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HomeMy WebLinkAboutCC - May 7, 2013C I T Y O F ND OVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, May 7, 2013 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (3/26/13 Workshop; 4/16/13 Regular; 4/22/13 Board of Review) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Joint Powers Agreement /10- 23/Dog Park at Bunker Hills Regional Park — Engineering 4. Approve Plans & Specs /Order Advertisement for Bids /12- 28/Nightingale St. NW Reconstruction — Engineering 5. Approve Plans & Specs /Order Advertisement for Bids /13 -2/ 2013 Street Reconstruction — Engineering 6. Approve Easement/13- 2/2013 Street Reconstruction —Engineering 7. Approve Plans and Specs /Order Advertisement for Bids /12 -31 /Sports Complex/3535 - 1615` Avenue NW - Engineering 8. Approve Process to Consider Naming 40 Acre Sports Complex/12- 31/3535 - 1615` Avenue NW - Engineering 9. Approve No Parking Resolution/12- 28/Nightingale St. NW Reconstruction/Crosstown Blvd. NW to 1615L Ave. NW - Engineering 10. Consider Approval /Extension of Liquor License/Beef O'Brady's — Administration 11. Approve /On -Sale Intoxicating Liquor and Sunday Licenses /Courtyards of Andover — Administration Discussion Items 12. Discuss /Approve Open Space Land Purchase Offer PID# 11- 32- 24 -31- 0001 /Authorize Pursuing Purchase Agreement — Administration 13. Discuss /Approve 2014 -2016 Urban County Requalification for City of Andover participation in CDBG and HOME Programs — Administration 14. Discuss Approve 2013 -2014 City Council Goals and Values - Administration Staff Items 15. Schedule June EDA Meeting — Administration 16. Administrator's Report — Administration Mayor /Council Input Closed Session: Attorney /Client Privileged Discussion - Potential Litigation Involving Grey Oaks PUD Property Negotiations Update PID#29- 32 -24 -44 -0022 Adjournment ANLb Y O F 6 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: May 7, 2013 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: March 26, 2013 Workshop April 16, 2013 Regular April 22, 2013 Board of Review 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 47 48 ANDOVER CITY COUNCIL WORKSHOP MEETING —MARCH 26,20-13 MINUTES The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache, March 26, 2013, 6:00 p.m., at the Andover Fire _Station #1, 13875 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Mike Knight, Sheri None City Administrator; Public Works Din ex City Attorney, Scot Others UPDATE ON COON CREEK WA Mr. Tim Kelly, Council on Wat( Mr. Byron Westlund, Coon Creek Member at Large, were also-_at the Mr. Kelly reviewed impairments. the and Tony Howard Engineer, Creek Watershed District, updated the of the Board, and Scott Bromley, the north side of _Crooked Lake, is the water table changing Mr. Kelly stated the water tables are changing and the water •opping. He stated when the water starts to recede the whole )osed. The concentration of milfoil and curly pond weed will it is One of the reasons for treating the western part is ted Crooked Lake is impaired with mercury; Coon Creek is how the Watershed District is working on correcting the Councilmember Knight asked what Lyle Bradley's situation was. Mr. Berkowitz stated he is concerned with the discharge from the County Road and through the ditch system. He is concerned about the impact to the wildlife and ecological system. He is outside of the Coon Creek Watershed District. Mr. Berkowitz stated city staff stay consistent with the maintaining of ponds and protect against encroachment by not allowing residents to build within the drainage and utility easements. Mr. Kelly continued with his presentation on the Coon Creek Watershed activities. 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 Andover City Council Workshop Meeting Minutes —March 26, 2013 Page 2 Mr. Westlund stated the impact of Atlas 14 is going to be big on the District and will likely change some land development issues in the future. Mr. Berkowitz stated this is in its infant stage of discussion. They have talked about design criteria, the storm sewer system and there is going to be an impact and they need to look at the risk and future design standards. He felt Andover has a very safe storm sewer system and the system has performed very well with even large rain events. Mr. Kelly noted Anoka County is currently in a drought. Mayor Gamache asked in the recent development, Hickory Meadows, are they requiring rain gardens. Mr. Berkowitz stated he indicated at the City Council meeting that the Watershed District required the rain gardens but the intent of the rain gardens is to meet the infiltration rate, it is not required. He noted the City worked with the developer on ways to alleviate the pooling of the water on the lots and installing the rain garden was a way they could maintain water control and it was the most economical. He noted that he preferred not to have the rain gardens in the development. Mayor Gamache indicated he liked the idea of placing rain gardens in the City. Councilmember Knight stated they do add beauty to the area. Mr. Berkowitz stated the only concern is future maintenance on them and how can they go in to maintain them if they are not taken care of and then assess the property owners that did not maintain them. RECESS The Council recessed at 6:55 p.m. The Council reconvened at 7:00 p.m. UPDATE ONANDOVER AREA TRAFFICANALYSIS 112 -37 Mr. Berkowitz introduced the Traffic Analysis study to the Council. He noted the City hired Bolton & Menk, Inc. to prepare the study. Many scenarios were looked at, even some we knew wouldn't work. Mr. Kevin Kielb, Brian Nemeth, and Dan Lonnes reviewed with the Council the traffic options found while they analyzed the data collected. They looked at existing conditions, long term plans and short term solutions. Existing conditions shows that AM peak with school traffic is the biggest concern. Evening or PM peak is not as bad since school lets out in early afternoon. Existing conditions show problems south bound in the AM and north bound in the PM on Hanson Boulevard. The intersection at Crosstown Boulevard and Andover Boulevard has problems in the AM. West bound Andover Boulevard at Hanson Boulevard shows problems in the AM. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Andover City Council Workshop Meeting Minutes —March 26, 2013 Page 3 Long term solutions to meet current and future capacity would require Hanson Boulevard to be expanded to a four lane divided highway, improvements to the intersection at Hanson Boulevard and Andover Boulevard, Andover Boulevard expanded to a four lane road, Crosstown Boulevard expanded to a four lane road to Hanson Boulevard and Andover Boulevard be completed from Crosstown Boulevard to Round Lake Boulevard. Short term solutions to relieve congestion would be to extend right turn lane south bound on Crosstown Boulevard at Andover Boulevard and construct a free right turn onto Andover Boulevard. Access to the High School was discussed from 149th Avenue and Raven Street. This was deemed not a good solution, traffic backs up the same way on Crosstown Boulevard. Pedestrian crossing at 1491h Avenue would still cause traffic backups. Mayor Gamache thought they needed to talk with the School District regarding the issues at the Crosstown Boulevard entrances going into the High School. Mr. Kielb stated a traffic signal at Crosstown Boulevard and Nightingale Street intersection would not be recommended because of the sight lines and it would be confusing. A bypass lane on Nightingale Street at 150th Avenue is recommended. Mr. Berkowitz stated the bypass lane is incorporated into the current Nightingale plan. Councilmember Howard asked about straightening out the Crosstown Boulevard and Nightingale Street intersection. Bolton & Menk replied the intersection is working properly under current conditions because traffic is moving slow through the area due to backups. This intersection should be reevaluated after recommended improvements are made at Crosstown Boulevard and Andover Boulevard. Mayor Gamache asked if the intersection warrants a traffic signal. Bolton & Menk indicated Anoka County ran a study and it does meet the guidelines for a traffic signal. Mr. Kielb presented right turn lane options to the Council. He indicated this would be the first improvement that should be done. Once constructed, evaluate the other intersections again. Councilmember Trade indicated the school should participate in the cost of the right turn lane improvement. She also questioned if the school should make some internal site improvements. Mr. Kielb thought the school's internal system functioned quite well and indicated that would be an area to evaluate once a right turn lane improvement was operational. Mayor Gamache asked how much the traffic has to be slowed to allow a round -a -bout at Crosstown Boulevard and Nightingale Street. Mr. Kielb stated it would need to be reduced to 10 to 15 mph and then speed up outside of the area. 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 Andover City Council Workshop Meeting Minutes —March 26, 2013 Page 4 Mayor Gamache thought if they had a round -a -bout at Crosstown Boulevard and Nightingale Street and still had backups at Andover Boulevard, the improvements would not work. Mr. Kielb indicated that is correct. Councilmember Knight asked what the cost of a round -about is. Mr. Lonnes indicated it could be anywhere between $350,000- $800,000. Mayor Gamache asked if there was any indication that the School District is not going to change to a later start time. Mr. Berkowitz stated he would ask the School District about this option. Mayor Gamache thought they should find that out before doing the actual improvements. Bolton & Menk presented the 2 options that would work for short term. The first option is the $300,000 option 3A. The turn lane on Crosstown Boulevard would be extended to 1080 feet and a free right onto Andover Boulevard would be constructed. The west bound leg at the signal would be reduced to 2 lanes. Bolton & Menk presented the preferred option that can be used into the future which is option 3B. This option is estimated at $530,000 and would include extending the right turn lane on Crosstown Boulevard to 1080 feet, free right onto Andover Boulevard and widening the north side of Andover Boulevard to the High School entrance to construct an auxiliary lane. There would be no lane reduction at the intersection. Councilmember Trude asked what options the School District preferred. Mr. Berkowitz indicated options 3A and 3B. Councilmember Trude stated the School District can levy money for safety. Mr. Berkowitz recommended approaching Anoka County also. Chief Winkel asked what size of a round -about could be placed at Crosstown Boulevard and Nightingale Street. Mr. Nemeth indicated it would be about 80 feet. Chief Winkel stated the Fire Department would like to have larger round -a -bouts for the large fire trucks. Mr. Kielb indicated that a round -a -bout has low aprons that a fire truck could drive over. Mr. Berkowitz indicated this is the final document and staff is looking for direction from the Council. Would Council like to see this project in the CIP next year? Councilmember Trude asked about the Hanson Boulevard and Andover Boulevard intersection. Bolton & Menk indicated the County would take the lead on that project and would apply for federal funding. Mayor Gamache thanked the representatives from Bolton & Menk for the good information and stated this would help them make their decision. Council directed staff to pursue funding options with the school district and Anoka County Highway and include option 3B in the 2014 Capital Improvement Plan. 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 Andover City Council Workshop Meeting Minutes —March 26, 2013 Page 5 RECESS Council recessed at 8:03 p.m. Council reconvened at 8:08 p.m. INTRODUCTION TO WORKSHOP AGENDA ITEMS A. REVIEW 2012 ANNUAL FIRE DEPARTMENT REPORT Chief Winkel noted most of the calls were first responder (EMS) calls. Mayor Gamache wondered if the Duty Officer role was successful. Chief Winkel thought it was very successful and saves time with having additional firefighters responding. Councilmember Knight asked if they are seeing more drug related incidences. Chief Winkel stated they are seeing more heroin and marijuana incidences and overdoses than previously seen. He noted the heroin in Minnesota is stronger than other states and people do not realize that. Mayor Gamache asked when there are medical calls, how many vehicles are sent out. Chief Winkel stated they usually send 3 -5 vehicles with 6 -8 firefighters on site. Councilmember Trade wondered if they have thought about going around to the schools to talk to kids about fire safety and what not to do that causes fires in the home. Chief Winkel indicated he would like to do something like that but they do not have the staffing for it. Councilmember Trade thought maybe volunteers could do that. Councilmember Knight suggested Chief Winkel put an article periodically in the newsletter regarding fire safety. B. REVIEW DRAFT FIREFIGHTERS HANDBOOK Chief Winkel noted the document is a draft and they have been working on this to help clarify what is expected of the firefighters. Chief Winkel reviewed the "draft" firefighters' handbook with the Council. Chief Winkel noted they do not have a light duty work policy because of too many issues related to it. The Council discussed with Chief Winkel looking into supplemental disability insurance for the firefighters. There was also discussion regarding performance reviews. 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 Andover City Council Workshop Meeting Minutes —March 26, 2013 Page 6 Councilmember Bukkila asked how the Fire Department handles taking pictures on site. Chief Winkel indicated that is not allowed. He noted they have to document scenes and they have ways to do that but firefighters are not allowed to take photos. Councilmember Bukkila asked if the City has guidelines for duty officers while in the possession of a vehicle. Chief Winkel indicated they do have guidelines and they can only use the vehicle for responding to an emergency. It cannot be used for off duty use. Councilmember Bukkila thought the duty officer should not be allowed to bring the vehicle outside of the City but she thought it would be an inconvenience for the duty officer to have to go back home to get the duty vehicle before going to a call. She would like to see more flexibility. Chief Winkel stated he would look into the flexibility. C. DISCUSS 2012 I.S.O. FIRE DEPARTMENT SURVEY Chief Winkel stated Andover has a split rating in 2013. They are going to a 4/7, 4 in the Urban area and 7 in the Rural area. He noted they can reduce their rural rating from a 7 to a 6. He reviewed with the Council how this can be done. He stated he was not advocating changing the way they do their job for an I.S.O. rating. Chief Winkel stated the increase in insurance premiums could go up to 5% in the rural area; it will be minimal in the urban area. He noted this is only really affecting the industrial park. Mr. Dickinson wondered if they should chase the I.S.O. rating. The Council did not think they should. Chief Winkel suggested they take the information from I.S.O. into factor and start working on improving their rating for a future rating. D. DISCUSS FIRE DEPARTMENT STAFFING Chief Winkel stated they are currently at 50 paid on call firefighters and he is recommending going to 55 paid on call firefighters which would allow them to staff all their stations adequately. Councilmember Bukkila stated she is concerned with the turnover in the next five years because of firefighters retiring and she did not want new firefighters to be hired all at once, she preferred a gradual turnover. Chief Winkel stated because of a new training grant, the new firefighter training would be free so he is recommending the hiring of additional firefighters at this time. The Council agreed and authorized Chief Winkel to start the process. Chief Winkel noted he will also be looking at two full -time fire technicians in the next two years budget development to fill the gaps. 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 Andover City Council Workshop Meeting Minutes —March 26, 2013 Page 7 E. UPDATE ON EMERGENCY MANAGEMENT ITEMS — TABLETOP DRILL WITH CONSTANCE FREE CHURCH STAFF There was no discussion on this topic. 2014 -2018 CAPITAL IMPROVEMENT PLAN (CIP) DISCUSSION Mr. Dickinson reviewed the staff report with the Council. Mr. Dickinson noted the following are items on the list of potential improvements at the Community Center, the YMCA would like: multipurpose space, field house space, splash pad, rework the kids' area, office space and meeting room space. The dialogue he heard from Erick was on the City side he would like to have more storage area, dry floor training facility, teen center and more office and meeting space. The YMCA is currently evaluating all the Twin City YMCA locations and that is to be presented before a decision can be made and then they will need to run a capital campaign. Based on how successful the capital campaign is, will determine what they will do. He noted that the YMCA is not excited about borrowing money for an expansion. Mr. Dickinson stated they would want to bring in two or three architectural firms to start the planning of an expansion. The YMCA suggested a few firms who they worked with before. The Council indicated they would prefer who designed the Community Center. Mr. Dickinson stated they could have the needs analysis done by late summer /early fall, but they would not be ready to do the expansion until they know what the YMCA is able to do unless the City wants to do the expansion alone. Mr. Dickinson wondered if the speed of the proposed plan is ok with the Council. Mayor Gamache stated the City does not even know what the speed is of the YMCA because they do not want to pay for anything until they have the money. Mr. Dickinson stated from the city side they could do the project but the debt service analysis would be important. His preference for bringing new debt service online is 2017. Mayor Gamache wondered what they need to do in order to find out how much money will be needed. Mr. Dickinson stated he would like to bring in some architects with plans. He listed some architects he would like to look at. Mayor Gamache stated if the YMCA is ok with the original designer; why not bring them in again. The Council agreed. DISCUSS 2014 BUDGET DEVELOPMENT GUIDELINES Mr. Dickinson reviewed the staff report with the Council. 2013 BUDGET IMPLEMENTATION GENERAL FUND PROGRESS REPORT — FEBRUARY 2013 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 Andover City Council Workshop Meeting Minutes — March 26, 2013 Page 8 Mr. Dickinson reviewed the staff report with the Council. FEBRUARY 2013 INVESTMENT REPORT Mr. Dickinson reviewed the staff report with the Council. OTHER TOPICS Chief Winkel suggested looking into constructing an emergency operations center with an expansion in case of an emergency because the Fire Station is not an adequate place for this and they do not have the equipment needed to service an emergency situation. Councilmember Trude wondered if a basement could be put under the Community Center in an expansion if needed. Mr. Dickinson stated that could be a possibility. Councilmember Bukkila wondered if a facility was constructed, could it be used for something other than an emergency operations center. Chief Winkel noted that it could not because it would have sensitive information stored there that would be needed if there was an emergency. Councilmember Bukkila was not sure a city the size of Andover needed one. ADJOURNMENT Motion by Knight, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 10:56 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 REGULAR ANDOVER CITY COUNCIL MEETING —APRIL I6, 20I3 MINUTES The Regular Bi- Monthly Meeting of the Andover City Gamache, April 16, 2013, 7:00 p.m., at the Andover Andover, Minnesota. Councilmembers present: Mike Knight, Councilmember absent: None Also present: City Adminis Community I City A Others W as called to order by Mayor Mike 1685 Crosstown Boulevard NW, Julie Trade and Tony Howard , Dave Carlb ineer. David DONATION ,nted Andover and Mayor Gamache a along Tulip Street in Andover. April 26, 2013 as Arbor Day in Minnesota. Staff presented supplemental information for the monthly report from the Sheriff's Department. Motion by Bukkila, Seconded by Knight, to approve the Agenda as presented. Motion carried unanimously. 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 —April 16, 2013 Page 2 APPROVAL OFMINUTES March 26, 2013, Workshop Meeting: Tabled. Councilmember Trade requested a correction on page three, line five, the word land should read lane. She also noted they had a major presentation regarding the update on Andover Area Traffic Analysis and there is really no information on what they heard and she would like staff to interject the topics that were covered in that analysis and some reference to the report on file at City Hall. Councilmember Trade stated on page four, lines 26, 27 and 28 it states there was discussion and some of the Council felt performance reviews should be done semi - annually. She thought there was discussion but the consensus was not what was in the minutes. She would like that sentence to better reflect what the Fire Chief understood. She thought the consensus was they were going to stay with the recommendation of the Fire Chief to stay with the annual. Councilmember Bukkila stated she would take the credit for it and they can end the sentence at "regarding performance reviews" and delete the remainder through line 28. Councilmember Trade agreed. Motion by Trade, Seconded by Bukkila, to table the minutes to the May 7" Council meeting. Motion carried unanimously. April 2, 2013, Regular Meeting: Correct as written. Motion by Trade, Seconded by Knight, to approve the minutes as presented. Motion carried unanimously. April 2, 2013, Closed Session Meeting: Correct as written. Motion by Trade, Seconded by Howard, to approve the minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Declaration of Encroachment Easement, Conditions and Covenants, 13- 17/4038 —153rd Ln NW /Storm Sewer Pipe Extension Item 4 Accept Donation/North Metro Soccer Association/12 -31 /Sports Complex /3535 — 161st Avenue NW (See Resolution R027 -13) Item 5 Approve Resolution/Request MnDOT to Conduct Speed Study /165th Avenue NW, West of 7th Ave (See Resolution R028 -13) Item 6 Approve Classification and Sale of Tax Forfeit Properties (See Resolution R029- Regular Andover City Council Meeting Minutes —April 16, 2013 Page 3 1 13) 2 Item 7 Accept the Dedication of a Drainage and Utility Easement — Christian Brothers 3 Automotive —1716 Bunker Lake Boulevard NW 4 Item 8 Accept Resignation/Approve Hiring — Receptionist 5 Item 9 Consider Approval /Extension of Liquor License /Tanners Station 6 Item 10 Approve Purchase Agreement/1929 Crosstown Blvd NW 7 Item 11 Approve 2013 Residential Recycling Agreement with Anoka County 8 9 Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried 10 unanimously. 11 12 ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT 13 14 Inspector Scott Knealing presented the Anoka County Sheriff's Office monthly report for March, 15 2013. 16 17 Mayor Gamache asked if the Sheriff Department will have any kind of recognition for the deputy 18 who risked his life saving another's by pulling them out of the water to safety. Inspector 19 Knealing indicated it will be a nomination process and likely the deputy will receive a 20 commendation. 21 22 Councilmember Knight thought the City should recognize the deputy in some way too. Mayor 23 Gamache agreed. 24 25 DISCUSS A WARDING BID /11-471174THAVENW, HEATHER ST NW &173RDLNNW 26 27 The City Council is requested to receive bids and consider award of the contract for the Projects 28 11 -47, 173rd Lane NW, Heather Street NW & 174th Avenue NW, and 13 -08, 2013 Curb 29 Repairs. 30 31 Mr. Berkowitz reviewed the staff report with the Council. 32 33 Councilmember Bukkila stated she noticed there is additional information regarding drainage in 34 the neighborhood and asked for Mr. Berkowitz to explain how the drainage will be fixed. Mr. 35 Berkowitz stated there is a petition from the neighborhood regarding drainage. Staff was able to 36 work with the residents on the drainage problem and figure out a detailed storm water design to 37 ultimately protect structures. 38 39 Mr. David Clifford, 3104 173rd Lane NW, wondered if the assessment would be amortized over 40 ten years. Mr. Dickinson indicated ten years is what they are looking at, normally it would be 41 eight, since this is a large per unit cost the feasibility report identified ten years. Mr. Clifford 42 stated he is completely in favor of the project. 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 Regular Andover City Council Meeting Minutes —April 16, 2013 Page 4 Mayor Gamache asked what the alternate bid is. Mr. Berkowitz stated the alternate bid is separate from this project. They bid out their city wide concrete curb replacement program with a project and this one was selected so they can get that portion done early in the year. The $40,348 does not impact this project at all. Councilmember Bukkila stated to begin with, she is not in favor of this project because they had not researched it as far as what could be done to help the landowners with water mitigation. She wondered if the residents were in favor of this project. The residents at the meeting indicated they are all in favor of going forward with the project. Councilmember Trude stated the additional cost was not much more than what was originally projected for the project and she thought this improvement will significantly improve the values of the homes and help with the drainage problems. She is in favor of this project going forward. Motion by Knight, Seconded by Howard, to Approve Resolution No. R030 -13 Accepting Bids and Awarding the Contract for the Base Bid and Alternate Bid to Omann Brothers Paving Inc. in the Amount of $305, 117.66 for Projects 11- 47, 173`d Lane NW / Heather Street NW / 174th Lane NW & and 13 -08, 2013 Curb Repairs. Mayor Gamache asked what the next step will be. Mr. Berkowitz reviewed the next phase of the project. Motion carried unanimously. PUBLIC HEARING IVACATIONOFEASEMENT /17446 & 17480 BUTTERNUTSTREETNW Mr. Carlberg stated the applicants, Terry Meyer of 17446 Butternut Street NW and Joel Kittelson of 17480 Butternut Street NW, are seeking to vacate their respective side yard drainage and utility easements along the shared lot line. Mr. Carlberg reviewed the staff report with the Council. Motion by Knight, Seconded by Bukkila, to open the public hearing. Motion carried unanimously. No one wished to address the Council. Motion by Trude, Seconded by Howard, to close the public hearing. Motion carried unanimously. 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 —April 16, 2013 Page 5 Motion by Bukkila, Seconded by Knight, to approve the proposed vacation of drainage and utility easements subject to the conditions of the attached resolutions. Motion carried unanimously. (See Resolutions R031 -13 and R032 -13) A CCEPT THE DEDICA TION OFDRAINA GE AND UTILITYEASEMENTS 117446 & 17480 BUTTERNUT STREET Mr. Carlberg stated Terry Meyer of 17446 Butternut Street NW and Joel Kittelson of 17480 Butternut Street NW are dedicating drainage and utility easements for their respective properties. Mr. Carlberg reviewed the staff report with the Council. Motion by Trude, Seconded by Knight, to accept the dedication of drainage and utility easements for 17446 and 17480 Butternut Street NW. Motion carried unanimously. PUBLIC HEARING /PRIVATE KENNEL LICENSE 13420 — 156THAVENUE NW Mr. Dickinson stated a public hearing has been scheduled to consider approval of a private kennel license requested by Chris and Diane Sacksteder at 3420 -156th Avenue NW. Mr. Dickinson reviewed the staff report with the Council. Motion by Knight, Seconded by Bukkila, to open the public hearing. Motion carried unanimously. Mr. Chris Sacksteder, 3420 156' Avenue NW, approached the Council to answer questions. He noted they have four dogs, three Rottweilers and one Rottweiler Mix. Mayor Gamache asked if they currently had a fence. Mr. Sacksteder noted they just moved in and do not yet have a fence. He noted two of three dogs are licensed as therapy dogs and been through that training. Mrs. Sacksteder explained the training the dogs have had in order to become therapy dogs. She noted because they are therapy dogs, they need to be friendly and calm and cannot harm people. Mr. Sacksteder showed on the map of their property where they planned to place the fence. Mr. Dave Sullivan, 15441 Quay Street, stated the spruce trees are on his property. They have some initial concern with large dogs in general and their barking. Mr. Cecil Chesser, 15520 Quay Street, stated their concerns are safety while in their yard and noise at night; they like to sleep with their windows open in nice weather and are concerned with noise at night. Mr. Sacksteder stated it is their intent to keep the dogs confined within the fence Regular Andover City Council Meeting Minutes —April 16, 2013 Page 6 1 and if there are concerns about a four -foot fence, they could go to five feet if the Council permits 2 it. 3 4 Mr. Sacksteder noted at night the dogs are kept inside and they want to be good neighbors. He 5 explained he would be willing to exchange phone numbers with the neighbors so if there are any 6 issues they could be notified in order to correct them. 7 8 Mr. Jim Knoll, 3328 156th Avenue NW, stated he had the same concerns with the barking, 9 containment and viciousness of the breed. He stated they are a frightening animal to him. If the 10 containment is adequate, they are good. He stated noise will be a factor and he wanted to sleep 11 in quiet. He stated he did not build his home next to a kennel and did not expect the City to 12 allow a kennel to be built. 13 14 Mayor Gamache stated he understood the concerns but what he sees from the Sacksteders is that 15 they have taken the time to follow the rules of the City and appear to be very concerned dog 16 owners who have taken the time to adequately train their dogs. 17 18 Mr. Dickinson stated the reason the Sacksteders are applying for a kennel license, is because they 19 have four dogs. If they only had three dogs they would not need a kennel license. Mr. 20 Sacksteder stated four dogs are the most they plan on having; their plan is to maintain two dogs 21 going forward and in the future. 22 23 Councilmember Trude asked where the gates will be located in the fence. Mr. Sacksteder 24 showed the Council on the map where they plan on having gates and noted they will be locked so 25 no one will be able to get into the yard. 26 27 Motion by Bukkila, Seconded by Howard, to close the public hearing. Motion carried 28 unanimously. 29 30 There was no further discussion. 31 32 Motion by Howard, Seconded by Bukkila, to issue a private kennel license for Chris and Diane 33 Sacksteder, 3420 -156th Avenue NW, for the period of April 17, 2013 through December 31, 34 2013. Motion carried unanimously. 35 36 SCHEDULE MAY EDA MEETING 37 38 Mr. Dickinson requested the Council to schedule an Economic Development Authority (EDA) 39 meeting at 6:00 pm before the May 7, 2013 City Council meeting. 40 41 Motion by Bukkila, Seconded by Howard, to schedule an EDA Meeting on May 7, 2013, at 6:00 42 p.m. Motion carried unanimously. 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 Regular Andover City Council Meeting Minutes —April 16, 2013 Page 7 ADMINISTRATOR'S REPORT City Staff updated the Council on the administration and city department activities, legislative updates, updates on development /CIP projects, and meeting reminders /community events. Councilmember Trude asked Mr. Dickinson to make sure the mailings that go out to residents regarding the utility billing changes do not look like junk mail that will be thrown away. She indicated she would hate to have residents be surprised or not get their utility bills paid on time. MAYOR/COUNCIL INPUT (Coon Creek Watershed Board Applications) Councilmember Trude stated the Coon Creek Watershed Board is looking for applications for their Citizen Advisory Board. (League of Women Voters) Councilmember Trude stated the League of Women Voters was successful in getting Mr. Doug Fisher, Anoka County Engineer to come and speak in May. (Recycling Day) Mayor Gamache stated April 27, 2013 is recycling day from 9 -3 at Public Works facility. (Garage Sale Weekend) Councilmember Bukkila stated May 16`t' — 18', 2013 is the City Wide garage sale weekend in Andover. (Mayor Prayer Breakfast) Mayor Gamache stated May 17, 2013 is the Mayor Prayer Breakfast which will be held at the Fountains in Ramsey. (Andover Pet Clinic) Mayor Gamache stated Andover will be holding a pet clinic on May 4, 2013 at Public Works. ADJOURNMENT Motion by Knight, Seconded by Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 8:30 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes —April 16, 2013 Page 8 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — APRIL 16, 2013 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 SPECIAL PRESENTATION — NORTH METRO SOCCER DONATION ... ............................... 1 PROCLAMATION — ARBOR DAY ............................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDA APPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 ApprovePayment of Claims ........................................................................ ............................... 2 Approve Declaration of Encroachment Easement, Conditions and Covenants, 13- 17/4038 — 153`a Ln NW /Storm Sewer Pipe Extension ......................................... ............................... 2 Accept Donation/North Metro Soccer Association/12 -31 /Sports Complex /3535 —161st Avenue NW (See Resolution R027- 13) ............................................... ............................... 2 Approve Resolution/Request MnDOT to Conduct Speed Study /165th Avenue NW, West of 7th Ave (See Resolution R028- 13) ...................................................... ............................... 2 Approve Classification and Sale of Tax Forfeit Properties (See Resolution R029- 13) .............. 2 Accept the Dedication of a Drainage and Utility Easement — Christian Brothers Automotive — 1716 Bunker Lake Boulevard NW ....................................................... ............................... 3 Accept Resignation/Approve Hiring — Receptionist .................................... ............................... 3 Consider Approval /Extension of Liquor License /Tanners Station .............. ............................... 3 Approve Purchase Agreement /1929 Crosstown Blvd NW .......................... ............................... 3 Approve 2013 Residential Recycling Agreement with Anoka County ....... ............................... 3 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 3 DISCUSS AWARDING BID /11- 47/174' AVE NW, HEATHER ST NW & 173RD LN NW (See ResolutionR030 -13) ................................................................................... ............................... 3 PUBLIC HEARINGNACATION OF EASEMENT /17446 & 17480 BUTTERNUT STREET NW (See Resolutions R031 -13 & R032- 13) ............................................... ............................... 4 ACCEPT THE DEDICATION OF DRAINAGE AND UTILITY EASEMENTS /17446 & 17480 BUTTERNUT STREET .............................................................................. ............................... 5 PUBLIC HEARING /PRIVATE KENNEL LICENSE /3420 — 156TH AVENUE NW .................... 5 SCHEDULE MAY EDA MEETING .............................................................. ............................... 6 ADMINISTRATOR'S REPORT ..................................................................... ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 7 Coon Creek Watershed Board Applications ................................................ ............................... 7 League of Women Voters ............................................................................ ............................... 7 RecyclingDay .............................................................................................. ............................... 7 CityWide Garage Sale Weekend ................................................................. ............................... 7 Mayor Prayer Breakfast ............................................................................... ............................... 7 AndoverPet Clinic ....................................................................................... ............................... 7 Regular Andover City Council Meeting Minutes —April 16, 2013 Page 9 ADJOURNMENT............................................................................................ ............................... 7 1 2 3 4 5 6 7 8 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 ANDOVER BOARD OF REVIEW APRIL 22, 2013 — MINUTE'S--, The Annual Board of Review was called to order by Mayor Mike Gamache at 7:00 p.m., Thursday, April 22, 2013, at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmembers absent: Appointed Board Member: Also Present: Sheri Bukkila, Julie Tru, Mike Knight Jim Dickinson Jason Dagastino, Anoka John Leone, Anoka Cou Molly Johnson, Anoka and Tony Residential Assessor mercial Assessor Mayor Gamache noted that official notices of the public meeting had been sent to the homes of residents and is posted outside the Council Chambers. He explained the purpose of the meeting and advised that they would only review assessments from the current year. Jason Dagastino, Anoka County Residential Assessor, reported that evaluation notices were sent out in March and he received 16 calls, Last year =1 8 calls were received. He stated they reviewed 2,632 properties in 2012 and of the 16 calls he received, 9 reviews were conducted. Included in the number of properties reviewed were 79 new homes and townhomes. He reported that in 2013 there were,224 good arms length residential sales, a few more foreclosure sales, 148, than the previous year _He stated that overall the value of property within Andover decreased 2.1 percent, compared to a decreaseof3.6 percent the previous year. Councilmember Trude commented that she was pleased to see all the information included in the packet. She was pleased with the information and hopeful that the values will start to rise with new construction within the City. John Leone, Anoka County Commercial Assessor, discussed some of the commercial transactions that had taken place in the past year in Andover and other vacant commercial properties in neighboring cities. Mayor Gamache asked if there were any questions from the Council, noted there were no residents in the audience, and thanked the assessors for their time. 1 2 3 4 5 6 7 8 9 Andover Board of Review Meeting Minutes —April 22, 2013 Page 2 ADJOURNBOARD OF REVIEW Motion by Councilmember Trude, Seconded by Councilmember Howard, to close the Board of Review meeting. Motion carried unanimously. The meeting adjourned at 7:23 p.m. Respectfully submitted, Sue Osbeck, TimeSaver Off Site Secretarial, Inc. r1� 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: May 7, 2013 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $86,809.00 on disbursement edit list #1- 6 from 04/12/13 — 05/02/13 have been issued and released. Claims totaling $78,215.36 on disbursement edit lists #7 dated 05/07/13 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 $165,024.36. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, V -7 "- Lee Brezinka Attachments: Edit Lists Accounts Payable Computer Check Proof List by Vendor User: LBrezinka Printed: 04/12/2013 - 12:58PM Batch: 00511.04.2013 Invoice No Description Vendor: AnkColO Anoka Co Highway Eng Fee Review Check Total: Total for Check Run: Total of Number of Checks: AP- Computer Check Proof List by Vendor (04/12/2013 - 12:58 PM) Amount Payment Date Acct Number Check Sequence: 1 150.00 04/12/2013 4140 - 49300 -63010 150.00 150.00 1 DO►VVER Reference ACH Enabled: False Page 1 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 04/18/2013 - 10:13AM Batch: 00417.04.2013 Invoice No Description Vendor: TCPowdCt Twin City Powder Coating 10729 Scoreboard Cage Powder Coating Check Total: Total for Check Run: Total of Number of Checks: AP- Computer Check Proof List by Vendor (04/18/2013 - 10:13 AM) 4t:�- - Amount Payment Date Acct Number Check Sequence: 1 1,767.56 04/18/2013 4150- 49300 -63010 1,767.56 1,767.56 1 Reference ACH Enabled: False -4 Page 1 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 04/18/2013 - 3:28PM Batch: 00415.04.2013 Invoice No Description ell3 Amount Payment Date Acct Number Reference ';. Vendor: AbleHose Able Hose And Rubber Check Sequence: 1 ACH Enabled: False 1- 848354 Fire Hose 365.12 04/18/2013 5200- 48200 -61105 Check Total: 365.12 Vendor: Allinal Allina Hospitals & Clinics Check Sequence: 2 ACH Enabled: False II10016881 2nd Qtr Apr - June 2013 Medical Directorship 532.41 04/18/2013 0101 - 42200 -63010 Check Total: 532.41 Vendor: AncomTec Ancom Technical Center Check Sequence: 3 ACH Enabled: False 36694 Install Radio in Unit #569 335.00 04/18/2013 6100 - 48800 -63135 36694 Install Radio in Unit #569 34.50 04/18/2013 6100- 48800 -61115 Check Total: 369.50 Vendor: AnkChamb Anoka Area Chamber of Comm Check Sequence: 4 ACH Enabled: False 18778 April 2013 Monthly Chamber Luncheon 15.00 04/18/2013 2110 - 46500 -61310 Check Total: 15.00 Vendor: AnkCol9 Anoka Co CDBG Check Sequence: 5 ACH Enabled: False Revolving Loan Payments- S.Lyke 640.00 04/18/2013 2120 - 46500 -58100 Check Total: 640.00 Vendor: Boyerl Boyer Truck Parts Check Sequence: 6 ACH Enabled: False 732840 Parts for Unit #198 26.07 04/18/2013 6100 - 48800 -61115 732840X1 Solenoid for Unit #198 74.06 04/18/2013 6100 - 48800 -61115 CM722065 Returned Oil Seal -33.23 04/18/2013 6100 - 48800 -61115 Check Total: 66.90 Vendor: BudgLigh Budget Lighting, Inc. Check Sequence: 7 ACH Enabled: False AP- Computer Check Proof List by Vendor (04/18/2013 - 3:28 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 00545283 Bulbs 764.36 04/18/2013 2130 - 44400 -61120 00545283 Bulbs -98.00 04/18/2013 2130- 00000 -20301 00545283 Bulbs 764.36 04/18/2013 2130- 44300 -61120 Check Total: 1,430.72 Vendor: ClassC Class C Components Inc. Check Sequence: 8 ACH Enabled: False 116026 Windex/Trash Bags/Wiper Counter Cloth 364.45 04/18/2013 2130 -44000 -61020 Check Total: 364.45 Vendor: Comcast Comcast Check Sequence: 9 ACH Enabled: False 877210501013393 High Speed Internet 120.95 04/18/2013 0101 - 41910 -62030 877210501013393 High Speed Internet 120.95 04/18/2013 0101 - 41930 -62030 Check Total: 241.90 Vendor: CorvalCo Corval Constructors, Inc Check Sequence: 10 ACH Enabled: False 801854 Blew Out Condensate & Humidifier Drain 268.75 04/18/2013 0101- 41910 -63105 801969 Repair Parking Garage Exhaust 2,942.25 04/18/2013 0101 - 41930 -63105 802114 Boiler Repair 1,792.70 04/18/2013 2130 - 44400 -61120 802114 Boiler Repair 1,380.00 04/18/2013 2130 - 44300 -61120 802114 Boiler Repair 1,935.79 04/18/2013 2130 - 44000 -61120 Check Total: 8,319.49 Vendor: CrowRive Crow River Farnt Equipment Check Sequence: l l ACH Enabled: False 159419 Tools /Aluttt/Tubing & Sp Holders 688.06 04/18/2013 0101 - 45000 -61105 159844 Tubing & Hole Saw 236.00 04/18/2013 0101 - 43300 -61005 159844 Tubing & Hole Saw 321.57 04/18/2013 0101 - 41930 -61205 159976 Angle 59.89 04/18/2013 0101 - 43100 -61020 Check Total: 1,305.52 Vendor: Crysteel Crysteel Truck Equipment Check Sequence: 12 ACH Enabled: False FP150626 Parts for Unit 4599 303.22 04/18/2013 6100- 48800 -61115 Check Total: 303.22 Vendor: CubFoods Cub Foods Coon Rapids Check Sequence: 13 ACH Enabled: False 36092 Popcorn for Home Show 28.00 04/18/2013 2130 -44100 -61245 Check Total: 28.00 Vendor: Dalco Dalco Check Sequence: 14 ACH Enabled: False AP- Computer Check Proof List by Vendor (04/18/2013 - 3:28 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 2592037 Multi Surface Cleaner 132.87 04/18/2013 2130 -44000 -61020 Check Total: 132.87 Vendor: EliteSan Elite Sanitation Check Sequence: 15 ACH Enabled: False 21023 Portable Toilet Rental 293.88 04/18/2013 0101 - 45000 -62200 21061 Portable Toilet Rental 395.00 04/18/2013 0101 - 45000 -62200 Check Total: 688.88 Vendor: EnvEquip Environmental Equipment Check Sequence: 16 ACH Enabled: False 10307 Parts for Unit #171 82.06 04/18/2013 6100 - 48800 -61115 Check Total: 82.06 Vendor: FIRE F.I.R.E. Check Sequence: 17 ACH Enabled: False 178 Pumping/Hydrants Training 700.00 04/18/2013 0101 - 42200 -61315 Check Total: 700.00 Vendor: FIRE -DM F.I.R.E. Check Sequence: 18 ACH Enabled: False 08603 Asbestos Inspection for Stop -N -Shop 600.00 04/18/2013 4501- 49300 -63005 Check Total: 600.00 Vendor: FletPrid FlcetPride Truck & Trailer Parts Check Sequence: 19 ACH Enabled: False 53333333 Parts for Unit #13159 -49.00 04/18/2013 4180- 00000 -20301 53333333 Parts for Unit #13159 768.36 04/18/2013 4180 - 49300 -65600 Check Total: 719.36 Vendor: G &K G &K Services Check Sequence: 20 ACH Enabled: False 1182468825 Uniform Cleaning 72.45 04/18/2013 0101- 45000 -61020 1182468825 Uniform Cleaning 24.12 04/18/2013 6100 - 48800 -61020 1182468825 Uniform Cleaning 48.29 04/18/2013 5200- 48200 -61005 1182468825 Uniform Cleaning 169.05 04/18/2013 0101- 43100 -61020 1182468825 Uniform Cleaning 24.16 04/18/2013 0101 - 43300 -61020 1182468825 Uniform Cleaning 24.16 04/18/2013 5100- 48100 -61005 1182468826 Floor Mat Rental 54.19 04/18/2013 0101- 41930 -62200 1182468827 Floor Mat Rental 36.94 04/18/2013 0101 - 41910 -62200 Check Total: 453.36 Vendor: GovConn GovConnection, Inc. Check Sequence: 21 ACH Enabled: False 50076864 Computer Monitor 129.03 04/18/2013 0101 - 41420 -61225 AP- Computer Check Proof List by Vendor (04/18/2013 - 3:28 PM) Page 3 1 Invoice No Description Amount Payment Date Acct Number Reference AP- Computer Check Proof List by Vendor (04/18/2013 - 3:28 PM) Page 4 Check Total: 129.03 Vendor: HagforsT Ted Hagfors Inc. Check Sequence: 22 ACH Enabled: False 201305 2013 Electrical Inspections 2,038.87 04/18/2013 0101- 42300 -63005 Check Total: 2,038.87 Vendor: HopeHave Hope Haven, Inc. Check Sequence: 23 ACH Enabled: False 13721 Painted Stakes 192.47 04/18/2013 0101- 41600 -61005 13721 Nightingale St Reconstruction 249.43 04/18/2013 4140 - 49300 -61020 13721 Painted Stakes 1,127.09 04/18/2013 0101 - 43200 -61020 13721 174th Ave/Heather St/173rd Ln 249.43 04/18/2013 4140 - 49300 -61020 13721 2013 Street Reconstruction 249.43 04/18/2013 4140- 49300 -61020 Check Total: 2,067.85 Vendor: LanoEqui Lane Equipment, Inc. Check Sequence: 24 ACH Enabled: False 02 -6177 Fittings for Unit #09-589 140.28 04/18/2013 4180- 49300 -65600 Check Total: 140.28 Vendor: LittleFa Little Falls Machine, Inc. Check Sequence: 25 ACH Enabled: False 00050996 Parts for Units #11207/ #206 & #205 1,358.24 04/18/2013 6100 - 48800 -61115 Check Total: 1,358.24 Vendor: LOCATO Locators & Supplies, Inc. Check Sequence: 26 ACH Enabled: False 021 1622 -IN Cones for Emergency Sign Trailer 1,739.92 04/18/2013 4180 - 49300 -61020 Check Total: 1,739.92 Vendor: MacQueen MacQueen Equipment Inc. Check Sequence: 27 ACH Enabled: False 2132340 Elgin GB Master Pack 2,692.18 04/18/2013 0101 - 43100 -61125 2132553 Swivel Joint for Unit 499 316.83 04118/2013 6100- 48800 -61115 Check Total: 3,009.01 Vendor: Marath -A Marathon - Andover Check Sequence: 28 ACH Enabled: False 50 Nov 2012 - April 17, 2013 Car Washes 48.44 04/18/2013 0101 - 42300 -61020 50 Nov 2012 - April 17, 2013 Car Washes 6.92 04/18/2013 0101- 41600 -61020 Check Total: 55.36 Vendor: MarlinBk Marlin Business Bank Check Sequence: 29 ACH Enabled: False AP- Computer Check Proof List by Vendor (04/18/2013 - 3:28 PM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference 11610769 Savin Copier Lease 212.09 04/18/2013 0101 - 41930 -62200 Check Total: 212.09 Vendor: Menards Menards Check Sequence: 30 ACH Enabled: False 18945 Paint Supplies 71.02 04/18/2013 0101 - 45000 -61020 19517 Treated 4 X4,2 X 8 & 2 X 4 266.57 04/18/2013 0101 - 45000 -61020 19631 2 X 10 Cedar 191.43 04/18/2013 0101- 45000 -61020 19690 Cedar 214.69 04/18/2013 0101 - 45000 -61020 20041 Treated 2 X 10 & 2 x 12 249.32 04/18/2013 0101 - 45000 -61020 20147 Paint Supplies 22.05 04/18/2013 0101 - 45000 -61020 20199 Misc. supplies 115.02 04/18/2013 0101 - 43100 -61020 21258 Prof Spray Rustol 23.25 04/18/2013 6100- 48800 -61020 Check Total: 1,153.35 Vendor: MetSales Metro Sales Incorporated Check Sequence: 31 ACH Enabled: False 516876 99.39 04/18/2013 0101 - 41600 -62200 516876 194.39 04/18/2013 0101- 42300 -62200 516876 178.51 04/18/2013 2130 - 44000 -62200 516876 123.79 04/18/2013 0101 - 42200 -62200 516876 99.40 04/18/2013 0101 - 41500 -62200 516876 99.40 04/18/2013 0101- 42300 -62200 516876 99.39 04/18/2013 2210- 41600 -62200 Check Total: 894.27 Vendor: NoStSign North Star Signs & Engraving Check Sequence: 32 ACH Enabled: False 14163 Name Plate for Mary Jane 18.00 04/18/2013 0101 - 41230 -61005 14163 Name Plate for Mary Jane -1.00 04/18/2013 0101 - 00000 -20301 Check Total: 17.00 Vendor: NoStTowi North Star Towing, Inc. Check Sequence: 33 ACH Enabled: False 29254 Tow Unit #132 181.69 04/18/2013 6100 - 48800 -61115 Check Total: 181.69 Vendor: PrintCen Print Central Check Sequence: 34 ACH Enabled: False 98344 Door Hangers for Mailbox Requirements 98.28 04/18/2013 0101 - 43100 -61005 Check Total: 98.28 Vendor: Profonna Proforma Marketing Incentives Check Sequence: 35 ACH Enabled: False AP- Computer Check Proof List by Vendor (04/18/2013 - 3:28 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference 90B2900455 T -Shirts 192.00 04/18/2013 0101 - 43100 -61020 9082900455 T -Shirts 192.00 04/18/2013 5100- 48100 -61005 90B2900455 T -Shirts 192.00 04/18/2013 5200- 48200 -61005 9082900455 T -Shirts 192.00 04/18/2013 6100 - 48800 -61020 9082900455 T -Shirts 192.00 04/18/2013 0101- 45000 -61020 Check Total: 960.00 Vendor: RedPwrDi Red Power Diesel Service, Inc. Check Sequence: 36 ACH Enabled: False B8402 Parts to Repair Unit #4800 75.70 04/18/2013 6100- 48800 -61115 B8402 Labor to Repair Unit #4800 468.95 04/18/2013 6100- 48800 -63135 Check Total: 544.65 Vendor: Rosenqui Rosenquist Construction Inc. Check Sequence: 37 ACH Enabled: False 15049M Roof Leak @ Fire Station #1 516.00 04/18/2013 0101- 41920 -63105 Check Total: 516.00 Vendor: SCHARB Scharber & Sons Check Sequence: 38 ACH Enabled: False P10152 Mount for Blower Turbin 1,827.56 04/18/2013 4180- 49300 -65600 Check Total: 1,827.56 Vendor: SuburbLa Suburban Lawn Center Check Sequence: 39 ACH Enabled: False P04125 Blower for Unit #13180 225.68 04/18/2013 0101- 43100 -61020 Check Total: 225.68 Vendor: Courier The Courier Check Sequence: 40 ACH Enabled: False 48167 Ad for Spring Recycling Day 180.00 04/18/2013 0101 - 46000 -63025 Check Total: 180.00 Vendor: Timesave Timesaver Check Sequence: 41 ACH Enabled: False M19708 City Council Meeting 513.60 04/18/2013 0101 - 41100 -63005 M19708 Park & Recreation Commission Meeting 196.08 04/18/2013 0101 - 45000 -63005 M19708 Open Space Meeting 129.00 04/18/2013 0101- 41500 -63005 Check Total: 838.68 Vendor: Truckali Truckaline - Check Sequence: 42 ACH Enabled: False 0025125 Labor to Repair Unit #205 482.00 04/18/2013 6100 - 48800 -63135 0025125 Parts to Repair Unit #205 767.79 04/18/2013 6100 - 48800 -61115 AP- Computer Check Proof List by Vendor (04/18/2013 - 3:28 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference AP- Computer Check Proof List by Vendor (04/18/2013 - 3:28 PM) Page 7 Check Total: 1,249.79 Vendor: USEnergy U.S. Energy Services, Inc. Check Sequence: 43 ACH Enabled: False 5852862 Community Center 11,126.25 04/18/2013 2130 -44000 -62015 5950574 Public Works 3,558.78 04/18/2013 0101 - 41930 -62015 Check Total: 14,685.03 Vendor: UnigPavi Unique Paving Materials Co Check Sequence: 44 ACH Enabled: False 226406 Cold Patch Mix 148.29 04/18/2013 0101 - 43100 -61125 226450 Cold Patch Mix 148.29 04/18/2013 0101- 43100 -61125 226544 Cold Patch Mix 177.68 04/18/2013 0101 - 43100 -61125 226546 Cold Patch Mix 181.69 04/18/2013 0101 - 43100 -61125 Check Total: 655.95 Vendor: VanceBro Vance Brothers, Inc. Check Sequence: 45 ACH Enabled: False 24098 UPM Patch Mix 64.13 04/18/2013 0101 - 43100 -61125 Check Total: 64.13 Vendor: WasMgmt2 Waste Management - Blaine Check Sequence: 46 ACII Enabled: False 6491776- 0500 -7 March 2013 Recycling Center 253.41 04/18/2013 0101 - 46000 -63010 6498140- 0500 -9 March 2013 Plastic & Alum Recycling 542.52 04/18/2013 0101 - 46000 -63010 Check Total: 795.93 Vendor: WestSuE West Star Electric Check Sequence: 47 ACH Enabled: False 2013 -00569 Refund for Partial Electrical Permit 45.00 04/18/2013 0101- 42300 -52230 Check Total: 45.00 Vendor: ZahlPet Zahl - Petroleum Maintenance Check Sequence: 48 ACH Enabled: False 0187808 -IN Repair for Unit #313 275.13 04/18/2013 6100 - 48800 -61115 0187808 -IN Labor for Repairs on Unit #313 331.25 04/18/2013 6100 - 48800 -63135 Check Total: 606.38 Vendor: ZEP ZEP Sales & Service Check Sequence: 49 ACH Enabled: False 9000210277 Zep Concentrated TNT 5 Gal 197.74 04/18/2013 0101- 42200 -61020 Check Total: 197.74 Vendor: Ziegler Ziegler, Inc. Check Sequence: 50 ACH Enabled: False AP- Computer Check Proof List by Vendor (04/18/2013 - 3:28 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference E5992457 Service Contract 610.00 04/18/2013 5100- 48100 -62300 E6234654 Service Contract for Lift Station #1 199.00 04/18/2013 5200- 48200 -62300 E7259128 Service Contract for Lift Station #4 269.00 04/18/2013 5200- 48200 -62300 Check Total: 1,078.00 Total for Check Run: 54,924.52 Total of Number of Checks: 50 AP- Computer Check Proof List by Vendor (04/18/2013 - 3:28 PM) Page 8 Accounts Payable Computer Check Proof List by Vendor i I r r ° F DOR User: BrendaF Printed: 04/26/2013 - 10:54AM Batch: 00426.04.2013 Invoice No Description Amount Payment Date Acct Number Reference Vendor: CMTDiver CMT Diversified Janitorial Svc Check Sequence: 1 ACH Enabled: False 1545 Monthly Cleaning Service 1,514.95 04/2612013 0101- 41910 -63010 1545 Monthly Cleaning Service 1,334.60 04/26/2013 0101 - 41930 -63010 1545 Monthly Cleaning Service 757.48 04/26/2013 0101 - 41920 -63010 1556 Strip /Wax Floors at City Hall & Public Works 566.44 04/26/2013 0101 - 41910 -63105 Check Total: 4,173.47 Vendor: CCWD Coon Creek Watershed District Check Sequence: 2 ACH Enabled: False Nightingale St. Reconstruction 710.00 04/26/2013 4140- 49300 -63010 Check Total: 710.00 Vendor: IRS Internal Revenue Service Ctr Check Sequence: 3 ACH Enabled: False 2013 1 st Quarterly Federal Tax Return 375.08 04/26/2013 0101- 41400 -60210 Check Total: 375.08 Total for Check Run: 5,258.55 Total of Number of Checks: 3 AP- Computer Check Proof List by Vendor (04/26/2013 - 10:54 AM) Page I Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 04/30/2013 - 8:16AM Batch: 00430.04.2013 Invoice No Description �s Amount Payment Date Acct Number Vendor: AnkCo10 Anoka Co Highway Nightingale St Reconstruction 150.00 Check Total: 150.00 Total for Check Run: 150.00 Total of Number of Checks: 1 Check Sequence: 1 04/30/2013 4140 - 49300 -63010 Reference ACH Enabled: False AP- Computer Check Proof List by Vendor (04/30/2013 - 8:16 AM) Page 1 Accounts Payable ��v Computer Check Proof List by Vendor MOV90 User: LBrezinka Printed: 05/02/2013 - 1:30PM Batch: 00001.05.2013 Invoice No Description Amount Payment Date Acct Number Reference Vendor: Betterle Betterley Industries, Inc. Check Sequence: 1 ACH Enabled: False 67986 Amana1 /2,1/4 76.57 05/02/2013 0101 - 41930 -61205 Check Total: 76.57 Vendor: CrowRive Crow River Farm Equipment Check Sequence: 2 ACH Enabled: False 160028 1/4 rebar, 3/8 rebar 74.90 05/02/2013 0101- 45000 -61020 Check Total: 74.90 Vendor: DelmOil Dehn Oil Company Check Sequence: 3 ACH Enabled: False 27690 225 gal gas 750.38 05/02/2013 6100 -48800 -61045 27691 1000 gal diesel 3,735.00 05/02/2013 6100 - 48800 -61050 Check Total: 4,485.38 Vendor: DellaDcn Delta Dental ol'Minnesota Check Sequence: 4 ACH Enabled: False 5114326 May Dental 3,591.85 05/02/2013 0101- 00000 -21208 5114326 May - Volk/Neumeister/Russel 167.95 05/02/2013 7100- 00000 -21218 Check Total: 3,759.80 Vendor: Fastenal Fastenal Company Check Sequence: 5 ACH Enabled: False MNTC896421 Jobber /cotter pin 74.88 05/02/2013 6100 - 48800 -61020 Check Total: 74.88 Vendor: FlatRkGe Flat Rock Geographies Check Sequence: 6 ACH Enabled: False 616 2013 setup for Sign / Pavement Mgmt 2,000.00 05/02/2013 0101- 43300 -62305 616 2013 setup for Sign / Pavement Mgmt 2,000.00 05/02/2013 0101 - 41600 -62305 617 2013 Software Mntce 300.00 05/02/2013 5200 -48200 -62305 617 2013 Software Mntce 300.00 05/02/2013 5100- 48100 -62305 617 2013 Software Mntce 600.00 05/02/2013 0101 - 41600 -62305 617 2013 Software Mntce 600.00 05/02/2013 0101- 43300 -62305 AP- Computer Check Proof List by Vendor (05/02/2013 - 1:30 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference AP- Computer Check Proof List by Vendor (05/02/2013 - 1:30 PM) Check Total: Vendor: FreedFen Freedom Fence Inc. 13032 180.00 Fence Repair - Pine Hills Park 05/02/2013 0101- 42200 -61020 Check Total: Vendor: G &K G &K Services 1182357104 mats Check Total: Vendor: HansonSt Stephanie Hanson Check Sequence: 8 ACH Flex Benefits False 82.57 Check Total: Vendor: HotsyEqu Hotsy Equipment of MN 42484 Wand Dual w/ Trigger Check Total: Vendor: LegShiel Legal Shield May 13 May 13 Check Sequence: 9 ACH Check Total: Vendor: Litticl7a Little Falls Machine, Inc. 51068 0101 - 00000 -21211 stock supplies 51120 #202 Jack assembly Check Total: Vendor: Menards Menards 19191 weight room 20758 ACH emergency trailer items 20931 78.92 pve pipe 21238 6100 -48800 -61115 pvc cap Check Total: Vendor: Microsof Microsoft Corporation C10003CZEN 04/2013 AP- Computer Check Proof List by Vendor (05/02/2013 - 1:30 PM) Page 2 Check Sequence: 7 ACH Enabled: False 180.00 05/02/2013 0101- 42200 -61020 180.00 Check Sequence: 8 ACH Enabled: False 82.57 05/02/2013 5100- 48100 -62200 82.57 Check Sequence: 9 ACH Enabled: False 500.00 05/02/2013 0101 - 00000 -21211 500.00 Check Sequence: 10 ACH Enabled: False 78.92 05/02/2013 6100 -48800 -61115 78.92 Check Sequence: 11 ACH Enabled: False 213.85 05/02/2013 0101- 00000 -21219 213.85 Check Sequence: 12 ACH Enabled: False 269.93 05/02/2013 6100- 48800 -61115 399.14 05/02/2013 6100- 48800 -61115 669.07 Check Sequence: 13 ACH Enabled: False 19.63 05/02/2013 0101- 41930 -61025 53.19 05/02/2013 0101 - 43100 -61005 22.43 05/02/2013 0101- 43100 -61020 34.16 05/02/2013 0101 - 43100 -61020 129.41 Check Sequence: 14 ACH Enabled: False 280.00 05/02/2013 0101- 41420 -61320 Page 2 Invoice No Description Amount Payment Date Acct Number Reference AP- Computer Check Proof List by Vendor (05/02/2013 - 1:30 PM) Page 3 Check Total: 280.00 Vendor: NCPERS NCPERS Group Life Ins: Mi Check Sequence: 15 ACH Enabled: False 05/2013 may 13 16.00 05/02/2013 7100- 00000 -21218 05/2013 may 13 176.00 05/02/2013 0101 - 00000 -21205 Check Total: 192.00 Vendor: Praxair Praxair Distribution Inc. Check Sequence: 16 ACH Enabled: False 45753380 match 2013 1,025.81 05/02/2013 0101 - 41930 -61105 Check Total: 1,025.81 Vendor: TurleyR Ron Turley Associates, Inc. Check Sequence: 17 ACFI Enabled: False 39188 2013 Software Maintenance 1,318.00 05/02/2013 6100- 48800 -62305 39188 2013 Software Maintenance -18.00 05/02/2013 6100- 00000 -20301 Check Total: 1,300.00 Vendor: SnapOn Snap -On Industrial Check Sequence: 18 ACI I Enabled: False 19517036 scaler 167.10 05/02/2013 6100- 48800 -61205 Check Total: 167.10 Vendor: UnigPavi Unique Paving Materials Co Check Sequence: 19 ACH Enabled: False 226675 cold mix 146.95 05/02/2013 0101- 43100 -61125 Check Total: 146.95 Vendor: VanccBro Vance Brothers, Inc. Check Sequence: 20 ACH Enabled: False 24113 CRS -2 / tar buster 1,132.07 05/02/2013 0101 - 43100 -61125 Check Total: 1,132.07 Vendor: WellsFar Wells Fargo Bank Check Sequence: 21 ACH Enabled: False MC Mar /Apr 13 MC -Home Depot /Riccar 864.24 05/02/2013 0101 - 45000 -61020 MC Mar /Apr 13 MC -Star Tribune 13.96 05/02/2013 OI01- 41200 -61325 MC Mar /Apr 13 MC -Cty Collaboration Mtg 11.13 05/02/2013 0101 - 41200 -61310 MC Mar /Apr 13 MC- Subway Council Wkshop 89.99 05/02/2013 0101 - 42200 -61020 MC Mar /Apr 13 MC- Active9ll 385.00 05/02/2013 0101 - 42200 -61020 MC Mar /Apr 13 MC -Arson Conf 179.70 05/02/2013 0101- 42200 -61310 IvIC Mar /Apr 13 MC -Arson Con£ 260.00 05/02/2013 0101 - 42200 -61315 MC D4ar /Apr 13 MC- Northem Tool snow plow light 204.67 05/02/2013 6100- 48800 -61115 MC Ivlar /Apr 13 MC -!owes 24.04 05/02/2013 0101 - 41930 -61120 AP- Computer Check Proof List by Vendor (05/02/2013 - 1:30 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference MC Mar /Apr 13 MC -Hayes Instruments 371.17 05/02/2013 0101- 41600 -61005 MC Mar /Apr 13 MC- MNArboriculture 40.00 05/02/2013 0101- 41600 -61315 MC Mar /Apr 13 MC- Engineering News 29.95 05/02/2013 0101- 41600 -61325 MC Mar /Apr 13 MC -All Staff 28.76 05/02/2013 0101- 41200 -61310 MC Mar /Apr 13 MC -N Metro Chamber 580.00 05/02/2013 2110 - 46500 -61005 MC Mar/Apr 13 MC-Loopnet Inc 89.95 05/02/2013 2110- 46500 -61320 MC Mar /Apr 13 MC -ECM Summer Concessions 159.40 05/02/2013 0101- 41975 -63025 MC Mar /Apr 13 MC -Radco #1391 / Menards 4172 192.36 05/02/2013 6100 - 48800 -61115 MC Mar /Apr 13 MC- Callcm All 35.00 05/02/2013 0101- 43200 -61325 MC Mar /Apr 13 MC- Vending 53.34 05/02/2013 7100 - 00000 -24208 MC Mar /Apr 13 MC -Best Buy/ Microsoft / Ring Central / CBI Ai 331.58 05/02/2013 0101- 41420 -61225 MC Mar /Apr 13 MC -Bills Propane 42.83 05/02/2013 0101- 43100 -61020 MC Mar /Apr 13 MC- Menards / Home Depot 202.02 05/02/2013 5100- 48100 -61105 Check Total: 4,189.09 Total for Check Run: 24,558.37 Total of Number of Checks: 21 AP -Co nputer Check Proof List by Vendor (05/02/2013 - 130 PM) Page 4 Accounts Payable Computer Check Proof List by Vendor User: LBrezinka Printed: 05/02/2013 - 3:09PM Batch: 00407.05.2013 Invoice No Description �1 Amount Payment Date Acct Number Reference Vendor: AnkCo03 Anoka Cc Check Sequence: 1 ACH Enabled: False Prop Tax 2013 33- 32 -24 -13 -0046 21,650.98 05/07/2013 4501- 49300 -63010 Solid Waste -13 FS #1 33- 32 -24 -14 -0038 155.53 05/07/2013 0101 - 41920 -62020 Solid Waste -13 Northglen 32- 32 -24 -13 -0044 53.23 05/07/2013 0101 - 45000 -62020 Solid Waste -13 Water Tower 32- 32 -24 -12 -0072 172.86 05/07/2013 5100- 48100 -62020 Solid Waste -13 Sunshine Park 22- 32 -24 -43 -0002 53.23 05/07/2013 0101 - 45000 -62020 Solid Waste -13 Barnes Rolling Oaks 25- 32 -24 -22 -0011 53.23 05/07/2013 0101 - 45000 -62020 Solid Waste -13 Pub Works 22- 32 -24 -42 -0015 69.14 05/07/2013 0101 - 41930 -62020 Solid Waste -13 WTP 22- 32 -24 -42 -0003 545.16 05/07/2013 5100- 48100 -62020 Solid Waste -13 City Hall 22- 32 -24 -41 -0006 545.16 05/07/2013 0101- 41910 -62020 Solid Waste -13 Comm Ctr 22- 32 -24 -41 -0003 545.16 05/07/2013 2130 - 44000 -62020 Solid Waste -13 Quad 33- 32 -24 -13 -0041 69.14 05/07/2013 4501- 49300 -62020 Solid Waste -13 22- 32 -24 -34 -0085 53.23 05107/2013 5100- 48100 -62020 Solid Waste -13 40 Acre Woods 17- 32 -24 -13 -0003 53.23 05/07/2013 0101- 45000 -62020 Solid Waste -13 FS #2 13- 32 -24 -32 -0007 155.53 05/07/2013 0101 - 41920 -62020 Check Total: 24,174.81 Vendor: NelsAuto Nelson Auto Center Check Sequence: 2 ACH Enabled: False 33623 2012 GMC Sierra WT Ext Cab 4x4 23,089.27 05/07/2013 5200- 48200 -65400 Check Total: 23,089.27 Vendor: WSB WSB & Associates, Inc. Check Sequence: 3 ACH Enabled: False 1 Mar 13 Fees 4,809.00 05107/2013 7200- 00000 -24203 4 Mar 13 Fees 11,743.00 05/07/2013 4180- 49300 -63005 Check Total: 16,552.00 Vendor: YMCAAnc YMCA of Metro Mpls - Andover Check Sequence: 4 ACH Enabled: False Youth Center Youth Center Oct12- Marl 14,399.28 05/07/2013 0101- 49100 -63900 Check Total: AP- Computer Check Proof List by Vendor (05/02/2013 - 3:09 PM) 14,399.28 _. Page 1 Invoice No Description Amount Payment Date Acct Number Total for Check Run: 78,215.36 Total of Number of Checks: 4 Reference AP- Computer Check Proof List by Vendor (05/02/2013 - 3:09 PM) Page 2 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 i ks /City Engineer SUBJECT: Approve Joint Powers Agreement/10- 23/Dog Park at Bunker Hills Regional Park - Engineering DATE: May 7, 2013 INTRODUCTION The City Council is requested to approve the Joint Powers Agreement (JPA) with the City of Coon Rapids and Anoka County for the construction and maintenance of a Dog Park (City Project 10 -23) located within Bunker Hills Regional Park near the archery range and compost area. DISCUSSION Staff has been working with the City of Coon Rapids and Anoka County on a joint effort to construct and maintain a dog park in Bunker Hills Regional Park. Attached is the JPA that identifies design, construction and maintenance responsibilities for the proposed park. If all three parties approve the JPA the project will move forward with construction in June through July and it is anticipated to be opened to the public sometime soon after. BUDGET IMPACT The City of Andover would contribute labor for construction, share in the construction cost and pay an annual maintenance cost as identified in the JPA. The project cost would be funded by the Park Improvement Fund and the annual maintenance costs would be funded by the Parks Maintenance Budget. ACTION REQUIRED The City Council is requested to approve the Joint Powers Agreement for Project 10 -23, Dog Park located at Bunker Hills Regional Park. Respectfully submitted, David D. Berkowitz Attachments: Joint Powers Agreement Anoka County Contract No. 2013 - JOINT POWERS AGREEMENT FOR DOG PARK AT BUNKER HILLS REGIONAL PARK This Agreement is made and entered into this day of , 2013, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue North, Anoka, Minnesota 55303 ( "County "); the City of Andover, a municipal corporation under the laws of the State of Minnesota, 1685 Crosstown Boulevard NW, Andover, Minnesota 55304 ( "Andover "); and the City of Coon Rapids, a municipal corporation under the laws of the State of Minnesota, 11155 Robinson Drive Northwest, Coon Rapids, Minnesota 55433 ( "Coon Rapids "); and WITNESSETH WHEREAS, Andover, Coon Rapids and the County (hereinafter each individual party may be referred to as "Party," or collectively as "Parties ") share a common interest in providing a dog park for the shared use of their respective residents; and WHEREAS, the Parties agree that the dog park is to be located in Coon Rapids on County park property comprising part of the Bunker Hills Regional Park, at the location depicted in the attached Exhibit A ( "Dog Park Property "); and WHEREAS, it is the desire of the Parties to jointly construct and maintain the dog park to an agreed upon standard: and WHEREAS, a determination has been made by the City Council's of both Andover and Coon Rapids, and the Anoka County Board of Commissioners that sharing in the costs of construction, operation and maintenance of the dog park is beneficial to all Parties and their respective residents; and WHEREAS, pursuant to the provisions provided for herein, the Parties agree that it is in their best interest that the cost of the design, construction and operation of the new dog park facility be shared; and WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the State to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED AS FOLLOWS: PURPOSE The parties have joined together for the purpose of designing, constructing, operating and maintaining a dog park facility to be located on the Dog Park Property within the Bunker Hills Regional Park ( "Project "). II. METHOD A. Design Coon Rapids shall provide all design services to prepare the plans and specifications (which include permits and surveying as necessary) for constructing the Project. Coon Rapids shall not go out for bids until such time as the County and Andover have approved in writing the plans and specifications for the Project. The plans and specifications shall include a detailed design of the Project, including grading, fencing, parking lot, site furnishings, signage, landscaping and surfacing and shall include a detailed cost estimate as identified in Exhibit B. The plans and specifications shall include a line item quantity bid for the specific elements of the Project, which will be used in part to determine the value of any materials as hereinafter provided. B. Bidding /Contract Award Coon Rapids shall call for all bids, accept all bid proposals, and shall cause the construction of the Project in conformance with the approved plans and specifications. Coon Rapids shall not award a contract for the construction of the Project without prior written approval of the County and Andover. III. COSTS A. Construction Costs The contract cost of the work, shall include the cost of all labor, materials, equipment rental and normal engineering costs actually incurred by Coon Rapids with third -party vendors to complete the Project. Andover shall provide labor and equipment to haul, place and compact Class 7 for the Project. The County shall provide and install wayfinding signs and a sign identifying individuals, groups, businesses, etc. that donate funds for the project. County shall also clear and grub trees as necessary and restore all disturbed areas with seed and erosion control measures as necessary. Coon Rapids shall provide reclaimed millings /Class 7 material along with labor and equipment to haul, place and compact as necessary. The Parties may agree to contribute other materials or labor to the project prior to the award of bids. The County may also supply /provide in -kind contributions. B. Payment of Construction Costs Coon Rapids shall be responsible for paying all Construction Costs which include all costs for private contractor fees, billings and out of pocket expenses. The County and Andover shall reimburse Coon Rapids for their respective share of the Construction Costs as follows: (i) Upon completion of the construction of the Project, Coon Rapids shall send Andover an itemized invoice detailing the Construction Costs. Within 30 days of receipt of said invoice, Andover shall pay Coon Rapids one third of the Construction Costs and half of the County's share. (ii) The County shall reimburse Coon Rapids and Andover (each City half of the 2 County's share) for one third of the Construction Costs at such time as the County receives grant funding for the Project, but not later than December 31. 2016. Failure by the County to receive grant funding shall not relieve the County of its obligation to reimburse Coon Rapids and Andover, as set forth herein, no later than December 31, 2016. The Parties agree that the total billable cost of the project shall not exceed $75,000, or $25,000 per party. C. Contractor's Bond and Guaranty Coon Rapids shall be responsible for enforcing any contractor's bond and guaranty on the project. The costs of any such enforcement shall be paid by Coon Rapids, but if any such costs are incurred, two- thirds of such costs shall be reimbursed by Andover (one- third) and County (one third). D. Maintenance and Operations The Parties agree to develop a mutually acceptable maintenance and operations plan before the dog park is opened for public use. This plan will detail all maintenance responsibilities and the cost sharing of such, along with a plan for rules enforcement, policing, hours of use, accommodation of occasional alternative uses of the parking lot, and other maintenance and operational details. Upon completion of the dog park construction and the operations plan development, the County will operate the dog park and provide ongoing maintenance which shall include, but is not limited to mowing, fence repair, parking lot maintenance, site cleanup (trash removal, animal waste, graffiti, vandalism, etc.) which shall include, tree trimming, snowplowing, and snow removal. The Project shall be maintained in such a manner to comply with standards established in the maintenance and operations plan. All Parties shall share equally in the costs of operation and maintenance of the Project, which shall include in -kind costs for staff, supplies, and equipment. Any individual repair or maintenance item in excess $1000 shall require the agreement of all Parties before proceeding. The County shall keep a detailed report on the operation and maintenance costs for the project. On an annual basis, the County shall submit an invoice to Andover and Coon Rapids detailing the operation and maintenance costs for the Project. Both Coon Rapids and Andover shall within 30 days of receipt of said invoice reimburse the County for one third of annual operation and maintenance costs of the Project. The County agrees to not invoice Andover and Coon Rapids for maintenance costs until such time that the County's share of the construction cost is paid. At such time but not later than December 31, 2016 the County will repay each City their share minus the accrued maintenance costs to date of repayment. Although invoices will not be sent the Annual report will be submitted to Andover and Coon Rapids to track maintenance activities and costs. IV, CLOSUREWSE OF PARKING LOT The Parties agree that the County shall retain the right to close the dog park upon notification to Andover and Coon Rapids whenever the County determines that closure is required due to safety hazards, damage to facilities, or other safety or operational 3 issues. The Parties further understand and agree that the dog park parking lot may require occasional use for large archery tournament events or skijoring activities, and that the area comprising the new dog park has a long history of uses by the archery and skijoring communities. The Parties agree that they will fully cooperate on these occasional uses of the parking lot for these other purposes and will make reasonable efforts to accommodate these uses. V. DURATION OF AGREEMENT This agreement shall become effective upon the execution by all Parties listed in Paragraph 1 of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same Agreement. This signed Agreement shall be filed with the County, who shall notify all Parties in writing of its effective date. This Agreement shall continue in full force and effect, automatically renewing annually, unless and until terminated upon written agreement of two - thirds (2/3) of the Parties. VI. INDEMNITY NOTIFICATION Each Party hereto agrees to indemnify, defend and hold harmless the others from any claims, losses, costs, expenses or damages resulting from the acts or omissions of its respective officers, agents, or employees relating to activities conducted under this Agreement. The agreement to indemnify and hold harmless does not constitute a waiver by any Party of limitations on liability provided by Minn. Stat. Chap. 466. To the fullest extent permitted by law, this Agreement is intended to be, and shall be, construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unity' for the purposes of liability, as set forth in Minn. Stat. § 471.59, subd. la(b). Nothing herein shall be construed to waive or limit any immunity availability to any Party, whether set forth in Minn. Stat. Chap. 466 or otherwise. Under no circumstances shall a Party be required to pay on behalf of itself or other Parties, any amounts in excess of the limits of liability established in Minn. Stat. Chap. 466 relative to any third party claim. The statutory limits of liability for some or all of the Parties may not be added together or stacked to increase the maximum amount of liability for any third party claim. VII. NOTICE Any notice required or permitted to be given under this Agreement will be sufficient if in writing and sent by registered or certified mail or hand delivered to the Parties at the address set forth below or at such other place as a Party shall designate in writing by certified or registered mail. 21 Director of Parks and Recreation Anoka County Parks and Recreation Department 550 Bunker Lake Boulevard NW Andover, MN 55304 City of Andover City Clerk City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 City of Coon Rapids City Clerk City of Coon Rapids 11155 Robinson Drive Coon Rapids, MN 55433 VIII. OWNERSHIP /OPERATIONS /MAINTENANCE The County shall own all the improvements comprising the Project and subject to reimbursement as provided herein, shall be responsible for the maintaining, repairing and operating the Project. IX. DISBURSEMENT OF FUNDS All funds disbursed by the County, Andover or Coon Rapids shall be disbursed by each entity pursuant to the method provided by law. X. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be in conformance to the State laws. XI. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. XI 1. ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. 5 IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: COUNTY OF ANOKA By: Rhonda Sivarajah, Chair Anoka County Board of Commissioners Dated: Jerry Soma County Administrator Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney CITY OF ANDOVER Michael R. Gamache, Mayor Dated: By: James Dickinson, City Administrator Dated: CITY OF COON RAPIDS 0 Tim Howe, Mayor Dated: Dated: By: Steve Gatlin, City Manager Dated: {{ d I . 1 O nJ.�' r" � ��} y f amt ,...r.�,.. P `(,• .f-s,•J�'rl'�' i _ .f , I• C•rr r' lY��. 151J'•�1 y VfAr 'Ji' 'li. } r 14 low t �1 �.�M� fl Op ir,�f I '• �. r , i r I � ��d r i � •f, r 3d� n T�' n m n ly M 1 i" � i7 • n - O h:: •,tom,( -. cT D COQ n X C D m N n D;X- � v m m � .� l - D -„ Z . m Existing Skijoring Trail'. .t1K Burlln gton'Northern' ^S'an e tiJal. ei .,, ., .. `ilu' •��^ 1 814 0 16 N a- e'R � w W-1 ac,ty i O's ; ia a .ak. Y � {j� - Vh1 , ( , %;,,,', ,d 'A,ti(' �{, .:�"ly!�. T^• D,yr +'M Y Sft fl.� V Y W .. -. ,�/ �' ",�5 Pr�:: �1 ) � � ,•d' f "�«�[, 45 % P ,1 , r.,� ' +Y.: •. 1 �' nt.y .l��tr t a .'>t, �, .L.,. .rte `..•IS�a•n ':� {{ d I . 1 O nJ.�' r" � ��} y f amt ,...r.�,.. P `(,• .f-s,•J�'rl'�' i _ .f , I• C•rr r' lY��. 151J'•�1 y VfAr 'Ji' 'li. } r 14 low t �1 �.�M� fl Op ir,�f I '• �. r , i r I � ��d r i � •f, r 3d� n T�' n m n ly M 1 i" � i7 • n - O h:: •,tom,( -. cT D COQ n X C D m N n D;X- � v m m � .� l - D -„ Z . m Existing Skijoring Trail'. .t1K Burlln gton'Northern' ^S'an e tiJal. ei .,, ., .. `ilu' •��^ 1 814 0 16 N a- e'R � w W-1 ac,ty i O's ; ia a .ak. Y � {j� - Vh1 , ( , %;,,,', ,d 'A,ti(' �{, .:�"ly!�. T^• D,yr +'M Y Sft fl.� V Y W .. -. ,�/ �' ",�5 Pr�:: �1 ) � � ,•d' EXHIBIT B ENGINEER'S ESTIMATE COON RAPIDS PROJECT 12 -31 BUNKER HILLS DOG PARK 1123/2013 Revised 5/1/2013 NO. DESCRIPTION UNITS QUANTITY UNIT PRICE TOTAL DOG PARK AND PARKING LOT 1 BIO- ROLLS /SILT FENCE LF 250 2.00 500.00 2 CLEARING AND GRUBBING LS 1 ANOKA COUNTY 31 CHAIN LINK FENCE 5' LF 750 8.25 6,187.50 4 4" X 4" HOG WIRE FENCE 4' LF 1665 5.50 9,157.50 5 3' GATE EA 3 260.00 780.00 6 10' GATE EA 2 425.00 850.00 7 GRADING - PARKING LOT, ACCESS ROAD LS 1 ANDOVER AND PLAY AREA LEVELING 8 GEOTEXTILE FABRIC SY 1950 3.001 5,850.00 9 TRUCK IN RECLAIM GRAVEL CY 240 ANDOVER/COON RAPIDS 10 PLACEMENT ONLY OF RECLAIM GRAVEL CY 240 ANDOVER 11 CONCRETE CURB AND GUTTER LF 640 19.001 12,160.00 12 BACKFILL CURB AND GUTTER CY ANDOVER/COON RAPIDS INCIDENTAL TO GRADING - ITEM 7 13 RESTORATION (TOPSOIL & SEEDING) SY 2000 ANOKA COUNTY TOTAL BID SCHEDULE NO. 1 35,485.00 10% CONTINGENCY 5,101.00 PROJECT TOTAL 40,586.00 ADOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David Berkowitz, Director of Publi Wor /City Engineer FROM: Jason Law, Assistant City Engineer SUBJECT: Approve Plans & Specs /Order Advertisement for Bids /12 -28/ Nightingale Street NW Reconstruction - Engineering DATE: May 7, 2013 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 12 -28, Nightingale Street NW Reconstruction. DISCUSSION Plans and specifications have been completed for the Nightingale Street NW Reconstruction project. The project will include reclaiming and repaving Nightingale Street NW from Crosstown Boulevard NW to 161 st Avenue NW, and also construction of an off - street trail on the east side of Nightingale Street NW from Crosstown Boulevard NW to 159th Avenue NW. Minor storm sewer improvements and extension of a water main stub for future development west of Nightingale Street NW will also be included with the project. Plans and Specifications are available for review in the City Engineer's office. BUDGETIMPACT The project costs will be funded through the City's Road and Bridge Fund (reimbursed through MSA funds), Trunk Water Fund, and special assessments to properties fronting along the improvements. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Project 12 -28, Nightingale Street NW Reconstruction. spectfully submitted, Jason J. Law, PE Attachments: Resolution, Project Location Map / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 12 -28, NIGHTINGALE STREET NW RECONSTRUCTION . WHEREAS, pursuant to Resolution No. 015 -13 , adopted by the City Council on the 19t day of February , 2013 , the City Engineer has prepared final plans and specifications for Project No. 12 -28 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7th day of May , 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 8:30 a.m. , Friday, May 31 .2013 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 7t" day of May 2013, with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER voting Michael R. Gamache - Mayor t m 1901 m m m _ C -0 0 15025. i .. __......j 1900 14950 � EXHIBIT 1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City AdministraVWo/City David Berkowitz, Director of Pngineer M-Ilrs FROM: Jason Law, Assistant City Engineer SUBJECT: Approve Plans & Specs /Order Advertisement for Bids /13- 02/2013 Street Reconstruction - Engineering DATE: May 7, 2013 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 13 -02, 2013 Street Reconstruction. DISCUSSION Identified in the City's 2013 -2017 Capital Improvement Plan is reconstruction of the Stenquist Addition and 159`h Avenue NW. 159`h Avenue from Makah Street NW to 7ch Avenue NW will be reconstructed in 2014. The project will include reclaiming the existing bituminous surface, replacing bituminous curb with concrete curb and gutter, minor storm sewer improvements, and paving a new bituminous surface. This has been a very effective reconstruction method since the City began the process back in 1996. The estimated feasibility report assessment rate per unit was $4,770.00. Plans and Specifications are available for review in the City Engineer's office. BUDGETIMPACT The project would be funded from the City's Road & Bridge Fund, with 25% of the total project costs assessed to the benefiting properties as identified in the City's Roadway Reconstruction Assessment Policy. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Project 13 -02, 2013 Street Reconstruction Respectfully submitted, anon J. Law, PE Attachments: Resolution, Project Location Mapes CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 13-02,2013 STREET RECONSTRUCTION . WHEREAS, pursuant to Resolution No. 011 -13 , adopted by the City Council on the 5th day of February , 2013 , the City Engineer has prepared final plans and specifications for Project No. 13 -2 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7th day of MMa r_, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 9:15 a.m. , Friday, May 31 2013 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 7th day of Ma_, 2013 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER voting Michael R. Gamache - Mayor 9r , 1 2013 Street Reconstruction 1�1]OC}V Project Location Map i 16357 4918 4864 4828 -- _....._ 1 ............. .__ .� 16356 4726 4700 4618 16337 ° Project Area Lots/Parcels _. e "a a.All. ✓'un ei ea 5 '� i t1 - � k7OU � 7R5tl ,1 p�i 4� 4981"", ass5 �er� .. � w � _ ', '�. _ O 1 e�� m �V a v 1Ei _ z ,E 16250 , 16200 5006 m 16241 16191 C T Y O F ( i) 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administn David D. Berkowitz, Director c Engineer Approve Easement/13- 2/2013 Street Reconstruction - Engineering May 7, 2013 INTRODUCTION The City Council is requested to approve the attached easement for Project 13 -2, 2013 Street Reconstruction. DISCUSSION Staff has worked with the property owner at 4843 - 160th Lane NW to acquire an easement that covers an area where a new storm sewer pipe will be constructed as part of the 2013 Street Reconstruction project. Currently a storm sewer pipe exists in the easement location which will be replaced with a new pipe. The easement allows the City to construct the pipe and access the pipe for ongoing maintenance. BUDGET IMPACT The easement will be acquired for a cost of $1.00 and will be funded from the project budget. ACTION REQUIRED The City Council is requested to approve the attached easement for Project 13 -2, 2013 Street Reconstruction. Respectfully submitted, David D. Berkowitz Attachments: Easement Document cc: Carl & Lori Haas, 4834 - 1601h Lane NW, Andover PERMANENT DRAINAGE AND UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENT, for valuable consideration, Carl Haas and Lori Haas, husband and wife and as joint tenants, (collectively referred to herein as "Grantor "), hereby grant, sell, and convey to the CITY OF ANDOVER, a Minnesota municipal corporation, Grantee, a permanent easement for drainage and utility purposes, construction purposes, including, without limitation, the construction, maintenance, repair and replacement thereof, and uses incident thereto, in, under and upon the real property, in Anoka County, Minnesota described as follows: A permanent easement for drainage and utility purposes over, under and across the following described property: That part of the East Half of the Northeast Quarter of the Southeast Quarter of Section 13, Township 32, Range 25, Anoka County, Minnesota, lying north of the south 1178.00 feet thereof. Said easement is described as follows: Beginning at the southeast corner of the above said property; thence on assumed bearing of North along the east line of said East Half of the Northeast Quarter of the Southeast Quarter a distance of 15.00 feet to the point of beginning of the easement to be described; thence North 53 degrees 15 minutes 39 seconds West a distance of 32.01 feet; thence North 36 degrees 44 minutes 21 seconds East a distance of 20.00 feet; thence South 53 degrees 15 minutes 39 seconds East a distance of 17.08 feet to the east line of said East Half of the Northeast Quarter of the Southeast Quarter; thence South along said east line a distance of 24.96 feet to the point of beginning. Area of easement = 491 square feet or 0.011 acres. See attached EXHIBIT Further, the right is hereby granted to the Grantee to remove or otherwise dispose of all earth or other material excavated from said easement areas, as the Grantee may find necessary and to remove trees, brush, undergrowth and other obstructions interfering with the location, construction and maintenance of the easements. Grantors covenant that they are the owners of the easement area and have the right, title, and capacity to grant the easement described above. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging or in anyway appertaining to the said Grantee, forever, for said drainage and utility purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of 2013. 3 Total Consideration: $1.00 State Deed Tax Due: None STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this /(.�, day of /; 2013, by Carl Haas and Lori Haas, husband and wife and as joint tenants, who has caused these presents to be executed or have set their hand the day and year first above written. ta 6�= L : iLDE:Y fi4o:ary res J °ublic 1331 2 �Arnnes 96 ct� Notary Public ' NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on 2013, the above described easement in this document. Dated: 2013. CITY OF ANDOVER THIS INSTRUMENT WAS DRAFTED BY: By: City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Telephone: 763-755-5100 North line of the south 1178 feet of the East Half of the Northeast Quarter to the Southeast Quarter of Section 13. Easement Exhibit BIT. // IT Southeast corner of that port of the East Half of the Northeast Quarter of the Southeast Quarter lying north of the south 1178.00 feet. East line of the East Halt of the Northeast Quarter of the Southeast Quarter. z 11 160TH LANE N.W. DRAINAGE AND UTILITY EASEMENT DESCRIPTION A permanent easement for drainage and utility purposes over under and across the following described properly. That part of the East Half of the Northeast Quarter of the Southeast Quarter of Section 13, Township 32, Range 25, Anoka County, Minnesota, lying north of the south 1178.00 feet thereof. m Sold easement Is described as follows: s v Beginning at the southeast corner of the above said property thence on assumed bearing of North along the east line of said East Half of the Northeast Quarter of the Southeast Quarter a distance of 15.00 feet to the point of beginning of the easement to be described; thence North 53 degrees 15 minutes 39 seconds West a distance of 32.01 feet; thence North 36 degrees 44 minutes 21 seconds East a distance of 20.00 feet; thence South 53 degrees 15 minutes 39 seconds East a distance of 17.08 feet to the east line of sold East Half of the Northeast Quarter of the Southeast Quarter; thence South along said east line a distance of 24.96 feet to the point of beginning. i Area of easement = 491 square feet or 0.011 acres. 0 rc a z s: n Property Owner: Carl & Lori Haas 4843 -160th Lane NWT Denotes Andover, MN 55304; -v._ Easement n ER PID No.: 13- 32 -25 -41 -0003 scal30 a/ m o I hereby certify that this survey, plan or report was prepared by me - 7� Drainage & Utility SHEET o or under my direct supervision and that I am a duly Professional - -- HakanSon Easement Exhibit = 1 n Licensed Land Surveyor under the laws of the State of Minnesota. Anderson for OF �/ 04/11/13 CM1 Engtneen ,nd Eand S.,,ors Port of NE 1/4 of the SE 1/4 1 <� ChorleslR. Christop erson, MN License No. 18420 Date 3601 5..I.n Ave., Moka, W .n olo 55303 n 763-427 -5860 FAR 763 -427 -o52o OATE 04/11/13 HE N0. AD901 -2013 SHEETS Aq T Y O F DOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David Berkowitz, Director of Public Works /City Engineer SUBJECT: Approve Plans & Specs /Order Advertisement for Bids /12 -31 /Sports Complex/3535 — 161" Avenue NW - Engineering DATE: May 7, 2013 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 12 -31, Sports Complex located at 3535 -16151 Avenue NW. DISCUSSION Phase 1 plans and specifications for the Sports Complex have been completed by WSB & Associates. Phase 1 includes construction of three turf multiuse fields, parking lots to serve the fields, storm water treatment and electrical components to set the fields up for lighting and irrigation. The light poles and lamps will be bid as an alternate bid and will be considered at the time of award based on funding. The well improvements will be bid as a separate project and irrigation material (Public Works installation) will be additional expenses as the project moves forward. Attached is a project cost estimate based on the final design. The costs that are highlighted in yellow are the essential project costs required to get the fields constructed and vegetated so they are ready for use in 2015. The lighting of the fields and parking lot and other site amenities can be constructed at a future date when funding is available. Plans and Specifications are available for review in the City Engineer's office. BUDGET IMPACT The budget for Phase 1 construction was identified in the Capital Improvements Plan for $800,000. After the Master Plan and Phase 1 design was completed the estimated Phase 1 construction cost is $659,454.50 and the total essential project cost is estimated at $1,013,140.00. This cost includes field and gravel parking lot construction, storm water treatment, wiring and electrical components for the site electrical power needs, the well components (bid separately), irrigation material, seeding the site (separate contract), demolition work already complete and consulting fees. The project would be funded by the Capital Reserve Fund, Park Improvement Fund and donations. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Project 12 -31, Sports Complex located at 3535 — 161 s` Avenue NW. Respectfully submitted, � �-) Q. David D. Berkowitz, PE Attachments: Resolution & Project Cost Estimate c.c. Jason Amberg, WSB & Associates (Email) Barb Anderson, North Metro Soccer (Email) Mike Johnson, Andover Football Association (Email) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 12 -31, SPORTS COMPLEX/3535 — 161 ST AVENUE NW... WHEREAS, pursuant to Resolution No. 017 -13 , adopted by the City Council on the 19t" day of February 2013 , WSB and Associates has prepared final plans and specifications for Project No. 12 -31 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7t" day of May 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , Friday, May 31, 2013 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 7t" day of May 2013, with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner— Deputy City Clerk voting City Project #12 -31 City of Andover - 40 Acre Athletic Complex Project Date: May 2, 2013 WSB Project #02087-020 Cost Estimate - 95% Review SCHEDULE A - BASE BID Line No. Descrintion I Inits 01inntity I Inif Pricy Tntal Pricy 1 MOBILIZATION LUMP SUM 1.00 $36,000.00 $36,000.00 2 CLEAR AND GRUB VEGETATION LUMP SUM 1.00 $13,500.00 $13,500.00 3 REMOVAL OF BARB WIRE FENCING LIN FT 1500.00 $3.00 $4,500.00 4 COMMON EXCAVATION (PLAN QUANTITY 26,000 CY LUMP SUM 1.00 $139,500.00 $139,500.00 5 SILT FENCE, TYPE HEAVY DUTY LIN FT 3100.00 $3.00 $9,300.00 6 TEMPORARY FENCE LIN FT 2000.00 $2.50 $5,000.00 7 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 1.00 $2,000.00 $2,000.00 8 TRAFFIC CONTROL LUMP SUM 1.00 $1,000.00 $1,000.00 9 2" CLEAR ROCK CU YD 100.00 $40.00 $4,000.00 10 12" HDPE PIPE SEWER LIN FT 1050.00 $35.00 $36,750.00 11 12" HDPE APRON W/TRASH GUARD EACH 3.00 $500.00 $1,500.00 12 CONST DRAINAGE STRUCTURE, HDPE TEE SEC. MH, CASTING LIN FT 70.00 $200.00 $14,000.00 13 TURF REINFORCEMENT MAT SQ FT 144 $5.50 $792.00 14 GEOTEXTILE FILTER TYPE I SQ YD 300.00 $5.00 $1,500.00 15 GEOTEXTILE FILTER TYPE III SQ YD 30.00 $5.00 $150.00 16 STORM DRAIN INLET PROTECTION EACH 14.00 $150.00 $2,100.00 17 ELECTRICAL SYSTEM BASE BID LUMP SUM 1.00 $257,500.00 $257,500.00 18 CONDUIT FOR IRRIGATION SYSTEM LIN FT 90.00 $25.00 $2,250.00 19 AGGREGATE PAVEMENT CLASS 5 100% CRUSHED TON 3975.00 $14.00 $55,650.00 20 H.C. SIGN EACH 8.00 $300.00 $2,400.00 21 COMPOST GRADE 2 CU YD 300.00 $15.00 $4,500.00 22 TYPE 3 SEED MIX - UPLAND NATIVE ACRE 3.25 $5,000.00 $16,250.00 23 TYPE 4 SEED MIX - LOWLAND NATIVE ACRE 2.50 $5,000.00 $12,500.00 24 EROSION CONTROL BLANKET CATEGORY 3 - NETLESS SQ YD 15250.00 $2.25 $34,312.50 25 DITCH CHECK, TYPE STRAW BIOROLL LIN FT 250.00 $10.00 $2,500.00 Total 5GHEDULE A - Base Bid $659,454.50 SCHEDULE B - ADD ALTERNATE BID ITEMS I ine Nn Desrrintinn I lnitc ni innfihr I Inif Print' Tnfol Pricy ALT -1 I ELECTRICAL ALTERNATE BID LUMP SUM 1 1 $185,000.001 $185,000.00 ALT -2 TYPE 5 HYDROMULCH ACRE 11.5 $800.00 $9,200.00 I otal 5GHEDULE B - Add Alternate Bid $194,200.00 ESTIMATED TOTAL - Main Sitework Contract $853,654.50 Page 1 K10208 7- 02 01 &Om Specl01 .2insedAndoverProposaiForm.Au City Project #12 -31 City of Andover - 40 Acre Athletic Complex Project WSB Project #02087 -020 Cost Estimate - 95% Review SCHEDULE C - Other Improvements outside of the main sitework contract Date: May 2, 2013 1 BUILDING DEMOLITION LUMP SUM 1 $14,500.00 $14,500.00 2 LIGHTING FOR PARKING LOT LIGHTS LUMP SUM 1 $52,000.00 $52,000.00 3 IRRIGATION SYSTEM AND WELL LUMP SUM 1 $150,000.00 $150,000.00 IMPROVEMENTS 4 PORTABLE COMBINATION PER SFT $30,000.00 $90,000.00 FOOTBALL / SOCCER GOALS 5 TYPE 1 SEED MIX - IRRIGATED TURF LUMP SUIT $29,000.00 $29,000.00 - 11 acres 6 BENCHES / BIKE RACKS / TRASH LUMP SUhi $14,500.00 $14,500.00 RECEPTACLES /SIGNS Total SCHEDULE F - Other Improvements $350,000.00 ESTIMATED PROJECT SUBTOTAL $1,203,654.50 5% CONTINGENCY $60,182.73 CONSULTING FEES AND PERMITTING $100,000.00 ESTIMATED GRAND TOTAL $1,363,837.23 NOTE: This estimate does not include 161st Street improvements associated with turn lane removals or additions. A7;,1 . CoSf S Pf Zo 13 CovxS7+ry -E;e-v% 4 // 013, 110 Page 2 M02087- 020WdmWSpecl01.2 insert Andover Proposal Form.xlsx A C I T Y O F ND0L 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV To: CC: From: Subject: Date: Mayor & City Council Jim Dickinson, City Administrator David D. Berkowitz, Director of Pi Todd J. Haas, Assistant Public Works orks /City Engineer DD 3 Approve Process to Consider Naming 40 Acre Sports Complex/12- 31/3535 —161St Avenue NW - Engineering May 7, 2013 INTRODUCTION The City Council is requested to approve the procedure to request the Park and Recreation Commission to provide a recommendation as to what the name of the new 40 Acre Sports Complex should be located at the intersection of Tulip Street NW and 161" Avenue NW. DISCUSSION Attached is the procedure for naming the facility. The process will take some time by the Park Commission. Once the recommendation has been made, the naming of the Sports Complex will be presented to the City Council for final approval. ACTION REQUESTED The City Council is requested to approve the procedure to request the Park and Recreation Commission to provide a recommendation as to what the name of the new 40 Acre Sports Complex should be located at the intersection of Tulip Street NW and 161" Avenue NW. Respectfully submitted, Todd J. Haas Attachment: Policy for Naming of Facilities City of Andover Policy for Naming and Renaming of Parks, Park Facilities and Trails I. Introduction The selection of a property name for a park, park facility and trail is a thoughtful process which requires careful analysis. The policy and procedure has been adopted by the City of Andover to provide the proper procedure and guidelines for any naming or renaming of said amenities. II. Procedure Original naming of a park, park facility and trail will be done as part of the platting process guided by the City of Andover's subdivision ordinance. Subsequent renaming will use the following procedure: 1. Staff, Council, Advisory Body or any Andover resident recognizes and requests the naming of a park, park facility or trail. 2. Staff will perform a background investigation of the request and then distribute the request to the City Council, upon review, send to the Parks & Recreation Commission for review. 3. The Park & Recreation Commission will discuss the merit of the name and make a recommendation to the City Council. 4. The recommendation will then be place on the next regular City Council meeting for consideration. III. Park, Park Facility and Trail Naming Criteria Listed below are some of the criteria that may be used to determine the appropriate naming or renaming of parks, park facilities and trails. 1. The name of the subdivision associated with the park, park facility or trail. 2. The name of the neighborhood in which the park, park facility or trail is located. 3. The street name adjacent to or closely identified with the park, park facility or trail. 4. The name of a local interest point, or local focal point near the park, park facility or trail. 5. The name of an event or historical occurrence associated with the park, park facility or trail. 6. The name of a person who donates a major part or all of the land for the park, park facility or trail. 7. The name of a person of significant stature within the community (with the permission of the honoree, immediate family or designated representative). He /she must adhere to at least one of the following credentials and complete a waiting period of at least six months from the conclusion of service or time of death: a. At least 10 years of local service to the community. b. Shown outstanding assistance or support of the local park system. c. Major financial donor to the park system. d. A historical figure or family. e. A local born or raised person of historic, statewide or national importance. IV. Final Determinations The City Council reserves all rights in the naming or renaming of all parks, park facilities and trails. C9) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrat David D. Berkowitz, Director of FROM: Todd J. Haas, Asst. Public Work or Publ ks /City Engineerw'$ s Direct SUBJECT: Approve No Parking Resolution/12- 28/Nightingale Street NW Reconstruction/Crosstown Boulevard NW to 161x` Avenue NW - Engineering. DATE: May 7, 2013 INTRODUCTION The City Council is requested to approve a resolution designating no parking for Project 12 -28, Nightingale Street NW Reconstruction. DISCUSSION Nightingale Street NW from Crosstown Boulevard NW to 161" Avenue NW is scheduled for reconstruction this summer as a Municipal State Aid Street. The project will be bid this spring with construction activity beginning in June. Since this street segment is a designated Municipal State Aid Street, state aid funds will be utilized to finance this project. With reconstruction of this roadway, State Aid requires that parking be restricted along this segment. When restricting parking, a No Parking resolution is required to be approved by the City Council. ACTION REQUIRED The City Council is requested to approve the resolution designating no parking for Project 12 -28, Nightingale Street NW Reconstruction. Respectfully submitted, / p�1 J �R4 Todd J. Haas T� Attachment: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON NIGHTINGALE STREET NW FROM CROSSTOWN BOULEVARD NW TO 161sT AVENUE NW THIS RESOLUTION passed this 1st day of May, 2013, by the City of Andover, Minnesota, Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City'; and WHEREAS Municipal State Aid funds will be utilized to fund the street reconstruction project; and WHEREAS, the State will require that parking be restricted along these segments as part of the plan review process; and NOW, THEREFORE, BE IT RESOLVED, that the City shall restrict parking of motor vehicles in the area described as: Along Nightingale Street NW from Crosstown Boulevard NW to 161st Avenue NW. Adopted by the City Council of the City of Andover this 7th day of May 2013. ATTEST: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk tC I T Y 0 F 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and City Council Jim Dickinson, City Administrator Michelle Hartner, Deputy City Cler Consider Approval /Extension of Liquor License /Beef O'Brady's May 7, 2013 INTRODUCTION Tony Zeece, of Beef O'Brady's, 15190 Bluebird Street has submitted a request for an extension of their liquor license. DISCUSSION 010 Beef O'Brady's is planning to hold an outdoor event Saturday, June 8, 2013 and would like Council to approve an extension of their liquor license to include a portion of the parking lot in front of the patio area. Tom Roberts, Stonewood Properties, Inc. the owner of Clocktower Commons leasing to Beef O'Brady's has given approval for Beef O'Brady's to hold their outdoor event. The Sheriff's Office received no complaints during Beef O'Brady's 2012 event. ACTION REQUIRED Council is requested to consider the extension of liquor license request submitted by Beef O'Brady's for June 8, 2013. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Outdoor Event Application Email from Tom Roberts, Stonewood Properties, Inc. OEM 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV OUTDOOR EVENTS ARE PERMITTED ON WEEKENDS (FRIDAYS AND SATURDAYS) IN JUNE, JULY AND AUGUST. ESTABLISHMENTS ARE ALLOWED ONE EVENT WEEKEND PER CALENDAR YEAR. EVENTfMUST,F EN,,DM MII Commercial Outdoor Event Application Name of Business Owner: 7e n y sec e. I# o del e Name of Business: f e e U t- G 0(tq f Address of Business: ISI gD 8/q P Al W, I Phone Number of Business: %6,?— �43 11-- °2 70 D 2. Date(s) of Outdoor Event: �� 11 e r -, d--0 / 3 3. Time of Event: % w — 7 R W 4. Location of Tent and /or Band: (Provide a sketch on the back of this form detailing where the tent, stage and/or band will be located on the property, indicating lot boundary lines and building locations.) 5. Extension of Liquor License: Yes No 6. Please provide verification from your Insurance Company indicating your liability insurance provides coverage outside of the premise. 7. Please provide written permission from property owner. Applicant of this application will comply with Andover City Code 5 -6, Noise Control. The business is required to provide security for the outdoor event. Dated: ry /°���3 Owner's Sfgnafdre Approved: Denied: Council Action: Approved Denied City Clerk Date: — — i, PROVIDE A SKETCH DETAILING WHERE THE TENT, STAGE AND /OR BAND WILL BE LOCATED ON THE PROPERTY, INDICATING LOT BOUNDARY LINES AND BUILDING LOCATIONS. �a v rv� rA OF i s v 0 Michelle Hartner From: Tony and Matt Zeece Sent: Friday, April 26, 2013 9:18 AM To: Michelle Hartner Subject: Fw: Tent Party Ok from property owner Tom Roberts for Tent parry on June 8th. Tony Zeece - - - -- Forwarded Message - - - -- From: Thomas Roberts <t: _ To: 'Tony and Matt Zeece' <h Cc: Cliff Roberts Sent: Friday, April 26, 2013 8:00 AM Subject: RE: Tent Party Go ahead. Have fun Tom Roberts Stonewood Properties, Inc 11015 Bell Oaks Estate Rd Eden Prairie, MN 55347 From: Tony and Matt Zeece Sent: Friday, April 26, 2013 8:58 AM To: Tom Roberts Subject., Tent Party Tom, we have our Andover Football tent party scheduled for June 8th. Can you give us the OK for the City? Thanks. Tony Zeece 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 FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve On -Sale Intoxicating Liquor & Sunday Licenses /Courtyards of Andover DATE: May 7, 2013 INTRODUCTION 116, LLC owner of the Courtyards of Andover, 13545 Martin St. NW, has a new catering lease with Unique Dining Experiences, LLC. DISCUSSION Unique Dining Experiences, LLC has applied for On -Sale Intoxicating Liquor & Sunday Licenses and paid the appropriate fees. The Sheriff's Office has completed their background investigation. Staff is aware of delinquent taxes for the property owned by 116, LLC. Administration has secured with 116, LLC their intention of resolving this issue. ACTION REQUIRED The City Council is requested to approve the above licenses for the period of May 8, 2013 through December 31, 2013. Respectfully submitted, 1 `i"iaAjVV/L Michelle Hartner Deputy City Clerk Attach: License Application 116, LLC Letter City Code 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV ON -SALE INTOXICATING LIQUOR LICENSE APPLICATION False Information Prohibited: No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. In answering the following questions, "Applicants" shall be governed as follows: For a Corporation, one officer shall execute this application for all officers, directors, and stockholders. For a Partnership, one of the "Applicants" shall execute this application for all members of the partnership. EVERY QUESTION MUST BE ANSWERED / lcF n as OWnee"' —First Middle Last for and on behalf of Umr Aob 1Dl'mm (- rcP2rz,�sT ereby apply for an On -Sale Intoxicating Liquo License o be located at 13S, i'Va,hn S4. /JW , City of Andover, County of Anoka, State of Minnesota, in accordance with the provisions of Minnesota Statues, Chapter 340, commencing Nla, 20 13 and ending 04c, 315'r , 20 13 2. Applicant's date of birth_ Birthdates of Partners or Officers of Corporation 3. Applicant's Phone Number_ 4. The residence for each of the applicants named herein for the past five years is as follows; _ 5. Is the applicant a citizen of the United States? yf✓S If naturalized, state date and place of naturalization: If a corporation or partnership, state citizenship of all officers or partners 91 The person who executes this application shall give spouse's full name and address. , 7. What occupations have applicant and associates in this application followed in the past five_years? 8. If a partnership, state name and address of each member of partnership. If a corporation: Date of incorporation: State in which incorporated: Amount of authorized capitalization: Amount of paid capital: If a subsidiary of another corporation, so state: Name and address of all officers, directors, and stockholders, and the number of shares held by each: If incorporated under the laws of another state, is corporation authorized to do business in this state: Number of certificate of authority: 9. On what flogr is the establishment located, or to be located? 10. Describe the premises to be licensed. nn Z0192- 5r- Pru flay yinc i✓r,. V lL� 11. Is the establishment located near an academy, college, university, church, elementary, middle school or high school? ;NQ State approximate distance of the establishment from such school or church: _ 1, 1 /)l A „ 1 12. Give name and address of owner of building establishment is to be Has owner of building any connection, directly or indirectly, with applicant? L 13. Are the taxes on the above mentioned property delinquent? AID In accordance with City Code Title 3, no license shall be granted for operation or renewal on any premises on which taxes, assessment or other financial claims of the City are delinquent and unpaid. 14. State whether applicant or any of his associates in this application have ever had an application for a liquor license rejected by any municipality or state authority. NO If so, give date and details: 15. Has the applicant or any of his associates in this application during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances? If so, give date and details: 16. State whether applicant or any of his associates in this application during the past five years were ever convicted of any law violations or any crime in this state or any other state, qr,, nder Federal Laws. If so, give date and details: /V 17. State whether any person, other than applicants, has the right, title or interest in the furniture, fixtures or equipment in the premises for which license is applied; and, if so, give name and details: r,Y,� 614 r�� �5 18. Is the applicant or any of his associates in this application a member of the City ouncil in the municipality where this license is be issued? If applicant for license is the spouse of a member of the governing body or where other family relationship exists, such member shall not vote on this application. 19. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the State of Minnesota? A/49 Give name and address of such establishment: 20. Furnish the name and address of at least three business references, in udin one bank reference: /->-a V- 1-0-76 /zhn, A-- N "- 1hYizd ti „{_": 2203 -;X-/ /'I J Ave f"'h16. MmSS�3S :.1 ;..�c% �✓n % /ztc l�f f7 . /OOS %� 6iY� l3 j iH %w/io� /v1�% SS-73S 21. What is the seating capacity of this establishment? (n Ott 22. During what hours will food be available? 7CLr-g - 12 4,n 23. State the name of the person who will operate the restaurant. 24. State etthe �name �o+f the person who will operate the bar. 25. State the number of people the restaurant will employ. lo-/5 26. Will fo d service be the principal business of this establishment? T, Is 27. State trade name to be used. 28. If this restaurant is in conjunction with any other business (such as resort, etc.) describe such usiness. O- ve.,-+ celvi 29. How many years has this business been in operation under this ownership? 30. Does applicant intend to sell intoxicating liquor to other than the consumer? AJO 31. How m nya m_onths of the year will this establishment be open? 32. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and sale of intoxicating liquor, rules and regulations, promulgated by the Liquor Control Commissioner, and all laws of the country, and I hereby certify that I have read the foregoing questions and that the answers to said questions are true to my knowledge. 33. Prior to consideration of the application an investigation shall be made by the county sheriff's department of all persons listed on the license application. Signature Date REPORT ON APPLICANT OR APPLICANTS BY SHERIFF'S OFFICE This is to certify that to the best of my knowledge, the applicant, or his associates named herein, have not been convicted within the past five years of any violation of the laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non - intoxicating liquors except as hereinafter stated. Date: 0'/ /3 Anoka County Sheriffs Office of the Sheriff ANOKA COU SHERIFF JAMES STUART April 18, 2013 Michelle Hartner City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 RE. On -Sale Intoxicating Liquor License Application, Uniquie Dining Experiences, LLC., dba Courtyards of Andover Dear Ms. Hartner: I received the attached On -Sale intoxicating Liquor License Application regarding the above. As you requested, a criminal background investigation was conducted on the following individual(s): Jeffery Michael Conner Certification by the Anoka County Sheriffs Office This is to certify that to the best of my knowledge the above -named individual has not been convicted within the past five years of any violation of laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non - intoxicating malt liquor or intoxicating liquors except as herein stated: No records found. In the event it is determined that a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with his/her date of birth. Please note that the above -named individuals may have other - reported incidents that do not include the sale of non - intoxicating malt liquor or intoxicating liquors. Sincerely, Andrew Knotz Sergeant 13301 Hanson Blvd NW, Andover, MN 55304 -4009 • (763)323 -5000 www.anokacounty.us /sheriff 116, LLC 1875 Station Parkway Andover, MN 55304 April 24, 2013 Jim Dickenson City of Andover 1685 Crosstown Blvd. Andover, MN 55304 Dear Mr. Dickenson, In the matter of delinquent property taxes for the Courtyards of Andover, we find ourselves in this position due to the retirement of the previous lessee resulting in a vacant facility with insufficient revenue to cover all expenses. As of April 1, 2013 we have a new tenant who is in the process of relocating their existing business to the Courtyards which in turn will provide us with the necessary income to bring the taxes current. It is the intention of 116, LLC to have this resolved by the end of 2013. Sincerely, Mike Quigley 116, LLC CHAPTER 1 LIQUOR CONTROL ARTICLE B. INTOXICATING LIQUOR SECTION: 3 -1 B- 1: License And Permit Required 3 -1 B- 2: Eligibility And Ineligibility For License 3-113- 3: Application For License Or Permit 3-113- 4: Financial Responsibility 3 -1 B- 5: License And Permit Fee 3-113- 6: Types Of Licenses And Permits; Exemptions 3 -1 B- 7: Investigation Of Applicant; Grant Or Denial Of License 3-113- 8: Expiration Of Licenses And Permits; Renewals 3 -1 B- 9: Non - transferability Of License 3 -1 B -10: Conditions Of License And Permit 3 -1 B -11: Sunday Sales 3 -1 B -12: Minors 3 -1 B -13: Sales To Certain Persons Prohibited 3 -1 B -14: Compliance Checks And Inspections 3 -1 B -15: Suspension Or Revocation Of License; Penalties 3-113-1: LICENSE AND PERMIT REQUIRED: A. License: Except as provided below, no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the appropriate license from the city. B. Permit: No person who does not hold an on -sale intoxicating liquor license may directly or indirectly allow the consumption and display of intoxicating liquor or knowingly serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a permit from the city. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -2: ELIGIBILITY AND INELIGIBILITY FOR LICENSE: A. A license shall be issued only to a person who is: 1. Eligible for a license under Minnesota Statutes Section 340A.402; and 2. A proprietor of the establishment for which the license is sought. B. No license shall be issued to a person who is: 1. Ineligible under state law; or 2. Not the real party in interest or beneficial owner of the business operated under the license. C. No license shall be issued for any place or any business ineligible for a license under state law. D. No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the city are delinquent and unpaid. E. 1. No on -sale intoxicating liquor or on -sale wine license shall be issued unless the applicant makes a bona fide estimation that at least fifty percent (50 %) of the gross receipts of the establishment during the first year of business will be attributable to the sale of food. Each on -sale intoxicating liquor or on -sale wine licensee shall have the continuing obligation to have at least fifty percent (50 %) of gross receipts from the establishment during the preceding business year attributable to the sale of food. For the purpose of this requirement, establishment shall include the food and beverage portion of a multi -serve establishment. Financial records for food and beverage portion must be maintained separately from the records of the remainder of the establishment. 2. For the purpose of this section, "sale of food" shall include gross receipts attributable to the sale of food items, soft drinks and nonalcoholic beverages. It shall not include any portion of gross receipts attributable to the nonalcoholic components of plain or mixed alcoholic beverages such as ice, soft drink mixes or other mixes. 3. The City Council may require the production of such documents or information including, but not limited to, books, records, audited financial statements or pro forma financial statements as it deems necessary or convenient to enforce these provisions. The City Council may also obtain its own audit or review of such documents or information, and all licensees shall cooperate with such a review, including prompt production of requested records. (Amended Ord. 235, 8 -5 -1997) 4. In addition to other remedies that it may have available, the City Council may place the license of any on -sale intoxicating liquor or on -sale wine licensee on probationary status for up to one year when the sale of food is reported, or found to be, less than fifty percent (50 %) of gross receipts for any business year. During the probationary period, the licensee shall prepare any plans and reports, participate in any required meetings, and take other action that the City Council may require to increase the sale of food. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) F. No license shall be granted for any place located within four hundred feet (400') of any public or private school nor within four hundred feet (400') of any church, the measurement being from building corner to building corner. This restriction shall not apply to churches or schools located in the Limited Business, Neighborhood Business, General Business or Industrial Zoning Districts. (Ord. 301, 10 -5 -2004; Amended Ord. 404 1 -18- 11) 3 -1 B -3: APPLICATION FOR LICENSE OR PERMIT: A. Information Required: Every person desiring a license or consumption or display permit under this article shall file with the City Clerk a verified written application in the form prescribed and approved by the Commissioner of Public Safety of the state. In addition to the information required on the application form prescribed and approved by the Commissioner of Public Safety and information required by any other officer or office of the state, the application made to the city shall include the following: 1. Representations as to the applicant's character; 2. The business in connection with which the proposed licensee will operate; 3. Whether the applicant is the owner and operator of the business and if not, who is; 4. Whether the applicant has ever used or been known by a name other than his /her name, and if so, what was the name, or names, and information concerning dates and places where used; 5. Whether the applicant is married or single. If married, the true name, place and date of birth and street address of applicant's spouse; 6. Street address at which applicant and spouse have lived during the preceding ten (10) years; 7. Kind, name and location of every business or occupation applicant or spouse has been engaged in during the preceding ten (10) years; 8. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten (10) years; 9. Whether the applicant or spouse has ever been convicted of a violation of any state law or local ordinance, other than a nonalcohol related traffic offense. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had; and 10. Whether the applicant or spouse, or parent, brother, sister or child of either of them, has ever been engaged as an employee in operating a saloon, hotel, restaurant, cafe, tavern or other business of similar nature. If so, applicant shall furnish information as to the time, place and length of time. 11. Whether the applicant has ever been in military service. If so, the applicant shall, upon request, exhibit all discharges. 12. The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing alcoholic beverages and who is nearer in kin to the applicant or spouse than second cousin, whether of the whole or half - blood, computed by the rules of civil law, or who is brother -in -law or sister -in -law of the applicant or spouse. 13. If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant as above. A managing partner or partners shall be designated. The interest of each partner or partners in the business shall be submitted with the application, and if the partnership is required to file a certificate as to trade name under the provisions of Minnesota Statutes Chapter 333, a copy of the certificate certified by the Clerk of District Court shall be attached to the application. 14. If the applicant is a corporation or other organization, the applicant shall submit the following: a. Name and, if incorporated, the state of incorporation. b. A true copy of the certificate of incorporation, articles of incorporation or association agreements. c. The name of the manager or proprietor or other agent in charge of or to be in charge of the premises to be licensed, giving all information about said person as is required in the case of a single applicant. d. A list of all persons who, single or together with their spouse or a parent, brother, sister or child of either of them, own or control an interest in said corporation or association in excess of five percent (5 %) or who are officers of said corporation or association, together with their addresses and all information as is required for a single applicant. 15. The floor number and street number where the sale of alcoholic beverages is to be conducted and the rooms where the beverages are to be sold or consumed. An applicant for an on -sale license shall submit a floor plan of the dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of the rooms. 16. The amount of the investment that the applicant has in the business, land, building, premises, fixtures, furniture, or stock in trade, and proof of the source of the money. Whenever the application for an on sale license or for a transfer thereof is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of the preliminary plans showing the design of the proposed premises to be licensed. If the plans are on file with the city, no further plans need to be filed. 17. A list of responsible persons, including the names of owners, managers and assistant managers, who may be notified or contacted by the state or city employees in case of emergency. 18. Other information that the City Council deems appropriate. B. False Information Prohibited: No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. C. Changes In Information: Each licensee shall have the continuing duty to properly notify the City Clerk of any changes in the information or facts required to be furnished on the license application. This duty shall continue throughout the period of the license, and failure to comply with this section shall constitute cause for revocation or suspension of the license. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -4: FINANCIAL RESPONSIBILITY: A. Financial Responsibility Required: Every application for a license shall be accompanied by evidence of adequate financial responsibility for liability provided as follows: 1. General Liability Insurance Policy: A liability insurance policy which shall name the City of Andover as an additional insured and shall provide for the minimum coverage as stated in Minnesota Statutes Section 466.04. 2. Liquor Liability Insurance Policy: a. A liability insurance policy imposed by Minnesota Statutes Section 340A.409 which shall name the City of Andover as an additional insured and shall provide for the following minimum coverage: fifty thousand dollars ($50,000.00) for bodily injury to any one person in any one occurrence; one hundred thousand dollars ($100,000.00) for bodily injury to two (2) or more persons in any one occurrence; and ten thousand dollars ($10,000.00) for injury to or destruction of property of others in any one occurrence; fifty thousand dollars ($50,000.00) for loss of means of support of any one person in any one occurrence; and one hundred thousand dollars ($100,000.00) for loss of means of support of two (2) or more persons in any one occurrence. b. This subsection does not prohibit an insurer from providing the coverage required by this subsection in combination with other insurance coverage. 3. Additional Forms Of Proving Financial Responsibility: The applicant or licensee may substitute one of the following as proof of financial responsibility to the requirements of Subsection A2 of this section: a. A bond of a surety company with minimum coverages as provided in Subsection A2 of this section. b. A certificate of the State Treasurer that the licensee has deposited with the State Treasurer one hundred thousand dollars ($100,000.00) in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of one hundred thousand dollars ($100,000.00). B. Exemptions: This section does not apply to establishments exempt from financial responsibility requirements by Minnesota Statutes Section 340A.409, Subdivision 4. C. Cancellation: The liability insurance policy, bond or certificate of the State Treasurer required above shall provide that it may not be canceled for any cause, except for nonpayment of premium, by the licensee, insurance company, bond company, or State Treasurer without first giving thirty (30) days' notice to the city in writing of the intention to cancel it. A ten (10) day written notice of cancellation shall be required for nonpayment of premium by the canceling party. Such notices must be addressed to the City Clerk. D. Violation; Penalty: No person shall operate any business or conduct any activities requiring a liquor license from the city without having in effect, and evidence on file with the city, the financial responsibility required by this section. Failure to have the financial responsibility in effect and /or on file shall be grounds for immediate revocation or suspension of a license. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -5: LICENSE AND PERMIT FEE: Every applicant for a license or consumption and display permit shall pay to the city a fee set forth by ordinance'. This fee shall be for the purpose of conducting a preliminary background and financial investigation of the applicant. If the City Council believes that the public interest so warrants, it may require a similar investigation at the time of renewal of any license. Fees for licenses issued during the license year shall be prorated according to the number of months remaining in the year. For this purpose, an unexpired fraction of a month shall be counted as a whole month which shall have elapsed. No refund of any fee shall be made except as authorized by statute. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -6: TYPES OF LICENSES AND PERMITS; EXEMPTIONS: A. Types Of Licenses And Permits: The City Council may grant the following types of intoxicating liquor licenses: 1. On -Sale Licenses: On -sale licenses may be issued only to hotels, clubs, and restaurants. A license shall be issued only in conjunction with the serving of food and to establishments that have facilities for serving at least one hundred (100) guests at one time. 2. On -Sale Wine Licenses: On -sale wine licenses may be issued to restaurants for the sale of wine not exceeding fourteen percent (14 %) alcohol by volume and for consumption on the licensed premises only in conjunction with the sale of food. 1 See subsection 1 -7 -3A of this code. 3. Off -Sale Licenses: Off -sale licenses may be issued only to exclusive liquor stores and shall permit off -sale of intoxicating liquor and 3.2 percent malt liquor. As an incident to these sales, ice, soft drinks and all forms of tobacco may also be sold. The city shall issue a limited number of off -sale licenses based on population. The number of licenses shall be limited to one for each six thousand (6,000) residents, based on current estimated population. 4. Sunday Sales: Sunday sales licenses may be issued only to a hotel or restaurant to which an on -sale license has been issued. No Sunday sales license is needed for on -sale wine licenses. Except in the case of on -sale wine licenses, no Sunday sales of intoxicating liquor shall be made without a license for Sunday sales. 5. Consumption And Display Permit: A consumption and display permit may be issued to a bottle club which complies with the requirements of Minnesota Statutes Section 340A.414 and which has obtained a permit from the Commissioner of Public Safety. No bottle club may operate in the city without first obtaining a permit from the city. B. Exemptions: 1. Any person holding an on -sale intoxicating liquor license may sell 3.2 percent malt liquor at on -sale without obtaining a 3.2 percent malt liquor license as required by the city. 2. Any person holding an off -sale intoxicating liquor license may sell 3.2 percent malt liquor at off -sale without obtaining a 3.2 percent malt liquor license as required by the city. 3 -1 B -7: INVESTIGATION OF APPLICANT; GRANT OR DENIAL OF LICENSE: A. All applications for a license shall be referred to the Anoka County Sheriff's Office and to other City Departments as the City Clerk shall deem necessary for verification and investigation of the facts set forth in the application. The Anoka County Sheriffs Office shall cause to be made such investigation of the information requested in Title 3, Chapter 3 -1 B -5 as shall be necessary and shall make a written recommendation and report to the City Council which shall include a list of all violations of Federal or State Law or Municipal ordinance. The City Council may order and conduct such additional investigation as it shall deem necessary. (Amd. Ord. 368, 4- 15 -08) B. Issuance Of License; Hearing Required: No license shall be issued until the City Council has held a public hearing in accordance with the following: 1. For all licenses and consumption and display permits, a public hearing shall be held at a City Council meeting. All property owners and occupants located within three hundred fifty feet (350') of the proposed location shall be notified at least ten (10) days prior to such hearing. 2. At the public hearing, all persons interested in the matter shall be heard. No hearing shall be required for a renewal of a license, but the City Council may, at its option, hold a public hearing. (Amended Ord. 235, 8 -5- 1997) C. Grant Or Denial Of License: After investigation and hearing, the City Council shall, at its discretion, grant or deny the application. Each application shall require a majority vote by the City Council for approval. No on -sale wine license, off -sale license, club on -sale license, or consumption and display permit shall become effective until it, together with the security furnished by the applicant, has been approved by the Commissioner of Public Safety. Within ten (10) days of issuing an on -sale license, the city shall submit to the Commissioner of Public Safety the full name and address of each person granted a license, the effective date of the license, the expiration date of the license, and the name under which the licensee will conduct the business. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -8: EXPIRATION OF LICENSES AND PERMITS; RENEWALS: Each license, except consumption and display permits, shall expire on December 31 of the year in which it is issued. Consumption and display permits shall expire on March 31 of each year. The application for the renewal of any existing license shall be made at least ninety- (90) days prior to the date of the expiration of the license and shall be made on the form provided by the City Clerk. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -9: NONTRANSFERABILITY OF LICENSE: Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without application to the City Council in the same manner as an application for a new license. Transfer of twenty five percent (25 %) or more of the stock of a corporation or of a controlling interest thereof, whichever is less, shall be deemed a transfer of the license of a corporate licensee. If the licensee is a corporation which is wholly owned by another corporation, the same provisions about the transfer of a stock or a controlling interest shall apply to that parent corporation, any second parent corporation which wholly owns the parent corporation, and all other similarly situated parent corporations up through the chain of ownership. Transfer of this amount of stock without prior City Council approval is grounds for revocation or suspension of the license. In addition, each day the licensee operates under the license after a transfer has taken place without obtaining City Council approval shall be a separate violation of this article. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -10: CONDITIONS OF LICENSE AND PERMIT: Every license is subject to the following conditions, all other provisions of this article, and any other applicable regulations, or state law: A. Responsibility And Liability Of Licensee: Every licensee is responsible for the conduct of his or her place of business and the conditions of sobriety and order in it. The act of any employee of the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this article equally with the employee, except criminal penalties. B. Display Of License And Permit: Every license to sell alcoholic beverages and permit for consumption and display must be posted in a conspicuous place in the premises for which it is used. C. Right Of Entry: Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the city to enter, inspect, and search the premises of the licensee at reasonable hours without a warrant. D. Certain Federal Stamps Prohibited: No licensee shall possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp. (Amended Ord. 235, 8 -5 -1997) E. Hours Of Sales: No sale of intoxicating liquor for consumption on the licensed premises (on -sale) may be made: 1) between one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. on the days of Monday through Saturday; or 2) after one o'clock (1:00) A.M. on Sundays except as authorized by an approved Sunday on -sale liquor license. (Ord. 235D, 7- 1 -2003) 1. Sales After One O'Clock A.M.; Special License: a. State Permit Required: No licensee may sell intoxicating liquor between the hours of one o'clock (1:00) A.M. and two o'clock (2:00) A.M. unless the licensee has obtained a permit from the Commissioner pursuant to Minnesota Statutes Section 340A.504, Subdivision 7. b. Days Permitted: Two o'clock (2:00) A.M. closing licenses shall be issued only to allow sales until two o'clock (2:00) A.M. on Fridays, Saturdays, Sundays, Thanksgiving Day, July 5 and New Year's Day. c. Service Of Food: On -sale licensees shall be required to offer the licensee's normal food service to its customers until one o'clock (1:00) A.M. (Ord. 296, 7 -20 -2004) F. Consumption And Presence After Hours: No person shall consume any intoxicating liquor or 3.2 percent malt liquor on any licensed premises more than thirty (30) minutes following the time established by law for cessation of the sale of liquor. No person, except an employee of the licensed establishment, shall remain on the premises or site more than thirty -(30) minutes following the time established by law for cessation of the sale of liquor. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) G. Possession And Consumption In Certain Areas Of Premises: No person shall possess open containers of alcoholic beverages or consume alcoholic beverages on the premises under the licensee's control outside of the licensed structure or in any area of the licensed premises which was not designated for these activities in the license application. H. Death Of Licensee: In the event of the death of a person holding a license, the personal representative of that person shall be allowed to continue to operate the business within the terms of the license fora period not to exceed ninety (90) days after the death of the licensee. Gambling: The licensee shall not keep, possess, or operate or permit the keeping, possession or operation of, on the licensed premises or in any room adjoining the licensed premises, any slot machine, dice or any gambling device or apparatus, nor permit any gambling therein, nor permit the licensed premises or any room in the same, or in any adjoining building, directly or indirectly under its control, to be used for any illegal purpose. Notwithstanding the above, gambling licensed and permitted by the Minnesota Charitable Gambling Board is allowed, and sales sponsored by the Minnesota State Lottery may be made at any licensed establishment. J. On -Sale And On -Sale Wine Licenses: 1. Report Of Premises Changes: Persons holding on -sale intoxicating liquor or on -sale wine licenses, in addition to being subject to the requirements of this article, shall report any internal change to the licensed premises which materially enlarges, expands, reconfigures, or alters the size of the area connected with the consumption of liquor or the type of service offered by the establishment, prior to the beginning of work. This report shall be made to the City Clerk for review by the City Council and may result in altering the terms under which the license is granted. No work shall be done nor city permits issued for the work until the change is approved by the City Council. Each day the licensee operates under the license after beginning construction of the changes and before obtaining City Council approval shall constitute a separate violation of this article, resulting in a mandatory minimum civil offense of one hundred dollars ($100.00) per day. 2. Health And Food Handling Requirements: Each on -sale and on -sale wine licensee shall have the continuing obligation to comply with all state and local health and food handling regulations. At the time of application for any new or renewed license, the City Council may review (if deemed necessary) the establishment's health and food handling inspection results. In addition to other remedies that it may have available, the City Council may place the license of any on -sale intoxicating liquor or on -sale wine licensee on probationary status for up to one year when inspections reveal the establishment has not achieved passing scores. During the probationary period, the licensee shall take such action as may be required to achieve passing scores, and shall be subject to subsequent inspections for compliance, and shall be subject to other conditions which the City Council may impose. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) K. No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, feet, or body. Team sports in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball are not included among activities prohibited by this section. (Amended 9 -5 -06, Ord. 332A) 3 -1 B -11: SUNDAY SALES: A. Restrictions: On -sale Sunday liquor licenses shall be issued only to hotels, clubs, and restaurants which hold an on -sale intoxicating liquor license only in conjunction with the serving of food and which have facilities for serving at least one hundred (100) guests at one time. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) B. Hours: The hours of the sale of intoxicating liquor shall be between ten o'clock (10:00) A.M. on Sundays and one o'clock (1:00) A.M. on Mondays. C. Application For License: An establishment serving intoxicating liquor on Sunday must obtain a Sunday on -sale liquor license from the city in the same manner as applications to sell intoxicating liquor. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -12: MINORS: A. Presence On Premises For Purchase Or Consumption: It shall be unlawful for any minor to enter any premises licensed for the retail sale of liquor for the purpose of purchasing or having served or delivered to him or her any liquor or to consume any liquor, purchase or attempt to purchase or have another purchase for him or her any intoxicating liquor. B. False Representation: It shall be unlawful for any person to misrepresent or misstate his or her age or identity, or the age or identity of any other person, for the purpose of inducing any licensee or any employee of any licensee to sell, serve or deliver any liquor to a minor. C. Possession: It shall be unlawful for a minor to have in his or her possession any liquor with intent to consume the same at a place other than the household of his or her parent or guardian. Possession of liquor at a place other than the household of the minor's parent or guardian shall be prima facie evidence of intent to consume the same at a place other than the household of his or her parent or guardian. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -13: SALES TO CERTAIN PERSONS PROHIBITED: It shall be unlawful for any person to sell, give, barter, furnish, deliver or dispose of, in any manner, either directly or indirectly, any liquor in any quantity, to any minor person, to any intoxicated person, or to any person to whom this is prohibited by Minnesota Statutes Section 340A.503, Subdivision 2. (Amended Ord. 235, 8 -5- 1997; amd. 2003 Code) 3 -1 B -14: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by authorized city officials during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging underage youth to enter the licensed premises to attempt to purchase alcoholic beverages. No minor or underage adult used in compliance checks shall attempt to use a false identification or theatrical makeup that misrepresents his or her age. All minors and underage adults lawfully engaged in a compliance check shall answer all questions about their age truthfully when asked by the licensee and shall produce any identification which they are asked to produce. In all instances the minors or underage adults shall be accompanied by authorized city officials to the location of the compliance check. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -15: SUSPENSION OR REVOCATION OF LICENSE; PENALTIES: A. The City Council may either suspend for up to sixty (60) days or revoke any liquor license or impose a civil fine not to exceed two thousand dollars ($2,000.00) for each violation upon a finding that the licensee or an agent or employee of the licensee has failed to comply with any applicable statute, regulation or ordinance. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes Sections 14.57 to 14.69. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) B. Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. Any fine or sentence imposed shall not affect the right of the city to suspend or revoke the license of the licensee as the City Council deems appropriate. C. In addition to the remedies and penalties set forth in this article in the event an establishment fails an alcohol compliance check the City Council shall levy a penalty against the establishment. Penalties are as listed in Section 1 -7 -3 of this code. Said penalty shall be paid to the City Treasurer within ten (10) days of notification of the penalty. (Ord. 235D, 7 -1 -2003) 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 Discuss /Approve Open Space Land Purchase Offer PID# 11- 32- 24 -31- 0001 /Authorize Pursuing Purchase Agreement May 7, 2012 INTRODUCTION �a This item is in regards to approving an open space referendum land purchase offer as recommended by the Andover Open Space Advisory Commission. The land is located in the City of Andover, County of Anoka, State of Minnesota, legally described as Unplatted Grow TWP NE '/4 of SW '/ Section 11 T 32 R 24, PID# 11- 32 -24 -31 -0001 (Land). The land is currently owned by James W. Selmer and Hazel Blanchette (Property Owners). DISCUSSION The City of Andover (Buyer) has offered to pay $300,000 (Three- hundred thousand and 00 /100 dollars) for the Land. City Administration negotiated the offer with the Property Owners along with their legal counsel and the Property Owners are prepared to move to a purchase agreement as indicated on the attached offer letter. The City offer is a cash offer with the following contingencies and terms: 1. Offer is contingent on Property Owners providing a maintenance vehicle access easement in the favor of the City of Andover from Ward Lake Drive to the Land. 2. Offer is contingent on Property Owners being able to provide a clean title to the City, lien, judgment and mortgage free. 3. Property Owner shall pay on date of closing all special assessments levied or pending against the property as of the date of closing. 4. Property Owner shall pay all current and delinquent real estate taxes due at date of closing. In and current year of closing taxes shall be prorated. 5. Property Owner will allow right of entry allowing the City the ability to fully inspect the property. 6. Property Owner will provide the following disclosures associated with the Land: a. Written or verbal easements which may not be recorded. b. Individual sewage treatment system(s) c. Well and fuel tank d. Environmental contamination. 7. This offer is contingent upon formal approval by the City of Andover City Council on May 7, 2013 at the regularly scheduled City Council meeting. 8. This offer is further contingent upon the parties entering into a formal Purchase Agreement. ACTION REQUSTED The City Council is requested to discuss and consider approval of the land purchase offer and authorize staff to pursue a Purchase Agreement for the land. submitted, Offer to purchase property t tS ', S._ ey 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US April 15, 2013 James Selmer 17000 Ward Lake Drive Andover, MN 55304 Hazel Blanchette 1516122 d Avenue NE Blaine, MN 55449 Subject: Offer to purchase property - PID #11- 32 -24 -31 -0001 Dear James & Hazel: The City of Andover is willing to extend an offer of $300,000 (three- hundred thousand and 001100 dollars) for your property legally described as Unplatted Grow TWP NE '/ of SW '/o Section 11 T 32 R 24, PID# 11- 32 -24 -31 -0001 (the "Land ") located in Andover, MN. The City offer includes the following tentative terms: 1. Offer is contingent on Property Owners providing a maintenance vehicle access easement in the favor of the City of Andover from Ward Lake Drive to the Land. See page 2. 2. Offer is contingent on Property Owners being able to provide a clean title to the City, lien, judgment and mortgage free. 3. Property Owner shall pay on date of closing all special assessments levied or pending against the property as of the date of closing. 4. Property Owner shall pay all current and delinquent real estate taxes due at date of closing. In and current year of closing taxes shall be prorated. 5. Property Owner will allow right of entry allowing the City the ability to fully inspect the property. 6. Property Owner will provide the following disclosures associated with the Land: a. Written or verbal easements which may not be recorded. b. Individual sewage treatment system(s) c. Well and fuel tank d. Environrnental contamination. 7. This offer is contingent upon formal approval by the City of Andover City Council on May 7, 2013 at the regularly scheduled City Council meeting. 8. This offer is further contingent upon the parties entering into a formal Purchase Agreement. 9. This offer is valid until 4:30 p.m. on April 30, 2013, and at that time the offer will expire Upon your acceptance of the tentative terns, a purchase agreement will be prepared. Please contact me at 763 - 767 -5110 or at if you have any questions. )ickinson Administrator A*ames tce of Offer- 4v'­ 4v' - Date lmer Hazel la chette ', Maintenance vehicle access easement to be provided over the existing trail across the South Half of the Northeast Quarter of Section 11, Township 32, Range 24, Anoka County Minnesota. Sellers will not be responsible for any costs on the access easement. Buyer to release the maintenance vehicle access easement when the Northeast Quarter of the Southwest Quarter of Section 11, Township 32, Range 24, Anoka County, Minnesota, has a proper legal access. 7�' Date: James Selmer Date: Hazel Blanchette 2 c f T i o i, NDOVE^ Selmer Map 1 _ i:r +5 � • �x� j /i�Y /ri'2,g, 1J�°t `���£ r.ls�Tli rr• iv1 .�iilr ( • r T - e t >, t � n ,• Vr 1 y z ,: l A - t � k4f0 e>'f 37 1413 'l,� _ '1 3Y•.r���pi' .1,1 1431 '� l lul9 ' Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps nor surveys and are not intended to be used as such. The maps and documents are created as part of the Geographic Information Systems (GIS) that compiles records, information, and data from various city, county, state and federal resources. Copyright © 2010 City of Andover, AU Rights Reserved crt•ao.i \nn\nns� 0 lf Ego IA lr�i {' al i �A ry ? ' 11 f I r Ir: C I 1 _ i:r +5 � • �x� j /i�Y /ri'2,g, 1J�°t `���£ r.ls�Tli rr• iv1 .�iilr ( • r T - e t >, t � n ,• Vr 1 y z ,: l A - t � k4f0 e>'f 37 1413 'l,� _ '1 3Y•.r���pi' .1,1 1431 '� l lul9 ' Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps nor surveys and are not intended to be used as such. The maps and documents are created as part of the Geographic Information Systems (GIS) that compiles records, information, and data from various city, county, state and federal resources. Copyright © 2010 City of Andover, AU Rights Reserved crt•ao.i \nn\nns� 0 lf rC I T Y 0 F @ INDOVEA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve 2014 -2016 Urban County Requalification for participation in CDBG and HOME Programs DATE: May 7, 2013 INTRODUCTION Every three years Anoka County must complete an Urban Requalification process in order to continue receiving and administering HUD funds for the CDBG (Community Development Block Grant) and HOME (HOME Investment Partnership) programs. Part of that process includes communicating with participating communities of their option to be excluded from the Anoka County "Urban County" qualification. DISCUSSION Currently the City of Andover participates in the Anoka County "Urban County" program and has been successful over the past years in receiving funding from the CDBG program and has benefited significantly from the County's HOME neighborhood stabilization program. Attached to this staff report is a letter from Anoka County explaining the requalification process and what the City of Andover needs to do to remain as an opt -in community. Staff is recommending that the City Council continue as a participating community. To opt -out and qualify for the programs as an "urban community" the City would need to have a population of over 55,000 otherwise the City would roll into the state -wide program managed by the State of Minnesota Department of Employment and Economic Development (DEED). ACTION REQUESTED Approve the current opt -in status that allows the City to participate in the Anoka County CDBG and HOME programs. submitted, Jim April 18, 2013 COUNTY OF ANOKA Community and Governmental Relations GOVERNMENT CENTER 2100 3rd Avenue, STE 700 • Anoka, Minnesota 55303 -5024 Kate Thunstrom, Community Development Manager (763) 323 -5714 Direct (763) 323 -5682 Fax City of Andover ATTN: Jim Dickinson, City Administrator 1685 Crosstown Bboulevard NW Andover, MN 55304 RE: 2014 -2016 Urban County Requalification for participation in the following HUD Programs: -CDBG (Community Development Block Grant Program); and -HOME (HOME Investment Partnerships Program) Dear Mr. Dickinson: Every three years Anoka County must complete an Urban Requalification process in order to continue receiving and administering HUD funds for the CDBG and HOME programs. We are currently preparing our requalification for federal fiscal years 2014 through 2016. As part of this requalification process, the county is required to notify participating communities of their option to be excluded from the Anoka County "Urban County" qualification for these funding years. Action is required from your city as part of this process. IF YOU CHOOSE TO REMAIN A PARTICIPATING COMMUNITY (OPT -IN): The following will continue to apply: • The grant process for your city will remain the same as it is now for CDBG and HOME programs, and; • Your city will continue to be ineligible to apply for individual grants through the HUD Small Cities or State CDBG and HOME programs; • The Cooperation Agreement will automatically renew for another three -year period of time. IF YOU CHOOSE NOT TO REMAIN A PARTICIPATING COMMUNITY (OPT -OUT): Your city will be able to apply for grants individually through the HUD Small Cities or State CDBG and HOME programs, but you will not be eligible to receive funds through Anoka County for federal fiscal years 2014 through 2016 You are required to notify Anoka County in writing by May 17, 2013, of your intent to terminate the agreement at the end of the current qualification period. The notification of intent should be sent to: Anoka County Community Development ATTN: Kate Thunstrom 21003 d Ave, Suite 700 Anoka, MN 55303. 1:21 OPPORTUNITYrAX: 763- 323- 5682Affirmative Action / Equal Opportunity Employer TDD /TTY: 763- 323 -5289 Jim Dickinson April 18, 2013 Page Two Thank you for your prompt attention to this matter. If you have any questions or need additional information, please feel free to contact me at 763 - 323 -5714 or kate.thunstrom@co.anoka.mn.us Sincerely, Kate Thunstrom Community Development Manager 121 EQUAL TVFAX: 763- 323- 5682Affirmative Action / Equal Opportunity Employer TDD /TTY: 763- 323 -5289 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 Discuss /Approve 2013 -2014 City Council Goals and Values May 7, 2013 INTRODUCTION In 2011 the City Council after a series of discussions at Council workshops adopted the City of Andover Goals and Values. The values and goals were summarized into the following categories: 1. Fiscal 2. Commercial /Residential Development/Redevelopment 3. Collaboration 4. Service Delivery 5. Livability /Image DISCUSSION At City Council workshops over the past few years, the Council has received progress reports on the goals and discussed whether or not that goals listing was acceptable going forward or should be added to or reduced. Each year since 2011 the Council has updated the Goals and Values document to assure that the goals and values are fairly inclusive and as such would annually adopt the updated goals at a regularly scheduled City Council meeting. ACTION REQUESTED City Administration, after a brief presentation and Council discussion, is seeking formal City Council approval of the attached 2013 -2014 City Council Values and Goals. City of Andover 2013 -2014 Goals and Values Fiscal Goals: Value Statement: The City recognizes the following fiscal values as the basis for delivering current and future services to the residents of Andover. 1. Assure city financial stability through cost effective services. 2. Focus spending on community needs; wants need to be supported by new or redirected sustainable revenues. 3. Explore new revenue streams. 4. Don't commit dollars today that will commit the City to unsustainable future expenses. Commercial/Residential Development/Redevelopment Goals: Value statement: The City wants to be supportive of those invested in or wanting to be invested in our community. 1. Facilitate upgrades or redevelopment of blighted or underdeveloped commercial /industrial parcels. 2. Help stimulate business growth in Andover through more business friendly municipal costs, regulations and support programs. 3. Review TIF district expirations; discuss future planning and options available which may include the creation of new TIF Districts 4. Develop a business outreach plan to improve City relationships with the business community. 5. Continually analyze existing commercial areas to determine if expansion is feasible and seek out new areas to better serve the community. 6. Continually evaluate how to meet sewer /water and street needs of any proposed development and redevelopment projects. 7. Review City development processes to help reduce unnecessary steps, time delays and development costs. 8. Review storm water regulations to achieve cost savings at the local level and to help avoid duplicity of regulations that are enforced by another governing body. City of Andover 2013 -2014 Goals and Values Collaboration Goals: Value statement: The City is supportive of collaboration efforts that are cost - effective and improve efficiency in delivering services. 1. Rethink how we deliver existing basic city services and seek lower cost with increased productivity. 2. New collaboration opportunities must be a win -win for the participating cities. 3. Continue to work on developing working relationships with: school district, county, and adjoining cities; the goal being to reduce costs, improve delivery of services, and be as efficient as possible. 4. Seek County support on meeting the City's needs relative to transportation, in particular on how improvements to County and City infrastructure can solve traffic problems for our residents, assist existing business, and help attract new businesses. 5. Work with waste /garbage haulers to determine if a more efficient garbage collection process for the community can be achieved. 6. Develop a system that will effectively coordinate volunteer efforts whether it is in response to local emergencies and disasters, or just for the delivery of basic services. Service Delivery Goals: Value statement: The City is committed to providing efficient and cost - effective city services. 1. Determine if the City should reduce maintenance on parks not used or useable for cost savings; consider elimination of tot lots; focus development on larger parks and an expanded trail system. 2. Review the City relationships with the local sports associations to help provide for exceptional program delivery to the community. 3. Pursue paperless opportunities whenever possible and feasible. 4. Analyze the "administrative fine" process to reduce use of courts, increase local revenues, and improve code compliance. 5. Explore opportunities with law enforcement to improve community policing and to make a concerted effort by mentoring or being available to the teen population of the community. 6. Pursue local programming during summer or school days for the community youth by effective utilization of the Community Center and the City's relationships with local service organizations. 7. Continually review our processes to reduce unnecessary or unwanted service deliveries. 8. Discuss employee salaries and the review process with the budget development process. City of Andover 2013 -2014 Goals and Values Livabilit- Oxnage Goals: Value statement: The City recognizes that providing quality basic & desired services enhances the quality of life of our residents. 1. Pursue preserving open space when viable and feasible opportunities are available. 2. Continue efforts along Hanson Boulevard with promoting sustainable landscaping and by encouraging consistent fence maintenance along roadways. 3. Provide a high level of professionalism to the public at all levels of the organization. 4. Engage more with various media outlets to tell the City of Andover stories better. 5. Pursue a community survey to determine resident support for current city services and programs. 6. Be creative in improving and adding amenity options for the residents of Andover. 7. Review recent 2010 Census data and use for planning future projects. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Schedule June EDA meeting May 7, 2013 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the June 4, 2013 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Approve Meeting Minutes 2. Parkside at Andover Station Update 3. Cherrywood Advanced Living Update 4. Andover Station North Marketing Update 5. Purchase Agreement /Letter of Intent/Progress Review 6. Redevelopment Discussion 7. Update on Arbor Oaks Project 8. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the June 4, 2013 City Council meeting. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVE R.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report May 7, 2013 01 The City Administrator and Department Heads present 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. Legislative Activities 4. 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. Y O F O T E 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 May 7, 2013 City Council Workshop DATE: May 5, 2013 The City Council is requested to receive the following supplemental information. Consent Items Add -On Item. Approve Hold Harmless and Easement Encroachment Agreement/15949 Crane Street NW - Engineering Closed Session Closed Session — Property Negotiations Add PID's #14- 32 -24 -22 -0012, 14- 32 -24 -22 -0016 & 14- 32 -24 -21 -0001 submitted, J C I T Y O F (ANDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrato David D. Berkowitz, Director of Pu1q Works /City Engineeras From: Kameron Kytonen, Natural Resources Technician Subject: Approve Hold Harmless and Easement Encroachment Agreement/15949 Crane Street NW - Engineering Date: May 7, 2013 INTRODUCTION The City Council is requested to authorize the approval of a hold harmless and easement encroachment agreement with Brielle Nightingale, property owner at 15949 Crane Street NW. DISCUSSION The property owner (Brielle Nightingale) would like to install a fence, which would encroach into a drainage and utility easement on the south side of the property (see Exhibit A). Typically improvements such as this are not allowed in such easements due to access requirements and maintenance needs by the City. By entering into this hold harmless and easement encroachment agreement, the property owner agrees to cover all expenses due to damage and /or removal of improvement (fence) that is within the easement. ACTION REQUESTED The City Council is requested to approve the hold harmless and easement encroachment agreement with Brielle Nightingale, property owner at 15949 Crane Street NW. Respectfully submitted, ameron Kytonen Natural Resources Technician Attachments: Hold Harmless and Easement Encroachment Agreement Cc: Brielle Nightingale, 15949 Crane Street NW, Andover HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this : ' day of May 2013, by and between Brielle Nightingale, owner of said property noted below, and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City "). WHEREAS, Brielle Nightingale is the fee owner of 15949 Crane Street NW (Lot 7, Block 2, Chesterton Commons North 2nd Addition, PIN 14 32 24 32 0032), Andover, Anoka County, Minnesota (hereinafter "Property "); and WHEREAS, drainage and utility easements exist throughout the Property; and WHEREAS, Brielle Nightingale desires to install a fence on the property and understand that said fence (hereinafter "Improvement ") will encroach into a drainage and utility easement (see Exhibit A attached hereto and made a part hereof); WHEREAS, the City is willing to acknowledge and agree to an encroachment of the drainage and utility easement for said Improvement assuming certain conditions are met; and WHEREAS, Brielle Nightingale is aware the area is for drainage and utility purposes and is a Maintenance Vehicle Access and access may be required in said easement resulting in removal of the Improvement. NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easement, Brielle Nightingale hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Brielle Nightingale or her successors in interest constructing and maintaining said Improvement upon the drainage and utility easement of the City. Furthermore, the City not be held responsible for any damage to said Improvement constructed on the City's easement if it is removed, damaged or destroyed as a result of the City exercising its rights to access, excavate, repair, construct or maintain any public improvements within said easement. City may require evidence of insurance from Brielle Nightingale to cover the indemnification required herein. C: \Users\bfnightingale\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content.) E5 \FUGHVJAG \easementEncroach Nightingale[) ].doc IN WITNESS WHEREOF, the parties have hereunto set their hands this k day of May 2013. CITY OF ANDOVER, a Municipal Corporation By: Its: Deputy City Clerk By: Its: Mayor% Briel(e Nrightingale STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of May 2013, before me, a notary public within and for said county, personally appeared Michelle Hartner and Michael R. Gamache to me known to be respectively the Deputy City Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF d ) On this day of May 2013, before me, a notary public within for said county, personally appeared Brielle Nightingale. A n - -- ---------------------------- DRAFTED BY: KATHLEEN ANN ROBERTSON City of Andover Notary Public-Mlnnesota 1685 Crosstown Blvd. NW "' I.h'Com�MltWna *a Jto 31.2017 Andover, MN 55304 This instrument is exempt from registration tax and recording fees under Section 386.77 of the Minnesota statutes. C: \Users \bfnightingale\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content. IE5\ FUGHVJAG \easementEncroachNightingale[7 ].doc Certificate of Survey PROPOSED ELEVATIONS Lowest Floor Elevation-� Top of Block Elevation: 7, Garage Slab Elevation: 1307's Walkout Elevation a9.8 In CJ V, ExA1 t A TRADITION HOMES 3745 152ND Lane Andover, Minnesota 55304 EXISTING HOUSE R i f � p Ii�r,1`�ill gb4.7 907.18 S89'07'2461 897�.s� t , 30 << 904.7130 90 .70 905.88 907.21 9 6 29 903.9 ` 1 ! �it 1 904.E 904.400 35.50 o i;�`�I o8�J8.1 896.4 j Fb+ f 0 0z I �2 r - 33- 0. i g� I �� D m m m I- t -7 i 3� Z In - 10 906.11 * 0 V i l I( I iYl �I� Z 905.76 f c0 o > - I 904 821 A (/)�� O N 04.178!905.2p i^ W c W c ( 4 111 i rn �I�C904.57 O N SERV CEO A.65�! ma c° (I X s9,` 25 4 98.98 M i 904.17 C Ji 905.2 m r + � �! N I a I °' i r l� � z o$ i �i L I 1 I l i Ii 11!1 N rn 0 a. - 3� ')14 I 90454 m f LCA ! I� ,.� UNDERGROUND 1 i X90 5 6 ELECTRI _ 90 `37.33 I ��� 904 .4 70904.38 50 N j 37.33 90 •@ I 30 ! 309 94.31905. 90� 905.46 � 39((o El 1, v 99.89 900.30 CJ j I ' ,906.22 N89 1' I P13.99 1 90i.90� cl3 1 V/ 7EXISTING V904.57 _ HOUSE AS -BUILT ELEVATIONS ONLY 8/2//02 YARD NOT SODDED Lot 7 , Block 2 CHESTERTON COMMONS NORTH SECOND ADDITION ANOKA COUNTY, MINNESOTA Subject to easements of record, if any. in O O N s M Vtbic)t AdihfCflq)jer ACCesS , x 1 INCH = 30 FEET LEGEND • ,-- Iron monument found O - Iron monument set and marked with license No. 18420. x 800.0 = Denotes existing elevation <� = Denotes proposed elevation from grade or development plan - Denotes drainage & utility easement r-- a Denotes drainage arrow 13 = Denotes offset iron Bearings shown are assumed - am•0-1= Denotes proposed contour from development or grading plan ® = Denotes as -built elevation BOOK n GE I hereby certify that this survey, plan or report was prepared by HOkcnson me or under my direct supervision and that I am a duly Licensed Anders Land Surveyor under the laws of the State of Minnesota. n p Cha R.R. Christo on, MN License No. 18420 Assoc., nce CIvK Enpineers and Land Surveyors 3601 TrKrstm Ave, Anoka, WrAmta mm I 0� 763 -427 -3860 FAX 763 -427 -0320 Date Job No.: 2350.72 txhiilif A