Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CC - November 7, 2012
' '`n -it 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Wednesday, November 7, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Foram Agenda Approval 1. Approval of Minutes (10/2/12 Regular; 10/16/12 Regular; 10/23/12 Workshop; 10/23/12 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Accept Resignation of Planning and Zoning Commissioner Michael Olsen and Appoint Michael Steel to Serve the Remaining Term — Planning 4. Award Demolition Quote /12- 31/31/3535 —16151 Avenue NW (Sports Complex) /(Supplemental) - Engineering 5. Approve Land Purchase Agreement/Open Space /40 acres/PID #11- 32 -24 -31 -0001 - Administration 6. Approve Land Purchase Agreement/Open Space /10 acres /PID #11- 32 -24 -24 -0001 - Administration 7. Approve Land Purchase Agreement/Open Space /Easement/PID #11- 32 -24 -23 -0001 — Administration 8. Approve Resolution Calling for a Public Hearing on Proposed Property Tax Abatements for a Community Center Project — Administration 9. Approve LMCIT Liability Coverage - Administration Discussion Items 10. Hold Public Hearing— Delinquent Utilities & Sewer Charges /Fines -Administration 11. Hold Public Hearing/Adopt Assessment Roll /12 -2a (Ivywood Estates) /2012 Street Reconstruction - Engineering, 12. Hold Public Hearing/Adopt Assessment Roll /12 -2b (Johnson's Oakmount Terrace) & 12 -2c (147th Avenue NW) /2012 Street Reconstruction — Engineering 13. Discuss /Approve Amendment to the City Code 12 -12 — Hours of Operation — Planning 14. Discuss Safe Routes to Schools for Trail System — Engineering Staff Items 15. Set Date to Canvass Election Results— Administration 16. Administrator's Report — Administration Mayor /Council Input Closed Session: Land negotiation contingencies: PID #s 11- 32- 24 -31- 0001,11- 32 -24 -24 -0001 & 11- 32 -24 -23 -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 Administrato FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: November 7, 2012 INTRODUCTION (D The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: October 2, 2012 Regular October 16, 2012 Regular October 23, 2012 Workshop October 23, 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 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 — OCTOBER 2, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Gamache, October 2, 2012, 7:00 p.m., at the Andover Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: PLEDGE OF 2012 MayorGamache read a of Service. The Girl Sc A Girl Scout in`attej, Girl Scout Flag Cer storm water system. Mike Knight, Sheri Bukkila, Julie (arrived at 7:01 p.m.) None City Administrator, Jim Dickmsol City Attorney, Scott Baumgartner, Others as called to order by Mayor Mike 1685 Crosstown Boulevard NW, Tony Howard Dave Carlberg'" ;r, David Berkowitz DAY OF SERVICE ON OCTOBER 13, ition declaring October 13, 2012 as Girl Scouts' Centennial Day be working to clear storm grills of lawn and natural debris. Girl Scouts have been working on their color flag for the Lded out flyers regarding the negative effects of debris in the Councilmember Bukkila stated the cleanup would start at the Oak View Middle School. She thanked the Girl Scouts for their hard work in the community. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL City Administrator Dickinson stated revised Closed Session Meeting Minutes for September 181' were e- mailed to the Council for approval. 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 Regular Andover City Council Meeting Minutes — October 2, 2012 Page 2 Motion by Councilmember Knight, Seconded by Councilmember Trade, to approve the Agenda as presented with the addition of the revised closed session meeting minutes for September 18, 2012. Motion carried unanimously. APPROVAL OFMINUTES September 18, 2012 Regular City Council Meeting Councilmember Trade stated on page 8, lines 34 and 35, delete the last sentence. Motion by Councilmember Trade, Seconded by Councilmember Howard, to approve the September 18, 2012, Regular City Council minutes as amended. The motion carried unanimously. September 18, 2012 Closed City Council Meeting Motion by Councilmember Trade, Seconded by Councilmember Howard, to approve the revised September 18, 2012, Closed City Council Meeting minutes e- mailed to the Council on October 2, 2012 as presented. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Receive Assessment Roll /Order Public Hearing/12 -2a (Ivywood Estates), 12 -2b (Johnson's Oakmount Terrace) and 12 -2c (147`" Avenue NW) /2012 Street Reconstruction (See Resolution R097 -12) Item 4 Approve Assessment Roll/Waive Public Hearing/Adopt Assessment Roll /12- 32/2118 -2120 — 140'x' Lane NW/WM (See Resolution R098 -12) Item 5 Approve Resolution/Request Anoka County to Conduct Speed Study — Andover Boulevard NW from Hanson Boulevard to Railroad Tracks (See Resolution R099- 12) Item 6 Appoint Election Judges for the General Election (See Resolution R100 -12) Item 7 Declare Costs, Order Assessment Roll and Schedule Public Hearing/2012 Delinquent Utility Service Charges, Mowing Fees, Tree Removal, False Alarm Fines, and Miscellaneous Abatement Fees (See Resolution R101 -12) Item 8 Approve Funds Transfer /40 Acre Park Improvements Item 9 Approve Sub -Lease — Subway LLC Motion by Councilmember Knight, Seconded by Councilmember Bukkila, for approval of the Consent Agenda as presented. Motion carried unanimously. Regular Andover City Council Meeting Minutes — October 2, 2012 Page 3 PUBLICHEARING: VA CATIONOFEASEMENTREQUEST- 1459160THLANENW —JEFF AND MARY TULLBANE 4 Community Development Director Carlberg stated the property owner Mr. Heath Burris, Tristar 5 Homes LLC and applicants Jeff and Mary Tullbane are requesting a vacation for a portion of an 6 existing easement. Currently Tristar Homes LLC is the owner of the vacant lot. Building plans 7 have been submitted to construct a residential house on the property and as part of the project, 8 Mr. and Mrs. Tullbane would like to add an in- ground pool. The pool would encroach into the 9 existing easement. The City Engineer has reviewed the proposal. There are no utilities, 10 drainage, or ponding in the easement. Therefore there are no issues with the request. 11 12 Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to Open the Public 13 Hearing at 7:11 p.m. The motion carried unanimously. 14 15 There was no public input. 16 17 Motion by Councilmember Knight, Seconded by Councilmember Bukkila to Close the Public 18 Hearing at 7:12 p.m. The motion carried unanimously. 19 20 Motion by Councilmember Bukkila, Seconded by Councilmember Knight to approve a 21 resolution granting the Vacation of Easement on Lot 1, Block 1, Maple Hollow. The motion 22 carried unanimously. (See Resolution R102 -12) 23 24 CONSIDER ANAMENOMENT TO THE CITY CODE 12 -2 -2 DEFINITIONS — HOURS OF 25 OPERATION 26 27 Community Development Director Carlberg stated the City Council is requested to review and 28 consider an amendment to the City Code 12 -2 -2 defining continuous and non - continuous hours 29 of operation. The City Council at their August 28, 2012 workshop, in accordance with Section 30 12 -14 -4, initiated a text amendment to the City Code to clarify continuous and non - continuous 31 hours of operation of businesses in the General Business District. The Planning and Zoning 32 Commission discussed the proposed definitions at the September 11'l' workshop. The 33 Commission revised the language provided by the Council. The Planning Commission also 34 discussed other City regulations regarding hours of operation of businesses. The Commission 35 evaluated the effect of restricting hours of operation by listing the pros and cons of implementing 36 the definition of continuous and non - continuous hours of operation. The Commission, at the 37 September 25, 2012 workshop continued the discussions on the definitions. The Commission 38 was unable to come up with clear and definitive definitions and felt the adoption of hours of 39 operation definitions required additional study to fully understand the implications to existing 40 businesses as well as to new businesses interested in locating in Andover. The Commission was 41 also concerned on what other districts these definitions should apply to. The Planning and 42 Zoning Commission held a public hearing on September 25"' and upon receiving public 43 testimony recommended to the City Council denial of the requested text amendment. The denial Regular Andover City Council Meeting Minutes — October 2, 2012 Page 4 was based on the premise that the effect of the ordinance amendment as proposed would render uses currently permitted in the City Code as no longer permitted or would alter them in such a way as to effect the business. The Commission found that the original proposed language of the text amendment had greater impacts and implications than merely clarifying hours of operation and that additional review and study was needed. 7 Community Development Director Carlberg reviewed with the Council continuous and non- 8 continuous operation definitions that include City Attorney and City Administrator 9 recommendations. He also reviewed with the Council the updated definitions and an updated 10 resolution that included the recommendations and a footnote reference for the 12 -12 -12 Zoning 11 Use Chart. 12 13 Mayor Gamache stated the Council has found through discussion that a clarification of what the 14 City's intent is for continuous and non - continuous hours of operation is necessary. He stated he 15 would support adding these definitions. A clear definition would make it possible for businesses 16 to understand what the City expectations are. Mayor Gamache discussed the updated language 17 recommended by Administration and the City Attorney noting the changes from what was 18 originally proposed. Mayor Gamache read for the record the updated definition for continuous 19 operation, "describes a business that is open to the public for some portion of each hour of the 20 24 -hours in a day. It also includes a business that is open to the public for more than 5 hours of 21 the overnight period beginning at 11:00 pm and ending at 7:00 am." The updated definition for 22 non - continuous operation describes a business that closes to the public for at least 5 hours 23 between the hours of 11:00 pm and 7:00 am each day of the week. 24 25 Mayor Gamache identified that the updated resolution provided for footnote #10 which states 26 "see 12 -2 -2 for definitions of continuous operation and non - continuous operations." 27 28 Mayor Gamache stated the Council'. is in receipt of all the minutes for the Planning and Zoning 29 Commission meeting on this topic, including the public hearing testimony. 30 31 Councilmember Bukkila stated she is currently not in favor of this proposed amendment, not 32 saying she is not in favor of an amendment though. She stated there is a process for amendments 33 to follow and this particular amendment has been pushed through the process rather quickly. The 34 Planning Commission has expressed concerns with these definitions and the impact it would 35 have on other districts in the City. She stated definitions may be needed but she would like to 36 allow the Planning Commission the time needed to review the impacts and make a 37 recommendation. The City Council should rely on the Planning Commission to thoroughly 38 review the proposal and do their due diligence for the City. There was a unanimous decision to 39 recommend denial and she would support this recommendation. The City Council should work 40 with the Planning and Zoning Commission. The City has worked to make the City more 41 competitive for businesses and these definitions in the current state are limiting and create greater 42 obstacles for businesses. It would be appropriate to allow the Planning Commission additional 43 time to continue their discussions and do their jobs. Regular Andover City Council Meeting Minutes — October 2, 2012 Page 5 Councilmember Knight asked Councilmember Bukkila if she thought this should go back to the Planning Commission. Councilmember Bukkila stated she would be supportive of that. 4 Councilmember Trade stated she had attended the Planning and Zoning Commission workshop 5 and the Planning Commission had not expressed concerns with the language for the definitions 6 but they were focused on the bigger picture and the impacts to other districts in the City. 7 Residents have expressed interest in having more clarity in the City's codes and the City 8 Attorney has reviewed the language as well. The definitions clearly spell out for a business what 9 would be considered continuous and non - continuous operations. There should not be any 10 confusion that as long as a business is closed for at least 5 -hours between the hours of 11:00 p.m. 11 and 7:00 a.m. this would be considered non - continuous operation. She stated she would be 12 supportive of the proposed definitions and the addition of a footnote to the Zoning Use Chart 13 found in 12- 12 -12. Councilmember Trade indicated that she had submitted a memo that is in the 14 packet that helps address the concerns she has been hearing from the residential comments made 15 at the public hearing. 16 17 Councilmember Trade motioned approval of an ordinance amending the City Code to add 18 definitions of continuous and non - continuous hours of operation. Also adding the footnote #10 19 to the use chart stating "see 12 -2 -2 for definitions of continuous and non - continuous operation. 20 21 City Administrator Dickinson indicated that he would be placing copies of the updated resolution 22 at the public copy table since the document is being introduced to the public record. 23 24 Councilmember Bukkila clarified the definitions being proposed are not confusing. She believes 25 the Planning Commission felt rushed to make a recommendation without doing its due diligence 26 and therefore recommended denial. She agrees that the Planning Commission should continue to 27 do its job and look at the bigger picture and the impacts these definitions would have on the City. 28 There are concerns about requiring a business to be closed for 5 -hours and this should be 29 considered prior to adopting the language proposed. 30 31 Restated Motion by Councilmember Trade was to approve an ordinance amending the City Code 32 to add definitions of continuous and non - continuous hours of operation as proposed including the 33 addition of a footnote to the Zoning Use Chart in 12- 12 -12. The new resolution of approval 34 introduced at this evening's meeting. 35 36 Councilmember Howard asked what in particular is confusing. 37 38 Councilmember Bukkila stated the City should not rush amending the City Code until the 39 impacts of these definitions can be reviewed. She expressed concerns about the number of hours 40 required to be closed to be considered non - continuous operation. These are overly restrictive and 41 to remove 5 -hours from a business day is extreme. She would like to see if there are other 42 alternatives that the City could consider. Adding a definition is rash and could be detrimental to 43 the City's future. Regular Andover City Council Meeting Minutes — October 2, 2012 Page 6 Mayor Gamache stated there was a motion on the table and asked if there was a second. Second. Councilmember Howard seconded the restated motion. Councilmember Knight asked Councilmember Bukkila if there is disagreement just on the non- continuous operation definition. 8 Councilmember Trade asked stated the Planning Commission had spent more time discussing 9 the impacts to other districts in the City than on the definitions. The City Code needs to have 10 clarity on what the City intends to be considered continuous and non - continuous operation. 11 Councilmember Trade asked if the Council should review the use chart and the zoning map in 12 order to better understand or limit confusion. 13 14 Councilmember Bukkila stated she agrees with the definition from the Planning Commission for 15 continuous operation from the September 11`h workshop. 16 17 Community Development Director Carlberg stated the Planning and Zoning Commission 18 indicated they would like to have more time to review the definitions and how they would be 19 applied to all the districts in the City. 20 21 There is a process for amendments like these to follow and this particular amendment should 22 follow that same process and the Planning and Zoning Commission should be allowed to review 23 it properly. At this time the Planning and Zoning Commission is not in favor of these 24 definitions. These definitions should be allowed to go back to the Planning and Zoning 25 Commission for additional review with a potential joint meeting with the City Council. 26 27 Councilmember Trade stated the proposal to add definitions is simply clarifying and should not 28 be considered in conjunction with the chart. The new definitions are simply clarifying terms that 29 are used in the City's Zoning Chart. She stated nothing in the zoning code use table is changing. 30 Councilmember Trade reviewed the use chart with the Council. 31 32 Councilmember Trade stated the amendment would address the concerns from the residents. 33 The Planning Commission does not get the same public input the Council does because their 34 phone numbers are not published on the website like the City Council members are. 35 36 Councilmember Bukkila stated regardless of who receives the majority of the public comments it 37 is the City Council's responsibility to do what is right for the continued growth of the City. 38 39 The motion was called to a vote. The motion carried 4 ayes, 1 nay ( Bukkila). (See Ordinance 40 421) 41 42 SCHEDULE OCTOBER COUNCIL WORKSHOP 43 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 — October 2, 2012 Page 7 Motion by Councilmember Trude, Seconded by Councilmember Bukkila to schedule a City Council Workshop at 6:00 p.m. on October 23, 2012. The motion carried unanimously. ADMINISTRATOR'S REPORT City Administrator Dickinson updated the City Council and the residents regarding administration and city department activities, legislative activities, development and CIP projects, and upcoming meetings and community events including open space negotiations, construction at Parkside at Andover Station beginning, and the progress of the South Coon Creek Drive reconstruction project. He stated the October Council workshop would include discussions on the 40 -acre park on Tulip Street and the swimming pool at Oak View Middle School. Governor Dayton's office has identified that he is willing to talk with the North Metro Mayors Association Mandate Review Committee to discuss mandates that municipalities may see as undue burdens or unnecessary. Storm water is one of the major issues that will be discussed and the impacts and costs associated with this. The next monument sign will be installed on Round Lake Boulevard. The site for the future Recycling Center is being prepared for concrete work. There have been 61 new home permits this year and an additional 71 with the Arbor Oaks project. Absentee voting has been going on at City Hall as well. He reminded residents to keep a watchful eye for vandalism and to call 911 to report any incidents. Mayor Gamache asked if there are any additional burning restrictions in place. City Administrator Dickinson stated there are no additional burning restrictions. There will be an Open House at Andover Fire Station #1 and Andover Fire Station #3 from 1:00 p.m. to 3:00 p.m. on Saturday, October 6h. Councilmember Knight asked if the County was running Wi -Fi. City Administrator Dickinson stated the Connect Anoka County Broadband project is currently underway. The fiber lines in the southern half of the County is primarily underground and the northern half is overhead. Councilmember Howard asked if it was a possibility that the pool would open at Oak View Middle School. City Administrator Dickinson stated initial dialogue is there may be interest. There is nothing substantial to report at this time. In past discussions with the YMCA there is interest in utilizing the facility. The primary issue is how much usable time would be available if it were opened. Past discussions also included concerns about segregating the access to the pool from the school and parking problems. These things will need to be discussed and resolved. MAYORICOUNCIL INPUT (Lee Carlson Mental Health Roof Raising Event) Councilmember Bukkila stated now through 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 Regular Andover City Council Meeting Minutes — October 2, 2012 Page 8 October 12th, several local elected officials are working on the Lee Carlson Mental Health Roof Raising event. The goal is to raise $25,000 before October 12th otherwise they will need to camp out on the roof. (Girl Scout Centennial Event) Councilmember Bukkila stated October 13th is the Girl Scout event to clean -up starting at Oak View Middle School. (Local Candidate Forum) Councilmember Trade stated the local candidates would be available at 6:30 p.m. on Monday, October 8th at City Hall to answer resident's questions. The League of Women Voters will moderate the event and this event will be replayed on QCTV. There are two (2) Council elections that will be separately listed on the ballot. There are three (3) candidates for the 4 -year term and two (2) candidates for the 2 -year term. The local Senate District officials have also been invited, but it is not known at this time if they will be attending. Mayor Gamache stated City Hall had hosted an event on September 27th for the local Senate District. Two (2) Senate candidates and two (2) House candidates were present. Councilmember Trade stated the City Council candidates would each have a 100 -word statement in the next Andover Today newsletter. FAAr"M9 Mayor Gamache recessed the regular City Council meeting at 7:53 p.m. to a closed session of the City Council to discuss Public Works Union Negotiations, Property Negotiations for PID #11- 32-24-32- 0001,11- 32- 24 -31- 0001,11- 32 -24 -24 -0001, and 11- 32 -24 -22 -0001. The City Council reconvened at 8:18 p.m. ADJOURNMENT Motion by Councilmember Howard, Seconded by Councilmember Trade, to adjourn. Motion carried unanimously. The meeting adjourned at 8:19 p.m. Respectfully submitted, Tina Borg, Recording Secretary Regular Andover City Council Meeting Minutes — October 2, 2012 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — OCTOBER 2, 2012 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 PROCLAMATION — GIRL SCOUTS' CENTENNIAL DAY OF SERVICE ON OCTOBER 13, 2012 ............................................................................................................. ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Receive Assessment Roll /Order Public Hearing/12 -2a (Ivywood Estates), 12 -2b (Johnson's Oakmount Terrace) and 12 -2c (147th Avenue NW) /2012 Street Reconstruction (See Resolution R097- 12) .................................................................... ............................... 2 Item 4 Approve Assessment Roll /Waive Public Hearing/Adopt Assessment Roll /12- 32/2118 -2120 — 140th Lane NW/WM (See Resolution R098 -12) ....... ............................... 2 Item 5 Approve Resolution/Request Anoka County to Conduct Speed Study — Andover Boulevard NW from Hanson Boulevard to Railroad Tracks (See Resolution R099 -12) ... 2 Item 6 Appoint Election Judges for the General Election (See Resolution R100- 12) ............. 2 Item 7 Declare Costs, Order Assessment Rolland Schedule Public Hearing/2012 Delinquent Utility Service Charges, Mowing Fees, Tree Removal, False Alarm Fines, and Miscellaneous Abatement Fees (See Resolution R101- 12) ................. ............................... 2 Item 8 Approve Funds Transfer /40 Acre Park Improvements .................. ............................... 2 Item 9 Approve Sub -Lease — Subway LLC .............................................. ............................... 2 PUBLIC HEARING: VACATION OF EASEMENT REQUEST —1459 160TH LANE NW — JEFF AND MARY TULLBANE (See Resolution R102 -12) ..................... ............................... 3 CONSIDER AN AMENDMENT TO THE CITY CODE 12 -2 -2 DEFINITIONS — HOURS OF OPERATION (See Ordinance 421) ............................................................ ............................... 3 SCHEDULE OCTOBER COUNCIL WORKSHOP ....................................... ............................... 6 ADMINISTRATOR'S REPORT ..................................................................... ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 7 (Lee Carlson Mental Health Roof Raising Event) ....................................... ............................... 7 (Girl Scout Centennial Event) ...................................................................... ............................... 8 (Local Candidate Forum) ............................................................................. ............................... 8 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 — OCTOBER 16, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Mike Gamache, October 16, 2012, 7:00 p.m., at the Ai Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: PLEDGE OF PROCLAMA Mayor stated No one wished to AGENDA APPROV Mike Knight, None City Adminis Community I City A Others .s called to order by Mayor Hall, 1685 Crosstown Julie Trude and Tony Howard Dave Ca ,r, David RARENESS MONTH - NOVEMBER a proclamation declaring November as Homeless Awareness Month. He 1ty Community Continuum of Care goal is to have each city in Anoka to promote awareness of homelessness and have each city proclaim the Motion by Councilmember Howard, Seconded by Councilmember Bukkila, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OFMINUTES September 25, 2012 City Council Workshop Meeting Councilmember Trude requested that line 25 on page 7 be revised to state "three lane before a dual left lane." 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 — October 16, 2012 Page 2 Councilmember Bukkila requested that the reference to Main Street on line 27 of page 6 be revised to add "Coon Creek/Crosstown up to Bunker Lake Boulevard." Motion by Councilmember Bukkila, Seconded by Councilmember Trade, to approve the September 25, 2012, City Council Workshop minutes as amended. The motion carried unanimously. October 2, 2012 Regular City Council Meeting Councilmember Bukkila requested that line 18 on page 7 be revised to state $25,000 instead of $5,000. Councilmember Trade requested that the City Council table approval of the October 2, 2012, Regular City Council meeting minutes in order to revise pages 4 and 5 to more accurately reflect the discussion at the meeting. She stated she made a motion early on in the discussion which is not reflected in the minutes and there was a comment attributed to her that someone else made and she felt some things were missing in answer to a question during the discussion. Motion by Councilmember Trade, Seconded by Councilmember Bukkila, to table approval of the October 2, 2012, Regular City Council Meeting minutes. The motion carried unanimously. October 2, 2012 Closed City Council Meeting Motion by Councilmember Trade, Seconded by Councilmember Howard, to approve the October 2, 2012, Closed City Council Meeting minutes as presented. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Health Insurance Renewal and Employer Contribution Item 4 Approve Closing City Offices Christmas Eve Item 5 Approve Change Order #2/11 -10 /South Coon Creek Drive NW Reconstruction (See Resolution R103 -12) Item 6 Approve Joint Powers Agreement/Anoka County Assessment Service Contract Motion by Councilmember Trade, Seconded by Councilmember Knight, for approval of the Consent Agenda as presented. Motion carried unanimously. ANOKA COUNTYSHERIFFS OFFICE MONTHLY REPORT Commander Halweg, Anoka County Sheriff's Office, provided the City Council and residents with an update on law enforcement activities within the City for September 2012 including three DWI arrests and three domestic assault arrests. He advised that on September 11th at 12:50 p.m. 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 — October 16, 2012 Page 3 officers were dispatched to a suspicious vehicle on 156th Lane NW where a lone male occupant was reportedly waiting for another male to return. He indicated the K -9 found narcotics and the male fled but was caught and taken into custody, while a search of the vehicle found two bags of methamphetamines and the suspect was booked on a felony. He advised that on September 201' at 12:21 a.m. in the 14400 block of Round Lake Boulevard a male reportedly struck his head after being pushed by his girlfriend, both individuals were intoxicated and the female was arrested for gross misdemeanor. He reported that on September 26`x' at 4:16 a.m. in the 3500 block of 135th Avenue, a male suspect left the residence after arguing with his wife over a cell phone and had pushed her to the ground and the suspect was taken into custody without incident. HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL/11- 401133RD AVENUE NW RECONSTRUCTION City Engineer Berkowitz stated the reconstruction of 133rd Avenue NW was a joint project with the City of Coon Rapids and was completed this summer. He advised that the final project cost was $629,425.42 with the City's portion being $317,110.60. He indicated two properties front 133rd Avenue and will be assessed a fixed fee of $1,500 each for improvement costs which can be paid over eight years at 4.5% interest for an annual cost of $227.41 if certified to taxes or the property owner can pay the entire amount within 30 days of the public hearing with no interest. He added that the City had sign replacement costs, administrative fees that were required to be paid by the City of Andover as part of the ordering of the project. The City of Coon Rapids will have their own administrative fees outside of this project. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to Open the Public Hearing at 7:12 p.m. The motion carried unanimously. There was no public input. Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to Close the Public Hearing at 7:13 p.m. The motion carried unanimously. Motion by Councilmember Howard, Seconded by Councilmember Knight to approve a resolution adopting the assessment roll for Project No. 11 -40, 133rd Avenue NW Reconstruction, in the amount of $1,500.00 per lot at a interest rate of 4.5% for eight years. The motion carried unanimously. (See Resolution R104 -12) PUBLIC HEARING12 013-2 017 CAPITAL IMPROVEMENT PLAN City Administrator Dickinson stated the City Council is requested to hold a Public Hearing to provide an opportunity for the public to comment on the proposed 2013 -2017 Capital Improvement Plan (CIP). He stated the City is not required to hold a public hearing but the public hearing is held to allow the opportunity if it presents itself to use a bonding method called capital improvement plan bonds which the City may use next year. He advised that the CIP Regular Andover City Council Meeting Minutes — October 16, 2012 Page 4 includes approximately $7.1 million worth of expenditures and 43% of that amount represents the City's streets and highways followed by expenses for roof replacement at City Hall and the fire stations. He stated park projects represent 11.45% which is higher than normal because of the City's investment in park land on 161St Avenue and Tulip Street. He indicated the CIP will be posted on the City's website and includes a fiscal analysis that identifies how projects will be funded. 8 Councilmember Trade stated the City Council reviewed the CIP over the last four months and 9 staff continues to keep a tight watch on spending and looking at equipment replacement only 10 when a cost benefit analysis shows it is time to replace aging vehicles with the bulk of the CIP 11 focused on keeping the City's streets maintained and the Fire Department equipped with proper 12 equipment to provide public safety. 13 14 Motion by Councilmember Knight, Seconded by Councilmember Howard, to Open the Public 15 Hearing at 7:19 p.m. The motion carried unanimously. 16 17 There was no public input. 18 19 Mayor Gamache asked if the street projects for 2013 were finalized and letters sent to residents. 20 21 City Engineer Berkowitz stated that projects for 2013 and 2014 are fixed but other years can 22 change depending on road conditions, adding that in the next month the City will send follow -up 23 letters regarding neighborhood meetings. He indicated that 159th Avenue was moved up to 2013 24 because of a culvert failure while Makah Street will be done in 2014. 25 26 Councilmember Howard asked if the Nightingale Street reconstruction will include continuing 27 the trail connections that currently dead end. 28 29 City Engineer Berkowitz replied in the affirmative and stated the City is evaluating an off - street 30 trail on the east side of Nightingale that ties into the existing trails and taking it up to 157th 31 Avenue. He stated that 2014 improvements identified more State Aid routes, an overlay for 32 Prairie Road and mill and an overlay on Station Parkway. 33 34 City Administrator Dickinson stated that Mr. Michael Olsen submitted a letter for the record that 35 included a question related to the Comprehensive Plan and its relationship to the statute as to 36 planning and reviewing. He indicated the CIP is part of the implementation of the 37 Comprehensive Plan and includes items actively updated by the City including the park 38 improvement plan and the City believes that the current process meets the spirit of the law. 39 40 Motion by Councilmember Knight, Seconded by Councilmember Howard, to Close the Public 41 Hearing at 7:25 p.m. The motion carried unanimously. 42 43 Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to approve the 2013- Regular Andover City Council Meeting Minutes — October 16, 2012 Page 5 1 2017 Capital Improvement Plan (CIP) as presented. The motion carried unanimously. (See 2 Resolution R105 -12) 4 CONTINUE CONSIDERATION OF CONDITIONAL USE PERMIT FOR OFF SALE 5 LIQUOR11851 BUNKER LAKE BOULEVARD NW— WAL MART REAL ESTATE TRUST 7 Community Development Director Carlberg stated the City Council tabled this item at its August 8 21, 2012, meeting at the request of the applicant to allow the applicant to make application for an 9 off -sale liquor license to be concurrently reviewed with the CUP request. He noted that since the 10 August 21" meeting, additional information has been received including a memo from Mr. 11 Richard Snyder legal counsel for Wal -Mart that addresses the CUP review criteria and items of 12 concern raised by the City Council. 13 14 Mayor Gamache recited findings and introduced a resolution which is for a denial of the request 15 for a conditional use permit and stating the City Council has determined that the proposed 16 location of the off -sale liquor store does not constitute an exclusive liquor store as required by 17 City Code. City Administrator Dickinson distributed the resolution introduced by Mayor 18 Gamache and provided a copy for the public record. 19 20 Motion by Mayor Gamache, Seconded by Councilmember Trude, to approve a resolution 21 denying the Conditional Use Permit for Off -Sale Liquor on property located at 1851 Bunker Lake 22 Boulevard NW. 23 24 Councilmember Trude stated this resolution includes the discussion items the City Council had 25 on August 2151 when originally presented with the CUP request that was combined with outdoor 26 sales and storage and includes the concerns she has previously stated, adding that she felt the 27 resolution speaks for itself. She stated the community has talked to the City Council, sent emails 28 and letters, there has been public testimony and ongoing discussion regarding this issue and the 29 City Council is charged with planning the future of the community. She stated in her research of 30 the City Code, Zoning Regulation, there is a definition under "use, conditional" that further 31 supports this resolution. She suggested the addition of one more "whereas" clause that states the 32 City Council is charged through the City Code with determining whether there is a need for a 33 particular use at a particular location and the City Council has determined there is not a need at 34 this particular location. She stated the Code definition that states either a public or private use as 35 listed which, because of its unique characteristics, cannot be properly classified as a permitted 36 use in a particular district. After consideration, in each case of the impact of such use upon 37 neighboring land, and of the public need for the particular use at the particular location, such 38 "conditional use" may or may not be granted by the governing body. Councilmember Trude also 39 added that this is also in line with the general provisions of conditional uses and the general 40 purpose and intent of the criteria for granting conditional use permits and the effect of the 41 proposed use on the comprehensive plan. Councilmember Trude stated the comprehensive plan 42 is an important document and as planners of the community the Council needs to take into 43 consideration other commercial areas of the community. Councilmember Trude also indicated Regular Andover City Council Meeting Minutes — October 16, 2012 Page 6 she is concerned about the lack of exclusive with this application. She stated the City has a diverse community and residents have expressed concern about protecting the children in the community and teaching them about safe consumption of alcohol. Mayor Gamache accepted the additional "whereas" to his motion. 7 Mr. Richard Snyder representing Wal -Mart appeared before the City Council and stated the City 8 Council has his letter in the record which provides his legal analysis. He stated they feel the 9 criteria for the Comprehensive Plan does not limit this particular use at this particular location 10 and that this is an authorized use. He added the store is a liquor store selling exclusively liquor 11 except other items authorized by ordinance in a shared building where the rest of the store will 12 have a separate entrance, noting it is not a combined operation. 13 14 Mayor Gamache respectfully disagreed with Mr. Snyder. 15 16 Councilmember Trade indicated that when you google Wal -Mart you can view available liquor 17 and that would add to her concern of lack of exclusivity. 18 19 The motion carried unanimously. (See Resolution R106 -12) 20 21 CONSIDER ISSUANCE OFAN OFF -SALE INTOXICATIONLIQUOR LICENSE FOR 22 WAL MART STORES, INC. —1851 BUNKER LAKE BOULEVARD NW 23 24 Councilmember Trade indicated that in reviewing the application for a liquor license there were 25 a number of items missing and items 3 -4 were incomplete. She stated the taxes have not been 26 paid on the site and Wal -Mart is not the owner of the property. 27 28 Motion by Councilmember Trade, Seconded by Councilmember Howard, to deny the Off -Sale 29 Intoxicating Liquor License for Wal -Mart Stores Inc. for the property located at 1851 Bunker 30 Lake Boulevard NW based on the input received at the August 21, 2012, public hearing and the 31 previous City Council discussions, particularly at the August 21, 2012, City Council meeting, 32 including the specific findings. 33 34 Mayor Gamache suggested adding to the denial motion, that it should also be noted that there is a 35 lack of a conditional use permit. Councilmember Trade and Councilmember Howard accepted 36 Mayor Gamache's suggestion. 37 38 City Administrator Dickinson noted that certain items on the application were redacted. 39 40 Councilmember Trade stated that Wal -Mart is not the property owner and the current owner 41 could not receive a liquor license because the taxes were not paid and as prospective owners, 42 Wal -Mart could have a liquor license issued if they paid the taxes. She requested that it be noted 43 that Wal -Mart is incorrectly stated on the application and she preferred that the application be Regular Andover City Council Meeting Minutes — October 16, 2012 Page 7 stated accurately. She stated this is an area where the City has a lot of discretion and there are a number of reasons to deny this application. She stated one area that stands out is that the liquor store is located in a vestibule shared with people going in to the grocery store, also she stated concerns with the same name and same owner and if a violation of the liquor laws occurs, she was not sure if the primary store would be impacted. Mayor Gamache offered the applicant the opportunity to comment. The applicant declined to comment. 10 The motion carried unanimously. 11 12 APPROVE REZONING — 158 73 LINNET STREET NW 13 14 Community Development Director Carlberg stated the property owner has submitted a request to 15 rezone a portion of the parcel located at 15873 Linnet Street NW from R -1, Single Family Rural, 16 to R-4, Single Family Urban, to allow the property owner to request a lot split to create one urban 17 residential lot and utilize the available municipal sewer and water services in the area. 18 19 Councilmember Bukkila asked if this type of rezoning is common. 20 21 Community Development Director Carlberg stated it is not uncommon for properties in the urban 22 service area to carve off pieces of property and connect to City utilities. 23 24 Motion by Councilmember Trude, Seconded by Councilmember Bukkila, to approve an 25 ordinance amending City Code Title 12 -3 -4, Zoning District Map of the City of Andover. The 26 motion carried unanimously. (See Ordinance 422) 27 28 APPROVE LOT SPLITIVARIANCE — 158 73 LINNET STREET NW 29 30 Community Development Director Carlberg stated the property owner proposes to create a new 31 0.56 -acre R -4 lot and retain a 2.0 -acre R -1 lot for an existing home. He advised the variance is to 32 reduce the lot from the 2.5 acre requirement down to 2.0 acres and the Planning Commission 33 recommended approval with a number of conditions including park dedication fees. He noted 34 that in the event the septic fails on the 2.0 acre parcel the house would be required to connect to 35 City sewer and water. 36 37 Motion by Councilmember Knight, Seconded by Councilmember Trude, to approve a resolution 38 approving a lot split to subdivide into two parcels and a variance to reduce the lot size in the R -1, 39 Single Family Rural District for the property located at 15873 Linnet Street NW. The motion 40 carried unanimously. (See Resolution R107 -12) 41 42 Councilmember Trude stated if it suits the applicant's plans at some point and if the City chooses 43 to vacate the easement it might be a wise step so that piece of land is cared for. 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 — October 16, 2012 Page 8 City Administrator Dickinson agreed to have the Planning Commission speak with the applicant to see if he is interested in this. AMEND CITY CODE 12 -3 -5 — RED UCE REAR YARD SETBACK REQUIREMENTS IN INDUSTRML AND COMMERCIAL DISTRICTS Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to approve an ordinance amending the City Code to reduce the rear yard setback requirements to twenty -five (25) feet for Commercial and Industrial Zoned Districts. Community Development Director Carlberg stated the City Council is requested to consider an amendment to the City Code to reduce the rear yard setback requirements from 40' to 25' in the Commercial and Industrial Districts. He stated this change reduces the setback to a reasonable setback requirement to allow development of commercial and industrial property to the best extent possible. He noted the setback will not be changed in abutting residential areas where the setback will remain 35' in commercial areas and 75' in industrial areas that are adjacent to residential areas. He added this change will bring the City Code into conformance with other cities. Councilmember Trude requested clarification on the setback for areas adjacent to residential properties and asked how the setback is calculated. She asked if Target would sit closer to Station Parkway if it were built today. Community Development Director Carlberg explained the setback is calculated from the rear yard lot line abutting a property line. He added this amended setback would be applied to rear yards not backing onto a street, but backing up to a commercial or industrial parcel. The motion carried 4 -1 (Councilmember Trude opposed). (See Ordinance 423) SCHEDULE NOVEMBER EDA MEETING Motion by Councilmember Trude, Seconded by Councilmember Howard, to schedule an EDA Meeting at 6:00 p.m. on November 20, 2012, prior to the City Council Meeting. The motion carried unanimously. ADMINISTRATOR'S REPORT City Administrator Dickinson updated the City Council and the residents regarding administration activities relative to the Youth First Board and Anoka County Community Consortium. He reported on his attendance at the Anoka County Broadband governance meeting and stated there has been a request for the next steps regarding capacity and how that capacity will be used and prioritized given the increasing demand by colleges and their use of the capacity Regular Andover City Council Meeting Minutes — October 16, 2012 Page 9 1 particularly if they are doing video streaming. He stated at some point capacity could become an 2 issue and the cities are saying they should have priority. He stated he will attend the Met Council 3 meeting on October 23`d where the SAC workgroup will be making a recommendation to the Met 4 Council; 18 individuals participated in the workgroup to deal with issues resulting from the SAC 5 charge. He stated that open space negotiations are moving along and negotiations for the EDA 6 are moving along. He stated that absentee voting has been steady and City Hall staff are 7 available to assist with absentee voting. He indicated that the City is working with the County on 8 testing for the elections. He added that four new homes were added last week and the City is 9 currently at 66 new homes. He stated the City should end the year at over 75 new homes not 10 including the new 71 -unit Arbor Oaks development. 11 12 MAYOR/COUNCIL INPUT 13 14 Councilmember Bukkila stated she attended the fundraiser for the Lee Carlson Mental Health 15 and Wellness Center last Friday night and they were fortunate to exceed their goal of $25,000. 16 She stated she participated in the Girl Scouts Day of Service at Oakview Middle School where 17 they cleaned and raked the sewer grates and spray painted the gutters to remind residents not to 18 put grass clippings in the drains. She thanked Sue Doll for helping with the Day of Service. 19 20 Councilmember Trade reported that the Anoka County Library received a $117,000 grant to 21 provide the library with a program at the Community Center that will help children after school 22 and they can obtain books and download books as well as drop off books. She stated this 23 location is five miles from the closest library and will offer iPad type equipment that children can 24 use to download material when involved in community center activities. She indicated the 25 library is asking the City to appoint someone to serve on the project team and she would like to 26 serve if the City Council supports her continued role. The City Council is supportive of 27 Councilmember Trade serving. 28 29 Councilmember Trade stated she has also been working on the task force on elections and the 30 cities are being asked to sign a joint powers agreement. She indicated the City's cost over ten 31 years is $69,000 and includes some maintenance and ongoing services the City has not had in the 32 past. 33 34 City Administrator Dickinson stated that the School Districts have agreed to participate and share 35 in the cost which will reduce the City's cost. 36 37 Councilmember Trude stated that Cindy Reichert has requested that she attend a workshop to 38 review the joint powers agreement and the agreement will be on a future City Council agenda. 39 40 City Administrator Dickinson noted that the City commented earlier on the joint powers 41 agreement. 42 43 Mayor Gamache stated he will attend an Anoka County elected officials meeting on October 24 `" 1 2 3 4 5 6 7 8 9 10 11 12 13 Regular Andover City Council Meeting Minutes — October 16, 2012 Page 10 with Mayor Ryan, Anoka County Board Chair Sivarajah and Jerry Soma and requested that the City Council forward any items to him that he should bring to the meeting. ADJOURNMENT Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 8:13 p.m. Respectfully submitted, Barbara Hughes, Recording Secretary 1 Regular Andover City Council Meeting Minutes — October 16, 2012 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — OCTOBER 16, 2012 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 PROCLAMATION — HOMELESS AWARENESS MONTH - NOVEMBER ............................. 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Approve Health Insurance Renewal and Employer Contribution . ............................... 2 Item 4 Approve Closing City Offices Christmas Eve ............................... ............................... 2 Item 5 Approve Change Order #2/11 -10 /South Coon Creek Drive NW Reconstruction (See ResolutionR103- 12) ............................................................................ ............................... 2 Item 6 Approve Joint Powers Agreement/Anoka County Assessment Service Contract........ 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 2 HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL /11- 40/133RD AVENUE NW RECONSTRUCTION (See Resolution R104 -12) ...................................... ............................... 3 PUBLIC HEARING /2013 -2017 CAPITAL IMPROVEMENT PLAN (See Resolution R105 -12)3 CONTINUE CONSIDERATION OF CONDITIONAL USE PERMIT FOR OFF -SALE LIQUOR/1851 BUNKER LAKE BOULEVARD NW — WAL -MART REAL ESTATE TRUST (See Resolution R106- 12) .............................................................. ............................... 5 CONSIDER ISSUANCE OF AN OFF -SALE INTOXICATION LIQUOR LICENSE FOR WAL- MART STORES, INC. —1851 BUNKER LAKE BOULEVARD NW ...... ............................... 6 APPROVE REZONING —15873 LINNET STREET NW (See Ordinance 422) .......................... 7 APPROVE LOT SPLIT/VARIANCE — 15873 LINNET STREET NW (See Resolution R107 -12) ..................................................................................................................... ............................... 7 AMEND CITY CODE 12 -3 -5 — REDUCE REAR YARD SETBACK REQUIREMENTS IN INDUSTRIAL AND COMMERCIAL DISTRICTS (See Ordinance 423) . ............................... 8 SCHEDULE NOVEMBER EDA MEETING ................................................. ............................... 8 ADMINISTRATOR'S REPORT ..................................................................... ............................... 8 MAYOR/COUNCIL INPUT ........................................................................... ............................... 9 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 —OCTOBER 23, 2012 MINUTES ............. The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 23, 2012, 6:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Mayor Gamache DISCUSS RFP 112 -3 —I 6:05 p.m.), Mike_Knight, Julie Trade, and Chair, Ted Butler ntal'information for the closed session. (SPORTS COMPLEX) City EngineerBerkowitz stated the City-Council is requested to discuss the process moving forward on the planning and construction for Project 12 -31, 3535 161" Avenue NW Sports Complex. Planning and site evaluation has begun on the proposed 40 -acre Sports Complex. Work to date includes a site walk through with the original owner, heating oil tank pumped, existing house evaluation for asbestos and other hazardous material, irrigation well evaluation, and quotes have been received forirrigation well televising and component removal. The next step is to send out a Request For Proposal (RFP) to select a consultant to help prepare a Master Plan and Phase 1 construction plans. Phase 1 is expected to include up to three (3) large soccer /football /lacrosse fields With irrigation and lighting and a class 5 parking lot. He reviewed the scope of services included in the RFP. Those companies interested in the project will be required to attend a pre - proposal meeting at the Andover City Hall at 2:00 p.m. on November 7, 2012, to discuss the scope and answer questions. He reviewed the wells that are on the property and how these could potentially be used to provide irrigation and water to future buildings. Councilmember Bukkila arrived at 6:05 p.m. City Engineer Berkowitz reviewed the timeline for the project including a deadline for receiving RFPs on November 21, 2012, a complete Master Plan deadline of January 8, 2013, and final project deliverable deadline of May 1, 2013. This is a service contract and the City can decide to work with whomever the City desires. He stated the Master Plan would put together something Andover City Council Workshop Meeting Minutes — October 23, 2012 Page 2 1 for companies to bid on for construction. It is important to have a pre - proposal meeting and site 2 review so that companies will have the opportunity to review what the project is and ask any 3 questions they may have. This will ensure all consultants have the same information. 4 Councilmember Howard asked how staff had arrived at having three (3) fields on the parcel. 7 City Engineer Berkowitz stated the Master Plan is for the whole site and this would be what the 8 City would like the parcel to include once it is completed. The maximum number of full size 9 fields that could be included in the plan would be three (3) and these are all included in the first 10 phase of development. 11 12 Councilmember Knight stated an outside consulting firm would be able to view the property and 13 provide a plan that would maximize the parcel. He asked why the City is not doing the design 14 internally. 15 16 City Engineer Berkowitz stated the City has several projects planned for 2013 and time is an 17 issue. Staff's expertise is more in the sewer and water areas rather than this type of design. He 18 explained where potential parking could be located. He explained there should be enough 19 parking on the site so there would be no street parking. 20 21 Councilmember Trade stated it is important for the public to see the development of this parcel 22 and know what the City is planning. 23 24 City Engineer Berkowitz explained there would be neighborhood meetings conducted by the City 25 to engage the residents and gather information about what they would like to see included in the 26 park. There will be two meetings scheduled. He stated the fields would include lighting and 27 irrigation, but the entire project will be done in phases. 28 29 Councilmember Trade asked if the schedule for having a Master Plan by January would be 30 possible. 31 32 City Engineer Berkowitz stated this would be a tight schedule. He explained the costs for turf 33 versus sod would be discussed during the process and costs would be reviewed during the 34 construction cost estimate. If the City would like to see additional things such as seating added 35 to the facility this could be looked at during the Master Plan review. 36 37 Councilmember Howard asked if the pine trees on the property would be preserved. 38 39 City Engineer Berkowitz stated the lines of pine trees would be looked at and they would 40 preserve as many as possible. In order for fields to be ready for use in 2014 they would need to 41 be seeded by July 2013 if the City decides to seed versus sod. 42 43 Mayor Gamache asked when the best time to put an RFP out would be. Andover City Council Workshop Meeting Minutes — October 23, 2012 Page 3 1 2 City Engineer Berkowitz stated the earlier the better. 3 4 Councilmember Trude suggested the City get the RFP out as soon as possible in order to work 5 with the timeline staff has established. She requested staff ensure the consultants understand the 6 City's goal of including a community area in the park. She suggested including this goal in the 7 RFP. 8 9 City Engineer Berkowitz suggested a stakeholders group be formed and the Council determine 10 what involvement this group could have in regard to working with the consultants and what the 11 City would like to see included in the design. 12 13 Councilmember Bukkila stated it is difficult to get people to show up for meetings. 14 15 Councilmember Howard suggested including a couple of residents in the group. 16 17 Councilmember Trude stated the Park and Recreation Commission is made up of residents. She 18 suggested the Park Commission be involved in the process. She stated the timeline for including 19 additional stakeholder meetings is tight. 20 21 City Engineer Berkowitz suggested the stakeholder meeting could be scheduled from the middle 22 of December to the middle of January. 23 24 Mayor Gamache suggested pushing the final project deliverable to the City out to June 1, 2014. 25 26 Park and Recreation Commission Chair Butler stated the Park Commission feels this is a great 27 opportunity for the City and they are excited to be involved in planning this parcel. He stated the 28 Park Commission would also include members from the sports associations and these 29 discussions could be included at the Park Commission workshops. 30 31 Mayor Gamache stated the stakeholder group could include the Park Commission and members 32 from the sports associations and they could meet from the middle of December to the end of 33 January. He suggested the last meeting in January be a joint meeting with the City Council. 34 35 Councilmember Trude stated a Councilmember could be added as a liaison for the Council. 36 37 Park and Recreation Commission Chair Butler stated the Park Commission would add extra 38 workshops to their schedule. 39 40 City Engineer Berkowitz suggested the Park Commission hold a workshop by the end of 41 November in order to brainstorm about the project prior to meeting with the consultant. 42 43 Mayor Gamache stated the Council had discussed a possible trail through the wooded area. Andover City Council Workshop Meeting Minutes — October 23, 2012 Page 4 Park and Recreation Commission Chair Butler stated the Park Commission had discussed having open space for additional practices. Councilmember Trade stated she would approve Park and Recreation Commission Chair Butler, Todd Haas, and City Engineer Berkowitz working on this project and reporting to the City Council. She stated she would be open to having smaller open space areas that could be used as practice areas. 9 Mayor Gamache clarified the Park Commission would have a workshop by the end of November 10 to look at what the Council would like to see included in the project and possible layouts. He 11 stated the Council would like to be sure there is adequate parking included in the design. 12 13 It was the consensus of the Council to recommend the Park and Recreation Commission work 14 with the sports associations and the consultant during workshops from the middle of December 15 to the end of January with a joint meeting with the City Council at the end of January. 16 17 SOUTH COON CREEK DRIVE DISCUSSION 18 19 City Engineer Berkowitz explained the recent rain activity had created some problems with the 20 reconstruction projects. The City had done hydro seeding in the projects and the rains had 21 washed the seed away. The contractor will need to return and reseed the areas. At this time the 22 City would have the option to sod these areas but it would cost an additional $15,000. There are 23 some residents that would prefer sod and others that prefer seeding. 24 25 Councilmember Trade suggested putting in sod for those residents that would prefer it. 26 27 Councilmember Bukkila asked how the additional 25% of the costs would be portioned out and 28 why the City would add an additional cost to this project. 29 30 City Engineer Berkowitz stated the 25% of the cost for the sod would be included in the 31 assessment and this would be paid for by all the benefiting properties in the project. Staff is 32 recommending the project area be reseeded. A straw fiber blanket may be needed to keep the 33 seed in place. The problem with reseeding is the property may need to be reseeded several times 34 in order to get the turf the residents are happy with. 35 36 Councilmember Bukkila asked when the residents had been informed the project would be hydro 37 seeded versus having sod laid. 38 39 City Engineer Berkowitz stated residents had been told the property would be returned to the 40 same or better condition prior to the beginning of construction. The residents had not been told 41 what method would be used for this restoration. The City's practice has been to use the hydro 42 seeding method in these types of projects. 43 Andover City Council Workshop Meeting Minutes — October 23, 2012 Page 5 It was the consensus of the Council to continue to have the project area reseeded. OAK VIEW MIDDLE SCHOOL POOL DISCUSSION 5 City Administrator Dickinson stated at the September 25, 2012, City Council workshop meeting 6 there was consensus to direct staff to look into the swimming pool at Oak View Middle School. 7 Since the workshop staff has initiated discussion with the Anoka- Hennepin School District 8 Superintendent and the Andover YMCA Executive Director. The Anoka- Hennepin School 9 District Superintendent indicated that the School District would be open to discussions with the 10 City, and directed City Administration to have further discussions with School District staff. The 11 Andover YMCA Executive Director was open to discussions of expanding our current 12 partnership and to work towards opening the Oak View Middle School pool. He explained the 13 pools that are currently used for practices. He also stated there are a couple of these pools that 14 are in need of repairs and this could have a significant impact on the Oak View Middle School 15 pool. If these other pools close there is a possibility that other schools could use the Oak View 16 pool for their practices. Staff has been told that the Oak View Middle School pool could be used 17 for competitions. The YMCA may have the opportunity to offer swimming lessons and water 18 safety classes at this location. City Administrator Dickinson asked if the Council would be 19 interested in partnering on this project if the pool would not be opened for open swim to all 20 residents. The school would like to provide the Andover Swim Team with the first opportunity 21 to schedule their practices. Community Ed would also be interested in providing swimming 22 lessons. 23 24 Councilmember Bukkila asked where Community Ed gets their funding from. 25 26 City Administrator Dickinson stated most of their funding comes from a levy. 27 28 Councilmember Trude stated the Community Ed program does not allocated the funds they 29 receive based on the number of kids in the community because Andover had a large amount of 30 kids but does not receive a large amount of the programming. 31 32 City Administrator Dickinson explained the funds are levied on a per capita basis and this is set 33 by the State. 34 35 Mayor Gamache asked if the previous concerns of access, traffic, and parking had been 36 discussed. 37 38 City Administrator Dickinson stated the school does not see these as huge problems that could 39 not be resolved and they would need to be discussed. They also do not believe there would be 40 significant problems with parking. 41 42 Councilmember Trude asked if it would be logical to assume that opening the Oak View Middle 43 School pool could be a conclusion the School District would come to with the potential closing Andover City Council Workshop Meeting Minutes — October 23, 2012 Page 6 1 of other pools do to maintenance problems. 2 3 City Administrator Dickinson stated this was possible. 4 5 Councilmember Bukkila explained she supports staff working with the YMCA and the Anoka- 6 Hennepin School District in trying to find an arrangement that may benefit them but she would 7 not support the City getting involved in operating the pool or providing additional funding for it. 8 This would be out of the City's scope. 9 10 Councilmember Trude asked if the YMCA or the School District would be able to make enough 11 to support operating the pool. 12 13 City Administrator Dickinson stated the total hours available and what the School District would 14 need would have to be evaluated by the YMCA to determine if their programs could fill the 15 remaining hours. 16 17 Councilmember Howard agreed with Councilmember Bukkila and would like to see City 18 Administrator Dickinson continue to facilitate the discussions with the YMCA and the School 19 District but he would not support the City providing financial support. 20 21 OTHER TOPICS 22 23 Parkside at Andover Station 24 25 City Administrator Dickinson stated the number one request Capstone has received at the 26 Parkside at Andover Station development has been for 2 -story homes. Capstone would like to 27 amend the PUD to allow for the construction of 2 -story homes in a portion of the development. 28 They are proposing to do full basements with egress windows and also some lookouts. These 29 homes would fit on the parcels. 30 31 Councilmember Knight asked what these new homes would sell for. 32 33 City Administrator Dickinson stated the 2 -story homes were expected to sell for $200,000 to 34 $250,000. 35 36 Councilmember Bukkila stated these home styles would work in the neighborhood. 37 38 Councilmember Howard stated he would agree in a designated area. He expressed concerns that 39 the parcels were not large enough if the garage needed to be stepped down to meet the basement. 40 41 City Administrator Dickinson stated he would discuss this concern with Capstone, but he thought 42 that was a home buyers issue. 43 Andover City Council Workshop Meeting Minutes — October 23, 2012 Page 7 Councilmember Trade stated as long as these home were along the west edge of the development she would support an amendment. 4 Genthon Ponds Garage 6 City Administrator Dickinson stated there is a garage that had been constructed in 2003 and it 7 was recently discovered that it had been built on the neighboring property. The owner of the 8 garage had located a pin and provided the City with a drawing on the proposed location of the 9 garage based on this pin. The pin that had been located at that time was the corner pin for a 10 different parcel. The City had approved the footings before the garage had been constructed. At 11 this time the property owners are unable to refinance or sell their properties due to the title 12 problems created by this garage. The City does not require a survey for all structures but they 13 should be required for those structures proposed to be close to the property line. The City could 14 work with the residents to change the property lines so that the garage is on the property of the 15 owner but the City would need to keep the parcels at 2.5- acres. There is a 5 -foot easement on 16 these parcels and this could be vacated as well. 17 18 Councilmember Trade stated the garage could be torn down. 19 20 City Administrator Dickinson explained the structure is on a floating slab and to move it would 21 cost approximately $5,000 plus the cost of a new slab. 22 23 Councilmember Howard stated the most cost effective solution would be to move the structure 24 into the correct location. 25 26 CLOSED SESSION 27 28 Mayor Gamache recessed the City Council workshop meeting at 7:33 p.m. to a closed session of 29 the City Council to discuss Open Space Property Negotiations for PID #'s 11- 32 -24 -32 -0001, 11- 30 32 -24 -31 -0001, 11- 32 -24 -24 -0001, and 11- 32 -24 -22 -0001 and Property Negotiations for PID 31 #29- 32 -24 -44 -0022. 32 33 The City Council reconvened at 7:43 p.m. 34 35 2013 BUDGETDEVELOPMENTDISUCSSION 36 37 City Administrator Dickinson stated the City Departments continue to analyze their proposed 38 2013 Annual Operating Budgets. The City Council approved the health insurance renewal at 39 the October 16'h City Council meeting. This renewal was at a 2% increase and Administration 40 will make the necessary adjustments to the budget since a 10% increase was anticipated before 41 entering negotiations. The percent of 2013 General Fund Expenditures reserved for fund balance 42 is at 45 %. Based on the increase in building permits and charges for services over the projected 43 amount the City is currently $300,000 ahead of last year's amounts. The City will begin looking Andover City Council Workshop Meeting Minutes — October 23, 2012 Page 8 for a Building Official at the end of the year in order to have someone hired and trained before the current Official retires. 4 Councilmember Knight asked if the City 45% general fund balance amount is reasonable. 6 City Administrator Dickinson stated the City had maintained between 30% to 35% and has 7 recently increased this to between 40% and 45 %. The State and auditor recommendation is 50 %. 8 If the City continues to maintain 45% the City's rating may at some point increase its bond rating 9 to AAA. 10 11 2012 GENERAL FUND BUDGET PROGRESS /SEPTEMBER 2012 REPORT 12 13 City Administrator Dickinson stated the City of Andover 2012 General Fund Budget was 14 approved with total revenues of $9,263,720 and total expenditures of $9,263,720. The 2012 15 expenditure budget currently is amended to $9,298,720 acknowledging $35,000 of 2011 budget 16 carried forward. He reviewed the budget summary totals and stated the City is currently 17 $300,000 ahead of last years figures due to the increased number of permits received. 18 19 SEPTEMBER 2012 CITYINVESTMENT REVIEW 20 21 City Administrator Dickinson stated a summary report of the City Investment portfolio to the 22 Governing body is a recommended practice and often viewed positively by rating agencies. He 23 provided the Investment Maturities Summary for September 2012, the September 2012 24 Investment Detail Report, and the September 2012 Money Market Funds report. 25 26 The City Council recessed at 7:59 p.m. 27 28 The City Council reconvened at 8:06 p.m. 29 30 OTHER TOPICS 31 32 Recreation Facility Tax Abatement Bonds 33 34 Mr. Mark Ruff from Ehlers and Associates, the City's Financial Advisor explained the City 35 currently has lease revenue bonds for the debt on the Community Center. The situation with the 36 City of Vadnais Heights has impacted the bond market and investor's views on lease revenue 37 bonds. The City refinanced their current lease revenue bonds in 2006 and 2007 and the next call 38 date is 2014. The Recreation Facility Tax Abatement program would provide the City with an 39 opportunity to refinance these bonds and save approximately $750,000 in interest expense over 40 the term of the bonds. The Recreation Facility Tax Abatement Bonds can be used to finance 41 public improvements and the Community Center would meet these requirements. The residents 42 would not be taxed any more and there would be no changes to their property tax statements. 43 The City would need to hold a public hearing and pass a resolution including the terms of the Andover City Council Workshop Meeting Minutes — October 23, 2012 Page 9 bond and the findings regarding the public benefit. He explained the City would be purchasing the facility from the EDA. Councilmember Trade asked if this would refinance all of the City's lease revenue bonds. 6 Mr. Ruff stated the City could call the current bonds early and refinance them or the City could 7 wait and refinance them when they are called in 2014. He stated the Recreation Facility Tax 8 Abatement bonds have been used by other cities including Woodbury, Duluth, and Burnsville. 9 He explained a project area would need to be designated and this would include the benefiting 10 properties. The taxes for the people in this designated area would not be changed. Residents 11 need to be assured they are not being taxed any differently. 12 13 Mayor Gamache asked if it would be better to wait and include this with the other expansions the 14 City has planned. 15 16 Mr. Ruff stated the total amount of the bonds the City can have cannot exceed 10% of the next 17 tax capacity. The City of Andover could finance annually approximately $2.3 million and the 18 current lease revenue bonds would cover approximately half this. The City could issue 19 additional bonds when these future qualifying projects are done. This program is not the same as 20 the TIF program. There would be no differences in residents tax statements. 21 22 Mayor Gamache asked what the risks would be with this change. 23 24 City Administrator Dickinson stated the City would be making a commitment not to walk away 25 from the Community Center. The City would risk the current low interest rates if it decides to 26 wait until 2014 on refinancing the current lease revenue bonds. 27 28 Councilmember Trade suggested based on the current rates the City look at a bond for 29 purchasing the fire truck or the expansion of City Hall or constructing a road from the west with 30 the Community Center at this time. 31 32 Mayor Gamache asked what the next steps would be. 33 34 City Administrator Dickinson stated staff could look at the current rates and bring a 35 recommendation back to the Council for consideration. 36 37 It was the consensus of the City Council to direct staff to review the current rates for a Recreation 38 Facility Tax Abatement Bond to refinance the Lease Revenue Bonds the City currently has. 39 40 Continuous and Non - Continuous Hours of Operation Discussion 41 42 Councilmember Trade stated the Planning and Zoning Commission had held a public hearing 43 and would be making a recommendation to the City Council for the potential problems with Andover City Council Workshop Meeting Minutes — October 23, 2012 Page 10 hours of operation for Black Friday and the holiday season hours. She stated the City Council had talked about the problems with these hours and a special permit process. 4 Councilmember Bukkila stated it had not been talked about prior to passing the definitions. She 5 had brought it up at the Council meeting and she had pointed out that this had not been 6 considered. She had recommended at that meeting this and other potential impacts be looked 7 into and considered prior to the adoption of the definitions. She stated this is a discussion that 8 should take place after the Council has reviewed the information from the Planning and Zoning 9 meeting that was held tonight. 10 11 City Administrator Dickinson stated he did not know the results of the Planning and Zoning 12 meeting tonight. He presented three (3) options the Council could consider to address the 13 concerns with the current holiday shopping season. He stated the City could add language 14 similar to that found in the sign code that would allow for a special permit, the City could decide 15 not to enforce the current definitions for hours of operation for this holiday season, or the City 16 could consider adding a footnote to the use chart that would allow retail operations the 17 opportunity to operate holiday hours during a predetermined time frame. 18 19 Councilmember Knight asked how legitimate 24 -hour businesses such as hotels would be able to 20 operate in the General Business District. 21 22 City Administrator Dickinson stated the Planning and Zoning Commission is currently reviewing 23 this and discussions have included identifying these types of businesses individually or these 24 types of businesses could operate under a CUP that would define the hours of operation. 25 26 Councilmember Trude stated the only way Andover would get a hotel is if Kottkes would sell 27 their property. She stated other communities are struggling with keeping their hotels open. She 28 stated the business community needed to understand there was no intention on the part of the 29 City to not allow them to operate extended hours for the holiday season. 30 31 Councilmember Bukkila stated when the City passed the hours of operation definitions prior to 32 considering the impacts sent a very distinct message to the businesses in the community. These 33 definitions were proposed simply to limit one business and the impacts these changes would have 34 on the rest of the community had not been considered. 35 36 Mayor Gamache suggested staff get the results of the Planning and Zoning Commission meeting 37 and other possible options to the Council for discussion. 38 39 Councilmember Trude stated she would support the footnote that would allow for special hours 40 during the holiday season. She said Target had violated the hours of operation last year and there 41 had not been any negative impact to Target then. 42 43 City Administrator Dickinson clarified Target had not violated the hours of operation last year Andover City Council Workshop Meeting Minutes — October 23, 2012 Page 11 but with the new hours of operation definitions they would not based on the hours they would like to operate for Black Friday. He stated at the workshop with the Planning and Zoning Commission staff had introduced the exception language concept but had elected to move forward with a fully permitted process rather than allowing exceptions. Councilmember Trude stated there was no intention to take away the ability of retail stores to operate extended hours a couple of times a year and this should be conveyed to the business community. 10 It was the consensus of the Council to direct staff to put together additional information 11 regarding the last Planning and Zoning Commission meeting and possible options regarding the 12 hours of operation exceptions for the 2012 holiday shopping season. 13 14 Development in Andover 15 16 Councilmember Howard asked the Council to consider options for attracting new developers to 17 Andover. There are no developers currently looking at Andover and there is a low lot inventory. 18 The City needs to think about this and try and stay ahead of the curve if they are going to attract 19 developers to Andover. 20 21 Councilmember Bukkila suggested a prosperous commercial area and a less restrictive general 22 business district would be beneficial in attracting new commercial and residential developers. 23 24 City Administrator Dickinson stated this would be a good topic for future discussions. He stated 25 the way of doing business over the past 5 years would no longer work. Entry-level builders are 26 not able to get the financing needed for a large development. If credit does not start freeing up 27 the only type of home builders that would able to do developments would be the national 28 builders. The City could look at changing their letter of credit requirements. He stated staff 29 would start talking with developers to see what would work and bring this information to the 30 Council for additional discussions. 31 32 ADJOURNMENT 33 34 Motion by Councilmember Bukkila, Seconded by Councilmember Howard, to Adjourn the 35 October 23, 2012, City Council Workshop. The motion carried unanimously. 36 37 The meeting adjourned at 8:44 p.m. 38 39 Respectfully submitted, 40 41 Tina Borg, Recording Secretary AT Y 0 F 44 NDOVEA 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: November 7, 2012 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $179,272.51 on disbursement edit list #1- 5 from 10/19/12 — 11/02/12 have been issued and released. Claims totaling $1,657,435.01 on disbursement edit list #6 dated 11/07/12 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 proj ects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $1,836,707.52. Please note that Council Meeting minutes will be used as documented approval. Respectfully 7submiittt�ed, d,5 oi"- Lee Brezinka Attachments: Edit Lists to ti O� h � UNWf'� O O 7 A O 8 U U b b N O v 7 IT u U V X Y y. 7 U o U o N U o U o U o U o - E O O O O O � � •--� O � a = ° o O o N c CT 0: N O y u � O LO x_ u O n G n U N o U 9 T y .o cn o x CO a .may ,..a� `V 1 W° r N O U y W p f N v D9 N F w d d d L W W W W M r 7 vl v1 O M C` O N M b W h 01 l� r LC °a °v U U U U U N v v vN1 � OMO GMi O N V� N n N 7 °So �oS � ° °_ �sssssossssosssoss 0 0 0 F O O O O O = O O O O O O O O O O O O O O OO 6 6 C V1 O Vl 00 G\ V] b b V1 00 00 OC GO 00 00 00 W vt V] 0 0 O_ 0 0 0 0 0 0 0 0 a U O O O U �n U O O U O vi O O O O" n n "" O vNi O vNi O U i N N N N N N N N N N N N N N N N N N N N N N N N U O O O 0 0 O O O O O O O O O O O O O O O O O O O a h O W - O O O 00 W V N M \O O G N G ro y 0 T G C O 04 P4 C O Q T U m 3m C4 �4 v U u 0 0 U Q W q p p U ai z 4 U n Vl O rn O O N N V1 O O -- -� N V M M l� r b O N h h M N V 7 V Vl b 'O U V W G\ O N V vt N f-I u c L F z E 7 z u G ct R Q C C T a' C O C c L U Q 0 z' cr V O y N 0 0 :t O N y y y y V1 y Vl y y 0 0n Fo O ci U O O ti O ai O ei ^^ ON ON - ^ ^ O O -+ d 3 x x W U b v' b b v' b b � b b U O O y N 0 0 :t O N y y y y V1 y Vl y y 0 0n Fo O ci U O O ti O ai O ei ^^ ON ON - ^ ^ O O -+ d 3 � M U b v' b b v' b b � b b M O O z U o o U U 8 U It 0 o U � V1 a N V V] np W W j � dJ M W M N C N [� o•J .-. M Q l� V h 7 Q � 4 00 CC OO W qO W W 00 00 W 00 00 00 W 7 Q V Q Q (/� s Los ^ z s � � ,�. s Q Q 1 Q V V' Q Q Q 1 Q Q 00000aooaoa00000a � o�c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U p � T U U r � O O O N O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p M M O M^ C\ M M y .-i M^ M M Gl N py 06 00 M O N O O VJ t� y M N b 0 V^ O O V' M [� M O O O �V' y y N N dJ ff N N 1. •-- •-• N N N O I .a. 0 L✓ r N y M 00 Cam. Z Fo O 3 � O .M. M O O z U o o U U 8 U It 0 o U U a y y j i. dJ M W M N C N [� o•J .-. M Q l� V h 4 O to V.' M� (` V. — r t� t� O N 'n y y Q y C — O O M O 'C ^ 7 w .y. C\ t7 W JO 0O- IN o�c 00 w m Oo O CO m r w m m 00 1 j � T U U r � O ^ _ CD 'a O G u .a. 0 L✓ w U `'� v 4 F/i 4� cn (� to .UO �O ' �^ Yi °' 1i `" F k F •° �? ` �O C) 4 O to CO ^ 0 a .x _ O O V 0 p= l « G V U .. U U U . 4U (/� C. N M 00 Cam. Z O .M. M O O U o o U U 8 U It 0 o U U _ y y j i. dJ M W M N C N [� o•J .-. M Q l� V h O to V.' M� (` V. — r t� t� O N 'n y y Q y C — O O M O 'C ^ 7 w .y. C\ t7 W JO 0O- IN o�c 00 w m Oo O CO m r w m m 00 1 j M 00 Cam. u C L w CG L z Q U C Q c u e Cr e O O c LI :J a 0 z U O N.Un ON N O N y U y C w kt6. w R w N w w W W Q Q c Q c Q v y c C Q U Q a ON N O N ^ O N O �n N �n N vl N U N vi vi v� vi in vt U O b l N c o 0 0 0 o U � v °° � c b �O 1p ♦O b b i0 o 0 0 0 0 0 0 U C b V] P °b 3 c o o c o 0 0 0 0 0 0 GM1 M CMi1 V] 7 00 V1 N O V V V 'T V O V V V 'S V V O - X y I X � CO C Vl 7 vi 4. O p U O O N N N N N N N N N N N N N N N N N N r r L 0th N N U U U 0.'1 q L✓ Q U q w U q U q cpi aUi v',� v > o 0 0 0 0 0 0 0 0 0 p c0 of P O O � c0 00 b N V1 � 0 0 0 0 0 V1 v1 p p q q q° L7 W p N a O m n V to Ob'1 O CC C,0 W O O O a U U U 3 G Gp to uo L c O - W CO C Vl 7 vi 4. O p U O O r r L 0th N N U U U 0.'1 q L✓ Q U q w U q U q cpi aUi v',� v > o o U q q q° L7 W N a O m n V to Ob'1 O CC C,0 W O O O aaaaaa a U V C L W a L z U U Cd G C T C. c 0 'L u V A 0 z V u O a c U U U U U w w uitl, w � w w ti v v L N N d U N N W W W W L W W x x x x x .14 a ¢ < ¢ a C x r7 O V] n CO r V N 00 X ti � T C fn GO w e c vv v w m u `0 4 v p o w N u. N � M_ In IN In .r v m p o o p o , 0 0 0 an m a o p U 0 0 ci 0 0 0 0 O In v 0 eei (pV N W y N U N N V O N N N N N N N N N N N N N N N N N O N O O N N N N O O O 0 0 0 0 0 0 0 0 0 N N N N N N N N N O o 0 o O O O O 0 0 0 0 0 0 0 0 0 00 cl� 0 0 O N b t� p GO UJ O O N N o0 V vt GO 1� h N V O C\ O p V� .-� P r w. 'n In N In � .M. .M• M N C x r7 O V] n CO r V N 00 X ti � T C fn GO w e c vv v w m u `0 4 v p o w N u. N � M_ In IN In .r v m p o o p o , 0 0 0 an m a L: U CO A F. y y N v y y a ^y L W v W M O M v1 h 0 0 0 0 0 vl V1 O O O O O M O M��� M NO M O c C O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O V1 V1 G O G M M OO OO W VI M M ^ M IV1 v v v U O U v1 VNt �0 0 0 0 �O YNi Vt O O O O O V � U N O O U h U v N_ N N N_ N N_ N N_ N_ N_ N_ N_ N_ N_ N N N N _N N N N N N N N N N N N N N N N N N N O O O p N N 'V .- h C\ \O vR N l: N N N O O M O O r <{ O O O O GO M O O C O N U G U O y C y O U � G G � r a d3 to to c. m to to to to tD c c " y U¢ rn c[ _ « 0 N E° o u w° w u° / N Q � o o o cu m _v U U U U °° `n .. 9U — O `V .. G F F" ,>„ rn U U U U U U U U E F « E E E « `°' c U G W 00 O V vVi O 4� G t� C -0 0 4� E � L' O O Tp : y 0 0 � 'T n. w V' U C% rC _ a � ✓ a r� � rte% r� � ��. ��. r�. iL w U � N �.% r- L, (�i (�i U ti s U U V] Cr U1 a W O O 4 w— � � a r r r r r r <n 00 m rn 00 00 - — r r r r r r .. .. — — — _r _r N N N N N N N N N N N N N Z to CA UJ to w fp Ib to to w VJ dJ VJ G oo to u C L a a z" V C U Q C u C a c: e O C C 0 u U 0 z J �O ti N N N N VUI U N N. N N N W C 1 W L'7 U W W C•l a h 00 P b O N M 7 U N ti U v Y G O NV' N N U ti N N U O N N N N O N O N M G C � G �p C iG C h vi V1 vi U M U fn Cl) W VI Vl M p Q � O O O U u V'T .- C O CI U O U N U O U U O U O O O O O O U N U VNt N N N N N N N N N N N N N O O O O O 0 0 0 0 0 0 U p p U '4 v7 IN U U U U 'F Fli j V 0 0 0 0 0 0 0 0 0 0 0 Q to 0 0 N I h N I O V I V I V O I O h VNJ N r v�1 V I vt-1 O I O O o Ih Ih vi C\ c v M M o0 op N vl N N M N N 0 a b G O p p Q � O O C O CI y u O G U U '4 v7 U U U U 'F Fli j V C to to °D Q to o t0 4. a F" `r' �, 00 0 ��. y W ON d V �./ N N-. L✓n U U r 'y O . o Lw C GO 0 a V V C L z L z" U V A e u C T F G C c L u L 0 z V O r N d d U y N 7 N w o v a N N O N U U �c3 N U C � yC) .• rAy N >v _oj > > tui 4 L W x x x a ¢ a a a V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v o 7 0 0 o v o v M M M M M M M M M M M M M M M M M M N N O N o0 U C yC) .• >v _oj > > tui 4 L U O In N N G N U y N O O O OO O In N Vl (n (n C O O O O O O O N N O M O 0 0 0 0 0 M C O C, C C O Cl) M -— G1 V O N M VJ O N .-. vl 00 U N U C\ Q\ U M U O M M 00 V' GO V (n N N (n G1 (n vl U O O O O O O O O O O O O vNi O O �O N N V O U O O O U U U U U U U U U U V U U U U U U U U U V O 0 T 21 FO FO- 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O r � N N N N N N N N N l�l N N N N N N N N N N N N U � N U N 2 'X Y � .rJ, G0 CC0 �-0+ c0 0 0 0 o 0 0 0 0 � •-_ - � a .2 _ CCO CC0 CC0 0 0 O G1 00 V� V N c VJ vl O V M M C\ n M _, v� m� w r� a o 0 0 0 0 o M M _ O G1 v) N ... 1� .. UJ N h .--i h .--i ._. V IN n co 0 o v? In m O O W N N N C\ O M V ` �N^. O O N ( I O 0. , O '• aU. N �o U N U N U 4l N N U U U U N N N y U N 0 0 0 0 0 o u o 0 0 0 0 o v v o_ U C yC) .• >v _oj > > tui 4 L G N U y N O In N Vl (n (n c c c c c c c c c c 0 o s o 0 0 0 o F o 0 0 0 0 0 0 0 0 M o U U U U U U U U V U U U U U U U U U 0 T 21 FO FO- 7 O L •^ CCO F `^ r � [-O C � C C G C G ^ G G C U � N U U �j 2 'X Y � .rJ, G0 CC0 �-0+ c0 0 0 0 o 0 0 0 0 � •-_ - � a .2 _ CCO CC0 CC0 b O j ` 0. , O '• aU. 0 H 7 .-. — .-. .-. .-. — ... �_ w 2 0 of co of oo o0 0� of w M M f1 M crl M r1 M M M t1 M M M M r1 <rl <h M M M M M M rl M M M M M M M M M M V 0 0 0 0 0 0 0 0 0 0 0 0 �. C M M M M M M M M M M M M M M M M M M ^ �o U u G L W z L ..Z E z U U Q �i T G O C O .4 U a z U V •O C F.1 y m w v v G w y w 0 0 0 0 0 0 0 0 0 0 0 0 0 N U U U d d U � F _ Q x x x x ^ 0 0 0 0 0 0 0 X 0 0 0 0 0 0 p G Do G 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U � F _ Q ^ 0 0 0 0 0 0 0 X 0 0 0 0 0 0 p U v G W V1 G1 P OV C1i C\ O\ U1 N N rA U U M h � W 00 M (n CO V1 O (n h V] �O VT G 4 4 -F i3 U O O M U O O Q Q 0 0 0 0 0 0 t_1 '^ � y y � Y a 0. C G ❑, d d U U L k. � la H '� (n � U U W✓ y.. Y v 0./, .. m U U U = ., � � F u> o U C\ U\1 0 0 0 0 0 0 0 0 0 0 0 0 0 p p O O 0 0 o o o 0 U - U U O C. Lam`. Lam`. C. G f�i U C (% U O pN ✓ ON U CU. U C. U C, M - R G Do G U � F _ Q G W G 1-x'4 rt. u U w N N rA U U G 4 4 -F i3 U O O M U O O Q Q 0 0 0 0 0 0 t_1 '^ � y y � Y a 0. C G ❑, d d U U L k. � la H '� (n � U U W✓ y.. Y v 0./, .. m U U U = ., � � F u> o U 0 0 o o o 0 U - U U O C. Lam`. Lam`. C. G f�i U C (% U O pN ✓ ON U CU. U C. U C, - R z o 0 0 0 0 0 0 G 2 y O ^ 'O W Gl In M .-i P Vl a Vl n Vl Vl Vl Vl Ti Li 'J a 'CJ M O �f vt N M O O - G l� 1` r [� NVV NV' OM'J f/^l W �V V' W G Do u C i w N. L E U < i C. Q G U C T R C 7 O I 0 L u a O U U O v o_ 0 cu A C. N N U 4J L N N N N w w w w c W Q < < Q Q < V1 V1 v1 v� V1 O � v1 v) �n vi V1 �n V1 v1 � vt O O O � O N b H �^. O OM OM O O o0 1� C C 0 0 0 o 0 o c 0 0 0 Q O C O C O V � a cn v P G\ G1 G1 G� G1 G1 G1 Gl G\ G\'1 C\ Gl P G1 G\'1 G\'\ G1 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 o p p -. .... M N M O O V O M . N IN N O O p V � N G U C � O d F N � G O � N V U C N O N N N N N N 4 y O v 0 IN I ti 0 0 0 0 0 0 0 0 0 n u 3 5 v> 0 v v m = .L �. a o 3 = wwwwwww 0 ��, 0 w O O O O .3 It C cs r r r. r. r ^. O !n ? N c 0 o 0 o F o F� vOd. 0 ccn cn cn n n cn tb F :j '= U U U U �f". u °u, j ' � 0 p C 0 y U ? d a d a U u at 0 d c. U a st V c. ' N _' U O' U 0 0 O d FLi 3 0 0 7 0 � V O` V^ O d M In M O O O O �� M O O O i. N N V �{ G V p O In In In In M r1 M M c o c .-. ... ... .-. N Z M Ln '0 U V V V V V V V' Q y ' U w ' ai L �i 7 z u 4' R Q c C T a c O C C O I G ' h a' 0 U r III R F w w w w N N N N N N N N N nl N N N_ N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C\ P O O M M IO i0 vl 0� ri - M o; w v c� �; v 1N7 N N O IN .fin 'V m Vl N^ h N N d' N V N vl M rte) N N O N M ° N m IN 0 •X V' n l4 U V chi v v chi chi .� O On 00 3 3 1 = .r] ? U U o �cccvi •_ '.> o = « � C F r s 0 0 0 0 W O O L4 y Q a R r N Y GO M N N vl O r 5 • • O o0 (YJ N O f�/� o�'J 0�0 U uMi O O O c o Vt n I G� N 00 V' N r7 N O % .N. N. -N. N. r ! 00 ;. G % O .� O Q u C L C L ' � I E z" u U Q C V C T p. C O E 'J G L :J a O z u .O t00 w N O � n N u C C ? w m m W L.7 V l ryGj pj ❑ W d 4 ¢ x x 4 ¢ 4 N C 0 O O O O 0 0 0 0 0 N 0 0 0 0 0 C O C O O M O a 0 0 O rn U O� v O O 0 0 0 0 y y y V C' 7 V V V N 00 p�0 CO V x V V x V V V R V 00 00 00 00 fn N v 0 0 0 0 0 0 v o o o 0 0 0 0 0 o d v v o o o N N l,i N N 0 0 0 0 0 0 N ^ O O O O O ^ N N ^ N rn o N N N N ry N N a+ rn G1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 D V M M W v n CD O O h O V r N M dl M V M IN r .-. �V 00 O V1 N N .�. OMi q 4\ VI W � O N W � � UJ N N h c- N N N W C_ U T �^i M U C G Cl It F J ^ N O Ca V C N _ LT CA 0 0 0 0 0 .. w U .. ^ b h➢ O Q Q Q� JI a � Y VI � �. L .. N 0 0 0 0 0 0 O F .O^ U y0 O b G r 0D CD to .V O ] V U U U U U U `" ❑ F p F x O ,` " Q w o F O G O o cI v It x x 3 w o e�i C7 V L u Y cis x T a" w. 0 0 N wi u ��-t-+o Cr O ✓ 0 0 0 0 0 O Q W U N N N N vl > > C\ M M M \O P \^✓ [� l0 O In C M M !h Gl G1 P G\ O C b O M M N UJ C N f% d�J M M M M M C Ti W m U 0 0 0 0 0 0 > > N ('1 > V V > \n^. .�. > M > vri Q v V C d L h C. L C z u Q C Q C V C T a C C O C 0 u A 0 z V .O C M a w d ,n C x U Q r n o 0 0 0 0 0 N M M M O N N N c o 0 0 V N N x O O O O U vi vNi vNi O O O N N N Gl Qi T O o O 0 0 o p n O O O O N r O O\ Cl pj ^ m # A4 � r N C O N � o � 4 V = U U o 2 U U C .-1 0 0 4 a .1 d CO U O ^ GO N O N V Gl O V 7 U U W F. Q \ ■ § / ; / \ o� w� - t� \ \ ) \ t ) §$ k \ / \ . \ ) / ( � � x § � \ - � o � m / \ ■ § / ; / \ w Q� u u L L C1 E z i U u R Q y C U E T P. C E N w d n ca x U Q •- o N U M U .- U � a O c N x ? U L � U o N O N h N O OO I 00 I I 00' x U O p C U .J O ~ 4 0 y ii a F^ �o VI V S-� o U ¢, r u u L L C1 E z i U u R Q y C U E T P. C E N w d n ca x U Q •- o N U M U .- U � a O c N x ? U L � U o N O N h N O OO I 00 I I 00' x U p z w 0 0 0 7 U R �a C v N N h N O O C 7 a O x U U 0 U Q O p C U .J O ~ 4 •L y ii a F^ U F U p S. p z w 0 0 0 7 U R �a C v N N h N O O C 7 a O x U U 0 U Q i4 F� 0-5 U RF 0 U U `' it b fti �lI 1--1 �V--I Q Q P-i U N U p. r. u V .N. N 0 0 w N 0 U � C U 5 C+ p d u L U U 4 V Q C C T C. O Q G O .4 V A O z p 0 rf p N w w A W W U U d C 9 U U M y p i 4 v W O> O 4.1 L t0 Cl C N fA O U = O L N G C U O y U p h N y O U E- o w y x u � o o R O O N O N O N O M N O O N N O N N M_ M .� O V -- R O O ^ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 O M O N O O N O N 0 0 0 0 0 0 0 0 0 0 0 ^ 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 9 U U M y p i 4 v W O> O 4.1 L t0 Cl C N fA O U = O L N G C U O y U p h N y O U E- o w y x u � o o R O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N O O N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M M M M M M M M M M M M M M M M M M M M M M M M M M M O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 9 U U M y p i 4 v W O> O 4.1 L t0 Cl C N fA O U = O L N G C U O y U p h N y O U E- o w y x u � o o R u u C u v F u CG u E z u Q 0 0 0 0 0 O O O O O O M M O O ossaS �asor- i N N N N N G O O O O O 0 0 0 0 0 C M M M M M <+ 0 0 0 0 0 T C O E O c Y U A 0 z J .rO N V Cp N a V M IV O N 0 0 O v a b 0 a x V V U 4 a O U C. Q vi Y M C\ O G\ b M N vi � o cn vi M V N Cl N N V Cp N a V M IV O N 0 0 O v a b 0 a x V V U 4 a O U C. Q vi Y L U N V Cp N a V M IV O N 0 0 O v a b 0 a x V V U 4 a O U C. Q Ww ©w� U i w a E z u < U :C Q G u "c P. c 7 O E 00 b y N Y r-I N 0 w N w w w w u w d o � ^' C z U A. �1 > 00 y N N w w w w w w w d CS � A Q Q Q Q Q Q Q 6i N N �O v 'A d b b iD i0 C HMO C 'A O N O N pN N pM �� N vlU � Vi N U d U O U O U O N U O O O O O O N O N O O O N � O 0 0 0 O 00 M M O O M N p r p b N OD CD M h h M M c�i r N N UJ O W N .N. ti x c; U T N c� s o O O IN U O 0 ^^ N .L to N a U E U No U w N C C G 41 n L O U o r_l U .. ,- Y y _ y _ O U N O C u u O C = It p U .: ?. 'r-"' o V _ It O 2 U U O to on O N U 4 Cv d < < 00 G < G N .- LZ 0 CDr c rn o N N n t1 7 Q N v CO R a ti U U � G1 C\ O h b M 00 G1 O O O O O O V GO U U N C C G C F vi vi vi vi d' vi vi r [� 1� r r £ N ENO h r m r M M M m 0 c O O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M M H1 M M M M M M M M M M M M M O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N c y O C O C O C O a o a �n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C O C r r^ N N N M O '+ M O O N N o0 0 0 O O Q b U U M O_ O O_ M_ O O O V O U O U U O O O O O O O N O O h N O O O 7, h N N N N N N N N N N N N N N N N N Q N N N N O N O N N\ Q Q N\ N N N N N N N\ N N N N N hl N N N N N N N hl N N N hl hl V O O O O O O O O O O O O O O O O O O O O r. a N Cl! N VM1 h M `0 b C\ n' V V r G1 R O M ti r M V GO 00 1 � M M G1 G\ M N vt M <7 N r N M Nn b b oo M^ p r v e a v U � a N O R O u u o Q q[ In `� � � 0 9 o o Ca o cCi " e o v� � _ � � c �� c� � `� c R E Y r •�°o In Y = r r V) Vt In E a N> x T � 0 � i � O � ` � F 9 ^ a q 04 U V U U N U V v; v'• u •.. w c. a U U a 0 0 U o Cy b 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N r r r r r r r r r r r r r r r r r G o ? M N N N N N N N N N N N N N N u ► p ? ti � � h a M CD y N U N y y � y y c. A N C C C C G V 7 r w W W W W W u u U U M M M M M M M M M M M N N C X 0 0 0 0 0 0 0 0 0 0 0 O O O O O O 0 0 X ^ U O X 0 0 0 (n V 00 R m Vl V V) N m V1 M M 00 00 V] VJ m m 7 d' I Y V C euj M O O O O O O_ M O O_ O pM ^•� O O 0 0 0 0 0 U X 0 0 _v LU O O O ' O O N N O N M O N O O\ O Q Q Q N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 N 0 N N N N N N N 0 0 0 0 0 0 0 0 0 0 P. C t` V' M T V [�' •� N N c1 t7 -. C\ O H O hV Cli ,... N O N M m � N [} % M M r r M a •O 'O q q � Q 0 o U c c G O •� �1 FJ m O S U y U •-1 y U ° U V .ter G ,0 �• ?� n V O •G Q U U O U C: = O O r •r-J r C U C U N U :.J 'r F• N N U U �n q q c. O O N p, Y v = v U oU — .-. .-. .-. .-. — .-. — .-. .-. — •Q •00 r r [� r � r r n t� n r 7 V V V V 'C d' '7 V V 'c{ o �n o •O c� � o _ t^i v l� vi U � O O O O •O .-. M � \: � U V U C L 4 L �Z. z" u C. a G u C. G C O •G �L u a 0 z u U .O r R N y U C C W W d C W d U fl R W < N t R U 4 d R W d U N t R ty L•7 C•a G 6 R O U > s Q T R N O OY U O U N cV ti � O ✓ G w 4 u J 0 0 C Z O O O O O O O O O O O O O U. N cUJ N N N N N N N N N N N N U q O U 0 q Z U W N N N N N IN N O O O O O O O O O O p U 4.. O N tO m un o a N N It h M h r r O O O V 7 M M O O r r G O O N W N �: M I M M � M M M Nl .Mi In R O U > s Q T R N U v-. N cV ti � O ✓ G w 4 u J 0 0 C Z U. O cUJ U q F U 0 q Z U W z %. ,z U 4.. q N to o a It W M Nl M OJ V C 0 O O M O 00 dJ O G r q i• ti. G1 I .-. .U-'. CN CN R u C L i u 94 u E z U au+ Q G u C T P. G 0 u O z V u O r. y w r O Ul N ti N v° w w w vt h � M 4 M O O ¢ 4 G CD O Ul N ti N O H h O O O O O h O O O h O O N vt h � M O M O O O O U N O O O N N N N N O N N N O 0 0 O N N V V N O O O O O O O O O O O O N N - N O N ni O ci O O V1 y di UJ O'J UJ GC VJ UJ UJ W GG C7 U UJ f/J UJ Vl Vl N U C✓ U .- N •--. M O W CA N r• M O�� O N V d' — U M N u 0—— O 0———— Q^ O U �: U — —— — h vi h O O O V'V Cl 'O vt 0 0 0 vi O O U O O U 7 U �n vi 0 N C C ^ E E E E F F N N N_ N N N N N N N N N hl N N N N N N N N U O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 4 O O O U O r U U U U U U U U U U N N N N N N N N hl N N N N N N N N N N N N O u O u O O O O O O O O O O O O O O O a ,o "4 wO w �O •O •2 wO wO ti�O u O O u? O N O O :Q E E E � ^ -C E C G- G G '� p p M y '7 07 Q U L �D �D a Q D 7 ',� a .G 00 ry r GO 6 O 0 vl 00 00 n .-. V. V' OJ In �O Z) c. L U U N U G1 00 00 U Ul U U Vl Vl O'J M .- In .-, h ^. .-. M M CD I N V V CD O o � c u � J � Oq r V1 y di UJ O'J UJ GC VJ UJ UJ W GG C7 U UJ f/J UJ Vl Vl O F m In In In — u Q^ eq OD OD to to aq to CAD = to Cl 'O 0 C C ^ E E E E F F U u U _u u O O 4 2 O U O r U U U U U U U U U U E E E E E A u y u a ,o "4 wO w �O •O •2 wO wO ti�O u U u? :Q E E E � ^ -C E C G- G G '� p p .r y Q U L a. �D �D a Q D 7 ',� a .G c .U- Z) c. L U U c: U U 0 U = U U U CD o � c u � ^ r V1 y di UJ O'J UJ GC VJ UJ UJ W GG C7 U UJ f/J UJ Vl Vl m In In In CD V C u R 4 .9 E z U V 0 a+ u I C C. C O C 0 u H Q 0 z �o r bD m F-� N U W L= W W Ud U U V U < 4 < d d N M O O O N N U N V] W V] a O V !n W w w U y M M c U M N w w U M U X V Y'T O Y w y 0 0 0 0 0 O 0 0 0 0 t� Y X w O 00 of O u U h U N N N U VN1 U O vN1 U V V U N U V' �D U U N N N N_ O O O O O O O O 0 0 0 O O O O O O O O W w M M M M M O V �br^j N N GMl GOi O O h Vl N O' O V Vim' oM0 OM'J JMC M M M M a a � a a a on en on X y � 0 � X U C O O O O U G r " •-• o c W W W z c o a U U N cl N r z z z z z z v x o N 0 o a x F z a a— x F q v U u v v a u a 4 O O u r 7j x a a N w w •• M M In I ^ O O a w w w r. " cam. w w Q Q Q N M O O O O ^ O C O O O O O O O O 0 0 0 0 0 O O O w C W VJ n GO W cl� 00 Vt N p p d. M O N W VJ N O d' O G1 1� pM•! Q Q F U O V x c Q F y G Y O % Y N vt 41 #� � N " p W O �_ � P• 9 'O " " y ] .-J r W W r`. O q _ O .. y ... p N 'O u co r 0 0 0 0 ro U CJ is O. 7 'O 2 ,1 O O L V. �. 7 W G VN�` 'C tV ti M M CIn U u G L o. a E u v R Q C C! E T F C I O C C O c U a C U �o y m d w w d v 6 W W Q E 4 ¢ Q Q 4 o O N^ N N N N N N N N N N N N cal N N N O O V V O O O h 0 vi M r N b N b� •�• N N � ~� I .- �� I � � I ti N I N O I O N N ry U y O O U 4 C ^ K - y r. U U .. - N yJ t U 0 0 ,U- q .U- C C .�.'. ^ c' N y ti U L✓ y C; c fn C O W C�2 U u o J z (y N 0 N N O M p0 W u C i w `u z" u U R Q G U C T C. O C C y a C z U U 'o v°i y y U N U ti U y U x x � r O O M U U M v O N N N N N N N N N N N N O N O 0 0 0 ^ O O N N N \ N O O N N ON N N N N N N N N N V r{ O C\ M M N is oD F G £ G 0 U O O .. C- G Cr G i ^ U _ u ° z° z z c u�� a o o u H a u v c7 O O O O O V] N CO 9 0 0 0 0 Q Q Q M M M 0 0 is oD F V L w z" u U R a G u C G O C 0 c 'C u u z V �o ww It H It N w w O d to It G1 N N O N 0 0 C T a a V O O Y C) U G ¢ a G 6 U V^ V N ^^ C 0 E F U N N N N N N N U U N U N 0 0 W o O O > 0 0 0 0 W W W W L. W W u Y V c ri3 in Cy G J (n y N N N vl N N V 0 0 0 0- " It ,A r rn 1 4 O _n m to U 0 o v v r m n o T T T U to to to o\ 0 0 0 0 0 0 0 0 0 0 0 N. Li ^�^ Q' O O b M N N N N N N vi vi O O N N 0 0 0 ^' O r O O O O p O O N UJ l� r V1 l0V V'� � � b G 0 rj <> r O V N 0 00 � N M on ^ N N N N p CC U w 00 tO m It M h O d to It G1 N N O N 0 0 C T a a V O O Y C) U G ¢ a G 6 U a G a C 0 E F 0 0 0 W o O O > 0 0 0 0 W W W W L. W W u a c c ri3 in Cy G J (n y N N N vl N N I " It ,A r rn 0 ai U 0 o v 0 _n m to 0 o v v r m n o T T T U to to to F+ N. Li O O G 0 rj r V N 0 � on p CC U w 00 tO m It •• MMMMMMrn p 0 0 0 ~ m In rn rn rn M rn M 0 0 0 0 0 0 O 0 on o '^ c rn M rn rn M M 0 0 `c C ril U U U U n M L r— 001 � VJ to VJ t't Gl UJ O >> > N N N N N N O d to It G1 N N O N 0 0 C T a a V O O Y C) U G ¢ u G U L 4. V L U G z" U 4+ LC C. U C T :r G_ O C O �L V V 0 7 U O J M CT C\ Ct h N U V_ U O .D ii O r E^ PC 5 C\ N_ O N N O a. O A a W O O 4 Y V U U V G O U Q to a w F� ,a W W L W 6 ¢ Q CJ �O P O O O U O ? O 7 0 C C p O O O n C 0 0 O O r N p / N O N U U 1 O O ¢/ U U O cs cJ O c) C Mme. V O O O � O y YO N t4 C�j ti U a ^Gl� 4 N N 4� U U G u L tr U L u z V C u C u C T P. C 0 Q C G 'L V y U A 0 u 'o c O � wi M d r h U U w [1 O H V O U O a z G r. F N U 00 f3 F-i ►^J 11 N d N 0 N N O C .7 0 0 a x U U U u c 0 U i A,06W^�(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 FROM: David L. Carlberg, Community Development Director SUBJECT: Accept Resignation of Planning and Zoning Commissioner Michael Olsen and Appoint Michael Steel to Serve Remaining Term DATE: November 7, 2012 REQUEST The City Council is requested to accept the resignation of Planning and Zoning Commissioner Michael Olsen and appoint Michael Steel the selected alternate in the last round of interviews as his replacement to serve until January 1, 2014. Attachments Advisory Commission Application `,•j "` NOV 8 2011 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (�+i `lJS L)iSW. DOVtR FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US is lJi' hrtllli�B VV C ADVISORY COIINUSSION APPLICATION Name: m i w-19 e-C T S V, e Address: _ Home Phone: Commission Preference: Plamiing & Zoning X Economic Development Park & Recreation Open Space Please state your reasons for reauestin ri Work Phone: Andover /YMCA Community Center LRRWMO Equestrian Council to be on the advisory commission checked above: %yed /6i e .S /%MCP % j h ue/o Describe your education/experience, which qualifies you to serve on this commission: a :t; c a 7 t! Ci9s L5' d� �, )k"ni /U ,r n c2 TC9 lt/ Describe your professional; civic or conununit}, activities, which may be relevant to this conmussion: _ 61 H Dated: Cover letter and resumes encouraged for this commission f 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 Administrator FROM: David D. Berkowitz, Director of Pub ' s /City Engineer SUBJECT: Award Demolition Quote /12- 31/3535 —161" Avenue NW (Sports Complex)/ (Supplemental) - Engineering DATE: November 7, 2012 INTRODUCTION The City Council is requested to award the demolition quote for City Project 12- 31/3535 -16151 Avenue NW (Sports Complex). DISSCUSION The quote opening for Project 12 -31, 3535 —161St Avenue NW (Sports Complex) Demolition is scheduled for Tuesday, November 6th. The results will be provided to the City Council as supplemental information at the meeting. A map of the demolition work is attached for your information. Respectfully submitted, David D. Berkowitz Attach: Demolition Map's po 891- ...... 692 .. ......... 4% ... . ....... . 17 i V .. .... . ... -- ---- 'Llaz.. ...... ....... ------ 11 om 10 1/1-1,� 10 1., IS7 tlMiS 3M JO -3NT7 g 17 CIS dl7nl ass ------------- 04 -------- -- - - - - - - --------------------------- to [l 036 jo 1131 341 rr IMS J-w YO 123. C9 Orr I s r3 2�i 3.� I S3 po 891- ...... 692 .. ......... 4% ... . ....... . 17 i V .. .... . ... -- ---- 'Llaz.. ...... ....... ------ 11 om 10 1/1-1,� 10 1., IS7 tlMiS 3M JO -3NT7 o 41 `Wy v. gy5 Joe vI E g95 jq' I 892" .. . ... . ....... t g 17 CIS dl7nl o 41 `Wy v. gy5 Joe vI E g95 jq' I 892" .. . ... . ....... t . . . . . . . . . . 17 CIS dl7nl 04 rf 1, — ANDOVE -' 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve Land Purchase Agreement/Open Space /40 acres/PID# 11-3 2-24-3 1 -0001 DATE: November 7, 2012 INTRODUCTION This item is in regards to approving an open space referendum land purchase agreement as recommended by the Andover Open Space Advisory Commission. The property is located in the City of Andover, County of Anoka, State of Minnesota, legally described as Unplatted Grow TAT NE '/a of SW '/ Section 11 T 32 R 24, PID# 11- 32 -24 -31 -0001 (Property). The property is currently owned by James W. Selmer and Hazel Blanchette (Sellers). DISCUSSION The City of Andover (Buyer) has offered to pay $342,000 (Three - hundred forty -two thousand and 00 /100 dollars) for the Property. City Administration and the City Attorney have worked with the Seller's legal counsel and have a negotiated purchase agreement. The City offer is a cash offer and is to be closed by December 31, 2012 with the following contingencies and terms: 1. Buyer shall be completely satisfied, in Buyer's sole discretion, with the environmental and soil conditions of the Property. 2. Buyer shall have determined that roads, easements, driveways, utilities, points of access and other infrastructure serving the Property will be adequate for Buyer's purposes, as determined by Buyer in Buyer's sole discretion. 3. Buyer shall have acquired adequate access to the Property, in its sole discretion. 4. Buyer shall have obtained all watershed, environmental and other governmental approvals and permits (excluding any such approvals and permits as Buyer itself may grant) that Buyer shall deem necessary to use the Property in the manner contemplated by Buyer. 5. Seller will allow right of entry allowing the Buyer the ability to fully inspect the property. 6. This offer is contingent upon formal approval of a Purchase Agreement by the City of Andover City Council at a regularly scheduled City Council meeting. ACTION REOUSTED The City Council is requested to approve the attached Purchase Agreement and corresponding amendment. submitted, Purchase Agreement & Amendment PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement (this "Agreement ") is made on , 2012, by and between James W. Selmer and Hazel Blanchette, (collectively referred to herein as "Seller "), having addresses for notices of 17000 Ward Lake Dr, Andover, Mn 55304 and 1516 122,d Ave NE, Blaine, MN 55449 respectively, and City of Andover ( "Buyer "), a Minnesota municipal corporation having an address for notices of 1685 Crosstown Boulevard, N.W., Andover, MN 55304. 2. OFFER/ACCEPTANCE. Subject to the terms and conditions of this Agreement, Buyer agrees to purchase and Seller agrees to sell land located in the City of Andover, County of Anoka, State of Minnesota, legally described as Unplatted Grow TWP NE '/a of SW '/ Section 11 T 32 R 24, PID# 11- 32 -24 -31 -0001 (the "Property "). 3. PRICE AND TERMS. The purchase price for the Property (the "Purchase Price ") shall be Three Hundred Forty -Two Thousand and 00 /100 Dollars ($342,000.00), which Buyer shall pay as follows: Earnest money of Two Thousand Five Hundred and no /100 Dollars ($2,500.00) by check, receipt of which is hereby acknowledged, and Three Hundred Thirty -Nine Thousand Five Hundred and no /100 Dollars ($339,500.00) in cash or other immediately available funds on the "Closing Date" (defined below). 4. CONTINGENCIES TO BUYER'S OBLIGATION TO PURCHASE THE PROPERTY. Buyer's obligation to purchase the Property is contingent upon satisfaction, or waiver by Buyer, of each of the following conditions. If Buyer so notifies Seller that any such contingency to Buyer's obligation to purchase the Property has not been satisfied, the earnest money paid herein shall be refunded to Buyer and neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for obligations (the "Surviving Obligations ") which expressly survive the termination of this Agreement or the Closing. (a) Buyer shall be completely satisfied, in Buyer's sole discretion, with the environmental and soil conditions of the Property. Seller hereby authorizes Buyer, at Buyer's sole risk, to enter the Property during the period (the "Inspection Period ") commencing on the date of this Agreement and ending at the end of December 31, 2012, to conduct investigations and testing of the Property. Buyer shall indemnify and hold Seller harmless from all loss, cost, damage and expense (including court costs and reasonable attorney's fees) that Seller may suffer or incur as a result of Buyer's entry onto and investigation and testing of the Property, and Buyer's obligation under this sentence shall be a Surviving Obligation. (b) Buyer shall have determined that roads, easements, driveways, utilities, points of access and other infrastructure serving the Property will be adequate for Buyer's purposes, as determined by Buyer in Buyer's sole discretion. (c) Buyer shall have acquired adequate access to the Property, in its sole discretion, (d) Buyer shall have obtained all watershed, environmental and other governmental approvals and permits (excluding any such approvals and permits as Buyer itself may grant) that Buyer shall deem necessary to use the Property in the manner contemplated by Buyer. (e) Buyer shall be satisfied with the matters disclosed by any survey of the Property obtained by Buyer at Buyer's expense. (f) The representations and warranties made by Seller in Section 10 shall be correct as of the Closing Date with the same force and effect as if such representations were made at such time. 5. CLOSING. Except as otherwise expressly provided in this Agreement, the closing of the sale and purchase contemplated by this Agreement (the "Closing ") shall occur on December 31, 2012 or such earlier date as shall be mutually acceptable to Seller and Buyer (the "Closing Date "). The Closing shall occur at 10:00 a.m., or such other time as shall be mutually acceptable to Seller and Buyer, at such location as shall be mutually acceptable to Seller and Buyer. At the Closing, and subject to performance by Buyer, Seller shall execute in recordable form and deliver a Warranty Deed (the "Deed ") to the Land, conveying marketable title to the Land subject only to the "Permitted Exceptions" (defined below), , and shall execute and deliver such other and further documents as reasonably shall be required to consummate the transaction contemplated by this Agreement. At the Closing, and subject to performance by Seller, Buyer shall pay the Purchase Price in cash or other immediately available funds, and shall execute and deliver such documents as reasonably shall be required to consummate the transaction contemplated by this Agreement. At the Closing, Buyer shall pay the state deed tax and any conservation fee on the Deed, and the cost to record any instrument needed to correct title. Buyer shall pay the cost to record the Deed. Buyer shall pay any closing fee charged by the title insurance agency or other company closing the transaction contemplated by this Agreement. For purposes of this Agreement, "Permitted Exceptions" include: A. Building and zoning laws, ordinances, state and federal regulations; B. Reservation of any mineral rights by the State of Minnesota; C. Utility and drainage easements which do not interfere with Buyer's intended use of the Property; D. Public roads upon and County ditches across the Land; and 2 E. Any other matter disclosed by the Title Commitment and not timely and effectively objected to by Buyer. 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of Closing shall be prorated between Seller and Buyer on a calendar year basis to the actual Closing Date. Seller shall pay on the Closing Date all special assessments levied against or pending for the Property as of the Closing Date. Buyer shall pay real estate taxes due and payable in the year following Closing and thereafter, and any special assessments levied and payable after the Closing Date. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 7. SELLER'S OBLIGATIONS. Seller will cooperate in assuring there is a right of access to the Property from a public right of way, but Seller need not incur any costs in connection with any such requests from Buyer. Seller warrants that there has been no labor or material furnished to the Property on behalf of or at the request of Seller in the past 120 days for which payment has not been made. Seller warrants that there are no present violations of any private contractual restrictions relating to the use or improvement of the Property. These warranties shall survive the Closing. 8. CONDITION OF PROPERTY. Seller shall remove from the Land before the completion of the Closing all debris and personal property not included in the Property. 9. BROKERAGE. Buyer and Seller represent that neither party is represented by a real estate agent or broker and no brokerage commissions are due any third parties as a result of this transaction. 10. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and warrants to and covenants with Buyer that: (a) Seller is the owner of fee simple title to the Land; Seller has the power and authority to enter into and perform the terms and conditions of this Agreement, and such performance will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which Seller is a party or by which it is bound, or constitute a default under any of the foregoing; and this Agreement is valid, binding and enforceable against Seller in accordance with its terms. (b) Seller has not received any notice of, and Seller is not aware of, any violation of any law, municipal ordinance or other governmental requirement affecting the Property, including without limitation any notice of any fire, health, safety, building, pollution, environmental or zoning violation, but specifically excluding any such ordinance of Buyer, as to which Buyer has knowledge at least equal to that of Seller. (c) Seller has not received any written notice of any condemnation or eminent domain proceedings, or negotiations for purchase in lieu of condemnation, relating to the Property, or any portion thereof, and Seller has no actual knowledge that any condemnation or eminent domain proceedings have been commenced or threatened in connection with the Property or any portion thereof. 3 (d) (1) To Seller's knowledge, the Property (A) is not subject to any private or governmental lien or judicial or administrative notice, order or action relating to Hazardous Substances or environmental problems, impairments or liabilities with respect to the Property, and (B) to Seller's knowledge, neither Seller nor the Property is in, or with any applicable notice and /or lapse of time, and/or failure to take certain curative or remedial actions, will be in, violation of any Environmental Laws (as herein defined). (2) Seller shall not prior to Closing cause or acquiesce in any Hazardous Substances to exist or be stored, generated, used, located, discharged, released, possessed, managed, processed or otherwise handled on the Property in violation of any Environmental Laws, and shall comply with all Environmental Laws affecting the Property. (3) Seller shall promptly notify Buyer should Seller become aware of (A) any environmental problem or liability with respect to the Property, (B) any lien, order, action or notice of the nature described in subparagraph (1) above, or (C) any litigation or threat of litigation relating to any alleged unauthorized release, discharge, generation, use, storage or processing of any Hazardous Substance or the existence of any Hazardous Substance or other environmental contamination, liability or problem with respect to or arising out of or in connection with the Property. As used herein, "Hazardous Substances" means any matter giving rise to liability under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et sea., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et sea. (including the so- called "Superfund" amendments thereto), or other applicable federal, state or local statute, law, ordinance, rule or regulation governing or pertaining to any hazardous substances, hazardous wastes, chemicals or other materials, including without limitation asbestos, polychlorinated biphenyls, radon, petroleum and any derivative thereof, or any common law theory based on nuisance or strict liability (all of the foregoing statutes, laws, ordinances, rules, regulations and common law theories are sometimes collectively referred to as `Environmental Laws "). (e) No litigation or proceedings are pending or, to Seller's knowledge, contemplated, threatened or anticipated, relating to the Property or any portion thereof. (f) Seller has no knowledge of any unrecorded agreements, undertakings or restrictions which affect the Property. There are no other tenants, persons or entities occupying any portion of the Property, and to Seller's knowledge no claim exists against any portion of the Property by reason of adverse possession or prescription. (g) To Seller's knowledge (i) there is no obligation with respect to the Property for any assessment, annexation fee, payment, donation or the like (other than general real estate taxes, which are required to be paid by the Buyer); (ii) there are no obligations in connection with the Property of any so- called "recapture agreement" involving refund for sewer extension, oversizing utility, lighting or like expense or charge for work or services done upon or relating to the Property or otherwise; and (iii) there is 4 no unexecuted paving agreement or undertaking with any government agency respecting construction of any acceleration or de- acceleration lane, access, or street lighting. (h) Seller does not have any reports, studies, tests, surveys or other similar documents relating to the Property. If, prior to the Closing Date, Seller obtains knowledge of a fact or circumstance the existence of which would constitute a breach by Seller of its representations and warranties hereunder or would render any such representations and warranties materially untrue or incorrect, Seller shall promptly notify Buyer in writing of the same. Under said circumstances, and in addition to any other right or remedy that may be available to Buyer, Buyer, at its option, may terminate this Agreement by notice to Seller prior to completion of the Closing. If Buyer timely gives such notice, neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for the Surviving Obligations. All representations, warranties, covenants, indemnities and undertakings made herein shall be deemed remade as of the Closing Date, shall be true and correct as of the Closing Date, shall be deemed to be material and to have been relied upon by Buyer notwithstanding any investigation or other act of Buyer heretofore or hereafter made, and shall survive for a period of twelve (12) months after the Closing Date. 11. POSSESSION. Seller shall deliver possession of the Property not later than the completion of the Closing. 12. EXAMINATION OF TITLE. Title examination will be conducted as follows: A. Seller's Title Evidence. Seller shall furnish to Buyer a commitment (the "Title Commitment ") for an ALTA Form B Owner's Policy of Title Insurance, certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens, issued by a title insurance company acceptable to Buyer in its reasonable judgment, committing the title insurer to insure Buyer's title to the Property deleting standard exceptions and including affirmative insurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, with policy limits in the amount of the Purchase Price. B. Buyer's Objections. Buyer shall be allowed thirty (30) business days after receipt of the Title Commitment for examination of title and making any objections, which shall be made in writing or deemed waived. 13: TITLE CORRECTIONS AND REMEDIES. Within five (5) business days after its receipt of Buyer's written title objections, Seller shall notify Buyer of Seller's intention as to making the title marketable. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of Closing shall not delay the Closing and need not be timely objected to by Buyer. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the Closing shall be postponed. 5 A. If notice is given and Seller makes title marketable within thirty (30) days after Seller's receipt of Buyer's title objections, then upon presentation to Buyer of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the Closing shall take place within ten (10) business days or on the scheduled Closing Date, whichever is later. B. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may cancel this Agreement, or may sue Buyer for specific performance or for damages for breach of this Agreement and its costs and reasonable attorneys' fees provided such action is commenced not later than six (6) months after such cause of action arose. C. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may cancel this Agreement, or may sue Seller for specific performance or for damages for breach of this Agreement and its costs and reasonable attorneys' fees provided such action is commenced not later than six (6) months after such cause of action arose. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 14. NOTICES. All communications, demands, notices or objections permitted or required to be given or served under this Agreement shall be in writing and, except as otherwise expressly provided in this Agreement, shall be deemed to have been duly given or served on the earliest to occur of. when delivered in person to the other party or its duly authorized agent; or one (1) business day after delivery to a same -day or overnight prepaid courier service; or two (2) business days after deposit with the United States Postal Service, postage prepaid, certified or registered mail, return receipt requested, in each case addressed to the other party at the address set forth at the beginning of this Agreement. Either party may change its address by giving at least ten (10) days' notice of such change to the other party. 15. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 16. SELLER'S DISCLOSURES. Seller certifies that there is not an existing individual sewage treatment system on and serving the Property Seller certifies that there is not an existing well serving the Property. Buyer hereby acknowledges that the sale and purchase contemplated by this Agreement is exempt from the disclosure requirements of Minnesota Statutes Sections 513.52 to 513.60. rol The undersigned agrees to sell the Property for The City of Andover agrees to buy the the Purchase Price and on the terms and Property for the Purchase Price and on the conditions set forth above terms and conditions set forth above SELLER: BUYER: James W. Selmer Hazel Blanchette THE CITY OF ANDOVER By: Its: Mayor By: Its: City Clerk AMENDMENT TO PURCHASE AGREEMENT DATED OCTOBER 8, 2012 BETWEEN JAMES W. SELMER AND HAZEL BLANCHETTE, AS SELLERS, AND CITY OF ANDOVER, AS BUYER The undersigned hereby mutually agree to amend said Purchase Agreement as follows: CONTINGENCY TO SELLERS' OBLIGATION TO SELL THE PROPERTY: Sellers' obligation to sell the Property is contingent upon the closing occurring on or before December 31, 2012. If the closing does not occur on or before December 31, 2012, then the Purchase Agreement shall be considered null and void and the earnest money paid herein shall be refunded to Buyer, and neither Sellers nor Buyer shall have any further rights or obligations under this Agreement except for obligations (the "Surviving Obligations ") which expressly survive the termination of this Agreement or the Closing. All other terms and conditions in the Purchase Agreement shall remain the same. SELLERS: James W. Selmer Hazel Blanchette BUYER: THE CITY OF ANDOVER By: Its: Mayor By: Its: City Clerk Dated: , 2012. Dated: — 2012. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Approve Land Purchase Agreement/Open Space /10 acres/PID#11- 32 -24 -24 -0001 November 7, 2012 INTRODUCTION This item is in regards to approving an open space referendum land purchase agreement as recommended by the Andover Open Space Advisory Commission. The property is located in the City of Andover, County of Anoka, State of Minnesota, legally described as the southerly 330 feet of the SE 1/4 of the NW 1/4 Section 11, T 32, R 24, excepting thereform the roadway and subject to easements of record, PID# 11- 32 -24 -24 -0001, which consists of approximately ten (10) acres (the "Property "). The property is currently owned by Dennis W. Kuiken (Seller). DISCUSSION The City of Andover (Buyer) has offered to pay $94,000 (Ninety -four thousand and 00 /100 dollars) for the Property. City Administration and the City Attorney have worked with the Seller's legal counsel and have a negotiated purchase agreement. The City offer is a cash offer and is to be closed by December 31, 2012 with the following contingencies and terms: 1. Buyer shall be completely satisfied, in Buyer's sole discretion, with the environmental and soil conditions of the Property. 2. Buyer shall have determined that roads, easements, driveways, utilities, points of access and other infrastructure serving the Property will be adequate for Buyer's purposes, as determined by Buyer in Buyer's sole discretion. 3. Buyer shall have acquired, for itself and Seller, adequate access to the Property, in its sole discretion no later than December 31, 2012. 4. Buyer shall have obtained all watershed, environmental and other governmental approvals and permits (excluding any such approvals and permits as Buyer itself may grant) that Buyer shall deem necessary to use the Property in the manner contemplated by Buyer by December 31, 2012. 5. Seller will allow right of entry allowing the Buyer the ability to fully inspect the property. 6. This offer is contingent upon formal approval of a Purchase Agreement by the City of Andover City Council at a regularly scheduled City Council meeting. ACTION REQUSTED The City Council is requested to approve the attached Purchase Agreement. submitted, Purchase Agreement PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement (this "Agreement ") is made on 2012, by and between Dennis W. Kuiken, single, ( "Seller "), having addresses for notices of 16563 Hanson Blvd. NW, Andover, MN 55304, and City of Andover ( "Buyer "), a Minnesota municipal corporation having an address for notices of 1685 Crosstown Boulevard, N.W., Andover, MN 55304. 2. OFFER/ACCEPTANCE. Subject to the terms and conditions of this Agreement, Buyer agrees to purchase and Seller agrees to sell land located in the City of Andover, County of Anoka, State of Minnesota, legally described as the southerly 330 feet of the SE 1/4 of the NW 1/4 Section 11, T 32, R 24, excepting thereform the roadway and subject to easements of record, PID# 11- 32 -24 -24 -0001, which consists of approximately ten (10) acres (the "Property "). 3. PRICE AND TERMS. The purchase price for the Property (the "Purchase Price ") shall be Ninety -Four Thousand and 00 /100 Dollars ($94,000.00), which Buyer shall pay as follows: Earnest money of One Thousand and no /100 Dollars ($1,000.00) by check, receipt of which is hereby acknowledged, and Ninety -Three Thousand and no /100 Dollars ($93,000.00) in cash or other immediately available funds on the "Closing Date" (defined below). 4. CONTINGENCIES TO BUYER'S OBLIGATION TO PURCHASE THE PROPERTY. Not later than five (5) days after this Agreement has been executed and delivered by both Seller and Buyer, Seller shall make available to Buyer and its attorneys and agents, all reports, studies, tests, surveys and other documents relating to the Property that are in Seller's possession or control. Buyer's obligation to purchase the Property is contingent upon satisfaction, or waiver by Buyer, of each of the following conditions. If Buyer so notifies Seller that any such contingency to Buyer's obligation to purchase the Property has not been satisfied, the earnest money paid herein shall be refunded to Buyer and neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for obligations (the "Surviving Obligations ") which expressly survive the termination of this Agreement or the Closing. (a) Buyer shall be completely satisfied, in Buyer's sole discretion, with the environmental and soil conditions of the Property. Seller hereby authorizes Buyer, at Buyer's sole risk, to enter the Property during the period (the "Inspection Period ") commencing on the date of this Agreement and ending at the end of December 31, 2012, to conduct investigations and testing of the Property. Buyer shall indemnify and hold Seller harmless from all loss, cost, damage and expense (including court costs and reasonable attorney's fees) that Seller may suffer or incur as a result of Buyer's entry onto and investigation and testing of the Property, and Buyer's obligation under this sentence shall be a Surviving Obligation. (b) Buyer shall have determined that roads, easements, driveways, utilities, points of access and other infrastructure serving the Property will be adequate for Buyer's purposes, as determined by Buyer in Buyer's sole discretion. (c) Buyer shall have acquired, for itself and Seller, adequate access to the Property, in its sole discretion, no later than December 31, 2012. (d) Buyer shall have obtained all watershed, environmental and other governmental approvals and permits (excluding any such approvals and permits as Buyer itself may grant) that Buyer shall deem necessary to use the Property in the manner contemplated by Buyer by December 31, 2012. (e) Buyer shall be satisfied with the matters disclosed by any survey of the Property obtained by Buyer at Buyer's expense. (f) The representations and warranties made by Seller in Section 10 shall be correct as of the Closing Date with the same force and effect as if such representations were made at such time. 5. CLOSING. Except as otherwise expressly provided in this Agreement, the closing of the sale and purchase contemplated by this Agreement (the "Closing ") shall occur on December 31, 2012 or such earlier date as shall be mutually acceptable to Seller and Buyer (the "Closing Date "). The Closing shall occur at 10:00 a.m., or such other time as shall be mutually acceptable to Seller and Buyer, at such location as shall be mutually acceptable to Seller and Buyer. At the Closing, and subject to performance by Buyer, Seller shall execute in recordable form and deliver a Warranty Deed (the "Deed ") to the Land, conveying marketable title to the Land subject only to the "Permitted Exceptions" (defined below), and shall execute and deliver such other and further documents as reasonably shall be required to consummate the transaction contemplated by this Agreement. The Deed shall either be accompanied by a well disclosure certificate prepared and signed on behalf of Seller and filed at Seller's cost, or shall include the following statement: "I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate." At the Closing, and subject to performance by Seller, Buyer shall pay the Purchase Price in cash or other immediately available funds, and shall execute and deliver such documents as reasonably shall be required to consummate the transaction contemplated by this Agreement. At the Closing, Buyer shall pay the state deed tax and any conservation fee on the Deed, and the cost to record any instrument needed to correct title. Buyer shall pay the cost to record the Deed. Buyer shall pay any closing fee charged by the title insurance agency or other company closing the transaction contemplated by this Agreement. Buyer shall also reimburse Seller for up to Four Hundred and 00 /100 Dollars ($400.00) as and for Seller's attorney's fees, if any, associated with this transaction, upon receipt from Seller of an invoice identifying the services provided. 2 For purposes of this Agreement, "Permitted Exceptions" include: A. Building and zoning laws, ordinances, state and federal regulations; B. Reservation of any mineral rights by the State of Minnesota; C. Utility and drainage easements which do not interfere with Buyer's intended use of the Property; D. Public roads upon and County ditches across the Land; and E. Any other matter disclosed by the Title Commitment and not timely and effectively objected to by Buyer. 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of Closing shall be prorated between Seller and Buyer on a calendar year basis to the actual Closing Date. Seller shall pay on the Closing Date all special assessments levied against the Property as shown on the 2012 tax statement onthe Closing Date. Buyer shall pay real estate taxes due and payable in the year following Closing and thereafter, and any special assessments levied and payable after the Closing Date. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 7. SELLER'S OBLIGATIONS. Seller will cooperate in assuring there is a right of access to the Property from a public right of way and in coordinating an administrative lot split of the Property, but Seller need not incur any costs in connection with any such requests from Buyer. Seller warrants that there has been no labor or material furnished to the Property on behalf of or at the request of Seller in the past 120 days for which payment has not been made. Seller warrants that there are no present violations of any private contractual restrictions relating to the use or improvement of the Property. These warranties shall survive the Closing. 8. CONDITION OF PROPERTY. Seller shall remove from the Land before the completion of the Closing all debris and personal property not included in the purchase of the Property. 9. BROKERAGE. Buyer and Seller represent that neither party is represented by a real estate agent or broker and no brokerage commissions are due any third parties as a result of this transaction. 10. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and warrants to and covenants with Buyer that: (a) Seller is the owner of fee simple title to the Land; Seller has the power and authority to enter into and perform the terms and conditions of this Agreement, and such performance will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which Seller is a party or by which it is k bound, or constitute a default under any of the foregoing; and this Agreement is valid, binding and enforceable against Seller in accordance with its terms. (b) Seller has not received any notice of, and Seller is not aware of, any violation of any law, municipal ordinance or other governmental requirement affecting the Property, including without limitation any notice of any fire, health, safety, building, pollution, environmental or zoning violation, but specifically excluding any such ordinance of Buyer, as to which Buyer has knowledge at least equal to that of Seller. (c) Seller has not received any written notice of any condemnation or eminent domain proceedings, or negotiations for purchase in lieu of condemnation, relating to the Property, or any portion thereof; and Seller has no actual knowledge that any condemnation or eminent domain proceedings have been commenced or threatened in connection with the Property or any portion thereof. (d) (1) To Seller's knowledge, the Property (A) is not subject to any private or governmental lien or judicial or administrative notice, order or action relating to Hazardous Substances or environmental problems, impairments or liabilities with respect to the Property, and (B) to Seller's knowledge, neither Seller nor the Property is in, or with any applicable notice and/or lapse of time, and/or failure to take certain curative or remedial actions, will be in, violation of any Environmental Laws (as herein defined). (2) Seller shall not, prior to Closing, cause or acquiesce in any Hazardous Substances to exist or be stored, generated, used, located, discharged, released, possessed, managed, processed or otherwise handled on the Property in violation of any Environmental Laws, and shall comply with all Environmental Laws affecting the Property. (3) Seller shall promptly notify Buyer should Seller become aware of (A) any environmental problem or liability with respect to the Property, (B) any lien, order, action or notice of the nature described in subparagraph (1) above, or (C) any litigation or threat of litigation relating to any alleged unauthorized release, discharge, generation, use, storage or processing of any Hazardous Substance or the existence of any Hazardous Substance or other environmental contamination, liability or problem with respect to or arising out of or in connection with the Property. As used herein, "Hazardous Substances" means any matter giving rise to liability under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et sea., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et sea. (including the so- called "Superfund" amendments thereto), or other applicable federal, state or local statute, law, ordinance, rule or regulation governing or pertaining to any hazardous substances, hazardous wastes, chemicals or other materials, including without limitation asbestos, polychlorinated biphenyls, radon, petroleum and any derivative thereof, or any common law theory based on nuisance or strict liability (all of the foregoing statutes, laws, ordinances, rules, regulations and common law theories are sometimes collectively referred to as "Environmental Laws "). 0 (e) No litigation or proceedings are pending or, to Seller's knowledge, contemplated, threatened or anticipated, relating to the Property or any portion thereof. (f) Seller has no knowledge of any unrecorded agreements, undertakings or restrictions which affect the Property. There are no other tenants, persons or entities occupying any portion of the Property, and to Seller's knowledge no claim exists against any portion of the Property by reason of adverse possession or prescription. (g) To Seller's knowledge (i) there is no obligation with respect to the Property for any assessment, annexation fee, payment, donation or the like (other than general real estate taxes, which are required to be paid by the Buyer); (ii) there are no obligations in connection with the Property of any so- called "recapture agreement" involving refund for sewer extension, oversizing utility, lighting or like expense or charge for work or services done upon or relating to the Property or otherwise; and (iii) there is no unexecuted paving agreement or undertaking with any government agency respecting construction of any acceleration or de- acceleration lane, access, or street lighting. If, prior to the Closing Date, Seller obtains knowledge of a fact or circumstance the existence of which would constitute a breach by Seller of its representations and warranties hereunder or would render any such representations and warranties materially untrue or incorrect, Seller shall promptly notify Buyer in writing of the same. Under said circumstances, and in addition to any other right or remedy that may be available to Buyer, Buyer, at its option, may terminate this Agreement by notice to Seller prior to completion of the Closing. If Buyer timely gives such notice, neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for the Surviving Obligations. All representations, warranties, covenants, indemnities and undertakings made herein shall be deemed remade as of the Closing Date, shall be true and correct as of the Closing Date, shall be deemed to be material and to have been relied upon by Buyer notwithstanding any investigation or other act of Buyer heretofore or hereafter made, and shall survive for a period of twelve (12) months after the Closing Date. 11. POSSESSION. Seller shall deliver possession of the Property not later than the completion of the Closing. 12. EXAMINATION OF TITLE. Title examination will be conducted as follows: A. Seller's Title Evidence. Buyer shall obtain at Buyer's expense a a commitment (the "Title Commitment ") for an ALTA Form B Owner's Policy of Title Insurance, certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens, issued by a title insurance company acceptable to Buyer in its reasonable judgment, committing the title insurer to insure Buyer's title to the Property deleting standard exceptions and including affirmative insurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, with policy limits in the amount of the Purchase Price. 5 B. Buyer's Objections. Buyer shall be allowed thirty (30) business days after receipt of the Title Commitment for examination of title and making any objections, which shall be made in writing or deemed waived. 13. TITLE CORRECTIONS AND REMEDIES. Within five (5) business days after its receipt of Buyer's written title objections, Seller shall notify Buyer of Seller's intention as to making the title marketable. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of Closing shall not delay the Closing and need not be timely objected to by Buyer. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the Closing shall be postponed. A. If notice is given and Seller makes title marketable within thirty (30) days after Seller's receipt of Buyer's title objections, then upon presentation to Buyer of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the Closing shall take place within ten (10) business days or on the scheduled Closing Date, whichever is later. B. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may cancel this Agreement, or may sue Buyer for specific performance provided such action is commenced not later than six (6) months after such cause of action arose. C. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may cancel this Agreement, or may sue Seller for specific performance provided such action is commenced not later than six (6) months after such cause of action arose. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 14. NOTICES. All communications, demands, notices or objections permitted or required to be given or served under this Agreement shall be in writing and, except as otherwise expressly provided in this Agreement, shall be deemed to have been duly given or served on the earliest to occur o£ when delivered in person to the other party or its duly authorized agent; or one (1) business day after delivery to a same -day or overnight prepaid courier service; or two (2) business days after deposit with the United States Postal Service, postage prepaid, certified or registered mail, return receipt requested, in each case addressed to the other party at the address set forth at the beginning of this Agreement. Either party may change its address by giving at least ten (10) days' notice of such change to the other party. 15. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 16. SELLER'S DISCLOSURES. Seller certifies that there is not an existing individual sewage treatment system on and serving the Property 0 Seller certifies that there is not an existing well serving the Property. Buyer hereby acknowledges that the sale and purchase contemplated by this Agreement is exempt from the disclosure requirements of Minnesota Statutes Sections 513.52 to 513.60. The undersigned agrees to sell the Property for The City of Andover agrees to buy the the Purchase Price and on the terms and Property for the Purchase Price and on the conditions set forth above terms and conditions set forth above SELLER: Dennis W. Kuiken BUYER: THE CITY OF ANDOVER By: Its: Mayor By: Its: City Clerk r t 1 I f 1 3 w Yb s„ i r x• a. IK 1 Kx 533' �^ w, A "Y i g� r� a d f ' TIM, W q k �� X rP l � &��e^ f S s•�,e i f q i ky a 'f Ali � Ya"Ys. r _9 v y GX� 11612 1 ,rim, 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 Approve Land Purchase Agreement/Open Space/Easement/PID#11- 32 -24 -23 -0001 November 7, 2012 L 52 im' 0 %-I This item is in regards to approving an open space referendum permanent easement purchase agreement as recommended by the Andover Open Space Advisory Commission. The permanent easement is for vehicle and pedestrian access including, without limitation, the construction, maintenance, and repair thereof, and uses incident thereto, in, under, over and upon the real property, in Anoka County, Minnesota described as follows: The southerly 33 feet of the SW 1/4 of the NW 1/4 Section 11, T 32, R 24, excepting therefrom the roadway and subject to easements of record, PID# 11- 32 -24 -23 -0001, which consists of approximately one (1) acre (the "Property "). The property is currently owned by Douglas P. and Joann A. Lawrence (Seller). DISCUSSION The City of Andover (Buyer) has offered to pay $25,000 (Twenty -five thousand and 00 /100 dollars) for the Property. City Administration and the City Attorney have worked with the Seller's legal counsel and have a negotiated purchase agreement. The City offer is a cash offer and is to be closed by December 31, 2012 with the following contingencies and terms: 1. Buyer shall be completely satisfied, in Buyer's sole discretion, with the environmental and soil conditions of the Property. 2. Buyer shall have determined that roads, easements, driveways, utilities, points of access and other infrastructure serving the Property will be adequate for Buyer's purposes, as determined by Buyer in Buyer's sole discretion. 3. Buyer shall have acquired the real property located in the County of Anoka, State of Minnesota identified as PID#11- 32 -24 -31 -0001 and the southerly 330 feet of PID #11- 32 -24 -24 -0001, no later than December 31, 2012. 4. Buyer shall have obtained all watershed, environmental and other governmental approvals and permits (excluding any such approvals and permits as Buyer itself may grant) that Buyer shall deem necessary to use the Property in the manner contemplated by Buyer by December 31, 2012. 5. Seller will allow right of entry allowing the Buyer the ability to fully inspect the property. 6. This offer is contingent upon formal approval of a Purchase Agreement by the City of Andover City Council at a regularly scheduled City Council meeting. City Council is requested to approve the attached Purchase Agreement. submitted, Purchase Agreement PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement (this "Agreement ") is made on , 2012, by and between Douglas P. Lawrence and Joann A. Lawrence, husband and wife, (collectively referred to herein as "Seller "), having an address for notices of 2477 Main Street, Coon Rapids, MN 55448, and City of Andover ( "Buyer "), a Minnesota municipal corporation having an address for notices of 1685 Crosstown Boulevard, N.W., Andover, MN 55304. 2. OFFER/ACCEPTANCE. Subject to the terms and conditions of this Agreement, Buyer agrees to purchase and Seller agrees to sell a permanent easement for vehicle and pedestrian access including, without limitation, the construction, maintenance, and repair thereof, and uses incident thereto, in, under, over and upon the real property, in Anoka County, Minnesota described as follows: The southerly 33 feet of the SW 1/4 of the NW 1/4 Section 11, T 32, R 24, excepting therefrom the roadway and subject to easements of record, PID# 11- 32 -24 -23 -0001, which consists of approximately one (1) acre (the "Property"). 3. PRICE AND TERMS. The purchase price for the Property (the "Purchase Price ") shall be Twenty -Five Thousand and 00 /100 Dollars ($25,000.00), which Buyer shall pay as follows: Earnest money of One Thousand and no /100 Dollars ($1,000.00) by check, receipt of which is hereby acknowledged, and Twenty -Four Thousand and no /100 Dollars ($24,000.00) in cash or other immediately available funds on the "Closing Date" (defined below). 4. CONTINGENCIES TO BUYER'S OBLIGATION TO PURCHASE THE PROPERTY. Buyer's obligation to purchase the Property is contingent upon satisfaction, or waiver by Buyer, of each of the following conditions. If Buyer so notifies Seller that any such contingency to Buyer's obligation to purchase the Property has not been satisfied, the earnest money paid herein shall be refunded to Buyer and neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for obligations (the "Surviving Obligations ") which expressly survive the termination of this Agreement or the Closing. (a) Buyer shall be completely satisfied, in Buyer's sole discretion, with the environmental and soil conditions of the Property. Seller hereby authorizes Buyer, at Buyer's sole risk, to enter the Property during the period (the "Inspection Period ") commencing on the date of this Agreement and ending at the end of December 31, 2012, to conduct investigations and testing of the Property. Buyer shall indemnify and hold Seller harmless from all loss, cost, damage and expense (including court costs and reasonable attorney's fees) that Seller may suffer or incur as a result of Buyer's entry onto and investigation and testing of the Property, and Buyer's obligation under this sentence shall be a Surviving Obligation. (b) Buyer shall have determined that roads, easements, driveways, utilities, points of access and other infrastructure serving the Property will be adequate for Buyer's purposes, as determined by Buyer in Buyer's sole discretion. (c) Buyer shall have acquired the real property located in the County of Anoka, State of Minnesota identified as PID #11- 32 -24 -31 -0001 and the southerly 330 feet of PID #11- 32 -24 -24 -0001, no later than December 31, 2012. (d) Buyer shall have obtained all watershed, environmental and other governmental approvals and permits (excluding any such approvals and permits as Buyer itself may grant) that Buyer shall deem necessary to use the Property in the manner contemplated by Buyer. (e) Buyer shall be satisfied with the matters disclosed by any survey of the Property obtained by Buyer at Buyer's expense. (f) The representations and warranties made by Seller in Section 10 shall be correct as of the Closing Date with the same force and effect as if such representations were made at such time. 5. CONTINGENCY TO SELLER'S OBLIGATION TO SELL THE PROPERTY._ Seller's obligation to sell the Property is contingent upon the closing occurring on or before December 31, 2012. If the closing does not occur on or before December 31, 2012, then the Purchase Agreement shall be considered null and void and the earnest money paid herein shall be refunded to Buyer, and neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for obligations (the "Surviving Obligations ") which expressly survive the termination of this Agreement or the Closing. 6. CLOSING. Except as otherwise expressly provided in this Agreement, the closing of the sale and purchase contemplated by this Agreement (the "Closing ") shall occur on December 31, 2012 or such earlier date as shall be mutually acceptable to Seller and Buyer (the "Closing Date "). The Closing shall occur at 10:00 a.m., or such other time as shall be mutually acceptable to Seller and Buyer, at such location as shall be mutually acceptable to Seller and Buyer. At the Closing, and subject to performance by Buyer, Seller shall execute in recordable form and deliver a Quit Claim Deed (the "Deed ") to the Property, conveying marketable title to the Property subject only to the "Permitted Exceptions" (defined below), and shall execute and deliver such other and further documents as reasonably shall be required to consummate the transaction contemplated by this Agreement. At the Closing, and subject to performance by Seller, Buyer shall pay the Purchase Price in cash or other immediately available funds, and shall execute and deliver such documents as reasonably shall be required to consummate the transaction contemplated by this Agreement. At the Closing, Buyer shall pay the state deed tax and any conservation fee on the Deed, and the cost to record any instrument needed to correct title. Buyer shall pay the cost to record the Deed. Buyer shall pay any closing fee charged by the title insurance agency or other company closing the transaction contemplated by this Agreement. 2 For purposes of this Agreement, "Permitted Exceptions" include: A. Building and zoning laws, ordinances, state and federal regulations; B. Reservation of any mineral rights by the State of Minnesota; C. Utility and drainage easements which do not interfere with Buyer's intended use of the Property; D. Public roads upon and County ditches across the Land; and E. Any other matter disclosed by the Title Commitment and not timely and effectively objected to by Buyer. 7. BUYER'S OBLIGATIONS. Buyer will coordinate with Seller to obtain appropriate drainage of the Property to Seller's private ditch in conjunction with Buyer's construction of an access roadway upon the Property. Buyer shall provide a new drainage ditch on the north side of the access roadway. Buyer shall fill in the private ditch approximately 130 feet north of the south line of the subject property and shall obtain all governmental permits and approval for the work. These obligations by Buyer shall survive the Closing. 8. ASSESSMENTS AND MAINTENANCE. The Buyer shall construct and maintain the access roadway at its sole expense. No assessment shall be levied against the Sellers adjoining property. 9. SELLER'S OBLIGATIONS. Seller will cooperate and coordinate with Buyer relative to the construction of an access roadway upon the Property and in obtaining appropriate drainage of said access roadway into Seller's private ditch. Seller shall further grant Buyer a right of entry to enter upon the adjacent property of Seller for the purposes of constructing said access roadway upon the Property and shall give Buyer a perpetual right to use Seller's private ditch for drainage of the constructed access roadway. These obligations by Seller shall survive the Closing. 10. CONDITION OF PROPERTY. Seller shall remove from the Land before the completion of the Closing all debris and personal property not included in the purchase of the Property. 11. BROKERAGE. Buyer and Seller represent that neither party is represented by a real estate agent or broker and no brokerage commissions are due any third parties as a result of this transaction. 12. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and warrants to and covenants with Buyer that: 3 (a) Seller is the owner of fee simple title to the Land; Seller has the power and authority to enter into and perform the terms and conditions of this Agreement, and such performance will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which Seller is a party or by which it is bound, or constitute a default under any of the foregoing; and this Agreement is valid, binding and enforceable against Seller in accordance with its terms. (b) Seller has not received any notice of, and Seller is not aware of, any violation of any law, municipal ordinance or other governmental requirement affecting the Property, including without limitation any notice of any fire, health, safety, building, pollution, environmental or zoning violation, but specifically excluding any such ordinance of Buyer, as to which Buyer has knowledge at least equal to that of Seller. (c) Seller has not received any written notice of any condemnation or eminent domain proceedings, or negotiations for purchase in lieu of condemnation, relating to the Property, or any portion thereof; and Seller has no actual knowledge that any condemnation or eminent domain proceedings have been commenced or threatened in connection with the Property or any portion thereof. (d) (1) To Seller's knowledge, the Property (A) is not subject to any private or governmental lien or judicial or administrative notice, order or action relating to Hazardous Substances or environmental problems, impairments or liabilities with respect to the Property, and (B) to Seller's knowledge, neither Seller nor the Property is in, or with any applicable notice and /or lapse of time, and /or failure to take certain curative or remedial actions, will be in, violation of any Environmental Laws (as herein defined). (2) Seller shall not, prior to Closing, cause or acquiesce in any Hazardous Substances to exist or be stored, generated, used, located, discharged, released, possessed, managed, processed or otherwise handled on the Property in violation of any Environmental Laws, and shall comply with all Environmental Laws affecting the Property. (3) Seller shall promptly notify Buyer should Seller become aware of (A) any environmental problem or liability with respect to the Property, (B) any lien, order, action or notice of the nature described in subparagraph (1) above, or (C) any litigation or threat of litigation relating to any alleged unauthorized release, discharge, generation, use, storage or processing of any Hazardous Substance or the existence of any Hazardous Substance or other environmental contamination, liability or problem with respect to or arising out of or in connection with the Property. As used herein, "Hazardous Substances" means any matter giving rise to liability under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et sea. (including the so- called "Superfund" amendments thereto), or other applicable federal, state or local statute, law, ordinance, rule or regulation governing or pertaining to any hazardous substances, hazardous wastes, chemicals or other materials, 0 including without limitation asbestos, polychlorinated biphenyls, radon, petroleum and any derivative thereof, or any common law theory based on nuisance or strict liability (all of the foregoing statutes, laws, ordinances, rules, regulations and common law theories are sometimes collectively referred to as `Environmental Laws "). (e) No litigation or proceedings are pending or, to Seller's knowledge, contemplated, threatened or anticipated, relating to the Property or any portion thereof. (f) Seller has no knowledge of any unrecorded agreements, undertakings or restrictions which affect the Property. There are no other tenants, persons or entities occupying any portion of the Property, and to Seller's knowledge no claim exists against any portion of the Property by reason of adverse possession or prescription. (g) To Seller's knowledge (i) there is no obligation with respect to the Property for any assessment, annexation fee, payment, donation or the like (other than general real estate taxes, which are required to be paid by the Buyer); (ii) there are no obligations in connection with the Property of any so- called "recapture agreement" involving refund for sewer extension, oversizing utility, lighting or like expense or charge for work or services done upon or relating to the Property or otherwise; and (iii) there is no unexecuted paving agreement or undertaking with any government agency respecting construction of any acceleration or de- acceleration lane, access, or street lighting. (h) Seller warrants that there has been no labor or material furnished to the Property on behalf of or at the request of Seller in the past 120 days for which payment has not been made. Seller warrants that there are no present violations of any private contractual restrictions relating to the use or improvement of the Property. If, prior to the Closing Date, Seller obtains knowledge of a fact or circumstance the existence of which would constitute a breach by Seller of its representations and warranties hereunder or would render any such representations and warranties materially untrue or incorrect, Seller shall promptly notify Buyer in writing of the same. Under said circumstances, and in addition to any other right or remedy that may be available to Buyer, Buyer, at its option, may terminate this Agreement by notice to Seller prior to completion of the Closing. If Buyer timely gives such notice, neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for the Surviving Obligations. All representations, warranties, covenants, indemnities and undertakings made herein shall be deemed remade as of the Closing Date, shall be true and correct as of the Closing Date, shall be deemed to be material and to have been relied upon by Buyer notwithstanding any investigation or other act of Buyer heretofore or hereafter made, and shall survive for a period of twelve (12) months after the Closing Date. 13. POSSESSION. Seller shall deliver possession of the Property not later than the completion of the Closing. 14. EXAMINATION OF TITLE. Title examination will be conducted as follows: W, A. Seller's Title Evidence. Seller shall furnish to Buyer a copy of the Certificate of Title No. 119838 and the recorded Contract for Deed Document No. 484141.002, and the Amendments to Contract for Deed dated November 1, 2009 and July 9, 2012. B. Buyer's Objections. Buyer shall be allowed thirty (30) business days after receipt of the Seller's title evidence for examination of title and making any objections, which shall be made in writing or deemed waived. 15. TITLE CORRECTIONS AND REMEDIES. Within five (5) business days after its receipt of Buyer's written title objections, Seller shall notify Buyer of Seller's intention as to making the title marketable. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of Closing shall not delay the Closing and need not be timely objected to by Buyer. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the Closing shall be postponed. A. If notice is given and Seller makes title marketable within thirty (30) days after Seller's receipt of Buyer's title objections, then upon presentation to Buyer of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the Closing shall take place within ten (10) business days or on the scheduled Closing Date, whichever is later. B. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may cancel this Agreement, or may sue Buyer for specific performance or for damages for breach of this Agreement and its costs and reasonable attorneys' fees provided such action is commenced not later than six (6) months after such cause of action arose. C. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may cancel this Agreement, or may sue Seller for specific performance or for damages for breach of this Agreement and its costs and reasonable attorneys' fees provided such action is commenced not later than six (6) months after such cause of action arose. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 16. NOTICES. All communications, demands, notices or objections permitted or required to be given or served under this Agreement shall be in writing and, except as otherwise expressly provided in this Agreement, shall be deemed to have been duly given or served on the earliest to occur of. when delivered in person to the other party or its duly authorized agent; or one (1) business day after delivery to a same -day or overnight prepaid courier service; or two (2) business days after deposit with the United States Postal Service, postage prepaid, certified or registered mail, return receipt requested, in each case addressed to the other party at the address 0 set forth at the beginning of this Agreement. Either party may change its address by giving at least ten (10) days' notice of such change to the other party. 17. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. The undersigned agrees to sell the Property for The City of Andover agrees to buy the the Purchase Price and on the terms and Property for the Purchase Price and on the conditions set forth above terms and conditions set forth above SELLER: Douglas P. Lawrence BUYER: THE CITY OF ANDOVER By: Its: Mayor By: Joann A. Lawrence Its: City Clerk 7 Ni v 1Y] M, W-Vc-� 1W. x3 t C I T Y O F ND 4VE: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Approve Resolution Calling for a Public Hearing on Proposed Property Tax Abatements for a Community Center Project November 7, 2012 As part of the 2013 Budget development process the City continually reviews past debt issuances to determine if there are refinancing opportunities that could produce potential long term debt service savings. This agenda item initiates a process for one such opportunity. DISCUSSION City Staff and Ehlers and Associates, the City's fiscal advisor, have reviewed the following bonds: Date of Rate of Original Description Issue Maturity Interest Issued Governmental Activities General Obligation Bonds 2.125- 2004 EDA Public Facility Lease Rev (a) 4/23/2004 2/1/2014 5.400% 19,580,000 2006 EDA Public Facility Lease Rev Refunding (a) 12/1/2006 2/1/2034 4.00 -4.50% 10,000,000 2007 EDA Public Facility Lease Rev Refunding (a) 1/1/2007 2/1/2034 4.00 -4.50% 6,865,000 The aforementioned bonds were issued finance the construction of the Andover YMCA/Community Center. City Staff and Ehlers, in an effort to save long term debt service expense through a unique financing method, are of the opinion the City Council should consider that the City abate property taxes levied by the City on the property benefited by or in close proximity to the Andover YMCA/Community Center (specific tax parcel numbers will be presented via a supplemental agenda item). The taxes proposed to be abated by the City on the specific properties would be for up to a 20 year period, and is estimated to be not more than $19,000,000. The City Council would then be requested to consider that the property tax abatement be used for the acquisition of the community center from the Economic Development Authority of the City of Andover. To do so the, the City would issue Taxable General Obligation Tax Abatement Bonds in an amount not to exceed $19,000,000 to finance acquisition of the community center from the Economic Development Authority (EDA) of the City of Andover. The EDA would then use those proceeds to pay off the bonds that originally financed the Andover YMCA/Community Center, a refinancing through purchase. BUDGET IMPACT Through the use of tax abatement, there is an opportunity to save long term debt service expense. ACTION REQUESTED The City Council will be asked to approve the attached resolution calling for a public hearing on proposed tax abatements for a Community Center project. Jim submitted, Recreation Facility Tax Abatement Handout - Resolution calling for a public hearing on proposed tax abatements for a Community Center project .4r� aq Recreation Facility Tax Abatement What is Tax Abatement? Tax abatement is the ability for an individual taxing entity to capture and use all or a portion of the local property tax revenues within a defined geographic area to assist with a public improvement, attract a new development, or retain a business. Property owners do not need to give permission to abate taxes nor does it change the amount of taxes to be collected. It allows each major taxing jurisdiction to choose to contribute its share of the taxes and limit abatement in any manner it determines appropriate. The City may grant an abatement without other jurisdictions also agreeing to participate. In practice, it is a reallocation of taxes rather than an exemption from paying taxes. axes. It is governed by Minnesota Statutes 469.1812- 469.1815. Tax abatement can be used to finance pubic infrastructure like a community center, regardless if the benefited development or infrastructure is on or adjacent to the parcel for which the tax is being abated. The city has flexibility in how it chooses to abate /redirect the taxes and can abate /redirect a specific percent or the taxes or dollar amount, which may include taxes from new development or existing taxes. If more than one taxing entity participates in the abatement, the length of the abatement is not required to be the same for each entity. There are no qualified cost requirements for tax abatement. The taxpayer pays taxes in the abated property in the sane manner it would if the taxes were not being abated. What is the process for establishing tax abatement? After identifying the details of the abatement, including the amount, term and the parcels for abatement, a public hearing with at least a 10 day published notice must be held by each entity granting the abatement. The entity granting the abatement is then required to adopt a resolution approving the abatement. The adopting resolution must include the following: (1) Term of the abatement; (2) Statement of public benefit expected to result from the abatement; (3) Required findings; and (4) Schedule of repayment of deferred taxes (if applicable). This process must be completed by each entity granting the abatement. What findings must the approving entity make prior to approving tax abatement? The entity granting the abatement must make a finding that the abatement benefits to the political subdivision at least equal the costs of the proposed agreement, and that the abatement is in the public interest for at least one of the following reasons: • Increase or preserve tax base • Provide employment opportunities • Provide or help acquire or construct public facilities • Redevelop or renew blighted areas • Provide access to services for residents • Provide public infrastructure • Phase in a property tax increase, in specific circumstances • Stabilize the tax base f What is the term of abatement? If all three taxing entities (city, county and school district) participate in tax abatement the maximum term is 15 years. However, if only one or two of the entities participate, the term is a maximum of 20 years. The term of the abatement must be included in the adopting resolution. If the resolution is silent to the term, the maximum term is 8 years. What is the maximum amount that can be abated? In any one year, the TOTAL amount a political subdivision may abate may not exceed the greater of 10 percent of the entity's net tax capacity or $200,000. In addition, taxes on a parcel may not be abated while the parcel is located in a tax increment district. The City's net tax capacity is approximately $23.5 million, so its maximum total abatement capacity is $2,350,000. How do abatements affect tax levies? Abatements are special tax levies. The amount of the abatement must be added to the total levy for the current year. The abatement amount must be included in the proposed levy for Truth in Taxation as well as the certified levy Who has used tax abatement bonds for recreation purposes? IssterName Issue Name' Amount. Purpose Buffalo I City of I MN Taxable Temporary General Obligation Tax Abatement Bonds, i 3,000,000.00 Golf course Series 2004D f Maplewood I City of I MN General Obligation Tax Abatement Bonds Series 2004C ..... ... ._ 5,025,000.001 Park and public improvements Tracy I City of I MN iTemporary General Obligation Tax Abatement Bonds, 1,195,000.00 Swmmingpool eries 25A ) S 00 _----- Cltisago City I City of] MN --....__. ( General Obligation Tax Abatement Bonds, Series 2008B 1,550,000.001 Land acquisition for parks Cloquet I City of I MN General Obligation Tax Abatement Bonds, Series 2009A 1,500,000.00 j Sw mming pool St Cloud I City of I MN Taxable GO Tax Abatement Bonds Series 2010B 22 315,000.00 i Civic Center Duluth I City of I MN General Obligation Tax Abatement Bonds, Series 2012A 1 7,055,000.00; Spirit Mount recreation area In addition, it is our understanding that the City of Woodbury is contemplating a $13M expansion of its recreational facilities using tax abatement and the City of Savage financed $4,915,000 in tax abatement bonds in 2012 for an indoor sports facility. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED PROPERTY TAX ABATEMENTS FOR A COMMUNITY CENTER PROJECT BE IT RESOLVED by the City Council (the "Council') of the City of Andover, Minnesota (the "City "), as follows: 1. Recitals. (a) Minnesota Statutes, Sections 469.1812 through 469.1815, both inclusive, authorize the City, upon satisfaction of certain conditions, to grant an abatement of all or a part of the taxes levied by the City on real property within its boundaries. (b) It is a legal requirement that the City hold a public hearing prior to adoption of a resolution granting any property tax abatements. 2. Hearing. A public hearing on the consideration of the property tax abatement will be held at the time and place set forth in the Notice of Hearing attached hereto as Exhibit A and hereby made a part hereof. 3. Notice. The City Administrator is hereby authorized and directed to cause notice of said hearing in substantially the form attached hereto as Exhibit A to be given one publication in a newspaper of general circulation in the City at least 10 days but not more than 30 days before the hearing. The newspaper must be one of general interest and readership in the City, and the notice must be published at least once. Councilmember moved for the adoption of the foregoing resolution, and said motion was duly seconded by Councilmember ' and upon a vote being taken thereon after full discussion thereof, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Adopted on November 5, 2012, by the Andover City Council. 50214450 CITY ADMINISTRATOR'S CERTIFICATE I, the undersigned, being the duly qualified and acting Administrator of the City of Andover, Minnesota (the "City "), DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a fall, true and complete transcript of the minutes of a meeting of the City Council of the City, duly called and held on the date therein indicated, insofar as such minutes relate to the calling of a public hearing on a proposed property tax abatement. WITNESS my hand this day of November, 2012. City Administrator Andover, Minnesota 3 5021445vl EXHIBIT A CITY OF ANDOVER NOTICE OF PUBLIC HEARING REGARDING PROPOSED PROPERTY TAX ABATEMENTS FOR THE COMMUNITY CENTER PROJECT NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota, will hold a public hearing at a meeting of the Council beginning at 7:00 p.m., on Tuesday, November 20, 2012, to be held at the Andover City Hall, 1685 Crosstown Boulevard, NW, Andover, Minnesota, on the proposal that the City abate property taxes levied by the City on the property identified as tax parcel numbers: The total amount of the taxes proposed to be abated by the City on the Property for up to a 20 year period is estimated to be not more than $19,000,000. The City Council will consider the property tax abatement for the acquisition of the community center from the Economic Development Authority of the City of Andover. The City proposes to issue Taxable General Obligation Tax Abatement Bonds in an amount not to exceed $19,000,000 to finance acquisition of the community center from the Economic Development Authority of the City of Andover. All interested persons may appear at the November 20, 2012 public hearing and present their views orally or in writing. A -1 5o2iaa5vl C I T Y O F ,ND OVE 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 Approve LMCIT Liability Coverage November 7, 2012 INTRODUCTION The League of Minnesota Cities Insurance Trust (LMCIT) requests that participating cities annually decide whether or not to waive the statutory tort liability limits established by Minnesota Statutes 466.04. DISCUSSION Attached is the "LMCIT Liability Coverage — Waiver Form" provided by the LMCIT, which provides a description of the options available to the City of Andover. Currently the City of Andover DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Finance is recommending continuing with past practice. BUDGETIMPACT No budget impact if the City does not waive limits. ACTION REQUESTED The Andover City Council is requested to not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. Respectfully submitted, Jim Dickinson Attachment SECTION I: LIABILITY COVERAGE WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000. on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000., regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. accepts liability coverage limits of $ from the League of Minnesota Cities Insurance Trust (LMCIT). Check one: ❑ The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. ❑ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed form to LMCIT, 145 University Ave. W., St Paul, MN. 55103 -2044 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: Public Hearing for 2012 Delinquent Service Charges DATE: November 7, 2012 io. INTRODUCTION City Code Title 10 Chapter 3, 10 -3 -3D; City Code Title 10 Chapter 1, 10 -1 -9F; and City Code Title 8 Chapter 5, 8- 5 -3D provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service charges, false alarm fines, tree removal, mowing fees and miscellaneous abatement fees. The assessment procedures directed by state statute 429 is being followed by holding a public hearing to act upon the proposed assessment. DISCUSSION The total delinquent service charges were $62,462.00 as of October 2, 2012 when written notification to the property owners and preparation of the preliminary assessment worksheets began. Payments received prior to October 19th have been applied to the delinquent accounts, reducing the delinquent balance to $54,696.24. Delinquent balances as of October 19, 2012 are charged an administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for collection with the 2013 taxes. Therefore, the total assessment for delinquent sewer, water, storm sewer, street lighting services, false alarm fines, tree removal, mowing fees and miscellaneous abatement fees is $67,276.38. BUDGET IMPACT This request will assist in reducing outstanding receivables for the City. ACTION REQUESTED The Andover City Council is requested to approve the attached resolution adopting the assessment roll after Council has heard and passed upon all objections for delinquent sewer, water, storm sewer, street lighting charges, false alarm fines, tree removal, mowing fees and miscellaneous abatement fees. Respectfully submitted, -,ex�� Lee Brezinka Attachments: 2012 Delinquent Utility List Resolution Adopting Assessment Roll for Delinquent Service Charges CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER, STORM SEWER, STREET LIGHTING CHARGES, FALSE ALARM FINES, TREE REMOVAL, MOWING FEES AND /OR MISCELLANEOUS ABATEMENT FEES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water, storm sewer, street lighting charges, false alarm fines, tree removal, mowing fees and/or miscellaneous abatement fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 2013 and shall bear interest at the rate of 8 percent per year. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole amount of the assessment on such property with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid by November 9, 2012. Adopted by the City Council of the City of Andover on this 7th day of November, 2012. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor CITY OF ANDOVER 2012 Delinquent Utility List Pending Amount to be Certified Address Status Amount (including 23 %) 1041159TH LN NW Inactive 247.18 304.03 1048152ND LN NW Active 124.10 152.64 1052159TH LN NW Inactive 48.88 60.12 1123142ND LN NW Active 52.16 64.16 1123152ND LN NW Active 25.56 31.44 1126138th AVE NW Misc Srvcs 39.11 48.11 1160155TH AVE NW Inactive 502.95 618.63 1223 162ND AVE NW Inactive 45.92 56.48 1234152ND LN NW Inactive 16.08 19.78 1297156TH LN NW Inactive 94.75 116.54 1309 140TH LN NW Inactive 70.34 86.52 1318141ST LN NW Inactive 35.69 43.90 13326 TU LI P ST NW Active 749.10 921.39 13327 GLADIOLA St NW Misc Srvcs 173.25 213.10 13377 UPLANDER ST NW Active 364.09 447.83 13384 SWALLOW ST NW Inactive 131.18 161.35 13423 CROOKED LAKE BLVD NW Inactive 64.09 78.83 13432 HANSON BLVD NW Active 425.12 522.90 13482 MARTIN ST NW Inactive 85.51 105.18 13487 SWALLOW ST NW Active 273.09 335.90 13498 HUMMINGBIRD ST NW Inactive 297.11 365.45 13523 PARTRIDGE CIR NW Inactive 289.10 355.59 13577 XAVIS ST NW Inactive 461.70 567.89 13600 HEATHER ST NW Inactive 141.29 173.79 13601 ORCHID STNW Inactive 58.14 71.51 13624 PARTRIDGE CIR NW Inactive 35.43 43.58 13634 PARTRIDGE CIR NW Inactive 198.42 244.06 13644 PARTRIDGE CIR NW Active 298.66 367.35 13657 YUKON ST NW Inactive 126.49 155.58 13662 YUKON ST NW Active 446.28 548.92 13737 UNDERCLIFT StNW Misc Srvcs 198.76 244.47 13748 ROUND LAKE BLVD NW Inactive 227.12 279.36 13784 CROSSTOWN DR NW Inactive 135.47 166.63 13797 JAY ST NW Misc Srvcs 139.48 171.56 13856 WOODBINE ST NW Active 554.63 682.19 13963 BLUEBIRD ST NW Inactive 278.46 342.51 13964 AZTEC ST NW Inactive 147.44 181.35 13967 TU LIP ST NW Inactive 3.32 4.08 13967 TU LIP ST NW Inactive 365.99 450.17 13968 ALDER ST NW Inactive 184.12 226.47 1397153RD LN NW Active 62.23 76.54 13970 YUCCA ST NW Active 330.23 406.18 13974 CROSSTOWN BLVD NW Active 586.32 721.17 13974 OLIVE ST NW Inactive 343.72 422.78 14002 PARTRIDGE ST NW Inactive 4.89 6.01 14002 PARTRIDGE ST NW Inactive 78.44 96.48 14006 PALM ST NW Inactive 86.05 105.84 14014 AZTEC ST NW Inactive 353.38 434.66 14018 CROSSTOWN BLVD NW Inactive 44.97 55.31 14021 HOLLY ST NW Active 697.09 857.42 14028 AZTEC ST NW Active 497.64 612.10 14031 CRANE ST NW Inactive 24.94 30.68 1407 141ST LN NW Inactive 12.24 15.06 14149 ORCHID ST NW Active 932.26 1,146.68 14210 CROSSTOWN BLVD NW Inactive 191.95 236.10 14210 CROSSTOWN BLVD NW Inactive 51.74 63.64 14258 RAVEN ST NW Active 49.10 60.39 14263 TAMARACK ST NW Misc Siva 129.58 159.38 14263 TAMARACK ST NW Active 509.02 626.09 14267 ROUND LAKE BLVD NW Inactive 374.82 461.03 14267 ROUND LAKE BLVD NW Misc Swcs 71.27 87.66 14268 UNDERCLIFT ST Active 63.86 78.55 14274 FLAMINGO ST NW Inactive 350.52 431.14 14296 FLAMINGO ST NW Inactive 269.21 331.13 14302 ZILLA ST NW Active 328.37 403.90 14307 RAVEN ST NW Active 125.42 154.27 14316 TAMARACK ST NW Active 274.62 337.78 14321 ZILLA ST NW Inactive 67.57 83.11 14328 UNDERCLIFT ST NW Inactive 209.74 257.98 CITY OF ANDOVER 2012 Delinquent Utility List Pending Amount to be Certified Address Status Amount (including 23%) 14328 UNDERCLIFT ST NW MiscSrvcs 84.74 104.23 14329 VINTAGE ST NW Active 284.37 349.78 14338 WOODBINE ST NW Active 21.62 26.59 14339 BLUEBIRD ST NW Inactive 264.08 324.82 14351 CROSSTOWN BLVD NW Inactive 64.01 78.73 14358 UNDERCLIFT ST NW Inactive 124.07 152.61 14382 WINTERGREEN ST NW Inactive 141.30 173.80 14411 ROUND LAKE BLVD NW, DUP UPPER Active 10.70 13.16 14429 OSAGE ST NW Inactive 343.74 422.80 14436 JONQUIL ST NW Inactive 96.05 118.14 14436 JONQUIL ST NW Inactive 132.13 162.52 14439 HUMMINGBIRD CT NW Inactive 301.50 370.85 14449 HUMMINGBIRD CT NW Inactive 27.56 33.90 14547 7TH AVE NW Inactive 19.00 23.37 14555 ROUND LAKE BLVD Inactive 625.78 769.71 1457160TH AVE NW Active 17.10 21.03 1481144TH AVE NW Inactive 224.68 276.36 14861 PRAIRIE RD NW Inactive 24.03 29.56 14964 ROUND LAKE BLVD NW Inactive 12.18 14.98 15024 EAGLE ST NW Inactive 14.64 18.01 15040 PARTRIDGE ST NW Active 263.20 323.74 1511 154TH AVE NW Active 706.45 868.93 1514148TH AVE NW Inactive 348.86 429.10 15257 RAVEN ST NW Inactive 259.98 319.78 15282 AVOCET ST NW Inactive 396.05 487.14 15290 WINTERGREEN ST NW Active 36.80 45.26 15292 WINTERGREEN ST NW Active 36.80 45.26 15294 WINTERGREEN ST NW Active 36.80 45.26 15296 WINTERGREEN ST NW Active 36.80 45.26 15298 WINTERGREEN ST NW Active 36.80 45.26 1531 155TH AVE NW Active 594.02 730.64 15346 WINTERGREEN ST NW Active 36.80 45.26 15354 WINTERGREEN ST NW Active 36.80 45.26 15378 WINTERGREEN ST NW Active 36.80 45.26 15406 UNITY ST NW Inactive 14.37 17.68 15466 MARTIN ST NW Active 151.58 186.44 15513 YELLOWPINE ST NW Active 583.33 717.50 15535 FOX ST NW Inactive 12.72 15.65 15538 VALE ST NW Inactive 108.90 133.95 15544 EAGLE ST NW Inactive 520.33 640.01 15551 VALE ST NW Inactive 135.27 166.38 15640 AVOCET ST NW Active 729.57 897.37 1573 154TH AVE NW, * HSE Active 5,061.74 6,225.94 1574154TH AVE NW, STE 100HSE Active 5,084.95 6,254.49 15762 CROSSTOWN BLVD NW Inactive 26.15 32.16 1577140TH LN NW Active 36.56 44.97 15810 MAKAH ST NW Inactive 10.90 13.41 15825 7TH AVE NW Active 69.90 85.98 15921 FOX ST NW Inactive 14.01 17.23 15921 FOX ST NW Inactive 15.77 19.40 15930 VALE ST NW Inactive 78.35 96.37 15939 SYCAMORE ST NW Inactive 18.74 23.05 15944 SYCAMORE ST NW Active 36.86 45.34 15946 VINTAGE ST NW Active 18.89 23.23 15949 SYCAMORE ST NW Active 36.80 45.26 15959 YELLOWPINE ST NW Inactive 256.83 315.90 15965 VALE ST NW Active 105.48 129.74 15975 DRAKE ST NW Inactive 213.10 262.11 15975 DRAKE ST NW Inactive 97.46 119.88 16006 QUINCE ST NW Inactive 81.80 100.61 16064 YELLOWPINE ST NW Active 117.55 144.59 1665147TH AVE NW Inactive 45.99 56.57 16668 SYCAMORE ST NW Inactive 15.82 19.46 17151 TU LIP ST NW Inactive 29.85 36.72 17308 ROANOKE ST NW Inactive 11.46 14.10 17362 XENIA ST NW Inactive 27.56 33.90 17724 XENIA ST NW Active 28.40 34.93 17735 XENIA ST NW Active 28.40 34.93 17740 XENIA ST NW Active 28.40 34.93 CITY OF ANDOVER 2012 Delinquent Utility List Pending Amount to be Certified Address Status Amount (including 23 %) 1849155TH AVE NW Inactive 406.78 500.34 1851 BUNKER LAKE BLVD NW Active 3,384.48 4,162.91 1879 135TH AVE NW Inactive 76.20 93.73 1926 155TH AVE NW Inactive 67.78 83.37 1926155TH AVE NW Inactive 261.53 321.68 2080142ND AVE NW Inactive 66.37 81.64 2091134TH AVE NW Inactive 644.60 792.86 2111140TH LN NW Active 421.76 518.76 2121135TH LN NW Active 93.15 114.57 2121140TH LN NW Inactive 379.70 467.03 2131141ST AVE NW Inactive 230.65 283.70 2136137TH LN NW Inactive 280.77 345.35 2141140TH LN NW Active 602.03 740.50 2151140TH LN NW Active 150.79 185.47 21521415TAVE NW Inactive 46.55 57.26 2215 140TH LN NW Active 45.88 56.43 2220137TH LN NW Inactive 471.04 579.38 2260151ST AVE NW Inactive 49.90 61.38 2307133RD LN NW Inactive 373.02 458.81 2310139TH AVE NW Inactive 101.23 124.51 2310139TH AVE NW Active 226.54 278.64 2320 S COON CREEK DR NW Inactive 137.17 168.72 23565 COON CREEK DR NW Inactive 95.06 116.92 2360170TH LN NW Inactive 15.85 19.50 2390 VETERANS MEMORIAL BLVD NW Inactive 223.79 275.26 2390 VETERANS MEMORIAL BLVD NW Inactive 52.53 64.61 2422136TH LN NW Inactive 55.37 68.11 2439 138TH AVE NW Active 574.23 706.30 2448154TH AVE NW Inactive 116.58 143.39 2451138TH AVE NW Active 568.45 699.19 2515 138TH AVE NW Active 556.39 684.36 2526138TH AVE NW, * HSE Active 1,053.77 1,296.14 2557140TH LN NW Inactive 82.24 101.16 2560140TH AVE NW Inactive 78.29 96.30 2605 138TH AVE NW, * HOUSE Inactive 307.09 377.72 2619 138TH AVE NW Active 442.85 544.71 2664 140TH AVE NW Inactive 67.07 82.50 2904 142ND LN NW Inactive 89.28 109.81 2904142ND LN NW Inactive 55.92 68.78 2904142ND LN NW Inactive 181.32 223.02 3200 S COON CREEK DR NW Active 116.32 143.07 329146TH LN NW Active 32.24 39.66 3318167TH LN NW Inactive 27.68 34.05 3365 138TH LN NW Inactive 23.32 28.68 3378156TH AVE NW Active 60.00 73.80 3407138TH LN NW Active 410.77 505.25 3415173RD LN NW Active 32.24 39.66 3432135TH LN NW Inactive 27.58 33.92 3446138TH CT NW Inactive 105.38 129.62 3447 S COON CREEK DR NW Active 143.89 176.98 3458142ND AVE NW Active 310.53 381.95 3523 133RD LN NW Inactive 426.78 524.94 3523133RD LN NW Inactive 60.74 74.71 3531140TH LN NW Inactive 12.84 15.79 3559144TH AVE NW Active 293.01 360.40 358139TH LN NW Inactive 230.04 282.95 3614141ST LN NW Inactive 52.20 64.21 3619143RD AVE NW Inactive 153.86 189.25 3619143RD AVE NW MiscSrvcs 80.05 98.46 3665177TH AVE NW Active 28.40 34.93 3703177TH AVE NW Active 28.40 34.93 3722140TH AVE NW Active 380.28 467.74 3810143 RD AVE NW Inactive 151.15 185.91 3837 139TH LN NW Inactive 136.00 167.28 3846143RD AVE NW Inactive 121.64 149.62 3896145TH AVE NW Inactive 138.02 169.76 3927 ENCHANTED DR NW Active 15.52 19.09 4122145TH LN NW Active 492.74 606.07 4134153RD AVE NW Inactive 18.77 23.09 CITY OF ANDOVER 2012 Delinquent Utility List Pending Amount to be Certified Address Status Amount (including23 %) 4148146TH AVE NW Inactive 285.09 350.66 4157 145TH AVE NW Inactive 460.21 566.06 4160146TH AVE NW Inactive 119.12 146.52 4300152ND AVE NW Misc Srvcs 81.50 100.25 4426149TH LANE NW Misc Srvcs 109.78 135.03 480146TH LN NW Inactive 12.69 15.61 5221169TH LN NW Active 40.65 50.00 744140TH LN NW Inactive 136.87 168.35 744140TH LN NW Inactive 376.34 462.90 752 140TH LN NW Active 755.03 928.69 904140TH LN NW Inactive 22.66 27.87 924 160TH LN NW Active 36.92 45.41 981140TH LN NW Inactive 188.21 231.50 54,696.24 67,276.38 ^ 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 rks /City Engineer SUBJECT: Hold Public Hearing/Adopt Assessment Roll/12 -2a (Ivywood Estates) /2012 Street Reconstruction — Engineering DATE: November 7, 2012 INTRODUCTION The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 12 -2a (Ivywood Estates) /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. I Rate Per Unit 12 -2a $277,422.36 1 $53,509.18 1 $223,913.18 $5,160.00 1 $3,822.08 The Assessment Roll is on file in the City Clerk's office for review. Attached are the following: • Resolution adopting the assessment roll • Example notice and letter sent to property owners • Location map • Assessment worksheet • Example assessment roll BUDGET IMPACT Seventy -five percent (75 %) of the total project costs for the street reconstruction project is funded from the City's Road & Bridge Fund and the remaining 25% of the total project costs is being 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. Mayor and Council Members November 7, 2012 Page 2 of 2 ACTION REQUIRED The City Council is requested to hold the public hearing and approve the resolution adopting the assessment roll for Project 12 -2a (Ivywood Estates) /2012 Street Reconstruction. Respectfully submitted, David D. Berkowitz Attachments: Resolution, Letter & Notices Sent to Property Owners, Location Map, Assessment Worksheet'& Example Assessment Roll � CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 12 -2a, IVYWOOD ESTATES /2012 STREET RECONSTRUCTION, WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment 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 first Monday in January, 2013 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 7th day of November 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 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PUBLIC HEARING FOR PROJECT NO. 12 -2a NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Wednesday, November 7, 2012 at 7:00 PM to pass upon the proposed assessment for street reconstruction in the following described areas: 2012 Street Reconstruction Ivywood Estates The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $3,822.08 per lot. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of ,the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL 1-lhoml-altc,Q& qn-� Michelle Hartner— Deputy City Clerk Publication Date: October 12, 2012 (Anoka Union) C��TT T 6 Y W-- -q-6 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV October 9, 2012 Re: Street Reconstruction — Ivywood Estates (City Project 12 -2a) Dear Property Owner: Please find enclosed the public hearing notice for the proposed assessment for your street reconstruction. The public hearing is scheduled for Wednesday, November 7, 2012 at 7:00 p.m. at the Andover City Hall. The estimated assessment per lot was $5.160.00 and the actual assessment amount will be $3,822.08 per lot. Once the public hearing is held and the assessments are approved by the City Council a subsequent letter will be mailed explaining the payment process. If you have any questions, feel free to contact me at (763) 767 -5133 or Jason Law at (763) 767 -5130. Sincerely, David D. Berkowitz, P.E. Director of Public Works /City Engineer ISM Encl. 193224330003 193224340014 193224340017 Justin P. Jones Steven & Laurie Rykkel Lee & Verna Hennen Truste 14912 Makah St. NW 4508 — 149th Ave. NW Andover, MN 55304 Andover, MN 55304 Main 617 E Main St. Anoka, 55303 193224340016 193224340005 193224340015 Philip & Deanna Levenhagen Gary & Susan Springer Robert Jr & Rosemarie Donlin 4428 —149th Ave. NW 4427— 1491h Ln. NW 4472-1491h Ave. NW Andover, MN 55304 Andover, MN 55304 Andover, MN 55304 193224340006 193224330002 193224340008 Jay & Mary Jane Hayford John & Patricia Egart John & Kathleen Berglund 4467 —149th Ln. NW 14930 Makah St. NW 14948 Makah St. NW Andover, MN 55304 Andover, MN 55304 Andover, MN 55304 1193224340009 193224340010 193224340011 Stacy AI- Awamie Thomas & Janis Redmann James Magnuson 904 W. River Rd. 4462 —149th Ln. NW 14925 Makah St. NW Champlin, MN 55316 Andover, MN 55304 Andover, MN 55304 193224340013 193224340012 Timothy & Janelle Merritt Jeffrey & Nadine Nelson 4425 —149th Ave. NW 4463— 1491h Ave. NW Andover, MN 55304 Andover, MN 553094 12 -2a ANL66W^ Capital Improvement Plan Projec t Name; ANNUAL STREET RECONSTRUCTION (2012) IVYWOOD ESTATES V D M IVYWOOD ESTATES 1.49TFi_LN INDIA 149TH.. VE M 148TH .LN River Trails h Park Z- Q w no on .nhP rk \74181 TH.AVE 0� Q: O� 0 U EPO�gJ �. Location Map L E G E N D N Project Location W E Lots /Parcels s Park Water 0 225 450 900 Right of Way RIM Feet City Limits FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: 2012 Street Reconstruction Project No.: 12 -02A Aerial Mapping (1 % of street) Ivywood Estates Drainage Plan (0.3% of street/storm) $516.50 Feasibility Report Date: 12/20/11 Amount: $ 223,160.00 Contract Award Date: 4/17/12 Amount: $ 176,584.46 Actual Construction Cost $184.50 Amount: $ 172,165.96 Actual Expenses Engineering (Includes Surveying, Inspection & Staking): $37,377.43 Consulting Costs $0.00 Aerial Mapping (1 % 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 ruction Costs ;sable Construction Costs (25 %) ct Expenses Assessable Costs Actual Assessment Rate Per Unit Feasibility Assessment Rate Per Unit otal Assessments otal City Costs $172,165.96 $43,041.49 $10,467.69 $53,509.18 $53,509.18 / 14 Units= $72,170.00 / 14 Units= $53,509.18 $223,913.18 $3,822.08 $5,160.00 Final Assessment Worksheet Exhibit 5 0 j c on E z d 0 ¢ ~ u U d 6 N N N N d G O U F- U w ¢ rc o a O N m `O O M H W Z w '00 d O .o m ¢ o O C9 O r O v � W d � C d e d d > mma ma C d � a¢ E z W N O O N M J N m O ¢ 0 Cl W 0 o v .n w N W O N y N < O N W W M � O N O C1 N p p Q 0 N f9 H Cl! h O M m M 0 N W � O m O N n m O � � N •- N M W O O I� N pl W W m W N r m� O N M r e9 v m o 6m N N M r W 1� W M m M M V M r O O O N f9 N O m O M � V O N M N d N d a` t« ~ m N N W a W W N V °m cq r N r W W lV M n w O N N e m N W M W R W N O M O N M m d m m n U C a Ia 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: Hold Public Hearing/Adopt Assessment Roll/12 -2b (Johnson's Oakmount Terrace) & 12 -2c (147th Avenue NW )/2012 Street Reconstruction — Engineering DATE: November 7, 2012 INTRODUCTION The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Projects 12 -2b (Johnson's Oakmount Terrace) & 12 -2c (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 this project. Project # Total Project Costs Assessable Costs (25 %) City Costs (75 %) Feas. Assess. Rate Per Unit Actual Assess. Rate Per Unit 12 -2b & 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 147th Avenue NW) are being funded 100% by the City. The Assessment Roll is on file in the City Clerk's office for review. One property qualified for a deferred assessment based on the retired disabled special assessment requirements. The assessment roll for that property has been shown to reflect the deferral. Attached are the following: • Resolution adopting the assessment roll • Example notice and letter sent to property owners • Location map • Assessment worksheets • Example assessment roll Mayor and Council Members November 7, 2012 Page 2 of 2 BUDGET IMPACT Seventy -five percent (75 %) of the total project costs for the street reconstruction project are funded from the City's Road & Bridge Fund along with Municipal State Aid funds and the remaining 25% of the total project costs are being 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 hold the public hearing and approve the resolution adopting the assessment roll for Projects 12 -2b (Johnson's Oakmount Terrace) & 12 -2c (147th Avenue NW) /2012 Street Reconstruction Respectfully submitted, n David D. Berkowitz Attachments: Resolution, etters & Notices Sent to Property Owners ocation Map, Assessment Worksheet & Example Assessment Roll CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NOS. 12 -2b, JOHNSONS OAKMOUNT TERRACE & 12 -2c, 147TH AVENUE NW/2012 STREET RECONSTRUCTION, WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment 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 first Monday in January, 2013 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 7th day of November 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 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PUBLIC HEARING FOR PROJECT NOS. 12 -2b & 12 -2c NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Wednesday, November 7, 2012 at 7:00 PM to pass upon the proposed assessment for street reconstruction in the following described areas: 2012 Street Reconstruction 12 -2b (Johnson's Oakmount Terrace) & 12 -2c (147' th Avenue Nl q The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is S4,566.79 per lot. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes . Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL Michelle Hartner— Deputy City Clerk Publication Date: October 12, 2012 (Anoka Union) MfN `;. NDOVjE^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV October 9, 2012 Re: Street Reconstruction — City Projects 12 2t'(Jolihson's Oakmount Terrace) & 12- 2c (147th Avenue NW) Dear Property Owner: Please find enclosed the public hearing notice for the proposed assessment for your street reconstruction. The public hearing is scheduled for Wednesday, November 7, 2012 at 7:00 p.m. at the Andover City Hall. The estimated assessment per lot was $6,170.00 and the actual assessment amount will be $4,566.79 per lot. Once the public hearing is held and the assessments are approved by the City Council a subsequent letter will be mailed explaining the payment process. If you have any questions, feel free to contact me at (763) 767 -5133 or Jason Law at (763) 767 -5130. Sincerely, David D. Berkowitz, P. . Director of Public Works /City Engineer DDB:rja Encl. 3032.24130039 303224130016 Lynette Wiggin Reine & Laura Kassulker 14651 Guarani St. NW 4320-147 Ih Ave. NW Andover, MN 55304 Andover, MN 55304 303224130022 303224130043 Gregory & Sally Sullivan John & Kathleen Beck 14616 Hopi St. NW 14513 Guarani St. NW Andover, MN 55304 Andover, MN 55304 303224130032 303224130045 Greg & Cheryl Sauter Alfred & Joyce Eckardt 4310 —146th Ln. NW 4352 —10h Ave. NW Andover, MN 55304 Andover, MN 55304 303224130025 303224130038 Dwight & A Pollard Jamil Skalsky 4322 —145th Ln. NW 14659 Guarani St. NW Andover, MN 55304 Andover, MN 55304 303224130031 303224130019 Julie Lee & Anderson Trustee David & Diane Rekucki 4296 —145th Ln. NW 14654 Gurani St. NW Andover, MN 55304 Andover, MN 55304 303224130020 303224130042 Janelle Pikala -Rude Darrel & Joni Spaeth 4283 — 146" Ln'.-NW 14541 Guarani St. NW Andover, MN 55304 Andover, MN 55304 303224130037 303224130040 Bryan Sherva & EK Danielle Gerald & Theresa Odash 14683 Guarani St. NW 14597 Guarani St. NW Andover, MN 55304 Andover, MN 55304 303224130024 303224130017 Richard & Sandra Schultz Richard & Cynthia Johnson 14588 Hopi St. NW 4292 —147th Ave. NW Andover, MN 55304 Andover, MN 55304 303224130034 Jerry & Sandra Hutchinson 4252 — 146" Ln. NW Andover, MN 55304 303224130033 Philip & Helen Knutson 4282 —146th Ln. NW Andover, MN 55304 303224130035 Joseph Zborowski & CL Funk 14582 Guarani St. NW Andover, MN 55304 303224130036 John & Christine Raymond 4283 —145 Ih Ln. NW Andover, MN 55304 303224130030 Joel & Elizabeth Peterson 14544 Guarani St. NW Andover, MN 55304 303224130021 Laree & Marilyn Schnabel 4311 —146 Ih Ln. NW Andover, MN 55304 303224130018 Patricio & Cheryl Salamanca 4264 —147th Ave. NW Andover, MN 55304 303224130041 Terrence & Maribella Mcdermid 14567 Guarani St. NW Andover, MN 55304 12- 2b/12 -2c ACapital Improvement Plan N66V9A Project Name: ANNUAL STREET RECONSTRUCTION (2012) JOHNSON'S OAKMOUNT TERRACE :AVE I I I L 1.4 o z � 14 .1 / co Q °;lip °+ TH�I�.�� — 1.46TH,AVtC'lE9p v� r O V. E O� Q O OP PcY QF20UND L- ��P � z 2 4-� `' ��_ O • Pt M 145T TN O QI -1k�� --r —r 41 5. . L E G E N D Project Location Lots /Parcels ED Park Water Right of Way City Limits DEHNS-ADD co y 1I44TFi LN Dehn's I I Park J DEHNS 2ND ADD N w F S 0 162.5 325 Feet 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: 12/20111 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 147TH AVENUE AS NO PROPERTYS FRONT NORTH SIDE Construction Costs (Total) $ 440,784.86 Deduction for Extra Depth & Widening 147th Avenue NW $ (24,672.87) Deduction for north 1/2 of 147th Avenue (Street) $ (43,811.64) Deduction for north 1/2 of 147th Avenue (Storm Sewer) $ (13,944.90) Construction Costs (minus deductions) $ 358,355.45 Assessable Construction Costs (25 %) $ 89,588.86 Assessable Indirect Expenses $ 20,014.15 Total Assessable Costs $ 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 O C 0 d z ¢ d LL d 0 ¢ F- N U d a W d d d F- C_ O E z Od M C o > O ¢ d .t. 0 r o a � r c c 0 0 N N O O d U d d d d O N N N n O c r N N N N O O N N N C N N ~ 99 O r r w » Z~ Y N « W 2 U a U d d J U W J f 0 m ¢ d m a da o a d c o � — � c d c a¢ e 0 z m o r n N J N O r ¢ N N r f N OO) N O N 4i di N M � N t0 CO W I� N N � urj O N N O r M N O r n O N N N b3 H N r r O m m m n p V N N r r O W (MO r n N N � O> N N O r O M r N r Q N r O O N N r N N M N r m M r v m w n O M r N N f9 W a � so °n N r O N �9 (9 d N « am C E N N N n O N w N O N °n N O M N W r N O O vi co 0 M N m V C d d m c a 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrat r FROM: David L. Carlberg, Community Development Director D SUBJECT: Amendment to the City Code 12 -12 to allow the "continuous operation" of a business as a permitted use in the Shopping Center, General Business and Industrial Districts and as a conditional use in the Limited Business and Neighborhood Business Districts. DATE: November 7, 2012 REQUEST The City Council is requested to review and consider an amendment to the City Code 12 -12 to allow the "continuous operation" of a business as a permitted use in the Shopping Center (SC), General Business (GB) and Industrial (I) Districts and as a conditional use in the Limited Business (LB) and Neighborhood Business (NB) Districts. BACKGROUND The Planning and Zoning Commission at their October 9, 2012 workshop (minutes attached) reviewed a recent amendment to the City Code defining continuous and non - continuous hours of operation. The definitions are as follows: "Continuous Operation" describes a business that is open to the public for some portion of each hour of the 24 -hours in a day. It also includes a business that is open to the public for more than 5 hours of the overnight period beginning at 11 pm and ending at 7 am. "Non- Continuous Operation" describes a business that closes to the public for at least five hours duration between the hours of 11 pm and 7 am each day of the week. The Commission reviewed the definitions in reference to section 12 -12 the land use table. The Commission found that the definition of non - continuous operation limited retail businesses from expanding their hours during the holiday shopping season. The definition requires a business located in the General Business or Industrial District to close their doors to the public for 5 hours between the hours of 11:00 p.m. to 7:00 a.m. However, in the Neighborhood Business and Shopping Center Districts 24 hour continuous operation is permitted. The majority of the Commission after lengthy discussion agreed that in the SC, GB and I Districts continuous operation should be allowed as a permitted use due to the more intense land uses allowed in these districts. They also agreed that in the LB and NB Districts, which are commonly located closer to residential areas and have more of an impact on adjacent residences, to allow continuous operation only with the granting of a conditional use permit. A public hearing was scheduled for the October 23, 2012 Planning and Zoning Commission meeting to further discussions on an amendment to the City Code as stated above and to take public testimony as required by the City Code. Andover Comprehensive Plan The Commission in accordance with the City Code 12- 4 -4(B) reviewed, as a policy, amendments to this Chapter of the City Code for consistency with the Comprehensive Plan. The following chapters /sections are relevant in evaluating the proposed amendment. Chapter Two of the Comprehensive Plan addresses Land Uses. Chapter Two identifies areas in the community that are appropriate for various land uses. In the case of commercial areas, three primary classifications exist as described below from excerpts taken from the plan and as identified on the attached Future Land Use Map (Figure 2.4) Limited Commercial (LC) land use district is designated for locations in the community that should be limited to primarily office uses due to their location in proximity to residential neighborhoods. This district can be used to transition from residential neighborhoods to more intense commercial uses or transportation corridors. Site design and building architecture are required to complement adjacent residential neighborhoods when so located. A combination of landscaping, berming, physical separation and preservation of natural features is necessary to provide an appropriate transition to residential neighborhoods. Area Requirements 1 -5 acres City Utilities Required within MUSA Corresponding Zoning Districts LB - Limited Business Type of Development Professional office and similar uses; not including Corresponding Zoning Districts retail sales Location Criteria Adjacent to collector or arterial street or within a Location Criteria larger commercial development Development Criteria Design to complement surrounding land uses. Development Criteria Special care for transitions to residential. Neighborhood Commercial (NC) land use district is designated for businesses that provide services and retail goods to meet local neighborhood needs. The trade area and size of these businesses are smaller than those found in General Commercial areas. Site design and architecture is carefully reviewed to create a cohesive center that complements adjacent land uses. Linear design with storefronts and blank walls is prohibited. Special care is taken to provide appropriate transitions to residential neighborhoods with landscaping, berming, physical separation and preservation of natural features. This district requires location along a collector or arterial street and convenient pedestrian access. Neighborhood commercial locations are separated from more intense commercial land uses to avoid pressure to expand intensity beyond a neighborhood scale. Area Requirements 1 -5 acres City Utilities Required within MUSA Corresponding Zoning Districts NB Neighborhood Business Type of Development Retail trade and services serving immediate area Location Criteria Must abut intersection of collector or arterial streets Development Criteria Design to complement surrounding land uses. Limit to development nodes. Strip development prohibited. Special care for transitions to residential. Convenient pedestrian access. General Commercial (GC) is intended to be the focal point of commercial activity in the city on a larger scale than the Neighborhood Commercial District and may serve a trade area that extends beyond the City limits. This district provides a complementary mix of uses, including retail, service, office, entertainment and civic facilities. Site design must provide convenient access for both pedestrian and vehicular traffic. The architecture of structures must complement an overall architectural theme for that district. General Commercial districts that are located adjacent to residential properties must provide extensive berming, landscaping and physical separation to ensure an appropriate transition is created. Area Requirements 5 acres or more City Utilities Required Corresponding Zoning Districts SC Shopping Center GB General Business Type of Development Variety of commercial uses with large market area Location Criteria Must abut intersection of collector or arterial streets Chapter Two of the Comprehensive Plan also addresses Industrial Land Uses as follows: INDUSTRIAL LAND USE DISTRICT Light Industrial (LI) District is intended to provide a location for a variety of work processes such as manufacturing, warehousing, wholesaling and distributing. These uses typically involve intensive use of properties and necessitate separation from residential zoning districts. Where existing Light Industrial Districts are located adjacent to residential neighborhoods, extensive berming, landscaping and screening are necessary to mitigate potential adverse impacts. This district requires convenient access to collector and arterial streets. Area Requirements Must be located within the MUSA City Utilities Design to complement surrounding land uses. Development Criteria Limit to development nodes. Strip development Type of Development prohibited. Special care for transitions to Location Criteria residential. Convenient pedestrian access. Chapter Two of the Comprehensive Plan also addresses Industrial Land Uses as follows: INDUSTRIAL LAND USE DISTRICT Light Industrial (LI) District is intended to provide a location for a variety of work processes such as manufacturing, warehousing, wholesaling and distributing. These uses typically involve intensive use of properties and necessitate separation from residential zoning districts. Where existing Light Industrial Districts are located adjacent to residential neighborhoods, extensive berming, landscaping and screening are necessary to mitigate potential adverse impacts. This district requires convenient access to collector and arterial streets. Area Requirements 5 acres or more City Utilities Required within MUSA Corresponding Zoning Districts I Industrial Type of Development Manufacturing, warehousing, wholesaling, Distributing Location Criteria Must abut collector or arterial streets Must be located within the MUSA' Development Criteria Separation from residential land uses necessary. 1 Except the Hughs/Westview Industrial Park that presently exists outside the MUSA Limited Commercial/Medium Density In review of the above land use classifications, the Commission determined that it was appropriate to establish hours of operation consistent with the intensity of the uses allowed in and the location of the above designated land use districts. The amendment as proposed allows a business or industry located in the most intense commercial and industrial land use districts the flexibility in deciding the appropriate hours of operation based on supportable market conditions. The proposed amendment also addresses the extension of holiday shopping hours including Black Friday which currently are not allowed as a result of the recent adoption of the definitions of continuous and non - continuous operation of a business. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing at their October 23, 2012 meeting and upon receiving public input recommended approval of the attached ordinance amendment on a 4 -2 (1 absent) vote. Attached are draft minutes from the meeting for background information on the request. Attachments Draft Minutes of the October 23, 2012, Planning and Zoning Commission meeting Email received since PC public hearing from Al Parent Minutes of the October 9"' Planning Commission Work Session Letter dated October 8, 2012 from Richard Snyder, Fredrickson & Byron Future Land Use Map (Figure 2.4) Respectfully Submitted, David L. Carlberg CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING THE CITY CODE TO ALLOW FOR THE CONTINUOUS OPERATION OF A BUSINESS AS A CONDITIONAL USE IN THE LB AND NB DISTRICTS AND AS A PERMITTED USE IN THE SC, GB AND I DISTRICTS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 12: PERMITTED, CONDITIONAL AND PROHIBITED USES Use Zoning Districts R- R- R -3 R-4 R- M- M- 1 2 2 3 5 1 2 GR LB NB SC GB I Twenty fiat... (24) 1.....r continuous C P- P P P operation of pennitted es a C business All other Titles, Chapters and Sections of the City Code shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover on this day of , 2012. ATTEST: Michelle Harmer, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor D RAS PLANNING AND ZONING COMMISSION MEETING — OCTOBER 23, 2012 The Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on October 23, 2012, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: APPROVAL OFMINUTES. Chairperson Daninger, Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Kyle Nemeth, and Steve Peterson Commissioner Michael Olsen Community Development Director Dave Carlberg Others October 9, 2012 Work Session: Commissioner Nemeth requested the following corrections: Page 2, paragraph 1: "These businesses would be able to operate 24 -hour continuous if they are listed as a permitted use." Page 3, paragraph 9: "This way if businesses are not grandfathered in they would not be affected." Page 4, Paragraph 4: "Commissioner Olson stated there is a good argument for having continuous operation in a conditional use in the NB Districts. " Page 5, Paragraph 8: "Community Development Director Carlberg recommended the City get a written legal opinion regarding businesses being grandfathered in if they are currently operating continuously and the City changes this to a conditional use." October 9, 2012, Planning and Zoning Commission Meeting: Commissioner Nemeth requested the following correction: Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes — October 23, 2012 Page 2 Page 3, Paragraph 8, replace with: "Commission Olson stated MUSA is required to be hooked up if it's available." Motion by Cleveland, seconded by Nemeth to approve the minutes as corrected. Motion carried on a 5 -ayes, 0 -nays, 1- present (Gudmundson), 1- absent (Olsen) vote. PUBLIC HEARING. Amend City Code 12 -12 — to allow the "continuous operation" of a business as a permitted use in the Shopping Center, General Business and Industrial Districts and as a conditional use in the Limited Business and Neighborhood Business Districts. Community Development Director Carlberg noted the purpose of this item is to hold a public hearing and take input on a code amendment regarding the definition of "continuous operation" along with permitted and conditional uses. Mr. Carlberg reviewed hours of operation, allowed uses, and locations. He explained the proposed amendment would allow a business or industry the flexibility of deciding appropriate hours of operation, including holiday shopping hours. Mr. Carlberg referred to emails he received that will be shared for the public record as well. Commissioner Cleveland said the proposed amendment was to address the extension of holiday hours but is not listed in this amendment. Mr. Carlberg said in the shopping center and industrial districts if continuous operation is permitted a business can operate 24 hours which is different than what is allowed today. He said adopting this amendment would allow Target to conduct a Black Friday sale for example by allowing them to set their own hours of business. Motion by Commissioner Cleveland, seconded by Commissioner Holthus to open the public hearing at 7:12 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Olsen) vote. Kevin Madden, 16476 Bittersweet Court NW, shared his concerns about giving the wrong message to new businesses. He said the amendment seems to be focused on the new Walmart. Mr. Madden referred to crime at Povs versus a new Walmart, adding Andover is a bedroom community and that customers shopping at 2:00 a.m. could be a good thing. He said Tanners and other restaurants are already open until 2:00 a.m. but if new businesses come in and utilize the 3:00 a.m. time Tanners would have to close. Mr. Madden referred to concerns about midnight showings at the movie theater as well. He noted that Walmart would employ many people, adding he understood the Coon Rapids Walmart is changing to a Sam's Club. He recommended businesses be allowed to be open 24 hours. Chairperson Daninger said he understands the concerns with specific businesses but noted the goal refers to continuous operations and is not business specific. Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes — October 23, 2012 Page 3 Steve Ferrell, 14934 Bluebird Street NW, said it is the government's responsibility to get out of the way of business and allow for growth for jobs. He said the City should focus on employing 400 people which Walmart will provide instead of worrying about being open for three to four hours. Mr. Ferrell said the City should give a general guideline for businesses but then stay out of the way, especially in this economy. Hugh Ward, 13350 Nightingale Street NW, said the City's vision statement has a lot to do with this topic. He read the statement, emphasizing quiet neighborhoods. He stated he lives a half -mile from the general business district and that while he has no problems with Walmart specifically, a 24 -hour operation would also be 365 days per year and that they should work within the limited hours outlined within the code. Mr. Ward said other Walmart supercenters such as Woodbury and Eden Prairie don't have 24 -hour operations, adding Andover doesn't need a 24 -hour restaurant. He said they chose Andover for the quiet neighborhoods, great schools, and leadership, and that he wants to maintain the sense of community. He stated there would be concerns as well with regard to adult businesses. Mr. Ward said he understands the demands on a 24 -hour store with traffic and activity and while shopping would be minimal overnight trucks are replenishing inventory seven days a week. He added Black Friday events shouldn't be all night either as they result in more fights within the stores. Chairperson Daninger asked staff to address the concerns regarding adult businesses and truck traffic. Mr. Carlberg explained the proposed definition address being open to the public and wouldn't prevent deliveries in any case. He stated that adult uses are regulated under a separate section of the code and this amendment would have no effect on adult uses as they are very highly regulated already. Andy Anderson, 13350 Jonquil Street NW, said that if a store is even open to the public people will still be working there whether residents like it or not. He said he owns an auto repair business and said we shouldn't limit businesses by limiting store hours. Mr. Anderson said if we start to close businesses we are moving backwards, adding businesses should be open as much as they can to be able to pay taxes and employ people. He said we have enough difficulty getting businesses into Andover without closing stores and encouraging them to locate in other cities. Nathan Munsterman, 1207 140th Lane NW, said with the current definition the theater could be open until 2:00 a.m. for their midnight showings. He asked for a clarification on the continuous and non - continuous definitions. Mr. Carlberg said continuous operations refer to being open to the public for some portion of each hour of the day or for more than 5 hours from 11:00 p.m. to 7:00 a.m.; non - continuous operation closes to the public for at least 5 hours from 11:00 p.m. to 7:00 a.m. each day of the week. John Stoan, 2333 155th Lane NW, said he agreed with the proposed amendment and that the City should not tell businesses when they can and cannot be open. He said businesses Regular Andover Planning and Zoning Commission Meeting Minutes — October 23, 2012 DRAT Page 4 in the neighborhood area could be open 24 hours now and asked if the City is considering 24 hours more for the commercial area with those businesses being closer to the neighborhoods through a special use permit. He said we all like our quiet neighborhoods but we designed commercial areas for heavier use. Mr. Stoan said he doesn't see anything wrong in this proposal as it encourages more businesses to come, adding since Andover is not on a major thoroughfare we need to be as flexible as possible to help alleviate taxes. Josephine Larson, 13527 Heather Street NW, shared her concerns about stores being open to the public 24 hours as it could allow students to purchase toilet paper for papering houses. Richard Carrol, 3384 South Coon Creek Drive, said he supports the 24 -hour continuous use to bring businesses to the City. Valerie Fetters, 3544 166th Lane NW, said she believes the Planning Commission and City Council have done a great job taking care of the residents but that this has gotten out of control all because of Walmart. She said what's happened at Povs after hours was bad and supports the 24 -hour continuous use. Ken Madden, 16476 Bittersweet Court NW, asked if additional comments can be shared via email after the public hearing closes. Chairperson Daninger stated that while they will be closing the public hearing and making a recommendation soon to bring forward to the City Council he encouraged any resident to call or email staff during this time. Mr. Carlberg stated residents could email him directly and their comments will be shared with the City Council. Mr. Carlberg read into the record an email from Sandy Wessley, 2318 155th Lane NW, who supported being open 24 hours as it is more business friendly. He also read into the record an email from Daniel Pettit, 12545 Swallow Street NW, stating the proposed amendment makes Andover more business friendly and that there aren't restrictions in other cities so Andover shouldn't tell businesses when they should be open. Motion by Commissioner Cleveland, seconded by Commissioner Gudmundson, to close the public hearing at 7:40 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Olsen) vote. Commissioner Nemeth inquired about the grandparent clause and if businesses are already 24 -hour operation in the Neighborhood Business District would they have to apply for conditional use permit (CUP). Mr. Carlberg said he had followed up with the City Attorney and said for example Anytime Fitness would be a legal non - conforming use but if they make a change in use or close for one year they would then have to conform. They could also have the ability to apply for and be granted a CUP to comply. Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes — October 23, 2012 Page 5 Chairperson Daninger stated he is comfortable with proposed amendment. When at the work sessions the Commission tried to come up with ideas, had lots of input and wanted to make it right for neighborhoods. He felt this was a good change and would support the amendment. Commissioner Holthus stated that in the work session she preferred the continuous hours of operation be permitted but require a CUP. She said this would be fair as it would identify criteria for conditions for continuous operation, similar to a variance request. She outlined some potential criteria including traffic, noise, and safety. Chairperson Daninger confirmed that she would prefer a CUP requirement across the board. Commissioner Holthus said that was correct. Commissioner Peterson agreed with Commissioner Holthus stating this seems to be an issue in the community. He said he was more for allowing 24 -hour operation but the emails and other input in the past was different. Commissioner Peterson said a CUP in all business districts doesn't restrict 24 -hour operation but allows for another layer of review for new Planning Commissions and new businesses coming to the City. Chairperson Daninger clarified that Commissioner Peterson would prefer a CUP requirement for all businesses. Commissioner Peterson said that was correct. Commissioner Gudmundson said she was not in favor of a CUP in warranted districts and was comfortable with the proposed amendment. Commissioner Cleveland said if we make this a conditional use in much less restrictive zoning areas we would be back to the beginning. He said we can always find a reason not to have something exist where we don't want it and depending on the current Council, some uses will be permitted and some won't based on their feelings and political bent. Commissioner Cleveland said if there are permitted uses then those issues go away and you let the business thrive or fail on its own and not because of the hours. He said he supported the proposed amendment. Commissioner Nemeth said he agreed with the proposed amendment to permit continuous operation in districts already zoned commercial and to allow businesses to operate 24 hours if they choose. He used the examples of CVS and County Market, stating that while Walmart may decide the same thing we will still give the businesses the opportunity to do what is good for their business. Commissioner Nemeth said government needs to get out of the way and that he doesn't want to be prohibitive but do the right thing within regulation. He stated he was comfortable with the proposed amendment. Chairperson Daninger summarized that four Commissioners were comfortable with the proposed amendment and two would prefer a CUP requirement. Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes — October 23, 2012 Page 6 Motion by Cleveland, seconded by Nemeth, to recommend to the City Council approval of an Ordinance Amending City Code to Allow for the Continuous Operation of a Business as a Conditional Use in the LB and NB Districts and as a Permitted Use in the SC, GB, and I Districts. Motion carried on a 4 -ayes, 2 -nays (Peterson and Holthus), 1- absent (Olsen) vote. Mr. Carlberg stated that this item would be before the Council at the November 7, 2012, City Council meeting. Chairperson Daninger summarized the process for this item and encouraged any further input could be forwarded to City staff. OTHER BUSINESS. Mr. Carlberg updated the Planning Commission on related items. Mr. Carlberg noted a work session will be scheduled at 6:00 p.m. on November 13 prior to the regular meeting at 7:00 p.m. He said if the two potential applications for the regular meeting are determined to be incomplete then staff suggests extending the work session until 8:00 p.m. to continue the review of the land use table. ADJOURNMENT. Motion by Cleveland, seconded by Gudmundson, to adjourn the meeting at 7:53 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- absent (Olsen) vote. Respectfully Submitted, Cathy Sorensen, Recording Secretary TimeSaver Off Site Secretarial, Inc. %qla- WAS awA Mayor Gamache, This e -mail is to express my full support for the amendment passed on October 23, 2012 by the P & Z Commission. With today's economy Andover cannot afford to take any chances of passing negative government regulations forcing any business not to settle in Andover. We need jobs. Thanks Al Al Parent Parent Professional Properties 3919 Coon Rapids Blvd Coon Rapids MN 55433 PLANNING AND ZONING COMMISSION WORKSHOP MEETING — OCTOBER 9, 2012 The Workshop Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on October 9, 2012, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Valerie Holthus, Kyle Nemeth, Michael Olsen and Steve Peterson Commissioners absent: Lynae Gudmundson Also present: Community Development Director Carlberg City Planner Stephanie Hanson Others DISCUSS CITY CODE 12 -12 PERMITTED, CONDITIONAL AND PROHIBITED USES Community Development Director Carlberg stated the Council established definitions for continuous and non - continuous hours of operation for City Code 12 -12. Footnote #10 was also added to the use table the Planning Commission has been reviewing. At this time the Planning Commission will need to review the impact of these definitions on the City's land use chart and the zoning districts in the City. The Planning Commission is asked to discuss the impacts on those businesses in the General Business District that would like to participate in Black Friday and provide holiday shopping hours. The new definitions will no longer permit these businesses to be open extended holiday hours. Those businesses that are located in the Neighborhood Business (NB) and Shopping Center (SC) Districts are permitted to be open 24 -hours continuous. He provided the Planning Commission with a letter from Fredrikson and Byron, P.A., representing Wal- Mart Stores, requesting the City to change the General Business (GB) District to be designated as 24 -hour operations permitted. He stated he had notified Target the change would not allow them to operate from midnight to 10:00 p.m. for Black Friday unless there are changes to the permitted use or another form of exemption can be arranged before that date. Chair Daninger stated the definitions have been determined and it is the Planning Commissions job at this time to look at the districts and the land use chart and determine what is best for the future of the City. Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2012 Page 2 Commissioner Holthus suggested changing all the listed uses in the GB District to a Conditional Use. Each business would then be evaluated and this would accomplish the goal of limiting the hours of businesses. Chair Daninger asked what the negative effects would be for this action. Community Development Director Carlberg stated there would need to be set criteria for evaluating hours of operation of a business under the conditional use permit and this could pose a problem of not being equal to every business. Commissioner Holthus stated the same criteria used for evaluating a variance should be used. The same three things are evaluated with each variance application and these need to be met in order for the City to approve a variance. Commissioner Olson stated there are some businesses that should be designated as permitted. If a hotel were interested in coming to Andover they may consider going somewhere else because they do not want to have to go through a CUP process. This type of business would want to know that it would be permitted prior to investing the money. He suggested identifying those business types that could be 24 -hour and setting those as permitted uses in the GB District. He also asked what other areas of the City are impacted by the new definition change. Community Development Director Carlberg clarified that previously it had been designated that businesses could not be open 24 -hour continuous but the new definition of non - continuous operation is more restrictive in the hours a business would be allowed to operate. Commissioner Holthus stated hotels should be considered a permitted use in the GB District and this could be identified specifically. Commissioner Olson stated there are other industry specific groupings that could be added to the permitted use in the GB District but they would need to be identified individually. Chair Daninger stated the City does not have the luxury of time with the holiday season approaching. The problem with identifying specific industry groupings would be there are new business models every year and the chart would need to be updated frequently in order to accommodate these groups. Commissioner Olson stated the definition eliminates all of those businesses that are not open to the public. These businesses would be able to operate 24 -hour continuous if they are listed as a permitted use. The GB District should not be more restrictive than the NB and SC Districts. The GB District is designated as a business area and surrounding communities are not as restrictive as Andover. He stated he would be in favor of adding Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2012 Page 3 restrictions to the NB and SC Districts. He suggested setting retail and other high traffic businesses as a conditional use and leave the other uses as permitted in the GB District. Commissioner Holthus asked if the uses were changed to conditional at this time if they could be revised in the future and add notations or changes for businesses. Chair Daninger stated any changes to the land use chart would require a public hearing. Commissioner Olson stated the criteria currently used for conditional use permits are a license for arbitrary capricious actions. If the uses are changed to conditional then criteria should be reviewed and established. Community Development Director Carlberg stated if retail businesses are changed to conditional use they would not have time to make an application for holiday hours for the 2012 holiday shopping season. He explained the current situations with the hours of operation for the holiday season are a direct result of adopting definitions before the impacts could be reviewed. Commissioner Peterson asked if the businesses that currently exist would be grandparented in if the land use chart were changed for these districts. Community Development Director Carlberg stated the Commission should not assume that a business would be grandparented in but he would run this by the City Attorney. Commissioner Olson asked what options would be available for the current holiday shopping season. Chair Daninger suggested continuous operation could be a permitted use in the SC and GB and Industrial (I) Districts and a conditional use in the NB and SC Districts. This way if businesses are not grandfathered in they would be affected. He pointed out the concerns at this time are focused on the GB District and the up coming holiday shopping season but the Planning Commission needs to look at what is best for the growth of the City and businesses in Andover. Community Development Director Carlberg stated that if continuous operation is a conditional use in the GB District, businesses would not be able to make an application and be approved in time for the 2012 holiday shopping season but if continuous operation is permitted then there would be no problems this holiday season. Chair Daninger stated the Commission could make continuous operation a conditional use and also consider adding a notation that non - continuous hours of operation would not be enforced from November 1 to January 1. This would allow retail businesses to set longer holiday shopping hours. Commissioner Holthus asked what other cities did for holiday hours. Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2012 Page 4 Community Development Director Carlberg explained most cities do not regulate the hours of operation in their commercial districts. This is determined by the businesses. The General Business District is designed for more intense uses and is not regulated like those districts that abut residential areas. He stated a notation could be added to the use chart. Chair Daninger expressed concerns that if everything is a conditional use there is a potential of not being fair to all businesses. He stated he would recommend conditional use in the LB and NB Districts and permitted in Industrial Districts. He stated the SC and GB Districts should have the same permitted and conditional uses and he would recommend permitted at this time. Commissioner Cleveland stated he would like to see some of the types of businesses designated as conditional use. Commissioner Olson stated there is a good argument for having continuous operation a conditional use in the NB Districts. These districts abut residential areas and impact residents more. Community Development Director Carlberg recommended the City get a legal opinion regarding businesses being grandfathered in if they are currently operating continuously and the City changes this to a conditional use. Commissioner Olson stated he would recommend conditional use in the LB and NB Districts and permitted in the SC, GB, and I Districts. Commissioner Holthus stated she would like to see conditional in the LB, SC and GB Districts and permitted in the NB and I Districts, with a notation that hours of operation would not be enforced from November 24 to December 31. Chair Daninger asked why Commissioner Holthus would like to see a business operate 24 -hours in a neighborhood but not in an area that designed for these types of operations like the shopping centers and general business areas. Commissioner Holthus stated she envisions a small convenience store, such as Walgreens, in neighborhoods and this would meet the needs of the residents. Commissioner Nemeth stated CVS and County Market had tried to be 24 -hour locations but they found it did not work for them. It had been their decision to reduce their hours. A business should be allowed to set their hours and not have this regulated by the City. There are no other communities that regulate hours of operation to this extent especially in general business locations. Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2012 Page 5 Commissioner Peterson suggested making continuous operation conditional in all the districts. This will add a layer of control and the City could review each application based on a set criteria so that all businesses are treated fairly. Commissioner Cleveland stated businesses would not be treated fairly simply based on the nature of the conditions. He stated it would be more appropriate for the City to do what other communities are doing and permit businesses to decide how to run their business. He suggested the SC and GB Districts be permitted. The City wants to remain competitive in attracting new businesses. Commissioner Nemeth stated he would agree with the NB and LB Districts to be conditional uses and the SC, GB, and I Districts set as permitted. Commissioner Olson stated the districts are set up to have less impact on residents the further away they are. It would make sense that they be regulated the same way. The NB District abuts residential areas and should have the most restrictions while the GB District is designed to have the least impact on residents and should have less restrictions. The City should not be arbitrary in how it regulates businesses. He stated the Council has not provided direction to the Planning Commission and there has been no input from businesses making this request. Community Development Director Carlberg clarified the letter from Wal -Mart is a request for consideration in making continuous operation a permitted use in the GB District. This request procedurally is similar to the requested text amendment received from the Council asking the Planning Commission to consider adopting definitions for continuous and non - continuous operation. Something will need to be done this year in order to address the 2012 holiday shopping season or not enforce the new definitions this year. A preliminary poll of the Commissioners was taken as follows: LB and NB Districts designated as conditional use and SC, GB, and I Districts designated as permitted use — Chair Daninger, Commissioner Cleveland, Commissioner Olson, and Commissioner Nemeth. LB, NB, SC, and GB Districts designated as conditional use and I District designated as permitted — Commissioner Peterson. LB, SC and GB Districts designated as conditional use and NB and I Districts designated as permitted — Commissioner Holthus. Commissioner Nemeth stated the City would want to ask the City Attorneys to look at the Neighborhood Business District and make a determination if existing businesses would be considered grandfathered in. Andover Planning and Zoning Commission Workshop Meeting Minutes — October 9, 2012 Page 6 Chair Daninger agreed with Commissioner Holthus that the City would be giving up some authority but the City should work to be more business friendly and not make it difficult for new businesses to move into Andover. Community Development Director Carlberg clarified there were certain types of business that are regulated by the City through other City Codes and this limits certain types of businesses from being open 24 -hours regardless of where they are located. He stated that many of the current land uses in the chart were established in the 1970's and the City is just now facing problems with some of the designations. Commissioner Holthus stated the City has control during the CUP process and she would like to see the City maintain this control. Commissioner Cleveland stated under this reasoning then the entire chart should be changed to conditional and the City can pick and choose who they want to do business in the City. A final poll of the Commissioners resulted in: LB and NB Districts designated as conditional use and SC, GB, and I Districts designated as permitted use — Chair Daninger, Commissioner Cleveland, Commissioner Olson, and Commissioner Nemeth. LB, NB, SC, and GB Districts designated as conditional use and I District designated as permitted — Commissioner Peterson. LB, SC and GB Districts designated as conditional use and NB and I Districts designated as permitted — Commissioner Holthus. Staff was directed to inform the Council of the consensus and post notification for a public hearing October 23, 2012 with the Planning Commission. OTHER BUSINESS. None. ADJOURNMENT. The Planning Commission adjourned at 6:50 p.m. Respectfully Submitted, Tina Borg, Recording Secretary TimeSaver Off Site Secretarial, Inc. Fredrikson October 8, 2012 VIA EMAIL AND U.S. MAIL David L. Carlberg Community Development Director City of Andover 1685 Crosstown Boulevard Northwest Andover, MN 55304 Re: Zoning Code Amendments Dear Mr. Carlberg: As you know, I represent Wal -Mart Stores, Inc. This letter addresses the City's current review of the land use chart in Chapter 12 of the Andover City Code, which we understand is one of the subjects of Tuesday's work session. Walmart urges the City to change the 24 -hour continuous operation use for the GB (General Business) district from "blank" on the land use chart (use not permitted) to "P" (permitted use). In its current form, the land use chart restricts 24 -hour .operations to the NB (Neighborhood Business) and SC (Shopping Center) districts. The omission of the GB district from the land use chart's permitted 24 -hour operations appears to have been an oversight. It is difficult to discern a rationale for permitting 24 -hour operations in the lower intensity NB districts, district that are in close proximity to residences, but not in the higher intensity GB districts, districts that are specifically intended for commercial uses and which contain no residences. Also, the fact that 24 -hour operations are allowed in the SC district, where retail sales are permitted, but not in the GB district, where retail sales are also expressly permitted, further suggests that the omission of 24 -hour operation in the GB district was inadvertent. Whatever the reason, however, the current land use chart likely puts the City at a competitive disadvantage for attracting businesses that need to or want to stay open 24 hours, such as hotels, motels, restaurants, convenience stores, grocery stores, pharmacies and other businesses. As we have expressed, Walmart's strong preference is to remain open to the public on a 24 -hour basis. All Walmart Supercenters in the Twin Cities (i.e. Walmart stores that include grocery operations like the proposed Andover store), are open 24 hours. It is what Walmart's customers know and expect. It is also an accommodation and service to the community. Late night shoppers are often there because of some emergency, usually a sick family member. Many Attorneys & Advisors Fredrikson & Byron, P.A. main 612.492.7000 200 South Sixth Street, Suite 4000 fax 612.492.7077 Minneapolis, Minnesota www.fredlaw.com 55402 -1425 MEMBER OF THE WORLD SERVICES GROUP OFFICES' A Worldwide Network of Professional Service Providers Minneapolis I Bismarck / Des Moines / Fargo / Monterrey, Mexico / Shanghai David L. Carlberg October 8, 2012 Page 2 shoppers are there because they work nontraditional hours and need to do their grocery shopping at that time of the day, or they have some other pressing need to shop at that time. Walmart's Andover store is not located on a major highway. It will draw customers from the community. Therefore, customers shopping during the late night hours will be residents of the community. They should be reassured to know that if for whatever reason they need do some shopping in the early morning hours — such as on their way to the airport to catch an early morning flight, or to buy more baby formula needed for that day — that option will be available to them. Unquestionably, a demand exists in the community for this convenience; Walmart would not be open 24 hours if no community demand existed for this service. Being open 24 hours will not be disruptive to residents of the community. Truck deliveries for the proposed Andover store will occur during the day, not at night. Regardless of whether the store is open to the public, employees will be working all night in the store stocking shelves and preparing the store for the next day, so opening the front doors to welcome shoppers does not greatly expand the activities that otherwise will be occurring. Moreover, the GB district is nonresidential, which further mitigates any impact from 24 -hour operations. Residential uses are behind the store, well away from the parking lot located in the front of the store. There is only one light in the back of the store, and that single light necessarily has to be on regardless of whether the store itself is open. Under the Code as it currently exists, the store could remain open until 2 a.m., and close until 7 a.m. Remaining open for the additional hours between 2 a.m. and 7 a.m., during which time business would be very light, is an incremental change which we are confident will pose no disruption to the residents of the community and will be a welcomed addition for many. For all these reasons, Walmart respectfully requests that the City consider amending its land use chart in Chapter 12 of the Andover City Code to make 24 -hour operations a permitted use in the GB district. Sincerely, Richard D. Snyder Direct Dial: 612.492.7145 Email: rsnyder @fredlaw.com RD S /mp /5244o44_1.DOC cc: Wal -Mart Stores, Inc. W A F M Ra x a �z it ¢ UH r-i z O W F F N c .N pa ar � a U � � o c Ca t! o N z�c7° C7U ' p a UXXU U as cp ❑ c � Q a UXXU o bj� U Q o s'R od uazcnu z a UXXU to o U ca r-L-� W vi fD M F r'm F Q ca w a5 w w w b�A a U X cn p cn E cn O U� � 7 ti N M 7 i tA ti ti p U o a _ a � U UXX L O y /N H L yC7 U N z d y � c O Y c N s .Y e M .15 OL aJ a" O ' [ 4 P.UX0. �i .,U Ra C7U a UXXU U as a UXXU U U od z a UXXU U a U X X 0-1 a a UXX yC7 .y UXX U U c c ^; N U X X U U �! UXX lu U C4 a UXX U V M aa.0 UXX U U N aa,U UXX V U a U U X X U V U U � U "C O y U Y t i U C C O Cd Y — N O U C CL CC p U o O U U M U V f. O O 4: �,= y� C •cy O C O c O A C ca .y CL N O O U U V M O O •> v FvUi U 4-' L CL .� ,—. .N O m -O O W C aU. ca p Cl 771 9 ._j y' 7 O b V1 0 ,Y+ C,3 : 'U-. y CZ Q .VI CL O O "-' 4-+ U O o c a° CL v= .9 C CL h d v Y a v cs v o. o °J w ani aYi _ c � 3 3 3 a� ' °¢¢¢¢ai i a a iuuuuu 1-1 U X U p U' O. U 0. X U U O. U U 0. C. U U cn U X U a a lul C. a U Z U X a C. C. U a1 U �-lU ul I X o. a 0.0 C7 U U UUX U C.C.0 N u UUU U U X C.0 a.C.0 u UUU U U X 0.0 a. C.0 UUNLUUU UUU X C.0 a.C.0 u :UUU UU X U aU aa.0 M 4"000 u UUU X 0.0 a.Cn,U N u 4000 UUU X O. C.% 0.a.0 ti � r UU UUU UUU X a.0 P,0,U yN � V� 0 0 0 �.� 0 •U v C U OA N y � 'N N � co cu r0 L' U _ r CZ C- C N ..O C G N W U cd U C N r•. U U O bA C y C C N O .YC N C C O N ... .. •�.� N �.j C C s. �'"' U Cq •^� 11 'd 'c7 O V CL •� N •R .'L.+ bA U N F ^ C C ,N. v v y Q .0 U p C C C OU b O C d N c3 •7 U •0 ,0 mU C _ .�-. C _ _^ ti N U h� V ..+ .� C C � � O ro .^. �.. O •C 7 vI G V C C O cC •v U U C � U C .^� Q O •C N U O h O O ,� fn •>.. .O •y as y ,--� " G O p .� ".Or- N N J N p O m eOr rra.y (di •C '� ° ° -cs U 1 1 .� v y Cd o 'D sV, bA O. ai v, s, z. >•., _ W c3 r U, .- .�, ti a� > x`n, N s`n. N sN, a� avi C 0. 7 . N iy k'p p ZY Cd U C C N m '• .= .'v ' 'C-d ' C �, C � ^ J � `y U CC CG Cd .- td U U U U U .O C N ^ p R �,i/�" N N N N N .. N y N . . N 0 p N td •Cr ,s� U U b £� C scd . Cd •� C N Y > d •..h a n P E Ei L. F U 1) j U . � -. u V CrUUU -cd . ,C O O UUUU O O O U aU O UUUU O O O y„ oU-0UML1MLaLaLiGif1 cd a cs c"d Cd W ti W x W x.,x xX x w xC7x ° a c x XU X a.. XX XU xzzx a X X xp4X a G X X xC7X eQaU c X XU N X X PQU Ua- U X xolr... X X x 0¢U UaU X xGC¢. x X x aU UaU x x L¢—P, x X�X PQU UaU X XaQa X P. M x�x Ua.0 UaU X Xa.a a U x a a. x N X Up.0 UL'.0 X Xc C U X C. a Cr ti X�X UaU VaU X Xa.a a U x a a, by V% r7 � •,Fq U L (J 4 P C as O OLn � •� s tz d% •Y •^ U '� �+, Cd a- bic O a 3 H w op —e o ❑ 'D Ei °o °' w o az v o n .0 c;l o cz 0 c1 a°i N L) ° c P c° y q) o co ^ .b •O .y O (1) a. O ... 3 'i. a) O 7 Y .� O •N .Ni ,. ca cd vi —c,2 i. a) `" a) Y O '• y "" C G O 3 ° E ° <C ti a) y al m^ r o o .0 8 . ti Cd o i s CIS '.4 o o Y c 3 U p ca •_ N N 8 c N 4.. 5 Q N O y �..� U bA U 7 y ti O 4. O N > O 'y, `� •y rn h ti O �_ N W 'Y ^ rL Y N O O y3 N O d) r,• O Cd p 0 N y y^ CL a) cC N N i+ y a) •" N 12 CL O. >> uc (C bin i y f1. :3 r, O O U Q. N ° °y � U U Y 0 0 0 c3 w O> O w . O a0i N O tL to 3 .:. tc N a) U N O O _ . n = N 'n. 0. n. 0.3 W y Y a v uu; LL, 00C7xxx �Ux 5�' �° � ���� c°a E�4 U U0. a CL, P-1 a U U aaaaa U Pa u 0. U a P..a a U u U Ga0.0.a U u ri0 O'l a a I U I U I P..,aaaa, U q U z a 0. a U U a a a a a U a V a a U a a a a a U U V U p� aaa U N Q U a a a U U aaa U U CLI a U V aQ aaa U C!U a a U u U FEU e¢, U Ua aaa U M �U U e� Up¢ aaa U U a U Ua�, aaa U � � w 0 o y p a x cz a CL F cC n .:.. b bz U api N cct •� -o as U O U C bc 4 •O s, U (_ o O °c U V cq 'O U ' N CL U N b� � N y 3 > L U O O n ,�, `n N U p 'O 'a Y� F-• 4=+ .G bq V) N rL p 3 O U c y \V O ^^ C LIS c3 � b U ti _ ya O 'a U O rn £ " N W pA R3 O YO rn N •O y bq ^ O 4c ro 4� h y O v 'a sU. i, y Y r aU+ cC y i v c c pa o p 03 r O N C a s cOa o c •� ek tkc y 3 5 5 5 8 tl 3 :� o m Y Y N v v w a oar o -a a o_ a o w cd cC a1 o Y c3 N O O O ^ O CL O N ti as as O 7 O O ..O 0 0 U 2 0 0 0 � O Y as Y c r(1) a a w _ ? w a c 000OOOa n ? a aa •e �1 � .a c:aGC' 3ca q w aaC7 a. as a. X X a 0.1 z as x a aU XXw N � U U U a e U a¢ U X X ed � Q w U U U e U pd. V X X CL. � C] M a U U U a a U U X X a N 'r 0 C O vUi N y y 0 F1 .ci y (r > > fl 3 y C •� ..., O .--. O O ti U W o Cd Cd 3 W M td •L N Y y y N •r. ^_ C. O v 'Q V U L y OL C U CD U C t C L id ti U G O 'O N y O U N CL N O N° by CO O z G C v^ C W cd h "O bA L U G U C� L O Q O y ,fit O U • O Y Vl Y O cu ¢ U Y M VI 'y 'y `y � 'a L N d O O '7 ,0 � v ' 73 � "^� O z: N N " O `U ° U •c� C C's � ° a D N N VI R� $ ••^ y y, N CU 'U Ni h l? /J '6 '.U. c U ) bq > N 3 vii aNJ ° 0 '' ° <WC v G' d d i. 0� O sU. rn -o ^^D � L U o U O o 0 O U U W m O X C bD cs G U bb •,-, t O cd co ° ° °° by n cu a °a' U o y � m " v ° o ° U O 0 � N C ca vcd i Or x° C� P� f:4 U�uo U]v)V)En cn V) o cnEUy� IV �o 1 L`� N 1 �00 00 00 M O �6 N O o 'v o N � O p a N a� a00 a00 a� O "O N cV o „) O p N p In N 00 1 O° Ov O M O 00 O -v Om N O O N 00 m O b O U M O O N IN O 'D M u 000 N 00 Lf 1 V ^~ � Cl) al4 040 f) 4 -6 cv 4 r, 4 O ti 00 1 00 � 1 O Cl) o X00 ° c3 a) O x U U a O. a c. U N N a) U @ C X a U > a a c a U a X m r7 � N N N U co y p � E N @ a) 3r. O U a In (6 x ca)"a- N a) m m w a o_ a a) U U > m U a m m m E X a) U L6 T U C C a C co O O N N a) L U X C OU Q 7 U " a) a) U a) Q) y L Y L O Q C U 0 _ _ a) U -=03 > @ .N U x L 7 f). _C X LNE CU m a O 3o-0Looco C m 0 90 V) a) .6 a) ..-� C@ O a) E U Vi U X C O a) n @ u "6 G caa -C N N N U o m a) n o U a) U x w @ m a) a) a) a) s s N U 0'C.. O N° cu O C Q U U x c3 y m �p N w ) ca a`))� o o N V N 0 U 'CL U X O �t a) w m y@ m N O L o p ..O O U C U X 7 7 C t- N N � Nth U) O a) OOm C @ > U cc E 3 m Euic s N U X a) w N a) C: c T..�- 3 a) > a) ip L m Q T"- TN 0 O C N@ a) V) C p ofN "M"`I U Y 0 7 a)@ a) a) 7 N+-• W O a) U 0) _ E N�3N °3vE r —... s >E�s Q O U LO U) H O m (ry E o CL O @ N O @ E C O L 7.Oa)aL) mo 3: CL a @ i C -o � Q CCo >Eon_ C a 0 O.C:0L) U 0 (1) (1) am)a Qa gym C m c°» Cs U N N 'O y y O 0 n O 0 O � cC O O r Cd Y C) �° 0 3� O a+ J v A. O N ti _ CU > y x O O o ° ° 3 o °a v a 0 3 m y v fl H Q U rn U !^ o A ro 'C 'c y 'b C O U 3 N c •U .0 Cd m � T .. '4 wo N U a+ � (� bA U O 4 V ti N i i '= U y •y 'yy Y _ � Q) Q O .� .� Y V U 3-. 0 �... =.. H H '> > > > >> 3 3 C.) C CL IV �o 1 L`� N 1 �00 00 00 M O �6 N O o 'v o N � O p a N a� a00 a00 a� O "O N cV o „) O p N p In N 00 1 O° Ov O M O 00 O -v Om N O O N 00 m O b O U M O O N IN O 'D M u 000 N 00 Lf 1 V ^~ � Cl) al4 040 f) 4 -6 cv 4 r, 4 O ti 00 1 00 � 1 O Cl) o X00 ° c3 a) O c � m r @ T C (6 O. O m @ N N a) U @ C > In_a L-o L @ N N n CL @ N N N E.`n ca m O 7 N a) N >, m r7 � N N N co y p � E N @ a) 3r. O Y N Y L In (6 m ca)"a- N a) m m w a o_ a a) a) O V O '-' U U > m (D a m m m E a) U L6 T U C C a) C co O O N N a) L w O N 0- Q.N O C OU Q 7 U " a) a) U a) Q) y L Y L O Q C 0 _ _ a) U -=03 > @ .N U L m L 7 f). _C X LNE CU m a O 3o-0Looco C m 0 90 V) a) .6 a) ..-� C@ O a) E Vi U X N L L O. � — CO C O a) n @ u "6 G caa -C N N N U o m a) n o cu `� m U 0 ~ w Co a) m rn L ' O y ' V > -0 C1 w @ m a) a) a) a) s s N x 0'C.. O N° cu O C Q U c3 y m �p N w ) ca a`))� o o N V N 0 'CL C a) C Qm U Q O to O �t a) w m y@ m N O L o p ..O O TU >+N "O T C t O ' m@ 0@ O 0 N C .� — 7 7 C t- N N � Nth U) O a) OOm C @ > J cc E 3 m Euic s N —° m a) a) w N a) C: c T..�- 3 a) > a) ip L m Q T"- TN 0 O C N@ a) V) C p ofN "M"`I 3o_a Y 0 7 a)@ a) a) 7 N+-• 0" O O a) U 0) _ E N�3N °3vE r —... s >E�s Q O U LO U) H O m (ry E o CL m O @ 0 _ @ @ N O @ E C O L 7.Oa)aL) mo 3: CL a @ oa)nV) U) " C a) C -o (1) ac)c))Em L C Q CCo >Eon_ C a 0 O.C:0L) U 0 (1) (1) am)a Qa gym m c°» L L O L U (0 N_ O 3 N N N � �L a N U o a T aQ U L N U � N VJ O N O 7 C -0 O m N in > U L O Q O O- L cn O 'O O O O Ca L C � O 0 O X O O N w U N N O c6 N O Or E O N O CL O L , r O O N ` Q a a Q c O O c6 O O N c/1 N =O w U t 0 O N 3 N N p M C E N O U E N L E In Q cp = O ` y N N L Q V% lL C O c6 N Q O N 3 O c C O U C O Z C (6 C O N O_ O cn 7 O 7 C C O U 0 O N C O .E w N _O N N N N N l--� CO O\ O r V C t 4 ti 4. V 4l - o 0 o e o o e o m r M m m m O Q u e v m c� upi, po o M o a r e <o c IN of u u y CU °6ii n 1� ° ♦` ° N N m m f f Q OI (7 W YI W d d d N d 1 9 N ¢ I' C6 m m n �o e y m v°'i vl Q uri v O1' n m E a22E. s = U m m m e ° ' r o w vi � � h `E i Q cv N N w > > E c E E o E p Y N 'N O m N q = N N w C° �E N E E doo � � � o o Q) _ O _ °oE Q •nN uO�U N O W OI q N d � o d OI ui o E 76 m U o n s x EE V d a d 9 w m cc Y4 � __ � = m = ? a E a � •' c m 41 o m m � (n � K c m m J rn O U N U LL K J K `L R O w O a K S G V N rc > i r v N t` C7 II L C D 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 Public Works /City Engineer - FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Discuss Safe Routes to Schools for Trail System - Engineering. DATE: November 7, 2012 INTRODUCTION The City Council is requested to discuss a grant application to expand the City's current trail system. The application is a Safe Routes to School (SRTS) grant through the Minnesota Department of Transportation (MnDot) for a trail section. The section that staff would recommend is along the west side of Crosstown Boulevard from South Coon Creek Drive to Andover Boulevard. What is Safe Routes to School? MnDot provide funding to a broad spectrum of groups including cities to make improvements to the routes children use to walk and bike to school. These improvements may include physical infrastructure changes (like sidewalks and pathways) or non infrastructure programs (like incentives and educational materials for families). MnDot also provide bicycle and pedestrian curriculum to several pilot locations across the state and technical assistance and training to schools. Communities are basically given the opportunity to improve the built environment and to promote bicycling and walking to school with infrastructure and non - infrastructure projects. The goals of the program are threefold: • To enable and encourage children, including those with disabilities, to walk and bicycle to school • To make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age • To facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools Note: The City has applied for two grants in past in 2008 and 2009 but were not selected in either of those years. The section of road that was applied for in both years was along the east side of Hanson Boulevard from 148h Lane to 1501h Lane. The submittal date for the DNR Trail grant is February 15, 2013. If the City Council would like to apply for the grant for this section along Crosstown Boulevard, staff will begin working on the application. If this funding is received, the timing for improvements would follow the same schedule as the SRTS project. Attached is the trail layout showing the connection along Crosstown Boulevard from South Coon Creek Drive to Andover Boulevard. Mayor and Council Members November 7, 2012 Page 2 of 2 BUDGET IMPACT All SRTS grants use federal funds, and no local match is required. The SRTS Program is a reimbursable grant program meaning that recipients of the funds will front the cost of the project and will be reimbursed during the course of the project. All costs submitted for reimbursement are subject to eligibility requirements. ACTION REQUIRED The City Council is requested to discuss a grant application to expand the City's current trail system and direct staff on how to proceed. Respectfully submitted, Todd J. Ffaas Attach: Location map 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Cler SUBJECT: Set Date to Canvass Election Results/November 6, 2012 General Election DATE: November 7, 2012 INTRODUCTION The City Council is required to canvass the results of the General Election that was held Tuesday, November 6, 2012. According to Minnesota Statute the City is to canvass election results between November 91h and November 16th, 2012. ACTION REQUIRED The City Council is requested to schedule a date and time between November 9th and November 16th, 2012 to canvass election results of the General Election that was held Tuesday, November 6, 2012. Respectfully submitted, v ►r I14 4�' Michelle Hartner Deputy City Clerk . A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVE R.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: November 7, 2012 The City Administrator and Department Heads will provide a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development/CIP Projects 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. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for November 7, 2012 City Council Meeting DATE: November 7, 2012 The City Council is requested to receive the following supplemental information. Consent Items Item #4. Award Demolition Quote /12- 31/3535 —161st Avenue NW (Sports Complex) /(Supplemental) — Engineering Item #8. Approve Resolution Calling for a Public Hearing on Proposed Property Tax Abatements for a Community Center Project (Supplemental) Administration Add -On Item 9a. Accept Resignation of Irwin Russell, Streets Supervisor - Administration submitted, Administrator AN16WA 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 Administrator FROM: David D. Berkowitz, Director of Pub ' orks /City Engineer SUBJECT: Award Demolition Quote /12- 31/3535 —161St Avenue NW (Sports Complex)/ (Supplemental) - Engineering DATE: November 7, 2012 INTRODUCTION This item is in regard to awarding the quote for Project 12 -31, 3535 — 161" Avenue NW (Sports Complex) Demolition. DISCUSSION Quotes were received on November 6, 2012 and are as follows: Contractor Quote Amount Sauter & Sons, Inc. $13,750.00 Veit & Co., Inc. $18,800.00 ACTION REQUIRED The City Council is requested to approve quotes and award the quote to Sauter & Sons, Inc. in the amount of $13,750.00 for Project 12 -31, 3535 —161sT Avenue NW (Sports Complex) Demolition. Respectfully submitted, David D. Berkowitz Attachments: Quotes`'/ Dave Berkowitz From: Sauter & Sons, Inc. [sauterandsons @gmail.com] Sent: Tuesday, November 06, 2012 11:03 AM To: Dave Berkowitz Subject: Re: FW: Andover Demo Quote Attachments: demo bid.pdf Bid Attached On 11/1/2012 10:57 AM, Dave Berkowitz wrote: Attached is additional information from the asbestos inspection. Also the septic system for the existing house will need to be pumped and removed. As emailed out earlier the 4" well will not be capped. Please write an acknowledgement on the quote form that the Lump Sum cost includes these items. Thank You David D. Berkowitz, P.E. Director of Public Works /City Engineer City of Andover 763- 767 -5133 From: Dave Berkowitz Sent: Tuesday, October 30, 2012 12:31 PM To: sauterandsonsOgmail.com Subject: Andover Demo Quote Tom, The City has acquired this property and is soliciting quotes for the demolition work. Please review and if you have questions and /or would like to visit the site please give me a call. Thank You David D. Berkowitz, P.E. Director of Public Works /City Engineer City of Andover 763 - 767 -5133 Sauter & Sons, Inc. 6651 141st Ave NW Ramsey, MN 55303 763- 421 -7919 QUOTE FORM Due Tuesday, November 6, 2012 at Noon Octobc 29, 2012 City of Andover 1685 Crosstown Boulevard NW Andover, Minnesota 55 304 SUBJECT: 3535 161 "Avenue NNV City of Andover, Minnesota To Whom It May Concern, We are accepting quotes for environmental abatement and demolition of structures and site materials located at 3535 161' Avenue NW. and also for the remediation of the site following demolition. Material on site c be used forbacklitling the basement and foundation. ENVIRONEM.NTA1. ABA7'ENIENT,1VELL* CAPPENG. BUILDl-tiG DEMOLITION & SITE'. RF'.,tlFM.►TIO .%rr 7c ,2c i rtv , A I Item It jV0, DE RIPTION Remove and properly dispose of all environmental hazards (asbestos, florescent lights, chemicals) as identified on the 2,700.00 1 attached reptrt for the residential house Demolish and dispose two pole buildinas including any 2 foundation, concrete slab and contents 41000.00 acid dispose of existing residential house including FDcmosuish on, ttndert!round heating oil tank, propane tank and 3 rroundimg items 3,500,00 Demotish and dispose of old hr.use foundation andconcrcte 4 slab by one of *the pole buildings Restore site to an eicvation close to the surroundim, area wit11 1(000.00 - + 5 material or. site beuiolish and dispose concrete lease; and old electrical pastel 1,800.00 -750. 00 C adljacetit to 1 -12 well LUMP SUib1 TOTAL: Proicct Description The property at 3535 161" Avenue NW was purchased by the City of Andover for a future sports complex. The existing residential house, two pole buildings, old house foundation, concrete slab and concrete bases by the 12" well `re to be demolished, removed from site and properly dispose of. Also any site miscellaneous debris must be removed. The attached site survey identiscs the specific locations. Miscellaneous debris within the area identified on the site survey shall also be removed and disposed of. Other items outside of this area are not part of this demolition work. The foundations need to be excavated, backtilled and brought up to grade. Bidder must .acquire all state, county, and city permits needed for this project if necessary. An asbestos survey and laboratory report has been completed on the property (attached). The Andover lire Department will be conducting on -site training at thus location November /early December of 2012. Environmental hazards shall be removed and the 4" well with need to be capped prior to the exercise. Upon completion of these exercises, building demolition and site remediation can occur. The fitrnace. water heatcr and well tank in the house must be removed prior to the trainingiburning. The entire stnicture will be completely burned_ Other work outside of the residential house can begin as soon as the contract documents are cxccuted. Demolition: shall be substantially completed by December 19, 2012 and project completion by January 1, 1013. `file contractor shall be licensed b<<the City, and it is understood (licit. it is the contractor's responsibili.y io hilly examine the site prior to subtnittine a quote. The undersigned quoter also agrees to enter into a contract %vith tilt; City within ten (10) days after the City's acceptance of this quote /proposal or any section or sectiotts thereof, and further agrees to complete the entire work- covered in the contract award within tile time period designated by the City. The Contractor vvill be required to he licensed, bonded and insured as required by the C:i:y. The City shall be named as an additional insured. In subnnitting this quote, it is understood that the City rc ervcs all rights to rcjcct any and all quotes, and it is understood that this quote may not be withdizvn within .a period of sixty (60) days after the scheduled time for the receipt of quotes. Sauter & Sons, Inc. (Individual, I' ership; Corporation) By: Address: 6651 191st Ave rAq FamseY, I-IN 55303 Phone: 763 -421 -7919 ((Quotes due by loott,'ruesdap.. November 6, 2012 — Submit to David D. Berkowitz, Director of Public. !Forks /Cite ruginecr at Andover Cite 11all,168.0) Crosstown Blvd \TNT', Andover, My 55304) NEW Specialty Contracting & Waste Management 11/5/12 City Of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Subject: 3535 161" Ave NW City of Andover, Minnesota To Whom It May Concern, 14000 Veit Place Minneapolis MN 55374 VeitUSA.com Office 763.428.2242 ToUtee 866.428.2242 fax 763428.8348 Attached is Veit's quote for the above address including the additional septic tank pumping and removal. Please be advised that any hazardous materials buried in the soil or any contaminated soil is excluded from Veit's bid proposal. Thank You, Mike Flahave Ali;malimAction Equal Opponunily Employer c� QUOTE FORM Due Tuesday, November 6, 2012 at Noon October 29, 2012 City of Andover 1685 Crosstown Boulevard NW Andover, Minnesota 55304 SUBJECT: 3535161" Avenue NW City of Andover, Minnesota To Whom It May Concern, We are accepting quotes for environmental abatement and demolition of structures and site materials located at 3535 1615` Avenue NW, and also for the remediation. of the site following demolition. Material on site can be used for backfilling the basement and foundation, ENVIRONEMNTAL ABATEMENT, WELL CAPPING, BUILDING DEMOLITION & SITE REMEDIATION AT 35:15 161,9T AVENUE NVV Item No. DESCRIPTION Remove and properly dispose of all environmental hazards (asbestos, florescent lights, chemicals) as identified on the 3,060.00 1 attached report for the residential house - Demolish and dispose two pole buildings including any 2 foundation . concrete slab and contents 3,670.00 Demolish and dispose of existing residential house including foundation, underground heating oil tank, propane tank and 10,000.00 3 other surrounding items Demolish and dispose of old house foundation and concrete 4 slab by one of the pole buildings 850.00 Restore site to an elevation close to the surrounding area with 5 material on site 800.00 Demolish and dispose concrete bases and old electrical panel 6 adjacent to 12" well 500.00 LUMP SUM TOTAL: $ 18,800.00 Veit & Company, lnc. diva 1 lz ip; Corporation) By. Greg Boelke, Pr ' nent Address: 14000 Veit MN 55374 Phone: 763- 428 -2242 (Quotes due by Noon, Tuesday, November 6, 2012 — Submit to David D. Berkowitz, Director of Public Works /City Engineer at Andover City Hall, 1635 Crosstown Blvd NW, Andover, MN 55304) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Information - Approve Resolution Calling for a Public Hearing on Proposed Property Tax Abatements for a Community Center Project DATE: November 7, 2012 Attached is a revised Notice of Public Hearing that specifies the parcels that will be considered for abatement. Specifically: "The City abate property taxes levied by the City on the properties located within % of a mile of the Andover Community Center, 15200 Hanson Boulevard NW, Andover, Minnesota (Parcel #22- 32 -24 -41 -0003) with the exception of parcels contained within Tax Increment District 1 -5 (Parcel #22- 32 -24 -11 -0024 & 22- 32 -24 -11 -0025) and tax exempt parcels." BUDGET IMPACT Through the use of tax abatement, there is an opportunity to save long term debt service expense. ACTION REQUESTED The City Council is requested to accept the attached revised Notice of Public Hearing as part of the public record. submitted, Dickinson Notice of Public Hearing EXHIBIT A CITY OF ANDOVER NOTICE OF PUBLIC HEARING REGARDING PROPOSED PROPERTY TAX ABATEMENTS FOR THE COMMUNITY CENTER PROJECT NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota, will hold a public hearing at a meeting of the Council beginning at 7:00 p.m., on Tuesday, November 20, 2012, to be held at the Andover City Hall, 1685 Crosstown Boulevard, NW, Andover, Minnesota, on the proposal that the City abate property taxes levied by the City on the properties located within 3/ of a mile of the Andover Community Center, 15200 Hanson Boulevard NW, Andover, Minnesota (Parcel #22- 32 -24 -41 -0003) with the exception of parcels contained within Tax Increment District 1 -5 (Parcel #22- 32 -24 -11 -0024 & 22- 32 -24 -11 -0025) and tax exempt parcels. Below is a map which identifies the location of the tax abatement properties. A list of the property identification numbers of the tax abatement properties are on file with the office of the City Clerk. The total amount of the taxes proposed to be abated by the City on the tax abatement properties for up to a 20 year period is estimated to be not more than $19,000,000. The City Council will consider the property tax abatement for the acquisition of the community center from the Economic Development Authority of the City of Andover. The City proposes to issue Taxable General Obligation Tax Abatement Bonds in an amount not to exceed $19,000,000 to finance the acquisition of the community center from the Economic Development Authority of the City of Andover. All interested persons may appear at the November 20, 2012 public hearing and present their views orally or in writing. [Attached map] 5021445x1 A -1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: James Dickinson City Administrat FROM: Dana Makinen, Human Resources SUBJECT: Accept Resignation of Irwin Russell, Streets Supervisor DATE: November 7, 2012 INTRODUCTION This item is to acknowledge the resignation of Irwin Russell, Streets Supervisor. DISCUSSION Irwin is retiring after working over 18 years for the City of Andover. Irwin started working for the City as a seasonal employee in 1993 and was hired as a maintenance worker in 1994. In 2000 Irwin was hired as the Streets Supervisor. The Human Resources department would like to advertise and recruit candidates for this position. The winter season is a very busy time for the Streets department, therefore it's extremely important to fill this position in a timely manner. BUDGETIMPACT None. This was already identified in the 2012 and 2013 Budgets. ACTION REQUESTED The City Council is requested to acknowledge the resignation of Irwin Russell and authorize Human Resources to begin recruitment for a new Streets Supervisor. Respectfully submitted,` Dana Makinen