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HomeMy WebLinkAboutCC - September 4, 20120.11M ' y1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, September 4, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Proclamation — Constitution Week September 17 -23, 2012 Proclamation - October 2012 Domestic Violence Awareness Month Resident Forum Agenda Approval 1. Approval of Minutes (8/8/12 Closed; 8/21/12 Regular; 8/21/12 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Declare Cost/Order Assessment Roll /11- 40/133rd Avenue NW Reconstruction — Engineering 4. Award Quote /11- 48/Well #7 — Engineering 5. Accept Feasibility Report/Waive Public Hearing/12- 32/2118 -2120 — 140th Lane NW /WM — Engineering 6. Amend No Parking Resolution/l2 -2c /147th Avenue NW - Engineering 7. Approve Application for Exempt Permit/Ducks Unlimited Inc. — Administration 8. Approve 2013 Anoka County Sheriff Contract — Administration 9. Approve Contract for School Liaison/Anoka- Hennepin School District #11 - Administration Discussion Items 10. Review /Adopt 2013 Preliminary Tax levy— Administration /Finance 11. Review /Adopt 2013 Debt Service Levy Changes — Administration /Finance 12. Set Budget Hearing Date - Administration /Finance Staff Items 13. Schedule September EDA Meeting - Administration 14. Schedule September City Council Workshop - Administration 15. Administrator's Report —Administration Mayor /Council Input Closed Session — Public Works Union Negotiations Update Property Negotiations PID #s 11- 32 -24 -32 -0001, 11- 32 -24 -31 -0001, & 11- 32 -24 -24 -0001 Pending Litigation Discussion - Grey Oaks Owners Associations Adjournment AA A� 4 A� AA4 A4 T�� ♦�'�tti'lel�Id ♦or ld ♦er`i ♦id' le'tia'le♦P,°rti11P.r�♦ CITY OF ANDOVER PROCLAMATION Al Constitution Week M. September 17 -23, 2012 ® WHEREAS, our Founding Fathers, in order to secure the blessings of r, liberty for themselves and their posterity, did ordain and establish a Constitution for the United States; and, a WHEREAS, it is important that all citizens fully understand the � provisions and principles contained in the Constitution in order to effectively '® support, preserve and defend against all enemies; and, ig �1 WHEREAS, September 17, 2012, marks the two hundred twenty -fifth ® anniversary of the drafting of the Constitution of the United States of Ameri ca by the Constitutional Convention; and, WHEREAS, it is fitting and proper to accord official recognition of this magnificent document and its memorable anniversary; and WHEREAS, the independence guaranteed to American citizens, whether by birth or naturalization, should be celebrated during Constitution Week, September 17 through 23, 2012, designated by ® as proclamation of the President of CAW the United States of America in accordance with Public Law 915 NOW THEREFORE, I Mike Gamache, Mayor of the City of Andover, do hereby proclaim the week of September 17 through 23, 2012 as Constitution o Week 1 Mike Gamache, Mayor City of Andover 1P 9 1t t 'A-& 4V-W CITY OF ANDOVER PROCLAMATION October of 2012 is proclaimed as Domestic Violence Awareness Month WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern to Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County and perpetrators of said crime are subject to prosecution and conviction in accordance with the law: and WHEREAS, over thousands of women and children have and will continue to access assistance from Alexandra House, Inc., a domestic violence service provider; and WHEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time effecting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Month; and WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences and what we, as a concerned commmunity can do to eliminate its existence. NOW, THEREFORE, BE IT RESOLVED AND KNOWN TO ALL THAT, I, Michael R. Gamache, Mayor of Andover, do hereby proclaim October to be Domestic Violence Awareness Month on Tuesday, September 4, 2012. 914ichae[R- Gamache, Wayor City ofAndover 4V-W . A'Lb 6, Y 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 Harmer, Deputy City Clerk SUBJECT: Approval of Minutes DATE: September 4, 2012 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by, Administration and submitted for City Council approval: August 8, 2012 Closed August 21, 2012 Regular August 21, 2012 Closed DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Harmer 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 47 48 REGULAR ANDOVER CITY COUNCIL MEETING — AUGUST 21, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, August 21, 2012, 7:06 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Julie Trude and Tony Howard Councilmember absent: None Also present: City Administrator Jim Dickinson Director Public Works /City Engineer David Berkowitz Community Development Director David Carlberg City Attorney Scott Baumgartner Others 1711a►armia/•II omrj/•►iv[om RESIDENT FORUM Ms. Dawn Schnickels- Johnson, 1553 140th Lane NW, Andover, asked what the status was for a dog park in Andover by the ball fields. City Administrator Dickinson stated the City is talking with Coon Rapids, Anoka County and other surrounding communities in regards to a potential 5 -8 -acre dog park as part of the Bunker Hills Regional Park not by the ball fields. Mr. Kirk Nelson, 1369 1415` Lane NW, Andover, would like to see the City clean up the park south of 141St Lane. He suggested this would be a good clean-up project for the Boy Scouts. He also stated the area under the railroad bridge should be painted. City Engineer Berkowitz stated staff would contact the railroad about painting the bridge and look into what needed to be done along the Tom Anderson Trail. Councilmember Bukkila stated residents should call City Hall if they find areas in the City in need of repair or maintenance. Mr. Nelson stated he would also like to see something done with the railroad crossing along Andover Boulevard because this crossing is extremely rough. City Engineer Berkowitz explained this particular crossing has two (2) sets of tracks and they are at different levels. The County did do some work on the road to lessen the impact but the only way to fix the problem would be for the railroad to remove and replace several hundred feet of 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 Regular Andover City Council Meeting Minutes —August 21, 2012 Page 2 railroad track to level them. Staff can talk to BNSF regarding this crossing. Councilmember Trade suggested staff inform BNSF that the County had addressed their problems with this intersection. AGENDA APPROVAL City Administrator Dickinson stated Consent Item #7 should be changed to read Approve Fee Ordinance No.420. Councilmember Bukkila request Consent Item #7 be pulled for discussion. Motion by Councilmember Knight, Seconded by Councilmember Howard, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES August 8, 2012 Regular City Council Meeting Councilmember Trade stated on page 4, lines 20 -21, be changed to read " Councilmember Trade stated it would be helpful if the residents could obtain something in writing explaining why their Board thinks Grey Oaks is not senior housing." Councilmember Trade stated on page 9, line 42 the word "both" should be replaced with "one side of the road ". Motion by Councilmember Trade, Seconded by Councilmember Bukkila, to approve the August 8, 2012, Regular City Council Meeting minutes as amended. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Order Improvement/Order and Approve Plans and Specifications /Order Advertisement for Bids /07- 20 /Parkside at Andover Station 3rd Addition Item 4 Approve Change Order #1 /11 -10 -South Coon Creek Drive NW Reconstruction Item 5 Award Quote /17 -7 and 12- 12/2012 Trail Maintenance and 2012 Parking Lot Maintenance Item 6 Accept Petition/Order Feasibility Report/l2- 32/2118/2120 —140" Lane NW/WM item 7 Appr-eve Foe Ordi ,. nee Ne. n nn Item 8 Approve Application for Exempt Permit/Andover Lions Item 9 Accept Contributions /Sweet Toppings LLC /Hickory Meadows Park Motion by Councilmember Trade, Seconded by Councilmember Howard, for approval of the Regular Andover City Council Meeting Minutes — August 21, 2012 Page 3 Consent Agenda as amended. Motion carried unanimously. FA 4 ANOKA COUNTYSHERIFF'SMONTHLYREPORT 6 Commander Halweg, Anoka County Sheriff's Office, provided the City Council and residents 7 with an update on law enforcement activities within the City for June 2012 including 6 DUI 8 arrests, 2 domestic arrests, burglary of a business, an interrupted burglary in progress, a 9 motorcycle personal injury accident, and a pedestrian hit and run with the owner filing a false 10 report stating the car had been stolen. He stated there has been an increase in thefts from 11 vehicles. He reminded residents to lock their cars and homes and keep their valuables out of 12 sight. 13 14 Councilmember Bukkila asked who would receive calls pertaining to marijuana growing along 15 the road. 16 17 Councilmember Halweg stated the property owner would be responsible for the removal of these 18 plants. 19 20 CONSIDER PRELIMINARY PLATIRAL MART OF ANDOVER STATIONII851 BUNKER 21 LAKE BOULEVARD NW— WAL -MART REAL ESTATE TRUST 22 23 Community Development Director Carlberg stated the proposed plat would divide the existing 24 26.99 acre parcel into a lot of 19.69 acres, an outlot of 6.38 acres, dedicated right -of -way for Jay 25 Street NW (.92 acres), and establish drainage and utility easements for utilities, ponding and 26 wetland areas. He explained what the surrounding properties were and the types of businesses 27 operated. He also stated there are 16 -acres of wetlands to the west of the property that are owned 28 by the City and will not be developed and the City has purchased the remaining property for 29 Parkside at Andover Station and will be re- platting this for single- family homes. He explained 30 the applicants are not requesting rezoning of the property and there are no variances from City 31 Codes being requested. Access and grading issues remain but it is not unusual for these items to 32 be resolved after plat approval due to the lengthy review time by the ACHD and the level of 33 detail that is needed to achieve a final grading plan. He reviewed the crime relative to Wal -Mart 34 stores in the surrounding communities. The Blaine location averages 1 -2 calls per week and the 35 Coon Rapids and Elk River locations average 1 -2 calls per day. The types of calls typical for 36 these locations are handicap parking violations, shoplifting and vehicle accidents in the parking 37 lots. While POVs had been in operation the types of calls included disturbing the peace, assault, 38 thefts and DUI. There may be more police calls to Wal -Mart but the calls to POVs were more 39 severe in nature. 40 41 Mr. Erik Miller, MFRA, Inc., 14800 28h Avenue N. Plymouth, MN, presented a PowerPoint 42 presentation to the Council and residents describing the proposed project, layout of the building, 43 the wetlands including impacts and proposed changes, the complete site plan, the proposed 44 outdoor storage areas including the garden area and recycling areas and the proposed landscaping Regular Andover City Council Meeting Minutes —August 21, 2012 Page 4 1 and screening. He stated the number of parking stalls exceed the City's requirements by 40 stalls 2 in order to accommodate the proposed outdoor seasonal sales area. He explained the proposed 3 access points included a % intersection on Bunker Lake Boulevard. The Anoka County Highway 4 Department has provided conceptual approval of this intersection. The Anoka County Highway 5 Department has also reviewed the traffic study and impacts. He reviewed each of the 6 intersections and the projected impacts and traffic patterns compared to current conditions and 7 traffic patterns. He explained Wal -Mart's policies regarding idling of trucks and recycling. He 8 also reviewed the lighting for the project including in the parking lot. He explained there would 9 be two (2) lots created with the approval of the plat. The 19.69 -acres will be purchased by Wal- 10 Mart and Mr. Povlitzki will retain ownership of the 6.38 -acre outlot. Coon Creek Watershed 11 District has proved a letter providing preliminary approval of the grading and storm water plans 12 for the project. He pointed out that the storm water would not be directed to Crooked Lake. 13 14 Councilmember Trude asked for clarification regarding the trip count or percent of traffic that 15 would be coming from Bunker to the east. 16 17 Mr. Miller stated the overall traffic volume is projected to be 7,000 to 8,000 trips per day. The 18 traffic study looked at the impacts for both the a.m. and p.m. peak hours. He stated the 19 cumulative total from Hanson Boulevard to Jay Street would be 40 %. He explained the 20 outbound turn movement is what changes the rating of this intersection from a B to a C. 21 22 Councilmember Knight asked how the traffic counts and projected impact numbers had been 23 obtained. 24 25 Mr. Miller stated Wal -Mart worked with Wenck & Associates, Inc. Traffic is generally 26 standardized at a national level. There is a manual called the ITE Manual, which identifies trip 27 generation numbers for different stores based on square footage. This manual is used to prepare 28 traffic impacts. He explained the traffic was evaluated for both the morning and evening peak 29 travel times. The evening peak time evaluated was from 5:00 p.m. to 6:00 p.m. because this is 30 typically the time when the level of service would be at its worst level. 31 32 Councilmember Trude asked if the evaluation was based only on the peak p.m. travel data. 33 34 Mr. Miller clarified both the a.m. and p.m. peak hours were evaluated but only the p.m. data was 35 being presented to the Council at this time. The data pertaining to the peak a.m. hour was 36 available for the Council to review. The County reviewed the data for both the a.m. and p.m. 37 peak hours and conceptually accepted the study that is being presented to the Council. 38 39 Councilmember Trude asked what type of screening would be around the pond. 40 41 Mr. Miller stated Wal -Mart would maintain an average depth requirement for the pond and for 42 safety reasons a fence around the pond would be required. At this time Wal -Mart is proposing a 43 vinyl- coated fence. Wal -Mart does operate a progressive maintenance program for all storm 44 water facilities nationwide. Wal -Mart would hire a third -party to maintain and inspect these Regular Andover City Council Meeting Minutes —August 21, 2012 Page 5 storm water facilities to ensure they are functioning in accordance with the design standards and a third -party vendor would also be hired to review these facilities to make sure the programs are being managed correctly. At the store level the store operator would be responsible for making sure the day -to -day cleaning of the parking lot and storm water facilities was completed. Wal- Mart does not typically landscape within the high -water levels so the pond can function as a storm water basin. He pointed out the landscaping that would be done outside of the fence including trees and sod. 9 Community Development Director Carlberg stated the City does not allow galvanized chain link 10 fencing and there is a restriction of 4 -feet in height for this area. He clarified the proposed fence 11 does comply with the City's Code. 12 13 Councilmember Howard asked if Wal -Mart would consider other types of fencing that would 14 provide a more aesthetic appearance. 15 16 Mr. Miller stated this could be looked at during the landscaping process. 17 18 Councilmember Trude stated the plans do not show a canopy over the outdoor garden display 19 area. She asked if this area would be covered. 20 21 Mr. Miller stated the outdoor seasonal garden area would be located in the parking lot and would 22 not be covered. This area would include merchandise items such as perennials, shrubs, trees, 23 gravel, pavers, and mulch. Larger items such as lawn mowers, patio furniture, and grills would 24 be along the southeast and southwest corners of the building, along the sidewalk. 25 26 Community Development Director Carlberg stated the resolution for approval does contain ten 27 (10) conditions including Coon Creek Watershed District, DNR, Anoka County Highway 28 Department, MPCA, and Corps of Engineers approvals, any necessary traffic impact study 29 revisions required, and grading, drainage, and erosion control plan review and approval. 30 31 Councilmember Bukkila stated 1 st Regents Bank would be losing an access point with the 32 extension of the median. She asked if this had been reviewed with 1 st Regents Bank because 33 their clientele would no longer have the option to take a right onto Bunker Lake Boulevard 34 without going behind the building. 35 36 Community Development Director Carlberg stated staff has talked withlst Regents Bank in 37 regards to the extension of the median and the loss of the left turn. He clarified on Jay Street 38 there would be a right -in -right -out intersection replacing the current full access intersection. 39 40 Mayor Gamache asked if the City had requested this median extension. 41 42 City Engineer Berkowitz stated after the traffic study had been reviewed it had been determined 43 the left movement, coming south on Jay Street, would need a longer turn lane. This had been 44 reviewed with 1 st Regents Bank and they understand the need for closing this turn for safety Regular Andover City Council Meeting Minutes — August 21, 2012 Page 6 reasons. Coming westbound (from Hanson) off Bunker Lake Boulevard there would only be a right -in to get to 1st Regents Bank. 4 Community Development Director Carlberg stated this median extension is not just to 5 accommodate the Wal -Mart development. There are several lots on Jay Street that will develop 6 and if these improvements were not made it would make future traffic movement difficult. 7 8 Councilmember Howard stated traffic patterns and impacts were not shown for 139`t' Lane and 9 Hanson Boulevard. He asked if these impacts were known and if the turn lane on Hanson 10 Boulevard, coming from the south, would be sufficient. 11 12 City Engineer Berkowitz stated the County did comment on this intersection and they would like 13 more evaluation and information regarding the southbound right turn lane. The City's left turn 14 lane, coming out of Jay Street, going north on Hanson Boulevard would also need to be evaluated 15 further. These intersections would be looked at during the traffic impact study. The Hanson 16 Boulevard improvements stopped at this intersection. There are currently existing problems on 17 Hanson Boulevard. The City has been clear with the County that this would be a project the City 18 would be interested in having done but at this time the County does not make those 19 improvements unless they receive federal funding. 20 21 Councilmember Howard asked if the loading dock screen wall would be high enough and long 22 enough to completely screen trucks and trailers from view. He also asked if third -party vendors 23 understood Wal -Mart's no idling policy for trucks. 24 25 Mr. Miller stated the overall height of this wall would be 14 feet high and 70 -feet long from the 26 building. A standard truck is 65 -feet long. He clarified third -party vendors are made aware of 27 the no idling policy and this is enforced. 28 29 Councilmember Trude stated Blaine has had problems with semi -truck drivers logging their sleep 30 hours while parked in the parking lot and they run their trucks at that time. She asked how the no 31 idling policy would be enforced in Andover when it was not enforced in Blaine. 32 33 Mr. Miller stated he had not been aware of this particular problem. He stated Wal -Mart has 34 expanded a secondary auxiliary motor on their semi - trucks. This runs the condensers for items 35 such as air conditioners and coolers, so the trucks do not need to idle in order to run this type of 36 equipment. The direct service trucks would be making deliveries during the day and would have 37 no reason to remain in the parking lot overnight. 38 39 Councilmember Howard asked how many deliveries would be made to the facility and what time 40 these deliveries would occur. 41 42 Mr. Miller stated there would be an average of 20 -28 Wal -Mart deliveries per week. The times 43 of these deliveries would vary through out the day and a majority of these deliveries would be for 44 3rd shift. This does not mean the deliveries would occur during 3rd shift hours. The deliveries Regular Andover City Council Meeting Minutes —August 21, 2012 Page 7 may occur earlier in the day and the trucks would leave the trailer to be unloaded and picked up the next day. Other deliveries would be considered direct and would occur during the morning hours. These would average about 40 deliveries per week. Community Development Director Carlberg clarified the nearest property to the proposed Wal- Mart is 200 -feet from the loading dock and this is not typical. The Target store loading dock is directly located across the street from residential homes. 9 Councilmember Knight asked what the lighting would be along residential borders in the north 10 and west. 11 12 Mr. Miller stated there would be limited spill over lighting. There is only one light standard in 13 the back delivery area. The light standards are LED lighting, completely downcast cutoff 14 fixtures. The spill over lighting would be in accordance with the City's Code at the property 15 lines and a Lighting Plan has been provided. 16 17 Councilmember Trade stated the Resolution does reference Anoka County Highway Department 18 and road access and improvements in Condition #4. She asked if this would be limited to 19 Bunker Lake Boulevard and Jay Street or if the intersection at Hanson Boulevard and 139 th Lane 20 would be included. She would like to make sure this intersection is included in the traffic impact 21 study. She asked what the City's consultant's comments were regarding the traffic study and 22 how it will impact the residents. 23 24 City Engineer Berkowitz stated Anoka County Highway Department has requested additional 25 information on the intersection at Hanson Boulevard and 139`h Lane to be identified in the Traffic 26 Impact Study. Condition #4 was written based on the comments received by the County. The 27 a.m. and p.m. peak traffic would look at this intersection. The City is reviewing the traffic study 28 and a Traffic Engineer is consulted. All the information is being evaluated and they are 29 providing comments. The applicant has addressed some of these comments as the process has 30 moved forward. The City is now taking the comments from the City's consultant, City staff, and 31 the County and reworking the Traffic Impact Study. 32 33 Councilmember Trade stated drainage, the environment, and wetland protection are concerns for 34 residents. She pointed out all the runoff from the POVs parking lot goes directly into the pond 35 and wetlands at this time. The Wal -Mart development will reroute this runoff through a longer 36 system with multiple treatment ponds before it will get to the wetlands. This development would 37 greatly improve the wetland impacts and drainage problems currently on the property. The Coon 38 Creek Watershed is another step in addressing the wetland impacts. There is some information 39 that is still pending but the Coon Creek Watershed has provided conceptual approvals for the 40 storm water plan. 41 42 Councilmember Knight asked if the County was looking at upgrading the roads along Bunker 43 Lake Boulevard. 44 Regular Andover City Council Meeting Minutes — August 21, 2012 Page 8 City Engineer Berkowitz stated the Anoka County Highway Department had applied for Federal funding for improvements from Crane Street to Jefferson. It looks like this application would receive Federal funding in 2015 -2016. Councilmember Bukkila asked if the preliminary plat is approved what the next steps would be and when the residents would have another opportunity to comment on the project. 8 Community Development Director Carlberg stated this would be the biggest opportunity for 9 public input. Once the preliminary plat was approved then there would be a commercial site plan 10 reviewed by staff and the final plat would be approved by the City Council. 11 12 Councilmember Trude clarified the preliminary plat included the division of the property and Mr. 13 Povlitzki would retain a portion of the property for future sale. The City does not own the land 14 and the City cannot tell individuals whom they can sell their property to and who can purchase 15 this property. The City can only look at the traffic impacts, the wetland and environmental 16 impacts and make sure the City's Codes and Ordinances are being followed. The streets in this 17 development were designed based on retail development in this area. She stated she would 18 support the preliminary plat. 19 20 Mayor Gamache stated the Planning Commission had conducted a public hearing on the 21 preliminary plat but the City Council would also allow some public input. He requested the 22 residents keep their comments restricted to new discussion items. He stated POVs had closed at 23 the end of 2011 because the City did not issue a new liquor license due to unpaid back taxes and 24 assessments. The City had received some payments of taxes in 2010 and the City issued a liquor 25 license for 2011 with the thought that if the business was operating the remaining taxes and 26 assessments could be paid. 27 28 City Administrator Dickinson stated the City had also renegotiated the assessments with Mr. 29 Povlitzki and moved the due dates into a future date in an effort to work with him. 30 31 Mayor Gamache pointed out Mr. Povlitzki did not have a mortgage on the property. When there 32 is a mortgage on the property and payments are not made, the bank is the entity that gets involved 33 and the City recoups their funds through the foreclosure process. The City had restructured the 34 assessment payments so full payments would go into effect in 2013. Based on the tax forfeit 35 process and the current timing of back taxes, the County would start that process in May 2013 36 and ultimately collect the back taxes and assessments. 37 38 City Administrator Dickinson stated if Mr. Povlitzki went into the tax forfeit process, then the 39 County would take over the property. Once this is done then Mr. Povlitzki would no longer have 40 an interest in the property. 41 42 Mayor Gamache stated the City has done its job by trying to work with a business that was 43 having a difficult time. He also stated there had been a petition from residents to have the City 44 do an Environmental Assessment Worksheet but the Council did not find sufficient reason to Regular Andover City Council Meeting Minutes — August 21, 2012 Page 9 1 support this request. He stated there would always be concerns about traffic regardless of the 2 development that happens on this property. Staff will work with Wal -Mart and the Anoka 3 County Sheriff's Department in regards to controlling any crime issues that arise just like they 4 have with Target and any other new business. He clarified the final determination of this store 5 being open 24 -hours has not been resolved at this time. He stated his opinion would be for Wal- 6 Mart to be open until midnight at the latest. This is not a good location for a 24 -hour store. He 7 stated the City had a market study done of this area with different ideas of development in this 8 area. The study determined there is sufficient market in this area to support a store the size of the 9 proposed Wal -Mart and maintain Target and Festival Foods. He stated Wal -Mart will bring 10 more business to the City including restaurants. 11 12 Ms. Dawn Schnickels- Johnson, 1553 140`x' Lane NW, Andover, presented the Council with a list 13 of questions and concerns that have been brought up at the neighborhood meetings. She asked if 14 the construction of a Wal -Mart on this site was going to happen for sure and if there was 15 anything else residents could do to try and stop this project. The neighborhood is concerned 16 because this area is zoned general business and cannot operate 24 -hours a day that Wal -Mart will 17 find a way around this regulation. Other concerns included overnight parking, agreements with 18 surrounding businesses not to sell groceries, increased crime, impacts to the wetlands, the 19 amount of signs and lighting, and increased traffic. She stated the intersection at Hanson 20 Boulevard and 140th Lane was dangerous and increasing traffic in this area would make it worse. 21 She expressed concerns with all the traffic and the traffic study does not address where these 22 cars will go when they leave the site. She stated the taxpayers are asking the City to listen and 23 not make changes to the City's codes, ordinances, and regulations but to explore alternative uses 24 for this land. She stated the trucks will be delivering all day and during the night. There will not 25 be a break in this noise. There is also a ball field and childcare center on Jay Street that has not 26 been considered. She stated there is adamant residential opposition to Wal -Mart in Andover. 27 28 Mayor Gamache stated these concerns had been addressed during the Planning Commission 29 Public Hearing. There can be safety issues anywhere in the City but the safety issues will not be 30 overly increased along Jay Street because of trucks driving down roads that have not been 31 constructed for trucks. The road is wide enough for trucks to access the commercial 32 development that had been proposed for this area. Hanson does need to be expanded and staff 33 has been talking to the County for several years regarding this problem. He stated the 34 development of the former POVs site might assist the County in getting the Federal funding they 35 need for these improvements. 36 37 Ms. Schnickels- Johnson stated Wal -Mart had several hours to make their presentations to the 38 Planning Commission and the City Council. The residents would like the same courtesy. The 39 City needs to hear the residents are not happy with this proposed development. 40 41 Councilmember Bukkila asked what residential group Ms. Schnickels- Johnson was representing. 42 43 Ms. Schnickels- Johnson stated there had not been a petition done as part of this residential group. 44 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 Regular Andover City Council Meeting Minutes — August 21, 2012 Page 10 Ms. Laurie Mount, 2044 138th Ave, Andover, stated the group is Andover Smart Growth. She expressed concerns because the residents do not want Wal -Mart and wants it known for the public record that they are against this development. She asked the City not to bend over for Wal -Mart and change the City's codes to meet their needs. There is no need for a 24 -hour store in this location. She asked the City to consider the residents comments and concerns as the process moves forward. Ms. Kathy Heltemes, 1432 140th Lane NW, Andover, stated limiting the hours of the Wal -Mart store to 7:00 a.m. to 11:00 p.m. would be an acceptable compromise. She asked that Wal -Mart consider giving something back to the community. Councilmember Trade read an email from Rex Hammond for the record. Mr. Hammond expressed concerns including the parking lot being to large, the parking lot should be paved with an environmentally friendly surface, the store size is too large and should be more limited, lighting, 24 -hour operation, and the need for additional green space between the parking lot and Bunker Lake Boulevard. He also stated any favors the City extends to Wal -Mart should also be extended to Target and Festival Foods. Councilmember Bukkila stated she had expected to have more input relative to the plat. She stated she respected the work done by the residents. This is a free market society and businesses do studies to determine where they want to build. With all the different agencies and governing bodies involved in this project, Wal -Mart has met the burden for preliminary plat approval. Motion by Councilmember Bukkila, Seconded by Councilmember Trade to approve a Resolution Approving the Preliminary Plat of "Wal -Mart at Andover Station" Located at 1851 Bunker Lake Boulevard NW as presented. Councilmember Trade stated City Code 12- 13 -19, Section 8 does address the aesthetics for open spaces, buildings, signs, plantings, and surfaces and structures seen from the public way. She stated this code addresses the need for a high level of landscaping and screening. She stated the landscape plan needs to be thoroughly reviewed and the landscaping maintained accordingly. Councilmember Knight stated Wal -Mart meets the requirements to make this purchase. Wal- Mart has the right to purchase the property and the City has the right to govern and make sure that certain things happen. Councilmember Howard thanked Ms. Mount for getting involved with the residents. He stated the City could only make things the best they can, according to the rules and regulations. He stated this development might help the County get funding to make the improvements needed to roads the residents know need to be improved. The motion was called to a vote. The motion carried unanimously. Called to a vote — 5 -0 Regular Andover City Council Meeting Minutes — August 21, 2012 Page 11 CONSIDER CONDITIONAL USEPERMITIOFF- SALELIQUOR AND OUTDOOR DISPLAY, STORAGE, AND SALES 11851 BUNKER LAKE BOULEVARD NW — WAL MART REAL ESTATE TRUST 5 Community Development Director Carlberg stated City Code 12 -12 requires a conditional use 6 permit for off -sale liquor and outdoor storage display, storage and sales in the General Business 7 District. The applicant is proposing to have a liquor store in the Wal -Mart building and other 8 goods and materials for We and storage. The liquor store is proposed to be 1,328 square feet and 9 would have entrances directly to the outdoors and through the grocery vestibule of the store. The 10 City has established the number of liquor licenses is limited to one for each 6,000 residents. The 11 estimated City population is 30,847 as of April 1, 2011. Therefore, the City has the authority to 12 issue five (5) off -sale liquor licenses. There are currently four (4) issued and the City has the 13 ability to grant one (1) more license in accordance with City Code. The applicant is also 14 proposing coin operated vending machines and a propane storage unit along the front of the 15 proposed building, outdoor storage of retail items in two (2) designated areas on the southeast 16 and southwest corners of the front of the building, a temporary garden center area with display of 17 garden center products, and an outdoor storage area in the rear of the store for storage of 18 recycling materials. 19 20 Mayor Gamache suggested the Council review the outdoor storage first. 21 22 Councilmember Trude requested the applicant mark the exact locations for the outdoor storage, 23 vending machines, propane area, and sales and display areas on the site plan and this document 24 become part of the approved CUP Resolution. 25 26 Community Development Director Carlberg highlighted the storage areas in the rear of the 27 building, the battery storage area, the trash compactor area, the front display and sale areas in the 28 southeast and southwest corners of the building, the vending machine areas, the proposed 29 seasonal garden area, and the propane storage area. He explained the rear of the building would 30 be used for storage and the front of the building would be display and the rear storage areas 31 would all be screened from public view. He also stated the Council has the ability to restrict the 32 number of vending machines. 33 34 Mr. Dale Eberly, SAIL, St. Paul, MN, explained the battery recycling area would be an 35 environmental cage that is fenced in and secured. There is a metal roof that protects the batteries. 36 The batteries are stored on a pallet system approved by the EPA. 37 38 Councilmember Bukkila asked if this area would be visible from the street. 39 40 Mr. Miller stated the battery storage area would be screened from view and would not be visible 41 from the street. The screening would be a combination of masonry and wood. 42 43 Councilmember Howard clarified this would not be for storage for shipping containers or semi - 44 trailers. 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 Regular Andover City Council Meeting Minutes — August 21, 2012 Page 12 Mr. Miller stated all the trailers would be housed in the loading docks. The trailers are used for delivery purposes only unless Wal -Mart has requested a special permit from the City. Councilmember Bukkila asked where the trails are located that lead to the sidewalks in the front of the building. She also asked what the dimensions were for the sidewalk. Mr. Miller stated currently there is a trail that runs along Jay Street and there is a connection to the front sidewalk just south of the primary entrance. This will connect the sidewalk and the trail. Mr. Eberly stated the sidewalk dimensions vary along the front of the building based on the architecture of the building. Wal -Mart is proposing to keep 8 -10 -feet clear for walking along the front of the building. The narrowest point would be approximately 15 -feet wide. Councilmember Bukkila suggested the outdoor displays not exceed the vestibule wall so the walk space is clear and linear. Councilmember Trade stated she would like to add that a minimum of a 10 -foot clear zone must be maintained adjacent to the curb and no outdoor storage or display can occur in this area. Councilmember Knight asked how many parking spaces the outdoor garden center would occupy. Mr. Miller explained the garden center would occupy 40- parking stalls from March to July. The parking was designed so that Wal -Mart would still meet the City's requirements regarding parking even with the garden center set up. Councilmember Bukkila asked if Wal -Mart would staff the garden center the entire time it is open. Mr. Miller provided the Council with a Merchandise Plan for the garden area. He stated the proposed merchandise would be perennials, shrubs, trees, mulch, yard ornaments, pavers, stone, and soils. The products would not include high -end products such as lawn mowers and grills. The area would be delineated from the driveway by cones with flagging. Councilmember Bukkila stated she would like to see a more finished way of delineating the garden area. She would not approve of the cones. Mr. Miller stated this could be discussed with Wal -Mart. Councilmember Bukkila asked how the area would be secured while the store was closed. Mr. Miller stated in this location the items would not be secured. 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 Regular Andover City Council Meeting Minutes —August 21, 2012 Page 13 Councilmember Howard clarified there would not be items such as fireworks in the garden area. Mr. Miller stated Wal -Mart would make a special request to the City for approval for any additional products, including fireworks. Councilmember Trude asked how many outdoor vending machines were being requested. Community Development Director Carlberg stated Wal -Mart is proposing six (6) outdoor vending machines and a propane exchange area. The vending machines would be covered and protected from the weather as required by the City's code. Councilmember Howard stated he would prefer to see the vending machines inside the building. Councilmember Bukkila stated the City did limit the number of vending machines Walgreens could have. She would recommend limiting this proposal as well. Councilmember. Trude stated she would not approve of six (6) vending machines. She expressed concerns about littering and she would recommend limiting the location, number and products for these vending machines. Mayor Gamache asked if the awnings covering the vending machines would need to be sprinkled. Fire Chief Winkel stated as long as Wal -Mart did not store flammable products under the awnings they would not need to be sprinkled. Mayor Gamache stated he would approve a couple of vending machines similar to Walgreens and the propane exchange area. Councilmember Trude proposed approving the resolution with the following conditions for the Conditional Use Permit: 1. The applicant shall complete the Commercial Site Plan process with the City of Andover. 2. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 14 -6.D. 3. The outdoor storage, display and sales areas shall be limited to the revised site plan from tonight's meeting. 4. Limiting the products that can be sold in the garden center and requiring a more aesthetically appealing fence to delineate this area. The parking lot and the front of the store should be defined separately. City Attorney Baumgartner clarified the products sold in the 40- parking stalls in the parking lot would consist mainly of plants, rocks, soils, and trees and products such as lawn mowers 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 43 44 Regular Andover City Council Meeting Minutes — August 21, 2012 Page 14 grills would be displayed along the front of the building. Mr. Miller stated this was correct. City Attorney Baumgartner suggested Condition 4 The outdoor display and sales area located in the parking lot, consisting of 40- parking stalls, shall be limited to live plants, garden/landscaping materials, and similar seasonal garden items. Councilmember Howard stated he would like to have the fencing added to this condition. Councilmember Trade stated this condition should also include the dates of operation of March 15 to July 15 and the hours of operation from 7:00 a.m. to 9:00 p.m. Councilmember Trade suggested limiting the number of coin operated vending machines to a total of two (2) for Condition 5. She stated City Attorney Baumgartner would work on adding an additional condition clarifying the storage by the store. City Attorney Baumgartner clarified the City would like to have the garden area delineated by fencing approved by the City with limited operations from 7:00 a.m. to 9:00 p.m. He suggested inserting a new Condition 6 indicating the outdoor display and sales areas located alongside the building may be used to display lawn furniture, grills, lawn mowers, and other similar seasonal items. Councilmember Trade added these areas must maintain a minimum of a 10 -foot clear zone adjacent to the curb where outdoor storage occurs. Councilmember Howard asked if the Council approved of the storage areas in the rear of the building. Councilmember Bukkila stated she would approve the storage in the rear as proposed and outlined in the plan. Mayor Gamache agreed with the proposed outdoor storage in the rear of the building. Mr. Miller asked if the conditions specifically approve the propane exchange area. Councilmember Trade suggested City Attorney Baumgartner incorporate the conditions discussed by the City Council into the Resolution and the City Council vote on it after the discussions regarding the CUP request for a liquor license. Mayor Gamache asked how many Wal -Mart stores in the Twin Cities area currently have liquor stores in them. He also asked if the deliveries would be in the front of the building or in the rear of the building. Regular Andover City Council Meeting Minutes —August 21, 2012 Page 15 Mr. Miller stated currently five (5) of the twenty (20) Wal -Mart stores in the Twin Cities have liquor stores in them. State Statute regulates deliveries and they must be to an access independent of the store merchandising area. Councilmember Knight asked where the nearest liquor store was to this location. City Administrator Dickinson stated Northgate Liquor is located near Target. 9 Councilmember Trade stated reviewing the State Law that authorizes the issuance of liquor 10 licenses in Minnesota Statute 340A.405, Subd. lb, which states a City of the first class may issue 11 a license. Issuing a liquor license is a discretionary act for the City. 12 13 City Attorney Baumgartner stated he had reviewed related cases and Attorney General opinions. 14 The City is given great discretion as to the issuance of liquor licenses, however they are still held 15 to an arbitrary and capricious standard for denials. In the cases he had reviewed some of the 16 reasons for denial of a liquor license that had been upheld by the State Supreme Court included 17 opposition from the community along with impacts such as traffic and adverse affects on the 18 community. Reasons for denial should look at the health, safety, and welfare and determine if 19 there are findings that show there would be a detrimental impact on the City. 20 21 Councilmember Trade stated her findings to support denial of issuance of a liquor license include 22 community opposition to the issuance of this liquor license as demonstrated by the emails, 23 letters, and comments from residents. Andover is a predominately young community and a 24 combination of a grocery store /liquor store does not fit into the community values and standards, 25 and the geographic concentration of liquor stores and the City should consider reserving one (1) 26 liquor license for an area of the community that will be expanded in the future. 27 28 Motion by Councilmember Trade, Seconded by Councilmember Howard to Deny Issuance of a 29 Liquor License to Wal -Mart Based on the Three (3) Findings presented. 30 31 Councilmember Howard stated there are other areas of the City that an off -sale liquor store 32 would be better suited with future development. 33 34 Mr. Miller clarified the request being presented at this time is for a Conditional Use Permit for 35 off -sale liquor not a liquor license. Wal -Mart cannot apply for the liquor license without 36 approval of the conditional use permit. 37 38 Mayor Gamache asked if granting the conditional use permit would have an adverse affect if the 39 request for a liquor license were denied at a later date. 40 41 Councilmember Trade stated there are other areas of the City the Comprehensive Plan has 42 identified as areas for future growth including retail and commercial development. She 43 suggested the City maintain the ability to issue a liquor license for these areas. 44 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 Regular Andover City Council Meeting Minutes —August 21, 2012 Page 16 Community Development Director Carlberg stated based on City Code the City would have the ability to issue additional liquor licenses as the population increases. Councilmember Trude withdrew her motion to deny a liquor license to Wal -Mart. Councilmember Howard withdrew the second to the motion to deny a liquor license to Wal- Mart. City Attorney Baumgartner clarified case law is clear in that the City may deny the issuance of a liquor license for specific reasons, even if the applicant meets all the requirements for the, granting of liquor license. Motion by Councilmember Trude, Seconded by Councilmember Howard to deny the Resolution Granting the Conditional Use Permit for Off -Sale Liquor on the Property Located at 1851 Bunker Lake Boulevard NW Based on the Findings Outlined. Mr. Miller stated based on the discussions and concerns with the CUP and issuance of license being handled separately, the applicant would be open to considering tabling the Conditional Use Permit for the off -sale liquor to allow them to apply for this concurrently with the issuance of a liquor license. Community Development Director Carlberg clarified this would be a granted extension of the Conditional Use Permit Off -Sale Liquor Sales August 23 deadline to a date when the application for a liquor license is acted upon by the City Council. He stated this would need to be received in writing with a specific date. He clarified at this time the City Council must take action to either approve or deny the request otherwise it will be automatically approved. Mr. Miller stated the applicant would make this extension request in writing. The Council indicated they would address the Outdoor Storage CUP and bring the Conditional Use Permit for Off -Sale Liquor up later in the meeting. Ms. Mount encouraged the City Council to deny Wal -Mart's request for off -sale liquor sales. She also stated she does not agree outdoor storage and display and vending machines should be approved. This will change the look of the store and stores such as Target do not have items outside their store. The City Council recessed at 10:09 p.m. The City Council reconvened at 10:16 p.m. Motion by Councilmember Trude, Seconded by Councilmember Howard to Approve a Resolution Granting the Conditional Use Permit for Outdoor Display, Storage and Sales on Property Located at 1851 Bunker Lake Boulevard NW With the Following Conditions: Regular Andover City Council Meeting Minutes —August 21, 2012 Page 17 1 1. The applicant shall complete the Commercial Site Plan process with the City of 2 Andover. 3 2. The Conditional Use Permit shall be subject to a sunset clause as defined in City 4 Code 12- 14 -6.D. 5 3. All Outdoor display, storage and sales shall be limited to the areas identified on 6 the revised site plan dated August 8, 2012, and stamped as "Received by the City 7 of Andover" August 9, 2012. 8 4. The outdoor display and sales area, located in the parking lot, consisting of 40- 9 parking stalls, shall be limited to live plants, garden/landscaping materials, and 10 similar garden items. Said area shall be delineated by fencing as approved by the 11 Andover Review Committee and shall be limited to March 15 to July 15 with the 12 hours of 7:00 a.m. to 9:00 p.m. 13 5. The outdoor display and sales areas, located along side the building, may be used 14 to display patio furniture, barbeque grills, lawn mowers, and similar seasonal 15 items. Provided, there shall be maintained a minimum 10 -foot wide walkway 16 between the displayed items and the curb. 17 6. An outdoor, recycled battery storage area shall be allowed in the northeast rear 18 section of the building as identified in the site plan. 19 7. Outdoor propane exchange cages shall be allowed along the store front as 20 identified in the site plan or as otherwise approved by the Andover Review 21 Committee. 22 8. A maximum of two (2) vending machines may be located in front of the store and 23 shall comply with City Code 12- 13 -20. 24 9. All outdoor display, storage, and sales shall be conducted in compliance with all 25 federal, state, and local codes. 26 10. The rear storage areas, as designated in the site plan, shall be properly screened as 27 demonstrated in the preliminary plat and approved plan. 28 29 The motion was called to a vote. The motion carried unanimously. 30 31 Community Development Director Carlberg stated staff has received a written request from Wal- 32 Mart to grant an additional 60 -days from August 23, 2012 for the Conditional Use Permit for 33 Off -Sale Liquor Sales. 34 35 Councilmember Trude withdrew her motion to deny the CUP for off -sale liquor sales. She 36 clarified the City would not be taking any action regarding this request at this meeting. 37 38 Mayor Gamache stated the City Council acknowledges the receipt of a written request from Wal- 39 Mart to extend the deadline for the Conditional Use Permit regarding the Off -Sale Liquor Sales 40 at the proposed Wal -Mart location. 41 42 43 DISCUSS ACCESSORYSTR UCTURE BUILDING PERMIT1304 7 173 RD LANE NW 44 Regular Andover City Council Meeting Minutes —August 21, 2012 Page 18 1 City Engineer Berkowitz stated property owner Boyd Barrott, represented by his Attorney James 2 Neilson, are appealing to the City Council to allow a detached garage structure to be constructed. 3 Mr. Barrott applied for a permit May 2, 2012. Engineering staff reviewed the low floor 4 elevation of the structure and notified Mr. Barrott verbally and by letter that the low floor 5 elevation would need to be raised to meet one of the two options. The options identified were to 6 set the low floor or lowest opening of the structure at an elevation equal to or higher than his 7 existing garage elevation or have a registered Civil Engineer conduct a hydrological evaluation to 8 determine the surface elevation resulting from a 100- year /10 -day runoff or the 100- year /10 -day 9 snowmelt, whichever is more restrictive for the wetland on and adjacent to the property and set 10 the low floor 2 -feet above that elevation. The third option presented would be for Mr. Barrott to 11 wait until the City completes the road design for 174` Avenue/Heather Street/173rd Lane and set 12 the low floor based on the projected hydrological elevation. The applicant is appealing those 13 requirements to the City Council and would like the Council to direct the Building Official to 14 approve the permit as submitted. If the City allows a lower elevation it must still go through the 15 permit and approval process of the Lower Rum River Watershed Management Organization. 16 17 Mayor Gamache clarified the Lower Rum River Watershed Management Organization has not 18 looked at this but if the City approves a building permit then they will need to look at it. 19 20 City Engineer Berkowitz stated each city is responsible to care for their own items within their 21 city. If the City makes a decision that goes against the Lower Rum River Watershed then it 22 would need to be reviewed by the Board. 23 24 Councilmember Knight asked how much the property would have to be built up. 25 26 City Engineer Berkowitz stated Mr. Barrott would need to raise the property 2.53 -feet to match 27 the existing garage elevation. 28 29 Councilmember Knight asked if the shed could be moved and the proposed detached garage 30 located in this area. 31 32 City Engineer Berkowitz stated the shed could be moved. 33 34 Councilmember Trade stated the City limits the amount of detached garage permitted. She asked 35 why the existing garage was considered attached. 36 37 City Engineer Berkowitz stated the existing garage is considered attached because there is a 38 screened porch connecting it to the house. 39 40 Councilmember Howard asked if the road, proposed to be constructed next year, would be at an 41 elevation of 891.9 -feet. 42 43 City Engineer Berkowitz stated the road elevation is considerably lower. The applicant has 44 stated if the building floods at the proposed level then the road would be flooded as well. The Regular Andover City Council Meeting Minutes —August 21, 2012 Page 19 City's obligation through the Code is to protect the structure from flooding. It is not likely the road will be raised above this elevation during the reconstruction. 4 Mr. James Neilson, Attorney at Law, 118 East Main Street, Anoka, representing Mr. Boyd 5 Barrott, 3047 173rd Lane NW, Andover, stated there is no opposition from residents regarding 6 this structure. There is an existing garage that had been constructed in 2005 based on permit that 7 had been approved by the City of Andover. This structure has a 7 -foot basement that lowers the 8 elevation of this existing structure from 897.15 -feet to 890.15 -feet. This elevation is less than 9 the 894.8 -foot elevation of the proposed detached garage. The applicant has not had problems 10 with water in his existing garage. The street is 3 -feet lower than the proposed elevation as well. 11 The applicant is willing to provide a City with a waiver of liability to the City. 12 13 Councilmember Bukkila stated just because the City approved the previous plan does not mean 14 the City should not comply with the ordinances and requirements the City has for this plan. 15 16 Councilmember Howard clarified the applicant had a signed and stamped plan from the City. 17 City Engineer Berkowitz stated that this was an approved plan and stamped by the City. 18 19 Councilmember Howard asked where the garage doors would be located in the proposed garage 20 21 Mr. Boyd Barrott, 3047 173rd Lane NW, Andover, stated in order to construct the garage at the 22 elevation required by the City he would have to tear out the concrete driveway he has in place. 23 The garage doors are proposed to face the current concrete driveway. 24 25 Councilmember Howard stated the 894.8 -foot elevation is lower than the existing driveway 26 elevation. He asked how the applicant planned to keep water out of the detached garage. 27 28 Mr. Barrott stated the contractor explained a sloped ramp would need to be constructed and there 29 would not be a garage door on the upper portion of the garage. There will be a 6 -foot dipped 30 apron so the water would run down away from the garage and a ramp will go up into the garage. 31 32 Councilmember Howard stated he has not seen these types of systems work for water drainage. 33 34 Mr. Barrott stated Applicant — only using for storage 35 36 Councilmember Bukkila stated it is the City's job to protect the applicant's interest in the 37 property and the interest of future owners. Mr. Barrott cannot waive future owner's rights and in 38 their best interest the policies and procedures in place should be followed. 39 40 Mr. Neilson stated a proper waiver that is recorded a property owner could give away the rights. 41 of future owners similar to a restrictive covenant. 42 43 Councilmember Knight stated he would be more flexible due to the unexplained circumstances. 44 He asked if the shed could be moved to be located where the shed is currently located. Regular Andover City Council Meeting Minutes —August 21, 2012 Page 20 1 2 Mr. Barrott stated the shed would be removed once the garage is built but it is not suitable for 3 building this structure. 4 5 Councilmember Howard stated upon review of the property the proposed garage and formwork 6 did not match. He asked for clarification on where the garage would be located. 7 8 Mr. Barrott stated there is about 4 -5 -feet between the existing garage and proposed garage. 9 10 Mr. Neilson stated the applicant has submitted the topographical survey with all the buildings 11 located. 12 13 Councilmember Trude stated the road is 3 -feet lower than the proposed garage elevation. She 14 asked if the survey showed current conditions. 15 16 Mr. Barrott stated fill had been brought in for the proposed garage area. 17 18 Councilmember Trude asked if there would be a hardship in raising the elevation to meet the 19 requirements. 20 21 Mr. Barrott stated he would need to raise it 18- inches and this because of the slope of the existing 22 concrete driveway he would have to replace this to make it match. 23 24 Motion by Councilmember Knight, Seconded by Councilmember Trude to Approve the Appeal 25 of the Applicant Contingent Upon Receiving a Waiver of Liability for Both Garages From the 26 Applicant. 27 28 Councilmember Howard stated he would not support this request. He does not believe the 29 elevation of the driveway and the new garage will work. 30 31 Councilmember Trude stated this the unique circumstance that would distinguish this request 32 from other future requests is there were City approved plans that included a lower level that is 33 lower than the elevation of the proposed structure. The other unique circumstance this property 34 has is the proposed structure has a higher elevation than the existing road. She recommended the 35 applicant provide a waiver for both the proposed structure and the existing garage. 36 37 Mr. Neilson stated the applicant would agree to this. 38 39 Community Development Director Carlberg stated the City has regulations on the amount of 40 garage space allowed on a property. In order for the applicant to comply with these regulations 41 both accessory sheds would need to be removed from the property upon issuance of the building 42 permit for the garage. 43 44 The motion as amended by the addition of requiring a waiver of liability for both the existing and Regular Andover City Council Meeting Minutes — August 21, 2012 Page 21 proposed garages was called to a vote. The motion carried, 3 -ayes, 2 -nays ( Bukkila, Howard) 4 APPROVE FEE ORDINANCE NO. 420 Councilmember Bukkila asked if the charge for helmet rental should be removed. She stated if people had to pay for the helmet they would be less likely to get one. She suggested this be included in the price of the skate rental. 10 Mayor Gamache asked if the City would be purchasing the helmets and if it was mandatory to 11 wear a helmet on the ice. 12 13 Councilmember Howard stated he would recommend approving the fees as proposed. 14 15 City Administrator Dickinson stated helmets are not required on the ice, but recommended. 16 17 Councilmember Trude stated she would go with the recommendation of the Community Center 18 Advisory Commission. 19 20 Councilmember Knight asked if there were liability issues by not requiring helmets on the ice or 21 by proving helmets and someone gets hurt. 22 23 City Attorney Baumgartner stated people skate at their own risk. The City is taking additional 24 steps to prevent additional harm by offering the helmets. 25 26 Motion by Councilmember Trude, Seconded by Councilmember Knight to Approve Fee 27 Ordinance No. 420 as Presented. The motion carried 4 -ayes, 1 nay ( Bukkila). 28 29 30 RECEIVE UPDATE ON GREY OAKS HOMEO WNERS ASSO CIA TION DOCUMENTS 31 32 City Attorney Baumgartner stated he had reviewed a number of documents regarding the Grey 33 Oaks project including the original motions of approval for this association, the original 34 association documents, articles and by -laws, the Grey Oaks Declaration and the amended 35 declarations. He stated the original declaration for Grey Oaks Association included lots that 36 would be required to meet the senior housing age restriction requirements under the law. In the 37 original and amended declaration, under Article 2, Section M, the Association granted to the City 38 and identified the City as a third party beneficiary to enforce the senior housing age restriction. 39 This is saying in the event the Association fails or neglects to enforce such age restrictions, the 40 City itself, as a third party beneficiary of the age restriction covenants, may after 30 -days written 41 notice to the Association take appropriate legal steps to enforce the age restriction by injunctive 42 relief or eviction proceedings. The City status, as a third party beneficiary, of any such senior 43 housing restrictive covenants in any standing derived from such third party beneficiary status 44 may not be altered, modified, or terminated without the express written consent of the City. In Regular Andover City Council Meeting Minutes —August 21, 2012 Page 22 1 the original and amended declarations there was also a requirement of a 67% vote for of unit 2 owners and mortgagees before there could be any amendments to the declarations themselves. 3 These two points have changed with the new documents that have come out. The Association is 4 attempting to sever out certain portions of the properties to create two (2) separate associations. 5 They want to separate the multi - family buildings from the association. The thing that appears to 6 be consistent in both the existing association and the new association that would be created is 7 that all the units would be subject to the senior age restriction and requirements. What is missing 8 from the new association documents is the language pertaining to the City as a third party 9 beneficiary and the vote requirements to change these declarations. The removal of the City's 10 status and identification as a third party beneficiary should not be allowed because this violates 11 the original declaration. He stated several of the issues the residents are facing are personal and 12 private in nature and the City has no ability to step in but the City is entitled to respond to the 13 association relative to the new proposed documents and object because they omit the City as a 14 third party beneficiary as set forth in the original declarations. He recommended the City 15 consider sending a letter with this objection. The 80/20 split is confusing and is difficult to 16 identify how this number is figured. The new proposed documents do have consistent language 17 as required by State law and the USC Federal law for senior housing complexes. At this time he 18 does not have the information regarding the residents and would not be able to determine if the 19 80/20 split is being met. He suggested the Council direct him to send a letter noting the 20 objection to the omission of the City as a third party beneficiary. This will raise the possibility of 21 the City needing to protect its interest which means it may want to consider. He recommended 22 the Council continue additional discussions during a future closed session. 23 24 Councilmember Trude clarified the same senior housing language was being used throughout the 25 proposed documents that was used in the current documents. 26 27 City Attorney Baumgartner stated the same senior housing language was used. 28 29 Councilmember Trude stated according to HUD you do not have to belong to an association to 30 be senior housing. It is the policies, practices, and regulations that define it as senior housing. 31 She expressed concerns that Mr. Windschidlt continues to market this property on Craigslist and 32 they may exceed the 20% limit of under 55 -years old. If a violation occurs this could affect the 33 whole community. The community had an interest in this project be maintained as senior 34 housing. She recommended additional discussion at the next closed session. 35 36 City Attorney Baumgartner stated there is an overlap in what the City would look at as a potential 37 litigation standpoint and what the residents would need to do to protect them. In order for the 38 City to pursue its legal remedies it needs to have standing and it needs to have some type of 39 remedy that it is seeking. The remedy may not coincide with what the residents want to see 40 accomplished. It was recommended the residents seek their own legal advice and information 41 about what rights they may have. 42 43 Councilmember Trude supported the City Attorney notifying the Board that the City has 44 concerns upon reviewing the documents that the City's identification and status as a third party Regular Andover City Council Meeting Minutes — August 21, 2012 Page 23 1 beneficiary has been removed. She asked if it would be timely to ask the City Attorney to notify 2 the Board that the City Council would like to see the Board maintain the senior housing by 3 ensuring they are doing censuses and keeping track of the percent rented to seniors. 4 5 City Administrator Dickinson suggested the Council authorize the City Attorney to send a letter 6 to the Board notifying them of the City's concerns and copy Anoka County. A closed session 7 will be scheduled for September 4, 2012 for additional discussion. Staff can request verification 8 of the current status and what the current census shows. These are documents the City requests 9 from other organizations. 10 11 Mayor Gamache requested this information be broken down for each building not the community 12 as a whole. 13 14 Councilmember Trude stated it appears the management company does not understand the goal 15 of the City in maintaining the whole project as a senior community. 16 17 Councilmember Bukkila stated there is misunderstanding on what the intent of the 80/20 split 18 was for. This is not so developers can market 20% of the property to who ever they want. This 19 was intended to protect heirs so they would have adequate time to deal with the property. 20 21 Consensus of the City Council was to authorize City Attorney Baumgartner to send a letter to the 22 Grey Oaks Association Board regarding their concerns and to schedule additional discussions for 23 a closed session on September 4, 2012. 24 25 26 ADMINISTRATOR'S REPORT 27 28 None. 29 30 31 MAYORICOUNCIL INPUT 32 33 None. 34 35 Mayor Gamache recessed the regular City Council meeting at 11:23 p.m. to a closed session of 36 the City Council to discuss Public Works Union Negotiations, Property Negotiations for PID 37 #11- 32 -24 -32 -00011 11- 32 -24 -31 -0001, and 11- 32 -24 -24 -0001, and Property Negotiations for 38 PID #29- 32 -24 -44 -0002. 39 40 The City Council reconvened at 11:38 p.m. 41 42 43 ADJOURNMENT 44 Regular Andover City Council Meeting Minutes — August 21, 2012 Page 24 Motion by Councilmember Howard, Seconded by Councilmember Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 11:39 p.m. Respectfully submitted, Tina Borg, Recording Secretary Regular Andover City Council Meeting Minutes —August 21, 2012 Page 25 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — AUGUST 21, 2012 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 2 APPROVAL OF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Order Improvement/Order and Approve Plans and Specifications /Order Advertisement for Bids /07- 20/Parkside at Andover Station 3`a Addition .......................... 2 Item 4 Approve Change Order #1 /11 -10 -South Coon Creek Drive NW Reconstruction........ 2 Item 5 Award Quote /17 -7 and 12- 12/2012 Trail Maintenance and 2012 Parking Lot Maintenance......................................................................................... ............................... 2 Item 6 Accept Petition/Order Feasibility Report/12- 32/2118/2120 —140fl' Lane NW/WM.... 2 ltem7 App -eve Foe Or4iaa*eeNe. 400 ................................................... ............................... 2 Item 8 Approve Application for Exempt Permit/Andover Lions ............. ............................... 2 Item 9 Accept Contributions /Sweet Toppings LLC/Hickory Meadows Park .......................... 2 ANOKA COUNTY SHERIFF'S MONTHLY REPORT ................................ ............................... 3 CONSIDER PRELIMINARY PLAT/WAL -MART OF ANDOVER STATION /1851 BUNKER LAKE BOULEVARD NW — WAL -MART REAL ESTATE TRUST ...... ............................... 3 CONSIDER CONDITIONAL USE PERMIT /OFF -SALE LIQUOR AND OUTDOOR DISPLAY, STORAGE, AND SALES /1851 BUNKER LAKE BOULEVARD NW — WAL- MART REAL ESTATE TRUST ............................................................... ............................... 11 DISCUSS ACCESSORY STRUCTURE BUILDING PERMIT /3047 173RD LANE NW........... 17 APPROVE FEE ORDINANCE NO. 420 ...................................................... ............................... 21 RECEIVE UPDATE ON GREY OAKS HOMEOWNERS ASSOCIATION DOCUMENTS ... 21 ADMINISTRATOR'S REPORT ................................................................... ............................... 23 MAYOR/COUNCIL INPUT ......................................................................... ............................... 23 • 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 FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: September 4, 2012 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $4,347.54 on disbursement edit list #1- 3 from 08/17/12 — 08/29/12 have been issued and released. Claims totaling $671,550.14 on disbursement edit list #4 dated 09/04/12 will be issued and released upon approval. BUDGET IMPACT The edit lists 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 $675,897.68. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists a aw ©may V1 N v w x x a ¢ ¢ O N d U N U o i N N 0 0 Q N N r n U yJ pp E O O i. 63 %1 O d a r � � N 94 N ON Cn Z ¢ c ¢ � U = 2 o ° V V •0 � ti � w F' V4 5: U C L 4i a L U G z U V C Q L G u C T r. a N w d p W EA U M U .+ N � � O O' O U N V] N v s O U o N O N O N 00 0 0 G Q 0 z u u .C. c 4 C-0 C � N r Q � w v � T c, m c � O U v°i 4 U ti a a i K Y d ti F X V U 0 E z O F 00 F a C M 0 N N 0 0 C T 0 O Py. U a E U Q 0 O 'O Q% Y v, a Al O M � N ON � ac C N � U O U C L 4i a L U G z U V C Q L G u C T r. a N w d p W EA U M U .+ N � � O O' O U N V] N v s O U o N O N O N 00 0 0 G Q 0 z u u .C. c 4 C-0 C � N r Q � w v � T c, m c � O U v°i 4 U ti a a i K Y d ti F X V U 0 E z O F 00 F a C M 0 N N 0 0 C T 0 O Py. U a E U Q 0 - M� \ \ k (\ ! » f /\ � [ 3 . z \ ` ` 7 { \ � CR t \ j © 0 y . ow \a \ j � z \ § \ a - j A a a Q y U N F'MYM v v a'Oi U C w W U L V H Qi Q Q Q L N O N O V O O O O O Q U a U v U v a v v v A O O O O O O O N N N hl N N N G O O O O O O O T d: N N V CC G\ G1 V h h vl C\ G1 Q V V O CD ti a O � a U � O y C w M O x a o o A Q U M U U F F O w v° °o o x > v V] U > A v N E o = o to `o aci o u o V O a ? m v E E E E E E U tC T Y • "! L 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 Administrato FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Declare Cost /Order Assessment RolU11- 40/133`d Avenue NW Reconstruction - Engineering DATE: September 4, 2012 INTRODUCTION The City Council is requested to declare costs and order preparation of the assessment roll for Project 1I- 40, 133`d Avenue NW Reconstruction. DISCUSSION Reconstruction of 133`d Avenue NW is complete. Final construction costs are $582,888.25, final indirect costs are $46,537.17 for a total project cost of $629,425.42 This was a joint project with the City of Coon Rapids. The City of Andover Engineering Department prepared the plans and specifications, provided construction inspection and project administration. All project related costs are split evenly with the City of Coon Rapids. The City of Andover costs are $317,110.60 (which includes sign replacements on the Andover side and City related administration costs) and the City of Coon Rapids final cost is $314,712.71. Two properties within Andover are being assessed at a flat rate of $1,500.00 per lot. BUDGETIMPACT The project costs are to be funded through the City's Road and Bridge Fund, Municipal State Aid Funds and special assessments to properties fronting along the improvements. Project costs have been split as identified above and shown on the final assessment worksheet. ACTION REQUIRED The City Council is requested to approve the resolution declaring costs and directing the preparation of the assessment roll for Project 11 -40, 133`d Avenue NW Reconstruction. Respectfully submitted, ��. David D. Berkowitz Attachments: Resolution, Final Assessment Worksheet (including Final Quantities) & List of Assessed Properties ✓ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11 -40, 133RD AVENUE NW RECONSTRUCTION, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $ 582,888.25, the expenses incurred or to be incurred in the making of such improvement amount to $ 46,537.17, so that the total project costs of the improvement are $ 629,425.42. 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 317,110.60, and the amount to be assessed against benefited property owners is declared to be $ 3,000.00 2. Assessments shall be payable in equal annual installments extending over a period of 8 years. The first of the installments to be payable on or before the 1 st Monday in January 2013, and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 4th day of September , 2012, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER Michael R. Gamache - Mayor FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: 133rd Avenue NW Project No.: 11.40 Reconstruction SAP 198 - 109 -004 & 114 - 112 -003 Feasibility Report Contract Award Actual Construction Cost Actual Expenses Engineering /Inspection Consulting Costs Advertising Permit and Review Fees Material Testing Construction Interest Total Expenses Expenses Multiplier Total Project Cost Date: 2/5/12 Date: 5/1/12 Assessment Amount: 2 units @ $15001 unit City Costs IStreet Signs (Materials and Labor) Administration Costs Costs Assessment Amount: 3 units @ $15751 unit City Costs Amount: $ 703,830.00 Amount: $ 608,897.80 Amount: $ 582,888.25 $ 39,794.04 $ 1,016.58 $ 481.75 $ 550.00 $ 2,664.50 $ 2,030.30 $ 46,537.17 7.98% Amount: $ Feasibility Estimate $3,000.00 $391,145.00 $394,145.00 $2,500.00 $396,645.00 Feasibility Estimate $4,725.00 $389,420.00 $394,145.00 629,425.42 Actual Costs $3,000.00 $311,712.71 $314,712.71 $1 Actual Costs $4,725.00 $309,98711 $314,712.71 Final Assessment Worksheet 133rd Avenue NW Reconstruction (SAP 198- 109 -004 & 114 - 112 -003) 8/15/2012 Final Payment Quantities - I RUM RIVER CONTRACTING Notes: 1. Item shall include sawcutting curb and gutter. Contractor shall protect yards behind curb as much as possible. 2. Item shall be used if unsuitable materials are encountered during construction. 3. Contractor shall reclaim approx. 3.5" of existing bituminous and 5" of existing aggregate base and make a uniform blend. 4. Item shall be used to haul out and stockpile excess material at the City of Andover Public Works yard, or at other areas within Andover located at similar haul distances as directed by the Engineer in the field. 5. Item shall be for re- grouting existing adjusting rings in existing structures. 6. Includes new concrete adjusting rings. 7. Includes new concrete adjusting rings and in£- shield. 8. For temporary installation on sanitary and stonn manholes. 9. Quantities and cost split is 50150 between SAP 198 - 109 -004 and SAP 114 -112 -013 BID AMOUNTS ACTUAL AMOUNTS bNITAN RY gICE - Y A , Tf c,..�C a . - .'ATE} e�'11101INT, e 1 2021.501 Mobilization LS 1 $12,000.00 $12,000.00 1.00 $12,000.00 2 2102.502 Pavement Marking Removal - Permanent LF 200 $1.00 $200.00 153 $153.00 1 3 2104.501 Remove Curb & Gutter LF 1,260 $2.20 $2,772.00 1,258 $2,767.60 4 2104.501 Remove Sewer Pie Storm LF 32 $6.00 $192.00 16 $96.00 5 2104.503 Remove Concrete Pavement SF 1,500 $1.00 $1,500.00 1,322 $1,322.00 6 2104.503 Remove Sidewalk SF 2,400" $1.00 $2,400.00 1,799 $1,799.00 7 2104.503 Remove Bit Pavement SF 2,240 $1.00 $2,240.00 2,449 $2,449.00 8 2104.509 Remove Drainage Structure EA. 2 $250.00 $500.00 2 $500.00 9 2104.513 Sawing Bit Pavement (Full Depth) LF Soo $2.10 $1,680.00 605 $1,270.50 10 2104.523 Salvage Casting EA 30 $40.00 $1,200.00 32 $1,280.00 2 11 2105.507 Sub grade Excavation CY 170 $8.00 $1,360.00 . 42 $336.00 12 2105.525 Select Topsoil Borrow (LV) CY 70 $15.00 $1,050.00 60 $900.00 13 2232.501 Mill Bituminous Surface 2.0" SY 90 $12.00 $1,080.00 90 $1,080.00 3 14. 2331.604 Bituminous Pavement Reclamation P) SY 26,005 $0.72 $18,723.60 26,005 $18,723.60 4 15 2331.607 Haul Bit Pavement Reclamation (LV) CY 4,300 $6.03 $25,929.00 4,162 $25,096.86 16 2357.502 Bituminous Material For Tack Coat Gal 1,300 $2.50 $3,250.00 750 $1,875.00 17 2360.501 Type SP12.5 Wearin Course Mixture 2,C) TN 7,650 $59.95 $458,617.50 7,221 $432,898.95 18. 2503.541 12" RC Pipe Sewer DES 3006 CL V LF 8 $24.00 $192.00 0 $0.00 19 2503.541 18" RC Pipe Sewer DES 3006 CL V LF 16 $28.00 $448.00 16 $448.00 20 2503.541 21" RC Pipe Sewer DES 3006 CL III LF 8 $35.00 $280.00 0 $0.00 21 2504.602 Adjust Valve Box EA- 21 $190.00 $3,990.00 22 $4,180.00 6 22 2506.602 Install Catch Basin Casting EA 11 $70.00 $770.00 12 $840.00 7 23 2506.602 Install Manhole Casting EA 19 $470.00 $8,930.00 20 $9,400.00 24 1 2506.602 Construct Drainage Structure, Type 421 -48" Dia EA 2 $1,980.00 $3,960.00 2 $3,960.00 25 2506.602 Connect Into Existing 12" RCP Storm Sewer EA 1 $200.00 $200.00 1 $200.00 26 2506.602 Connect Into Existing 18" RCP Storm Sewer EA 2 $200.00 $400.00 2 $400.00 27 2506.602 Connect Into Existing 21" RCP Storm Sewer EA 1 $200.00 $200.00 1 $200.00 5 28 2506.602 Grout Catch Basin or Manhole EA 15 $100.00 $1,500.00 15 $1,500.00 29 2531.501 Concrete Curb & Gutter Design B618 L.F. 1,260 $14.50 $18,270.00 11554 $22,533.00 30 2531.618 Concrete Pedestrian Curb Ramp SF 2,400 $3.60 $8,640.00 2,253 $8,110.80 31 2531.618 Truncated Domes SF 176 $30.00 $5,280.00 176 $5,280.00 32 2563.601 Traffic Control LS 1 $5,500.00 $5,500.00 1.00 $5,500.00 33 2565.602 NMC cop Detector 6'x 6' EA 7 $840.00 $5,880.00 7 $5,880.00 34 2573.530 Storm Drain Inlet Protection EA 30 $70.00 $2,100.00 30 $2,100.00 35 2573.602 Temporary Rock Construction Entrance EA 2 $200.00 $400.00 2 $400.00 8 36 2573.602 Sediment Control Barrier EA 19 $70.00 $1,330.00 20 $1,400.00 37 2575.502 Seed Mixture 260 LB 6 $5.00 $30.00 12 $60.00 38 2575.604 Seeding SY 350 $2.00 $700.00 620 $1,240.00 39 2582.501 Pvmt Mss (LT -Thru Arrow) - Paint EA. 1 $95.00 $95.00 1 $95.00 40 2582.501 Pvmt Mssg Left Arrow -Paint EA. 1 $55.00 $55.00 1 $55.00 41 2582.501 Pvmt Mss (Right Arrow) - Paint EA. 2 $55.00 $110.00 2 $110.00 42 2552.502 4" Double Solid Line Yellow - Paint LF 1,525 $0.18 $274.50 1,537 $276.66 43 2582.502 4" Solid Line White - Paint LF 10,020 $0.085 $851.70 9,655 $820.68 44 2582.502 4" Broken Line Yellow - Paint LF 3,875 $0.18 $697.501 620 $111.60 45 2582.502 18" Solid Line White - Paint LF 200 $3.00 $600.00 204 $612.00 46 2582.503 Crosswalk Marking - Paint SF 1,260 $2.00 $2,520.00 1,3141 $2,625.00 A.c. YA`. aln i�Al, -i J d .fy'� � N- }!�,r�S�'i !tlIL�+xY1�nN.: $608,897.80 $582,888.25 Notes: 1. Item shall include sawcutting curb and gutter. Contractor shall protect yards behind curb as much as possible. 2. Item shall be used if unsuitable materials are encountered during construction. 3. Contractor shall reclaim approx. 3.5" of existing bituminous and 5" of existing aggregate base and make a uniform blend. 4. Item shall be used to haul out and stockpile excess material at the City of Andover Public Works yard, or at other areas within Andover located at similar haul distances as directed by the Engineer in the field. 5. Item shall be for re- grouting existing adjusting rings in existing structures. 6. Includes new concrete adjusting rings. 7. Includes new concrete adjusting rings and in£- shield. 8. For temporary installation on sanitary and stonn manholes. 9. Quantities and cost split is 50150 between SAP 198 - 109 -004 and SAP 114 -112 -013 Ci OY ion u e9 b N f Nf KO `N o� ao Qc0 c f C Z O v �o 2 N O w c Z a w $ O Z O Q OmJ 9 r N Exhibit 4 O O O O O C W 00 mYlh V N a N N ¢ 0 0 O O O 9N y O O n n r m E U� W� m m m N N N wa I A N 20 O a° fT C y N J ff) w mmm N N m cc m m zzz umin zmm z z N N N y cL cL 9 a 9 9 j j a o 0 0 Y ¢Q ouo " 33 333 o z zzz y N W N W N c c c c c Q Q ¢ Q Q a m m m mom mm m m mm f W n O m m N r V r m Y m n r n mmm °ee e 0 � 00 n zzz z a_a_a_ N 9 > > K a d o o c c c G a s o o W `m Q Q 0 J 3 33 333 o z zzz N N W N N Q ¢ Q ¢ Q a 9 a a a f+`I mm m mmm mn omm m n a r 11 m e m n n r N v c Z p °t N C 0 E � o m H O - d n a+ o 0o r ` o i jo iw w 0 w °z m 1t>0-0: N 0 N N N Exhibit 4 ! 1 17, C I T Y 0 F A 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 Administrato FROM: David D. Berkowitz, Director of Public orks /City Engineer SUBJECT: Award Quote /11- 48/Well 7 - Engineering DATE: September 4, 2012 INTRODUCTION This item is in regard to awarding the quote for Project 11 -48, Well 7 /Sand Issue. DISCUSSION Rehabilitation for wells throughout the City is identified each year in the City's Capital Improvement Plan. Consistent rehabilitation is critical for the maintenance and production of the City's Municipal Water System. City Municipal Well 6 screen and filter pack have been installed and the test pumping has revealed that with the screen the well will pump 1100 gallons per minute sand free compared to a 800 gallons per minute prior to the screen installation. With the success of Well 6 staff recommends moving forward with the same process for Well 7. Quotes were received to install a screen and filter pack for Well 6 and the results are as follows: Contractor Quote Amount Keys Well Drilling Company $66,740.00 Mark J. Traut Wells Inc. $71,523.00 Staff is recommending that the quote be awarded to Mark J. Traut Wells Inc. based on the screen design and how that design is more beneficial for future maintenance. Refer to the attached Engineer Consultants recommendation for more details. BUDGET IMPACT Well rehabilitation is funded by the Water Fund. Funds for well rehabilitation from 2011 were carried forward ($80,000) and the 2012 budget identifies $60,000. The total budget for well rehabilitation in 2012 is $140,000. Well 6 final costs will be approximately $65,000 with $75,000 remaining for Well 7. ACTION REQUIRED The City Council is requested to approve quotes and award the quote to Mark J. Traut Wells, Inc. in the amount of $71,523.00 for Project 11-48/ Well 7 /Sand Issues. Respectfully submitted, rT:)WJ�Vzo- c David D. Berkowitz ' . Attachments: Engineering Consultants Recommendation & Quotes Dave Berkowitz From: Greg Johnson [gregjo @bolton- menk.com] Sent: Thursday, August 23, 2012 2:49 PM To: Dave Berkowitz; Brian Kraabel Subject: Recommendation of Award - Andover Well No. 7 Screen Attachments: Keys Quotation.pdf; Traut Quotation.pdf Dave and Brian, Please find attached two quotations from Traut Wells and Keys Well Drilling for installing a well screen and gravel pack inside Well No. 7. Keys Well Drilling submitted a quotation of $66,740 and Traut Wells submitted a quotation of $71,523. We requested the contractors to submit a diagram of their proposed K- Packer design with their quotation. We have concerns with the K- Packer design submitted by Keys Well Drilling. Their design includes two insertion holes through the K- Packer for allowing a tremie pipe to be inserted for installing gravel pack around the screen. Because Well No. 7 is developed into a soft sandstone formation, there is potential that additional gravel pack may need to be installed around the screen in the future. This is why our specifications required the K- Packer to be designed to allow installation of gravel pack in the future through the top of packer and into the annular space located between the screen and the casing. Unlike the K- Packer design submitted by Traut Wells, Keys Well Drilling's proposed design consists of two open holes on the top of the K- Packer. These open holes could have potential to allow sand to flow through them when the well is being pumped. Jeff Keys explained that they could install check valves inside the holes to provide a design that is similar to Traut's K- Packer design, but they have no prior experience using check valves on a K- Packer. We have serious concerns about trying a new K- Packer design for the first time in Well No. 7 because any problems in the future, if experienced, could be very costly to repair. Therefore, we recommend that the City accept the quotation and K- Packer design from Traut Wells. Traut Wells' K- Packer has been used successfully in many wells, including the City's Well No. 6. Please contact me if you have any questions. Regards, G reg Greg F. Johnson, P.E. Bolton & Menk, Inc. Consulting Engineers & Surveyors 2035 County Rd D East, Suite B Maplewood, MN 55109 -5314 Phone: (651) 704 -9970 ext. 2854 Fax: (651) 704 -9971 M:(651)968 -6310 email: arecaio(a)bolton- menk.com www.bolton- menk.com DESIGNING FOR A BETTER TOMORROW August 13, 2012 RE: City of Andover, Minnesota Request for Quotation Well No. 7 Screen Installation City Project No. 11 -48 BMI Project No. M21.104155 Mr. David Traut Mark J. Traut Wells 141 28'h Ave. So. Waite Park, MN 56387 The City of Andover, Minnesota is soliciting quotations to furnish and install a stainless steel well screen in Well No. 7 in accordance with the attached specifications and drawing detail. Quotations will be received by the City of Andover until 11:00 AM on August 10h, 2012 for the following items. Quotations must include a diagram and explanation of the Contractor's proposed K packer design and gravel pack installation method. Screens without gravel pack material installed outside of the screen will not be allowed. The work shall be completed by October 31", 2012. Item Item Unit Est' Unit Cost Estimated No. Quantity Price 1 Mobilization and demobilization L.S. 1 7 , 000.0 -7,000.00 2 Remove existing well pump L.S. 1 , 0.00 1 500.00 Disassemble and inspect bowl assembly and 3 column pipe and reassemble bowl assembly L.S. 1 350.00 350.00 and column pipe 4 Furnish and install 10 -inch die. black steel L.F. 40 63.00 2,250. . 00 column pipe (Sch. 40) to existing column pipe 5 Fumish and install 1.5 -inch shaft (416 SS) to existing pump shaft L.F. 40 56.00 2,240.00 6 Furnish and install 10 -inch dia. bronze spiders EA 4 with inserts 180.00 720.00 7 Reinstall well pump (City to grout pump base) L.S. 1 1,500.00, 1, 500.00 8 Furnish and install 18-inch (16.1 -inch O.D.) L.F. 136 telescoping stainless steel well screen 293.00 39,848.00 9 Install and remove tremie pipe for gravel pack L.S. 1 installation 485.00 485.00 10 Furnish and install American Materials Filter C.F. 300 18.00 5,400.00 Pack No. 40 11 Furnish and install 24 -inch stainless steel Figure K packer L.S. 1 2,480.00 2 , 480.00 Furnish, install, and remove temporary 1,500 12 gpm minimum, tests pump, including power L.S. I 2,600.00 2 , 600.00 supply 13 Furnish and install temporary discharge piping L.F. 650 $ -.2.50 $ 1, 625.00 sized for I,S00 gpm 14 Water jetting and backwash gravel pack into Hour 8 85.00 680.00 place 15 operate test pump and collect pumping water Hour 8 125.00 1, 000.00 levels, specific capacity, and sand content 16 Remove accumulated sand from bottom of L.S. 1 150.00 150.00 screen 17 Video taping after screen and packer L.S. 1 1,300.00 1, 300.00 installation 18 Disinfection L.S. 1 125.00 125.00 Total Estimated Quotation Price 1. $ 71 523.00 SUBMITTED: By:, IA \\M) Autliorized Signature Date Please return your quote to the following: Mr. Brian Kraabel Public Utilities Manager City of Andover 1685 Crosstown Blvd NW Andover, Minnesota 55304 -2612 Please contact Greg Johnson at (651) 704.9970 if you have any questions. Sincerely, Ape Greg eJohns on, PE Senior Project Manager A Enclosures and Attachments c: Dave Berkowitz, City of Andover Brian Kraabel, City of Andover RIfft" I TfMUT 141 28th Ave. S Waite Park MN 56387 DATE SHEET NO. csx4eggig wl%LLs Phone: 320451w5090 Fax-, 320-259-0494 PROJECT NAME DRAWING ICHECKED SUBMITTED PROJECT NUMBER mv 8v ITO SUBJECT DATES �j DATE! DATE_ It p4e I7r2 777- rF it August 13, 2012 Mr. Jeff Keys Keys Well Drilling Company 1156 Homer Street St. Paul, MN 55116 -3232 RE: City of Andover, Minnesota Request for Quotation Well No. 7 Screen Installation City Project No. 11-48 BMI Project No. M21.104155 The City of Andover, Minnesota is soliciting quotations to furnish and install a stainless steel well screen in Well No. 7 in accordance with the attached specifications and drawing detail. Quotations will be received by the City of Andover until 11:00 AM on August 10", 2012 for the following items. Quotations must include a diagram and explanation of the Contractor's proposed K packer design and gravel pack installation method. Screens without gravel pack material installed outside of the screen will not be allowed. The work shall be completed by October 31 ", 2012. Item Item Unit Est. Unit Cost Estimated No. Quantity price 1 Mobilization and demobilization L.S. 1 4 U0/U V, 1007 U 0 2 Remove existing well pump L.S. 1 / z6z Z25-0-- t?G1 Disassemble and inspect bowl assembly and 3 column pipe and reassemble bowl assembly L.S. I and column pipe 1 1166, yOU, 00 4 Furnish and install 10 -inch dia black steel L.F. L F 40 �J yob ©• 06 column pipe (Sch. 40) to existing column pipe 5 Furnish and install 1.5 -inch shaft (416 SS) to L.F. 40 3 7 existing pump shag 6 Famish and install 10 -inch dia. bronze spiders EA 4 with inserts / rJD 7 Reinstall well pump (City to grout pump base) L.S. 1 UU zlao, 00 8 Famish and install 18 -inch (16.1 -inch O.D.) L.F. I36 telescoping stainless steel well screen o�CS� '7�fX�p•�'i5 9 Install and remove tremie pipe for gravel pack L.S. 1 750 O o installation 10 Furnish and install American Materials Filter C.F. 300 a D o0o , 0 o Pack No. 40 11 Famish and install 24 -inch stainless steel L.S. 1 3j`D a 2.560 p Figure K packer ,0 Furnish, install, and remove temporary 1,500 12 gpm minimum test pump, including power L.S. 1 rJ.J O0 supply 13 Furnish and install temporary discharge piping sized for 1,500 gpm L.F. 650 14 Water jetting and backwash gravel pack into place Hour 8 15 Operate test pump and collect pumping water Hour 8 levels, specific capacity, and sand content /SL2 /�4Yl,PD 16 Remove accumulated sand from bottom of L.S. ] screen /jIQQ� p 17 Video taping after screen and packer L.S. I installation �SOO J SOO, fi7J 18 Disinfection L.S. 1 Total Estimated Quotation Price �p Z SUBMITTED: By: zi G 4'5 We i Aut� re Date Please return your quote to the following: Mr. Brian Kraabel Public Utilities Manager City of Andover 1685 Crosstown Blvd NW Andover, Minnesota 55304 -2612 Please contact Greg Johnson at (651) 704 -9970 if you have any questions. Sincerely, Greg T. Johnson, PE Senior Project Manager A Enclosures and Attachments c: Dave Berkowitz, City of Andover Brian Kraabel, City of Andover KEYS WELL DRILLING CO. 413 North Lexington Parkway ST. PAUL, MN 55104 -4696 Phone (612) 646 -7871 FAX (612) 641 -0216 JOB _ %rt O ye 4 .le. e..,— AJO SHEET FIFA CALCULATED BY. 222% �Z'- DATE- CHECKED BY DATE 08/13/202 w :« 61638371 JOHNSON SCREENS mE 0/02 ■ � ® ° °` ! ■ k § | � BB. m Z�\ � «■ R , ■ | || h � k �� �■ �!� �§ ■ . || � 2 o. all -c 7 | �� ■,| § ° | | � � I | L� ■ m � § E \| | ! ! 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVER.MN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public %Wo/City Engineer SUBJECT: Accept Feasibility Report/Waive Public Hearing/12- 32/2118 -2120 —140`, Lane NW /WM - Engineering DATE: September 4, 2012 INTRODUCTION The City Council is requested to accept the feasibility report and waive the public hearing for Project 12 -32, 2118/2120 — 140" Lane NW for water main. DISCUSSION The property owner recently petitioned for this improvement. The services for water along this parcel were installed under Project 11 -43, 140" Lane Water Main Improvements, but were not assessed to the property until the property owner petitioned to hook up. The lateral water main improvements were funded by CDBG therefore will not be assessed. Feasibility Report The proposed assessment for this parcel is determined as follows: Water Main Area Charge (2012 Rates) 0.344 acres x $3,640.00 per acre = $1,252.16 Connection Charge (2012 Rates) 1 units x $3,972.00 = $3,972.00 Note: If the parcel ever subdivides to create two separate units then an additional connection charge shall be paid. Lateral Charge Lateral charge was funded from CDBG funds $0.00 under Project 11 -43 Total = $5,224.16 BUDGET IMPACT The $5,224.16 would be assessed to 2118 & 2120 —140" Lane NW over a 5 year period. ACTION REQUIRED It is recommended to approve the resolution accepting the feasibility report and waiving the public hearing for Project 12 -32, 2118/2120 — 140" Lane NW for water main. Respectfully ssuubmitted, David D. Berkowitz Attachments: Resolution & Petition/WaiverW-11 cc: Lisa Johnson (sent by email) Michelle Hartner, Deputy City Clerk ►F 1'ml4.Y1� Michael R. Gamache - Mayor Michelle Hartner— Deputy City Clerk August 15, 2012 Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: We do hereby petition for improvements of watermain `sanitary sewer, storm sewer and streets (circle one or more) with the costs of the improvement to be assessed against my benefiting property. Said petition is unanimous and the public hearing may be waived. We would like to be assessed over a 5 -year period. Sincerely, A, Lisa Johnson Phone 612- 369 -5535 Property Address: 2118/2120 1401h Lane NW Andover, MN 55304 Q \DOCUME-1 \Owner\ LOCALS -1 \TEMPOR- 1 \Content.IE5\IY51 HP8D \PETITION SINGLE.doc • ' 4 .z 1 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 Pub ' ks /City Engineer FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Amend No Parking Resolution/12- 2c/147`h Avenue NW - Engineering DATE: September 4, 2012 INTRODUCTION This item is in regard to approving a resolution amending Resolution #033 -12 to restrict No Parking only on the north side of 147`h Avenue NW from 7th Avenue NW (CSAH 7) to 300 feet east of Guarani Street NW, Project 12 -2c. DISCUSSION Back on March 20`h, 2012, the City Council approved a resolution designating No Parking on both sides of 147`h Avenue as part of the reconstruction of this section street. Since there is adequate width on the south side of 147`h Avenue NW based on State Aid Standards, staff is recommending amending the resolution to allow the parking on the south side. ACTION REQUIRED The City Council is requested to approve the resolution amending Resolution #033 -12 to restrict No Parking only on the north side of 147`h Avenue NW from 7th Avenue NW (CSAH 7) to 300 feet east of Guarani Street NW, Project 12 -2c. Respectfully submitted, ;!ii HSas Attachment: Resolution, Resolution #033 -12 and Drawing CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 033 -12 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF 147TH AVENUE NW FROM 7TH AVENUE NW (CSAH 7) TO 300 FEET EAST OF GUARANI STREET NW, PROJECT NO. 12 -2c. WHEREAS, no parking will be allowed along both sides of 147th Avenue NW from 7th Avenue NW (CSAH 7) to 300 feet east of Guarani Street NW, Project 12 -2c ; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone. Adopted by the City Council of the City of Andover this 20th day of March 2012. ATTEST: Michael R. Gamache - Mayor City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 033 -12 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF 147TH AVENUE NW FROM 7TH AVENUE NW (CSAH 7) TO 300 FEET EAST OF GUARANI STREET NW, PROJECT NO. 12 -2c. WHEREAS, no parking will be allowed along both sides of 147th Avenue NW from 7th Avenue NW (CSAH 7) to 300 feet east of Guarani Street NW, Project 12 -2c ; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone. Adopted by the City Council of the City of Andover this 20th day of Mar— h 2012. P ichael R. Gar�rr ache - Mayor CL V .O L Q i" N 1Y�/7�w�±�� s. 1 `CSJL1 Uliu: @ ul- _yam �• � Y «I - � `` `+` - .. `� T ~ A r. 1. i r.1J t �+ i - -y . r._ Q U N O a _f 1� C 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 Clerk SUBJECT: Consider Approval Application for Exempt Permit/Ducks Unlimited Inc. DATE: September 4, 2012 INTRODUCTION Ducks Unlimited Inc. has submitted an application for a raffle at an event they are hosting on October 16, 2012 at the Courtyards of Andover, 13545 Martin Street NW. DISCUSSION Council can either a) approve the application with no waiting period; b) approve the application with a 30 day waiting period; or c) deny the application. ACTION REQUIRED The City Council is requested to consider approval of the application with no waiting period. Respectfully submitted, �,l 1111 t�'IA.Jv Michelle Hartner Deputy City Clerk Attach: Application MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 6/12 Page 1 of 2 An exempt permit may be issued to a nonprofit organization that: Application fee - conducts lawful gambling on five or fewer days, and If application posted or received: - awards less than $50,000 in prizes during a calendar year. less than 30 days more than 30 days If total prize value for the year will be $1,500 or less, contact before the event I before the event the licensing specialist assigned to your county. $100 $50 ORGANIZATION INFORMATION Organization name Previous gambling permit number 'C DuCK5 UtvbA;4e_d C. Minnesota tax ID number, if any Federal employer ID number (FEIN), if any Type of nonprofit organization. Check one. Fraternal Religious Veterans JRrother nonprofit .- organization Mailing address City State Zip code Count IZo� Cv r T- en 54. Ss 4/d a! n­ Xni Name of chief executiv icer CEO] Daytime hone numher E -mail add ess via G • I NONPROFIT STATUS Attach a copy of ONE of the following for proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 60 Empire Drive, Suite 100, St. Paul, MN 55103 Phone: 651 - 296 -2803 IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877- 829 -5500. - IRS - Affiliate of national, statewide, or international parent nonprofit organization [charter] If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place. Address [do not Ise PO box] City or tgwnship / Zip code County ! e Date[s] of activity. For raffles, indicate the date of the drawing. Cr'o 66-V- Y► / D Check each type of gambling activity that your organization will conduct. Bingo* X Raffle Paddlewheels* Pull -tabs* Tipboards* *Gambling equipment for bingo paper, paddlewheels, pull -tabs, and tpboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mmus and click on Distributors under the WHO IS WHO? LIST OF LICENSEES, or call 651- 639 -4000. LG220 Application for Exempt Permit 6/12 Pace 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township _The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after 30 [60 days for a 1st class city]. days. The application is denied. The application is denied. Print city name Print county name Signature of city personnel Signature of county personnel Title Date Title Date TOWNSHIP -If required by county. On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an Local unit of government must sign application, per Minnesota Statutes 349.166.] Print township name Signature of township officer Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application ` c mplete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returne I a oard within 30 days of the event date. Chief executive officer's signature r'``'� e Date "6/o 7 - Print name 6 -WAI e . _ Print form and have. CEO sign` - E.. REQUIREMENTS Reset form Complete a separate application for: Financial report and recordkeeping required - all gambling conducted on two or more consecutive days, or A financial report form and instructions will be sent with your - all gambling conducted on one day. permit, or use the online fill -in form available at Only one application is required if one or more raffle www.gcb.state.mn.us. drawings are conducted on the same day. Within 30 days of the event date, complete and return Send application with: the financial report form to the Gambling Control Board. _ a copy of your proof of nonprofit status, and _ application fee. Make check payable to "State of Minnesota." Questions? Call the Licensing Section of the Gambling Control Board To: Gambling Control Board at 651- 639 -4000. 1711 West County Road B, Suite 300 South This form will be made available in alternative format (i.e. large print, Braille) Roseville, MN 55113 upon request. Data privacy notice: The information requested on this All other information provided will be pri- General; Commissioners of Administration, form (and any attachments) will be used by the Gambling vate data about your organization until the Minnesota Management & Budget, and Control Board (Board) to determine your organization's Board issues the permit. When the Board Revenue; Legislative Auditor, national and qualifications to be involved in lawful gambling activities in issues the permit, all information provided international gambling regulatory agencies; Minnesota. Your organization has the right to refuse to will become public. If the Board does not anyone pursuant to court order; other indi- supply the information; however, if your organization issue a permit, all information provided viduals and agencies specifically authorized refuses to supply this information, the Board may not be remains private, with the exception of your by state or federal law to have access to able to determine your organization's qualifications and, organization's name and address which will the information; individuals and agencies as a consequence, may refuse to issue a permit. If your remain public. Private data about your for which law or legal order authorizes a organization supplies the information requested, the Board organization are available to: Board mem- new use or sharing of information after this will be able to process the application. Your organization's bers, Board staff whose work requires notice was given; and anyone with your name and address will be public information when received access to the information; Minnesota's written consent. by the Board. Department of Public Safety; Attorney A,q5 6,Y^ (T 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve 2013 Anoka County Sheriff Contract DATE: September 4, 2012 INTRODUCTION Each year the City Council approves the subsequent years (2013) law enforcement contract with the Anoka County Sheriff's Office as part of the annual budget process. The 2013 contract is attached for the City Council approval. DISCUSSION The 2013 City of Andover Law Enforcement proposed expenditure budget is $2,740,899 which is offset by a Police State Aid revenue budget of $122,720 and School Liaison revenue budget of $86,524 reflecting a net tax levy impact of $2,531,655. The Anoka County Sheriff's contract provides for 80 hours per day of patrol service, 6 hours per day of service provided by a Community Service Officer, a School Liaison Officer in the middle school and high school, a full -time patrol investigator, a full -time crime investigator and 50% of the costs associated with the Crime Watch Program's coordinator position. BUDGET IMPACT The contract total of $2,740,899 is contained in the City of Andover proposed 2013 Budget. ACTION REQUESTED The Andover City Council is requested to approve the attached 2013 Anoka County Sheriff's Contract. submitted, — Sheriff's Contract Andover — Cost Summaries Anoka County Contract No. 2012 -0268 LAW ENFORCEMENT CONTRACT THIS CONTRACT is made and entered into this day of 2012, by and between the County of Anoka, a political subdivision of the State of Minnesota, and the Anoka County Sheriff, hereinafter referred to as the "County," and the City of Andover, 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304, hereinafter referred to as the "Municipality," for the period of January 1, 2013, through December 31, 2013, hereinafter referred to as the "Contract Term." WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County, through the Office of the Anoka County Sheriff (hereinafter Sheriff), for the performance of the law enforcement functions hereinafter described within the corporate limits of said Municipality; and WHEREAS, the County is agreeable to rendering such services and law enforcement functions on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by Minn. Stat. §§ 471.59 and 436.05. NOW, THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants expressed herein, it is agreed as follows: I. PURPOSE The County, through its Sheriff, agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth. II. SERVICES TO BE PROVIDED BY THE COUNTY A. Except as otherwise hereinafter specifically set forth, such services shall encompass the duties and functions of the type normally coming within the jurisdiction of the Sheriff pursuant to Minnesota Law, and, in addition, the Sheriff and his duly assigned deputies shall, within the Municipality's corporate limits, exercise all the police powers and duties of city police officers as provided by Minn. Stat. § 436.05. B. The rendition of services, the standard of performance, the discipline of the deputies, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in and under the sole control of the Sheriff. C. Such services shall include the enforcement of Minnesota State Statutes and the municipal ordinances of the Municipality. D. The County shall fumish and supply all necessary labor, supervision, equipment, and communication facilities for dispatching, jail detention (including the cost of such detention), and daily patrol service as specified in Paragraph II.E. of this Contract, and shall be responsible for the direct payment of any salaries, wages, or other compensation to any County personnel performing services pursuant to this Contract. E. The County agrees to provide law enforcement protection as follows: During the Contract Term, the Sheriff will provide Eighty (80) hours per day of daily patrol service. Said daily patrol service shall be exercised through the employment of patrol cars, to be supplied, equipped, and maintained by the County and staffed by Sheriffs deputies. Daily patrol service will provide and fulfill those services and duties ordinarily provided and fulfilled by city police officers as provided by state law and municipal police officers as provided by state law and municipal ordinances. Notwithstanding the number of hours of patrol services listed in this agreement, the County agrees to provide additional law enforcement services and emergency assistance, as the demand arises and resources allow, at no additional cost to the municipality. The Sheriff will also provide Six (6) hours per day of service by a Community Service Officer. In addition, the Sheriff will provide the service of a Community Service Officer for park security, twenty (20) hours per week, April through September. The Sheriff, upon consultation with the Law Enforcement Committee created pursuant to Paragraph VI. herein, shall determine the time of the day during which the patrol service shall be provided. The Sheriff may periodically change the times of patrol service in order to enhance the effectiveness of the coverage. The Sheriff will also provide a Patrol and Crime Investigator. The Investigators will provide an additional forty (80) hours per week coverage investigating crimes within the City of Andover. The Investigators will be issued a vehicle and be granted take -home privileges, per Anoka County Sheriff's Office Policy, for that vehicle. The Sheriff will also provide 2 full -time Deputy Sheriffs to be assigned as a School Liaison Officer, in the Municipality's schools during the school year. This will include the middle school and the high school. During the non - school months, these officers will -2- continue to be assigned in the Municipality to work in such areas as patrol, selected enforcement efforts, and crime prevention. The County also agrees to cover 50% of costs associated with the Crime Watch Program's coordinator position. The Municipality agrees to cover the remaining 50 %. III. DUTIES OF MUNICIPALITY A. It is agreed that the Sheriff shall have all reasonable and necessary cooperation and assistance from the Municipality, its officers, agents, and employees, so as to facilitate the performance of this Contract. B. This Contract shall not alter the responsibility for prosecution of offenses occurring within the Municipality as is currently provided by law. Likewise, collection and distribution of fine monies shall be controlled in the manner provided by law. IV. COMPENSATIONITERM The Municipality hereby agrees to pay to the County the sum of Two Million Seven Hundred Forty Thousand Eight Hundred Ninety Nine Dollars and 00 /100s ($2,740,899.00) for the contract term for law enforcement protection. Said sum is payable in four (4) equal installments due March 31, June 30, September 30, and December 31 of the Contract Term. The County agrees that the Municipality will receive a credit against its contract price obligation as a result of anticipated Police State Aide. The amount of the credit will be determined by the amount of money received per sworn officer from the State of Minnesota times the number of sworn officers charged to service the contract. V. RENEWAL This Contract may be renewed for a successive period of one (1) year. Said renewals shall be accomplished in the following manner: A. Not later than one hundred twenty (120) days prior to the expiration of the current Contract, the County, through its Sheriff, shall notify the Municipality of its intention to renew. Said notification shall include notice of any increase in total contract cost. B. Not later than ninety (90) days prior to the expiration of the current Contract, the Municipality shall notify the Sheriff of its intention to renew and its acceptance of increased costs. -3- C. The renewal shall be officially approved by the parties' respective governing bodies prior to expiration of the current Contract. VI. COLLABORATION The County, through its Sheriff or his designee(s), agrees to meet as needed with the governing council of the Municipality. The purpose of said meetings shall be for the Municipality to provide feedback to the County and for the parties to confer and discuss potential improvements in the implementation of services under this Contract. The Sheriff shall make reasonable efforts to consider the Municipality's concerns or requests. The time and place of these meetings shall be determined by the Municipality with reasonable notice to the Sheriff. VII. DISBURSEMENT OF FUNDS All funds disbursed by the County or the Municipality pursuant to this Contract shall be disbursed by each entity pursuant to the method provided by law. VIII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds, and reports of all receipts and disbursements shall be made upon request by either party. IX. AFFIRMATIVE ACTION In accordance with Anoka County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full - time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Contract on the basis of race, creed, color, sex, sexual orientation, marital status, public assistance status, age, disability, or national origin. X. INDEMNIFICATION The Municipality and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses, or damages, injuries or sickness resulting from the acts or omissions of their respective officers, agents, or employees, relating to the activities conducted by either party under this Contract. -4- XI. TERMINATION This Contract may be terminated in the following manner: 1) By the mutual agreement of the parties. 2) Under the terms set forth in Section IV. 3) By either party at any time with or without cause upon not less than one hundred eighty (180) days written notice delivered by mail or in person to the other party. Notices delivered by mail shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to services rendered prior to such notice of termination. XII. NOTICE For purposes of delivering any notices hereunder, notice shall be effective if delivered to the Anoka County Sheriff, 13301 Hanson Boulevard Northwest, Andover, Minnesota 55304, on behalf of the County; and the City Administrator of the City of Andover, 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304, on behalf of the Municipality. XIII. ENTIRE AGREEMENT /REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Contract supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous contract presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Contract shall be valid only when they have been reduced to writing and duly signed by the parties herein. -5- IN WITNESS WHEREOF, the Municipality, by its governing body has caused this Contract to be signed by its Mayor and attested by its Clerk, and the County of Anoka, by resolution of the County Board of Commissioners, has caused this Contract to be signed by the County Sheriff, Chairman of the County Board of Commissioners, and attested by the County Administrator, all on the day and year first above written. COUNTY OF ANOKA CITY OF ANDOVER By: By: Rhonda R. Sivarajah., Chair County Board of Commissioners Its: Dated: ATTEST By: Dated: By: Jerry Soma County Administrator Its: Dated By: James Stuart Sheriff Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: Dated: Andover - Cost Summary January 2013 December 2013 L PERSONNEL A. Sworn Deputy Sheriff 1.) 16.80 Patrol Deputies 1,093,048 2.) 7 Overtime (Average hours /month per Deputy) 70,155 3.) 2 Liaison Officers 130,125 4:) 2 Patrol Investigators 131,925 B. Non -Sworn C.S.O.6 hours per day 34,602 Non -Sworn C.S.O. - Parks 8,216 C. Crime Watch Coordinator 20 hours /week 24,812 Benefits for Sworn and Non -Sworn Personnel F. Total Maintenance Costs for all vehicles Total Benefits 625,531 TOTAL PERSONNEL COSTS` II. VEHICLE A. Police Equipped Vehicles 4 Squads 114,000 B. C.S.O. Vehicle 1 Vehicle 4,000.00 C.S.O. Vehicle - Parks 0 (split usage with cso vehicle above) 3,200.00 C. Liaison Vehicle 2 Vehicle 14,400.00 D. Crime Watch Coordinator Vehicle -112 2,870.00 E. PatroUCrime Investigators Vehicles 14,400.00 F. Total Maintenance Costs for all vehicles 1.) Vehicle 202,406 2.) Emergency & Communications Equipment 17,697 3.) Emergency Vehicle Equip. repic fee 2,500. 4.) Insurance 26,600 5.) Cellular Telephone 4,980 Total Maintenance Costs 254,183 TOTAL VEHICLE COSTS 2410 - ? ip 3 III. Administrative Costs & Crime Watch Program Costs Administrative, Clerical, Etc. YMOR IV. TOTAL COST TO CONTRACTING MUNICIPALITY $2,740,899 *Less Amount Received From State for Police State Aid 122,720 NET COST TO CONTRACTING MUNICIPALITY $2,618,179 'This figure is determined by the State and is subject to fluctuation. The latest estimate is $5,700 per Deputy. Revenue received is for previous year Deputy hours hired prior to July 1 Detail Attached Andover Eighty Hour Coverage 365 DAYSIYEAR January 2013 - December 2013 SIX Hours C.S.O. 365 DAYSIYEAR Park CSO Twenty Hours/Week - April Through September Includes: 2 PTE. Investigator 2 FTE SRO L PERSONNEL A. Sworn Deputy Sheriff 1.) 16.80 Deputies at $5,422 /month w , $40101 $1,093,048 2.) 7 Overtime (Average hoursimonth per Deputy) 70,155 3.) 2 Liaison Officer IV. TOTAL COST TO CONTRACTING MUNICIPALITY 130,125 4.) 2 1.0 Patrol & 1.0 Crime Investigators .- . start htarch ist, 131,925 B. Non -Sworn C.S.O.6 hrsfday 34,602 Non -Sworn C.S.O. - Parks 8,216 C. Benefits for Sworn and Non -Sworn Personnel P.E.R.A. (Sworn) 205,236 P.E.R.A. (Non - Sworn) 3,104 FICA 3,276 Medicare 20,666 Severance Allowance 36.588 Unemployment Compensation 2,202 Life Insurance 874 Health Insurance 287,040 Dental Insurance 9;922 Long Term Disability Insurance 3,135 Workers Compensation 22,168 Uniforms 19,696 Total Benefits 613,907 TOTAL PERSONNEL COSTS $2 081,97$ II. VEHICLE A. Police Equipped Vehicles 4 Squads 114,000 B. C.S.O. Vehicle 1 Vehicle 4,000.00 C.S.O. Vehicle - Parks 0 (spill usage with csovehUeabove) 3,200.00 C. Liaison Vehicle 2 Vehicle 14,400.00 D. Investigator Vehicle 2 Vehicle 14,400.00 D. Maintenance Costs 1.) Vehicle 199,856 2.) Emergency 6 Communications Equipment 8 replc.fee 17,697 3.) Emergency Vehicle Equipment replc .Fee 2,500 4.) Insurance 25,200 5.) Cellular Telephone 4,800 Total Maintenance Costs 250,053 TOTAL VEHICLE COSTS w , $40101 III. Administrative Costs Administrative, Clerical, Etc. $208�198- IV. TOTAL COST TO CONTRACTING MUNICIPALITY $2,690,229 *Less Amount Received From State for Police State Aid 122,720 NET COST TO CONTRACTING MUNICIPALITY $2,567,509 'This figure is: determined . by the state and is subject to fluctuation The latest estimate is $5700 per Deputy Revenue received is for previous year Deputy houts hired prior to August! Andover Crime Watch Coordinator January 2013 - December 2013 Average 20 Hours /Per Week L PERSONNEL A. Civilian 1.) 1 Crime Watch Coordinator B. Benefits for Non -Sworn Personnel P.E.R.A. (Non- Sworn) FICA Severance Allowance Unemployment Compensation Life Insurance Health Insurance Dental insurance Long Term Disability Insurance Worker's Compensation Uniforms Total Benefits TOTAL PERSONNEL COSTS II. VEHICLE A. Crime Watch Coordinator B. Maintenance Costs 1.) Vehicle 2.) Cell Phone 3.) Insurance Total Maintenance Costs TOTAL VEHICLE COSTS III. Administrative Costs Administrative, Office Space, Office Supplies, Etc. IV. Program Costs V. TOTAL COST OF CRIME WATCH PROGRAM VI. CRIME WATCH PROGRAM City Of Andover 50 % NET COST TO CONTRACTING MUNICIPALITY 260 DAYSIYEAR 3,598 3,796 1,340 74 40 13,800 477 109 15 0 1 Vehicle leased annually 5,100 360 2,800 49,623 23,249 $72;872 5,740 8,260 :x$14,000:; ,$7;%368 = $7;000 r $101,340 $50,670 $50,670 Mj7q-1 - • 04% 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 Contract for School Liaison/Anoka- Hennepin School District #11 DATE: September 4, 2012 INTRODUCTION Annually the City of Andover and the Anoka- Hennepin School District #11 negotiate a contract for the purchase of law enforcements services (police liaisons). DISCUSSION The attached contract is consistent with previous year's contracts and is recommended for approval by City Administration. BUDGET IMPACT The contract provides for a payment from the School District to the City of Andover in the amount of $86,524. This revenue is used to offset the total cost of the City's contract with the Anoka County Sheriff's Department. ACTION REQUESTED The Andover City Council is requested to approve the attached contract. Attachment: Contract July 30, 2012 Jim Dickinson City Administrator Andover City Hall 1685 Crosstown Blvd NW Andover MN 55304 Dear Mr. Dickinson, It is once again time to renew Anoka Hennepin School Districts' Police Liaison - Prevention Program contracts. Anoka Hennepin School District receives funds through the Crime Levy, generated by student counts, to purchase services from local law enforcement agencies. The amount that has been allocated to the City of Andover for the provision of police liaison officers and /or prevention programs like D.A.R.E. is $86,524.00. The amount of the contract reflects an increase of 2% for the 2012 -2013 school year. The term 'Prevention Program' has replaced 'D.A.R.E.' to give more flexibility to communities that are choosing a program other than D.A.R.E. for prevention instruction. Please include your statistical information (#4) and submit your invoice ( #10) at the end of the school year. We greatly appreciate the services you are able to provide to your community schools by combining the School District Crime allocation with your own resources. I have enclosed the following to help you administer the contract with the School District. 1. Copy of the contract for the 2012 -2013 school year. Please sign and return an executed contract as soon as possible. 2. Contract Administration Form. 3. School Calendar The invoice for services provided must include the name of the each school and the services provided (prevention program name and /or Liaison services), the officer's name, and the cost incurred at each site as required by the Anoka Hennepin accounting department. Send signed contract and billing to: ATTN: Carolyn Lakanen Educational Service Center 2727 N Ferry St Anoka, MN 55303 763 - 506 -1076 1 look forward to working with you. If you have any questions, please do not hesitate to contact me. Sincerely, Linda Anderson Director of Student Services Anoka - Hennepin ISD #11 763 - 506 -1017 End: Contract, Calendar Cc: Lt. Shelly Orlando This contract by and between the City of Andover (hereafter referred to as "City ") and Anoka — Hennepin Independent School District No. 11 (hereafter referred to as "District) is entered into under Minnesota law. PURPOSE: This contract is to address the need for the presence of police officers in District schools to provide prevention program instruction and liaison service to the District schools recognizing these services: 1. Promote crime prevention within District schools. 2. Provide drug abuse education. 3. Coordinate activities between the District, the criminal justice system, and social services. DEFINITIONS. Police Officers working in the District will be engaged in two authorized programs. The School Liaison Officers in the middle schools and high schools will serve students and staff primarily in the area of crime prevention. Officers in the prevention program in the elementary schools will present an approved prevention program which is a part of the fifth grade health curriculum. 2. OFFICER EMPLOYED BY CITY. City shall employ (or assign), in accordance with applicable state statutes, a police officer or officers to serve as School Liaison and Prevention Program officer(s) in District schools. The selection or assignment of such officers shall be done by City in consultation with the principals in the area or City covered by this contract. City shall assume all obligations and payments with regard to officers' salaries and benefits including worker's compensation, PERA, withholding taxes, etc. District will reimburse City as defined in Part 10 of this document. 3. TERM OF CONTRACT. The term of this contract shall be from July 1, 2012 to June 30, 2013, District's fiscal year, renewable each year unless terminated by either party as defined in paragraph 10. 4. ADMINISTRATION RESPONSIBILITIES. Law enforcement services rendered to District shall be at the sole direction of City. Standards of performance, discipline of the officer assigned, and other internal matters shall be under the authority of City. If requested, District shall provide City with an appraisal of the services received. City shall provide District with a statistical summary report once a year indicating services provided at the secondary level, Prevention Program schedules, and the name of the officer(s) providing the service. LEVEL OF SERVICE. The officer will respond to emergency calls within the boundaries of City and attend police training and special duties as assigned by City while fulfilling the requirements of this contract. Time spent on emergency calls, police training, etc., shall not be considered to be time spent as a School Liaison or Prevention Program officer. Time in excess of eight hours per day shall be paid according to the officer's contract, providing such additional time has been approved in advance by City and District. Blanket approvals will not be accepted. 6. DUTIES OF OFFICER. The list of basic duties and work schedule of the officer(s) shall be cooperatively developed between City and District. 6a. PRIVACY OF PUPIL RECORDS. Pursuant to the District's Protection and Privacy of Pupil Records Policy and consistent with the requirements of the family Educational Rights and Privacy Act and the Minnesota Government Data Practices Act, police officers shall be deemed to be school officials when performing the duties and responsibilities of the Police Liaison Officer. As such, the Police Liaison Officer and City certify and agree that all data created, collected, received, stored, used, maintained, or disseminated by the Police Liaison Officer must comply with the Family Educational Rights and Privacy Act and the Minnesota Government Data Practices Act. 7. CLOTHING, EQUIPMENT, AND SUPPLIES. City shall provide any required clothing, uniforms, vehicle, necessary equipment and supplies for officer to perform law enforcement duties. District shall provide School Liaison Officers with a private, lockable office, telephone, and supplies necessary for the officer to perform required duties as specified in paragraph 6 of this contract. 8. SCHOOL CALENDAR. District shall provide City with a school calendar. Liaison services will be provided during the regular school year. TERMINATION. Either party may terminate this agreement upon 30 days written notice of such termination. All payment due hereunder shall be prorated in the event of such termination. 10. DURATION AND COST. For and in consideration of the provision of School Liaison Officer and the Prevention Program Officer services in accordance with the terms of this contract, District shall pay City the sum $86.524.00. Request for payment should be submitted by June 1, 2013 of the fiscal year. 11. SERVICE TO SCHOOLS. The following secondary schools shall receive School Liaison Officer service as a result of this contract: Andover High School Oak View Middle School The following elementary school shall receive Prevention Program services as a result of this contract: Andover Elementary Crooked Lake Elementary Rum River Elementary 12. SCOPE. It is agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have hereunder to set their hands. City of Signed By Title Date Anoka — Hennepin School District No. 11 Signed By Director of Student Services CONTRACT ADMINISTRATION INFORMATION FORM CONTACTS AT THE SCHOOL DISTRICT Contracted Administration Linda Anderson Director of Student Services Educational Service Center 2727 N Ferry St Anoka, MN 55303 763 -506 -1017 Program Administration Rhonda Dean, Principal Gary Lundeen, Principal Mark VanVoorhis, Principal Cheryl Kortuem, Principal Deborah Shepard, Principal Andover High School Oak View Middle School Andover Elementary Crooked Lake Elementary Rum River Elementary Payment Procedures - Pursuant to section 10 of the agreement, the City should submit a bill to: ATTN: Carolyn Lakanen Educational Service Center 2727 N. Ferry St Anoka, MN 55303 763 -506 -1076 763 -506 -8400 763 -506 -5600 763 -506 -1700 763 -506 -2100 763 -506 -8200 4rr 2012 -2013 SCHOOL SCHOOLS A future without limit CALENDAR 2012.2013 Calendar Key Dates - Student Contact July 4 ........................... School District closed August 21 - 23 ............... New Teacher Orientation August 27 - 31 ................... Preschool Workshop September 3.......... Labor Day, School District closed September 4 ....................... First Day of School October 8 ...................... Elementary PLC /Conf, 7 4 no elementary students October 17 ............. Staff Development, no students October 18 -19 .......... EM Professional Conference, 17 in no school November 21 .............. Conference conversion day, 21 14 no students November 22 - 23 ................. Thanksgiving break, 2617 School District closed November 30 ............. End of Tri I, Gr 1 -5: 57 Days, Gr 6 -12: 58 Days December 3 ................ Staff Planning, no students December 24 -January 1 ...... Winter break, no school December 24 & 25 .............. School District closed January 1 ....................... School District closed January 2 ............................ School resumes January 21 .... Martin Luther King's Birthday, no school February 18 ..... Presidents Day, School District closed February 19 ............... Elem [1h Staff Dev /1h Cong, Sec Staff Dev, no students March 7.......... End of Trimester II, Gr 1 -12: 58 Days March 8 .................... Staff Planning, no students March 11 - 15 ................. Spring break, no school March 15 ....................... School District closed March 18 ............................ School resumes March 29 ....................... School District closed May 27 ........... Memorial Day, School District closed June 6........... End of Trimester III, Gr 1 -12: 57 Days June 7 ........... . . Staff Planning Grading, no students NOTE Every effort will be made to makeup instr ional days lost to emergency closing, Makeup of lost instructional days will occur first by coriverdng days designated as 'staff planning" (December 3, March S. June 7): second by reducing spring break or extending the school year beyond June 6. 3/2012 Refer to the appropriate Kindergarten calendar for the Kindergarten Student Contact Days. KEY - STUDENT CONTACT DAYS ■Schools Not In Session - No school for students, teachers, pares, cooks Staff Planning/Staff Development - . No school for K -12 students ■Elementary Staff Development/Conf.- No school for K -5 students Parent /Teacher Conference Conversion Day - Check with individual buildings for actual conference schedule ❑ School District Closed - Designated Holiday 0 End of Trimester QNew Teacher Orientation JULY M T W TH F 2 3 N 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 31 AUGUST M T W TH F 1 2 3 6 7 8 9 10 13 14 15 16 17 20 /�\l 24 27 28 29 30 31 OCTOBER M T W TH F 1 20 2 21 3 22 4 23 5 24 0 25 9 25/26 10 26/27 11 27/28 1228/29 15 29/30 16 30/31 17 - 22 31/3223 32/33 24 33/34 25 34/35 26 35/36 29 36/3730 37/38 31 38/39 NOVEMBER M T W TH F 1 39/40 2 40/41 5 41/42 6 42/43 7 43/44 8 44/45 9 45/46 12 46/47 13 47/48 14 4sIQ 15 49 /so 1650/51 19 51/6220 52/53 _21 26 53/5427 54/55 28 55/56 29 56/57 @ 57/58 DECEMBER M T W TH F 3 4 58/59 5 ss /f 6 w/61 7 61/62 10 62/63 11 w /s4 12 Was 13 65 /66 14 66/67 17 67/68 18 68/69 19 69/70 20 70/71 21 71/72 JANUARY M SEPTEMBER W M T W TH F N 4 1 5 2 6 3 7 4 10 6 11 6 12 7 13 a 148 17 in 1811 19 12 20 13 21 14 24 15 2516 2617 27 1a 2819 OCTOBER M T W TH F 1 20 2 21 3 22 4 23 5 24 0 25 9 25/26 10 26/27 11 27/28 1228/29 15 29/30 16 30/31 17 - 22 31/3223 32/33 24 33/34 25 34/35 26 35/36 29 36/3730 37/38 31 38/39 NOVEMBER M T W TH F 1 39/40 2 40/41 5 41/42 6 42/43 7 43/44 8 44/45 9 45/46 12 46/47 13 47/48 14 4sIQ 15 49 /so 1650/51 19 51/6220 52/53 _21 26 53/5427 54/55 28 55/56 29 56/57 @ 57/58 DECEMBER M T W TH F 3 4 58/59 5 ss /f 6 w/61 7 61/62 10 62/63 11 w /s4 12 Was 13 65 /66 14 66/67 17 67/68 18 68/69 19 69/70 20 70/71 21 71/72 JANUARY M T W TH F 3 ■ 2 72/73 3 73/74 4 74/75 7 75/76 8 76/77 9 77/78 10 78/79 11 79/80 14 so/81 1 5 8,/62 16 B2 /B3 1783/84 1 884/85 ■ 22e5/86 2386/87 24 87/88 2588/89 28 89/96 29 9c /9, 3091/22 31 92/93 FEBRUARY M T W TH F 1 93/94 4 94/95 5 95/96 6 96/97 7 97199 8 9B/99 11 99/100 1'2100/10, 13101/102 14102 /163 15loo /,64 ■ 19 20lo4/106 21 los /,66 2216/107 25 1m /,w 26 1oen69 271m/11 28 no /111 MARCH M T W TH F 1 1,1/112 4 112/113 5 113/114 6 114/115 0,15/116 8 18 1,6/117 19 1,71,18 20118/119 21 119/120 22120/121 25 121/12226 122/123 27 123/124 28 124/125■ ■ ■ M T W TH F 1 125/126 2 125/127 3 127 /128 4 126 /129 5 129/130 8 130/131 9 131/132 10 132/133 11 133/134 12134/135 15 135/136 16 136/137 17 137/138 1 8 138/139 19139/140 22 140/14123 141/142 24142/143 25 143/144 26,44/,45 29 145/146 30 146/147 MAY M T W TH F 1 147/,48 2 148/149 3 149/11 6 150/151 7 151/152 8 152/153 9 153/154 10 lN/lm 13 155/156 14 ,56/,57 1 5 ,57/159 16 158/159 17,59/16 20160/,6121 161/162 22182/,1 23 163/164 241m/165 ® 28 165/166 29156/167 30 167/168 31 168/11 JUNE M T W TH F 3 169/170 4 170/171 5 171/172 0,72/173 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Review /Adopt 2013 Preliminary Tax Levy DATE: September 4, 2012 ID. INTRODUCTION Each year the City Council is required by state law to approve a preliminary budget and submit a preliminary levy certification to Anoka County Property Records and Taxation Division by September 15th. DISCUSSION The 2013 Preliminary Levy certification would be the outcome of the numerous budget workshops held with the Council over the summer. The Preliminary 2013 Budget proposes a total property tax levy of $10,631,299: $7,332,857 (68.97 %) operational levy, $1,961,474 (18.45 %) debt service levy, and $1,336,968 (12.58 %) capital/watershed levy. The Council has the right to reduce or keep constant this levy until the final certification date of December 28, 2012. The proposed levy will result in a zero percent (0 %) increase in the gross tax levy. BUDGET IMPACT This is the first step in establishing the City of Andover property tax levy for 2013. ACTION REQUESTED The Andover City Council is requested to receive a brief presentation on the preliminary levy and corresponding operating budget. The Council will be asked to discuss and approve the attached resolution that indicates the total preliminary levy of $10,631,299 to be submitted to the Anoka County Property Records and Taxation Division by September 151" nn submitted, Resolution Adopting the Proposed 2013 Property Tax Levy CITY OF ANDOVER COUN'T'Y OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ADOPTING THE CITY OF ANDOVER 2013 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy prior to September 15, 2012. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2013 property tax levy totaling $10,631,299 as listed on Attachment A. Adopted by the City of Andover this 4th day of September 2012. ATTEST: Jim Dickinson - City Clerk CITY OF ANDOVER Michael R. Gamache - Mayor STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. adopting the 2013 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 4th day of September 2012. Jim Dickinson - City Clerk . CITY OF ANDOVER, MINNESOTA Attachment A Proposed 2013 Property Tax Levy 2013 Proposed Levy General Fund Levy $ 7,332,857 Debt Service Funds Levy 2004A G.O. Capital Improvement Bonds 381,290 2004 EDA Public Facility Revenue Bonds 1,030,127 2009A G.O. Open Space Referendum Bonds 184,973 2011A G.O. Equipment Certificate 101,745 2012A G.O. Equipment Certificate 125,000 2012B G.O. Capital Improvement Refunding Bonds 138,339 Total Debt Service 1,961,474 Other Levies Capital Projects Levy Capital Equipment/Project 210,000 Parks Projects 61,500 Road & Bridge 967,197 Pedestrian Trail Maintenance 58,271 Lower Rum River Watershed 40,000 Gross City Levy $ 10,631,299 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 Review /Adopt 2013 Debt Service Levy Changes September 4, 2012 INTRODUCTION Anoka County Property Records and Taxation Division requires a City Council resolution changing bonded indebtedness levies for 2013 that would have been certified to Anoka County as part of prior years bond sales. DISCUSSION When the City issues bonds, a certification of the bonded indebtedness levy is sent to Anoka County. The County is charged with assuring on an annual basis that local government bonded indebtedness payments are made. To assist in monitoring, the County is requesting a resolution that would update all or a portion of previously certified bonded indebtedness levies. Attached is a resolution to update bonded indebtedness levies along with a brief description as to why there was a change. BUDGETIMPACT The 2013 City of Andover Debt Service Budget is current and up -to -date. This resolution is to inform the County of any changes that have taken place in the past year as well as any new issuances proposed to be levied for 2013. ACTION REQUESTED The Andover City Council is requested to approve the attached resolution that would update certified bonded indebtedness levies for 2013. submitted, Resolution Updating Certified Bonded Indebtedness for 2013 Attachment A — 2013 Proposed Levy Certification Debt Changes CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2013. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2012; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified to Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2013 as listed on Attachment A. Adopted by the City of Andover this 4th day of September 2012. ATTEST: Jim Dickinson — City Clerk CITY OF ANDOVER Michael R. Gamache - Mayor STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2013 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 4th day of September 2012. Jim Dickinson - City Clerk Attachment A CITY OF ANDOVER 2013 Proposed Levy Certification Debt Changes County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explanation 56 2004A GO Capital Improvement Bonds 431,100 381,290 49,810 Meet bona fide debt service requirements 67B 2009A GO Open Space Bonds 184,973 184,973 - 68 2011 A GO Equipment Certificate 101,745 101,745 2004 EDA Public Facility Lease Rev - 1,030,127 (1,030,127) Lease revenue payment per pledge agreement 69B 2012A GO Equipment Certificate 10,545 125,000 (114,455) Meet bona fide debt service requirements 69A 2012B GO Cap Improv Refunding Bond 105,000 138,339 (33,339) Meet bona fide debt service requirements Total $ 833,363 $ 1,961,474 $ (1,128,111) N OV D 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 Set Hearing Date(s) for 2013 Budget & Levy Discussion & Public Comment September 4, 2012 INTRODUCTION The Truth in Taxation law, M.S. 275.065, requires cities to schedule a meeting at which the budget and levy will be discussed and public input will be allowed prior to the final budget and levy determination. This year, that meeting must be scheduled between November 27th and December 26th and be held after 6:00 PM. DISCUSSION The Council can select a regularly scheduled Council meeting date or a separate date. The City Council, at its discretion, may adopt a final budget and levy at the initial hearing or the Council could go with the format of scheduling an initial hearing and if that meeting is not sufficient for all public comment and further discussion is required, a continuation hearing could be scheduled. Suggested dates are listed below: Initial hearing date: Tuesday, December 4, 2012 at 7:00 PM Continuation hearing date: Tuesday, December 18, 2012 at 7:00 PM Official adoption date: Tuesday, December 18, 2012 at 7:00 PM ACTION REQUESTED The Andover City Council is requested to select a 2013 Budget and Levy hearing schedule. A'Lb Y O F 6 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 September EDA meeting DATE: September 4, 2012 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the September 18, 2012 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Approve Meeting Minutes 2. Update on Retail Market Analysis 3. Parkside at Andover Station 4. Redevelopment Discussion 5. Discuss /Approve Property Purchase 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 September 18, 2012 City Council meeting. submitted, I%&NDOVEA 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 September Council Workshop DATE: September 4, 2012 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of September for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general September workshop have been identified as follows: 1. Community Center 2013 Budget Presentation 2. 2012 -2013 Council Goals Progress Discussion 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 September activities Other items may be added upon Council request or operational need. ACTION REQUIRED Schedule a September Council workshop for September 25`h at 6:00 pm or another date and time acceptable to the Council. (I C I T Y 0 F 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 September 4, 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 Arbor Oaks - Wal -Mart proposal Parkside at Andover Station Platting activity 3. Meeting reminders 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.