HomeMy WebLinkAboutCC February 21, 1995
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CITY of ANDOVER
Regular city Council Meeting - February 21, 1995
Call to Order - 7:00 pm
Resident Forum
Agenda Approval
Consent Agenda
Approval of M1nutes
Discussion Items
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1. Public Hearing/Flood plain Ordinance
2. Public Hearing/Vacation of Right-of-way/Bunker Lake Blvd.
Frontage Road
3. Hire Fire Chief
4. Approve Development contract/Urban Area
5. Approve Development Contract/Rural Area
6. Receive Supplemental Feasibility Report/Crown point East/
94-22, Cont
7. Approve Revised Preliminary plat Resolution/Crown pointe
East, Cont.
8..Approve Final Plat/Crown Pointe East, Cont.
9. Approve Development Contract/Crown pointe East, Cont.
10. Award Bids/Crown pointe East
11. Approve Development Contract/Sharon's 2nd Addition
12. Approve Final Plat/Sharon's 2nd Addition
13. Schedule Special Meeting w/Park & Recreation Comlldssion
14. Accept Easements/93-30/Bunker Lake Blvd. Frontage Road
15. Approve Plans & Specs/94-1/City Hall Park Complex *1 Lighting
16. Approve Final payment/92-25/University Avenue
17. Accept Drainage & Utility Easements/Foxberry Farms
18. Order Appraisals for purchase of property/94-18, Cant.
19. Approve Classification and Sale of Forfeit Land
20. Septic Update
EDA Meeting
21. Public Hearing/TIF Redistricting
22. Appoint EDA Officers
Staff, Commissions, Committees
23. Backyard Composting Program
24. Toro Mulching Mower program
Non-Discussion/Consent Items
25. Authorization to purchase Street Sweeper
26. Approve Final payment/93-18/Pine Hills
Mayor-Council Input
Payment of Claims
Adjournment
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE February 21, 1995
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
f\O Approval of Minutes FOR AGENDA
City Clerk
ITEM 1))
f\O
Approval of Minutes Volk 6.b .
V.
The City Council is requested to approve the following minutes:
February 7, 1995 Regular Meeting
February 7, 1995 HRA Meeting
February 9, 1995 special Meeting
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MOTION BY: SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE February 21, 1995
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
NJ. Discussion FOR AGENDA
ITEM Planning ~
NJ. Public Hearing BY:
Ordinance Repealing
Ordinance No. 50 David L. Carlberg
Regulating Floodplains Planning Director
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The City Council is asked to hold a public hearing and approve
the attached ordinance repealing Ordinance No. 50, Regulating
Floodplains. The Department of Natural Resources has reviewed a
copy of the ordinance and has suggested some minor changes to
Section 2.2 as indicated on the attached letters received from the
DNR. The planning Commission has reviewed the ordinance and
recommneds approval.
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MOTION BY:
SECOND BY:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 107
AN ORDINANCE REPEALING ORDINANCE NO. 50, ADOPTED SEPTEMBER 12,
1980 AND ORDINANCE NO. 50A, ADOPTED NOVEMBER 3, 1981 KNOWN AS THE
FLOODPLAIN ORDINANCE.
AN ORDINANCE FOR THE MANAGEMENT OF FLOOD PLAINS IN THE CITY OF
ANDOVER, ANOKA COUNTY, MINNESOTA
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES ORDAIN AS FOLLOWS:
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
1.1 Statutory Authorization.
The Legislature of the State of Minnesota has, in
Minnesota Statutes chapter 103F and 462, delegated the
responsibility to local governmental units to adopt
regulations designed to minimize flood losses. Therefore, the
City Council of Andover, Minnesota does ordain as follows:
1.2 Findings of Fact.
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1.21 The flood hazard areas of Andover, Minnesota are
subject to periodic inundation which results in potential loss
of life, loss of property, health and safety hazards,
disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely
affect the public health, safety, and general welfare.
1.22 Methods Used to Analyze Flood Hazards. This
Ordinance is based upon a reasonable method of analyzing flood
hazards which is consistent with the standards established by
the Minnesota Department of Natural Resources.
1.3 Statement of purpose.
It is the purpose of this Ordinance to promote the public
health, safety, and general welfare and to minimize those
losses described in Section 1.21 by provisions contained
herein.
SECTION 2.0 GENERAL PROVISIONS.
2.1 Lands to Which Ordinance Applies.
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This ordinance shall apply to all lands within the
jurisdiction of the City of Andover shown on the Official
zoning Map and/or the attachments thereto as being located
within the boundaries of the Floodway, Flood Fringe, or
General Flood plain Districts.
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2.2 Establishment of Official zoning Map.
The Official zoning Map together with all materials
attached thereto is hereby adopted by reference and declared
to be a part of this ordinance. The attached material shall
include the following:
1. Flood Insurance study for the city of Andover prepared by
the Federal Insurance Administration dated March, 1980.
2. Flood Boundary and Floodway Map, and Flood Insurance Rate
Map dated september 30, 1980 and the amended map panels (10 of
15 and 15 of 15 dated July 18, 1983).
3. A copy of the Federal Emergency Management Agency (FEMA)
approval letter dated January 17, 1995 (including appropriate
attachments) referencing the amended floodway boundary
revision (map panel 0015) along Coon Creek between cross-
sections "L" and "M" just upstream of the South Coon Creek
Drive.
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The Official zoning Map shall be on file in the office of
the City Clerk and Zoning Administrator.
2.3 Regulatory Flood protection Elevation.
The Regulatory Flood Protection Elevation shall be an
elevation no lower than one foot above the elevation of the
regional flood plus any increases in flood elevation caused by
encroachments on the flood plain that result from designation
of a floodway.
2.4 Interpretation.
2.41 In their interpretation and application, the
provisions of this Ordinance shall be held to be minimum
requirements and shall be liberally construed in favor of the
governing body and shall not be deemed a limitation or repeal
of any other powers granted by State Statutes.
2.42 The boundaries of the zoning districts shall be
determined by scaling distances on the Official zoning Map.
Where interpretation is needed as to the exact location of the
boundaries of the district as shown on the Official zoning
Map, as for example where there appears to be a conflict
between a mapped boundary and actual field conditions and
there is a formal appeal of the decision of the zoning
Administrator, the Board of Adjustment shall make the
necessary interpretation All decisions will be based on
elevations on the regional (100-year) flood profile and other
available technical data. Persons contesting the location of
the district boundaries shall be given a reasonable
opportunity to present their case to the Board and to submit
.' technical evidence.
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2.5 Abrogation and Greater Restrictions.
No structure or land shall hereafter be used and no
structure shall be located, extended, converted, or
structurally altered without full compliance with the terms of
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this Ordinance and other applicable regulations which apply to
uses within the jurisdiction of this Ordinance.
2.6 warning and Disclaimer of Liability.
This Ordinance does not imply that areas outside of the
flood plain districts or land uses permitted within such
districts will be free from flooding or flood damages. This
Ordinance shall not create liability on the part of the City
of Andover or any officer or employee thereof for any flood
damages that result from reliance on this Ordinance or any
administrative decision lawfully made thereunder.
2.7 Severability.
If any section, clause, provision, or portion of this
Ordinance is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of this Ordinance
shall not be affected thereby.
2.8 Definitions.
unless specifically defined below, words or phrases used
in this Ordinance shall be interpreted so as to give them the
same meaning as they have in common usage and so as to give
this Ordinance its most reasonable application.
2.811 Accessory Use or structure - a use or structure on
the same lot with, and of a nature customarily incidental
and subordinate to, the principal use or structure.
2.812 Basement - means any area of a structure,
including crawl spaces, having its floor or base subgrade
(below ground level) on all four sides, regardless of the
depth of the excavation below ground level.
2.813 Conditional Use - means a specific type of
structure or land use listed in the official control that
may be allowed but only after an in-depth review
procedure and with appropriate conditions or restrictions
as provided in the official zoning controls or building
codes and upon a finding that: (1) certain conditions as
detailed in the zoning Ordinance exist and (2) the
structure and/or land use conform to the Comprehensive
Plan and are compatible with'the existing neighborhood.
2.814 Equal Degree of Encroachment - a method of
determining the location of floodway boundaries so that
flood plain lands on both sides of a stream are capable
of conveying a proportionate share of flood flows.
2.815 Flood - a temporary increase in the flow or stage
of a stream or in the stage of a lake that results in the
inundation of normally dry areas.
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2.816 Flood Frequency - the frequency for which it
is expected that a specifi~ flood stage or discharge
may be equalled or exceeded.
2.817 Flood Fringe - that portion of the flood plain
outside of the floodway. Flood fringe is synonymous with
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the term "floodway fringe" used in the Flood Insurance
Study for the City of Andover.
2.818 Flood plain - the beds proper and the areas
adjoining a wetland, lake or watercourse which have been
or hereafter may be covered by the regional flood.
2.819 Flood-proofing - a combination of structural
provisions, changes, or adjustments to properties and
structures subject to flooding, primarily for the
reduction or elimination of flood damages.
2.820 Floodway - the bed of a wetland or lake and the
channel of the watercourse and those portions of the
adjoining flood plain which are reasonably required to
carry and discharge the regional flood.
2.821 Obstruction - any dam, wall, wharf, embankment,
levee, dike, pile, abutment, projection, excavation,
channel modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, or matter in, along,
across, or projecting into any channel, watercourse, or
regulatory flood plain which may impede, retard, or
change the direction of the flow of water, either in
itself or by catching or collecting debris carried by
such water.
2.822 principal Use or structure - means all uses or
structures that are not accessory uses or structures.
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2.823 Reach - a hydraulic engineering term to describe a
longitudinal segment of a stream or river influenced by a
natural or man-made obstruction. In an urban area, the
segment of a stream or river between two consecutive
bridge crossings would most typically constitute a reach.
2.824 Regional Flood - a flood which is representative
of large floods known to have occurred generally in
Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the
magnitude of the lOa-year recurrence interval. Regional
flood is synonymous with the term "base flood" used in
the Flood Insurance study.
2.825 Regulatory Flood protection Elevation - The
Regulatory Flood protection Elevation shall be an
elevation no lower than one foot above the elevation of
the regional flood plus any increases in flood elevation
caused by encroachments on the flood plain that result
from designation of a floodway.
2.826 Structure - anything constructed or erected on the
ground or attached to the ground or on-site utilities,
including, but not limited to, buildings, factories,
sheds, detached garages, cabins, manufactured homes,
travel trailers/vehicles not meeting the exemption
criteria specified in Section 9.31 of the Ordinance and
other similar items.
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2.827 Variance - means a modification of a specific
permitted development standard required in an official
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control including this Ordinance to allow an alternative
development standard not stated as acceptable in the
official control, but only as applied to a particular
property for the purpose of alleviating a hardship,
practical difficulty or unique circumstance as defined
and elaborated upon in a community's respective planning
and zoning enabling legislation.
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS.
The flood plain areas within the jurisdiction of this
ordinance are hereby divided into three districts: Floodway
District (FW), Flood Fringe District (FF), and General Flood Plain
District (GFP).
3.1 Districts.
3.11 Floodway District.
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The Floodway District shall include those areas
designated as floodway on the Flood Boundary and Floodway Map
adopted in Section 2.2.
3.12 Flood Fringe District.
The Flood Fringe District shall include those areas
designated as floodway fringe on the Flood Boundary and
Floodway Map adopted in Section 2.2.
3.13 General Flood plain District.
The General Flood plain District shall include those
areas designated as unnumbered A Zones on the Flood Insurance
Rate Map adopted in Section 2.2.
The boundaries of these districts shall be shown as an
attachment to the Official zoning Map.
3.2 Compliance.
No new structure or land shall hereafter be used and no
structure shall be located, extended, converted, or
structurally altered without full compliance with the terms of
this Ordinance and other applicable regulations which apply to
uses within the jurisdiction of this Ordinance. Within the
Floodway, Flood Fringe and General Flood Plain Districts, all
uses not listed as permitted uses or conditional uses in
Sections 4.0, 5.0 and 6.0 that follow, respectively, shall be
prohibited. In addition, a caution is provided here that:
3.21 New manufactured homes, replacement manufactured
homes and certain travel trailers and travel vehicles are
subject to the general provisions of this Ordinance ,and
specifically Section 9.0;
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3.22 Modifications, additions, structural alterations or
repair after damage to existing nonconforming structures and
nonconforming uses of structures or land are regulated by the
general provisions of this Ordinance and specifically Section
11.0; and
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3.23 As-built elevations for elevated or flood proofed
structures must be certified by ground surveys and flood
proofing techniques must be designed and certified by a
registered professional engineer or architect as specified in
the general provisions of this Ordinance as stated in Section
10.0 of this Ordinance.
SECTION 4.0 FLOODWAY DISTRICT (FW)
4.1 Permitted Uses.
4.11 General farming, pasture, grazing, outdoor plant
nurseries, horticulture, truck farming, forestry, sod farming,
and wild crop harvesting.
4.12 Industrial-commercial loading areas, parking
areas, and airport landing strips.
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4.13 Private and public golf courses, tennis courts,
driving ranges, archery ranges, picnic grounds, boat launching
ramps, swimming areas, parks, wildlife and nature preserves,
game farms, fish hatcheries, shooting preserves, target
ranges, trap and skeet ranges, hunting and fishing areas, and
single or multiple purpose recreational trails.
4.14 Residential lawns, gardens, parking areas, and
play areas.
4.2 standards for Floodway Permitted Uses.
4.21 The use shall have a low flood damage potential.
4.22 The use shall be permissible in the underlying
zoning district.
4.23 The use shall not obstruct flood flows or increase
flood elevations and shall not involve structures, fill,
obstructions, excavations or storage of materials or
equipment.
4.3 Conditional Uses.
4.31 structures accessory to the uses listed in 4.1
above and the uses listed in 4.32-4.38 below.
4.32 Placement of fill.
4.33 Extraction and storage of sand, gravel, and other
materials.
4.34 Marinas, boat rentals, docks, piers, wharves, and
water control structures.
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4.35 Railroads, streets, bridges, utility transmission
lines, and pipelines.
4.36 storage yards for equipment, machinery, or
materials.
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4.37 Travel trailets and travel vehicles either on
individual lots of record or in existing or new subdivisions
or commercial or condominium type campgrounds, subject to the
exemptions and provisions of Section 9.3 of this ordinance.
4.38
dikes and
intent is
where the
frequency
frequency
Structural works for flood control such as levees,
floodwalls constructed to any height where the
to protect individual structures and levees or dikes
intent is to protect agricultural crops for a
flood event equal to or less that the la-year
flood event.
4.4 Standards for Floodway Conditional Uses.
4.41 All Uses. No structure (temporary or permanent),
fill (including fill for roads and levees), deposit,
obstruction, storage of materials, or equipment, or other uses
may be allowed as a Conditional Use that will cause any
increase in the stage of the lOa-year or regional flood
or cause an increase in flood damages in the reach or reaches
affected.
4.42 All floodway Conditional Uses shall be subject to
the procedures and standards contained in Section 10.4 of this
Ordinance.
4.43 The Conditional Use shall be permissible in the
underlying zoning district.
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4.44 Fill.
(a) Fill, dredge spoil and all similar materials
deposited or stored in the flood plain shall be protected
from erosion by vegetative cover, mulching, riprap or
other acceptable method.
(b) Dredge spoil sites and sand and gravel operations
shall not be allowed in the floodway unless a long-term
site development plan is submitted which includes an
erosion/sedimentation prevention element to the plan.
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(c) As an alternative, and consistent with
Subsection (b) immediately above, dredge spoil disposal
and sand and gravel operations may allow temporary, on-
site storage of fill or other materials which would have
caused an increase to the stage of the 100 year or
regional flood but only after the Governing Body has
received an appropriate plan which assures the removal of
the materials from the floodway based upon the flood
warning time available. The Conditional Use Permit must
be title registered with the property in the Office of
the County Recorder.
4.45 Accessory Structures.
(a) Accessory structures shall not be designed for
human habitation.
(b) Accessory structures, if permitted, shall be
constructed and placed on the building site so as to
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offer the minimum obstruction to the flow of flood
waters.
(1) Whenever possible, structures shall be
constructed with the longitudinal axis parallel to the
direction of flood flow, and
(2) So far as practicable, structures shall be
placed approximately on the same flood flow lines as
those of adjoining structures.
(c) Accessory structures shall be elevated on fill or
structurally dry flood proofed in accordance with FP-1 or
FP-2 flood proofing classifications in the State Building
Code. As an alternative, an accessory structure may be
flood proofed to the FP-3 or FP-4 flood proofing
classification in the State Building Code provided the
accessory structure constitutes a minimal investment,
does not exceed 500 square feet in size, and for a
detached garage, the detached garage must be used solely
for parking of vehicles and limited storage. All flood
proofed accessory structures must meet the following
additional standards, as appropriate:
(1) The structure must be adequately anchored to
prevent flotation, collapse or lateral movement of the
structure and shall be designed to equalize hydrostatic
flood forces on exterior walls; and
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(2) Any mechanical and utility equipment in a
structure must be elevated to or above the Regulatory
Flood protection Elevation or properly flood proofed.
4.46
storage of Materials and Equipment.
(a) The storage or processing of materials that are,
in time of flooding, flammable, explosive, or potentially
injurious to human, animal, or plant life is prohibited.
(b) storage of other materials or equipment may be
allowed if readily removable from the area within the
time available after a flood warning and in accordance
with a plan approved by the Governing Body.
4.47 Structural works for flood control that will change
the course, current, or cross-section of protected wetlands or
public waters shall be subject to the provisions of Minnesota
Statutes, Chapter 103G. community-wide structural works for
flood control intended to remove areas from the regulatory
flood plain shall not be allowed in the floodway.
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4.48 A levee, dike or floodwall constructed in the
floodway shalL not cause an increase to the lOa-year or
regional flood and the technical analysis must assume equal
conveyance or storage loss on both sides of a stream.
SECTION 5.0 FLOOD FRINGE DISTRICT (FF)
5.1 permitted Uses.
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Permitted Uses shall be those uses of land or structures listed as
Permitted Uses in the underlying zoning use district(s). All
Permitted Uses shall comply with the standards for Flood Fringe
"Permitted Uses" listed in Section 5.2 and the "Standards for all
Flood Fringe Uses listed in Section 5.5.
5.2 Standards for Flood Fringe Permitted Uses.
5.21 All structures, including accessory structures,
must be elevated on fill so that the lowest floor including
basement floor is at or above the Regulatory Flood Protection
Elevation. The finished fill elevation for structures shall
be no lower than one (1) foot below the Regulatory Flood
protection Elevation and the fill shall extend at such
elevation at least fifteen (15) feet beyond the limits of any
structure erected thereon.
5.22 As an alternative to elevation on fill, accessory
structures that constitute a minimal investment and that do
not exceed five hundred (500) square feet for the outside
dimension at ground level may be internally flood proofed in
accordance with Section 4.45(c).
5.23 The cumulative placement of fill where at anyone
time in excess of one thousand (1,000) cubic yards of fill is
located on the parcel shall be allowable only as a Conditional
Use, unless said fill is specifically intended to elevate a
structure in accordance with Section 5.21 of this Ordinance.
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5.24 The storage of any materials or equipment shall be
elevated on fill to the Regulatory Flood protection Elevation.
5.25 The provisions of Section 5.5 of this Ordinance
shall apply.
5.3 Conditional Uses.
Any structure that is not elevated on fill or flood proofed in
accordance with Sections 5.21-5.22 or any use of land that
does not comply with the standards in Sections 5.23-5.24 shall
only be allowable as a Conditional Use. An application for a
Conditional Use shall be subject to the standards, criteria
and evaluation procedures specified in Sections 5.4-5.5 and
10.4 of this Ordinance.
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5.4 Standards for Flood Fringe Conditional Uses
5.41 Alternative elevation methods other than the use of
fill may be utilized to elevate a structure's lowest floor
above the Regulatory Flood Protection Elevation. These
alternative methods may include the use of stilts, pilings,
parallel walls, etc., or above grade, enclosed areas such as
crawl spaces or tuck-under garages. The base or floor of an
.,enclosed area shall be considered above-grade and not a
structure's basement or lowest floor if: 1) the enclosed area
is above-grade on at least one side of the structure; 2) it is
designed to internally flood and is constructed with flood
resistant materials; 3) it is used solely for the parking of
vehicles, building access or storage.
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The above-noted alternative elevation methods are subject to
the following additional standards:
(a) Design and Certification. The structure's design
and as-built condition must be certified by a registered
professional engineer or architect as being in compliance with
the general design standards of the State Building Code and,
specifically, that all electrical, heating, ventilation,
plumbing and air conditioning equipment and other service
facilities must be at or above the Regulatory Flood Protection
Elevation or designed to prevent flood water from entering or
accumulating within these components during times of flooding.
(b) Specific Standards for Above-grade, Enclosed Areas.
Above-grade, fully enclosed areas such as crawl spaces or tuck
under garages must be designed to internally flood and the
design plans must stipulate:
(1) The minimum area of openings in the walls where
internal flooding is to be used as a flood proofing
technique. When,openings are placed in a structure's
walls to provide for entry of flood waters to equalize
pressures, the bottom of all openings shall be no higher
than one-foot above grade. openings may be equipped with
screens, louvers, valves, or other coverings or devices
provided that they permit the automatic entry and exit of
flood waters.
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(2) That the enclosed area will be designed of
flood resistant materials in accordance with the FP-3 or
FP-4 classifications in the State Building Code and shall
be used solely for building access, parking of vehicles
or storage.
5.42 Basements, as defined by Section 2.812 of this
Ordinance, shall be subject to the following:
(a) Residential basement construction shall not be
allowed below the Regulatory Flood Protection Elevation.
(b) Non-residential basements may be allowed below
the Regulatory Flood protection Elevation provided the
basement is structurally dry flood proofed in accordance
with Section 5.43 of this Ordinance.
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5.43 All areas of non residential structures including
basements to be placed below the Regulatory Flood Protection
Elevation shall be flood proofed in accordance with the
structurally dry flood proofing classifications in the State
Building Code. Structurally dry flood proofing must meet the
FP-1 or FP-2 flood proofing classification in the State
Building Code and this shall require making the structure
watertight with the walls substantially impermeable to the
passage of water and with structural components having the
capability of resisting hydrodynamic loads and the effects of
bouyancy. Structures flood proofed to the FP-3 or FP-4
classification shall not be permitted.
5.44 When at anyone time or more than 1,000 cubic yards
of fill or other similar material is located on a parcel for
such activities as on-site storage, landscaping, sand and
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grave~'operations, roads, dredge spoil disposal or
construction of flood control works, an erosion/sedimentation
control plan must be submitted unless the city is enforcing a
state approved shoreland management ordinance. In the absence
of a state approved shoreland ordinance, the plan must clearly
specify methods to be used to stabilize the fill on site for
flood event at a minimum of the 100-year regional flood event.
The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable
to the city. The plan may incorporate alternative procedures
for removal of the material from the flood plain if adequate
flood warning time exists.
5.45 storage of materials and Equipment.
(a) The storage or processing of materials that
are, in time of flooding, flammable, explosive, or
potentially injurious to human, animal, or plant life is
prohibited.
(b) storage or other materials or equipment may be
allowed if readily removable from the area within the
time available after a flood warning and in accordance
with a plan approved by the city.
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5.46 The provisions of section 5.5 of this Ordinance
shall also apply.
5.5 Standards for All Flood Fringe Uses.
5.51 All new principal structures must have vehicular
access at or above an elevation not more than two feet below
the Regulatory Flood protection Elevation. If a variance to
this requirement is granted, the Board of Adjustment must
specify limitations on the period of use or occupancy of the
structure for the times of flooding and only after determining
that adequate flood warning time and local flood emergency
response procedures exist.
5.52 Commercial Uses. Accessory land uses, such as
yards, railroad tracks, and parking lots may be at elevations
lower than the Regulatory Flood protection Elevation.
However, a permit for such facilities to be used by the
employees or the general public shall not be granted in the
absence of a flood warning system that provides adequate time
for evacuation if the area would inundate to a depth greater
than two feet or be subject to flood velocities greater than
four feet per second upon occurrence of the regional flood.
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5.53 Manufacturing and Industrial Uses. Measures shall
be taken to minimize interference with normal plant operations
especially along streams having protracted flood durations.
Certain accessory land uses such as yards and parking lots may
be at lower elevations subject to requirements set out in
Section 5.52 above. In considering permit applications, due
consideration shall be given to needs of an industry whose
business requires that it be located in flood plain areas.
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5.54 Fill shall be properly compacted and the slopes
shall be properly protected by the use of riprap, vegetative
cover or other acceptable method. The Federal Emergency
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Management Agency (FEMA) has established criteria for removing
the special flood hazard area designation for certain
structures properly elevated on fill above the lOO-year flood
elevation - FEMA's requirements incorporate specific fill
compaction and side slope protection standards for multi-
structure or multi-lot developments. These standards should
be investigated prior to the initiation of site preparation if
a change of special flood hazard area designation will be
requested.
5.55 Flood plain developments shall not adversely affect
the hydraulic capacity of the channel and adjoining flood
plain of any tributary watercourse or drainage system where a
floodway or other encroachment limit has not been specified
on the Official zoning Map.
5.56 Standards for travel trailers and travel vehicles
are contained in Section 9.3.
5.57 All manufactured homes must be securely anchored to
an adequately anchored foundation. system that resists
flotation, collapse and lateral movement. Methods of
anchoring may include, but are not limited to, use of over-
the-top or frame ties to ground anchors. This requirement is
in addition to applicable state or local anchoring
requirements for resisting wind forces.
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SECTION 6.0 GENERAL FLOOD PLAIN DISTRICT.
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6.1 Permitted Uses.
6.11 Permitted uses shall include those uses permitted
by Section 4.1 in this Ordinance.
6.12 All other uses shall be subject to the
floodway/flood fringe evaluation criteria pursuant to Section
6.2 below. Section 4.0 shall apply if the proposed use is in
the Floodway District and Section 5.0 shall apply if the
proposed use is in the Flood Fringe District.
6.2 procedures for F100dway and Flood Fringe Determinations
within the General Flood Plain District.
6.21 Upon receipt of an application for a Conditional
Use Permit for a use within the General Flood Plain District,
the applicant shall be required to furnish such of the
following information as is deemed necessary by the zoning
Administrator for the determination of the Regulatory Flood
Protection Elevation and whether the proposed use is within
the Floodway or Flood Fringe districts.
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(a) A typical valley cross-section showing the
channel of the stream, elevation of land areas adjoin~ng
each side of the channel, cross-sectional areas to be
occupied by the proposed development, and highwater
information.
(b) Plan (surface view) showing elevations or
contours o~e ground; pertinent structure, fill, or
storage elevations; size, location and spatial
Page 12
;
arrangement of all proposed and existing structures on
the site; location and elevations of streets; photographs
showing existing land uses and vegetation upstream and
downstream; and soil type.
(c) Profile showing the slope of the bottom of the
channel or flow line of the stream for at least 500 feet
in either direction from the proposed development.
6.22 The applicant shall be responsible to submit one
copy of the above information to a designated engineer or
other expert person or agency for technical assistance in
determining whether the proposed use is in the floodway or
flood fringe and to determine the Regulatory Flood Protection
Elevation. Procedures consistent with Minnesota Regulations
1983, Parts 6120.5000 - 6120.6200 shall be followed in this
expert evaluation. The designated engineer or expert is
strongly encouraged to discuss the proposed technical
evaluation methodology with the respective Department of
Natural Resources' Area Hydrologist prior to commencing the
analysis. The designated engineer or expert shall:
(a) Estimate the peak discharge of the regional
flood.
(b) Calculate the water surface profile of the
regional flood based upon a hydraulic analysis of the
stream channel and overbank areas.
, j
(c) compute the floodway necessary to convey the
regional flood without increasing flood stages more than
0.5 feet. A lesser stage increase than 0.5 feet shall be
required if, as a result of the additional stage
increase, increased flood damage would result. An equal
degree of encroachment on both sides of the stream within
the reach be assumed in computing floodway boundaries.
6.23 The zoning Administrator shall present the
technical evaluation and findings of the designated engineer
or expert to the Planning and zoning Commission. The Planning
and zoning Commission must formally accept the technical
evaluation and the recommended Floodway and/or Flood Fringe
District boundary or deny the permit application. The City
Council, prior to official action, may submit the application
and all supporting data and analyses to the Federal Emergency
Management Agency, the Department of Natural Resources or the
Planning and zoning Commission for review or comment. Once
the Floodway and Flood Fringe Boundaries have been determined,
the governing body shall refer the the matter back to the
zoning Administrator who shall process the permit application
consistent with the applicable provisions of section 4.0 and
5.0 of this Ordinance.
SECTION 7.0 SUBDIVISIONS.
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7.1 Review Criteria.
No land shall be subdivided which is held unsuitable by the
City Council for reason of flooding, inadequate drainage,
water supply or sewage treatment facilities. All lots within
the flood plain districts shall contain a building site at or
Page 13
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above the Regulatory Flood protection Elevation. All
subdivisions shall have water and sewage disposal facilities
that comply with the provisions of any City ordinance and have
road access both to the subdivision and to the individual
building sites no lower than two feet below the Regulatory
Flood Protection Elevation. For all subdivisions in the Flood
plain, the Floodway and Flood Fringe boundaries, the
Regulatory Flood Protection Elevation and the required
elevation of all access roads shall be clearly labeled on all
required subdivision and platting drawing documents
7.2 Floodway/Flood Fringe Determinations In the General Flood
plain District.
In the General Flood plain District, applicants shall provide
the information required in Section 6.2 of this Ordinance to
determine the 100-year flood elevation, the Floodway and Flood
Fringe District boundaries and the Regulatory Flood Protection
Elevation for the subdivision site.
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7.3 Removal of Special Flood hazard Area Designation.
The Federal Emergency Management agency (FEMA) has established
criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill
above the 100-year flood elevation. FEMA's requirements
incorporate specific fill compaction and side slope protection
standards for multi-structure or multi-lot developments.
These standards should be investigated prior to the initiation
of site preparation if a change of special flood hazard area
designation will be requested.
SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES.
8.1 Public Utilities.
All public utilities and facilities such as gas,
electrical, sewer, and water supply systems to be located in
the flood plain shall be flood-proofed in accordance with the
State Building Code or elevated to above the Regulatory Flood
Protection Elevation.
8.2 Public Transportation Facilities.
Railroad tracks, roads, and bridges to be located within
the Floodway District shall comply with Sections 4.31 and 4.32
of this ordinance. Elevation to the Regulatory Flood
Protection Elevation shall be provided where failure or
interruption of these transportation facilities would result
in danger to the public health or safety or where such
facilities are essential to the orderly functioning of the
area. Minor or auxiliary roads or railroads may be
constructed at a lower elevation where failure or interruption
of transportation services would..not endanger the public
health or safety.
J
8.3 On-Site Sewage Treatment and Water Supply Systems.
where public utilities are not provided:
Page 14
(a)
minimize
systems;
On-site water supply systems must be designed to
or eliminate infiltration of flood waters into the
and
(b) New or replacement on-site sewage treatment systems
must be designed to minimize or eliminate infiltration of
flood waters into the systems and discharges from the systems
into flood waters and they shall not be subject to impairment
or contamination during times of flooding.
Any sewage treatment system designed in accordance with the
state's current statewide standards for on-site sewage
treatment systems shall be determined to be in compliance with
this Section
SECTION 9.0 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND
PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES.
9.1 New manufactured home parks and expansions to existing
manufactured home parks shall be subject to the provisions placed
on subdivisions by Section 7.0 of this Ordinance.
/
9.2 The placement of new or replacement of manufactured homes
in existing manufactured home parks or on individual lots of
record that are located in flood plain districts will be treated
as new structures and may be placed only if elevated in compliance
with Section 5.0 of the Ordinance. If vehicular road access for
pre-existing manufactured home parks is not provided in accordance
with Section 5.51, then replacement manufactured homes will not be
allowed until the property owner(s) develops a flood warning
emergency plan acceptable to the City.
9.21 All manufactured homes must be securely anchored to
an adequately anchored foundation system that resists
flotation, collapse and lateral movement. Methods of
anchoring may include, but are not limited to, use of over-
the-top or frame ties to ground anchors. This requirement is
in addition to applicable state or local anchoring
requirements for resisting wind forces.
9.3 Travel trailers and travel vehicles that do not meet the
exemption criteria specified in Section 9.31 below, shall be
subject to the provisions of this Ordinance and as specifically
spelled out in Sections 9.33-9.34 below.
9.31 Exemption. Travel trailers and travel vehicles are
exempt from the provisions of this Ordinance if they are
placed in any area listed in Section 9.32 below and further
they meet the following criteria:
(a) Have current licenses required for highway use.
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(b) Are highway ready meaning on wheels or the
internal jac~ing system, are attached to the site only by
quick disconnect type utilities commonly used in
campgrounds and trailer parks and the travel trailer or
travel vehicle has no permanent structural type additions
attached to it.
Page 15
(c) The travel trailer or travel vehicle and
associated use must be permissible in any pre-existing,
underlying zoning use district.
9.32 Areas Exempted For Placement of Travel/Recreational
vehicles:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks
or campgrounds.
(c) Existing condominium type associations.
9.33 Travel trailers and travel vehicles exempted in
Section 9.31 lose this exemption when development occurs on
the parcel exceeding $500 dollars for a structural addition to
the travel trailer/ travel vehicle or an accessory structure
such as a garage or storage building. The travel
trailer/travel vehicle and all additions and accessory
structures will then be treated as a new structure and shall
be subject to the elevation/flood proofing requirements and
the use of land restrictions specified in Section 4.0 and 5.0
of this Ordinance.
I
9.34 New commercial travel trailer or travel vehicle
parks or campgrounds and new residential type subdivisions and
condominium associations and the expansion of any existing
similar use exceeding five (5) units or dwelling sites shall
be subject to the following:
(a) Any new or replacement travel trailer or travel
vehicle will be allowed in the Floodway or Flood Fringe
Districts provided said trailer or vehicle and its
contents are placed on fill above the Regulatory Flood
Protection Elevation and proper elevated roads access to
the site exists in accordance with Section 5.51 of this
Ordinance. No fill placed in the floodway to meet the
requirements of this Section shall increase flood stages
of the 100-year or regional flood.
(b) All new or replacement travel trailers or
travel vehicles not meeting the criteria of (a) above
may, as an alternative, be allowed as a Conditional Use
if in accordance with the following provisions and the
provisions of Section 10.4 of this Ordinance. The
applicant must submit an emergency plan for the safe
evacuation of all vehicles and people during the 100 year
flood. Said plan shall be prepared by a registered
engineer or other qualified individual and shall
demonstrate that adequate time and personnel exist to
carry out the evacuation. All attendant sewage and water
facilities for new or replacement travel trailers or
,other recreational vehicles must be protected or
constructed so as not to be impaired or contaminated
during times of flooding in accordance with Section 8.3
of this Ordinance.
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SECTION 10.0 ADMINISTRATION.
Page 16
10.1 zoning Administrator.
A zoning Administrator designated by the city Council
shall administer and enforce this Ordinance. If he/she finds
a violation of the provisions of this Ordinance the zoning
Administrator shall notify the person responsible for such
violation in accordance with the procedures stated in
Section 12.0 of this Ordinance.
10.2 Permit Requirements.
10.21 Permit Required. A Use Permit issued by the
zoning Administrator in conformity with the provisions of this
Ordinance shall be secured prior to the erection, addition, or
alteration of any building, structure, or portion thereof;
prior to the use or change of use of a building, structure, or
land; prior to the change or extension of a nonconforming use;
and prior to the placement of fill, excavation of materials,
or the storage of materials or equipment within the flood
plain.
10.22 Application for Permit. Application for a Use
Permit shall be made in duplicate to the zoning Administrator
on forms furnished by the zoning Administrator and shall
include the following where applicable: plans in duplicate
drawn to scale, showing the nature, location, dimensions, and
elevations of the lot; existing or proposed structures, fill,
or storage of materials; and the location of the foregoing in
relation to the stream channel.
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10.23 State and Federal Permits. prior to granting a
Use Permit or processing an application for a Conditional Use
Permit or Variance, the zoning Administrator shall determine
that the applicant has obtained all necessary State and
Federal Permits.
10.24 Certificate of zoning Compliance for a New,
Altered, or Nonconforming Use. It shall be unlawful to use,
occupy, or permit the use of occupancy of any building or
premises or part thereof hereafter created, erected, changed,
converted, altered, or enlarged in its use or structure until
a Certificate of zoning Compliance shall have been issued by
the zoning Administrator stating that the use of the building
or land conforms to the requirements of this Ordinance.
.'
10.25 Construction and Use to be as Provided in
Applications, Plans, Permits, and Certificate of zoning
Compliance. Use Permits, Conditional Use Permits, or
Certificates of zoning Compliance issued on the basis of
approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved plans
and applications and no other use, arrangement, or
construction. Any use, arrangement, or construction at
variance with that authorized shall be deemed violation of
this Ordinance, and punishable as provided by Section 12.0 of
this Ordinance.
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10.26 The applicant shall be required to submit
certification by a registered professional engineer,
registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in
Page 17
)
compliance with the provisions of this ordinance. Flood-
proofing measures shall be certified by a registered
professional engineer or registered architect.
10.27 Record of First Floor Elevation. The zoning
Administrator shall maintain a record of the elevation of the
first floor (including basement) of all new structures or
additions to existing structures in the flood plain districts.
He/she shall also maintain a record of the elevations to which
structures or additions to structures are flood-proofed.
10.3 Board of Adjustment.
established.
A Board of Adjustment is hereby
10.31 Rules. The Board of Adjustment shall adopt rules
for the conduct of business and may exercise all of the powers
conferred on such Boards by state Law.
10.32 Administrative Review. The Board shall hear and
decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by an
administrative official in the enforcement or administration
of this Ordinance.
I
10.33 Variances. The Board may authorize upon appeal
in specific cases such variance from the terms of this
Ordinance as will not be contrary to the public interest and
only for those circumstances such as hardship, practical
difficulties or circumstances unique to the property under
consideration, as provided for in the respective enabling
legislation for planning and zoning for cities or counties as
appropriate. In the granting of such variance, the Board of
Adjustment shall clearly identify in writing the specific
conditions that existed consistent with the criteria specified
in the respective enabling legislation which justified the
granting of the variance. No variance shall have the effect
of allowing in any district uses prohibited in that district,
permit a lower degree of flood protection than the Regulatory
Flood Protection Elevation for the particular area, or permit
standards lower than those required by State Law.
10.34 Hearings. Upon filing with the Board of
Adjustment of an appeal from a decision of the zoning
Administrator, or an application for a variance, the Board
shall fix a reasonable time for a hearing and give due notice
to the parties in interest. The Board shall submit by mail to
the Commissioner of Natural Resources a copy of the
application for proposed variances sufficiently in advance so
that the Commissioner will receive at least ten days notice of
the hearing.
,
10.35 Decisions. The Board shall arrive at a decision
on such appeal or variance within sixty (60) days. In passing
upon an appeal the Board may, so long as such action is in
conformity with the provisions of this Ordinance, reverse or
affirm, wholly or in part, or modify the order, requirement,
decision or determination of the zoning Administrator or other
public official. It shall make its decision in writing
setting forth the findings of fact and the reasons for its
decisions. In granting a variance the Board may prescribe
appropriate conditions and safeguards such as those specified
Page 18
/
in Section 10.46, which are in conformity with the purposes of
this Ordinance. Violations of such conditions and safeguards,
when made a part of the terms under which the variance is
granted, shall be deemed a violation of this Ordinance
punishable under Section 12.0. A copy of all decisions
granting variances shall be forwarded by mail to the
Commissioner of Natural Resources within ten (10) days of such
action.
10.36 Appeals. Appeals from any decision of the Board
may be made, and as specified in the City's Official Controls
and also Minnesota Statutes.
10.37 Flood Insurance Notice and Record Keeping. The
zoning Administrator shall notify the applicant for a variance
that: 1) The issuance of a variance to construct a structure
below the base flood level will result in increased premium
rates for flood insurance up to amounts as high as $25 for
$100 of insurance coverage and 2) such construction below the
100-year or regional flood level increases risks to life and
property. Such notificatioh shall be maintained with a record
of all variance actions. The city shall maintain a record of
all variance actions, including justification for their
issuance, and report such variances issued in its annual or
biennial report submitted to the Administrator of the National
Flood Insurance Program.
10.4 Conditional Uses.
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Applications shall be submitted to the zoning Administrator
who shall forward the application to the Planning and zoning
Commission for consideration. The Planning and zoning
Commission shall hear and forward recommendations regarding
applications to the City Council for Conditional Uses
permissible under this Ordinance.
10.41 Hearings. Upon filing with the zoning
Administrator an application for a Conditional Use Permit, the
zoning Administrator shall submit by mail to the Commissioner
of Natural Resources a copy of the application for proposed
Conditional Use sufficiently in advance so that the
Commissioner will receive at least ten (10) days notice of the
hearing.
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10.42 Decisions. The City Council shall arrive at a
decision on a Conditional Use within sixty (60) days. In
granting a Conditional Use Permit the City Council
shall prescribe appropriate conditions and safeguards, in
addition to those specified in Section 10.46, which are in
conformity with the purposes of this Ordinance. Violations of
such conditions and safeguards, when made a part of the terms
under which the Conditional Use Permit is granted, shall be
deemed a violation of this Ordinance punishable under Section
12.0. A copy of all decisions gr-anting Conditional Use
Permits shall be forwarded by mail to the Commissioner of
Natural Resources within ten (10) days of such action.
10.43 procedures to be Followed by the City Council in
Passing on Conditional Use Permit Applications within All
Flood plain Districts.
Page 19
(a) Require the applicant to furnish such of the
following information and additional information as
deemed necessary by the Planning and zoning Commission
for determining the suitability of the particular site
for the proposed use:
(1) Plans in triplicate drawn to scale showing
the nature, location, dimensions, and elevations of
the lot, existing or proposed structures, fill,
storage of materials, flood-proofing measures, and
the relationship of the above to the location of the
stream channel.
(2) Specifications for building construction and
materials, flood-proofing, filling, dredging,
grading, channel improvement, storage of materials,
water supply and sanitary facilities.
(b) Transmit one copy of the information described
in subsection (1) to a designated engineer or other
expert person or agency for technical assistance, where
necessary, in evaluating the proposed project in relation
to flood heights and velocities, the seriousness of flood
damage to the use, the adequacy of the plans for
protection, and other technical matters.
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(c) Based upon the technical evaluation of the
designated engineer or expert, the Planning and zoning
Commission shall determine the specific flood hazard at
the site and evaluate the suitability of the proposed use
in relation to the flood hazard.
10.44 Factors Upon which the Decision of the City
Council Shall Be Based. In passing upon Conditional Use
Applications, the City Council shall consider all relevant
factors specified in other sections of this Ordinance, and
(a) The danger of life and property due to increased
flood heights or velocities caused by encroachments.
(b) The danger that materials may be swept onto
other lands or downstream to the injury of others.
(c) The proposed water supply and sanitation systems
and the ability of these systems to prevent disease,
contamination, and unsanitary conditions.
(d) The susceptibility of the proposed facility and
its contents to flood damage and the effect of such
damage on the individual owner.
(e) The importance of the services provided by the
proposed facility to the community.
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(f) The requirements of the facility for a
waterfront location.
(g) The availability of alternative locations not
subject to flooding for the proposed use.
Page 20
)
(h) The compatibility of the proposed. use with
existing development and development anticipated in the
foreseeable future.
(i) The relationship of the proposed use to the
comprehensive plan and flood plain management program for
the area.
(j) The safety of access to the property in times of
flood for ordinary and emergency vehicles.
(k) The expected heights, velocity, duration, rate or
rise, and sediment transport of the flood waters expected
at the site.
(1) Such other factors which are relevant to the
purposes of this Ordinance.
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10.45 Time for Acting on Application. The city Council
shall act on an application in the manner described above
within sixty (60) days from receiving the application, except
that where additional information is required pursuant to
Sections 10.43 and 10.44 of this Ordinance. The City Council
shall render a written decision within sixty (60) days from
the receipt of such additional information.
10.46 Conditions Attached to Conditional Use Permits.
Upon consideration of the factors listed above and the
purposes of this Ordinance, the City Council shall attach such
conditions to the granting of Conditional Use Permits as it
deems necessary to fulfill the purposes of this Ordinance.
Such conditions may include, but are not limited to, the
following:
(a) Modification of waste disposal and water supply
facilities.
(b) Limitations on period of use, occupancy, and
operation.
(c) Imposition of operational controls, sureties,
and deed restrictions.
(d) Requirements for construction of channel
modifications, dikes, levees, and other protective
measures.
(e) Flood-proofing measures, in accordance with the
State Building Code and this Ordinance. The applicant
shall submit a plan or document certified by a registered
professional engineer or architect that the flood-
proofing measures are consistent with the Regulatory
Flood Protection Elevation and associated flood factors
fo~ the particular area.
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SECTION 11.0 NONCONFORMING USES.
11.1 A structure or the use of a structure or premises which
was lawful before the passage or amendment of this Ordinance but
which is not in conformity with the provisions of this Ordinance
may be continued subject to the following conditions:
page 21
/
)
11.11 No such use shall be expanded, changed, enlarged,
or altered in a way which increases its nonconformity.
11.12 Any alteration or addition to any nonconforming
structure or nonconforming use which would result in
increasing the flood damage potential of that structure or
use shall be protected to the Regulatory Flood
Protection Elevation in accordance with any of the elevation
on fill or flood proofing techniques (i.e., FP-1 thru FP-4
floodproofing classifications) allowable in the state
Building Code, except as further restricted in 11.13 below.
11.13 The cost of any structural alterations or
additions to any nonconforming structure over the life of the
structure shall not exceed fifty (50%) percent of the market
value of the structure unless the conditions of this Section
are satisfied. The cost of all structural alterations and
additions constructed since the adoption of the City's initial
flood plain controls must be calculated into today's current
cost which would include all costs such as construction
materials and a reasonable cost placed on all manpower and
labor. If the current cost of all previous and proposed
alterations and additions exceed fifty (50) percent of the
current market value of the structure, then the structure
must meet the standards of Section 4.0 or 5.0 of this
Ordinance for new structures depending upon whether the
structure is in the Floodway or Flood Fringe, respectively.
11.14 If any nonconforming use is discontinued for
twelve (12) consecutive months, any future use of the building
or premises shall conform to this Ordinance. The assessor
shall notify the zoning Administrator in writing of instances
of nonconforming uses which have been discontinued for a
period of 12 months.
11.15 If any nonconforming use is destroyed by any
means, including floods, to an extent of fifty (50) percent or
more of its market value at the time of destruction, it shall
not be reconstructed except in conformity with the provisions
of this Ordinance. The applicable provisions for establishing
new uses or new structures in Sections 4.0, 5.0 or 6.0 will
apply depending upon whether the use or structure is in the
Floodway, Flood Fringe or General Flood Plain District,
respectively.
SECTION 12.0 PENALTIES FOR VIOLATION.
"
Violation of the provisions of this Ordinance or failure to
comply with any of its requirements (including violations of
conditions and safeguards established in connection with grants of
Variances or Conditional Uses) shall constitute a misdemeanor, and
upon conviction thereof shall be punished as defined by law.
Nothing herein contained shall prevent the City of Andover
from taking such other lawful action as is necessary to prevent or
remedy any violation. Such actions may include but are not limited
to:
12.21
the zoning
In responding to a suspect ordinance violation,
Administrator and Local Government may utilize the
page 22
full array of enforcement actions available to it including
but not limited to prosecution and fines, injunctions, after-
the-fact permits, orders for corrective measures or a request
to the National Flood Insurance Program for denial of flood
insurance availability to the guilty party. The community
must act in good faith to enforce these official controls and
to correct ordinance violations to the extent possible so as
not to jeopardize its eligibility in the National Flood
Insurance Program.
12.22 When an ordinance violation is either discovered
by or brought to the attention of the zoning Administrator,
the zoning Administrator shall immediately investigate the
situation and document the nature and extent of the violation
of the official control. As soon as it is reasonably
possible, this information will be submitted to the
appropriate Department of Natural Resources and Federal
Emergency Management Agency Regional Office along with the
City's plan of action to correct the violation to the degree
possible.
1
)
12.23 The zoning Administrator shall notify the
suspected party of the requirements of this Ordinance and all
other Official Controls and the nature and extent of the
suspected violation of these controls. If the structure
and/or use is under construction or development, the zoning
Administrator may order the construction or development
immediately halted until a proper permit or approval is
granted by the City. If the construction or development is
already completed, the zoning Administrator may either (1)
issue an order identifying the corrective actions that must be
made within a specified time period to bring the use or
structure into compliance with the official controls, or (2
notify the responsible party to apply for an after-the-fact
permit/development approval within a specified period of time
not to exceed thirty (30) days.
SECTION 13.0 AMENDMENTS.
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The flood plain designation on the official zoning map shall
not be removed from flood plain areas unless it can be shown that
the designation is in error or that the area has been filled to or
above the elevation of the regional flood and is contiguous to
land outside the flood plain. special exceptions to this rule may
be permitted by the Commissioner of Natural Resources if he
determines that, through other measures, lands are adequately
protected for the intended use.
All amendments to this ordinance including amendments to the
official zoning map, must be submitted to and approved by the
Commissioner of Natural Resources prior to adoption. Changes in
the Official zoning Map must meet the Federal Emergency Management
Agency's (FEMA) Technical Conditions and Criteria and must receive
prior FEMA approval before adoption. The Commissioner of Natural
Resources must be given 10-days written notice of all hearings to
consider an amendment to this Ordinance and said notice shall
include a draft of the ordinance amendment or technical study
under consideration.
Adopted by the City Council of the City of Andover this ___
day of , 1995.
Page 23
~ STATE OF
[A!] [M [g ~ (QYIT" ~
DEPARTMENT OF NATURAL RESOURCES
500 LAFAYETTE ROAD · ST. PAUL, MINNESOTA · 55155-40
DNR INFORMATION
(612) 296-6157
- .~...
February 3, 1995
Mr. David L. Carlberg, Planning Director
City of Andover
1685 Crosstown Boulevard N.W.
Andover, MN 55304
FEB 6:::0
-. ;/ E ~~:
Dear Mr. Carlberg:
I am enclosing a copy of our January 10, 1995 letter (attached) to you
concerning revisions the city will need to make in order to bring its
floodplain management ordinance into compliance with state and federal
rules. Since the date of that letter, a new Letter Of Map Revision (LOMR)
(attached) has been issued by the Federal Emergency Management Agency.
In the last sentence of the final paragraph on the first page, the correct
I date to be cited should be that of the latest LOMR to be issued: January 17,
1995 (previously cited date in bold). There were also two typographical errors
made in our citation of the correct date for the amended map panel 0015 of the
Flood Boundary and Floodway Map. These are in the second to the last sentence
of the first paragraph and the last sentence of the second paragraph of item 1.
(errors in bold). The correct date is: July 18, 1983.
We anticipate that you agree to make these amendments to the
ordinance prior to holding the public hearing regarding the aforementioned
revisions.
Sincerely,
~
DMSION OF WAT~
~~ Supervisor
Land Use Management Unit
OS/BA:fw
cc:
Dale Homuth, Regional Hydrologist
Tom Hovey, Area Hydrologist
Tira Miller, FEMA
.'
)
AN EQUAL OPPORTUNITY EMPLOYER
-
~
Federal Emergency Management Agency
Washington, D.C. 20472
.WJ I 7 1995
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
IN REPLY REFER TO:
Case Number: 94-05-l95P
Community Name: City of Andover, Anoka
County, Minnesota
270689
270689 0015
The Honorable Jack McKelvey
Mayor of the ~ity of Andover
15327 Nightingale Street, NW
Andover, Minnesota 55304
Community Number:
Map Panel Number:
Effective Date of
this Revision:
Jll. 11 1995
102-1
Dear Mayor McKelvey:
lne Flood Insurance Study (FIS) , Flood Insurance Rate Map (FIRM), and Flood
Boundary and Floodway Map (FBFM) for the City of Andover, Minnesota, have been
revised by this Letter of Map Revision (LOMR) to reflect the placement of fill
associated with the Woodland Creek Development project along Coon Creek. The
subject area is located south of South Coon Creek Drive and west of l4lst
Avenue, N.W. This revision was initiated by Mr. Ogbazghi Sium, Supervisor of
J the Land Use Management Unit for the State of Minnesota Department of Natural
Resources (Minnesota DNR), in an April 8, 1994, letter to the Federal
Emergency Management Agency (FEMA).
The following technical data, prepared by Hakanson Anderson Associates, Inc.,
was submitted by Mr. John A. Harwood, 'P.E., of that firm in support of this
request:
. a HEC-2 hydraulic backwater computer model of the 100-year flood
and floodway for Coon Creek dated March IS, 1994, as provided by
the Minnesota DNR, duplicating the modeling used to prepare the
March 1980 FIS for the City of Andover;
. a HEC-2 hydraulic backwater computer model of the 100-year flood
and floodway for Coon Creek dated March IS, 1994, reflecting pre-
project conditions which included more detailed topographic
information than that used to prepare the effective FIRM and FBFM,
obtained from the City of Andover;
. a HEC-2 hydraulic backwater computer model of the 100-year flood
and floodway for Coon Creek dated March 28, 1994, reflecting post-
project conditions, fill and excavation associated with the
Woodland Creek golf course, and a proposed revision of the FEMA-
designated floodway;
.'
J
fl.EC~WED
~" I 3 '"!t
D\'JSONOfW~1Ef\S
2
. a copy of the City of Andover FIRM panel 0015 B, dated July 18,
1983, annotated to reflect the Woodland Creek project area and the
cross section locations utilized in the hydraulic backwater
computer model;
. a copy of the plat map for Woodland Creek Third Addition;
. a copy of the preliminary plat of Colonial Creek (previous name of
Woodland Creek Development);
. a copy of the printer's affidavit of publication for the notice of
public hearing for Woodland Creek Development (Colonial Creek) for
June 12th and 19th, 1987, dated June 19, 1987;
. a topographic map, dated September 3,1987, at a scale of 1"-100',
with a contour interval of 1 foot, showing the grading of the golf
course contained in the Woodland Creek Development project; and
. completed application/certification forms.
All data necessary to process this request were received by December 6, 1994.
All fees necessary to process this LOMR (a total of $1,810) have been
received.
\
j
Based on our review of the submitted data, we are issuing this LOMR to reflect
increases and decreases in the Coon Creek 100-year water-surface elevations
and increases and decreases in the Coon Creek 100-year floodplain boundaries
and FEMA-designated floodway. The maximum 100-year water-surface elevation
increase is 0.03 foot at the upstream face of South Coon Creek Drive. This
LOMR revises the City of Andover FIS report, including Flood Profile 02P and
Table 3 (Floodway Data), dated March 1980; FIRM number 270689, panel 0015 B,
dated July 18, 1983; and FBFM number 270689, panel 0015, dated September 3D,
1980, as shown on the enclosed annotated portions of the FIS, FIRM and FBFM.
The enclosed annotated portion of FBFM panel 0015 also includes the
determination of a previously issued LOMR, dated November 21, 1986, which
reduced the FEMA-designated floodway.
Additionally, a portion of the submitted data was provided in support of a
request for a conditional Letter of Map Revision Based on Fill (LOMR-F) for
the residential portion of the Woodland Creek Development project. After
comparing this information to the enclosed annotated portions of the City of
Andover FIRM and FBFM mentioned above, we determined that portions of Lots 11-
13, 17-19, and 22-24 of Woodland Creek Third Addition and Lots 1, 2, and 4-7
of Block 1 of Woodland Creek Development, as shown on the preliminary plat for
Colonial Creek, would be inundated by the 100-year flood, but that the
proposed structures for these lots would not be located within the lOO-year
floodplain if they are built, filled', and platted as proposed.
/
,
I
3
This conditional determination is based on a plat entitled Woodland Creek
Third Addition, prepared by Mr. James M. Winter, Land Surveyor, dated
November 25, 1992; a plat entitled Preliminarv Plat Colonial Creek, prepared
by Hakanson Anderson Associates, Inc., dated May 26, 1987; and the effects of
this LOHR. Our final determination for the conditional LOHR-F will be made
upon receipt of a copy of this letter; certified "as-built" information
showing the location of the structures; the lowest adjacent grade to the
structures (the lowest ground touching each structure); and the elevation of
the lowest floors (including basement). In addition, the enclosed form
entitled "Certification of Fill Placement" must be returned, signed, and dated
by a registered professional engineer, an accredited soils engineer, or the
community's National Flood Insurance Program (NFIP) permit official. The
final determination will not be made until this LOHR is finalized as described
below.
Please note that the structures on these lots could be inundated by a flood
greater than a lOa-year flood or by local flooding conditions not shown on the
NFIP map. Flood insurance is available at reduced cost for properties located
outside the lOO-year floodplain. Also, although we have based our conditional
determination on the flood information presently available, flood conditions
may change or new information may be generated that could supersede this
determination.
\
j
This response to the request is based on minimum criteria established by the
NFIP. State and community officials, based on knowledge of local conditions
and in the interest of safety, may set higher standards for construction in
the floodplain. If the State of Minnesota or your community has adopted more
restrictive and comprehensive floodplain management criteria, those criteria
take precedence over the minimum Federal criteria.
This letter does not relieve Federal agencies of the need to comply with
Executive Order 11988 on Floodplain Management in carrying out their
responsibilities and providing Federally undertaken, financed, or assisted
construction and improvements, or in their regulating or licensing activities.
To aid your community in maintaining all information to be used for floodplain
management and insurance purposes, we have enclosed a document entitled "List
of Current Flood Insurance Study Data," which includes this letter. If any of
the items listed in this document are not currently on file in your
community's map repository, please contact our Regional office at the number
listed below for information on how to obtain those items.
Due to present funding constraints, FEMA must limit the number of physical map
revisions processed. Consequently, we will not republish the FIS, FIRM, and
FBFM for the City of Andover to reflect the determination of this LOHR.
However, when the FIS and panel 0015 of the FIRM and FBFM for your community
warrant a physical revision and republication, the determination in this LOHR
will be incorporated at that time.
The floodway is provided to your community as a tool to regulate floodplain
/ development. Therefore, the floodway modifications described in this letter,
while acceptable to FEMA, must also be acceptable to your community and
adopted by appropriate community action, as specified in Paragraph 60.3{d) of
the NFIP regulations.
.'
4
Although this request has met the criteria for removing an area from a Special
Flood Hazard Area to reflect the effects of fill, we encourage you to require
that the lowest adjacent grade and lowest floor (including basement) of any
structure placed within the subject area be elevated to a level at or above
the BFE.
NFIP regulations Subparagraph 60.3(b)(7) requires communities to "assure that
the flood carrying capacity within the altered or relocated portion of any
watercourse is maintained." This provision is incorporated into your
community's existing floodplain management regulations; responsibility for
maintenance of the modified channel rests with your community. FEMA may
request that your community submit a description and schedule of channel
maintenance activities.
This determination has been made pursuant to Section 206 of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) and is in accordance with the National
Flood Insurance Act of 1968, as amended (Title XIII of the Housing and Urban
Development Act of 1968, P.L. 90-448), 42 U.S.C. 4001-4128, and 44 CFR Part .
65. Because of the modifications to the FIRM and FBFM for your community made
by this LeMR, within six months from the date of this letter your community
must meet additional requirements under Section 1361 of the National Flood
Insurance Act of 1968, as amended.
)
Prior to the effective date of this LeMR, your community, as a condition of
continued eligibility in the NFIP, must adopt or show evidence of adoption of
floodplain management regulations that meet the standards of Paragraph 60.3(d)
of the NFIP regulations. These standards are the minimum requirements and do
not supersede more stringent State or local requirements.
All of the standards specified in Paragraph 60.3(d) of the NFIP regulations
must be enacted in a legally enforceable document. This includes adoption of
the current effective FIRM and FBFM, to which regulations apply, and the
modifications made by this LeMR. Some of the standards should already have
been enacted by your community. Your community may meet any additional
requirements by taking one of the following actions:
. amend existing regulations to incorporate any additional
requirements of Paragraph 60.3(d);
. adapt all of the standards of Paragraph 60.3(d) into one new,
comprehensive set of regulations; or
. show evidence that regulations have previously been adopted that
meet or exceed the minimum requirements of Paragraph 60.3(d).
A Consultation Coordination Officer (CCO) has been assigned to assist your
community with any difficulties you may encounter in enacting the floodplain
management regulations. The ceo will be the primary liaison between your
community and FEMA. Your eco is:
5
Ms. Janet M. Odeshoo, Director
FEMA, Mitigation Division
175 ~est Jackson Boulevard, Fourth Floor
Chicago, Illinois 60604
Communities that fail to enact the necessary floodplain management regulations
will be suspended from participation in the NFIP and subject to the
prohibitions contained in Section 202(a) of the Act, as amended.
The map panel listed above and revised by this letter will be used for all
flood insurance policies and renewals issued in your community. This revision
will be effective six months from the date of this letter; however, you may
accelerate the effective date by submitting the aforementioned items to your
CCO earlier than the six month requirement.
Any questions may be directed to your CCO.
Sincerely,
~~\), '\~~
, /
Michael K. Buckley, P.E., Chief
Hazard Identification Branch
Mitigation Directorate
Enclosures
cc: Mr. Ogbazghi Sium
Mr. John A. Harwood, P.E.
State Coordinator
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REVISED TLOO MRDIVISION
REFLECT
O. AIm JUL I 7 1995
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FIRM SURANCE RATE MAP
FLOOD IN
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lANE
CITY OF
ANDOVER,
MINNESOTA
ANOKA COUNTY
PANEL 15 OF 15
COMMUNI~;~;:~ ~~~~E~
MAP REY1SED:
JULY 18, 1983
ZONE C
.
APPROXIMATE SCALE
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FLOODW A Y
FLOOD BOUNDARY AND
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DEPARTMENT Of HOUSING AND URIAN DEVElOPMENT
F.dtflll_AMI All........,.".
CITY OF ANDOVER, MN
IAMOU CO.I
FLOOD PROFILES
COON CREEK
--
... .
.-
,
t! STATE OF
[N] [f:{] [g ~ @ 'IT ~
DEPARTMENT OF NATURAL RESOURCES
/
500 LAFAYETTE ROAD · ST. PAUL, MINNESOTA . 55155.40
DNR INFORMATION
(612) 296-6157
January 10,1995
.-, -.7' ' ~ ... ~~.... :-':
Mr. David L. Carlberg, Planning Director
City of Andover
1685 Crosstown Boulevard N.W.
Andover, MN 55304
Dear Mr. Carlberg:
i I ;?:.,s
-". ,_., 1:-_)
-" -,' .... -" .
CONDITIONAL STATE AFPROV AL OF DRAFT FLOODPlAIN ORDINANCE
The Department of Natural Resources has completed its review of the
ordinance the City of Andover is considering for adoption. The ordinance was
entitled "AN ORDINANCE REPEAliNG ORDINANCE NO. SO, ADOPTED SEPTEMBER 12,
1980 AND ORDINANCE NO. 50A, ADOPTED NOVEMBER 3, 1981 KNOWN AS THE
FLOODPlAIN ORDINANCE AND ADOPTING AN ORDINANCE FOR THE MANAGEMENT
., OF FLOODPlAINS IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA"
.'
, I
Our review determined that the draft ordinance was not yet totally
compliant with "Statewide Standards and Criteria for Management of
Floodplain Areas of Minnesota," Minnesota Regulations, Parts 6120.5000 to
6120.6200. Please take appropriate steps to revise the draft ordinance
consistent with the following listed items:
1. In Section 2.2 Establishment of Official Zoning Map, you reference
the Flood Insurance Study dated March, 1980 and the original Flood
Boundary and Floodway Map and Flood Insurance Rate Map (FIRM)
dated September 30, 1980. However, map panels 10 of 15 and 15 of 15
of the FIRM have been amended and should be referenced as dated July 18,
1983. Also, map panel 0015 of the Flood Boundary and Floodway Map was
amended on July 18,1993. This means that you will have to reference the map
panels individually by number and date.
You should delete the proposed second paragraph to Section 2.2 which
states, "The attached material shall include the floodway boundaries and
Floodway Map, Panel 0015A, as amended by TKDA study, dated September 3,
1981." This language is no longer necessary because the amended Flood
Boundary and Floodway Map (Panel 0015) dated July 18, 1993 already
contains this information.
Please note that our files indicate that the July 18, 1983 Flood Boundary
and Floodway map panel 0015 was amended to show a floodway boundary
revision along Coon Creek, between cross-sections "L" and "M", just upstream
of South Coon Creek Drive (FEMA letter dated November 21, 1986).Section 2.2
must incorporate this November 21, 1986 approval letter (including
appropriate attahments) by reference.
AN EaUAL OPPORTUNITY EMPLOYER
. .
. .
Page Two
We anticipate that you agree to make these amendments to the
ordinance prior to holding the public hearing regarding the aforementioned
revisions. Consequently, on behalf of the Commissioner of Natural Resources, I
hereby conditionally certify state approval of the above cited ordinance
revision in accordance with Minnesota Statutes, Section 103F.
This approval is valid upon receipt (within 90 days) of three (3)
certified, signed copies of the formally adopted ordinance (including the
necessary revisions cited above) and a completed copy of the Ordinance
Certification Checklist (attached) by Area Hydrologist Tom Hovey located at the
following address:
DNR-Division of Waters
1200 Warner Road
St. Paul, MN 55106
Any changes of the subject draft ordinance prior to adoption (other
than those cited above) must be approved by this agency prior to adoption
before they can be considered valid. Also be advised that any future
amendments of this ordinance or change in the designation of flood prone
areas requires prior approval of the Commissioner.
" Note that you are required to send copies of hearing notices and fInal
, decisions relating to variances and conditional use permits relating to this
ordinance to the Department. Please send these directly to Area Hydrologist
Tom Hovey and rely on him for assistance in administering your ordinance.
Since your administration of a floodplain zoning ordinance is a pre-
requisite of your eligibility in the National Flood Insurance Program, a
certified copy of the adopted ordinance will be sent by this office to the
Federal Emergency Management Agency.
Your cooperation and initiative in providing for the reduction in flood
damage through the administration of this ordinance is greatly appreciated.
Sincerely,
DMSION OF WATERS
~~~ ,~ ,~'thn
8gii g' Uifi, Supervisor
d Use Management Unit
OS/BA:fw
cc: Dale Homuth, Regional Hydrologist
Tom Hovey, Area Hydrologist
'Tira Miller, FEMA
CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON
DATE
February 21, 1995
Discussion Item
Todd J. Haas,
Engineering
J[
APPROVED
FOR AGENDA
AGENDA
t-O
SECTION
ORIGINATING DEPARTMENT
ITEM
1'0.
Public Hearing/vacation of
Right-of-Way/Bunker Lake Blvd.
Frontage Road
IR~
1"'1\. ~
vP
d.
The City Council is requested to hold a public hearing to review
the Vacation of Right-of-way as requested by the city of Andover
located in pankonin Addition, Section 34-32-24.
History
As most of you know, Bunker Lake Boulevard Frontage Road Nw plans
and specifications have been approved by the City Council for
I building purposes. But previous to this, the City had
acknowledged that the frontage road would not extend any further
east to Hanson Boulevard now or in the future. Therefore, the
right-of-way is not necessary and Murphy Oil, Inc. (Spur) has
expressed interest in attaching the right-of-way to the parcel.
By doing this, Murphy Oil, Inc. would dedicate the 60 foot wide
right-of-way located on the west side of their parcel for Grouse
Street NW which is part of the Bunker Lake Boulevard Frontage
Road NW project.
Attached are the following:
_ Resolution vacating the right-of-way for Council approval.
- Application for the vacation of right-of-way
- Public hearing notice
- Location of property owners within 350 feet
- Map of area where right-of-way is being considered
MOTION BY:
SECOND BY:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION VACATING A PORTION OF RIGHT-OF-WAY FOR SERVICE ROAD,
LOCATED IN PANKONIN ADDITION, ANOKA COUNTY, MINNESOTA, IN SECTION 34,
TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA
WHEREAS, pursuant to published and mailed notice, the City
Council has conducted a public hearing on the Vacation of Right-of-Way
for the Service Road; and
WHEREAS, as a result of such hearing and review, the City
recommends vacation of said right-of-way, legally described as
'follows:
That part of the Service Road dedicated in the recorded plat of
pankonin Addition, Anoka County, Minnesota, lying east of the west
line of the east 355.00 feet of the Southeast Quarter of Section 34,
Township 32, Range 24, Anoka County, Minnesota.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover hereby agrees to vacate said right-of-way legally
described above located in pankonin Addition.
/ BE IT FURTHER RESOLVED that this vacation be subject to the
following conditions:
1. The Vacation of Right-of-way be attached to PIN 34-32-24-41-
0004.
2. That Murphy Oil, Inc. is to dedicate the 60 feet that is necessary
as shown on the City of Andover Highway Right-of-Way plat No. 2
Adopted by the City Council of the city of Andover this
21st
day of
February
, 19 95 .
CITY OF ANDOVER
J. E. McKelvey - Mayor
ATTEST:
victoria Volk - City Clerk
, "
'~
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
:.l,...
.,.-
.d-
VACATION OF EASEMENT REQUEST FORM
Property Address
Legal Description of Property:
(Fill in whichever is appropriate):
Service Road (Pankonin Addition)
Lot
Block
Addition
Pankonin Addition
Plat Parcel PIN
(If metes and bounds, attach the complete legal)
-----------------------------------------------------------------
Reason for Request
Service Road is to be vacated and is proposed to be
attached to pin 34-32-24-41-0004 (Spur Station). The setbacks are based on
the service road being vacated and City would receive from Murphy Oil USA, Inc.
approximately 0.475 acres for proposed Grouse Street NW.
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Current zoning
Industrial
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Name of Applicant
City of Andover
Address
1685 Crosstown Boulevard NW
Home Phone 755-5100 Business Phone 755-5100
Signature Q4#cf:l~ ~~y ~/ 4,-, Jovc,.) Date Z J~/~
-----------------------------------------------------~----------
Property Owner (Fee Owner) SMffi
(If different from above)
Address
Home Phone
Business Phone
signature
Date
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VACATION OF EASEMENT
PAGE 2
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The following information shall be submitted prior to review by
the City of Andover:
1. Attach a scaled drawing of the property and
structures affected showing: scale and north arrow;
dimensions of the property and structures; front,
side and rear yard building setbacks; adjacent
streets; and location and use of existing structures
wi thin 100 feet.
2. The names and addresses of all property owners within
350 feet of the subject property.
Application Fee: $150.00
Filing Fee: $ 20.00
Date Paid waived
Receipt #
Rev. 1-27-93
4-25-94
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612; 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The City Council of the City of Andover will hold a public
hearing at 7:00 P.M., or as soon thereafter as can be heard,
Tuesday, February 21, 1995 at the Andover City Hall, 1685
Crosstown Boulevard NW, Andover, MN to review the vacation of
right-of-way for a portion of the Service Road at the request of
the City of Andover.
That portion of the Service Road that is to be vacated is
described as follows:
That part of the Service Road dedicated in the recorded plat of
Pankonin. Addition, Anoka County, Minnesota, lying east of the
west line of the east 355.00 feet of the Southeast Quarter of
Section 34, Township 32, Range 24, Anoka County, Minnesota.
All written and verbal comments will be received at that time and
location.
A copy of the application and location will be available at
Andover City Hall for review prior to the meeting.
l~ Jdf/
Victor1a Volk - City
Clerk
publication Dates:
February 10, 1995
February 17, 1995
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34 32 24 41 0003
Steve paul Bendtsen
1716 Bunker Lk Blvd NW
Andover, MN 55304
. i
34 32 24 41 0010
Kottkes Bus Service Inc.
13625 Jay st. NW
Andover, MN 55304
35 32 24 32 0001
County of Anoka
325 East Main St.
Anoka, MN 55303
Anoka County Hwy. Dept.
1440 Bunker Lk. Blvd. NW
Andover, MN 55304
1abe1spankonin (Rhonda)
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34 32 24 41 0005
Steve Paul Bendtsen
1716 Bunker Lk Blvd NW
Andover, MN 55304
34 32 24 41 0011
ABC Mini-Storage, Inc.
13624 Hanson Blvd. NW
Andover, MN 55304
34 32 24 14 0002
United Power Assn.
PO Box 800
Elk River, MN 55330
34 32 24 41 0004
Driller Enterprises
Miller Driscoll Inr Inc
3430 Wescott Hills Dr.
Eagan, MN 55123
35 32 24 23 0005
Gordon & Shirley Clemen
1751 - 131st Ave. NW
Coon Rapids, MN 55433
34 32 24 14 0001
Harold Jellison
Rt 3 Box 1774
Cambridge, MN 55008
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
DATE
February 21, 1995
AGENDA
t-O
SECTION
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
Discussion Item
Richard Fursman
Administration
ITEM
t-O
Fire Chief
1}J
Hiring Selection
3.
The City Council interviewed four candidates for the Fire Chief
position February 9th.
In the post interview process of selecting the final candidate,
the 'subject was tabled until the next council meeting.
The two finalists are Dale Mashuga and Dan Winkel.
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE Februarv 21. 1995
AGENDA
r-.o.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Discussion Items
scot~ Eri~kson,JL
Engl.neerl.ng
ITEM
r-.o. Approve Development Contract/
Urban Area
B~
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The city Council is requested to review and approve modifications
to the City's standard Urban Development Contract. The following
changes are proposed for incorporation into the contract.
Developer's Improvements Section
, 1. The Developer shall be responsible to maintain the required
) ,tree protection until lots within the subdivision have been
issued certificates of occupancy or written authorization by
the City Engineer approving the removal of the tree protection
has been issued.
2. A cash escrow be required for erosion control as determined by
the City Engineer. A minimum $5,000 escrow is required.
3. The Developer shall provide a registered professional engineer
or their duly authorized representative to oversee at the
Developer's expense the Developer's Improvements until such
improvements are completed and accepted by the City.
4. Upon final acceptance of the Developer's Improvements, a two
(2) year maintenance bond shall be provided by the Developer
to the City guaranteeing all work relating to grading, turf
restoration, erosion control, tree removal and appurtenances.
City's Improvements Section
1. The Developer shall be required to pay the cost associated
with the first seal coat for the new streets as a part of the
improvement costs for this development. The cost will be
$1.00 per square yard of new street installed.
CONTINUED
MOTION BY:
SECOND BY:
2. Revise Section 6. Building Permits and Certificates of
Occupancy to read: Where a platted street intersects an
existing publicly maintained road, the City Building Official
may issue building permits for any lot fronting the new
platted street and within a maximum distance of one hundred
fifty (150') feet from this intersection. The developer has
the option to construct one maximum three hundred (300') foot
long service road upon which building permits may be issued at
the discretion of the City Building Official.
3. The City Building Official will issue a cease and desist order
(Red Tag) 0 for violations of silt fencing, erosion control
or tree protection.
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A copy of the current urban development contract format is
included with the Crown pointe East Development Contract item.
I
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
February 21, 1995
DATE
AGENDA SECTION
NQ Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
NQ
Approve Development Contract/
Rural Area
scot~ Eri~kson,J~
Eng~neer~ng f(J
BY:
5.
The City Council is requested to review and approve modifications
to the city's standard Rural Development Contract. The following
changes are proposed for incorporation into the contract.
Developer'S Improvements Section
I
1. The Developer shall be responsible to maintain the required
tree protection until lots within the subdivision have been
issued certificates of occupancy or written authorization by the
City Engineer approving the removal of the tree protection has
been issued.
2. A cash escrow be required for erosion control as determined by
the City Engineer. A minimum of $5,000 escrow is required. The
City will refund the unused balance of this deposit upon complete
turf establishment as determined by the City Engineer.
3. The Developer shall provide a registered professional engineer
or their duly authorized representative to oversee at the
Developer's expense the Developer'S Improvements until such
improvements are completed and accepted by the City.
4. Upon final acceptance of the Developer's Improvements, a two
(2) year maintenance bond shall be provided by the Developer to
the City guaranteeing all work relating to grading, turf
restoration, erosion control, tree removal and appurtenances.
5. Upon final acceptance of the improvements lying within the
public easements, a two (2) year maintenance bond shall be
provided to the City by the developer for 100% of the improvement
costs.
CONTINUED
MOTION BY:
SECOND BY:
J
City's Improvements section
1. The Developer shall be required to pay the cost associated
with the first sealcoat for the new streets as a part of the
improvement costs for this development. The cost will be $1.00
per square yard of new street installed.
2. The City Building official will issue a cease and desist order
(Red Tag) for violations of silt fencing, erosion control or tree
protection.
3. Prior to acceptance by the City of the improvements lying
within the public easements, the developer shall provide a waiver
of claims to the city.
4. The developer shall schedule City inspections through the
Engineering Department a minimum of forty-eight (48) hours prior
to performing improvements within the public easements.
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5. The developer shall provide a cash deposit in the amount of
$5,000 to the City for City inspection of improvements
constructed within the public easements. Upon acceptance of
these improvements, the City will refund the unused balance of
this deposit to the developer.
A sample of the current rural development contract is included
for your review.
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DEVElOPMENT CONTRACT
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(Developer Installed Improvements)
THIS AGREEMENT made this ~ day of _
and between the City of Andover, whose address is 1685 Crosstown Boulevard N.W.,
Andover, MN 55304, a municipal corporation organized under the laws of the State
of Minnesota, hereinafter referred to as the "City", and .
. whose address is
, hereinafter
referred to as the "Developer".
WHEREAS, the Developer is in the process of platting certain property
within the corporate limits of the City, Anoka County, to be known as
'., hereinafter called "Subdivision" legally described as
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Parcel A:
The Northeast Quarter of the Northeast Quarter of Section 17, Township
32 North, Range 24 West, except that part of the Northeast Quarter of
the Northeast Quarter described as follows, to wit: Commencing at a
point in the center of the road 59 rods south of the Northeast corner of
said Section 17; thence west ten rods; thence south 10 rods; thence
east 10 rods to the center of said road; thence north 10 rods to point of
beginning.
Parcel B:
The South Half of the Southeast Quarter of Section 8, Township 32
North, Range 24 West, Anoka County, Minnesota, except that party
lying westerly of the centerline of Tulip Street N.W.
and
WHEREAS, the Developer desires fJnal p(ai'~;roval prior to completion
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of all on-site improvements as requi~,lTh~er the Subdivision Ordinance of the City of
'{Uv'
Andover; and t;(O~
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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 Meadows Second Addition according to the plans and
specifications attached hereto and made a part of this Agreement.
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
greenway 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 thirty-nine thousand
(39,000) square feet of buildable area on each lot, with a
minimum width of one hundred fifty (150) feet and a minimum
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,depth of one hundred fifty (150) feet. 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 thirty-nine thousand
(39,000) square feet of buildable area cited above. 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 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, 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.
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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. 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 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.
D.
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.
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The Developer shall remove all dead and diseased trees before
building permits will be issued.
F.
The Developer shall be responsible for street maintenance,
including curbs, boulevards, sod and street sweeping until the
project is complete. All streets shall 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 impassible, 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.
G.
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. Residential street lighting shall be owned, installed,
operated and maintained by the electric utility company.
City and electric utility company shall enter into a contrac-
tual 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.
H. 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.
I.
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.
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J. The Developer shall make provision that all gas, telephone and
electric utilities shall be installed to serve the development.
K. 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. $
2. Street Maintenance. $
3. Street Construction $
Curb Restoration
4. Storm Sewer Construction. $
5. Lot Stakes. $ --------
6. Diseased Tree Removal. $ --------
7. Tree Removal $
} 8.
Total Estimated Construction Cost
for Developer's Improvements $
Estimated Legal, Engineering and
Administrative Fee (-36-";&) $
157-
Total Estimated Cost of Developer $
Improvements
Security Requirement (150%) $
L. 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.
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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 Improve-
ments 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
following the City's final acceptance of the Developer's
Improvements. 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, Irrevocable Letter of Credit, or a Performance Bond,
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 speci-
fications 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 guar-
anteeing 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 Letterof 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 recommen.<;lation will be submitted to the
City Council for action.
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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 Af:lD CERTIFICATES OF OCCUPANCY
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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
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comply with the Uniform Fire Code that has been adopted by the City Council.
No Certificate of Occupancy permit shall be issued for any house in the
plat until the following have been completed:
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 first one and one-half (1-1/2) inches of bituminous has been
placed. The Council may, at its discretion, delete or change this
one and one-half (1-1/2) inches blacktop provision if requested by
a Developer who can prove exceptional circumstances beyond his
control which makes it unable for them to meet such construction
requirements.
,
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.
ARTICLE SIX
CLEANUP
Developer shall promptly clean dirt and debris from streets that has
resulted from construction by the 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.
ARTICLE EIGHT
INSURANCE
Developer and/or 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 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 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.
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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.
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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 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.
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STATE OF MINNESOTA )
) 55.
COUNTY OF ANOKA )
On this
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_day of_
, 1994, before me, a Notary Public
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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.
. .
1& SHIRLEY A. CLINTON I
. NOTARY PUBLIC-MINNESOTA
AHOKA COUNTY
MyCOlllllislIOll Expires Oct. 12. 1996
W'#lN+...#^........-...v.y~...VY....."'.
Notary Public
STATE OF MINNESOTA )
) 55.
COUNTY OF ANOKA )
I
On this __ day of _
-
, 1994, before me, a Notary Public
within and for said County, personally appeared Lawrence B. Carlson, to me known
to be the President of Woodland Development Corporation, a corporation organized
and existing under the laws of the State of Minnesota, and who executed the
foregoing instrument and acknowledged that he executed the same on behalf of said
corporation.
l:-::::'~::\
ii.C.t .'......i
! .~:;i'~1
\~
PAMELA S. WESTLUND
NOTARY PUBUC - MINNESOTA
ANOKA COUNTY
My CommIssIon expires A;Jr. 2S, 1998
---
,
Notary Public
This instrument was drafted by:
William G. Hawkins and Associates
299 Coon Rapids Blvd., #101
Coon Rapids, MN 55433
-12-
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
CITY OF ANDOVER
B',
-- ,. ~.- ..
-/
"
By t. J: /n. ~L7
{I Mayor
'.' Its President
ATTEST:
By
~~J&
Cierk
.'
-11-
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
February 21, 1995
DATE
AGENDA SECTION
NO Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
t-.O.
Receive Supplemental Feasibility
Report/Crown Pointe East/94-22,
Cont.
scot~ Eri~kson,~t
Eng~neer~ng q,
~t1
b.
At the February 7, 1995 Council meeting the Council tabled this
item at the request of the developer. This item is requested to be
removed from the table for discussion.
The City Council is requested to consider approval of
resolution receiving the supplemental feasibility report
Project 94-22, Crown Pointe East.
the
for
As an alternative to the bridge crossing, the developer would like
to present some possible alternatives to provide an emergency
access to the future Crown Pointe site.
MOTION BY:
SECOND BY:
(
, ~
(
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE February 7, 1995
AGENDA
NO
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Discussion Items
scot~ Eri~kson. A~
Eng1neenng WL
ITEM
NO
Receive Supplemental
Feasibility Report/crown
pointe East/94-22
BY:
/.
The City Council is requested to receive and approve the
supplemental feasibility report for Crown pointe East, project
94-22.
The original feasibility report for the Crown pointe East
project was received and approved by the City Council on
september 20, 1994. The City Council approved the preliminary
plat for Crown pointe East on September 6, 1994 by Resolution No.
216-94. This resolution indicated that the developer shall make
provisions for the continuation of a future street to the west to
solve a public safety problem for the area to be known as Crown
pointe. The location will be determined at a later date by the
City Council in conjuction with the developer and the City
Engineer after further study has been completed.
A second item to this resolution had stated that a development
contract with Ashford Development Corporation, Inc. be drafted by
the City Attorney to make sure that the City shall have the
necessary funds for the construction of said street to the west
with an inclusion of all the concerns of the Council as talked
about the meeting tonight as to such crossing.
Based upon these stipulations, a supplemental feasibility report
has been prepared in order to identify the estimated cost
associated with this crossing. The supplemental feasibility
report identifies a bridge crossing at Coon Creek within 142nd
Avenue NW/Outlot C connecting to the future Crown pointe
development. This crossing is estimated at $294,670.00.
CONTINUED
l MOTION BY:
C
SECOND BY:
TO:
(
,
(- '"
Q
Also, in order to provide a looped watermain system the
estimated cost of this looped system between Crown pointe East
and Crown pointe is $34,000. The total estimated cost for the
crossing at 142nd Avenue NW/Outlot C and the looped watermain
connection is $427,300.00. This amount includes engineering and
other associated costs.
AS part of a new development, the City requires improvements for
the continuation of existing streets to be constructed to the
property line of the development. In the case of Crown Pointe
East, this would include construction to the centerline of Coon
Creek for 142nd Avenue NW/Outlot C. This would indicate that the
Crown pointe East development would fund one half (1/2) of the
cost of the 142nd Avenue NW crossing or $191,584.50. In '
addition, a looped water system is necessary for Crown pointe
East at an estimated cost including engineering and appurtenances
of $44,203.00. Based on this scenario, the amount that would
need to be escrowed under the Crown pointe East development would
be $235,787.50. A second option would be to escrow the costs
based on the number of lots within each development as outlined
in the Supplemental Feasibility Report. This option would
require the Crown pointe East development to escrow $293,084.00.
There are numerous funding options and variations the Council
could consider in addition to the scenarios outlined above.
(
,
(,
(/
Ell'd '"l;llOl.
SUPPLEMENTAL
FEASIBILITY REPORT
CROWN POINTE EAST
UTILITY AND STREET IMPROVEMENTS
CITY PROJECT 94-22
CITY OF ANDOVER, MINNESOTA
JANUARY 25. 1995
Revised February 2. 1995
COMM. NO. 10784
TKDA
TOlTZ, KINO. DUVALL. ANDERSON
AND ASSOCIATes. INOORPORATED
ENGINEERS. ARCHITECTS. PLANNERS
1e;oo PIPER JAFFRAV PLAZA
444 OEDAR &TfI~
SAINT PAUL. MINNESOTA 65101-21~
PHONE:812rl92-44OO FAX:8121292-oDll3
01/01'd (800 C62 c19
tXI>U
81 :60 S661-G0-lI3.:l
FEB-e2-1995 09: 16 '
11<D=l
612 292 00B3 P,02/10
/
TOLTZ, KING, DUVAll, ANDERSON
ANDASsoc~TES,mCORPOAATED
ENGINEEAS-ARCHITECTS-PLANNERS
SAINT PAUl, MINNESOTA
JANUARY 25. 1995
(
SUPPLEMENTAL FEASIBIUTY REPORT FOR
CROWN POINTE EAST
UTILITY AND STREET IMPROVEMENTS
CITY PROJECT 94-22
crrv OF ANDOVER, MNNESOTA
COMMISSION NO. 10784
. J
(, ;,
.. ~.
I nereby cemry Inm U1s Supplemental Feasibility Repon was pmpared by me or under my direct
supervi$ion and !hat I an a duly registered Profuslonal Engineer under the laws of the State of
Minnesota.
/
C.'
10784
Rev/sed 2-2-9!5
FEB-02-1995 09:16
TKM
612 292 0003 P. B3/10
/ PROJECT OVERVIEW
(
Item Description PaQQ
Location Grown Polnta East ACfdition within the SW 114 2
of Section 25, Township 32, Range 24, and
the SE 1!4 of Section 28, Township 32, Range 24
Proposed 107 Single Family Lots Crown Polnta East
Improvements and 49 Proposed Lots Crown Point 2
Utility and Street Improvements
Initiation City Council R~lution 216-94 2,3
Dated September 8, 1004
Feasibility The Project is feasible. 3
Right-of-way! To be Platted. AddItIonal Utility and drainage 3
Easement easements may be required,
Permits MPCA, Department of Health, DNR, Corps of 3
I Engineers, Coon Creek Watershed District
(,
Estimated
project Cost $427,300 4
Estimated Assessable
Cost $427,300 4
Completion 1995 Construction Season
Escrow for Future Construction 3
Proposed Project (See Report) 5
Time Schedule
Estimated Construction Watannain, Roadway and Brtdge 6
Costs Construction and Restoration
Location Maps Watermain, Bridge Construction
and Street Surfacing
"
c
-1-
10784
Revised 2-2-95
FEB-e2-1995 09: 16
n<rn
612 292 0083 P,04/10
/
CROWN POINTE EAST
U11Lm AND STREET IMPROVeMENTS
CITY PROJECT 94-22
CrTV OF ANDOVER. MINNESOTA
(,
LocaUon
The proposed construotlon covers watermaln loop systems and road and brldgo
construction across Coon Croek b9tween Crown Polm9 East and proposed future
Crown Pointe to the west. The project is located In the SW 1/4 of Section 25, Township
32, Range 24 and the SE 1/4 of Section 26, Township31, Range 24.
Proposed Improvements
Watermain
The improvements covered include watermaln loop across Coon Creek at one location
as follows:
1, An 8- watermain between Lots 14 and 15, Block 1 of OItlWn Point. East and Lata
3 and 4, Block 1 of proposed Crown Polnle In accordance with the preliminary
plat thereof.
/
Bridge
Construction of a bridge to b9 approximately equal to the Prairie Road bridge crossing
Coon Creek 1/4 mile +1- south or Andover Boulevard.
(
The conetructlon estimatQ does includ9 muck 9xcavation: embankment fill; roadway
construction with concrete curb and gutter from Quince Street within Crown POlnt9 East
to 142nd Avenue in the proposed plat of Crown Pointe.
Initiation
The City Council by Resolution 216-94 dated September 6. 1994 Paragraphs 4 and 5
indicates the following:
4, The the developer shall make provision for the continuation of a future
street to the west to solve a public safety problem for the area to be known
as Crown Pointe. That location will be determined at a later date by the
City Council in conjunction with tho dGv9loper and the City Engineer after
further study has been completed,
, /
C
-2-
10784
Revised 2-2-95
(,
FEB-B2-1995 09:17
TI<D=l
612 292 0083 P,05/10
"\
)
6. That a Development Contract with Ashford Development Corporation be
drafted by the City Attorney to make sure that the City shall h8V9 the
necessary funds for the construction of said street to the west with an
Inclusion of all the concerns of the Council as talkad about at the meatlng
tonight as to such crossing. .
FnslbDlty
The project is 1easi:JIe.
Rlght-of-waylEa.ements
All right-of-way and easements are proposed to be dedicated as part of the plattIng
process, Additional utility and drainage easements may be required based upon final
design,
, ,
( .. :; Permits
. /
(.
Permits will be required from the Minnesota Department of Health for watermain
extensions, and from the COOn Creek Watershed Dlstrfct, and from the Department of
Natural Resources and'or Corps of Engineers for drainage Improvements and work
within watersh9d control of wetland prot9ctlon areas.
Completion
1995 ConetnJction Season and escrow for future construction,
-3-
10784
Ravtsed 2-2-95
FEB-e2-1995 09: 17
"TI<M
612 292 0083 P, 06/10
( Estimated Construction Colt
Watermaln 34,000.00
Bridge Crossing 2Q4,870.oo
$328,670.00
Contingencies 26,290.00
Englneerfng 55,900.00
Legal 3,290,00
Fiscal 3.200.00
Administration 9.860.00
Additional estimated Project Cost $98,630,00
Total EstImated Proj8Ct Cost $427,300.00
Estimated Cost Per lot
Crown Polnte 49 Lots
Crown Polnte East 107 lots
Total Lots 156 Units
) $427.500 = $2,739,1 OlUn"
c: 156 Units
Escrow 501ft
Crown pointe East 107x $2,739,10 - $293,084
49x $2,739.10 .. $134.218
I
(:
-4-
10784
Revised 2-2-95
'.. ,'&. "
FEB-e2-1995 09: 17
TKM
612 292 0083 P,07/HI
c
,
PROPOSED PROJECT TIME SCHEDULE
Crown Polnte East
Utility and Street Improvements
City Project g4.22
City 01 Andover, Minnesota
CommissIon No, 10784
1. City Council Receives Feasibility Report September 20, 1994
2. City Council Waives Public Hearing
3. Chy Council Orders Project and Authortzes engineer
to Prepare Plans and Specifications
Subject to Escrow Deposit
4. Engineer Submits Plans for Council Approval and
Receives Authorization to Advertise for Bids January 17, 1995
5, Advertise In OffICial Newspaper January 21 and 28, 1905
/ S. Advertise in Construction BuDetin January 21 and 28. 1995
(
7, Open Bids 11 :00 A.M. February 10, 1995
a, City Council Receives Bids and Awards Contract February 21.1995
0, Contractor Begins Construction, WeathM Pennitting March. 1995
10, Contractor Completes Substantial Constnretlon June 16, 1995
110 Contractor Completes Final Street Construction September 1, 1995
I
(,
-5-
10784
Revised 2.2-95
. '. '..
. .
(
"
, /
(,
(:
..
FEB-e2-1995 09:17
TKM
612 292 0083 P, 00/10
/
SUPPLEMENTARY PRELILlNARY COST EmMATE
Crown Polnte East
Utility and Street Improvements
City Proj9ct 04-22
City of Andover, Minnesota
Commission No. 10784
WATERMAIN
Item
No. Description
Quantity
Unit
Pric&
Amount
Watermaln between Low 1~ Bnd 18, Block 2, Crown Polnte ~st and propoeecl
Lots 3 and 4, Block 1, Crown Polnte
$ 23.00 $18,400.00
110,00 11,000,00
1700.00 3,400,00
800.00 1,200,00
$34,000,00
1,
2.
3.
4.
8" DIP Class 50 Watermaln
8" Crossing Pipe
8" Gate Valve & Structure
Restoration & Erosion Control
800.0 IF
100.0 LF
2.0EA
1.5AC
Estimated Construction Cost - Watonnain
Bridge Crossing" Coon Creek, within 142nd Avenue HW (Outlot C) and
Connection within Crown Polnte.
1,
2.
g,
4.
5.
S.
7.
a,
Bridge Complete
Muck Excavation
Embankment Fill
Class 5 Aggregate Base
Concrete Curb & Gutter
8ltumlnous Base Course
8ituminous Wear Course
Restoration & Erosion Control
1.0 EA 200.000.00
2,500.0 CY 7.00
14,000.0 CV 4.00
600.0 CY 7.00
1,200.0 LF 7.00
170.0 TN 22.00
110.0 TN 25.00
2.6 AC 800.00
Estimated Construction - Bridge Crossing
-6-
200,000.00
17,500,00
56,000.00
4,200,00
8,400.00
3,740.00
2,750,00
2.080.00
$294,670,00
10784
RevIsed 2-2-95
FEB-e2-1995 09:17 TKM 612 292 00B3 P,09/10
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/
(
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
February 21, 1995
DATE
AGENDA SECTION
NO Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
NO
Approve Revised Preliminary
Plat Resolution/Crown Pointe
East, Cont.
Scott
City
Erickson~t,
Engineer
~~
7.
At the February 7, 1995 City Council meeting the Council tabled
this item at the request of the developer. This item is requested
to be removed from the table for discussion.
The City Council is requested to consider approval of the
resolution amending Resolution 216-94 as outlined herein.
MOTION BY:
SECOND BY:
(
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE February 7, 1995
AGENDA
tn
SECTION
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
Discussion Items
ITEM
NO
Approve Amended preliminary
Plat Resolution/Crown pointe
East
Andover Review ~.t
Commi t tee <j) L
BY:
.;(,
( ~
The City Council is requested to approve the resolution amending
Resolution No. 216-94, Resolution No, 216-94 approved the
preliminary plat of Crown pointe East as being developed by
Ashford Development Corporation, Inc, located in Sections 25 &
26, Township 34,Range 24, Anoka County, Minnesota.
This resolution amends Resolution No, 216-94 to include
additional items that have been identified by the Andover Review
Committee,
I. Resolution No, 216-94, Item 2 provided for a variance for Lot
1, Block 2 from Ordinance 10, Section 4, Definition of
Buildable Area, Subparagraph B, as the lot does not meet the
one hundred (100') feet of depth of lot of buildable area,
The Council approved eighty-five (85') feet as the minimum
allowed. This lot has been renumbered as Lot 1, Block 3,
2. A variance for Lot I, Block 2 from Ordinance 10, Section 4,
Definition for Buildable Area, Subparagraph B, as the lot does
not meet the one hundred (100') feet of depth of lot of
buildable area. Allow a minimum of eighty-five (85') feet of
depth of buildable area of this lot.
3. A variance for Lot 4, Block 8 and Lot 22, Block 6 from
Ordinance 10, Section 4, Definition of Buildable Area,
Subparagraph B, as the lots do not meet the one hundred (100')
feet of depth of lot of buildable area, Allow for the wetland
encroachment in the buildable configuration as shown on the
preliminary plat revision dated January 24, 1995,
CONTINUED
(
'-
MOTION BY:
SECOND BY:
TO:
(
(
,
l .,
'-
I
4. A variance for Lot 10, Block 7, from Ordinance 10, Section
9.06, Definition of Lots and Minimum Lot Size, Subparagraph
A1, as the lot does not meet the requirement that corner lots
shall be a minimum of one hundred (100') feet wide as measured
at the building setback line or ninety (90') feet wide for
back to back lots. Allow a minimum ninety (90') feet of width
at the building setback for this lot.
5, A variance for Lot 10, Block 7, from Ordinance 8, Section
6.02, Minimum District provisions Chart, as the lot does not
meet the sideyard setback requirement of thirty-five (35')
feet for a corner lot butting the adjacent lot. Allow a
twenty-five (25') foot sideyard setback.
The preliminary plat has also been revised by the developer to
show the creek crossing to the east as a platted outlot (Outlot
C). The developer has proposed to include easements for
drainage, utility and street purposes for this lot. This method
allows for a future street extension while keeping the property
in the developer's name so if a crossing is not installed the
easements can be vacated and the property developed. If the
Council determines that a crossing is required, this outlot
(Outlot C) should be shown on the preliminary plat as dedicated
right-of-way,
,
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO,
A RESOLUTION AMENDING RESOLUTION NO, 216-94 APPROVING THE
PRELIMINARY PLAT OF CROWN POINTE EAST AS BEING DEVELOPED BY
ASHFORD DEVELOPMENT CORPORATION, INC, LOCATED IN SECTIONS 25
& 26, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA.
WHEREAS, the Andover Review Committee has reviewed the
revised preliminary plat citing the following revisions; and the
City Council concurs on the following:
1. Resolution No. 216-94, Item 2 provided for a variance for Lot
1, Block 2 from Ordinance 10, Section 4, Definition of
Buildable Area, Subparagraph B, as the lot does not meet the
one hundred (100') feet of depth of lot of buildable area.
The Council approved eighty-five (85') feet as the minimum
allowed. This lot has been renumbered as Lot 1, Block 3.
2. A variance for Lot 1, Block 2 from Ordinance 10, spction 4,
Definition for Buildable Area, Subparagraph B, as the lot does
not meet the one hundred (100') feet of depth of lot of
buildable area. Allow a minimum of eighty-five (8~') feet of
depth of buildable area of this lot.
3. A variance for Lot 4, Block 8 and Lot 22, Block 6 from
/ Ordinance 10, Section 4, Definition of Buildable Area,
Subparagraph B, as the lots do not meet the one hundred (100')
feet of depth of lot of buildable area, Allow for the wetland
encroachment in the buildable configuration as shown on the
preliminary plat revision dated
4, A variance for Lot 10, Block 7, from Ordinance 10, Section
9,06, Definition of Lots and Minimum Lot Size, Subparagraph
A1, as the lot does not meet the requirement that corner lots
shall be a minimum of one hundred (100') feet wide as measured
at the building setback line or ninety (90') feet wide for
back to back lots. Allow a minimum ninety (90') feet of width
at the building setback for this lot.
5, A variance for Lot 10, Block 7, from Ordinance 8, Section
6.02, Minimum District provisions Chart, as the lot does not
meet the sideyard setback requirement of thirty-five (35')
feet. A twenty-five (25') foot sideyard setback is requested.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby approve the revised prelimi~ary plat of
Crown pointe East
Adopted by the City Council of the City of Andover th:s
day of February, 19 95,
21st
CITY OF ANDOVER
J.E. McKelvey - Mayor
ATTEST:
victoria Volk - City Clerk
, j
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'~.-
COUNTY OF ANOKA
STATE OF MINNESOTA
JI~' ,!-::;. --;fci =-''':'(~'':''_~''''~
7 ;1 iC!:.4
RES. NO. 216-94
f:
~,
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF
CROWN POINTE EAST AS BEING DEVELOPED BY
DEVELOPMENT CORPORATION, INC. LOCATED IN SECTION
RANGE 24, ANOKA COUNTY, MINNESOTA.
WHEREAS, pursuant to published and mailed notice thereof, the
Planning and Zoning Commission has conducted a public hearing; and
ASHFORD
26, TOWNSHIP 32,
WHEREAS, the Andover Review Committee has reviewed the preliminary
plat; and
WHEREAS, as a result of such public hearing the Planning and
Zoning Commission recommends approval of the plat citing the
following; and the City Council concurs in the following:
1. A variance from Ordinance 10, Section 9.01 B to allow the
developer not to cover all of the owners contiguous land as part
of the preliminary plat. The Council has considered the matter
and because of the time frame in which the plat was developed
and the City's not requiring all plats prior to this to cover
the same criteria, that in this case the Council will grant a
variance.
2. A variance for Lot I, Block 2 from Ordinance 10, Section 4,
Definition of Buildable Area, Subparagraph B, as the lot does not
meet the 100 feet of depth of lot of buildable area. 85 feet is
the minimum allowed.
(
7.
3. The developer shall change the preliminary plat drawing to move
Palm Street to the east after a discussion with property owner
to the north, Mr. Chapman, for the best location.
4. That the developer shall make provision for the continuation of
a future street to the west to solve a public safety problem
for the area to be known as Crown Pointe. That location will
be determined at a later date by the City Council in conjunction
with the developer and the City Engineer after further study
has been completed.
5. That a Development Contract with Ashford Development Corporation
be drafted by the City Attorney to make sure that the City shall
have the necessary funds for the construction of said street to
the west with an inclusion of all the concerns of the Council as
talked about at the meeting tonight as to such crossing.
6. The preliminary plat and grading/drainage and erosion control
plan be revised to incorporate changes in the streets being
planned by the developer and reviewed by the Andover Review
Committee for ordinance compliance.
The developer is responsible to obtain all necessary permits .'
from the Coon Creek Watershed District, DNR, Corps of Engineers,
LGU, MPCA and any other agency that may be interested in the
site.
/
c
8.
The Park Commission is recommending cash in lieu of land.
/'
"W':,I'I;;;; ~
.-
(
9. That the developer, Ashford Development Corporation, will
meet with Mr. Chapman on the final alignment of Quince Street
as it touches his property on the eastern side of the plat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the preliminary plat of Crown Pointe East .
Adopted by the City Council of the City of Andover this 6th day
of September , 19-2!.
CITY OF ANDOVER
ATTEST:
i~tldL-
V1ctor1a Volk - City Clerk
,
(:'
(
~.
.,
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
February 21, 1995
DATE
AGENDA SECTION
NO Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
NO
Approval of Final Plat/
Crown Pointe East, Cont,
Scott Erickson,
Engineering
BY '1JI tJ
t
g.
At the February 7, 1995 City Council meeting the Council tabled
this item at the request of the developer. This item is requested
to be removed from the table for discussion.
The City Council is requested to consider approving the final plat
of Crown Pointe East as being developed by Ashford Development
Corporation, Inc,
)
MOTION BY:
SECOND BY:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO,
A RESOLUTION APPROVING THE FINAL PLAT OF CROWN POINTE EAST AS
BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, INC, IN
SECTIONS 25 & 26, TOWNSHIP 32, RANGE 24, ANOKA COUNTY,
WHEREAS, the City Council approved the preliminary plat of
Crown pointe East ; and
WHEREAS, the developer has presented the final plat of
Crown pointe East
WHEREAS, the City Engineer has reviewed such plat for conformance
with the preliminary plat; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the final plat of Crown Pointe East
contingent upon receipt of the following:
1, The City Attorney presents a favorable title opinion,
2, Security to cover legal, engineering, street sign and installation
costs as determined by the City Engineer,
3, The developer escrow for the uncompleted grading of this site
which is to be determined by the City Engineer or of the site is
completed, a letter from the developer's engineer that lots and
streets are graded according to the grading plan submitted and
approved or revisions thereof by the City,
4, The final plat not be signed by the Mayor and City Clerk until
there is an executed development contract, escrow paid (15% of the
total cost of the improvements for the property), streets,
utilities, etc and a contract for the improvements has been
awarded,
5, Street light costs to be paid to the Anoka Electric Cooperative,
Cost to be determined by Anoka Electric Cooperative,
6. Park dedication is to be cash in lieu of land,
7, Receipt of all necessary drainage utility easements outside of the
plat.
8. The drainage and utility easements have been signed and recorded
for Outlots A and B for the plat,
,
9, The street easements for the temporary cul-de-sacs have been
signed and recorded,
10, The street easement be recorded for Outlot C or if the Council
directs that this area be shown as platted right-of-way,
/
,
I
11, The developer escrow for the extension of 142nd Avenue NW, the
creek crossing, and also the watermain loop,
12, Revised preliminary plat and grading as needed by the city,
Adopted by the City Council of the City of Andover this
21st
day of February
, 19 95 ,
CITY OF ANDOVER
ATTEST:
J, E, McKelvey - Mayor
Victoria Volk - City Clerk
I
(
4
(
,
( 4
"
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE February 7, 1995
AGENDA SECTION
NO Discussion Items
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Scott Erickson, ~~
Engineering ~
ITEM
NO
Approve Final Plat/Crown
Pointe East
BY:
3.
The City Council is requested to approve the resolution approving
the final plat for the Crown pointe East development project,
Th~ final plat is found to be in compliance with the preliminary
plat. The drainage and utility easements have been reviewed and
are properly shown on the plat. It is recommend that the final
plat be approved subject to the following stipulations:
1. The City Attorney presenting a favorable title opinion.
2. Security to cover legal, engineering, street. sign and
installation costs to be determined by the City Engineer,
3, The developer escrow for the uncompleted grading of this site
which is to be determined by the City Engineer or if the site
is completed, a letter from the developer'S engineer that
lots and streets are graded according to the grading plan
submitted and approved or revisions thereof by the City,
4, The final plat not be signed by the Mayor and City Clerk
until there is an executed development contract, escrow paid
(15% of the tqtal cost of the improvements for the property),
streets, utilities, etc and a contract for the improvements
has been awarded.
5, Street light
Cooperative.
Coope r a t.i ve .
6, Park dedication is to be cash in lieu of land.
costs to be paid to the Anoka Electric
Cost to be determined by Anoka Electric
CONTINUED
MOTION BY:
SECOND BY:
TO:
(
( )
(
)
7. Receipt of all necessary drainage utility easements outside
of the plat,
8, The drainage and utility easements have been signed and
recorded for Outlots A and B for the plat,
9. The street easements for the temporary cul-de-sacs have been
signed and recorded.
10. The street easement be recorded for Outlot C or if the
Council directs that this area be shown as platted right-of-
way.
11. The developer escrow for the extension of 142nd Avenue NW,
the creek crossing, and also the watermain loop,
12. Revised preliminary plat and grading as needed by the City.
. /
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION RECEIVING THE SUPPLEMENTAL FEASIBILITY REPORT OF
WATERMAIN, STREET, STORM DRAIN AND APPURTENANCES
PROJECT NO. 94-22 IN THE CROWN POINTE EAST
,
AREA.
WHEREAS, a Feasibility Report was prepared by TKDA and
accepted by the City Council on September 20, 1994 , Resolution No.
229-94 and the public hearing was waived; and
WHEREAS, a Supplemental Feasibility Report has been prepared by
TKDA for the improvements; and
WHEREAS, such supplemental report was received by the City
Council on the 7th day of February , 19 95 and
WHEREAS, such report declared the proposed improvement to be
feasible for an estimated cost of $ 427,300.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
, 1. The City Council hereby accepts the Supplemental Feasibility
, J Report for Project No. 94-22 , for the improvements,
2, The Council will consider the improvements in accordance
with the report and the assessment of abutting property
for all or a portion of the improvement pursuant to
Minnesota Statutes Chapter 429 at an estimated total cost
of the improvement of $ 427,300,00
MOTION seconded by Councilmember
and adopted by the
City Council at a
regular
meeting this 21st day of
February
19~, with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey - Mayor
J
Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
February 21, 1995
DATE
AGENDA SECTION
NO Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
t-.O.
Approval Development Contract/
Crown Pointe East, Cont,
scot~ Er i~kson,~ L
Eng~neer~ng
BY:
q.
At the February 7, 1995 City Council meeting the Council tabled
this item at the request of the developer, This item is requested
to be removed from the table for discussion.
The item is as described in the attached discussion herein.
In addition to the previous discussion item, Item 2Al under
Developer's Improvements is added which reads: The Developer shall
be responsible for providing all soil correction and grading to the
City street standards for the right-of-way for 142nd Avenue NW also
known as Outlot C.
In addition, the developer has requested that a paragraph be
inserted into the development contract that reads: If the Council
decides the crossing is not required, the City will vacate the
easements over Outlot C, This item can be added pending the
results of the discussions regarding the crossing.
Council may also wish to include in this development contract the
proposed revisions that are being considered for urban area
development contracts.
MOTION BY:
SECOND BY:
(
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE Februarv 7. 1995
AGENDA
NO
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Discussion Items
scot~ Eri~kson,^r
Englneenng r//(./
ITEM
NO
Approve Development Contract/
Crown pointe East
BY:
4.
c
/
The City Council is requested to approve the Development Contract
for the Crown pointe East development project. The Development
Contract will be with Ashford Development Corporation, Inc. for
this development.
The development contract for this subdivision is the standard
contract used by the City in past development projects. The
contract has been modified by adding Item 13 on page 12 which
addresses the future utility road and creek crossing to provide
for a future access between Crown pointe East and Crown pointe,
This item reads:
FUTURE UTILITY, ROAD AND BRIDGE CONSTRUCTION. The Developer
acknowledges that in order to develop property that he
currently owns which is contiguous to Crown pointe East that it
will be necessary to construct extensions of bituminous street,
watermain and the construction of a bridge to serve such
property, The Developer, his heirs, successors or assigns
hereby acknowledges that he shall be responsible for the
construction costs of such improvements at the time said
contiguous property is developed. The estimated cost of such
improvements is Four Hundred Twenty-seven Thousand Three
Hundred and no/100 ($427,300.00) Dollars. Notwithstanding such
amount Developer shall be responsible for the actual
construction costs incurred for such improvements.
Council has also expressed an interest in the past to regulate
the phasing of the construction on a development project to
ensure the City utilities and streets are constructed prior to
issuing building permits or certificates of occupancy. Council
may wish to modify Item 6 on Page 10 of the Development Contract
the section on Building Permits and Certificates of Occupancy to
read as follows:
CONTINUED
l
MOTION BY:
SECOND BY:
( J
. J
l
l'
Where a platted street intersects an existing city street or
County road the city Building Official may issue building
permits for any lot fronting the new platted street and within
A maximum distance of one hundred fifty (150') feet from this
intersection or if a service road is constructed it may be
constructed for a maximum of three hundred (300') feet at a
location approved by the city upon which the building permits
may be issued at the discretion of the city Building Official,
(
C::
"
l
~
DEVELOPMENT CONTRACT
(City Installed Improvements)
THIS AGREEMENT made this
day of
.1995, is by
and between the City of Andover, whose address is 1685 Crosstown Boulevard N,W"
"
Andover. MN 55304, a municipal corporation organized under the laws of the State
of Minnesota, hereinafter referred to as the "City", and Ashford Development
Corporation, Inc" whose address is 3640 152nd Avenue N,W" Andover, MN 55304,
hereinafter referred to as the "Developer".
WHEREAS, the Developer has received approval from the City Council for
a plat of land within the corporate limits of the City known as Crown Pointe East,
hereinafter called "Subdivision"; 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 Ordinance and Minnesota Statute
462.358 authorized the City to enter into a performance contract secured by a bond,
cash escrow or other security to guarantee completion and payment of such
improvements following final approval and recording of final plat; and
WHEREAS, Minnesota Statute 429 provides a method for assessing the
cost of City installed improvements to the benefited property.
NOW, THEREFORE, in consideration of the mutual promises of the parties
made herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
-1-
(
1,
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" .
2, 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 the front 100 feet
of the lots, common greenway and open spaces, storm water
storage ponds and surface drainage ways including sodding of
boulevards all in accordance with the approved grading, drainage
and erosion control plan, 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.
(...
"
1, The Developer shall be responsible for providing all soil
correction and grading to the City Street Standards for the
right-of-way for 142nd Avenue N,W. also known as Outlot
C.
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. 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.
t
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
-2-
(
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. 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 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,
D, The Developer shall make all necessary adjustments to the curb
stops to bring them flush with the topsoil (after grading),
E, The Developer shall remove all dead and diseased trees before
building permits will be issued.
F.
The Developer shall be responsible for street maintenance,
including curbs, boulevards, sod and street sweeping until the
project is complete. All streets shall 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 impassible, 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.
(
G, 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.
Residential 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.
c
2, It shall be the responsibility of the Developer to:
-3-
( /
a.
Advise all lot purchasers of their responsibility for
street lighting operati"ng charges,
b, Pay for street light charges for all lots owned by the
Developer,
H. 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.
I, 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,
J, The Developer shall make provision that all gas, telephone and
electric utilities shall be installed to serve the development,
K. Cost of Developer's Improvements, description and completion
dates are as follows:
(
Description of
Imorovements
Estimated
Cost
Date to be
Comoleted
1.
2,
3.
4,
5.
Total Estimated Construction Cost
For Developer's Improvements:
$
Estimated Legal, Engineering and
Administrative Fee ( %)
$
c
Total Estimated Cost of Developer
Improvements
$
Security Requirement (150%1
$
-4-
L. 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, The Developer shall also grant a
permanent easement for street and utility purposes over
Outlot C of the plat.
(
c
/
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
following the City's final acceptance of the Developer's
Improvements, 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, Irrevocable Letter of Credit, or a Performance Bond,
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
-5-
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,
3, CITY'S IMPROVEMENTS, In accordance with the policies and
ordinances of the City, the following described improvements (hereinafter collectively
called the "Improvements"), as referenced in the plans and specifications 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:
A.
Street grading, graveling and stabilizing, including construction of
berms and boulevards (hereinafter called "Street Improvements")
(
B. 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")
C, Sanitary sewer mains, laterals or extensions, including all
necessary building services and other appurtenances (hereinafter
called "Sanitary Sewer Improvements")
D. Water mains, laterals or extensions, including all necessary
building services, hydrants, valves and other appurtenances
(hereinafter called "Watermain Improvements")
E. Permanent street surfacing, including concrete curb and gutter
(hereinafter called "Permanent Street Improvements")
F, Standard street name signs at all newly opened intersections
(hereinafter called "Traffic Signing Improvements")
G,
1.
Construction Procedures, All such improvements set out in
Paragraph 3.A-F above shall be instituted. constructed and
financed as follows: The City shall commence proceedings
pursuant to Minnesota Statute 429 providing that such
(
-6-
\
'\
\
~-
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,
2,
Securitv. Levv of Soecial Assessments and Reauired
Pavment Therefor. Prior to the preparation of final plans
and specifications for the construction of said
improvements, the Developer shall provide to the City a
cash escrow or letter of credit in an amount equal to fifteen
(15%1 percent of the total estimated cost of said
improvements as established by the City Engineer,
SECURITY REQUIREMENT (15%): $
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, 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 incurred by the City, shall be
assessed against the benefited properties within the
Subdivision in ten (101 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 3,G,3 herein. In the event any
payment is not made on the dates set out herein, the City
may exercise its rights pursuant to Paragraph 3,G.4 hereof.
The Developer waives any and all procedural and
-7-
'.
\ /
~ /
l.. ,J
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,
3.
Reauired Pavments of Soecial Assessments bv Develooer,
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 a 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.
4.
Acceleration Uoon 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 and remedies hereunder, after ten (10) days' written
notice to the Developer, may declare all of the unpaid
-8-
~ /
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 3.G.2 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,
\, ./
4.
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, 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 second
paragraph of Section 3,G.3 on page 9.
5. REIMBURSEMENT OF COSTS, The Developer agrees to fully
reimburse the City for all costs incurred by the City including, but not limited, to the
~ J
actual costs of construction of said improvements, engineering fees, legal fees,
inspection fees, interest costs, costs of acquisition of necessary easements, if any,
-9-
~ /
and any other costs incurred by the City relating to this Development Contract and the
installation and financing of the aforementioned improvements.
6, 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,
No Certificate of Occupancy permit shall be issued for any house in the
plat until the following have been completed:
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. All sanitary sewer and watermains have been inspected and
accepted by the Public Works Director and the first one and one-
half (1-1/2) inches of bituminous has been placed, The Council
may, at its discretion, delete or change this one and one-half (1-
1/2) inches blacktop provision if requested by a Developer who
can prove exceptional circumstances beyond his control which
makes it unable for them to meet such construction requirements,
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. water and sewer improvements required by this
,-/
Development Contract have been installed, unless the City has agreed in writing to
waive this requirement as to a specific premises,
-10-
~ 7, CLEANUP. Developer shall promptly clean dirt and debris from
streets that has resulted from construction by the Developer, its agents or assigns,
8. 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.
9, INSURANCE. Developer and/or 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 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 ($200,000,001 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 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.
10. REIMBURSEMENT OF COSTS FOR DEFENSE, The Developer
\.:./
agrees to reimburse the City for all costs incurred by the City in defense of
-11-
l. enforcement of this contract, or any portion thereof, including court costs and
reasonable engineering and attorneys' fees,
11, 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,
12, 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.
,
\, I
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.
13. FUTURE UTILITY. ROAD AND BRIDGE CONSTRUCTION, The
Developer acknowledges that in order to develop property that he currently owns
\.: ~. which is contiguous to Crown Pointe East that it will be necessary to construct
extensions of bituminous street, watermain and the construction of a bridge to serve
-12-
\ I
\ such property. The Developer, his heirs, successors or assigns hereby acknowledges
that he shall be responsible for the construction costs of such improvements at the
time said contiguous property is developed, The estimated cost of such improvements
is-iour Hundred Twenty-seven Thousand Three Hundred and no/IOO ($Q27,300,O(
Dollars
Notwithstanding such amount Developer shall be responsible for the actual
construction costs incurred for such improvements,
14. REMEDIES FOR VIOLATIONS 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
CITY OF ANDOVER
ASHFORD DEVELOPMENT
CORPORATION,INC,
By
By
Gerald G. Windschitl
Its President
Mayor
ATTEST:
By
Clerk
\: ,"
-13-
\ STATE OF MINNESOTA )
) 55,
COUNTY OF ANOKA )
On this _ day of
, 1995, 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.
Notary Public
t~, I
STATE OF MINNESOTA )
) 55.
. COUNTY OF ANOKA )
On this _ day of
, 1995, before me, a Notary Public
within and for said County, personally appeared Gerald G, Windschitl, to me known
to be the president of Ashford Development Corporation, Inc,. a corporation organized
and existing under the laws of the State of Minnesota, and who executed the
foregoing instrument and acknowledged that he executed the same on behalf of said
corporation,
Notary Public
This instrument was drafted by:
William G. Hawkins and Associates
299 Coon Rapids Blvd., #101
Coon Rapids. MN 55433
l:'
-14-
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
February 21, 1995
AGENDA SECTION
NO Discussion Item
ITEM
t-.O.
Award Bids/Crown Pointe
East/City Project 94-22
/CJ,
DATE
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
scot~ Eri~kson,A(
Eng~neer~ng (1L
v
Bids were opened on February 14, 1995 for Crown pointe East, City
Project 94-22. A total of 14 bidders bid the project.
The bid result are as follows:
Contractor
C.W. Houle, Inc.
Ryan contracting
Redstone Construction
Hydrocon
Northdale Construction
Inland utility Construction
LaTour Construction
Landwehr Construction
Richard Knutson, Inc.
Kadlec Excavating of Mora, Inc.
Frattalone
Brown & Cris, Inc.
Burschville Construction
Bonine Excavating, Inc.
Engineer'S Estimate
Total Bid
$636,842.90
$637,284.50
$649,558,47
$649,840.00
$665,481.53
$676,984.89
$687,315,80
$711,965.20
$730,269.14
$739,226,43
$750,728.35
$762,533.36
$788,585.00
$816,469.95
$815,297.15
The original bids identified Ryan contracting as the low bidder
with C.W. Houle, Inc. as the second low bidder, A bid tabulation
was performed by TKDA which identified an incorrect number in the
Ryan Contracting bid resulting in C.W. Houle, Inc. as the low
bidder.
Upon reviewing the bid tabulation, C.W, Houle, Inc is the
bidder for the project with a bid amount of $636,842.90.
Houle, Inc. has successfully performed other projects for
city.
low
C.W.
the
CONTINUED
MOTION BY:
SECOND BY:
At this time, the developer doea not have an approved final plat
or development agreement with the city.
Prior to award of thia contract by the City Council, it will be
necesaary to insure that all required documentation is complete.
Council can consider the following options regarding this
project.
1. Receive bids but not award a contract at this time.
2. Award a contract to the low bidder, C.W. Houle, Inc. in the
amount of $636,842.90 for the construction of City Project 94-
22 contingent on the final plat, development agreement and all
other permits and documentation being approved and executed.
3, Award a contract to the low bidder, C.W. Houle, Inc., in the
amount of $636,842.90 for the construction of City Project 94-
22.
/
3, Reject bids.
\
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
February 21, 1995
DATE
AGENDA SECTION
NO Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
NO
Approve Development Contract/
Sharon's 2nd Addition
scott.Eric~son'~l
Eng~neer~ng
BY:
I/.
The City Council is requested to consider approval of the
development contract for Sharon's 2nd Addition.
,
/
The development contract as presented for thio subdivision io the
standard contract used by the City in the paot for urban
development projects. The contract is proposed to be modified by
including a paragraph otating that the developer will be
responoible for paying for the costs asoociated with the
installation of a pumping facility for Pond C located within the
Hills of Bunker Lake Additions development project. The pumping
facility is required due to a number of hames located along the
pond being built at elevations below what was approved thus
requiring the pond to be pumped in order to provide flood
protection for the hames.
The Council may also wish to include in thio development contract
the proposed revisions that are being considered for urban area
development contracts.
,
I
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE Februarv 21, 1995
AGENDA
r-.o.
SECTION
ORIGINATING DEPARTMENT
Todd. J, H<;,as, AQ
Eng~neenng C1JL.
APPROVED
FOR AGENDA
Discussion Item
ITEM
NO
BY:
Approve Final Plat/Sharon's
2nd Addi tion
/~
The City Council is requested to approve the final plat for
Sharon's 2nd Addition.
The final plat is in compliance with the preliminary plat,
Drainage and utility easements will be reviewed prior to filing
of plat.
It is recommended that the plat be approved subject to the
following:
1, The City Attorney presenting a favorable title opinion,
2. Security to cover legal, engineering, street sign and
installation costs to be determined by the City Engineer,
3, The developer escrow for the uncompleted grading of the site
which is to be determined by the City Engineer or if the site
is completed, a letter from the developer's engineer that
lots and streets are graded according to the grading plan
submitted and approved or revisions thereof by the City,
4. The final plat not be signed by the Mayor and Clerk until
there is an executed Development Contract, escrow paid (15%
of the total costs for the improvements for the property
{streets, utilities, etc,}),
5. Street lights costs to be paid to Anoka Electric Cooperative,
Costs to be determined by Anoka Electric Cooperative,
6. park dedication is to be cash in lieu of land as determined
in Ordinance 10, Section 9,07.
7, Receipt of all necessary drainage and utility easements
outside the plat.
/
Note: City staff will be working with the developer to ensure
all the necessary drainage and utility easements have been
shown on the final plat, The variance was approved as
part of the preliminary plat,
MOTION BY:
SECOND BY:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO,
A RESOLUTION APPROVING THE FINAL PLAT OF
AS BEING DEVELOPED BY RAINTREE REALTY INC,
32, RANGE 24, ANOKA COUNTY,
SHARON'S 2ND ADDITION
IN SECTION 26, TOWNSHIP
WHEREAS, the City Council approved the preliminary plat of
Sharon's 2nd Addition ; and
WHEREAS, the developer has presented the final plat of
Sharon's 2nd Addition
WHEREAS, the City Engineer has reviewed such plat for conformance
with the preliminary plat; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the final plat of Sharon's 2nd Addition
contingent upon receipt of the following:
1, The City Attorney presents a favorable title opinion,
2, Security to cover legal, engineering, street sign and installation
costs as determined by the City Engineer,
3. The developer escrow for the uncompleted grading of the site which
is to be determined by the City Engineer or if the site is
completed, a letter from the developer's engineer that lots and
streets are graded according to the grading plan submitted and
approved by the City,
4. The final plat is not to be signed by the Mayor and Clerk
until there is an executed Development Contract, escrow paid (15%
of the total cost for the improvements for the property {streets,
utilities, etc,}).
5, Street light costs to be paid to Anoka Electric Cooperative.
BE IT FURTHER RESOLVED citing the following:
1. Variance for Lots 2 & 7, Block 1 for lot depth as the average does
not meet the 130 foot minimum as required by Ordinance 8, Section
6,02,
2, Developer is responsible to obtain all permits from U,S, Army
Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA
or any other agency that is interested in the site,
3. Park dedication to be cash in lieu of land as determined by
Ordinance 10, Section 9,07.
Adopted by the City Council of the City of Andover this
21st
day of
February
, 19 95 .
i
CITY OF ANDOVER
ATTEST:
J, E, McKelvey - Mayor
Victoria Volk - City Clerk
<i
'"
05
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
February 21, 1995
AGENDA SECTION
NO Diocuooion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
NO
Schedule Special Meeting
w/park & Recreation commisoion
~
Todd J. Haao, \
Parks Coordinator
B~
13.
The city Council io requeoted to schedule a opecial meeting with
the Park and Recreation cammiosion.
The commiosion would like to discuoo the poosibility of exploring
a park bond with the City Council.
The date that could be conoidered is March 2, 1995 at 7:30 PM.
The City Council, if intereoted, would need to move fairly quickly
as the City needs to notify the County Auditor and the Secretary of
State 45 days before an election is held. The previous city
Council did express having the election in May prior to school
letting out for the summer.
MOTION BY:
SECOND BY:
\
CITY of ANDOVER
/
1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100
MEMORANDUM
Park & Recreation Commission
TO:
COPIES TO:
FROM:
DATE:
REFERENCE:
Todd Haas, Park Coordinator
Vicki Volk, City Clerk~
Februarv 10. 1995
Park Bond Election
/
Following are the election options for your park bond issue:
Open all 7 polling places with 3 election judges in each polling
place, Approximate cost - $2,700.00,
Combine polling places into one central polling place.
Approximate cost $4,806,38, This would require that we mail a
notice to each registered voter in the city to notify them of the
change in their polling place,
Conduct a mail-in election. Approximate cost $10,200,00,
This would require that a ballot be mailed to each registered
voter in the city, As of Wednesday, February 8, 1995 there were
11,333 registered voters,
Please keep in mind that I need to notify the County Auditor and
the Secretary of State 45 days before an election is held.
.'
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
February 21, 1995
DATE
AGENDA SECTION
NO Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
NO
Accept Easements/93-30/Bunker
Lake Boulevard Frontage Road
scot~ Eri~kson,~~
Eng~neer~ng
BY:
Fl
The city Council is requested to consider accepting the easements
and authorizing payment of up to $7,600.00 for the purchase of
easements for the Bunker Lake Boulevard Frontage Road, Project 93-
30. '
The easements have been obtained fram Edward and Jean Prater and
\ John and Sheila Imre as noted on the attached documentation.
/
,
,
MOTION BY:
SECOND BY:
C..13-'$t:)
LAW OFFICES OF
/ William G. Hawkins and Associates
WIlliam G. Hawklna
Barry A. Sullivan
Lega' Aaalalanta:
Mary K. Kozlak
Wendy B. DeZelar
SuMe 101
299 Coon Rapkla Boulevard
Coon Rapkla, MN 55433
Phone (612) 784-2998
January 30, 1995
Ms. Victoria Volk
Andover City Hall
1685 Crosstown Blvd,
Andover, MN 55304
Re: Bunker Lake Frontage Road
Prater/lmre Easements
J
Dear Vicki:
Enclosed herein please find Easement Grants which have been signed by Edward
and Jean Prater and John and Sheila Imre. Please complete the acceptance portion
of the easements and return them to my office so that I may have them recorded.
Thank you for your assistance with this matter,
WGH:mk
Ene,
J
..
/
EASEMENT GRANT
1'- -~
THIS EASEMENT. made this ~ day of /Jl~~ . 1994. by Edward J,
Prater and Jean A. Prater, husband and wife, Grantors,' 0 the City of Andover, a
municipal corporation. Grantees, County of Anoka, State of Minnesota,
WITNESSETH, that Edward J, Prater and Jean A. Prater for value received do
hereby dedicate to the City of Andover a permanent easement over the land located
within the City of Andover, County of Anoka, State of Minnesota, described as
follows:
A permanent easement for street purposes over, under and across the North 40.02
feet of Lot 2. Pankonin Addition. Anoka County, Minnesota
The City of Andover further makes the following covenants to Grantor(s):
1,
Compensation to be paid to you for the above easement in the amount of Seven
Thousand Six Hundred and nol100 ($7,600.00) Dollars less:
I
Delinquent taxes for the year 1990 in the amount of Nine Hundred Ninety-six
and 55/100 ($996.55) Dollars paid directly to the County of Anoka;
Delinquent taxes for the year 1991 in the amount of One Thousand Seven
Hundred Eighty and 261100 ($1,780,26) Dollars paid directly to the County of
Anoka;
Delinquent taxes for the year 1992 in the amount of One Thousand Seven
Hundred Fifty-six and 81/100 ($1.756,81) Dollars paid directly to the County
of Anoka;
which results in the amount of Three Thousand Sixty-six and 38/100
($3,066,38) Dollars being paid to Edward J. Prater and Jean A. Prater,
State Deed Tax Due: None
IN WITNESS WHEREOF, Edward J. Prater and Jean A, Prater have caused these
presents to be executed or have set their hands the day and year first above written.
IN PRESENCE OF:
~~~
Edwar ,Prater
lito,,, ~ ~
ean A, Prater
/
. I
STATE OF MINNESOTA )
) ss,
COUNTY OF ANOKA )
On this /7 day of Yn.. et :iP ' 1994, before me, a notary public within
and for said County. personally peared Edward J. Prater and Jean A. Prater,
husband and wife, to me known to be the person(s) described in and who executed
the foregoing instrument and they executed the same as their free act and deed,
tI,.^....,'V\,.,A."-^^^^N~MM^M/+..
~.O""-~'-'\ JANE C, KEBLAR ~
~.\:~~;:; NOTAIlY PUBLIC-MINNESOTA
~ ~ mOKA COUNTY
~ My Commission Expires Mar. 5. 19S6 t
. .
~( t _'-PEli~J
Notary Public
NOTICE IS HEREBY GIVEN that the City of Andover. County of Anoka, State of
Minnesota, has accepted on . 1994, the above described easement
in this document.
Dated:
,1994
CITY OF ANDOVER
(SEAL)
By
Clerk
This instrument was drafted by:
William G, Hawkins and Associates
299 Coon Rapids Blvd., #101
Coon Rapids, MN 55433
t.--\.
, ,
./
/
J..'
EASEMENT GRANT
.2. ;or,.\. -( ~
THIS EASEMENT, made this J day of -l 0." , , 199A, by John P. Imre
and Sheila M. Imre, husband and wife. Grantors, to the City of Andover, a municipal
corporation, Grantees. County of Anoka, State of Minnesota,
WITNESSETH, that John p, Imre and Sheila M, Imre for value received do
hereby dedicate to the City of Andover a permanent easement over the land located
within the City of Andover, County of Anoka, State of Minnesota. described as
follows:
A permanent easement for street purposes over, under and across the North 40,02
feet of Lot 2, Pankonin Addition, Anoka County. Minnesota
State Deed Tax Due: None
IN WITNESS WHEREOF, John P. Imre and Sheila M, Imre have caused these
presents to be executed or have set their hands the day and year first above written,
IN PRESENCE OF:
~
~ m ~Al~
/ Sheila M. Imre
STATE OF MINNESOTA )
~<"~/'~L ) ss.
COUNTY OF ANOKl\ )
? ..-.- ~
On this 013 day of ':';01 , 1994'; before me, a notary public within
and for said County, personally appeared John P. Imre and Sheila M, Imre, husband
and wife, to me known to be the person(s) described in and who executed the
foregoing instrument and they executed the same as their free act and deed.
6!Lttj/ /jk/J~V;
N'otary Public I
,
"J "
SHERYL WEIBERG
NOTARY PUBUC- MINNESOTA
SHERBURNE COUNTY
MY COMMISSION exPIRES '.3Hlll
,
.I
,)
NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of
Minnesota, has accepted on , 199#, the above described easement
in this document. S
Dated:
,1994
(SEAL)
This instrument was drafted by:
William G. Hawkins and Associates
299 Coon Rapids Blvd" #101
Coon Rapids, MN 55433
CITY OF ANDOVER
By
Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE February 7, 1995
AGENDA
NO
SECTION
ORIGINATING DEPARTMENT
scot~ Eri~kso~j~
Eng~neer~ng QJ
APPROVED
FOR AGENDA
Discussion Items
ITEM
NO
Approve Plans & Specsl 94-11
City Hall Park Complex *1
w-
/0.
The City Council is requested to consider approval of plans and
specifications and order advertisement for bids for City Project
94-1, City Hall Park Complex *1 Lighting,
At the December 20, 1994 City Council meeting the Council ordered
plans and specifications be prepared by Wunderlich-Malec
Engineering Inc,
)
The plans and specifications are available in the Engineering
office for review,
MOTION BY:
SECOND BY:
\
CITY OF ANDOVER
COUNTY OF ANOKA
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, 94-1,
CITY HALL PARK COMPLEX #1
FOR LIGHTING CONSTRUCTION.
WHEREAS, pursuant to Resolution No, 297-94 , adopted by the City
Council on the 20th day of December , 19 94, Wunderlich-Malec
has prepared final plans and specifications~ Project 94-1
tor lighting construction; and
WHEREAS, such final plans and specifications were presented to
the City Council for their review on the 21st day of
February , 19 95
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the Final plans and Specifications ,
\
j BE IT FURTHER 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 opened at 11:00 AM
Tuesday, March 14 , 19~ at the Andover City Hall,
MOTION seconded by Councilmember
and
adopted by the City Council at a
regular
meeting this
21st
day of
February
, 19~, with Councilmembers
voting in favor of the resolution
and Councilmembers
voting against
same whereupon said resolution was declared passed,
CITY OF ANDOVER
ATTEST:
J. E, McKelvey - Mayor
Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
February 21, 1995
DATE
AGENDA SECTION
NO Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
NO
Approve Final payment/
92-25/University Avenue
Todd J. Haas,
Engineering
dl
Ie:"
The City Council is requested to approve the resolution accepting
work and directing final payment to W.B. Miller, Inc. via the City
of Ham Lake for Project 92-25 for the improvement of street and
storm drain in the area along University Avenue Extension.
A check in the amount of $8,485.41 which includes engineering and
construction in the payment of claims to be made out to the City of
Ham Lake for final payment. The Joint Powers Agreement allows Ham
Lake to make payment to the contractor.
The original bid was in the amount of $499,910.40.
construction cost was in the amount of $554,301.51
$260,429,32 is Andover's share,
The final
of which
The feasibility reports estimated project cost was $618,363.00.
MOTION BY:
SECOND BY:
\
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
following:
to adopt the
A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO
W.B. MILLER. INC. VIA THE CITY OF HAM LAKE FOR PROJECT
NO. 92-25 FOR THE IMPROVEMENT OF STREET AND STORM DRAIN IN
THE FOLLOWING AREA: UNIVERSITY AVENUE EXTENSION
WHEREAS, pursuant to a written contract signed with the City
of Andover on July 20 ,19~, W.B. Miller. Inc. of
Ramsey. MN has satisfactorily completed the construction in
accordance with such contract.
\
)
NOW, THEREFORE, BE IT RESOLVED by the city Council of
Andover, Minnesota that the work completed under said contract is
hereby accepted and approved; and
BE IT FURTHER RESOLVED that the City Clerk and Mayor are
hereby directed to issue a proper order for the final payment on
such contract, taking the contractor's receipt in full.
MOTION seconded by Councilmember
and adopted
by the City Council at a
regular
meeting this
day of
21st
February , 19~, with Councilmembers
voting in favor of the resolution
and Councilmembers
voting against whereupon said resolution was passed,
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
"
)
Victoria Volk - City Clerk
\
J
I
'\
)
-~-
LOCATION MAP
-MSA..SIBEET~OJEc.T
.~.
FIGURE j
'.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
February 21, 1995
DATE
AGENDA SECTION
NO Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
t-.O.
Accept Drainage Easement/
Foxberry Farms
Scott Eri~kson,Jt
city Eng~neer
, lJ
~,~~
~
\.I
/7.
The City Council is requested to accept a drainage easement for
Lots 13 & 14, Block 5, for the Foxberry Farms development project.
The easement is for drainage purposes along the rear of these two
properties.
I
.I
MOTION BY:
SECOND BY:
02/16/95 13:58 FAX 612 475 0301
LAHBERT & BOEDER
141 001/005
,
\
; LAMBERT & BOEDER
A PROFPmONAL lJMm!D LlABIUIY p~
JfJ'PUY W. LAMBEltT AnmNEYS AT LAw ()p CoUNS2L
Lmz R. Rw:oNlZl'Tll J.o.MlllI M V1>nuu.
B.~ce A. 60EtlElt 10<10 SUmJo~ 60UIZVAIUl W~ v_ Blel!LO.... 1Il.
WA'YZATA, MlNImoTA 3S391 8AJB.t.M ZlI!(lI.!:& NilILIlY
(612) 475-3431
(800) 947.2176
TI!u!coPlER; (612) 47So0301
FACSJMll,E COVER LETIER
DATE: February 16, 1995
TO: Scott Erickson, City Engineer
CITY OF ANDOVER
FAX NO.: 755-8923
FROM: Susan M. Mattison, Assistant to Broce A. Boeder
I SUBJECT: Contractor Property Developers Company/City of Andover
Drainage Easement
Lots 13 and 14, Block 5, FOXBERRY FARMS
COMMENTS:
Please see attached correspondence and Drainage Eascm~t.
Our File No. 5691.6
COVER PAGE PLUS ~ PAGE(S)
IF YOUDO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL 475-3435 IMMEDIATELY
CONFIDENTIALITY NOnCE: Alldocuments mdinfmnation comained inthis
(acslml1e mmmission are leglllly privileged ~ CQIJfidcnlial, and ale imcndcd
ONLY tor- the recipiec1 named above. IT you are T10t the intended recipieDt,
please deliver to the Il3n\ed recipiem. If you have received this transmission in
error, please notifY us immediately by telephone to arrange for retum or disposal
of this iIlfonnalion.
\
/
02/16/95 13:58 FAX 612 475 0301
LAHBERT & BOEDER
I4i 002/005
'\
/
LAMBERT & BOEDER
A PaoI'ESSlOllAL l.oo1'tD LIAIIIurY I'AIlJl<tK!iHIP
JEmlE'l W. LAMBIlIl'r
UE R Bl.'lSllNnTE
BLlJCIi A. Bom...
Anot>l~ AT lAw
()p CtUNSI!L
JAMl!!I M VIlNTUU
WAlUN V. BICJI!LO"I'. h..
a.uJW<A. ZrEGU!It ~
1000 Stmluo~ Bouu;vAlUl
WAY7ATA. MINNE:lO'TA "391
(612) 475-3435
(800) 947-2176
TEiLronu.; (612) 47S.(rn)1
February 16, 1995
Mr. Seem Erickson
City Engineer
CITY OF ANDOVER
1685 Crosstown Boulevard
Andover, MN 55304
Re: Contractor Property Developers Company/City of Andover
Drainage Easement
Lots 13 and 14, Block 5, FOXBERRY FARMS
/
Dear Mr. Erickson:
Enclosed please find the Easement agreement regarding the above property. Pursuant to
your request, I have changed the name of this document from "Flowage and Conservation
EMement" to "Drainage Easement," The remainder of the document has not been changed.
Thank you for yOur assistance-
Very truly y~,
~\~
Susan M. Mattison
Assistant to Broce A Boeder
BAB/srmn
Enclosure
cc: Mr. Homer Tompkins III
. /
02/16/95 13:58 FAX 612 475 0301
LAMBERT & BOEDER
I4J 003/005
)
DRAINAGE EASEMENT
THIS INDENTURE, made and entered into this day of FebruaIy, 1995, by and
between Contractor Property Developers Company, a Minnesota corporation, owner of property
legally descnoed as Lots 13 and 14, Block 5, Foxbeny Fanm, according to the duly recorded
plat thereof, and its assigns and successors (hereinafter collectively referred to as the "Orantor"),
and the City of Andover, a municipal corporatit;)U under the laws of the State of Minnesota and
its 5UCiieSsors and assigns (hereinafter collectively referred to as the "Grantee").
WITNESSETH, Grantor, for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration. hereby covenants, grants, quitclaims and conveys to
Grantee the right to restrict and Grantor agrees to limit and preclude the use, improvement and
development, under the conditions and covenants herein contained, the following descnoed land
in the County of Anoka, State of Minnesota.:
A 20 foot wide easement for drainage purposes over, WIder and
across the following descnoed property;
"
Lots 13 and 14, Block S, FOXBERRY FARMS, according to the
duly recorded plat thereof.
/
The center line of said easement being 110 feet northwesterly of
and concentric with the southeasterly lot lines of said Lots 13 and
14, Block 5.
I. Grantor hereby covenants and agrees:
a. No snuctlU"cS shall be Con5trul;;tcd. erected or pla~ upon, above, or
beneath the; land including without limitation, fences, fireplaces, steps,
docks, piers, hardcover or roads of any nature whatsoever, or any other
structure or improvement inconsistent with the natural state of the land.
b. No trees, shrubs or other vegetation shall be destroyed, cut or removed
from the land except as authorized by written consent of Grantee.
c. No earth, loam, peat, gravel, soil or any other natural material or substmce
shall be moved or removed from the land and there shall be no dredging
or excavation of any nature whatsoever or any change of the tt:lpography
of the land without the written consent of Grantee.
d. No soil, sand gravel or other substance or material as landfill shall be
placed, dumped or stored upon the land and no waste, trash or garbage
shall be placed, dwnped or stored upon the land.
/
02/16/95 13:59 FAX 612 475 0301
LAMBERT & BOEDER
I4i 0041005
)
e. No use shall be made of the land except uses, if any, which wm not
chango or alter the natuml condition of the land, and no use which would
tend to change the drainage, flood control, water conservation, erosion
control, soil conservation, fish and wildlife habitat characteristics shall be
made of the land or the water situated thereon.
f. Grantee may enter upon the land for the pUlposes of inspection and
enforcement of the covenants contained herein and to cause to be removed
from the land without any liability any structures, uses, materials,
substances, or unnatural matter inconsistent with the covenants contained
herein and the natural state of the land.
2. Grantor hereby grants, gifts, quitclaims and ~nveys to Grantee a perpetual flowage
easement and right and privilege to trespass with water over and upon any or all of the land.
In addition to any other remedy the Grantee may have, the covenants and
reStrictions contained herein may be enforced by injunction.
Grantor does not intend that the public should have any interest in the above land
by virtue of this indenture or otherwise, except as hereinabove set forth,
Orantor herein certifies that the land herein dcscnoed is free and clear of any
encumbrances.
All provisions hereof shall run with the land and shall extend to and bind the heirs.
successors, representatives, grantees or assigns of the respective parties hereto.
IN WITNESS WHEREOF, the undersigned has executed this Drainage Easement as of
the day and year first above written.
CONTRACTOR PROPERTY DEVELOPERS
COMPANY
By:
Peter Scherer
Its: President
- /
2
02/16/95 13:59 FAX 612 475 0301
LAHBERT & BOEDER
141 005/005
,
,
STATE OF MINNESOTA )
) 55.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _ day of February, 1995,
by Peter Scherer, the President of Contractor Property Developers Company, a Minnesota
corporation, on behalf of the corporation, Grantor.
Notary Public
TInS INSTRUMENT WAS DRAFI'ED BY:
Bmce A. Boeder (9349)
LAMBERT & BOFDER, P.L.L.P.
1000 Superior Boulevard
Wayzata, MN 55391
Telephone (612) 475-3435
I
3
HY-LAND SURVEYING
TEL:612-560-2079
Jan 1(,~~
14:11 No.UU~ ~.UL
HY -LAND SURVEYING
INVOICE NO. 55R5
f.t.NO,
tcA~E'" . 30'
o 0.00'" tOIl ..........nl
o 000.'.' Wood Hull S.l
r.. E.....llM ~,
.000.0 1WooI.. Ell.,,,,, EllVOlIOn
o _" Prop.... E..."'....
~ OeM'" 5url_ ~
LAND SUltVBYOIlS
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_ "_," \lGnl", f'_
_ Prop&u. Low." '1&Of'
T,pe of BuU'1nII -
,hnltgm &riItIcafe
784' !tooll)'1llllvd. Brt>OI<Jyn Fori<, M_ ~,
560-mK
CONTRACTOR PROPERTY DEVELOPERS CONP~NY
~ROPO.m n...nn.11W nswmrr
A 20 foot ..ill.. ..._t tor dr.inag. puxpo... OV.... ....c!e.. lID4
.,,"0.. the follcnriG9 .s..odb.4 prcp~tyl
r.o~ 13 "".s 14. IIlock 5, roDIlIll'l rpXII. .cco,,4I.Dg ~o ~U 4111,.
"000..404 pl.t th....of,
Th. c.nt." liD. of ..i4 ......Dt b.iDl 110 t..t Do,,~..t...ly
of .Dd co..c...t"io ..ith the louth...t.riy lot 110.. oE .li4 LeU
13 and 14. alock !.
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10
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lOT 13 & 1~. BLOCK 5. FOXBERRY FARMS
,
__--.........-01-..-..-'"
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I herally cwrdf, thlll tM_ MII'W'Y ... "'.,.,.. ." - w ........
.,. dlrKt II\4IlIrY"'''', end ,II.. t .. . 4."'y ...tsttftd Ln
I\.r~r vder t"- tawl D' tM .tlt. of ,.IMltatl.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
P~hL~aY} 21, 1995
AGENDA
NO
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Discussion Item
ITEM
NO
Order Appraisals for Purchase
of Property/94-18, Cont.
scot~ Eri~kson,\~
Eng~neer~ng Q)
BY:
/1.
The City Council at the February 7, 1995 Council meeting tabled
thio item. Council io requested to remove thin item from the
table for discussion.
In conjunction with the construction of the City Trunk Sanitary
Sewer Project 94-18, additional easement will need to be acquired
along the propooed alignment to facilitate the construction.
Initially it was recommended that a 60 foot wide easement be
purchased directly west of the city Public Works facility. The
purchasing of the 60 foot width along the weoterly property line,
would allow for future expanoion for the city Public Worko
facility, thus reducing the impact to the current site which is
already undersized.
We have also evaluated the possibility of installing the sanitary
sewer trunk on the property line thuo reducing the eaoement needo
to the west. By inotalling the trunk sewer line on the property
line, a 30 foot wide easement would need to be purchased. This
would reduce the future buildable area within the Public Works
facility but would provide less of an impact to the properties to
the west.
Staff has contacted the two private property owners from which
easement would have to be purchased. The firot property is
located at 1813 Crosstown Boulevard and is owned by Larold
Thompson who currently resides in Elk River. I contacted Mr.
Thompson who was receptive to the potential sale of the easement
assuming the appraised price was acceptable to him.
CONTINUED
/
MOTION BY:
SECOND BY:
\
, /
The second property from which easement would need to be
purchased is owned by Mr. Kenneth Slyzuk. We have discussed the
project with him and the potential purchase of the easement along
his property. Mr. Slyzuk was concerned about dedicating the
necessary easements and having the storm trunk line impact his
property. Mr, Slyzuk would rather see the sanitary sewer line
construction entirely on City of Andover Public Works property
with a possible compromise of installing the sanitary sewer line
on the property line and purchasing only a 30 foot easement from
him,
In order to proceed with the trunk sanitary sewer project it will
be necessary to identify the location for the sewer main and
proceed with the purchase of the easements. It is recommended
Council identify the location of the trunk sewer and initiate one
of the following identified easement acquisition options.
1. Identify the location of the trunk sewer line and the amount
of easement that will need to be purchased.
2. Initiate the proceedings for the purchase of the property.
,
;
I
A. Initiate an appraisal for the purchase of the easements and
order condemnation of the easements. This would provide the
flexibility to negotiate the easement purchase and also allow
condemnation proceeding to be included with the condemnations
occurring for the Bunker Lake Boulevard project thus 'providing a
cost savings to the City by incorporating the two proceedings
into one and setting a time frame for this project..
B. Order an appraisal for the purchase of right-of-way from
these two parcels and have staff negotiate the easement purchase.
C. Have the sanitary sewer trunk constructed entirely on city
property. This option is not recommended as it would severely
impact the future expansion of the already limited space
available to the Public Works facility.
,
J
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE February'l 1QQ~
AGENDA
NO
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Discussion Items
City Clerk
ITEM
NO
Approve Classification
& Sale of Forfeit Land
V, Volk ~,~.
()
~....
/9:
The City Council is requested to approve the classification and
sale of forfeit land in the City of Andover,
The following parcels have forfeited:
Outlot A, Brandon's Lakeview Estates - this is an approximately 6
acre parcel located on the west side of Round Lake Boulevard at
South Coon Creek Drive,
,
/ Outlot B, Brandon's Lakeview Estates - this is an approximately
40' x 200' narrow rectangular strip located on the west side of
Round Lake Boulevard at South Coon Creek Drive,
Outlot A, Kensington Estates 4th Addition - this approximately
87'x368'x350' triagnular shaped piece is landlocked some 500'
boyond the end of 142nd Avenue N,W, Part of it is in the Waste
Disposal Engineering site,
PIN 13 32 25 44 0019 - this approximately 25' x 165' lot is a
platted Roanoke Street N,W, at 159th Avenue,
These properties are still within the repurchase period; however,
we can have any or all withheld from the public sale if we wish
to acquire them after the repurchase period,
The Andover Review Committee is recommending that we withhold
Outlot B, Brandon's Lakeview Estates and PIN 13 32 25 44 0019
\
)
MOTION BY:
SECOND BY:
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
February 21, 1995
AGENDA
NO
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Discussion Item
Richard Fursman
Administration
~~
ITEM
NO
Septic update
cXO.
Phil Cohen is the lobbyist for the North Metro Mayor's
Association (NMMA), He has been assigned the task of dealing
with the Met Council with regards to the Andover septic
inspection issue,
)
Thus far he has been working with Met Council staff to get them
to loosen their rigid requirements for biennial inspections. Mr,
Cohen has had as much luck recently with the planning staff as
the City has. The next step is to take the fight to the
department heads and director.
Once options with staff have been exhausted, the NMMA will appeal
directly to the Met Council, If action fails at the Council
level, special legislation will be sought, In the meantime,
Andover will have no sewer and water extensions except those
granted for the construction of the schools and the county
buildings.
POLICY CONSIDERATIONS
The present supply of building sites will satisfy the demand for
lots in 1995, If the septic issue is not resolved in time for
this legislative session, the city will be faced with serious
revenue shortages from the building department, and for future
bond commitments for the sewer trunk fund,
Projected loss of revenue from building permits and plan check
fees could reach $250,000,
,
)
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
February 21, 1995
AGENDA
NO
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
EDA Discussion Item
ITEM
NO
Richard Fursman
Administration
~~
Public Hearing
TIF Redistricting
;</.
The Planning Commission, on February 14, considered amendment #1
to the modified development program for tax increment financing
district NO. 1.
The ~ommission passed a resolution finding the modification to
the development program to be consistent with the comprehensive
plan, The minutes of the meeting were not ready at the time of
this writing,
Included in this item are the following:
October 4, request for TIF Reconfiguration - Item Tabled,
Minutes attached,
October 18, request for TIF Reconfiguration - Item Tabled.
Minutes attached,
November 1, request for TIF reconfiguration - Motion by
Council to expand TIF development district. Minutes
attached,
Amendment to the Modified Development program,
Modified cover page for the Modified Development program
Modified "Municipal Action Taken" section to Modified
Development Program
Exhibit I-D to be included in the Modified Development
Program
EDA Resolution concerning modifications to the Modified
Development Program for consideration at its February 21st
Meeting.
ACTION: EDA adopt its resolution first and forward its
recommendation onto the City Council.
MOTION BY:
SECOND BY:
ANDOVER Tax Increment
Page Two
February 21, 1995
Items Included Continued",
City Council Resolution concerning modifications to the
Modified Development Program for consideration at its
February 21st meeting,
ACTION: CITY adopt resolution when council resumes.
EDA Resolution concerning amendment of its By-Laws for
consideration at its February 21st meeting,
ACTION: EDA Approve after the resolution concerning
modifications to the Modified Development plan by the
E~.
/
. ..'.. .,....'
~ : ';.': " ",' t. $ ';';'
FEB-17-'_~,~ FRL!J;l:5:LW: .
,TEl,.,t'D:
tf025 P02
Regular ArtdovQr Planning and Boning Commission Meeting
Draft Minutes - February 14, 1995
DISCUSSION - llXPANSION OF TIF DHVBLOPNHNT DISTRICT
Mr, Carlberg asked the Commission to approve the modifica~ion of
the development program for Development District No.1, He
reviewed the proposed expanoion, that area in which Tax Increment
Financing funds can be used, The expansion is consistent with the
Comprehensive Plan. The Andover Economic Development Authority has
given conceptual approval to the proposed expansion, with
discussion that a four-fifth vote would be needed to use TIF funds
in the outer district and a simplo majority needed to use TIF funds
in the area designated in bold, Option A. By law the Commission is
required to review the expansion of the development district, He
also noted the Authority had discussed the possibility of including
tne entire City in the Development District as other cities have
done, but the majority preferred the expansion llB shown. The
district could be expanded again in the future,
In a discussion with the Commissioners, Mr, carlberg noted the
Comprehensive Plan dOGS not include a specific proposed area for
the TIF districts, but it does encourage the use of TIF funds ae a
tool to promote development of commercial and industrial, This
proposed expanaion is consistent with that statement. The purpose
for the expansion is to allow for greater flexibility in the uoe of
the TIF funds, though the intent continues to be to use the TIF
funds primarily to redevelop the existing auto reCYCling area south
of Bunker Lake Boulevard., TIF funds can be used for the
infrastructure, the' extension ot utilities, the acquisition of
land, plus in the various commercial areaS within the expanded
district. The Commission noted the Comprehensive Plan is quite
vague on this Bubject and that this is an important decision on
development.
MOTION by Peck, Seconded by Jovanovich, adoption of the Resolution
which is contained in the Staff report (Resolution of the Andover
Planning Commission finding the modification to the development
program for Development District No. 1 to be consistent with the
comprehensive Plan of tbe City). Motion carried unanimously.
~\/I
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
4-
October i, 1994
AGENDA
NO
SECTION
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
Discussion Item
ITEM
t-O
Richard Fursman
Administration
TIF Map Reconfiguration
~
,I.
The city Council has discussed several potential uses for excess
TIF funds. Continued park development and the extension of
utilities to the new school sites have been given serious
consideration to date.
(;:- "
The City will be unable to use increment dollars outside of the
Aresent TIF district unless the boundary is changed. Staff
requests that Bill Hawkins works with staff to modify the
existing TIF plan to change the boundaries to include a large
area of the City.
A change in the boundary will not change the area in which tax
increments will be COLLECTED, however, it will change the area in
which it could be spent, Any dollars spent in the TIF area will
still come only with the approval of the city council.
There is also a concern that the TIF laws could change soon. One
of the changes would require county approval for any
modifications to the TIF plan. If a change is not made soon, the
potential exists that one never will.
;
(
MOTION BY:
SECOND BY:
,
, J
(
~
- /
Regular Andover City Council Meeting
Minutes- October 4, 1994
Page 17
TIF MAP RECONFIGURATION
MOTION by Knight, Seconded by Jacobson, to table the TIF item until the
next meeting, Motion carried unanimously,
ursman reported the appraisa he land across the street from
City all came to $10,700 an acre, The school district has offered
$10,00 an acre for the property but has verbally stated they,would
agree t the appraised amount, The Council agreed the land should be
sold for the appraised value and directed the Staff to negotiate the
sale for t e appraised value per acre,
ING ASSOCIATION RESOLUTION
MOTION by Jacobs n, Seconded by Perry, not to sign this Resolution of
support simply be ause we don't know who they are or what they stand
for, Motion carri unanimously,
( .. APPROVAL OF CLAIMS
MOTION by Perry, Second dby Knight,.. approval.. of the Claims in the
amount of $59,148,96, Mo 'on carried unanimously,
(:
MAYOR/COUNCIL INPUT
Police Department - Councilme r Knight suggested the City initiate
contact with the City of Ham Lake regarding the possibility of pricing
out a joint police department,
)
I
Length of Meetings - The Council disc sed several options in an attempt
to shorten the length of the meetings, Some suggestions were to quit at
10:30 unless there is an agreement to pr eed; to shorten the discussion
on some items; to limit the amount of ti ~ for public input; to follow
Roberts Rules of Order and make a motio on an item before it is
discussed; to hear public input, then close the public hearings before
the Council discusses the item; have indi . duals register prior to
discussing an item if they wish to speak to t at issue; discuss items
first when people are present for them; or have Staff indicate a time
limit next to each agenda item as a guide for Coun '1 discussion, Mayor
MCKelvey indicated he would take these under advise nt in an attempt to
reduce the length of the meetings,
Code Enforcement Official position - Mayor McKelvey sta~ d he is getting
six to eight calls a day complaining about the action of the Code
Enforcement Officer. A number of calls were about the Of 'cial sitting
on the road with binoculars looking for violations, which he thought was
over zealous, Mr. Fursman explained the binoculars are on y used to
CITY OF ANDOVER
:-< .
REQUEST FOR COUNCIL ACTION
DATE
October 18, 1994
AGENDA
t-O.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Discussion Item
ITEM
t-O.
Richard Fursman
Administration
la,
TIF Map Reconfiguration
(Tabled last meeting)
BYW;J-
I
In recent months the City Council has discussed probable uses
for excess TIF funds. Continued park development, purchase of
salvage yards, and extension of school utilities have all been
given serious consideration.
.
,
,
The City will be unable to use increment dollars outside of
the present TIF district unless the boundary (see dark shaded
area on map) is changed. Complete park development and utility
ext~nsions are not possible without extending the project area.
A change in the boundary will NOT change the area in which tax
increments will be COLLECTED, however, it WILL change the area in
which it could be SPENT.
t.
Points to consider when establishing a new boundary for eligible
TIF expenditures:
* Any dollars spent in the TIF area will need approval of the
Council.
* TIF laws are likely to change soon. Changes could make
future modifications of the boundary impossible.
* What happens if a new industrial or general business district
is planned and needs assistance?
* What if future redevelopment sites emerge in residential
areas?
* What if utilities are required in rural areas due to massive
septic problems?
* The City may wish to signalize more intersections.
. '
,
Staff requests Bill Hawkins work with staff to modify the TIF
plan to include those areas as designated by the council. I
urge careful consideration of the aforementioned issues.
l'
MOTION BY:
SECOND BY:
,
I
(:
c'
,
p,
~?-;
SNAPSHOT OF ANDOVER TIF
Fund Amount at 1994 year end - $1,495,000
Anticipated Revenue 1995 - $725,000
1996 - $800,000
1997 - $850,000
1998 - $1,000,000
1999 - $1,100,000
2000 - $1,100,000
TOTAL AVAILABLE NEXT 6 YEARS: APROX 7 MILLION
----------------------------------------------------------------
PRESENT AND ANTICIPATED EXPENDITURES
Present Debt Obligation
(COMMERCIAL BLVD)
$65,000/year x 9 yrs.
($470,000)
- $400,000
-
Commercial ParklField of Dreams
Bunker Lake Frontage Road
Sewer and Water Extension
- $575,000
- $600,000
Industrial Park Development
(Including Salvage Yards)
,. $4 Million
-----------------------------------------------------------------
TOTAL EXPENDITURES: APROX 6.2 MILLION
Regular Andover Citq
, Minutes - October 1
I
i Page 13
Council Meeting
1994
(, APPROVAL OF CLAIMS
MOTION by Perry, Seconded approval of Claims in the
amount of $729,86l,84, ~on carried,unanimously, Mr, Sulander noted
a claim from Lis exceeded the $5,000 limit authorized the Treasurer;
but to a paying a penalty, it was released in advance of approval,
C ~ agreed.
TIF HAP RECONFIGURATION
c
Mr, Fursman noted this is not urgent, but it should be discussed before
the first of the year, Councilmember Jacobson commented he was not in
favor of including so much of the City in the TIF area, but recommended
only two sections along the Hanson Boulevard corridor, He feared with
too much of an expansiqn, the~e w.ould be other requests for the TIF
funds, when they ~~-cimHtjlLE!(f'-t\ji' lha"e" in the junkyard area, 'Council
agreed to discuss this at one of the November meetings; and if that is
not possible, to schedule a special meeting for November 29,
r- -YOR/f..:UUNC1.J... lNPfJP
Du 'es of Code Enforcement Official - Councilmember Jacobson disagreed
with the Mayor's direction at the beginning of the meeting that this
employ e was to handle complaints only, He thought the Council had
expresse the wish that he also actually look for violations from the
J public ri t of way. Mayor McKelvey noted the calls received because of
the use 0 . binoculars, including complaints of. window peeking.
Councilmember night questioned the use of binoculars by a City official
under any circu tances, Mr, Fursman explained the new policy whenever
property is to be xamined is the Official will knock on the door of the
property owner and Odentify himself, If they are horne, to advise him/her
of the potential pr lem and to ask for permission to look at the
vehicle in question, I they say no, he will inform the occupant that he
will use the binoculars identify'whether or not the tabs are current,
If no one is home, he wil not trespass on the property, Councilmember
Jacobson understood the May's actions, but suggested in the future if
he is to change policy, that e inform the Council as soon as possible,
Campaign Rumors - Mayor McKelve stated he was asked publicly by his
opponent if it was a conflict of 'nterest to have the school district
buy his property, The district ha written a letter stating they had
picked the location before contacti the Mayor about purchasing it,
Another conflict-of-interest issue was that because he works for Kottke
Bus Company one hour a ,day, they ceived a discount on their
assessment, This was not the case, as th paid the same percentage of
the assessment as all the other property 0 ners in the project,
. ,
Safety Concerns at Bunker Lake and Hanson oulevard Intersection -
Councilmember Jacobson noted this dangerous i tersection and the large
number of people who go around turning cars on the wrong side of the
road, He requested the Sheriff's Department start ticketing people who
are doing that, The Mayor agreed to pass this along to the Deputies,
( ,.I
MOTION by Perry, Seconded by Knight, to adjourn,
unanimously, The~eetO as adjourned at 10:50 p,m,
~~ 'L .
~
Marce A, Peach, ecord~ng Secretary
Motion carried
,
CITY OF ANDOVER
<
REQUEST FOR COUNCIL ACTION
DATE November 1. 1994
AGENDA SECTION
NO Staff, Committees, Commissions
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
ITEM
NO
Richard Fursman,
Administration
~.
TIF Map Configuration, Cont.
/0,
Once again for Council consideration is the issue of redrawing
TIF lines. with the advent of utilities being extended for the
school district and the relatively light agenda, this seemed to
be an opportune time for discussion.
An option described by Councilmember Jacobson is illustrated on
the map. The configuration would appear to alleviate requests
for projects which are not consistent with TIF funding
/ priorities.
<<
(
,
/ <<
.,---
MOTION BY:
SECOND BY:
, ,
(
~
(
Regular Andover City Council Meeting
Minutes - November 1, 1994
Page 9
SET ASSESSMENT LEVEL/FIELD OF DREAMS
MOTION by Jacobson, Seconded by Perry, the Resol ~on as presented
declaring cost and directing preparation of asse ent roll for IP93-7,
(See Resolution R283-94) Motion carried una 'mously,
MOTION by Jacobson, Seconded by Dali , the Resolution adopting the
assessment roll for the improveme of sanitary sewer, watermain and
storm drain, Project No, 93-7 City Hall Park Complex #2, (See
Resolution R284-94) Motion ried unanimously,
ELECTION SCHEDULE
The Council fel the present schedule of even-numbered year elections
for city off' ~als works very well,
MOTION Jacobson, Seconded by Perry, that the City Council adopt the
umbered year option as the City presently has so the next election
. otioI1 Garricd-unan-imously~___
TIF MAP CONFIGURATION
Mr, Fursman reviewed the proposal to expand the TIF district, that area
in which the tax increments can be spent, Councilmember Jacobson had a
concern with expanding the area too much, as there is the risk for
diluting what the TIF funds were meant for, that is the cleanup of the
junkyard area, Councilmember Perry noted the Comprehensive Plan
designated an area east of Hanson Boulevard as a quasi-governmental
area, and she felt that area should be included,
Mr, Fursman noted the housing area along Bunker Lake Boulevard was
included in the smaller Option A district, His thought was the TIF funds
could be considered for the multiple housing in that vicinity, He noted
other communities have included the entire city as the potential TIF
development district, anticipating the State Legislature may give the
county or school districts veto power over any future expansions, His
thoughts were to include as much of the City as possible so TIF funds
could be used to cover unforeseen expenses that the City would not be
able to cover such as a water treatment facility, repair of the very
deep sanitary sewer lines, possible soils problems, etc, Also, he did
not want to redraw the district lines every time a project comes up,
Actually, his preference would be to include the entire City.
.,
)
Councilmember Perry did not have a problem using TIF funds for
redevelopment of an area like the auto recycling area, but she worried
about getting a lot of requests from private businesses which she did
not feel was an appropriate use of the funds, But she felt it makes
sense to go to the City's boundary, especially because of the potential
septic system problems on the smaller lots outside of the area shown,
Mayor McKelvey preferred a larger area than just Option A, as there may
be a potential need for bridges, an east-west road across the City, etc,
, Regular Andover City Council Meeting
/ Minutes - November 1, 1994
l, Page 10
(TIF Map Configuration, Continued)
Mr, Fursman stated with the expansion of the district, the Council
should also establish a policy of how and where and what type of items
will be allowed for the use of TIF funds, The Council asked if a
unanimous vote could be required for any use of the TIF funds, Attorney
Hawkins preferred a 4/5 vote; but yes, that can be established as
policy,
MOTION by Knight, Seconded by Jacobson, that the Council expand the TIF
development district to the larger area delineated on the map before
them, DISCUSSION: The Council agreed that a policy should be
established that would require a 4/5 vote to approve any TIF funds to be
used outside of the current district" Councilmember Dalienpreferred
the line be drawn around the entire City, Motion carried on a 4-Yes, 1-
No (Dalien) vote,
--.
"HAYOR-COUNCIL INPUT /_.
Hills of Bunker Lake pond - Council asked ab~ot resolution to ,the
conflict between two neighbors on the activities ext to and on the park
property, Mr, Fursman stated it is basically 0 neighbors who are not
getting along, The Council suggested usin the mediation services to
resolve the issue if both parties would a ee,
{'''
t
'-
159th Avenue Ponding Problem - Mr, F the hole in front of
the Kinnen property has been g and the water is draining,
Councilmember Knight felt the hole s very deep and understood that rock
was to be added to keep it from tting that deep, Mayor McKelvey stated
the contractor will come back 0 place dirt and to reseed or resod the
area,
Piper Jaffray Investment - Mayor McKelvey noted he was questioned about
the handling of the f" ance~ during a debate, His response was that
investment had been m e under the previous administration, not while he
was Mayor,
MOTION by
amount 0
unanimou
cobson, Seconded
$754,673,46 as
y,
by Perry, the approval of Claims in the
presented by Staff, Motion carried
c.
MOTI 'II by Perry, Seconded by Jacobson, to adjourn.
imously, The meeting adjourned at 10:50 p,m,
~espectfully submitted,
~~~~s~tarY
Motion carried
J
AMENDMENT 1 TO THE
MODIFIED DEVELOPMENT PROGRAM
for
DEVELOPMENT DISTRICT NO. 1
including
TAX INCREMENT FINANCING PLANS
FOR
TAX INCREMENT FINANCING DISTRICTS NO. 1-1 AND NO. 1-2
CITY OF ANDOVER, MINNESOTA
February 21, 1995
Prepared By:
William G. Hawkins & Associates
299 Coon Rapids Boulevard
Suite 101
Coon Rapids, Minnesota 55303
(612) 784-2998
A. The Development Program for Development District No. 1
within the City of Andover, Minnesota is amended as follows:
Subsection 1.5. Estimated Public Costs and Supportive Data.
The estimated costs of public improvements to be made within the
Development District and financed by tax increments derived from
tax increment financing districts within the Development District
are modified to include the following:
Public Improvements, including sewer and water
trunk lines to be located north of Crosstown
Boulevard and adjacent to the Andover Public
Utilities Building and park property.
$1,000,000
Subsection 1.11. Boundaries of the Development District.
The boundaries of the Development District are expanded to
include the area designated on the attached map labeled Exhibit
I-D.
Subsection 1.12. Parcels to be acquired or which may be
acquired in whole or in part within the Development District.
This Subsection is amended to include all parcels as illustrated
on Exhibit I-D.
B. The Tax Increment Financing Plan for Tax Increment Financing
Districts No. 1-1 located within Development District No. 1
is amended as follows:
Subsection 2.19. Modification of Tax Increment Financinq
District No. 1-1 and/or Tax Increment Financinq Plan. Pursuant
to the adoption of the modification of the Development Program
for Development District No.1, Tax Increment Financing District
No. 1-1 is hereby modified to reflect an enlargement of the
geographic area and increased project costs within Development
District No.1 as outlined in Section I, Subsections 1.5., 1.11.,
and 1.12.
C. The Tax Increment Financing Plan for Tax Increment Financing
District No. 1-2 located within Development District No. 1
is amended as follows:
Subsection 3.19. Modification of Tax Increment Financinq
District No. 1-2 and/or Tax Increment Financinq Plan. Pursuant
to the adoption of the modification of the Development Program
for Development District No.1, Tax Increment Financing District
No. 1-2 is hereby modified to reflect an enlargement of the
geographic area and increased project costs within Development
District No.1 as outlined in Section I, Subsections 1.5., 1.11.,
and 1.12.
/
MODIFIED DEVELOPMENT PROGRAM
for
DEVELOPMENT DISTRICT NO. 1
including
TAX INCREMENT FINANCING PLANS
FOR
TAX INCREMENT FINANCING DISTRICTS NO. 1-1 AND NO. 1-2
CITY OF ANDOVER, MINNESOTA
Approved by the City Council
February 21, 1995
Prepared By:
William G. Hawkins & Associates
299 Coon Rapids Boulevard
Suite 101
J Coon Rapids, Minnesota 55303
(612) 784-2998
MUNICIPAL ACTION TAKEN
Based upon the statutory authority described in the
Development Program attached hereto, the public purpose findings
by the City Council and for the purpose of fulfilling the City's
development objectives as set forth in the Development Program, the
City Council has created, established and designated Development
District No. 1 pursuant to and in accordance with the requirements
of Minnesota Statutes, Section 469.l24 to 469.l34, 469.090 to
469.108, and 469.174 to 469.179, inclusive.
The following municipal action was taken with regard to
Development District No. 1 and the Tax Increment Financing
District(s) located within Development District No.1:
July 29, 1986: The Development Program for Development
District No. l was adopted by the City Council.
September 2, 1987: The Development Program for Development
District No.1 was modified by the City Council.
September 15, 1987: The Development Program for Development
District No.1 was modified by the City Council.
AprilS, 1994: The Development Program for Development
District No. l was transferred by the City Council to the
Andover Economic Development Authority ("EDA").
February 21, 1995: The Development Program for Development
District No. 1 was modified by the EDA to reflect increased
geographic area and increased project costs.
/
,
,
I
Tax Increment Financinq District No. 1-1 (Redevelopment District
- Housinq) :
July 29, 1986: The Tax Increment Financing Plan for Tax
Increment Financing District No. 1-1 was adopted by the City
Council.
September 2, 1986:
Increment Financing
City Council.
The Tax Increment Financing Plan for Tax
District No. 1-1 was modified by the
September IS, 1987: The Tax Increment Financing Plan for
Tax Increment Financing District No. 1-1 was modified by the
City Council.
AprilS, 1994: The Tax Increment Financing Plan for Tax
Increment Financing District No. 1-1 was transferred by the
City Council to the Andover Economic Development Authority
("EDA") .
February 21, 1995: The Tax Increment Financing Plan fo.r Tax
Increment Financing District No. 1-1 was modified by the EDA
to reflect increased geographic area and increased project
costs within Development District No.1.
\
I
Tax Increment Financinq District No. 1-2 (Redevelopment District
- Shoppinq Center) :
September 2, 1986: The Tax Increment Financing Plan for Tax
Increment Financing District No. 1-2 was adopted by the City
Council.
AprilS, 1994: The Tax Increment Financing Plan for Tax
Increment Financing District No. 1-2 was transferred by the
City Council to the Andover Economic Development Authority
("EDA") .
February 21, 1995: The Tax Increment Financing Plan for Tax
Increment Financing District No. 1-2 was modified by the EDA
to reflect increased geographic area and increased project
costs within Development District No.1.
I
EXHIBIT I-D
BOUNDARY ~1AP OF DEVELOP~iIENT DISTRICT NO. 1
AS MODIFIED FEBRUARY 21, 1995
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" I
i;CONOJIIIC DEVELOPMENT AUTHORITY
IN AlfO FOR TaE
CITY or AlfDOVD.
COUNTY Of ANOM.
ST^T~ 02' lUNNESQTA
RES. NO. R -95
)
RESOL~TION OF TR~ ANDOVER PLANNING COMMISSION FINDING THE
MODIFICATION TO THi DEVELopnENT PROGRAM FOR OEVE~OPM!NT DISTRICT
NO. 1 TO BE CONSXST~NT WITH TME COMPREHENSIVZ PLAN OF THB CITY.
WHEREAS, the City of Andover is proposing to modify its
Development Plan tor Development Cisttict No. 1 to t9fl~ct
increased geo9raphic aroa, ~urQu~nt to ninn850ta Statutea,
Sections 469.134 to 469.134, inclusive, and
WHER~S the ilanning Commi.;ion ha. reviewed 5~id
modification to the Development Program and has determined it~
consistency to the Conprehensive plan of the City;
NOW THEREFORE, BE I~ RESOLVED BY THE ANDOVER PLANNING
COMMISSIO~ that the proposed modification to the Oev~lopment
~rogr~m ;~r D.velop~8nt oi.t~lct ~Q. l is con;1stent with the
City of Andover'$ COMprehQnsive Plan. and t~. Plann!ng Commission
reeommend~ approv&l of the proposed modificBtiona.
Adopted this 14th day of rebrua~~, 1995.
chal~ncA"'''''<'-
AT'l'i:ST:
-(\U'/~./ d~
~
.'
\
I
ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO.
A RESOLUTION MODIFYING THE DEVELOPMENT PROGRAM FOR DEVELOPMENT
DISTRICT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX
INCREMENT FINANCING DISTRICTS NO. 1-1 AND NO. 1-2 TO REFLECT
INCREASED GEOGRAPHIC AREA AND INCREASED PROJECT COSTS WITHIN
DEVELOPMENT DISTRICT NO. 1
BE IT RESOLVED by the Board of Commissioners (the
"Commissioners") of the Andover Economic Development Authority
(the "EDA"), as follows:
Section 1.
Recitals.
, ,
1.01. It has been proposed that the EDA modify, approve and
adopt a Modified Development Program relating to Development
District No. 1 to reflect increased geographic area and increased
project costs pursuant to and in accordance with Minnesota
Statutes, Sections 469.124 to 469.134, inclusive, and 469.090 to
469.108, inclusive, as amended and supplemented from time to
time.
1.02. It has been further proposed that the EDA modify,
approve and adopt Modified Tax Increment Financing Plans for Tax
Increment Financing Districts No. 1-1 and No. 1-2 to reflect
increased geographic area and increased project costs within
Development District No. 1 pursuant to and in accordance with
Minnesota Statutes, Section 469.174 to 469.179 and 469.090 to
460.108, inclusive, as amended and supplemented from time to
time.
1.03. The EDA has investigated the facts and has caused to
be prepared with respect thereto, a Modified Development Program
for Development District No. 1 and Modified Tax Increment
Financing Plans for Tax Increment Financing Districts No. 1-1 and
No. 1-2 to reflect increased geographic area and increased
project costs within Development District No.1.
1.04. The EDA has performed all actions required by law to
be performed prior to the modification, approval and adoption of
the Modified Development Program and Modified Tax Increment
Financing Plans.
1.05. The EDA hereby determines that it is necessary and in
the best interests of the City and the EDA at this time to
modify, approve and adopt the Modified Development Program and
the Modified Tax Increment Financing Plans to reflect increased
geographic area and increased project costs within Development
District No.1.
Section 2. Findinqs.
2.01. The EDA hereby finds that the assistance to be
provided through the adoption and the implementation of the
Modified Development Program and Modified Tax Increment Financing
Plans are necessary to assure the development and redevelopment
of Development District No.1.
2.02. The EDA hereby finds that the Modified Development
Program and Modified Tax Increment Financing Plans conform to the
general plan for the development and redevelopment of the City as
a whole.
2.03. The EDA hereby finds that the Modified Development
Program and Modified Tax Increment Financing Plans afford maximum
opportunity consistent with the sound needs of the City as a
whole for the development and redevelopment of Development
District No. 1 by private enterprise and it is contemplated that
the development and redevelopment thereof will be carried out
pursuant to redevelopment contracts with private developers.
Section 3. Modification, Approval and Adoption of the
Modified Development Proqram.
3.01. The modifications to the Development Program for
Development District No. 1 reflecting increased geographic area
and increased project costs are hereby approved and adopted by
the Commissioners of the EDA and are forwarded to the Andover
City Council for public hearing, review and approval.
Section 4. Modification, Approval and Adoption of the
Modified Tax Increment Financinq Plans.
4.01. The modifications to the Tax Increment Financing
Plans for Tax Increment Financing Districts No. 1-1 and No. 1-2
reflecting increased geographic area and increased project costs
within Development District No. 1 are hereby approved and adopted
by the Commissioners of the EDA and are forwarded to the Andover
City Council for public hearing, review and approval.
Section 5. Filinq of Plans.
5.01. Upon approval and adoption of the Modified
Development Program and Modified Tax Increment Financing Plans
(collectively the "Plans"), the EDA shall cause said Plans to be
filed with the Minnesota Department of Revenue.
2
Adopted by the Commissioners of the EDA this 21st day of
February, 1995.
Chairman
ATTEST:
Executive Director
CERTIFICATION
I, , Executive Director of the Andover
Economic Development Authority, County of Anoka, Minnesota,
hereby certify that the foregoing is a true and correct copy of
Resolution No. passed by the EDA on the 21st day of
February, 1995.
, Executive Director
3
Member
,olution, the reading of which
lsent, and moved its adoption:
introduced the
was dispensed with by
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO.
A RESOLUTION MODIFYING THE DEVELOPMENT PROGRAM FOR DEVELOPMENT
DISTRICT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX
INCREMENT FINANCING DISTRICTS NO. 1-1 AND NO. 1-2 TO REFLECT
INCREASED GEOGRAPHIC AREA AND INCREASED PROJECT COSTS WITHIN
DEVELOPMENT DISTRICT NO. 1
BE IT RESOLVED by the City Council (the "Council") of the
City of Andover, Minnesota (the "City"), as follows:
Section 1.
Recitals.
1.01. It has been proposed and approved by the Andover
Economic Development Authority (the "EDA") that the Council
modify, approve and adopt the Modified Development Program for
Development District No. 1 to reflect increased geographic area
and increased project costs pursuant to and in accordance with
Minnesota Statutes, Sections 469.124 to 469.134 and 469.090 to
469.108, inclusive, as amended and supplemented from time to
time.
1.02. It has been further proposed and approved by the EDA
that the Council modify, approve and adopt the Modified Tax
Increment Financing Plans for Tax Increment Financing Districts
No. 1-1 and No. 1-2 to reflect increased geographic area and
increased project costs within Development District No. 1
pursuant to Minnesota Statutes, Section 469.174 to 469.479 and
469.090 to 469.108, inclusive, as amended and supplemented from
time to time.
1.03. The EDA has caused to be prepared, and this Council
has investigated the facts with respect thereto, a Modified
Development Program for Development District No. 1 and Modified
Tax Increment Financing Plans for Tax Increment Financing
Districts No. 1-1 and No. 1-2 to reflect increased geographic
area and increased project costs within Development District No.
1.
1.04. The EDA and the Council have performed all actions
required by law to be performed prior to the approval and
adoption of the Modified Development Program and the Modified Tax
Increment Financing Plans.
1.05. The Council hereby determines that it is necessary
and in the best interests of the City and the EDA at this time to
modify, approve and adopt the Modified Development Program and
Modified Tax Increment Financing Plans to reflect increased
geographic area and increased project costs within Development
District No.1.
Section 2. Findinqs.
2.01. The Council hereby finds, determines and declares
that the assistance to be provided through the adoption and
implementation of the Modified Development Program and Modified
Tax Increment Financing Plans are necessary to assure the
development and redevelopment of Development District No.1.
2.02. The Council hereby finds, determines and declares
that the Modified Development Program and Modified Tax Increment
Financing Plans conform to the general plan for the development
and redevelopment of the City as a whole in that they are
consistent with the City's comprehensive plan.,
2.03. The Council hereby finds, determines and declares
that the Modified Development Program and Modified Tax Increment
Financing Plans afford maximum opportunity consistent with the
sound needs of the City as a whole for the development and
redevelopment of Development District No. 1 by private enterprise
and it is contemplated that the development and redevelopment
thereof will be carried out pursuant to redevelopment contracts
with private developers.
2.04. The Council hereby finds, determines and declares
that the modification, approval and adoption of the Modified
Development Program and Modified Tax Increment Financing Plans is
intended and, in the judgement of this Council, its effect will
be to promote the purposes and objectives specified in this
Section 2 and otherwise promote certain public purposes and
accomplish certain objectives as specified in the Modified
Development Program and Modified Tax Increment Financing Plans.
2.05. The Council hereby finds, determines and declares
that the City made the above findings stated in this Section 2
and has set forth the reasons and supporting facts for each
determination in the Modified Redevelopment Plan and Modified Tax
Increment Financing Plans.
Section 3. Modification. Approval and Adoption of the
Modified Development Proqram.
3.01. The modifications to the Development Program relating
to Development District No. 1 reflecting increased geographic
area and increased project costs are hereby approved and adopted
by the Council of the City of Andover.
2
Section 4. Modification, Approval and Adoption of the
Modified Tax Increment Financinq Plans.
4.01. The modifications to the Tax Increment Financing
Plans for Tax Increment Financing Districts No. 1-1 and No. 1-2
reflecting increased geographic area and increased project costs
within Development District No. 1 are hereby approved and adopted
by the Council of the City of Andover.
Section 5. Filinq of Plans.
5.01. Upon approval and adoption of the Modified
Development Program and Modified Tax Increment Financing Plans
(collectively the "Plans"), the City shall cause said Plans to be
filed with the Minnesota Department of Revenue.
Adopted by the Council of the City this 21st day of
February, 1995.
The motion for the adoption of the foregoing resolution was
duly seconded by Council Member , and upon vote
being taken thereon, the following voted in favor thereof:
and the following voted against the same:
3
Whereupon said resolution was declared duly passed and adopted,
and was signed by the Mayor and attested to by the City
Administrator-Clerk.
Mayor
ATTEST:
Administrator-Clerk
CERTIFICATION
I, Richard Fursman, the duly qualified Administrator-Clerk of the
City of Andover, County of Anoka, Minnesota, hereby certify that
the foregoing is a true and correct copy of Resolution No.
passed by the City Council on the 21st day of February,
1995.
Richard Fursman, Administrator-Clerk
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ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO.
A RESOLUTION AMENDING THE BYLAWS
OF THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
BE IT RESOLVED by the Board of Commissioners (the
"Commissioners") of the Andover Economic Development Authority
(the "EDA"), as follows:
Section 1. The By-Laws of the Andover Economic Development
authority (the "By-Laws") shall be amended by inserting Section
4.12 Tax Increment Expenditures.
Section 4.12 Tax Increment Expenditures. The expenditure
of any tax increment generated from Tax Increment Financing
District No. I-lor Tax Increment Financing District No. 1-2
shall be approved (1) by a four-fifth (4/5) vote of the Board if
the expenditure is for tax increment eligible improvements
located within the area designated on the attached map; or, (2)
by a majority vote of the Board if the expenditure is for tax
increment eligible improvements located within the area
designated on the attached map.
Adopted by the Commissioners of the EDA this 21st day of
February, 1995.
Chairman
ATTEST:
Executive Director
CERTIFICATION
I, ' Executive Director of the Andover
Economic Development Authority, County of Anoka, Minnesota,
hereby certify that the foregoing is a true and correct copy of
, Resolution No. passed by the EDA on the 21st day of
I February, 1995.
, Executive Director
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~S OF THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
DATED: APRIL 5, 1994
AMENDED: FEBRUARY 21, 1995
1. The Authority
Section 1.1 Name of the Authoritv. The name of the
Authority shall be the Andover Economic Development Authority
(hereinafter, the "Authority"), and its governing body shall be
called the Board of Commissioners (hereinafter, the "Board")
Section 1.2 Office. The principal office of the
Authority shall be the Andover City Hall.
Section 1. 3.
seal.
Seal. The Authority shall have an official
2. Organization
Section 2.1 Officers. The officers of the Authority
shall consist of a President, a Vice President, a Secretary, a
Treasurer and an Assistant Treasurer. The President, the Vice
President and the Treasurer shall be members of the Board and
shall be elected annually, and no Commissioner may serve as
President and Vice President at the same time. The offices of
Secretary and Assistant Treasurer need not be held by a
Commissioner.
Section 2.2 President. The President shall preside at
all meetings of the Board.
Section 2.3 Vice President. The Vice President shall
preside at any meeting of the Board in the absence of the
President and may exercise all powers and perform all
responsibilities of the President if the President cannot
exercise or perform the same due to absence or other inability.
Section 2.4 President Pro Tem. In the event of the
absence or inability of the President and the Vice President at
any meeting, the Board may appoint any remaining Commissioner as
President Pro Tem to preside at such meeting.
Section 2.5 Treasurer. The Treasurer shall receive and
be responsible for Authority money, shall disburse Authority
money by check only, keep an account of all Authority receipts
and disbursements and the nature and purpose relating thereto,
shall file the Authority's financial statement with the Secretary
at least once a year as set by the Authority and be responsible
for the acts of the Assistant Treasurer.
1
Section 2.6 Assistant Treasurer. The Assistant Treasurer
shall have all the powers and duties of the Treasurer if the
Treasurer is absent or disabled.
Section 2.7 Secretarv. The Secretary shall keep or cause
to be kept minutes of all meetings of the Board and shall
maintain or cause to be maintained all records of the Authority.
The Secretary shall also have such additional duties and
responsibilities as the Board may from time to time by resolution
prescribe.
Section 2.8 Executive Director. The Executive Director
shall be the Administrator of the City of Andover, shall be the
chief appointed executive officer of the Authority and shall have
such additional responsibilities and authority as the Board may
from time to time by resolution prescribe.
3. Procedures of Board of Commissioners
Section 3.1 Annual Meetinq. The annual meeting of the
Board shall be held on the first regular City Council meeting
date, immediately following the City Council meeting, of the
month of January of each year.
Section 3.2 Reqular or Special Meetinqs. Regular or
special meetings of the Board may be called by the President or,
in the event of the President's absence or inability, by the vice
President at any time, upon three days prior notice to all
Commissioners and the Executive Director. Upon the same notice,
regular or special meetings of the Board may also be called by
any two Commissioners. The Executive Director shall post notice
of any regular or special meeting in the principal office of the
Authority no less than three days prior to such regular or
special meeting.
Section 3.3. Ouorum. A quorum of the five member Board
shall consist of three Commissioners. In the absence of a
quorum, no official action may be taken by, on behalf of, or in
the name of the Board or the Authority.
Section 3.4 Adoption of Resolutions.
Board shall be deemed adopted if approved by
Commissioners. Resolutions may but need not
to vote taken thereon.
Resolutions of the
not less than three
be read aloud prior
Section 3.5
shall be governed
Order.
Rules of Order. The meeting of the Board
by the most recent edition of Robert's Rule of
,
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4. Miscellaneous
Section 4.1 Fiscal Year. The fiscal year of the
Authority shall be the calendar year.
Section 4.2 Treasurer's Bond. The Treasurer shall give
bond to the state conditioned for the faithful discharge of
official duties. The bond must be approved as to form and surety
by the Authority and filed with the Secretary and must be for
twice the amount of money likely to be on hand at any time as
determined at least annually by the Authority, provided, however,
that said bond must not exceed $300,000.
Section 4.3.
the Treasurer and
name of the payee
Checks. An Authority check must be signed by
Assistant Treasurer. The check must state the
and the nature for which the check was issued.
Section 4.4. Financial Statement. The Authority shall
examine the financial statement together with the Treasurer's
vouchers, which financial statement shall disclose all receipts
and disbursements, their nature, money on hand and the purposes
to which it shall be applied, the Authority's credits and assets
and its outstanding liabilities. If the Authority finds the
financial statement and Treasurer's vouchers to be correct, it
shall approve them by resolution.
Section 4.5. Report to Citv. The Authority shall annually
make a report to the City Council giving a detailed account of
its activities and of its receipts and expenditures for the
preceding calendar year.
Section 4.6 Budqet to citv. The Authority shall annually
send its budget to the City Council which budget includes a
written estimate of the amount of money needed by the Authority
from the City in order for the Authority to conduct business
during the upcoming fiscal year.
Section 4.7 Emplovees. The Authority may employ
technical experts and agents and other employees as it may
require and determine their duties, qualifications and
compensation.
Section 4.8 Services. The Authority may contract for the
services of consultants, agents, public accountants and others as
needed to perform its duties and to exercise its powers. The
Authority may also use the services of the City Attorney or hire
a general or special counsel, as determined by the Authority.
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Section 4.9 Supplies. Purchasinq, Facilities and
Services. The Authority may purchase the supplies and materials
it needs. The Authority may use the facilities of the City's
purchasing department. The City may furnish offices, structures
and space, stenographic, clerical, engineering and other
assistance to the Authority.
Section 4.10 Execution of Contracts. All contracts, notes
and other written agreements or instruments to which the
Authority is a part or signatory or by which the Authority may be
bound shall be executed by the President and the Executive
Director or by such other Commissioners or Officers of the
Authority as the Board may by resolution prescribe.
Section 4.11 Amendment of Bv-Laws. These By-Laws may be
amended by the Board by majority vote of all the Commissioners,
provided that any such proposed amendment shall first have been
delivered to each Commissioner at least three days prior to the
meeting at which such amendment is considered.
AS AMENDED FEBRUARY 21, 1995
Section 4.12 Tax Increment Expenditures. The expenditure
of any tax increment generated from Tax Increment Financing
District No. I-lor Tax Increment Financing District No. 1-2
shall be approved (1) by a four-fifth (4/5) vote of the Board if
the expenditure is for tax increment eligible improvements
located within the area designated on the attached map; or, (2)
by a majority vote of the Board if the expenditure is for tax
increment eligible improvements located within the area
designated on the attached map.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE Februarv 21. 1995
AGENDA
t-O.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
EDA Meeting
City Clerk
ITEM
t-O.
Appoint EDA Officers
V. Volk ~~'
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At the present time the officers of the EDA are as follows:
President - Jack McKelvey
Vice' President - Don Jacobson
Secretary - Mike Knight
, Treasurer - Larry Dalien
Assistant Treasurer - Marj Perry
A new treasurer and assistant treasurer need to be appointed.
The remaining officers can stay the same or new ones can be
appointed.
Attached is a resolution appointing the officers.
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MOTION BY:
SECOND BY:
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ECONOMIC DEVELOPMENT AUTHORITY
IN AND FOR THE
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPOINTING OFFICERS FOR THE ECONOMIC DEVELOPMENT
AUTHORITY.
BE IT RESOLVED by the Board of Commissioners of the Andover
Economic Development Authority as follows:
1. Appointment of Officers. In accordance with Minnesota
Statutes, Section 469.090, the Board hereby appoints to the
following offices of the EDA the following persons, respectively:
President
Vice President
Secretary
Treasurer
Assistant Treasurer
Adopted by the Board of the EDA this ____ day of
19 95.
President
Attest:
Secretary
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON
DATE
re~,u~1121, 1:1:-15:
AGENDA
f'.O.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Stalff, Committee, Commissions
ITEM
f'.O.
I ')? Backyard Composting
b(-:J .
Cindy DeRuyter
Recycling Coordinator
t@
BY~
Background:
In the past year, I have studied backyard composting programs, The programs that have been successful have an
instructional backyard composting seminar and have a process to distribute composting bins,
On April 19th, a Backyard Composting and Grasscycling Seminar is scheduled at Bunker Hills Activities Center at
7:00 pm, The City of Coon Rapids has indicated an interest in this program and will be included, A well known
compost expert, Jim McNelly, will present part of the program and will be available for answering questions,
Harvey Buchite, from the Anoka County Extension Service will also try to be part of the program.
The City of Hutchinson has had an .active program for the past three years and has been helpful in formulating the
program,
The Andover City Council are encouraged to be an active ingredient in this program,
'AOTION BY:
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACI10N
DATE
rellfl:l8p) 21, Hlllli
AGENDA
1\0.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
StaTf, Committee, Commissions
ITEM
t-O.
::,>1. Toro Mulching Mower Program
Cindy DeRuyter
Recycling Coordinator
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BY,9}
In conjunction with the yard waste reduction process, the Toro Company has an Environmental Solutions
Program, This involves having a Grasscycling Seminar to encourage residents to let grass clippings lay instead of
disposal. When the clippings remain on the lawns, there is less need for haulers to pick up clippings and also the
clippings will mulch the lawn allowing moisture to remain longer. This should help alleviate some of the sprinkling
in the summer, This program not only gives participants the information they need to recycle, but it also gives
them the means to do just that.
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At the seminar, our community can select residents to serve as demonstrators, These participants are each given
the free use of a mulching lawn mower for a specified period of time, The community, with Toro's help, publicizes
the program to make residents aW<lre of it and to encourage independent yard waste recycling efforts,
A representative from Toro and I will explain more fully at the meeting.
See accompanying information from the City of Hopkins concerning the success of this program in their city,
~'J10TION BY:
TO:
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HOP K
N S
February 14, 1995
Cindy DeRuyter
City of Andover
1685 Crosstown Blvd NW
Andover, MN 55304
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Dear Cindy:
I am writing in response to your request to provide information
on our participation in the Toro Environmental Solutions Program.
I originally hear'd about the program at the MPCA Seminar where
the ci ty Administrator from Hutchinson gave a presentation on
their participation in the program. The City of Hopkins' first
experience with the program was last year on April 16, 1994.
Because the city was making major changes to its brush and yard
waste collection programs (adding fees), we thought including the
Toro program with those changes would bea good way to educate
our residents; and' offer information on how they could avoid 'the
fees. Since the' City of Hutchinson had provided an incentive to
participants (offering compost bins free to residents) we felt we
should also have some incentive to insure that we got people to
attend the seminar. The attached invitation briefly explains' the
incentives. I have also attached the agenda for the day.
We worked with Toro and our local Toro distributor, Hance
Hardware in Hopkins. Since Hance is the only Hardware store in
Hopkins we did not have any problems selecting. We had several
meetings between the City, Toro and Hance, and from those
meetings we developed the idea of a Yard Waste Reduction Seminar.
Our program was a huge success. Many questions were asked by
residents at the seminar and many positive comments were made as
they were leaving. The goodwill that this seminar generated
helped make it worth all the efforts we put into it. The
following list, outlines some of the issues relating to our
program which might be important for you to consider, when
planning a similar event:
1010 First Street South, Hopkins, Minnesota 55343 612/935-8474
An Equal Opportunity Employer
o Space - we were forced to limit attendance because of space
at the facility. This did cause some residents to be upset
because they were not allowed to participate. Because of
this we informed those residents then that we would be
repeating the seminar again in 1995. This years program
will only be offered to those residents that did not have
the opportunity to attend last year.
o Mower Use participation - we placed all 208 registration
forms into the drawing box for the mower use program. We
would change this and ask that only interested residents
place their names in the box. This is because out of 208
participants 25 of the first 50 names drawn chose not to
participate, or did not show up at the seminar as planned.
This was not a good method because it was a public drawing
and it took time to redraw.
o
We planned from the beginning to offer the mower use to
residents for a period of 35-45 days. After the 35-45 day
period the participant could either purchase the mower at
the reduced rate or return it to Hance Hardware. This
proved to be a better method than allowing them to use the
mower for the entire mowing season because out of the first
mower use period, six of the mowers were returned. We then
drew 6 more names and out of those six 3 were returned. Of
the remaining 3 the city kept one and the other 2 were sold
by Hance Hardware to their customers.
o Keep in mind that Hopkins was able to provide the extra
incentive of the refuse rebate because we collect refuse
from all residential properties and they pay a fee for that
service. Because of the revenue generated from this account
it was not necessary to use any funding from general funds
which are supported by tax dollars.
I hope this information helps you in making your decision to
participate in the Toro program. If you need any further
information please let me know. I am sure that our City Council
members would also be willing to speak with you about the
program. The Council members that attended the seminar were also
very impressed with the program and how it was received by our
residents.
Si!1clj!~ly , /Yl Ph (d.i /.'"
('~'1 /,.I<''X-/'' ~ 17-'r' \
Kathy Max-McIntosh
Recycling Coordinator
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
,FEBRUARY 17, 1995
AGENDA SECTION
NO NON-CONSENT AGENDA
ORIGINATING DEPARTMENT
FRANK STONE
SUPERINTENDENT OF~
PUBLIC WORKS ~
APPROVED
FOR AGENDA
ITEM
NO ONE TRUCK-MOUNTED REGENERATIVE
'c:?S: AIR VACUUM STREET SWEEPER
BY:
BIDS WHERE RECEIVED FEBRUARY 16, 1995 AND READ ALOUD AT 10:00 AM. IN THE COUNCIL
CHAMBERS AT ANDOVER CITY HALL. MULTIPLE BIDS WHERE RECEIVED FROM MAC QUEEN
EQUIPMENT AND MIDWEST MACHINERY.
MIDWEST MACHINERY
FIRST BID: 1 1995 CF7000 TILT CAB AND REGENERATIVE AIR SWEEPER
$117,091. 43
SECOND BID: 1 1995 CONVENTIONAL CAB LN7000 AND REGENERATIVE AIR SWEEPER
$108,012.30
THIRD BID: 1 1995 CONVENTIONAL CAB LN7000 AND REGENERATIVE AIR SWEEPER,
IN STOCK AND READY FOR DELIVERY $ 94,850.00
JURTH BID: 1 1995 CF7000 TILT CAB AND REGENERATIVE AIR SWEEPER,
, ' IN STOCK AND READY FOR DELIVERY. $111,068.00
MAC QUEEN EOUIPMENT COMPANY
FIRST BID: 1 1995 CF7000 TILT CAB AND REGENERATIVE AIR SWEEPER
$109,777.00
SECOND BID: 1 1994 CF7000 TILT CAB AND REGENERATIVE AIR SWEEPER,
(THIS UNIT IS A DEMO) $100,056.75
PLUS $3,912.00 FOR A FOUR YEAR WARRANTY, BRINGS THIS
UNIT UP TOO A TOTAL OF $103,968,.75
ALL THE OTHER UNITS HAVE THE 4,000 HOURS OR 4 YEAR WARRANTY WHICH EVER COMES
FIRST.
ATTACHED TO THIS ITEM, IS THE NOTICE OF ADVERTISEMENT FOR BIDS AND THE
INSTRUCTIONS TO BIDDERS PLEASE READ AND IF YOU HAVE ANY QUESTIONS GIVE ME A CALL
AND I WILL BE GLAD TO ANSWER YOUR QUESTION.
I HAD ESTIMATED THIS UNIT AT $85,000.00 FOR OUR EQUIPMENT BOND FUND I HAVE
DISCUSSED THESE UNITS WITH THE CITIES OF COON RAPIDS AND THE CITY OF ANOKA. BOTH
CITIES RECOMMEND A CF700 TILT CAB OR STUB NOSE TRUCK, THE TILT CABS HAVE A
SHORTER WHEEL BASE AND HAVE LESS PROBLEMS SWEEPING CUL-DE-SACS ETC., THE
CONVENTIONAL CAB UNITS OR MORE FOR COUNTIES,STATE, AND CONTRACTORS. IN OTHER
WORDS LONG STRAIGHT STREETS AND ROADS. SO THIS LEAVES USE WITH FOUR REMAINING
BIDS WHEN THE CONVENTIONAL UNITS ARE OUT.
I' '
_ ..JTION BY:
TO:
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WE HAVE LOOKED AT THE DEMO UNIT FROM MAC QUEEN, FOR $103,968.75.
WE FEEL THIS IS NOT THE UNIT WE WOULD WANT TO PURCHASE, WE FEEL THE CITY
SHOULD START OF WITH A NEW UNIT AND NOT A UNIT THAT MAY ALREADY HAVE
PROBLEMS, THIS WAS LEAKING OIL ON GARAGE FLOOR.
THE NEXT UNIT FROM MIDWEST MACHINERY , WHICH IS THERE FOURTH BID WHICH WAS
FOR $111,068.00 AND REMOVING OUR ALTERNATE BIT FOR OPTIONAL HAND HOSE
EQUIPMENT FOR $4,307.93 WHICH WE CAN PURCHASE SOON TIME IN THE FUTURE. THIS
GIVES USE A TOTAL OF $106,777.00 TAX INCLUDED. THIS IS THE MACHINE WE ARE
RECOMMENDING TO PURCHASE. THE CITY OF ANOKA PURCHASED ONE IN LATE 1994 AND
THEY ARE HAPPY WITH AND CITY OF COON RAPIDS IS BIDING ONE OF THE SAME.
I KNOW THIS IS OVER THE ESTIMATED BUDGET, BUT I'M SURE I CAN MAKE IT UP
WITH THE TRADE IN VALUE OF OUR GRADER, IF NOT WE WILL HAVE TO REMOVE THE
PURCHASE OF ANOTHER PIECE OF CAPITAL EQUIPMENT FROM THE BUDGET THIS YEAR.
TOTAL OF COMPLETE UNIT
MOTOROLA RADIO
GRAND TOTAL
$106,777.00
900.00
$107,677.00
DELIVERY: FOR THEM TO DRIVE FROM FACTORY TO ANDOVER.
WE WILL BE JOINT SWEEPING WITH THE CITY OF RAMSEY THIS YEAR.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF ADVERTISEMENT FOR BIDS
The Council of the City of Andover will receive sealed bids in
duplicate at the office of the City Clerk at the City Hall, 1685
Crosstown Boulevard N.W. Andover Minnesota, until 10:00 February
16, 1995, for:
One Truclt-Mounted Regenerative Ai.r vacuum Street Sweeper
and they will be read aloud immediately thereafter. Bids will be
reviewed by the City Council at their next regular scheduled
Council meeting.
Proposal forms and specifications may be obtained at the Office
of the City Clerk, 1685 Crosstown Boulevard N.W., Andover,
Minnesota 55304. Bids must be submitted on such proposal forms
and will not be accepted unless securely sealed in an envelope,
marked as to contents and with the City Clerk prior to the time
noted for the closing of the bids.
Bids must be accompanied by a certified check, bidders bond, or
cash in the amount of at least five percent (5%) of the bid and
made payable to the City of Andover as liquidated damages in the
event the bidder fails to enter into or complete the contract.
The deposit of the three lowest bids will be retained by the City
until a Contract has been awarded and executed, but no longer
than sixty days.
Bids to be on the basis of payment upon final delivery and
acceptance in accordance with specifications for this equipment.
All bid prices shall be F.O.B., Andover, Minnesota.
No bid may be withdrawn for a period of thirty (30) days after
bid closing date without consent of the City Council.
The City Council reserves the right to reject ~ny and all bids,
to waive informalities; and further reserves the right to award
the Contract in the best interest of the City.
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Victor.ia VoJ.k
Ci ty C.lerk
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INSTRUCTIONS TO BIDDERS
A. All bids must be writt~n in ink or typewritten.
B. All bids must be submitted in duplicate.
C. All bid envelopes must bear the inscription, " Bid for
Street Sweeper", as well as name and address of bidder.
D. The bid envelope shall be addressed to the City of
Andover, City Clerk, 1685 Crosstown Boulevard N.W.,
Andover, Minnesota 55304.
E. The bid must be accompanied by a certified check,
cashier's check, or bid bond payable to the City of
Andover in the amount of not less than five percent (5%)
of bid.
BID AWARD AND ACCEPTANCE
)
Bids will be received at the Andover City Hall, City Clerks
Office, 1685 Crosstown Boulevard N.W., Andover, Minnesota, until
10:00 a.m. on February 16, 1995, at which time and place bids
will be opened and read.
Award shall be based on, but not necessarily limited to the
factors of price, delivery date, City's experience with the
products proposed, City's experience with the services proposed,
City's evaluation of the bidders ability to service City in terms
of the requirements as called for in these specifications,
quality of merchandise offered analysis and comparison of
specifications detail, and bidder's ability to meet requirements.
The City reserves the right to accept or reject any or all bids
or any part of this bid and to waive any defects or
technicalities or to advertise for new bids where the acceptance,
rejection, waiving, or advertising of such would be in the best
interest of the City. The City also reserves the right to award
all or part by item, group of items, or by section where such
action services the City's best interest, and to hold all bids
for 45 days. The final decision as to whether a bid proposal
meets minimum specifications rests with the City.
WARRANTY-SWEEPER]
A.
The vendor will furnish a non-deductible 100 percent parts
and labor manufa~turer's warranty of four years or 4,000
hours, whi~hever ~omes first, on the vacuum equipment.
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The vendor will provide, in writing, the name and location
of the authorized repair center which will perform any
warranty work during the warranty period.
C. The manufacturer or its representative, along with City
personnel, will perform any annual inspections to assure
compliance with the warranty.
B.
E. The manufacturer will provide free pick-up and delivery of
equipment during the warranty period.
WARRANTY -CHASSIS
A. Total chassis coverage is l2-months/unlimited mileage.
B. Engine and drive train coverage is 24-months/unlimited
mileage, 100 percent parts and labor.
TRADE-IN
NO TRADE IN.
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If for any reason, the City is not satisfied with the equipment
performance during the first 12 months after the date of
delivery, the City shall have the right to return the equipment
for a full refund of the purchase price.
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2.
GENERAL SPECIFICATIONS
1
A. The vehicle/or equipment called for herein shall be a new,
currently advertised standard production model
incorporating all of the latest changes and features,
including those called for herein.
B. Vehicles and/or equipment shall meet all Federal Safety
standards including those mandated by OSHA, noise level
requirements, and ICC requirements.
C. To facilitate comparison of proposals and to provide a
means of checking adherence to the specifications detail,
each bidder shall submit with his/her proposal descriptive'
literature.
Where the equipment bid differs from the specifications
detail set herein, a list of variations shall also be
submitted on the form provided. Where variations are not
cited it shall be assumed that the bidder proposed to meet
all the requirements of the specification.
D.
All brand names used in these specifications are intended
to be used as examples of the type of quality considered
acceptable. A bidder may substitute a brand of equal or
higher quality; however, the decision of quality of
substitute rests with the City.
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3.
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DELIVERY PRI:CE
Bidder shall quote delivery price. The vehicle/equipment called
for hereunder shall be delivered to the Public Works Garage
located at 1785 Crosstown Boulevard N.W., Andover, Minnesota.
DELIVERY DATE
Bidder shall indicate on the attached proposal form number of
calendar days after receipt of order by which time the
vehicle/equipment shall be delivered to the City.
If unit is not delivered by April 1, 1995, a loaner will be
needed until the new truck-mounted regenerative air vacuum street
sweeper arrives.
MANUFACTURER I S SPECIFICATIONS
A complete set of manufacturer's specifications and illustrated
descriptions shall be furnished in duplicate with each bid.
LICENSES
The City shall obtain its own vehicle license, but the vendor
must supply the City with the necessary papers properly completed
and signed to enable the City to secure each license and/or
title.
TRAINING OF OPERATOR
The unit will be delivered completely assembled, serviced and
ready for operation. At delivery time the vendor will have a
qualified service representative in attendance to discuss
startup, operation, and maintenance of the equipment. The vendor
will also train two representatives of the City of ANDOVER at the
factory on the maintenance, repair and the troubleshooting of
problems associated with the sweeping unit.
INTENT OF SPECIFICATIONS
It is the intent of these specifications to obtain bids FOR TRUCK
MOUNTED REGENERATIVE AIR VACUUM. It should include all of the
standard manufacturer's features, as well as the additional
equipment listed in the equipment specifications.
4 .
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ERRORS AND OMISSIONS
The bidder shall not be allowed to take advantage of any errors
or omissions in the specifications. Where errors or omissions
appear in the specifications, the bidder shall promptly notify
the City of such error or omission. Inconsistencies in the
specifications are to be reported before the bids are received.
DELIVERY PRICE
Money deposited as represented by the certified check, cashier's
check, or bid bond accompanying the bid shall be held until
delivery is completed and accepted.
INSPECTION
A final inspection will be made by (2) representatives of the
City at the location of the manufacturer prior to equipment
leaving the factory. All expenses and arrangements are to be made
by the successful bidder.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE reBE~aEY 21, 1993
AGENDA
r-.o
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Non-Discussion Item/Consent Item
ITEM
r-.o
Approve Final Payment/93-18
Pine Hills
scot~ Eri7kson,~~
Eng~neer~ng
1JJ
c::2 t. .
The City Council is requested to approve the resolution accepting
work and directing final payment to Master Asphalt Company for
projec:t 93-18 for the improvement of streets in the Pine Hills
area.
MOTION BY:
SECOND BY:
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by councilmember
following:
to adopt the
A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO
MASTER ASPHALT COMPANY FOR PROJECT NO. 93-18 FOR THE
IMPROVEMENT OF STREETS IN THE FOLLOWING AREA: PINE HILLS
WHEREAS, pursuant to a written contract signed with the City
of Andover on July 19 , 19~, Master Asphalt Company of
Maple Grove. MN has satisfactorily completed the construction
in accordance with such contract.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Andover, Minnesota that the work completed under said contract is
hereby accepted and approved; and
,
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BE IT FURTHER RESOLVED that the City Clerk and Mayor are
hereby directed to issue a proper order for the final payment on
such contract, taking the contractor's receipt in full.
MOTION seconded by Councilmember
and adopted
by the City Council at a
regular
meeting this
day of
21st
February , 19~, with Councilmembers
voting in favor of the resolution
and councilmembers
voting against whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
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Victoria Volk - City Clerk
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Bonestro~
Rosene
Anderlil< &
Associates
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1\11
Engineers & Architects
January 13, 1995
Mr, Scott Erickson
City of Andover
1685 Crosstown Blvd. N,W.
Andover, MN 55304
Re: Pine Hills Street Improvements
City Project No. 93-18
Our File No. 17157
Dear Scott:
Bonestroo. Rorene. Anderflk and AssoC/.ltes. Inc. IS
Otto G Bonestroo. PE
Robr'r! W. ROlent". PE.'
Joseph C Anderfrk, P E
Marvin L. Sorv,ll.t. PE
R,charl;J E. Turner. PE
Glenn R. Cook, rE.
Thom,lS E Noyes. PE.
Roberl G $chunrcht. P E
'SUsdn M. Eberhn, CPA
. Sen.or Comult.mt
HOW,Hd A. S,lnford. PE
Keith A. Gordon, PE
RObert R. Pfefferle. PE
Rrch.ud W. Foster. P E
I).wld 0 lasko!"', P E
Robert C. Russek. A I A
Jerry A Bourdon, PE
M,lrk A H.lnson. PE
Mlch,l!;'1 T. Rautm,lnn. PE
Tl'd K Frel,l. PE
Thom,u R, A'l{lerson. A I A
Oon..ld C Burg.Hctl. r E
Thom.ls A Sylta. PE
FrederiC J 'Stenborg. PE
Ismilt'1 Martlnet. PE
Mrch<lel P Rau. PE
Thomils W. Pelerson. P E
irm<wve Actlon/EqucJI Opportunity Employer
Michllel C, Lynch, PE
J<lmes R M.11.lnd. PE
Jerry D. Peltlsch, PE
FrederiC J, Stenborg. PE
Scot! J. Arg.lnek. rE.
Kenneth P Anderson. PE
Mark R. Rolfs. PE.
Milrk A. Selp. PE.
G.lrY W. Marlen. P E
Pclul J G,mnon, A 1 A
D,mlel J Edqer[Qr1. PE
A Rick Schmidt. PE
Philip J. Cnwell, PE
M,lfk D. W.IIIIS. PE
Miles S. Jensen. PE
L. Phillip Gravel. PE
K(Hen L Wlemerl. PE
G<ory D KflHOfl[l. PE
BrMn K G<lge. P E
Keith R Yapp. PE
Dougl<ls J. BenOit. PE
Sh.lwn D. Gust<1fson. P E
Cecllro OliVIer, PE
P.lul G, Heuer. P.E
JOhn P Gorder. PE
O,m D. Boyum. PE
Jeffrey J Ehleflrlger. PE
Lee M M.mn. PE
Ch,Jrles A. Erickson
leo M. P.lwehky
Harl,m M. orson
Agnes M, Ring
J<lmes F Engelhardt
n 7~"" ,.(-" ~ 71"
..& ....... ':1....~' ~~ .'t ~ .~.r~\ ~D'
-"'.' --.! ~~ ~..: ,~."",.J..
JAN 17 ;995
Ci-r." , ,
",,- M1VLOVER
)
Enclosed please find three (3) signed copies of the 2nd and Final Request for Payment for the Pine
Hills Street Improvement project.
,
The project underran the revised contract amount by $5,222,67, or 7.2%.
The project has been satisfactorily completed and we recommend the City accept the project and
make final payment.
If you have any questions, please contact me.
Sincerely,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
~a~
Thomas A. Syfko
TAS:pr
Enc.
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2335 West Highway 36 . St. Paul. MN 55113 . 612-636-4600
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