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Home My WebLink AboutCC November 17, 1992 / .....\ CITY of ANDOVER J Regular City Council Meeting - November 17, 1992 Call to Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Public Hearing/Vacation of Easement 2. Ordinance 10 Amendment, Cont. staff, Committee, Commissions 3. Amend Personnel Policy 4. Purchase GIS Upgrade 5. Approve Senior Citizen Assessment Deferral 6. Schedule Public Hearing w/DNR/Eldorado Street Crossing Non-Discussion Items u 7. Request Speed Study/University Ave. (Constance to 166th) 8. Approve Gambling Exemption Permit/Andover Alano Society 9. Receive October Financial Statements Mayor/Council Input Approval of Claims Adjournment , \ .. ) ~ - CITY OF ANDOVER , , '-~ REQUEST FOR COUNCIL ACTION DATE November 17, 1992 BY: AGENDA SECTION NO. Approval of Minutes ORIGINATING DEPARTMENT Admin. ITEM NO. Approval of Minutes BY: V. Volk JJ The City Council is requested to approve the following minutes: November 3, 1992 Regular Meeting Closed Meeting Special Meeting November 3, 1992 November 5, 1992 / "-- COUNCIL ACTION MOTION BY .- '\ TO '-) SECOND BY CITY OF ANDOVER , '\ ',J REQUEST FOR COUNCIL ACTION ;" DATE November 17, 1992 ITEM NO. I. -i' , Planning ~ David L. Carlberg ~ City Planner APPROV~FOR AGEND Q BY: / j AGENDA SECTION NO. . . t D1Scusslon I ems .~~~.~ "~~."~':f Vacation of Easement 3328 173rd Lane NW ORIGINATING DEPARTMENT BY: REQUEST The Andover City Council is requested to hold a public hearing to review the easement vacation request of the City of Andover to vacate a twenty (20') foot drainage and utility easement on the property located at 3328 173rd Lane NW, legally described on the attached resolution. BACKGROUND I' On October 23, 1992, LeRoy and Lorraine Clem, owners of the property, found in the process of selling the property during the closing that a twenty (20') easement existed on the property. The drainage and utility easement runs from the northeast corner to the southwest corner of the property (see Title Commitment No.6 and Doc. No. 400376). The easement runs directly through the owner's house (see attached maps). The property owners were unable to close on the property and requested assistance from the City. The City, to resolve the issue, has agreed to vacate the easement and relocate the easement in the proper location. Caine and Associates has been hired to survey the location of the storm sewer pipe and provide the City with a proper legal description of the drainage and utility easement. Attached is a drawing indicating the area to be vacated. Also attached are the following: '- - Resolution vacating easement for Council approval - Application for the vacation of easement - Map of easement to be vacated - Notice of Public Hearing - List of property owners within 350 feet. COUNCIL ACTION MOTION BY TO SECOND BY ',,-- / '., " .../ CITY OF ANDOVER COUNTY OF ANOKA' STATE OF MINNESOTA RES. NO. R -92 A RESOLUTION VACATING A TWENTY (20') FOOT DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 3328 173RD LANE NW, LEGALLY DESCRIBED BELOW. ,-....J WHEREAS, pursuant to published and mailed notice, the City Council has conducted a public hearing on the vacation of a twenty (20') foot drainage and utility easement on the property located at 3328 173rd Lane NW, legally described as follows: That part of Outlot 1, Langseth Thrane Addition described as follows: Commencing at the northeast corner of said Outlot 1, thence west along the north line thereof a distance of 618.86 feet to the actual point of beginning, thence continuing west along said north line a distance of 206.86 feet, thence south to a point on the south line thereof a distance of 827.23 feet west of the southeast corner thereof, thence east along said south line a distance of 205.63 feet, thence north to the actual point of beginning; Except Road; Subject to easements of record. WHEREAS, as a result of such hearing and review, the City Council recommends vacation of said drainage and utility easement, legally described as: An easement for surface drainage over and across the following described property: 20 feet in width, the center line of which is described as follows: Beginning at a point on the North line of Outlot 1, Block 1, Langseth Thrane Addition according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota, 618.86 feet west of the Northeast Corner of said Outlot 1; thence South to a point on the South line of said Outlot 1 a distance of 827.23 feet West of the Southeast corner thereof; thence Southwesterly with a deflection angle of 55 degrees, 00 minutes, 00 seconds from the South line of said Outlot 1, a distance of 250 feet and there terminating. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees to vacate said drainage and utility easement legally described above on the property located at 3328 173rd Lane NW. ~-) BE IT FURTHER RESOLVED that this easement vacation be approved subject to the following conditions: 1. The applicant/property owner shall cooperate with the City in locating and recording the correct location of the twenty (20') foot drainage and utility easement. '\ " ) :-J '\ , _J Page Two Vacation of Easement 3328 173rd Lane NW November 17, 1992 Adopted by. the City Council of the City of Andover on this 17th day of November, 1992. CITY OF ANDOVER Kenneth D. Orttel, Mayor ATTEST Victoria Volk, City Clerk " 1685 CROSSTOWN BOULEVARD N.W. -,ANDOVER. MINNESOTA~04~(612)755-5100 ... .,CITYof ANDOVER :' VACATION OF EASEMENT REQUEST FORM'" Property Address 33z8 {13~' La..nsz.:.... ~<-J , , . , Legal-Description~of Property: (Fill in whichever is appropriate): ~'-~-: : :'c", , ": - >: >' . ...... > .... .ql/ac_aiL~~\",,~'*l~ft~~N :U'A.(........:,;~st- ~. k4.4-L.p;;_.. Lnc;,-U.;j"l1..J ,', .., ;~ L?ro~--1tU.a:nh~~) , '\ , MN___________________________________________________________________., Name of' Address Property Owner (Fee Owner), (If different from above) Address JJ'1..J frOCILffi * a r"f), In,-....o . ' J , . Business ".N~--P~ phone , t":lu:l ,,,,vi'S ~ Home Phone' !~/Lj/~L ~/:!~ b!LI~b~~jj NAT'L Tl1LE COON-RAPIDS PAGE-Ol " . 'FROM EQUITY TITLE SERVICES A , '\ FileNo. ~~Cj \..J . Exn.lblt ..~ 10,22.1992 17:21 HO.14 P.2 ~) {\ EquityTitleServi Sui~ 210 . 6800 Fr:lt\Ct Avenue So. . Edina, Mil oS~35 . {Gl )918.5200 I' I PLAT DRAWING (THIS IS NOT A SURVEY) Legal Description: 51 D nVI--;rJt-LJ~1;;e~11,I^d,.ve ~ Property Address: (.l, .4,!": t-z~ ~d&~kJ ' ... 'I ~.SO I 173)-) L~ t1--( ,M WI ' 2~t~/:; '}rip/~ f~"r/ CrC}:@/Je--- fy~. Jl ~CJlI-r ,/ ",/ / ~,,( \\ ~ /. , \ ,~) \f , , , ,/ ~ - ./' l1I CV\ - / ",/ vJf\ ~N () II, /' /' '\ I 'J 1 ",/ ,I( "f /' - - ./". ~ ..~J'- ~~ ,P.AV..-t.-...l.../t y' / - ~t)>: 63 "Tho loeallon of Iho Improvements sh<)wo on thIs drawlng ;ate approxlmclte and nrc based on ~ III$vl\llnsp~101l0r 'h prCfTlIGes. T'h.. Int rfIMJlln'ltmnfl: Ar. ..k..n 'rnn"llh,. t~nM "tAt nr r.nlll\'v ~^rt141 Thl.. nrllwlnn I.. ,,..,,. In''''tm.....tlnnal nllf'r'V'I"''''' an .h....tllrl ~I Commonwealth Land Title COMMITMENT '\ I jl SCHEDULE B - Section 2 Exceptions The policy or policie~ to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. 1. A. Facts which would be disclosed by a comprehensive survey of the premises herein described. B. Rights and claims of parties in possession. C. Mechanics', Contractors', or Materialmen's liens and lien claims, if any, where no notice thereof appears of record. D. Any change in title occurring subsequent to the effective date of this Commitment and prior to the date of issuance of the TITLE POLICY. E. Taxes and assessments commencing in the year 1992 and thereafter. 2. Taxes due and payable in the year 1992 in the amount of $ 1,094.48 which are one-half paid and one-half due and payable. The base tax amount is $ 1,094.48. 3. The real estate tax property I.D. or Plat and Parcel Number is 05-32-24-44-0048. 4. The 1992 taxes are homestead. No representation is made regarding subsequent years' homestead tax status. '\'5. J There are no pending or levied county or municipal assessments which presently affect the property.. (p>. There is an easement for drainage and utility purposes over that part of the property described as being 20 feet in width running from the Northeast corner to the Southwest ocrner, as shown by Document No. 400376. 7. There is an easement for electric powerline purposes over that part of the property described as Southerly 20 feet, as shown by Document No. 297341. 8. No coverage is given for any matters which a physical inspection of the land would disclose. This exception will be deleted by endorsement when a plat drawing or inspection report is received, subject to the contents of the plat drawing or inspection report. LENDER: IF YOU HAVE NOT RECEIVED A PLAT DRAWING AND ENDORSEMENT AT LEAST TWO DAYS PRIOR TO CLOSING, PLEASE CONTACT EQUITY TITLE'S PRODUCTION DEPARTMENT. ') ,/ Commitment No. 61059 This commitment is invalid unless the Insuring Provisions and Schedules A and Bare attached. n'-:T-"?~-92 FRJ: 7:56 REC DATA OIF MN P.02 /- -~ \..~/ ~) '\ ._~/' /(J/~~C;:C"C~7-"'""".. c' '\ J\ i I , d \.J.. ;I ~"::1~,:.;;~~l--/."" 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 City Council of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, November 17, 1992 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Easement Vacation request of the City of Andover to vacate a drainage and utility easement on the property located at 3328 173rd Lane NW (PIN 05-32-24-44-0048), legally described as: That part of the Outlot 1, Langseth Thrane Addition described as follows: Commencing at the Northeast corner of said Outlot 1, thence west along the north line thereof a distance of 618.86 feet to the actual point of beginning, thence continuing west along said north line a distance of 206.86 feet, thence south to a point on the south line thereof a distance of 827.23 feet west of the southeast corner thereof, thence east along said south line a distance of 205.63 feet, thence north to the actual point of beginning; Except Road; Subject to easements of record. 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. ~/~ Victoria Volk, City Clerk Publication dates: November 6, 1992 November 13, 1992 05 32 24 43 0004 Oc:c:upant 3400 173rd Lane NW Andover, MN 55304 ;-)32 24 44 0037 L-..an Gay 3358 174th Ave NW Andover, MN 55304 05 32 24 44 0047 Oc:c:upant 3251 173rd NW Andover, MN 55304 05 32 24 44 0051 Chester & Luella Malek 3308 173rd Lane NW Andover, MN 55304 05 32 24 44 0055 Troy & ~onda Englund 3329 173rd Lane NW Andover, MN 55304 08 32 24 11 0002 . lliam Peterson ~/~80 Round Lake Blvd Andover, MN 55304 \ o 05 32 24 43 0010 Jesse stowers 3415 173rd Lane NW Andover, MN 55304 05 32 24 44 0039 Bob & Kay Rolf 3309 173rd Lane NW Andover, MN 55304 05 32 24 44 0048 Occ:upant 3328 - 173rd Lane NW Andover, MN 55304 05 32 24 44 0052 Jerry & Karen Tollefson 3348 173rd Lane NW Andover, MN 55304 05 32 24 44 0057 Delyle Roesner 17381 Poppy st NW Andover, MN 55304 08 32 24 12 0011 Thomas & sahreen Johnson 17203 Tulip st NW Andover, MN 55304 05 32 24 43 0019 Oc:c:upant 17384 Poppy st NW Andover, MN 55304 05 32 24 44 0041 John & Janice Johnson 3288 174th Avenue NW Andover, MN 55304 05 32 24 44 0050 Occupant 3250 173rd Lane NW Andover, MN 55304 05 32 24 44 0053 Bob Hasbrook 3349 173rd Lane NW Andover, MN 55304 08 32 24 11 0001 Lee & Lorraine Enga 17146 Round Lake Blvd Andover, MN 55304 Occupant 3394 173rd Lane NW Andover, MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 17, 1992 AGENDA SECTION NQ Discussion Items ORIGINATING Planning DEPARTMENT ----r-'., ~ B ITEM NO. 6l. Amend Ord. No. 10 Section 4, Def. BY: David L. Carlberg City Planner REQUEST The Andover City Council is again requested to review and approve the proposed amendment to Ordinance No. 10, the Subdividing and Platting Ordinance, Sections 4, Definitions. The proposed amendment would add a definition for "buildable" for both urban and rural lots. The Council tabled the item at the November 3, 1992 meeting. /' '--- MOTION BY TO COUNCIL ACTION SECOND BY '--- , '\, \..../ ~J '\ ./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 10 AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: SECTION 4. DEFINITIONS. BUILDABLE LOTS: SEASONAL HIGH WATER MARK is indicated by mottled soils or is the highest anticipated water table. NOTE: All other portions of Section 4 shall remain as written. Adopted by the City Council of the City of Andover this ____ day of , 1992. CITY OF ANDOVER ATTEST: Kenneth D. Ortte1, Mayor Victoria Volk, City Clerk @\' "~,~, ~'\ " , . ~ :i ':1 '; >\.....'/ '-_/ '-.""....,.".....-t'".' -'''-.:- ~-" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nnvpmhpr 17 AGENDA SECTION NO. staff, Committee, Comm ORIGINATING DEPARTMENT Administration and Finance ITEM NO. Amend Personnel Policy vacation/Sick Leave BY: Daryl E. Sulander REQUEST The City Council is requested to approve the attached reV1Slons to Personnel policies No.1 - Vacations, and No.3 - Sick Leave. BACKGROUND /' " J '-- On October 20, 1992 the City Council approved the request of various employees to donate accrued sick leave or vacation to Bill Kellermann, providing income continuation during his extended sick leave. The City Council passed to the Personnel Committee the task of formulating the guidelines to administer the amended policies. On November 5, 1992 the Personnel Committee met to review the proposed revisions to the vacation and sick leave policies. The committee reviewed staff input regarding practices at various other cities, and guidelines to administer the proposed revisions. Staff was directed to advise the union of the proposed revisions for comments. The revised policies are attached for approval. RECOMMENDATION The Personnel Committee recommends the approval of the revised Personnel Policy No. 1 - Vacations, and Policy No. 3 - Sick Leave as presented, allowing for the voluntary donation of accrued sick leave to assist other employees when their personal sick leave has been exhausted. Further, the committee recommends amending the Vacation Policy to not permit the transfer of this benefit between employees. COUNCIL ACTION MOTION BY TO SECOND BY -<' POLICY NO. 1 - VACATIONS (Amended 4-16-91) (Amended 11-17-92) o I. POLICY It shall be the policy of the City of Andover to provide paid vacations for use on a regular basis to all *permanent employees in accordance with the provisions in this policy. II. PROVISIONS A. Employees shall accumulate vacation on the following basis: (Amended 4-16-91; effective 4-21-91) SERVICE During 1st year through 5th 6th through 10th year During the 11th year During the 12th year During the 13th year During the 14th year During the 15th year & each year following VACATION ELIGIBILITY 10 days 15 days 16 days 17 days 18 days 19 days 20 days B. Vacations begin to accrue from the first of the month in which the starting date is on or before the 15th of the month; and from the first of the following month for starting dates on or after the 16th of the month. / , o C. Limits on vacation accruals 1. Employees should be encouraged to take vacations on a regular basis; however, vacation can be deferred and allowed to accrue up to 200 hours with written approval of the responsible supervisor and notification to the City Council. (Adopted 4-16-91) 2. At the effective date of this policy, the level of vacation hours accrued by an individual may not exceed 200 hours. (Adopted 4-16-91) 3. Each anniversary date thereafter an evaluation will be made to see that hours accrued do not exceed the maximum or hours over the maximum will be forfeited. 4. Permanent part-time employees shall accrue vacation hours on a pro-rata share of 173 hours. * Permanent part-time employees shall accumulate vacation on a pro-rata share of l73 hours. D. Vacation hours shall not be transferred between employees for any reason at any time. '\ ~ POLICY NO. 1 - VACATIONS (Cont.) III. SCHEDULING VACATIONS ~) A. It is both the supervisor's and employee's responsibility to plan vacation use, recognizing policy limits. Supervisors should make every effort to accommodate employee vacation requests, recognizing that the needs of the City do come first. B. Holidays falling within a vacation period will not be considered vacation. C. Pay in lieu of vacation will not be allowed except that in the event of termination, retirement or death, vacation will be paid in the amount accrued to that date. D. Every attempt should be made to schedule normal vacations at least thirty (30) days in advance. (Adopted 1/32/84). ~J ~ ~~ o POLICY NO. 3 - SICK LEAVE (Effective April 4, 1984) (Amended May 10, 1988) (Amended April 16, 1991) (Amended May 21, 1991) (Amended November 17, 1992) I. POLICY The City of Andover shall provide sick leave for all permanent employees subject to the provisions of this policy. II. PROVISIONS A. Paid sick leave is accumulated at a rate of one day per month for each month of service. B. New employees will not be allowed to use sick leave until the completion of one month of service, at which time they will be credited with one day of accrued sick leave. C. Illness or injury occurring during a scheduled vacation or over any holiday will not be counted as paid or unpaid sick leave. '\ ~ D. Extended illness, which continues beyond the limits of any employee's paid sick leave accrual may be considered for coverage. a supervisor wishing to recommend such a consideration should send a written recommendation to the City Council for a final determination. If extended sick pay is approved, one of two options will be available for extending sick leave pay: 1) The extended sick pay will be charged against the employee's future sick leave accrual which will resume under the usual stipulations when the employee returns to work on a permanent full-time basis, or; 2) Extended sick pay may be granted through the voluntary donation and transfer of accrued sick leave from other employees. An employee may donate up to a maximum of 5 days sick leave for any given occurrence. The recIpient may receive up to 30 working da~ sick leave for any one occurrence. Sick leave sharr-be donated and received on an hour for an hour basis. No consideration for differences in wage rates shall be applied to the transfer. Before the extended sick pay begins, all of the employee's vacation, compensatory time and floating holiday must have been taken, either prior to or during the illness. , ~ Vacation and sick leave benefits will continue to accrue during the extended sick leave period. The city's contribution to health care insurance will continue as though the employee were using their personally accrued sick leave. Extended sick leave will be available with City Council approval to any permanent status employee who has successfully completed the probationary period. POLICY NO.3 - SICK LEAVE (Cant.) ~J E. Permanent part-time employees are eligible for sick leave benefits on a pro-rata basis (Adopted 1/86). F. In order for an employee to ,be eligible for sick leave payment in excess of three (3) consecutive days, the employee must furnish the City with a physician's statement verifying the need for time- off. G. Employees shall be paid for unused sick leave at time of termination of employment from the City, provided however the employee leave the City under favorable conditions and in good standing. The following schedule shall be used in the determination of pay- off: 20% - all employees with two (2) through five (5) years service time 40% all employees with six (6) through ten (10) years service time 50% - all employees with over ten (10) years service time :J At no time will any employee be paid for more than 400 hours as a pay-off. H. Employees not reporting to work because of illness or other personal health reasons should notify their supervisor within one-half hour following the beginning of their work day. I. Sick leave of all employees must be reported. J. Disability Insurance shall be available to City employees, with the premiums for such insurance being paid by the employee through a deduction from accumulated sick leave benefits. K. Sick leave may be used for illness, injury, child birth, outpatient or inpatient treatment for mental illness, alcoholism or drug addiction or by the necessity for medical or dental care. Sick leave may be used by the employee to care for the employee's spouse, children, parents or guardians in cases of illness. (Amended 4-16-91) "\ '-...../' L. Employees with 800 or more hours of accrued sick leave may elect to convert up to the lessor of 96 hours or the amount exceeding 800 hours to vacation at a rate of 50%. In no event shall an employee use this provision to convert sick leave to more than 48 hours of vacation. Such an election must be made during the month in which the employee's anniversary date falls. (Adopted 5-21-91) @\') 'J ,~r\t/ \. ,.,:-::~~,:~:.~f CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE 17 November 1992 ITEM NO. 4. Purchase GIS U The City Council is requested to review and approve the phased purchase of the GIS hardware and software as discussed and approved in concept on October 20, 1992. Three (3) quotes were received and reviewed and are presented below. ORIGINATING DEPARTMENT Engineering ,~ d I Arcy Bosell and & Daryl E. Sulander BY: AGENDA SECTION NO. Staff, Committees, etc. PHASE I: This includes the initial hardware and software purchases to set up our data collection. 486/33mhz/8MB RAM, 212MB Hard drive ... AmeriData PC Express TAIGA $6588.00 4472.00 4010.00 We would purchase the start-up data from Anoka County for approximately $1,600 to $2,000 (depending upon the volume of data Andover requires). The current price is $400.00/MB and they calculate that Andover will require 4-6MB. F ESRI Products are the manufacturers of the actual GIS software and it '- is only available from TAIGA. The total cost for the software is $11,830.00. Training required would be on the GIS software and the data base and would be conducted at City Hall. It is estimated to be $2,000 plus $1,250.00 for user support and software upgrade (annually). Phase I would allow us to get started with the GIS program for the City of Andover. PHASE II: This would include the purchase of the hardware necessary to do our digitizing to maintain the data that we have purchased from Anoka County as new subdivisions are added, etc. Three (3) quotes were received as follows: 44"x60" Digitizer and Plotter Printer AmeriData $ 11,776 PC Express 9,346 TAIGA 7,609 MOTION BY \ TO , I '---~ COUNCIL ACTION SECOND BY ~'"-">;~ ~.~ \;t ......\ , ~ ;, ., if .' '\ \. },,' . ""'- .J \--..1 '''''~c-:-1;;:1:''>'-;~:_/ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Hov~r.lb~:- 17 _ 19q7 AGENDA SECTION ORIGINATING DEPARTMENT NO. Staff, Comm. Commissio s ITEM NO. .5: Approve Senior Citizen Assessment Deferral Admin. I~ ~, V. Volk \" BY: The City Council is requested to approve the deferral of special assessments on the property located at 3208 - 176th Lane N.W. The property owner has submitted the appropriate forms and qualifies for the deferral. Attached are the following: * Application for Delayed Payment of Tax on Special Assessments * Ordinance #101, which provides for the deferral for senior citizens * Certificate of Deferred Assessments (to be recorded at the County once the Council approves the deferral) ;/ V:Attach. '--- MOTION BY TO COUNCIL ACTION SECOND BY APPLICATION AND AUTHORIZATION FOR DELAYED PAYMENT OF TAX ON SPECIAL ASSESSMENTS FOR SENIOR CITIZENS' HOMESTEAD , '\ '--~ Date CJ1 (~~ '5 19 '7?--- CITY OF ANDOVER County of J\noka 1685 Crosstown Boulevard NW Andover, Mn 55304 City Clerk: I, the undersigned, formally request a Senior Citizen Special Assessment deferment. I declare: That I/We reside at 310~~/1 ~7LL41\1E /V'Lv., 1}-~bt'e.v,l1h J's-,Je/'1 . / That I/We am not less than 65 years of age and that the date of my birth is: }jt'Jl/e~ h-f"l- )(~ /9')...<'- , o That I/We am owner of the property legally described as: -rt..~ l? :Zos rr- Of:,/4t" .c;9{.:A.~f- of:-rJ.~ rJ!hnf.tt.~r5E!/J/ EX';/) That my/our interest in the ownership of the above property w~ acquired on :!'f.,{,1 e. , 19 '/L! and is as follows: 1. Sole pwnership (Enter yes, if applicable) // {'-! / 2. Joint tenancy, held with 3. Other undivided interest (Specify) That on January 2, the above property VU-"L-c:. 19 Cf 1-... or June 1, 19 9'J-. I owned and occupied as my-fiomestead and sucn-occupancy began on , 19 '?l,I please attach proof of ownership and your last income tax statement (Photocopies are acceptable). signed ~~ ~J~~ Owner s'i..gnature , '\ '-J Received by ~k Date ~3 ,19 9.:1- , " v CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10L AN ORDINANCE PROVIDING FOR THE DEFERRAL OF SPECIAL ASSESSMENTS FOR SENIOR CITIZENS AND RETIRED DISABLED HOMEOWNERS. The City Council of the City of Andover does hereby ordain: SECTION 1, SPECIAL ASSESSMENT DEFERRAL. Pursuant to Minnesota Statute Section 435.193, the City Council may defer special assessments levied against the homestead property of a senior citizens or retired disabled homeowner for whom it would be a hardship to make the annual payments. The City Council will act on all deferral requests once an application, as set forth in Section 2, has been completed. SECTION retired deferral are met: 2, ELIGIBILITY. Any person 65 years of age or older or due to total or permanent disability may apply for a of special assessments provided the following conditions ~) 1. Homestead. The property being assessed must be the applicant's principal place of domicile. The classification of the property as homestead on the County's tax rolls combined with the applicant's name being shown as owner shall be considered adequate proof that the property is the applicant's homestead. 2. Annual Income. The applicant's income for the year preceeding the year in which the application for deferment is made shall not exceed $18,000. The application, in a form to be prescribed by the City, shall be completed and filed with the City Clerk, who will verify that the applicant meets the above conditions. Any additional forms required by the County of Anoka for recording the deferral shall also be completed. SECTION 3, INTEREST ON DEFERRED ASSESSMENTS. All deferred assessments shall be subject to and charged simple interest at the rate established by the Andover City Council in the resolution adopting the assessment roll. This interest shall accrue over the life of the assessment. No interest shall accrue past the date at which the assessment would have been fully paid if not deferred. SECTION 4. TERMINATION OF DEFERRAL STATUS. Special assessments deferred pursuant to the eligibility requirements set forth herein shall terminate and become payable, together with accumulated interest, upon the occurrence of anyone of the following events: ,-) ~) 1. Transfer of ownership. The property is sold, transferred, subdivided or in any way conveyed to another by the individual for whom the deferral was granted. 2. Death of owner. The death of the owner qualified for the deferral unless a surviving joint tenant or tenant in common is eligible for the deferral benefit provided herein. 3. Non-homestead property. homestead status for any reason. The property loses its 4. No hardship. The City Council determines that there would be no hardship to require an immediate or partial payment. It shall be the duty of the applicant, their heirs or legal representative to notify the City Clerk of any event which may affect eligibility for deferment. At the time of termination of the deferral, the City Council may provide for payment of the deferred amounts in installment payments in accordance with the original terms of the special assessments. SECTION 6. EFFECTIVE DATE. This Ordinance shall be effective from and after its passage and publication according to the law. o Adopted this 18th day of August, 1992, by the City Council of the City of Andover. CITY OF ANDOVER ATTEST: Kenneth D. Orttel, Mayor Victoria volk, City Clerk ~ I ~ Page 2 , " 'J o "- I '-./ CITY OF ANDOVER < COUNTY OF ANOKA CERTIFICATE OF DEFERRED ASSESSMENTS STATE OF MINNESOTA I, Victoria Volk, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby state that pursuant to Statute 429.061 there are deferred assessments against certain properties situated in the City of Andover more fully described on Exhibit A attached hereto and further that the amount of such assessment and commencement of payment are further set forth on Exhibit A. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 17th day of. November , 1992. CITY OF ANDOVER Victoria Volk - City Clerk (SEAL) . '\ '-J EXHIBIT A The East 203 feet of the north 496 feet of the south 962 feet of the North 1/2 of the Southeast 1/4 of Section 05, Township 32, Range 24, Anoka County, Minnesota, except road, subject to easements of record. Amount deferred: $5,626 'Deferral status will terminate upon anyone of the following events: 1. Transfer of ownership; 2. Death of owner; , \ 3. Property loses ,homestead status. ,) 4. The City Council determines that there would be no hardship to require, an immediate or partial payment. "\ "J @\'~";:,'" l:\ \'. , !. JJ 0" ~ ,~ :.1' "'-,. "",,"'~{-;; ""-.:.,.......J'""",-. -....,..... ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 17, 1992 ITEMWi th DNR/Eldorado street NO. Wetland Crossing ORIGINATING DEPARTMENT Admin. APPROVED~R AGE ~ AGENDA SECTION NO. Staff, Committee, Comm. BY: Jim Schrantz The City Council is requested to schedule a hearing on the Eldorado Street Wetland Crossing. The choices are all in February of 1993. 3rd & 4th 10th & 11th 17th & 18th We also have to set up a meeting place. r am not sure how many people will testify from the Round Lake area. /' John Fax has scheduled 2 days in case the testimony takes that long. Hearings are usually scheduled for 10:00 AM to 5:00 PM. '--- MOTION BY TO COUNCIL ACTION SECOND BY , \.~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 17, 1992 AGENDA SECTION NO. . . Non-DlscuSSlon ORIGINATING DEPARTMENT Engineering Todd J. Haas ~ ITEM Speed study/University NO. Avenue BY: The City Council is requested to consider requesting a speed study along University Avenue between Constance Boulevard (Co. Rd. 60) and 166th Avenue. The City of Ham Lake has adopted a resolution requesting a speed study on University Avenue but Andover is required to agree prior to having the speed study done by MNDOT. / ,~ MOTION BY \ TO '-. COUNCIL ACTION SECOND BY . ') '-J \ '- ) ,)f . " ,,-j " 15544 CENTRAL AVENUE N.E. HAM LAKE. MINNESOTA 55304 434-9555 FAX: 434-9599 :51'~$fu.lr- C~ .Ave tf"d'''''-'v<- t:,,~u:.. ;;?.lvd ~ /~. fj- "he, (72:Ji"dly v-'c'+1- 1M"., ~,;f~ CITY OF HAM LAKE October 27, 1992 Jim Schrantz City Administrator Andover City Hall 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Jim: -- CITY OF ANDOVER Enclosed are two copies of the Joint Powers Agreement for the improvement of University Avenue between 152nd Avenue and Constance Blvd. Please execute and return one copy to me for our files. Also, the Ham Lake city Council did adopt a resolution ordering the feasibility study for this project. The Ham Lake City Council also adopted a resolution requesting a speed study on University Avenue between Constance Blvd. and Crosstown Blvd. Since this is a border street, I believe the state may also require that Andover adopt a resolution to complete this study. If this is the case, would yOIl please have your city Council consider this request. ' ,,', Sincerely, d~ Doris A. Nivala Administrator/Clerk/Treasurer Ene. I il2 165TH AVE. NW \(3 , \ / / -, I I I I , t# - - - \J '~?A~ LE. MAli( ) ~J , ?f // oR ~l!L >-f- , J, BIRCH~ f(j~ , \ , PON/) , P' , _l I I -. 0: o~ CD- ,-~ i . , , : II I I L_________~__________ I I 0.11101" I I ! ;- ----------f--------... , - - , , 11?L~1. :2 , I . ,P{JREST , . " i~,,~ ", '~rr I // ,~i~W ! . !=!~~:~+o".':::'::""~ I \ ~ I ,. , 'I ! .~ ......... \ I / / ',' "'<Q \I - ':C-:::s c:: I }J - "'l..,~ II V\ I "'---,---, " -lkCh7 "'1"- "'i \ I.M:~ , 'j\, L 'I ~':P ./ 11'............. ...... ..,'\ II .................. i' I "\ .0 II I' '" L ~ ,.> n II ' :11" ---<:' ;J:- r- :\ A \I ... , , , \ ,/ I' " '" = ~in :0-- ~j OUNTY" ... coo.,.., - ~q\'\. 'A\~ , "'-- ............ ~ " " , , , , , , ~ " , , . . I , , :J'" ~ .AJW jr-.- ~ -~~K=- ~ r.to. ,,2Vjv' · t' . .r" 3 1/ , ' 2 . 8~ \ J j . - ,.....~ ;P~..,"'.'." " , .,. , --- ,'"." '. I I. . ~r . . ,I ; I IIII , :- - ~~ ' ,---J I72ND AVE. NW 171ST AVE. NW 170TH AVE, NW 169TH AVE, NW - o ~ 168TH AVE. NW 167TH AVE. NW i r\ 166TH AVE. NW 164TH AVE. NW ) ~t'ce:j) 5,IAD'/ 163RD AVE. NW 162ND AVE, NW 161ST AVE. NW 160TH AVE. NW 159TH AVE. NW 158TH AVE. NW , ~7TH AVE. NW ,:~ .. , , , , ~c;\. v. ~~ d ;,. , \. ... ,~,'J 0' ,~."..".>~' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nov~mhpr 17 ,9Q? AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT ITEM Approve Gambling NO.~ Exemption Permit/AA Admin.,' ,( \ ~, v. volk 0 A:)PP~%~FOR Aio B : V BY: The City Council is requested to approve a gambling exemption permit for the Andover Alano Society for up to 5 events for 1993. Andover Alano Society will submit the permit for the proper signatures when they plan their events. This is what was done for them for 1992. v ,. '--- COUNCIL ACTION , " MOTION BY TO SECOND BY '--" CITY OF ANDOVER (j REQUEST FOR COUNCIL ACTION November 17, 1992 DATE ITEM Receive October NO. Financial statements Daryl E. sulande,~O/ BY: Finance Director ~3 FOR AGENDA SECTION NQ Non-Discussion Items ORIGINATING DEPARTMENT Finance REQUEST The Andover City Council is requested to receive the October 1992 Financial statements for the General, Water and Sewer Funds. Please note: 1) these statements include the amended revenue and expenditure budgets as adopted by resolution no. R130-92 on the 21st day of July, 1992. Several expenditure amendments authorized since July 21st have not been entered to the financial system, and are not included in the amended budget figures. Should there be any questions regarding the information presented, please contact me prior to the meeting so that I may have adequate time to research the question. ,. . '-- , , MOTION BY TO COUNCIL ACTION SECOND BY '----' CITY YEAR TO Revised Budget Year to Date Actual Percentage Remaining " " ----------------------- ----------------------- GENERAL PROPERTY TAXES BUSINESS LICENSES AND N0N-6USIN~5S LIC~N5t~ Building Related ,Other INTEIHiOVER'~I>lEIHAL REVEI(UE CHARGES~FORSERVICES street Lighting '.Jther' COURT FINES SPECIAL ASSESSMENTS MI5C~LLANEOU5 RtvENUE Interest Earned Refunds and Reimbursements \..J Other' TRANSFERS FROM OTHER FUNDS From Admin. Trust Fund From TIF 1-1 Fund From TIF 1-2 Fund 54,600.00 26,224.00 9,300.00 63,300.00 24,UUU.uu 6,000.00 TOTAL GENERAL FUND REVENUE 2,336,962.00 1,594,229.16 3 1 ------------ ------------ ------------ ------------ ~.J '\ , ) CITY OF ANDOVER YEAR TO DATE SUMMARIES Fuk GENERAL, WATER AND SEWER As of, 310ct92 Revised Budget Year to Date Percentage Actual Remaining G ENE R A L FUN D E X PEN D I T U RES o CITY COLlNCI NEWSLETTER I>IAYOR ELECTIONS ADMINISTRATION FINANCIAL ADMINISTRATION , ALlD ITING ASSESSING ATTORNEY PLANNING AND ZONING DATA PROCESSING CITY HALL BUILDING FIRE STATION BUILDING PUBLIC WORKS BUILDING SENIOR CITIZEN'S CENTER EQUIPMENT BUILDING ENGINEERING POLICE PROTECTION FIRE PROTECTION RESCUE SERVICE PROTECTIVE IN~CTION CIVIL DEFENSE ANIMAL CONTROL ~Ikttlo ANU Hl~HWAYo SNOW AND,lCE REMOVAL STORM SEWERS ::;. 1 R E E 1ITGl1TTfG STREET SIGNS TRAFFIC SIGNALS bIREEfLIGHTS-SILLED PARK AND RECR EA TION TREES AND WEED CONTROL RECYCLING ECONOMIC DEVELOPMENT UNALLOCATED IMPROVEMENI PR0JECfo OTHER FINANCING USES 52.723.00 , 45.966.29 28 34.297.00 4,771.00 4,521.00 13,900.00 126.872.00 96,717.00 10,000.00 38,289.00 50,800.00 54,166.00 21,248.00 45.375.00 31,564.00 17,388.00 8.075.00 2,975.00 65.847.00 411,737.00 267,435.00 32,380.00 145,703.00 2,647.00 10.235.00 li:>:4,o.:S.:S.uu 119,112.00 22,688.00 14,450.00 31,508.00 10.680.00 42.264.00 233,903.00 9,715.00 37,398.00 18.307.00 54.739.00 28,391.80 4,099.99 3.651.90 9,027.72 104.601.82 83,6/.0.UO 10,497.75 39,047.00 39,226.45 40,940.02 16.512.18 hO,Olo.8o 24,. 5 1 4 . 1 6 15,435.36 4,809.13 691.06 50.401.60 308.3h5.33 143.032.59 19.183.19 118.320.CJ2 3,763.37 8.027.30 1 1'<: , Its b . ~ ts 3 8 . 5 1 1. 02 1 2, 1 96 . 7 9 12';'002. 89 11,520.70 5,592.39 40,395.17 141.520.16 7,332.46 25,267.31 14,063.97 27,454.00 ,~ TOTAL GENERAL FUND EXPENDITURES 2.336.962.00 1,672,427.52 ------------ ------------ ------------ ------------ 35 17 13 . (4) ( 1 ) 22 24 22 20 46 40 1 8 (42) 21 j 0 67 46 1r- 63 47 h 39 24 32 23 49 12 CITY OF ANDOVER YEAR TO DATE SUMMARIES FOR 'WATER AND SEWER of, 310ct92 Revised Budget Year to Date Actual Percentage Remaining W ATE R FUN D REV E N 1I E S :-.-', ',. -' . .....,-,-.-':-, - --- . <-:-c,'.::::::::'-::",., '_-._:,-'. -:'-.:-::_>:-::'::::::.::" . - ':\ :,:_::--,,:-:':::\:-:/(:':::-':',_::: :::':<::,<:,:.:{::-': ,:: .._,; - ',." WATER SAltS METER SALES PERMIT FEES MISCELLANEOUS REVENUES TOTAL WATER FUND REVENUE 191;186.00 20,000.00 10,000.00 12,000.00 223.047.93, 44,140.00 17,950.00 12,487.93 - ---- - - ------------ - ------ ------------ F U I~ D N S E S SOURCE, STORAGE AND TREATMENT DISTRIBUTION AOM.lN.l::'II<:AI.luN 50 2 ------------ ------------ ------------ ------------ ') '- ./ '\ '"../ CITY OF ANDOVER YEAR TO DATE SUMMARIES rl1t< GENERAL, WATER AND SEWER FUNDS As of, 310ct92 Revised Budget Year' to Date Actual Per'centage Remaining SEW E R FUN D REV E N U E S SEWER CHARGES INTEREST REFUNDS AND REIMBURSEMENTS TRANSFER FROM SEWER CONN. FUND 301,876.04 3.291.35 67.27 398,300.00 ------------ ------------ ------------ ------------ ,. 5 E W t: 1\ f- IJ N (j E X P E N c E c -' -' -------------------- -------------------- '. ,J COLLECTION Metropolltan Waste Control Other Expenses ADMINISTRATION 248.242.00 68.498.00 81.560.00 22/,oo/.UU 13.029.62 24.743.50 <) 80 69 TOTAL SEWER FUND EXPENSES 398.300.00 265.330.12 33 ---.--------- ----------..- \ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. ADD-ON << DATE . ORIGINATING DEPARTMENT Admin. November 17, 1992 ITEM Approve Hiring of Code NO. Enforcement Specialist BY: Jim Schrantz The City Council is requested to approve the hiring of. Barry Olson as the Code Enforcement Specialist. "c . _...-- . Dave Carlberg, Dave Almgren and I interviewed 3 candidates for the position. We recommend Barry Olson for the position and recommend that the position be filled immediately. We recommend the starting salary to be $12.66/hour with $.50/hour increase after satisfactorily completing the 6 month probationary period. He will also be eligible for the percentage increase 'the others get on January 1, 1993 after the 6 month probationary period. Barry has worked in construction for 14 years, been a Director of Building Operations for 5 years, Housing Inspector for the City of Minneapolis as a truth-in-housing evaluator, worked as a Plan Examiner for the City of Plymouth temporarily and has been Contract Inspector for the City of Andover for 9 months. Barry has Class I & II Building Official licenses and I.C.B.O. certificates in building inspecting, plan examining and mechanical inspecting. Barry works well with people and we are confident that he can do the job as outlined in the job description. If hired, we plan to get him started in the Code Enforcement area right away. We hope to start the warn and tag method of enforcement. ! , , i , MOTION BY TO Ts COUNCIL ACTION SECOND BY ")0; CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE . MnvGmhar ,~. '9Q? AGENDA SECTION NO. ORIGINATING DEPARTMENT < Non-Discussion Items Finance ITEM NO. Amend Schedule of Bills dated 11/17/92 BY: Daryl E; sulande~~fl~ Finance Director ~ REQUEST The city Council is requested to amend the schedule of bills dated 11/17/92 to include the following claims: Vendor Name/ Description Amount 1. Barry Olson $ 972.00 , Contractual permit inspections. 183.68 ----------- Total Amendments l,155.68 11/17/92 Schedule of Bills 871,488.72 Total Amended Schedule of Bills $ 872,644.40 ----------- Account Name/No. Inv.No. . Professional Services 101.42400.301 Transportation 101.42400.330 MOTION BY TO COUNCIL ACTION SECOND BY @\' ~;\ ''1\ \\ \~, :~ '~ l ~ ..,J/ . " ,.....,:,......~.,..,..,--{.._~. ....,..__.~. , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO. Temporary Mobile Home Permit Extension BY: Admin. \~ ' v. Volk " AGENDA SECTION NO. ADD-ON DATE ORIGINATING DEPARTMENT The City Council is requested to approve a 45 day extension for a temporary mobile home permit for the Vickstrom family, 14532 - 7th Avenue N.W. The Vickstrom's home was damaged by fire and will not be ready to occupy until December 31, 1992. The original permit expired on November 15, 1992. Attached is a copy of the Vickstrom's request. MOTION BY TO COUNCIL ACTION SECOND BY ___p ___ .0,' C/fy C'ounc//' , ... . ,_____, __1!e.' ,Te~po~fLf,mob:te.. Home. rpe.~m\t ___. ,from. ~Lc'1C VI c:kBtrom o..nc\ fo.fY\l \~ ____ 14 5~:l '1'U'A\Je.. N. ______ __ ____Un __ Af\OO\le.fn\f\f\' 5'6 30Y . ,. __n__ . ., , ..------,lJ~-,aLe.---asK/~'}3.. Fo~. _Ct.__'-'-SC{Cl..l(_.e.x..f{:nsl'on ...- OY'\-du,c- ffio b; \ e..,_ t\c m e._J.e-em ~ TJ. orl~ \ na.. h n5--fro va.~._ , f,rL~_~in O\J..C_horoft... ~D~t..:.fo _tNhFors:c(',f1,J c 8 CL l___,____ prohl emS _J.v_e.._O-ce,..___Ioe..h: Y\d__.SG. n_cdLll e...___ . C.k~r_eon+rQc-toc_-Plan5t-O haIlG_ou.r_home...___~__ : Euva..bl e.._pl{_D_(.c.._31._'By_r~on _of..:.<:on-tra..c.t_w i~th---:_._ . .A-=-\_roo~L\e.-_\\ol"t\(.,sl,_-thl's._VY\ObL'1 e... homC-..wdLbG___, . . r:'f.mov~cf_fro,rn_our:)o_t_DO}a.-fc c_fho..fLJo-"J ,g~.____. W -t>,_.s i n.c-erJ~__..a..pp C~<:. io..t<"__l{o u..r_.c.ons ideca.:I:/on._ l:n_th,~5_Ma.He.L.. ____,___..:'.._._ .1 \. --~~-------_.,-"--=~~:~=.==-~=~~ptz~._,~=.. ____.____._ou'_'n'___ ,...--1<oIu.:n _U~(JfrY______..__,. _._ , ,~ " . <oJ .;\.. .~..:.. _.,'" '" ' ~., ~_____________"___._______ _._.~. __ .______~ .~__._ _...__..__. ______.__u....__.___._"_ _~." ______ '... . " "~ " . -,"-~____' _ ~ i .___~.,."'.~-.:":._"__ [__.___._.______~________. .__ ___. ___.u___..___ _ ______. _._."u"_ __________. CO U N TY OF j;CC / Ill! 1'2, ANOKA ~ do ~~'..~ ,., Office of the County Board of Commissioners COURTHOUSE ANOKA. MINNESOTA 55303 612-421-4760 November 13, 19 {) E C E nnD' nJ ilJOV 161992 ,- Mr. James E. Schrantz Administrator, City of Andover 1685 Crosstown Blvd. NW. Andover, MN 55304 CITY OF ANDOVER- Dear Mr. Schrantz: Please be advised that the Anoka County Board of Commissioners, at the most recent meeting of Tuesday, November 10, 1992, adopted Resolution #92-140, Resolution Proclaiming Epilepsy Month in Anoka County, a copy of which is attached hereto. Copies of this resolution are being forwarded to all cities and townships within Anoka County in the hope that similar re:solutions from local governments could be adopted in an effort to provide all citizens with a better understanding of epilepsy. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, \~'11~ Tim Yanto~ Deputy County Administrator TY:pd Enclosure cc: Mayor Ken Orttel Affirmative Action I Equal Opportunity Employer "'1 ~- ,-, ,- , BOARD OF COUNTY COMMISSIONERS Anoka County, MInnesota DATE: November 10,1992 OFFERED BY COMMISSIONERS: RESOLUl10N #92-140 Kordlak, Berg, Burman, Langfeld Cenalko, McCarron and Erhart EPILEPSY MONTH IN ANOKA COUNTY WHEREAS, there are more than 100,000 Minnesotans with some form of epilepsy, which is not a disease but a disorder of the central nervous system; and, WHEREAS, these Minnesotans are a significant portion of some 2,000,000 Americans from throughout the country who have epilepsy; and, WHEREAS, 60 percent of those persons who have epilepsy are elementary school age or younger; and, WHEREAS, in Minnesota there Is approximately one child in every other classroom with epilepsy; and, , . , WHEREAS, . epilepsy' is the second most common neurological' disorder' or physical impairment; and, ' WHEREAS, with early diagnosis and attention to medical, social and neurological aspects ' more people will be able to bring their seizures under partial or full control; and, WHEREAS, everyone generally needs more information about epilepsy, its causes and what can be done to help in order to change public attitudes from rejection to understanding and acceptance: NOW, THEREFORE, BE IT RESOLVED that the Anoka County Board of Commissioners does hereby proclaim November to be: EPILEPSY MONTH IN ANOKA COUNlY, BE IT FURTHER RESOLVED that copies of this resolution be forwarded to all cities and townships within Anoka County In the hope that similar resolutions from local governments could be adopted. BE IT FINALLY RESOLVED that through these efforts by governments within Anoka County all citizens will have a greater understanding of epilepsy so that people with epilepsy will be better able to take their rightful place in the mainstream of American society. YES NO District #1 - Berg District #2 - Burman District #3 - Langfeld District #4 - Kordiak District #5 - Cenaiko District #6 - McCarron District #7 - Erhart x X X X X X X Berg Burman Langfeld Kordiak Cenaiko McCarron Erhart STATE OF MINNESOTA ) SS COUNTY OF ANOKA ) I, John 'Jay" McUnden, County Administrator, Anoka County, Minnesota, hereby certify that I have compared the foregoing copy of the resolution of the County Board of said County with the original record thereof on file in the Administration Office, Anoka County, Minnesota, as stated in the minutes of the proceedings of said Board at a meeting duly held on November 10, 1992, and that the same is a true and correct copy of said original record and of the whole thereof, and that said resolution was duly passed by said Board at said meeting. Witness my hand and seal this 10th day of November, 1992. JOHN 'JAY" McUNDEN COUNTY ADMINISTRATOR '~. ~MIDWEST ~GAS ~ 1I,\l<B A MIDWEST RESOURCES COMPANY 401 DOUGLAS STREET. PO BOX 11B SIOUX CITY. IOWA 51102 112,211.1500 James E. Schrantz, City Manager City of Andover 1685 N.W. Crosstown Blvd. Andover, MN 55304 Dear Mr. Schrantz: .' Enclosed please find the Notice of Application of Proposed Rate Increase, Docket G-010/GR-92-710. This notice is being sent to you in compliance with an Order from the Minnesota Public Utilities Commission and is being sent to all governing bodies of municipalities and counties served by Midwest Gas. If you have any questions, please feel free to call me at (612) 754-4130. Sincerely, . ~~~ Division Manager - Minnesota District mw Enclosure BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION Don Storm Tom Burton Cynthia A. Kitlinski Dee Knaak Norma McKanna Chair Commissioner Commissioner Commissioner Commissioner In the Matter of the Application of Midwest Gas, a Division of Midwest Power Systems, Inc., for Authority to Change Its Schedule of Gas Rates for Retail Customers Within the State of Minnesota ISSUE DATE: September 29, 1992 DOCKET NO. G-010/GR-92~710 NOTICE AND ORDER FOR HEARING PROCEDURAL HISTORY On August 14, 1992 Midwest Gas, a division of Midwest Power Systems, Inc. (the Company) filed a petition seeking a general rate increase of $3,309,626, or- 6.2%, effective October 13, 1992. On September, 29, 1992 the Commission issued its Order Accepting Filing and Suspending Rates in the matter. A copy of the Company's rate increase proposal is on file in the offices 'of the Department of Public Service, 790 American Center Building, l60 East Kellogg Boulevard, St. Paul, Minnesota 55101, and is open for public inspection during regular office hours. Copies are also available for public inspection at the Company's office at 1930 Coon Rapids Boulevard, Coon Rapids, Minnesota 55433. FINDINGS AND CONCLUSIONS I. Jurisdiction and Referral for Contested Case Proceedings The Commission has jurisdiction over proposed rate changes under Minn. Stat. 5 216B.16 (1990). If the Commission is unable to resolve all significant issues regarding the reasonableness of the proposed rates on the basis of the filing itself, the Commission is to refer the matter to the Office of Administrative Hearings for contested case proceedings. Minn. Stat. 5 216B.16, subd. 2 (1990). 1 The Commission finds that it cannot satisfactorily resolve all questions regarding the reasonableness of the proposed rates on the basis of the Company's filing. The Commission will therefore refer the matter to the Office of Administrative Hearings for contested case proceedings. ~ II. Proposed Rates The Company proposes rate increases by customer class as follows: Customer Classl Revenue Cateaorv Small Firm (Northern) Firm (Viking) Medium Firm (N) Small Volume Interruptible (N) Small Volume Interruptible (V) Large Volume Interruptible (N) Large Volume Flex Interruptible Flex Transportation (N & V) Other Revenues Cost of Gas Rounding Total Revenues Present Rates $14,957,577 166,872 229,594 726,164 26,694 135,340 (V) 10,910 294,920 273,404 36,388,151 -0- Proposed Rates $18,534,045 . 283,335 184,652 514,648 21,950 91,496 10,567 2l6,337 273,404 36,388,151 -0- $53,209,626 $S6,Sl9,257 The Commission has suspended the Company's proposed rates by separate Order. By further Order, the Commission will direct the Company to place an interim rate schedule into effect. Interim rates are subject to refund if the Commission ultimately orders a lower overall revenue increase than is recovered,through interim rates. Minn. Stat. ~ 216B.16, subd. 3 (1990). III. Issues to be Addressed Parties shall address the following issues in the course of the contested case proceedings ordered herein: (1) Is the test year revenue increase sought by the Company reasonable or will it result in unreasonable and excessive earnings by the Company? (2) Is the rate design proposed by the Company reasonable? (3) Is,the amount built into the Company's base rates for its test year conservation program reasonable, given actual and projected levels of spending? (4) Are the Company's proposed capital structure and return on equity reasonable? 2 The parties may also raise and address other issues relevant to the Company's proposed rate increase. IV. Procedural Outline A. Administrative Law Judge The Administrative Law Judge assigned, to this case is Allen Giles. His address and telephone number are as follows: Office of Administrative Hearings~ Suite 1700, 100 Washington Square, Minneapolis, Minnesota 5540l-2138; (6l2) 349-2543. B. Hearing Procedure Hearings in this matter will be conducted in accordance with the Administrative Procedure Act, Minn. Stat. SS 14.57-14.62 (1990); the rules of the Office of Administrative Hearings, Minn. Rules" parts 1400.5100 to 1400.8400; and, to the extent that they are nqt superseded by those rules, the Commission's Rules of Practice and Procedure, Minn. Rules, parts 7830.0100 to 7830.4400. Copies of these rules and statutes may be purchased from the Print Communications Division of the Department of Administration, 117 University Avenue, St. Paul, Minnesota 55155; (612) 297-3000. Under these rules parties may be represented by counsel,may appear on their own behalf, or may be represented by another person of their choice, unless otherwise prohibited as the unauthorized practice of law. They have the right to present evidence, conduct cross-examination, and make written and oral argument. Under Minn. Rules, part 1400.7000, they may obtain subpoenas to compel the attendance of witnesses and the production of documents. Any party intending to appear at the hearing must file a notice of appearance (Attachment A) with the Administrative Law Judge within 20 days of the date of this Notice and Order for Hearing. Failure to appear at the hearing may result in facts and issues being resolved against the party who fails to appear. Parties should bring to the hearing all documents, records, and witnesses necessary to support their positions. They should take note that any material introduced into evidence may become public data unless a party objects and requests relief under Minn. Stat. 5 14.60, subd. 2 (1990). Any questions regarding discovery under Minn. Rules, parts. 1400.6700 to 1400.6800 or informal disposition under Minn. Rules, part l400.5900 should be directed to Anu Seam, Special Assistant Attorney General, 780 American Center Building, St. Paul, Minnesota 55101; (612) 296-0413. 3 The times, dates, and places of public and evidentiary hearings in this matter will be set by order of the Administrative Law Judge after consultation with the Commission and intervening parties. C. Intervention Persons wishing to become formal parties to this proceeding shall promptly file petitions to intervene with the Administrative Law Judge. They shall serve copies of such petitions on all current .parties and on the Commission. Minn. Rules, part 1400.6200. D.' . .Prehearing Conference A prehearing conference will be held in this matter on Monday, October 12, 1992 at 1:30 p.m. in the Large Hearing Room, Public Utilities Commission, American Center Building, 160 East Kellogg Boulevard, St. Paul, Minnesota 55101. P~rsons participating in the prehearing conference should be prepared to discuss time frames and scheduling. Other matters which may be discussed include the locations and dates of public hearings, discovery procedures, arid similar issues. E. Time Constraints The Commission is required to act on the Company's filing within ten months, or the proposed rates are deemed approved. Minn. Stat. S 216B.16,subd. 2 (1990). This ten-month period can be extended for two months, if the parties submit a settlement which is rejected by the Commission. Minn. Stat. S 216B.16, subd. 2 (1990). The Commission asks the Office of Administrative Hearings to conduct contested case proceedings in light of these time constraints and requests that the Administrative Law Judge submit his final report by April 14, 1993, to allow the Commission adequate opportunity for thorough consideration of the case. F. Application of Ethics in Government Act The lobbying provisions of the Ethics in Government Act, Minn. Stat. SS 10A.01 et seq. (1990), apply to general rate cases. Persons appearing in this proceeding may be subject to registration, reporting, and other requirements set forth in that Act. All persons appearing in this case are urged to refer to the Act and to contact the Minnesota Ethical Practices Board, telephone number (612) 296-1720, with any questions. G. Ex Parte Communications 4 Restrictions on ~ parte communications with Commissioners and reporting requirements regarding such communications with Commission staff apply to this proceeding from the date of this Order. Those restrictions and reporting requirements are set forth at Minn.~Ru1es, parts 7845.7300-7845.7400, which all' parties are urged to consult. ORDER 1. A contested case proceeding: shall be held on the Compimy" s proposed rate increase. The 'proceeding shall begin with a Prehearing Conference on Monday, October 12, 1992 at 1:30 p.m. 2. This Order will be served on the Company, which shall mail' copies of the Order to all municipalities and counties in its" service area and to such other persons as the Department of ' Public Service may request. 3. Public hearings shall be held in this matter at locations within the service area of the Company. 4. The Company shall give the following notices of the evidentiary and public hearings: . a) Individual written notice to each customer, which may be in the form of a bill insert, and shall be served at least ten days before the first day of hearings. b) Written notice to the governing bodies of all municipalities and counties in the area affected and to all parties in the Company's last two rate cases. These notices shall be mailed at least ten days before the first day of hearings. c) Display advertisements in legal newspapers of affected counties and other newspapers of general circulation within the Company's service area. These advertisements shall appear at least ten days before the first day of hearings. They shall include the heading RATE INCREASE NOTICE, which heading shall appear in bold face type" no smaller than 30 points. d) The above notices shall contain the information required in Minn. Rules, part 7830.3200, subp. 2. The Company shall submit proposed notices for Commission approval prior to publication or service. 5 , 5. The Commission authorizes the Executive Secretary to enter Orders on behalf of the Commission varying time requirements for the filing of pleadings and other documents and determining the conduct of this proceeding, according to the standards set forth in Minn. Rules, part 7830.4400; Any party adversely affected by such an Order may file a motion for reconsideration, vacation,- or modification, no later than ten days from the date of its entry or one day before any filing deadline or occurrence of an act directed in ,such Order. Such motions will be heard by the Commission. 6. This Order shall become effective immediately. (S E A L) . " 6 BEFORE THE MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS Suite 1700 100 Washington Square Minneapolis, Minnesota 55401-2138 ~ FOR THE MINNESOTA PUBLIC UTILITIES COMMISSION 780 American Center Building 160 East Kellogg Boulevard St. Paul, Minnesota 55101 In the Matter of the Application of Midwest Gas, a Division of Midwest Power Systems, Inc., for Authority to Change Its Schedule of Gas Rates for Retail Customers Within the State of Minnesota MPUC Docket No. G-OlO/GR-92- 710 OAH Docket No. NOTICE OF APPEARANCE Name and Telephone Number of Administrative Law Judge: Allen Giles (6l2) 349-2543 TO THE ADMINISTRATIVE LAW JUDGE: . You are advised that the party named below will appear at the above hearing. NAME OF PARTY: ADDRESS: TELEPHONE NUMBER: PARTY'S ATTORNEY OR OTHER REPRESENTATIVE: OFFICE ADDRESS: TELEPHONE NUMBER: SIGNATURE OF PARTY OR ATTORNEY: DATE: 7 Proposed Notice to Counties and Municipalities Served by Northern Natural Gas Pipeline Under Minn. Stat. ~216B.16(1) BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION STATE OF MINNESOTA . In, the Matter of .thePetition of Midwest Gas, a Division of Midwest Power Systems Inc. for Authority to Change its Schedule of Natural Gas Rates for Retail Customers Within the State of Minnesota ) ) ) ) ) ) ) NOTICE OF APPLICATION FOR RATE INCREASE Docket G-010/GR-92-710 On August 14, 1992, Midwest Gas, a Division of Midwest Power Systems Inc. (Midwest Gas), filed notice of an increase in its natural gas rates with the Minnesota Public Utilities Commission (Commission) pursuant to Minnesota Statutes ~216B.16. Midwest, Gas proposed a schedule of new rates to take effect on October 13,1992. '. If the Commission suspends the effective date of the proposed rate request, as permitted by Commission rules, Midwest Gas is requesting that a portion of the increase be placed into effect on an interim basis beginning on October 13, 1992. The Commission must make a decision on the full rate request by June 14, 1993. : If the,.final rate level is less than ,the ,interim rate level, the difference between the interim rates and final approved rates, plus interest, will be refunded to customers in a manner to be specified by the Commission. , .. Midwest Gas' full proposed rates will generate '$3,309,626 in additional revenues, or an approximate 6.2% increase in annual gross revenues. Examples of the effect of the proposed and interim increase on typical bills are shown below. Individual changes may be higher or lower depending on the actual usage of natural gas. Northern Natural Gas Residential Commercial Average monthly gas usage Current monthly cost Monthly cost (interim rates) Monthly cost (final rates) 89 therms $ 41. 47 $43.25 $44.62 365 therms $159.2l $165.08 $l70.60 . ' As part of this filing, Midwest Gas is proposing to combine rates for all of its customer classes in Minnesota. This change, however, will not be implemented unless approved by the Commission in final rates. The Statf of the Department of Public Service will conduct an investigation of Midwest Gas' books and records. A public hearing will be scheduled by the Public Utilities Commission. Public notice of the hearing dates and locations will be published in the local newspapers in Midwest Gas' service areas. The proposed rate schedules and a comparison of present and proposed rate, schedules may be exami~ed, by the public during normal business hours at the Department of Public Service, Seventh Floor, 790 American Center Building, 160 East Kellogg Boulevard, St. Paul, Minnesota 5510l; and Midwest Gas' Office, 1930 Coon Rapids Boulevard, Coon Rapids, Minnesota 55433. If you wish to intervene or testify in this case, contact the Minnesota Public Utilities Commission, 160 East Kellogg Boulevard, St. Paul, Minnesota 55101. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. ADD-ON " DATE ORIGINATING DEPARTMENT November 17, 1992 ~5M Approve Revised Grading . Plan/Kob's First Addn. BY: Andover Review Committe B OR The City Council is requested to review and approve the revised grading and drainage plan for Kob's First Addition. The developer has requested a change to allow the minimum basement floor for Lot 4, Block 1 to be lowered to an elevation one foot above adjacent 100 year pond elevation or 3 feet above the highest known recorded water table, whichever is higher. The Andover Review Committee has reviewed the revised grading and drainage plan and is recommending approval. The grading and drainage plan is available in the Engineering Office. MOTION BY TO COUNCIL ACTION SECOND BY . ~. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the fo~1owing: A RESOLUTION APPROVING THE REVISED GRADING AND DRAINAGE PLAN OF KOB'S FIRST ADDITION AS BEING DEVELOPED BY KENNETH M & BEVERLY A. KOBS IN SECTION 08, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised grading and drainage plan; and WHEREAS, Resolution No. 123-91 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading and drainage plan with a revision date of November 16, 1992. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading and drainage plan. Adopted by the City Council of the City of Andover this 17th day of November , 1992 . CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. ADD-ON DATE' ORIGINATING DEPARTMENT " November 17, 1992 ~5MApprove Maintenance & . Restoration Agreement BY: Jim Schrantz Admin. The City Council is requested to approve the attached Maintenance and Restoration Agreement with Anoka County. The Staff has agreed that the City will maintain the construction area during the winter. We have discussed having the section of Andover Boulevard from Crosstown Boulevard to Hanson Boulevard turned back to the City at which time the County would allow funds to bring Andover Boulevard up to standard and the City would construct the street as a MSA Street. I recommend approval of the agreement. Attached: Agreement MOTION BY TO COUNCIL ACTION SECOND BY ...~ " ..~C'.lC'~"~~<IlI J 1 I COUNTY OF ANOKA Department of High,,'ays Palll K. Rlll/d, Highway Engineer 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520 November 4, 1992 ruE'C-Er\! Ell-" 1\\ ,'iO, 61992._ U CITY OF ANDOVER James Schrantz City Administrator City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: Joint Powers Agreement for Maintenance and Restoration of a Portion of Andover Blvd. Dear Jim: Enclosed for your perusal and signature are an original and two copies of the above-referenced joint powers agreement between the City of Andover and Anoka County. Please have all copies executed by designated personnel from Andover and returned to me for additional processing by Anoka County. A fully executed copy will then be sent to you for your files. Thank you for your cooperation in this matter. Sincerely, ~~y-- Roy Humaert Contracts Administrator Affirmative Action I Equal Opportunity Employer Contract No, " JOINT POWERS AGREEMENT FOR MAINTENANCE AND RESTORATION OF A PORTION OF ANDOVER nOULEVARD THIS AGREEMENT is made and entered into this _ day of 1992, by and between the County of Anoka, a political subdivision of the State of Minnesota, 325 East Main Street, Anoka, Minnesota 55303, hereinafter referred to as the "County," and the City of Andover, 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304, hereinafter referred to as the "City." vf~~'~ ~ WHEREAS, the City is in the process of installing a sewer extension line within the right-of- way of County State Aid Highway No. 16 (CSAH No. 16) from Hanson Boulevard to Crosstown Boulevard, the plans for which are on me of the office of the Anoka County Highway Engineer; and WITNESSETH: WHEREAS, the extension of the sewer line will require that construction occur within the right-of-way of CSAH No. 16; and WHEREAS, the completion of the improvements will occur sometime in the summer of 1993 and, as a result thereof, CSAH No. 16 will not be restored to its original condition until such time, and the parties hereto desire to provide for the maintenance of CSAH No. 16 during the ti~e the City will be working within the right-of-way. NOW, THEREFORE, it is mutually stipulated and agreed: I. PURPOSE: The City agrees to and shall assume all responsibility for the maintenance of CSAH No. 16 from Hanson Boulevard to Crosstown Boulevard including but not limited to maintenance of the road surface, snow removal, and traffic control services from October 1, 1992, through the completion of the extension of the sewer and water lines in the County's right-of-way, which shall be completed by not later than September 1, 1993. II. METHOD: The City shall cause the construction of the extension of the sewer and water lines within the County's right-of-way and the City shall be solely responsible for the costs thereof. The construction shall be undertaken and completed in accordance with the plan and specifications on file in the office of the Anoka County Engineer. Upon completion of the construction of the sewer and water extension line, the City shall restore CSAH No. 16 to the condition it was in prior to construction, the cost of which shall be the sole responsibility of the City. Restoration of CSAH No. , 16 shall be 'completed by not later than September 1, 1993. III. TERM: This Agreement shall continue until (1) terminated as provided hereinafter, or (2) until the construction provided for herein is completed, whichever of (1) or (2) shall first occur. IV. TERMINATION: This Agreement may be terminated by the County at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the City. V. INDEMNIFICATION: The City shall indemnify, defend, and hold harmless the County, including its elected officials, employees and agents from any claims, losses, costs, expenses or damages, including attorneys fees, resulting from the installation of the sewer extension line within the right-of-way and/or maintenance of the roadway as provided for herein. VI. ENTIRE AGREEMENTIREQUIREMENT OF A WRITING: It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. - 2 - IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below. / COUNTY OF ANOKA CITY OF ANDOVER By: Dan Erhart, Chairman County Board of Commissioners .' By: Name: Dated: Title: ATTEST Dated: By: John "Jay" McLinden County Administrator By: Name: Dated: Title: :C~?L~:;AL Paul K Ruud Coun,;;"'" Dated: /1 :4ft.-<' I Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney ( Dated: d~~ntract~hI64p, - 3 - **************************************************************** *~************************************************************~. ~~ .. ~~ .. ~~ .. ~~ .. ~~ .. ~~ .. :: WHAT'S HAPPENING? :: ~~------ ____n -9: ($ - ~~ ~~ .. ~~ November 17, 1992 .. ~~ .. ~~ .. ~~ .. :: - I have attached an ad for a Council vacancy :: ~~ similar to the ads used in the past. .. ~~ .. ~~ .. :: The Council should set the dates to :: ~~ advertise, the closing date and possibly .. :: establish an interview date. :: ~~ .. ~~ - , .. ~~ The hlring of the Code Enforcement person is not .. :: on the agenda. We will be interviewing on :: ~~ Monday, November 16th and plan to have a .. :: recommendation for the meeting of :: ~~ the 17th. .. ~~ .. ~~ .. :: We request to have this added to the agenda. :: ~~ .. :: - Comp Plan is going to the MCDC on November 30, :: ~~ 1992 and before the Metro Council on .. :: December 17, 1992. :: ~~ .. :: - Staff would like to set up a work session to :: :: discuss the Water & Sewer budget, go over :: ~~ the salary schedule with Cy Smythe and also go .. :: over the budget to establish a Control Equipment :: ~~ Maintenance fund. .. ~~ .. ~~ ... :: Daryl would like to discuss the benefit of the :: ~~ service funds with the Council. .. ~~ .. ~~ .. .~~ .. ~~ .. ~~ .. ~~ .. ~~ .. ~~ .. ~~ ... ~~ .. ~~ .. ~~ .. ~~ .. ~-lO- .r ... <<~ ... <<~ .. <<<< .. <<~ .. <<<< .. <<~ .. . <<<< .. <<<< .. <<<<, .. <<.*************************************************************. ......................................~~~~...~.~..~~...~.~~.~..~ CA CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 CITY COUNCIL VACANCY The City of Andover will be accepting applications from residents 18 years of age or older interested in filling an unexpired term (2 years) on the City Council. Applications will be accepted until 4:30 P.M., , , 19 and should be addressed to City Administrator, City of Andover,-rb85 Crosstown Boulevard N.W., Andover, MN 55304. . . , DATE: November 17, 1992 ITEMS GIVEN TO THE CITY COUNCIL Special City Council Minutes - November 3, 1992 Regular City Council Minutes - November 3, 1992 Park and Recreation Minutes - November 5, 1992 Special City Council Minutes - November 5, 1992 Letter from Bill Hawkins - November 5, 1992 Fire Department Information Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK yOU. t \ LAW OFFICES 01' 10 CC- II /17/ tj~ RUfKe and ..HawKins JOHN M. BURKE W1LLlAM G. HAWKINS SUITE 10' 299 COON RAPIDS BOULEVARD COON RAPIDS. MINNESOTA 1515433 PHONE (612) 784-299B November 5, 1992 Mr. James E. Schrantz Andover City Hall 168'> Crcssto"ln Blvd. Andover, MN 55304 Re: Councilmembers Salary Ordinance Dear Jim: Pursuant to the City Council's request I did further research on the issue of the effective date of the Council's salary reduc- tion ordinance. You will recall at the meeting that I indicated that under Minnesota Statute 415.12 no change in salary can take effect until the next succeeding municipal election. I have been unable to find any decisions or authority that would allow this ordinance to take effect before the November 1994 election. The statute clearly says "no Change in salary" which would indicate either an increase or a decrease. While it would seem permissible for a city council to lower the salary, I neverthe- less could foresee a potential abuse of the situation. A city council who had members defeated could pass an ordinance reducing the salaries of councilmembers and mayors to zero effective immediately. The new city councilmembers then would not be able to increase their salaries until after the next municipal election. While this may be an extreme example of abuse 1n reduction of salaries, nevertheless, it illustrates perhaps why the language was placed in the statute. Accordingly, I believe the effective date of this ordinance should be changed appropriately. If the Councilmembers have any further questions, they may feel free to contact me. scer:,y, ~G. Hawkins WGH:mk INn; NO. INCIDENT ADDRESS . '1J..)'blf>~ h k~rCl..J. €;d<IUt3.1 7:J.J 61 Lf7.r I S"'f ~ 0..-..-... 7.1J.b~ /13J.. J37......~ . "'. 'jJ,2llJ 15300 Prl1..r;e,. gd. 9.1J.65 ;).jJ't I}$'+-- ~ ~ 5~0 Nb~~ '1).~(,G." '. '1).).0 13'1~ crOS)+o""...... 9 :J..1[,.i' 13 (I +- EJ I... k: ~I"d C,)'H~ 1:;'-'). <<...~ ed L./<.q}Jvd 'iJ.::l7D . j 9D3 . . ." "17.;1. ~ 1 s-1~ ~ .. . G- 'Ll..c.. r" '" : . '1 J.1'7/ 51.lf . 'i J.. 2. 7), J if " '5 I 'iLJ 13 J3 'I 0:; iI eo.:i:h e r S f:- 9:l~'J1 '7).) n ~ D.Y~ . 'f ). )..Y5 "'. . . '" ..;,--..: : . FIRE TONE C.l\LL. SHEET Andove~ ~iro De~artment TYPE OF . I SITUATION DATE ..' '.... . . ''1;'' 1/""J. .h.j "-,'( I \'-../1 ~ . '-'1 Gco.! ::r.......-!f.,.{;. '1/Jq' tJ..sh """-h..~ ..S",.k','1 q/3D '\i'; _.;.' Co..(' h:-f +(~e..' 10/1 /0/ , ; l..in-<... dew",- ~s t,^-"k. /c...J( IO/..; .~ CLu-Co r. L /0/ l/ . . r. L p. /D/ l.^"'.O .L ..,.) . 0.. I.. &0 f. L . 11,/ ~ lOll' /OJ J' . 10/ J> - ..-.-' .-,','-4.:' 9 ):ntjt C (,d."e. sf A~d (O',~ke(' . .., ". .. 9 ::lJ.75 J 33-- ",'-.:..1' i~ <l.l..k ~1.J . .... .. ," 'j:U.71:. Jlfcj(,lf !!d LkTIJud. St>1ok.e.. .... '.' Cj:;J.1 n _).:J/7 oS c.o,>" c.r-t"k. Dr. . . '1J-.2.7:i ;;'sLtJ ~,,-,,-k<l~ Lk Blue!. "1c...."'A.c.~ r..(~ c;'J,. :n~ J) 55.?- 11", C' c.'; c:.S ,,')" j k (.. P. L I DIlL! Y,).~l(O 3 (11tl 4)UMl<~"LK' Clu..+o G>.I: 10/15 ,:.;,... '. .. /3i~& CrlJs}-l-ow~ Child +<.i! 1011'" J ~lfD/!;;}7f';\. Ch:,~ hl:./.r.{~ IO/lb 9J,..1.YJ ')ilfj J'/9~ L..... . .{:'.,e. AIM........ '()117 .. . ~', 1 3? J f:- 12d Lk. CbILla . ~ ~(" f. (e.. IDlli . . I ~ 00 I c...r tie. l.1. s.:.-. s.f. /'tJ k (.. /0/ If, .' - 'r;), _' 9 )..2.YL /1 ~ '" Sa v:-,:.-'c.. e .L'o I}/ ~"'- h.> Po L /oll~ 7::nn IVf :n~'h~~!.~'~'6/~J '7-.>'f~Ct I H..... IOlt". . " .. . ,,;'. ""."',',," . ll.1.J>Y ;21 t/CtH l..~: +jr~ C{{Ar..... 11)1;'0 . . P).89 )~?>~ (be:.:i:.k~". ~k Ct""l:-o {i. /1J/;2(J C. h c.~'(- f",;., s-l 0.... ,,,). f,.,lk. A I A .. ""'- - "<;.....,. ,-. a.", to P. :c!,. ""/ 'I 10/ I/O 10/ 10 /0/ " .,~, tLt<.1: o' p..I.. ~/o/ it 16); J.. al<..t-o Po L a.. t<. i- 0 P. L4 .~o . J .:','. .. . '. . :../;q<;, . I". . ;ivY 1 .2)".'1" }.: . . ...... .' 13 / .'.". .. .,'. ::1 b ')":'i./..i;. ,.> ;' Pl'l:',;.' ...-5-.,;.::::.::;;::: . 1"7; 0..4' D\t?tW J)"~':,\;~:, :';'1' :>'i.t:::;.}:," .:i:'- 19:17 N'c';;,~i '/ff" ..' } .:.,... :" ''1:'1/ N;',"~ Ill:: . J ....... . 8:0'" D- '" ":;"'Y:1-' .' '. c:\' '.1_2.".',...,,,, I,) : Cf 5 (Y" ,.;.~ J it .7;1- .'. . , . '- ',... .:.'./............,. ':'.'iX~:'.'.:: " .,....... '. (y.h, "-:~~..,':";~;.I.~'"O..:;. ' - lit"; &.7 . .': IV .:....:.:... ~.~ . ;.~.. I ~ ~<""7:;' I "J'qC ..::"~. .....,.." .~"';:>:'.: . 7 ,J-V ,;' O.~.;';, ,\_~;";~,, "\:":' ,...',- "n~';.,? ":f'< .... " ,<, h:5J.;:0..' ').7 .,:/ '. ". 1 So' fl{ . J7:J3 '1 :02 I?: J'l 17;01 }J. ~"J' J7:0~ :23;5'", 16: V/} P,; . W!:... . . ,~, V ;',".:' p,. . D. ,..,,,'.... ."'.,;;,: D.,,;.;< ~;"":.:: "." f) "> J):S3'N .. . .... ,',"'.,;.' ObS} ,.D:", ~ II $ LOSS r /'1 . . . '. It{ I ": . ')::>:.' '. :-~;.' ..' . L;. .'. .' ~. . .:;~ , INCI. INCIDENT NO. ADDRESS -.-- - 'f.1 .1. 'i (: I 'I";. J (, I. ~ L l( " I" J ...--___n ,'U-'!:-'J..!. ,~2:2) oJ.; ~ ,- - r~~~:..." Q ,1 '/.1.1'7.2 /1 II .... '> '- '., Lv r.l /I I, - IS:' .:; ~ G'l' t, , r, { (l J '; 11 '1j "-- --------. )' 2. 'L'j'l 11/5 ~/O r"I\.-.'<. st 711. <(,5 170/7 71190 j).()O 11~'j7 111",0/ - 'i L 1..~J' '7! I" - u (, 1/ '-I l), ,.) l);r /&/ H' S:lv<r"d I L:> (L",'-'L ~' L 2. '1 '1 i; 7 .) 'I Q ,', ._ " s i: '( 1.S Ll / 5 S 3.1. n, '! h f; .. 1" I e.. 1.1 3CI S', ~I /6 {; (,'^-<.._ '/ ).. } ~ ~ H"" '> "., - ~., '" ~ { ,- '11 ~C.) ~I 1 ~ (: 1/ -.--- - '/ 1. I"~ ') ....------ ----- ~l__~__~" L " 1. :> ~ 7 I.L .'> ,? '/ J,. ;"'i --- "--- '/ 1. ~ Il, '( .J. 5 I ( I J~11. '/.1 J '.5 'f 1 \, 'I ) 1 315 .- '11 \, (, - -- ----- ~ ).. ~'1 l~[ FIRE TOt:~ L^LL Sii~~'i" Andover firo Departmant TYPE OF NO. uouns B I TUA'1'l uN DATE TIME ...B.Hlf'T ,; naND SPENT h1tJ.,c I 10, ~. D'f '-''G)IJ~! rd, . J ,. , ;, t . , . '1~':-1'f/ /.,.1:1- ~011 (, L' ( " lv/ {f, 3 t, N .-12- ~, 1- (0/; 3 """{ .In. 17' 31_ D ).0 --~y oDe; r ,,' ~ '" / S, /'1 0 IlL / U( .2.1.. .J " $ LOSS ------ -------. Un"-", I "0 ""2C,[ k/!';.1." ~ l.. r",.. h '1 'i '01 +:"'-'<'(.)/('1':" '/2;" iS471 () /r j- ::L ::J_ 0 J / '7 / I ~ j..- :;L :J, 1)..1... 1'<' I 9 I 1--- 7 / I 1 ~. 'I :;. () (J(. 16'; 0 I IV Sh.,,,h, e ,~ ~ .e" 10j I). if .)0;01 IV L.;fr" C'. jJ(.f' \ "<' ic( 1.1-5 io' .lJ... D ~hed f..t. lOt ).. (., /3. ':, ). D 10/ /9 N SM"ke.."'''r<c~I';'(' .VS (' (' - f vI" '" I II ..l Cj 0 \.,.0 c, V' r" ~ -- I I. _7-;,.'(, (l(ar..... t"/,lJ'I.J3S<'( D 13.-.../.( <., u~ ~" '"/30 lb' 5 '1 J) -'--1-- .- I I I . , ----1,------ --- .--.---.--- '.---- ',--" , ! i < MINUTES OF THE ANDOVER OFFICER MEETING ON OCT. 13 TH ,1992 PRESENT : D. MASHUGA, P. GENGLER, K. STARR, GLEN SMITH M. NEUSCHWANDER,RA Y SOWADA, J. PIERSON , LATE : D. REITAN ABSENT: M. SCHILLING, J. RICHARDSON SECRETARY: D. SZYPLINSKI MINUTES OF SEPT 8TH TO APPROVE SECONDED BY PAUL CORRECTIONS: QCJ ~ '.Q MOTION Bb~VIN Q ~ : .~. CALLED TO ORDER : 7:07 PM ITEM 1. ) APPROVAL MINUTES ITEM 2.) OPEN FORUM CHERYL: INFECTION CON1ROL PROORAM UPDATE, OUR STANDARD NEED TO BE UPDATED, SHE FELT TIIAT TIlE SAFE1Y OFFlCER SHOULD BE IN CHARGE OF SAFETY GEAR. UPDATED US ON NEW TYPE OF GLOVES. MOTION BY JIM SECONDED BY MARK TIIAT WE DO NOT HAVE TIlE TESTING TO SEE IF TIlE SHOTS WHERE EFFECTIVR MOTION PASSED ITEM 3.) STAFF RESOURCE COMMITTEE ( TOM MILLER) '" NEW FORMS FOR LEAVE OF ABSENTS (STIlL WORKING ON) '" RECORD SHEET OF ALL ITEMS TIIAT ARE GIVEN OUT TO ALL NEW RECRillTS AND CURRENT FlRE FlGHTERS. ( CAPTAINS STIlL WORKING ON, ) '" OPTIONS FOR RECOVERING COST OF SCHOOLING OR TEST GIVEN TO RECRillTS TIIAT DO NOT STAY ON, ( STIlL WORKING ON) '" PERSONNEL COMMIITEE RECOMMENDS TIIAT ALL NEW RECRillTS WAIT A 3 MONTIi PERIOD AND DO A IN HOUSE PROGRAM FlRST, ( STIlL WORKING ON) '" NEW RECRillTS DO NOT RECOMMEND ACTIVE STATUS FOR KEVIN R AT TIllS TIME RECOMMEND ACTIVE STATUS FOR DICK S. ITEM 4.) TRAINING ( P. GENGLER) '" EMS IS BEING HANDLED BY DAVE R. '" TRAINING COMMITrEE IS WORKING ON A NEW SCHEDULE , HEM 5,) EMS ( J. ANDERSON) (NOT ATTENDING) .. WORKING ON AGIUTY TEST FOR RESCUE RECRUITS, .. MEDICAL DIRECTOR POSITION DR ALBRECT IS MOVING, (JAN) .. SOP FOR DEFIB AND MAST TROUSERS REVIEW AND APPROVE .. DISCUSS RESCUE SET UP DURING LARGE EMERGENCY'S ITEl\f 6.) FIRE MARSHAL ( J NOYES) .. REVIEW SOP FOR SPRINKLED BUILDINGS APPROVED .. REVIEWED SOME MORE PREPLANS ITEM 7.) GO OVER SOP BOOKLET THAT WAS HANDED OUT AT LAST MONTHS MEETING. ONE PER STATION. ITEM 8.) * HOW DO WE GET BETTER ATTENDANCE AT MEETINGS. STILL WORKING ON ~, .. ITEM 9,) RAY KOONS 'f. MOTION BY PAUL, SECONDED BY MARK TIIAT RAY BE ALLOWED TO MOVE FROM STATION #3 TO STATION #1 MOTION PASSED ITEM 10.) OLD BUSINESS .. KEEP IN MIND TIIAT THE STATIONS BELONG TO TIm ENTIRE COMMUNITY .. WORKING ON STATION RESPONSE ITEM 11.). NEW BUSINESS .. NONE ITEM 12.) CHIEFS REPORT .. DISCUSSED ABOUT TRUCKS THAT ARE OUT ON REFIRE. TIm OFFICER GROUP VOTED TO GIVE THE COMPANY ONE WEEK TO COMPLETE ENGINE 3 AFTER HE RECEIVES IT, .. GOING TO CHIEFS CONVENTION .. LOOK OVER YOUR BUDGETS .. JOYCE HAS BEEN ASSIGNED 2 PREPLANS PER MONTH ITEM 13.) NEXT MEETING NOVEMBER 10TH 1992 MEETING CLOSED AT 9:30 PM MOTION BY SECONDED BY MARK PAUL : THAT THE MEETING BE CLOSED. MOTION PASSED RESPECTFULLY SUBMITTED BY DAVID L. SZYPLINSKI J' AGENDA OF THE ANDOVER OFFICER MEETING ON NOV. 10 TH ,1992 PRESENT : D. MASHUGA, P. GENGLER, K. STARR, GLEN SMITH M. NEUSCHWANDER,RAY SOWADA, J. PIERSON D. REITAN, M. SCHILLING, J. RICHARDSON LATE: ABSENT SECRETARY: D. SZYPLINSKI CALLED TO ORDER: PM ITEM 1.) APPROVAL MINUTES MINUTES OF OCT. 13 TH MOTION BY SECONDED BY CORRECTIONS: TO APPf.}VE ~\00 ~fJ .,,~f) ~( TOM MILLER) ',' ITEI\I 2.) OPEN FORUM ITEM 3,) STAFF RESOURCE COMMITTEE * NEW FORMS FOR LEAVE OF ABSENTS (STILL WORKING ON) * RECORD SHEET OF ALL ITEMS TIIAT ARE GIVEN OUT TO ALL NEW RECRUITS AND CURREN!' FIRE FIGHTERS, ( CAPTAINS STILL WORKING ON, ) * OPTIONS FOR RECOVERING COST OF SCHOOUNG OR TEST GIVEN TO RECRUITS TIIAT DO NOT STAY ON, ( STILL WORKING ON) * PERSONNEL COMMITTEE RECOMMENDS TIIAT ALL NEW RECRUITS WAIT A 3 MONTH PERIOD AND DO A IN HOUSE PROGRAM FIRST, ( STILL WORKING ON) ITEM 4.) TRAINING ( P. GENGLER ) ITEM 5.) EMS ( J. ANDERSON) (NOT ATTENDING * WORKING ON AGIUTY TEST FOR RESCUE RECRUITS, * MEDICAL DIREcrOR POSITION DR. ALBRECT IS MOVING. (IAN) * SOP FOR DEFIB AND MAST TROUSERS REVIEW AND APPROVE * DISCUSS RESCUE SET UP DURING LARGEEMERGENCY'S ITEM 6.) FIRE MARSHAL ( J NOYES) . ' ITEM 7.) STATION RESPONSE ITEM 8.) :I: HOW DO WE GET BETTER ATTENDANCE AT MEETINGS. STILL WORKING ON ITEM 9.) OLD BUSINESS ITEM 11.). NEW BUSINESS ITEM 12.) CHIEFS REPORT ',' ITEM 13.) NEXT MEETING DECEMBER 15,TH 1992 MEETING CLOSED AT PM MOTION BY SECONDED BY : THAT THE MEETING BE CLOSED. MOTION PASSED RESPECTFULLY SUBMITTED BY DAVID L. SZYPLINSKI RurKe aNd .HawKiNs 10 L c;,!,t.1/Q ~p';i~- II I!!:--- l-O tulT<7 LAW OFFICES OF JOHN M. BURKE WILLIAM G. HAWKINS SUITE 10. 299 COON RAPIDS BOULEV ARC COON RAPIDS, MINNESOTA 55433 PHONE (612) 784-299B R ::~ll-~2E~- ,~ November 13, 1992 CITY f)r' ,~,,.."",....... I I Mr. James E. Schrantz Andover city Hall 1685 Crosstown Blvd. Andover, MN 55304 Re: City of Andover vs. Hank Weidema Excavating, Inc. Dear Jim: I have received a letter from the attorney for Weidema Excavacting regarding the outstanding claim that the city has for their failure to enter into the contract on Project 92-8 Pinewood Estates. They have offered in settlement only to pay one-half of the bid bond which was for $6,905.38. In other words, they are offering to pay approximately $3,500.00 in settlement ,or a claim. Please place this on the city council agenda for a closed meeting to discuss this offer. I would suggest that the City Engineer, John Davidson, be present at the meeting. ~y, tilliam G. Hawkins WGH:mk cc: Mr. John Davidson ~ FABYANSKE, SVOBODA, WESTRA, DAVIS & HART A PROFESSIONAL ASSOCIATION B.C.HART M. T. FABYANSKE GERALD L. SVOBODA MARK W. WESTRA ROBERT L. DAVIS ..JEREMIAH oJ. KEARNEY DENNIS J. TROOIEN SCOTT LLOYD ANDERSON PAUL L. RATELLE GREGORY T. SPAW DEAN B. THOMSON GARY C. EIDSON CARRI E A. GREEN 1150 MINNEAPOLIS CENTRE 920 SECOND AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55402 TELEPHONE 1512-338-0118 TELECOPIER 612-338-3857 DWIGHT G. RABUSE: KYLE: E. HART JUDITH E. KROW HOLLY A. R. HART STEF'HEN A. MELCHER PAUL T. MEYER GREGORY D. DITTRICH RICHARD G.JENSEN THOMAS oJ. TUCCI CHARLES G. CARPENTE:R III PRISCILLA MCNULTY MARY SUE M.VQRBRICH 1210 MINNESOTA WORLD TRADE CENTER THIRTY EAST SEVENTH STREET SAINT PAUL, MINNESOTA 55101 TELEPHONE 812-228-0115 TELECOPIER 612-228-0734 RE:PLY TO: November 5, 1992 St. Paul FOR PURPOSES OF SE'lTLEMENT NEGOTIATIONS ONLY Mr. William G. Hawkins Burke and Hawkins 299 Coon Rapids Blvd., #101 Coon Rapids, MN 55433 Re: City of Andover/Weidema Excavating, Inc. Dear Mr. Hawkins: Thank you for talking to me last week about the possibility of settling this dispute. After our telephone conversation, I reviewed the file, plans and specifications, and correspondence between you and Marv Fabyanske. My investigation leads me to conclude that there shouldn't be anything to settle. I can't imagine how you could convince a jury that the City is entitled to anything from Weidema. I don't want to rehash everything Marv Fabyanske said to you in his letter, and everything you said in your reply. However, I think that a couple of points need to be emphasized: I. You seem to imply that Weidema was responsible for Obtaining the dewatering permits from the DNR. If this is true, then it is not made clear by the specifications, which state in two different places that the City will submit and/or obtain the dewatering permits from the DNR. The fact that the specifications are ambiguous in that they also state that the contractor is required to obtain all permits does not help your case -- all ambiguities are construed against the drafter of the document. In addition, the more specific provisions in the specifications will prevail over the more general provisions. 2. The fact that the City was willing to extend the completion date is irrelevant. The proposed change order extending the completion date wholly ignored the real problem: .,. . Mr. William G. Hawkins November 5, 1992 Page 2 namely, that the cost of performing the work increased dramatically as a result of the fact that it would not be constructed during the prime construction season. 3. The Pen~ar case does not support your contention that the City (assuming it was successful in establishing liability) is entitled to anything above the penal sum of the bond. The reason the Den Mar court awarded judgment "on the bid bond" for the difference between the low and second low bid amount was because the penal sum of the bid bond in that case was 20% of the bid amount, an amount large enough to cover the spread between the low and second low bid. If you would like to see a copy of the bid bond in the Den Mar case, I will gladly send it to you. In contrast, in this case, United Fire & Casualty Company's bond is in the penal sum of five percent of the amount of the bid and the bond expressly states that its liability is limited to the penal sum of the bond. Thus, the City would only be entitled to the penal sum of the bid bond in the unlikely event it prevailed on the merits. That result is consistent with bid bond law throughout the United States. Despite the fact that Weidema is confident of its position, it recognizes that lawsuits are seldom the best way to resolve a dispute and that all disputes should be settled if it is possible to do so on reasonable grounds. Thus, Weidema is willing to settle this matter by agreeing to pay the City one-half of the penal sum of our bid bond. E. Hart KEH: db/70424.2 5700e.24-25 cc. William H. Ramsey Hank Weidema Excavating, Inc.