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HomeMy WebLinkAboutCC - September 18, 20121685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, September 18, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (8/28/12 Workshop; 9/4/12 Regular; 9/4/12 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Change Order #1 /11- 48/Well #6 — Engineering 4. Declare Cost/Order Assessment Roll/12 -2a (Ivywood Estates), 12 -2b (Johnson's Oakmount Terrace) & 12- 2c (147th Avenue NW) /2012 Street Reconstruction — Engineering 5. Receive Assessment Roll/Order Public Hearing/11- 40/133rd Avenue NW Reconstruction — Engineering 6. , Declare Cost/Order Assessment Roll /12- 32/2118 -2120 — 140th Lane NW /WM — Engineering 7. Award Quote /12- 34/Relocation of Recycling Center — Engineering 8. Approve Compensating Change Order #1/11 - 43/140"' Lane NW Water Main Improvements — Engineering 9. Award Bid/07- 20/Parkside at Andover Station 3d Addition (Supplemental) — Engineering 10. Accept Donation/11 -10 /South Coon Creek Drive NW Reconstruction/Mickman Brothers —Engineering 11. Award Quote /Surface Seal Brick Structures — Finance 12. Declare Surplus Equipment - Finance Discussion Items 13. Anoka County Sheriff's Office Monthly Report — Sheriff 14. Public Hearing: Vacation of Easement/15754 Yellow Pine Street NW - Planning 15. Public Hearing: Vacation of Easements/Parkside at Andover Station 2 Addition - Planning 16. Approve Revised Preliminary Plat & Revised Planned Unit Development Parkside at Andover Station - Planning 17. Approve Final Plat/Parkside at Andover Station 3 t Addition — Planning 18. Consider No Parking Resolution on Prairie Road NW & 146th Lane NW - Engineering Staff Items 19. Schedule October EDA Meeting -Administration 20. 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, & 11- 32 -24 -22 -0001 Adjournment 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 Administrat FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: September 18, 2012 INTRODUCTION The following minutes were provided by Timesaver, reviewed by Administration and submitted for City Council approval: August 28, 2012 Workshop September 4, 2012 Regular September 4, 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 Hartner Deputy City Clerk Attach: Minutes 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ANDOVER CITY COUNCIL WORKSHOP MEETING — AUGUST 28, 2012 MINUTES The Workshop Meeting of the Andover City Council was August 28, 2012, 6:13 p.m., at the Andover City Hall, 1 f Minnesota. Councilmembers present: Councilmember absent: Also present: COMMUNITYBUS City Administrator project, the Legacy along 140a' Lane,_ the City Sheri Bukkila, None City Administ Community D City Administrator Dickinson utility companies He showed access to the Selmer proposed purchase agreement with the c work out the access problems. of order by Mayor Mike Gamache, Mown Boulevard NW, Andover, Julie Trude, And Tony Howard Dave Carl; Todd Haas the route of the tour including the potential open space perty, the Arbor Oaks project, the CDBG project area irk,, Prairie Knoll Park, and Parkside at Andover Station. . ground breaking ceremony_ would still be project. venue would be opening. the project had been delayed a couple of weeks due to the ouncil the property the City is currently working on for space property. He explained the City is anticipating a •s and once this is signed the City would have 120 -days to Councilmember Knight asked who would be responsible for paying for the fill to create the access. City Administrator Dickinson stated the City would likely work with Dennis Kuiken on the fill. He currently has this available. He stated the City has also approached the property owners on the north to open discussions for possible access from their property. Councilmember Trude asked if the County owned the ditch or if it could be filled. Andover City Council Workshop Meeting Minutes — August 28, 2012 Page 2 City Administrator Dickinson stated the City would need to work with the Lower Rum River Watershed on this project but the County did not own the ditch. He explained it would cost approximately $90,000 to build a road to City standards in this location and approximately $40,000 to $50,000 to construct an access road. Councilmember Bukkila stated the City Code states horses could be on property that is at least 2.5 -acres with approval from the Equestrian Council. She asked who was on this council. 9 Community Development Director Carlberg stated the City Council appointed the Equestrian 10 Council several years ago. All requests would need to meet the required setbacks and ordinances 11 before obtaining a building permit. 12 13 City Administrator Dickinson showed the Legacy/Meadow Creek property. The City is 14 expecting to close on this property September 4, 2012. He explained there are four (4) wells on 15 the property and one (1) with 3 -phase power. This well is capable of operating the irrigation 16 system that would be needed. He explained the metal buildings would not have much use to the 17 City and there would be interested parties in removing the metal from the property. 18 19 Councilmember Bukkila asked why the City would only add three (3) fields. 20 21 City Administrator Dickinson stated with parking, bleachers, and lighting there may not be 22 enough room for more but once the property is surveyed and fields are laid out maybe more can 23 be achieved. 24 25 Assistant Director of Public Works Haas stated the City could also add pavilions or picnic areas. 26 The trees are an added amenity that would provide shade. 27 28 City Administrator Dickinson stated the City could look at adding a trail through the pine trees 29 including tables under the trees. 30 31 Councilmember Howard stated the property does offer a lot of possibilities including trails, 32 nature walks, picnic area, in addition to the fields. 33 34 City Administrator Dickinson stated once the City closes on the property they would be looking 35 for Council input on what they would like to see done with the property. 36 37 Councilmember Bukkila suggested the City contract the design of this property to an outside 38 source in order to maximize the property. 39 40 Assistant Director of Public Works Haas showed the park improvements at Pleasant Oaks Park. 41 He stated there is football practice scheduled at this park. There is no irrigation in this park and 42 it would cost $40,000 to $60,000 to irrigate it. There are several parks in the City that are not 43 irrigated. 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 Andover City Council Workshop Meeting Minutes —August 28, 2012 Page 3 Councilmember Bukkila stated she hears the residents want this park irrigated. Councilmember Knight asked who maintains the road behind the strip malls along Round Lake Boulevard. City Administrator Dickinson stated this road is private property and the City would notify the owner about the condition of the road. Community Development Director Carlberg showed the Council the new City monument sign located at Crosstown/Bunker. Councilmember Bukkila suggested the City use a low gloss lacquer on the wood to protect it and make it stand out. City Administrator Dickinson stated the model built by Capstone at Parkside at Andover Station would be included in the Fall Parade of Homes. The model would be listed for $199,000. He also stated an advance living developer would be meeting with the EDA on September 18a'. They are interested in a parcel in the Parkside development. City Administrator Dickinson stated Crosstown Boulevard would be closed August 29,' for the water main improvements included in the South Coon Creek Drive project. He pointed out the CDGB project on 140`b Lane and explained there would be warranty work on the boulevard sod. Councilmember Trude pointed out the Red Oaks East Park. She stated the City should do more in this park and provide a play area for the children in the neighborhood. There is another park 3 blocks away with play equipment but this park should be leveled and a grass area for playing provided. This is a 3 -acre park and is bigger than other parks in the City that are maintained. Assistant Director of Public Works Haas stated there are parking problems with this location. Councilmember Bukkila suggested the City level the property and plant grass so that it is an open field for the kids to run around in. City Administrator Dickinson pointed out a parcel next to the railroad tracks on Andover Boulevard that would be going into tax forfeiture. He explained it is unlikely the property would sell for enough to cover the amount owed for back taxes and assessments. Assistant Director of Public Works Haas showed the Hickory Meadows Park project. He stated there would be an open house at the park next week and the Council will be invited to attend. He explained the property just south of the Hickory Meadows development has been purchased. Councilmember Bukkila asked why there is a mini -pod at the Prairie Knoll Park parking lot. Andover City Council Workshop Meeting Minutes —August 28, 2012 Page 4 1 Assistant Director of Public Works Haas explained the Football Association used this for 2 equipment storage and it would be in place until the end of October. 3 4 Councilmember Trude asked if there had been any complaints about the pod. 5 6 Community Development Director Carlberg stated staff would suggest they find another location 7 for this pod. 8 9 Assistant Director of Public Works Haas pointed out the locations for the lights that have been 10 requested. 11 12 Councilmember Howard stated with all the light from the building there would not be a need for 13 additional lighting. 14 15 Councilmember Trude stated the trees along the boulevard impede the residents from being able 16 to see into the park so additional lighting would not help with this. She suggested the Football 17 Association use spray paint in the parking lot to outline parking during tournaments that have 18 high volume of cars. 19 20 Councilmember Bukkila suggested the City install a larger sign directing cars to the north 21 parking lot for additional parking. 22 23 The Community Bus Tour of Projects ended at City Hall and the City Council recessed at 8:05 24 p.m. 25 26 The City Council reconvened at 8:14 p.m. in the Council Chambers. 27 28 Councilmember Trude added Discussions for Code Amendment to clarify continuous and non- 29 continuous operation of business. 30 31 CONSIDER ADDITIONAL SECURITY LIGHTING AT PRAIRIE KNOLL PARK 32 33 Assistant Director of Public Works Haas stated the Council is requested to continue discussions 34 for the addition of two (2) security lights and look at side barriers for the entrance to the south 35 parking lot at Prairie Knoll Park. He stated this item had been tabled at the August 8, 2012 36 Council meeting. He stated Connexus Energy would own the lights and the estimated cost for 37 the addition of two (2) lights would be $4,529. 38 39 Mayor Gamache stated after viewing the park he would be in favor of adding one (1) light to the 40 west corner of the east entrance. 41 42 Councilmember Bukkila stated there is an area near the entrance that was dark and this could be 43 resolved if the lower light on the fixture on the other side of the parking lot by the playground 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 Andover City Council Workshop Meeting Minutes — August 28, 2012 Page 5 was directed to the parking lot. The building lights provided enough illumination along that side of the parking lot. Councilmember Knight stated he would agree with adding one (1) light to the parking area. Councilmember Trude stated this park is lit more than other parks in the City and she would be concerned if the park is too well lit people would stay in the park after hours. Councilmember Howard agreed with Councilmember Bukkila. He had been there at 10:30 p.m. and the building and east side of the parking lot was well lit. He suggested the City redirect the lower light on the one pole towards the parking lot. Councilmember Bukkila asked what the City's standard is for lighting in parks. Assistant Director of Public Works Haas stated the City does not have a set standard but generally there is one (1) light in a park. He pointed out there were also several parks in the City that do not have lighting. Councilmember Bukkila stated when residents are looking from a well -lit area such as their home or front porch into a darker area it would be difficult to see details. She would not be supportive of two (2) additional lights in this park. Mayor Gamache asked if the building lights are on all the time. He also stated the estimated cost for one (1) light would be $2,300. Assistant Director of Public Works Haas stated these lights are on a sensor to go on based on the amount of sunlight. Councilmember Trude stated the streetlight would be the same height as the trees along the boulevard so this would not help the residents across the street to see into the park at night. Mayor Gamache suggested the City trim trees, add one (1) street light on the west side of the east entrance, and redirect the free skate light to face the parking lot. Councilmember Trude asked if the darkness in the park was the real problem. She expressed concerns that more light would bring more people into the park after hours. Councilmember Howard asked how long it would take to have a light installed. Assistant Director of Public Works Haas stated it would be approximately 2 -3 weeks to have a new light installed. Councilmember Bukkila stated she would support the addition of one (1) light to the parking lot. 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 Andover City Council Workshop Meeting Minutes — August 28, 2012 Page 6 Consensus of the City Council was to direct staff to trim the trees along the parking lot, install one (1) streetlight along the east entrance to the park, and redirect the free skate light towards the parking light. Assistant Director of Public Works Haas stated there might be a need to remove one (1) or two (2) of the trees. He stated the residents would also like to see a barrier added to the entrances of the south parking lot to deter cars from doing power turns and to keep people from parking in the entrances during events. Councilmember Knight asked what type of barrier would be recommended and what material would be used. Assistant Director of Public Works Haas stated one resident had suggested PVC or a fence but these materials would be easily damaged. He stated portable speed bumps that could be used or bollards could be purchased. Councilmember Trude stated the concrete barriers previously used at the Community Center could be used. Councilmember Howard stated concrete barriers look terrible. Councilmember Bukkila asked if these types of barriers would be large enough to post a no parking sign on. Assistant Director of Public Works Haas stated the City could post signs on these types of barriers. He stated the City does snow plow this parking lot and barriers could pose a problem with this. Councilmember Knight suggested the City use the portable speed bumps currently owned. Councilmember Bukkila stated she would support this suggestion. Ms. Twila Hauck, Andover Football Association and Andover Area Lacrosse Association, stated she would prefer the City look at posts. She stated the Sheriff had been at the park and the question had been brought up if they could ticket cars parked on the grass even if they are not in the right -of -way. City Administrator Dickinson stated staff would look into bollards. Councilmember Howard asked if "No Parking on the Grass" signs could be added. City Administrator Dickinson asked if the Council wanted to use the portable speed bumps the City owns or look into bollards. 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 Andover City Council Workshop Meeting Minutes — August 28, 2012 Page 7 Mayor Gamache stated signs should also be added that limit cars from parking too close to the corner of 146th Lane and Prairie Road. Councilmember Howard stated if the areas are signed then the Sheriff would be able to ticket those cars that are in violation. Councilmember Bukkila suggested if the residents had additional new ideas then this should be taken to the Park Commission for review. It was the consensus of the Council to direct staff to place the portable speed bumps, currently owned by the City, at the entrances of the south parking lot, post "no parking on the grass" and "no parking to the corner" signs on 146`}' Lane, and to look into the cost of bollards. CONSIDER NAMING OF BALL FIELD /ANDOVER STATION NORTH BALL FIELD FACILITY Councilmember Trude stated she had talked with Ms. Schueller from the Andover Baseball Association and she would like to have the field named "Anders Field" in order to honor Anders Flaa. She would not like this to be a memorial but an honor to Anders. She would not be supportive of "Anders Memorial Field ". If the field is named "Anders Field" then it would meet the City's criteria for naming a field and it would be meet what the Andover Baseball Association would like to do. Councilmember Bukkila asked what the name would be and where it would be posted. Ms. Sheila Schueller with the Andover Baseball Association stated they would like to name the field "Anders Field ". There had been funds donated to the Association in his honor and this had been used to buy a scoreboard for this field. They Association would like to have "Anders Field" added under the new scoreboard. Councilmember Knight stated he would recommend putting the name somewhere else because it would not been seen under the scoreboard. It was the consensus of the Council to approve the name "Anders Field" for the middle ball field at the Andover Station North Ball Field Facility. Councilmember Bukkila suggested staff work with Ms. Schueller regarding materials and location of signs. 2013 — 2017 CIP DEVELOPMENT DICUSSION City Administrator Dickinson presented the current draft 2013 -2017 CIP for Council discussion. He stated on page 21, staff would add language concerning the discussions with Anoka County 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 Andover City Council Workshop Meeting Minutes — August 28, 2012 Page 8 for a portable library concept because this would be another area the City would be addressing with an expansion at the Community Center. Councilmember Trude stated the County Library would be putting this in their Capital Budget as well. . Councilmember Bukkila asked if this large of an expansion would be possible. She also stated she would like to see a chart showing the debt, how it is flowing, and when items will be coming off. City Administrator Dickinson stated the City would be doing a bond for this type of project and there are items that will be removed from the current debt service load. Managing the debt and how it gets paid will be done when the bond is structured. He recommended staff add discussions about the debt load to a future workshop. He explained the $250,000 budgeted in 2013 would be used to hire a consultant to design the project to meet the needs of the Community Center. Councilmember Trude clarified the City would cash flow this expense and then recoup the cash when the bond is issued. City Administrator Dickinson indicated an IRS reimbursement resolution would be adopted so that could happen. Councilmember Howard stated the YMCA is the City's largest partner and the YMCA is open to paying for their portion of the expansion. Andover has the number 1 YMCA in the metro area and he would like to see this continue. There is a need in the community for a Youth Center and other amenities. Councilmember Bukkila clarified she is not against the expansion of the Community Center and agrees there is a need in the Community for a Youth Center. She had concerns about budgeting for such a large expansion. City Administrator Dickinson stated the new pedestrian trail segment from Bluebird Street to Vale Street had been added to the CIP. The land purchase on page 25 was in reference to the land west of the Public Works building and the City is under contract to purchase this property by the end of 2013. The City is doing an evaluation of the roofs for City Hall, Fire Station 1 and 2, and the Senior Center. If it is determined the roofs do not need to be replaced at this time then the amount budgeted for 2013 would be pushed into a future date. If it is determined the City Hall roof needs to be done then all the roofs would be done at that time. Page 35 outlines the recycling building and fence. At this time it is unlikely the full budgeted amount would be needed. The City did apply for and received a grant of $50,000 to start work on the fence, base, and footings for the building. This project will be done in phases. The grant proceeds need to be spent before year end, so that project is currently underway. Councilmember Trude stated this is a large building for recycling materials to be stored at. She Andover City Council Workshop Meeting Minutes —August 28, 2012 Page 9 1 clarified this facility would only be for those items that cannot be picked up curbside. 2 3 City Administrator Dickinson stated the building would not be much larger than what is currently 4 off Tower Drive. 5 6 Councilmember Howard stated the scope of the project should be reevaluated as it moves 7 forward. He wants to ensure the project is done correctly so that the Public Works facilities are 8 not "pieced" together. 9 10 City Administrator Dickinson stated the City has a conceptual plan for this property; this area is 11 at the southern end of the property. 12 13 City Administrator Dickinson stated the replacement and repair of play structures for the various 14 parks is referenced on page 41. Green Acres Park and Northwoods East Park are slated for 15 updating in 2013. 16 17 Councilmember Trude stated she would like to have some of these funds used on the Red Oaks 18 East Park. This park should be treated the same way other parks are in the City and be leveled 19 and grass planted. 20 21 Mayor Gamache suggested clearing the weeds currently on the property and planting grass. 22 23 Councilmember Bukkila suggested a reasonable portion of the park should be manicured. 24 25 Councilmember Howard stated he would like to see trees along the boulevard as well. 26 27 Councilmember Trude recommended Red Oaks East Park be added to the parks under 28 consideration for 2013. The Council concurred. 29 30 City Administrator Dickinson stated the Legacy land purchase was added to the CIP on page 45. 31 The City is attempting to use other means of funding this project outside of Park Dedication fees. 32 If park dedication fees were used then the property would need to remain a park but if other 33 funds are used then as the City demographics change the property can be repurposed. This 34 project would not be bonded for, he is anticipating paying as we go. The Council will have the 35 ability to participate in the project design. 36 37 Councilmember Knight asked if there would a bathroom facility on this property. 38 39 City Administrator Dickinson stated there are no plans to build a bathroom facility in the initial 40 phase. The City would likely hire a consultant to design this project. He stated page 75 covers 41 the replacement of lighting fixtures along Jay Street and Martin Street in Andover Station. Those 42 lights would be replaced with LED fixtures. 43 Andover City Council Workshop Meeting Minutes —August 28, 2012 Page 10 City Administrator Dickinson stated page 78 covers the water main improvements for 2015. This is not set in stone and could be pushed into a future date. He stated the City had discussed the equipment purchases on pages 101, 102, 112, and 113. If these purchases can be made this year for a better price then they would be purchased yet in 2012. He reviewed the projected fund balances and cash flow on page 119. He clarified the reason there were less annual MSA funds in 2013 was because the City has the ability to borrow ahead and this is what was done. These funds are being used for the South Coon Creek Drive project. The State Aid Street Bond payments end in 2014. 10 Mayor Gamache stated his street had been anticipated for reconstruction in 2015. He asked if 11 this was still accurate because there are no funds allocated for street reconstruction in 2015 on 12 page 119. 13 14 City Administrator Dickinson stated this project is still anticipated for 2015 and staff would 15 revise the projected fund balance sheet. He stated the projected park improvement fund, on page 16 120, did not include $23,853 in park dedication revenues from the Woodland Estates project that 17 had been received in August. The projections also do not include the park dedication fees that 18 could result from a proposed Wal -Mart project. This chart will be updated as the funds come in. 19 He pointed out the water system financial projections and the proposed rate increases. 20 21 Councilmember Trade stated the water rate keeps increasing but the number of people on the 22 system does not. She suggested the City look at incentive programs to get more people to hook 23 into the City's system, this may include lowering the rates. 24 25 Mayor Gamache stated there would be more development in the future and more people would 26 be hooked into the system. 27 28 City Administrator Dickinson stated the pilot project of collecting assessments for sewer and 29 water at the time of issuing a building permit has helped to encourage some development in 30 Andover. The City has also been able to add capacity to the wells through maintenance projects 31 but there may be a need to change to radio meter reading in the future. The water fund continues 32 to struggle, funds could be transferred from the sewer fund if necessary. To off -set the proposed 33 increase in the water rates, the City is proposing no increase in the sanitary sewer system rates. 34 The rural reserve trunk and lift station replacements have been pushed to future dates. He stated 35 there would -be an increase in the storm sewer system charges due to the amount of rain that has 36 occurred in the past 2- years. 37 38 2013 BUDGETDEVELOPMENTDISUCSSION 39 40 City Administrator Dickinson stated staff is looking for City Council direction as the preparation 41 of the 2013 Annual Operating Budget proceeds. The proposed budget in the packet is prepared 42 under the assumption of a zero percent (0 %) increase in the gross tax levy. The Tax Increment 43 Financing District 1 -1 will be decertifying at the end of 2012. The decertification does offset the Andover City Council Workshop Meeting Minutes —August 28, 2012 Page 11 1 taxable market value decrease, netting an overall 0.41 % increase in taxable market value and 2 impacts of the Fiscal Disparities program have an impact on the final tax rate. He reviewed the 3 general fund balance at 45% of 2013 general fund expenditures and at 50% of 2013 general fund 4 expenditures. The City will meet all of requirements with both options. In order to completely 5 cover and balance the proposed budget a 2.48% increase in taxes would be needed. If the City 6 continues to exceed budget in residential building permits or if a large building project occurs 7 this would also impact the budget. 9 Councilmember Trude stated she would not like to see the taxes increased for residents. She 10 asked what the impact on the project in the CIP would be if there was a zero percent (0 %) 11 increase. 12 13 City Administrator Dickinson stated the only impact would be a project may not happen sooner 14 rather than later or the City may issue a lower bond for purchases such as the fire truck. He 15 explained there is a new staff request for the Parks Department in this year's proposed budget. 16 He also reviewed the proposed increases for contractual departments such as the Sheriff's 17 contract and legal services. He stated the contract with the Sheriff's Department is a status quo 18 contract. There are a few positions that need to be reviewed to ensure they are competitive with 19 other government entities and some dollars have been added to the proposed 2013 budget for 20 this. The budget also includes an increase for union employees. 21 22 It was the consensus of the Council to accept the status quo contract from the Sheriff's 23 Department and to continue with a zero percent (0 %) gross tax levy increase for 2013. 24 25 2012 GENERAL FUND B UDGET PROGRESS REPORT 26 27 City Administrator Dickinson stated the 2012 expending budget currently is amended to 28 acknowledge $35,000 of 2011 budget carried over. If the Parkside at Andover Station project 29 goes well then the City will likely meet the proposed new home permits for 2013. 30 31 Councilmember Bukkila asked if there would be support from the Council to provide additional 32 compensation to those Fire Department employees who are required to be on call for one (1) 33 week at a time. These employees are restricted as far as what they can do and where they can go 34 during their on -call week. The City has received savings from this program and she would like 35 to see some of these savings passed on. 36 37 Councilmember Trude stated these individuals receive $300 per month. 38 39 Councilmember Bukkila stated they were receiving this prior to the City asking them to be on 40 call for a week at a time. The City has placed additional responsibilities on these individuals 41 without compensating them. She clarified the Fire Department is not making this request, she is. 42 They have gotten the COLA in the past but they have taken on additional responsibilities for the 43 City without requesting additional compensation and she would like to see the City address this. 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 Andover City Council Workshop Meeting Minutes —August 28, 2012 Page 12 Councilmember Trude suggested City Administrator Dickinson talk with Fire Chief Winkel and ask for his input. She asked if there was a different way to handle the on -call situation. She stated she would support some increase. Councilmember Knight asked how Andover compared to surrounding communities for volunteer fire fighter pay. City Administrator Dickinson stated the City is comparable to surrounding communities. Councilmember Bukkila stated as more people are on -call then the rotation cycle increases and a person is not on -call every 4 -6- weeks. It was the consensus of the Council to direct staff to do additional research and talk with Fire Chief Winkel regarding potential increases for on -call status and report back to the Council. CITYINVESTMENT REVIEW City Administrator Dickinson provided a summary of the City's Investment portfolio. He stated the City of Andover Investment Policy recommends the Finance Director present to the City Council quarterly the detail listing of investments held by the City. He pointed out the Vadnais Heights Minnesota investment line item was not the sports complex in that community and this investment is a G.O., back by advalorem tax. This will likely be included as a comment in the next audit. OTHER TOPICS Code Amendment to Clarify Continuous and Non - Continuous Operations of Business Councilmember Trude stated she would like the Council to consider initiating a code amendment that would clarify continuous and non - continuous operations of a business for the City Code and the General Business District. There is currently no definition in the current City Code. She recommended the following definitions: continuous operation describes a business that is open to the public for some portion of each hour of the 24 -hours in a day and it also includes a business that is open to the public for more than 5 -hours of the overnight period beginning at 11 p.m. and ending at 7 a.m. And non - continuous operation describes a business that closes to the public for at least a 5 -hour duration between the hours of 11 p.m. and 7 a.m. each day of the week and which is not open to the public for any portion of at least 5 continuous hours in a day. Mayor Gamache asked about the overnight hours. Councilmember Trude explained the business could determine the 5 -hour duration they were closed as long as those hours fell between 11 p.m. and 7 a.m. Councilmember Bukkila expressed concerns with this applying to existing businesses. She 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 Andover City Council Workshop Meeting Minutes —August 28, 2012 Page 13 stated 5 -hours would be too long of a period. There are some businesses that need to be open prior to 7:00 a.m. Councilmember Trude stated 4 -hours would be acceptable. Councilmember Howard stated a business like Pappy's could be open until 2:00 a.m. and then open again for early breakfast at 6:00 a.m. Councilmember Trude stated that would be permitted for Pappy's because they are in a shopping center and the City allows 24 -hour operation in a shopping center. She would like to see the Council propose the amendment and send it to the Planning Commission for their review because they are currently reviewing the City's use chart. Mayor Gamache stated the Planning Commission would need to hold a public hearing on this type of amendment. It was the Consensus of the Council to initiate a City Code amendment to clarify continuous and non - continuous operation of business and send to the Planning and Zoning Commission for review and public hearing. ADJOURNMENT Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to adjourn the August 28, 2012 City Council Workshop. The motion carried unanimously. The meeting adjourned at 10:33 p.m. Respectfully submitted, Tina Borg, Recording Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 REGULAR ANDOVER CITY COUNCIL MEETING — SEPTEMBER 4, 2012 MINUTES The Regular Bi- Monthly meeting of the Andover City C Gamache, September 4, 2012, 7:00 p.m., at the Andover Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: PLEDGE OFALLEGL4NCE PROCLAMATION Mayor Gamache read s called to order by Mayor Mike 1685 Crosstown Boulevard NW, Tony Howard week of September 17 -23, 2012 AWARENESS MONTH October Domestic Violence Awareness month. Ms. Moreen Sprungman, 15631-Linnet Street NW, Andover, stated currently building 3 has one empty unit, ten homeowners, aril nineteen renters with sixteen children. She expressed concerns about the number of cars in the garage and parking lot, the maintenance of the building, people throwing cigarettes off their balconies, dog feces, and overall appearance of the building. Residents have complained but there has not been anything done by the Association. They have been told that until the new association documents are approved this is no longer considered a senior community. This is not what she had been told when she purchased her unit. She also provided information from Mr. Dennis Belcheck because he was not able to attend the meeting. She stated the community has 42 twin and single - family homes and 3 buildings with 30 condo units each. Councilmember Knight asked who the residents had sent their complaints to. Regular Andover City Council Meeting Minutes — September 4, 2012 Page 2 1 Ms. Sprungman stated the residents have complained to the Association Board and the City 2 Council. She stated she had talked with a lawyer and she could not do anything because she did 3 not have the staff to pursue this matter. As seniors they do not have the financial resources to 4 hire attorneys. City Attorney Baumgartner explained the Association Board is a group of elected officials that represent the unit owners. They are responsible to the unit owners who are paying their association dues for the upkeep and maintenance of the common areas of the community. 10 Councilmember Knight asked if the Board has the ability to manage the age requirements for the 11 community. 12 13 City Attorney Baumgartner stated the Board does have this ability according to the bylaws that 14 have been adopted. 15 16 Ms. Sprungman stated there is also a management company involved. The attorney from the 17 management company has advised the Board that this community can no longer be marketed as a 18 senior community because the documents that had previously been approved were not in 19 compliance with the senior requirements for HUD. 20 21 Mayor Gamache stated the City Attorney had sent a letter in regard to concerns the City had with 22 the proposed documents. 23 24 City Attorney Baumgartner stated when the documents had been reviewed one of the omissions 25 that had been noted was the identification of the City as a third party beneficiary. The documents 26 are creating a severance of the different types of properties into two (2) separate associations. 27 The document for both of the new associations does now contain the required language for a 28 senior community. The twin homes were originally not restricted to senior housing but the new 29 documents would now require these to be restricted by the senior age requirements. The City had 30 received a response from the property management group and their attorney, that the City's 31 concerns were addressed and new documents have been revised and include the language 32 identifying the City as a third party beneficiary. 33 34 Mayor Gamache explained the requirements for being a senior community or development would 35 include the 80/20 rule. No more than 20% of the units can be occupied by people under 55 -years 36 old. This rule applies to the community or development as a whole and would not necessarily 37 apply to each building individually. 38 39 Mr. Ken Jensen, 15570 Linnett Street NW #309, Andover, stated it is the responsibility of the 40 Board to police the requirements of the original documents and as a third party beneficiary the 41 City has the right to step in if this is not being done. He stated there have been three (3) units 42 sold in building 2 in the last 45 -days but this would not happen in building 3 due to the amount 43 of young families and renters in that building. The senior age requirements need to be enforced Regular Andover City Council Meeting Minutes — September 4, 2012 Page 3 and the young families and renters removed from the buildings in order to sell the units. He stated a current census should also be performed to comply with the requirements in the current association documents. City Administrator Dickinson stated the City is sending a letter requesting the current census data. 8 City Attorney Baumgartner explained with the new documents being proposed there would be 9 two (2) new associations created and each of these would be required to comply with the senior 10 housing requirements including the 80/20 rule. There is no police force to enforce the senior 11 housing requirements. If the requirements are not met then the development or community 12 would simply no longer be a senior community or development. 13 14 Councilmember Knight asked if the unit had been purchased under the understanding they would 15 be in a senior community would the owners have any recourse. 16 17 City Attorney Baumgartner stated this would be an individual unit owner's rights. He suggested 18 the individual unit owners consult an attorney to determine their rights and what they can do. 19 20 Mayor Gamache asked if the City would be able to require this community to remain a senior 21 community because this is what the original PUD had been approved as. 22 23 City Attorney Baumgartner suggested the City get the results of a census in order to determine 24 what steps the City may be able to take. 25 26 Mr. Jensen stated there had originally been 70 -units excluded from the senior age requirement. 27 At the time he purchased his unit he had been told that this would be a senior community and he 28 had to provide documentation at closing proving he met the age requirement. He later found out 29 that building 2, where he lives, is included in these original 70 -units that had been excluded from 30 the age requirement. The whole situation of being a senior community or not being a senior 31 community began about two and a half years ago. At the annual meeting Mr. Windschidtl had 32 agreed to amend the document that excluded these 70 -units at his expense. The president of the 33 Association had told him that there were other problems that needed to be addressed and to hold 34 off on this amendment. At this meeting there had also been two (2) attorney reports. The report 35 from the Board's attorney stated the documents were faulty and needed to be rewritten and the 36 report from Mr. Windschidtl's attorney stated the documents were vague and an amendment to 37 the documents would clarify them and bring them up to date. The Board went with the report 38 provided by their attorney and that is why the new documents are being proposed. 39 40 Councilmember Trude stated she had understood the original PUD had placed additional 41 restrictions on some properties to prevent the current situation from happening. 42 43 Mayor Gamache stated the City would get more infonnation from the census and have the City Regular Andover City Council Meeting Minutes — September 4, 2012 Page 4 1 Administrator and City Attorney review this information to determine what steps the City may be 2 able to take. 3 4 Mr. Jensen stated the proposed documents do not show how expenses and other things will be 5 split. There are several loose ends that are not addressed in these documents. 6 7 Councilmember Trade stated the City's focus would be on the senior housing aspect. She 8 expressed concerns about the number of people under the 55 -year old age requirement and this 9 could jeopardize the status as a senior community. 10 11 AGENDA APPROVAL 12 13 Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to approve the Agenda as 14 presented. Motion carried unanimously. 15 16 APPROVAL OF MINUTES 17 18 August 8, 2012 Closed City Council Meeting 19 20 Motion by Councilmember Trade, Seconded by Councilmember Howard, to approve the August 8, 21 2012, Closed City Council Meeting minutes as presented. The motion carried unanimously. 22 23 24 August 21, 2012 Regular City Council Meeting 25 26 Councilmember Trade stated on page 10, line 42, the phrase "called to a vote. 5 -0" should be 27 deleted. 28 29 Councilmember Trade stated on page 13, line 20, strike "these vending machines" and replace it 30 with "outdoor sales ". 31 32 Councilmember Trade stated on page 16, line 13, delete the phrase "the Resolution Granting ". 33 34 Councilmember Trade stated on page 19, line 11, add "He held up a large set of blueprints as he 35 commented that Mr. Barrott still had these in his possession. He noted there were nine (9) pages 36 of the blueprints for the garage built with a basement in the year 2005. Page 2 shows the 37 basement plans." 38 39 Councilmember Trade stated on page 19, line 16 the statement was made by Councilmember 40 Trade not Councilmember Howard. 41 42 Councilmember Trade stated on page 21, line 21, the word "proving" should be replaced with 43 "providing ". 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes — September 4, 2012 Page 5 Motion by Councilmember Trude, Seconded by Councilmember Knight, to approve the August 21, 2012, Regular City Council Meeting minutes as amended. The motion carried unanimously. August 21, 2012 Closed City Council Meeting Motion by Councilmember Trude, Seconded by Councilmember Howard, to approve the August 21, 2012, Closed City Council Meeting minutes as presented. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Declare Cost/Order Assessment Roll /11- 40/133`d Avenue NW Reconstruction (See Resolution R079 -12) Item 4 Award Quote /11- 48/Well #7 Item 5 Accept Feasibility Report/Waive Public Hearing/12- 32/2118 -2120 — 140`i' Lane NWAVM (See Resolution R080 -12) Item 6 Amend No Parking Resolution/12- 2c/147d' Avenue NW Item 7 Approve Application for Exempt Permit/Ducks Unlimited Inc. Item 8 Approve 2013 Anoka County Sheriff Contract Item 9 Approve Contract for School Liaison/Anoka- Hennepin School District #11 Motion by Councilmember Bukkila, Seconded by Councilmember Howard, for approval of the Consent Agenda as presented. Motion carried unanimously. REVIEW /ADOPT 2013 PRELIMINARY TAX LEVY City Administrator Dickinson stated 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 15, 2012. The 2013 Preliminary Levy certification would be the outcome of numerous budget workshops held with the Council. The Council has the right to reduce or keep constant the levy until the final certification date of December 28, 2012. The proposed levy would result in a zero percent (0 %) increase in the gross tax levy. With the total taxable market value for Andover decreased 3.94 %, the total tax capacity value declined 4.3 %, but with the decertification of the Tax Increment Financing District, and favorable participation in the fiscal disparities pool, there would be an overall increase tax value. He reviewed the budget and where the money comes from and where it is spent. Mayor Gamache asked what percent of the intergovernmental revenue is considered fiscal disparities. City Administrator Dickinson stated intergovernmental revenue includes about $1.3 million for fiscal disparities city wide. The revenue category also includes the state constitutionally dedicated gas tax money. Regular Andover City Council Meeting Minutes — September 4, 2012 Page 6 Motion by Councilmember Knight, Seconded by Councilmember Trude, to approve a resolution adopting the City of Andover 2013 Proposed Property Tax Levy to be certified to the County Auditor of $10,631,299. Councilmember Trude thanked City employees for working hard to maintain the zero percent levy. It is due to their personal efforts to manage their budgets that make it possible for the City to keep the tax levy constant. The other Councilmembers concurred with Councilmember Trude's statement. 10 The motion was called to a vote. The motion carried unanimously. (See Resolution R081 -12) 11 12 REVIEW /ADOPT 2013 DEBT SERVICE LEVY CHANGES 13 14 City Administrator Dickinson stated Anoka County Property Records and Taxation Division 15 requires a City Council resolution changing bonded indebtedness levies for 2013 that would have 16 been certified to Anoka County as part of prior years bond sales. When the City issues bonds, a 17 certification of bonded indebtedness levy is sent to Anoka County. The County is charged with 18 assuring on an annual basis that local government bonded indebtedness payments are made. To 19 assist in monitoring, the County is requesting a resolution that would update all or a portion of 20 previously certified bonded indebtedness levies. The 2013 City of Andover Debt Service Budget 21 is current and up -to -date. 22 23 Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to approve a 24 resolution updating certified bonded indebtedness for 2013. The motion carried unanimously. 25 (See Resolution R082 -12) 26 27 SET B UDGET HEARING DATES 28 29 City Administrator Dickinson stated — the Truth in Taxation law, M.S. 275.065, requires cities to 30 schedule a meeting at which the budget and levy will be discussed and public input will be 31 allowed prior to the final budget and levy determination. This year, that meeting must be 32 scheduled between November 27th and December 26h and be held after 6:00 p.m. The Council 33 can select a regularly scheduled Council meeting date or a separate date. Staff recommends the 34 following dates: Tuesday, December 4th, 7:00 p.m. for the initial hearing, Tuesday, December 35 18`t', 7:00 p.m. for the continuation hearing date, and Tuesday, December 18`t', 7:00 p.m. for the 36 official adoption date. 37 38 Motion by Councilmember Trude, Seconded by Councilmember Bukkila to set the hearing dates 39 for the 2013 Budget and Levy Discussion and Public Comment as Tuesday, December 4 ", 7:00 40 p.m. for the initial hearing; Tuesday, December 18ffi, 7:00 p.m. for the continuation hearing date; 41 and Tuesday, December 18`h, 7:00 p.m. for the official adoption date. The motion carried 42 unanimously. 43 Regular Andover City Council Meeting Minutes — September 4, 2012 Page 7 SCHEDULE SEPTEMBER EDA MEETING Motion by Councilmember Trude, Seconded by Councilmember Howard to schedule an EDA Meeting at 6:00 p.m. before the September 18, 2012, City Council Meeting. The motion carried unanimously. SCHEDULE SEPTEMBER CITY COUNCIL WORKSHOP 9 Motion by Councilmember Howard, Seconded by Councilmember Bukkila to schedule a 10 September Council Workshop for September 25th at 6:00 p.m. The motion carried unanimously. 11 12 ADMINISTRATOR'S REPORT 13 14 City Administrator Dickinson updated the City Council and the residents regarding 15 administration and city department activities, legislative activities, development and CIP 16 projects, and upcoming meetings and community events including open space negotiations. The 17 Wal -Mart proposal will include some easement items at a future council meeting, the Arbor Oaks 18 development is moving forward, and the plat for Parkside at Andover Station will be discussed at 19 the Planning and Zoning meeting scheduled for September 11 `h. The City's lot inventory is 20 decreasing and he would like to encourage developers to continue to plat. September 8 h is the 21 Fall Recycling Day and there is information in the City newsletter and on the website. He stated 22 he has been working with the Met Council Sewer Access Work Group. This group is discussing 23 how Met Council charges building permits out and sewer access charges. There has been 24 concern in the past that credit was not being provided in full to buildings when the charge may 25 have been paid 15 -20 years ago. The work group does anticipate a recommendation to the Met 26 Council for modifications to this program. He stated he is also participating in the Metro Cities 27 Fiscal Disparities Work Group and looking at what type position the suburbs should take 28 regarding fiscal disparities going forward. A majority of the contributors do understand what the 29 program is about. 30 31 Councilmember Trude stated there are several major oaks in the Parkside at Andover Station. 32 She asked if the Council would support a request to make some efforts to preserve these trees 33 with the grading. These trees do provide an amenity for this neighborhood and the company that 34 is working on the grading plat has done custom grading in other developments including 35 Woodland Estates. 36 37 City Administrator Dickinson stated he had discussed these trees with the consulting engineer 38 and the City Engineer. If the trees remain and custom grading is done then the homes would 39 need to be full basement or slab on grade for a majority of the lots adjacent to the treed area. In 40 reviewing the request from the builder a walk out or look out lot would be more desirable and in 41 order to accomplish this a majority of the trees would need to be removed. He also pointed out 42 custom grading would snake drainage more difficult and cost more for the developer. There are a 43 variety of trees in this area including oaks, pines and scrub trees. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes — September 4, 2012 Page 8 Councilmember Trade stated the trees are the only amenity in this area and she would like to see some effort made to preserve them. Mayor Gamache stated the builder has made it clear they want a certain type of home. Councilmember Howard asked if the property could be partially custom graded and some small retaining walls installed to save a portion of the trees. City Administrator Dickinson stated this could be looked at. There would need to be modifications made to the plans in order to do this. The proposed grading would be more cost effective and make the type of home that could be built on it more desirable in today's market. There may be some trees that could be preserved but it would not be likely a major portion of the trees along the internal lots would be saved. Councilmember Bukkila stated she would like to have the price information available for custom grading and retaining walls prior to making a decision. Councilmember Trade stated this area is marked as a conservation area and there are benches there. There was also an intention to have a picnic table in this area as a community space. Councilmember Bukkila stated a community space would not be acceptable in a neighborhood of single- family homes because people do not want someone sitting at a picnic table in their backyard. Mayor Gamache asked if the parking bump outs would be removed. City Administrator Dickinson stated these would be removed with the re- platting, as would the community space. Mayor Gamache stated if the builder is confident the type of home that will sell these lots is a walkout or look out style then he would support removing the trees. City Administrator Dickinson stated staff would work with the builder to see if there would be a way to preserve some of the trees in this area. Councilmember Trade stated. she would like to see the phone numbers for Council members identified as home numbers on the City's website. People are not aware when they call these numbers they are calling a residence. She stated she would be supportive of the City Council having voicemail at City Hall. MAYOR/COUNCIL INPUT (North Metro Mayors Association) Mayor Gamache provided the Council with a draft of the Regular Andover City Council Meeting Minutes — September 4, 2012 Page 9 1 legislative plan for 2012/2013 from North Metro Mayors. This plan includes financial policies, 2 transportation system improvements, and the North Metro perspectives on Comprehensive Tax 3 Reform for Minnesota. He stated at the meeting with County Commissioners the Metro Cities 4 Fiscal Disparities draft that City Administrator Dickinson participated in was discussed. This 5 maybe what is used at the legislature because it covers everything that is of concern. 6 7 City Administrator Dickinson stated the Metro Cities draft would need to go to the Municipal 8 Revenue and Taxation Committee and then to the Board for approval in October. 9 10 Mayor Gamache stated North Metro Mayors is looking for any additional ideas and updates. 11 12 Councilmember Trude suggested looking for a data center in the County because this would help 13 the County tax base. 14 15 (Fiscal Disparities Group) Mayor Gamache stated the Fiscal Disparities Group would meet 16 again after the election. There are two (2) bills expected that would change fiscal disparities. 17 The Governor is expected to propose a major tax revision plan and the group is working to be 18 sure fiscal disparities and its impacts are understood. 19 20 (Proposed Code Amendment) Councilmember Trude stated she had presented an amendment to 21 the City Code defining "continuous" and "non- continuous" business hours. She proposed this 22 amendment based on public input and concern. This proposed amendment will be reviewed by 23 the Planning and Zoning Commission and a public hearing will be held. She encouraged people 24 with comments to send e -mails that could be forwarded to the Planning Commission. 25 26 Mayor Gamache recessed the regular City Council meeting at 8:22 p.m. to a closed session of the 27 City Council to discuss Public Union Negotiations, Property Negotiations for PID #11- 32- 24 -32- 28 0001, 11- 32 -24 -31 -0001, and 11- 32 -24 -24 -0001, and Potential Pending Litigation for Grey Oaks 29 Owners Associations. 30 31 The City Council reconvened at 9:20 p.m. 32 33 ADJOURNMENT 34 35 Motion by Councilmember Trude, Seconded by Councilmember Howard, to adjourn. Motion 36 carried unanimously. The meeting adjourned at 9:21 p.m. 37 38 Respectfully submitted, 39 40 Tina Borg, Recording Secretary 41 42 43 44 Regular Andover City Council Meeting Minutes — September 4, 2012 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — SEPTEMBER 4, 2011 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 PROCLAMATION — CONSTITUTION WEEK SEPTEMBER 17 -23, 2012 ............................... 1 PROCLAMATION — OCTOBER 2012 DOMESTIC VIOLENCE AWARENESS MONTH...... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDA APPROVAL ................................................................................... ............................... 4 APPROVAL OF MINUTES ............................................................................ ............................... 4 CONSENTITEMS .......................................................................................... ............................... 5 Item 2 Approve Payment of Claims .......................................................... ............................... 5 Item 3 Declare Cost/Order Assessment Roll /11- 40/133`d Avenue NW Reconstruction (See ResolutionR079- 12) ............................................................................ ............................... 5 Item 4 Award Quote /11- 48/Well #7 ......................................................... ............................... 5 Item 5 Accept Feasibility Report/Waive Public Hearing/12- 32/2118 -2120 —140'h Lane NW /WM (See Resolution R080- 12) .................................................... ............................... 5 Item 6 Amend No Parking Resolution/12 -2c /147th Avenue NW ............. ............................... 5 Item 7 Approve Application for Exempt Permit/Ducks Unlimited Inc .... ............................... 5 Item 8 Approve 2013 Anoka County Sheriff Contract ............................. ............................... 5 Item 9 Approve Contract for School Liaison/Anoka- Hennepin School District #11 .............. 5 REVIEW /ADOPT 2013 PRELIMINARY TAX LEVY (See Resolution R081- 12) ...................... 5 REVIEW /ADOPT 2013 DEBT SERVICE LEVY CHANGES (See Resolution R082 -12) .......... 6 SET BUDGET HEARING DATES ................................................................ ............................... 6 SCHEDULE SEPTEMBER EDA MEETING ................................................. ............................... 7 SCHEDULE SEPTEMBER CITY COUNCIL WORKSHOP ........................ ............................... 7 ADMINISTRATOR'S REPORT ..................................................................... ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 8 (North Metro Mayors Association) .............................................................. ............................... 8 (Fiscal Disparities Group) ............................................................................ ............................... 9 (Proposed Code Amendment) ...................................................................... ............................... 9 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator / Finance Director Lee Brezinka, Assistant Finance Director Payment of Claims September 18, 2012 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. 0 DISCUSSION Claims totaling $388,026.74 on disbursement edit list #1- 3 from 09/04/12 — 09/07/12 have been issued and released. Claims totaling $316,036.12 on disbursement edit list #4 dated 09/18/12 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 $704,062.86. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, V 7)14i� Lee Brezinka Attachments: Edit Lists o� F" U c L a` U z a c� r A C U C N w v w x v a _ o . o _ U Vt C ip � O U U O U v N O N V O P O ii _ C O p O C\ M 'J w W oc U 46 0 0 G N � N a Q^-1 v a M M O M O M � U 0 U o c L a` U z a c� r A C U C N w v w x v a _ o . o _ U Vt C ip � O U U O U v N O N V O P O O z 0 Cq 0 5 �q h C ^� N O d O 0 w O P. s U G. U C. y U _ C O p O C\ M 'J w W oc U 46 0 0 G N N N a O v M O M O M O z 0 Cq 0 5 �q h C ^� N O d O 0 w O P. s U G. 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O O M 0 E C E E 5 O rn rn U a 7 p r a r r U O O r.C. o o a Q • -. ,... 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 FROM: David Berkowitz, Director of Public / City Engineer SUBJECT: Approve Change Order #1 /11- 48/Well 46 - Engineering DATE: September 18, 2012 INTRODUCTION This item is in regards to approving Change Order #1 for Project 11 -148, Well #6. a DISCUSSION The original quote for this project was approved at $49,800. Based on the original quote unit prices, minus the change order the amount paid to date is $48,335. Through the design and final construction changes were required by the Minnesota Department of Health and due to the unknown circumstances of the well cavern. The total change order for this project is $21,415. The changes are detailed below. • The MDH determine that the bottom of the well was development deeper into the St. Lawrence then allowed. This well was developed in 1996 and why that was not an issue and addressed at that time is not clear. The cost to fill in the bottom of the development area with cement is $3,825. Additional well pack gravel was required between the well screen and the well cavity. The quantity is difficult to determine in the design phase due to the unknown width of developed well. The additional cost for the gravel pack is $12,600 and is based on a unit price per cubic feet. The column pipe was extended 40 feet further into the well to accommodate for drawdown due to the increased pumping rate. This is needed so that when the pumping rate is increased the drawdown does not cause the pump to take in air. The cost for this work is $4,990. The final construction cost is $69,750. BUDGETIMPACT 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. The remaining budget amount will be utilized to fund Well 7 screen and rehabilitation. ACTION REQUIRED The City Council is requested to approve the resolution approving Change Order #1 for the Project 1I- 48, Well #6. Respectfully submitted, c David D. Berkowitz 's Attachments: Resolution Change Order #1 Invoices from Contractor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 11 -48 WELL 6 & 7 SAND ISSUES. WHEREAS, the City of Andover has a quote for Project No. 11 -48, Wells 6 & 7 Sand Issues with Mark J Traut Wells, Inc. of Waite Park, MN . NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 11 -48 Adopted by the City Council of the City of Andover this 18th day of September , 2012. CITY OF ANDOVER ATTEST: Michael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk ND 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US CHANGE ORDER Andover, MN September 18 2012. Change Order No. 1 To For For City of Andover You are hereby directed to make the following change to your quote dated March 8 2012 . The change and the Work affected thereby is subject to all stipulations and covenants. This change order will (increase) (decrease ) (n^ �,"R^ a ) the contract sum by Twenty One Thousand Four Hundred Fifteen and 00/100 Dollars ($21,415.00). This change order provides for the following extra work: • The MDH determine that the bottom of the well was development deeper into the St. Lawrence then allowed. This well was developed in 1996 and why that was not an issue and addressed at that time is not clear. The cost to fill in the bottom of the development area with cement is $3,825 Additional well pack gravel was required between the well screen and the well cavity. The quantity is difficult to determine in the design phase due to the Unknown width of developed well. The additional cost for the gravel pack is $12,600 and is based on a unit price per cubic feet. The column pipe was extended 40 feet further into the well to accommodate for drawdown due to the increased pumping rate. This is needed so that when the pumping rate is increased the drawdown does not cause the pump to take in air. The cost for this work is $4,990. Amount Paid of Original Quote $ 48,800.00 Additions approved to date (Change Order # ) $ 0.00 Deductions approved to date (Nos, ) $ 0.00 Amount of this Change Order (Add) (Deduct) (' ^'a, b) $ 21,415.00 Revised Contract Amount $ 69,750.00 Approval City of Andover In Name / Title Signature Date Approval Mark J Traut Wells, Inc. Contractor By Sow `cpAtl; Q'�t�laCC,i� rs,GR Name // Titles /s /�iur.�yC"� Signatu e Date TluwmMARK J TRAUT WELLS INC r 141 28TH AVE SOUTH WAITE PARK, MN 56387 C011FANIES UNITED STATES (320)- 251 -5090 031375 S CITY OF ANDOVER 0 1685 CROSSTOWN BLVD L ANDOVER, MN 55304 T 0 PAGE 1 INVOICE DATE 07/31/2012 INVOICE NO 248743 031375 S CITY OF ANDOVER H 1685 CROSSTOWN BLVD PANDOVER, MN 55304 T O TOTAL DUE 3,825.00 SLS1 SLS2 —DUE DATE 08/10/2012 TERMS DESCRIPTION CUSTOMER PO NO SHIP VIA NET 10 ITEM ID TX CL UNITS ORDERED SHIPPED UNIT PRICE EXTENSION 10 0 1.0000 1.0000 3,825.0000 3,825.00 WELL INSTALUTEST PUMPING RE: WELL #6 - INSTALL CEMENT IN ST LAWRENCE AREA VISITOUR WEB SITE@ WWW.TRAUTWELLS.COM `YQ- d.,.�r.�I�.j _r;cP a RAAA cLL NUNIAXAHLE FREIGHT SALES TAX MISC TOTAL 0.00 3,825.00 0.00 0.00 0.00 3,625.00 TOTAL DUE 3,825.00 141 28th Ave South — — Waite Park, MN 66387 �' I r t 320- 251 -6090 Tr Email dave @trautwells.com .J�.J� J www.trautwells.com Invoice - Andover Well 61 install cement in St Lawrence area. Rig 263 DATE: 7125/2012 PHONE # FAX # NAME: Andoverweli6 ADDRES ATTN: , Brian and Greg JOB # 30.9643 RE: Based on the MDH requirement's conditions for complying with the plan review .This is cost to Install a minium of 7 ft. cement plug to comply with the MDH code relating to open bore In a confining unit. Description Load and Mob equipment /Cement plug Install cementing triemie line remove cemenfting Triemie line Install neat cement grout small load fee from cement supplier Unit Unit Price QTY Tnfals LS 1,640.00 1 $ 1,640.00 HR. 185.00 3 $ 555.00 HR. 185.00 3 $ 555.00 CY 495.00 2 $ 990.00 LS 85.00 1 $ 85.00 TOTAL MATERIALS TOTAL LABOR INCOMING FREIGHT TOTAL $ 3,825,00 Tifri 141 28th Ave South f L4 � Waite Park, MN 56387 I 320 -251 -5090 J Email Joetraut @trautwelis.com www.traufwefis.com Invoice - Andover well 6 - Additional well pack Rig 263 DATE: 712612012 PHONE# 763. 767.5180 FAX # NAME: CilyofAndover ADDRES ATTN: . Brian Kraabel JOB # 30.9843 RE: Description Unit Unit Price QTY Totals Furnish & Install American Materials #40 well pack CF 18.00 1 700 $ 12,600.00 TOTAL MATERIALS TOTALLABOR INCOMING FREIGHT TOTAL $ 12,600.00 $ 12,600.00 r1 as G 3 [ c 5 MARK J TRAUT WELLS INC 141 28TH AVE SOUTH WAITE PARK, MN 56387 COSIPL11iS . UNITED STATES (320)•251 -5090 031375 S CITY OF ANDOVER 0 L 1685 CROSSTOWN BLVD D ANDOVER, MN 55304 T ED PAGE 1 INVOICE DATE 07/3112012 INVOICE NO 248741 031375 S CITY OF ANDOVER H 1685 CROSSTOWN BLVD PANDOVER, MN 55304 T 0 TOTAL DUE 12,600.00 SLS1 SLS2 DUE DATE 08/1012012 TERMS DESCRIPTION CUSTOMER PO NO SHIP VIA NET 10 ITEM ID TX CL UNITS ORDERED SHIPPED UNIT PRICE EXTENSION 10 0 1.0000 1.0000 12,600.0000 12,600.00 WELL INSTALUTEST PUMPING RE: WELL #6 - ADDITIONAL WELL PACK VISIT OUR WEB SITE @ W W W.TRAUTWELLS.COM TAXABLE NONTAXABLE FREIGHT SALES TAX MISC TOTAL 0.00 12.600.00 0.00 0.00 0.00 12,600.00 TOTAL DUE 12.600.00 MARK J TRAUT WELLS INC ° 141 28TH AVE SOUTH WAITE PARK, MN 56387 PAGE 1 UNITED STATES COMPANIES (320)- 251 -5090 INVOICE DATE 08/30/2012 INVOICE NO 249469 031375 S 031375 S CITY OF ANDOVER O CITY OF ANDOVER H 1685 CROSSTOWN BLVD L ANDOVER, MN 55304 1685 CROSSTOWN BLVD P ANDOVER, MN 55304 T T O 0 TOTAL DUE 4,990.00 Job Number CUSTOMER PO NO TERMS DESCRIPTION DUE DATE 309843 NET 10 09/09/2012 ITEM ID TX CL EXTENSION 12 0 4,540.00 PUMP AND /OR TANK INSTALL RE: WELL #6 - ADDITIONAL COLUMN, SHAFTS & SPIDERS 90 0 450.00 MISC (BULK WATER, FREIGHT, ETC) FREIGHT CHARGES Account Code: Accouni Cade: -- Account 0 -''Je. ProJect r DepaF�I:,en'3i Approves : _ _ -- Finance Approval: VISIT OUR WEB SITE @ WWW.TRAUTWELLS.COM TAXABLE NONTAXABLE SALES TAX TOTAL 0.00 4,990.00 0.00 4,990.00 TOTAL DUE 4,990.00 141 28th Ave South - - - �' Waite Park MN 56387 320- 251 -5090 `� Email joetraut @trautwells.com www.trautwells.com Invoice - Andover well 6 - Additional column, shafts, & spiders Rig 346 DATE: 8/2812012 NAME: City of Andover ADDRES ATTN: . Greg Johnson/ BMI RE: Labor included in base bid Description New 8" column Blk steel sch40 (10' lengths) New 1 7/16" SS shafts New 8" bronze spiders w /inserts PHONE # 763 - 767 -5180 FAX # JOB # 30 -9843 Unit Unit Price QTY Totals LF 47.00 40 $ 1,880.00 LF 53.00 40 $ 2,120.00 EA 135.00 4 $ 540.00 TOTAL MATERIALS TOTALLABOR INCOMING FREIGHT TOTAL $ g ffl4,54O.00 $ $ 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 Publi orks /City Engineer FROM: Jason J. Law, Assistant City Engine 0q#0 SUBJECT: Declare Cost /Order Assessment Roll/12 -2a (Ivywood Estates), 12 -2b (Johnson's Oakmount Terrace) & 12 -2c (147`h Avenue NW) /2012 Street Reconstruction — Engineering DATE: September 18, 2012 INTRODUCTION The City Council is requested to declare costs and order preparation of the assessment rolls for Projects 12 -02a (Ivywood Estates), 12 -02b (Johnson's Oakmount Terrace) & 12 -02c (147th Avenue NW) /2012 Street Reconstruction. DISCUSSION During the summer of 2012, the streets in the above referenced developments were reconstructed. In accordance with the Roadway Reconstruction Assessment Policy, twenty-five percent (25 %) of the total project costs are being assessed to the benefiting properties. The following table depicts the total project costs, assessable costs, City costs, feasibility assessment amount per unit, and actual assessment amount per unit for each development. Project # Total Project Costs Assessable Costs (25 %) City Costs (75 %) Feas. Assess. Rate Per Unit Actual Assess. Rate Per Unit 12 -02A $277,422.36 $53,509.18 $223,913.18 $5,160.00 $3,822.08 12 -02B &C $570,481.82 $109,602.96* $460,878.86 $6,170.00 $4,566.79 * For the 147th Avenue NW project, costs for extra depth pavement section, widening, and costs for the north half of the roadway (no properties fronting north side of 1470' Avenue NW) are being funded 100% by the City. After declaring the costs, the assessment rolls will be prepared and presented to the City Council for approval and public hearing dates will be set. BUDGETIMPACT Seventy-five percent (75 %) of the total project costs for the street reconstruction project will be funded from the City's Road & Bridge Fund and the remaining 25% of the total project costs will be assessed to the benefiting properties. Based upon current market conditions, the finance department is recommending these assessments be extended over a 10 -year period at a 4.5% interest rate. ACTION REQUIRED The City Council is requested to approve the resolutions declaring costs and directing the preparation of the assessment rolls for Projects 12 -2a (Ivywood Estates), 12 -2b (Johnson's Oakmount Terrace) & 12 -2c (1470h Avenue NW) /2012 Street Reconstruction. P ason ectfu'ly s6q J. Law, PE Attachments: Resolutions & Final Assessment Worksheets 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. 12 -02a Ivywood Estates /2012 STREET RECONSTRUCTION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $ 172,165.96 , the expenses incurred or to be incurred in the making of such improvement amount to $ 54,262.36 so that the total project costs of the improvement are $ 277,422.36 . 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 $ 223,913.18 , and the amount to be assessed against benefited property owners is declared to be $ 53,509.18 2. Assessments shall be payable in equal annual installments extending over a period of 10 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 18th day of September , 2012, with Councilmembers favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk voting in 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 NOS. 12 -02b Johnsons Oakmount Terrace & 12 -02c 147th Avenue NW/2012 STREET RECONSTRUCTION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $ 440,784.86 , the expenses incurred or to be incurred in the making of such improvement amount to $ 129,696.96 so that the total project costs of the improvement are $ 570.481.82 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 $ 460,878.86 , and the amount to be assessed against benefited property owners is declared to be $ 109,602.96 . 2. Assessments shall be payable in equal annual installments extending over a period of 10 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 18th day of September 2012, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk Project Name: Feasibility Report Contract Award FINAL ANDOVER ASSESSMENT WORKSHEET 2012 Street Reconstruction Ivywood Estates Date: 12/20/11 Date: 4/17/12 Project No. : 12 -02A Amount: $ 223,160.00 Amount: $ 176,584.46 Actual Construction Cost Amount: $ 172,165.96 Actual Expenses Engineering (Includes Surveying, Inspection & Staking): $37,377.43 Consulting Costs $0.00 Aerial Mapping (I% of street) $1,452.13 Drainage Plan (0.3% of street/storm) $516.50 Administration (3 %) $5,160.00 Assessing (1 %) $1,721.66 Bonding (0.5 %) $0.00 Recording Fees / Legal & Easement $0.00 Advertising $184.50 Permit and Review Fees $208.00 Street Signs (Materials and Labor) $359.38 Material Testing $868.50 Construction Interest $2,177.22 City Costs $4,237.04 Total Expenses $54,262.36 Expenses Multiplier 24.32% Total Project Cost Amount: $277,422.36 Construction Costs Assessable Construction Costs (25 %) Indirect Expenses Total Assessable Costs $172,165.96 $43,041.49 $10,467.69 $53,509.18 Actual Assessment Rate Per Unit $53,509.18 / 14 Units= Feasibility Assessment Rate Per Unit $72,170.00 / 14 Units= Assessments $53,509.18 City Costs $223,913.18 $3,822.08 I $5,160.00 Final Assessment Worksheet Exhibit 5 FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: 2012 Street Reconstruction Project No.: 12 -02 B & C Johnson's Oakmount Terrace / 147th Avenue NW Feasibility Report Date: 12/20/11 Amount: $ 580,470.00 Contract Award Date: 4/17/12 Amount: $ 451,869.39 Actual Construction Cost Amount: $ 440,784.86 Actual Expenses Engineering (Includes Surveying, Inspection & Staking): $ 86,661.19 Consulting Costs $ 380.00 Aerial Mapping (1% of street) $ 3,488.44 Drainage Plan (0.3% of street/storm) $ 1,322.35 Administration (3 %) $ 13,223.55 Assessing (1 %) $ 4,407.85 Bonding (0.5 %) $ - Recording Fees / Legal & Easement $ - Advertising $ 287.00 Permit and Review Fees $ 492.00 Street Signs (Materials and Labor) $ 2,937.47 Material Testing $ 4,215.25 Construction Interest $ 5,266.91 City Costs $ 7,014.95 Total Expenses $ 129,696.96 Expenses Multiplier 22.34% Total Project Cost Amount: $ 570,481.82 struction Costs (Total) uction for Extra Depth & Widening 147th Avenue NW uction for north 1/2 of 147th Avenue (Street) uction for north 112 of 147th Avenue (Storm Sewer) struction Costs (minus deductions) -sable Construction Costs (25 %) ,sable Indirect Expenses Assessable Costs AS NO PROPERTYS FRONT $ 440,784.86 $ (24,672.87) $ (43,811.64) $ (13,944.90) $ 358,355.45 $ 89,588.86 $ 20,014.15 $ 109,603.01 Actual Assessment Rate Per Unit $ 109,603.01 / 24 Units= $ 4,566.79 Feasibility Assessment Rate Per Unit $ 148,050.00 / 24 Units= $ 6,170.00 Assessments $109,602.96 City Costs $460,878.86 Final Assessment Worksheet • •''ns -,•s• 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 Administrat FROM: David D. Berkowitz, Director of Publi orks /City Engineer SUBJECT: Receive Assessment Roll/Order Public Hearing/11- 40/133rd Avenue NW Reconstruction - Engineering DATE: September 18, 2012 D INTRODUCTION The City Council is requested to receive the assessment roll and approve the resolution ordering the public hearing on the proposed assessment for Project 11 -40, 133rd Avenue NW Reconstruction. DISCUSSION The reconstruction of 133rd Avenue NW was a joint project with the City of Coon Rapids. The final project cost is $629,425.42. 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. Refer to the attached assessment roll. BUDGET IMPACT 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 receive the assessment roll and approve the resolution ordering the public hearing on the proposed assessment for Project 11 -40, 133rd Avenue NW Reconstruction. Respectfully submitted, ID, f David D. Berkowitz Attachments: Resolution, Assessment Roll & Final Assessment Worksheet CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 11 -40, 133RD AVENUE NW RECONSTRUCTION . WHEREAS, by a resolution passed by the City Council on September 5, 2012, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 11 -40 . WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 16th day of October , 2012 , in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The Deputy City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 18th day of September 2012 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk voting O W � C cc d Z U) Z N Qd LL N 0 Q U Ud CL N O N co - N J O oi 6 O� M 00 0 H3 Efl � I. 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U CL C O w U 7 L w N C O U N z Z N O 3 Z r O C y N � Q O G Q O o co r a p M � I O M Cl) O p O O V Ul N M r Iq N r r N CD Q V Cl) fn r M to (R F U 0 U Zoo a R y °o Q Q L ma O 0 L C C Q C� C n1. Z O N N J O a) 6 LO M W O F -- r EA ER Lo (O r co n v O n O) n N r N N N N EA EA 04 n r N r 7 rn mrn n r O r N N N N crJ V3 W M r N r V M 6 C n O 0) N N N U9 ff3 O r r h O (O n r O M N N r N � v> 't O d co N 7 n r co 7 N N r N fA H3 C') C) l[9 "t N n r n In N O r N N Es e» r O r M V r7 n O n O (D N N v3 ea r O r O) LO It rnn n M LO O N r N N EA EA R N R U y F C +' IL c LO (0 n r N Efl O) co L6 V EA n r N O n co L6 I co 69 LO M co O) O co W N n r W O O It co d U C R R m R O. U CL FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: 133rd Avenue NW Project No.: 11-40 Reconstruction SAP 198 - 109 -004 8114- 112 -013 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 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 Assessment Amount: 2 units @ $15001 unit $3,000.00 City Costs $391,145.00 $394,145.00 eet Signs (Materials and Labor) $2,500.00 ministration Costs tal Costs $396,645.00 Feasibility Estimate Assessment Amount: 3 units @ $15751 unit $4,725.00 City Costs $389,420.00 $394,145.00 629,425.42 Actual Costs $3,000.00 $311,712.71 $314,712.71 Actual Costs $4,725.00 $309,987.71 $314,712.71 Final Assessment Worksheet or »u m a N R w y u O a a �rc ¢c c c Z O H U � o l o Z N O W d K Z d W o Z o w ¢ rn v� a C O O m E U° L° Q m m a a� SS o0 m mE �n E » wQ A G 0 00 O J � a cm N O N '% J W O N z O N z N m � Q Q m O z Z z Z v m a M r N nr m M r d 0 z 0 z m 9 QO j j O 0 ¢ ¢ 3 o z z 0 ¢¢ oe vM nn v `m 3 O � o c w m` _0 L O CO L E � W 00 0 0 Q d d ¢ a"NN O o M M F U Exhibit 4 'p— 7 -A -MNDOVE^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrate David D. Berkowitz, Director of Lgmeer Declare Cost/Order Assessment Roll/12- 32/2118 -2120 —140th Lane NW/WM - Engineering September 18, 2012 INTRODUCTION This item is in regard to declaring cost and ordering assessment roll for 2118 -2120 — 140" Lane NW for water main, Project 12 -32. DISCUSSION The property owner recently petitioned for this improvement. The services for water along this parcel were installed under Project 11 -43, 1401h 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. Assessment Costs The final assessment for this parcel as identified in the feasibility report is 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 will be assessed to 2118 & 2120 —140`h Lane NW over a 5 year period. Mayor and Council Members September 18, 2012 Page 2 of 2 ACTION REQUIRED The City Council is requested to adopt the resolution declaring cost and ordering preparation of assessment roll for 2118 -2120 —140th Lane NW for water main, Project 12 -32. Respectfully submitted, David D. Berkowitz Attachments: Resolution � Petition/Waiver cc: Lisa Johnson (sent by email) Michelle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN FOR PROJECT 12 -32, 2118 -2120 — 140T' LANE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $5,224.16 so that the total cost of the improvement will be $5,224.16. 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 $ 0.00 the amount to be assessed against benefited property owners is declared to be $5,224.16 . 2. Assessments shall be payable in equal annual installments extending over a period of 5 years. The first of the installments to be payable on or before the 1st 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 18th day of September 2012 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache — Mayor Michelle Hartner— Deputy City Clerk la -3a 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, i Lisa Johnson Phone 612- 369 -5535 Property Address: 2118/2120 140" Lane NW Andover, MN 55304 CADOCUME -1\ Owner\ LOCALS- 1 \TEMPOR- 1 \Content.IE5 \IY51HP8D \PETITION SINGLE.doc AN66V9^ (q 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrat FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Award Quote /12- 34/Relocation of Recycling Center - Engineering DATE: September 18, 2012 INTRODUCTION This item is in regard to awarding the quote for Project 12 -34, Relocation of Recycling Center. DISCUSSION The relocation of the recycle center will be completed in phases. This quote will be for the placement of Class 5 and the paving of the first lift of bituminous. Public Works staff will grade the site and pour the concrete slabs for the future building and the oil recycle area. Future phases would include the final lift of bituminous, building construction, fencing, power, lights and security cameras. Quotes received are as follows: Contractor Quote Amount Northern Asphalt Inc. $47,872.00 Rum River Contracting $51,540.00 BUDGETIMPACT Funding for this project will be from the $50,000 Recycling Enhancement grant that was received from Anoka County. ACTION REQUIRED The City Council is requested to approve quotes and award the quote to Northern Asphalt Inc. in the amount of $47,872.00 for Project 12 -34, Relocation of Recyling Center. Respectfully submitted, David D. Berkowitz 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 Berkowitz, Director of Public / City Engineer�� FROM: Jason J. Law, Asst. City Engineer SUBJECT: Approve Compensating Change Order 91/11- 43/1401h Lane NW Water Main Improvements - Engineering DATE: September 18, 2012 INTRODUCTION This item is in regards to approving Compensating Change Order #1 for Project 11- 43,140th Lane NW Water Main Improvements. DISCUSSION This compensating change order is to approve a final contract amount that is greater than the original contract amount. It was assumed for bidding purposes that more material would be salvageable for re- use as aggregate base. Due to the dry conditions and sandy soil beneath the gravel, it was determined during construction that some of the reclaimed material needed to remain on the roadway so vehicle access could be maintained. The material left in place was mixed in with the underlying sand from traffic and construction activities and needed to be removed as it was no longer re- useable for the aggregate base layer. Additional aggregate base material was then imported to compensate for this material that was needed during construction to maintain vehicle access. This accounted for approximately $7,000 in additional project costs. In addition, the City requested that the contractor replace an existing hydrant instead of relocating an existing hydrant. Recent history has shown that relocated existing hydrants tend to have issues with leaking, which can lead to long term maintenance issues. This resulted in approximately $2,500 in additional project costs. BUDGETIMPACT This compensating change order results in an increase to the contract bid amount of $10,087.73. This would be funded through Tax Increment Financing. ACTION REQUIRED The City Council is requested to approve the resolution approving Compensating Change Order #1 for Project 11 -43, 1401h Lane NW Water Main Improvements. spectfully submitted, Hon aw, PE Attachments: Resolution, Compensating Change Order #I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING COMPENSATING CHANGE ORDER #1 TO PROJECT NO. 11 -43, 140TH LANE NW WATER MAIN IMPROVEMENTS. WHEREAS, the City of Andover has a contract for Project No. 11 -43, 140th Lane NW Water Main Improvements with County Line Excavating of Foley, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 11 -43 Adopted by the City Council of the City of Andover this 18th day of September , 2012. CITY OF ANDOVER ATTEST: Michael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk CHANGE ORDER Change Order No.: I Date: 9/10/12 Sheet: I of I (Compensating) Project Name: 140th Lane NW Water Main Improvements Project No.: 11 -43 Contractor: Countv Line You are hereby directed to make the following change to your contract dated May 25th, 2012. The change and the work affected thereby is subject to all contract stipulations and covenants. This change order will (increase) ( decrease) (ne- change) the contract sum by _ten thousand eighty seven and 73/100 Dollars ($10,087.73). Big ticket items included in this Compensating Change Order are: the addition of one hydrant requested by the City to be replaced. Reduced quantities for salvage of existing reclaimed aggregate base and associated increased quantities of aggregate base class 5 (borrow) and subgrade excavation. Due to the dry conditions and the need for a portion of the originally planned salvageable reclaimed aggregate base needing to be kept in place to allow traffic to pass within the project, these quantities were revised during construction. This Change Order provides for the following extra work: Description Increase (Decrease) Compensating Change Order $10,087.73 Total Amount of Change Order $10,087.73 Amount of Original Contract $241,935.50 Additions Approved to Date (Change Order # $0.00 Deductions Approved to Date (Chage Order # $0.00 Contract Amount to Date $241,935.50 Amount of this Change Order (Add) (Deduct) (No Change) $10,087.73 Revised Contract Amount $252,023.23 Approval: City of Andover By: David D. Berkowitz Name Director of PW / City Engineer Title Signature Date Change Orderl.xls Approval: County Line Excavating sy� s �EySSP. -cam Name Title q Signature Date 140th Lane NW - Water Main installation City Project 11-43 Partial Payment Quantities PARTIAL PAYMENT #4 (PROJECT QUANTITIES ARE FINAL - WITHHOLDING RETAINAGE) Section A. Water Main Improvements BID PRICES ACTUALS Change Change ITEM No. DESCRIPTION UNITS EST. QUAN- UNIT PRICE TOTAL ACTUAL QUAN. ACTUAL TOTAL From Contract 1 Connect to existing DIP Water Main EA. 2 $800.00 $1,600.00 2 $1,600.00 $ 2 Salvage Hydrant EA. 1 $250.00 $250.00 1 $250.00 $ 3 6" DIP Class 52 Water Main L.F. 70 $26.00 $1,820.00 66 $1,716.00 $ 104.00 4 8" DIP Class 52 Water Main L.F. 1500 $32.00 $48,000.00 1490 $47,680.00 $ 320.00 5 6" MJ Resilient Seat Gate Valve & Box EA. 3 $1,182.00 $3,546.00 3 $3,546.00 $ - 6 8" MJ Resilient Seat Gate Valve & Box EA. 7 $1,562.001 $10,934.00 7 $10,934.00 $ - 7 Hydrant EA. 2 $3,009.00 $6,018.00 3 - $9,027.00 $ 3,009.00 8 12" Hydrant Extension EA. 2 $638.00 $1,276.00 0 $0.00 $ 1,276.00 9 Install Salvaged Hydrant EA. 1 $500.00 $500.00 0 $0.00 $ 500.00 10 MJ DIP Fittings LBS. 1360 $3.20 $4,352.00 1553 $4,969.60 $ 617.60 11 1" Corporation Stop EA. 32 $135.00 $4,320.00 32 $4,320.00 $ - 12 1" Curb Stop and Box EA. 32 $260.00 $8,320.00 32 $8,320.00 $ - 13 1 " Type K Copper Service L.F. 1170 $16.00 $18,720.00 1143 $18,288.00 $ 432.00 Total Section A. Water Main Improvements $109,656.00 $110,650.60 $994.60 r:fll INTY I IIJF CYrA\ /ATImr] Section B. Street &Restoration Improvements p BID PRICES ACTUALS Change ITEM No. DESCRIPTION UNITS EST. QUAN UNIT PRICE TOTAL ACTUAL QUAN. ACTUAL TOTAL From Contract 100 Mobilization L.S. 1 $4,900.00 $4,900.00 1 $4,900.00 $ 101 Traffic Control L.S. 1 $4,295.00 $4,295.00 1 $4,295.00 $ - 102 Clear Tree EA. 5 $150.00 $750.00 6 $900.00 $ 150.00 103 Grub Tree EA. 2 $20.00 $40.00 3 $60.00 $ 20.00 104 Remove & Dispose Rail Road Timbers LS 1 $300.00 $300.00 1 $300.00 $ 105 Salvage & Install Mailbox EA. 3 $70.00 $210.00 6 $420.00 $ 210.00 106 Sawcut & Remove Bituminous Pavement S.Y. 240 $3.00 $720.00 240 $720.00 $ - 107 Sawcut & Remove Concrete Curb and Gutter LF 1400 $2.20 $3,080.00 1468 $3,229.60 $ 149.60 108 Sawcut & Remove Concrete Valley Gutter LF 150 $3.00 $450.00 150 $450.00 $ - 109 Salvage & Reinstall Sanitary Manhole Casting EA. 6 $425.00 $2,550.00 6 $2,550.00 $ - 110 Sanitary Sewer Manhole Protection EA. 6 $50.00 $300.00 6 $300.00 $ 111 Storm Sewer Inlet Protection EA. 5 $70.00 $350.00 5 $350.00 $ - 112 Bituminous Pavement Reclamation S.Y. 4320 $0.95 $4,104.00 4320 $4,104.00 $ 113 Salvage & Replace Reclaimed Aggregate Base L C.Y. 910 $7.00 $6,370.00 250 $1,750.00 $ 4,620.00 114 Sub grade Excavation LV C.Y. 440 $7.00 $3,080.00 1115 $7,805.00 $ 4,725.00 115 Sub grade Preparation R.S. 14 $175.00 $2,450.00 14 $2,450.00 $ - 116 Ag regale Base, Class 5 T 180 $13.00 $2,340.00 719 $9,347.001 $ 7,007.00 117 B618 Concrete Curb and Gutter L.F. 1400 $11.50 $16,100.00 1468 $16.882.001 $ 782.00 118 Concrete Valley Gutter S. F. 725 $5.40 $3,915.00 0 $0.00 $ 3,915.00 119 Bituminous Wearing Course SPWEB240C T 920 $67.45 $62,054.00 954.38 $64,372.931 $ 2,318.93 120 Bituminous Driveway Patch SPWEA240B T 30 $125.00 $3,750.00 32 $4.000.001 $ 250.00 121 1 Bituminous Tack Coat G 230 $2.50 $575.00 230 $575.00 $ 122 Select To soil Borrow - Pulverized (LV) C.Y. 200 $14.70 $2,940.00 218 $3,204.60 $ 264.60 123 Silt Fence L.F. 200 $2.20 $440.00 200 $440.00 $ 124 Rock Construction Entrance EA. 5 $200.00 $1,000.00 5 $1,000.00 $ - 125 Seed, Fertilizer, Mulch, Disc Anchor AC. 0.4 $1,260.00 $504.00 0.5 $630.00 $ 126.00 126 Sod, Type Lawn S.Y. 1450 $3.25 $4,712.50 1950 $6,337.50 $ 1,625.00 Total Section B. Street & Restoration Improvements $132,279.50 $141,372.63 $9,093.13 vJ7o or iotai YY;FI (y5 %0) "I'OU /.1U PP #2 (95 %) $105,845.39 PP #3 (95 %) $72,486.23 PP #4 (95 %) $9,583.35 Total Earned Minus 5% Retainage $239,422.07 Retainage Wthheld (5 %) $12,601.16 Total Earned $252,023.23 BID PRICES I ACTUALS I CHANGE SECTION A SECTION B $109,656.00 $132,279.50 $110,650.60 $141,372.63 $994.60 $9,093.13 $241,935.601 $252,023.231 $10,087.73 vJ7o or iotai YY;FI (y5 %0) "I'OU /.1U PP #2 (95 %) $105,845.39 PP #3 (95 %) $72,486.23 PP #4 (95 %) $9,583.35 Total Earned Minus 5% Retainage $239,422.07 Retainage Wthheld (5 %) $12,601.16 Total Earned $252,023.23 ^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT DATE: Mayor and Council Members Jim Dickinson, City Administrat David D. Berkowitz, Director of Engineer Award Bid /07- 20/Parkside at Andover Station 3rd Addition (Supplemental) - Engineering September 18, 2012 INTRODUCTION The bid opening for Parkside at Andover Station 3`d Addition, Project 07 -20 is scheduled for Monday, September 171h at 10:00 a.m. The bid results will be provided to the City Council as supplemental information at the meeting. Respectfully submitted, David D. Berkowitz A C I T Y 0 F NLDbONYEA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV To: CC: From: Subject: Date: Mayor and Council Members Jim Dickinson, City Administrator David D. Berkowitz, Director of Pub, Wo s /City Engineerbb2� Kameron Kytonen, Natural Resources T Accept Donation /11 -10 /South Coon Creek Drive NW Reconstruction/Mickman Brothers - Engineering September 18, 2012 INTRODUCTION One component of the South Coon Creek Drive Reconstruction Project is to install a rain garden on the corner of South Coon Creek Drive and Raven Street to capture storm water runoff and allow for infiltration. This will be planted with a variety of flowers, grasses and shrubs. DISCUSSION This past spring, City staff had conversations with staff at Mickman Brothers, Inc. and they decided that they would like to donate $1,000.00 to the City of Andover to help fund the plant material for the garden. The City would recognize Mickman Brothers by installing a sign by the rain garden indicating the plant material was compliments of "donation by Mickman's." ACTION REQUESTED The City Council is requested to approve the resolution accept the donation from Mickman Brothers, Inc. Respectfully submitted, 4L-11 ameron Kyt6nen Natural Resources Technician Attachment: Resolution's CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER FOR RAIN GARDEN PLANT MATERIAL FOR PROJECT NO. 11 -10, SOUTH COON CREEK DRIVE NW RECONSTRUCTION. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from Mickman Brothers, Inc. for rain garden plant material is to be for Project No. 11 -10, South Coon Creek Drive NW Reconstruction. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution for Project No. 11 -10, South Coon Creek Drive NW Reconstruction for rain garden plant material. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 18th day of September, 2012, with Councilmember's voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk C T Y O F I I• 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 Dire FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Award Quote Surface Seal Brick Structures DATE: September 18, 2012 INTRODUCTION This item is in regard to awarding the quote for surface sealing all brick and/or block municipal buildings. DISCUSSION Surface sealing all brick and block structures is necessary to ensure the long -term integrity of the municipal buildings. The buildings include: City Hall; Public Works (including the panels); Fire Station 1, 2, & 3; park buildings at Sunshine, Prairie Knoll, & Andover Station North; Community Center (block portions); Water Treatment Plant; and all pump houses. The structures were sealed five years ago and after this coating, the next time it will be needed can be extended out to ten years. The quotes received are for the preparation and application of a clear waterproof seal applied to masonry surfaces. Part of the preparation includes covering any items that do not need coated; including plants, grass, windows, metal surfaces, etc. from overspray or spattering. Smith Brothers Decorating Co $64,320 High Point Exteriors LLC $82,950 Staff is recommending that the quote be awarded to Smith Brothers Decorating Co based on their low quote BUDGET IMPACT As noted in the 2012 -2016 Capital Improvement Plan, this project is funded through the Capital Projects Levy, Community Center Operations Special Revenue Fund and the Water Enterprise Fund. ACTION REQUESTED The Andover City Council is requested to approve quotes and award the quote to Smith Brothers Decorating Company in the amount of $64,320 for surface sealing municipal buildings. Respectfully submitted, Lee Brezinka Attachments: 2012 -2016 CIP Project Page, Quotes a Capital Plan City of Andover, MN Project# 12- 41900 -01 Project Name Surface Seal all Brick Structures 2012 lhrl, 2016 Type Improvement Department Facility Management Useful Life 5 years Contact DPW / City Eng-ineer Category Facility Management Priority I - High A surface sealing application would be initiated for all brick and/or block municipal buildings. The buildings include: City Hall, Public Works, Fire Station 1, 2, & 3, Sunshine Park Building, Prairie Knoll Park Building, Andover Station North Park Building, Community Center and all utility department buildings such as the pump houses and treatment facility. Justification This is a necessary maintenance item to ensure the long term integrity of the municipal buildings. 1 Expenditures 2012 2013 2014 2015 2016 Total Facility Maintenance 75,000 75,000 Total 75,000 75,000 Funding Sources 2012 2013 2014 2015 2016 Total Capital Projects Levy 22,500 22,500 Comm Ctr Operations 32,000 32,000 Water Fund 20,500 20,500 Total 75,000 75,000 Budget Impact/Other I Phis will reduce the amount of long tern maintenance and repair to the municipal buildings. 26 SMITH BROTHERS a■-i Decont� �o COMMERCIAL & RESIDENTIAL PAINTING & WATERPROOFING —Since 1984 — �rnpnSal EMAILED X FAXED 8/23/12 BY CK MAILED PROPOSAL SUBMIT'1'GDTO PHONE FAYJEMA1L DATE City of Andover, City Hall Attn: Ron Scott 763 755 8118 763 767 5190 8123/12 STREET JOB NAME 1785 Crosstown Blvd. City Buildings Cf IY, STA'T'E d ZIP CODE JOB LOCATION Andover, N/ N 55304 Various locations throughout the City of Andover We hereby submit specifications and estimates for. Prepare and clear waterproof seal all exterior masonry surfaces (brick, concrete block, and concrete panel). Preparation to include covering to protect any items not to be coated, including plants, grass, windows, metal surfaces, etc from overspray or spattering. Clean up and rennove all construction debris. Provide 10 year waterproof warranty. YMCA Building, brick only, . $7,800.00 Andover water treatment plant and 7 pump houses throughout the city. 16,720.00 Fire Stations #l, 2, and 3: 15,600.00 City Hall, 6 place garage at City Hall. 7,450.00 Office portion of Public Works Building and exterior front of storage garage at Public Works. 6,750.00 Main public works storage building. 10,000.00 Total: $64.320.00 $3e i)mpolte hcreby to furnish material and labor— complete in accordance with above speci licalio ts, for the sum of Payment to or As work "NOTICE TO OWNER" Under the Mechanics' Lion law, any contractor, subcontractor, laborer, materialman or other person who helps to improveyeur property and is not paid forhis labor, services or material, has a right to enforce his claim against your property. Under the law, you may protect yourselfagainst each claims by fning, before commencing such work of improvement. and original contract forthe work of improvement of a modification thereof, in Cite office ofthe county recorded of t he county where file property is situated and requiring that a contractor's payment bond be recorded in such office. Said bond shall be in an amount not less that lifty percent (50 %) or die contract price and shall, in addition to any conditions for the pafovrtance of the cont=, be conditioned for the paymcm in full of the claims of all persons furnishing labor, services, equipment or material for the work described in said contract. HrcmLana at lroposei —Tire above prices, specifications and conditions are satisfactory and are hereby accepted. You'are amhorircd to do the work as specified. Payment will be made as outlined above. Date of Accentance Amhcrizcd Sierature Note: This proposal may be witbdawm by us ifnoraccepted within daes Payment by credit card available ata n additional 3% chic roc OC the total. , 17362 HNvy 65 Ham Lake, MN 55304 Phone: 763.434.2471 Fat:: 763. 434.5506 www.sbdecorating.com ill HIGH POINT EXTERIORS LLC 4027 220TH AVE NW OAK GROVE, MN 55303 612 - 817 -0930 LIC# BC632055 I Name / Address I CITY OF ANDOVER PUBLIC WORKS ATTN: RON SCOTT 1685 CROSSTOWN BLVD NW ANDOVER, MN 55304 Estimate Date Estimate # 9/10/2012 1966 Project Description Qty Rate Total PREPARE AND CLEAR COAT ALL EXTERIOR CONCRETE 79,000 1.05 82.950.00 BLOCK AND BRICK SURFACES WITH CLEAR SEALER 20% SOLUTION SILOXANE PB CHEMTRETE APPLIED WITH LOW PRESSURE BUILDINGS TO BE TREATED INCLUDE: CITY HALL PUBLIC WORKS OFFICE(FRONT AND BACK WALLS) 7 PUMP HOUSES 3 FIRE STATIONS PUBLIC WORKS TRUCK STORAGE BUILDING WATER TREATMENT PLANT YMCA COMMUNITY BUILDING(BRICK PORTION ONLY) CITY BALL CAR GARAGE PREP ALL JOB SITES BY COVERING GLASS. LIGHTS. METAL. SURFACES AND DOORS. PLANTS TO PREVENT EXPOSURE. WORK WITH CITY TO PREVENT OVER SPRAY OF VEHICLES, TOTAL SQUARE FOOTAGE APPROXIMATELY 79000 SQUARE FEET "Thank You for the opportunity! Total $82.950 .00 . T Y • DOVE^ S 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 Dire( FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Declare Surplus Equipment DATE: September 18, 2012 INTRODUCTION The Finance Department is requesting City Council's approval to declare the following list of equipment as surplus property and to authorize the sale of these items through a State of Minnesota authorized process. • Unit #510 -1995 Chevrolet 3500 4x4 w/ plow; 102,370 miles • Unit #511 - 1995 Ford F350 44 w/ plow; 84,160 miles These items no longer in use, outdated, and/or have been replaced and no longer needed by staff. BUDGET IMPACT The revenues from the sale of the equipment will be recorded in the appropriate funds and used for future purchases and/or operations. ACTION REQUESTED Staff is recommending that the City Council declare all items as surplus property and authorize the sale through a State of Minnesota authorized process. Respectfully submitted, Lee Brezinka • OVEA (iD 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administr Commander Kevin Halweg - A Office Anoka County Sheriffs Office Monthly Report - Sheriff September 18, 2012 INTRODUCTION Lt. Shelly Orlando from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Commander Kevin Halweg Anoka County Sheriff's Office A,46W^� 1685 CROSSTOWN BOULEVARD N.W. • AN119VER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • I.ANDOVER.UbL%W5 TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Dave Carlberg, Community Deve men Director FROM: Stephanie L. Hanson, City Planner SUBJECT: Public Hearing/Vacation of Easement/ Lot 13 Block 4, Woodland Oaks, 15754 Yellow Pine St NW - Planning DATE: September 18, 2012 INTRODUCTION The proposed vacation of easement would eliminate the encroachment of a detached accessory structure placed in a portion of the drainage and utility easement. DISCUSSION The property owner Mr. Paul Morgenstern, is requesting a vacation for a portion of an existing easement in which an existing 8 x 12 accessory structure encroaches. Mr. Morgenstern was unaware of the encroachment until staff brought it to his attention during a routine site inspection for the placement of a fence on the property. The City Engineer and Coon Creek Watershed District have reviewed the proposal and have no issues with the vacation. However, the drainage and utility easement is part of a wetland protected by Minnesota Chapter 8420 Wetland Conservation Act (WCA). WCA wetlands must not be impacted unless by restoring, or creating wetlands of equal public value. The required replacement of wetland impacts is at a 2:1 ratio from an approved wetland bank. In this case, 90 sq. ft is impacted therefore 180 sq. ft of wetland credits will need to be purchased. ACTION REQUESTED The Council is asked to hold a public hearing and approve the vacation of easement. Attachments Resolution Location Map Easement Vacation Exhibit RespectfALHanson mit d, Stephanie CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO RXXX -12 A RESOLUTION GRANTING THE VACATION OF EASEMENT ON LOT 13 BLOCK 4 WOODLAND OAKS LEGALLY DESCRIBED ON THE ATTACHED EASEMENT VACATION EXHIBIT AND AS FOLLOWS: For the purposes of a permanent easement vacation over, under and across that part of Lot 13, Block 4, WOODLAND OAKS, Anoka County, Minnesota, lying northwesterly of the Southeast 40.00 feet and lying easterly of the West 8.00 feet and lying southwesterly of a line drawn from a point on the west line of said lot 39.79 feet southerly of the northwest corner of said lot to a point on the southeast line of said lot 61.10 feet northeasterly of the southwest corner of said lot. WHEREAS, the applicant has requested to vacate the previously described portion of drainage and utility easement; and WHEREAS, a public hearing was held and there was no opposition to the request. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement. Adopted by the City Council of the City of Andover on this 18"' day of September, 2012 subject to the following: 1. The vacation of easement shall be recorded at Anoka County. ATTEST Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor PIA W ^C LL O } Lo L,- L0 La CDL 5� L - n, 1 XEON ST 1s N09K XEON ST 15 N0.4 x R i 9 i n Irll AA w t a -.., w w I w w i w '. ri 1 w w w 1 w w M •:' Q ..._ w w 1g 3NId M0773A YELLOW PINE ST YELLOW PINE ST �- � � -' YE��'O�' \- N 1S �0 M ~ v AVOCET ST 1513JOAV n V No - 153NVtlJ 1S 3NVbo CRANE ST It � I j � � V i x t Y O N • � w � H, wl w n 153XVN0 ' N „ 111 1 ..__ i n w � -. •,� S5 3AVN0 DRAKE 5 o e iv E R w w i w n v i t CIA79NOSNVH OA79 NOSNVH i y V m 93 N N O Q CL L N O C N � O w W w ° m � a N C w a` N O C a 0 0 t N 0 T 0 O R t0 � C C O O n m N O 0 O E o- a 'O U c N N h N � ` w � ° a rn�¢ 9 9 c �'c o�¢ o 0 5 � � L N N ` F- (D E o I6 E O A O N N O OwU O r N M O O 0 O U) ,1 jf 0571301ilW a M , i 1 10 N n I t #15-7 5 5 Y 11 I 1 DECK O— — ZZ1,111 8.6 X /'' 8 SHE O ON Q \ � �R1�1SY \� O \�EPSEME�� �J0 0 ,, • DENOTES FOUND IRON MONUMENT LEGAL DESCRIPTION Lot 13, Block 4, WOODLAND OAKS, Anoka County, Minnesota Z N Ul 2 3 i O o 0 15 30 60 SCALE IN FEET Design File: xxxxx Checked BY xxx I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Land Surveyor under Minnesota statutes 326.02 to 328.16. rcmeoxa LOT SKETCH ALLIANT ENGINEERING, INC. Dw Name: g Drawn B . Y xxxxx.DWG PG Print Name ANDOVER, MN Signature 233 PARK AVE. SOUTH, SUITE 300 MINNEAPOLIS, MN 55415 Dote: Scale: 7/18/2012 X.=,. Date License Number PHONE (612) 758-3080 FAX (612) 758-3099 Alliant Engineering, Inc. LEGAL DESCRIPTION For the purposes of a permanent easement vacation over, under and across that part of Lot 13, Block 4, WOODLAND OAKS, Anoka County, Minnesota, lying northwesterly of the Southeast 40.00 feet and lying easterly of the West 8.00 feet and lying southwesterly of a line drawn from a point on the west line of said lot 39.79 feet southerly of the northwest corner of said lot to a point on the southeast line of said lot 61.10 feet northeasterly of the southwest corner of said lot. 233 Park Avenue South, Suite 300, Minneapolis Minnesota 55415 -1108 Phone 612.758.3080, Fax 612.758.3099 ND OVE: 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- Dave Carlberg, Community Develo irector FROM: Stephanie L. Hanson, City Planner 15, SUBJECT: Public Hearing/Vacation of Easements/Lots 1 -5, Block 1 and Outlots A, B, and C, Parkside at Andover Station 2nd Addition - Planning DATE: September 18, 2012 INTRODUCTION The Andover Economic Development Authority is requesting a vacation of easements. The proposed vacation of easements would eliminate drainage and utility easements on Lots 1 -5, Block 1, and Outlots A,B, and C; and a conservation easement on part of Outlot B. DISCUSSION The proposed vacation of existing drainage and utility easements and conservation easement is one step in clearing the way for the proposed project. A revised preliminary plat and Planned Unit Development (PUD) to change the types of houses from townhome to single - family houses was heard by the Planning Commission on September 11 and is scheduled for review by the Council on September 18. The proposed vacation of easement is contingent upon approval of the final plat for Parkside at Andover Station 3rd Addition and establishment of new drainage and utility easements. The vacation of easement resolution and final plat will be required to be recorded concurrently. ACTION REQUESTED The Council is asked to hold a public hearing and approve the vacation of easements. Attachments Resolution Location Map Easement Vacation Exhibit Conservation Easement Agreement V e spect 4Il( y a submitted, L. Hanson CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO RXXX -12 A RESOLUTION GRANTING THE VACATION OF EASEMENTS ON LOTS 1 -5, BLOCK 1 AND OUTLOTS A, B, AND C PARKSIDE AT ANDOVER STATION 2ND ADDITION LEGALLY DESCRIBED ON THE ATTACHED EASEMENT VACATION EXHIBIT AND AS FOLLOWS: Those drainage and utility easements as dedicated per the recorded plat of Parkside at Andover Station 2nd Addition, Anoka County, Minnesota described as follows: Vacation of Easement (12 -04) to vacate drainage and utility described as Those drainage and utility easements over, under and across Lots 1 -5, Block 1 and Outlots A, B, and C, Parkside at Andover Station 2nd Addition, Anoka County, Minnesota. Vacation of Conservation Easement described as That part of Outlot B, PARKSIDE AT ANDOVER STATION 2ND ADDITION, according to the recorded plat thereof, Anoka County, Minnesota, described as follows: Beginning at the most easterly southeast corner thereof, for the purposes of this description, the northeasterly line of said Outlot B is assumed to bear North 68 degrees 56 minutes 31 seconds West; thence South 81 degrees 10 minutes 23 seconds West, along the south line thereof, a distance of 57.44 feet to an angle point in said south line; thence South 7 degrees 07 minutes 24 seconds East, along the east line of said Outlot B, a distance of 14.50 feet to the most southerly southeast corner thereof, thence westerly along the south line of said Outlot B, being a non - tangential curve, concave to the north, having a radius of 980.50 feet and a central angle of 1 degree 21 minutes 34 seconds, a distance of 23.27 feet, the chord of said curve bears South 83 degrees 33 minutes 23 seconds West; thence North 05 degrees 45 minutes 49 seconds West, not tangent to said curve, a distance of 28.78 feet; thence North 09 degrees 29 minutes 32 seconds East, a distance of 55.37 feet; thence North 14 degrees 54 minutes 16 seconds East, a distance of 76.15 feet; thence North 10 degrees 06 minutes 01 seconds East, a distance of 72.73 feet; thence North 00 degrees 20 minutes 21 seconds East, a distance of 96.86 feet; thence South 77 degrees 29 minutes 13 seconds East, a distance of 38.13 feet to an angle point in the most easterly line of said Outlot B, distant 292.19 feet northerly from the point of beginning, as measured along said most easterly line; thence southerly along said line, a distance of 292.19 feet to the point of beginning. And that part of said Outlot B described as follows: Beginning at a point on the most easterly line thereof distant 25.00 feet southerly of the northeast corner of said Outlot B; thence north 68 degrees 56 minutes 31 seconds West, assumed bearing, parallel with the northerly line thereof, a distance of 77.48 feet; thence South 14 degrees 45 minutes 05 seconds East, a distance of 74.28 feet; thence South 05 degrees 54 minutes 19 seconds East, a distance of 79.75 feet; thence South 77 degrees 29 minutes 13 seconds East, a distance of 35.53 feet to an angle point in the most easterly line of said Outlot B, distant 133.76 feet southerly from the point of beginning, as measured along said most easterly line; thence northerly along said line, a distance of 133.76 feet to the point of beginning. WHEREAS, the Andover Economic Development Authority has requested to vacate the previously described drainage and utility easements and conservation easement; and WHEREAS, a public hearing was held and there was no opposition to the request. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easements and conservation easement. Adopted by the City Council of the City of Andover on this 18th day of September, 2012 subject to the following: 1. Approval is contingent upon approval of the Parkside at Andover Station revised preliminary and final plats. 2. The vacation of easement shall only be recorded at Anoka County concurrently with the final plat of Parkside at Andover Station 3'd Addition. 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Vacation of Conservation Easement described as That part of Outlot B, PARKSIDE AT ANDOVER STATION 2ND ADDITION, according to the recorded plat thereof, Anoka County, Minnesota, described as follows: Beginning at the most easterly southeast corner thereof, for the purposes of this description, the northeasterly line of said Outlot B is assumed to bear North 68 degrees 56 minutes 31 seconds West; thence South 81 degrees 10 minutes 23 seconds West, along the south line thereof, a distance of 57.44 feet to an angle point in said south line; thence South 7 degrees 07 minutes 24 seconds East, along the east line of said Outlot B, a distance of 14.50 feet to the most southerly southeast corner thereof; thence westerly along the south line of said Outlot B, being a non - tangential curve, concave to the north, having a radius of 980.50 feet and a central angle of 1 degree 21 minutes 34 seconds, a distance of 23.27 feet, the chord of said curve bears South 83 degrees 33 minutes 23 seconds West; thence North 05 degrees 45 minutes 49 seconds West, not tangent to said curve, a distance of 28.78 feet; thence North 09 degrees 29 minutes 32 seconds East, a distance of 55.37 feet; thence North 14 degrees 54 minutes 16 seconds East, a distance of 76.15 feet; thence North 10 degrees 06 minutes 01 seconds East, a distance of 72.73 feet; thence North 00 degrees 20 minutes 21 seconds East, a distance of 96.86 feet; thence South 77 degrees 29 minutes 13 seconds East, a distance of 38.13 feet to an angle point in the most easterly line of said Outlot B, distant 292.19 feet northerly from the point of beginning, as measured along said most easterly line; thence southerly along said line, a distance of 292.19 feet to the point of beginning. And that part of said Outlot B described as follows: Beginning at a point on the most easterly line thereof distant 25.00 feet southerly of the northeast corner of said Outlot B; thence north 68 degrees 56 minutes 31 seconds West, assumed bearing, parallel with the northerly line thereof, a distance of 77.48 feet; thence South 14 degrees 45 minutes 05 seconds East, a distance of 74.28 feet; thence South 05 degrees 54 minutes 19 seconds East, a distance of 79.75 feet; thence South 77 degrees 29 minutes 13 seconds East, a distance of 35.53 feet to an angle point in the most easterly line of said Outlot B, distant 133.76 feet southerly from the point of beginning, as measured along said most easterly line; thence northerly along said line, a distance of 133.76 feet to the point of beginning. 111111 IIIII IIIII IIIII lllll IIIII IIIII Illl IIII Record ID 1753012 489875.003 Easement Parkside At Andover Station Phase II THIS EASEMENT is made this SA day of Sorrs.0 ff 2006, by Bruggeman Properties, LLC, a Minnesota limited liability company, ( Bruggeman), to the City of Andover, a municipal corporation, (City). WITNESSETH, that Bruggeman for value received does hereby dedicate to the City an easement for conservation purposes over the land located within the City of Andover, County of Anoka, State of Minnesota, described as follows: That part of Outlot B, PARKSIDE AT ANDOVER STATION 2ND ADDITION, according to the recorded plat thereof, Anoka County, Minnesota, described as follows: Beginning at the most easterly southeast comer thereof, for the purposes of this description, the northeasterly line of said Outlot B is assumed to bear North 68 degrees 56 minutes 31 seconds West; thence South 81 degrees 10 minutes 23 seconds West, along the south line thereof, a distance of 57.44 feet to an angle point in said south line; thence South 7 degrees 07 minutes 24 seconds East, along the east line of said Outlot B, a distance of 14.50 feet to the most southerly southeast corner thereof; thence westerly along the south line of said Outlot B, being a non - tangential curve, concave to the north, having a radius of 980.50 feet and a central angle of 1 degree 21 minutes 34 seconds, a distance of 23.27 feet, the chord of said curve bears South 83 degrees 33 minutes 23 seconds West; thence North 05 degrees 45 minutes 49 seconds West, not tangent to said curve, a distance of 28.78 feet; thence North 09 degrees 29 minutes 32 seconds East, a distance of 55.37 feet; thence North 14 degrees 54 minutes 16 seconds East, a distance of 76.15 feet; thence North 10 degrees 06 minutes 01 seconds East, a distance of 72.73 feet; thence North 00 degrees 20 minutes 21 seconds East, a distance of 96.86 feet; thence South 77 degrees 29 minutes 13 seconds East, a distance of 38.13 feet to an angle point in the most easterly line of said Outlot B, distant 292.19 feet northerly from the point of beginning, as measured along said most easterly line; thence southerly along said line, a distance of 292.19 feet to the point of beginning. Page 1 of 3 And that part of said Outlot B described as follows: Beginning at a point on the most easterly line thereof distant 25.00 feet southerly of the northeast corner of said Outlot B; thence North 68 degrees 56 minutes 31 seconds West, assumed bearing, parallel with the northerly line thereof, a distance of 77.48 feet; thence South 14 degrees 45 minutes 05 seconds East, a distance of 74.28 feet; thence South 05 degrees 54 minutes 19 seconds East, a distance of 79.75 feet; thence South 77 degrees 29 minutes 13 seconds East, a distance of 35.53 feet to an angle point in the most easterly line of said Outlot B, distant 133.76 feet southerly from the point of beginning, as measured along said most easterly line; thence northerly along said line„ a distance of 133.76 feet to the point of beginning. For purposes of this easement, there shall be no mowing, lawn installation, storage, construction, disposal of yard wastes, disposal of pet wastes, general dumping, development or improvements within the easement area and that the easement area shall be left in a natural state. Additional planting of native plant materials consistent with the City of Andover Tree Planting Recommendations is permitted. State Deed Tax Due: None IN WITNESS WHEREOF, the parties have hereunto set their hands this ( day of Q G—j-p6M , 2006 �,-- STATE OF MINNESOTA ) COUNTY OF =6V12kN )SS. This instrument was acknowledged TAcu t_ Z9,qCcPmAtA Bruggeman Properties, LLC a limited behalf of the limited liability company. ----------- IIAMAM�V1y1idElityk`JiM14b GREGORY MUM.! SCHLINK NOTARY PUBLIC-MINNESOTA ' IAy Com,+issian spires J:n. at, 2769 .eu�nanhn+�n+�nrn.a BRUGGEMAN PROPERTIES, LLC before me this 2(0 }h day of October, 2006 by the ?a-TS t!-W'L �'- of liability company under the laws of Minnesota on Af Notary Public t Page 2 of 3 y � NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota has accepted on SLU -femAe z .t , 2006 the above described easement in this document. Dated: THIS INSTRUMENT WAS DRAFTED BY: Bruggeman Properties, LLC 3564 Rolling View Drive White Bear Lake, MN 55110 (651) 770 -2981 CITY OF ANDOVER By: L)_ __._ _� U-&- Clerk Page 3 of 3 EAL) I flit, THIS INSTRUMENT WAS DRAFTED BY: Bruggeman Properties, LLC 3564 Rolling View Drive White Bear Lake, MN 55110 (651) 770 -2981 CITY OF ANDOVER By: L)_ __._ _� U-&- Clerk Page 3 of 3 r a i Jj 1` r y sill sill. , 0 0 a� s QL (Oil 0 1 1 k 0 �W cj O { ` tZ 3 / u L�� Y % tea, u1 / @9 g NN a ;;' [i.H 6t'YRI � ZLY LIXpI a s'MN 133= L3 NW 9 1 � o r I „r r 1 I 1 j n hf 1- c k :D �1 -: r: i �9h 1 11: 3 1 : 1 .p !Intyy�, r F• I IFI :.J .r �■ I_ �J t. :s wa F: :�. ii1 !~ � S -, � ,� 4» ±� �. .Ati k L+ l :.� ..- �•.......s. «...- ..array. >..- .- ,.— ...- M- . «...... �,.< ».,.�...- "'����; �' .� .,,�_...+r,.�... :..�.o .ter -. f ♦.�e.,� NDO A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: City Council Members Jim Dickinson, City Administrat FROM: David L. Carlberg, Community Development Director SUBJECT: Revised Preliminary Plat and Planned Unit Development Review of Parkside at Andover Station in the northeast quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. DATE: September 18, 2012 INTRODUCTION The City Council is asked to review and approve the revised preliminary plat and Planned Unit Development (PUD) of Parkside at Andover Station. DISCUSSION The first and second phases of the preliminary plat/PUD have been revised to change the style of housing from attached townhome units and detached single level townhome units to single family houses /units. The portion of the plat affected by these changes is shown in the attachments. This adjustment reduces the number of units in Phase I from the planned 24 attached townhome units (three 8 plexes) to 9 single family units and increases the number of units in phase II from 33 detached single level townhome units to 36 single family units/ lots. Note: Lots 1 and 2, Block 1 have been built on with a previously approved subdivision. Planned Unit Development Standards The setbacks previously approved were as follows: Front Yard Setback - 20 feet Rear Yard Setback - 33 feet Side Yard Setback - 5 feet Side Yard Setback from Street - 25 feet The proposed setbacks with this revision are as follows: Front Yard Setback - 20 feet Rear Yard Setback - 30 feet (results in a 3 foot reduction) Side Yard Setback - 5 feet Side Yard Setback from Street - 20 feet (results in a 5 foot reduction) Buildabiiity Soil borings have been completed and a grading plan has been prepared illustrating the low floor elevations of each unit. Sufficient information has been provided to demonstrate the project can be constructed as proposed. Streets Public streets have been constructed providing interior access through the development. The streets meet the City's typical urban street requirements (33 feet wide within a 60 foot wide right -of -way) which will allow parking on both sides of the street. There are two areas of guest parking along 139`11 Avenue NW and 140th Avenue NW that will be removed with this project. Pedestrian Access A bituminous trail has been constructed along the south side of 139th Avenue NW and along the west side of Linnet Street NW. The trails link the proposed project as well as the neighborhood to the west to the community park to the north and the commercial development to the east and south. Easements Easements are provided at the perimeter of each building site as shown on the attached Preliminary Plat. The easements will provide sufficient area for drainage and utilities. Tree Preservation A conservation easement to preserve a stand of trees located in Block 2 was provided with the initial phases of the project. To accommodate the new single family lots and house designs a number of the trees will need to be removed. A vacation of this easement will be necessary and is scheduled for public hearing on the September 18, 2012 City Council agenda. City staff and the builder will work to preserve as many trees as possible as the lots are graded and developed. Park Dedication Park dedication and trail fees have been satisfied by the Andover Economic Development Authority in the development of the Andover Station North ball fields located to the north of the project and other related site amenities. Unit Style Three different styles of single family homes are being proposed by the builder, Capstone Homes. Each home style has a number of architectural and color options that will be applied to prevent repetition. Architectural drawings of the proposed units are included in the attachments. Conformance with Local Plans and Ordinances The property is located in the Metropolitan Urban Service Area (MUSA) and within the current stage of sewer expansion. A previous Comprehensive Plan Amendment changed the land use designation of the property from General Business to Urban Residential Medium Density. 2. The property is currently zoned M -1, Multiple Dwelling Medium Density. 3. The proposed project requires Planned Unit Development Review to establish standards unique to this development. The Planning Commission is asked to review the proposed P.U.D. based on City Code 13 —3, "Planned Unit Development. " City Code 13 -3 -11 identifies Desirable PUD Design Qualities that are sought in any PUD proposal. These qualities are listed below. A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this Chapter. B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. C. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back -to -back lots. D. Preserves existing stands of trees and/or significant trees. E. Provides considerable landscaping treatments that compliment the overall design and contribute toward an overall landscaping theme. F. Preserves significant usable space on individual lots or through the provision of open space within the development. G. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. H. The proposed structures within the development demonstrate quality architectural design and the use of high quality building materials for unique design and detailing. I. The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners association. Staff Recommendation Staff recommends approval of the proposed project subject to the conditions of the attached resolution. Planning and Zoning Commission Recommendation The Planning and Zoning Commission recommends approval of the proposed project subject to the conditions of the attached resolution. Condition #9 was added by the Commission. The City Attorney has review this condition and his response can be found in the attached email. ACTION REQUESTED The City Council is requested to approve the revised Preliminary Plat and Planned Unit Development subject to the conditions of the attached resolution. Attachments Resolution Previously Approved Resolution R052 -05 Draft Planning Commission Meeting Minutes Email from Scott Baumgartner, City Attorney Proposed Architectural Drawings Anal View Area Map Revised Preliminary Plat Plan Set (11x17 in packet) Previously Approved Layout Respectfully submitted, LI" acA-- David L. Carlberg CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R -12 A RESOLUTION AMENDING RESOLUTION R052 -05 TO MODIFY THE PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT STANDARDS OF "PARKSIDE AT ANDOVER STATION' LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS: Lots 1 -5, Block 1, and Outlots A, B, and C, Parkside at Andover Station 2nd Addition according to the recorded plat thereof, Anoka County, Minnesota and; WHEREAS, The Andover Economic Development Authority has requested approval of a revised preliminary plat and revised planned unit development standards; and WHEREAS, the Andover Review Committee has reviewed the revised preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said preliminary plat; and WHEREAS, as a result of such public hearing, the Planning Commission has reviewed the request and determined that said request meets the criteria of City Code 13 Planned Unit Development and the intent of the previously approved preliminary plat; and WHEREAS, the Planning Commission recommends to the City Council the approval of the preliminary plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the revised preliminary plat and planned unit development review of Parkside at Andover Station, with the following conditions: 1. The Preliminary Plat shall conform to the plans revised August 29, 2012 and stamped received on August 30, 2012. 2. Exhibit B shall regulate the lot dimensions and setbacks for the proposed development. 3. The development shall conform to City Code Titles 11, 12, and 13, as well as Exhibit B " Parkside at Andover Station Design Standards ". Exhibit B shall regulate when in conflict with the City Code. 4. All previous conditions of Resolution R052 -05 not modified by this resolution shall remain in effect. 5. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 6. Park dedication and trail fees have been satisfied by the Andover Economic Development Authority in the development of the Andover Station North ball fields located to the north of the project and other related site amenities. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 8. The conservation easement shall be vacated prior to the recording of the final plat. 9. The City Attorney review the project and determine if allowing single - family homes in the M -1 District as part of this PUD would be acceptable. Adopted by the City Council of the City of Andover this 18th day of September, 2012. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor Parkside at Andover Station Preliminary Plat Resolution EXHIBIT B Amending Resolutions R052 -05 and R039 -06 and Parkside at Andover Station Design Standards The standards for lot width, lot depth, lot area and setbacks within the areas depicted as Phase I lying west of Linnet Street NW shall conform to the Preliminary Plat drawing revised August 29, 2012 and stamped received on August 30, 2012. 2. The standards for lot width, lot depth, lot area and setbacks within the undeveloped areas depicted as Phase II shall conform to the Preliminary Plat drawing revised August 29, 2012 and stamped received on August 30, 2012. 3. The building elevations for the area depicted on the preliminary plat shall generally conform to the drawings stamped received August 30, 2012. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R052 -05 A RESOLUTION APPROVING THE PRELIMINARY PLAT WITH PLANNED UNIT DEVELOPMENT REVIEW OF "PARKSIDE AT ANDOVER STATION' FOR PROPERTY LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, DESCRIBED AS IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 32 RANGE 24, ANOKA COUNTY MINNESOTA AS SHOWN ON THE ATTACHED PRELIMINARY PLAT WHEREAS, Bruggeman Homes has requested approval of a preliminary plat with Planned Unit Development Review of Parkside at Andover Station; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 13 Planned Unit Development with the following findings: J1. The project is efficiently designed and preserves space to provide common open space, preserve trees, implement an attractive landscaping theme and provide buffering from the single family neighborhood to the west. 2. The project provides pedestrian connections that will match the design standards established for Andover Station. 3. The project provides an attractive streetscape through the arrangement of structures, landscaping, lighting and trails. 4. The structures provide quality architectural design and low maintenance materials that will reduce maintenance costs and allow the project to remain attractive and well maintained into the future. WHEREAS, the applicant has requested approval of a variance to City Code 11 -3 -3 G. to allow a street terminating in a cul -de -sac to exceed 500 feet in length; and WHEREAS, the Planning Commission recommends approval of the variance based on the following findings: 1. A loop street providing a second access point will be completed as a public project at the time the community park to the north is developed. WHEREAS, the applicant has requested approval of a variance to City Code 9 -1 -4. to allow similar structures within 300 feet of one another; and WHEREAS, the Planning Commission recommends approval of the variance based on the following findings: 1. The proposed project has been designed to provide two types of housing and arranged to provide some variety within a unified overall theme. This design utilizes similar materials to reduce maintenance costs to allow the project to remain attractive and well maintained into the future. WHEREAS, the applicant has requested approval of a variance to City Code 11 -3 -3. to allow lots with less than 100 feet of buildable lot depth and lots with less than 116.5 feet of buildable lot depth adjacent to wetlands ; and WHEREAS, the Planning Commission recommends approval of the variance based on the following findings: 1. These standards were established to allow sufficient rear yard space for single family developments. The design of the proposed units, the relationship of lot boxes to common open space and reduced setbacks result in a different kind of neighborhood design. WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the i Preliminary Plat with Planned Unit Development Review, with the following conditions: 1. The Preliminary Plat shall conform to the plans revised January 28, 2005 and stamped received on February 23, 2005 except to be modified as follows: a. To create a separate.lot of record between the rear yards of Lots 1 -10, Block 2 and the side yards of Lots 11 -33, Block 2 to be owned by the homeowners association for recreation purposes for all owners within said association. 2. The development shall conform to City Code Titles 11, 12, and 13, as well as Exhibit B "Parkside at Andover Station Design Standards ". Exhibit B shall regulate when in conflict with the City Code. 3. Exhibit B shall regulate the lot dimensions, setbacks, area identification sign and landscaping plan for the proposed development. 4. A variance to City Code 11 -3 -3G. to allow a street terminating in a cul -de -sac to exceed 500 feet in length is hereby approved. 5. A variance to City Code 9 -1 -4. to allow similar structures within 300 feet of one another is hereby approved. 6. A variance to allow lots with less than 100 feet of buildable lot depth and lots with less than 116.5 feet of buildable lot depth adjacent to a wetland is hereby approved. 7. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 8. Park dedication and trail fees shall be based paid on a per unit basis at the rate in effect at the time of preliminary plat approval. This payment shall be based on the number of units on the final plat(s) and shall be made prior to the City's release of the final plat(s). 9. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 10. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 11. A property owners association shall be created with the following documents provided to the City Attorney for review and approval prior to being recorded with the final plat in accordance with City Code 11 -2 -3: a. Articles of Incorporation b. By -laws of the association C. Declaration of covenants, conditions and restrictions regulating the properties, exterior maintenance of the homes and maintenance of the common areas. Adopted by the City Council of the City of Andover this 15"' day of March, 2005. CITY OF ANDOVER ATTEST.. r� sr� %�� ��✓l Victoria Volk, City Clerk Aichael R. Gamache, Mayor Parkside at Andover Station Preliminary Plat Resolution EXHIBIT B Parkside at Andover Station Design Standards 1) The lot sizes and building setbacks shall conform to the Preliminary Plat drawing revised The Preliminary Plat shall conform to the plans revised January 28, 2005 and stamped received on February 23, 2005. 2) The building elevations shall conform to the drawings dated January 3, 2005 and stamped received January 3, 2005. 3) The Landscaping Plan shall conform to the plan revised January 28, 2005 and stamped received on February 23, 2005. 4) The area identification sign shall conform to the following Entry monument Detail. Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2012 Page 2 Commissioner Nemeth stated on page 8, the fourth "sated" should be changed to "stated" and on the ei should be inserted after the word "of'. DRAFT Cninth line, the word the word "crimes" Commissioner Nemeth stated on page 10 e ninth paragraph, it should be "Community Development Director Carlberg". Commissioner Holthus stat on page 9, the second paragraph, the sixth line, the word "use" should be chant to "used ". Motion by C issioner Cleveland, seconded by Commissioner Holthus, to approve the August j,4-,'2012 Regular Plannin an ded. Motion c - s, -nays vote. PUBLIC HEARING — REVISED PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT REVIEW OF PARKSIDE AT ANDOVER STATIONIN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA AS REQUESTD BY THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY Community Development Director Carlberg stated the Planning Commission is asked to review the revised plat and Planned Unit Development (PUD) of Parkside at Andover Station. The first and second phases of the preliminary plat/PUD have been revised to change the style of housing from attached townhome units and detached single level townhome units to single family houses /units. This adjustment reduces the number of units in Phase I from the planned 24 attached townhome units (three 8- plexes) to 9 single - family units and increases the number of units in Phase II from 33 detached single level townhome units to 36 single - family units /lots. The proposed setbacks for the rear yard will be reduced from 33 -feet to 30 -feet and the side yard setback from the street will be reduced from 25 -feet to 20 -feet. The developer is proposing three styles of homes and each will have a number of architectural and color options available to prevent repetition. The public streets have been constructed providing the interior access through the development. These streets meet the City's typical urban street requirements and allow for parking on both sides of the street. There are two areas of guest parking along 139th Avenue NW and 140th Avenue NW that will be removed. A conservation easement to preserve a stand of trees was provided with the initial phases of the project. To accommodate the new single - family lots and house designs a number of trees will be removed. A vacation of the easement will be necessary and is scheduled for public hearing on the September 18 City Council agenda. Commissioner Cleveland asked how many trees would need to be removed and if the utility easement would be vacated as well. Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2012 Page 3 DRAFT Community Development Director Carlberg stated there would one to four feet of grade cut in the area and the preservation of trees will be done on a case by case basis. The trees on the ends of the stand would be removed. The developer and builder will work to preserve as many as possible through grading and sloping. Commissioner Gudmundson asked why this change was being proposed at this time. Community Development Director Carlberg stated the Andover Economic Authority is the developer and they currently have a purchase agreement with Capstone Homes to construct the single - family homes. This style of home is what is currently in demand and what will sell. At this time there is not a market for townhomes in Andover. Commissioner Peterson asked if changing these homes from multi -unit housing to single - family homes would impact the City's density and affordability requirements for the Met Council. Community Development Director Carlberg stated there are general requirements for the City regarding density and affordability in the City as a whole. The City would need to look at future projects to determine how this average will be achieved. Commissioner Peterson asked if the zoning for this development would remain M -1. Community Development Director Carlberg stated it would remain an M -1 zone but it is developed as a planned unit development. Commissioner Peterson stated with the potential sale of the POVs property to Wal -Mart there would be a portion of this property retained by Mr. Povlitzski. He asked what the zoning is for this property and what the future development would be for it. Community Development Director Carlberg stated there would be approximately 6 -acres retained by Mr. Povlitzski along 139`h Avenue NW. This area is currently zoned general business but the property is better suited for residential. There is no development planned for this property at this time and it may be possible the property would be rezoned in the future to residential. Commissioner Nemeth asked why the setbacks would need to change with this development. Community Development Director Carlberg stated the modifications are being requested so the development is consistent with the type of housing project this would be and having a consistent standard throughout the project. Commissioner Olsen asked why Outlot C was not included in the replatting. Regular Andover Planning and Zoning Commission Meeting DRAT Minutes — September 11, 2012 Page 4 Community Development Director Carlberg stated there is no development proposal that would include Outlot C on the south side of 138`h Avenue NW. Commissioner Olsen stated the M -1 District shows single - family homes as a non- permitted use. He asked if the PUD would need to include language that would allow this type of development or if rezoning would need to be done. The PUD does not have the latitude at this time to make this distinction. Community Development Director Carlberg stated the M -1 District is a medium density residential district. There are different types of residential housing and as part of the original PUD there are reduced lot widths. The only thing that is being proposed to change is the type of home built from a detached townhome to a single - family home. Commissioner Olsen stated his concern is the City Ordinance that states single- family homes are a non - permitted use in the M -1 District. Community Development Director Carlberg stated this would be a question that would have come up when the original project had been proposed. There are currently single - family homes and lots in this development. The current request is following the approved plan intent. Chair Daninger clarified there was a standard street width in this development with dedicated right -of -ways. He asked if the original PUD had any restrictions or subsidies that would require restrictions such as age. Community Development Director Carlberg stated the street width was a standard 33- foot width and there were no restrictions on the original development that would limit the marketability of the project. Motion by Commissioner Holthus, Seconded by Commissioner Cleveland to open the Public Hearing at 7:32 p.m. Motion carried on a 7 -ayes, 0 -nays vote. Community Development Director Carlberg stated staff had received e -mails and phone calls questioning if this project was related to Wal -Mart or if the units would be rental units. Once residents found this was a separate project and would be single - family homes there were no complaints with the project. Motion by Commissioner Cleveland, Seconded by Commissioner Olsen, to close the public hearing at 7:34 p.m. The motion carried on a 7 -ayes, 0 -nays vote. Commissioner Olsen stated the City has been rigid in its application of permitted and non - permitted uses within each district. He would prefer to see a rezoning request to an R4 District with this request because there is no language in the PUD that would allow a change from high density housing to single - family units in the M -1 District. The City is Regular Andover Planning and Zoning Commission Meeting ����� Minutes — September 11, 2012 Page 5 the developer and should be sure the process is followed correctly. He likes the project and development but permitting single - family homes in the M -1 District. Community Development Director Carlberg stated staff would work with the City Attorney to include any appropriate language to address Commissioner Olsen's concerns. When the project was approved there had been single - family units included as detached townhomes. The only significant change being requested is increasing the lot width from 53 -feet to 60 -feet. Commissioner Holthus asked what the approximate square footage for these homes would be. EDA Executive Director Dickinson stated the homes would be approximately 1,100 square feet with a split entry, look out or walk out, and three (3) car garage. Commissioner Peterson asked if the Commission would consider leaving the conservation easement on the north and south end and not having those lots developed. He also asked if there were other areas in the City that would accommodate high- density housing. This is a logical location for high- density housing and the City could continue moving forward with high- density housing. Community Development Director Carlberg stated all the trees in the development area could be impacted by the project so saving the conservation area would not be possible. The developer and builder will work to save as many trees as possible. The market has changed since the original proposal and high- density homes are not selling in Andover at this time. The City currently has a low single - family lot inventory. Chair Daninger stated the market has driven the type of homes that are needed in the community and an 1,100 square foot home would provide a good transition from commercial to residential. The builder and developer will try to save as many trees as possible because having trees on the property will help in selling the lots. Motion by Commissioner Cleveland, Seconded by Commissioner Holthus to approve a Resolution Amending Resolution R052 -05 to Modify the Preliminary Plat and Planned Unit Development Standards of "Parkside At Andover Station" located in Section 34, Township 32, Range 24, Anoka County, Minnesota with the addition of a condition the City Attorney recheck the zoning for the project. Commissioner Olsen stated he would agree with having the City Attorney look at this issue. Friendly Amendment Commissioner Olsen offered a friendly amendment adding Condition 9 the Attorney review the project and determine if allowing single - family homes in the M -1 District as part of this PUD would be acceptable. This was accepted by Commissioner Cleveland and Commissioner Holthus. Regular Andover Planning and Zoning Commission Meeting Minutes — September 11, 2012 DRAFT Page 6 The amended motion was called to a vote. Motion carried on a 7 -ayes, 0 -nays vote. Chair Daninger stated this recommendation would be presented to the City Council at their September 18, 2012 meeting. OTHER BUSINESS. Community Development Director Carlberg provided an update on items the Planning Commission had recommended to the City Council including the approval of the preliminary plat for Wal -Mart, the approval of the conditional use permit for outdoor storage and display for Wal -Mart with additional restrictions and the request for a conditional use permit for off -sale liquor was tabled. There will be a ground breaking/ground blessing ceremony for the Arbor Oaks project on Monday, September 17. He also introduced the newly hired City Planner, Stephanie Hanson to the Commission. ADJOURNMENT. Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to adjourn the meeting at 7:53 p.m. Motion carried on a 7 -ayes, 0 -nays vote. Respectfully Submitted, Tina Borg, Recording Secretary TimeSaver Off Site Secretarial, Inc. Dave Carlberg From: Scott Baumgartner [s. baumgartner @hawkins - baumgartner.com] Sent: Friday, September 14, 2012 9:52 AM To: Dave Carlberg Cc: James Dickinson Subject: Parkside at Andover Station - PUD Question Dave, I have been asked to review the legality of allowing single family detached homes in an M -1 Zoning District under the Planned Unit Development provisions of the City Code relative to the above development. Below is my understanding of the circumstances surrounding this particular development and opinion relative to the question presented. It is my understanding that the Parkside at Andover Station development is located in an M -1 zoning district which, under Title 12, Chapter 12 of our Code, does not specifically identify single - family detached homes as either a permitted, conditional or prohibited use. However, I understand that this particular development was originally approved as a PUD, and that the preliminary plat of the development was revised in May of 2006 to provide for single family detached townhome units. While I do not have the specific details surrounding the City Council's 2006 decision to allow single - family detached townhomes in this M -1 development, it does appear that the Council may have relied upon the provisions of Title 13, Chapter 3 of the City Code, which covers Planned Unit Developments. In reviewing Title 13, Chapter 3, Section 13 -3 -1 identifies the purpose of a PUD is "to encourage more efficient allocation of density and intensity of land use where such arrangement is desirable and feasible by providing the means for greater creativity and flexibility in environmental design than provided under the strict application of this code." In addition, Section 13 -3 -6 states that "[a]ll standards and provisions relating to an original zoning district shall apply, unless otherwise approved as a part of the PUD. All standards may be modified or waived provided the applicant demonstrates harmony with the purpose of the PUD and the findings described in Section 13 -3 -9 of this chapter." The significance of the foregoing language implies not only the flexibility sought to be obtained through the use of PUDs, but also the widespread application of using PUDs to accomplish the purposes identified in Section 13 -3 -1. Since the PUD was granted in 2006, it must be assumed that the Council at that time made sufficient findings as required under Section 13 -3 -9. Therefore, the only real question presented is whether revising the preliminary plat to allow for detached single - family homes instead of detached single - family townhomes is still in keeping with the intent and purposes of a PUD for this particular development. The intent of the M -1 land use district is to address the need for life cycle housing with increased density and smaller lot sizes. One of the benefits of a planned unit development is that neighborhoods may be created to ensure such efficient distribution of density and to achieve transitions between uses of different intensity. It does appear that the proposed revisions to the preliminary plat are consistent with type of development that fits within the character of the surrounding neighborhoods, and meets the desired density requirements for the current land use designation of Urban Residential — Medium Density as provided in the Andover Comprehensive Plan. Based upon the foregoing, it would therefore appear that the revised preliminary plat's utilization of the flexibility of a planned unit development sufficiently addresses the intent of the M -1 district and aids in promoting and adhering to the desired density requirements for Urban Residential — Medium Density land use designations. 1 N 1 n 0 CL C 0 0 v W n 0 0. 0 v 3 v 3 r fD e. IOL W x co 9 N 0 L % M y IIIIIIII � 40 IIIIIIII b� Mr ri I� III JhL � ......«4 1 ' 1 s L C NOmi c �Zi1 O � r � Z i� �1 1. 1. 1 C� : 1 1 _ s C � �/.) C i V s o N n 0 r a 0 G ,v r 0 A z r G N t--r n! 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N 11111 m®m ■1mm- 1119 S9 £'OI �,3„ 6t PI.00N p l t M,g0,,q0/ -0/ I\ \\\ o W �� N \ v It II N OL•e I V s rpj 0040 / �0 _ w a 'o \J a rJ l eO+�m l w CL o < 1 e o� I :5x'Itl lz a6o �i;�, Z �'"I� � � n • m i it / \ I Il = Nro ( \ I Puopay,nS �(~ �JOwt fi uana,S I � > •T 1• >Sd- vrL- G[<- vo \WL�IU1 \'aPWd f'- B[L- v00[�n11 »day .nwtldn 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrat FROM: David L. Carlberg, Community Development Director SUBJECT: Approve Final Plat/Parkside at Andover Station 3rd Addition — Planning DATE: September 18, 2012 INTRODUCTION The City Council is asked to approve the final plat for Parkside at Andover Station 3rd Addition. DISCUSSION The proposed final plat would create 36 single family lots west of Linnet Street NW in conformance with the approved revised preliminary plat. ACTION REQUESTED The Council is asked to adopt the attached resolution approving the final plat with conditions. Attachments Resolution Final Plat Respectfully submitted, 1 / Axf David L. Carlberg CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO Rxxx -12 A RESOLUTION APPROVING THE FINAL PLAT OF " PARKSIDE AT ANDOVER STATION THIRD ADDITION" ON PROPERTY LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS: Lots 1 -5, Block 1 and Outlots A, B and C, PARKSIDE AT ANDOVER STATION 2nd Addition, according to the recorded plat thereof, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Parkside at Andover Station"; and WHEREAS, the Developer has presented a final plat of Parkside at Andover Station 3rd Addition; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Parkside at Andover Station 3rd Addition contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover on September 6, 2012. 2. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 3. Vacation of the existing drainage and utility easements on Lots 1 -5, Block 1 and Outlots A, B and C, Parkside at Andover Station 2d Addition. 4. Vacation of the Conservation Easement on Outlot B, Parkside at Andover Station 2 "d Addition recorded as document number 489875.003. 5. The Cancellation, Abolishment and Revocation of the Declaration of Easements, Covenants Conditions and Restrictions — Parkside at Andover Station Village Homes recorded as document number 492192.001. 6. A separate vehicle maintenance access easement shall be provided on the west 10.00 feet of Lot 14, Block 2; the east 10.00 feet of Lot 13, Block 2; the east 10.00 feet of Lot 4, Block 2 and the west 10.00 feet of Lot 3, Block 2. 7. A separate vehicle maintenance access easement of twenty (20) feet wide centered on the property line for Lots 6 and 7, Block 1. 8. The applicant /developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 9. Park dedication and trail fees have been satisfied by the Andover Economic Development Authority in the development of the Andover Station North ball fields and other related site amenities located to the north of the project. Adopted by the City Council of the City of Andover this 18`h day of September, 2012. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor V Cr Y N O 7' ry C] a N� Q O , / OLL_ F— J U (] U ci N (n Mom II. 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Berkowitz, Director of I Todd J. Haas, Asst. Public Works EngineeA- Consider No Parking Resolution on Prairie Road NW & 146"' Lane NW - Engineering. September 18, 2012 INTRODUCTION This item is in regard to the City Council considering no parking along certain sections of Prairie Road NW and along 146h Lane NW east of Prairie Road NW to provide for a safer intersection and to keep park visitors from crossing Prairie Road NW. DISCUSSION Based on the City Council workshop meeting of August 28, 2012 there was interest to restrict parking on each of the legs at the intersection of Prairie Road NW and 146"' Lane NW due to sight distance issues with vehicles parking to close to the intersection. Staff continues to gather information and is analyzing the site distance requirements and recommends this item be tabled to the September 25d' City Council workshop for more discussion. ACTION REQUIRED The City Council is requested to table this item until the September 25t` Council workshop. Respectfully s- ubbm- itted,, Todd J. Haas 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Schedule October EDA meeting September 18, 2012 INTRODUCTION w The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the October 16, 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 October 16, 2012 City Council meeting. 13 k C I T Y 0 F o 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 18, 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/ClP Projects 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. �d, r L, C I T Y :Ak' • :..� . 1 1 / -�•' , 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for September 18, 2012 City Council Meeting DATE: September 18, 2012 The City Council is requested to receive the following supplemental information. Consent Items 1. Item #9. Award Bid /07- 20 /Parkside at Andover Station 3`d Addition (Supplemental) — Engineering Discussion Items 2. Item #13. Anoka County Sheriff's Office Monthly Report (Supplemental) — Sheriff 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 FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Award Bid/07- 20/Parkside at Andover Station 3rd Addition (Supplemental) - Engineering DATE: September 18, 2012 INTRODUCTION The City Council is requested to accept bids and award the bid for Project 07 -20, Parkside at Andover Station 3rd Addition. DISCUSSION The Andover Economic Development Authority has taken over the Parkside at Andover Station 3rd Development and as part of the platting the lot sizes have changed. Due to the changes some public and private utilities need to be relocated and additional site grading needs to be completed. If the contract is awarded construction would begin in early October and weather dependent the work would be completed before winter. The bid opening was held on Monday, September 171h. The bid results are as follows: Contractor Bid Amount Designing Earth Contracting $313,551.25 New Look Contracting Inc. $315,471.97 Douglas -Kerr Underground LLC $324,701.56 Kuechle Underground Ina $331,353.03 North Pine Aggregate, Inc. $336,756.45 Dave Perkins Contracting Inc. $354,350.00 Geislinger & Sons Inc. $395,389.85 Engineer's Estimate $332,219.50 Please refer to the attached bid tabulation for a breakdown of bids and unit prices. BUDGETIMPACT The project improvements will be funded from Tax Increment Financing and the Capital Projects Fund. Mayor and Council Members September 18, 2012 Page 2 of 2 ACTION REQUIRED The City Council is requested to approve the resolution accepting bids and awarding the contract to Designing Earth Contracting in the amount of $313,551.25 for Project 07 -20, Parkside at Andover Station 3rd Addition. Respectfully submitted, David D. Berkowitz Attachments: Resolution & Bid Tabulation CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 07 -20, PARKSIDE AT ANDOVER STATION 3RD ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 073 -12 dated August 21 , 2012, bids were received, opened and tabulated according to law with results as follows: Designing Earth Contracting $313,551.25 New Look Contracting Inc. $315,471.97 Douglas -Kerr Underground LLC $324,701.56 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Designing Earth Contracting as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with .Designing Earth Contracting in the amount of $313,551.25 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a regular meeting this 18th day of September , 2012 , with Council members of the resolution, and Council members voting in favor against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. 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DUI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 22:42 02:54 19:21 19:10 02:36 20:08 20:49 CITY OF ANDOVER - COMMUNITY SERVICE OFFICERS AUGUST 2012 * Higher number of Extra Patrol due to Parks patrol shi Radio Calls 100 102 744 809 Incident Reports 92 106 791 843 Accident Assist 10 8 32 35 Vehicle Lock Out 16 13 144 197 Extra Patrol 317* 295* 1,836 1,332 House Check 0 0 14 77 Business Check 0 2 9 48 Animal Complaints 31 47 278 308 Tra c Assist 15 8 79 86 Aids: Agency 72 57 535 1,102 Aids: Public 34 58 303 282 Paper Service 0 0 0 12 Inspec ons 0 0 2 0 Ordinance Viola ons 1 0 15 25 * Higher number of Extra Patrol due to Parks patrol shi