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Home My WebLink AboutCC August 16, 1994 " ,r^ l.r\ CITY of ANDOVER 1',0' . .,,~~ . o'~,::,><"'; Regular City Council Meeting - August 16, 1994 Call to Order - 7:00 p.m. Resident Forum Agenda Approval Consent Agenda Approval of Minutes \ ) Discussion Items 1. Special Use Permit/Repair Garage/13585 Thrush Street NW 2. Approve Preliminary Plat/Foxberry Farms 3. Set 1994 Improvement Bond Sale 4. Approve Removal of stop Sign/140th & Flora 5. Approve Resolution/Rum River Central Regional Park 6. School District purchase of City property 7. Water study Quotes B. Boulevard Encroachment Ordinance Discussion, Cont. 9. Hire City Engineer 10. 1995 Budget Discussion 11. Approve Major Amendment to Comprehensive plan/Sewer EDA Meeting 12. Approve Plans & Specs/94-13/Andover Commercial Park 13. Approve plans & Specs/93-7/City Hall Park Complex #2 Reports of Staff, Committees, Commissions 14. Piper Fund Update 15. Approve Quotes/Septic Repair/539-155th Avenue 16. Approve Bids/Sale of Used City Equipment / Non-Discussion/Consent Items 17. Approve 1994 Union Contract 18. Accept Petition/94-24/1800 Bunker Lake Boulevard 19. Approve plans & Specs/94-2/Woodland Pond 2nd Addn. 20. Declare cost/94-4/14267 Round Lake Blvd. Watermain 21. Declare Cost/93-28/13B28 Round Lake Blvd. Watermain 22. Declare Cost/93-29/13B36 Round Lake Blvd. watermain 23. Declare Cost/93-9/Xeon street Storm Sewer 24. Declare Cost/92-27/Commercial Boulevard 25. Declare Cost/92-25/University Avenue 26. Declare Cost/91-5/Njordmark-Dale, 17Bth Lane 27. Declare Cost/91-16/159th Avenue 2B. Declare Cost/93-1B/Pine Hills 29. Approve plans & Specs/94-B/Foxberry Farms 30. Approve plans & Specs/94-10/Jonathan Woods 31. Approve plans & Specs/94-5/SA @ Hanson Blvd. 32. Approve Plans & Specs/94-17/Quickstrom Addition Mayor-Council Input Approval of Claims Adjournment AGENDA 1\0. SECTION Approval of Minutes Admin. ITEM 1\0. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August16, 1994 ORIGINATING DEPARTMENT Approval of Minutes 1\ ~. V. Vo1k \). APPROVED FOR AGENDA BY.:~ - < A, ~ The City Council is requested to approve the following minutes: August 2, 1994 August 3, 1994 \ / / MOTION BY: Regular Meeting (Da1ien absent) Special Meeting (Da1ien absent) SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 16, 1994 AGENDA f\Q SECll0N ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning ~ W'\-' David L. carlberg . ~ Planning Director Discussion Items ITEM f\Q SUP - Repair Garage 13585 Thrush Street NW Raymond Beck /. REQUEST The City Council is asked to review the Special Use Permit request of Raymond Beck to operate a repair garage on the property located at 13585 Thrush Street NW, legally described on the attached resolution. APPLICABLE ORDINANCES , \ / Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03, establishes those uses allowed by Special Use Permit. In a GB, General Business District, repair garages are allowed by the granting of a Special Use Permit. In granting a Special Use Permit, the City Council shall examine the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands; the effect on traffic patterns and congestions; the effect on surrounding property values and the use's consistency with the Comprehensive plan. Planning & Zoning Review The Planning and Zoning Commission, at their July 26, 1994 meeting, recommended approval of the Special Use Permit request with conditions. Attached for your review are the minutes and the staff report from the meeting. Attached is a proposed resolution for Council review and adoption. " MOTION BY: SECOND BY: , ! CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF RAYMOND BECK TO ALLOW FOR THE OPERATION OF A REPAIR GARAGE LOCATED AT 13585 THRUSH STREET NW (PIN 34-32-24-32-0018), LEGALLY DESCRIBED BELOW. WHEREAS, Raymond Beck has requested a Special Use Permit to allow for the operation of a repair garage on the property located at 13585 Thrush Street NW (PIN 34-32-24-32-0018), legally described as Lot 1, Block 3, Andover Commercial Park; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestion or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive plan; and , WHEREAS, a public hearing was held and there was no J opposition regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Raymond Beck to operate a repair garage on the above described property with the following conditions: 1. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(0). 2. The Special Use Permit will be subject to annual review and site inspection by City Staff. 3. The applicant shall secure a Hazardous Waste Generator's License from Anoka County and provide proof to the City. 4. The site shall be subject to meeting the requirements of Ordinance No.8, Section 8.08, Parking. Adopted by the City Council of the City of Andover on this 16th day of August, 1994. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk 1 ; ( Regular Andover Planning and Zoning Commission Meeting Minutes - July 26, 1994 Page 5 (Public Hearing: preliminary Plat, Foxberry Farms, Continued) It was agreed it was not appropriate to ask the developer to provide Lot 11, Block 5, as a parking lot for the park. Chairperson/Squires questioned whether it is the City's policy to accept park,dedication with a storm water retention pond on the corner of the park area plus the rest being wetland. Mr. Haas explained it is/ part of the Comprehensive Plan to preserve the Coon Creek area as a ,nature park with walk/bikeway trails. The storm water must be treated before it goes into the creek. The Staff and the consultants /-have looked at the proposal and have no problem with it. The develpper may be making the park more attractive because the storage f ' water retention may attract ducks, geese, etc. The Park Board s been very conservative about not accepting wetland for park; ut it is following the Comprehensive Plan for the trail along t creek in this case. The Commission then agreed to the f lowing changes to the prepared Resolution approving the preliminar plat of Foxberry Farms: / 1) 2) ( 3) 4) Add Lot 14, Block 4, r variance to the 130-foot minimum as required in Ordinanc 8, Section 6.02. Add a provision th the developer work with Staff in realigning Lots and 17, Block 4, to eliminate the sideyard setbac from the principal structure. Include a pro sion that 141st Lane should be a cul-de-sac at Hanson B levard as opposed to a through street. Include a rovision granting a variance on the monument requirem ts and allow the developer to come in for a Specia se Permit after the fact. Inclu e a provision that the developer would recognize that the orthwest corner of the plat includes land outside the MU to the extent that the developer wishes to proceed at s own risk. 5) Dehn, Seconded by Jovanovich, that the Resolution be forwarded City Council as presented with the additions and corrections. Mot' n carried on a 6-Yes, 1-Absent (Peek) vote. This will be heard by City Council at their meeting of August 16, 1994. 7:55 p.m. ~ PUBLIC HEARING: SPECIAL USE PERMIT - REPAIR GARAGE IN A GB, GENERAL ~ BUSINESS DISTRICT - 13585 THRUSH STREET NW - RAYMOND BECK 7:55 p.m. Mr. Carlberg reviewed the request of Raymond Beck for a Spp.cial Use Permit to operate a repair garage at 13585 Thrush Street NW, Lot 1, Block 3, Andover Commercial Park. He noted the applicable ordinances and criteria to be reviewed when granting a Special Use ( . Permit. The parcel is owned by Agri-Chem, who has built their business ~ in Ham Lake; so the City does not have control over the sale of the lot. The Economic Development Committee recommended to the Economic Development Authority that this use should be allowed. The Commission did not recommend hours of operation for a similar use kitty corner from this parcel, feeling the City had other ordinances that would apply. ( ( ~ ) Regular Andover Planning and Zoning Commission Meeting Minutes - July 26, 1994 Page 6 (Public Hearing: Special Use Permit/Repair Garage/Beck, Continued) The intent would be to have as little exterior storage as possible. When this business, Northtown Automotive, was operating at the Northtown shopping Center, there was no exterior storage. Commissioner Putnam wondered if the Comprehensive Plan addressed the saturation of automotive uses in this vicinity. Mr. Carlberg explained the intent of the Tax Increment Financing District is to redevelop the junkyard areas and attempt to attract more appropriate businesses, and that is addressed in the Comprehensive Plan. There is a concern on the number of automotive related businesses in the area; however, the Council has said if these businesses are conducted properly, they would be considered appropriate uses. MOTION by Dehn, Seconded by Apel, to open the public hearing. Motion carried on a 6-Yes, l-Absent (Peek) vote. 8:06 p.m. " Rav Beck, owner of Northtown Automotive - has been the owner for 10 1/2 years at the Northtown Shopping Center. He ran a clean business with no dismantling of cars. He has to move because he was renting the space from Woolworth. When they left, his lease was not renewed; and now Best Buy has taken his spot to install car stereos. He has all the permits and had complied with EPA rules and regulations. until the end of last month when he left Northtown. He had no problem with the mall owners or tenants. He worked on all the maintenance trucks, security trucks and personal vehicles of the people in the management office. The only time he had cars outside was when people dropped their cars off after hours and placed their keys in the key drop box. In extremely cold weather he may have had 25 to 30 cars at his building, but that is the only time. Most vehicles are completed at the end of the day. The building will be capable of holding eight cars at one time. He is proposing an eight-bay garage. At Northtown he had seven bays with five lifts. He proposed to operate from 7 a.m. to 6 p.m. during the week so people can drop cars off on the way to work. He thought the hours on Saturday would be 8 to noon or 2 p.m. At Northtown it was 8 to 4 p.m. because of the other businesses. He would not be open on Sundays. ./ Mr. Carlberg stated he received no response as a result of mailing the public hearing notices. MOTION by Dehn, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, l-Absent (Peek) vote. 8:13 p.m. , Commissioner Dehn acknowledged the City does not want to see the whole area saturated with auto repairs, but this is a very valuable resource for the residents. This also differs from the one just kitty corner as this is nearly total repair and the other one is more specialized. Mr. Beck stated he is strictly mechanical with no body work. Commissioner Putnam approved of the proposal, stating there is a need for auto repair service in Andover. The Commission again felt there are ordinances to govern any problems that would arise out of hours of operation and chose not to regulate them in the Permit. This is a commercial district, which does not have the same concerns as in a residential area. / 'I J Regular Andover Planning and Zoning Commission Meeting Minutes - July 26, 1994 Page 7 ( (Public Hearing: Special Use Permit/Repair Garage/Beck, Continued) MOTION by Apel, Seconded by Jovanovich, that the Andover Planning and Zoning Commission recommend to the City Council approval of the Special Use Permit request by Raymond Beck to operate a repair garage at 13585 Thrush Street NW. The proposed use has no ill effects on the health, safety, morals and general welfare of the occupants of the surrounding lands. The existing and anticipated traffic conditions will not be unsafe. It will not effect the values of the property in the surrounding area, and it is in compliance with the Comprehensive Plan. A public hearing was held and there was no opposition. The Special Use Permit will have the following conditions: Subject to the sunset clause. Subject to an annual review. The applicant must secure a Hazardous Waste Generator's License from Anoka County. The site will be subject to the requirements of Ordinance 8 regarding parking. \ / Motion carried on a 6-Yes, 1-Absent (Peek) vote. The item will be heard by the City Council at their August 16, 1994, regular meeting. 8:18 p.m. (' OTHER BUSINESS Mr. Carlberg updated the Commission on the City Council's actions at their July 19 meeting on those items forwarded to them by the Commission. MOTION by Dehn, Seconded by Apel, to adjourn. Motion carried on a 6- Yes, 1-Absent (Peek) vote. The meeting was adjourned at 8:23 p.m. ~:::t:~~t"~L Marcella A. Peach Recording Secretary / ( "\ , / CITY OF ANDOVER REQUEST F.OR PLANNING COMMISSION ACTION July 26,~ i9~;r DATE AGENDA ITEM 4. P. H. - SUP Repair Garage 13585 Thrush street NW Raymond Beck ORIGINATING DEPARTMENT Planning David L. carlberg Planning Director BY: APPROVED FOR AGENDA ~ BY: REQUEST The Andover Planning and Zoning Commission is asked to review the Special Use Permit request of Raymond Beck to operate a repair garage at 13585 Thrush Street NW (PIN 34-32-24-32-0018), legally described as Lot 1, Block 3, Andover Commercial Park. The property is zoned GB, General Business. APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03 lists the uses allowed by Special Use Permit. In a General Business District, repair garages are allowed by the granting of a Special Use Permit. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3. The effect on the values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. Continued 1 ) Page Two SUP - Repair Garage 13585 Thrush street NW Raymond Beck July 26, 1994 COMMISSION OPTIONS 1. The Planning and zoning Commission may approve the Special Use Permit requested by Raymond Beck to operate a repair garage located at 13585 Thrush Street NW, PIN 34-32-24-32-0018. The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including; the use will not be detrimental to the health, safety, morals or general welfare of the community, the use will not cause serious traffic congestions or hazards, the use will not depreciate surrounding property and the use is in harmony with the Comprehensive plan 2. The Planning and zoning Commission may deny the Special Use Permit requested by Raymond Beck to operate a repair garage located at 13585 Thrush Street NW, PIN 34-32-24-32-0018. , The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. ) 3. The Planning and zoning Commission may table the item. If the Commission chooses to recommend approval to the City Council, the following conditions should be included: 1. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(0). 2. The Special Use Permit will be subject to annual review and site inspection. 3. The applicant must secure a Hazardous Waste Generator's License from Anoka County and provide proof to the City. 4. The site shall be subject to meeting the requirements of Ordinance No.8, Section 8.08, Parking. 5. 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I I , ..~-r I I I I I \ ) ~i J ----" ---- , / POND \ I I I I I I I I I 0), cil 0:' I 01 <.)1 I I I I I I 101 I C5 I "", I ~ I I:;; I I x I I'" , I I I I I 1 I I I I I I I I I I \_ I I I I AN AREA DEDICA TED FOR ECONOMIC OPPORTUNITIES Commercial Park I \ ""-- -- - -- ---- -- - - --------- - - - - - -- -- ---- BUNKER LAKE BLVD. (CO. RD. 116) / I I I I I I I I I I I I I I \ - ...;...;.:.....-...;.-............-;............-...;..:.::...'.;-;.:-..;.;.:-:.:.:.:.;.:-:.;..-:::...>.:-;..... .. .......... PROPOSED FRONTAGE RD. 100' NOTE: Lot 1, Block 3 has been sold, but the buyer is willing to sell ) the property at the price of $.65/sq.ft. / There is a well kept secret in Anoka County - a place with a rapidly growing population, a place where businesses have room to expand. The City of Andover is a new and exciting place to live and do business! -~ '\ \ " -...... ~----------------- - ) . ;' =t2b-TH ~yg. N W- ~ --. '\ . / " FU"T U ~E :,ir<..E.E.. T--- ---- --- ,.----- - ---- --- -- - -- - --- , , --- ------ .--- -- /------ ------.......... :,.------.......:.... - / -- Z -- -. -- \ I __ I /( 1~ I r /, 1~-------------+--1-_+ I (It' " I I I I I t:t fv- ~ J~ -zr-...",..-..I. ., _~~.1.~-41_- crr-rv,,' .. -D~,~.. .._1 P~l~' a gEGUI E,J:;.D. :: 14 c.A!2-'7- t~lDSD ~~... ~ 10-0 ? ~ C()~ BlumentalsJ' ~~l~[j'@ II TCQ"P"'~' - I I I _~~_.HL~ I I I x..f:ONEE::.. a I I ~"--"'-l --71 \" E P'LA t--J _~lt= SOI-OU ---NOi<mi E9 PROJECT ORit'fToWN AUTOMOTIVE . ANDO"ER. MINN="70TA o , July 7, 1994 Raymond C. Beck 11 132nd Avenue NE Blaine, MN 55434 755-B414 RE: Proposed Auto Repair in Andover For the past 10-1/2 years I have operated Northtown Automotive, Inc. located in Northtown Shopping Center. Being located in the mall, I have become accustomed to running a professional automotive repair facility: - no long-term outside storage - no underground storage tanks - keeping up-to-date and complying with all EPA regulations - continuing education for myself and employees J I employ four full time mechanics besides myself, two have been with me for ten years, one for five and one for two years. We have a strong working relationship. At some point, I would like to add one or more employees. Northtown Automotive, Inc. is an owner operated business with a dedicated following of customers. We provide honest, dependable care at a competitive price. My business would be an asset to the community of Andover. '\ -~ - 1"3 S vj 7~A... s.J. .~ . - ". > CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755.5100 SPECIAL USE PERMIT Property Address 0 ner of Thrush Street & 136th Avenue Legal Description of Property: (Fill in whichever is. appropriate): J 3S-&~ 7trus/' -sf- W Lot 1 Block 3 Addition Andover Commercial Park PIN 343224320018 (If metes and bounds, attach the complete legal description. ) Is the property: -Abstract x or Torrens ? (This information must be provided and can be obtained from the County. ) ----------------------------------------------------------------- Reason for Request Auto Reoair - Mechanical ... } , Section of Ordinance 5. 03 /7,03. ,Current Zoning GB / ----------------------------------------------------------------- Name of Applicant Raymond C. Beck Address 11 132nd Avenue NE. Bl aine. r~N 55434 Home Phone Signature ~ Business Phone y ~ {J. rJJeo4l_ Date 7-7-q4 ----------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Agri chern. Inc. Address P.O. Box 845. Anoka. MN 55303 ., ::::.::::e -~::~ .li L :Ausiness Phe::.e 75~t5 '1 (79~1 ------------------------------------------------------~--~---- ! <,. SPECIAL USE PERMIT PAGE 2 / The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. . 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee $190.00 $150.00 $ 50.00 $ 20.00 Date Paid -reJq1- . Receipt # tJ 131~(/; \ ) Rev. 5-06-93:d'A 5-04-94:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE P~RKITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: . 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. '\ / 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 26, 1994 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Raymond Beck to operate a repair garage in a GB, General Business District on the property located at 13585 Thrush Street NW (PIN 34-32-24-32-0018). All written and verbal comments will be received at that time and location. , ) A copy of the application and location will be available at Andover City Hall for review prior to said meeting. Vi~V~~ity Clerk Publication dates: July 15, 1994 July 22, 1994 \ / / U .J 2 ..... :> 2 2 IJ... 3: .J .J LrJ 0 .... ::E: 2 <t <t IX; <t 1',. IX; <t .. 0 3: ..... N IJ... ..... Li.. ' , If) - 3: LrJ ~ 1fj N 2 too) N I- - 0 LrJ r--l >- 0 If) t..) ~: .J <t too) I 2 <t ..... 00 2 <t ..... m 2 r-l e::: t"- If) r--l w I- ::E: C'-l U 00 ::E: r--l U C.!'l ::E: r--l C--l C-.l .J -0 N 0 C-.l 0 too) ::E: ..... 2 t-.) W t..) u::: t..) u::: u::: u::: t,) u::: u::: u::: <t ::E: <t ..... W <t W U W <t W U W t.-) 2 t-.) u::: :> n :> :> t,) :> :> 00 0 NOO t/) 0 00 0 If) 0 00 0 !J'j 0 2 m N.J 2 ,. LrJ 0 Z 0 m 0 Z 0 m 0 "",' ..... .J r-.l tl.. ..... t..) 2 ..... Z -0 Z ..... Z ..JJ 2 tl.. 0 ::E: tl.. (!) N 0:: 0 :> f .J III .J i ..... III <t .::. > <t m 0- tII <t f .....IJ... ' , .....I :::.::: c' ..... ..... IJ... Co CoOZ t..) C. I- .J t.-) , , t..) . , OZ tl) , , 3: If) 00 If) 0 U1 c. . . 3: If) I N>-O If) NO:: 0:: If) C'-I U q- t..) fl >- 0 If) , too) I- l- I') 0 W t..) Z m LrJ t,) I- I- <t.....oo 2 <to ::LZ <t..... If) <t .....00 Z NUOO ::E: N Z::E: r-.l X N um ::E: r--l 0 N W ::J N::E: OZ 01 0 to') CI: L::: 0:: t,) u: mu: ~.) w tII::E: ~.) O::U: u: <twu w <t u: W <tI <tWU w .- 1') :> :> t.-) w -0:> t-.) U O :> 00 o If) 0 00 I- If) 0 00 ..... 1l..:::'::: 00 o If) 0 zom 0 zz t..) 0 Zo:: 0 Z om 0 -z-o Z ..... 0 C-.l Z .....(!) Z ..... z..o Z tl..<I..... :> :> Z .J " :.:: .J ..... -00 r-.l III <t LrJ om -0 om '-' III <t 00 3: .....IJ... C' ..... ON ..... ON C--l IJ... C, -O If) 01>- ZIf) 01>- ZIf) 01>-0 LrJ / t..) ..: .J<t t,) I- I- t.o) c: w r--:I u:: w t,) I- I- <t If) <t.....oo Z <t- ZW t,) >- ZW t,) 0:: 0:: 0:: <t ::E: <tWU w <tI .J <tI .J <tWU w t'~1 Z ' . to :> :> 1') :> 000 NOO "00 0 ooU no .. U t,) 0 nOlO 0 2m N.J zom 0 Z.J N::':: Z.J N::.:: zom 0 ......J Ntl.. .....z-o Z .....::J If) <I .....::J If) <I .....Z..o Z tl..0 ::E: tl..<I..... <I tl..::E: .::' 0 tl..::E: COO tl..<I..... <I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 16, 1994 Andover Review Committe APPROVED FOR AGENDA #... AGENDA SECTION NQ Non-Discussion/Consent Agenda ORIGINATING DEPARTMENT ITEM NQ Approve Preliminary Plat/ Foxberry Farms ~~ .;<. The City Council is requested to approve the preliminary plat of Foxberry Farms per Ordinance 8 and 10 and all other applicable ordinances as requested by Contractor property Developers Co. Attached is the proposed resolution. The Andover Review Committee (ARC) has reviewed the preliminary plat. Their comments are as follows: General Comments * The proposed preliminary plat is currently zoned R-4, Single Family Urban. The proposed plat is within the Metropolitan Urban Service Area (MUSA). Municipal sanitary sewer and water will be serving the site. * The proposed subdivision consists of 82 single family urban residential lots. * The developer and/or owner will be required to obtain all necessary permits (DNR, U.S. Army Corps of Engineers, Coon Creek watershed District, LGU, MPCA and any other agency which may be interested in the site). * Variance for Lots 14, 15, 18 and 19, Block 4 as they do not meet the 130 foot minimum as required in Ordinance 8, Section 6.02. * The City Council will need to determine if a parking lot will be constructed in the proposed area of park with access off Hanson Boulevard NW. Andover Review Committee Comments The Andover Review Committee as a whole has recommended 141st Lane NW remain as proposed which had been proposed to have access to Hanson Boulevard NW to the planning and zoning Commission for CONTINUED MOTION BY: SECOND BY: circulation purposes and access for police, fire and rescue services. Note: The engineering department was concerned with allowing 14lst Lane NW to intersect with Hanson Boulevard which has been proposed to the Planning and zoning Commission for the following reasons: A. Traffic patterns would change in the Creek View, Old Colony Estates and weybridge area using 141st Lane NW as a short cut to Hanson Boulevard. with this section of 141st Lane NW being removed between Hanson Boulevard and Eagle Street, it would allow traffic volumes to be generally the same to Andover Boulevard for each development. B. If 141st Lane NW was allowed to remain to have access to Hanson Boulevard NW, we would expect that if drivers become too careless and drive faster than the posted speed, the property owners along 141st Lane NW would like to see stop signs installed which would not meet warrants as identified in the Minnesota Manual on Uniform Traffic Control devices. planning and zoning Commission Recommendation J The Commission is recommending approval of the preliminary plat subject to a cul-de-sac at west end of 141st Lane NW near Hanson Boulevard NW and subject to variances as mentioned above. Park and Receation Commision Recommendation The Commission is recommending land as determined in Ordinance 10, Section 9.07. 4.616 acres are proposed to be dedicated. The preliminary plat consists of 43.08 acres. 8,01 IDENTIFICATION AND DESCRIPTION a. proposed name is Foxberry Farms. d. Scale is 1" = 100' g. The preliminary plat was prepared by Hy-Land Surveying and the grading, drainage and erosion control plan were prepared by Roger Nelson. 8.02 EXISTING CONDITIONS b. Total acreage is 43.08. c. The existing zoning within 300 feet of the proposed plat has been shown. / f. Location of all existing telephone, gas, electric and other underground/overhead facilities are shown on preliminary plat per ordinance requirements. g. The boundary lines within 100 feet of the plat have been shown along the names of the property owners. h. A Tree Protection Plan has been submitted to the Tree Inspector for review. j. A soil boring report has been received by the city. 8.03 DESIGN FEATURES a. The proposed right-of-way as indicated is 60 feet. c. The sanitary sewer, watermain, storm drains and streets will be designed by the city's consultant. g. The setbacks for each lot are shown. h. The proposed method of disposing of surface water has been shown on the grading, drainage and erosion control plan. 8.04 ADDITIONAL INFORMATION b. Source of water supply is municipal water. c. Sewage disposal facilities will be municipal sewer. d. Rezoning of properties will be required. f. Flood Plain Management is the Coon Creek watershed District (see Section 9.04(b) for additional information regarding the 100 year flood elevation). g. Street lighting is required and the installation costs will be paid for by the developer. j. The total linear road mileage for the proposed plat is 1.02 miles. 9.02 STREET PLAN a. The typical section, right-of-way and grade are indicated on the preliminary plat. 9.03 STREETS a, The proposed right-of-way is shown as 60 feet which conforms to standards by classification. n. Boulevard is required to be topsoil and sodded. 9.04 EASEMENTS b. A drainage easement has been shown to follow the 100 year flood elevation. 9.06 LOTS / e. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 9.07 PARKS, PLAYGROUNDS, OPEN SPACE Park dedication as recommended by the park and Recreation Commission. I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE PRELIMINARY PLAT OF FOXBERRY FARMS AS BEING DEVELOPED BY CONTRACTOR PROPERTY DEVELOPERS CO. LOCATED IN SECTION 26, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and zoning Commission has conducted a public hearing and reviewed the preliminary plat of Foxberry Farms; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing the Planning and Zoning Commission recommends approval of the plat citing the following: 1. Variance for Lots 14, 15, 18 and 19, Block 4 as they do not meet the 130 foot minimum as required in Ordinance 8, Section 6.02. 2. The City Council agrees with the Planning and zoning Commission that 141st Lane NW at Hanson Boulevard NW will be a cul-de-sac rather than allowing 141st Lane NW to intersect with Hanson Boulevard NW. 3. A variance from Ordinance 10, Section 8.0K as the developer did not make application for a special use permit in conjunction with the preliminary plat for an area identification sign. 4. The preliminary plat in the northwest corner will be subject to Metropolitan Urban Service Area (MUSA) expansion to include this portion of the plat and allow the developer to proceed at his own risk. 5. The Park and Recreation Commission is recommending land as determined in Ordinance 10, Section 9.07. 6. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Foxberry Farms Adopted by the City Council of the City of Andover this 16th day of August 19 94. CITY OF ANDOVER I J. E. McKelvey - Mayor ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 16, 1994 Finance APPROVED FOR AGENDA AGENDA SECnON NO Discussion Items ORIGINATING DEPARTMENT ITEM NO Set 1994 Improvement Bond Sale ~BY Daryl E. Suland r r.\ _0 Finance Di recto Vvft-' -3. REQUEST The Andover city Council is requested to adopt the attached resolutions setting the sale date to award bids for the 1994 improvement bonds. BACKGROUND The City Council affirmed the intent to finance various capital improvement construction projects through the issuance of bonds as stated in resolution R133-94, adopted July 5, 1994. The financing of the various projects has been separated into two bond issues. First, the projects constructed for the benefit of new development and secured by special assessment guarantees through the development contracts are to be financed with the three year temporary general obligation special assessment bond issue in the amount of $3,705,000. The remaining projects, constructed in existing neighborhoods, are to be financed with the ten year general obligation special assessment bond issue in the amount of $1,140,000. MOTION BY: SECOND BY: I Extract of Minutes of Meeting of the City Council of the City of Andover, Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was held at the City Hall in the City on Tuesday, August 16, 1994, commencing at 7:00 o'clock P.M. The following members of the Council were present: and the following were absent: ... ... * . . The following resolution was presented by Member who moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,705,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1994A BE IT RESOLVED By the City Council of the City of Andover, Anoka County, Minnesota (City) as follows: 1. It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act) (See Exhibit A): (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $3,705,000 General Obligation Temporary Improvement Bonds, Series 1994A (Bonds) pursuant to the Act to provide temporary financing for the Improvements. 2. To provide temporary financing for the Improvements, the City will therefore issue and sell Bonds in the amount of $3,671,655. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will IlJItU279 A1l165-12 / be issued in the amount of $33,345. The excess of the purchase price of the Bonds over the sum of $3,671,655 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Official Terms of Proposal: DJlt74279 A11165-12 / THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS Will BE RECEIVED ON THE FOllOWING BASIS: TERMS OF PROPOSAL $3,705,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1994A Proposals for the Bonds will be received on Tuesday, September 20, 1994, until 11 :00 A.M., 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. DETAILS OF THE BONDS The Bonds will be dated October 1, 1994, as the date of original issue, and will bear interest payable on April 1 and October 1 of each year, commencing April 1, 1995. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature on October 1,1997. OPTIONAL REDEMPTION The City may elect on October 1, 1996, and on any day thereafter to prepay Bonds due on October 1,1997, Redemption may be in whole or in part and if in part by lot as selected by the registrar. 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 special assessments against benefited property, The proceeds will be used to finance improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $3,671,655 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 $37,050, payable to the order ofthe 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 - i - / 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 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. A single rate of interest shall be specified. 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, (ii) reject all proposals without cause, and, (iii) 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. 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. 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 - ii - subject to receipt by the purchaser of an approving legal opinion of Holmes & Graven, Chartered of Minneapolis, Minnesota, which opinion will be printed on the Bonds, 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. 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 150 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 16, 1994 BY ORDER OF THE CITY COUNCIL /sl Victoria Volk Clerk - Hi - 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 7:00 o'clock P.M. on Tuesday, September 20, 1994, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Counci1member , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. DJ1t14279 AIl165-12 .; " & III i E . ~ .sa. _E i; CD . c~ CQ. -E ~. .1- ...~ ~- ,i cg c- <8 -. o ~ ~. -i OCl i:!.a _ l: ~ . _E 0" ct" :I .. < .e- :>gsoS !i:..0" ~U" .!!ipi5 Cl:~ ,g < .... .. .. - .O~ ~:!l: .. .. o iil o.!! .. . ;: . III 1i IS oJ! ct .. o o .. i i .. . .. .. < .,: 8l_ - 0 .Ern 'i" . -sf. 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"' i~ .Q. ~ ; J!l} :!l i" E_ : ! :~ "''' 'i~ ~~ i1 u 0 ~i .; s ! .!!OtJ) u E "' iC~ tIl.S .!O~O - E Ii ~ "' USE ] 8 ::JE c..!:..... Ii" :l oi ~.E~ ':;".0 .!!~-s~ .5.-~ E.~O' '"tj U lit:: .... ai!Q. tii.!!"C ~.!!s.a .'eol .a!!i-- r! tl) - ! _ 8 i .2 .!:~11 u" .. U ..:!~.::. uu.." ..s:s~. ..... .. ~~:2: Wi .. ~ . iil .!! 'C l: o III 'ii o I- I. a: a: w STATE OF MINNESOTA) ) COUNTY OF ANOKA ) ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Tuesday, August 16, 1994, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $3,705,000 General Obligation Temporary Improvement Bonds, Series 1994Aof the City. WITNESS My hand as City Clerk and the corporate seal of the City this _ day of , 1994. .I City Clerk City of Andover, Minnesota (SEAL) rolt7U79 A1I165-12 Extract of Minutes of Meeting of the City Council of the City of Andover, Anoka County, Minnesota Pursuant to due call and notice thereof a regularmeeting of the City Council of the City of Andover, Anoka County, Minnesota, was held at the City Hall in the City on Tuesday, August 16, 1994, commencing at 7:00 o'clock P,M. The following members of the Council were present: and the following were absent: . . . . . . . . . The following resolution was presented by Councilmember who moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,140,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1994B BE IT RESOLVED By the City Council of the City of Andover, Anoka County, Minnesota (City) as follows: 1. It is hereby determined that: (a) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act) (See Exhibit A); ) (b) it is necessary and expedient to the sound financial management of the affairs of the City to issue $1,140,000 General Obligation Improvement Bonds, Series 1994B (Bonds) pursuant to the Act to provide financing for the Improvements. DJl(74275 A11165-12 2. To provide financing for the Improvements, the City will issue and sell Bonds in the amount of $1,125,180. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $14 J 820. The excess of the purchase price of the Bonds over the sum of $1,125,180 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal : DJlt74275 AIU65-12 08/09/94 12:16 FAX 612 223 3002 SPRINGSTED I~~_.. IaI 002/002 THE CITY HAS AUTHORIZED SPRlNGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,140,000 CITY OF ANDOVER. MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 19948 \ ,I / Proposals for the Bonds will be received on Tuesday. September 20, 1994, until 11:00 A.M., Central1ime, at the offices of Springsted Incorporated, B5 East Seventh Place. Suite 100. Saint Paul, Minnesota, after which time they Wil be opened and tabulated. Consideration for awam ofthe Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated October 1,1994, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1995. Interest will be computed on the ba$is of a 36D-day year of twelve 3O-day months. The Bonds will be ISSUed in the denomination of $5,000 each. or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the miUl corporate office of the registrar and interest on each Bond Will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1991 $115,000 1998 $110,000 1999 $110,000 2000 $115,000 2001 $115,000 2002 $115,000 2003 $120,000 2004 $120,000 2005 $125,000 2006 $ 95,000 OPTIONAL REDEMPTlON The City may elect on February 1. 2004, and on any day thereafter, to prepay Bonds due on or after February 1. 2005. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accn.led interest SECURllY 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 WiD pledge special assessments against benefited property. The proceeds will be used to finance improvements within the City. j TYPE OF PROPOSALS Proposals shan be for not less than $1,125,180 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Depositj in -1- 08/08/84 11:18 FAl 612 223 3002 SPRINGSTED INC. ...... Holaes .. Graven Ial 007/010 the form of a certified or cashier's check or a Financial Surety Bond in the amount of $11,400, 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 Ucensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Sprlngsted 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 lime, on the next business day foDewing the award. If such Deposit is not received by that time, the Financlal 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 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 51100 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 informarlties of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (il) reject all proposals without cause, and, (1ft) 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. 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. CUSIP NUMBERS 'c ) 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 -ii- 08/08/94 11:19 FAX 612 223 3002 SPRINGSTED INC. ...... Holme6 "Graven 1aI008/010 J 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 Holmes & Graven, Chartered of Minneapolis, Minnesota, which opinion will be printed on the Bonds, 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 lime. Except as compliance with the tenns 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. OFFICIAL STATEMENT J 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 40 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 ita 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 16.1994 BY ORDER OF THE CITY COUNCIL Isl Victoria Volk Clerk -ii1- I 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 7:00 o'clock P.M. on Tuesday, September 20,1994, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. / DJ1t74275 AJ11165-12 , / .; ~ C o asll:l -- OC CI)~ ~~ CO ~~ ...-~ CD 0 '0- - . ,JSP c- <8 -- o. M ~! oc! tlJ!l.o Gl C O'Gl ME n.: Gl '" ~ ~1r'i osg .-'.:! Gl..:u: Z.".... . .. 'i - .aNI n.-Gl s- _ C 0.- l3 ;,;8'E :J C :J.. D: Cl 0 ~ ~CJ:2 I) .Il al =0 <0 - ;';08 .2J!1c n.S!! oJ! lI:l ... ell ell .. .. J! ci tl Cl Gl 0'J!1 Q:S (.) J!I C ~ j tl Gl o M n. n Gl l!! - C/J Gl ~ :J/t. ~ 10'2 I 0 ..z elI- ji .. .5 j c: .! o - J!I C ~ '" II '" ~ ... I'- o ~ tit N I/) q, .. tit N ... .. - tit :ll O!. ... I'- tit ~ z ~ cl.c "a; II/) .... elI- ~ - J!i '0:; ~ ~ E C : jJ!31 c:~1II !gj Ills J!lCGl c8~ ~o~ ::I .~ :ljig ~..tIt .5 j ... .! s J!I C Gl E GI :I '" ~ 10 J::: g .. .. "!. ... .. ~ ~ g -e Gl ~ Gl C/J E o CiS ::. 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J!! c: ~ I ~ i ~ ~ ~ e ~ ~ ~ ~ s! w 8 z ~ o z w a: ~ a: w C/J ~ - u: Gl :J J! ~ 8 al ~ ~ J!! .S .;i (,) ... c:- Ql.l!! 0)'- ~~ ~'2 "tI~ c:- ~ 8 ~.~ :!!"tl ,jQQl c:'S e~ "tic: ~~ ~.;j =:~ ,S J!! ~~ ~~ 13~ Ss ~~ ---:e, ~ Gl ii o 0. S .5 c w ~ C/J Cl z a: n. C/J >. .0 i !. Gl M n. ... ell I Cl :J < I II) o ~ ~ / STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER ) ) ) ) ) I. the undersigned. being the duly qualified and acting City Clerk of the City of Andover, Minnesota. hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Tuesday, August 16, 1994, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes. insofar as they relate to the issuance and sale of $1,140,000 General Obligation Improvement Bonds, Series 1994B of the City, WITNESS My hand as City Clerk and the corporate seal of the City this _ day of .19_, J City Clerk City of Andover. Minnesota (SEAL) DJl\74275 A11165-12 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 16, 1994 Discussion Item Todd J. Haas, Engineering V ~ APPROVED FOR AGENDA AGENDA t\O. SECTION ORIGINATING DEPARTMENT ITEM t\O. Approve Remove stop Signs/ 141st & Flora ~~ ~ The city Council is requested to consider removal of the stop signs at the intersection of Flora street NW and 141st Avenue NW as requested by Lloyd Wittiker, area resident. AS you know, there are a number of intersections within the City that have unwarranted stop signs. The City Council at their January 18, 1994 meeting understood that staff will need to I evaluate each of those intersections and forward that information to the Road Committee. Due to lack of time, we have been unable to review these in 1994 and therefore have been unable to forward any information to the Road Committee. In reviewing the Minnesota Manual of Uniform Traffic Control Devices on warrants for stop signs, 141st Avenue NW is considered a through street or main street of the intersection. Therefore, those stop signs for the east-west traffic do not meet warrants. The Council should direct Staff to carefully consider MUTCD warrants, accident histories and traffic counts and speeds before making a final decision. MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE August 16, 1994 AGENDA SECTION t-n Non-Discussion/Consent Agenda ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-n Approve Revised Rum River Central Regional Park Master plan Todd J. Haas, Engineering ~\'" BY\}1 .$'. The City Council is requested to approve the resolution approving the revised Rum River Central Regional Park Master Plan. Please refer to the July 2, 1994 Park and Recreation Commission meeting minutes attached for additional information. MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION REGARDING THE RUM RIVER CENTRAL REGIONAL PARK. WHEREAS, the Parks Department of the County of Anoka has revised the master plan for Rum River Central Regional Park; and WHEREAS, the revised master plan has been reviewed by the park and Recreation Commission of the City of Andover; and WHEREAS, the Andover Park and Recreation Commission has found the revised master plan to be consistent with the pertinent sections of the Comprehensive plan and the other recreation plans of the City of Andover; and WHEREAS, the Andover Park and Recreation Commission has recommended that the Andover City Council adopt a resolution approving the revised master plan. NOW, THEREFORE, BE IT RESOLVED that: 1. The City of Andover recommends that Anoka County adopt the revised master plan for Rum River Central Regional Park. 2. The City of Andover recommends that the Metropolitan Parks and Open Space Commission and the Metropolitan Council approve the revised master plan for Rum River Central Regional park and provide regional park grants to implement planned recreational development according to the concept in the plan. Adopted by the City Council of the City of Andover this 16th day of August 19 94. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: Victoria Volk - City Clerk I / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PARK AND RECREATION COMMISSION - JULY 21, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover Park and Recreation Commission was called to order by Chairperson Darrell DeLarco on July 21, 1994, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Dave Erickson, Jim Lindahl, Jeff Kieffer, Dave O'Toole Torn Anderson, Roger Paulson Assistant City Engineer, Todd Haas City Administrator, Dick Fursman Others Commissioners absent: Also present: RESIDENT FORUM . / James Thacher, 14034 Drake Street - stated he addressed the City Council about nine months ago about the entrances to the park. He tried seeding it, but the rain washed everything away. They have maintained it by keeping the weeds mowed, but nothing was done to that entrance by the City. He didn't think it would cost the City much to lay some sod to keep the weeds from spreading onto his property. He'd prefer sod until something more permanent such as bituminous can be put down. The Commission remembered the issue was discussed before and agreed something should be done. One suggestion was to make an ag lime path. Mr. Haas agreed to check into it further. APPROVAL OF MINUTES June 16, 1994: Correct as written. MOTION by Lindahl, Seconded by Kieffer, that the Minutes from the June 16 Meeting be approved as written. Motion carried on a 3-Yes (Lindahl, Kieffer, O'Toole), 2-present (DeLarco, Erickson), 2-Absent (Anderson, Paulson) vote. JACK MAURITZ, RUM RIVER PARK MASTER PLAN DISCUSSION Jack, Mauritz, consultant for the Anoka County Parks Department, reviewed the revised Rum River Park Master Plan. He noted the proposed changes and the various activities planned for the park. It consists of 334 acres of land that is owned by the county, and he is recommending no other land be purchased. Commissioner Kieffer noted if the additional land to the east is not purchased, it limits the amount of access to the river from the east side, the Andover side. Mr. Mauritz pointed out other access points on the east side along the length of the Rum River, though he noted the concern and will forward it Regular Andover Park and Recreation Commission Meeting Minutes - July 21, 1994 Page 2 (Rum River Park Master Plan Discussion, Continued) to the county. He continued, the plan calls for the development of the park in two phases. " The first would include the river access, canoe camping, about one-half of the picnic areas, hiking trails and family camping facilities. The camping facilities will include spaces with hookups, some without, and some secluded tent sites. The camping facilities is estimated to cost $600,000, and he will be proposing to the county that they use the concession approach. The county would provide the land; a concessioner would develop the campground and operate it for a period of time to be negotiated with the county. During that time the county gets some percentage of the revenue. At the end of the time period the county can either renew the agreement, find another operator, or decide to operate the campground itself. They will be asking the Metropolitan Council for $1.2 million for the first phase, which excludes the campground. If a concessioner is found, they can tell the Metropolitan Council the county ~ill get the rest of the money for the campground. He hoped the first phase could be under construction in 1996, 1998 at the latest. The Commission asked about the regional park proposed in Anoka. Mr. Mauritz understood the City of Anoka has now decided they would like to develop about half of the land initially set aside for the regional J park, located just north of Anoka Senior High. The City is intending to keep about 125 acres along the river and maintain it as a City park. Because Anoka County wants to see the Mississippi River park as a regional park, they may pursue an exchange of regional parks. MOTION by O'Toole, Seconded by Erickson, recommending to the City Council that they approve the revised version of the Rum River Park Master Plan. Motion carried on a 5-Yes, 2-Absent (Anderson, Paulson) vote. Commissioner Kieffer again noted his concern of limited county access to the river from the east. PARK BOND DISCUSSION, DICK FURSMAN Mr. Fursman stated he has talked to the Council about a park bond and has agreement that a spring bond election is preferable to a referendum on the general election in November. The Commission generally agreed with a spring election. Mr. Fursman advised the Commission to go through all the areas they want covered in under a park bond. They should develop a comprehensive list, from which Bob Thistle of Springsted will do a cost analysis on ~he different items. After that the Commission will make a determination of what level of bond issue they would recommend. That will allow time to inform the various groups in the City who would be interested in promoting the bond. The Commission felt it would be beneficial to have a recent census of the City, and it was noted that the school district probably has a relatively accurate census. The Commission thought Mr. Starr had already started a list of items to be financed with a park bond. It was generally agreed to discuss that list in further detail at the August 18 meeting. () , \ '\.J I / John Godfrey (Jack) Mauritz 6930 Tecumseh Lane, Chanhassen, MN 55317 (612) 474-5618 RECEIVED July 8, 1994 ~. ~. . JUL 8 1994 CITY OF ANDOVER TO: Todd Haas FM: Jack Mauritz RE: Rum River Central ~1aster Plan, Revised Draft Todd: Here is a copy of the revised Haster Plan Draft. Please review and comment. I hope you will find it consistent with everything we talked about in June. If you have any questions or find a problem, please call me at 757-3920 IAnoka Parks} or at 474-5618 1 My home office). I apoligize for not being able to deliver a set of maps and graphics with this draft, they are still in preparation. I will have the key ones to show your commission, 17:30 PM on July 21), and hope to have at least a good aerial photo and park development concept to distribute at that time. If you want your commission to , have a preview document, may I suggest that you copy the first section, / {Introduction and Executive Summary}. If you feel they need all of the complete master plan set, you are certainly free to copy it for them. If you prefer, I can have copies of the first section for them at the meeting on the 21th. If your commission OKs the plan, I will ask them to recommend a resolution to your City Council. I will have a model resolution with me on the 21st, if its needed. Thanks very much, I appreciate your help. ,) /} kauritz (/ RRADOl I / , , , \ 07.05.94 DRAFT FOR REVIEW RRCMP - Intd. A KASTER PLAN FOR RUM RIVER CENTRAL REGIONAL PARK Anoka County, Minnesota AUTHORITY: The 1994 Master Plan for Rum River Central Regional Park has been prepared by Anoka County for review and approval by the Metropolitan Council, upon recommendation by the Metropolitan Parks and Open Space Commission, according to Minn. Stat. 473.147 and Minn. Stat. 473.301-351. HISTORY: Anoka County first prepared a comprehensive county park plan in 1968, at which time the present Rum River central site was designated as a future large recreational park. The County first acquired land at Rum River Central in 1972. As of January 1, 1993, Anoka County owned 434 Acres in Rum River Central Regional Park Following establishment of the regional recreation open space system, the County submitted a regional park master plan for the Rum River Park Site in April of 1975, which was approved by Metropolitan Council. There have been minor amendments since ' " 1975, this 1994 revision is a product of the first complete reconsideration of the master plan. LOCATION: Rum River Central RP is located on the west bank of the Rum River in west-central Anoka County, just opposite its junction with Cedar Creek, which enters from the east. The north half of the park lies in the southwest corner of the City of Oak Grove, essentially Sec. 31 of T33N, R24W. The south half is in the west part of Sec. 6 of T32N, R24W, formerly part of Andover, now under the municipal jurisdiction of the City of Ramsey. The park entrance, on the west side of the park, in Ramsey, is approximatelY 6.5 miles north of U.S. 10, in Anoka, via C.s.A.H. 7, and about 1.5 miles west of S.T.H. 47, in Ramsey, via C.S.A.H. 27. The enclosed map, Fig. Intd.-1, shows the park and the surrounding part of Anoka County. STATE DESIGNATION The part of Rum River Central Regional Park adjacent to the river lies within a Scenic and Recreational River designated by the State of Minnesota, administered by Minn. Department of Natural Resources. The program regulates development and other land use parameters within the designated boundaries. See Fig. Intd.-2. () , \ ~ RRCMP, Intd.-p.2 ) MASTER PLAN ORGANIZATION: Following the Introductory Section, which also serves as an Executive Summary, the plan is organized in ten sections, conforming to the Metropolitan Council's Recreation Open Space Development Guide, 1991. The sections, and their content, are as follows: I Boundaries and Acquisition Costs... describes the natural and recreational resources in the park. It reviews acquisition and concludes that adequate land has been acquired for a functional regional park. Therefore, the plan deletes proposed acquisition on the east side of Rum River. II Stewardship Plan... itemizes the services provided to park properties by Anoka Co. Parks Department and shows the sources of funds. It also discusses potential revenues, if Phase I were developed in 1994. III Demand Forecast... analyzes existing demand information supplemented by recent input from County and city staff and commissioners. The plan concludes that the proposed facilities/services in the J 1982 needs statement are proper but that the capacities are minimal. Some reasons are cited for that conclusion. The plan also reports an inventory of other parks in the IS mile circle (service area) of Rum River Central RP. IV Development Concept... itemizes improvements and phases recommended for regional development. Major facilities and estimated costs for Phase I include: Fees & Contingency, @ 1S% TOTAL, PHASE I CIP $ 52,500 75,000 602,500 475,000 202,000 189,000 247,300 $1,895,800 River Access Canoe Camping Family Camping Family & Group Picnic Trails Visitor Service & Management , ~ RRCMP, p. Intd.-3 The plan proposes that the County explore private funding before seeking regional grant funds for the family campground. v Conflicts... wherein, no conflicts with other plans were found. VI Public Services... for park use are itemized as follows: River access, upstream. Roads and Bridges Sewer and Water Electric Service Public Transportation/Transit VII Operations... discusses: The County's Operating Park Ordinances Planned Operating and Maintenance Staffing An estimated operating cost, tentatively set at $50,000 per annum. Special operational concerns; Energy management and conservation . Solid waste management and recycling ~ VIII Citizen Participation... describes meetings at which the Rum River Central Regional Park Master Plan was explained to local officials and to the public. Comments and responses are included. A County resolution adopting the master plan is attached. IX Public Awareness... describes parks marketing and public information dissemination by the County. It also points out the County's intent to continue to participate in Metropolitan Council, Metropolitan Parks and Open Space Commission and other Implementing Agencies' public information activities. X Special Needs... reports a self-evaluation and transition plan for compliance of county operated facilities with the Americans with Disabilities Act. The County Parks Department participated and has begun work on the items most in need of modification. As more funds become available, the work will continue. In 1994, all new facilities are reviewed for compliance before they are built. , \ rrcmpind u DRAFT FOR REVIEW o RRCMP:I-1 07.05.94 , / RUM RIVER CENTRAL REGIONAL PARK MASTER PLAN Section I: Boundaries and Acquisition Costs Natural Resources: The Rum River is both the principal water resource and the major attraction for this regional park. In this stretch the Rum is a gently flowing middle-sized river, with better than average water quality. The river has few rapids or obstructions, other than short riffles with small boulders. Along the park it flows mostly over sand bottom where pools alternate with shallower reaches. The combination of good water quality and pleasant landscapes, with little development, led to scenic and recreational designation by the state. Moderate flow, few rapids, sandy bottom and an attractive, well- vegetated shore have led to the Rum River's popularity as a family and youth group canoe route. Under most conditions a trip down this stream is easy and safe, even for inexperienced paddlers. The Rum has a good reputation as a fishery. It is best known for Smallmouth Bass and Northern Pike, but Walleye, Catfish and several kinds of panfish are also caught. Minnesota Department ,j of Health lists few consumption advisories for fish from the Rum, suggesting limits only for the larger size classes of Carp and Walleye. The park includes nearly four miles of Rum River shoreline. Most of the shoreline is along a wide floodplain which is frequently inundated during spring rises and occasionally at other times in the year. other low-lying lands within the park are less frequently inundated but are still within the 100 year floodplain, the boundary of which is marked on Figure I-1. The floodplain supports a well-developed forest, open under the canopy, with dense undergrowth along the edges and in openings. Dominant tree species include Silver Maple, Willow, and Cottonwood, with Hackberry, Elm, Red Maple and Ash on slightly drier rises. Brushy species include Willows, Bog Birch, Alder and Elderberry. Grasses, Sedges and Herbs, especially Nettle, fill in any bare ground in the floodplain. The aerial photo, (Fig. I-1) shows much of the park away from the river to be gently rolling upland, with a few wetland basins. The park is located in a transition zone, (an outwash plain) between the Des Moines Till Plain which forms the st. Francis Hills to the north and west, and the Anoka Sand Plain to the south and east. Upland soils, derived from fine lake sands and sandy terraces, are light, generally with a high mineral content and a rather low organic component. " I F , RRCMP, p. I-2 Upland vegetation types include Burr and Red Oak-dominated woodland, some of which may be overgrown savannah, some open upland sites which are Oak-savannah and prairie remnants, and abandoned agricultural land which is covered with dry meadow, brushy overgrown meadow and some Oak-aspen woodland. Birch, Sugar Maple, Basswood, and a few other tree species have established in the older woods. Several stands of mature Large- toothed Aspen are found at woodland edges. This location is near the southern range boundary for the species in Minnesota. Wetlands fill the basins where ground water is at or near the surface and organic soils have accumulated. Some of the wetlands may have held moist prairie, a few remnant species are found. Most were mowed or cultivated during past dry spells, which has worked in favor of Reed Canary Grass and other invasive wetland species. Vegetation cover types are outlined on the aerial photo, Fig.I-3. The park supports a diversity of wildlife populations. Floodplain forest has a well-known assemblage of animal species, including species such as Wood Ducks, White Tailed Deer and Raccoons. Less often mentioned are Red-shouldered Hawks, Common and Hooded Mergansers, and many reptiles and amphibians. ~ Wetlands including swamps, fens, marshes and moist prairies, are important to nesting waterfowl and to songbirds and wading birds as well. Amphibians and reptiles need wetlands, and also serve as indicators for water quality. Many of the upland habitats in the park are in succession from abandoned farmland and support an animal community typical of old fields, brushlands and woodlots. There are management implications. Certain bird and mammal populations, Canada Goose and White Tailed Deer for example, can become problems if left unmanaged for too long. Much of the park's uplands were savannah or prairie prior to agriculture. There is some evidence that groves of conifers, mostly White Pine, occurred along the Rum in Anoka County, though no sign has been found in the park. Discovery of promising prairie or pine remnant areas will prompt an active restoration plan. Forested areas, especially those with a high per cent of Red Oak, may require management to control Oak Wilt and other diseases. Recreation use areas will require tree planting and maintenance, turf management and wildlife plantings to r , maintain a good appearance and serve their outdoor recreation purposes. ( ) ~- \~ RRCMP, p. I-3 Minnesota DNR's Heritage Program and the County Biological Survey report that a few species of special concern are likely in Rum River Central RP. The only records immediate to the park, so far, have been of dead specimens on adjacent roads. Nearby observations of live Blanding's Turtles and of nesting Red- shouldered Hawks, however, indicate that they are present. For any plants or animals identified from the state list, information on special needs will be collected and written for use in detailed park development planning. Recreation Resources and Limitations: Rum River Central RP offers diverse upland habitats, in addition to the river and its floodplain. Suitable sites for the activities planned in the Development Concept, Section IV of this plan, are known. Areas with development limitations, such as steep slopes and wetlands, are mapped on Fig. I-1, as are existing roads, powerline corridors and other cultural features. \ I Recreation development is also restricted by the Minnesota Scenic and Recreation River designation. Structures need 150 foot setback from the normal high water mark, (river edge), and 30 feet from a bluffline if it is more than 150 feet from the river. River access features such as boat access, canoe campsites, fishing access and trails, are exempt from the setback but must be screened from the river by banks and vegetation. The setbacks affect where picnic shelters, campground buildings, parking lots and toilets may be constructed in this park. The park is outside the Metropolitan Urban Service Area, so municipal water and sewer are not available. Developments will require on-site wells and sanitary service. Soils characteristic of this part of Anoka County require special planning care with respect to water quality. Anoka County has encountered the same conditions in other regional and county parks and has coped with it successfully in such parks as the Rice Creek Chain of Lakes Park Reserve in Lino Lakes and at Lake George Regional Park in Oak Grove. Acquisition Status The 1975 master plan called for acquisition of 680 acres, with parcels on both the east and west banks of the Rum River. As of January 1, 1993, the county owned 434 acres, all on the west bank, bounded by the Rum River (est. 60%), C.S.A.H. 7 (est. 30%), and adjacent developed private parcels (est. 10%). , The 1975 plan boundary was amended in 1991. According to the plan shown in Fig. I-2, acquisition on the west side of the river is complete. Excluded parcels along the west boundary are residential and not necessary to planned park functions. If their status does not change, there is no reason to acquire them. /~ - \ RRCMP, p. I-4 There has been no acquisition on the east side of Rum River. The 1991 plan proposed 246 acres between the east bank of Rum River and the north bank of Cedar Creek, all owned by unwilling sellers. Analysis of the east bank parcels in terms of cost, need for the acreage, and park functions which the land might serve, (including a forecast of future impacts if the land is not acquired), found no persuasive arguments for acquiring these properties. The land will be expensive, is mostly open cropland, and the County already owns adequate land for all planned recreation functions. A scenario which considered private development of the east bank parcels showed that the land in Andover is in the floodplain of the Scenic River, hence, cannot be developed for any purpose. The north part of the property, in Oak Grove, could be developed for low density housing. It would be subject to the 150 foot setback from the river bank and the added 30 foot setback from the bluffline if more than 150 feet from the river, plus, any riverfront lot would have to have at least 200 feet of frontage. Development would be subject to a dedication requirement by Oak Grove, which has shown a preference to take river frontage in other parts of the city. In general, residential development of the east bank property appears likely to have little or no impact on the regional park. It is not likely to be adversely affected by park development on the west bank. Consequently, this revised master plan deletes all remaining planned acquisition, i.e., the properties on the east side of the river. , Necessary acquisition for Rum River Regional Park is complete. rrcmp-I , \ 07.05.94 (~)DRAFT FOR REVIEW \ ) RRCMP, II-l \ RUM RIVER CENTRAL REGIONAL PARK MASTER PLAN Section II: Stewardship Anoka County Parks Department currently provides stewardship as part of its maintenance in all regional and county park lands under its control. Erosion control, forestry, and mowing are joined with boundary fencing, resource protection, control of unauthorized use, animal control and other needed services currently provided to all parks by Anoka County park maintenance crews and park rangers and through contractual services. Management activities are paid for from: . the County's property tax levy, . user fees and charges in some parks and facilities, . State of Minnesota supplemental operations and maintenance grants through the Metropolitan Council and other grants, and . occasionally, by donated funds or volunteered services. Currently, no non-recreation uses are planned for this park, and no revenue is anticipated from such sources. / Under current County Policy, users at Rum River Central RP, which is without a swim facility, do not pay a general entrance or parking fee. If Phase I of the planned development were in place in 1994 and all facilities operated by Anoka County, user fees would be charged for: . . . . . picnic area reservations, group camp reservations, campgrounds campgrounds canoe campsites. $25 $25 $12 $10 $ 8 (hookups) (no hookups) There would be no charge to the public for any other activity in the park. I , rrcmp-2 07.05.94 ~- " I DRAFT FOR REVIEW RRCMP: III-l RUM RIVER CENTRAL REGIONAL PARK MASTER PLAN Section III: Demand Forecast: Recreation Demand Input: (1982) Needs Statement from Metropolitan Council: 1. 25 Acres of Picnic Area at 30 persons per acre (a large, river-oriented, low density facility is envisioned) 2. 50 Acres of Family Campground = 100 sites @ 2 per acre (dispersed campground with "few modern conveniences". However, access to sites by vehicle is assumed.) 3. Trails: Hiking ... Ski Touring 5 miles at 20 persons per mile (peak) 5 miles at 30 persons per mile (peak) 4. Other facilities: Canoe Launch Shore Fishing Primitive Camping, ( interpreted to imply "Canoe Camping") Interpretive Program In interviews, Anoka County Parks staff who work with the public and hear their requests for service reported that: 1. There is interest in features which provide access or otherwise support public use of the Rum River. People are canoeing and fishing the river and are asking for facilities which will make that a better experience. 2. There is a demand for canoe-camping sites on the river. Most requests come from youth groups, smaller family groups are also heard from. 3. Reserveable group sites, for picnics and other day-uses, are still in short supply in the County. Some of these should be for larger groups, perhaps up to 250. Most should be capable of handling up to 100. In addition, sites for family groups are still needed. If there were more of all of these, they would be used. 4. There are not enough family camping sites in Anoka County. / " RRCMP, p. II I - 2 . 1 '-_/ . , o , i / The nearest campground, operated by the County at Bunker Hills RP, is filled through the season, much of it by returning customers. The one at Rice Creek Chain of Lakes PR is increasing in use and is often filled. There are no nearby private campgrounds in Anoka County. The nearest is at Ham Lake, more than 10 miles to the east. There are private campgrounds in Sherburne Co., near Zimmerman and Elk River, both of which are more than 10 miles to the west. Campgrounds in Isanti Co. are even more distant. In interviews, parks and planning staff and park commissioners in Oak Grove and Andover suggested: 1. The primary interest in this area, for residents and for visitors, is public recreation use of the Rum River. Desired improvements include canoe and small craft access, shoreline fishing, picnic areas, trails (summer and winter) and canoe camping. 2. Group picnic (and other day-use) sites are too few in the area. The regional park is an appropriate place for them. 3. There are not enough family campgrounds in this part of the county. There are no private campgrounds. When a campground opens at Rum River Central, it should meet several levels of camping demand, ranging from owners of large RVs seeking water and electric hook-ups through tent campers seeking primitive sites. , / 4. Trail uses, winter and summer, continue to be high on the list of things requested for large open space parks. In addition to a good trail net, it appears that a trailhead/visitor contact building to support trail use, provide visitor information and serve as a focal point for park users would be a good idea. Population Pro;ections, Rum River Central RP Service Area: An analysis performed by Anoka County Planning, for the primary park service area, shows the Primary Service Area, with a 7 mile radius, had a 1990 population of 84,351 and a projected year-2000 population of 98,157, an increase of 16%. other Factors Affectinq Demand: 1. Metropolitan Council has extended the MUSA line to include the City of Anoka, formerly a "free standing growth center", bringing the line to within five miles of the park boundary. While the park remains outside the MUSA area, urban extension along the Mississippi, from 1980-90, halved the park's distance from the edge of the developed area. / ,-, \ RRCMP, p. I II - 3 2. Improved highway access to this part of the Metropolitan Area, using upgraded U.S.10jS.T.H.47, and upgraded U.s. 169 including the Mississippi River bridge in Anoka, is another factor bringing Rum River Central closer to the urban area. The effects are felt not only in Anoka but throughout this part of Anoka County. Oak Grove Township has become a City and Andover has experienced rapid growth. 3. The park will offer a combination of easy access to the Rum River and new, high-quality, recreation facilities, which suggests that it is likely to attract more than usual visitation from a somewhat larger service area. 3. User records at Bunker Hills family campground show a surprising number of year-after-year reservations for extended visits, i.e., longer than a weekend, by campers from nearby Minneapolis and st. Paul. People are using Bunker Hills campground as a vacation destination rather than as a transient campground. Hennepin Parks has observed the same kind of use at Baker Park Reserve's campground, on Lake Independence. A Rum River campground is likely to experience similar use. While conventional. wisdom has held that park campgrounds will attract users only if there is a swimming facility in the park, this plan does not call for swimming in Rum River Central RP. The County provides easily accessed swimming facilities at nearby \ Lake George RP (approx. 7 miles) on one of the best water quality lakes in the TCMA, and at lightly-used Twin Lakes County Park (approx. 8 miles). Warm weather canoeists on the Rum have more than adequate opportunities to swim in the course of their day. Figure III-1 shows the location of Rum River Central RP in Anoka County and depicts existing and proposed Regional, County and large municipal (>75 acres) parks within the same 7.5 mile radius used to show the park service area. Where known, existing and proposed improvements are shown for each park. Day use, "day camping" in most lexicons, continues to be a much requested service for large out door recreation areas. In Rum River Central RP, day camping can be provided at: Reservable Picnic Shelters, (3) Reservable "Group" Canoe Campsites, (4) Reservable "Clustered" sites in the carry-in part of the family campground. (4) Consideration of a fully developed group camp area, with overnight facilities, service buildings, etc. will take place if future demand justifies it. rr~-3 \ " , , / FIGURE I II-I; ) \ , ) Re(<~ -)nal, County and ParKS in the 15 mile River Central RP map copy Large (>~ 'acre) Municipal d' ,,/, A f ra IUS SerVIce rea 0 Rum Figure III-2; : ) Inventory parks (x r \ , J of available and proposed services in = In Place 0 = Proposed) .' " PARK Acre 1 2 3 4 5 6 7 8 9 1 1 1 1 1 0 1 2 3 4 Twin Lk 63 x x x L x Lk.Geo. 270 x x x 0 0 L x Bunker 1599 x x x x x x x x x x Miss.R 203 0 0 0 0 0 0 0 West R Rum R. 33 x R X So. Pen.Pt Anoka Kelcy, 99 0 x 0 0 And. Rum R. 87 x x R x No. Rum R. 434 0 0 0 0 x 0 x R 0 x 0 Cent. Actlvlty Code: 1. Family Camping 2. Group Camping 3. Family Picnic 4. Group Picnic 5. Swimming rranp-3 - " 6. Hiking Trails 7. Biking Trails 8. X-ski Trails 9. Water Access R - River L - Lake 10. RV Camping 11. Equest. Trails 12. Fishing 13. Archery 14. Nature Study / '\ / ./ ./ 07.05.94 C) DRAFT FOR REVIEW LiRCMP: IV-l RUM RIVER CENTRAL REGIONAL PARK MASTER PLAN Section IV: Development Concept Figure IV-I, the Development Concept Map, shows the general locations of planned developments. Proposed improvements, estimated costs in 1994 dollars and suggested phases of development are as follows: FACILITY IMPROVEMENT Phase I Phase II Phase III 1994 $ 1994 $ 1994 $ River Boat launch/canoe in-needs Access ramp upgrade Trail er parking in-needs upgrade Toil et 50,000 spur trails to 2,500 fishing access TOTALS 52,500 Canoe 4 Group Units; 13,000 Camping Pads,Tables,Rings @ 3,250 6 Family Units; 12,000 Pad,Table,Ring @ 2,000 Service Unit; 50,000 toilet,water, trash collctn. TOTALS 75,000 Famil y 10 pull-thru 50,000 50,000 Camping units, water/elec table/fire ring @ 5,000 25 back-in units, 100,000 100,000 water/elec table/ring @ 4,000 15 back-in units 37,500 37,500 table/ring @ 2,500 \ \ I 10 carry-in units 20,000 pad/table/ring @ 2,000 restroom,shower, 150,000 150,000 laundry bldg. toilet bldg. 100,000 100,000 dump station 75,000 bituminous, all 50,000 25,000 roads & parking play area, equip. 15,000 15,000 play meadow 5,000 5,000 TOTALS 602,500 482,500 Picnic, toilet bldg. @ 200,000 200,000 Group & 100,000 Family picnic shelters, 135,000 135,000 90,000 tables/grills @ 45,000 dispersed picnic 75,000 75,000 areas, tables/grills play area, equip. 15,000 15,000 play meadows, @ 10,000 10,000 5,000 bituminous, all 40,000 40,000 roads & parking TOTALS 475,000 475,000 90,000 Trails 7 mi., hiking & 140,000 X-ski trail 7 mi., surfaced 280,000 multi-purpose trail shelter, 50,000 toil ets & info. trail shelters, @ 10,000 5,000 trail & river 10,000 over! ooks @ 2500 I I " , \ , \ / \ " / . ; / / " '-- I \_~ 2 ,000 trai 1 -benches or 2,000 picnic tables @ 500 .. TOTALS 202,000 192,000 Visitor Visitor Contact, 125,000 Service & HQ & Shop Pk. Mgmt. Gatehouse 50,000 Utilities, under- 35,000 ground power Boundary Fencing, 54,000 9,000 ft. Landscaping & 50.000 site restoration TOTALS 189,000 125,000 River 52,500 Access Canoe 75,000 Camping Famil y 602,500 482,500 Camping Famil y & 475,000 475,000 90,000 Group Picnic Trails 202,000 192,000 Visitor 189,000 125,000 Service & Mgmt. All 1,648,500 1,274,500 90,000 Imprvrnts. Fees & @ 15% 247,300 191,200 13,500 Contngcy. TOTAL CIP 1,895,800 1,465,700 103,500 The total recommended for development of Rum River Central Regional Park, in 1994 dollars, is $3,465,000. Cost of the first phase is $1,895,000, including an estimated $602,500 for a campground to be constructed and operated as an enterprise, and including 15%, or $247,300, for fees and contingency. RRCMP, p. IV-4 ~-', , I Sources of Funding: c Anoka County's position is that all improvements in Rum River Central Regional Park are eligible for Development Grants in the Regional Recreation Open Space System maintained by Metropolitan Council. Because of recent difficulties experienced by the regional system, the County will also pursue an alternative funding path for the proposed Family Campground. If the alternative does not succeed, the County will request regional funds for that project, as well. A Campground Development Alternative: Anoka County will explore a concession approach to developing the Family Campground in this Regional Park. If this plan is approved, the County will request proposals from private sector developers to construct and operate Phase I of the family campground, under negotiated operating criteria. The County will retain an option to renew the operating agreement, at the end of a stipulated period (of several years), or require the operator to turn the facility over. If the operator wants out before the end of the operating period, the County will seek another operator or acquire the facility for its own operation at a pro- rated buyout price. If the concession approach to Phase I of the campground is successful, Phase II of the campground development could proceed under a similar agreement, upon . , demonstrated demand. rrcmp-4 \ 07.05.94 ~ DRAFT FOR REVIEW RUM RIVER CENTRAL REGIONAL PARK MASTER PLAN , ~RCMP:V-l \~) I Section V: Conflicts There are no known conflicts between this Master Plan and other existing or proposed project plans or land uses. The Master Plan for Rum River Central Regional Park is consistent with the Comprehensive Plans of Anoka County and the Cities of Andover, Ramsey and Oak Grove. In the County's opinion, based on preliminary discussion with MnDNR Trails and Waterways staff, it is also consistent with the Scenic and Recreational River Management Plan for Rum River. A copy of this revised plan has been forwarded to MnDNR for review. Rum River Trail Corridor: In the course of preparing the plan, the need to resolve the merits and feasibility of a Rum River Trail Corridor in at least Anoka County became apparent. Anoka County is ready to participate and recommends that the Metropolitan Council and/or Metropolitan Parks and Open Space Commission lead a feasibility study. Other stakeholders include Mn DNR - Trails and Waterways, the Cities of Anoka, Andover, Ramsey and Oak Grove, and logically, MnDOT and Isanti County. Possibly, this issue could be resolved as part of the preparation of a Regional Trail Plan, a process which has been underway for some time at Metropolitan Council. The fact that the corridor extends outside the metro region suggests a strong leadership role for the state agencies involved. Mountain Biking: Local park staff reported during interviews requests for places to use Mountain Bikes. the activity be considered in the Rum River Plan. that they receive They suggested that Central Regional Park After consideration, this plan recommends against mountain bike use in the park, except as biking will be permitted on surfaced trails in Phase II of development. In fact, all off road or off trail uses should be discouraged. The Anoka County Soils Map shows that upland soils in this park will not support off-road travel on level ground, much less at any grade. Soils are fine sands, with low organic content, and any break in plant cover allows "blow-outs" from wind erosion and "gullies" from water erosion. Once started, both are difficult, labor intensive and expensive to stop. Low ground soils are floodplain alluvium, very fine silt, which also erode and blow away when dry. These, too, need protection to maintain trail surfaces for any use. rrcmp-S ) 07.05.94 r'~ DRAFT FOR REVIEW , ' RR' 'P:VI-l RUM RIVER CENTRAL REGIONAL PARK MASTER PLAN Section VI: Public Services Necessary services for public recreation use of Rum River Central RP incl ude: River access/river travel: There are adequate public access points on the Rum River, up and downstream of the park, including those at Rum River North County Park, near st. Francis, and Rum River South Park, in Anoka, both operated by Anoka County. Roads and Bridges: Access to the park from the south and the north is via C.S.A.H. 7, which connects U.S. 10 and S.T.H. 47 in Anoka to the park entrance, and continues north along the park boundary to a junction with C.S.A.H. 22. The park may also be reached from.the west via C.S.A.H. 27, which connects S.T.H. 47 to a junction with C.S.A.H. 7 near the park entrance. Both highways are maintained by Anoka County. No improvements are needed for either road to allow public travel. Rum River bridges on C.S.A.H. 22, north of the park, and on C.S.A.H. 7 on the south, are both new. Sewer and water: , " No municipal sewer or water systems are available to Rum River Central RP. Water will be provided from wells. Sanitary sewer for toilets, campground buildings and other use areas will be met by either on-site systems or vault/holding tanks, as needed. In a few instances, low density or seasonal use areas may be served by portable toilets. No unusual issues or problems are envisioned. Anoka County Parks Department currently operates several county and regional parks in the same way. Cost projections for the development concept and for park management were made with this assumption. Electric Service: Electric service is available along C.S.A.H. 7. As explained elsewhere, the County will make every effort to place interior electric service underground. Trail s : Bikers and hikers can reach the park on the shoulder of C.S.A.H. 7. As yet, there are no grade-separated trails connecting to Rum River Central RP. This plan recommends a feasibility study for a Rum River Trail Corridor which would connect to the park. , \ RRCMP, p. VI-2 r, , ) '--- , , v Public Transportation/Transit: I Anoka County participates in a "dial-a-ride" service, called The Traveler, which can be used to access a developed Rum River Central RP. The service connects with MTC at Northdale Mall. Operating parameters include the requirement for groups or individuals to make a reservation far enough in advance to guarantee the pick-up will be scheduled. Various communities in the county are assigned days of the week for pick-up, destinations can be throughout the county on any day. Return trips can be scheduled on any day as well. There is a nominal fee for each ride. A copy of the 1974 Traveler is attached, it is under revision. rrcmp-6 / 07.05.94 r, DRAFT FOR REVIEW ,RRCMP:VII-1 J RUM RIVER CENTRAL REGIONAL PARK MASTER PLAN - , Section VII: Operations Operatinq Ordinances: Anoka County operates all county and regional parks under: Ordinance Regulating Parks in the Anoka County Park System The county document also incorporates pertinent Minnesota Statutes. Operations and Maintenance: Anoka County Parks Department provides maintenance for Rum River Central RP as part of its service to all county and regional parks in its system. In the future, most of the work will be performed by park keepers in Northern Operating Division crews, directed by a Division Foreman who reports to the Superintendent of Park Maintenance. As new developments open, necessary operating and maintenance personnel will be assigned. Shop services for all county parks now come from the Park Department's Central Maintenance Shop. Though major shop services will remain here (at Bunker Hills RP), future field services will be based at a new Northern Division Shop, planned for development in Lake George Regional Park in 1994-95, or as quickly as funding is . , obtained. Estimated Operatinq Costs: A hypothetical Annual Operating Cost for Rum River Central RP in 1994, with all Phase I developments in place, is estimated to be $50,000, plus any costs from the family campground enterprise. Operatinq Expenditures and Revenue Sources: The Anoka County Parks Department Operating Budget, in the County's Annual Financial Report tor 1993, showed actual expenditures of $3,699,258, including $1,011,902 for Capital Outlay, implying $2,687,356 for all park operating expenditures in 1993. RRCMP, p. VII-2 () G In the 1993 Report, Parks Revenues were as follows: , / Property Tax Tax Sales Licenses & Permits Services & Charges Intergovernmental .. $2,024,259 . . . . .. 11,358 . . . . . .. 1,379 .....534,259 ...1,015,636 Miscellaneous Revenue Internal Transfer ..... 163,603 . . . . .. 99,619 Total (53%) (<1%) (<1%) (14%) (incl. arena fees) (26%) (incl. a Regional Capital Grant of $765,280 and a Regional O&M Grant of $230,000) ( 4%) (incl. donations) ( 3%) (between depts.) .. $3,150,113 (100%) This implies $2,834,833 total park operating revenues, without the regional capital grant. Special Operational Concerns: 1. Energy Management and Conservation: Anoka County has not adopted an energy conservation policy, per se. Energy use by county employees is kept to a minimum by budget restrictions and the necessity to justify all budgeted expenditures. Park buildings are reviewed regularly for their condition, including energy efficiency of heating and cooling equipment, etc. New park building designs are reviewed with the architect for energy efficiency before construction is approved. Thus, there is a functional energy conservation program in the county, though without a formal adopted policy. .\ 2. Solid Waste Management and Recycling: In 1994, Anoka County Parks Department participates in a county- wide program coordinated by the County's Integrated Waste Management Unit. Park crews place and maintain recycling containers in all regional and county parks. A contracted hauler also provides 60 recycling containers in the busiest park sites. Park crews combine recyclables from "their" recyclable containers in the course of their regular maintenance and add them to the public's deposits in the 60 containers. The contractor services the 60 con~ainers as needed, charging the county on a per container basis. Anoka County operates a yard waste and wood chip composting program from a site in Bunker Hills RP. The program is well known in the county and used by many residents. rrClTq?-7 ;' 07.05.94 DRAFT FOR REVIEW RRCMP: IX-l '1 RUM RIVER CENTRAL AEGIONAL PARK MASTER PLAN' \ Section IX: Public Awareness \ Anoka County publishes and disseminates maps, brochures and special information pieces about its parks, facilities and programs. As new facilities come on line, announcements and invitations are sent through the public media and, where user groups can be identified, specific announcements and invitations are directed to them. For enterprise operations, such as golf courses and campgrounds, the County also purchases advertising as appropriate and necessary to the function. Anoka County has participated in every regional park marketing and public information activity open to it. The regional parks map is a good example. In addition to cooperating in production of this document, the County has actively participated in its distribution through all of the outlets that it has. It will continue to participate with Metropolitan Council, Metropolitan parks and Open Space Commission and other regional Implementing Agencies, as opportunity arises. Samples of Anoka County Park publications and Maps are attached as Figure IX-l r "-, rrc:rrp-9 " 07.05.94 DRAFT FOR REVIEW RRCMP:X-l , \ U r-, RUM RIVER CENTRAL,-~GIONAL PARK MASTER PLAN . / Section X: Special Needs: A team of Anoka County employees including County Parks staff, with the aid of a consultant, conducted a Self-evaluation and prepared a Transition Plan consistent with the Americans With Disabilities Act of 1990. Currently, the County is implementing a prioritized list of modifications, to bring its most used and most needed facilities into compliance with ADA. The County has funded some work in parks, other work is planned and/or being carried out with Legislative Commission on Minnesota Resources grant funds to the Regional Park System, through Metropolitan Council. The County is committed to carrying out the modifications called for in the transition plan, in both County and Regional Parks, as funding is found. New facilities will be planned to maximize compliance with ADA (and other standards and regulations) by County direction to staff as well as to consultants, planners and architects. rrcmp-10 ~ / 07.05.94 DRAFT FOR REVIEW RRCMP:VIII-l ,--~ ' '\ RUM RIVER CENTRAL .tEGIONAL PARK MASTER PLAN' Section VIII: Citizen Participation The 1994 Draft Master Plan for Rum River Central RP was presented in public meetings before the Oak Grove and Andover Park and Recreation Commissions on July 20 and July 21, respectively, and the Ramsey Park Commission on XX. The Commissions recommended that the City Councils endorse the master plan. The master plan has been reviewed by the Parks Committee of the Anoka County Board, which recommended its adoption to the Board of Commissioners. Adoption, by resolution, took place on XX. (See Fig. VIII-I, attached) Issues raised at the meetings are listed, with a response or comment added to each. . " rrcmp-8 -, CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE Auqust 16, 1994 Discussion Item Richard Fursman, Administration APPROVED FOR AGENDA AGENDA 1'0. SECTION ORIGINATING DEPARTMENT ITEM 1'0. School District Purchase of City Property BYQi~ 0' Attached with this item is a letter from the School District indicating an offer of $10,000 per acre for the school site. Staff requests Council direction as whether to accept the offer or have an independent appraisal done on the property to determine value. Note: Be advised that the City has not settled 100% on a site , for the new city hall. At one point the proposed elementary school site was considered as a potential site for ci ty hall. MOTION BY: SECOND BY: , SCHOOL BOARD: \ / Michael Sul/ican, Chair John Petcr.wlIl, Vice Chair Maureen Gaalaas, Clerk Ronald Manning, Treasurer Mark Te17lke, Director Leon Ulferts, Oirector koka HennePin Independent School District 11 Superintendent Douglas Otto August 3, 1994 Richard Fursman, City Administrator City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Dear Mr. Fursman: Educational Service Center 11299 Hanson Boulevard NW Coon Rapids, Minnesota 55433-3799 (612) 422-5500 (612) 422-7804 FAX RECEIVED . AU6 5 1994 ('ITY OF ANDOVER On several occasions we have discussed the seventeen-eighteen acre site owned by the City of Andover immediately north of Andover Elementary School. . , The intent of this letter is to make an offer to purchase the site from the City of Andover. The offer is to purchase the site for $10,000 per acre for all of the property not included in an existing right-of-way. The actual acreage would be determined by a registered land surveyor mutually agreed on by the City and School District. This offer is contingent on School Board approval and no hazardous materials on the site. Please let me know the reaction of the City at your earliest convenience. Thanks. Sincerely, 1~J~ Richard D. Nybeck Operations/Facilities Director RN:dp / cc: Superintendent Doug Otto Associate Superintendent Roger Giroux Equal opportunities for education and employment printed on recycled paper CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AUGUST 16,1994 AGENDA SECTION t-.O. MAYOR AND CITY COUNCIL ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-.O. WATER STUDY QUOTES FRANK O. STONE PUBLIC WORKS SUPERINTENDEN €J~ '/. AT A PAST COUNCIL MEETING, THE MAYOR AND COUNCIL WERE CONCERNED ABOUT THE COST OF THE PROFESSIONAL SERVICES OF TKDA FOR THE DEVELOPMENT OF OUR WATER EMERGENCY PREPAREDNESS AND CONSERVATION PLAN. THIS PLAN WAS PASSED BY THE 1993 LEGISLATURE AND MUST BE SUBMITTED FOR APPROVAL BY JANUARY 1,1996. THE GUIDELINES FOR THESE PLANS ARE CO-WRITTEN BY THE METROPOLITAN COUNCIL AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES (DNR). I WAS UNDER THE IMPRESSION THAT WE COULD NOT PROCEED WITH ANOTHER WELL UNTIL THESE REPORTS WERE COMPLETED. HOWEVER, AFTER TALKING WITH MR. JAMES M. JAPPS, COORDINATOR OF WATER APPROPRIATION PERMIT PROGRAM FOR THE DNR, I WAS TOLD THAT WE SHOULD PROCEED WITH OUR APPLICATION TO THE HEALTH DEPARTMENT. THE REASON BEING IS THAT THE GUIDELINES FOR WELLHEAD PROTECTION HAS NOT YET BEEN APPROVED AND POSSIBLY WILL NOT BE APPROVED FOR ANOTHER SIX TO EIGHTEEN MONTHS. CONSEQUENTLY, I ASKED TKDA TO REMOVE THE WELLHEAD PROTECTION FROM THEIR PROPOSAL AT THIS TIME. THIS REDUCES THEIR PROPOSAL TO $15,700.00 FOR THE WATER EMERGENCY PREPAREDNESS AND CONSERVATION PLAN. MR. VERNE JACOBSEN OF TKDA WILL BE PRESENT TO ANSWER ANY QUESTIONS. IN ADDITION, I CONTACTED PROGRESSIVE CONSULTING ENGINEERS, INC., THEY SUBMllTED A PROPOSAL OF $6,900.00 FOR THE WATER EMERGENCY PREPAREDNESS AND CONSERVATION PLAN. WE SHOULD START IMMEDIATELY ON WELL #5 AND BEGIN THE DEVELOPMENT OF THE WATER EMERGENCY PREPAREDNESS AND CONSERVATION PLAN WITH WHOMEVER COUNCIL APPROVES_ A COPY OF THE PROPOSALS IS AlTACHED. MOTION BY: TO: pce ~:~~:~n~~e~~~ 6:~::1~~~~:!58~~~~:~::'2)15~~~ August 3, 1994 Frank Stone Public Works Superintendent City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304-2612 Re: Emergency Preparedness and Conservation Plans Dear Mr. .Stone: We are pleased to submit this proposal for preparing an Emergency Preparedness Plan and Conservation Plan for the City of Andover, to meet the requirements of Chapter 186 1993 Legislation. '. Our work on this project will involve preparing options for water conservation by means of pricing, incentive programs for upgrading of plumbing, and establishing a policy for encouraging low maintenance landscaping. The Emergency Management Plan will set priorities for water use during a curtailment in supply, storage and distribution system. A list of items that would be considered during the preparation of the Emergency Management Plan and Conservation Plan is attached. We propose to complete these plans and obtain approval from the Department of Natural Resources and the Metropolitan Council. The cost of our effort is expected to be less than $6,900. Our fee includes two meetings with the staff and one presentation to the City Council. Any additional meetings with the staff or the City Council will be billed as additional services. We have completed an Emergency Management Plan for the City of Blaine and are presently working on plans for Lakeville and Oakdale. The Conservation and Emergency Plans are part of the Comprehensive Water Plan Update which we are completing for the City of Oakdale. As a member of the Advisory Committee to the Metropolitan Council I was intimately involved in development of the guidelines for preparation of these plans. I worked closely with Jim Japs from the Department of Natural Resources and Gary Obert from the Metropolitan Council. . Please call me should you have any questions. Sincerely, )J~ C;:f~ . Naeem Qureshi, P .E. , NQ/js Attachment cc: Daryl E. Sulander Civil . Structural · Water Supply · Municipal ~.~;:-<'":--~.>.... PROJECT UNDERSTANDING The City of Andover has a water system consisting of two towers and four wells, and a distribution system consisting of mains 6" to 16". The water system has two pressure zones. The higher pressure zone is served by Wells No.3 and 4 and a 1.0 million gallon (MG) tower. The lower pressure zone is served by Wells No. 1 and 2 and a 0.5 MG elevated storage reservoir. Both the pressure zones are interconnected by pressure reducing valves. The overflow elevation of the 0.5 MG tower is 1010 compared with 1055 for Tower No.2, a difference of only 45 feet or 19.5 psi. The 1993 State Law Chapter 186 now requires public water suppliers serving more than 1,000 persons to submit water emergency and conservation plans to the Department of Natural Resources. / The essential components of these plans . include a description of the municipal system, water utility operations, conservation program and emergency preparedness, and coordination of planning with adjoining cities. The plans are also to address problems and provide for an implementation program. Our approach to the project would be to assign a Project Manager, Naeem Qureshi, and a Project Engineer, Wesley Schevenius, with experience in completing these plans. Prior to the kickoff meeting we will provide you with a list of information necessary for completion of these plans. We will visit the City facilities including towers, wells and pumphouses, and discuss the system operation with the operating staff. The fact that there are two pressure zones limits the ability of the system to meet the emergency needs of the higher " pressure zone. This will be considered and options developed in consultation with the City Staff. We will complete the attached tasks and provide the staff with a draft report for review and comments. The fmal report will show trends of per capita consumption and will provide justification for water restriction if they become necessary. The conservation plan will also provide some guidelines for timing of sprinkling and help answer general customer questions. We plan to complete this project working closely with the City Staff. Emergency Preparedness and Water Conservation Plans Andover, }.IN Progressive Consulting Engineers, Inc. .." ,.~.~. ~.....' ') PCE, INCORPORATED Statement of Qualifications PCE, Inc. is a consulting engineering firm that provides responsive, high quality, and cost effective services to public and private agencies. PCE provides solutions to drinking water quality problems, develops equitable water rates, and solves plant operation problems. PCE also provides quality services in water distribution system analysis and design, source development, treatment plant design, upgrading existing plants and in impact analysis of the Safe Drinking Water Act Amendments. Experience of Key Staff \ ) , Naeem Qureshi, P.E. is a sanitary engineer with 27 years of experience in water treatment plant design, water distribution analysis and design, water quality, and water rate studies. Mr. Qureshi's educational qualifications include BS and MS degrees in Civil Engineering. He has authored three papers in the Journal for the American Water Works Association (AWWA). His work has also been published in Water Engineering and Management and American City and County. He has spoken at numerous A WW A North Central Section Annual Conferences and at operator schools. He is a member of the Coagulation and Filtration Committee for A WW A. He was involved in the publication of two (2) A WW A Manuals. John Lapointe, P.E. is a sanitary engineer with 15 years experience in the water supply field. Mr. Lapointe spent six years with the Iowa Department of Natural Resources where his duties included the review of reports, plans and specifications covering a full range of water system improvement projects. For the past nine years Mr. Lapointe has been providing consulting engineering services on projects such as water supply wells, water distribution system improvements, water storage facilities and water treatment plants. Among Mr. Lapointe's projects were a full scale pilot plant study of an innovative treatment method for the removal of radium from the Forest City, Iowa municipal water supply and an operational study of the Alexandria, MN Water Treatment Plant (WTP). John has a B.S. Degree in engineering and is a member of the AWWA. David Brown, P.E. has 5 years of experience in sanitary engineering including water main, pump station design, water treatment plant design, and metering station design. Mr. Brown has designed a 4.0 million gallon ground water storage reservoir, a 25 MGD pumping station and modifications to a WTP in Wilmette, IL. He has worked on pilot plant studies for the Cities of Brooklyn Park and Lakeville and design of a new WTP for Brooklyn Park. Mr. Brown has a B.S. Degree in Civil Engineering and is a member of the AWWA. Wesley Schevenius, EIT has 5 years experience in water distribution system modeling, watermain and pressure reducing station design, and water rate studies. He modeled the water distribution systems for the Cities of Cloquet, Brooklyn Center, Brooklyn Park, Inver Grove Heights, Lakeville and Minneapolis and has worked on water rate studies for the Cities of Brooklyn Park and Rochester. Wesley has an MS degree in Civil Engineering. p~ I Experience (Last 7 Years) Corrosivity Studies City ofBramerd, MN Water Ouality Studies City Belle Plaine, MN City ofEdinaLMN City ofInver Grove Heights, MN u.s. Air Force Base, Minneapolis, MN Water Treatment Plant Feasibilitv Studies City ofInver Grove Heights, MN City ofMilaca, MN (in progress) City of Redwood FalIs, NJN City of Winona, MN 3M Company, Cordova, II.. Pilot Plant Studies Ci!y ofBrookl)'I! park, MN City of Champlin I MN (in progress) City ofLaKeville, MN Water System Analyses City of Blaine, MN . . Ci~ of Brooklyn Center.. ~ City ofBrooldyn Park. 1'll'l City of Cloquet, :MN City of Hopkins MN City ofInver Grove Heights, MN City ofLakevillel MN City ofMinne~ohs, MN City of Oak dale, MN (in progress) Water Treatment Plant Designs City of Hopkins, MN Lagoon Overflow Treatment & Pumping Building, Minneapolis, MN (in progress) Water Treatment Plant Improvements, Brooklyn Park, MN Water Treatment Plant ExpanSIon, Brooklyn Park, MN (in progress) Water Rate Studies City of Brooklyn Park. MN Ci~ of Cloquet.. ~ City ofEdma, Nll'l City of Grand Rapids, MN City of Hastings, MN City gf OaJ(oale Ci~ of Minneapolis, MN City of Rochester, MN Water Plant Waste Treatment Lagoon Overflow Recycling System, St. Paul, MN Operational Reviews Spent Lime S-upematant System, St. Paul, MN Cooling Water Reinjection System, General Mills, Minneapolis, MN Water Treatment Plant, Brooklyn Park, MN Water Treatment Plant Milaca, MN Water Treatment Plant, Alexandria, MN Water Treatment Plant, Buffalo, MN Impact Assessment - Safe Drinking Water Act Amendments City of Elk River, MN . City of Cloquet, MN p~ . \ I '. J 8/94 c0 . d 11:H0l j TKDA ENGINEERS. ARCHITECTS. PLANNERS August 8, 1994 Mr. Frank Stone Public Works Supervisor City of Andover 1685 Crosstown Boulevard NW Andover, Minnesota 55304 Re: Community Water Supply Plan Dear Mr. Stone: TOLTZ, KINa, DUVALL, ANDI;FlSON AND ASSOQ'ATE8.INCOllPORATED ISQO PlPERJAFFf\AY PLAZA _ CEllAR STREE1' s.<lNT 'AUL, .....HESOTA 5$10'4140 PHONI.:1I1:IIZN_ FAX:II1:IiZN_ My letter dated June 15, 1994 details a work plan for preparation of the Community Water Supply Plan for the City of Andover. This WOl:k plan under Section D, includes items required for all metropolitan area water suppliers and Item 2 of that section deals with a well head protection program with the Minnesota Department of Health Wellhead Protection Rules. Draft requirements have been prepared by the Minnesota Department of health regarding wellhead protection and final approval of these roles is expected shortly. In discussion with Health Department, it is my undeIStanding that this item may be deleted from the initial community water supply plan and added as a requirement at a later date by the Minnesota Health Department when the City of Andover adds well supply to the system. Deletion of Item 2, from Section 0 of the Work Plan would reduce the estimated work effort required for the project by 56 hours and the estimated project cost by $4,100. Sincerely, CV~ . J Verne E.1 VEJ/mha cc: 10hn Davidson, TKDA G0/G0'd [800 G6G G19 l:Ia>i.L SG:[l v661-80-9nl:l Mr. Frank: Stone June 15, 1994 Page 4 I 4. Retrofitting programs to replace inefficient plumbing fixtures should be initiated. Develop long term plans to retrofit public buildings as a means to demonstrate environmental responsibility. 5. Pressure reduction can also be a means to control emergency responses to shortages. 6. After public review, the pIan should be formally adopted by the community and the water utility. D. Items for All Metropolitan Area Water Suppliers The 1993 Minnesota laws require that all local units of government in the seven-county metro area prepare an amendment to the local comprehensive pIan to address water supply. The focus of the pIan will be the short and long term impact of water use on the water supply of the metro area. Work effort required to complete this part of the study is estimated to be 70 hours. , 1. Coordination of planning efforts with other suppliers and public agencies which involves inter-community sharing of source, treatment and distribution of water and interconnections with neighboring communities that could lead to sub-regional self-reliance for long term water supply and critical emergency situations. Also identify joint pursuit of alternative sources of protection of existing sources. 2. The community should adopt a well head protection program in conformance with the recently adopted Minnesota Department of Health Wellhead Protection Rules. 3. Irnplementation program identifying ordinances and regulations that will be used to achieve the objectives and the components of the water supply pIan. Also in the implementation program will be a five-year capital improvement program that will be needed to accomplish the elements of the pIan and how the funds will be raised. In the implementation program the impact of the adoption of the water supply plan on the rest of the local comprehensive pIan should be addressed, including the implications for future growth of the community. The work effort required to complete tasks required to develop the Community Water Supply PIan for the City of Andover is estimated to be 260 hours with City staff assistance as discussed. Payment to TKDA for services provided under this project is estimated not to exceed $19,800. In delivering services for this project, we will not provide services or incur costs which will result in charges in excess of $19,800 unless authorized by you. . , .-. J ~ STATE OF [AD [N] ~ ~ @ "[j ~ DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD . ST. PAUL, MINNESOTA . 55155-40 ONR IN FOR"''' TlON (612) 296-6157 J October 14, 1993 Dear Public Water Supplier: SUBJECT: LAWS OF MINNESOTA 1993, CHAPTER 186 As you may know a bill related to water emergency preparedness and conservation was passed by the 1993 Legislature. Several provisions of this law affect public water suppliers that serve more than 1,000 people. This letter provides information on the implementation of these provisions. Enclosed is a co~y of Laws of Minnesota 1993, Chapter 186. Please note Sect10n 6, which amends Minnesota Statutes 103G.291, to include a Subdivision 3. Three parts of this subdivision are highlighted below along with information on implementation requirements. Minnesota statutes 103G.291, Subdivision 3 (a), Every public water supplier serving more than 1,000 people must submit an emergency and conservation plan to the commissioner for approval by January 1, 1996. The plan must address supply and demand reduction measures and allocation priorities and must identify alternative sources of water for use in an emergency. Public water suppliers must update the plan and submit it to the commissioner for approval every ten years. To comply with this provision you are required to submit water emergency and conservation plans to the DNR for approval by January 1, 1996. Enclosed are draft guidelines for developing these plans. These guidelines have already been reviewed by a task force that includes a number of utility and industry representatives. However, before finalizing the guidelines we would appreciate your comments. Please send any comments on the draft guidelines to me by November 12, 1993. Minnesota Statutes 103G.291, Subdivision 3 (b), Public water suppliers serving more than 1,000 people must employ water use demand reduction measures before requesting approval from the commissioner of health under section 144.383, paragraph (a), to construct a public water supply well or requesting an increase in the authorized volume of appropriation. Demand reduction measures must include evaluation of conservation rate structures and a public education program that may include a toilet and showerhead retrofit program. AN EQUAL OPPORTUNITY EMPLOYER Chapter 186 Page Two Reducing demand and improving water use efficiencies can be the low cost alternative when com~ared to the costs of constructing new wells or increas~ng wastewater treatment capacities. This provision requires demand reduction to be evaluated as an alternative to constructing new wells or requesting an increase in authorized water volumes. PUblic water suppliers (serving more than 1,000 people) that submit plan approval requests to the Department of Health (MDH) for new wells will be directed to contact the DNR for approval of. demand reduction measures. The DNR will review conservation plans that are on file along with any additional information submitted by the supplier. The DNR will then send the water supplier a letter regarding the adequacy of existing or proposed demand reduction measures. The DNR and MDH will coordinate our reviews to minimize any delays in the approval process. To e~edite the approval process we encourage pUblic water suppl1ers to document and evaluate existing demand reduction measures. Plans to improve or develop demand reduction programs should also be documented. Required demand reduction measures include an evaluation of rate structures and a public education program. Retrofit programs and regulations are other t~es of demand management measures that you may want to cons1der. ; Evaluation of rate structures has been a topic of debate and should be clarified. This provision of the law does not impact local control over setting crice levels based on cost of service for various customer categories. The statute requires evaluation of rate structures and their effectiveness to reduce demand. The intent is to move away from rate structures that provide little or no incentive to conserve, such as deClining block (price per unit decreases as water use increases) and flat (one fee for an unlimited volume of water) rate structures and towards uniform (same cost per unit) or even increasing block rates. The statute does not mandate immediate changes to rate structures. However, communities faced with rate increases, to fund Safe Drinking Water Act requirements or other needs, should consider changing to a uniform or other type of conservation rate structure. ; Kinnesota statutes 103G.291, Subdivision 3 (c), Public vater suppliers servinq aore than 1,000 people aust subait records that indicate the nuaber ot connections and amount ot use by custoaer cateqory and volume or vater unaccounted tor vith the annual report ot vater use required under section 103G.281, subdivision 3. . Annual water use reports will include a supplemental data sheet for reporting unaccounted for water and water volumes broken-down by customer category. Definitions for customer Chapter 186 Page Three categories can be found in Part I, of the draft guidelines. Please let us know about any record keeping problems involved with providing this information. . SUPPLIERS IN THB SEVEN COUNTY TWIN CITIES METROPOLITAN AREA If rou are a pUblic water supplier in the seven county Twin Cit1es Metropolitan Area be sure to read Sections 12, 13, and 14, which relate to comprehensive plan requirements. Further information on these requirements can be found in Part IV, of the draft guidelines or br calling Gary Oberts (612) 291-6484 at the Metropolitan Counc11. The Metropolitan Council will hold a hearing regarding these requirements on November 18, 1993. I hope this information is helpful. If you have any questions regarding the legislation or the draft guidelines, please contact me at 612/297-2835. / . Japs, Coordinator Appropriation Permit Program r.PA}..' :::;/::--~~- 1t Metropolitan Council Advocating regional economic. societal and environmental issues and solutions RECEiVED JAN 4 1994 CITY OF A/\JCOVER Janua:y 3, 1994 To: Parties Interested in the Preparation of Commun:t'j Water Supply Plans From: Dottie Rietow, Chair Subj~t: Water Supply Plan Content Guidelines amI Revi:;crl Guidelines for Council Review of Local Comprchensive Plan Amendm"nls On Dec::r:1ber 30. 1993, the Metropolitan Co1lJ1cil adopted guidelines for the rrep3ration of municipal \\<ater supply plans in accord with the requircments ('[ Chapter 186 of the 1993 !eg::;lat:ve session laws. These guideline:< were produced jointly ,..~th the Mil:r.~ola Department of Natural Resources (lJNR) after input was rec;civcd from II te!:ollicd advisory ':ommitiee of '-;ate:- suppliers, city planners amI resource i;llerests. A public: hearing .....as held by the Cound! on Ncvelnber )3, 1::-'93 and a st:llewide review was solicited by ih.,. DNR in hte 19S'.3. Tnc J.~e{iGi)\.hlan CoOI.r,d: :,ns als{} revised its "G'Jiddiflf:'s ['.,)r the Revi~w :Jf .A.:r:er:ccc i..o~a:' Compre~cnsjve Plans., since the newly prepared commu,dy "'<It!;:! slIpply plans wm amend !he !lubljr. [adlitiC1i sectiun ol the compreh:::lS:vC pla~. This o::lcument pro'.ide.; affected commuui;ies wi~h lkt:.i\;. on ~he m1lnner in which to sul:>mit a p!!'!'1 :lr:1cndment tc. ,he COULC:!. Both ()[ the ab0\'c H::rertalCed docun:ems are enclosed in thl:; mailillg for :.oi1r j;it~1r;nation. Communities with municipal water suppiie~ itl the. lvIctropcEtl1.!l Area will need to submit their water s<:pp1y plans by January 1, 1995. Qu;:sli011S or. flJ,:~ I-Ill lj[ tIle p:a!l C0!lteilt guidelines can be 'lnswercd by Jim Japs of the DNR-Divi.,!on of Watt.:r5 (2~7-2635) ar.d qu:',st;or,s Of, P'I,t IV or the co:-:tc.~t EUid~H:lC:; af i1ny of ::&c ccmp_r\:;').~ru.ivc pl;1f1 re.".iew gllilh:lines c.an b<; refer:-ee :0 r.Jary O:""'rls (')91-6431.1) .~f t1..e r~u~~l'l's Na"'p~; -::>~P-"--'~s -t'." _ _ "...... , v Ij __ _J..... ........1......1 _ "'.-,)....._1......_ 0> ....1...... Mears Park Centre 230 East Fifth Street SI. Paul, Minnesota 55101-1634 612291-6359 An Equal Opportunity Employer Fax 291-6550 TOO 291-0904 @ Recycled Paper CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqll!;t 1 n. 1 qq4 AGENDA t>O SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM t>O Planning -~ Ordinance No. 95 Boulevard Encroachments David L. Planning -<:-- Carlberg Director BY: 3. The city Council tabled this item at the August 2, 1994, City Council meeting requesting staff provide additional information and prepare an amendment to Ordinance No. 95, Boulevard Encroachments. Attached for Council review is the article on the Supreme Court decision referenced by Charlie Veiman at the August 2, 1994 meeting. What relevance the case and decision has on regulating boulevard encroachments is unclear. j Attached is a proposed amendment to Ordinance No. 95 as was discussed by the Council at the previous regularly scheduled meeting. In addition Ordinance no. 95 has been attached for Council review. MOTION BY: SECOND BY: '\ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 95C AN ORDINANCE AMENDING ORDINANCE NO. 95, REGULATING BOULEVARD ENCROACHMENTS AND PROVIDING FOR AN APPEAL PROCESS. The City Council of the City of Andover hereby ordains: Section 2. Definintions A. Encroachment. Encroachment shall mean any object, live or inanimate, situated within a public right-of-way, including but not limited to, posts, trees, bushes, rocks, utility poles and boxes, retaining walls, etc. B. Boulevard. Boulevard shall mean right-of-way extending from the right of way limit. C. Impede. Impede shall mean the interference with pedestrian traffic to an unreasonable degree. that area of a public back of the curb to the . J D. Imminent of damage to a mean the likelihood a pedestrian upon but not limited to, and fences, T ~s oes not Section 13. Compliance There shall encroachments existed prior be a 120 day amortization ~eriod for those in the boulevard that pose an ~mminent danger that to the adoption of this Ordinance. NOTE: All other sections of the Ordinance shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover this 16th day of August , 19 94 . CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor " Victoria Volk, City Clerk '1 Justices support property rights Governmental powers curbed New York Times Washington, D.C. n a substantial victor.' for advocates uf private propeny rights. the Su- preme Coun on Friday placed new limits on the ability of governments to require developers to set aside pan of their propeny for environmental or other public uses. The 5-4 decision. with a majority opinion by Chief Justice William Rehnquist. reflected a fundamental ideological division on a co un where curbing government land-use author- ity has long been a priority of the ~onser.'ative justices. The decision did not cast doubt on the coun's precedents upholding lo- cal governments' general zoning au- thority. The coun held that requiring a public easement as a condition of permis- sion 10 build or expand is an uncon- stitutional "taking" unless the gov- ernment can show a "rough proper- Court continued on page IIA ? Star Tribune/Saturday/June 25/1994 . .11A !Court/ Ruling says city ,didn't justify requirements Continued from page 1.-\ tionalitv" between the requirement and the' panicular harm posed by the development. such as increased traf- ~c or a heightened danger of flood- mg. The majority then applied that test to reject an Oregon city's requirement that the owner of a plumbing supply store, situated within a flood plain, must make 10 percent of her land available for a drainage area, bicycle path and creen space as a condition for appro\7alto double the size of her store and pa"e the parking lot. Reversing a decision by the Supreme Coun of Oregon. the majority found that Tigard. a suburb of Ponland. had not justified the requirements ",ith adequate precision. Tigard will have a chance to meet the majority's standard in funher proceedings in the state couns. Aside from the "rough-proponionali- tv" standard itself. which earlier Su- preme Coun decisions had suggested. the most imponant pan of the decl- sion lav in the coun's directions for applying the new test. The justices gave the city the b.urden of justifying its restrictions, a dlstmct and unexpected shift from current law, under which the landowner seeking to challenge a land-use re- striction has the burden of proving that the regulation would remove all or substantially all economic value from the propeny. Justice John Paul Stevens, in a strongly worded dissenting opinion, said the coun had "sturn bled badly" in placing new constitutional hur~les in the path of land-use regulation. Restrictions such as Tigard's were simply "a species of business regula- tion that heretofore warranted a strong presumption of constitutional validity," Stevens said. Rehnquist's opinion was joined by Justices Sandra Day O'Connor, An- thony Kennedy, Antonin Scalia and Clarence Thomas. Justices Harry Blackmun and Ruth Bader Ginsburg signed the dissenting opinion by Ste- vens' Justice David Souter filed a sepa;"te dissenting opinion. The case. Dolan \'So citv of Tiaard. represented without charge in her constitutional challenge by Orego- nians in Action. a propeny rights organization. Some en,'ironmentalists said gOVern- ments should be able to meet the coun's standard for proving a need to regulate the use of private land. "The good news is the coun's explicit recognition that land use can and should be regulated," said John Eche- verria of the ~ational Wildlife Feder- ation. In other decisions Friday, the coun: . Said that juries cannot have the last word on punitive damages and that states must make some form of judicial review available. The imme- diate effect of the 7-2 decision was limited. because among the 50 states and the federal government, only Or- egon pro,'ides no judicial review of the size of a jury's damage award. . Ruled 7-2 in a Mississippi case that a federal criminal defendant who seeks acquittal by reason of insanity does not have a right to have the jury instructed that if found to be insane he will be committed to a mental hospital and not freed until he is no longer dangerous. . Ruled 5-4 that the police are not obliged to stop questioning a suspect who makes an ambiguous request to have a lawyer present. The law is clear; in cases following the coun's 1966 landmark decision, Miranda vs. Arizona, the police must stop ques- tioning suspects who invoke their right to counseL But lower couns have been divided about what hap- pens when the request for counsel is less than clear. The court handed down seven deci- sions Friday, leaving nine cases un- decided as the justices push to con- clude the 1993-94 term sometime next week. Among the remaining cases are several of the most impor- tant of the term: the validity of an injunction curbing protests against abonion at a Florida abonion clinic; the constitutionality of a New York City public school district created for the benefit of a Jewish sect, the Sat- mar Hasidim; the constitutionality of a federal law that requires cable tele- vision systems to transmit the signals of local broadcasl stations and two ; t a 1 0; cz Ct w. It Ie b !; P a I. S ~ r '~ ~;,::.r~~~...... ~'~f' ..,,~ , ,\, /1".. t >> \~/ CITY of ANDOVER ~ / 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Dave Carlberg - City Planner File Frank Stone - Superintendent of Public Works Dept. August 11,1994 Boulevard Encroachment Ordinance Reasons that trees should not be in the boulevards: " - Root damage to streets, curbs and resident's sanitary sewer line: Small hair roots work their way into sanitary sewer services and they plug the line. Also, as they grow larger, they break pipes. The cleaning and repair work cost residents a lot of money. J - They will be in the way of utility lines, sidewalks, snow storage, etc. - For safety reasons: They block sight distance at street intersections of vehicles backing out of driveways, children darting out after balls, etc. If you look at the streets in seven year or older neighborhoods, the trees have branched out into the boulevards but do not interfere with any of the above items. If we allow trees in the boulevards, sooner or later the tree trimming budget will become a very large budget item. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 95 AN ORDINANCE REGULATING BOULEVARD ENCROACHMENTS AND PROVIDING FOR AN APPEAL PROCESS. The City Council of the City of Andover hereby ordains: Section 1. Purpose It is hereby declared to be the policy of the City of Andover to promote and provide unrestricted and safe passage within boulevard areas in public rights-of-way while at the same time promoting the betterment of the aesthetic qualities of the community. The Council recognizes that certain encroachments located within the boulevard area will impede the safe and free flow of pedestrian traffic and will cause imminent danger to vehicular traffic, including bicycles, leaving the paved surface area. The Council further recognizes that certain improvements to the boulevard area will neither impede pedestrian traffic nor create imminent danger to vehicular traffic leaving the street. The Council also recognizes that certain encroachments which could constitite an imminent danger to vehicular traffic are / permitted within the boulevard area out of necessity. In an attempt to balance these diverse interests, the Council adopts the following regulations. Section 2. Definitions A. Encroachment. Encroachment shall mean any object, live or ~nanimate, situated within a public right-of-way, including but not limited to, posts, trees, bushes, rocks, utility poles and boxes, retaining walls, etc. B. Boulevard. Boulevard shall mean that right-of-way extending from the back of right-of-way limit. C. Impede. Impede shall mean the interference with pedestrian traff~c to an unreasonable degree. area of a public the curb to the D. Imminent Danger. Imminent danger shall mean the likelihood of damage to a vehicle or injury to a pedestrian upon contact with the encroachment. Page 2 \ Section 3. Permit Any person who intends to place an encroachment as defined herein within the public right-of-way shall obtain a permit prior thereto from the City of Andover unless such encroachment is excepted pursuant to Section 4 hereof. No permit shall be granted for encroachments which would be considered nuisances as defined in Section 5 herein. Section 4. Exceptions The terms and provisions of this ordinance shall not apply to the following: A. Mailbox or newspaper delivery box stands, which must meet US Postal Regulations for their position, height and setback. (95A, 10-05-93) B. Traffic and directional signs. C. Utility poles and utility structures. D. Fire hydrants E. Bus shelters or benches ) Section 5. Nuisances Any encroachment located impedes pedestrian traffic vehicular or pedestrian public nuisance. within a public right-of-way which or constitutes imminent danger to traffic on any boulevard constitutes a Section 6. Sight Triangles Encroachments within a sight triangle as defined in City Ordinance 8 shall meet the requirements of this ordinance or Ordinance 8, whichever is more restrictive. Section 7. Maintenance of Boulevard Except as may be prohibited by this Ordinance or other provisions of the City Ordinances, the owner or occupant of property abutting a public right-of-way shall be responsible for the maintenance of the boulevard area adjacent to their property. The owner or occupant shall at a minimum maintain the lawn and trees in the boulevard. Any additional improvements made shall be maintained by the owner or occupant at their own risk and expense. The City shall not be responsible for the maintenance of or liable for injury to or from such improvements and the property owner or occupant agrees to hold the City harmless from , any claims arising out of any injury or damage to or from such ) improvements. Section 8. Violation A violation of the Ordinance shall constitute a misdemeanor. I ~ ) / ~age j Section 9. Enforcement The City Administrator or his duly authorized designee shall be responsible for the enforcement of the provisions of this ordinance. Upon determining that a violation of the provisions of this ordinance exists, the City Administrator or his duly authorized designee shall, in writing, order the discontinuance of the nuisance and shall order the action necessary to abate such nuisance. Such order shall be served upon the owner and/or occupant of the premises involved, in person or by certified mail. The City Administrator or his duly authorized designee shall give the affected parties a reasonable period of time to abate the nuisance, which time may vary depending upon the nature of the encroachment. The City Administrator or his duly authorized design~e may extend the time for compliance upon good cause being shown by the affected party. In no instance shall the time for compliance be less than seven (7) days nor more than six (6) months. Section 10. Abatement of Nuisances If no appeal is taken, if an appeal is denied or the order amended, and if the time for compliance or any extension thereof has expired and the nuisance is not abated, the encroachment shall be removed by an employee or agent of the City. The costs of such removal shall be recorded and forwarded to the City Clerk. The cost of removal together with a reasonable administrative charge shall be certified to the property taxes for said property. Section 11. Appeal Any party aggrieved by an order of the City Administrator or his duly authorized designee may appeal such decision to the Andover Review Committee. The appeal must be taken within seven (7) days after the receipt of a written order from the City Administrator or his duly authorized designee, by the filing of a notice of appeal on forms provided by the City Administrator or his duly authorized designee. Such notice of appeal shall contain the names and signatures of all parties aggrieved and the grounds upon which the appeal is being taken. The matter shall be reviewed by the Andover Review Committee within seven (7) days. The applicant shall be notified of the findings in writing. Section 12. Paramount Public Use The City or any of its agents and/or any utility company authorized by law or the City to utilize the boulevard area shall have a paramount right to use of the boulevard area, subject to control by the city. Any improvements placed in the boulevard by the owner or occupant shall be removed at the owner's or occupant's expense if the boulevard area is needed for a paramount use. This shall include, but not be limited to, the installation of new or repair or replacement of existing utilities. j . " . J .. -~"- " Adopted by the City Council of the City of Andover this 7th day of May , 19....2!..... CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor Victor1a Volk - C1ty Clerk 95A, 10-05-93 95B, 7-26-94 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 16, 1994 Discussion Item Richard Fursman, Administration APPROVED FOR AGENDA AGENDA f'..O. SECTION ORIGINATING DEPARTMENT ITEM f'..O. Hire city Engineer ., I~ -t IWJ 1--/ r. The Personnel Committee met in part on August 2, 1994 to discuss moving the hiring date of a City Engineer from January to sometime in October. The following assessments were made: 1. Need: Council has determined a need for practical reasons ~a City Engineer. Staff has evaluated the duties, responsibilities and work load and has recommended to the / Personnel Committee that an engineer be hired for the last quarter of 1994, so work can begin on projects for 1995. Much of the planning for 1995 will begin in the final quarter of 1994. Much of the layout work on projects will be studied for implementation in the spring. Bringing an engineer on in the beginning of January will leave the individual unfamiliar with the basis of the majority of the projects to be done in 1995. Therefore, it was Staff's recommendation with the concurrence of the Personnel Committee that the engineer should be brought on in the fall when the planning process is beginning. 2. Funding: Funding for the position by and large will be taken from excess building fees generated from the number of homes in excess of the 330 planned for this construction season and from the additional plan inspection fees which are now being collected. This revenue, being estimated at approximately $100,000, will be used for various projects. Approximately $15,000 or $5,000 for each month of the engineer's time would be earmarked to come out of the excess. It is anticipated that the position will ultimately only have 25% of the cost funded by the general fun. The remaining 75% of the position is anticipated to be paid for by projects. 3. compensation: The compensation figure is estimated to be $52,200 for 1995 based on the desire to get an experienced engineer and contrasting the experience with the Stanton averages. MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 16, 1994 AGENDA t-O. SECTION ORIGINATING DEPARTMENT Discussion Items Finance APPROVED FOR AGENDA ITEM t-O. 1995 Budget Discussion Daryl E. Su1ander ~ ~ Finance Directo~~ 7J;h /(). REQUEST The City Council is requested to discuss the 1995 proposed General Fund Budget options, and provide direction for the proposal to be adopted September 6th. BACKGROUND The City Council has reviewed and recommended changes to the staff's budget requests and the initial 1995 budget proposal. Included for your consideration is the General Fund departmental budget summary which compares the budget options for 1995 with the 1994 budget. The Council request for two additional options to review are shown under the headings "1995 option 1" and "1995 option 2". Each option uses the following assumptions: The amount for homestead and agricultural aid and for fiscal disparities reduction aid are not known yet. The aid for all budget options is assumed to be equal to 1994. The net tax capacity is estimated to increase approximately five percent from 1994 to 1995 due mainly to new construction adding to the tax base. The budget options vary using the following assumptions: The original 1995 proposed budget included a net tax increase of nine percent and LGA estimated equal to 1994 at $100,472. The total proposed budget was $3,288,868. MOTION BY: SECOND BY: page 2 1995 Budget Discussion 1995 option 1 assumes a nine percent net tax increase, removes the reductions made to the personal services accounts for staff salary increases, reduces various membership, training, supplies, contractual service, and contingency expenditure accounts. The total budget increases by $4,703 to $3,293,571. This is the amount of increase in LGA from 1994 to 1995. The $4,703 was added to the cracksealing program in the street Department. 1995 Option 2 assumes a ten percent net tax increase, removes the same reductions for the personal services accounts as in Option 1, but does not cut any of the other expenditure accounts as does Option 1. The LGA increase was added to the cracksealing program. The total budget as proposed by Option 2 is $3,319,086. The attached examples estimate the impact of the nine percent and ten percent tax increases using three different homestead values. Also attached for your information is an article published in the August 10, 1994 edition of the st Paul Pioneer Press regarding 1994 taxes. According to this article, the study conducted by the Citizens League and the Minnesota Taxpayers Association, ranks Andover's level of taxation as 91st of the 95 largest communities in the seven county Twin Cities area. Only four communities collect fewer taxes for equal valued homes. I , CITY OF ANDOVER GENERAL FUND EXPENDITURE SUMMARY 1994 1995 1995 1995 1995 BUDGET REQUESTED PROPOSED OPTION 1 OPTION 2 --------- --------- --------- --------- --------- GENERAL GOVERNMENT Mayor and Council 47,320 52,525 52,525 52,525 52,525 Newsletter 5,555 11,010 9,010 9,010 9,010 City Clerk 93,350 90,655 92,605 92,955 Elections 11,210 1,305 1,305 1,305 1,305 Administration 144,225 67,915 66,065 66,950 67,150 Financial Admin 124,575 158,745 142,970 146,455 147,005 Auditing 11,000 12,000 12,000 12,000 12,000 Assessing 53,860 58,400 58,400 58,400 58,400 Attorney 51,660 65,800 65,800 65,800 65,800 Planning and zoning 82,720 96,195 93,050 96,005 96,155 Data Processing 24,400 27,300 27,300 25,300 27,300 Ci ty Hall 46,040 47,535 47,535 47,535 47,535 Fire Stations 32,520 43,830 39,230 39,230 39,230 Public Works Bldg 21,835 44,950 44,950 43,450 44,950 Senior Center 9,270 10,300 9,700 9,700 9,700 Equipment Bldg 3,240 3,945 3,945 3,945 3,945 City Hall Garage 560 1,510 710 710 710 Engineering 82,880 104,510 98,270 100,270 100,670 -------- --------- -------- --------- -------- ~OTAL GENERAL GOVERNMEN 752,870 901,125 863,420 871,195 876,345 j Increase/(Decrease) 5% 20% 15% 16% 16% PUBLIC SAFETY Police Protection 433,934 433,558 433,558 433,558 433,558 Fire and Rescue 309,188 414,955 372,555 371,905 372,555 protective Inspection 177,570 214,090 213,290 216,120 216,120 Civil Defense 3,425 8,220 7,120 7,120 7,120 Animal Control 9,950 10,025 10,025 10,025 10,025 -------- ---------- -------- ---------- -------- TOTAL PUBLIC SAFETY 934,067 1,080,848 1,036,548 1,038,728 1,039,378 Increase/(Decrease) 0% 16% 11% 11% 11% PUBLIC WORKS Streets and Highways Snow and Ice Removal Storm Sewers Street Lighting Street Signs Traffic Signals Street Lights Billed Tree preservation Weed Control TOTAL PUBLIC WORKS Increase/(Decrease) PARKS AND RECREATION Increase/(Decrease) RECYCLING ~CONOMIC DEVELOPMENT UNALLOCATED OTHER FINANCING USES TOTAL EXPENDITURES Increase/(Decrease) CITY OF ANDOVER GENERAL FUND EXPENDITURE SUMMARY 1994 1995 1995 BUDGET REQUESTED PROPOSED 1995 1995 OPTION 1 OPTION 2 --------- --------- --------- --------- --------- 318,690 180,815 25,670 19,650 43,160 13,680 73,775 24,380 8,630 984,705 316,155 29,820 19,650 79,785 16,270 80,200 31,390 10,225 396,205 209,680 20,915 19,650 74,205 16,270 80,200 31,445 8,480 406,418 211,045 20,335 19,650 71,055 16,270 80,200 31,340 8,480 406,418 211,045 21,335 19,650 74,205 16,270 80,200 31,740 8,480 --------- --------- --------- --------- --------- 708,450 1,568,200 26% 121% 283,772 22% 40,115 -21% 22,160 53,900 33,000 491,305 73% 48,865 22% o 78,000 73,276 857,050 21% 339,475 20% 48,865 22% o 78,234 65,276 864,793 22% 341,645 20% 48,865 22% 63,069 65,276 869,343 23% 341,645 20% 48,865 22% o o 78,234 65,276 ========= --------- --------- --------- --------- --------- --------- --------- 2,828,334 4,241,619 3,288,868 3,293,571 3,319,086 --------- --------- 6% 50% --------- --------- 16% --------- --------- 16% 17% , I 1994 TAX LEVY DISTRIBUTION EQUIPMENT FIRE GEN FUND CERTIFICATE BONDS LRRWMO TOTAL LEVY 1,170,880 53,132 219,058 9,386 1,452,456 FISCAL DISPARITIES 282,005 13,250 55,243 2,841 353,339 H A C A 352,173 23,434 96,833 3,470 475,910 L G A 87,390 2,519 10,410 0 100,319 ---------- ---------- ---------- ---------- ---------- 1,892,448 92,335 381,544 15,697 2,382,024 5% GROWTH + 9% INCREASE PROPOSED U ----------- 1995 TAX LEVY DISTRIBUTION 14% INCREASE EQUIPMENT FIRE GEN FUND CERTIFICATE BONDS LRRWMO TOTAL L~";Y 1,508,346 62,418 204,620 10,395 1,785,779 FISCAL DISPARITIES 282,005 13,250 55,243 3,000 353,498 H A C A 352,173 23,434 96,833 3,470 475,910 L G A 92,246 2,519 10,410 0 105,175 ---------- ---------- ---------- ---------- ---------- TOTAL 2,234,770 101,621 367,106 16,865 2,720,362 PROPOSED #2 1995 TAX LEVY DISTRIBUTION 5% GROWTH + 10% INCREASE EQUIPMENT FIRE GEN FUND CERTIFICATE BONDS LRRWMO TOTAL LEVY 1,533,861 62,418 204,620 10,395 1,811,294 FISCAL DISPARITIES 282,005 13,250 55,243 3,000 353,498 H A C A 352,173 23,434 96,833 3,470 475,910 L G A 92,246 2,519 10,410 0 105,175 ---------- ---------- ---------- ---------- ---------- ~AL 2,260,285 101,621 367,106 16,865 2,745,877 \ :#/ !Ex 411."L- E- 1; ID~ODD ~-tE-STf~ -rtrx ;;'/r.. /91 --q;y -fo/l.. m~ C-HiW~~ cMtl6- A (v,' I~'+ t :u "r~ '" tjff!. ;2fp \.. 1'1 c. Iii or:- H-JV l) i) .[7:.12- ,;2'37'; I ~~g. gg J-/,37 7.0% 55\) -# Ii 73/.72 .> fze.,,1-L 1;;1 s -rtZ.IC- i5 /17] 1077f-L- I t/O I. (_ L- N"Z2.~1 ;2./.3 7 /.~% PR.~f;;SW f/lPF'oSLl> 1 /1Mou""'~ ",: ~7' ~ e: ~X4-M fLEe- -if:: ~:;2. ffcMfoSlTr4-D . / Jt/V o/c.,.f 7Y,(D] CDv.N'"/1 I C-I r( of t/z. >, D/,o it/. I] 3fo7 9,6% ,/IrvDc> v'~ ;r: :;i) .:It! ! /'2 ' '7 /0..>.> 5ft.v 1/-'(. 241r,., PI s 'ri2-1 c..TS -ro m-t:..-- d-- "Iq ~ '7 Z- ,;} S-33.1~ 3t.o7 /.~%I EV-b}/c..E -#="5 i ;;:uJqvo i) f..h1l1i.~.:A-p . J ,4-J\/oJ4r 107/.8D c: ...--J ,,-'Vhl I birr dF L~~ ~/ irhl16 SV;77 1. 0 DIo /ffr,joVt/L :;:;~ i:: I / 1~7(O2 5 ftc.., tfL- ]{:t9 . DIS.rtZ-1C/S ro-n4L-- 3 S;qo. L;Z. J(/-f~ 31 Stf.71 I,r-clo X I .'f'Jh( Felt I'f/. ~fIt1-N~ ClfflN6 A (,1<' Y-lr <"'~'l.-J^F';"/ 415. ;Ltc C/fi or:: J. ;:7 5' H-iV \) j) vf.fL J37, 5"/ ,:).0/. ;l~ /0.0 .::rs'U 4S/i 731.72- >~C.I,J-L.. 1dls-r;ZIc..i;, /3. '73 1C-nl-L- /,-/0/.22 / I/,J. '-I. 17 ).j.7~ 1.7% E y.. /41'1 hE .tf I Pi!.t>fos(f). -1l1= fiJ tZ <19 tf .# foe; OOb !fpI1fLS7l::.Il--'t> I f/l..dJoSE-b /#11ol)lfofr ~F '5' PlJlt!fp/T 13- ;CY-/tMPLS ::tFd-. .j, /~~ ODD !I-oMESnA-b I It-.N 0/zA- (2ail.N-J1 70{",03 'I C'.-If"{' of 4Z-3.olr Lf &,{: 3 7 02,3 I ;l-tvDo vE:t2... /0.0 ]: <;;u .:II: II /'503") 7 5fzo II-L J- t/; lly PI s '712-1 C.TS i -rDm-c.-- ,).1/9(92- 7~?!1. 2] Y2."3/ 1,7% , E-Xfl-I'1 PLE- 4 3 Jt:;,oo. ODD ~.MgS7F./7.j) v " !1-j\/C'~ {! '--J ID 7/, fa ..;)f.)/lJ J I ?/rY dr ~Df l.j t1[.9. {7 vO,f7 /0.07 ;lrvi)(J v E./L :;;~ 7P1/ If7 {, 0 l... 5 ftc-I tfC.- 3\19 O/~HlIC.jS roT>4L- 35"10. (., 2- 3i; S-/. ~9 &0.81 1,7tlv - " 1 City's total increase = among area's highest - , ..al ~e appear ltlSSes oc ~ increa arbs. !."But don;t c Ifosals,whi Ca1 tax b' ""Also lOok ' tr. in' - - - ~t. Paul jumps - eack to second - , - .. pI property tax SCOTT TAKUS It was cold, It was raining, and Katy Thomas admitted she would rather be "anyw Tuesday as she hauled a small sailboat Into Lake Calhoun. The St. Louis Park O.year.c part In a summer sailing camp at the Calhoun Beach Club. Tuesday's high s 0 degrE Cities. setting a record for the date. Today's weather will be warmer s genera ~ II)N AHERN STAFF WRITER After slipping TO ORDER out of the top prop- erty tax. ranks in The 1994 tax the Twin Cities ar. review is ea the past few available for $10 years, St. Paul each from either jllmped back up to the Citizens second place in League or the 1994, ranking be. Minnesota hind tiny Waconia. Taxpayers in Carver County. Association by " Little Canada, calling meanwhile, lost its 338-0791 or dubious distinction 224-7477. Refer as the highest tax questions to the city in the metro laUer number. area, dropping, to No.5 this year. Those are among the' findings of the 28th annual homestead property tax sur- vey conducted jointly this year by the Citizens League and the Minnesota Tax- !layers Association. T~e study looked at TAXES CONTINUED ON SA ~ ct 622: C or schools c] . e, some school say. ~ ight for the students y of the people who I ,.. said Superintendent Bill is has been a community ef- and the kids are the real winners re." With all eight precincts reporting, 6,186 residents, or 60 percent of the vot- voted for the $62.8 million bond ref- , while about 4,135, or 40 per. d 'against it. There are about voters in the district. id they are . pleased ially considering vacation sea- u don't al- JAI\/ c , 43,0 School with the that this is son and that b / 'L1~':''''~'!~''N'. .E\NSiGENr...i""""~=" ..., ",'.'" ",..="'''''''','''''''.' ','.. .. ,"' , ... . ., 'C" .' +.-';':: ;~'" .;c.; '. y."..........o'"'"".5011:i:TOLL:rn= ,'., ,1;;soo..95u-90ll(L:.' '. \~n ." ~...., "~"'."'."""".'''''~J.'' "" . '."';'", """',-, , ,'.J '.".;i,'\,.",:,,:, . . cLAsSlFlm .' ",-.- .-"-'-, ,_ -...--. :0., ,,"'>. ".' ,............' .~.~1 Pfrv~ PtoN[UC ft2t.s~ ~Joh1 llUJ.J.J.VU I... .....V, ....""'.........-.....b ..v.....'" .....yv..... That included 9.3 million women and 1.6 , million men, up from 3.4 million and 393,000 respectively. . The 86 percent of single-parent fami- Hog headed by mothers hasn't changed ':h since 1970, when their share was ~./percent. "Most people become single parents through births out of wedlock Dr divorce. s I T CONTINUED FROM 1 A the 95 largest communities in the seven- county Twin Cities area and at the 27 largest Dutstate cities. Overall, the organizations concluded - despite early projections last fall from some local governments that tax rates would jump 30 percent or more - the median tax hike on average-value Twin ,Cities-area homes was 8.9 percent this year, or $131.50. Taxpayer outrage, especially in St. Paul, triggered a wave of fiscal belt- tightening by cities, counties and school districts that offset some of the projected increases. But even those economy mea- sures weren't always as successful as their authors wished. In St. Paul, for instance, despite a '~ht decline in the city's tax rate, the ,crall tax rate for city residents in- . creased by 8.6 percent. Most of that in- crease was due to a nearly 14 percent increase in the school tax rate, and a slight increase in the county tax rate. But it was enough to make St. Paul's total tax increase among the largest in the 'metro area. Only nine other metro cities had percentage increases as high Dr high- er. Part of St. Paul's increase was due to an overall decline in the city's tax base, due almost entirely to a drop in the city's commercial-industrial tax base, accord- ing to the report. The total tax levy also increased. The rankings were oased on the tax on homes selling for $90,000. Minneapolis' rate increase was rela- tively small, 2.7 percent, but high enough to put it in fourth place. Both St. Paul and Minneapolis jumped back up near the top on the list despite ranking 16th and seventh, respectively, last year. ,The groundwork for WacDnia's first- place ranking was laid in 1992 and 1993 when the school tax rate increased by 57 . percent due largely to construction of a new high school set to open this fall. ~The comparison can be somewhat mis- , ,ding because some communities have l~W, if any, $90,000 homes. . North Oaks, for example, once again led the metro area with the highest taxes ($5,397) on what is considered an aver- age value home within individual com- munities. More affluent communities s 5 --One:.pare~t-iamilies are most common among blacks, although white one-parent families outnumber blacks 7.2 million to ',3.4 million. Single-parent families constitute 24.5 percent of all white families with chil- dren, while 63 percent of black families with children reside with only one parent. The ~~ponding proportions in 1970- }lIC llVIU6 cuvuc I~Y'l;;J.'I;;U U.U. LA;""~~U ~~.U" and 1993. . The average number of people per household was 2.63, which has been steady since 1989. . The median age of householders - half were older and half younger - was 45.9, up from 45.3 in 1990 but below the median of 48.1 in 1970. Congr callin band] She . have term the w PrE HOUSE thoug has rl said t Georl univE healtl away SpE lary ( admil wDulc on II subsit cent that, 50 pE their Tht requi their ately "W thing whicl evalu said. Un was stron Whitt date Comparing property taxes Y Highest property taxes on a $90,000 home The 20 Twin Cities communities with the highest property taxes on homes selling for $90,000. Pensacola-ba~ed gr.oup, ....~fensive . Ac- Percent change T H T CC Citae~~.,=~clgue'aOOMi~ne$o~ f,~~'&e~~~!!r:~' ,~;' PIONEER PRESS Lead to be a m whicl perCE Rh day' . "If have pay I der t R-Te the I are I "T latio] W.V. overl socia lican affra therE Fil cusel cand polit Clinl GraI ing i Th tend to be high on that list because of higher average home prices. Property tax bills for owners of aver. age value homes went up more than 10 percent in more than a third of metropol- itan communities, and slightly less than half of the 27 largest outstate cities. Taxes went down in seven metro cities: Andover, AnDka, Brooklyn Center, Coon Rapids, Maplewood, South St. Paul and Wayzata. The five highest tax nDnmetro cities in the $90,000 home comparison are: Du- luth, ,$1,320; Cloquet, $1,299; St. Peter, $1,287; Hutchinson, $1,248; and Hibbing, $1,243. A D"~~.~'" ~i_~~._ _!>?!1=!i~~~_;;.1!~p'!~ ....!g~~_.:'fte!.n~'!~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auoust 16. 1994 AGENDA f\O SECTION ORIGINATING DEPARTMENT T'\: __..__:__ Planning APPROVED FOR AGENDA ~ BYO) Carlberg u Director ITEM f\O Approve - Compo plan Amendment - Sewer School District No. 11 David L. Planning II. REQUEST The City Council is requested to approve the attached major amendment to the Andover Comprehensive Plan to include 109+/- acres into the Metropolitan Urban Service Area (MUSA). The area requested includes property owned by School District No. 11 and the City of Andover. The MUSA expansion request will allow the construction of the middle school and the addition to the Andover Elementary School as being proposed by School District No. 11. Staff will submit the amendment to the Metropolitan Council upon City Council approval. The Planning and zoning Commission reviewed the amendment on August 9, 1994 and voted 6 yes, 0 no (1 absent). MOTION BY: SECOND BY: INFORMATION SUBMISSION FOR / MAJOR COMPREHENSIVE PLAN AMENDMENTS I. GENERAL INFORMATION A. Sponsoring governmental unit: City of Andover Name of local contact person: David L. Carlberg, Planning Director. Address: 1685 NW Crosstown Boulevard, Andover, MN 55304 Telephone: (612) 755-5100 Name of Preparer: David L. Carlberg, Planning Director Date of Preparation: August 2, 1994 B. Name of amendment: Andover Major Comprehensive Plan Amendment - Sewer. Description/Summary: The City of Andover is proposing to add approximately 109 acres to its Urban Service Area. The area to be included is generally located north and south of the Andover City Hall located within the City limits of Andover (formerly Grow Township) in Anoka County, Minnesota. (See Attachment A). The property is owned by Anoka Hennepin School District No. 11 and the City of Andover. The 109 +/- acres being requested is in conjunction with the construction of a new middle schhol and an addition to the Andover Elementary School. C. Please attach the following: ! 1. five copies of the proposed amendment 2. a city-wide map showing the location of the proposed change. 3. the current plan map(s), indicating the area(s) affected by amendment. (Attachment A) 4. the proposed plan map(s), indicating the area(s) affected by amendment. (Attachment B) D. What is the official local status of the proposed amendment? (Check one or more as appropriate.) X Acted upon by the Planning Commission (if applicable) on August 9, 1994 . X Approved by governing body, contingent upon Metropolitan Council review, on August 16, 1994. Considered but not approved by governing body on Other: , / Page Two Major Amendment Compo Plan SEWER City of Andover E. Indicate what adjacent local governmental units affected by the change have been sent copies of the plan amendment and the date(s) copies were sent to them. NONE II IMPACT ON REGIONAL SYSTEMS A. Wastewater Treatment 1. Change in city's 2000/2010 flow projections. NO/Not Applicable. Yes, indicate the expected change. x Total Year 2000/2010 flow for community based on existing plan million gallons/day. NOTE: Flows will be provided by TKDA. Total 2000/2010 flow for community based on plan amendment 377/572 millions gallons/day. 2. Community discharges to more than one metropolitan interceptor. x No/Not Applicable. Yes. At the present time the City only discharges to the Coon Rapids Interceptor. However, a recent MUSA amendment granted by Met Council on October 10, 1991 planned for a future connection to the CAB Interceptor when it becomes available to the City. 3. Will flows be diverted from one interceptor service area to another? x NO/Not applicable Page Three Major Amendment Compo Plan SEWER City of Andover B. Transportation 1. Relationship to Council policies regarding metropolitan highways. x No/Not Applicable Yes. 2. Change in type and intensity of land uses at the interchanges and other locations within a quarter- mile of the metropolitan highway system. x NO/Not Applicable. Yes. 3. Impact on existing trip generation. x No/Not applicable. Yes. Describe effect. 4. Capacity of road network to accommodate planned land use(s). x NO/Not Applicable. Yes. 5. Impact on transit and parking strategies. x No/Not Applicable. Yes. 6. Does the proposed amendment contain any changes to the functional classification of roadways? x No/Not Applicable. Yes. C. Aviation 1. Impact on regional airspace x NO/Not Applicable. Yes. 2. Impact on airport search area. x No/Not Applicable. Yes. Page Four Major Amendment Compo Plan SEWER City of Andover 3. Consistency with guidelines for land use compatability with aircraft noise. x . NO/Not Applicable. Yes. 4. Consistency with the long-term comprehensive plan for an airport in the vicinity of the community or proposed development. x NO/Not Applicable. Yes. D. Recreation Open Space 1. Impact on existing or future federal, state or regional recreational facilities. x No/Not Applicable. Yes. , j II IMPACT ON METROPOLITAN DEVELOPMENT AND INVESTMENT FRAMEWORK A. Land Use 1. Describe the following, as appropriate: a. Size of affected area in acres 107 +/- acres b. Existing land use(s) Public/Institutional c. Proposed land use(s) Same d. Number of residential dwelling units involved N~ 5. Proposed density N/A 6. Proposed square footage of commercial, industrial or public buildings Unknown B. Change in the city's population, household or employment forecasts for 2000, or any additional local staging contained in the original plan. x No/Not Applicable. Yes. Page Five Major Compo Plan Amendment SEWER City of Andover C. Change in the urban service area boundary of the community. NOjNot Applicable. x Yes. See enclosed maps (Attachment C). D. Change in the timing and staging of development within the urban service area. x NO/Not Applicable. Yes. The areas to be added by the major amendment are contiguous to the existing Metropolitan Urban Service Area (MUSA). The Coon Rapids interceptor has sufficient capacity to serve the property requested in this amendment. IV IMPACT ON HOUSING A. Impact on the supply and affordability of housing types necessary to serve persons at different stages in the life cycle. x No/Not Applicable. Yes. B. Impact on the supply and affordability of housing types necessary to serve persons at varying income levels. N~ C. Impact on the community's numerical objectives for low- and moderate-income, modest cost market rate, and middle- and upper-income housing units. N~ Page Six Major Compo Plan Amendment SEWER City of Andover V. WATER RESOURCES A. Does the plan amendment affect a Minnesota Department of Natural Resources or U.S. Army Corps of Engineers protected wetland? If yes, describe type of wetland affected and show location on a map. Yes. x No/Not Applicable (See Attachment C) B. Will the wetland be protected? Yes. Describe how. x No. Explain why not. N/A C. Will the plan amendment result in runoff which affects the quality of any surface water body? If yes, identify which ones. Yes. How. x No. D. Will the water body be protected? Yes. Describe how. x No. Explain why not. N/A VI. IMPLEMENTATION PROGRAM A. Change in zoning, subdivision, on-site sewer ordinances or other official controls? ---x- No/Not Applicable. Yes. With the inclusion of the property into the MUSA, the property may in the future be rezoned from R-l, Single Family Rural to R-4, Single Family Urban. V. 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"0" ,,~ y> fEMe: c;!:. ... -, i B '11,,.-4 ,~- - ----, -..-.,.;::;..' P$SIC ~'"", ;:'lSlC fS!Jt \ fE"" "DIC I fJSI'oI:-{) , fVSI\.~"M" t~ . !lItAA I 'JT~" . r,:/III' /tlI~,{ "Me. - n M;' "II( '. ,~ ......) '0'0 PWCd-if -< V'>-5 ~I , " /.' ,-:~PEMC', PSS68-~'O. \ ;~: I ,::J O--,,'"'C OEM;-<7 I'..... 3........PEMF . fri:' '. \ ".\-:. .' LIUBH , FE"" /6 ~ T\ \oc "'''''~T __ouL ,____, --~"v......:p~Mc I Q .. }. to . \ ' ':', '.. ~ Cl, " ~EMC :Bel: . ni,\\ ' "'"{I:" ' P5S&8 '10'""---0 " , " " ' '. '/.6' f"'::"ioEMii'~, ..", ~.. \J ...; ~ I . ',.' , 'j', .PlMC 'G/ I .. I '" - .. .'T'" 001 i PFOIA, 'v . A:'r P!MC rr- PSS68 _ \) ,~ ," ! I . / " I! \" ~. \. I, ' .TO 'r4 .~ "" . .'. PlMCd: . . 'r. . I.,. ',f .'1 ... . ,.., C', ".o.or u 1 .'. i MF-x-t) ~ "7~ -- FiOlA, ,..,. . j. ..... , . \ ..... , .. ,ji:,. ';'; I: .: :. .,. i: . L1U8Hh ' J ~i:J",:, (rl) \;~;~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . 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, August 9, 1994 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review a Major Amendment to the Comprehensive plan to add approximately 107 acres to the Metropolitan Urban Service Area (MUSA). Said amendment includes property owned by the City of Andover and school District 11 which includes the Andover City Hall property and property to the north and south of City Hall. The request for the amendment is being made to construct an addition to the Andover Elementary School and the construction of a middle school. All written and verbal comments will be received at that time and location. 4~~g, Victor1a Vo ,City Clerk Publication dates: July 29, 1994 August 5, 1994 . / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 16. 1994 AGENDA t-O SECTION ORIGINATING DEPARTMENT EDA Meeting Todd J. Haas, Engineerin~ APPROVED FOR AGENDA ITEM t-O. Approve Plans & Specs/94-13/ Andover Commercial Park BY~~ /-7. The Andover Economic Development Authority is requested to approve the resolution approving final plans and specifications and ordering advertisement for bids for Project 94-13, Andover Commercial Park, for pond construction and regrading of lots. The plans and specs are available in the Engineering Office for review. This project will be bid along with Project 93-7, City Hall Park Complex i2, as one project. MOTION BY: SECOND BY: ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Andover Economic Development Authority member to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 94-13, ANDOVER COMMERCIAL PARK AREA FOR POND CONSTRUCTION AND REGRADING OF LOTS WHEREAS, pursuant to Resolution No. 004-94, adopted by the Andover Economic Development Authority on the 17th day of May , 19 94 , TKDA has prepared final plans and specifications for project 94-13 for pond construction and regrading of lots and WHEREAS, such final plans and specifications were presented to the Andover Economic Development Authority for their review on the 16th day of August , 19 94 NOW, THEREFORE, BE IT RESOLVED by the Andover Economic / Development Authority of Andover to hereby approve the Final plans and specifications . BE IT FURTHER RESOLVED by the Andover Economic Development Authority of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM , Thursday september 15 , 19 94 at the Andover City Hall. MOTION seconded by EDA member and adopted by the EDA at a regular meeting this 16th day of August , 19-2i, with EDA members voting in favor of the resolution and EDA members voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor . / Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 16, 1994 AGENDA t>O SECTION ORIGINATING DEPARTMENT EDA Meeting Todd J. Haas, Engineeri~ APPROVED FOR AGENDA ITEM t>O Approve Plans & Specs/93-7/ City Hall Park Complex #2 BVW /.3 . The Andover Economic Development Authority is requested to approve the resolution approving final plans and specifications and ordering advertisement for bids for project 93-7, City Hall park Complex #2, for grading, drainage and erosion control. The plans and specs are available in the Engineering Office for review. This project will be bid along with Project 94-13, Andover Commercial Park, as one project. MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Andover Economic Development Authority member to adopt the following: A RESOLUTION APPROVING FINAL PLANS ADVERTISEMENT FOR BIDS FOR PROJECT CITY HALL PARK COMPLEX #2 FOR GRADING, DRAINAGE AND EROSION AND SPECIFICATIONS AND ORDERING NO. 93-7, AREA CONTROL WHEREAS, pursuant to Resolution No. 028-94, adopted by the City Council on the 2nd day of March , 19 94, Hakanson- Anderson Assoc., Inc. has prepared final-pIans and specifications for Project 93-7 for grading, drainage and erosion control ; and WHEREAS, such final plans and specifications were presented to the Andover Economic Development Authority for their review on the 16th day of August , 19 94 NOW, THEREFORE, BE IT RESOLVED by the Andover Economic Development Authority of Andover to hereby approve the Final plans and Specifications. BE IT FURTHER RESOLVED by the Andover Economic Development Authority of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM , Thursday September 15 , 19 94 at the Andover City Hall. MOTION seconded by EDA member and adopted by the EDA at a regular meeting this 16th and EDA members , 19-2i, with EDA members voting in favor of the resolution voting against day of August same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 16, 1994 AGENDA f\Q SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM f\Q Piper Mutual Fund update Daryl E. suland~ BVh~t Finance Director6)~ ~ If. Dick Fursman and I attended an informational briefing at the Piper Jaffray offices wednesday, August 3rd regarding the city's investment in the Piper Jaffray Institutional Government Income Mutual Fund. The attached handout summarizes the information presented at the meeting. The key elements presented by the Piper representatives include: 1) Commitment to maintaining the 7.5 cent per share dividend paid each month since the Fund's inception on 7/11/88. 2) Net Asset Value (NAV) recovery, while full recovery is not likely in the forseeable future, the potential for recovery through asset appreciation over time exists through the Fund's holdings of u.S. Government backed securities. As of July 31st, 93% of the Fund's portfolio consisted of u.S. Government backed securities valued at 72% of par. At maturity, all of these securities would mature at 100% of par value. 3) NAV volatility is a fact of life with fixed income securities. The interest rate market, and Federal Reserve policy will continue to affect the current market value of the securities in the Fund, just as it will affect all fixed rate securities. However, unlike individual ownership of a specific security, such as a $1,000,000 GNMA at 7% due on 2/15/99, a mutual fund does not have a maturity date, therefore, the City cannot expect to receive the return of the original investment at the investment price paid on any given date in the future. MOTION BY: SECOND BY: Page 2 Piper Agenda Item The current status of the City's investment in this Fund is as follows: Cost of investments Shares purchased Average cost Purchases: $1,801,053 Dividends Re-invested: 416,740 Total: $2,217,793 159,905.0 37,824.5 197,729.5 $11.2633/share $11.0177/share $11.2163/share Market Value at close of business 8/09/94: 197,729.5 shares at $8.37/share = $1,654,996 / j Portfolio Composition o a Percentage of Total Assets U.S. Treasury Nares 18% U,S, GOY" Agency Fixed Ra'e CMOs 3% =:ll Short-Term 1 % I ~~.~e;;::~::;:~ -A1. Principal-Only 16% .... {J,S, GOY', Agency Inrerest-onIY/-_. Inverse Interest-Only 6 % U.S. GOY'[ Agency Z-Bonds 1 S%- U.S. Gov't Agency Inverse Roarers 190/0 ~ u.s. GOY" Agency Fixed Ra'e Mortgage-Backed Securities 19% Por:tfolio Composition As a Pe~centage of Net Assets U.S. Treasury Notes 230/0 Short-Term 1% u,S, (;oy', Agency U,S, GOY" Agency Fixed Ra'e Mortgage-Backed Securities 24% Fund Performance FUlld performallw calculatiolls are through July 31, 1994, alld reflect the reillvestm<'nt of all divid<'nd and capital gailZS distributions. One-Year Total Return Does not reflect the fUlld's 1.5% sales charge. (In some installws, such as 401 (k) plans, shares can be purchased at net asset value.) Institutional Government Income Portfolio.... -22.46% Merrill Lynch 3-5 Year Treasury Index..........O.51 % Average Annual Total Returns f ''lect the fmld's 1.5% sales charge V One-Year ................................................... -23.62 % Five-Year ...................................................... 5.64% Since Inception (7/11/88) .............................. 6.51 % INSTITUTIONAL GOVERNMENT INCOME PORTFOLIO July 31, 1994 Institutional Government Income Portfolio's investment obiective is a high level of current income consistent with preservation of capital. Portfolio Manager Commentary The Institutional Government Income Portfolio has experienced a disappointing period of performance which has challenged the resolve of many shareholders. We closed the fund to new investors on June 14, 1994, based upon our conviction that any improvement in fund performance should benefit long-term fund investors. Our current portfolio strategy is to simultaneously pursue three objectives: 1. Rebalance the portfolio. Our goal is to emphasize short-term Treasury securities and de-emphasize the purchase of securities on a when-issued basis. The impact of this rebalancing is twofold: First, these steps should help ,diminish fluctuations in the fund's net asset value, although it is important to understand that some fluctuation is likely to continue. Second, it will reduce the earnings of the fund. As of July 31, the fund held $146 million (principal amount) of 1-, 2- and 4-year Treasuries. We expect to attain a year-end objective of $150 million in short-term Treasuries in the next 90 days by reinvesting the fund's monthly cash flow of principal and interest payments. This cash flow currently represents about 2 to 3% of the portfolio's assets. In addition, the fund maintains a cash position in overnight investments, currently valued at $8 million, which is used to pay redemptions, dividends and normal fund expenses. 2. Maintain the current dividend. In the six years since the fund's inception, a 7.5 cents per share dividend has been paid monthly. We are making every effort to maintain that dividend and currently anticipate no changes to it. 3. Recover the net asset value. While it's unlikely that the fund will make a full recovery in the foreseeable future, it does have important recovery potential. As of the end of July, 93% of the portfolio is invested in securities which have a par value that is guaranteed as to payment of principal and interest by an agency of the U.S. government. And, the average price ofthose securities on July 31 was $72 per $100 of par. This reflects a 23 % discount from their cost. If long-term interest rates decline from their current levels, the value of these securities should move closer to par. Continued on back Fund Statistics Net Assets Net Asset Value Inception Date Fiscal Year End Ticker Symbol Minimum Initiall Subsequent Investments 12-Month Distribution $614 million $8.39 July 1988 September 30 PJIGX $25,000/$2,500 $1.18 Fund Adviser Piper Capital Management . Headquartered in Minneapolis, with offices in Seattle and Denver . Manages approximately $12 billion in assets and provides investment services for more than 40 mutual funds . Wholly-owned subsidiary of Piper Jaffray Companies Inc., which was established in 1895 . Piper Jaffray Companies has donated 5% of pretax profits to civic and charitable causes each year since 1969 Portfolio Managers Worth Bnmtjen . Piper Capital senior vice president and fixed income portfolio manager . 27 years investment experience Mari;o Goldstein . Piper Capital senior vice president and fixed income portfolio manager . Nine years investment experience Marcy Winson . Piper Capital vice president and fixed income associate portfolio manager . Four years investnlent experience Steve Kuhn . Piper Capital fixed income associate portfolio manager . Two years investment experience Contmued from frO/It In our opinion, if interest rates remain at current levels the fund's net () asset value is likely to improve very gradually and shareholders should continue to receive income at approximately the current rate. If interest rates decline and the pace of mortgage prepayments increases, the portfolio should recover more rapidly. If interest rates rise, the fund's net asset value is likely to decline. Reduced volatility in market rates of interest would help significantly to stabilize the fund's net asset value. The past several months have been disappointing to us as well as to shareholders. However, we retain our conviction in the intrinsic value of this investment, based upon the portfolio's holdings in U.S. government or agency securities, its high cash flow and underlying principal value. We appreciate your perseverance in remaining a shareholder of the fund. Institutional Government Income Portfolio Characteristics · Designed for investors who seek a high level of current income consistent with preservation of capital. · Invests in securities issued or guaranteed as to payment of principal and interest by the U.S. government, its agencies or instrumentalities, including mortgage-related securities. (The securities in the fund, not the fund itself, are guaranteed as to payment of principal and interest.) n . The fund's investments in mortgage-related securities include derivative' " products such as interest-only and principal-only securities, inverse floating rate securities and Z-bonds. · The fund employs investment techniques - including the purchase of derivatives, and the purchase of securities on a when-issued basis- which may increase volatility in certain market environments. (Please see "Investment Objective and Policies" in the fund's prospectus for a more complete discussion.) Contact Your Investment Executive For more information about any of the Piper funds, including a prospectus, contact your investment executive or callI 800866-7778. This may be used as sales literature when preceded or accompanied by a current prospectus, which contains mOTe complete information about charges, investment objectives, and operating policies of the fund. Please read it carefully before investing. Figures shown reflect past performance and do not guarantee future results. The return and principal value of an investment in the fund will fluctuate and shares, when redeemed, may be worth more or less than their original cost. () Piper Capital Management Incorporated 222 South Ninth Street, Mplr, MN 55402-3804 1800 866-7778 Pip"" Jaffiay lnc.. fUnd distributor and NASD mrmb"", 001J.94c PJIGX04 CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE Auqust 16. 1994 AGENDA r-n SECTION ORIGINATING DEPARTMENT Discussion Item Richard Fursman, Administration APPROVED FOR AGENDA ITEM r-n Moving Ahead with Investments ;!);1v The city of Andover's strategy: To sell or not to sell? That is the question. The funds which are presently in the Piper Jaffray account were intended to be long term investments which is precisely what Andover sought. Based on the performance of the Fund over the , past six months, a short term investor would have met with 1 disastrous results. Some short term investors have sold off remaining principal deposits and have taken losses as a result. The city of Andover never intended the Piper Fund to be a short term investment. For several important reasons a strategy of maintaining funds in the Piper Jaffray Fund seems advisable. Enclosed with this item from Daryl Sulander and me is a portfolio manager commentary provided by Piper Jaffray. The information which I believe an investor should understand is the Recovery Potential of the Assets and the Exceptional Dividend which is being paid every month. The existing value of net assets contain good news along with the bad news. Shares which were purchased at peak value have been discounted 23% resulting in a significant decline in the current market value which has been well publicized. The good news is that: A. Nearly 100% of the value should be recovered with a vast majority of the portfolio invested in securities that are guaranteed by an agency of the U.S. Government. B. The dividends being paid to the City are being shares that are valued at $72 per $100 of par. outlook is for the par value to go from $72 to of par. re-invested in The long term $100 per $100 1 CONTINUED MOTION BY: SECOND BY: / The current dividend of 7.5 cents per share reflects an 11% return on all assets purchased at the present cost. In summary, all indications at this time lead me to believe that pulling out of the Piper Fund at this time would be short sighted and reactionary. The city clearly has more to gain by staying in the fund in the long run. J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 16. 1994 AGENDA tn SECTION Reports of Staff, Committees, Commissions ORIGINATING DEPARTMENT APPROVED FOR AGENDA Building ITEM tn ~ ~~ /S. Approve Quotes/Septic Repair/539-155th Ave. D. Almgren J The septic system at 539-155th Avenue N.W. has failed and needs to be replaced. The property owner is unable at this time to provide financing for a new system so the city will contract with a re,sponsible contractor for the repair and the cost will be assessed to the property owner's taxes for 1995. At this time bids for the repair have not been received and will be provided at the meeting. MOTION BY: SECOND BY: " , / J ~. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304. (612) 755-5100 " February 28, 1994 Mr. Michael Knoll 539 l55th Avenue NW Andover MN 55304 Dear Mr. Knoll: I received a complaint that your septic system has failed. On the afternoon of Thursday, February 24, 1994'I stopped by and verified the complaint. The following procedures shall be followed: 1) pump tank immediately and maintain until it is repaired 2) get estimate of repair from contractor and submit to this office 3) repair shall be done when road restrictions are lifted in the spring Sincerely, t;Lif~ David Almgren Building Official DA/jp " .J[no/w (9rthopaedic .J[ssociates, fP..JC. ., MERCY HEAL.TH CARE CENTER. SUITE 200 ... 3960 COON RAPIDS BLVD, . COON RAPIDS, MINN, SS433 ~4. PHONE 427-7300 .'1. ,.. CHARLES J. COOLEY, M.D. . JON E. WALLESTAO, M.D. . PHILIP H. HALEY, M.D. -' _.......... PAUL C. IVERSON, M.D. ORTHOPAEOIC St FRACTURE SURGERY / ~"l6 12,''1'1 '-i 4TT0'. DC<-l!e.. CL \ ~~0) -- ,-.i"' ~.-., .... ; , ,. . CL\'1CN'- CQJL~c1'l-~ ::to C \...I....iW r (ON.-"",",cJ1 "''-' GrD ~ 1;)\ \ q q 4 Jl CLn, G..a..tLnS J...\<..J LU.J\..d:c...0S it~ ;;tJ~ t~J;l c6 .~1.(-eci0L #, 1'0) ~c ..scd'el,~;' -:;to ~ '-!1tLtc.cf C-1U JYlj .:itc..~ I vJtcW(... Cc:.U( (,6 '4-1.{ SA-~<rfl c'^''). .:j.h{'uJ::- - ~tA...L () D q '-L..l':.L ~~C as 39 - JS5'fA {Cu-L ~lcJ .SS3Ul..-/ O"',ry(o 1/ &\ I (ntu 1lJ- LIZ- 7 -7,360 tt - Li34-Y38'5- ,. I ;" .~, " . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AUGUST 16, 1994 DATE AGENDA SECTION t'O. MAYOR AND CITY COUNCIL ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t'O. 1994 ANDOVER CITY SALE FRANK O. STONE PUBLIC WORKS SUPERINTENDEN" BY: I{j7 It:,. NOTICE IS HEREBY GIVEN THAT SEALED BIDS WERE RECEIVED, PUBLICLY OPENED AND READ ALOUD BY REPRESENTATIVES OF THE CITY OF ANDOVER AT 2:00 P.M. C.D.S.T. ON MONDAY, AUGUST 15, 1994 FOR THE SALE OF SURPLUS, USED CITY EQUIPMENT AS ADVERTISED IN THE AUGUST 10,1994 ANOKA COUNTY SHOPPER NEWSPAPER. THIS EQUIPMENT WAS ON DISPLAY AT THE PUBLIC WORKS BUILDING ON AUGUST 11 AND AUGUST 12, 1994 FROM 8:00 A.M. UNTIL 3:00 P.M. WHERE THE GENERAL PUBLIC WAS AT LIBERTY TO COME IN AND MAKE SEALED BIDS. j THE MAYOR AND COUNCIL WILL ~ECEIVE THE BIDS PRIOR TO THE REGULAR MEETING TO BE HELD AT 7:00 P.M., TUESDAY, AUGUST 16,1994. THE MAYOR AND COUNCIL WILL THEN CONSIDER AWARD OF BIDS AT SAID REGULAR MEETING. / MOTION BY: TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE .A.ugusc .1.0, ~:1:14 AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Items Finance Approve 1994 Union Contract D~,yl E. Suland"'.JI/ ~'k F1nance D1rect~~ ~ ITEM t\O. /7. REQUEST The Andover City Council is requested to approve the Labor Agreement between the City of Andover and Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320 (Union) for the period January 1, 1994 through December 31, 1994. I BACKGROUND The contract negotiated with the Union for 1994 includes the following provisions as approved for negotiating by the Personnel Committee and affirmed by the City Council: 1) Article IIi addition of job class description 'mechanic'. 2) Article XIXi employer insurance contribution increase from $270/month to $300/month. 3) Apendix Ai a)Maintenance Worker wage range increases 4%, Old Range: $9.30 to $12.20 New Range: $9.67 to $12.69 b)Mechanic wage range established as: $10.70 to $15.29 c)Weekend Duty rate increases from $23.03 to $24.28 per hour. RECOMMENDATION The staff recommendation for City Council approval of the formal agreement affirms the verbal negotiated terms agreed to by staff and the Union as authorized by the Personnel Committee and the Ci ty Council. Note: Full contract available upon request (13 pages). \ , 1 MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 16, 1994 AGENDA t-O. SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineering -?..Ar APPROVED FOR AGENDA Accept Petition/94-24/ 1800 Bunker Lake Boulevard NW lB. (Sports Bar) BYV ITEM t-O. The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer, watermain, street and storm sewer, project 94-24, in the area of approximately 1800 Bunker Lake Boulevard NW (Sports Bar). 1 MOTION BY: SECOND BY: 1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER PROJECT NO. 94-24 , IN THE AREA OF APPROXIMATELY 1800 BUNKER LAKE BOULEVARD NW (SPORTS BAR) WHEREAS, the City July 27, 1994 improvements; and Council has received a petition, dated , requesting the construction of WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000.00 3. The proposed improvement is hereby referred to TKDA and is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16th day of 19 94 , with Councilmembers August voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. MCKelvey - Mayor I Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AUqust 16. 1994 AGENDA t-n SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineering~ APPROVED FOR AGENDA ITEM t-n Approve Plans & Specs/94-2/ Woodland Pond 2nd Addition ~'\1 /9. The City Council is requested to approve the resolution approving final plans and specifications and ordering advertisement for bids for project 94-2, Woodland Pond 2nd Addition, for sanitary sewer, 'watermain, street and storm drain construction. The plans and specs are available in the Engineering Office for review. I 1 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 FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 94-2, FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF WOODLAND POND 2ND ADDITION WHEREAS, pursuant to Resolution No. 130-94, adopted by the City Council on the 5th day of Julr ,19 94 , TKDA has prepared final plans and spec~fications-tor project 94-2 for sanitary sewer, watermain, street and storm drain construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of August 19 94 J NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM , Thursday September 22 ,19~ at the Andover City Hall. MOTION seconded by Councilmember adopted by the City Council at a and regular meeting this 16th day of August , 19~, with Councilmembers voting in favor of the resolution and Councilmembers voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor J Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE August 16, 1994 Non-Discussion/Consent Agenda Todd J. Haas, Engineering ......... ~... APPROVED FOR AGENDA AGENDA t\O. SECTION ORIGINATING DEPARTMENT ITEM t\O. Declare Cost/94-4/14267 Round Lake Boulevard NW BY~~ 0:;0' The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for project 94-4, 14267 Round Lake Boulevard NW, for watermain construction. j MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT NO. 94-4 14267 ROUND LAKE BOULEVARD NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 5,512.39 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 5,512.39 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 5,512.39 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the city is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $ 5,512.39 2. Assessment shall be payable in equal annual installments extending over a period of 5 years. The first of the installments to be j payable on or before the first Monday in January 1995, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The city Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16th day of August , 19 94 , 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 CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE Auqust 16. 1994 AGENDA 1\0. SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineerin~ APPROVED FOR AGENDA ITEM 1\0. Declare Cost/93-28/13828 Round Lake Boulevard NW ~'\Y ,;J, I . The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for Project 93-28, 13828 Round Lake Boulevard NW, for watermain construction. " MOTION BY: SECOND BY: \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT NO. 93-28, 13828 ROUND LAKE BOULEVARD NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 3,187.92 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 3,187.92 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 3,187.92 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $ 3,187.92 2. Assessment shall be payable in equal annual installments extending over a period of 5 years. The first of the installments to be / payable on or before the first Monday in January 1995, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16th day of August , 19 94 , 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 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 16, 1994 AGENDA t\O. SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM t\O. Declare Cost/93-29/13836 Round Lake Boulevard NW BYV c:?.:1.. The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for Project 93-29, 13836 Round Lake Boulevard NW, for watermain construction. 1 I MOTION BY: SECOND BY: \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA j RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT NO. 93-29, 13836 ROUND LAKE BOULEVARD NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 3,187.92 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 3,187.92 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 3,187.92 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $ 3,187.92 2. Assessment shall be payable in equal annual installments extending over a period of 5 years. The first of the installments to be J payable on or before the first Monday in January 1995, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16th day of August , 19 94 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE Auqust 16, 1994 AGENDA r-o SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineering -r:s~ APPROVED FOR AGENDA ITEM I'D, Declare Cost/93-9/Xeon street Storm Sewer BY: ~ W 01_1. The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for Project 93-9, Winslow Hills/Xeon Street, for storm sewer construction. Costs will be presented at the Council meeting. 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 DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM SEWER , FOR PROJECT NO. 93-9, WINSLOW HILLS/XEON STREET THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ , and the expenses incurred or to be incurred in the making of such improvement amount to $ and work previously done amount to $ so that the total cost of the improvement will be $ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such is hereby declared to be $ cost to be assessed against to be $ improvement to be paid by the City and the amount of the benefited property owners is declared 2. Assessment shall be payable in equal annual installments extending over a period of 5 years. The first of the installments to be J payable on or before the first Monday in January 1995, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16th day of August , 19 94 , 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 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AUqust 16. 1994 AGENDA fIX). SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM fIX). Declare Cost/92-27/ Commercial Boulevard BYV d4. The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for Project 92-27, Commercial Boulevard, for sanitary sewer, watermain, street 'and storm drain construction. Costs will be presented at the Council meeting. j j MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN , FOR PROJECT NO. 92-27, COMMERCIAL BOULEVARD THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ , and the expenses incurred or to be incurred in the making of such improvement amount to $ and work previously done amount to $ so that the total cost of the improvement will be $ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such is hereby declared to be $ cost to be assessed against to be $ improvement to be paid by the City and the amount of the benefited property owners is declared 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be J payable on or before the first Monday in January 1995, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16th day of August , 19 94 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER j ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 16, 1994 AGENDA tn SECTION ORIGINATING DEPARTMENT Todd J. Haas, Engineering ~ APPROVED FOR AGENDA Non-Discussion/Consent Agenda ITEM tn Declare Cost/92-25/university Avenue Extension BYw ~. The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for Project 92-25, university Avenue Extension, for street construction. Costs will be presented at the Council meeting. 1 MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA . I RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREETS , FOR PROJECT NO. 92-25, UNIVERSITY AVENUE EXTENSION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ , and the expenses incurred or to be incurred in the making of such improvement amount to $ and work previously done amount to $ so that the total cost of the improvement will be $ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such is hereby declared to be $ cost to be assessed against to be $ improvement to be paid by the City and the amount of the benefited property owners is declared 2. Assessment shall be payable in equal annual installments extending over a period of 5 years. The first of the installments to be , J payable on or before the first Monday in January 1995, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16th day of August , 19 94 , 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 CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE Auaust 16. 1994 AGENDA t-.O. SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineering :&<' APPROVED FOR AGENDA ITEM t-.O. Declare Cost/91-5/Njordmark Dale/ 178th Lane NW B"f\W'\J CJ, (,. . The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for Project 91-5, Njordmark Dale/178th Lane NW, for street construction. Costs will be presented at the Council meeting. 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 DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREETS , FOR PROJECT NO. 91-5, NJORDMARK DALE/178TH LANE NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ , and the expenses incurred or to be incurred in the making of such improvement amount to $ and work previously done amount to $ so that the total cost of the improvement will be $ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such is hereby declared to be $ cost to be assessed against to be $ improvement to be paid by the City and the amount of the benefited property owners is declared 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be J payable on or before the first Monday in January 1995, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16th day of August , 19 94 , 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 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE A1HJust 16. 1 qq4 AGENDA 110 SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM 110 Declare Cost/91-16/159th Avenue B~V \'j .;) 7. The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for project 91-16, 159th Avenue NW, for street construction. Costs will be presented at the Council meeting. MOTION BY: SECOND BY: , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREETS , FOR PROJECT NO. 91-16, 159TH AVENUE NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ , and the expenses incurred or to be incurred in the making of such improvement amount to $ and work previously done amount to $ so that the total cost of the improvement will be $ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such is hereby declared to be $ cost to be assessed against to be $ improvement to be paid by the City and the amount of the benefited property owners is declared 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be I payable on or before the first Monday in January 1995, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16th day of August , 19 94 , 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 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AUQust 16. 1994 AGENDA 1\0. SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineering ~ ?" APPROVED FOR AGENDA ITEM 1\0. Declare Cost/93-18/Pine Hills BY'&, 018. The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for Project 93-18, Pine Hills, for street construction. Costs will be presented at the Council meeting. ) MOTION BY: SECOND BY: , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ) RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREETS , FOR PROJECT NO. 93-18, PINE HILLS THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ , and the expenses incurred or to be incurred in the making of such improvement amount to $ and work previously done amount to $ so that the total cost of the improvement will be $ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such is hereby declared to be $ cost to be assessed against to be $ improvement to be paid by the City and the amount of the benefited property owners is declared 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be J payable on or before the first Monday in January 1995, and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16th day of August , 19 94 , 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 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 16, 1994 AGENDA r--n SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineering / APPROVED FOR AGENDA ITEM r--n Approve Plans & specs/94-8/ Foxberry Farms BY~ ~9. The City Council is requested to approve the resolution approving final plans and specifications and ordering advertisement for bids for project 94-8, Foxberry Farms, for sanitary sewer, watermain, street and storm sewer construction. The plans and specs are available in the Engineering Office for review. ; This project will be bid along with project 94-10, Jonathon Woods and Project 94-5, SuperAmerica Addition, as one project. MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS ADVERTISEMENT FOR BIDS FOR PROJECT WATERMAIN, STREET AND STORM SEWER FOXBERRY FARMS AND SPECIFICATIONS AND ORDERING NO. 94-8, FOR SANITARY SEWER, CONSTRUCTION IN THE AREA OF WHEREAS, pursuant to Resolution No. 121-94, adopted by the City Council on the 21st day of June , 19 94 , TKDA has prepared final plans and specifications-tor Project 94-8 for sanitary sewer, watermain, street and storm sewer construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of August 19 94 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . J BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM , Thursday September 29 , 19-2i at the Andover City Hall. MOTION seconded by Counci1member and adopted by the City Council at a regular meeting this 16th day of , 19-2i, with Councilmembers voting in favor of the resolution voting against August and Councilmembers same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor J Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 16, 1994 AGENDA NJ. SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineerin~ APPROVED FOR AGENDA ITEM NJ. Approve Plans & Specs/94-10/ Jonathon Woods 8Y~ .3tJ. The City Council is requested to approve the resolution approving final plans and specifications and ordering advertisement for bids for project 94-10, Jonathan Woods, for sanitary sewer, watermain, street and storm sewer construction. The plans and specs are available in the Engineering Office for review. This project will be bid along with project 94-8, Foxberry Farms and Project 94-5, SuperAmerica Addition, as one project. MOTION BY: SECOND BY: 1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: AND SPECIFICATIONS AND ORDERING NO. 94-10, FOR SANITARY SEWER, CONSTRUCTION IN THE AREA OF A RESOLUTION APPROVING FINAL PLANS ADVERTISEMENT FOR BIDS FOR PROJECT WATERMAIN, STREET AND STORM SEWER JONATHON WOODS WHEREAS, pursuant to Resolution No. 124-94, adopted by the City Council on the 21st day of June , 19 94 , TKDA has prepared final plans and specifications-Ior Project 94-8 for sanitary sewer, watermain, street and storm sewer construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of August 19 94 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and specifications . 1 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM , Thursday September 29 , 19~ at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16th day of August , 19~, with Councilmembers voting in favor of the resolution and Councilmembers voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor J Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL AcrION DATE August 16, 1994 AGENDA t-O SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineeri~ APPROVED FOR AGENDA ITEM r-o. Approve Plans & Specs/94-5/ SuperAmerica Addition BYV .3/. The City Council is requested to approve the resolution approving final plans and specifications and ordering advertisement for bids for project 94-5, SuperAmerica, for sanitary sewer, watermain and storm sewer construction. The plans and specs are available in the Engineering Office for review. This project will be bid along with project 94-8, Foxberry Farms and Project 94-10, Jonathon Woods, as one project. ) 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 FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 94-5 , FOR SANITARY SEWER, WATERMAIN AND STORM SEWER CONSTRUCTION IN THE AREA OF SUPERAMERICA ADDITION WHEREAS, pursuant to Resolution No. 094-94, adopted by the City Council on the 17th day of May , 19 94 , TKDA has prepared final plans and specifications-Ior project 94-10 for sanitary sewer, watermain and storm sewer construction~ and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of August 19 94 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final plans and Specifications . , / BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM , Thursday September 29 , 19-2i at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 16th and Councilmembers , 19-2i, with Councilmembers voting in favor of the resolution voting against day of August same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor / Victoria Volk City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 16, 1994 AGENDA ~ SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Agenda Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM ~ Approve Plans & Specs/94-17/ Quickstrom Addn./142nd Ave. BV\i -3~. The City Council is requested to approve the resolution approving final plans and specifications and ordering advertisement for bids for project 94-17, Quickstrom Addition/142nd Avenue NW, for watermain construction. \ 1 The plans and specs are available in the Engineering Office for review. This project will be bid along with project 94-2, Woodland Pond 2nd Addition, as one project. MOTION BY: SECOND BY: \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 94-17, FOR WATERMAIN CONSTRUCTION IN THE AREA OF QUICKSTROM ADDITIONI 142ND AVENUE NW WHEREAS, pursuant to Resolution No. 155-94, adopted by the City Council on the 19th day of Julr ' 19 94 , TKDA has prepared final plans and speclfications-Ior Project 94-17 for watermain construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of August 19 94 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final plans and Specifications . , BE IT FURTHER RESOLVED by the City Council of the City of / Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM , Thursday September 22 , 19-2i at the Andover City Hall. MOTION seconded by Councilmember adopted by the City Council at a and regular meeting this 16th day of , 19-2i, with Councilmembers voting in favor of the resolution voting against August and Councilmembers same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor j Victoria Volk - City Clerk :~ o It - q { HEwING _~ I~GENDA. nE:,i ."...;I.---- Recommendations For City of Andover, Minnesota $3,705,000 General Obligation Temporary Improvement Bonds, Series 1994A $1,140,000 General Obligation Improvement Bonds, Series 1994B o o Study No.A0128L 1 K1 SPRINGSTED Incorporated August 10, 1994 '0 Recommendations for City of Andover, Minnesota $3,705,000 General Obligation Improvement Bonds, Series 1994A 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 bids and establish the terms and conditions of the Offering. 2. Type and Purpose of Offering C) 3. Principal Amount of Offering 4. Repayment 5. Source of Debt Service Revenues 6. Optional Redemption 7. Credit Rating Comments 8. Sale Date and Time 9. Award Date and Time 10. Comments Proceeds of the issue will be used to finance improvement projects currently under construction within the City. $3,705,000. October 1, 1997. Special assessments against benefited property. October 1, 1996 and any day thereafter at a price of par plus accrued interest. Moody's rating recommended. The City is currently rated "8aa1". Tuesday, September 20,1994 at 11:00 A.M. Tuesday, September 20, 1994 at 7:00 P.M. ~) As three-year temporary bonds, interest-only payments are made on this issue until maturity on October 1, 1997. If special assessment collections, including any prepayments, are not sufficient to repay the bonds upon maturity on October 1, 1997, the City has the option to refinance this issue as temporary bonds for an additional three years, or refinance them as definitive long- term bonds. /-, o r -, ....--.J ~) Recommendations for City of Andover, Minnesota $1,140,000 General Obligation Improvement Bonds, Series 1994B 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 bids and establish the terms and conditions of the Offering. 2. Type and Purpose of Offering Proceeds of the issue will be used to finance improvement projects cUlTently under construction within the City. 3. Principal Amount of Offering 4. Repayment Term 5. Source of Debt Service Revenues 6. Optional Redemption 7. Credit Rating Comments 8. Sale Date and Time 9. Award Date and Time $1,140,000. February 1, 1996 through 2006. Special assessments against benefited property and general ad valorem tax levies. February 1, 2004 and any day thereafter at a price of par plus accrued interest. Moody's rating recommended. The City is currently rated "8aa1". Tuesday, September 20, 1994 at 11 :00 A.M. Tuesday, September 20, 1994 at 7:00 P.M. / -, I ',---" ~ PUBLIC FINANCE ADVISORS SPRINGSTED 120 South Sixth Street Suite 2507 Minneapolis, MN 55402,1800 (612) 333,9177 Fax: (612) 349,5230 Home Office 85 East Seventh Place SUite 100 Saint Paul. MN 55101,2143 (612) 223-3000 Fax: (612) 223,3002 16655 West Bluemound Road Suite 290 Brookfield. WI 53005,5935 (414) 782,8222 Fax: (414) 782,2904 6800 College Boulevard SUite 600 Overland Park, KS 66211-1533 (913) 345,8062 Fax: (9131 345,1770 August 10, 1994 1850 K Street NW Suite 215 Washington, OC 20006,2200 (202) 466,3344 Fax: (202) 223,1362 Mayor J.E. McKelvey Members, City Council Mr. Richard Fursman, City Administrator Mr. Daryl Sulander, Finance Director City of Andover 1685 Crosstown Boulevard Northwest Andover, MN 55304-2612 Re: Recommendations for the Issuance of: $3,705,000 General Obligation Temporary Improvement Bonds, Series 1994A $1,140,000 General Obligation Improvement Bonds, Series 1994B " " <-...J We respectfully request your consideration of our recommendations for the issuance of the above-mentioned bonds according to the terms and conditions set forth in the attached Terms of Proposal. The bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475, and both issues will finance various improvement projects within the City. Each issue will be discussed separately, with items common to both to follow. $3,705,000 General Obligation Temporary Bonds, Series 1994A (the "Temporary Bonds") This issue will finance the construction of ten improvement projects within the City. The project costs and sizing of the Temporary Bonds is shown in Appendix I. Please note that prepayments of assessments, which have been received on four of the improvement projects thus far, have been used to reduce the amount of borrowing. The amount of borrowing for the Temporary Bonds has also been reduced by a City cash contribution of $35,000. The cash contribution will enable the City to keep its total tax-exempt borrowing under $5,000,000 in 1994, and therefore the City will be exempt from reporting and rebate requirements under the federal arbitrage regulations (see discussion of "Federal Rebate-Arbitrage" in these recommendations). ~) The projection of special assessment income for repayment of the Temporary Bonds is shown in Appendix II. Special assessments totaling $1,668,672 of principal have been or are expected to be filed in 1994, for first collection in 1995. The remaining assessments totaling $2,144,988 are expected to be filed in 1995, for collection beginning in 1996. These projected assessment amounts are maximum estimates and will be reduced, prior to certification, to more accurately reflect actual project costs. The projected assessments do not include the $127,666 of assessments which have been deferred. The assessments filed in April of this year for ::J /~ 'J '0 City of Andover, Minnesota August 10, 1994 Project 93-14 (Woodland Pond) carry an interest rate on the unpaid balance of 5.50%. Interest on the unpaid balance of the remaining assessments will be charged at a rate of approximately 1.0% over the net effective rate on the longer-term 10-year Improvement Bonds described in the following section. All assessments for the Temporary Bonds will be filed over a term of 5 years, with even annual payments. Each projects' pro rata share of costs of issuance and allowance for discount bidding have been included in the principal amount of the assessments. Because the special assessments for the ten projects listed in Appendix I will be assessed over such a short time period (five years), there are advantages to the City to finance these projects with temporary bonds. First, the City can reduce its interest cost by structuring all principal due in three years, so the entire issue is charged at a short-term interest rate. Secondly, the City expects to receive substantial prepayments of special assessments which can be used to retire this issue in three years, along with any collections of the deferred assessments. If revenues are not received sufficient to repay the Temporary Bonds upon maturity on October 1, 1997, the City has the option to refinance this issue as temporary bonds for an additional three years, or refinance them as definitive long-term bonds. Appendix III is our estimate of debt service payments for the Temporary Bonds. The City will make interest payments each April 1 and October 1, commencing April 1, 1995. Each April 1 and October 1 interest payment will be made from assessments received in the same year. We have provided an early call feature which will permit the City to repay the Temporary Bonds as early as October 1, 1996, one year prior to the scheduled maturity date, without penalty. This call provision will allow the City to repay the Temporary Bonds early if the City receives substantial prepayments of assessments, in an amount sufficient to redeem the Temporary Bonds. Included in the principal amount of the Temporary Bonds is a provision for discount bidding in the amount of $33,345, representing 0.9% of the principal amount of the issue, or $9 per $1,000 bond. The discount is a means of providing the underwriters with all or part of their working capital and/or profit for purchasing the bonds and permits them to reoffer the bonds at or close to a par scale. $1,140,000 General Obligation Improvement Bonds, Series 1994B (the "Improvement Bonds") Proceeds of the Improvement Bonds will be used to finance five improvement projects within the City. The project costs and sizing for the Improvement Bonds are set forth in Appendix IV. As was the case for the Temporary Bonds, the amount of bOlTowing for the Improvement Bonds has also been reduced for prepayments of assessments. Two of the five projects will not be assessed until 1995 for first collection in 1996. Therefore, capitalized interest has been included to pay for that portion of the interest accruing on these two projects through February 1996, after which assessment and tax collections will be available to make debt service payments. Appendix V is the projection of assessment income. Assessment rolls for Project 92-24 (Andover Blvd.) were filed in April of this year. Assessment rolls for two of the projects are expected to be filed on or before November 1, 1994 and assessments for the remaining two projects are expected to be filed in 1995. All assessments will be spread over a term of 10 years with even annual payments. The assessments filed for Project 92-24 carry an interest rate on the unpaid balance of 5.50%. Interest on the unpaid balance of the remaining assessments will be charged at a rate of approximately 1.0% over the net effective rate on the Page 2 <J " 'J () City of Andover, Minnesota August 10, 1994 Improvement Bonds. The principal amount of the assessments include each projects' pro rata share of costs of issuance, allowance for discount bidding and capitalized interest. Appendix VI is the recommended debt amortization schedule and projected cash flow for the Improvement Bonds. The Improvement Bonds will be dated October 1, 1994 and will mature each February 1 from 1997 through 2006. Columns 1 through 6 show the years and amounts of principal and estimated interest due and payable on the Improvement Bonds. Column 7 shows the capitalized interest attributable to Projects 94-3 and 94-6. Column 8 shows the net levy required to pay 100% of debt service, with Column 9 showing the 5% overlevy requirement as set forth by State Statute. The 5% overlevy is a protection to the bondholder and to the City in the event 100% of expected revenues from assessment and tax collections are not received. Column 10 shows the projection of assessment income developed in Appendix V. Column 11 shows the net property tax levy requirements which represents the City's share of the improvement project costs. Annual debt service payments have been structured to provide for a level annual net requirement by the City of approximately $41,550. The first payment on the Improvement Bonds will be an interest payment due August 1, 1995. The August 1, 1995 interest payment will be made from a combination of capitalized interest and first-half collections of special assessments. The subsequent February 1, 1996 interest payment will be made from the remaining capitalized interest and second-half collections of assessments, plus surplus first-half collections. Thereafter, collections of special assessments and taxes levied each year will cover the debt service payments on the Improvement Bonds due August 1 of the collection year and February 1 of the following year. As with all improvement issues, the timing of the principal repayment assumes that assessments will be filed in the years and amounts estimated. Any deviation from these assumptions may result in a higher tax levy requirement. We recommend the Improvement Bonds maturing on or after February 1, 2005 be callable on February 1, 2004, and any day thereafter, at a price of par plus accrued interest. This call feature will permit prepayment of the Improvement Bonds should prepayments of assessments be received. Included in the principal amount of the Improvement Bonds is a provision for discount bidding in the amount of $14,820, representing 1.3% of the principal amount of the issue, or $13 per $1,000 bond. Common to Both Issues Ratings The City is currently rated "Baa1" by Moody's Investors Service. These offerings will require a rating review in order to maintain the ratings on the City's outstanding bonds and to insure the high level of marketability for these issues. The rating agency fee, estimated to total $5,500, has been pro-rated in the costs of issuance for each bond issue. Federal Rebate - Arbitrage All tax-exempt bonds are subject to federal arbitrage regulations. The "final" arbitrage regulations were published in June 1993. One of the requirements included 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 Treasury. There are some exemptions to this rebate requirement which include: Page 3 City of Andover, Minnesota " "\ August 1 0, 1994 'J (i) A small issuer exemption if the bonds are for governmental purposes and the issuer reasonably expects to issue not more than $5,000,000 of tax-exempt obligations during the calendar year. (ii) A six-month exemption if all of the proceeds are expended within six months of bond issuance. (iii) An 18-month expenditure test if at least 15% of proceeds are expended within 6 months, 60% within 12 months and 100% within 1 c8 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 six months, 45% within 12 months, 75% within 18 months and 100% within two years. The City expects to qualify as a small issuer under (i) above and therefore will be exempt from the reporting and rebate requirements. The City's total tax-exempt borrowing in 1994 will total $4,995,000, including these issues and $150,000 of general obligation equipment certificates sold by the City earlier this year. " "- ,~ Prior to the 1993 final arbitrage regulations the small issuer exemption also exempted any debt service funds from rebate requirements. The 1993 regulations changed that so only bona fide debt service funds are exempt from rebate. A bona fide debt service is defined as a fund for which there is an equal matching of revenue to debt service expense with a carry over 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. If the City receives substantial prepayments of special assessments on either issue, those prepayments will have to be used to either call in the bonds, if possible, or the yield on those funds will have to be restricted to the yield on the bonds. It is important for the City to monitor all of its debt service funds, for accumulation of too much investment earnings or excess tax revenues due to overlevies. Economic Life of Financed Proiects 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 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. Since these issues are being issued for street and utility improvements which, under the Treasury guidelines have an economic life of 20 and 50 years, respectively, the bonds are in compliance with this regulation. Federal Reimbursement Regulations The Federal 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 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 .' 'j miscellaneous start-up costs. It is our understanding the City has taken whatever actions are \j necessary to comply with the federal reimbursement regulations in regards to the bonds. Page 4 -=J City of Andover, Minnesota August 10, 1994 Bank-Qualified Obligations The Tax Reform Act also restricts the ability of banks to deduct tax-exempt interest as a carrying expense under certain circumstances in calculating their tax liability. Since the City does not expect to issue more than $10,000,000 of tax-exempt obligations in 1994, these bonds will be designated as "qualified obligations." This qualification will help the marketability of the issues. Sure Bid " "- " . -/ Springsted Incorporated has joined with Capital Guaranty Insurance Company, a municipal bond insurer, to offer a surety bond service to underwriters in lieu of putting up a good faith check in order to bid on the obligations. The program is called "Sure-Bid" and we have allowed for its use in the Terms of Proposal, attached to these recommendations. We believe that the use of this bidding option will help garner more bids for the bond sales, since it has the potential to make it easier for an underwriter to bid. There is no cost to the issuer for this service, and Springsted Incorporated does not have a financial interest in the use of Sure-Bid. For underwriting firms which have been approved and have entered into a reimbursement agreement with Capital Guaranty and have elected to use Sure-Bid instead of physically delivering a good faith check with their bid, Capital Guaranty will put up a surety bond, guaranteeing the amount of the good faith check to the issuer if the purchaser does not deliver such check to Springsted by 3:30 P.M. the day after the sale. We believe that we will not have to invoke the surety bond on your behalf and will forward the good faith checks from the purchasers of these issues as soon as we receive them. Youwill most likely receive some bids which are accompanied by a good faith check and some which are covered under Sure-Bid. Springsted will be in constant touch with Capital Guaranty to monitor the underwriters which have been admitted to this program and, if Sure-Bid is used, Springsted will follow through after the sales, to make sure you receive your good faith amounts from the purchasers. Sale Process We recommend these bonds be offered for sale on Tuesday, September 20, 1994, with proposals received at the offices of Springsted Incorporated at 11 :00 A.M. The proposals will then be verified for accuracy, and a compilation of such proposals will be presented to the City Council at 7:00 P.M. that evening for consideration of award. A representative of Springsted will attend the meeting to provide recommendations as to the acceptability of proposals received and to comment on the procedures required for award. Bond proceeds will be available by late October. Respectfully submitted, ';;,Y\J/n~W d/httY1ft11-uhc/ sr~;-;~~-Incorporated ' (J mmc Page 5 " " ) \) ~J .. .! ii '" .; "0 ! III i E .. ~ elSc.. _E g; Gl CI Co Cc.. ~~ .~ ... e ~.2 OC '0= c= <8 -- o CI ~ii .- i ()~ 'i.l!!.<> _ c 0" ~E o on - ., 0.. :ll ., < co ~ c: c ::> c ::>.- a: lEI 8 ~ :t 11)-- ..2i51ll < - .E < . ell ell - w;"OQ) ..2cog o..U;CS oil U.!!l ;,; ., III ...J u .. o.!! - on 0..0 U ., 'E .. 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'" on ~~~~~~~~~~~ o ~ ,... m N M V ~ CO ,... o v v v ~ ~ ~ ~ ~ ~ ~ o 0 000 0 0 0 0 0 0 o 0 0 0 000 0 0 0 o 0 0 0 000 0 0 0 ~ 0 0 ~ ~ ~ 0 0 ~ ~ ~ ~ :: :: :: _ N N ~ m ~ ~ ~ ~ g 0 ~ ~ ~ ~ ~ m m m moo 0 0 0 0 0 _ _ N N N N N N N ~ ~ ~ ~ ~ ~ 8 0 ~ g ~ m m m m m moo 0 0 0 N N N N N '" ... on on :;; '" o ro- '" o '" on ro- on '" CD r0- o o on r0- o CD on on on r0- C') CD on on on r0- C') cD :;; o o o o ... (/) ...J < .... o .... on ll: ro- C') C') on ; :! ~ ~ ... .. .. ... ... " ... Ill) ::l II) CD .., 0 CP .., C CJ '- as _ In II>> a: .... +' ~ C S (,) ::> " " < .. :> +' ~ ~ z J' J' o M co 0 o co ~ ~ on CD <Xl on on ro- ro- .. ... .. >-a: ... ... .... .. II) c.. nl ..... c.. :J ::l ca: tIS .., C c: .. .. " >- :I or:( <-> 't> " o <Xl Cl Cl ~ ~ ~ APPENDIX VI .. .... :> 't> .. .: o .. .. ... .: ... .... o .. " o .... ... .. ... .. ... .... to ... " .. o .... .... .... " Cl ,., ... ... .. .. > .. to 0 :> to to .... o .. ,., ,., .. .. E E .. 't> .. .... Cl.c 0::: to +' .: 0::: o ::> o o .. to .. .... ... 't> .. E to .... ... ... to .. .. ... ... .. ... ... ~ .. ... .. .. 't> .. " ... ::> to ... .... .. ... :> to +' .. 0 ... .. .. ... .. " .: ~ .... Page 13 ':J THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $3,705,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1994A Proposals for the Bonds will be received on Tuesday, September 20, 1994, until 11 :00 A.M., 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. DETAILS OF THE BONDS The Bonds will be dated October 1, 1994, as the date of original issue, and will bear interest payable on April 1 and October 1 of each year, commencing April 1, 1995. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the .'l purchaser, and fully registered as to principal and interest. Principal will be payable at the main '---/ corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature on October 1,1997. OPTIONAL REDEMPTION The City may elect on October 1, 1996, and on any day thereafter to prepay Bonds due on October 1, 1997. Redemption may be in whole or in part and if in part by lot as selected by the registrar. 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 special assessments against benefited property. The proceeds will be used to finance improvements within the City. TYPE OF PROPOSALS .:) Proposals shall be for not less than $3,671,655 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 $37,050, 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 Page 14 ':J o C) 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 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. A single rate of interest shall be specified. 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, (ii) reject all proposals without cause, and, (iii) 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. 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. 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 Page 15 .~) o C) subject to receipt by the purchaser of an approving legal opinion of Holmes & Graven, Chartered of Minneapolis, Minnesota, which opinion will be printed on the Bonds, 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. 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 150 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 (ij) 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 16, 1994 BY ORDER OF THE CITY COUNCIL Isl Victoria Volk Clerk Page 16 \J '0 '\ \.J THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,140,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1994B Proposals for the Bonds will be received on Tuesday, September 20, 1994, until 11 :00 A.M., 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. DETAILS OF THE BONDS The Bonds will be dated October 1, 1994, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1995. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1997 $115,000 1998 $110,000 1999 $110,000 2000 $115,000 2001 $115,000 2002 $115,000 2003 $120,000 2004 $120,000 2005 $125,000 2006 $ 95,000 OPTIONAL REDEMPTION The City may elect on February 1, 2004, and on any day thereafter, to prepay Bonds due on or after February 1, 2005. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. 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 special assessments against benefited property. The proceeds will be used to finance improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $1,125,180 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in Page 17 \J o (-) "-~ the form of a certified or cashier's check or a Financial Surety Bond in the amount of $11,400, 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 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, (ii) reject all proposals without cause, and, (iii) 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. 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. 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 Page 18 \) o () ---' 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 Holmes & Graven, Chartered of Minneapolis, Minnesota, which opinion will be printed on the Bonds, 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. 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 40 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 16, 1994 BY ORDER OF THE CITY COUNCIL Isl Victoria Volk Clerk Page 1 9 DATE: August 16, 1994 ITEMS GIVEN TO THE CITY COUNCIL planning and zoning Commission Minutes - July 26, 1994 City Council Minutes - August 2, 1994 special City Council Minutes - August 3, 1994 July 1994 Monthly Building Report Letter from John Davidson, TKDA - August 3, 1994 Letter from patricia Kuderer - August 3, 1994 Letter from Jean Gage, Anoka cty. Assoc. of Realtors - 8/24/94 Justices Support Property Rights Article Fire Department Information preliminary Plat/Foxberry Farms Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. ,~, CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 " MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Mavor & City Council Departments David Almgren August 2, 1994 JULY 1994 MONTHLY BUILDING REPORT I hereby submit the following report of the Building Department for the Month of July 1994: PERMITS ~8 Building Permits 1 Curb Cut Permit 2 Footing to Grade 1 Renewal Permit 50 Heating Permits 23 Heating Repair 44 Hook Up (Sewer) 49 Plumbing Permits 8 Plumbing Repair 39 Pumping Permits 2 Septic Permits 4 Septic Repairs 46 Water Meter 53 Certificates of Occupancy 12 Contractor's License 53 License Verification Fee 2 Health Authority Form 44 Sewer Administration Fee 44 SAC Retainage Fee 1 Reinspection Fee APPROXIMATE VALUATION $ 5,580,000.00 56,336.00 34,900.00 13,312.00 5,520.00 1,180.00 98,828.00 4,400.00 5,794,476.00 FEES COLLECTED 39,448.70 5.00 30.00 363.50 1,620.00 390.00 1,100.00 5,296.05 147.00 97.50 70.00 140.00 2,300.00 212.00 300.00 265.00 10.00 660.00 352.00 30.00 $52,836.75 BUILDING PERMITS 53 Residential 2 Additions 4 Garages 2 Pole Buildings 2 Sheds 4 Structural Changes 29 Porches/Decks 2 Re-Roof 98 JULY 1994 REPORT August 2, 1994 Page rwo Total Building Dep3.rtment Income--'July Total Building Department Income--YTD Total valuation--July 1994 Total Valuation--YTD 1994 Total Number of Houses YTD (1994) - 258 Total Number of Houses YTD (1993) - 323 DA/jp 1994 1994 $ $ $ $ 52,836.75 261,604.11 5,794,476.00 27,592,499.00 " TKDA TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS. ARCHITECTS. PLANNERS 1500 PIPER JAFFRAY PlAZA 444 CEDAR STREET SAINT PAUL MINNESOTA55101-2140 PHONE:6121202-4400 FAX:6121202-0083 August 3, 1994 Honorable Mayor and City Council ilndover,MUrunesota nECEIl'ED AUG 4 1994 CITY OF ANDOVER Re: ilndover, MUrunesota Commission No. 9140-940 Dear Mayor and Council: The following is confmnation of engineering matters discussed at the Regular City Council held Tuesday, August 2,1994: 1. Consent Agenda The Council, by single motion, approved agenda items as follows: A. Project 94-9, Fox Woods, Commission No. 10674 The Council approved the fmal plat of Fox Woods. The Council approved the plans and specifications for the construction of Utilities and Streets within Fox Woods. The bids will be opened at 10:00 AM, August 31,1994. B. Project 93-12, Hills of Bunker Lake 5th Addition, Commission No. 10483 The Council received the legal dedication for an easement to extend utilities north in Quince Street to the future plat of Crown Pointe East. C. Project 94-11, Andover Center, Commission No. 10680 The Council approved Change Order No.2 to Project 93-12 for construction of sanitary sewer service to Project 94-11. Unit prices for Project 93-12 will be used. D. Project 94-6, Hartfiel's Estates, Commission No. 10640 The Council, by resolution, approved plans and specifications and set the date for bid opening for 10:00 AM, August 31, 1994. Honorable Mayor and City Council J\ndover,MUrunesota August 3, 1994 Page Two 2. Project 94-18, Section 22, Trunk Sewer and Trunk Watermain, Commission No. 10725 Mr. Fursman presented a fmancing program for extension of trunk sewer and water facilities to the proposed Middle School Site. Mr. Davidson did review the feasibility report dated June 30,1994. Council Action: The Council action, by consensus, was as follows: A. Assess in accordance with City policy. B. Finance with TIF Funds. C. Authorize staff to negotiate with School Administration Staff. 3. Project 94-7, Sharon's 2nd Addition, Commission No. 10672 The Council approved the plans and specifications and authorized advertisement for bids to be opened at 10;00 AM, August 31, 1994. A condition of approval included the installation of a sump pump in the Pond C bypass within Hills of Bunker Lake 3rd Addition. It shall be a separate issue, as an alternative bid, and authorized only with Council approval. 4. Project 94-22, Crown Pointe East, Commission No. 10676 The Council received a petition for preparation of a feasibility report to extend utilities, streets and appurtenances to the project subject to an approved preliminary plat. The Engineer was excused at approximately 10:30 PM. Sincerely yours, JLD:j PROFESSIONAL ASSOCIATION Q(., ~~\to.q~ RECEHlED AUG 8 1994 CITY OF ANDOVER ~ HOFF, BARRY & KUDERER GEORGE C. lion' THOMAS G. BARRY, JR. PATRICIA E. KUDERER DAVID R. KRACUM PAULA A. CALLIES PETER M. SCHAUB CRAIG J. IIABERLACK+ SCOTT J. RIGGS " i August 3, 1994 TELEPHONE (612) 941.9220 1-800-989-9220 FAX (612) 941-7968 *ALSO ADMITtm) IN WISCQUIN + ALSO '" UC2N$I!D CPA Mr. Richard Fursman City Administrator City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304-2612 RE: Steinke v. City of Andover. et al Our File No. 2266-030 Supreme Court File No. C3-93-865 Dear Mr. Fursman: Enclosed please find a copy of the Supreme Court Calendar for September of 1994. Oral argument before the Minnesota Supreme Court regarding the above-referenced case will be held on Monday, September 12, 1994, at 9:00 a.m. You do not need to attend, however, if you would like to come, you are certainly free to do so. If you, or any other City representative, plan on attending the oral argument, please let me know. S~7elY, I !&L--.- Z / -~ f Patricia E. KUdet HOFF, BARRY & KUDERER, P.A. PEK:baj Enclosure 0:\ WPDA TA 12266-030\CLIE4803.L TR 7901 FLYING CLOUD DRIVE, #260.EDEN PRAIRIE, MINNESOTA 55344-7914 RED WING OmCE0608 MAIN S\'REEToREo WING, M1NNESafA 550660(612) 388-3867 ~m REALTOR@ 1993.;4 OFFICERS President Gary Robartson President Elect Gerry Holies SecretaryfTreasurer Dick Hinkle IMMEDIATE PAST PRESIDENT Diane Smith 1993-;4 DIRECTORS Sharon Allen Mel Beaudry Dolores Chouinard Ron Colbert Shelly Holmes Steve Kelley Robert Ullman Susan Sundahl Mark Urlsta AFFILIATE DIRECTOR Rick Klndsath N.A.R. DIRECTOR Jarry R. Teeson M.A.R. REGIONAL VICE PRESIDENT Rita Cech M.A.R. DIRECTORS Dean Gasser Jeff Johnson EXECUTIVE VICE PRESIDENT Bet1yAnn D. Croteau G:r 100.... MOUSING OP,"OIltTUMIT" COMMITTEE CHAIRS Affiliata Advisory Rick Klndseth Awards Tracay Douglas Ectucation Collaan Johnson Equal Opportunity Jay J. Jackson Finance Dick Hinkle Golf Jim Scholer Govammontal Affairs Mika Jungbauer Grievance Jerry Smith Mambar Sarvicas John Thorpa Multipla Usting Sarvica Jack McCarty Parsonnal Diana Smith Profassional Stanctarcts Cart Youngquist Public Ra/ations Mal Baaudry Scholarship Shally Holmas Stratagic Planning Rita Cech Toys For Joy Elisa Zajac CD ~-1(Q.q4 ANOKA COUNTY ASSOCIATION of REALTORS@ 11460 ROBINSON DRIVE NW, COON RAPIDS, MN 55433 (612) 757-7230, FAX (612) 757-7296 August 4. 1994 " .~.~ ;;_:~ 'C t 1 \/ ~: .:~. J\UG 1 11934 {'1"'';-\/ /"'\:- \'\1""' !J J I I' ! j. 1J r, \I f-: Q ~.i r r- j',' U 'J L ~ 'I Mr. Dave Carlberg, City Planner City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55303 Dear Mr. Carlberg: Enclosed is a recap of the real estate sales for single family home by community in Anoka County and the outlying communities of Elk River and Big Lake. This infonnation does not account for sales ofnon-REALTORS@. The figures, which reflect activities for the first half of 1994 compared to the first half of 1993, are gathered from the Regional Multiple Listing Service of Minnesota. Although the volume of sales for the first six months of 1994 are less than the sales for the same period in 1993, the median sold price is higher than the 1993 figure. The increase in the median sold price is fairly consistent in value with the figure for the entire metro area's median sold price. Please distribute all the infonnation to your Mayor, Council Members, City Staff, and other parties you feel would be interested in this type of infonnation. Feel free to reprint any infonnation in your community newsletters or other publications. Ifwe can assist you with other housing statistics or more detailed infonnation, please feel free to contact me. Sincerely, () E~ ~>e-- ~;~n M. Gage- 0 Director of Public Affairs Enclosure REALTOR' - is a ragistered mark which idantifias a profassiona' In raat astata who subscribes to a strict Coda of Ethics as a mambar of tha NATIONAL ASSOCIATION OF REALTORS'. , 1994 ANOKA COUNTY HOME SALES Comparison: January-June 1993 to January-June 1994 Current Activity: Single Family Homes " Prepared by: The Anoka County Association of REALTORS@ Jean M. Gage, Director of Public Affairs This sales recap shows a comparison between First Half Year activity for both 1993 and 1994. The infonnation is updated monthly, and is provided to you as a service of the Anoka County Association of REALTORS@. Median Median Unit Sales Unit Sales Sold Price Sold Price Average Jan-June 93 Jan-June 94 thru June 93 t/It.u June 94 Sale Price 94 Andover 254 186 106.142 110.650 120.606 Anoka 98 85 82.900 83.900 85.510 Bethel. East Bethel 89 50 87.900 92.500 92.360 Blaine 289 185 91.000 96.200 102.780 Centerville. Lino Lakes 157 135 109.582 117.900 130.273 Circle Pines. Lexington 47 44 86.900 89.450 105.754 Columbia Heights. Hilltop 110 87 73.000 74.500 75.324 Columbus Township. Linwood Township 66 41 97.250 94 600 98.484 Coon Rapids 468 349 92.900 94.000 100.805 Fridley 90 108 87.000 89.000 94.031 Ham Lake 61 70 98.000 112.250 118.253 Ramsey 146 134 97.800 105.670 118.488 St. Francis. Oak Grove. Bums Twnsp 64 63 93.450 99.500 102.784 Spring Lake Park 91 30 84.900 85.000 89 985 - . Anoka Countv 2.030 ~ .-r'r' fJl.95C 94.100 101.531 ~:...JII' Elk River 130 103 97.650 98.000 106.444 Big Lake 63 52 76.500 85.900 97.641 Metro Area 16.665 16.521 99,900 103.000 121.164 This information was gatheredfrom the Regional Monthly Sold Book, First Half 1994, of the Multiple Listing Service of Minnesota. This information outlines the activities ofREALTORS@within the metropolitan area, and does not account for sales by non-REALTORS@, The Anoka County Association of REALTORS@ is "The Voice for Real Estate" representing over 1,100 members involved in all aspects of the real estate industry. ACAR is the northern metropolitans largest trade and professional association, representing members in Anoka and Sherburne Counties. Star Tribune/Saturday/June 25/1994 . .11A . Court/ Ruling says city didn't justify requirements Justices support property rights Governmental powers curbed Continued from page 1..\ tionalitv" between the requirement and the' particular harm posed by the development, such as increased traf- fic or a heightened danger of flood- ing. The majority then applied that test to reject an Oregon city's requirement that the owner of a plumbing supply store. situated within a flood plain, must make 10 percent of her land available for a drainage area, bicycle path and green space as a condition for approval to double the size of her store and paw the parking lot. New York Times ''''ashington, D.C. In a substantial victorv for advocates of private property rights, the Su- preme Court on Friday placed new limits on the ability of governments to require developers to set aside part of their property for environmental or other public uses. Reversing a decision by the Supreme Court of Oregon, the majority found that Ti~ard. a suburb of Portland, had not justified the requirements with adequate precision. Tigard will have a chance to meet the majority's standard in further proceedings in the state courts. The 5-4 decision. with a majority opinion by Chief Justice William Rehnquist, reflected a fundamental ideological division on a court where curbing government land-use author- ity has long been a priority of the ,;onservative justices. The decision did not cast doubt on the court's precedents upholding lo- cal governments' general zoning au- thority. Aside from the "rough-proportionali- ty" standard itself. which earlier Su- preme Court decisions had suggested. the most important part of the decI- sion lay in the court's directions for applying the new test. The justices gave the city the burden of justifying its restrictions, a distinct and unexpected shift from current law, under which the landowner seeking to challenge a land-use re- striction has the burden of proving that the regulation would remove all or substantially all economic value from the property. Justice John Paul Stevens. in a strongly worded dissenting opinion, said the court had "stumbled badly" in placing new constitutional hurdles in the path of land-use regulation. Restrictions such as Tigard's were simply "a species of business regula- tion that heretofore warranted a strong presumption of constitutional validity," Stevens said. Rehnquist's opinion was joined by Justices Sandra Day O'Connor, An- thony Kennedy, Antonin Scalia and Clarence Thomas. Justices Harry Blackmun and Ruth Bader Ginsburg signed the dissenting opinion by Ste- vens; Justice David Souter filed a separate dissenting opinion. The case, Dolan vs. city of Tigard, The court held that requiring a public easement as a condition of permis- sion to build or expand is an uncon- stitutional "taking" unless the gov- ernment can show a "rough propor- Court continued on page 11A " represented without charge in her constitutional challenge by Orego- nians in Action, a property rights organization. Some environmentalists said govern- ments should be able to meet the court's standard for proving a need to regulate the use of private land. "The good news is the court's explicit recognition that land use can and should be regulated," said John Eche- verria ofthe""ational Wildlife Feder- ation. In other decisions Friday, the court: a Said that juries cannot haw the last word on punitive damages and that states must make some form of judicial review available. The imme- diate effect of the 7-2 decision was limited. because among the 50 states and the federal government, only Or- egon provides no judicial rev'iew of the size of a jury's damage award. . Ruled 7-2 in a Mississippi case that a federal criminal defendant who seeks acquittal by reason of ir.sanity does not have a right to have the jury instructed that if found to be insane he will be committed to a mental hospital and not freed until he is no longer dangerous. . Ruled 5-4 that the police are not obliged to stop questioning a suspect who makes an ambiguous request to have a lawyer present. The law is clear; in cases following the court's 1966 landmark decision, Miranda vs. Arizona, the police must stop ques- tioning suspects who invoke their right to counsel. But lower courts have been divided about what hap- pens when the request for counsel is less than clear. The court handed down seven deci- sions Friday, leaving nine cases un- decided as the justices push to con- clude the 1993-94 term sometime next week. Among the remaining cases are several of the most impor- tant of the term: the validity of an injunction curbing protests against abortion at a Florida abortion clinic; the constitutionality of a New York City public school district created for the benefit of a Jewish sect, the Sat- mar Hasidim; the constitutionality of a federal law that requires cable tele- vision systems to transmit the signals of local broadcast ~'~tions and two L a 7 0, CI Cl /l'. II Ie h ( P a t, ~ ! r r ~ . f~ C0 g-I(OLJ4 VOLUNTEER FIRE DEPARTMENT '~~"A' THE MONTHLY BUSINESS MEETING '~JT~ JUNE 22ND, 1994~~1/ . (, f'lJ ~"()J,). -.' jI;--' ANDOVER MINUTES OF The The The and meeting was called to order at 19:00 by Chief Dale Mashuga. pledge of allegiance was said and roll call was taken. minutes of the May 25th, 1994 Monthly Business Meeting were accepted as written. voted on FIRE MARSHAL - J. Noyes SuperAmerica permits & plans are complete. Working on McDonalds, Spur, and Constance Free Church. Working on junk yard inspections. OFFICER'S REPORTS Total Calls (THRU 6/21) TOTAL YEAR 1994 = 261 1993 = 194 554 (EST) 464 1992 = 216 478 COMMITTEE REPORTS STAFF RESOURCE - T. Miller Discussed and voted on Jeff Larson for Active Membership. 20 for, 0 against, and 1 abstention. Active Membership now stands at 42. Testing to be held on 6/23 for 2 recruits (days at Station I). Pictures of new Probationary Members are to be posted at each station. TRAINING - P. Gengler Paul does not have the time to continue as Training Officer. Would like someone else to take over. Copies of training certificates are to be given to Training. Dixie will enter all certificates into the computer before they are filed. PUBLIC ED - J. Noyes . Joyce needs to know when groups go through the Station(s)., MAINTENANCE - M. Winczewski (absent) G1 - Oil leak. City mechanic needs to be notified. A5 - Check engine light. Needs to be taken in. SAFETY - D. Reitan (absent) / . No report. HAZMAT - S. Berhow . Refresher class for Technicians in July. STATION MAINTENANCE - M. Neuschwander (absent) . No report. UNIFORMS/RADIO/SPECIAL PURCHASES - T. Johnson / T. May Order form on the bulletin board for shirts etc. . Getting prices for radio/pagers for 1995 budget. r ANDOVER VOLUNTEER FIRE DEPARTMENT MINUTES OF THE MONTHLY BUSINESS MEETING JUNE 22ND, 1994 COMMITTEE REPORTS ( continued) Page 2 STATION MAINTENANCE - M. Neuschwander (absent) . No report. FUND RAISING - J. Koltes (absent) . No report. SMALL EOUIPMENT/SCBA - T. Johnson Completed the monthly check of SCBA's. Replaced 1 PASS (not working). AD HOC COMMITTEE REPORTS ENGINE 6 REFURB - M. Neuschwander (absent) . Specs are complete. To be mailed on 6/23. Bid opening on 7/19. To be presented to the City Council on 8/2. ISO - B. Peach (absent) / D. Szyplinski (absent) . No report. STATION RESPONSE - T. Howe . Nothing to report. CHIEF'S REPORT - Dale Mashuga/Dave Reitan (absent) Uniforms are to be worn to Business Meetings ! Preparing to order turnout gear. See your Officers if you feel you need a new set. Family of Christ installed Lock Box. 1995 Budget is in process. Received a $2,000 donation to go to the Relief Association from Gary Gorham for burning the two houses and out buildings on Andover Blvd. OLD BUSINESS . None NEW BUSINESS J. Bergeron made a motion (seconded by T. Howe) that from Memorial Day to Labor Day the uniform requirement at Business Meetings be withdrawn. Motion was discussed and withdrawn by Jeff. A motion for adjournment was made and seconded. The meeting was adjourned at 20:20. Respectfully Submitted, 61~tarY ~ ~r"-~ 0 j/ - c;j !..;l~ lJ.'~". ()--t&., '.1.__ .'r~~"" '.'~rf.;c-~? .-. ..tl.u..c...."tW'.;1. 11...:'-'... :lr' )0 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Dave Carlberg - City Planner File Frank Stone - Superintendent of Public Works Dept. August 11, 1994 Boulevard Encroachment Ordinance Reasons that trees should not be in the boulevards: - Root damage to streets, curbs and resident's sanitary sewer line: Small hair roots work their way into sanitary sewer services and they plug the line. Also, as they grow larger, they break pipes. The cleaning and repair work cost residents a lot of money. - They will be in the way of utility lines, sidewalks, snow storage, etc. - For safety reasons: They block sight distance at street intersections of vehicles backing out of driveways, children darting out after balls, etc. - Small and large rocks used in landscaping along boulevards cause problems when winging back snow, they either damage equipment or fly into the resident's yard. Timbers, railroad ties and other items placed in the boulevard by residents cause the same problems. Items placed in the boulevard by the City or Utility Departments are designed with break-away construction (Le. light posts, hydrants, sign posts, etc.), and are not a threat to our employees. All mail box posts are not to exceed a 4x4- wood post. Wood products larger than the specified size MUST have a grove cut to 4x4- for break-away ability. Fixed items in the boulevard without break-aways for safety measures, WILL COME BACK TO HAUNT US. If you look at the streets in seven year or older neighborhoods, the trees have branched out into the boulevards but do not interfere with any of the above items. If we allow trees in the boulevards, sooner or later the tree trimming budget will become a very large budget item. ., CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auaust 16. 1qq4 AGENDA t..o SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM t..o Transportation Study Results Planning ~ David L. Carlberg Planning Director BY: Attached for Council review is a report from BRW, Inc. on the Anoka County Transportation plan update Traffic Forecasts. please note the results and conclusions of the study on pages 11 & 12 of the report. BRW, Inc. has concluded that the level of service (LOS) that existed in 1990 and that will exist in the year 2005 and 2015 will exist regardless of the MUSA expanding in Andover and Ramsey. The report has been submitted to the Metropolitan Council and Staff is awaiting a response at this time. MOTION BY: SECOND BY: , IIIKBI ). B R W INC. Planning Transportation Engineering Urban Design 1bresher Square 700 "!bird Street So. Minneapolis. MN 55415 612/370-0700 Fax 612/370-1378 Denver Milwaukee Minneapolis Orlando Phoenix Portland San Diego Seattle Memorandum DATE: August 8, 1994 TO: Carl Ohm, Metropolitan Council Jon Olson, Anoka County FROM: Stephanie Eiler, BRW Daniel Meyers, BRW RE: Anoka County Transportation Plan Update Traffic Forecasts Introduction The forecast traffic volumes for the Anoka County Transportation Plan update were developed to provide data needed to document and analyze the expected impact of an expansion of the Metropolitan Urbanized Service Area (MUSA). Selected areas of the street system in Anoka County are likely to be affected by additional vehicle traffic associated with planned and future development within the Cities of Andover and Ramsey. The traffic forecasts will be used in: 1) conducting capacity analyses on affected screenline roadways. 2) determining where capacity deficiencies exist on the roadway system. 3) mitigating capacity deficiencies by improving roadways that are over capacity. A total of nine traffic forecasts were developed: 1) Year 1990 Existing average daily traffic (ADT) modeled volumes using 1990 Existing roadway geometries. 2) Year 2005 Base Case ADT modeled volumes using 2005 Existing plus Committed (E+C) roadway improvements. 3) Year 2005 Base Case ADT modeled volumes using 2005 Existing plus Committed plus Planned (E+C+P) roadway improvements. 4) Year 2005 Expanded MUSA ADT modeled volumes using 2005 E+C roadway improvements. 5) Year 2005 Expanded MUSA ADT modeled volumes using 2005 E+C+P roadway improvements. r Mr. Carl Ohm Mr. Jon Olson August 8, 1994 Page 2 6) Year 2015 Base Case ADT modeled volumes using 2015 E+C roadway improvements. 7) Year 2015 Base Case ADT modeled volumes using 2015 E+C+P roadway improvements. 8) Year 2015 Expanded MUSA ADT modeled volumes using 2015 E+C roadway improvements. 9) Year 2015 Expanded MUSA ADT modeled volumes using 2015 E+C+P roadway improvements. Forecast Methodology, Network Development, and Trip Table Development The traffic forecasts were developed using the Metropolitan Council regional travel model that operates on the transportation planning software, TRANPLAN. Base networks and base trip tables were forwarded by the Metropolitan Council to BRW, Inc. The regional travel model assumes growth (in population, households, and employment) for all cities and towns within Anoka County as well as in the metropolitan area. Therefore, growth is assumed not only in Andover and Ramsey but in adjacent communities. The base networks and base trip tables were: 1) Year 1990 existing network and trip table. Actual ground counts by link were also included in the network file. The ground count data was used to adjust the forecast model volumes. 2) Year 2005 trip table and Year 2000 base network. The Year 2000 network file was updated to include all Year 2005 E+C roadway improvements to the street system in Anoka County. The Year 2005 trip table file contained vehicle trips projected using land use forecasts provided by the Metropolitan Council. Mr. Carl Ohm Mr. Jon Olson. August 8, 1994 Page 3 3) Year 2015 base network and trip table. The network file contained all E+C roadway improvements to the street system in Anoka County. The roadway improvements were checked for accuracy with staff from Anoka County. The trip table file contained vehicle trips forecast using land use forecasts provided by the Metropolitan Council. Additional Year 2005 and Year 2015 networks were developed for the E+C+P roadway improvements with help from Anoka County and Cities of Andover and Ramsey staff. Expanded MUSA trip tables were developed for the Year 2005 and Year 2015 with input from staff at the Cities of Andover and Ramsey. Planning staff at Andover and Ramsey identified areas outside the current MUSA line where potential future housing developments would occur, and the number of houses that would potentially be built within those areas. The specified geographic areas were converted to the traffic analysis zone (TAZ) level. A fratar model was used to increase vehicle trips from and to those T AZs where additional housing would potentially be constructed within Andover and Ramsey. The increases in vehicle trips were applied to calculate the Year 2005 and Year 2015 Expanded MUSA trip tables. After discussions with Anoka County, Andover and Ramsey staff, it was assumed that by the Year 2005 the expanded MUSA area would be filled with the additional housing units listed below. Therefore, the Year 2005 Expanded MUSA trip table is the full growth scenario (or most conservative) and not a phased development scenario. Vehicle trips in TAZs 27 and 28 within the City of Andover were increased using the above methodology. The increases in the number of households (HH) are as follows: TAZ Base HH MUSA HH 27 28 2,750 2~00 3,886 3,635 Mr. Carl Ohm Mr. Jon Olson August 8, 1994 Page 4 " Similarly, vehicle trips in TAZs 37, 39, 45, 46, and 48 within the City of Ramsey were increased using the above methodology. The increases in the number of households (l-ili) are as follows: Base MUSA TAZ HH HH 37 450 582 39 661 787 45 417 484 46 1,017 1,234 48 367 491 Trip Generation The number of daily trip origins and destinations within the study zones for the five trip table scenarios were compared as a "reasonability" check on link assignments. The percentage increases presented below reflect changes from regional trip generation data. Study area zones include 26 through 30 and 35 through 48. The results of this analysis are shown below: · Year 1990 Modeled Existing - 96,581 vehicle trips. . Year 2005 Base Case - 151,650 vehicle trips, a 57.0 percent increase from the base year of 1990. · Year 2005 Expanded MUSA line - 169,323 vehicle trips, a 75.3 percent increase from the base year of 1990 and an 11.7 percent increase from the Year 2005 Base Case scenario. . Year 2015 Base Case - 191,086 vehicle trips, a 97.8 percent increase from the base year of 1990. . Year 2015 Expanded MUSA line - 217,668 vehicle trips, a 125.4 percent increase from the base year of 1990 and a 13.9 percent increase from the Year 2015 Base Case scenario. I. Mr. Carl Ohm Mr. Jon Olson August 8, 1994 Page 5 " Existing, Year 2005, and Year 2015 Traffic Forecasts Daily traffic forecasts were completed using the above mentioned methodology, networks, trip tables for the nine scenarios listed above. Table 1 shows the average daily traffic volumes by screenline for the nine modeled scenarios and the 1990 actual ground counts. The screenline count volumes reported include the following and are shown in Figure 1. . Screenlines North of Main Street between TH 169 and Lexington Avenue 1) TH 169 2) TH 47 3) 7th Avenue 4) Round Lake Boulevard 5) TH 10/47 6) Coon Creek Boulevard 7) Hanson Boulevard 8) TH 65 9) Radisson Road 10) Lexington Avenue . Screenlines North of TH 610 11) Coon Rapids Boulevard 12) TH 10/47 13) Foley Boulevard . Screenlines North of 1-694 between the Mississippi River and the Anoka County Line 14) East River Road 15) TH 47 16) TH 65 . Screenlines North of 1-694 between the east edge of Hennepin County and 1-35W 17) TH 252 18) 1-35W J TABLE I YEAR llI'O,1oo!. AND 101! A VERACE DAILY TRAFFle (AD1) _ Screen.llna North ot ~lIiJ1 Stnd between TH 1" and lAdnctoQ AYenu. YEAR 2(XJ~ YEAR :!ll!3i E.c' I E.c I E.c.P 00 I E.c.P E.c . I E.c I E.c+P 001 E.c.P Ye:Jt 1990 Bue Case Exp. MUSA Base Case I Exp. MUSA Bue C.uc Exp. MUSA Base Cue Exp. MUSA SCftenline Roadw:rv ACT AOT . AOT AOT ACT AOT ACT. ACT AOT I I ,..6211 I I 36.0091 TH 1119 t6.ooo 29.2101 ~9.5891 '!9.~98 37.SJO: J5.(,()41 36.11' TH.7 1'2..soo 13.3001 13."0 i 18.3991 1B.iSJ8 ,.....1 1B.3..1 20.2.&81 20.248 7th Avenue :ro.OOO 20.71501 21.9B01 11.8801 n.2S0 11.08-11 23.l507l 21.1941 :1.704 , 13.9<\01 14.,.,1 ,..82.1 1!.547 1 .......1 Round LaJc:e Blvd. 7.700 13.7B7 I 101..&'201 16.1134 TH 10147 ".000 63.2.51 62.720 1 62.6501 62.62' 116.8861 67.147 ! ".1195! 6HB' 13.1351 I 13.185! 1 16.1551 ".82' ! Coon Cfftk Blvd. 1.14' 13.5851 ".155 104.8-$51 17.3B5 IB.5Bol 19.mol I 20."",1 21.0SOI 19.21501 H:uuOll Blvd. turn 1lI.6101 19.370 11.350 TH" m.~ 010.81501 42.0401 010.,,01 41.090 46..l601 47.2301 45.9201 46.910 Radi.uon Road 2.900 !.2001 ,.2201 4.6001 .&.580 6.8ml 7.6201 !.7I01 6.020 Lexin,ron Avenue 6.100 ,.94,1 10.1201 i 10.090 11.030\ 11=1 11.0101 11.270 ..7801 YEAR 1990.1OO!. AND 10" AVERAGE DAILY TRAme (AD1) - Scnenlln.. Nortb oITH 610 YEAR 2005 YEAR 1015 E.c' I E.c I E.c.P 001 E.c.P E.c . I E.c I E.c.P 001 E.c.P Year 1990 Base Case Exp. MUS", Base Case Exp. MUSA Base Case Exp. MUSA Base Case Exp. MUSA Screenline Roadw:!., ACT AOT ACT AOT AOT AOT AOT ACT AOT 37.673 ! I 39.00,1 43.8.51 45.5571 49.8901 Coon Ratrids Blvd. 3:'.000 37.9891 010.690 51.090 I 71,{r.!2! I ~0.6261 I I TH to/47 ~O.lXXl 10.546 i .8.....' .8..85 19.5S7 ~ 15.32S! 15.93~ Foley Blvd. 16.500 19.6401 19.8-101 18.300 I t8.270 20.9141 21.459l 10.0931 19.108 , I YEAR 1990.1OOS. AND 1015 A VERACE OAlL Y TRAme (ADY) _ ScrftnJlna North or 1194 Mtwftft the Mississippi River and the Count}' Line YEAR 2lX1S YEAR 201' E+C. I E+C I E...c...P... E+C.P E.c . 1 E.c I E.c+P ..\ E.c.P Year 1990 Base Ca.sc I Exp. MUSA ~ Base ~ I Exp. ~USA Base Case Exp. ~USA Base Case Exp. MUSA Screenline Roadw:rv AOT AOT AOT I AOT ADT AOT I AOT AOT ADT , , I I 29.%01 1 E:I3t River R03d 23.000 26.3301 26AQO; 27.S40 : 28.0(,0 29.030' 28.270, 26.760 i 32.7.u) 1 I , , I , TH"' 3L000 32.SS01 31.630, 31.680 3J.370 32.C).1O' 3HI5O 35.990 THM 34.000 38.ml 38.6201 37.0901 3'.890 3'.300 1 39..l()()! 3ll.3101 38.3150 I I 1 I I YEAR 1990.1005. A:-ID 1015 A VERAGE DAlLY TRAme (AOTI _ ScrHnllna North or 1-694 bttwnn ttM Mississippi River and I~JSW YEAR 11X)5 YEAR 201' E.c' I E.c I E.c.P 00 I E.c.P E.c . I E.c I E.c.P 00 I E.c.P Year 1990 Ba.sc Case I Exp. ~USA Base CJ.se , Exp. MliSA Base Case Exp. MUSA , Bue Case Exp. MUSA Screen line Rnoow3Y ACT AOT I AOT ADT; ADT ADT I ADT I AOT ! AOT : J9.390 ! , I 50'1201 TH2n 47.500 4Q.2501 49.JM' 49AiO 50.~:!0' 51.850: 51.0'20 I I 1 104.5201 1-3'W 86.000 98.460 I 98.7501 96.7001 ".880 105.5801 10,.9701 104.760 I I YEAR 19'JO.1OO!.AND :015 A VERACE DAILY TRAme (AD1) - $crtenllna at Mlssb.sippi River brtdca YEAR:!lX" YEAR :!UI' E+C . E...c l E+c+pn 1 E+C..P E.c . I E+C I E...c+P.. I E...c...P Ye:wI990 B~ Case ! Exp. MliSA : Base Case : Exp. MUSA Base Case t Exp. MUS,.\, I Base Case Exp. MUSA Screenline Roadway AOT AOT : AOT . AOT I AOT AOT ! ADT ; ADT i AOT . : , I nf 169 8rid~ ~2.~on J.I.A5fi 35.215 ~fi.~5 ~fi.til.l JO.'fl0 .11.335; 4.1.41': ......79' 6-UXX)! , I I rn 6111 Bridle 46.mO 64.JIX) 1 62.991): 63.07tl 70.0:0 71.6901 .8.1301 ".130 I . E + C. Existin. + C\.MI\I!\itted RI'lIilf.lw:;ay Impn.lYcments .. E + C + p. ExistinC. C~)mmilled + PlannecJ R~way hnprovements Source: MttropoUc..n Council.net BRW.Inc:~ """..... C.\TDl~T'\DS.WI>I ~ ..' ~ ~~ \~Y, < ~]K~ ~ ::~::..' 13 "'I'~1~:;1~~ . ~~cm~-~: ~~1?;':;,'~~~. ~ ,".r~'''~~(ir~t ~ 53: ~~, Jj . ~ :.: cc.:~3 "'~:Jjt ".",..X .;'~~ ~~:J @'7 ~ ~ IJ.:1 .. ." ~:\".....:", ,i@)......u... ....1' ~ k?'~'" ~\ ..iU~ ~~~ .. 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CI:oe Q);a; .SCl>~ cUi CI>CI>CI> CD::l-C .... 0"- (JCI>>- 00.....0 J ,.Mr. Carl Ohm , Mr. Jon Olson August 8, 1994 Page 8 · Screenlines at the Mississippi River bridges 19) TH 169 Bridge 20) TH 610 Bridge In order to reflect the future traffic volumes in the study area more realistically, the plus or minus difference between the 1990 ground and 1990 modeled volumes were used to adjust the Year 2015 modeled volumes. In most cases, as can be seen in Table 1, the 1990 ground and 1990 modeled volumes are similar. A final adjustment was made to Year 2005 and Year 2015 traffic volumes crossing the TH 169 bridge. Original modeled volumes reflected a number of vehicles that could not be accommodated by the existing or the future design of the TH 169 bridge. This problem is a common occurrence in modeling where many roadways come together at one or two points for a bridge crossing. The adjustment was made by completing a select link analysis on the TH 169 bridge and redistributing traffic based on the results of that analysis. The analysis showed that 33 percent of traffic on the TH 169 bridge could be redistributed, to either the TH 101 bridge to the northwest or the TH 610 bridge to the southeast. Of that 33 percent, 61 percent are projected to use the TH 610 bridge, and the remaining 39 percent are projected to use the TH 101 bridge. Finally, traffic volumes from the TH 169 bridge were added or subtracted on affected roadways. The results of the redistribution of TH 169 bridge traffic volumes present a more realistic view of travel behavior within the study area. Development of PM Design Hour Directional Traffic Volumes Historical traffic volume data from Anoka County and the Minnesota Department of Transportation was used in developing PM design hour directional volumes at the above-listed screenline locations. The factors used for calculating ADT volumes to PM design hour directional volumes are listed below. 1) TH 169 - 15.2% design hour factor (DHF), 65% westbound - 35% eastbound 2) TH 47 - 9.77% DHF, 30% southbound - 70% northbound 3) 7th Avenue - 8.66% DHF, 55% southbound - 45% northbound ~ " I Mr. Carl Ohm Mr. Jon Olson August 8, 1994 Page 9 4) Round Lake Boulevard - 9.82% DHF, 46% southbound - 54% northbound 5) TH 10/47 - 15.2% DHF, 60% westbound - 40% eastbound 6) Coon Creek Boulevard - 11.81% DHF, 31% southbound - 69% northbound 7) Hanson Boulevard - 9.97% DHF, 32% southbound - 68% northbound 8) TH 65 - 10.10% DHF, 40% southbound - 60% northbound 9) Radisson Road - 11.5% DHF, 35% southbound - 65% northbound 10) Lexington Avenue - 10.2% DHF,40% southbound - 60% northbound 11) Coon Rapids Boulevard - 10.5% DHF, 40% southbound - 60% northbound 12) TH 10/47 -10% DHF, 40% southbound - 60% northbound 13) Foley Boulevard - 11% DHF, 30% southbound - 70% northbound 14) East River Road - 11.5% DHF, 20% southbound - 80% northbound 15) TH 47 - 9.5% DHF, 40% southbound - 60% northbound 16) TH 65 -10.7% DHF, 45% southbound - 55% northbound 17) TH 252 - 11.7% DHF, 35% southbound - 65% northbound 18) 1-35W - 8.5% DHF, 40% southbound - 60% northbound 19) TH 169 Bridge - 9.65% DHF, 40% southbound - 60% northbound 20) TH 610 Bridge - 13.6% DHF, 40% southbound - 60% northbound Existing, Year 2005, and Year 2015 Capacity Analysis A capacity analysis was completed for the screenline roadway locations for the existing conditions, the four Year 2005 modeled conditions, and the four Year 2015 modeled conditions. Table 2 displays the level of service at each screenline roadway location. The level of service was calculated using methodologies documented in the 1985 Highway Capacity Manual and Highway Capacity Software. Vehide Miles Travelled The number of daily vehicle miles travelled (VMT) at the screenline roadway locations are given below. . 1990 Existing = 565,445 VMT . 2005 Base Case E+C = 696,992 VMT, 23% increase from 1990 Existing J TABU,Z Yt:AR 1m, 1005. ASO %015 DESIGN HOUR LEVEL OF SERVICE (DH-LOS) _ $crnnJlMS Nonh or MAJ. Sired bdwft. TH 169.Dd udnll" AYCDUe YEAR 2001 YEAR ~Olji E+C' I E+C E+C+P 001 E+C+P E+C' I E+C I E+C+P 001 E+C+P Year 1990 Base ~ Exp. MUS" I Base Ox Exp. MUS" Due Cuc: Exp. MUSA Su-. Case Exp. MUSA ~nline Rn3dw2Y OH-LOS OH-LOS ! OH-tOS I OH-LOS I OH-LOS OH-LOS I OH-LOS I OH-LOS OH-tOS TH Ifi9 C 0 i 0 I 0 I 0 F I F I F I F , I I I i I i TH47 0 0 I 0 0 0 E E E E 7th Avenue B B I B I B I B B I B I B I B I I I I I I Roond Ute Blvd. A A A A A A A I A , A TH10I.i7 E E I E I E I E F I F I F I F I I , I I I Coon. Creek Blvd. 0 0 0 0 I 0 E E E E H:ln~on Blvd. 0 0 I 0 I 0 I 0 E i E i E I E THO, B C I C I C I C C C ~rr~1~'f;.;. R:xiluon Road B C I C I C I C 0 I 0 I C I C Luinpm Avenue C 0 I 0 I D j D D I D I D I D YEAR 199O,:z005. AND :t01! DESIGN HOIlR LEVEL 0' SERVICE (DH.LOS) - ScreeaUHI Nortb otTH 610 YEAR :!OO:S YEAR 101ji E+C . I E+C I E+C+P 00 I E+C+P E+C . I E+C I E+C+P 00 I E+C+P Year 1990 Bue Cue Exp. MUSA Bue CuD Exp. MUS'" Bus ~ - Exp. MUSA Due Case Exp. MUSA SmenJine RMdw3" OH-LOS OH-LOS OH-LOS OH.LOS I OH-LOS OH-LOS ! OH-LOS OH.LOS' OH-LOS I I I r I , Coon R30ids Blvd. C C C C C 0 D 0 r D I I I I , i TH 10141 D 0 0 0 0 E E , E E Foley a,... D E I E I E I E E ! E I E I E YEAR 199O,:tOO!. AND :015 DESIGN HOIlR LEVEL OF SERVICE (DH.LOSl _ ScncnUaes North oll~M bdwfta the MlssIssfppi RI,.er and the CauDlJ lJDe YEAR 2005 YEAR 10lS e.c . I E+C I E+e+P.. I E...c.P E+C . l E+C 1 E...c+P uI E...c.P Base Case bp. MUSA Bue Case Exp. MUSA Yur 1990 DH-LOS OH-tOS OH-LOS I CH.LOS Base Case Exp. MUSA Base Case Exp. MUSA ~nl;neR~:I." CH.LOS OH-lOS I OH-lOS I OH-lOS OH.lOS ~ Ri~r Rnad 0 D I 0 I 0 I 0 E i E I E I E TH47 B 8 I B I B I B C ! C I C I C THi5.l C C I C I C I C C i C I C I C ; I YEAR 1990. 2005. AND:OU DESICN HOUR LEVEL OF SERVICE (DK.LOS) _ ScreeDllnel Nordl of 1-694 betwee. the MIsdSIIppl RJ\'tr and I..J$W YEAR 200' YEAR :01' E+C' I E+C I E+C+P "1 E+C+P E..c. i E...c I E...c+P"'.1 E...c.P Yeu 1990 Base Case Exp. MUS" Bue Case bp_ MUSA Base Ca.se i Exp. MUSA Base C:se Exp. MUSA Scretnline Roodway OH-lOS OH-tOS OH.LOS, OH-tOS CH-tOS OH-lOS ! OH-LOS OH-tOS' OH-LOS TH!ji2 E E I E I E i E E E I E I E I 1 I ! I I l.lSN C C C I C C D 0 0 0 I YEAR 1990, %005. AI"D :t01! DESIGN HOIlR LEVEL OF SERVICE (DH.LOS) _ ScreeaUoes at MissIssippi RJwer bridps YEAR 200' YEAR 20U E...c . I E...c I E...c+P "'.1 E..c+P E+C. E+C I E+C+P ..1 E..c+P Yeu 1990 Bue Cue Exp. MUSA BUI Case Ellp. MUSA Base ~ : bp. MUSA Base Case Ellp. MUSA Sc~tIline Rnadw3V OH-LOS OH-LOS OK-LOS OH-LOS OK-LOS OH.LOS OH.LOS OK-LOS OH-LOS I i I , ! I TH 169 Bridv~ 0 0 , D 0 0 E E F F i : I I I TH 610 Bridle C E E C I C E E I C C I I ! . E + C. EnuinC. CommiaN Roadway improvementS U E + C + P . boon. + Cummi~ + PbnnelJ Roaa1way ImprovementS . Norc: Level of Serve QkulOlltd asinl metbodo1ories doC'umcn&al in the 198j: HiSbway C.-:iEJ M~IW. I Jenou'J level 01 servieedecre:ue ~ Ye:&t20lj: B:ueCJ.seto Ya':QI' MUS" Expansion. ........ C.~an..m.""1 SouI'C'e: ~ldrOpoll~. Couadl. "DOIla Counly. MftIDOT..nd BRW.llac:. . ' I \. Mr. Carl Ohm Mr. Jon Olson August 8, 1994 Page 11 .' · 2005 Expanded MUSA E+C = 703,410 VMf, 24% increase from 1990 Existing and 1% increase from 2005 Base Case E+C · 2005 Base Case E+C+P = 697,670 VMf, 23% increase from 1990 Existing · 2005 Expanded MUSA E+C+P = 703,969 VMf, 25% increase from 1990 Existing and 2% increase from 2005 Base Case E+C+P · 2015 Base Case E+C = 770,642 VMf, 36% increase from 1990 Existing · 2015 Expanded MUSA E+C = 783,942 VMf, 39% increase from 1990 Existing and 3% increase from 2015 Base Case E+C · 2015 Base Case E+C+P = 772,248 VMf, 37% increase from 1990 Existing ... . 2015 Expanded MUSA E+C+P = 782,183 VMf, 38% increase from 1990 Existing and 1% increase from 2015 Base Case E+C+P Results and Conclusions The PM design hour volume level of service (LOS) analysis, as shown in Table 2, reveals the following: 1) Year 1990 existing conditions are primarily at LOS 0, with TH 10/47 near Main Street and TH 252 near 1-696 at LOS E. In a metropolitan area, LOS 0 is an acceptable level of operation. 2) Year 2005 forecast LOS for both scenarios and roadway improvements show that four screenline locations are operating at LOS E. This condition will exist regardless of the MUSA expansion. 3) Year 2015 forecast LOS for both scenarios and roadway improvements show that eight screenline locations are operating at LOS E and that three screenline locations are operating at LOS F. This condition will exist regardless of the MUSA expansion. .J ' . ~ Mr. Carl Ohm Mr. Jon Olson August 8, 1994 Page 12 " , 4) There is one screenline location where the LOS decreases from a C to a D from the 2015 Base Case to 2015 Expanded MUSA. However, as stated above, in a metropolitan area LOS D is considered an acceptable level of operation. cc: Dave Carlberg, City of Andover Jim Gromberg, City of Ramsey CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 16, 1994 AGENDA SECnON NO. ADD-ON ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. Requisition computer Request Richard Fursman, Administration BY: A personal computer system for the development of the newsletter is being requested at this time. The system presently housing the GIS system does not have the capacity to operate the word processing function and the GIS function. presently, the GIS system crashes every time the word processing or desk top publishing software is used due to overloading. This is causing significant loss of productivity for both functions. Council is being requested to authorize the purchase of an additional personal computer and laser printer for the purposes of producing the newsletter. The entire cost of the system including printer is $2,684 from PC Solutions. It was the lowest bid on three comparable solicitations. The money for the purchase of the equipment is recommended to come from the mapping fund. MOTION BY: SECOND BY: )(~~<:.,:" " \,jJ:' ~\.L } -...=-'.. ",'-~ . "".:c..__. ~--#-- '-~{~ . ~::' "'c.~c:-G';..;-- CITY of ANDOVER 1685 CROSSTOWN BOUL::VARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 May 25, 1993 Certified Todd & Glenda Amar 1469 NW 140th Lane Andover, MN 55304 Dear Mr. & Mrs. Amar: At the time your home was buiit, and during the final building inspection, we spoke with the builder about the two brick lantern posts on the public right-of-way. It was explained that they are not allowed to be there, and must be moved. We were assured that they would be; and therefore we gave a certificate of occupancy,' so as not to hold-up the closing. It has now been almost seven months since the September 30, 1992 final inspection, and our records indicate that these were to be movea within two weeks. You are hereby notified that you must have them moved off the boulevard within fourteen (14) days of this letter, after which time a follow-up insoection will be made to verify compliance with city Ordinance No. 95, which regulates boulevard encroachments, ( a copy of which is enclosed ). If you have any questions, please call 755-5100. L?~1:D/~ Barry Olson Code Enforcement Officer '.. \ . "I. " i: '~VJ';::-;r'~'.~"""',"~~~ .&"J ":;;" ff ~ :tj '.\ t! ~ 5 .l.. .;~ '. fJ " '" ~ ~," ~....,;s~~;;;P CITY of ANDOVER VARIlL~CE REQUEST FORM Property Address 1469. 140th Lane tl'W. Andover, MN 55304 Legal Descriptio~.ofP~6~erty: . (Fill in whichever is appropriate): . ~ - -'. . ,- ~~t'. ""10'.,..' - Bi;ck::> 1..'Additi'onHills' of Bunker Lake' 4th Addition Plat Parcel PIN (If metes and bounds, attach the legal) --------------------------------------------------------------------- Description of Request I wish to have a variance granted in an appeal to Andover City Ordinance No. 95 regarding 2 Brick lantern pillars which are situated at the sides Section of, Ordinance 95 Current Zoning ------------------------------------------------------------~-------- Name of Applicant Todd R. Amar 1469 140th Lnae NW, Address Home phone 755-7047 Business Phone 541'':0966 Signature J~~a~ Date tf.-/7- ~J . , --------------------------------------------------------------------- property Owner (Fee Owner). ,,(If, different from aboye). Address .p- ." -----P' _.P_"_._._ ........___.__..:-___.. ..-.'_'_'. . Business Phone Home' Phone S.ignature . . - . __" ..___._._.. _.__....______....____O.P.._ _.._ _._.._._._ . . ' ,. . Date.. - . ". . ... ----------~---------------------------------------------------------- . - ...;'~' . 'I., ~..; .:~:' .,.' {~~. (! :~... . .~~. .:.. i...' :~: i -:=:~t~; \ ../ ..'''' ..... ;'J-~'- .. ~, :. '.:' . . '. ...-:..... _ "',4.- ~ '::: 7-: -'._"~:; ::.:. ~. ::.:. _.._J.. . . - 1.0 additjon to._this: appeai~'on my o~:n- beh~lf;" I' am.'prepareefto pro\dde: to ttie' City.: council-at least 30 like or similiar structure~ and obstructions that fall within non-compliance to this ordinance which also are located"within 'the~citYof.And6ver~ I don It feel that economic consi derati oris' are' at stafe nere but I do 'strongl y feel that my pill ars.. and several~ other 1 ike structures, withi n the. community, strongl y enhance. the. aesthetic: qualities of the community and. for that reason alone; I feel this request should be granted.' c --. - ... . , .; !".-::..,- .,., : :-.-:-. "- . .... . . ' .--. . . , , . . .. .. .." - - - " -... - ." .- . - - ... ." -- .-.- -- -- ._. --- .. --- - _.- ~. : ~ : .-. .. ._-- ..-....--.---.- -." .- ---- .. .~~.: ~ ::._- . '. . :~. ~'. ." : c.. ':',0': ".-- ,.--'" --.--"" ... ,.. .", ". ".p. ."J ..- . . -',' ~~._~;~.-=- .~.~~_....:._~~~......:_._ ~;.:. ~'~ __..: :.~_ '_.::=~. :~_~.:.....__, '~_..:::--~-'.~"~:0c~):1~:~:Y{-~::;:">:_:::~-~:::":- s -: S;.:i ~ r; t:'l i G _ _... .. _ ._ __ ~., _ _ _ _ ...... . _ _ _ _ "" _ .. _ '_ _ _ _ _ _ ... _ _ _ _ __ _._ _._ _. _ '"~ _.._ a. _ _. _ .. .#' _'. _... --....... ~ .. - - - ..- - -- - .... _..... ---.------------ . . .' .... ~ ;:~.~:~;.'\~~.~~ ;;:~;..~~~~~~'ii).~~~:;s . ~. '.. 't. -~_._-'"-. , h. .. :. . :.:' ..'".:. ., ::: - '. :; _ ._.'_" _. _:"':.'::'.'~<...' ~~'~'.~c:rrl" .~;:.~:.:"_:..'-.',;".~.:4-~_~..;;....., __~_':'~':'.-;~'::.-"'~~7,..<-,,:.:"'~'r;~:~_7,~\:e.~j i.';~::,:_~'_o. . - . - - ..,- _ _ . . _ _. __c' _ ::. _ - -- .:.': .. ':;;: r~...~-~:f.~~:..~:: :- _~:-C 7' - . - . '_on: - -" - ~ .... .<> .~":~;~~:l~~~i~( . .... ~ '.-.. ., '.... . '.--..... - . .' .~- ... -. - ...-..... -" ~......__... ....-........ -..... ..~.... .:..... ._-.... . ..;...~. ..-. .....-.....'......--....: ,_..... . '.- - .'- -. , ... __ _ _ __........:-_ _....._..---- __..- _...._... -____ ...~...- - - -........ -~--:'-.- ..---- ----------- .--.'7------ \ -- . .' ~.,. . . .',~__':..".:_-...: :l~2'.~;6}l/~)' .. ~ VARIANCE PAGE 2 The following information shall be submitted prior to review by the City of Andover: .' 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. Application Fee: Single Family~~.OO Other ReqUes~o.oo A~eA~ Date Paid Receipt * Rev. 1-07-92:d'A Res. 179-91 (11-05-91) CRITERIA FOR GRANTING A VARIANCE In gr.anting a variance, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission, and: 1. If the request is in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. C.ertificate of Survey for: HILLS INC. "....."" Job No.'- Book/Page' Scale' 1"-50' Dole' o Denoles Iron plte sel wllh a plosllc plug slamped R S 8194' or 13057. Drainage and UlllIly Easemenls ore shown Jhus' 5 I 5 ~--~ L__L ./ (~~: \ 0- ~?1. . ~"' 1 I 1 ~.. -N- ~ '-I ./ ............... I I II , . , \ r;lIi\. CfJ EAc.h s', de %-- 7"--, . of "D(""~Ve.v...(l,-\. q F{- F~ 40 "7---< . . . H ~ ~ Shu.k D~I"\c.';"~~ot\.LS a.re . . . l. A.N ~~ r N-:--' ,.,,0 J -;-.?.... X :? It.. ~ if DRAKE 57. N.W, ____,,/ .. .Iry ~ -~ ' Lot (0, Block/.,HILLS - OF- _BUNKER LAKE 4TH, ADDITION, Ano.ka County, Mo. . I hereby certify th~t- this survey was prepared by me or under my direct supervision, is correct-to _ the : ~est-o{_my. kno-wledge -arid. -belief, was executed in accordance ...ith. the current Recomiriended,-Procedures. For. The.. Practice Of Land. Surveying adopted by the Minnesota Land Surveyors Association; and that I am a duly licensed Land Surveyor under the laws of :_theh St.ate. . ~f<Hinnesot-a. This certificate. does not purport to show improvements_ or.- encroachments,'.1f any. No liability is assumed except to the clfent for whom.. thissui-vey:- ;"as'. prepared, his heirs, and assigns, and said liability -is assumed.. only for the actual cost of this survey. . - . :JC>Hrf OUVER A: MSOaATVl. INC. .. JOHN OLIVER & ASSOCIATES, INC. By: Lin P. Caswell, Minnesota Reg. No. -Q0 Surveyor' m).l_S~ DI a'-.).l~ ",,. (81214<1.201"2 Date: "/'/41 ~ 10- ..,iAC .&J1.,....~ - no-one (~) ',~_.~7 ~.~. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 July 27, 1993 Todd and Glenda Amar 1469 140th Lane NW Andover MN 55304 Dear Mr. & Mrs Amar: The Andover Review Committee met on July 27, 1993 to review your appeal of not moving the two brick lantern pillars from the City Right-of-Way onto your property. As was noted in a letter dated May 25, 1993 to you it was stated to your builder (Mr. Paulson) that the pillars were in the city right-of-way and would have to be moved. He said he was under the gun to get this house closed and gave us his word that he would have them moved within two weeks. The finding of the Andover Review Committee was that the pillars will have to be moved off of the city right-of-way onto your property. 1. City Ordinance #95 does not allow structures of such in road right-oi-way. 2. It was the promise of your building contractor to move the pillars within two weeks of issuance of certificate of occupancy. 3. Minnesota statutes 160.27 Subd 5 (7) it. shall be unlawful to place or maintain any structure within the limits of any highway. Sincerely, D~~ David Almgren Building Official DA/jp .' .. , , ~~. 735 FLORIDA AVENUE SOUTH" GOL~'EN'~A'LLEY, ~M'N~' ,5.54"'26 (612.),- 541.09.68 FAX 541.0878 r' 00 . '.' . AUGUST 05, 1993' .. .. '. . 'Dav~ Almgren ' ' , CITY' OF.ANI>OVER '.. 1685 Crosstown Blvd. 'N.W. Andover, MN 55304 : " . . , . . . .; , Dear Dave, ,. . . . In r.egards to your letter dated' July 27th;' 1993, declining my r~quest for a' vari,:nce J;egardi.ng the loc,:ti.on of. mydriy~way .. pl.llars, I would .l1ke to request that. thl.s matter. a'ppear b~fo.;re' the city. 'council f.or apJieal, ..' '., '.. : I under~t~rid. t:hat this is my: right und'er- oityordina~c~ '., No.9,5. .' ." . 'Pl~ase notify me of~he :date, tini~ 'a~d ~oca,ti:on or the , meeting". . '. . .... . : ." " ., . ..... S,ince.reiy, " '. . . . . Todd R.. , AIilar ." " .: .' ...... ,.... .. . . ... '. '. " . . , .,. . . '. .' " .: (~, ~J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 August 9, 1993 Mr. & Mrs. Todd Amar 1469 - 140th Lane N.W. Andover, MN 55304 Dear Mr. and Mrs. Amar: Pursuant to your request, the issue of your two brick lantern pillars will be addressed at the August 17th City Council meeting. The meeting begins at 7:30 P.M. at the Andover City Hall, 1685 Crosstown Boulevard N.W. If you have any questions, please feel free to contact me or David Almgren at 755-5100. Sincerely, ~ t!r/L Victoria Volk City Clerk lQJ.t.~~.z:::::~jt' fi." q.. 'T 'r. p }\ \ II \ " ~. If ~~ /i ~... .~.,r7 -~--.,,~~ --.......""--- CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 November 1, 1993 Mr. & Mrs. Todd Amar 1469 140th Lane NW Andover MN 55304 Dear Mr. and Mrs. Amar: Pursuant to your appeal to Ordinance #95 for the brick lanterns on the boulevard, the City Council at their October 5, 1993 meeting amended the ordinance by removing the appeal process and allowing some changes to the mailboxes. However, your appeal for the brick lanterns location was denied by the city council. Therefore, you will have to move the structures from the city property within thirty (30) days of the above date. Sincerely, (2~~ Building Official DA/jp Regular Andover City Council Mee~ing Minutes - October 5, 1993 Page 13 (Wittington Ridge Preliminary ?lat, Continued) Mr. Johnson - stated the homeowner~ in that area would be against any type of easement. They don't have a problem with the 2 lj2-acre development but they do not want the extra traffic on their street. If a road cannot be built to the west, he felt it should be donated either as park land or back to the far~ers. He and a neighbor both have nice ponds in their back yards, wondering if they would be drained dry if there is deep digging in the plat. He didn't want any alterations in the current water level of his pond, either higher or lower. Mr. Windschitl stated there will be no dewatering done in the plat. Discussion returned to the configuration of Lots 4 and 5, Block 3. Mr. Windschitl stated the lot ca::l be made to comply with the 300-foot requirement with a diagonal lot line, but it will not be as good as it is now which has no effect on a water resource. A pad on the east side of the creek of Lot 4 would be all in soils corrections. Mr. Haas stated the ordinance is written to protect the natural water features and trees. To excavate 39,000 square feet east of the ditch may not be economically feasible and probably not practical. By extending the lot line north and south, the problem would be resolved similar to what was done in Timber Meadows; but the Council would have to give two variances, one for area and one for frontage. MOTION by Jacobson, Seconded by Knight, the Resolution approving the preliminary plat of Wittington Ridge as presented, even though I still have concerns over the lot. In talking it over and the City Engineer tells me it is, on a practical basis, uneconomical to do what we are asking. Delete Item No.2 because at this point it appears impractical. (That is the property line between Lots 4 and 5, Block 3, be redrawn so that the lot does not have property on both sides of the ditch) In place of that, add a variance for the area on Lot No. 5 to accommodate that. (See Resolution R228-93) DISCUSSION: CouncilmemPer Jacobson hoped this plat will really be reviewed in terms of water storage and flow. Mr. Haas stated he has met with Mr. Windschitl and his engineer on several occasions to make sure it is done right. In fact, the watershed has set the 100-year flood elevations. Motion carried on a 4- Yes, I-No (Perry) vote. BOULEVARD ENCROACHMENT ORDINANCE NO. 95 Mr. Carlberg reviewed the Planning Commission's recommendation to revise Ordinance No. 95 to remove Section 12, Appeal to Council, and to change Section 4, Exceptions, to remove a portion of Sub. a., so it would read, "Mailboxes or newspaper delivery box stands." There has been no change with regard to the other encroachments, so pillars, lamp lights; retaining walls, stones, etc., will not be allowed in the boulevards. Attorney Hawkins didn't see a great deal of exposure on the part of the City with the recommended changes. Councilmember Jacobson recommended Sub. a. read, "Mailboxes or newspaper delivery box stands, which meet US Postal regulations for their position, height and setback." Regular Andover City Council Meeting Minutes - October 5, 1993 Page 14 (Boulevard Encroachment Ordinance No. 95, Continued) " MOTION by Perry, Seconded by Jacobson, that we adopt the recommendation of the Planning and Zoning Co~~ission and remove Section 12, Appeals to Ordinance, and change Section 4, the Exception, so that it reads, "Mailboxes or newspaper delivery box stands" and also accept the recommendation of Councilmember Jacobson to include the language that the mailboxes be consistent with the regulations of US Postal Service. Motion carried unanimously. . APPEAL TO ORDINANCE 95/14971 BLUEBIRD STREET NW MOTION by Jacobson, Seconded by Perry, that the Appeal to Ordinance 95 at 14971 Bluebird Street NW on a brick mailbox, the Council finds the point to be moot. It does not need to be moved based upon the change in the ordinance by the Council to allow such' a use. Motion carried unanimously. APPEAL TO ORDINANCE 95/1469 140TH LANE NW MOTION by Perry, Seconded by Knight, that the Andover City Council deny the appeal to Ordinance No. 95 for the brick lanterns at the property located at 1469 140th Lane NW. Motion carried unanimously. Council recessed at this time, 10:35; reconvened at 10:45 p.m. PRACTICING FARMS ABUTTING DEVELOPMENTS Bonnie Dehn - stated this is very important to growers. Farming is a career, an occupation, and a necessary part of feeding this nation. Councilmember Perry stated Andover .enabled individuals who wanted to continue with agricultural practices to register under the Agricultural Preserve Ordinance. She asked if that is sufficient. Ms. Dehn stated the Ag Preserve has accomplished its purposes, but this goes beyond that. Some of them have opted not to participate in Ag Preserve because of the inability to commit to that length of time. But they are looking for an informative disclaimer/disclosure that the development and new residents adjacent to active practicing farmland are aware they are moving next to a farm and of all that entails. This is an opportunity to resolve problems before they start. Farms can be very good neighbors, but there are those who would not be content to living next to the noise, greenhouse grow lights, helicopters, etc. They want some guarantees that they will be protected. The Council felt that the City has always been supportive of the agricultural businesses within the community, but they did not know what more they could legally do to protect them. There was some discussion about the possibility of requiring developers to label adjacent farmland Todd and Glenda Amar 1469 - 140th Lane N.W. Andover, MN 55304 November 17, 1993 . J ~ ~U\~0' {r~~\lf~ The Honorable Jack McKelvey 15327 Nightingale street N.W. Andover, MN 55304 Dear Mr. Mayor: I am writing in regards to a letter I received from Mr. David Almgren, Building Official for the City of Andover, following your October 5, 1993 City Council Meeting. The letter states that my appeal, in which I requested that I not be required to remove the two brick lanterns on my property, was denied by the City Council during this meeting. A copy of the minutes from this October 5th meeting was also enclosed. Mr. Mayor, if I may refresh your memory, I appealed the Councils ruling to remove my light pillars at the same time my neighbors appealed the Councils ruling to remove their brick surrounded mailboxes. Per these meeting minutes, the Council.motioned to make an exception to the mailboxes or delivery stands, but denied the exception to my light pillars. I believe.that nobody has disagreed that my light pi1larsare an asset to my neighborhood; the reason they were motioned to be removed was because of the hazard they may cause, eight feet from the street, for any automobiles, bikes and especially snowplows. will you not agree that three mailboxes encased in a brick housing, at the Postal regulated position setback, is more precarious than my light pillars which are eight feet from the street? (Photos of each enclosed.) Keeping the above information in mind and including the definition of encroachment from Ordinance No.95 (Section 2. A), "...including, but not limited to, posts, trees, bushes, rocks, utility poles and boxes, retaining walls, etc." it would take me weeks to count the number of encroachments in the City of Andover. For your benefit, I have enclosed the few photographs I have taken from my neighborhood which only include posts; I have Page Two The Honorable Jack McKelvey November 17, 1993 not yet taken the time to shoot neighborhood photographs of the trees, bushes, rocks, etc. included in this encroachment definition. Mr. Mayor, I hope that you will appreciate my intent to use my time and resources to print and distribute flyers opposing this ordinance and the unqualified manner in which it was written. I implore you to reevaluate, at your next meeting, the motion which was passed during your October 5, 1993 meeting and allow me to keep these pillars which can only be described as added value to our community. I await your reply and direction. Sincerely, Todd R. Amar (H) 755-7047 (W) 541-0966 cc: Mr. Don Jacobson Mr. Larry Dalien Ms. Marjorie Perry Mr. Mike Knight f/Ld;L W~L it[J~~;ft~~~~[&f~~:: ~ :~:~(; . ,. ~~+-1.. ~ ....... - .)~ ~ ~ _-.-.i:: :'~-~ r....-'-_I'..; /II t- q -- / tf 0 +'h /V1 A~I Iv r------- , T /tj41/ (j'/u<i IjyrJ (r /I/d) r ,. s!J:r"~:r.- f:. Ii; CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 March 25, 1994 Mr. and Mrs. Todd Amar 1469 l40th Lane NW Andoverz MN S5304 Dear Mr. and Mrs. Amar, On Nov. 1, 1993, you were notified that your appeal for the brick lanterns was d~nied by the City Council, and you were to have them removed within thirty (30) days (by Dec. 1, 1993). A follow-up inspection was made on March 22, 1994, and as they still have not been moved, this matter is now being forwarded to the City Attorney for further legal action. A copy of the Nov. 1, 1993 letter is enclosed. ~~ Barry Olson Code Enforcement Officer BO/blh Ene. Todd Amar 1469 - 140th Lane N.W. Andover, MN 55304 April 4, 1994 Mr. Barry Olson, Code Enforcement Officer CITY OF ANDOVER 1685 Crosstown Boulevard NW Andover, MN 55304 Dear Mr. Olson, I am in receipt of your letter dated March 25, 1994. Your letter states that I have been referred to the city Attorney because of my failure to remove my light pillars as was stated to do in Mr. Almgrens letter of November 1, 1993. The reason nothing has been done with the light pillars is explained in the attached letter to the Mayor (and copied to other city Officials). My mistake, I realize now, was neglecting to copy' you or Mr. Almgren on this letter. As you will see, I was simply awaiting a replY'. I now ask that you read the attached copy of my letter to the Mayor and will await your response. Sincerely, ~~/pA- Todd R. Amar I (H) 755-7047 (W) 541-0966 Enclosure cc: David Almgren, Building Official --""~..,,, @ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 April 11, 1994 Mr. Todd Amar 1469 140th Lane NW Andover, MN 55304 Dear Mr. Amar, In response to your letter d3ted April 4, 1994, I have not received any instructions from the City Council as to whethe~ they have re-evaluated your ~ppeal or not. I assume that since you have already appealed to the Council; and that the appeal has been denied, that it is the Coun~il's decision to uphold the enforcement of the ordinance. As your builder was told to move them at the time of your house final, and we were told they would be moved within 2 weeks of that date, the responsibility is not that of the City, but it is between you, the property owner and your builder. I would suggest you contact them, and have them, at their ex)ense, ~cve the pillars off of City property, and onto yours. It ii'my intention to proceed with our current cours~ of action at this time. Si;~/~ Barry Olson Cede Enforcc~ent CfficGr BO/bh <!(]'-;"'~=;>""'''V'''' .~ ~. ! ~ . -,.~ ~ ~ \.1. l; ~~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 May 6, 1994 Todd Amar 1469 140th Lane NW Andover, MN 55304 Dear Mr. Amar: This letter is to notify you that your appeal to Ordinance No. 95 for. the brick lanterns that are encroaching in the boulevard of 1469 140th Lane NW, Andover, MN was denied at the October 5, 1993 Andover city Council meeting (minutes attached). We will grant you a 20 day extension from the date of this letter to dismantle and remove the brick lanterns. If the brick lanterns are not removed from the boulevard on or before May 25, 1994 an employee or agent from the city of Andover will remove the brick pillars. The cost of such removal will be forwarded to the City Clerk. The costs of removal together with a reasonable administrative charge will be certified to the property taxes for said property in accordance with Ordinance 95, Section 10 - Abatement of Nuisances. If you have any questions, please feel free to contact me at 755- 5100. Sincerely, D4 tllt -tJ Dave Almgren 7 Building Official DA/blh cc: Frank Stone Public Works Superintendent Ene. FOSTER. WALDECK. LIND B CRIES. LTD. ^TTORNEYS AND COUN~ElOR~ AT U.w THOM.....S A. F"OSTI:R TIMOTHY W. W....LOECK PCTCR E. LIND JOHN R. GRIES ROL'.. E. SONNCSYN JE"""CY M. BAUER DAVID J. LENHAROT BYRON M. PETERSON STCVEN E. TO,,",SCHE GREGORY oJ. VAN H CEST .JENNI,.CA L. KJos PHILIP J. DANEN 2300 METROPOLITAN CENTRE 333 SOUTH SeVENTH STREET MINNCAPOLIS. MINNESOTA 55402 (612) 375.1550 FAX (612) 375-0647 100 EAsT CENT"'AL AVENUE - ST. MICH....EL. MINNESOTA 55376 (612) 497-3099 FAX (612) 497-3639 May 20, 1994 Reply to Mimeepol is BV Facsimile and Mail city of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Attention: victoria Volk, City Clerk Dave Almgren, Building Official Honorable Jack McKelvey, Mayor city Council Re: Todd and Glenda Amar 1469 Northwest 140th Lane Andover, MN 55304 Dear city Officials: Please be advised that the undersigned and this law firm have been retained by Todd and Glenda Amar regal:ding the threatened . removal, by the city of Andover, of two brick pillars located on < the Amar' s property. I have reviewed the correspondence between .,'.:the city and my client from approximately the past year, and have .-';,~,'4Iso reviewed the applicable City Council minutes, and Ordinance .. '.:'No: 95. It is requested that the city refrain from removing' the '.<..brick pillars on or after May 25, 1994, as you have threatened to '. do, and take another look at this situation.... These two brick .:,~ 'pillars are located on Amar' s property at a point approximately 9. ,<..feet from the roadway as it is now in use. They are clearly'an. . ':i aesthetic contribution to the immediate area. . :" - .. ".' :. ~_.~ .- ~ ....:.. "., The city has apparently_ taken the position' that these two 'pillars must be removed because they are alleged to be a safety .hazard. That position does not at all seem reasonable given their location in relation to the roadway as it is actually in use. ATTOll....oICY. LlC:EfooISCO TO P"''''CTICI: I'" M.WNESOT.... WISCOHSIN AND MIS50U'" / May 20, 1994 Page 2 . . . Moreover, that position is absolutely unreasonable when viewed in light of the fact that there are a substantial number of similar structures, as well as other larger and more intrusive structures located throughout the City of Andover, in many cases right next to the roadway as it is actually in use. Even more unreasonable - and arbitrary - is the City's decision to allow, by immediate amendment of Ordinance #95, a similar brick structure located at 14971 Boulevard street Northwest, which structure is located immediately adjacent to the curb, probably less than two feet from the roadway. Minnesota law requires that an ordinance be reasonable, and that it be enforced in an equal manner among parties similarly situated. If an ordinance intends to make classifications, those must be made upon a reasonable basis and applied without discrimination to all similar situations. Otherwise the ordinance is not valid. " In this case, the City Ordinance #95 bases its validity substantially upon safety concerns. Yet the City has arbitrarily determined to allow a number of structures to exist immediately " . adjacent to city roadways as they are actually in use - including , ':brick mailbox structures - and yet has somehow determined that the ,'.t~o pillars located upon my client's property approximately nine ::; feet from the roadway must be destroyed. The position.. the city is .'+{taking is not fair, not reasonable, and seems to be completely :..)'arbitrary. I am enclosing with this letter a copy of pictures of ::-my client's property, showing the pillars and their location "'several feet from the roadway, as well as copies of pictures of "~ivarious other properties with brick and other structures located .:/,{virtually right next to the roadway, including the brick mailbox /Y'structure that was suddenly allowed, by amendment of Ordinance #95, .c'-'at 14971 Boulevard street Northwest. .' -r-'.' May 20, 1994 Page 3 . . . . . Please let us know at once if reconsider this. issue, or not. oth to take the legal action necessa this matter. the city is willing to my client is prepared ct their interests in nd & Gries,. Ltd. DJL/cgd9:29am c: Todd and Glenda Amar '. f'19Y 31 ':14 : 54 j i , JUN 01 '94 13:47 6123750647 FOSTER WALDEO< FOSTER WALDE':=< LIND 051 P03 F-750 T-298 P-a10' ,. LA..".. OmCES OF I . William G.. Hawkins and .Associates wu.r.LAM o. HAWKIJIIS : BARRY A. SUUlVAN I. LttaI Ass<=nll MARY K. KoZLU: RrrAA. DM1NGU May 26, 1994 Mr. David J. Lenhardt Foster, Waldeck, Lind & Gries, ltd. . . . 2300 Metropolitan Centre !: 333 Sotlth $C....emh Street. . :.: .:Minne'ap'olis' MN::55402:::' I ! . .' .'. . . , .. . .I . .' :j '. , : . Re: Your Client: Todd and Glenda Arnar. " Dear Mr. Lenhardt: . . . I am writing as the CIW.Attornay for the City' of Andover concerning;your letter to ttie City" dated-. May 20,'1994 on behalf of your'clrents, TOdd' and GI~nd8.Amar. . . ...,'. ........: ..~ ." ::.:: .~::,..:..... ':. ...,. .": ..: ,; ;...; ~...... ."; "1': ........i.... .;. .;. . .... ?'~..yoWafe ~wa';e; the:Cli),.has'adopted Ordinance' No-.. 95 which'pra~ibJts c;:ertain , ,:types'cWe'n.c'r6~ic:nmenis IN the City's right-af-way,. The City has.ma~e-B ; '-"determiriatlon that such encroachments can be a public safety hazarQ and ipterfere ::~ith potentl~1 im~rovements to the roadway and has prohibited suc~ encro~ch- 1.. fT}ents by thIS ordinance. "... . . I ',_There are exceptions in the ordinance, however, for mailboxes since it is the .'P~Sitio~ of the City that the ease of convenIence 'for r:nail delivery Is cPf pa~mount })!Tlportance in providing Information to residents. I do not believe th~'t the ~lIowing .L~fmailbox stryct~!es while prohibiting purely 'ae~thet1c ivp~- of structures ~ ._.. .-'(~~~itrary and unrea.sonable . Similarly, tbe fact ttlat ttlere may be .o:h;r st~ft~r~s . '..,. ._. . r on;c~ ng. oe~ not make the enfarc~m~nt .of this ordm,nce "1va .. !L~uch structures,have'exls"te~ for many years and as they are remove" It Is(the >,'h p<i5ition of the City that it will not allow them to be reconstructed y.;ilhin tOe rlght- .,.:(of~way. Also, if any new structures are placed In the right-of-way in;violatlpn o~ :(!6,~ ordinance, the City .15 treating all such encroachments equally an~ enforting I'. Ordinance NO. 95. . . , ;.' :.-... ....... . . . . . :;.. . . ~ ..0.. . . .. -.:At'cmd"ingfy/ we"are not In a:position to' .all6w aesth<<!tlc s.tructures. to:he. : consuucted. Within'th'e'right-Qf-way: In your clients' situation, 1he.buj~r ~as :.:. . informed that the structures would have to be removed and he Clgree1 to dq so; however, 'your'clients'moved into thehorne before tl1e builder' remcivQd-them. and the Amars. now are objecting to the City's requirements. '. . . .. \ . .' - ! I \ I I I i". ! . J. I I JUN 01 '94 13:48 FOSTER WALDEO< 051 P04 . . : . I ~ I J I : ! Mr.. David j. Lenhardt I f May 26, 1994 i f Page 2 , I if ; I I have directed the City staff'to allow th'e Amara to remove the stru~ure8 by June 10, '1994. If they are riot removed by that date, the City will ~mov~ them and may seek criminal sanctions-for violation of Ordinance No. 95.: . 1 , , : , . If you have any questions, please contact me. Ii '1 I~..I.. ;!:.. ~f;fy, .. ..' . .1. .:.. :.. ~ . : '~L . , " . "" . j. I ., Willliam G. Hawkins j. ': Andover City Attorney . I , I I : 'WGH:mk. I' Ene. ., , ,. j: I' , , i I" . , .cc: Mr. David Carlberg I;. . ,. . , 1 l' , : r . I. , I . i I ! , I I , . , , . , - j ;: r Todd & Glenda Amar 1469 140th Lane NW Andover, MN 55304 June 8, 1994 Mr. Dave Carlberg CI1Y OF ANDOVER 1685 Crosstown Blvd. Andover, MN 55304 Dear Dave, In regards to our conversation last evening during the city council meeting, I would like to recap our conversation concerning the light pillars on my property located at 1469 140th lane NW. As you will recall, I discussed with you my intentions regarding the moving of these pillars in order to comply within the guidelines of ordinance #95. I also mentioned that this compliance will be conditional. for the following reasons: #1.) The city discussed the situation with my builder (Doug Paulson Construction), not myself. I have never agreed to move these pillars. You are holding me accountable for the responsibility of my builder. It was not until your letter of May 25, 1993 that I found out there was a code violation. #2.) The letter from your attorney, William G. Hawkins, dated May 26, 1994, states some ridiculous justifications for the enforcement of this ordinance. He states that the delivery of mail and literature to . the residents is of paramount importance over the esthetic qualities of the neighborhood. I agree with this but, I very strongly disagree with the notion that you need to have a mailbox structure made of solid brick or concret'e or telephone poles, etc.., in order to receive this mail. It is for this reason that I feel that it is arbitrary and unreasonable to amend an ordinance to allow such structures based on this thought process. I think for the city to pass the buck by saying that this is now a Federal regulation vs a city code is nothing short of their unwillingness to fairly evaluate the facts and make a rational decision accordingly. (also feel that I do have legal grounds to proceed, based on these facts among others. The point I am trying to make is that this ordinance cannot be selectively enforced. If you are going to make me move my Pi~l~ you will also have to enforce this city wide, otherwise you are being selectively discriminatory. #3.)- I fully intend to see that the city enforces these other code violations. I will be watching very closely and if there are no signs of enforcement throughout the city in a reasonable timeframe, I fully int~nd to pursue legal action, for recovery of costs, in a civil suit thro.ugh conciliation court. I expect . that this will happen in a timely manner in light of the fact that you informed me that there is now a full tim'e staff member whose primary responsibility is enforcement of code violations. ~... ,- --":--', #4.) I am an honest and hard working citizen of Andover and I have a business located in the city of Golden Valley where I employ over 85 people. I could live virtually anywhere I choose but I happened to . have chosen Andover. There were many reasons for this decision, including the fact that it was a smaller community where everyone seemed to care about one other. I have not gotten this impression from the people who we put in office and who serve our community on the City Council. I have written letters, made phone calls and attended Council meetings, all in vain since not a single member of council had the courtesy to respond publicly or privately even once. Page 2 Mr. Dave Carlberg June 8,1994 Furthermore, your city attorney writes me a letter threatening to seek criminal sanctions against me for not complying with a civic issue. What kind of a community are we when we cannot openly have a voice that is fairly and respectively heard, without judgement, until an issue is well thought out and also have Criminal threats against it's citizens for no apparent reason. If this is any indication of the future state of the government of the city of Andover, I don't want any part of it and I will relocate to a community where it's citizens have a voice that is heard. . Dave, I thank you for your time and consideration and ask that you follow up with the request's I made last evening as quickly as possible so we can put this issue to rest for the time being. ~a:"- Todd Amar cc: . Mayor Jack McKelvey Mr. Don Jacobson Mr., Larry DaJien.. Ms Marjorie Perry Mr Mike Knight.. .. CITY OF ANDOVER REQullST FOR COuNCIL ",cnON D~TE - l\l1(;l'1.C+ 1 ~ 10Q1\ : OR\G\NAt\NG DEPARtUENT APPROVED fOR AGENDA AGENDA SECt\ON ~ staff. comsittees. Coms. ~dmin. ~. ~olk ~t"tl; B'f: \tEtA 1'0. ~ward Bids/sale of Used city Equipment The cit~ received sealed hids for the sale of used cit~ equiP~ent. The bids were opened on Tuesda~. august 16th. 1994. attached are the ,esults. showing the highest bidder directl~ unde' the desc'iPtion of each ite~' council is requested to awa,d tbe bids to the highest bidder for each item. SECOND a'i: - = MOt\ON a'i: - 4 Office Chair (Seafoam Green) Jim Connally $5.00 1974 Chev. Pickup Irwin Russell Dick Albertson Rick vickstrom 203.00 116.50 77.77 8' Flouorescent Lighting Fixtures Steve Wiatrak Jim Connally 3M 6010 Copier 20.00 12.00 Dental Chair Gene Bosacker Kevin Starr 10.00 5.00 Jim Kane Frank stone Brian Hiles Rhonda McDonald 29.99 15.25 10.00 3.01 Tripod Kevin starr 1. 50 Dishes & Kitchen Items AT&T Feature 700 Telephone John Wallace .25 steve Wiatrak Rhonda McDonald John Wallace Don Gauthier 15.00 5.26 5.00 1. 00 Ashtray/Waste Container Gene Bosacker 3.00 AT&T Feature 700 Telephone steve Wiatrak John Wallace Rhonda McDonald Irwin Russell Don Gauthier 15.00 4.00 3.01 3.00 1. 00 3-point Turf Sprayer Irwin Russell 5.00 Office Chair (Adjustable) Steve Wiatrak Kevin Starr 5.00 2.00 AT&T Feature 700 Telephone Steve wiatrak Ron Scott John Wallace Rick Vickstrom Don Gauthier 15.00 5.00 4.00 3.76 1. 00 Montgomery Wards Refrigerator Tom Johnson Wayne Patchen Ron Scott Dave carlberg Pat Gorshe Kevin Starr Ray Sowada 41. 63 22.75 20.00 20.00 17.50 8.50 5.00 Aluminum Truck Topper Don Gauthier 10.00 Printer Stand Chris Olson 5.99