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Home My WebLink AboutCC August 15, 2006 ~NDOVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755.5100 FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, August 15,2006 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (7 /25/06 Workshop; 8/2/06 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Hold Harmless & Easement Encroachment Agreement/2450 Bunker Lk. Blvd. NW (Serendipity Cafe) - Engineering 4. Approve Resolution/Speed StudyIMeadowlark Heights - Engineering 5. Approve Joint Powers Agreement/04-37/Andover Blvd. NW (CR 16) & Hanson Blvd. NW (CSAH 78)1 Intersection Improvements - Engineering 6. Order Plans & Specs/06-40/Round Lk. Blvd. NW & Bunker Lk. Blvd. NW/Traffic Signal Improvements- Engineering 7. Adopt Resolution Appointing Election Judges for Primary Election - Clerk 8. Approve-Agent/Broker of Record City's Employee Benefits Program - Administration 9. Accept Contributions/Concert in the Park - Finance 10. Approve Final Plat/Country Oaks South/l 61 sl and Wintergreen Street - Planning 11. Declare Surplus Equipment & Authorize Sale - Finance Discussion Items 12. Receive Anoka County Sheriffs Department Monthly Report - Sheriff 13. Fox Meadows Park/Burgeson Family - Administration 14. Review and Approve Memorandum of Understanding for Right-of-Way & Easement Aquisitions/05- 11/Tulip Street NW - Engineering 15. Discuss Outdoor Concert Events - Administration 16. Community Center Advisory Commission Appointment - Administration Staff Items 17. Schedule EDA Meeting - Administration 18. Administrator's Report - Administration Mayor/Council Input Adjournment CD 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator TO: Mayor and City Council FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: August 2, 2006 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: July 25, 2006 Workshop (Gamache absent) August 2, 2006 Regular Meeting DISCUSSION Copies of the minutes are attached for your review. ACTION REOUIRED The City Council is requested to approve the above minutes. Respectfully submitted, ,i.J-.' ()..-IL Vicki Volk City Clerk DRAFT ANDOVER CITY COUNCIL WORKSHOP - JULY 25, 2006 MINUTES The Special Council Workshop of the Andover City Council was called to order by acting Mayor Ken Orttel, July 25,2006,6:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Julie Trude Mayor Mike Gamache Community Development Director, Will Neumeister; Civil Engineer, Jason Law; Fire Chief, Dan Winkel; Others APPROVE AGENDA The Agenda was approved as presented. CONTINUED DISCUSSION (TOUR) - SPECIAL ASSESSMENT POLICY Civil Engineer Jason Law stated a tour was scheduled to review roadway conditions in various locations throughout the City and Council will then discuss the funding options to keep up with the road reconstruction needs. The City Council is requested to review information provided, review site improvement needs and direct staff on the next step toward revising the road reconstruction assessment policy and funding options. The Council proceeded on the tour of North glen I sl and 3rd Additions, Indian Meadows 3rd Addition and Kelsey Estates, Woodland Ridge, and Lund's Estates at 6:04 p.m, Acting Mayor Orttel reconvened the Council meeting at City Hall at 7:16 p.m. Acting Mayor Orttel stated the Council just conducted a tour of the streets in the City that are in need of reconstruction. He stated Council needs to discuss how they would complete the street plan and how are they going to pay for it. He indicated at the last meeting they had discussed the City paying 70 or 80 percent of the reconstruction costs and assessing the remainder. He noted heavy traffic might dictate a street be rebuilt sooner. Mr. Law stated in order to get all City streets that need reconstruction over the next seven years, the City would need $930,000 per year. He noted one-half percent tax levy increase this year and one- half percent tax levy increase next year with a 30 percent assessment of the total project cost would Special Andover City Council Workshop Meeting Minutes - July 25, 2006 Page 2 allow get them to $950,000.00 by 2008. Acting Mayor Orttel asked what would happen if they assess 25 percent instead ono percent. Mr. Law responded it would probably extend the projects out a year, but staff would need to run those figures. Councilmember Jacobson noted they have roughly $600,000 to $700,000 they are not spending this year, so that could be added to this figure and therefore drop the assessment to 25 percent instead of 30 percent. Councilmember Knight noted as they move farther along the cycle, they have to keep in mind other neighborhoods would be coming in also. Mr. Law responded this would be a continual cycle and would need to be looked at on an annual basis. Councilmember Trude asked if they always want to go with the order as indicated by staff. Mr. Law responded this is only a guide and could be adjusted as necessary. Councilmember Jacobson indicated right now they need to set a policy and the order of street repair would be addressed after they set a policy. Acting Mayor Orttel stated as part of the policy, they need to review this on an annual basis. Councilmember Knight stated he noticed during their tour there might be one or two streets that are worse than the remaining area. He asked how they would deal with this. Mr. Law replied they would only fix the areas that are bad. Councilmember Jacobson asked if they could make a policy that states when mill and overlay is done they also put in concrete curbs and gutter. He asked if that provision is a part of the policy, would there be a 25 or 30 percent assessment? Councilmember Trude stated the concrete curb and gutter issue they had discussed last fall and she believes they need to do the concrete curb where there is no ditch. She indicated she wants to stay with the policy they adopted last fall. Acting Mayor Orttel stated he wants to go with the lowest assessment they can. Councilmember Trude requested staff determine what the numbers and time frame would be if they assessed 25 percent. Councilmember Jacobson did not believe it is right to not use the State Aid funds when the City is reimbursed for these funds. He believes they should use those funds to offset these street reconstruction costs. Councilmember Trude asked if they could lobby the legislature to increase State Aid funds. Special Andover City Council Workshop Meeting Minutes - July 25, 2006 Page 3 Councilmember Jacobson wants to make sure that the money they set aside for the mill and overlay actually went into the mill and overlay of the streets. He asked if staff could draft an ordinance that all mill and overlay streets should get concrete curb and gutter, unless there is a ditch. He also asked staff to run the numbers for a 25 percent assessment. Councilmember Trude stated they also need to let people know a couple of years ahead about the streets so they can anticipate the assessment. Councilmember Jacobson noted once they mail a letter out to people informing them in advance of the assessment, it could affect them selling their home because this would be a pending assessment. Councilmember Knight stated they need some way of dealing with portions of a subdivision that are bad when the surrounding area is not bad. Mr. Law stated this is something they could look at in the field. An audience member stated what he is hearing tonight is encouraging that they were looking at the lower percentages. He had received some surprising feedback when he sent out a flyer to his neighborhood. He indicated a couple of situations they might want to consider are if they are mixing curb and non-curb in the same project. He noted there was one residence at Lund's where the ditch had been filled in. He asked what would prevent this. He indicated with what they are proposing, that would be making the new curb essentially free to that resident. He noted there would be no reason for a resident to request concrete ribbon curb. He indicated distributing the cost over 60 residents was essentially free to this resident. He noted in 429 it references that the assessments must be based on benefits received, and he was not sure that not receiving gutter or a concrete ribbon would be equivalent to receiving a gutter or concrete ribbon. Councilmember Jacobson responded if they did not have a policy, and if the road needs to be rebuilt and assessed at 100 percent, this would be a big issue. He indicated with the City paying a certain percentage, they had been informed by the City Attorney that this was the benefit to the residents. Acting Mayor Orttel stated adding curb and gutter to an area is to control the water and by controlling the water this benefits all residents. An audience member asked if the Council is in favor of filling in ditches where it makes sense. Mr. Law responded in general the City does not want ditches to be filled in. An audience member stated he had ditch on all three sides and asked where his benefit is. He stated he is taking all of the water run off. He indicated the park should be assessed twice because it is over five acres. He stated he should be exempt from the assessment. Councilmember Jacobson stated after 20 or 25 years things wear out and the City needs to determine how they would pay for the replacement. Councilmember Trude noted many members on the Council are also affected by this policy and would be assessed for road repairs. Special Andover City Council Workshop Meeting Minutes - July 25, 2006 Page 4 An audience member stated the initial reason for going with the concrete curb is because it holds up better than a bituminous curb. He now understands that the reason is for drainage control. He asked what the cost is of bituminous curb versus a concrete curb. He believes if they use bituminous curb it would get the projects done faster. Mr. Law responded the cost difference is one dollar per square foot and a concrete curb lasts substantially longer than a bituminous curb. An audience member stated she is at the end of 166th and she has a gutter at the front of her house where she would not receive curb, and the road in the back of her house has curb. She did not see any difference between the gutter and the curb. She indicated she has both situations on her property. She asked why they need curbs. She indicated they live in a sand pit and do not have standing water. Mr. Law responded her property was designed to handle water overflow. RAILROAD QUIET ZONES/06-10 Community Development Director Neumeister stated SEH has prepared a Draft Railroad Quiet Zone Report for Council review. He indicated Dave McKenzie with SEH was present and available to answer questions. He requested the Council review the Draft Railroad Quiet Zone Report and direct staff and SEH on how to proceed. If the report is acceptable, the report will be brought to a regular scheduled City Council meeting for formal approval. Dave McKenzie, SEH, reviewed the details of the draft Railroad Quiet Zone Reportfor Council. Acting Mayor Orttel stated the issue is how they are going to finance this. Councilmember Trude asked if the best option would be a concrete median. Mr. McKenzie responded that is correct. He indicated the concrete curb would need to be 100 feet long. He noted at Bunker and 161 st the street is wide enough and no signals would need to be moved, but in other locations signals would need to be moved, which adds to the expense. Councilmember Jacobson asked how Anoka County felt about the Bunker Lake intersection. Mr. McKenzie responded they were not "thrilled" about it, but would agree to it as long as it met their design standards. Mr. McKenzie stated the problem with Andover Boulevard is that they did not have enough space between the signals. He noted Andover Boulevard only has 38 feet from the signal bases, so the signals would need to be moved. Councilmember Trude asked if the speed limit was lowered would that change the restrictions. Mr. McKenzie responded that would reduce the restrictions. Councilmember Jacobson asked if they put in quiet zones, what would prevent an engineer from blowing the horn. Mr. McKenzie responded there are Federal Regulations that govern this, but if an engineer saw something on the track, they could blow the horn. He noted the City could use State Special Andover City Council Workshop Meeting Minutes - July 25, 2006 Page 5 Aid Funds for funding this also. They should keep in mind that all of the signals were installed in the mid-l 980' s so they are all a little over 20 years old. He indicated they are not just moving the signals, but they are getting an entire new system. He stated there is a Federal program to replace signals that went through the Met Council, which would cover 80 or 90 percent of the signal cost. Mr. McKenzie stated under the definition of a quiet zone it only had to affect one-quarter mile on each side, so the way Andover has their signals, they could space the quiet zone out. He stated there is also the option of a stationary horn and if Council wants, he would obtain more information on this. He stated 161 st Avenue would be a good location for this, but noted it could affect the residential house by the tracks. Acting Mayor Orttel asked if they want to start with Bunker Lake Boulevard who did they need to get permitted by. Mr. McKenzie responded they would need Anoka County and MnDOT State Aid approval, as well as keeping the railroad informed of what they are doing. Councilmember Trude asked if they could use the continuous horn on Andover Boulevard also. Mr. McKenzie believed the existing residents would be affected more by a continuous horn than they already are. Acting Mayor Orttel stated he would like to see the continuous horn in operation before making any decisions. Councilmember Jacobson asked for people who bought homes next to the railroad, to what degree did they owe spending a lot of tax money to solve this problem. Acting Mayor Orttel stated he agreed, but the issue is that as they keep closing railroad routes, it will increase the train traffic through the City. Councilmember Knight stated this could be fmanced in stages also. Mr. McKenzie stated he would look at the Ward Lake Drive and 181 st intersections as a low priority right now. Community Development Director Neumeister noted if they took out these two intersections, they really only have two major intersections to deal with. Acting Mayor Orttel stated after the City reviews this he understands this would go to the County and MnDOT for their review and guidance. Mr. McKenzie responded that is the process. He indicated they could look at this as a phased zone going south to north. Councilmember Knight asked if there are any of these areas they could do with a stationary horn. Mr. McKenzie responded all of them could have stationary horns, but the issue is the residential homes in the area. Councilmember Knight stated he believes part of the problem with the train horn is the horn being blown manually. Mr. McKenzie stated overall Andover is doing well with reportable accidents. Special Andover City Council Workshop Meeting Minutes-July 25, 2006 Page 6 Community Development Director Neumeister asked if they could do this as a referendum question. Acting Mayor Orttel stated 90 percent of the people in town are not affected by this issue and would not want to pay for this. Councilmember Jacobson stated realistically they could not afford to do both intersections at once. Acting Mayor Orttel requested staff do more research and determine if there are funds in the CIP for this. Mr. McKenzie stated the Railroad, MnDOT, and the County have 60 days to comment on the City's plan once it is submitted. He noted this took three or four months for everything to go through the process. He stated he would revise his report to address the staging they are discussing. He noted the nearest stationary horn is in Ames, Iowa. Community Development Director Neumeister stated staff would bring this back to the Council at the August workshop. UPDATE ON METROPOLITAN COUNCIL DISCUSSION (JUNE l~) Community Development Director Neumeister stated on June 13,2006 City staffhad a lengthy face- to-face discussion with members of the staff from the Metropolitan Council. The subjects that were covered included: transportation, population projections, comprehensive plan update, and density. He reviewed the items covered with the Metropolitan Council. He noted no action was being requested of Council. Councilmember Jacobson asked staff to fmd the original letter from the Metropolitan Council. Acting Mayor Orttel noted that letter only pertains to the original Comprehensive Plan and now they are working on a new Comprehensive Plan and the Metropolitan Council would require the City to follow the numbers. OPTIONS FOR BUNKER LAKE BOULEVARD MEDIAN MAINTENANCE Community Development Director Neumeister stated the Bunker Lake Boulevard median is again going to cost both property owners associations at Andover Station a significant amount of money. He indicated the Associations have asked for them to look at new ways to get these costs under control. He stated a month ago staff suggested putting concrete in the entire median, but that was met with objection. Staff had consulted with Mickman Brothers and believe they have an idea of what to do to gain control of the weeds and still have landscaping in the median. They feel that they will need to limit the amount of organic area to only about 10% and selectively place salt tolerant, very hardy Special Andover City Council Workshop Meeting Minutes-July 25, 2006 Page 7 plants in a proper fashion in smaller spaces. The situation right now is out of control and will not ever be completely under control unless there is a major change. He suggested material in the median that looks nice, and is able to keep weeds from growing up and is more cost effective to install. The material would be a grey colored crushed (unwashed sand) granite quarry rock that is placed and compacted very well, then a material called "poly pavement" would be sprayed on it to hold it in place and bind the material together. The finished product would look like exposed aggregate (stronger than bituminous). The idea would be to have the plants out compete the weeds. The total for this project would be $44,400.00. Acting Mayor Orttel stated he thought the idea was to have some vegetation in the median. He asked why they could not use dyed stamped concrete. Community Development Director Neumeister responded that cost would be substantial. He noted with staff's proposal, this would allow for landscaping plants and trees, which would be approved by the County. He noted with the original median, there had been no weed barrier put down, which allowed for the weeds to germinate. He noted they should also look at the street lights and possibly taking some of them down because of the cost of electricity for the lighting. Councilmember Knight asked if these expenses are running higher than similar places. Community Development Director Neumeister responded it is running higher. He noted the problem is that there is not enough retail in the area. Acting Mayor Orttel stated he did not have a problem with them cutting down the vegetation, but they need to put a weed barrier down. Community Development Director Neumeister responded staff would research the options further and come back to Council at their next workshop. EMERGENCY MANAGEMENT PLAN REVIEW/TRAINING Fire Chief Dan Winkel asked Council to review the Emergency Operations Plan and become familiar with the chain of command during an emergency. Councilmember Jacobson stated this is a large document and he wants to bring this home to review it. Fire Chief Winkel stated this plan has not been made available to the public and this is a private, confidential document and not available for mass distribution. He stated there are at least three more sections to be added to this plan. Councilmember Jacobson stated he did not see anything as to what the City Councilmembers' responsibilities are. Fire Chief Winkel replied the Mayor would be more involved than the Councilmembers, but the Councilmembers would maintain the policy-making status. He noted in the plan there are functions for each individual to perform. Councilmember Jacobson asked if there is a deadline for Council to review the plan. Mr. Winkel responded within the next year the Government would be checking the Emergency Operations Plan, Special Andover City Council Workshop Meeting Minutes - July 25, 2006 Page 8 but there is no immediate deadline. Councilmember Knight stated he would like this document to have a colored cover page. Councilmember Trude stated she would also like this document to be bound. Councilmember Trude asked if the City knew who the ham radio operators are in town in the event telephone and mobile lines are down. Fire Chief Winkel responded they did know who the ham operators are and they would work with the City in the event of an emergency. OTHER BUSINESS A. Clean Up After Last Storm Acting Mayor Orttel asked if it would make sense to put some money away each year for storm related damage. He was going to talk to the League of Minnesota Cities about obtaining some type of insurance for this. Part of the problem is that these types of storms are large in scope. B. Pov's Permit Councilmember Jacobson stated the City had issued a permit for Pov's recently and there were issues with noise. He asked ifPov's should be informed now that the permit would not be issued next year because there would be more housing around there so they could plan accordingly and that they need to follow the noise ordinance. Fire Chief Dan Winkel stated there could also be an issue with softball games going on after 10:00 p.m. with the townhomes going in. Councilmember Jacobson requested this be put on the next Council meeting agenda. Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 9:26 p.m. Respectfully submitted, Kathy Altman, Recording Secretary Regular Andover City Council Meeting Minutes - August 2, 2006 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 2,2006 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... I RESIDENT FORUM .........................,....................................................................................... I AGENDA APPROV AL............................................................................................................. I APPROVAL OF MlNUTES...................................................................................................... I CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Resolution R092-06 approving Revised 2006 Park CIP/Prairie Knoll Park ....................... 2 Accept Contribution/Sam's Club Foundation/Safety Camp (R093-06) .............................. 2 Accept Resignation-Accounting/Engineering Clerk ............ .............................. .................. 2 AWARD BID/05-Il/TULIP STREET NW & 06-20a/MEADOW CREEK CHRISTIAN SCHOOL TURN LANE IMPROVEMENTS Motion to approve (R094-06) .......................... ........................................................ ........ ..... 3 CONSIDER CONDITIONAL USE PERMIT AMENDMENT/ADDING CELL EQUlPMENT/1717 CROSSTOWN BLVD NW Motion to approve (R095-06) ............................................................................................... 3 CONSIDER SKETCH PLANffWO TWIN-HOMES/1680 ANDOVER BLVD NW.............. 4 CONSIDER APPROVAL OF ON SALE INTOXICATING LIQUOR LICENSE Motion to authorize ...... ......... ......... ....................... ..........,.. ........................... ..... ................... 6 CONSIDER JOINT MEETING WITH PARK & RECREA nON COMMISSION ................. 7 ADMINISTRATOR REPORT .................................................................................................. 7 MAYOR/COUNCIL INPUT Senate Bills ............ .......................................,............... ........... .... ...... ................... ................ 7 National Night Out..................... ................................. ............ ..... ......................... ................ 8 ADJOURNMENT...................................................................................................................... 8 DRAFT REGULAR ANDOVER CITY COUNCIL MEETING -AUGUST 2,2006 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, August 2, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Attorney, William Hawkins City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Add Item 8a, (Consider Approval of On-Sale Intoxicating Liquor License). Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES June 27, 2006, Workshop Meeting: Correct as written. July 18, 2006, Regular Meeting: Correct as amended. Motion by Jacobson, Seconded by Knight, approval of the June 27, 2006 Workshop Minutes as indicated above. Motion carried unanimously. Councilmember Trude stated on the July 18, 2006 regular meeting minutes she has two minor changes. The first one is on page five; third paragraph from the bottom she was making a comment Regular Andover City Council Meeting Minutes - August 2, 2006 Page 2 involving some numbers and one of the numbers needs to be corrected. 55xl00 should be 50xlOO. Councilmember Trude stated on page 14, the motion. This was the point that she asked they use the reasoning for a rezoning request on the White Pine Wilderness plat as the same reasoning for rezoning that they had used for another item on the agenda. The way it was typed was not accurate. Councilmember Trude stated the motion should read "Motion by Trude, Seconded by Jacobson, to approve the ordinance with the following amendment, delete the language "The rezoning is approved based upon the fact that with the arrival of municipal services the character of the area has changed and the conditions surrounding the site have changed to such an extent that a rezoning is warranted", and insert the language from the resolution for packet Item 12, number 2, regarding fmdings for rezoning and number it as number 3 for this resolution. Councilmember Trude stated the staff reasoning for the rezoning that she did not like said that the reason for the rezoning had to do with the arrival of municipal services and there are no municipal services until and unless this plat is approved and then they have to do a Comprehensive Plan Amendment. There will not be any services until this person builds them. The rezoning language they are inserting is from another packet item Mr. Courtney Bednarz wrote and she thought he was a little more eloquent in explaining it is a part of their negotiated agreement with the Met Council that they would extend a limited area of urban services north of 16151. Councilmember Jacobson thought they had done this before and the services were not in there either. Mr. Neumeister stated he followed through with the instructions from that meeting and took the third item and changed it how Councilmember Trude described. Motion by Knight, Seconded by Trude, approval of the July 18, 2006 Regular Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Item 4 Item 5 Approval of Claims Approve Revised 2006 Park CIP/Prairie Knoll Park (See Resolution R092-06) Accept Contribution/Sam's Club Foundation/Safety Camp (Resolution R093-06) Accept Resignation-AccountinglEngineering Clerk Motion by Jacobson, Seconded by Orttel, approval of the Consent Agenda as read. Motion carried unanimously. Regular Andover City Council Meeting Minutes - August 2, 2006 Page 3 AWARD BID/05-11/TULIP STREET NW & 06-20A/MEADOW CREEK CHRISTIAN SCHOOL TURN LANE IMPROVEMENTS City Engineer Berkowitz stated the City Council is requested to receive bids and award the contract for Project 05-11, Tulip StreetNWbetween 161 st Avenue NW and Valley Drive NW & Project 06- 20A, Meadow Creek Christian School Turn Lane Improvements. Councilmember Jacobson indicated he is going to step down from discussion and voting for this item. Motion by Trude, Seconded by Knight, to approve the resolution for Project 05-11, Tulip Street NW between 161st Avenue NW and Valley Drive NW & Project 06-20A, Meadow Creek Christian School Turn Lane Improvements. Councilmember Trude asked if this included all of the ground work for Tulip Street as well. Mr. Berkowitz stated it did not. He stated this was based on the construction portion of it. Additional expenses they have will be right-of-way acquisition. Councilmember Trude asked if this dealt with all of the soils and everything in the road. Mr. Berkowitz stated it did and will include a full soil correction. It covers all of the expenses of the construction for the roadway. Motion carried 4 ayes, 1 present (Jacobson) (Resolution R094-06) CONSIDER CONDITIONAL USE PERMIT AMENDMENT/ADDING CELL EQUIPMENT/1717 CROSSTOWN BLVD NW Community Development Director Neumeister explained the City Council is asked to review Nextel/Sprint's request for the placement of additional wireless communication equipment in the water tower by City Hall. Nextel has had equipment on the water tower since 1996. Since then there have been two changes in equipment and one formal CUP amendment in 2000, which placed nine antennas on the tower instead of the original three. Nextel has now applied to increase both their amount of storage space in the base of the water tower, as well as the number of antennas on the railing on top of the water tower. Mr. Neumeister discussed the staff report with the City Council. Motion by Knight, Seconded by Jacobson, to approve the Conditional Use Permit amendment request. Councilmember Orttel asked what the ultimate number of antennas is they can put on this building. Mr. Dickinson stated at this point they have had the structural engineer review it and right now it is not creating any problem. He would anticipate they will probably see the other provider ask for Regular Andover City Council Meeting Minutes - August 2, 2006 Page 4 additional space. At this point they are probably covering only one half of the top of the tower. Councilmember Orttel stated he is concerned with the structural integrity of the tower. Mr. Dickinson stated each time someone comes in and wants to negotiate additions to the current lease agreement, they have them at their expense work with the city's structural engineer to make sure they are not going against the integrity of the tower. Motion carried unanimously. (Resolution R095-06) CONSIDER SKETCH PLAN/TWO TWIN-HOMES/1680 ANDOVER BLVD NW Community Development Director Neumeister stated the City Council is asked to review a residential sketch plan containing two twin-home buildings. The property is located on the west side of the intersection of Hummingbird Street and Andover Boulevard, at the north end of Nature's Run. The developer is trying to get feedback on whether or not twin-homes will be permitted on the site before moving forward with the cost and effort of preparing a more detailed plat submittal. Councilmember Trude stated on the map that shows the Nature's Run Plat there is an address behind the creek and what she remembers about the Nature's Run Plat is not just Hummingbird and the little lot pads, it is also the huge area that goes across the creek. She thought the overall density of that project was 3 units per acre based on the fact that they set aside so much open space. Mr. Neumeister stated he did not have the information about the overall density there but if it was upland, it was probably calculated in but if it was a wetland area, it would probably not have been calculated in. Councilmember Orttel thought the State took the area over across the creek. Mr. Neumeister stated the State owns that area now but he is not sure what happened when that plat was being approved. Mr. Neumeister stated to attain this kind of development density he thought they must have averaged in some other higher ground. Councilmember Jacobson stated the lot they are looking at is an R-4 size lot. Mr. Neumeister stated that is correct. Councilmember Jacobson asked for clarification on the steps they would have to go through with the Met Council if this were approved. Mr. Neumeister reviewed the steps involved with the Council. Councilmember Jacobson asked City Attorney Hawkins if a PUD that is tantamount to rezoning still needs a 4/5 vote or a simple majority. City Attorney Hawkins stated a zoning change is a simple majority by a statute change a few years ago unless the property is changing from residential to commercial. He noted this is State law. Mr. Neumeister stated if this were under six units per acre it would have been a medium density land Regular Andover City Council Meeting Minutes - August 2, 2006 Page 5 use and an M-1 zoning. The report shows 6.1 units per acre. Councilmember Trude stated she could not think of any area they had to rezone because it was six units per acre. Mr. Neumeister stated they have not done anything recently. Councilmember Trude stated this would be unusual for Andover. Councilmember Ortte1 stated on page 13 in the staff report he thought it looks like all of the trees when done will be on the neighbor's property and he wondered if there would be additional buffering done in this development. Mr. Neumeister stated the Planning Commission wanted to see more buffering done because of this. Without a topography plan it is hard to see how much would be saved. Councilmember Orttel thought if any buffering were done it would be up to the back of the houses. Mr. Neumeister stated if there would be any buffer there, it would need to be new. He thought it would be tough to get a decent buffer in there. Mr. Neumeister noted there would be 150 feet between the back of the home and the property line. Councilmember Orttel asked if this had been checked to see if it would allow two single family lots. Mr. Neumeister stated it had and two single family homes would fit. Councilmember Trude did not see how this development would fit in with Nature's Run because the homes appear to be small and Nature's Run homes are larger and more spacious. Councilmember Jacobson indicated he would not go for a PUD on this because it is too small and the density is too high for this area He also has a concern with an association with only four homes in it and he is concerned with buffering. He thought this should remain an R-1 zoning. Ms. Sue Juneau, representing Berkshire Homes, thought the challenge is the lay of the land. She understood the neighbors' concerns but there is a substantial buffer on the west side. She stated from a marketing standpoint, two single family homes in a twin neighborhood would not work, especially Andover Boulevard being as busy as it is. They are willing to entertain either idea but it would affect the price point that would be marketable. The land value is not there for the location. Councilmember Knight stated if there is a concern about traffic with two homes, how would she justify four homes. Ms. Juneau stated it is not the traffic in terms of getting in and out; it is in terms of selling the single family lifestyle in new construction on that type of a roadway. The Council discussed the density of the development with the representative. Councilmember Jacobson asked what the square footage is of the proposed units. Ms. Juneau stated the finished square footage is 2,189. Councilmember Jacobson thought the density is too much for the size of the property. Councilmember Trude agreed. She did not think this proposed development would fit into the other Regular Andover City Council Meeting Minutes - August 2, 2006 Page 6 developments in the area. She thinks it is too dense. Councilmember Knight concurred. Mayor Gamache thought the Compo Plan changes would be a big issue and he thought a density of 6.4 is very high for this area. He thought even though Andover Boulevard is a busy road, it is a slow road and he thought two homes on this plat would be preferred. Ms. Juneau thanked the Council for their input and would take it into consideration. Mr. Tom Madsen, 1718 Andover Boulevard, stated they approved the sketch plan in 2001 for Nature's Run and they are still trying to sell homes. He thought if Ms. Juneau wanted to know what sells, she should use Foxburgh as an example. CONSIDER APPROVAL OF ON SALE INTOXICATING LIQUOR LICENSE Mr. Dickinson stated there is an application in front of them for a liquor license for Tanner's Steakhouse because there is a new purchaser. There will also be a name change to Tanner's Saloon. Mr. Dickinson discussed the report with the Council. Councilmember Jacobson stated Tanner's has a nice area for dining in one area and a bar in the other and he wondered if it was the intention to keep this atmosphere. Mr. Ray Warmuth stated they would be keeping the restaurant the same. Councilmember Trude stated another concern is if there will be food served the entire time liquor is served and this will not become just a bar. Mr. Warmuth indicated they would serve food the entire time. The Council discussed the liquor license application and the times they are requesting to serve liquor with the applicant. Councilmember Trude stated she would want to keep this license consistent with the other licenses in the City regarding the 2:00 a.m. liquor license. Councilmember Orttel asked if the applicant has ever been involved in ownership of this bar before. Mr. Warmuth stated they have not. Councilmember Jacobson asked if Mr. Warmuth will be the owner. Mr. Warner indicated he would be. Councilmember Trude asked the City Attorney what the 2:00 a.m. requirements are. City Attorney Hawkins stated they have to serve food under the ordinance until 1 :00 a.m. Regular Andover City Council Meeting Minutes - August 2, 2006 Page 7 Motion by Trude, Seconded by Knight, to authorize the issuance of the regular and special 2:00 a.m. liquor licenses to Raymond Warmuth according to his application contingent upon the City Clerk verifying that all code requirements are met before issuance and such license to become effective upon the date all requirements are met. Motion carried 4 ayes, 1 nay (Jacobson). Councilmember Jacobson indicated he is voting no because they are pushing the time from 1 :00 a.m. to 2:00 am. and he did not like that. CONSIDER JOINT MEETING WITH PARK & RECREATION COMMISSION Motion by Knight, Seconded by Jacobson, to schedule ajoint meeting with the Park Commission for Thursday, September 2151 at 7:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on administration and city department activities, National Night Out activities and miscellaneous projects. City Engineer Berkowitz updated the Council on road improvements projects in the City. Community Development Director Neumeister updated the Council on development activity in the City. Mr. Berkowitz stated that MnDOT, Anoka County, and the Cities of Anoka, Ramsey and Burns Township joined efforts to do a transportation analysis onTrunk Highway 47. He stated they want Andover to consider the bridge crossing they had identified in their transportation plan over the Rum River between 1 59th and l65th Avenue. Mr. Berkowitz discussed the item with the City Council. Motion by Trude, Seconded by Orttel, that the Council no longer supports a potential bridge crossing in Andover over the Rum River because it is premature and there is no benefit for Andover and would be a big detriment to the City at this time. Motion carried unanimously. MAYOR/COUNCIL INPUT (Senate Bills) - Mayor Gamache stated there have been two bills going through the Senate regarding telecommunications. He thought they are both detrimental to local governments and local cable broadcasting. Councilmember Trude thought if further communication is sent it should be written on City stationary with support of the Council indicating their concerns. The Council agreed. Regular Andover City Council Meeting Minutes - August 2, 2006 Page 8 Councilmember Orttel stated there is another issue going on like that regarding the two tier cable access. He stated the fast internet speed would go to large companies and the slower speed would go to the consumers. (National Night Out) - Mayor Gamache stated National Night Out was well attended with 47 parties. He thought it was an enjoyable night. The Council thanked the Fire Department and Laura Landes for all of their work. Councilmember Knight stated the one question he was asked was where the City is at with the WiFi. Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 8:30 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 8) 1665 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-6923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: August 15,2006 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $152,485.07 on disbursement edit lists #1 - #4 from 08/02/06 to 08/10/06 have been issued and released. Claims totaling $246,180.00 on disbursement edit list #5 dated 08/15/06 will be issued and released upon approval. BUDGET lMP ACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUIRED The Andover City Council is requested to approve total claims In the amount of $398,665.07. Please note that Council Meeting minutes will be used as documented approval. 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" ~ o ~ 3 o g- o U :;;: Sl\NribVE* @ 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Hold Harmless and Easement Encroachment Agreement/2450 Bunker Lk. Blvd. NW (Serendipity Cafe) - Engineering DATE: August 15, 2006 INTRODUCTION The City Council is requested to authorize the approval of a hold harmless and easement encroachment agreement with Joy BoeWand, property owner at 2450 Bunker Lake Boulevard NW (Serendipity Cafe). DISCUSSION The property owner at 2450 Bunker Lake Boulevard (Joy Boehland) is in the process of constructing a commercial/retail building on the property. To make the building configuration work and provide an aesthetically pleasing east side of the building the land surveyor for the building has shown a four foot walk, a two tier retaining wall that includes landscape plantings and a portion of the parking lot along the east side of the property that would infringe on an existing drainage and utility easement (see attached drawings). This easement has a buried storm sewer pipe which would require maintenance and possible replacement in the future. By entering into this hold harmless and easement encroachment agreement the property owner agrees to cover all expenses due to damage and/or removal of improvements (retaining wall and landscape) that are within the easement. Staff has reviewed the request and recommends approval. ACTION REOUlRED The City Council is requested to approve the hold harmless and easement encroachment agreement with Joy Boehland, property owner at 2450 Bunker Lake Boulevard NW (Serendipity Cafe). Respectfully submitted, G)~O~ . David D. Berkow;z . ~ Attachments: Hold Harmless and Easement Encroachment AgreemenGite Drawings /' cc: Joy BoeWand, 7217 Germanium St. NW, Ramsey, MN 55303 HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this 15th day of AUQust , 2006, by and between Joy Boehland, (hereinafter "Boehland"), and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, Boehland is the fee owner of 2450 Bunker Lake Boulevard NW, Andover, MN; and WHEREAS, Boehland desires to build a commercial/retail building (Serendipity Cafe) on said property; and WHEREAS, a drainage and utility easement exists along the east side of the property; and WHEREAS, Boehland desires to construct a retaining wall, landscaping, concrete walk, parking lot, etc. ("Improvements") onto said drainage and utility easement; WHEREAS, the City is willing to acknowledge and agree to an encroachment of the drainage and utility easement for said Improvements assuming certain conditions are met; WHEREAS, the Boehland will construct the Improvements as identified on the Serendipity Commercial Site and Grading Plan; WHEREAS, the property owner is aware the area is for drainage and utility purposes and has an buried storm sewer pipe within the easement and acknowledges that maintenance, repair and/or replacement of the utility may be required in said easement resulting in removal of the Improvements; NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easement, Boehland hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Boehland or their successors in interest constructing and maintaining said Improvements upon the utility easement of the City. Furthermore, the City not be held responsible for any damage to said Improvements constructed by Boehland on the City's easement if they are damaged or destroyed as a result of the City exercising its rights to excavate, repair, construct or maintain any public improvements within said easement. City may require evidence of insurance from Boehland to cover the indemnification required herein. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of ,2006. CITY OF ANDOVER, a Municipal Corporation By: Its: City Clerk By: ItS:. . ~. Ma.Yor ,,-=~d1tl41J Joy/S I .. C/ STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2006, before me, a notary public within and for said county, personally appeared and to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) fi . ) ss. COUNTY OF LU~~ ) On this Z day of It.L<2J.:; , 2006, before me, a notary public within and for said county, personal appeared Joy Boehland. MICHELLE L HARTNER NOTARY PUBUC. MINNESOTA My Commission ExpirIs JaIl, 31, 2010 Lilli '. Ct r l.' I. ,,& I I If'" .' .. lrJ. .A.....t:-1:.L.J , Notary Public JJ :1);1 . ,'7l ,C 'alfYl.J-, This instrument was drafted by: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 This instrument is exempt from registration tax and recording fees under Section 386.77 of the Minnesota statutes. \! I'- !! .3o-....t. ~\c~ s~~ -, OJ.. --r ...----- I ./^.// I ./ I / I w I I I I '" '" ea...Sc.1'"IeY\-+ -- "0 ....- ....- - / PA 110 ~REA / / ,/ ,/ w u 5 Cl: w VJ Cl: W >- < 3 " \ \ I I : I I I I I ./ '" '" >- '" . '" >- '" I tIJI .. .. PROPOSED BUILDING 1ST FLOOR=879.00 BSMT FLOOR=869.00 , Lf c.C/W\crc.IC l&..A..llC.. '" '" \! fo. !! '" '" ~, ,- I 1 I I I 1 "I ~I 1 .0 >- .. !! 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Sl\NDbVE~ @ 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755.5100 FAX (763) 755.8923 . WWW,CI.ANDOVER,MN,US FROM: David D. Berkowitz, City Engineer TO: Mayor and Council Members CC: Jim Dickinson, City Administrator SUBJECT: Approve Resolution/Speed Study/Meadowlark Heights - Engineering DATE: August 15,2006 INTRODUCTION This item is in regards to approving a resolution requesting a speed study for the Meadowlark Heights development (154th Avenue NW/Cottonwood Street NW, 153rd Lane NW and Dogwood Street NW). DISCUSSION Due to the recent issues in the Meadowlark Heights development staff is recommending a speed study be conducted by MnDOT to evaluate the speed limit in this area. The statutory limit in this development is 55 MPH. Staff feels that this speed limit does not fit the area. MnDOT may be reluctant to lower the speed limit due to the precedence it may set for rural residential districts within a city. The results of the study can be used to assist the City in pursuing a change in state statute, which would allow cities to lower speed limits within city rural residential districts to 30 MPH that have dwelling houses built at intervals of less than 300 feet for a distance of one- quarter mile or more. ACTION REOUIRED It is recommended by City staff that the City Council agprove the resolution requesting a speed study for the Meadowlark Heights development (154 Avenue NW/Cottonwood Street NW, 153rd Lane NW and Dogwood Street NW). Respectfully submitted, (;)~(), David D. Berkowitz Attachment: Resolutio~ Location Map/ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION REQUESTING A SPEED STUDY FOR THE MEADOWLARK HEIGHTS DEVELOPMENT (154TH AVENUE NW/COTTONWOOD STREET NW, 153RD LANE NW AND DOGWOOD STREET NW) LOCATED IN SECTION 24, TOWNSHIP 32, RANGE 24 IN THE CITY OF ANDOVER. WHEREAS, the Minnesota Department of Transportation is requested to do a speed study, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereb~ request a study with MnDOT for the Meadowlark Heights development (154 Avenue NW/Cottonwood Street NW, 153rd Lane NW and Dogwood Street NW). Adopted by the City Council of the City of Andover this 15th day of AUQust, 2006. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk City of Andover, Minnesota Incorporated 1974 Location Map for: Meadowlark Heights 54\NDbVE~ '" "'- I i '''. ............ '. ~~, ........ (:5'~ r " &JS' ~S ~V'< c<(~ ~....v , f'l.,?,.D \..\'\ ^ \S"" ~b / " /'~ Q1' ~~ .- 00 () ~ ~ 7)-; ~ -1'12 / / ! LEGEND location Map 700 N .+ s 375 0 750 Feet o ROW o Lots I Parcels o Water Features N City Limits ~NDbVE~ (]) 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,C1.ANDOVER.MN,US CC: Jim Dickinson, City Administrator TO: Mayor and Council Members FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Joint Powers AgreementJ04-37/Andover Blvd. NW (CR 16) & Hanson Blvd. NW (CSAH 78)/Intersection Improvements - Engineering DATE: August 15,2006 INTRODUCTION This item is in regard to approving the Joint Powers Agreement (JP A) between the City of Andover and Anoka County for intersection improvements at Andover Boulevard NW (CR 16) & Hanson Boulevard NW (CSAH 78), Project 04-37. DISCUSSION The JP A for the improvements at Andover Boulevard NW & Hanson Boulevard NW is attached for your review. The JP A identifies the City's responsibilities for electrical service and maintenance responsibilities for traffic signals on county roads. The JP A is in conformance with the standard Anoka County agreements. This signal was constructed by the Anoka County Highway Department back in late 2004 to early 2005. The City did not contribute any cost toward the construction of the signal. The City paid for the Emergency Vehicle Preemption system. BUDGET IMP ACT The City is responsible for electrical costs and ongoing maintenance costs identified in the JP A. These costs are part of the City's general operating budget. ACTION REOUIRED The City Council is requested to approve the Joint Powers Agreement for intersection improvements at Andover Boulevard NW (CR 16) & Hanson Boulevard NW (CSAH 78), Project 04-37. Respectfully submitted, ~O. David D. Berkowitz Attachments: Joint Powers Agreement"" Anoka County Contract No. 2005-0587 JOINT POWERS AGREEMENT FOR THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF COUNTY STATE AID illGHWAYNO,78 (HANSON BLVD,) AND COUNTY ROAD NO, 16 (ANDOVER BLVD.) IN THE CITY OF ANDOVER (C.P. 04-32-78) TillS AGREEMENT is made and entered into this day of 2006, by and between the County Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County of Anoka" and the City Andover, 1685 Crosstown Blvd NW, Andover Minnesota 55303, hereinafter referred to as the "City", WITNESSETH: WHEREAS, the parties to this Agreement desire to jointly cause the construction of traffic-actuated control signals the intersection of County State Aid Highway 78 (Hanson Blvd.) and County Road 16 (Andover Blvd.); WHEREAS, the parties to this Agreement agree that it is in their best interest that the costs of said project be the cities responsibility; and, WHEREAS, said work will be carried out in accordance with the provisions ofMinn, Stat. ~ 471.59, NOW, THEREFORE, it is mutually stipulated and agreed: I. PURPOSE: The County and City have joined together for the purpose of installing a traffic control system at the intersection of County State Aid Highway 78 (Hanson Blvd.) and County Road 16 (Andover Blvd,), as described in the plans and specifications on file in the office of the Anoka County Highway Department and incorporated herein by reference, II, METHOD: A. The County shall install the traffic control system at County State Aid Highway 78 (Hanson Blvd,) and County Road 16 (Andover Blvd,), The County shall assist in the construction inspection of the traffic control system as deemed necessary by the County. B, The County Highway Department shall maintain the traffic signal controller, traffic signal lamps, loop detectors, associated wiring with the traffic control system and traffic signal painting at the sole cost of the County. C. The City shall be responsible for the electrical power installation and ongoing power cost, construction costs and the maintenance, relamping and painting of the luminaries of traffic control signal. D, All timing of the traffic control signal shall be determined by the County, E, Only the County shall have access to the controller cabinet. F. The traffic control signal shall be the property of the County. III. COSTS: A. The City shall be responsible for all costs associated with the ongoing power costs and all maintenance costs of the luminaries described herein. B. All maintenance of the EVP Systems shall be completed by the County. The City shall be billed by the County on a quarterly basis for all incurred costs. C, EVP Emitter Units may be installed on and used only by Emergency Vehic1es responding to an emergency as defined in Minnesota Statues 169,01, Subdivision 5, and 169,03. The City shall provide a list to the County Traffic Engineer, or the County's duly appointed representative, of all such vehicles with emitter units on an annual basis. D. Malfunctions of the EVP Systems shall be immediately reported to the County, E, All timing of said EVP Systems shall be determined by the County. F. In the event said EVP Systems or components are, in the opinion of the County, being misused, or the conditions set forth are violated, and such misuse or violation continues after receipt by the City, written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receiver, infrared detector heads and indicator lamps and all other components shall become the property of the County. IV, TERM: This Agreement shall continue until terminated as provided hereinafter, V. DISBURSEMENT OF FUNDS: All funds disbursed by the County or District pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI, CONTRACTS AND PURCHASES: All contracts let and purchases made pursuant to this Agreement shall be made by the County of Anoka in conformance to state laws. VII. STRICT ACCOUNT ABILITY: A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. VIII. SIGNALIZATION POWER: The City, shall, at their sole expense, install or cause the installation of an adequate electrical power source to the service pad or pole for the intersection of County State Aid Highway 78 (Hanson Blvd.) and County Road 16 (Andover Blvd.), including any necessary extensions of power lines. The City shall be the lead agency in this matter. Upon completion of said traffic control signal installation, the ongoing cost of electrical power to the signal shall be the sole cost and expense of the City. IX. TERMINATION: This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. Ifnotice is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods, which occurred prior to such notice of termination. X. AFFIRMATIVE ACTION: In accordance with the County of Anoka's Affirmative Action Policy and the Anoka County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, marital status, public assistance status, age, disability or national ongm. XI. NOTICE: For purpose of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalfofthe County, and the City Manager of the City of Andover, 1685 Crosstown Blvd NW, Andover Minnesota 55303, on behalf of the City, XII. INDEMNIFICATION: The City and the County of Anoka mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents or employees relating to activity conducted by either party under this Agreement. XIII. 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. IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF ANDOVER Margaret Langfeld, Chairman County Board of Commissioners By: Name: Title: By: Dated: Dated: ATTEST ATTEST By: John "Jay" McLinden County Administrator By: Name: Title: Dated: Dated: RECOMMENDED FOR APPROVAL RECOMMENDED FOR APPROVAL By: Doug Fischer County Engineer By: Name: Title: Dated: Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: c . 1'"1;' () " NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator TO: Mayor and Council Members FROM: David D. Berkowitz, City Engineer SUBJECT: Order Plans & Specs/06-40/Round Lk. Blvd. NW & Bunker Lk. Blvd. NW/Traffic Signal Improvements - Engineering DATE: August 15,2006 INTRODUCTION The City Council is requested to order the improvement and direct preparation of plans and specifications for traffic signal improvements at Round Lake Boulevard NW & Bunker Lake Boulevard NW, Project 06-40. DISCUSSION The intersection at Round Lake Boulevard NW & Bunker Lake Boulevard NW has been identified in the 2006-2010 CIP for installation of light emitted diode (LED) signal heads to replace the existing standard signal heads. Attached is an estimated cost for design and installation of the LED signals. This intersection is adjacent to both Andover and Anoka. The City of Anoka has one quarter of the intersection and is responsible for one-quarter of the traffic signal costs. I have contacted Craig Gray, Anoka Public Works Director and he stated they are willing to contribute funds for the design and installation of the LED's. The signal heads will be replaced with light emitted diodes which are brighter than standard lights and are much more energy efficient. When this project is complete all traffic signals in Andover will have LED's. BUDGET IMP ACT LED systems are State Aid eligible. The funding would come from the City's Municipal State Aid and a cost share with the City of Anoka. The cost is estimated at $22,500.00 for the design and installation. There would be additional staff time totaling $1,000.00 for a total project cost of $23,500.00. Anoka's share would be approximately $5,875.00 and the City's share would be approximately $17,625.00. ACTION REOUIRED The City Council is requested to approve the resolution ordering the improvement and directing preparation of plans and specifications for traffic signal improvements at Round Lake Boulevard NW & Bunker Lake Boulevard NW. Respectfully submitted, David D. Berkowitz Attachments: Reso1utiOl( Email from SEH.I r;)~/J, cc: Craig Gray, Public Works Director/City Engineer, City of Anoka, 2015 1st Avenue N., Anoka, MN 55303 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 06-40, FOR TRAFFIC SIGNAL IMPROVEMENTS AT ROUND LAKE BOULEVARD NW & BUNKER LAKE BOULEVARD NW, PROJECT 06-40. WHEREAS, the City Council is cognizant of the need for the improvement; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Traffic Siqnal Improvements at Round Lake Boulevard NW & Bunker Lake Boulevard NW, Project 06-40; and BE IT FURTHER RESOLVED by the City Council to hereby direct SEH. Inc. to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember City Council at a reqular meeting this 15th and adopted by the day of Auqust . 2006 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk Page 1 of2 Dave Berkowitz From: John Gray [jgray@sehinc.com] Sent: Wednesday, August 02,200610:33 AM To: Dave Berkowitz Subject: Re: LED's Dave, To add LED indications to the Bunker Lake Boulevard and Round Lake Boulevard signal system. I would estimate that our design/bid/construction observation costs for this work would be approximately $2,500. To replace pedestrian indications with the one-section hand/walking person pedestrian indication. make all signal indications LED, and replace pedestrian push buttons and signs to be current product and match the pedestrian indications, I would estimate this work by an electrical contractor to be around $20,000. There are a total of 8 pedestrian indications and 26 vehicle signal heads that need to be revised as part of this work, making the cost be what we are estimating at this time. Let me know if you want me to prepare a letter proposal for this work, and when we would be anticipated to proceed with this work. Thank you in advance for the opportunity to work with you and the City of Andover on this project. John M. Gray, PE Short Elliott Hendrickson Inc. 651.490.2073 "Dave Berkowitz" <DBerkowltz@ci.andover.mn.us> To "John Gray' <j9ray@sehinc,com> cc Subject LED's 08/02/2006 08:15 AM John. The City of Andover has identified in the current CIP to change out the current signal heads at Round Lake & Bunker to LED's. Can you give me a cost to prepare the plans and specs, bid the project and a preliminary cost estimate? This would be funded through State Aid. Thanks David D. Berkowitz 8/9/2006 (5) 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US CC: Jim Dickinson, City Administrator TO: Mayor and City Council FROM: Vicki V olk, City Clerk SUBJECT: Adopt Resolution Appointing Election Judges for Primary Election DATE: August 15,2006 INTRODUCTION The City Council is required to appoint judges to serve at the Primary Election on Tuesday, September 12, 2006. DISCUSSION Because some of the judges have not responded yet, the resolution will be provided to Council at the meeting. ACTION REOUIRED Council is requested to adopt the resolution appointing judges for the Primary Election. Respectfully submitted, iLL, C)~ Vicki V olk City Clerk CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: Mayor and Councilmembers CC: James Dickinson, City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Approve-AgentIBroker of Record City's Employee Benefits Program DATE: August 15, 2006 INTRODUCTION The City currently uses a Broker/Agent of Record to assist the City in working with/negotiating with various Insurance agencies for the City's employee benefit programs. A Request for Proposals (RFP) was authorized on June 6, 2006, with proposals due June 30, 2006. DISCUSSION The RFP was advertised in the Anoka Union and the Human Resources Department sent the RFP specifically to 10 agencies recommended by other City Human Resource Managers/Directors in addition to our current broker Johnson McCann Benefits, LLC. The City of Andover received 6 responses and chose to interview 4 organizations. The Human Resources Department wanted an AgentIBroker of Record that could provide leverage for better renewal rates, provide a personalize service and be cognizant of current/future market trends and solutions for the future. Companies such as C-Biz and Stanton Group were interviewed due to their size and their greater market appeal; however, both groups are so large that the Human Resources Department does not feel the personalized service would be available. Other small groups such as A.T. Group and T.C. Fields were interviewed and while they offer more personalized service, their experience with Health Savings Accounts (HSA's) and future trends was limited. The Human Resources department recommends staying with the current AgentIBroker of Record Johnson McCann Benefits, LLC. Johnson McCann Benefits currently provides comprehensive employee benefits to more than 1,000 organizations, so they have competitive market appeal to the large carriers, yet they are small enough to work directly with the City and its employees. In addition, Johnson-McCann Benefits were on the leading edge of trends back in 2001 when they fIrst started providing the City with information on Consumer Driven Health Plans, similar to the HSA currently in place. BUDGET IMPACT None. Commissions on our Benefits provided pay this. RECOMMENDATION The Andover City Council is requested to approve Johnson McCann Benefits, LLC, as it's AgentIBroker of record for employee benefits. Respectfully submitted, ~~~ Dana Peitso 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Accept Contributions/Concert In The Park DATE: August 15,2006 @ INTRODUCTION This item is in regard to approving a resolution accepting contributions made by various entities to be used towards the concert in the park. DISCUSSION Below is a list of entities contributing to the concert in the park. Becks Auto G- Will Liquors Ovlan, LLC Ace Solid Waste Good Guy Music Jeff Baker American Family Insurance Northwest Transmission $ 50.00 50.00 50.00 50.00 50.00 100.00 50.00 1 st Regents Bank Jim Borden Body Image, Inc Radiance, LLC Taho Holdings, LLC Pov's Sports Bar & Grill ACTION REOUIRED The City Council is requested to approve the resolution accepting the contributions. Respectfully submitted, ?J13~ Lee Brezinka Attachments: Resolution $ 50.00 50.00 50.00 50.00 50.00 50.00 $ 700.00 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING CONTRIBUTIONS MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE CONCERT IN THE PARK. , WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contributions from various entities of $700 is to be used towards the Concert in the Park. Becks Auto $ 50.00 1 st Regents Bank $ 50.00 G-WiII Liquors 50.00 Jim Borden 50.00 Ovlan, LLC 50.00 Body Image, Inc 50.00 Ace Solid Waste 50.00 Radiance, LLC 50.00 Good Guy Music 50.00 Taho Holdings. LLC 50.00 Jeff Baker American Family Insurano 100.00 Pov's Sports Bar & GJ 50.00 Northwest Transmission 50.00 $ 700.00 NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contributions which is to be used towards the concert in the park. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of August 2006, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director ~ FROM: Courtney Bednarz, City Plann~ SUBJECT: Approve Final Plat/Country Oaks South/I 61 51 and Wintergreen Street-Planning DATE: August 15,2006 INTRODUCTION The Council is asked to approve the final plat of the three lot single-family urban residential plat of Country Oaks South. DISCUSSION The final plat is found to be in compliance with the preliminary plat and applicable ordinances. ACTION REQUESTED The Council is asked to adopt the attached resolution approving the final plat with conditions. Attachments Final Plat (full size plan in packet) Cc: Randy Hermanson, Hermanson Homes 23847 Johnson Street N.E. East Bethel, MN 55011 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R097-0S A RESOLUTION APPROVING THE FINAL PLAT OF "COUNTRY OAKS SOUTH" FOR HERMANSON HOMES ON PROPERTY LEGALLY DESCRIBED AS FOLLOWS: The West 300.00 feet of the South 363.00 feet of the Northeast Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Country Oaks South"; and WHEREAS, Hermanson Homes has presented the final plat of Country Oaks South; and WHEREAS; the Andover Review Committee has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Country Oaks South contingent upon receipt of the following: I. The final plat shall conform to the plan stamped received by the City of Andover on August 10, 2006. 2. The developer shall conform to all conditions of Preliminary Plat Resolution R087-06. 3. The developer shall be responsible for the cost of construction of all improvements approved as a part of the preliminary plat. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements wiIl be completed. 4. Subject to final review of City Staff for compliance with City ordinances, policies, guidelines and conditions of preliminary and final plat approval. 5. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, watershed district, MPCA and any other agency that may be interested in the site. Adopted by the City Council of the City of Andover this _th day of CITY OF ANDOVER ,2006. ATTEST: Victoria V olk, City Clerk Michael R. Gamache, Mayor I: L ~ ~ a CJ) ~ 6 >.. ~ ~ a () if; (/) v , IL: ,- ~5 o () 00011 l<O"lu: .,,~~ * 1["06 i-~---------! f--------------------'~~~ : : : : I I :~~: : I~'"I I .. ____J! 111: , ~ --OO'tK--------_____________.+_:!II ! I: : ---1-;- i ,,& /) ,I . ~ i L (/ : ' I ;:; J: I I I I Z !2 : I I '() :J: i N 1 .. i ~ 'I~" I ~ ~ I : #; i I < ,I. "I!! : ""7'u : I"~ t;>!' ~ , :. : o.>^ : :~; I u; U) ~~~-... :iJ \;T I,' 'I ~~~ I ~ z1= . 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'lhl i~ih jiljl In'l" .~ . \t~ ~ ,!... .lO-l'5" ; I;Ci ., J,rl.. !.l ji~H ;llil . ,II,! ..1; ~ a ~ in!: IH~ji ~ ~'Bi i} 1-"- :1~~;1 I;!:!a h~iE: inlll ~dlH en ....."....,-....... '''''_'''_'H_'''''''''' ...--.....----...... 3.N-.IlLOON 90I'9f' ;;0 I'9f' 3.Zt.8LOON .- / ~"'2r:J"'1 ~~rv'/JN-.rI~aon:.-'./ If n U t. it "' h ., !1 ; f' i! 1 ~i I , . ill, iiI II IU l!!~ !~I ;'1'1 . , ! : ~ i ! 'j i,to "~i tin :,j,- ll" .'" ~H~ ~ ph~ l .,rf!j 1 €~iH !; ~lj iii~ ~ fii:1 ~ ..u~~ a Hill 5 hHI. ~ , f .I , 1 i . I 1 l . ~I . at ! , .! '0 ,1 L H O' fl ~~ al J / ;:: c; .~ -,. ,,, ~~~ ~~ ::;::: f--.__ .~: <--- I I I I I I I I I , I I I I I I I I I I I I I j (~i) ! ~ ~ ~ ::J J: ~ ~ ~ W W J: ~ ~ o .~: ,,, .~. '" --, ,- . ~~i ~",\ c:s~~ ,- .,~, " I .?' , ! ::: ,- .~: '" --:.:,:"; C~ ,." ~ . I t;; 0": ~~ , :. ~ , ~~~~ ~~ '0 , ." ~ i ::::l~u,.e ~5 0 , <..j .. "~;,,; " , ~g<~ ~!i ", . , 2<r~i i::i ~ ~"'o(~ . 3 g...,1 ~.~~ ~~i;;~ g ~.JJlJ -~. ~~~~ ~~~~ - 0- ~ ~'l,il ~h: >=,~Q ~~~ffi ." E m..,o'" o , ~;~6 Q>>~ ~ . , ~: I ..,..,>oJ..: 0 Dl-{ tj..:l'", ~JJ! ~^~~ ~~ 0 >oJ:r.....'" .!!1:2" ~~i~ g , ;*~~ ".0 !Z~i];~ ". , c....""'" ~iJ :~ I ~~~~ ~""Q!!;; ~ , ~~~Q ~:. I i~i ~~~~ .~ .1!i: 8 ..!:u ~:~~ ." =';1 "" ']! OO....:!: ~~ ~:!~ ~i~~ .0 ! I ---<il>- I i ;r;~ ~ t ~ 5'\NDbVE~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US TO: Mayor and Councilmembers cc: Jim Dickinson, City Administrator FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Declare Surplus Equipment DATE: August 15, 2006 INTRODUCTION The Finance Department is requesting City Council's approval to declare the following list of equipment as surplus property and to authorize the sale of these items by sealed bids. . 1990 Craft Power BrushfBlower (#106) . QTC 25 Ton Hydraulic Press . 1994 Schweiss Snow Blower . 1995 Chevrolet 3500 Truck w/ Snow Plow Equipment (#91) . Aluminum Spun Flagpole - 30 ft. . 1985 John Deere Flail Mower (#516) . Lennox Furnace . 1996 Ford E-250 Van (#67) . 10,000 Gallon Water Storage Tank . 1995 Chevrolet 3500 Truck w/ Snow Plow Equipment (#510) . 1988 Chevrolet 1500 Suburban (#16) . 1987 OJK Step Crack Seal Tar Kettle Trailer (#112) . 1990 International Single Axle Dump Truck w/ Snow Removal Equipment & Brine Tank (#190) DISCUSSION The list above are items no longer in use, outdated, and/or have been replaced and no longer needed by staff. BUDGET IMPACT The revenues from the sale of the equipment will be recorded in the appropriate funds and used for future purchases and/or operations. ACTION REOUIRED Staff is recommending that the City Council declare all items as surplus property and authorize advertisement for sealed bids. Respectfully submitted, z:i ?5~ Lee Brezinka ~NDbVE~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Captain Dave Jenkins - Anoka County SUBJECT: Receive Anoka County Sheriffs Department Monthly Report - Sheriff DATE: August 15,2006 INTRODUCTION Captain Dave Jenkins from the Anoka County Sheriffs Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. Attached is a copy of the July 2006 monthly report. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Captain Dave Jenkins Anoka County Sheriffs Office Attachment: July 2006 Monthly Report B. CITY OF ANDOVER -JULY, 2006 Current Mo. Last Month YTD LAST YTD Radio Calls 1,094 1,093 6,813 5,756 Incident 1,081 1,068 6,092 5,341 Report Burglaries 37 12 91 74 Thefts 77 453 335 69 Crim.Sex 2 1 13 17 Condo Assault 9 14 85 107 Dam to Prop. 64 30 287 217 Rarr. Comm. 18 14 108 78 Felony Arrests 8 15 64 51 Gross Mis. 7 10 39 40 Misd. Arrests 48 83 366 385 DUI Arrests 9 11 61 56 Domestic Arr. 4 5 35 47 Warrant Arr. 6 20 97 98 Traffic Arr. 170 162 968 994 DWI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 00:35 01:35 01:15 01:49 01:30 03:25 22:38 02:34 02:49 C. CITY OF ANDOVER - JULY, 2006 Community Service Officer Report Current Month Last Month YTD Last YTD Radio Calls 158 185 1,143 1,297 Incident Report 99 126 740 776 Accident Assists 8 7 84 123 Vehicle Lock 30 31 238 247 Out Extra Patrol 218 170 1,846 1,148 House Checks 2 0 105 70 Bus. Checks 20 22 242 347 Animal Compl. 38 69 352 387 Traffic Assist 4 . 9 68 121 Aids: Agency 173 189 1,374 1,274 Aids: Public 44 77 700 342 Paper Service 0 0 1 2 Inspections 0 0 0 0 Ordinance Viol. 1 0 5 15 <f\" T' >, '~..". \., ' ,. " . , NDOVE ' , ,.' . @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, City Engineer FROM: Todd Haas, Asst. City Engineer SUBJECT: Fox Meadows Park/Burgeson Family - Administration DATE: August 15,2006 INTRODUCTION The Burgeson Family has requested to address the City Council regarding on-going trespassing of frisbee golf players from Fox Meadows Park onto the Burgeson property. DISCUSSION It is anticipated that the Burgeson's will be making a presentation to City Council similar to the presentation that was made to the Park & Recreation Commission on July 20th. After the presentation was made to the Commission on July 20th the item was tabled until the August 3rd Park Commission meeting to allow a site visit by the Commission before the meeting. Attached are the Park Commission meeting minutes of the July 20th and August 3rd meetings for your review. As you can see by the meeting minutes of August 3rd (draft), the Commission did make a motion to adjust the mowing path of tee #6 and to place a sign at tee #1 to remind players to respect certain rules of the park and to respect property and signage along the south end of the park. The motion was approved on a 6 yes and 1 no vote (the 1 no vote was by Commission Bedor as he thought the Current mowing path was fine for tee #6 and an additional sign to remind players using the park was not necessary as a sign already exists at the parking lot). Jim Dickinson, City Administrator, did meet with the Burgeson Family attorney (Jim Neilson) on August 8th to review other potential options. Based on the discussion with Mr. Neilson, basket #6 has already been moved slightly north from its Current location, which will also slightly change the mowing path. In addition, the Public Works Department will be installing orange fencing around the old long tee #6 (players are still throwing from here when they shouldn't be). Also, the Public Works Parks Department is currently planting quite a few seedlings along the south area of the park between the soccer field and the Burgeson property. Note: The City Council is encouraged to visit the site before Tuesday's meeting. If you would like to visit the site with City staff, feel free to contact Jim or Todd to set this up. ACTION REOUIRED As determined by the City Council. Respectfu~, ~ cc: John & Rita Burgeson, 4345 - 157th Ave. NW, Andover Dan Masloski, Park & Recreation Commission Chair 8/4/06 Mr. Jim Dickenson City of Andover Andover, MN 55304 Dear Mr. Dickenson, Please schedule myself, my husband John, and my daughter Susie to address the Andover City Council during the August 15th, 2006 city council meeting. The subjects I want to talk to the city council about are ongoing problems caused by the Frisbee course in Fox Meadows Park: . Large numbers of criminal trespassers onto our property. Attempted theft of our property. Vandalism. Destruction of our property. Littering with beer bottles, beer cans, & other trash. Shouting of swear words. Frisbee players smoking on our property while criminally trespassing. Lack of sufficient action by the City of Andover to take care of the problems. . . . . . . . We respectfully request that the City Council review the two Andover City Park Board meetings that we attended, to see the positions the Park Board has taken and the manner in which they treated us. Thank You, ~~ Rita Burgeson 4345 157th Ave NW Andover, MN 55304 Phone 763-427-5788 ,. Regular Andover Park and Recreation Commission Meeting Minutes - July 20, 2006 Page 7 Commissioner Bedor expressed concern that the amount was not enough. Commissioner Blackstad indicated that with volunteer work and City labor he had hoped it would reduce the amount Commissioner Boyer inquired if Mr. Boe had spoken with the soccer or lacrosse associations. Mr. Boe answered that they would have to purchase their own controller. The two quotes he had received were $5,424 and $6,300 for the hole, poles and scoreboard installation. . Fox Meadows Park! Burgeson Family Parks Coordinator Haas introduced the issue and the Burgeson family. John Burgeson indicated he lived at 4345 I57th N.W. with his wife Rita and daughter Susie. Rita Burgeson stated that they had lived at the residence since 1983, and the family had recently had concerns about swearing and trespassing by patrons of the Frisbee golf course adjacent to their home in the park. Photos were shown with patrons in their yard retrieving Frisbees, captured by motion detector cameras. She expressed concern for her safety and the safety ofher'9-year old daughter. She indicated that they had come to the decision not to call the police for trespassing anymore, because the trespassers would be gone before police arrived, and they feared retaliation. There had been several occasions ~ where people approached them on their deck asking if the family had seen their Frisbees. John Burgeson noted that the City had put up signage along the property and had made minor changes to the course designed to reduce the trespassing. He believed that the response from the City had been insufficient, because the changes were ineffective in causing a reduction of trespassing onto their property. He suggested an 8-foot fence might reduce traffic on their property, and the course could be changed again. Commissioner Albee inquired of the other residents adjacent to the park if they had encountered similar activity. They had not expressed any concerns. Parks Coordinator Haas stated the course had been changed twice, and further change would make the course unplayable. Motion by Commissioner Boyer, seconded by Commissioner Lindahl to table the issue until the site visit planned for 6:30 p.m. on August 3, 2006. Park in the parking lot, and meet at hole #6. Motion carried on a 7-ayes, O-nays vote. Discuss Dog Park Facilities Chair Masloski stated that dog parks were becoming more popular. The only one in Anoka County was located in Fridley. Commissioner Hupp noted that they seemed to be located in high density areas. Regular Andover Park and Recreation Commission Meeting Minutes - August 3, 2006 Page 2 BERKSHIRE SKETCH PLAN Parks Coordinator Haas indicated the property was planned to be developed as a Townhome P.U.D. Council was not in favor of more than two single family homes on the property. Motion by Commissioner Lindahl, seconded by Commissioner Hupp to accept cash in lieu of land. Motion carried 6-ayes, O-nays, I-absent (Blackstad) vote. FOX MEADOWS PARK/BURGESON FAMILY, CONTINUED Chair Masloski reviewed the item from the last meeting. He noted that a site visit occurred prior to the meeting. Mr. Burgeson indicated he had three points he wanted to clarify for the Commission. First, he believed the location of the 6th basket was inaccurate from the last meeting. Second he had called the police per the recommendations from the commission on July 20, 2006. The police deputy was shown the pictures. The deputy had informed the family that anyone passing the signs was committing a criminal act. Swearing was considered a crime because it was a stated rule in the parks. He reminded the Commission that the pictures covered only a small portion of the perimeter and he estimated that there were between 800 and 1000 trespassers since May. Since the last meeting beer bottles had been thrown at the cameras and they had to be removed. The police officer indicated that they could only prosecute ifthe individuals were identifiable or they confessed. The officer assured the family that if they were called, they would come to investigate. Mr. Burgeson expressed concern about the possibility of a violent confrontation, and indicated that he did not think calling the police would be a long term solution to the problem. Third he asked for a fence to be installed on the South border of the park. He was willing to help fund it. Chair Masloski inquired about the type of fence desired. Mr. Burgeson responded that he wanted an 8-foot chain link fence. Commissioner Bedor stated that ifhe was concerned he could put up his own fence on his property. Mr. Burgeson answered that he strongly disagreed in this situation. Commissioner Hupp stated that he was concerned if people were not respecting private properties. He noted the trees were thick. He did not see an issue with tee #5. He walked away from the deck directly toward the property line. He mentioned that at that point, the course directed the players away from the property. He recommended a maintenance approach be taken to maintain the fairway in such a way to direct the players clearly away from the property. Mr. Burgeson responded that he believed that he was sincere, but he had purchased the cameras in response to the City's position that players could not get the Frisbees through the trees. He indicated that since the last meeting more branches had been broken from his trees. Regular Andover Park and Recreation Commission Meeting Minutes - August 3, 2006 Page 3 \)~ Commissioner Hupp noted that the course appeared quiet during the site visit. Commissioner Lindahl added that the old long tee #6 did cause rookie players to fly their Frisbees onto the property, but it had been changed. He believed the estimated number of trespassers was high, but recommended posting signage at the beginning of the course and speaking with Mike Snellson about some kind of plantings that would reduce the roll of frisbees. He mentioned that if a fence was installed, barbed wire at the top might be helpful to deter trespassers. Mr. Burgeson stated that if a hedge was effective, he would support it. Commissioner Lindhahl noted the old long tee was still being mowed. Commissioner Albee stated that she did not believe it was the Parks responsibility to put up a fence. Commissioner Blackstad indicated that the fence and signage would not be effective, because people do what they want. He noted the "no parking on grass" signage at another park was having no effect. Chair Masloski agreed it was an emotional issue however the City had made changes such as changing the location of the holes and tee boxes. He admitted that swearing was a concern in all the parks. The northeast corner continued to be a concern. He would be in favor of signage at hole # 1, and a dogleg in the fairway for hole #6. He noted the Commission had heard the Burgeson family's concerns in two meetings, arranged for a site visit, and now we would need to make a recommendations to Council. Commissioner Hupp mentioned that litter could be added to the signage. Motion by Commissioner Blackstad, seconded by Commissioner Hupp to not recommend the City install a fence on the South property line, however City staff should add a dogleg in the fairway for hole #6, and signage at hole #1. Motion carried on a 6- ayes, 1-nays(Bedor), O-absent vote. UPDATE OF JOINT MEETING WITH CITY COUNCIL Parks Coordinator Haas stated the joint meeting with City Council would take place September 21,2006, at 7:00 p.m. REVIEW OUTSTANDING ITEMS Parks Coordinator Haas reviewed the Outstanding Items. He indicated that for Country Oaks Park that he received a request from the developer to be paid in full. Seeding would be done in Kelsey Round Lake Park in mid-August or September. In addition, Prairie Knoll Park would be completed in the upcoming week. The Skate Park would be on the Sl\NDbVE~ (R) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US FROM: David D. Berkowitz, City Engineer TO: Mayor and Council Members CC: Jim Dickinson, City Administrator SUBJECT: Review and Approve Memorandum of Understanding for Right-of-Way & Easement Aquisitions/05-11/Tulip Street NW - Engineering DATE: August 15,2006 INTRODUCTION The City Council is requested to approve the Memorandum of Understanding (MOU) for right-of- way and easement acquisition related to City Project 05-11, Tulip Street NW. DISCUSSION Staff has negotiated with for the last few months with residents north of 161 st Avenue along Tulip Street to acquire needed right-of-way and drainage and utility easements to improve Tulip Street. Attached are the MOU's which include the acquisition amounts that have been negotiated with each property. The methodology was consistent with each negotiation starting with a base amount of $500.00 for each property that was impacted. Please refer to the MOU's for details. BUDGET IMP ACT Right-of-way and easement acquisition totaling $62,960.00 shall be funded by the City's Road & Bridge Fund. ACTION REOUIRED The City Council is requested to approve the Memorandum of Understanding for right-of-way and easement acquisition for City Project 05-11, Tulip Street NW. Respectfully submitted, David D. Berkowitz Attachments: Memorandum of Understanding/ ~(). ,; ; NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Memorandum of Understanding June 27, 2006 Meadow Creek Christian School (MCCS) Subject: Tulip Street Right of Way and Ponding Easement With the goal of completing the necessary improvements for the Tuilp Street construction project, the City of Andover representatives (Jim Dickinson and Dave Berkowitz) and Meadow Creek Christian School (Don Jacobson) have negotiated a fair agreement for the needed right- of-way and ponding to complete the project. The basis of the City's proposal to purchase the ROWand easements is from recent land sales for development. The recent purchases were confirmed with local developers and the County Assessors office. The following indicates the outlined agreement: City of Andover Proposal Full credit given ($35,000/acre) out of flood plain, 10% credit for land in the flood plain ($3,500/acre): Parcel # 6 # 6 # 7 #18 #19 Amount Classification $ 374.50 In Flood Plain $ 1,260.00 Out of Flood Plain $ 5,880.00 In Flood Plain $ 8,680.00 Out of Flood Plain $ 1.155.00 Out of Flood Plain $17,349.50 + foS-oo(bu.e..) -=~r7,B'flJ Parcel numbers are identified on the proposed City of Andover Highway Right-Of-Way Plat #6. Acreage 0.107 acres 0.036 acres 1.680 acres 0.248 acres 0.033 acres x X X X Price/Acre $ 3,500 $35,000 $ 3,500 $35,000 $35,000 = x Temporary construction easements shall be included on the Andover Highway Right-of-Way Plat with no additional compensation. The City agrees to a commitment of a minimum of 500 cubic yards of excavated organic soil. If the project yields more excess organic soil, the city will make that available to MCCS. By signing below, indicates acceptance of the proposal. Once signed, the City will process the necessary documents (at City expense) to complete the trans 'ons. City of Andover Jim Dickinson City Administrator ~NDOvE* 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US Memorandum of Understanding June 27,2006 Charles & Alice Simi 16120 Tulip Street NW PIN: 173224240007 Subject: Tulip Street Right of Way With the goal of completing the necessary improvements for the Tuilp Street construction project, the City of Andover representatives (Jim Dickinson and Dave Berkowitz) and Charles & Alice Simi have negotiated a fair agreement for the needed right-of-way (ROW) to complete the project. The basis of the City's proposal to purchase the ROW is from recent land sales for development. The recent purchases were confirmed with local developers and the County Assessors office. The following indicates the outlined agreement: City of Andover Proposal Full credit given ($35,000/acre) out of flood plain, 10% credit for land in the flood plain ($3,500/acre): ~ Parcel Acreage Price/Acre Amount Classification -0>:> -:--!! Y'to 0.000 acres X $35,000 = $ 0.00 Out of Flood Plain 1{\'~1Q(., . -t-(~Ckr..~ \ -:::: ;s-oo Parcel numbers are identified on the proposed City of Andover Highway Right-Of-Way Plat #6. The existing ROW (prescriptive easement) adjacent to the Simi property is moving away from the property so ROW is needed but not additional ROW above what the City has as prescriptive easement. Temporary construction easements shall be included on the Andover Highway Right-of-Way Plat with no additional compensation. By signing below, indicates acceptance of the proposal. Once signed, the City will process the necessary documents (at City expense) to complete the transactions. City of Andover Jim Dickinson City Administrator ~1Jrrt~j arles Slml ~~~ Alice Simi ~NDOvE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755'8923. WWW.CI.ANDOVER.MN.US Memorandum of Understanding 26, July _, 2006 James & Jo Ann Jones 16134 Tulip Street NW PUN: 173224240008 Subject: Tulip Street Right of Way With the goal of completing the necessary improvements for the Tuilp Street construction project, the City of Andover representatives (Jim Dickinson and Dave Berkowitz) and James & Jo Ann Jones have negotiated a fair agreement for the needed right-of-way (ROW) to complete the project. The basis of the City's proposal to purchase the ROW is from recent land sales for development. The recent purchases were confirmed with local developers and the County Assessors office. The following indicates the outlined agreement: City of Andover Proposal Full credit given ($35,000/acre) out of flood plain, 10% credit for land in the flood plain ($3,500/acre): Parcel # 17 Acreage 0.000 acres X Base Price/Acre $35,000 $ 500 Amount $ 0.00 $500.00 $500.00 Classification Out of Flood Plain Parcel numbers are identified on the proposed City of Andover Highway Right-Of-Way Plat #6. The existing ROW (prescriptive easement) adjacent to the Jones property is moving away from the property so ROW is needed but not additional ROW above what the City has as prescriptive easement. City agrees to accommodate grantors requests as identified in the attached letter. Temporary construction easements shall be included on the Andover Highway Right-of-Way Plat with no additional compensation. . By signing below, indicates acceptance of the proposal. Once signed, the City will process the necessary documents (at City expense) to complete the transactions. City of Andover Jim Dickinson City Administrator Jo ones ;J~ ~ ~ 3-{o ~ ~ ~ ~ cJ~r 7(Zk./o' ~~~ ~NI>OvE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Memorandum of Understanding June 27,2006 John & C.D. (Carol) Davidson 16144 Tulip Street NW PUN: 173224240009 Subject: Tulip Street Right of Way With the goal of completing the necessary improvements for the Tuilp Street construction project, the City of Andover representatives (Jim Dickinson and Dave Berkowitz) and John & Carol Davidson have negotiated a fair agreement for the needed right-of-way (ROW) to complete the project. The basis of the City's proposal to purchase the ROW is from recent land sales for development. The recent purchases were confirmed with local developers and the County Assessors office. The following indicates the outlined agreement: City of Andover Proposal Full credit given ($35,000/acre) out of flood plain, 10% credit for land in the flood plain ($3,500/acre): Amount Classification $ 315.00 Out of Flood Plain .or L S"ODC~) '= ~'8l~,oO Parcel numbers are identified on the proposed City of Andover Highway Right-Of-Way Plat #6. Temporary construction easements shall be inc1u~ed on the Andover Highway Right-of- Way Plat with no additional compensation. Acreage 0.009 acres x Price/Acre $35,000 Parcel # 16 By signing below, indicates acceptance of the proposal. Once signed, the City will process the necessary documents (~t City expense) to complete the transactions. City of Andover Jim Dickinson City Administrator y.D~ ~vidson ~~./LJa-.~~~ C 01 Davidson .. I ; NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CJ.ANDOVER.MN.US Memorandum of Understanding June 27, 2006 Richard & Sally Smebak 16152 Tulip Street NW PIN: 173224240010 Subject: Tulip Street Right of Way With the goal of completing the necessary improvements for the Tuilp Street construction project, the City of Andover representatives (Jim Dickinson and Dave Berkowitz) and Richard & Sally Smebak have negotiated a fair agreement for the needed right-of-way (ROW) to complete the project. The basis of the City's proposal to purchase the ROW is from recent land sales for development. The recent purchases were confirmed with local developers and the County Assessors office. The following indicates the outlined agreement: City of Andover Proposal Full credit given ($35,000/acre) out of flood plain, 10% credit for land in the flood plain ($3,500/acre): Parcel # 15 Amount Classification $ 140.00 Out of Flood Plain +- 'c:-oo o.~k) :: 'c:::>c.fC Parcel numbers are identified on the proposed City of Andover Highway Right-Of-Way Plat #6. Temporary construction easements shall be included on the Andover Highway Right-of- Way Plat with no additional compensation. Acreage 0.004 acres x Price/Acre $35,000 = By signing below, indicates acceptance of the proposal. Once signed, the City will process the necessary documents (at City expense) to complete the transactions. :l/W~ //:;;:~~f/ef _ > ~ 7Ricliard Smebak ,~~~~' , Sally Sme City of Andover Jim Dickinson City Administrator ~NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Memorandum of Understanding June 27, 2006 Robert & Marlys Oie 16212 Tulip Street NW PUN: 173224240025 Subject: Tulip Street Right of Way With the goal of completing the necessary improvements for the Tuilp Street construction project, the City of Andover representatives (Jim Dickinson and Dave Berkowitz) and Robert & Marlys Oie have negotiated a fair agreement for the needed right-of-way (ROW) to complete the project. The basis of the City's proposal to purchase the ROW is from recent land sales for development. The recent purchases were confirmed with local developers and the County Assessors office. The following indicates the outlined agreement: City of Andover Proposal Full credit given ($35,000/acre) out of flood plain, 10% credit for land in the flood plain ($3,500/acre): Parcel # 14 Acreage Price/Acre Amount Classification ...Q.QQ8 acres X $35,000 $ 289.e8 Out of Flood Plain 0.00 0.00 -t-t~ (bU-) ~~S-OO Parcel numbers are identified on the proposed City of Andover Highway Right-Of-Way Plat #6. Temporary construction easements shall be included on the Andover Highway Right-of- Way Plat with no additional compensation. By signing below, indicates acceptance of the proposal. Once signed, the City will process the necessary documents (at City expense) to complete the transactions. 4;7 ~a R&bert Oie cY'~~[)A-;) Marly O' City of Andover Jim Dickinson City Administrator ~NDOVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Memorandum of Understanding July 19, 2006 Jeffrey Hanson 16220 Tulip Street NW PIN: 173224240002 Subject: Tulip Street Right of Way With the goal of completing the necessary improvements for the Tuilp Street construction project, the City of Andover representatives (Jim Dickinson and Dave Berkowitz) and Jeffrey Hanson have negotiated a fair agreement for the needed right-of-way (ROW) to complete the project. The basis of the City's proposal to purchase the ROW is from recent land sales for development. The recent purchases were confirmed with local developers and the County Assessors office. The following indicates the outlined agreement: City of Andover Proposal Full credit given ($35,000/acre) out of flood plain, 10% credit for land in the flood plain ($3,500/acre): Parcel #11 Acreage 0.000 acres X Base Price/Acre $35,000 $ 500 = Amount $ 0.00 $ 500.00 $ 500.00 Classification Out of Flood Plain Parcel numbers are identified on the proposed City of Andover Highway Right-Of-Way Plat #6. The roadway adjacent to the Hanson property is moving away from the property so ROW is needed but not additional ROW above what the City has as prescriptive easement. Temporary construction easements shall be included on the Andover Highway Right-of-Way Plat with no additional compensation. By signing below, indicates acceptance of the proposal. Once signed, the City will process the necessary documents (at City expense) to complete the transactions. City of Andover Jim Dickinson City Administrator No~~~~~b CJ7/f -, jZ7/0k:. ?-~?-oG \ t) ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US Memorandum of Understanding July 26, 2006 Larry & Susan Small 16228 Tulip Street NW PIN: 173224240023 Subject: Tulip Street Right of Way With the goal of completing the necessary improvements for the Tulip Street construction project, the City of Andover representatives (Jim Dickinson and Dave Berkowitz) and Larry and Susan Small have negotiated a fair agreement for the needed right-of-way (ROW) to complete the project. The basis of the City's proposal to purchase the ROW is from recent land sales for development. The recent purchases were confIrmed with local developers and the County Assessors office. The following indicates the outlined agreement: City of Andover Proposal Full credit given ($35,000/acre) out of flood plain, 10% credit for land in the flood plain ($3,500/acre): Parcel # 10 Acreage 0.000 acres Base x Price! Acre $35,000 $ 500 Amount $ 0.00 $500.00 $500.00 Classification Out of Flood Plain Parcel numbers are identified on the proposed City of Andover Highway Right-Of-Way Plat #6. The roadway adjacent to the Small's property is moving away from the property so ROW is needed but not additional ROW above what the City has as prescriptive easement. Three new 6 foot trees will be planted on the grantors property. A new bituminous driveway will be constructed from the Tulip Street to the grantors existing bituminous drive. Temporary construction easements shall be included on the Andover Highway Right-of-Way Plat with no additional compensation. City of Andover shall compensate the grantor for any additional expenses that may be incurred relating to the abstract and/or surveys resulting from this transfer of land on Tulip Street for the right-of way. The project is scheduled to begin in mid August 2006 and be substantially complete by November 2006 and final completion by spring/summer 2007. By ordinance the contractor is allowed to work Monday through Sunday 7 am to 10 pm. Contractors typically work weekdays with an occasional Saturday. Dust control will be provided during the construction activities to prevent sand particle pollutants. By signing below, indicates acceptance of the proposal. Once signed, the City will process the necessary documents (at City expense) to complete the transactions. ~0.~lL~7' City of An~a ~ Jim Dickinson City Administrator S 11 ~~~ Susan Small . '-/}~~rJlflJJ1rwJ 'l-c:?~ -()t,? .d,~ ~ _ . '/,1..,&'._ ,....._ MICHElLE L. HARTNER NOTARY PUBUC . MINNESOTA My CcmmIs$ial Expires Jan, 31, 2010 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Memorandum of Understanding July 19, 2006 Patrick & Barbara Hanle 16236 Tulip Street NW PUN: 173224240024 Subject: Tulip Street Right of Way With the goal of completing the necessary improvements for the Tuilp Street construction project, the City of Andover representatives (Jim Dickinson and Dave Berkowitz) and Patrick and Barbara Hanle have negotiated a fair agreement for the needed right-of-way (ROW) to complete the project. The basis of the City's proposal to purchase the ROW is from recent land sales for development. The recent purchases were confirmed with local developers and the County Assessors office. The following indicates the outlined agreement: Citv of Andover Proposal Full credit given ($35,000/acre) out of flood plain, 10% credit for land in the flood plain ($3,500/acre): Parcel # 9 Acreage 0.031 acres X Base Price/Acre $35,000 $ 500 = Amount $ 1,085.00 $ 500.00 $ 1,585.00 Classification Out of Flood Plain Parcel numbers are identified on the proposed City of Andover Highway Right-Of-Way Plat #6. Temporary construction easements shall be included on the Andover Highway Right-of- Way Plat with no additional compensation. The City agrees to a commitment of transplanting 3 existing trees (if needed) within the grantors property. By signing below, indicates acceptance of the proposal. Once signed, the City will process the necessary documents (at City expense) to complete the transactions. City of Andover Jim Dickinson City Administrator @ttLk ,~ Patrick Hanle j:;arvbAA/1L )~ Barbara Hanle 1 \ \} 1 NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Memorandum of Understanding June 27, 2006 Dehn Property Subject: Tulip Street Right of Way AcquisitionIPonding Easement On May 17, 2006 a preliminary discussion relative to the Tulip Street Improvement project was held at City Hall. Since that meeting, the City has researched the needed right-of-way (ROW) and ponding easements to complete the project. The ROW necessary from the Dehns is approximately of 1.144 acres of ROW (upland and floodplain or wetland) and .694 acres of ponding easement (upland and wetland). The basis of the City's proposal to purchase the ROWand easements is from recent land sales for development (a strictly farming land sale did not appear appropriate). The recent purchases were confirmed with local developers and the County Assessors office. . Citv of Andover Proposal Full credit given ($35,OOO/acre) out of flood plain, 10% credit for land in the flood plain ($3,500/acre) and 25% sale value if easement ($35,000 X 25% = $8,750). . Parcel Acreage Price/Acre Amount Classification #1 0.664 X $8,750 $5,8 Hl.OCl Ponding 04~"f ~ ee:.,o7Z.. <; Easement #1 0.030 X 3,500 105.00 Wetland #2 0.391 X 35,000 = 13,685.00 Out of flood plain #2 0.089 X 3,500 311.50 In flood plain #3 0.191 X 35,000 = 6,685.00 Out of flood plain #4 0.126 X 35,000 = 4,410.00 Out of flood plain #4 0.061 X 3,500 = 213.50 In flood plain #5 0.001 X 35,000 35.00 Out of flood plain #5 0.077 X 3,500 = 269.50 In flood plain #8 0.208 X 35,000 = 7,280.00 Out of flood plain #8 0.001 X 3,500 3.50 In flood plain -$-J8,868.06 ;- t S"oc(Dcc.&c.. ) -=~3~ 570, .. 3t 070.5"0 , I Parcel numbers are identified on the proposed City of Andover Highway Right-Of-Way Plat #6. Temporary construction easements shall be included on the Andover Highway Right-of-Way Plat with no additional compensation. By signing below, indicates acceptance of the proposal. Once signed, the City will process the necessary documents (at City expense) to com lete the transactiQ ,/- City of Andover Jim Dickinson City Administrator CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Discuss Outdoor Concert Events DATE: August 15,2006 INTRODUCTION At the July 25, 2006 Council Workshop (minutes attached), the Council indicated a desire to have a formal agenda item to discuss a noise issue related to a recent outdoor concert held at Pov's Sports Bar. DISCUSSION On July 5, 2006 the Council approved an extension of the liquor license for Pov's Sports Bar for their enclosed ball fields for July 2151 and 22nd, 2006 ending at midnight each evening (minutes of the July 5th discussion are attached). Historically Pov's held the outdoor concert in conjunction with the Andover Family Fun Fest, but this year Pov's decided to have the concert two weeks later to attract a nationally know band (minutes of the March 21,2006 City Council meeting are attached to confirm the intent). Tanner's Steakhouse has also held some outdoor events over the past few years. The Council may recall that a complaint was received from a Coon Rapids residence two years ago, but at that time the Sheriffs office indicated no other complaints on Tanners were received. It is unknown at this time if the new management at Tanners will be coordinating any outdoor events. Other outdoor events where concerts are held in the City of Andover generally are associated with City sponsored events such as the Andover Family Fun Fest (newsletter excerpt attached) and Concert in the Park at the Community Center (brochure attached). To assist in the discussion I have provided applicable City Code that addresses the issue of noise. ACTION REOUESTED Discuss outdoor concert events and provide direction to staff. Attllchm~nt"l Special Andover City Council Workshop Meeting Minutes - Julv 25, 2006 -Pub'" 8 but there is no immediate deadline. Councilmember Knight stated he would like this docurnent to have a colored cover page. Councilmember Trude stated she would also like this document to be bound. Councilmember Trude asked if the City knew who the ham radio operators are in town in the event telephone and mobile lines are down. Fire Chief Winkel responded they did know who the ham operators are and they would work with the City in the event of an emergency. OTHER BUSINESS A. Clean Up After Last Storm Acting Mayor Orttel asked if it would make sense to put some money away each year for storm related damage. He was going to talk to the League of Minnesota Cities about obtaining some type of insurance for this. Part of the problem is that these types of storms are large in scope. B. Permit Councilmember Jacobson stated the City had issued a permit for Pov's recently and there were issues with noise. He asked ifPov's Pov's should be informed now that the permit would not be issued next year because there would be more housing around there so they could plan accordingly and that they need to follow the noise ordinance. Fire Chief Dan Winkel stated there could also be an issue with softball games going on after 10:00 p.m. with the townhomes going in. L Coundlmembcr Jooobwn ,""<=I,d tbi, b, put on tho """ Counoil moeting agonda Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 9:26 p.m. Respectfully submitted, Kathy Altman, Recording Secretary Q Regular Andover City Council Meeting Minutes - Julv 5, 2006 Page j- ~ own the right-of-way so they can actually utilize State Aid funds on the project. They will need to complete that to move forward. APPROVE EXTENSION OF LIQUOR LICENSE/POV'S SPORTS BAR/JULY 21 & 22, 2006 City Administrator Dickinson stated Mr. Brad Pov1itzki, owner of Po v's Sports Bar, has requested an extension of his liquor license. Councilmember Trude stated she had this pulled because in the future there will be homes constructed adjacent to Pov's outdoor baseball fields and she also did not notice a time period for the license other than those dates and she knew when they approved one for Tanner's they had hours it would end at. Mr. Dickinson stated the request was for ending at midnight in the letter from the applicant but they can add a modification to the resolution making sure the time is a part of the record and pass it along to the applicant. Councilmember Trude thought they need to defme it by time and space whenever they extend the liquor license for establishments. Mr. Dickinson stated one of the criteria with the Bruggeman land sale was notification to the property owners that there is a ballfield there. That is one of the criteria that the applicant requested. Councilmember Trude stated in the future with the homes going up, it might affect the applicant's ability to do outdoor events. Motion by Trude, Seconded by Knight, to approve the extension of Po v's liquor license for their enclosed ballfields for July 21and 22, 2006 ending at midnight each evening. Motion carried 4 ayes, I nay (Jacobson) AWARD BID/WOODLAND CROSSINGS (05-32), SHA W'S GLEN (05-24), CARDINAL RIDGE (05-20) & ADJACENT PARCELS City Administrator Dickinson explained the City Council is requested to receive bids and award the contract for Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) and adjacent parcels. Motion by Jacobson, Seconded by Orttel, to approve the resolution accepting bids and awarding the contract to Redstone Construction Co., Inc. in the amount of$l ,928,781.28 for Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) and adjacent parcels. Mr. Dickinson stated they have received all of the receipts of the recording of the plats and they are all recorded. ~ REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 21,2006 MINUTES ~ The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, March 21,2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, 11ilInesoUL Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Julie Trude Ken Orttel City Attorney, William Hawkins City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE Outdoor Concert - Mr. Brad Povlitski, Pov's Sports Bar, stated he was at the meeting to check to see if he could have his outdoor concert two weeks later than usual. He stated the venue is a national one. Mayor Gamache did not think the outdoor concert really correlates with the Fun Fest because it is in a different part of the City. He indicated he would not have a problem with that. Councilmember Jacobson wondered if Mr. Povlitski would still conform to the time frame like other years. Mr. Povlitski stated he would. Councilmember Knight wondered where the concert would be outdoors. Mr. Povlitski stated it would be out in the ball field facing the building so the noise would be cut down. Captain Jenkins stated they do no usually get many complaints about outdoor concerts. He wondered if there would be any presale tickets to indicate the size. Mr. Povlitski stated he was not sure how many people there would be because they do not have a cut off limit outside like they would indoors. Councilmember Jacobson stated he would still have to apply for the outdoor liquor license and abide by the time rules. Mr. Povlitski stated he would do that. (0 !~;"Fi \\ \, , ,\, , ... .~,,,,,..._.,,::,., 11 /' '~' & I.,t /",'" "^ .....:< ~'1. "4 :' /"" '1/,'.:i I " 11 :00 a,m.-4:00 p.m, , , , , , , ,. Noon-4:00 p.m, " Noon-8:00 p,m. ., ,10:00 p,m,-MirlniQht )( .,. ,1 :00 p.m,-9:30 p,m. Carnival Food Vendors Hot Foot Stompers Square Dance Demo Craft Fair.... .. . .. .. .. ..,.. .... .. . 5:00 p,m.-1 0:00 p.m. Community Center - Open Skate. 6:00 p.m.-9:00 p.m. Bingo, " " '" ," , , . " , . . " " " 6:00 p,m.-9:00 p.m, Magician.................. ...... 7:00 p.m.-7:45 p.m. Lions Beer Garden" . ". "" '" . . , " 6:00 p.m.-11 :00 p,m. Kick-Off Dance "LOOSE CANNON" . . , " 8:00 p.m.-11 :00 p.m, - , )( SATURDAY. .JULY 8 Food, Entertainment, Carnival, Craft Fair, Community Booths 5K Fun Runl\Nalk (Registration-7:00 a.m.) . 8:00 a.m.-1 0:00 a.m, Baby Crawling Contest. , , . . , , . . . . . , , . , , , . . . . . 10:00 a.m, If-: Carnival. . . . . . . . . . . . . . . . . . . . . . . . . . . 10:00 a,m,-Midnight Food Vendors. , . , , , . . , . . . . . . . . . . , . . . 10:00 a,m,-Midnight Parade (line-up at 10:15), . . . . . . . . . . . ' , , .' 11 :00 a.m.-Noon Craft Fair, , , , , , , . , , ' , , , , , Pedal Tractor Pull. , . "Celebrity" Dunk Tank, Lions Beer Garden . . Bingo.",.,.""",.."" Under the Big Tent Community Center - Open Skate, . . , ,,1 :00 p,m.-3:30 p.m. Oscar and Half-Pint" " " " " . " ,,1 :00 p,m.-1:45 p.m, Rre/Sheriff Office Safety Fair,. .1 :00 p,m.-5:00 p.m, Balloon Art...,,;,.,. ..., ,2:00 p,m,-4:00 p,m, Magician,.. ,...,.,. ,.....,..,. ,2:15 p.m,-3:15 p,m. Elvis Impersonator. .4:00 p.m,-5:00 p,m. Wonder Weavers Family Crafts. " " ' . .4:00 p.m,-6:00 p,m. Wellness Van.. '" " .., , " '" , . , '" , . ' ,,4:00 p.m.-8:00 p.m. Community Center - Open Skate, . . , . ,5:00 p,m.-8:00 p.m. Betty Rydell Show,. ".., ,6:00 p,m.-7:00 p.m, Fire Works (sponsored by Andover Lions) , , , , , , . , , . , . , 10:00 p.m, Street Dance "THE LAW"" . 8:00 p,m.-11 :30 p.m. 4<. HEY BABYI DON'T MISS THE ANDOVER FUN FEST. BABY CRAWLING CONTEST. JULY 8, 2006 All babies must be pre-registered A ~..,5 (.~_~. As part of rhe Andover ...~~ FamIly Fun Fest, a baby crawling contest will be held at 10:00 am at Andover City Hall. All crawling infants. 6-12 month arc eligible to participate. Contest Criteria: 1, Baby must crawl to the finish line, Walkers will be disqualified. 2. In case of a tic, there will be a "crawloIT", 3. Absolutely no registration the day of the cvent! PRIZES WILL BE AWARDED To enter the contest. please complete this application and drop oIT at City Hall.Forms must be received at City Hall on or before July 6 by 4:30 p,m, City of Andover Attn: Baby Crawling Contest 1685 Crosstown Boulevard NW Andover, MN 55304 r---- ---., BABY CRAWLING CONTEST · PLEASE PRINT . Name of Baby . . Date of Birth . Parent's Name . Address . City · Zip Code 'p . S' arents Ignature L_____ Age in months State Phone @: - - .. "Concert in the Park" at the ~NDOVER~ coJtJJtJtlJJi(y CtfJJmr Wedne~day, ~6 ~o pm -9:30 pm~ # 6:00.pm Adrenaline 8:00 pm ~ \:::iJ~ The Circle Back Band www.circlebackband.com Bring your friends, family and a chair. Please No Alcohol. Thank you to our local sponsors! . American Family Insurance Jeff Baker Agency 763-755-1845 Your J.D. Power & Associates Customer Satisfaction Awarded Agent for Andover . ReMax Associates Plus, Inc. Gale and Wendy Haisley 763-323-6243 . Body Image Tanning 763-422-0020 . Taho Sports 763-862-3311 . Big Bite Pizza 763-754-9999 . ReMax Associates Plus, Inc. Rod Schimmel Group 763-398-6300 . Ace Solid Waste 763-427-3110 . ReMax Jim Borden and Dawn Youngren 763-755-1100 . Good Guy Music 763-413-8600 . Planet Beach Tanning Salon 763-754-8500 . Roger's Auto Body 763-755-7788 . Northwest Transmission 763-754-3055 . Bill's Superette 763-427-0504 . G-WilI Liquors 763-421-1117 . Beck's Auto 763-754-6030 . Woodland Creek Golf Course 763-323-0517 . 1st Regents Bank 763-755-4227 . Pov's Sports Bar & Grill 763-755-2323 . Marco's Pizza 763-755-1910 In case of rain, concert will be held indoors at the Andover Community Center Field House For more information call 763-767-5100 @ c Iw;s Ie...... N v ~ 7t1 n rr'S ~ 1. A dwelling unit in the commercial district located in a commercial structure shall not occupy the front half of the ground floor or basement. 2. A dwelling unit in a commercial or industrial building shall not contain more than one bedroom. 3. No detached dwelling unit shall be permitted in the commercial or industrial districts. 4. A dwelling unit that is a part of the principal building shall be provided with one outside entrance. (Amended Ord. 8,10-21-1970) 12-13-18: RADIATION AND ELECTRICAL EMISSIONS: No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any such point of any equipment other than that of the creator of such disturbances. (Amended Ord. 8, 10-21-1970) 12-13-19: OTHER NUISANCE CHARACTERISTICS: No odors, vibration, smoke, air pollution. liquid or solid wastes. heat, glare, dust, or other such adverse influences shall be permitted in any district that will in any way have an 'c;) objectionable effect upon adjacent or nearby property. All wastes in all districts shall be disposed of in a manner that is not dangerous to the public health and safety nor will damage public waste transmission or disposal facilities. Minimum standards shall be as follows: o Odors Table III (Odor Thresholds) in Chapter 5, Air Pollution Manual, a copyright of 1951 by Manufacturing Chemists Association, Incorporated, Washington. District of Columbia and subsequent revisions. G Vibration (;) Any vibration discernible (beyond property line) to the human sense of feeling for three (3) minutes or more duration in anyone hour and any vibration producing an acceleration of more than 0.1 Gs or resulting in any combination of amplitudes and frequencies beyond the safe range of Table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any structure. Smoke Any emission of visible smoke of a shade darker than NO.1 on the Ringelmann smoke chart, as published by the United States Bureau of (j Q Mines; except. that visible gray smoke of a shade not darker than NO.3 on said chart may be emitted for not more than four (4) minutes in any thirty (30) minutes. Air pollution (fly ash, dust. fumes, vapor, gases, etc.) Any emission which can cause any damage to health, animals, or vegetation or other forms of property, or which can cause any excessive soiling at any point, and in no event any emission of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit (5000F) and fifty percent (50%) excess air. (Amended Ord. 8,10-21-1970; amd. Ord. 31410-4-2005) 12-13-20: VISUAL STANDARDS: A. Policy: It is hereby affirmed as essential public policy that the appearance of this community is a proper matter for public concern and that all open spaces, buildings, signs. plantings, surfaces, and structures which may be seen from the public ways and water bodies are subject to the provisions of this title. B. Prohibited Exteriors: 1. On any non-residential building, the following material shall not be permitted on exterior wall surfaces: a. Aluminum, steel and metal, except as an accent material; b. Common or painted concrete blocks; c. Metal; d. Galvanized steel (see Subsection 12-13-25F of this chapter); e. Structural clay tile; f. Sheet metal, either corrugated or plain (see Subsection 12-13- 25F of this chapter); g. Similar materials. 2. Such materials, however, may be used as an accent material to @ CHAPTER 6 NOISE CONTROL SECTION: 5-6-1 : 5-6-2: 5-6-3: 5-6-4: 5-6-5: Definitions Noises Prohibited Hourly Restrictions On Certain Operations Receiving Land Use Standards Administration; Testing Procedures, Studies. And Noise Impact Statements Enforcement; Penalties 5-6-6: 5-6-1: DEFINITIONS: Words and phrases defined in this section have, when used in this chapter. the meanings below. Any other word or phrase used in this chapter, and defined in regulations of the Minnesota Pollution Control Agency (MPCA) Noise Pollution Control Rules Chapter 7030, has the meaning given in those regulations. AIR CIRCULATION DEVICE: Mechanism designed and used for the controlled flow of air used in ventilation, cooling, or conditioning, including, but not limited to, central and window air conditioning units. L 10: A sound level, expressed in decibels (dBA) which is exceeded ten percent (10%) of the time for a one hour period. as measured by a sound meter having characteristics as specified in the latest standards, S1.4, of the American National Standards Institute and using generally accepted test procedures adopted by the MPCA. L50: A sound level, expressed in decibels (dBA), which is exceeded fifty percent (50%) of the time for a one hour period, as measured by a sound level meter having characteristics as specified in the latest standards, S1.4, of the American National Standards Institute and using generally accepted test procedures adopted by the MPCA. PERSON: An individual, firm. partnership, corporation, trustee. association, the state and its agencies and @) subdivisions, or any body of persons whether incorporated or not. With respect to acts prohibited or required herein, "person" shall include employees and licensees. (Amended Ord. 230, 6- 17-1997) 5-6-2: NOISES PROHIBITED: No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs. injures, or endangers the comfort, health, peace, safety, or welfare of any persons or precludes their enjoyment of property or affects their property's value. The general prohibition is not limited by the specific restrictions of the following: A. Motor Vehicles: No person shall operate a motor vehicle in the city in violation of the motor vehicle noise limits of the Minnesota Pollution Control Agency. B. Horns, Audible Signaling Devices: No person shall sound any signaling device on any vehicle except as a warning of danger, as required by Minnesota Statutes Section 169.68, as amended. C. Exhaust: No person shall discharge the exhaust. or permit the discharge of the exhaust, of any steam engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations. D. Defective Vehicles Or Loads: No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. E. Loading, Unloading, Unpacking: No person shall create loud and excessive noise in loading, unloading, or unpacking any vehicle 1. (9 Radios, Phonographs, Paging Systems: No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph. paging system, machine, or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine, or other device between the hours often o'clock (10:00 P.M. and seven o'clock (7:00) A.M. in such a manner as to be p alnly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of fifty feet (50'). if the source is located outside a structure or building, shall be prima facie evidence of a 1 See subsection 12-14-11A3 of this code for specific hours. <9--j! @ G) violation of this section. Noisy Parties Or qatherings: When a police officer determines that a gathering is creating an excessive noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every effort to see that the disturbance is stopped. H. Loudspeakers, Amplifiers For Advertising: No person shall operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle. I. Adjacent To Schools. Churches And Hospitals: No person shall create any excessive noise on a street, alley, or public grounds adjacent to any school, institution of learning, church, or hospital when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution. (Amended Ord. 230, 6-17-1997) 5-6-3: HOURLY RESTRICTIONS ON CERTAIN OPERATIONS1: A. Construction Activities: No person shall engage in or permit construction activities involving the use of any kind of electric powered, diesel powered or gas powered machine or other equipment which creates noise that is audible at the property line, except between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. B. Other Permitted Activities: 1. The following acts or noises are permitted between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. daily: a. Equipment used in connection with special events or activities which are authorized, sponsored, permitted or approved in the city by the City Council, so long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such activity. 1 See also subsection 12-14-11A3 of this code, hours restricted for loading and unloading materials near residential districts. G-" (\}) b. Church bells, chimes or carillons, school bells, or emergency civil defense warning signals. c. Antitheft devices. d. Machines or devices for the production of sound on or in authorized emergency vehicles. 2. Noise created exclusively in the performance of emergency work to preserve the public health, safety, or welfare, or in the performance of emergency work necessary to restore a public service or eliminate a public hazard shall be exempt from the provisions of this chapter for a period not to exceed twenty four (24) hours after the work is commenced. Persons responsible for such work shall inform the Zoning Administrator or other city employee of the need to initiate such work or, if the work is commenced during non-business hours of the city. at the beginning of business hours of the first business day thereafter. Any person responsible for such emergency work shall take all reasonable actions to minimize the amount of noise. (Amended Ord. 230, 6-17-1997) 5-6-4: RECEIVING LAND USE STANDARDS: A. No person shall operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in Table 1 for the receiving land use category specified when measured at a point of normal human activity of the receiving land use. TABLE 1. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS Day Night (7:00 A.M. - 10:00 P.M.) (10:00 P.M. - 7:00 A.M.) Land Use Districts L10 L50 L10 L50 Residential 65 60 55 50 Commercial 70 65 70 65 Industrial 80 75 80 75 B. These levels prescribed do not apply to noise originating on public streets and alleys, but such noise shall be subject to other applicable sections of this chapter. (Amended Ord. 230, 6-17-1997) @) 5-6-5: ADMINISTRATION; TESTING PROCEDURES, STUDIES, AND NOISE IMPACT STATEMENTS: A. Administrative Officer: The noise control program established by this chapter shall be administered by the City Administrator or designee. B. Testing Guidelines: The city shall adopt guidelines establishing the test procedures and instrumentation to be used in enforcing the provisions of Section 5-6-4 of this chapter imposing noise standards. A copy of such guidelines shall be kept on file in the Planning and Zoning Department and shall be available to the public for reference during office hours. C. Studies: The City Administrator or designee shall conduct such research. monitoring, and other studies related to sound as are necessary or useful in enforcing this chapter and reducing noise in the city. He or she shall make such investigations and inspections in accordance with the law as required in applying ordinance requirements. D. Noise Impact Statement: The City Administrator or designee may require any person applying to the city for a change in zoning classification or a permit or license for any structure, operation, process, installation, or alteration, or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the officer. He or she shall evaluate each such statement and make appropriate recommendations to the Councilor other agency or officer authorized to take the action or approve the license or permit applied for. (Amended Ord. 230, 6-17-1997) 5-6-6: ENFORCEMENT; PENALTIES: A. Notice Of Violation: When the city determines that a noise exceeds the maximum sound level permitted under Section 5-6-4 of this chapter, written notice of the violation shall be given to the owner or occupant of the premises where the noise originates, and such person shall be ordered to correct or remove each specified violation within such reasonable time as is prescribed in the notice. The failure to remove or correct any such violation within the time so prescribed constitutes a violation of this chapter. B. Civil Remedies: This chapter may be enforced by injunction, action for abatement, or other appropriate civil remedy. C. Criminal Penalties: Any violation of this chapter involving the operation of a motor vehicle is a petty misdemeanor and. upon conviction, the violator shall be punished by a fine not to exceed one hundred dollars ($100.00). @ Every person who violates any other provision of this chapter is guilty of a misdemeanor and shall, upon conviction, be punishable as provided in Section 1-4-1 of this code. (Amended Ord. 230, 6-17-1997; amd. 2003 Code) @ c;; 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Community Center Advisory Commission Appointment DATE: August 15,2006 INTRODUCTION Recent correspondence has been received from Dan Masloski (attached) indicating his desire to step down as the Park Commission representative on the Community Center Advisory Commission (CCAC). Mr. Masloski was appointed by the Council to the CCAC on February 7, 2007. DISCUSSION The CCAC By-Laws indicate that one of the seven members of this Commission will be from the Andover Park and Recreation Commission. At the February 7th City Council meeting when the Council appointed Mr. Mas10ski, two other commissioners from the Park and Recreation Commission indicated they would be interested in serving on the CCAC, that is still the case and those commissioners are listed below: Dave Blackstad Wendy Albee ACTION REOUIRED Accepted the resignation of Dan Masloski from the CCAC and appoint a new Park and Recreation Commission member to the CCAC. Attachment James Dickinson From: Sent: To: Subject: Dan Masloski [dmasloski@cLchamplin.mn.us] Wednesday. July 26. 200612:28 PM James Dickinson Community Center advisory commission > I am writing this email in regards to stepping down as Park Commission > representation on the community center. Although I think I am a great resource and perfect fit for this commission, I just don't have the time needed to be dedicated to this group at this time. A 6,4, and one year old, Park Commission Chair, starting a little side business in Anoka, plus my day to day activities here at City of Champlin have started to create a shortage of time and sometime need energy to help this advisory group. > > Therefore, I would like to nominate Wendy Albee to the advisory > commission. Her work on the Park Commission has been fantastic. I think we saw some of her vision when she worked with Erick Sutherland on hosting our first concert in the park. She was also the leader commissioner on the Frisbee Golf Course. > > I hope I can continue to be an asset to the community center with just > a phone call. Erick Sutherland and I have started some dialogue on > ice related issues in the past year. I hope in the future he will > give me a call to discuss varies issues that maybe I can have some > insight on or maybe just to offer an opinion a time or two!. > > My work on the > very difficult > always looking Park commission will continue issues this fall. Thanks for forward to our conversations. as we will be tackle some your support and as > > Dan Masloski > Recreation/Arena Manager > 763-923-7163 > dmasloski@ci.champlin.mn.us > "Yesterday is History, Tomorrow a Mystery, Today is a Gift" > 1 CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule EDA meeting DATE: August 15,2006 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the September 5, 2006 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Update on Economic Development Activities 2. Letter of Intent - Due Diligence Progress Review 3. Purchase Agreement Updates 4. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items ACTION REOUIRED Schedule an EDA meeting at 6:00 pm before the September 5, 2006 City Council meeting. ..... @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: August 15,2006 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on Public Improvement Projects 4. Open Space Task Force Update 5. Miscellaneous Projects Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. Reminder: The Administrator will be out of the office from August 16th to August 18th, Please utilize the respective Department Heads for questions. ctfully submitted, ~ Sl\NDbVE~ DATE Auqust15.2006 ITEMS GIVEN TO THE CITY COUNCIL ~ July 2006 Monthly Building Report ~ Country Oaks South Final Plat O(~~ll\af) PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G:\STAFFlRHONDAAIAGENDA\CC L1ST.doc 11- . CITY OF ANDOVER ,--- 2006 Monthlv Buildin~ Report I -- I I TO: Mayor and City Council FROM: Don Olson JULY BUILDING PERMITS Permit/Plan .Ta. Total Valuation II Residential $ 22,001.79 $ 861.90 $ 22,863,69 $ 1,723,800,00 , Single Family 7 15,133,71 601.90 15,735,61 1.203,800,00 Septic I 2,249,53 83,00 2,332.53 166,000,00 'Townhome 3 4,618.55 177,00 4,795.55 354,000,00 4 Additions 1,953,58 37,25 1.990,83 74,500,00 I Garages 301.37 5.05 306.42 10,100.00 6 Basement Finishes 600,00 3,00 603,00 - I Commercial Building 6,009,71 292,65 6,302.36 585,296.00 - Pole BldgslBams - - - - 3 Sheds I 319,96 3,75 323,71 7.500,00 5 Swimming Pools 554,35 12,55 566,90 25,100,00 2 Chirnney/StovelFireplace 152,15 2,86 155,01 5,733,00 3 Structural Changes 667,82 11.50 679.32 22,500,00 2 Porches 336,10 4,80 340.90 9,600,O_~ 26 Decks 2,765.85 43,84 2.809.69 87,690,00 - Gazebos - - - - - Repair Fire Damage - - - --- 174 Re-Roof 8,850,00 87,00 8,937,00 - -- 53 Siding 2,650,00 26,50 2,676.50 - -- 4 Other 5\3,15 6,15 519,30 31,800,00 I Commercial Plumbing 511.58 9.57 521.15 19,150,00 2 Commercial Heating 434. II 6.45 440,56 12,900,00 7. Commercial Fire Sprinkler 1,681.92 40,82 1,722,74 81,658.42 I Commercial Utilities 617.84 11.90 629,74 23.800,00 - Commercial Grading - - - -=-- I 306 I Total Building Permits $ 50,921.28 $ 1,467,54 $ 52,388,82 $ 2,721,127.42 I PERMITS Permit/Plan Ta. Total Fees Collected 306 Building Permits $ 50,921.28 $ 1,467.54 $ 52,388,82 - Ag Building - - - - Curb Cut - - - 2 Demolition 200,00 - 200.00 3 Fire Pennits 118.32 - 118,32 $ 9,465.00 - Footing - - - - Renewal - - - - Moving - - - 56 Heating 3,120.50 28.00 3.148.50 20 Gas Fireplaces 1,000,00 10,00 1.010.00 33 Plumbing 2,465,00 16.50 2,481.50 99 Pumping 1.485.00 - 1,485.00 4 Septic New 250,00 2,00 252,00 4 Septic Repair 200,00 2,00 202,00 II Sewer Hook,Up 275,00 0.50 275.50 II Water Meter 550,00 - 550,00 - Sewer Change Over/Repair - - - - Water Change Over - - - 14 Sac Retainage Fee 217,00 . - 217,00 II Sewer Admin, Fee 165,00 0,50 165.50 12 Certificate of Occupancy 120,00 - 120,00 II License Verification Fee 55,00 - 55,00 - Reinspection Fee - - - 7 Contractor License 350,00 . 350,00 49 Rental License 1 2,686,00 - 2,686,00 . - Health Authority - - . 653 TOTALS $ 64,178.10 $ 1,527.04 $ 65,705.14 $ 2.730,592.42 Total Number of Homes YTD 2006 101 Total Number of Homes YTD 2005 III Total Valuation YTDI I 2006 $ 19,469,996,84 Total Valuation YTDI I 2005 $ 25,621,339.00 Total Building Department Revenue YTD 2006 $ 450,918,05 Total Building Department Revenue YTD 2005 $ 462,190,94 , _3-0(,0 "./t<. 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"<z; g;.. !,t""""2.{ ::I it 5'~&- ~ . ~'" ~ isg. f ~ IIi !- ! !l'r!J '6' ~ ila. t1 1 N! o~ i ] lQ;:~ ~ !: ;no ~ ~ g~!f ~ a. g1i i ii' ,~ ~; Tt~EET ! N.',:'.!. C/J ~-JT I I ~.J ~~ ~~ N'" (;;)1$ C::J -K~ ---- ~ ~- ~::: fol (/J --" --/ o )> /', (/J ()'J () o C -7 "'- --/ ~O / , () a ~ ~ --< ~ @ C/) a c: ~ - -- -00 w~ g ;+ ~'< i'...... 0 'O'<~ ~g,~ N)>Cl. . ~ 0 ~~~ !'O N ... ~ , .. ", ~ .~_. i.........~ NDOVE~,:';~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Items for August 15, 2006 City Council Meeting DATE: August 15, 2006 The City Council is requested to receive the following supplemental information. Consent Items Item #7. Adopt Resolution Appointing Election Judges for Primary Election (Supplemental) - Clerk Add-On Item. Approve Dental Renewal and Employee Contribution (Supplemental)- Administration Discussion Items Add-On Item. Consider Approval of Premises PermitlAHYHA (Supplemental) - Clerk CITY OF NDOVE G) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US CC: Mayor and City Council '\.~ / "- "'. Jim DiOO.,on, City Adnllnimato, - 0 Vicki V olk, City Clerk '" TO: FROM: SUBJECT: Adopt Resolution Appointing Election Judges for Primary Election- Supplemental DATE: August 15,2006 DISCUSSION Attached is the resolution appointing judges for the Primary Election scheduled for September 12, 2006. ACTION REOUlRED Council is requested to adopt the attached resolution. Respectfully submitted, .tL-L U& Vicki V olk City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION APPOINTING JUDGES TO SERVE AT THE SEPTEMBER 12, 2006 PRIMARY ELECTION IN THE CITY OF ANDOVER. WHEREAS, the City Council is required by State Statute to appoint election judges to serve at the September 12,2006 Primary Election. NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as election judges at the September 12,2006 Primary Election. Precinct # 1 - Hope Lutheran Church Gloria Young, ChiefJudge LeeAnn Horton Carol Moeller John Moore Deborah Olson Shirley Olson Richard Snyder Sylvia Volk Precinct #2 - Grace Lutheran Church Kelly Danzl, Chief Judge Nancy Ahlberg Christine Deggendorf . Frances Gargano Micki Harris John Johanson Joann KoecWer Bonnie Lapham Fred Lown Rebecca Pease Marie Romo Precinct #3 - Riverdale Assemblv of God Church Phyllis Kieffer, Chief Judge Virginia Anderson Elaine Boos Herb Conrow Quinley Free Kay Funk Irene Kroll Precinct #3. Cont. Sue McBride Barbara Peters Janice Quick Christine Schonning Connie Schultz Precinct #4 - Crooked Lake Elementary School Gretchen Sabel, Chief Judge Ted Butler Leatrice Cooper Stan Graf Mildred Johnson Peggy Johnson Barb Rule Lorraine Tressel Precinct #5 - Meadow Creek Church Terry VanNote, ChiefJudge Susan Ctvrtnik Ginger Nelson Don Ahlberg Jerome Lapham Luther Romo Precinct #6 - Bunker Hills Activity Center Marlene Westphal, Chief Judge Dan Frost Albert LaCombe Dan Lehrer Judy Lestina Carol Mueller Mary Munson Sandy Roslin Susan Beal Precinct #7 - Constance Free Church Lois Spadgenske, Chief Judge Shirley Beam Naomi Buie Eva Karp Lisa Nicoski Mary Sullivan Loretta Sunderland Edith Tray John Wolf Precinct #7. Cont. Peter Dobratz Tammy Grissman Precinct #8 - Andover Christian Church Tom Johnson, Chief Judge Marie Bourque Charles Buckman-Ellis Corrine Buflham Virginia Hayes Madeline Hoopman Jean Olson Amy Piacentini Sandy Nelson Precinct #9 - Prairie Oak Community Church Cindy Brostrom, Chief Judge Bruce Crane Susan Fanucci Gary Horning Dolores Jeska Norma Johnson Peggy Kuntz Patricia Matthies William Obedoza Marlene Palm Nancy Posl , Crmen Rossi Lucy Schalwig Mary White Precinct # 10 - Andover Elementary School Melissa Rustman, Chief Judge James Anderson Stan Deden Julie Hatley Linda Louie Todd Spanier Michael St. John Robert Stromgren Adopted by the City Council of the City of Andover this 15th day of August. 2006. CITY OF ANDOVER Michael R. Gamache - Mayor Attest: Victoria V oIk - City Clerk CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US TO: CC: FROM: SUBJECT: Approve Dental Renewal and Employer Contribution DATE: August 15, 2006 INTRODUCTION The current City of Andover sponsored employee dental policy contract term expires August 31, 2006. The Human Resources Department has worked with the City's broker Johnson McCann to seek either a contract renewal with the current providers or marketing to other insurance providers to provide a quality, yet affordable employee dental insurance plan. The resulting recommendation is provided below. DISCUSSION The employee dental plan proposed is with Delta Dental designed to offer comprehensive benefits within a competitive cost framework. Renewal rates are as listed: Current Renewal Rate Rate (4.7%increase) Single 30.55 32.55 Single + 1 63.88 69.50 Family 97.21 98.95 Based on the renewal, Human Resources is recommending that the City Council continue covering 100% of a single dental premium and increase the City's contribution to $33.00 per month employer contribution to a family premium. BUDGET IMPACT The proposed mid year 2006 employer contribution increases, based on current group make up would yield an $432.00 increase in costs through December 31, 2006. The funding for the increase would be provided for by 2006 contingency budgets. Appropriate modifications for the increased contributions will be factored into the proposed 2007 budget. ACTION REOUIRED The Andover City Council is requested to approve the Delta Dental insurance proposal. The Council is requested to approve the employer contribution increase by covering 100% of a single dental premium and increase the City's contribution to $33.00 per month employer contribution to a family premium Respectfully submitted, .~~ n~n~ pp.lt~n 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US TO: Mayor and City Council ./ CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Consider Approval of Premises Permit! AHYHA DATE: August 15,2006 INTRODUCTION The Andover Huskies Youth Hockey Association has applied for a premises permit to conduct lawful gambling at Tanners Station. DISCUSSION The new owner of Tanners Station has decided that he would prefer to have the Hockey Association conduct lawful gambling rather than the Andover Baseball Association which is operating at Tanners at the present time. The Hockey Association is presently conducting lawful gambling at Andover Lanes and will continue to do so. City Code Title 5, Section 5-3-3 C states that no organization shall be permitted to conduct gambling in more than 3 establishments with the city. Only one organization is permitted to operate at an establishment. Attached is a copy of the Lease for Lawful Gambling Activity and a resolution approving the premises permit. ACTION REOUIRED Council is requested to consider approval of the premises permit for Andover Huskies Youth Hockey Association to conduct lawful gambling at Tanners Station. Respectfully submitted, fl:L . ()~ Vicki V olk City Clerk Attach: Lease Resolution City Code Title 5, Chapter 3 Minnesota Lawful Gambling LG215 Lease for Lawful Gamblin Activi Checkapplicable item: v' 1. Lease for new appftcation. Submit with new premises permit application, 2. Renewed lease. Submit with premises permit renewal. 3. New owner. Submit new or amended lease within 10 days after new lessor assumes ownership. Date effective-.J-.J 4. Amended lease . Check the change{s} in the lease: _Rent _Premises name _Boothlbar _Aclivilychange _Other Date that changes win be effective ---1-.J_ . Both parties must initial and date aD changes. . Submit chan es at least 10 d . to the cha Ofganization name An v<(.\-tU.S(\.~S. <u!J\ W I ~cii~ I~ '~~\ OfI!i{lllIllI'iiretOfjlliiif~ W 5/06 Page1of2 License oomber J5g43- Slate Cly, ~do~ Cly AnJo~ Cly M'i Slale (^;(y....~ Check aU activities that wiD be mnducted: vNHabs _Pull-tabs with dispensing device _TIpboards ~ -"addIewheeI with table _Bingo ~ bingo Pull-tab, TIpboard, and Paddlewheel Rent (No lease required for raffles.) Booth operation - sales of gamblinq equipment by an omptoyee Bar operation - sales of gambAng equipment Wlhin a leased (or volUnteer) of a /k""sed organization wl!bln a separate ""closure premises by an employee of tile lessor from a cormnon area where that Is distinct from aRaS where food and beverages are sold. food and beverages are also sold. r------------------------------------, Does your organization OR anr ol:ber orga~ coacluct gambling from a booth operation at this location? Yes No L_________________ __~__==_________~ If you answered yes to the question above,. rent limits are If you answered no tothequesl:ion above, rent fimits are based on the ftJIlMng combinations of operation: based on the ftJIlMng combinations of operation: - Booth operation Bar operation - Booth operation and pull-tab cflSpellSing device - Bar operation with pull-tab dispensing device - Booth operation and bar operation - PuII-tab dispensing device only - Booth Ope atiu'l, bar operation, and pulH3b dispensing device 1l1e maximum rentanowed may not exceed $1,750 in total per month for aD organizations atthis premises.. Complete one option: Option A: 0 to 10% of the gross profits per month. Percentage to be paid lo % 1l1e maximum rent anowed may not exceed $2,500 in total per month for all organizations at this premises. Complete one option: Option A: 0 to 20% of the gross profits per month. Percentage to be paid % Option B: When gross profits are $4,000 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $0 $'100 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amountto be paid $ Option C: $0 to $400 per month may be paid on the first $4,000 of gross profit. Amount to be paid $ . Plus 0% to 10% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid % Option C: $0 to $200 per month may be paid on the first $1,000 of gross profits. Amount to be paid $ . Plus 0% to 20% of the gross profits may be paid per month on gross profits over $1,000. Percentage to be paid % Bingo Rent Option D: Oto 10% of the gross profits per month from alJlawful gambling activities held during bingo occasions, excIucfll19 bar bingo. Percentage to be paid % Option E: A ralebased on a cost per square foot not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. No rent may be paid for bar bingo. Rate to be paid $ per square foot. The lessor mustattach documentation, verified by the organization, to confirm the comparable rate and aR applicable costs to be paid by the organization to the lessor. Bar Bingo Rent _OptionF: No rent may be paid for bingo conducted in a bar. New Bingo Activity For any new bingo activity not previously included in a PremisesPermitApplication, attach a separate sheet of paper listing the clays and hours that bingo win be conducted. LG215 Lease for Lawful Gambling Activity Lease Term - The tenn of this lease agreementwill be CllI1ClI!TelItwilh the premises permit issued by the Gambling Control Board (Board). MamrgementofGambIilIg Prohibited - The ll'Mlerofthe premises a the Iessorwill not managethecooductofgambrKTg atthe premises. participation as Players Prohibited - The lessor, the lessor's irnrrrediate family, and any agents a gambling employees of the Iessorwill not participate as players in the conduct of lawful gambrmgon the premises. DIegaI Gambf"mg . The lessor is aware of the prohibition against illegal gamblIng in Minnesota Sta1:ures 609.75, and the penalties for RlegaI gambflf19 violations in MInnesota Rules 7861.0050, Subpart 3. In addItion, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises and that the Iesscr or its employees participated in the illegal gambling or knew of the gamblIng and lfld not take prompt action to ~ the gambling. Ca1l:inued tenancy of the Ol9<Klization is authorized without the payment of rent during the time period determined by the Board forviolations of this provision. . To the best of the lessa's knowledge, the lessor affirms that any and aH games or devices located on the premises are not being used, and are notcapable of being used, in a manner that violates the ~bitions against iHegaI gambling in Minnesota Sta1:ures 609.75, and the penalties forUlegal gambrKTg violations in Minnesota Rules 7861.0050, 5ubpart3. . Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an UI ~ .i.<aUo.. rrustcontinue making rent payments, pursUant to the terms of the lease, if the organization or its agents are found to be solely responsible for any illegal gambrmg conducted at that site that is prohibited by Minnesota Rules 7861.0050, Subpart 1, or Minnesota Sta1:ures 609.75, unless the Olga, .i.dtk....sagents lespclo ISiLle forthe illegal gambling activity are also agents a employees of the lessor. . The lessor shall not malify orterminate the lease in whole or in part because the Ol9<Klization reported to a state or local law enforcement authority or the Board the occurrence at the site of illegal gambling activity in \'<hich the Ol9<Kli2ation did not participate. 5/06 Page2ct2 Other Pruhibitions . The IesscrwiH not impose restrictions on the organization with respectto providers (cfislrilxJtDrs) of gambling-related equipment and services or in the use of net profits for lawful purposes. . The lessor, person residing in the same household as the lessor, the Iessa's immediate family, and any agemsoremployees of the Iessorwill not require the organization to perform any action that lMlUld violate stallIte or rule. If there is a dIspute as to whether a violation of this provision occurred, the lease \'\All remain in effect pending a final determination by the Co~JaIlCe Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shan be the CRG. . The Iessorshall not modify a terminate this lease in whole 01" in part due to the lessors violation of the provisions listed in this lease. Access tD permitted premises - The Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. The Ol9<Klization has access to the pe.ulitkd premises during any time reasonable and when necessary ferthe conduct of lawful gambrlOg on the premises. Lessor records - The lessor sI1aII maintain a reconi ct all money received from the 0. ga'liLatioo I, and make the reo:nI available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record shaH be maintained for a period of 3-1/2 years. Rent aB-incfusiye - Amounts paid as rent by the organization to the lessor are alHnclusive. No other services or expenses provided 01" contrad:ecI by the lessor may be paid by the organi2ation, indudng but not limited to trash remova~ janitDria/ and cleaning services, snow removal, lawn services, electJicity, heat. security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises rrust be approved by the director of the Garrbling Control Board. Rent payments may not be made to an incflvidual Acknowledgment of Lease Terms An obligations and agreements are c:mt:ained in or attached to this lease and are subject to the approval of the dIrector of the Gambfrng Control Board. I aflinn that the lease information is the total and only agreement between the lessor and the organization. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to the lease. Any changes in this lease wiH be submitted to the Gambling Control Board at least 10 days prior to the efl'ectjye date of the change. rf a renegotiated lease is made due to a change in ownership, the new lease will be submitted within 10 days after the new lessor has assumed llWI1ership. list or h other terms or conditions (must be approved by director of Gambling Control Board) z Questions on this form should be directed to the Licensing Section of the Gambling CootroI Board (Board) at 651-639-4000. This publicatio wiU be made available in alternative format (i.e. large print;. Braille) upon request. If you use a TrY; you can call the Board by Il5ing the Minnesota Relay Service and ask to place a caU to 651-639-4000. The infoonation requested on this fonn \'\All becorre publ'lC infotmatjon when received by the Board, and wiU be used to detennine your compl'lilnce with Minnesota statutes and rules governing lawful gambling activities. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER HUSKIES YOUTH HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT TANNERS STATION, 13655 MARTIN STREET NW, ANDOVER, MN. WHEREAS, the Andover Huskies Youth Hockey Association has submitted an application to the City of Andover for a premises permit to operate lawful gambling at Tanners Station, 13655 Martin Street, Andover, MN; and WHEREAS, per Minnesota Gambling Control requirements, a resolution must be adopted by City Council within 60 days of receipt of the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Anoka County, Minnesota, that a premises permit for lawful gambling conducted by the Andover Huskies Youth Hockey Association is hereby approved. Adopted by the City Council of the City of Andover this 15th day of August, 2006. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk SECTION: 5-3-1 : 5-3-2: 5-3-3: 5-3-4: 5-3-5: 5-3-6: 5-3-7: 5-3-8: 5-3-9: CHAPTER 3 GAMBLING Purpose Definitions Licensing Requirements Premises Permit Approved Organizations Management Expenditures, Profits And Taxes Background Information Violation; Penalties 5-3-1: PURPOSE: The purpose of this chapter is to closely regulate and control the conduct of gambling and to ensure that profits derived from gambling activities in the city provide, to the extent authorized by law, direct benefits for the citizens of Andover. (Amended Ord. 258, 5-4-1999) 5-3-2: DEFINITIONS: For the purposes of this chapter, the following words and terms will have the meanings given them: BOARD: LAWFUL GAMBLING: The State Gambling Control Board. The operation of gambling activities by an organization eligible for a license from the Board to conduct such activities. NET PROFITS, LAWFUL PURPOSE, AND ALLOWABLE EXPENSE: Will have the meanings provided in Minnesota Statutes Section 349.12, as may be amended from time to time. PREMISES PERMIT: A resolution adopted by the City Council authorizing the named organization to operate lawful gambling activities at a specified location in the city. TRADE AREA: The cities of Andover, Anoka, Coon Rapids, Ramsey, Oak Grove, and Ham Lake. (Amended Ord. 258, 5-4- 1999) 5-3-3: LICENSING REQUIREMENTS: A. State License Required: Except as specifically exempted by this chapter, no organization may operate lawful gambling activities in the city without a license issued by the Board. B. Disapproval Of License: Nothing contained in this chapter shall be deemed to limit the City Council's authority to disapprove a license for lawful gambling. C. Limitation Of Gambling Licenses: No organization shall be permitted to conduct gambling in more than three (3) establishments within the city. Only one organization shall be permitted to operate or sell lawful gambling devices at an owned or leased establishment. (Amended Ord. 258, 5-4- 1999) 5-3-4: PREMISES PERMIT: A. Qualification For Permit; Compliance With Provisions: No organization may obtain a new or renewal premises permit, or maintain a premises permit, unless the organization and location of the lawful gambling activities remain in full compliance with the provisions of this chapter and all state laws related to lawful gambling as those laws may be amended from time to time. B. Application For Permit: Application for a new or renewal premises permit must be made to the City Clerk on forms provided by the city. C. Number Of Permits Per Location: Only one premises permit may be issued to any particular location in the city. D. Revocation Of Permit: The City Council may by resolution revoke the premises permit of any organization that does not comply with the requirements of this chapter or state gambling laws as those laws may be amended and revised from time to time. Prior to adopting a revocation resolution, the organization will be given at least ten (10) days' notice of the time, date, and place of the revocation hearing. At the hearing, the organization may appear with or without counsel and submit evidence on its behalf. A resolution revoking a premises permit must include the basis for that action. A certified copy of the resolution will be forwarded to the Board. (Amended Ord. 258,5-4-1999) 5-3-5: APPROVED ORGANIZATIONS: A. In order to be eligible for a premises permit, an organization must meet each of the following requirements: 1. The organization has at least fifteen (15) members that are residents of the city. Such organization must conduct regular meetings at least monthly, and each person must attend not less than fifty percent (50%) of all regularly scheduled meetings and pay dues annually in order to be considered a member of such organization for qualification under this chapter. 2. The physical site for the organization headquarters or the registered business office of the organization is located within the city and has been located within the city for at least two (2) years immediately preceding the application for a license. 3. The physical site where the organization regularly holds its meetings and conducts its activities, other than lawful gambling and fund raising, is in the city and has been located within the city for at least two (2) years immediately preceding application for a license. 4. Meet all the qualifications for a lawful gambling license issued by the Board. 5. The paddle wheel game is prohibited except for meat raffles, and no premises permit shall be issued to any organization to conduct the paddle wheel game except for meat raffles. (Amend. 10/18/05, Ord. 315) 6. The maximum rent allowed in leases to charitable organizations must be in compliance with what is set forth in State Statute. No other services or expenses provided or contracted by the lessor may be paid by the organization, including but not limited to trash removal, janitorial and cleaning services, snow removal. lawn services, electricity, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expenditures made by an organization that are related to a leased premises must be approved by the Director of the Gambling Control Board. Rent payments may not be made to an individual. (Ord. 313, 9/06/05) B. Any organization, which meets the conditions set forth above shall certify in writing on its application which conditions are being met. (Amended Ord. 258, 5-4-1999) 5-3-6: MANAGEMENT: All gambling operations must be managed by a bona fide member of the licensed organization. (Amended Ord. 258,5-4-1999) 5-3-7: EXPENDITURES, PROFITS AND TAXES: A. Expenditures For Lawful Purposes: 1. During any year that an eligible organization is licensed to conduct gambling events, not less than ninety percent (90%) of its lawful purpose expenditures will be for lawful purposes conducted or located within the city trade area. A semi-annual report of the expenditures for lawful purposes within the trade area shall be provided to the City Clerk on or before July 2 and February 2 of each year after the date of the adoption of this chapter. 2. Not less than ten percent (10%) per year of the amounts specified herein must be expended for lawful purposes within the city. B. Contribution Of Net Profits: During any year that an eligible organization is licensed to conduct gambling events, such organization shall contribute ten percent (10%) of the net profits derived from lawful gambling to a fund administered and regulated by the city, without cost to such fund, for disbursements by the city of the receipts for lawful purposes. C. Gambling Tax: Pursuant to Minnesota Statutes Section 349.213, a gambling tax is hereby imposed of one-tenth percent (0.1 %) of the gross receipts of each licensed organization from all lawful gambling less prizes actually paid out by the organization. Such tax shall be imposed and commenced to accrue as of September 1, 1991, and shall be payable at the office of the City Clerk on October 2, 1991 and on or before July 2 and February 2 of each year thereafter. D. Records And Reports: All qualified organizations operating gambling devices in the city shall keep monthly financial records of same and provide such records to the City Clerk commencing September 2, 991, and on or before July 2 and February 2 of each year thereafter. (Amended Ord. 258,5-4-1999; amd. 2003 Code) 5-3-8: BACKGROUND INFORMATION: A copy of all applications and reports required by and submitted to the Minnesota Charitable Gambling Control Board shall also be submitted to the City Clerk within seven (7) days after they are submitted to said Board. (Amended Ord. 258, 5-4-1999) 5-3-9: VIOLATION; PENALTIES: Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and subject to all penalties provided under state law. (Amended Ord. 258, 5-4-1999)