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HomeMy WebLinkAboutCC February 21, 1989 o CITY of ANDOVER Special city Council Meeting - February 21, 1989 - Agenda 7:00 P.M. 1. Call to Order Fire Marshal Interviews Joyce Noyes David Reitan 2. Adjournment o o DAVID W. REITAN 3487 133rd LANE NW AND(fVER HN 55304 (612) 427-8346 OBJECT IVE 1l1RE MARSKALL OF ANDOVER EMPLOYMENT HEALTH ONE TRANSPCRTATION SERVICES EXPERIENCE Paramedic (July 1984 - Present) Liaison, between patient and doctor, managing stres- sful emergencies and situations, through direct com- munications to control and insure optimum care for life. MIDWEST OLSON AMBULANCE Paramedic (July 1983- December 1985) Patient transportation between health care facilities and doctors offices. COAST TO COAST HARDWARE STORE Sales (July 1981-January 1982) Involved in sales and ordering hardware. Knowle~ge of building supplies and hardware. MCRLEY BUS COMPANY Handicaped transfer driver (June 1980-July 1981) Responsible for transpertation of handicaped children and adults between their residence and school. VOLUNTEER ANDOVER ,"mE DEPARTMENT EXBmIENCE EMf/Firefighter (August 1986-Present) Responsible for providing emergenct medical care for numerous emergencies. Also repoBsible for fighting fires and other rescue situations_ P'CREST LAKE AMBULANCE Emergency Medical Technition (January 1981-September 1983) Volunteering from home to respond on medllal and trauma situations with an ambulance. EDUCATION INTENSIVE CARE PARAMEDIC 916 Area College, White Bear Lake, MN Graduated 1983 FIRE FIGHTER ONE Anoka Vocational Technical Institute, Anoka MN Graduated 1987 o EMERGENCY MEDICAL TECHNITIIm ,"orest Lake MK Graduated 1982 BLAINE HIGH SCHOOL Graduated 19BO o o ADDITIONAL INTRODUCTION TO MINNESOTA UNIFORM rlRE CODES TRAINING May 19M 15HRS EMERGENCYESDRIVING COURSE December 1988 6HRS HAZARDOUS MATERIAL June 1988 4HRS JACK YOST HEAVY RESCUE October 19M 12HRS BUILDING TRADES September 1979 3 Months ASSISTANT rIRE MARSHALL 1988 REI"ERENCIES Upon request , '0 o DATE: FEBRUARY 21, 1989 ITEMS GIVEN TO THE CITY COUNCIL : Mediation Services packet : TKDA Letter - 2-8-89 . . Letter - Anoka County - 1-26-89 : Ordinance Amendment 29B : Memo - Vicki Vo1k Town Meeting . . Letter - Guy R. Winters 1-31-89 : League of MN Cities - Cities Bulletin 2-10-89 : Letter - Anoka County - 1-26-89 : Park & Recreation Minutes - 1-26-89 : Park & Recreation Minutes - 2-2-89 Letter - Bill Hawkins 2-15-89 : what's Happening? . . . . . . : . . . . : PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. o Mediation Services For Anoka County 1323 Coon Rapids Blvd. Coon Rapids, Minnesota 55433 (612) 755-5300 /1J ce. z!z./ JIll 1M~:9En CITY OF ANDOVER February. 1989 1D Sc zj;6/~1 -- Enclosed is a request for payment of funds authorized by your City Council for Mediation Services for Anoka County for 1989. The amount indicated I believe represents a figure of five cents per capita which we,requested. I am also enclosing a copy of our 1988 Annual Report f,or your review. If your City Council would like a formal presentation of the report on the progress of Mediation Services, I would welcome the invitation. I have enclosed a short article I wrote which promotes mediation and requests anyone interested in becoming a volunteer contact me about learning case development. If you have a way to distribute this article to the general public, I would appreciate your doing so. We will probably host a training for mediators again this summer/fall as well. Many times there is a logical progression from case development to interest in becom'ing a mediator so I'd like to bring several people from your community into the organization this spring. Last, I am enclosing a copy of the DRC QUARTERLY which is a newsletter edited by the Dispute Resolution Center, our counterpart in Ramsey County. I realize that you may have little interest in the Ramsey County news, but as we have no newsletter yet and there is broader information in the publication, I have sent you a copy. Our first full year in operation showed a good increase in cases and much needed support from around the county. Again, I want to thank you for your support and the City Council for its support. We hope to be able to work in some new areas this year while continuing to develop and strengthen existing programs and services. We anticipate hiring a part-time office worker to complement the half-time executive director's position. Our emphasis will be again, how- ever, to rely heavily on volunteers. We look forward to providing useful and efficient services to your community. Very truly yours. _ -' a;['71/ 7 Jj tfJjz!ll~ ..r(-r~f' Ann M. Wallerstedt ~ Executive Director Enc. o o City of Andov!,!r MEDIATION SERVICES FOR ANOKA COUNTY 1323 Coon Rapids Boulevard Coon Rapids, MN 55433 755-5300 REQUEST FO" PAYl,:Et,"T 1989 ,<' $650.00 o Mediation Services For Anoka County 1323 Coon Rapids Blvd. Coon Rapids, Minnesota 55433 (612) 755-5300 .' 1988 ANNUAL REPORT The goal of MEDIATION SERVICES FOR ANOKA COUNTY is to provide a forum for the resolution of disputes, problems and concerns using mediation techniques. The following information shows the progress made by MEDIATION SERVICES (MSAC) in 1988 towards this goal, thereby furthering its growth and development as an effective and useful community dispute resolution program. 1 . CASELOAD There are four types of service provided to parties in dispute: Mediation. When the parties agree to participate, they attend a face-to-face conference wi th two MSAC vol unteer mediators. The role of the mediator is to assist parties in problem identification and constructive problem solving. The disputing parties maintain control of and responsibility for the conflict and its outcome. Conci I iation. When parties are unwlll ing to participate in a face-to-face mediation or if the problem is ammenable to solution through telephone discussion, an effort is made to develop at least a partial solution to the problem. Information and Referral. If a problem cannot be resolved through MSAC serv ices, the part i es may be adv i sed abou t other resources available to them in dealing with the problem. o Education. Mediation participants gain ski lIs learned in sessions to deal constructively with future disputes. The staff and several board members provide training and inservice workshops in conflict management. 2 o A party may initiate a case simply by calling the office and request i ng serv i ce. Each ca II er is i nterv i ewed regardi ng the nature of the problem, action to resolve the matter, and willingness to participate in a mediation after an explanation of the process. This is accomplished with each cal ier to insure the appropriateness of mediation for the dispute, that the caller has made a genuine decision to select mediation as the method to resolve the probiem, and that the caller resides or does business within Anoka County. -' The number of new, cases in 1988 was 102. Th i s was an increase over the 79 new cases of 1987, however it should be noted that the 1987 figure reflects a 10 month period and the 1988, twelve. The percentage of new cases going to mediation increased nearly 10% in 1988 and the number of people receiving direct services increased more than 60%. The rate of cases settled in mediation remained high. Over 80% of all cases submitted to mediation were settled. Parties to the settlement agreement complied with terms of the agreement in almost 95% of these mediated cases. The following is an approximate disposition of cases which were handled by MSAC. For example, four of every ten cases went to mediation, two of these ten found conci liation of the issue after contact with MSAC and two out these ten had explored options in settling their problem or were referred to a more appropriate organization for assistance. In the remaining two of these ten cases, one of the parties was unwilling to try the process and the case was closed. Aga in as I ast year, our greatest source of cases was the neighborhood problems. Business/consumer and landlord/tenant cases increased as did the number of families seeking assistance. In 1988, we mediated our first employer/employee case which ended in partial settlement of issues and real progress made in understanding between parties. Referrals from police and sheriff deputies were down 10% from 1987, while referrals from the community agencies, both publiC and private remain about the same. An increase of cases originating with public officials and city personnel was seen, as it was with cases originating as a result of media exposure. o Mediations were again made available to parties at time and place convenient for them. Most were held in a publ ic building after regular business hours or on Saturday. Public buiidings provided a neutral setting in most cases, was handicapped accessible, had parking readi Iy available and were available without cost. 3 <:> 2. OUTREACH Conducting an effective outreach program enabled MSAC to reach Anoka County residents in need of its services and to fu If ill its goals of prov i di ng an al ternat i ve process for dispute resolution. In order to let the general public know that mediation services were available, a worthY alternative in problem solving and to explain how they might access the services, MSAC used a variety of ways to promote its program. / Valuable media coverage was provided In newspapers throughout the county in January/February and again in October/November in conjunction wi th our efforts to advertise statewide Dispute Resolution Week. Articles appeared in city manager's newsletters, information went out with water bills or as a special mailing to homeowners in several communities during the year. The tracking of specific information was initiated in January 1988 to provide feedback on how adequately the organization is doing its Job and provide a means to begin exploring new opportunities for service. Surveys were mailed to all parties initiating a case. (There Is no comparison with 1987 records because no survey was used.) Those people responding to the survey give us the following profile of the "typical" client. The client is fema Ie, is between the ages of 34 and 45, has a high school education, is married, has a combined income of $35,000 or over, describes herself as caucasian and lives in a pri vate home. At the time of closure, a survey is mailed to primary parties of a case. This survey is designed to ascertain satisfaction with the process and the services. The device asks for a response to quest ions about how the case was handled, whether the process enhanced a relationship or assisted decision-making in a problem situation and whether, in general, parties would promote the services. The surveys showed that most people responding to the survey were pleased with the process, there was no change in the relationship, they would promote the service and were likely to use it again. Once again, there are no comparisons with 1987 because the first survey was ma il ed in January 1988. o We were part of the company newsletter for several corporations in Anoka County who employ over 500 and a promotional tape was produced for local cable- television channels. Over 3,000 brochures were distributed to the general public and posters were placed In public buIldings. Flyers were mailed to all of the churches In Anoka County along with a brochure which pastors could use as a bulletin insert or newsletter Item or could post in a high traffIc area. 4 o P~esentatlons of a half hou~ to two hou~s we~e p~ovlded fo~ Individual se~vlce o~ganizations, company executives, community agencies, city pe~sonnel and to pe~sonnel of public and gove~nment agencies. Seve~al t~ainlng sessions In conflict management we~e p~ovlded at wo~kshops and confe~ences a~ound the state. A ~ough estitmate of 2,000 ~eceived di~ect Info~matlon about mediation se~vlces In 1988. -' 3. Resources. Many dedicated voluntee~s have helped tu~n the plan fo~ p~ovidlng dispute ~esolution se~vices into a successfully operating system. In 1988, over 1,800 hours were cont~lbuted by voluntee~ case develope~s, mediato~s, boa~d members, committee members and office staff. This was an Inc~ease f~om 1,300 hours In 1987. Mediators and case developers took part in ongoing training and pee~ group meetings du~ing the yea~ as well as p~ovlded se~v I ce on I ndl v I dua I cases. The Boa~d elected a fu I I complement of DI~ecto~s who met monthly to oversee the management of the o~ganizatlon. In July of 1988, MSAC became an officially ~ecognized cha~ltable non-p~oflt organization and received IRS 501(c)(3) status. Requl~ements fo~ state reglst~ation as a cha~itable organization were met and MSAC became a tax exempt or-ganlzatlon. MSAC's employe~ obI Igatlons we~e ca~efully attended to. The o~ganlzation was successful in incr-easlng the total amount of funds ~alsed in 1988 by 25%. This was accomplished without asking fo~ an Inc~ease in funds fr-om the municipalities o~ the county. These units of gove~nment wer-e Inst~umental In the suppo~t of the or-ganlzatlon as again In 1988, they p~ovlded 70% of the actual budget. The City of Coon Rapids gene~ously p~ovided office space, which Included telephone, on an In-kind basis. The 25% Inc~ease In total funds raised In 1988 came mainly th~ough cont~ Ibut Ions f~om commun I ty o~gani zat Ions a~ound the county. Funds raised this way has the dual benefit of educating the Individuals in these o~ganizations while allowing them a donation which di~ectly benefits thei~ community. MSAC also ~eceived a g~ant f~om the Inter-est On Lawyer-'s T~ust Account Foundation fo~ the fi~st time. 0, MSAC staff and di~ecto~s have been active In developing plans to introduce legislation fo~ the funding of community dispute ~esolutlon p~og~ams as outlined In Minnesota Statutes 1986, Chapte~ 494. Legislation could p~ovlde up to one thl~d of a state ce~tlfled p~og~am/s budget. The State o o 5 Court Administrator/s Office has responsibility to certify community dispute resolution programs. MSAC follows State Guidelines for training of mediators and case developers and for its program operation. Conclusion Overall, the events and accomplishments of 1988 show progress in promoting dispute resolution as an acceptable problem solving technique and educating the community in the advantages and uses of mediation methods. " There is serious commitment to the organization on the part of many i ndi v i dua I s as cha II enges of these first severa I years are met. There is no lack either, of critical issues which the organization must address in the coming years. Among them is how to best serve the low income individuals whose resources in problem solving are severly limited, the development and implementation of an increased, intensive marketing plan, and the securing of a stable, ongoing funding base. It appears that the organization has a sense of where it is now, where it is goi ng and how it will get there. The individuals involved in the leadership of MSAC seem to have a comprehensive perspective of the tasks to be accomplished and how the organization fits into the environment of Anoka County. They are creative and practical; people of vision and perseverance. The organization appears to be a catalyst for peace and harmony in the community of Anoka County, 0 -0 :;0 ::z ;0 .... :;O......-i (/) 0 ", (l) ", *'" (l):> 0 -i -' .." r -..J n.o c+ ;::. ~. ", U1 tC ;::. -c:: '" -i n :;0 U1 ::r -i 0- -.-'" C N (l) :;;0 "... 0- ...... -S (/) -..J ...... > 0 0 (l) "... CI r -S ::z VI 0 (l) VI (/) .." "0 (/) :I: c:: 0 ...... 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"0 ....,-' 0'1 ~. (l):>-S (l) "... :> ....,....,0 '" c+ .... (l)0 < VI '" U1 -S . (l) :> "... -S c.. ...... n "'0 (l) (l) -'-S c.. VI . 0 (/) CI ::z c+ 0 CD .....oe: -..J ::r c+ U1 -s-s 3 "... (l) -..J ::r 0 <(l) 0- -S "... (l) *'" (l)n (l) -S c..c+~ -' '< 0 o CITY/TOWNSHIP Percent of Cases Number Served 1. Andover 6% 27 2. Anoka 12 54 3. Bethel -0- -0- " 4. Blaine 16 73 5. Burns -0- -0- 6. Centerville 1 5 7. Circle Pines 7 32 8. Columbia Heights 11 50 9. Columbus Township 1 5 10. Coon Rapids 15 69 11. Ham Lake 5 23 12. Hi 11 top -0- -0- 13. East Bethel -0- -0- 14. Fridley 12 55 15. Lexington 3 14 16. Lino Lakes 1 5 17. Linwood Township 1 5 18. Oak Grove Township 1 5 19. Ramsey 4 18 20. Spring Lake Park 3 14 21. St. Franci s 1 5 100% 459 + 45 Inquires 504 o o o Of those answering survey; the following describes clients served by Mediations Services for period 1/1/88 - 12/31/88: AGE 0% = 0-17 9%= 18-25 20% = 26-35 34% = 36-45 23% = 46-55 2% = 56-65 11% = 66 or older STATUS 70% = t1arried 9% = Single 2% = Separated 7% = Divorced 12% = Widowed 0% = Co-habiting TYPE OF RESIDENCE 7% = Private Apartment 93% = Private Home 0% = Senior Housing EDUCATION 0% = less than 8th 7% = 8 to 12 32% = High School Graduate 25% = Some College/Trade 29% = College/Trade Graduate 4% = Some Graduate Studies 3% = Grad School Graduate SEX 36% H 64% F ETHNIC GROUP 2% = American Indian 0% = Black 97% = Caucasian 0% = Oriental 0% = Spanish INCOME 25% = less than 5% = $10,001 10% = $15,001 12% = $20,001 3% = $25,001 5% = $30,001 40% = $35,001 ,~ $10,000 - $15,000 $20,000 $25,000 $30,000 $35,000 over O~ = '" O'l U1 .po W N I-' ;J:> 3: ...... ;J:> ro . ro rl' VI => < 0. ro VI I>> ~ .... ..... n ...... ::E: VI ::E: ::E: '< ::E: ::E: -l -' I>> I>> I>> I>> 0 .... 0 ro 0 0 0 I>> ro ::T n r:: rl' VI ..... -' :3 r:: ..... r:: r:: r:: VI ..... ro 0 I>> ~. 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" 0. ~ VI -0 ~. <Cl co U1 co N co -< ro ..... = VI U1 0 N W \0 0 rn VI 0 ro ~ ~ ~ ~ ~ ~ C/l VI 0- -' ~ ::5 ro ro <Cl :3 ~ VI I>> 0 N .po I-' -..J N :z I>> ::5 r:: U1 0 co -..J I-' 0 0 rl' Q. -' ~ ~ ~ ~ ~ ~ 0. VI ~. .... ::5 ::T I>> VI I>> n rl' < rl' ~. ro ~. <Cl 0 I>> ro ::5 rl' ::5 ro 0. I>> 0. ro ::5 0. 0. M' ::l" r:: n ro -0 0 3 3 ~. -0 ro ::5 -' 0. ~. ~. n I>> I>> 0 ::5 rl' r:: n ~. ..... ro 0 rl' => = = o o o INCOME AND EXPENSES FOR PERIOD 1/1/88 - 12131/88 INCOME ACTUAL YTD BUDGET Govt. Units $15.729.20 $15.000.00 Foundations 1.418.76 12.500.00 " Bank Credit 306.83 -0- Contributions 4,650.00 3.00.0.00 TOTAL $22.104.79 $30.500.00 EXPENSES Personnel $13.330.99 $17.250.00 Payroll 6.427.73 2.000.00 Rent IN-KIND IN-KIND Telephone IN-KIND IN-KIND Staff Development -0- -0- Mil eage 404.75 750.00 Postage 353.00 620.00 Printing 128.00 1.515.00 Capital Expense -0- 2.000.00 Training 89.65 1.500.00 Promotion 33.87 2.000.00 Insurance -0- -0- Supplies 190.40 600.00 Accounting -0- 265.00 Technical Assistance 884.60 1.500.00 Miscellaneous 535.20 500.00 TOTAL $22.378.19 $30.500.00 Cash Forward 35.93 $22.414.12 NET EXCESS ~DEFECIT> $<273.40): BALANCE FOR-ARDED 1.230.75 FUND BALANCE 12/31/88 $957.35 o Government Units 1-1-88 to 12-31-88 Anoka County Oak Grove Township Coon Rapids St. Francis Fridley Centervi11 e Columbus Township Ham Lake Spring Lake Park Andover Blaine Circle Pines Lexington Columbia Heights Ramsey Anoka Lino Lakes TOTAL o $5,000 236.20 2,500 90 1,500 50 190 443 350 650 1,700 215 115 971 569 800 350 " $15,729.20 o Foundations 1-1-88 to 1-31-88 IOLTA $1,418.76 (Interest on Lawyers Trust Accounts) TOTAL $1,418.76 -" \ ," '~, ...... o o Contributions 1-1-88 to 1-31-88 Fridl ey VFW H. B. Fuller North Central Central Service Company Fridley Lions Kraus Hartig VFW Spring Lake Park Lions Pederal Cartridge Company FMC Karen lrvi n Anoka-Hennepin Schools (Staff Development) TOTAL o $1,500 250 250 500 500 500 500 500 100 50 " $4,650 o o VOLUNTEER HOURS 1-1-88 to 1-31-88 Cases Case Development 311 Mediation 205 " Personnel Mediators initial training 72 ongoing training 152 Board of Directors 576 Telephone 120 Organization Office 144 Fundraising 72 PR/Outreach 120 Training 30 TOTAL 1,852 (Giving these hours an average value of $5.50 per hour, time contributed by volunteers approaches $10,186.00 for this 12 month period). o o 1988 BOARD OF DIRECTORS PRESIDENT Karen Irvin Director of PrImary MedIation Services; Director, District #11 Anoka-Hennepin School District; Society for Professionals in Dispute Resolution, AmerIcan ArbItration Association, Academy of Family Mediators and Amercian Association of Marriage and Family Therapists. '/ VICE PRESIDENT Ilona (Lonnie) McCauley Executive Vice President, North Hennepin Chamber of Commerce; Anoka-Ramsey Community College Advisory Board; Coon Rapids Charter Commissioner Member, Community Mediator. TREASURER William Hunt PhD. M.B.A., Assistant to the City Manager, Fridley; No-Fault Grievance Training through MN Department of Human Rights. .\' SECRETARY Susan Anderson Attorney at Law; Director, District #11 Anoka-Hennepin School Board, Minnesota State Bar Association, American Bar Association, Anoka County Bar Association, Blaine Community Theatre, Community Mediator. , \ ~ Donald Busch, City Clerk/Treasurer, Spring Lake Park. --- Lois DoodY, Executive Director, Northwest Kinship Program. David Hartley, City Administrator, City of Ramsey; Minnesota City of Management Association, International City Management Association, Metropolitan Area Managers Association. Joyce Twistol, City Clerk, Director of Personnel, City of Blaine. MN State Senator Gene Merriam, District 49. Linda Maaee, Assistant Administrator, Columbia Heights. Gerald D. Nelson, Chief of Police, City of Coon Rapids, International Association of Chiefs of Police, MN Association of Chiefs of Police, Anoka County Association of o o Chiefs of Police, Anoka County Community Corrections Board, Anoka County Joint Law Enforcement Council, Rotary International. Leon Walqrave, Hearing Officer, Anoka County Department of Corrections, MN Corrections Association, American Correctional Association. , o o Mediation Services For Anoka County 1323 Coon Rapids Blvd. Coon Rapids, Minnesota 55433 (612) 755-5300 six years ago, hardly anyone knew what "mediation" meant. In 1988 over 500 people took advantage of this service through an organization kno,m as Mediation Services for Anoka County. Coon Rapids residents used mediation to help them -- solve seemingly impossible problems with neighbors, family members, landlords or tenants, businesses or consumers, agencies and employees. Disputing people were assisted in exploring options for settlement and in working, out a mutually agreeable solution to their problem. This assistance was provided,by a core of dedicated volunteers. In 1988 more than 1,800 hours of service ,vas contributed by trained community volunteers who worlced as case developers, mediators, board directors, outreach workers, committee members and office staff. People learned new skills of communication and problem management through volunteers' assistance. 102 ne" cases were opened resulting in 60 mediations or conciliations. Many people were provided with information about other services or a referral to a more appropriate agency for help. Mediation Services is currently seeking volunteers interested in case development. This involves phone work with individuals seekin9 help with problems. Case developers listen closely, remain outside the conflict and promote mediation while exploring a range of options to resolve the problem. Training is provided. Working hours to be arranged. Join a team of people working to make this community a better place to live and work. The rewards can be tremendous; the benefits great! Call Ann Wallerstedt or Thorn Nelson at 755-5300 for an application. ORC , Guarl?erlx . u:; DISPUTE RESOLUTION 265 ONEIDA ST., CENTER, VOL 4 SAINT PAUL, MN. #4, DECEMBER 1988 55102 290-0790 YOO CAN PIND JUSTICE (If OO-IT-YmRSELP BASIS No doubt, countless conflicts go unresolved because the legal system seems remote and IQlenetrable. Or the particular disputes don't seem to quite Justify potentiallY ruinous attorney's fees, and the disputants couldn't afford them In any case. Surely, not every confllct seems to be or can be resolved. We already have a litigious society, But 11 t tI e losses can add up. And wounds of sua II Injustlces'can fester. Individuals can begin to see themselves as victims - helpless, weak, vulnerable. Can you do anything, about It? Achieve Justice In disputes on a suall, Individual scale? Yes, you can. One way Is through citizen dispute mediation. Let's say your neighbors' loud celebrations or vocal dogs rub you the wrong way, and the neighbors don't seem to be getting the message. You could contact the Dispute Resolution Center (290-0790) In st. Paul and V ask for help In resolving the disagreement. (Similar centers operate In other areas; the Minnesota State Bar Association - 333-1183 - lists many In Its current directory.) The center would contact the neighbors by letter, suggesting mediation. If the neighbors agreed - this Is totally voluntary - the center could schedule a session at all parties' convenience. If it Is held, each party would pay a $10 fee, though the center will waive the fee for people with too little Inclllle. The center would select one of It trained, community-volunteer mediators. At the session, the mediator would set UP ground rules for civil behavior and then would help you and your neighbors come to an agreement. Hote: You and the neighbors do the settllng,The mediator Blight suggest sane solution, but the decision-making is yours. If you can agree, the mediator will help put the accord In writing, though It would not be legally binding. Dispute Resolution Center's Rob Freedlander (sic) says that the mutually crafted agreements achieve 70 percent to 80 Opercent c~lIance, If the other side won't try mediation. you could try conclliatlon court. It's also known as suall claims cOIlrtl It can hear dl6PUtos Involving $2,000 or less. There Is a sua I I , sliding filing fee - from DRe serves all of R~msey County I\.AlNI AHOo\,t,CCo\IHn " i - I! \U $11 to $26, depending on the size of the claim. Citizens appear without attorneys. They make their cases to a judge or referee, who soon thereafter issues a judlJDent. If you prevai I, you might have to ask a district court to enforce the judgment, but many people find this do-It-yourself litigating very satisfactory, win or lose. Mr. Freedlander (sic) notes that the Dispute Resolution Center also mediates cases In conciliation court and submits the agreements to the referees for the record.) Por $2, Minnesota Public Interest Research Group (2412 University Ave. S. E. Minneapolis 55414; 621-4035) offers a users' guide to Minnesota conciliation courts, SaDe bigger-scale conflicts like divorce, personal injury, employment disputes or contract disputes can be amenable to mediation, too, Nancy Welsh, of the Mediation Center in St, Paul (644-1453), says that her center encourages both sides In such cases to consult lawyers, but the individuals can initiate mediation nonetheless. Again, the parties In successful mediation find a resolution - not a judge or arbiter, (continued on page 4) A!NIlSStNG smr.mmrr OPTllIIS Once 'parties have generated two or more possibie ~ttlement options, they will want to evaluate how ,--,-ell these posslbll~les satisfy their Interests. Assessing settlement options can be conwcted by the parties alone, by the parties In caucus with a mediator or In a Joint session wi th both parties present. The more trust that exists between parties, the clearer the cOOllllnlcatlon. the more cooperation the parties have exhibited, and the greater use of Interest-based bargaining, the more likely It will be that the parties will be able to evaluate options In Joint session, If, however, the negotiations have been especially tense, the parties have fou~t hard over Issues, Interests are predanlnately mixed or exclusive, or positional bargaining has been the mode for option generation; then the parties will probably want to conwct option assessment either alone or with the assistance of a mediator. CRITERIA fOR ASSESSING SETTLEIIEHT OPTIlIIS * Does the settlement option satisfy all parties total set of 'real' substantive interests (as opposed 'to wants or desires), goals and objectives In both the short and long term? * Has the solution been achieved In a manner that Is congruent with all parties' desire to participate and affect the negotiation? * Does the settlement option promote the relationship and meet the psychological Interests of the party? Of the other party? * Have the parties explored all the possible settlement options that ml~t either make each better off or one party better off with no adverse consequence to the other party? * Has the settlement option been achieved by the lowest possible transaction costs (time, monetary, energy/emotional) relative to the desirability of the result? * Is the settlement option IQllementable or has It only raised more problems that need to be solved? * Are the parties ccmnltted to the settlement 50 that there Is a high llkellhood of c~llance, or that they will follow-throu!il on the agreement without regret? . Is the settlement option 'fair' and 'Just? Have the parties considered the legitimacy of each other's claims and made any adjustments they feel are humanely or morally Indicated? * Is the settlement offer equal to or superior to that available throu~ other means of dispute resolution? * Does the settlement allow one or both parties to Increase the predlctablll ty of the outcane of the dispute and minimize unnecessary risks? o ROLE OF TIlE IlEDIATOl The mediator often plays an Invaluable function at ; '\ this stage of the negotiation by: '-if . Being a reality tester - 'Is this a realistic way of meeting your need?' 'Vi II this really work?' * Probing - to determine If the solution really meets a need or satisfies an interest. · Does that really meet your need?' 'Is there anything missing here?' . Aiding parties to compare options - 'What parts of all these options do you like?' 'What .parts of these solutions are a problem for you?' . Assisting parties to assess long and short term iq>acts of proposed settlement options - 'Vi II this be satisfactory a year fran now?' 'Thls sounds good to you today, how wi II you fee I about it in the future?' . Raising doubts about whether parties have better options that those developed through negotiations. 'What makes you believe that the court will give you more than this offer?' 'How do you assess your chances in another arena? 2O'? 5O'o? 75'0?' . Assisting parties to evaluate and modify options to meet their needs better - 'How ml~t this option be modified to better meet your needs?...) 'Are there trades on issues that you might be wi II ing to make so that you can satisfy your major interests, she wi II get more of what she wants, and neither of you are losers?' * Helping parties to look at their Best Alternative to Negotiated Agreement (BATNA) , Vorst Alternative to Negotiated Agreement (WATNA), and Most Likely Alternative to Negotiated Agreement (MIATNA). * Assisting parties to Identify the benefits of settling or not settling - 'How mi~t this agreement be good for you?' 'How would not settling be good for you?' . Assisting parties to identify the costs of settling or not settling - 'What are the costs to you of not settling? Time? Money? Delay? Personal energy? Precedent? Risk of another decision-making procewre not in your favor?' 'What are the costs of settling?' . Assist parties to determine if the selection of an option creates desirable or undesirable precedents - 'If you resolve this Issue In the manner proposed by this option, will It create a desirable precedent for how you handle future Issues?' '\ .....) I Editor's note: this material is part of a training manual entitled, 'Decision Making and Conf) Ict Management. wri tten by Christopher V. Moore of the Center for Dispute Resolution c 1986. It Is reprinted with their permission.) ~ MINNESOTA ASSOCIATION OF COMMUNITY MEDIATION PROGRAMS~ {"We welcaDe stories, notes, updates fran other mediation program across the state. This may beCaDe a re~lar ~feature of the DRC Qu~terlv depending on program and reader response. Please let us know if you find this material interesting and Informative. ' MEDIATIIII SERVICES fOR AHOIA CllJRrY NO NEIGHBORHOOD PROBLEII IS VlImI LOSING SLEEP OYER On a bright July morning, a wanan opens her sliding glass doors and Is once again fully awakened by the odor fran the nei~r's yard. The neighbor operates a horse-breedlnglboardlng faclll ty and has already moved the offensive pile once to meet all PCA re~latlons. A man peers out his front window and yells at the neighbor'S bull. Having pushed over a poorly built fence, the animal Is nibbling tender sprouts fran the garden for the third time. Although these cases are humorous, the problems are not. The people involved were deadly serious about the stress they were experiencing. Each of these Individuals called MEDIATION SERVICES FOR ANOIA COUNTY and resolved their problem through mediation. There are no 'ordlnary' cases handled by coomunl ty mediation programs and our's can range fran the most rural In nature to the typicallY suburban. Mediation Services for Anoka County is now almost two years old and has handled cases Involving evictions, zoning changes, consumer issues, vandalism, harassment and recently a case of alleged age discrimination for one of AnOka County's largest employers who does business on an International scope. MSAC is growing up fast. I hope that this short introduction has provided a glimpse Into the character of a sister organization. Our common thread Is that nowhere is a neighborhood problem worth losing sleep over --- including AnOka County. , '-" o MINNEAPOLIS MEDIATIIlI PROGRAM The Minneapolis Mediation Program Is a coomuni ty resource which provides mediation services to individuals or organizations In Minneapolis and the surrounding coomunltles seeking to resolve conflicts through peaceful coomunlcatlons with others. MKP provides dedicated, trained volunteer mediators who faci II tate effective dispute resolution (It no cost to the partIcIpants. The Minneapolis Mediation Program works to educate the coomunity 90 that mediation is more fully understood, accepted, and widely utilized; to train volunteer mediators so that they can accept responsibillty for providing individuals in conflict a safe environment to discuss and resolve their disagreements; and to provide support to participants so that they can realize positive outCaDeS fran their participation in the medIation process and to mediators so that they can meet the needs of a dynamic coomunity. In addition to providing mediation services the Minneapolis Mediation Program works with parties in conflict to resolve disputes through conciliation efforts and provideS referrals to those parties who, because of the nature of their problems, would be better served by another agency or resource. MKP conducts a thorough follow-up and evaluation of each case that is mediated or conciliated, per the agreement reached by the participants. The Minneapolis Mediation Program processes cases and inquiries regarding a wide variety of disputes. MKP staff can be reached at 871-0639 or 871-8752. WEST SUBURBAN MEDIATIIlI CEHTER The West Suburban Mediation Center serves the western, southern, and two northwestern (New Hope and Golden Valley) suburbs of Hennepin County. Regular office hours are 9 a.m. to 6 p.m. Monday - Friday, although mediations are held in the evenings or on weekends. Two staff run the Center, with the assistance of a Board of Directors and 25 volunteer mediators. The Center receives funds fran Hennepin County, IWniclpallties, IOLTA, the Bush Foundation and service organizations. There is no charge for WSMC's services. ' During Dispute Resolution Week, staff was busy distributing brochures and buttons at the Hennepin County Government Center, making presentations at the Golden Valley and st. Louis Park I ibraries and hosting an open house for mediators, publ ic officials, legislators and the general publiC. In 1989, WSMC will be working with the Minnesota Center for Conflict Resolution to implement a truancy/mediation program. WSMC staff can be reached at 933-0005. CALENDAR OF EVENTS The Society of Professionals In Dispute Resolution O (SPIDR) will hold Informal breakfast me, etlngs to discuss happenings, events, trends, etc. in the field. They wlll be held at the FIICS Offices at Broa<t.lay Place Vest, 1300 Godward Street, SUite 3950 In Minneapolis on: ' FridaY, January 13, 1989 Friday, February 10, 1989 Friday, March 10, 1989 Friday, April 14, 1989 All meetings will begin at 7:30 a.m. For further Information, contact Pete Obermeyer at 549-6421. Information on future ongoing training opportunities for Association member mediators will appear in the next edition of the DRC Quarterlv. hrtr.41f1. iEfl!ir9N!i ht "lUl;;, '}"'~l!Js'" GREETING!! v,r~'t!P" (continued from page 1) The Mediation Center and comparable agencies charge for their services. But they have a high success rate; Mediation Center boasts numerous success stories. And mediation can minimize costly lawyer time, Participation in mediation or conciliation court ml~t require a change of attitude. You yourself, rather than an advocate, mst step into the arena, And, In mediation, you DJst be thinking · accord,' not, 'conquest.' But such participation can bring another welcome change of attitude to all involved: from 'vlctlm' to 'victor,' [Editor's note: This editorial appeared in the St. Paul Pioneer Press Dispatch on MondaYr Novedler 21, 1988. It Is reprinted with their perm ssion.] DISPUTE RESOLUTION CENTER 265 Oneida Slreet SainI Paul, Minnesota 55t02 (612) 290,0790 / " r , r I ..- / 0 " -/ DRC DIRECTOR'S IIPDATE By Robert Friedlander Interest In alternative dispute resolution thrived '\ c1irlng the second annual Dispute Resolution Week -I held In November. Over one-hundred and seventy-five Individuals from all corners of the state turned out to hear excellent presentations at the 'Mediation in 'Education' forum. Open houses, demonstrations and other events also proved to be successful. It .appears that sane of our efforts to persuade the media to publicize our services are beginning to pay off, Besides the editorial appearing In the SL. Paul Pioneer Press Dispatch (it Is reprinted on,-page 1 of this edition of the DRC Quarterlv), Twin Cities Regional Cable Channel Six wlll be broadCasting a tape adapted by one of the Association members on (12/20 at 7:30 p.m.; 12/22 at 8:30 p.m.; 12/25 at 5:30 p.m.; 12/30 at 5:30 p.m.; 1/2/89 at 7:00 p.m.; 1/6 at 9:00 p.m,; 1/9 at 5:30 p.m.; and 1/10 at 10:00 p,m.) and ISTP-PM (94.5) aired an Interview with me on IlecelOOer 18. Ve appreciate the coverage and hope other media outlets will continue to help us get out the word in the coming months. Earlier this year, Ed Starr resigned his position on the Center's Board of Directors to devote time to a variety of other activities. Ed served as the Center's first Board Chair and continued as an active member for several additional years. Not J only was he instrumental in helping to develop the program but he stood firmly behind It c1iring years of growth and expansion, As the St. Paul City Attorney he often used to persuasive skills to speak positively about ctlllllUnlty mediation. Ed's contributions have been invaluable to the Dispute Resolution Center and we thank him. I wish all of you a productive and peaceful 1989, -~ Non-Profit Organ. U.S. Postage PAID St. Paul, HR. Permi t No. 2332 --' 9KDA T.oL TZ. KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101-1893 612/292 -4400 FAX 612/292-0083 ENGINEERS ARCHITECTS PLANNERS February 8, 1989 Honorable Mayor and City Council Andover, Minnesota Re: Andover, Minnesota Commission No. 9140-989 Dear Mayor and Council: The fol lowing is confirmation of engineering matters discussed and action taken at the regul ar City Counci I Meeti ng hel d at 7:30 PM on Tuesday, February 7, 1989: 1. Feasibility Report, Red Oaks Manor 6th Addition, Project 89-4 The City Council received the report, waived the publ ic hearing and ordered the project, authorizing TKDA to prepare plans and speci f icati ons. 2. Easements in Proposed Hills of Blinker lake 4th Addition, Projects 87-11 and 88-5 The City Council accepted the referenced easements for util ity (watermain) construction within the proposed future street right-of- way. 3. Approve Final Payment - Elementary School lIti I ity Improvements. Project aI=ll The Council approved the final payment under the conditions outl ined in the letter from TKDA. 4. Declare r~sts, Order Preparation of Assessment Rol Is. Order Pub) ic Hearing The Council declared the final costs and ordered TKDA to prepare assessment roll s for the follow i ng projects: o 87-21 87-27 87-32 88-5 88-6 88-7 88-11 88-13 88..,19 Oak Bluff 2nd Addition Woodl and Creek WinslCkl Hills Hil Is of Bunker Lake 3rd Addition Kensington Estates 3rd Addition Brandon's Lakeview Estates Hidden Creek East Creekhaven Woodland Creek 2nd Addition o o , . Honorable Mayor and City Council Andover, Minnesota February 8, 1989 Page 2 The Council set the public hearing for the regularly scheduled Council meeting to be held on Tuesday, March 7, 1989. Gerry Wlndschltl, developer of Kensington Estates 3rd Addition, Project 88-6, presented a letter waiving the public hearing. 5. Schedule Work Session - Water System Analysis The Council decided against schedul ing a work session, but asked TKDA to prepare a presentation for the regularly scheduled Council meeting to be held on Tuesday, February 21, 1989. There being no further engineering matters to be discussed, the Engineer was excused at approximately 10:45 PM. JPR:adh CO U N TY OF 1u c, C- . A N 0 <<XJcfy ~ , Office of the County Board of Commissioners COURTHOUSE ANOKA, MINNESOTA 55303 612-421-4760 MEMO TO: 1---.._ , January 26, 198 ,,/U f t,:- F,i 'f.i ','h"",~:-, ,~' ,'''-- jl~;;~;;tlb ~ ~-' CITY OF AN ...", Mayors, City Managers and Clerks, School Board Chairs, Cll,a DOVER School Superintendents in Anoka County ~ FROM: Jay Mclinden, County Administrator SUBJECT: Truth in Taxation Under the current ''Truth in Taxation" law, passed by the 1988 Legislature, a public hearing is required to adopt a final budget and property tax levy. The law indicates that the School Board and County Board cannot schedule their initial budget hearings on the same days that such a public hearing is scheduled for a city. The County Auditor has until September 15 to notify each taxpayer of his or her proposed property taxes, and on or before September 15 we must all advertise a notice of intent to adopt a budget and property tax levy at a public hearing at least two days and not more than five days after the newspaper notice appears, If we plan on advertising on September 15, 1989, the three days eligible for the public hearing are Monday, Tuesday, and Wednesday, September 18, 19, and 20, 1989. Because of such obvious scheduling difficulties, the County is seeking the cooperation of loeal municipalities to not schedule their initial public hearings on the budget on the day the County intends to conduct its hearing, which is Wednesday, September 20, 1989. Any regular city council meeting could be held on that Wednesday, but the County is requesting that the municipalities' initial budget hearings be held on a different day so that the County can comply with the law. Better yet, we could all work and plan together to schedule these budget hearings, The County's recommendation is that all school districts hold their initial budget hearing on Monday, all cities on Tuesday, and the County on Wednesday: School Districts Cities County Monday Tuesday Wednesday This would enable taxpayers in each jurisdiction to attend each of their hearings. o If there is no objection to this Mondayrruesday/Wednesday plan, let us assume that this is the way it will work in Anoka County. Regardless, the County is asking you not to schedule your Affirmative Action / Equal Opportunity Employer ";$i:r~l , o o ~ .... January 26, 1989 Page 2 budget hearing at any time on Wednesday, September 20, 1989, as it is the County's intent under the current law to have its budget hearing that evening. Thanks for your serious consideration of this early planning on this most important subject. far m~~.4-. .' John "Jay" Mclinden County Administrator JM:nb cc: Anoka County Commissioners Anoka County Budget Team o o ~ ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 29B ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM AND OAK WILT DISEASE AND SPREAD OF PINE BARK BEETLES WITHIN THE CITY OF ANDOVER. SECTION 1. The City Council of the City of Andover ordains that Ordinance 29 is amended as follows: SECTION 2. Declaration of Policy. The City Council of Andover has determined that the health of the elm, line and oak trees within the City limits are threatened by fata diseases known as Dutch Elm diseaseLaaa Oak Wilt disease and pine bark beetles (I~S Pini). It has further determined that the loss of Elm and Oa and Pine trees growing upon public and private property would substantially depreciate the value of property within the City, and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the Council to control and prevent the spread of these diseases and this Ordinance is enacted for that purpose. SECTION 3. Forester. Subd. 1. position Created The position of Fores.ter is hereby created within the City. Subd. 2. Duties of Forester. It is the duty of the forester to coordinate under the direction and control of the Council, all activities of the municipality relating to the control and prevention of Dutch Elm and Oak wilt diseases and the spread of the pine bark (IaS Pini) Beetle. The Forester shall recommend to the Council the etails of a program adopted by the Council. SECTION 4. B~~ea-Elm-aaa-eak-Wil~ Diseased Tree Program. Subd. 1. / This program is directed specifically at the control and elimination of Dutch Elm and Oak Wilt disease fungus,aa6 elm and pine bark beetles and is undertaken at the recommendation of ~ Commissioner of Agriculture and the Council in the conduct of this program. SECTION 5. Nuisances Declared. Subd. 1. The following things are public nuisances whenever they may be found within City of Andover. the art o o ~' page 2 Ordinance 29B Amendment February 7, 19B9 Subd. 2. Abatement. It is unlawful for any person to permit any public nuisance as defined in subdivision 1 to remain on any premises owned or controlled by him within the city of Andover. Such nuisances may be abated in the manner prescribed by this Ordinance. SECTION 6. Inspection and Investigation. Subd. 1. Annual ~ection. The Forester shall inspect all premises and places w~t in the City of Andover as often as practicable to determine whether any condition described in Section 5 of this ordinance exists thereon. He shall investigate all reported incidents of infestation by Dutch Elm fungus, elm or pine bark beetles or Oak Wilt fungus. Subd. 3. Diagnosis. The Forester shall, upon finding conditions indicating Dutch Elm or Oak Wilt or ~ine bark beetle infestations, immediately send appropriate spec~mans or samples to the Commissioner of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Commissioner. Except as provided in Section B no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made. SECTION 7. Abatement of Dutch Elm or Oak wilt Disease or Pine Bark Beetle Nuisances. Subd. 1. In abating the nuisances defined in Section 5, the Forester shall cause the infected tree or wood to be sprayed, removed, burned or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of Dutch Elm or Oak wilt disease fungus or elm or pine bark beetles. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designed by the Commissioner of Agriculture. SECTION B. procedure for Removal of Infected Trees and Wood. / Subd. 1. Whenever the Forester finds with reasonable certainty that the infestation defined in Section 5 exists in any tree or wood in any public or private place in the City, he shall proceed as follows: A. If the Forester finds that the danger of infestation of other elm, pine or oak trees is not imminent because of ---------- dormancy, he shall make a written report of his findings to the Council, which shall proceed by (1) abating the nuisance as a public improvement under Minnesota Statutes Ch. 429 or (2) abating the nuisance as provided in Subd. 2 of this Section. o o Page 3 Ordinance 29B Amendment February 7, 1989 B. If the Forester finds that danger of infestation of other elm, pine or oak trees is imminent, he shall notify the abutting property owner by certified mail that the nuisance will be abated within a specified time, not less than 5 days from the time of mailing of such notice. The Forester shall immediately report such action to the Council and after the expiration of the time limited by the notice he may abate the nuisance. SECTION 13. This ordinance is effective from and after its passage and publication. Adopted by the City Council this 7th day of February , 1989. ATTEST: L.u Vicki Volk, City Clerk / o o To: CITY of ANDOVER Mayor and city Council Copies: City Administrator From: Date: Re: City Clerk February 15, 1989 Town Meeting Representative Theresa Lynch has scheduled the Senior Citizen Center for a Town Meeting at, 7:30 P.M., Monday, February 27, 1989. o o /0 c:Z: z.J1./ jf?<7 31 January 1989 16735 Tulip street Northwest Andover, Minnesota 55304-1904 Andover City Hall Administration 1685 Northwest crosstown Boulevard Andover, Minnesota 55304 Sir: On Tuesday, 10 January 1989, I discovered that my office had been burglarized. Deputy Richard Albertson was very prompt responding to my telephone call, and was very patient and supportive taking my statement. At the time I telephoned I was very upset, having lost office equipment I require for my daily self-employment. Albertson was very reassuring and also made several practical suggestions to reduce the chances of a similar event in the future. I complement Albertson for dealing with my problem in a timely, professional and kind manner. Thank you. Sincerely, G' V--W~~ I Guy R. Winters cc: Anoka County Sheriff's Office o '--" o ......"--......"...,~"-..~...,.~_.._,......,,..,,,................_---- _.__~__...,,_.,....,,'..M". 10 c...C. League of Minnes()ta Citie , Cities Bulle inNDOVER Number 5 February 10, 1989 " Ethics bill encounters opposition Members of the Senate Elections and cover elected officials and public em- Ethics Committee criticized some of the ployees. During a February 8 commit- financial disclosure requirements in S.F. tee meeting, Committee Chair Senator 5, ethics in govemmentlegislation, as too Jerome Hughes (DFL-Maplewood), far-reaching and intrusive. The bill would urged bill author Senator John Marty (DFL-Roseville) to redraft portions of the bill dealing with strict disclosure of sources of income and loans as well as sections banning gifts and favors from outside (private) interests. As a result, substantial changes are certain ifthe bill is to make progress during this legislative session. Committee mem- bers appear to be seriously concerned about local officials, legislators, and state govemment. Employees would have to file detailed financial disclosure reports listing iuformation on family financial circumstances unrelated to their responsibilities as public servants. Author of S.F. 5, Senator John Marty, testifies before the Elections Committee. Committee members Senators Donna Peterson (DFL-Mpls) and Gary Laidig (JR. Stillwater) listen to testimony on ethics in government legislation at the February 8 hearing. "- Action Alert The League asks city officials to act on these issues: . "Year of the City" hearing . TIF loses homestead credit II ------ ~_:-..,- '::1 -Ill C:~l-_m 1 ---J l :',:'~ ~ ~~ i j ....oj ":;" , , j:: 1,. t Contents Page Action Alerts o "Year of the City" legislation to get fIrst hearing ..................................................3 o Tax increment fInance districts can kiss homestead credit goodbye ..................................4 Articles Ethics bill encountersopposition..........................1,3 Federal Update Bush proposals for FY 1990 budget ....................F1 (inside back cover) Bill Summaries ......................... ...... ....... ............ ............S 1 (yellow sheets) " \ The Cities Bulletin is a publication of the League of Minnesota Cities and includes an update of state legislative, administrative, and congressional actions that affect cities. It also includes reviews of metropolitan area issues by the Association of Metropolitan Municipalities. " League legislative staff members are available to answer your questions concerning legislation relating to cities. The Bulletin lists League and AMM authors of articles and bill summaries by their initials. Joel Jamnik -- JJ Laurie Fiori Hacking -- LFH Stanley Peskar -- SP Ann Higgins -- AH Donald Slater -- DS Sarah Hackett -- SH Chuck Bichler -- CB Thomas Grundhoefer -- TG Debra Nyberg -- DN Jean Mehle Goad -- JMG Vern Peterson -- VP Roger Peterson -- RP o page 2 LMC Cities Bulletin . o <. o Senator Marty acknowledged that hc contacted the Leaguc (and other con- cerned parties) to determine how to modify the proposal to make it workable for local officials and othcrs. Thc alterna- tives are not immediately apparent be- cause size of city is only one factor to consider in designing more financial disclosure requirements appropriate at the local level. The League had prepared testimony in opposition to the bill that would have requircd councilmembers and other lo- cal officials to revcal detailcd informa- tion on their personal finances as well as those of immediate family members including in-laws. The League has in- formation demonstrating extensive lo- cal initiative in the development of local codes of ethics and economic interest statements. Senator Hughes decided against taking testimony during thc February 8 meeting because committee dicussion of the bill consumed all avail- able time for deliberation. Action Alert It is unlikcly that thc legislation will reccivc another hearing in the Senate committee until substantial changes respond to concerns of thc League and private scctor interests. The Minnesota Leaguc of Women Vot- ers and Common Cause of Minncsota support the rneasures in S.F. 5 to limit undue influence on policymakers. They generally support the concept of a state- wide code of ethics for public ofl'icia);;. AU "Year of the city" legislation to get first hearing The governor's proposal calling for $70 million in special program funding for the three first class cities of Duluth, Minneapolis, and St. Paul will get its first pnblic hearing on Tuesday, Febrn- ary 14 before the House Economic Development Division on Community Stabilization and Development. The hearing will be at 12:30 p.m. in Room 10 ofthe State Office Building. The division chair is Rep. Karen Clark (DFL-Minneapolis), who will be one of the chief sponsors of the "year of the city" legislation. This division hearing is the first in a series of hearings that will be held on the "year of the city" pro- posal. The League is urging cities interested in the proposal to request to testify during these hearings. Cities wanting to testify should also contact the League. Although legislators have not intro- duced the legislation, the outlines of the governor's original proposal include: o $40 million of funding for the urban revitalization action program (URAP) for low-income housing, transitional housing, and other shelter needs for the homeless; 0$21.3 million for human service pro- grams associated with job skill devclop- ment. chemical dependency, mental ill- ness, crime, language and cultural dif- ferences, and inadequate health and child care; and o $8.7 million for center city school districts to assist thcm in coping with large numbers of students of impover- ished, transient, and racial minority populations. Governor Perpich's original proposal would require the three cities to submit expenditure proposals to the appropriate state agencies for each of these three programs. The state agencies would have review and comment authority. According to thc governor's budget document, a futurc goal for the year of the city program is to "begin working with othcr Minnesota cities to identify additional needs that warrant special state assistance." Some additional assistance would become available to other cities under the governor's housing recom- mendations which propose $10 million for low-income housiug assistance pro- grams for cities other than Minncapolis, St. Paul, and Duluth. In comlllcnting on the proposal last wcck, Spcaker Robert Vanasek (DFL-Ncw Praguc) said, "I think legislators are always going to want to see that their areas of the state are not ignored." The League has requestcd to testify at the year of the city hearings. LMC will recommend that spccial program fnnd- ing bc made availablc to all cities which mect criteria for program participation. According to Lcague lcgislative policy. any catcgorical aid program shou ld use the broadest and most inclusive defini- tion ofa problem as thc critcrion for city participation, rather than a city's size or gcographic location. Cities which can demonstrate that thcy have significant problems with substandard housing. high crinle ratcs, special needs for social scrv- ices, or a significant homeless popula- tion should have access to spccial state programs designed to ameliorate sucll problems. LFH February 10, 1989 page 3 Action Alert \... o Tax increment finance districts can kiss homestead credit goodbye Beginning in payable 1990, tax incre- ment finance (TIF) districts containing homestead properties will no longer be eligible to receive homestead credit funds. Beginning in payable 1990, state law will eliminate the old homestead credit program and replace it with the transi- tion aid. Under the new law, transition aid is not payable for homestead proper- ties in TIF districts. For TIF districts with heavy concentra- tions of homestead properties, this change could dramatically reduce expected ,,' captured tax increments (by halfin some cases). The Legislature's rationale for this change was a belief that the state should not "subsidize" TIP districts through aid payments such as home- stead credit/transition aid. Unfortunately, this elimination ofthe homestead credit could financially threaten many existing TIF districts as well as make it far more difficult to create TIF housing districts in the future. The League will lobby to restore transi- tion aid payments for TIF districts. But we need cities' help. The League ueeds to prepare "case studies" that will sub- stantiate the financial harm this change will do to existing TIF districts. We need to hear from cities with housiug districts about the revenue shortfall they project from the elimiuation of the homestead credit. Please write Lauric Fiori Hacking, Legislative Representa- tive, League of Minnesota Cities, 183 University Avenue East, 51. Paul, MN 55101 or call her at (612) 227-5600. Also contact your legislator with this same infonnation. LFH o page 4 LMC Cities Bulletin ,...." ,',-.., ~ o Courts and crime Sex offenders, screening for psychopaths H.F.318 (Ozment, Miller, Blatz, Kelly) (Judiciary) would require the commis- sioner of corrections to screen criminal sexual conduct offenders before their release from prison to determine if they are psychopathic personalities. Where screening determines psychopathic char- acterisitcs exists, the bill would require notification to the county attomey, who would then file a petition for judicial commitment. CB Commitment hearings, consent to medication H.F.320 (Milbert, Pugh, Blatz, Seaberg) (Judiciary) would require the court, at a commitment hearing, to detennine a patient's competency to provide informed cl1nsent to psychotropic and neuroleptic medications. CB Sex offenders, limitation on stays of sentences, increased penalties H.F.359 (Marsh, Blatz, Frederick, Henry, Lynch) (Judiciary) would limit stay of imposition or execution of a sentence to fust time convictions of certain criminal sexual conduct offenses. The bill would require that treatment take place in a secure facility, and would extend the terms for third violent sexual offenses. The bill would establish a bipartisan audit committee to review the sentenc- ing guidelines system, and would appro- priate money for administration of sex- ual assault service programs. CB o Unifonn probate code S.F.355 (Merriam) (Judiciary) would enact the uniform probate code without ad- ministration provisions. The bill would allow heirs or devisees to become uni- versal successors to a decedent's estate by assuming personal liability for taxes, debts, claims and distributions. CB '-- February 10, 1989 Bill Summaries Semi-automatic weapons, prohibition S.F.366 (Cohen, Spear) (Judiciary) would prohibit the ownership, possession, or operation of semi-automatic assualt weapons, including the AKS-47, effec- tiveAugust 1,1989. CB Economic development Affordable housing program S.F.350 (Pogemiller, Frank, Bernhagen, Morse, R. Moe) (Economic Develop- ment & Housing) would establish af- fordable housing and neighborhood preservation programs. The bill would revise certain tenant damage provisions in landlord-tenant actions and regulate tenant screening services. It would es- tablish housing courts and rent escrow services. Under the bill, taxes on certain types of residential rental property would decrease. The proposal would authorize a tax levy for public housing. The bill would establish a fair housing education and public information program, and would require public agencies to pre- pare housing impact statements. The legislation would appropriate money to the housing finance agency for low-in- come individual and family rental hous- ing, for adaption of units for physical handicap access, for transitional hous- ing unit acquisition rehabilitation or construction, for single-family home accessibility modification, and for home energy loans. CB Economit development authority RF.353 (Otis, Pelowski, Williams, Miller) (Economic Development) would remove the restriction requiring contiguous boundaries and pereentage requirements for substandard, under-utilized, and unused existing development Under the bill, economic development authori- ties could build on their own land and furnish capital equipment provided they then sell or lease the development to private interests. The city council, by simple majority, could authorize thc issuance of bonds. The bill would ex- clude the authority's bonds from city debt limits. SH -,. "tounty economic development authorities; development alliances S.F.278 (Morse, R. Moe, Pehler, Beck- man) (Economic Devclopmcnt & Hous- ing) would rename regional develop- ment commissions as "area devclopment alliances" and grant them additional authority for planning revicws, coordi- nation of rural and regional research programs, participation in boundary decisions, and participatiou in rcvolving business loan fund programs. Statc equalization revenue would go to thc alliances based on their tax levy. The legislation would authorize them to es- tablish reserve funds. Counties within alliance areas would have the authority to establish county economic dcvclop- ment authorities which would have all of the powers currently grantcd to city economic developmeut authorities. Programs of county EDAs would bc subject to review by the development alliance, but would only rcquirc city approval in cities which ha ve either port authorities or economic developmcnt authorities (similar to county EDA au- thority in S.FA8/H.F.71). SH Environment Hazardous substance compensation H.F.349 (price, Munger, Long, Kahn) (Envirorunent & Natural Resources) would define hazardous substances, and would allow claims within six years aftcr a claimant incurs a loss. Thc bill wonld modify property damage losscs relating to drinking water replacemcnt and would add losses of up to $25,000 duc to the inability to sell certain propcrty. Thc bill would repea\ authority to make claims for certain other propcrty losses. CB 81 Superfund--PeA acquisition of property S.F.359 (Merriam) (Environment & Natural Resources) would give the pol- lution control agency authority under the environmental response and liability act 10 acquire real property or interests in real property if it determines the acqui- sition is needed for any investigative, correctional, removal. remedial, or re- sponse action. CB Finance and revenue Homestead and agricultural credits, restoration H.F.224 (Olsen, Uphus, Frederick, Gi- rard, Lynch) (Taxes) would restore the homestead and agricultural credits after 1989, adjusting classification of affected properties to reflect this change. The bill would eliminate income maintenance aids and limit state payments to 85 per- cent of expenses that federal funds do not cover. SH Special levy for Infrastructure replacement reserve fund H.F.332 (Stanius) (Taxes) would author- ize a special levy to fund a reserrve for infrastructure replacement, outside the overall levy limit Effective for taxes levied in 1989 and thereafter. SH MVET exemption for local governments H.F.346 (Stanius, GiranI, Bennett, Freder- ick, Weaver) (Taxes) would exempt local govemments and state institutions of higher education from the motor vehicle excise tax. Effective for purchases after June 30, 1989. SH Prgperty values--environmental factors S.F.338 (Cohen) (Taxes & Tax Laws) would require assessors to consider environmental factors, such as exces- sive noise or hazardous conditions near the property, when valuing property. Effective for taxes levied in 19,89 and thereafter. SH Basic education revenue allowance S.F.356 (Metzen) (Education) would increase the basic revenue formula al- lowance to $3,020 for fiscal year 1990 and $3,170 for fiscal year 1991 (cur- rently $2,800 for each year). Effective July 1, 1989. SH Gambling Charitable gambling, casino night and use of profits S.F.352 (Lantry) (General Legislation and Gaming) would allow licensed or- ganizations to conduct casino nights up to two times a year under specified conditions, and would allow organiza- tions to use profits derived from a casino night to maintain or repair real property the organization owns or leases. CB General government Natural gas, outdoor lighting H.F.327 (Jacobs, Morrison, Jennings, Osthoff, Quinn) (Environment & Natu- ral Resources) would repeal the prohibi- tion of natural gas outdoor lighting. CB Corporations, application of the control share acquisition laws H.F.377 (Simoneau, Sama, Heap, Va- nansek, Greenfield) (Commerce) would remove the July 31, 1990 limit on appli- cation of control share acquisition stat- utes to issuing public corporations. CB Utility services, food processors S.F.322 (piper) (Public Utilities & En- ergy) would provide that a utility cus- tomer whose principal business is proc- essing food products is considered to be located outside of a municipality if the customer owns and is situated on con- tiguous'feal estate, a part of which is outside the municipality. CB Municipal annexation, property owner initiative S.F.327 (Knaak) (Local & Urban Gov- emment) would repeal the section ofJaw that allows property owners to initiate municipal annexation proceedings. CB Notaries public, bonding requirement S.F.331 (D. Mde, Spear) (Judiciary) would eliminate the requirement that notaries be bonded. CB '. Check cashing businesses, requirements S.F.353 (Spear, Cohen, Dahl, D. Petcr- son) (Commerce) would requirc busi- nesses offcring check cashing servidcs to be licensed, and would set thc maxi- mum fee at the greater of 0.75 percent of face value plus 10 cents pcr itcm, or 30 cents. The bill would excl udc financia I institutions and people who cash chccks for no consideration. CB o Trusts, creation of custodial trusts S,F.354 (Merriam) (Judiciary) would "allow the creation of custodial trusts of property by written transfer, evidenced by registration or other instrument of transfer. The bill would adopt the uni- form custodial trust code. CB Legislative building commission, creation S.F.357 (Freeman) (Governmental Op- erations) would create the legislative building commission consisting of 10 members (five from the Senate and five from the House), for the purpose of establishing and maintaining a six-year capital improvements plan. CB Liquor, license removal, holiday sales, samples S.F.358 (Solon, Purfeerst, Spear, Mct- zen) (Commerce) would allow thc gov- erning body of a municipality to refusc renewal of a liquor license to a pcrson convicted, within the past five years, of certain liquor violations:' The bill would allow on-sale liquor sales on Christmas eve, and off-sale liquor sales on July 4th. The bill would allow off-sale and mu- nicipalliquor stores to provide samples of malt liquors, and remove the author- ity of flIst class cities to issue off-sale licenses to general food stores. CB Pensions and retirement Retirement, correctional service H.F.345 (Baurely) (Govemmental Op- erations) would set the retiremcnt for- mula for covered correctional service at 2.5 percent for each year of service (now two percent after 25 years). CB o 82 LMC Cities Bulletin ;- o o , Public retirement, limiting outside service S.F.333 (Pogemiller, D. Moe) (Govern- mental Operations) would prohibit di- rectors and officers of public pension and retirement plans or funds from serv- ing for compensation as an officer or director of an outside corporation or association. The bill would allow serv- ice for non-profit organizations. CB Personnel Medical leaves of absence for school visits. care for family H.F.367 (McLaughlin, ~est, Blatz, A. Johnson, Begich) (Labor-Management Relations) would require employers to grant employees, after one year of em- ployment, family leaves up to two weeks during any 12-month period to attend school conferences or other school visits or to care for a child, spouse, or parent with a serious health condition. The bill would also require an employer to grant a medical leave of absence to an em- ployee for up to two weeks during any 12-month period for serious health con- ditions. The bill would allow employees to use sick leave benefits for absences caused by an ill child, and would require the continuation of health insurance during leaves. CB Employment, hours of minors S.F.329 (Diessner, Piper, Ramstad, Frank, Pehler) (employment) would disallow a high school student under the age of 17 from working after 11:00 p.m. on an evening before a school day. The pro- posal would provide a penalty of$50 for each violation. CB Public safety and health Emergency planning and community right to know act H.F.341 (Trimble, R. Johnson, Redalen, McGuire, Marsh) (Environment & Natu- ral Resources) would create an emer- gency response commissiollConsisting of nine govemor-appointed members and five agency heads. The commission would appoint local emergency plan- ning committees. Facilities covered by federal regulation would need to comply with emergency planning and releases notification standards. The bill would require reporting of the use of hazardous chemicals or extremely hazardous sub- stances. The bill would allow civil remedies and costs, and make failure to provide immediate notification of re- ~' lease of a hazardous substance to the commission a felony punishable by up to two years imprisonment and $25,000 fine. CB Elevators, regulating operators H.F.376 (Quinn, Begich, Beard, A. Johnson) (Labor-Management Relations) would require a state or municipal per- mit to install or construct an elevator, and would allow licensure of elevator contractors. The bill would give fIrst and second class cities the authority to inspect elevator installation and repair. The department of labor and industry would have rulemaking authority to set fees"license qualifications, and elevator standards. CB Health, radon work S.F.342 (Dahl, Freeman, Luther, Marty) (Health & Human Services) would re- quire a person who performs radon work for profit to be licensed. It would require real estate brokers and salespersons to give buyers a state-issued radon infor- mation pamphlet. The bill would re- quire the commissioner of health to provide technical and public informa- tion about radon and to conduct specific research projects and publish its find- ings. The bill would provide for rules governing advertising, remediation, and rcldon standards. The proposal would provide civil remedies up to $10,000 pcr day for violations, and would give the department of administration investiga- tory and subpoena powers. CB Maternal and child health block grants S.F.345 (Berglin) (Health & Human Services) would specify the miniImml allocation of funds to Minneapolis and St. Paul community health service areas ($1,626,215 and $822,931 respectively) with a proportional decrease in the event ofadecrease in federal funding. The bill would expand allowable use of the block grant funds to include programs address- ing the problems of childhood injurics in high risk target populations. CB Transportation Interstate highway acquisition, city approval H.F.317 (Clark) (Transportation) wonld require that first class cities approve department of transportation acqnisition of land for interstate highways if the taking would reduce the city's amonnt of housing eligible for federal lower- income housing assistance. CB Interstate 35W demonstration project H.F.350 (Clark, Kalis, McLaughlin) (Transportation) would ask the Presi- dent and Congress to establish a demon- stration project on h)terstate highway 35W. CB Resolution on federal gasoline excise taxes H.F.363 (Kelso, Kalis, Lieder, Lasley) (Transportation) would issue a resolu- tion to the President and Congress op- posing the imposition of any additional federal excise tax on motor fuel in ordcr to reduce the federal deficit. SH Studded and wire-embedded tires for emergency vehicles S.F.346 (Samuelson) (Transportation) would permit authorized emcrgcncy vehicles to use tires with metal studs or wire-embedded tires between Novem- ber I and April 30. The bill wonld limit size and number of metal studs. SH February to, 1989 83 '" o ~, o Federal Update I Bush proposals for FY 1990 budget When President Bush presents his budget proposals to Congress on February 9, city officials will be watching. It will be important to understand how the Presi- dent intends to carry forward his pledge to take care of domestic needs. Substan- tial changes in federal priorities and deficit reduction measures are necessary if the federal govemment is to play a mean- ingful role in aiding cities' needs for affordable housing, safe drinkiug water, improvements in solid waste manage- ment, community development, and ef- forts to combat homelessness and drug abuse. The federal budgetthatformer President Reagan presented in January would re- sult in steep declines in federal funding for transportation (especially transit), economic development, clean water, and other city programs. The Reagan Ad- ministration recommended a tax increase for state and local goverument by man- dating Medicare coverage for all public employees not currently enrolled in Medicare. That added cost at the state and local level is likely to raise $4.5 billion for the federal deficit reduction over the next three years. In Minnesota, the estimated increase in employee deductions and govemment contributions costs is $4 million in 1990. The Reagan budget also proposes a decrease in funding for subsidized hous- ing to below 1988 funding levels. To replace expiring rental assistance con- tracts, the budget proposes only $667 million to preserve such affordable housing units. That amount will not begin to meet the pressing problems of maintaining low- or moderate-income rental property. Funding for Community Development Block Grants (CDBG) would remain at the 1988 level for the current budget only as the result of the loss of appro- priations for the Urban Development Action Grant (UOAG) program for 1989. The Reagan budget would have also maintained no funding for UOAG and proposed cutbacks for CDBG of $300 million below current funding levels. The budget would discontinue Section 312 Rehabilitation Loan appropriations ($86 million) which would fund CDBG programs for 1990. For aid to homeless families and indi- viduals, the Reagan budget proposals would increase funding for Section 8 Moderate rehabilitation/single room occupancy units from $45 million in FY'89 to $73 million forFY'90. Butthe budget would also terminate federal funding for the Emergency Shelter Pro- gram and Supplemental Assistancc for Facilities to Assist the Homcless. Transitional housing needs would also suffer from proposed reductions of $37 million (a decrease from $108 million this year to $71 million for FY'90). President Reagan recommendcd trans- ferring the Emergency Food and Shellcr Program from the Federal Emergency Management Agency (FEMA) to thc Department of Housing and Urban Development. Overall, the Reagan budget proposals for homeless assistance wonld reduce federal funding by 50 percent belowthc levels Congress authorized for FY'90 ($682 million). Funding for other federal housing, and conununity and economic developmcnt programs would see reductions or ten11i- nation under the Reagan proposaL Slated for decreases are Economic Devclop- ment Administration grants, Section 8 Existing and Moderate Rehabilitation grants, Section 235 homeownership assistance, Section 236 rental housing assistance, Section 202 eldcrly and handi- capped programs, and 312 rehabilitation loan programs. AU February 10, 1989 P' I....:. -- League of Minnesota Cities 183 University Avenue East St. Paul, MN 55101-2526 Phone: 612-227-5600 FAX: 612-221-0986 The League or Minnesota Cities publishes lbe Legislative Bulletin weekly during lbe Legislative session. Subscriptions: members- $20; non-members,$35. Contact: Rose Minke, League or Minnesota Cities. Donald Slater Executive Director Deb Nybe'll Assistant Editor Jean Mehle Goad Editor League of Minnesota Cities Legislative Staff Joel Jamnik Environment, personnel, public safety, general govern- ment Laurie Hacking LGA, taxes, finance Stanley Peskar Pensions, personnel, public safety Donald Slater Development tools Ann Higgins Federal legislation, elections, ethics Sarah Hackett Legislative analyst Barry Ryan Tax policy analyst . Chuck Bichler Legislative assistant As.'iOCiation of Metropolitan Municipalities Legislative Staff Vern Peterson Executive Director Roger Peterson Director of Legislative Affairs l'r~Uf- .... fiRST nASS II S POST AGI ~ PAID 0 SI P,Hl!, MN PI:RMIl NO. 122:\ James E. Schrantz Admr. 1685 Crosstown Blvd. N.W. Andover, MN 55304 Where to get legislative information at the Capitol* Copies of bills . House Chief Clerk's Office - 296-2314, Rm. 211, Slate Capllol Secretary of Senate's Office - 296-2343, Rm. 231, State Capitol """- Bill status, authors, companion, committee referral (by bill number, author, or topic) House Index - 296-6646, Rm. 211, State Capitol Senate Index - 296-2887, Rm. 231 Slate Capitol Weekly committee schedules, bill introductions, and summaries of committee and floor action Honse Information Office - 296-2146, 175 State Office Building Senate Information Office - 296-0504, Rm. 231, State Capitol Recording of the following day's committee schedule and agenda, (after 4:30 p.m.) "House Call" (Honse committee schedule) - 296-9283 Senate Hotline (Senate committee schedule) - 296-8088 To reach a member on the House or Senate floor House Sergeant at Arms - 296-4860 Senate Page Desk - 296-4159 To notify the governor's office of your concerns Governor Rudy Perpich - 296-3391, Rm. 130, Stale Capitol *All addresses are St. Paul, MN 55155, all area codes 612 ~"\ o .- CO U N TY OF 10 c,C' *18'; ANOKA ~I .. Office of the County Board of Commissioners COURTHOUSE ANOKA MINNESOTA 55303 612-421-4760 MEMO TO: ~"- January 26, 198 .f~l; f (:,',-g: :i. ,~i \;,:U'-,..;';-'-- t --'"',..-:::,'~-', ~~'.I iik" ~ j,~ 3~;;;;71 .. .....,.~ .~ CITY OF AN ~- Mayors, City Managers and Clerks, School Board Chairs, ctl,d DOVER School Superintendents in Anoka County ~ FROM: Jay Mclinden, County Administrator SUBJECT: Truth in Taxation Under the current "Truth in Taxation" law, passed by the 1988 Legislature, a public hearing is required to adopt a final budget and property tax levy. The law indicates that the School Board and County Board cannot schedule their initial budget hearings on the same days that such a public hearing is scheduled for a city. The County Auditor has until September 15 to notify each taxpayer of his or her proposed property taxes, and on or before September 15 we must all advertise a notice of intent to adopt a budget and property tax levy at a public hearing at least two days and not more than five days after the newspaper notice appears. If we plan on advertising on September 15, 1989, the three days eligible for the public hearing are Monday, Tuesday, and Wednesday, September 18, 19, and 20, 1989. Because of such obvious scheduling difficulties, the County is seeking the cooperation of local municipalities to not schedule their initial public hearings on the budget on the day the County intends to conduct its hearing, which is Wednesday, September 20, 1989. Any regular city council meeting could be held on that Wednesday, but the County is requesting that the municipalities' initial budget hearings be held on a different day so that the County can comply with the law. Better yet, we could all work and plan together to schedule these budget hearings. The County's recommendation is that all school districts hold their initial budget hearing on Monday, all cities on Tuesday, and the County on Wednesday: School Districts Cities County Monday Tuesday Wednesday This would enable taxpayers in each jurisdiction to attend each of their hearings. o If there is no objection to this Mondayrruesday/Wednesday plan, let us assume that this is the way it will work in Anoka County. Regardless, the County is asking you not to schedule your Affirmative Action / Equal Opportunity Employer <,l$.,....l '/ " o o January 26, 1989 Page 2 budget hearing at any time on Wednesday, September 20, 1989, as it is the County's intent under the current law to have its budget hearing that evening. Thanks for your serious consideration of this early planning on this most important subject. 1ar m~~,,4"- John "Jay" Mclinden County Administrator JM:nb cc: Anoka County Commissioners Anoka County Budget Team LAW OFFICES OF /b C_C. 7(z1/~7 o Burke and .Hawkins SUITE 101 299 COON RAPIDS BOULEVARD COON RAPIDS. MINNESOTA 55433 PHONE (612) 784-2998 JOHN M, BURKE WILLIAM G, HAWKINS BARRY M. ROBINSON February 15, 1989 D E-Cl.'1j E- J\~U CITY OF ANDOVER Mr. James E. Schrantz Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 Re: Vapors - High Risk Sexual Conduct Ordinance Dear Jim: As you are aware Mr. Batson has requested a public hearing concern1ng the allegations that the City has made that he is operating a hazardous site know as The Vapors. Under our ordinance he has a right to a hearing on this matter which is to be conducted by the Andover Public Health Board or its designee. Since the operations of the sauna are known to the council- members and their opinions are fairly clear concerning the nature of this operation, I believe that in order to avoid a later challenge by Mr. Batson that the public hearing was not fair that it would be best if the City retained a judge from the Minnesota State Hearing Examiner's office to conduct the hearing. The Hearing Examiner will hear both sides of the issue and make findings of f act and a recommendation to the Andove r Health Board concerning what action he feels is appropriate under the ordinance. The Hearing Examiner's office charges for services at the rate of $74.00 per hour. This includes the time to conduct the hearing as well as the drafting of the report. Would you please place this on the City Council agenda so I may discuss this with the City Council and seek their approval. illiam G. Hawkins WGH:mk o Ene. o o **************************************************************** ~.************************************************************~* . ** .. ** .. ** .. ** .. ** ~ ~ :: --WHAT'S_____HAePENING?__ :: ~ ~ .. ** .. ** .. ** .. ** ~ ~ .. - Jim Lund's Plat, 167th west of Verdin. ** ~ ~ ~ ~ =: It seems that in areas that needed peat removal :: .. and fill haul that this was not done correctly; ** :: that Lot 2, Block 1, 4th Addition had sand hauled :: :: in over peat. Borings show from 8' - 15' peat :: .. under 5' - 6' of sand. This is in the buildable ** :: area. We are monitoring this. :: .. ** ~ ~ .. ** :: - The Lower Rum River Water Management Organization :: .. elected officers for 1989. They are as follows: ** ~ ~ ~ ~ .. Chair Jim Schrantz; Andover ** :: Vice Chair Pete Raatikka; Ramsey :: .. Secretary John Weaver; Anoka ** .. ** .. Treasurer Tom Mathisen; Coon Rapids ** .. ** .. ** .. ** :: - Attached is a letter from David Almgren to :: :: William Batson regarding The Vapors Steam Bath. :: .. It states that a determination was made that Mr. ** :: Batson is operating a hazardous site. It also :: .. notified Mr. Batson that he has 10 days to ** =: request a hearing. :: .. ** =: Also attached is letter from Mr. Batson's :: == attorney, Gabriel D. Giancola, requesting a :: .. hearing. ** ~ ~ .. ** .. ** =: - The 1990 Budget process will start with staff :: .. 5/15/89; ** .. ** .. ** == To City Council 6/20/89. :: ~ ~ ~ ~ .. Council approval 7/18 or 7/25. ** .. ** .. ** .. TO Anoka County by 8/1/89. ** .. ** ~ ~ .. ** .. - The C't Off' 1 d d b 20 ** .. 1 Y lces are c ose Mon ay, Fe ruary ** .. for Presidents Day. ** .. ** .. ** .. ** ~. ~ ..************************************************************** ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ o o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 February 1, 1989 Mr. William Batson The vapors Steam Bath 1860 Bunker Lake Boulevard Andover, MN 55304 Dear Mr. Batson: You are hereby advised that a determination has been made that you are operating a hazardous site as defined in the Andover City Ordinance entitled "AN ORDINANCE RELATING T()CONTAGIOUS DISEASES AND HIGH-RISK SEXUAL CONDUCT". The City of Andover has determined that the operation of The Vapors Steam Bath building at 1860 Bunker Lake Boulevard within the City of Andover, Anoka County, Minnesota is a public health hazard and public health nuisance. The basis for the determination that you are operating a hazardous site which constitutes a public health hazard and nuisance is as follows: 1) That the building located at 1860 Bunker Lake Boulevard, Andover, Minnesota known as "The vapors Steam Bath" as constructed therein booths, stalls or partitioned portions of a room or individual room which are ,specifically offered to persons for a fee and are so constructed, used, designed or operated for the purpose .of engaging in or permitting persons to engage in, sexual activities which include high-risk sexual conduct consisting of (a) fellatio, and (b) anal intercourse. That such booths have been observed by investigators of the Anoka County Sheriff's Department on several occasions in August, September and December of 1988. 2) That investigators of the Anoka County Sheriff's Department have deter- mined through their investigation that acts constituting "high-risk" sexual conduct including fellatio and anal intercourse have taken place on the premises during the months of August, September and December 1988. You are hereby notified that you have ten (10) days to request a hearing before the Andover Board of Health to challenge the findings of the Health 'Officer. If a hearing is requested it should be held before the Board of Health or the Board of Health's appointee at a date not more than thirty (30) days after your demand for hearing. Demand for hearing should be submitted to David Almgren, Health Officer, City of Andover, 1685 Crosstown Boulevard, Andover, Minnesota 55304 by personal service or certified.mail. Should you fail to request a hearing or if the determination of the Health Officer is upheld following a hearing, orders shall be issued to you to take corrective measures to prevent high-risk sexual conduct from taking place within your premises. "g~~i? ~~~:~: 02 // /c?J , 1989 Dated: DA/jp ._._,,--'~- o o BARNA, GUZY, MERRll..L, HYNES & GIANCOLA, LTD. ATTORNEYS AT LAW February 7, 1989 City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 Attention: David Almgren Health Officer 3989 Central Avenue N.E., Suite 600 Minneapolis, Minnesota 55421-3985 Phone (612) 788-1644 Telecopier (612) 788-3305 701 Fourth Avenue South, Suite 500 Minneapolis, Minnesota 55415-1631 Re: William Batson d/b/a The Vapors Steam Bath Dear Mr. Almgren: ROBERT A, GUZY RICHARO A, MERRILL ROBERT C, HYNES GABRIEL D, GIANCOLA PAUL E, GODLEWSKI JAMES W, REUTER JEFFREY $, JOHNSON JON P. ERICKSON DAVID A, COSSI THOMAS L. DONOVAN KENNETH A, AMDAHL RONALD L. GREENLEY SHARON L. HALL MICHAEL F, HURLEY' STEPHEN R, NICOL WILLIAM M, HANSEN JON G, TRANGSRUO" JOAN M, THIEMAN KAREN J, KINGSLEY PATRICK J, FUGINA DANIEL D, STEPHAN'" JENNY L. WALKER JOAN M, QUADE LUKE R. STELLPFLUG STEVEN L. MACKEY OF COUNSEL PETER BARNA LAWRENCE M, NAWROCKI PATENT, COPYRIGHT AND TRADEMARK LAW . Also Ucensed in Nebraska .. Also Ucensed In Colorado and North Dakota ... Also Ucensed In North Dakota Your letter dated February 1, 1989, has been referred to me for response by Mr. William Batson. This is to advise you on behalf of Mr. William Batson that a hearing is requested before the Board of Health relative to the allegations contained in your letter. Therefore, please schedule said hearing accordingly. I would like to advise you that I will be out of the State of Minnesota from the 24th day of February, 1989 through and inclqding March 6, 1989. Preferably, if the hearing can be sche4uled on th ay of March, 1989, or immediately theieafter, it would b greatly appreciated. 'i . I I very tT:~la pg cc: James J. Weber, Jr., Esq. Barry Robinson, Esq. William Batson R'.r<; ~ ::t~''; I" UfO. ' c ,1~ V'- r FEB ~9~~ CITY OF ANDOVER Building Department '" LAW OFFICES OF 10 C.C. 7/1-1 I~~ ,,/ o lJurl<.e and ..Hawl<.ins SUITE 101 299 COON RAPIDS BOULEVARD COON RAPIDS, MINNESOTA 55433 PHONE(612)7~299B JOHN M, BURKE WILLIAM G, HAWKINS BARRY M, ROBINSON Mr. James Schrantz Andover City Hall 1685 Crosstown,Blvd. Andover, MN 55304 -lJEc-t:~ .'~ ,{:" n~J CITY 0 - F ANDOVER February 14, 1989 Re: Sonsteby vs. City of Andover File No. C3-87-10654 Dear Mr. Schrantz: Enclosed please find a paper showing that Rosella Sonsteby is appealing her case against the City of Andover. Sincerely, (", \. \/1, () , '~~ ;6dim M. Burke , ! , ' . I \J.6m: bt Enc. o o o ,. / ~ POD .110A - CERTIFICATE AS '1'0 'l'IlANSCRIPT (to be filed with tbe 10 Clays from the STATE OF M~ESOTAI COUNTY OF n 0'( ov clerk of the appellate cpurta within Clate the transcript vas orClered) x DISTRIC'l' COURT COUNTY COURT cJ Ii./ P>PA-L-/ --,lO-thJODICIAL DISTRIC'l' CASE TITLE: PLAINTIFF, R~~ vs. ~ Defendant. ~ 1 :. ~-3-?1- lObS Y CERTIFI CATE AS '1'0 TRANS CR I PT Supreme Court L--- Court of Appeals APPELLATE COURT CAS E NUMB ER: RIAL COURT CASE NUMBER: To: Clerk of the Appellate Courts 230 State Capitol, St. Paul, ~ 55) 5 A transcript of the proceed ngs In ti above-entitled action was requested by counsel for the defeft4ant on7-~1-~in accordance with Rule 110.01, aubdivision 2 of e u es of Civil ADoellate Procedure. !he estiaated number of pages is 275 and the estimated date of completion 115 3-18-89 a elate no~ ~o exceed 60 days frOll the date of request. Satisfactory financial arrangements have been made between counsel and the court reporter for ~ transcription. DATED: /f~ I ~ /',~:> S-IO.J SIGNATURE OF A'l"fOlmEY flv~- :sf SIGNATURE OF COURT REPORTER ADDRESS AND TELEPHONE WImER DATED: 1989 cc: Trial Court of Record All Counsel of RecorCl Margaret K. Je11inger Anoka County Courthouse 325 E. Main Anoka, MN 55303 612-422-7416 ;:./rj::',:::,f!: ',':c':',,'<'~ >'_IO",,:~, OFFICERS ROBERT J. McFARLIN President St. Louis Park RAY FOSLlD Vice President Shakopee RAY LAPPEGAARD Vice President St. Paul GARY SAUER Vice President Maple Grove PAUL RUUD Secretary Anoka PAUL BAILEY Treasurer Minneapolis BOARD OF DIRECTORS ROY ASPHAUG St. Louis Park JOHN M. BAILEY, JR. Minnetonka PETER M. BECKMAN St. Paul RICHARD P. BRAUN Columbia Heights DONALD K. DEAN St. Paul FRED DERESCHUK Minneapolis JOHN K. DOLAN Dodge Center BOB EGAN Maple Grove WILLIAM ELSHOL TZ, JA. Roseville LITTON E. S. FIELD St. Paul DAN FRENTRE$S Brooklyn Park DAVE GRAVDAHL Breezy Point DOROTHY GROTTE Fairmont DAN GUSTAFSON $t. Paul H. B. (Bud) HAYDEN, JA. Plymouth BOB HILLIKER St. Paul BOB JENSEN Farmington GREG JOHNSON $1. Paul BOB KING Brooklyn Park WILLIAM KONIARSKI Belle Plaine WES LANE Minneapolis RUSS LANGSETH Bloomington JAMES P. LOANEY North Mankato GEORGE W. MATTSON Shafer CHARLES McCROSSAN Maple Grove MICHAEL S. McGRAY Osseo JOE MICHELS Litchfield JOHN MILNE St. Paul ARL YN NELSON Buffalo KENNETH PAULSON S1. Paul JERRY PETERMEIER Grand Rapids PALMER PETERSON Minneapolis E. J. RENIER Eden Prairie WILLIAM A. RICE Milaca DON RICKERS Worthington A, J. (Marty) ROMANO Minneapolis GARY RUDNINGEN Red Lake Falls CBERT J. SCHMITZ lrdan E SILL Savage CHARLESJ.SWANSON Stillwater JANE TSCHIDA St. Louis Park CARL WYCZAWSKI New Ulm E~OTA",~OOR; aOADS;;J Ni"if/(isrrYAVl~~.E., MlNN~APOLlS, MIN~:5~414 " ;'. ~/(612)'379~i22i' ." ., _:\,'\'_~\-) ,'~~>i/'::'-{;:'f;;~")\<':'::;-:':,"- .'" ::::::P:::'?,\;<;<: ~'--,: ",,": " ': - ,:"!:,,,,:," THECITIZENSWOICE FOR GOOD ROADS }~~:; ," :ti'~;ii;>';';:i '{>i;~;:;- ;". . 1 FRED J, CORRIGAN Executive Director February 6, 1989 10 Ce. 2/ zl /g1 ROBERT M, JOHNSON Consultant JERRY ANDERSON Asst. Executive Director Dear City Council Member: RE: Governor's Budget Proposal - MVET transfer for local property tax relief The Governor's recent budget proposal included additional transfer of MVET revenues from the General Fund to trasnportation programs _ an additional 5% in 1989 and 10% in 1990. This repre- sents the first time in Minnesota history that a Governor has recom- mended General Funds be used for transportation and continues the commitment to eventually transferring 100% to transportation. Enclosed is a.copy of the section of the budget relation to transportation funding. I would like to draw your attention to the proposal to use MVET revenues for the purpose of local govern- ment aids, with no restrictions on how these funds would be expended. While the budget shows $22 million for this use, we understand the true number will be closer to $14 million. I urge you to consider these recommendations closely, as the use of MVET funds for any purpose other than transportation would threaten the intent of 1981 legislation identifying MVET revenues for transportation and laid out a schedule to achieve 100% transfer to transportation by 1990. The revenues are critical to local, COUIlty and state transportation systems and any diversion of these revenues for other purposes would seriously jeopardize the maintenance and improvements identified as necessary to keep our communities and state economically competitive. Minnesota Good Roads has consistently taken a strong position supporting a 100% transfer of MVET revenues for transportation fUIlding. We urge you to carefully consider this recommendation and reject the concept of diverting the transfer of MVET funds for any purpose other than transportation. We look forward to working with you during the 1989 legislative session. Yours sincerely, ~~~.~ Fred J. Corrigan, Executive Director enclosure . ~ Ii - / Specific goals of the Governor include: o · an orderly investment program to repair and modernize our aging highway sys- tems, transit systems, andbuiJdings, · the development of creative alternatives, such as light rail, to meet our future transportation needs, · predictable and secure funding sources to meet our longer-term infrastructure needs, and · construction and acquisition of sufficient physical assets to enhance our education- al programs and stimulate economic development. Recommendations . Transportation. The Governor recom- mends that the Legislature increase the transfer of the Motor Vehicle Excise Tax (MVET) from its current 30% level to 35% in 1990 and 45% in 1991. The $49 million generated by the transfer would be dis- tributed as follows: · $23 million to the trunk highway fund · $4 million to increase light rail funding, and · $22 million to local governments to reduce local property taxes for transpor- tation or other local purposes~ Because this MVET transfer will not meet all trunk highway funding needs, the Gover- nor also recommends that the Legislature index the gasoline tax to help insure ade- quate future funding as costs increase. o The Governor recommends that the Legis- lature restructure transportation planning 50 for the Twin Cities metropolitan area. Responsibility for that activity is now dis- persed among a number of state, regional and local agencies. Highway, transit and light rail planning requires a more focused and coordinated effort. The Governor questions the continued need for the Regional Transit Board, and he suggests the Legislature should consider sunsetting the RTB as part of its effort to restructure metro-area transportation planning. Amateur Athletics. The Governor recommends that the 1989 Legislature continue the effort to develop the state's athletic infrastructure. The following projects, all needed to keep the 1990 Olympic Festival and the 1991 Special Olympics events on track, arc recom- mended for authorization by the 1989 Legislature: · $8.5 million to expand the Blaine sports complex, · $300,000 to upgrade track and field facilities at the University of Min- nesota to Olympic standards, · $5.0 million to expand the the Giants Ridge complex, and · $360,000 to establish a kayaking center on the St. Louis River in Carlton County. Other Capital Investments. The Gover- nor recommends that the 1989 session authorize an additional $77 million for the following immediate capital needs: · $25 million for repairs and construc- tion planning needed for the state's Regional Treatment Centers, includ- ing planning for the first phase of state o o CITY of ANDOVER Regular city Council Meeting - February 21, 1989 - Agenda 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Senator Greg Dahl Presentation of Certificates of Appreciation Discussion Items 1. Well, Tower and Water Treatment 2. Creekridge Estates Escrow 3. Amend. uniform Stn>"'t r,i'Jht Pol;C"cY Cont j)'e,ldc,~ Staff, Committee, Commission 4. Award Bid/Fire Dept. Vehicle, Cont. 5. Insurance/Fire Department, Cont. 6. Economic Development Committee Report, Cont. 7. Ordinance 10 Amendment/park Dedication 8. Rename Park,Cont. 9. Approve Animal Control Contract 10. Approve Gambling License/Andover AA 11. Designate Park Development Priority Non-Discussion Items 12. Receive Petition/Water Service/Round Lake Blvd. 13. Extend Plat/Hills of Bunker Lake 14. Final payments/87-9; 88-2; 87-26 15. Approve Professional Services Agreement/TKDA Approval of Claims Adjournment o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE February 21, 1989 AGENDA SECTION NO. Approval of Minutes ORIGINATING DEPARTMENT Administration APPROVED FOR AGENDA ITEM NO. BY: V. Volk The City Council is requested to approve the following minutes: February 1, 1989 Special Meeting February 7, 1989 Regular Meeting COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE February 21, 1989 ORIGINATING DEPARTMENT ITEM NO. Discussion Item 1. well, Tower and Water Treatment Engineering BY: James E. Schrantz The city Council is requested to discuss various options for improving the water system as to quantity and quality of the water. There are not funds available to do all that we would like done. We need to work very hard on getting a grant to correct the water quali ty. Attached are reports form TKDA discussing various options. MOTION BY TO COUNCIL ACTION SECOND BY r.PkDA T.oL TZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 5510'-1893 6121292.4400 FAX 612/292-0083 N:KlRANOUM To: John Davidson Reference: Water QualIty Copies To: Kurt Johnson Considerations Andover. Minnesota Date: Tan KirG.-r.-K. February 13. Fran: 1989 Commission No. 9381 In light of the recent determination that Andover's water supply contains radium In concentrations greater than the standards proposed to be established by the state Health Department, the listing of future water system Improvements recommended in your letter to the City on December 14, 988, should be modified. Radium removal from municipal water supplies Is a technology currently undergoing Intense research and development, since a number of water utilities I n the m I dwest face the same probl em. We have sent our peopl e to Ch icago and to Atlanta in the last few months to obtain as much Information as possible on th e d I red I on w hi ch th I stech nol ogy Is tak I ng. I n general, It appears that radium removal via an enhanced manganese removal process offers the most hope for an economic solution, although radium removals of only 50-65% are being reported. With the relatively low radium concentrations In Andover's Wel I No. 3 (compared with Well Nos. 1 and 2), th Is I evel of removal woul d enabl e the City to achieve the state's standards. Currently, a more sophisticated, selective-Ion exchange process would appear to be ra:julred to bring Well Nos. 1 and 2 Into compliance. Since further advances In radium removal technology are anticipated, It appears that Andover shoul d address the radl urn prob I em at Wel I No. 3 first, using the manganese removal method, thus providing the City with a safe, hlgh- yield water source as a primary water supply and as the means of dil utlng the water from the other two well s; dol ng noth Ing at Well Nos. 1 and 2 for the t I me be I ng. Concurrently, It Is suggested that a test well be drilled at the site of a ./ future WEll I No.4 to determine If water with a relatively low radium concentration, similar to that of Wel I No.3, can be found to supplement Wel I No.3 and diminish the need ,to use Wel I Nos. 1 and 2 extensively. o o. o Memorandum February 13,1988 By test drilling In the City Hall area, It may be possible to draw water more like that of Well No.3. If low-radium water cannot be located at al ternate sites, the City would be wel I served to al low as much time as possible for the development of an Inexpensive, high concentration radium removal treatment method. The City is also in need of additional storage facil ities; the second elevated storage tank should be pursued soon, in order to place It In operation before the existing tank Is totally inadequate from a capacity standpoint. With the construction of the second elevated tank must also come the connecting watermains and pressure control, valve installation. The attached tabulation indicates the apparent priority of the needed facilities, and their effect on operation and maintenance costs. Of note is the incl usion in the Wel I No.3 water treatment facilities' operation and maintenance of the cost to sewer and backwash water due to its low-I evel radl oadi v ity. There is no question that the radium problem will have an adverse effect on the orderly implementation of the City's Comprehensive Water System Plan, since it will require the near-future commitment of resources which woul d otherwise have been available for system expansion. However, it is our intent to continue to monitor the leading edge of technology to utilize the most economical, effective methods available to solve the radium problem. 0' o PR lOR ITY LIST ING ANOOVER WATER SYSTEM IMffiOVEM:NTS * Including engineering. ** Not including radonucl Ide training. ***less the cost of operatl ng Well Nos. 1 & 2. ..i... ,...1----1\, - \.,'; ..I.,1,---\---j,..-1-1-\.,.\.. i J Z. :-3' -l?'7i L L j .JI:I . : . ~ . : ! I I ! I I ... . t. .__.1.. _.J.. I I i I ! ,.) .17' f/, I ..,--, .I' : ^'/ i '!'_-_.-"._i.",."..-r:?'~ ,.,F-.""..U,,...,-,:,..,,-...-.' .,I.~_.?- (1< .., :er,~..~~SV<-..l" ~.. -:- :' . ',' : I i, I I I , I I . r I .,.-'''1----,.~--:'lA~k~~ I '-I'3t... 3' lit I , L. 70 t.. "3 II t: ( '7 / I ~ 2-~ I,~!.O,? o I I I "r --1---, - , j' i l ~ .1 ''''.'.r.'.'.'.. 1 i ! i - i--- i ---z..-z..:.8," ; __, Ep-.:. -: __/~~b_ ,Cif.:. '3 __ 4, 7 :i. I. ? ~DA T.OL TZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101.1893 612/292-4400 FAX 612/292-0083 December 14, 1988 Honorable Mayor and City Council Andover, Minnesota Re:, Water System Analysis Andover, Minnesota Commission No. 9381 Dear Mayor and Council: We have rEN iewed the area and connecti on charge assessments for the Urban Service District and projected trunk source and storage costs. This report was prepared in accordance with City Council direction December 6, 1988. The total estimated cost does include Tank No.2 and Pumphouse and Wel I No. 4. It does not include trunk oversizing within plats or treatment facil ities, which are estimated at $486,400 per wel I Instal led. The estimated construction cost, engineering and City cost is $4,421,100. The assessed area, connection and I ateral charges through 1988 construction will equal $4,094,588. The rENenue produced from user charges should also establ ish a capital cash reserve for emergency and operati on and mal ntenance costs. We have rev iewed th i s with the Ci ty staff, CI ty Attorney and the Accountant as directed. A rENiew with the City Council l.s scheduled for December 27, 1988. S i ncerel y yours, ~~ ~Ohn L. Davld""n, P.E. . JLD:adh Enclosures o O' o ESTIW\TED CAPITAL mST ANDOVER TRUlIK SOURCE AND STORffiE Construct ion Engineering Total Well No. 1 $ 72,344 $ 10,577 $ 82,921 Pumphouse No. $ 154,921 $ 22,649 $ 177,570 Well No. 2 $ 117 ,024 $ 1 4,693 $ 131,717 Pumphouse No. 2 $ 93,321 $ 29,638 $ 122,959 Tank No. 1 $ 482,088 $ 39,857 $ 521 ,945 Control s $ 32,345 $ 10,832 $ 43 ,1 77 Trunk Watermaln 85-8 $ 409,018 $ 67 ,51 3 $ 476,531 Well No. 3 $ 109,217 $ 9,562 $ 118,779 Pumphouse No. 3 $ 145,391 $ 31,000 $ 176,391 Trunk Watermal n 87-3A $ 21 4,51 9 $ 22,846 $ 2:;;-1,365 Trunk Watermal n 87-38 $ 130.090 $ 13.855 $ 143.945 Subtotal $1,960,278 $273,022 $2,233,300 Trunk Watermaln 87-11 $ 233.700 $ 35.000 $ 268.700 Total (Prev lous Projects) $2,193,978 $308,022 $2,502,000 ESTIW\TED CITY mST (+10%) $2,752,200 Tank No. 2* $ 823,000 $ 82 ,3 00 $ 905,300 Well No. 4* $ 136,000 $ 23 ,1 00 $ 1 59,1 00 pumphouse No. 4* $ 150,400 $ 25,600 $ 176,000 Trunk Watermaln 88-35* $ 240 .685 $ 36.1 00 $ 276.785 Total (Proposed Projects) $1,350,085 $167 ,1 00 $1 ,517,1 85 ESTIW\TED CITY mST (+10%) $1,668,900 Total Watermaln Trunk Source and Storage $3,544,063 $475,122 $4,019,185 ESTIW\TED CITY mST (+10%) $4,421,100 Water Treatment per Wel 1* $ 380,000 $ 57,000 $ 437,000 ESTIW\TED CITY mST (+10%) $ 480,700 * Estl mated Costs " ',"" i i / :,~"r~1I -~ i~f- \~)!T 1111 !~~ ,l, ~~-l~----:: ~ '-~~~f~---' T;r-f~ --N-- (~~ :--" -- I h . 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" .. ,< /' ,..~__r"-". _i--"::::-~l 'r.=:1 "" .! . ~"vt.." ~:.~-t;-=;:;~i ~..... "'j ~ ~ ~ i' -"T',"'" " D._..::::;,.1!;J '\ ' " I .~ -:>\ \, , '\ ,~~,~'" "..! ....:... ~. . . .:' ': ~ i' .!. J .~. '\ .. ....- -" r...-...... ..... -.- ......., .~"\-.: '\ '-" ~-.:~\.:"L. __.._._ / .. 'l.:' . // .: -\ ..~. ~,:/"2~~ /\/ ./.., .......... ,'- '- fir: \. \ ........-..... , ) : -.J ....~ :;...-.~.- :~:: i ,.,\,....~ ..'~..~._..:.. " r / / ",-"" 0::: W > o o Z <t z ~<i <t::;: ::;:c: c:W ~!;i ~3= ~W<:>Z...J\ i ~ i=~ !QO xc: w a., r~~}:.:.: %~..~ ~ ....> . ..e'5 ';:: .'gi~';'~'~~'_.::~:wI~'" .. .. .'. '.~S:':;:;":::.: ~~:::~.;:~;::.~':.;:~~'-:S'::;;:.~'~:;~"'" ... : ! ,--,\ ------r- - - - - o ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE January 17, 1989 ITEM NO. Staff, Comm., Commissio Refund Escrow/Creek= ridge Estates ORIGINATING DEPARTMENT Administration APPROVED FO AGEND AGENDA SECTION NO. 6.c BY: Vicki Volk BY: The City Council is requested to authorize the City Treasurer to pay the remaining assessments in Creekridge Estates with the developer's escrow and refund the remaining balance to the developer. There ar~ 8 lots remaining unpaid for a total of $51,702.32. The amount of the escrow is $58,909.53. Attached is a letter from the developer. Note: This is the development with all of the backyard problems. February 21, 1989 At the January 17, 1989 meeting, a motion was made to hold the escrow; however, it is the opinion of the City Attorney (see attached letter) that we can do so. Therefore' Council . ' 1S requested to refund the remaining escrow after paying off the assessments on the remaining lots. COUNCIL ACTION MOTION BY TO SECOND BY o o ./1 v t, ~> c. ''-;1.)(1 D LAW OffiCES OF \(., t Iv"t6 J/A'] ,,) IJurke aNd JlawkiN$ SUITE 101 299 COON RAPIDS BOULEVARD COON RAPIDS, MINNESOTA 55433 PHONE (612) 784-2998 JOHN M, 8URKE WILLIAM G, HAWKINS 8ARRY M, ROBINSON January 30, 1989 ~~", ' r: r r;;;" " ',,;, ~.~' '.; '~. I~ . b "J L"!~ t~ L~~! i' 1-"--_.._'-",...,"--"....1'.1 f.l ~ .~ p .. J/'~I'" 1989 '. 'J tJ'. ~,\:Jl ft~l " '12m'; ~~.._----,,-.'_: I CITY OF ANDOVER Mr. James E. Schrantz Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 Re: Creek Ridge Estates Dear Jim: I am writing in respons~ to the question that arose at the City Council meeting concern1ng whether or not the City would have the ability to draw on the secur ity posted by Creek Ridge under its development contract. I have reviewed the development con- tract and specifically have looked at Section 4 which deals with the developer's obligation to construct improvements. The pro- vision requires posting security for developer improvements was eliminated since I assume at the time of the signing of the development contract all of the improvements had been installed. The agreement further provides that upon satisfactory completion of the developer's improvements the security deposit shall be returned to the developer without interest. Section 3(B) of the agreement deals with security for the pay- ment of special assessments. It is my understanding that the remaining security we have is for the payment of special assess- ments and my review of the agreement indicates that the City does not have the ability to draw on this Letter of Credit since it was not posted for developer improvements. Furthermore the Ci ty had accepted those improvements and it would be improper for us to attempt to draw on that Letter at this time. ~. William G. Hawkins WGH:mk o IJICIiAIJ[) S. CAIJLSUN 7671 Old Central Avenue Fridley, Minnesota 55432 (612) 786-1218 - (612) 574-0544 '-- . December 19, 1988 city of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Attn: Victoria Volk Re: CREEKRIDGE ESTATES Dear Ms. Volk, We are asking at this time that you draw on Account No. 800-405-7 at Crosstown State Bank the funds required to payoff the unpaid balance of assessments due the City of Andover on the following lots; Total Due Amount Due $ 6,462.79 6,462.79 6,462.79 6,462.79 6,462.79 6,462.79 6,462.79 6,462.79 $51,702.32 Lot Block 8 1 9 1 10 1 21 1 4 2 5 2 6 2 7 3 be made payable to Carlson, RSC; lh cc: Jim Lindberg, Crosstown State Bank o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE February 21, 1989 AGENDA SECTION NO, Staff, Committee, ORIGINATING DEPARTMENT APPROVED FOR AGE Fire Department ITEMAward Bid/Fire Dept. NO, Vehicle 4 BY: V. Volk This item was continued from the February 7th meeting. Information is in that packet. COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE February 21. 1989 AGENDA SECTION NO. Staff, Committee, ORIGINATING DEPARTMENT APPROVED FOR AGENDA 5 BY: V. Volk ITEM Insurance/Fire Dept. NO, This item was continued from the February 7th meeting. Information is in that packet. COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION February 21, 1989 DATE ORIGINATING DEPARTMENT Planning ~ ,,1' Jay Blak~ Planner BY: FOR AGENDA SECTION NO. Staff, Committee Commission ITEM AEDC Report No.6. The Andover Economic Development Committee (AEDC) has met twice since January 1, 1989. The Committee has decided to take an active role in assisting the City with the sale and promotion of the Andover Commercial Park. The AEDC has reviewed the overall marketing campaign for the Commercial park and feels that two immediate steps are necessary in selling the remaining lots. 1. The City should develop a fact brochure for the Commercial Park based partly on the design used for the Coon Rapids Industrial Park (see enclosed example). Blaine printing has agreed to assist us in setting up the format and with the printing. There would be some printing costs for the brochure. The Tax Increment Financing Plan for this District included money for marketing the Commercial Park. 2. The Committee recommended that the City host an evening meeting to promote the Commercial Park at an area restaurant. Prospective businesses would be invited to participate and hear a presentation from the City regarding the benefits of locating within the City of Andover. Again, there would be some marketing costs involved in hosting a meeting of this nature. The AEDC will be meeting on March 9, 1989 to review the format and contents of the fact brochure for the Andover Commercial Park. COUNCIL ACTION MOTION BY TO SECOND BY INDUSTRIAL OPPORTUNITIES IN COON RAPIDS, MINNESOTA A PROFILE OF THE COON RAPIDS INDUSTRIAL PARK ~ BOuLEVARQ ...~ " Zj * COON RAPIDS * '" ~ -~ AVE. N.W. ~~ '''.n tet.n ZllO.OO no,OQ -. ~v.c ("'t"~ ? <"0 o * SOLD . ~ . '" . ... i5 z 8 i 51 Ii! ~ " ~ ~ ::; ~ iil FACTS ABOUT COON RAPIDS INDUSTRIAL PARK Ownership, Location, and Zoning OThe Industrial Park is owned by the City of Coon Rapids--a City dedicated to long-term economic growth in the community by attracting new industries and encouraging existing ones to expand within the City, The Park contains 80 acres of industrially zoned land that is centrally located in the City. Adjacent to U.S, Highway 10, the Park is approximately 2'h miles from North Crosstown 610 which connects directly with other interstate, federal, and state highways throughout the Twin City Metro area, Internal streets in the Industrial Park are blacktopped, Hon roadways designed for heavy use. Utility services in Coon Rapids Industrial Park include water lines, electricity, natural gas, sanitary sewer, and storm sewer. Water and sewer services are stubbed into each lot. Burlington Northern Railroad maintains rail service to the City and Park, Small jet and charter service are available at nearby Anoka County Airport with commercial service available at the Minneapolis-St. Paul International Airport. The Metropolitan Transit Commis- sion (MTC) also provides daily bus service to the Coon Rapids area. A topographic map, aerial photo, and soil borings of the Park are available for review and inspection. UTILITIES WATER EZf Wells DRiver o Lake Municipal Storage Capacity: 12,500,000 gallons Pressure (pounds) Static: 60 psi Residual: 20 psi Pumping Capacity: 12,000 gallons per minute Hardness: 14-16 grains Peak Demand: 16,000,000 gallons per day Average Demand: 4,000,000 gallons per day EZf Municipal o Private Distance to nearest water line: on site Size of nearest water line: 8 and1 0 inches ELECTRICITY Service By: Anoka Electric Cooperative 612/421-3761 NATURAL GAS Distance to Gas Line: on-site Size of Line: 4 and 8 inches Pressure: 50 psi Service By: North Central Public Service Company 612/755-3800 SANITARY SEWER [;if Municipal Distance to nearest sewer line: on site o Private Size of line: 8 inches Sewage Treatment Plant Capacity: Unlimited; part of the Metropolitan Waste Control Commission Peak Demand: 7,000,000 gallons per day 3,500,000 gallons per day oerage Demand: STORM SEWER E2l' Municipal o Private Size of Line: Varies, 12-30 inches Open Surface Draininage: 1St Yes o No TRANSPORTATION HIGHWAY Roads Adjacent to Site U.S. Highway 10 Northdale Boulevard Xeon Street N.W. Swface Load Limits Asphalt 9-ton axle Asphalt 9-ton axle Asphalt 9-ton axle Swface of Roads on Site: Asphalt Distance to Interstate: 10 minutes to 1-694 Public Transportation Available: gYes ONo RAILROAD N arne of Railroad Serving Community: Burlington Northem Inc. Siding Installed at Site: 0 Yes GtNo Distance to Nearest Siding or Line: Adjacent to site AIRPORT Distance to Airport: 5 minutes to Anoka County Airport Fuel Available: g'Yes 0 No Length of Runway and Surface: 4,900 feet paved Navigation Aids: REILS, Control tower service on weekends Commercial Service By: Charter only at Anoka; Commercial carriers and service available at Minneapolis St. Paullntemational Airport DISTANCES FROM: Minneapolis-St Paul. . . Duluth. . . . . . . . . . . . . Moorhead. . .. . . . . . . . Rochester. . . . . . . . . . . Mankato . .. .. .. .. .. 25 Minutes 150 Miles 230 Miles 95 Miles 80 Miles Chicago............ 400 Miles Kansas City. . . . . . . . .. 450 Miles Sioux Falls . . . . . . . . .. 240 Miles Denver . .. .. .. .. .... 850 Miles Winnipeg. . . . . . . . . . . 425 Miles FOR MORE INFORMATION: O Sites are available for inspection and sale with inquiries held in strictest confidence. For more information on the Coon Rapids Industrial Park contact Leonard Kne or William Rubin City of Coon Rapids 1313 Coon Rapids Boulevard Coon Rapids, Minnesota 55433 612/780-6461 \ B "-'- o G EI \ o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE February 21, 1989 AGENDA SECTION NO. Staff, Committee, Commission ITEM 7 . NO. Ordinance 10 Amendment Park Dedication ORIGINATING DEPARTMENT Engineering .-(1" BY: Todd J. Haas The City Council is requested to review and approve th amendment to Ordinance 10 Section 9.07 in regard to park dedication requirements. Attached is a presentation the Park and Recreation Commission and city staff have prepared. COUNCIL ACTION MOTION BY TO SECOND BY INTRODUCTION o I . The park and Recreation Commission and the city staff have determined that the park dedication fees for the City of Andover were low in comparison to other communities that are similar in size and location. The reason for the research of the park dedication fees by the Park and Recreation Commission is due to three reasons. 1. A developer has indicated to city staff that the park dedication is low compared to other surrounding developing communities. 2. A quick review by city staff of the park dedication of surrounding communities did indicate higher park dedication fees. 3. It is required per Ordinance 47 Section 1.6. II. Concerns 1. It is difficult to administer current park dedication ordinances because of the following: A. Fair Market Value of the property is unknown at the time of final plat. B. The only known value is the assessed market value as determined by the County which is less than the fair market value. 2. Land purchase in advance of platting process. A. In some cases the developer may have purchased the land several years ago, but the fair market value at that time is lower than the fair market value of today. 3. Under our current ordinance the rural subdivisions are paying a higher park dedication fee than the urban subdivisions based on a per dwelling unit. 4. The current ordinance is felt to be outdated and in need of revision. o o o III. Current Park Dedication 9.07 Parks, Playgrounds, Open Space. (lOA, 9-10-74) 9.07.1 Lands of Public Use or Other Provisions. Pursuant to Minnesota statute, Chapter 462.358, as amended, the City Council of the City of Andover shall require all owners or developers, as a prerequisite to approval of a plat, subdivision or development of land, to convey to the City or dedicate to the public use, for park or playground purposes, a reasonable portion of the area being platted, subdivided or developed as hereinafter specified. Said portion to be approved and acceptable to the City or in lieu thereof, the owners or developers shall, at the option of the City, pay to the City for the use in the acquisition of public parks, open space and playgrounds, development of existing public park and playground sites, and debt retirement in connection with land previously required for public parks and playgrounds, an equivalent amount in cash based upon the undeveloped land value of that portion of said land that would have otherwise been required to be dedicated. The form of contribution (cash or land) shall be decided by the City based upon need and conformance with approved City plans. (100, 8-07-79) 9.07.2 Dedicated Land Requirements. Any land to be dedicated as a requirement of this section shall be reasonably adaptable for use for active park and recreation purposes and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, ,geology, tree cover, access and location. (100, 8-07-79) 9.07.3 Standards for Determination. The Park and Recreation Commission shall recommend to the City Council adoption of the Comprehens~ve Park Developmen~ Plan for determining what portion of each such development should reasonably be required to be so conveyed or dedicated. Such comprehensive Park Development Plan may take into consideration the zoning classification assigned to the land to be developed, the particular proposed use for such land, amenities to be provided and factors of density and site development as proposed by the owners or developers. The Park and Recreation Commission shall further recommend changes and amendments to the Comprehensive Park Development plan to reflect changes in the usage of land which may occur, changes in zoning classifications and concepts and changes in planning and development concepts that relate to the development and usages to which the land may be put. (100, 8-07-79) 9.07.4 Park and Recreation Commission Recommendation. The Park and Recreation Commission shall, in each case, recommend to the City Council the total area and location of such land that the Commission feels should be so conveyed or dedicated within the development for park, playground, open space and public use purposes. (100, 8-07-79) 9.07.5 Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the owners or developers in lieu of a conveyance or dedication of land for park, playground, open space or public use purposes, the Park and Recreation Commission shall recommend to the City Council the amount of cash said Commission feels should be so contributed. Page 15 ,0 Such recommendation shall be based on the undeveloped land that would otherwise dedicated. (100, 8-07-79) market value of the have been conveyed or , 9.07.6 purposes of the final following: Market Value of Lands. "Market Value", for the this ordinance, shall be determined as of the time of plat without improvements in accordance with the a. The Park and Recreation Commission and owners or developers may recommend as to market value. b. The City Council, after reviewing the Park and Recreation Commission's recommendation, may agree with the owner or developer as to the market value. If agreement is not reached in this manner, then the market value shall be determined by an accredited appraiser, agreed upon by the City Council and the owner or developer, at the expense of the owner or developer. Such appraisal shall be accepted by the City Council and the owner or developer as being an accurate appraisal of "market value". (100, 8-07-79) 9.07.7 Density and Open Space Requirements. Land area so conveyed or dedicated for park, open space and playground purposes may not be used by an owner or developer as an allowance for purposes of calculating the density requirements of the development as set out in the City zoning Ordinance. The land shall be in addition to, (except for 9.07.8), and not in lieu of, open space requirements for planned Unit Developments pursuant to the City zoning Ordinance. (100, 8-07-79) 9.07.8 Credit for Private Open Space. Where private open space for park and recreation purposes is provided in a proposed non-residential development and such space is to be privately owned and maintained by the owner of that non-residential development, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest to do so and that the following standards are met: That yards, court areas, setbacks and open space to be maintained by City Ordinances shall not be in the computation of such private open space; b. That the private ownership and maintenance of the open space is adequately provided for by written agreement; required included a. c. That the private open space is restricted for park and recreation purpose by recorded covenants which run with the land in favor of the owners of the property within the non-residential development and which cannot be eliminated without the consent of the City Council; o d. That the proposed private adaptable for use for park open space is and recreational reasonably purposes, Page 16 o o taking into consideration topography, geology, access open space; such factors as size, shape, and location of the private e. are of and in the are That facilities proposed for the open .s~ace substantial accordance with the provlslons recreational element of the Comprehensive Plan, approved by the City Council and; f. That where such credit is granted, the amount of credit shall not exceed one hundred (100%) percent for the non- residential development of the amount calculated under Section 9.07.10. (100, 8-07-79) 9.07.9 Park and Recreation Commission Administrative Procedures. The Park and Recreation Commission shall establish such administrative procedures as they may deem necessary and required to implement the provisions of this Ordinance. (100, 8- 07-79) 9.07.10 Dedicated Land, Minimum Area. Developers of land within the City of Andover shall be required to dedicate to the City for park, open space and playground purposes as a minimum that percentage of gross land area as set out below: a. Residential Dwelling Units/Acre (Gross Density) Requirement 0-3 10% Over 3 Add two (2%) percent to dedication requirements for each additional dwelling unit over three (3) units per gross density. . b. Commercial-Industrial (100, 8-07-79) SECTION lO.CONSTRUCTION OF IMPROVEMENTS. 10% 10.01 General Conditions. Upon receipt of preliminary plat approval by the Council and prior to Council approval of the final plat, the subdivider shall make provision, in the manner hereinafter set forth, for the installation, at the sole expense of the subdivider, of such improvements as shall be required by the City, which improvements may include, but are not limited to, streets, sidewalks, public water systems, sanitary sewer systems, surface and storm drainage systems, and public utility services. The installation of said improvements shall be in conformity with approved construction plans and specifications and all applicable standards and ordinances. Page 17 o 8094 same zones, unless the safety of the residents of to exclude or prohibit therwise permitted by a 7; 1973 c 379 s 4; 1973 x1979 c 2 s 42,43; 1981 985 c 62 s 3; 1985 c 194 DIVISION REGULA- blic health, safety, and fe development of land, f housing affordable to adequate provision for playgrounds, and other nce adopt subdivision ures for the review and y contain varied provi- ses or kinds of ~ubdivi- of subdivision. s subdivision regulations its in any direction but ided that where two or four miles apart, each ce from its boundaries irements in the regula- g, and improvement of urbs and gutters, water er utilities; the planning d conservation of flood Iity, and geologic and s be consistent with the ance, and may require plan. The regulations s where prohibition is is section, particularly ibit, restrict or control s to direct sunlight for control surface, above ng subsurface areas for pursuant to sections rohibit the issuance of d subdivision approval ipality to condition its electric, gas, drainage, in lieu thereof, on the vocable letter of credit, assure the municipal- tailed according to the it tMunicipality to aso,-" related to the -1, . , " Jj , ~ 1 ; :t 'i} t 8095 HOUSING, REDEVELOPMENT, PLANNING, ZONING 462.358 provisions of the regulations and to execute development contracts embodying the terms and conditions of approval. The municipality may enforce such agreements and conditions by appropriate legal and equitable remedies. Subd. 2b. Dedication. The regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements. In addition, the regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as parks, play- grounds, trails, or open space; provided that (a) the municipality may choose to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval, (b) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, (c) in establishing the reasonable portion to be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision, and (d) the municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision. Subd. 3. [Repealed, 1980 c 566 s 35) Subd. 3a. Platting. The regulations may require that any subdivision creating parcels, tracts, or lots, shall be platted. The regulations shall require that all subdivi- sions which create five or more lots or parcels which are 2-1/2 acres or less in size shall be platted. The regulations shall not conflict with the provisions of chapter 505 but may address subjects similar and additional to those in that chapter. Subd. 3b. Review procedures. .The regulations shall include provisions regarding the content of applications for proposed subdivisions, the preliminary and final review and approval or disapproval of applications, and the coordination of such reviews with affected political subdivisions and state agencies. The regulations may provide for the consolidation of the preliminary and final review and approval or disapproval of subdivisions. Preliminary or final approval may be granted or denied for parts of subdivision applications. The regulations may delegate the authority to review propos- als to the planning commission, but final approval or disapproval shall be the decision of the governing body of the municipality unless otherwise provided by law or charter. The. regulations shall require that a public hearing shall be held on all subdivision applications prior to preliminary approval, unless otherwise provided by law or charter. The hearing shall be held following publication of notice of the time and place thereof in the official newspaper at least ten days before the day of the hearing. At the hearing, all persons interested shall be given an opportunity to make presentations. A subdivi- sion application shall be preliminarily approved or disapproved within 120 days fOllowing delivery of an application completed in compliance with the municipal ordinance by the applicant to the municipality, unless an extension of the review period has been agreed to by the applicant. When a division or subdivision to which the regulations of the municipality do not apply is presented to the city, the clerk of the municipality shall within ten days certify that the subdivision regulations of the municipality do not apply to the particular division. If the municipality or the responsible agency of the municipality fails to prelimin- arily approve or disapprove an application within the review period, the application shall be deemed preliminarily approved, and upon demand the municipality shall execute a certificate to that effect. Following preliminary approval the applicant may request final approval by the municipality, and upon such request the municipality shall certify final approval within 60 days if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and require- ments upon which the preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. If the municipality fails to certify final approval as so required, and if the applicant has (0 jf o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 47 AN ORDINANCE ESTABLISHING A PARK COWAISSION AND REGULATING CONDUCT IN PUBLIC PARKS; PROVIDING FOR ENFORCEMENT; AND PRESCRIBING PENALTIES FOR THE VIOLATIONS OF ITS PROVISIONS. The City Council of the City of Andover does hereby ordain: SECTION 1. There is hereby created a Park Commission. 1.1 COMPOSITION The Park Commission shall consist of seven (7) members. The members shall be appointed by the City Council by a majority vote. A member may be removed at any time by a majority vote of the City Council. A. Tenns of Office The seven (7) members shall be appointed for three (3) year staggered tenns: Tenns shall expire on January 1. Original and successive appointee$ shall hold their offices until their successors are appointed. Vacancies during a tenn shall be filled by the City 90uncil for the unexpired portion of the tenn. B. Absences Three consecutive unexcused absences of a member from duly called Commission meetings shall constitute automatic resignation from office. Determination that an absence is unexcused shall be in the discretion of the Commission Chairperson. C. Compensation All Commission members shall serve with such compensation as may be set by resolution of the City Council. 1.2 PARK CO~AISSION CHAIRPERSON The City Council shall appoint a Chairperson from among the appointed Commission members who shall serve for a tenn of one (1) year; the Commission may create and fill such other offices as it may deem necessary for its o\~ administration. The Coromission Chairperson shall attend City Council meetings upon the request of the City Council. 1.3 MEETINGS The Park Commission shall hold regular meetings on the first and third Thursdays of each month. The Commission may hold as many additional meetings per month as the City Councilor Park Commission may deem necessary. The Commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions and findings. 1.4 The Commission shall study and advise the City Council concerning City parks and recreation programs. 1.5 The Commission is responsible to the City Council for all property and programs relating to parks and recreation. The Commission shall be responsible for coordinating maintenance, improvements, upkeep and operation of all City parks. 1.6 Fees and deposits shall be reviewed by the Commission on an annual basis and a recommendation made to the City Council. COMMUNITY IV. ANALYSIS OF SURROUNDING COMMUNITIES OF PARK DEDICATION FEES Ondov.... 1r 81alne RESIDENTIAL LandO Dedlcatlon1 jO~ of grQSG J~nd areal 0-3 units/acra 12~ of groBs areal 4 units/ac....e 5 unit5/aCl~e and 90 on or for Iota up to 5 ae."es. C~sh Dedications 10~ of market value COMMERCIAL 10~ of gros. ar~a Qr 10% of market value .. r .39~/.lngl. ~aMl1y unl' 3~ o~ the 'air M~rk.~ .33B/duplex unt' value In land or Money. '293/townhouse unit .e48/multl-~amlly unit $305/mobile hOMe unit Land dedication based on unit dengltYI 0-1 untta/acre 5~ of land 2-3 untts/acre lOt. of land 4-5 unlta/aer& 121. of land 6-7 units/<<ere 14~ of land 8-12 units/acre 16~ or land 13-16 units/acre 1Bt. of land Each unit over 16 unitn/acre is an additional O.5~ Brooklyn Park SO~ ot ~alr markot value 10~ or gross land area . Champlin 10~ of gross area or $1400/,ingle family Acre $aSOO/medium density acre * Coon Rapids Cash. Single family I Duplex Townhouse/Quads Mobile Horne. Multiples $3ett/dw. "'326/dw. $2B6/dw. $291/dw. $23B/ dw. l.lnlt unit unit unit unit 4~ of fair M~rk.t VAlu. 10~ of gross Area or "4Z00/.acre 3~ of fair Mftrket v~lu8 _ not to exceed "IIS2/acre. INDUSTRIAL DATE OF LATEST REVISION 10~ Qf grows arp.a or 1U% of market value 1979 3~ of ~h. t.lr m_rk.t v.ly. tn t.nd or Money.' 1986 4~ of f~jr m~rket value 1973 lO~ or gross area or $4300/..ere 1989 5~ of fAir market value _ not to exceed $1152/acre. 1984 Land-only at City's agreement. 3lC of Jand 5lC of land 0-1 unlts/act'e 5" of land 2-3 units/a".... 10" of land 4-5 unlt!l/a"..e 1211 of land :> 6-7 unlts/.."..e 14" of Jand B-le unlt!l/a"..e 16" of land 13-16 unlt!l/a"..e 1811 of Jand Ea"h addltlonaJ unit per acre .510 of Jand Eagan Eden Prairie Elk River Ham Lake * LAkevlJle o Single Family Duplex T6wnhouse/Qltltd Apartment/Multiple Fees are to be paid of final plat. $525/unlt $4BBIomlt $41-4/unit $427/unlt at the time Single Family $720/untt Multiple Family $7aO/unlt $350/unit or 10~ of gross land area $140 lacre or 10~ of gross 1 and at"ea $~50/unft or land dedication based on density 1010 0 -2.5 un./a". 1110 2.5+ -4.0 un./a". 13~ 4.0+ -6.0 un./ac. 15~ 6.0+ -8.0 un./ac. 17Y. 8.0+ -10.0 un./ac. 17-20~ 10.0+ un./ac. Plus $150/un. fo,' multi- purpose trail symteM. $.05/sq. ft. based on n..t developable land t.2560/l\cre $~500/acre OP 101- of gt"055 ar'ea $.05/sq. ft. based on net developable land 1989 $Z5GO/acre 1989 1989 1989 1988 Maple Gt'ove Oak Grove o Ramsey St. Franeis Woodbury o $51B/unit or 101- of land .area 71- of gross land area. .SO/unit or 10~ 0"the rail'" market value, whichever is greater. 10~ of gro$$ area. lOY. of the fall'" market value Ot' $500 per dwp.lllrlg uYlit ct"eated, whichever is gt'eate.... lOY. of gross land area or ~8Bh in lie~ or land equal to 10~ of the assessed market value or $200 per lot whichever is greater. Singl~ Family 10% of fafr market v.lua/lot - not to exceed S4S0/lot MUltiple family lOr. of fair market value/lot - not to exceed $350/1ot $2850/acre or 7-1ZY. of land area $16SI)/acre (Currently updating park dedication fees) 5~ of gross area. 10~ of fair market value of land - not to exceed $1300 per acre 10~ of fair market value of land'- not to exceed $1200 per acre *'Researched by Westwood Development (others researched by city staff). .------..-.- 1989 1978 1988 1987 o o ~ co co '" ..... ...... co '" ..... ~ .... l- S .... Cl UJ Cl ..: ~ ~ l.l.. C VI .... i :0: " c >. " 0... ... ~c.. ..,,,> "0 uu.., ~ .. 'Oc.:< "0 $. c .. 'OlE: ':<l> $."'0 ....c 0. CD lIlJ' oJ ~~. /I fl.... VI.... U.-1 f1JtG:::JI'tSM tQ:>-c . s: ......IN 0;...... .." ......:( So ..,$. 0 .. .. U:E ;~ VI ,,~ IV 0'0 t; ,xII-lira s. s: :::::Hn ~C -0 . '" ..... c " a 0 .. ~ ......., .co.. u... II $. ~, ~><i 1110\ ...u ..s... oX. "$. $. ..,a... 'Od! I'.l. IV ::;~ ~. ."c !.. I.n:l P.I II inO-l> ..:u' 0: - $. o 2 .. 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Q)": IV IV s- s- '0 Ol '" C s- s- '" ." ." > > \I- W W \I- :> IIlVl~ - '" '0 C "'" :> '" -J 0 s- o ...... co '" ..... VI cv .... '" .... VI w 3: ." ..... ,.. Q) ~ '" -J c c VI ." IV >'0 C '" .g~~ C ." ." '" IV ." s- s- s- ea u u VI IV VI ~ QJ s.. '" .... ." .... "'-'" VI .... C W VI :> W", " c o '.... .... ..... '0 '0 ..: c o ..... .... ..... '0 '0 ..: '0 c '" VI '.r:; Q) .... .... '" '" .... S- VI 0 W C '" >':0: c o VI -'" o '" u 0 '0 '0 c;~ -'" -'" V) VI QJ Q) ~ ." OJ .~ s.. s... rtS.~ U U s-:t: I- 3: S- 0 .,,~ ...0 VI E c i=:i '0 '0 C C '" '" '0 '0 o 0 o 0 :3::3: V) ,:-. ." .... '" .... III W' c o ..... .... '.... '0 '" ..: '0 s- (V') ." -'" '" -J o o VI. Park Dedication Formula as recommended by Westwood Planning and Engineering and utilized by several cities. URBAN $ Dedication/du = Total Actual Purchase Price X 10% Total Acres X 2.314 units/acre RURAL $Dedication/du = Total Actual Purchase Price X 2.5 X 10% Total Acres du dwelling unit o o VII. Analysis of Formula to determine Park Dedication Fees. URBAN $ Dedication/du = Total Actual Purchase Price X 10% Total Acres X 2.314 units/acre = $859,000 X 10% 426.32 acres X 2.314 = $871.26 X 10% du = $87.00/du RURAL $ Dedication/du = Total Actual Purchase Price X 2.5 X 10% Total Acres = $859,500 X 2.5 acres/du X 10% 426.32 acres = $2,016.09 X 2.5 acres/du X 10% acres = $504.00/du * du = dwelling unit o o VIII . Recommended formula to determine park dedication fee. $ Dedication/du = Total actual purchase price X 2.314 X 10% Total acres = $859,500 X 2.314 X 10% 426.32 acres = $466.00/du * du = dwelling unit o o IX. Final Recommendation for Andover's Park Dedication Fees. A. Residential Developments $466/Single Family Unit $398/Two Family Unit (85.5% of $466) $349/Townhouse (75% of $466) $293/Multi-Family Unit (63% of $466) $363/Mobile Home Unit (78% of $466) * ** or equal value in land ** B. Commercial Properties '$1078 per acre Note: This ordinance amendment will only apply to new plats and plats that have not had a final plat approved. o CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA ORDINANCE NO. 10 AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: SECTION 9. SUBDIVISION DESIGN STANDARDS 9.07 Parks, Playgrounds, Open Space. 9.07.5 Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the owners or developers in lieu of a conveyance or dedication of land for park, playground, open space, or public use purposes, the Pa~k and Recreation Commission shall recommend to the City Council ~fte- ame~At-ei-easft-sa~d-eemm~ss~eA-iee;s-sfte~;d-Be~eeAtr~B~ted a park dedication fee as. follows: Residential $466/Single Family unit $398/Two-Family Unit $349/Townhouse Unit $293/Multi-Family Unit. $363/Mobile Home Unit Or ten (10) percent of the fair market value of the land, whichever is greater. Commercial $1,078/Industrial Acre It shall Adopted by the City Council of the City of Andover this day of , 1988. CITY OF ANDOVER o ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Februarv 21. 1989 ORIGINATING DEPARTMENT AGENDA SECTION NO. Staff, Committee Commissi n 8. Rename Park, Continued ITEM NO. Parks -(1" BY: Todd J. Haas The City Council is requested to consider renaming River Forest Park to Strootman Park in memory of Larry Strootman who was a Commissioner of the Park Board. The Park and Recreation Commission will be here to discuss this issue with you. COUNCIL ACTION SECOND BY MOTION BY TO o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Staff, Committee, Comm. DATE ORIGINATING DEPARTMENT Administration Februarv 21. 1989 ITEM Approve Animal Control NO. 9 Contract BY: V. Yolk OR The City Council is requested to approve the Animal Control Contract for 1989. We have been operating without a contract since November 1, 1988; however, Animal Control has continued to service our city. Item 11 of the contract provides that the contract runs until January 31, 1992. I spoke to Sheldon Anderson regarding this and his reason for the length is so that they don't have to send out a new contract each year. If Council does not wish to have it run until 1992, Mr. Anderson would be willing to change it to run until December 31, 1989. All of the other provisions of the contract are the same as last year's. V:Attach. COUNCIL ACTION MOTION BY TO SECOND BY o ~t ::1: ; I o " . ANIMAL CONTROL SERVICE CONTRACT THIS AGREEMENT, made and entered into this 1st day of January 1989, by and between Animal Control and Management, Inc., a Minnesota Corporation hereinafter referred to as "AeM", and the CITY, City of l\ndover a municipal corporation, Anoka county, Minnesota, hereinafterrefferred to as "CITY". WITNESSETH: That ACM, inconsideration of the covenants and agreements of CITY hereinafter contained, hereby covenants with CITY thatACM will provide Animal Control Service to CITY ,pursuant to the jpllowing provisions: ~. ." '1; ThatACMshall pr:ovide pick up service of animal!? in CITY ,in a vehicle appropriate for the transportation of small animals. On-call pick up service shall be provided Monday through Friday, 7:00 a.m., to 7:00 p... Hours ,will , fluctuate for pick up services on Saturday"s, Sunday"s and holiday"s. Emergency services only on New Year"s. Da~,Easter Sunday, Thanksgiving Day and Christmas Day. Standby emergency service shall be prov:ided,at.noextra charge per request of CITY"s law enfordement agency and/or previously specified official of Crry:, Af,ter 10:00 p.m. there will be a 820 charge per pick up. 2. That ACM shall provide limited patrol for the public and private streets of CITY during regular patrol hours for. the pick up of animals found to be in violatiOn of, CITY~g ordinances. 3. ACl'I agrees that patrolling shall be done by competent personne;!.. trained in the handling of animals . AC1'l shall not forcibly take an animal from any person unles~ that, . person"s animal is in violation of CITY ordinance and ACM may request assistance of a regular officer of the CI'rY at 'their discretion. "..,,, ,"''''''''''''' "" ,".. "." 4, That ACM shall equip, service and maintain all vehicles used for Anim~l Control Servic~with two-way radios or other communications equipment. _ 5. Pursuant to Minnesota Statutes, ACM shall impound all animals picked up in CITY at its Animal Shelter located at 1283 Hammond Road, @hite Bear Township, Minnesota. Said animals shall be confined in a humane manner for a period of not less than five (5) business days or until ,claimed by an owner. Animals not claimed ,before the expiraton of five (5) business days shall become the . 1 ,0 property of hCM. If, an animal is not so claiined,hCM may_dispose of said animal 'in a humane manner,puxsuant , ,t.o_l1innesota Statutes. 6~ When an animal is reclaimed by an owner, hCM shal~., retain the first impoundment fee as per local ordinance~ oc$25, whichever is greater. ' ' ~~C That_ACMshall provide euthanasia service to CITY at no Mdditional charge. Said ser~ice shall be administered by qualified personnel and the disposal of ,animal carcasses shall be performed asrequiredcbyM~nnesota ,Statutes, Section 35, at no additional,chargeaslong a~current rendering facility is operational. A charge' t:ocdisposal would be open to negotiation at that"time.. a. Tnat hCl'l,shall assume all liubilityfor all harm to persons, animals, and propertYmdue to_its, negligence' .or~the. negligence of this co~tract, an~ agrees to defend the performance of this contract, and agrees to def~nd any legal actions arising therefrom. hC~ shall hoid ' CITY harmless and provide ~ITY with proof of public liability coverage, in the amount of $200,000 per each claimed and 6600,000 for each occurance~ covering the pe_rformance of this contract. Further , ACM" will furnish the CITY a certificate of irisurance evidencing statutory ~orker-sCompensation coverage for all ACM employees. 9_~___ Tbatdurfng the duration of this contract, AC!.'l_shall not, wi_thin the State of Minnesota, discriminate against any em~loyeeor applicant for employment because of race, color, creed, national origin, or ancestry and"shall include a similar provision in all subcontracts, entered ," into for the performance hereof, this paragraph being,to comply with the provisions of Minnesota Statute Section 181. _~O~ That hCM shall keep accurate and detailed records of the impounding and disposition of all animals picked up in,CITY an.d furnish monthly reports of,CITY as_to the services .performedduring the month. That heM shall provide Uniformed Animal Control Officers and marked vehicles. And CITY, in,con~ideration of said covenants and agreements '",hereinb~fore contained, hereby covenants wi th hCM that CITY will ,Qbtain Animal Control Service from hCM pursuant to the following , ."p_rovisions: ofACM " .' I,LL This Agreement shall cover the period from January 1,1989 UJ January 31, 1992. This agreement shall. be automaticapy "re,newable f rom year to' year on the last business day of. .. ,,- ,~J:anuary un1~ss either party gives notice 90 days prior to 'Otbe expiration date that it intends not to renew this J ..::., ,0 o &greement. On or before July 15th, ACM will submit new Qxpposa1s to CITY for consideration. 1.2. That CITY shall pay tq ACt'l the sum Of S725.00 per month tor '_~nimal Control Service for the period from February 1989 "J;._h.rough January 31, 1992. ..,.l;l,. . That all boarding fees for claimed animals shall be retained ~y_ACM. CI7Y shall pay a boarding fee in the a~6unt of SlO.OO for each unclaimed animal. ...,l!l. . Tb,at ,CITY shall pay a boarding fee in'dthe amount of S'6,OO IH~r day for aLL unclaimed domestic animals q'uarantined at l\.nj,mal Shelter by order of the CITY or local police agency ....,!!Dless. paid by owner. . ~_15. ~hat CITY shall pay a fixed veterinary bill in the amQunt ." ,:,QfLS25.00 per animal. for unclaimed animals requiring medical . '..attention. Owners claiming their animals shall be charged the veterinary bill in its entirety. i' , ...13.6.. Th.e charge, for animals picked up at the request of an. owner Shall be charged to~such owner at the rate of~35.00 per gnimal. For the removal of large livestock, dead, or alive. _DQadditional charge ofS25.00 per hcur will be levied to Ql'I'Y or owner. <Le. caltle, horses,; deer.} " 'H .,lit, Yhat CITY shall make payment to ACM onethe ls~dayofeach Jq.onth prior to service. All other fees and charges will be billed to CI'l'Y at the end of each month. IJL Tn,at CITY shall appoint the Animal Control Officers of ACM . ,. ".iHLCITY Animal Control Ofticerswith powers to enforce CITY ,,',i.Ulimalordinances. . In the event ACM picks up any unlicensed animals which are .ke~t in the CITY,'ACM shallseetha~~rr~ngements aie made to license said animals before being released to ,the owner, Q,C agent of the owner. ACM will establish a program with c" .., ,local ve,terinarians. Shot and license will. be purchased if.om ACM upon animal ~s release. 'License shall be, mailed .out upon receipt of vaccination certificate by veterinarian. .fees will be. forwarded accordingly. Tbat. CITY delegates tb..isauthority to. ACl'l and authorizes the CITY Administrator to. take any steps and do all things necessary or incidental to~the implementation of his provision. ThiB provision ~ay be an option to the above named CITY. o o THIS CONTRACT shall be in full force and in effect from the day of February, 1989'to the 31st day of January 1992, unless earlier cancelled by either party upon ninety (90) days written notice to the other party of the cancellation thereof. ACM AGREES not to raise the monthly service rate by more than 8% annually for cost of living and population increases. , IT IS MUTUALLY AGREED, by and between the parties hereto, that all the covenants and agreements herein contained shall extend. to and be. obligatory upon the successors and assigns of the respective parties. IN TESTIMONY [IIHEREOP, the parties have caused this contract to be signed in their behal~ by the proper offices thereunto duly authorized and their corporate seals to be hereto affixed, the day and year first above written. ANIMAL CONTROL & MANAGEMENT, INC. A Minnesota Corporation ~ Operations DA'l'E ----------------------------- MAYOR ------------------------.--- CITY CLERK o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Staff, Committee, Comm. DATE ORIGINATING DEPARTMENT Administration February 21, 1989 ITEM Approve Gambling License NO. Andover A.A. 10 BY: V. Volk FOR The City Council is requested to approve a gambling license for the Andover Alcoholics Anonymous organization. Council is also requested to waive the 30 day disapproval period as the first date they would like to use this permit is March 10, 1989. Attached are copies of the license form, corporation papers approved by the Secretary of State and the instructions for the application. V:Attachments COUNCIL ACTION MOTION BY TO SECOND BY MINNESOTA DEPARTMENT OF REVENUE GAMING DIVISION Mail station 3315 st. Paul MN 55146-3315 LAWFUL GAMBLING EXEMPTION FOR BOARD USE ONLY INSTRUCTIONS: 1, Submit request for exemption at least ~ days prior to the occasion. 2. When completing form, do not complete shaded areas until after the activity. 3. Give the gold copy to the City or County. Send the remaining copies to the Board. The copies will be returned with an exemption number added to the form. When your activity is concluded; complete the financia.l PLEASE TYPE information sign and date the form and return to the Board within 30 days. , , Organization Name Number of Members license Number (if currently or previously Andover Alcoholics Anonymous 50 licensed) and/or permit number. Not Licensed Address ICily State IZ;P ')')'104 Icounly 3556 181st. Ave. N. W. Andover NN Anoka Chief Executive Officer's Name l~ho6;;m)b.~5.r_7367 Manager's Name Phone Number Patrick Foell Donna Remick ( 6'12) 7')'1-2086 Type of Organization If Other Nonprofit Organization (Check One and attach proof of nonprofit status). o Fraternal o Veterans DIRS Designation o Religion ~ Other Nonprofit Organization 1!9 Incorporate with Secretary of State Attach proof of three years existence o Affiliate of Parent Nonprofit Organization Name of Premises Where Activity Will Occur Dste(s) of Activity, Drawing(s) Andover Alano Society filarc h 1 '1 , 1989 Premises Add~ess ICily I State I Zip I Counly 3556 181st. Ave. N. Iv. Andover .NN 55304 Anoka >>' Expenses Market Value Game Yes No Gross RecelDts Cost of Prizes Profit of Prizes , Bingo x , Raffles ..ii x Paddlewheels x Tipboards x . Pull- Tabs x Use of Profit .Nonies given to General Services, Intergroup Association, AA \furld Services, and thru ou Distributor's license No. gur I affirm all financial information submitted to the Board is true, accurate, and complete. 1<./ ~ ~'7 Date Chief Executive Officer Signature Date ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY I hereby acknowledge receipt of a copy ofthis application. By acknowledging receipt, I admit having been served with notice thatthis application will be reviewed by the charitable Gambling Control Board and will become effective1SO days from the date of receipt (noted below) by the City or County, unless a resolution of the local governing body is passed which specifically disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within'JO days of the below noted date, CITY OR COUNTY TOWNSHIP Name of Local Governing Body (City or County) Township Name (Must be notified when County is the approving body) Signature of Person Receiving Application Onature of Person Receiving Application Title Date Received Title Date Received CG,00020,02 (8/88) White - Board Pink - Organization Canary - Board returns to Organization to complete shaded areas. Gold - City or County .~Jt..;"'..J.'.:,.",'I-'_;;""!._"." o .., ; -1';~;.'lX. .:~ f , , 'l (to o o LAWFUL GAMHLTNG EXEMPTION PERMIT AppU,cation Instruction!; MINNESO'l'J\ m~PJ\H'J'MEN'l' OP m~Vl':NUE/ GAMING DIVISlON ^ lawful fVlmhling exemption l)f'rmit mn)' 1)(' gl-anted to orgnni7.At:lons tlt:1t conduct gnmhUng five or fewer dnys and nwnl-d ll'nn thnn $50,()On :l.n prb:es :In n cnlpndar ypar. The npp1:lcation form 1.s hoth nn application for a permit (nnshnded areas) and a finane-in] repo'"t CRhaded arl~aR). Th/" unHhnded arenH II111Rt he comp'I.~ted fit the t:l.ll1e of appLlcation. The shaded an~ns munt be completed wl,thln thirty dnys of the 1nRt day of gnmhUng act::l,v:lty. The statute provid/"fl II $250 pennlty to he lmpose<l on organlznt:ionH tl111t 1'11:11 to fU" n f:l.nanc:l.al I-pport 1.:II:l.1n thlR thi.l'ty-,<Iny perlod. Once 1111 orgm,.l7.ation :l.s granted a perm:lt, :I.t iH not eligible to ohtnin n gamh1:ing 1 Jcr'UHt' (lurIng the fHltne r:.C11pndar Vf~nr; for pxnlllple, if nil orgnnLznt"ioll ;:;; r.rnt'tec1 q lll!rmlt on Jannnry 1, 19f1fl, :It 1s not e1 '1gJhl/" to ohtnln a /'.111111>.1 ing .1 1.c/"nRe during the.' 19HA. VP:1r. An or~nnJ7.ntlon cnnnot: ehange tt:n ]1.Cl.~nBi.ng or p}:pmptlon St::1tUH dllrillg tllnt tillle. TF 'IOU nrA apply:J.ng for a pcrmi.t, mnke Aure your organizlI(:jon ~d,U 110t "live n"pd for n galllhling 1J.CI~11f"" <lul'l11g the cn1pndar Yl?1l1" in wldeh I.t app1i<'f'. TIlJ.n offlc<> mnRt rec,dve thp appliclJtlon at l'!ast 30 <In'll' lH'fore the event. lnRtructi.onR OT!\lmi.?ation name: Enter the off:lcinl. nallle of tIll! or~~1\I117.ntion ('n1',l1",t'lng !:hf' Ilct.;vlty (c.g, Rt. Mnrk'fl Church, the Klln<llyohl County Brnnc.1t of Ducks (Ird LIlII.!:",I, MinnPllpo li l' LionR Club). Numh~r of E.emhers: 'Enter the numbnr of active memhel~H ;.~l the 0rgnniz.1 t:f lii~ . T f an orp;nni7.at1.on doeR not hnve at least fi,fteen act1vc IlIcmberR, 11 p/".rlld.t ean11nl; I'" issued. l.icense 1!1Imbp.r: If the organi7.l1t 1. on has prev:lollsly ohtl1ine<l n gami> 1. ing 1. ieem,,,, and/or 11 permit f1:om the board, J.j,Bt the number(R) in thi.s Rpacp. If it: hl1R nevI'" nbtlllned II gl1mhl i.np; license or permit: from the bonrd, wri,t:e "Not l,icenAed. l' Tf nn org.1n:l.zation'r, llcenAe iR still in effect, the orf.l'nization cannot be granl:pd 1m eXPl!lpl:i.on perm1.t. An organlzat1.on 1.s eith':E licensed or It iR exempt. Address, city, county, state, and zip code: Entpr themail:l.nf. nddresR of the orp,lIni7.at1.on, Le., street address, city, state, zip code, and the county in which the organization is located. Chief executive officer's name: Enter the name of the person who if; head of thE' orp;anlzat1.on and that person's phone number. Manager's name: Enter the name of the manap;er (person "ho 1.s reRponRi,ble for the conduct of gambling) and that person's phone number. Thi.s may be the sal11e perRon as the ch1.ef executive officer. o Type of organization: Mark the flquarp that descri,bes the type of organization seeking the exernpt1.on permi.t. If you check "Other Nonprof1.t Organization," you must also mark ~ of the other three classeR of nonprofit status, Le., IRS nps:lgnatjon, Incorporated w1.th the Secretary of State, or Affil:l.ate of a Parent Nonprofit Organization, and attach proof of that status. Name of prl~mises where activity will occur: Enter the name of the premises ,,,here the activity v1i.ll occur (e.g., the Holiday Inn in Owatonna, thl? baRem"nt of St. Mary's Church). - 1 - 1.^WF1f1. GMlIII.ING EXEMPTION )'l':!U'IlT ApplIcatIon Instructions o h iN'D () )V ,...(~0;~:vr 0\'(:.\ d':)~~ r"t{ Premises address: Enter till' addn!ss of the prerninr" wh"re th" actlvlty will (1(,cllr. Include the street addn!sR, city, Rtate, :d.p code, and county. Dates of activity: Enter th... dlltes of the gll11lbli,ng actIvity. An npp'llcation mURt he completed for ench occlud.on. An OCCllRioll l~an be either one day of <,ct:ivil')' or two or more con~cutive days of flctlvity. For eXflmp]e, llNmR: .111111" I, 7., llnd :1, 19f1R AllgIIRt: II, 1911fl f,ep ""mber 1 find Reptl'mber 3, 19BB NHHBER OF EXENl'TTON AI'P1.1CA1'lONS Hl':l)\JIlU:D I 1 7. DAYS Ol,' ACTIVITY IISFIl :,\ 1 2 I((I(\P i.11 m.l.nd that llnteA of ncti.vJ ty C<lnllot exceed r"lve cnlendClr ~~~Y8. [\ YP,ll'. Gal'les {yes/no}: If bIngo t~'ll.l he con,llIcted, mark YES; 1.1' 'not, mark NO. If" r:\fl'l,' wi 'II he conduc: ted, mark YES; i I' not, uwrk NO, and f!1I on. A YJ.:S or NO "Ill H t: 1", "." \ 1: "II fl'r ench of the f:lvp ga11leR. (NOTE: Each dny n rnffle draw:lng In held cOll!'!:n nn 0\11, dny of gnmbl:!,ng. [f drawlngR are held on more thnn fIvp dnYf1, 1:1", nct:!.v'l!'.v I'H'f'j' L" ,:ondnct"d ns a l:l.cellfled organ:l.zation and <:nnll('1t he conducted H-I th a p...rmi t.) '<Y ,,1/.0, f~' >jY' ~ .). Use of profit: Explai.n how the p,'ofltn from gamldfng w'l.ll I", 'lHpd. Pror,;",~ from gamJ.J.'l.ng can only he uned for lawful purpORes an defined in r.hapte1' J/I<) of the stnt:ute and dwptel' 7fl60 of thl', rule!,. ,~r,ltic!' cxecut:l,vc officer s:l.gnature: TI,,! eld.er exe,~ut'ive off:lcer must sip,ll and f the II\Hlhadl~d portion to affi.rl~ that uJ 1 1.nl'o1'01at10n submitted to the hoar'd ,:; accurate, find complete. dj"~ t,.. L rup., ':.."';: .ts ~cknow~,edg(~ment o~ ,'lO~ice h~ local governing hody: The completed Lflwful Gamhlinl' \ .~\' ExemptJ.on form mu..t he presented to the d ty (:i I' the p,amhling prf'mines is locnter] <j- 1.;>'-:> imd,de the city limits) or to the county (:if the premines is locflted outsi,le the ci.tv Umi tn) to sign and date. If the gamhli,ng prmnises is located outside the ci t'.' ~~~\llimitR' the townnhip J1ll1st also Rign Rnd date the form. ~O~N\\) 0 rave the gold copy to the d,ty or county that signs and dates the form. Tlwre is no copy for the township. (J I' the totmnhip wj,nhes to keep a copy, a photocopv of the form must be made.) Send the remain:!.ng coples to the hoard. The honrd tvi1.1. t:h~:.'.:. return the pink and yellow copies to the o1'8anl:;.-:atl9n so that it can complete its f1,nl1nc1n1 report (the shaded areas) and I'll!,! it with the board once tlw activ;!:!.Y_J~ completed. The local governing body has 30 days 5.n which to modify or d(my C\ lnwful gctlr-hJ.i.ng exemption permit application. The 30-day period stnrts on the date shown in the city or county sec:tlon of the application. If thel:e are fewer thnn 30 days between this date and the date of activity, a perm:l.t cannot be issued to the oqu'nization unless thp c:ity or county waives the 3D-day disapprovnl period in writing C\l1d provides a copy of the resolution to the boaro prior to the event. * * * * * o F2(l/89) - 2 - o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION February 21, 1989 DATE ORIGINATING DEPARTMENT Planning ~ Jay Blake, Planner BY: ITEM Park Priori ty NO. 11 . AGENDA SECTION NO. Staff, Commi ttee The Andover city Council is requested to review the enclosed resolution declaring Kelsey/Round Lake Park the City's number one park development priority for the coming year. The Andover Park and Recreation Commission is reviewing park grant possibilities for acquisition, development and improvements. The State Outdoor Recreation Park Grant Program, offered by the Minnesota Department of Trade and Economic Development, requires that the grant application be for the City's number one park development priority. The Park Commission has discussed the different development possibilities and has concluded that Kelsey/Round Lake Park is most likely to receive funding through this program. The development would include mostly passive activities such as: hiking, cross-country skiing, nature observation etc. Please review the enclosed resolution. COUNCIL ACTION MOTION BY TO SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DECLARING KELSEY/ROUND LAKE PARK THE NUMBER ONE PARK DEVELOPMENT PRIORITY FOR THE CITY OF ANDOVER IN 1989. WHEREAS, the City Council and residents of the City of Andover believe that the development of an excellent park system, both active and passive, is a high priority for the City, and WHEREAS, the Andover Park and Recreation Commission annually reviews the City's park property for development and improvements, and WHEREAS, the City of Andover plans to develop a major passive park and nature area on Round Lake, and WHEREAS, the Andover Park and Recreation Commission found that the proposed development at Kelsey/Round Lake Park would enhance the overall quality of life within the City. THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby declare the development of a passive park and nature area at Kelsey/Round Lake Park the number one park development priority for 1989 in the City of Andover, Minnesota. Adopted by the City Council of the City of Andover this of , 19 day CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE February 21, 1989 ORIGINATING DEPARTMENT R AGENDA SECTION NO, ITEM NO. Non-Dis 12. Receive Petition/Water Service/Round Lake Blv BY: James E. Schrantz Engineering The City Council is requested to consider the petition for water by Steve Boie, 13752 Round Lake Boulevard. The City Council is also requested to approve the resolution ordering a feasibility report. Steve is building a new house and has requested water for his lot (see highlighted Lot #69). The watermain is just north of the intersection of Bunker Lake Boulevard and Round Lake Boulevard. We have roughly estimated the cost to construct a watermain and sewer to this parcel to be $24,000. Boie's cost should be about $4,000 - the lot to the south should also be assessed about $4,000 - some side lot benefit may be able to be assessed to SuperAmerica. This would be determined in the Feasibility Report. One half of the cost will be borne by the City because of the one side benefit. The staff has suggested that a feasibility report be prepared to construct the watermain to 139th Avenue where water also exists. This will loop the system and also provide water to the other lots. The project can be done in one of three ways: 1. Construct as trunk and only assess the properties that want to hook up now; 2. Try to get a petition from the other property owners; 3. To have the Council on a 4/5 vote order the project and assess all the properties. COUNCIL ACTION MOTION BY TO SECOND BY o Page Two February 21, 1989 I recommend that the Council order a feasibility report to construct watermain from Bunker Lake Boulevard to 139th Avenue. Feasibility Report cost $1,000 max. Note: The petitioner would like water by the end of May. o o Gentlemen: CITY of ANDOVER Date: ~--7 - sr No. We, the undersigned, owners of real property in the following described area: /2t;;(N)--of LaJa.. Blvd I ',':':.')S'? t2o(..\.r\,\..C) ,b,iLill'-C,(>h." "5 U r.;(;'( 1\/'-1 r: 1'1 ( C..... <it., , d L o,A,<2._ Fs/vd .r(\,,/ I t1 C :':" (~'! r' 1/(\'\ (,' \ 'r"! .' 1>'/ UL!, .;! , do hereby petition that said portion of said area be improved by Construction of City wo..ter"Mct"", ~.,l serV,'c..oc:.... and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION NO --,.~ [ 0/ V . .J I.... V ''K V) ,~ \. ~ 'I-... ~ s ~ ~. ~ V ,,\- ~ ,~~ ,"" oJ ~ 0/ ,~ ~ ~ ~ '~ ~ J cJJ Address: 137~? COll.A,J 4~ BI",d v') ~\J 1 ~ ~ ~ 0/ '- J ~ VI ~~ ~,~ '< -; ~ ..I() V 'i.. '1"'-- ~ s: ~ ~ ~ ~ \. Vf J ~ 'I", ","" 0'J'^~~ ., ~~ ~ ~ Ii \j' ~ i\j,~ .J f ~ t" o ~~. '.J \: () .,) ~ ~ ~ MJ ~ ,~.~ 'i-.. "\ ~ .; ~ 'vJ~ ~ J -~ J "'\ CJ' U v '~ , ~ ~ i: ~ '0 J "'t. ~ 'K ~ ~ ) ~ ~ m;)<.. ~ -'f' ~ ~ l:) , ,; ~ "'- ..c' '-iJ 01 ":-.s ~~ .]~ YES ~ ~ :J ~ ~ / J::- - o CITY of ANDOVER Date: ;J- - 7 - scr No. Gentlemen: We, the undersigned, owners of real property in the following describ area: 12s~ la-J\!2.. Blvd ,b,Q_:DJ,'-ec-\'" " -:5 (,q;'('f (\I\.1 r Ii ' <it" J do hereby petition that said portion of said area be improved by construction of city wo..t-e.- Met" '" ",^^.J serV"C:-<:-- 13r~)5'2 eo u./\ I..,.(~J L o,J, <1..- Blvd (".. 01_ C v.- I l " . -\, ,\ ,'I, \ ' ( . ('_ I ': -; ~ > {: ',,1,1 and that the cost of said improvement be assessed against the benefi property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO - /3 '15'2 eO(~A..d ""IL B/J - o was circulated by: c://c ....... ..-.-' Q:: ~t<4I~ C ~ .3 ,.. ,-',':;,j...: .... ~"",t:.~8) '. .~~t~~: : .,,~ ~ ,~ ,~ ~ '~ '~ (10) ,,; (13) (-HI-I) , I. iti !.- it) , . /.1..10) " -I.. .,~. , ,.,I..~ .1 ,"' ~ ff'.t . " .' '7 ..........N4:..:r/.~ , i' ...' COUNTY ~,.-'~,/.., I.........../~N...- _ z. l.. I. i'" ,-.Ai.l1f/ ."" "/" .~~~.-=~:;..-<..9~~,~~~~.2.. . ~-;::::.". . !.w .!i. ! i,:..\j/" . .-' NO:t4 OOAO. . ~ I, .". ~ .......r' ." . CITY OF ;. .... :':_~:S,,;~:'~~~~;t~;,<:: '. '~,,:)A:~...:,:,, "" ',,~~"".;4.'~" ;. : I:. :,('-'Y:, /.... . ~ \' "';-'. '. . ..}.., ~.. ..,' " r#t , . to ~.>. ".-.... . ;j, ,. 'r . ~ -f". ,"' t. " ;':t ,,' ';;~{ " " t'fj,/'fl! qJl/ . '.,::r ~' 2. .......~ '.\'l .....t.~ "..' (69) ......~, ., ~ "~f: ';..= c':~..:J::;,~,' j~,:T ~, . ,': ',\.w;,:r':" ~. , ',.., ........, "'~. {'~\.~:i ,., CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN, PROJECT NO. 89-7, IN THE ROUND LAKE BOULEVARD TO 139TH AVENUE AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements; and WHEREAS, the City Council proposes to assess the benefitting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman City Council at a Meeting this and adopted by the day of , 19 , with Councilmen voting in favor of the voting against, resolution, and Councilmen whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE Februarv 21. 1989 ORIGINATING DEPARTMENT Engineering ~~~ Todd J. Ha ITEM 13 . NO. Extend Plat/Hills of Bunker Lake BY: The City Council is requested to extend the preliminary plat of the Hills of Bunker Lake. Attached is a letter from Jerry Green, developer of the property. MOTION BY TO COUNCIL ACTION SECOND BY o o HILLS OF BUNKER LAKE 854 EAST RIVER ROAD ANOKA, Minnesota 55303 January 30, 1989 Mr. Jim Schrantz City Administrator City of Andover 1685 Crosstown Blvd. Andover, MN 55304 Dear Jim: f" 1" ...... r,; ~-'l ~. 111 l'. "; h, ' f :ll" " 1'\,,_...., i', ~:, '" . jn"n it, J~\:'~.) 1 ,I:JOJ I -., I,] I ',' rl ~'i p..J/ ' I C1TY OF :" !..!u"")"!':'i? i . ! --.--.--. On behalf of Hills, Inc., we hereby request the extension of our preliminary plat on the Hills of Bunker Lake. Yours very truly, ~!1S, I, ~c.J / <. /7 Vv2J;1 iJ;zee1/t/' ~rry ciJeen Treasurer o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Non-Di ITEM 14. NO. Final Payments;87-9; 89-2; 87-26 DATE February 21, 1989 ORIGINATING DEPARTMENT Engineering FOR BY: James E. Schrantz The City Council is requested to approve the resolution accepting the work and directing final payment for projects: 87-9 South Coon Creek Drive 87-26 Langseth's Addition 88-2 Ward Lake Drive, Bluebird and Yellow Pine The contractor for the three projects is Forest Lake Contracting. The final payment amount for #87-26 & #88-2 is $24,960.01. The final payment amount for #87-9 is $1,994.36. We are requesting an escrow to cover the cost of the punch list work not completed before the final check is released. This is what we have been doing with the other projects this year. The recommendation letters from BRA are attached. The final construction cost for Langseth's, Bluebird Street and Yellow Pine Street is less than the construction amounts used in the assessment calculations. MOTION BY TO COUNCIL ACTION SECOND BY o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FOREST LAKE CONTRACTING FOR PROJECT NO; 87-9 FOR THE IMPROVEMENT OF STREET AND STORM DRAIN CONSTRUCTION IN THE FOLLOWING AREA: SOUTH COON CREEK DRIVE EAST END. WHEREAS, pursuant to a written contract signed with the City of Andover on September 8, 1987, Forest Lake Contracting of Forest Lake has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota. The work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilman City Council at a and adopted by the day Meeting this of , 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk -City Clerk o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FOREST LAKE CONTRACTING FOR PROJECT NO. 87-26 FOR THE IMPROVEMENT OF STREET CONSTRUCTION IN THE FOLLOWING AREA: LANGSETH'S ADDITION. WHEREAS, pursuant to a written contract signed with the City of Andover on June 27, 1988, Forest Lake Contracting of Forest Lake has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota. The work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of , 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was passed. . CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk -City Clerk o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FOREST LAKE CONTRACTING FOR PROJECT NO. 88-2 FOR THE IMPROVEMENT OF STREET AND STORM DRAIN CONSTRUCTION IN THE FOLLOWING AREA: WARD LAKE DRIVE, BLUEBIRD STREET, YELLOW PINE STREET. WHEREAS, pursuant to a written contract signed with the City of Andover on June 27, 1988, Forest Lake Contracting of Forest Lake has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota. The work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilman City Council at a and adopted by the day Meeting this of , 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk -City Clerk o ~ -. u Bonestroo Rosene Anderlik & Associates Otto G. Bonemoo. P.E. Robert UI. Rosene. P:E. Joseph C. Anderlik. P.E. Bradford A. lemberg, P.E, Richard E. Turner. P.E. James C. Olson. P.E. Glenn R. Cook. P.E. Thomas E. Noyes, P.E. Robert G. Schunicht. P.E. Marvin l. Sarvala. P.E. Keith A. Gordon. P.E. Richard W. Foster. P.E. Donald C. Burgardt, P.f. Jerry A. Bourdon. P.E. Mark A. Hanson. P.E. Ted K. FIeld. P.E. Michael T. Rautmann. P.E. Robert R. Pfefferle. P.E. David O. Loskota, P.E. Thomas \.'V, Peterson. P.E. Michael C. lynch. P.E. James R. Maland. P.E. Kenneth P. Anderson. P.E. Keith A. Bachmann. P.E. Mark R. Rolfs. P.E. Robert C. Russek. A.I,A. Thomas E. Angus. P.E. Howard A. Sanford. P.E. Daniel J. Edgerton. P.E. Mark A. SeJp, p.E. Philip J. Caswell. P.E. Mark O. Wallis. P.E. Charles A. Erickson Leo M. Pawelsky Harlan M. Olson Susan M. Eberlin. C.P.A. Engineers & Architects February 2, 1989 -R~..:~~tl \ .~ ~~~~' OF ANDOVER City of Andover 1685 Crosstown Blvd. NW Anoka, MN 55303 Attn: Mr. James E. Schrantz City Engineer Re: Ward Lake Street Improvement MSAP 198-103-01 Proj ect 88-2 87- 2." Llw6>ntI i1A1~;tl-cIU5 Our File No. 17124 Dear Jim, 0 1) Ward Lake Drive $13,136.55 or 7.1% 2) Bluebird Lane 1,310.41 or 2.8% 3) Yellowpine Drive 374.54 or 2.9% 4) Langseth Addition 3,987.07 or 5.9% $18,808.37 or 6% Enclosed please find two (2) Payment for the above referenced contract amount by $18,808.37 are as follows: signed copies of the 4th and Final Request for project. The project overran the original or 6%. A breakdown of the overrun by projects The principle reason for the overrun on the Ward Lake Drive project are listed below. Additional common and subgrade excavation and common borrow was re- quired along the roadway when unsuitable material was encountered. The addi- tional cost for this work is $7,356.05 or 56% of the overrun. The other dif- ference is minor variations in actual constructed quantities as compared to estimated quantities. The major overrun item for Langseth Addition complete the project. The final construction Lane and Yellowpine Street is less than assessment. is additional sod was required to cost for Langseth's, Bluebird the construction amounts used for The contractor has indicated they will make any necessary corrections on the project under the warranty provision of the contract in the Spring of 1989. We recommend the City Council accept the project and make final payment. o Yours very truly, L B;];!?j); ANDEnIK Harlan M. Olson HMO' Ii & ASSOCIATES, INC. 28 2335 West Highway 36 · St. Paul. Minnesota 55113 . 612-636-4600 o o o n -. 1\]1 Otto G. Bonestroo, P.E. Robert W. Rosene. P.E. Joseph C. Anderl/k. P.E. Bradford A. lemberg, p.E. Richard E. Turner. P.E. James C. Olson. P.E. Glenn R. COOk. P.E. Thomas E. Noyes. P.E. Robert G. Schunicht. P.E. Marvin L. Sorvala. P.E. Keith A. Gordon, P.E. Richard W. Foster. P.E. Donald C. Burgardt. P.E. Jerry A. Bourdon, p.E. Mark A. Hanson. P.E. Ted K. Field. P.E. Michael T. Rautmann. P.E. Robert R. Pfefferle. P.E. David O. loskota. P.E. Bonestroo Rosene Anderlik & Associates Engineers & Architects February 2, 1!H39_ Thomas \XI. Peterson, P.E. Michael C. lynch. P.E. James R. Maland. P.E. Kenneth P. Anderson. P.E. Keith A. Bachmann. P.E. Mark R. Rolts.. P.E. Robert C. Russek. A.I.A. Thomas E. Angus. P.E. Howard A. Sanford, P.E. Daniel J. Edgerton, P.E. Mark A. Selp, P.E. Philip J. Caswell. P.E. Mark D. Walfls. P.E. Charles A. Erickson Leo M. Pawelsky Harlan M. Olson Susan M. Eberlin, c.P.A. City of Andover 1685 Crosstown Blvd. NW Anoka, MN 55303 "'ECE~Vt." H~~"lU ~""""-~C'-,..,..._.....".........-.-"",~""", Attn: Mr. James E. Schrantz City Engineer CITY OF ,II,NDOVER Re: South Coon Creek MSAP 198-108-06 Project 87-9 Our File No. 17126 Dear Jim, Enclosed please find two (2) signed copies of the 4th and Final Request for Payment for the above referenced project. The project overran the original contract amount by $5,895.84 or 6.3%. The principle reasons for the overrun is the developer requested additional driveways and sod restoration along the roadway. These items are listed below and the increased cost above the esti- mate: 1) Aggregate base for driveway 2) Bituminous driveway mixture 3) Topsoil borrow 4) Sod 81.9 Ton @ $7.00/ton 67.42 Ton @ $50.00/ton 162 C.Y. @ $5.30/C.Y. 1,065 S.Y. @ $1.22/S.Y. $ 573.30 3,371.00 858.60 1,299.30 $6,102.20 The contractor has indicated they will make any necessary corrections on the project under the warranty provisions of the contract. If you have any questions, please contact this office. We recommend the City Council accept the project and make final payment. Yours very truly, BOrJ;){$ERLIK ~f~..1f HMO: Ii & ASSOCIATES, INC. Encl. 28 2335 West Highway 36 · St. Paul, Minnesota 55113 . 612-636-4600 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE Februarv 21, 1989 ORIGINATING DEPARTMENT FOR ITEM NO. Non-Discu Engineering 15. Approve Professional Services Agreement/TKD BY: James E. Schrantz The City Council is requested to approve the authorization to complete the storm drainage plan to be consistent with the 509 plans of CCWD and LRRWMO. previously, the City Council authorized an expenditure to update the plans to provide information to the two watersheds. Only $505 has been paid to TKDA for this work. The new agreement covers the previous work and allows for the work to make Andover'S plan comply with the Watershed and WMO's plan and also produce a plan with maps. MOTION BY TO COUNCIL ACTION SECOND BY o o ,() CITY OF ANOOVER, MINNESorA AUlHORIZATION FOR PROFESSIONAL SERVICES 'IO: Tol tz, King, D.1vall, Arrlerson am Associates, Incorporated 2500 American National Bank Building st. Paul, Minnesota 55101 Pursuant to our agreement dated Januaxy 5, 1988, as amended, you are hereby authorized to proceed with the professional services described as follows: LOCAL WATER RESOORCE ~ PIAN A. PROJECT DFSCRIPl'ION '!he City of Andover is located within the watershed boundaries of the fOllowing two Watershed Management Ol:ganizations (WIDs): '!he Lower Rum River WMO and the Coon Creek Watershed District. Each of these Organizations has campleted a Water Resource Management Plan as required by the Metropolitan Surface Water Management Act. This Act further requires communities within each WMO's boundaries to prepare a Local Water Resource Management Plan based on requirements set forth in the WID plans. The purpose of this Authorization is to proceed with the production of the Local Water Resource Management Plan for the City of Andover . B. PARI' 1 - lOCAL WATER EESOORcE: ~ PIAN TI<DA shall prepare a Local Water Resource Management Plan for the City of Andover. '!he Metropolitan Surface Water Management Act, as well as the Water Resource Management Plans of the Lower Rum River WM:>, am the Coon Creek Watershed District, identify the following standards for local plans: 1. Describe existing am proposed physical environment am lam use. 2. Define drainage areas and the volumes, rates, and paths of stonnwater runoff. 3. Identify areas and elevations for stormwater storage adequate to meet performance stamards established in the Watershed plan. -1- o o o 4. Define water quality am water quality Protection methods adequate to perfonn staIxlards established in the Watershed Plan. s. Identify regulated areas. 6. Set forth an implementation program, including a description of official controls and, as appropriate, a capital improvement program. C. PARI' 2 - ADDITIONAL R&:lUIRED ITEMS 1. 'I'I<l:l.A will provide the City with a map id~tifying DNR-protected waters am water courses on the City's zoni.n] map. '!his will enable the City to notify persons proposing or carrying out filling or other development activity in protected waters that their activity may require a mR pennit. 2. TKDA will provide the City with a copy of the National Wetlam Inventory (NWI) map for the City. This will enable the City to notify persons proposing or carrying out filling or other development activity in areas identified as wetlands on the NWI map that their activity may require a Col:pS of Engineers 404 pennit. D. PARI' 3 - mlPIErION OF PIAN 1. Upon canpletion of the final draft of the plan, 'I'I<l:l.A will submit the plan to the City for its approval. 2. Once the Plan is approved by the City, the Plan will be considered finished. 'I'I<l:l.A will then, at the City's request, submit copies of the plan to the wwer Rum River WMO (LRRWMO) and the Coon Creek Watershed District (CCWD) for their review. 3. When the LRRWMO and CCWD have finished their reviews, TKDA will provide the City with twenty (20) copies of the "Local Water Resource Management Plan for the City of Amover, Minnesota", for its use. -2- 0' 1. 2. 3. 4. 5. E. ITEMS Nor mCIIJDED* Hydraulic structure inventory. Updating of existing maps to be used in the proposed plan. land sutVeys. Fees associated with the review of the proposed plan. New 'IR-20 modeling. * Or, if specifically requested by the City, such services shall be perfonned by the Consultant ani shall be billable pursuant to Article 3 of the Basic Agreement and such billings shall be over ani above any maximums set forth herein. F. o:>MPENSATION Carrg;lensation for the services described herein shall be computed in accordance with the provisions of Article 3 of the January 5, 1988 Agreement, subject to the following additional corrlitions: Payment for Parts 1, 2 and 3 services shall be subject to a maxirm.nn payment of $9,850 without further Council authorization. o Approved at a meeting of the City Council on Title 19 By Consultant Acceptance by , Authorized 'I'l<D/). Representative 19 o -3-