HomeMy WebLinkAboutSP June 24, 2003
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1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 .(76'3) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVER.MN.US
Special City Council Workshop
Miscellaneous City Business Items
Tuesday, June 24, 2003 - 7:00 p.m.
Conference Room A & B
1. Call to Order
2. Adopt Agenda
3. Timber River Estates - Storm Sewer System Repairs
4. Consider R-l and R-2 Custom GradinglBuildability Issues
5. Amend Consulting Agreement - Saterbak & Associates
6. Community Center Project - Verbal Update
7. Other Business
8. Adjournment
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1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
To: Mayor and Council Members
CC: John Erar, City AdministratOl7J~
Bill Hawkins, City Attorney
Frank Stone, Public Works Superintendent
From: Brian KIaabel, Utility Supervisor and David Berkowitz, City Engineer
Subject: Timber River Estates - Storm Sewer System Repairs
Date: June 24, 2003
INTRODUCTION
Staff has prepared information on the Timber River Estates project in the northwest
corner of the City. The reason for this memo is to point out some of the issues of
considerable concern for the City since the project was completed. . Even during the
construction of this project, the City had several issues with the contractor. Staff would
like to start at the beginning of the project and bring all parties up to date with how this
project started and the current status of issues confronting the City.
DISCUSSION
This project was a Woodland Development project that was designed by Hakanson
Anderson Assoc., Inc. and started in 1997. The contractor hired by Woodland
Development to construct this project was J & L Construction. During the course of City
staff inspections, there were a number of items that had to be dealt with.
1. Storm sewer pipe was installed by the developer and the City was not notified
to conduct an inspection as required and discussed in the preconstruction
meeting. Some areas of the pipe had to be uncovered so inspections could be
performed. City staff was not on the job full time as this was a Hakanson
Anderson project and they were required per the Development Agreement
(pg. 6, section N) to have an authorized representative to oversee the
improvements. City staff was to do periodic inspections. According to staff
project observations, it appears no representative other than the survey crew
was on site during the construction of this project.
2. During another inspection it was noticed that a pipe had sheared off and
needed to be replaced. The developer was required to contact the City to
inspect the repair. The contractor repaired the pipe without notifying the City.
After construction was completed, city staff prepared a lengthy punch list of items that
needed correction. Staff found it very difficult to get these items corrected because the
contractor was not responding. At this point the City Engineer, Scott Erickson took over
the project to work with the developer to get these outstanding items completed.
Mayor and Council Members
June 24, 2003
Page 20f2
At the time of final inspection of this project, everything that could be seen was in
adequate shape; meaning staff didn't believe the contractor could make it any better. The
City accepted the work that had been done not knowing that some construction practices
did not meet minimum requirements. On the surface, construction work looked like
other jobs that the City has inspected and accepted.
In the fall of 2002, a sinkhole had developed in the area of 17151 Lane and Barium Street.
Knowing there had been other problems with this development, it was determined to have
the storm sewer pipe in this area televised to see if there was a problem within the pipe.
The tape recording of this section of pipe showed many structural failures. There were
many joints broken and the grade of the pipe was in question. With these types of
failures and what had occurred in the past, the entire project has been televised. Before
the televising was conducted, the entire system needed to be cleaned of all material so the
camera can go through unobstructed.
During the cleaning process, it was noticed by the city crew, all 71 structures in the
project are in need of major repairs. The cement used to mortar the adjusting rings and
doghouses around the pipes was deteriorating. The concrete would wash away with
water used by the crew to clean the inside of the manholes and catch basins. With the
mortar gone, the type of workmanship was exposed. Pictures were taken to show the
condition of the structures and what was used to fill voids around the pipe prior to being
covered with mortar. The mortar was even scraped out with a finger. This is obviously
unacceptable. The mortar should last for many years before any. maintenance is needed.
The entire storm sewer system was then televised and additional items were found.
These items will require minor repair such as solidifying joints. Approximately six (6)
additional locations need to be addressed.
BUDGET IMP ACT
With the replacement of some pipe we already know is bad and having to replace the
mortar in all structures, the cost of this project is estimated at $70,000. It may go higher
if it is determined more pipe needs to be replaced. Staff will be looking into different
options for the pipe repairs and more definite costs associated with them.
ACTION REQUIRED
For Council review and discussion. Staff will be prepared to discuss a systems repair
approach. The City Attorney has prepared a legal opinion relative to developer liability.
Respectfully submitted, (J~0.1;y~
~4
Brian Kraabel David D. Berkowitz
Sewer & Water Supervisor City Engineer
~ cc: Byron Westlund, Woodland Development
Pete Raatikka, Hakanson Anderson & Assoc.
06/19/2003 14:06 LAW OFF[CE 2140 4TH AVE ~ 7558923 NO. 587 Gl02
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LAW Omces OF
William G. Hawkins and Associates
2140 Foulml AVENUE NOIl1ll
ugal AssislDntS ANOKA. MINNESOTA 55303
WILLIAM G. HAWKINS T AMMI 1. UVEGES PHONE (763) 427-8877
BAlI.Il.Y A. SUlliVAN HOLLY G. PRovo FAX (763) 42].4213
E-MAIL HawkLaw 1 @aol.com
June 19, 2003
Mr. Dave Berkowitz
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Timber River Estates Storm Sewer Project
Dear Mr. Berkowitz:
You have asked for an opinion regarding the ability of the City to commence litigation
in order to recover the costs associated with defective workmanship in this project.
Based upon our understanding of the situation, in our opinion, the City has no legal
j mechanism which it could pursue at this time.
As I understand the situation, the City entered into a development agreement with
Woodland Development Corporation in 1997 for this project. Part of the project
called for the construction of storm sewer. Numerous problems developed during the
construction but eventually the project was completed. The City conducted a final
inspection and accepted the project. Subsequently, it became apparent that there
I were certafn construction deficiencies which were not readilv apparent at the time of
i the final inspection. Specifically, the cement and mortar used to construct the storm
i sewer system was eroding and failing and was obviously inadequate. To date, the
i estimate to replace the bad pipe and mortar is $70,000.00. Woodland apparently
contracted with J & L Construction for this part of the project. The City did not
contract directly with J & L. The development agreement with Woodland required
the developer to provide the City with a one year warranty bond for "City maintained
improvements lying within the public easements...." The one year warranty bond
became effective upon final acceptance of the project. It is my understanding that J
& L Construction has subsequently discontinued business.
JUN 19 2003 14:15 763 421 4213 PAGE. 02
06/1'3/2003 14:06 LAW OFFICE 2140 4TH AVE ~ 7558823 NO. 587 G'03
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Mr. Dave Berkowitz
June 19, 2003
Page Two
I Because the City did not have a contract with J &. l Construction, the City cannot
, pursue an action against that entity for breach of contract. The ability to pursue J &
L Construction on a negligence theory is undermined by the fact that they are no
longer in business and by the fact that a two year statute of limitations applies in
cases involving improvements to real estate. Finally, because the one year warrantY
period has expired, the City does not have the ability to pursue a breach of contract
action against Woodland Development. There does not seem to be a claim that either
the developer or the contractor committed fraud in this project and so that potential
avenue is foreclosed as well. In short, I do not see any legal remedy that is available
to the City in this case.
I trust this answers the Questions which you have raised. If you have any further
questions or wish to discuss the matter further or if you have more information which
you think we should consider, please feel free to call.
WGH/tju
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JUN 192003 14:15 763 421 4213 PAGE. 03
CITY OF ANDOVER
RURAL PLAT
NOTICE OF FINAL INSPECTION AND APPROV AL
Description: Timber River Estates
Developer: Woodland Development
Inspection Date:
I, Frank Stone/Brian KraabellKevin Starr, Public Works Superintendent/Public Works
SewerlWater Supervisorl Public Works Parks Supervisor have completed a Final
Inspection on the above referenced project and found the work to have been performed
in a satisfactory manner.
I hereby recommend final acceptance for this project.
Signed )~~4J~ Date ~ - :7 -,)ly:/c)C)
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Frank Stone
Public Works Superintendent
Signed ~~ria~ :~. ~ L? Date 9- a-r.... ~o
Public Works SewerlWater Supervisor
~' ..s ~rv-____ /0- '7-0 0
Signed . ,.,</- Date
. Kevin Starr *'
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Public Works Parks Supervisor 514; ~ ..., ~'1 \ ~
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CERTIFICATE OF PERFORMANCE
RURAL PLAT
City of Andover Plat Name Timber River Estates
Name of Developer: Woodland Development
I HEREBY CERTIFY to the City Council of the City, that I have been in charge of the
work required by the Above described contract, that all of such work has been
completed and performed, measured by and in accordance with and pursuant to the
terms of said contract.
, Signature:~~ /' --:::::- .
Date: ~/2~/ D:>
Engineer
fpayment.doc
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 199-00
MOTION by Councilmember Kniqht to adopt the following:
A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER
CONSTRUCTION OF TIMBER RIVER ESTATES AS BEING DEVELOPED BY
WOODLAND DEVELOPMENT.
WHEREAS, the developer has completed the streets and storm sewer of
Timber River Estates. ~
WHEREAS, the developer has alr~ provided a 1 year maintenance bond
and will expire on September 19. 2000
NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to
hereby approve the final street and storm sewer construction of Timber River Estates.
Adopted by the City Council of the City of Andover this 19th day of September ,
2000.
CITY OF ANDOVER
ATTEST: .r )1J~ J( d.~"
f. .E. McKelvey - Mayor
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Victoria Volk - City Clerk
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DEVELOPMENT CONTRACT 1311051
(Developer Installed Improvements)
THIS AGREEMENT made this ",oH- day of ~Aj ,
,
1997, 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" I and
Woodland Development Corporation, whose address is 830 West Main Street, Anoka,
Minnesota 55303 hereinafter referred to as the "Developer".
WHEREAS, the Developer is in the process of platting certain property
known as Timber River Estates; and
WHEREAS, the Developer desires final plat approval prior to completion
of all on-site improvements as required under the Subdivision Ordinance of the City of
Andover; and
WHEREAS, said Subdivision Ordinance authorizes the City to enter into a
performance contract secured by a bond, cash escrow or letter of credit to guarantee
completion of all such improvements following final approval and recording of the final
plat;
NOW, THEREFORE, in consideration of the mutual promises of the
parties made herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO that the
Developer will provide all labor and materials to construct the improvements described
below within the plat of Timber River Estates according to the plans and specifications
attached hereto and made a part of this Agreement.
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IT IS ALSO AGREED:
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" .
ARTICLE TWO
DEVELOPER'S IMPROVEMENTS
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 common
green way and open spaces, storm c water storage ponds and
surface drainage ways including sodCHng 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 Ordinance No. 10.
Upon completion of all grading, Developer's engineer shall certify
in writing that the plat is graded to the 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 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.
B. The Developer shall be responsible to maintain the required tree
protection for the development grading until the removal is
approved by the city tree inspector. Upon issuance of a building
permit for a lot, the Developer is responsible to notify the builders
and individual owners within the development that they assume
and are responsible for erosion control, tree protection and
protection of water and sewer services.
C. 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 presenting soil erosion.
The Developer shall submit an erosion control plan,
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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.
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 respreadillg over the developed area. 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.
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 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
name signs at all newly opened intersections within the
development. The City shall install all such signage and 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 all dead and diseased trees.
G. The Developer shall be responsible for street maintenance,
including curhs, boulevards, sod and street sweeping until the
project is complete. All streets shail be maintained free of debris
and soil until all lots within the Subdivision have homes
constructed upon them. 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
become 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.
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H. The Developer shall furnish street lights in accordance with the
City's Street Lighting Ordinance No. 86. The Developer shall
conform to Ordinance No. 86 in all respects. The City shall order
the street lights and Developer shall reimburse the City for such
cost.
General Requirements:
1. Street lighting shall be owned, installed, operated and
maintained by the electric utility company. City and electric
utility company 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 of the development.
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
or construction and prior to the City awarding construction
contracts for public utilities.
K. The Developer shall make provision that all gas, telephone and
electric utilities shall be installed to serve the development.
L. Cost of Developer's Improvements, description and completion
dates are as follows:
Description of Improvements Estimated Cost Date to be
Completed
1. Site Grading and Erosion Control. $ 30,000.00 Nov. 14, 1997
and Street/Utility Improvements
2. Street Maintenance. $ 500.00 Open
3. Street Construction. $ -0-
4. Storm Sewer Construction. $ -0-
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5. Lot Stakes. $ 2,000.00 Nov. 14, 1997
6. Diseased Tree Removal. $ 500.00 Open
7. Street Lights -0-
8. Draintile 2,550.00 Open
9. Park, Playground, Shelters & Trail 15,000.00 May 29, 1998
Total Estimated Construction Cost
for Developer's Improvements $ 50,550.00
Estimated Legal, Engineering and
Administrative Fee (lW%) 15% $ 7,582.50
Total Estimated Cost of Developer $ 58,132.50
Improvements
Security Requirement (150%) $ 87,200.00
M. Construction of Developer's Improvements:
1. Construction. The construction, installation, materials and
equipment shall . be in accordance with the plans and
specifications approved by the City.
2. Insoection. 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.
3. Easements. The Developer shall dedicate to the City, prior
to approval of the final plat, at no cost to the City, all
permanent or temporary easements necessary for the
construction and installation of the Developer's
Improvements as determined by the City. All such
easements required by the City shall be in writing, in
recordable form, containing such terms and conditions as
the City shall determine.
4. Faithful Performance of Construction Contracts and Bond.
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 and hereby guarantees the
workmanship and materials for a period of one year
followinQ-th8--City-'s.- finaLacceptan~e of the De~__
Improvements. Concurrently with the c~ccution hereof by
the DevelOper, the Developer will furnish to, and at all times
thereafter maintain with the City, a cash deposit, certified
check, Irrevocable Letter of Credit, or a Performance Bond.
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based on one hundred fifty (150%) percent of the total
estimated cost of Developer's Improvements as indicated in
Paragraph K. An Irrevocable Letter of Credit or
Performance Bond 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 or Performance Bond for the purpose of
guaranteeing the terms and conditions of this contract.
The Irrevocable Letter of Credit or Performance Bond shall
be renewed or replaced by not later than twenty (20) days
prior to its expiration with a like letter or bond.
5. Reduction of Escrow Guarantee. The Developer may
request reduction of the Letter of Credit, Performance
Bond, or cash deposit based on prepayment or the value of
the completed improvements at the time of the requested
reduction. The amount of reduction will be determined by
the City and such recommendation will be submitted to the
City Council for action.
* N. The Developer shall provide a registered professionaLel}giDHer _ OL
their duly authorized representative t9 oversee, at theJ)eveloper's
~e, the Developer'S1mprovements until such improvements
are completed and ac~eRted bv the City.__
O. Upon final acceptance of the Developer's improvements, a one
year maintenance bond shall be provided by the Developer for any
areas not covered by the Minnesota Pollution Control Agency
NPDES erosion control permit. The warranty will cover the cost
of turf restoration and erosion control.
P. Upon final acceptance of the City maintained improvements lying
within the public easements, a one year warranty bond shall be
provided to the City by the Developer for 25% of the
improvement costs unless otherwise directed by the City
Engineer.
a. The Developer shall be required to pay the costs associated with
the first sealcoat for all new streets as a part of the improvement
costs for this development. The cost will be One and no/100
($1.00) Dollars per square yard of new street installed.
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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 construction of 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 and financing of the
aforementioned improvements.
The Developer agrees to deposit with the City such sums as required by
the City Administration. 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
Building permits will be issued for construction upon lots within the plat
as long as the Developer and/or builder constructs their own access roads which
comply with the Uniform Fire Code that has been adopted by the City Council.
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No Certificate of Occupancy permit shall be issued for any house in the
plat until the following have been completed: (excluding Park)
A. 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.
B. Removal of all dead or dying trees 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.
C. The asphalt surface has been constructed.
The Developer will notify the City a minimum of two (2) weeks prior to
any Certificate of Occupancy permit being required.
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, streets to Class 5 subbase, unless the City
has agreed in writing to waive this requirement as to a specific premises.
The Developer shall provide a cash deposit in an amount determined by
the City for inspection of improvements constructed within public easements. Upon
acceptance of these improvements, the City will refund the unused balance of this
deposit to the Developer.
The City building official will issue a cease and desist order for violation
of 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 tIle Developer, its agents or assigns.
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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 easements shall
become City property without further notice or action.
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 easements.
Prior to acceptance by the City of the city maintained improvements
lying within the public 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 andlor all its subcontractors shall take out and maintain until
one (1) year after the City has accepted the private improvements, 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 noll00
($500,000.00) Dollars for one person and One Million and noll00 ($1,000,000.00)
Dollars for each occurrence; limits for property damage shall be not less than Two
Hundred Thousand and noll00 ($200,000.00) Dollars for each occurrence; or a
combination singlE: limit policy of One Million and noll00 ($1,000,000.00) Do:lars or
more. The City shall be named as an additional insured on the policy, and the
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coverage prior to the City signing the plat. 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 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 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 personal!',' 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.
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C. Final Plat Aooroved. 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, bond and security.
D: Incorooration 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.
ARTICLE TWELVE
REMEDIES FOR BREACH OF CONTRACT
In the event that Developer, builder, or any subcontractor violates any of
the covenants and agreements contained in this Development Contract and to 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.
DEVELOPER
WOODLAND DEVELOPMENT, INC. CITY OF ANDOVER
() jJ ~ t
By By j,. . ~ ;{:~> ~~'
'/? /. I j/ Mayor
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By ~d . A./~'"~/- AlTEST:
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STATE OF MINNESOTA )
\ ) 55.
COUNTY OF ANOKA )
On this /7~ day of (Y~A/ , 1997, before me, a
Notary Public within and for said County, personally appeared J. E. McKelvey 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.
~a. U~J
tary Public
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. . SHIRlEY A. CUN1lIlII
. : NOTMY PUIUO-UlNHD01'A
STATE OF MINNESOTA ) ."'M:uu..~~1~~;1~
) 55.
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COUNTY OF ANOKA )
On this /'7 <a day of t9~ , 1997, before me, a Notary
Public within and for said County, personally appeared :.6'YA""'-""./ I{]l, li/Jt,,;;1'f..~ ../
and ~ L ltJR~...u..-, , to me known to be the r/M:.e ./Z.LI~ and
7J~ - ~ .A'~ of ~ and who executed the foregoing instrument
~.
and acknowledged that they executed the same on behalf of said ~~
~o.~_
Nota Public
This instrument was drafted by: .
SHIIlIEf A. CUNlllll I
William G. Hawkins and Associates N01lUW PUauc-UINNE801ll
2140 Fourth Avenue North ANOKA COUNTY
Anoka, MN 55303 .,,-~ . r -........_
.
. .
-13-
C I T Y o F (j)
NDOVE
/
1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administrator.t-v
Will Neumeister, Community evelopment DirectorWL
FROM: Courtney Bednarz, City Planne~
SUBJECT: Custom Grading of Rural Lots
DATE: June 24, 2003
INTRODUCTION
The Planning Commission and Council have asked staff to prepare information to consider
reducing the amount of buildable area required on rural lots. The purpose of this amendment is
to preserve more of the natural character of the rural areas and allow more potential home sites
without affecting the minimum lot size of2.5 acres.
DISCUSSION
, Applicable Ordinance - Ordinance 10, Section 9.06(A2.)
/ This Ordinance Section with potential changes is attached for your review.
Limited Scope of Amendment
It is important to begin this discussion with the understanding that this ordinance amendment
will only affect the size of the area that needs to meet the buildability requirements of Ordinance
10. It is proposed that the 22,500 square foot contiguous area be eliminated as a requirement.
However, no changes are recommended to how a home can be placed in relation to the water
table, the size of on site septic areas or lot size requirements.
Situation
As more of the City develops, more parcels of land with wetlands and significant changes in
topography will be encountered. In some situations these development constraints will prevent
lots from being built upon. In other situations the 150 foot wide by 150 foot deep required
buildable area will cause significant grading and tree removal, thus eliminating the rural
character of the property.
Proposal
The proposed ordinance amendment would require only that area needed for the foundation of
the house to be subject to the buildability requirements of Ordinance 10. This amendment would
eliminate the 150 foot wide by 150 foot deep buildable area. As a result, homeowners would be
able to choose to fill/flatten areas around their house or to preserve the existing rural character
based on their values instead of having this decision made for them by an ordinance
/ requirement.
Eliminating the 150 foot by 150 foot buildable area allows more flexibility in choosing a
location for new homes. Custom grading techniques will allow builders to work with the
topography of the lot instead of against it.
This change will also provide more flexibility in the establishment of new lot lines as they would
no longer need to meander around the 150 foot by 150 foot buildable area.
Discussion Item
Eliminating the 150 foot by 150 foot buildable area will remove the minimum standard for a
building pad. Without some sort of minimum, developers may submit plats with very small
building pads to save money on site work. Therefore, some type of minimum requirement is
needed.
This requirement could range from the minimum house size of 1,200 square feet up to the
existing requirement of 22,500 square feet. Staff would recommend a minimum building pad
size of 3,600 square feet. This number is based on a 60 foot by 60 foot building envelope that
would accommodate the vast majority of homes constructed in the City. Staff would prefer to
use 3,600 square feet instead of a static 60 foot by 60 foot box to allow some flexibility for a
home site to fit the character of each lot. One example of this would be a walkout rambler with
an attached garage that may be 70 or 80 feet in length, but only 30 to 45 feet wide.
Other Examples
Two example surveys are attached to illustrate the differences between the current and proposed
/ buildability requirements.
Additional Information
Staff is attempting to gather information from other cities for comparison purposes. The results
of this survey will be brought to the meeting.
ACTION REQUESTED
The Council is asked to discuss the proposed ordinance amendment and determine whether the
Planning Commission should hold a public hearing to officially consider this amendment.
Attachments
Proposed Ordinance 10, Section 9.06A2.
Sample Survey #1
Sample Survey #2
Cc:
/
A2.Areas Lacking Municipal Sanitary Sewer Outside the Metropolitan Urban Service
Area. In areas which are not served by municipal sanitary sewer and outside the Metropolitan
Urban Service Area, no residential lot shall be developed for residential purposes unless it
contains a minimum of 108,900 square feet, of whieh 22,500 square feet of eontigHous land area
is buildable with a minimum 'Nidth of at least one hundred fifty (150') feet and a minimum depth
of one hundred fifty (150') fcet. In addition, there shall also be two (2) 5,000 square feet areas
designated and staked for the primary and secondary on-site septic drainfield based on design
criteria for a four (4) bedroom home. The designated drainfield locations as stated above shall
comply with Chapter 7080 as amended. The location of the primary and secondary sites shall be
indicated on the preliminary grading plan and the design specifications for the drainfields shall
be submitted at the time of the submittal of the preliminary plat. A buildin!! Dad shall be
created for each lot with a minimum size of 3.600 conti!!uous square feet. Said let buildin!!
Dad shall be required to have a finished grade of at least six (6') feet above the seasonal high
water mark and shall also require the lowest floor to be a minimum of three (3') feet above the
seasonal high water mark or one (I') foot above the designated or designed one hundred (100)
year flood elevation whichever is higher unless evidence is submitted and certified by a
geotechnical engineer that shall be reviewed and certified by an independent geotechnical
engineer hired by the City at the expense of the developer and approved by the City Council that
a separation of less that three (3') feet can be achieved and is warranted. Said lot shall also have
a width of at least three hundred (300') feet as measured at the front building setback line. For
lots which abut a cul-de-sac, the lot width at the setback line is to be a minimum of one hundred
sixty (160') feet. Two lots maximum are allowed at the end of each cul-de-sac regarding the lot
width. The preliminary plat shall show a feasible plan for future re-subdivision by which lots
may be re-subdivided to meet the size and dimension standards oflots in areas served by
municipal sewer where the City deems it necessary in those areas that can be served in the future.
These provisions shall not apply to plats approved by the City prior to October 17, 1978. (10C,
10-17-78; 10M, 3-7-89; lOR, 8-7-90; lOS, 11-19-91; lOX, 6-6-95; lOY, 9-25-96; 10EE, 6-6-00)
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LEGEND ' / "" HeM> >
. .... "--'-'t to...d I ,/....
, "'_tHtoncl"'-"M
.ft lie",," No. 1&420.
... - ~t" ..;.Iin9 ".....s11On
~.. D.not.. ~0Md ......t_
lr~grltde.Cl""'ClOfftMt~ N
. ;r- _ O_t... dr~ .. ulllly ........t I hereby certify that this s~. plan or "'part ..as pr.par<<t by DATE
.. 0_1... dr~ .-- m. or IoInd., my direct supenision and thai. I om a duty Licensed
Q . D.ftot.. offset iron I land SUl"'Weyor under the lows of the Stat. 01 Winnnota.
Becwin9S~"._ec1
.. 0...01.. prGPOMd l:Oflt_ ~/ ~
fram ....._1 DI' 9"lldir>9 p"-> 50 0 50 100 05/15/03
SOIL SORING (BY OTHERS) I I Chonn R. Christopherson. WN LicenM No. lS~20 Dot.
SCAlE IN FEET
(j)
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: Amend Consulting Agreement - Saterbak & Associates
DATE: June 24, 2003
INTRODUCTION
Saterbak and Associates has requested an extension of two weeks in the capital campaign
process. Staff met with Kurt Saterbak and Dave Assmus to discuss changes to their consulting
agreement.
DISCUSSION
Due to project decision-making issues and holiday time frames, Saterbak has requested that the
capital campaign timeline be extended to February 15, 2004 and that performance escrow
achievement thresholds be modified to reflect existing fundraising realities. Changes to the
performance escrow percentage thresholds will not result in any additional costs to the City. The
extended fundraising time frame should not affect project bidding, or prevent early bid packages
from being released in late 2003.
Attached, please find a copy of the amended agreement for Council consideration.
BUDGET IMPACT
None.
ACTION REQUIRED
Consider amending the consulting agreement with Saterbak and Associates as presented.
CAPITAL CAMPAIGN PHASE II CONSULTANT AGREEMENT I
As Amended
CITY OF ANDOVER COMMUNITY CENTER PROJECT
THIS AMENDED AGREEMENT, entered into this day of , 2003 by I
The City of Andover, Minnesota, hereinafter referred to as the Client, and Saterbak & Associates
of La CresseJanesville, Wisconsin, hereinafter referred to as Saterbak: I
Witnesseth:
1. The client desires the services ofSaterbak in directing and managing a fund-raising program.
2. Saterbak hereby agrees to supervise and direct with appropriate staff, for and on behalf of the
Client, a fund-raising program in support of the project described in the Report of the
Planning Study dated June 24, 2002. Service shall commence immediately and shall
continue through January 31, 2001 Februarv 15. 2004. I
3. The Senior Counsel assigned by Saterbak to provide service will supervise and direct, in
cooperation with the Client, all plans of the program and the organization, and will provide to
the Client counsel, supervision, and advice as needed throughout the period of the program.
4. The Client will provide program support and will cooperate in the recruitment of volunteer
chairpersons and committee members. The client will also assist in advancing the interests of
the capital campaign to reach the funding goal established by the Campaign Cabinet, as
recommended by Saterbak and approved by the City Council, by the closing date of service I
established as January 31, 2001 Februarv 15. 2004.
5. The Client will appoint a representative who will enlist and head a competent.staffto audit
all campaign returns, render reports of amounts of money and subscriptions received and
deposit all funds in a bank to be designated by the Client; it being understood that funds
belonging to the Client shall at no time be in the private possession of Saterbak staff
members.
6. The Campaign Cabinet will prepare and submit a campaign operating budget for approval
and periodic inspection by the Client. The Client will pay all necessary expenses incurred for
the campaign such as clerical assistance, office equipment, rent and supplies, automobile or
other travel expense, postage, printing, publicity and telephone service except for those
expenses incurred by Saterbak.
7. The Client will purchase the Lifeline Nonprofit Management System ($450.00 plus
shipping) to maintain campaign records and track pledge payments throughout the life of the
campaign.
8. The Client will be reimburse Saterbak for counsel travel, meals, lodging, and local
transportation expenses (at cost) in providing general campaign supervision, such expenses
not to exceed twenty-five thousand dollars ($25,000.00). Saterbak agrees to maintain
detailed records of reimbursable expenses and agrees to allow client to review such records
upon request.
9. The program objective is to be determined by the Campaign Cabinet as recommended by
Saterbak and approved by the City Council.
10. The Client agrees to pay to Saterbak for its services a fee of One Hundred Thirty-Five
Dollars ($135.00) per hour of service provided, with total consulting fees not to exceed One
Hundred Seventy-five Thousand Dollars ($175,000.00). Client shall pay Saterbak a base rate
of ninety-five dollars ($95.00) per hour for the duration of the contract to an amount not to
exceed $123,000, the client will retain in escrow forty dollars ($40.00) per hour as a
performance escrow not to exceed $52,000.
a. In the seventh month of the contract, Client shall pay to Saterbak the base rate plus
fifty twentv-five percent (W25%) of the escrowed amount providing that fifty
twentv-five percent (W25%) of the goal has been realized in gifts and pledges no
later than August 31, 2003. If less than W25% of the goal is achieved, the Saterbak
will receive $0 of the performance escrow. If more than W25% of the goal has been
achieved, Saterbak shall receive a percentage of the performance escrow equivalent to
the percentage of the campaign goal achieved.
b. In the eighth month of the contract, Client shall pay to Saterbak the base rate plus
fortysHtty percent (eMO%) of the escrowed amount providing that fortysHtty percent
<iQ@%) of the goal has been realized in gifts and pledges no later than September 30,
2003. Ifless than eMO% of the goal is achieved, Saterbak will receive $0 of the
performance escrow. If more than eMO% of the goal has been achieved, the Saterbak
shall receive a percentage of the performance escrow equivalent to the percentage of
the campaign goal achieved.
c. In the ninth month of the contract, Client shall pay to Saterbak the base rate plus
scycntyfiftv-five percent (+G55%) of the escrowed amount providing that
sC'lcntyfiftv-five percent (+G55%) of the goal has been realized in gifts and pledges
no later than October 31, 2003. Ifless than +G55% of the goal is achieved, Saterbak
will receive $0 of the performance escrow. If more than +G55% of the goal has been
achieved, the Saterbak shall receive a percentage of the performance escrow
equivalent to the percentage of the campaign goal achieved.
d. In the tenth month of the contract, Client shall pay to Saterbak the base rate plus
, eightyseventv percent (&970%) of the escrowed amount providing that eighty seventv
percent (&970%) of the goal has been realized in gifts and pledges no later November
30,2003. Ifless than &970% of the goal is achieved, the Saterbak will receive $0 of
the performance escrow. If more than &970% of the goal has been achieved, Saterbak
shall receive a percentage of the performance escrow equivalent to the percentage of
the campaign goal achieved.
e. In the eleventh month of the contract, Client shall pay to Saterbak the base rate plus
one hundred percent (-lOO80%) of the escrowed amount, including interest earned on I
the escrow account, providing that onc hundrcd eightv percent (-lOO80%) of the goal
has been realized in gifts and pledges no later than December 31, 2003. Saterbak
agrees that if more than 100% of the campaign goal is achieved, no additional fees
will be paid by the client. I
f. Ifby January 3 I Februarv 15,2004, Saterbak does not achieve 100% of the campaign
goal, but achieves at least 90% of the campaign goal as established by the Campaign
Cabinet, Saterbak will receive 80% of the performance escrow held in trust by the
City, not including interest earned on the escrow account. Ifless than 80% of the I
campaign goal is reached by January 31 Februarv 15, 2004, Client shall retain any
remaining performance escrow, including interest earned on the escrow account, and
nothing further will be due Saterbak. Base consulting fees of $95.00 per hour,
performance escrow amounts due, and expenses will be billed on a monthly basis and
are payable upon receipt of the invoice.
11. If it appears that the campaign will extend beyond January 3 I Februarv 15,2004, Saterbak I
will notify the client as soon as possible, but not less than thirty days before the expiration of
this contract. Client reserves the right to terminate the contract on January 31 F ebruarv 15,
2004 and/or renegotiate the terms and conditions of this agreement beyond January
J.l.Februarv 15,2004 at its discretion.
12. The Client reserves the right to terminate this agreement at any time upon two weeks prior
written notice to the La Crosse Janesville, Wisconsin office ofSaterbak with payment only to I
the effective date of such termination.
13. Any revision of this agreement must be in writing and is valid only when countersigned by a
duly authorized representative of the Client and of Saterbak.
14. Formal authority for the execution of this agreement by the officers or agents of both parties
is hereby acknowledged and assured; the Client certifying that its representatives have
carefully read the agreement and that no guarantee of service by Saterbak, other than those
herein specified have been made, verbally or otherwise; and until all obligations herein
contemplated are discharged, this agreement shall be binding on both parties.
IN WITNESS WHEREOF, the Saterbak and Client have signed and sealed this instrument this
day of 20
-
Mike Gamache l.llen J.Kurt Saterbak I
Mayor President
City of Andover, Minnesota Saterbak & Associates
Attest:
Vicki V olk
City Clerk
"-
I