The URL can be used to link to this page

Home My WebLink AboutCC September 5, 1989 o o **************************************************************** ~~************************************************************~* - g ~ ~~ ..WHArSHAPPENING ?} !! ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ N The Council requested that the current assess- ** :: ment policy be given to the councilmembers who :: ~~ don't have copies. I have copied all members ** ll~ ** llll with what is in the city file on assessments. ** ll~ ** llll ** llll I will continue with a new policy manual that ** :: we started in 1987 but was not completed. :: ll~ ** ll~ ** llll ** :: N Well tests for the test well are expected back :: ll~ soon from the three labs. ** ll~ ** llll ** llll ** llll ** ll~ ** ~ ~ ~ll ** ~ll ** ~~ ** ll~ ** llll ** ~ ~ ~ll ** ~ll ** ~lC ** ~ ~ ~ ~ ~ ~ ~ ~ ll~ ** llll ** ~ll ~ ~ ~ ~ ~ ~ ~ ~ll ~ ~ll ** ~ll ** llll ** ~ ~ ll~ ** ~ll ** ~ll ** ~ll ** ~ ~ llll ** llll ** ~ ~ ~ll ~ llll ** ~ ~ ~ ~ ~ ~ ~ll ** ~ll ** ll~ ** ~ ~ ~ ~ llll ** ~ll ** ll:**************************************************************: ~~~~~~.~~~~~.~~.~~~~~~~..~~~..~~~~~~~~~~~~~~~~~.~~~~~~~~~~~~~~~~ o o DATE: September,S 1989 ITEMS GIVEN TO THE CITY COUNCIL Letter from Jay Reinhardt Letter from william G. Hawkins Letter from Jerry Briggs, City of White Bear Lake Letter from William G. Hawkins, Re: Mr. James M. Neilson Assessment Policy Disaster,Plan M.I3Mo l='/WM. I-{.ovJA t(~ J,(OOL..I c-K PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. .,""'>."':,~ T>> ~ /!..C!.. $cp+-~.I'le'1 o MINNESOTA PIPE LINE COMPANY P.O. BOX 67 COTTAGE GROVE, MINNESOTA 55016 August 30, 1989 Mr. Todd J. Haas Assistant City Engineer City of Andover 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 RE: AN-48 North Lexington Landscaping Dear Mr. Haas: Thank you for your letter dated May 26, 1989, and the diagram indicating a proposed area to be excavated in the vicinity of our pipelines. In response to your inquiries: 1. The Company will not hold the City of Andover responsibl~ for any damage when the proposed excavation is outside of the existing pipeline easement. 2. The negative impacts on the security of the pipelines are (1) the possibility that the excavator could inadvertantly hit a pipeline during excavation, and (2) the possibility that .the excavation, or subsequent erosion, could remove the lateral support for the pipelines. 3. A Pipeline Routing Permit has recently been issued to the Company for a third pipeline, and the third pipeline will be constructed in late summer or early fall of 1989. The third pipeline will be constructed within the existing right of way, and northeasterly of the existing pipelines. An additional temporary construction easement is being requested from the affected property owners. 4. The current reduced throughput of the existing two pipelines is approximately 210,000 barrels per day. I hope that the foregoing fully responds to your inquiries. If you have any additional questions, please telephone me at 459-2424. o Sincerely, ~h/ff?~ ~y~einhardt Engineer r ~ , ~ L , t ! t. i'., ~:. ~. .' I i-' i , I .. ',~ . t' :! !., 't-; fii -.;;:..;. "J- .y o o LAW OFFICES OF' L lA.114~r~.... ,:,L", ,,,,,..i'I"'"'' !($~fes;t:,i 5J'il/i~/).;k<i: ,-': '~.l)!d:;,:'.;w>-~'-; -.,:~<,'!'~';':;~"'~~:~~ _ .~"!.~F''\;t~ -r',":":, -~. -ro c.c!.. ~~r1''>; 1187 ;\ BurKe nnd JlnwKil1s " SUITE 101 299 COON RAPIDS BOULEVARO COON ""I'IOS. M'NNESOTA 55433 PHONE US1 2) 784-2999 JOHN M. BURKE WILLIAM G. HAWKINS BARRY M. ROBINSON August 24, 1989 COPy F. J/{fONl~ YOUN If/70/f Mr. James M. Neilson Babcock, Locher, Neilson 118 East Main Street Anoka, MN 55303 Re: Lund's Evergreen Estates 5th Addition & Mannella Dear Mr. Neilson: I have had an opportunity to review the information provided by Todd Haas concerning your client, Jim Lund, and his development of Lund's Evergreen Estates 5th Addition. I believe you have a copy of a letter dated August 2, 1989 wherein Mr. Baas, Assistant City Engineer, has set out his concerns with this plat. . Under Item I, the Development Contract states that the developer agrees to excavate and provide 39,000 square feet of contiguous buildable land to meet the requirements of Ordinance 10, Section 9.06 a(3). The developer was to have the excavation observed and compaction and soil tests performed from excavation to finish grade as required by the City. Mr. Baas advises me that Mr. Lund's excavator removed soil from several of the building lots and replaced sa."tle but that this was not observed. The developer's own engineer will not certify that there are 39,000 square feet of buildable area on each of these lots and in fact, upon appl ication for a building permi t on one of them the soil tests indicated problems on the area where the proposed home was going to be constructed. Mr. Lund already has a house that is settling in the 4th Addition as the result of improper filling and the City will insist that he meet the requirements of Ordinance 10 and Section I of the Development Contract. Section 2 of the Development ~ontract provides that the developer will provide the City with a final As-Built Grading Plan for the plat certifying there are 39,000 square feet above the elevation table. Mr. Lund had originally submitted a grading plan in 1984. Be has now only submitted plans for the individual lots and the City is not in a position to attempt to .....M. . .. Ir;:.'" '~". ~. ',"' -'~" . ';,",,1,'-, :~ ...~ ~ l.....-. / ,i ,/ Mr. James M. Neilson August 24, 1989 /0 Page 2 I .I assemble the individual lot grading plans to determine whether or not the overall drainage of the plat will work. The grading as it currently exists appears to substantially deviate from the original plan submitted on May 21, 1984. Therefore we believe Mr. Lund has an obligation to comply wi th Section 2 of the grading plan. Item 3 of Mr. Haas' letter is a requirement under the present street standards adopted in Ordinance 10. As such, Mr. Lund as a part of his development must comply with this request. Item 4 is covered under Paragraph 4 of the Development Contract. Since the area between Lots 2 and 3 of Block 2 were filled and disturbed, topsoil and seeding needs to be completed in these areas. It is my understanding that the only way that the City is able to assure that all of these lots properly comply with the Ordinance will be for Mr. Lund to remove all of the fill material and have the 39,000 square feet inspected as it is refilled. Until such time as this has been complied with, the City will issue no further building permits on such lots. Sincerely, ,. william G. Hawkins WGH:mk cc: Mr. Todd Haas o t1 "' t, CITY OF o White Bear Lake August 14, 1989 , ~ ~; ~~= ......:- I- .. ,'" i Dear City Official: ~ I wish to extend to you a cordial invitation to attend the Leagu~ of Minnesota Cities I Regional Meeting hosted by the City of White Bear Lake on Monday, September 11, 1989, at the White Bear Country Inn, 4940 Highway 61. The afternoon program will begin at 2:30 P.M. with a demonstration of the new accounting software package for small and medium sized cities developed by the League of Minnesota Cities and the State Auditor's Office. At 3:15 P.M. we will open up the meeting for a discussion of risk management issues which cities face today ranging from liability associated with joint power agreements to sewer backups. A social hour is scheduled to begin at 5:00 P.M. and dinner will be served at 6:15 P.M. After dinner, the League will showcase its new video, "Dealing with the Media." This video is designed to help city officials learn how to deal positively with the media. To complete the evening session, LMC staff will make presentations on the status of any changes to Minnesota's property tax system, solid waste issues, the open meeting law vs. the data practices law, and a short program entitled "Ten Things Counci 1 members Can do to Help Reduce City Li abil ity." I am confident you wi 11 find these sessions both enjoyable and informative. To make reservations for your city, please return the enclosed registration form as soon as possible. In case of cancellations, please notify Joyce Jacobs at 429-8526 by Septe.ber 7, 1989. Your city will be billed for those who did not attend and did not cancel their reservation by the aforementioned date. I look forward to seeing you on September 11th. Sincerely, .. o jrnj Enclosures (registration form, map and agenda) 4701 Highway 61 · White Bear Lake, Minnesota 55110 · Phone (612) 429-8526 ": .~ . ,., ''^','.'' . ''.;.~,:':.~ ::. .;" -:<.,',' ~~..t:, . "'.-';~F. " o o REGISTRATION FORM We will have city officials attend the Regional Meeting in White Bear Lake and we agree to pay for these meals unless the host city is notified of any changes by September 7, 1989. Names/Titles of Persons Attending: Person making reservation: City: Phone: ( ) Please make checks payable to the City of White Bear lake and return with your registration form to: Joyce Jacobs City of White Bear Lake 4701 Highway 61 White Bear Lake, MN 55110 ,0 . . 183 University Ave, East St. Paul, MN 55101.2526 (612) 227.5600 (FAX: 221.0986) League of Minnesota Cities Afternoon Session 2:30 - 3:15 pm 3:15 - 5:00 pm 'Evening Session 5:00 - 6:15 pm 6:15 - 7:15 pm 7:15 - 7:30 pm 7:30 - 8:00 pm 8:00 - 8:15 pm o 8:15 - 8:30 pm 8:30 - 8:45 pm 8:45 - 9:00 pm White . League of Minnesota cities Bear Lake Regional Meeting Program Monday, September 11, 1989 2:30 '- 4:45 pm Demonstration of the new accounting software package for cities Risk Management Issues -- LMCIT staff will present a variety of risk management issues. Topics will include liability and coverage aspects of contracts, joint powers agreements, permits and licenses; defense and indemnification provisions in contracts; certificates of insurance (how much insurance should a city require), and intergovernmental contracts for streets, intersections, etc. Liability considerations for optional city services such as tree cutting, building demolition and pipe thawing. LMCIT staff will also discuss the rising problem of sewer backups, liability issues, and should coverage be offered for backups. 5:00 - 9:00 pm Social Hour Dinner .Welcome by Host City LMC President's Remarks Property Tax Issues -- Governor's property tax proposal plus an update on truth in taxation Solid Waste Issues -- Select Committee on Recycling and the Environment (SCORE) legislation, sales tax on garbage collection services, and plastics ordinances Data Practices/Open Meeting Law Public meetings, an open or shut case? Seven Things Councilmembers Can do to Help Reduce City Liability Dealing with the News Media, a video presentation 1 c: ~ z \~~ o tddlSS!SS!W '" \,..~ ~~.2' c: ,." co -Q :z: . == ii c: !!I .~ CD ~ o " ~ ~ .>It b a.. &: >- I CD "0 ~ - I ! .. >- :~ ~ u I '0= .. &~ .. .9 Z 1 co I P "8.3 .: fit :E 1 I iL o .>It &: o .. l ::E .~~ "'... ....... ._--~,~,~,,,,-,".~,~.. ...............:.~,.........".,;;----~"'""'"._...,......_.. ; ~Y'!':; AUG~30-89 WED 15:38 P.02 &; j~; ~., f' 1 ~, t ,. " ~;. o ANOKA OFFice (612) 427 ,6300 BROOKLYN PARK OFFICE (612) 560.0566 0' C~C :9/9N eenN^RO 6. STEFFeN S'rEPItUN H, MUNSTENT!IGsR RIOH^RD A. ISENS DAnn~ll A, JENSEN RUSSELL H, OROWDER L^WReNCE R, JOHNSON N^NCIE n. TlIGIS$!N DIMnLES M. S~VI(OAA DANIEL D, Q^NTER, J/l. BEVE~LV I(. coooa ~~NNS'rl-1 It. CHUN SCOtT M. LEP^K t6t... LAW OFFICES STEFFEN & MUNSTENTEIGER, ~A. 2- !~S{/t3S PC/'l- sm tff{ LI6/1/5 "> " 1',': August 26, 1989 "". 'i... William G. Hawkins, Esquire BURKE & HAWKINS 299 Coon Rapids Boulevard Coon Rapids, Minnesota 55433 ReI Andover/Hills of Bunker Lake ~t ,(, !} " ~~ ;i) I . ~l Dear Mr. Hawkins I As you are aware, this law firm developer of Hills of Bunker Lake letter is to confirm the ooncerns 24, 1989. We have recently become aware that the Minnesota Pollution Control Agency has recommended the creation of a nno constructionn zone of 200 feet around the WOE landfill site and the creation of an additional area in which certain construction techniques and warning devices would be required to guard against a perceived, but unknown, danger of methane gas. represents Hills, Ino" the in the City of Andover. This which we discussed on August " t " ., :1 ;~ ( ,. L; The specific restrictions would affect only a small area of the Hills of Bunker Lake. Our concerns relate not to the specifia restrictions on Our property, but rather the negative impression which would be given to the publio by a hasty official reaction to ~hat is not even a proven threat. Andover has had the misfortune in recent times of being the subject of muoh publicity regarding environmental dangers, such as radon, tire dumping grounds, toxic wastes, etc. Both the City and developers have been forced to swim upstream to overoome the negative images caused by these matters. The last thing that the City needs at this timE! is a new environmental hazard to be published. o In this instance, the City has an opportunity to engage in damage control by approaching the methane gas issue in a patient, studied and rationale manner to first identify whether a real probleln exists, to consider ~hether the City is the proper agency to address the problem and to most carefully consider ~hat action : the City should take, if any. A panic driven rush into the adoptil:>n of ordinances oreating a no-man' s land and requirin9 speoial protections will only result in a official confirmation 301 ANOKA PROFESSI':lNAL BUILDING 40~ JACKSON STREET. ANOI<A. MINNeSOTA 55303 103 CREEK WeST 0640 BUILDING 6840781/1 AVENUE NORTH. ElROOKl.YN PARK, MINNESOTA SS44G . 7;1:.:,~j.~.~' '. .-. ':'::/"-:~ ' ',l ", i', ":~ ".. . ~~: :~:~. ;, .~::~' '\ ;~: :~. ->l:' ... :."": '~': 1'.... '. ': . ~~f", :~ :t .. ': t.. -' ~ ,: .' ',....'l'r''''lr.''. .. AUG~30-a9 WED 15:39 o * o P.03 (i, 1$ .~ ~: . ~; Mr. WHllam G. Hawkins Page 'l'wo August 26, 1989 ..: ( r I: I- l' , by the City of t.he new danger in the City. City officials, including the council, staff and oommissions, must take care that their publiC statements do not inadvertently lend oredence to another environmental risk to potential homeowners. In regard to this matter, we also have a concern about what may be the appearance of a conflict of interest. It is my understanding t.hat One of the members of the planning and zoning commission is a real estate agent who represents builders in areas of the city outside the area of the proposed restrictions. While such member undoubtedly has the same conoe7.'I1,!i', abou~" the genera 1 - imagE!' "of the City, his participation in restrictions on part.icular areas, particularly as they may relate to safety measur'es, certainly presents the danger of the appearance of a conflict of interest. ~: In an unrelated matter, my clients have also discussed a conCern wi th t.he City policy regarding billing for street lighting. I am advised that the current policy is that the developer of the property is billed for the street lightiog charges until a certificate of oooupancy is issued for the property. In inst.ances, the developer has sold the property to a builde~ and the builder decides to delay construction of a home. Under the current policy, even though the transfer of title is recorded and the builder becomes the owner and taxpayer, the developer continues to be billed for the street lighting charges until a certificate of occupancy. Such a policy is certainly unfalr and may also be of dubious legality since a nOn-owner is being charged for public services to the property. We would suggest that a fairer, and clearly legal, policy would be to impose the charges against the property such that if not paid they became a lien against the property. Such approach would impose the charge against the person receiving the benefits and is often'used by municipalities with regard to public utility services, such as sewer and water. We invite you to share our concerns with the elected officials and staff,Of the City as you deem appropriate. We would be happy to meet with you, city officials or staff at "llly convenient time to discuss our concerns. Sincerely yours, STEFFEN & MUNSTENTEIGER, P.A. ~-t-....u./"~ ? &~1;J'-./h...J Lawrence R. Johnsont7~ ~ .... LRJ/lrj co: Jerry Green, Hills, Inc. Anthony Emmerich, Hills, Inc. 'It '" . o CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: The Honorable May~r and City Councilmembers James E. Schrantz, City Administrator Howard Koolick. Finance Director AlIgll",t ':10, 1 gag Reaction to Governor perpich's Tax plan At the Mayor'S request, I have reviewed the Governor's property tax and local aid reform plan entitled, Minnesota's state-local partnership for the 90s. The approach taken by the Governor is Dest summarized on page 9 of his proposal: "...local governments should use taxes raised locally to pay for local spending decisions, and state-mandated programs should be paid for by ta~e~ raised on a statewide basis." The League of Minnesota Cities August 25th Cities Bulletin, contains a summary of the plans provisions. Included is a calculation showing the difference in total aids (Local Government Aid, Transition Aid and Disparity Reduction Aid) between the vetoed 1989 tax bill and the Governor's plan. For the City of Andover, this difference in Pay 1990 is $421,361. In discussing this difference with Sarah Hackett, Legislative analyst at the League, she said that the plan is to increase the City~s levy limit by an equal amount, although she has not seen how this will happen on paper. :';, o A secondary issue is that increasing the sales tax will result in higher prices for our residents, since most stores will-, add the increased tax to their prices. Our residents will gain little from this increased sales tax since most of their purchases will be in neighboring communities, resulting in little additional revenue for our City., Based on my review of the Governor's tax and local aid reform plan, I believe the followin~ items are of concern to the City of Andover: 1. City Authority to Add to the state Sales Tax The Governor's plan gives the City th~ authority to add to the state sales tax for all sales within City boundries. Since Andover is primarily a residential city with very little retail activity, this authority will be of very little benefit as a revenue source. J f \ ........,.Fc. . o o ':"".1',';..,;.;-. :....;..,.,:.,...L....'..'.._A..;:... .....:..I:iN~.;<.J-t~~.,.\.. ..-' ~_., ."l ~ l t ~ } '., . t): r r ; ~. ~ ~,- Memo to Mayor and City Councilmembers Governor's Tax plan September 1, 1989 i L In a late breaking development, the Governor modified this plan to be a county-based one percent sales tax. However, it is unclear if the tax collected would be for the City or the County. If it is passed through to the City, this new proposal is better than a city tax, however, it still will not be of great benefit to Anoka County. If the tax revenue is given to the County, the Governor has taken away a revenue ~ource from the City. i> '" !'.- 2. Local Option Service Fee Under the plan, the city can assess a local option service fee against property owned by non-profit organizations. Exempt from the fee would be churches and other houses of worship and other properties exempt from taxation under the state constitution. This proposal would result in little or no revenue for the City since there are few non-profit organizations located in the City. In a press conference on August 31st, the Governor indicated his desire to drop this portion of the plan since it has received a largely negative response from legislators and non-profit organizations.j ! 3. Option to Raise Hotel/Motel Tax Cities would be allowed to raise the hotel/motel tax above the three percent statutory limit under Governor Perpich's tax plan. This proposal would raise zero revenue for the City since Andover currently houses no hotels or motels. On a broader view, since hotels and motels tend to be constructed near commercial and retail activities, this proposal will aid only those cities with a strong commercial base, the same group which would be aided by the increased sales tax. The cities of Anoka County would not benefit greatly from either the increased sales or hotel/mot~l tax. . 4. End of Cities Levy Limits The Governor's plan calls for an end of levy limits effective for 1991. This causes two potential problems. First, it appears from the Governor's plan, that the City will receive less state aid in 1990 without the ability to increase its levy to offset the change in state aid, until 1991. The League of Minnesota Cities informed me that the levy limit would be increased by the aid lost, however, I have not seen this in writing or mentioned anywhere. Second, after 1990, the portion of a individuals tax bill relating to the city compared to the county and school district will continue to rise not because of local spending decisions, but solely due to state funding decisions for county and school programs. -,.,.,.... o 5. Truth in Taxation Requirements jtJ'!;J/.. r;,"1f ':J~.; }~ '. "'d-tl' ~:; 'L~tt' , I , I', i ! :' ~: ; r , l . (, f' I t. , r : > i. Memo to Mayor and City Councilmembers Governor's Tax plan september 1, 1989 As mentioned above, the City's portion of an individual's~ property tax will increase each year. Under the truth in taxation requirements, the individual would receive a notice showing the increase in each component of the property tax. Obviously, the City's increase will look dramatic due to the phasing out of state aid. without some form of notification on the statement that the increase is caused by the decrease in state aid, the City will appear to be raising taxes significantly while revenue is increasing only slightly. 6. Future state Costs : ~;. . i. , ~ i; The Governor's plan includes large decreases in property taxes for rental and business property. In order to achieve these tax cuts, the state will need to input more money into the property tax system. While the Governor realizes these additional monies will be needed, he believes the state's economy will generate the additional revenue needed without increasing other taxes such as the income and sales taxes. Should the state's economy not be strong eno~gh to generate the needed revenues, the potential exists for increases of income or sales tax, additional property tax changes or state cuts in funding. 7. Schedule of Aids to be Reviewed The information available is somewhat sketchy on which aids will be reviewed in which year, and in which year the aids are targeted to be discontinued. Further information is needed to allow long-term planning and informed decision making. 8. Classification of State Mandates , , The Governor's intent is to have the state pay for state mandated programs. The proposal differentiates between program and non-program mandates. Non-program mandates are those that apply equally to private entities and governmental subdivisions or are a part of basic government organization. Examples of non- program mandates, whichwoulanot be state funded, include the costs of having an audit performed, costs incurred in competitive bidding, collective bargaining, and comparable worth. The classification of mandates can have significant effect on the state aid received and overall spending de?~sions. 9. Potential for Other Governments to Use the City as a Funding Source o With the City of Andover contracting with the County for services such as assessing and police protection, the potential exists for the County to use the City as a funding source by increasing the fees charged for these services. While paying the-.;. , County's cost would not do this, if the county were to charge above actual costs, the City would be funding the County. The only way for the City to generate the additional money needed would be through increased fees or property taxes. Again, this can make the City look bad in the eyes of its citizens. ....,.,. ,.' ...........'; 10. Future prospects and Plan ~ : r i [k I~ l ~, f t' i ;, If It if ;H . ~ ~~ " f. r; Ii I v' d, : f il :r, " it k If i !, '1 k , ~ .~ . ~. " ~i f. I, ~ f: Memo to Mayor and City Councilmembers Governor's Tax Plan September 1, 1989 o The same scenario can be applied to the School District Community School program. While I am not implying that either entity would charge these higher fees, I believe that the potential exists and should be cOl1,sidered. :; :' ~~ .t"...."y! ',:~'. '". .j . The Governor's plan is slated to take almost ten years to . . fully implement. Based on the major changes proposed, I do not~) believe that this time frame 'too long. 'However, there needs to be real concern over the Governor's and Legislature's ability to maintain the course and not deviate too far from the proposal. There will inevitably be lobbying from various organizations to increase school and/or county levy limits. Also, as new programs are mandated by the state, funding will be needed. There will be a temptation to increase taxes, either property, sales or income, to fund the mandates. 'The lawmakers will need to closely scrutinize new mandates and their funding sources to insure that proposal's intent is maintained. CONCLUSION Governor rerpich's tax reform plan represents sweeping changes to the current system. It will result in the State funding state-mandated programs and the City funding local spending decisions. Of conce~n to the City of Andover should be the local revenue options (sales tax, hotel/motel tax), the elimination of levy limits and the Truth in Taxation disclosures and the potential future impact of the plan on the City. ============================================================:===== Postscript - The budget that council reviewed on August 29th, was based on the tax law currently in effect. Based on data supplied by the League of Minnesota Cities, this approach appeared to be the most conservative. Recent information from the Department of Revenue indicates that using the 1989 vetoed tax bill would have produced a wore conservative estimate. Since the Governor's proposal contains the same relief as the vetoed bill;'it appear~ that the City may receive approximately $90,qOO.less than was budgeted in the budget you reviewed. . I;. -, -' o o 7:30 P.M. o CITY of ANDOVER Regular City Council Meeting - September 5, 1989 Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Assessment Hearing/IP88-14/uplander st. 2. Assessment Hearing/IP88-18/Dehn's Addn. 3. Woodland Creek Parking Lot 4. Woodland Terrace Outlots 5. Heidelberger variance 6. Crosstown Blvd. Storm Drain 7. Kirby Estates Park Dedication Staff, Committee, Commission 8. Approve Lot Purchases 9. Selection of Comprehensive Plan Consultant 10. Computer Discussion 11. Approve Joint Powers Agreement w/Ham Lake lla. Approve Joint Powers Agreement/Cr.Lk. Playground Equip. Non-Discussion Items 12. Accept Petition, Order Feasibility/89-22/ Wandersee Addition 13. Approve Composting Resolution 14. Release Grading Escrow/Red Oaks 5th 15. Accept Easements 16. Adopt Resolution/Humane Society Month 17. Approve Change Orders/89-1; 89-2 18. Approve Final Payment/Old Colony Est./88-8 19. Approve Plans & Specs/88-16/173rd & Navajo Approval of Claims Adjournment . "":.'1 ',",.' "'fl": ""..:~'~. ., --'~:"F/.,t? o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 5, 1989 AGENDA SECTION NQ Approval of Minutes ORIGINATING DEPARTMENT ITEM NO. Vicki Volk BY: APPROVED FOR AGE .1~ BY: The City Council is requested to approve the following mihutes. August 15, 1989 August 17, 1989 Regular Meeting Cant. Regular Meeting (Orttel absent) c MOTION BY TO COUNCIL ACTION SECOND BY . o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 5, 1989 Discussion Items Engineering AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. 1. Assessment Hearing IP88-14/up1ander S .BY: James E. Schrantz The City Council has scheduled an assessment hearing for 7:30 P;M. for Project 88-14, Uplander Street. The City Council is requested to approve the resolution adopting the assessment roll. The unit assessment is $2993.00 per unit. Costs are determined using 15 units. Ed Fields' lot is in an agricultural preserve but can be assessed for street construction. Attached: Resolution List of benefitting property owners COUNCIL ACTION MOTION BY TO SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. o MOTION by Councilman to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREET CONSTRUCTION FOR IMPROVEMENT PROJECT 88-14, UPLANDER STREET FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of Street Construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1990 and shall bear interest at the rate of 7.76 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1989 To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. 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 declared passed. CITY OF ANDOVER c:> ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk 15 32 24 33 0001 Edward Fields 15421 Round Lake Blvd Andover, MN 55304 \ ~2 24 32 0019 ~las & Janet Boyer 16030 Uplander St Andover, MN 55304 15 32 24 32 0007 Shawn & Debra Duffy 15935 Uplander st Andover, MN 55304 15 32 24 32 0013 Patrick & Sharon Cramer 16021 Uplander St Andover, MN 55304 15 32 24 32 0027 Barry & Nancy Carlson 15914 Uplander St Andover, MN 55304 o lS015 32 24 32 0028 \2jClifford & L.R. Chapman 1021 Cross.street Anoka, MN 55303 15 32 24 32 0021 David & Karen Larson 16010 Uplander st Andover, MN 55304 15 32 24 32 0009 David & C.M. Larson 15955 Uplander St Andover, MN 55304 15 32 24 32 0023 Jeffrey & Renee Kessler 15964 Uplander st Andover, MN 55304 15 32 24 32 0015 Frank & Fern Hellmann 16041 Uplander St Andover, MN 55304 ?J4!/ /5 ~v\ 15 32 24 32 0017 Clifford & L.R. Chapman 1021 Cross Street Anoka, MN 55303 15 32 24 33 0003 Gary & Diane Fields 15884 Uplander St Andover, MN 55304 15 32 24 32 0011 David & Debra LaFlamme 16001 uplander st Andover, MN 55304 15 32 24 32 0025 Clifford & L.R. Chapman 1021 Cross Street Anoka, MN 55303 15 32 24 32 0026 Marty Alkire Route #2 Ogilvie, MN 56358 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 5, 1989 ITEM NO. 2. Assessment Hearing IP88-18/Dehn's Add .BY: James E. Schrantz FOR AGENDA SECTION NO. Discussion Items ORIGINATING DEPARTMENT Engineering The City Council has scheduled an assessment hearing for 7:30 P.M. for Project 88-18, Dehn's Addition area. The City Council is requested to approve the resolution adopting the assessment roll. The unit assessment is $2596.00 per unit. This included the lot that Dehn says is unbuildable because of Ordinance 8. See attached letter from Robert Dehn. Attached: Resolution List of benefitting property owners Dehn Letter MOTION BY TO COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. o MOTION by Councilman to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREET CONSTRUCTION FOR IMPROVEMENT PROJECT 88-18, DEHN'S ADDITION FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of Street Construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1990 and shall bear interest at the rate of 7.76 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1989 To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilman and adopted by the City Meeting this day of , 19 Council at a with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk 30 32 24 13 0026 Gregory Pearson 4373 - 145th Avenue Andover, MN 55304 ~2 24 13 0029 G~ld Willenbring 4275 - 145th Avenue Andover, MN 55304 30 32 24 42 0033 Robert Dehn P.O. Box 563 Anoka, MN 55303 30 32 24 42 0027 Allan Craig 4280 - 144th Lane Andover, MN 55304 30 32 24 42 0024 Michael McNabb 4320 - 144th Lane Andover, MN 55304 30 32 24 42 0009 Dennis Olson 14458 Inca Andover, MN 55304 30 32 24 42 0012 Mary Jo Tresco 4300 - 145th Avenue Andover, MN 55304 30 32 24 42 0015 Mark Haider 14440 Guarani st Andover, MN 55304 30 32 24 42 0018 R.J. Doolittle 4301 - 144th Lane Andover, MN 55304 o ::,.30 32 24 13 0027 ~:Nilliam W. Ruckel II. 4343 - 145th Avenue Andover, MN 55304 4.:z 30 32 24.~ 0031 John Galzki 14465 Guarani st Andover, MN 55304 30 32 24 42 0029 Elaine Lebrun 4240 - 144th Lane Andover, MN 55304 30 32 24 42 0026 Daniel Selfors 4300 - 144th Lane Andover, MN 55304 30 32 24 42 0023 Marlys Muehlbauer 4360 - 144th Lane Andover, MN 55304 30 32 24 42 0010 Kenneth Bird 4320 - 145th Avenue Andover, MN 55304 30 32 24 42 0013 Gary Potter 4250 - 145th Avenue Andover, MN 55304 30 32 24 42 0016 Robert Kuehn 4251 - 144th Lane Andover, MN 55304 30 32 24 42 0019 Thomas Marron 4311 - 144th Lane Andover, MN 55304 ,'X;,>,30 32 24 13 0028 \@Milburn Johnson 4307 - 145th Avenue Andover, MN 55304 30 32 24 ~0032 Robert Dehn P.O. Box 563 Anoka, MN 55303 30 32 24 42 0028 pearl Dick 4260 - 144th Lane Andover, MN 55304 30 32 24 42 0025 Roger Ames 4310 - 144th Lane Andover, MN 55304 30 32 24 42 0008 Joseph Albright 14438 Inca Andover, MN 55304 30 32 24 42 0011 William Coleman 4310 - 145th Avenue Andover, MN 55304 30 32 24 42 0014 Leo Mudek 14450 Guarani st Andover, MN 55304 30 32 24 42 0017 Conrad Steffenson 4281 - 144th Lane Andover, MN 55304 30 32 24 42 0020 Delvin Pedersen 4321 - 144th Lane Andover, MN 55304 ...... o o Ii @ August 28, 1989 Mayor and City Council City of Andover 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 Re: PIN 30 32 24 42 0033 Honorable Mayor and Council: I have received a notice that I will be assessed for the above Property Identification Number. This lot has been deemed unbuildable by the City's Building Official, Dave Almgren, pursuant to Ordinance 8, Section 7.01 which requires that lots in an R-4 district have 39,000 square feet of buildable land for a septic system or that homes can only be built ion every other lot. I would ask that the Council delete the assessment on this parcel until such time as it becomes buildable. Sincerely, a~~ Robert Dehn o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Discussion Items 3 . ITEM Woodland Creek Golf NO. Course Parking Lot ORIGINATING Planning 5, 1989 BY: Jay Bla FOR REQUEST Lawrence Carlson, President of Woodland Development, has asked to speak to the City Council regarding the parking lot at the Woodland Creek Golf Course. Please see the enclosed letter from Mr. D. W. Spaulding dated August 2, 1989. BACKGROUND Over the past eight weeks, City Staff and staff from Woodland Development Company have met to discuss the opening of the Woodland Creek Golf Course. A concern was raised regarding the construction of adequate parking facilities. Section 8.08 states, "Off street parking areas shall be improved with a durable and dustless surface." Woodland had proposed to construct a gravel entrance road, open the driving range portion of the development and construct a temporary parking lot. Staff interpreted the ordinance to require the lot to be constructed of a finished surface and offered to only require a portion of the proposed parking lot be completed prior to the construction of the entire golf course. See the enclosed letter dated July 19, 1989. COUNCIL ACTION MOTION BY TO SECOND BY o August 2, 1989 The Honorable James E. Elling, Mayor of Andover Honorable Members of the City Council CITY OF ANDOVER 1685 Crosstown Boulevard N.W. Andover, Minnesota~55304 Dear Mayor Elling and Council Members: We are writing to request a time on the September 5, 1989, council agenda to discuss various matters regarding our Woodland Creek Golf Course project. Our concerns relate to the requirement of concrete curbing around our parking lot and the need to put down a bituminous surface during this temporary time frame between now and mid-October for users of the facility. Your staff has sent us a letter dated July 19, 1989, requesting that a concrete curb be installed to particular points indicated and that an inch and one/half bituminous base be installed on that same area. This work must be done by August 7, 1989, or we would be in violation of Ordinance 8, Section 8.08. We are requesting that a conditional permit be issued until this matter can be resolved in front of you. Our owner, Lawrence Carlson, will be out of town until late August and would be unavailable until the September 5 council meeting. We respectfully request that this item be added to the agenda for that date and that the conditional permit be issued until that time. ;..,",;, We are very proud and excited about the golf course and driving range project nearing completion and feel that it will be an excellent addition for the City of Andover and its residents. We look forward to meeting with you regarding these issues and giving you an update as to the progress of the project at that time. Sincerely, dtU+~~ D. W. Spaulding Vice President, Chief Operating Officer .;.;,.... o kds cc: Lawrence B. Carlson 830 West Main Street Anoka, Minnesota 55303 (612) 427-7500 FAX: (612) 427"0192 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 July 19, 1989 Lawrence Carlson Woodland Development Company 830 West Main street Anoka, Minnesota 55303 re: Woodland Creek Driving Range Parking Area Requirements Per our discussions with your staff on July 19, 1989, the City of Andover will require that the portion of the parking area required for the operation of the driving range be completed with the following specifications: 1. Concrete curb be installed to the points indicated on the attached map. 2. 1-1/2" bituminous base be installed on the area indicated on the attached map. The driving range will open after July 20, 1989 and the above mentioned improvements will be completed prior to Monday, August 7, 1989. Failure to have the improvements completed by this date will result in a violation of Ordinance 8, Section 8.08. l'J~ Jay Blake City planner Attachment (;~~ David Almgren Building Official Enclosures o " '- "-- ~ ~"-- '" ~ ~ z r ~.1 jAI~ ___ _ "t. r,1.... ,--,... - -- a:~ 'r- ~ ~" ~ ----- ~ ~. g"", "" "'" t{ ~ ~ \ ---,- a: .\" . <( , "" \f' a.. ~ ~ ---1~ \ ~"" ~ --- <( \"\'"'' '\ ~ ~,2 /d'.' e e~H "" , :..~ ') -~ ---- ---- -- ------ - ~ ----~ ---- -- '- '-- 30 30 ~ ." ~~..t " , ~I\ I I I , ,. -... - .'", . t.' ': '... ~ I '" ---:. ~7" ~ - - ~7/ -- --- --- 870 ------- ~ ~ ~ '" -- --- ~tio '1 ~ - -- 8~ C5 .--/ -Ci: '-'\'---- --.... . ~... .... "'.. -. INST ALL S \..--- OBLlTERA I PROPOSE - &7:3 OSED GA~- " (<' 8-612 CONet '" I \ {, \1\1 I I /' \ \ ....A_ .. U ~Xi!!LD<F#!: \ er i [*' . '" "l I I II I--L" I . I t. RK (( \ )) o j ~ ~- ~w~ '~~ o 6 CD C') Round Lake i'l'l'IO ^ ~ ,~ 0' ~ ..V:y~ ,w, - .. ~.R-~ '1'.# '0'<6' 'v, ~~,"7.- "'11 (it'" Q ~ ~ ~*". ! ""<7<# "" ..~ .~~::'~ ~ i'Z. f41' ~ I.. _~... +1 I1Zb4 J5bO ~ ~ ~ '" ....' 'b'5Il ~!'A\1 ... ., ."" ,,,,,t.o .,1..\'1,.10. \ I>,,,,,Ort)""^..o,;f~ ~ '.: ",1.0 ~,..,"';i 14.\1() u ~ ~ .... L Witt I II 14-0(,.5 ~ 9 S ~ E f ~we~. l'IOtl"l PA,Rll. \; ~ ~ i! ~ t ~ !E ~ ~ Ill,. I :;:;:;;11 :=- :.~~io:: ~~ . . II M ~~ " ::U. ,- ".~I r.;, """"'~ .'~ ~ tll L. \l1~ I f!)ec& 1t,e41 ~W1~ ,:;: ~ ~13&'1 7 =10148 , ".., D ""36" > ~;I il 32 ==il ,_.. ~I I. Lu+h.Gh. Dtit w 1 I ~ ..... ~ :*'" In i 11lT.l:F -, ~ Hi Q 2 > 1>>15 Il 1~!U!5 I I . ill, OE~ 8 I _I !.l./& I, ~lltJJlI II " - j M .. ::I i ;Ii v h * - :.;:i~.: ~ '> 'A' ,~2!l H AVe. N.W. ~ ! ',7 ~ ,. ~ Pu,",p f HOLl$e... "2 'I ..~ ~ $ - ; ~ ~ . ~ !"~ ,:!t 41 ~ " "" ... ft;,~'" 3aII ''''~. .n, . ~ "':::i; !!) <Ii :0 N ., '" ~...,. ... i'l S ~~ I~~~- \""- IV' I // ~~ ",. ~ I~ i ! ~Ial~! I.m!L ~. ~~i J,ii ! liJl: ~ ~ i ~:t I_ ~ ~ '! ~ ... .... i'i... ~,..ew. ~ Ji1 ~lt~i l~I' <:il~~~' ~ ~ III ~ III -p- ,"W , I p..vE. I J = "" ~ ..-f'" \i\ "'llll!l '" L l; ~ ~ ~ ~ ,gl~ ~ --",rr! p ~ ;;:;:'2 ~ A. 11;; ~~ ~ 29 o '" I~ /4101'" 11<>1"" @!! ~ ~ y .;~: ~~ ~ . -~l:~~ "! " . ~r~311 g ~ - jli!:..-Jo<P ~ J/ ~ ~' .,~ "'./.- ~ {if A~.of.~ ,.,~ ..~ 1 God C"a.tUr 1iY1#J o 1Z!5~ ..... .... N_'W N 14811 . ~ - c', ~~ ........,! ~ ~ '" III ~ c " ~ F! ~ ~ .. '" '" '" .. ~ '" N 28 ~ '"', C~ c::_u"'" --- -- ><l i1i . '" '" .ll ~ '" ::r N g~' I N g '" :: --~'.', 1 ~ =' J~~Wlfl~ ~lfl~ !I!~l~ 1~lt' \\I'~''/-..I..,. a I~I~ ~Ilil~ ~lil~I~III: '^~ "~I~Z1" ~ ~Tlt til*I~'\liI~I~I~I~il \~~ \i'<6~ '~ 'z"" Ii i1~I~i~l*r' 'i'-'i:..D> DI.~"" _ ~ ~V" r~lII '" lD ~ #: ~.. '" ~ ~ ~~ %R;: --- ~~ ~""" "\)!1). 'e ~~ ~, ! $ () .^J 11./.1: 0 .!!21? <:! 1- ~ ~ "'~t "\,,.. \"'" .y\\ ~n N YE #J.W. """" v ~I~ ~'19 ~ c!ll~ ~M , 0 ""< ;~~ffi NNNN ~ ~ ~ ~ Unj! ~~ 9:~~~i i ~$~~ ~~Ni-3NN NN =0 ~ ~f~!~ Ill!! ~ ~ '~ NNNN 2 ~ b~~ ",I ~ '~ ~ ~ ~ ~ - oIlli> - ..... 1,- !l>M J~ ~ "'" CROOKE" ~:::~Cht'IS+taM ILAKE G"~.ch ~ SchooL ELEM. , ,~." . 1Ii \~.~ d!' ~ ~~ , , ::Jilt~ ml ~ "..~/ ,''''' ,""5 ,..'" ~"" I);; ,,",,'0 1- ~ 1111>$\ ~ /L:imt; fi !/PISlZ'UJ ,">.5 ~I '""'" ( I"'" ~ e mR ,,'-' ~<"Ifl ~ ", ~~. ~ "~~Q' $ ~ , " l,:J1 8 I?Srz6 ~ N iml lIt! Kl ;II 33 )!; i,~lld ~ ~~?:i$ ~;~t\ll:=~! H;. [tJf."y~'~~ ~~...~l '''''''\('' ~ '1"~, . ~.\ .' ,,,," 'i::: ~ ,~ B ~ 'so".... ~ ~.~ ..,~,,~,... - :t~ r!48" ~. ~;!.rEI~1 J, '~;;-:.. ~ N . \;el!' I~~~' 1~;:,")U) : 1~4oq. I~ 13MZ. 1"1 4f '"""'lID"'JI %1Ol1....r. \"."""',..~ t?J!IO~ I~j ~ f . I?S1 .-. ,"'.. ,- ~ '~ ,'.':;7 /~~ r~...'\.~ ; \~ '"' Crooked '3333f Lake 13315 106 ""~ 1~77 -- -- o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 5, 1989 ,~ ITEM NO. 4. Woodland Terrace Outlots ~1~ APPRO~~D FOR AGE"A A /\ ,~~ BY: AGENDA SECTION NO, ORIGINATING DEPARTMENT Discussion Items Engineering BY: Todd J. Haas , \ \J The City Council is requested to discuss the Woodland Terrace Outlots with Woodland Development. The Council made a motion not to accept the Outlots at their last regular scheduled meeting of August 15, 1989. c MOTION BY TO COUNCIL ACTION SECOND BY o Continued City Councii Meeting August 17. 1989 - MInutes Page 4 f DEEDING OF OUTLOTS/WOODLAND TERRACE Mr. Schrantz stated the outiots are part of the storm drainage system for Woodland Terrace, remembering at the time of the plat that the intent was the City would get them in deed and maintain them. However. he was not able to find that in the Council Minutes. Mayo~ Elling had a problem taking 100-yea~ holding ponds that a~e part of subdivisions. thinking that has never been done by the City. M~. Schrantz stated it was done in the Good Value projects. The City doesn't own any in the rural area. His position is the City is the best one to maintain the ponds. Mayor Elling was concerned about the liability. Other Councilmembers wondered if this pond could be used for balifields or soccer since it is flat and next to the park. Mayor Elling stated it is not buildable and will flood since it is an ove~flow. MOTION by Jacobson. Seconded by Perry, that the Andover CouncIl authorize the Mayor and/or Staff to wrIte a letter to Mr. Spaulding from Woodland Development thanking him for hIs offer of the two ponds on Outlots A and C and declIne their offer to take them over. Motion carrIed unanImously. PETITION/FROM 173RD NORTH ON NAVAJO Mayor EllIng noted the receipt of a petition to blacktop from 173rd and Navajo south north to the section of 175th to Lot 5 on Section B of BRA's feasibIlity map. The petItioners are asking to be consIdered as an extension of the already approved project on 173rd for a cost of approximately $3.900 per parcel as noted at the public hearing on August 15. The petition also requested deferring the assessment on Lot 9 until it develops in the future, considering it as agricultural land now. Mayor Elling noted there are four signatures on the petition. Council noted the $3.900 includes assesing three or four units for Lot 9. They again discussed different scenarios for arriving at a unit cost. but it was noted that the hearing for 173rd and Navajo south has already been closed and that project ordered as one. At this point it was felt it Is no longer possible to combine the two portions into one project. Councilmember Jacobson questioned who would pay the deferred payment if al I potential units for Lot 9 are not assessed at this time. Councilmember Perry felt that perhaps not all the options were fully explored at the Hearing on TueSday. o Mr. Schrantz noted to treat this as a separate project, another hearing would need to be held since this is not a unanimous petition. That makes it impossible to do it yet this year. ~- ( CITY OF ANDOVER o REQUEST FOR COUNCIL AcrroN August 15, 1989 DATE AGENDA SECTION NO. Discussion Items ORIGINATING DEPARTMENT Engineering / APPROV:~OR AGENDA? I ByJ; ,/ ITEM NO. Deeding of Outlotsl woodland Terrace 12. BY: Todd J. Haas The city Council is requested to accept transfer of ownership of Outlot A, woodland Terrace 4th Addition and Outlot C, Woodland Terrace from Woodland Development Co. to the City of Andover. Outlot C is abutting Terrace Park to the east and currently has drainage and utility easements. Outlot A is located south of Terrace Park and currently does not have drainage and utility easements. During the platting the Outlots were to be dedicated to the City but the transfer was never completed. Accept as drainage and utility easements. Attachments: Letter from Woodland City Map I . MOTION BY o TO COUNCIL ACTION SECOND BY . I" ~~ 14'1;1~';'I;I:t:::-1.: : 111z!3/,j&11112!~1417: !11_ah~~ 139TH AVE, NW ,,~ .J..:.J I -r-!.,'~I .. I" .. ./ ' I , J-",' " 131..,' _I I I. I 1 :>J ~! " I" '; 2 '10 ~ 2Z, 241 ,26 ZT1 ~1301 I~Y ti~~ I AI: " I,"I"""T 12!1I 91 /1 211 1191 /'1 2 X'J'K'-" ~~;l1t.' l..A. - ' Tw ., -)-- '/.1.\') /../...' _ I 1 , .... 1,1 I ~ _ " 2 31....5 6-, '. 113' '15 ~O _~~,:;; h.' ~ ~I !!.'~q~rf. ~ft<: 8 1 _ ~ .. _ ,_ H AVE. ~ ~.J ~ :~i;r:i~: 5.1112131.4[5 i 213i4 I 5\,6 ~~ ~ ~ I-- ~ .\U ~4 01' ~ I I. .... <3 " EXCEPT' I COUNTY ST.TE AID HICHwAY ,6 - I .- ~~oo L~ I ~ [:i- f- ~'1 2 ~ 7'E" ---~ 1~~'J'41.S '1IIJI41S ~ ~~ trlAPMAN'S CHAPMAN's l2No;we.! ~RO A/)(). / f-- 5 17 I 2 I AnckI1 .,.,17', .0",,171' I J buml1lia 0'" 4. r-- 1$ fI '>.!- O/God ~.~!/ '41,.< "'1.1 '4 IS' 8 7 14TT'\~O'!'" Chu,ch .t: l cnAPMANS CHAPMAN's r;-( ~_;.n C1:1 " r-- f4001TION 14TH Al)/}. I - l,/,;w. ~r7-.tt -] 7 I . I , 1 7 I' .0' . I ,IT I , la, 1/;;;' ~I :I . f---i../ II ""...l-.. ~. )~ III 8 ~ . ""I I /10; . t::I r CI'l7T ~ , I r i J I II ! .1 , 41,S 0 n 10 !1 i~ ~ AVE, ". ~ J,,\ CHAPMAN'S -foO ~ ~ -~ '..l I I .. - .... -.. "'t.,... r--rr ~.:~I' ~Oi TI 21;1 9 , 3"",,- -!- ~ __ .:>~t- IFIFTH I ~:}~: ::,..,../,O :J 11O~'1Z I 14 4 ___ ~ I ~ 1~02r~\' Ave. .::::::: ::::::::', ~... <.;.;;... ~ >( :z: ,+~\ 1111 i '1'1.1 I . IS t::,::;:::t it:( ~ ;:il~J H 1& - , (;, Is' r S ADOITION ~::~:::: r~f: O.k. 'd 12 '5~~6~ ~>- I ~I II '121.1 41.~16 ::f':''':':::)~: r~ ,.~" ,/I 10!1 17 ~ - ! f'1 I. I I 2i ,:,~~!J.y '(' V ....... -' 18 15 I - _ '1"t:~~~:~~~17\81!111O;-:S:::::;~ ..12J4 5 &~~ '-:;J:.;.....:~ _I- ~ i ~ ~O'OOLAN ., 12 -- .7 I '1 " ,;!~!..61 I ~~ 5 81 1 4 ~ ~NN/~\r~,.,.RACE. 'h ~L.] 4 <!'" 10~ li/ '\ RI) lA, NW -~ ~ __ I ;'~~Dq.11Z) 1.,/ ~N!l IJ 8 '1'''') I ..:I.TH '1i2 ~'<.X. I IrifR~E lr{ \.~<1 Yv~ ~ 2 '1 ~ ;; ./,/ ~~~ 1'~glZM:~ li18f+f: , , #~r; r M6JOdt:Jw ; ~ I &:/Pmf I Churclt =1 I I I JJ III~ V. . o~ .. '~ o .. ..~.. '..~'" .~ . .-".." " ,-.,-::.~~~: ......~~. ....... .:.. .....:. ". .. :.~'. ~:" ""... / j'" -_.~~..'-. '0_' , I , v. , " ...... . :';~_.. ;" -:. _' .,b.' .... ..,;;:. . ~ . . .', ~ - ... , . ....-. '-:". ~ .,...... .;.:- . .~ .- -. '.. ..: ! ,,< ,>:.:;:<j:i:~:;~~/.?t:~-~~'.::::\ i I I (: (' o August 3, 1989 The Honorable James E. Elling, Mayor of Andover Honorable Members of the City Council CITY OF ANDOVER 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 Dear Mayor Elling and Council Members: We are writing to respectfully request an item be added to your August 15 City Council meeting regarding the transfer of ownership of our Outlot A and Outlot C in our Woodland Terrace subdivision. Both of these outlots are currently drainage and utility easements and are used as holding ponds for storm drainage. For the past several years, the city has maintained these properties, and we feel it would make most sense for the city to own them. We are recommending that the city accept ownership of these properties and the appropriate paperwork can be put together immediately for that transaction. Thank you for your attention to this matter, and we look forward to discussing it with you on the 15th. Sincerely, p7~#~ David W. Spaulding Vice President, Chief Operating Officer kds o 830 West Main Street Anoka. Minnesota 55303 (612) 427-7500 ular Planning Commiss on Meeting ch 26, 1985 - Minutes age 4 (Woodland Terrace, Cont.) Recess 8:52 - Reconvene 9:10 r The Planning Commission concurred that there is no problem with the Planned Unit Development concept for this property. Commissioner Rogers asked if there will be covenants on the property. Mr. Adams noted that there will be. Chairman Jacobson suggested taking a straw vote to see if the Commission is in favor of the PUD. If they are not in favor, it would not make sense to go ahead wi~h the Public Hearing on the plat. MOTION by Jacobson, seconded by Apel that the Commission would recommend and approve the concept of a Planned Unit Development known as Woodland Terrace. Motion carried unanimously. Chairman Jacobson noted once again that this is merely a straw vote stating that the Planning Commission feels that the PUD is reasonable for this piece of property. Jim Schrantz noted that he spoke to the County traffic engineer and he stated that Narcissus Street doesn't line up with the existing street. Chairman Jacobson felt that we should wait for the county to respond to this plat in writing before doing anything. Mr. Schrantz also noted that the City of Coon Rapids would like to see Lily Street extended but would not want Narcissus Street extended into Coon Rapids. Chairman Jacobson also stated that we would like to have something on record from the Coon Creek Watershed District. There was some discussion regarding the Rum River Watershed and the drainage from this plat. Chairman Jacobson asked Mr. Carlson if he had thought about sidewalkS on 133rd Lane. Mr. Carlson stated that he was not impressed with the suggestion. He stated that he would prefer changing the street location rather than having to put in sidewalks. Chairman Jacobson thought that outlots were not allowed in plats. Mr. Schrantz stated that outlots to prevent access are not permitted. Chairman Jacobson asked how retains ~ the ownership of the outlots. Mr. Carlson stated that he does. Outlots A & B are basically for drainage. They will be dedicated to the city. Mr. Carlson presented a plan. to the Commiss'ion showing single family lots in the northeast corner where the condominiums are proposed to go. He wasn't sure if the condos would sell and would like to have the option of changing that area to single family. It was noted that Mr. Carlson could possibly present two different plans to the Council. However, when the plat is finaled he will have to choose one or the other. Outlot C could be given to the property owners adjoining it, subject to the necessary easements. This item will be continued on April 9, 1985. Shoreland Management Ordinance (Comm. i2-85-1) The secretary noted that she spoke to Molly Comeau of the Department of Natural Resources C::>and Ms. ,Comeau would like to have a meeting with the Planning Commission before a public hearing ,is held on the ordinance. Ms. Comeau also mentioned that the DNR is not in favor of the lot sizes and setbacks that the city has listed in the ordinance and asked o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION September 5, 1989 DATE BY: AGENDA SECTION. NQ D1scuss10n Items 5. ITEM NO, erger Blvd. ORIGINATING DEPARTMENT Plann1ng IO_\\~ Jay Blake, ~Z:ner BACKGROUND The same request was reviewed by the Planning Commission and City Council earlier this year. The Planning Commission recommended approval with stipulations that the front of the property remain "junk-free". The City Council reversed the recommendation and denied the request. During recent court appearances the City Attorney and legal counsel for the Heidelbergers have agreed to allow the Heidelberger's an opportunity to re-submit the request and ask for reconsideration by the City Council. The results of this variance request will be brought to court in September. REQUEST The Andover City Council is asked to review the request of Rick and Marion Heidelberger for a variance to allow the completion of a non-conforming garage currently under construction. The proposed variance is for property at 2052 Bunker Lake Boulevard, adjacent to Mom's Auto Salvage. The structure was initially started more than fifteen years ago and the applicant proposes to complete the building. APPLICABLE ORDINANCES The Andover City Zoning Ordinance #8, Section 4.03 (Non-conforming Uses and Structures), Subsections A and B, Section 4.05, Subsection F and Section 9 - Building without permits. PLANNING REVIEW The request of Rick and Marion Heidelberger, 2052 Bunker Lake Boulevard, is to allow the completion/expansion of a non- conforming structure in an Industrial District (see enclosed maps). Two major items must be addressed: COUNCIL ACTION MOTION BY TO SECOND BY o Page 2 Heidelberger Variance September 5, 1989 Non-conformity The property has two uses located on it. On the northwestern portion of the land is the residential structure and associated garages and accessory buildings. Additionally, Mom's Auto Salvage is also located on the same property. Because it is a residential structure in an Industrial District, the use of the property is considered non-conforming. Section 4.03, Subsection A of the Zoning Ordinance states, "Any structure or use lawfully existing upon the effective date of this ordinance may be continued at the size and in the manner of operation existing on such date hereinafter specified." The expansion of the house or accessory structures would be considered an expansion of the non-conforming use. Section 4.03, Subsection B states that no structural alteration shall be made to the non-conforming structure. Mr. Heidelberger proposes to complete the garage, thereby intensifying the non-conforming use of the property and adding to the length of time the property will exist. Additionally, the Ordinance strictly prohibits structural alterations. Garage Location The current garage is located 85 feet from the property line, four feet closer to the property line than the principle structure. Section 4.05, Subsection F states, "No detached garages or other accessory buildings shall be located closer to the front lot line than the principle structure, unless it matches the style of the residential structure. Mr. Heidelberger has stated that he will make arrangements with appropriate architects and engineers to build a structure that meets all of the building code requirements. The City has the authority to require that the building be moved or removed. Also, the property has several other accessory buildings in a state of disrepair. Ordinance #8 allows the City to grant a variance to the requirements of the Zoning Ordinance if the strict interpretation of the Ordinance will cause undue hardship to the property owner. Planning and Zoning Commission should review the request using the following criteria: o o Page 3 Heidelberger Variance September 5, 1989 1. Does the strict interpretation of the Ordinance cauSe practical difficulties and/or unnecessary hardships to the property owners? The proposal does not meet this criteria. The hardship defined by the application is the improper location of the garage built too close to the front property line and that the garage has been there for many years. The mere location of the building does not constitute a hardship. As it currently stands, the garage is an illegal structure, built without a building permit for either the shell of the building or the roof added to the structure. The Building Department has not allowed other structures without building permits to be erected within the City. Therefore, no hardship exists. 2. Is the hardship caused by the unique physical features of the land, including shape or condition of the parcel? This criteria is not met by the proposal. The current location of the garage cannot be considered a "hardship caused by the unique features of the land". Since the property owners choose to not follow the building procedures of the City of Andover, he located it improperly and created his own hardship. 3. Will the variance be detrimental to the public welfare? The mere completion of a garage would not have a detrimental effect on the public welfare, however, allowing a non-conforming use to expand and prolonging the use in the industrial district would not be beneficial to the public welfare. The property is within the Andover Tax Increment Financing District. The City plans to work with land owners, and developers to re-develop the entire district. The expansion of the non- conforming use is not in line with the redevelopment plans of the City. 4. Is the variance necessary to allow the property owner the reasonable use of the property? The existence of a completed garage on the property has not precluded the property owner reasonable use of the property to date. The question then becomes, does the requirement to have the structure moved or removed cause the owner an unnecessary hardship? The costs of removing a building should not be a criteria for granting a variance. o As a non-conforming use in an Industrial District, the ordinance allows residential uses in Industrial districts, yet no expansion or increase in intensity should be allowed. o Page 4 Heidelberger Variance September 5, 1989 CITY COUNCIL OPTIONS A. The Andover City Council may deny the variance requested by Rick and Marion Heidelberger to complete construction of a non-conforming accessory structure. The Council finds that the proposal does not meet the requirements set forth in the City's Ordinance #8, Section 5.04. The Council finds that there is no apparent hardship due to the unique shape or topography of the parcel and that the land owner would not be precluded reasonable use of the property. B. The Ahdover City Council may approve the variance requested by Rick and Marion Heidelberger to complete construction of a non-conforming accessory structure be approved. C. The Andover City Council may table the item. STAFF RECOMMENDATION Staff recommends option A. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Andover Planning and zoning Commission reviewed the proposal at their August 22, 1989 meeting and recommended denial of the proposal. The Commission reaffirmed the findings in Council Resolution #093- 89. o o. ,0 o --- CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. R 093-89 ,- A RESOLUTION DENYING THE VARIANCE REQUEST OF RICHARD AND MARION HEIDELBERGER TO ALLOW THE COMPLETION OF NON-CONFORMING ACCESSORY STRUCTURE IN FRONT OF THE PRINCIPAL STRUCTURE, ON PROPERTY DESCRIBED AS THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 34, TOWNSHIP 32, RANGE 24, ANORA COUNTY, MINNESOTA WHEREAS, Richard and Marion Heidelberger are property owners at 2052 NW Bunker Lake Boulevard and are requesting a variance to allow the completion of a non-conforming accessory structure in front of the principal structure, and WHEREAS, the accessory structure was initial started without proper building permits more than fifteen years ago by the previous land owner, and WHEREAS, the accessory structure was placed four feet in front of the existing principal structure approximately 86 feet from the property line, and WHEREAS, a roof was added to the structure within the past two years, again without proper building permits and approved plans, and WHEREAS, the Andover Planning and Zoning Commission. reviewed the proposal at their March 28, 1989 and April 11,--1989 meetings, and ' WHEREAS, the Andover Planning and Zoning Commission held a public hearing, no opposition to the proposed va~iance was heard, and WHEREAS, The Andover City Council found that no hardship based on the unique characteristics of the land, such as, topography, wetlands, shape of the land or steep slopes, exist on the property, and WHEREAS, the property is part of the City's Tax Increment Financing redevelopment district and the expansion of a non- conforming use would not be in keeping with the development plans of the district, and WHEREAS, the removal of the roof structure would not preclude the reasonable use of the property as the property has existed for many years without a completed garage. ,,. o NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to deny the variance requested by Richard and Marian Heidelberger to allow the completion of a non-conforming accessory structure in front of the principal structure. Adopted by the City Council of the City of Andover this 16.th day .' of May, 1989. CITY OF ANDOVER L:t-~ U~ , Victoria Volk - City Clerk Attest: ,0 o ~ o CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W. ANDOVER, MINNESOTA 55304 Variance i VARIANCE REQUEST' FORM froperty Address ~~ 1)lU'\~eA Lo.k.~_ lS\vd. fJl8 IIf1 ,L SUJ 1M rrI SPchtf'v/ 3<:./ / WI1 3 ~ Legal Description of Property: ~ ( ~, . ,. (Fill in whichever is appropriate) 1fdM.(jR- -~'1 I ;1r}i>fc.q Co~, /'J1IAJ. Lot Block Addition PIN~ 31.f.3"~\(13Jc?OIC plat Parcel (If metes and bounds, attach the complete legal) Description of Request Uo el(lf]~e. On (-)of} (1)~.(7_ On L.oCl ~~ I ()frOY\'l:-Z1Q pr,~ tl rfsJ.. <cS,;:"U( +u .{~ Specific Hardship , Section of Ordinance L,1.0~ Current Zoning I- InduS-!-r;CL [, . ._~*_* ** * * * * * * * * * * * * * * * * * * * * ,* * ** * * * *.* * * * ** * * *.* * ,* * * * * * * * * * * ** ** *** ** ** * * 11 r~ Name of Applicant ~ ,/Ylctel<ll1 t\e(de.lber€:,e'~ 'I Address ~5d.. ~ (6zA L<:J( fl 73\ vd. i H~me Phone ~'S1? ~ /-)us~ess Phone '1(;fl- :J()~ S1gnam~ _ . ~L a'l-tt-~ate 5 _Z, $?cr ********************************************************************** ~I/(,e. as A-hOUf.... * 'J' property Owner (Fee Owner) (If different from above) Address - Home Phone ." 'J. ' r1 Business Phone Signature Date ********************************************************************** o Attach a scaled drawing of the property and structures affected showing: scale and north arrowp dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet.. The names and addresses of all property owners within 350 feet of the. subject property must also be provide Other Requests - $65.00 r--... Receipt i. t Application Fee: Single Family Filing Fee: ~o. 00 ) Date Paid .r '. ..-..-.-." '0':: :: :: L.:::: ;; ::::: i ,t I I I I I " I I I I , I , I , 1 I 1 _, , t , J: 1 ..l , , 1 I , , '1 ,'" I 1 I I I '--, h"""'~hi~ l!_ ~ -<~!' r~--1::::-~1 ~ I;; ..,~~-:- Ii i:' I ;, ~ ,,' ~J'~" ,~ ",.., ",.. --"""-=- " iT I r-;-r ::\j I . ~ . T'~, .~ ;-~c= -I- ~ ----- ~ ,:::,:. :Jd: ~~ r-' --r \ , !l i ) ~ \ ,111 !Ar.'I ; ~:. c" N:'" -!(",. ~ "\" ai'\ L .. 'it-,' . --:.") L- I It ~ I ~ I - ~ I '~: ---- ~.- ~;,~'~. ,~,.~ !! ~!H= ..,; ~ ,U\ ~ir:l\ ~ -'::~t(n) -JI 11i,~':-;J:Ti ~&~l~:; ~19;J'l rlIl.L.f,11 'IV I II il-il-'" . Ib:~ 1'} :u: :;;.:: ( J- . l \ . t-'. IL- "'''''"11 1.1. ' ..1' ':I.!..: --I \ .... .' -------- -- _.~ -- ~............. - --- ~-- --- ~~N i-I ! I .1 / ! ~ I I. i t : . ,:"T ~ I I Ii.! - , '*L /11... '::,.~'...., ! Wr ( , ; i I/'~,"'.j....::i: J '.rrrt-r1 I ". I' I (:. I ... . · .-- "L ....r! I "'- --....) - 'I'~ .....- c-- -- " -7'- ---- - I U ' !,.' I ::. . illllllJ I ,t ....__ ir I ".' ..- , .. 1.:..-11/ !l',- 'ii ' I I ~~ Ib,P '. ~. ~-7r I-'-i l-, -=-! ....M' -..... --11 . H" i i - ~~ ---- ,/"..2 ..~ . I ~":1 I~ :rihl1r' II( ,~ .' "A-.,7 _! ' .'~_ 1 ", "\"" '1' .. .r." ~' .':::!.: ,., ...., .'. r\!. t:;C' . I '-' ; ..: : . ~+ff:,-:;; ~ ,-..,. p- ~ ~ ~:} -- l ' _ : .~. " .: :'.<.:'. ; . _~ 1-:-", ___, _ __, l- ,',' ..,' . . . ' . .I~"". ".. I '- r:: 'oO '" ~ , t;~. .' " ' . _" ...... '. ". I - ,n " ' - 1=,<1 /' . . ..... .,.. '.. -,.. . .. ',' , .. .. . . ~:., :I:\t.: . :.It:.:~~.~ ~~ tre I' I ~ .t' 1..w..,'.:::;,tiG:'.....:. ,----:--r~~~.1 .... ; ----- I rLI-I 1 ,... '. .' k~' B ': -:R; .~r~ \ I .. ~m~ ,,"~zt~;l::':;> r.J. :i?" == 1-1---- j /""-'h' ~ I II: i~"T ' ji~ 1~t11!~':~-'I"1 / ~:irn:- J-i-rilr--- - - ffiiH' ".:. _I-: II; !, 1:i~1= !~:1': < ~ ~ Fl=~I!lk: 1 k! IY "."T r ~i~ \.. i~~ r...;.' r"~i ;W!, LI\-! i~...2~'~f?~-~""',~ I,t i~ I Id I_oJ r.:::; Ii" rl U I ;'(: L :". ',;'. t~: *~l, ~ t! ~ jT.l!,,;1. it II l ..' ,___ .11 I I ..... 'h;~' ~ " ~ ~ I I HU '.ii I ," <::', ,I',:,> . =. ' , I,!O , . 1 .1'1 ",,1111;;,,00. . .I'I~ I -'7"\-, ~ . · i r 'i~!lllI ~ ,.. I ~ I =-"' '" l-----i \,. ~- , sr r..'~i ':;;;;'. I......P h::J:t ~ if - i I r-!;'i~:--~ ' '~ ~11" . . I W-5l.:. ~ j{~ "~~ I~.~~~ - : I; : .w [j-I lrJf;,L I I ---I fB'11 ~.._.: ~ ;if)j~:: :'>; '. ;~~ - ': .: .' .....:." ,; . I ,f-:-'l, I II'~ ~ ~i ~ -- -~ ',~ ' ',",ll ~i'I.;. ~_ . I .. I. .1 .hl.. I .. . ~II~ ... ...,I.!~ 1- I ~iI,t..III.t'r>IIII~ ,~~t.:i~.,~I.:-<. h~ . ' ",,~_'~ __J1__J1____ 1.1l,.h,lii'lI'j" ',,;:,.::~i ~~' .-: , ~I . , =u: ~~ :."7.:" ~ ~ ~~ . . I I I I . -l .t." \.!'Ill.. "' j,,- L I';H~>> ~, ~ ,~I(lll~J . ' 1 . IU{ -=' f-' -It:_ _._~- "/ 1"'))--'-'-'-- ~ LJ-f::: __L._ . ~ 4,,__,': ---- ~ .~'I~. ~. . . OJ I , ~ \\i - - I -- 1 -- I I , --:-1"" . iJ t;t:=F.f: .- --. Z :;'1:- . I = ~l~'~ ~~ __-il -- . I... !l11~ . Ili'l ffi ~ i~~, > i -111'1 o I o~' ... z .... I o <t ' ~ 0 '. ::E g, ~ IIllIll I >--C ) b81111111 i · 11111 I ...11 ... 1111111 I. ---oj ---,- /__...~-~=t-~'+-'--r'"" ..- --=-, . =', .--i= . ." I I ~ 1 1 I'l", .. I I '" , '.- . ' . ~~ ..,~ 'I I I... Jr.!'~ I "" .U1 I ....., , ~ .y . ,. '~ I -'\ I I ~~J_: .~' I -",., .0 .'---- -- I I ~ - ':~: ~ ,______ . '1J3:;'!i"'" -----t I . ,0 ..:...;: ~ , I /' .' I .~ to I - Z I i - ~, ....n,:___ I 10 , I ~ t~. ~ "l: / Z f- , '" P.I:t .-..-............ -- o ~- II : < \. \;:;......... ~ " . ~ I~ ,. ~ ~ 8 ... J : :".n... ~ .,' I /'';:'-: , .. ':: ::::': :: d: ;: ~ ......,~ /, I <:"ffl '... '. : : l! )..., -''', . ~ '" ' " . . ".. .. .,. .-' :' '. C -- " :', ..' ': -' ,r. . .' ~.... . . ,~ ,.'.. (,' i ~... "".... '.' ..... >_ ., .. - ~,,, ... . .(; k, ,.: ll:;t r- ;; <:.> h - 1 "'i". :'\Ii 1 m , .." .... 1 , .~.: --.. ~ co l~o"" ~:~ .' '/-. " ~ : . " ., l ',' '.~.: .", ". ! '7,,, ~~"" '- ,:.;~. "::,L,~<="'it~ If'lt~' ~f:.i; ~ :':1~ ,v z '1",' 0' ~~ : ' ~ 'I:" ': ~I l! , : : " ~. .~ - .. - '''''.::'''''111 -, " ". I -', ,;' ~~f"1;~I~~ll.~~ , : ~I~' II -to c -:1 'f.~ In .,,'tr.s.~;r:, " Tr , .111 ' ''Ol ''<','" 'I . " ,H. ' _.""" I ............. Q ~I-. :::: II 1ij . ".. .~ ~".., nN~ . r-.......... I ! ~~:~. '1'H9!f\: ......-=._ ,., '''.'''''...;: ." ,,~ . <---- -.... 1 II ~ ~ _ 1!i .,,' "", ,,,. :. ::S/I--1- 1111 ~:0>.~~~?-.Y\J:J "';.. -: l.~,y I : ',/ (l/l . ...., I , I ~ ~ ' ; I '! m '" :n,....,,, u,.. iT : I i ~ ...., i r. '" " '. ...." . ! ..~ '" · l....j. J'lI ~~~':: -. , "lIt>" I [.~ t~. .'- --:J' ' ~ ". _"'" ~ ~j , \ ';t I ~.' :~tii~ <:- ".. 1 L I , ,. ~_~ '" Ii' . " ' '"'' "-''':--' '" I . _. .'~_ _ I'~~"" "~ .,~=." ~; ;l1d ~"" "." · '." . " ..~..~ m ~ij: ~ : e: ,...~. '''~~7:~;~7 _'I', '::';,". """~ Z~__.__.. , <~0.:V~ If~ ~, .I~ 'f _r- ~'lm: .~. 1,lr-:1-r-&; . 11j,~ I . --. " ',' ;: ::" ! I.. . ~ . I o Q ~ l\Q ~ ~ ~ ~ 0Q o ~ CI) o Q, o Q: Q, E ::;) ~ ~ i Q,; ~ :!! ~ ~ o :t: ~. Q: ~ ~ ~ =2:- "",-- , () ~ 11 '::l: .... <9 CITY of ANDOVER ANDOVER PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES KARCH 28, 1989 The regular meeting of the Andover Planning and Zoning Commission was called to order by Chairman Becky Pease at 7:30 p.m., Tuesday, March 28, 1989 at Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners present included Chairman Becky Pease, Bill Bernard, Don spotts, d'Arcy Bosell, Gretchen Sabel, Bev Jovanovich. Also present were Jay Blake and D~ve Almgren. APPROVAL OF MINUTES Commissioner Jovanovich had the following corrections for the minutes of the February 28, 1989 meeting. o - Page 2, under Public Hearing, second paragraph, second sentence, the phrase, "no movement in vehicles" should be revised to read "no movement of vehicles." - Page 4, third paragraph, last sentence from the bottom, the word "would" should be removed before recommendation. MOTION was made by Commissioner spotts, seconded by Commissioner Bernard to approve the minutes of February 28, 1989 as amended. All voted yes. Motion carried. Chairman Pease reviewed the procedures for holding a. public hearing at the Andover City Hall. HEIDELBERGER: VARIANCE. 2052 BUNKER LAKE BOULEVARD Mr. Blake explained that the Heidelbergers were requesting a variance to allow the completion of a non-conforming garage currently under construction for the property at 2052 Bunker Lake Boulevard. He further stated that the structure was initially started more than 15 years ago and at that time no building permit was issued, thus making it an illegal structure. Mr. Blake also stated that because the structure is a residential structure in an industrial district, the use of the property is considered non-conforming. 0, Mr. Blake commented that the City, under Ordinance #8, may grant variances if the strict interpretation of the ordinance will cause undue hardship to the property owner. The City ,0 ~ Q o Andover Planning and zoning Commission March 28, 1989 Meeting Minutes Page Two Planner, after reviewing the request, felt that a hardship was not created in this situation as the mere location of the . building does not constitute a hardship. Als9 a hardship is not created by the unique physical features of the land as the owner located it improperly and, therefore, created his own hardship. Also Mr. Blake recommended that the land owner would not be precluded reasonable use'of the property. Ms. Bosell expressed her disagreement in that this structure is an illegal structure, not a non-conforming structure. She also stated that the Planning Commission would then be looking at granting a variance from Ordinance 8, Section 9B relating to the construction of a structure without a building permit. Mr. Rick Heidelberger, 2052 Bunker Lake Boulevard, stated that he was the third owner of this property. His dad apparently started the building 15 years ago. Ms. Sabel asked if the building meets code. Mr. Almgren stated there is major work that needs to be completed before it would meet code. Mr. Heidelberger stated he would be willing to work with Mr. Almgren in getting whatever work done that is needed to bring this garage up to building code standards. Mr. Bernard asked why Mr. Heidelberger didn't do things properly and sooner? Mr. Heidelberger responded saying that he just didn't get around to it, he let things go too long, but that he now was willing to do things properly. Mr. Heidelberger expressed his interest in working with the City, instead of against it, as his father has done in the past. Mr. Bernard asked if it was possible to make this structure conforming. Mr. Almgren stated yes, but it would have to practically be rebuilt. Mr. Heidelberger stated he would do whatever was necessary to bring the structure up to code. It was Mr. Almgren's feeling that the necessary steps should have been taken a lot earlier to work with the City in completing this project properly. Mr. spotts asked Mr. Heidelberger if the structure was completed. Mr. Heidelberger stated that the building was not wired as yet, but other than that it was done. Q o o Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Three There was some discussion about the trusses used in the building. Mr. Heidelberger stated the trusses were 2 x 6 and 2 x 8 trusses. Mr. Almgren stated that the trusses were not certified for this particular use and did not meet code. Mr. Bernard had a concern on why it took so long for Mr. Heidelberger to come to the City. Mr. Heidelberger stated he had a concern of approaching the City for a permit because of all the issues his father had been involved with in the City, and he admits that he probably took the wrong attitude at that time. A person from Osseo stated that he felt that because Mr. Heidelberger agreed to do whatever the City stated he needed to do to meet code, that the problem would be solved. Mr. Bernard asked if it might be a good idea to table this item to gather more information and take a look at the site. MOTION was made by Commissioner Bernard, seconded by Commissioner spotts to table this item until the next Planning and Zoning Commission Meeting to be held on April 11th, 1989. 5 Yes votes, 1 No vote-Commissioner Jovanovich. Motion carried. PUBLIC HEARING: DOUGLAS LAWRENCE. REZONING R-4 to GB Mr. Blake presented the request for rezoning by Douglas Lawrence for the property located at 13311-13 Round Lake Boulevard. The proposed use would be for a convenience store/gas station/car wash. Mr. Blake stated that the property is surrounded by residential uses on all three sides. He also commented that the size and location of the property makes it a difficult parcel to develop. Mr. Blake outlined several items from the City's Comprehensive Plan which would affect this proposal. Ms. Sabel asked what the land use was on the Coon Rapids side. Mr. Blake stated that it is currently vacant and is scheduled"for a multi-family, residential-';lse district. Ms. Pease asked what would the access areas be if this project were to be done. Mr. Blake stated that the developer had planned to have one access directly onto Round Lake Boulevard located on the south side of the property. The preliminary design shows two accesses (in/out) on 133rd Lane. 7"";-',, . o C-- @ Q Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Four Mr. spotts asked if there was a state law that addressed whether a tire had enough tread on it to deem it still usable. Mr. Ronchak stated that it is very difficult to determine what tires are reusable. He stated that there is a state law on this issue. Mr. spotts felt that too much was being read into this proposal. He stated that the ordinance addressed waste tires. The Planning Commission directed staff to survey some of the tire companies to determine the volume of tires to be used in this ordinance. MOTION was made by Commissioner spotts, seconded by Commissioner Bernard that the Andover Planning and zoning Commission recommends to the City Council approval of the Ordinance 8, Section 3.02 Definition as presented, Section 7.04 Uses Excluded as presented, Section 8.01 Exterior Storage as presented, except to strike the word "in" (following shall be allowed) . Discussion: Commissioner Sabel asked about the issue Ron addressed regarding any tires not attached to'a vehicle. Mr. Ferris agreed this would not include any tire attached to a vehicle. Mr. Vistad had a question on how this would affect tire swings. It was decided it would not affect them. Roll call: Vistad-no, Sabel-yes, spotts-yes, Ferris-yes, Pease-yes, Bernard-yes. Motion carried. Commissioner Sabel still requested that Mr. Blake do the research that was asked earlier about the 250 tires. This item will go to the City Council on May 2nd. HEIDELBERGER. RICK AND MARIAN. VARIANCE Mr. Blake stated that this item is a continuation of the variance request of Rick and Marion Heidelberger at 2052 Bunker Lake Boulevard. The property has two uses on it -- it houses Mom's Auto Salvage and has a residential structure on it, along with the garage in question. The garage is considered non- conforming pursuant to Ordinance #8, Section 4.03, Subsections A and B, and section 4.05, Subsection F. ~ o Q Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Five ' Mr. Blake stated that the strict interpretation does not cause practical difficulties and/or necessary hardships to the property owner, and that the mere location of the building does not constitute a hardship. Mr. Blake also explained that the garage is currently an illegal structure, built without a building permit. It was the staff's recommendation that the variance request to complete construction of a non-conforming accessory structure be denied. Mr. Blake also stated that he had spoken with Mr. Heidelberger this week, and he related that he would be very willing to work with the City to do whatever needs to be done to make the structure conform to code. Mr. spotts asked if in the future when Bunker Lake Boulevard is widened at that point, does Mr. Heidelberger have enough footage for both the principal structure and the garage. In Mr. Blake's discussions with Anoka County, the plans are for Bunker Lake Boulevard to be a four-lane road with turning lanes between Round Lake Boulevard and Hanson Boulevard. ~t is Mr. Blake's understanding, that the County will need 60 feet from the center of the existing road (the road is roughly 32 feet wide now). The plans for development from that area include a frontage road from Thrush Street all the way to Jay Street. Mr. Vistad reiterated the fact that the garage was built as a non-conforming structure, with no building permit. Mr. Blake agreed that the structure was started and completed without any building permits, and that the roof of the structure does not meet the state building code. Although, stated Mr.Blake, Mr. Heidelberger has agreed to redo the roof so it would meet the building code. Mr. Heidelberger stated that until the four-lane road is built, the structure on his property is well off the road, and does not create any hazard for anybody. Mr. ~istad asked if Mr. Heidelberger was aware that this was a non-conforming structure. He was aware that he did not have a permit to complete the structure. He feels that the building inspector doesn't have credentials to tell him how many pounds per square foot his roof can hold. Mr. Heidelberger stated again that he would do what needed to be done to make the building conform to code. c9 to o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Six Ms. Sabel asked if a variance was granted for this project, would he plan to finish the other incompleted structures with variances also. Mr. Heidelberger stated he gave Mr. Blake a tour, and he proposed to tear down most of the other structures. Mr. Vis tad stated that the party realizes he violated the ordinances and he's trying to bargain his way out -- Mr. Vis tad did not think this was a proper way to handle things. MOTION was made by Commissioner Bernard, seconded by Commissioner Sabel that the Andover Planning and Zoning Commission recommends to the City Council approval of the variance requested by Mr. Rick Heidelberger, 2052 Bunker Lake Boulevard for the fOllowing reasons: A hardship was created due to the fact that the concrete footings and walls were there before he took possession of the land and that it would not adversely affect the existing or adjacent lands, and the fact that when the road is widened, if it takes the house, it will take the garage structure at the same time. Discussion: Mr. Spotts would like included in the motion the fact that this structure is illegal pursuant to Ordinance 8, Section 4.05, Subsection Fj also there was no building permit obtained according to Ordinance 8, Section 9 (B)i Section 4.03, Subsection B states that no structural alteration shall be made to a non-conforming structure; also there is a violation of Section 4.03, Subsection A in that a structure that was non- conforming is still in continuation today. Mr. Bernard has an addition to his motion to state that Mr. Rick Heidelberger would make arrangements with the appropriate architect and engineers to build a structure that meets all the building code requirements. The maker of the motion and the seconder agreed to including these additions into the motion. Mr. Ferris made the comment that he did not understand what the hardship was in this case. Mr. .Bernard stated that footings and walls was put in 15 years ago, before Mr. Rick Heidelberger owned the" property. He took over ownership of the property after this structure had already been started. Mr. Ferris was also concerned about the number of ordinance violations that have taken place on this property. Mr. Vistad asked how the City could expect any other citizen to abide by the City's building codes or ordinances, and by approving this item, they are totally meaningless. @ o o Andover planning and Zoning Commission April 11, 1989 Meeting Minutes Page Seven Ms. Pease asked if double fees would be charged because a ' permit was not obtained. Mr. Blake stated yes, they could charge double fees. She also asked if the building permit could be issued if the variance granted to bring the building up to specifications. Mr. Blake stated that all the plans and specifications would have to be approved by the building inspector. There would have to be variances for setback of building, a variance that it is a non-conforming building that is being completed and life of the building is being prolonged, and a variance to the fact that he did obtain a building permit. This would allow Mr. Heidelberger to get a building permit after the fact. Mr. Vistad referred to Section 5.04, Variances and Appeals, where it is stated that hardships or difficulties must have to do with the characteristics of the land and not the property owner. Mr. Vis tad doesn't feel the hardship, as Mr. Bernard previously stated in his motion, is a consideration in this case. Roll call: Sabel-Yes, Bernard-Yes, Spotts-Yes, Ferris-No, Vistad-No, Pease-Yes. Motion carried. This will go to the City Council on May .2nd. Mr. spotts stated that he would like some of the stipulations to come from Mr. Heidelberger, and not the City Council. Mr. Vistad wanted the following statement included for the record and for the City Council to review: He feels if the City Council passes this, because there are so many gross violations, it would be a true indication of setting a precedent in our community that would make our building requirements, permits and ordinances a total sign of worthlessness. RECESS The Planning Commission recessed at 9:00 p.m. and reconvened at 9:10 p.m. ORDINANCE" 8 AMENDMENT. VEHICLE WASH ESTABLISHMENTS Mr. Blake explained that this item was a continuation of the discussion regarding the amendment to Ordinance 8 that would allow vehicle wash establishments by Special Use Permit in a Neighborhood (NB) District. o Regula~ City Council Meeting May 2, 1989 - MInutes Page 8 STRAUSS SPECIAL USE PERMIT Planning Commission Chal~pe~son Pease ~eviewed the Commission's recommendation to app~ove a ~equest of Michael St~auss to allow retail t~ade and sales, a mail o~de~ o~ phone-in four-wheel drive parts busIness in an Indust~Ial dist~Ict. The property Is at 13650 Hanson Boulevard in the Andover TI~e Town buIldIng which has ~ecently been sold. Michael Strauss - stated the p~evlous owne~ is removIng the tIres, notIng most of them a~e already gone. Mr. Blake stated he talked with the fo~mer owner yesterday, who wanted to know about the tIre sh~eddlng operation. M~. Blake refe~red hIm to the PCA, stating he will follow up on the matte~ tomo~row. The~e is about one thousand. ti~es left on the property. Part of the pu~chase agreement was that all the tires be removed. c MOTION by Jacobson. Seconded by Perry, a ResolutIon app~oving the request of MIchael Strauss for a SpecIal Use Permit to locate a retaIl business In an IndustrIal DIstrIct as requIred by OrdInance 8, SectIon 7.03 on property described as Lot 4, Block 1. PankonIn AddItIon, Anoka County, MInnesota, as presented. wIth the addItion that the SpecIal Use Permit Is lImited to the operatIon of a mall-order or phone-in four-wheei drIve parts busIness. (See Resolu~ion R079-89) Motion carrIed unanImously. . ANOKA COUNTY PARKS SPECIAL USE PERMIT . MOTION by KnIght, Seconded by Orttel, the Resolution approvIng the request as presented. (See Resolution R080-89, SpecIal Use Permit to construct a public utIlity use structure) Motion carried unanImously. HEIDELBERGER VARIANCE Planning CommIssIon Chairperson Pease revIewed the CommIssion's recommendation on a spIlt decIsion to approve RIck and Marlon Heidelberger's request for a variance to allow the completIon of a non-conformIng garage currently under constructIon at 2052 Bunker Lake Boulevard. The orIgInal buIldIng was started 15 years ago. The two major Issues are its non-conformIty, as It is expanding a resIdentIal use In an Industrial dIstrict, and the garage is 4 feet closer to the front lot lIne than the house is. The buIlding Is Illegal and needs to be brought up to code. and Mr. HeIdelberger has stated he is wIllIng to brIng It Into complIance. Mr. HeIdelberger Is also wIlling to pay the double fees for not getting the proper permIt, and has agreed the structure will probably be removed when Bunker Lake Boulevard Is wIdened. o Mr. Blake noted the resolutIon specIfically states the garage would be only to house theIr personal vehIcles. (0 (0 o Regula~ City Council Meeting May 2. 1989 - Minutes Page 9 (Heidelberge~ Variance. Continued) Rick Heldelbe~aer - stated the ga~age Is fou~ feet close~ to the ~oad than the house. If Bunke~ Lake Bouleva~d is widened o~ if a se~vice ~oad Is put th~ough the~e. between Hanson Bouieva~d and his p~ope~ty eight othe~ buildings will have to be ~emoved as well. In the meantime, it is a good ga~age. He stated he is willing to pay the double pe~mit fee and is willing to have a structu~al enginee~ see that it has a strong enough roof load. He stated this ga~age is not hu~ting the City no~ would it cause any p~oblems until the service ~oad is put in. The ga~age will be used st~ictly fo~ pe~sonal vehicles. Council discussion was on the two majo~ issues of non-conformance and setback. Some questioned that because the ga~age was started 15 years ago but was neve~ finished does not mean the~e is a ha~dship involved. which is the c~ite~ia fo~ granting variances. M~. Blake stated the position of the Building and Planning Depa~tments is that no ha~dship exists so no va~iances can be g~anted. The Planning Conunission felt the hardship is because the p~operty was altered by M~. Heidelbe~ge~'s fathe~ who sta~ted the building 15 yea~s ago. Approving the va~iance is intensifYing o~ allowing a non-confo~ming use. M~. Blake also ag~eed the main issue is the expansion of a non- confo~ming use. not necesesa~ily the fou~ feet. M~. Heidelberaer - stated the garage is ba~ely visible from Bunke~ Lake Boulevard. The walls are built into the bank. almost like a basement. Only the roof can be seen f~om the road. The area was used as a pa~king a~ea and turnaround for all these years. He has now decided to put the roof on so it can be used to house the ca~s. MOTION by Jacobson. Seconded by Knight. that we direct Staff to p~epa~e a Resolution denying the variance request arid have that motion befo~e us at the next ~egular Council meeting. DISCUSSION: Mr. Blake stated denial of the va~iance means M~. Heidelbe~ge~ would be requi~ed to ~emove the enti~e st~uctu~e. This issue has gone into litigation but it is awaiting the decision of the Council on this va~iance. Councilman O~ttel stated if the motion is app~oved. he didn't feel it is ~easonable to ~equi~e the complete ~emoval of the st~uctu~e. The walls have been bu~ied in the g~ound fo~ 15 yea~s and a~e like ~etaining walls. He felt Just the ~oof should have to be ~emoved. Motion ca~~ied unanimously. ECHO HILL PRELIMINARY PLAT Robert Heliker - stated the county ~equires 66-foot wide driveways coming onto the ~oad; howeve~. the d~iveways themselves will not be that,wide. M~. Haas stated the houses on Lots 1 and 4 do not meet the ~equired SOO-foot f~ontages and will needs va~iances. Va~iances a~e also needed for five lots that access onto the county road. ,<:r;t"..~. !.,"",. ..,.,.",:~.~ o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION DENYING THE VARIANCE REQUEST OF RICHARD AND MARIAN HEIDELBERGER TO ALLOW THE COMPLETION OF NON-CONFORMING ACCESSORY STRUCTURE IN FRONT OF THE PRINCIPAL STRUCTURE, ON PROPERTY DESCRIBED AS THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, Richard and Marian Heidelberger are property owners at 2052 NW Bunker Lake Boulevard and are requesting a variance to allow the completion of a non-conforming accessory structure in front of the principal structure; and WHEREAS, the accessory structure was initially started without proper building permits more than fifteen years ago by the previous land owner; and WHEREAS, the accessory structure was placed four feet in front of the existing principal structure approximately 86 feet from the property line; and WHEREAS, a roof was added to the structure within the past two years, again without proper building permits and approved plans; and WHEREAS, the Andover Planning and Zoning Commission reviewed the proposal at their August 22, 1989 meeting; and WHEREAS, the Andover Planning and Zoning Commission held a public hearing, no opposition to the proposed variance was heard; and WHEREAS, the Andover City Council found that no hardship based on the unique characteristics of the land, such as topography, wetlands, shape of the land or steep slopes, exist on the property; and WHEREAS, the property is part of the City's Tax Increment Financing Redevelopment District and the expansion of a non- conforming use would not be in keeping with the development plans of the district; and WHEREAS, the removal of the roof structure would not preclude the reasonable use of the property as the property has existed for many years without a completed garage. o o NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to deny the variance requested by Richard and Marian Heidelberger to allow the completion of a non-conforming accessory structure in front of the principal structure. Adopted by the City Council of the City of Andover this 5th day of September, 1989. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 5, 1989 ITEM NO, 6. Crosstown Blvd. Storm Drain ORIGINATING DEPARTMENtT Engineering < BY: James E. Schr ntz AGENDA SECTION NO. Discussion Items The City Council is requested to schedule a work session to discuss the following staff proposal for the Crosstown trunk storm drainage and proposed cost apportionment. John Davidson, John Rodeberg and I met, discussed the reports, records and proceedings the City followed in establishing the trunk storm drainage system for Crosstown Boulevard from 300' south of 139th Avenue to Coon Creek. We discussed the City's assessment policy that has been used in the past for storm drainage assessments. We related the policy to Boulevard drainage area. square foot. John Rodeberg is preparing the proposed cost apportionment for the tributary/benefitting properties (the proposed cost apportionment will not be ready until September 8th; not in time for the Council meeting) . the area tributary to the Crosstown The resultant rate is 4.1 cents per We recommend, due to the number of reports and the number of projects that were concurrently being constructed for existing and new development, that the City use the report that TKDA is preparing and hold a public hearing for the trunk storm drainage improvements that have been constructed, per Minnesota Statutes Chapter 429, then proceed with an assessment hearing after proper notice to the property owners. This storm drainage project was discussed with the City Council and the developer throughout the construction process. The assessments to the tributary/benefitting properties must be levied through the 429 process. COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 5, 1989 ITEM NO, 7. Kirby Estates Park Dedication BY: Todd J. Haas ~Jt'( AGENDA SECTION NO. ORIGINATING DEPARTMENT Discussion Items Engineering The City Council is requested to discuss the park dedication of Kirby Estates as requested by Kay and Wayne Olson. The City staff hired an appraiser, Curtis Larson, as allowed by ordinance to determine the park dedication of the general area of Lot 3, Block 2 as requested by the Park and Recreation Commission. The park dedication is consists of 5.98 acres consists of Outlot A. purchased by the City. $5,520 for 0.6 acres. The entire plat (gross land area). This acreage also Outlot A is part of the plat and will be Curtis Larson will be here to discuss this item or answer any questions the Council may have. If the Council would like to review the appraisal, it is available at City Hall Engineering Department. MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION september 5, 1989 BY: AGENDA SECIION . NO. Sta-t-t, Comm~ ttee, Commission ORLGINAtlNG Plann~ng ITEM NO. Compo Plan Consultant REQUEST The Andover City council is asked to formally select the consultant for the update of the andover Comprehensive Plan and Development Framework. The Planning and zoning Commission interviewed the top three consultants (BRW, Urbanalysis and Urban Planning and Design) at their August 8, 1989 meeting. The minutes of that meeting are included in this packet. References have been contacted for all three candidates and no negative comments were received. PLANNING COMMISSION RECOMMENDATION: Commissioner Ron Ferris made a motion to recommend to the City Council that urbanalysis be selected to work with the City to update the Comprehensive Plan. The motion was seconded by Don spotts and carried unanimously. COUNCIL ACTION MOTION BY TO SECOND BY o CITY of ANDOVER ANDOVER PLANNING AND ZONING COMMISSION MEETING MINUTES AUGUST 8, 1989 The regularly scheduled meeting of the Andover Planning and Zoning Commission was called to order on Tuesday, August 8, 1989 at 7:35 P.M. by Chairman Rebecca Pease at the Andover City Hall offices, 1685 Crosstown Blvd., Andover, MN. Commissioners Present: Chairman Pease, Ron Ferris, Bev Jovanovich, Don Spotts Others Present: Jay Blake, d'Arcy Bosell, Jim Schrantz Approval of Minutes: MOTION was made by Ron Ferris to approve minutes of July 25 Planning and Zoning Commission meeting. Second to motion by Don Spotts. Minutes approved. Ron Ferris noted that reference to item 4 on the July 11, 1989 Planning and Zoning Commission meeting minutes ommited presentation. MOTION was made by Mr. Ferris to approve minutes as presented. Second to motion by Bev Jovanovich. Minutes approved. Jay Blake explained the process to be followed for interviewing the three firms applying to .be hired to work with the city in developing the Andover Comprehensive Plan Update. Each firm was asked to make a 10 - 15 minute present- ation and allowed an additional 20 minutes to answer questions. Mr. Blake provided commissioners with a .suggested list of questions. List attached to minutes. Mr. Ferris noted that questions #6 and 7 were covered by all three firms in proposals submitted to commission. He recommended commission not ask firms to repeat answer to those questions. Commissioner Spotts suggested questions be asked that relate specifically to our community. Mr. Ferris stated that questions #3, 10 and 11 are strong, important questions that should be given priority. Commissioner Pease added that the presentations may spark additional questions. Commissioner provided by firms. response. Ferris asked Mr. Blake if he had contacted the references Mr. Blake did contact references and received no negative The three firms interviewed by, the Planning and Zoning Commission are URBANALYSIS, BRW, and Urban Planning and Design. o URBANALYSIS Dr. Robert Wuornos gave the presentation for URBANALYSIS, a Minneapolis based consulting firm specializing in urban and regional research and planning. Robert Wuornos earned his Ph.D in Urban and Regional Planning .cont 'd... o o Andover Planning and Zoning Commission August 8, 1989 Meeting Minutes Page Two from Michigan State University. His multi-disciplinary doctoral program includes concentrations in urban planning, economics, and transportation. The primary focus of his doctoral studies was land economics, interactive human activity systems, and theories of transportation-distribution systems. While pursuing his doctoral degree, he served as an instructor of planning communications and land use design courses for the Department of Urban Planning, Michigan State University. Bob also holds a Master's Degree in Urban Studies from Mankato State University. Bob has extensive professional experience with problems related to economic development, land economics 'and location analysis. He has worked with cities, developers, and business owners in a variety of situations requiring an analytical framework for decision making. His vast experience includes preparation of comprehensive plans and growth management plans for cities; retail market studies for municipalities and private clients; location analysis for private firms; site analysis and design of commercial, industrial, and residential lands; site and dock design ror, numerous marina projects; and preparation of environmental assessments. , 'i . ~ " Prior to organizingllRBANALYSIS, Dr~ Wuornos served as the director of planning for the architecture~engineering-planning firm of Van Doren-Hazard-Stallings; served as an instructor in the Department of Urban Planning at Michigan State University; and seryedas administrative assistant for the City of Hopkins, MN. .i.~:jf:'-Jr Professional servic:~~.offered by URBANALYSIS include but are not limited to: . '.';~:;~~i'::~j\' Robert Wuornos drove the city twice with Jay Blake and flew over once to become familiar with 'area and to photograph area for slide presentation. The slide presentation'shown'to~cornmission by WUornos is titled "Growth Management and Land Use Planning for the City of Andover." Wuornos noted that an image problem may exist for the city due to the auto salvage area in the southeasterno'corner of Andover. He does feel the area is screened from the ground fairly well. The old city dump is barren but wide open and presents options for recreational use, according to Wuornos. An aerial view of Round Lake shows substantial recession of the shoreline, particularly on north end. Wuornos added that URBANALYSIS has recent experience with problems regarding shoreline management. A slide of the Rum River suggests areas for shoreline management. Wuornos noted that developing additional public access to river can be a consideration for city. cont'd.. . ---~-~ Andover Planning and Zoning Commission August 8, 1989 Meeting Minutes Page Three o Wuornos states a problem for the city is obtaining revenue to develop its ample park lands. URBANALYSIS would study this issue and work with the city in area of park development. Transportation is a major factor in the Comprehensive Plan. Wuornos pointed out to commission that Andover has no state or federal roads, only county roads. Wuornos states that to provide better transportation, some county roads could be expanded to four lanes and bike trails should be developed.Wuornos has much experience studying development of bike trail systems and wrote the original bike trail guide for the DNR. He has traveled European bike trails and studied the system in Holland. Wuornos outlined the process used by URBANALYSIS for growth management and land use planning: 1) Problem Identification 2) Establishment of goals and objectives 3) Inventory 4) Analysis 5) Preliminary Plan Preparation 6) Evaluation/Revision 7) Implementation WuornoS stated that URBANALYSIS would work closely with Metropolitan Council to comply with their guidelines, and most importantly work closely with the city of Andover. Wuornos explained the evaluation process by showing slides of evaluation of Elk River. He explained that maps of flood plains, prime agricultural sails, water tables, areas of significant slopes, areas of large vega tat ion and areas of high gravel content are all 'put together in a restrictive composite to show areas most appropriate for development. Wuornos noted that URBANALYSIS is aware of the citys concern regarding 2 1/2 acre lots. URBANALYSISrecently worked on a similar project with the city of Lino Lakes, that met with the approval of Met Council. URBANALYSIS has developed a computer model that allows them to make projections useful for determining retail and community facilities. URBANALYSIS has experience in the area of industrial development with tax increment financing. Wuornos concluded his slide presentation and asked for questions from commission. o Ron Ferris asked how URBANALYSIS would gather input from the public. Wuornos answered that he would meet with the Planning Task Force and prepare a survey for 1,000 households. The survey would be a clustered random sample. Ferris questioned if equal input would be sought from urban and rural areas. Wuornos stated he would try to balance geographic response. Mr. Ferris asked when in process survey would be done. Wuornos explained the survey would fall under Step Two - Establishment of Goals and Objectives - in the process. He adds cont'd.. . ~-- ~----- -- ~~~-~---- --~--~ Andover Planning and Zoning Commission August 8, 1989 Meeting Minutes Page Four o that in a review of the existing Comp Plan and establishment of new goals he would work closely with TaskForce, preferably meeting on a monthly basis. Don Spotts asked Wuornos if the Metropolitan Council accepts development projections by URBANALYSIS. Wuornos replied that full development can be fairly accurately projected by restrictive composite and Met Council has accepted his firms projections. Don Spotts asked if URBANALYSIS has studied Andover's existing Comp Plan. Wuornos states he has looked over plan and is familiar with work of writer of plan. He eXplained that today planning is approached in a different manner. Bev Jovanovich asked Wuornes what he sees as the key concerns faced by the city. Wuornos listed the following issues: 1) Establishing acceptable lot size for development, urban versus rural 2) Re-establish urban service area 3) Transportation needs - presentation of city in favorable image 4) Parks and recreation - establishment of a trail system for safety and recreational use 5) Commercial development - should not be eXClusively on southwestern edge of city Wuornos feels there are many opportunities for the city of Andover. Rebecca Pease asked Wuornos what role he feels the Planning and Zoning Commission would have in the process. Wuornos was under the impression ,that the Planning and Zoning Commission would serve as the task force. He sees the task force as the local experts and URBANALYSIS as the provider of information. Pease asked how the city staff and city council would be involved. Wuornos sees staff as being very involved. He feels Mr. Blake would be a liason and relied upon for almost day to day input/contact. Wuornos stated that usually a city council member serves on the task force. Ron Ferris asked Wuornos to describe method of fiscal control used by URBANALYSIS. Wuronos replied that each task is closely tracked to insure project remains within allocated budget. Mr. Ferris asked if bid in proposal is a "not to exceed" price. Wuornos stated cost would not exceed bid. Don Spotts asked Wuornos for more information on a survey. Wuornos replied that with assistance from city staff a survey could be done more cost efficiently. Mr. Ferris asked Wuornos if URBANALYSIS typically does a mailer to survey citizens when developing a Comprehensive Plan. Wuornos answered that the Elk Rivercomp Plan work included a mailer. Ferris noted that the return on mailers is usually quite low, typically 3 to 5%. Wuornos allowed that the Elk River return fell within that range. He proposed doing a telephone fOllow-up to survey using his firms interns to keep the cost down. o cont'd.. . Andover Planning and Zoning Commission August 8, 1989 Meeting Minutes Page Five o Wuornos was asked if it would be pqssible replied that existing maps could be used format for overlays.;, to reuse existing maps. Wuornos they would be put in a different Wuornos asked to comment on the'impending,manufactured home pa~k. He has developed three mobile home parkS and isi;of',the opinion parks should be designed to be least intrusive to surrounding,;'C()~wlity; The'process used by ,'- ..-',', -, \',"";r.-,..'..,-.." URBANALYSIS for design of a manufact ';'park;ill ludes the following: .",: Ie' .. "',;;,';.;r;,, ~..-"'" ~'" ~, .:'<h"',;(- . HY;!> 1) 2) 3) 4) Identify site Identify zoning Analysis ' Composite and surroundi~g~~r~~s , :;~,:'x~;i:~~~r\;,. :."?(.-5.ci: .'...;....;' Wuornos showed commission drawings of a manufactured home park he designed that is buffered from,~surrounding community by'30 feet of vegatation and includes a large park, bike and walking trails'ane"ample access for police and fire emergency' vehicles., , ; A final question to Wuornos asked by Pease was "Why should we hire URBANALYSIS?" Wuornos answered that his firm's: strength lies in significantly higher academic preparation than competition. , URBANALYSI1:! couples a 'tremendous design back- ground with a strong analysis background.:', Also, 'commission can be assured they will have ,'the partners working for them, rather than entry level planners. Wuornosexpressed regret that his partner was unable to meet with commission. He explained to commission that URBANALYSIS had two scheduled commitments for this evening. Wuornos concluded by presenting commissioners with a handout on URBANALYSIS, attached to minutes. Urban Planning and Design John Voss outlined presentation to include background information on: Project Team Experience Challenges and concerns in Andover Planning Process Planning Goals The project team will consist of four people: John Voss, Project Coordinator and Principle Planner, Urban Planning and Design; John Davidson, Civil Engineer, TKDA; Alv.in Juhlin, Landscape Architect, Urban Planning and Design, and Jay Thomas Kirk, Environmental Engineer, TKDA. Alvin Juhlin graduated from Iowa State and has 30 years experience in landscape architecture. Most of those years he has been associated with John Voss. In the early 1980's Juhlin worked in Germany as a landscape architect for Community Center Development. Other experience includes soils analysis, vegatation analysis, planning and design of over 100 parks, trail development and wildlife habitat. o cont'd.. . ~~-~~--. o o Andover Planning and Zoning Commission August 8, 1989 Meeting Minutes Page Six John Voss founded Urban Planning and Design in 1968. Prior to that, Mr. Voss held positions as Planning Director for the city of Coon Rapids, Planning Director for the city of Hopkins and Assistant City Planner for the city of Bloomington. Urban Planning and Design has much experience working with 2nd and 3rd tier suburbs. Urban Planning and Design began working for the city of Apple Valley in 1968 when the population was less than 6,000. Apple Valley now has a population of over 33,000. Urban Planning and Design has prepared all Comp Plans in recent years for the city of Eagan. Urban Planning and Design is planning consultant for the city of Dayton. Urban Planning and Design has worked in excess of 50 communities. Mr. Voss feels the experience of Urban Planning and Design working with "growth" suburbs is very relevant to the city of Andover. Also, Mr. Voss has experience as an elected official" having served on the Metropolitan Council Transportation Advisory Board, was chairman of the Mosquito Control District, dhairman of the Safety Zoning ~oard of Minneapolis/St. Paul Airport. Mr. Voss stated he is no longer serving on these boards and devotes his time to Urban Planning and Design. John Davidson, TKDA has a background in civil engineering for over 30 years. lie served as the first full time civil engineer for ,the city of Hastings, and was Director of Public Works for 5 years with the city of Inver Grove Heights. Currently he has worked for TKDA for the past 11 years and since that time has been the direct contact for the city of Andover. He. has worked with and studied the urban service area for Andover. Tom Kirk, Environmental Engineer has been actively involved with Mr. Davidson in areas on sanitary and environmental needs. Challenges for the community include developing an urban/industrial/rural balance. Groundwater contamination is another area to be watched closely; Andover has a high groundwater table. Pollution problems relating to solid and hazardous waste once stored at salvage yards is yet another area of concern. Park land acquisition and development will be studied by Urban Planning and Design. Park commission will be another part of the working team. The process of putting plan together will involve a relationship betWeen public, Andover officials and Urban Planning and Design and TKDA. Mr. Voss stresSed the importance of public input. He suggests a survey be mailed to residents similar to a survey successfully done by his firm when working with Inver Grove Heights. Mr. Voss proposes "listening hours" where staff from Urban Planning and Design would be available at city hall to answer questions one on one and speak to residents who don't wish to voice their concerns at public meetings. Another goal of Urban Planning and Design is to write Comp Plan so it can be easily read and understood by residents of city. In summary, planning goals are: 1) Working Document 2) Orderly Development cont I d.. . ~:- f: l... .s Andover Planning and Zoning Commission August 8, 1989 Meeting Minutes Page Seven o 3) Planning Organization 4) Sound economics to promote commercial and industrial development 5) Quality living development Mr. Ferris asked if the bid price ($44,400) in proposal is a "not to exceed" price. Mr. Voss replied it is a not to exceed figure, but before committing to that figure Urban Planning and Design would meet with task force/commission to insure all services needed by the city are covered in that bid. Don Spotts asked if Urban Planning and Design projections for Maple Grove and Coon Rapids have been on track. Mr. Voss answered the Coon Rapids projections were too long ago for Mr. Voss to accurately reply. The Maple Grove projections are on track. Bev Jovanovich asked what methods the city of Andover should use to best manage projected population growth in the next five years. Mr. Voss answered that two major areas would be establishment of lot sizes and determining areas for expansion of MUSA. Other methods of management include implementation of Comp Plan, development of ordinances and hiring a zoning code enforcement officer. Chairman Pease asked what Urban Planning and Design sees as the role the Planning and Zoning Commission will have in process of development of Comp Plan Update. John Voss replied that the Planning Commission is charged with the Comprehensive Plan. He feels the Planning commission would be the lead agency in preparation of Comp Plan Update. Most of Planning commission's involvement would be centered around adopting goals and policies. Planning commission would present plan at public hearing and next to city council. Pease questioned the role of city staff in update of plan. Mr. Voss answered that on a daily basis Jay Blake will provide background information and staff input. Pease asked how city council will fit in. John Voss states city council must be in accord with plan and that council members should sit in on meetings. Mr. Ferris asked how Urban Planning and Design would deal with a controversy such as manufactured home park. Mr. Voss realizes the importance of this issue. His firm would supply commission with all possible information in order for commission to make educated decisions. Information would cover such issues as investment opportunities, and how appearance of park can be improved. Don Spotts stated he does not want a Comprehensive Plan that is full of rhetoric. Does Metropolitan Council look favorably on TKDA? John Davidson answered that TKDA has had above average success with Met Council when it comes to modification of urban service boundaries. o cont'd.. . Andover Planning and Zoning Commission August 8, 1989 Meeting Minutes Page Eight o Don Spotts asked Voss to comment on mailed surveys. should be short and simple, include a stamped reply up. He states a 23% response to past mail surveys. Mr. Voss replied surveys envelope, and be followed Spotts asked if Urban Planning and Design is receptive to door .to door surveys. Voss replied that method is very time consuming and expensive but obtains in- dep~h results. Unfortunately time and money would dictate that fewer households be surveyed face to face. d'Arcy Bosell asked what position Urban Planning and Design and TKDA hold on process proposed by legislation that Comp Plan be law. Mr. Voss is opposed to this legislation. He can not promise that an inflexible plan would be good for life of plan. Pease asked Voss what distinguishes his firm from others and why commission should hire Urban Planning and Design and TKDA. Voss replied that Urban Planning and Design has the technical ability and takes the time to build confidence. 90% of this firms involvement has been in 2nd and 3rd tier suburbs, which is an ideal fit for Andover. Urban Planning and Design has been in the business for over 20 years. John Davidson stated that TKDA has years of past experience working with Andover. He looks on Andover as a sleeping giant and feels TKDA can help "control" development. Along with Urban Planning and Design, TKDA will develop a usable plan that satisfies community at large. BRW - William Weber gave presentation for BRW, a Minneapolis based xirm specializing in urban planning, landscape architect, urban design, traffic and civil engineering. Weber holds a Master's degree in Urban Planning. He would manage team under the direction of the Planning and Zoning Commission, city Council, city staff and residents of community. Mr. Weber would be assisted by BRW staff as follows: Erik Ruehr, Traffic System; Bruce Miller, Utilities and Drainage; and Frank Svoboda, Wetlands and Natural Elements. BRW support services include word processing, in-house facilities for photo- copying and offset printing, plus strong mapping and graphics design communication. BRW has been involved in over 20 comp plans and is just completing a Comprehensive Plan Update for the cities of Shakopee and Hopkins. BRW is familiar with current Metropolitan Council requirements and procedures. Since 1978 Weber has been Consulting planner for the city of Vadnais Heights. He wrote their comp plan and implements plan on a daily basis. Weber feels it is inefficient to have another firm's engineer involved in process. BRW has an in-house engineer who is familiar with road system in north metro area. Weber stresses the importance of issue identification and conflict resolution. BRW would build camp plan on issues. He feels the existing camp plan is encyclopedic but not issue oriented. The BRW process is as follows: o 1) Identify issues 2) Establish objectives and policies 3) Develop physical plan 4) Implementation cont'd.. . Andover Planning and Zoning Commission August 8, 1989 Meeting Minutes Page Nine o BRW will place great importance on community participation and spend a lot of time with neighborhood groups. Weber proposes producing a monthly newsletter to keep residents informed and coming to meetings. In 1980 Weber managed comp plan for city of Anoka. Community.opinion survey would be sought by BRW. Public communication is very important and BRW will produce concise, easy-to-read text and readable maps. BRW provides a detailed bUdget and has good internal project management. Ferris asked Weber how BRW will spark public input and when in process will public input be sought. Weber replied that process will begin with a community meeting discussing what is right and what is wrong in Andover, and what visions are for city. Based on that information a survey will be designed to be mailed to 400 - 500 house- holds. This would be part of the 1st step - Issue Identification. Ferris asked if input would be sought from commercial interests. Weber suggests 36 people on steering committee to represent wide area of interests. Based on past experience he feels about half of committee members would attend each meeting. Don Spotts noted that BRW has very recent comp plan development experience. Spotts asked if plans were rewritten or updated. Weber replied that old plans were not used. Work involved writing of totally new plan. Pease asked what role Planning and Zoning Commission would have in process. Weber feels that entire Planning and Zoning Commission should be on steering commission to provide ideas, help identify issues and react to material submitted by BRW. Pease asked what role city staff would have in process. Weber answered that budget can be reduced by use of city staff. He would like to see Mr. Blake involved as much as possible and noted that Mr. Blake would play an instrumental role in community meetings. Pease asked how city council would be involved. Weber replied that two or three city council members should be part of steering committee. He warned that too many council members on steering committee could tend to silence residents. Spotts asked if Weber has been instrumental in presentation of comp plans to Metropolitan Council. Weber replied that Met Council does not allow oral present- ation. Ferris asked what Weber sees as the 5 biggest issues faced by the city of Andover. Weber listed issues as follows: o l) Relationship of housing within MUSA boundaries 2) Preservation of wetlands and woods 3) Creating a sense of community 4) Traffic control cont'd.. . Andover Planning and Zoning Commission August 8, 1989 Meeting Minutes Page Ten o 5) Industry and Hazardous Waste 6) Dealings with Metropolitan Council Pease asked Weber why commission should hire BRW. Weber answered that he feels BRW has more recent experience in comp plans than his competitors. He believes BRW can provide better graphics. Weber has day- to-day experience (consultant to Vadnais Heights) in implementation of plan. He feels BRW has the most experience in public communication. The fact that BRW has a complete in-house team adds to their effectiveness. BRW wants to do this job for city of Andover. Weber concluded presentation by providing commission with hand out regarding BRW. Copy attached to minutes. At conclusion of presentations, commission began discussion of applicants. Ron Ferris stated that URBANALYSIS ranked highest in his opinion. He feels it was obvious they did their homework and presented commission with an impressive list of issues. Drawback would be lack of experience with Met Council but Ferris doesn't see this as a major issue. Ferris has a concern with Urban Planning and Design in that TKDA is presently employed as consulting engineers for the city of Andover and it would be difficult to seek a second opinion on this project. He also feels TKDA had the best opportunity to make presentation based on knowledge of city but failed to do so. BRW has a lot of resources that outshine competition but their proposal seemed disjointed to Ferris. Ferris felt proposal was generic in that issues could pertain to any city. The strength ofRW is their recent experience in several comp plans. spotts stated he favors URBANALYSIS and pointed out that regardless of firm we hire, TKDA will remain available to city. Bev Jovanovich asked if it is really necessary to hire an outside firm to do our Comprehensive Plan Update. Jay Blake replied a project of this size would require at least 750 hours. City staff is not adequate in size to do project. Blake feels budget reasonable and by spending $40,000 up front, city will save money in long run. Pease agreed with Blake adding that city needs input from outside sources. Pease feels URBANALYSIS did homework and likes Wuornos' ideas on citizen participation. She felt Urban Planning and Design did not clearly list issues. She was concerned that BRW would take charge of project without proper regard to city input. pease favors URBANALYSIS. cont'd.. . o o o , , Andover Planning and zoning Commission August 8, 1989 Meeting Minutes Page Eleven Blake noted that Wuornos spent a great deal of time in community. His concern is the limited amount of experience with Met Council. Although Blake was disappointed in Urban Planning and Design presentation, he feels their past experience with Grow Township is a plus and therefore favors Urban Planning and Design. Blake feels our project may not be priority with BRW. Pease did not feel a 36 person steering committee as recommended by.BRW is feasible. Ferris states the major issue facing Andover is how fast do we want the community to grow. Chairman Pease asked commissioners if they were prepared to make recommendation to council. Ferris stated he is prepared to make recommendation. d'Arcy Bosell suggested commissioners review proposals and make comparison to presentations. Recommendation could be tabled until next Planning and Zoning Commission meeting. Don Spotts felt prepared to make decision at present meeting. Bev Jovanovich preferred d'Arcy's suggestion to table decision pending further study. Rebecca Pease felt prepared to make her recommendation. MOTION made by Commissioner Ron Ferris that the Andover Planning and Zoning Commission make recommendation to Andover City Council to award contract for Andover Comprehensive Plan Update to URBANALYSIS. Second to motion by Don Spotts. Commissioners present were polled and all agreed to motion. It is noted here that commissioners Gretchen Sabel and Wayne vistad were not present for interviews/presentations and did not vote on motion. Jay Blake stated motion will be brought to city council at their 9/05/89 meeting. Other Business Jay Blake informed commission that the Anoka area VFW is purchasing one lot with an option on additional lot. Bill Bernard resigned from the Planning and Zoning Commission due to time constraints and to pursue other matters. MOTION to adjourn made by Ron Ferris. Second to motion by Don Spotts. Meeting adjourned at 11:00 P.M. Respectfullx submitted, ~~~ ~~ T~eresa Hogan o o o o (/) - c (1) E - c (/) tn (1) .- (/) E (/) (1) tn >- >- (/) c. - .c .- ea (/) 0 tn C c. <C - >- (1) <C ea - .. - > ea c:n ea (1) c CJ C) - .- 0 -c c C <C .c - (1) CJ CJ C. 0 ca.- E .- .- ea .c C/)Cc c E E .. D. C) 0 0 0 0 - -- 0 C .. c c ea .- E .- (J) .- CU > 0 0 ... c CJ CJ (1) (1) >- C)- w w w C <C (l)D. . . . . . -...Ia:-c ~"CC C) c eca .- c c <( ca.c c en 0 ea c .- - - CO c e D. .- ea c (1) C N .- c 0: ca as (/) ea - :J - ea C) D. - .- :).Q(I) .- (/) '0 - > (/) (1) J...(/) (1) (1) c c a: .- c ::)(1) ea (1) '0 (/) .... E - ::J .- '0 II: (1) (1) CJ - (/) c .- tJ) >- ea > C) ... - - .- ea (/) - ea (/) tn C .- (1) c .- c C .=.:: (/) (1) ea ... <C >- .c :!: en ea c - (1) en :!: ea .c 0 c .. (1) .- <C c. i c - - .- ea E .- as (1) 0 en - CJ 0 ::J (1) 0 - ... .- 0 CJ m a: ...J tJ) . . . . . . o ==-=Q'O'OcA"''O.....'O'" .... <<l e <<l,c: = = '" <<l = 0 0 .S:l ..~O.o~S d ~"c:t d ......CQ~ 0-508 CJi......IU(/)a3 E .d .... 0 . rd e ~ c; = S >. (J) ~ ::E "0 a ~ ~ ~ ~ .9 ~ .~ = e:- = ';:l ~ = Q ~ ... ... <<l :E El l:l ... ~ .~ '" .$3 .:l .~ !..~ oS o .... Ci '0 ~ = ~ ::l Q =::> 13 <l:l :s. ~ 9- -5! :~ P- ~ S Cl ::> = = et) U 0 {/) +-' loo-4 b.O e l3) Q)'- . 1-4c:=.~..:::=-~;0)8..=+-'l1,)O ~ '8 "'9 S e ~ = ;;, ~ +-'. $9 lU .- cu.....--....o 1- 1-l(l)I-l~ ...:::= ...~=<<lbl)O bl)Q (J) S ::l 8 '0 15 = .9 Ci = .... a ~ .~ o ~ e = = '0 ::l ... ... 'E lj bI).... = Z_ 8<<l '<::5g=",:a",::> ~ d.;a . *" (/) (1) 1-l"O d loo-4 U .. O = :I: lj :a .~ 0 - ::l.... ~ Q o (/) .- .... ~ en O-c 8 Ioo::::'l .... ~ ~ .... Q S ..... (,) ~ :a ,<<;'" ... ~ ~ ~ -g g 0 ~e bI) 'Ci = oB~ (J) ,..; ._ _ ~........ - OJ) = 0 . J..'.4 ~ C,) 0 ::3 = .:::...... .- .-. .... ...:l "' = (,) (,).... ..... ::l, 0 l3 = <<l <<l "'d ...., .- d) ... 0 (/) ...... ....-4 d ,:.::: d .~ <9 ~ 1-l g .-.." d ~ r::: !:2<<l=SoB.... g....QA:-<<l f;r.l =::> e .~ ~ g .~ Q 'gj gj =,g:21 ~<<l2b1)c::s=o:;::....,o<<l S o -e $9 e ~ ';:: ~ ~ :; = = of ~ 0 ~;:J(J) c::>..c::>..c::>..as...... <<lS::> <<l<l:l <l.l"-' ,0 0 ... - <l.l en U ... .... t:: ell ... o..~ t::t; <l.l t:: .~ 0 OJ)U ell ;g '+-< 0 o 'C <l.l ell '" ~ ;::l '" ... ... ~-Sa'.J;:i .-'- U .D ~ ~ .- <l.l 0.. ~ <l.l i;I'J 0_ Q) "0 ,0 '" ;::l - '" - @ t:: _ g O 0 ell .- ... t:: ~t;;ou) <u .--I .- ~ o..2::~UJ '" OJ) J:l ~ .~.s 2 ~ 'S-gp.~ rI.lu)~ ~s ~U5t)en~"O .- ~ 2:: "@ ::> .E t ~ :.a .& >-'s r~ ~ ell g ,0 ;.::: 'l.#J. ...c:= ,- OJ) a "0 '0 ~ ~ g ~ t:: ..= ~ .... <l.l ~ <l.l ~::>-S-So~ '" <l.l '" ;::l ~ g UJ .- ~~ ~~ ~ 0 ~... ::> ,0 U ell dOt; .9 a <l.l 0 ... 0..,0 ... -@eIl-gg '" t:: ell ..".., 'BeIlt;.g .5 <l.l '" ...,0,0"0 0.. g .!:P ~ 0",,0_ o ;..:::::::;:::;::::::;:::;;:::;::~;.:::.; /\/f1/:/:rmH\\ff:::::::t:" "." "'::;:;:-:::':;:;;:::::::;;;'::;::; :::<;::::::::>:<<:}>>\>>:?{::: '.::::::f:::::::::::_:::::::;:::::::::..::::t:::;:::~:::::::~~::~~:::~njJtJj:::::::::!~:} Iii."'.,..',',.."....,..,..,....,,.~...): ..:::>,.:).;::.:::':':::::.:. . - ~ ::;~:::}~:)?~:::::::~:}:::::::::::. .i~ ==I ~B~~. .~. ~ == '...~....~.......................... ~!i~ffi~I ~ ~ =~~i ~:i~i~~ ........I..~.".................'....,.b~..........'.........,..'..'........'.~.......i,ll ..I,.,..,..,...~..............,',.,.....',~.'...~,..,."."0Il,"'."",,, ~ -~ :::~:.::~.:::~lil:t:i::ii:~) ..= "CJ "3 ~ - ..... tU ..."t:) ... ~ C:; 0 ~ a ~ ~ .~ ~ .~ .~ ; e .~ .... ~ - t).- >- -~'o ~ ~ = = O)..,l'<>"'- Q ::lbl)O o = ;> ~ ::l .~ .<:: ... lj Q '0 ':;] ';:l .@ s ~ ~~::c ~e.SE~.=~ ~ ... c::>..'<:: 0 c::>.. <<l';;:~ c::>.. Sl .2 ~ "'; . as ~ .~ !:l..~ ~ e >::'Q.....lj bI) _..........oc::>.. Q~ =bI)=.....c::>..=,SQ'tl _ 'tl cA.... = 32 0 ...::l S 'tl ::l <.) .~ gj '1:: <<l = = S.~ S 'g ; o ';:::! _ .0 'S S .9 ~ -'=' 8 <<l ....c ~ ~ ar ...., ~ ~ ~ ... ~ g a ~ ... = ~ ~,S a 'Ci .~ ~ ~ o s< = .9 c::>.. = = = .~ Q ... as 0 <Ii "'.~ ~ <<l l3 0 bI)" 8 S ~ -....c:u = U ~ e .- .- .- ..gj ~ rn oCii OQ 'O"'lj=l3 ~ ... (,) go';:l 'Ol3 .<:: a 13 '0 <<l <<l '" .~ 13 .9 ~ E ~ ~ ~ rn .9 "CJ : '2 ~ ~ ..... "CJ ~ .- 0 u 0 ..... en- = ~ ~- ~ .:g = "CJ rn ~ = ~ 11) ~ ~ .= c::! g ~ Q <<l .... bI) ~ = '" = '" ~ IU ~ .. ~ ..... ~ 11) .- 11) ~ lj l3 0;:: 8'0 <<l:::: ~'O '" Q '" ~....... 0 = c:: S (,) _....::l S <<l '" S~ <> Q <<l Q <<l l3 0 = "=~OU~gj~;:::rn_""';~~8 ~ '8 8 ~ .~ E ~~ '~.g.~ 'g ~.~ .....c::>..OJ::O......Qc::>.....c::>.."'<<l=Q I:ll) = ... = = c= - ~ 4) '" ~ "t:l = j ~ ... 1:1 = c= - ~ == o ... ... ~ ... '3 .;: ~ ~ ... 1:1 4) e ~ ~ = c= ~ 1 ~ * ... y ... J-. ... '" S '" '" ~ == ... '" = = * ~ ... '" == 4) -= ~ c.. e o u * "0"05"'....0 <l.lt::....o,s... ~eIlt;:lE"'"o ,ot::<l.lO<l.l.Evi ~ .p ,0 g .g ~ ~ o sf.-<",,: 5 !::t; ~ t:: ciJ....:l ~ ~ ~ <l.l .- .S 1::: ell ~ ~ S OJ) t:: <l.l S :a ';> .- c ~ ,0._ 0 ._ '" 'N ,.- 0 ~ ~ 1:) ""';.::: o..~ <l.l 0.. ell ell ell "" .~ "0 ...: 0 OJ) t:: '" ~ t:: ^ .... t:: ell .- <l.l ell ~ 0..';> 5 UJ Si",o ~~'O ;::l ........d~~~~~ UJlOiell"OeIl 8 ~~ ~.~ ~ 6- -g "O.t:: So. <l.l .- ell ell ._ ~ gp.... ~ ~ OJ) r~. ._ -:::::. OJ)'- t:: ~ - ... w .... ~ .,... ;::l ~~~s02~ ..= ~ c 'So '" 0.. ell "0 ~::>82::~s~..ffi '" 4) ... "t:l = ... 00 ... ~ c= ~ - :3 ~ * '" ... '" b c= ~ 1:1 o ... 5 ~ * ~13v=.S=~ = :> ... <<l ... ~';:l .9 ~ a ;> 0 :a <<l <<i c.o-U ..... ~_ 11) VJ 11) U .~ ~ 0 I"'J tIl .~ ::s ",,=:::,.- V) ~O..c::~=.c:iC:1U 'OEf::0~...'e2 t;i:';;~i~ a ~ -E e : .S '" . € ...; ~ .;: ~ 8 ~ .5 ::>Cl,S.....13,g,o..o.: E'lefbl) c;j:l.,~go ~~.sbl)~a~::C: = = '..0 ..... "'... bI)!3 .:: "'-.!:: _ 0 . =w..QlJ,..,~ ..= ._ Q.. = c: c: >. CJ)= <<s=~~.-::: = c:~__e; 0 U .t:3 S 0 c.c(j) _ ~ IU .- ~ ~ I I c: '._ ..= !3 _ 0 bI)'O Q ~ ... w ~ tl = ... S Q ::.0 ~ Q .... ~ ... :> Ci o .= ~ ~ t;j 08 ~ 0'5'0 Q:I: c::>..;:J E ..... ~ 11) = d 11) ~ ~ ~ ..s:: .- _ 11) CI 11) ..... Orn.....C'O~ -.~ .t::lUrn=OIU5~ ~~<<lQCl-E(J)<<l 1:1 I:ll) ... '" ~ ~ "t:l == c= '" -= 4) e '" '" 4) '" '" -< - .s== 4) e = e .;: == ~ * '" ... '" b c= = -< y '5 o = o y ~ * '" 'r;; >. 'B = -< y ... .c c.. e I:ll) o e ~ .~ * ... = ~ e c.. o - ~ ~ ~ y ... e ~ 8 ~ * '" ... '" b c= ~ ~ ... ... UJ * ~ S,g.=: a'.J a'.J'B~0~ ~ ~ ~ ~ f-4 .:-8 ~ =: B 'en ..= ell ~ ~ C <l.l ~ <l.l C ... 0 (.)...... 'U:::1~";:: cu~~ .-..... <IS t:: ...' IOi .- _~.c <l.l OJ) ell '" .... <l.l U ell <l.l,o, <Ll""" ~ ~ 0 ~ r-.................. rJ') ... 0 0..... "@ t:: 0.. ell '0 ~ ,g 5 t:: 0..... .- <l.l 5 .... ell t; ;::l .~ 0 t:: g ~ 0 oB~ eIlt;5 r:!"-'<l.l "'OUC ;::l .- IOi 0 i3 :'.... 'S: <l.l S 15. <l.l .... <l.l'S: 'O.c~ ,0 0 :a ~ 0..:'::'- t:: "0 '" g o <l.l t:: 0 t::,o '" <l.l t:: r:! 0 ... a ell a So:!.~ 0 -2' ell IOi .... "="0 ~,o~~ <l.lo.. U!U t::"'''O~'''u ;00.. ~ - '-:E ell '" .- 0 ell o .~_ "0"'0 ~ ~;El .;:l .... So. ...:t::'+-<....t::q)0t;;0"~ ~ ~ ~ .is 0 ,0 .~ .~ 0.. 5 S 2 ~ O~ <l.l.~eIl t; t) c.J.E,o 5 < ~ ,0 R '" t:: ~ '0 ~ ~ ~ .- <l.l ... ~ <l.l 0 <l.l IOi '" w <l.l ~ "0,0 <l.l 0.. ~ u .... 0 0 ... ..= t::'" ~ 5 ~ "O.S S a 0.. r...... 0;1 >.- 0 t:: t:: '" U ...,. 9< .. "" >-l ,0 0.. U ._ ell ell <l.l "" w w o o U) Z W > 0 - - Z l- I- 0 <C 0 w a: Z - .., <C 0 C/)U) ~ Z m - 0- U) 0 --.U) 0 0 w - ~~ > - - c > U) a: I- u. a: 0- w <C - Z - a: -J~ I- 0 U) I- <C Z -- Z Z I- ~ Z ~~ W U) Z :3 0 w C ..J W <C 0- - == - <C > Z ~ w <(~ :E 0 Z <C > ..J caZ G - a: ::) 0- W . . > <C ..J :E cx:~ ..J - J: - - <C m - Z - ~~ 0 (/) - > . :E - - w - a: ..J - > m ...I . 0- - <C w > . - I- a: U) 0- W . . > - - o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT September 5, 1989 Staff and Committees ~5.M 10. Computer Discussio Finance Howard KOOliCk~ Finance Director BY: BY: REQUEST The Andover City Council is requested to review the enclosed computer system research and give direction to the Finance Director how to proceed. BACKqROUND At the City Council meeting on July 18, 1989, the City Council instructed Staff to make a recommendation on the software with which they were most comfortable, including the cost of hardware. The enclosed proposal from Business Records Corporation is the result of this request. In meeting Council's request, the following factors were considered: 1. Overall functioning of the software based on demonstrations and discussions with current users. 2. The organization which would be supporting the software and their commitment to the governmental sector. 3. How the structure of the software would relate to the City. 4. The companies philosophy and record of upgrading and modifying it software. 5. The expandability of the system. COUNCIL ACTION MOTION BY TO SECOND BY City Council Meeting September 5, 1989 Computer Discussion o In doing this research, cost was not considered a major priority since Council seemed more interested in a system that would meet the City's needs. It should be pointed out that the system chosen is the most costly system available. Obviously, in actually selecting a system, cost will need to be considered. Business Records Corporation was chosen from the vendors reviewed (a list of which was included in the July 18th Council packet) based on the above criteria. The following is a summary of Business Records Corporation (BRC) based on the five criteria. 1. Overall functioning of software - BRC's software was viewed in a full day demonstration sponsored by IBM. The software is very flexible and easy to understand. The system is currently being used by Blaine and Columbia Heights, among others. To my knowledge, none of these cities have experienced major problems with the software. 2. The organization and their commitment to the governmental sector - BRC deals 100% with governments. While this does not guarantee that they will remain in the field, it is a strong indication of long-term commitment. Being a business partner of IBM requires they maintain certain standards for their staff and products. 3. Structure of software - Since BRC's software is in use nationally, their software is structured to handle a variety of account structures. Since BRC currently has installations in Minnesota, the software is structured to meet the City'S needs for account structure and program functions. However, this also means that there will be portions of the programs which will not apply or be needed by the City. 4. upgrading and modifying of software - As mentioned above, the software is structured to handle a variety of account structures and processes. Therefore, BRC has done some upgrading and modifying of the software, however, it is anticipated that little modification will be needed. Should the City desire modifications, BRC's staff is well qualified to program the modifications. Obviously, this would be at additional cost to the City. 5. Expandability of the system - Since BRC's software runs on an IBM minicomputer, adding additional terminals is relatively easy and inexpensive. Since one of the terminals in the configuration is a PS/2, there will be a wealth of diskette based programs available now and in the future. o Again it should be noted that, while the BRC software is a very good product, it is one of, if not the, most costly system available. There are several other systems available that would do the job for the City at a significantly less cost. City Council Meeting September 5, 1989 Computer Discussion o CITY COUNCIL OPTIONS 1. Instruct the Finance Director to prepare either a request for bids or a full request for proposal. 2. Instruct the Finance Director to contact another vendor to determine costs and report back to City Council. 3. Instruct the Finance Director to end research on available systems and continue to maintain the accounting records on a manual basis. 4. Other options recommended by Council. RECOMMENDATION The Finance Director recommends the first option. Preparing this type of research is very time consuming. In order for a company to give a complete proposal several meetings with the City, including a demonstration and discussion of potential configurations, are needed. All of this will need to be redone when bids are sent and reviewed. The City has spent over a year reviewing the problem and potential solutions. I do not believe that additional research at this time will increase the information or options we have. By soliciting bids or proposals, the City will be able to start moving towards a conclusion to this problem. The preparation of bids forms or a formal RFP, a review of bids received, and selection of a system and implementation will be a timely process. The sooner it is started, the sooner the City will have the capability of providing City Council and staff with accurate and timely financial information. o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 5, 1989 AGENDA SECTION NO, ORIGINATING DEPARTMENT APPROVED FOR AGENDA Engineering ITEM NO. 11. Approve Joint Powers Agreement w/Ham Lake BY: James E. Schrantz The City Council is requested to approve the Joint Powers Agreement with Ham Lake to construct University Avenue from 157th Avenue to Constance Boulevard. This item was continued from August 15, 1989 so the Mayor could contact the Ham Lake Mayor about their reasons for wanting the road constructed ahead of schedule. See Item #11, 8/15/89. COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 5, 1989 Engineering AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. Non-Discussion Items we Agreement/Crooked Lk Playground Equip. BY: James E. Schrantz The City Council is requested to discuss the Joint Powers Agreement for Crooked Lake School playground equipment. The new agreement fails to address Article X and Article XII per Bill Hawkin's letter and fails to satisfy Item 10 per the July 18, 1989 Council minutes. The other items have been corrected. Attached: Bill's letter, 7/18/89 Minutes, 7/18/89 Joint Powers Agreement, 8/30/89 COUNCIL ACTION MOTION BY TO SECOND BY o Regular CIty CouncIl MeetIng MInutes - July 18, 1989 Page 4 \/. JOINT POWERS AGREEMENT/CROOKED LAKE PLAYGROUND Attorney HawkIns recommended the followIng changes and clarIfIcatIons In the JoInt Powers Agreement between the CIty and the School DIstrIct for the Crooked Lake Elementary school playground development: Item 4: Clarify that the City's contrIbutIon will be one-third of the total cost, not to exceed $14,000. Item 8: ClarIfy that of the work done, the School DIstrIct owns one-half and the CIty owns one-half. Item 9: Second paragraph: Change "City Manager" to "CIty AdmInIstrator". Item 10: Contract should provide that the School DistrIct Is responsIble for insurance whIch would hold the CIty harmless since the CIty Is not Involved In any maintenance and It Is on the School DIstrIct's property. MOTION by KnIght, Seconded by Orttel, approval of the Agreement here and also to have the comments of the City Attorney In his July 18 letter Incorporated Into that Agreement. DISCUSSION: Mr. Schrantz Informed the CouncIl the specs for the Crooked Lake playground project seem to be wrItten so tIght that only one playground equIpment firm qualifies. The Staff feels the company the City deals wIth Is less expensIve wIth the same qualIty equipment. After discussion, the CouncIl generally felt that the CIty's contrIbution Is only up to $14,000, so the School District and residents should be responsible for writing the specs. MotIon carried unanimously. PARK DEDICATION/TIF DISTRICT Mr. Blake Informed the Council Roger's Auto Body is in the process of subdIviding Its parcel and is protesting having to pay park dedicatIon fees for splIttIng commercial property. All other commercial development pays some sort of park dedIcatIon in other cities. He asked whether the Council wishes to reconsider its park dedication polIcy whIch was adopted several months ago. CouncIl noted the park dedIcation polIcy was recently revised and saw no reason to change It. o t!.,u~~.d- 1--4, .,}:It7;;r",.."d '~f:2f~i~, IE: ' -. LAW OFFICES OF o lJufkc and ..Hawkins SUITE 101 299 COON RAPIDS BOULEVARD COON RAPIDS. MINNESOTA 55433 PHONE (612) 7B4-299B JOHN M. BURKE WILLIAM G, HAWKINS BARRY M, ROBINSON July 18, 1989 Mr. Todd Haas Andover city Hall 1685 Crosstown Blvd. Andover, MN 55304 De ar Todd: I have had an opportunity to review for the Crooked Lake playground. changes. the Joint Power Agreement I have several suggested I Under Article IV, I believe 4~ should be reworded to provide that the City will pay one-fo'flfth. of the total costs of the improvements not to exceed $14,000.00 thereof. Under Article VIII, I believe it should be clarified that the City and the School District each own the original improvements that are constructed, one-half each. This is to avoid any disputes since part of the funds are coming from an outside source. Under Ar ticle IX, the 1 ast sentence should be wo rded "City Administrator". o Under Article X, I believe that this should be changed to provide that any lost damage or injury to persons or property arising out of the use of any jointly owned property would be the sole responsibility of the School District since it is located on their property and they are maintaining same. The School District should indemnify and agree to hold the City harmless as a result thereof. Any injuries arising out of property which is owned or maintained wholly by one party should be the responsibility of that party. Finally I believe Article XII should be amended to provide that either party may terminate the agreement on not less than one year's notice and that provisions be added to the ag reement that o o Mr. Todd Haas July la, 1989 Page 2 pertain to options of either of the parties to acquire the property or sale thereof and distribution of the proceeds. If you have any questions, pI ease contact me. G. Hawkins WGH:mk ~~ <Jj3oj[?Cj o JOINT POWERS AGREEMENT FOR CROOKED LAKE ELEMENTARY SCHOOL PLAYGROUND DEVELOPMENT This agreement made and entered into as of the day of 19 , by and between the City of Andover, hereinafter referred to as "City" and Anoka-Hennepin Independent School DistrIct No. 11, hereinafter referred to as "School District. " WITN ESSETH: Whereas, the parties have previously determined that a sound educational, recreational, and park system for its citizens requires the joint efforts of both parties so as to provide the highest quality system at the lowest cost possible to the citizens; and [ Whereas, to implement this decision the parties desire to enter into an agreement for the joint construction and operation of facilities and programs; and Whereas, the parties desire to share in the Cunding oC the construction and maintenance of the proposed improvements Cor playground equipment; and Whereas, Minnesota Statutes Section 471.59 permits the parties hereto to enter into a Joint Powers Agreement to plan, build, and maintain the proposed improvements. NOW, THEREFORE, pursuant to the authority granted by Minnesota Statutes Section 471.59 the parties doe agree as follows: 1. Purpose. The purpose of this agreement is to enable the City and the School District, through their joint and cooperative efCort to expand the recreational, park and educational facUities avaIlable to the parties through the joint financing, construction, maintenance, and supervision of playground facilities at the Crooked Lake Elementary School located in the City. o 2. Scope of the Project. The project shall include the construction of a playground at the north end of the school. 1 of 4 o 3. Construction Plans and Specifications. Plans and specifications shall be prepared by the Anoka-Hennepin School District and shall be approved by the City and the School District prIor to construction. 4. Project Funding. The estimated cost of the project is $42,000. Funds are available from the Crooked Lake Parent-Teacher Community Organization in the amount of $14,000. The remaining costs of $28,000 shall be shared by the City and School District with the School District contributing $14,000 thereof and the City a maximum of $14,000. Change orders or additional costs must be approved in advance by both parties. 5. IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT THE ACTUAL DIVISION OF THE COSTS BETWEEN THE CITY AND THE SCHOOL DISTRICT SHALL BE BASED UPON ACTUAL costS. 6. Contracting Agency. The School District shall act as the contracting agency for purposes of construlI:ting the project. Contracts shall be awarded on the basis of competitive bids in accordance with applicable state statutes. 7. Accounting. The School District shall account to each contributing party of the funds spent on the project. In the event of excess costs, the School District shall be liable for such costs, although they may negotiate with other contractors for more monies. The School District will bili the Crooked Lake Parent-Teacher Com munity Organization at the completion of the project. The School District will bill the City in January, 1990, for theIr contribution of one-third of the actual project costs not to exceed $14,000. 8. Ownership. In this project, the City and School District each own one-half of the playground equipment. o 2 of 4 o 9. Scheduling and Supervision. The schooi district shall be responsible for all scheduling during school hours. During nonschool hours, scheduling for activities outside of schooi buildings shall be the responsibllity of the Community Services Department in coordination with the building principal. Supervision shall be the responsibility of the group or groups using the facUity. In the event of a conflict in the use of a site by the City or school, the Superintendent or his representative and the City Administrator or his representative will govern its use. 10. Insurance. The owner of the land upon which the facilities are constructed shall provide fire and extended insurance coverage for such facilities, but shall be reimbursed by the other party for coverage extended to jointly owned facilIties as theIr Interests may appear. Each party shall be solely responsible for any loss, damage, or injury to any person or property arising out of the use of these facilities by any person or persons I under its authorization; and each party shall hold the other harmless from and defend it against any claim, demand or cause of action initiated to recover the amount of any such loss, damage, or claim for which it is responsible. Each party shall carry at its own expense comprehensive liabllity insurance covering its potential liability under this Section with personai injury limits of not less than $100,000 per person and $250,000 per occurrence, and property damage limits of $25,000 per occurrence and $50,000 aggregate. A certificate from the insurance carrier stating the limits of liability and specifically referring to this contract and Section shall be furnished by each party to the other before operation is begun. 11. Maintenance of Facilities. Maintenance of property wholly owned by one party shall be the responsibility of that party. Each party agrees to maintain their properties used in the program in a safe, sanitary, and operable condition. Repair costs in excess of $100 for an individual piece of jointly owned equipment, o building or facility provided under this agreement shall be shared on the basis of 50 percent City and 50 percent School District, subject to prior approval by both parties. ~:. 3 of 4 o o MAINTENANCE TO BE DONE BY THE SCHOOL DISTRICT MowIng of grass Playground equIpment - MaIntenance of the minimum playground equipment Is the responslbU1ty of the School District. Maintenance of the playground maIn structure shall be the responsibility of the School District with the City sharing In the repair costs as Indicated In paragraph 11 above. 12. Revocation of Agreement. This agreement may be termInated by either party by written notice given not less than one year from the proposed date of termInation. On termInation, either party shall have the option to acquire the playground equipment or structures acquired under this agreement at a negotiated price. In the event that the parties cannot agree on a price, the,n the playground equIpment shall be sold and the proceeds divided equally between the parties. IN WITNESS WHER,EOF, the parties hereto have executed this agreement as of the day and year first above written. CITY OF ANDOVER By: Mayor By: City AdmInistrator INDEPENDENT SCHOOL . By: By: D N/ax/I-68 NBI ..... 4 of 4 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION September 5, 1989 DATE ITEM NO. Order Feasibility/ 89-22/Wandersee Addn. BY; James E. Schrantz FOR AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Engineering The City Council is requested to approve the resolution declaring the adequacy of petition and ordering the preparation of a feasibility report for Project 89-22, Wandersee Addition. We have received the $1,000 for the feasibility report. MOTION BY TO COUNCIL ACTION SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN, SANITARY SEWER, STORM DRAIN, AND STREETS WITH CONCRETE CURB AND GUTTER , PROJECT NO. 89-22 IN THE WANDERSEE ADDITION AREA. WHEREAS, the City Council has received a petition, dated August 25 , 1989, requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 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 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 declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 5, 1989 BY: ~g~NDANgh~~2~cussion Items ORIGINATING P-lannlng ITEM NO. . Composting Ordinance REQUEST The Andover City Council is asked to formally adopt the enclosed resolution that supports the use of the Composting Site operated by Anoka County. MOTION BY TO COUNCIL ACTION SECOND BY o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -89 A RESOLUTION URGING RESIDENTS OF THE CITY OF ANDOVER TO USE THE BUNKER HILLS COUNTY COMPOSTING SITE. WHEREAS~ yard waste, including clean leaves and grass clippings, will, not be accepted by landfills in the Twin Cities after January 1, 1990, and WHEREAS, Anoka County currently operates the Bunker Hills Composting Site on Hanson Boulevard in Andover, and WHEREAS, the Composting Site will accept clean leaves and grass clippings at no charge to the residents, and WHEREAS, composting will significantly reduce dependence on the landfills. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover urges all residents of the City to bring clean leaves and grass clippings to the Bunker Hills Composting Site. Adopted by the City Council of the City of Andover this _th day of , 1989. CITY OF ANDOVER ATTEST: James E. Elling, Mayor Victoria Volk - City Clerk '~ o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION September 5, 1989 DATE Non-Discussion Items Engineering ~ AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. 14. Release Grading Escrow/Red Oaks 5th BY: Todd J. Haas The City Council is requested to release the grading escrow of $33,000 for Red Oaks Manor 5th Addition as requested by Norm Holm and Art Rautio. Attached is a letter from TKDA regarding the grading of the development. COUNCIL ACTION MOTION BY TO SECOND BY TKDA TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED QNGINEERS ARCHITECTS PLANNERS Memorandum To: \O1:)1~ HAAS I erN ()F Arv"Dovr:-7... Cop i esT 0: FI (..(~ Reference: Gi2.A~ltJ(,.. ~1/16N From: ~Of-tN \Z.01::>t:il~~12,G.. bv c..'\I~1 11 ~ 19 S~ 1(1:'1:> (')Pl~ MAtJOT2.- ~..\e;Cl F38-11 ArvtxYV erz.. COMMISSION NO. 92J4 SIt+- fib 1:> Oat e : I HAVe' "\2tV(6NC::;,'b TftG SV1Z.VC, tvoTeS Rli2. c"lZ-A1)'Nc;..., Oll,J T]'\C A~Ove- 1ZeF6 l2.erJc..cl:) ?"fl.o.)ecT AI.J'!> ItAII~ 'iZevlt;..J8'D 711C~ sITe 0'" AV~V:'l 2., IC18G AN'b t=ovt./b lite ~/,t GCtve~.Pru'1 IN co""'pc..r ^""C-o w.T/"t' Tire bjl.AI"-'AC-C L. G..\'ZP'l>,rvc;... "Pl-AN. A~ltWvc-.t+ <;;0......15" trt€VA/)O""~ vAR1 Fl2O^" 'p0\-6 'P(.."'~, -rllt ovcl'~A~ Y'Ab l::'<-tv'AnoIV)1 '1"''i2-fJS, A,.,-!l uj2.Pr,VAc;..c 7,0. Tl~12."" '5> ,,"u(..LON ,;.Ie l"V'rN c.o"'c6?<: \Nt 12.eco"",^"tr'"'r:. 1Z-t"cePrSc of THe (A[ZJ>P(fV("" eSc~o....., I EVT ~€CO"""'c:;Nb GoNTlf'JVC'1> lz.t!VleN 01=- CoN~T/Z.vc;no'" PI""u c..Af'Jt>Sc:.APINC- /0 W-AINrAIN co~Fo\Z-n\AN(.c N'TI-+ ;'It€" l' L.p,"J.. o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 5, 1989 Non-Discussion Items Engineering AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. 15. Accept Easements BY: James E. Schrantz The City Council is requested to accept the attached easements for Tulip Street and the attached easement for uplander. Tulip Street Reynolds McGary Uplander Street Brichacek This easement has a responsibility for damage clause and a maintenance clause. COUNCIL ACTION MOTION BY TO SECOND BY fo..." No. a.M-QUIT CLAIM DEED I ndfW'~1 hi to torpor.uon OfP.nnlf'thIp )flnnuol. U,,'ona C;oa....)'MKIaC....... (lIT" v....()...,c.... v,,~, o No delinquent lues and tranlrer entA!red; Ct!rtWcatA! of Real EllatA! Value ( ) filed ( ) not required Ct!rtificatA! of Real EllatA! Value No. ,19_ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ EXEMPT DatA!: , 19.!!.. FOR V ALUABLE CONSIDERATION, (reserved for recording dalal Laurance Reynolds and Margaret 1. Reynolds, husband and w:tfe ,Grantor(I), 1"*",,, l1etull hereby convey (I) and quitclaim (I) to Citv of Andover , Grantee, a muniripal real property in corporf''ltion Anoka under the law. of Minnesota County, Minneoola, described u follows: See reverse side for complete legal. (.f morell)aC:e Is needed. conl"'u. on bltdtJ together with all hereditaments and appurtenancea belongina thereto. fi---. ~ Laurance -\11.", U,,,'d -I a... :...:..1111' 1l1.II' 12~".Jl(2/ Reyn61ds 7Xv~~AR~ ~4oM Ma aret I. R. nolds STATE OF MINNESOTA COUNTY OF 01~ } .. 8? ,1~ .~. l~-'" SHIRLEY ,. CLINTON I . t' , NOTARY PUBLIC. MINNESOTA . ANOKA COUNTY My Commission E'pires Oct 12. 1990 ~ .~,.. NOTA.tAL ITAM' O. IE.AL (0& OTHE. TITLI O. .AM.) ~~~:r.l:~ = =~,d=::,:la thAi lAIlNm_1 ...CNId THIS INITRUMENT W AI DRAFTID av (NAMI AND ADDaut,: City of Andover 1685 Crosstown Blvd. Andover, MN 55304 Burke and Hawkins 299 Coon Rapids Blvd., .101 Coon Rapids, MN 55433 o A perpetual easement 66 feet in width for public roadway pur- poses over, under and across the following deacribed propertYI The west 660 feet of the South Half of the North Half of the Southeast Quarter of Section 17, Township 32, Range 24, Anoka County, Minnesota. o The centerline of said perpetual easement being described as beginning at the southwest corner of said Southeast Quarter! thence northerly to a point on the north line of the South 16S feet of the North Half of the North Half Glf said Southeast Quarter distant 17 feet east from the west line of said Southeast Quarter and there terainating. Together with a perpetual easement for drainage and utility purposes over, under and across the north 10 feet of the south lS29 feet of the west 12S feet of said Southeast Quarter. of Section 17. Together with a temporary easement for construction purpos~s to terminate on September 1, 1989 over, under, and across the north 30 feet of the Southeast Quarter of Section 17. NOTICE Anok a, 19_, Da ted: IS HEREBY GIVEN that the City of Andover, County of State of Minnesota, has accepted on the above described easement in this document. , 19_ CITY OF ANDOVER (SEAL) By Clerk THIS DOCUMENT IS BEING RECORDED IN THE OFFICE OF THE ANOKA COUNTY RECORDER FOR THE BENEFIT OF THE CITY OF ANDOVER PURSUANT TO MINN. STAT. SECTION 386.77. ..,...........,.,..... '''nAn';~::J ;.' ~,'; ., I. ..... ~ l. ;~. ';-1 ,', ,2" ,'I l,; o Form No. 28-M-QUIT CLAIM DEED Individual (s110 Corporation. or Partnership MlnnelOt~ .U~U~fJ!l CC?~V~Y_~~InI_BI~k. (1.91!,) Miller-Davis Co.. Minneapolis o No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. .19_ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ EXEMPT .19~ Date: (reserved for recording data) FOR VALUABLE CONSIDERATION. Russell D. McGary and Susan F. McGary, husband and wife . Grantor (s). (marital.tetuN hereby convey (s) and quitclaim (s) to the City of Andover a municipal corporation real property in Anoka under the laws of Minnesota County. Minnesota. described as follows: , Grantee, See reverse side for complete legal. (if more .paca I, needed, continue on back) together with all hereditaments and appurtenances belonging thereto. ---Rui1.1d j (). in] (./;)4,7 Russell D. McGary & Affix Deed Tax Stain p lIere 0;;;41;M F.. Susan "ey.~ I') /" //' . 'a/';./ -1 _ F. MCGaf31 STATE OF MINNESOTA COUNTY OF ;J1V'<lKtJ by p'; The foregoing instrument was acknowledged before me this 0 -2- day of _~Tc/VC- Russell n. McGarv and Susan F. McGarv. husband and } u. .1!lJ!2... --. ,- .. ...'-- NOTARIAL STAMP OR SEAL (OR OTHER TJTLE OR RANK) J1C^^,,^ vvv,^^^^,w../'vV.J\N'./VVVI^^- VlIINVIA II JAMES E, SCHRANTZ ;: NOTARY PUBLIC - MINNESOTA. ~ ANOKA COUNTY:; j MyCommission rxiliresJUl ~'91~')t :;~ 'k'/'AtVVI/VVVV'tlVWVV\v-.r..'"IM,vVVVYV'i\'YVlJ . .____.___ ; THIS -iNSTRUMENT-W-As'DRAF"T'ED BY'(NAt.tS AND ADDiESS');'1 City of Andover 1685 Crosstown Blvd. Andover, MN 55304 o Burke and Hawkins 299 Coon Rapids Blvd., #101 Coon Rapids, MN 55433 L~____ ~_J /""l'.-"'\"-' \.../1 I A perpetual easement for public roadway purposes over, under and across the following described property: Lot 4, Block 4, prairie Meadows Addition. easement of record. Subject to o Said perpetual easement is described as follows: The west 38 feet, excluding the west 33 feet. NOTICE IS HEREBY GIVEN that the City of An(jover, County of Anoka, State of Minnesota, has accepted on 19_, the above described easement in this document. Da ted: , 19_ CITY OF ANDOVER (SEAL) By Clerk THIS DOCUMENT IS BEING RECORDED IN THE OFFICE OF THE ANOKA COUNTY RECORDER FOR THE BENEFIT OF THE CITY OF ANDOVER PURSUANT TO MINN. STAT. SECTION 386.77. o o .w -. 1\]1 Bonestroo Rosene Anderlik & Associates Otto G. Bonestroo. PE- Robert W. Rosene. PE. Joseph C. Anderlik. rE. Bradford A. Lemberg. P.E. Richard E. Turner, PE. James C. Olson. PE. Glenn R. Cook, PE. Thomas E. Noyes. PE. Robert G. Schunicht. P.E. Marvin l. Sorvata. PE. Keith A. Gordon, PE. Richard VJ. Foster. P.E. Donald C. Burgardt. P.E. Jerry A. Bourdon, PE. Mark. A. Hanson. f.E. Ted K. Field, P.E. Michael T. Rautmann, P.E. Robert R. Pfefferle. PE. David O. loskota. PE. Thomas W. Peterson, PE. Michael C. lynch. PE. James R. Maland. P.E. Kenneth P. Anderson. P.E. Keith A. Bachmann. PE. Mark R. Rolfs, fE. Robert C. Russek, A.IA Thomas E. Angus. P.E. Howard A. Santord, PE. Daniel J. Edgerton. PE. Mark A. Seip. P,E. Philip J. Cas\l\leU, PE. Mark D. wallis. P.E. Thomas R. Anderson. A.IA Gary F. Rylander. PE. Charles A. Erickson Leo M. Pawelsky Halfan M. Olson Susan M. Eberlin. CPA. EngIneers & ArchItects August 25, 1989 Honorable Mayor and City Council City of Andover 1685 Crosstown Boulevard NY Andover, Mn 55304 Re: Uplander Street NY 88-14 Our File No. 17133 Dear Mayor and Council: Attached is a perpetual easement document for drainage and utility purposes. (Form No. 28-M-Quit Claim Deed) The easement is for a 12" RCP storm sewer installed October 1988 on Wayne L. and Susan M. Brichacek's property on Uplander Street NY. Mr. Brichacek will grant the easement to the City of Andover if the City agrees with the conditions of the easement outlined below the easment description on said document. Please review said conditions of easement and approve if so deemed. We will arrange to have the document signed. 'Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. jk~~~ Shawn Gustafson SG:df Encl. o 2335 West Highway 36 · St. Paul, Minnesota 55113 · 612-636-4600 Form No. 28-M-QUIT CLAIM DEED Individual (s) to Corporation or Partnarship Minnesota. ~nltorm C~~veY~~"I!1..B!.anksJ!?!'!. Miller-Davis .Co.. Minneapolis o No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19_ County Auditor by Deou ty STATE DEED TAX DUE HEREON: $ EXEMPT Date: , 19_ (reserved for recording data) FOR VALUABLE CONSIDERATION, Wavne L. Brichacek and Susan M. Brichacek, husband and wife ,Grantor(s), (mlfltllstatus) hereby convey (s) and quitclaim (s) to the Ci tv of Andover a municipal corporation real property in Anoka under the laws of Uinnesota County, Minnesota, described as follows: , Grantee, See reverse side for complete legal. IIf more spece I. needed, continue on back) together with all hereditaments and appurtenances belonging thereto. Affix Deed Tax Stamp Here Wayne L. Brichacek Susan M. Brichacek STATE OF MINNESOTA COUNTY OF } u. The foregoing instrument was acknowledged before me this day of by Wavne L. Brichacek and Susan M.Brichacek, husband and w1te ,1L-, ,Grantor (s). r-"NOTARrALSTAMP-ORSEAi."'(PR'OTHEiTiTLs'()"a" RANK)'- SIGNATURE OF PBRSON TAKING ACKNOWLEDGMENT Tax Stat.m.nt. tor th. real property desertbed 1ft tbla InstrumeDt Ihould b. MDt to (lDclUdl rwDI and. addu. ot Grantel): THIS-.NSTRUM-ENT'W AS-DRAFTED BY -(NAM"EANiiADDRESS);t Wayne L. and Susan M. Brichacek 2051 Killabrew Drive Bloomington, MN 55425 o Burke and Hawkins 299 Coon Rapids Blvd., ilOl Coon Rapids, MN 55433 I L--.____._____..._,__._ A perpetual easement 10 feet in width for drainage and utility purposes over, under and across the following described property: That part of the Southerly 150 feet of the Northerly 1010 feet of the West Half of the Northwest Quarter .of the Southwest Quarter of Section 15, Township 32, Range 24, in Anoka County, Minnesota, lying westerly of the easterly 322.99 feet thereof (all distances are as measured parallel with the easterly and northerly lines of said West Half): except road. o The centerline of said perpetual easement being described as follows: Commencing at the Northeast corner of said West Half: thence West a distance of 322.99 feet; thence South a distance of 937 feet; thence West a distance of 33 feet to the point of beginning, thence deflecting left 26 degrees 00 minutes a distance of 110 feet and there terminating. NOTIC E Anok a, 19 IS HEREBY GIVEN that the City of Andover, County State of Minnesota, has accepted on , the above described easement in this document. of Dated: , 19_ CITY OF ANDOVER (SEAL) By Clerk THIS DOCUMENT IS BEING RECORDED IN THE OFFICE OF THE ANOKA COUNTY RECORDER FOR THE BENEFIT OF THE CITY OF ANDOVER PURS~NT TO MINN. STAT. SECTION 386.77. The City of Andover by accepting this easement agrees to take responsibility for any damage done to the water well owned by the grantors located adjacent to the storm sewer easement granted herein if such damage is caused as a result of the use or maintenance of the storm sewer system by the City. If such storm sewer malfunctions the City of Andover agrees to repair such storm sewer system and any subsequent damage resulting therefrom. o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 5, 1989 16. Adopt Res/Humane Society Month BY: V. Volk FOR AGENDA SECTION NO . . . Non-D1SCUSSlon ORIGINATING DEPARTMENT Admin. ITEM NO. The City Council is requested to adopt the attached resolution proclaiming the month of September as Greater Anoka County Humane Society Month. Also attached is a letter from Dan Erhart asking for adoption of the resolution. V:Attach COUNCIL ACTION MOTION BY TO SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o NO. R A RESOLUTION PROCLAIMING THE MONTH OF SEPTEMBER AS GREATER ANOKA COUNTY HUMANE SOCIETY MONTH. WHEREAS, the Greater Anoka County Humane Society was established 10 years ago using volunteers' homes to provide shelter to a small number of stray animals; and WHEREAS, two years ago the Humane Society built a shelter to meeting the growing needs of their services; and WHEREAS, now the Human Society, utilizing a network of over 100 volunteers, cares for an average of up to 150 animals per day with over 50 percent per month being adopted out to new homes; and WHEREAS, as the demand for services continues to grow, the shelter needs to build additional holding pens and exercise areas for the animals; and WHEREAS, it is a primary goal of the Humane Society to increase public awareness in the schools and the community to the importance of proper care for animals; and 1 WHEREAS, in an effort to raise funds for the building additions and the public outreach, the Humane Society is hosting a 5K Walk/Run/Roll for Homeless Animals on Saturday, September 23, 1989 at Bunker Hills Regional park; and WHEREAS, the Andover City Council supports the Humane Society's goals and fundraising efforts because they result in better care for animals. NOW, THEREFORE, BE IT RESOLVED that the Andover City Council does proclaim the month of September as Greater Anoka County Humane Society Month, encourages increased public awareness of the services provided, and encourages people to participate in the 5K Run/Walk/Roll either by entering the race or by contributing pledges. Adopted by the City Council this 1989. day of CITY OF ANDOVER Attest: James E. Elling - Mayor o Victoria Volk - City Clerk o COUNTY OF ANOKA Office of the County Board of Commissioners COURT HOUSE ANOKA. MINNESOTA 55303 DAN ERHART. CHAIRMAN County Boord of Commissioners August 10, 1989 ,421 -4760 DECfTVl nrA,~D .-. - CITY OF ANDOVER The Honorable James Elling Mayor, City of Andover 2204 - 176th Lane Andover, MN 55304 Dear Mayor 'Elling: The Anoka County Board of Commissioners, at their most recent meeting of Tuesday, August 8, 1989, adopted Resolution #89-87, Proclaiming the Month of September as Greater Anoka County Humane Society Month, a copy of which is attached hereto. The Anoka County Board is encouraging all Anoka County communities to adopt similar resolutions proclaiming the month of September as Humane Society Month and encouraging their residents to participate in the 5K Walk/Run/Roll for Homeless Animals which will be held on Saturday, September 23, 1989 in Bunker Hills Park. For further information regarding the 5K Walk/Run/Roll, please contact Barb Hillyer at the Anoka County Humane Society Shelter, telephone 754- 1644. Should you have any questions regarding this matter, please do not hesitate to contact me. Dan Erhart, Chairman Anoka County Board of Commissioners DE:db Enclosure o cc: James Schrantz, Administrator '..' , o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 5, 1989 Non-Discussion Items Engineering FOR AGENDA SECTION NO. ORIGINATING ITEM NO. 17. Approve Change Orders/89-1; 89-2 BY: The City Council is requested to approve Change Orders *2 & *3 for Projects *89-1 & *89-2, Ward Lake Drive and Tulip Street. Attached is a letter from BRA explaining the change orders. The reason for right-of-way. instead of the most of the change order is due to how we get The property owners dedicate the right-of-way City purchasing the right-of-way. the If the City would acquire the right-of-way, which is a slower and more expensive process, we would confront these design concerns in the right-of-way acquisition process; then design these items into the plans; bid the project and these items would be in the project where we would be paying for them as part of the original contract. The project total cost isn't any different. The difference is when the issues are addressed. The way we have constructed the projects in Andover has been faster and is cost effective but requires adjustment (change orders) as we proceed. We could use the method the County uses - obtain the right-of-way; then bid; then build. This may cause us to take a longer period of time. We can use the method of project administration the Council prefers. I recommend approval of the change orders. Attachments: Change Orders *2 & *3 Letter from Shawn Gustafson; BRA COUNCIL ACTION MOTION BY TO SECOND BY "" ......,; CHANGE ORDER ~ DATE I O PLACE I PROJECT I PROJECT NO. t CONTRACTOR I CHANGE ORDER NO.1 August 14, 1989 Andover, Minnesota FIL~ NOI Ward Lake Drive, Tulip Street Ni 89-1, 89-2 Forest Lake Contracting, 14777 Lake Drive, Forest Lak~" MN 55025 2 171391 DESCRIPTION OF WORKI This change order provides for the construction of a retaining wall from STA 85+50 to STA 87+20, 21' right and improvement of the approach grade of 166th Avenue NY. The existing bituminous pavement was removed, the roadway was lowered, and paved an additional 50 feet further to the west. The improvement to 166th Avenue NY. was required to provide adequate sight distance and approach grade. The retaining wall was necessary to save severa11arge oak and coniferous trees and to comply with residents requests. . -',"'-. -;;;H' ChanRe Order Item Unit Est'd ,"'. J'.!?!:!! Unit Price QiiimUtv Amount:. ., , L.S. $150.00 ' L.S. $150.00 S.Y. 1.00 145 145.00 C.Y. 1.80 85 153.00 C.Y. 2.50. 20 50,00 Ton 5.00 35 175.00 Ton 130.60 1.2 156.72 Ton 12.00 18 216.00 S.F. 10.50 600 6,300.00 ~H PART I - WARD LAKE DRIVE - MSAP 198-103-03 2021.501 Mobilization 2104.501 Remove bituminous pavement 2105.501 Common excavation 2105.535 Salvaged topsoil (cv) 2211.501 Aggregate base, C1as8 5 2341.504 Bitum. mat'l for mixture 2341.508 Wear courSe mixture 0411.603 Construct stone retaining wall TOTAL PART I o .', ....,.. :....:... . ". " . :.".:.." .... ,',.. ..,.. . ......... ... . " '. ...... .... :. \. '=. --./ CHANGE ORDER ....,/ DATE I ~ACEI OJECTI ROJECT NO. I CONTRACTOR I CHANGE ORDER NO.1 August 14, 1989 Andover, Minnesota FILE NOI 17139. Ward Lake Drive, Tulip Street NW 89-1, 89-2 I Forest Lake Contracting, 14777 Lake Drive, Forest Lake, MN 55025 2 TOTAL PART I $7,345.72 TOTAL THIS CHANGE ORDER NO. 2 - ADD $7,345,72 ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER'NO. 2 $372,812.05 23,585.70 7,345.72 I REVISED CONTRACT AMOUNT $403,743.47 Recommended for Approval bYI BONESTROO, ROSENE, ANDERLIK & ~~ ASSOCIATES, By Lf4~ INC, Approved bYI Forest Lake Contracting, Inc, By Approved bYI City of Andover, HN By , Mayor By , Clerk Datel Distribution 1 - City 2 - Contractor 1 - Engineer o , " . .. '" ~ CHANGE ORDER CONTRACTOR'S COpy st." fPB"yQY!:ErkE:~t DATE: I"fLACE: WROJECT: PROJECT NO.: CONTRACTOR: CHANGE ORDER NO.: August 25, 1989 Andover, Minnesota Ward Lake Dr. & Tulip St. Municipal 89-1, 89-2 MSAP NO. 198-103-03, 198-105-03 Forest Lake Contracting, 14777 Lake Drive, Forest 3 Lake, MN 55025 Change Order Item Unit ~ Unit ~ Est'd Quantitv , , DESCRIPTION OF WORK: . , This change order provides for additional traffic signs needed to adequately inform motorists using the two streets. PART I WARD LAKE DRIVE - MSAP 198-103-03 ~ ... 0564.602 Traffic signs wJpost, R2-1 (Speed Limit 35MPH) 0564.602 Traffic signs w/post, W8-3 (Pavement Ends) 0564.602 Traffic signs w/PQst, Wl-2L (Curve Ahead) 0564.602 Traffic signs w/post, 9 Button (18"x18" Reflector) Each $109.00 1 ~109.00 Each 109.00 1 109.00 Each 109.00 1 109.00 Each 109.00 1 109.00 0564.602 Traffic signs w/post, R2-1 (Speed Limit 30MPH) 0564.602 Traffic signs w/post, W8-3 (Pavement Ends) 0564.602 Traffic signs w/post, 9 Button (18"x18" Reflector) 0564.602 Traffic signs w/post, R1-l (Stop Sign) Each $109.00 2 TOTAL PART I PART II TULIP STREET NW MSAP 198-105-03 , Each 109.00 1 Each 109.00 1 Each 109..00 2 TOTAL PART II 017139 Page 1 " '~ .. CHANGE ORDER DATE: QLACEI ROJECTI PROJECT NO.: CONTRACTOR: CHANGE ORDER NO.1 August 25, 1989 Andover, Minnesota FILE NOI 17139 Ward Lake Dr. & Tulip St. Municipal State Aid Street Improvement Project 89-1, 89-2 MSAP NO. 198-103-03, 198-105-03 Forest Lake Contracting, 14777 Lake Drive, Forest Lake, MN 55025 3 TOTAL PART I - WARD LAKE DRIVE MSAP 198-103-03 TOTAL PART II - TULIP STREET NW MSAP 198-105-03 $436.00 654.00 TOTAL THIS CHANGE ORDER NO. 3 $1,090.00 ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER NO. 3 - ADD $372,812.05 30,931. 42 1,090.00 REVISED CONTRACT AMOUNT $404,833.47 Recommended for Approval bYI BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. By JLA4~ Approved by: Forest Lake Contracting, Inc. By . . Approved by: City of Andover, Minnesota ' By . Mayor By , Clerk Date: o Distribution 1 - City 2 - Contractor 1 - Engineer-' Page 2 C017139 o n -. 1\11 Bonestroo Rosene Anderlik & Associates Otto G. Bonestroo. P.E. Robert W, Rosene, P.E. Joseph C. Anderlik, P.E. Bradford A. lemberg. P.E. Richard E. Turner. PE. J.:1mes C. Olson. PE. Glenn R. Cook, PE. Thomas E. Noyes, P.E. Robert G, Schunicht. P.E. Marvin L. Sorvala. P.E Keith A. Gordon. PE. Richard W. Foster, P.E. Donald C. Burgardt. P.E. Jerry A. Bourdon. PE. Mark A. Hanson. PE. Ted K. Field, PE Michaf'l 1. Rautmann. P.E. Robert R. Pfefferle, P.E. David 0. loskota. PE. Thomas W. Peterson, P.E. Michael C. lynch. P.E. James R. Maland. P.E. Kenneth P. Anderson, P.E. Keith A. Bachmann, PE. Mark R. Rolfs, P.E. Robert C. Russek. A.IA Thomas E. Angus, P,E. Howard A. Sanford, P.E. Daniel J. Edgerton, P.E. Mark A. Seip, PE. Philip J. Caswell, PE. Mark D. Wallis. PE. Thomas R. Anderson, A.l.A. Gary F. Rylander, PE. Charles A. Erickson leo M. pawersky Harlan M. Olson Susan M. Eberlin, c.P.A. Engineers & Architects " C.~ (,\<.\0 tr(. , /" " / August 23, 1989 Honorable Mayor and City Council City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Ward Lake Drive 89-1 MSAP No. 198-103-03 Tulip Street NW 89-2 MSAP No. 198-105-03 Our File No. 17139 Dear Mayor and Council: The following letter is an explanation in detail as to the reasons Change Order Nos. 1 through 3 required. Change Order Number 1: Final plans and specifications were approved at the City Council meeting on Tuesday, April 18, 1989. The actual starting date for construction of the projects was July 12, 1989. During the time period between plan approval and construction; roadway, drainage and utility, and construction easements were acquired for the two projects. Many discussions involving residents, Jim Schrantz, and ourselves evolved from the easement acquisition process. Most of the plan changes originated from these discussions. It was decided that on the Cain parcel at STA 98+40, a drainage pond would need to be constructed to the East. Mr. Cain said that the lot had been wet and a nuisance during wet years. The only acceptable solution was to direct the additional street runoff into a drainage pond. The drainage pond required approximately 950 cubic yards of common channel excavation and 100 trees cleared and grubbed. Page 1 o 2335 West Highway 36 · St. Paul, Minnesota 55113 · 612-636-4600 o In discussions Andover intends aprons larger These two items with the change with Jim Schrantz, it became apparent to us that the City of catch basins to be built with sumps. Also, all storm sewer than 12 inches should have galvanized trash guards installed. were not recognized on the plans and had to be provided for order. The muck excavation between STA 57+00 and STA 60+50 was more extensive than originally estimated. Eight soil borings by Geotechnical Engineering Corporation showed that the swamp deposits varied from 0 to 13 feet in depth in this area. Actual depths between borings reached 16.5 feet and the width of excavation was subsequently widened to adequately support the roadway. While the soil borings proved to be accurate, many areas needed to be excavated deeper than estimated to provide a stable roadbed. The additional muck excavation was approximately 1300 cubic yards. Change Order Number 2: A meeting was held on Tuesday, May 23, 1989, to encourage easements to the City. At the meeting, both Mr. expressed great concern at the possibility of losing any trees along their property. After discussing Weichselbaum, State Aid Engineer, and Jim Schrantz, a erect a limestone retaining wall between STA 85+50 was necessary to spare root damage to several large oak residents to donate Lambert and Mr. Palo of the Oak and Pine the issue with Chuck decision was made to and STA 87+20. The wall and pine trees. On Monday, August 7, 1989, Dave Almgren remarked that the approach of 166th Avenue NW was too steep and that the existing street should be cut back further. After discussions with Frank Stone, Todd Haas, and Jim Schrantz, it was decided that 166th Avenue NW should be cut back an additional 50 feet, consequently lowering the existing hill approximately one foot. This change improved the sight distance and approach grade on 166th Avenue NW, but was not anticipated in the initial estimates. The change order quantities reflect the work done to improve the approach grade and includes a cost of $150 for mobilization. This cost was incurred because the contractor had to move equipment back to the site to do the work. Page 2 o o o Change Order Number 3: This change order provides for additional traffic signs needed to adequately inform motorists using the two streets. All changes in street signs were discussed during the month of August with Frank Stone and Todd Haas. I would be pleased to provide any additional information needed change orders. In all future plans, the proposal will include catch basins with sumps, and any necessary traffic signs. Yours very truly, i'LOJi:::;;:::n & ASSOCIATES, INC. Shawn Gustafson SG:df Page 3 to explain the trash guards, o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT September 5, 1989 Engineering FOR ITEM NO. Non-Discussion pp v Payment/Old Est./88-8 BY: James E. Schrantz The City Council is requested to approve the resolution accepting the work and directing final payment for project 88-8, Old Colony Estates, Channel Construction contractor. Attachment: TKDA's recommendation letter COUNCIL ACTION MOTION BY TO SECOND BY AUG 31 '89 11:31 T K D A & ASSOC., INC. P.l 9KDA TOL TZ. KING, DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2600 AMERICAN NATIONAL 9ANK 9WLOING SAINT PAUL. MINNESOTA 5510'.'893 612/292.4400 FAX 6'2/292.0083 August 31, 1989 Honorabl e Mayor and City CouncJ J Andover, Minnesota Re: 0 I d Colony Estates Project 88~8 Andover, Minnesota Commission No. 9218 Dear Mayor and Council: Work has been completed on the above referenced project and a final payment certl f Ieate has been prepared. The final contract cost was $233,888.22. or approximately $17,500 Jess than the original contract amount. The savings were due to easier than expected construction condItIons. and contingency quantities that were not utTllzed. We recommend fInal payment to Channel ConstructIon, for work completed, In the amount of $12,550.69. Jffi/mha Q ~ Q 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 CHANNEL CONSTRUCTION FOR PROJECT NO. 88-8 FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS IN THE FOLLOWING AREA: OLD COLONY ESTATES. WHEREAS, pursuant to a written contract signed with the City of Andover on September 6, 1988, Channel Construction of Wahkon, MN 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 directed to issue a proper order for the contract, taking the contractor's receipt Clerk and Mayor are hereby final payment on such 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 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE September 5, 1989 Non-Discussion Items Engineering AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. 1q. Approve Plans & Specs/IP88-16/173rd Av .BY: James E. Schrantz The City Council is requested to approve the resolution approving the plans and specs and ordering the ad for bid for Project 88-16, 173rd Avenue east of CSAH 7. Proposed schedule: 9/5 Approve plans & specs 9/22 Receive bids 10/3 Award bids 10/9 start construction The only problem I see is if we need right-of-way before we start construction and if the property owners along 173rd Avenue are uncomfortable about giving us waivers of trespass, we will not be able to meet this schedule. COUNCIL ACTION MOTION BY TO SECOND BY o c. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 88-16, 173RD AVENUE FOR STREET AND STORM DRAINAGE CONSTRUCTION. WHEREAS, pursuant to Resolution No. 140-89 , adopted by the City Council on the 15th day of August , 1989, BRA has prepared final plans and specifications for Project 88-16 for Street and Storm Drainage construction; and WHEREAS, such final plans and specifications the City Council for their review on the 5th September , 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . were presented to day of BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 A.M. Friday September 22 , 1989 at the Andover City Hall. MOTION seconded by Councilman by the City Council at a and adopted day of Meeting this , 19 , with Councilmen voting in favor of the resolution and Councilmen voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk I I I I I I I I I I I I I I I I I I I COMPUI'ER SYSTEM PROPOSAL FOR THE CITY OF ANDOVER, MINNESOTA APRIL 7, 1989 Presented by: Alaine Aysta Account Representative Business Records Corporation Box 1082 St. Cloud, Minnesota 56302 (612) 253-2170 o ~ ~ ~ [J [J ~ .. [J I D ~ W ~ ~ m " , ... ' I I I E I I I I I I I I I I I I I I I I I I I STATEMENT OF PROPOSAL BRC has prepared a proposal for the City of Andover consistent with 16 years of experience in installing systems in local governments. This proposal summarizes BRC's response for a total solution to your automation needs - hardware, software, installation, training, services and on-going support. Prices given are firm for 60 days from the proposal date. The system proposed by BRC utilizes hardware from the IBM Corporation. BRC provides the option for a governmental unit to purchase hardware through BRC or IBM and obtain hardware support through the IBM Corporation. BRC is an authorized Industry Remarketer of IBM products. Getting IBM's stamp of approval as an Industry Remarketer is not easy... we must possess a proven track i"ecord, demonstrate specific industry expertise and add significant value to IBM products. BRC's software programs have a unique flexibility to meet the demanding needs of local government. In addition to time tested reliability, all BRC programs have: . Disk based data storage. . Operate on the family of IBM S/36 or AS/400 Computers. . Programming in RPGII and COBOL . Comprehensive technical and operational documentation included. . Program source code can be placed in escrow at no charge, or can be licensed for 20% of the package price. . Complete installation, training & support provided by BRC. . Modifications available as your needs change. With the recommended BRC software, the City of Andover will enjoy an integrated system that is manageable, accurate and comprehensive; an automated program that will remain cost-effective and flexible enough to meet your changing needs now and for years to come. The proposal has the following sections: . BRC Overview . Hardware Specifications . Application Software . Training & Support . Cost Summary . Attachments D D [J [J M i./ [J [J [J [J [J [J ~ e .., U C C ~ ~ ~ E I I Q'1~Step@ Contents I Corporate Introduction/Overview I 1 I Hardware Specifications 2 I I I Application Software 3 I I Implementation, Training & Support 4 I I Cost Summary 5 I I Attachments 6 I I 7 I I 8 I ~ Carcfm@ ~ Ii l 11.1 o [j [j [j ~ l.i ~ ... [j rr .. [j [j U U ~ C C ~ I ~ I I I I I I I I I I I I I I I I I I I CORPORATE INTRODUCfION/OVERVIEW Business Records Corporation is a publicly held company whose stock is traded on the national over-the-counter exchange - (Cronus). Headquartered in Dallas, Texas, BRC has approximately 1200 employees located in 25 branch offices throughout the United States. BRC is comprised of three regions covering these product lines: Land Records Providing indexing, document reproduction, and archiving services. Election Systems Providing voting machines, ballots and tabulation services. Information Systems Providing computer software for all facets of local government needs. The Midwest Region is based in St. Cloud, Minnesota and has been in existence since the early part of the 70's, a long history for a software company. BRC-Midwest currently employs approximately 140 information processing specialists covering all aspects of product development, support and service to our local government customers. Our support division is comprised of personnel that have backgrounds in the specific areas that they cover. The experience and expertise of our support staff enables BRC to provide the latest in modem information systems technologies to meet our customers' specific needs. Our training and support program, trademarked "Support Plus" is second to none in the industry. We currently support the needs of more than 600 local government clients in more than 40 states and Canada. With over 3,000 governmental packages installed, our commitment to local government is clear. c c c c c c ~ c c c ~ c c ~ c C E ~ ~ - - - I I I I I I I I I I I I I I I I I I I Corporate Introduction/Overview Business Records Corporation BRC takes the responsibility to bring together all resources that are required for a successful installation: . Order the correct hardware from the IBM Corporation. . Identify you present and future requirements. . Make recommendations based upon those needs. . Assist in the selection of application software. . Establish a workable implementation schedule. . Make changes to the application software, if necessary. . Assist in the hardware installation. . Order the correct forms and supplies. . Arrange training of your personnel. . Provide on-going support for the system. The combination of these services has enabled BRC to build a satisfied base of clients, and is looked upon as being one of the leaders in the industry for government . I automation. : I I Our goal is to provide the total support for your computer system, the kind you would expect from an organization who understands the needs and concerns of government. We want you to be totally satisfied. c c c c ~ c c c c c c ~ c ~ c ~ ~ c m I I I I I I I I I I I I I I I I I I I HARDWARE SPECIFICATIONS OPTION 1: Extended Annual Description .Q.tt Unit Price Price Maintenance IBM S/36 - Model 5363-P22 1 $ 19,600 $ 19,600 1 Year Warranty . 1MB Memory $ 1,0001Y ear After .210 MB Fixed . Streaming Tape Drive . SSP . Utilities . PC Support/36 Personal System/2 - Model 30 1 $ 3,151 $ 3,151 1 Year Warranty .64OKB Memory $1801Year After .20MB Fixed Disk .1-720KB 3.5" Drive . DOS 4.0 . Color Monitor . Enhanced Emulation 3197 Color Display Station 3 $ 1,788 $ 5,334 3 Year Warranty $ 1,0441Y ear After 5204 IBM Quickwriter Printer (330 CPS) 1 $ 1,509 $ 1,509 1 Year Warranty $3351Y ear After 4224-02 IBM Printer (400 CPS) 1 $ 6,331 $ 6,331 90 Day Warranty $4921Y ear After c c C D E ~ ~ ~ ~ ~ ~ ~ ~ E ~ I m ~ m I I I I I I I I I I I I I I I I I I I HARDWARE SPECIFICATIONS OPTION 2: Extended Annual Description Qn Unit Price Price Maintenance IBM AS/400 - Model 9404-P20 1 $ 37,531 $ 37,531 1 Year Warranty . 8MB Memory $ 1,9441Y ear After .630MB Fixed Disk . Twinax Workstation Controller .OS/400 Operating System . Communication Line . Modem . Supplies . PC Support Additional Disk Unit (315MB) 1 $ 5,625 . With Feature Power Supply Personal System/2 - Model 30 1 $ 3,151 $ 3,151 1 Year Warranty .640KB Memory $1801Year After .20MB Fixed Disk .1-720KB 3.5" Drive . DOS 4.0 . Color Monitor . Enhanced Emulation 5204 IBM Quickwriter Printer (330 CPS) 1 $ 1,509 $ 1,509 1 Year Warranty NOTE: 1) The prices above do not include cabling, freight, or installation. The St36, as a self-installed product, can be set up by the City with free telephone assistance from BRC. A Total Installation Assistance Package is available for the AS/400 for a fee of $5,000. See the next page for more information. 2) Cables for printers & terminals are available from BRC at $.27 per foot and $20.00 for each pair of twinax connectors. c c c c ~ c ~ c c c c c c ~ ~ ~ I I E ! I I I I I I I I I I I I I I I I I I I APPLICATION SOFIWARE GOVERNMENTAL FINANCIAL SOFTWARE (Base Package) . Check Reconcilliation . Project/Grant Accounting . Designer Reporting PRICE $ 10,000 $ 1,500 $ 1,500 $ 3,000 GOVERNMENTAL PAYROLL SYSTEM (Base Package) . Personnel Module $ 6,500 $ 2,500 UTILITY BILLING SYSTEM (Base Package) . Meter Inventory . Hand-Held Meter Interface $ 9,000 $ 2,000 $ 3,000 NOTE: 1) Each product listed includes 90 days warranty, 90 days unlimited phone support, application training at BRC (client pays travel expenses) and complete documentation. See training section for more information. 2) On-going support is offered to ensure continuous support after the inital 90 days. The Software Support Agreement is optional and is 2% of the product price per month. See training and support section for more information. 3) Source code can be placed in escrow at no charge, or can be licensed at 20% of the package price. c c c c c c c c c c c c c m m m c m c - I I I I I I I I I I I I I I I I I I I IMPLEMENTATION The following information pertains to questions commonly asked by the clients when implementing their system. We hope that it will help you in determining what you need to do to successfully implement your new system. BRC will assist you through each step of the implementation plan. STEP ONE: Pre Installation Planning Activities . Finalize Implementation Sequence . Physical Location of Hardware . Coordinate Necessary Cabling . Ordering of Forms/Supplies . Target Dates for Application Installation . Assignment of Project Managers STEP lWO: Installation - Related Activities . Installation of Hardware Components . Testing of Hardware Components . Basic Orientation to the System STEP THREE: Implementation Schedule by Application . Hardware Training Activities . Hardware Training/Education . Initial Start-up Procedure . System Security and Passwords . Operator and User Documentation . Data Entry Operator Training . Use of Diskettes and/or Tapes . Backup and Loading Instructions . Software Training Activities . Personnel Training/Education . Lead Operator Requirements . Application Security and Backup . Parallel Processing and Live Cutovers . Staff Assignments and Responsibilities . Run Scheduling (Daily, Weekly, Monthly) . User Documentation and Run Sequences . Use of "Hot-Line''Support . Additional Activities . Additional Education Requirements . Cross Training on Applications . Systems Evaluation and Status Meetings . Planning for Additional Applications c ~ ~ ~ m ~ ~ ~ m ~ ~ ~ m E ~ I E I m I I I I I I I I I I I I I I I I I I I TOTAL INSTALLATION ASSISTANCE PACKAGE TOTAL INST ALLA TIONASSISTANCEP ACKAGE INCLUDES: 1. BRC and the client will develope a coordinated schedule of events for installation. 2. BRC will provide a pre-installation checklist of items that must be completed to insure a successful and timely installation. 3. BRC will coordinate with ffiM to deliver and certify the AS/4OO. 4. BRC will uncrate and unpack the AS/4OO. 5. BRC will mount and secure the AS/4OO in the rack(s). 6. BRC will set up and install peripherals. 7. BRC will connect cabling to AS/400. 8. BRC will configure (reconfigure) all hardware devices. 9. BRC will set up the AS/400 System Library if TSP (Total System Package), or install and set up System Software (05/400) if non-TSP. 10. BRC will unpack, organize and update all delivered ffiM manuals. 11. BRC will install ffiM Software and System Utilities. 12. BRC will provide and install Operating System and Utilities, upgrade PIF's (program Temporary Fixes) and version updates to be current with the date of installation. 13. BRC will backup system software and utilities. 14. BRC will install BRC Software Application Libraries. 15. BRC will provide access to hardware/system software on-line diagnostics. 16. BRC will set up ECS (Electronic Customer Support) to BRCs current environment 17. BRC will enroll client in the System Library Subscription Service (SLSS). 18. BRC will instruct client in AS/4OO IPL and restart procedures. 19. BRC will instruct client in AS/4OO Security, Spooling, and Job Queue. The Oient is responsible for adhering to the schedule, all cabling, and backing up the newly created AS/400 system. The BRC TOTALINSTALLATIONASSISTANCEPACKAGEdoes not include: 1) Stringing Cable; 2) Electrical Work; 3) Mechanical Work; 4) Restructuring Raised Floors or Physical Facilities; 5) Installing any Existing Non-IBM Hardware; 6) Removal or Shipment of any Equipment Being Moved. c c c c c ~ ~ c c ~ c c C E ~ E m ~ m I I I I I I I I I I I I I I I I I I I TRAINING A critical aspect of any successful computer installation is the quality of training you receive. At BRC, we provide training that is unparalleled in our industry. Our training and support people are specialists in many areas of local government so you are assured of their communication skills as well as their technical know-how. As counselor, consultant and coach, they will guide you through discovery and mastery of your new system. Attuned to your needs, the Specialists will make sure the process is smooth, orderly and on schedule. If you purchase more than one package, the Specialists will work together to ensure that your packages are installed in the order you need them, at a pace that's comfortable. Their personal guidance and attention assures you that you can have your system up, running, and producing results in record time. SOFIW ARE TRAINING At BRC, we take you beyond computer theory and technical jargon. We provide hands- on software training at BRC in an environment that is free from distraction. Your staff is able to concentrate on their tasks and maximize their training efforts. The Specialist will arrange for your operations people to visit BRC headquarters for the software training workshop. Our approach enables your operations people to learn the software by building actual working fields. The master file data they work on in class will be brought home with them to be put to immediate use. By keeping classes small and isolating participants from distractions, we can provide high-quality training that will prepare you for a smooth transition to your new system. By taking our training a step beyond the ordinary, we provide you with a thorough understanding of your system and confidence in your ability to operate it successfully. HARDWARE TRAINING Good hardware training is essential. Without it, you won't receive the maximum benefit of your computer or your software. That's why BRC offers a one-day workshop designed to familiarize you with computer basics in general and the IBM System/36 and AS/400 in particuI~. To make sure you get the best training possible, we keep our classes small and provide hands-on experience. At BRC, you won't participate in "guided learning" sessions where you learn with the aid of video tape. We believe in using instructors to facilitate learning because we know you'll have questions... in fact, we encourage them. Oients purchasing hardware from BRC receive the hardware training at no cost. Clients not purchasing hardware from BRC will be charged $225 per person for the one-day workshop. See the following course prospectus for more specific information about BRC hardware training. c ~ ~ ~ E m C C ~ E ~ ~ ~ E E I I I E I I I I I I I I I I I I I I I I~I B"""",,s RECORDS CORro"TION - TtAooNc PROSPECTUS THE IBM AS400 AND THE NEW USER SUMMARY Designed for the novice computer-user, this one day workshop provides a general introduction to computer technology as it relates to the operation of the IBM AS/4OO. WHO SHOULD A'ITEND Interested system users and management personnel. This course is especially designed for the first time user. PREREQUISITES None OBJECTIVES -Understand specific computer terminology. -Name the various components of the IBM System AS / 400 and understand their basic operation. -Initially start up the AS / 400 and be able to key various commands that will display the system's current status regarding various areas of interest. -Effectively operate the IBM CRT and Keyboard. TOPICS Computer Basics What is a system? Hardware/Software/Liveware Input/Processing/Output IBM System AS/400 Basics Initial start up procedures. Hands-on experience. Introduction to the CRT and Keyboard Various utility programs and procedures. Use of the AS/4OO documentation. Error messages and recovery. Use of diskettes/tapes for backup. DURATION I 8:30 AM to 4:30 PM (One Hour Lunch) COST I I I $225.00/person ~ c c ~ ~ ~ ~ E ~ C ~ ~ ~ m m ~ m m m I I I I I I I I I I I I I I I I I I I I~I BusINESs REOOIIDS CORPORATION . 1iwNING PIlOSPECTUS GOVERNMENTAL FUND ACCOUNTING SUMMARY Designed for new and current computer users, this three-<lay course provides an intensive overview ofthe Governmen- tal Fund Accounting Software and teaches attendees how to use the application. WHO SHOULD ATIEND Government employees who will be operating the system and management personnel. This course is especially designed for new BRC FinanciaI System users. PREREQUISITES Completion of the one-<lay BRC Hardware Training Course. ITINERARY Day One System Overview Discuss Account Structure Format Discuss Master File Maintenance Build Sample Set Master Files (Vendor, Elements and Chart of Accounts) Enter Sample Set Budget Overview Fmancial System Run Sequence Begin Sample Set Run Sequence for Receipts, Disbursements Day Two Complete Sample Set Run Sequence for Disbursements and Manual Journal Entry Processing Sample Set Month End Processing Discuss Client's Basic Fmancial Setting Begin Building Client's Vendor, Elements and Chart of Account Files Day Three Continue Building Client's Master Files Discuss Parallel and Live Runs Review Fmancial System Reports and Forms Questions and Answers Delivery of Software and Documentation MATERIALS NEEDED Current Chart of Accounts Current Revenue/Expenditure Budgets Current Year Beginning Balance Figures Copy of Last Audit Report State Accounting Manual Vendor Information: Names and Addresses of Companies you Issue Checks To (At Least Ten Such Vendors) Voided Copy of Check Form Currently Being Used Twenty Diskettes (Type Based Upon Your Hardware Model - See Below) IBM 5\36 (Model 5360 or 5362) - 8 inch, Double 5idd, DoubI< Dtnsity IBM 5\36 - PC (Model 5364) - 5 114 inch, Double Sided, High Dtnsity, 96 TPI A51400 Model 10-20 - 1 High Dtnsity 3M [)C600XTD T"P" OlItridge or equirNll<nt. A51400 Modt130-1, 2400 foot, 1{2' MJZgn<lic Tap<, 1600 BPI E C a I ~ m m ~ ~ ~ ~ c ~ E I I I I m I I I I I I I I I I I I I I I I I I I I~I BusINESs REOOIlDS COlU'ORAnON - TRAlNING PROSPECTUS GOVERNMENTAL PAYROLL SUMMARY Designed for new and current computer users, this three-daycourse provides an intensive overview of the Governmen- tal Paymate Payroll System and teaches attendees how to use the application. WHO SHOULD ATfEND Government employees who will be operating the system and management personnel. This course is especially designed for new BRC Payroll System users. PREREQUISITES Completion of the one-day BRC Hardware Training Course. mNERARY Day One -system Overview -Discuss menus, scr<ens and the operation of maintenance programs -Build sample set organization and /inancia1 master files -Build sample set employee master files. Day Two -Discuss payroll system run sequence ~ an actual payroll run on sample files -Discuss client's basic payroll setting -Build organization and financial master files -Begin building client's employee master files Day Three -Review payroll run sequence -Discuss entry of YID balanas (if applicable) -Discuss interface to Finan<ia1 (if applicable) -Review payroll system reports and forms -Qu.estions and answers -Delivery of software and documentation MATERIALS NEEDED Y our employer policies/personnel manual containing the rates of accrual of vacation, sickleave,comp time and floating holidays. (Bring all schedules - the accruals may vary by union.) Personnel IDes/folders of approximately twenty-five different employees (select a good cross-sample of employee types: Salaried, full time hourly, part time, seasonal, elected). Financial chart of accounts or comparable listing of all offices and individual payroll budget/line items in each (salaries and wages - permanent/overtime; Employer FICA/Pensions/Group Insurances/FUI/SUI,etc.) List of all job titles if you have classified your employment positions. If not, list the various jobs used at your setting. List of all types of- Pays <Regular, overtime, holiday, per diem, travel reimbursements, uniform/car/travel allowance, etc.) Adjustments before taxes (annuities, tax shelters, deferred comp) Withholdings (FICA, pension, federal, state, local) Deductions (insurance, union dues, savings plan/credit union, United Way, wage assignment/garnishment) Benefits (Health/life insurance, FICA, pension, State/Federal unemployment insurance, Worker's Comp premiums).......with the amounts of each available for your entry (Le. Family health insurance deduction equals $100; Longevity pay equals $25; Employer-share pension equals 4.00% up t $1,500 annually, etc.) All reports/listings from a recent live payroll run (including time cards, transmittal forms, journals and registers, a sample check/stub, and state retirement reports, miscellaneous deduction lists, etc.) At least one W-2 from last year's reporting. Twenty diskettes (type based upon your hardware model- see below). IBM S\36 (Model 5360 or 5362) - 8 inch, Double Sided, Double Density IBM S\36 - PC (Mode15364) - 5 1/4 inch, Double Sided, High Density, 96 TPI AS/400 Mode/10-20 - 1 High Density 3M IJC600XTD Tape Outridge or eqviNlmt. AS/400 Mode/3D-1, 2400 foot, 1/2" Milgnetic TIl'f"" 1600 BPI c c c c ~ c ~ ~ ~ c ~ ~ ~ m m m m m m I I I I I I I I I I I I I I I I I I I I~I BUSINES' RECORDS CoRPORATION - TRAINING PRDSl'IlCIU UTILITY BILLING SYSTEM SESSION #1 SUMMARY This is a two day course, designed to train the userin the day to day operation of the Utility Billing System. This session consists of two days at a BRC Training Center. After building a customer, meter and rate base, a strong emphasis will be placed on reviewing the billing cycle and on the generation of bills. This training session is the first of two Utility Billing training sessions. Session two is held at the client site and involves "post" billing activities. WHO SHOULD ATTEND Person(s) who will be responsible for data entry and managerial decision making should be present to gain a general knowledge of the system. PREREQUISITES Completion of the one-<fay BRC Hardware Training Course. OBJECTIVES The person(s) who completes this course will be able to: 1.) Understand the system and its capabilities. 2.) Understand the various menus and where they can be found. 3.) Build customer, meter and rate master files. 4.) Understand the billing calculation and printing process. 5.) Understand how this system will fit into and enhance their current operation. 6.) Understand how to properly back-up data files for safe-keeping. TOPICS Day One Day Two Systems Overview Building System Control Files Building Rate Master Flies Building Customer Master Files Backup Files Review Day I Activities Transaction Entry Billing Calculation and Printing Receipt Entry Reporting MATERIALS NEEDED Rate structure information. Two to three meter books - (with a variety of account types). Existing reports or requirements. Current Utility Bill and Disconnect Notice Ten diskettes (type based upon your hardware model- see below). IBM S\36 (Model 5360 or 5362) - 8 inch, Double Sided, ll:nd1k Density IBM S\36 - PC (Model 5364) - 5 114 inch, Double Sided, High Density, 96 TPI or a Regular Density 3M OC 600A Tape Olrtridge or equivalent. AS/400 Model 10-20 - 1 High Density 3M DC600XTD Tape Cartridge or equivalent. AS/400 Model 30-1, 2400 foot, 1/2' Magnetit: Tape, 1600 BPI c c c c c c c c c c c ~ c ~ ~ ~ ~ m c I I I I I I I I I I I I I I I I I I I I~I BuslNFS' RECORDS CORPORATION - lRAINING PaOSPECIUS UTILITY BILLING SYSTEM SESSION #2 SUMMARY This is a one day course, held at the client site, designed to train the user in the "post" billing activities. This includes month-end closing and reporting, receipt entry and posting, adjustments for entry and posting, calculation of penalty, meter inventory, and the requirements for interfacing the BRC Utility Billing Transactions to the BRC Government Financial System. This is the second of two training sessions needed to complete the Utility Billing training. WHO SHOULD AlTEND Person(s) who wiIl be responsible for data entry and managerial decision making should be present to gain a general knowledge of the system. PREREQUISITES Completion of the one-day BRC Hardware Training Course and the BRC Utility Billing Training Session #1. OBJECTIVES The person(s) who completes this course will be able to: 1) Understand the Month-End procedures for completing a billing cycle. 2) Understand how to enter and post transactions. 3) Run the numerous reports the system has to offer and have a good idea how and when these might be especiaIly useful. 4) Maintain and print Meter Inventory information. S) Interface Utility BiIling transactions (Payment, Billing, Adjustment, and Penalty) to the BRC Government Financial System. 6) Understand how to enter and post adjustment transactions. 7) Understand how to properly back-up data files for safe keeping. TOPICS Day One Review System and Master File Set-up Complete Cycle End Receipt (payments Sequence Run Adjustment Sequence Run Discuss Penalty Calculation Review Interface and Reporting Procedures Review Reports Review Miscellaneous Items ~ c c ~ ~ ~ ~ ~ ~ ~ ~ ~ m E E E ; m ~ I I I I I I I I I I I I I I I I I I I SUPPORT PLUS™ The total support you enjoy during the first 90 days of your system can be continued without interruption by purchasing our Annual Software Service Agreement. After your operations people have returned home from application training our Specialists will make sure your system is running smoothly. The 9O-day hotline to the experts will be extended so that you will continue to receive the personal attention to your questions and the on-going maintenance of your system. Our total service concept assures you of all the services you need for a successful computer system. The services offered within the SUPPORT PLUS'1>d program are: . Unlimited Telephone Consultation for: . Operator Questions . Procedure Questions . Scheduling Questions . Machine Malfunctions . Management Questions . Application Questions . System Questions . Program Problems . TrainingtRetraining BRC will train or retrain any number of client's personnel on an on-going basis at a BRC training facility at scheduled classes. . Automatic Updates and Enhancements BRC continually monitors and evaluates the programs to make sure they ar accurate and up-to-date. When enhancements are made, BRC will automatically provide them to you, complete with proper documentation and instructions. If the state makes significant changes to the tax law, BRC reserves the right to charge an additional fee. Significant means that the data fIle requirements are changed. . Software backup to prohibit loss of data. BRC maintains a library of all the programs up to one previous release of the system. This means you never have to worry about replacing lost or destroyed programs. . . Problem analysis and data fIle correction for any problem brought to our attention. . Project Management Control If the client requests an additional project, BRC will efficiently organize and manage staff and other resources to complete the project in a timely manner. . Priority in scheduling visits from our implementation specialists on a time and materials basis. ~ c c m c ~ c c ~ ~ ~ ~ c m ~ I I E m I I I I I I I I I I I I I I I I I I I SUPPORT PLUS'll.I Plus, you have our personal guarantee that we'll do everything possible to ensure your satisfaction - with the system and with BRC - for years to come. If service agreements are not take, all services is at our hourly rates. Service Rates Project ManagerlProduct Manager Systems Analyst Programmer $70-$90/Hour $50-$60/Hour $40-$50/Hour Additional Services... Because some clients have special needs. We know that some clients have unique needs. That's why we offer services which can be tailored to your situation under our support services. For example: . On-site visits for trouble-shooting, systems consultation or training of new personnel. . Systems customization: analysis, programming, testing and documentation. . Planning of additional software applications, hardware expansions and installation scheduling. . Status meetings at your site. . Feasibility studies. These services are billed on a time and expense basis. BRC will provide estimates or quotes for any work needed to meet your individual software and hardware needs. c c c ~ c c ~ ~ c ~ ~ c ~ m m m m m m ----- - -- - ------~- ---- -~--- I I I I I I I I I I CLIENT MAINTENANCE CALL PROCESS CLIENT PROBLEM EXPERIENCED CALLS BRC-MIDWEST CUSTOMER SERVICE HARDWARE SUPPORT DETERMINES PROBLEM BRC-MIDWEST REFERRED TO SOFlWARE SUPPORT BRC-MIDWEST CORRECTS PROBLEM VIA TELEPHONE I DETERMINES SERVICE PROBLEM I CALL LOGGED ffiM ELECIRONICALL Y I RESPONDS ffiM DISPATQIES I SE WITlfiN 4 HOURS 24 HOURS/DA Y 7DAYSIWEEK SE-ARRIVES AT I CLIENT SITE TOMAKE REPAIRS I I SECLOSESCALL I I ~ c ~ ~ ~ m c m c m ~ ~ m m I E E C ~ I I SUMMARY OF COSTS I HARDWARE AS/400 S/36 I (1) Central Processing Unit (630MB) $ 37,531 $ 19,600 (2) PS/2 - Model 30 31,151 3,151 (3) Color Display Stations 5,334 5,334 I (4) IBM Printer (400 CPS) 6.331 6.331 SUB TOTAL $ 52,347 $ 34,416 I SOFIWARE I Financial System $ 10,000 $ 10,000 . Check ReconcilIation 1,500 1,500 . Designer Reports 3,000 3,000 I Payroll System 6,500 6,500 Utility Billing System 9,000 9,000 . Meter Inventory 2.000 2.000 I SUB TOTAL $ 32,000 $ 32,000 I INSTALLATION Customer Set-Up with BRC I Telephone Assistance $ 0 $ 0 Total Installation Assistance Package $ 2,500 $ 0 I SOFIWARE SUPPORT (First Year) Financial System $ 2,610 $ 2,610 I Payroll System 1,170 1,170 Utility Billing System 1.980 1.980 I SUB TOTAL $ 5,760 $ 5,760 HARDWARE MAINTENANCE (First Year) I With 5204 Printer $ 0 $ 0 With 4224 Printer $ 369 $ 369 I TOTAL $ 92.976 $ 72.545 I I *Does not include cabling or freight. I c ~ c ~ C E ~ ~ ~ ~ ~ ~ m m ! I I m m I I I I I I I I I I I I I I I I I I I MINNESOTA MUNICIPAUlY REFERENCES CITY OF MELROSE City Hall Melrose, Minnesota 56352 Rose Ann lnderreiden (612) 256-4278 CITY OF KASSON City Hall Kasson, Minnesota 55944 Delores Meyer (507) 634-7071 CITY OF BlAINE City Hall Blaine, Minnesota 55434 Charlene Moran (612) 784-6700 CITY OF GLENWOOD City Hall Glenwood, Minnesota 56334 Dave Wencel (612) 634-5433 CITY OF MADELlA City Hall MadeIia, Minnesota 56063 Joe McCabe (507) 642-3245 CITY OF LITCHFIELD City Hall Litchfield, Minnesota 55355 Betty Anderson (612) 693-7201 CITY OF GRANITE FALLS City Hall Granite Falls, Minnesota 56241 Mark Jensen (612) 564-3011 CITY OF BENSON City Hall Benson, Minnesota 56215 Glen Pederson (612) 843-4775 CITY OF GOODVIEW City Hall Goodview, Minnesota 55987 Daryl Zimmer (507) 452-1630 CITY OF ELK RIVER 7'21) Dodge Avenue NW Elk River, Minnesota 55330 Lori Johnson (612) 441-7420 CITY OF COLUMBIA HEIGHTS 509 NE 40th Avenue Columbia Heights, Minnesota 55421 June Johnston (612) 788-9221 CITY OF ST. PETER 227 South Front Street S1. Peter, Minnesota 56082 Maureen Scholl (507) 931-4840 c c ~ ~ c ~ ~ ~ ~ ~ c ~ m m ~ m m m c I .~~g~~~~I~~:~~:~SD~~~~ORATION P.O. BOX 1082, ST. CLOUD, MN 56302. (612) 253-2170 No. 9149 SOFTWARE/HARDWARE CONTRACT Date: I I I I I I I I I I I I I C L I E N T I S H I P T o " .Contact. ~,~.'"...._.. c. . Telephone: . Source' BRC IBM HSA PRICE; CPU Displays Printers Personal Computers Operational Software Misc. .. Software/Hardware Total Commencement Date Termination Date I I I I Special Instructions: Signed: Client: BRC/ISD Date: Date: 1 st White-BRC;2nd White-Client; Canary-Client Book; Goldenrod~Hardware Dealer; Green-Sales Rep.; Pink-Intent to Purchase THIS AGREEMENT is made between BUSINESS RECORDS CORPORATION, a Texas corporation, referred to in this document as "BRC", and customer, referred to as " CLIENT", in order to clearly state the mutual responsibilities, consideration and commitments they have agreed to. A. SPECIFIC PRODUCTS AND FEES. BAC will provide the Customer with the Licensed Software Products and Hardware listed on front, at the stated license feeslprice. Each Licensed Software product consists of object programs, control language procedures and a user reference manual. CLIENT acknowledges that changes to the user reference manuals, which describe the operation of CLIENT'S specific systems are to be prepared by the CLIENT. B. TRAINING, ASSISTANCE AND CONSULTATION. Inc]uded in the license fees, BRC will provide CLIENT with training, assistance or consultation as limited to the man hours set forth and conducted on the premises of BRC. C. LIMITED SERVICES. This agreement specifically excludes: (1) additional consulting, training and installation assistance, (2) modification or development of Licensed Software Products, (3) updating of Licensed Software Products after the first 90 days from date of delivery, orG months from date of contract, whichever happens first, (4) conversion from predecessor systems. These services are separate and apart from this agreement and are properly a part of a PROFESSIONAL SERVICES AGREEMENT. D. LIMITED LICENSE. CLIENT is granted a license to use the Licensed Software Products indicated for a period of ninety-nine (99) years. This license is granted for use by Ihe CLIENT on a single computer processing unit and is not to be duplicated other than for internal backup copies or used by others without the express written permission of BAC. The license may not be transferred to any processing unit other than the original processor on which the software is installed without the express written consent of BRC. E. ACCESS TO UPDATED VERSIONS. For a period of 90 days following the delivery of the software or 6 months from date of contract, whichever comes first, CLIENT will be entitled to all corrections or enhancements to the standard unmodified Licensed Software Products. After this period, CLIENT may elect to obtain updated versions of the Licensed Softw~re Products through a software support agreement. F. LIMITED WARRANTY. BRC represents that its sales literature and illustrative brochures are accurate in all malerial respects. Licensed software products are, however, SUbject to continued revision and may, at times, be at variance with the sales literature. For a period of 90 days following the date of delivery, BRC agrees to correct, at its expense, in a timely mahner, all substantive errors reported in writing by the client. The correction of the licensed software products may take the form of (1) corrected documentation, (2) corrected source or object code, or notice of availability of cor- rected code, (3) or a change in functional definition of the licensed software pro- duct. BRC does not guarantee service results or represent that all errors will be cor- rected. BRC will remain diligent in its efforts to correct errors. BRC will not be liable for any lost profits, or for any claim or demand against customer by any other party, and in no event will BRC be liable for consequential damages even if BRC has been advised of the possibility of such damages. BRC AND CLIENT ACKNOWLEDGES THAT THIS AGREEMENT DOES NOT CONSTITUTE A SALE Of GOODS AND THATTHERE ARE NO WARRANTIES MADE OR INTENDED, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE 1M. PLIED WARRANTIES Of MERCHANTABILITY AND fiTNESS fOR A PARTICULAR PURPOSE. G. RESPONSIBILITY FOA USE AND CONTROL. CLIENT agrees that it will be exc]usively responsible for the supervision, management, and control of its use of the Licensed Software products; such responsibilities include, but are not limited to: 1. Insuring proper machine configuration, program installation, audit con- trols, and operating methods; 2. Establishing adequate software, hardware and data back up and recovery plans, based on alternate procedures; 3. Implementing sufficient procedures and check points to satisfy CLIENT'S requirements for security and the accuracy of input and output; 4. Providing qualified and properly trained computer operators. 5. Providing all forms and supplies necessary for the system. 6. Providing all necessary data preparation and entry. H. PROPRIETARY RIGHTS. CLIENT recognizes that the Software Products licensed under this agreement are proprietary; and that BRC or the Licensed Soft- ware product's owner, referred to as "Proprietor", RETAINS OWNERSHIP OF ALL RIGHTS, TITLE AND INTEREST TO ITS LICENSED SOftWARE PRODUCTS, which includes source programs, object programs, control language procedures, systems design, modular program structure, system logic flow, technical documentation, report and video formats, subroutines, processing techniques and procedures, and report generation. All enhancements made on behalf of CLIENT by BRC will be pro. prietary to BRC. Any Improvements, creations, etc., whether patented, copyrighted or not, made by employees or agents of the CLIENT which relate to the System's data processing techniques by their work in connection with the System, are to be reported to BRC. The CLIENT hereby grants and agrees to grant to BRC the unrestricted right to practice such improvements, and to license others to practice such improvements without charge. I. CONFIDENTIAL AND VALUABLE SUBSTANCE. CLIENT recognizes that the Licensed Software Products have substantial monetary value and are considered TRADE SECRET, PROPRIETARY, and CONFIDENTIAL. Proprietor is desirous of maintaining rigorous control over these Licensed Software Products. CLIENT, therefore, agrees that it will exercise due care to prevent disclosure of the Licensed Software products including: 1. CLIENT shalt insure that any identification labe]s or legal notices contained in any aspect of the Licensed Software Products are not modified, suppressed or in any other way made inconspicuous; 2. CLIENT shall restrict access to the Licensed Software products to only those employees of the CLIENT who must have access in order to perform their specific obligations in the CLIENT'S business. CLIENT shall take alt necessary and proper precautions to insure that unnecessary and un- authorized access to the Licensed Software Products by its employees does not occur; 3. CLIENT agrees that it will take all reasonable precautions to insure that non- CLIENT personnel, including non-employee agents of CLIENT, do not obtain access to or knowledge of the Confidential Information without first obtaining the express written consent of BRC. BRC agrees that it will not unreasonably withhold such consent; 4. CLIENT will use all reasonable precautions to prevent the Licensed Soft- ware Products from bein!;' acquired by unauthorized persons; 5. CLIENT shall treat the Ideas and expressions contained in the Software Products as TRADE SECRET, PROPRIETARY and CONFIDENTIAL and belonging solely to Proprietor and shall not, without the prior written per- mission of Proprietor, copy or duplicate any physical embodiments of the Licensed Software Products, other than for internal backup purposes; 6. CLIENT agrees to notify BRC immediately of any unauthorized possession, use or knowledge of any Licensed Software Products. CLIENT shall prompt- ly furnish BRC with full details of such possession, use or knowledge, assist in preventing any recurrence thereof and cooperate with BRC in any litigation or other proceedings deemed necessary by BRC to protect Proprietor's rights. J. RIGHT TO MODIFY. CLIENT will have the right to modify the Licensed Soft- ware products without the prior consent of BRC; however, if modifications are made, all warranties are immediately voided. K. DELIVERY AND PAYMENT. CLIENT agrees to pay, on a non~refundable basis, 80% of the software license fees upon signing this agreement, and the remaining 200/0 within 30 days of receipt of the product. A credit for the training and consultation hours will be applied as used. -L. -lAXES. The contract price does not Include taxes of any kind. If under any applicable law, BRC is required to collect or pay taxes on the software products or services furnished in this agreement, exclusive of Income taxes, then CLIENT agrees to pay to BRC amounts equal to the resulting taxes. M. ASSIGNMENT. This agreement and the rights granted by it cannot be assigned or otherwise transferred by the CLIENT without the prior written consent of BRC and BRC agrees that it will not unreasonably withhold such consent. BRC may assign Its rights without the consent of CLIENT. N. TERM. Either party may terminate this agreement prior to its expiration for the failure of the other party to comply with a major provision or condition set forth herein by giving thirty (30) days written notice of a desire to terminate, and the specific grounds, to the other party. The non-terminating party may contest the pro- priety of the termination by submission to an arbitrator under the arbitration pro- cedure. The party wishing to terminate the agreement shall have the burden of proof. While the decision of the arbitrator is pending, this-agreement shall remain binding on the parties. All disputes Involving the termination of this agreement shall be submitted to an arbitrator appointed by, and operating under, the rules of the American Arbitration Association. The written decision of the arbitrator shall be final and binding upon the parties. Upon termination by either party, CLIENT will furnish to BRC a completed form entitled "CLIENT Licensed Program Certification of Return or Destruction" certify- ing that through the CLIENT'S best effort, and to the best of the CLIENT'S knowledge, the original and all copies of the Licensed Software products received from BRC or made in .connection with such license have been returned or destroyed. This requirement will apply to all caples In any form including translations, whether partial or complete, and whether or not modified or merged into other program materials as authorized herein. Hardware Terms and Conditions Total Purchase Price is due and payable upon receipt of equipment. There shall be added to the Total Purchase Price amounts equal to any and all applicable taxes, fees or additional charges (including interest and penalties thereon), however designated or levied, based upon such purchase price, on this Agreement or on the Machine(s), including all sales and use taxes, state and local privilege or excise taxes on gross revenue and any taxes, or amounts in lieu thereof, exclusive, however, of taxes based upon net income of Seller and said amounts shall be promptly paid by Purchaser when levied. Any personal property taxes assessable on the Machlne(s) on or after the actual delivery to Purchaser shall be paid by Purchaser when levied. Purchaser agrees that if payment as specified above Is not received by Seller on the due date, Purchaser shall, and to the extent permitted by applicable law, pay to Seller an amount equal to one and one-half percent (1V2%) of the amount then due as an interest charge for every thirty (30) days or portions thereof that said overdue payments are not made. Option to Terminate Seller reserves the right to terminate this Agreement if (1) Purchaser refuses or is unable to accept delivery or allow Installation of the Machine(s); or (2) Purchaser fails to perform any other provision of this Agreement. Seller's right to terminate shall be exercised by written notice to Purchaser whereupon Seller shalt be entitled to immediate possession of the Machine(s) and to retain all money paid hereunder to date of said notice as liquidated damages; or, if it shall so elect, may recover Its actual loss sustained by supplier from equipment vendor. The right of Seller to ter- minate this Agreement and recover the Machine(s) shall not be the exclusive remedies available to Seller and are in addition to any other rights and remedies pro- vided under law or under this Agreement. Delivery, Freight Costs, and Risk of Loss Purchaser shall bear the risk of damage from fire, the elements or otherwise from the time of and after the delivery of the Machine(s) to Purchaser's delivery address. The Purchaser shall promptly pay for all transportation to the delivery address. Purchaser shall pay for any and all other charges such as rigging, structural altera. tions and rental of heavy equipment necessary to move the Machine(s) to the in- stallation location. Seller shall not be liable for any failure or delay in furnishing the Machine(s) resulting from fire, exp]oslon, flood, storm, act of God, governmental acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, transportation contingencies, difficulty in obtaining parts, supplies or shipping facilities or delay of carriers. Maintenance Warranty Seller warrants that the Machine(s) have been under the manufacturer's main- tenance agreement and Seller further warrants that, when delivered, the Machine(s) will be eligible for the manufacturer's maintenance agreement. Seller further warrants that in the event a machine is found ineligible for the standard manufacturer's maintenance agreement, then Seller shall repair, replace or take other actions in pursuit of maintenance acceptance at its own expense. All decisions with regard to repair, replacement or other actions are at the sole discre- tion of the Seller. O. GENERAL UNDERSTANDINGS. The commitments in this agreement are based on the following understandings: 1. Governing Law, Waiver, Notices. This agreement will be governed by the laws of the State of Texas, and is the entire agreement between the parties. A waiver of any part of this agreement shall be limited to that specific event and shall not be a waiver of the entire agreement. Any notices required in this agreement will be effective when in writing, and when deposited in the mail properly addressed with prepaid postage. 2. Litigation. If CLIENT defaults in any part of this agreement, CLIENT shall pay to BRC all costs and expenses, including actual attorney's fees, which it Incurs from enforcing this agreement. No action, regardless of form, arising out of this agreement may be brought by either party more than one year after the cause of action has arisen. P. ACKNOWLEDGEMENT. BY SIGNING THIS CONTRACT, THE CLIENT ACKNOWLEDGES THAT THE CLIENT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ALL Of ITS TERMS AND CON. DITIONS; AND fURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT Of THE AGREEMENT BETWEEN THE PARTIES, WHICH SUPERSEDES ALL PRIOR AND CONCURRENT PROPOSALS AND UNDERSTAND. INGS, WHETHER ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER Of THIS AGREE. MENT. I I I I I I I I I I I I I I E I ~ D c "'""