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Home My WebLink AboutCC October 15, 1996 / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - October 15,1996 agenda Call To Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes Bookmark Name minutes Discussion Items 1. Defeasance of Bonds bonds Non-Discussion/Consent Items 2. Closing of Funds 3. Transfer of Funds 4. Release Letter of Credit/Nightingale Ridge 5. Release Cash Escrow/Emerald Glen 6. Release Cash Escrow/Weybridge 7. Accept Easement/Sharon's 2nd Addition/Lot 5, Block 1 8. Approve Contract for Site Investigation/Moms Salvage Yard 9. License Renewal/Gambling (Pulltabs)/Andover Lions Club 10. Approve Classification and Sale of Tax Forfeit Land 11. Award Bid/Sale of Lot 1, Block 1, Hartfiel's Estates 12. Declare Cost/Order Assessment RolI/93-30/Bunker Lake Blvd. Service Road 13. Accept Assessment Roll/Order Hearing/93-30/Bunker Lake Blvd. Service Road 14. Declare Cost/Order Assessment RolI/96-14/14210 Crosstown/SS & WMdclr9614 15. Accept Assessment Roll/Order Hearing/96-14/1421 0 Crosstown/SS&WMacpt9614 16. Declare Cost/Order Assessment RolI/96-23/Kottkes' BuslWM dclr9623 17. Accept Assessment Roll/Order Hearing/96-23/Kottkes' BuslWM acpt9623 18. Release Letter of Credit/Prairie Oaks Community Church church 19. Approve Hiring/Public Works Employees hiring 20. Final Payment/95-23/Woodland Terrace Traffic/ fpay9523 Service Road Entrance Removal 21. Final Payment/96-61'96 Misc. Concrete Curb and Gutter 22. Adopt Ordinance/Street Name Change closing transfer nightingale emerald weybridge sharons moms gambling tax hartfiels dclr9330 acpt9330 fpay966 street Mayor-Council Input Payment of Claims Adiournment CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ; DATE: October t 5. t 996 AGENDA SECTION ORIGINATING DEPARTMENT Approval of Minutes City Clerk.\ ~ .\l' ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: October I, 1996 Regular Meeting October I, 1996 EDA Meeting September 25, 1996 Special Meeting , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 15.1996 AGENDA SECTION Discussion ORIGINATING DEPARTMENT Finance ~"" Jean D. McGann lITEM NO. I Defeasance of Bonds BACKGROUND: In 1986 the City of Andover issued the General Obligation Improvement Bonds of 1986A in the amount of $1,795,000 and the City also did a General Obligation refunding bond issue in the amount of $2,485,000. Both of these issued specify that the City may elect on February 1, 1997, and any interest payment date thereafter, to ) prepay bonds on or after February 1, 1997. At the present time, there is $584,434 available in the Improvement Bond of 1986A debt service account and $1,378,508 in the 1986C refunding debt service account. The balance remaining on the debt is $695,000 and $1,225,000 respectively. The future interest savings that could be acknowledged for these early payoffs is approximately $425,600. This does not take into account the interest the City could earn ifthe money was invested at today's rates. At the present time the interest rate we are paying on the debt varies between 7% and 8%. The amount we can receive on our investments averages 61/2%. REQUEST: The Andover City Council is requested to allow staff prepare the required documents to proceed with the call options. \ j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 15.1996 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT Finance(~ Jean D. McGann lITEM NO. ~ Closing of Funds REOUEST: The Andover City Council is requested to approve the closing of the following funds. FUND TO CLOSE CLOSE INTO FUND REASON FOR CLOSING / Improvement Bond of 1985 PIR Bond defeased in February, 1996 Improvement Bond of 1986B PIR Bond paid off as of October 1, 1996 Andover Fund Fest Fun Fest Committee Committee has decided to open own checking account (see memo attached) ) MEMORANDUM ) DATE: October 7, 1996 TO: Jean McGann, Finance Director FROM: Vicki Volk, City Clerk RE: Andover Family Fun Fest Funds The Andover Family Fun Fest Committee has decided to open its own checking account. Therefore, please issue a check made payable to the Andover Family Fun Fest for the funds available. / \ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION I DATE October 15.1996 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT Finance ~C:f'\' Jean D. McGann lITEM NO. ...3 Transfer of Funds REQUEST: The Andover City Council is requested to approve the transfer of funds from the Water Trunk Fund to the 1985B/1995B refunding Improvement debt service fund. BACKGROUND In 1985 the City of Andover issued an Improvement bond and subsequently refunded this debt to receive a lower interest rate. A portion of this debt is to be paid through the Water Trunk fund. This transfer will pay the 1996 principal and interest portion of the debt that the Water Trunk fund is liable for. Required amount of transfer $234.441.25 \ j ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS DEDICATED TO DEBT SERVICE PAYMENTS FROM THE WATER TRUNK AREA CONNECTION CHARGES ASSESSED WITH VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, Resolution Number R071-95 authorized the refunding of the 1985B bonds issued to finance various improvement projects including trunk water expansions and extensions. WHEREAS, water area assessments and water connection charges collected by the Water Trunk Fund are pledges to the retirement of the bonds sold to finance the construction costs; and WHEREAS, payments during 1996 in the amount of $190,000 for principal retirement and $44,441.25 for interest expense have been recorded within the 1995 Series B debt service fund on behalf ofthe Trunk Water fund. NOW, THEREFORE BE IT RESOLVED that a transfer from the Water Trunk fund to the 1995 Series B debt service fund in the amount of $234,441.25 is authorized for the payment of the 1996 principal and interest obligations. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria V olk - City Clerk , .J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE October 15.1996 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT Finance ~~~ Jean D. McGann I ITEM NO. .I{ Release Letter of Credit - Nightingale Ridge REQUEST: The Andover City Council is requested to approve the release ofletter of credit no. 1 824-796SA dated July 23, 1996. This letter of credit was submitted by North Suburban Development, Inc. for the park dedication fees related to Nightingale Ridge. , , The letter of credit should be released as the actual amount of park dedication fees have been determined and will be submitted to the City of Andover in the form of cash. , .' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE October 15.1996 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT Finance S~ Jean D. McGann lITEM No.5 Release Cash Escrow - Emerald Glen REOUEST: The Andover City Council is requested to approve the release of the cash escrow for the plat of Emerald Glen. This cash escrow is in the amount of $669.84 plus accrued interest. The work on this project has been completed and should be released. '\ / \ \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE October 15.1996 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT Finance ~ Jean D. McGann I ITEM NO. t> Release Cash Escrow - Weybridge REOUEST: The Andover City Council is requested to approve the release of the cash escrow for the plat ofWeybridge. This cash escrow is in the amount of $600.50 plus accrued interest. The work on this project has been completed and the cash escrow should be released. . / \ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: October 1 5. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Accept EasemenUSharon's 2nd Addition/ Lot 5, Block 1 ~ Todd J. Haas, Engineerin~ The City Council is requested to accept the quit claim deed for utility purposes over that portion of Lot 5, Block 1, Sharon's 2nd Addition. The storm sewer that the City installed was relocated closer to the pad area to avoid removing some nice oak trees located near the rear lot line. . / ) ,'I" t.,..m ;\iu_ .\1-:\1 -. tJltr (~J..-\I,\I V~ ('tnptlfalllJlI or Parlllcrship Itl ('tllfl.lf<tlioll or P,lIl11Crsllljl MiUllt;'M>l.a Unit.lfill CunveYlIll..:i"t: hl..JU;.1 (I ~7:-.) Millerl)..vi~ C, . ~,l ('lIul hy _ Deputy il",s~rved fur rc(,;or.ling data) No dclin4u~nt taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) nut required ('ertiti"ale of Real Estate Value No.-- ____~_____ .~. 19-- County Auditor STATE DEED TAX DUE HEREON: !lat,,: September -.d25_ .19. 96 I:OI( VALUABl.E CONS\l)ERATlON. Meg'Jt__OevelgpmeQ<- Co., LLP_ a Limited LiabilitLi'artnershie.-_ . II Minnesota . ____ , Grantor. hereby conveys and quitclaims tu_ The City of Andover___._ Municipal Corporation_____ under the laws of___Mlnnesota__ Anoka __ County, Minnesota, descrihed as follows: A 20.00 foot wide easement for utility purposes over, under and across the following described property: under the laws of __ _ , Grantee, a . real property in Lot 5, Block 1, SHARON'S 2ND AODITION The center line of said easement described as follows: Commencing at the Southwest corner of said Lot 5; thence North assumed bearing along the West line of said Lot 5 a distance of 26.8 feet to the point of heginning of the center line to be herein described; thence North 77 degrees 48 minutes 56 seconds East a distance of 101.80 feet. / (if llImc spa..'C il nef;ded, cuulillue on hiCk.) together with all hereditaments and appurtenances helonging thereto. Affix Deed Tax Stamp lIere Merit Development Co., LLP ---r- By c;" _ .,?,~' ,,~L'L= I Its Partner STATE OF MINNESOTA } ny COUNTY OF Anoka ....." Its - -- The foregoing inslrumcn~ ~as-ackn<:~ICdged hefore me this --</);~~ day of September hy Todd D. Gam _______ ____ ahtV_~~ --- the Partner irtJ of _ MeritDevelopmenLCQ.~ ~LP_ .____. a Lim.!teILU"bUity P1lrtnersrip ((nder the laws of Minnesota _ ,on behalf of the Part~er"hip 19--BG ~ '3 ~ / ..' ~" ~,~r~,~.~;,,~U"~{~:~"/- ""IIARIAI. SUMP UK n..u IUK UIII.I!:R IUU: UK H-'l.~K, \ ~ JAN THOMAS SKURDAL I ',.1. 'Or';' NOT ARY PUSLlC ;,; .' <; MINNESOTA . . .- {.:1fi-} '" O."..;l}t Dl'f{S Ol-lHOOl Tu Statements I,ll tho.: le.oJ prol''''lly de.scrihcd in l.his inMllIOIn,( :--h"uhl he scn1 to (induJ.: IklllW and adJn.:~s ofGran1ee): The City of Andover 1685 Crosstown Blvd. Andover, Mn 55304 I illS IN.slIl.I'Mn.. WAS IlK.\n..1l UY (NAoMI!: AND AlIutU:.u) Registered Abstracters, Inc. 2115 N. 3rd Ave. Anoka. Mn 55303 J ~~ .., t..- . _ ~5T -1._ 30 - - -135- -:- -- 1-. _ . c:( I ~ Q) ~- - ::l Z . ::r: ..c: ...-t :n.f>q.~ I r, t- PdQ · ,I, ...-t . ____ Ooftl 1'1' -oJ 'tl a.. ~ o ~ ~ g -'-- en D:: r-l I( '" I~/-) ~ i __I 1- " I" ... r ~ I. ~ '" ~ 'Q'O"O / / , , '-. I // \ I /' ----- / } /// - ( ~"v I . ( ~ -" '- / .... &(J&_ ~ I ( CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: October 15. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson'dt Engineering . ITEM NO. Approve Contract for Site Investigation/ Moms Salvage Yard r. The City Council is requested to approve the contract with Maxim Technologies, Inc. in the amount of $8,500.00 for site investigation for Mom's Salvage Yard. . / ,J ; Maxim Technologies, Inc. QUOTATION PROJECT/INVOICE & WORK ORDER NO. J SALES CODE CLIENT CITY OF ANDOVER ACCOUNT NO. 1685 CROSSTOWN BOULEVARD NORTHWEST PROJECT PHASE II SITE INVESTIGATION ANDOVER, MINNESOTA, 55304 "MOMS" SALVAGE YARD ANDOVER, MINNESOTA CONTACT SCOTT ERICKSON PHONE (612) 755-5100 CLIENT P.O. FAX (612) 755-8923 2 REPORT COPIES FOR CLIENT TYPE OF SERVICE CONDUCT PHASE II INVESTIGATION TO DETERMINE POSSIBLE PRESENCE OF CONTAMINATION. SCOPE OF SERVICES MOBILIZE ENVIRONMENTAL SCIENTIST TO SITE AND REVIEW AVAILABLE AERIAL PHOTOS OF SITE VICINITY AND CONDUCT WALK THROUGH OF SITE TO IDENTIFY POSSIBLE CONTAMINATED AREAS. CONDUCT UP TO 12 HOLLOW-STEM BORINGS TO GROUNDWATER. COLLECT SOIL SAMPLES FROM EACH BORING AT 2.5 FOOT INTERVALS AND SCREEN SAMPLES FOR EVIDENCE OF HYDROCARBON CONTAMINATION. ANALYZE UP TO EIGHT SOIL SAMPLES FOR VOCs, PAHs, PCBs AND RCRA METALS. PAYMENT o Payment on delivery of report o Lump Sum $ TERMS o Prepaid FEES X Unit rates (See attached) X Invoice to Client Estimated total $ 8.500.00 \ SEND COPY OF REPORT TO: ; (IN ADDITION TO CLIENT) REMARKS I UNIT RATES TO BE BILLED AS FOLLOWS: FIELD TECHNICIAN @ $45.00/HOUR; PROJECT MANAGER @ $85.00/HOUR; VEHICLE MILEAGE @ $0.40/MILE; PHOTOIONIZATION DETECTOR @ $35.00/DAY; ENVIRONMENTAL SCIENTIST @ $55.00/HOUR; GEOPROBE @ $100.00 HR; SOIL SAMPLE ANALYSES @ 625.00 EA. THIS QUOTATION IS VALID FOR THIRTY DAYS FROM DATE BELOW AND IS SUBJECT TO THE ATTACHED GENERAL CONDITIONS JONATHAN P.NEDVED OCTOBER 7,1996 Maxim Representative (Print Name) Start Date JONATHAN P. NEDVED t;t M"'?tJ N.m1) \,'-. ~~ (JaXim Authorized Signature O~~ C{/ (qtf6 Date OCTOBER 30, 1996 Completion Date Client's Authorization By (Name of Client's Representative) Maxim Representative Accepting Authorization (Name) 612) 659-7518 (612) 659-7348 Phone Fax Date Authorized GENERAL CONDITIONS SECTION 1: PROJECT INFORMAnON 1.1 Client wdl make available tor M.,...,'s review "'known inlormation regarding .-...ting and f:n~~.~~~ C;::'::nv::. ~:r~r: =:=:-:,,:~,::,on:,-:m":=~. bUt not haz...Gous SUbStanc... Client 'WIll immediately U-.nl. to Maxim *'Y ~ In'ormanon whM:h becom.. ~"ab141 to If. ill contractors.. ~.nt. or suocomrKtotS. 1..2 CU..,. .".. to render r.u0n8bte USlStanca .. requated by Max,," so 1M o<<1orm--=_ 01 the HNtQ(sl may proceed Without delay or Imllf1trenca and. when required by M..im. (0 pr<Mde.. rept'eMntllnva to anaww QUeStions .oGut me pro;ea.. If IN servtceisJ _ to M performed require the presence of Maxtm penQnneI on S.1.. Client WIU provide ~ regresentatrva at the Site to SU~lS4t or e- "owte ttM PJOfect, When requwed by Muim. upon 24 ~ nottc.. Upon request 0' Mum , 'Of" ta prOVIde surtlbta work SOKll. ". ,IXJm will not ~ 1ieI. for.,V acNtCII. judgm~. or cMc::ision based on.,y in.eccuntt. in....../'I.bOn. t~ by Client or oenera eno-ged by Dr for CUenr. ~ en." wUllndemnltv Muim ~~~I~r:ELOb~o:.;:cc~s=trr= =~ I' the MfVica to M S*1orm.d reQUlr. MDim ~ on sit.. the 1041ow'"g proYfsions .... looIk:able: 2.1 O.,t WlQ indicate to Maxim the PI'OC*'tV II..... and be respons;bI. for accurKY 0' markers. 2.2 CI*'t will pl'ovkta !!9ht-o'-1f\trV tor Mum ~ Ind .qutpment. 2.3 Maxwn WIll _at Client in acptving for and ~laaNnQ permits and aDPfav"s nonn"ly reauired by I~: ~. Uilllmate r..oonslbility fOl obtaining the. permItS and approvats rem.ins on Client. ~.~~~M::inw:.~~eo':'::",:~t~IZ~~::~~c:'~ of wry damage ~ the responsibility of Client. or. Maxam', option. the cWnaoe may be corrKtIld by Maxwn .ro billed at CGSt Qtus 25" to Client. 2.5 CJJ.1t wdl be responszb4e for locating aU SUbt.-ranun lttUC:t1Xes or utiliti... In performing the SSiI"VIQI~sl. Mann 'Mil take reuonecte precauaana to avoid lUimage 01 injtMy 10 subt."...,..., stl'UCtU".. or ualiti.. ldendflecl and located by C~ent. 2.6 Client WIll indemnify and ho4d M..." harmlus. .x.c:eoc to me ext..- Maxim is fOU'\d to ~ at fault. for any dam~ indUCIinQ but not limit., to c:IUft..up costs. reoMs.. and reotK.-nent. daemecl by any one. or a r......t of "'8Oe to subt....-....n stl'UCtureI or utlllties which .... not caued to Maxim's attention or not COfTectty shown on tN p'ane or other informat"," furnished. ~ a::~::~a~='i~=~ ~~'::r~~~=.:,~ :s~': ~~t~:.C~be PCMCtecl to occw. Refilling may be MCIISAIV to avoid an unsafe condition. This reflmng is the ~eCncrN crir=~bilitY of ClIent and is not the rapot\lJbility of Maxim. T_t sampl_ or speeim.". may be conamed or subsUntialty altered during testing. Maxim at its sate discretion. may diaoo.. of any riWl'lU1H'1Q rnK1ue. satnp.s or spean_ immedlat"y upon comDlenon of tests as fOllOWS: 3.1 NONHAZARDOUS: Muim mav retain nonh&zardous samples and/or residue fOt a maximum of ~ (301 Ga'fli aft... suomiuion of Maxim r.DQrt. At Maun's ~ton. or uoon request by Cli<<tt In WI'ItInCJ. SUCh sarTlptes 'MIl be Shi~. at CZienu expense. to destJNuon selected: or Mann can store tt1.-n fOl' ." agrMd storage ctlarg. and time penod. Client aqr... that Client wiU not hold Maxam ~ Of liable for ..,." Iou Of damege of tllSt soeOmens Of sampl.. r.tained in ~!~iliRoOUSIPOT'EN'nAU. Y HAZARDOUS: Client is resOQnSibMI for aU hazardous or potentially hazardous matenaUsJ/SuCstances wrMch are present on a project sit. and/or submitted to Maxim. $.-nples 5UDmitted. retrieved. ~t"'lId or determined as containing any hazardous or potentiaity ~ materialsJSUCStanc.. wiU remain the property of the CUent who will be sotely and comp&etely r~tK. for tf14Iir prOD<< disposal. Ah., completion ot test!r'9. and at Client's SOle axoense. Maxm may elect to III r.turn sUCh saonpta Wld/ot residue to Client or the P!.'?;iec:t site or: IIi) MalUm Will h.ve such sarnples .-.rJ/or residue transported to a loeatlon selected by Client fot flnaI dIaQosal: or mu Muwn may disoose ot the samples. CUENT AGREES TO PAY ALL COSTS PlUS A HANOUNG CHARGE ASSOCIA TEO wrTH THE STORAGE. TRANSPORT AND DISPOSAL OF SAMPLES AND/OR RESIDUe. Cli~t tllttler a9'ta [0 fumi$h. It Muim's request" I manifest mn8~~;~2e-;A~:e:r'ber and SIgned by Client and genetatot. ....1 ~axim. will submit invoic.. to Client monthly.. .and a flnal invoic. upon completion of servicas. InvQ1C8S wll. show chargn based on current Maun Fee Schedule or other agtftd uoon basis. -4.2 Payment is due upon receipt 01 Invoice. cnent ~HS to pay interest on unpaid invoice balances at a rate of 1.5% per month or the maximum allowed by law. beginning thirty (301 day after Invoice date. ::r;9i,:r.s~~ nobortv di~..;.,~~ri~h ~~~~1:~: d~~O: ~ti~:rl~:~ ::e a~:3-:orrect. C' \. resPOnsibl. for paym.nt 01 ill mtountS not in disputL Mann ind Client will diliget'ttty ~L ~~"8:N~~.pt'OFS&cur,:::~-: ~geU~~Maxim REPORT 5.1 ~ll doaments prepared by Maxim as instn.ments of s.......tca wiU remain the property of Maxvn. 5.2 CIi....t aqrees that all reportS and/or other ,items furnished to Client or Its agents. which are not paid for. WIll be r.nxned uoon demand and w:'11 not be used by Client fO( any purpose wtl.atsoever. 5.3 Unless otherwise agr-.d. MllJUm will ret.." a&l f)ertlnent recor:dI concenung s~ees performed ror a penOd of two 12J years aft.,. the r.pott IS sent: during that nme. the records 'NUl be made aYuab,le to CDent during Maxlm'S ~aI bUSiness hours and subf.ct to a r.asonable charge. 5.4 Except as may ottlerwisa be prOVided In.n attached Proposal Of in any Addendt.n\ to Generll Condinons. CIi....t may \oIIe the Maxim report in itS entirety and may make cOPi.. of the entire reoort .v.liable to others. Client shall not make disdosure to oth4trs of any portiON! of a report constltUti"9 less than the entwe reoort. The report and any r.lated documentS Will not be and are not intended or reoresented to be suita~. for reuse by Cli.nt or others for extensions of the project or tot any ocher project or pUrpOSe. Maxim is not responsible for the interpr.tatron by others of the information developed. 5.5 Th. report and any related documents are not to be used tor any mark.ting or advertising ~""DOSes WIthout me bPfUl pnot written consent and a~ptOYaI 01 Maxim. S~ON 8: DISPUTES 6.1 Client Will ~y all r~abl. collection or licigalion uoenset including attornev f~ Maxim incurs in COllectll"Mjl any delInquent amount Client owes und~ this Agreement. In addition. Client shaH pay Interest at the rate ot 1.5"" per month. or the maxlmun aUowed by law. on any past due b-'at1Ca. 8.2 If the Client institutes a daim against Maxim. at law at oth.rwise. whieh is dismissed. or which Client f-.15 to prav.. or judgment is substantiallv In favor of or rendered for Maxim. Client will pay Maxim tor all costs of def.nse. indUding attornev 'e.s. expert witness t~ and court COSts. 'n idditlon Ctlent shall pay interest at the rate ot 1.5% pet month or the maxImum allowed by law. on inv oast due balances. SECTION 7: PROFESSIONAL STANDARD AND WARRANTY 7.1 Maxim services will be performed with that levef of car. and skill ordinarily exercised by ~emo.rs of the profession .currently practicing undet similar conditions including. Out not limited to. tvn.and budgetary constraInts. No oth.r warranty. .xpress or implied. is made. except as may be sDeClricaUy otherwise noted in mis Agreement. 7.2 ~f any tailure to meet this standard appeirs within one (1) year from completion ot the services. Maxll11 wI/I reperform the services at itS own expense. This is the sole obligation ot Maxim and the seN. remedy of CIi.nt. 7.3 CUent r.cogniz.u thoIt subsurface or inKcessibl. ar.a Conditions may vary from those actuaUy encountered in bonngs. SUfV,yS. samplings or .xplorations, and thai intormatlon and rKOmmendatlot\S de:v'eloped by Maxim are based SOlely on the information available to Maxim. !=lient tunher rltCOgnlZes that even a more comprehenslV. sampling and t~ting pro9ram performed In accordance with . professional standard ot car. raay fail to d.t.ct certaIn condillons because ~: :~:uZ:~d~tC:'~:e~ ~~~':oi~~t =r=e~::';if~c:-:~i1r~ 9,:~~~~~~a~~~ charlctenz. [0 exist based on the umpling. Maxim is availabl. to ex~ain co Client how the risk of such differences may be r~ed. but no~ .UmiNled. by an exoanded scop' ot seNices so that Client may determine it it wtsnu to modify tI'I. sCOGe of seNlces oased on Client's risk preferencn and other consideratiOns. SECTION 8: INDEMNIFICATION AND UMITATlON OF LIABILITY 8.1 Cli.,nt agrees. except to the extent Max~ is found to be at 'ault. to assum. .ntire responsibility and liability for all damages or Injury to all perso~. whether employees of CUe"t or OtherwIS.. and to itl property. arIsing out of. resultIng from Of' In any manner connected with. the execution of the setvlcelsl provided, for in this Agreemenc or occurring or resulting from the use by Client. Client's agents. employees or contraCtors. of materiils. eQuipment. reoon:s from Maxim. or oc~er documentS or ot1\er property. whether the same De owned by Maxim, Client. ~ third ~an:les. CI,,, rther agre~. e?Ccept to (he extent Maun is found to De at faUlt. to indemnify. de'end ind :s_ ~~~.i.~~":;; i~~~:d~o a;n~o~:':.e~~o~~:~1 ~~.~~isCI~~~a~f~~.tet~e~~~u~~~r agrees to ODtal". maintaIn and pay for such .nsurance coverage IS will inSlKe the proviSIOns of thiS paragraph. 8.2 II S<<:tion 7.2 doa not apply. CD... h...eby ..... th. to tM tuaI.- eJlt.nt p-.nrned by lew Mutm.s tOC8lllabHtty to oa.nt tot..., Md... fntur.... d_ma. 1oN_. .sp...... ot dameQ.. . _hat8cMv.... ertainQ out M or In -rv N&ated to t.... CN'~8CI or this A9"_.nt. '..om ....,. C8UM or C8UMS.. inc:Iudlng but noli: limit.. to. eu..... nea'lQenc8. "on. 0fnlUt0na. .RriQ 1&ab6Iftv. btucn at contrllCl. or breech or _.ramy. sh*I not allce.d the tot. corn~lon received by M&Idm under ttQ A9"""'ent. ~.3. ~n no event. whether baaed Of! contract. indemnitY. w.....anty.. tOft Unduding neQligencel. SIner 1~lIty at ethetwtSe shall. Maxm. Its ~pIoyees. 01 SUOPtI.,. be li.atlte fOl' specal. incidental. ~::'~~~=tc:"~=-...-=~i~=.~~:;,~~,:.:t:: ~~ loss downtwne COlts. or ewrn. 01 CUStom.... tenants" less.... or Invrt..'S of Client tor sud'l damages. TN Client. to the maXImum extent p.muttad by law. 1~"'t1_ Maxim agamat any such dairns from CUent3 cu.tom..... t....us. las... or ItwIt... inclUding dalms "'sed on alleged. neQUgenca. sh'lCt liabtlitY. 01 breech ot contract bv Max~. It tM Client ~ futnlShing MaJUm's Hn/'1C8S to a third p.-ty by contraCt.. the CJlent shall obt.alll from such third party a orCMSion aHOf'ding Maxim and Maxim's suapfters the Df'oteetlon of this and ch. precedi"9 p...a9"loh. :(:.:,c:,~.:cn~t~:~~ ~~ ~: ~a::t'ai~:~c::nth:=::=" w::;,e the appt!cabl. st8ndard of ~e. 01 that .are es..'lt.i*,ty based. upon such brucl'l Of'such f........ shall be ~ed aft.. two y..-s have passed from ~ tw:n. the dun.,t knew or Sholad tw.,. known of its dam. ind under no dr.cumstanees ~I be Inlt..ted aft... tOW' Yllws have 0UHd from the date on which Maxim subatanually completes Its S8lVlees or from thl date wNeh Maxim's services are terminated. wnichev.. Is .arli.... 8.5 Mnim will not be resoonsib4. for any loss ot' liabilitY arising from negligence by ClIent. Oient"s employees or Iget\a. Furtner. Mum will not be rUOOl1Sibt. for acts. omlSStOl"lS or the fadur. ot any parties ~ in the deM;n 01 of any contractor or SUbcontl'Klor on the Pro;.a: to perlorm and/or compfy in ~ wtttl recommendanons contained in ~ COI'Tesoondenca ot verMI recommendations issued by Maxwn. SECTION 9: INSURANCE 9.1 Max1n'l wdl carry workers comoens.at6on jt'tSU'~ and public UabilitY and CW'OOer1y damage inswance po6ides which Maxim COf1SIdered ideQuat.. CartlhcatllS of insurance WI. be Pf'CMd.d to Client uoon r8QUtlSt. SECTION 10:TBUO~nON i~O~n::Jrr:i~~ '::u~~o ~=. ~~=o:,-::: ~ :VSeff~~i~~:.=re failur. is remedied befor. expiration at th4t seven 01 days.. UPOn termination. Mann Will be paid for HtVica performed to the date 01 termNboft. plua r.aonabI. termination expenses and SUbj-=r to Section 3. 10.2 In the ft'ent CDent fails to CJSV MaXim within sixtY 1601 dayS following Invoice dat.. Maxim may consicIer tNl default a subslantial failur. to perform ttIia Agreement and all dutia and liabilities of Muwn undet this Agreement terminated.. 10..3 If this AorMment is terminated priOr to ccmpletion of all reportS contemplated by this Aoreement. ot' SUSC)ended tor more than ttv.. 13J rnontI'Is. Maxim may complet. .,...,.. a"d =ro:,=. .:.:::.:= :s:::.:,,~::.:: :iU-rnd-:ec:~IIt~~-:n CC::P'~~es. rec~ds. reporu. and .s.npl. dispersal. In the event ot a suspens.aon of work LW\der !his.AQreement. Mum reHt'VCS the riQht to adjust itl fees to the Maxim Fee Schedule in effect on the dati work is r~ed. SECTION 11: ASSIGNS AND THIRO-I'ARTY BENEF1ClARIES 11.1 Neither party may assign dUO_ or interest und... this Agreement wichout the written consent of the ocher party. 11.2 This Agr..-nent gives no rightS or benefits to anyone other than me cnent and Maxim and ~1b:';~~O'M~~arty beneficianes. 12.1This AgreerniWll may be arnencled only by a written amendment signed by both Client and Maxim. SECTION 13: DElAYS ANO UNFORESEEN OCCURRENCES 13: 1 If Maxin:' is deWf~ in performana due to circumstanc.d beyond its control inducIing. but not limited to. SInk.. flte. not. ACt 01 God. governmental action. actIOn of . third party. or acnon ot' inaction of Client. the rme for P8rlorm.-c. shall be extended by a period equ8I to the time lost by r.ason of the detay. If the detay is caused by Cliem:. Maxim will be entitled to payment for its r.asonable add""rtionai charges due to the deiay. 13.2 If. during the performance of services. any unforeseen hazardous substances or constinJents or om. unforeseen conditions or occwren:ca. are encaunt.,ed w"icI'I. in MaXIm's sole fUClgemenl may. significantly aHect the S8I'VtClIS. the nsk irwotved in prOV1dlng the SetVlClIS. or the scope of servteeS. Maxam will agree wttn cnent to modify the seape of s.Ntc:n and provide an esom..e of additional cnarges to includ. provtsion for the previously LWTforeseen circumstances. sUCh rtMsjon :~c: 'Zff~~n:"sia:-:a: ~-:~~~=ng~~ :,~C-r.;:~~-;;:~:.,~eaxim for services performed 10 the date of terminanon. plus reasonable t.munatlon expenses. SEcnON 14: MANAGEMENT AND SAFETY RES'ONSIBILITY 14.1 Client or Client's designated contractor. shall have sole and complete responsibility for project site safety conditions duting the course ot construction 01 other activities inclUding saf.tv of all =:I~f:j~~ ~i;:~=esno:.~~~~ t~:o;n~:t~~' ':~IX::t -:.u ~ed to retiev. Client Of CUent's designated contractor from the resporlSl,bility for maintaining a sat. sit.. 1-4.2 Maxim wiU perform prot~ servM:es in accof'C1anca with custom and practice within the locality and in no instance shall be const:r1.Ied. deemed. u.aumed. 01" impfied to be responsible for or have c~ control of (il the m.thods or performance of the work. or any servtces other than those SpeciftCaUy provided bV Maxim per INs Aor.."....r. ,IX rlll suoerintendence. 01 (iw) seQuencing of construCtion. or 1M saf.tY in. on. or about the prOJect SIte. _ ~04; ~~:"~ ~a~f:~a~~cr O:~~=~~ ~~~ ci!:~~ :::~ ::t1C::'PO~n~ ot aher servICes .. performed bv Maxim or any of its agents or Its subcontraerors pursuant to chIS Aoraem.nt. whiCh is alleged to have resulted in or ~ed disease or any adverse health candition to any thit'd patty or resuUItc:l in costs for remed~ action. d.an-up. uni~tlltaOdity of the property. 01" other property damage then: Cli.nt igrHS it ItS cost to derend Max,." in any sucn SUIt or c3im and pay on Maxim's banalf any iud.getnllnt entered against Mann. ineludi~ any interest thereon. Client 5tW1 have the nght to investigation. n89otiat. and s.nt.. With MaXim's concutt1lnce. .,y suCh SUIt or daim. and Maxim Will cooperate .n the def.nse of any suit or dam. 1..... Maxim may report bur will not be responsibl. tor r.porting. to any fed.ral. stat. or local pUblic agencies any conditions at [he sire that may present potential dangers to Public h.alm. saf~ or the tnV"orwnent. Client a.or'" to notltv the approonac. federal. state. or local puOlic agenoes as required by law 01" ot~. to disclose. in a t,,"e1y mann.... any ,"formation tl\at may be necessary to preven.t any danger co health. satetY. or the erMrotvnem. In connection with any hazardous or pocentl.lly hazardous waste. Client agrees to ~ maxunurn extent permitted by law to defend. hold harmless and indemnify Maxim from and against any and all deims and liabilities resotting trom (i) Client's vlolanon of any federaJ. stlte of local st.t~e. regularlon or ordinanc. relating ro the disposal or handling of hazardous substances Of constltu.nts: (Ii) Client's faIlure to disclO$e presence at sud1 haz8.'c10US substances 01 constituents: tllll d'lanqed COnditions or hazardous substances or constituents inltocluced it the SIt. bV Client or third PartY before or after the compllltion of Maxim'. s.rvices herein; (M Client"s undertakin1 Of or arrangem.nt fOl the =:~e.,':f~ ~~~~f~~t:~ s~t:;Sl~)~:~;ti::~~:x~~:r:=~~~~~t:. operator, treater. storer. uansDOrter. Of discoser under the Resourc. Conservation and Recovery Act ot 1976 as amended. ComprehenSive EnvirGrVnental Response Compensation and Uabiliry Act. or sjmilar federal. state or local regulation. Qf'dinanc. or law. The foregoing indemnity prcv;si~ extends to any claims. causes of action or liabilitY whiCh may be assert.d against Maxim or whtch may arise out of any alleged contamination ot any 'QUlfer as a result of contamination of certain subsurface ar.as. as for example when a pl'obe. boring device or well dev1ce moves through a contaminated ar... linking it to an aquifer. underground .tream or other "yarous body not previously contamll1ated whlCt1 allegecly results in t"e s"'tlding of hazardous substances. materiil! or wastes to any other Meas Of hydrous bodies. SECTION 15: SevERASIUTY 15.1 If any element of this Agreement is held to b. unenforceabl. aU remaining provision shall continue in force. SECTION 16: SURVIVAL 16.1 The obligations under sections 1.3: 2.7; 3: 4: 5:. 6; 8: 9: and 1. shan survive the Con:'gl.tion of the services hereund.r and or the termInation of thiS AGREEMENT. suOject to the ~rOVISlons of Section 10.2 SECTION 17: ENTIRE AGREEMENT 17.1 This contract represents mil entlr. Agreement between the ~atties and supersedes all plior representatlons Of agreemencs. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: October 15. 1996 Non- Discussion/Consent ORIGINATING DEPARTMENT City Clerk ~ ~ . AGENDA SECTION ITEM NO. License Renewal/Gambling (Pulltabs)/ Andover Lions Club 9. The City Council is requested to approve the renewal of the license for the Andover Lions Club to sell pulltabs at Pov's Sports Bar. Attached is a copy of their application and a resolution approving the renewal. J } / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO.R MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING RENEWAL OF THE CHARITABLE GAMBLING PERMIT FOR THE ANDOVER LIONS CLUB TO CONDUCT A PULL T AB OPERATION AT Pov's SPORTS BAR, 1851 BUNKER LAKE BOULEVARD NW., ANDOVER, MN. WHEREAS, the Andover Lions Club has submitted an application to the City of Andover and the State Charitable Gambling Board for renewal of their permit to operate charitable gambling at Pov's Sports Bar and Grill, 1851 Bunker Lake Boulevard NW, Andover, MN. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a charitable gambling license for the Andover Lions Club to operate a pulltab operation at Pov's Sports Bar and grill be approved. MOTION seconded by Councilmember and adopted by the City Council at a Re2Ular meeting this l..5.th... day of October , 1996 with Councilmembers ./ voting in favor of the resolution, and Council- members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: J.E. McKelvey - Mayor Victoria V olk - City Clerk \, J . " " ..' .. . ".FORBOARDUSEONLY I LG214 J' -,., :!';:~J,;. ::;j',,\ :;:.::'::"1.0" ",'. ':LYr.~1.t. ~BASE. ' (712ll111) " . ': );,if~l~fe~_.. _'__~.__,,, _ .., _:,. ;LS;'.;lL:L:~_...~::;~~; 1.,L{;1.~?5::L.: ~ ~:;:~L;::3__~i;Z~r.~1..t; t'ii~ 1~;~c{~~14;I~ti.1r:):~~;, ;,'/";', .,'; CHECK'l'I'Io~~lt"'i-.:'l~~J . " \,', ,. , .MInnesota l.a1QtU1 Gambling "', , ~ l \ H.____'' '---'PreDiises'pemut AppUcation '::. Put 1. 'of 2 ~\,:c} ,lNlTIA1.Sh ,\,:nJ'\~~>;.,} ,DATE ,'-~":':.:'.0' ~.\~j.. ~..-. '. ~ . '\~>"'\ . . ~,l , _, .~.!...:'1', 'I. ~ : 'J . ~ rI . "r'. L.:J- :';-~~"~' ~":. ~,\. . ':.\ Class of Premises permit \. " " "-. ' ; ',L: ,. ",! : '.,4chec:k one) .....:.....:1.::,., '" '"I.'~.I.. .>...~__ o A ($400) Pull-tabs, tipboards, paddlewh8els. rallies, bingo . '.)... "'~ \ ,..j ,,\ ~ .- ) \, i r.' ... \-\ .~\ ., ;~ ~'). . . "Q(I B ($250)'Pul-labs,1ipboaidS;paddeWhe8ls;ni/IIes : -. ':'" ,:i .;"O'c" ($200)" D.i_onIy'\',-';(c\., -'l'~""'(:~" \"";',,'t:i""\:.' - , '::r- ~,_ u...~..:\,-. ,t.i.\.__,",~",",o""L.._..,-:.-. ,0 0 (!'5,0) ,RallIes ontt ;;:f.~l;)~:I;}l~t~;z.:;s~lf: ~ ;r~~~~'r~~nLm~tt::'b~~iy ~. ..\J"~'\(\'::" i ,....'... .\"; i' f.e. . 'r:- Premises pannit number" ,. , 0 0 3 '" -' . -, ) ,.,',. .",': I", .' ,c,..... ~ "...... : ,'(,:,..,/-" ,7,' ,,"...t,., ',f ,,~-::.:" ....... -..a--..-. .. .." .~ j-"----- ... Minnesota LcwzfUI GambUng . ~Premise Permit AppUcation - Part 2 of 2 \:;.~,.'>:.. t~~'.;,.."O- ...J (!':~,-!~'.t.: #0 /)~ " 1. e. J .he II . ..'.. - - - ' _..: - ;.~.-. .~'.- :;- -- .,. -~. ,_... " G e .~ Je Q ~ ~':'.J~~-r -J ~<-k. 1Y)t'- KflJvf..~-' 19A14~VC,e ~-.. "13 '339 IlR/fD w It e.:J.I ~ +- ,1/1() 6.:z~ /,JJ! -In , 1l!../~ ~/"41S" h~1 II~,;~~::~~~~ .~~~~~~~::'~~/,~ ~~ . I ~ "3~), AI '.J It 1;"<1 ~e. ST"vlJ ll.QdH-tA' Sd"tS.~f1 ~ ~ '(i'"x'"g"s'teAu.O, O~'__"" .:.lamthechiefex~~~~~;~prgai1~~lIf$.J'frf~i~!d<' ; I hereby consent thatlocal Jaw enforcement offICers. the~;.:":'~_.1 assume fuA responsibilitY for the tair8ndlaWfii('opera-:~,.;' board or agents of the board. or the commissioner of . , tion of all activities to be conducted; ":~"~-7~:1~1~~/'.. ' : rev~nue o~ pu.t'licsafe~,~r_~~ of the ~~~~~~_e~,_~~..~1 w~lf~jlia!ize !"yself~i1~!~,jh!l~~ of,~I)~o~{"':".' ,::,j;~. ','. '. may enter the premises to ~i1fo~.~e ,Iaw.c:.,~, ":l:;' ""':.3~.;..... '~.!gov~"!i1igJawf~1 gamb6.ng"8l1drul~ O!,the,~.~;~;:. BankRecordslDf'ormation..... . .. ',."'._~'8gre.~.!J.~IJ~~.!Cl..l!bjd~~~~,~~.~._ , 'c,. -Th,e: ~8!d;is.J~~ed !o Insped the ~:records of,!he... -:'::J..; 'Including amendments to them; ~.':' .~:.;.:;7titlt:'.<;1't; ':: .; .::.; . ,'g,,~, qling,~" _ U".ot.wh, I-,e, ~,l!vern~~.~,fUIfjA """, \ }\,-: .";:'".~~,~an, ,Ychang~,~in., . "applicatio, n in"f,o rm, atIo, n,WI, :,D",~"",'.".,.,'l$l,,'~,,','.,'_,.,~,,',',,..,."', ',.":,.,,,.,.6,:,':'," reCtuir~~~n~ &f, ~~nt gambrngru~ and law~ iA:i-!"- .'-' . '. '-tt1e,bO~ana.:1o~ariinlrorgoyimrrieftf\Vkljjif{'-').~~~~f_:. . .-,~~~~~ih~:l~.~<}l 1 ., ',-_i~.~ ~f=:~;~~aiIUreto~ide.~~'.~~iJ~;~~ ' .1 have read this application and all i!1format~n.su~,rnitted ,,= ., _or ~v.iding fa~ R~,!!~~~i~ i~f~~.etb~~Y$s.ir!i ~';~~ /\ to the board Is true, accurate and complete;.-' ~. . ,.....".---,,,,-. --the denial or revocation Of the hcense;- -J l,~..._ 1[1: :<~.__ , .aD other required information has been fully disclos8d; '. " c'L.'" ; '.loC"-,....;, .;,,:);;>,r;~::.;.) c;j.;.-'"c ,~V:kt{J>.;;U:)'Zf.\:Ii'1.""'''., . -~........ .~:~ Signature 0 iet executiv r '.',.:,.,., ,.,.,.,.,.,.,.,...,.,.,',.,.,<<.,.", " " ' " " "'.' '" ',,' ",-,- ' ... ........ ,.., f, ,'f ::::I_;;.l. '-;"~ ,l.~!"...::.::.:::c;-:: e.;l'4:1 A'coov Ofth81oea1 unit of ooverflllier!rS'reSolutiori .:~';:'''::'" 1. The city -must sign thiS application if the gambfing prem-., , Drovino this 8oorICation must be attached to this 800r.cation:..:; ,: ' ises Is located within.c:1tylim~;"~':'~' . " >: .' r ~-".::,' 5. "this apprlCation Is denied by the)x:alunifofgovern'"!,iir. 2.- The county ~ANDto~shlp-'!I1JSl sign thIS appI'lCati~ if .- it should net besubmittlicl to the GamblinlfControl Board.:'\r~, thegamblingpr~mis8s'iSl6cat~withinatownship., . >,':._\ ,. . \C\,<\.<.\}" '")\..\~:'" ' 3. The local unit government (city or county) .must ~ a ""Townshlp: By signature below, the ,township acknowledges, resolution speclflC?lIy approving or~~nying thIS application. . . . that the organization is applying for a premises permit within . , ' township limits. ' . , "..:. , '., .~.\.:.., '- , '-', L'~ ......u Signature of person receiving application SignalUre of person receiving app6ca~~ TiUe Dam Received Tille Date Received Refer 10 the instructions for required allachmenls. '.'- .-.-. - ~~..-... _... ~. Mail 10: Gambling Control Board Rosewood Plaza South, 3rd Floor 1711 W. County Road B Roaevllle, UN 55113 ~"I""\~\'~~~~~_:~':::~~'~ . LG214(Parl 2) (Rev7I2lWl) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION .' \ '. ) DATE: October 15. 1996 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT City CletoP ITEM NO. Approve Classification and Sale of Tax Forfeit Land /tJ. Attached are descriptions of the tax forfeit propenies located in the City of Andover, along with copies of the half-sections showing their locations. The Andover Review Committee reviewed each parcel and has determined that none of them should be withheld from the sale for purchase by the city. / If the Council decides something different, the parcel numbers to be withheld need to be a pan of the motion. / /" -'\ </ \ . ) '. ~ / City of Parcel PIN II Description: UNPLA HEo PARCEL INFORMATION TO CLASSIFY AND APPRAISE TAX-FORFEIT LAND ANDOVER 15 32 24 32 0039 S 100 FT. AS MEAS ALG E & W NW1/4 OF SW1/4 SEC 15 T32 OF REC LINES. OF E1/2 OF E1/2 OF R24i EX Roi SUBJ TO EASE Geographic Location: THIS APPROXIMATELY 100' X 288' RECTANGULAR LOT IS LOCATED ON THE EAST SIDE OF SWALLOW ST NW BETWEEN THE HOUSES AT 15859 AND 15921 SWALLOW ST JUST SOUTH OF 159TH LANE. I-' en Z J ~ 1t'1/4 CORNER ; SEC. I~ -.- ~ " \j ~ @ (,1) .]SS 99 J>> .. .- /6/ST ,< ~ (,8/ ~(/') (P) ~ --- I rId I~ I IB , \j ~ ,. ..~ 'T - :. '. ,~ . -.' '4-\) '" /"J'.~ "'~\.: ," . ~ ~, \ .4., ) ~ f. - , I I , ) - - '. ~ :: ; . I ~--..... I '32'\:1 :\ )\'.. '_/ \ I i I I ,. ~ b \ [ I U1} )0,' t ~ ...:jt r. :o.:~ ~:. I ~~ I:' ~ ~. ~ : . "~8 ~~ (z~) :~,~ , &,) :lj fl.) (If) UJ) s . (II) (nJ ~ i-" k ~ ~ ,. ...: , . (II) ~ 'k (1) (I; : ':r , (7) (t1) ...., ",'- ~~ (ql . "'. ...... _'Pr;:--.. OSC;.r~' _ .~...' (.1) I 1 ~ ~. ~: 'f\~ to' ;: M ~ . t .,'$: \ f, '<:-~:;: I ~ iz' I ~~,~ :- ~..~ \': ~;::-:.'- ~I 41: "'- E I .... ~ I ~ J.,..AE1).:...ttlF...,-: ~ r : ~ ""70 ! , , , j, f/) i~ .._. j J__,~/; I. 'i.. :l . (..1) '.. rf ~_"d .,l.. .., (-IJ) (f~) ... I , , ~ L .. , ,.y 0-:. ~ "J'Mr '1~ ft) r sa"'C"J,-." r N.W, .. .... ,.,-,.'''''CJ,"", ~"s~~l'~ _ ! I i 1 ~ (J) (It; t., -"; (rI) (~,) ~ I (1/ (n)~',: " ., -....- (v) IR) t ... h') (o/i) ~J) ....;.,.: (,fJ (#) (#) M ~ w, ~ ~ 0, ~~ t:; (z) .~ o/_~"'.. \ '. J City of Parcel PIN II Description, UNPLATTED PARCEL INFORMATION TO CLASSIFY AND APPRAISE TAX-FORFEIT LAND ANDOVER 17 32 24 23 0001 THAT PRT OF SW1/4 OF NW1/4 OF SEC 17 TWP 32 RGE 24 LYG NWLY OF NWLY R/W LINE OF CSAH NO 58 SUBJ TO EASE OF REC Geographic Location: ) / THIS APPROXIMATELY 260' X 300' X 400' ELLIPITICAL SHAPED PARCEL IS ON THE NORTH SIDE OF VALLEY VIEW ROAD (COUNTY 58) AT GENIE DRIVE. ./IDt-" <11 r-:';:;;?~.v-' '~ ~l .:L ~ ~ (/4) , \ , / ~; r: I I ,j,," /N"~, .... > - a:: Q ft ~ ."lJ ~ -.." -..4 __,. -,~... "2-JO -'. "-:-.lj ~ ^.........:.' "<OIoO'rs..." ..;: :So (2) ~'''WE.~I...i_~ .4t: s=- -'<>0 '" (J) i2 ,~ @ L \. ~J :: ~ , ~I "V ~~ . ~ ~ ~ '" I, . '" ' 1 \:" ~ ~:.-:. ... h~ \ ~It..~ :. ':~ ~ (1) l~ l 'oS' ' '" :t~' 'I!J,"'~r I~''''AI N..,h~ ~~ ',' \ , J J~?J' @ \ ) .\ ~ ",' ~ '5~. +So~' ( ;l70 ,.. ,. ~ ('Ii) >,/,";.4?f' fIf) ~ i' I (14) ~/ . ~..<-- ~; --:{; ~i':. ~ ,- ~ .t . . . I (uJ ~"'81f ....'"~, oN*' (II) ~ .:: \ '" : ~ :r ~~. .. (14) (15) :) " " i ~ b " \~ r,J . I~ ., .~ p'~ .' '!.:r'~ ~ A'h'f,.NW I " ~ I " ,.. J.P.... .....,r,' -". (4) r~J : ~~.~ - ~ , I ~~/""'''A<- /,/'fII.-"," (:1) I '.~L , . .1::/ '.Ii ,<:, t (1' (13) 14V ,. ~) ~ .#~, .I.-~F" 1,,1 A'~.,. &" v,-"- " City of Parcel PIN '* Description: UNPLA TTED PARCEL INFORMATION TO CLASSIFY AND APPRAISE TAX-FORFEIT LAND ANDOVER 18 32 24 11 0004 THE S 660 FT OF N 1267 FT OF E 439 FT OF NE1/4 OF NE1/4 OF SEC 18 TWP 32 RGE 24, SUBJ TO EASE OF REC Geographic Location: / \ ) JHIS APPROXIMATELY 439' X 600' 16.6 ACRES> RECTANGULAR PARCEL IS LANDLOCKED ABOUT 225' NORTH OF VALLEY VIEW OR (COUNTY 58> AT GENIE DRIVE. ~~ , i O<FICES AFFECTING THE AREA SHOWN. THI3 DRAWING IS TO BE USED ONLY FOR REFERENCE PURPOSES AND THE COUN- TY IS NOT RESPONSIBLE FOR ANY IN. ACCURACIES HEREIN CONTAINED. 659/8 @ NECORNEIi 50:./8 /";1' 2~ea54/?~J. ~ -;:;";"'f~' '.."" _";'-,-- -:--<<:-etm~- ",- ., , '.. - \\ -:-, ~/ \ :\ ) J,_.-' """ 69 (1) (4) '" '1 , ;. ~ fJ) TRACT .8. .."h .L.. I I 1 "1"1:1 ...- L, "" e,-; Tlnl << J- I I I 1 (I.) (F) " ~ ~ (1) ~ ... ~ 1:, ; ~ ",$...1 ( /",11. ~ ... 4M.~" '\ , .... : \ ,,,. ~ .. ~ co : (,) .. '" ~ ~ ,S""".# -E- ......."n.... . A. TIIACT L TRACT f . f ,( , ...... , , , , I - 5. I I t;. ; ; I , I y I ~ '. l... " f!J ~ , I I I I I .L I ~) J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 15. 1996 AGENDA SECTION Non- Discussion/Consent ORIGINATING DEPARTMENT City Clerk 81) ~.or ITEM NO. Award Bid/Sale of Lot 1, Block 1, Hartfiel's Estates II. Bids were taken for the sale of Lot 1, Block 1, Hartfiel's Estates. We received the following: Richard Odland $ 2,501.00 with the assessments being assumed . I / Twin Star Homes $ 1 0,050.00 with the assessments being assumed Staff recommends awarding the bid to Twin Star Homes. . , i 2,-) o^ [,,-1- 1/ ~B/Oc.~ i) ~r-+~I~L-'S t:..$~T€:S ct{f ~'?~ / OC.. Ass.ec;;.~'YleV\h k 1.0<- 0\. ~<So. )~d # ~LvV1,Q,.V"d <C)d. L~V}d 7-./ r ~5 -L-verSi:!:>r7 Av-e NO :fOve5>-J- Co.~-L H7/7 " 55>0 z... c::> L/gz--/ d:>/ g- J - / '\ / / \ / Twin Star Homes Inc. 1971 208th Ln. NW Cedar Mn. 55011 753-5632 Bid for lotI blockl Hartfiel's Estates: $10,050 Buyer Agrees to assume the assessments of aproximately $12,500 For a total aproximate cost to the buyer of 22,550.00 s- _'_ ,.~",,-_-..., -'"' ~ - - '- - -" - -, .~, --...~~. '-:... ..~--,~ , / , ) \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 15.. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson, J ( Engineering f( ITEM NO. Declare Cost/Order Assessment Ro1l/93-301 Bunker Lake Blvd. Service Road a The City Council is requested to adopt the resolution declaring cost and ordering preparation of assessment roll for Project 93-30, Bunker Lake Boulevard Service Road. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. J MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, PROJECT 93-30. BUNKER LAKE BOULEVARD SERVICE ROAD. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $483 274.60, so that the total cost of the improvement will be $ 483.274.60 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: / 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 483 274.60 the amount to be assessed against benefited property owners is declared to be $ 483.274.60 2. Assessments shall be payable in equal annual installments extending over a period of.5. years. The first of the installments to be payable on or before the 1 st Monday in January 1997, and shall bear interest at the rate of I percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of October , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor \ / Victoria Volk - City Clerk OCT-10-1996 16:03 TKDA 612 292 0083 P.02/05 ANDOVER SPEC:IAL ASSES9Mlm'rS ) -RROJECT NAME J\nnkfllr' t..ak@! 1J1".d ~,.nn~,.C7fIt Rd PROJECT NO.: <}:'l-:'l0 F~ASIaILITX STUDY: Date 11/1/94 . AtilO\mt. $ 483,555.00 CONTRACT AWARD: Phase :r - phase II - Date ~p.ptp~p-r 7. 1994 Date Mar~h 7. 1995 J\mount $ AtilO~t $ 82.075 35 381.772.50 FINAL CONTRACT COST $ 525.733 37 Engineering (TKDA): Aerial Mapping (HI of Drainage Plan (0.3 of Administration (3%) Assessing (11l) Bonding (0.5') Legal and ~as~ent Advertising City Costs Testing: street) 8treet/sto=) $ 150T5~6 66 S 1,551 ;70 S 747 63 $ 15.772.00 $ 5.257.33 $ 2,628.67 $ 35,999 60 $ 358 Oq $ 5,624 18 S '- ~~5 ]4 S 18 00 $ 46.707.63 Braun Interlp-c Serco Laboratori@s Constructoin Interest (6%) TOTAL EXPENSES (% of Final Contract Cost - 50.8921%) + S 267 556 6:1 ~ASEMENT ArourSTTTON COSTS ) Edward Prater/JohJ:l :rrcu;e, etal $ 7,600.00 ABC Mini Storage - Parcel 5 S ''1,056 14 Edward Prater - Parcel 11 S 38.000 00 John .. Sheila Ircu;e and Kottke Bus Parcel 7 $ 500.00 Murphy oil - l:'arcel 6 $ 5.491 00 Kottkes' Bus Service - Parcel 1 ~ 15.804 47 Kottkes' Bus Service - Parcel 2 S 20.374 27 Kottkes' Bus Service - Parcel 3 $ 50.239 58 Kottkes' Bus Service - Parcel 4 $ 4.886.55 TOTAL EASEMENT ACOurS:rTrON COSTS S 155.952 01 ~OT~T, r.OMn~~~TTON COSTS + $ TOTAL PROJII:CT COST $ 949.242.01 \ / OCT-10-1996 16:04 TKDA Total Project Cost Summary S1reelsJAestoration (33' Road East-West) StreetslRestoration (36' Road North-South) Stann Sewer (33' Road East-West) Storm Sewer (36' Road North-South) Sanitary Sewer Watermain T alai Ananclng Summary Kottkes' Bus Service Streets/Restoration NJA (33' Rd. East-West) Streels/Restoration $7,722.. 7S (36' Rd. North-South) Storm Sewer N1A (33' Rd. East-West) / Storm Sewer N/A (36' Rd. North-South) Sanitary Sewer Watermaln T atals N1A N/A $ City Share Cost o o o 612 292 0083 P.03/05 Right-of-way, EngIneering Legal Construction AdmInistration COst Cost Total $88,720.72 188,531.32 27,889.14 66,150.74 65,556.02 88.885.43 $525,733.37 $71,471.01 151,874.22 22,467.66 53,289.59 52,802.46 71.603.72 $423,508.64 $160,191.73 340,405.54 50,356.80 119,440.33 118,358.48 1604a913 $949.242.01 City T1F Cost Assessed Cost Total Cost $160,191.73 $120,143.801 $40,047.93 166,341.4lt 174,064.14 340,405.54 37,767.601 12,589.20 50,356.80 5,300.00. 57,070.16' 57,070.17 119,440.33 59,179.24" 61.585..~1 $502,088.13 59,179.24 61 585.93 $404,536.61 118,358.48 160.489.13 $949,242.01 o 37.317.2?1 $42,617.27 Total City TIF Cost.. $42.617.27 + 502,088.13 .. $544,705.40 1 TIF fund to be responsible for 75% of the cost, since there is oae sided frontage. 2 TIP fund to be respoDSible for 50% of the cost 3 City share cost is oversizing cost 12" DIP in lieu of 10" DIP and W81ermain cost between Parcels 6 and 7. Parcels 6 and 7 were assessed wilb Commerlcal Boulevard NW, Project 92-27 ($13,318 + 7350) x 1.8056 = $37317.27. 4 Kottkes' Bus Service (pIN 34-32-24-41-0007) to be respousible for 100% oftbe cost to construct driveway and retaining wallloeated On the parcel. S City Share Cost for repair of stonn sewer outlet at Hidden Creek East Sib Addition (OIange Order No.1). \ , ) OCT-10-1996 16:04 I TKDA l; - - 2,; ~ }; l; l; ..... ..... l,; Z . , (.) (.) U) U) I\) I\) I\) I\) ~ ~ I\) I\) I\) I\) r{:. r{:. N I . ~ I N N I\) I\) I\) t t ~ ~ Jlo, ~ ~ ~ i" Jlo, I .;.. .;.. .;.. . . I .;.. ~ .p.. ~ ~ ~ -" -" -" -" ...... .- .- -- .- ...... ...... 6 I . 6 6 . . . . . b 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -" -" 0 0 0 0 ~ ~ 8 fG 0 -" <0 CD CD '-l 0) ..... )> ~ m 0 B: ::J IJl ~ ! ~ i ^ i ^ a ~ "lJ -. a: 8: 8: 3 a en ';1';" o' ';1';" ~ A Ql IJl ." 0' IJl CD ::T (I) Q CD ... m iil ~ cg m ~ .fh .fh .fh (I) (I) (h (fl )>~ F r"'" ~ .p.. ti ti ti ...... ...... 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(1J I\) -" Ca) .a~ U) ~ iP fP 01 91 ~~ co ~ Co 0 CCD 0 co I\) c..> (J1 ~ en 03 c: UI to W ~ ~ 0 <0 0 0 0) m <0 0 ...... 0 0 ~CD ):a i:n N :to. . 0 . oa- r- .... Ol 0 0 0 ::s ~ (1J Q) " ..., 0 0 0 0 ~ -(,<) ~ &t ~ .fh .fh (h kh ~ >z en ~~ m ~ 01 CAl ...... I\) I\) (1J U) I\) (f) <0 c..> ..., " 01 !-Ca) 1-0) ...... CD ...... ..... ! en U) .... ..., en m " '-l en I\) (.0) ~ :: ..... Jlo, <0 en ~ ~ '-l to co 3 ~ 0 CD 01 ...... ...... Co) I\) p ..., (oJ Co Co . c.., b ~ Co (I) -" en CD co a -t 0 co m ..., ~ Ol Ol .p.. ..., co I\) ~ ~ .fh 1.- 1._ .- (h (h ~ .fh ~ 0 ...... >t;) ...... I\) ~ !a 1-...... .!\:l fol\) ,""co 0 (1J.?!-CO ~U) I-~ CD ..... CX)(1J'-l...,.....O~ooOl ..., W CD ~~...,O~~ ""1\) Ol ..., ::J -".....Jlo,.........., 0001 01 I\) (') CoCo:"":"':""iooc..,:"" (.) w (I) ,",,, r"I.. ~I In -'" In t"""\ r\'\ .-. 1\1 612 292 0083 P.05/05 TOTAL P.05 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 15. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT .L~ ~Scott Erickson, R' Engineering ITEM NO. Accept Assessment Roll/Order Hearing/ 93-30/Bunker Lake Blvd. Service Road 1.3. The City Council is requested to approve the resolution for hearing on proposed assessment for the improvement of Project 93-30, Bunker Lake Boulevard Service Road. \ , / As you will note, the assessments are somewhat higher than identified on the preliminary assessment (feasibility report). The overage is generally due to higher than anticipated easement acquisition costs and construction interest. The adjacent property owners are being assessed approximately % of the project cost with the remaining amount being funded by TIF. .I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the fo\lowing: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 93-30. BUNKER LAKE BOULEVARD NW. WHEREAS, by a resolution passed by the City Council on October 15 . 1996 . the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 93-30; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been complete and filed in her office for public inspection. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: " 1. A hearing shall be held the 6th day of November ,at the Oak View Middle School at - 7:00 PM to pass upon such proposed assessment and at such time and place a\l persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two week prior to the hearings. 3. The owner of any property so assessed may at any time prior to verification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest wi\l be charged through December 31 of the succeeding year. . J MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of October , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: \ J.E. McKelvey - Mayor \ ) Victoria Volk - City Clerk . 18 ~ . I:; 10 '" - :.: - '" ~ ~., ~ ~ ~ d d "': ~ ~ ~ is 0 '" ~ it! (;; It; It; 1il :il ~ l'.l ~ ~ '" ~ ~ ~ ~ ~ '" - '" ... .. .. .. .. .. .. .. ........ : \ lJj IE Ii; :s IS ~ Cii ! ; ; ~ i :I t:;i ~ ~ it ~ g ~ II! II! :8 ~ '" '" ... s s s .. (! ~ l'.l l!l r;; Eli f3 Vi II ~ III &i ! " .. -.. .. .. .. .. .. .. " .. . . . 0 <> co co 0 C> C> C> C> C> 0 c: < 0 0 0 C> 0 co 0 0 ~ 0 Gl."lcs ~ ~ ~ s ~ ~ ~ s ~ g i !\! ! c: t 1;0 ;;; ~ t5i - - .. '" co .. ... ... ... ... ::! '" It ii .. .. .. .. .. .. .. .. .. :; 0 <> <> <> <> <> <> <> <> <> 0 il ~t tli 0 "! "! 0 "! "! "! "! <> <> ~ ~ ~ ~ ~ ~ ~ ~ .,; 0 ~ ~ f.l ~ .coB .0;1;> UJ 0 I) .. .. .. .. .. .. .. .. .. " ~JI III I Ii; :s 18 8 /; ~ ~ ::I: :s i : as ,.; 06 ~ ~ ~ I i : ~ ~ co :;; f! III ~ F J ~ l'l ~ lJ R ;:; ~ . .. .. .. .. .. .. .. .. .. .. .. .. c: ~ ~ ~ ~ ~ ~ l:l l:l l:l ~ J! f.i ! f.i ~ ; ~ ~ - ;; ;; - i .. .. CD :I CD co ... ... 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N ci !l,. ~ '" ..~ I.. .. .. l;\ D <> lO! :::: let <> !~ ~ .,; i i lJ ~ ~ ~ ~ ~ ~ d 11:: i :!! ll! ..0: 0 ... :5,2 = .. i ~- I 11 ~ I_~! !n~l~ii~I :f 1 J!18 o.IE1i!u", !l<i "01 -iD._ .Eo ....5 ~I '_ J ~ Ol~ ~rt~~IJi~Jf "; d I S I ]uS~ i .ll ..z ~lIIt~~ fl)i!~CIII -is'' "'~0 fI)~lDC 1:11: ! ~l"liJ z ~i i g! g! i! g! g! g !!I~I~*;: ~ 51 ! I~i ~ ~ ~"'9~9~9"'9t9*9*9 9 ~~~ f5 .Ie; lDoc8 ~-ct-;t-x-et- .... .... .... .... .... .- ~ . ............ ............ . . S0/170Od (800 2:GG 2:'t9 l::j(Dil 170:9't 966 't-0't-l:lO "\ / , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 15.. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,~L Engineering ITEM NO. Declare CosU96-14/1421 0 Crosstown Blvd.! ~~ & WM /Y. The City Council is requested to adopt the resolution declaring cost and ordering preparation of assessment roll for Project 96-14, for the improvement of sanitary sewer and watermain at 14210 Crosstown Boulevard NW. "\ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN. FOR PROJECT 96-14, 14210 CROSSTOWN BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: / WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $6.315.00 . so that the total cost of the improvement will be $6.315.00 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 6.315.00 2. Assessments shall be payable in equal annual installments extending over a period of ~ years. The first of the installments to be payable on or before the 1 st Monday in January 1997 ,and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer sha\l forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of October , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor / Victoria Volk - City Clerk "- I I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 15.. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,&[ Engineering ITEM NO. Accept Assessment Roll/Order Hearing/ 96-14/14210 Crosstown Blvd.lSS & WM /.5. The City Council is requested to approve the resolution for hearing on proposed assessment for the improvement of Project 96-14, 14210 Crosstown Blvd. NW. for sanitary sewer and watermain construction. \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 96-14.14210 CROSSTOWN BOULEVARD NW. WHEREAS, by a resolution passed by the City Council on October 15 . 1996 . the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 96-14; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been complete and filed in her office for public inspection. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. A hearing shall be held the 6th day of November ,at the Oak View Middle School at_ 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also J cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two week prior to the hearings. 3. The owner of any property so assessed may at any time prior to verification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of October, 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: / J.E. McKelvey - Mayor Victoria Volk - City Clerk \ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October t 5.. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson, ~<- Engineering ITEM NO. Declare CosU96-23/Kottkes' Bus ServicelWM I&. . The City Council is requested to adopt the resolution declaring cost and ordering preparation of assessment roll for Project 96-23, for the improvement of watermain at Kottkes' Bus Service, Inc. (13625 Jay Street NW). J J "- / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT 96-23, KOTTKES' BUS SERVICE. INC. (13625 JAY STREET NW). THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: / WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $13.997.00 so that the total cost of the improvement will be $13 997.00. 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 13.997.00. 2. Assessments shall be payable in equal annual installments extending over a period of ..5.- years. The first of the installments to be payable on or before the 1 st Monday in January 1997 ,and shall bear interest at the rate of 7 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of October , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor \ ) Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: October 1 5.. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson, ~( Engineering ITEM NO. Accept Assessment Roll/Order Hearing/ 96-23/Kottkes' BuslWM /7. The City Council is requested to approve the resolution for hearing on proposed assessment for the improvement of Project 96-23, Kottkes' Bus Service, Inc. for watermain construction. , J 'I J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. I MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 96-23. KOTTKES' BUS SERVICE. INC. WHEREAS, by a resolution passed by the City Council on October 15 .1996. the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 96-23; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been complete and filed in her office for public inspection. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. A hearing shall be held the 6th day of November, at the Oak View Middle School at _ 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two week prior to the hearings. 3. The owner of any property so assessed may at any time prior to verification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of October , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: \ I J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 15.1996 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT Finance~~~ Jean D. McGann lITEM NO. I~. Release Letter of Credit - Prairie Oak Community Church REQUEST: The Andover City Council is requested to approve the release of letter of credit # 1280 in favor of the City of Andover provided by First American Bank Metro on behalf of Prairie Oak Community Church. This letter of credit has previously been reduced to $30,000 and should be reduced to $0 as the work for which the letter of ) credit was issued for is now complete. BACKGROUND: On March 22, 1996, Prairie Oak Community Church submitted a letter of credit to the City of Andover. This transaction transpired due to uncompleted work on the project. On August 6, 1996, the Andover City Council reduced this letter of credit to $30,000. As of October 15, 1996, all work related to this project has been completed. , ) , I , ) . / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 15. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Frank Stone, @ Public Works ITEM NO. Approve Hiring/Public Works Employees /9. Interviews for the 2 positions at Public Works are being held on Monday, October 14, 1996. The recommendations for hiring will be presented to the City Council at the meeting. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) ~ DATE: October t 5. t 996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott ~rick~on'd[ Engineering , ITEM NO. Approve Final PaymenU95-23/Woodland Terrace Traffic/Service Road Entrance Removal Old. , The City Council is requested to approve the resolution accepting work and directing final payment to Old Is Gold, Inc. in the amount of $3,040.00 for Project 95-23, service road entrance removal in the Woodland Terrace development. , i \ , .I '\ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO OLD IS GOLD INC. FOR PROJECT NO. 95-23, WOODLAND TERRACE DEVELOPMENT/SERVICE ROAD ENTRANCE REMOVAL. WHEREAS, pursuant to a written contract signed with the City of Andover on August 15 , 19 96 , Old Is Gold. Inc. of Andover. MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and / BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of October ,19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk \ ) CITY OF ANDOVER PARTIAL PAYMENT Estimate No. 1 (Final) Period Ending 10/4/96 Sheet 1 of 1 , ) Project 95-23. Woodland Terrace Development Traffic/Service Road Entrance Removal Original Contract Amount Location Andover $ 3300.00 . Contractor Old Is Gold Total Contract Work Completed $ 3.300.00 Total Approved Credits $ -0- Total Approved Extra Work $ -0- Completed Total Approved Extra Work Amount $ -0- Completed Total Amount Earned This Estimate $ 3 040.00 , , J Less Approved Credits $ -0- Less ~ Percent Retained $ -0- Less Previous Payments $ -0- Total Deductions (Deduction for not utilizing barricades) $ 260.00 Retainage Released $ N/A Amount t This Estimate' $ 3.040.00 >r: I ~;t(C-:fi:-0 ree to the above estimate. , contrft~ . Date L~ j~~ /cJ/") /?~ City Engineer U Date " Received payment in full of above estimate in the amount of $ . / Contractor Date partpay.doc CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: October 15. 1996 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,J\ L Engineering Q ITEM NO. Approve Final PaymenU96-6/1996 Misc. Concrete Curb & Gutter ;J/. The City Council is requested to approve the resolution accepting work and directing final payment to Halverson Concrete in the amount of $325.65 for Project 96-6, miscellaneous concrete curb and gutter.. , , , , ) . / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO HALVERSON CONCRETE FOR PROJECT NO. 96-6, 1996 MISCELLANEOUS CONCRETE CURB & GUTTER. WHEREAS, pursuant to a written contract signed with the City of Andover on July 2 , 19 96 , Halverson Concrete of Ham Lake. MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and , , I BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of October ,19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk \ J CITY OF ANDOVER PARTIAL PAYMENT \ Estimate No. 2 (Final) J Period Ending 10/4/96 Sheet ~ of ......1 Project 96-6. 1996 Misc. Concrete Curb & Gutter Original Contract Amount Location Andover $ 16.600.00 Contractor Halverson Concrete. Inc. Total Contract Work Completed $ 6.513.00 Total Approved Credits $ -0- Total Approved Extra Work $ -0- Completed Total Approved Extra Work Amount $ -0- Completed Total Amount Earned This Estimate $ -O- J Less Approved Credits $ -0- Less ~ Percent Retained $ -0- Less Previous Payments $ 6.187.35 Total Deductions $ -0- Retainage Released $ 325.65 Amount Due This Estimate $ 325.65 I, agree to the above estimate. Contractor Date City Engineer Date \ Received payment in full of above estimate in the amount of $ / Contractor Date partpay.doc CITY OF ANDOVER REQUEST FOR COUNCIL ACTION I DATE: October 15. 1996 AGENDA SECTION Non-Discussion/Consent ORIGINATING DEPARTMENT Building Dept. ITEM NO. Adopt Ordinance/Street Name Change d~. ~ Due to a request by a homeowner, the City Council is requested to change 138th Lane N.W. between Lots 1 and 4 of Block 2, Woodland Creek 3rd Addition to Ivywood Street (Lot 2, Block 2) and Heather Street (Lot 3, Block 2). This was changed to 138th Lane N.W. on February 15, 1994 because it was felt that it would be .. . .J easier for emergency vehicles to find the houses. Apparently one of the property owners involved in the street name change called for a deputy and alleges it took one and a half hours for him to respond because he could not find the address. Attached is the proposed ordinance changing the street name. , , , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " ORDINANCE NO. AN ORDINANCE CHANGING STREET NAME OF 138TH LANE NW BETWEEN LOTS 1 AND 4 OF BLOCK 2, WOODLAND CREEK 3RD ADDITION TO IVYWOOD STREET AND HEATHER STREET. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: SECTION 1. The street now shown as 138th Lane NW between Lots 1 and 4 of Block 2, Woodland Creek 3rd Addition is hereby renamed Ivywood Street and Heather Street. SECTION 2. The following addresses are hereby changed: 3061 - 138th Lane NW is changed to 13885 Ivywood Street NW 3039 - 138th Lane NW is changed to 13880 Heather Street NW SECTION 3. Ordinance No.1 03 is hereby repealed. \ Adopted by the City Council of the City of Andover this 15th day of October 19.2.6.... ./ CITY OF ANDOVER Attest: J. E. McKelvey - Mayor Victoria Volk - City Clerk , '. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 15.1996 AGENDA SECTION ADMINISTRATION Richard Fursman Discussion - ADD-ON ITEM NO. Option of Woodland Development Corp. Request: The Council is requested to consider approving the sale of property described as Lot 4, Block 4 of the Woodland Creek 3rd Addition. The property was purchased by the City on July 1, 1993 for the sum of $20,000. The property was to be used by the City for construction of the road out of the development, which never occurred. This item has been discussed at length with the City Attorney and it has been determined that the City should sell at this time. September 25, 1996 The City of Andover 1685 Crosstown Boulevard NW Andover MN 55304 HAND DEliVERED Attention: The Honorable Jack McKelvey RE: Option Agreement dated July 1, 1993 Lot 4, Block 4, Woodland Creek 3rd Addition, Anoka County, Minnesota Dear Mayor McKelvey: The purpose of this letter is to provide you the notice required under the Option Agreement ("Option") dated the fIrst day of July, 1993, between the City of Andover, Minnesota ("City") and Woodland Development Corporation ("Woodland") to exercise the Option of Woodland. The Option granted Woodland the exclusive right and option to purchase Lot 4, Block 4, Woodland Creek 3rd Addition, Anoka County, Minnesota ("Option Property"). The Option requires that we provide you written notification by personal delivery or United States Certified or Registered Mail. This notice of the exercise of the Option of Woodland to the City has been delivered personally. Please treat this notifIcation as the exercise by Woodland of its option to purchase the Option Property described in the Option in accordance with the terms and conditions contained in the Option. Our review of the Option indicates to us that we are required to pay to the City the purchase price equal to the sum of $20,000.00, plus the interest that was paid by the City to Woodland under the Contract for Deed from Woodland to the City, dated July 1, 1993 and relating to the same Option Property. Our records indicate that the City has paid Woodland the sum of $1,889.21 as interest. This would mean that the total purchase price to be paid by Woodland to the City in payment for the purchase of the Option Property would be $21,889.21. Our reading of the Option indicates that the option period began July 1, 1996, and the Option is exercisable until July 1, 1997. This means that Woodland has duly exercised its option during the Option period. The Option also requires that the City provide an Abstract of Title within a reasonable time together with full searches for review by Woodland prior to consummation of the purchase. The purchase is to be completed within thirty days of the date of the notice of exercise of the Option. We believe that the Option is offIcially exercised on the date that we have personally delivered this letter to the city. 830 West Main Street Anoka, Minnesota 55303 (612) 427-7500 FAX: (612) 427-0192 The City of Andover September 25, 1996 Page 2 We understand that the purchase price to be paid by Woodland will be cash at closing, and we are prepared to make that payment at the date of closing. We will work with the City's representatives and counsel to arrange a mutually agreeable closing date and place. Our review of the Option also indicates that the Option Property is to be transferred to Woodland with all special assessments paid in full, and all real estate taxes for the year 1995 and prior years paid in full. Real estate taxes for the year 1996 are to be pro-rated on a calendar year basis. It is our understanding the proration will occur from the actual date of closing. If you have any questions, problems or concerns, we will certainly be available and willing to discuss them and work out any closing details with the City. Please contact us at your earliest convenience so that we may arrange for a mutually agreeable date, time and place for closing. We look forward to hearing from you. Sincerely, WOODLAND DEVELOPMENT CORPORATION .'e~ c:<< ~ ----== wrence B. Carlson, President ' bma B:\9250l7I10.WC3 092596 I~ 1 :. , I .~" ,"~ 1/ -. , ~, ----- ~ ~ 7"- ----... ~. ---. - ""'. .;.... " r--. .' ~ " ~- :'-J ., ~ '~ :;, \." ~- i. ........ d ,- .' , ' , ' , ' '" ... i \ I I \ ~: I" ~ \ ~:. :. ,I \, . \/ \- I 1 : " ,. ~~.: ~..... , ""'-. , , , , , :: .:.! " '-. o > : > ~.~ ,-..,. , .,-" \' ~: '" . . ';-..' : ~ '" J~ I ' I I i 5 ~ : ; " ?~= .. : :! . r .. ;~= '""" I '-.' ! I ., "II "" "- 'lr 'I . : ,.. ------":'"-- E. , I I f : : 3i CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE OCTOBER 15, 1196 AGENDA SECTION NO. NON-DISCUSSION/CONSENT AGENDA ADD ON ITEM NO. SALE OF SURPLUS USED CITY EQUIPMENT ORIGINATING DEPARTMENT APPROVED FOR AGENDA Frank Stone - Public Works Superintendent BY: WE REQUEST APPROVAL FROM MAYOR AND COUNCIL TO PROCEED WITH THE ADVERTISING OF THE SALE TO THE PUBLIC OF SURPLUS USED CITY EQUIPMENT. WE WOULD LIKE A TWO WEEK ADVERTISING PERIOD BEGINNING OCTOBER 16 AND ENDING OCTOBER 30, 1996. ITEMS WILL BE ON DISPLAY THURSDAY, OCTOBER 31 AND FRIDAY, NOVEMBER 1, 1996 FROM 8:00 AM TO 3 :00 PM. BIDS WILL BE PUBLICLY OPENED AND READ ALOUD ON MONDAY, NOVEMBER 4 AT 2:00 PM AT CITY HALL. AT THE NOVEMBER 6,1996 COUNCIL MEETING, WE WILL RE-APPROACH MAYOR AND COUNCIL FOR APPROVAL TO AWARD THE BIDS TO THE APPROPRIATE PARTIES. AS AL WAYS MAYOR AND CITY COUNCIL RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS, TO WAIVE INFORMALITIES AND FURTHER RESERVES THE RIGHT TO AWARD THE PURCHASE IN THE BEST INTEREST OF THE CITY. HERE IS A SAMPLING OF SURPLUS ITEMS OPEN FOR BID: TYPING TABLE, TRA VEL GRAPH PORTASCRIBE, MISe. OFFICE FURNITURE, 1980 CHEVROLET 3/4 TON 4X4 WITH 7 112' WESTERN PLOW, 200 AMP LINCOLN 3 PHASE 220V WELDER, JOHN DEERE DITCH MOWER, GAZEBO, WASHER, DRYER, XEROX MEMORYWRITER, ETC. MOTION: SECOND: FILE: G:\MSWORDIl01596CO.DOC DATE October 15. 1996 ITEMS GIVEN TOTHECITYCOUNCIL Special City Council Minutes - September 25 1996 City Council Minutes - October 1 1996 Economic Development Authority Minutes - October 1 1996 Park & Recreation Minutes - October 3. 1996 Schedule of Bills PLEASEADDRESSTHESE.ITEMS A TTHISMEETING OR PUT<THEMON THE NEXT AGENDA. THANKYOU.