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HomeMy WebLinkAboutCC - July 17, 2012�Mpp ,.r.•..+..�. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, July 17, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (6/27/12 Workshop; 7/3/12 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Time Extension/Walmart — Planning 4. Approve Debt Service Payments — Finance 5. Appoint Election Judges for Primary Election — Administration 6. Award Quote /12- 3/2012 Crack Sealing (Supplemental) - Engineering 7. Orderlmprovement/Order Plans & Specs /12 -7 & 12- 12/2012 Trail Maintenance & 2012 Parking Lot Maintenance- Engineering 8. Approve Assignment of Development Agreement /Arbor Oaks Senior Living Project — Administration Discussion Items 9. Anoka County Sheriff's Office Monthly Report — Sheriff 10. Consider Conditional Use Permit Amendment— Subordinate Classrooms - Legacy Christian Academy (Meadow Creek Church) — 3037 Bunker Lake Blvd. NW — Planning 11. Discuss Stop Sign Removal/147"' Avenue NW & Guarani Street NW - Engineering Staff Items 12. Schedule EDA meeting — Administration 13. Schedule August Workshop — Administration 14. Administrator's Report — Administration Mayor /Council Input Closed Session — Public Works Union Negotiations Update Adjournment I, / , , 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Cler SUBJECT: Approval of Minutes DATE: July 17, 2012 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: June 27, 2012 Workshop July 3, 2012 Regular DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ANDOVER CITY COUNCIL WORKSHOP MEETING — JUNE 27, 2012 MINUTES The Workshop Meeting of the Andover City Council was June 27, 2012, 6:04 p.m., at the Andover City Hall, 16 Minnesota. Councilmembers present: Sheri Bukkila, Councilmember absent: None Also present: City Administ Public Works Fire C1 Others REVIEW ARTIF 1 k1 order by Mayor Mike Gamache, :own Boulevard NW, Andover, Julie Trude,,and Tony Howard peer, Dave Berl Todd Haas ick Sutherland A. TASK FORCE APPROVAL OF MEETING MINUTES (JUNE 7, 2012) Task Force Chair Butler_ commented that they have notmet from their June 7t' meeting and need to have 4 approval from task force members here.. He noted that Task Force Members Knight, Bukkila" Schotzko, Johnson, Kowalewski and Beggin are present from their Board. Motion by Task Force Member Knight, Seconded by Task Force Member Bukkila to approve the June 7, 2012, Task Force Meeting_minutes as presented. The motion carried unanimously. B. DISCUSS RECOMMENDAjTION OF TASK FORCE Task Force Chair Butler reviewed the conversation that has been ongoing from the Sports Facilities Task Force. He reviewed a power point presentation. He explained they reviewed the challenges and options for dealing with the sports facilities. He commented they met eight (8) times between January and June. They discussed field use and the limitations of facilities currently. He noted that there has been extensive overuse at Prairie Knoll and Sunshine Parks for outdoor soccer, football and lacrosse. He reviewed that the soccer /football /lacrosse fields have been used extensively, to the point that they have been shut down for weeks at a time to recover. He commented that the demand for sports facility space exceeds what is available currently. He reviewed that they looked at facility types, existing facilities, additional grass surface fields, artificial turf fields, and additional indoor structures. He stated that they are prepared to move forward with findings. He commented on demographics for Andover sports associations. He noted that some numbers from other associations 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 2 were not available to them. He reviewed that the participation figures represent 2009, 2010 and 2011 in Andover. He noted that with the weak economy, and a limited amount of housing growth at the time of the studies, there continues to be growth in sports association participation. He noted that the six (6) through eight (8) and nine (9) through ten (10) year olds are heavy users of the fields which is anticipated to continue in the coming years. He reviewed that outdoor and indoor facilities were discussed. He explained that the task force determined that the potential demand for indoor facilities and existing outdoor facilities issues are two separate issues. He acknowledged that it was determined the most pressing need is the use of available outdoor game facilities. He noted that they have many quality facilities outdoor for the sports associations to use. He added that the number of regulation sized fields is not adequate for soccer, football and lacrosse use. He noted that game fields require lights, quality playing surface of either artificial turf or irrigated grass fields, and adequate parking for participants, family and fans. Field goal posts are also needed for football games. He commented that the Task Force feels outdoor fields area current need and will only be more prominent in years to come. He reviewed surface material facts. He commented that surface grass has rest time taken into account for use. He commented that a natural grass facility with a full - size lacrosse, soccer and football field with lights would cost $350,000 without the cost of land. He commented that maintenance annually is $9,000 a year. He commented there would be 620 hours of use a year for a natural grass facility at a cost of $57 per hour to use. He commented that artificial turf surface has 1,200 hours of use a year which is almost double the grass. He explained that it can be used for a slightly longer season, from mid -April until October. He noted that it can be used as much as people schedule it as it does not require a rest time. He noted that for a facility with a full - sized artificial turf game field would cost almost one million dollars. He explained this would include the additional base surface for the field and lights. He explained there is no rest time needed for artificial turf. He reviewed the hourly cost to use artificial turf is $82 per hour over a ten (10) year period. Councilmember Howard asked if fencing costs are included. Task Force Chair Butler stated that fencing costs are included as they do not want people driving on the field. Councilmember Knight asked about turf replacement costs over the life of the field. Task Force Chair Butler commented that after 10 -15 years the replacement cost is $300,000 to $400,000. He added the drainage base does not need to be replaced but just the turf itself will need replacing. He reported some cities have used their fields for 13 -15 years without replacing them but there is no guarantee this would happen. Task Force Chair Butler commented on the additional advantages for turf. He noted other facilities charge $30 an hour for a local sports association and up to $120 an hour for others. He noted that for locations, the Task Force reviewed several options and found few that are working because of the size and parking lot space needed. He commented that new to this discussion is a pending land Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 3 1 purchase agreement to be used for recreation. He noted alternate locations would be to develop on 2 the City Hall or Community Center campus. He noted it was agreed to do something at Fox 3 Meadows Park in the future. He commented only one regulation sized field would work there. This 4 site also has nearby neighbors and the field would need to be lighted. 5 6 Councilmember Trude asked whether water is available at the sites discussed. 7 8 Task Force Chair Butler noted that a well would need to be drilled at Fox Meadows Park. He asked 9 additional Task Force members to comment on the field needs that they are aware of He 10 commented the sports associations came to the city to request more playing fields out of need. 11 12 Sean Beggin from North Metro Soccer Association has a membership of 2,300 kids in the area, 52 13 percent of these kids live in Andover. He commented that they utilize seven (7) full -sized game 14 fields; four (4) fields in St. Francis, two (2) in Andover at Sunshine Park and one (1) in Ham Lake. 15 He commented that the St. Francis soccer fields are school district fields which they pay to use. 16 17 Councilmember Bukkila asked about Hawk Ridge Park and full -sized field use there. 18 19 Mr. Beggin stated they do not have enough full -sized fields. He explained Hawk Ridge Park is still 20 having issues with the roots growing and is not ready for full -sized field play. 21 22 Councilmember Trude asked why kids are playing at Hawk Ridge Park, but the fields are not 23 referred to as game fields for their age group. 24 25 Mr. Beggin replied the younger players use mini -fields for their games which are not considered 26 game fields. 27 28 Councilmember Trude asked for the total number of fields used to play games by all ages. She 29 commented that a lot of the kids are grade school age. 30 31 Mr. Beggin commented by adding a full -sized field at Hawk Ridge Park they would have one (1) 32 additional field. He replied the largest age group is in elementary school and each year they move up 33 an age group. They are anticipating a 10 percent increase in the overall number of players. 34 35 Mayor Gamache asked what age players use the full -sized field. 36 37 Mr. Beggin commented that age 12 and 13 play on full -sized fields. He commented their largest 38 numbers are just younger than this age bracket. 39 40 Councilmember Trude asked why the smaller fields cannot be called game fields. 41 42 Mr. Beggin commented that they have enough fields for the younger students. Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 4 1 2 Councilmember Bukkila asked about rotating field uses for age groups each year. 3 4 Mr. Beggin commented this would be a good idea. 5 6 Assistant Public Works Director Haas commented at Hawk Ridge. Park there are two (2) medium 7 sized fields with one (1) large one on the west end. He reported that the full -sized field has been 8 divided up to use as smaller fields for the younger kids at this time. 9 10 Councilmember Trude noted that for softball and baseball all fields are counted unless it is 11 oversized. 12 13 Task Force Chair Butler commented that younger kids play in the outfields or side areas of fields. 14 He stated they are looking for the high school sized fields for soccer, football and lacrosse. 15 16 Councilmember Trude confirmed that kids under age 10 have their needs met so it is not actually 52 17 percent of 2,300 kids who are underserved. 18 19 Mr. Beggin commented this year they are using four (4) fields at Andover High School that will not 20 be available to them next year. The school will use them for lacrosse. He reported they use Oak 21 View Middle School as a practice site. He added that a practice field does not have to be full- sized. 22 23 Mike Johnson, Andover Football Association, commented they are limited in space. He commented 24 they have 690 players and of those, 400 play on 100 yard fields. He commented for practicing 25 purposes they play at Sunshine Park and use Prairie Knoll Park east and west fields for games only 26 so they do not tear up the field in- between games. He commented for grades six (6), seven (7), and 27 eight (8) they only have four (4) fields to use. He commented second and third graders play in the 28 outfields. He stated their current arrangement eliminates traveling to cities further away. 29 30 Mayor Gamache asked when lights are used. 31 32 Mr. Johnson commented they are used in the evenings and occasionally on a Friday or Saturday 33 night. He noted there are few games or practices on Friday nights. He added they tend to stay off the 34 fields on rain days. 35 36 Task Force Chair Butler noted the Andover Area Lacrosse Association is not present. 37 38 Councilmember Howard stated lacrosse is the fastest growing sport. He stated the high school field 39 is filled nightly with lacrosse players. 40 41 Task Force Chair Butler commented that an Andover Area Lacrosse Association member 42 participates in the Task Force. He added they are requesting more fields to use. Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 5 1 Mayor Gamache asked what time of year the lacrosse team plays. 2 3 Mr. Beggin stated they play in the spring. 4 5 Councilmember Trude asked whether lacrosse shares the Prairie Knoll Park fields they use in spring 6 and summer with other sports. 7 8 Mr. Beggin reported they move a lot to Sunshine Park and lacrosse uses Prairie Knoll Park. He 9 commented there are issues with the field lines as they are different for each sport. He noted the 10 lines are sometimes color coordinated to the sport to allow play by various teams on a field. 11 12 Task Force Chair Butler reviewed the Task Force recommendations. He commented they 13 recommended game quality fields at the new land site. This includes seeding the fields, sodding the 14 fields or installing artificial turf. He commented alternate bids will be sought for these. He 15 commented for seeded grass fields it will take 2 years at a minimum to have these fields usable. He 16 commented for sod it takes 6 months to use the'field and artificial turf can be used right away. He 17 suggested when the site is purchased it will not be usable as a field until the following spring as they 18 will need to grade it. He commented that the base bid and alternate bid should include combinations 19 of playing surfaces. He noted if the land purchase is not finalized then the Task Force recommends 20 using the Community Center campus for a future field. He noted this would have been the decision 21 if the land purchase would have been put on the table. He commented the Task Force recommends 22 the Park and Recreation Commission add another multipurpose sports facility to the Comprehensive 23 Plan. 24 25 Councilmember Trude asked if the property adjacent to Public Works would fit this need. 26 27 City Administrator Dickinson commented there was a recommendation to have one (1) facility and 28 now the recommendation is to have two (2) facilities. 29 30 Mayor Gamache asked whether a third facility is needed in addition to the land to be bought nearby 31 and the other one (1) purchased. 32 33 Task Force Chair Butler commented there is one (1) additional facility in the Comprehensive Plan 34 and in addition there is a pending purchase agreement. He noted the pending purchase addresses the 35 current problem but does not address future problems. He noted the Task Force supports this. He 36 noted it was agreed that two (2) more facilities are needed for the long term. 37 38 Task Force Chair Butler asked if the land to be purchased, which is 39 acres, is similar to Sunshine 39 Park in size. 40 41 Assistant Public Works Director Haas commented they are hoping to get three (3) fields from the 42 newly purchased site but they need to take parking space into consideration. He asked that the Park Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 6 1 Commission discuss whether the park in the Comprehensive Plan is considered a substitute for the 2 land purchase. He questioned whether another facility should be left in the plan for future growth. 3 4 Mayor Gamache asked if there are other questions. 5 6 Councilmembef Howard asked when looking at Fox Meadows Park, if that park is taken into 7 consideration and what size field can be intended there. 8 9 Assistant Public Works Director Haas thought the field would be a full size field. 10 11 Councilmember Trude commented the new purchased land seems like it would fit more than three 12 (3) fields. 13 14 City Administrator Dickinson commented the number of fields is based on the layout. Fields are 15 typically north/south and the width and depth of the property needs to be considered. 16 17 Councilmember Bukkila commented that a recommendation is to look at the National Sports Center 18 (NSC) to see how the fields are laid out. She commented they use a ditch system. 19 20 Mr. Beggin commented the ditches at NCS were already in because it was a peat field. He 21 commented he worked there for six (6) years when they opened. He stated it was a previous sod 22 farm and it drained adequately. 23 24 Task Force Chair Butler reported he brought the proposal before the Park Commission at their last 25 meeting where they endorsed the Task Force recommendations. He commented the Park Capital 26 Improvement Fund has a recommended amount of $100,000 for next year's budget to go to the new 27 purchase site. He asked for Council's thoughts. 28 29 Mayor Gamache stated the proposal makes sense. He supported being able to use the fields in a year 30 or two. He asked to consider whether the artificial turf should be used at one (1) million dollars for 31 one field. He commented that three fields can be done for this amount if artificial turf is not used. 32 33 Task Force Chair Butler stated the type of turf does not need to be decided on tonight. 34 35 City Administrator Dickinson commented any project will need future Council approval, whatever 36 the option of surface. 37 38 Councilmember Trude stated there are gravel roads leading to areas and storm water is managed 39 along with ditches at the NSC. She suggested maximizing the use of their property. She suggested 40 gaining the use of more fields than three (3). She asked that practice areas be established. 41 42 Task Force Chair Butler commented the sports associations are good at working together regarding Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 7 1 the field use. 2 3 City Administrator Dickinson stated they are paying the price that comes with being a young city. 4 He noted there are a lot of road projects that will happen next year. He noted budgets will be 5 impacted by adding these fields due to added maintenance costs. He noted the costs could go up, 6 particularly if they have to work outside of the city to complete the project. 7 8 Task Force Chair Butler suggested moving on the project sooner than later. He recommended that 9 consideration be given to involving an outside party to do the design of the new facility. 10 City Administrator Dickinson noted previously city staff was able to do projects internally but they 11 have reached a time where they need to start using outside organizations. 12 13 Task Force Chair Butler reviewed the second recommendation is a contingency that the land 14 purchase should be to add additional fields. He noted the third recommendation will be to send the 15 recommendation back to the Park and Recreation Commission. 16 17 Mayor Gamache noted he is hopeful the land purchase will go through. 18 19 Commissioner Knight asked if there is a way to get started on the property this year. 20 21 Assistant Public Works Director Haas suggested meeting first with the neighbors and moving on 22 from there. 23 24 Councilmember Trude commented a lease needs to be drawn up with the farmer who has crops in the 25 field. 26 27 City Administrator Dickinson commented it is a rye crop which will be harvested in July or August. 28 29 Assistant Public Works Director Haas noted the park dedication fee may go up when the report 30 comes back. 31 32 Councilmember Trude suggested they anticipate this. 33 34 Mayor Gamache thanked the associations, Task Force, Councilmembers and Park Commission for 35 their work on this. 36 37 CONSIDER REQUEST FROM ANDOVER BASEBALL ASSOCIATION / RENAMING OF 38 BALL FIELD AT ASN 39 40 Assistant Public Works Director Haas presented the request from the Andover Baseball Association 41 (ABA) to rename the middle ballfield at the Andover Station North Ball Field Facility to be called 42 Anders Field on behalf of Anders Flaa who passed away at the age of 14. He explained that Council Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 8 1 needs to review the request and the next step would be it would then go to the Park Commission. 2 3 Mayor Gamache confirmed that fields five (5) and (6) at Sunshine Park are named for people who 4 were young and passed away. He supported the request to rename the field. 5 6 Councilmember Trade confirmed this had been talked through by staff. She suggested it be named 7 Memorial Field with a monument and names could be added to it. 8 9 Sheila Schueller of Andover Baseball Association stated this family helped purchase the score 10 boards for ASN. She explained this is why they selected the middle field. 11 12 Commissioner Knight commented that in St. Cloud they have a memorial field and a veteran's field. 13 He noted there are three (3) fields and a centralized memorial plaque that is quite attractive. 14 15 Councilmember Trade supported using a memorial field and a veteran's field where names could be 16 added to over time. She confirmed that Anders Flaa had been a baseball player. 17 18 Ms. Schueller supported the use of ASN field for a veteran's field. 19 20 It was the consensus of the Council to forward the request of the Andover Baseball Association 21 to rename the middle ball field at Andover Station North Ball Field Facility to be called Anders 22 Field to the Park and Recreation Commission. 23 24 DISCUSS ANDOVER WATER RATES 25 26 City Engineer Berkowitz presented the current 7 -tier rate structure system for municipal water rates 27 and staff's recommendation for a 4 -tier system. He explained they met with the Public Works 28 Committee a few weeks ago. He commented they put in a comparison from third quarter 2011. He 29 commented they used this to decide on what the impact of a 4 -tier system would be to the system. 30 He commented when a water main breaks it costs $25,000 to repair and as the water system ages 31 more of these breaks will likely happen. He reviewed a chart of rates, users per quarter and the 32 volume of use. He commented the DNR Appropriation Permit allows them to take water from the 33 aquifers. He commented they pay for this to be available. He stated that peak demand is what the 34 system design is based on. 35 36 Commissioner Knight asked about the commercial users. 37 38 Water /Sewer Supervisor Kraabel commented the commercial use is minimal as compared to the 39 residential areas. 40 41 Councilmember Howard asked who is using the largest volume of water. 42 Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 9 1 City Engineer Berkowitz commented that town home associations are the largest users of water 2 because they use an every other day irrigation system. He also commented that rain gauges are now 3 required. 4 5 Councilmember Trude suggested giving a free rain gauge to the town home associations. 6 7 Water /Sewer Supervisor Kraabel suggested educating people through the city newsletter as to how 8 much water is needed for a lawn and would encourage conservation as people often overwater. 9 10 City Engineer Berkowitz commented they have a display of water use by city blocks. He reviewed 11 that a city lot is a quarter to a third acre. 12 13 Councilmember Bukkila asked if there is a notification system to let people know that they are 14 consuming high amounts of water. 15 16 Councilmember Trude suggested they notify the high water use residents to promote conservation. 17 18 City Administrator Dickinson commented that neighbors tend to feel offended when this type of 19 thing is pointed out. He stated there have been studies indicating that people do not like this called to 20 their attention. 21 22 Councilmember Bukkila suggested utilizing the newsletter to educate people. 23 24 Water /Sewer Supervisor Kraabel stated this has been put in the newsletter. He commented they 25 recommend an inch of water per week for the lawn. 26 27 City Engineer Berkowitz explained they would like to add the new 4 -tier system figures into the CIP 28 and begin planning to implement with the fee schedule in 2013. 29 30 Mayor Gamache pointed out people with higher water bills do so on a consistent basis so they are 31 aware of their higher use. 32 33 City Engineer Berkowitz commented that the 100,000 gallon users account for 26 percent of the 34 water used. 35 36 Councilmember Trude commented she is troubled that they are planning a system for over 37 consumers. 38 39 City Administrator Dickinson supported reducing the number of tiers from a city finance perspective. 40 41 Councilmember Howard suggested informing the town home residents they are the highest water 42 users. He recommended using rain gauges. He asked if this can be legally required. Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 10 1 Councilmember Bukkila stated after 2006 it is required to have rain gauges put in with a new 2 irrigation system but this was not retroactive. 3 4 Councilmember Trude commented she looks forward to discussing this on camera. 5 6 Mayor Gamache thanked Mr. Berkowitz and Mr. Kraabel for their efforts to address the water 7 main break problem. He was impressed with the quick response. 8 9 DISCUSS COUNTYROADS & INTERSECTIONS 10 11 City Engineer Berkowitz described the traffic congestion on Crosstown Boulevard and Andover 12 Boulevard. He stated this has been discussed for some months and he has been in communication 13 with the County regarding it. He reported the County suggested several options. One option would 14 be to widen the bridge on Crosstown Boulevard. He commented this would be very expensive. He 15 noted that expanding the south bound right turn lane would be a possible improvement although 16 there may still be backups. He reported it has helped that they do not allow parking at the Sunshine 17 parking lot anymore. 18 19 Councilmember Knight stated the Nightingale /Crosstown Boulevard intersection is the worst 20 intersection in the city. 21 22 City Engineer Berkowitz reviewed the Andover Boulevard extension. He reviewed that this would 23 make a good connection through the city. He recommended meeting with the school and also 24 discussing expansion of the Crosstown Boulevard right turn lane. He suggested discussing the 25 school's internal circulation. He asked if changing the school schedule would result in an 26 improvement. 27 28 Councilmember Trude commented that traveling Hanson Boulevard going north through Coon 29 Rapids is often congested making it necessary to wait through several lights to clear the intersection. 30 31 City Engineer Berkowitz noted there was a Federal grant request to make Hanson Boulevard four (4) 32 lanes north from Jay Street but it did not score well. 33 34 Councilmember Trude commented that from 4:00 p.m. to 6:00 p.m. heading north on Hanson 35 Boulevard is a challenge. 36 37 Mayor Gamache commented when there was a 2 -way stop at Andover Boulevard it was not an issue. 38 He commented that Crosstown Boulevard is a better option. 39 40 Councilmember Trude commented that the County is requesting money for the Bunker Lake 41 Boulevard area. She commented she does not hear people complain about Bunker. She explained 42 they complain about Hanson Boulevard. She asked why there should be concern with getting people Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 11 1 to the cabin when residents are having issues getting around the community. She commented the 2 worst area on Bunker is not being addressed near the wave pool in the County grant applications. She 3 added that the park access is near the train tracks. She noted this creates a dangerous area. She 4 noted people pay for a park sticker to cut through Bunker Park to avoid Hanson Boulevard. 5 6 City Administrator Dickinson stated the County is working on their roads in Andover. He 7 commented that Andover Boulevard was recently overlaid. He noted that portions of Hanson 8 Boulevard were reconstructed. He noted that some white coating was done on Crosstown Boulevard. 9 He reviewed that in 2014 there will be a signal added at 161" Avenue and Hanson Boulevard. 10 11 City Engineer Berkowitz reviewed projects to anticipate next year by the County. 12 13 Mayor Gamache asked about the 2011 -2015 plan. He asked about the note about HIP- 2011. 14 15 City Engineer Berkowitz noted that many times the County plans are noted but when you read 16 further it is found that there is no funding for it. He stated they keep it in the plans and continually 17 work on obtaining money for the project. He explained that doing a study on the project means they 18 are attempting to find money for the project. 19 20 City Administrator Dickinson asked what the project priorities are. He added that there are no 21 County plans to widen Andover Boulevard. 22 23 Mayor Gamache commented that expanding the road by the school is a project. He asked if the 24 timing at the signal could be expanded. He asked how far traffic is allowed to back up onto 25 Andover Boulevard. 26 27 City Engineer Berkowitz noted that the light timing is being looked at. 28 29 Mayor Gamache suggesting working with the school district. He asked how many parking permits 30 are being issued by the school. He confirmed that they do not have a full parking lot. 31 32 Councilmember Howard suggested lengthening the turn lane on Crosstown Boulevard to Andover 33 Boulevard. He stated that it backs up and the Nightingale and Crosstown intersection is unbearable. 34 35 Councilmember Trade reviewed that the school has money for improvements and parking lots. She 36 explained that safety issues can be levied for. 37 38 Mayor Gamache asked what time the high school starts. 39 40 City Engineer Berkowitz commented that school starts around 7:40 a.m. 41 42 City Administrator Dickinson reviewed that priorities are to focus on the Crosstown Boulevard right Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 12 1 turn lane that goes south and to talk with the County to increase their awareness of issues on Hanson 2 Boulevard going all the way through the city. 3 4 Councilmember Trude recommended focusing on improving the safety going into Bunker Park. She 5 commented the park road should be addressed. She commented that the trains block Bunker traffic. 6 She commented the only entrance from Andover to Bunker Park Wave Pool is by the rail tracks. 7 This is the entrance for the picnic area, the golf course, and the wave pool. She commented that a lot 8 of people make left turns from the park after 5:00 p.m. as they cut through the park. 10 Councilmember Knight commented that many people are taking alternative routes to the north access 11 since the south connection has the Main Street construction to contend with. He commented that 12 there are many large trucks now seen coming through. 13 14 Mayor Gamache asked about a long term plan to move Highway 47 to another area. 15 16 Councilmember Trude recommended meeting with the County to see how to improve their plan. 17 She sees people who are avoiding Highway 10, making left turns after cutting through the park. She 18 commented she sees people taking chances crossing intersections. 19 20 Councilmember Bukkila commented they can talk to the County but if there is no funding to work on 21 the project it will not happen any sooner. She commented there are many other road projects that are 22 causing diverted traffic into their area. 23 24 City Administrator Dickinson suggested making a comment on the grant application before plans are 25 finalized to see if the current plan design is the best plan for the Bunker Park north access 26 intersection. He summarized that Council had a discussion about the following areas to work on: 27 right turn lane at Andover Boulevard and Crosstown Boulevard by the school, Hanson Boulevard, 28 and the Sycamore Street intersection off Bunker Lake Boulevard. He noted that the Nightingale/ 29 Crosstown intersection have been in their discussions too. He asked if this intersection should be 30 included. 31 32 City Engineer Berkowitz stated the County would like to turn Crosstown Boulevard back to the city. 33 He reviewed that they would not like to take the road back at this point. 34 35 Mayor Gamache suggested taking the curve out at Nightingale Street so it goes straight into 36 Crosstown Boulevard. He suggested another option would be to put in a round -a -bout. 37 38 Councilmember Bukkila stated that it would make a perfect round -a -bout location. 39 40 City Engineer Berkowitz suggested moving the area considered for the round -a -bout intersection 41 closer to the field area so that it can be larger. 42 Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 13 1 DISCUSS COMMUNITY CENTER CONCESSIONS 2 3 Mayor Gamache commented the local Andover Subway would like to take over the concession 4 operations at the Andover Community Center. 5 6 The consensus of the Council was to support offering Subway at the Andover Community Center. 7 8 City Administrator Dickinson noted that Community Center staff can be moved around to 9 accommodate this change. He commented there will be a monthly lease amount or a percent of gross 10 sales depending on which is larger. He explained Subway is in the community center at Maplewood 11 and is going in to New Brighton's. He commented they will have some additional typical concession 12 items like hot dogs. He noted that the YMCA supports having Subway available as a healthy option. 13 He commented they have asked for basic items for larger events and to also add a coffee component 14 to the plans. He commented that much of the equipment is owned by the product suppliers. He 15 reviewed that any bread baking would be done at the Andover Subway location so no ovens will be 16 installed. He added the vending machines will still be available. 17 18 Councilmember Howard asked if there are existing contracts with vendors such as the pop vender. 19 20 City Administrator Dickinson stated the Community Center has a contract and Subway buys the 21 same product. 22 23 2013 — 2017 CIP DEVELOPMENT DISCUSSION 24 25 City Administrator Dickinson requested the draft 2013 -2017 Capital Improvement Plan (CIP) be 26 reviewed so it can be adopted by October. He asked the Council if something is missing that it 27 be called to his attention now. He commented on page four (4), the $30,000 total station time is 28 important for engineering. He commented that under facility management is a Veterans 29 Memorial. He noted this was added to the CIP as a $10,000 item. He commented there has been 30 talk about having a memorial at City Hall or possibly by Andover Station. He suggested that 31 perhaps they want to remove the word `Boulevard" and list it as a "Veteran's Memorial ". 32 33 Mayor Gamache suggested changing the name of Sunshine Park to Veterans Memorial Park and 34 putting the flag in there. 35 36 City Administrator Dickinson stated that they would leave it in the report but would not identify 37 it as "Veterans Memorial ". 38 39 2012 — 2013 CIP PROJECTS UPDATE /DISCUSSION 40 41 City Administrator Dickinson presented the 2012 Capital Improvement Plan (CIP) projects and 42 equipment purchases as well as the 2013 planned equipment purchase that had been discussed during Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 14 1 the spring bond sale process. 2 3 Mayor Gamache commented there is a large population of people with dogs in the community and 4 the dog park should be moved forward. 5 6 City Administrator Dickinson summarized the Council requests the Park Commission to discuss the 7 dog park item again. He noted that 173rd Lane/Heather Street item on page five (5) was to pave a 8 gravel road. 9 10 Councilmember Howard stated there is a placeholder for an expansion on the community center. He 11 stated if they wait too long the YMCA will be overcrowded. He commented that if they wait the Y 12 may be past their curve. He noted it is the second largest YMCA in the metro area. He asked that 13 part of the expansion project be moved up so there is movement on it. 14 15 Councilmember Knight stated they are looking for a community center for all age groups. He 16 commented that they are looking to have a modified student center. 17 18 Fire Chief Winkel stated that originally expansion was planned for the south side of the YMCA. 19 20 Councilmember Knight commented there is also an area to expand off of the north. 21 22 City Administrator Dickinson suggested adding money for a study of $300,000 for 2013 and $2.7 23 million for the following year. He commented that another topic to discuss is to add security lighting 24 at Prairie Knoll Park. 25 26 City Engineer Berkowitz noted that a resident has requested additional lighting at Prairie Knoll Park. 27 He stated costs for this are being reviewed. He stated the Park Commission has requested that staff 28 put a j ersey barrier in the access to the gravel parking lot. He commented that cars are doing donuts 29 in the parking lot. 30 31 Councilmember Trude requested staff look at this park at night to see if the lighting is adequate 32 already. She commented that the park is lit considerably already which draws people to the park. 33 34 Councilmember Bukkila asked to look at expanding security or technology or working with the 35 Sheriffs Office regarding issues at the Community Center and the YMCA. 36 37 City Administrator Dickinson suggested improving this would cost around $10,000 to $20,000. He 38 suggested adding $20,000 to the CIP for 2013. He offered to review some solutions. He reported 39 the Sheriff s Department has determined that items are left visible in cars which encourages thefts. 40 41 Councilmember Trude suggested putting up more signs about securing valuables. 42 Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 15 1 City Engineer Berkowitz stated the grant request was rejected for the way finding signs which were 2 to be installed along the trails. He asked whether Council would like to pursue this in the future. He 3 also suggested equipment stations be explored. The Council agreed to add this request for the signs 4 in 2014 as a placeholder. 5 6 Councilmember Howard suggested having more signs for the Open Space properties. 7 8 City Engineer Berkowitz commented that there are a lot of these signs already. He talked about 9 doing street overlays to the roads that are 15 -20 years old so they extend their life. He warned that 10 people will question a road overlay instead of reconstructing it and the decision process the city is 11 taking. He explained the process of deciding when to repair versus overlay the street is based on the 12 overall condition index. He suggested the Legacy site be surveyed for construction and schematics 13 be put together for it. He added that a major project cannot be added as staff constructed, as staff is 14 maxed out on current projects. 15 16 Fire Chief Winkel talked about the fire truck. He commented that it is very expensive, and it does 17 need to be replaced. It was bought in 1990 and 1991 with equipment bonds. He stated the value of 18 the older truck goes down each year and the new truck increases in cost by about ten (10) percent 19 each year. He commented that ISO would have an issue if they do not have the truck. He stated 20 there are many other buildings in town now since the purchase of the original truck. He stated there 21 are homes and buildings that they could not reach with the current equipment so this is a safety issue. 22 He commented that they could be reached by ladders which are unsafe for the firefighters. He noted 23 the current truck has a 75 foot ladder. He reviewed features of a new truck which include a platform 24 on the end where they can stand which is much safer. He commented there are spray nozzles 25 underneath to keep it safer and there is oxygen available to the firefighter. He commented that some 26 homes are set back and a 100 foot ladder is needed to reach them. He added that currently only two 27 (2) or three (3) people can be rescued at a time as they would need to climb down the ladder and it is 28 a slower process. He commented that a new truck will allow for more people to board it. He stated 29 they are looking at an articulating ladder which will go up, over and to the back side of a building. 30 He noted that its estimated cost is $1.2 million. He noted there are ways to work to improve the 31 pricing and he has purchased a demonstration truck before to save money. He noted that training 32 will be included with the purchase cost. 33 34 Mayor Gamache suggested leaving this item in, no change to the CIP. 35 36 Fire Chief Winkel commented that it takes 10 -12 months to get delivery of this truck. 37 38 City Administrator Dickinson stated he would not bond for this purchase until 2014 as some debt 39 items will come off the books by then. He stated that they would use a reimbursement resolution and 40 plan to bond for this in the future. He stated that they will leave this in the CIP. 41 42 Fire Chief Winkel commented that a 100 foot ladder is the new standard. The maximum ladder Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 16 available is 110 feet and they will look at the comparative pricing on this. He commented the cost of steel has increased greatly in the last five years. He stated they will begin looking at some specs to prepare for a decision. City Administrator Dickinson reported that they have not used the New Development Projects fund of $85,000 for two years but this year they will make use of them. He commented that the equipment bonds for the one ton trucks for 2013 may be impacted by changes in the vehicle year pricing. He suggested getting in the market to purchase and asked for Councils approval. 10 It was the consensus of the Council to move on the one ton trucks if pricing is favorable. 11 12 2013 BUDGET DEVELOPMENT DISCUSSION 13 14 City Administrator Dickinson provided a summary of the 2013 Budget Development Discussion. He 15 commented that the debt service levy would be impacted in 2014. He commented this would be to 16 purchase the ladder truck. 17 18 City Administrator Dickinson described the budget process as outlined on the 2013 Budget 19 Development Calendar. He commented that taxable values had a decreasing value of 3.9 percent. 20 He commented that the Andover Station area is the TIF district that is decertifying in 2012. He 21 commented there are some offsetting items in the tax base as they lose some on the fiscal disparities 22 component. He commented that the tax rate issue should not pose a problem this year as they will 23 have some flexibility. 24 25 City Administrator Dickinson commented that for the Open Space Commission they are working on 26 a soil boring to determine access to two potential purchases. He commented that for working cash 27 flow they need 45 percent. He reviewed the general fund balance analysis shows they need 4.1 28 million for cash flow. He stated that there is capital equipment reserve dollars set aside. He added 29 that if they come in at 97 percent on the 2012 expenses the number could grow. He commented that 30 they budgeted building permits at 35 but they are at 40 already. 31 32 Councilmember Trade commented that this is a growth of the tax base. 33 34 City Administrator Dickinson commented that the Debt Service Levy would be impacted in 2014. 35 He commented that money will likely be available at one (1) to two (2) percent to purchase the fire 36 truck. He noted that for staffing there is a deadline of July 1 for new staffing requests. He has 37 received one (1) request so far from Public Works. He reported that Public Works had experienced a 38 layoff. He commented that they have added infrastructure. He commented they anticipate no 39 furloughs and no hour reductions. He commented that there are retirements that will take place in 40 the next budget year. He stated they need to plan for that. He commented that the salary package is 41 being reviewed and steps are included in the budget. He noted that they are budgeting for steps and 42 exploring cost of living increases and negotiating this with the union. He noted that they have a Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 17 1 health insurance plan increase of ten (10) percent in the budget at this point. 2 3 Councilmember Bukkila left the meeting at 9:06 p.m. 4 5 City Administrator Dickinson stated when they market for health insurance they look at a variety of 6 insurance carriers to compare around ten (10) options. He commented that Preferred One seems to 7 continue to be the best option. He reviewed the city attorney contract and noted that this position 8 will likely continue to be used at an increasing level with the development of the city. 9 10 Councilmember Knight asked about the costs for the attorney. 11 12 City Administrator Dickinson commented that the cost is close to $200,000 with the attorney staff. 13 He commented that at least 75 percent of his work is in prosecutions. 14 15 City Administrator Dickinson commented that the Anoka County Sheriff contract currently has a 16 1.74 percent increase. He stated there are maintenance charges to vehicles which may change the cost 17 a bit. He stated that records, staffing and supervisory staffing are included in that budget. 18 19 Councilmember Trude commented that a large amount is going toward administrative costs. She 20 commented that this is the cost of 2 (two) officers and 2 (two) liaisons. 21 22 City Administrator Dickinson commented that the school reimburses them close to $100,000 for the 23 liaisons which is close to 80 percent of the total cost. 24 25 Fire Chief Winkel stated that in 2014 there will be a cost for a new records system. He commented 26 there is a Law Enforcement sub - committee looking at this. 27 28 City Administrator Dickinson stated the costs for Sheriff service is increasing as there are a lot of 29 domestic incidents. He commented the largest number for maintenance is for gas which is budgeted 30 at $3.45 a gallon. He noted that 4 (four) main squads are replaced each year. They have had around 31 100,000 in miles a year per car. He stated that the investigators use about 30,000 miles a year. He 32 commented that the liaison uses around 24,000 miles. CSO cars use about 41,000 miles a year. The 33 crime watch coordinator uses around 6,000 miles a year. He commented that a police cruiser gets 34 nine miles to the gallon with all of the electronics. He reviewed other Council memberships, 35 donations and contributions. 36 37 2012 GENERAL FUND B UDGET PROGRESS REPORT 38 39 City Administrator Dickinson presented a summary of the 2012 General Fund Budget progress 40 report. He noted changes to the budget such as for Licenses and Permits, Charges for Services and 41 Miscellaneous. He noted that they are behind on some lease revenue which is from cell tower rental 42 and other rentals. He commented that the billing is behind. He commented that the Mayor and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Andover City Council Workshop Meeting Minutes —June 27, 2012 Page 18 Council look to be over budget but the League of Minnesota Cities contribution was moved over and included under risk management. Councilmember Trade suggested an increase of five (5) percent for Councilmembers. She commented that the last increase was in 2000. She commented that Blaine matched their increases to the staff cost of living adjustment so that it was automatic and did not stand out. Mayor Gamache suggested checking to see what other cities are doing on the topic of increases. Mr. Dickinson offered to check on this. Councilmember Trade commented that they should look at increasing their EDA pay. She suggested increasing this to $40 per meeting so it is consistent with the commissions. It was the consensus of the Council to increase the EDA to a $40 per meeting amount. City Administrator Dickinson commented that the police protection payment is at 50 percent and the total expenditures are 40 percent. CITY INVESTMENTS — MAY 2012 REVIEW City Administrator Dickinson presented a summary of the May 2012 Investment Report, Credit Ratings Report, Money Market Funds Report, and commented on the investment report. He reviewed the money market funds which are readily available for items that present themselves and what is available for next month. He noted that the larger amounts of deposits are insured by the FDIC and reviewed that there are Fannie Mae Bonds which are mortgage backed, and he is letting the bonds mature out, noting some are up to ten (10) years out. He commented that the average life is three (3) years. He commented the portfolio has a lot of taxable municipals that has brought a lot of yield to the portfolio. He commented that they do not have any commercial paper and reviewed the ratings. OTHER TOPICS None. ADJOURNMENT Motion by Councilmember Knight, Seconded by Councilmember Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 9:35 p.m. Respectfully submitted, Beth Bostrom, Recording Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 REGULAR ANDOVER CITY COUNCIL MEETING —JULY 3, 2012 MINUTES Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to approve the Agenda as amended with the Uplemental'agenda information. Motion carried unanimously. APPROVAL OF June 19, 2012 Regular 066 Council Meeting Motion by Councilmember Trude, Seconded by Councilmember Knight, to approve the June 19, 2012, Regular City Council Meeting minutes as presented. The motion carried unanimously. June 19, 2012 Closed City Council Meeting Motion by Councilmember Trude, Seconded by Councilmember Howard, to approve the June 19, 2012, Closed City Council Meeting minutes as presented. The motion carried unanimously. Regular Andover City Council Meeting Minutes —July 3, 2012 Page 2 CONSENT ITEMS 3 Item 2 Approve Payment of Claims 4 Item 3 Accept Contribution/CenterPoint Energy /Fire Department Equipment (See 5 Resolution R063 -12) 6 Item 4 Accept Petitions/Waive Public Hearing/Order and Approve Feasibility Report/11- 7 10 /South Coon Creek Drive NW Reconstruction/Water Main (See Resolution 8 R064 -12) 9 Item 5 Withdraw Petition (3060 South Coon Creek Drive NW) /11 -10 /South Coon Creek 10 Drive NW Reconstruction/Water Main (See Resolution R065 -12) 11 Item 6 Order Improvement/Order and Approve Plans and Specs /Order Quotes /12- 3/2012 12 Crack Sealing (See Resolution R066 -12) 13 14 Motion by Councilmember Bukkila, Seconded by Councilmember Knight, for approval of the 15 Consent Agenda as presented. Motion carried unanimously. 16 17 DISCUSS /APPROVE LIQUOR LICENSE EXTENSION FOR BEEF O'BRADY'S 18 19 City Administrator Dickinson stated Beef O'Brady's is planning to hold an outdoor event Saturday, 20 August 11, 2012 and would like the City Council to approve an extension of their liquor license to 21 include a portion of the parking lot in front on the patio area. This event is a fundraiser for the 22 Andover Firefighters Relief Association. The Sheriff's Office received no complaints during the 23 June 23, 2012 event held by Beef O'Brady's and City Hall received one (1) complaint in regard to 24 the music playing after midnight. The music that was heard after midnight was the music played 25 while the equipment was being taken down and not from the band. The band had stopped playing at 26 the appropriate time. Staff will discuss the use of loud music during the takedown of the equipment. 27 No other requests are expected from this organization for 2012. The City has received approval 28 from Tom Roberts, Stonewood Properties, Inc., the owner of Andover Clocktower Commons. 29 30 Motion by Councilmember Knight, Seconded by Councilmember Bukkila to approve the extension 31 of the Liquor License request submitted by Beef O'Brady's for August 11, 2012. The motion carried 32 unanimously. 33 34 DISCUSS /APPROVE LAND PURCHASEA GREEMENTPID's 17-32-24-13-0003 AND 17 -32- 35 24 -12 -0007 36 37 City Administrator Dickinson stated the Council is requested to approve a purchase agreement to 38 purchase property at the northeast intersection quadrant of 161'` Avenue and Tulip Street NW in 39 Andover. The property is currently owned by Legacy Christian Academy (Legacy), formerly 40 known as Meadow Creek Christian School. The City offered to pay $305,000 for the property. 41 He reviewed the items contained in the purchase agreement including Legacy must provide a 42 clean title to the City, Legacy will pay all current and delinquent real estate taxes and 43 assessments at date of closing, the City will have right of entry in order to fully inspect the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes — July 3, 2012 Page 3 property prior to closing, and there property is expected to close by September 4, 2012. There is an occupant in the home located on the property and the City is requiring as part of the purchase agreement they vacate the property prior to closing. The City Attorney has also reviewed the purchase agreement. Councilmember Knight suggested staff review what the City plans on doing with this property. City Administrator Dickinson explained the primary intent of this property purchase is for the addition of ball fields for soccer, La Crosse and football. There is currently a shortage of fields in Andover and this purchase will help address these needs. Councilmember Trude asked if there are funds for this purchase that did not require an additional tax on residents. City Administrator Dickinson stated the funds would be coming from the Capital Equipment Reserve Fund. Councilmember Bukkila stated this purchase will help address the City's field shortage at a reasonable cost. Councilmember Howard pointed out this property has additional amenities that made it appealing for the City to acquire. Motion by Councilmember Bukkila, Seconded by Councilmember Trude to approve the Purchase Agreement with Legacy Christian Academy in the Amount of $305,000 for the purchase of PID 17- 32 -24 -12 -0003 and PID 17- 32 -24 -12 -0007. The motion carried unanimously. SCHEDULE JULY CITY COUNCIL WORKSHOP City Administrator Dickinson reviewed the proposed agenda for the July workshop and indicated the Council does not have to schedule a July workshop. Councilmember Knight stated he would not be available for either proposed date. Councilmember Bukkila stated she would be available for July 24t11 . Mayor Gamache stated he would be available for July 24t1. Councilmember Trude suggested the Council consider cancelling the July workshop. It was the consensus of the Council to not schedule a July City Council Workshop. Regular Andover City Council Meeting Minutes —July 3, 2012 Page 4 ADMINISTRATOR'S REPORT 3 City Administrator Dickinson updated the City Council and the residents regarding 4 administration and city department activities, development and CIP projects, and upcoming 5 meetings and community events. He stated the City has been working on some open space 6 property negotiations and due to the rain the progress on getting soil borings has been delayed. 7 He also stated the City has received inquiries regarding the Woodland Golf Course as a potential 8 open space property. He clarified the City had looked at this property but at this time the current 9 owner and the City have not been able to come to an agreement. The City has issued 39 new 10 home building permits this year and due to the recent weather, storm damage permits are up. 11 12 Councilmember Trude asked what area of the City the storm damage permits were for. 13 14 City Administrator Dickinson stated the permits are for roofing and siding repair due to hail 15 damage in the north side of the City. He reminded residents to be safe with fireworks during the 16 July 0 holiday. He also reminded residents to continue to lock their vehicles and keep garage 17 doors closed. 18 19 Mayor Gamache asked if the City had any reports of significant damage from the storm the 20 previous evening. 21 22 City Administrator Dickinson stated there has not been anything significant reported. 23 24 Councilmember Trude asked if the South Coon Creek reconstruction project was moving ahead 25 despite the weather. 26 27 City Administrator Dickinson stated the project is moving ahead and expected to wrap up by the 28 end of September or early October. The project on 133`d Avenue has the first lift of asphalt and 29 expected to be completed by mid -July. The 140th Lane water main project and the 30 Ivywood /Johnson Terrace projects should be completed by the end of July. The July 171' City 31 Council meeting would include a discussion concerning the removal of the 4 -way stop in the 32 Ivywood /Johnson Terrace project. 33 34 MAYOR/COUNCIL INPUT 35 36 (Andover Family Fun Fest) Mayor Gamache reminded residents the Andover Family Fun Fest 37 is scheduled for July 13d' and W. The event will start at 5:00 p.m. on July 13d` and there will be 38 a fun run and parade on Saturday morning, fireworks Saturday evening and street dances both 39 evenings. The City Council will also have a booth at the event. 40 41 (Night to Unite) Councilmember Bukkila stated Night to Unite is in August and those residents 42 who will be hosting neighborhood parties are encouraged to register early. 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Regular Andover City Council Meeting Minutes — July 3, 2012 Page 5 (Asphalt Vendors) Councilmember Knight asked if the City had received any complaints regarding asphalt vendors. City Administrator Dickinson stated the City has not received any complaints and residents are encouraged to ask if people coming to their door have a peddler's license from the City. G 1� l /Z U ,' A� I i �/ � 7 i•� 1l Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 7:22 p.m. Respectfully submitted, Tina Borg, Recording Secretary Regular Andover City Council Meeting Minutes —July 3, 2012 Page 6 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JULY 3, 2012 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENT FORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Accept Contribution/CenterPoint Energy/Fire Department Equipment (See ResolutionR063- 12) ............................................................................ ............................... 2 Item 4 Accept Petitions/Waive Public Hearing/Order and Approve Feasibility Report/11- 10 /South Coon Creek Drive NW Reconstruction/Water Main (See Resolution R064 -12) 2 Item 5 Withdraw Petition (3060 South Coon Creek Drive NW) /11 -10 /South Coon Creek Drive NW Reconstruction/Water Main (See Resolution R065 -12) .... ............................... 2 Item 6 Order Improvement/Order and Approve Plans and Specs /Order Quotes /12- 3/2012 Crack Sealing (See Resolution R066 -12) ............................................ ............................... 2 DISCUSS /APPROVE LIQUOR LICENSE EXTENSION FOR BEEF O'BRADY'5 .................. 2 DISCUSS /APPROVE LAND PURCHASE AGREEMENT PID's 17- 32 -24 -13 -0003 AND 17- 32 -24 -12 -0007 ............................................................................................. ............................... 2 SCHEDULE JULY CITY COUNCIL WORKSHOP ...................................... ............................... 3 ADMINISTRATOR'S REPORT ...................................................................... ..............................4 MAYOR/COUNCIL INPUT ........................................................................... ............................... 4 (Andover Family Fun Fest) .......................................................................... ............................... 4 (Night to Unite) ............................................................................................ ............................... 4 (Asphalt Vendors) ........................................................................................ ............................... 5 K c L W O w I Q I U _ lk,-X ti QI CIS U �U y U U U 0 N co N 0 N N � a� L V 7 z V V M V Y r A Y ti Y C 7 O E 0 a �L V ral O z u 'o C, .. o U M U In G �O � O p' O V) V x s U N b 0 N N N N V1 V1 c bA U1 .O. 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Q 7 N N M 0 :a O 0 a x U N .L U O U d �o ° o00 z z z M b b U ° 9 ro ro G 6'O C O"p. = V] W V] T � (h GM\ ri Q Q Q 7 N N M 0 :a O 0 a x U N .L U O U d �o BOO o00 M � G 6'O COO O"p. = V] W V] T � (h GM\ U U y .. Gcq U to U 7 N U V d y F A N N N N a+ q p O O O N cq C a h p r 0 pp O C C\ 0\ 7 N N 00 0 0 �� O c °°°° avv C)° rn M L ° x c m 3 0 � N m UU�ll 3 i ) � V G L m eq AF N C U N •cNN « U F Y F wz TC'4 ox y T T U 7 N N O O A QU 3 ti U c)MU FF o F U V o uv V] o N O O � '9 O Cp 5 G T T v 'D r.- H O > 5 N > ti op > M Q 7 N N M 0 :a O 0 a x U N .L U O U d C I T Y 0 F (2) A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers �N L CC: Jim Dickinson, City Administrato \N FROM: David L. Carlberg, Community Deve pment Director SUBJECT: Approve Time Extension — Walmart — 1851 Bunker Lake Boulevard NW — Planning DATE: July 17, 2012 INTRODUCTION Fredrikson and Byron on behalf of Walmart have requested an extension for the review of the Walmart land use applications (see attached letter). The requested extension sets an August 23, 2012 expiration date. The City will need to act (either to approve or deny) on the land use applications on August 21, 2012, unless and additional time extension is granted by Walmart. ACTION REQUESTED The City Council is asked to approve the extension as requested. Attachment Letter from Fredrikson & Byron PA Respectfully submitted, David L. Carlberg Community Development Director Cc: Erik Miller, MFRA, Inc. Richard Snyder, Fredrikson & Byron PA Fredrikson July 13, 2012 VIA EMAIL AND U.S. MAIL David L. Carlberg Community Development Director City of Andover 1658 Crosstown Boulevard Northwest Andover, MN 55304 Re: Applications by Wal-Mart Real Estate Business Trust for Approval of Proposed Development of a Retail Store in the City of Andover Dear Mr. Carlberg: On behalf of Wal-Mart Real Estate Business Trust, the Applicant under the Preliminary Plat Application, Final Plat Application, Vacation of Easement Request, Commercial Site Plan Application and Conditional Use Permit Application submitted on or about March 20, 2012, we request and consent to, pursuant to Minn. Stat. §§ 462.358 and 15.99, an extension of the City's deadline for making a final decision on all pending applications through August 23, 2012. We understand that the current schedule is to have these matters heard by the Planning Commission on August 14, 2012, and by the City Council on August 21, 2012. Very truly w3l�� Richard D. Snyder Direct Dial: 612.492.7145 Email: rsnyder @fredlaw.com RDS:mp 5184392/042829.0175 cc: Mary Kendall, Wal-Mart (via email) TR Rose, Wal-Mart (via email) Erin M. O'Gara, Kutak Rock, LLP (via email) Mike Sims, Mid - America Real Estate - Minnesota, LLC (via email) Erik Miller, MFRA, Inc. (via email) Attorneys & Advisors main 612.492.7000 fax 612.492.7077 www.fredlaw.com MEMBER OF THE WORLD SERVICES GROUP A Worldwide Network of Professional Service Providers Fredrikson & Byron, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, Minnesota 55402 -1425 OFFICES Minneapolis, London, & Monterrey, Mexico Lg^ NDOVE nq �A, 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 / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Approve Debt Service Payments DATE: July 17, 2012 INTRODUCTION Attached are debt service payments to be paid on July 25 and 31, 2012. DISCUSSION Debt service payments totaling $7,666,493.76 are due on August 1, 2012. These are scheduled debt service payments. BUDGETIMPACT These are scheduled debt service payments. ACTION REQUESTED The Andover City Council is requested to approve total payments in the amount of $7,666,493.76. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachment CITY OF ANDOVER Debt Service Payment Schedule - August 1, 2012 Principal Interest Total General Obligation Revenue Bonds 2002 G.O. Water Revenue Bonds $ $ 157,543.75 $ 157,543.75 Final 2002 G.O. Water Revenue Bonds 6,490,000.00 - 6,490,000.00 escrow- Final 2004 EDA Public Facility Lease Revenue Bonds - 444,160.63 444,160.63 2006A EDA Public Facility Lease Rev Refunding Bonds - 212,113.75 212,113.75 escrow 2007 EDA Public Facility Lease Rev Refunding Bonds - 145,991.25 145,991.25 escrow 2007B G.O. Water Revenue Refunding Bonds - 133,073.13 133,073.13 escrow 2009A G.O. Water Revenue Bonds - 14,735.00 14,735.00 Certificates of Indebtedness 2011A G.O. Equipment Certificate - 1,890.00 1,890.00 Capital Improvement Bonds 2004A Capital Improvement Bonds - 33,133.75 33,133.75 Permanent Improvement Revolving Bonds 2010A G.O. PIR Refunding Bonds - 7,600.00 7,600.00 State Aid Bonds 2009A State Aid Street Refunding Bonds - 6,820.00 6,820.00 Referendum Bonds 2010A G.O. Open Space Bonds - 19,432.50 19,432.50 $ 6,490,000.00 $ 1,176,493.76 $ 7,666,493.76 !tlk C I T Y 0 F (9 A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and City Council Jim Dickinson, City Administra Michelle Hartner, Deputy City Clerk Adopt Resolution Appointing Election Judges for Primary Election July 17, 2012 INTRODUCTION The City Council is required to appoint judges to serve at the Primary Election on Tuesday, August 14, 2012. ACTION REQUIRED Council is requested to adopt the attached resolution appointing judges for the Primary Election. Respectfully submitted, 4 I,� Michelle Hartner Deputy City Clerk Attach: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R -12 A RESOLUTION APPOINTING JUDGES TO SERVE AT THE AUGUST 14, 2012 PRIMARY ELECTION IN THE CITY OF ANDOVER. WHEREAS, the City Council is required by State Statute to appoint election judges to serve at the August 14, 2012 Primary Election. WHEREAS, the City Council will allow the City Clerk to appoint substitution election judges if necessary. NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as election judges at the August 14, 2012 Primary Election. Precinct #1 — Hope Lutheran Church Gloria Young, Head Judge Dean Arneson Sharon Cramer Brenda Ferguson Janna Goodrich Andy Lantos Carol Moeller Michael Schilling Richard Snyder Donna Tumbom Precinct #2 — Grace Lutheran Church Gretchen Sabel, Head Judge Nancy Ahlberg Susan Christofferson Linda Evavold Frances Gargano Lisa Jagerson Cyril Larson Marie Romo Pamela Schilling Jo Zillhardt Precinct #3 — Riverdale Assembly of God Church Phyllis Kieffer, Head Judge Elaine Boos Carole Hibbard John King Sue McBride Barbara Peters Janice Quick Michael St. John Leon Tibbon Precinct #4 — Crooked Lake Elementary School Kelly Danzl, Head Judge Don Ahlberg John Catherson Barbara Collette Stan Graf Rene Kroll Ginger Nelson Luther Romo Liliya Ustimchuk Terry Van Note Michelle Winship Precinct #5 — Andover Christian Church Angel Bourque, Head Judge Margaret Kennedy Michele Koester Denise McNeff Mary Mead Tricia Shannon John Stong Jennifer Trenda Precinct #6 — Prairie Oak Community Church Gary Horning, Head Judge Barry Cenaiko Bruce Crane Susan Fanucci Barbara Humphreys Dolores Jeska Peggy Kuntz Rana Mattson William Obedoza Nancy Posl Lucy Schalwig Precinct #7 — Andover Community Center Lois Spadgenske, Head Judge Richard Lindmark, Jr. Pat Maltzen Larry Mueller Norman Myhre Lisa Nicoski John Wolf Precinct #8 — Andover Community Center Bruce Maltzen, Head Judge Shirley Beam Martha Burckhardt Richard Cords Jan Klinsing Pat Larson Jody Rieck Peter Ustimchuk Precinct #9 — Bunker Hills Activity Center Carol Murschel, Head Judge Susan Beal Janice Fuerst Dan Lehrer Judy Lestina Sandy Roslin Marian Smith Precinct #10 — Andover Elementary School Nicole Mason, Head Judge Sheila Bauer William Bonin Stan Deden Bradly Moll Linda Nelson Mike Roslin Diane Terebenet Kris Vogel Adopted by the City Council of the City of Andover this 17th day of July, 2012. Attest: Michelle Hartner- Deputy City Clerk CITY OF ANDOVER Michael R. Gamache — Mayor 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 . WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of lic rks /City Engineer FROM: Jason J. Law, Assistant City Engineer SUBJECT: Award Quote /12- 3/2012 Crack Sealing (Supplemental) - Engineering DATE: July 17, 20122010 INTRODUCTION The quote opening for this project is scheduled for Friday at 10:00 a.m. A supplemental item will be provided to the Council at the meeting. HJ.Law ubmitted, V, aason J. LaV A ttachments: Resolution / A,L,5�6w 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator David D. Berkowitz, Director of Pu c W ks /City Engineerba Jason J. Law, Assistant City Engineer Order Improvement /Order Plans & Specs /12 -07 & 12- 12/2012 Trail Maintenance and 2012 Parking Lot Maintenance - Engineering July 17, 2012 INTRODUCTION The City Council is requested to order the improvement and order plans & specifications for Projects 12 -07, 2012 Trail Maintenance and 12 -12, 2012 Parking Lot Maintenance. DISCUSSION In 2004 a Pavement Maintenance Program was put in place for the City of Andover's Trail System. The engineering department annually updates the plan as more trail segments are constructed throughout the City and annually updates and revises the plan accordingly to fit into budgetary constraints. The City has also implemented a Parking Lot Maintenance Program for all City owned parking lots. These programs help to prolong the life span of the City's trail and parking lot infrastructure. BUDGETIMPACT These projects are identified in the 2012 — 2016 Capital Improvement Plan. ACTION REQUIRED The City Council is requested to approve the resolution ordering the improvements and ordering plans & specifications for Projects 12 -07, 2012 Trail Maintenance and 12 -12, 2012 Parking Lot Maintenance. ectfully submitted, '-Jason J. La Attachments: Resolution .01/ improvement of 2012 Trail Maintenance and 2012 Parking Lot Maintenance , Projects 12 -7 & 12 -12; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 17th day of July , 2012 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER voting 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 PROJECTS NO. 12 -7 & 12 -12 FOR 2012 TRAIL MAINTENANCE & 2012 PARKING LOT MAINTENANCE-. WHEREAS, the City Council is cognizant of the need for the trail and parking lot maintenance improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2012 Trail Maintenance and 2012 Parking Lot Maintenance , Projects 12 -7 & 12 -12; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 17th day of July , 2012 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy Clerk CITY OF ANDOVER voting Michael R. Gamache - Mayor C C I T Y 0 F ., r. • 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: Approve Assignment of Development Agreement — Arbor Oaks Senior Living Proj ect DATE: July 17, 2012 INTRODUCTION The Council at the request of Arbor Oaks Senior Living LLC is requested to approve the Assignment of the Development Agreement for the Arbor Oaks Senior Living Project. DISCUSSION On May 15, 2012 the City Council approved a Resolution Authorizing Execution of a Development Agreement (attached) between the City of Andover and Arbor Oaks Senior Living, LLC. As part of securing financing for the project, the lender has requested that Arbor Oaks Senior Living, LLC assign the development agreement (which includes a $540,000 TIF Note) with the City of Andover to the lender. Pursuant to section 6.9 of Development Agreement: "Assignment. The Developer shall not assign its interest in this Agreement or the TIF Note without the consent of the City pursuant to action by the City Council, which consent shall not be unreasonably withheld." Upon the request, City Administration has worked with our Bond Counsel, Briggs & Morgan, to determine the proper path for assignment of the development agreement. To facilitate, the attached Assignment of Development Agreement was negotiated with Arbor Oaks Senior Living, LLC and the lenders legal counsel. City Administration is recommending approval of the Assignment of Development Agreement. ACTION REQUESTED The City Council is requested to approve the attached Assignment of Development Agreement for the Arbor Oaks Senior Living Project. ASSIGNMENT OF DEVELOPMENT AGREEMENT THIS ASSIGNMENT OF DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as of the day of , 2012, by and among THE CITY OF ANDOVER, MINNESOTA, a municipal corporation organized and existing under the laws of the State of Minnesota (the "City "), ARBOR OAKS SENIOR LIVING, LLC, a Minnesota limited liability company (the "Developer "), and TCF NATIONAL BANK, a national banking association (the "Lender "). WITNESSETH: WHEREAS, the City and the Developer have entered into that certain Development Agreement dated as of May 1, 2012 (the "Development Agreement "), concerning the construction by the Developer of a seventy unit senior rental housing development in the city of Andover, Minnesota, on property legally described on Exhibit A attached hereto and hereby made a part hereof (the "Project "); and WHEREAS, pursuant to the Development Agreement and provided the Developer is in compliance with the requirements contained in Article III of the Development Agreement, the City shall execute that certain Tax Increment Revenue Note (Arbor Oaks Senior Living Project) in the principal amount of $540,000 (the "TIF Note "); and WHEREAS, the Developer and the Lender have entered into that certain Construction and Term Loan Agreement dated as of , 2012 (the "Loan Agreement "), concerning the extension by the Lender to the Developer of a loan in the amount of up to $7,625,000 (the "Loan"), to finance in part the acquisition and construction of the Project; and WHEREAS, the obligation of the Developer to repay the Loan is evidenced by that certain Promissory Note dated as of , 2012 (the "Lender Note "), executed by the Developer in favor of the Lender in the original principal amount of $7,625,000; and WHEREAS, the Lender Note is secured, among other things, by that certain Mortgage, Security Agreement and Fixture Financing Statement dated as of , 2012 (the "Mortgage "), and that certain Assignment of Leases and Rents dated as of 2012 (the "Assignment of Rents ") (the Loan Agreement, the Lender Note, the Mortgage and the Assignment of Rents are hereinafter at times collectively referred to as the "Loan Documents "), each executed by the Developer in favor of the Lender and encumbering the Project; and WHEREAS, the Mortgage was filed of record in the office of the on Assignment of Rents was filed of on _, 2012, as Document No. record in the office of the , 2012, as Document No. Anoka County , and the Anoka County : and WHEREAS, the Lender has required, as a condition to the making of the Loan, that (a) the Developer assign all of its rights under the Development Agreement and the TIF Note to the Lender to secure the obligations of the Developer to the Lender under the Loan Documents, and (b) the City agrees to certain other matters, all as more fully contained herein. NOW THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Assignment. The Developer hereby assigns to the Lender all of its right, title and interest under the Development Agreement and the TIF Note, including, without limitation, the right to receive payments under the TIF Note, to secure the Developer's obligations under the Loan Documents. 2. TIF Note. To perfect the Lender's security interest in the TIF Note, upon receipt of the TIF Note, the Developer shall endorse and deliver to the TIF Note to the Lender to be held pursuant to the terms of this Agreement. 3. Representations and Warranties of Developer. The Developer hereby represents and warrants that there have been no prior assignments of the Development Agreement or the TIF Note, that the Development Agreement is and the TIF Note will be valid and enforceable agreements and that neither the City nor the Developer is in default thereunder and that all covenants, conditions and agreements have been performed as required therein, except those not to be performed until after the date hereof. The Developer agrees not to sell, assign, pledge, mortgage or otherwise transfer or encumber its interest in the Development Agreement or the TIF Note as long as this Agreement is in effect. The Developer hereby irrevocably constitutes and appoints the Lender as its attorney -in -fact to demand, receive and enforce the Developer's rights with respect to the Development Agreement and/or the TIF Note for and on behalf of and in the name of the Developer, or, at the option of the Lender, in the name of the Lender, with the same force and effect as the Developer could do if this Agreement had not been made. 4. Present Assignment. This Agreement shall constitute a perfected, absolute and present assignment, provided that the Lender shall have no right under this Agreement to enforce the provisions of the Development Agreement or the TIF Note or exercise any of its rights or remedies under this Agreement until an Event of Default (as that term is defined in the Loan Agreement) shall occur and be continuing. 5. Event of Default. Upon the occurrence of an Event of Default, the Lender may, without affecting any of its rights or remedies against the Developer under any other instrument, document or agreement, exercise its rights under this Agreement as the Developer's attorney -in- fact in any manner permitted by law and, in addition, the Lender shall have the right to exercise and enforce any and all rights and remedies available after a default to a secured party under the -2- Uniform Commercial Code as adopted in the State of Minnesota. If notice to the Developer of any intended disposition of collateral or of any intended action is required by law in any particular instance, such notice shall be deemed commercially reasonable if given at least ten (10) days prior to the intended disposition or other action. 6. Representations and Warranties of the City. The City hereby consents and agrees to the terms and conditions of this Agreement. The City has not declared an Event of Default under the Development Agreement. 7. No Assumption. The City acknowledges that the Lender is not a party to the Development Agreement and by executing this Agreement does not become a party to the Development Agreement, and specifically does not assume and shall not be bound by any obligations of the Developer to the City under the Development Agreement; provided, however, that the City's obligation to make payments under the TIF Note is conditioned upon performance by the Developer or the Lender or their successors of all of its obligations under the Development Agreement. 8. Default Under Development Ageement. Notwithstanding the provisions of Section 4.1(4) of the Development Agreement, if the Lender exercises its rights under this Agreement or under the Loan Documents, the City will not declare an event of default due to the foreclosure of the Mortgage; provided, however, that the City's obligation to make payments under the TIF Note is conditioned upon performance by the Developer or the Lender or their successors of all of its obligations under the Development Agreement. 9. Notice from the City. So long as the Development Agreement remains in effect, the City agrees to give to the Lender copies of notices of any event of default given to the Developer under the Development Agreement. 10. Amendments. The City and the Developer agree that no change or amendment shall be made to the terms of the Development Agreement or ,the TIF Note without the prior written consent of the Lender. 11. Waiver. This Agreement can be waived, modified, amended, terminated or discharged only explicitly in writing signed by the parties hereto. A waiver by the Lender shall be effective only in a specific instance and for the specific purpose given. Mere delay or failure to act shall not preclude the exercise or enforcement of any of the Lender's rights or remedies hereunder. All rights and remedies of the Lender shall be cumulative and may exercised singularly or concurrently at the Lender's option, and any and exercise or enforcement of any one such right or remedy shall neither be a condition to nor bar the exercise or enforcement of any other. 12. Headings. The descriptive headings for the several sections of this Agreement are inserted for convenience only and not to confine or limit any of the terms or provisions hereof. 13. Addresses for Notice. Any notice from, request, demand or communication hereunder shall be deemed fully given if delivered or served by depositing the same with the United States Postal Service, postage prepaid, certified or registered, addressed to the parties as set forth below: 2911 If to the City: City of Andover, Minnesota Attn: City Administrator 1685 Crosstown Boulevard NW Andover, MN 55304 If to the Developer: Arbor Oaks Senior Living, LLC Attn: Roger D. Fink 3601 181h Street South, Suite 103 St. Cloud, MN 56301 If to the Lender: TCF National Bank Attn: Mark Lucke 11100 Wayzata Boulevard, Suite 600 Minnetonka, MN 55305 14. Transfer of Title to Lender. The City agrees that in the event the Lender, a transferee of the Lender, or a purchaser at foreclosure sale, acquires title to the Project pursuant to foreclosure, or a deed in lieu thereof, the Lender, transferee or purchaser shall not be bound by the terms and conditions of the Development Agreement except as expressly provided herein. Further, the City agrees that in the event the Lender, a transferee of the Lender or a purchaser at foreclosure sale acquires title to the Project pursuant to a foreclosure sale or a deed in lieu thereof, then the Lender, transferee or purchaser shall be entitled to all rights conferred upon the Developer under the Development Agreement, provided that no condition of default exists and remains uncured beyond any applicable cure periods in the obligations of the Developer under the Development Agreement. 15. Successors. This Agreement and each and every covenants, agreement and other provision hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, including any person who acquires title to the Project through the Lender of a foreclosure of the Mortgage. 16. Severability. The enforceability or invalidity of any provision hereof shall not render any other provision or provisions herein contained unenforceable or invalid. 17. Governing Law. This Agreement is made in and shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. 10550.8 7069682W2 [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.] -4- [SIGNATURE PAGE TO ASSIGNMENT OF DEVELOPMENT AGREEMENT] CITY OF ANDOVER, MINNESOTA By: Its Mayor By: Its City Administrator STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2012, by and , the Mayor and City Administrator, respectively, of the City of Andover, Minnesota, a municipal corporation organized and existing under the laws of the State of Minnesota, for and on behalf of said municipal corporation. Notary Public [SIGNATURE PAGE TO ASSIGNMENT OF DEVELOPMENT AGREEMENT] ARBOR OAKS SENIOR LIVING, LLC, a Minnesota limited liability company STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2012, by the of Arbor Oaks Senior Living, LLC, a Minnesota limited liability company, for and on behalf of said limited liability company. Notary Public [SIGNATURE PAGE TO ASSIGNMENT OF DEVELOPMENT ASSIGNMENT] TCF NATIONAL BANK STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2012, by , the of TCF National Bank, a national banking association, for and on behalf of said national banking association. Notary Public DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ANDOVER, MINNESOTA AND ARBOR OAKS SENIOR LIVING, LLC This document drafted by: BRIGGS AND MORGAN Professional Association 2200 First National Bank Building St. Paul, Minnesota 55101 46098950 TABLE OF CONTENTS Page ARTICLEI DEFINITIONS .................................................................. ............................... 2 Section1.1 Definitions ............................................................. ............................... 2 ARTICLE II REPRESENTATIONS AND WARRANTIES ................. ............................... 4 Section 2.1 Representations and Warranties of the City .......... ............................... 4 Section 2.2 Representations and Warranties of the Developer ............................... 4 ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY ........ ............................... 6 Section 3.1 Project, Development Property, Site Improvements; Legal and Administrative Expenses ...................................... ............................... 6 Section 3.2. Reimbursement: TIF Note .................................... ............................... 6 Section 3.3 Compliance with Low and Moderate Income Requirements .............. 7 Section 3.4 Replacement Reserve ............................................ ............................... 8 ARTICLEIV EVENTS OF DEFAULT .................................................. ............................... 9 Section 4.1 Events of Default Defined .................................... ............................... 9 Section 4.2 Remedies on Default ............................................. ............................... 9 Section 4.3 No Remedy Exclusive ......................................... ............................... 10 Section4.4 No Implied Waiver ............................................. ............................... 10 Section 4.5 Agreement to Pay Attorney's Fees and Expenses .............................. 10 Section 4.6 Indemnification of City ......................................... .............................10 ARTICLE V DEVELOPER'S OPTION TO TERMINATE AGREEMENT .....................12 Section 5.1 The Developer's Option to Terminate ................. ............................... 12 Section 5.2 Effect of Termination .......................................... ............................... 12 ARTICLE VI ADDITIONAL PROVISIONS ....................................... ............................... 13 Section 6.1 Restrictions on Use ............................................. ............................... 13 Section 6.2 Conflicts of Interest ............................................... .............................13 Section 6.3 Titles of Articles and Sections ............................ ............................... 13 Section 6.4 Notices and Demands ......................................... ............................... 13 Section6.5 Counterparts .......................................................... .............................14 Section 6.6 Law Governing ................................................... ............................... 14 Section6.7 Expiration ............................................................ ............................... 14 Section 6.8 Provisions Surviving Rescission or Expiration ... ............................... 14 Section6.9 Assignment ......................................................... ............................... 14 EXHIBIT A DESCRIPTION OF DEVELOPMENT PROPERTY ........... ............................... A -1 EXHIBITB FORM OF TIF NOTE ............................................................ ............................... B -1 EXHIBITC SITE IMPROVEMENTS ....................................................... ............................... C -1 EXHIBIT D COMPLIANCE CERTIFICATE ........................................... ............................... D -1 46098950 DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the I" day of May, 2012, by and between the City of Andover, Minnesota (the "City "), a municipal corporation organized and existing under the laws of the State of Minnesota and Arbor Oaks Senior Living, LLC, a Minnesota limited liability company, together with any successors and assigns, as provided herein (the "Developer "), WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Section 469.124 through 469.134, the City has heretofore established Development District No. 1 (the "Development District ") and has adopted a development program therefor (the "Development Program "); and WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.1799, as amended, (hereinafter the "Tax Increment Act "), the City has heretofore created, within the Development District, Tax Increment Financing District No. 1 -5 (the "Tax Increment District ") and adopted a tax increment financing plan, dated May 1, 2012, (the "Tax Increment Plan ") therefor which provides for the use of tax increment financing in connection with certain development within the Development District; and WHEREAS, in order to achieve the objectives of the Development Program and particularly to make the land in the Development District available for development by private enterprise in conformance with the Development Program, the City has determined to assist the Developer with the financing of certain costs of a Project (as hereinafter defined) to be constructed within the Tax Increment District as more particularly set forth in this Agreement; and WHEREAS, the City believes that the development and construction of the Project, and fulfillment of this Agreement are vital and are in the best interests of the City, the health, safety, morals and welfare of residents of the City, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 46098950 ARTICLE I DEFINITIONS Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Business Day means any day except a Saturday, Sunday or a legal holiday or a day on which banking institutions in the City are authorized by law or executive order to close; City means the City of Andover, Minnesota; Compliance Certificate means the Compliance Certificate in substantially the form attached hereto as Exhibit D; Count means Anoka County, Minnesota, in which the Development Property is located; Developer means Arbor Oaks Senior Living, LLC, its successors and assigns; Development District means Development District No. 1, including the real property described in the Development Program; Development Program means the development program approved in connection with the Development District; Development Property means the real property described in Exhibit A attached to this Agreement; Event of Default means any of the events described in Section 4.1 hereof, Legal and Administrative Expenses means the fees and expenses incurred by the City in connection with the 'adoption and administration of the Tax Increment Financing Plan, the preparation of this Agreement and the issuance of the TIF Note; Note Payment Date means August 1, 2014, and each August 1 and February 1 of each year thereafter to and including February 1, 2029; provided, that if any such Note Payment Date should not be a Business Day, the Note Payment Date shall be the next succeeding Business Day; Prime Rate means the rate of interest from time to time publicly announced by U.S. Bank National Association in Minneapolis, Minnesota, as its "reference rate" or any successor rate, which rate shall change as and when that prime rate or successor rate changes; 2 46098950 Project means an approximately 70 -unit senior rental housing development, consisting of approximately 49 assisted living apartments and 21 enhanced care studio apartments, all contained in one, 3 -story building, to be located on the Development Property; Site Improvements means the site improvements undertaken or to be undertaken on the Development Property, more particularly described on Exhibit C attached hereto; State means the State of Minnesota; Tax Increments means 90% of the tax increments derived from the Development Property which have been received and retained by the City in accordance with the provisions of Minnesota Statutes, Section 469.177; Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.1799, as amended; Tax Increment District means Tax Increment Financing District No. 1 -5 located within the Development District, a description of which is set forth in the Tax Increment Financing Plan, which was qualified as a housing district under the Tax Increment Act; Tax Increment Financing Plan means the tax increment financing plan approved for the Tax Increment District by the City Council on May 1, 2012; Termination Date means the earlier of (i) February 1, 2029, (ii) the date the TIF Note is paid in full, (iii) the date on which the Tax Increment District expires or is otherwise terminated, or (iv) the date this Agreement is terminated or rescinded in accordance with its terms; TIF Note means the Tax Increment Revenue Note ([Trident Development] Project) to be executed by the City and delivered to the Developer pursuant to Article III hereof, a copy of which is attached hereto as Exhibit B. Unavoidable Delays means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Project, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. 3 46098950 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Representations and Warranties of the City. The City makes the following representations and warranties: (1) The City is a municipal corporation and has the power to enter into this Agreement and carry out its obligations hereunder. The City has adopted a resolution creating the Tax Increment District in which the Project is to be developed. (2) Based on the representation of the Developer set forth in Section 3.3 below, the Tax Increment District is a "housing district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 11, and was created, adopted and approved in accordance with the terms of the Tax Increment Act. (3) The development of the Project, contemplated by this Agreement is in conformance with the development objectives set forth in the Development Program. (4) To finance certain costs within the Tax Increment District, the City proposes, subject to the further provisions of this Agreement, to apply Tax Increments to reimburse the Developer for a portion of the costs of the Development Property and the construction of certain Site Improvements incurred in connection with the Project as further provided in this Agreement. (5) The City makes no representation or warranty, either expressed or implied, as to the Development Property or its condition or the soil conditions thereon, or that the Development Property shall be suitable for the Developer' purposes or needs. Section 2.2 Representations and Warranties of the Developer. The Developer makes the following representations and warranties: (1) The Developer is a Minnesota limited liability company, has power to enter into this Agreement and to perform its obligations hereunder and, by doing so, is not in violation of any provisions of its organizational documents or the laws of the State. (2) The Developer shall cause the Project to be constructed in accordance with the terms of this Agreement, the Development Program, and all applicable local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations). (3) The construction of the Project would not be undertaken by the Developer, and in the opinion of the Developer would not have been or be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Developer provided for in this Agreement. 0 46098950 (4) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the balance of the Project may be lawfully constructed. (5) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (6) The Developer will cooperate fully with the City with respect to any litigation commenced with respect to the Project. (7) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Project. (8) The construction of the Project shall commence no later than September 30, 2012 and barring Unavoidable Delays, the Project will be substantially completed by December 31, 2013. (9) The Developer will not seek a reduction in the market value as determined by the Anoka County Assessor of the Project or other facilities that it constructs on the Development Property, pursuant to the provisions of this Agreement, for so long as the TIF Note remains outstanding. 5 46098950 ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY Section 3.1 Project Development Property Site Improvements• Legal and Administrative EUenses. (1) The parties agree that the acquisition of the Development Property and the installation of the Site Improvements are essential to the successful completion of the Project. The costs of the Site Improvements shall be paid by the Developer. The City shall reimburse the Developer for up to $540,000 of the costs of acquisition of the Development Property and the Site Improvements actually incurred and paid by the Developer (the "Reimbursement Amount ") as further provided in Section 3.2. (2) Upon execution of this Agreement, the Developer shall reimburse the City for its actual out of pocket Legal and Administrative Expenses incurred in connection with the adoption of the Tax Increment Financing Plan and the preparation of this Agreement. Said Legal and Administrative Expenses shall be limited to no more than $20,000. Section 3.2 Reimbursement: TIF Note. The City shall reimburse the payments made by the Developer under Section 3.1 for costs of acquisition of the Development Property and the construction of the Site Improvements through the issuance of the City's TIF Note in substantially the form attached to this Agreement as Exhibit B, subject to the following conditions:: (1) The TIF Note shall be dated, issued and delivered when the Developer shall have demonstrated in writing to the reasonable satisfaction of the City that the construction of the Site Improvements and the Project has been completed and that the Developer has incurred and paid all costs of acquisition of the Development Property and the construction of Site Improvements, as described in and limited by Section 3.1 and shall have submitted paid invoices for the costs of construction of the Site Improvements in an amount not less than the Reimbursement Amount. (2) The unpaid principal amount of the TIF Note shall bear simple, non - compounding interest from the date of issuance of the TIF Note, at 5.00% per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30 -day months. The principal amount of the TIF Note and the interest thereon shall be payable solely from the Tax Increments. (3) The payment dates of the TIF Note shall be the Note Payment Dates. On each Note Payment Date and subject to the provisions of the TIF Note, the City shall pay, against the principal and interest outstanding on the TIF Note, the Tax Increments received by the City during the preceding six months. All such payments shall be applied first to accrued interest and then to reduce the principal of the TIF Note. (4) The TIF Note shall be a special and limited obligation of the City and not a general obligation of the City, and only Tax Increments shall be used to pay the principal of and interest on the TIF Note. If, on any Note Payment Date, the Tax Increments for the payment of the accrued and unpaid interest on the TIF Note are insufficient for such purposes, the difference shall be carried forward, without interest accruing thereon, and shall be paid if and to the extent 0 46098950 that on a future Note Payment Date there are Tax Increments in excess of the amounts needed to pay the accrued interest then due on the TIF Note (5) The City's obligation to make payments on the TIF Note on any Note Payment Date or any date thereafter shall be conditioned upon the requirement that there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement. (6) The TIF Note shall be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit B. In the event of any conflict between the terms of the TIF Note and the terms of this Section 3.2, the terms of the TIF Note shall govern. The issuance of the TIF Note pursuant and subject to the terms of this Agreement, and the taking by the City of such additional actions as bond counsel for the TIF Note may require in connection therewith, are hereby authorized and approved by the City. Section 3.3 Compliance with Low and Moderate Income Requirements. (1) The City and the Developer understand and agree that the Tax Increment District will constitute a "housing district" under Section 469.174, Subd. 11 of the Tax Increment Act. Accordingly, in compliance with Section 469.1761, Subd. 3 of the Tax Increment Act, the Developer agrees that the Project must satisfy, or be treated as satisfying, the income requirements for a qualified residential rental project as defined in Section 142(d) of the Internal Revenue Code. The parties further agree that no more than 20% of the square footage of the Project (which is the only building receiving assistance from Tax Increments) may consist of commercial, retail, or other nonresidential uses. The Developer must meet the above requirements as follows: (A) At least 20% of the residential units in the Project must be occupied or available for occupancy by persons whose incomes do not exceed 50% of the County median income; and (B) The limits described in clause (A) must be satisfied through the Termination Date. Income for occupants of units described in clause (A) shall be adjusted for family size in accordance with Section 142(d) of the Internal Revenue Code and related regulations. (2) On or before each July 1, commencing on July 1, 2015, and each July 1 thereafter, the Developer or an agent of the Developer must deliver or cause to be delivered to the City a Compliance Certificate executed by the Developer covering the preceding twelve (12) months together with written evidence satisfactory to the City of compliance with the covenants in this Section. This evidence must include a statement of the household income of each of qualifying renter, a written determination that each qualifying renter's household income falls within the qualifying limits of this Section (and Section 142(d) of the Internal Revenue Code), and certification that the income documentation is correct and accurate (and that the determination of qualification was made in compliance with Section 142(d) of the Internal Revenue Code). The City may review, upon request, all documentation supporting the Developer submissions and statements. In determining compliance with this Section, the Developer must use the County median incomes for the year in which the payment is due on the TIF Note, as promulgated by the YII 46098950 Minnesota Housing Finance Agency based on the area median incomes established by the United States Department of Housing and Urban Development. Section 3.4 Replacement Reserve. Developer shall deliver evidence satisfactory to the City that the Developer's mortgage financing contains loan covenants requiring the Developer to fund and maintain a replacement reserve in such amounts satisfactory to the City. In the event Developer's mortgage financing does not contain such loan covenants, then the following shall apply: (1) Commencing in January 1, 2015, Developer shall make deposits to a replacement reserve account in an amount equal to $500 per unit per year. Such deposits shall continue until the TIF Note has terminated by maturity or otherwise. The Development may use amounts on hand in such replacement reserve account to pay the cost of capital expenditures related to the Project, including the cost of replacement, repair, reconstruction, or restoration of the Project. All income realized from the investment of the replacement reserve account shall be credited as received to such account and may be applied against the required deposit. (2) On or before April 1 of each year, commencing April 1, 2015, Developer shall deliver to the City a copy of its annual financial statements as prepared by Developer's certified public accountant, and including income statements and balance sheet, which shall include evidence of the deposits to the replacement reserve account. In the event that the Developer has failed to make the required annual deposit, as shown on the annual financial statements, Developer shall have 60 days from the date the financial statements are delivered to the City to make such deposit and shall provide the City with written evidence that such deposit has been made within such 60 -day period. 46098950 ARTICLE IV EVENTS OF DEFAULT Section 4.1 Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events: (1) Failure by the Developer to timely pay any ad valorem real property taxes assessed, special assessments or other City charges with respect to the Development Property when due and payable. (2) Failure by the Developer to cause the construction of the Project to be completed pursuant to the terms, conditions and limitations of this Agreement. (3) Failure of the Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (4) The holder of any mortgage on the Development Property or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable mortgage documents. (5) If the Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated as bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof, or a receiver, trustee or liquidator of the Developer, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Developer, and shall not be discharged within sixty (60) days after such appointment, or if the Developer, shall consent to or acquiesce in such appointment. Section 4.2 Remedies on Default. Whenever any Event of Default referred to in Section 4.1 occurs and is continuing, the City, as specified below, may take any one or more of the following actions after the giving of thirty (3 0) days' written notice to the Developer, but only if the Event of Default has not been cured within said thirty (30) days: 0 46098950 (1) The City may suspend its performance under this Agreement and the TIF Note until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement. (2) The City may cancel and terminate the Agreement and the TIF Note. (3) The City may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 4.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City the fees of such attorneys and such other reasonable expenses so incurred by the City. Section 4.6 Indemnification of City. (1) The Developer releases from and covenants and agrees that the City, its governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively the "Indemnified Parties ") shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any.loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project, provided that the foregoing indemnification shall not be effective for any actions of the Indemnified Parties that are not contemplated by this Agreement. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the actions or inactions of the Developer (or other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project; provided, that 10 46098950 this indemnification shall not apply to the warranties made or obligations undertaken by the City in this Agreement or to any actions undertaken by the City which are not contemplated by this Agreement but shall, in any event and without regard to any fault on the part of the City, apply to any pecuniary loss or penalty (including interest thereon from the date the loss is incurred or penalty is paid by the City at a rate equal to the Prime Rate) as a result of the Developer operating the Project so that the Tax Increment District does not qualify or ceases to qualify as a "housing district" under Section 469.174, Subdivision 11, of the Act or to violate limitations as to the use of Tax Increments as set forth in Section 469.176, Subdivision 4d. (3) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City. 11 46098950 ARTICLE V DEVELOPER'S OPTION TO TERMINATE AGREEMENT Section 5.1 The Developer's Option to Terminate. This Agreement may be terminated by Developer, if (i) the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred; and (ii) the City fails to comply with any material term of this Agreement, and, after written notice by the Developer of such failure, the City has failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if such noncompliance cannot reasonably be cured by the City within ninety (90) days, of receipt of such notice, the City has not provided assurances, reasonably satisfactory to the Developer, that such noncompliance will be cured as soon as reasonably possible. Section 5.2 Effect of Termination. If this Agreement is terminated pursuant to this Article V, this Agreement shall be from such date forward null and void and of no further effect; provided, however, the termination of this Agreement shall not affect the rights of either party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by the other party, or to recover amounts which had accrued and become due and payable as of the date of such termination. Upon termination of this Agreement pursuant to this Article V, the Developer shall be free to proceed with the Project at its own expense and without regard to the provisions of this Agreement; provided, however, that the City shall have no further obligations to the Developer with respect to reimbursement of the expenses set forth in Section 3.2, or to make any further payments on the TIF Note. 12 46098950 ARTICLE VI ADDITIONAL PROVISIONS Section 6.1 Restrictions on Use. The Developer agrees for itself, its successors and assigns and every successor in interest to the Development Property, or any part thereof, that during the term of this Agreement the Developer and such successors and assigns shall operate, or cause to be operated, the Project as a senior rental housing facility and shall devote the Development Property to, and in accordance with, the uses specified in this Agreement. Section 6.2 Conflicts of Interest. No member of the governing body or other official of the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement. Section 6.3 Titles of Articles and Sections. Any titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 6.4 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) in the case of the Developer is addressed to or delivered personally to: Arbor Oaks Senior Living, LLC Attention: Roger D. Fink 3601 18th Street South, Suite 103 St. Cloud, Minnesota 56301 With a copy to: Kaplan, Strangis and Kaplan, PA Attention: David Karan 5500 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 13 46098950 (2) in the case of the City is addressed to or delivered personally to the City at: City of Andover, Minnesota Attention: City Administrator 1685 Crosstown Boulevard NW Andover, Minnesota 55304 with a copy to: Briggs and Morgan, P.A. Attention: Mary Ippel W2200 First National Bank Building 332 Minnesota Street St. Paul, MN 55101 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. Section 6.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 6.6 Law Governing. This Agreement will be governed and construed in accordance with the laws of the State. Section 6.7 Expiration. This Agreement shall expire on the Termination Date. Section 6.8 Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. Section 6.9 Assigninent. The Developer shall not assign its interest in this Agreement or the TIF Note without the consent of the City pursuant to action by the City Council, which consent shall not be unreasonably withheld. 14 46098950 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf and its seal to be hereunto duly affixed, and the Developer has caused this Agreement to be duly executed on its behalf, on or as of the date first above written. CITY OF ANDOVER, MINNESOTA By Its Mayor By Its City Administrator This is a signature page to the Development Agreement by and between the City of Andover and Arbor Oaks Senior Living, LLC. S -1 46098950 ARBOR OAKS SENIOR LIVING, LLC By Its This is a signature page to the Development Agreement by and between the City of Andover and Arbor Oaks Senior Living, LLC. S -2 46098950 EXHIBIT A DESCRIPTION OF DEVELOPMENT PROPERTY Parcel Identification Numbers: 22- 32 -24 -11 -0024 22- 32 -24 -11 -0025 NOTE: PROPERTY TO BE RE- PLATTED A DIFFERENT LEGAL DESCRIPTION MAY APPLY UPON RECORDING A -1 4609895v3 No. R -1 EXHIBIT B FORM OF TIF NOTE UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER TAX INCREMENT REVENUE NOTE (ARBOR OAKS SENIOR LIVING PROJECT) $540,000 The City of Andover, Minnesota (the "City "), hereby acknowledges itself to be indebted and, for value received, hereby promises to pay the amounts hereinafter described (the "Payment Amounts ") to Arbor Oaks Senior Living, LLC, or its registered assigns (the "Registered Owner "), but only in the manner, at the times, from the sources of revenue, and to the extent hereinafter provided. The principal amount of this Note shall equal from time to time the principal amount stated above, as reduced to the extent that such principal installments shall have been paid in whole or in part pursuant to the terms hereof; provided that the sum of the principal amount listed above shall in no event exceed $540,000 as provided in that certain Development Agreement, dated as of May 1, 2012, as the same may be amended from time to time (the "Development Agreement "), by and between the City and Arbor Oaks Senior Living, LLC The unpaid principal amount hereof shall bear interest from the date of this Note at the simple, non- compounding interest at a rate of five and zero hundredths percent (5.00 %) per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30 -day months. The amounts due under this Note shall be payable on August 1, 2014, and on each August 1 and February 1 thereafter to and including February 1, 2029, or, if the first should not be a Business Day (as defined in the Development Agreement) the next succeeding Business Day (the "Payment Dates "). On each Payment Date the City shall pay by check or draft mailed to the person that was the Registered Owner of this Note at the close of the last business day of the City preceding such Payment Date an amount equal to the Tax Increments (hereinafter defined) received by the City during the six month period preceding such Payment Date. All payments made by the Authority under this Note shall first be applied to accrued interest and then to principal. This Note is prepayable by the Authority, in whole or in part, on any date. The Payment Amounts due hereon shall be payable solely from 90% of the tax increments (the "Tax Increments ") from the Development Property (as defined in the Development Agreement) within the City's Tax Increment Financing District Tax Increment Financing District No. 1 -5 (the "Tax Increment District ") within its Development District No. 1 which are paid to the City and which the City is entitled to retain pursuant to the provisions of Minnesota Statutes, Sections 469.174 through 469.1799, as the same may be amended or supplemented from time to time (the "Tax Increment Act "). This Note shall terminate and be of M. 46098950 no further force and effect following the termination of the Tax Increment District, on any date upon which the City shall have terminated the Development Agreement under Section 4.2(2) thereof or the Developer shall have terminated the Development Agreement under Article V thereof, or on the date that all principal and interest payable hereunder shall have been paid in full, whichever occurs earliest. The City makes no representation or covenant, expressed or implied, that the Tax Increments will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The City's payment obligations hereunder shall be further conditioned on the fact that no Event of Default under the Development Agreement shall have occurred and be continuing at the time payment is otherwise due hereunder, but such unpaid amounts shall become payable, without interest accruing thereon in the meantime, if said Event of Default shall thereafter have been cured; and, further, if pursuant to the occurrence of an Event of Default under the Development Agreement the City elects to cancel and rescind the Development Agreement, the City shall have no further debt or obligation under this Note whatsoever. Reference is hereby made to all of the provisions of the Development Agreement, including without limitation Section 3.2 thereof, for a fuller statement of the rights and obligations of the City to pay the principal of this Note, and said provisions are hereby incorporated into this Note as though set out in full herein. This Note is a special, limited revenue obligation and not a general obligation of the City and is payable by the City only from the sources and subject to the qualifications stated or referenced herein. This Note is not a general obligation of the City of Andover, Minnesota, and neither the full faith and credit nor the taxing powers of the City are pledged to the payment of the principal of this Note and no property or other asset of the City, save and except the above - referenced Tax Increments, is or shall be a source of payment of the City's obligations hereunder. This Note is issued by the City in aid of financing a project pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including the Tax Increment Act. This Note may be assigned only with the consent of the City which consent will not be unreasonably withheld. In order to assign the Note, the assignee shall surrender the same to the City either in exchange for a new fully registered note or for transfer of this Note on the registration records for the Note maintained by the City. Each permitted assignee shall take this Note subject to the foregoing conditions and subject to all provisions stated or referenced herein. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation thereon. 1001PA 46098950 IN WITNESS WHEREOF, City of Andover, Minnesota, by its City Council, has caused this Note to be executed by the manual signatures of its Mayor and City Administrator and has caused this Note to be issued on and dated 20 . Mayor Administrator MN 46098950 CERTIFICATION OF REGISTRATION It is hereby certified that the foregoing Note, as originally issued on , 20 , was on said date registered in the name of Arbor Oaks Senior Living, LLC, and that, at the request of the Registered Owner of this Note, the undersigned has this day registered the Note in the name of such Registered Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. NAME AND ADDRESS OF REGISTERED OWNERS Arbor Oaks Senior Living, LLC 3601 181h Street South, Suite 103 St. Cloud, Minnesota 56301 46098950 DATE OF REGISTRATION 20 K11 20 20 SIGNATURE OF CITY ADMINISTRATOR EXHIBIT C SITE IMPROVEMENTS Landscaping, including irrigation Foundations and Footings Grading/earthwork Engineering Survey Environmental Testing Soil Borings Site Preparation Onsite Utilities Storm Water /Ponding Outdoor Lighting Onsite Road, Curb, Gutter, Driveway, Sidewalk and Streetscape Improvements Parking C -1 46098950 EXHIBIT D COMPLIANCE CERTIFICATE The undersigned Arbor Oaks Senior Living, LLC, does hereby certify that as of the date of this Certificate not less than 20% of the residential units in the Arbor Oaks Senior Living Project located at in Andover, Minnesota (the "Project ") are occupied by individuals whose income is 50% or less of the Anoka County median income. Dated this day of , 20_ ARBOR OAKS SENIOR LIVING, LLC IM Its 46098950 D -1 a C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrato FROM: Commander Kevin Halweg - Anoka o my Sheriff's Office SUBJECT: Anoka County Sheriffs Office Monthly Report - Sheriff DATE: July 17, 2012 INTRODUCTION Lt. Shelly Orlando from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Commander Kevin Halweg Anoka County Sheriff's Office WAt�LINDO 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 Administrat FROM: David L. Carlberg, Community Development Director SUBJECT: Consider Amended Conditional Use Permit for Time Extension/Legacy Christian Academy (Meadow Creek Church) Subordinate Classrooms /3037 Bunker Lake Blvd- Planning DATE: July 17, 2012 INTRODUCTION Legacy Christian Academy (Meadow Creek Church) has requested additional time for the existing subordinate classroom structures. No changes to the existing buildings are proposed. DISCUSSION The previous Conditional Use Permit amendment will expire on August 31' of this year. The Applicant would like to extend the approval for these structures an additional three (3) years to August 31, 2015. The Legacy Christian Academy has plans to build a new school on property they own in Ramsey. The necessary funding has not been secured to allow the construction of the school, hence the request and need to extend the timeframe on the existing subordinate classrooms. Compliance with Previous Approval Resolution R107 -02 provided the initial approval of the subordinate classroom structures (attached). The Applicant has complied with all of the conditions of approval of this resolution and subsequent extensions to the CUP in 2007 (Resolution R074 -07 attached) and 2009 (Resolution R063 -09 attached). Planning Commission Recommendation The Planning Commission is recommending approval of the request. The draft minutes from the meeting are attached. ACTION REQUESTED The City Council is asked to approve the proposed amended Conditional Use Permit. Attachments Resolution Location Map Location of Subordinate Classroom Structures Photos of Classrooms Resolution R063 -09 Resolution R074 -07 Resolution R107 -02 Planning Commission Minutes Respectfully submitted, David L. Carlberg Cc: Desiree Kuik 3037 Bunker Lake Boulevard NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rxx -12 A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT TO EXTEND THE APPROVAL FOR SUBORDINATE CLASSROOM STRUCTURES TO AUGUST 31, 2015 FOR THE LEGACY CHRISTIAN ACADEMY (MEADOW CREEK CHRISTIAN SCHOOL) ON PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW, LEGALLY DESCRIBED AS: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota WHEREAS, Legacy Christian Academy (Meadow Creek Christian School) received approval of an amended conditional use permit to allow subordinate classroom structures until August 31, 2012 from the City Council on August 18, 2009; and WHEREAS, the Legacy Christian Academy (Meadow Creek Christian School) has purchased property where a new school will be constructed in the City of Ramsey; and WHEREAS, the Legacy Christian Academy (Meadow Creek Christian School) has requested that the conditional use permit for subordinate classroom structures be extended through August of 2015 to allow time for the new school to be constructed; and WHEREAS, the Planning and Zoning Commission held a public hearing and finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the conditional use permit amendment to allow for the continued use of the existing subordinate classroom structures with the following conditions: 1. The subordinate classroom structures shall continue to comply with the conditions of Resolution R107 -02 except as follows: a. The amended conditional use permit shall expire on August 31, 2015, or earlier upon termination of the lease of the premises for which the conditional use permit is granted. Adopted by the City Council of the City of Andover on this 17th day of July, 2012. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk AC[ T Y O F NDOV _ Map i } l S t }• J4L ' _ t- jI X31 _ Blair ZIA an WAN r' R ut Yr W ✓ r I dw KK - � �1 S� n rr •— �, R, r mom car Lx CT T fir. • -'} %_' llil ±. 1_ CT1 Y Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps nor surveys N and are not intended to be used as such. 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I330G 2861 +2841 2813 " ., __ O 27 2]df 2716 i"6 13303 862 823 2482 COON RHOS Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps nor surveys N and are not intended to be used as such. The maps and documents are created as part of the Geographic Information Systems w E (GIS) that compiles records, information, and data from various city, county, stale and federal resources. Copyright © 2010 City of Andover, Atl Rights Reserved 0 S Printed 06/21/2012 Current Photos of Classrooms View from Northwest I x W.ii =IPA;= . ew from West View from Southwest ew from Southeast CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R063 -09 A RESOLUTION AMENDING CONDITIONAL USE PERMIT TO EXTEND THE APPROVAL FOR SUBORDINATE CLASSROOM STRUCTURES TO AUGUST 18, 2012 FOR MEADOW CREEK CHRISTIAN SCHOOL ON PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota WHEREAS, Meadow Creek Christian School received approval of a conditional use permit to allow subordinate classroom structures until July of 2009 from the City Council on May 15, 2007; and WHEREAS, Meadow Creek Christian School has purchased property where a new school will be constructed and completed the commercial site plan review process with the city; and WHEREAS Meadow Creek Christian School has requested that the conditional use permit for subordinate classroom structures be extended through August of 2012 to allow time for the new school to be constructed; and WHEREAS, the City Council held a public hearing and finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the conditional use permit amendment to allow for the continued use of the existing subordinate classroom structures with the following conditions: 1. The subordinate classroom structures shall continue to comply with the conditions of Resolution R107 -02 except as follows: a. The amended conditional use permit shall expire on August 31, 2012, or earlier upon termination of the lease of the premises for which the conditional use permit is granted. Adopted by the City Council of the City of Andover on this 18th day of August, 2009. CITY OF ANDOVER ATTEST: .1dichael R. Gamache; Z ayor. UA J U4 t��� �M�f rchelle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R074 -07 A RESOLUTION AMENDING CONDITIONAL USE PERMIT (02 -08) TO EXTEND THE PERMIT FOR TEMPORARY CLASSROOMS TO JULY 1, 2009 FOR MEADOW CREEK CHRISTIAN SCHOOL ON PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota WHEREAS, Meadow Creek Christian School received approval of a conditional use permit to allow temporary classrooms until June of 2007 from the City Council on July 2, 2002; and WHEREAS, Meadow Creek Christian School has purchased property where a new school will be constructed and completed the commercial site plan review process with the city; and WHEREAS, Meadow Creek Christian School has made significant progress in raising funds for the new school yet will not have the school constructed when the conditional use permit for temporary classrooms expires; and WHEREAS Meadow Creek Christian School has requested that the conditional use permit for temporary classrooms be extended through June of 2009 to allow time for the new school to be constructed; and WHEREAS, the Planning Commission held a pubic hearing and has reviewed the request; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover and recommends to the City Council approval of the conditional use permit amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City ofAndover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit amendment to allow for the continued use of the four temporary classroom structures with the following conditions: The temporary classrooms shall continue to comply with the conditions of Resolution R107 -02 except as follows: a. The amended conditional use permit shall expire on July 1, 2009. Adopted by the City Council of the City of Andover on this 15`x' day of May, 2007. CITY OF ANDOVER � 4 ATTEST: M' hael R. Gamache, Mayor Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. R107 -02 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF MEADOW CREEK CHURCH TO ALLOW TEMPORARY CLASSROOMS FOR PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW WHEREAS, Meadow Creek Church has requested a Special Use Permit for temporary classrooms for property located at 3037 Bunker Lake Boulevard (PIN 33 32 24 23 0005), legally described as: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8 Section 5.03, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit for temporary classrooms on said property with the following conditions: 1. All the classrooms must have fire alarms interconnected to the main school's existing fire alarm system. 2. The corridor between the classrooms and the main school building must also have fire alarm protection and must be rated. 3. The exits must have an unobstructed passageway to the public right of way. Some type of sidewalk or path which is clear at all times to the road or parking lot would be acceptable. 4. Any propane tank must be 10 feet from buildings with fire resistive walls, 25 feet from buildings with other than fire resistive walls, 25 feet from building wall openings or pits at or below the level of the point of transfer, 10 feet from public ways including public streets, highways, thoroughfares, and sidewalks, and 5 feet from driveways. Installation requirements will be addressed at the time of installation. S. A minimum of ten feet (10') would be required to separate the classrooms from the gym. 6. The Site Plan will need to be signed. 7. The Special Use Permit would expire by June 11, 2007 or earlier upon the sale of the premises for which the Special Use Permit is granted. 8. This Special Use Permit shall be subject to review at any time the City Council determines this use of the property becomes detrimental to the health, safety or general welfare of the community. 9. Subject to Building Official and Fire Chief inspection. Adopted by the City Council of the City of Andover on this 2 "d day of July, 2002. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk ichael R. Gamache, Mayor Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes -July 10 2012 R Page 2 Planning and Zoning W op minutes as amended. Motion carried on a 6 -ayes, 0- nays, 1- absent us) vote. PUBLIC HEARING: Conditional Use Permit (12 -05) Amending Conditional Use Permit R063 -09 Extending Approval of Meadow Creek School Subordinate Classroom Structures at 3037 Bunker Lake Boulevard NW. Community Development Director Carlberg stated Legacy Christian Academy has requested additional time for the existing subordinate (temporary) classroom structures. No changes to the existing buildings are proposed. Legacy Christian Academy has plans to build a new school on the property they own in Ramsey. The necessary funding has not been secured to allow the construction of the school, hence the request and need to extend the timeframe on the existing subordinate classrooms. Staff recommends approval of the proposed amended conditional use permit and the Planning Commission is asked to recommend approval of the proposed amended conditional use permit to the City Council. Commissioner Cleveland asked what type of schedule the Fire Department had for inspecting this facility. Community Development Director Carlberg stated the Fire Department does frequent fire inspections for all commercial and industrial properties and the maximum time between inspections is about two (2) years. Commissioner Olsen asked if the public had made any comments regarding this request. Community Development Director Carlberg stated staff had received one (1) call about the phone number on the public notice sign placed on the property but nothing specific about this application. Motion by Commissioner Cleveland, Seconded by Commissioner Olsen to open the public hearing at 7:12 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Commissioner Peterson asked the applicant for additional information on the time frame for moving to Ramsey. Mr. Casey Breen, 7403 Marlow Avenue NE, Otsego, MN, stated currently the school is waiting for financing. The pad and construction d�cuments are ready and once the financing has been secured construction will begin. Commissioner Olsen asked who owned the current subordinate structures. Regular Andover Planning and Zoning Commission Meeting ��� Minutes —July 10 2012 Page 3 Mr. Breen stated the school is leasing these structures from the church and it is his understanding that once the school has vacated the structures the church will remove them. Commissioner Gudmundson asked how close the school was to its financial goal. Mr. Breen stated the school project is estimated at $32 million and currently there is about a $10 million gap in the financing. Motion by Commissioner Nemeth, Seconded by Commissioner Olsen to close the public hearing at 7:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Commissioner Olsen stated the history and previous meeting minutes show this request had been thoroughly reviewed and the public has not raised any issues with these structures. He clarified there is an expected end to the use of these structures and he would support approving this request for the requested three (3) year extension. Commissioner Cleveland stated he would like to add recommendation I.b. continued regular fire department inspections. Community Development Director Carlberg stated all of the original conditions contained in the previous resolutions would still be in effect and Condition 9 of this resolution requires inspections by the fire department. Commissioner Peterson stated he would like to see language added that terminated the conditional use at the time the school moves into their new facility in Ramsey. He also stated since the Commission has been working on Interim Use Permit language the Commission could look at approving this request for one (1) year and then have this request renewed as an interim use. Commissioner Olsen stated the City does not currently have an interim use permit process and can only work under the guidelines of the conditional use permit. There have been noted problems with having sunset clauses in a conditional use permit but Andover has not experienced any to date. He recommended the Commission move forward with this request with the ordinances and process that the City currently has in place. Community Development Director Carlberg stated Item La. of the resolution does stated the conditional use permit would expire on August 31, 2015 or earlier, upon termination of the lease of the premises for which the conditional use permit is granted. Motion by Commissioner Cleveland, Seconded by Commissioner Olsen to Approve a Resolution R063 -09 Amending the Conditional Use Permit to Extend the Approval for Subordinate Classroom Structures to August 31, 2015 for the Legacy Christian Academy (Meadow Creek Christian School) on Property Located at 3037 Bunker Lake Boulevard Regular Andover Planning and Zoning Commission Meeting +� Minutes — July 10 2012 F Page 4 NW. Motion carried on a 5 -ayes, 0 -nays, 1- absent (Holthus) vote, 1- present (Daninger) vote. Community Development Director Carlberg stated this item would be presented to the City Council for approval at the July 17 Regular City Council Meeting. Co unity Development Director Carlberg provided an update regarding the a taken b the City Council including the denial for a variance to City Code 13 -3 -1 frequenc \platap plitting lots. He stated the retail market analysis by McComb Group was completstaff would be scheduling a public meeting with the business community, the City ' and the Planning Commission for a presentation of the retail market analysis. tat the deadline for Wal -Mart to complete its application and be on the August ing Co fission meeting agenda is July 24. Wal -Mart is working through some Whed Dis ' t issues as well as the transportation study. Revisions have been made to ansportatio tudy and these have been submitted to the County for review and the s waiting for c ents from the Anoka County Highway Department. The August eting will start a :01 p.m. due to the primaries. The Arbor Oaks Senior project red final plat appro from the City Council and they had made application for a cocial site plan. Staff is urrently reviewing this. He stated the Andov er Family est starts on Friday at 5: p.m. He stated the City had a public neighbo meeting regarding the he opter rides and there was no one in attendance. Commissioner Cleveland asked when the pro' ct on Hanson Boulevard would be completed. Community Development Director Carlberg stated e expected completion date for this project is July 13. ADJOURNMENT. Motion by Commissioner Cleveland, seconded by Commissioner' mundson, to adjourn the meeting at 7:28 p.m. Motion carried on a 6 -ayes, 0 -na 1- absent (Holthus) vote. Respectfully Submitted, Tina Borg, Recording Secretary Timesaver Off Site Secretarial, Inc. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 • WWW.AND N.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator / Finance Dire FROM: David D. Berkowitz, City Engineer/Director of Public Works SUBJECT: Discuss Stop Sign Removal/147`' Avenue NW & Guarani St. NW — Engineering DATE: July 17, 2012 n. INTRODUCTION The City Council is requested to discuss the removal of the existing stop signs at 147' Avenue NW & Guarani Street NW. DISCUSSION Public Works Department is in the process of completing sign updates within the City and as part of the City's street reconstruction projects. The intersection of 147th Avenue NW and Guarani Street NW is included in the 2012 Street Reconstruction project and construction is near completion. The intersection has an existing multi -way (4 Way) stop. The information that I could find showed that this was approved as a two way stop (one on each leg of Guarani Street NW at 147"' Avenue NW) but a 4 -way stop was installed. This multi -way stop does not meet the criteria identified in the MN Manuel on Uniform Traffic Control Devices in which the City follows by City Council resolution for proper standards and rules to be utilized for placement of such signs. Please refer to the attached section of the manual, section 2B.7 Multiway Stop Applications, for the placement criteria. Following the manual provides the City with consistency throughout the City on when and where signs are placed. Attached is October 20, 1992 City Council Meeting minutes/Item, resolution establishing rules and standards for sign installation, data that was collected, resident letter along with a map of who received the letter, MN MUTCD requirements, petition from residents to keep the multi -way stop, emails, Intersection Safety: Myth Versus Reality and the City of Richfield's Stop Sign Study. The unwarranted stop sign removal process was first reviewed with the Public Works Committee in February of 2009 and since then four multi -way stop locations have been removed. There are 8 intersections including this one that remain. Multi -way stops are evaluated when a sign update is being completed in a zone or when street reconstruction projects are being reconstructed. ACTION REQUIRED The City Council is requested to approve the removal of the existing stop signs at on 147th Avenue NW at Guarani Street NW. The stop signs on Guarani Street NW would remain in place. Respectfully submitted, David D. Berkowitz ✓ ✓ Attach: October 20, 1992 City Council Meeting min�s/Iter,, esolut'n No. 01 -03, Collected Data, Residen�etter,*14N MUTCD requirements, Petition,;Finails, Intersection Safety: Myth Versus Reality and the City of Richfield's Stop Sign Study✓ cc: Charlie & Meghan Rietschel (sent by email) Reine & Laura Kassulker (sent by email) Pamela Odash (sent by email) Regular Andover City Council Meeting Minutes - October 20, 1992 Page 8 (Approve Stop Signs /143rd and Xenia Street, Continued) r MOTION by Smith, Seconded by Jacobson, that we make the stop signs permanent and add the addition of the third stop sign on 143rd and Xenia with the understanding that when Eldorado Street is extended to CoRd 116, the intersection would go back to one stop sign. Don Legge; Vintage Street - stated he'was unaware of the neighborhood petition, but also expressed support for the stop signs because of the enormous increase in traffic through their neighborhood. Residents also asked about signing for the park. Mr. Haas stated he will put up the playground sign for the park shortly. Motion carried unanimously. NON - DISCUSSION ITEMS MOTION by Jacobson, Seconded by Smith, the City Council accept in the affirmative the Agenda Items Numbered: 13. Accept Resignation /Cable Commissioner (See Page 11) 19. Approve Joint Powers Agreement with Ham Lake /University Avenue ✓Z1. Approve Sto Signs/Guarani and 147th Avenue 22. Receive September Financial Statement & T%ira Quarter Report 23. Declare Cost (See Resolution R199 -92) /Waive Hearing (See Resolution-R200 -92) /Approve Assessment Roll (See Resolution R201 -92 /Hidden Creek East 4th Addition rr24. Order Feasibility Report /University Avenue /IP92 -25 (See Resolution 8202 -92) x25. Accept Easements /IP92 -8 /Pinewood Estates Trunk X26. Approve Plans and Specs /Woodland Creek 3rd /IP92 -20 (See Resolution R203 -92) x27. Approve Change Order /IP92 -17 to 92 -20 (Woodland Creek 3rd) (See Resolution R204 -92) Motion carried unanimously. KELSEY ESTATES DISCUSSION Mr. Schrantz stated the memo in the Council Agenda is of frustration with the developer of Kelsey Estates.. The fertilizer was not put down in the boulevards per specs, and now it is too late. The boulevards have not been mowed. There is a problem with the roads, and the Maintenance Bond for the streets expires on October 23. In the past, the City has not issued building permits when work has not been done. Jerry Windschitl, Developer - stated the boulevard is mowed, though there is nothing in any Andover specification that requires them to be mowed. He felt the plat has had two problems, one being the endless discussion dealing with the park. He stated the City did possess a memo which clearly laid everything out and could have saved a lot of time on the issue. The second issue deals with the roads. The City took away all CITY OF ANDOVER REQUEST FOR COUNCIL, ACTION DATE October 20'. 1992 AGENDA SECTION ORIGINATING DEPARTMENT APPROVPQOR N0. AGE DA Non - Discussion Item Engineering ITEM Approve stop signs/ N0. Guarani & 147th Ave. �i BY: Todd J. Haas BY The City Council is requested to approve stop signs at the intersection of 147th Avenue NW and Guarani Street NW. The City Engineer has reviewed the request and recommends approval. COUNCIL ACTION MOTION BY SECOND BY TO CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 01 -03 A RESOLUTIN ESTABLISHING RULES AND STANDARDS TO BE FOLLOWED IN REVIEWING REQUESTS FOR AND ORDERING INSTALLATION OF, TRAFFIC CONTROL DEVICES. WHEREAS, authority to order installation of traffic control devices. rests with the City Council, and; WHEREAS, the City Council wishes to delegate this authority to the City Engineer under certain circumstances, and: WHEREAS, The City Council wishes to establish standards and rules to be used in evaluating the need for traffic control devices, and: NOW, THEREFORE, BE IT RESOLVED the "Minnesota Manual on Uniform Traffic Control Devices" as adopted by the Minnesota Commissioner of Public Safety shall be adopted as the rule and standard to be used by the City in evaluating the need for traffic control devices, and BE IT FURTHER RESOLVED THE City Engineer shall be delegated the authority to review traffic control device needs and order their installation. Adopted by the City Council of the City of Andover this 7`h day of January , 2003. ATTEST: Victoria Volk — City Clerk CITY OF ANDOVER ✓�x� ✓��, Michael R. Gamache — Mayor Sao f la A%�j &s-I �4,,, 1 9,—lb 4- y iJ v < + a, M i U M� W .a ►..LJ r O O A N T f6 N CL Q= T � (0 p� L.L Q V) O t(7 w Z LLI > O O O N L Q NX rz T t Q Q C O N U TO N -&4 OD Q(n r`� C:3)(0 MW E u) 5 O V M Z U r N .- aQEv Eco mll CL 0) u 000LLLLCO� t (0'Z) % L'0 0- J 9L - OL O n (0'6) %0'0 J OL - 99 n (0'6) %0,0 0 99 -09 (0'9) %L'0 99 -09 (0'96) %b'0 09 - 9b • (0'866) %9'9 9b - Ob m * Wen) %Z EZ IV OV - 96 O (0 686) %Z Lb 9E - 0£ • (0'98L) %L' LZ OE - 9Z ■ ®(0766) %t79 9Z - OZ • (0'69) %6'L OZ -9L • (0'96) %b'0 96 -OL • (0'9) % L'0 OL -9 7 V O C I T Y O r MOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US June 28, 2012 Re: Removal of Existing Stop Signs /147th Avenue NW and Guarani Street NW Dear Owner /Occupant: Over the past few years the City of Andover has been updating traffic signs throughout the City. Nine zones (9) are identified throughout the City in which signs are being removed, replaced or relocated along with potentially new signs being placed. Zone 2 and 4 in which you preside is mostly complete except for the removal of unwarranted stop stops that are located at the intersection of 147th Avenue NW and Guarani Street NW. The reason for this letter is to notify you that the existing 4 -way stop at this intersection is being considered by the City to be removed. The stop signs for the north and south legs approaching 147tH Avenue NW will remain in- place. The City Council will consider this removal at the July 17th, 2012 regular scheduled meeting at the City Hall which starts at 7 pm. The Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) mandates local authorities to place and maintain traffic control devices, as they deem necessary to carry out the provisions of Chapter 169, local traffic ordinances, or to regulate, warn or guide traffic. Based on the engineering review of the guidelines in the MMUTCD, the existing all -way stop does not meet the guidelines as outlined. Stops signs are not a good use for speed control. Research suggests that at most locations, increasing the level of intersection control will not improve safety and also can provide a false sense of security as motorist's tend to roll through stops signs or in some cases not even stop. If you have any questions or concerns, please contact me at (763) 767 -5133 or by e -mail (d.berkowitz0andovermn.gov) by Wednesday, July 10, 2012 so that your information can be included with the City Council item for July 17tH Sincerely, David D. Berkowitz, PE Director of Public Works /City Engineer Cc: Mayor and City Council Jim Dickinson, City Administrator 'age 49 4325 CV 4 /E E! --- ---------- 31 14853 4290 0 AAA 4780 I N —7-49 1 HAVE O 0 0 14870 00 1482, N '/ t � �"` 14800 00 4110 4050 rn ll 5 m � , a- -47TH AVE 142T 4320 146113 146TH LN r. 435 ME S-- 411 14633 0 14629 146TH AV - 4252 14599 6 14587 o Q FL 014 14575 0 14571 '11+ 0 1 5 14563 14582 14550 14560 14567 !2 45T 14547 14545 W47 14535 145 14539 145T I N 114521 14524 14527 14533 4322 r 14511 ji 14512 2 CY 4121 U644 4296 14541 4 m 1 4 5 14 523 Al 145T 14489 4343 4373 4307 4275 14513 &161- 14477 4� < F1445 ga o 14464 '14467 14450 a,qe 61 144 14452 4447 ,q 61 Agap and Data Sourcas: CityofAndovar Engineering P Public Works I inch equals 350 feet lannIng GIs 1:4.200 rAy c(Andowr Hall Sect= 3ooka6Jress nuniftiz were mmp]IM Tram th.- A.101:a AOO 200 0 400 PO4 A Lotl. H1.GlSDATXC0RaMQJaCT-1.,1 410�1!L w 10- Feet c; V V OF HALF SECTION ADDRESS BOOK r"ge 55 Lo Z N AMP (n cf) Tw. I 1\1 —7-49 1 HAVE O 0 0 14870 00 1482, N '/ t � �"` 14800 00 4110 4050 rn ll 5 m � , a- -47TH AVE 142T 4320 146113 146TH LN r. 435 ME S-- 411 14633 0 14629 146TH AV - 4252 14599 6 14587 o Q FL 014 14575 0 14571 '11+ 0 1 5 14563 14582 14550 14560 14567 !2 45T 14547 14545 W47 14535 145 14539 145T I N 114521 14524 14527 14533 4322 r 14511 ji 14512 2 CY 4121 U644 4296 14541 4 m 1 4 5 14 523 Al 145T 14489 4343 4373 4307 4275 14513 &161- 14477 4� < F1445 ga o 14464 '14467 14450 a,qe 61 144 14452 4447 ,q 61 Agap and Data Sourcas: CityofAndovar Engineering P Public Works I inch equals 350 feet lannIng GIs 1:4.200 rAy c(Andowr Hall Sect= 3ooka6Jress nuniftiz were mmp]IM Tram th.- A.101:a AOO 200 0 400 PO4 A Lotl. H1.GlSDATXC0RaMQJaCT-1.,1 410�1!L w 10- Feet c; V V OF HALF SECTION ADDRESS BOOK r"ge 55 cf) —7-49 1 HAVE O 0 0 14870 00 1482, N '/ t � �"` 14800 00 4110 4050 rn ll 5 m � , a- -47TH AVE 142T 4320 146113 146TH LN r. 435 ME S-- 411 14633 0 14629 146TH AV - 4252 14599 6 14587 o Q FL 014 14575 0 14571 '11+ 0 1 5 14563 14582 14550 14560 14567 !2 45T 14547 14545 W47 14535 145 14539 145T I N 114521 14524 14527 14533 4322 r 14511 ji 14512 2 CY 4121 U644 4296 14541 4 m 1 4 5 14 523 Al 145T 14489 4343 4373 4307 4275 14513 &161- 14477 4� < F1445 ga o 14464 '14467 14450 a,qe 61 144 14452 4447 ,q 61 Agap and Data Sourcas: CityofAndovar Engineering P Public Works I inch equals 350 feet lannIng GIs 1:4.200 rAy c(Andowr Hall Sect= 3ooka6Jress nuniftiz were mmp]IM Tram th.- A.101:a AOO 200 0 400 PO4 A Lotl. H1.GlSDATXC0RaMQJaCT-1.,1 410�1!L w 10- Feet c; V V OF HALF SECTION ADDRESS BOOK r"ge 55 Agap and Data Sourcas: CityofAndovar Engineering P Public Works I inch equals 350 feet lannIng GIs 1:4.200 rAy c(Andowr Hall Sect= 3ooka6Jress nuniftiz were mmp]IM Tram th.- A.101:a AOO 200 0 400 PO4 A Lotl. H1.GlSDATXC0RaMQJaCT-1.,1 410�1!L w 10- Feet c; V V OF HALF SECTION ADDRESS BOOK r"ge 55 BUPPCIRT: The following are considerations that might influence the decision regarding the appropriate roadway upon which to install a YIELD or STOP sign where two roadways with relatively equal volumes and/or characteristics intersect: A. Controlling the direction that conflicts the most with established pedestrian crossing activity or school walking routes; B. Controlling the direction that has obscured vision, dips, or bumps that already require drivers to use lower operating speeds; and C. Controlling the direction that has the best sight distance from a controlled position to observe conflicting traffic. = Because the potential for conflicting commands could create driver confusion, YIELD or STOP signs shall not be used in conjunction with any traffic control signal operation, except in the following cases: A. A STOP sign, if the signal indication for an approach is a flashing red at all times; B. If a minor street or driveway is located within or adjacent to the area controlled by the traffic control signal, but does not require separate traffic signal control because an extremely low potential for conflict exists; or C. If a charmelized turn lane is separated from the adjacent travel lanes by an island and the ebannelized turn lane is not controlled by a traffic control signal. Except as provided in Section 2B.9, STOP signs and YIELD signs shall not be installed on different approaches to the same unsignalized intersection if those approaches conflict with or oppose each other. Portable or part -time STOP or YIELD signs shall not be used except for emergency and temporary traffic control zone purposes. A portable or part -time (folding) STOP sign that is manually placed into view and manually removed from view shall not be used during a power outage to control a signalized approach unless the maintaining agency establishes that the signal indication that will first be displayed to that approach upon restoration of power is a flashing red signal indication and that the portable STOP sign will be manually removed from view prior to stop -and- go operation of the traffic control signal. OPTION: A portable or part-time (folding) STOP sign that is elec- trically or mechanically operated such that it only displays the STOP message during a power outage and ceases to display the STOP message upon restoration of power may be used during a power outage to control a signalized approach. SUPPORTk Section 9B.3 contains provisions regarding the assignment of priority at a shared -use path/roadway inter- section. ,*.2B,5 STOP Sign (111 -1) and ALL WAY Plaque (Rl -3P) December, 2011 2B-8 STOP ALL WAY �M When it is determined that a full stop is always required on an approach to an intersection, a STOP (RI-1) sign shall be used. The STOP sign shall be an octagon with a wltite legend and border on a red background. At intersections where all approaches are controlled by STOP signs (see Section 2B.7), an ALL WAY supplemental plaque (Rl -3P) shall be mounted below each STOP sign. The ALL WAY plaque shall have a white legend and border on a red background. The ALL WAY plaque shall only be used if all intersec- tion approaches are controlled by STOP signs. Supplemental plaques with legends such as 2 -WAY, 3- WAY, 4 -WAY, or other numbers of ways shall not be used with STOP signs. soPPOxz: The use of the CROSS TRAFFIC DOES NOT STOP (W44P) plaque (and other plaques with variations of this word message) is described in Section 2C.59. GUIDANCLi Plaques with the appropriate alternative messages of TRAFFIC FROM LEFT (RIGHT) DOES NOT STOP (W4- 4aP) or ONCOMING TRAFFIC DOES NOT STOP (W4- 4bP) should be used at intersections where STOP signs control all but one approach to the intersection, unless the only non - stopped approach is from a one -way street. EXCEPT 2B.7 Multi -Way Stop Applications RIGHT TURN SUPPORT R1 -10P Multi -way stop control can be useful as a safety measure at intersections if certain traffic conditions exist. Safety OPTION: An EXCEPT RIGHT TURN (RI -10P) plaque may be mounted below the STOP sign if an engineering study determines that a special combination of geometry and traffic volumes is present that makes it possible for right - turning traffic on the approach to be permitted to enter the intersection without stopping. SUPPORT: The design and application of Stop Beacons are described in Section 4L.5. 213.6 STOP Sign Applications GUIDANCE: At intersections where a full stop is not necessary at all times, consideration should first be given to using less restrictive measures such as YIELD signs (see Sections 2B.8 and 2B.9). The use of STOP signs on the minor - street approaches should be considered if engineering judgment indicates that a stop is always required because of one or more of the following conditions: A.The vehicular traffic volumes on the through street or highway exceed 6,000 vehicles per day; B. A restricted view exists that requires road users to stop in order to adequately observe conflicting traffic on the through street or highway; and/or C. Crash records indicate that three or more crashes that are susceptible to correction by the installation of a STOP sign have been reported within a 12 -month period, or that five or more such crashes have been reported within a 2 -year period. Such crashes include right -angle collisions involving road users on the minor- street approach failing to yield the right -of -way to traffic on the through street or highway. SUPPORT: In many low volume situations with no unusual history of intersection crashes, no control at the intersections is a cost effective strategy. Research suggests that at most locations, increasing the level of intersection control will not improve safety (see FHWA -RD -81 -084 Stop, Yield and No Control at Intersections). The use of STOP signs at grade crossings is described in Sections 8BA and 8B.5. concerns associated with multi -way stops include pedestrians, bicyclists, and all road users expecting other road users to stop. Multi-way stop control is used where the volume of traffic on the intersecting roads is approximate y equal. The restrictions on the use of STOP signs described in Section 2B.4 also apply to multi -way stop applications. .GUIDANCE: The decision to install multi -way stop control should be based on an engineering study. The following criteria should be considered in the engineering study for a multi -way STOP sign installation: go A. Where traffic control signals are justified, the multi - way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. j o B. Five or more reported crashes in a 12 -month period that are susceptible to correction by a multi -way stop installation. Such crashes include right -turn and left- tuns collisions as well as right -angle collisions. C. Minimum volumes: �qU 1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles ep r hour for any 8 hours of an average day; and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units erhour for the same 8 del hours, with an average ay to minor- street vehicular traffic of at least 30 seconds per vehicle 3. If the 85th- percentile approach speed of the major - street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and 2. V;,�jo D. ut where ��'' Criteria B, C.1, and C.2 are all satisfied to 80 percent of the minimum values. Criterion C.3 is excluded from this condition. 213-9 December, 2011 Save Existing Stop Signs on 147"' Ave NW at Guarani Street NW Cause of Petition: The City Engineer of the City of Andover has put forward a motion to remove the existing stop signs at the bus stop on 147"' Ave at Guarani Street NW. We the undersigned people of Andover want to keep our stop signs, keep this bus stop safe for our children, and keep this intersection safe for all who use it. ,7 5�'I ' Generated by Iama Ka&mMx, 4320147% Ave MV, Andover �c IMAM M MI 4 � � I W "M F � prm �' /a, MA, A MEI A MH �' / r r iw i 114 © LLB / i /I /, . e�/ / � ►�.I 7 u/ ' '� �l �./�_ _� 1 w I M11 MIMA'A Generated by Iama Ka&mMx, 4320147% Ave MV, Andover �c IMAM Save Existing Stop Signs on 947u' Ave NW at Guarani Street NW Cause of Petition: The City Engineer of the City of Andover has put forward a motion to remove the existing stop signs at the bus stop on 147th Ave at Guarani Street NW. We the undersigned people of Andover want to keep our stop signs, keep this bus stop safe for our children, and keep this intersection safe for all who use it. - -7-5 -a— No. Name Address Signature 16 fY r 1 �NGJ Gi,C. , 1' q7I �8 ran ?,GW 19 i • w�� /i% j /"W 20 vi Y/ i7 � I �j 147'1,,Z %lll 21 - &1(,� P 22b ( / 24 5 2 ' �I N� 28 E 3° '�&- C --- ILI 1,9 3— 1 q (,±-1 iet N w Generated by Lz= Kassuaw, 432o wmAn NMAndover h Save Existing Stop Signs on 147"' Ave NW at Guarani Street NW Cause of Petition: The City Engineer of the City of Andover has put forward a motion to remove the existing stop signs at the bus stop on 147" Ave at Guarani Street NW. We the undersigned people of Andover want to keep our stop signs, keep this bus stop safe for our children, and keep this intersection safe for all who use it. No. iV a Address Sigma 31 �+ 5c� vl / 'l� NO Zl * � 32 Flu �H6 33 ! ��L/ YOL3 *4I4• L�f Al. ,n��G ` p 35 37 / , / n tqk IlV kj . 3$ in l� ��(� � ��U. 1 39 Z.0 - ; j E %t��vaFf i� ?f F���;✓�i1� i , +v. zJq'' 40 42 4V SCE C Iff rs 43 ! u 1 QL }�Lt�. i l t3 I G `�� ,( 0.►'i G % W v -i}4 j-QJ 44 fi' ] �y pyprMtj I (} �L(�' lcn� NW , • 4.. � . Ml, -1 7 1 � 1 7�V� �;�i`i:�ri,,li � ;��;1„'2.`, ia"�.G•(,� Generated by la= KassuA. , 4320147* Ave NW, Andover II Save Existing Stop Signs on 147th Ave NW at Guarani Street NW Cause of Petition: The City Engineer of the City of Andover has put forward a motion to remove the existing stop signs at the bus stop on 147th Ave at Guarani Street NW We the undersigned people of Andover want to keep our stop signs, keep this bus stop safe for our children, and keep this intersection safe for all who use it. ®C' MINOWW"'iMIA'41 w - Dave Berkowitz From: CHARLIE and MEGHAN RIETSCHEL [mcrietschel @msn.com] Sent: Monday, July 09, 2012 8:39 PM To: Mike Gamache; Sheri Bukkila; Mike Knight; Julie Trude; Dave Berkowitz Subject: Stop Signs at 147th Ave. NW & Guarani Street NW Dear Mayor, City Council, and Director of Public Works /City Engineer, My name is Charlie Rietschel, and I live in the Meadows of Round Lake Neighborhood, and I just learned the plan to take out two of the 4 stop signs at the intersection of 147th Ave. NW & Guarani Street NW. I would like to let the city council and everyone involved that this would not be in the best interest of the neighborhood if those stop signs are removed. I have lived in this neighborhood for five years, just two blocks from these stop signs, and I do believe that they do help control traffic speed coming into the neighborhood especially as there is a turn when 147th turns into Eldorado. I have on more then one occasion seen cars go around that turn after coming to a complete stop at those stop signs, and almost lose control of their car because of speed. I truly believe that if it was not for the stop signs at 147th MORE cars would have lost control at that intersection because they did not have to stop at a stop sign. The statement in the letter that says "Research suggests that at most location, increasing the level of intersection control will not improve safety ". This maybe true, but taking away these signs WILL decrease the safety! There are many family's in this neighborhood with young children that ride bikes and go for walks along this road, namely to get to Kelsey Round Lake Park. Cars do slow down and come to a stop at these stop signs. I for one have three small children, and we do ride our bikes through this intersection. The stop signs DO make a difference. I know I am not the only one who thinks this. I will be out of town the day of you convene on this matter, so I hope you take this letter into consideration even though I will not be able to attend. Thank you for your time, and considering my plea as well as others who share my same thoughts. Charlie Rietschel, Andover resident of the Meadows of Round Lake Dave Berkowitz From: Reine Kassulker [rkassulker @yahoo.com] Sent: Thursday, July 05, 2012 4:36 PM To: Dave Berkowitz Cc: Mike Gamache; Sheri Bukkila; Mike Knight; Julie Trude Subject: RE: Request for Information Regarding: July 17th Council Meeting / Removal of the Existing Stop Sign on 147th Ave NW Attachments: 01- Letter_to_neighbors.pdf; 02- MMUTCD_Recomendations.pdf; 03- Policy.pdf Dave, I have received your emails and I have reviewed the docs that you have sent (attached). However, I've only been able to find language and guidelines regarding the installation of NEW signs, where none exist I have not been able to find any policies, language, or state mandates regarding the REMOVAL of existing signs. In your attachment from the MMUTCD it states: "The decision to INSTALL multi -way stop control should be based on an engineering study ". We are not asking for the INSTALLATION of a multi -way stop. We already have. We want to make sure that it's not REMOVED. Andover Res. No. 01 -03 states: "Be it further resolved the City Engineer shall be delegated the authority to review traffic control device needs and ORDER THEIR INSTALLATION ". We are not asking for the INSTALLATION of a multi -way stop. We already have. We want to make sure that it's not REMOVED. It appears that you may be interpreting the word INSTALL (which is in the MMUTCD and in the Andover Resolution) to have the same meaning as the word REMOVE (which is not in the MMUTCD or in the Andover Resolution). I think that most people would agree (especially the lawyers) that these words have very different meanings. I'm really not sure why we're even having this conversation? Removing these stop signs won't make this intersection / bus stop any safer for our children. We can also make a strong case that removing these stop signs would make the intersection / school bus stop significantly more dangerous for our children, even life threatening. I may be willing to meet prior to July 17th, but I will not be available until July 11th. Given that we seem to disagree on the meaning of the words INSTALL and REMOVE, I'm not sure how productive our meeting would be. Thanks. Reine Kassulker - -- On Thu, 7/5/12, Dave Berkowitz <D.Berkowitz@andovermn.gov> wrote: From: Dave Berkowitz <D.Berkowitz @andovermn.gov> Subject: RE: Request for Information Regarding: July 17th Council Meeting / Removal of the Existing Stop Sign on 147th Ave NW To: "Refine Kassulker" <rkassulker @yahoo.com> Cc: "City Council" <CityCouncil @andovermn.gov> Date: Thursday, July 5, 2012, 2:18 PM Reine, 147°i Ave. is a Local Street. The speed limit will remain 35 MPH which is allowed by State Statue. The process for sign placement is based on the resolution and the MN MUTCD that I provided in the previous email along with past practice. No other policy for signs exists. Please let me know when you can meet to discuss in detail. Thank You David D. Berkowitz, P.E. Director of Public Works /City Engineer City of Andover 763 - 767 -5133 From: Reine Kassulker [mailto:rkassulker @yahoo.com] Sent: Thursday, July 05, 2012 2:08 PM To: Dave Berkowitz Cc: City Council; James Dickinson Subject: RE: Request for Information Regarding: July 17th Council Meeting / Removal of the Existing Stop Sign on 147th Ave NW Thanks Dave. Can you tell me if 147th Ave is considered an arterial roadway? Will the speed limit remain 35MPH after construction has been completed or will it go up? I still haven't seen the city's written policy and procedures on stop sign removal. Does such a document exist? Reine Kassulker 147th Ave NW - -- On Tue, 7/3/12, Dave Berkowitz <D.Berkowitzr&,,andoverm&gov> wrote: From: Dave Berkowitz <D.Berkowitzgandovermn.gov> Subject: RE: Request for Information Regarding: July 17th Council Meeting / Removal of the Existing Stop Sign on 147th Ave NW To: "Refine Kassulker" <rkassulkerna yahoo.com> Cc: "City Council" <CityCouncil(a,andovermn.gov >, "James Dickinson" <J.Dickinson(cDandovermn.gov> Date: Tuesday, July 3, 2012, 2:42 PM Reine, Attached is the information that was used in the multi -way stop analysis. Also attached is the letter was set to the residents and a map attached that shows who the letter was set to. The City Council approved a resolution in 2003 to follow the MN Manual of Uniform Traffic Control Devices ( MUTCD) for sign installations and as staff evaluates sign warrants new signs are placed, moved or removed based on the criteria within the manual. Also attached is a copy of the Council Resolution adopting the MN MUTCD as the rules to be used in evaluating the need for traffic control devices. Once you have had a chance to review the information call me and we can discuss or come in to the City Hall and we can meet. I will be in the office Thursday and Friday and out of the office on Monday, July 9'h Thank You David D. Berkowitz, P.E. Director of Public Works /City Engineer City of Andover 763 - 767 -5133 From: Reine Kassulker lmailto:rkassulkerna vahoo.com] Sent: Sunday, July 01, 2012 1:15 PM To: Dave Berkowitz Cc: Mike Gamache; City Council; James Dickinson Subject: Request for Information Regarding: July 17th Council Meeting / Removal of the Existing Stop Sign on 147th Ave NW Mr Berkowitz, Thank you for the letter dated June 28, 2012; regarding the July 17th Council Meeting and the removal of the existing stop sign on 147th Ave NW. As concerned voters and frightened parents, many in our neighborhood still have several questions regarding the removal of the stop sign on 147th Ave and Guarani (my children's bus stop). This decision WILL have a direct impact on our quality of life and more importantly the safety of our children. This topic is something that we do not wish to debate via email. However, we do have a few questions that can be quickly addressed via email as we all prepare for the July 17th meeting. Will residents have an opportunity to speak at the July 171h meeting? We would like to present our questions and concerns directly to our elected officials before they make a final decision on such an important matter. 2. We would like the list of residents to whom you sent the stop sign removal notice on June 28h- 3. We would like to review the data analysis that was used to determine that the existing All -Way Stop at the corner of 1471h and Guarani does not meet the guidelines as outlined in MMUTCD Chapter 169. 4. We would like copies of any written policies that the City of Andover has regarding requests for the installation or removal of stop signs. 5. We would like to know how we can formally submit, and have the Council formally receive / recognize a petition on this matter (should we chose to generate one)? Due to the 4th of July Holiday we do not have a lot of time before the July 10th deadline. We would greatly appreciate your quick response on this matter. Thanks. Reine and Laura Kassulker 147`h Ave NW, Andover, MN 55304 Reine Cell: 612- 709 -6403 Laura Cell: 612- 710 -1961 Rhonda Anderson From: Dave Berkowitz Sent: Friday, July 13, 2012 7:17 AM To: Rhonda Anderson Subject: Fwd: Removal of existing stop signs at 147th Ave NW and Guarani St NW Sent from my HTC smartphone on the Now Network from Sprint! - - - -- Forwarded message - - - -- From: "pjodashgq.com" <pjodashgq.com> To: "Dave Berkowitz" <D.Berkowitzna,andovermn.gov> Cc: "Mike Gamache" <CM.Gamachen,andovermn.gov >, "Julie Trude" <cm.trudegandovermn.gov >, "Sheri Bukkila" <cm.bukkilagandovermn.gov >, "Tony Howard" <cm.howard9andovermn.gov >, "me knight" <mc.knigl, itna,andovermn.gov> Subject: Removal of existing stop signs at 147th Ave NW and Guarani St NW Date: Thu, Jul 12, 2012 9:32 pm Dear Mr. Berkowitz, I understand this is 2 days late but hope you will still include my thoughts in your presentation to the City Council next week. I saw the so called monitoring that was done at this intersection to make the interpretation of whether or not it met the guidelines to keep the signs. What surprised me was the length, or more the LACK of length of the monitoring. How can you possibly make a decision to pull the stop signs based on a monitoring time of less than a full day? This road is used seven days a week. I truly believe had you left the monitoring in place for the full week you would have more accurate data. Since 147th Ave NW is used not only by my small neighborhood but all the homes between Guarani St and Round Lake Blvd, I would like to see the intersection remain a 4 -way stop. I disagree that a stop sign on 147th east/west will not help with speed control. Having previously lived at three different homes that were on long streets without signs and there was always an issue of speeding. Having the sign at this intersection reminds drivers that they are now in a residental neighborhood and having a speed limit sign east and west of the stop signs would be seen as the drivers aren't flying by. Please reconsider the removal of the signs for the continued safety of our neighbors. Sincerely, Pamela Odash 14597 Guarani St NW Andover, MN 55304 Mvth vs Realit Intersection Safety: Myth Versus Reality Traffic engineering decisions about intersection safety are often the product of factors and relation- ships that are more complex than the casual observer may realize. In many cases, evaluating potential solutions to crash or violation problems may reveal aspects of intersection safety and effi- ciency that are in conflict with one another. In reality, traffic engineers must always consider a balance between managing safety and improving intersec- tion operations before making their final choice for intersection control. Additional traffic safety measures are sometimes necessary to offset increased traffic and speeding through neighborhood streets. One way of improv- ing waiting times at an intersection with a new sig- nal is to make sure the minor street waiting times are less than they were before installation of the signal. This improvement will encourage motorists to use signals on main roads instead of neighborhood streets. Over the years, a number of misconceptions about traffic - control solutions have become apparent. This briefing sheet attempts to shed some light on the rationale for why certain traffic- control decisions are appropriate and required. The driving public has developed a number of mis- conceptions about traffic control solutions over the years. This brief attempts to expose some of those myths and shed light on the rationale behind certain traffic control decisions. Myth 1: Installing signals always makes intersections safer. Reality: The installation of unwarranted signals, or signals that operate improperly, can create situations where overall intersection congestion is increased, which in turn can create aggressive driving behavior. When more complex signal phasing causes longer waiting times at intersections, both drivers and pedestrians tend to become impatient and violate red lights, or drivers are tempted to cut through neighborhood streets. This subjects local residents to a greater risk of collisions, worse congestion and more air and noise pollution. Clearly traffic diversion to side streets is an undesir- able side effect of long cycle lengths and conges- tion. This diverted traffic may increase risk on the side streets, but the cause of this increased safety risk should not be attributed to the new signal. AOW.CA [s .j USOepmYnerf atT,mfpalaicn "-*T REF FeE IHVn, - yMmMfiaNm Klh Wti5 a6felnstttuteaf TmnsportaOm Englneem On occasion, other traffic con- trol options, such as stop control or the introduction of round- abouts can perform as well as, or even better than, signals in managing both vehicle and pedestrian traffic safety at inter- sections. This is particularly true when signals are inappropriately placed at locations where traffic volume is relatively low. Intersections with signals that have very low traffic volumes tend to tempt drivers and pedestrians to violate that red light. Myth 2: Having a stop sign is always better than no stop sign, OR, more stop signs are always safer than fewer stop signs. Reality: Unwarranted stop signs create problems at both the intersection and along the roadway by: • Encoura in motorists to drive faster between intersections in order to save time. Placing stop siqns on every low- volume local street oro- motes speeding between the stoD signs as avers try too set the delays caused by stop ping at every intersection; • Encouraginq violation of traffic laws. As the number of sto s ns increase so that pearl every intersection as one. the rate of stop sign violations tends to increase; • Encouraging the use of alternate routes. Placing too many stop signs in some areas ;;Intersection Safety is a National Priority often causes traffic to use other neighborhood routes to avoid a sequence of intersections that may be controlled by stop signs; and There is no evidence to indicate that 1211.212111 decrease the overall speed of traffic. Impatient drivers view a additional delay caused by unwar- rantee -stop signs as "lost dme" to-6e made up 6y driving a ig er spee s between stop signs. Unwarranted stop signs breed contempt in motorists who tend to ignore them or only slow down without stopping. This can sometimes lead to tragic conse- quences. Sto si ns should never be installed as a routine, cure -all approach to curtai speeding, prevent colli- sions at intersections, or discoura a traffic from entering a neighborhood. Stop signs should be installed omq—arter an engineering study determines that there is a need. Stop signs are not a solution to intersection safety problems caused by poor sight distances and deficient road design. Myth 3: Installing stop signs on all approaches (four -way stop) to an intersection will always result in fewer accidents. Reality: Four -way stop signs do not necessarily improve pedestrian or vehicle safety. In fact pedestrians in stoEsign-congested neighborhoods often have a false sense of security about crossing local streets M v l I I vs Reality (continued) with four -way stop signs. The application of traffic control devices, to the casua o server, often cre- are can create of Placing four -way stop signs on roads of very unequal design, speed and traffic volume will tend to promote stop -sign violations by drivers, especially on main roads. Driver expectancies are violated in situations like this and when this occurs, improper actions result which can increase safety risk at inter- sections. Placing four -way stop signs at every intersection where there were formerly only two -way stop signs also usually increases congestion. Four -way stop signs should only be considered after an engineer- ing study and a capacity analysis are performed. Generally, every State requires the installation of Vaffic control devices, Including o eet State standards orffie department of transporta- tion.— The State standards are based on the Manual on Uniform Traffic Control Devices (MUTCQ). The MUTCD is the national Stan and for traffic control devices. It prescribes standards for the design, location, use and operation of traffic control devices. The MUTCD is located at the following Web site: http: / /mutcd.fhwa.dot.gov. Myth 4: Signals are always better than stop signs. Reality: Installing stop signs instead of signals when there is no intersection traffic control, increasing the size or visibility of existing stop signs, or placing them in a better location often increases both vehicle and pedestrian safety without the initial expense and later maintenance costs of signals. While waiting for signals to qualify for installation, the substantial amount of money saved can be used to make roads safer. Intersection Safety is a National Priority Stop Sign Study Page 1 of 4 Departments Officials Commissions Documents Codes Permitslinspections Ch. 1611nternet Resident Guide Home > Public Works > Projects > Stop Sign Study 2009 -2010 Stormwater Videos Stop Sign Study A Drop In The Bucket ow Stop Sign Study - 2008 -2010 Good water Gone Bad Stonmwatch PUBLIC WORKS The City Council recently adopted a new residential stop sign policy. The new Construction sites policy is below: "Proudly Serving Richfield Forestry is Richfield" Click here to view map associated with these Adopted on January 10, 2008 professional forestry Public Works organizations: About CITY OF RICHFIELD City Garage International Society of _Forestry NEW RESIDENTIAL STOP SIGN POLICY Arboriculture 1.71 Maps Permits FOR TWO -WAY STOP SIGNS Minnesota Society of Projects Arboriculture Streets Purpose: The purpose of the residential stop sign policy is to provide fair and Arbor Day Stormwater uniform treatment of stop signs in residential areas by the Richfield Traffic Foundation 0 Water Utility Control Committee. This policy differs from the current policy in that it is Report a Problem proactive and provides for safer transportation within the City by assigning right Minnesota Shade Tree Advocate Who to Call of way t all residential intersections Consultant Pool y University of Minnesota - Transportation Commission Forestry 1. Two -way stop signs will be installed on all residential streets in such a way as to create sub- collector[1] streets. The new policy may take several years to Emerald Ash Borer Information implement. Studies in Richfield and elsewhere have shown that: Minnesota DNR- Forestry Stop- controlled residential intersections have reduced crash rates. MNTREES.ORG Existing sub - collectors have substantially lower crash rates while maintaining us Forest Service comparable speeds. Minnesota Department of • Sub - collectors avoid the added noise and air pollution associated with basket Agriculture weave stop signs. Trees Are Good • Stop signs do not control speeding beyond 200 feet of the stop sign. 2. Uncontrolled intersections will be converted to two -way stop control on a neighborhood by neighborhood basis. 3. The placement of stop signs will create sub - collector streets by controlling traffic on all the cross streets. In most cases, east -west streets will not have stop ; signs while north -south streets will be controlled by two -way stop signs. This arrangement will discourage drivers from using the local residential roadways, oN STAFF where the majority of houses front, as through streets. 4. The Engineering staff will prepare a stop sign plan for each neighborhood. The plan will be submitted to the neighborhood for review and comment before sign installation begins. Modifications to the sub - collector pattern may be made to accommodate bike routes, school bus routes and other relevant factors. 5. The Transportation Commission will review all staff requests for stop sign removal and make recommendations to the City Council. As in the previous policy, the City Council will remain responsible for the removal of stop signs. 6. The previous stop sign policy will remain in effect for a neighborhood until it is converted to the new policy. Neighborhoods will be considered for stop signs based on boundaries shown on the attached map. http:// www. cityofrichfield. oriz/PublicWorks /stopsignstudy.htm 7/10/2012 Stop Sign Study 7. The area north of the Best Buy Campus will remain in a Basket Weave stop sign pattern. This neighborhood is bounded by 76th Street, Penn Avenue, 66th Street and 35W. [1] Sub - collector? the sub - collector classification of roadway is designated to distribute traffic from the minor arterials and collector streets to the local residential roadways where the majority of houses face. Conversely, sub - collectors connect the smaller access streets and residences to the higher volume streets while discouraging traffic from traveling long distances on the local residential roadways. Stop Signs Control of Speed and Safety Each year, the City receives many inquiries about installing stop signs as a way to reduce speeding or improve safety. However research shows that other measures are often more effective in addressing the issues of speed and safes ai[[ addinq stoo s[ ns. F eu se o stsigns is to assi 0 n ri ht-o -wa at an intersection, no o contro s gee m so sop signs o no necessan y improve ssa e y at an intersection. Frequently, residents think stop signs at an intersection are needed herai ice nn accident has occurred there recently. It is important to keep in mind that accidents are ran om events. Man collisions are the result of driver error and are not the fault ot poor clesiqn or insufficient traffic control. The City does review accident records periodically to determine if patterns of multiple collisions occur at particular locations. When several collisions occur at the same location, engineering studies are performed to determine the need for possible corrective action. Removal of sight obstructions and other measures are considered as well as the possibility of additional stop signs. Public landing the function of stop si ns is one of the most critical e em en s in re ucin see in an tra c aca ents. e o owing information explains Ri ie d s policies on intersection trathc control and the correct use of stop signs. Philosophy of Traffic Control Effective traffic control is achieved by exercising the least intrusive control to achieve safe traffic flow. When excessive control or unnecessary control is used motorists feel im osed u on an a uentl will i Wore t e Va c control device. his can lead to severe consequences involving collisions and possibly persona injury Installation Policies The Federal "Uniform Traffic Control Devices Manual" dictates the size, shape and color of all traffic signs. This manual has guidelines for installing signs and thus creates uniformity from state to state. The State of Minnesota has a similar "Traffic Manual' which is in compliance with the Federal Manual. The City is required by State law to comply with the guidelines of the State Traffic Manual. In addition, the City has adopted policies for the installation of two -way stop signs in residential areas. These policies identify specific traffic volumes, accident history, and any unusual conditions that must be present at the intersection before these traffic control devices may be installed. Our experience has shown that simply improving the intersection visibility by prohibiting parking or removing vegetation near the intersection is often more effective in reducing traffic accidents than installing stop signs. This often reduces the need to install more restrictive intersection controls. Overuse of stop signs reduces their effectiveness. If installed where not justified, they are largely ignored with many drivers not making complete stops. Two -Way Stop Signs Two -way stop signs are installed at an intersection only after a careful engineering evaluation of the existing conditions indicates that their installation is appropriate. Good neighborhood traffic control produces smooth trips for the motorist and avoids the "stop and go" effect of excessive stop signs. Experience shows that motorists have a tendency to speed up between stop signs. This is contrary to the wishes of residents who want motorists to slow down while traveling on residential streets. Two -way stop signs at an intersection may only cost $100 to install but they can add about $4,600 in additional operating costs per year for motorists (assuming http://www.cityofiichfield.org/PublicWorks/stopsignstudy.htm Page 2 of 4 7/10/2012 Stop Sign Study 500 cars are forced to stop at the intersection each day). Other costs of unjustified stop signs are: Increased air pollution when cars are idling at a stop sign; Increased noise from braking and accelerating; and, Increased wear and tear on cars forced to slow down, stop and then accelerate through stop signs. Our review of stop sign requests includes an examination of: The provisions of the Manual of Uniform Traffic Control Devices shall be followed. The City's Traffic Control Committee should look at relevant speed, accident records and sight obstructions when considering a stop sign at a particular location. If in the opinion of the Traffic Control Committee the presence of a sight obstruction is contributing to accidents at the intersection, staff should seek to remove the obstruction before considering a stop sign. If an intersection experiences five (5) or more right angle accidents in a five(5) - year period, stop signs should be considered. If fifteen (15) percent of the cars are more than five (5) M.P.H. over the speed limit, then stop signs should be considered. If traffic volumes on one of the streets exceed 1,000 vehicles per day, stop signs may be considered. Absent engineering data that clearly indicates the need for a stop sign, a residential intersection should be left uncontrolled. Removal of stop signs must be approved by the City Council Four -Way or Multi -Way Stop Signs The standards for four -way or multi-way stop signs are even more restrictive than for two -way stop signs. If an intersection experiences five (5) or more right angle accidents in a one (1) - year period that are correctable by multi -way stop signs. If total vehicle volumes entering the intersection from all approaches average 500 vehicles per hour for any eight hours of an average day. If the combined vehicular and pedestrian volume from the minor street averages at least 200 units per hour for the same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour. When the 85th - percentile approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volumes can be reduced to 70 percent of the above requirements. Rarel do residential areas have the traffic volumes or accident history to warrant ur -way stop signs. Uncontrolled Intersections An uncontrolled intersection is the most common form of traffic control for residential intersections in the City. Motorists need to approach the intersection cautiously, look both ways and yield to the vehicle on the right. This is the legal way to enter an uncontrolled intersection. Citizen Concern The City takes its role in solving traffic problems very seriously, yet the ultimate burden of safety rests with you, the motorist in Richfield. Since we receive over 100 citizen requests per year, we cannot always investigate them as quickly as we would like. However, we will respond after carefully evaluating your request. If action is taken, it can usually take one or two months. We appreciate your patience and understanding. http://www.cityofrichfield.or,a/PublicWorks/stopsignstudy.htm Page 3 of 4 7/10/2012 WAS C I T Y O F ,ND OVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Schedule August EDA meeting July 17, 2012 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the July 3, 2012 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Approve Meeting Minutes 2. Retail Market Analysis Discussion 3. Parkside at Andover Station Update 4. Trident Development (Arbor Oaks) Update 5. Redevelopment Discussion 6. 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 REQUIRED Schedule an EDA meeting at 6:00 pm before the August 8, 2012 (Wednesday) City Council meeting. i C I T Y 0 F ..L,�. 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 August Council Workshop DATE: July 17, 2012 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of August for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general August workshop have been identified as follows: 1. Community Bus Tour of Projects 2. Review City Utilities Projects 3. 2013 Budget Development Discussion 4. 2013 -2017 CIP Development Discussion 5. 2012 General Fund Budget Progress Report 6. City Investments Review 7. Other Topics — dependent on July & August activities Other items may be added upon Council request or operational need. ACTION REQUIRED Schedule an August Council workshop for August 28`h at 6:00 pm or another date and time acceptable to the Council. tted, AC I I T Y 0 F 1q* NDOVE A a 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report July 17, 2012 The City Administrator and Department Heads will provide 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/CIP Projects - Trident Development/Arbor Oaks - Wal -Mart proposal - Parkside at Andover Station - Platting activity 3. Meeting reminders 4. Fun Fest recap 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. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for July 17, 2012 City Council Meeting DATE: July 17, 2012 The City Council is requested to receive the following supplemental information. Add -On Item. Night to Unite 2012 Proclamation Consent Items Item #2. Approve Payment of Claims (Supplemental) - Finance Item #6. Award Quote /12- 3/2012 Crack Sealing (Supplemental) - Engineering Discussion Items Item #9. Anoka County Sheriff's Office Monthly Report (Supplemental) - Sheriff n C I T Y • ^ r� 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Night to Unite 2012 Proclamation WHEREAS, the Minnesota Crime Prevention Association, along with AAA of Minnesota /Iowa, and local law enforcement agencies are sponsoring a statewide program called Night to Unite on August 7, 2012; and WHEREAS, Night to Unite is designed to get to know one another in your neighborhood, build neighborhood involvement by bringing police and communities together; and to bring an awareness to crime prevention and local law enforcement efforts; and WHEREAS, Night to Unite supports the idea that crime prevention is an inexpensive, effective tool in strengthening police and community partnerships; and WHEREAS, Night to Unite provides opportunities to celebrate the ongoing work of law enforcement and neighborhoods in the City of Andover by working together to fight crime and victimization and increase public safety for all citizens; and WHEREAS, the citizens of the City of Andover play an important role in assisting the Anoka County Sheriff's Office through joint crime, drug and violence prevention efforts; NOW, THEREFORE, I the City of Andover do hereby call upon all citizens in the City of Andover to participate in Night to Unite on August 7, 2012. FURTHER, LET IT BE RESOLVED THAT I Mayor Mike Gamache do hereby proclaim Tuesday, August 7, 2012, Night to Unite in the City of Andover Proclaimed this 17th day of July, 2012. Mayor Mike Gamache 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 / Finance Directo FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims - Supplemental DATE: July 17, 2012 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $22,384.84 on disbursement edit list #6 dated 07/17/12 will be issued and released upon approval. BUDGET IMPACT The edit list consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $22,384.84. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attaclunents: Edit List 4- �l M-i O O � a ^^Ct� U v �U +-J 4-+ o U U <C U 00 N co N 0 N N �0 b N � a V V V W cu J, t, cu ,G z V V IM V CC A �V G ee a a 0 �i O i. V d I O z V .O O z b G W U d �o U m G �O �o �o x� � O U Vl N_ O N m 0 0000 00 00 -44 00 00 M M N N N N x .a a� x G G W bbZ ¢ .+ y 0 U� eo,x U U �WU O x 0 'T' N 'r 00 00 M N N U G N GU cL 4, U O U y zi H H au 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: FROM: SUBJECT: DATE: Jim Dickinson, City Administrator David D. Berkowitz, Director of Pi Jason J. Law, Assistant City Engineer Engineer T4B Award Quote /12- 03/2012 Crack Sealing (Supplemental) - Engineering July 17, 2012 INTRODUCTION The City Council is requested to receive quotes and award the contract for Project 12 -03, 2012 Crack Sealing. DISCUSSION The street crack seal program is an effective street maintenance technique utilized to protect and prolong the life of the City's street infrastructure. Several recently reconstructed areas will be crack sealed this year. The 2012 Crack Seal areas are shown on the attached maps. The three lowest quotes received are as follows: Contractor Bid Amount American Pavement Solutions, Inc. $46,308.00 Allied Blacktop Co. $49,449.00 Astech Corp. $52,996.00 Engineer's Estimate $48.890.00 BUDGET IMPACT The 2012 Crack Sealing project has been identified in the City's Capital Improvement Plan. The funding for this work will be from the Road & Bridge Fund and the Construction Seal Coat Fund. ACTION REQUIRED The City Council is requested to award the contract to American Pavement Solutions, Inc. in the amount of $ 46,308.00 for Project 12 -03, 2012 Crack Sealing. ectfully su fitted, Jason J. Law Attachments: Location Maps & Quote Tabulation ANb 6 A c, ,: 2 012 Crack Seal Grow Oak View Estates 17337 173RD AV:- 17185 17125 L E G E N D Project Location Lots /Parcels En Park Water t Right of Way City Limits 17365 17325 17315 17165 17 N W E S 0 170 340 680 Feet 1 0174 16932 1 16927 ANL6 6 i 0 ttk 2012 Crack Seal Woodland - ?.d 2601 1 17773 1 2451 1 2421 2436 Z _ 17506 �} 17750 177511 750177/ri{ LII JJ 2181 /Z 17595 7 1 570 s� Q� y 17567 2585 2535 2362 2550 2520 2450 2420 2350 2300 2250 2135 17496 2301 2281 2162 2538 2447 2205 1747"H 17739 2089 2023 2596 172 N AV= 2159 tiP1S' 139 1745 15 �000 �� 511 Q 17174 7428 7428 >Y 2306 WpODLA i 2106 0 257511 2430 17700 2367 2315 2265 2207 2155 2105 17679 Z 7130 17391 2474 176TH LF 2233 Q 17133 2110 2557 2525 17371 2618 2562 2514 17330 (L 2220 17321 17271 2301 170TH LN 2368 C/) 2316 17629 2204 17634 17641 2455 17564 VERDINACRES 2360 176TH AV= 2156 M U) N 17 M 2367 2319 = 17577 2211 LU 17623 6040 +1 1112654 8 2538 2518 2436 Z _ 17506 �} F- 17533 2258 2200 2181 /Z 17595 7 1 570 s� Q� y 17567 2585 2535 2362 174TH U 1 2491 17488 Right of Way { City Limits 17280 17496 2301 2281 2162 2538 2447 2205 1747"H Cllr 2089 2023 2596 172 N AV= 2159 tiP1S' 139 1745 2140 �000 �� 511 Q 17174 7428 7428 >Y 2306 WpODLA i 2106 0 257511 2430 uJ 268 M�pDOWS 2066 2022 17231 Z 7130 17391 2474 J 2233 Q 17133 2110 2070 7340 17371 2618 2562 2514 17330 (L 2220 17321 17271 +1 1112654 8 L 17280 17281 2250 17338 17261 F LJ 17280 17280 17281 2250 2 17338 Right of Way { City Limits 17280 17270 ! 17251 17230 17231 2251 2205 17230 C 172 N AV= 2159 �U 139 17240 17241 17174 7170 LLJ 17171 2250 ru) ; ootlland i. 2184 da Z J.. 2138 17230 17231 17138 7130 17131 7132 ': ? " Q 17133 2110 2070 16950 2349 2301 170TH LN 2077 17041 2360 2314 17044 2194 2128 N L E G E N D Qq Project Location Lots /Parcels LJ Park Water t Right of Way { City Limits W E s 0 250 500 1,000 Feet 20F4 0 w �m Project Location 575 1591' I 383 15983 Water 15549554 Right of Way 155 155 4 U 4 ,5 34 Y 15929159 15535 q V 637 0% 1552 155 4 d 155 91 1591 0- 15527 : '" 15922 Q 3 770 MILLER'S WOODS 15505 524 876 15883 7L_ 610 6 7 8 574 15451 1 X 652 15425 15880 N15380 U) 15357 W 15333 15300 5 15827 1 8 4 J 15833 531 15818 15762 MiLLEas wooOSZND 577 OAK HOLLOW 375 275 227 125 75 15830 5 331 183 1 6 6 4 3 15783 15745 546 496 Q 15726 773 719 677 629 15733 130 1 57TH AV= 553 461 227 8 752 524 , 1567t LLJ > - -� 442 234 15620 Z 561 15633 722 .15651 264 ` 3 654 648624 156 4 Q 15615 15553 156 56225 2'- 5 0 :562 443 412 1156TH AV; 15608 w E G E N D Project Location 1 1156112 Lots /Parcels 5 02 Water 15549554 Right of Way 155 155 4 U 4 ,5 34 Y F4E 15535 637 0% 1552 155 4 d 155 4 g NORDEEN,AC 0- 15527 : '" 15540 15505 1 7L_ 610 6 55 3 1 849 15451 652 15425 N15380 15357 15333 15300 L E G E N D Project Location Lots /Parcels Park Water Right of Way City Limits i51 264 15570 15524 550 55 551 15452 1 3 163 15486 15380 125 �5 7 15360 S�J, 97 oGatyP� 1537 yq �/ �P 95375 144 296 715327 15348 �GazF 42 N W E S 0 350 700 1,400 Feet 30F4 3641 1361 0 4027 L E G E N D 4015 a 1401 �N�, 13 13961 Lots /Parcels << 14023 14012 4009 37 3 1 0 61401 401 a 140TH AV = 1 003 14043 0 " 14042 U) 14003 r 1 999 t ' 372 23 13993 1 989 D 3696 '17 1 13979 C W ♦— 13977 729 37 33 91 14027140263 9 (n 139TH Li 3667 3649 13967 3 18 7063692 65 13961 140 666 3640 W 1397 3693 13857 13852 W 14001 3466 3452 70 13845 13844 369 372 LL 13835 13836 70 _I 71 368 U 827138TH Li 139TH L Q W 0 0 13819 Z Z 13803 13808 504349 46 343 13747 13758 1380313802 8 13786 3 17 50 13785 13737 13752 39TH AV 13770 NORTHGLEN 13727 13748 13756 - "890 13742 371s= LOCAL 1 OILADI 13887 WI 3450 13875 W 3257 3633 R... , % 13714 1- 3451 L E G E N D tl-l- Project Location �N�, 13 13961 Lots /Parcels << Park Water Right of Way (� City Limits 2012 Crack Seal Northglen 14065 , ;13983 13967 tl-l- 503 491 �N�, 13 13961 140TH Li' 13733 14041 14058" - 1405914056 14044 (` 14043 0 " 14042 U) 140 U671, 13892 m W 114018 13878 14027140263 9 (n ^^ .J 40 13864 140 14013 W 1397 1401 U W 14001 3466 3452 13987 13971 48 34 53 63 � 139TH L Q 0 139118 Z 345 504349 46 343 3516 476 13973 3 17 50 e4 352 39TH AV NORTHGLEN 1 "890 U) 13857 1 884 13887 WI 3450 13875 W 1 J 1- 3451 13861 13823 1 1 858 : 85 07 384 1 42 85 38 1385 38 6 13 4 A 13 3489 2 13735 G 3445 Ilquof ose Par 0 200 400 800 Feet 4OF4 439 i , ;13983 13967 IJyin U 00 1 �N�, 13 13961 13781 13951 13733 13937 3360: CY 1392113920 43 1390913906 436 3420 U671, 13892 3366 13878 ^^ .J 40 13864 365 LNG Lev' -' 3 003 88 H A� 275 3313139TH Lf 83312 3274 31 2 D V - 273 i H712 N95 13833 13838 36 335 333308�i294) ,3270 13824 WOODLAND 13810 36 33 307 29 269 13794 13782 3354 3336 3318 3300 3 13736 ��� C9,] 3 fl 13821 13807 13795 13781 13769 13733 ICE RD SiK k� r �. ac Seal - 146th Lane N Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps nor surveys N and are not intended to be used as such. The maps and documents are created as part of the Geographic Information Systems w E (GIS) that compiles records, information, and data from various city, county, state and federal resources. Copyright © 2010 City of Andover, All Rights Reserved s Printed 06/22/2012 JIO L' W 0 vj LO F I.. W 7 IY IL w U a a J Q F- O F H W =) K IL J a o r cn O c F d E m R a w r U z E a W J F- Q rL ~ O c w 00 mrl� U6s 6% R 1� a z Q a E l0 O O O_ rn z 7 J J N N Z N O U o O a c � a m � Q p o J d m U) m a rn 0 o E d E- d g Fw- UJ :) Z v UO M N m < a) N N 7 U U Ci pi N O p W ~ N N C1 C7 CITY OF ANDOVER— JUNE 2012 ITEM JUNE MAY YTD 2012 JUNE YTD 2011 Radio Calls * 884 786 4,665 4,793 Incident Reports 720 688 4,064 4,129 Burglaries .5 7 34 34 Thefts 24 33 188 270 Crim.Sex Cond. 3 1 8 10 Assault 3 2 18 14 Dam to Prop. 25 14 89 79 Harr. Comm. 8 3 40 57 Felony Arrests 1 10 31 40 Gross Mis. 3 2 11 8 Misd. Arrests 12 23 120 148 DUI Arrests 3 10 42 58 Domestic Arr. 9 5 27 24 Warrant Arr. 6 8 33 41 Traffic Arr. 205 171 1,087 1,016 * Total Radio Calls for the month and YTD are the sum from City of Andover and Community Service Officer pages. DUI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 01:23 22:51 01:38 R CITY OF ANDOVER— JUNE 2012 COMMUNITY SERVICE OFFICER REPORT ITEM JUNE MAY YTD 2012 JUNE YTD 2011 Radio Calls 98 130 542 630 Incident Reports 102 161 593 648 Accident Assist 2 2 14 31 Veh. Lock Out 20 26 115 164 Extra Patrol 260* 347 * 1,224 1,097 House Check 0 0 14 74 Bus. Check 0 0 7 28 Animal Compl. 37 51 200 243 Traffic Assist 7 12 56 66 Aids: Agency 64 95 406 889 Aids: Public 37 64 211 177 Paper Service 0 0 0 12 Inspections 0 0 2 0 Ordinance Viol. 3 7 14 20 * Higher number of Extra Patrol due to Parks patrol shift