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Home My WebLink AboutCC June 15, 1993 ,,~~ (Q},) \!,\) ....~ CITY of ANDOVER Regular City Council Meeting-June 15, 1993 Call to Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Public Hearing/93-9/Trunk Storm Sewer/Xeon Street 2. Variance/14365 Zilla Street N.W. 3. Request for Extension of Hours/Bolander & Eagle 4 Approve Revised Plan/Round Lake & Bunker Lake Boulevards 5. MUSA Discussion staff, Committees, Commissions 6. ATV/Snowmobile Ordinance Discussion 7. Approve Garbage Haulers' Licenses 8. Junkyard License Renewals 9. Purchase of ROW/Kottke Bus Company , 10. Authorize Comstock Davis to Negotiate Easements/92-25 J 11. Joint purchase Agreement/Ham Lake & Andover, Cont. 12. purchase Wood Chipper, Cont. 13. capital Equipment Purchases for 1993 14. Set Date/Public Works Open House Non-Discussion Items 15. Authorize Bond Sale/1993 Series A & B 16. Award Bid/92-19/Weybridge 3rd Addition 17. Award Bid/93-2/pinewood Estates 2nd Addition 18. Approve Plans & Specs/92-25/University Avenue 19. Receive May Financial Statements 20. Accept Petition/Order Feasibility Study/93-11/Emerald Glen 21. Approve Supplemental Feasibility Report/92-l9/Weybridge 3rd 22. Approve Revised Grading P1an/Pinewood Estates 2nd, Cont. 23. Approve Final Plat/Kadlec Estates 24. Reappoint Tree Commission 25. Adopt Resolution Appointing Acting City Administrator 26. Approve Resolution/Deferred Compensation plan 27. Accept Easement/Hurst Property Mayor-Council Input Approval of Claims Adjournment ./ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED t-D. Approval of Minutes FOR AGENDA ITEM Admin. t-D. BY: Approval of Minutes V. Volk ~.~)JJ The City Council is requested to approve the following minutes: June 1, 1993 Regular Meeting June 2, 1993 Special Meeting , / MOTION BY: / TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 Discussion Item Todd J. Haas, Engineering .~ APPROVED FOR AGENDA AGENDA r--.o. SECTION ORIGINATING DEPARTMENT ITEM r--.o. BY: Public Hearing/93-9/Trunk storm Sewer/Xeon street /. The city Council is requested to hold a public hearing, Project 93-9, for the area located south of Crosstown Boulevard (Co. Rd. 18) in Section 23, Township 32, Range 24 and that portion located between Hanson Boulevard (CSAH 78) and Burlington Northern Railroad in Section 26, Township 32, Range 24 for the improvement of storm sewer construction. Attached are the following: I * Resolution Ordering Improvement * Public Hearing Notice * List of Property Owners Note: Please bring the feasibility report with you to the meeting. MOTION BY: J TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ) MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STORM DRAINS PROJECT NO. 93-9 IN THE WINSLOW HILLS/XEON STREET NW AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution the 18th day of May hearIng; and No. 102-93 of the City Council adopted on , 19~, fixed a date for a public WHEREAS, pursuant to the such hearing was held on the 19~; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and required published and mailed notice, 15th day of June NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement project No. 93-9 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. / the City Council at a regular meeting this 15th and adopted by day of MOTION seconded by Councilmember June , 19 93 , with Councilmember voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victorla Volk - Clty Clerk '. /" " G .~~ CITY of ANDOVER ," CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENT PROJECT NO. 93-9 WINSLOW HILLS/XEON STREET NW NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard N.W. in the City of Andover, on Tuesday, June 15, 1993 at 7:30 P.M. to consider the making of the following improvement: Trunk Storm Sewer The property to be assessed, pursuant to Minnesota Statutes Section 429, for such improvement is within the following described area: "' ) That portion located south of Crosstown Boulevard (Co. Rd. 18) in section 23, Township 32, Range 24 and that portion located between Hanson Boulevard (CSAH 78) and Burlington Northern Railroad in Section 26, Township 32, Range 24. The estimated cost of such improvement is $216,900.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. CITY OF ANDOVER ~/# Victorla Volk - City Clerk publish: June 4, 1993, June 11, 1993 ; >. 26 32. 24 22 0002 E&rnard'~ Carol Jones 151~ - 148th Ln NW Andove., MN 55304 ")t:.,32 24 22 0005 )liam & Amy woodington 1423 - 148th Ln NW Andover, MN 55304 " 26 32 24 22 0009 Charles & Joyce Swanson 1420 - 148th Ln NW Andover, MN 55304 26 32 24 21 0007 Terrance & Lois Ryan 1295 - 148TH Ln NW Andover, MN 55304 26 32 24 21 0013 John & Deborah Mastley 1226 - 148th Ln NW Andover, MN 55304 23 32 24 24 0003 Betty J Wahlstrom 1 ~o Crosstown Blvd. NW ~ lover, MN 55304 26 32 24 13 0001 Winslow Holasek 1159 Andover Blvd NW Andover, MN 55304 23 32 24 13 0003 Earl G Goswick 1140 Crosstown Blvd NW Andover, MN 55304 23 32 24 31 0002 Winslow Holasek 1159 Andover Blvd NW Andover, MN 55304 26 32 24 21 0015 Todd & Karen Swanson 168 - 107th Ln C~on Rapids, MN 55433 , ) 26 32 24 22 0003 Mark & AI-ice Carson 1487 - 148th Ln NW Andover, MN 55304 26 32 24 21 0003 Norman & Sandra Myhren 14853 Bluebird st NW Andover, MN 55304 26 32 24 21 0005 Jerry & Susan Herber 1347 - 148th Ln NW Andover, MN 55304 26 32 24 21 0008 Thomas & Penny Anderson 1269 - 148th Ln NW Andover, MN 55304 26 32 24 21 0012 Stanley & Bonnie Jorgenson 1248 - 148th Ln NW Andover, MN 55304 26 32 24 13 0002 Daniel J White 1049 Andover Blvd NW Andover, MN 55304 23 32 24 13 0001 Sophie Kozlowski 1021 Crosstown Blvd NW Andover, MN 55304 23 32 24 32 0005 Winslow Holasek 1159 Andover Blvd NW Andover, MN 55304 26 32 24 21 0017 Jerome & L Lothspeich 1310 - 148th Ln NW Andover, MN 55304 26 32 24 21 0014 James & Rose Braun 1386 - 148th Ln NW Andover, MN 55304 26 32 24 22 0004 Terri L Tam 1455 - 148th Ln NW Andover, MN 55304 , 26 32 24 21 0004 Lawrence & Diane Masters 1371 - 148th Ln NW Andover, MN 55304 26 32 24 21 0006 Paul Kuehl & Marcene Vogt 1325 - 148th Ln NW Andover, MN 55304 26 32 24 21 0009 Charles & Patricia Moerke 1237 - 148th Ln NW Andover, MN 55304 26 32 24 21 0011 David & Judith Frosch 1270 - 148th Ln NW Andover, MN 55304 23 32 24 24 0004 Gene Vanheel 1220 Crosstown Blvd NW Andover, MN 55304 26 32 24 24 0002 David & PK Schneider 1211 Andover Blvd NW Andover, MN 55304 26 32 24 21 0018 Dennis & Lauren Leaf 14784 Bluebird st NW Andover, MN 55304 26 32 24 21 0016 John & Evelyn Streit 1334 - 148th Ln NW Andover, MN 55304 26 32 24 42 0005 C Leifeld & K Doucette 14469 Xeon st NW Andover, MN 55304 26 32 24 42 0008 Juseph. ~ Cynthia Paone 14423 Zeon st NW Andovp.r, MN 55304 71i 32 24 42 0014 ~tt & Melissa Olson 'J.<j241 Xeon st NW Andover, MN 55304 23 32 24 34 0013 Winslow & CM Holasek 1159 Andover Blvd NW Andover, MN 55304 26 32 24 42 0019 Gail R Skaaden 14315 Vale st NW Andover, MN 55304 26 32 24 42 0032 Thomas & M porwoll 1117 - 143rd Ave NW Andover, MN 55304 26 32 24 42 0021 Ashford Development ~~40 - 152nd Ln NW .lover, MN 55304 26 32 24 42 0025 Ashford Development 3640 - 152nd Ln NW Andover, MN 55304 26 32 24 42 0028 Ashford Development 3640 - 152nd Ln NW Andover, MN 55304 26 32 24 34 0016 Gaughan Land Company 299 Coon Rapids Blvd Coon Rapids, MN 55433 26 32 24 12 0001 Winslow & C Holasek 1159 Andover Blvd NW 'over, MN 55304 ./ 26 32 24 42 0009 l:lan E Ogl-e 14409 Xeon St NW Andover, MN 55304 23 32 24 43 0001 Winslow Holasek 1159 Andover Blvd NW Andover, MN 55304 26 32 24 42 0015 Wayne & B Middlestadt 14329 Xeon st NW Andover, MN 55304 26 32 24 42 0023 Ryan A Boes 1172 - 143rd Ave NW Andover, MN 55304 26 32 24 42 0018 Ashford Development 3640 - 152nd Ln NW Andover, MN 55304 26 32 24 42 0022 Ashford Development 3640 - 152nd Ln NW Andover, MN 55304 26 32 24 42 0026 Michael Hamann 1136 - 143rd Ave NW Andover, MN 55304 26 32 24 42 0016 Allen & Lori Thompson 14317 Xeon st NW Andover, MN 55304 26 32 24 21 0010 Eugene & Connie Benson 1292 - 148th Ln NW Andover, MN 55304 26 32 24 42 0003 Ashford Development 3640 - 152nd Ln NW Andover, MN 55304 26 32 24 42 0011 Dean & stephanie Nickila 14381 Xeon st NW Andover, MN 55304 23 32 24 43 0002 Winslow & CM Holasek 1159 Andover Blvd NW Andover, MN 55304 26 32 24 42 0030 Todd & Michelle Almquist 1093 - 143rd Ave NW Andover, MN 55304 26 32 24 42 0031 Ashford Development 3640 - 152nd Ln NW Andover, MN 55304 26 32 24 42 0020 Ashford Development 3640 - 152nd Ln NW Andover, MN 55304 26 32 24 42 0024 Theodore & Julie Weiss 1160 - 143rd Ave NW Andover, MN 55304 26 32 24 42 0027 Ashford Development 3640 - 152nd Ln NW Andover, MN 55304 26 32 24 34 0017 Richard & Pamela Peterson 1215 - 142nd Ln NW Andover, MN 55304 26 32 24 21 0002 Winslow & C Holasek 1159 Andover Blvd NW Andover, MN 55304 26 32 24 42 0004 Thomas & Susan Hagerty 14485 Xeon st NW Andover, MN 55304 26 3~ 24 42 0006 First Tt~e Homes 193~3 Tri Oaks Cr NE wyomir.g, MN 55092 ~-\32 24 42 0012 , ,Jtt & Mary Post 14367 Xeon st NW Andover, MN 55304 26 32 24 24 0004 Ernest & Marilyn Trettel 1412 Andover Blvd NW Andover, MN 55304 labels93-9 \ / "\ ) 26 32 24 42 0007 ~shford Development 3640 - 152nd Ln NW Andover, MN 55304 26 32 24 42 0013 Ashford Development 3640 - 152nd Ln NW Andover, MN 55304 26 32 24 24 0005 Ernest & Marilyn Trettel 1412 Andover Blvd NW Andover, MN 55304 26 32 24 42 0010 Ashford Development 3640 - 152nd Ln NW Andover, MN 55304 23 32 24 42 0001 winslow Holasek 1159 Andover Blvd NW Andover, MN 55304 ': 26 32 24 42 0029 David B & Dana McCann 14290 Vale st NW Andover, MN 55304 ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ,111np 1 C; 1QQ~ AGENDA r-o. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM r-o. Variance sideyard Setback from Street 14365 Zilla Street NW Bradley Melland Planning ~ BY; Discussion Items .;l. David L. Carlberg City Planner REQUEST Bradley Melland has requested a variance to Ordinance No.8, Section 6.02, which requires a thirty-five (35') foot sideyard setback from a street on the property located at 14365 Zilla Street NW, legally described as Lot 11, Block 1, Old Colony Estates. The applicant is requesting the variance to allow him to construct a deck encroaching into the required sideyard setback \ from 143rd Lane NW. ./ BACKGROUND For background information on the request, please consult the attached staff report presented to the Planning and zoning Commission and the minutes from their May 25, 1993 meeting. PLANNING AND ZONING RECOMMENDATION The Planning and zoning Commission, at their May 25, 1993 meeting made the motion to approve the variance as requested. However, the vote was 3-3, therefore no recommendation is made to the City Council. Attached is a resolution for Council review and approval. MOTION BY: '- ) TO: , , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE VARIANCE REQUEST OF BRADLEY M~LLAND TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A THIRTY-FITE (35') FOOT SIDEYARD SETBACK FROM THE STREET TO ALLOW FOR THE P~ACEMENT OF A DECK ENCROACHES OVER ELEVEN (11') FEET INTO THE REQJIRED SIDEYARD SETBACK ON THE PROPERTY LOCATED AT 14365 ZILLA ;TREET NW, LEGALLY DESCRIBED AS LOT 11, BLOCK 1, OLD COLONY ESTATES. WHEREAS, Bradley Melland has requested a varianc~ to Ordinance No.8, Section 6.02 which requires a thirty-fire (35') foot sideyard setback from the street to allow for the construction and placement of a deck encroaching over el~ven (11') feet into the required sideyard setback on the property .egally described as Lot 11r Block 1, Old Colony Estates; and WHEREAS, the Planning and zoning Commission has :eviewed the request and has determined that said request meets tle criteria of Ordinance No.8, Section 5.04 in that a hardihip exists due to practical difficulties which would preclud~ the property owner reasonable use of the property; and WHEREAS, the Planning & Zoning Commission does not make a recommendation to the City Council on the variance request. , NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby the variance requested by Bradley Melland to Ordinance No. 8, Section 6.02 which r. quires a thirty-five (35') foot sideyard setback from the street to allow for the construction and placement of a deck encroaching over eleven (11') feet into the required sideyard setback on the property legally described as Lot 11, Block 1, Old Colony Estates. Adopted by the City Council of the City of Andover this 15th day of June, 1993. J CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: victoria Volk, Clty Clerk / ..~'-.:....., .;...."",~ r'~'-?\"'. ( ~) '. ..... ../. ,..~~ -'""!"-~=?;/PLANNING AND CITY of ANDOVER ZONING COMMISSION MEETING - MAY 25, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and zoning . Commission was called to order by Chairperson Bonnie Dehn on May 25, 1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners absent: Also present: Maynard Apel, Bev (arrived at 7:33 Squires Marc McMullen Assistant City Engineer, Todd City planner, David Carlberg Others Jovanovich, Becky Pease p.m.), Randy Peek, Jay Commissioners present: Haas APPROVAL OF MINUTES May 11, 1993: Correct as written. MOTION by Apel, Seconded by Jovanovich, the May 11 Minutes as written. Motion carried on a 5-Yes, 2-Absent (Pease, McMullen) vote. \ / (Commissioner Pease arrived at this time, 7:33 p.m.) @ VARIANCE: MELLAND SIDEYARD SETBACK FROM STREET, 14365 ZILLA STREET NW, BRADLEY Mr. Carlberg reviewed the request of Bradley Melland to allow for the construction and placement of a deck encroaching into the required 35- foot sideyard setback from the street. The 10 x 12-foot deck would encroach over 11 feet and be located off a sliding glass door. The applicant believed the deck could be constructed when he purchased the home. Mr. Carlberg had pictures of the property. The biggest concern is for the people on 143rd Avenue whose homes are set back 35 feet. Too much of an encroachment into the required setback will be obvious. There is a uniqueness of the sliding glass doors because a step down or a walkway could not even be constructed from them without encroaching into the setback, which in essence denies the owner the use of that access. The house is located 35.8 feet from the side property line on 143rd Avenue. Mr. Melland has a petition from neighbors indicating they are in favor of the proposal. This situation should not happen in the future because of a recent amendment to the ordinance. In discussing the request, it was determined that the house could have been set further to the north by about 10 feet- when it -was built_ .to - accommodate a deck without encroaching into the setback. Mr. Carlberg stated apparently the builder did not think the deck was encroaching into the sideyard setback. No site plan was reviewed at the time this house was built. With the ordinance revision, that is now being done and this type of problem should no longer occur. , ) Andover planning and zoning Commission Meeting Minutes - May 25, 1993 ) Page 2 (Variance: Sideyard Setback, 14365 Zilla Street, Melland, Continued) Commissioner Peek recalled in the past the recommendation was to allow enough room for a landing and steps to go to the back of the house where the deck could then be built, but not enough for the entire deck. He didn't see a particular hardship to grant the variance for the entire deck. commissioner Apel was in favor of the variance because there is no real opposition to it. Also, if trees were planted within that setback, it would be more obtrusive than the deck. He felt they should make some common sense out of the ordinance when errors are made. It would have been a simple matter of delineating the setbacks at the time the site plans were submitted. He again stated he felt the deck would not be any more intrusive on the line of site than the mature trees will be. Bradlev Melland, 14365 Zilla Street NW - stated he has put in two trees in the front yard, one on the corner and one just west of the proposed deck. Plus there is a spruce in the southeast corner of the lot. He had the house built for him but had no arrangement regarding the deck. It was his intent, however, to eventually build one. He assumed the deck would be approved because the house was approved with the sliding glass door at that location. He occupied the home the end of June, 1992. He thought it would be difficult to build the deck in the back with only an access from the sliding door to the deck because of the fireplace. Commissioner squires felt the commission is being asked to correct a problem created by the builder. If the intent was to have a deck, the builder should have been cognizant of that fact and considered it when placing the house. He felt the fact that the house could have been placed further north to accommodate the deck is relevant. Chairperson Dehn felt the ordinance change will cor~ect this type of situation. She felt that similar variances had been granted in the past. MOTION by Apel, Seconded by Jovanovich, the resolution approving the variance request of Bradley Melland as represented by the Resolution placed before this Commission by the City Staff. After reading over the resolution, I see no reason to add or detract from it. Simply recommend approval and place "approve" in the blanks. \, / VOTE ON MOTION: ABSENT-McMullen. Council on their YES-Dehn, Apel, Jovanovich; NO-Pease, Peek, squires; Motion tied. This will be forwarded to the city June 15 meeting with no recommendation. '. SINGLE OR MULTIPLE DWELLING - 4640 165TH AVENUE NW ; Mr. Carlberg explained the house was supposedly constructed with the idea that it would be a duplex. There is a completed upper and lower level with k.itchens and bathrooms but \'lith no connection. In its present condition, it does not work as a single family residence. He / We. the undersigned neighboring propery owners to Bradlev Melland. 143&5 Zilla Stree~ N.W.. ,Lct ::, BIQc~ ~, Old Colony Estates) Anoka County, Minneso~d. have reviewed the proposed app~ication for d variance, to construct a 10' x 12' patio decK that under Ancover Zoning Regulations will be within the siae yard setbacx for corner lots. Furthermore, we, the underSIgned property owners do not object to the orantinp of such v~rlancp and find ~he applicant In compliance with the spIrit and intent of the regulations governing setback for the residential district. t~~~ ~ ~t- W h.&...1 '!.Y\. NAME (P>'i nt pc) , j SIf,;NATUP'= AD0;;FS3 ,=;:-"~",E "f IY3/!/ 2;/111 S:t,vlv AwPowt.. 1/ It '13Y-'lizrl 11 1-131. r ~:II" 5+- NW . A.....L.v-vV '43'-f-Lfd1r' . Il.j <.(09 Li/(tj .sr. ,{.I!U .JhIouer '-I3'l-'-l;;)9!? IZ'l~ /13t<d Uv Nt--J A~v.,/" <(3<!-7S">'!:> I, , I 1\ , I r 13Y-f/~-1 J 1 J // ~, Q/k~/'-/L-?( \ 4-=-.1- -:'7.2./ --"-- /4 J 2-2 Z, ii;! )7 11/it:'~ IllfL'!",;:"!) /" (I" -, ~,-, ~,"., '~.:.. .1 , , "".,__..f.... .,,,-:, _. Iv J..\'" I I .., '.' ~.c 7"::::;"7 ~... 3 -(0(07 Y~\.\-4Cnd- Ilf33S 2JUA 'ST!\.lw \L6\3 \i~\\t..VJ X'fin . ;N\'v " / CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION AGENDA ITEM 3. Variance - Sideyard Setback - 14365 Zilla st NW - Bradley Melland DATE ORIGINATING DEPARTMENT planning May 25, 1993 / David L. Carlberg City planner APPROVED FOR AGENDA BY'~ BY: REQUEST The Andover planning and zoning Commission is asked to review the request of Bradley Melland to allow for the construction and placement of a deck encroaching into the required thirty-five (35') foot sideyard setback from the street on the property located at 14365 zilla Street NW, legally described as Lot 11, Block 1, Old colony Estates. The property is zoned R-4, Single Family Urban. APPLICABLE ORDINANCES Ordinance No.8, Section 6.02, establishes the minimum lot requirements for an R-4, single Family urban zoned lot. Section 6.02 requires a thirty-five (35') foot sideyard setback from a street. The house is located 35.8 feet from the sideyard property line. Ordinance No.8, Section 5.04, establishes the variance procedure and process. variances may be granted where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of the zoning Ordinance. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. BACKGROUND & REVIEW The applicant is requesting the variance to construct a deck encroaching over eleven (11') feet into the required side yard setback. The applicant purchased the home believing he could construct a deck. A sliding glass door exists where the deck is to be located. , I . Page Two Variance - Sideyard Setback 14365 Zilla Street NW I Bradley Melland May 25, 1993 COMMISSION OPTIONS A. The Andover Planning and zoning Commission may recommend approval of the variance requested by Bradley Melland to allow for the construction and placement of a deck encroaching into the required sideyard setback from the street on the property located at 14365 zilla street NW, Legally described as Lot 11, Block 1, Old Colony Estates. The Planning Commission finds that the proposal meets the conditions established in Ordinance No.8, Section 5.04. B. The Andover planning and zoning Commission may recommend denial of the variance requested by Bradley Melland to allow for the construction and placement of a deck encroaching into the required sideyard setback from the street on the property located at 14365 zilla street NW, Legally described as Lot 11, Block 1, Old Colony Estates. The Commission finds that the proposal does not meet the requirements set forth in Ordinance No.8, Section 5.04. The Commission finds that no hardship exists due to the unique shape or topography of the parcel and that the land owner would not be precluded reasonable use of the property. / C. The Andover Planning and zoning Commission may table the item. I .' '~=: I" ,! I .. ____________){' ~ - - -" I \ ~ . I 1- '""-~'=~ I -~ I \ ~ ___I __~.._---- I , ~=nn., i Iii I ~~, 1----\1- OTATES, T a ,~ ~ I I I I , ~... 'I ~ I I ~ -~ : -- --HO/,/,U!r'_ j ,'L'I'~ 2' I ,~ . 111 . -\ L ' I ....,.r. . "" 1 ..,;- . .1. I E~ ~ c.:..oo "'o~' _1I1"f'..'e'''~ y~.i""-f>....,;:-.,r , l I I \ IV Ii /) \ \ I ~ ~ CERTIFICATE OF SURVEY SWENSON LAND SURVEYING " 827 Norwood Street Anoka, Minnesota 55303 / APPROVED STAMPm SURVEY MUST BE ON JOB SITE FOR FOOTING INSPEaJON. I i , r . Denotes Iron Monuments Found . r o Denotes Iron Monuments Set ! Scale 1 Inch equals 4-C> feet I Book 1\\ Page <<>8 ; Involca No. 1580 r I I -\ I 1 I ! I t f TELEPHONE (612) 427-1920. , . RONALD J. SWENSON REGISTERED LAND SURVEYOR SURVEY FOR: $€ML€f<. HOMc6' G'8~OJ8'o~"E: 15.<<>2.. s )( S 8' - '0/ g IS (/ -s C(] ..., (\,10- \3: '" . I I t~,~ (.~" .~.., 44- r 11>.0 ..... PROPoSED ~ N. "" N "' 8291.~ 12...t <2l-1se. I ~ ~ I <;> 10 ....r (g,~.l"') \9 t .... I - 2Z. _ IZ 1,.0 g;, . . ,0~8'" (..,') n o GARAGE flOOR SHAl[ BE MINIMUM 181r ABOVE EXISTING STREET GRADE WITH MAXIMUM SLOPE OF 10 PERCE C"'. , . '''.; ... "" ",. 0< , ) ';u ~ <'" .,. '" 00 x . 1 hereby c~rtify that survey of the boundar. ~ is a true and correct representation of a \ f , , I t r t [ ! ! 8S"! l< "Ie B88~ l( 1- _.4 S890/8'09"E 8r;..) XE ! TC. ,A/,v /43 RD t. .4. .~ PROPOSED.GRADES TOP OF FOUNDATION = .8 lJ ..C PROPOSED GARAGE FLOOR =f LOWEST FLOOR = 885.6 ~ ~DENOTES EXISTI~G ELEVATION x 900.0 .o~ ~ENOTES PROPOSED GRADES (900.0) DENOTES SURFACE DRAINAGE ------> Lot I, Block 1, CREEK CROSSING. Anoka_c:ounty. Minnesota. .' , / It does purport to sho'" "ovement:;. or encroachments. if any. As . sun-eyed by me this 18: of Apri l 1992. ~~~ Ronald J. Swenson, Regls~l. j Land surveyor Minnesota License No. U2!' fj - t . 9~ . . -' . .. . .-......~._- ..- N.C. HOIUM AND ASSOCIATES, INC. LAN~;I~:~o::ORS P. O. BOX 33026-COON RAPIDS, MINN. 55433 421-7822 10731 MISSISSIPPI BLVD. N.W., COON RAPIDS'A~~ROVED STAMPED SURVEY MUST BE ON JOB SliE I VALUE' PLUS CONSTRUCTIONFOR FOOTING INSPEGlCN. ~' 1f) / G....RAGE FLOOR SHALL BE MINIMUM IS" rr ABOVE EXISTING ST Err GRADE WITH MAXIMUM SLOPE 0 10 PERCENT. ..v 6'9'16' '0:3" J1/ S9f.e ___-t-_ ~ I B9?'& CERTIFICATE OF SURVEY: \p~ o ~~ , ~ ~ ~ If') ~ ~ ~ ~ , ) ~\g ~O ~ ~ 93.l~~ 114J!! sb eQ2,O - /37.32- ~'/J o ~q\:- , vB9'~ \ \ ~ ~ ~ . ~ ...... SCALE: 1" =30 ' I <:::J 7014-262/47 s:l \)\ '~ Denotes Iron - _.. ,'1- --ip Den~'t~s Lath Vib.'l I tr 1~B'3' Den;t~s eXist-! ing elevation ~90 tt5 Tt! , I '.{"\ ~I/O u, ~ Iv ~ ~ ~ I '"l: '>)- I J1 ~ l.G ~ I t I .... I ~ ~I ~ I ~ ~'I ~ - ~ \~O,~ / ~IIO - //2.14- - /Vd',tJ"/g'o;J//}/j/ -' gg 3 I ~A- ~ 3g~ . ..:. 11~ -Y'1vlS' y93. d '<J,d, 'Jr1.5' ~ ~ ~ . ~ I ~ '<\ '9 I \ , '-) '", Lot 11, Block 1, OLD COLONY ESTATES, Anoka County, Mn Prop. garage level = 893.0 Prop. top of block = 893.5 Prop. lowest level = 885.0 I HERESY CERTIFY THAT THIS IS A TRU!: A!'lO CORRECT REPRESENTATION OF A SURVEY OF THE SOUl-lOARIES OF THE ASOVE DESCRIBED LAND, AND THE~~nDm.l'af;l:a1:l:~=~ItJl:l3tr"~~fIl--_lOIK ~~~~m~~M,,~~~~~~' staking of a proposed building. ~~~ /-1304'.0 LANr 111. j1( / , .nn~~ ~ , 1 \~ \ \ ~ \u> \ \ ". ".. . <t \ to \ ~ " " .. " " , , , , " ... , . - - SS9-IS-09E 4 80 91.93 75.62 :UJ W I <.D <1' I ~ .'J) lI) (l) I CX) u., I l/l I 0 N / N;; 2 N';; 3 ~j t.D to I I to I t tJl ~. I J j J , t;. ( J)) '~ ( J.j ) 't w ~" 85 80 51.11 I q.: :: -- I I R =:; -- - ---- 9 - 60 'L · ~~ ro I' l · - .-:z cc::r - I QC) bz :c - 2 ~I)'o-a . 108.67 - - -.i> l.. 31 ('is>- ~ ~ tf) (\J (]l . q ~ I r--- 'i) ~ ~. {{) Ff ::: 2rl < 3' w n V ,"" " . 9ft ::l' '" I l"ln ,""c _ 143RD :8 3LANE . I 2 '"'~). 8 3 rCt __. ~ ~ ~'" rl7... (!)~\e-. /0 IV ~~ /'i' " ~( ) . ,.", .,,'" ~ 11 ~ I l: -1 (. .: 3 . O'Y::20 en I . ~ ..- i" .\ , ~ ~, -', '"'I -1 ; '\ , J 1-1/. ~:- ,,,. . '..: C " ..' j/ " (\ ..r' \ ..> .~. '.- --, I T~\.~ "{, '" .'r:--_ i, -l:- - ' .:~,~ \ -.. "'-.,. \ j (17N 7>17'7 iJE-PI ---:.-' :......_~. ..- 00 \~ r<\ I \ : "--' , y .'- o ,. ~~ ..3 : _, __ ~ ~) rq>- I, I \ I /' , - .... ~.J -- ; ! " '" " 1/ ._ '_ 1......_ VL. . -- -,' " fI ( , I. I t, I ll....... L. .:" \_, Lj :--, -->0, \ &Do{s; ^. . ''-..- /~ /\')~- F;" (~' , \ - \ f..-/" /. \ ." '-~'---- [f ~-- .CA CITY of ANDOVER VARIANCE REQUEST FORM Property Address ~3lo5"" Z~LLA 5. NW .- Legal Description of Property: (Fill in whichever is appropriate): l Lot 1/ Block Addition (lid , (! lJ i D '" u Ls-b--t-e...s \ Plat Parcel PIN (If metes and bounds, attach the complete legal) --------------------------------------------------------------------- Description of Request 3: ~O""l'b L~I<E:< ,0 C.o")S1P...\4.CT A It,' X 1;;1.1 flrr;L.o l)EC~ J:;S O\.l..'TS:I:t>~ Tt\~ 5U1luJcr l:>OO~ 0,,", .,.~t: SOv.I'H s:olZ' "p M"t HoME., -T~zS ;r:.N oROU~ I"'e> t.-eIoolI~,.1~~ '"\OvJA\l,~ e ~""~Lr;T.LOo.J I"lF \'"'~ A ~~Tf'lG:-r:rC.S AN--o. P"uM::l.t'~ of Tf-4rt /)..V'9RO'Je.b 9LAtJ /\F MY }\oM~ A5 oRt&~Al.L'r' '\ J Section of Ordinance -------------------------- ------------------------------------------ Name of Applicant ~ ReA\) LEY S JV1 EL LA,..));> Address ,t.\~ 105 "'Z;J:.L LA Si'" A1 W AN'TX1VEf!... MN S:5'304-&JO!l t<l-'Cl I .~':"'l.~ Home Phone ~~Lt - 00 t.\ , Business Phone 53 -:?,-;J..(S~ 5'33-;L 7s7 ~Jl" signatme S~ j ML-i!&.-J} Date JJ~ 11 i193 <;/.0. ------------------- ---------------------------------- ----~------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Da.te ~ --------------------------------------------------------------------- / VARIANCE PAGE 2 \ ) The following information shall be submitted prior to City of Andover: review by the .' 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures wi thin lOO feet. 2. Application Fee: single Family ~S.OO) Other Requests - $tuv.O~ Date Paid c!?-/;7/;iJ Receipt jj: j' 'i ~0.5b_) Rev. 1-07-92:d'A Res. 179-91 (ll-OS-91) CRITERIA FOR GRANTING A VARIANCE In gr.anting a variance, the City Council shall consider the advice and recommendation of the Planning and zoning Commission, and: 1. If the request is in keeping with the spirit and intent of , / this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property, 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance, ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ]"n9 'S, l~~~ AGENDA toO. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM toO. Request Extension of Hauling Hours - WDE Site Bolander & Sons Company and Eagle Trucking Planning .12 BY: .3. David L. Carlberg City planner REQUEST Carl Bolander & Sons Company and Eagle Construction have requested an extension of the hauling hours for the land reclamation and mining activities located at the WDE site on Hanson Boulevard NW south of Coon Creek. The request is to change the hauling start time from 8:00 am to 7:00 am, Monday through saturday. BACKGROUND The City Council on May 19, 1992, approved a Special Use Permit for mining and land reclamation activities to Wasteco, Inc. As a part of the approval, conditions were added to the Special Use Permit. Attached is a copy of the resolution. Note Condition No. 4. The Council should also consider whether an Amended Special Use Permit should be applied for by those parties requesting the extension. Attached is a resolution for Council review and approval if the Council chooses to approve the extension. MOTION BY: I TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , J RES. NO. R A RESOLUTION AMENDING RESOLUTION NO. R067-92 EXTENDING THE HOURS OF HAULING FOR THE SPECIAL USE PERMIT GRANTED TO WASTECO, INC. TO ALLOW FOR LAND RECLAMATION ACTIVITIES ON THE PROPERTY LEGALLY DESCRIBED AS: (1) the Northeast Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. (2) the Northwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, Carl Bolander and Sons Company and Eagle Trucking have requested an extension of the hours of hauling to conduct land reclamation activities on the property legally described above; and WHEREAS, the City Council hereby agrees the nature of the operation warrants an extension of the hauling hours. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the extension of the hauling hours to Bolander and Sons Company and Eagle Trucking to conduct land reclamation activities on said property with the following conditions: J 1. Hauling of materials shall be limited to Monday through Friday, 7:00 A.M. to 8:00 P.M. and saturdays 7:00 A.M. to 4:00 P.M. Adopted by the City Council of the City of Andover on this 15th day of June, 1993. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk \ '" CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. R 067-92 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WASTECO, INC. TO ALLOW FOR MINING AND LAND RECLAMATION ACTIVITIES ON THE PROPERTY LEGALLY DESCRIBED AS: \' (1) the Northeast Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. (2) the Northwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota, WHEREAS, Wasteco, Inc. has requested a Special Use Permit to conduct land reclamation activities on the property legally described above; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03; and WHEREAS, the Planning and zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the use will not significantly cause serious traffic congestions or hazards; and ) WHEREAS, the Planning and zoning Commission finds the use will not depreciate surrounding property and is in harmony with the Comprehensive Plan; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to allow Wasteco, Inc. to conduct mining and land reclamation activities on said property with the following conditions: 1. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No~ 8, Section 5.03(D). , , 2. The Special Use Permit will be subject to annual review and site inspection by City Staff. 3. The finished grade shall comply with the finished grading plan on file with the City. The grading plan shall be adhered to and not adversely affect the adjacent land and as a condition thereof shall meet the conditions set out in Ordinance No.8, Section 4.23 (A) . , '" , Page Two Special Use Permit Land Reclamation Resolution May 19, 1992 " / 4. Hauling of materials shall be limited to Monday through Friday, 8:00 A.M. to 8:00 P,M. and Saturdays 8:00 A,M, to 4:00 P.M. 5, Signage shall be placed on access driveways indicating trucks hauling. 6. Applicant shall keep Hanson Boulevard in a state of good repair (fill clean up). 7. watering of roadway access to site to control dust during dry times. 8, Applicant be required to restore area when stock piled fill is removed with seed or vegetation to establish erosion control. 9. Length of permit shall be in one year increments for a maximum of five (5) years. / 10, If there are any other owners, they should sign the Special Use Permit application. ll. If the Tree Ordinance is in effect, the language of that ordinance shall be adhered to in this Special Use Permit. Adopted by the city Council of the City of Andover on this 19th day of May, 1992. ATTEST: Ken V~V~ity Clerk " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 ITEM t-O. Todd J. Haas, Engineering ~ APPROVED FOR AGENDA AGENDA SECTION t-O. Discussion Item ORIGINATING DEPARTMENT BY: Approve Revised Plan/Round Lake & Bunker Lake Blvds. -I. The City Council is requested to approve the written agreement between Grace Lutheran Church and the City of Andover to be prepared by the City Attorney and allowing the Mayor, City Clerk and Grace Lutheran Church to execute the agreement. A copy of these requests by the Church have been sent to the Anoka County Highway Department for their review. \ I MOTION BY: TO: '" GRACE LUTHERAN CHURCH 13655 Round Lake Blvd. NW Andover, MN 55304 421-6520 " RECEIVED \ JUN - 8 1993 _ CITY OF ANDOVER rk.y ..,-, ..:: I ., 1993 Mr. Jack McKelvey 15327 Nightingale Andover, MN 55304 st.. Dear Mr. McKelvey, I wanted to follow up our meeting summary of the agreement we have would like to have a written Church, the City of Andover, and relationship to the project. of Monday night with a written reached as we understand it. I record of what Grace Lutheran Anoka County have agreed to in J On our part, Grace Lutheran Church agrees to accept the construc- tion option which will develop a north/south street to the east of the professional building, which abuts our east property line. This roadway will not connect with 136th Lane, as an east/west roadway will be constructed between the parking lot of the professional building and 136th Lane, entering the southeast corner of the church's parking lot. While this option is not the best solution from the perspective of the church, we are prepared to support this option in the interest of harmonious relations with our neighbors. As part of this agreement, the church agrees to construct a durable gate across the south driveway access to 136th Lane and Rose Street. Based on the agreement reached at Monday night's meeting, it is the understanding that the church can expect the following commitments from the City of Andover, working in conjunction with t1n01<. (), COllnty. 1. A temporary (span-wire) traffic control system will be installed at the intersection of Bunl<.er Lake Boulevard and the new north/south street described above (across from the b'lnl<.. ) 2. The new road will be fashion that no surface church parl<.ing lot. designed and constructed in such a water is allowed to drain into the 3. The legal Jurisdiction for both the north/south and the east/west streets described above will be in the public domain, meaning that either the City of Andover or Anol<.a County will have liability for any accidents which take place thereon and will be responsible for all maintenance 1 , / t'-:\ \(y , '0 ,,:. ) activities, including snow removal and surface and drainage system perpetuation. 4. Provision will be made for the installation of adequate signing (donq' Bunl\(~l' L'll<.e Boul(~v'lrd (permit c:o~;ts to be borne by the City or the County), maKing it easy for those desiring access to the church from either the east or the west to identify the legal access points to the Grace Lu- theran Church property. 5. The City of Andover will to the church, replacement berm which abuts 136th Lane, bilers last winter. furnish and install trees on the top of replacing those lost ot no cost the eo,rth to snowmo-- 6. The church's current driveway access to BunKer LaKe Boulevard (north access) will be reconstructed by Anol<.a County into an entrance only configuration, from the outside lane of the eastbound roadway. This worK will be done as part of the County project at no cost to the church. For the saKe of the clarity of everyone's records, I believe that it would be wise for all of these agreements to be put in writ- 1n9 . \ ) ThanK you for your help on this matter. Yours truly, ~ ), mB The Rev. Steven L. McKinley CC: John Olson , / o ~I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 Comprehensive Plan MUSA Expansion Requests Planning ~ David L. carlberg city Planner APPROVED FOR AGENDA AGENDA !\D. SECTION ORIGINATING DEPARTMENT Discussion ITEM !\D. BY: 5. The City Council is asked to review the letters from property owners and the phasing map to establish the order the Metropolitan Urban Service Area (MUSA) expansion should be allotted if the City receives additional MUSA. ) The letters from property owners are attached in chronological order. The Council should compare the map(s) that visually indicates the areas requested and the sewer service area (MUSA) revision map which indicates the phasing of the urban expansion. The phasing map was submitted as a part of the Comprehensive Plan Revision to the Metropolitan Council. MOTION BY: / TO: ". ". " ~~-V ~ ~ Cf~ ~~ ~-~~~ ~ ~_ ?-c:,-~do (. ' ' ~,~ rR 10/h-d-'t_,/(_D~ (,~r I R 3-- C1 - ') L-_ ~ Y - c) 0 U ( - / y.- ( (' '6 '( , " I , ; ~~ LfL 'S {~ I i.f:.( -/tve.. {lJ ~ -Yn I-. . ~ S" ""1, 0 ~ "- J ~ n ;J-o/ /r61 ~I O?~"-'" Q ~-v /l P' -/1 .jL v ff C\...- / ......-....- ~ - ,,~ ?L--/Lj/ 0vv J (l..fZ-<~ C'--'7~ -r (/'7_ <<2,o-32--dJ.'i-Y-'f- DdO( :l. _ R 3 o~ 3 2- >-1 '1.5-- u c) C) I C~ ~cj4. uio 3 ryd/ j O?~ 7/0-/ _/V/-Er-ve fi V - h-?h-- ,) ~d/-rbcf3 ~ ,. ~ "'..- , J , r. .-{iii1"..- ~; . n:: .Jb..i w ,n > I 0 ~l 0 ... z 0 <l: ~ lL. :> !;;;iii <;; 0 .... 1 >- 'I I- 1....., ....... -.l U 1111\11 u llll;i! !;;om .J \ ) ~ ~ ~ ~~ <;t: ~ <d ~ ~tt ".i: ~ _11m '" IF-J~' '" Gorham B 'U..ild.ers~ I :n.c. ~ 1!",.'AgO'D()lICflON '\ j 9016 COLLINS DRIVE. ANOKA, MINNESOTA 55303/ PHONE (612) 421-0998 Gary M. Gorham July 24, 1989 ___0_- DEt[~VEU'- ~ \ ~"~~~989 1 I " City of Andover 1685 Crosstown Blvd. Andover, MN 55304 Honoralbe Mayor and City Council Members: CITY OF ANDOVER As owner and developer of Winslow Hills, a single family sub-division at Hanson Blvd. and 150th Lane NW, we ask that another 40 acres be included in the MUSA sewer and water area. We have an overall sketch plan on Winslow Hills which covers approximately 130 acres located in the SW 1/4 of Section 23, Township 32, Range 24 and the SE 1/4 of Section 23, Township 32, Range 24 lying westerly of the Burlington Northern Railway Right-of-way. We are now developing the first phase which consists of 40 acres or 80 lots. This phase is selling very well. We ask that the 40 acres lying east of the first phase be included in the MUSA boundary, so that the second phase can be started. We already have some of the strom sewer installed through part of phase two. , j If anything is needed at this time please advise. Sincerely, ~rr rA/ ~>C~vl/j Gary M. Gorham U~d.~ Winslow A. Holasek , ) ..-_.-..,-,..,-~ - = 1-/ ,~ (- I: .:!. ! H' fm7lT ~ ---- --- :- ~~~ :D--- /7 ~ , ~" ~~ y ~ ~ ,., I '0"_...., 71 II _ - ,.-.u CD, .-" I ~ I U : · U I , i ~ lIYe- I '--0.--1 - t ;:~ 1/ ,; I j;O "- I ~ -- r-f :,r;, ,I ~~ r< h " I mmmJ._ ~ !~. u;,~um:~j~~l\-":--":::"::':":'-"::' --/.; ! I I - ='~'" . ~. U .~'"Ln-l , I': u~,.. - : uF"""~C:,5\\ -~r~"----J:-- J ~ -- I""""'" /i;;!-", _ . It V ---. :.:: ~ ~,'I-- =-+.;+~: . I -,- I f---- .~~ _ / I / I , u .''', I >-- .. u u _ $~ _ I .:"'-,u u :/ \~ ~ ' I ~': : ;1."1- i II '-==- ...f,1 L t' ....--A- -~~/- T I\~~. j 1,-1 11: ___--.- '~-- - --.--i--}-f" / I /' I ., 0; .', ,. .- . - _u . ", -- ! ..............1 ~c:. ": ~ ~u ': - 1/ \ i : " _ ~ ) I : ~ ~ 1 r. ~rr -.:. ~ pi A-rl '- . ;-"l.,i:J ' I----.J, I J" I.' ~ ~:~: .u . , i ~" '_: I ,'" '" . .. __ I / . !~:li!i. ~ ". ~ ~ .:". ~ 3 ~ ri' Ll ~I - - --e>- ~ u ...n-:, . i----- -.- ,----- ~--- j 1-"'""....-' .'., -N~' ~ -- ~ '.- 7c.-, I ..~ .~'" u u'4~ I"~' , ~ ~ , - , I "" _ . h'. .. '-- 1 I, ~ r I c-'I' : '~: i / 1 -C: "- .J'=:;I- " ./ ,/ l ; , -i'-lt~:-"! u J~~~--:-,~ I --~----=----I . IS;' , . ~ Isti. . I -.. I'" r. I ." . I', lee _. '::'" ... z: "'C'o 00_ jJ o , U .llm ". ...I",,/-I . 1 - ~~ . I . ~jLL.;". ~ . . ,~y -, ~.).; '. '/7~. '. ~\,'~.':;;"~ V:" I ~ ".. _ A".~"lli . ~<"""""ri:"', , r--r/(f(? :~ '/ ")...,"-- I I I / I _ L' L!.:. 1 ~(. . I _ .~.,~,~~ I _ , ::III - _ 'fi. l~ I_ . I I . -....j ---~- ...... ..,..\....: I _ ..r::.....J -: \~ ~ r - "-- - '''0 lJl :;:::H._~ .$: I~F -, - ~ W ,- .- . C 1 ..J1~- -- ~i t . I , I ---= .- '" '5e,t~- -<- Gorham B'Uilders, I I'1 C. Q 1~~~fAlI<IOI'JIICf~ " 9016 COLLINS DRIVE. ANOKA. MINNESOTA 55303/ PHONE (612) 421-0998 / Gary M, Gorham ,- .- July 24, 1989 City of Andover 1685 Crosstown Blvd. Andover, MN 55304 Honorable Mayor and City Council Members: As owner and developer of Winslow Hills, a single family sub- division at Hanson Blvd., and 150th Lane NW, we ask that the entire sketch plan be included in the MUSA sewer and water area. , We have an overall sketch plan on Winslow Hills which covers approxiamtely 160 acres located in the SW 1/4 of Section 23, Township 32, Range 24 and the SE 1/2 of Section 23, Township 32, Range 24 lying westerly of the Burlington Northern Railway right-of-way. We are now developing the first phase which consists of 40 acres or 80 lots. This phase is selling very well. We ask that the entire sketch area now be included in the MUSA boundary. We already have some of the storm sewer installed through part of the sketch plan. area. / If anything is needed at this time, please advise me. Sincerely, .4 -V..rI,A - )VV ,/ Gary M. 'Gorham ,!::.L ri ' 1~'7 '-- ',C'./Y'/' I v . '_ UJ.~cI. ;4~ Winslow I. Holasek ) I it iltt=tt :~~ltfrUrrr~~~If~ ~::;:: ~ ." ...../ :-....0 - .'!-.~ ~ ~- . . -' .~, ~ : ~ . -0,,", 'ioo ~.~ · I .,,- I /' ,,~, 3: . I'hlt:';:~~ltr\~c. ---:xJ ~ . 1. .~~~( / j t/ ~ ......... / . L- JJ .: -,j - ~ '~-I~. -) -J:~ !'i - -J - Q::- -....au CD ~ -OF..-r I'Uf.T -- ~ U '~l J 1 1-1- : l I -~- - .... : L I ",II r == i: : r- --- -i- -- t-- - t--" 1-__ ' 'i- I U IO ,: I /' ~,u::;_ n_un nn~=c:c:}~u_:)~~ I ~ 4- n '/...ft'.I. . - · II " I I ...... ~: (~- - / I -- '-- " "': . - ~ ,... I #' I ~ I ~::; _/-:,:-.,Infl f I ..;-,.....1.1. ~ ~ . . H"" ~l ~ i - -- ;:c~-<:- ~ - ~111 : ~h" _ _._ .- _ _ .. ~ : ~ J__~~ i ~ \ '/ :--,,-, -'cot, t-~-/ -+ --T- .\ h \\ . I I~~ -=- ~ ~-~~~ / I ~~1 ~\.;.~ ...... - I J I - - - -;- 0""'1;>:- . / \ I ::.~. \ ' I ., - - - .. r - fi;~ . I . \'\ I L!' I .~ M' lJ 111// ! '. ''\~~~-~~~rr ~I 1 -IU ih:~~~1~t'r-U :l.1. ~. ::;;;-,.... J/~ ~;';l~~J - ~,!:S C)' e-:-~, _ L- :..:.,< -;" ",,,. ~- J~ -- --- ~ "n_~l ~~~ - ----- --- ,.~," 1_,::.: ~- (- f/ ----. ~ ........--- ... - - f'. ",", - - I t.:.j r- I / 1 . - . I- 1n' - '! 1 I \-11 : ;: - I l:u , cp p!- .-. - ~ .~ ~.~ , !; 1 ~" I I. "'- l-...!'.~~"=-~'!: I -r"----....I~""-I.,'_/; ~I : jl -;-~1:r- -- /--- ,~ ,. I~ - I' ,-5,; / ' 'j~"~ t ..fJ):::tI... ~ --:-~----=:---I - ~. II . I. ~ :~<}:,'~ lr :, I I .- ~ \ 1 I , - :: 1'/ -l t.:: ,1- ~ . ~ '-"- .- -~_::- .. - -------- :, ." ry- ~e ~ I I 1 :01 I I --- ... V I uun__'_____U _ L-J I I ... ~ : J/ J__~.___ I I , -- """""""",]"" """=",:,,' "n-/li J. .......-...-...............-.........1 .. ........... ....... , :.:.:.:-:.:.:.:.:.:.:.: -.......... - .}'trtrr:}}titf ~;.i~~"- !i:IIII:I!:II:II!r!!!!;~~U:l ~ ~1U / ~.... j' ~ ;','>C -~ I ~~~. IYv,'I~ /~ / - L s ,- n t::J I ! 11 ~ p ,- ,- , ,'1 /' 'I I 1'1/,0,(, ,~ L....:,...' I....... -;: .Il.: . \/(<~ '-;//1/17 ./ August 7, 1989 " Mr _ Jim Schrantz City of Andover l685 Crosstown Blvd. Andover, MN 55304 Dear Jim: As you know, we have made an agreement with the City of Andover and the E.Q.B. not to develop our land on the east side of the railroad tracks and the north side of Bunker Lake Blvd. until the year 1990. We would like to proceed to develop that land at that time and hereby request the City to request that the M.U.S.A. line be extended to allow for city sewer and water in that area. Your co-operation ~n making this request will be appreciated. , / Blvd. 55433 , -----. i'u r: f~~r;.;-; /i'~ "..- . JLr.V ~ ~l' ~t S ~I tv"' I ;] if !''iJ;-;~;;I'' I " , f I CITY OF ,A (\!!JOVr'"-- I / ',,' ... .. ,.,', .. -" .: ..' ". ,'. ..",. ',,'.,', ":.','. .,.. ..",". ..0.'...;.. .. ," )" " '.'.',' " ',' '..'..:.'...". ~':~.':'.."i.. .. , . ' : ."',"".., ,'" ,',.. ',.,", ;" < ".. 'i., ,'i.",,"'."""'.,..,".'. '.", "','. .",' r " '~','___ ,', ':~'" ..,'..' ':' '..",,', '::..:"', ..,:....".., ~:~','~,' '.. <', ',. ' .'---: .. "', " ' ", "',' ' , ' , ' r', ' " , ,',: I ! .! . ~~r; ~ ;); Wi I II I ~I" ";'" 7/ I I I I \. ...........~ 1[: I., flIiIY. ~ </ Afr .~....' ,--..; ~li"...,...., ...............,.,."" ~l~~i:i IV li..ih:" ...'...' , ~' eo", c-... --= ,',....'.' f ~~ WlliFfJ"JfJfJ~~ ~II ..:. .1-1' ,- "C'.'-''''""'; ,- '" (.."," ".), - .--r;;/1 - _;,1,-/.'::.... ) The Gaughan Companies Gaughan Land Incorporated. P J. Gaughan, [nc.. Gaughan Management. [nc.. Gaughan Realty Northtocvn Business Center 299 Coon Rapids Blvd" Suite 210, Coon Rapids, Minnesota 55433 " October 2, 1989 R ~; E}I~9ED CITY OF ANDOVER Mr. James Schwartz city Administrator City of Andover 1685 NW Crosstown Blvd. Andover, MN 55304 Dear Mr, Schwartz: I respectfully request that the City of Andover include the 102 acres of land identified on the attached map in its MUSA line application. This area is able to be serviced by gravity flow from the present Andover sewer trunk lines. I appreciate your consideration of this matter. Sincerely, j THE GAUGHAN COMPANIES "O~' <<~ _ v.- Alan J. Hamel President AJH/bg '\ '- / - Land Development. Construction, Property Management - Equal Opportunity Employer (612) 786-6320 FAX It 786-9320 ~ ~ 7IP~\~,~' i..JJ1 '" LI ",'. " . , " I ',' ''',- r:1 ."fh 'f'. .. ~ . ~ --_. 41 ~,I:::>:J d ,S;: _ . - 1"5 I '~r~',! -J.. I ~ /ICYL ~ < f/.; ~_' J !'-"! I ;pc=bc_ ~-;; -) . ~", 1,1= ' ') I'~ I ftI I ~': ,,' ! .:, :-- i' , " , rH, '" ~i!. i l> () : : / .);1~:, ',' , a C/: f' I -l ' ,-- / ~ '(,,' i;'q..... ';]1. I r -< I , /" ~.r;,j:d;(.' '~ :~11 I r , , , ~;, ..;:~ . '~I",n'. I ' , . . (\i'~ ::.,,,.l..l-.;.... _if!l: ...~. r..:::a..:alJ:"::'l1oll... ~..~.,..,.,( ( ~_ .....J.....~~=.'.::.=-,~ M. - . ....... - - __ "'\ i' t i I gm~. 1:..'J.,.,'~.:,~:l,j~n~'b ~ Ii \; ". i'~~ , ~~, ,'" t~: t '!/d~';;,i';,'\' 0 Z . ~~ ....~ .:.\ :;.1' t):>' 0 H U11 ~ " _ ,\',.",..,O:Do -1 r I I'T~, vi ~~ i .: ';;:";10 ^ . H 0 I ", ~y , ..:. '..'.I-.'.'<r:"~,.,,. H, 0 ::;::_1___'_ - ~~ ------ ,---!-EE-'---'--z.- - ~ ~'- -.-- .- ---, ' --~=-== ~~:(t.::>H r II ~I\.~~ ~ i ~ ;\:,! ,~~ --,,,,J: 1 / ~~ ,,' , ';:< U1, . :;":r,i-:,~:~'"..: I,. ':','/ //" ,I j:' ,'.-" '~'fJ.,1 .._,.' J '.".'; ,I. i. J-- ~/ --- ~ =-1.--.-- _c------, I ,_... , .~ T ; .. -r ' -/ - -r ' -, '~ ,nd. I - ;, '~ - ~~,~ / I , ",:---?;; ~~- . / \ I -:- :, r. ~~-,.,~-, I ~~7( ~,"~~ i - \,. is' - I ~, ~-1r '" ... ... .., ;- l:!!.. i:' . - - K,- 1"._ -...,. - ~ ::-... - ~ ~'~- ~ ,-- -~-j ~- /~-- ]~I/ /:' . ~ '--\' 7---' '\~-o --I / ',\0 ' ,\ , ' ,~'\ . \' I ' 1, . I CJb , "I ,,\\" _I. .. ..~ 0(0 ---'t- . 'I> I, ,Ie,. s" , ~L :. -' '---------~ - I / J l' l i _=-~j .-- I - I -, -- I 1/ ' 1/ " I ; / (t "-I. V I ;/ > -..rJ!- "...........~ GJ c.... ...... -. " ~ J - T 1- ~ "'" :... -_ -:. -_ -_.1 Yf _L_ '; ~ ~ ~ - ~ lj-~~LL y - ." /' ~ I '. I -----1----------- ; +1, "J.' - .. 1. . li-' 'I~ I L ~g[ ,.\07: ~ I! ", "" ~i!~~~~!:I\~ ""'- . .:.:-:.:.:-:.:.:.:.:':':':.:.:.:.:.:.:-:.:-:.:-:.:. ~ :~~{\t~t{/)~}rt~~~? :::::::::::::;:::::::::::::::::::::::;:::::::;:::::; I~ , I~ " ,:1:J.- -.- \ ,~,-- ../ . J. '/ I ) " , ) " ) '" '" C13^OONV 30 )",.118 ': n .686\ 8 li'7l'~01 ~.p.. ...,n11 /\O~J H f'\3 . S ' ~ . :. November 6, 1989 City Of Andover 1685 N.W. Crosstown Blvd. Andover, MN 55304 Dear Mayor and City Council: We respectfully request that the City of Andover include our 10 acre parcel of land identified on the attached map in its MUSA line application. This is the southernmost of the two areas included in PIN No. R22-32-24-14-0002, directly adjacent to the northern boundary of City Hall land. This area is able to be serviced by gravity flow from the present Andover sewer trunk lines. We appreciate your consideration in this matter. Sincerely, ~~k.J-~ 'fl~ ~ ~+ Mr. & Mrs. George G. Holst II 2905 - 115th Lane N.W. Coon Rapids, MN 55433 (612) 421-6098 \ " " " " " ___. ~____ .1 I - "'- r '1::::=;"-1\[ ~ ~h \' I l [--=i~C:f 1\1\ ~r---. 1 '------ ' >--- . ,~ . II ~~ ~ ~~-i ~- 1 "'- '~-' : ~ ~-- ~~i:i' ~ J ~"Hr_AJnmn:s : ---l--~-- ___+ __ i ' IRl_. , . ",CCWOAcomOH "" I ,- ~ i ::/~ff1t{HI: T ,":-~~,,-, ~II' ~...'- III~/./t..,~... .','...\ ,..1 ii \ ': ','" ",I II ' ,mi. ;. l~-' ________L-____ II i ! - - - - I' 'II 1\ i \p IS)!Ll ii' I "'-~ If '. ,., ! i I \ Il':i \ I ~ 'I 1\ ! ' ~\ - ~~~------t--~ ' i----T- - ) f P '" ,,-II- .. n- I ' -J / I I Iii' , ."" " ;-.... I"~ ilt-i;1'-;o iNS ;lX.-..I., I I ' I IiI""" " " J I """ I, Ii , n ,. I ......... : :"i~,. ',:.'..1[ :;'~.',~7~~~'/t' r.11n i! '~,~, I . : j: cT +, t . I' 11'4 ' :/:> I' I . I" I . ~II ~.: ' I [ : ;' :,.Irii!0I,:I"I'I'~"'I/:':o', " I I" ! ' ,'; ", I" I ~ ' fU(lO~ ~ ['~ ~;f;?~~~l{l F " ' ,+- BARNES!\ ROL- I .~I-- ,"-'- "2~'o I I'" ,4,,~3 i 'fV~RG' 'jEN ____~ !,~'I:':":I-;r."i'i~' j , 'j. : ~~ToAks=2ND~ I !~,. :'.\,.,:j.T"I'I'I'I'" I --"'7 ~'-~---~-L-\.I--6' : Ii ~e~.'S~A {~J , ! ;,"<l~4f~1 [I i i II : l~ , II ~ I' tr ,,,.,,1 1 =:!/- ~ . t, : " ~ ..",..=: I I ,. II .... ... ~'l# RfI1~' II":.J.I. .1] i Ii' i~ i:~ 11 i 'i~ I:. I II i . T_ ~:><1~'~\';T~'fi~' ~. .111 I'" I ~.." ~",-. I ,...~ I ii' 'I ii'; I 't,j, wn.'" 'I. r 10 Vr .# ! I :" .:':~ ",', I I ~ ;'1~O) I I ~ ~ ~, " : 1CJ8;~ ~ " ~~ '\;$A I ~. I rfrF.-f."'il+:',-:, I ; I "- ~ ."~~ 1 : f'tffi I , I I " "-#7% . '" ~, ~ '. I,f;.,'[s 1 I I , .^".,?;\~I" ,--_ I . ':'>>~. ,_"v:R.rjjrTs-rr.;! "U .~---'1/ --1--- -tit-- -- --, "9 ' ,2' 1 ~ I f I 1 I I 1- C:R~ H,': ~-;:.J i \H I I F"~~-::i I It; 't~ .~ 1\1" ~ ~ '\co I --1 ,- , ~LJ ~ ' ) i " ! .- .- io AC"J. '~\JS^ ARr:A ... 'It I ! . .'~ I IC_,~""'''''''' kJ '6' r Ff~ p=: -~-. I I I I _~c:_~ 50'" ) :". '/ /.~~";)' . ....;. , ---- , / ,.;r. :~ " I (1-) ; ( IbM) "---- - -- ~"--_. . .' '" " (/8'00) (2) (I) '..100 ' 100 , 10 i4- /~)~,' /.(~ ~ I,.~.../ J ~@/ ~ '!!- 85' 'il-~"" RoA-Dw1\-Y '3..'/... 100 , " c.., 7- 'l .._-~..~> '. " I ' '. I 'f A ,; It i' ::\ ~~ t y ~-:: '1~' ,...g '"J.f/ /@, ~: c@V ~).Pf' <3'5 Ro/'rbVJ~Y &"$ K~ If:> S'S"' :?5:' /D3 I I I I '-i..'.. ~' I "I <r 3; I , ,.' (9 I $S -~ @ - .- ----- - 103 ,@~ ~'7- , ..-. "'-"'1",,--- P\ t-4 525' ......., z ',,.., :OJ . C1 \ ~: '" '.... ~ '.. f- o .q: .. ,:, '-'-'1 1 c: I . I ,,,. ," I ~o-.... '~ :~ ~ I I :~ '~' ,:~ ) w f- <t' f- ;:; .N (f) ': ,. ,0 ~ c:. ~ '" 'u >- g .!-.., Z ::)" O ,\, ,~ U - r i':;' :. !' :, I ,', :~~ :- , /_"". . ..:. I . I ' '. /,H--_:H I ! , 75" I r~ I E//4 C< ISFf: ". '" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ ) DATE J\Trnrpmhp r' In , 100n " AGENDA SECTION NO. ORIGINATING DEPARTMENT APPROVED FOR AGENDA " Engineering -<:5~ \ \. BY: \). ITEM~,.... ~ NO. [R. Sonste~Map/Sewer r. . prTll po " t BY: Todd J. Haas The City Council is requested to review the attached map showing the properties that have been petitioned by Rosella Sonsteby for 'Ila te rand sewe r. This item is more an informational item as requested by City Council. The Comprehensive Plan Task Force will be discussing plans for future expansion of the MUSA within the next 2 months, The request of Ms, Sonsteby will be considered with the Task Force. / COUNCIL ACTION MOTION BY TO SECOND BY " j /" -- II I I , I I ~ (S)l. ' / L~ ,.._ .~~O \J . L 0 +- :A I ~. d-- '1' ~ / .-::- 3 ~..- --\K J d-- '/- ,4- h D -~ '\ 0;, ,\: ti;O~ 000. i:-( ;t1N. i'-f-Uf~ ~ d..;;( F..vf A~ ~- - ' cs.r , _)lsR/~~,~ );-;J;.,,~.____0- ~'u,_~ j7t..0~C{_3'2-.3 2._.0002- :1I"'~" ~, _... Ii ' ' .. I " I .-., -,,------- ,-' ,..._.,__-,-'-U ~I! j{e...rYC:;- . oJ=. S e'j .c1 Se"_._C5._oLt. i~,. 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I '...:.::: ~~ 1.., I -.~,_ 'I, " ,J ' J. ,:: J '1 ' 3 ~ - r../.,' ' , 'ANDOVERL.;, I --= - ~~ '~:~!37j' ~ 1 J r :' ,4;1 J < ': \ 5' \ ~'" I' i ,;. ( '~11~ - ; :71:' ij }It''O\'''bl~~ - T '(I'7FfS:~t>- 1E:4:;.O~ ~ .// ',1 ' I J Ii " " ,. _ 9 ~jj~ '.' 'f Llul~~s:,~~~~ D2~J LN');, ~; ~~TE .... ,w.; , I 6 , ; / I ' ~ I ./ Q I .... ~ ! ' I" }C;, _ ,: ,-::::::1 ' , , : I r ~ I 1141' '\5' i \ 3: \ < ,<. ., // I '4! - ~..,. ,. i ' ': J ' I ' I J \ ' :-:- ~I.:,J. " ~.};; T1','j'-j l-\~ I' r- -.r J ,.= ==1 ,I, HS' . " " ;; I--- I OHHSO, I I-- i - ~- L "i,' J :Yr.l-'" I'" . 3' ,.,- j4'~:~ ~ i-~r.11it~0\~;~ 1/ \ ~ ~ ~,"" ;J:j,2' J '~a f--L;/;:;;;~C ~~4~21 I.~ .. ~'~ I ' !" . \ . ~ l.' 0/. ,71 · 9;i-f J ~ ~ r"o>- jll - -~ I!!! ~';!<.~ ce. ~~ ~O~~q~~~I"tl"~~"::;:' "- ,-- 'r~.. ,: t~l~I~~~~;~% Hf i COfNS, 2ND ADD, _ " . I 7"-' . -,- ~ L "'7,\.",:;',,. I fi< ~ ","" '. - t-~- -7 "-' 1 ." Ol 1; ~ - l-vl ' 2 - " =- ~ i I ~'~~>>t(l;~ o t' I--- -I r; . .""""'.. : I'I'I.<')OLEC';;'~ L_ . J,OOIT""'* . "'.... F---- ~ ,,>-r '12Nj-I';, 'JO<l,m:::-+- ~ v;/1 . I~ ;,:' ~y~* :; r;Of(j~;NTY'~R.O'7AD__,NVO,,'_I/'I':, ~. _ ~. _'," I /:Y. ~if;;;i...,.w . I"'- \..'Y. " ' .1'ItF: 'l'oUiCksT-*o~r, ~~ , '- ~ ~,' ~_ "-; .' '. ~_ '~, ~'" \, }/ I i ~1..~pP(!(q:YJ+F~~ -'" I ..", ,,~ .w 'I! .I'I'~' .1.1.1. . .fif . 'eJ r~/\'~"/lo..J I /.. .\,\_1' ~ ~ .1.1,,-1+ ;;;;;;sr ~I I /...t~,.l.... ",,,, ?}f}}1 t1}~ -.: /' 41~~~-"I' ~~~-~ : : ... ,.-;;;:~ %L I !j1(/ ! ~ ~~~:~ ~ ~. " .-+1, -2- '1' ~t:li:P'I'\~'I, ~1:-(;..\ ~ ~ tJ .:...':;.17....-,-("r1.... .~::::~ I ~l'l"l~j:"-l t ~~ ~.,.,r ~ ~i' ~>-:- il:iRTffGCEI-J1'" "~;""'I\'^ & ~ I ~~~~~ t:1+.+I'~: <: :'"Tt""! . ,...,.,......;;1 2 't.'"1.t..~'!':1 ,~ ~ ~~ l.l"..L....".. - , :-;-; ~::'!1.I. ..IJI'I'I.ij:fIb'~I' ~r;, 1--;- 1~'B\,~I'I'i-"lt;l~7 '/. . .., '. ' ., ~ ";', '" ~y.oRfflGt::q. _'_J'- /26111'f""Q~.""..',~ '\:""1.'1'1')'1' ,1',.", 'I'.... 1_,I~i,:'::;I:.!_I, ~,:..L.' =_~'lQS'I'I'I'i'I'~ '. 1-;-l!J"'~"I" I!:' .. .~.~... . - I I f t:::::::::JI ~ I" ' [-7l"C[ ; j.~,,": 2]"I~HI'I'I?:----r--; ",:';i~.!".~h1~ ~ _"'~~/~.. '"'1/r"14Itl'15~ 2 ./.1-\. '~.':/'r,,,,~r-- _/,/" ~ ~;:::......-' 0 I --' ! J 6 ; " ) - ~ ~_,\ 1........ j. '\ '" .... \ ~ " :/12 'I , I ......l ~- \ ) ROUND LAKE ~:~:::-:.,.-. "- J / \/ r: R " / " " ,,' Center Oaks 2384 136th Avenue NW Andover, MN 55304 757-4052 March 4" 1991 City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 RE: Extension ot MUSA line J Dear Honorable City Council: We wou I d like our property. an extension of the MUSA line The legal is as tollows: to include SEE ATTACHED COPY Also enclosed is our certificate of survey on the property. If any other questions or responses arise, please contact me at 757-4052. st:::~ int Roessler' Center. Oaks Dev. " J ~ .~ ~:7' / fzi~ ~:Y ";:::..,.. J ~ i I I ~ ".. , I , I ........NIGHTlNGALE I i - E:STP.TES i ' I? Z I 'I ~RD' ! ~'I ~ i, - '-- I I I I I I I I I I I I I I I I I I I I '" ... "'< -.J ,--. Cl. >.. -- ~ .;, C> NIQHTINGAllE ESTATES ~ , SECOND ADDITION '2/ )..: .. ~ NIGH. TINGALE I ~ I' EST1T{S, I.l ---- ---- ~ ~ "'< II- f:=J ~ . . . ~ i I:'J I: ~ I I FIRE DEPARTMENT I \ ClItOSST~ I "------ .I!I\....O , J ~ 14\ ;t ; CUJlf" Ojfeft. NO.3' '.' ) '" '" u 0 on '0 .z w z " , '0 / " . 3 " ~' I A r ------l I I I I 01 ~I <(I > wi 51 ~I I ... ... ....._ ...LJ _ L i . (! L,.' .1. " ~ '_ L 1. \., '. ..!-J ..i.. ~ _ ... ...J.. _---1 ',' r----- i i I i I~ !z 1;;;1 , I I~i , <( I I () I Iz I;=: ------ - North line of the NE 1/':' of Sec. 22. r-o\\ON r-: '0 C t.J \" /"- \...-" '\ ,~~ IZ I i ; ,~., ~~ 19~ '1 I :i" 1121 II-i 0 :S1~1 i<l.I~1 I~I fa I' i ~ 0 i'1l i g~ i~,; a;: I"': z i~lg :=.1,{'] ! I- t .j", i8: i <(, I '6 I I~ 81' I <n I ::: ,I ". I IU : "1 -~7.75'---;----- ; ,: N 38'51'00"','01 : I South line of the NE 1/~ of Sec. 22_ , , " SW COiner of the NE 1/4. of Sec. 22. , , -.J :Ji l ..- South line of the most northerly 50 ccres of the NE 1/<1 of Sec. 22. I.J2. R.24. S 88'51'56"~ 2560,16 uo '.-,..1 no 2562,62 '.. N 88'51'OO'W r XClPTION LL , S Be'51'CO":: 2025.00 ,3: --------------------------------__c N , '" N~ o~ N 8S.51 'OO"W 0 N 58.2SY1 :a ~ \Y'C~G Ti Ui\NI '- /\ '-- I I. I ? . 2026,00 N 88'51'00"','01 In9re~s end Egress Easement" !'" <>0 :-0 ~~ o~ o U) EXCEPTION 3 - O:::NOl"ES 1/2 INCH IRON plp~ 5E7. . OENOrrS "OUNO I.~ON MONUMENT gEARINGS SHOWN AR:: ~SSUMe::J SCALE IN 200 .l.OC SCAL~ 'INCl'" "" ~OO .=-~::-:' \.. I l'U-O'1I' ! ~,ul k~'70 :J~r : If ,ut U) , I,a", i II' -II ~ I Jj zJ [...... f I, &J ' I ~ ~ I II , '. I II'a~' , I II , ~'~ ~~ 'f' 7e> .;...~. ..,~"j I ~ m.N - ~ 1.1, ci~ ... ~u., ........ '_....;~. 1_ <n' ' , ~I "~711j ~~ ,1= r 11~:5 ! 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N r'1 "" , ..;1 ..... t:J1 V ..... wi ..c::: 0 ...:l! f-< ..... r ,- Gorham Builders, Inc. ~ @ ~...~, ~~:. EQl.lL IIOI..SI~G Ql'l'Oltn:...-1TY 3538 MISSISSIPPI DRIVE, COON RAPIDS, MN 55433. PHONE (612) 421-0998 .. " i'March 25, 1991 City of Andover 1685 Crosstown Boulevard Andover, MN 55304 Honorable Mayor and City Council Members: As owner and developer of Winslow Hills, a single family housing sub-division at Hanson Blvd. and 150th Lane ~~, we ask that the surrounding acreage be included in your comprehensive plan for sewer and water extension. With the first phase of Winslow Hills we have already extended some storm sewer to this acreage, so we would like to be granted extension of the MUSA boundary soon. The attached sketch shows approximately 100 acres to be included with the following description. Area of land is located in the SW 1/4 of Section 23, Township 32, Range 24, and the West 1/2 of SE 1/4 of Section 23, Town- ship 32, Range 24 lying westerly of the Burlington Northern Railway right-of-way. , ) Sincerely, ~ /r.J ~ G~ry tf. Gorham UJ~ ~-N~-eb Winslow I. Holasek ... / Our reputation is your best guarantee ~ "~..,.,......,..,.;..,..,~..",,,'...,..,~......... .. ..' -:;:.2''''''j'' -r.___'~-" "0 I 'l \. U ' I :rr, A' ~ - ~ ;J : l ~ ~ n~_U~,( -r--: m I / (j) 1:"'1 c::: " 0 I , ,'-', - h!' 1=1).' -:<: -a~ < ~ !iJ I -=- ---...lo... 0..:-;' I ~ .. ~ r---- ~ : ' -). 0-l \:'~~ I-- ~ I =' , , ./,' 1'. 1:<:' . -< rr- A .~ I' I !- - 'I ",: f-- 1----- ',' I Un I I '- ~\--; i > -- - ----cc ,:., '-.-,'_I~..,,-'.-'-',,~;'~-'.~~=--'0T~,~~~~,:~~~ ~'i~i.t;I.-"~" "",=":,..,....-,..",.:,..",.."..,...,,.......,..,..... Dti"Litl ! ~:..:. _ :\_ -I!I..... oJ_ - ,'if- 1'\,1- ~ I ~ J:f! J....'''L ~ A X .. ~ b ~... -; )' j' J.... (1l .t.. . -.. .. . '1'\"l.'.t.J.Y;.:" .: ~ -: _~I .I~ . ~ ' '~I~i;- :~,~ :: "~ ~ ~ H ::..~ ~p _~I_ : ~*B:C\ \ ~;::::....., f-'- \-l<:l['::" ~ ~ ~ ~ ~ 1- t~1 ~>-: --IL,~ ~[~ r.-tK'~=.l!:.J<~r-: -: ~ 'sf. ~ ".lO~~ _- ~ ~ rfi.....l. - - ,t;::;:~-:,: <; , . ~ r:J-... -'1 ,\,\y ~I ' <; "6~ft~ I 7 ~... - " ~ ' '::' ' 'I -o~. ) , - -~ ~ .. "li.... ~ ~ '\ I 00 } I ~M ft'~~ _~' I ~ t ~ ~(( ~ ~~ ~ -=L-~-=- I .. ~ I ..-J~""\. I \- ~~~;1 T, I I I I , \ I - I~ J--- I~, i; ,- -'~ _"1J -'--.-- ---;.-t-'-i-'-- ./ - I I ." ~ . ; 'b_~~ -- . r-- 1- A --- - , I ?\~ ~. " ~ -.~ ~~ Y)11 ~- .... "... \.. .. l~... 1;. ~ - \" . \\. ~. ~ < ttf ~~-' ~ . . ~: - ~:E;77 ~ W>~'N ~ , :1f f-- 0.:. .L. / .J \ f- ' ) . / I ~. I j;/ I 'I I .' I~ --J-- -- ~ ' I ( I \ I ' I - I I I I I t- -r- - II II -- l_~___..,;___.....M. .. 1 ...._ " " '. " J . - { - 6.~ ';::-... 1-3l- ~<a r" ~. - '" , I ...r:-==: >;-=:. t:.--~-- I / t-- i ~ .. i ~ ~ \\ "i'''''''' "" ':;, 1 r-\ rth IH1'~' '~I~-- -{- ~~ I.' 'I"'J + ~~I- , - :~L f-i.- ~... -, .\;. '\ ...::!.. ...~ t-:;- '1_ _ tt . 1r....'. , ."" ~ '</ - '-- o _ I _-,.--- ~ 1__-- -- - - ...-- - ,....:~:..:' =- :~--;J--fl 'i~~ __il i'/' ,~ ~ ..' ~~~ I /' , . ~. ~ I >" --- I I c:..... >~ I I I " - = ,- '" >J March 26, 1991 ) ~ City of Andover 1~~5 Crosstown Boulevard Andover t [.if! 55J04 Honorable Mayor and City Council Members: As owners of the following described property that was included in the MUSA request dated July 24. 1989. we wish to confirm that we still want to be included in your MUSA boundary extension for sewer and water even though there may be a change in the zoning of our property. The attached sketch shows approximately 2) acr~~ to be included with the following description. Our pin number is R 2) )2 24 )2 0002, Our property description is that part of SW 1/4 of Section 2). Township )2. Range 24 lying north and west of County Road 18 known as Crosstown Boulevard. , Sincerely, ~.</ g~ Lora G. Hamilto~ t:~/~ Edward L. hamilton '\ / I I '1._- JI I I I .... .... i / " April 23, 1991 City of Andover 1685 NW Crosstown Blvd. Andover, MN 55304 ATTN: ENGINEERING DEPARTMENT Dear Sirs: Please be advised that I am requesting that sewer and water lines be extended to my property which is located on the north side of Andover Blvd., just east of Xeon Street. PID ~263224130001. '\ ) Yours truly, V~~f Dave Patzold ) . :.tRY F ill I - --~-,- ,----- I '" I I I I I " J ~ I , , , , , , >', >' ~ ----I ..'- MLS, Custom Built Homes Residential Real Estate " I ~' r ~( jil'i I Lv "1 01 ~,~ June 27, 1991 City of Andover 1685 Crosstown Blvd. NIV Andover, MN 55304 To whom it may concern: We are requesting that the 2 parcels described herein be put in the MUSA line for water and sewer and other public utilities as soon as possible. Thank you very much. \ ) Sincerely, ;r(~c~ Ronald E. Smi th ) Raintree Realty, Inc. 11925 Highway 65 N,E. Blaine, MN 55434 (612)755-7750 : I ,\.;;i~\ : -I ' ,_.c'i::-'\...., 16\ )'c',OlIJ] :: ~I'I'!'I'I$l~ ,I I I' /II" -'of I Jj ~. 1 1 ~ 1 , 1J6.J'::. I "']j I UIJ~. I ~ " .,/z )I.M I J .. I , l,/J.lO .I' I I -:- J 1.0 IJ I ;.. n " .." 'Il.. ' " ~ J.??~' 6!"il~f1l~ul~~,:; I f:/::>>",/::, ,\-,\.1'1.11<1",1.2,/.1,1. ~i""1 A+ ' I ' I, I . , f '~ . ,. '" '.::-- '1'" I, "I :<'-' ~ ('I,Z3)141)IO~O()lli'jlml =:,.r:- ,- , -,::;., Zl~'€.W ~ ZI ~'l:.....:.. ' I 21' . ,~.. ~.. I '9llrP/~ 11411J!12111!IO! 1: ",_' l 2 ,'. J ""---.,-a '" -. .' ~ L.~.u(':-'3' I"~'", ",',' I J 2 ' ~ ~J'!'i'I""rE:S'!'I,,!:', ;,.;. 1lY",'y "-', ,- I f ~ c5r~']!'Z~;;ort- :;,:fr gf;;]T"~ ~\: ~~ I ' E' LUNfJ ~~~"" "" ,err :;':~ " , ~/"_:~"" \" ,,L. 2 ...,21 IT ,~I;;;; ....t' . ,,~ .. L / ~ ~~ 4!'!l912QZ'Q::::Z]~~I~ .... I '... I I : 11'1". :^,~2i ~I~"("~'"'~ } ~~\~2':~~ f~ ."~"!2~.~'1'v~~ : 'EVERGI ~EN ~,~ I !7i~<:i1 v: I" 1'1>1"'1""'1':']'\ ~'F,'. o_____~ r-: '<., t;;:~2r.t1'1l>Cll---+--", , , ~H, r~, E~PE..'<l : ,,~,.{- 'I' '/,'1'1'1'1'" ~ 6 ~ UI::.~!131~\IO~1~ I ,:',~ 14 TM ..... ; 6 ,} I .....~ r ~:~~I,.I/. ':':"~~':"'~Js', : ESTA ES I~I 101'1'>:'\'''''' : :!,:- "flARTrtEL ! ',~ ,~r-, : ~"" %~" ~ "E:~r.A..[f~-Z" ~ ""':~~ / OuTl.OT A I ~'I II,.;:"~" .... Couo'Y 01""', No57 I '. I . iF ".. I .... \ ' ' : I ~ ,f-,' r;- UJ.>ll~J~ Ii~ : ~- '1 ' '~1 c- :-1-' ~:~ 1 TYI'ts'T,A,~r~r:" I/~' Li } J,II II ~rr I. rl .: __ ~ :' + .' " 'I I I Ii} " , 'l'IJI1t' . y;,r:;.: c E~SIOE I I I I :' V I " } ~"'1;?--rT ESTATES - - Vv I '3 "',, oun"" 'I I I < ' . '0'; ~~~ ~" I _ i::v i /rl / I , ~ ~ r:~ ~ ~'C) , t V V I ' v.S-.ow, U "'-I'" v', '. I I ~NCJa~""" ~ uJoVE, . , I / 1Jf'~ ~~ it )>A!I ',~...." I ~ i ~ tQj;i0. . ~''''''-N~'-" }ICI' '''r'I".''~ I ," ~ tti ~ N-' I. L' , ''''.... "<... ./ ~ IS ~~;~~~dn;m'~:'P"DPjJl"60'1 ::"'(.0." I rffi)i;~ ~~ ~IJ?{' 'KE/istN67Ef, ~,.t'<,:~ I ~"IJ%jY;{ }5'1'1~1~'.I~I:I.i" :~~~ I ~,~~, ~ I HILLS 7/.'!!:o7,,0:-... ~ I ~ -'/ ,fWJ.ia.\ . ~15T:"I~fy I ' :::"_'.'_ D. / / r/:-<,,, ..., ""'ONkE.~', ''AXE I ~Iffi"~ ,'/'I"'I~oPI;;oNJ21,ij\ 1 ,",:.L'/' 5'0 'I. ~ .I,!.! 'P:..;;;,:; .../~x_':." ~ j'\' ", :1:) vjJ!!7e'Y"Bl ; ,,' ~"I' ',: :. '~,,' ? ^ /J ' , 't~' '~.... '+I'I%>~ I '2,!.!,I, : <:'-. Y-L--- '..':~ "-/'I.?;P."'~:i: r;-'~;<l;0q;-,':;- I ,I ~ ,!,,+I' =~. 'I?~~[A t;Q,cn~~~ ~ r;- I ; I ".' ~ , f-;- ~~''7/2. .I,(~ -'J;. I ~ > ,7.3,/,' HI' , , ,I, 7; ~ ~~{. 3 ;rd!-;-r7.t7: +Jr: ")1;:) 1<.1';' f:!... I :: :, V{ 7 t:-\;~:l. /': ~: ~, ~ ~/-" ' I " I 6 "', "" "I. ~::..~:." ~ (..#rl~;;;"l'~I~~Ei1. mm__~m__ ',' ";'~;~ V/ t ~< 1-/'-:1';[7,'- -;-r~'Ar;; t-;- I ,: \ BUN '~Q'.~ ~ \ ~"'."IJ~I.e' r;t::: ~j'H-:)fb/J;r:; ~/) I '5 ~f.;;;m.;;. , ,--~ RE' 'r<. ' ,,' ": . H~~.L-':I; - r;- : ~ I CB.~~. '~'r!~""~""" :--".'" 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" t2,rl. ~:v 1-, ~-'- / i ~--- , [ / I " m' , ,- '" Tl_EGI__V00893i~Jl_)j~27?1 SlOb _ i""! i"-l '.., "/F ~ '=?' 1 I I<E:::\/;: (]:L U 12~:'71 :. t.: C;': ~::;.. ... __. .,.. ::2 ~-~ ..... ~;:, ~....i LJ in) ':::' ,- LEG~L DES[:~~lr-rI[:):',I; El/~2 CF Wl/2 OF NW1/4 O~= THA-r PR1' OF El/2 OF Wl/2 GF NLY OF~ C/L_ OF ANOKA L~U C::F:EE~<};; t:::>: f-:;.~I) ~ c. t i .!~ T T r-; ::::' i..'_ ,=. r:- ....."_.~_,._. 1'_' ,-_l'.__';._ l' .J..i. 1,;:, .~ ...,-' .l.... ",,1 ... i :21 .~,-:" ..:.~ :::J FUNC; ceNT I r'.~UE ( >:) ~ r--!ES::::A(3E: / , l DATt~: .' '-'., -. _. ; --I '_.l ~.:~:~:~;:;: C!Vii'.:;:~F:': :.,.:L I L. ~.::;::>.t1...:i:'::";.:.1 I !.....J .-:-i.:-;_.; -._'~-'.:..' :=; I,~j 'j --'- - " .~~:;: t_.: ':::' D I ,.:- fOO" i'-;'..J :~:;..... I c.: r:- .3 t '.._~ 1 1,-' ll_: 1--:' 14 1 ,~, l'3 ; i ~'--' ,-, ..1 ~:.... '.::. .Ld .~]-; ,--'c' h'l::t-. :3UP: :~:. ~; l._ L I E'~ i-';':..::. ~.. f:: _. ;-, -:. j: c:;,) :~~~~:~...=----~ .rc,=:c:,,/ .; '~.. L' -','..';"'-i I'.. ! ..'\.."._'I.'! L_.' __ .,..... C" ,.-,.c:, ~ I ~_r'1! ....2 {~, ,- '" -rt_EGLVOQ~3935JljN27()1 ~!!..lA _ !::. U {.'t ~:'!(:CT: ! '\ J r:::L:':.Y' ~ (] 1 07'7(::,':)2 .' .i~ ,_.;','_..' :7":'"1- "';-,-:' \.": !'-I :.-, ~_i' .. - -, .-. .-. hM.". (I '-"._'.:..' i :L 1 :::;: 1 ~5 ~ -:- J. .' ";:"-' .-;.1'= 27 'cq .y F:. ; ."? _~ LE(3::::jl_ r.~F':~':::''''':F:. I r;:'-';' I C:::~...! 1 TH!::1T F'::~:'T CJ;::~ >J:i. /~~:: r-'e::' 1',1 ~ R24 !_Y8 i~LY ~JF C/1_ OF i:jJ CF~~EEr-::::< ?:: , ..."..... __ j. i_'.~: ,.--, \: ._';"_ 1 "JF i-..-i ..;- ,:~, '-~ E:Pi~3E:: CJF r-~-:=:c: FLJi\jC: CCl".~T I i....~UE ( >< ) : f~~E~::;PiGE : ) " j D(;Tf~: E: ; ..1 ~=1 ;:..EC~ fJ~"":!".lEf-: ~ f~:f::~, I !'..jTf~:E:E f~:EI::::!_T"r" \.1 j: ~:: ~\J ::;EC~, I 1'-~C LE3i~L DE~3(:?~.P-T.i(JN Wl:~_ ~]F ~;~Jl/4 o!.~ SEe 26 :1. D I .rei...! l....PJ '_:;~7 i: r:\1<{:':j C::CCH'.,~ r'. (.. fM! .(11~;:~r'::t::~=:i:'-:; ~... .tD 12 14 ; L J.'-_' iC:' '~.-:'n ..:....::- 2"+ ~L "':""'-, .-.,,-, ":":'i.:J " , E;UB; F-:L:> :; '::, ~ ! .~:{ T r i-=:: .r~:.~.~ \{~AF\ ~ 9 ::. (E. , ) ,. / '\, / '" '" ',' July 9, 1991 Mr James Schrantz City Administrator City of Andover 1685 NW Crosstown Blvd. Andover, MN 55304 Dear Mr. Schrantz, We respectively request that the City of Andover include the 85 acres of land identified on the attached map in its MUSA line application. This area is able to be serviced by gravity flow from the present Andover sewer trunk lines. We appreciate your consideration of this matter. Sincerely, 'hw~~ 'f!A/ul aJ M--cU~d Jerry Windschitl Carol Windschitl \ ) ,,' I :;; ~ ~ ~ C % ; ~ % ~ ~ ... ~ ~ % ~ ~ ~ ~ ~ % ~ . z ~ % ~ ~ . ~ % ~ % ; . ~ ... ~ ~ c ~ z ~ . ~ ~ ~ % % ... % . % ~ % . Z % ~ ~ . ... . ~ % . ~ " / J .I " / .- '" Ju 1 y 9, 1 991 Mr James Schrantz City Administrator City of Andover 1685 NW Crosstown Blvd. Andover, MN 55304 Dear Mr. Schrantz, We respectively request that the City of Andover include the 60 acres of land identified on the attached map in the MUSA line application. Part of this area can be serviced by gravity flow from the present Andover sewer trunk lines. We appreciate your consideration of this matter. Sincerely, .---. . " ~C./ ~-Z/ "UA.W a)VNV~ Jerry Windschitl Carol Windschitl l I l. III I I I I III I I -(\ f}l. l-r~ 1 -' ,. on"~ ~ , .1 n . T\-.J-.-t- i , --- ,~:c-' L- L: ~ ;:::'~- ! ~,l' co- ! C; Vl-~" -=:r '.l ~ ,:- i ~ I-j :.H"':' H'1' - ~'~' I":II~'==<' ~s11 ~..<~ I ~ ( t g I~' ~ J~~'~~H. I < I "^,,,,0~. ~ <,. . :.;'::-'<> L , .. . r .. '~^'~~ '=:J \ ,\ . ::,' 'A"\" .,"~~ ! \. ,,;=<.' . '. =:~~~ ~I..'.' :;-.. , L ~\ .l.J<KAmHWY.R1".Ot'" ~ ' ' ~ llJ' ,:', r ,(;r --c::::::rp'..-'r "",. :::' ; ~ ~. '\ - p~' ! , ' . " '" = & . ' r ",- \. ' (~\ : ~ . ~~ . ~) ':..._' .-' <.ii'- --->--- I 't> -% '-- ~.. ~ \ I I (..'nn \\ 1 in....n. , I c '- / ,/ I 1 "- ~ f b.. '/ T --1--- "h \2f" I - ,~~ I ~ ~ 'F-J-- ~ ,F- , -I- '~ ~ : ls_ , " , i If I: 11 I' , r tl~/ i {/ i ~~ 1 "', ~,I' IT, ! - ~ ! ~,~~~,I ~:~I"\"':::[' : ~~~'''l:; .y: , ~;-;-1 pq::=J ;"';';:l'::i~'9;::" " -:~~-::::].. --1---------- II- : \\t~, I : --- L I~TJ~D~.. 0 ~'U "' '~'I!Olj .s ~~ i L ,b: ,C)' -3:' ' ~ !r--- - - .. ...---,- U '" ! - g J. . . 1', :~- -1- :~ ' 7 ~ ~ j~~ J t 1---- i ' ~ I-h I · iil p- I l" .:_...~-.-.: n,. _ _u__:.:.:+.::______m__ ____un _____ i T ~ I ,(:'}:l'" .-Ir." "';""-"'" flr:-,----~--i- : mIJ. (.;.ff' -.' --'-:-.., I "I'-.r;r.r.'~ -i,i . - ::.. om. I ...;:r:r: : :'. - ~ . I" . . ' !;.~ ...' ',.' ~ I ~o....~ ~ .... -~::c "!irl~l .W.(~:; l1:," "r.ll..~. .:a~ .;.~~)-' . '-:':~ ! .. - ~~," I "i .--::" ," ",', I ., , " I / II ,1 II / " ~"'., ---.~ I 7 I (fT :: 1_<\ ~~ / I T ~-;~i ,e- T ~ _~ ( ,/ =l:--L I _ ~a I) I j' ..J / 'l~ , .....,.., //~: 1 m~T~;~MA2-~~ -, L,-,_~~~T,,,. : u-P , ..- ;.~Ll : _ ' I r ~ : I '-- n ~ ; :- r~ ' ~--' , ,-y~~ ' II f - - I I ~' ;; I ~ ~" I ----1-- I I I I I . ~1./ _~ i!"::: t.. ~.. 1;! ~ ..UI .., ~ ./ :'-,~... ~" ,/ - I / \ \I ;- T- - " =..:.:... ......... - - I I -, -- ~-- -- j ''. " '\ ) '\ ) ,- '" " September 3, 1991 Mr James Schrantz City Administrator City of Andover 1685 NW Crosstown Blvd. Andover, MN 55304 Dear Mr. Schrantz, We respectively request that the City of Andover include the 17~ acres of land identified on the attached map in its MUSA line application. This area is able to be serviced by gravity flow from the present Andover sewer trunk lines. We appreciate your consideration of this matter. Sincerely, ~U-~ ~w~dd Jerry Windschitl Carol Windschitl 14 1-+ 13~ " m f-1- ~ ~ ~ ~ :"EE~a ~ Ji~5I' 7 '" J., ~ j,; ,3iauf-!\. ~ ~ 12 ~ -.; ~ J ~IO l] 3 r-k ,t;~~~ ~'~:':' '~rf. ~6.J7 irsFlJDgE~ . ~I~. W $rl~p;~ + ~~Sl II 10 -7 ""/a 7 :.f..tl' 'I'I:','!, ," ' ~' 6;i;fII'llrl.;SECOHD I' 9 ......7,AI , ~-Bjl~~llOf 10 .. ". It I rrr-;::;. ..2!, ~i3!-' "~41$..!.:r7;T;1.~ 2;. ~lep7 lettOO; . t 13 ~1/r2.' I ;"IIJtI2 ~llOpQ; 3!~1O 'l'I~I'JAu !,J.....,1:i:i '.i)!0ii~'~ i ~'9J2i};; I~ I .I I ~ "j,T.Jf j' I I .":-;-.{~' ,H(L.LS' ~ ~ 13t. Q21,1,l.."''--; I I . :- 13 4~, _J.-,: II: ,~'7io" "-LII"1I..1\' II: ""... r;... " " ,il I ,[ I ~_,_:/ J. t' '~/K /' .- " ~' "'~ ',: II: I 'l..Ul"'~ ~,,!'E,e,f jf--L_____ 1UNK1'Ii'~ ~Y':'>! 'r.o 1 I ~""~"'f :~~~~, ..!,..Il I ~ I c.'17M) ~''i.'>-r.J -; ~ I ~1'4rI3/1'2~IV V.-:;...< ",! ~' I A0Z\13 , u R' ,:<[ 2O'~ '~'.~ 2,NP~ ~ I " 0 ~ :-:---, -" J . .. i":'tZ TI.'.l.'2,~L, I , ~l' ~ "r= ,'\ADD . A ..l,l' 24 ""':0116 . _ ~..l'f: ~ I :, ~ ~! i r~ CDu/OtTY STATt ...0 ...n. -=-- I " I " !~r---"- 'I -----, f:Li -- v //Jf k~/ /1 /;1 ~T.""#i I I I : " 1 I '" t '~ 4~ : ~ " ~. ~.: { ) I .: \ 14" 1..-' "'" :" '.1'1) :.....l_.D 1 BARNES.-, ROLf'- .~~ iF..,. 1M'" ,". ., 10 $'" <f ~.. i';" :' ~ OAKS 'ND~'~i0.2' ;'u,n-'--l-L- :~ I > .-r'.... I , . ) 16 ,,;;t V " .< , ;:/' i I ,,/, $ /'? '- , Ii ,/I I ) . II,' I '.., I~- , 1 , 016 I :1 II ~ II \ : 'J ! II j -~ - - , il/ ,I JI , L y ::::--... -'" --::::::; :,&C....:w- BUNKE~ LAKE III ...J'~'I Yo ~..>-~ ~<:"</- .yo" ____ ~G' ~ -~-n ;- . .IS' , _ Of-=-- I ~ 0 ~ -I . ------------I ~ ~ 1------------ - 'LJis . ~ I I , I I I I I ~. 1- --I"- ,- .. - '- , I . ROLLING t--/ ~ " i~AI: . f, ; I : 2 311 5 I AUDIOR'S :1 j 6 : ~UBIDI ISlor ---1--7 >tl NO. 141 - -0' ., I ~ 7 ------ r--- '=' '. 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'''' "1' ,'" I I 0.... , ~ , , , ,~ ~, . , , ' , \~ ~~ ~~ , , " ., ~~ "< ~~ ~~ ,< " .. ~ '+-i-.,' ':s-.'pY:0't):Q~ti' b CI(" J(6 P V('O:S- Q (( c. ~- A- lcf. ( -f:- iJ ~ to "'/O~/ r, ""f"I.U\\,-rv c- .,';-- \f'~\l-'C ---. r-.~'-~"- - ' ..... .....................~..\_L~.. ._..'r":'._.v,~.. ..~.~.L.~.....~~J r~ A .:;~:.#~::; : ',' ~ ..- 'o.J '- V 'J'_ ,-' ~ './ .^....." = ~ 'S' ~,~-' /": '=- r:: ~...,... ~ r"'.t r;:=.:. ....'"' M -..-,....1. i i... ,....... . ...1._....... ..,......f...LL .A..,.-.' .:t..........L,..l.rtl.\.~.o:-....I....._'..!..C;...;,~.:- .....~ ;~_....I,,::::J'_j ,__......\.JJ,.l..., . 1"...;)1\.3, D.v.::;or. :v1ar.acer. P:,or'<::l;t'j qe~""orcs 2nd Tax~";on ........, ""';:>-'--"7'"" ,"'" ...,-'-.'1-.--........'-....... .\ ~ .""oJ .. I. :"l. I -:-~ _ "",/ r';:"~/ ~:'j I :.....-;"~-?,_:'r;;_-,~ :uj'!..,...... O I I ,= ':::'.v.'/ ~ 0 r .:) ':1 ! .' f..:. L.J ;- ::; =. I..., 1 '\v;;er: S:JNSTEBY ?,n~:=:_~,fo. ?9 T'""l..... "'l r -........ -' _ .:.,L, 2:.:..-'.: :::/ 7i-!~ T ;-';,: P:N: R2S 32 24 23 OC!~3 01073753 D=SC .~S i=CJ~: 3::C: Mi 5~ CJ:~ I axo, a'.'Si: , I J O\'\fre;..Cont;&c~ ?:..:....Cl~;2.S2:r SJNST~5Y ROSELLA {-~3i - i(~,S~ ~V=- :-!',;,! ~~:CCV~~, ~~~ S~204 9'~,:;'9 SO~STE3Y ~CS~~L~ ~: : :: 1 ~.:.~:: ~ ;. '.' :. ; .;~J ,} i'.:. J 'j = ~ ~ ;\i 1\ S S 2 0 ~ ----~------ , -,-- , / ..... ... \ / if/) (-c( & ?'-~ '- ~A/V / ~~I~- " I ~ ~ I U , , I II I \ t I ANO~V-€R~~ _ . _ r . , ~: rES;'I' .' " w , '4i:" ': \ 5' , I, I ;) - " ----- , f - ;~ ~ ~ , I~Ai?s €S " ,4 4 \. I , 7 " : , '_/I~ '.,...' , ,,: I "lOll>bl:, _ C ''ST ~"Ep..,. 2' J;-. - ~of:~: _ d , "?llq: ...ti9 ~, # ,,., ,I. " .._ 1~~~i. 'u ,L;u;~~'~~~~.~~~;~~tji ~f.]'W -.:J. I, ~ . ", ==-i. ' ~ : '4 --j ~ ~ II' " , .41, I ,18. 3' I 'w ~ '- '"I I Z:J..., J 4 1___ ...,... T" "'"' , I ' i :.1,..' : ~ .: ',6' ,; r-T-', I."i, . , ~ ~'/~': 7.1!:;:"0~~~ ,"h! :" .,~u:.: . " " ~ HN'SO~;S, ~m?r.. '~" 1'01'" ?~ '" iW ..' I' ~ ., . 0 "...' '0 (,ss N >.-- /.. } 1..';- ,L r ' I -' ~l, ' ~" '-r. \ " ~~ 0' -r..t o. '('~ f. "I" :::i'~ ~ --t, ~.l!!..~, ""'~"';;1oo\7~ jgV;i/y",wCc,~ ~ J::' 1-::, A h . o~, Z' ~r-"... ..~', ~.." ';,'; r:' ~ Z z8 z t ~ ~ I I ./ v 1<"'_ ' UJiilz..61Mz-, 14 9" I ,;? :,:) "~.,. I~ /. J$ctj/. '" . ::J-7,!- li~' J. 0; \\ /r?'= 1514 It!~ / ~;:: \ /, ~, .tJ~r~ F--;- ~ ~1""~'1., i'~ ~Ir- j- g!: /' ~ [jK. '" " " ""-., . .-, I~ , , '~I . 1'0 AL +'re ~-s ~~~~L" .Ll.NG!<A GO. ~ ~ 'oEHN'<;!- 'z ~ 1jr,---, '7. 'I .' - -- "b ~.. ~ 'IMR,;i,-' ~YI : I ,,' ~7 ~~. liB.' I Ie N.......~ '. ., Of I" ~: r"'o~ I : DEH.VS.2NI./AOO,li ,o.,'(t .. "13: II---J, ' " '.',;", .;.,, ~ \ . I ~r:~, . 0,1- 1"" If- . g\. I )4~~JIl,l;-_ L...-"-1v '-- .". L..-..' / J ; )jt ) I 751"1" ilfil__ I . '.",. .., ," ROUNL LAKE COUNiY ROAD I I Nt}, 1/6 ; - ~ t+ -j;iP, J l'I......oLEc,/" .I.~:-DO:-......: " '" : v;A - . ' /2No'I';'I'.loa'l'1- I -:- V%,k... .9' ."'"~, ~~q&;. .., .w ~~ 1 Y/1tr:-' 'CUlcKSTROAiI'!'! ~ "" I - ~(qN.. +H "/ I "s"I'I'I',,!, /1'd! ~I~ ; ~~ ' 'i".!'I'I'} ~ -&-,5. ia7\. -. II j' mi..'; 11; ~ :: ii ,,"= " , 2,\, of" Ji!Lz.:;;:;: ~ ,~8 '. ,1'/' . >oJ T" /,l m' ~ ~ . ~ ~ ~~ ~,.!.1'L.tl: -1-1" 'I.. 'l'I'r., F1J.~ ~ ~ <> :'" . - -I' , ~,~-;- ., , . ....!.. ff I "'':::m:: "1+-. -- r.QtE'''=' . '" -;- ~R..G~~. 'il" 'I' ~~ ,: " t;"t ;?:: ",,". 3 'l.'" H...< .....1../ .'\:;;\.. . )~~u ~'V~'J;-,;J;l'.~ 7 ~ , 4 , - --.. ;t j"'; V..,. U',.&.:C, ,;.. 5 ."7 . _ \ I ~ ~ .. . . l' r;r;l" '\ ~ CI) . .. . .. _1_.'" j L..1'" "I" " 'r_.'.7lo l.. . I loll. "".. \ "'~1,,>> _ l' ~ . , ... ... I :.~ ~ . ; : : : ; : : . z ~. ~~F . ~ j~ ~ , . .' .4;- .. "' j ~-; I.J: , l.l II ~ .,.. p: .J c Cl: . lo .,.. ~ .. ~ .... "'" ~ I:lt= ~, " WC", ~ ~ 0lL11 z I ... (J a. ADD1TION I 811"". l'..!'".r (4~ ::J "1 I"IIST .....t "'... OVER 8(~ ". . c '\ , ) J. VWTAG[ C:C1.I\'T ,::,., I 1 ~ 0Jurct' I . . ,~ 'JU1,~,"'J'; I~ 'dHAPJ~; I ~ ., .~r_,1!!/I.!o1'!1, ~r/l, ll.: '!,;,.I';':;~ R cJ,:.~ ~:..'~ J ~ "lff~T('?r/lllrJir1.~'~'1 J 1.)'-' ~, - ..~ .- .- TONY EMMERICH HOMES / March 11, 1993 Honorable Mayor City Council City Staff Hills Inc. owns approximately 77 acres directly East of the existing Hills Development, see attached map. We respectfully request your consideration and help in securing MUSA line expansion into that area. I will be bringing in my sketch plan for your review very soon, as we are extremely short of lot inventory. Your help will be greatly appreciated. , I j " ) 2619 Coon Rapids Blvd., Suite 101, Coon Rapids, MN 55433 Tf: ... ----. >' '" \ ,~', \. ,> EXFHBJT E" ~ . , ~~... .l,~ " ,. '. IONS ~~'. _.',..... .... r. .:-. _ _c. .:"_':=_=:' ::a.a.M.1JI" . ,I ._ 4-:';' _",--. .:> , , \ ) i::". .-:-:!:; I: "'" 'i"l ~:.' .? ~r II ., :l '/' " , ' ..~J. ~ ......./.:.-:.'r.~-~, "L~f131' "" I ., :-... .~. ',~~' = :- . ...:.~. : .:.; .'~.:-::1.: ~ ..;.-:....~ ., - AC~ES- I; .-c,:,,~(. ~."""'..._ r.::; ~.:.' . == --.' ~ .-:. ~.:. . "'" ". ~ -----1 '-- MLS ~ Custom Built Homes Residential Real Estate / " 'I' Mr.' Dave Carlberg, City Planner Andover City Hall 1685 NW Crosstown Boulevard Andover, MN 55304 ~E CEll/E.%) MAY 2 CITy 4 7993 OFAN DOVeR May 19, 1993 Dear Mr. Carlberg, , ) As I requested once before, I am again requesting for the M.U.S.A. line to include my property at the southeast corner of Hanson and Andover Boulevards. The sewer and water runs through my property now and I was very disappointed that my property described above was not included in the M.U.S.A. line last fall. I feel it was very unfair to allow other parcels without sewer and water within their confines to be part of the M.U.S.A. line and to by-pass my property with sewer and water already in place, knowing I will be assessed for it. At this time, I am asking you to please consider my request and would like to be notified of your decision and would also like to be told when the next hearing will take place. Thank you, Sincerely, /~~<C~~ Ronald E. Smith Raintree Realty, Inc. RES/lp -, j Raintree Realty, Inc, 11925 Highway 65 N.E. Blaine, MN 55434 (612)755-7750 I r~~ ~ " : I :~ : I : I I I I , 16 /If " J 1)5 rz;:;-r. IJ6 <- ANDOVER ; 1 W ~ H J7 ELEMENTARY I I of .. I , f~ U )1 M \- SCHOOl. rl~~1O nJO,,\ :~ ' ~~.!.: ~'~" I V ,~ 281., , ~~,. 6191'01 "flL- ,",?UI<,r rq 1",\.!7!'lId.!,!.l,!.,d. "0/" ',1" ,', . ~)" I. l. "-W ~ ,-r"I! Ii 'q'W' '~,:""!O~O:oel' f'i'- ~'- l ~~W:"'-T-+- 21 fl, I I :z I I io< r--::.. llztll h'~;~I13IIZjllIiO ~ ...:, 2 2 I 3.. , J .. '~I ,,,"ft_ _, .. ~:,Lf ~~~ 1'!IO!lIiI1!,~ [ , ~ "'I"."r~S'" L. 0:':;1 ,,', = " LUW.' I~ ~ .:j-I,l51,'f,,,,:.J;;i1O I+- ~',.~ ';;;-;..;--<'. 17.J.1' I"i'- ~ .. '\ I'L 2 ''''21 I TH, _ t?- ~:.7 r':"'3'./~.~tO :2' ::t \ ~ ~I~ 1912q21~ZfZ] " "'; 8 "I' ,~~~~ S,. ----r i.7T~" Ja I I8~ ~I~ 4\ltzll fT.!r ~:j ~ ~ ~ 1'12NC(V5~:., ;_"':-"<. 9Z_.J f!!::)tIf~I6'~nO: '......... "-..A ~, 'f'tgRG; -;:EN ~i ~>.: ' 6:~ U: ",',I"'I'I""""'!'!'j.T\"." .C" .... ~~2i'- ~~}---i- ,.. ~ . <I l,-;y~~~~ : ci:~~(4: ~!'-!..,$~:IJ ,i, 'E'5TA[ES7~ II'r'~~ : ~',~~ll:4RTf'!ll','S!' ~J. ' . ' : ~'~." ~~~r1[~~'p.1 .....~ ~ OUTI.OT A ..' ,. '-;t A" HYI J: Cct.inty Direh No.57 I <f ~~W I =;1 ,./,;, I I <f Ii I --\ 6 I :! ..::.. JlJ.":'" ~r U,JJJJJJ 11 '- ~ '1 ! , : mmb -;; ZI-Z ~ ~ TrI't.rf~ffr" y;~' "II i II grr I C" :~7t!%1 -;;-g~ ~~ "'.""u ,," ~'I' ",,~'r)-r-""";~:"Elf~OE. :. II I ',' I:' I;" l '3 JZ II ~~tt :~61~ ,S- ~ E~~~ . - : pi./'/-" I I~ 10 T ~~o ~ JC6 J I t <' '. 1!! I''r R'~ r!. I 1 V/-" _ 202'>>$ ~J I I ~ ;.;'01" '~("";:"'~ 111'~~, : '-- : I f ~~~~~~~ ~V' " II : <~ : Y, ~'.~i)..0-~ j~~jlKS:;~ ~ ~,;, V : ~' , At ./' \i\' ' ."'" 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" J , " I.."\. )O',O\/J ~ 1'1'1' 1'1' 11" '" " ',' I '" I I I I I I I I I 1 I I I I~ - I ~ !. .L \ J t2i~ ~~ , { t I,':" 1_________ >'.' , ',;'r/ I 1"' , ~,~ t fi [;f a; .Jlg\\\\\r6 ~ f 7 ~ ~i~;'Z I:L I L I I' 1~/fS.!j. , 1 :,7143 ~:i\':L. ~ ~ ~_. ),.... ,. "r~rJi' ~ , no .. ~ '-40.- '-.\(11~'I: I ....l_~.... , p1":);~::-~b~,: I I :-7' " J , ) '\ J >' >' ,,' .,,~ ~= ,('>.,;.;: ".,'." ~i !l '" .. ik ~ \' '!. D ~ ,~ 'Y'" ~bf ~ ~.:. l'~ j " N ,. .... ......;, I .: nr:;:;~1~93]: ' ----coo_.._ ',' CITY OF ,"-ir'!f:'O\'':R Ma y 20, 1 993 Mr. Dave Carlberg City Planner City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Dear Mr. Carlberg, We respectively request that the City of Andover include the 60 acres of land identified on the attached map in its MUSA line extension. This property is located in sections 21 & 22. This area is able to be served by gravity flow from the present Andover sewer trunk lines. We appreciate your consideration of this matter. Sincerely, C1J_ ~ ' r;;;,r. tv. 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Ji::"'~'~'~~' '--G::';r"~V';:,;i2::;t ,~',,':"--m'~:;i.:::. :'1: .,' ~ ~ .... ~"i i ;1 ,1". ~ ~ ?L Ii ' 1'1' 'J \:,' -v.'I " .' ~ c juu_ c.'\\\!"'''''.... .", ,,'>! ;if I ' "~.. . " :~i:J! --, 'i ~f': ~ ~ '\ ,.,,"''lii'l Yu r-]~ 1~;~~:~~=lK tL .'In ' . no .~I~JJ.~."".-=-~.~ ',:,!"fl.. ,(', ,::,} I ~ ' 'h"" . ..' . L:':'-" [,I .'(,7--. . w". , ~ ., 'I r , ' !;:) ~../ ' :.' ' Iv " :c , I ' ' ".:7 . ,.~cClf~' 1 ll~:~ .',\,.-:, ~01~ , , ' !'llw\:~ ~~. f~ 1 ~ I: :}j}~'t~ .~:~:'. t?Jc, : ~:ti ' ' ~~ co I' ~ .b .4 . .'1. ., . ^ 1 I "' ' " , .__: . nL : I'. .. .,..."~"" '! ~ x~ _ ";c=,,:~_..~.: L:,,:.L~,: ), ,"""10" ; I" I:, ,J', l" i _' ...11.... ~(mf~~.,. 0' .I.~OO'll" . I . It. 1;,..1.1 l t.l<.i -- ..:,. :, I. ,:\'" ~~..;.:.:.:.: ' i. u " ().J N ,'" ~~0..."~)'~'~" ~ :::.?l-':\;,\ ~"";"',:... ...L (0 (0 01 ) t.) o o o - " "'0 C OJ r, - () - - z en -i - -i . ...L. (0 (0 o ) ...L' (0 (0 01 z o -i en. m :0 < - () m )> OJ .r m o o ~ ~ - z en - . - z o c en -i . )> )> :0 m )> )> o o m o .~~ '. ~, 'cn~' m~ ~~ C mO C :D< .m en:D --' m :DC) =::0 r- C)~ m1J'~-:' )>~,\\ J]:I: mm )>Z ~'.'" -en ..' s:- : . <: c,m ,. . cn-c .r------ ;t>)> 1: -Z ,', :Dc: m1J :50 ~~-' Om .~.. \ , " '.' ;ij ..:::--~::- ~i"'t'" , " I 1 :.,iio , : ------...............~. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 AGENDA ~. SECTION Discussion ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM ~. Planning ~ Lc- BY: ATV/Snowmobile Ordinance Discussion David L. Carlberg City planner &. The City Council on January 19, 1993, discussed Ordinance No. 87, ATV/Snowmobile Ordinance in regard to the operation of all terrain vehicles. During the discussion, snowmobile regulations were also discussed due to the increased number of complaints. The majority of the discussion centered around the enforcement of the Ordinance. The Council directed the Planning and zoning Commission to look at the possibility of strengthening the Ordinance regulating snowmobiles. The Council also directed the Commission to hold discussions with interested parties such as snowmobile clubs and report to the Council in June of 1993. ; Attached are the minutes from the January 19, 1993 meeting for Council review. The Planning and zoning Commission on May 25, 1993, discussed the regulation of snowmobiles within the City of Andover due to the escalated complaints and problems with snowmobiles this past winter as directed by the City Council. The Commission in their review recommends, at this time, that no changes be made to the Ordinance and that the situation be monitored one more year. The Commission found that with the media coverage and the City publishing regulations in the City's newsletter the number of complaints were reduced. The Council should consult the May 25, 1993 planning and zoning Commission minutes for further review of the discussions on snowmobiles conducted at the meeting. MOTION BY: TO: Regular Andover City Council Meeting Minutes - January 19, 1993 ) Page 4 (Comprehensive Plan Discussion, Continued) because of the Council's position of generally opposing development and improvements in the northern portion of the Metropolitan area, The Northern Metro Mayors' Association has approached the City to join them, which is an item he will be bringing to the Council shortly. The Council generally did not have a problem with Staff attending the meetings nor with providing all available data which has been compiled on the subject. But they noted a tremendous amount of money has already been spent in various studies and opposed the City being held hostage to another study. It was pointed out that the City does not have the financial resources nor does it have any authority over a state highway. In addition, lOO acres of development will provide lots for a year or so, and this project is expected to take years. The Council did not have a problem with changing the on-site septic system ordinance as requested by the Metropolitan Council. It was suggested that at this point the only alternative may be legal recourse or help from the State Legislature. Council agreed to table the item pending receipt of further information on the course of action to be taken by the Northern Metro Mayors' Association. MOTION by Perry, Seconded by Jacobson, to table this discussion until , J after the next meeting of the Northern Metro Mayor's Association, and it will be placed back on the next Council meeting agenda with a report from that meeting as to what possible recourse the communities have. Motion carried unanimously. ATV ORDINANCE DISCUSSION Mayor McKelvey explained the Planning Commission recommended no change regarding ATV's in the current ATV/Snowmobile Ordinance; however, it strongly recommended creating greater restrictions on snowmobile usage within the City. Several Councilmembers noted an increased number of calls regarding snowmobiles from all areas of the City, especially about the destruction on private property. Attorney Hawkins felt the problem is the enforcement of the ordinance, not the ordinance itself, There was some discussion on the problems of enforcing the ordinance. It was suggested that the next step would be to prohibit snowmobile use in the City if the problems cannot be corrected. Mr. Haas stated he has talked to the county about bringing their snowmobile unit into the City to saturate the area. They will put Andover high on their list to patrol. Councilmember Perry suggested the snowmobile clubs be contacted regarding the problems with snowmobile usage; and inform them that either the problems be corrected or their usage will have to be prohibited, as the situation has gone beyond what people can tolerate. / MOTION by Jacobson, Seconded by Perry, that the City Council concurs with the findings and recommendations of the Planning Commission, that no changes be made in the ATV Ordinance at this time. Motion carried unanimously. ,,~ Regular Andover City Council Meeting Minutes - January 19, 1993 ) Page 5 (Comprehensive Plan Discussion, Continued) MOTION by Jacobson, Seconded by Knight, to suggest to the Planning and Zoning Commission to see if the saturation helps; but have the issue of strengthening the Snowmobile Ordinance on the Planning and zoning Commission agenda some time prior to June of 1993 and ask them to hold public hearings and have input from snowmobile clubs, individuals, whomever is interested. At that time, during the summer, let the Council know if they feel there needs to be a strengthening of the ordinance or if the saturation has done its job and there doesn't need to be anything done. Corne back with a recommendation early enough so it can be implemented in the fall so no one is surprised when the snow falls if they have to do something that is different. DISCUSSION: Ralph Anderson, 3183 l40th Avenue - has made numerous calls to the Sheriff's office this year about snowmobiles, One of the Officers said they have two sleds available, which he didn't think would be adequate to saturate the area and correct the problem. He also didn't feel the snowmobile clubs could do anything since most of the problems are caused by young children or teens who do not belong to the clubs, Another problem he found was that the Officers are not familiar with Andover's ordinance. Every Officer he talked to suggested snowmobiles be banned from the City as they cannot enforce the ordinance. If they are banned, / the Officers can stop them anywhere and tag them. Douq Inqstrom, 166th Avenue - is a snowmobiler. He stated part of the problem is the ordinance explanation of where they can ride is confusing. He asked if the snowmobiles can ride in the bottom of the ditches on a county road. Attorney Hawkins advised State Statute allows them to ride on the outside of the ditch in the same direction as the traffic, not on the bottom or inside toward the road. Mr. Inqstrom asked if most of the problems are on weekends. Councilmernbers stated it is all the time. Mr. Inqstrom - stated snowmobilers ride in his area and have not bothered the flags and stakes he put up. If people were fined for destroying property, the word would get out, which would go a long way to curbing the problem. With this much open area out here, he didn't feel they should be outlawed. Council discussed noted it is unfortunate that the irresponsibility of a few may cause everyone to lose the privilege. It was hoped that the county saturation and working through the snowmobile clubs would be successful, and that is why the Planning Commission is being directed to look at the issue. Council also asked Staff to place an article in the Andover Express on the ordinance requirements so that it is easily understood. They also asked for a report on the success of the county saturation. / Motion carried unanimously. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 AGENDA t-O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA staff, Committee, Comm. ITEM t-O. Admin. BY: Approve Garbage Hauler Lic. v. Volk ~,~. 7. The City Council is requested to approve a refuse/recycle hauler license for Waste Management-Blaine contingent upon the inspection of their vehicles and Michael P. Hall, Inc. However, we hope to have the vehicles inspected prior to the meeting. '. / NOTE: Block's Sanitation of Minneapolis applied for a license to operate in Andover. I informed them that we could not license them at this time because they do not provide curbside recycling which is required by our ordinance. MOTION BY: / TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 AGENDA 1\0. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items Junkyard License Renewals planning ~ David L. Carlberg City Planner BY: ITEM 1\0. K: REQUEST The City Council is asked to approve the junk/auto recycling yard license renewals for the period of July 1, 1993 to June 30, 1994. On May 20, 1993, Staff made initial inspections of the junk/recycling yards for licensing. On June 7, 1993, follow-up inspections were made to insure the yards made corrections to those items cited during the initial inspections. , staff recommends the following junk/recycling yards receive / license renewals. Andover Auto Parts Anoka Auto Wrecking Auto Truck & Van salvage Best Auto Parts Commercial Auto Parts Mom's Auto Parts Sandeen Brothers Wilber's Auto Parts MOTION BY: I TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AGENDA toO. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA staff, Committee, Comm. ITEM toO. Admin. purchase of ROW/Kottke Bus Co. v. Volk ~\JY BY: 9: The City Council is requested to approve the purchase of right- of-way for Commercial Boulevard from Kottke Bus Company in the amount of $18,000.00. The check has been included in the schedule of bills for this evening's meeting. Attached is a copy of the signed deed conveying the property from Kottkes' to the City of Andover. MOTION BY: TO: Form No. 9.M-WARRANTY DEED Corporation or Partnership to Corporation or Partnership Mlnnuotl. Unlfonn Con,,~y.ndn& 81.nk. (1978) M,IIN-D~"i. Co, Minn.."poli. \ J No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value Noo__.__ ,19_ County Auditor by Deputy STATE DEED TAX DUE IIEREON: $ 59.40 Date: ,]9~ ---_.--~--------- (reserved for recording data) FOR VALUABLE CONSIDERATION, Kottkes' Bus: Service, Inc. , a corhoration under the laws of Minnesota ,Grantor, herehy conveys and warrants to t e City of Andover , Grantee, a , real property in municipal corporation Anoka under the laws of Minnesota County, Minn~~ot.a, described as follows: Parcel 4, City of Andover Highway Right~ofOWay Plat No. ], Anoka County, Minnesota Torrens Certificate of Title No, 56463 (if more space is l"lf!erll1d, continue on hack) together with all hereditampnts and appurtenances belonging thereto, !'ubject to the following exceptions: " / .\rli~ 111',.<1 T:li'i. ~~t:l~llr' 11"1"1' K~A:~6t~C. By I:~RffZ:~~ ~J' ,~-;/' By'" ,[,/ /!C)LL.v., Its ,(;/u- /f,'iia.., COUNTY OF (1 ~ .R-<,- } 55. STATE OF MINNESOTA -- .--- ----~--- NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) , on behalf of the i., , (I J . ~<:.vu, . {?, c, ,<~- SIGNATUU OF PERSON TAKING ACKNOWLEDGM!:NT 0,,,, 11/ 'W-r;''I''1/..I'?>---'' ,p~'.4" - V7'/J' -'7 ___on/.? '" ,a c:ol"por~tinn r.orpnration ,]93L The foregoing was ackno\'I~edged before me this / t'A/ !-_ day of by ~tJJ.'<'-- , p, -Id:<r,~~ and ~,d the _3.L...:)A,,/-- and~ ~R of ----K.ut1l<p~1 Rue; Servic:p. Inc. under the laws of Minnpsota ~@~'~';:;::'! __ NOTARY PUBLIC. MINNESOTA ';'. 'i.." ANOKA COUNTY 1 ~Y.J MyCommMloaEapiruOc:t.,t,10ll6 a ..a_a_ . ... . ..a '/'NNt.I .... J\.."..~~~.".. .~ T.ll St.temf'"t. for the r..I.I property detcrlbed In lhi, In.trument mould be .ent to (lnclud. n.mlt and addr... 01 Grallt..I): ;TillS INSTRUMENT WAS DRAFTED CV H.lAME AND ADDRESS):! I City of Andover 1685 Crosstown Blvd. Andover, MN 5530Q Burke and Hawkins, p, L. C. 199 Coon Rapids Blvd., #]01 Coon Rapids, MN 55433 '\ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 AGENDA SECTION Na Staff, Committees, Comm. ORIGINATING DEPARTMENT Todd J. Haas, Engineering APPROVED FOR AGENDA ITEM t-O. ~ BY: Authorize Comstock & Davis to Negotiate Easementsl 92-25 /tJ . The City Council is requested to authorize Comstock & Davis, Inc. to assist on negotiations with the property owners for ROWand easements on the University Avenue, Project 92-25. I have discussed this with Bill Hawkins and he agrees that negotiations should be handled by Comstock & Davis since they are very familiar with the project. ; By using the engineer, these being eligible by State Aid. costs would not be eligible. costs may have a good chance of If Bill Hawkins negotiates, the MOTION BY: TO: r.)....'O::'~...J r--;-u~ 9z'-z.> COMsTOCK& DAVIS, IN<=:_ ,Collsullillg'"F.ngirret'rs,& Lmd'Survc'Yol.'; " / , ".. June ,4,' 1993" 1446'CuuntyRuad J (85th Ave, ,'J:E,) Mr. ,Todd Hass~ ' , ' 1685 Crosstown Blvd. NW, ,City of Andover , , Andover, Mn. ,',55304 ~'finnc'-'ip(Jli~. , : 1'.1 UUlL'Sllt;,.. 55432 : Re: Eas~ment'& ROW, negotiation , Uri:i.vebity :ave. , ,City of Andover . Mn, , . 61 Z 7S-4c9346 -reI. . 612 7fq.9395 Fo>;,' .. ,~. Dear'Mr. Hass, Per' your request Comstock and Davis Inc. is willing to assist the Cieyof 'Andover on negotiations with p~operty owners for ROWand easements 'on,the above project. I anticipate that, we would have input and assistance 'from the city attorney and cieyappraiser, ' 'The time involvement will depend on the length of discussion with property owners etc~ since some of the negotiations could take longlu, then others; In any case I 'would meet with you to s,chedule and outline the' process on the' work, ,\ ) If you need additional input from me, just give me a call. I '~ ~c:r\':r\~ yOtH'.'~e-l?"i$ ~lt~t~ w~de. Spring Luk<.'. [\\11<. .1..1k" FIT1~0 ~1. P:~ul 13r,';1in~!'d. Littl~ hl:~~ ~\!()(~C L.c~k~ TOTAL P. 132 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 8 1993 AGENDA SECTION t-D, MAYOR AND CITY COUNCIL ITEM t-D. 10 JOINT POWERS AGREEMENT BElWEEN THE CITIES OF HAM LAKE AND ANDOVER II. ORIGINATING DEPARTMENT FRANKO. STONE PUBLIC WORKS DEPT. SUPERINTENDENT c8) APPROVED FOR AGENDA BY: The attached Joint Powers Agreement was prepared by the Attorney for the City of Ham Lake, Bill Dorn. A copy was faxed to our Attorney, Bill Hawkins, for his review before the June 15, 1993 Council Meeting. I do not have any objections with the items as set out herein, The Mayor and Coucil of Ham Lake approved this Agreement on June 7, 1993. MOTION BY: TO: e6-f)7-199302:26PM F;;:OI'l (~DS,L~l!. IU 4~ ':b':f':J r'.w , ~ JOINT POWERS AGRBEHBH'l AGRBElIBliIT, made this day of , 1993, by and ,between the Cities of Ham La.ke, Minnesota (HAl! LAKE) and Andover, Minnesota (ANDOVER), politica~ subdi.visions organized under the 1"'W5 of the State of Minnesota. RECITALS I ,...,M) HAM. LAKE and ANDOVER have determined to purcha8e a wood chipper for their joint usage. This Agreement is i.ntended to cover the parties' respective duties and obligations regarding '.. this equipm~mt. IT IS AGREED: 1. purchase. The parties shall jointly purchase a ve:rmier / Model 1220 WOOd Chipper, having a purchase price of $ Each of the parties shall contribute equally to the purchase price. 2. Usaqe. The wood chipper shall be used by the Public Works Depcrtmenta of HAM. LAKE and ANDOVER for PUrpoD_ related to each municipality. This Agreement conteaplates that both .MfDOVBR and HAH LAKE will lIIake approximately equal usage of the wood chipper. 3. Normal Maintenance. It shall be the responGibility of eaoh city to follow the tnanufacturer's recommendations as to maintenance and usage of the equipllll8Jlt. Whan routUi8 maintenance and/or repairs due to nOODal usage a~e requir&d, AIIOOVBR and BAK LAKE shall divide the cost of the repair work on an equal basis. " , / " ) , , ,) "- J B6-e7-19'33 02: 2EF'M FPOM OORN&EDWARDS. L TO. TO 4.j4 ~=r:I t' . 114 Any repairs which are estimated to cost more than $500.00 shaJ.I be authorized only if approved by the City AdIllinistrators of both HAM LAKE and ANDOVER, prior to effeclting the repaire. For repairs of 1es8 than $500.00, the city incurring the repair cost shall pay for the repair and invoice the other city for one-half of the cost thereof. 4. Damaae Due to Hi.suse. If the staff of either city causes damage to the wood chipper as a result of misuse, improper maintenance, and other negligence, then the city whose staff incurred such damage shall be solely responsible to pay for the repair costs. 5. Iniuries to Third parties. Excepting injuries to elDployees which are covered. by workers' compensation, in the event of any mllllfunction of the wood chipper which causes any injury to any third person, in which the owner of the equipl8nt comes into the chain of liability, it Is acknowledged between both cities that the cities shall be jointly and severally liable -as co-owners, unless it can be established that the malfunction occurred as a result of the negligence or misuse of the machine by the staff of only one city, in which case only that city shall be liable for Buch damages, and shall further indemnify and sa~~ harmless the other city from any such liability. 6. Termination. This Agrep-JQent may be terminated by either city upon 30 days' written notice, but in the event of ter.Mination. the city de8iring to terminate the contract shall 2 Ub-07-193302:2:*'M t-kU1 lJUI-'J'lc.IoUWH<J,,::..L,U. IU '+.:.H j:>::t:::;, r.tj~ / give the other city the option of either buying or selling the equipment, In thw following manner: A. The city desiring to terminate the contract shall, in its notice of termination, give the other city a doll~r amount figure that the teDlinatinq city is willing to pay for the wood chipper. If the responding city does not wish to sell the wood chipper for the stated price, then, within 30 days after the notice of termination, the responding city sha1l purchase the wood chipper froa the te~natinq city for the price stated in the original termination notice. II! any case, the purchaBe shall be for cash, payable within 30 days of the termination notice. .....~, , ) B. In th& event that one city desires to terminate this contract, but neither city has funds budgeted to effect a purchase from the other, then the city desirLnq to terminate may demand that the wood '_ chipper be placed for sale Ln accordance with applicable laws governing the sales of municipal property, and the parties shall divide the proceeds of sale equally. 7. Storaae. The wood chipper shall be stored by the city who last used the wood chipper, and storage shall be In a manner that Is secure and in conformance with any manufacturer's recommendations as to storage. Winter storage shall be alternated from year to year between the twc cities. IN WITNESS WHEREOF, the partialS have executed. this Joint powers Agr8Q1D&Ilt the day and year first above written. CI'rY OJ!' HAM. LAKE CITY 01" AllOOVBR By By Hayor Mayor By By City Administrator City ~nistrator 3 " ) TOTFL P. 05 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 8, 1993 AGENDA SECTION t-O. STAFF COMMITIEE COMMISSIONS ORIGINATING DEPARTMENT FRANK O. STONE PUBLIC WORKS DEPT. APPROVED FOR AGENDA ITEM t-O. 11 JOINT PURCHASE OF BRUSH CHIPPER SJ BY: /til. We would like to purchase one new Vermeer Model 1220 Brush Chipper with Ford 4.23 76HP gas engine on a joint-purchase with the City of Ham Lake, We looked at smaller and larger models, but the smaller models will not do the job and the larger models have too large a price. Brad Belaire, Public Works Supervisor of Ham Lake, looked at other manufacturers' models, However, we both feel the safety measures built into the Vermeer Model 1220 Brush Chipper makes it the best and safest choice for the operator. The funding for this machine would come from recycling funds. Each City received $8,000,00. Together we can purchase the Vermeer Model 1220 Brush Chipper for $15,975,00. Here's the breakdown: I Andover's Share $17,373.00 2,373.00 15,000.00 975.00 $15,975,00 $ 7,987.50 New List Price Less Municipal Discount Net Price Add TAX TOTAL The recycling funds have to be used, to my knowledge, by June 30, 1993. Both Cities' Recycling Coordinators agree with the purchase. We plan to use this unit to provide an area where residents can bring their Christmas trees for chipping, These chippings will then be made available to the residents for their Spring planting. At other times, the Cities can also use this unit for brush areas. I cannot foresee any problems between the Cities sharing this unit; unless there was a storm similiar to the one in 1983, in which case no City would have the necessary equipment to cleanup without the mutual aid of others. Ham Lake approved the joint-purchase of this Brush Chipper at their June 7, 1993 meeting. MOTION BY: I TO: June 3, 1993 1'0: Councilntembers FROM: Doris Nivala ~, ~}.>./ \Y Attached are quotes for brush chippers which will be a joint purchase with the City of Andover. I reviewed these with Brad, and we would recommend purchasing the Vermeer Model 1220 in the amount of $15,000 compared to the Morbark E-X Chipper Model 17 in the amount of $16,650. We received $8,422.92 in bonus funding from Anoka County SCORE funds .,'J~l; I.";~i. c,~n 1;-'". us(~d for t~L~ s. .~-;iT':'''P~)':-''''_. ,T,'...~ >:~.~:l;:-~ i.ning [",:OD(,"~\. <:":::12 L,:,,- u!>~:d :2?f.2:1:.sl~S t~13.t: ~:Cl":_' n'-~~t. cJ....~~n.nd L~/ ~:1.-3 b~iSC ...-:.~.~Jun.~. BiP 001"1 i-; -;':ork'~r:'1 wit~1 thE' Andr..:v'~r cii:y Attorney to f::'-'fF~rD ~'n :19ree,:.,~r.t regarding the joint maintenance, use, etc. for this Chippor. Vermeer , ) VERMEER SALES & SERVICE 12500 Dupont Ave, So., Burnsville, MN 55337 · (612) 890.6144 Fax (612) 890-7046 QUOTATION TO: 0'1j o~ !Jam LqK~ C'fj of ,!f:1ouer ATTENTION:-S rQd. 0 r DATE SI /d./~5 QUOTED FOB QUOTATION FIRM J UNTIL ~o qa ;;S aile ne w Mrm<.Rt ff/ode I q3~6rfA5~ c4 if/Jll{" t../th ~ J hp D-eq f<.. 5/-of <t- turn 11;~h. / ~ I,(f() +eed s':Js-krrt ne lU J; st 11 IS '13~ on /'<'55 ,Ir7UJ1iCIP41\ /. 00\ otiSt'D4- ,,::Z300 / , j 7a~11 J"3 J3YJ 00 F rc.. '" k 01'/1( neLV lie, meer Yvlo..l e..l ( "\ "\ D b t J ~ ...L1 0<.",( ilA.S \ C"'tpper, 0t ~ ~r4 <t.):] 7t. /"'p 34-.5 el/lj /;"'e -electric b,aKe.s ~ kl/;ve5 0'1 (ufl-~r "/~K, aLtIo {:eeJ s~-s-I--t!.......... /lrw IJ~f $/7 373 ~ J~$5 JI14(~I/}'J.:1 , oe \ d,'.s(Ot.t~-{. 0- ~)3 . .....J 1Ofa.{ hef J Is:. ceo 00___ 7 '/ J QUOTED BY: ~ rJ70 (ri t'Y'v\ APPROVED BY: ACCEPTED: FIRM NAME: BY: DATE TITLE: ' -, j " Vermeer '\ ) VERMEER SALES & SERVICE 12500 Dupont Ave. So" Burnsville, MN 55337 · (612) 890.6144 Fax (612) 890-7046 QUOTATION TO: ('''+:J cA- ~~~ La k~ TI:j ~ .4 M4DiJt"1 DATE )'/1;) .I ;5 QUOTED FOB ATTENTION: ,R raJ 04 nc. VI 1:: QUOTATIO~ FIR~ UNTIL ,0 Cl)S o l1e Y} ~w lie r VYl<?.(> r 1.)...56 Brus"- C ~~p~'" u/,{~ 81 hp p~/, k;Vl.5 I {4rb s'de +ecd I 4 "A-o teed s~s..f-.~~ flew /'5-1- I/-ef- ~~ <789 00 , < 3 5"87. co> /8 700 .O~ ... , / 4.ss IJJUt1~(,fClrI c1,s(o",...~ / P 5-5 Cl ndlcr ,-/ J. 6aQ'l' r " J. ", .y ,\-or 71:15. 4"\11 J 7 7t'O +dr JqS Uh",+ QUOTED BY: ~P7'7 ~ rr~1 ~ APPROVED BY: ACCEPTED: FIRM NAME: BY: DATE TITlE:- , ./ .. g, t~'l (.:i .~ ~:"t ~... ; ~'" ~<l ~:~ ;:'l r~ t:.i iJ"! 'j l'y :f~ f":'i g 1;'1 ';~-J n ::-;1 t--" '-~ ~ f"; TJ tt f.::j r~~ ;;--::- ;J..r; ~ . _...-'t':.f....~.iS...~--i'...:...~~~ . . ~O-- - .. CORPORATE HEAOQlJARTERS 5633 Highway 13 Savage, MN 55378 (612) 895.5555 &/1;::', ,..-- / H,n-r./i?f j-,z, 0/7<"/ or- p,-..' c <:"S', C!l),,,,',~1 d"..vrs ,c-O(L. 12 ,,== rt-r'.I'-?..rV I:.n-/~ 'h~<</2../'.IOC)N. 1f~/2 ~ ~ L/ .J r- c.c'J ,'y,I/;')a-t.~~5<?/2.j ~ //<., 0,; L.ve L'.:'" c'-;~ ,'Y! CJ ,'2- t:!rfTl/<'., C /r't;/-'i:', ,'S: t:..,~(Zt4(Vde:: c:?rV 01,..'-'2.. /- ,..- ~ /}TV t./ ./ C/ (l'G! /h:?1/cr /:J (.. {-::;/1 S ~ ,'.." / ,:/,-~' , /'._.1<, .... ~/;llc';f_J.... -I. ,"f.-,.).. (0,". .J ;"'\...::. 3.D /jl"'-"C: ..-*- ! '1 'r -2. ,-,),1 ~ c.'...:'l. ,j, /) ,). ~.:. '- ,A..).._,-, t'?,'i\")c. '. ; ':l ! ,"~ - T,' { , . ( ".' (.,. '1;' \. () ",..,:- J '_ (-~.' .- C1 J,.2 H,//2..;?h. ~....z ,:-! i ".- .' I. : . -: ,.' /2-11 /:;Ji"'C.V"" e,/.s <.~.-~~ .....-.i. S ci/c.'u'1 ( qd ~-" " / .... '-." "'" /':;.......',..-....... (,~ .,~ J { ~ c:. c' ,~ .:: ,', /,,-.,/ ':. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 staff, Committees, Comm. Frank O. stone, Public works Dept. Superintendent APPROVED FOR AGENDA AGENDA t--O. SECTION ORIGINATING DEPARTMENT ITEM t--O. Capital Equipment purchases for 1993 @ BY~ 1:3 . In 1992 the pothole Patching Machine was removed from the Capital Equipment List due to the bonding amount. I was told to bring it back in 1993. 1. One Rosco RA2000 Spray patcher $40,000.00 2. Replace plow mounting equipment on Unit #180 5,000.00 TOTAL $45,000.00 plus tax & delivery One option for financing is Piper Jaffray's Minnesota Municipalities Equipment purchasing program. Daryl Sulander will be available to explain. A second option is to authorize the purchase from the P.I.R. Fund. A resolution for authorizing the purchase from the P.I.R. Fund is attached if the Council chooses this option. MOTION BY: / TO: J ; CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -93 Motion by Councilmember to adopt the following: A RESOLUTION AUTHORIZING THE EXPENDITURES FOR STREET MAINTENANCE EQUIPMENT FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R074-90 established a Permanent Improvement Revolving Fund containing a Capital Improvement Account designed to fund capital expenditures; and WHEREAS, the city Council recognizes the need to implement a street pavement management program to extend the useable life of city streets; and WHEREAS, the City has reviewed specific equipment and identified various segments of city streets in need of immediate repair. '\ ) NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby authorizes the expenditure of up to $45,000 plus sales tax and delivery charges from the Permanent Improvement Revolving Fund Capital Improvement Fund for one pothole patching machine and mounting equipment for unit #180. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of June , 1993 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 V~ctoria Volk - City Clerk '-, ) CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE June 8, 1993 ITEM to.O. 13 SET DATE I PUBLIC WORKS OPEN HOUSE ORIGINATING DEPARTMENT FRANK O. STONE PUBLIC WORKS DEPT. SUPERINTENDENT APPROVED FOR AGENDA AGENDA SECTION to.O. MAYOR AND CITY COUNCIL f& BY: /~ We at Public Works would like to have an Open House for Mayor and Council, to show City equipment, vehicle housing and to introduce all the employees of the Public Works Department We would like to do this July 22, 1993 from 7:00 p,m, to 9:00 p.m., with your approval. MOTION BY: , TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM NO. Authorize Bond Sale 1993 Series A & B Daryl E. Sulander Finance Direc~ BY'J/f /5". REQUEST The Andover City Council is requested to authorize the solicitation of bids for two bond issues as follows: $3,650,000 G.O. Improvement Bonds of 1993, Series A $ 520,000 G.O. Tax Increment Bonds of 1993, Series B. I BACKGROUND Attached is a recommendation letter from Bill Hawkins which outlines the projects involved, the required financing and proposed time line for issuing these bonds. MOTION BY: I TO: LAw OffiCES OF A Professional Limited Liability Co. Burke and Hawkins ~ ) JOHN M. BURKE LoUIS J. BARTSOIER WlUlAM G. HAWKINs Scarr J. LoRENTZ June 4, 1993 Mayor and Members of the City Council Andover City Hall 1685 Crosstown Boulevard NW Andover, MN 55304 SUITE 101 299 CooN RAPIDS BLVD. CooN RAPIDS, MINNESOTA 55433 PHONE (612) 784-2998 Re: $3,650,000 General Obligation Improvement Bonds of 1993, Series A $ 520,000 General Obligation Tax Increment Bonds of 1993, Series B Dear Mayor and Councilmembers: /' This letter is to provide you with our recommendations concerning the City's need to refinance the $1,550,000 General Obligation Temporary Improvement Bonds which mature on December 1, 1993 and the financing of current improvement projects being constructed including Commercial Boulevard within Tax Increment Financing District 1- 2. , A. $3,650.000 of General Obligation Improvements Bonds are proposed to be issued, >> to fund the following projects: 1. General Obligation Temporary Improvement Bonds due December 1, 1993 2. 93-2 Pinewood Estates 2nd Addition 3. 93-5 Winslow Hills 3rd Addition 4. 92-29 Echo Ridge 5. 92-20 Woodland Creek 3rd Addition 6. 92-19 Weybridge 3rd Addition 7. 92-18 Jay St./ Watts Garden Acres 8. 92-16 Pheasant Glen 9. Pond C change order '\ ./ -1- $'1,550,000 $ 297,000 $ 860,000 $ 640,000 $ 439,000 $ 398,000 $ 144,200 $ 270,000 $ 20,000 Gross amount of funding needs: \ ) Currently available City funds to defray portion of costs: 1. Anoka County payment for their road improvements 2. Tax Increment funds available 3. Debt service funds available, Projects 87-12, 87-22, 87-25, 87-28, 87-29, 86-05, and 86-19 Total Available City Funds Project Costs to be financed Underwriters discount Six months capitalized interest Total Amount of bonds to be issued $4,618,500 $ 265,000 $ 580,000 $ 280,000 $1,125,000 $3,493,500 $ 60,000 $ 96,500 $3,650,000 Since all of these projects involve MS 429 Local Improvements, we have been informed by the City engineer that all of the costs associated with these projects will be recovered by special assessment collections. B. $520,000 General Obligation Tax Increment Bonds of 1993, Series B. , ) We have been advised that the City needs funds for the improvements known as Commercial Boulevard within Tax Increment Financing District 1-2. The project costs are estimated by the City engineer as follows: 1. Right of Way acquisition 2. Construction cost including overhead 3. Discount, capitalized interest and issuance costs Total estimated costs Tax increment funds available as of 12/31/92 (these are in addition to those funds listed above) $ 220,000 $ 866,400 $ 50,000 $1,136,000 $ 620,000 Amount of General Obligation Tax Increment Bonds to be issued in 1993 rounded $ 520,000 We have attached with our letter a cash flow projection prepared by our tax increment co~sultant, Casserly Molzahn and Assoc. which shows sufficient revenues are generated by the tax increment financing district to meet the debt service obligations of the bond issue. " -2- J '. ... ) At a recent council meeting the council authorized the exploration of possible purchase of other properties within the tax increment district. Based on this course of action I requested that Casserly Molzahn prepare an analysis of our ability to finance such further acquisitions. This analysis will be provided by their firm in the near future. If the City does elect to acquire additional properties, this would have to be done using taxable bonds and therefore we have not included any funding for these projects with this bond issue. We propose that the bonds be dated August 1, 1993 with the first interest payment coming due on February 1, 1994. Interest thereafter would be due each August and February until maturity. The bonds would mature serially starting August 1, 1994 and each August thereafter in equal principal amounts until August 1, 2003 when the last bonds would mature. We are recommending the City Council authorize the taking of bids at their meeting on June 15, 1993 and that bids be considered for award on Tuesday, July 20, 1993. If the award of the bid is made on July 20, funds should be available within four weeks thereafter. The City's current bond rating is Baa-1 by Moody's Investors Service. We recommend that the City obtain a rating for both bond issues since it will be necessary in order to market the bonds. , If any of the council members have any questions concerning our recommendations, please feel free to call me. / ~~t(:JI~~ William G. Hawkins WGH:wgh Enc " / -3- Casserly Molzahn & Associates, Inc. 215 South 11th Street, Suite 300 . Minneapolis · Minnesota55403 Office (612) 342-22n . Fax (612) 334-3382 .. ) TO: BILL HAWKINS RE: DATE: MARY MOLZAHN JAMES CASSERLY CITY OF ANDOVER - TIP CASH FLOWS ' JUNE B, 1993 FROM: ----------------------------------------------------------------- Attached please find a cash flow analysis of TIF District #1-1. This analysis includes the following revisions/additions: a. 1993 payment of $580,000 for 1990B Temporary Improvement Bonds; b. debt service payments on $520,000; and c. a present value analysis. , / The net present value of $4,134,698 represents the approximate maximum amount of debt that could be supported at 7.0%. This does not include any current funds. The annual present values shown in 1994 through 2012 represent the annual principal portion of the debt service payment. The difference between the annual present values and the annual balance is the interest portion of the debt service payment. Please advise if you would like the present value analysis calculated at other rates, or if you would like the information in some other form. \ ,/ F9 ) BEGINNING FUND BAlANCE REVENUES, TAX INCREMENT LAND SALES OTHER REVENUES INTEREST EARNINGS ANNUAL REVENUES TOTAL AVAILABLE EXPENSES. At'tlIN FEES PROJECT EXPENSES O1liER EXPENSES DEBT SERVICE ANNUAL EXPENSES 'INUAL BAUloNC[ / ClMJLATlVE BAl.ANCE ORIGINAl TAX CAPACI1Y ESTIMATED TAX CAPACITY INFLATION TAX RATE INTEREST RATE COLLfCTIClN RATE PV OF ANNUAL BALANCE 7.00% P\I RATE , I em OF ANCOVER. MINNESOTA OB-Ju1't-93 TIF DISTRICT "-, eFg) HOUSING PROJECT REOEVELOA1EHT DISTRICTz 7/00 - 12/2012 1989 1990 1991 1992 1993 1994 1995 1996 1997 82.401 318.404 363.017 774.316 '. '26.~6 i65.068 1.312.576 1.667,520 2.029.949 217.246 260.586 343.284 31a.000 442.622 447, SOB 452,444 457,429 462.464 31.420 5,000 55.627 5.166 8.500 25.565 47.566 63. 450 257.166 291.151 451.643 381.450 442.622 447.508 452,444 457.429 462.464 339.567 609,555 814.660 1,155.766 1.569,068 1,412,5761,765.020 2,124.949 2.492.412 ---_.--------- ----.-..-...---------- -.-...... 24.000 24.000 24,000 24,000 24,000 24.000 24.000 3.002 23.477 16.344 4.603 18.161 223.061 n7 580, 000 76,000 73,500 71,000 68,500 21,163 246. S38 40,344 29.320 604,000 100,000 97,500 95,000 92.500 .......................................................................................... 236.003 ~.613 411.299 352.130 (161.378) 347.508 !54,~ 362.&29 369.964 ._E._.-=_-===.._.__....C-=-:___.__..S__._._=-__..._.___.__.... 318.404 363,017 774.3161.126.446 965.068 1.312,576 1.667.520 2,029,949 2,399.912 _._==__=.__-=z=.c~._._.-s.__=__--===-ZS=__.--- -__s. "',697 41.391 41.291 42.271 42.271 42.271 42.271 42.271 42.271 307.387 339.636 394.731 408,368 448.540 453.025 457.556 462.131 466.753 11 11 11 11 11 0.90088 0.94003 0.95401 1.08459 1.14682 1.14682 1.14682 1.14682 1.14682 4.5% 4.5% 4.5% 4.5% 4.5% 95% 95% 95% 95% 95% 95% 324.774 310.022 295,850 282,244 CASSERLY KlLZAft' I ASSOCIATES F9 BEGINNING FlmD BAlANCE REVENUES. TAX INCREMENT lAND SALES OTHER REVENUES INTEREST EARNINGS ANNUAL REV~UES TOTAL AVAILABLE EXPENSES: AtHIN FEES PROJECT EXPENSES OTHER EXPENSES DEBT SERVICE ANNUAL EXPENSES " INUAL BALANCE / aKlLATIVE BALANCE ORIGINAL TAX CAPACIlY ESTIMATED TAX WM:ITY INFLATION TAX RATE INTEREST RATE alLLECTION RATE PI/ OF ANNUAl. 8Al.ANCE 7.00% PV RATE , / CIlY OF ANOOVER. MINNESOTA Oll-Jun-93 TlF DISTRICT "-1 (F9) HOUSING. PROJECT RtDEVElDPHENT DISTRICT. 7/66 - 12/2012 1998 1999 2000 2001 2002 2003 2004 2005 2006 2.399.912 2,712,376 3,147,340 3,619,803 3,895,017 4,296,981 4,701.695 5,164.158 5,626.622 462,464 462,464 462,464 462.464 462.464 462.464 462.464 462.464 462,464 462.464 462.464 462.464 462,464 462,464 462.464 462,464 462,464 462,464 2.962.376 3,234.840 3,609.803 3.~,267 4,357,481 4.759,445 5,164,158 5,626,622 6,089,086 ---.......---------------- --------- 24.000 24,000 24.000 24.000 66,000 63,SOO 66,000 63,250 60,500 57.7SO o 90.000 87. SOD 90,000 87.2SO 60. SOD 57 , 750 o o ---.-..-.-...-.-.-......-.-.-.--.--.---.---.--.-... 372.464 374,964 372.464 375,214 401.964 404,71" 462,464 462,464 462.464 -_.__.~...._.._...._._...._.._._._..........._._-----_._-_._.- 2.772.3763.147,340 3.519.803 3,895.017 4,296.981 4,701,6955,164.158 5,626,622 6,089.086 ---_._._-_._._-_.---~- -------........-...-...- 42. 271 42,271 42.271 42,271 42.271 42,271 42,271 42,271 42,271 466.753 466,753 466,753 466,753 466.7S3 466.753 466.753 466,753 466.753 1.14682 1.14682 1.14682 1.14682 1.14682 1.14682 1.14682 1.14682 1.14682 951 951 951 951 951 951 95% 95% 95% 265,561 249,854 231,952 218,378 218.642 205.736 219,713 205,339 191,906 CASSERl. Y I'OI..ZAHN .. ASSOCIATES F9 j BEGINNING FUND BAI.AtU REVENUES; TAX INCREl1El(1' LAND SALES OTHER REVENUES INTEREST EAR~tNGS ANNUAL. REVENUES TOTAL AVAILABLE EXPENSES. ADMIN FEES PROJECT EXPENSES OTHER EXPENSES DEBT SERVICE ANMJAL EXPENSES 'NNLJAL BAI..ANCE / Cl.MJLATIVE BAlANCE ORIGINAL TAX ClPACHV ESTII'ATEO TAX CAPACITY INFLATION TAX RATE INTEREST RATE COLLECTION RATE PV OF ANNUAL BALANCE 7.DOX PV RATE , } CITY OF ANDOVER. I1IIflESOTA TIF DISTRICT "-1 eF9) lDlSING PROJECT REOEVEI.CI'I'V'T DISTRICT. 7/86 - 12/2012 2007 2009 2009 2010 2011 2012 TOTAL 6.099,096 6,551,549 7,014,013 7.476.477 7,938,940 8,401,404 462,464 462.464 462,464 462,464 462,464 462,464 10,338,538 92,047 5,166 145.061 462.464 462,464 462,464 462,464 462.464 462,464 10,sao.832 6.551,549 7,014,013 7,476.477 7,938,940 8.401,404 8.863.868 ................................. ------------.--.--- 264.000 47,426 0 1,487,939 0 0 0 0 0 0 1,799,365 ------.----.--.. .--....-.-.--.--*-.... -- 462,464 462,464 462,464 462.464 462,464 462,464 8,781.467 ---.-.-.-..----.----....-.------ ------- 6,551.549 7.014,013 7.476,477 7,938,940 8,401.404 8,863.868 --.-..-.--.-..-.-....-.--.---.--....------. 42.271 466.753 42,271 466,753 42.271 466,753 42,271 466.753 42,271 466,753 42,271 466,753 1.14682 1.14682 1.14682 1,14682 1.14682 1.14682 95% 95% 95% 95% 95% 95% 179,351 167,618 156.652 146,404 136,826 127,875 4.134.698 CASSERlY ~ . ASSOCIATES OB-Ju....93 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 ITEM t-O. Todd J. Haas, Engineering ~ APPROVED FOR AGENDA AGENDA SECTION t-O. Non-Discussion Item ORIGINATING DEPARTMENT BY: Award Bid/92-19/Weybridge 3rd Addition ,,*. The City Council is requested to approve the resolution accepting bids and awarding contract for the improvement of project 92-19 for sanitary sewer, watermain, street and storm drain construction in the area of Weybridge 3rd Addition. The awarding of bids is subject to the following: 1. Revised Grading, Drainage and Erosion Control Plan. 2. A written agreement between the City and the developer as to the developer's costs of the improvements. The 3 lowest bids received are as follows: 1. Old Is Gold Construction 2. Yolk Sewer/Water 3. Mille Lacs Contracting $199,927.32 $205,274.99 $211,966.97 MOTION BY: , TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ) MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 92-19 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF WEYBRIDGE 3RD ADDITION WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 095-93, dated May 4, 1993 , bids were received, opened and tabulated according to law w1th results as follows: 1. Old Is Gold Construction 2. Volk Sewer/Water 3. Mille Lacs contracting $199,927.32 $205,274.99 $211,966.97 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Old Is Gold Construction as being the apparent low bidder subject to receipt of the following: 1. Revised Grading, Drainage and Erosion Control Plan. 2. A written agreement between the City and the developer as to the developer's costs of the improvements. '\ BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk / to enter into a contract with Old Is Gold const~uctionin the amount of Slqfi q2? 32 for construction of the 1mprovements; and direct t e C1ty Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the meeting this 15th day of City Council at a regular June , 19~, with Councilmember the resolution, and Councilmember voting in favor of voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J. E. McKelvey - Mayor -, ATTEST: / v1ctoria Volk - C1ty Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 AGENDA SECTION NO. Non-Discussion Item ORIGINATING DEPARTMENT Todd J. Haas"yr Engineering ~r APPROVED FOR AGENDA ITEM NO. BY: Award Bid/93-2/pinewood Estates 2nd Addition 1"'1. The City Council is requested to approve the resolution accepting bids and awarding contract for improvement of project 93-2 for sanitary sewer, watermain, street and storm drain construction in the area of pinewood Estates 2nd Addition. The 3 lowest bids received are as follows: 1. Mille Lacs Contracting 2. S.R. Weidema, Inc. 3. Annandale Contracting $382,040.60 $400,683.09 $412,631.17 I MOTION BY: I TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \ / RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 93-2 FOR SS, WM, STR. & ST. DRAIN CONSTRUCTION IN THE AREA OF PINEWOOD ESTATES 2ND ADDITION WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 107-93, dated May 18, 1993 , bids were received, opened and tabulated according to law with results as follows: 1. Mille Lacs Contracting 2. S.R. Weidema, Inc. 3. Annandale Contracting $382,040.60 $400,683.09 $412,631.17 , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Mille Lacs Contractinq as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Mille ~acs ~ontraGting in the amount of 5382 040 60 for construct1on 0 t e 1mprovements; and direct the city Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. / MOTION seconded by Councilmember and adopted by the meeting this 15th day of City Council at a regular June , 19~, with Councilmember voting in favor of voting the resolution, and Councilmember against, whereupon said resolution was declared passed. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: " J Victoria volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 ITEM f\X), ORIGINATING DEPARTMENT Todd J. Haas, Engineerin~~ APPROVED FOR AGENDA AGENDA SECTION f\X), Non-Discussion Item BY: Approve plans & Specs/92-25/ University Avenue 1'1. The city Council is requested to approve the resolution approving final plans and specifications and ordering advertisement for bids for project 92-25, university Avenue Extension from 152nd Avenue NW to Constance Boulevard area for street and storm sewer construction. The plans and specs are available for review in the engineering office. I Note: A retaining wall is proposed to be constructed at 152nd Avenue NW to save trees and to allow the vertical curve to be flattened to meet design requirements. The street is posted for 40 MPH. MOTION BY: \ / TO: \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: SPECIFICATIONS AND ORDERING 92-25, CONSTRUCTION. A RESOLUTION APPROVING FINAL PLANS AND ADVERTISEMENT FOR BIDS FOR PROJECT NO. UNIVERSITY AVENUE EXTENSION FOR STREET AND STORM SEWER WHEREAS, pursuant to Resolution No. 024-93 , adopted by the City Council on the 2nd day of February , 19 93, Comstock & Davis has prepared final plans and specifications for Project 92-25 for street and storm sewer construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 15th day of June , 19 93 NOW, THEREFORE, BE IT RESOLVED by the City Council 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 11:00 AM / Monday, July 12 , 19-21 at the Ham Lake Clty Hall. MOTION seconded by Councilmember adopted by the City Council at a and regular meeting this 15th day of June , 19-21, with Couuncilmember voting in favor of the resolution and Councilmember voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Vlctoria Volk - City Clerk , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 AGENDA 1\0. SECTION Non-Discussion Items ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM 1\0. Receive May Financial statements Daryl E. sulande{~Q~ Finance Director ~ ~ /q, REQUEST The Andover City Council is requested to receive the May 1993 Financial statements for the General, Water, Sewer and Central Equipment Funds. please note: 1) These statements include the amended expenditure budgets adopted by resolution R016-93 on 1/19/93. 2) Unanticipated expenditures for the special election and higher than expected insurance costs will need to be funded. I do not expect to present the next budget amendment request until July or August. 3) Fire Department expenditures include $34,000 of accrued point pay for December 1992 through April 1993. All point pay is paid to the fire fighters in December each year. 4) Expenditures in excess of revenue in the amount of $508,274.17 have used 69% of the General Fund fund balance as of May 31, 1993. I have requested the 70% advance payment of our tax settlement as allowed, which we will receive on June 21st. 5) The Water and Sewer Funds first quarter receipts were due on May 5th. First quarter revenue is higher than expected due to the higher than anticipated new service connections and meter sales. 6) The Central Equipment Fund is operating smoothly. Revenues and expenditures are within budget projections at this time. Should there be any questions regarding the information presented, please contact me prior to the meeting so I may have adequate time to research the question. MOTION BY: TO: CITY OF NIDOVER YEAR TO DATE SUf\,\ARIES GENERAL, WATER, SEWER N1D CENTRAL EOUIf'~'HH FUNDS A., of 311~3y93 Revi sed Bud']et Year- to D,:;te F'er-cent"'Je Actual RemJlni~g --------------- -------.------ -------~-- G ENE R A L FUN D REVENUES ----------------------- ----------------------- GEr1ERAL f'ROf'ERTY TAXES BUSINESS LICENSES AND PERMITS IKlHUS;lNESS LImNS & f'ERfIITS BuildinJ Related Oth>~r INTERGOVERN!,ICNT,I.L REVENUE Cc:M:GES FOR SERVICE S stt',,:,t L i 'Jht in'] Other /COIJRT FINES SF'ECIl.l AS;S;ES;SliHHS mSCELLN~EOUS REVENUE Inter'est Ear-ned Refund., and R"imbul,.,ements Otkr TRANSFERS FROI,I OTHER FUNDS Frun Mnin, Tnd Fund Fwn TIF 1-1 Fund FrCl1l TIF 1-2 Fund 1,296,030,00 17,025,00 270,420,00 7,550,00 643,792,00 73,600,00 2),600,00 37,000.00 3,000,00 "4,000,00 31,000.00 3,000,00 6) ,1;98.00 24,000,00 6,000,00 TOTAL GENEF:/;l FUI~D REVENUE 2,551,515.00 / 1,"06.98 9,345,00 192,827,12 3J02,QO 87,039,17 23,396,19 19,833,75 10,035,90 12,[:0 9,194.12 2,767,25 1,904,55 ------------ ------------ ------------ ------------ 363,262,03 99 45 28 54 86 68 27 72 99 79 91 36 100 100 100 85 , CITY OF me'OVER \'EAR TO DATE 5UW,ARIE5 GENERAL, WATER, SEWER r~o CENTRAL EQUIWtEtH FUNDS As of 3 Way93 G ENE R A L FUN D E X PEN D I T U RES ----------------------- ----------------------- I<AYO~ MJD COUNCIL N E\iSL E HE R E l fCTIO~~~; ADI'IIN ISTRATION FIIJNJCHl ACH.mnsTRATION AUDITING A%ESSING ATTORNEY PLNJNING NJD ?Or-JHKi DATA PRC(ESSING CITY HALL :,UILDIJlG FIRE STATION 8UILOING "PU[,LlC \,IJRKS CUILDING ,SENIOR CITIZEN'S CENTER EoumiUH BUILDING CITY HALL GARAGE WoINEERW:; TOT AL (;UHAL GOVEF:I,fiENT POLICE PROTECTICIJ FIRE PROTECTICi'J RESCUE SERVICE PF:OTECTIVE INSPECTICi'J CIVIL DEFEUSE IJm'j,L CONTROL TOTAL PUf:LIC SHETY / Reyi sed Bud'Jet Yeilr to Date Per'c~nt.';'3e Actual R',f:.linin'.J 38.82ll.00 5,392.00 136 ,535 ,00 :09,709,00 10,750.00 47,192,00 52,560,00 52,974.00 19,537,00 43,902,00 33,086.00 19,805.00 3,982,00 2,980.00 80,124.00 f02 ,352 ,00 425,004.00 268,817 .00 35,183,00 163,961,00 2,960.00 10,255,00 906,180,00 20,704,70 9',9,76 1,732,44 6',,045,95 41, \69.75 10,750.00 47,190.00 22,657.97 18,448.08 6,006,8G 20,175,19 17,757,97 14,513.38 3,932,95 1,567.22 251.71 28\3G8.18 320,782,21 105.853,69 106,001.83 7,811.52 66,072.11; 606,32 2,583.61 ?89.529,11 46 82 53 02 o 56 65 69 54 46 26 56 47 64 51 75 60 77 59 79 74 68 CITY OF NmOVER YEt" TO DATE SUI,WRIES GENERAL, WATER, SEWER Iva CENTRAL EOUlf'~\ENT FUI1DS As of 3 jI'\3V93 F:sv; ssd Bud'~et Y2.::;!'. to Date P€;r.u;nta'}~ Actual F:em3inin'~ --------------- -------------- ---------- G ENE R A L FUN D E X PEN 0 I T U RES ----------------------- -----------------~----- (:TREETS AtJD HIGHliAYS SNOW !~D ICE REMJVAL STORM SEllERS STREET LIGHTHIG STREET SIGNS TRAFFIC SIGNALS STREET LIGHTS-E.ILLED TREE PRESERVA TICN/IAAINT liEE 0 Corm:OL RECYCl.HJG TOTAL PUBLIC IIORXS ,F'I,f;KS N10 RECF:E!\TION ECOt~Of~IC DEVELOPMENT UI,HLCCATEO OTHER FIN!~CING USES 235,827,00 55,443,24 76 167,820,00 44,639,25 73 24,507,00 3,194,64 86 18,750,00 5,431.52 71 39,106,00 11,173,38 71 9,840,00 2,171.82 77 65, \74,00 22,776,70 65 18,735,00 7,166,57 61 8,733,00 533,15 93 32,923,00 10,510,30 68 ------------- ------------ 621,415,00 163,040,58 73 247,658,00 62,043.43 74 20,507,00 8,351.03 59 40,620,00 20,S53,OO 48 52,783,00 7,336.84 86 ------------ ------------ 871,536,20 65 TOTAL WlCF:AL FUND EXPENOITUF:ES 2,551,515.00 / .---------.-- ._----------- ------------ ------------ CITY OF NiDOVER '\ ) YEAR TO DATE SlJfi'IARIES (iHiERAL, \lATER, SEWER NID WITf:AL EQlJIf'f'nH FUNDS As of 311'\lV93 Rev; "ed Bud'Jet Year to Date Per'centaqe Actua 1 R'311\J i 0 i OJ --------------- -------------- ---------- \I ATE R FUN D UVENIJES ------------------- ------------------- WATER ~;iH~; flETER SALES FtRMlT FW; fAISCELLNJEOUS REVEtWES 320,)10,00 50,148.45 84 28,800,00 27,120,00 5 12,000,00 10,800,00 10 14,000,00 5,',97,72 60 ------------ ------------ TOTAL \IATER FUNO REVENUE 375,510,00 93,566,1/ 75 ------------ ------------ ------------ ------------ \I ATE R FUN D EXPENSES ------------------- ------------------- / SOIJRCE, STORAGE MID TREAHIENT DISTRIBUTION A['t,nN I ~;TRA T I 0t4 115,436,00 146,825,00 113,249,00 29,364.14 62,022,71 20,200,)0 )4 57 82 TOTAL WATER FUND EXPENSES 3)5,510.00 1 I 1,58),55 70 ------------ ------------ ------------ ------------ , / CITY OF NWOVER YEAR TO DATE :,U~i'1ARIE5 GENERAL, WATER, SEWER t~O CElHF:AL WmWH FUNDS A; of 31 M3V93 ) F:evi sed Bud'jet YU:f' to D,'Jte f'efu:nt.'J08 Actual f.:;fr,Jining --------------- -------.------- ---------- SEW E R FUN 0 REVENUES ------------------- ------------------- m'ER CHARGES INTEREST REFUND~; MiD RmBUF:SE~\ENTS TRANSFER FRC1~ SEIlER ccr1N, FUND 433,900,00 4,500.00 30,500,00 124,106.11 2,141.42 ------------ ------------ 126,247,53 TOTAL SEI'IER FUND REVENUE 523 ,900.00 SHIER FUND E X f' ENS E S -------------------- --------------~----- , ) COLLECTION ~\dropolit.;:n \,'.::ste Control other Expens"s IDI.jJrJISTRATION ------------ .----------- ------------ ------------ 335,168.00 99,729.00 83,003,00 TOTAL SE\.'FR FUND EXPENSES 523,900,00 / 168,084,00 14,421.67 16,445,18 ------------ ------------ ------------ ------------ 198,950.85 74 52 100 75 50 85 81 62 CITY 0;: ANOOVER YEAR TO DATE SUW,ARIES GENERAL, WATER, SEWER N10 CENTRAL EQiJIP~UH FUNDS As of 31MJy93 \, / CENTRAL EQUIPI~ENT FUND REVENUE ---------------------- ---------------------- Oi,\RGES FOR SERVICE EQUIP/,IENT RENTALS TOTAL CHARGES FOR SERVICE MISCELLI~EOUS REVENUE INTERES T EARN CD SAH 0' US:ED EQUIPi,1EtH RW13URSEflENTS USE OF ~':;RKnjG CAPITAL TOTAL MISC REVENUE / TOTAL REVENUE CENTRAL EQUIPi,lEtH FUND EXPENSES ---------------------- ---------------------- FH:SONAL SERVICES OPERATING SUPPLIES & i,tUtJT Itt;URN1CE CCNTRACTUAL SERVICES CCNTINGENCY TOTAL FU!1D EXPENSES / Rev; ~ed Gud'.)et Ye,:if' to Date Per'centa'de I\ctua 1 Rem in; l1'd 115,562,00 71,974,00 37 115,562,00 71,974,00 37 2,000,00 675,01 66 ~O\OOO.OO \00 ------------ ------------ 127,562,00 I2,C49.01 43 ------------ ------------ 127,562,00 72,649,01 43 ------------ ---------~-- .._-----~---- ------------ 28,522,00 10,S67,L8 61 70,437,00 11,215.49 84 17,780,00 15,409,00 13 10,000.00 6,153,65 38 823 ,00 100 ---- -- -- ---- ------------ 127 ,562 .00 4L,242,2) C' '0 ------------ -----------~ ------------ ------------ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 ITEM N:). ORIGINATING DEPARTMENT Todd J. Haas, Engineering ~ APPROVED FOR AGENDA AGENDA SECTION N:). Non-Discussion Item BY: Accept Petition/Order Feasibility study/93-11/ Emerald Glen eI? (J . The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer, watermain, street and storm drain, project 93-11, in the Emerald Glen area. The City staff and TKDA are working with the City of Coon Rapids on details of the overall storm drainage system. I MOTION BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. , MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT SANITARY SEWER, WATERMAIN, STREET AND PROJECT NO. 93-11, IN THE AND ORDERING PREPARATION OF STORM DRAIN EMERALD GLEN AREA. WHEREAS, the City Council has received a petition, dated June 1, 1993 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000.00 . , 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council wlth a feasibility report. ) MOTION seconded by Councilmember and adopted by the City Council at a regular Meeting this 15th day of June 19 93 , with Councilmember voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor victoria Volk - city Clerk I .- 93-// " ~5bforb . I i1Bebelopment QCorporation, 3Jnc. 3640 - 152nd Lane NW. . Andover, MN 55304 . 427-9217 I,' May 21, 1993 Mr. Todd Haas Assistant city Engineer city of Andover 1685 Crosstown Boulevard NW Andover, Mn 55304 RE: PROPOSED Emerald Glen subdivision DECEiVED JUN - 1 1993 CITY OF ANDOVER Dear Mr. Haas Ashford Development corp. Inc. and Shamrock Development Inc. do hereby petition for improvements by the construction of water main, sanitary sewer, storm sewer and streets with concrete curb and gutter with the costs of the improvement to be assessed against the benefiting property which is described as: EMERALD GLEN Said petition is unanimous and the public hearing may be waived. We request possible. feasibility that a feasibility report We have enclosed a check report expenses. be prepared as for $1,000.00 soon as for the (THE $1,000.00 WILL BE CREDITED TOWARD 15% IMPROVEMENT ESCROW). Sincerely, ~w~ Ashford Development ., Inc. w~ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 ITEM t-O. Todd J. Haas, Engineering ~ APPROVED FOR AGENDA AGENDA SECTION t-O. Non-Discussion Item ORIGINATING DEPARTMENT BY: Approve Supplemental Feasibility Report/92-19/ Weybridge 3rd t5Z1. The city Council is requested to approve the Supplemental Feasibility Report for project 92-19, Weybridge 3rd Addition as prepared by TKDA. A copy of the report was handed out at the special City Council meeting of June 2, 1993. Please bring the copy with you to the meeting. MOTION BY: I TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 AGENDA t-O. SECTION ORIGINATING DEPARTMENT Todd J. Haas, Engineerin~~ APPROVED FOR AGENDA Non-Discussion Item ITEM t-O. BY: Approve Revised Grading Plan/ pinewood Estates 2nd, Cont. t:f!X~ . The City Council is requested to approve the revised grading, drainage and erosion control plan of Pinewood Estates 2nd Addition as being developed by Continental Development Corporation. The City Staff and the developer and his engineer have not met to discuss the issue on the mottling changes that have been made. They have been reviewed by the Building Official. Therefore, it is recommended to approve the revised plan. MOTION BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ) RES. NO. A RESOLUTION APPROVING THE REVISED PINEWOOD ESTATES 2ND ADDITION CONTINENTAL DEVELOPMENT CORP. RANGE 24, ANOKA COUNTY, MINNESOTA. GRADING AND DRAINAGE PLAN OF AS BEING DEVELOPED BY IN SECTION 27, TOWNSHIP 32, WHEREAS, the Andover Review Committee has reviewed the revised grading and drainage plan; and WHEREAS, Resolution No. 089-92 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading and drainage plan with a revision date of June 10, 1993 . NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Andover to hereby approve the revised grading and drainage plan. Adopted by the City Council of the City of Andover this 15th day of , 19 93. June CITY OF ANDOVER '\ ) ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk " j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 ITEM t-O. ORIGINATING DEPARTMENT Todd J. Haas, Engineerin~ APPROVED FOR AGENDA AGENDA SECTION t-O. Non-Discussion Item BY: Approve Final Plat/ Kadlec Estates .eo?.3 . The City Council is requested to approve the final plat for Kadlec Estates as requested by Kadlec Construction company in Section 8-32-24. Comments The final plat is in compliance with the preliminary plat. It is recommended that the plat be approved subject the the following: 1. The City Attorney presenting a favorable title opinion. ) 2. security to cover legal, engineering, street sign and installation costs to be determined by the city Engineer. 3. The developer provide a performance bond or a one-year warranty escrow as determined for the street and storm sewer improvement as determined by the City Engineer from the time construction is complete. 4. The developer escrow for the uncompleted grading and street construction of the site which is to be determined by the City Engineer and shall enter into a development contract with the city. If the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 5. street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. CONTINUED MOTION BY: ; TO: \ J / '\ ) 6. Park dedication as determined by the Park and Recreation Commission. 7. Receipt of all necessary drainage and utility easements outside the plat. Note: The variances in the resolution were approved as part of the preliminary plat of Kadlec Estates. '\ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \ ) RES. NO. A RESOLUTION APPROVING THE FINAL PLAT OF KADLEC ESTATES AS BEING DEVELOPED BY KADLEC CONSTRUCTION COMPANY IN SECTION 8-32-24. WHEREAS, the City Council approved the preliminary plat of Kadlec Estates ; and WHEREAS, the developer has presented the final plat of Kadlec Estates WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Kadlec Estates contingent upon receipt of the following: 1. The City Attorney presents a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer provide a one-year warranty escrow or bond for the street and storm sewer improvement as determined by the City Engineer. , ) 4. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer and shall enter into a development contract with the City. If the site is complete, a letter from the developer's engineer that lots and streets are graded accordingly to the grading plan submitted and approved by the City. 5. Street lights costs to be paid to Anoka Electric Cooperative. 6. park dedication is to be cash in lieu of land as allowed in Ordinance 10, Section 9.07. BE IT FURTHER RESOLVED citing the following: 1. Variance is required for 153rd Avenue NW as the street is offset approximately 20 feet from the existing 153rd Avenue NW from Lakeridge as indicated in Ordinance 10, Section 9,03(e). 2. V~riance is required for Lot 1, Block 1 from Ordinance 10, Section 9.02(c) as the lot directly accessed to Round Lake Boulevard. If the home is destroyed the lot is required to front and access 153rd Avenue NW. 3. The developer is responsible to obtain all permits from the '\ Watershed Management Organization, DNR, Corps of Engineers, LGU and any other agency that is interested in the site. \ 4. The City Staff and PCA Staff make a final inspection of the ) cleanup of the dump site. Adopted by the City Council of the City of Andover this 15th day of June , 19 93. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: Victorla Volk - City Clerk " / " ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 AGENDA t-O. SECTION staff, Committee, Commission ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM 1\0. Planning ~ Tree Commission Appointments BY: David L. Carlberg, City Planner eJ?.t/. REQUEST The Andover City Council is asked to re-appoint Bob whitcraft and Brian Lubbers to the Andover Tree Commission. Their terms will expire on December 31, 1994. j MOTION BY: '\ / TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 AGENDA t-O. SECTION Non-Discussion Items ORIGINATING DEPARTMENT Admin. APPROVED FOR AGENDA ITEM t-O. Adopt Resolution Appointing Acting city Administrator v. Volk ~.b# BY: e::<.5" , The City Council is requested to adopt the attached resolution appointing Daryl E. Sulander as Acting City Administrator. ) MOTION BY: TO: \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -93 A RESOLUTION APPOINTING AN ACTING CITY ADMINISTRATOR. WHEREAS, in the absence of the City Administrator it is necessary to appoint an Acting City Administrator. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby appoint Daryl E. Sulander as Acting City Administrator. Adopted by the City Council of the City of Andover this day of June , 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor / Victoria Volk - City Clerk ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 15, 1993 DATE AGENDA t-O. SECTION Non-Discussion Items ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM t-O. Adopt Resolution/Deferred Compensation plan D~ryl E. ~ulandec.O/ BY: ~V:rY Flnance Dlrector~ wen ~t.. REQUEST The Andover City Council is requested to adopt the attached resolution authorizing the I.C.M.A. deferred compensation plan. BACKGROUND The City Council approved the I.C.M.A. deferred compensation plan , at the May 18, 1993 meeting. The attached resolution is necessary I to execute the Administrative Services Agreement with I.C.M.A. MOTION BY: I TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " ; , RES. NO. R -93 A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN TO BE ADMINISTERED BY THE ICMA RETIREMENT CORPORATION. WHEREAS, the City of Andover has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the city of Andover by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Andover has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement corporation serves the above objectives; and '\ / WHEREAS, the City of Andover desires that its deferred compensation plan be administered by the ICMA Retirement corporation, and that the funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; NOW, THEREFORE, BE IT RESOLVED that the City of Andover hereby adopts the deferred compensation plan as referred to in Appendix A. BE IT FURTHER RESOLVED that the City of Andover hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the City of Andover,if the assets of the plan are to be invested in the ICMA Retirement Trust. BE IT FURTHER RESOLVED that the Finance Director shall be the coordinator for this program; shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the City of Andover, any required votes under the ICMA Retirement Trust; Administrative duties to carry out the plan may be assigned to the appropriate departments, and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. Adopted by the City Council of the City of Andover this day of June , 1993. 15th CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor / Victoria Volk - City Clerk H " it tt -L f"! , . . f . t' : f ~ I, .; Deferred Compensation Plan Document (Appendix A) " ~ ; . -\: ~ '. ] 'I' , . i.l :1 I 101.-\ RETIRDIENT CORPORATIO:\' . ..'i<=" . E:-;' 08/89 DEFERRED COMPENSATION PLAN DOCUMENT ARTICLE I. INTRODUCTION The Employer hereby establishes the Employer's Deferred Compensation Plan. hereinafter referred to as the "Plan." The Plan consists of the provisions set forth in this document. The primary purpose of this Plan is to provide retirement income and other deferred benefits to the Employees of the Employer in accordance with the provisions of Section 457 of the Intemal Revenue Code of 1986, as amended (the "Code"). This Plan shall be an agreement solely between the Employer and participating Employees. ARTICLE II. DEFINITIONS Section 2.01 Account: The bookkeeping account maintained for each Participant reflecting the cu- mulative amount of the Participant's Deferred Com- pensation, including any income. gains, losses. or increases or decreases in market value attributable to the Employer's investment of the Participant's Deferred Compensation, and further reflecting any distributions to the Participant or the Participant's Beneficiary and any fees or expenses charged against such Participant's Deferred Compensation. Section 2.02 Administrator: The person or persons named to carry out certain nondiscretionary ad- ministrative functions under the Plan. as hereinafter described. The Employer may remove any person as Administrator upon 60 days' advance notice in writing to such person. in which case the Employer shall name another person or persons to act as Administrator. The Administrator may resign upon 60 days' advance notice in writing to the Employer. in which case the Employer shall name another person or persons to act as Administrator. Section 2.03 Beneficiary: The person or persons desig- nated by the Participant in his Joinder Agreement who shall receive any benefits payable hereunder in the event of the Participant's death, In the event that the Participant names two or more Beneficiaries, each Beneficiary shall be entitled to equal shares of the benefits payable at the Participant's death. un- less otherwise provided in the Participant's Joinder Agreement. If no beneficiary is designated in the Joinder Agreement. if the Designated Beneficiary predeceases the Participant, or if the designated Beneficiary does not survive the Participant for a period of fifteen (15) days, then the estate of the Participant shall be the Beneficiary. Section 2.04 Deferred Compensation: The amount of Normal Compensation otherwise payable to the Participant which the Participant and the Employer mutually agree to defer hereunder, any amount credited to a Participant's Account by reason of a transfer under section 6.03, or any other amount which the Employer agrees to credit to a Participant's Account. Section 2.05 Employee: Any individual who provides services for the Employer. whether as an employee of the Employer or as an independent contractor, and who has been designated by the Employer as eligible to participate in the Plan. Section 2.06 Includible Compensation: The amount of an Employee's compensation from the Employerfor a taxable year that is attributable to services per- formed for the Employer and that is includible in the Employee's gross income for the taxable year for federal income tax purposes; such term does not include any amount excludable from gross income under this Plan or any other plan described in Section 457(b) of the Code or any other amount excludable from gross income for federal income tax purposes. Includible Compensation shall be deter- mined without regard to any community property laws. Section 2.07 Joinder Agreement: An agreement en- tered into between an Employee and the Employer. including any amendments or modifications thereof. Such agreement shall fix the amount of Deferred Compensation, specify a preference among the investment altematives designated by the Employer. designate the Employee's Beneficiary or BenefiCia- ries. and incorporate the terms. conditions. and provisions of the Plan by reference. Section 2.08 Normal Compensation: The amount of compensation which would be payable to a Partici- pant by the Employer for a taxable year if no Joinder Agreement were in effect to defer compensation under this Plan. Section 2.09 Normal Retirement Age: Age 70-1/2, un- less the Participant has elected an alternate Normal Retirement Age by written instrument delivered to the Administrator pnor to Separation from Service. A Participant's Normal Retirement Age determines the period during which a Pal1lcipant may utilize the catch-up limitation of Section 5.02 hereunder. Once a Particioant has to anv extent utilized the catch-uo limitation of Section 5.02. his/her Normal Retire- ment age may not be changed. A Participant's alternate Normal Retirement Age may not be earlier than the earliest date that the Participant will become eligible to retire and receive unreduced retirement benefits under the Employer's basic retirement plan covering the Participant and may not be later than the date the Participant will attain age 70-1/2. If a Participant continues employ- ment after attaining age 70-1/2, not having previ- ously elected an alternate Normal Retirement Age, the Participant's alternate Normal Retirement Age shall not be later than the mandatory retirement age. if any, established by the Employer. or the age at which the Participant actually separates from ser- vice if the Employer has no mandatory retirement age. If the Participant will not become eligible to receive benefits under a basic retirement plan maintained by the Employer, the Participant's alter- nate Normal Retirement Age may not be earlierthan age 55 and may not be later than age 70-1/2. Section 2.1 0 Participant: Any Employee who has joined the Plan pursuant to the requirements of Article IV. 'I ) Section 2.11 Plan Year: The calendar year. Section 2.12 Retirement: The first date upon which both of the following shall have occurred with respect to a participant: Separation from Service and attain- ment of age 65. Section 2.13 Separation from Service: Severance of the Participant's employment with the Employer which constitutes a .separation from service" within the meaning of Section 402(e)(4)(A)(iii) of the Code. In general. a Participant shall be deemed to have severed his employment with the Employer for pur- poses of this Plan when, in accordance with the established practices of the Employer. the employ- ment relationship is considered to have actually terminated. In the case of a Participant who is an independent contractor of the Employer. Separation from Service shall be deemed to have occurred when the Participant's contract under which ser- vices are pertormed has completely expired and terminated. there is no foreseeable possibility that the Employer will renew the contract or enter into a new contract for the Participant's services. and it is not anticipated that the Participant will become an Employee of the Employer. " ARTICLE III. ADMINISTRATION Section 3.01 Duties of Employer: The Employer shall have the authority to make all discretionary decisions affecting the rights or benefits of Participants which may, be required in the administration of this Plan. Section 3.02 Duties of Administrator: The Adminis- trator. as agent for the Employer. shall pertorm nondiscretionary administrative functions in con- nection with the Plan, including the maintenance of Participants' Accounts. the provision of periodic reports of the status of each Account, and the disbursement of benefits on behalf of the Employer in accordance with the provisions of this Plan. ARTICLE IV. PARTICIPATION IN THE PLAN Section 4.01 Initial Participation: An Employee may become a Participant by entering into a Joinder Agreement prior to the beginning of the calendar month in which the Joinder Agreement is to become effective to defer compensation not yet earned. Section 4.02 Amendment of Joinder Agreement: A Participant may amend an executed Joinder Agreement to change the amount of compensation not yet earned which is to be deferred (including the reduction of such future deferrals to zero) or to change his investment preference (subject to such restrictions as may result from the nature or terms of any investment made by the Employer). Such amendment shall become effective as of the begin- ning of the calendar month commencing after the date the amendment is executed. A Participant may at any time amend his Joinder Agreement to change tne designated Beneficiary, and such amendment shall become effective immediately. ARTICLE V. LIMITATIONS ON DEFERRALS __ S.ection 5.01 Normal Limitation: Except as provided in section 5.02, the maximum amount' of Deferred Compensation for any Participant for any taxable year shall not exceed the lesser of 57,500.00 or 33. 1/3 percent of the Participant's Includible Compen- sation for the taxable year. This limitation will ordi- narily be equivalent to the lesser of 57.500.00 or 25 percent of the Participant's Normal Compensation. ./ '\ ./ Section 5.02 Catch-Up Limitation: For each of the last three (3) taxable years of a Participant ending be- fore his attainment of Normal Retirement Age. the maximum amount of Deferred Compensation shall be the lesser of: (1) 515,000 or (2) the sum of (i) the Normal Limitation for the taxable year, and (Ii) the Normal Limitation for each prior taxable year of the - . Participant commencing after 1978 less the amount of the Participant's Deferred Compensation for such prior taxable years. A prior taxable year shall be taken into account under the preceding sentence only if (i) the Participant was eligible to participate in the Plan for such year (or in any other eligible deferred compensation plan established under Section 457 of the Code which is properly taken into account pursuant to regulations under section 457), and (Ii) compensation (if any) deferred under the Plan (or such other plan) was subject to the deferral limitations set forth in Section 5,01. Section 5.03 Other Plans: The amount excludable from a Participant's gross income under this Plan or any other eligible deferred compensation plan under section 457 of the Code shall not exceed 57.500.00 (or such greater amount allowed under Section 5.02 of the Plan). less any amount excluded from gross income under section 403(b), 402(a)(8), or 402 (h)(l )(B) of the Code, or any amount with respect to which a deduction is allowable by reason of a contribution to an organization described in section 501 (c)(18) of the Code. ARTICLE VI. INVESTMENTS AND ACCOUNT VALUES Section 6.01 Investment of Deferred Compensation: All investments of Participant's Deferred Compen- sation made by the Employer, including all property and rights purchased with such amounts and all income attributable thereto, shall be the sole prop- erty of the Employer and shall not be held in trust for Participants or as collateral security forthe fulfillment of the Employer's obligations under the Plan. Such property shall be subject to the claims of general creditors of the Employer. and no Participant or Beneficiary shall have any vested interest or secured or preferred position with respect to such property or have any claim against the Employer except as a general creditor, Section 6.02 Crediting of Accounts: The Participant's Account shall reflect the amount and value of the investments or other property obtained by the Em- ployer through the investment of the Participant's Deferred Compensation. It is anticipated that the Empioyer's investments with respect to a Partici- pant will conform to the investment preference speCified in the Participant's Joinder Agreement, but nothing herein shall be construed to require the Employer to make any particular investment of a Participant's Deferred Compensation. Each Partici- pant shall receive periodiC reports. not less frequently than annually, showing the then-current value of his Account. Section 6.03 Transfers: (a) Incoming Transfers: A transfer may be accepted from an eligible deferred compensation plan maintained by another employer and credited to a Participant's Account under the Plan if (I) the Participant has separated from service with that employer and become an Employee of the Employer, and (ii) the other employer's plan pro- vides that such transfer will be made. The Employer may require such documentation from the prede- cessor plan as it deems necessary to effectuate the transfer, to confirm that such plan is an eligible deferred compensation pian within the meaning of Section 457 of the Code, and to assure that transfers are provided for under such plan. The Employer may refuse to accept a transfer in the form of assets other than cash. unless the Employer and the Administrator agree to hoid such other assets under the Plan. Any such transferred amount shall not be treated as a deferral subject to the limitations of Article V, except that, for purposes of applying the limitations of Sections 5.01 and 5.02. an amount deferred during any taxable year under the plan from which the transfer is accepted shall be treated as if it has been deferred under this Plan during such taxable year and compensation paid by the transferor employer shall be treated as if it had been paid by the Employer. (b) Outgoing Transfers: An amount may be trans. ferred to an eligible deferred compensation plan maintained by another employer, and charged to a Participant's Account under this Plan, if (i) the Par- ticipant has separated from service with the Em- ployer and become an empioyee of the other em- ployer, (ii) the other employer's plan provides that such transfer will be accepted. and (Iii) the Partici- pant and the employers have signed such agree- ments as are necessary to assure thatthe Employer's liability to pay benefits to the Participant has been discharged and assumed by the other employer. The Employer may require such documentation from the other plan as it deems necessary to effec- tuate the transfer. to confirm that such plan is an eligible deferred compensation plan within the meaning of section 457 of the Code. and to assure that transfers are provided for under such plan. Such transfers shall be made only under such circumstances as are permitted under section 457 of the Code and the regulations thereunder. Section 6.04 Employer Liability: In no event shall the Employer's liability to pay benefits to a Participant under Article VI exceed the value of the amounts credited to the Participant's Account: the Employer shall not be liable for losses arising from deprecia. tion or shrinkage in the value of any investments acquired under this Plan. ARTICLE VII. BENEFITS Section 7.01 Retirement Benefits and Election on Separation from Service: Except as otherwise provided in this Article VII, the distribution of a Participant's Account shall commence as of April 1 of the calendar year after the Plan Year of the Participant's Retirement. and the distribution of such Retirement benefits shall be made in accordance with one of the payment options described in Sec- tion 7.02. Notwithstanding the foregoing. the Partici- pant may irrevocably elect within 60 days following Separation from Service to have the distribution of benefits commence on a fixed or determinable date other than that described in the preceding sentence which is at least 60 days after the date such election is delivered in writing to the Employer and forwarded to the Administrator, but not later than April 1 of the year following the year of the Participant's Retire- ment or attainment of age 70-1/2, whichever is later. Section 7.02 Payment Options: As provided in Sections 7.01. 7,04, and 7,05, a Participant or Beneficiary may elect to have the value of the Participant's Account distributed in accordance with one of the following payment options. provided that such op- tion is consistent with the limitations set forth in Section 7.03: (a) Equal monthly, quarterly, semi.annual orannual payments in an amount chosen by the Participant. continuing until his Account is exhausted; (b) One lump-sum payment; (c) Approximately equal monthly, quarterly, semi- annual or annual payments, calculated to continue for a period certain chosen by the Participant. (d) Annual Payments equal to the minimum distributions required under Section 401 (a)(9) of the Code over the life expectancy of the Participant or over the life expectancies of the Participant and his/her Beneficiary. (e) Payments equal to payments made by the issuer of a retirement annuity policy acquired by the Employer. (I) Any other payment option elected by the Participant and agreed to by the Employer and Administrator, provided that such option must provide forsubstantially non increasing payments for any period after the latest benefit commencement date under Section 7.01. A Participant's or Beneficiary's election of a payment option must be made at least 30 days before the payment of benefits is to commence. If a Participant or Beneficiary fails to make a timely election of a payment option. benefits shall be paid monthly under option (c) above for a period of five years. Section 7.03 Limitation on Options: No payment option may be selected by a Participant or Beneficiary under Sections 7.02. 7,04, or 7,05 unless it satisfies the requirements of Sections401 (a)(9) and 457(d)(2) of the Code. including that payments commencing before the death of the Participant shall satisfy the incidental death benefits requirement under Section 457(d)(2)(B)(i)(I). Unless otherwise elected by the Participant. all determinations under Section 401 (a)(9) shall be made without recalculation of life expectancies. Section 7.04 Post-retirement Death Benefits: (a) Should the Participant die after he/she has begun to receive benefits under a payment option, the remaining payments, if any. under the payment option shall be payable to the Participant's Beneficiary commenc. ing within the 30-day period commencing with the 61st day after the Participant's death, unless the Beneficiary elects payment under a different pay. ment option that is available under Section 7.02 within 60 days of the Participant's death, Any different payment option elected by a Beneficiary under this section must provide for payments at a rate that is at least as rapid as under the payment option that was applicable to the Participant. In no event shaJlthe Employer or Administrator be liable to the Beneficiary for the amount of any payment made in the name of the Participant before the Administrator receives proof of death of the Participant. (b) If the designated Beneficiary does not continue to live for the remaining period of payments under the payment option, then the commuted value of any remaining payments under the payment option shall \ ,; be paid in a lump sum to the estate of the Benefi- ciary. In the event that the Participant's estate is the Beneficiary, the commuted value of any remaining payments under the payment option shall be paid to the estate in a lump sum. Section 7.05 Pre-retirement Death Benefits: (a) Should the Participant die before he/she has begun to - receive the benefits provided by Section 7.01. the value of the Participant's Account shall be payable to the Beneficiary commencing within the 30-day period commencing on the 91st day after the Participant'sdeath. unless the Beneficiary irrevocably elects a different fixed or determinable benefit com- mencement date within 90 days of the Participant's death. Such benefit commencement date shall be noUater than the later of (i) December 31 ofthe year following the year of the Participant's death, or (Ii) if the Beneficiary is the Participant's spouse. December 31 of the year in which the Participant would have attained age 70-1/2. (b) Unless a Beneficiary elects a different payment option prior to the benefit commencement date, death benefits under this Section shall be paid in approximately equal annual installments over five years, or over such shorter period as may be neces- sary to assure that the amount of any annual install- ment is not less than 53,500. A Beneficiary shall be treated as if he/she were a Participant for purposes of determining the payment options available under Section 7.02, provided, however. that the payment option chosen by the Beneficiary must provide for payments to the Beneficiary over a period no longer than the life expectancy of the Beneficiary, and provided that such period may not exceed fifteen (15)years if the Beneficiary is not the Participant's spouse. (c) In the event that the Beneficiary dies before the payment of death benefits has commenced or been completed. the remaining value of the Participant's Account shall be paid to the estate of the Beneficiary in a lump sum. In the event that the Participant's estate is the Beneficiary, payment shall be made to the estate in a lump sum. Section 7.06 Unforeseeable Emergencies: (a) In the event an unforeseeable emergency occurs, a Par- ticipant may apply to the Employer to receive that part of the value of his Account that is reasonably needed to satisfy the emergency need. If such an application is approved by the Employer, the Partici- pant shall be paid only such amount as the Employer deems necessary to meet the emergency need, but payment shall not be made to the extent that the financial hardship may be relieved through cessa- tion of deferral under the Plan, insurance or other reimbursement, or liquidation of other assets to the extent such liquidation would not itself cause severe financial hardship. (b) An unforeseeable emergency shall be deemed to involve only circumstances of severe financial hardship to the Participant resulting from a sudden unexpected illness, accident. or disability of the Participant or of a dependent (as defined in Section ---152(a) of the Code) of the Participant, loss of the Participant's property due to casualty, or other simi- lar and extraordinary unforeseeable circumstances arising as a result of events beyond the control of the Participant. The need to send a Participant's child to college or to purchase a new home shall not be considered unforeseeable emergencies. The deter- " ./ ", / mination as to whether such an unforeseeable emergency exists shall be based on the merits of each individual case. Section 7.07 Transitional Rule for Pre-1989 Benefit Elections: In the event that, prior to January 11989, a Participant or Beneficiary has commenced re- ceiving benefits under a payment option or has irrevocably elected a payment option or benefit commencement date, then that payment option or election shall remain in effect notwithstanding any other provision of this Plan, ARTICLE VIII. NON-ASSIGNABILITY Section 8.01 In General: Except as provided in Section 8.02, no Participant or Beneficiary shall have any right to commute, sell. assign. pledge, transfer or otherwise conveyor encumber the right to receive any payments hereunder. which payments and rights are expressly declared to be non-assignable and non-transferable. Section 8.02 Domestic Relations Orders: (a) Allow- ance of Transfers: To the extent required under a final judgment. decree. or order (including approval of a property settlement agreement) made pursuant to a state domestic relations law. any portion of a Participant's Account may be paid or set aside for payment to a spouse. former spouse. or child of the Participant. Where necessary to carry out the terms of such an order, a separate Account shall be established with respect to the spouse, former spouse, or child who shall be entitled to make investment selections with respect thereto in the same manner as the Participant; any amount so set aside for a spouse. former spouse, or child shall be paid out in a iump sum at the earliest date that benefits may be paid to the Participant. unless the order directs a different time or form of payment. Nothing in this Section shall be construed to autho- , rize any amount to be distributed under the Plan at a time or in a form that is not permitted under Section 457 of the Code. Any payment made to a person other than the Participant pursuant to this Section shall be reduced by required income tax withhold- ing; the fact that payment is made to a person other than the Participant may not prevent such payment from being includible in the gross income of the Participant for withholding and income tax reporting purposes. (b) Release from Liability to Participant: The Employer's liability to pay benefits to a Participant shall be reduced to the extent that amounts have been paid or set aside for payment to a spouse. former spouse. or child pursuant to paragraph (a) of this Section. No such transfer shall be effectuated unless the Employer or Administrator has been provided with satisfactory evidence that the Em- ployer and the Administrator are released from any further claim by the Participant with respect to such amounts. The Participant shall be deemed to have released the Employer and the Administrator from any claim with respect to such amounts, in any case in which (i) the Employer or Administrator has been served with legal process or otherwise joined in a proceeding relating to such transfer. (ii) the Partici- pant has been notified of the pendency of such proceeding in the manner prescribed by the law of the jurisdiction in which the proceeding is pending for service of process in such action or by mail from the Employer or Administrator to the Participant's last known mailing address, and (iii) the Partici- pant fails to obtain an order of the court in the proceeding relieving the Employer or Administra- tor from the obligation to comply with the judg- ment, decree, or order. (c) Participation in Legal Proceedings: The Em- ployer and Administrator shall not be obligated to defend against or set aside any judgment, decree, or order described in paragraph (a) or any legal order relating to the gamishment of a Participant's benefits, unless the full expense of such legal action is borne by the Participant. In the event that the Participant's action (or inaction) nonetheless causes the Employer or Administratorto incur such expense. the amount of the expense may be charged against the Participant's Account and thereby reduce the Employer's obligation to pay benefits to the Partici- pant. In the course of any proceeding relating to divorce, separation, or child support, the Employer and Administrator shall be authorized to disclose information relating to the Participant's Account to the Participant's spouse, former spouse, or child (including the legal representatives of the spouse, former spouse, or child), or to a court. ARTICLE IX. RELATIONSHIP TO OTHER PLANS AND EMPLOYMENT AGREEMENTS This plan serves in addition to any other retirement. pension, or benefit plan or system presently in existence or hereinafter established for the benefit of the Empioyer's employees, and participation hereunder shall not affect benefits receivable under any such plan or system. Nothing contained in this Plan shall be deemed to constitute an employment contract or agreement between any Partici- pant and the Employer or to give any Participant the right to be retained in the employ of the Employer. Nor shall anything herein be construed to modify the terms of any employment contract or agreement between a Participant and the Employer. ARTICLE X, AMENDMENT OR TERMINATION OF PLAN The Employer may at any time amend this Plan provided that it transmits such amendment in writing to the Administra- tor at least 30 days prior to the effective date of the amend- ment. The consent of the Administrator shall not be required in order for such amendment to become effective, but the Administrator shall be under no obligation to continue acting as Administrator hereunder if it disapproves of such amend- ment. The Employer may at any time terminate this Plan. The Administrator may at any time propose an amend. ment to the Plan by an instrument in writing transmitted to the Employer at least 30 days before the effective date of the amendment. Such amendment shall become effective un- less, within such 30-day period, the Employer notifies the Administrator in writing that it disapproves such amendment, in which case such amendment shall not become effective. In the event of such disapproval, the Administrator shall be under no obligation to continue acting as Administrator hereunder. If thiS Plan document constitutes an amendment and restatement of the Plan as previously adopted by the Employer, the amendments contained herein shall become effective on January 1, 1989. and the terms of the preceding Plan document shall remain in effect through December 31 , 1988. Except as may be required to maintain the status of the Plan as an eligible deferred compensation plan under Section 457 of the Code or to comply with other applicable laws. no amendment or termination of the Plan shall divest any Participant of any rights with respect to compensation de- ferred before the date of the amendment or terminallon. ARTICLE XI, APPLICABLE LAW This Plan shall be construed under the laws of the state where the Employer is located and is established with the intent that it meet the requirements of an -"Iigible deferred compensation plan" under Section 457 of the Code. as amended. The provisions of this Plan shall be interpreted wherever possible in conformity with the requirements of that section. ARTICLE XII. Any notice to a party of this plan document shall be given at the last address provided in writing from one party to another party. Any notice such mailed shall be determined to have been received by such party. Declaration of Trust of the leMA Retirement Trust (Appendix B) IDIA RETIREMENT CORPORATIO;\l DECLARATION OF TRUST OF ICMA RETIREMENT TRUST " ) / ARTICLE I. NAME DEFINITIONS Section 1.1 Name: The Name of the Trust. as amended and restated hereby, is the ICMA Retirement Trust. Section 1.2 Definitions: Wherever they are used herein, the following terms shall have the following respective meanings: (a) Bylaws. The bylaws referred to in Section 4.1 hereof, as amended from time to time. (b) Deferred Compensation Plan. A deferred compensation plan established and maintained by a Public Employer for the purpose of providing retirement income and other deferred benefits to its employees in accordance with the provision of section 457 of the Internal Revenue Code of 1954, as amended. (c) Employees. Those employees who participate in Qualified Plans. (d) Employer Trust. A trust created pursuant to an agreement between RC and a Public Employer for the purpose of investing and administering the funds set aside by such Employer in connection with its Deferred Compensation agreements with its employees or in connection with its Qualified Plan. (e) Guaranteed Investment Contract. A contract entered into by the Retirement Trust with insurance companies that provides for a guaranteed rate of return on investments made pursuant to such contract. (f) ICMA. The International City Management Association. (g) ICMAlRC Trustees. Those Trustees elected by the Public Employers who, in accordance with the provisions of Section 3.1 (a) hereof, are also members, or former members, of the Board of Directors of ICMA or RC. (h) Investment Adviser. The Investment Adviser that enters into a contract with the Retirement Trust to provide advice with respect to investment of the Trust Property. (I) Portfolios. The Portfolios of investment established bv the Investment Adviser to the Retirement Trust, under the supervision of the Trustees, for the purpose of providing investments for the Trust Property . Gl Public Employee Trustees. Those Trustees elected by the Public Employers who. in accordance with the provision of Section 3.1 (a) hereof, are full- time employees of Public Employers. (k) Public Employer Trustees. Public Employers who serve as trustees of the Qualified Plans. .(1) Public Employer. A unit of state or local government. or any agency or instrumentality thereof, that has adopted a Deferred Compensation Plan or a Qualified Plan and has executed this Declaration of Trust. (m) Qualified Plan. A plan sponsored by a Public Employer for the purpose of providing retirement income to its employees which satisfies the qualification requirements of Section 401 of the Internal Revenue Code, as amended. (n) RC. The International City ManagementAssociation Retirement Corporation. '\ ) (0) Retirement Trust. The Trust created by' the Declaration of Trust. (p) Trust Property. The amounts held in the Retirement Trust on behalf of the Public Employers in connection with Deferred Compensation Plans and on behalf of the Public Employer Trustees for the exclusive benefit of Employees pursuant to Qualified Plans. The Trust Property shall include any income resulting from the investment to the amounts so held. (q) Trustees. The Public Employee Trustees and ICMAlRC Trustees elected by the Public Employers to serve as members ofthe Board of Trustees of the Retirement Trust. ARTICLE II. CREATION AND PURPOSE OF THE TRUST; OWNERSHIP OF TRUST PROPERTY Section 2.1 Creation: The Retirement Trust is created and established by the execution of this Declaration of Trust by the Trustees and the Public Employers. Section 2.2 Purpose: The purpose of the Retirement Trust is to provide for the commingled investment of funds held by the Public Employers in connection with their Deferred Compensation and Qualified Plans. The Trust Property shall be invested in the Portfolios. in Guaranteed Investment Contracts. and in other invest- ments recommended by the Investment Adviser under the supervision of the Board of Trustees. No part of the Trust Property will be invested in securities issued by Public Employers. Section 2.3 Ownership of Trust Property: The Trustees shall have legal title to the Trust Property. The Public Employers shall be the beneficial owners of the portion of the Trust Property allocable to the Deferred Com- pensation Plans. The portion of the Trust Property allocable to the Qualified Plans shall be held for the Public Employer Trustees for the exclusive benefit of the Employees. ARTICLE III. TRUSTEES Section 3.1 Number and Qualification of Trustees: (a)The Board of Trustees shall consist of nine Trustees, Five of the Trustees shall be full-time employees of a Public Employer (the Public Employee Trustees) who are authorized by such Public Employerto serve as Trustee. The remaining four Trustees shall consist of two per- sons who, at the time of election to the Board of Trustees, are members of the Board of Directors of ICMA and two persons who, at the time of election. are members of the Board of Directors of RC (the ICMAlRC Trustees. One of the Trustees who is a director of ICMA, and one of the Trustees who is a director of RC, shall. at the time of election, be full-time employees of a Public Employer. (b) No person may serve as a Trustee for more than one term in any ten-year period. Section 3.2 Election and Term: (a) Except forthe Trustees appointed to fill vacancies pursuant to Section 3.5 hereof. the Trustees shall be elected by a vote of a - majority of the Public Employers in accordance with the procedures set forth in the By-Laws. (b) At the first election ofTrustees, three Trustees shall be elected for a term ofthreeyears, three Trustees shall be elected for a term of two years and three Trustees shall ,be elected for a term of one year. At each subsequent election, three Trustees shall be elected for a term of three years and until his or her successor is elected and qualified. Section 3.3 Nominations: The Trustees who are full-time employees of Public Employers shall serve as the Nominating Committee for the Public Employee Trust. ees. The Nominating Committee shall choose candi- dates for Public Employee Trustees in accordance with the procedures set forth in the By-Laws. Section 3.4 Resignation and Removal: (a) Any Trustee may resign as Trustee (without need for prior or subse- quent accounting) by an instrument in writing signed by the Trustee and delivered to the other Trustees and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instru- ment. Any of the Trustees may be removed for cause, by a vote of a majority of the Public Employers. (b) Each Public Employee Trustee shall resign his or her position as Trustee within sixty days of the date on which he or she ceases to be a full-time employee of a Public Employer. ' Section 3.5 Vacancies: The term of office of a Trustee shall terminate and a vacancy shall occur in the event of the death, resignation, removal, adjudicated incompetence or other incapacity to periorm the duties of the office of a Trustee. In the case of a vacancy, the remaining Trustees shall appoint such person as they in their discretion shall see fit (subject to the limitations set forth in this Section), to serve forthe unexpired portion of the term of the Trustee who has resigned or otherwise ceased to be a Trustee. The appointment shall be made by a written instrument signed by a majority of the Trustees. The person appointed must be the same type of Trustee (I.e., Public Employee Trustee or ICMN RC Trustee) as the person who has ceased to be a Trustee. An appointment of a Trustee may be made in anticipation of a vacancy to occur at a later date by reason of retirement or resignation, provided that such appointment shall not become effective prior to such retirement or resignation. Whenever a vacancy in the number of Trustees shall occur. until such vacancy is filled as provided in this Section 3.5, the Trustees in office. regardless of their number. shall have all the powers granted to the Trustees and shail discnarge all the duties imposed upon the Trustees by this Declara- tion, A written instrument certifying the existence of such vacancy signed by a majority of the Trustees shall be conclusive evidence of the existence of such va- cancy. Section 3.6 Trustees Serve in Representative Capacity: By executing this Declaration, each Public Employer agrees that the Public Employee Trustees elected by the Public Employers are authorized to act as agents and representatives of the Public Employers collec- tively, ARTICLE IV. POWERS OF TRUSTEES Section 4.1 General Powers: The Trustees shall have the powerto conduct the business of the Trust and to carry on its operations. Such power shall include, but shall not be limited to, the power to: (a) receive the Trust Property from the Public Employers, Public Employer Trustees or other Trustee of any Employer Trust; (b) enter into a contract with an Investment Adviser providing, among other things, forthe establishment and operation of the Portfolios, selection of the Guaranteed Investment Contracts in which the Trust Property may be invested, selection of the other investments far the Trust Property and the payment of reasonable fees to the Investment Adviser and to any sub-investment adviser retained by the Investment Adviser; (c) review annually the periormance of the Investment Adviser and approve annually the contract with such Investment Adviser, (d) invest and reinvest the Trust Property in the Portfolios. the Guaranteed Interest Contracts and in any other investment recommended by the Investment Adviser, but not including securities issued by Public Employers, provided that if a Public Employer has directed that its monies be invested in specified Portfolios or in a Guaranteed Investment Contract, the Trustees of the Retirement Trust shall invest such monies in accordance with such directions; (e) keep such portion of the Trust Property in cash or cash balances as the Trustees, from time to time, may deem to be in the best interest of the Retirement Trust created hereby without liability for interest thereon; (f) accept and retain for such time as they may deem advisable any securities or other property received or acquired by them as Trustees hereunder, whether or not such securities or other property would normally be purchased as investment hereunder; (g) cause any securities or other property held as part of the Trust Property to be registered in the name of the Retirement Trust or in the name of a nominee. and to hold any investments in bearerfrom. but the books and records of the Trustees shall at all times shaw that all such investments are a part of the Trust Property; (h) make, execute, acknowledge. and deliver any and all documents of trans fer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (i) vote upon any stock. bonds. or ather securities; give general or special proxies or powers of attorney with or without power of substitution:exercise any conversion privileges. subscription rights. or other options, and make any payments incidental thereto; appose. or consent to. or otherwise participate in. corporate reorganizations or to other changes affecting corporate securities. and delegate discretionary powers and pay any assessments or charges in connection therewith: and generally exercise any of the powers of an owner with respect to stacks. bands. securities or other property held as part of the Trust Property; (j) enter into contracts or arrangements for goods or services required in connection with the operation of the Retirement Trust, including. but not limited to. contracts with custodians and contracts for the provision of administrative services; (k) borrow or raise money far the purposes of the Retirement Trust in such amount. and upon such terms and conditions. as the Trustees shall deem advisable. provided that the aggregate amount of such borrowings shall not exceed 30% of the value of the Trust Property. No person lending money to the Trustees shall be bound to see the application of the money lent or to inquire into its validity, expediency or propriety or any such borrowing; (I) incur reasonable expenses as required for the operation of the RetirementTrust and deduct such expenses from of the Trust Property; (m) pay expenses properly allocable to the Trust Property incurred in connection with the Deferred Compensation Plans, Qualified Plans. or the Employer Trusts and deduct such expenses from the portion of the Trust Property to wham such expenses are properly allocable; (n) payout of the Trust Property all real and personal property taxes. income taxes and ather taxes of any and all kinds which. in the opinion of the Trustees. are properly levied. or assessed under existing or future laws upon, or in respect of. the , \ J Trust Property and allocate any such taxes to the appropriate accounts; (0) adopt. amend and repeal the bylaws. provided that such bylaws are at all times consistent with the terms of this Declaration of Trust; (p) employ persons to make available interests in the u Retirement Trust to employers eligible to maintain a Deferred Compensation Plan under Section 457 or a Qualified Plan under Section 401 ofthe Intemal Revenue Code, as amended; (q) issue the Annual Report of the Retirement Trust, and the disclosure documents and other literature used by the Retirement Trust; (r) make loans, including the purchase of debt obligations. provided that all such loans shall bear interest at the current market rate; (s) contract for, and delegate any powers granted hereunder to. such officers. agents, employees. auditors and attomeys as the Trustees may select, provided that the Trustees may not delegate the powers setforth in paragraphs (b), (c) and (0) of this Section 4.1 and may not delegate any powers if such delegation would violate their fiduciary duties; (t) provide for the indemnification of the Officers and Trustees of the Retirement Trust and purchase fiduciary insurance; (u) maintain books and records. including separate accounts for each Public Employer. Public Employer Trustee or Employer Trust and such additional separate accounts as are required under, and consistent with. the Deferred Compensation or Qualified plan of each Public Employer; and (v) do all such acts, take all such proceedings. and exercise all such rights and privileges. although not specifically mention herein. as the Trustees may deem necessary or appropriate to administer the Trust Property and to carry out the purposes of the Retirement Trust. Section 4.2 Distribution of Trust Property: Distributions of the Trust property shall be made to. or on behalf of. the Public Employer or Public Employer Trustee. in accor- dance with the terms of the Deferred Compensation Plans. Qualified Plans or Employer Trusts. The Trust- ees of the Retirement Trust shall be fully protected in making payments in accordance with the directions of the Public Employers, Public Employer Trustees or other Trustee of the Employer Trusts without ascertain- ing whether such payments are in compliance with the provision of the Deferred Compensation or Qualified Plans, or the agreements creating the Employer Trusts. Section 4.3 Execution of Instruments: The Trustees may' unanimously designate anyone or more of the Trust- ees to execute any instrument or document on behalf of all, including but not limited to the signing or endorse- ment of any check and the signing of any applications. insurance and other contracts, and the action of such designated Trustee or Trustees shall have the same force and effect as if taken by all the Trustees. ARTICLE V. DUTY OF CARE AND LIABILITY OF TRUSTEES Section 5.1 Duty of Care: In exercising the powers hereinbefore granted to the Trustees, the Trustees shall perform all acts within their authority for the exclusive purpose of providing benefits for the Public Employers in connection with Deferred Compensation Plans and Public Employer Trustees pursuantto Quali- fied Plans. and shall perform such acts with the care, skill, prudence and diligence in the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. ) '. / Section 5.2 Liability: The Trustees shall not be liable for any mistake of judgment or other action taken in good faith, ' and for any action taken or omitted in reliance in good faith upon the books of account or other records of the Retirement Trust, upon the opinion of counsel, or upon reports made to the Retirement Trust by any of its officers, employees or agents or by the Investment Adviser or any sub-investment adviser. accountants, appraisers or other experts or consultant selected with reasonable care by the Trustees, officers or employees of the Retirement Trust. The Trustees shall also not be liable for any loss sustained by the Trust Property by reason of any investment made in good faith and in accordance with the standard of care set forth in Section 5.1. Section 5.3 Bond: No Trustee shall be obligated to give any bond or other security for the performance of any of his or her duties hereunder. ARTICLE VI. ANNUAL REPORT TO SHAREHOLDERS The Trustees shall annually submit to the Public Employers and Public Employer Trustees a written report of the transac- tions of the Retirement Trust, including financial statements which shall be certified by independent public accountants chosen by the Trustees. ARTICLE VII. DURATION OR AMENDMENT OF RETIREMENT TRUST Section 7.1 Withdrawal: A Public Employer or Public Em- ployer Trustee may, at any time. withdraw from this Retirement Trust by deiivering to the Board of Trustees a written statement of withdrawal. In such statement, the Public Employer or Public Employer Trustee shall acknowledge that the Trust Property allocable to the Public Employer is derived from compensation de- ferred by employees of such Public Employer pursuant to its Deferred Compensation Plan or from contribu- tions to the accounts of Employees pursuant to a Qualified Plan. and shall designate the financial institu- tion to which such property shall be transferred by the Trustees of the Retirement Trust or by tne Trustee of the Employer Trust. Section 7.2 Duration: The Retirement Trust shall continue until terminated by the vote of a majority of the Public Employers. each casting one vote. Upon termination. all of the Trust Property shall be paid out to the Public Employers. Public Employer Trustees or the Trustees of the Employer Trusts. as appropriate. Section 7.3 Amendment: The Retirement Trust may be amended by the vote of a majority of the public Employ- ers. each casting one vote, Section 7.4 Procedure: A resolution to terminate or amend the Retirement Trust or to remove a Trustee shall be submitted to a vote of the Public Employers if: (i) a majority of the Trustees so direct. or; (ii) a petition requesting a vote signed by not less that 25 percent of the Public Employers, is submitted to the Trustees. ARTICLE VIII. MISCELLANEOUS Section 8.1 Governing Law: Except as otherwise required by state or local law. this Declaration of Trust and the Retirement Trust hereby created shall be construed and regulated by the laws of the District of Columbia. Section 8.2 Counterparts: This Declaration may be ex- ecuted by the Public Employers and Trustees in two or more counterparts. each of which shall be deemed an original but all of which together shall constitute one and the same instrument. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 AGENDA t-O. SECTION ORIGINATING DEPARTMENT Todd J. Haas, ~ Engineering APPROVED FOR AGENDA Non-Discussion Item ITEM t-O. BY: Accept Easement/Hurst Property ,;;7. The City Council is requested to approve the attached easement agreement which has been executed by Kurt and Susan Hurst. MOTION BY: \ I TO: ,/ EASEMENT GRANT , ) THIS EASEMENT, made this _ day of , 19_, by Kurt W. Hurst and Susan D. Hurst, husband and wife, Grantors, to- the City o,f Andover, a municipal corporation, Grantees, County of Anoka, State of Minnesota. WITNESSETH, that Kurt W. Hurst and Susan D. Hurst for value received do hereby dedicate to the City of Andover a permanent easement over the land located within the City of Andover, County of Anoka, State of Minnesota, described as follows: 1 . A permanent easement for drainage and utility purposes over that part of Lot 5 WATTS GARDEN ACRES, according to the recorded plat thereof, Anoka County, Minnesota, which lies within a snip of land 60.00 feet in width, the center line of said strip of land is described as follows: I Beginning at the intersection of the south line of said Lot 5 with the center line of Martin Street NW. as dedicated in the plat of PHEASANT MEADOWS, according to the recorded plat thereof, Anoka County, Minnesota: Thence North 0 degrees 18 minutes 23 seconds East, assumed bearing, parallel with the west line of said Lot 5, a distance of 0.44 feet; thence northerly along a tangential curve concave to the west, having a radius of 200.00 feet and a central angle of 4 degrees 39 minutes 19 seconds, a distance of 16.25; thence North 4 degrees 20 minutes 55 seconds West, tangent to said curve, a distance of 96.29 feet; thence Northeasterly along a tangential curve, concave to the southeast, having a radius of 50.00 feet and a central angle of 95 degrees 28 minutes 01 seconds, a distance of 83.31 feet; thence South 88 degrees 52 minutes 54 second East, tangent to said curve, a distance of 37.53 feet and said line there terminating. The side lines of said easement shall be lengthened or shortened to terminate on the south line of said Lot 5. 2. A permanent easement for drainage and utility purposes over that part of said Lot 5 which lies within a strip of land 30.00 feet in width, the east line of said strip of land is described as follows: Beginning at the terminus of the above described line; thence North 1 degree 07 minutes 06 seconds East, a distance of 160.00 feet to the north line of said Lot 5, and said line there terminating. 3. A temporary easement for construction purposes to expire on September 1, 1994 over that part of said Lot 5 which lies within a strip of land 100.00 feet in width and 50.00 feet on each side of easement described in Paragraph 2 herein. \ ,," 4. A permanent easement for drainage and utility purposes over, under and across the Southerly 1 0 feet of the Westerly 787.47 feet of said Lot 5, together with a temporary construction easement to terminate on September 1, 1994 over, under and across the Northerly 10 feet of the Southerly 20 feet of the Westerly 787.47 feet,of said LO,t 5. " ) 5. A permanent easement for drainage and utility purposes over that part of Lot 5 WATTS GARDEN ACRES, according to the recorded plat thereof, Anoka County, Minnesota, which lies within a strip of land 60.00 feet in width, the center line of said strip of land is described as follows: Beginning at the intersection of the south line of said Lot 5 with the center line of 134th LANE NW as dedicated in the plat of PHEASANT MEADOWS, according to the recorded plat thereof, Anoka county, Minnesota; ( for the purposes of this description, the west line of said Lot is assumed to bear North 0 degrees 18 minutes, 23 seconds east); thence North 18 degrees 44 minutes 29 seconds East a Distance of 25.00 feet; thence northeasterly along a tangential curve concave to the southeast, having a radius of 200.00 feet and a central angle of 12 degrees 57 minutes 37 seconds, a distance of 45.24 feet, and said line thence terminating. The side lines of said strip of land shall be lengthened or shortened to terminate on the South line of said Lot 5. ) 6. A permanent easement for drainage and utility purposes over that part of said Lot 5 which lies within a strip of land 42.00 feet in width, said strip of land being 30.00 feet to the right and 12.00 feet to the left of the following described line: Beginning at the terminus of the above described center line: thence continuing northeasterly along said 200.00 foot radius curve, a distance of 79.40 feet, central angle 22 degrees 44 minutes 47 seconds, and said line there terminating. 7. A permanent easement for drainage and utility purposes over that part of said Lot 5 which lies within a strip of land 60.00 feet in width, the center line of said strip of land is described as follows: Beginning at the terminus of the above described line; thence continue northeasterly along said 200.00 foot radius curve, a distance of 132.04 feet, central angle 37 degrees 49 minutes 32 seconds; thence South 87 degrees 43 minutes 35 seconds East, tangent to said curve, a distance of 62.45 feet to the east line of said Lot 5, and said line thence terminating. '\ ./ The side lines of said strip of land shall be lengthened or shortened to terminate on the East line of said Lot 5. " " 8. A permanent easement for drainage and utility purposes over that part of Lot 5 of Watts Garden Acres, according to the recorded plat thereof, Anoka County, Minnesota described as follows: \ ) The westerly 40 feet of the nprtherly 60 feet of Lot 5, Watts Garden Acres. State Deed Tax Due: None IN WITNESS WHEREOF, Kurt W. Hurst and Susan D. Hurst have caused these presents to be executed or have set their hands the day and year first above written. IN PRESENCE OF: -:l4/~ 7;/// Ik~ ~''';f w- lk~ Kurt W. Hurst 0./.au u}. '-/J.f,f~ Susan D. Hurst STATE OF MINNESOTA ) ) ss. ) COUNTY OF ANOKA , On this 1)~ day of Q-,-,-, , 19 9--3 before me, a notary public within and for said County, personally appeared Kurt W. Hurst and Susan D. Hurst, husband and wife, to me known to be the person(s) described in and who executed the foregoing instrument and they executed the same as their free act and deed. ./ ?f~;I:~-~l:"'ft~~'tf,",~...oll1 ,~, /~ SHIRLE'I,c.. CLINTON ~ !.!~~\ NOTARY PUSUC - M!NN~SOTA :? ';:'\" ""$--.I A".~vA CO"~ITY :; (~ ,..:-;;:t.,.. ""I I.,........!""\ 'VI A ';' . ~ :.Iy Co._issia., €tpim Cd.. 12. 1 ens " t*~$..t-:S~~~~ .Nl....~""....,fV...rd!,1.i'n!li\~..;e :oJ . "'..,.....,.,.-~.\._...- "'7-.....,,..,'"7"" _ .... .. ~<;;' kJ:i<_t? r..ft..,.-..:t-"""" Not~ry Public NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on , 19_, the above described easement in this document. Dated: ,19_ CITY OF ANDOVER (SEAL) By Clerk This instrument was drafted by: Burke and Hawkins, P.L.C. 299 Coon Rapids Blvd., #101 \ Coon Rapids, MN 55433 ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 15, 1993 AGENDA SECTION NO. Approval of Claims ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM t-O. Approval of Claims D~ryl E. ~uland~dO, BY:\i.. F;n/ Flnance Dlrector(!Yy ~ REQUEST The Andover City Council is requested to approve total Claims in the amount of $3,571,206.08 . / Claim~ per disbursement edit list dated 6/15/93: $ Claims per wire transfer to First Trust for 1990A G.O. Improvement Bonds: 1991A G.O. Improvement Bonds: 1991B G.O. Improvement Bonds: 584,718.58 2,578,125.00 316,562.50 91,800.00 Total Claims: $3,571,206.08 ------------- ------------- MOTION BY: j TO: DATE: June 15, 1993 ITEMS GIVEN TO THE CITY COUNCIL Park and Recreation Commission Minutes - May 20, 1993 Plannin and Zonin Commission Minutes - Ma 25, 1993 City Council Minutes - June 1, 1993 Special City Council Minutes - June 2, 1993 Park and Recreation Commission Minutes - June 3, 1993 May BUilding Dept. Report - June 3, 1993 Letter from John Davidson, TKDA - June 3, 1993 Letter from Rick Kantorowicz, Township of Oak Grove _ June 3, 1993 Memo from Tom Durand, County of Anoka _ June 3, 1993 Memo from Joseph Kingman III, State of MN - June 9, 1993 Memo from Daryl Sulander - June 15, 1993 Thank You from the Huber Family Gradin and Draina e Plan Pinewood Estates 2nd Addition Kadlec Estates Final Plat What's Happening Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. ". - -~-_l CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 MEMORANDUM )' TO: COPIES TO: FROM: _ DA TE: ~ Mayor & City Council Departments David Almgren REFERENCE: MAy 1993 MONTHLY BUILDING REPORT I hereby submit the following report of the Building Department for the Month Qf,May 1993: JUNE 3, 1993 BUILDING PERMITS 50 Residential (40 Sewer/lO Septic) 3 Additions 10 Garages 3 RemOdeling/Finishing 2 Pole BUildings/Barns 1 Sheds 1 Swinuning Pool 3 ChimneY/Stove/Fireplace 1 Structural Change 31 Porches/Decks 1 Repair Fire Damage APPROXIMATE VALUATION $ 5,119,000.00 67,400.00 77,364.00 39,500.00 24,500.00 2,400.00 150.00 7,100.00 10,000.00 51,326.00 413.00 $ 5,399,153.00 FEES COLLECTED 37,092.95 10.00 55.00 1,910.00 165.00 1,000.00 6,052.74 306.00 55.00 175.00 140.00 2,050.00 204.00 375.00 230.00 85.00 600.00 300.00 30.00 $50,835.69 PERMITS 106 BUilding Permits 2 Ag Building Permits 2 Demolition Permits 59 Heating Permits 8 Heating Repair 40 Hook Up (Sewer) 60 Plumbing Permit 20 Plumbing Repair 22 Pumping Permits 5 Septic Permits 4 Septic Repair '41 Water Meter Permits 51 Certificates of Occupancy 15 Contractor's License 46 License Verification Fee 17 Realth Authority Form 40 Sewer Administration Fee 40 SAC Retainage Fee 1 Reinspection Fee " MAY Monthly Report June 3, 1993 Page Two Total Building Department Income--May 1993 $ 50,835.69 Total Building Department Income--YTD 1993 218,513.24 Total Valuation--May 1993 5,399,153.00 Total Valuation--YTD 1993 23,951,187.00 Total Number of Houses YTD - 1993 237 Total Number of Houses YTD - 1992 187 DA/jp TKDA TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED June 3, 1993 1500 MERITOR TOWER oU4 CEDAR STREET SAINT PAUl, MINNESOTA 551 01-2140 PHONE:1l1212ll2-C400 FAX:1l1212ll2-o083 ENGINEERS ARCHITECTS PLANNERS Honorable Mayor and City Council ~dover,~esota Re: ~dover, Mirmesota Commission No. 9140-003 Dear Mayor and Council: The following is conf"1rmation of engineering matters discussed at the regular Council Meeting of June 2, 1993: 1. City Project 93-9, Xeon Street NW Trunk Storm Sewer, Commission No. 10403 Mr. Davidson did present the Feasibility Report dated May 18, 1993 with revisions to page 3. Reference was made to the original public hearing held in 1988, City Project 87-11B. Oak Bluff 1st Addition lots were not assessed when the Bluebird Street Stonn Sewer Trunk and Outlet through Old Colony Estates was constructed. The original concept plan was adjusted to f"1t subsequent platting. A regional pond (Lake Andover) was constructed within Creekview Crossing and Old Colony Additions by the Coon Creek Watershed District. This regional pond is now controlled south through Creekview Estates to Coon Creek. The proposed Xeon Street Trunk Storm Sewer can now be routed through the regional pond rather than constructing any outlet east along ~dover Boulevard to Coon Creek east of the Burlington Northern Railroad right-of-way as proposed in 1988. Residents of lots in Oak Bluff 2nd and 3rd Additions, Winslow Hills 1st Addition, Creekview Crossing or Old Colony have been assessed the area storm sewer charge when platted and developed. The present plats being developed include Winslow Hills 2nd and 3rd Additions and Weybridge 3rd Addition. The $0.04/SF or $1,742.40/Acre will be assessed upon completed utility improvements. Residents in Oak Bluff 1st Addition generally objected to being assessed for these area storm sewer costs. Landlocked ponds within Oak Bluff 1st Addition, they advised, were the receiving areas for street and lot runoff. By direction of the City Council, the engineers will prepare a study to detennine the following: Honorable Mayor and City Council ~dover,Mlltnesota June 3, 1993 Page Two A. Direction of runoff from lots and streets within Oak Bluff 1st Addition. B. Do landlocked ponds meet present Coon Creek Watershed District regulations relative to holding two each 100 year (1 % probability) storms back to back? C. Where do ponds overflow when filled to capacity? D. Hold a neighborhood meeting to discuss results prior to the hearing on June 15, 1993. 2. City Project 92.19, Weybridge 3rd Addition, Utility and Street Improvements, Commission No. 10258 Mr. Davidson presented the supplemental feasibility report for Weybridge 3rd Addition dated June 1, 1993. This is Phase 3 of the original feasibility report prepared February 4, 1992, City Project 92-2. A letter received May 28, 1993 (attached) contests the developer's responsibility for any payment of the trunk watermain within ~dover Boulevard; drainage revisions along Andover Boulevard including ditch drainage and the design of storm and sanitary sewer grades and alignment on 144th Lane and Wintergreen Street. TIle Council concurs with the City Engineer's method of assessment and design requirements as indicated in the supplemental feasibility report. Adjusted house benches and a revised grading plan will be required from the developer prior to award of contracts. The Engineer was excused at approximately 10:45 PM. Sincerely yours, )?'~~ JLD:j 1111 Hakanson Anderson 1 Assoc..lnc. 222 Monroe Street Anoka. Minnesota 55303 612/427-5860 Fax 612/427-3401 May 28, 1993 ..J CO t5i~;o; - ~"'-~I ~-- cr" f" '., . ~::-~.~:' " '-~',:lJOProl .,':,,(- ".;.':'{:'~ C.:~:l'''~$oH r ..."'1( - I Mr. John L. Davidson, PE TKDA 1500 Meritor Tower 444 Cedar street st. Paul, MN 55101-2140 Re: Weybridge 3rd Addition Andover Project 92-19 Commission No. 10258 " Dear Mr. Davidson: Thank you for the opportunity to meet with you and review the plans for Weybridge 3rd Addition. Since our meeting last Tuesday, I have discussed the plans wi th Mr. Windschi tl and we request clarification or agreement on several issues prior to awarding the bids. The issues are as follows: 1. The watermain, including the hydrant, along Andover Boulevard CSAH No. 16 is a trunk line and does not provide benefit to the lots in Weybridge. Therefore, the entire line should be paid for by the City and not as proposed in your letter of May 27, 1993. Mr. Jim Schrantz previously told Mr. Windschi tl that he did not have to pay for watermain located along the reai.- lOl: 1 in6s. 2. The drainage revisions along Andover Boulevard should be paid for by the City. Mr. Windschitl constructed the drainage improvements along Andover Boulevard in accordance with the approved drainage and grading plan. He is planning on lowering the berm adjacent to Lot 1, Block 1, Weybridge as requested by Anoka County. Therefore, any revisions including the extension of storm sewer along Andover Boulevard, the culvert at Vale street and the grading along Andover Boulevard should not be the responsibility ot Mr. Windschitl. Engineers Landscape Architects Surveyors . . Mr. John L. Davidson, PE Page 2 May 28, 1993 3. In response to the change in the design of the sanitary sewer at the intersection of 144th Lane and Wintergreen Street to accommodate the storms ewer, it is our opinion that the storm sewer could be reduced in size and raised to pass over the sanitary sewer. Prior to agreeing to the proposed change, please provide us with calculations showing the need for the 21" storm sewer. As previously mentioned, we request that these issues are resolved prior to the award of the contract. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. /mlc cc: Jerry Windschitl Todd Haas, City of Andover File: 2054.07 ~ T OWIC3fdp o! Oak G'UWe ~t &~ /5-q3 TOWN OFFICE BUILDING Cedar. Minnesota 55011 June 3, 1993 Honorable Mayor and Council of Andover City of Andover 1685 Crosstown Boulevard NW Andover, Minnesota 55304 RE: MMB Docket No. I-58 Oak Grove Incorporation of Town of Oak Grove Dear Mayor McKelvey and Councilmembers: It is with great pleasure that I take this opportunity to inform you that the Oak Grove Town Board has made application to the Municipal Board under Minn. Statutes, Section 414.02 for the purposes of incorporation as a city. The application submitted requests that the Township of Oak Grove be incorporated as the City of Oak Grove, that the boundaries remain the same as the current boundaries, and that the form of government would be "Optional Plan A". Soon you will receive notification from the Municipal Board of our application. We request your support for this endeavor. If you have any questions regarding this matter, please do not hesitate to call. Sincerely, C]O~PERV[SORS Rick Kantorowicz. Chairman , " a G - 1') lt~ / ':;, - g~ w . . ,- - . - ~"=" COUNTY OF ANOKA Office of Governmen.tal Services Division GOVERNMENT CENTER 2100 3rd Avenue. Anoka, Minnesota 55303-2489 (612) 323-5680 June 3, 1993 TOM DURAND Division Manager Direct #323-5700 MEMO TO: Candidates for County OffiC~ . ... t? Tom Durand, Division Manager, Governmental Services FROM: SUBJECT: CAMPAIGN FINANCE LAW CHANGES The major campaign finance reform bill passed by the Legislature in the 1993 Session deals mainly with changes to the Ethical Practices Act (Chapter 10A) which controls state candidate campaign financing. However, there were several changes (see enclosure) added to that package that amend sections in Chapters 211A and 211 B which effect local candidates for municipal and county offices. A number of these have an immediate effective date, so you should be aware of them: 1. Contribution Limits (Effective 1/1/94) Limits have been placed upon the amount that can be accepted as a contribution by a candidate for local office. There has not been any limit in the past, so this is a significant change. Starting in 1994, a candidate whose district is under 100,000 in population can accept, in aggregate from an individual or committee, up to 5300 in an election year and 5100 in a non-election year. Candidates whose election district is over 100,000 may accept 5500 and $100, respectively in those years. 2. Prohibited Transfer (Effective 1/1/94) Local candidates may not accept contributions from the principal campaign committee of a candidate for statewide, legislative or judicial office nor may the loca! candidate contribute to those principal campaign committees unless it is from the local candidate's perso~al funds. FAX: 323-5682 Affirmative Act/on / Equal .opportunity Employer TDD(ITY: 323-5289 ~1 June 3, 1993 Page 2 3. Leqal Expenditures (Effective Immediately) A specific reference to an expanded list of non-campaign disbursements in Chapter 10A is made in 211A. It outlines a list of non-campaign expenses that money collected for political purposes can be spent on. This list clears up some questions about what was an acceptable non-campaign expenditure. In addition, an explicit statement was added which makes it clear that campaign money cannot be converted to personal use. 4. Corporate Contributions (Effective Immediately) Limited liability companies (limited partnerships) have been removed from the Section which prohibited political contributions by profrt corporations and limited liability companies. However, non-profit corporations have now been added to this Section. Non-profit corporations, with a few exceptions. can no longer make political contributions. A non- profit corporation which cannot engage in business activities, has no shareholders and was not established by a business corporation or labor union (and has a policy not to accept significant contributions from those entities), may continue to make political contributions. 5. Employee Political Fund Solicitation (Effective Immediately) This Section describes how a solicitation of an employee for a political contribution can be made, and it makes it clear that it must be non-partisan, in writing, not coercive and not for a particular candidate or group of candidates. Note: While it is not clear from the language, in the context of this Section it probably only applies to employees of a corporation. TD:lp Enclosure cc: Jay Mclinden, Anoka County Administrator Robert M.A. Johnson, Anoka County Attorney Mark Geoghegan, Supervisor of Elections Municipal Ejection Liaisons 33 Sec. 3. Minnesota. Statutes 1992, section 10A.01, subdivision 10c, is amended to read: Subd. lOco I(NONCAMPAIGN DISatJRSEMENT.~ "Noncampaign disbursement" means a purchase or payment of money or anything of value made, or an advance of credit incurred, by a political committee, political fund, or principal campaign ~ommittee for en1-ptt~po~e-o~"e~-~"en-~o-~n~%ttenee-~"e-nom~ne~:on-o~-e=ee~:on J 34 3S 36 37 38 1 2 oE-e-eend%de~e-o~-~o-p~omoee-o~-de=eee-e-be==oe-qtte~e:on. 3 Noneempe~;n-d:~btt~~emen~-~ne%~de~ any of the following 4 purposes: S (a) payment for accounting and legal services; 6 7 (b) return of a contribution to the source; (c) repayment of a loan made to the political committee, 8 political fund, or principal campaign committee by that 9 committee or fund: 10 (d) return of mone1-=~om-e"e-~~e~e-e=ee~=on~-eempe:9n-~~nd II a public subsidy: l2 (e) payment for food, beverages, entertainment, and 13 facility rental for a fundraising event; l4 (f) services for a constituent by a member of the lS legislature or a constitutional officer in the executive branch, 16 performed from the beginning of the term of office to 6e-dey~ 17 eE~e~ adjournment sine die of the legislature in the election 18 year for the office held, and half the cost of services for a 19 constituent bv a member of the legislature or a constitutional 20 officer in the executive branch oerformed from adiournment sine - 21 die to 60 davs after adiournment sine die; 22 (g) a donation in kind given to the political committee, 23 political fund, or principal campaign committee for purposes 24 listed in clauses (e) and (f)L 2S (h) cavrnent for food and beveraaes crovided to camcaic:n z,.. 26 volunteers while they are enqaaed in camoaion activities: 27 (i) oayment of exoenses incurred by elected or accointed 28 leaders of a legislative caucus in carryino out their leadershic 29 resoonsibilities: 30 (j) cavrnent by a crincical camcaign committee of the 31 candidate's exoenses for servino in oublic office, other than 32 for cersonal uses: 33 (k) costs of child care for the candidate's children when camoaiqninq: ( l) fees caid to attend a camcaign school; (m) costs of a postelection carty durinq the election year 34 35 36 1 when ~ candidate's name will no lonoer accear on a ballot or the 2 general election is concluded, whichever occurs first: 3 n interest on loans caid b a crincical camcai n 4 committee on outstanding loans: S (0) filing fees: 6 7 in the news media: (c election thank-vou notes or advertisements 8 (a the cost of camoai n material curchased to reclace 9 defective camoaion material, if the defective material is lO destroyed without beinq used: 11 (r transfers to a cart unit as defined in section l2 lOA.2iS, subdivision 3: and 13 14 advisorv ocinions as beina for anv curcose other than to (s other curchases or cavrnents scecified in board rules or 1 - _:l influence the nomination or election of a candidate or to 16 cromote or defeat a ballot ouestion. ;;t~~.~.c~ ~board shall determine whether an activity involves a '/'f'd' noncampaign dishursement within the meaning of this subdivision~ ~~ Sec. 45. (21lA.12] ~ONTRIBOTION LIMITSrJ acce~t aaareqate contributions made or ~ 15 A candidate mav not l6 delivered by an individual or committee in excess of 5300 in an 17 election vear for the office souaht and SlOO in other vears; 18 exce~t that a candidate for an office whose territorv has a 19 po~u1ation over lOO,OOO mav not acce~t aqqreqate contributions 20 made or delivered by an individual or committee in excess of 21 S500 in an election year for the office souaht and SlOO in other 22 years. 23 Sec. 46. (2l1A.l3] (PROHIBITED TRANSFERS.] 24 A candidate for ~olitical subdivision office must not 25 acce~t contributions from the ~rincical cam~aiqn committee of a 26 candidate as defined in section 10A.Ol, subdivision S. A 27 candidate for ~olitical subdivision office must not make 28 contributions to a crinci~al cam~aiqn committee, unless the 29 contribution is made from the ~ersonal funds of the candidate 30 for ~olitical subdivision office. 31 Sec. 47. Minnesota Statutes 1992, section 21lB.12, is 32 33 amended to read: 2l1B.l2~(LEGAL EXPENDITURES.]-! Use of :~nd~ money collected for r 34 political purposes is 35 prohibited unless the use is reasonably related to the conduct 36 of election campaigns, or is a noncam~aiqn disbursement as 1 defined in section lOA.Ol, subdivision lOco The following are 1 2 permitted expenditures when made for political purposes: 3 (l) salaries, wages, and fees; 4 (2) communications, mailing, transportation, and travel; 5 (3) campaign advertising: 6 (4) printing; 7 (5) office and other space and necessary equipment, 8 furnishing~, and incidental supplies; 9 (6) charitable contributions of not more than $~aa $50 to 10 any charity annually: and 11 (71 other expenses, not included in clauses (1) to (6), 12 that are reasonably related to the conduct of election campaigns. 13 In addition, expenditures made for the purpose of providing l4 information to constituents, whether or not related to the 15 conduct of an election, are permitted expenses. Monev collected 16 for colitical curposes and assets of a co1itical committee or 17 political fund may not be converted to cersonal use. 18 Sec. 48. Minnesota Statutes 1992, section 211B.15, is 19 amended to read: - ~ 20 211B.15 [CORPORATE eR-~=M:~59-~=AB=~:~~ POLITICAL 21 CONTRIBUTIONS. 22 Subdivision 1. [DEFINITIONS.] tet For purposes of t~is - 23 section, the-~o==ow:~9-te~m~-he~e-the-meer.:~9~-9:~e~-~he~~ 24 tbt "corporation" means: 25 ill a corporation organized for profit that does business 26 in M:~ne~ote~ this state; 27 (2) a nonorofit corooration that carries out activities In 28 this state; or 29 tct-~~:m:ted-=:ab:=:t1-compan1~-meen~ 111 a limited 30 liability company formed under chapter 322B, or under similar 31 laws of another state, that does business in M:~ne~oee this 32 state. 33 Subd. 2. [PROEIBITED CONTRIBUTIONS.] A corporation o~ 34 =:m:~ed-=:eb:=:e1-compen1 may not make a co::tribution or offer 35 or agree to make a contribution, directly or indirectly, of any 36 money, property, free service of its officers~ o~ employees, or 27 13 . . Subd. 15. ~NONPROFIT CORPORATION EXEMPTION." ~ ....... ~ l4 orohibitions in this section do not aoolv to a nonoroEi~ , - -~ corooration that: 16 (1) cannot enqaqe in business activities; 17 (2) has no shareholders or other oersons affiliated so as to have a claim on its assets or earninas; and l8 19 (3) was not established by a business corooration or a labor union and has a oolicv not to acceot siqnificant 20 21 contributions from those entities. 22 Subd. l6.~[EMPLOYEE POLITICAL FUND SOLICITATION~ ~ 23 solicitation of oolitical contributions by an emclovee must be 24 in writinq, informational and nonoartisan in nature, and not 25 oromotiona1 for anv oarticu1ar candidate or arouc of 26 candidates. The solicitation must consist on1v of a aeneral 27 reauest on behalf of an indeoendent oolitical committee (conduit 28 fund) and must state that there is no minimum contribution, that 29 a contribution or laCK thereof will in no wav imcact the 30 emolovee's emoloyment, that the emoloyee must direct the 31 contribution to candidates of the emoloyee's choice, and that 32 any resconse by the emoloyee shall remain confidential and shall 33 not be directed to the emoloyee's supervisors or manaqers. 34 Questions from an emoloyee reqardinq a solicitation may be 35 answered orally or in writinq consistent with the above 36 reauirements. Nothinq in this subdivision authorizes a 1 coroorate donation of an emoloyee's time crohibited under 2 subdivision 2. W. . "::~~~,:,' . ...:.:v.....~"\\~,,l',..~..~%::;, if."f."", ~"O"~ f.~~~'.'- ~'~? ~~f ,~, lk;.;. i~~ :'~'" ":.c'\c.~ ,.rf<l.:,....._.-;,~~4 ";:i:I;~~i\~J.'>'.;:' OFFICE OF THE GOVERNOR 130 STATE CAPITOL SAINT PAUL 55155 00 -' q 3 b~/S- STATE OF MINNESOTA ARNE H. CARLSON GOVERNOR TO: AFFECTED STATE LEGISLATORS, CLERKS, CITY AND COUNTY ADMINISTRATORS FR: JOESEPH R. KINGMAN III, DIRECTOR OF APPOINTMENTS AND CONSTITUENT SERVICES DATE: JUNE 9, 1993 SUBJECT: NOTICE OF MEETING DATE FOR METROPOLITAN COUNCIL CANDIDATES In July 1993, all Metropolitan Council seats will become vacant due to the redistricting of the Metropolitan Council Districts. The Metropolitan Council Nominating Committee must now conduct a public hearing to consider candidates for the seats. Attached is a map showing the new Met Council districts. Governor Carlson has designated the following persons to serve on the nominating committee: Maureen Shaver (Chair), Wayzata Karen Anderson (Elected official), Minnetonka Sally Evert, Stillwater Paul Gam, Arden Hills Janice Johnson (Elected official), Hastings Martin Kellogg, Saint Paul Douglas Tenpas (Elected official), Eden Prairie The nominating committee will hold the hearing on Wednesday, July 7, at 6:00 p.m. in the council chambers at the Metropolitan Council office, located at 230 East Fifth Street in downtown St. Paul. Persons interested in applying are requested to appear at the hearing. Each candidate will be allotted no longer than 5 minutes to make a presentation before the nominating committee, followed by a brief question and answer period. The nominating committee will then submit a list of nominees to the Governor for this appointment. If you have any questions or need an application, please feel free to call Cheryl Talberg at 296-0077 or John Hultquist at 296-0013. AN EQUAL OPPORTUNITY EMPLOYER o PRINTED ON RECYCLED PAPER S''!>~i'!>75 . Metropolitan Council Plan SFI08! l-.o _ 8 -- .... ..... Cb -Z1 ......... - ~ -- Q -~ eo.... _ .:J ... "-- "" "-.- ""'""'" o 16 ---- v....... ...,.. o a ......- -.......- ~ --- ~ c.... .... -- -- ~la.rh..c:.......I. ~rr - S..l ;.-... GIl ~ ~ s,...... w.,.11.tJII'I ~ (, ~ MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 Mayor and Council DarYl'!1o/ June 15, 1993 status Report on P.I.R. Fund The attached status report on the Permanent Improvement Revolving Fund has been provided for your information to assist your decision making for two agenda items to be considered on the 15th. The first item, #13 on the agenda, is for street maintenance equipment. I recommend using the P.I.R. Fund for purchasing this equipment to expedite the street repairs required in various sections of the city. Secondly, an add-on item for storm sewer construction is also recommended for use of P.I.R. Funds. This particular project will correct a hazardous embankment erosion problem. If the erosion continues, it will threaten the adjacent street, and has the potential for severe personal injury liability. Both requests are prudent uses of the P.I.R. Fund. LIj /~ 1I;v 't i)V u2.- T 0 I r rK f-~31/13 " 1I'.4I'I'A-L- -:w., f fUl3w",":i,..,p il /tcc.OLJtJ-r I A.-_G DV,.Ir : I {ZQu/PJ i ((1(Zi).Ht:.r;)I 70-rAL II 1/,/911 I ,: I: I li71~i~J,ilr'1 7i/lb~'J't:'9t)1 IM,stbS'//S"' II i! I! ,Ti I II Ir I I ii 'I I ! i ! Iii I I I ! ! II II i I I ill I! i I ! I I! 'i ! I I I l:LiS;'flf !77 1/,0 /1/.71071 i li1'7dx flf i Iii : 11I11 I i I i Ii! 11 I I ! II i II I II I I II II : I i I I' I i I I; i : : : ! i I :~~~;~~:; I :~~~d~tl '0 : I i I 11g,/14"ifl11t,.' 7~t3i&',<fl4z<.!l. ~~,'llL&:J l' I!! 'I II', ttll III, "II II' r I I 111'1 I I," I I 'I I I I I I I I I I i ,c I ~-li,- I ! 1;- ! I I I I i ~,' ! : i I I ) , .,1'1 I" , L~_ LLl' j , ' ii' 'I I ' I i I I ,i II' 'I! 1 i ! i i I" 1"QQ3 ~J:;b~:::~S:QUIP III i '!-~_=H=~rQP~Ll4-: ~! :;L~;!oJ,- , I II 'f l'-o{q;3 1.N_VJ,N(olV(/ffl~"f ~~ _L~___ ULI ' 5!30 clo Dij I I i 'il si.? oDou,l, ", r==-I s-/lrlp ;tvtfll-MLf,. /US""~~--L--'-il-_I rft,1:"2.'f9t."tJ7Dia~Ifz."?:__'g;7.),!8k~!jXi" ~: i 'I! 1 , . iI i, ,'" I . .! 1 .' " '1 :. -,"',! :1 ~'8 I, .-',- -4L' +=1 . ._,_._~,i!_~,: · ,i,"" '~,.!' -L.,----h:' I '----' '---c-'LL--c-~~__,_,_, 0 I",!, Cl i:l ,I,.: Ii I ,,' ii i i i Ic: , ":--~~'~:-; ,i 'I 't I ,H--r---;--;-'nl" . 'I' ,"',~ 'j';'il1i! j'l- " :---"~' -~-,;I -:: . .! : .:: ---~i __ -'il 'I LI: riLl , ; I ,i I II I' 'I L-:...." II . ~-II !I ,f - R - -- Hi-'-~ _._--: :~-.h---~ :1; '. ~I' :1:: " II .1 ,-'. -. !...J - f----,. ~ ~ ~ -~ ---.!L - - - - ~I- ~:,il il i j U I' 'i: 'I',; I'. :i! ii' "1- i-- 'I - r-;- -;[ ~ ~ ---- '11,. , , I, I' II 11- J :1 :II~ I: :_, ,: j'I-1 ' - ,: i,illl_~:!: ~--. iH:I!~ ., I II . ' :I i ' I ,'~ I ~----~ ~I ~ ~~ -4-._.~ L---...jl -~i,__" tit I; I' ii !" !I" ;1' ., 1 ,- i-I- - ! r-~i '----- "'-11 .,/ I ,I ' 'I : :,.. I +---' 11----- H ljl_____Jl- _, _ :] .~f 'J II 'I!' i I :1 'i ~,i, I; , -.--1--------- ---------~~-ii r---; ---oil -- 11, i i,' i ' il:' r I IT-,------~ r----------;j---------- .. .." WILSON JC!,IES CO~~P!'NY r,iS1J4 Colllm"""rl1~ '.:1 i '8,,~' - 1<" () ~ ~ I I) (CYo.-'h tJ'l-: 11) I ! I ! i I /1'13 R..z,\Jf-tJUf- ~ I ! I I$.;!- t:rr>-z- 1,.I7~fts...s r .D'sml~\JriJ,~ I .J-"2 UT1l I. .f , 1 3'!:1 &nr.., "! I L{r; ~~ I, "i I AsSf;.SSwli-N J ~Of.,l-te-n~..5 i -rf2, 5012.. Ft'hl"'1 ~ F(/~5i lIettJf\t1l1ArU> R~~w.ui~ ~ I II I , '" , , ~ 3 - '5 :5 {t);Jf,t./'IJ {-n_~ 1 :-r~~tlrcd :3'1 I '::prcved 'C.'11 'MDE 1~ U.S.'\. 4 3 ~. _,~_. h ~~~~~~~~ ~~~~~~~~ ~9\l c:~ ~=t~O- Md1q..~O"YL~ y. W-- ~ .. :::tih.~~ ~()~~~. ~ ~ (~~ -r-~ ~O"""-- ~~,,~ ~~~~~ ~~~ .10-&~~~~' . - ~~C~_ ~~:f~ t:}t/e ~e 50 ManUal to mow 501J180ne wAo real& mOU6 Me lJ1etl1t/i{! of R/itMe55... ancl5AoU6 /f wtfA eve~ fAot{f1ttfa1 t/eecl ancl cfe5fure. $nb 00 9naulz,/ -,'.. " .'~ " . ,l;~. - - ,,; ~~ -'-, ..,~..:~;~ ;-'''-;''i~- .~, :-: . <,j" /:'1." ..... if_-. ,.~~. , '(~, '\ OO'Z epeu~ ,- o .....~-, ,. -..... ! ':lNI 'NOriY!)NYS (j) ~'v869S'S9' ~ .' . ' r.c. uowo6uos < .!; ****************************w*****~***************************** *~********************************%***********************x***~* "it .Jt' ~~ .~ ~~ . ~ . ~.. .. ~ .. ~~ .. :: WHAT'S HAPPENING? :: ~~ .. ~~ ",'" ~~ ",. ~~ June 15, 1993 ",'" ~~ .. ~~ ",'" :: Barb Sykora from Congressman Rod Grams office :: ~~ will be at the July 6th Council meeting. If ",,,, :: there are any items of concern that Congressman :: ~~ Grams' office can address, please let me know so ",,,, :: that I can inform Ms. Sykora prior to the :: ~~ meeting. ",,,, ~~ ",,,, ~~ ",,,, :: - Jim Schrantz Update: Jim is at home now. He is :: :: going to physical and speech therapy every day :: ~.. for now. Beginning next week he will be going ",'" ~.. three times a week. .'" ~.. ",'" ~~ ",'" ~~ .'" -1C... .. ..... .'" -Mile .. ~ofC .. ..~ ",'" -M~ .~ .... ",. ofC... .. -M... .:.to .... .~ -M.. .Jto ..... .:.to -+c.. .. iC... .Jto ..~ .'" iC~ .:.to ~~ .'" ... .. 1C.. .:11- iI.jC .. ofCi( .. ..~ ",'" ..~ .. <<it .. ..~ ",,,, ~~ .. ..~ .. ofC.. .~ ~~ .. ~.. .. ..~ .'" ."~ .'" ..~ ",'" ~.. .'" .... .'" .... .. ~~ .'" ~~ .'" ..~ ",'" ..~ ",'" ..~ ",'" .... ",'" .... "'~ .... ",'" ..~ .'" .... .'" .... .. ..~ ",'" ..~ .'" ..~ .'" ~~ .'" -M-fC.... .. ....*************************************************************. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 10, 1993 ITEM t-O. ORIGINATING DEPARTMENT FRANK O. STONE PUBLIC WORKS DEPT SUPERINTENDENT APPROVED FOR AGENDA AGENDA SECTION t-O. STAFF, COMMITTEES, COMMISSIONS ADD ON BY: Storm Sewer Installation @ On June 9, 1993, Mike Knight and Don Jacobson of the Road Committee along with Todd Haas, Daryl Sulander and myself looked at a spillway for the storm sewer at the intersection of 177th Avenue and Blackfoot. Due to the new asphalt streets and the large amounts of water coming down the street; the normal cement rip-rap has eroded and cracked, causing a very hazardous situation. Because of the steep drop, there will always be a bad erossion problem. We propose the following: 1) install a storm sewer manhole to catch the runoff and drop the water to the bottom of the bank and 2) run pipe to exit water in river backwater area. Verbal quotes from contractors have been in the area of $10,000 for dirt work and piping, We will need engineering and easement which we estimate to cost around $2,500. The estimated total cost for this project is $12,500, Attached is a Resolution requesting we use monies from the PIR Fund to repair this hazardous condition. MOTION BY: , TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -93 Motion by Councilmember to adopt the following: A RESOLUTION AUTHORIZING THE EXPENDITURE FOR STORM SEWER CONSTRUCTION FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R074-90 established a Permanent Improvement Revolving Fund containing a Public Improvement Account designed to fund capital improvement project expenditures; and WHEREAS, the City has installed culvert and riprap to channel storm water runoff from 177th Ave and Blackfoot st which has not stopped the erosion problem; and WHEREAS, the city Council recognizes the need to construct storm sewer to prevent further erosion at 177th Ave and Blackfoot st. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby authorizes the expenditure of up to $12,500 from the Permanent Improvement Revolving Fund Public Improvement Fund for the construction of storm sewer at 177th Ave and Blackfoot St. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of June , 1993 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 Victorla Volk - City Clerk ~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: Daryl ~g/ DATE: June 9, 1993 Mayor and Council REFERENCE: LMC Legislative Wrap-up Session The League of Minnesota Cities held it's legislative wrap-up session Tuesday June 8, 1993 in St. Cloud to present the highlights of this year's legislation. Attached is a copy of the session handout for your review. Pages 9 through 18 contain the LGA table which started on page 8. I omitted these pages from your copy to reduce the paper distribution. These pages are available in my office if you are interested in any of that information. " , , ,'St.-Cloud,~Iinnesota ' . " , ,-JuneS, 1993 \.. League of Minnesota Cities 1993 Legislative Highlights Table of Contents Overview and Introduction New City LGA Fonnula LGA Increases for 1994 (Printout) HACA Changes for 1994 City Levy Certification Changes Potential Impact of Un allotment on LGA and HACA Payments Board of Governmental Innovation and Cooperation Truth in Taxation Changes and Calendar Pensions - Clarification on Early Retirement Incentives 1993 Law Summaries Courts and Crime Development Education Elections Energy Environment Finance General Government Housing Metropolitan Affairs Pensions and Retirement Personnel Planning and Zoning Public Safety Transportation Special Legislation Legislation Vetoed by the Governor Omnibus Tax Bill Summary (including TIF) 1 3 6 20 21 22 23 24 26 29 29 29 29 30 31 31 33 33 36 36 36 39 41 41 43 43 44 45 ( Overview and Introduction As in most years, cities achieved some successes and suffered some losses during the 1993 legislative session. No one ever gets everything they want at the Legislature. But while the losses may be hard to accept, on balance, cities should consider this session a success. Perhaps most visible was the success in passing a new "needs based" LGA formula and obtaining nearly $9 million in increased funding for 1994. This is in sharp contrast to the dire predictions of large cuts or even the elimination of LGA that were circulating prior to the session. Even more important was the support from key legislators that made this possible. For the first time in years, LGA was not targeted for the largest cuts. Many legislators publicly voiced their support for and commitment to property tax relief and continued funding for aid to cities. Broadening this base of support among legislators and issue areas should be a major objective in the coming years. Many city successes in other issue areas were less visible amendments to legislation that did pass, or the tabling of bad ideas. This work is important and helps keep the concerns and needs of cities in the forefront for a broad range of legislators. Cities and the state are inextricably linked in many ways. Ongoing communication with legislators and other state officials is the best way to improve the quality of this relationship for the benefit of taxpayers throughout the state. The League's legislative staff responsible for this communication during the past year have been Gary Carlson, Don Diddams, Sarah Hackett, Ann Higgins, Joel Jamnik, Stan Peskar, and of course, Jim Miller who joined the League as Executive Director shortly after the start of the session. The hard work of members and lobbyists for the various city constituency groups must also be acknowledged for the major contribution they made. The cooperation and coordination of efforts on city finance issues was unprecedented this year, and this showed in the results. Finally, the time donated by city officials in calling and writing and visiting their legislators in St. Paul to make the case for cities was the essential ingredient. Enthusiastic participation of members will always be vital to a successful legislative program. We thank them for their help. The materials that follow summarize this year's legislation affecting cities. We have tried to be complete, but cannot guarantee that all legislation affecting cities is included here. In addition, these summaries sometimes gloss over important details contained in the language of the law. For further information on specific issues, consult the actual law or ask for the assistance of League staff. League Legislative Staff June 8, 1993 New City LGA Formula The 1993 legislature enacted a new LGA fonnula for cities. The new fonnula was largely based on the League's proposed formula contained in H.F. 48 and S.F. 78. Highlights of the new formula are outlined below and a printout of estimated 1994 aid distributions has been included. ( Formula Highlights J New Measure orCitv Need The new fonnula is based on a statistically-defined need factor computed for each city. By using a statistical need definition rather than the current property tax levy and aid (revenue base) as the measure of each city's "need", the new fonnula addresses the criticism that previous formulas encouraged higher city spending because it resulted in more aid. The statistical measure of need was taken directly from the League proposal and is perceived by some legislators to be a major improvement in the LGA formula. The table below describes the components of the need factor for each city: SIGNIFICANT FACfoRS IN STATISTICAL NEED CALCULATIONS FOR TIlE LARGE AND SMALL CIlY GROUPS FACTOR A. HOUSING AGE 1) Percent pre-1940 Housing B. POPULATION FACTORS 2) 1991 Population 3) Population Decline (1981-1991) C. OTHER OVERBURDEN FACTORS I 0 I EE ~ 4) Percent of market value classified as commercial or industrial Variable DescriDtions I SMALL I CITIES I 0 I EE [!J Percent Pre-1940 Housin1!-the percentage of housing in each city built before 1940 as reported in the 1990 Federal Census. 1991 Po"ulation-the 1991 population estimate for each city. These estimates are prepared by the Metropolitan Council and the State Demographer arid are updated annually. For the small cities group, the population estimate is transfonned 3 because local revenue need per capita for small cities rises at a decreasing rate as city ,population ,rises. POl1lllationDeeline-the percent decline in population, if any, for the most recent ten year period. The population estimates for Minnesota cities are based 'on the Metropolitan Council, state demographer or federal census estimates. Percent O'l-thepercentofthe 1992 (for taxes payable in 1993) market value in each city that is classified under either commercial or industrial use. This information is based on the Abstract of Assessment of Real and Personal Property prepared annually by the Minnesota State Department of Revenue. Note: The large city group includes cities with 1991 populations of 2,500 or greater. The small city group includes cities under 2,500 population in 1991. J Measure ofRevenueCauacltv The new fonnula uses a reVenue capacity measure based on the average tax rate for cities. In 1993, the statewide average city tax rate for cities is approximately 24.8 percent. The average city tax rate is .applied to each city's adjusted net tax capacity to determine the amount of property tax: effort required from each city. The use of a locaI.effort tax rate as a measure of revenue capacity was a major change from the original League proposal. J Aid Increases The new fonnula computes an aid increase for each city based on the difference between statistical need factor and the revenue capacity. Communities that are able in raise their entire need with a tax rateof24.8 percent would not receive any LGA increase. No city can receive an aid increase larger than five percent of their previous year's net levy. The fonnula for increased aid for 1994 is: Aid Increase = Z% x [Statistical Need - (.248 x City Adjusted Net Tax Capacity)] where: ~ Z% is an amount be detennined by the Department of Revenue based on the appropriation so that the fonnula will distribute the money available. ~ statistical need for each city is detennined through multiple regression analysis based on proxy measures related to the needs of cities. ~ the aid increase does not exceed 5 percent of the previous year net levy. J Grandfather in 1994 To assure stability and prevent dramatic changes, all cities will receive a 1994 LGA amount at least equal to the sum of their 1993 LGA, equalization aid, and city disparity reduction 4 ': aid. The new formula would be used to compute aid increases that would distribute the appropriation increase of$8. 75 million. In 1995 and subsequent years, this base aid amount will be gradually phased-out. This phase-out is accomplished by matching each dollar of increased appropriation for the LGA program with an equal amount of the base appropriation. Over time, the new formula will distribute an increasing portion of the total LGA appropriation. For example, if the 1995 appropriation increases by 5 percent, the new formula will distribute 5 percent of the base plus the 5 percent appropriation increase. J Appropriation Increase for 1994 The bill includes an additional $8.75 million for the implementation of the new formula for 1994. This represents an increase of approximately 2.7 percent over the 1993 base level of city aid. In addition, the equalization aid and the city portion of the disparity reduction aid programs were eliminated. The 1993 distributions for these programs were folded in to the base LGA amounts. The table below compares the 1993 city aid distributions to the estimated 1994 aid distributions. FUNDING FOR STATE AID TO CITIES 1993 AND 1994 (in thousands--OOO's) Program 1993 1994 . City LGA 288,037 330,637 . Equalization Aid 20,011 Repealed · City Disparity Reduction Aid 13,854 Repealed Total City Aid 321,902 330,637 J Equalization aid and city disparity reduction aid eliminated As proposed by the League, the new formula simplifies the property tax system by eliminating equalization aid and city portion of disparity reduction aid. The 1993 amounts for these two programs were folded in to the LGA base for 1994. Cities receiving equalization aid and DRA should be reminded that the a portion of the apparent increase in LGA may be the result of folding these programs in with LGA. In prior years, equalization aid and disparity reduction aid were treated as adjustments to the certified levy. The county auditor would subtract these amounts from the certified levy before computing a local tax rate. Under the new formula, the county auditor will no longer adjust the certified city levy with equalization aid and disparity reduction aid amounts because these will have already been included in the LGA amount certified to the city by the department of revenue. 5 Estimated LGAincreases underH..F. 427 The.following printout shows the 1994 local 'government aid increase for each city under the:fonnula contained inthe omnibus tax bill, H:F. 427. The govemor'Signed-thisbiU into law on Monday, May ~24. These figures are based on estimates prepared by the House Research Department. Actual aid increases will be different due to the availability'ofupdatedinformation. ThetaxbiUincludesmostof the provisions that were contained in the ,previously vetoed omnibus,;taxbiU,includingthe new LGAformula based on the original League proposal. the bill makesno:cuts in 1993 aid payments,and increases the total LGAappropriation by $8.75 million Jor ,1994, The new LGA formula will combine LGA, equalization aid, and the city portion of disparity reduction aid into a single program. Homestead and agricultural credit aid (HACA) will remain a separate program. Aid to cities for 1994 'remains vulnerable, and even the 1993 certified aid amounts could still be reduced under the unalIotment provisions enacted during the recent special legislative session. The need for unalIotment reductions will not be known until the November, 1993 state revenue forecast. Column Descriptions Column 1 Column 2 Column 3 Column 4 Column 5 1993 LGA-The 1993 LGA amount certi~ed by the Department of Revenue for aid payments in 1993. 1993 LGA, Eq. Aid & City DRA--The total aid provided in 1993 to each city under the LGA, equalization aid and disparity reduction aid programs. This figure is provided for comparison purposes because the 1994 LGA amounts will now include an amount equal to the 1993 equalization aid and city disparity reduction aid distributions. 1994 Est Aid Increase-The estimated increase in LGA for each city for 1994 under the new formula, These are estimates, The final figures certified this fall will change due to the availability of updated information, 1994 Percent Increase--The percent increase in LGA over the 1993 total aid level described in Column 2. These percent increases are compared to the sum of 1993 LGA, equalization aid, and city disparity reduction aid. 1994 Total Est LGA--The estimated 1994 LGA distribution for each city. The new formula folds equalization aid and the city portion of disparity reduction aid into the LGA formula. 6 1993 1994 1994 1994 I 1991 ,I 1993 LGA, EQ AID EST AID EST % TOTAL I CITY I Population LGA & CITY ORA INCREASE INCREASE EST LGA r IADA....,.".' .'" 1,718 , 312,609 "'381,017 9.810 '.'.. ,2.52% 390,627 ADAMS 760 96.101 112,542 2,834 2.52% 115.376 ADRIAN 1,132 ..'" 152.1721 ' 190,400 4.989 2.62% 195.389 AFTON 2,683 0 0 0 N/A 0 AITKIN' ..',' , '. .,.". 1.697 248,863 , 255,872 5.309 2.07% 261.181 AKELEY 398 51.322 52,295 1,434 2,74% 53.729 ALBANY ,', 1.560 " 159,517' 189,547 8,031 4.24% 197,578 ALBERT LEA 18.317 3,422,385 3.747.765 73,778 1.97% 3,821.543 ALBERTA ....."",'. '136 I., 6 552 ",' 9,5011' 235 " , 2,47% , ,...9,736 ALBERTVILLE 1.403 38,599 49.036 4,261 8.69% 53,297 .......,..... U 621 83.578 112,775 I'" 2,236 ,', '1.98% 115.011 ALDRICH 69 ' 291 460 116 25.20% 576 ALEXANDRIA" ....,.,'...8.038 ....'. "'1;070,907 1.121.221 23,640 ' 2.11% 1,144,861 ALPHA 100 18.740 22,618 478 2.11% 23.096 IALTlID ...., 35;596 '" 40,616 ."581 ' ,"IA3% 41,197 ALVARADO 355 16,163 16,785 356 2.12% 17,141 ,'.... "566" , 58,916 79,864 2,548 ' " 3.19% 82,412 ANDOVER 16,047 40.008 92,812 4.285 4.62% 97.097 ANNANDALE.".,.,.. . 2.151 171,965 207.199 ,'.' , 10,691 ,5.16% " 217.890 ANOKA 17,218 1,064,385 1,078.255 28.801 2.67% 1,107,056 APPLE VALLEY . ' , 35,879 ",..fll1 ,4'43 ,'.' ',', 352,512 11,468 3.25% 363,980 APPLETON 1,545 275.597 369.565 11.474 3.10% 381.039 'ARCO.'..,'"....>..........,... 108 '.....,3,658 ' ," 15,671 269 " 1.72% 15,940 ARDEN HILLS 9,496 0 0 0 N/A 0 ARGYLE .636 114.322 131,434 :,..'. 1,944 1 ..1.48% " 133.378 ARUNGTON 1,892 196,185 256.444 11.278 4.40% 267.722 ..,'.............'".'".,....,.... .'. 468 '... .'., 44.635 '., ,,',. " , '54,028 2,047 .. 3.79% ' 56,075 ASKOV 344 27.804 31.562 1,070 3.39% 32.632 ATWATER.. u"'.055 128,215 ....,67.345 ", 5,389 '.,... 3.22% 172,734 AUDUBON 416 21.755 26.142 1.240 4.74% 27,382 AURORA', ,', ' 1,960 I, 243.089 430.282 1 .11.594 2.69% ' 441,876 AUSTIN 21,888 3.612.549 4,134.170 107.610 2.60% 4,241.780 A' .."'...'.,,',...."'.'. 148 , 18248 19,706 " 209 1.06% ' ' 19.915 AVON 987 59.586 74.509 2,693 3.61% 77,202 BABBITT ..... 1,557 .... .'. 57,757 ' 74,855 5,030 6.72% 79,885 BACKUS 239 27,615 34,184 235 0.69% 34.419 BADGER ..'.., 385 ,'.'., 53 589 , 63,568 ..' 1 106 ,1.74% 64,674 BAGLEY 1.389 226.547 252.792 5,746 2.27% 258,536 BALATON ,',,'.,..',,', .. 732 ,,',' , 87,202 106,190 ," 3.480 '. ' 3.28% 109.670 BARNESVILLE 2.080 154.961 182.660 7.152 3,92% 189,612 BARNUM "',' .'.',' '.', r >' -466 '.', .' 46,667 .' 69,600 .' 1.380 1.96% 70.980 BARRETT 354 27,693 35.340 1.440 4.06% 36,760 BARRy,'....'.' ...'.. ."',, ." 40 ...,.' .'... 676 .,.,. '..', 1.135 , 30 ,,2.66% , 1.165 BASS BROOK 1.980 0 0 0 N/A 0 BATTLE LAKE ,.."..,'.. 712 . ' 79 930 I, .', 92,687 2.253 2.43% 95.140 BAUDETTE 1.139 170,881 206.491 3,351 1.62% 209,842 BAXTER .".., ..'. 3,832 95,459 121,721 0 0.00% 121,721 BAYPORT 3,132 22,215 22.215 6,769 30.4 7% 28.984 BEARDSLEY ' ..,... 293 " ' 34 446 47,917 1,1507 3.35% 49.524 BEAVER BAY 149 27,192 35.757 1.051 2.94% 36.808 BEAVER CREEK I'.....,' 247 .. 31,385 42,392 1.008 2.38% 43,400 BECKER 933 0 0 0 N/A 0 ..'....> "'111 15978 ."..,, '." 16,305 " 71 I .. 0.43%" 115.376 BELGRADE 702 78.055 93,269 3,842 4.12% 97.111 BELLE PLAINE 31156 .. 216.486 I.. 268,342 ,",. ." 8,952 3.36% 275,294 BELLECHESTER 155 9,562 11.218 360 3.21% 11.578 BELUNGHAM .244 .,..".'.'.. 55 077 .'..', 58.983 577 ' , 0.98% 59,560 BELTRAMI 136 8,485 9,821 368 3.75% 10.189 BELVIEW ' ,.... 377 ,...'.',.' 60.046 ,...'., 80,108 ", 1,389 , 1. 73% 61,497 BEMIDJI 11,178 2,047.285 2,125,563 40,767 1.92% 2.166,330 BENA..'" ','....' ...',...,47 !, 14,898 .',','.",' 15.545 ...' 169 ,",'" 1.09% 15,714 BENSON 3.227 708,436 775,086 9,066 1.17% 784,152 BERTHA '. 511 ,',' 117,783 130.696 549 0.42% 131.245 BETHEL 416 12.702 15.8421 16 0.10% 15.858 BIG FALLS, ' , 336 " 46 287 49,51571 1,159 2.34% 50.726 BIG LAKE 3,160 203,110 245,6211 7.964 3,24% 253,585 7 CITY 1993 LGA 1993 1994 LGA, EQ AID EST AID & CITY ORA INCREASE 1994 EST'll. INCREASE 1994 TOTAL EST LGA BIGELOW,., 'C, .,...' '., 231 16,650 ' 16;292 446 .,.. 2;44% .,...,6,738 BIG FORK 391 63.122 77,879 1,690 2.17% 79.569 BINGHAM LAKE 152 " ".13.604 16645 ,.... '..',,' ,938 ' 5;63% .,..' 17,583 BIRCHWOOD VILLAGE 1,035 0 0 901 N/A 901 BIRD ISLAND,' 1,325 , 140.872 204381 .. 5,837 .. 2;88% 210'198 BISCAY 121 1,978 2,412 203 8.40% 2,615 BIWABIK .. ' ,',,',',., , 10lH ." 179.898 , 299 234 8,603 . ' 2.87% ." , 307.837 BLACKDUCK 719 80.884 104,315 2,719 2.61% 107.034 BLAINE ,,' ,',.".."., .'.,. "...,.... ' '. ,39,757 .' 981 625 1.1111 209 .,...49;752 " '4;46% .... ....1.165.961 BLOMKEST 182 15.343 18,016 575 3.19% 18.591 BLOOMING PRAIRIE ", 2;044 .'.... 216.332 I 257 356 ...,9,841 3.82% '.,'...267.197 BLOOMINGTON 86,453 0 0 0 NIA 0 BWE EARTH'" ' ' , [".." 3,735 ..'....', " 487.084 ' '. ',1128;915 .,', 24;275 3.811% 1153;190 BLUFFTON 1811 1,137 1,578 521 33.04% 2.099 BOCK ' , . , 117 .. 3,963 " ".,4,092 "43 .,:05%.' 4;135 BORUP 116 6.278 8,648 211 3.17% 6,859 BOVEY' ,'.,..',' ". '.' , 658 .' ' 191 ;673 .,,272984. <.3,416..' 1.25% ""276.400 BOWWS 262 10.350 12,238 597 4.88% 12.835 BOY RIVER 42 ,'.. ". 1,548 ,'. 1;832 '. 55 .........3;02%. 1.887 BOYD 246 40,237 63,682 1.428 2.24% 65.310 BRAHAM 1148 .,...173.066 =.. 184,008 ',' "5345 .. ,..'.., 2;90% '189;353 BRAINERD 12,373 1.721.309 1,925,692 54,279 2.82% 1,979,971 BRANCH ."..."..,. ,.,.. ..'. ,.' "2;509 '.." ,6;344 .".. ',..,.,14,'49. 4.680 33;08% <18,829 BRANDON 444 42.314 49,601 1,435 2.86% 51,236 BRECKENRIDGE , "'3,709 ,.,. , ,', 882229 ' .' 972,070 1<' 10;831 '",.,.,.,1% 982.901 BREEZY POINT 437 0 0 0 NIA 0 BREWSTER , ,,', 532 , 24,468 ' ' , 32,208 I"" . 2.358 " 7.32% , 34,566 BRICELYN 425 53,684 68,294 1,966 2.88% 70,260 BROOK PARK,' " ", ".127 '. 15,230 " 18,255 .'.'. " 251 ,..' 1.55% ' "'16.506 BROOKLYN CENTER 28,741 1.696,677 1,699.050 64,364 3.79% 1,763,414 BROO KLY". PARK' ,.' ,.... '....., ,.,57.359 1488.283 1489979 ,.,' 61,323 ,,4.12% 1;551,302 BROOKS 157 6.765 8,212 320 3.90% 8.532 BROOKSTON ,".', '.'.. :'".,",'06 ", ',' 3101 F '4,067 '., 144., ,3.55% 4,211 BROOTEN 590 89,648 103.018 2,498 2.43% 105,516 BROWERVILLE " ".. . "',','.', 783,,' 70.317 74 026 ,',', 3,494 " ,4.72% 77 520 BROWNS VALLEY 805 164,105 218.773 3.960 1.81% 222,733 BROWNSDALE " ',' ,,',.. ",,' 692 ','" 59827 68,527 > 1.341 1.96% .,,' '" " 69,868 BROWNSVILLE 424 24,580 30,459 1,125 3.69% 31,584 BROWNTON", ". ..,'., " ,'" 785" , 86,801 .'",.", 116,501 3,768 '. 3.23% ,'.' 120,269 BRUNO 89 19.991 20.706 84 0.40% 20.790 BUCKMAN;, ,'..,:' " 204 1....3748 4.590 1'....467 10.19'lG 5,057 BUFFALO 6,887 446,702 525,843 20,151 3.83% 545.994 BUFFALO LAKE 730 I.,.. 70;749 97,960 L:," ,3,404 ,'.3;48% . 101364 BUHL 913 237.033 373.823 4,420 1,18% 378,243 BURNSVlLlE ..,' """.'". ,'. 51,743 ",,', 327;112 327112 i.",. 0 0.00% 327.112 BURTRUM 172 10.406 12,689 257 2,02% 12.946 BUTTERFIELD ' ,',' ',,575 , 65,141 , 77674 '..' 2,669 , 3;44% ,',', , , " 80.343 BYRON 2,569 139,722 169.766 5,743 3.38% 175.509 CALEDONIA 2,854 ,. 370.977 432 544 '.' 8478 1.96% ' '441.022 CALLAWAY 210 28,599 30,152 562 1.86% 30,714 CALUMET' , . " 380 90.935 135,321 1,417 '. 1.05% 0, 136,738 CAMBRIDGE 5,113 291,297 313.199 14,342 4.58% 327,541 CAMPBELL '....' ""231 32.228 35;488, 747" 2.U% ' 36,235 CANBY 1,811 325.336 418,598 10.627 2,54% 429.225 CANNON FALLS 3330 282,454 349,963 " 12;245 3.50% """<362,208 CANTON 362 50,504 62,159 1,105 1.78% 63.264 CARLOS " .' .,. ... .' ,,367 " ,25210 ",' 29,364 ;<, "..,.'499 '; ,',"',1.70%' 29,663 CARLTON 909 78,722 117,450 3,737 3.18% 121,187 CARVER ,', ,,',' , 7561' 12,985 , 19,262 1.823 " 9.46% 21,085 CASS LAKE 917 255.215 261,625 4,069 1.44% 285,894 CEDAR MillS " '," "" ".'.' '.,..,., ".'..."".,,81 343 "",' ' 504 31 6.15% ' 535 CENTER CITY 460 36,084 39,423 1.218 3.09% 40,641 CENTERVILlE .. 1.819 823 " 6.530 "" , 6,496 "99.48% " 13,026 CEYLON 455 39.498 86.402 2,774 3.21% 89,176 CHAMPUN 17,771 346 792 443.143 12,284 2.77% '" 455,427 CHANDLER 317 29,666 33,019 736 2.23% 33,755 8 ( " CITY 1993 1994 1994 LGA, EQ AID EST AID EST % & CITY DRA INCREASE INCREASE 1994 TOTAL EST LGA 1993 LGA WACONIA' -:- 3,~82 216,194 2~2.634 4,968 ' 1.97% 2~7,602 WADENA 4.231 4~2,030 520,~35 1~.620 3.00% 536.155 WAHKON:,'," 19~ 1<", 15,2701 ,'16,6~~ " , 3~3 , 2.12% " 17,008 WAITE PARK ~.214 312.~4~ 313.330 9,~10 3.04% 322.640 WALDORF ,," '" " " ','" ", 246 39, 7~4 , 49,703 627 1.26% 50,330 WALKER 936 144,480 17~.780 2.66~ 1.52% 178.445 WALNUT GROVE , 622 100,645 121,872 1,681 , 1.38% 123, 5~3 WALTERS 8~ 17,423 22.790 170 0.74% 22.960 WALTHAM> ,170, 11 491 18,713 I"" ",'609 3.26% f '"., ,', 19.322 WANAMINGO 8~1 89.788 1 09,47~ 3,008 2.7~% 112,483 102 "">{6.343 ,"8,736 343 " 3.92% ' 9,079 WARBA 137 7,274 7,890 78 0.99% 7,968 WARREN' 1;797 202,742 '219,609 >' 5,555 ..'':< 2.53% "', 225,164 WARROAD 1.687 75,489 75.672 5,772 7.63% 81,444 WASECA '8,438 ' 1,213,863 1,332,914 30,968 2.32% ' ' 1.363,882 WATERTOWN 2,429 144,97~ 159,132 10,411 6.54% 169,543 WATERVILlE ' ">'1,779 244,244 ' " 303,997 I.,'" 9,426 3.10% 313,423 WATKINS 852 61.035 76,828 3,321 4.32% 80,149 WATSON" 209 ,"21;250 " 34,785. 893 2.~7% "35,678 WAUBUN 382 22.075 28,664 1,226 4.28% 29,890 WAVERLY ",593 '.,. ':' '. 64,888 80,152 ',1,292 1.61% ' "81,444 WAYZATA 3.820 0 0 0 N/A 0 WELCOME '788 ' 103,826 "124,316 '3.837 ',,',',,' 3.09% " "',128,153 WELLS 2,456 513,293 572.923 9.655 1.69% 582.578 WENDEll: '1~7 , 31,019 , 35.746 1.047 2.93% 36.793 WEST CONCORD 876 71,355 106,229 4.518 4.25% 110,747 WESTSTPAUL ',',>",'..',',,>, ,,:19.144 ' 1,069.973 ' ",1,071,743 , 17,5321 ' 1.64% 1,089,275 WEST UNION 83 1,161 1,422 102 7.20% 1.524 WESTBROOK ,.'~ 849 I> 1 ~4;303 183,047 " 2,911 1.59% , 18~.958 WESTPORT 47 1,723 1,822 28 1.53% 1.850 WHALEN ',> ,> " 91 ~.573 " 6,510 417 6.40% , 6,927 WHEATON 1,607 235,036 318.712 11,446 3.59% 330.158 WHITE BEAR LAKE 24,865 '." 720,~17 " " 753.0851 33,290 4.42% " 786,37~ WILDER 79 7.876 9,123 196 2.15% 9.319 WILLERNIE "',,,. ..' ,'.'"",~84 " 29,723 " 36,995 1,586 4.29% 38,581 WILUAMS 212 17,923 21,813 682 3.13% 22,495 WILLMAR ,', ',' '17,630 1,984;360 f' "2156,444 56.71~ , 2.63% 2.213,159 WILLOW RIVER 283 23,709 24.355 592 2.43% 24,947 WILMONT ' """ , 350 ',' , 30.045 , 35,640 1,191 3,34% 36.831 WILTON 171 0 0 91 N/A 91 WINDOM ,'" ",.",<> '",,' 4,288 492.026 ,."" 646 410 20 808 3.22% 667,218 WINGER 167 21,039 31.405 622 1.98% 32,027 WINNEBAGO ,',' 1;567 "",' 207,925 I""", 291,383 6,729 , 2,31% 298.112 WINONA 25,623 3,842,417 4,479,137 152,498 3.40% 4.631.635 WINSTED .' ".', 1,585 , 219,259 262.605 6,901 2.63% 269.506 WINTHROP 1,280 218,176 269,677 5,752 2.13% 275.429 .'.,',',:.,.""'.','.,','..: .."."..164 I>, '21,455 23,653 , 321 1.36% 23,974 WOLF LAKE 33 430 505 16 3.19% 521 WOLVERTON ,",,': "",,---- " 157 , 15,313 18.296 532 2.91% 18.828 WOOD LAKE 407 67.044 81,309 1,379 1.70% 82,688 WOODBURY "","" ',", 21.392 0' 0 0 N/A 0 WOODLAND 495 0 0 0 N/A 0 WOODSTOCK< " 1~8 L> 20,933 24,105 602 2.50% 24,707 WORTHINGTON 9,923 1,432.513 1.794,249 41.379 2,31% 1.835,628 WRENSHALL 299 ' 60,775 64,012 763 Lt9% 64,775 WRIGHT 143 0 307 443 144.18% 750 WYKOFF : .:'",,'."', ",:,496 "", , 71.477 91,356 1,837 2.01% 93,193 WYOMING 2.220 88.821 1 07,296 8.666 8,08% 115,962 YOUNG AMERICA, " "'" 1.374 61,343 , 76,427 4,719 6.17% 81.146 ZEMPLE 81 946 1.209 0 0.00% 1,209 ZIMMERMAN , 1,421 42 248 57,735 5.394 9.34% ,-~~,g!! ZUMBRO FALLS 239 6.739 8.135 575 7.07% 8.710 ZUMBROTA ' " " , 2,324 294,428 356,231 12.912 3.62% 369,143 TOTALS 19 Homestead and Agricultural Credit Aid (HACA) changes The omnibus tax bill and the omnibus K-12 education finance bill make several adjustments to the homestead and agricultural credit aid program and the property classification system. These changes will affect the amount of HACA cities receive in 1994 and future years. J MACA Growth Adiustment The 1993 omnibus tax bill eliminates the HACA household growth adjustment for cities, towns, schools and special taxing districts beginning in 1994. Counties will continue to receive a growth adjustment on an annual basis. The growth adjustment provided an increase in HACA based on an increase in the number of households in each community. Although no city will receive less HACA than the 1993 level, HACA will not grow as fast in the future. Prior to this change, cities could have expected an estimated $2.5 million growth adjustment in 1994. This change which will have the greatest impact on rapidly growing cities. J Newlv enacted classification chanl!es Several agricultural class rates were reduced to provide property tax relief to farmers. A portion of the relief to farmers will be paid through increased HACA. The balance of the property tax relief to farmers will result in higher property taxes for other types of property. . The agricultural land classification removes the value of the house, garage and surrounding one acre from the $115,000 value limitation. This will increase the amount of land value that can receive the preferential agricultural land class rate. HACA will reimburse local governments for a portion of the class rate reduction. . The class rate on the first $115,000 of land value from 1.3 percent to 1.0 percent. HACA will reimburse local governments for one-half of the class reduction. . The class rate on the remaining farm property was lowered from 1.6 percent to 1.5 percent. HACA will reimburse local governments for the entire class rate reduction, J Existinl! classification chan2es effective in 1994 Class rate changes enacted in previous years will become effective for taxes payable in 1994. These changes will result in additional HACA for local governments. . The commercial and industrial property class rate will be reduced from the current 4.7 percent to 4.6 percent. HACA will reimburse the entire class rate reduction. The residential non-homestead class rate will be reduced from 2.5 percent to 2.3 percent. HACA will reimburse local governments for one-half of the -class rate reduction. ?~vt u~tq~ ~~f-S'fa~fhj r~~f I 3 ~~, 5/ IJ ~~ "" 5..Ml. .-d! 20 .9k1 ~ {lUt~ / City Levy Certification Changes Under provisions contained in the 1993 omnibus tax bill, the levy certification to the county auditor has been substantially modified. Beginning this fall, cities will certify a levy to the county that has been reduced by HACA. Each city will now be responsible for this adjustment to the levy before it is certified to the county auditor. The example in the table below shows that even with no change in total revenues needed or total aid amounts, the certified levy will decrease, while the taxes paid by taxpayers (the spread levy) will stay constant. In addition, the new LGA fonnula folds the equalization aid and city portion of the disparity reduction aid amounts in with the LGA distribution. As a result, the county auditor will no longer make these adjustments to each city's certified levy before the local tax rate is computed. Failure to adjust the levy accordingly will result in substantial increases in property taxes paid by local property taxpayers. The League will include a summary of these changes in the Guidelines for Preparing City Budgets, 1994 which will be published. later this summer. The Department of Revenue will also notify cities of these changes with the 1994 aid certifications later this summer. The table below summarizes the changes to the levy certification process between 1993 and 1994. The example assumes that the total revenue and aid amounts are held constant from 1993 to 1994. The increase in LGA is a result of folding the base 1993 amounts under equalization aid and disparity reduction aid into the 1994 LGA distribution. CERTIFIED LEVIES-COMPARISON OF LEVY ADJUSTMENTS For taxes payable in 1993 and 1994 1993 1994 I TotalRevenuesNeeded " ,'. , 12,000,000 12,000,000 City Adjustments 2 · Local Government Aid 3,000,000 /73,500,000 3 · Homestead and Agricultural Credit Aid ~/A- / ,,., ,M)f) f)f)f) I ~,. , 4 Levy certified by city to county auditor v 9,000,000 I 6, 100,000 I , " -- ! ~ ~ County Auditor Adjustments , 5 Certified Levy (from line 4 above) a 9,000,000 6, I 00,000 fl. 6 · Fiscal Disparities distribution levy (metro 1,100,000 / 1,100,000 area cities) 7 · Homestead and Agricultural Credit Aid 2,40Q.OO.Q N/A \ 8 · Equalization Aid . - , /400,000 , N/A - 9. Disparity Reduction Aid ~I OO,QOO / N/A 10 Spread Levy (used to compute local tax rate) 5,000,000 5,000,000 ./" '< r~ T'') ~ ~ Cc...- ~,jL ~ f ^ f'kt 'In"-' -p 1'10 1 L,;ft+tf~nF"'o~ ~ l"'o~A {",AJ;;1-f Q oA~:tz:'-n ~'1- l"Jtf7.tCI"f11f?-'f ev-Ul j1}; ~ ';) ('Y .~ /\)t.iT Un allotment agreement puts December aid payments at risk During the final negotiations for the special session, legislators and the governor agreed on automatic reductions in appropriations for all state programs if the state budget reserve drops below $400 million. This decision would be based on the November 1993 revenue forecast, so unallotment could affect the December, 1993 payment of local government aid (LGA) and homestead and agricultural credit aid (HACA) to cities. Cuts will depend on state revenues Unallotment, or cuts, would be in an amount necessary to restore the state budget reserve to $400 million, up to a maximum total reduction of one percent of the biennial appropriation for each program. With the maximum unallotment totalling $160 million, the total cuts for LGA could not exceed approximately $6.4 million, and the total cuts for city HACA could not exceed $3.9 million. For the first time, the cuts would affect almost all state programs, including school aids. This helps reduce the impact on any single program such as LGA. Whether cuts are necessary will depend entirely on the state's revenue projections this November. More than ever before, city aid amounts are tied to the health of the economy and the accuracy of state revenue projections. The variance in state revenues that would trigger unallotment is relatively small, so there is some chance that such cuts could occur. Cities should consider this possibility in their financial planning. Cuts for individual cities would be in proportion to levy plus aid base The bill does not clearly state whether an unallotment would be subtracted out of just the December 1993 aid payment, or would be spread over the three remaining payments of the biennium (December 1993, and July and December 1994). In either case, cuts would be distributed among cities in proportion to their levy plus aid base. For planning purpose, cities can estimate that their December aid payment could decrease by approximately three tenths of a percent of their levy plus aid base, if the maximum unallotment were spread over the remainder of the biennium. July and December aid payments in 1994 would also each be reduced by a similar amount. Actual reductions could be different, depending on the amount unalloted (if any) and on how the state calculated the cuts for individual local governments. Although this is the maximum estimated impact of the unallotment provision on cities in 1993 and 1994, further legislative reductions in 1994 could be possible if the state's financial situation continues to deteriorate. The law directs the Legislative. Commission on Planning and Fiscal ~- Policy to study unallotment authority and related issues, and report back to the Legislature in time for the 1994 legislative session. The unallotment question and size of the budget reserve will clearly be an issue at the Legislature again next year. 22 Board of Government Innovation and Cooperation The new tax law creates a board to provide grants and provide waivers to local governments as a way to increase efficiency and reduce costs of local governments. The new Board of Government Innovation and Cooperation is appropriated $1.2 million for the next biennium (July 1993 _ June 1995). Local governments may apply to the board for grants for the following purposes: - design of models or plans for innovative service budget management, - plans for intergovernmental cooperation, - design of service sharing programs, or - combination/consolidation of two or more local governments. Another primary duty of the new board will be to review and grant waivers of state laws and rules which may be overly restrictive to local government. A local government unit (or units) may make an appeal to the board to be allowed to carry out a state mandate, meeting the desired outcome of the state requirement through a more efficient or effective process. Counties are particularly interested in this opportunity for review of rules affecting human service programs. The final charge to the board is to make recommendations to the legislature on the elimination of state mandates that inhibit local government efficiency, innovation, or cooperation. The law limits most of the grants to $5.0,000 per application, and the law contains a requirement that grants must be repaid to the board if the proposals are not completed according to the agreement with the board. Where local governments are provided funding by the board to facilitate consolidation, they can avoid the municipal board consolidation process. In the metro area, proposals for consolidations must also be submitted to the Metropolitan Council for "comment and review." The membership on the board will include: two administrative law judges (!lppointed by the chief administrative law judge) the commissioner of finance (or appointee) the commissioner of administration (or appointee) the state auditor (or appointee) three members of the House, and three members of the Senate. Because of restrictions in state law which govern the authority of individual legislators. the legislativl: appointees to the board will be non-voting members of the board. (The board replaces a DTED grant program passed in 1991. Although the grant process has existed in statute, the original $1.5 million funding had been line-item vetoed by the governor,) 23 TRUTH IN TAXATION Schedule for calendar year 1993 TIMELINE / DEADLINE Revenue certifies 1994 LGA and HACA to cities August I Counties notify cities of the dates which have 'been selected by school districts, metro special districts, and the county August 20 Cities certify proposed property tax levy to county auditor, and adopt proposed budget, and September 15 * Cities select TWO dates for hearings County mails notice of proposed taxes November 10 - 24 Public hearings to consider and then adopt final levy and budget November 29 - December 20 * Final levy must be adopted at a subsequent hearing between five and 14 business days after the first hearing * advertisement for first public hearing: not less than two business days nor more than six business days before the hearing (no advertisement is required for the. subsequent hearing, must announce time and date at first hearing) * all counties hold their hearing December 14 (second Tuesday in December) - second county hearing permitted (date selection before August 15) Final levy certified to county auditor December 28 (five working days after December 20) *certification of compliance materials sent to Revenue 24 Highlights of Truth in Taxation changes * Adopting final levy and budget Unlike prior years when cities were required to adopt their final levy and budget at their initial (or continuation hearing), local governments are now required to adopt final amounts at a "subsequent" hearing. A ruling from the Department of Revenue is pending, but cities should plan to schedule two hearing dates between November 29 and December 20, and only take the final vote on the levy and budget at the second hearing, * Emplovee compensation information. TNT notices and newspaper advertisements must each include a statement that "information on the increases or decreases of the total budget, including employee and independent contractor compensation, for the prior year, current year, and proposed budget year, will be discussed at the TNT hearing." The following information must also be presented when discussing the a. the percent of the total proposed budget attributable to compensation costs; b, the number of employ:es by ~eneral^ c1l}6sification, and whether they are full " ' or part-time; ~ wo:tX;../-JU-.x..-.. 4 " c, the number and budget for independent contract employees; and ~ ~ ~I d. the effect of budget increases and decreases on proposed property tax levies, ~ ~ * * Metropolitan agencY requirements. The following metropolitan agencies are required to hold hearings: metropolitan council, metropolitan airports commission, regional transit board, metropolitan mosquito control commission. Metropolitan regional rail authority levies are to be included in the county's levy and discussed at the county's public hearing * School referenda levies. Beginning in calendar year 1994, school district excess levy referenda will be listed separately from the general school levy on the TNT notice. * Countv_hearin,?s. Because of the large geographic size of some counties, they will now be allowed to hold additional hearings "for the convenience of their residents." (All counties currently are required to hold their public hearing on the second Tuesday in December.) * Joint TNT hearing and new property.tax advisory. committee, The city of St Paul, Ramsey County, and the St Paul School District will hold a joint TNT hearing, The hearing will be on the second Tuesday in December. (Ramsey County is also allowed to hold additional hearings.) An ongoing joint property tax advisory committee is also formed with members of the St Paul city council, Ramsey County Board of Commissioners, and 51. Paul school board to continue the joint hearing practice and to assess tax needs and trends among the three overlapping taxing jurisdictions. * Regional library district levy authoritY, Two newly-created regional library districts (Great River and East Central) have been given independent levy authority. Both districts are required to be listed on the TNT notice, and to advertise and hold public hearings, Cities or counties which are members of Stich districts are authorized to levy for construction, maintenance, and utility costs of library buildings. * Although the one-quarter page requirement was lifted in 199 I, the law now clarifies that local governments must comply with the type size requirements and publish a minimum one-eighth page advertisement 25 Clarification on the Early Retirement Incentive Act (Chapter 192, Laws of 1993) As mentioned in the law summary, the act is ambiguous as to whether or not PERA Public Safety Officers are eligible to participate in the early retirement incentive if the public employer chooses to offer it. ' When a statute is ambiguous as to its written tenns, the courts often look to legislative history and legislative intent when trying to detennine the meaning. Indications of legislative intent are ., ._~ften provided by testimony to committees, supporting documentation and bill summaries and statements of the author to committees and on the floor. In the case of Chapter 192, we have solicited and received a letter from the chief House author and the legislator most instrumental in crafting the legislation. This letter on the following page sets out his understanding as to the meaning of the act. It may carry some weight before a court if legislative intent ever needs to be decided. The letter also points out that when the legislators were seeking input from actuaries as to the cost of the program, the actuaries were told to develop costs assuming police officers and fire fighters would not be eligible for the early retirement incentive program. That is pretty good evidence that the Legislature thought it was developing an early retirement incentive program for coordinated and basic plan members, but not for public safety members of PERA. However, you will note that the author, Representative Bob Johnson, takes the position that the government may offer the early retirement incentive to public safety employees covered in PERA. Further, his position is that if a government offers the health care continuation after retirement as an option for any employees that it must do so for public safety employees in PERA as well. That is a reasonable interpretation of the statute and provides a good basis for decision making for most cities. When making the decision, the city should probably provide a copy of this letter to your city attorney so that he or she can use it in conjunction with the statute in deciding how to advise you in regard to the city's options. Of course, if your city is in a situation with no police or fire officers over age 55 with more than 25 years of service in covered plans, you need not be worried about resolving the ambiguity of public safety personnel eligibility. 26 Bob Johnson State Representative lVIinnesota House of Representatives District 4A Beltrami and Hubbard Counties COMMITTEES: COMMERCE AND ECONOMIC DEVELOPMENT; GENERAL LEGISLATION, VETERANS AFFAIRS AND ELECTIONS; GOVERNMENTAL OPERATIONS AND GAMING; STATE GOVERNMENT FINANCE; TOURISM May 27, 1993 Mr. Stanley Peskar League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 Dear Mr. Peskar, I was the chief author of the early retirement incentives that were enacted in Laws 1993, Chapter 192, section 108. This letter expresses my understanding of some potentially ambiguous parts of that legislation that relate to public safety employees. I believe that the increase in the multiplier percentage used to calculate pensions does not apply to public safety employees. However, if an employer chooses to offer the health insurance incentive, that incentive does apply to public safety employees. The language dealing with the pension incentive provides that the increased multipliers only apply to years of service calculated under Minnesota Statutes 352.115, 352.116, 353.29 or 353.30, or Chapters 422A, 354, or 354A. Years of service calculated under the PERA police and fire plan, the state patrol plan, or under local police and fire plans are not included. The actuarial work that was done on this proposal assumed that public safety service would not be included in the pension benefit increase. As you are probably aware, the Legislature passed another bill this year containing a permanent pension benefit increase for employees in the PERA police and fire fund. It was not my intent to make public safety employees eligible for increased pensions under the early retirement incentive bill. In contrast, the language dealing with the health insurance incentives is not limited to certain groups of employees. Thus, eligible public safety employees can receive this incentive, if the employer chooses to offer it. In conference committee, the bill was amended to permit local governments to offer either the pension or health insurance incentive to eligible employees, without having to offer both (local governments still have the option to offer both, and let the employees choose one or the other). Thus a city could choose to offer only the pension incentive to its eligible employees, and not offer the health insurance. In this case, public safety employees would not be eligible for any early retirement incentive under the 1993 law, because they are not included in the pension incentive. I hope this letter is useful in Clarifying my intent. Sincerely, Bob Johnson n ~J Rural Route 2, Box 145, Bemidii, Minnesota 56601 Slate Office Budding, 51. Paul, Minnesota 55155 27 ._____(218) 751.2035 (612) 296.5516 FAX (612) 296.1563 'i...J:," 1993 law summaries The 1993 summary of new laws includes those laws that affect city operations. Although we have attempted to be comprehensive, there may be other laws passed afIecting cities that are not summarized here. We list the bills under general topic areas ranging from courts and crime to transpor- tation. Special legislation inclu<les bills that are specific to one city. The summary of the omnibus tax bill is separate and follows the topical list. Courts and crime Library fees In petty misdemeanor cases Chapter 29 (S.F.215) extends the county law library fee collections for petty misdemeanor cases. Effective April 16, 1993. JJ Donds for judicial appeals Chapter 170 (S.F.674) modifies the requirement for posting of a surety bond in actions against public bodies relating to issuance of bonds. The court requiring the surety bond must consider if the action presents substan- tial constitutional or statutory con- suuction issues, and the likelihood of the party prevailing. Effective August I, 1993. JJ Study committee on nonfelony crimes Chapter 255 (S.F.117 !) creates a nonfelony enforcement advisory committee to study current enforce- ment and prosecution of non felony offenses in Minnesota. The law specifies committee membership, including two city attorneys and one city law enforcement official, and requires report by October I, 1995, at which point the committee sunsets. Effective May 20, 1993. JJ Hennepin and Ramsey court housing calendar projects Chapter 265 (H.F.1205) makes the Hennepin and Ramsey County coun housing calendar consolidation projects pemJanenl Effective May 19, 1993. JJ Conclllatlon court Jurisdictional IlmIbi Chapter 321 (S.F.532) raises conciliation courts jurisdictional limits to $6,000 until July I, 1994 and to $7,500 afterward, except for consumer credit transactions ($4,000 limit). Generally effective July I, 1993. JJ OmnIbus crime bill: Stalking, weapons In schools, etc. Chapter 326 (H.F.1585) regulates certain firearms and frrearms offenses, allows vehicle forfeitures for drive-by shootings and prostitution offenses, revises wiretap laws, increases certain criminal penalties, sets stalking and harassment penalties, and modifies residential picketing provisions, among many others. Various effective dates, some May 21, 1993, but most August I, 1993. JJ DWI amendments Chapter 347 (S.F.694) is the omnibus DWI amendments act which increases penalties for DWI offenses with a minor in the car, increases forfeitures and penalties, increases funding and training, extends the pilot interlock program, suspends underage driver's licenses, and changes dram shop action filing requirements. Various effective dates. JJ Development TIF for ethanol projects Chapter 250 (H.F.93!) incr=es minimum oxygen content require- ments for gasoline sold in carbon monoxide control ar= during control periods. Provides tax increment financing aid reduction exemption for ethanol production projects in nonmetropolitan area economic development districts. Effective August I, 1993, TIF provision effec- tive for state aids paid in 1994. JJ Taskforce on state's economic future Chapter 252 (H.F.454) creates a pemJanent taskforce to study the state's economic future and competi- tiveness. The 20-member taskforce will evaluate implementation of the state's economic blueprint which the Deparnnent of Trade and Economic Development (DTED) has developed, hold periodic forums and symposiums, provide advice to the Legislature, and study all legislation for its impact on these issues. Annual reports are due to the governor and Legislature, The law requires an annual report on the number of Minnesota compa- nies which have left the state, the number of jobs lost, the payroll lost, and the reasons for the companies' moves. The deparnnent will also evaluate its business loan and grant program to measure the number of jobs created, jobs retained, resulting salaries, and possible job displace- ments as a result of its projects. SH Education Omnibus K.12 education finance bill Chapter 224 (H.F.350) contains several property tax provisions that will impact cities. Property tax class rate changes: The law reduces several agricullural class rates providing property tax relief to farmers. The agricultural land classification removes the value of the house, garage, and surrounding onc acre from the $115,000 value limita- tion. The amount of land value receiving the preferential agricultural class rate is increased. The class rate on the first $1 15,000 of land value from 1.3 percent to 1 percent. 111C 29 1991 law: summaries: continued dass raleon thecremainin&,farm~ property was lowered:from.L6percent: 10 1.5 percent:. Homesteai'and'agticultural 'credit; aid: HACA will'IeiinburseJocal unil5', for the class rate reduction:fouemain- ing agriculturarIand'from 1.6 percent to 1.5 percenL In' addition.HACA will reimburse local units, for, one"half of the class rate reduction: for reducing: the land, rat~from! L3 to ,1.0 percent. Those'class ra~cbanges thatHACA. doesn:t coverwilt:resuIHmshifting' property tax, burdens ftom rural; farm: areas to cities~ School levies: Many provisions wilt only affect.school levies and: aid: programs. GC Elections- Change In, margJn for-automatic: recount Chapter 68' (S'.F. 270) lower!' the threshold: for automatic recounts frolIb a difference of 200 01< less, votes, to, 100; or less. amending' M.S. 204C.35~ ' subdivision 1. for state primaries, and judicial district offices, and state general elections. Notice of filing for county. elective offices Chapter 59 (H.F.1074) requires. county auditors. at least two; weeks. before the flCSt date to file for elective: office, to publish notice of the flfSt and last filing dates and the closing time on the final day. It also requires posting of notice at least 10 days. before filing period opens~ Effective August 1. 1993. 11 Date and time o( precinct caucuses: Chapter 150 (S.FA70) moves the time when state precinct caucuses start to 7:00 p.m. (rather than 7:30p.m.) and changes the date on which caucuses meet to the first Tuesday in March (instead of the flCSt Tuesday after the flCSt Monday in March) in 1994 (to avoid a conflict with annual lownship meetings).AlI Prec1nctJboundary data, Chapter 20g. (H.F;299) changes requirements and:procedures for' maintaining. precinct boundary, data. City, c1eIbmustnotify the secretary of state oiprecinct bounclarychanges and; note the change on a base map within 30 days. The secretary of state must provide a corrected precinct map to. the county auditor and. the city. clerk; and must notify. the. city clerk if a. precinctbounclary does notJollow visible, clearly recognizable physical features. lithe city does not make corrections within 60 days following such: notification. the; secretary of state may correct the boundary in question and notify the, city. AI{ Secretary o( state's housekeeping act Chapter 22! changes the descrip- tioltof state: voter registration cards andestablisheS.the statewide vo:er registratiou system as the official record. The county auditor must update voter records immediately after precinct boundary- changes. County auditors may, use address changes from the U.S. Postal Service to delete voter' records. City clerks need to notify affected voters of precinct boundaries changes at least 25, days before the next election when precinct polling places move. The city clerk must send to the county auditor any notices retQmed by the postal service as undeliverable. The county auditor is responsible for changing the status of such voters to "challenged." Cities must mail ballots to all registered voters no later than 14 days prior to a mail ballot election. Polling place entrance means the doorway or point of entry leading into the room or area where voting is occurring. Ballot printing contracts oness than $1,000 no longer have bonding requirements. When it is not possible to put all offices on a single (canary) ballot, judicial offices may go on a separate gray ballot. IndIviduals may register to vote any. time before the preparation of voter rosters prior. to a.spccial primary or special election when there is no state or regularly scheduled local election. City election officials must have their voting system tested within five days, before the election for punch card systems. Optical scan ballots are to list offices, so that city offices and ques- tions immediately follow federal, state. constitutipnal. and county offices and questions (and before school district offices, and, questions). All Campaign, refonn; authority for cities to use mail ballots Chapter 318 (H.F.20 1) allows statutory and home rule charter cities with fewer than 400 registered voters located outside the Twin Cities area to conduct elections by mail. The act defmes election cycles and requires lobbyists who raise more than $5,000 for legislative and statewide candi- dates or legislative caucuses during an election year, to file a report 10 days before the primary or general election, in addition to other required reports. Legislative and statewide candidates, campaigns, and legislative caucuses cannot raise funds from registered lobbyists or political committees or funds (PACs) during regular legislative sessions. Official ballots for state judicial offices must list each seat by number. Candidates for city elective office (cities under 100,000 population) may not accept contributions from an individual or committee of more than $300 in an election year or more than $100 in a nonelection year. For candidates in cities over 100,000 population. Limits are $500 in an election year; $100 in a nonelection year. City candidates cannot accept contributions from congressional, statewide, or legislative campaigns and cannot transfer local campaign funds to such campaigns. (Effective January I, 1994.) The law restricts the 30 1993 law summaries continued use of campaign funds and prohibits personal use of these funds. Non-profit corporations and partnerships operating or doing business in Minnesota cannot contrib- ute, funds, services, property, or anything of monetary value for any type of political campaign. Officers, managers, stockholders, etc. of corporations (and partnerships) who violate campaign finance restric- tions may be subject to a fine of up to $20,000 or imprisonment up to five years, or both. Partnerships are also subject to penalties of up to $40,000 in fines and may be dissolved if con- victed of violating these prohibitions. AH Keeping names oC Celons and Incom- petents ocr ballot Chapter 364 (S.F.663) allows city filing officers to keep the names of convicted felons, incompetents, and indi viduals under guardianship off the ballot by obtaining a certified copy of the final judgment or court order and notifying the person by certified mail. AH Energy Alternative Cuel vehicle Investments Chapter 254 (H.F.1l33) allows the DepmunentofPublicServiceto approve public utility plans to invest in alternative fuel vehicles and support- ing equipment and recover such costs in rates. Provides for the state to meet federal requirements, with public utility assessment totalling $78,000. Effective May 19, 1993, investment provision sunsets July I, 2003. JJ District heating exit signs, municipal utilities Chapter 327 (S.F.1437) sets requirements for exit sign illumina- tion, limits advance forecast require- ment for certain utilities, applies state voltage and current standards to municipal and cooperative utilities, sets utility contract conditions, broadens 1981 law which requires water service to cities near Duluth, and ends the district heating loan program. Various effective dates. JJ Environment Above ground storage tanks Chapter 87 (H.F.1424) prohibits the Pollution Control Agency from adopting rules which regulate aboveground storage tanks which store up to 1,100 gallons of heating oil or motor fuel, or unlimited amounts of certain regulated agricultural chemi- cals and liquid gas. Effective May 6, 1993. JJ Omnibus environment and natural resources appropriations Chapter 172 (S.F.I570) appropri- ates $555,802,000 (less $980,000 in line item vetoe3, including a veto of the metropolitan council's proposed groundwater modeling project). Appropriations include almost $2 million for the clean water partnership grant program and $28 million for SCORE block grants to counties. The law modifies the hazardous waste generator tax and finances a hazardous waste generator loan program. It provides money for pollution preven- tion grants, transfers recreation grant responsibility from the Depmunent of Trade and Economic Development to the Depmunent of Natural Resources, establishes a new grant in aid program for recreation, and requires everyone that collects mixed municipal solid waste to annually collect $2 from each residential customer and remit that money to the commissioner of rev- enue. The law proposes a state buyout of insurance companies' potential obligation for contamination at a permitted mixed municipal solid waste disposal facility. The bill requires the office of waste management to conduct a comprehensive study of solid waste fees, including local collection fees, and report by December I, 1994. Various effective dates, some May 14, 1993. JJ Wetlands conservation act amend- ments Chapter 175 (H.F.1402)amends the drainage law and the wetlands conservation act to allow certain tile straightening and replacements as repairs; modifies wetland replacement exemptions for repair projects within road right-of-ways; reduces the replacement ratio to 1: 1 in counties having more than 80 percent of their pre-settlement wetlands; allows local government units to continue adminis- tering the interim wetland program until December 1993, requires study and report by the Wetlands Heritage Advisory Council. Effective May 15, 1993. JJ Wastewater advisory committee, on. site treatment program Chapter 180 (S.F.96) clarifies Pollution Control Agency rulemaking for wastewater treatment standards, changes technical advisory committee membership (from nine to seven members and drops one LMC repre- sentative), and limits program defini- tion of individual on-site treatment systems to those treating less than 5,000 gallons per day. Effective August 1,1993. JJ Incinerator asb exemption Cor WLSSD. Chapter 191 (S.F.639) modifies requirements for incinerator ash disposal by the Western Lake Superior Sanitary District, exempting ash from certain PeA rules if it is disposed of under industrial solid waste disposal rules, Effective May 15, 1993. Harmful exotIc aquatic specie; provisions Chapter 235 (11.1-:864) incrC;lscs inspections of watercraft [or exotic hannful species and authorizes civil 31 1993 law summaries continued citations and penalties for unlawful transport or operation. After appropri- ate training, conservation officers, peace officers, and other DNR desig- nated staff may issue citations. The law sets penalty amounts, based on species; increases surcharge on watercraft to $5 for two years. Sur- charge and fee section effective January I, 1994, citation section effective May 18, 1993 other sections etTective August I, 1993. JJ Waste management act amendments Chapter 249 (H.F.287) extends the mand.1te for ensuring residential collection from cities over 5.000 population to all cities and urban towns over 1,000 population; adopts a 10 percent preference for products containing recycled materials in public purchasing; modifies fluorescent light bulb management programs; requires public entities to specify use of degrad.1ble loose foam packing material when purchasing packaged products; modifies county and local government waste reduction require- ments and goals such as requiring separate accounting by cities and other local governments of solid waste revenues and expenditures; limits disposal of certain wastes and requires cities and other collectors by January I, 1994, and annually thereafter, to disclose to each customer or generator where their waste is going; authorizes organized waste collection; and requires hazardous waste labelling by January 1,2000. Various etTective d.1tes. JJ Hazardous waste generator fees Chapter 279 (S.F.880) changes the methods for assessing and collecting hazardous waste administration fees; requires adoption of rules setting up a system for charging fees to generators and facilities. The law allows county permit or license ordinances which are more stringent than state rules. Effective August I, 1993. JJ Hazardous chemical reporting vloJatlom Chapter 282 (SF.l367) authorizes the Emergency Response Commission to issue administrative penalty orders for hazardous chemical reporting violations, and to prepare a plan for using this new authority by December I, 1993. Effective August I, 1993. JJ Aquatic pest control applicator lIcemes Chapter 283 (S.F.304) requires state licensure of aquatic pest control applicators. Effective August I, 1993. JJ Hazardous substance releases Chapter 287 (S.F.1275) modifies provisions protecting people from liability for hazardous substance releases occurring under approved , voluntary response action plans. The law allows the commissioner .of the Pollution Control Agency to make determinations about actions associ- ated with a release. Effective August I, 1993. JJ Asbestos abatement Chapter 303 (SF.502) modifies statutes relating to asbestos abatement and licensing of individuals involved in asbestos-related work and extends certification requirements to asbestos inspectors, management planners, and project designers. Effective July I, 1993. JJ Open burning Chapter 328 (SF.869) modifies statutes relating to wildfire prevention and suppression and open burning prohibitions. The law requires permits for cert:lin burning activities. Effec- tive August I, 1993. JJ Petrofund amendments Chapter 341 (H.F.514) modifies petroleum tank release cleanup program basically as recommended by the administration and the legislative auditor. The law allows use of passive bioremediation in low risk cases, provides for greater review of correc- tive requirements, changes board membership and authority, requires response plans for certain trucks and tank facilities, doubles the petro fund fee to two cents per gallon, increases threshold for imposing the fee, changes reimbursement to 90 percent of the total reimbursable costs on the first 250,000, and 75 percent on any remaining costs in excess of $250,000 on a site. Various effective dates, most August I, 1993 or earlier. JJ Criminal penalties for knowing air pollution violations Chapter 365 (SF. 1368) imposes criminal penalties for knowing violations of air pollution rules and penalties for reporting violations. Requires Pollution Control Agency to report on feasibility of rules establish- ing health-based standards to control toxic air contaminant emissions. Effective August I, 1993. JJ PesticIde control provisions Chapter 367 (H.F.l225) modifies procedures for return of pesticide containers, allows continued use of unregistered pesticides, changes surcharges, authorizes cert.'lin adminis- trative expenditures, and repeals hazardous substance labeling require- ments, Various effective dates, some May 25, 1993. JJ Study the expansion of the combined sewer overflow program for compost facilities Chapter 371 (S.F.636) requircs U1C Pollution Control Agency to study, including the city of Red Wing, the 32 1993 law summaries continued combined sewer overflow program. The bill appropriates $1.5 million for grants to improve operations at mixed municipal solid waste composting facilities owned by multi-county project boards. Effective July I, 1993. Finance County fee authority Chapter 217 (S.F.826) allows counties to impose fees or interest charges on payments to the county which are more than 90 days overdue. The law does not specify a limit on the fee or interest, but does prohibit applying them to property tax pay- ments. SH Omnibus tax but See page 23. General government State licensing of manufacture home installers Chapter 9 (H.F.174) requires state licensure of individuals or entities installing or repairing manufactured homes at the site of occupancy, but excludes dealers who only sell manufactured homes, Treats installers as separate specialty contractors under the residential builders and contractors law, requires a separate written examination, sets a $2,500 bond, and specifies local governments may not place a surcharge on licenses or charge a separate fee to installers. Effective March 27, 1993. J] Prohibiting smoking In child care facilities Chapter 14 (H.F.29) extends the cUlTent prohibition on smoking in commercial child care facilities to family and group day care homes. The law clarifies that the smoking prohibi- tion in commercial licensed day care centers is effective April 1, 1993, and delays the prohibition for licensed family day care and group family day care homes until March I, 1994.11 Unclaimed property reporting limits Chapter 31 (H.F.399) raises the limits of value on unclaimed property from $25 to $100, and limits publica- tion and mailed notice requirements by the state to property of that value. Effective April 16, 1993.11 Dollar limits In special assessment code Chapter 38 (S.F.l98) amends local government contracting provisions in the special assessment/public improve- ment statutes to be consistent with last year's increases in the uniform bidding law. The law raises advertising bid limits from $5,000 to $25,000 and allows direct purchase without bid or advertisement for work estimated to be under $25,000 (now $5,000), with direct supervision of day labor work if over $10,000 (now $2,000). Effective August I, 1993. 11 Utility rate Increases for conserva- tion programs Chapter 49 (H.F.295) authorizes the PubHc Utilities Commission to allow public utilities to me rate schedules which provide for annual recovery of energy conservation improvement costs. Effective August I, 1993.11 CIties payment of rewards Chapter 63 (H.F.461) authorizes cities to offer and pay rewards, or fund payment of a reward by a nonprofit organization, in amounts deemed appropriate for information leading to the apprehension and charging or conviction of a person alleged to have committed a felony within city limits. Effective August I, 1993. 11 Optical disk storage for government records Chapter 71 (S.F.43I) allows government records, including those with archival value, to be transferred and stored' on a noneras:lble optical imaging system and retained only in that format, if the city meets perma- nent record standards, creates and maintains an off-site backup copy, and meets other guidelines of the informa- tion policy office. Effective August I, 1993.11 CIties under SOO to transfer misde- meanor prosecution Chapter 90 (H.F.893) allows cities of 500 or less population to give misdemeanor prosecution duties to the county attorney if the county board approves. Prosecution responsibilities for charter or ordinance violations are not affected by this new law. Effective August I, 1993.11 Winter burials required Chapter 100 (S.F.1602) requires public cemeteries to provide burials at all times of the year, and allows additional charges for burials in difficult weather. The law prohibits cemetery relocation without the consent of the owners. Effective August I, 1993.11 State contracting with RDCs Chapter 139 (H,F.l68) allows state agencies to contract with regional development corporations (ROC). The Department of Trade and Economic Development (DTED) will contract with ROCs to coordinate business and community development, and trade and tourism with local government or other agency progranls. DTED regional programs will be guided by ROC priorities. The law does not preclude the state from contracting with state agencies or local govern- ments for service delivery. Effective August 1,1993, SH Roofers In state contractor Iicen~ing law Chapter 145 (H.F.554) makes roofers subject to all state licensing requirements, establishes a $60 annual 33 1993 law summaries continued license fee until March 31, 1994; and requires examination completion prior to licensure. Effective May 15, 1993. 11 ruc rate approval requirements Chapter 190 (S.F.1087) requires the Public Utilities Commission to consider environmental and socioeco- nomic impacts in competitive rate approval proceedings. Effective August 19,1993. JJ Data practices advIsory opInions Chapter 192 (SF. I 620) authorizes the commissioner of administration to issue, if requested, a written opinion relating to public access of govern- ment data, rights of subjects of the data, or classification of the data The law sets procedures for these requests, including a mandatory fee of $200 from local governments requesting the opinion. Attorney general's written opinions take precedence over the commissioner's opinions. While these opinions are not binding, a local government conforming with a written opinion of the commissioner is not liable for compensatory or exemplary damages or awards of attorneys fees in data practices actions. Effective August I, 1993. JJ County late fee authority Chapter 217 (S.F.826) allows counties to impose fees or interest charges on payments more than 90 days overdue, except for property taxes already subject to penalty and interest. Effective August I, 1993. JJ Statewide contractor recovery fund Chapter 245 (H.F.948) modifies Department of Commerce licensing provisions of residential building contractors and remodelers, sets license requirements, details specialty contractor skills, sets licensing criteria and exemptions. and details enforce- ment. The law creates a new public recovery fund allowing easier collec- tion against insur.mce policies or bonds. Effective August I, 1993. JJ City authority to license or bond auctioneers Chapter 251 (H.F.1039) prohibits cities from requiring county licensed and bonded auctioneers to obtain a city license or bond. Cities may require an auctioneer who intends to operate in the city to prove compliance of licensure and bond requirements ($2,000) at least 14 days before the auction. Effective August 1, 1993. Local access surcharge on telephone service Chapter 272 (HF.584) Imposes a local access surcharge on all telephone lines and expands the definition of communication-impaired people. The law doubles allowable assessment to 20 cents per line monthly. Some sections effective May 20, 1993, rest on July 1,1993. JJ State auditor bill modifying local government practices Chapter 315 (S.F.580) is the state auditor bill and features: Local government grantees and contractors The law allows examination of books or other materials of a grantee or contractor that arc relevant to a local government contract or transac- tion. Whoever requests the examina- tion must pay for the investigation but the law remains ambiguous to who pays if the auditor initiates the' investigation. Interest charges on auditor bills The state auditor may charge 18 percent interest on undisputed bills if a political subdivision owes for audit services and doesn't pay within 60 days of the due date. Summary budget information Local governments must provide summary budget information to the state auditor, on special forms, by December 31 of each year. The state auditor, with representatives of city government will develop a reporting form providing the necessary summary budget information. County reporting standards task force The law establishes a county financial accounting and reporting standards task force. There is no similar city proposal. Local government employee compen- sation The salary and the value of all compensation of a local government employee cannot exceed 95 percent of the governor's salary. The new language specifically mentions life insurance policies other than term life insurance and other direct and indirect items of compensation, including reimbursement for dues to organiza- tions that are not of a civic, profes- sional, educational, or governmental nature. Compensation the law specifically excludes--reasonable vacation and sick leave allowances, health and dental insurance, pension benefits, term life insurance benefits, and other employee benefits that are also provided for the majority of all other full-time employ- ees. The benefit's value is the annual cost to the political subdivision for providing the benefit. Expense reimbursement, including relocation expenses paid during the initial year of employment, are not restricted, but by implication some "severance expenses" such as reloca- tion reimbursement upon termination, would be restricted. Hearing on continuing liquor store operations A hearing on the continuation of a municipal liquor store operation is necessary if the store has shown a net loss in two of three consecutive years, calculated prior to any interfund transfer. Use of certain county funds for travel Counties may use county funds for advancing expenses to county officers and employees for travel that is related to the performance of their job duties. 34 1993 law summaries continued Delegating authority to pay claims Cities which prepare annual audited financial statements may delegate authority to certain adminis- trative officials to pay claims and bills prior to review by the governing body. Delegation is by resolution. The city needs internal accounting and adminis- trative control procedures to ensure proper disbursement, including the council's regular and frequent review of the officials' actions, and a list of claims paid at the next regularly scheduled council meeting. Removal of Plan B city managers Additional procedural require- ments associated with the removal of Plan B statutory city managers are specified. The manager can demand written charges and a hearing within seven days of the council's notification of removal. The council then sets a reasonable time and date for a public hearing, within 30 days of the demand. The hearing may not be reconvened or recessed without council approval. The council must notify the city manager, within five days of the hearing, of the council's decision to retain or remove the city manager. The decision of the council is final and pending the hearing and removal, the council can suspend the manager with or without pay at the council's discretion. Severance pay limits The amount of severance pay a local government can provide to a highly compensated employee is limited to the equivalent of six months of pay (currently 12). Highly compen- sated employees are those with estimated annual wages greater than 60 percent of the governor's annual salary and equal to or greater than 80 percent of the estimated annual wage of the second highest paid employee of the local unit of government. Severance pay for a higWy compensated employee includes benefits or compensation with a quantifiable monetary value which is provided for an employee upon termination of employment. Not included is compensation for accumu- lated sick leave or vacation, The bill includes the limitation that periodic payments used to cover group insur- ance continuation for employees is not considered as compensation. There are several limited exceptions to this limitation, most of which were inserted by lobbyists for particular jurisdictions. Claims against local employees The Jaw requires a public meeting to approve any severance payment for a highly compensated employee which includes a payment for settling disputed claims. whether or not the claims have been filed, or for any payment for terminating a written employment contract At the meeting, the council must make public the financial terms of the severance agreement If the governing body approves the agreement, it becomes effective 15 days after the date of approval. Either party may terminate the agreement during that period of uncertainty. Limits on use of local government vehicles A local government employee or an appointed or elected official may not use a local government vehicle for any purpose other than authorized local government business, but the law allows personal use that is clearly incidental to the use of the vehicle for local government business. An employee or official could not use a public vehicle for transportation to or from the employee's residence, except in the following circumstances: o In connection with work-related activities during non-working hours. o If the employee has been assigned the use of a local government vehicle for authorized business on an extended basis, and the employee's primary place of work is not the local government work station to which the employee is permanently assigned. S If the employee has been assigned the vehicle for business away from the work station, and the number of miles traveled, or tlll: time needed to conduct the business. would be minimized if the employee uses a local govern- ment vehicle to travel to the employee's residence before or after traveling to the place of business. This section of the law does not apply to public safety vehicles that a political subdivision owns or leases. Mortgage backed securities The law excludes high risk mongage backed securities from authorized investment instruments. Beginning January I, 1994 brokers or municipal agents transferring, purchas- ing, or obtaining securities for, or on behalf of a municipality, must provide, prior to the initial transaction, written notification that the security is a permissible municipal investment under Minnesota law. Rollover contracts prohibited In an attempt to prevent evasion of the new compensation limitations, the law also includes a section prohib- iting "rollover" contracts, Effective August I, 1993. JJ Youth apprenticeship program Chapter 335 (RF.lO) establishes a comprehensive youth apprenticeship system under an education and employment transitions council. The law sets program criteria and appropri- ates $1,000,000 to the Department of Education for demor.stration progranls, Effective July I, 1993.11 Advisory council expIrations Chapter 337 (S.F.1054) modifies expiration provisions for state advisory councils and committees and deletes authority for various councils and task forces. Generally effective July I, 1993, with one section effective upon enactment. 11 35 1993 law summaries continued- Data practices amendments, person- nel settlements Chapter 351 (H.F.1245) classifies licensing, educational, motor carrier operating, Social Security, retirement, and auditor's dala, certain investiga- I ive data, customer lists provided by sol id waste collectors, and rcqu ires ccrlain disclosures. Important sections for cities include one that says "any dispute arising out of the employment relationship" is public information, and another specifying that a final disposition occurs when an employee fails to elect arbit!'ation within the time provided by the collective bargaining agreement, and a section authorizing responsible authorities from limiting access to data on harassment charges. Five sections are effective May 25, 1993. All others, including the person- nel and harassment sections, are effective August I, 1993.11 City and city officials' phone records Chapter 370 (H.F.I377) makes long-distance telephone bills paid for by the state or a political subdivision, including those of representatives, senators, judges, constitutional officers, heads of departments and agencies, local officials, and employ- ees thereof, public data. The law allows broader notification rights for rule-making proceedings, requiring state agencies to keep lists of people wishing to receive notice of proposed rule-making. The law makes changes '0 other legislative and administrative activities and has various effective dates, but is generally effective May 25, 1993. IJ Housing HRAs, G,O. authority Chapter 320 (H.F.504) allows county housing and redevelopment authorities (HRAs) to undertake a scattered site public housing project, without approval by a city resolution (in addition to the existing exception for section 8 housing). The limit on HRA contracts bids will be $25,000 (currently $15,000). The bill amends the levy authority for the Duluth HRA. It requires that the housing develop- ment project must be owned by the housing authority for the term of the bonds to issue general obligation (G. 0.) debt. SH Housing bonding allocation Chapter 164 (HF.1579) provides contingency plans to cover laie passage of federal bonding authority, expands tax credits for multi-family rental housing, and makes residential rental bonds more flexible. SH Housing trust fund, neighborhood land trust program Chapter 236 (SF.264) creates a separate community rehabilitation fund in the housing development fund. Cities can receive grants or loans from this account for construction, acquisi- tion, rehabilitation, demolition, financing, or refinancing of low- income housing for specific geo- graphic areas. Appropriates $2 million for the biennium. The law eliminates the require- ment that the Minnesota Housing Finance Agency review proposals for housing bond issuances (and eliminate the $1,000 charge). Cities must report to the MHFA within 30 days after issuing bonds describing the program, bond amount, income limits, and rent levels. The act gives authority, through the local government unit housing account, for cities to sell single-family residential housing directly to low- and moderate-income people or families. The MHFA may establish Indian housing demonstration projects in consultation with several Indian tribes, and expand the urban Indian housing program. SH Metropolitan Study of metro telecommuting Chapter 289 (S.F.273) "urges" the commissioner of tranSportation to conduct a study of metro area telecommuting (performing work at home through electronic connections). Effective May 20, 1993.11 Metropolitan Council 800 megahertz radIo study and plan Chapter 313 (S.F.I062) establishes a radio systems planning committee under the Metropolitan Council to study and prepare a detailed metro- politan plan for use of new 800 megahertz radio channels. Effective May 21, 1993 and expires June 30, 1994.11 Metropolitan Council district boundaries Chapter 314 (SF. 108 I) redraws Metropolitan Council district bound- aries and modifies appointment provisions to match the new bound- aries. Effective May 21, 1993.11 Metropolitan library study Chapter 334 (RF.I486) requires the Metropolitan Council to study metro area library systems. Effective August I, 1993. II MTC use of parkways Chapter 154 (H.F.I169) allows the Metropolitan Transit Commission (MTC) to use roads designated as parkways as a part of their regular route system. In Minneapolis, how- ever, the MTC must obtain peffilission from a newly created five-member board consisting of representatives of the Minneapolis Park Board, and a jointly appointed fifth member. SH Pensions and retirement Volunteer fireflghter relief associa- tion corporate registration Chapter 86 provides that the timely filing of the volunteer fire- fighter relief association's required annual financial report and audit, or annual financial statement, constitutes compliance with corporate registration requirements of the secretary of state.SP 36 1993 law summaries continued Arbitration of essential employee health benefits Chapter 149 (S.F. 629) allows essential employee unions to take to binding arbitration the issue of employer contributions toward group health insurance for retired employees. Effective May 15, 1993. SP Retirement Incentive program for government employees Chapter 192, Section 108. (S.F. 1620) provides a retirement incentive program for local government employ- ees at the option of the employer. It includes the following elements: . Eligibility for the incentive program is limited to employees who: . Have at least 25 years of combined service credit in any state pension plan or are at least age 65 with at least one year of combined credit, . Are immediately eligible upon retirement for an annuity from a defined benefit plan, Are at least 55 years old, and Retire on or after May 17, 1993 and before January 31, 1994. e There are two incentive options: . f An increase in the multiplier ") percentage used to calculate the retirement annuity for )I~,.r each year of service up to 30 t"1,~",~ '(\ years (the multiplier increase \.- c' .,-! is 0.25 except that it is 0.1 per \ year of service credit in a Minnesota teacher retirement \J"'''''' . \ plan), or i (. Employer-paid hospital, tJ ,/, ) ~ medical, and dental insur- v\~"\b.. ance. t 0/' For most employees (PERA basic ) :md coordinated members), the employer can choose to offer only one option. That option for most cities should probably be the 0.25 multiplier increase which has no direct cost impact on the city. . The statute is not clear, but PERA police and fife fund members may be eligible for the health benefit incentive if they meet the age and service requirements and if the city offers early retirement incentives under the act to any of its employees. Though it is less clear, the act may provide the health insurance incentive to members of the consolidation account if they choose or have chosen the PERA P&F benefit and if the city offers the incentive to any employees, The statute says, "An employer that offers incen- tives under this section may not exclude eligible employees." Thus a city offering health care incentive to police and fife personnel may not eliminate that option for PERA basic and coordinated employees. . The employer-paid health, medical, and dental insurance option, is only available if the retiring employee: Is eligible for employer-paid insurance under a colIecti ve bargaining agreement or personnel plan in effect on the day before final enactment, . Has at least as many months of service with the current employer as the number of months younger than age 65 the person is at the time of retirement, and Is less than age 65. o Although offering the incentive program is optional if local government offers it, it must be to all eligit-le employees, e Until June 30,1995, a local government cannot hire a replace- ment for a person who retires undenhis optional program "except under position-specific action of the governing body." . If employees choose the em- ployer-paid health insurance option, they must receive the same coverage(s), and the same amount or percentage of employer-paid premium contribution that they did immediately before retire- ment, subject to any changes in coverage and employer and employee payments through collective bargaining or personnel plans. . The employee is not entitled to employer-paid life insurance. . Eligibility for this employer-paid option ceases: When the retired employee reaches age 65, When the retired employee chooses not to continue to receive benefits, QI When the retired employee is eligible for employer-paid health insurance from a new employer. o Unilateral implementation of the program is not an unfair labor practice. The limits on fornler employee benefits in PELRA (Minnesota Statutes 179A.20, sub<!. 13) do not apply. . If the employer already pays health, medical, and dental insurance for all or some of its employees, the retiring employee can still be eligible for the multiplier option. SP Volunteer firefighter relief associa- tions: Benefits, caps, reporting Chapter 244 (S.F.853) authorizes a stepped increase in the maximum lump sum service pension from $3,000 per yeM of service maximum to: o $3,375 as of May 25, 1993; . $3,500 as of January I, 1994; . 4) $3,750 as of January I, 1995; and e $4,000 as of January I, 1996. The act increases the amount of average available financing per flfefighter necessary to pay any stated monthly service ;>ens ion or lump sum service pension. Volunteer firefighter bencfits havc definite caps undcr tllC ncw law. 'Illc act provides for rccovcry of anlOunL~ in excess of the statutory cap and a 37 1993 law summaries continued reduction of Slate fire aid to cities with relief associations which violate the maximums. Cities can contest slate determinations of overpayment. However, the act validates overpay- ments of pensions before March 15, 1992 if they were in conformance with relief association bylaws or articles of incorporation. A city may continue a benefit even if relief association funding decreases. However, it cannot increase the service pension amount until the available financing meets the statutory requirements. Volunteer firefighter relief associations may recognize partial years of service if the retired fire- fighter meets other qualifications and the by laws or articles of incorporation allow it. The act simplifies volunteer tirefighter association investment performance reporting for relief associations with assets between $500,000 and $2 billion. It allows direct institutional transfers of lump sum service pension amounts to an individual retirement account (IRA). However, relief associations should be careful to avoid the IRS penalty for improper transfers. Effective May 25, 1993. The act prohibits gambling organizations from contributing to governmental unit pension or retire- ment funds. It also prohibits govern- mental units from accepting contribu- tions from lawful gambling for pension purposes. Effective May 25, 1993. The act clarifies the funeral benefit coverage of the Golden Valley Volunteer Firefighter Relief Association.SP PERA administrative changes Chapter 307 (H.F.574) is the administrative bill for the Public Employees Retirement Association (PERA), and other statewide retire- ment systems. The law excludes from PERA independent contractors and their employees, members of go~ernmental boards and commissions who serve intermittently, phannacists' interns, foreign citizens working for a govern- mental subdivision for less than three years, and certain public hospital employees. The defmition of salary excludes reimbursement of expenses, lump sum settlements, employer-paid flexible spending accounts, cafeteria plans, health care expense accounts, and day care expenses. Salary includes all disability payments. A temporary public employment position is six months or less. and excludes probation. If an individual returning from a general leave of absence is terminated within one year of returning, the person can make payments to receive service credits for the leave period. Individuals must return to public service for at least 90 days to be eligible to purchase service credit for a subsequent leave. The same is true of sick leave. On periodic, repetitive leaves, interest is due from the end of the normal cycle rather than from the date the contributions were first payable. The act limits service credit for authorized temporary lay-off to three months per calendar year; renames maternity, paternity, or adoption leave as parental leave and specifies that service credit can only be granted if the leave occurs within six months of a birth or adoption; clarifies who qualifies M a coordinated member; sets repayment dates for membt:rs receiving disability benefits; makes changes to comply with the federal age discrimination act; authorizes a supplemental monthly benefit to disabled basic members of $50 for a specified period of years rather than the current benefit which depends on the age when the disability occurs. When a re-employed annuitant's salary exceeds the amount permitted under Social Security, PERA can suspend, rather than reduce the annuity, The law allows for light-duty police or fire positions in the police and fire membership. It deletes the requirement that PERA police and fire fund members must be under age 55 to be eligible for line-of-duty disability benefits. The law recognizes mid-year local post-retirement escalations for consoli- dation account members who elect PERA police and fife fund benefits. An individual may draw a full local plan benefit while re-employed in a PERA or PERA police and fife covered position and accruing service and salary credit in those funds. The act allows elected local government officials and individuals providing ambulance services to withdraw from the defined contribu- tion plan at any time. The act deletes final mon thly salary amounts as a cap on pensions at the time of disability or retirement. SP PERA pollee and flre benefit increases Chapter 352 (H.F.570) increases the multiplier rate from two and one- half percent per year of the high-five average of service to 2.65 percent. The law increases the duty-related disabil- ity from the current 50 percent to 53 percent of average salary, plus 2.65 percent of average salary for eacb year of service in excess of 20 (currently two and one-half percent). Effective July I, 1993. For those cities which have consolidated loc::! police and fire relief associations into PERA, no benefit increase goes into effect for the consolidation account members who have elected or will elect the PERA P&F benefit plan, until the applicable city approves the extension of the post June 30,1993 PERA P&Fbenefit for those consolidation account members. Affected cities should take no action to approve this increase until they bave reliable actuarial information as to the real costs. Such actuarial information should include re-examination of experience trends as to mortality, 38 1993 law summaries continued disability, salary increases. and invesonent earnings among other things. Those cities in the process of consolidating local police or paid fire relief associations need to adjust Iheir cost estimalcs for Ihe new benefits which will be effective if Ihe city approves the consolidation. The act also reduces the employer contribution from 12 percent to 11.4 percent for PERA police and fife fund members and the employee contribu- tion from Ihe current 8 percent, to 7.6 percent. Effective for the flfst full payroll period after December 31, 1993. Finally, Ihe act provides a mecha- nism for adjusting employer and employee contributions. If three consecutive regular (annual) actuarial evaluations of the PERA police and fife fund show an excess of one-half percent of covered payroll, employer and employee contributions will decrease untillhe sufficiency equals one-half percent. If the evaluations show a deficiency in excess of one- half percent, both contribution rates must increase. The executive director of Ihe PERA must determine contribu- tion rate increases or decreases which become effective on the flfst full payroll period after June 30 following Ihe third consecutive evaluation showing a deficiency or sufficiency. SP Personnel Ambulance longevity awards Chapter _ (special session) is the heallh and human services bill, which Ihe governor vetoed and the Legislature re-enacted at the special session, The law establishes an ambulance service personnel longevity award and incentive program. Ambulance attendants, drivers, and medical directors or advisors of licensed ambulance services would be eligible for the awards. The awards would go to those personnel who are at least 50 years old, have at least five years of service, and are among the 400 people with the greatest amount of service applying by August 15 of each year for an award during Ihat particular year. These individuals would receive an amount proportionate to their total years of service (up to 20 years) and would divide the appropriated amount. The bill also requires a study of ambulance service in Minnesota due February I, 1995. II Definition of confidential employees Chapter 12 (H.F.97) changes the definition of public confidential employees, deleting the inclusion of all employees who work in a public employer's personnel office. The determining factor for confidential status will be whether the employee has access to information which is used in collective bargaining. Was not signed by governor, but will become effective August I, 1993. II Discrimination based on sexual orlenta tlon Chapter 22 (H.F.585) prohibits unfair discriminatory practices based on sexual orientation, with specified exceptions for employment (nonpublic service organizations for minors such as scouting, and religious or fraternal groups) and housing (resident owner rental of unit in a two-unit dwelling). Sexual orientation is defined as having or being perceived as having an emotional, physical, or sexual attach- ment to anolher person wilhout regard to the sex of Ihat person. The law specifically does not include a physi- cal or sexual' attachment to children by an adult. Effective August I, 1993. II Discard of cIvIl servIce lists Chapter 35 (S.F.903) allows police civil service commissions to strike names from civil service eligible registers after one (now two) years. The rules may allow for retaining Ihese lists for longer periods than one year. Effective August I, 1993. II Hand-held radar operating proce- dures Chapter 61 (H.F.801) requires law enforcement agencies which use hand- held radar units to adopt procedures to reduce operator exposure to micro- wave radiation. Effective August I, 1993. II Insurance coverage for mental health services Chapter 8 I (H.F.670) provides that health insurance policies or programs which cover mental or nervous disorder treaonents must cover services offered by mental health professionals (now psychological practitioners and licensed psycholo- gists). Applies to policies and contracts issued or renewed on or after August I, 1993. II Health Insurance coverage for port- wine stain removal mandate Chapter 116 (RF.9) requires health plans to cover elimination, or maximum feasible treaonent, of port- wine stains for any covered person who is a Minnesota resident. No health carrier may reduce or eliminate coverage due to Ihis requirement, nor increase rates for this change. Effec- tive August I, 1993. II State salary reporting Chapter 122 (H,F. 1199) specifies elements to be in the uniform baseline determination document. The docu- ment must include the costs of any increases to Ihe wage schedule, lllc costs of employecs moving lllrough Ihe wage schedulc, costs of mcdical, dental, and life insurance, lump sum payments, shift differentials, extracur- ricular activities, longevity and contributions to a deferred compensa- tion account. The document must be completed for collective bargaining agreements effective after June 3D, 1993. Effective May 12,1993. JJ 39 1993 law summaries continued Separation of essential bargaining units Chapter 136 (S.F.911) requires the commissioner of mediation services to designate separate units for peace officers and other essential employees upon the request of either group of employees. JJ Volunteer fire, rescue, and ambu- lance Chapter 136 (S.F.911) authorizes employee agreements with state employees for response to emergency calls as volunteer ftrefighters or rescue workers. The law details specific agreement requirements. Effective August 1,1993. JJ Arbitration of retired essential employees' health coverage See pensions and retirement. First class city appeals from civil service commLsslon decisions Chapter 152 (S.F.741) gives district courts jurisdiction to review first-class city civil service commis- sion or board decisions and orders on petition of an employee or appointing authority. This law reverses a recent court decision which held that only the employee could appeal a decision of the civil service commission. Effec- tive May IS, 1993. JJ Police agency exemption from offender rehab law Chapter 159 (HF.732) clarifies the exemption of the peace officer standards and training (POST) board and law enforcement agencies from the criminal offender rehabilitation employment law. The law requires disclosure of conviction after pardon in peace officer licensing process, otherwise disclosure of the pardon can only be made in judicial proceeding. Effective May IS, 1993. JJ Workers' com~nsatlon Insurance Chapler 194 (S.EI413) modifies workers' compensation insurance provisions to exclude certain wages in determining premiums, provides registration exemption, requires guardian or conservator for employees or dependents who are minors or incapacitated, and modifies applica- tion to certain nursing homes. Signed May 14, 1993, various effective dates. 11 Access to city health plans by non- employees Chapter 215 (SF.406) authorizes cities (and counties and school districts) and their instrumentalities which have self-insurance health benefit plans to allow employees of their exclusive representatives to enroll, at the employee's expense, in the employer's self-insurance health benefit plan. The exclusive represen- tative must request this access and the government may deny the request. Effective August I, 1993. JJ. Defense and Indemnlflcatlon of private employees Chapter 216 (S.FA41) requires private sector employers to defend and indemnify their employees for civil damages, penalties and fines levied against an employee who was per- forming employment duties and was not guilty of misconduct or neglect. The law specifically does not apply to public sector employers and employ- ees covered under either the state or local government tort claims act This law will lead to contrast and compari- son between the various statutory provisions. Effective August I, 1993. 11 City officer fidelity bond requIrements Chapter 218 (S.F.1l41) was an LMCILMCIT initiative to allow a city to use a self-insurance revolving fund or pool to meet state bond require- ments for city officers and employees. Effective August 1, 1993. JJ Defense costs for officers In citizen review cases Chapter 220 (S.F.58) requires cities, towns, and counties with peace officer civilian review boards to pay the reasonable costs of legal counsel and reasonable fees incurred by the officer in defending against a com- plaint if the complaint is not upheld. If a complaint is sustained, the local government cannot pay. Effective May 18, 1993. JJ MInnesota.Care modlflcatlons Chapter 247 (SF.419) modifies and makes corrections to the health right (now Minnesota-Care) act. Effective August 18, 1993. JJ Payment of employee wages Chapter 253 (H.F.1151) deletes employer authority to withhold employee wages pending submission of a signed gratuity statement. Unless paid earlier, wages earned during the first half of the first 30-day pay period are due on the ftrst regular payday following the first day of work. Effective May 20, 1993. JJ Child labor curfew Chapter 261 (S.F.53) sets child labor curfew for high school students under age 18, limiting work after 11:00 p.m. on a school night or before 5:00 a.m. on a school day, except with parental permission. The law provides a half-hour leeway, sets a penalty, and makes a single offense resulting in substantial harm a gross misdemeanor. Effective August 1, 1993. JJ Unemployment compensation eligibility study Chapter 270 (S.F. 236) requires the Department of Jobs and Training to study the issue of employees separated from employment due to problems with child care and domestic abuse and to develop an interim policy to deal with domestic abuse and unem- ployment compensation. Effective May 20, 1993. JJ Discrimination based on disability Chapter 277 (H,F.208) expands the prohibition against discrimination against disabled people who use service animals. The law modifies a metropolitan agency contr3ct affirma- 40 1993 law summaries continued tive action plan, eliminating the requirement that businesses have more than 20 employees in Minnesota for requirement to apply. Effective August I, 1993. JJ OSHA standards and requires state agencies to study independent contrac- tor compliance with unemployment and workers' compensation and income tax withholding requirements. Effective June I, 1993. JJ and imposes additional annual report- ing requirements. The law also requires metropolitan cities to com- plete water plans as part of systems plans they submit to the Metropolitan Council. The Metropolitan Council must prepare guidelines by January I, 1994. Local plans are due January I, 1996. Effective August I, 1993. JJ Rule of 90 revIew requirement Chapter 280 (S.F.566) repeals the current requirement for periodic review of the public retirement rule of 90. Effective August I, 1993. JJ Health care Chapter 345 (H.F.ll 78) imple- ments recommendations of the Mimtesota Health Care Commission, setting up integrated service networks Employer use of consumer credit and regulating health care services not reports ,provided through such networks, , Chapter ~92 (H.F.777) req~U"es requiring data collection, and setting disclosure pnor to an employer s use up cost containment measures. of a consumer r~port for emplo~ent Various effectivp. c1"t,.S many May 25, purposes, and gives the prospeCtive 1993. _--- ~ employee a right to obtain a copy of .---/ the report The employer must advise" _. . consumers when a consumer reponis Planmng and zomng a basis of adverse action. The law Special assessments on agricultural ' allows public and private enforcement land , actions, Effective August I, 1993. JJ Chapter 141 (H.F.622) expands protection for agricultural lands in the seven-county metropolitan area by deeming new roads, public storm sewer systems, and other public improvements on, adjacent to, or in the vicinity of lands or buildings which have been enrolled in agricul- tural preserves to be of no benefit and unassessable. The law prohibits local , governments from enforcing regula- tions whicbunreasonably restrict agricultural preserve operations. . Effective August I, 1993. JJ -1- Child support enforcement /, (\ Emergency plans for public water Chapter 340 (H,F.1042) is the jsuppller omnibus child support enforcement I\-\' Chapter 186 (S,F.697) modifies act. It changes administration, compu- water allocation priorities, encourages tation, and enforcement of child water reuse for nonconsumptive support; expands business record purposes, requires, by January 3 I, investigation authority to locate 1994, revocation of permits for use of obligors; creates county bonus incen- over 10 mi!Iion gallons annually for tive prog.ram for es~blishin.g paternitYj' surface water level maintenance, and and proVides collection projects. requires fees for past unpennitted Various effective dates. JJ water appropriations. The law also ! requires every public water supplier Independent contractor reqUiremel serving more than 1,000 people to Chapter 344 (H.F.l387) requires submit an emergency and conservation independent contractors to meet, plan to the DNR by January I, 1996 ~/~ Preemption of manufactured home setback ordinance Chapter 286 preempts city zoning ordinances from being adopted after May 22, 1993 and before August I, 1994, that establish setback require- ments for manufactured homes in a manufactured home park if the ordinance would have the effect of prohibiting replacing a home in a manufactured home approved by the Department of Housing and Urban Development. Further, setback requirements adopted by ordinance by a city after April I, 1991, are suspended and have no effect until August I, 1994, if they also function to prohibit home replace- ment. Effective May 20, 1993.11 Child support and spousal mainte- nance Chapter 322 (H.F.I29) modifies family law provisions, allowing license suspension for unpaid mainte- nance; changes court order notice and child support order notice require- ments; sets jurisdiction for certain abuse actions; and specifies relief. Effective May 21. 1993, one section dealing with paternity is effective January I, 1994. JJ Ijublic safety Department of Health programs / Chapter 286 (S,F.II05) extends / certain state advisory bodies to June , / 30, 1994, changes appeal procedures for camp operators, modifies the lead abatement program, and requires additional licensing. It also changes lodging establishment regulation. Three of the sections became effectivc May 20, 1993, the rest arc effective August 1,1993, JJ Video screens In pollee vehlcles/ snowplow lighting Chapter 26 (S.FA34) modifics traffic and law enforcement vehicle provisions, allows ccrtain video screens visible to drivers in vehicles such as in law enforcement vehicles or as a means to aid driver visibility to the rear or sides, authorizes high 41 1993 law summaries continued mounting of auxiliary lights on vehicles with snowplow blades, and clarifies seat belt and passing statutes. Effective August I, 1993. ]J Treatment facUlty absences Chapter 60 (H.F.846) adopts new procedures for return of patients who arc absent from treatment facilities without authorization beyond 72 hours or immediately if the head of the facility considers the patient to be a danger to self or others. The law requires notice to local law enforce- ment agencies and the committing court. The local law enforcement agency must then enter information on the patient into the criminal justice information system according to missing persons practices. The law specifies authorization to detain and return, and procedures for law enforce- ment agencies to follow. Effective August I, 1993. No-smoking hotel rooms Chapter 66 (H,F.806) makes it a petty misdemeanor to smoke in a hotel sleeping room designated, and con- spicuously posted, as a nonsmoking room. Courts could require reimburse- ment to the owner for actual costs, up to $100, to restore the room to previolation condition. Effective August I, 1993. ]J Child passenger restraint penalties Chapter 74 (H.F.477) doubles the penalty to $50 for child passenger restraint system violations, with fine waiver or reduction if the vehicle operator provides evidence of purchase of a restraint system meeting federal safety standards. Applies to violations on or after August I, 1993. ]J Hus rlght-oC-way ruleslbus stop parking Chapter 83 (H.F.1122) prohibits parking in marked handicapped transit stop (80 feet in front of the sign), and gives transit buses right-of-way to enter right-hand traffic lanes. The law also provides for public transit priority in energy emergencies. Effective August I, 1993. ]J Pickup, camper, boat combinations Chapter III (S.F.50) authorizes highway operation of cert.airi recre- ational vehicle combinations without permits, if the units are not over 60 feet in overall length, do not have a camper- trailer portion longer than 26 feet, have a driver over 18, and are not operated in the metro area during the hours of 6;00 to 9;00 a.m. and 4;00 to 7;00 p.m. on weekdays. Effective May 11, 1993 and sunsets November I, 1995. ]J Pedestrian right-of-way Chapter 115 (H.F.113) specifies that pedestrians crossing roadways in crosswalks that have pedestrian control signals have the right-of-way. Effec- tive August I, 1993. ]J , Tow truck operator driver qualIfica- tions Chapter 117 (H.F.969) adopts federal motor carrier provisions, includes certain tow trucks as exempt carriers, and exempts lightweight vehicle drivers from certain qualifica- tion rules. Most sections effective May 11, 1993. JJ Disability parking enforcement by volunteers Chapter 130 (H.F.874) extends the authorization to adopt disabled parking citizen enforcement programs to second class cities. Effective May 14, 1993. JJ DNR authority over snowmobiles and ATVs Chapter 184 (S.F.536) gives the Department of Natural Resources authority over snowmobiles and all- terrain vehicles in additional circum- stances, changes reporting require- ments for accidents on such vehicles, changes responsibility for youthful operators, credits a portion of fines to the trails account, and gives sheriffs certain investigatory authority. Effective August I, 1993. JJ Access to health care facilities Chapter 284 (S.F.l046) makes it a gross misdemeanor to physically interfere with safe access to health care and provides for private civil actions for damages and injunctive relief. The law also allows municipali- ties to contract with county boards and attorneys to provide criminal prosecu- tion services on a case-by-case basis. Effective May 20, 1993. JJ Failure to yield to emergency vehIcle Chapter 304 (S.F.334) allows police to issue a citation in lieu of arrest to a driver when there is probable cause to believe the driver failed to yield to an emergency vehicle. Makes violations petty misdemeanors. Effective August I, 1993. JJ Sute licensing oC off. road vehicles Chapter 311 (H.F.519) regulates the registration and operation of off- highway motorcycles and off-road vehicles. The law sets fees and penalties, and requires comprehensive plans and reports to Legislature. Generally effective August 1, 1993, although two sections (gas tax alloca- tion determinations) are effective May 21, 1993. JJ Tanning Cacilltles Chapter 316 (S,F. 751) regulates tanning facilities, setting equipment and facility standards and requiring posted warnings and signed disclaim- ers. Requires parental consent for individuals under age 16 to use a tanning facility. The law allows more restrictive local ordinances and makes violation a petty misdemeanor, Effective August I, 1993, JJ Tow trucks and personal transporta- tion services Chapter 323 (S.F.13I) modifies motor carrier provisions to change 42 1993law'summaries continued requirements for personal transporta- tion service providers. and tow truck operators. Various effective dates, one May 21. 1993. JJ Smoke detector requirements In existing homes Chapter 329 (HF.l325) changes definition of dwelling for smoke detection device requirements by deleting references to time of con- struction. remodeling, or rental. Bars insurers from denying claims based on failure to meet smoke detector requirements. Effective August 1. 1993. JJ Transportation CSAH funds Cor traffic emergency equIpment Chapter 92 (SF.397) allows use of county state aid highway (CSAH) funds for equipment for emergency vehicle preemption devices on traffic lights. SH Disabled transit user on MTC Board Chapter 119 (H.E I 720) requires that one of the five Metropolitan Transit Commission (MTC) board members must be a metro area resident and a user of transit services for the disabled. Nominations may come from the council on disability. Effec- tive for the vacancy of an at-large member. SH SIgning program to Include urban Interstate highways Chapter 128 (H.E43) requires that the sign franchise system of specific information on gas, food. camping, and lodging be available to be posted on urban interstates. SH Transportation demand manage- ment programs Chapter 230 (SF.l290) allows the cities of Bloomington, Edina, Richfield, Eden Prairie, Minnetonka. Maple Grove. and Plymouth (in consultation with the Metropolitan Council) to adopt transportation demand management plans to use incentives and disincentives to reduce the number of vehicle trips at times of congestion. The cities may charge fees to employers or owners of nonresiden- tial buildings up to a maximum of $500 annually per employer, and to impose penalties on violations of the ordinance. The law also requires the city of St. Paul, with the Department of Administration, Metropolitan Council, Regional Transit Board. and Capitol Area Architectural Board, to develop a transportation demand management plan for the State Capitol complex by February I, 1994, SH LRT authority, corridor manage- ment committee Chapter 353 (S.E414) clarifies that the commissioner of transporta- tion, rather than individual cities. counties, or rail authorities, is empow- ered to plan, design, acquire, con- struct, and equip light rail transit (LRn facilities. If a city, county, or town disapproves of preliminary design plans, the commissioner of transportation and the affected regional rail authority may request review by the metropolitan council. The law creates a corridor management committee to advise the commissioner on the design and construction of LRT in each corridor. The committee will include the members of the light rail transit joint powers board and a representative from each city in the corridor, SII Special legislation Duluth: Transfers from gas division to general Cund Chapter 148 (RE95 I) increases the amount the city may transfer from the gas division account of the public utility fund to the general fund of the city. The city may transfer seven percent (currently five percent) of the gross operating revenue of the gas division in the previous year. Effec- tive upon approval by the city council. SH Triple trailer trucks Chapter 182 (SF. 1148) allows the commissioner of transportation to grant permits for the transport of empty triple trailer trucks under certain circumstances. Such an arrangement may only be used from where they are manufactured in the Omnibus liquor bill state to the state border. SH Chapter 350 (SF.429) authorizes ~ charter bus and limousine passengers Toll Cacllltles to drink alcohol. changes the definition Chapte: ~II (SFY84) permits of restaurants to require on-site road authontIes to bUild and operate preparation of food. limits retail toll facilities, including bridges, licenses, authorizes specific local tunnels, road or highways. and related licenses, changes proof of age provi- rights-of-way. The project to be sion, and changes license suspension financed and developed as a toll and penalty authority. Most if not all facilities must be a part of a of the modifications seem minor. preapproved transportation plan. Road Various effective dates, all on or authorities may contract with private before July I, 1993. JJ operators for design, construction, and operation of a toll facility. Joint powers agreements may enter into such arrangements. Law enforcement jurisdiction on toll facilities would be the same as.for other facilities. SH 43 1993 law summaries continued Hutchinson: Distinguished residence signing Chapter 161 (H.F.1454) allows Hutchinson to use city signs to note residence by artists, writers, and musicians. The signs may be posted on blink highway rights-of-way, and arc not subject to usual pennit require- ments. Effective upon approval by the city council. SH St. Paul design districts Chapter 242 (S.F.262) allows St. Paul to adopt design districts with design review procedures to preserve the City's appearance and quality. Effective day after local approval and filing. JJ Small business loans In Minneapolis Chapter 258 (HF.1259) modifies authority of Minneapolis to make smaIl business loans, allows capital purchase and improvement loans and defines eligible small businesses. Effective day after local approval. JJ Minneapolis: Small business loans Chapter 258 (H.F.1259) expands the purposes for which the city may give small business loans. Effective upon approval by the city council. SH Residency requirements for Mlnne. apolls employees Chapter 260 (HF.74) authorizes the city of Minneapolis, its library and park and recreation boards, and the Minneapolis school district, to require residency within the city as a condition of employment. The residency requirement may apply only to people hired after the date the requirement takes effect. Effective upon respective local approvals and filings. JJ Hopkins landfill cleanup Chapter 263 (HF.1436) increases 1991 appropriation to the Pollution Control Agency by $1 million from the metro landfill contingency action trust fund to reimburse the city of Hopkins for methane remediation. Effective May 20, 1993. Legislation vetoed by the governor Public Investments In credit unions Chapter 28 (H.F. 296) would have authorized greater use of credit unions as depositories of public funds. JJ Residential speed limIts Chapter 140 (HF.l398) would have allowed cities to adopt a 25 mph speed limit on residential roadways.- streets less than one-quarter mile in length designed or used primarily for abutting residential properties. SH Comprehensive choice housing in metro area Chapter 234 (H.F.671) would have required the Metropolitan Council to adopt rules for appropriate proportions of adequate housing choices in cities in the seven-county metropolitan area, and to detennine the extent to which each city or town meets its a1lounent. The bill did not include Slate aid penalties for noncompliance, but did provide for a study of incentives to encourage housing choices. (Part of the Orfield proposal.) SH ' Metropolitan transportation area goals and plans Chapter 294 (H,F.623) would have required the commissioner of transpor- tation to amend the existing slate transportation plan to include specific new criteria to detennine when and where spending on transportation infrastructure should occur. Its Slated purpose was to "Slabilize and enhance the social and economic health" of the seven-county metropolitan area. (Part of the Orfield Proposal.) SH Arbitration for new bargaining units Chapter 346 (S.F.89I) would have made interest arbitration mandatory for newly certified non-essential units under certain circumstances. The chapter also would have applied to the private sector. 11 IDgh-speed bus study In metro area Chapter 349 (S.F.811) would have authorized study of a high-speed bus system and appropriated $50,000. SH Equal time for unions Chapter 359 (SF.785) would have made it an unfair labor practice to deny a union equal time to what management spends meeting with employees during a union organizing drive. This chapter also would have applied to the private sector. 11 Union representation during Investi- gations Chapter 360 (S.F.544) would have made it an unfair labor practice to fail to notify an employee of his or her right to union represenlation before any investigative interview. JJ 44. 1993 law summaries continued OInnibus tax-bill Chapter 375( H.F. 427) contains many provisions related to local governments and local finance. State aid and city finance LGA formula The law creates a new LOA formula based on the original League formula proposal. For 1994, each city will receive a base amount of LOA equal to the 1993 LOA, equalization aid, and disparity reduction aid distributed to each city. In addition, the formula will distribute $8.75 million of new money. The law eliminates equalization aid and the city portion of disparity reduction aid and folds the 1993 distributions to each city into the LOA base for 1994 and future years. Beginning in 1995, the grandfa- thered aid amounts gradually phase out by redistributing a portion of the base LOA through the formula The increased money available for the LOA program each year is matched with a similar portion of the base. For example, if the appropriation increases by five percent, the formula would also redistribute five percent of the previous year's LOA base. Homestead and agricultural credit aId The law eliminates the household growth adjustment for city HACA beginning in 1994. Although no city will receive less HACA than the 1993 level, the state reimbursement for growth in the number of household is eliminated. Cities will lose an esti- mated $2.5 million in 1994 due to this change which will have the greatest impact on rapidly growing cities. Local government trust fund The law transfers the property tax targeting program, which costs approximately $21.5 million for the biennium, from the general fund to the local government trust fund (LOTF) beginning in EY, 1994. It transfers the renters' property tax refund, which costs approximately $177 million per biennium, into the LOlF effective in EY. 1997. The [rrst $3 million of surplus in ,the LOlF at the end of E Y. 1995 would proportionately increase property tax refunds for renters. Levy certification Beginning this fall, the levy cities certify to the county will be less the amount of HACA. The act changes language that currently instructs the county auditor to subtract HACA from the certified levy. Implicitly, each city will now be responsible for this adjustment to the levy before certify- ing it to the county auditor. The law folds the equalization aid and disparity reduction aid programs into the LOA base. As a result, the county auditor will no longer reduce a city's certified levy with these amounts. The Department of Revenue will notify cities of this change with the 1994 aid certifications. Please note this change to avoid levy errors. Special assessments Counties will now be able to charge cities for the cost of administer- ing special assessments certified after July I, 1993. The special assessment notice must be in clear language and must state that the council may adopt the ordinance imposing the special assessment at the hearing. Aid reductions for debts owed The commissioner of revenue may withhold local government aid payments to a debtor city or county and remit the amount to the creditor city or county if the debt is more than $100 and more than six months overdue. The commissioner must notify the debtor city or county and the contested case hearing process would apply.OC Property tax system Limited market value The law caps the annual market value increase for certain types of property at 10 percent or 1/3 of the increase, whichever is greater. This provision will only affect residential homestead and nonhomestead, agricultural, and cabin properties beginning in 1994. The cap would not cover valuation increases due to new improvements and it would phase out in assessment year 1998. "This old house" The act allows a portion of the value of improvements to homes more than 35 years of age to be exempt from the property tax for 10 years, or until sale of the home. After IO years, the excluded value will phase-in over a period of five years. Additional restrictions apply, depending on tile age of the home. CommercIalllndustrial properties The act allows owners of multiple commercial or industrial properties in a city or town to qualify for $100,000 of market val ue to be taxed at the reduced class rate. Currently, only one parcel per owner per county can qualify. Each grain, fertilizer, or feed elevator parcel can now qualify for tJle preferential class rate on the first $100,000 of market value, regardless of ownership. Limitations on assessors The law revokes the license for any assessor, deputy assessor, assistant 45 1993 law summaries continued assessor, appraiser or otber person employed for making property appraisals from doing similar work within the assessment jurisdiction. Homestead classification The deadline for converting property to homestead status will be December 1. Currently, the deadline for changing classification to home- stead is June 1. The law removes the requirement to file a homestead application every four years. Once a property is classi- lied as homestead, it will remain in that classilication until sold or trans- ferred. GC Sales tax changes Certain local government pur- chases are now exempt from tbe sales tax. These exemptions include: . Purchases of bulletproof vests, . Repair and replacement parts for emergency vehicles and fire trucks, . Machinery and equipment used at a landfill for solid waste disposal, and . Chore and homemaking services provided to the elderly and disabled. In addition, leases to local governments for public safety motor vehicles are now exempt from the sales tax if the vehicle would be exempt from the motor vehicle excise tax. GC Board of government innovation and cooperation The tax bill creates a board to provide grants and provide waivers to local governments to increase effi- ciency and reduce costs. The law appropriates $1.2 million to the board for the next biennium. Grants from the board are targeted to: . Models or plans for innovative service budget management, . Plans for intergovernmental cooperation, . Design service sharing programs, · Combination/consolidation of two or more local governments. The new board will review and grant waivers of state laws and rules so that the local government will meet the desired ou tcome of the state requirement through a more efficient or effective process. The board will makerecommen- dations to the Legislature on the elimination of state mandates that inhibit local government efliciency, innovation, or cooperation. SH Salary freeze The Governor's proposal for a salary freeze did not become law. The compromise was a requirement that employee compensation be discussed at truth in taxation hearings. SH Truth in taxation Levy and budget adoption Unlike prior years when state law required cities to adopt their final property tax levy and budget at the initial (or continuation hearing), beginning in calendar year 1993, cities, counties, and schools must adopt final amounts at a "subsequent" hearing. Cities will, therefore, need to schedule two hearing dates between November 29 and December 20, and take the fmal vote on the levy and budget at the second hearing. Employee compensation Information A compromise on the governor's proposal to freeze salaries of employ- ees of local governments resulted in a requirement that a statement appear on the mailed notice and in the newspaper advertisement stating that "infonna- tion on the increases or decreases of the total budget, including employee and independent contractor compensa- tion, for the prior year, current year, and proposed budget year, will be discussed at the truth in taxation hearing." The requirement applies for 1993 only. In addition. the city must present tbe following information on em- ployee compensation when discussing the levy and budget at the budget hearing: a. The percent of the total proposed budget attributable to compensation costs; b. The number of employees by general classification, and whether they are full or part-time; c. The number and budget for independent contract employees; and d. The effect of budget increases and decreases on proposed property tax levies. Additional budget hearing provisions A new requirement extends the hearing requirement to the following metropolitan agencies: Metropolitan Council, Metropolitan Airports Commission, Regional Transit Board, Metropolitan Mosquito Control Commission. Levies the Metropolitan Regional Rail Authorities make must be included in their county's levy and discussed at the counties' public hearin gs. Beginning in calendar year 1994, each school district's excess levy referenda will be listed separately from the general school levy on the truth in taxation notice. SH Regional library districts A statewide effort to give direct levy autbority to regional library districts resulted in a provision to give two "regional library districts" authority to operate multicounty public library services and impose a separate property tax levy. The cities and counties may create the Great River and East Central library districts, Cities or counties which are members of such districts may levy for construc- tion, maintenance, and utility costs of library buildings. SH 46 1993 law summaries continued Special tax provisions Minneapolis, St. Paul, and Duluth: Special service district The law allows Minneapolis. 5t. Paul, and Duluth to create or expand special service dislricts. St. Paul, Garrison, and Cook County: Local option sales taxes The law allows 5t. Paul, Garrison, and Cook County to impose a local option sales laX for certain limited uses. F100dwood: Ambulance service district . F100dwood and one or more of the surrounding townships may establish an ambulance service dislrict and levy property laXes. Certain border cities: Border city enterprise zone appropriation The bill allocates $1.1 million for laX reductions in border city enterprise zones in several western Minnesota communities and $300,000 for a border city enterprise zone in Duluth. St. Paul: Residential rehabilitation program 5t. Paul may establish a residen- tial rehabilitation loan and grant program. The city may issue bonds to finance loans and grants under the program. Goodhue County: BRA authority The law gives Goodhue County the powers of an EDA, rural develop- ment finance authority and HRA, with some reslrictions. GC Tax increment financing and pollution abatement grant program The following changes were included in the omnibus laX bill: General provisions o Restrictions on developer repayments. This provision effectively prevents developer reimbursement to the city to cover the LGAlHACA penalties. It requires that repayment of laX incre- ment financing (TIP) assistance by a developer be treated in the same manner as increment revenues. Effective for dislricts which request certification after August I, 1993. o Notice of market value reduce tlons. The county assessor, county attorney, or commissioner of revenue must notify a city of a potential reduction in the market value of property (court actions, boards of review, etc.) that is located in a TIF dislrict. This requirement would only apply to reductions which occur after the final market values are established. Effective May 25,1993. . Tax.forfelted land. The'net proceeds of a sale or lease of property within a TIF dislrict which is laX forfeited must go to the dislrict as increment for the project. . Disclosure reporting. For laXes payable in 1993 and thereafter, all TIF dislricts must provide annual disclosure statements to the county auditor, in addition to the county board, school board, and commissioner of revenue. Housing districts Qualified housing districts are exempt from the LGNHACA penalty. "Qualified" is defined as a residential rental project where the properties that receive benefit from the increment revenues meet all of the requirements for a low-income housing credit. This criteria stands whether or not the project actually receives a low-income housing credit. Effective for dislricts which request certification after August 1, 1993. The TIF authority must provide advance written notice of its housing proposal to each affected county commissioner. The notice must describe the dislrict and the activities that will occur within the district, and must offer to meet with the county commissioner, and solicit the commissioner's comments on the project. Effective for dislricts which request certification after May 31, 1993. For a housing dislrict, the TIF authority may choose to delay receipt of the first increment. Either the authority may detennine in the plan (or related agreement) that a minimum market value of improvements must be reached before increments would be received, or initial receipt of increment may be delayed for up to four years, whichever is earlier. Effective for districts which request certification after May 31, 1993. Ecooomic development districts Districts within "metropolitan statistical areas" (with populations under 10,(00) are now eligible to 47 1993 law summaries continued qualify for the phased-in LGAlHACA penalty for qualified manufacturing districts. Effective for districts which request certification after August I, 1993. The law redefines tourism facilities. To be eligible, the facility must meet current requirements, plus new requirements that it be located: a) in a county where the median income is not more than 85 percent of the state median; b) in a county where, excluding first class cities, tourism-related earnings represent 15 percent or more of the total county earnings, and c) in a city smaller than 20,000. Prior law excluded use of a tourism district within the seven- county metro area. and required the facilities to be used as a convention center, amusement park, recreation or cultural facility, marina. park, hotel or motel, or non-homestead dwelling intended to house individuals from outside the county (condominium developments. for example). Another change increases the percen tage of non-qualifying uses within the district to a maximum of 15 percent (previously 10 percent). Effective for districts which request certification after May 31, 1993. The duration of economic devel- opment districts increases to nine years from the date of receipt of first increment (currently eight years), or eleven years from the date of approval of the TIP plan, whichever is shorter. Effective for districts which request certification after May 31,1993. Redevelopment districts For a redevelopment district, the TlF authority may choose to delay receipt of the first increment. Either the authority may determine in the plan (or related agreement) that a minimum market value of improve- ments must be reached before incre- ments are received, or delay initial receipt of increment for up to four years, whichever is earlier. Effective for districts which request certification after May 31.1993. A TIF authority is now required to provide advance written notice of its redevelopment proposal to each affected county commissioner. The notice must describe the district and the activities which will occur within the district, and must offer to meet with the county commissioner, and solicit the commissioner's comments on the project. Effective for'districts which request certification after May 31, 1993. Special TIF provisions MInneapolis: neighborhood revital- Ization program Minneapolis may spend neighbor- hood revitalization funds for its common bond fund without amending its TIP plan to pennit such expendi. tures. Mlnnetonka: TIF soils district Minnetonka may establish a special soils condition TIF district by December I, 1995. The city will not have to establish a hazardous sub- stance subdistrict for a specific site. The district is exempt from certain TIP rules, including: the three-year rule, spending limits, some pooling, and, with conditions, the aid penalty. Hopkins: TIF hazardous substance subdistrict Hopkins, or its HRA, may create one or more hazardous substance subdistricts at a specified site. The districts are exempt from certain TIP rules, including: the three-year rule, receipt of first increment, duration of increment collection, spending limits, and with conditions, the aid penalty. Inver Grove Heights: ExtensIon of economic development dlst.lct Inver Grove Heights may i:xtend its economic development district No. 3-2 for a maximum of two additional years. however, no more than eight years of increment may be collected. The law also allows the city to issue a maximum of $4 million of general obligation bonds without a referendum to cover anticipated revenues from MnDOT for road and bridge improve- ments at the TIP site. Mankato: Extension ofTIF redevel. opment district Manlcato may extend a redevelop- ment district for over eight years. It may only use increment received during the extension period to pay debt service on bonds issued between April 1,1993 and January I, 1994, or bonds issued to refund these bonds. Eminent domain authority for cities of the first class Housing and redevelopment authorities in first class cities may use eminent domain powers over property which has, or had, a substandard Structure on it within the last three years. Previous law limited this power to certain vacant properties. Ethanol plant construction Chapter 250 (H.F.93 I). See description under ENERGY. SH Development of polluted property Contamination Clean-Up Grant Program The new tax law provides a new funding source, grant program, and TIF authority to facilitate clean-up of polluted property. Sites that would qualify under this new program can not be currently eligible or on the lists for either federal or state Superfund monies. In addition, the propeny must have an appraised value (after consid- eration of the conlmnination) of one- half or less than the costs of cleaning up the site, and exceed $3 per square foot, and must expect to be developed within "a reasonable amount of time." 48 1993 law summaries continued The commissioner of trade and economic development is authorized to provide grants to pay for up to 75 percent of the clean-up costs for a qualified site, but limited to 50 percent of the total project costs. Funding for the grants will come from a new "contamination tax." The tax is not considered a property tax, but rather a tax on the amount of a reduction made to a property's value that is made because of the presence of contamina- tion on the property. The contamination tax has four tiers, depending on whether or not the property owner is responsible for the contamination, and whether or not there is a response action plan to clean up the property. The response plan must be approved by the Minnesota pollution control agency. Under any of the contamination tax rates, the property owner will pay a lower total tax than under the straight property tax system. The rates range from 100 percent to 12.5 percent of the property tax class rate on the property. Five percent of the proceeds from the tax are skimmed off the total to reimburse counties for administrative expenses. One-half of the remaining revenues are returned to local taxing jurisdictions, one-half are distributed in the Contamination Clean-Up Grant Fund. Approximately $2 million will be available for grants beginning in fiscal year 1995. Local match requirement A local match of one-half of the project costs is required to participate in the grant program. A non- TIF city contribution equal to 18 percent of the clean-up costs is required. (Project costs include clean-up, site acquisition, and preparation necessary to imple- ment the response action plan.) This match may come from its general fund, property taxes, or other revenue source, but may not be provided through TIF. Land acquisition costs which did not use TIF will be eligible. The remaining costs of the project may be provided through TIF. In conjunc- tion with the grant and local match program, this district would not be subject to the LGA/HACA penalty. If TIF is used to provide a portion of the clean-up costs. the district's increments must be used exclusively to pay direct project or administrative costs. The district must be decertified after three times the amount of the response costs have been generated. TIF provisions for pollution clean-up . Indemnification fund The law allows the establishment and funding for an environmental liability guarantee fund using TIF or other funds. The fund may not be used to indemnify a party responsible for the pollution, and the liability for the authority and city are limited to the funds available in the guarantee account. IfTIF revenues are used, pooling restrictions would apply to the fund, and any revenues remaining at the end of the indemnification period would be considered as excess increments. . Solis condItion districts Several of the qualification rules for these districts are removed. The requirement that the district consist of 70 percent vacant land is eliminated, as well as the requirement for devel- oper agreements for one-half of the land in the district. The law clarifies that soils improvements include hazardous waste removal and remedial actions. SH 49 JUN 11 '93 14:01 TKDA, INC.~ 292-0083 P.2 TKDA rune 11, 1993 TOLTZ. KINCI, DUVALL. ANDlAION AND AaIOO'Anl. INOOIlPOIllATlD 1toO IoENTOlI TOWeR ... elD"" ITIlIIT IAINT P...ut.. MlHNl!8OT.....,01.ct40 1'HON&lt1......... FAXlt1~ ENalNEERS ARCHITECTS PLANNERS Honorable Mayor and City Council Andover, Minnesota Re: Weybrldge 3rdAddition (92.19) Utility and Street Improvements City of Andover, Minnesota Commission No. 10258 Dear Mayor and Council: Bids for the referenced project were received on June 10, 1993, with the following results: Contractor Amqunt of Bid Old is Gold COn5tnIction Volk Sewer and Water Mille Lacs Contracting Inland Utility Construction Annandale Contracting S.R. Weidema RP Utilities Bonine Excavating Redstone Construction Northdale Construction $199,927.32 $205,274.99 $211,966.97 $219,309.95 $220,84'.39 $228,104.00 $230.246.78 $233,168.25 $239.983.81 $255,636.26 $259,733.60 Engineer's Estimate It is recommended that a contract be awarded to the low bidder, Old is Gold Construction, in the amount of their low bid ot$199,927.32. A complete Tabulation of Bids is attached for your information. . Sincerely yours, ~ Thomas A. Syfko. P.E. JUN 11 '93 14:01 TKDA, INC. ~I' ~ ! i .11 ~ d. ! 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INCOAPOR"rso , 100 Me"TOFI TCWIR 0144 OleAR IITRerr lIo1lHT PAUL, MINNIlBOT".S,01..,.co PHONiJlfUl"~O PAX:Il.......ooes IiNGINllliRS ARCMITEOT8 PLANNERS Honorable Mayor and City Council ~dover,~sota Re; Pinewood Estates 2nd Addition City Project 93.2 Utility and Street Improvements City of Andover, Minnesota Commission No. 10364 Dear Mayor and City Council: B ids for the referenced project were received on June 11, 1993, with the following results: Contractor Amount ofrHd Mille Lacs Contracting S.R. Weidema Annandale Contracting RP Utilities Arcon ConstIuctIon Bonine Excavating Nonhdale Construction $382,040.60 $400,683.08 $412,631.17 $425.132.27 $438,079.38 $440,413.63 $451,375.80 $471,459.00 Engineer's Estimate A complete Tabulation of Bids is attached for your infonnation. It is recommended that a contract be awarded to the low bidder, Mille Lacs Contracting, in the amount of their low bid of $382,040.60. Sincerely yours, ~~ Thomas A. Syf1co, P.E. 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