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Home My WebLink AboutCC August 1, 1995 CITY of ANDOVER Regular city Council Meeting - August 1, 1995 Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Amend Ordinance 8, Section 7.03/Special Uses/Impound Lots 2. Amend Ordinance 8, Sec. 3.02 & 7.03/Therapeutic Massage in Commercial Districts 3. Ordinance 110/Therapeutic Massage 4. Receive Petition/Woodland Terrace Traffic Issue , BRA Meeting 5. Approve Levy of Special Benefit Tax/Anoka County HRA EDA Meeting 6. Order Public Hearing/Set Sale/TIF Bond 7. Receive Feasibility Report/Order Hearing/Commercial Blvd. Extension/94-33 Staff, Committees, Commissions 8. Computer Update 9. Met Council Report/Septic Inspections Non-Discussion Items 10. Approve "No parking" Resolution/Bunker Lake Blvd/Burnet Senior Classic Golf Tournament 11. Order Feasibility Report/Crooked Lake Blvd./95-l4 12. Approve Quotes/93-7/Fencing/City Hall park Complex #2 13. Adopt Resolution/Name Change 14. Approve payment/91-22 & 91-28/Round Lake Blvd. & Bunker Lake Blvd. 15. Approve C.O. #4/Woodland Pond 2nd/94-2 16. Approve C.O. #2/Crown pointe East/94-22 17. Approve C.O. #3/Section 22/94-18 18. Approve C.O. #2/93-30/Bunker Lake Blvd. Frontage Rd/Phase 2 Mayor-Council Input Approval of Claims Adjournment CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 1. 1995 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED NJ. Approval of Minutes FOR AGENDA ITEM City Clerk NJ. W Approval of Minutes ",) Volk I" V. The City Council is requested to approve the following minutes: July 18, 1995 Regular Meeting July 18, 1995 BRA Meeting , 1 I " ) MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE l1.11<]" C!.... , 1QQ~ . AGENDA f'.O SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM f'.O Planning ~BY ,~ t- Amend Ordinance No. 8 Section 7.03 Special Uses David L. Carlberg Planning Director I. REQUEST TheA.ndover City Council is requested to review the proposed amendment to Ordinance No.8, Section 7.03, Special Uses, which would allow vehicle impound lots in an I, Industrial District with the granting of a Special Use Permit. The Council is aware of the lengthy history regarding this amendment. I RECOMMENDATION The Planning & Zoning Commission on July 11, 1995 made the motion to recommend approval of the proposed ordinance amendment. Attached for Council review is the amendment to Ordinance No.8, Section 7.03, Special Uses. MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: SECTION 7.03 SPECIAL USES. INDUSTRIAL DISTRICTS: I Industrial Districts Adult Use Businesses as defined in Ordinance #92 and as amended. Advertising Signs Liquor License Outdoor Display, Storage and Sales \ Public Utility Structures Repair Garages Retail Trade and Services Sale and storage of new and used auto parts within a building only Vehicle Impound Lots NOTE: All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover this day of , 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk ( , CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JULY 11, 1995 MINUTES The Regular Bi-Monthly Meeting of the, Andover PI ning and Zoning Commission was called to order by Acting Chairpers Randy Peek on July 11, 1995, 7:00 p.m. at the Andover City Hall, 1 5 Crosstown Boulevard NW, Andover, Minnesota. ... Commissioners present: Maynard Apel, Bev Jeffrey Luedtke, Jerry Pu nam Catherine Douc~te, Jay Squires City Plannin Director, David Carlberg Others Commissioner absent: Also present: APPROVAL OF MINUTES June / 27, 1995: Page 2, 1st paragraph, 3rd line: Mr. Carlberg clarified that NB is a commercial zone. / Page 3, ref ence comments by Tracey Jewett: Mr. Carlberg clarified that here are only two liquor stores in Andover. Page 3, rd paragraph, reference comments by Mr. Wojitowicz on the use TIF funds: Mr. Carlberg clarified that TIF funds are not b ng used for development on this property. pa 8, last paragraph, change, .garage entrance is coming off Az c.... to .garage entrance is coming off South Enchanted Driv . ( / Jovanovich, Seconded by Luedtke, to approve the Minutes as corr ted. Motion carried on a 4-Yes, 1-Present (Apel),... 2-Absent (Do cette, Squires) vote. mPUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 7.03, SPECIAL USES - VIHPOUND LOTS IN AN I, INDUSTRIAL DISTRICT 7:04 p.m. Mr. Carlberg reviewed the history regarding the use of impound lots in the City. In 1993 the Planning Commission had recommended they be allowed; however, the City Council denied their use. Andover has since received a favorable court ruling to have an impounding business removed from the City. The impounding business appealed,the court's decision to the City Council, which in turn asked the Planning Commission to again review the ordinance regulations regarding that use. MOTION by Apel, Seconded by Jovanovich, to open the public hearing. ( Motion carried on a 5-Yes, 2-Absent (Doucette; Squires) vote. 7:06 p.m. Bob Lund. Lund's Towinq, 13929 Ouinn Street NW - is, requesting the ordinance be changed to allow him to continue operating his impound lot in Andover. He felt the City can use a towing company and impound lot. He provides a service to the residents in Andover. He has beep fighting Regular Planning and Zoning Commission Meeting Minutes - July 11, 1995 , Page 2 / (Public Hearing: Amend Ordinance 8, Sec. 7.03, Impound Lots, Cont.) for the impound lot for three years. People do not want to sit in a car for hours to have a tow truck corne from outside the City when there could be one available ,from within the City in 10 to 15 minutes. He has four tow trucks, plus he is able to do some repair in St. Francis. Also, many people don't want a wrecked car sitting outside their house. In an accident, they take care of the personal property so people don't have to worry about it until they are home from the hospital. They have spent a lot of money to stay in the City, and there have been few complaints, though he related an incident of a complaint that he was running the business out of his house. That incident involved driving his flatbed home with a class car to deliver in Delano the next morning. Mr. Lund stated he does not run the business out of his house. They dispatch the closest of the four trucks to an accident for the best response time. He does not have an office in his horne, but he does transfer the business phone number to his home for the late-night calls. The City has told him he couldn't do that, though he didn't see a problem with that. ( Commissioner Apel stated this was discussed thoroughly three years ago. Other cities have them, and there is a need for one in Andover. Mr. Carlberg stated the complaints are not the issue this evening. The Staff is working with Mr. Lund on the complaints that he is dispatching ,tow trucks from his residential property. The issue this evening is whether impound lots should be allowed in the Industrial District by Special Use Permit. MOTION by Apel, Seconded by Luedtke, to close the public hearing. Motion carried on as-Yes, 2-Absent (Doucette, Squires) vote. 7:13 p.m. Commissioner Apel stated he has not changed his position on this matter. Since the City has taken on the attitude of tagging vehicles that are not licensed, he felt the City has a duty to make the towing of those cars as convenient as possible. He still feels the use does not conflict with the automobile activities already in the City. Acting Chairperson Peek asked if the conditions on a Special Use Permit can be handled on a case-by-case basis. Mr. Carlberg explained some uses such as beauty shops and barber shops have conditions listed in the ordinance. Others have conditions added on a case-by-case basis. Commissioner Doucette phoned him with the concern of the conditions that should be added to a Special Use Permit for impound lots; and she particularly liked the idea of containing everything within a structure. Certain parameters can be set up in the ordinance, or a separate ordinance written to include screening, fencing, hours of operation, licensing, etc. Commissioner Apel felt the conditions are not the issue at this time. First the decision must be made as to whether or not impound lots will be allowed in the City. , Commissioner Jovanovich asked why this would be discussed again if the City received a favorable ruling from the court. Mr. Carlberg explained the City Council, at the request of Mr. Lund, directed the Commission to review the issue further. Commissioner Apel noted three of the ( Regular Planning and Zoning Commission Meeting Minutes - July 11, 1995 / Page 3 (Public Hearing: Amend Ordinance 8, Sec. 7.03, Impound Lots, Cont.) Councilmembers are interested in reviewing it again. The cou~t did not comment on whether it is a good or bad idea to have an impound lot in the City. It simply said the City has the authority to omit them. Acting Chairperson Peek did not feel the conditions of a Permit could be considered until there is an actual request. One consideration may be to limit the number of Special Use Permits that would be given for impound lots in the City, similar to the limiting of licenses for garbage haulers or pawn brokers. Commissioner Apel agreed that conditions are not listed for most other uses, and that it would be difficult to guess what those conditions should be until there is a request. He again stated he believed this use is something the City should have, and many of the people he has talked to feel the same way. Also, there was no opposition at the public hearing. MOTION by Putnam, Seconded by Apel, that we send to the City Council for approval the ordinance amendment to Ordinance No.8, Section 7.03 to include vehicle impound lots as prepared by Staff. There was a public hearing and there was no opposition, and one person spoke in favor. Motion carried on a 4-Yes, I-No (Jovanovich), 2-Absent (Doucette, Squires) vote. This will be on the August 1, 1995, City Council agenda. 7:26 p.m. ( \' DISCUSSION - AMEND ORDINANCE NO.8, SECTION 3.02 - THERAPEUTIC MASSAGE IN COMMERCIAL DISTRICTS Mr. Carlberg explained the City Council referred the item back to the Commission for further review, as there were concerns with allowing therapeutic massage as a home occupation. The direction was to consider allowing it only in commercial areas. Staff has proposed an amendment to that effect by including a definition of therapeutic massage under retail trade and services as well as a definition for therapeutic massage establishments. The use would be permitted in commercial districts and by Special Use Permit in the Industrial District. It would not be allowed in residential districts either as a home occupation nor could a therapist to go a home to conduct therapeutic massage. Commissioner Apel stated if the impetus of the original request was to establish therapeutic massage as a home occupation, this defeats that purpose. Mr. Carlberg stated the original request was for a home occupation. Commissioner Apel recalled in the initial discussion, most felt that it was a good idea to allow people to get what they need when they need it, including the use as a home occupation and on-site at the home of people who want the service. He has not changed his position and felt it is foolish not to allow them in the residential districts or to prevent / 'them from practicing in people's homes. It is a holistic program. If the / Council is adamant about not having it in residential areas, the Commission cannot change that and can only recommend the use in commercial areas as requested. Commissioner Putnam likened the house calls of a therapist to those of carpet cleaners and others who go into the homes for a particular use. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION July 11, 1995 AGENDA ITEM 3. Public Hearing Amend Ordinance No.8, Section 7.03 DATE ORIGINATING DEPARTMENT Planning David L. Carlberg BY: Planning Di rector APPROVED FOR AGENDA ~ BY: REQUEST The Andover Planning and Zoning Commission is asked to review the proposed amendment to Ordinance No.8, Section 7.03, Special Uses. The amendment would allow towing services/impound lots by the granting of a Special Use Permit in the I, Industrial District zoning classification. REVIEW The Planning and Zoning Commission reviewed this same amendment in 1993 and recommended to the City Council approval of the amendment. The Council however choose not to approve the amendment and directed Staff to prepare a resolution stating reasons for denying impound lots. The City since that decision went to court to have an impounding business removed from an I, Industrial District. The Courts ruled in favor of the City, however, the impounding business appealed the courts decision to the City Council. The Council directed the Planning and zoning Commission to again review ordinance regulations regarding impounding operations. BACKGROUND In 1993, the Commission reviewed ordinances received from other cities including: Minnetonka, Faribau1t, Rochester, West St. Paul, Shorewood and Madison. Of these ordinances, the City of Minnetonka and the City of Faribau1t seem to be the only useful documents. The City of Minnetonka requires within an I-1, industrial district, a conditional use permit for towing businesses. However, Minnetonka does not allow the impounding of vehicles at the location of the towing service. Attached are the sections of the ordinance that apply. The City of Faribau1t requires a conditional use permit in a C-2, commercial district for vehicle storage associated with towing businesses. Attached is the portion of the ordinance indicating the conditions or requirements of the permit. Page Two Amend Ordinance No.8, Section 7.03 Special Uses Impound Lots P & Z Meeting - 7/11/95 The Commission should consider the conditions imposed by both Minnetonka and Faribault. Those of most importance are the screening of the vehicles, fencing, landscaping, number of vehicles associated with the operation, hours of operation, percent land coverage and location of the impound lot. Staff also conducted a phone area who have impound lots. the meeting. The proposed amendment is attached for Commission review. poll in 1993 of other cities in the That information will be presented at Reguiar Planning and Zoning Commission Meeting Minutes - May 23, 1995 r "e 7 J / (Discussion: Amend Oridnance 53 - Dog Enclosures, Continueaj of the enclosure from property lines. He noted the Counc~l discussion on the item at its April 18, 1995, meeting. Commis ioner Doucette stated she was at that meeting and commented that be use the lots in Andover are often odd-shaped, the proposal may be too estrictive in the urban area. A suggestion was made to locate the e losure 40 feet from the human dwelling adjacent to the owner's prop' rty. She liked that idea. That would basically eliminate the dog nclosure from the side yards in the R-4 district; and the R-l distr. t would have sufficient space that it should not matter. Mr. Carlberg stated the issue is where should the dog enclosure be located so it is not offensive to adj cent property and still allow people to have dog enclosures. The 30- oot requirement was to eliminate the enclosures from the side yards. Commission discussion noted the suggestion of 40 feet from the dwel ~ng structure on adjacent property is the same as 30 feet from the s. e yard plus the 10-foot setback on the neighboring parcel. That wou d not necessarily place the enclosure in the middle of the back yard It would depend on the angle between the neighbor's house and the e closure. There was also concern that the kennels not be located right n the property line. A suggestion was to require the dog enclosure t be 40 feet from the neighboring residential ~ructure and not less t n 10 feet from the property line. 3463 33rd Lane NW - was in favor of putting the dog enclosures behind th house. Even though the 40 feet from a neighboring house keeps the enc osures out of the side yard, there is still the back yard and the conce n with the enclosure being too close to a neighboring back yard with s ngs and other play equipment. She also corrected the City Council m. utes of April 18, Page 6 in that she thought it would solve the pr lem by saying 30 feet from the dwelling. She would, however, su ort, 40 feet from the adjacent dwelling with a minimum of 10 feet fr m the property line. DISCUSSION - IMPOUND LOTS Mr. Carlberg explained the City Council has requested the Commission reconsider allowing impound lots in the City. That request was forwarded on a 3-2 vote. He gave a brief history of the discussions on impound lots and the decision in 1993 that they would not be allowed. )uncilmernber Apel noted the Council has changed since then and there -~eems to be a change in attitude toward the automotive related businesses. Three of the Councilmernbers are indicating a willingness to consider them. If there are going to be towing laws in Andover, he felt the people should be given an opportunity to have them towed to within the City itself. He was in favor of the impound lot then and he still r.egular Planning and Zoning Commission Meeting Min~tes - May 23, 1995 Page 8 (Discussion - Impound Lots, Continued) is. Until two or three years ago, no cars were towed in Andover. Now it happens frequently, and he would prefer they be towed to someone in the City. Secondly, for a health and safety issue, he felt the police force needs a quick access to this type of service, which is better served by someone in the City. While it may be legal for the Council to prohibit this activity, he doesn't think it is the moral and ethical thing to do. With these types of activities moving into buildings, all of the arguments of auto-related businesses will disappear. Commissioner Peek also felt the attitude toward auto recycling has changed in the last year. Commissioner Putnam thought the impound service is needed and that it should be provided within the City for the residents. Commissioner Jovanovich made some calls and found the closest impound lot other than Lund's is North Star, plus there are two others. She questioned who determines where a car is towed and was told that is up to the police. She was also told it would take North Star ten minutes to get to any place in Andover. Commissioner Apel suggested the others talk to the deputies about what towing service they prefer. He has talked to them and found they prefer Lund's on Bunker Lake Boulevard. He felt the amendment proposed in 1993 to allow the impound lots by Special Use Permit is still the best method to allow the use in r.~e City because it gives the City the added control. I The Commissioner generally agreed to look at the item further and asked Staff to prepare the language for an ordinance amendment similar to what was proposed in 1993 for review at a future meeting. It was also suggested research be given to preparing a separate ordinance on impound lots similar to what was established for the recyclinq centers. MOTION by Doucette, Seconded by Luedtke, to adjourn. unanimously. Motion carried The meeting was adjourned at 9:30 p.m. Respectfully submitted, ',- ,.... ". . \,', .."....'.'_i..O<I ('. .. _./" \ " ~.. :"".. . .:~<' ,. Marcella A. Peach Recording Secretary CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION May 23, 1995 AGENDA ITEM 9. Discussion Impound Lots DATE ORIGINATING DEPARTMENT Planning David L. Carlberg BY: Planning Di rector APPROVED FOR AGENDA BV:"4L REQUEST The City Council has requested the Planning and Zoning Commission to reconsider allowing impound lots in the City of Andover. Currently, Impound lots are not permitted in the City. The City recently received a favorable ruling in a lengthy lawsuit with Lund's Towing upholding the zoning Ordinance. However the Lund's appeared before the Council on May 2, 1995 requesting they still be allowed to operate within the City at 1714 Bunker Lake Boulevard NW (minutes attached). The Council at that time directed the Planning and zoning Commission to review Ordinance No.8 again and reconsider allowing impound lots within the City. Staff asks for direction from the Commission at this time. j , Regular Andover City Council Meeting Minutes - May 2, 1995 'Oage 6 SPECIAL USE PERMIT/KENNEL LICENSE/20B 166.!l'H~;:W Mr. Carlberg reviewed the Specia e Permit request of Debbie Brink for a kennel license to house s' adult dogs on her 7-acre parcel, noting that because of the cha e in the ordinance, this will be the last Special Use Permit f a private kennel license that the Council will hear. The Plannin ommission has recommended approval. Seconded by Dehn, the Resolution. (See Resolution the Special U' ebbie Brink for a Avenue NW) Motion carried unanimously. ~ DISCUSSION/LUND'S TOWING Mr. Carlberg explained the Lunds have requested they be placed on the Agenda to address Lund's towing. Two and one-half years ago the City rejected their request for a Special Use Permit, and the City has had a favorable court ruling in this case. Robert Lund and his wife, owner's of Lund's Towinq - asked that they be allowed to continue operating in Andover as a towing company and to be 1ranted a Special Use Permit. Their company is needed in the City, and Ar. Lund related several instances where they have come to the rescue. It also saves the officers time because they can arrive on the scene faster than other services can. He can get to anywhere in Andover within ten minutes, but it takes 20 to 25 minutes for other tow companies; and the officer must wait until one comes. They have also been used when Anoka County deputies pick up people for DUl's after coming from Pov's Sports Bar. Council noted a Special Use Permit cannot be granted under the existing ordinance. An ordinance change would be necessary to allow the business. Mr. Carlberg also pointed out that was the process taken in 1992 and 1993 when the Lunds requested to remain in the City. The City Council determined on March 2, 1993, that based on the Comprehensive Plan and City ordinances that an impound lot would not be appropriate in the industrial area. It went against what the City is trying to do to with the TIF funds to eliminate some of the automotive type businesses. That decision has been upheld by the courts. If this is allowed in the industrial zones, it would also be allowed in Hughes' Industrial Park. Mrs. Lund stated within the City. and Mr. Hawkins determinations. Ordinance 33, Section 5, states cars will be towed Mr. Carlberg stated that is an interpretation issue, noted the City won both the legal and factual Mr. Lund argued Andover may have its own police department some day, and cit will be important to have an impound lot in the City. People do not want to drive way outside of the City to pick up their cars. Mrs. Lund stated if the City doesn't want them on Bunker Lake Boulevard, they would be willing to move to another location within Andover. All other cities have at least one impound lot. Regular Andover City Council Meeting Minutes - May 2, 1995 ~age 7 , (Discussion/Lund's Towing, Continued) In the Council discussion, Councilmember Knight recalled that the decision was made not to allow them because the City was trying to clean up that area and eliminate some of the automotive uses. He felt an impound lot provides the same visual impact as a junkyard. Even though the cars are rotated frequently, they are still smashed up cars. The City is spending a lot of money to clean up the area of these types of uses. Mr. Lund stated they would put up a fence as high as the City wants to screen the lot. The cars on their lot can be seen now because he doesn't want to stick a lot of money into fencing unless he knows he can stay. The City can control the number of licenses it issues for impound lots just as it does for garbage haulers. They could even enclose the entire lot so the cars cannot be seen. Mr. Carlberg felt once a Special Use Permit is granted, it opens up the area to other impound lots as well. Councilmember Jacobson was bothered because the Lunds just started the business without coming to the City first; and then they did not leave after the Council turned down their request several years ago. Councilmember Dehn had a problem with the City taking one business, especially one that is probably a necessary part of the City, and saying ',ecause there are already auto recycling yards, that another person with dn auto-related type business must be excluded from the City so no more cars are laying about. There is a difference between 20 cars and 1500 cars on a site. She did not like the way this came about and she felt this type of service is needed in Andover. Mr. Lund agreed, noting the places he does towing for. He has four trucks and pays $15,000 a year to keep them insured and operational. The junkyards are hurting his business. He doesn't sell or repair anything on cars. Councilmember Kunza felt a towing business is needed in the City, especially as the City grows. The City wants business, yet it is kicking one out strictly because it is an automotive industry. He did not feel good about that. Winslow Holasek - stated this type of business is necessary. People have accidents and cars have to be towed. There are not many deputies in Andover, and he is concerned with requiring them to wait longer for an out-of-city towing service. He also questioned the legality of the City being able to eliminate a certain use. He'd like to see the towing service allowed. Mayor McKelvey stated he supported the towing service before but was in the minority. He even talked with the Lunds and suggested they consider renting property with a building to house the impounded cars. The Lunds stated they did not recall that suggestion. MOTION by Dehn, Seconded by Kunza, that we have the Planning and Zoning 'Commission look at the ordinance once again to reconsider a towing ,service or that type of business within the City. Motion carried on a 3-Yes, 2-No (Jacobson, Knight) vote. Councilmember Jacobson noted this does not vacate the court judgement. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1995 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED f\O FOR AGENDA n;"'l""l1c::c::;nn Tt-<>mc:: Planning ~ ITEM f\O BY: Lund's Towing David L. Carlberg Planning Director REQUEST \ Robert Lund has requested to be placed on tonight's City Council agenda to address the Council regarding Lund's Towing, an impounding business located at 1714 Bunker Lake Boulevard NW. The Council should be aware that the City has been in a lengthy litigation with Lund's Towing and has recently received a judgement from the Anoka County District Court. Said judgement orders the defendant (Robert Lund) to permanently enjoin from conducting a towing and impounding business on subject property. Since this case has a history which has progressed over two and a half years, Staff has prepared the following background to appraise the Council. , BACKGROUND November, 1992. Staff informed Lund's Towing is operating at Eddy's Auto Body (1786 Bunker Lake Boulevard NW). Staff contacts Lund's Towing informing them impound lots are not allowed as a permitted or a special use in the I, Industrial District. December 1, 1992. Lund appears before Council at residents forum requesting license to continue business at said location. Council sends item to Planning and zoning Commission for review and recommendation to Council. December 8, 1992 & January 26, 1993. Planning and zoning Commission reviews regulations regarding impound lots. Recommends to Council an amendment to Ordinance No.8, Section 7.03, special Uses which would allow impound lots by special use in the Industrial District. February 16, 1993. City Council reviews p & z recommendation. Council directs Staff to prepare a resolution stating findings of fact to deny impound lots. March 2, 1993. Council approves resolution denying impounding businesses on a 4-yes, 1-no vote. Mr. Lund given 120 days (until July 2, 1993) to relocate business. / MOTION BY: SECOND BY: Page Two Lund's Towing Discussion City Council Meeting May 2, 1995 June 30, 1993. Lund's attorney requests 90 day extension. Staff honors the extension request to allow Lund's the necessary time to relocate. Relocation deadline is now October 2, 1993. AUaust/september, 1993. Mr. Lund moves operation from Eddy's Auto bo y to 1714 Bunker Lake Boulevard NW. October/November, 1993. Staff commences legal action against Mr. Lund and property owner. Legal actions proceed from October, 1993 to date. A~ril 25, 1995. Staff receives decision from Anoka County Dlstrict Court (attached). Mr. Lund also requests to be placed on Council agenda. Again, Staff would like to remind the Council that this case has proceeded over two and a half years and cost the City taxpayers thousands of dollars to defend the zoning Ordinance and the decision of the Council on March 2, 1993. / ".S"""'~7-'" ~D?1 . .. './1 ' . , ..:.. ~ ~'~1 ;.. .'" ;"'-"'1 ";4 ,. ,. ~;.' ',~ 'j ~ A A... _~ -:.~- _,:~~: ";>..-"' STATE OF MINNESOTA COUNTY OF ANOKA APR 1 9 \995 IN DISTRICT COURT CIVIL DIVISION TENTH JUDICIAL DISTRICT J .;;;:..; ~ :".",,;:..PI'OI COL:.~' ."':....-.l~.' '.';."":.~,~~ rCR City of Andover, ~.;O,," \.:~..'l.i~",Y M:. FINDINGS OF FACT; Plaintiff, e~~:1' 'f :l"h~ CONCLUSIONS OF LAW; -.. r'COl'iirV ORDER FOR JUDGMENT; AND JUDGMENT v. Steve Paul Bendtsen, Robert D. Bendtsen, and Robert Lund, Defendants. File No. C7-93-13923 A court trial was conducted before captioned matter on March 22, 1995, in Anoka, Minnesota. the undersigned in the above- at the Anoka County Courthouse The above-named Plaintiff City of Andover was represented by Barry A. Sullivan, Esq. The above-named Defendants Steve Paul Bendtsen, Robert D. Bendtsen, and Robert Lund were represented by Joan M. Quade, Esq. Based upon all files, records, and proceedings herein, the court makes the following: FINDINGS OF FACT I. Background. 1. That a "FACTUAL BACKGROUND AND PROCEDURAL HISTORY" of an ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT filed herein on November 09, 1994, is incorporated herein by reference thereto; II. Rational Basis Issue. 2. T*nat in light of the parties' evidence and argUments, Defendants have not proved that a zoning ordinance banning a motor vehicle towing-and-impound business of De=endant: Lu.nd is unsupported by any rational basis related to promoting public health, safety, morals, or general welfare, or that the ordinance amounts to a taking without compensation; 3. That contrary to Defendants' assertions, rationally related to promoting public health, general welfare; 4. That reasons stated by Plaintiff's City Council in its denial of an amendment proposed by Defendant Lund were the Council's true reasons for the denial; the ordinance is safety, morals, or 1 III. Substantive Due Process Issue. 5. That the ordinance reasonably tends to accomplish a purpose of its enactment without unreasonably or arbitrarily exceeding needs; and 6. That further, the ordinance does not exceed Plaintiff's needs because the ordinance is related to reasonable health, safety, and welfare concerns. Based upon the foregoing FINDINGS OF FACT, the court: makes the following: CONCLUSIONS OF LAW 1. That in light of State. Neiqhborhoods v. City of Rochester, Honn v. City of Coon Raoids, 313 ordinance must be upheld; 2. That accordingly, Plaintiff's prayer for reI ief contained within its Comolaint filed herein on December 13, 1993, must be granted; and bv Rochester Association 268 N.W.2d 885 (Minn. 1978) N. W. 2d 409 (Minn. 1981), of and the 3. That: further, Defendant's prayer for relief contained within their Answer And Counterclaim Of Defendants Steve Bendtsen. Robert D. Bendtsen And Robert Lund filed herein on March 16, 1995, must be denied. Based upon the foregoing FINDINGS OF FACT and CONCLUSIONS OF LAW, the court makes the following: ORDER FOR JUDGMENT 1. That Plaintiff's prayer for declarato1:y judgment is hereby GRANTED, to-wit: Declaratory judgment shall be entered forthwith, declaring that: Defendants' use of their subject property for conducting a commercial towing and impound business is in violation of the aforementioned zoning ordinance; 2. That Plaintiff's prayer for an order permanently enjoining Defendants is hereby GRANTED, to-wit: Commencing June 01, 1995, Defendants shall be permanently enjoined from conducting or allowing commercial towing and ~ound business on the subject property; and Commencing June 01, 1995, Defendants shall operation of towing and impound business on property. discontinue the subj ect 2 * * * Dated, ilj.MI IP /rl".1 - By, JUDGMENT I hereby certify that the foregoing ORDER FOR JUDGMENT constitutes the judgment of the court. Dated: 3 Jane F. Morrow Court Administrator By: Deputy. J -" .l /Ill/ i? ~ Ie r7 k C'-L , Zcc:..::..g Orc..:..::.a=ce Sec~::'cn 300.2'<'. ?age 82 S~C~!ON 300.2'.3. !-1 !~crs~~!.~ D!S~~!C~ S~3D!7!S:ON 1. PURPOSZ. ~=e p~~cse of ~~e !_~ d~s~~~c~ ~s ~o ?~OV1~e a d~s~~~c~ ~or i~~us~~ial Uses ~= areas so des~~a~ed i.::. ~~e coC?re~e.::.s~ve pla.::.. Develepce.::.~ ...~'t:-:'~::. ~~e d.is-:..ic~ s=.~!. 'be ~eo..:la--:ed. ~~~~~.:~ ~=.!! per~or-~~ce s~~~ds ou~l~:ed 1: sec~~ol:. 300.28 of t~~s or~.::.ance to promo~e se.::.si~ive site desig.::. a.::.d to m1tiga~e eX~erna1 site i~ac~s. SU3D!7!S!ON 2. P~_~!~~~ USES. Wit~i.::. t=e !-1 dist~~c~ '::'0 s~ruC~U:e or la.::.~ s~~l ce used except for a ~arehouse. storage, manufacturi:g, processi:g, service, ~holesale or researc~ Use occurri.::.g ~it=i.::. an enclosed bu~ldi.::.g, excep~ as provided for in sub~Visio.::. ~. S~3D!'V!SION 3. t~e ::-ollo~i:g s-..:bo~d:!..::.ate to ACCESSORY USES. Within the I-1 dis~~ict uses s~all ce per:n1 t'ted provided t~e:; are and associated ~~~ a per~tted use: . \ o~::'ices area of .::.ot exceedi.::.g 50 percel:.t ~1:.e pr~:c:i,al s"t:-uc-=~e; . . o~ t~e gross fleer 0) '4V~~- q"--.e-s ~o'r - - --6 ~ ... *' are lecated ~t~in ~=e secu:~tj perso~el, provided t~e7. ~~~~ci~al s~~uc~~e: c) over::.igb;t . outside storage o~ vehicles,. provided vehicles are associated '.of1 ti:. t~e busi.::.ess a.::.d scree.::.ed !~om view ~rcm res1de.::.'t~al proper~1es public views; .......A ~-- a:e or d) outside storage, inclu~.::.g ~uel storage, sc~ee:ed ~~om ge~eral pu::~c v~ey; p:-ovidec. 4_ ...~ . - ...::. "~ ! retail or service uses .::.ot exceedi.::.g 2S perce.::.~ gross floor area of t~e pri.::.c~pal struct~e; 0_.. "'''''A . '--- !) receive-c::.lj' satelli~e dis~ al:.te~as ~d ot~er devices subject to .t~e requirements fo~c. in ;00.28, sub~vision 1'; 2..:l~e::.=a sectio.::. g) otber USes CUS't0ma:i1j associated wit~ but s-..:borc.~.::.a~e to a per~tted use, as deter=ined 0:; the citj. SU3D!'7!S!ON A..' ~ONDI'!'!ON)"!' USES. >f Wi t~i.::.. the ~~ ---:J--"" dis~r~c~ no land or s~ruo~ure may ce used for t~e follo __~- 71 exce~t bj conditional use permit and in'cor.fo~:~~ce ~~~~ ti:.e standards contai.::.ed in section 300.21 of ~~is or di.::.ance : a) heliport; ~ ./ b) Zon~=g Orc.~= Sec-:~cn :500.2~ ?~e S3 :- e -= a..:!. 1 , ~~:-ce::.": or serV'~ce Q~ the g=-.oss Uses OCC~~7~=g bet~ee: 25 a.:~ 50 a:"a o~ -\.oe ""r."c.""a' s-....c-....... - - w_ . r -- -I" - -_............. _ J . c) ce=eter~es: c..) ~ ~=.~ ; e) ~ue11c b~l~:gs or :ac111~1es; :) ~~~s1e:~ sales; vehicle <:owi~ bUS1l::.esses: auto coc7 repair anc painting businesses; or (added 6/6/88 by Ord. 88-500) i) other uses similar to those permitted in this section, as determined by the city. SUBD!V~S!ON 5. D!S~!C~ 1~ ~~e !-1 ~S~:~C~ s~~l ~~~ ~~e ~ollow~:g: S~~~~~s. No build1:g or la:~ ce use~ eXce~-: ~: cc~cr-~~ce ~ a) bu11di:g b.eig:.~:. ""'."......~ 0: 35 :eet. b) front yard setback: min~ of 35 feet from local streets or 50 feet from railroad lines and from collector or arterial roadways as designated in the comprehensive plan. (amended 6/6/88 by Ord. 88-500) c) d) e) t , s 1 c..e ..... -- and rea: 7a:d. se~backs: :n1:1.:1l.:m se~backs shall ":e acccrd.a:ce ~~b. ~b.e t'ollowi:g Yhe: ceas~e~ la:.d.des1g:ated. acccrdi:gl7 1: ~he ccmpre~e:s1V'e ~-:'o= ~la:.: ,.) 713 t'ee": :rqm 10.... de:si~7 res1cien~1al ; . 2) 50 t'ee~ ~:-CC1 cedimn a:.d h1g:. de:s 1 ~:7' res1d.e:-:~al ; 3) 30 ~ee~ ~ro= co--ercial , c~~~ce and 1:s-t i ~'U~ ~ onal :. . 4) 20 t'eet t::cm 1:d-..:s~r1al a.:d ;luelic park. ~loor area ra~10: m."....1::n:m ot' 1.0. 10": coverage: cax1~ lo~ a:d. shall be calc....la-:ed. -:0 park1:e; areas; d.:1veyay's: areas a.:d. 0't1:.e.r areas su:-t'ace. coverage shall be 85 ~erce:-: 1:clud.e bU11d1:g ~co~~ri=-:s: 10ad1:g, storage and. 'trash covered b7 an7 icpervio1.:s ~) access: bt per~1t ~rcc t1:.e apprcpriate p1.:blic au~bor~~7 Yi~b pri:c~pal access ~rom a collec-:cr cr ~-~erial. roa~Ya7 as desi~a~ed 1~ ~1:.e.ccm~rehe~sive plan or a st:eet s?eei~~cal17 desig:ed. to accoc:oda~e i~~ustr1al tr~~ic. I~- "........~_..... .~.i:;2>:.: .............;. ..' ~. ... . . '?~ ... .". l" :.:/ .j : ,/ Zoni~g Ordinance Sec::ion 300.21 Page 97A '\ .5cr3D!7:S:0N o. .S?~C:~:C S~~~AF~S IN I-1 !~UST~!A~ D!S~~!C~. !: ~d~~~cn ~o ~~e s~a:Ca::S s~ec~~~e~ ,~ SUb~v~s~c~ 2, :0 con~~~on~ ~e pe~~~~ shall be g~a:~e~ '~1.~ss -:=-= =~ '":7 .::=t:::.=~:' :..e~=:=~::=s -:=3.'": eac~ c~ -:=.e ~ollo~:g s-;;a:cia:cis ...n.ll be ce"t: a.) hel~~or"ts; "t~e subdi~sion ~ g)' 1) see"tion ~"~'l a~p17. same s"t a::c.a: cis "t:uo oue::" 5 ) , as . speci~1ed 1: inclusive, o~ ~h~s b) re"ta.:!.l pe:-ce::.~ or ser~ce uses c~ "t~e g:ocss area. OCC~""py~:g be"t-..-een 25 a:d S~ o~ ~:e pri~ci~~ s~ruc~~e 1) sh~l be bU11ding; 2) s~ll have no ou"ts1de s~orage or dis~laj a:d :c accessory s-;;~uc"tures; a::d e~er10r no modi~ioa"tions ~o ~he ~) shall have S~~1c1e:~ park1:g, cons1s-;;e:"t s-;;a::cia:cis s~ec~~~ed in see-;;1o:c. ~00.2S or~:.a::.c:e . .J~ ~=. -\0 ... --- -:h~s c~ ~) . ce=e~er1es; ~he S'Ub~ v1s::'c:c. ~ k) , ) see-;;~on shall a~~ly. as spec1:-1ec. 1: ~:cl~sive, o~ ~h~s s a:ne s"t anc.a: cis "t'h~ ou~ 4. ) , d) :na:1:a.s: "the same s-;;a.:c.darcis subdiv~sicn ~ 1) 1) "thrcu~ 5), see-;;::'o:c. shall app17. as s~eci:~ed i~ inclusive, c~ "this ". e) ~mblio "ou1l~:::.gs cr ~ac::'li"t~es; spee::'~~ec. in sucdiv~sicn ~ m) a~p 1y . ":he sace s":a::.cia:d as o~ ~his seo~~cn shall ~) "t:-a::.sien"t sales; ~l:1e same s":a::.c.a:cis as speci~1ed 1::. subdi~s1cn 4 0) 1) "throu~ 10), inclusive, i~ ~h1s . sec"t1cn shall apply. -~ehicle ":cwtng "ousine~ses '=-- ) . 1) "there shall be nc i~cu:c.d lc~ on ":he proposed lcea"t1cn: ~ ) ------ 2) no e~er1or s~orage o~ unlicensed a::.d inopera"tive vehicles: ~) a::.y 'e~erior s"torage o~ awa.:!. ~::':g serv~ce shall adjacen~ pro~er"ties: ~owed vehicles or vehicles be sc~ee:ed ~~om v~ew c:- - 4) sl:1all =.O~ be loca~ed ~~~i:l 200 t"'ee~ 0:- residen~ial :z:on.i:g dis1:~ic~; and 5) hours c~ cpe~a"t::'on . t:a3' be li~ited by the citj j cctJ:lc1l i~ dee!:1ed ar:'9:- ::;J ria. ~ e to pro~ec-;; reside:~ia.l proper~ies in ":he area ~":om ac.ve:-se i.::rpac-;;s. ~ 1 . _1- Cl r i .L:;au /J- I~g_--f~ll~~iQg---~~g~__~~~__~~e~g~~l~__e~~~iQ~t~g__iQ__~Q~__:~=~: gi~t~ist~_-e~i~~~~__~gt~~l_-1Q__f~g~_~t~Qg~Qg_~t~~st~~g~~_~~S~_~~~ SlQt~iQg__-~t~~~~~__~~~g~~~~~__g~QS~~~~__~ng__2t~g~__~i~il~~__~~g~ ~~~g~~ge-fQ~_t~g-:~=~:-~~~~~Qi!~_~Q~~g~Si~l_gi~!~iS~~ 21 Re~~tl//zale$//lexa~~lei////Sd~e~~ar~e~s{//~e~ar~~en~//z~~res, ~~~d~~~e{/a~d/~~e~t~1~1/~~Z~~1/ 31 ge~vt~eS//lexa~~leJ//~e~t~aZ/~1~~t~S{/~a~K$,/par~t~g/Z~~sllre~ pa.tr/s~lll~"Y/ ~Y ~~d~.trig/lex~~pleJ//~gj~elsl/~0~elsY ~Y ET.~er~atri~e~~//lexa~~let//Res~~dra~~sl/~ar$l/dtri~er/~~ea~resY/ 1~rd//~1ll//77~S'/9~~se~~t0~/7Y <e) Permitted aecessory uses. 1) All permitted Olceessor-y uses as allowed in a "C-l" Neighbor- hood Commercial District. 2) Off-street parking as regulated by subdivision 4 of this or-dinance including semi-trailer trucks. ~l. Dav care facilitv as an acc~ssorv use to a crincical acti- ------------------------------------------------------------- ~it~~e~Q~~giQg--~~~~~~~__~~~1~~i~~1~__t~_g~e12~gg~_Qf_t~~~_~S- ti~i!~~ ~l. eSSg~~Q~~--~~~~il--~~-_~__~~S2Q9~~~__~St~~itit~_!Q_~_eg~~i!t~g ~_ ~s-=--:.. <*- (Conditional usesJ~' .-.--'~'!:t!!-i!:!:::'=5!!:!~ ~=g:-Q.i~t~i~!~-Q2-~t~~S!~~~_'2!:_1~ng_~~~lLQg_~~g9_fQ!: !~~--fQll~~iQg--~~g~__Q!:__~~g~__Q.g~~gQ._~i~il~!:_Q~_!~~_~i!~_~9~nsil ~i!nQ~t--QQt~iQiQg-~_SQngi!iQQ~1_~~~_eg~~it_~SS2~giQg_!Q_!ng_~~g~- lations of SUbdivision 22 of this ordinance: -------------------------------------------- J ~ !~dridt~tdrial//~ses7//re~~tre//a//~dri~i~t~riaZ/dse/per~1t/~~sem/~~dri pr0~.m~res//se~//f~r~~//t~/~ri~/re~~ra~e~/~y/.~~mivtstgjri/22/~f/t~ts lllrGltJ'lancz!t!f 1) Drive-in and convenience food establishments provided that: a) The architectural appearance and functional plan of the build- ing and site shall not be so dissimilar to the existing build- ings or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distanee of the lot. b) At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with subdivisior. 3, (J) of this ordinance. c) Each I ight standard island and all islands in the parking lot landseaped or covered. d) Parking areas and driveways abutting r-esidential districts .:., (J) ar,d 4 .:.f th is ordir.ar.ce. shall be screened from view of in compliance with subdivision J The es:ablishment of an outdoor enclosure. beer garden or patio as an accessory use to a bar. restaurant or club licens- ed to sell into~icating or noninto~icating liquor. provided that: a) 7he struct~re shall be contiguous ~o ~ne principal building which is licensed to sell into~icating or noninto~icatin9 liquor and conform to the saMe setbacks of the principal building. b) The conditional use or defined .rea and tions of the property, permit shall only apply to the approved shall not be transferable to other por- without prior approval of the city. c) The primary access and egress shall be frOM the main premise or structure and no other access or egress-shall be allowed other than those required emergency exits. d) The premise shall be defined or structurally constructed so as to prohibit the free passage of any person or substance from the area. e) The area shall have a permanent surface of concrete. asphalt, wood or other fabricated construction material. f) The area and as to screen constitute a ties. surroundings Shall be so landscaped or designed the enclosure from the outside area and not to blighting influence from the abutting proper- g) An employee shall responsibilities of area. be assigned at all times of operation the supervision of the activities within the h) Sound equipment which amplifies music or voice shall not be permitted within the outdoor enclosure, and all other noise shall be so controled in a manner which is not objectionable due to intermittence, beat, frequency, shrillness Or volume and shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Code of Agency Rules, as subsequently expanded, modified or amended. i) If any provisions or conditions of the ordinance are not met as it relates to outdoor areas serving into~icating liquor, the chief of police can administratively suspend the condi-- tional use permit. Upon suspension, the city council ~nd/or planning commission shall hold a public hearing and consider revocation or suspension of the conditional use permit. J) The provision of Subdivision 33Cb), C~) of this ordinance are conside~ed and satis~actorily met. ehicle st~orage associated with, but not limited to vehicle re- pair shops, towing businesses and Motor fuel stations, provided that: ~, ~ I / ~ Not more than ten (10) inoperable vehi~les may be stored at any time on the prerllises. The premises is S~reened ac~ording to Subdivision 3(J) of the Zo:.ning COde. FenCing and s~reening is absolutely required whereever vehi- ~le storage is within view or adJacent to a publi~ right-o~_ way, and wherever vehi~le storage is within one hUndred (100) feet of a bUilding On ~n adJa~ent property. d) The ~ity may determine that ~en~ing and s~reening is not re- quired along open space areas, wood, or otherwise unsable or unoccupied land, however the bOUndary must be then lands~aped or planted with vegetation in a manner determined acceptable by the ~onditional use permit. It) Fen~es existing in good repair a conditional use permit, but height, may serve to meet the however, that the ninety (30) tained Or achieved. at the time of application ~or which are only six (6) feet in ~en~ing reqUirements, prOvided, percent opaqueness can be main- f) VehiCle storage operations eXisting at the time of the pass- age of this ordinance shall be required to prOVide on half of the amount of required fen~ing and screening designated in the conditional use permit within one (1) year. Within two (2) years the entire designated amount shall be provided. h) The premises prOVides adequate drainage. g) All vehicle storage takes place in the rear yard. i) The premises is grassed, treated or otherwise sUrfa~ed to prOvide adeql.late dust and weed Control. J) No vehi~les or parts thereof uPOn PUblic property. shall be placed ~or any time k) The ~ity reserves the right to imPose any further parti~ular ~onditions Which it deems ne~essary is a given situation. ~ ~~"--~!'~~--.'!'~li'Q.."~'_."_'"~2ff=>~._~i'..~_~'_~Q.~. tQ~-Q~in~iQ~1_~Sti~it~_in~21~~~_li9~~~_~~1~~~_Q~Q~ie~g-t~st~ ~1 Q!!=~t~~~t--Q~~~in9__i~-Q~Q~ie~e_in_SQ~Qli~nS~_~itQ_~~2gi~~iQn ~__2f_t~i~_SQg~-Q!_Q~ein~ns~~_~n2_i~_!~1~_~~~!~S~2_~i!~_2ity- minQY~__Q~-SQnS~~t~_m~~~~i~1~~_~t~iQ~g~_~n2_1i9Qt~g_in-SQmQli- ~nS~-~itQ-~YQei~i~iQn_Ji~L_Q!_tQi~_2~Qin~nsg~ 21 e~~~ing__~~~~~--~~g_f~nSgg_Q~_~s~~~n~g_!~Q~_t~~_~i~~_Q!_n~igQ- QQ~ing_~~~i9~Q!i~!_Y~~~-Q~_~n_~QYt!ing_:B:_9i~t~iS!_in-S~~Qli- ~nS~-~itQ_~YQ2i~i~iQn_3(~L_Qf_tQi~_Q~gin~nSg~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, July 11, 1995 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to discuss and possibly amend Ordinance No.8, Section 7.03, Special Uses. Said amendment would allow towing services/impound lots by the granting of a Special Use Permit in the I, Industrial District. All written and verbal comments will be received at that time and location. v~vt~ty Clerk Publication dates: June 30, 1995 July 7, 1995 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AUGust 1. 1995 AGENDA f\O SECTION ORIGINATING DEPARTMENT Discussion Items Planning ~ David L. Carlberg, Planning Director APPROVED FOR AGENDA ITEM f\O Amend Ordinance No.8, Sections 3.02, Definition Therapeutic Massage v ~. REQUEST The City Council is asked to review the attached amendments to Ordinance No.8, Section 3.02. The Council tabled this item at theit June 20, 1995 meeting a~d referred the item back to the Planning Commission for further review and changes. The Planning and Zoning Commission discussed the concerns of the Council on this item at their July 11, 1995 meeting and refer the item back to the Council as presented by Staff with no recommendation. GENERAL REVIEW Section 3.02 Definitions The proposed amendment would ~dd a definition for therapeutic massage and therapeutic massa3e establishment. The amendment would also add therapeutic massage establishments to the definition of retail trade and services. Attached is the proposed amendment and the minutes from the July 11, 1995, Planning and Zoning Commission meeting. MOTION BY: SECOND BY: , , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: SECTION 3.02 DEFINITIONS Retail Trade and Services: Stores and shops selling the personal services or goods over a counter. These include: antiques, art and school supplies, auto accessories, bakeries, barber shop, beauty parlor, bicycles, books and stationary, candy, cameras and photographical supplies, carpets and rugs, catering establishments, china and glassware, Christmas tree sales, clothes pressing, clothing and costume rental, custom dressmaking, department stores and junior department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts, hardware, hats, hobby shops for retail of items to be assembled or used away from the premises, household appliances, hotels and apartment hotels, interior decorating, jewelry, including repair, laboratories, medical and dental I research and testing, laundry and dry cleaning pick-up, processing to be done elsewhere, laundromat, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, photography studios, service station, restaurant, when no entertainment or dancing is provided, shoes, sporting goods, tailoring, theater, except open air drive-in, therapeutic massage establishment, tobacco, toys, variety stores, wearing apparel and similar type uses. or Massa e Establishment: An establishment in the providing therapeut1c massage serVlces to t e public. , ) Page Two Amend Ordinance No. 8 NOTE: All other sections of the zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the city of Andover this 1st day of August, 1995. ATTEST: Victoria Volk, City Clerk \ / CITY OF ANDOVER J. E. McKelvey, Mayor Regular Planning and Zoning Commission Meeting Minutes - July 11, 1995 'Page 3 (Public Hearing: Amend Ordinance 8, Sec. 7.03, Impound Lots, Cont.) Councilmembers are interested in reviewing it again. The court did not comment on whether it is a good or bad idea to/have an impound lot in the City. It simply said the City has the-authority to omit them. Acting Chairperson Peek did not feel the conditions of a Permit could be considered until there is an actual reguest. One consideration may be to limit the number of Special Use/Permits that would be given for impound lots in the City, similjif to the limiting of licenses for garbage haulers or pawn brokers. Commissioner Apel agreed that conditions are not listed fo~~most other uses, and that it would be difficult to guess what t .~e conditions should be until there is a request. He again state he believed this use is something the City should have, and many the people he has talked to feel the same way. Also, there was no 0 osition at the public hearing. HOTION by Putna Seconded by Apel, that we send to the City Council for approval the rdinance amendment to Ordinance No.8, Section 7.03 to include ve 'cle impound lots as prepared by Staff. There was a public hearing d there was no opposition, and one person spoke in favor. Motio carried on a 4-Yes, I-No (Jovanovich), 2-Absent (Doucette, Squ. es) vote. This will be on the August 1, 1995, City Council agenda. 7' 6 p.m. c (i) " DISCUSSION - AMEND ORDINANCE NO.8, SECTION 3.02 - THERAPEUTIC MASSAGE IN COMMERCIAL DISTRICTS Mr. Carlberg explained the City Council referred the item back to the Commission for further review, as there were concerns with allowing therapeutic massage as a home occupation. The direction was to consider allowing it only in commercial areas. Staff has proposed an amendment to that effect by including a definition of therapeutic massage under retail trade and services as well as a definition for therapeutic massage establishments. The use would be permitted in commercial districts and by Special Use Permit in the Industrial District. It would not be allowed in residential districts either as a home occupation nor could a therapist to go a home to conduct therapeutic massage. Commissioner Apel stated if the impetus of the original request was to establish therapeutic massage as a home occupation, this defeats that purpose. Mr. Carlberg stated the original request was for a home occupation. Commissioner Apel recalled in the initial discussion, most felt that it was a good idea to allow people to get what they need when they need it, including the use as a home occupation and on-site at the home of people who want the service. He has not changed his position and telt it is foolish not to allow them in the residential districts or to prevent ,them from practicing in people's homes. It is a holistic program. If the ; Council is adamant about not having it in residential areas, the Commission cannot change that and can only recommend the use in commercial areas as requested. Commissioner Putnam likened the house calls of a therapist to those of carpet cleaners and others who go into the homes for a particular use. Regular Planning and Zoning Commission Meeting Minutes - July 11, 1995 'Page 4 / ( (Discuss Amendment/Ordinance 8, Sec. 3.02, Therapeutic Massage, Cont.) Cara Geist, 13464 Jonauil - stated she started out wanting permission to conduct therapeutic massage in her home. She has since set up practice with a chiropractor in Coon Rapids. She was quite surprised when the City Council took the position they did. The ordinance was one of the best she had seen. With all of the regulations, there was still the element if whether it is really wanted in the City. Instead of seeing it objectively as therapy and holistic medicine, there was an element of fear that someone will bring prostitution into the City. .Under the ordinance, what prostitute would pay thousands of dollars and spend the hours it takes to become certified and licensed? Plus there are the inspections and high fees if found in violation. She didn't know how the ordinance could be tightened up without being totally unfair. It is now to the point of having to fight for the legitimacy and dignity of the profession. She does not agree with allowing the use only in the commercial district. The use can be done beautifully in the home setting. Plymouth has an ordinance on adult entertainment, and the reason for this ordinance was so the profession would not degenerate to that type of business. St. Paul also protects them. She felt it is hypocritical to say yes to its legitimacy but keep it to a specific area. She is also a home care nurse and goes to facilities and the ,homes of people. She didn't see how that is any different. Ms. Geist /stated she personally has given up on the idea of a home practice for various reasons; however, she felt that it should be allowed as a home occupation for those who want to practice in their homes. Gloria Phillips, 14235 Raven Street stated she just found out yesterday that she would not be able to set up a practice in her home. This really places a hardship on her. She has taken many hours of schooling, has two children and a disabled husband, and does not want to start a commercial business. It is disappointing because it is. something she worked hard for, trying to support her family. It is disheartening to be clumped with some element that someone might fear based on ignorance of what therapeutic massage is. She works with people who have MS and AIDS and trains people with disabilities. It is a health issue. She would like to be able to go into a home of an Andover resident who needs the service and give them therapeutic massage. She would not like to think that if one of her children needed the service, she could not have it done at her home because of the ordinance. It is disconcerting that Andover would not allow that service in the homes of people who need it. As proposed, it is very limiting to her. She is not going to be able to practice at all because she doesn't have the funds to open her own store front. She has worked hard for her training, many sacrifices were made by her family, and she has an excellent reputation. She can provide a wonderful service to many people; and this is frustrating because she knows there are good ordinances that can regulate this. , /Commissioner Luedtke indicated he was hurt several years ago, and it was difficult to get therapy. If someone could have come to his house, it would have been great. He saw a need for this service and felt the ordinance provides the regulations and guidelines needed to control it. Commissioner Apel felt it is a political question based on whether \' Regular Planning and Zoning Commission Meeting Minutes - July 11, 1995 'Page 5 ~ (Discuss Ordinance 109, Therapeutic Massage, Continued) therapeutic massage is good or bad -- a question of fear and personal opinion of what mayor may not happen. Acting Chairperson Peek stated this has been to the Council twice, and each time the Commission has suggested that it is appropriate as a home based service and as an out- source to offer the service in the user's individual home. However, he agreed with Commissioner Apel, that it is moot to pursue that recommendation regardless of the reason. The issue is the attitude of the Council that therapeutic massage may be allowed somewhere, such as presented by Staff. Perhaps this is a starting point. He recommended the item be forwarded to the Council without recommendation for approval or denial, since the Commission's position has been made clear. ( Commissioner Putnam stated it is a little disheartening that the Council can't see enough to allow the out-reach program for therapists, to go into the homes of those who can't come to the office. Possibly that will happen in time, though he would like to see that allowed now. Commissioner Jovanovich stated unless a person is personally ~ouched by someone who needs therapy and the convenience it is to have that service provided in the home, it is difficult to understand the need. Her grandson is disabled and someone does come to the home for therapy and massage. She would not have supported this before personally 'experiencing what a blessing it has been to her family to have someone Jcome to the home. MOTION by Putnam, Seconded by Luedtke, to send it to the City Council as prepared by Staff. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. This will be on the August 1, 1995, City Council agenda. 7:26 p.m. SCUSSION - ORDINANCE i~, AN ORDINANCE REGULATING THERAPEUTIC MASSAGE RCIAL DLS'l'K,!c;"j'S Mr. Ca berg noted the reference to therapeutic massage establishments and prac . e within residential districts has been eliminated from the proposed or 'nance. MOTION by Putnam, Seconded by Jovanovich, to send to the City Council the ordinance regu ing therapeutic massage, Ordinance NQ. 109 as prepared by Staff for t ir review. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. This will be on the August 1, 1995, City Council agenda. 7:26 p.m. Acting Chairperson Peek adjourned eting at 7:55 p.m. ~"- /Respectfully submitted, I m~ ~~~ ~:r~la A. Peach, Recording Secretary CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSION ACTION AGENDA ITEM 4. Amend Ord. No.8 Sections 3.02 & 7.03 DATE ORIGINATING DEPARTMENT July 11, 1995 APPROVED FOR AGENDA Planning David L. Carlberg BY: Planning Di rector BY:~ REQUEST The City Council at their June 20, 1995 meeting referred this item back to the Commission for further review. The Council was concerned with allowing therapeutic massage as a home occupation. The Council directed the Commission to consider drafting an ordinance to allow therapeutic massage in commercial areas only. The Planning and zoning Commission is asked to discuss the Council's concerns and recommend changes to the attached amendments to Ordinance No.8. / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: SECTION 3.02 DEFINITIONS Retail Trade and Services: Stores and shops selling the personal services or goods over a counter. These include: antiques, art and school supplies, auto accessories, bakeries, barber shop, beauty parlor, bicycles, books and stationary, candy, cameras and photographical supplies, carpets and rugs, catering establishments, china and glassware, Christmas tree sales, clothes pressing, clothing and costume rental, custom dressmaking, department stores and junior department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts, hardware, hats, hobby shops for retail of items to be assembled or used away from the premises, household appliances, hotels and apartment hotels, interior decorating, jewelry, including repair, laboratories, medical and dental research and testing, laundry and dry cleaning pick-up, processing to be done elsewhere, laundromat, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, photography studios, service station, restaurant, when no entertainment or dancing is provided, shoes, sporting goods, tailoring, theater, except open air drive-in, therapeutic massage establishment, tobacco, toys, variety stores, wearing apparel and similar type uses. or Therapeutic Massaae Establishment: An establishment in the bus1ness of provi ing therapeutic massage services to the public. Page Two Amend Ordinance No. 8 P & Z July 11, 1995 NOTE: All other sections of the zoning Ordinance shall remain as written and adopted by the city Council of the City of Andover. Adopted by the City Council of the City of Andover this day of , 1995. ATTEST: Victoria Volk, City Clerk , CITY OF ANDOVER J. E. McKelvey, Mayor Regular Andover City Council Meeting Minutes - June 20, 1995 ?age 15 m AMEND ORDINANCE 8, THERAPEUTIC MASSAGE/CABINET MAKING and ADOPT (f5) ORDINANCE 109/THERAPEUTIC MASSAGE Councilmember Jacobson was opposed to allowing therapeutic massage as a home occupation or to be performed at the homes of residents. He thought the ordinance will create more problems than it solves and didn't see a need for it. If it is needed, it should be in the industrial district. When efforts are being made to clean the City up, he felt this is a time bomb which opens the door to Pandora's Box. Councilmember Knight also disagreed with it as a home occupation, feeling the possibility for unacceptable behavior is greater than the City wants. Councilmember Dehn likened it to the home occupations of a tanning salon, hair dresser, or chiropractor. The number of customers and employees is explicit in the ordinance. She did want to see a requirement for state licensing whenever that becomes a reality. Councilmember Kunza agreed. Mayor Mckelvey had no problem with it as a home occupation. The Council agreed to review the ordinance first. Councilmember Jacobson made the following comments and recommendations for the proposed Ordinance 109 regulating massage businesses: Section 2, Findings: He didn't see a need, as only one person has asked for it. Item c talks about eliminating the risks, which he felt could be eliminated by not allowing the use anywhere in the City. 'Page 4, background checks: should be required. Page 5, Section 7, Item 4: will be hard to prove. Page 6, Item 3, subsection 2: The hours of operation do not mhke sense. Page 6, Item 3, subsection 3: Question the authority of the City Clerk to promulgate rules. That is the responsibility of the Council. :%) The debate continued on the ordinance itself, with Councilmembers Knight and Jacobson expressing opposition, especially in residential areas; and Councilmember Dehn recognizing the use as an occupation which is rapidly gaining professional status. Other cities have allowed the use. At this point it was noted that a 4/5 vote is required to approve the ordinance. Because four Councilmembers were not in favor, it was agreed to send it back to Staff and the Planning Commission to consider drafting an ordinance to allow therapeutic massage in commercial areas only, but not as a home occupation. MOTION by Dehn, Seconded by Kunza, to so move. DISCUSSION: Councilmember Jacobson was also bothered with allowing them to move from site to site. Cara Geist, 13464 Jonquil Street understood the logic behind everything that was said, but felt it is a personal attack against her profession. Therapeutic massage is an alternative medical modality, and it is unfortunate that there is the attitude of it being a front for prostitution, as anything can be a front for prostitution. She performs ,massage therapy now, seeing people of all ages and from all walks of Jlife. She maintains a high standard of integrity in her practice and asked that the use be considered in that same line. By adopting an ordinance, the City has more control over it. She was asking that her profession have the dignity it deserves as having a place in the health care industry. Motion carried unanimously. Regular Andover City Council Meeting Minutes - June 20, 1995 .page 16 (Amend Ordinance 8, Therapeutic Massage/Cabinet Making and Adopt Ordinance 109/Therapeutic Massage, continued) MOTION by Dehn, Seconded by Kunza, to accept the ordinance amendment for Ordinance 8 other than therapeutic massage, that it not be included as a home occupation, but include cabinet making/woodworking as a home occupation. DISCUSSION: Mr. Carlberg explained as amended, no Special Use Permit would be required for the cabinet making/woodworking. The Council preferred that the use be limited to the R-l district and a Special Use Permit be required. Councilmernber Dehn amended motion to allow cabinet making/woodworking as a Special Use only in the R-l district. Second Stands. Motion carried unanimously. 1 Mr. E .ckson explained Pat A'Hern has inquired on the status of l55th Lane NW est of Silverod Street NW in Lakeridge. The right of way and subgrade ists, but it was never paved. Mr. A'Hern is concerned with who is resp sible for having this 300 feet of street paved. ,Pat A'Hern 36 157th Avenue NW - stated that road was put in for iaccess to his pr erty when Lakeridge was developed. He attended the meeting 17 years 0 for that project and agreed with the Class 5 because the road was ot needed and he had no plans to develop. It was his understanding that ney was escrowed for paving in the future. The road was built but aspha t was not put on it. It was maintained for several years, then the ma~ tenance stopped since no one used it. Now he would like to do a lot sp .t and have 155th Lane as the access, and he'd like the promise made at ~ original hearing fulfilled. Mr. Erickson did not believe the 'ty had money in escrow to pave that street. The Council felt if devel ment is desired, there wust be a street constructed to City standards a d maintained. Frank Stone, Public Works, did not recall maintaining that treet in the 17 years he's been in the City. It is grown up with grass, nd the Class 5 is gone. Mr. A'Hern - disagreed, arguing it was main ined when the development went in. There was a street sign there and i was plowed for the first five years. It has not been maintained since t n at the choice of the City. Attorney Hawkins advised this situation i no different than the sketch plan earlier this evening. The City does n have an obligation to construct a street to benefit a developer. \ Mr. Erickson stated he will verify if the escrow released. The Council agreed to table the item to allow the Attar y and Staff , investigate the original plat and the maintenance record and send a , letter of the findings to Mr. A'Herns within a few days. If the records show the road has not been accepted or maintained, the Council's position would be Mr. A'Hern's back parcel could not be built upon until the road is brought up to current standards. If it were to be blacktopped, the costs would have to be assessed. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 1, 1995 AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM f\O. Planning .~ ~-- ~ Ordinance No. 110 An Ordinance Regulating Therapeutic Massage David L. Carlberg Planning Director 8. The City Council is requested to review and approve Ordinance No. 110, An Ordinance Regulating Massage Businesses and Services within the City of Andover. The Council tabled this item at their June 20, 1995 meeting and referred the item back to the Planning arid z.oning Commission for further review. The Planning and zoning Commission reviewed and discussed the concerns of the City Council at their July 11, 1995 meeting. Attached are the minutes from the Planning and zoning Commission meeting for Council review. The Planning and Zoning Commission is forwarding the ordinance to the City Council as presented by Staff, but is not making a recommendation. Attached please find the following: 1. Ordinance No. 110 2. Resolution setting fees. 3. Background information from the Planning & zoning Commission. The Council is asked to approve the attached Ordinance and the resolution setting fees. MOTION BY: SECOND BY: ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 110 AN ORDINANCE REGULATING MASSAGE BUSINESSES AND SERVICES WITHIN THE CITY OF ANDOVER. The City Council of Andover does hereby ordain: SECTION 1, PURPOSE. The purpose of this Ordinance is to prohibit massage businesses and services to the public except those licensed as Therapeutic Massage Establishments and Therapeutic Massage Therapists pursuant to this Ordinance. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health, safety and the general welfare of the people of the city. The purpose of this Ordinance is not intended to impose restrictions or limitations on the freedom of protected speech or expression. SECTION 2. FINDINGS. \ ) It is hereby found that within the City of Andover there is a need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: (a) Persons who have a bona fide and standardized training in therapeutic massage, health and hygiene can provide a legitimate and necessary service to the general public. (b) Health and sanitation regulations governing therapeutic massage establishments and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. (c) License qualifications for and restrictions on therapeutic message establishments and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. (d) Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. (e) Massage businesses which employ persons with no specialized and standardized training can tax city law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. / SECTION 3. DEFINITIONS. The following words and terms when used in this Ordinance \ shall have the following meanings unless the context clearly indicates otherwise: Clean - The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. Good Repair - Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good sound condition. Massage Therapist - A person who practices or performs therapeutic massage on a person for compensation and meets the licensing requirements set forth in this Ordinance. Off-site Massage Services - means massage services conducted away from a licensed massage establishment. Such off-site massage service locations shall include ONLY business establishments and not property zoned for residential use. Person - Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals. \ ) Therapeutic Massage - The practice of applying pressure on, or friction against, or the rubbing, stroking, kneading, tapping, or rolling of the external parts of the human body with the hands or with the aid of a mechanical or electrical apparatus appliance, or device with or without such supplementary aids as rubbing (isopropyl) alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparation, for the exclusive purpose of tension, stress, and pain relief, relaxation, increased range of motion, muscle tone improvement, physical fitness, or beautification and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse, or physical therapist, or an assistant who works solely under the direction of any of the above-described professionals, or beautician and barber who confine their treatments to the scalp, face, and neck. Therapeutic Massage Establishment - An establishment in the business of providing therapeutic massage services to the public. SECTION 4. LICENSING REQUIREMENTS. a. Thera eutic Massa e Establishment License. It shall be unlawfu or any person to lrect y or ln lrectly, upon any pretense or by any device, engage in the business of keeping, conducting, or operating any massage establishment within the City of Andover, which is open to the public or for which any charge or fee is made or any money or thing of value is solicited or received except a therapeutic massage establishment as defined in Section 3 and then only after first obtaining a duly issued license therefor from the City. A person who operates an establishment described in this Ordinance without a valid license \ issued by the City shall be guilty of a misdemeanor offense. Page 2 '. b. Thera eutic Massa e Thera ist License. It shall be unlawful for any ln lvi ua to practlce, a m1nister, or provide massage services to the public for consideration within the City of Andover without first having obtained a therapeutic massage therapist license. A person who practices, administers, or provides massage services as described in this Ordinance without a valid license issued by the City shall be guilty of a misdemeanor offense. SECTION 5. EXCEPTIONS TO LICENSE REQUIREMENT. A therapeutic massage establishment or therapist license is not required for the following persons and places: 1. A health care facility licensed by the state of Minnesota. 2. A health care facility owned in whole or in part by the State of Minnesota or any of its agencies. 3. A medical clinic or hospital, so long as the massage is performed by a state licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist, or an assistant working under the direction of any of the above-described professionals. 4. A physical therapy clinic or athletic facility, so long as the massage is performed by a state licensed physical therapist, athletic director, coach, or trainer. / 5. A beauty parlor or barbershop, so long as the massage is performed by a state licensed beautician or barber, and treatment is limited to the scalp, face and neck. SECTION 6. LICENSE APPLICATION. An shall 1. Initial License Application. All initial applications shall be accompanied by a non-returnable investigation fee in the amount set forth by Council resolution. Each application shall contain: a. The names, addresses, and dates of birth of the owners, lesees, operators, massage therapists of the proposed therapeutic massage establishment; b. A legal description and location of the premises; c. Information as to the conviction of any crime or offense committed by anyone listed on the application; d. All applications by corporations shall include the names, addresses, and dates of birth of all persons having a beneficial interest therein; , e. A description of services to be provided; f. Such other information as the City Council may require. Page 3 J Prior to consideration of the application by the city Council, an investigation shall be made by the Code Enforcement Officer and the Building Official to determine compliance with this Ordinance of all premises proposed to be licensed and by the Anoka County Sheriff's Department of all persons listed on the license application. 2. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by Council Resolution. For a renewal, the applicant must provide full information as required for the initial licenses for any new owners, lesees, operators or massage therapists proposed to be involved in the massage business, and also provide any changes in the name, address, criminal record, or other relevant information of any other owner, lesee, operator or massage therapist. The Code Enforcement Officer, Building Official and/or Anoka County Sheriffs Department may conduct an investigation prior to any renewal. \ j 3. Insurance. Each applicant for a license shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation or maintenance of the Therapeutic Massage Establishment. The policy of insurance shall be in limits of not less than $500,000. Failure to keep in full force and effect the insurance required herein is grounds for revocation. b. Thera eutic Massa e Thera ist License A lication. An appllcatlon or a therapeutic massage therapist icense shall be made on a form supplied by the City. All applicants shall be at least eighteen (18) years of age. 1. Initial License Application. All initial applications shall be accompanied by a non-returnable investigation fee in the amount set forth by Council resolution. Each application shall contain: a. The name, age and address of the applicant; b. The length of experience in this occupation and the past places of employment and position held; c. A description of any crime or other offense, including the time, place, date and disposition, for which the applicant has been arrested and convicted; and d. A statement as to whether the individual has had any license denied, revoked or suspended in the City of Andover or the State of Minnesota, the reason therefore and the business activity or occupation of the individual subsequent to such suspension, revocation or denial. A background check from the Bureau of Criminal Apprehension shall be required prior to issuance of the of a license. Page 4 The license application shall thereafter be reviewed by the City Clerk, Anoka County Sheriff's Department, and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the City Clerk who will submit all of the reports and recommendations to the City Council. The Council shall either grant or deny the license. 2. Educational Requirements. Each applicant for a therapeutic massage therapist license shall furnish with the application proof of the following: a. Verification that the applicant has passed the National Certification Examination in Therapeutic Massage and Bodywork within four years prior to the date of the application. 3. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by Council Resolution. The Code Enforcement Officer, Building Official and/or Anoka County Sheriffs Department may conduct an investigation prior to any renewal. SECTION 7. ADVERSE ACTION; GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION. 1. It shall be grounds for denial of the application or for revocation or suspension of the license if the applicant or licensee is not complying with or has a history of violations of the laws and ordinances that apply to the public health, safety, and morals. 2. It shall be grounds for the denial, revocation or suspension of the license if convicted of any violation, reasonably related to the licensed activity and/or occurring on the licensed premise, of any city ordinance or federal or state statute. 3. It shall be grounds for the denial, revocation or suspension of the license if there is fraud or deception involved in the license application. 4. It shall be grounds for the denial, revocation or suspension of the license if the licensee is found to be in control or possession of any alcoholic beverages or narcotic drugs and controlled substances on the premises for which they are licensed to operate, possession which is illegal as defined in Minnesota Statutes or Andover City Ordinances. 5. It shall be grounds for the denial, revocation or suspension of the license if the licensee has evidenced in the past willful disregard for health codes and regulations. 6. It shall be grounds for the denial, revocation or suspension of the license if the applicant fails to provide all the , information and certificates required by this Ordinance. Page 5 , 7. It shall be grounds for the denial, revocation or suspension of the license if the licensee shall refuse to permit any authorized police officers or authorized members of the city to inspect the premises or operation. 8. It shall be grounds for the denial, revocation or suspension of the license if the licensee is found to be violating provisions of this Ordinance. SECTION 8. SANITATION; APPOINTMENT CALENDAR; RULES AND REGULATIONS. 1. Sanitation. All licensed massage therapists conducting off- site massage services as permitted by the Zoning Ordinance shall establish and maintain a supply storage facility containing any and all materials used in conducting off-site massage services. The Code Enforcement Officer, Building Official, and/or other City representatives shall have the right to enter and inspect the storage facility at all reasonable times. Rules as to required sanitation and storage shall be adopted in accordance with this Section. , 2. Appointment Calendar. All licensed massage therapists shall keep a record of all off-site massage services performed. The record shall be legible, written in ink and in the English language. It shall include the name of the massage therapist, the name of the person(s) receiving massage services, the address where the massage service was performed and the date and time of such service. The record shall be maintained for a period of two (2) years from the date the massage service was performed. Such record shall be open for inspection by the City Administrator or his/her authorized representative at all reasonable times. 3. Rules, Regulations and Restrictions. All massage therapist licensees shall: 1. Display current licenses in a prominent place at the place of employment. 2. Not allow the licensed premises to be open for business or allow patrons to be on the premises between the hours of 10:00 p.m. and 7:00 a.m. 3. Require that a person who is receiving a massage shall have their genital areas covered with an appropriate opaque covering. In addition to the above rules, regulations and restrictions, the City Council may upon notice and hearing promulgate such rules as he or she deems necessary to carry out the provisions and purposes of this Ordinance to protect the public health, to provide for safe and sanitary operation of licensed therapeutic massage establishments, to provide for the safety of therapeutic massage and related massage equipment and for the proper training of persons employed in the operation of such massage establishments. Notice of the promulgation of such rules and the hearing date shall be given to all licensees, and notice of the hearing date published once in the legal newspaper. The notice shall advise that at the hearing written or oral comments on proposed rules will be received, and how a copy of the proposed rules can be obtained. Such rules shall be effective after such hearing when Page 6 filed in the office of the City Clerk. Violation of such rules shall be sufficient grounds for adverse action against licenses issued under this Ordinance. SECTION 9. MANAGER OR AGENT. Before a license is issued under this Ordinance the applicant shall designate in writing a natural person who is to be manager and in responsible charge of the business and upon whom services of process may be made. Such person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the City and Anoka County Sheriffs Department in writing of any change indicating the name, address and date of birth of the new manager and the effective date of such change. SECTION 10. SUBMISSION OF PLANS AND SPECIFICATIONS. All persons who hereafter construct, extensively remodel, or convert buildings or facilities for use as therapeutic massage establishments which are open to the public, shall comply with the requirements of the State Building Code and all amended codes. To the extent the Building Code or Fire Code do not impose more restrictive requirements, the provisions of this Ordinance shall govern. SECTION 11. CONSTRUCTION AND MAINTENANCE REQUIREMENTS. 1. Floors, walls, and equipment in massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception area used in conjunction therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be available for each customer. 2. If massage is performed in individual rooms, the doors to the individual massage rooms shall not be equipped with locking devices and shall not be blocked or obstructed from either side. SECTION 12. VIOLATIONS AND PENALTIES. Every person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of any act constituting a violation of this Ordinance, whether individually or in connection with one or more persons or as principal or agent or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly, or willfully, induces causes, coerces, requires, permits, or directs another to violate any of the provisions of this Ordinance is likewise guilty of a misdemeanor. Each violation of this Ordinance shall constitute a separate offense. Conviction of a violation of this Ordinance shall be grounds for suspension or revocation of any license issued hereunder. Page 7 - J SECTION 13, SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 14, VALIDITY AND EFFECTIVE DATE. This Ordinance shall be effective from and after its passage and publication according to law. Adopted this 1st day of August the City of Andover. , 1995, by the City Council of CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk , Page 8 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -95 A RESOLUTION ESTABLISHING FEES FOR THE LICENSING OF THERAPEUTIC MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS. The City Council of the City of Andover hereby ordains: The following therapeutic massage licensing fees are hereby established: Therapeutic Massage Establishment Single Application Fee - $200.00 Corporate Application Fee - $300.00 partnership Application Fee - $300.00 Renewal Fee for all the above - $150.00 Note: The above fees include the investigation fee. Massage Therapist Annual License Fee - $150.00 Note: The investigation fee is included. Adopted by the City Council of the City of Andover on this 1st day of August, 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST Victoria Volk, City Clerk ( Regular Planning and Zoning Commission Meeting Minutes - July 11, 1995 . Page 5 ~ (Discuss Ordinance 109, Therapeutic Massage, Continued) / therapeutic massage is good or bad -- a question of fear' and personal opinion of what mayor may not happen. Acting Chairperson Peek stated this has been to the Council twice, and each tim~he Commission has suggested that it is appropriate as a home based~rvice and as an out- source to offer the service in the user's indi .dual home. However, he agreed with Commissioner Apel, that it s moot to pursue that recommendation regardless of the reason. e issue is the attitude of the Council that therapeutic massage ma e allowed somewhere, such as presented by Staff. Perhaps this is starting point. He recommended the item be forwarded to the Council ~thout recommendation for approval or denial, since the Commission's osition has been made clear. (, Commissioner Putnam stated it . little disheartening that the Council can't see enough to allow e out-reach program for therapists to go into the homes of those w 0 can't come to the office. Possibly that will happen in time, t ugh he would like to see that allowed now. Commissioner Jovanovic stated unless a person is personally touched by someone who needs th apy and the convenience it is to have that service provided in the h e, it is difficult to understand the need. Her grandson is disa ed and someone does come to the home for therapy and massage. Sh would not have supported this before personally " experiencing at a blessing it has been to her family to have someone I come to th orne. Putnam, Seconded by Luedtke, to send it to the City Council as by Staff. Motion carried on a 5-Yes, 2-Absent (Doucette, Sq ores) vote. This will be on the August 1, 1995, City Council agenda. .26 p.m. 110 DISCUSSION - ORDINANCE 1:9fit, AN ORDINANCE REGULATING THERAPEUTIC MASSAGE IN COMMERCIAL DISTRICTS Mr. Carlberg noted the reference to therapeutic massage establishments and practice within residential districts has been eliminated from the proposed ordinance. MOTION by Putnam, Seconded by Jovanovich, to send to the City Council the ordinance regulating therapeutic massage, Ordinance NQ. 109 as prepared by Staff for their review. Motion carried on a 5-Yes, 2-Absent (Doucette, Squires) vote. This will be on the August 1, 1995, City Council agenda. 7:26 p.m. Acting Chairperson Peek adjourned the meeting at 7:55 p.m. Respectfully submitted, ~ ~~~ Secretary CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION July 11, 1995 DATE ORIGINATING DEPARTMENT Planning David L. Carlberg BY: Planning Director AGENDA ITEM 5. Discussion Ordinance Regulating Therapeutic Massage APPROVED FOR AGENDA oJ:> ~ BY: The City Council, at their June 20, 1995 meeting, referred the ordinance back to the Planning and zoning Commission and directed the Commission to revise the proposed ordinance, Ordinance No. 109, An Ordinance Regulating Therapeutic Massage. The Council did not agree with allowing therapeutic massage as a home occupation. Attached for Commission review are the minutes from the city Council meeting. Also attached for Commission review is the revised Ordinance No. 109 with references to therapeutic massage in residential districts removed from the Ordinance. 1,~5595,060 CITY OF PLYMOUTH Page 2/5 Job 736 Jun-23 Fri 08:15 1995 Plymouth City Code 1135.01 Section 111'; - Massaee TheraDv 1135.01. Definitions. Subdivision 1. The term .Certificate" for pUJpose of this Section. means a certificate issued by the City authorizing the holder thereof to practice massage in the . City. 113~ .03. Exempt Pe~ons. The p~ctice of mas~ce therapy is hereby declared to be distinct from the practice of medicine. surgery. osteopathy. chiropractic. physical therapy, or podiatry. Pcoons duly licensed in this state to practice medicine. surgery. osteopathy, chiropractic, physical therapy or podiatry. nurses or persons perfonning thcral;lC\ltiC massages who work solely under the direction of such persons, athletic directors and tra1ners, certified by an ac:crc:diting agency and who are employed by an accredited and licensed educational institution shall be exempt from the provisions of thIs Section. (Ord. 95-21,04/04/95) 1135.05. mega) to Practice Without Cenificate. It shall be a misdemeanor fOT a person to engage In, or hold himself or herself out as being engaged in, the practice of Massage Therapy in this City without fU'St having obtained a Cenificate as provided in this Section. unless said pe~n is exempt under Section 1135.03. (Ord. 95-21.04/04/95) 1135.06. Tytles of Ccnlflcates. The City of Plymouth h~sue~ certificates to an individual for mas~ge therapy. The requirements for this certification are specified in Section 1135.07. (Ord. 95-21.04/04/95) 1135.07. Apolication for Certificate. Subdivision 1. Contents. Application fOTa Certificate shall be made on furms provided by the City Manager. The application shall contain the following infonnation together with any other information which the M3.nager may require: (a) The name, age, home address of thc applicant, and the address of where the applicant will practice massage therapy. (b) Evidence of applicant's practical qualifications to practice massage therapy, including length of experience in massage therapy and past place of employment, dates of employment, and positions held. (c) The names and addresses of two persons. reddent! of Hennepin County. who may be referred to as to the applicant's character. (ll) Whether the applicant has ever been convicted of a crime or offense other than a traffic offense and if so, infonnation as to the time, place, and nature of such crime or offense. (e) Evidence of the applicant's educational qualifications, including originals or cenified copies of degrees, diplomas or curriculum from a bona fide school of massage therapy, for massage therapy certification. The address and phone number of the bona fide school of massage therapy are required. \ '\ '\ " 1,25505.060 . \ \ CITY OF PLYMOUTH Page 3/5 Job 736 Jun-23 Fri 08:15 1995 Plymouth City Code 1135.07, Subd..l \ Massal!e Theraov Certificates. Applicants shall be required to provide proof (1) they grnduated with a minimum of 500 hours training from a bona fide massage therapy school or (2) show proof that lhe applicant has successfully passed the National Certification Examination for TherApeutic Ma!;!lage and Bodywork and can prove by affidavit they have practiced massage ther.t.py for the past one year and have not had any criminal convictions as a result of pr.t.cticing massage therapy. A temporary two year cenificate shall be gnntcd, in order to zillow time to complete educational requirements white practicing, to those persons who: (i) make application within ninety days of the date of the adoption of the ordinance adopting this Subdivision; (ii) has a minimum of 150 bOUTS of training from an accredited massage the13py school; (iii) can prove by affidavit they have practiced massage for the past one year and have not had any criminal convictions as a result of practicing Massage; and otherwise meet the requirements listed in Sections (a), (b). (c), and (d) of this Subdivision. This temporary certificate is not renewable. (Ord. 95-21,04/04/95) (f) Within ninety days of the adoption of the ordinance adopting this Subdivision. applicants also m:l.Y receive a massage therapy certificate by satisfying either of the following requirements: (i) show proof that the applicant has practiced massage therapy for a minimum of one year, II1d can prove by affidavit they have not had criminal convictions as a result of practicing massage tberapy, and otherwise meeting the requirements listed in Sections (a), (b), (c), and (d) of this Subdivision; (ii) show proof that the applicant has successfully passed the National Certification Examination fOT Thernpeutic Massage and Bodywork within the last four years, and otherwise meeting the requirements lilited in Sections (a), (b), (e), and (d) of this Subdivision. (Ord. 95-21, 04/04/95) Subd.2. Review bv Other Departments. At City Manager's or City Manager's designee's discretion, the application may be referred to the Public Safety Department for revIew and recommendation on granting ?r denying the Cenificate. (Ord. 9~-21, 04I0.f~~) Subd. 3. Invest.i~ation Fee. Each application shall be accompanied by payment of a non-refundable investigation fee set forth in Chapter X. (Ord. 95.21, 04/04/95) 1135.09. Certificate Fee and Certificate Year Renewal. The annual Certificate fee shall he as set forth in Chapter X. A Certificate, unless revoked, i!; for the calendar year. or part thereof for which it has been issued. A renewal application shall be provided by the City. (Ord.95-21, 04104/95) 1135.11. Grantinr or Denial of Certificate. Certificate applications shall be reviewed by the Public Safety Department and such other departments as the City Manager shall deem necessary. Thereafter Certificates shall be issued or denied by the City Manager or City Manger's designee subject to the provisions of this Section. The applicant may appeal a denial by the City Manager or City Manager'~ designee to the City Council in accordance with Section 1135.17. (O,.J. 95-21, 04/04195) 1135.13. Conditions Govemif1~ Issuancc. Certificates may be issued only to persons of good repute. Certificates may be issued only to persons free nf convictions of prostitution or offenses which involve moral turpitude or which rela.te directly to the persons ability, capacity, or titne!;~ to penonll the duties and discharge the responsibility of the occupation. . \ (n) (b) " (c) Certificates shall not be issued to a person who, within one year prior to the dale of applicalion, has been denied certification or who has had a certiticate revoked. 6~25505060 CITY OF PLYMOUTH Page 4/5 Job 736 Jun-23 Fri 08:16 1995 Plymouth City Code 1135.13 (d) \ (d) Certificates may be issued only to pefSon~ who have answered fully all of the infomlation reque~tcd in the application and have paid the full investigation and certification fees. (Ord. 95-21, 0410419J) (e) Cenificates may be: issued only to penons 18 years of age 01' older. (0 Certificates may be issued only to persons witb sufficient v.factical experience or training to perfonn the duties and discharge the responsibIlities of the occupation. (g) Certificates may be issued only to penons (ree o( communicable disease and in good health. (h) Certificates may be issued only to persons who have professional Jlability insurance, with policy limiu as rcquin:d by the City. (or a tenn no shorter than the Certificate period. (Ord. 95-21,04104/95) 1135.1 S. Restrictions and Regulations. Subdivision 1. Display of Certificatcs. Any certified Massage 1l1crapist shall have the Cenificate or a true copy thereof displayed in a prominent place at the place massage therapy is practiced. (Ord. 95-21, 04/04/95) Subd. 2. Identification. Upon demand by any police officer, a certified Massage Therapist practicing massage therapy shall give proper identification including true legal name and correct address. (Onl. Y.1.21. 04/0419') Subd. 3. Chanl!e of Address. A certified Massage Therapist shall inform the City Manager of any change in residence address, or a change in the address of where massage therclpy is practiced, 30 days prior to sucll change. (Ord. 9'-21,0410419.1) Sub<!. 4. HO\Jr~. No certified Massage Therapist shall pcrfonn such service betwccn the hours of 1:00 o'clock a.m. and 6:00 o'clock a.m. on the same day. (Oro.95-21, 04104/9.~) Subd. 5. Photographic Identification. Every c~nified Massag~ Therapist shall appear personally at tbe Police Department to receive delivery of the Certificate, and upon sllch appearance shall be photographed for identification purposes. One copy of the photograph shall be pennanently affixed to the Certificate and a second copy shall he kept in the files of the Police Department. (Ord. 9:5-Zl, 04/04/95) Sub(l. 6. Location of Practice. Massage may be practiced only by a. eertified Massage Therapist only at Massage Therapy Centers licensed pursuant to Scction 615 of this code, or at the place of residence of the MaSSilj;C Therapi:;t. (Ord. 95-Z1, 04104/~5) Subd.7. Massaee TherallY Pumose. Massage therapy may be practiced only for the purposes of physical fitness, relaxation, therapeutic or other purpose set forth in Section 105.091, Subd. 37. The practice of massage therapy for any other purpose is prohibited. (Ord. 9-'-21, 04/04/95) 1135.17. Revocation and Susoension of Certificate. Subdivision I. Grounds. A Certificate may be revoked or suspended or not renewed by tbe City Manager for any of the following: (a) Fraud, deception (lr misrepresentation in connection with the securing of certification. , 6~2559.'i060 CITY OF PLYMOUTH Page 5/5 Job 736 Jun-23 Fri 08:16 1995 Plymouth City Code 1135.17, Subd. I " ) (h) Habinlal drunkenness or intemperdnce in the use of dnsgs including hut not limited to the use of drugs defined in either 26 USC Sec. 4731 or Minnesota Statutes, Chapter 152, as amended, bamiturates, hallucinogenic drugs, amphetamines, BClU.cdrine, Dexedrine, or other ~edatiycs, depressants, stimulan15 or trnnquilizcrs. (c) Conduct inimical to the interests of tht: public health, safety, welfare or monts. (d) Engaging in conduct involving or demonstrating moral turpitude, including, but nOt limited to. prostitution. (OrJ. 95-21. 0410(195) (e) Failure to comply with the requirements of this Section. (Onl. 95-21, 04/04195) Subd. 2. Appeal. The Ccrtincatc holder may appeal a denial, suspension, revocation or non-renewal to the City Council. The City Council shall consider the appeal at the next regularly or specially scheduled City Council meeting 10 days after service of the notice of appeal upon the City Clerk by the Certificate holder. Hearing on the appeal shall be open to the public and the: Certificate holder shall have the right to appear and he represented by legal counsel and to offer evidence in behalf of certification. At the conclusion of the hearing, or as soon thereafter as practicable, the City Council may order: (a) That the denial, revocation, slIspension or non-renewal by the City Manager be affirmed. (Ord. 95-21.04/04/95) (b) That the denial, revocation, suspension or non-renewal by the City Manager be lifted and that the Certificate be issued or returned to the Certificate holder. (Ord. 9'-2J. 04/04/95) (e) The City Council may base its order regarding the Certificate upon any additional terms, conditions and stipulations which it may, in its discretion, impose: " 1135.19. Ccrtificate Required for Employment. No employer shill employ a person to practice Massage Therapy unless that person has been granted a Certificate pursuant to this Section; and every such employer shall require that the Certificate be prominently displayed on the business premises. (Ord. 9S-21, 04104/95) 1135.21. Offenses. Any person who commits or attempU to commit, conspires to commit, or aids or abet'; in the commission of, any act constituting a violation of this Section, whether individually or in connection with one or more other per30ns or as principal, agent, or accc.~sory, is guilty of a misdemeanor. Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this Section is guilty of a misdemeanor. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 1, 1995 AGENDA t-.O. ORIGINATING DEPARTMENT SECTION Discussion Item scott.Eric~s~n, t Englneenng C9 ITEM t-.O. Receive Petition;Woodland Terrace Traffic Issue ~. APPROVED FOR AGENDA ~();0 -The City Council is requested to table this ite~ at this time. The Woodland Terrace residents are continuing to work on their petition and will present it at a later date. \ ) , ) MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION August 1, 1995 DATE AGENDA SECTION NO HRA Meeting ITEM f\O Discuss Anoka Co. HRA Special Benefit Tax Rehab & Senior Housing 5. REQUEST The Andover Housing and Redevelopment Authority is requested to discuss and decide whether the City of Andover will allow the Anoka County HRA to levy a special benefit tax for senior housing development and housing rehabilitation. The Anoka County HRA has the option to exercise its statutory authority to levy a special benefit tax. However, the Anoka County HRA will not exercise any levy authority in a municipality which has an existing HRA, unless the HRA approves. The Anoka County HRA expects to collect approximately $89,005 from the special benefit tax from Andover. The effect of the tax on a house with a value of $72,000 is $6.42. The Anoka County HRA intends to use the proposed levy for the development of senior citizen housing and the rehabilitation of single family and rental housing in the county. Attached for HRA review is a letter from Paul McCaron, Chairman, Anoka County HRA and a resolution for HRA consideration. , MOTION BY: SECOND BY: " ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY Paul McCarron. Chairman Dennis D. Berg Dan Erhart Jim A. Kordiak Dave McCauley. Vice Chair Margaret Langfeld Dick Lang July 19, 1995 RECEIVED JUL 241995 CITY OF ANDOVER The Honorable Jack McKelvey Mayor, City of Andover 15327 Nightingale Street NW. Andover, MN 55304 Dear Mayor McKelvey: The Anoka County HRA has been working with elected officials and technical staff from your communities to develop a program which will address housing needs identified in the enclosed draft Anoka County Housing Study. Over the last nine months, our joint efforts have shown us that there is a need to do more to improve the quality of housing in Anoka County. The Anoka County HRA believes that increased County investment in housing will enable our communities to maintain the value of their property, will slow the progress of urban blight and will I make the county a better and safer place to live. Anoka County recognizes that many municipalities and local HRAs and EDAs have undertaken efforts to address local housing needs. The Anoka County HRA believes, however, that it is now time for us to work together to leverage our resources in order to enhance our abilities to make the necessary investment in our future. The Anoka County HRA draft Housing Study identified two priority housing needs in the county. These priority areas are senior housing development and housing rehabilitation, which includes both single-family and rental housing. Approximately 14% of the housing units in the county (13,307 out of 97,006 units) are substandard. Although the county and the municipalities have used CDBG and other funding over the years to rehabilitate our housing stock, the enormity of this problem greatly outweighs our current ability to address the issue. Further, over the next 10 years, the number of persons 65 years and older living in Anoka County will increase by 55%, and already there are waiting lists for senior housing in the County. It is clear that the rapid rate of growth will outstrip the ability of current projects to provide adequate housing for our elderly population. The benefit that the Anoka County HRA can offer is the ability to levy a special benefit tax that can then be leveraged to bring up to four times the amount of the revenue received through the levy. Thus, the Anoka County HRA is considering exercising its statutory authority for a special benefit levy. It is the policy of the Anoka County HRA, however, that it will not exercise any levy authority in any municipality which has an existing HRA or EDA with HRA authority, unless both the municipality and the HRNEDA approve. Telephone: (612) 323.5680; Fax: 323-5682; TDDfTTY: 323-5289 Government Center, Administration Office, 2100 3rd Avenue, Anoka, MN 55303.2489 ., July 19, 1995 Page 2 At its meeting of July 18, 1995, the Anoka County HRA approved a motion requesting that municipalities with an HRAlEDA consider consenting to the special benefit levy for 1996. If the Anoka County HRA determines that it will exercise its levy authority, it must certify the levy to the County Auditor by September 15. Thus, we request you seriously consider and respond to this request no later than Friday, August 18, 1995. At the August 22, 1995, meeting of the Anoka County HRA, the Board will determine whether or not it will exercise its levy authority and will adopt a proposed budget based on the level of participation. We anticipate that the amount of County HRA tax collected in your community would be approximately $89,005. It is our intention to use the proposed levy for the development of senior citizen housing and the rehabilitation of single-family and rental housing in the county. It is further our intention to establish committees of the participating communities to work with the County HRA on the implementation of these programs. We recognize the importance of ensuring that contributing municipalities benefit from the levy. In 1996, it is our intention to ensure that all of the revenue collected in a municipality be spent to benefit that municipality. In order for the Anoka County HRA to exercise its levy authority in your community, we must have a resolution stating your consent. A draft resolution is attached for your convenience. If you have any questions, or would like any additional information, please contact Tim Yantos at 323-5692. Approved resolutions should be sent to Mr. Yantos' attention no later than Friday, August 18, 1995. ) Thank you for your careful consideration of our request. Sincerely, t?cud 171{.~ Paul McCarron Chairman Ibje Enclosures cc: City HRNEDA Board Members City HRAlEDA Directors City Councilmembers City Administrators/Managers/Clerks Anoka County HRA Intergovernmental Advisory Committee Anoka County HRA Technical Advisory Committee Anoka County HRA Board PROPOSED RESOLUTION # ANOKA COUNTY HRA SPECIAL BENEFIT LEVY WHEREAS, the City of Andover has an established HRA/EDA; and (municipality) WHEREAS. the Anoka County HRA has adopted a policy that, prior to adopting an annual special benefits levy, that such municipality and its HRA/EDA must affirmatively resolve their approval for Anoka County HRA exercising its taxing powers within their jurisdiction; and WHEREAS, the Andover HRA has determined that housing needs in the (municipality/HRNEDA) municipality would benefit by being included in the area of operation of the Anoka County HRA during 1996 for the purpose of the special benefit levy: NOW, THEREFORE, BE IT RESOLVED that the Andover HRA consents to the (municipality/HRNEDA) Anoka County HRA exercising its authority to levy a special benefit tax in the amount of up to .0131 percent of all taxable property within the jurisdiction of the City of Andover Certification of Andover HRA to allow Anoka County HRA to include (municipality/HRNEDA) Andover within its area of operation for the purpose of the 1996 special benefit levy. resolution on 8/1/95 (date) , certify that the Andover HRA has adopted the following (muncipality/HRA/EDA) Signed: Mayor/Chairman ] / STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly quali!ied and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY chat I have compared the attached and ~oregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to che City's $6,055,000 General Obligation Tax Increment Bonds, Series 1995D. WITNESS my hand this 1st day of August, 1995. j Clerk Z96649. 1 3 S d LLE9EBOGSE .01\!IO; II IS/EO: II S6 ,Le, .LO lfili1) NYDBOW ~ SDD:Ba WOBd CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 4, 1995 DATE ~END~DA M~~~PRcr ORIGINATING DEPARTMENT Flnance APPROVED FOR AGENDA ITEM I\Q Order Public Hearing/Set Sale TIF Bond cfii) Jean D. McGann Finance Director BYiQ;L (0, REQUEST The Andover City Council is requested to order a Public Hearing and to adopt the attached resolutions setting the sale date for the proposed TIF Bond issuance. BACKGROUND The EDA indicated they would be interested in issuing the TIF Bond at the meeting on June 6, 1995 The bonds will be repaid with TIF funds through the year 2012. Springsted, Inc. has prepared a Recommendation for this issue for your approval. , , J MOTION BY: SECOND BY: , J EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD, August 1, ~995 Pursuant to due call ~nd notice thereof, a regular maeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on the 1st day of August, 1995, at o'clock _.M. for the purpose in part Of authorizing the competitive negotiated sale ot the $6.055.000 General Obligation Tax rnc~ernent Bonds. Series 2995D of said City. The following members were present: and the following were absent: \ Member introduced the following resolution and moved its adoption: / RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $6,055,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SBRIES 2995D A. WHEREAS, the City Council of the City of Andover. Minnesot~, has heretofore determined that it is necessary and expedient to issue its $6,055,000 General Obligation Tax Increment Bonds, Series 1995D (the DBondal1) to finance capital and administration costs associated with various improvement projects within a municipal development district of the City; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ('f Springsted "), as its independent financial advisor and is therefore authorizea to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes. Section 475.60, Subdivision 2(9); and NOW, THBRBPORB, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: \ / Z96649.1 E d LLE9EBDSSE .OrJIO; II "J.S/GD; II S5 ,LG .LD (001) NY~BOW ~ S~~:Ba nOB~ '\ 1. Authorization: ~indings. The City Coun~il hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. 2. Meetino. Bid Qgenino. This City Council shall meet at the time and place specified in the Terms of ProDosal attached hereto as Exhibit A for the purpose of considering sealed bids for, and ~warding tne sale of, the Bonds. The ClerK or her designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Te~ of proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set fo~th in the "Terms of Proposal" attached hereto as Exhibit 1l. and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the Clerk and other officers or employees of the City are hereby authorized to cooperate with Springsced and participate in the preparation of an official statement tor the Bonds, and to execute and deliver it on behalf of the City upon its completion. \ J The motion for the adoption of was duly seconded by member discussion thereof and upon a vote following voted in favor thereof, the foregoing resolution and, after full being taken thereon, the and the following voted again6t the same, Whereupon said resolution was declared dUly passed and adopted. , \, Z9Wt9.1 2 7 d LLE9880SS€ WJIO: II 'LS/GO: II S6 ,LG "LO (001) NY~BOW ~ S~~:B8 NOBd FROM BRIGGS MORG~N SP (THU)07.27. '95 12'43 NO.11 P~GE 2 '') J EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF J\.NDOVER, MINNESOTA HEW: August 1, 1995 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall on Tuesday, the 1st day of August, 1995 at o'clock _.m. for the purpose of calling a public hearing on ths City's development di~trict. The following Councilmembers were present: and the following were abs@nt: Councilmember introduced the following resolution and moved its adoption: RESOLUTION CALLING PUBLIC HEARING ON THE PROPOSED ADOPTION OF A MODIFICATION OF THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO, 1, AND THE PROPOSED ADOPTION OF A MODIFICATION OF THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT PINANCING DISTRICTS NOS, 1-1 and 1-2 BE IT RESOLVED by the City Council (the "Council I. ) of the City Of Andover, Minnesota (the "City"), as follows: 1. Public Hsaring. This Council shall meet on Tuesday, September 5, 1995, at approximately o'clock _,m., to hold a public hearing on the following matters: (a) the proposed adopc10n of a Modification or the Development Program for Development District NO.1, and (b) the proposed adoption of a Modification of the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1 and 1-2, all pursuant to and in accordance with Minnesota statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, sections 469.174 through 469.179, both inclusive, as amended (COllectively, the "Act"). 2. Nocice ot Hearina; Filinq ot program Modification and Plan Modification, The City Clerk is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act and to place a copy of the proposed Modification of the Development Program and MOdification of the Tax Increment Financing Plans on J 296613.1 FROM BRIGGS MORG~N SP (THU)07.27.'95 12'44 NO.II PAGE 3 \ file in the Clerk's Office at City Hall and to make such copies available tor inspection by the public. duly vote The motion for the adoption of the seconded by Councilmember being taken thereon, the follow1ng voted foregoing resolution was and upon in favor and the following voted against the same: Whereupon said resolution was d~cl~red duly passed and adOPted. \ \ , J 29681J.l 2 FROM BRIGGS MORGRN SP <THU)07.27. '95 12'44 NO.ll PRGE 4 STATE OF MINNESOTA '. SSe I COUNTY OF ANOKA. I, the undersigned, being the auly qualifiea and acting Clerk of the City of Andover, Minnesota, DO HBREBY CBRTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Andover, Minnesota duly called and, held, as such minutes relate to the calling of a public hearing on the City's development district. Clerk J , I Z9~13.1 3 FROM BRIGGS MORGRN SP (THU)07.27. '95 12:45 NO.11 PAGE 5 EXHIBIT A exn OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS gEREBY GIVEN that the City Coun~il (the "Counciln) ot the City of Andover, County of Anoka, State of Minnesota, will hold a public hearing on Tuesday, September 5, ~995 at _.m., at the Andover City Hall, 1685 Crosstown Boulevard Northweae, in the City of Andover, Minne~ota, relating to the adoption of a Modification of the Development Program for Development District No.1, and the adoption Of a MOdification of the Tax Increment Financing Plans for Tax Increment Financing Districts NOS. 1-1 and 1-2, within Development District No.1, pursuant to Minnesota Statutes, Section 469.174 through 469.179, inclusive, as amended. Copies of the Modification of the J Development Program and Modification of the Tax Increment Financing Plans as proposed to be adopted will be on file and available for public inspeceion at the office of the City Clerk at City Hall. A map of Development District No, 1, and Tax Increment Financing Districts Nos. 1-1 and 1-2 is set forth below: [INSERT MAP of Development District NO.1, and Tax Increment Financing Districts Nos. 1-1 and 1-2] All interested persons may appear at the hearing and present their view orally or in writing, 2<)6813.1 , / FROM BRIGGS MORG~N SP , / 296813.1 " Dated: August 1, 1995. (THU)07.27. '95 12:45 NO.l1 P~GE 6 BY ORDER OF THE: CIT'{ COUNCIL /s/ Victoria Volk Clerk CITY OF ANDOVER DATE lI."t~r1fl~ 1. 199~ AGENDA f\O.--- SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA EDA Meeting ITEM f\O Receive Feasibility Report/ Order Hearing/Commercial Blvd. Extensi.on/94-33 scott. Eric~son'J~ Englneenng 'PC BY~ '-to The Economic Development Authority is requested to approve the resolution receiving the feasibility report and calling for a public hearing on improvements for the extension of Commercial Boulevard from Nightingale Street to Thrush Street and Nightingale street from Commercial Boulevard to Bunker Lake Boulevard, Project 94-33. The Andover Review Committee has incorporated their comments into the feasibility report. The Committee has asked the Council to consider expanding the feasibility report to possibly include Quinn Street, the Frontage Road and possibly Jay Street. If the Council would choose to include these additional improvements with this feasibility report, a supplemental feasibility report could be provided. MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. \ MOTION by Economic Development Authority member adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREETS, SANITARY SEWER, WATERMAIN, STORM DRAIN AND APPURTENANCE , PROJECT NO. 94-33 IN THE COMMERCIAL BOULEVARD EXTENSION AREA. to WHEREAS, pursuant to Resolution No. 019-94 , adopted the 20th day of December , 19 94 , a Feasibility Report has been prepared by TKDA for the improvements; and WHEREAS, such report was received by the Economic Development Authority on the 1st day of August , 19 95 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 1,200,000.00 NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Andover that: 1. The Economic Development Authority hereby accepts the Feasibility Report for Project No. 94-33 , for the improvements. 2. The EDA 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 $ 1,200,000.00 3. A public hearing shall be held on such proposed improvement on the 4th day of September , 19 95 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by EDA member Economic Development Authority at a and adopted by the regular meeting this 1st day of August , 19~, with EDA members voting in favor of the resolution, and EDA members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~ J J. E. McKelvey - President ATTEST: Mike Knight - Secretary CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 1, 1995 AGENDA N:). SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Staff, Committees, Commissions Finance ITEM N:). Computer update CS?~ Jean D. McGann Finance Director 1)J R Mark Smith is here tonight to update the City Council on the progress made on locating a new computer system. Mr. Smith will be describing the steps taken in locating a suitable computer system for the City and presenting the facts of his research. \ , / \ ) MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auaust 1. 1995 AGENDA t-O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA staff, Committees, Commissions ITEM t-O. Dick Fursman, Administration Met Council Report/Septic Inspections BY: q. Mayor Jack McKelvey, City Planning Director Dave Carlberg and I met with staff of the Metropolitan Council and with the Environmental Sub-Committee of the Metropolitan Council recently to discuss the City's position on compliance with the biennial septic inspections. The City first met with Met Council staff on Monday, July 25, 1995 to try and reach a workable compromise which could be delivered to the Environmental Committee of the Metropolitan Council. This was not accomplished. '\ ) On July 26, 1995 Met Council staff contacted the City and requested another meeting an hour prior to the hearing before the Environmental Committee. A compromise was worked out and presented to the Environmental Committee, which they accepted. Andover was able to state its position to the Environmental Committee prior to their vote on the compromise. In the compromise, Metropolitan Council staff would take the necessary steps to approve the amended comprehensive plan as submitted by staff, thus giving the City several years of MusA expansion. In exchange, the City of Andover would work cooperatively with Metropolitan Council staff to study septic systems in the City of Andover to see if an environmental and health threat exists which could be corrected in part, through biennial inspections. At this time the City will not have to conduct bi-annual inspections. However, it was noted that the City would be willing to do something of that sort if it was demonstrated that a health threat exists as a result of leaking septic systems. \ ) MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 1, 1995 AGENDA f'.O SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Item ITEM f'.O Todd J. Haas, ~ Engineering ~L ~ Approve "No Parking" Resolution/ Bunker Lake Blvd./Burnet Senior Classic Golf Tournament 10. The City Council is requested to approve the resolution designating locations for temporary "No Parking" zones during the Burnet .Senior Classic Golf Tournament for 7 days, which is automatically renewable from year to year when necessary to be held at the Bunker Hills Golf Course. \ I '. ) MOTION BY: SECOND BY: , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DESIGNATING LOCATIONS FOR TEMPORARY NO PARKING ZONES DURING THE BURNET SENIOR CLASSIC GOLF TOURNAMENT FOR 7 DAYS, WHICH IS AUTOMATICALLY RENEWABLE FROM YEAR TO YEAR WHEN NECESSARY TO BE HELD AT THE BUNKER HILLS GOLF COURSE. WHEREAS, the no parking zones are to be located at the following locations: 1. CSAH 78 (Hanson Boulevard) from 133rd Avenue NW to County Road 116 (Bunker Lake Boulevard). 2. County Road 116 (Bunker Lake Boulevard) from CSAH 78 (Hanson Boulevard) east to the Ham Lake City Limits. WHEREAS, The Anoka County Highway Department will be responsible for the installation of the signs prior to the tournament and removal of the signs when the tournament has concluded. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate no parking zones as requested by the Anoka County Highway Department when necessary. \ ) Adopted by the City Couhncil of the City of Andover this 1st day of August , 1995. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: Victoria volk - City Clerk / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ~n'J"~~ 1. 1 09~ AGENDA 1\0. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Item Scott. Eric~son, Jl Englneenng f/J BY: 'Jv ~ ITEM 1\0. Order Feasibility Report/ Crooked Lake Blvd./95-14 '1. The City Council is requested to order the preparation of a feasibility report for the improvement of watermain, storm sewer and streets, Project 95-14, in the Crooked Lake Boulevard NW area. The project limits are from the Coon Rapids border to Bunker Lake Boulevard NW. Crooked Lake Boulevard NW is a City State Aid Street and it is proposed to use State Aid funds for this project. ) Crooked Lake boulevard NW has been recommended by the Road Committee for reconstruction in 1996. The consulting firm of Maier-Stewart and Associates (MSA) has been identified as the engineers for this project. MSA has successfully performed a number of projects for me in the past and is a reputable engineering firm. Staff will be evaluating various consulting firms on a project by project basis to assist in the project work load of the City. , ) MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA "' RES. NO. i MOTION by Councilmember to adopt the following: A RESOLUTION IMPROVEMENTS PROJECT NO. AREA. ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE OF WATERMAIN, STORM SEWER AND STREETS 95-14 , IN THE CROOKED LAKE BOULEVARD NW WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically watermain, storm sewer and streets in the area of Crooked Lake Boulevard NW ; and WHEREAS, the City Council proposes to assess the benefitting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to Maier-Stewart and Associates and they are instructed to provide the City Council with a feasibility report. , J MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 1st day of August , 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 Victoria Volk - City Clerk " \ " @ ;J,-opos eJ . L o . C'c..+ L"M'I 1l"''O L._ J .1 .IIl______ 5 (,,) ..-- ..,l.._ UL-. ..'c _. , '" -/:..,-- J,.n - I " ;;'''.i". ;111 ,;' ' / (II) t ., / (#j , N .- I"~) .r ---"4-_ : . ("j (#J , '0 /t"f...:',If ...r..-",~..~)' @ @ CENrER SEe. 33 ,^) I ~ I"', ~ (~1) 2 ! >" == :x: 134TH AVE I ~~;;, '-.' . .- ~.. (43) @ ~-- // .,~ .~~.J .'f - /J ;-., l'.;)'4if-'" ." /J I~'f' _;f --". I" l- V (7' r~',:;:~..~ c , <I ... .]: 3: o a: a: <l CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 1, 1995 AGENDA N::>. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Item Approve Quotesj93-7jFencingj City Hall Park Complex #2 Todd J. Haas, Engineeri~(, ~ ITEM N::>. Id. The City Council is requested to approve the quotes for the installation of 6 10x20x10 (12' height) backstops with 6 foot overhangs for City Hall Park Complex #2, Project 93-7. Contractor Quote Received 1. North Star Fence, Inc. $10,200.00 $13,344.00 $16,642.33 ) 2. Viking Fence & Construction 3. Minnesota/Wisconsin Playground, Inc. The Park and Recreation Commission, at their July 20, 1995 meeting, recommended approval and is to be paid from park dedication funds. Note: North star Fence, Inc.'s quote does include all labor, tools and materials necessary to install backstops. ) MOTION BY: SECOND BY: '. / FR01 : /',(JRTHSTAR mICE P(). t.:: c::: tL ( (" '"' ..- ... -C-o~ :....i \ ~~ / +-0 ~k.~,5 (dJ- " ......... J " PHO~e NO. : 612 421 486() " . INV.,CE No ~TIMAT~ i'2. ....."- "- --::-- -- ....-. - :... _. - 0_.' ~TH STA~ FENCE, INC. 808 Black ellk l.ane '\^ .,\ Anoka. M1nne.oc. 55303 \. ~: /' Bus: 421~150 Ree: 421-2565 -:........ / Name ~''l ~C /I.....d,j~,.- 0... ;8/~/hf I' Address Oty Zip .,..,... , \"- ! 1. ;I Jhanh 1}olL 3' Str j'~ ~ ~'ilQn& F~Nce & CONSTRUCTION zso Fremont Avenue North Minneapoli=-. MN 55.\05 Phone: (612) 377-2660 FAX; \Q12) 377-3077 July 12/ 1995 city of Andover A'I'rN: KEVIN STARR 1\1:, BAC~S'rOP8 we propose to furnish all labor, tools, and wateria1s necessary to install six lOX'O"O (,,'R) backstopS with 6' overhangs at the sawe parX tor the total sum of: ) Hote5t l} The above quote includes all applicable taxes. ,) The wateria1s used in the above quote are all of a co~ercia1 grade. 3} All posts will be concrete set. 4) The above backstopS consist of 6 railS on the middle section and 5 rails on the wings. If you have any questions regarding the above quote, p1eaee contact we ~t your convenience. sincerely/ VIKING FENCE ~D CONSTRUCTION ?4- c?r~~ venisa c. Dinius ) vco/v'no jUN-20-9~ TUE 11:4~ MN/WI p ~/:~X_-::,~.? U t-.._~.._ P. 0. \ " MINNESOTA/WISCONSIN PLAYGROUND, INC . P.O. SOX 27329 GOLDEN VALLEY, MN 55427 " PROPOSAL FOR GAMETIME EQUIPMENT ITS NO.5171002 CITY OF ANDOVER KEVIN STARR ANDOVER, MN 55304 SHIP ZIP:55304 06/20/95 Phone: Fax: 1s'i-(.I~'i ! ITEM NO. DESCRIPTION WGT. 978.0 UNIT PRICE 1,926.00 . EXT. PRICE 11,~56.00' : , 3312 BACKSTOP - p'-, ITEM NO. INDICATES A COLOR OPTION. 5,868.0 LBS SUB TOT: $11,556.00 LESS DISC: $1,687.18- TAX: $641. 47 FREIGHT: $1,332.04 TOTAL: 611 :842.33 ~ RIeES ARE FIRM FOR 30 DAYS. ACCEPTANCE OF THIS QUOTE INDICATES YOUR GREEMENT TO GAMETIME'S TERMS OF SALE. A SIGNED P.O. OR THIS SIGNED unTATION IS REQUIRED FOR ALL ORDERS. LEASE CAL~ (800) 622-5425 OR (612) 546-7787 IF YOU HAVE ANY QUE~!IONS. I " FAX (612) 546-5050 .....1 I.,:"" . CUSTOMER'S SIGNATURE EPRESENTATIVE'S SIGNATURE ALES & USE TAX EXEMPTION CERTIFICATE # ATTACH COpy OF CERTIFICATE) *Installation of the backstops above: ~,800.00::> - rc:.TAL I~ I ''1'2.. ~3 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION August 1, 1995 DATE AGENDA r-n SECTION Nondiscussion/consent ORIG.INATING DEPARTMENT Flnance APPROVED FOR AGENDA ITEM r-n Resolution W Jean D. McGann Finance Director ~. 13. REQUEST The Andover City Council is requested to review and approve the Resolution authorizing certain employees to sell, assign transfer and/or deliver funds. BACKGROUND ) On March 21, 1995 the City Council approved Resolution R038-95. This resolution revised the authorization of certain employees to sell, assign transfer and/or deliver funds. The proposed resolution will modify R038-95 to change the name of Jean D. Nichols, Finance Director, to Jean D. McGann, Finance Director. " \ ) MOTION BY: SECOND BY: \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION AMENDING RESOLUTION NO. R039-95 WHICH REVISED RESOLUTION NUMBER R 189-92 AUTHORIZING CERTAIN EMPLOYEES TO SELL, ASSIGN TRANSFER AND/OR DELIVER FUNDS. WHEREAS, the City Council of the City of Andover has previously adopted Resolution No. R038-95 authorizing Richard Fursman, Administrator, Jean D. Nichols, Finance Director and Shirley Clinton, Treasurer to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this City; and WHEREAS, Jean D. Nichols has changed her name to Jean D. McGann. J NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover hereby revises the authority to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this City to Richard Fursman, Administrator, Jean D. McGann, Finance Director and Shirley Clinton, Treasurer. , Adopted by the City Council of the City of Andover on this day of , 1995. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria Volk - City Clerk \ J (' \ CITY OF AROOVER COUNTY OF ANOKA STATE OF MINNBSOTA / RES. NO. 038-95 A RESOLUTION REVISING THB AUTHORIZATION OF CERTAIN EMPLOYEES TO SELL, ASSIGN TRANSFER AND/OR DELIVER FUNDS. WHEREAS, the City Council of the city of Andover adopted resolution number R 189-92 authorizing James E. schrantz, Administrator, Daryl E. Sulander, Finance Director and Shirley Clinton, Treasurer to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities nOfoJ or hereafter registered in the name of this City; and WHEREAS, James B. Schrantz has resigned the position of Administrator; and WHEREAS, Richard Fursman has been appointed to the position of Administrator. ( WHEREAS, Daryl E. sulander has resigned the position of Finance Director; and WHEREAS, Jean D. Nichols has been appointed to the position of Finance Director. NOW, THEREFORE, BE IT RESOLVED that the city Council of. the City of Andover hereby revises the authority to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities nOfoJ or hereafter registered in the name of this City to Richard !'ursman, Administrator, Jean D. Nichols, Finance Director and Shirley Clinton, Treasurer. Adopted by the City Council of the City of Andover on this 21st day of March, 1995. ATTEST: " d:t.J~ dJU Victoria Volk, City Clerk ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 1, 1995 AGENDA I\Q SECTION ORIGINATING DEPARTMENT Todd ~. Hac;s, ~[ Englneenng p APPROVED FOR AGENDA Non-Discussion Item ITEM I\Q Approve Payment/91-22 & 91-28/ Round Lake Blvd. & Bunker Lake Blvd. rr \4. The City Council is requested to approve the resolution accepting work and directing final payment to the County of Anoka for Projects 91-22 and 91-28 for the improvement of sanitary sewer, watermain, storm sewer, streets, sidewalks and signals in the areas along Round Lake Boulevard NW and Bunker Lake Boulevard NW from Blackfoot street NW to Marigold Street NW. The County of Anoka has successfully completed the project. "- ) We have received the cost participation schedule from the County. Staff will be making a reimbursement request through the Office of state Aid for those items within the project that are eligible. \ / MOTION BY: SECOND BY: ) / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO THE COUNTY OF ANOKA FOR PROJECTS NO. 91-22 & 91-28 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER, STREETS, SIDEWALKS AND SIGNALS IN THE FOLLOWING AREA: ALONG ROUND LAKE BOULEVARD NW FROM 133RD AVENUE NW TO l40TH LANE NW AND BUNKER LAKE BOULEVARD NW FROM BLACKFOOT STREET NW TO MARIGOLD STREET NW. WHEREAS, pursuant to a written agreement signed with the City of Andover on June 1 , 19 93, County of Anoka has satisfactorily completed the construction rn-accordance with such contract. , ; NOW, THEREFORE, Be IT RESOLVED by the city Council of Andover, Minnesota that the work completed under said agreement 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 agreement, taking the County of Anoka receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this day of 1st August , 19 95 , 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 Victorla Volk - Clty Clerk , ~ *I COUNTY OF ANOKA \ Department of Highways 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520 " March 31, 1995 in. 1F' ...... -~ '".-.. l"- -'''"lo.. ~'2.!tS:.1"",:;" {~,;: \~ f.~. v r~l APR F) i995 'CITr _ - -;~ CITY OF ANDOVER 1685 Crosstown Blvd. N.W. Andover, MN 55304 Attention: Mr. Scott Erickson, City Engineer Subject: Letter of Invoice - City of Andover's Share of Reconstruction of Round Lake Boulevard and Bunker Lake Boulevard. J Reference: (a) Anoka County Board of Commissioner's Approval dated 1/26/93 (b) Joint Powers Agreement No. 930100 Fully Executed 6/09/93. (c) Anoka County Construction Project 02-609-10. Enclosure: Cost Participation Schedule dated 01/10/95 (8 Pages). Dear Mr. Erickson, Pursuant to References (a) - (c), Anoka County Highway Department has successfully concluded the Subject project as planned. The Enclosure schedule provides the resultant cost breakdown of the project and reflects the "City's" share of costs. In accordance with the Refer~ce (b) joint powers agreement, the amount receivable to the "County" is four hundred thousand three hundred twenty-four dollars and 88/100's ($400,324.88). Payment is requested by the close of business April 28, 1995. This amount includes the eight percent engineering effort provided by Anoka County. '\ ;' Affirmative Action / Equal Opportunity Employer , In preparing your remittance to the "County", please refer to Project 02-609-10 and make your payment payable to: . I Attention: and address to: Anoka County Highway Department 1440 Bunker Lake Boulevard NW Andover, Minnesota 55304 Payment of $400,324.88 is due by April 28, 1995. If you have any questions regarding the cost participation schedule provided by the County or the issues relative to the project, please do not hesitate to contact the undersigned for assistance. Respectfully, ~ ~\~ -= Alonzo J. Fernandez Contracts Administration, Public Services Division of Anoka County AJ F faff Andover. 00 1 Route to: _Jon G. Olson, Anoka County Engineer _Fred Edstrom, Accountant/Administrative Assistant _Douglas W. Fischer, P.E., Design Engineer _Jane Pemble, Traffic Engineer _Steve Jensen P.E., Construction Engineer _Project 02-609-10, JPA No. 930100 wfCity of Andover File, " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE A.nqm::t 1. 1 qqS AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Item scott. Eric~son, nL EngJ.neenng (]I BYwJ~ ITEM f\O. Approve Change Order #4/ Woodland Ponds 2nd Addn. & Quickstrom's Addn/94-2 & 94-17 \5. The City Council is requested to approve Change Order #4 in the amount of $3,437.50 for Woodland Ponds 2nd Addition, Project 94-2 and Quickstrom's Addition, project 94-17. \ ) " , / MOTION BY: SECOND BY: \ I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *4 TO PROJECT NO. 94-2 & 94-17, WOODLAND PONDS 2ND ADDITION AND QUICKSTROM'S ADDITION WHEREAS, the City of Andover has a contract for Project No. 94-2 and 94-17, Woodland Ponds 2nd Addition and Quickstrom's Addition with W.B. Miller, Inc. of Ramsey, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-2 and 94-17. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 1st day of August , 19 95 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Jack McKelvey - Mayor Victoria volk - City Clerk ~ '\ , / '. ) , , ) '., , CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, MN 10670 10724 Change Order No. ~ JUyl 21. 19---9...5. Conun. No. To W.B Miller. Inc for Woodlands Ponds 2nd Addition /94-21/0uickstrom's Addition /94-171 for City of Andover. Minnesota You are hereby directed to September 27 is subject to all contract (increase) (decrease) (not make the following change to your contract dated , 19~. The change and the work affected thereby stipulations and covenants. This Change Order will change) the contract sum by Three thousand four hundred thirtv seven and 50/l00 Dollars ($ This change order provides for the following extra work: 1. and 3.437.50 ) . Tree removal and disposal, boulevard grading, topsoil placing, subgrade preparation on l42nd Avenue NW from Quay Street NW to Woodland Creek 5th Addition West Plat line: sodding, Invoice *1002 Grader w/operator Roller w/operator Subtotal 2.5Hrs @$75.00 2.5Hrs @$50.00 Invoice *1921 Chainsaw and operator Bobcat w/operator 966C Front end loader w/operator Laborer Subtotal 3.0Hrs @$40.00 9.0Hrs @$45.00 1. OHrs @75. 00 10.5Hrs @35.00 Invoice *1922 Bobcat w/opereator Laborer Sod Subtotal 2.0Hrs 9.0Hrs 92 Yds @$45.00 @$35.00 @$ .75 Invoice *1919 Lowboy Dump Truck Topsoil Disposal Fees Subtotal 1. OHrs 4.5Hrs 33.0CY @$65.00 @$45.00 @$ 3.50 Total $187.50 $125 00 $312.50 $120.00 $405.00 $ 75.00 $367.50 $967.50 $ 90.00 $315.00 $ 69.00 $474.00 $ 65.00 $202.50 $115.50 $220.00 $603.00 $2,357.50 I' \ Change Order No.4 Commission Nos. 10670/10724 Page Two ~- ,/ 2. The following was performed to remove, haul, and dispose of brush, blacktop and concrete curb. End dump truck Dump charge Tri-axle dump truck Total 1.0Hrs @$55.00 $ 55.00 $ 50.00 $ 90.00 $ 195.00 2.0Hrs @$45.00 3. Furnish and install erosion control blanket. 295.0 SY @$ 3.00 $ 885.00 $ 885.00 Total Total - Change Order No. 4 $3,437.50 Amount of Original Contract $ Additions approved to date (Nos. 2. 3 ) $ Deductions approved to date (Nos. ) $ Contract amount to date $ Amount of this Change Order (Add) (Deduct) (Not Changed) $ Revised Contract Amount $ 165.926.45 12.490.25 o 00 178.416 70 + 3.437.50 181. 854.20 '\ Approved CITY OF ANDOVER. MINNESOTA J Owner By Date Approved W B. MILLER. INC. Contractor By Date TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED By ~~.~ Richard M. Odland, P.E. White - Owner* Pink - Contractor* Blue - TKDA " J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AU911St 1. 1995 AGENDA t-n SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Item scott. Eric~son, ^ e EngJ.neenng fJjL ITEM t-n Approve change Order *2/ Crown pointe East/94-22 BY:Q)v \la. The City Council is requested to approve change Order *2 in the amount of $3,436.00 for Crown pointe East, Project 94-22. , ) , J MOTION BY: SECOND BY: J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *2 TO PROJECT NO. CROWN POINTE EAST 94-22 WHEREAS, the City of Andover has a contract for Project No. 94-22, Crown pointe East with C.W. Houle, Inc. of Shoreview, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-22. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 1st day of August , 19 95 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Jack McKelvey - Mayor Victoria Yolk - city Clerk '\ J ~ '\ J 'i / r. CHANGE ORDER , J TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-P1anners Saint Paul, MN Ju1v 21. 19~ Comm. No. 10784 Change Order No. 2 To C. W Houle, Inc. for Crown Pointe East 194-221 for City of Andover. Minnesota You are hereby directed to make the following change to your contract dated March 7. , 19~. The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (not change) the contract sum by Three thousand four hundred thirty six and No/100 ----------------- Dollars ($3.436.00 ). 1. Install 4" PVC conduits for utility crossings. John Deere 500 Tractor/Backhoe 14Hrs @$ 75.00 $1,050.00 Labor 20Hrs @$ 33.00 $ 660 00 Total $1,710.00 2. Boulevard grading along South side of 141st Lane. The boulevard slope was too steep and needed to be cut back prior to seeding. Cat D4 Dozer w/operator 2.0Hrs @$ 85.00 $ 170.00 3. Extra crew t~e for installing watermain under 27" storm sewer and cutting in an 8" by 8" tee. The decision to install watermain between 141st Avenue and 141st Lane was not made until all other utilities were installed. When the decision was made not to continue the watermain along 141st Avenue to Prairie Road, an 8"xS" Tee had to be cut in on 141st Lane. Full crew Total 4Hrs @$389.00 $1.556.00 $3,436.00 , ) '\ \ / " ) . .' Change Order 412 Commission No. 4110784 Page 412 Amount of Original Contract Additions approved to date (Nos. 1 ) Deductions approved to date (Nos. ) Contract amount to date Amount of this Change Order (Add) (Deduct) (Not Changed) Revised Contract Amount Approved Owner By Date Approved Contractor By Date $ 636.842.90 $ 848.70 $ 0 00 $ 637.691. 60 $+ 3.436 00 $ 641.127.60 White - Owner* pink - Contractor* Blue '- TKDA CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 1. 1995 AGENDA SECTION r-.o. Non-Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA Scott Erickson, ~" Engineering (J 1. BV~/v ITEM r-.o. Approve change Order #3/ Section 22/94-18 \" The City Council is requested to approve change Order #3 in the amount of $1,218.00 for Section 22 Trunk Sewer and watermain, Project 94-18. ) ) MOTION BY: SECOND BY: . ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #3 TO PROJECT NO. SECTION 22 TRUNK SEWER AND WATERMAIN 94-18 WHEREAS, the City of Andover has a contract for Project No. 94-18, Section 22 Trunk Sewer and watermain with Ryan contracting, Inc. of Shakopee, Minnesota. NOW, TaEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-18. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this day 1st of , 19 95 , with Councilmembers August / voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Jack McKelvey - Mayor Victoria Volk - City Clerk \ ) / " j '\ I J ,; , . , , CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, MN JULY 21. 19~ Comm. No. 10725 Change Order No. 3 To Ryan Contracting, Inc. for Section 22 Trunk Sewer and Watermain 194-181 for City of Andover, Minnesota You are hereby directed to make the following change to your contract dated April 18. , 19~. The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (not change) the contract sum by One Thousand Two Hundred Eighteen and - - - - - - - - 00/100 Dollars ($ 1.218.00 ). This change order provides for the following extra work: 1. A drainage swale was required to be graded at the 12" culvert that was added to the project. John Deere 650 Dozer Bobcat Skid Loader Operators Foreman w!Pickup Total 2.0Hrs @$50.00 1.0Hrs @$35.00 3.0Hrs @$44.00 1.0Hrs @$56.00 $100.00 $ 35.00 $132.00 $ 56.00 $323.00 2. Two driveways at the recycling center were added to the project. Extra grading work was required to get the driveways to the finished grade elevation. Cat 966 Front End Loader John Deere 650 Dozer Bobcat Ski Loader Operators Total 2.0Hrs @$65.00 2.0Hrs @$50.00 5.0Hrs @$35.00 9.0Hrs @$44.00 $130.00 $100.00 $175.00 $396.00 $801.00 TOTAL CHANGE ORDER No. 3 (Add) $1,218.00 ~. " ) ) '] J " Change Order #3 Commission No. 10725 Page jt2 Amount of Original Contract $ Additions approved to date (Nos. 1. 2 $ Deductions approved to date (Nos. $ Contract amount to date $ Amount of this Change Order (Add) (Deduct) (Not Changed) $ Revised Contract Amount $ 584.297.40 + 34.787.77 o 00 619.085.17 + 1. 218 00 620.303.17 Owner TOLTZ, KING, DUVALL, ANDERSON AND ASS TES NCORPORATED Approved CITY OF ANDOVER. MN By Date Approved RYAN CONTRACTING. INC Contractor White - Owner* Pink - Contractor* Blue - TKDA By Date 2- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 1, 1995 AGENDA f'.O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Item Scott.Eric~son, ^p Englneenng (})L v ITEM f'.O. Approve Change Order #2/ Bunker Lake Boulevard Frontage Road - Phase 2/93-30 U~, The City Council is requested to approve Change Order #2 in the amount of $5,715.34 for Bunker Lake Boulevard Frontage Road - Phase 2, Project 93-30. ) 1 / MOTION BY: SECOND BY: " / , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *2 TO PROJECT NO. BUNKER LAKE BOULEVARD FRONTAGE ROAD - PHASE 2 93-30 WHEREAS, the City of Andover has a contract for Project No. 93-30, Bunker Lake Boulevard Frontage Road with Hydrocon, Inc. of North Branch, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to project No. 93-30. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 1st day of August , 19 95 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Jack McKelvey - Mayor victoria volk - City Clerk .. . r CHANGE ORDP:R \ TOLTZ, KING, DUVALL, ANDERSON AND ASSOC:IATES, INCORPORATED Engineer8~Architects-Planners Stint Paul, MN .July 24 19~ comm. No. l~~Al Chanqe Order No. ....2..- TO Hydrocon Tne '. for Bunker Lakp. BoulAv~rrl Frontage Road - ph~~p. 2 for r.it-y of Andovp.~, MiQnesota YOu are hereby directe~ to make the following chanqe to your contract dated March 7 , 19~. The change and the work affected thereby is subject to all contract stipulations and covenants. This chanqe Order will (increase) (decrease) (not change) the contract sum. by Five Thon;l'lnrt Seven Hundred Fifteen ~nd 34/100----------------Do11ars ($ 5,71~ 34 ). This change order provides for e~ra wQ;rk performed in conjunction with construction of Bunker Lake Boulevard FrOntage Road - Phase 2 '. / Clear and Grub Trees in Ditch Remove and Replace Fence Auto Body Shop Remove Concrete Rubble in Pond Insulate Watermain/Sto~ Sewer Crossing Locate Water Stub Commercial Boulevard Restocking and Freight Charge Construct Baffled Weir 18ft Flared End W/TG Haul Away Rubble Hydrant Extension Dike on Bus Lot Remove and Reinstall Silt Fence $2,200.00 145.00 307.50 72.00 185.00 la5.58 1,012.76 600.00 292.50 325.00 300.00 90 00 , " NET CHANGE - $5,715.34 Amount of Ori.gi.nal Contract ~ Addit.ions app:r;oved to date (Nos. 1 $ Deductions approved to date (Nos. $ Contract amoune to da.te .$ 1\mounl:. of thb Cha.nge O~de~ (Add) (Deduct) (Not Cbanged) $ Revised Contract Amount $ 381.77'-.50 5.300.00 0.00 387,072 50 5.715.34 392.787 84 Date Approved CITY OF ANDOVER. MN Owner By: Approved HYDROCON. INC Contractor Whiee - Owner'" Pink - Contractor'" \ / By Date 80/90.d ~800 c6c c19 tlG>11 l~:ll S661-Sc-lnr CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 1, 1995 AGENDA t-D. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA ADD-ON ITEM t-D. Dick Fursman, Administration Weybridge 3rd Addition Legal Action/Compromise BYpJ- John Davidson of TKDA and Jerry Windschitl of Ashford Development Corporation have been sharing dialog to bring a proposal to the City Council for settlement of the case before it goes to trial. In their discussion, the two parties found room for a compromise and believe they have a new proposal to bring to the Council. In the compromise, Mr. Windschitl would be willing to pay $15,000 for his share of the trunk storm sewer provided that TKDA would be willing to split the estimated construction phase engineering amount. In an effort to save the City further legal expenses and to move the project along, John Davidson said he was willing to work with Jerry on the compromise. This item will be discussed in the executive session of the City Council. MOTION BY: SECOND BY: 0.~' '~':r.'> Y 0u z- \-q!J fi ., Office of ANOKA COUNTY SHERIllPCCEJ,rE,D LARRY PODANY JUL 3 1 1995 " CITY Ur f-\l\JuuVER 325 Jackson Street - Anoka, Minnesota 55303-2210 612-323-5000 Fax 612-422-7503 CITY OF ANDOVER MONTHLY CONTRACT PRODUCTIVITY REPORT MONTH:_JUNE, 1995_ This report reflects the productivity of the Andover contract cars, 3125, 3135, 3145 and 3155. It does not include activity by Sheriff's Department cars within the City during non-contract hours, nor, activity by other Sheriff's Department cars within the City during contract hours. Papers Served: o Radio Calls 794 Complaints 524 Medicals 25 P. I. Accidents 11 P.D. Accidents 16 Domestics 31 House Checks 41 Arrests: Traffic 48 DWI 6 Arrests: Felony o 8.M. 1 Misdemeanor 26 Arrests: Warrant 5 Warnings: 42 Business Checks 347 Aids: Public 108 Other Agencies___96_ TOTAL MILES PATROLlED: 10,689 CAPTAIN LEN CHRIST ANOKA COUNTY SHERIFF'S DEPARTMENT PATROL DIVISION -6- Affirmative Action I Equal Opportunity Employer DATE: August 1, 1995 ITEMS GIVEN TO THE CITY COUNCIL planning & zoning Commission Minutes - July 11, 1995 City Council Minutes - July 18, 1995 Housin and Redevelo ment Authorit Minutes - Jul 18, 1995 park and Recreation Minutes - July 20, 1995 Letter from Len Christ, Anoka County Sheriff's Dept. - 7/17/95 Letter from Judith Engler - 7/19/95 Recommendations for the City of Andover - Relates to Item 6 Feasibility Report - Andover Commerical park Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. , ~ , tG ~_I_L1'j II Office of ANOKA COUNTY SHERIFF LARRY PODANY 325 Jackson Street - Anoka, Minnesota 55303-2210 612-323-5000 Fax 612-422-7503 July 17th, 1995 RECEIVED JUL 24 1995 CITY OFA- I~LJOVER Mayor Jack McKelvey City of Andover 1685 Crosstown Blvd. Andover, MN 55304 N.W. Dear Mayor McKelvey: The June Calls For Service Law Enforcement Report and Municipality Arrest Report are attached for your review. Should you have any questions or concerns please contact me at my office, 323-5131. Sincerely, ~~ Patrol Division LC:nc Attachments Affirmative Action I Equal Opportunity Employer '" " '" <w - ,. 0- )-- I)) ua::: o ~o >- V) w- f- r~~"._. r __..L_. -.,---. II, '" '. '" .... I'- '" o '" c; <( a. I" u: "- '" ~ -:: o >- I- > 0- <J '" '" l.oJIJ-1 J' J-: G" ............. :J:::1-0 '" o "- (I.. -' -' "" 'J '" 1....... <U ::>'" ~i\J C- d:: ( '" 1 MC'o(' ....-" -'''' .::Z:: 1-- OI- l- M'" "'.... - .... 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Office of ANOKA COUNTY LARRY PODAN 325 Jackson Street - Anoka, Minn sota 55303-2210 612-323-5000 Fax 612 2-7503 CITY OF ANDOVER MONTHLY CONTRACT PRODUCTIVITY MONTH:_JUNE, 1995_ This report reflects the productivity of the Ando er contract cars, 3125, 3135, 3145 and 3155. It does not inc ude activity by Sheriff's Department cars within the City du ing non-contract hours, nor, activity by other Sheriff's Departme t cars within the City during contract hours. Arrests: Traffic 48 Papers Served: o Radio C 11s 794 Complai ts 524 Medical 25 P.I. Ac idents 11 P.D. Ac idents 16 Domesti s 31 House C ecks 41 Busines Checks 347 - DWI 6 Arrests: Felony o G.M. 1 Misdemeanor 26 Arrests: Warrant 5 Warnings: 42 Aids: Public 108 Other Agencies___96_ TOTAL MILES PATROLlED: 10,689 CAPTAIN LEN CHRIST ANOKA COUNTY SHERIFF'S DEPARTMEN PATROL DIVISION -6- Affirmative Action I Equal Opportunity Employ r Office of ANOKA COUNTY SHERIFF LARRY PODANY 325 Jackson Street - Anoka, Minnesota 55303-2210 612-323-5000 Fax 612-422-7503 ge No. /03/95 1 Andover CALLS TAKEN BY NON-CONTRACT CARS iNTRACT CAR '~KING : DATE: NATURE OF CALL: TIME SPENT ON CALL :5 06/01/95 Civil Dispute 0 HOURS 20 MINUTES ;S 06/03/95 Pass. Shots Fired 0 HOURS 16 MINUTES :3 06/03/95 Loud Party 0 HOURS 13 MINUTES :5 06/10/95 Medical 0 HOURS 7 MINUTES :5 06/12/95 Alarm 0 HOURS 6 MINUTES :5 06/13/95 Alarm 0 HOURS 9 MINUTES ::5 06/13/95 Assault 0 HOURS 43 MINUTES :s 06/15/95 Reckless Driver 0 HOURS 12 MINUTES :5 06/15/95 Medical 0 HOURS .11 MINUTES =s 06/16/95 Damage to Property 0 HOURS 18 MINUTES ::s 06/16/95 Susp. Activity 0 HOURS 21 MINUTES ':s 06/18/95 Alarm 0 HOURS 22 MINUTES ':s 06/23/95 Loud Party 0 HOURS 3 MINUTES ~s 06/23/95 Medical 0 HOURS 13 MINUTES ~s 06/23/95 Vandalism 0 HOURS 19 MINUTES es 06/25/95 Medical 0 HOURS 15 MINUTES ",s 06/25/95 P. I. Accident 0 HOURS 32 MINUTES ~s 06/25/95 P'I. Accident 0 HOURS 24 MINUTES ':s 06/25/95 P. I. Accident 0 HOURS 22 MINUTES -':5 06/27/95 P.D. Accident 0 HOURS 23 MINUTES ~s 06/27/95 P. I. Accident 0 HOURS 29 MINUTES ~5 06/28/95 Civil Dispute 0 HOURS 34 MINUTES ~s 06/28/95 P.I. Accident 0 HOURS 34 MINUTES ~5 06/29/95 Domestic 0 HOURS 13 MINUTES ,~s 06/30/95 Alarm 0 HOURS 12 MINUTES *** GRAND TOTALS *** 7 HOURS 51 MINUTES Affirmative Action I Equal Opportunity Employer ~ Q '" ~ ~ '" 0 '" 0 0 .... 0 .... 0 0 0 0 N .... U Q '" 6 .... .., OJ N N 0 .... ~ 0 .... 0 "' ... '" .... .... .... M Q '" ~ '" 0 0 0 0 .... 0 0 0 0 .... .. '" '" '" > .... i; :li 0 0 0 0 0 0 0 0 0 0 .... Q '" ~ ~ 0 0 0 0 0 0 0 0 0 0 0 '" z P:: 0 .... Q 0 .... '" 0 0 0 0- ~ 0 0 0 0 0 0 0 E-t '" o<C u '" >< '" l') '" u H Eo< U) '" >Ll '" OJ :> .... .... z OJ 0 0 z ~ '" 0 0 0 0 0 0 0 0 H ~ P:: >Ll Z o<C >Ll OJ :E: .... .... OJ 0 .... >Ll S '" 0 0 0 0 0 0 0 .... Cl ~ ~ U) H :E: 0 '" OJ OJ .... Eo< z '" N N .... .... .... .... .... '" ... '" 0 .... .... N '" 0- ... Cl .. '" 0 '" >Ll Z l') H U) U) o<C U) >Ll U) tJ o<C OJ ~ t) '" 15 OJ i; 1: .... '" . '" '" I '" .... . ~ 5 '" '" . ~ 0- '" .. . '" .... 0 0 I . 0- 0- " ~ '" '" . Q '" 0- "' .... " " .. gJ OJ OJ '" Z Z OJ '" '" ~ ~ '" .... .... .... '" ~ '" '" OJ .... '" ~ OJ '" '" " '" '" OJ i ~ z .... '" 0 ~ ~ z OJ ~ .... 0 ~ .... .... ~ '" '" OJ 0 0- .. ~ .. OJ 0 OJ .... fj '" '" '" .... '" H '" :;] i': . 0 Q " Q U Q . ~~ ~~ QD 2?-I~q6 RECErVEJ) July 19, 1995 Andover City Council 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 JUL 2 1 1995 CITY Or' Ar"uOVER City Council, Re: Red Oak Park I have written to you and the Park Department along with phone calls to both Park Department and Mayor again with no response, Except the letter from Richard Fursman saying he could what he wants. Why? When we bought this lot we were told that we had four lot lines in common with others. The fifth had no one behind us. According to Mr. Goetch, he has been told by you that his property qoes from Richard Clarks' line on 140th. on one side of him to Steven Clarks' line on Yellowpine on the other side of me and whatever he chooses not to mow at a particular time I may. I was not aware that ones property makes a left turn and continues across behind another. He has told me that the property line between us doesn't count as I learned a few years ago when I had to put up a fence to protect my gardens. The park is still mowed just about to ponds edge behind my house which is a violation. It is also an open invitation to the geese that will come in here this fall, something he doesn't want so I suppose the reward will be to allow him to string up his offensive crap behind my house again. I tried to nicely to encourage him not to mow this area by planting some flowers across part of It. At first he went around them but now he mows them down. Here is what I planted: mallow, sun flowers, phlox, liatris, achillea, day lillies and chinese lantern. Carolyn Clark on the other side of hlm even tried to spread flower seed behind me but of course they were not allowed to grow. A couple of years aqo we had an agreement that he would maintain the area that he put sod on and we would take care of what we paid for. That lasted ten minutes. I am so tired of him comming out and standing in this area when I mow and yelling at and threating me. It is bad enough that whenever I am on my deck or in my back yard he stands on his deck and yells at me and flips me off, but why do I have to put up with it behind me also? If I ever got a response from you I would know how to respond. As it is I never say a word and pretend that I don't see or hear him. Please! Judith Engler 14022 Yellowpine N.W. Andover, Minnesota 55304 I ~ ~ f ~ '\ c- ~ ~' - , --- ~ !1 /f Q vJ f7 r7 ( -- IQ / /'l -" c. - , () > ~ ... .,~~ . o. Ifl A l/t: . /' c:-- ::- ;"--" ;1- ,- , , \,,/ .' ,. \. tv-' ( ,~ J.' I. ., , i I I I C:nls \ ~~~l. - 5 __7" - : <U -n..... /"". ~ " t:. ':,:<&...... ....~ "-';:: ~ ~ ~~. 1\\ fA . . oPY .. t Recommendations For City of Andover, Minnesota $6,055,000 General Obligation Tax Increment Bonds, Series 19950 Study No. A0128S1 SPRINGSTED Incorporated July 26, 1995 Recommendations for City of Andover, Minnesota $6,055,000 General Obligation Tax Increment Bonds, Series 19950 EXECUTIVE SUMMARY This summary is intended to highlight data contained in these recommendations. It is intended to be an adjunct to the recommendations and not to be used solely as the basis of determination of actions required, Your actions should be based on the information more fully set forth in the recommendations. 1. Action Requested To establish the date and time of receiving bid information and establish the terms and conditions of the Offering. General obligation bonds; proceeds of the issue will be used to finance various eligible tax increment projects. 2. Type and Purpose of Offering 3, Principal Amount of Offering $6,055,000 4. Repayment Term Interest will be payable on August 1 and February 1 of each year to maturity beginning February 1, 1996. Principal is payable yearly on February 1, 1996 through 2013. 5. Source of Debt Service Revenues Tax increment income from the City's Tax Increment Financing Districts Nos. 1 and 2. 7, Credit Rating Comments Bonds maturing in 2006 through 2013 are callable on February 1, 2005, and on any day thereafter, at par. City is rated "Baa-1" from Moody's Investors Service. 6, Optional Redemption 8. Sale Date and Time September 19, 1995, 11 :00 AM. September 19, 1995,7:00 P,M. 9, Award Date and Time 10. Comments In order for underwriters to bid on the bonds, under SEC regulations, the City will be required to covenant with bondholders to undertaking continuing disclosure. 85 E, SEVENTH PLACE, SUITE 100 SAINT PAUL, MN 55101,2143 612,223,3000 FAX: 612-223-3002 J SPRINGSTED Public Finance Advisors July 26, 1995 ~ Mayor Jack McKelvey Members, City Council Mr. Richard Fursman, City Administrator Ms. Jean McGann, Finance Director City of Andover 1685 Crosstown Boulevard Northwest Andover, MN 55304-2612 Re: Recommendations for the Issuance of $6,055,000 General Obligation Tax Increment Bonds, Series 1995D We respectfully request your consideration of our recommendations for the bond issue referenced above. Certain details of the issue are set forth in the attached "Terms of ProposaL" These recommendations will discuss the finance plan for the bonds and address general concerns relevant to the offering. The Bonds The Tax Increment Bonds are being issued pursuant to Minnesota Statutes, Chapters 469 and 475. The bonds will be used to provide financing for various eligible tax increment projects, including the acquisition of property, road improvements, soil testing and land cleanup, in the City's Tax Increment Financing Districts Nos, 1 and 2. The City has identified over $8 million in project costs and will finance $6.055 million in 1995. This will allow the City to qualify the bonds as "bank-qualified" under federal arbitrage regulations. This qualification typically results in lower interest rates. Bank-qualified bonds are discussed in more detail later in these recommendations. The components of the bonds are as follows: Project Costs Costs of Issuance Allowance for Discount Bidding Total Bond Issue $5,924,675 39,500 90 825 $6,055,000 Amortization Schedule Attached as Appendix I is the proposed amortization schedule for the bonds. The bonds are dated October 1, 1995, and mature on February 1, 1996 through 2013. The bonds are structured to match tax increment revenue estimates for Tax Increment Financing Districts Nos. 1 and 2. Tax increment revenue estimates were prepared by Springsted Incorporated based on information provided by the County and the City. Tax increment income is expected to cover 105% of the estimated debt service on the bonds (in addition to debt service on the City's outstanding 1993 and 1994 tax increment bonds) and generate an annual surplus of approximately $172,000 for the next 18 years, This surplus tax increment revenue will be SAI~T PAUL, MN . MINNEAPOUS, MN . BROOKFIELD, WI . OVERLAND PARK, KS . WASHL'lGTON, DC . IOWA cm, lA City of Andover, Minnesota July 26, 1995 available to cover debt service on the tax increment bonds expected to be issued in 1996 to finalize these projects. The first interest payment for this issue, due February 1, 1996, will be paid from tax increment income received in 1995. Thereafter, the semiannual interest payment due August 1 will be payable from the first half of collections of tax increment income in the year of collection, and each subsequent February 1 principal and interest payment will be paid from the second-half collections of tax increment income, as well as surplus first-half collections. Prepayment Option The City may elect on February 1, 2005, and on any day thereafter, to prepay the bonds due on or after February 1, 2006, All prepayments shall be at a price of par plus accrued interest This call feature will permit prepayment of the bonds if tax increment income exceeds estimates, Allowance for Discount Bidding Included in the principal amount is a provision for discount bidding equal to 1.5% of the principal amount of the bonds, or $15 per $1,000 bond. The discount provides the underwriters with all or part of their profit andlor working capital for marketing the issue, and permits them to reoffer the bonds at or close to a par reoffering scale. The discount is a successful marketing tool the City has used in past bond issues, and we recommend its continued use here. Rating We recommend that the City request a rating from Moody's Investors Service for this issue. The City's rating of "Baa-1" was recently confirmed by Moody's, Springsted Incorporated will make an application to Moody's on the City's behalf. Continuing Market Disclosure The Securities and Exchange Commission has finalized amendments to its Rule 15c2-12 which prohibits broker-dealers from underwriting municipal securities of $1,000,000 or more unless the issuer has agreed in writing to provide annual disclosure of financial and operating information and to disclose material events when they occur. This Rule is effective for issues underwritten on and after July 3, 1995. Since these bonds are to be issued after that date, the City will be required to comply with the Rule in order for underwriters to bid on the issues. The agreement with the underwriter and bondholders, or the "undertaking," as it is called in the Rule, must be incorporated in the bond resolution for the issue or a separate disclosure agreement and in the final Official Statement. The undertaking will obligate the City to prepare and file with all nationally recognized municipal securities information repositories ("NRMSIRs") annual up-dated financial and operating information and the City's annual audited financial statements, As of now, there are five recognized NRMSIRs. The Rule uses the information in the final Official Statement as the benchmark for data to include in the secondary market disclosure report so that certain information provided in the Official Statement must be revised annually. Between now and the date of the sale, September 19th, Springsted Incorporated will be working with City staff and your bond counsel to craft an acceptable undertaking which will either be incorporated in the resolution for the bonds, or drafted as a separate document, the "Continuing Disclosure Certificate," and which will also be included in the Official Statement for the issue. Page 2 City of Andover, Minnesota , July 26, 1995 Federal Rebate - Arbitrage All tax-exempt bonds are subject to federal arbitrage regulations, including rebating arbitrage profits to the U.S. Treasury. Generally speaking, all arbitrage profits (the yield difference between the earnings on the investments and the yield on the obligations) must be rebated to the U.S, Treasury. There are some exemptions to this rebate requirement which include: (i) A small issuer exemption if the obligations are for govemmental purposes and the issuer reasonably expects to issue not more than $5,000,000 tax-exempt obligations during the calendar year. (ii) A six-month exemption if all of the proceeds of the obligations are expected within six months of issuance of the obligations. (iii) An 18-month expenditure test if at least 15% of the proceeds are expended within 6 months, 60% within 12 months and 100% within 18 months. (iv) A two-year expenditure test if at least 75% of the proceeds of the issue are used for construction and if 10% is expended within 6 months, 45% within 12 months, 75% within 18 months and 100% within two years. For items (iii) and (iv), if it is reasonably required that a retainage be maintained to enforce the completion of a contract, up to 5% of the proceeds may be retained for an additional 12 months. Net proceeds subject to these expenditure tests include investment eamings on the original bond proceeds. The City does not meet the small issuer exemption, (i) above, and will therefore will not be exempt from reporting and rebate requirements unless the City can meet the spend-down requirements of item (Hi) or item (iv). Another potential source of arbitrage concem stems from the creation of a debt service fund to pay debt service on the new issue. The arbitrage regulations permit only bona fide debt service funds to be exempt from arbitrage regulations. A bona fide debt service fund is defined as a fund for which there is an equal matching of revenue to debt service expense with a carryover permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. A debt service fund can lose its bona fide status if the issuer accumulates too much investment earnings or tax increment income. It is important to monitor the debt service fund for this issue to assure compliance with the regulations. Any portion in excess of a bona fide debt service fund must be restricted in yield to the yield on the bonds. Economic Life of Finance Projects The 1993 "final" arbitrage regulations brought all tax-exempt issues into the calculation of "economic life." Previously this requirement was only for private activity bonds. The intent of this requirement is that the U.S. Treasury does not want bonds outstanding longer than is necessary, thus creating more tax-exempt bonds in the marketplace than are needed, The general safe harbor for assuring that bonds comply with the regulations is if the average maturity of the bonds does not exceed 120% of the economic life of the financed projects, The bonds are issued for land acquisition, road improvements, soil testing and land cleanup, which, under the U.S. Treasury guidelines have an economic life of at least 20 years, and are therefore in compliance with this regulation. Federal Reimbursement Regulations The U.S. Treasury has enacted reimbursement regulations to regulate issuers who wish to issue tax-exempt bonds to recover costs of prior expenditures. The reimbursement regulations require that if the issuer proposes to reimburse itself for expenses they paid prior to receipt of Page 3 City of Andover, Minnesota . July 26, 1995 bond proceeds, it must have made a declaration of that intent within 60 days of the actual payment of the expense. There are exemptions for architectural and engineering fees and miscellaneous start-up costs. It is our understanding the City is aware of these regulations and has taken necessary action to comply with the federal reimbursement regulations in regard to this issue, Bank-Qualified Obligations The Tax Reform Act of 1986 restricts the ability of banks to deduct tax-exempt interest as a carrying expense under certain circumstances in calculating their tax liability. However, the Act allows certain bonds to be qualified bonds which can be included in a bank's calculation of interest deduction. That qualification is reserved for municipalities that will issue less than $10,000,000 of tax-exempt debt within a calendar year. As addressed before in this document, the City does not expect to exceed this $10,000,000 limit in 1995, and therefore this issue will be bank-qualified. This qualification will help the marketability of the issue. Book Entry We recommend the bonds be issued as "book entry only" obligations through the Midwest Securities Trust Company of Chicago. Under the book entry system, the holders of the obligations will not receive printed bonds but will have only a record from the broker/dealer stating they are held by the depository, The use of the book entry system eliminates all costs to the City for printing physical bonds. We recommend, however, the City retain the services of a registrar. For a nominal fee, the registrar will provide semi-annual notices of the debt service payments to the depository and act as go-between with the depository if it is necessary. Sale Procedures Springsted Incorporated, together with Capital Guaranty Insurance Company, a municipal bond insurer, will again offer a surety bond service, "Sure-Bid," to underwriters in lieu of putting up a good faith check in order to bid on the bonds, In addition to allowing underwriters to submit their bids by mail or telephone, we will also allow them to submit bids through PARITY, an electronic bid filing process Springsted has access to the bids via modem and will verify and tabulate the bids received to determine the winning bid. We have allowed for the use of Sure- Bid and PARITY in the Terms of Proposal, attached to these recommendations. We believe that the use of these bidding options may attract more bids for the bond sale, since it reduces administrative barriers for an underwriter to bid. There is no cost to the City for this service and Springsted does not have a financial interest in the use of Sure-Bid or PARITY. We recommend the bonds be offered for sale on Tuesday, September 19, 1995, with proposals received in the offices of Springsted Incorporated by 11 :00 A.M. Subsequent to the receipt of those proposals, we will tabulate the proceeds and present the results to the City Council for consideration of award at 7:00 P.M. that evening. Proceeds should be available to the City in mid-October. Respectfully submitted, ~~,.kUA~~~ SPRINGSTED Incorporated pjp Page 4 APPENDIX I City of Andover, Minnesota Prepared July 24, 1995 G.O. Tax Increment Bonds, Series 19950 By SPRINGSTED Incorporated Dated: 10. 1.1995 IIature: 2. 1 First Interest: 2. 1-1996 Total Tax Year of Year of Principal 105% Increment Annual Cumulative Revenue Mat. Principal Rates Interest & Interest of Total Revenue Surplus Surplus (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1995 1996 75,000 3.90% 110,445 185,445 194,717 356,853 162,136 162,136 1996 1997 100,000 4.00% 328,411 428,411 449,832 619,226 169,394 331,530 1997 1998 130,000 4.20% 324,411 454,411 477,132 653,450 176,318 507,848 1998 1999 150,000 4.40% 318,951 468,951 492,399 661,445 169,046 676,894 1999 2000 175,000 4.60% 312,351 487,351 511,719 689,813 178,094 854,988 2000 2001 200,000 4.75% 304,301 504,301 529,516 693,460 163,944 1,018,932 2001 2002 225,000 4.90% 294,801 519,801 545,791 702,608 156,817 1,175,749 2002 2003 225,000 5.00% 283,776 508,776 534,215 712,045 177,830 1,353,579 2003 2004 250,000 5.10% 272,526 522,526 548,652 721,705 173,053 1,526,632 2004 2005 350,000 5,20% 259,776 609,776 640,265 800,939 160,674 1,687,306 2005 2006 425,000 5.35% 241,576 666,576 699,905 878,890 178,985 1,866,291 2006 2007 450,000 5.50% 218,838 668,838 702,280 878,890 176,610 2,042,901 2007 2008 475,000 5,65% 194,088 669,088 702,542 878,890 176,348 2,219,249 2008 2009 500,000 5.75% 167,250 667,250 700,613 878,890 178,277 2,397,526 2009 2010 525,000 5.80% 138,500 663,500 696,675 878,890 182,215 2,579,741 2010 2011 575,000 5.90% 108,050 683,050 717,203 878,890 161,687 2,741,428 2011 2012 600,000 6.00% 74,125 674,125 707,831 878,890 171,059 2,912,487 2012 2013 625,000 6,10% 38,125 663,125 696,281 878,890 182,609 3,095,096 TOTALS: 6,055,000 3,990,301 10,045,301 10,547,568 13,642,664 Bond Years: 70,203,33 Annual Interest: 3,990,301 Avg. Maturity: 11.59 Plus Discount: 90,825 Avg. Annual Rate: 5.684% Net Interest: 4,081,126 T.LC, Rate: 5,835% N,LC, Rate: 5.813% Interest rates are estimates; changes may cause significant alterations of this schedule, The actual undeiWrlterJs discount bid may also vary. Page 5 . . THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $6,055,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1995D (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, September 19, 1995, until 11 :00 AM., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M" Central Time, of the same day, SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated October 1, 1995, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1996. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 1996 $ 75,000 1997 $100,000 1998 $130,000 1999 $150,000 2000 $175,000 2001 $200,000 2002 $225,000 2003 $225,000 2004 $250,000 2005 $350,000 2006 $425,000 2007 $450,000 2008 $475,000 2009 $500,000 2010 $525,000 2011 $575,000 2012 $600,000 2013 $625,000 Page 6 , BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Kray & Co. as nominee of Midwest Securities Trust Company ("MSTC"), Chicago, Illinois, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of MSTC and its participants. Principal and interest are payable by the registrar to MSTC or its nominee as registered owner of the Bonds, Transfer of principal and interest payments to participants of MSTC will be the responsibility of MSTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with MSTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or after February 1, 2006. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify MSTC of the particular amount of such maturity to be prepaid. MSTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes, In addition the City will pledge tax increment income collected from the City's Tax Increment Districts No, 1-1 and No. 1-2. The proceeds will be used for various public improvement projects. TYPE OF PROPOSALS Proposals shall be for not less than $5,964,175 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $60,550, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M" Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can Page 7 ~ be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis, The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (H) reject all proposals without cause, and, (Hi) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment Page 8 ) . CONTINUING DISCLOSURE The City will covenant in the resolution awarding the sale of the Bonds and in a Continuing Disclosure Certificate to provide, or cause to be provided, annual financial information, including audited financial statements of the City, and notices of certain material events, as required by SEC Rule 15c2-12. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 240 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated August 1, 1995 BY ORDER OF THE CITY COUNCIL Isl Victoria Volk Clerk Page 9 n u n u n u _ ~ -:.. . AN ARc;, DEDICATED FOR ECONOMIC DPPORTlJNmES ~~dover Commercial Park n u n u n u n u FEASIBILITY REPORT .., u .., u ANDOVER COMMERCIAL PARK DEVELOPMENT CITY PROJECT 94-33 ANDOVER, MINNESOTA n u n L.J .., u .., u .., u .., L.J COMM. NO.1 0832 .., u .., u TKDA TOLTZ, KING, DUVALl., ANDERSON AND ASSOCIATES, INCORPORATED - ENGINEERS. ARCHITECTS. PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101-2140 PHONE:6121292-4400 FAX:6121292-0083 n u .., L.J n LJ n L.J TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS-ARCHITECTS-PLANNERS SAINT PAUL, MINNESOTA JULY 27.1995 n LJ n L.J n FEASIBILITY REPORT FOR L.J n ANDOVER COMMERCIAL PARK DEVELOPMENT L.J CITY PROJECT 94-33 n L.J CITY OF ANDOVER, MINNESOTA .. L.J COMMISSION NO.1 0832 ,., L.J ..., LJ ,.., LJ ,.., L.J ,.., I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. L.J .' /-) ( /~~~ RICHARD D. MENKEN, P.E. Registration No. 9727 ,.., u ,., u n LJ ..., L.J ,.., LJ n LJ 10832 .., u ...., u ANDOVER COMMERCIAL PARK DEVELOPMENT r"l PROJECT 94-33 :..J CITY OF ANDOVER, MINNESOTA .., TABLE OF CONTENTS LJ ..., Background 3 LJ Project Location South 1/2 of Section 34-32-24 4 ,., Storm Drainage Plan Review 4 <.-J Improvements A. Commercial Boulevard NW 6 .., B. Nightingale Street NW LJ C. Quinn Street NW D. Jay Street NW .., E. Frontage Road (Jay St. to ,.1 to Nightingale Street F. Frontage Road (Nightingale .., Street to Quinn Street LJ Site Grading 13 r-, ~J Initiation Andover City Council Action 13 ,., Feasibility This project is feasible. 13 LJ Right-of-way/ To be platted. 13 ..., Easements LJ Permits MPCA, MWCC, Department of Health, Coon ..., Creek Watershed District, DNR, Anoka LJ County Highway Department, Corps of Engineers ..., LJ Estimated Project Table 1 and Appendix 14 .., Cost $1.220.400 Construction Cost Phase I. u Financing and ..., Estimated Assessable Cost 14 LJ .., Total LJ Project Cost Summary 15 ..., LJ ~, -1- 10832 LJ ., LJ ., LJ Proposed Project Time Schedule 1996 Construction Season 16 ., LJ Preliminary Assessment Table 2 and Table 3 ..., LJ Appendix Preliminary Construction Cost Estimates Streets, Storm Sewer ., Sanitary Sewer, Watermain and Site Grading LJ Improvement Maps 1. Street Plan ., 2. Storm Sewer Plan LJ 3. Storm Drainage Plan 4. Sanitary Sewer Plan ., 5. Watermain Plan LJ 6. Typical Sections 7. Proposed Plats ...., 8. PIN Numbers LJ Appendix Preliminary Construction Cost Estimates ,...., Streets, Storm Sewer LJ Sanitary Sewer, Watermain and Site Grading ...., LJ ,...., LJ ...., LJ .., LJ ...., LJ ,., L-J ., LJ ~ LJ ., oj ,'"'" -2- 10832 u -, L.I -, u ANDOVER COMMERCIAL PARK DEVELOPMENT CITY PROJECT 94-33 CITY OF ANDOVER, MINNESOTA -, L.I -, Background w The City initiated the Andover Commercial Park as part of the Tax Increment Financing -, District in order to attract commercial development. Since its inception in 1987, the L..J Andover Commercial Park phases of construction have been pursued while being consistent with the overall Commercial Park Concept Plan. -, L.I A. City Project 87-6 -, Commercial Park - Phase I was the initial phase that was constructed in 1989, including the following: LJ -, 1 . Streets L..J -, Anoka County Road 18 (Crosstown Boulevard) Thrush Street NW Commercial Boulevard NW (136th Avenue NW) 135th Lane NW L..J -, 2. Utilities LJ n Sanitary Sewers Watermains Storm Sewers u -, 3. Site Grading LJ -, Development of 12 Lots L..J B. City Project 89-24 -, The initial phase of the Commercial Park Pond was constructed in 1989 as a stormwater runoff detention pond for the Commercial Park area and for the development within Hidden Creek East. LJ -, L..J C. City Project 92-27 n This project involved the construction of Commercial Boulevard NW from Hanson Boulevard to approximately 1 ,300 feet west of Jay Street NW and was constructed in the Spring/Summer of 1994. L..J -, L..J -, u ,., -3- 10832 L..J ., L..J ., L..J ., L..J ., L..J ., L..J ., LJ ., L.J ., L.J .., LJ ., L..J -, L..J .., LJ ..., LJ ., L.J .., L.J .., D. City Project 93.30 Bunker Lake Boulevard South Frontage Road improvementss are being constructed during the Spring/Summer of 1995. The project limits are Jay Street and Bunker Lake Boulevard on the north and west Commercial Drive on the south. The route is generally parallel and west of Hanson Boulevard (Anoka CSAH 78). Project Location The proposed Andover Commercial Park consists of approximately 160 acres generally located in the south half of Section 34, Township 32N, Range 24W, bounded by Bunker Lake Boulevard on the north, Hanson Boulevard (CSAH No. 78) on the east and Crosstown Boulevard (County Road No. 18) on the west. Storm Drainage Plan Stormwater drainage plans for the Concept Plan of Andover Commercial Park were developed by computer simulation in 1987 for general patterns of flow and ponding (Drawing No.3). It was proposed the site drainage be directed toward existing wetlands which are to be inter-connected by piping or overland drainage swales. It is proposed to develop these existing wetlands for ponding as part of the Comprehensive Stormwater Management Plan. The general improvements which have been implemented to date are: A. The Commercial Park Pond has been enlarged to provide stormwater runoff detention (City Project 94-13). B. The Hidden Creek East Pond has been enlarged and outlet pipe constructed to connect with the Commercial Park Pond. C. A trunk storm sewer pipe outlet along Commercial Boulevard to collect the drainage from development generally north and to the pond east of the Kottke Bus Company property. D. Local storm sewers and purchase and enlargement of the Kottke Bus Pond are being constructed in 1995 (City Project 93-30). E. A storm sewer pipe has been constructed along the north side of Bunker Lake Boulevard from Red Oaks Pond west to connect with wetland area in the northeast quadrant of Bunker Lake/Crosstown Boulevard. Wetlands L.J .., Comprehensive Storm Water Control and Drainage Plan for the Andover Commercial Park incorporates the existing wetlands (Drawing No.3). LJ ., u ., LJ -4- 10832 ~ LJ .., LJ Wetland A .., Hidden Creek 2nd Addition used this pond for a storage basin for storm water control. This project was completed in the Fall of 1986. The portion of this pond east of Crosstown Boulevard has been included within the Commercial Park storm drainage plan. LJ .., i....J Wetland B .., LJ This pond is the primary ponding area for all of the surrounding area from Hanson Boulevard NW west to Thrush Street NW and Bunker Lake Boulevard south to the Hidden Creek development and Commercial Boulevard NW. .., LJ This pond was originally developed in 1989 as a detention pond for part of the Comprehensive Stormwater Control Plan for the Commercial Park area. This pond was enlarged in the Summer/Fall of 1994. Wetland C .., LJ .., LJ This area over the years has been partially filled by landowners. It is proposed to excavate this area and use as a detention pond which would provide an outlet of Wetland D. This pond would be outletted by a ditch that would lead to the Commercial Park Pond (Wetland B). Wetland 0 .., LJ .., LJ .., This wetland area has been provided with an outlet pipe under Thrush Street. This pipe has been bulkheaded at the present time. The proposed excavation of Wetland C would enable Wetland D area to drain by this pipe to Wetland C. u .., Wetland E LJ .., This wetland/pond is included in the overall Comprehensive Stormwater Control Plan. Excavation is required. This area would handle storm runoff from the proposed Frontage Road between Nightingale Street NW and Quinn Street NW. It also would handle the overflow from Wetland/Pond F. This pond would then be outletted to the Commercial Park Pond (Wetland B), by storm sewer piping. u .., LJ Wetland F .., LJ This wetland/pond is included in the overall Comprehensive Stormwater Control Plan. Excavation is required. This pond would handle storm runoff from Jay Street NW down the Frontage Road between Jay Street NW to Nightingale and all of Nightingale Street NW runoff. This pond would be outletted by an overflow ditch which would connect to Wetland E. .., LJ ...., LJ ...., u .., -5- 10832 u ..., L.J .., L.J Wetland G ..., This wetland/pond originally handled the runoff from the Hidden Creek East projects. It then was expanded due to the additional storm runoff added from Commercial Boulevard NW, City Project 92-27, completed in the Spring/Summer of 1994. L.J .., w Wetlands H and I ..., L.J These wetland areas are protected by the DNR who will not allow any storm runoff from south of Bunker Lake Boulevard NW due to contaminants. These areas are located north of Bunker Lake Boulevard NW and are shown on the drawing only by letter to indicate location. ..., LJ ..., w Improvements ..., A. Commercial Boulevard NW LJ The proposed project would include right-of-way grading, street and utility improvements on Commercial Boulevard NW from a point about 1,320 feet west of Jay Street to Thrush Street NW, located in the North 1/2 of the SW 1/4 of Section 34-32-24. Commercial Boulevard NW extension would connect the existing Commercial Boulevard NW to 136th Avenue NW to make this the Commercial Park's primary east-west circulation corridor. ..., LJ .., L.J ..., 1 . Streets LJ The City has a 40 foot right-of-way from Thrush Street NW to approximately 650 feet east. An additional 50 feet in width to the north would be required in this area to make a 90 foot right-of-way (See Drawing No.1). ..., LJ .., It is proposed to acquire right-of-way for the improvements. the Rest of Commercial Boulevard NW extension would have a 100 foot right-of-way. LJ ..., The proposed roadway would be a 4-lane divided 9-ton design with a design speed of 35 mph, with concrete curb and gutter and concrete median and designed in accordance with State Aid Standards. See Drawing No.6 for the typical section. LJ ,.., LJ Turn lanes and median openings would be constructed; locations to be determined during the final design. ..., LJ ,.., LJ ..., LJ ..., -6- 10832 L.J .., L-.I ..., L-.I ..., ..J ..., Ll ..., ,-J ..., L.I ..., L-.I ..., LJ ..., ..J ..., u ..., ..J ..., L-.I ..., L-.I ..., .,J .., LJ r, L-.I .., ..J ..., w .., L-.I 2. Storm Sewer Storm runoff would be collected at catch basins along Commercial Boulevard NW as shown in Drawing No.2. Parcels will be required to control the increased runoff rates and volumes due to development and not exceed capacities of the downstream facilities. The stonn sewer pipe would be sized to handle the drainage from Jay Street NW to Thrush Street NW. Additional ponding will be included in the development of these areas as shown by dashed lines on Drawing No.2. The area from Jay Street NW to Thrush Street NW would drain to the Commercial Park Pond with the exception of two through catch basins by the Hidden Creek Pond. This is shown on Drawing No.2. Commercial Park Pond flows eventually to Coon Creek as shown on Drawing NO.3. 3. Sanitary Sewer It is proposed to construct a 10" sanitary sewer from the existing sewer at Thrush Street NW and 136th Avenue NW east along the alignment of Commercial Boulevard to the point of first connections, then extend an 8" sanitary sewer along the remaining portion of Commercial Boulevard as shown on Drawing No.4. 8" sanitary services would be constructed to the lots north and south of Commercial Boulevard NW. 4. Watermaln It is proposed to construct 12" watermain from the stub at the existing Commercial Boulevard NW to a connection at Thrush Street NW. See Drawing No.5. 6" watermain stubs would be constructed due to industrial zoning and large size of parcels to the north and south of Commercial Boulevard NW. Fire hydrants will be installed to provide adequate fire protection. B. Nightingale Street NW The proposed project would include pond excavation, street and utility improvements from the proposed Commercial Boulevard NW to Bunker Lake Boulevard NW (Co. Rd. 116) located in the NE 1/4 of the SW 1/4 of Section 34- 32-24, Andover, Minnesota. -7- 10832 " u " u Nightingale Street NW would divide the commercial property from Bunker Lake Boulevard NW to proposed Commercial Boulevard NW and provide another north-south circulation corridor. " u 1 . Streets ...., u It is proposed to acquire right-of-way for the improvements. The right-of- way width would be 66 feet. See Drawing No.1. -, u The proposed roadway would be two lane, 9-ton design with a 30 mph design speed. See Drawing No.6 for the typical section. .., u 2. Storm Sewer .., Storm runoff would be collected at catch basins along Nightingale and discharge into a holding pond. See Drawing NO.2. The pond would have an outlet ditch to another holding pond by the proposed Quinn Street NW, eventually connecting to Commercial Park Pond. Easements or the purchase of this land would be required. u .., o...J .., u 3. Sanitary Sewer .., North of the proposed Commercial Boulevard NW, 8" sanitary sewer would be constructed with a connection to existing sanitary sewer north of Bunker Lake Boulevard. See Drawing No.4. A jacking would be required to make this connection. The existing trunk sanitary sewer flows west along the north side of Bunker Lake Boulevard NW. u .., '..J .., 8" sanitary services would be constructed both east and west of Nightingale Street NW. u 4. Watermaln .., .., It is proposed to construct 10" watermain from a connection at the proposed Commercial Boulevard NW to a connection on the north side of Bunker Lake Boulevard NW. A jacking would be required under Bunker Lake Boulevard NW. See Drawing No.5. -l u ...., 6" watermain stubs would be constructed due to the industrial zoning and large size of the parcels east and west of Nightingale Street NW. Fire hydrants will be installed to provide adequate fire protection. u .., u .., u " u " -8- 10832 u -, u -, u -, '-.J -, '-.J -, w -, L.J ..., :-l ..., :...J ,...., L.J ..., L.J ,..., L.J ...., u ..., :...J ...., u ,..., u ...., u ,..., u ..., u ...., u C. Quinn Street NW The proposed project would include pond excavation, street and utility improvements on Quinn Street NW from the proposed Commercial Boulevard NW to Bunker Lake Boulevard NW. This is located in the NE 1/4 of the SW 1/4 of Section 34-32-24, Andover, Minnesota. Quinn Street NW would divide the commercial property from Bunker Lake Boulevard to the proposed Commercial Boulevard NW and provide another north-south circulation corridor. 1 . Streets It is proposed to acquire right-of-way for the improvements. The right-of- way width would be 66 feet. See Drawing NO.1. The proposed roadway would be a two-lane 9-ton design with a 30 mph design speed. See Drawing No.6 for the typical section. 2. Storm Sewer Storm runoff would be collected at catch basins along Quinn Street NW as shown on Drawing No.2. This stormwater would be discharged into a holding pond and then outlet eventually to the Commercial Park Pond by pipe. Pond excavation will be required to hold the discharge. Additional easements or land acquisition are needed for this ponding. 3. Sanitary Sewer North of Commercial Boulevard NW, 8" sanitary sewer would be constructed with a connection to the sanitary sewer north of Bunker Lake Boulevard NW. The sanitary sewer would flow north on Quinn Street NW across Bunker Lake Boulevard NW, then flow west along Bunker Lake Boulevard NW. A jacking would be required under Bunker Lake Boulevard NW. . 8" sanitary sewer would be constructed to serve the middle commercial lots on Quinn Street NW. 4. Watermaln It is proposed to construct 10" watennain at a connection on the proposed 12" watermain on Commercial Boulevard NW, north on Quinn Street NW to a connection on the north side of Bunker Lake Boulevard NW. A jacking would be required under Bunker Lake Boulevard. This watennain would eventually be looped by the proposed frontage roads (See Drawing No.5). -9- 10832 ..., L.J ..., u ..., LJ ..., u ..., u ..., u ..., u ..., L.J ..., L.J ..., L.J ..., LJ ..., L.J --, u ..., "-.1 ..., L.J ..., u ,.., u ..., u '1 u 6" watermain stubs would be constructed due to the industrial zoning and large size of the parcels to the middle commercial lots on Quinn Street NW. Fire hydrants will be installed to provide fire protection. D. Jay Street NW The proposed project would include street and utility improvements on Jay Street NW between Commercial Boulevard NW and Bunker Lake Boulevard NW located in the North 1/2 of the SE 1/4 of Section 34-32-24, Andover, Minnesota. Rebuilding Jay Street NW would improve the aesthetics of the area as well as service the surrounding businesses. The original Jay Street surfacing was done in 1975. The improvement of Jay Street south of Bunker Lake Boulevard was addressed in City Project 89-13. 1 . Streets The right-of-way would remain the same at 60 feet. See Drawing NO.1. The roadway would remain a two-lane but the street section would be improved. The roadway would be a 9-ton design with a 30 mph design speed. See Drawing No.6 for the typical section. 2. Storm Sewer Storm runoff would be collected at catch basins on Jay Street, then be piped down the Frontage Road to Nightingale Street NW to the holding pond, eventually making its way to Commercial Park Pond and to Coon Creek, as shown on Drawings Nos. 2 and 3. 3. Sanitary Sewer North of Commercial Boulevard NW, 8" sanitary sewer would be constructed with a drop connection to a manhole at Jay Street NW and Bunker Lake Boulevard South Frontage Road. See Drawing NO.4. The sanitary sewer will flow north across Bunker Lake Boulevard NW then west, parallel to Bunker Lake Boulevard NW. 8" sanitary services would be constructed to service lots on the east and west sides of Jay Street NW. 4. VVatermaln It is proposed to construct 10" watermain on Jay Street NW from a connection by Commercial Boulevard NW to a connection at Bunker Lake Boulevard South Frontage Road. See Drawing No.5. -10- 10832 .., :..J .., LJ .., L..J .., E. ~ .., :..J .., ~ .., :..J ..., LJ .., LJ .., LJ .., LJ .., LJ ..., L..J ..., LJ .., LJ ...., LJ ,...., :..J n LJ .., u 6" watermain stubs would be constructed due to the industrial zoning and large size of the parcels on the east and west sides of Jay Street NW. Fire hydrants will be installed to provide adequate fire protection. Frontage Road (Jay Street NW to Nightingale Street NW) The proposed project would include street and utility improvements on the Frontage Road of Bunker Lake Boulevard NW that extends from Jay Street NW to Nightingale Street NW, located in the North 1/2 of the SE 1/4 of Section 34-32- 24, Andover, Minnesota. The Frontage Road would make businesses more accessible along Bunker Lake Boulevard NW and relieve traffic congestion. 1 . Streets It is proposed to acquire a right-of-way for the improvements. The right-of- way width would be 87 feet. See Drawing No.1. The proposed roadway would be two lane 9-ton design with a 30 mph design speed. See Drawing No.6 for typical section. 2. Storm Sewer Storm runoff would be collected at catch basins along the Frontage Road along with the runoff from Jay Street NW to the proposed Nightingale Street NW into the holding pond, eventually making its way to Quinn Street pond, then into Commercial Park Pond and Coon Creek. See Drawing Nos. 2 and 3. 3. Sanitary Sewer There is an existing sanitary sewer located between Jay Street NW and the proposed Nightingale Street NW. This would be extended east and west with an 8" sanitary sewer to serve the parcels to the east and west of this area (See Drawing No.4). 8" sanitary services would be constructed to the commercial lots on the south side of the Frontage Road. 4. Watermaln It is proposed to construct 10" watermain on the Frontage Road from Jay Street NW to the existing 8" watermain approximately 460 feet west of Jay Street NW. Also, a connection would be made at Nightingale Street NW to the existing 8" watermain located approximately 520 feet east of the proposed Nightingale Street NW. -11- 10832 .., LJ ...., LJ ..., L...J ...., F. L...J ..., L...J ..., ~ ..., u ..., L...J ,..., LJ ..., LJ ,.., ~ ..., L...J ..., LJ ..., U ,..., LJ .., U ,..., U ...., U ,..., U 6" watennain stubs would be constructed due to the industrial zoning on the south side of the Frontage Road. Hydrants are already located on the north and south side of Bunker lake Boulevard NW. Frontage Road (Nightingale Street NW to Quinn Street NW) The proposed project would include street and utility improvements on the Bunker lake Boulevard Frontage Road from Nightingale Street NW to Quinn Street NW located in the NE 1/4 of the SW 1/4 of Section 34-32-24, Andover, Minnesota. The Frontage Road would make businesses more accessible along Bunker lake Boulevard NW and relieve traffic congestion. 1 . Streets It is proposed to acquire right-of-way for the improvements. The right-of- way width would be 87 feet. See Drawing No.1. The proposed roadway would be two lane 9-ton design with 30 mph design speed. See Drawing No.6 for the typical section. 2. Storm Sewer The collection of runoff would occur at catch basins on the east and west sides of this Frontage Road by Nightingale Street NW and Quinn Street NW. The runoff to Nightingale Street NW will go to the holding pond along Nightingale Street. The runoff toward Quinn Street NW will go to the holding pond along Quinn Street NW. These ponds will be connected to the Commercial Park Pond and drain to Coon Creek. See Drawing No.2. 3. Sanitary Sewer East of proposed Quinn Street NW 400 feet. 8" sanitary sewer would be constructed with a connection to a sanitary sewer proposed on Quinn Street NW. This then flows across Bunker lake Boulevard NW, west and parallel to Bunker lake Boulevard NW. See Drawing No.4. 8" sanitary service would be constructed to the lots on the south side of the Frontage Road. 4. Watermaln It is proposed to construct 10" watermain on this portion of the Frontage Road with connections at the proposed watennain on Nightingale Street NW and Quinn Street NW. See Drawing No.5. -12- 10832 ...., LJ ,..., LJ 6" watermain stubs would be constructed due to the industrial zoning on the south side of the Frontage Road. A fire hydrant will be installed to provide adequate fire protection. ,..., LJ :"""l Site Grading LJ ..., LJ Site grading within the NE 1/4 of the SW 1/4 of Section 34 will provide for favorable grades on the lots abutting the proposed street improvements (See Drawing No.7). Buffer zones should be provided along the perimeter of Commercial Park for general landscaping and transition from commercial property abutting the residential development. ,..., LJ ,..., Initiation LJ The City Council, by resolution, authorized the preparation of this feasibility report of Commercial Park improvements. ,..., u This report is to separate and identify the Commercial Boulevard, Quinn and Nightingale Streets projects. The intersecting streets and South Frontage Road shall be included as future potential streets for overall planning purposes. ,.., u ...., Feasibility u ,..., The project is feasible. u ...., Rlght-of-way/Easements u All rights-of-way and easements required for utilities and ponding must be obtained or dedicated as a part of platting. Additional utility and drainage easements may be required based upon final design. ...., u ,..., u Permits ,..., u Permits will be required from the Coon Creek Watershed District, the Department of Natural Resources and/or Corps of Engineers for drainage improvements and work within wetland areas; from the Minnesota Pollution Control Agency (MPCA) and the Metropolitan Council Wastewater Operations (MCWO) for sanitary sewer extensions, from the Minnesota Department of Health for watermain extensions, and from the Anoka County Highway Department for work within County Highway right-of-way. Approval of plans and specifications by MnDOT State Aid Division will also be required. ,..., LJ ,.., LJ ,..., LJ ...., -13- 10832 LJ ,., LJ ,., LJ ..., LJ -, LJ ., LJ -, LJ ,., L.J ., LJ ,.., L.J ,., LJ ,.., L-l ,.., LJ ,., LJ ,.., LJ n LJ ,., L.J n u ,., LJ ,., u Estimated Project Cost Included in Appendix of this report is a detailed estimate of construction costs for the street and utility improvements. The costs quoted herein are estimates only and not guaranteed prices. Final contracts will be awarded on a unit price basis. The Contractor will be paid only for work completed. The estimated costs for Andover Commercial Park development, City Project 94-33, are shown on Table 1. Financing and Estimated Assessable Cost It is proposed to finance the project by a combination of Tax Increment Financing (TIF) Funds and assessment to the benefitting properties as follows: 1. Commercial Boulevard Improvements Commercial Boulevard, Quinn, Nightingale and Frontage Road within 34-32-24- 31 and 32 will be assessed 50% spread on the area available for development and 50% from TIF Funds. 2. Nightingale (Commercial Boulevard to Bunker Lake Boulevard) It is proposed to assess 25% of the cost for utility and street improvements to the abutting parcels along the east side on a front foot basis. Comer lots previously assessed for utility and street improvements will not be included in this assessment. 25% of the cost will be apportioned to areas west to be included in Commercial Park. 3. Frontage Road (Jay to Nightingale) It is proposed to assess 25% of the cost for utility and street improvements to the abutting parcels on a front foot basis. 75% of the cost would come from TIF funds because of one-sided frontage. Jay Street Improvements 4. It is proposed to assess 50% of the cost for utility and street improvements to the abutting parcels on a front foot basis. 50% of the costs would come from TIF Funds. Comer lots previously assessed for utility and street improvements will not be included in this assessment. -14- 10832 " Ll " LJ Total Project Cost Summary " The proposed assessments are shown on the attached Preliminary Method of Assessment. LJ " 1. Commercial Boulevard NW LJ (Area Basis of 33.33 acres available for development after rights-of-way, utility and ponding acquisitions within the NE 1/4 of the SW 1/4 of Section 34 and the NE 1/4 of the NW 1/4 of the SW 1/4 of Section 34). ., LJ n Streets Storm Sewer Sanitary Sewer Watermain Site Grading City TI F Cost $378,170 79,885 133,965 88,374 107,250 Assessable Cost Total Cost n LJ LJ $337,350 70,070 117,683 77,942 107,250 $715,520 149,955 251,648 166,316 214,500 ., LJ r-, 2. Nightingale Street LJ n (Assess 25% of cost to benefitted frontage along east side, remaining included in the area assessed): Assessed Cost LJ ,..., LJ Streets Storm Sewer Sanitary Sewer Watermain $40,820 9,815 16,282 10,432 ...., LJ ,.., 3. Frontage Road (Jay to Nightingale Street) (Assess 25% of cost due to one side frontage and 75% TIF Cost) LJ ..., Assessable City TIF Cost Cost T otar Cost Streets $107,348 $35,782 $143,130 Storm Sewer 36,270 12,090 48,360 Sanitary Sewer 18,428 6,142 24,570 Watermain 22,522 7,508 30,030 LJ n LJ n LJ ,..., LJ r-, LJ ..., -15- 10832 LJ " Ll ..., Ll ..., LJ .. Ll -, Ll n Ll n Ll ..., u n u ..., u ..., 1.J ..., u n Ll ..., Ll n u n Ll ..., u n u ...., LJ 4. Jay Street (Assess 50% of cost to benefitted frontage and 50% City TIF cost) Assessable City TIF Cost Cost Total Cost Streets $72,215 $72,215 $144,430 Storm Sewer 8,190 8,190 16,380 Sanitary Sewer 21,320 21,320 42,640 Watermain 16,575 16,575 33,150 Proposed Project Time Schedules 1. City Council receives feasibility report. August 1, 1995 2. City Council orders project and authorizes preparation plans and specifications. September 5, 1995 3. Engineer submits plans to Council receives authorization to advertise for bids. January 2, 1996 4. Advertise in official newspaper. January 5 and 12, 1996 5. Advertise in Construction Bullitan January 5 and 12, 1996 6. Open bids. Februarry 1, 1996 7. City Council receives bids and awards contract. February 6, 1996 8. Begin construction. April 1, 1996 9. Complete construction. 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I f.gL f-- I~ ~ f- --i ~ I' I ~ f- ,---J ~ f-- ~ + r- I t--i <t I~! t= I h'j'.IILr- ~ f- V~ /!!i..g Nl1llVW - "g /~'l" ~ ~/ '" /, lK ... i~ // ~;-- r<) I!~ 8 I~~ I'") ~ I O. I UJ v I I Z i(----~: I'") ( '7 ~\\, ! ~~~-- ----h : 1 MN 133a1S NNlno I , 1 9100-11: I I VOOO-1\: \;000-1 1 000 -I I: ,,: i I .... \U MN 13311LS AVr I f- N o o o I l~ 01 o o o I N .... ~ C o ~ o ::> 00 laI N .... ~ U e:: w ::I ::I o U !~ g Ie:: 'i' ,.... l~ ~ g o ! ~ vOOO- GVlK ~ .... ... ~UUU-IGj?lK c ~ ::> o aI W S >I< lD o o o I N .... co o o o I N .... I ! \ . MN 'lS 31'VDNI1HDIN ,--- I- , ,.- ( : I , , -, r<-" L- >1<8 o ' o I I '- - , " ! J i MN'15 3"M>NUHDIN "- , \ \ I , .......-... ~ e:: w :.:: 2: ::> aI o o o o ~ W 0:: ..., !!: !!: ~ .~ - li=... ~ ~ - ~ f.C-- ~ -- ~ / >l<co I g I ~~ I~ o 'J/) .!. 1--- I'") - ( [ i (,"00." I i I 1\ ~ -:;~:=- I I, " II LJ \. I I i \ ......, : I " 9000r'<:I:' \ I 1 \ // i, I I i \ " : I . I : i _ '- MN ~lS Hsn~~1 f L _ _ ~ '<t ,........., W "-\. ~ ~ i. I ~\ ~ * L/ )i I ~i GIOO II: {t (f) a::: w ---- OJ '""I- ~ :::) Z r Z .-- - CL ~ ~"",N 133a1S Hsn~Hl ~'$~ ~~ ....':i /"- L.. ~ . . I " ~~ MN 133a1S ~30NV1dn z ~ ~ 0::: <( a.. --I <(z U::E 0::: CO w .. . ""'II:::: 0::: 0 ~w z O~ '-' UC gs Z 0:::<( w > o o z <( o w 5~ ~ 0::: La.. U =>0 G:!l. ~ (/)~ Zw- o w ~uO::: Z Q O:::ww w w.....> .11.....0 '-' ~ 01- 0 W -: O:::>-z .....J 11.11. lD <C o 0)1( o o I N r') I v N I N r<) I '<t r<) ~~ g ~g ~ ~~ ~ >(1') < L.{') a~ ~ Ol ~~ ~ ;:::- ><V> .< ~o g~ VI a:: N W r<) 2 ex) :5 0 0.. ~H: u ~ 8 ~~ E-t~ L=l E:J E:::J E=J L=l E=:t E=::3 c=l E...=.J L..J LJ L.J L.J C.=3 E=l [=.J r:= ~l r =) E=J .., LJ ..., APPENDIX LJ .., LJ PRELIMINARY CONSTRUCTION COST ESTIMATES .., LJ An estimate of construction costs has been prepared for each segment of proposed improvements as shown in the following tabulation: .., Ll A. Commercial Boulevard NW (Thrush Street to Nightingale Street) .., Ll B. Nightingale Street NW (Commercial Boulevard to Bunker Lake Boulevard) .., C. Quinn Street NW (Commercial Boulevard to Bunker Lake Boulevard). :...J D. Frontage Road (Nightingale Street to Quinn Street). E. Frontage Road (Jay Street to Nightingale Street). .., LJ .., F. Jay Street (Commercial Boulevard to Bunker Lake Boulevard). ;...j G. Site Grading (NE1/4 of SW1/4 of Section 34,T32,R24). .., LJ .., LJ .., LJ .., LJ .., LJ .., LJ .., :...J .., L..J .., LJ .., L..J A-1 10832 .., LJ .., LJ A. .., u COMMERCIAL BOULEVARD NW (THRUSH STREET TO NIGHTINGALE STREET) 1. STREET CONSTRUCTION .., Item No. Description Price LJ .., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 u .., LJ .., u .., LJ .., u .., LJ n u ,..., u .., LJ .., u ..., u ..., u ..., u .., u ..., u Unit Quantity Clearing 25.0 EA Grubbing 25.0 EA Rem/Disp Existing Bituminous 160.0 SY Rem/Disp Existing Concrete Curb 40.0 LF Common Excavation 7,500.0 CY B624 Concrete Curb & Gutter 4,800.0 LF B612 Concrete Curb & Gutter 3,980.0 LF Subgrade Preparation 22.0 RS Bituminous Base Course 1,650.0 TN Bituminous Binder Course 1,650.0 TN Aggregate Base 8,100.0 TN Bituminous Wear Course 1,236.0 TN Bituminous Material for Tack 1,350.0 GA Pavement Markings 1.0 LS Seed 1.6 AC Topsoil Borrow 840.0 CY Traffic Signs 75.0 SF Concrete Median (4") 2.050.0 SY Subtotal Contingencies (approx. 10%) Total Construction Cost - Streets A-2 Amount $ 50.00 50.00 3.00 4.50 2.50 6.50 5.00 150.00 21.00 21.50 7.50 24.00 1.50 6,000.00 1,000.00 7.50 28.00 15.00 $1,250.00 1,250.00 480.00 180.00 18,750.00 31,200.00 19,900.00 3,300.00 34,650.00 35,475.00 60,750.00 29,664.00 2,025.00 6,000.00 1,600.00 6,300.00 2,100.00 30.750.00 $285,624.00 28.576.00 $314,200.00 10832 ,..., u A. COMMERCIAL BOULEVARD NW (THRUSH STREET TO NIGHTINGALE STREET) ..., LJ 2. STORM SEWER CONSTRUCTION ,..., Item Unit LJ No. Description Quantity Price Amount ,..., 1 Connect to Existing Storm Sewer 1.0 EA $ 600.00 $ 600.00 LJ 2 12" RCP Class 5 Stonn Sewer 210.0 LF 18.00 3,780.00 3 15" RCP Class 5 Stonn Sewer 683.0 LF 20.00 13,660.00 ,..., 4 27" RCP Class 3 Stonn Sewer 480.0 LF 26.00 12,480.00 5 36" RCP Class 3 Stonn Sewer 70.0 LF 62.00 4,340.00 L.l 6 42" RCP Class 3 Stonn Sewer 34.0 LF 70.00 2,380.00 ,..., 7 15" Flared End Section 2.0 EA 680.00 1,360.00 8 42" Flared End Section 1.0 EA 1,700.00 1,700.00 LJ 9 4' Catch Basin-Manhole 3.0 EA 1,150.00 3,450.00 ,..., 10 6' Catch Basin-Manhole 2.0EA 2,400.00 4,800.00 11 Cone Type Catch Basin 3.0 EA 950.00 2,850.00 LJ 12 Cable Concrete 448.0 SF 8.00 3,584.00 ,..., 13 Storm Manhole 4' 1.0 EA 1.100.00 1.100.00 LJ Subtotal $56,084.00 Contingencies 5.616.00 ,..., LJ Estimated Construction Cost - Storm Sewer $61,700.00 ,..., ....J ,..., U ,..., LJ ,..., ..J ,..., L.l ,..., LJ ,..., LJ .., U ,..., LJ ...., A-3 10832 LJ ., LJ ., LJ A. COMMERCIAL BOULEVARD NW (THRUSH STREET TO NIGHTINGALE STREET) ., 3. SANITARY SEWER CONSTRUCTION LJ ., Item Unit No. Description Quantity Price Amount LJ ..., 1 Mobilization 1.0 LS $15,000.00 $15,000.00 2 Clearing 50.0 EA 50.00 2,500.00 u 3 Grubbing 50.0 EA 50.00 2,500.00 4 Connect to Existing Sanitary Sewer 1.0 EA 600.00 600.00 ., 5 8" PVC SDR 35 SS 0-10' 660.0 LF 15.00 9,900.00 LJ 6 8" PVC SDR 35 SS 10-12' 146.0 LF 15.50 2,263.00 7 8" PVC SDR 35 SS 12-14' 170.0 LF 16.00 2,720.00 .., 8 8" PVC SDR 35 SS 14-16' 66.0 LF 16.50 1,089.00 LJ 9 8" PVC SDR 35 SS 16-18' 115.0 LF 17.00 1,955.00 10 8" PVC SDR 35 SS 18-20' 130.0 LF 20.00 2,600.00 ., 11 8" PVC SDR 35 SS 20-22' 35.0 LF 22.00 770.00 LJ 12 10" PVC SDR 35 SS 0-10' 690.0 LF 22.00 15,180.00 13 10" PVC SDR 35 SS 10-12' 210.0 LF 24.00 5,040.00 .., 14 Silt Fence 100.0 LF 3.00 300.00 LJ 15 Standard 4' Diameter Manhole 7.0 EA 1,400.00 9,800.00 16 Extra Depth Manhole 11 .4 LF 80.00 912.00 ., 17 Televise Sanitary Sewer 1,700.0 LF 0.70 1,190.00 LJ 18 Outside Drop, 0-8' 5.0 EA 1,200.00 6,000.00 19 Extra Depth Outside Drop 14.2 LF 80.00 1.136.00 " LJ Subtotal $81,455.00 Contingencies 8.145.00 ., LJ Estimated Construction Cost - Sanitary Sewer $89,600.00 -, :..J ., . LJ .., LJ ., LJ ., LJ ., LJ A-4 10832 ., LJ ,., LJ ,., LJ A. COMMERCIAL BOULEVARD NW (THRUSH STREET TO NIGHTINGALE STREET) ~ ;,j 4. WATERMAIN CONSTRUCTION Item Unit No. Description Quantity Price Amount 1 Connect to Existing Watennain 2.0EA $ 350.00 $ 700.00 2 6" DIP Class 50 Watermain 530.0 LF 14.00 7,420.00 3 12" DIP Class 50 Watennain 2,160.0 LF 21.00 45,360.00 4 6" MJ Gate Valve 11.0 EA 400.00 4,400.00 5 12" MJ Butterfly Valve 4.0 EA 790.00 3,160.00 6 MJ DIP Fittings 1,610.0 LB 1.80 2,898.00 7 6" MJ Hub Hydrants 4.0EA 1.250.00 5.000.00 Subtotal - Watermain $68,938.00 Contingencies 6.862.00 Estimated Construction Cost - Watermain $75,800.00 u ,., ~ LJ ,., LJ ,., LJ ~ u ,., ;,j ,., LJ ,., ;,j ,., LJ ~ LJ ~ LJ ~ LJ ,., LJ ,., LJ ,., u " A-5 10832 u ., u ,., u B. NIGHTINGALE STREET NW (COMMERCIAL BOULEVARD TO BUNKER LAKE BOULEVARD)) 1. STREETS Item Unit No. Description Quantity Price Amount 1 Clearing 5.0EA $ 50.00 $250.00 2 Grubbing 5.0 EA 50.00 250.00 3 Rem/Disp Existing Bituminous 23.0 SY 3.00 69.00 4 B624 Concrete Curb & Gutter 2,600.0 LF 6.50 16,900.00 5 Common Borrow (On Site) 12,500.0 CY 2.50 31,250.00 6 Aggregate Base 2,880.0 TN 7.50 21,600.00 7 Subgrade Preparation 12.0 RS 100.00 1,200.00 8 Bituminous Base Course 588.0 TN 21.00 12,348.00 9 Bituminous Binder Course 588.0 TN 21.50 12,642.00 10 Bituminous Wear Course 440.0 TN 24.00 10,560.00 11 Bituminous Material for Tack 480.0 GA 1.50 720.00 12 Pavement Markings 1.0 LS 1,000.00 1,000.00 13 Seed 0.8AC 1,000.00 800.00 14 Topsoil Borrow 426.0 CY 7.50 3,195.00 15 Traffic Si9ns 50.0 SF 28.00 1.400.00 Subtotal $114,184.00 Contingencies 11.416.00 Estimated Construction Costs - Street $125,600.00 ,., LJ ,., ~ ., u ., LJ ., LJ ., LJ ,., L.J ., LJ r1 LJ ,..., L.J ., L.J ., LJ ,., o .., L.J ,., LJ ., LJ ., A-6 10832 L.J ..., u ..., u B. NIGHTINGALE STREET NW (COMMERCIAL BOULEVARD TO BUNKER LAKE BOULEVARD) ..., u 2. STORM SEWER CONSTRUCTION Item Unit No. Description Quantity Price Amount 1 12" RCP Class 5 Storm Sewer 72.0 LF 18.00 1,296.00 2 15" RCP Class 5 Storm Sewer 400.0 LF 20.00 8,000.00 3 18" RCP Class 3 Storm Sewer 400.0 LF 22.00 8,800.00 4 24" RCP Class 3 Storm Sewer 60.0 LF 26.00 1,560.00 5 24" Flared End Section 1.0 EA 800.00 800.00 6 Cone Type Catch Basin 2.0 EA 950.00 1,900.00 7 4' Diameter Catch Basin-Manhole 2.0 EA 1,150.00 2,300.00 8 Storm Sewer Manhole 4' 1.0 EA 1,100.00 1,100.00 9 Cable Concrete 192.0 SF 8.00 1,536.00 10 Silt Fence 50.0 LF 3.00 150.00 Subtotal $27,442.00 Contingencies 2.758.00 Estimated Construction Cost - Storm Sewer $30,200.00 u ..., u ..., ..., u ..., u ..., u ..., u ..., u ..., u ..., u ..., u ,., u ..., u ..., u ..., u ..., u ..., A-7 10832 u ~ LJ ~ LJ B. NIGHTINGALE STREET NW (COMMERCIAL BOULEVARD TO BUNKER LAKE BOULEVARD) ..., w 3. SANITARY SEWER CONSTRUCTION ~ Item Unit LJ No. Description Quantity Price Amount .., 1 Jacking 8" DIP CI 50 thru Casing 120.0 LF $ 22.00 $ 2,640.00 LJ 2 16" Casing Pipe 100.0 LF 112.00 11,200.00 3 Clearing 5.0EA 50.00 250.00 ~ 4 Grubbing 5.0 EA 50.00 250.00 u 5 Const MH over Existing 1.0 EA 5,000.00 5,000.00 6 8" PVC SDR 35 SS 0-10' 282.0 LF 15.00 4,230.00 ~ 7 8" PVC SDR 35 SS 10-12' 116.0 LF 15.50 1,798.00 u 8 8" PVC SDR 35 SS 12-14' 115.0 LF 16.00 1,840.00 9 8" PVC SDR 35 SS 14-16' 300.0 LF 16.50 4,950.00 ..., 10 Standard 4' Diameter Manhole 3.0 EA 1,400.00 4,200.00 LJ 11 Extra Depth Manhole 11.0 LF 80.00 880.00 12 Televise Sanitary Sewer 400.0 LF 0.70 280.00 ..., 13 Outside Drop, 0-8' 6.0 EA 1,200.00 7,200.00 u 14 Extra Depth Outside Drop 10.5 LF 80.00 840.00 ..., Subtotal $45,558.50 u Contingencies 4.542.00 r-, Estimated Construction Cost - Sanitary Sewer $50,100.00 u ~ u ..., LJ ~ U ..., U ..., U r-, LJ ..., U " A-8 10832 LJ .., LJ .., LJ B. NIGHTINGALE STREET NW (COMMERCIAL BOULEVARD TO BUNKER LAKE BOULEVARD) .., LJ 4. WATERMAIN CONSTRUCTION Item Unit No. Description Quantity Price Amount 1 Connect to Existing Watermain 1.0 EA $ 350.00 $ 350.00 2 6" DIP Class 50 Watermain 120.0 LF 14.00 1,680.00 3 10" DIP Class 50 Watermain 1,300.0 LF 16.00 20,800.00 4 6" MJ Hub Hydrant 2.0EA 1,250.00 2,500.00 5 MJ DIP Fittings 650.0 LB 1.80 1,170.00 6 6" MJ Gate Valve 4.0 EA 400.00 1,600.00 7 10" MJ Gate Valve 2.0 EA 550.00 1.100.00 Subtotal $29,200.00 Contingencies 2.900.00 Estimated Construction Cost - Watermain $32,100.00 .., LJ ...., LJ .., LJ .., L.J .., LJ .., LJ .., LJ " LJ .., LJ .., LJ .., LJ " u .., u " LJ ,., u ,., A-9 10832 LJ ..., LJ ..., u C. QUINN STREET NW (COMMERCIAL BOULEVARD TO BUNKER LAKE BOULEVARD) 1. STREET CONSTRUCTION Item Unit No. Description Quantitv Price Amount 1 Clearing 5.0 EA $ 50.00 $250.00 2 Grubbing 5.0 EA 50.00 250.00 3 Rem/Disp Existing Bituminous 23.0 SY 3.00 69.00 4 Rem/Disp Existing Concrete Curb 30.0 LF 4.50 135.00 5 Common Borrow (On Site) 2,100.0 CY 2.50 5,250.00 6 B624 Concrete Curb & Gutter 1,400.0 LF 6.50 9,100.00 7 Aggregate Base 1,680.0 TN 7.50 12,600.00 8 Subgrade Preparation 7.0 RS 100.00 700.00 9 Bituminous Base Course 344.0 TN 21.00 7,224.00 10 Bituminous Binder Course 344.0 TN 21.50 7,396.00 11 Bituminous Wear Course 257.0 TN 24.00 6,168.00 12 Bituminous Material for Tack 140.0 GA 1.50 210.00 13 Seed 0.5AC 1,000.00 500.00 14 Topsoil Borrow 260.0 CY 7.50 1,950.00 15 Pavement Markings 1.0 LS 1,000.00 1,000.00 16 Traffic Signs 40.0 SF 28.00 1.120.00 Subtotal $53,922.00 Contingencies 5.378.00 Estimated Construction Cost - Streets $59,300.00 ..., LJ ..., LJ ..., LJ ..., LJ ..., LJ ..., u ,.., LJ ..., u ..., u ..., u ..., LJ ..., LJ ..., u ..., u ..., LJ ..., u ..., A-10 10832 LJ .-, u .-, LJ C. QUINN STREET NW (COMMERCIAL BOULEVARD TO BUNKER lAKE BOULEVARD) .-, LJ 2. STORM SEWER CONSTRUCTION Item Unit No. Descriotion Quantity Price Amount 1 12" RCP Class 5 Storm Sewer 72.0 LF 18.00 1 ,296.00 2 15" RCP Class 5 Storm Sewer 288.0 LF 20.00 5,760.00 3 24" RCP Class 3 Storm Sewer 310.0 LF 26.00 8,060.00 4 15" Flared End Section 1.0 EA 680.00 680.00 5 Cone Type Catch Basin 2.0 EA 950.00 1,900.00 6 4' Diameter Catch Basin-Manhole 2.0 EA 1,150.00 2,300.00 7 Storm Sewer Manhole 4' 1.0 EA 1,100.00 1,100.00 8 Cable Concrete 128.0 SF 8.00 1,024.00 9 Silt Fence 50.0 LF 3.00 150.00 10 Control Structure 1.0 EA 2.000.00 2.000.00 Subtotal $24,270.00 Contingencies 2.430.00 Estimated Construction Cost - Storm Sewer $26,700.00 ..., LJ .-, u ..., u ..., LJ ..., u .-, LJ .-, :...J ..-, LJ .-, LJ ..., LJ ,.., ...J ,.., u ..., u ,.., u ..., LJ " A-11 0832 LJ " u ..., u C. QUINN STREET NW ..., (COMMERCIAL BOULEVARD TO BUNKER LAKE BOULEVARD) u 3. SANITARY SEWER CONSTRUCTION ..., Item Unit L.J No. Description Quantity Price Amount ..., 1 Jacking 8" DIP CI 50 thru Casing 120.0 LF $ 22.00 $ 2,640.00 LJ 2 16" Casing Pipe 100.0 LF 112.00 11,200.00 3 Mobilization 1.0 LS 8,000.00 8,000.00 ..., 4 Clearing 5.0EA 50.00 250.00 L.J 5 Grubbing 5.0 EA 50.00 250.00 6 Const MH over Existing 1.0 EA 5,000.00 5,000.00 ..., 7 8" PVC SDR 35 SS 0-10' 70.0 LF 15.00 1,050.00 L.J 8 8" PVC SDR 35 SS 12-14' 130.0 LF 16.00 2,080.00 9 8" PVC SDR 35 SS 14-16' 120.0 LF 16.50 1,980.00 ..., 10 8" PVC SDR 35 SS 16-18' 30.0 LF 18.00 540.00 u 11 Standard 4' Diameter Manhole 3.0 EA 1,400.00 4,200.00 12 Extra Depth Manhole 11. 7 LF 80.00 936.00 ..., 13 Outside Drop, 0-8' 4.0 EA 1,200.00 4,800.00 14 Extra Depth Outside Drop 20.7 LF 80.00 1,650.00 LJ 15 Televise Sanitary Sewer 470.0 LF 0.70 329.00 ..., u Subtotal - Sanitary Sewer $44,911.00 Contingencies 4.489.00 ....., Estimated Construction Cost $49,400.00 LJ ..., LJ ..., LJ ..., <-J ....., ...J ....., L.J ..., U ..., L.J ..., A-12 0832 LJ .., LJ .., LJ C. QUINN STREET NW (COMMERCIAL BOULEVARD TO BUNKER LAKE BOULEVARD) .., u 4. WATERMAIN CONSTRUCTION Item Unit No. Description Quantitv Price Amount 1 Connect to Existing Watermain 1.0 EA $ 350.00 $ 350.00 2 6" DIP Class 50 Watermain 70.0 LF 14.00 980.00 3 10" DIP Class 50 Watermain 615.0 LF 16.00 9,840.00 4 6" MJ Gate Valve 2.0 EA 400.00 800.00 5 10" MJ Gate Valve 1.0 EA 550.00 550.00 6 MJ DIP Fittings 405.0 LB 1.80 729.00 Subtotal $13,249.00 Contingencies 1.351.00 Estimated Construction Cost - Watermain $14,600.00 u .., .., LJ .., LJ --, LJ .., LJ ,..., LJ .., LJ .., LJ .., L.I .., LJ .., LJ .., LJ .., LJ .., LJ .., LJ .., A-13 10832 LJ .., LJ .., .., D. FRONTAGE ROAD (NIGHTINGALE STREET TO QUINN STREET) 1. STREET CONSTRUCTION Item Unit No. Description Quantity Price Amount 1 Rem/Disp Existing Bit. Pavement 30.0 SY $ 3.00 $ 90.00 2 Common Borrow (On Site) 1,000.0 CY 2.50 2,500.00 3 B624 Concrete Curb & Gutter 1,860.0 LF 6.50 12,090.00 4 Aggregate Base 2,232.0 TN 7.50 16,740.00 5 Subgrade Preparation 9.3 RS 100.00 930.00 6 Bituminous Base Course 455.0 TN 21.00 9,555.00 7 Bituminous Binder Course 455.0 TN 21.50 9,782.50 8 Bituminous Wear Course 341.0 TN 24.00 8,184.00 9 Bituminous Material for Tack 186.0 GA 1.50 279.00 10 Seed 1.1 AC 1,000.00 1,100.00 11 Topsoil Borrow 575.0 CY 7.50 4,312.50 12 Pavement Markings 1.0 LS 1,000.00 1,000.00 13 Traffic Signs 40.0 SF 28.00 1,120.00 14 Concrete Driveway Apron (7") 250.0 SY 30.00 7.500.00 Subtotal $75,183.00 Contingencies 7.517.00 Estimated Construction Costs - Streets $82,700.00 LJ .., -..J LJ .., LJ .., LJ .., LJ -, LJ .., ;...J ..., LJ .., LJ .., LJ .., LJ .., w .., LJ .., ...J .., LJ .., u .., A-14 10832 LJ .., ...J ..., LJ D. FRONTAGE ROAD (NIGHTINGALE STREET TO QUINN STREET) 2. STORM SEWER CONSTRUCTION ..., ~ .., Item No. Description Quantity Unit Price Amount L.J ..., 1 2 3 4 Connect to Existing Storm Sewer 15" RCP Class 5 Storm Sewer Cone Type Catch Basin 4' Diameter Catch Basin-Manhole 1.0 EA 60.0 LF 1.0 EA 1.0 EA 600.00 20.00 950.00 1.150.00 600.00 1,200.00 950.00 1.150.00 $3,900.00 400.00 o ..., ...J Subtotal Contingencies ..., ...J Estimated Construction Cost - Storm Sewer $4,300.00 .., LJ ...., LJ .., ...J .., "I ,.., ...J ..., o..J .., LJ .., LJ ,., LJ .., ...J .., LJ .., A-15 10832 w .., L1 .., u D. FRONTAGE ROAD (NIGHTINGALE STREET TO QUINN STREET) .., u 3. SANITARY SEWER CONSTRUCTION Item Unit No. Description Quantitv Price Amount 1 Mobilization 1.0 LS 5,000.00 5,000.00 2 8" PVC SDR 35 SS 0-10' 35.0 LF 15.00 525.00 3 8" PVC SDR 35 SS 12-14' 200.0 LF 16.00 3,200.00 4 8" PVC SDR 35 SS 14-16' 200.0 LF 16.50 3,300.00 5 Standard 4' Diameter Manhole 1.0 EA 1,400.00 1,400.00 6 Extra Depth Manhole 2.0 LF 80.00 160.00 7 Outside Drop (0-8') 1.0 EA 1,200.00 1,200.00 8 Extra Depth Outside Drop 4.0LF 80.00 320.00 9 Televise Sanitary Sewer 440.0 LF 0.70 308.00 Subtotal $15,413.00 Contingencies 1.587.00 Estimated Construction Cost - Sanitary Sewer $17,000.00 u .., ..., u .., L1 '" ....J ~, LJ .., u ,.., -' .., LJ .., LJ ,.., u .., L..t .., Lt ""'l LJ ..., LJ ...., LJ ..., A-16 10832 u .., LJ .., LJ D. FRONTAGE ROAD (NIGHTINGALE STREET TO QUINN STREET) 4. WATERMAIN CONSTRUCTION .., LJ Item No. Description Unit Price Quantity .., LJ .., 1 Connect to Existing Watermain 2 6" DIP Class 50 Watermain 3 10" DIP Class 50 Watermain 4 6" MJ Gate Valve 5 10" MJ 6 6" MJ Hub Hydrant 7 MJ DIP Fittinl;Js Subtotal Contingencies 2.0EA 45.0 LF 950.0 LF 2.0 EA 2.0 EA 1.0 EA 200.0 LB $ 350.00 14.00 16.00 400.00 550.00 1,250.00 1.80 .., LJ .., L.J LJ .., Estimated Construction Cost - Watermain LJ .., LJ .., LJ .., u .., LJ .., LJ .., LJ ,..., u ...., u .., LJ .., LJ ...., A-17 .J Amount $ 700.00 630.00 15,200.00 800.00 1,100.00 1,250.00 360.00 $20,040.00 2.060.00 $22,100.00 10832 -, ~ -, u E. FRONTAGE ROAD (JAY STREET TO NIGHTINGALE STREET) 1. STREET CONSTRUCTION Item Unit No. Description Quantity Price Amount 1 Common Borrow (On Site) 1,000..0- CY 2.50 2,500.00 2 B624 Concrete Curb & Gutter 2,600.0 LF 6.50 16,900.00 3 Aggregate Base 3,120.0 TN 7.50 23,400.00 4 Subgrade Preparation 13.0 RS 100.00 1,300.00 5 Bituminous Base Course 636.0 TN 21.00 13,356.00 6 Bituminous Binder Course 636.0 TN 21.50 13,674.00 7 Bituminous Wear Course 477.0 TN 24.00 11,448.00 8 Bituminous Material for Tack 260.0 GA 1.50 390.00 9 Pavement Markings 1.0 LS 1,000.00 1,000.00 10 Seed 1.5AC 1,000.00 1,500.00 11 Topsoil Borrow 802.0 CY 7.50 6,015.00 12 Traffic Signs 40.0 SF 28.00 1,120.00 13 Concrete Driveway Aprons(7") 250.0 SY 30.00 7.500.00 Subtotal $100,103.00 Contingencies 1 0.097.00 Estimated Construction Cost - Street $110,100.00 -, ....J ., ....J -, LJ ., LJ ., LJ ., L.I ,..., LJ .-, LJ ., LJ ..., :..J ..., LJ ., LJ ,.., LJ ,...., LJ ., u ., LJ ., A-18 10832 LJ .., LJ .., LJ E. FRONTAGE ROAD (JAY STREET TO NIGHTINGALE STREET) ~ 2. STORM SEWER CONSTRUCTION Item Unit No. Description Quantity Price Amount 1 Connect to Existing Storm Sewer 2.0EA $ 600.00 $ 1,200.00 2 12" RCP Class 5 Storm Sewer 72.0 LF 18.00 1,296.00 3 15" RCP Class 5 Storm Sewer 480.0 LF 20.00 9,600.00 4 18" RCP Class 3 Storm Sewer 800.0 LF 22.00 17,600.00 5 Cone Type Catch Basin 2.0 EA 950.00 1,900.00 6 4' Diameter Catch Basin-Manhole 2.0 EA 1.100.00 2.200.00 Subtotal $33,796.00 Contingencies 3.404.00 Estimated Construction Cost - Storm Sewer $37,200.00 .., u .., .., LJ .., LJ .., LJ .., LJ .., LJ ..., LJ ,.., LJ .., LJ ,.., LJ ,.., LJ .., LJ ,.., LJ ,.., LJ .., LJ .., A-19 10832 LJ ,.., LJ .., w E. FRONTAGE ROAD (JAY STREET TO NIGHTINGALE STREET) 3. SANITARY SEWER CONSTRUCTION Item Unit No. Description Quantity Price Amount 1 Mobilization 1.0 LS 5,000.00 5,000.00 2 Clearing 5.0EA 50.00 250.00 3 Grubbing 5.0 EA 50.00 250.00 4 Connect to Existing San Sewer 2.0EA 600.00 1,200.00 5 8" PVC SDR 35 SS 0-10' 390.0 LF 15.00 5,850.00 6 8" x 6" PVC SDR 35 Wye Branch 2.0 EA 60.00 120.00 7 6" PVC SDR 26 Service Pipe 30.0 LF 10.00 300.00 8 6" PVC SDR 26 Vert. Servo C/O 2.0 EA 60.00 120.00 9 Standard 4' Diameter Manhole 2.0 EA 1,400.00 2,800.00 10 Extra Depth Manhole 13.1 LF 80.00 1,048.00 11 Televise Sanitary Sewer 390.0 LF 0.70 273.00 Subtotal $17,211.00 Contingencies 1.689.00 Estimated Construction Cost - Sanitary Sewer $18,900.00 w r-, ..J .., .., LJ .., LJ ,.., u ,.., LJ .., L1 ,.., u ,.., LJ ,.., u ,.., ;.J .., u ,., LJ ,.., LJ ...., LJ .., u .., A-20 10832 u .-, LJ .., LJ E. FRONTAGE ROAD (JAY STREET TO NIGHTINGALE STREET) .., 4. WATERMAIN CONSTRUCTION Item Unit No. Description Quantity Price Amount 1 Connect to Existing Watermain 3.0EA $ 350.00 $1,050.00 2 6" DIP Class 50 Watermain 46.0 LF 14.00 644.00 3 10" DIP Class 50 Watermain 1,000.0 LF 16.00 16,000.00 4 6" MJ Gate Valve 2.0 EA 400.00 800.00 5 10" MJ Gate Valve 4.0 EA 550.00 2,200.00 6 MJ DIP Fittings 200.0 LB 1.80 360.00 Subtotal - Watermain $21,054.00 Contingencies 2.046.00 Estimated Construction Cost - Watermain $23,100.00 u .-, ...J ..., LJ .., u .-, LJ .., LJ .., LJ .., LJ ,.., LJ .., u .., LJ .., LJ .-, LJ .., u .., ~j .., ...j .., A-21 10832 ...J ...., u ...., w F. JAY STREET NW (COMMERCIAL BOULEVARD TO BUNKER LAKE BOULEVARD) 1. STREET & RESTORA nON CONSTRUCTION ,..., w w Item Unit No. Descriotion Quantitv Price Amount 1 Rem/Disp Existing Bituminous 3,580.0 SY 3.00 10,740.00 2 Rem/Disp Existing Concrete Curb 20.0 LF 4.50 90.00 3 Common Excavation 300.0 CY 4.00 1,200.00 4 B624 Concrete Curb & Gutter 2,300.0 LF 6.50 14,950.00 5 Aggregate Base 2,454.0 TN 7.50 18,405.00 6 Subgrade Preparation 11.5 RS 100.00 1,150.00 7 Bituminous Base Course 500.0 TN 21.00 10,500.00 8 Bituminous Binder Course 500.0 TN 21.50 10,750.00 9 Bituminous Wear Course 375.0 TN 24.00 9,000.00 10 Bituminous Material for Tack 206.0 GA 1.50 309.00 11 Pavement Markings 1.0 LS 1,000.00 1,000.00 12 Seed 0.75 AC 1,000.00 750.00 13 Topsoil Borrow 400.0 CY 7.50 3,000.00 14 Traffic Signs 40.0 SF 28.00 1,120.00 15 Concrete Driveway (7") 600.0 SY 30.00 18.000.00 Subtotal - Streets $100,964.00 Contingencies 10.136.00 Estimated Construction Cost - Streets $111,100.00 ...., ,..., u ,..., u ...., u .., u ...., u .., u ...., u ...., u ,..., w .., u .., u ...., u ...., u .., ~ .., A-22 10832 u ,..., u ., w F. ., u ., Item No. u ,..., u ., u ,..., u ., u .., u ,..., u ., u ., LJ ., u ., u ,..., u ,..., LJ ., LJ ..., LJ ., ..J JAY STREET NW (COMMERCIAL BOULEVARD TO BUNKER lAKE BOULEVARD) 2. STORM SEWER CONSTRUCTION Description Quantity Unit Price 1 2 3 4 12" RCP Class 5 Storm Sewer 15" RCP Class 5 Storm Sewer Cone Type Catch Basin 4' Diameter Catch Basin-Manhole 68.0 LF 300.0 LF 2.0 EA 2.0 EA 18.00 20.00 950.00 1.150.00 Subtotal Contingencies Estimated Construction Cost - Storm Sewer A-23 Amount 1,224.00 6,000.00 1,900.00 2.300.00 $11,424.00 1.176.00 $12,600.00 10832 " LJ ..., F. JAY STREET NW (COMMERCIAL BOULEVARD TO BUNKER LAKE BOULEVARD) LJ ...., u 3. SANITARY SEWER CONSTRUCTION Item Unit No. Description Quantity Price Amount 1 Mobilization 1.0 LS 5,000.00 5,000.00 2 Connect to Existing San Sewer 1.0 EA 600.00 600.00 3 8" PVC SDR 35 SS 0-10' 120.0 LF 15.00 1,800.00 4 8" PVC SDR 35 SS 12-14' 620.0 LF 16.00 9,920.00 5 8" DIP Class 50 12-14' 30.0 LF 20.00 600.00 6 Standard 4' Diameter Manhole 2.0 EA 1,400.00 2,800.00 7 Extra Depth Manhole 4.5 LF 80.00 360.00 8 Outside Drop, 0-8' 5.0 EA 1,200.00 6,000.00 9 Extra Depth Outside Drop 27.1 LF 80.00 2,168.00 10 Televise Sanitary Sewer 770.0 LF 0.70 539.00 Subtotal $29,787.00 Contingencies 3.013.00 Estimated Construction Cost - Sanitary Sewer $32,800.00 ...., u ..., LJ ...., u ..., u ...., u ...., LJ ...., LJ ...., u " u " u ...., LJ .., LJ ...., u ...., u ...., c) A-24 10832 ..., LJ .., u -, LJ F. JAY STREET NW (COMMERCIAL BOULEVARD TO BUNKER LAKE BOULEVARD) -, LJ 4. WATERMAIN CONSTRUCTION Item Unit No. Description Quantity Price Amount 1 Connect to Existing Watennain 1.0 EA $ 350.00 $ 350.00 2 6" DIP Class 50 Watermain 120.0 LF 14.00 1,680.00 3 10" DIP Class 50 Watennain 1,030.0 LF 16.00 16,480.00 4 6" MJ Gate Valve 5.0 EA 400.00 2,000.00 5 10" MJ Gate Valve 1.0 EA 550.00 550.00 6 6" MJ Hub Hydrant 1.0 EA 1,250.00 1,250.00 7 MJ DIP Fittings 490.0 LB 1.80 882.00 Subtotal $23,192.00 Contingencies 2.308.00 Estimated Construction Cost - Watermain $25,500.00 -, LJ -, LJ -, LJ -, oJ -, LJ -, LJ -, LJ ..., LJ ..., LJ ..., LJ ..., LJ r-, u -, LJ ..., LJ ..., l J ..., A-25 10832 ..J .., '-..1 .., ..J .., G. ~ .., LJ -. ..J .., Ll .., ..J .., LJ .., LJ .., L.J ,..., LJ .., Ll .., Ll .., LJ .., LJ .., LJ .., '_J .., 'J ,..., U SITE GRADING (NE1/4 OF SW1/4 of Sec. 34, 32, R24) Item Unit No. Description Quantity Price Amount 1 Common Excavation 50.000.0 CY $3.00 $150.000.00 Subtotal $150,000.00 Contingencies 15.000.00 Estimated Construction Cost - Site Grading $165,000.00 A-26 10832