 Eo 0" - .5 ., .c: I- 1! o Z -----! r I I, ~ ~I~ -~V ~I ~~ \\~ 1)\ "\\~ " ~ \ Ittj!f--I i h--l 1\ 1111- lll~l- , '- , !- I I I~- I--- l f--J o o o RECEIVED November 18, 2003 NOV 1 8 2003 CITY OF ANDOVER Andover City Council Andover Planning and Zoning Committee, Re: 20 acres on Crosstown Blvd. south of Constance Proposed for a zoning change After hearing that 20 acres of land north of our property was sold to Mark Smith to be developed as a housing development I became very concerned. We live just south of this 20 acre property on 157th Avenue. This whole area has always been zoned 2 1/2 acre mininuJ.f{\, We have lived on this property in Andover for almost 25 years, we have seen the huge increase of development for housing in this city. The reasons we live in this rural area is for the peace and quiet, nature, wildlife and nice big yards for our children to play in. . I feel it would be a huge mistake to approve a zoning change for 1 developer to come into our neighborhood build a large group of homes, make his money and leave. Meanwhile ,we are stuck with a group of homes in our backyards. Is it worth it for 1 person to benefit from this zoning change? Please think twice before you vote, some of us long time residents moved here many years ago for the reason of owning acres. If we wanted small lots we would have moved to a developed neighborhood. PLEASE CONSIDER EVERYONE IN THIS MATTER! Concerned Andover Resident, 9x1;!~-.- . . , / ,'l"'\ A / n {/ / Vj vv -s-- o Regular Andover Planning and Zoning Commission Meeting Minutes - November 25, 2003 Page 3 -----PUBLIC HEARING: REZONING (03-10) TO CHANGE THE ZONING FROM SINGLE FAMILY RURAL RESIDENTIAL (R-l) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTYLOCATED AT 15827 CROSSTOWN BOULEVARD NW. o o Mr. Cross explained this rezoning will allow the development of a lS .22-acre parcel that can now get sewer service as a result of the Constance Comers subdivision. Mr. Cross stated the City's sewer staging, as drafted in the Comprehensive Plan, has this parcel slated to receive sewer service between 201S and 2020. With the development of the Constance Comers subdivision, sewer service will be available next year. This rezoning would have taken place when the area received sewer service in 20lS, but is sought now with the early arrival of the sewer utility. Mr. Cross discussed the item with the Commission. Commissioner Gamache stated in the staff report, it showed lS.22 acres, but the map showed 43.5. Mr. Cross stated they are only looking at rezoning the Thomas Miller Property. The entire area requesting a change to the sewer staging plan is 43.S acres. Motion by Gamache, seconded by Jasper, to open the public hearing at 7:12 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Daninger, Greenwald) vote. Mr. Mark Lipske, 629 lsih Avenue, showed where his property was on the map and explained his understanding was some other neighbors sold out and he believed that this was not going to be the only land wanting to be rezoned. He thought the surrounding properties would also request the same. He stated he was concerned about the progressive development in Andover and he wondered if they could save part of Andover as a natural type of area and instead of rezoning urban, require it be at 2.S acres per parcel so they do not have to clear cut everything. He showed on the map what he would like to see. He noted he would like to have a buffer of trees around the perimeter of the property to shield the development from adjoining properties. Acting Chairperson Kirchoff explained that the details on how the development would layout would be available for review as a part of a future sketch and plat. It was his understanding there was not any development plans for the site at this time and it is strictly a rezoning request. Mr. Troy Gamble, Anderson Engineering of Minnesota, explained he was at the meeting on behalf of the applicant, Lorent Development. He stated that at this time they do not -b- Regular Andover Planning and Zoning Commission Meeting Minutes - November 25, 2003 Page 4 o have a detailed plan. When they do get a piece ofland that is well wooded, it is to the developers' advantage to look at perimeter screening and ways of custom grading lots to make it more appealing to the buyer and the residents in the area as well. He stated the points made are duly noted and they plan on bringing a plan in to the City in the next month. Motion by Casey, seconded by Gamache, to close the public hearing at 7 :28 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Daninger, Greenwald) vote. Commissioner Gamache asked what the implications were for bringing the sewer across the road and is it inevitable the entire area will get rezoned R-4 because of the available sewer and water or is it still feasible for these lots to be developed as 2 1/2 acres with septic and wells. Mr. Bednarz explained the City would not accept a rural plat in terms of coming in with just 2 Y2 acre lots because it is all within the MUSA. He stated it is all guided to be urban development at some time in the future. If this is rezoned to R-4, 11,400 s.f. is the minimum lot size and they could make some lots larger but he thought it was unlikely they would be 2.5 acres. Commissioner Vatne asked if these were larger than '14 acre, would they still be serviced by sewer and water. Mr. Bednarz stated this was true. o Commissioner Jasper asked if this issue came about because the owners wanted to ~- develop these properties or because the sewer was going to be coming in for the Fire Department. Mr. Bednarz explained the sewer became available when the Constance Comers Development went in. The brought sewer under the railroad tracks and down through the property to the northwest. At this point sewer crossed Crosstown Boulevard arid became physically available to the properties and the Fire Station site. Commissioner Vatne asked if the timeline for development of these properties was originally out ten to fifteen years but because utilities came in sooner, property owners asked for it to be brought in sooner. Mr. Bednarz stated this was correct and showed a graph and explained the different sewer stages and adjustments that have been made as a result of properties not developing in the stage they were initially assigned. Acting Chairperson Kirchoff explained this is only a plan and may change. Commissioner Jasper asked if rezoning was inevitable if development of the properties were to come about. Mr. Bednarz stated this was true. Commissioner Greenwald arrived at 7:34 p.m. o Commissioner Vatne explained the importance of the drawing of the MUSA line, once the line in the past was expanded out, served as the destiny for the properties therein, rural designation going from an R-l, splits could not take place any longer, similar to the Rural Reserve which they have talked about a number of properties in, basically locked -'~7- Regular Andover Planning and Zoning Commission Meeting Minutes - November 25, 2003 . Page 5 o those so they could not make them into 2 Y2 acres. Mr. Bednarz stated this was essentially correct, especially for the Rural Reserve. The Council allows a little more flexibility in the general area that is undeveloped in the MUSA in that you can still do a rural lot split once every three years but you could not come in and divide up a forty acre piece in ten or twelve 2 Y2 acre lots. . Motion by_Gamache, seconded by.Casey, to recommend to the City Council approval of Resolution No. _, approving the rezoning request subject to the conditions of the resolution. Commissioner Vatne stated they heard from the developer regarding the concerns with the trees and the landscape. They have seen other developers come in with similar concerns so he thought this was something that was being addressed. Mr. Lipske had a good idea with a buffer zone and he thought there was some merit to that when the developer is laying out some of these tracts to give some consideration that way. He explained the trade offis the value ofland that they will be looking at in all cases so it will be a balancing act but it is an interesting suggestion and he would encourage this to be taken forward for the City Council also. o Commissioner Gamache asked ifhe understood this correctly, they will not see a plat on this property before the end ofthe year so the chances of having the developed will not happen until the spring of2005. Mr. Bednarz explained it may be sooner based on what they heard from the developer. Commissioner Gamache asked if this needed to be heard before the end of the year for this area to be developed in 2004. Mr. Bednarz explained it depended on if the developer would construct the streets and utilities or ifthe City would do this. If the developer would construct their own streets and utilities, they would not be subject to the same requirements and time limits. Acting Chairperson Kirchoff asked if it would be under that scenario where they could see development in 2004. Mr. Bednarz stated if they went with a public improvement, they would need to have a preliminary plat be approved by January 31, 2004. Motion carried on a.6-ayes, O-nays, l-absent vote. Mr. Bednarz stated that this item would be before the Council at the December 2,2003 City Council meeting. o -8- o o o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers John Erar, City Administratonl' Will Neumeister, CommunitylDevelopment Director IAAi- CC: FROM: Andy Cross, Associate Planner .......A;: Consider Rezoning/R-l to R-4/15929 Crosstown Blvd. for Fire Station #3 - Planning SUBJECT: DATE: February 3, 2004 INTRODUCTION According to the City Code, parcels in the (R-l), Rural Residential zoning district cannot receive city sewer and water. Since it is imperative that the new fire station has access to municipal utilities, an effort is being made to change the station's zoning to an Urban Residential zoning classification. DISCUSSION The location for the new fire station sits within the 2020 MUSA boundary, which means it will eventually be surrounded by urban residential development. This rezoning request represents an effort.to have the fire station's property rezoned to R-4, the same zoning classification that the surrounding properties will eventually have. The fire station's property, along with the parcels surrounding it, was originally slated to receive public sewer and water in 20l5-2020. On January l6th, 2004, however, the Metropolitan Council approved an amendment to Andover's Comprehensive Plan and the area's sewer staging was changed to 2000-2005. As with all rezonings, the City must meet one ofthe two following findings that are provided by state statute: l. The original zoning was in error. 2. The character of the area and/or times and conditions have changed to such an extent to warrant the Rezoning. The times and conditions have changed with the arrival of municipal services to properties adjacent to the applicant's property. Sewer service is available to the nearby Constance Comers subdivision and its arrival is imminent at the future site of Andover Fire Station #3. With city o o o water and sewer available, this area will be able to developed at a density that an R-4 zoning classification provides. Planning Commission Recommendation The Planning Commission voted unanimously to recommend approval of this rezoning based on the fact that the times and conditions have changed. Staff Recommendation Staff recommends approval of this rezoning. ACTION REOUESTED The City Council is asked to approve the rezoning request based on the fact that times and conditions have changed. Respectfully submitted, ::f-~ Cc: Weston Woods Townhomes, 4601 Weston Woods Way, White Bear Township, MN 55127 Attachments / Resolution '1/) Location Map Planning Commission Minutes / -2- o CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA CITY CODE CHAPTER 12-3 AN ORDINANCE AMENDING CITY CODE CHAPTER 12-3, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Chapter 12-3, The Zoning District Map of the City of Andover is hereby amended as follows: 1) Rezone properties from R-l, Single Family Rural to R-4, Single Family Urban, legally described as: That part of the South Half of the Northwest Quarter of the Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota, described as follows: o Beginning at a point on the west line of said South Half of the Northwest Quarter of the Southwest Quarter, distance 329.03 feet northerly of the southwest corner thereof; thence southerly along said west line a distance of293.03 feet; thence easterly parallel with the south lie of said South Half of the Northwest Quarter of the Southwest Quarter a distance of 60.05 feet; thence easterly a distance of95.40 feet along a tangential curve concave to the south, having a radius of 505.81 feet and a central angle of 10 degrees 48 minutes 25 seconds; thence southeasterly, tangent to said curve, a distance of 87.69 feet; thence easterly a distance of 110.82 feet along a tangential curve concave to the north having a radius of 597.00 feet and a central angle of 10 degrees 38 minutes 09 seconds to the southeast corner of the west 350.67 feet of said South Half of the Northwest Quarter of the Southwest Quarter; thence northerly along the east line of said west 350.67 feet a distance of333.69 feet to the intersection with a line drawn easterly from the point of beginning, perpendicular to the west line of said South Half of the Northwest Quarter of the Southwest Quarter; thence westerly along said perpendicular line a distance of350.67 feet to the point of beginning. 2) All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. This rezoning is approved based upon the fact that the character of the area has changed and the conditions surrounding the site have changed to such an extent that a rezoning is warranted. Adopted by the City Council of the City of Andover on this _ day of February 2004. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor o Victoria Volk, City Clerk -3- ...... C) i25 ~ 05 GI .~ :;:: :w .... j: .~ .~ 0 Q, ID '" Y) w .~ III C\ :z :=: ~ ::; '" :::;; w tJ .. ::;: cr: e: B w e: ~ I- :::J C :z I- w W .J:j w <( ~ @ u W LL l- e: -' w w w w Ll c: l- e: I- ~ if '" ~~.[J z~ ,. . .~ !!! .21~ "':::l' . . . ~ A. _,<3 '" o o '" "l 0)- N II CD g .Q '" ;... E Ul IV ~ ~ me <( u iti .!i U) ii cu Ct.'" '" '" 0. .. :E::l)1 ;3 M ~ 677 m ;:: ;! ~ Ul ~ug~ .!!1 '0 e l\l >. Ol ~ ::I '" 0'" o.~ l\ll\l EE '05 ~s 50l 0.<:: Ol- ~o ~g 0):.;::::; Oll\l -0 mt;:: o.g e> .!Q 0 ",,- '0 m2 res 'O~ '00 co l\l Ol "'.0 Ie '0 8"5 ~~ ~~ .0> ::10 0..0 ~l\l Ol'O =Ol oe "0.2 ~ffi uiE ~~ ~o ~~ ui'" o.e l\l 0 fiii l\lE - ~ li~ l\l'- Q.~ "'- 'Ol\l Ol.<:: Ol- '0'0 "OJg -E~ o e ~~ ~Ol ~ m ~.<:: -Ol 'O~ Oll\l :as ~~ 0'" c:E .,- Jlo ",I!? l\l Ol .<::'" E=> ~Q) Ole 00 0.", '" l\l ;e-g ~~ '0" Ol.o '00 "s:- 0'0 ~., 0.'0 e e ,Q$ m.5 EO oe - .!: Regular Andover Planning and Zoning Commission Meeting Minutes-January 13,2004 Page 7 o -acre spread of land around the site of the new fire st ion is composed of four separ parcels that would all like to be con . ered for rezo ng from R-l to R-4. The own of one parcel has already applied for rezoning. Th pplication represents the rez 'ng request of the other three propert' . With the page of this resolution, the e e 43-acres will have the potential to rezoned at once i tead of the individual parcel eing rezoned at different times. ation by Gamache, secon d by Vatne, to open the public heari ied on a 6-ayes, O-nays -absent vote. Motion Commissioner Va e stated this is within the MUS di 'ct and makes possible the zoning change . the addition of sewer and wat. stated in his mind, the availability of se er and water is not enough to an the zoning. o Commissioner asper asked Mr. Cross on pa Townhomes, wondered if this meant to Cross stated . s is the development com em four, regarding Weston Woods ere going to be considered. Mr. gom. Motion by ache, seconded by Ki off, to recommend to the City Counc approval of the rezoning request based on the ct that times and conditions have ch carried on a 6-ayes, O-nays, l-absent vote. Mr. Bednarz stated that this item would be before the Council at the Febru City Council meeting. PUBLIC HEARING: REZONING (04-02) TO CHANGE THE ZONING FROM SINGLE FAMILY RURAL RESIDENTIAL (R-1) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTY LOCATED AT 15929 CROSSTOWN BOULEVARD FOR FIRE STATION #3. Associate Planner Cross explained according to the City Code, parcels in the (R-l), Rural Residential zoning district cannot receive city sewer and water. Since it is imperative that the new fire station has access to municipal utilities, an effort is being made to change the station's zoning to an Urban Residential zoning classification. Mr. Cross discussed the information with the Commission. o -5"~ o o - o Regular Andover Planning and Zoning Commission Meeting Minutes - January 13, 2004 Page 8 Commissioner Gamache wondered why they were rezoning this property separately because he thought it was part of the previous item, which was recommended for rezoning. Mr. Cross stated the fire station on the map was for site location purposes only. Commissioner Kirchoff stated he read that they have been upgraded for fire insurance rating already and he wondered if they would get even better ratings with the new fire station. Mr. Bednarz stated the availability of another fire station shortens the response time and that is one of the factors they used to determine what the insurance rates should be. He stated he will make sure he gets the information for the City Council. Motion by Casey, seconded by Gamache, to open the public hearing at 8:4l p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. There was no public input. Motion by Kirchoff, seconded by Casey, to close the public hearing at 8:42 p.m. Motion carried on a 6-ayes, O-nays, l-absent vote. Motion by Gamache, seconded by Casey, to recommend to the City Council approval of the rezoning request based on the fact that times and conditions have changed. Motion carried on a 6-ayes, O-nays, l-absent vote. Mr. Bednarz stated that this item would be before the Council at the February 3, 2004 City Council meeting. VARIANCE 4-01) TO VARY FROM THE FRO AND SIDE YARD SETRA REQUIRE ENTS FOR EXISTING HOUSEA '921158TH AVENUE NW. Mr. Bedn z explained the subject property co before current setback requirements were current ont and side yard setback require ins an older home that was co structed opted. The home does not m t the ts as illustrated in the drawin Co issioner Kirchoff asked for c1 B narz stated the house is an olde tructure that was built before current setbacks re adopted. Commissioner Kir off asked ifthis became a non- onforming use ecause ofthe Ordinance chang Mr. Bednarz stated that was c ect. Commissioner Jasper stated t y needed a variance beyond th actual house; they would also need a variance for the ck. Mr. Bednarz stated this w correct. Commissioner Vatne aske if the neighbors signed the peti on and if they did, they do not have it in the packet. he applicant stated they did no ave the signatures on time to -b"- o o o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers John Erar, City Administrato~ Will Neumeister, Community pevelopment Director ~ Andy Cross, Associate Planner A-ilC CC: FROM: SUBJECT: Consider Rezoning/R-1 to R-4/ for Properties Located at 15773-15955 Crosstown Boulevard - Planning DATE: February 3, 2004 INTRODUCTION The 43-acre spread ofland around the site of the new fire station is composed of four separate parcels that would all like to be considered for rezoning from R-l to R-4. In early December 2003, the owner of one parcel applied for a rezoning. The Council tabled the request, preferring to rezone all four properties at once. This application represents the rezoning request for the . other three properties. With the passage of this resolution, the entire 43-acres will have the potential to be rezoned at once instead ofthe individual parcels being rezoned at different times. DISCUSSION At the Planning and Zoning Commission Meeting of November 25th, 2003, the Planning Commission voted to favorably recommend the rezoning of a property located at 15827 Crosstown Boulevard. 15827 Crosstown is one ofthe four parcels that make up the 43 acres under consideration for residential development around the site of the new Fire Station #3. When this item went before the City Council, however, it was decided that it would be to the City's advantage to see a cooperative rezoning and development effort between property owners of the entire 43-acre area. Instead of the property owners applying for and receiving rezonings for their properties at different times, the City Council will have the opportunity to rezone the entire 43-acre area all at once. In addition, the property owners / developers have met with neighborhood residents and submitted a sketch plan application that represents the cooperative development of all 43 acres. This satisfies all the concerns expressed by the City Council regarding informing the surrounding property owners about pending development and rezoning of this area. o o o The properties represented by both this rezoning request and the request that was tabled in December were originally slated to receive public sewer and water services between 2015 and 2020. On January l6th, 2004, however, the Metropolitan Council approved an amendment to Andover's Comprehensive Plan and the area's sewer staging was changed to 2000-2005. As with all rezonings, the City must meet one ofthe two following findings that are provided by state statute: 1. The original zoning was in error. 2. The character ofthe area and/or times and conditions have changed to such an extent to warrant the Rezoning. The times and conditions have changed with the arrival of municipal services to properties adjacent to the applicant's property. Sewer service is available through the nearby Constance Comers subdivision and its arrival is imminent at the future site of Andover Fire Station #3. With city water and sewer available, this area will be able to developed at a density that an R-4 zoning classification provides. Staff Recommendation Staff recommends a favorable recommendation for this rezoning. Planning Commission Recommendation The Planning Commission unanimously voted to recommend approval of the rezoning based on the fact that the times and conditions have changed. ACTION REOUESTED The City Council is asked to approve the rezoning request based on the fact that times and conditions have changed. Respectfully submitted, 4r;;;z Andy Cross Cc: Weston Woods Townhomes, 4601 Weston Woods Way, White Bear Township, MN 55127 Attachments / Resolution .// Location Map Planning Commission Minutes /' -2- o CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA CITY CODE CHAPTER l2-3 AN ORDINANCE AMENDING CITY CODE CHAPTER 12-3, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Chapter l2-3, The Zoning District Map ofthe City of Andover is hereby amended as follows: l) Rezone properties from R-1, Single Family Rural to R-4, Single Family Urban, legally described as: PARCEL A: The South One Half(S \12) ofthe Northwest Quarter (NW 14) ofthe Southwest Quarter (SW 14), Section 13, Township 32, Range 24. Except the North 330 feet of the West 330 feet thereof, and except any roads on the above-described property, Anoka County, Minnesota. o PARCEL B: The part of the Southwest Quarter of the Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the West line thereof distant 680 feet North of the Southwest comer of said Section 13; thence North along the West line thereof a distance of l20 feet; thence East at right angles to the West line thereof to the East line of said Southwest Quarter of the Southwest Quarter; thence South along the East line thereof a distance of 120 feet; thence West to the point of beginning. o PARCEL C: The part of the Southwest Quarter of the Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the West line thereof distant 400 feet North ofthe Southwest comer of Section 13; thence North along the West line thereof a distance of 400 feet; thence East at right angles to the West line thereof to the East line of said Southwest Quarter of the Southwest Quarter; thence South along the East line thereof a distance of 400 feet thence West to the point of beginning. Excepting from the above described parcel that tract of land described as follows: That part of the Southwest Quarter of the Southwest Quarter, Section 13, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at a point on the West line thereof distance 400 feet North ofthe Southwest comer of said Section 13; thence North along the West line of Southwest Quarter a distance of l60 feet thence East at right angles to the West line a distance of 495 feet; thence South at right angles a distance of 160 feet; thence West at right angles a distance of 495 feet to the point of beginning. Excepting from the above described parcel that tract of land described as follows: That part of the Southwest Quarter ofthe Southwest Quarter, Section 13, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the West line thereof 680 feet North of the Southwest comer of said Section 13; thence North -'3-- o o o along the West line thereof a distance of l20 feet; thence East at right angles to the West line thereof to the East line of said Southwest Quarter of the Southwest Quarter; thence South along the East line thereof a distance of l20 feet; thence West to the point of beginning. 2) All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. This rezoning is approved based upon the fact that the character of the area has changed and the conditions surround the site have changed to such an extent that a rezoning is warranted. Adopted by the City Council of the City of Andover on this _ day of February 2004. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk -4- - Gl fi :;:s 'i:l -l* '" j: !5 LU Q. ~ :z '" III Cl :::i LU :E: ~ a: a: a: LU :J .. ~ '" I- LU LU I- ~ ~ .... Z Z <( .l!! :::i l::J ~ ~ -' W Z I- a: LU 9 LU LU U I- LU I- a: U a: ~ ~ LU I- en '" ~.[J .~ .., o ~ -~ ~ II :0 : ~ PI .. jj~ B s III .. g,C .. ~ :::!:::; 0:5 0..; '" '" EE ""'.s a> " ""'- o~ 0- l!!o ~r::. '" 0 0):;::; a> '" -0 "''''' .;:: 15 a> e:: > .~ 0 -""" --0 .a> "'= -=> '" ., ""'" ""'0 e::o '" a> .,.0 "E:Q 8 => ~~ ., ".2 <D :0._6 ai ~ a>-o '<:'a> cg "0; e:: e:: '" a> .,-E >>., a> a> C:l::! =>=> "0 -., ~5 EfJ ~ E -:',g ., e:: i ";; '::5 .,- ""'''' a>.<:. a>- ""'~ ""'"" CD:;:; "Eo 0" 0>> ~~ EQj g.<:. -a> -o~ a> '" :as E'" 0-0 o.!!! e::.<:. a>- a> '15 .0., ., ~ "'a> .<:.., E=:l '" . ~a> Ole:: 00 c..~ .Yl"tj ,sa> ~~ -0 a> a>.o ""'0 .~i 0.-0 "" oj!! ;c: "'.- E15 ~" .s .6 a> .<:. ~ o o o ~ PUBLIC HEARING: REZONING (04-01) TO CHANGE THE ZONING FROM SINGLE FAMILY RURAL RESIDENTIAL (R-l) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTIES LOCATED AT 15955,15803,15773 CROSSTOWN BOULEVARD. Regular Andover Planning and Zoning Commission Meeting Minutes - January 13, 2004 Page 7 Associate Planner Cross explained the 43-acre spread ofland around the site of-the new fIre station is composed of four separate parcels that would all like to be considered for rezoning from R-I to R-4. The owner of one parcel has already applied for a rezoning. The application represents the rezoning request of the other three properties. With the passage of this resolution, the entire 43-acres will have the potential to be rezoned at once instead of the individual parcels being rezoned at different times. Motion by Gamache, seconded by Vatne, to open the public hearing at 7: 1 0 p.m. Motion carried on a 6-ayes, a-nays, I-absent vote. There was no public input. Motion by Jasper, seconded by Gamache, to close the public hearing at 8:15 p.m. Motion carried on a 6-ayes, a-nays, l-absent vote. Commissioner Vatne stated this is within the MUSA district and makes possible the zoning change with the addition of sewer and water. He stated in his mind, the availability of sewer and water is not enough to change the zoning. Commissioner Jasper asked Mr. Cross on page two, item four, regarding Weston Woods Townhomes, he wondered if this meant townhomes were going to be considered. Mr. Cross stated this is the development company name and townhomes will not go in. Motion by Gamache, seconded by Kirchoff, to recommend to the City Council approval of the rezoning request based on the fact that times and conditions have changed. Motion carried on a 6-ayes, O-nays, I-absent vote. Mr. Bednarz stated that this item would be before the Council at the February 3, 2004 City Council meeting. -6- @) o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US TO: Mayor and Councilmembers CC: John Erar, City Administrat01ll'k/ ' Will Neumeister, Community1bevelopmentDirectorUIJ""" FROM: Andy Cross, Associate Planner Aln SUBJECT: Consider Sketch Plan/Property Located at 15773 - 15955 Crosstown Boulevard- Planning DATE: February 3, 2004 ~o INTRODUCTION The City Council is asked to review a residential sketch plan for a 43-acre development located along Crosstown Boulevard between 15ih Avenue and l6l st Avenue. The proposed sketch plan is located in an R-l, Single Family Rural Residential Zoning District. A rezoning to R-4, Single Family Urban Residential, will be necessary to process a formal plat. DISCUSSION Conformance with local and Regional Plans The proposed sketch plan is consistent with the Comprehensive Land Use Plan as the property is designated Transitional Residential (TR). This designation indicates that the property will transition from rural to urban with the extension of utilities to the property. The property is located in the Metropolitan Urban Service Area (MUSA). Contingent on the Metropolitan Council's approval of a Comprehensive Plan Amendment, which the City Council has already approved, the development will lie within the current growth stage (2000-2005) in the city's sewer expansion plan. Municipal utilities can be extended to serve the entire development. Conformance with Local Ordinances Chapter 11-2-1 Sketch Plan The applicant is required to sketch the entire property under review and surrounding properties in enough detail to indicate how streets, lots, drainage and utilities can be configured to incorporate undeveloped areas in the future. o The sketch plan shows the ghost-platting of properties to the north and south ofthe proposed development. Refer to the attachment to see the ghost-platted land outlined in dashed lines. Staff will study the feasibility of serving the outlined property on the south border of the o development with sewer and water. Crosstown Boulevard borders the development to the West, and existing residential properties border it to the South and East. Access The sketch plan shows access to both Crosstown Boulevard and Constance Boulevard. The access to Constance would not be established until the northern properties are developed. 159th Street is shown extended from Crosstown to the existing residential neighborhood to the east. This extension of 159th will also serve the new fire station. The City staff feels that improvements to the intersection of 159th and Crosstown Blvd are needed. Staff is still awaiting comments from the Anoka County Highway Department on what they recommend. Constance Comers has already contributed some money for these improvements. Fire Station #3 and the proposed development will also be required to contribute. Please take note of Engineering Comment # 1. This comment highlights that the southern portion of the existing sketch plan is considered a closed loop with one way in and one way out, which presents an access issue for emergency vehicles. It is recommended that the area to the south of the sketch plan be included to allow access to the south to 15ih Avenue NW. o Chapter 11-1-4,13-6 Buildability Thefront 100 feet of each lot must be buildable. Lots adjacent to wetlands must provide a minimum of 116.5 feet between the front property line and the delineated edge of the wetland to provide adequate rear yard areafor each lot. The lowestfloor must be a minimum of three feet above the seasonal high water mark or one foot above the 100 year flood elevation, whichever is greater. Wetlands exist on the site. They will have to be delineated on the plat submission, and should any wetland need to be altered, necessary permits will have to be acquired from the proper authorities, including the Minnesota DNR, Army Corps of Engineers, and the Coon Creek Watershed District. Several lots backing up to the wetlands on the east side of the development appear to be below the 116.5- foot distance requirement. Chapter 12-3-4 Minimum Lot Provisions This section requires a minimum lot size of 11,400 square feet and minimum lot width of 80 feet at the building setback line. This section also provides a minimum lot depth requirement and building setbacks for the future houses. o Some of the comer lots on the sketch plan fail to meet the City's 90-foot width requirement for comer lots. In addition, the City discourages the use of butt lots. Near the middle ofthe development, squeezed between two comer lots is a middle lot that backs up to the rear yards of all the other properties on the block. This butt lot is too narrow and should be reworked. South ofthe fire station is another non-conforming lot that does not meet the minimum frontage requirement on the public right of way. I 2 o Double-frontage lots at the northwest comer of the proposed development straddle the existing north property line, appearing to exist partially on land not owned by the applicant. The developer has noted this element of the rough sketch plan. Parcels along the east side of the development are not drawn perpendicular to the street. The City would prefer that the lots remain perpendicular to the street along curves as seen on the lots in the southeast comer ofthe development. Chapter 11-3-3 Streets This section provides the minimum right-ai-way requirements and design criteria for streets. The sketch plan introduces two outlets onto County Highways. First, 1591h Avenue will be extended westward toward Crosstown Boulevard. This extension was a matter of some contention for residents at the neighborhood meeting. The residents did not understand the need for a road connection as the roads have functioned adequately for many years. However, the extension has the full support of the Andover Review Committee. In addition, the cul-de-sac at the end of l591h was intended to be temporary at the time of the area's platting in 1977. Please refer to original staff comments and the plat of the subdivision in the attachments. o The second outlet from this development is the north/south street ghost-platted through the northern properties. It may eventually connect to l61 sl Avenue. Staff anticipates that Anoka County will provide comments on this connection to a County Road. Regardless, a more thorough review of this access will be carried out when development is proposed on these northern properties. Andover's Public Works Department noted that the "teardrop" style cul-de-sacs in the southwestern area of the sketch plan are difficult to plow and should be eliminated. Park and Recreation Commission Comments The Parks and Recreation Commission will review this development at their February 51h meeting. The possible location of a park will require review and a recommendation by the Commission. It should be noted that there is an undeveloped park in the Oak Hollow development, which is directly to the east of this development on 1591h Avenue that could be considered to serve this new urban area. Neighborhood Meeting Comments o Residents at the neighborhood meeting held on Monday, January 51h, 2004, raised several issues. The first was the proposed extension of 1591h Avenue through the development to connect with Crosstown Boulevard. Residents living on the existing cul-de-sac on l591h are opposed to having their street extended and losing their dead-end. Another issue raised was the necessity to clear the large number of trees that now grow on the site. The developers explained the reason why so many trees would have to be cleared (streets, utilities, etc), but assured the residents that trees are a valuable selling point for new housing and they would strive to keep as many as possible. 3 o o o A third issue was that of a visual buffer between the existing residential properties and the new development. Residents showed considerable concern about seeing the new development next door and the loss of the country feel to the area. They also suggested building larger lots on the periphery of this development and smaller lots within it to help the transition from Rural to Urban Residential. The residents also felt that there were not adequate park facilities in the neighborhood. Planning Commission Recommendation Many of the Planning Commission's comments centered around easing the transition of this urban development into the rural character ofthe neighborhood. This included efforts to save as many trees as possible on the site, as well as designing larger lots on the periphery of the development and smaller urban lots shielded behind them. Staff Recommendation The staff report identifies a number of issues that need to be addressed before a plat can be submitted. Staff recommends a favorable response to the proposal with the adjustments recommended in the staff report. ACTION REOUESTED The Council is asked to informally advise the applicant on the merit of the proposal and any modifications the Council feels are necessary. Staff recommends a favorable response to the proposal with the adjustments recommended in the staff report. Respectfully Submitted, #4~ Andy Cross Cc: Mark Smith, Weston Woods Townhomes, 4601 Weston Woods Way, White Bear Township, MN 55127 Gary Laurent, Laurent Land Development, Inc., 100 S. Fuller St, Suite 200, Shakopee, MN 55379 Attachments Location Map "j Sketch PlanY / Original Staff Comments (l977) Original Subdivision Plat (J,977) ../ Engineering Comments ../ Planning Commission Minutes ./ 4 ..... z~ 0 ~ g. G5 GI <:: ..... ~ ~ -!::: j:: .s. .~ ti Y) Co ~ <ll .~ ra C\ w :e: ~ :z .s :J <ll (J .. ~ a: w .l!l <ll W a: ~ w I- :::l a: C I- W "" :z :z ~ @ w Ii) 'tl :J w <( U w c :z LL GI 0 I- a: -' w w GI I- W W U u a: I- a: .... w I- ~ ~ (J") <ll ra ~ 0 :e: ;..,... 08 I,l) N N II gf ~ PI ~ ~ Qi ~ 3' ;a """) -. ~ ~ * Cl,o 0 .. 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'" " I 1 J ;1 I I I I I I I I I I I I I -'7 ......, ~ ~ o o o TKDA TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES INCORPORATED ENGINEERS AND ARCHITECTS 1406 PIONEER BUILDING SAINT PAUL., MINNESOTA 55101 224-7891 TELEX 29.7461 Septenaber 15, 1977 Planning and Zoning Corhnaission Andover, Minnesota Re: Oak Hollow prelinainary Plat Andover, Minnesota Conanaission No. 6223-77 Conanaission Menabers: RICHARD M. BARKER OWEN J. BEATTY OARREL H. BERKOWITZ ROBERT A. BOYER JAMES C. BROTEN ARNDT J. DUVALL HUGO ,G. ERICKSON WILLIAM J. FEYDER ROYCE a. HANSEN STEPHEN M. HARTLEY WESTLY J. HENDRICKSON CLIFFORD E. "JOHNSON DuWAYNE R. KASMA J. THOMAS KIRK DAVID W. KIRKWOLD A. DEAN LUNDHOLM ROBERT T. MALONEY DENNIS R. MARTENSON RfCHARD D. MENKEN LEONARD G. MILLER WAYNE A. OLSON OUANE T. PREW RUDOLPH P. RAfTOR ROBERT R. RYDER WILLtAM H. SHERIDAN JAMES A. SKARET ABE J. SPERLING ROBERT G. SPURR WALTER W. THORPE JAMES E. VOYEN NATHAN F. WEBER CLIFFORD W. HAMBLIN EDWARD J. BOOTH We have reviewed the prelinainary plat for Oak Hollow Addition located in Section 13 north of 157th Avenue N. W. The property is in an R-i Zoning District requiring a naininauna lot size of 2! acres. The following are our conanaents regarding the proposed subdivision as prepared on August 26, 1977. Gene ral Conanaents 1. 157thAvenue N. W. is a designated Municipal State Aid Roadway which requires a right of way width of 120 feet. The developer has included dedication of 60 feet width of right of way north of the centerline of 157th Avenue as required for a State Aid Roadway. 2. The proposed subdivision is within the Coon Creek Watershed District. A copy of the plat naust be subnaitted to the Board for their review to obtain approval of the plan. 3. Tenaporary cul-de-sacs will be constructed at each end of l59th Avenue N. W. partly on tenaporary easenaents as indicated on the plat. At fiuch tinae as 159th Avenue N. W. is extended, the tenaporary eas enaents would be ternainated. -8- o ! I I , I I , . : , . . . : , . : . . . " . . . : , . . . I I I , I I I , I ~ I ! ~ .~ I ~. ~. I I ! i I ! ~. I I , ~ I I I~ I j M-sfI4';'e :;[;>1 i . . I Msf //;,,, j749f t)l-~tJ , I I ! . ; \ \ \ I i I, \ I , . ! , ! \ (,(, I \ I 0'\ i ~ I I 1/.'0.0 I \ I I \ I I I ~ i . i " tl I \ i I ~ ~ . ~ \ ~ I ! ~ . : I \9 I Z. +btJ , ~ ~ I \ I , , I , ~ , I . , \ t . . . : . . , . \ ; 1fM ' ' , ' , : : ' ~ : '. , i , , , I. .' , , ~~ ' : ,; : : . ; i : : "'. '" , ,\: . i : . . : , : ~ ,,: ~. :\' I : ; :: ' , . , : , '. , , , : , .'<1 ~ ~: oI' I ' . I' , : <~n .'" I "'"tio I ' . : . , ,,," , : : , , ~ ;. . . : , . . : I: ' , : . ~: . .. , . '"" .",: I ' . , . ~ '\ : ~ I;Iab '" . "- I I' , , , . . (!) ~ . . . , - I 1!'1 I i ,:>, :7 I I I ,,\ I \;[ , . I i ~ I; ~ ~I:()b I '?-- :;. , . I!~ , ~ \ II , . . . .~: : , A I I , ~, , . fTI I ~ 1~f) , '? S, . , . ~ i 1'0; I . . ' . I !~'Il ,:--; . ~ ' . , : iT; , . . . I '\, ,\, , : :. . 'I: :. : : . '. : rfj : . ", . , . : I 1 J: 1 '~; , ' : : ., : , , . /~ o -1- CITY OF NDOVE o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Courtney Bednarz, City Planner ~S> ~ David Berkowitz, City Engineer & Todd Haas, Asst. City Engineer January 8, 2004 . Smith's Properties Sketch Plan/Review #1 Listed below are comments based on the sketch plan for your review. 1. It appears per City Code Title 11-2-1(E) that the subdivider has shown how some of the adjacent properties can be developed to ensure that adjoining properties have the ability to subdivide at some time in the future. It will be necessary to determine if the developer has provided enough area to ensure that o this ghost plat submitted fits with the other adjacent owner's ideas. It agpears that the area to the south of the sketch plan should be included to allow access to the south to 157 Avenue NW. Note: The south portion is considered a closed loop as it has 1 way in and 1 way out which could be an issue for emergency vehicles. See sketch plan for street extension to the south that would ultimately connect to 157th Avenue NW. . 2. Need to identify the boundary of the approved delineated wetland boundary on sketch plan. If no wetland exists, it would be necessary to indicate this in the legend. Wetland locations may have an impact on how lots are to be configur:ed within the development. 3. The possible location of a park will require review and a recommendation by the Park & Recreation Commission, which would then be forwarded to the City Council. Note: There is an undeveloped park in the Oak Hollow development, which is directly to the east of this development on 159th Avenue NW that could be considered to serve this new urban area. 4. Need to indicate the existing right-of-way width and all existing drainage and utility easements. The right of way on 159th Avenue NW only shall be 66 feet wide, which would be consistent with 159th Avenue NW right of way in Oak Hollow. . 5. The developer is responsible to obtain the necessary permits from the Coon Creek Watershed District, DNR, U.S. Army Corps of Engineers or any other agency that is interested in the site. 6. Need to meet the requirements of the City of Andover Water Resource Management Plan. 7. Need to submit a tree protection plan with the submittal of the preliminary plat. 8. The developer will need to petition for improvements (sanitary sewer, watermain, streets & storm sewer). Note: The Developer will have the option to install these improvements privately, Whic;h does not require a petition. It would good to meet with City Staff to discuss this. 9. Need to meet requirements of all City Codes that apply. 10. All streets will be required to be public. o 11. A copy of the sketch plan should be forwarded to the Anoka County Highway Department for review and comment. 12. Outlots are not allowed and will need to be attached to the adjoining parcel. -((J- 13. Sidewalks may be required along 159th Avenue NW. Also, trails may be considered along Crosstown Boulevard and 161st Avenue NW. 14. Need to insure that all of the area can be served with gravity sanitary sewer, which will ultimately flow O thru the lift station located in Constance Comers. 15. Are there any existing easements (private or public) that need to be vacated? If there are, they should be clearly indicated on the sketch plan so that it can be determined if the easement needs to be vacated. 16. The east-west street (159th Avenue NW) at the east end must have a 50-foot minimum tangent between the reverse curves. 17. The two intersections within the sketch plan do not appear to meet at a 900 angle to each other potentially causing a dangerous intersection. These intersections must be redesigned to meet the 900-angle requirement. Also site distance requirements will need to be met at all intersections. 18. The Developers shall identify existing street names and all other information as required in City Code 11- 2-1 (Sketch Plan). 19. Easements in the preliminary plat will need to be provided to allow utilities to be looped as required in various portions of the development. 20. City Code 11-2-1 D5 requires the developer to provide aerial photo (most current) with the sketch plan overlay. 21. It may be necessary to eliminate the bubble cul-de-sacs. In the past, these have not been allowed. They have been a problem for Public Works as far as snow plowing maintenance. Need to explore this more with the Public Works Department. 22. Additional comments pending further review. Note: The developer must respond in writing to each item in the memo to ensure compliance. o o -1/- o PLANNING AND ZONLN COMMISSION MEETING JANUARY 13,2004 o The R lar Bi-Monthly Me ing ofthe Andover Planning called to 0 er by Chairpers n Daninger on January 13,20 City Hall, 1 5 Crosstown oulevard NW, Andover, Minn d Zoning Commission was , ioo p.m., at the Andover ota. airperson Daninger, Commis . oners Tim Kirchoff, Tony G che, Dean Vatne, Jonathan er and Michael Casey. PUBLIC HEARING: RESIDENTIAL SKETCH PLAN TO REVIEW A SINGLE FAMILY URBAN RESIDENTIAL DEVELOPMENT FOR PROPERTIES LOCATED AT 15955,15827, 15803, AND 15773 CROSSTOWN BOULEVARD. Associate Planner Cross explained that the Planning and Zoning Commission is asked to review a residential sketch plan for a 43-acre development located along Crosstown Boulevard between l57th Avenue and 161 st Avenue. The proposed sketch plan is located in an R-l, Single Family Rural Residential Zoning District. A rezoning to R-4, Single Family Urban Residential, will be necessary to process a formal plat. Mr. Cross discussed the staff reports for items 3 and 4 with the Commission. Commissioner Kirchoff questioned where the two nonconforming lots were at. Mr. Cross showed a map and explained the locations. o -/2.-. Regular Andover Planning and Zoning Commission Meeting Minutes - January 13, 2004 Page 2 o Commissioner Gamache asked ifthere would be a second access to the site. Mr. Cross stated it does provide a second access. He showed the location on the map. Commissioner Vatne wondered how l59th would be routed through the properties to be joined. Mr. Cross stated he did not have the specifics and he referred them to the developer for this question. Motion by Gamache, seconded by Vatne, to open the public hearing at 7: 1 0 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Ms. Mary Hammett, 524 I59th Avenue, explained her concern was the fire chief saying they needed I59th open for fire access for safety and the majority of them have lived in their development for twenty years and there has not been any concern prior to this for fire safety. There is one way in and one way out. She feels like they are disrupting so many families by bringing in the through traffic. She stated they would like to keep their area the way it is even though there is growth all around them. Mr. Pat Sprague, 525 l59th Avenue, asked if an impact study has been done on how much traffic will be going through the neighborhood ifthey open this up. He stated they have already paid to upgrade the road and he wondered who would pay for the maintenance and upgrade of the road in the future. o Chairper,son Daninger asked Mr.. Bednarz ifhe knew how much traffic would be going through the neighborhood and in which direction. Mr. Bednarz stated this is an item they talked about at the neighborhood meeting and the most direct route for traffic would be to go to Crosstown. Ultimately when the County improves Crosstown, there will be an intersection with a signal light at Crosstown and l59th. Commissioner Kirchoff stated it looked like the existing homes will also use Crosstown as the main access as more of a way to travel. Ms. Barb Nielson, 546 l59th Avenue, asked what street would be right in/right out. Mr. Bednarz showed on the map the street and explained this is not imminent but if l59th was to be extended out to Crosstown, the County may take out the medians and they will try to limit access points at other locations. Ms. Nielson stated she is opposed to the rezoning because she would like to keep the area the way it is with wildlife and nature. She stated she does not understand the need to build all of those houses and the integrity oftheir neighborhood would be compromised. A buffer zone should be constructed all the way around the development and she thought it was a shame that there were other areas in Andover that they did not need to take all the trees down. She thought they should build on those areas and leave this area alone. o Mr. Mark Lipski, 629 I5ih Avenue, stated development is inevitable and going to happen. As far as the sketch plan and the way things are laid out, certain trees that were -/3- Regular Andover Planning and Zoning Commission Meeting Minutes - January 13, 2004 Page 3 o brought up for a buffer zone, he saw that they cannot have a buffer zone with some of the trees. He explained that on the new sketch plan, they planned a drainage ditch or pond on the back of his property and this is a concern to him. He wondered if the developer is going to have this drainage, what it will do for stagnant, standing water and mosquitoes. Mr. Lipski stated he has been living there for twenty-five years and they have a stand of pine trees. He talked to a forestry person from the City of Andover and they do not believe they have to clear cut all of those trees. His concern is the standing water. He stated there are enough setbacks where they would not have to take down all the trees and a few of the lots could be put into a rustic setting. His concern is if the lots are Y. acre lots, even on the east side, is it not possible where they can request 2 Y, lots instead of Y. lots or get the lots a little larger such as 1 acre or larger to accommodate the existing houses which will not affect the property owners that have been in Andover twenty years or more. Mr. Shawn Lindberg, 545 Constance Boulevard, stated one ofthe points that were made was the feasibility and impact of the traffic. He understands every other aspect of the development but he thinks a stop light at Crosstown and l59th does not make sense. He stated the pretty soon they will have stoplights every l25 feet to make this feasible. He thought they should look at the impact of these roads. He wondered how long it will be until they have to expand the roadways to accommodate the additional traffic. o Chairperson Daninger stated in regards to traffic, the County has been requesting that improvements be made to some of the roads. He stated that they do look at the traffic in the sketch plans. . Commissioner Jasper stated it would be his preference as a matter of procedure to have the builder answer their questions during the public hearing so the public could ask additional questions if need be. Chairperson Daninger stated that would be fine. Mr. Mark Smith, Weston Woods Townhomes, 460l Weston Woods Way, White Bear Township, explained he owns three ofthe parcels in the development. He stated the sketch plan is rough at this point and in answering the questions regarding the trees, they are a sales point and they do not want to take any more trees than what is necessary. Mr. Smith showed on the site map where the trees are located and the reason why they needed to be cut down. Mr. Smith stated the ponds will not go stagnant; they will have water moving through them every time it rains. o Ms. Nielson asked if the pond along the development property will remain triangular or will it be added to surrounding properties. Mr. Smith stated they cannot put water onto other properties. _./<t!-- Regular Andover Planning and Zoning Commission Meeting Minutes - January 13, 2004 Page 4 o Mr. Smith stated the buyers of the property will dictate how they want to try to save the trees on their lots. Commissioner Vatne asked if there was a possibility of developing some of the property into larger parcels. Mr. Smith stated the problem is the sewer and water costs would be too high to develop the land. Mr. Lipski stated a few things came to mind, last Monday he asked the developer about the pine tree buffer and he was told that the trees were thirty-three feet away and they would be clear cutting all of the trees. As far as the cost of getting City sewer and water, he understood that people were willing to pay more for a larger lot. Ms. Nielson asked ifthey have to have City sewer and water on the property. Mr. Bednarz explained the staging plan and MUSA boundary. Commissioner Jasper stated this is also the area of the new fire station and the City wants City sewer and water for the fire station. Mr. Bednarz stated they would put City sewer and water no matter what. o Mr. Pete Nielson, l5Sth Avenue, asked how they are going to save all the trees and provide drainage for all of the homes that will be in there. Mr. Bednarz stated they did not design the project. Mr. Jim Cyberlick, 15ih Avenue, stated his concern is about the trees. As far as the buffer zone goes, he understands the economics ofthe sewer but they are going to put in ninety-four houses in, if they only made the lots around the parameter larger, they would recoup his investment and still satisfy the existing neighbors. He thought this was a good way to save the trees. Mr. Doug Kronhouse, 577 l5Sth Avenue NW, stated he is on the end of the cul-de-sac where the development will link with theirs. He stated the whole way it is set up in this development will put the houses close together and putting larger lots on the ends makes more sense. Mr. Lindberg stated he agrees with the points of the buffer area and having larger lots around the outside. He was curious about what type of impact is the City imposing upon the actual linear footage of the City sewer and water to the developer and where are they coming up with the $300,000 lot at one acre type of a figure. He stated in evaluating that, increasing the size ofthose lots, what is the feasibility of increasing the size of the lots in the development. o Mr. Sprague asked ifthe extra revenue in the City will lower their property taxes. Mr. Bednarz stated this will not lower their taxes. He stated that the more people who are contributing will also increase the number of people using the services. -Is-- Regular Andover Planning and Zoning Commission Meeting Minutes - January 13, 2004 Page 5 o Mr. Smith showed on the map where the trees are and explained why some of the trees need to go. Mr. Smith stated they have professional delineators that check the soils to create elevations for ponding and buffers for wildlife. Ms. Hammett stated her main concern is the road getting punched through. Some of the developments around their area are larger developments and they only have one way in and one way out and she wondered why it was such a concern to put the road through. Chairperson Daninger stated the Commission is concerned about cul-de-sacs and they search for the best thing for the development and the surrounding areas. Ms. Hammett stated her concern is they have been this way for a long time and she wondered why they needed to punch the road through at this point when other developments in the area have the same type of cul-de-sac and have only one way in. Motion by Jasper, seconded by Gamache, to close the public hearing at 8:l5 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Commissioner Gamache stated with the standard layout, he does not like this with the standard butt lot and it looked like they were creating some kind of outlot in the development with the acreage lot that is staying. o Commissioner Jasper stated the circle with one access is inappropriate under the standards they have been using because they end up with a two thousand or more foot long cul-de-sac and it seems to be fixable by bringing the road through. Discussion ensued in regards to how they can fix the access points. Chairperson Daninger stated whatever it takes; they will want to save as many trees as they can. Commissioner Kirchoff stated the pond will affect the trees also and he wondered if the pond needed to be there. Commissioner Gamache stated they needed to have a pond somewhere in the development and he also wants to save as many trees as possible but the houses will back up to the setbacks' and you will still see the houses, and most of the trees will be in the front yard and the houses will not be covered by the trees. Commissioner Jasper agreed and he stated the problem is the setbacks that put the houses in the middle of that particular stand of trees. He stated he would rather see developments have some type of transition from rural to urban. He noted that is the problem they have in Andover where rural residential lots back up to urban residential lots without any transition. He did not know if they can have the lots larger and still be developable. o --/1;- o Regular Andover Planning and Zoning Commission Meeting Minutes - January 13, 2004 Page 6 Commissioner Kirchoff stated he did not think the entire parameter needed to be one acre lots, they are looking at this one comer area and the pond becomes a kind of buffer area. Commissioner Gamache stated in Andover, lot prices are already prohibitively expensive for a Y4 acre lot. Commissioner Vatne stated in taking a look at the layout of the development, it maximizes profitability by putting as many units as they can on the property that is proposed. He stated there needs to be some consideration back to the discussions around the buffer zones. They need to have the developers give consideration to the ' neighborhoods that the developments are being dropped into, He believes a majority of the stand of trees should remain because it will enhance the development and will be a great asset to the City. Commissioner Jasper stated it seems like they see developers are maximizing lots to maximize the profits and they should have to justify it and bear some burden to prove it. . Chairperson Daninger agreed. o Commissioner Kirchoff stated looking at the lots, some of these are not the legitimate width, there are some that are smaller than the eighty feet required. If the lot is eighty feet and it meets their standards, it is a matter of how it is laid out and he has a concern with the circle. Chairperson Daninger stated this is a minimum standard but can be made larger. Chairperson Daninger summarized what the Commission liked and did not like. He stated they did not like the outlot. He suggested the developer re-Iook at the buffer zone. The Commission did not like the circle road and do they have some kind of a tree plan. Chairperson Daninger asked how they can protect trees through the tree plan. Mr. Bednarz stated the City's present tree ordinance allows the developer to choose tree save areas but the Planning Commission, staff and City Council can suggest tree saving areas but it does not give the City the ability to require the developer to saver trees in any given location, it is only a recommendation. Chairperson Daninger stated their recommendation and guidance would be where they will try to save some trees. Mr. Bednarz stated that this item would be before the Council at the February 3, 2004 City Council meeting. o -/7- 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 TO: Mayor and Council Members FROM: John Erar, City Administrator SUBJECT: Consider Tax Abatement Project Application DATE: February 3,2004 INTRODUCTION The City Council discussed the topic of tax abatement at their regular Council work session of January 27, 2004. The Council requested that this item be placed on the February 3, 2004 Council agenda for further discussion relative to potentially submitting a tax abatement project application to Anoka County. DISCUSSION Information relating to tax abatement was presented to Council at the January 27, 2004 workshop. Discussion ensued regarding the possibility of submitting an application for either a joint County-City tax abatement project or a separate City application for the project area encompassing the Hanson Blvd-Bluebird Street and Hanson Blvd-154th Street intersections. Should Council wish to pursue the submittal of a joint or single jurisdictional tax abatement application, staff will need some direction regarding the following particulars: l. Tax Abatement Project Area - the improved land area that will contribute to the public facilities. We would need to analyze the abatement area to ensure that the tax generated from the improvements, existing or proposed, is sufficient to meet the abatement funding need for the public facility. 2. The specific facilities targeted for improvement. 3. A proposed design for the facilities, preferably from an engineering design that is authored by the City and has full/majority Council support. 4. The anticipated duration of the tax abatement repayment period. Typically, a period of time to coincide with the repayment of the financing mechanism, which cannot exceed lO yearsl. Staff would establish an assessment that would be underwritten by the abatement. 5. As the public facility improvements would take place on a County roadway, the application should address whether the proposed improvements meet County requirements. 1 See Exhibit A, section 8B(2) limiting the abatement period to no greater than 10 years or 8B(2c) Other. o o o 6. Supporting statements from affected property owners, such as private property owners and other public entities, i.e. YMCA, School District 7. Technical reports underscoring the need for the improvements, such as traffic studies and other related data to support the City's contention of a public purpose, need and general taxpayer benefit. 8. The application should also address the compelling economic development reasons for the tax abatement request. 9. One particular requirement of the County tax abatement worksheet also mentions whether the school district has granted an abatement for the project area. As indicated at the Council workshop, Anoka County has a sub-committee structure that most likely will require a review of the City's tax abatement application before going to the full County Board. Abatement Procedure instructions note that the application "must" be reviewed by the Intergovernmental Committee (lGC) through the Division of Governmental Services before submittal to the full County Board. According to the County's website, the IGC has three elected members consisting of Commissioners Margaret Langfeld as chair, Dennis Berg and Dave McCauley. ACTION REQUIRED Consider the submittal of a Tax Abatement project application to Anoka County. Cc: COUNTY OF ANOKA GOVERNMENT CENTER 2100 3RD AVENUE. ANoKA, MlNNESOTA 55303-2265 (763) 323-5700 ~(~ ~6~~J CITY OF k\G.. ,~" January 15, 2004 Mr. John Erar, Administrator City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear John: The topic of economic development abatement and its use by Anoka County in the context of Andover's Community Center project has come up several times in various recent conversations. As county commissioners representing the city, we felt we should offer some background information on the Anoka County policy pertaining to such requests and hope this will help you in your deliberations and plans. o The Anoka County Board of Commissioners, on October 14, 1997, passed a resolution (enclosed) detailing the county's policy with regard to the legislation governing economic development abatements. In that resolution, the board members made clear their reservations about the potential effect such abatements could have on overall county tax equity. In fact, board members had opposed passage of the legislation on the grounds that such programs place an undue burden on county taxpayers to support local projects. Because of this concern, the Anoka County board, as is indicated in the resolution, will consider granting economic development abatements only when extremely unique or special circumstances exist. Our purpose in writing is not to discourage the city from applying for a county economic development abatement, and we have enclosed the information you need to do so. However, we want to be very clear in providing you with realistic expectations about Anoka County's position regarding this program before you go to the considerable time and effort required to complete the application. If you have further questions about the economic development abatements, please contact Maureen Devine, Division Manager of Property Records and Taxation, and she will be glad to help you. Her telephone number is 763-323- 5428. As always, please give anyone of us a call if we can be of aSsistance. Dick Lang County Commissioner District #2 ave McCauley County Commissioner District #5 Sincerely, 9~~'c2/' /. Dennis Berg '7 County Commissioner District # I !~ -.' 0 '\~ o MD:tp Enclosure cc: Margaret Langfeld, County Commissioner Maureen Devine, Property Records & Taxation Div. Mgr. Jay McLinden, County Administrator Steve Novak, Govemmental Services Division Manager FAX: 763-323-5682 Affirmative Action I Equal Opportunity Employer TDDfITY: 763-323-5289 .~, DATE: July 2.7,1999 OFFERED BY COMMISSIONER: BOARD OF COUNTY COMMISSIONERS Anoka County, Minnesota RESOLUTION #99-105 McCarron" AMENDING ANOKA COUNTY pOUCY ON ECONOMIC DEVELOPMENT ABATEMENTS WHERE;AS, the 1997 Minnesota State Leglslature authorized In Minn. Stat. ~ 409.183 the use of property tax abatements for economic development; and, WHERE;AS, on October 14, 1997, the Anoka County Board of CommIssioners passed Resolution #97.166, establishing a policy and adopting a procedure for Anoka County Economic Development Abatements; and, WHEREAS, the 1999 Minnesota State Legislature amended its economic development abatement statute (Minn. Stat. !l469.183); and, WHEREAS, these legislative changes require corresponding changes to the Anoka County Economic Development Abatement policy and procedures; and, WHEREAS, the Intergovernmental Committee has reviewed and recommended amendments to the Anoka County Economic Development Abatement procedures: NOW, THEREFORE, BE IT RESOLVED that the Anoka County Board of Commissioners adopts the amended economic development abatement Exhibits A and B (attached). o STATE OF MINNESOTA) S5 YES NO COUNTY OF ANOKA ) !, John "Jey' McLinden, County Administrator, Anoke County, Minneoota, nereby DISTRICT#1.BERG X certify that I nave compared the foregoing copy of tha resolutioN of the County Board of said County DISTRICT #2 - LANG X With the original record tnareof on file in tne Administration OffICe, Anoka County, Minneoota. as stated in the minutes .of the proceedings of said DISTRIct #3 - LANGFELD X Board at a meeting duly held on July 27, 1999, and that the same Is a true and correct copy of said .orlginal record and of the whole thereof, and thai DISTRICT 114 - KORDIAK X said resolution was duly passed by said Board at said meeting. Witness my nand and seal this 27th day of DISTRICT #5. MCCAULEY X July 1999. 0 tJ,4{J., 111~~ DISTRICT 1t6. MCCARRON X / ., JOHN 'JAY' McLINDEN DISTRICT #7 - ERHART X COUNTY ADMINISTRATOR 1'0 o BOARD OF COUNTY COMMISSIONERS Anoka County, Minnesota DATE: October 14,1997 OFFERED BY COMMISSIONER: McCarron RESOLUTION #97-166 ._o"",~~ ANOKA COUNTY POUCY ON ECONOMIC DEVELOPMENT ABATEMENTS WHEREAS, the 1997 Minnesota State Legislature authorized cities, school districts and counties to rebate all or part of their respective portions of a parcers property tax as an incentive to economic development provided the designated project meets criteria as established; and, WHEREAS, lha Anoka County Board of Commissioners believes that a strong economy Is critical to the continued comprehenslve growth and heaJlh of Anoka County; and, WHEREAS, the Anoka County Board recognizes thai many complex factoT$ Influence the economic climate of the area, and the board has and will continue to support diverse efforts to: foster a poslllve environment fOr both small and large business growth, attract and retain new corporate residents, and encourage development of the local labor force; and, WHEREAS, the Anoka County Board Is concerned that direct government Involvement In the economic development process through the abatement of property taxes may shift a disproportionate share of the tax burden to other properties In the county: NOW, THEREFORE, BE IT RESOLVED that Anoka County will grant economic development abatements only where extraordln3l)' or special circumstances exis! and the abatament of taxes. would be In the demonstrated Interest of the tax paying public. BE IT FURTHER RESOLVED that the primary purpose of Anoka County economic development abatements shall be for the creation or preservation of private sector, livable wage jobs In the community or for the redevelopment or renewal of blighted areaS. BE IT FURTHER RESOLVED that the Anoka County Board of CommlssloneT$ designates the Intergovernmental Commltlee as the body responsible for reviewing and acting upon economic development abatement requests. BE IT FINALLY RESOLVED that the Anoka County Board of Cornn'llssloners adopts the procedure in Extllbit A (attaohed) which wDl be in effect wllh regard to the consideration of economic development abatements. ~ ?:!Q. STATE OF M/NNESOTAJ S$ COUNTY OF ANDKA ) I, John 'Jay' McLinden, County Administrator, Anoka CountY, Minnesota, hereby certify that I have compared the foregoing copy of the r_lutlon of the CountY Boord of said County with the oMginal recoll1 thel1lOf on file In !he Administration OIflce, Anoka Courtty, Minnesota, as stilled in tha minUles Qf the proeeedings 01 said Board at a meeting duty held ort October 14, 1997, and thallhe same Is a true and c:orreot eopy of said original record and of the whole thereof, and that said resolution was duly passed by said l3oall1 at said meeting. WItness my hand and sealthl. 141h day of ooro~d Aidb 'r-,1' 36'HN 'JAY' MoUNDEN COUNTY ADMINISTRATOR DISTRICT #1 . BERG x DISTRICT #2 . LANG x DISTRICT #3 . LANGFELO x DISTRICT #4 . KORDIAK x DISTRICT #5 . McCAULEY x DISTRICT #6 . McCARRON x DISTRICT #7 . ERHART x ReSOLUTION #99.105 Page 2 EXHIBIT A ECONOMIC DEVELOPMENT ABATEMENT P~OCEOURE 1. Abatements will be considered 6n a case by case basis. 2. FOr an abatement request to be considered, an Economic Development Abatement Worksheet (Exhibit B /ilttach~,I1) mUllt !;le sUbmltled to the AnQka CQunty Intergovernmental Committee through the Oivi!lion of Gp,vernmental Services. The workshaet must be received by the county by July 1 of the currant year. ' 3. Each Economic DevelopmElnt Abatement Worksheet will be reviewed by the members of the Intergovernmental Committee plus the Commissioner who represents the district within which the parcE;ll{s) lie. In the event that the parclilll,ies ~hin a d,lstrict represented by one of the current committee mem\:lers, 9 fpurth c;ommissioner win be as,siglll;ld to particiPi~te in the review. ParticiPaUon in this in$lanpla will be assigned on a rotating bl!sis In diatrict number order beginning with Commissioner District One. 4. The committee. with staff input, will ascertain from the worksheet whether the abatement request meets statutory critElria. 5. In addition, the committee will consider Anoka County policy with regard to the granting of economic development abatements. 6. If the' committee votes to deny the abatement request, the property owner or representative will be notified in writing within two weeks subsequent to the committee meeting. 7. If the committee votes to approve the abatement request, it will be forwarded to the County Board. 8. The County Board will develop a proposecl resolution which specifies: A. The nature and extent of the public benefit resulting from the abatement. B. The. terms of the abatement (1) Amount (2) Duration a. Up to ten years allowed b. If not s~fied, the abatement will be in effect for eight years. c. Other (County Board may limit the abatement in any other manner it deems appropriate.) 9. The County Board will hold a pUblic hearing on the abatemenL 10. The County Board will consider for adoption a resolution for abatement 11. The COlmty. will add to its levy amount the total e!ltimated levy amount of all current year economic developments gran~. ApplicatiOns approved betwElen $.eptember 16 of the previous year and September. 15 of the cu.rrent year ,will be com,idered curre.nt year abatements, and the total of such current year ab~emenls granted shall ~ inclt,lded within the proposed levy and' final levy for the county. (M<lY \:lond for the amount if the County wishes to provic;le abatement in advance.) 12. The County will pay the abatement .to the property owner, lessee or a representative of bondholdef$ or will. retain the abatement to pay public infrastructure costs as provided in the abaternent resolution. . RESOLUTION #99-105 Page 3 EXHIBIT B o t:conomic Developmlmt Abatement Worksheet Date 1. Name of Property bwner 2. PIN 3. Description of expected financial benefit to county (The t>enefit must be equal or greater than the cost of the al>atement) 4. Description of public interest served by the proposed abatement ~ Increase or preserve tax base. How? _ Provide jobs. When, how many, what type? _ Provide or help acquire or construct public facilities. For which facilities? How? _ Redevelop or renew blighied areas. How? _ Provide access to services for residents. How? _ Finance or provide public infrastructure. Please describe. 5. Requested tax amount to be abated . 6. Requested duration of abatement 7. Has an economic development abatement been requested or granted by the school district or city? If so, please include del$ils of the request or theaJ;latement NOTE: . '. .. . Economic development abatements may not be entered into if the property is located in a tax increment financing district. -- In the 1997 legislative session, Representative Ron Abrams from Mllmetonka authored legislation to allow individual political subdivisions (county, city, town, or school district) to return their proportional share of all or a portion of a building's property taxes (see H.F. 2163, Laws of Minnesota; Artic]e 2, Sections 45-48, or Minnesota Statutes, Section 469.]812 to 469.1815). Abatements were designed to give each jurisdiction a voice in economic and redevelopment. efforts, limit the state's financial1iability through the school finance system, and enable new business retention efforts. Complications arose in the mechanics of abatements and, more importantly, from the reintroduction oflevy limits for taxes payable in ]998 and 1999. The 1998 Legis]ature passed ]egislation tQJl'el]lpt these abatements from the levy limits anq also allow bonds to be issued as a means to finance the development. The 1999 and 2000 Legislatures, in an effort to make abatement a more viable economic development tool, has further expanded ilie-scope of abatement authority. The nuts and bolts of the abatement prograril are as follows: b The abatement is a tax rebate rather than an exemption from paying taxes. o The taxpayer pays taxes on the abated property in the same manner it would if the taxes were 'not being abated. The county pays the abatement to the general fund of the political subdivision without identifying the amount oftheabateI)lent o The 1999 Legislature expanded the meaning of the term abatement to encompass agreements to defer property taxes without interest or penalties. The dty, town, county or school district can levy taxes as usual, defer payments for up to ten years, impose a set repayment schedule, and abate the penalties and interest o Towns may take action On tax abatement at any meeting, not only at their annual meeting,. The 200 I Legislature gave the town boaf(~ the power to approve the abatement resolution. o As of May 26, 1999, a school district may abate its entire tax capacity based levy (previously could only abate 60% to 75%). A school district may not abate market value based levies. School boards, also as of May 26, 1999, may now grant abatements for the entire term of the abatement (previously they could only approve the abatement one year at a time). School districts may levy an additional property tax to pay for their abatements. The school district will not lose net revenue by using the program. o The maximum term of the abatement is ten years if the city (or town), county, and schoo] all participate. If one or more entities decline, the maximum term is 15, under legislation passed in 2000. o The maximum that an entity can abate is the greater of $100,000 per year or5% of the entity's levy. o Taxes payable from the market value of a new or existing building, and, as of May 26, 1999,. the value of land and any fiscal disparities contributions (for metro and taconite credit areas only) may be abated. The maximum annual abatement equals the political subdivision's local tax rate multiplied b)' the net tax capacity of the parcel. EHLERS & ASSOCIATES, INC. 3060 CentrePointe Drive, Roseville, Minnesota 55113 651.697.8500 A~~ fjy Ta~ I~ F~ u Avado1J&? o Tax Abatemen~ (M.S. ** 469.1812 to 469.1815, as amended) ~. The 1997 Ugislature enacted the Tax Abatement Law authorizing local political subdivisions, i.e., statutory or home rule charter cities, towns, counties or, in limited circumstances, school districts, to abate property taxes for (re)development purposes for a period of up to ten years, as an economic development alternative to tax increment financing. Property tax abateinent cannot be applied to land but only to the constructed improvements on the land. Property that is loca1ed within a tax increment fmancing district cannot be abated nor can the areawide fIsc.al disparities tax be abated. o Before a political subdivision can abate taxes on a property, it must first (i) enter into an abatement agreement and (ii) detennine that the benefits to the political subdivision from the proposed abatement agreement are at least equal to the costs incurred by the political subdivision. o Property tax abatement can be used only when it is found to be in the public interest. Property tax abatement is in the public interest only if the governing body of a political subdivision can fIild that the proposed constructed improvement(s) will result in at least one of the following: 1. Increase or preserve the property tax base; 2. Provide employment opportunities in the political subdivision; 3. Provide or bell' acquire or construct public facilities; 4. Help redevelop or renew blighted areas; or 5. Help provide access to services for residents. To grant a property tax abatement, a political subdivision is required to bold a public hearing on an abatement after a ten to thirty day published notice in the official newspaper. The notice must indicate that the governing body will consider granting a property tax abatement, identify the property or properties for which an abatement is under consideration, and state the total estimated amount of the abatement. After the hearing, the governing body of a political subdivision, other than a school district, may gnmt a property tax abatement by adopting a resolution in which it may limit the .abatement to the following tenns: 1.. Duration of the abatement for a period no longer than ten years (If the resolution does not specify a period of time, the abatement is for eight years.); 2. The specific dollar amount per year or in total; 3. The increase in property taxes resulting from improvement of the property; 4. The increase in property taxes resulting from increases in the market value or tax capacity of the property; or 5. Other limitations that the governing body of the political subdivision determines are appropriate. For example, the governing body could provide that the abatement may not be modified or changed during its tenn. If the abatement resolution does not provide' that the abatement may not be modified or cbanged, the governing body of the political subdivision may review and modify the abatement every second year after it is approved. 51 o o o As mentioned above, for a municipality and county, the abatement may be granted for up to a lO-year period without modification, or the terms may be modified every second year. However, the school district must initially approve the abatement, but can only grant abatements one year at a time. A school district cannot abate its entire levy, but can abate a portion of its levy determined by formula. In any given year, the total amount of property taxes that can be abated by a political subdivision under the Tax Abatement Law may not exceed (i) five percent of the current levy, or n Cii) $100,000, whichever is greater. ( Bonds issued and secured by tax abatements are not subject to the referendum requirement under Chapter 475 of Minnesota Statutes. I I 52 o o (, Abatements are authoriZed to fmancepublic infrastructure, whether ornotthe benefitted infrastructure is on or adjacent to the parcel for which the tax is abated. The owner of a parcel for which taxes are abated need not consent. Thus, a political subdivision may approve an abatement fot certain parcels and use the retained taxes to finance public improvement projects. o The notification requirements include a public hearing with a 10 to 30 day publication notice. o The findings required by a councilor board include general statements of tax base, preservation, employment, public facilities, blight, or access to services. o G.O. Abatement Bonds can be issued without affecting net debt and can be issued without a referendum under certain conditions. Authorities may increase their abatement levies to make up for shortfalls resulting from class rate compression. o Abatement does not require a property owners consent. o Abatements cannot be used in conce!'1with tax increment financing, but can be utilized after a TIF district is decertified. Another issue which complicates the abatement program is the specific authority of a governmental body to pledge its abatements to the debt of another governmental entity, if the debt is not a G.O. Abatement Bond. Many attorneys differ on the interpretations of the pledges allowed and what exactly constitutes a G.O. Abatement Bond. Q~e recommend that abatement always be utilized in conjunction with a development agreement that clearly spells out the ljeveloper's responsibilities with respect to improvements and job and wage goals. <. _ ' Abatement is a "business subsidy" and as such is subject to Minnesota Statutes S ] 16J.993 - S ] ] 6J.995. o .C' ef,.,1..._ fI' A p.~....,..;.....aeo ~ tJ. h~+a""a,..t 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 FROM: John Erar, City Administrator SUBJECT: Schedule February Council Workshop DATE: February 3, 2004 INTRODUCTION The City Council is requested to schedule a workshop to discuss a number of City business items. DISCUSSION Pursuant to City Council policy regarding the scheduling of the regular monthly workshop, Tuesday, February 24,2004 is the last Tuesday of the month. The following items are proposed as workshop agenda items: l. . Consider Revised Tree Preservation Ordinance and Policy (Council Goal) 2. Consider Zoning Ordinance Change for Temporary Structures 3. Discuss Strategic Analysis of Long- Term Resource Needs (Council Goal) 4. Consider Statutory Changes in Establishing Local Speed Limits in Rural Areas of a city Other items may be added upon request. ACTION REOUIRED Schedule the regular monthly workshop for Tuesday, February 24,2004 at 7:00 p.m. 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: John Erar, City Administrator~ FROM: Vicki V olk, City Clerk SUBJECT: Schedule Board of Review DATE: February 3,2004 INTRODUCTION Anoka County has requested that the city schedule the annual Board of Review. DISCUSSION o The Board of Review can be held between April 13, 2004 and May 7, 2004. Possible dates are as follows: 11onday,i\priI19,2004 Wednesday, April 2l, 2004 Thursday, i\pril 22, 2004 11onday, i\priI26, 2004 Thursday, April 29, 2004 If needed, continuation of the Board of Review could be at the regular Council meeting on May 4, 2004. ACTION REQUIRED Council is requested to schedule the annual Board of Review for one of the above dates. Respectfully submitted, lLL. [)~ o Vicki V olk City Clerk