HomeMy WebLinkAboutCC December 16, 1986
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CITY of ANDOVER
REGULAR CITY COUNCIL MEETING-DECEMBER 16, 1986-AGENDA
1. Call to order
2. Resident Forum
3. Agenda Approval
4. Discussion Items
a. Revocation of Special Use Permit/Tonson, Inc.
b. Hills, Inc., Rezoning, Cont.
c. Hills of Bunker Lake Preliminary Plat, Cont.
d. Ordinance 8, Section 6.02 Amendment, cont.
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e. Transient Merchant Ordinance, Cont.
f. Dehn's Pond/86-l9
g. R. Sonsteby Sketch Plan
h.
5. Commission, Committee, Staff
a. Junkyard Land Acquisition
*b. ~ire Department
c. License Renewals -Non-Intoxicating Liquor, Intoxi-
cating Liquor, cigarette
d. Junkyard License Renewals
e. Animal Control Contract
*f. Salaries
Closed Meeting with Attorney
6. Non-Discussion Items
a. Award Bid/Computer
b. MnDOT Agency Agreement
c. Designate l33rd Avenue/MSA
d. Public Utility Budget
o. Receive Feaoibility Report/Ward Lake Bluebird Streot
ALl:::a/86 18
f. Petition for Improvements/Hidden Creek East/87-1
g. Receive Feasibility Report/Hanson Blvd./86-5
h. Proposed Assessments/Andover-Coon Rapids Joint
Project/86-21
7. Approval of Minutes
8. Approval of Claims
9. Adjournment
*Not on published agenda
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
December
, 1986
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Property Owners in Sanitary Sewer and Water Southeastern Area
of the City
Re: Proposed Project 87-3
The City of Andover is proposing to construct a sanitary sewer
trunk facility that will serve the southeast part of the city
and will be the trunk that will serve the ultimate service area
to the year 2000 and beyond. The municipal water system is cap-
able of developing along with the sewer system.
The city is proposing to stage the assessments for the improve-
ments to coincide with the time the facilities are available to
your particular area.
The Metropolitan Council stages the cities' growth by limiting
sewer capacity. Therefore, the city will stage accordingly.
There are various petitions for sanitary sewer and water before
the Council, such as Shady Knoll Addition, Hills of Bunker Lake
proposed plat, the County public works facility and possibly:~ a
n~w District 11 elementary school facility.
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At the public hearing, the staging will be discussed. The City
Council is anxious tri hear from you as to your plans for your
property.
1) To develop now or in the future;
2) Not to develop;
3) Your needs for individual service to
your house/property due to well or
septic system failure.
The attached map shows a tentative planning schedule.
CITY OF ANDOVER
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James E. Schrantz
Public Works Director/City Engineer
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AGENDA SECTION
NO.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 16, 1986
ORIGINATING DEPARTMENT
Engineering
ITEM
NO.
CLOSED MEETING
BY: James E. Schrantz
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MOTION BY
TO
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City of Andover/Raymond and Mary Koski
The City Council is requested to consider the attached
proposal from Raymond Koski I s attorney.
I have set a closed meeting to discuss with Bill Hawkins.
BACK UP - CONFIDENTIAL - CITY COUNCIL ONLY
COUNCIL ACTION
SECOND BY
LAW OFFICES
STEFFEN & MUNSTENTEIGER, P. A.
TELEPHONE (612) 427-6300
BERNARD E. STEFFEN
STEPHEN H. MUNSTENTEIGER
RICHARD A. BEENS
ROBERT C. PARTA
RONALD B. PETERSON
DARRELL A. JENSEN
RUSSELL H. CROWDER
LAWRENCE R. JOHNSON
JAMES A. NEAL
NANCIE R. THEISSEN
RICHARD W. SCHMIDT
CHARLES M. SEYKORA
DANIEL D. GANTER, JR.
BEVERLY K. DODGE
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(MERGED AND PRACTICING WITH THE FlAM FORMEAL Y KNO'NN AS JENSEN. VENNE & SCHMID1)
301 ANOKA PROFESSIONAL BUILDING
403 JACKSON STREET
ANOKA, MINNESOTA 55303
November 19, 1986
Mr. William G. Hawkins
Burke & Hawkins
299 Coon Rapids Blvd.
Coon Rapids, MN 55433
Re: City of Andover/Raymond and Mary Koski
Dear Bill:
After our recent telephone conversation I had an opportunity to talk with
Raymond and Mary Koski regarding the pending assessment appeal. I indicated
to them the City's concern regarding their continued right to use 164th Lane.
Mr. and Mrs. Koski are prepared to deed their right of access to 164th Lane,
N.W., Andover, Minnesota, to the City of Andover, provided the City will
completely abate the assessments against their property, in this matter. Mr.
Koski advises me he obtained no compensation when the City obtained the
easement crossing his property. Due to a problem that existed in the area,
Mr. Koski transferred the easement in order to accomodate the needs of the
people who live to the west. Under the circumstances, he is a little bit
upset about the current assessment for improvements.
Mr. Koski's concern is there was no benefit to his property in any case, and
now, in order to protect himself from the assessment he will be required to
relinquish his access rights.
Nevertheless, Mr. Koski is prepared to deed his right of access to 164th Lane
to the City of Andover, in exchange for a full and complete abatement of any
assessments against his property for improvements, now or any time in the
future. When you have an opportunity to discuss this matter with the City,
please let me know.
Sincerely,
STEFFEN & MUNSTENTEIGER, P.A.
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cc: Mr. and Mrs. Raymond Koski
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CITY OF ANDOVER
REQUEST fOR COUNCIL ACTION
DATE
December 16. 1986
ITEM Revocation of SUP/Tons 0
NO. 4.a.
BY:
Vicki Volk
AGENDA SECTION
NO. Discussion
ORIGINATING DEPARTMENT
Planning & zoning
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MOTION by Vistad, seconded by Pirkl that the Andover Planning
and zoning Commission recommend to the City Council cancellation
of the Special Use Permit for the tire recycling operation at
2050~ Bunker Lake Boulevard effective immediately and all business
is to cease immediately.
There
noted
first
are seven violations of the Special Use Permit that were
.at the public hearing. The Commission feels that the
six were definite violations.
A public hearing was held. Mr. LaPanta was not present and did
not have anyone representing him present.
AMENDMENT TO MOTION by Apel, seconded by Jovanovich that cancella-
tion of the Special Use Permit will take effect February 1, 1987
to allow the operator the opportunity to enter into an agreement
with the P.C.A. for the cleanup of the site. Th~ conditions
of the Special Use Permit must be brought up to date during this
90 day period.
Vote on amendment: Yes - Vistad, Jovanovich, Apeli Abstain-Pirkl.
Vote on motion: Yes - vistad, Jovanovich, Apel, Pirkl. Motion
and amendment carried.
December 9, 1986 Planning Commission Meetinq
AMENDMENT TO MOTION by Pirkl, seconded by Apel that if an agree-
ment is reached by February 1, 1987 with the P.C.A., cancellation
will not take effect. The conditions of the Special Use Permit
must be brought up to date within this 60 day period.
Vote on amendment: Yes - Apel, Pirkl, Vistadi Abstain - Bose11.
Motion carried.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The City of Andover Planning and Zoning Commission will hold
a public hearing at 7:30 P.M., Tuesday, November 25, 1986 at
the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover,
MN to consider revocation of a Special Use Permit issued to
Milton LaPanta d/b/a Tonson, Inc. operating at 2050~ Bunker
Lake Boulevard N.W. due to non-compliance with the terms of
the Special Use Permit.
All opponents and proponents of said revocation will be heard
at the above time and location.
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- 4C:>34 32 24 31 0008
. David C. Heidelberger
% Charles M=yer, Jr.
10219 Linnet St. NW
Coon Rapids, MN 55433
34 32 24 31 0003
[Might Kline
% Roger Christiansen
Route #l
New London, MN 56273
34 32 24 31 0012
Marian F. Heidelberger
2052 NW Bunker Lake Blvd.
Andover, MN 55304
34 32 24 31 0015
Cecil C. & M. F. HeideLberger
2052 NW Bunker Lake Blvd.
Andover, MN 55304
34 32 24 31 0004 34 32 24 31 0016
34 32-24--3:l----QOO7---------Rtcha:rd--A-;--Hei:delberger
James o. & Arlene Liesinger 2052 NW Bunker Lake Blvd.
4547 Snelling Ave. So. Andover, MN 55304
Minneapolis, MN 554Q6
34 32 24 31 0005
Joseph R. Gallus
10517 NE Xavis St.
Coon Rapids, MN 55433
34 32 24 31 0006
George R. & E. R. Ragan
2138 NW Bunker Lake Bv.
Andover, MN 55304
34 32 24 31 0009
Arm Klar
% R. Auberger & R. D. Dallrna:
848 East River Road
Anoka, MN 55303
34 32 24 31 0010
Marian F. HeideLberger
2052 NW Bunker Lake Bv.
Andover, MN 55304
34 32 24 31 0011
c. c. & P. A. Heidelberger
15955 NW Nightingale St.
Andover, MN 55304
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Richard J. Sundberg
Attomey at law
533 West parkdale Plaza
~660 So. Hwy. 100
~~lis, MN 55416
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34 32 24 31 0017
Cecil C. & M. F. Heidelberger
2052 NW Bunker Lake Blvd.
Andover, MN 55304
34 32 24 32 0002
CMner/Occupant
2148 NW Bunker Lake Blvd.
Andover, MN 55304
34 32 24 32 0004
Fred G. & D. R. Sonterre
2356 NW Bunker Lake Blvd.
Andover, MN 55304
34 32 24 24 0001
34 32 24 13 0002
Ralph W. Van Hyning
1818 Park Avenue
Minneapolis, .MN 55404
34 32 24 34 0001
G:x:xl Value Hares, Inc.
1460 93rd Lane
Blaine, MN 55434
34 32 24 43 0001
Kurt W. & Susan D. Hurst
13440 NW Jay Street
Andover, MN 55304
')
34 32 24 42 0006
Bob's Auto Parts, Inc.
1950 NW Bunker Lake Blvd.
Andover, MN 55304
34 32 24 42 0007
Harold F. & J. L. Wilber
13608 NW Jay Street
Andover, MN 55304
34 32 24 42 0008
-Cllitt:tes~-stelske
5113 NW 238th Avenue
St. :Francis, MN 55070
34 32 24 42 0010
BBP InvestrrEnt, Inc.
11511 NW Flintwood
Coon Rapids, MN 55433
Milton LaPanta
5 Knolls Lane
Bumsville, MN 55337
'Ibnson, Inc.
2Q50 1/2 NW Bunker Lake Bv.
Anaover, .MN 55304
JODn Goeb
Career Realty
11464 Robinson Drive
Coon Rapids, MN 55433
County of Anoka
325 East Main Street
Anoka, MN 55303
Attention :.Bob Hutchison
- Envi.rc>rlIrental Services
William G. Hawkins
299 Coon Rapids Blvd.
Coon Rapids, MN 55433
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 16. 1986
ITEM Hills, Inc. Rezoning
NO. 4.b.
BY: Vicki Volk
APPR~OQVED FOR
AGEN
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BY: ,-,U
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AGENDA SECTION
NO. Discussion
ORIGINATING DEPARTMENT
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This item has been continued from several previous
meetings. The backup material is attached.
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MOTION BY
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COUNCIL ACTION
SECOND BY
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The City of Andover Planning and Zoning Commission will hold a
public hearing at 7:30 P.M., Tuesday, October 14, 1986 at the
Andover City Hall to consider the request of Hills, Inc. to
rezone the following described property from Limited Industrial
and General Business to R-4, Single Family Residential.
"West 1/2 of the West 1/2 of the Southwest 1/4 of the
Southwest 1/4 of Section 26, Township 32, Range 24,
lying South of the centerline of Coon Creek; The East
1/2 of the West 1/2 of the Southwest 1/4 of the South-
west 1/4 of Section 26, Township 32, Range 24, lying
Southerly of the centerline of Coon Creek; The West 1/2
of the East 1/2 of the SW 1/4 of the Southwest 1/4 of
Section 26, Township 32, Range 24, lying Southerly of
the centerline of the Coon Creek; The North 1/2 of the
Northwest 1/4 of Section 35, Township 32, Range 24;
The North 1/2 of the Northeast 1/4 of Section 35, Town-
ship 32, Range 24; The South 1/2 of the Northwest 1/4 of
Section 35, Township 32, Range 24, lying Northerly of
the Centerline of County Road No. 116 except that part
lying south of the north 600 feet as measured at right angles
to the north line thereof and lying west of the east 778
feet as measured at a right angle to the east line thereof
except the West 150 feet thereof and subject to County Road
No. 116.'
All opponents and proponents of said rezoning will be heard at
the above time and location.
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PROPERTY OWNERS WITHIN 350 FEET OF
THE HILLS OF BUNKER LAKE
Robert P. Mack
319 Ulysses Street N.E.
Minneapolis, MN 55413
Gordon V. Clemens
1751 - 131st Avenue N.W.
Coon Rapids, MN 55433
Dayton & J.A. Conger
1416 Andover Boulevard
Andover, MN 55304
N.W.
Thomas & Marlene Adler
1480 Andover Boulevard
Andover, MN 55304
N.W.
Kenneth & C.L. Heil
1425 Andover Boulevard
Andover, MN 55304
N.W.
John & B.J. Scherer
Box 725
Ely, MN 55731
Richard & Penny Fuller
5150 - 39th Avenue South
Minneapolis, MN 55417
Leonard S. Cochran
Star Route, Box 2A
Isle, MN 55342
County of Anoka
325 E. Main
Anoka, MN 55303
Minneapolis Rifle Club, Inc.
%Elizabeth Espointour
4947 North Knox Avenue
Minneapolis, MN 55430
United Power Association
Elk River, MN 55330
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Melvin Roth
1478 E. Shore
St. Paul, MN
Drive
55106
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BLAINE
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AGENDA SECTION
NO. Discussion
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 16, 1986
ORIGINATING DEPARTMENT
ITEM Hills of Bunker Lake
NO. 4.C. Pre. Plat
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MOTION BY
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BY: Vicki Volk
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This item is continued from seve~al previous
meetings.
I spoke to Jerry Green and he said that they
should have the consent of the vosika estate
this week.
If he cannot be on the agenda he will call to
let me know.
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COUNCIL ACTION
SECOND BY
APPRovdD FOR
AGENQ \
BY: ~~
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AGENDA SECTION
NO.
CITY OF ANDOVER
REQUEST fOR COUNCIL ACTION
December 16, 1986
DATE -Novcmbc I 18. 1986
ORIGINATING DEPARTMENT
'o,'om1>> ~ ~
BY: Todd Haas
FOR
ITEM
NO.Hills of Bunker Lake
Preliminar Plat 4.c.
The City Council is requested to review the comments made
from the Engineering Department for the Hills of Bunker Lake
per ordinance #10. (Review check list)
MOTION BY
TO
8.01
8.02
8.02
8.03
8.04
c) Written consent from the estate of Walter Vosika.
i) Copy of restrictive covenants.
j) The Engineering Department is recommending to approve
the Hills of Bunker Lake Preliminary Plat subject to
the City of Andover receiving a completed soil
report. The City of Andover has received interim
report in soils and water table testing. The
Engineering Department is calling to your attention
the apparent peat buried below mineral soils in test
holes 1,2,10 and Piezometer 5. Currently, Suburban
Engineer, Bill Jensen, has not yet been able to defin
the area affected. The City of Andover is waiting fo
the kind of action that the developers and suburban
Engineering will take concerning the buried peat.
d) Need to indicate the minimum basement floor elevation
for Block 22 Lot 5.
f) FLOOD PLAN MANAGEMENT - The Engineering Department is
recommending the developer to obtain a conditional
use permit due to the proposed filling shaded on
the grading plan between Block 22 Lot 26 and Block
25 Lot 1 which is in the floodway district. In
Ordinance 50, an ordinance for the management of
flood plains in the City of Andover under section
4.0 (Floodway District) conditional uses, the
develuper shall obtain the conditional use permit
and process this permit with the Zoning Administra
tor due to the filling that is proposed in a
floodway district.
COUNCIL ACTION
SECOND BY
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Page 2
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*NOTE - The developers must submit a letter and other required
data to the Federal Emergency Management Agency and DNR
that a change of the floodway district boundary may be
necessary and ask for their approval concerning change.
9.02 b) Must provide access to Leonard S. Cochran. The
ordinance reads "The arrangement of streets in new
subdivisions shall make provision for the continuation
of existing and future streets in adjoining areas".
*NOTE: If this ordinance holds true, developers must
provide access to property on east of side plat
for landowner Richard J. & Penny R. Fuller.
c) No pre-plat shall be approved wherein lots front on
the Right of Way of state, county or community
arterial or collector roads. Such lots may front
on a service road with entrances to the above or at
intervals of 660 ft. for arterials and 330 ft. for
collectors. (This applies to Prairie Road)
9.05 BLOCKS
c) Recommend the removal of butt lots.
These lots included are:
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Block
Block
B 10 c k
B 10 c k
Block
Width.
4 Lot 23
15 Lot 11
14 Lo t 7
14 Lot 14
16 Lot 16
The ordinance reads "All blocks shall be so
designed to provide for two tiers of lots
unless conditions exist to render this
requirement undesitable",
Parks, playgrounds, open space.
Developers must meet the park board requirements.
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AGENDA SECTION
NO. Discussion
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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1986
December
DATE
ORIGINATING DEPARTMENT
Planning & zoning
FOR
ITEM Ord. 8, Sec. 6. 02
NO. Amendment
L/
MOTION BY
TO
BY: Vicki volk
BY:
MOTION by Bosell, seconded by Apel that the Andover Planning
and zoning Commission recommend to the City Council no
change in the ordinance regarding the side yard setback.
However, it was the concensus of the Commission to consider
increasing the front footage from 80 feet to 85 feet with 10
foot and 10 foot side yard setbacks.
Motion carried unanimously.
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COUNCIL ACTION
SECOND BY
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The City of Andover Planning and Zoning Commission will hold
a public hearing at 7:30 P.M., Wednesday, November 12, 1986
at the Andover City Hall, 1685 Crosstown Boulevard N.W., Aridover,
MN to consider an amendment to Ordinance 8, Section 6.02 which
will reduce the side yard setback on lots zoned R-4 from 10 feet
and 10 feet to 5 feet and 10 feet.
All opponents and proponents of said amendment will be heard at
the above time and location.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 8
AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING
ORDINANCE FOR THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 8 is hereby amended as follows:
Section 6.02 Minimum Requirements
R-4
Residential Garage or
Carport from interior
lotline
!6 5
Adopted by the City Council of the City of Andover this
day of
, 19
CITY OF ANDOVER
ATTEST:
Jerry Windschitl - Mayor
James E. Schrantz - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
110
December~, 1986
AGENDA SECTION
NQ Discussion
ORIGINATING DEPARTMENT
Planning & Zoning
APP~,OVED FOR
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BY:~ j ~
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ITEM
NO.
Transient Merchant
Ordinance
BY: Vicki Volk
'it
MOTION by Apel, seconded by Vistad that the Andover Planning
and Zoning Commission recommend to the City Council adoption
of a Transient Merchant Ordinance submitted by Commissioner
Vistad and Chairman Jacobson with the changes discussed.
The ordinance is necessary to give our enforcement people the
toole necessary to protect the residents fa Andover.
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COUNCIL ACTION
MOTION BY
TO
SECOND BY
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE DEFINING TRANSIENT MERCHANT, PEDDLER, CANVASSER, AND
SOLICITOR AND REQUIRING SAID INDIVIDUALS OR ORGANIZATIONS TO COMPLY
WITH CERTAIN PROCEDURES WHILE DOING BUSINESS WITHIN THE CITY IN ORDER
TO PROVIDE FOR THE PUBLIC WELFARE, AND PROVIDING FOR FEES AND PRO-
HIBITING THE USE OF PUBLIC RIGHTS OF WAY OR PUBLIC PROPERTY FOR CERTAIN
ACTIVITIES.
The City Council of the City of Andover hereby ordains as follows:
SECTION 1. Definitions
1) A "transient merchant" is any person whose business in the City is
temporary or seasonal and consists of selling and delivering merchandise
within the City, and who in furtherance of such purpose uses or occupies
any structure, vehicle, or other place for the exhibition and sale of
such merchandise, either privately or at public auction; provided, how-
ever, that a transient merchant shall not be construed to mean any person
who while occupying such temporary location, exhibits only samples for
the purpose of securing orders for future delivery only. The person so
engaged shall not be relieved from complying with the provisions of
this Chapter merely by reason of temporarily associating with or con-
ducting such transient business in connection with a local businessman.
2) A "peddler" is any person traveling from place to place an/or house
to house who carries his merchandise with him, offering and exposing
the same for sale, and making deliveries to purchasers, or any person
who, without traveling from place to place, shall sellar offer merchan-
dise for sale from a vehicle or conveyance;
3) A "canvasser" or "solicitor" is any person traveling from place to
place and/or house to house who takes orders for the future delivery of
merchandise or for services to be performed in the future, whether or
not such person exposes a sample or collects advance payments on such
sales; provided, however, that such definition shall also include any
person who occupies any structure, vehicle or other place for the
primary purpose of exhibiting samples and taking orders for future
delivery.
SECTION 2. License Required
A license shall be required for any transient merchant, peddler,
canvasser, or solicitor to operate in the City. The license period
will be six months.
SECTION 3. Exclusions
No person shall be required to obtain a license ln the following instance~
A) Occupations licensed and bonded pursuant to state law.
B) A solicitor or canvasser doing business by appointment.
C) A solicitor or canvasser taking orders for the future door-to-door
delivery of newspapers.
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Transient Merchant Ordinance
Page 2
D) Salesmen selling goods to retail or wholesale stores or to
professional or industrial establishments.
E) The conduct of "garage sales" or "rummage sales".
F) No licenses shall be required for vendors as a preliminary step
to the establishment of a regular route service for the sale and
delivery of such commodities or the providing of such services to
regular customers. .
SECTION 4.
Reliqious and Charitable Orqanizations
Any organization, society, association or corporation desiring to
solicit or have solicited in its name money, donations of money or
property or financial assistance of any kind or desiring to sellar
distribute any item of literature or merchandise for which a fee is
charged or solicited from persons other than members of such organiza-
tions upon the streets, in office or business buildings, by house to
house canvass or in public places for a charitable, religious, patriotic,
philanthropic or otherwise non-profit purpose shall be exempt from
Section 5 of this ordinance, provided a sworn application in writing on
a form furnished by the city is filed which shall include the follolving
informatiorir
A) Name and purpose of the dause for which the license is sought.
B) Names and addresses of the officers/and or directors of the organ-
ization.
C) The period during which the solicitation is to be carried on.
D) Whether or not any commission, fee, wages or emoluments are to
be expended in connection with such solicitation.
Upon the foregoing being satisfied, such organization, association or
corporation shall furnish all its members, agents or representatives
conducting the solicitation credentials in writing stating the name of
the organization, name of the agent, and the purpose of the solicitation.
Such credentials shall be kept on the person of the members, agents or
representatives during the actual solicitation and be presented to
anyone requesting to see same.
SECTION 5.
Application
In addition to such information as the City Clerk may require, the
application shall also include:
A)
B)
C)
Name and description of the applicant.
Permanent home address and full local address of the applicant.
A brief written description of the nature of the business, the goods
to be sold, and the applicant's method of operation.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
The length of time which the applicant intends to do business in
the city, with the approximate dates.
The place where the goods or property proposed to be sold, or order
D)
E)
F)
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Transient Merchant Ordinance
Page 3
taken for the sale thereof, are manufactured or produced, where
such goods or products are located at the time said application
is filed, and the proposed method of delivery.
G) A photograph of the applicant, taken within 60 days immediately
prior to the date of filing of the application, which picture
shall be two (2) inches by two (2) inches showing the head and
shoulders of the applicant in a clear and distinguishing manner.
H) A statement as to whether or not the applicant or the person
managing the business has been convicted of any crime, misdemeanor
or violation of any municipal ordinance, involving activities
licensed under this Chapter, the nature of the offense and the
punishment or penalty assessed therefore.
I) If a vehicle is to be used, a description of the same, together
with license number or other means of identification.
J) A statement of the nature, character, and quality of the goods,
wares, or merchandise to be sold or offered for sale by applicant,
the invoice value and quality of such goods, wares, and merchandise,
whether the same are proposed to be sold from stock in possession
or by sample, at auction, by direct sale, or by taking orders for
future delivery.
K) A brief. statement of the nature, character, and content of the
advertising done or proposed to be done in order to attract
customers (samples may be requested).
L) Credentials from the person, for which the applicant proposes to
do business, authorizing the applicant to act as such representative.
M) Transient merchants shall include the addresses of all places where
the business is to be located along with written consent of the
owners or occupants.
SECTION 6. Prohibited Practices
No person under this ordinance shall:
A) Sell or solicit before the hour or 9 a.m. or after 9 p.m. unless
a previous appointment has been made.
B) Enter or conduct business upon any premises where a sign or plaque
is conspicuously posted stating in effect that no peddlers or
solicitors are allowed. Such signs shall have letters a minimum
of 1/2 inch high.
C) Occupy for the purpose of advertising and/or conducting business any
area within a sight triangle, at any road intersection.
D) Occupy as a transient merchant, solicitor or peddler, any public
right of way or other public property for the purpose of adver-
tising and/or conducting business.
SECTION 7. License Fees
Fees for licenses shall be as set from time to time by City Council
resolution.
SECTION 8. Penalties
Whoever does any act forbidden by this ordinance or omits or fails
to do any act required by this ordinance shall be guility of a mis-
demeanor and subject to all penalties provided for under Minnesota law.
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Transient Merchant Ordinance
Page 4
SECTION 9.
Effective Date
This ordinance shall take effect and be in force upon its passage and
publication as required by law. \
Adopted by the Andover City Council this
day of
1986.
ATTEST:
CITY OF ANDOVER
Jerry Windschitl - Mayor
James E. Schrantz - City Clerk
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AGENDA SECTION
NO.
Non-Discussion Items
ITEM Award Bids 86-19/Dehn's
NO.
Pond 4.f. ~
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
N DeC~mbefg16l9l~86
DATE ovom cr.
ORIGINATING DEPARTMENT
FOR
Engineering
BY: James E. Schrantz
The City Council is requested to approve the resolution
accepting the bids and awarding the contract for project
86-19 Storm Drain Construction Dehn's Pond.
The items that are pending are:
1)'
2 )
3 )
4 )
DNR permit.
Agreement to be signed with the City of Anoka.
Right of Way acquisition or waiver of tresspass from
Mrs. Son s teby.
Permit from Anoka County to work on their project
with Forest Lake Contracting.
The Right of Way may be a problem, if so, we may have to
hold the project until the Right of Way is ayailable.
The Right of Way is from Good Value pond to 116 Right
of Way.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT
OF PRO J E CT NO. 86- 1 9 FOR S TOR M SEW E R CON S T R 'UCT ION I NTH EAR E A 0 F
DEHN'S POND.
WHEREAS, pursuant to advertisement for bids as set out in Council
Resolution No. R182-86, bids were received, opened and tabulated according
to law for Project No. 86-19, with results as follows:
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Bidder
Lake Area Utility Contracting
M & M Sewer and Water
Channel Construction
Forest Lake Contracting
HBH Construction
Redstone Construction
Civil Structures, Inc.
Richard Knutson, INc,
o & P Contracting
C.W. Houle, Inc.
L & G Rehbein, INc.
Annandale Sewer and Water
Northdale Construction
R.D. McLean Construction
Burschville Construction
Hennen Construction
Brown & Cris, INc.
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Total Bid
$ 54,607.50
$ 58,114.25
$ 64,191.00
$ 68,659.50
$ 69,905.00
$ 70,377.50
$ 79,880.00
$ 80,642.50
$ 71,848.95
$ 87,347,50
$ 87,645.00
$ 89,652.19
$ 89,932,50
$ 90,340.00
$ 90,851.00
$102,770.00
$116,303.50
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover to hereby accept the above bids as shown to indicate Lake
Area Utility Contracting as being the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and Clerk to
enter into a Contract with Lake Area Utility Contracting in the amount
of $54,607.50 for construction of Improvement Project No. 86-19 for
Storm Drainage Construction in the area of Dehn's Pond; and direct the
City Clerk to return to all bidders the deposits made with their bids,
except that the deposit of the successful bidder and the next lowest
bidder shall be retained until the Contract has been executed and
insurance and bond requirements met.
MOTION seconded by Councilman
and adopted by the City
day of
Council at a
Meeting this
1986, with Councilmen
<:) voting in favor of the resolution, and Councilmen
voting against, whereupon said resolution was
declared passed.
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"age L
CITY OF ANDOVER
ATTEST:
Jerry Windschitl - Mayor
James E. Schrantz - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 16,1986
AGENDA SECTION
NO.
Discussion Items
ITEM R. Sonsteby Sketch Plan
NO.
ORIGINATING DEPARTMENT
EngineejJ) J ~
BY: Todd Haas
4
The City Council is requested to make comments on
Rosella Sonsteby's sketch plan in SW! of the SW!
of Section 24 located West of Rosella's Addition.
The Engineering Department's comments are listed below.
a) This is in the CAB interceptor district.
Service not available at this time.
b) Many of the lots are in the General Flood Plain.
Lowest floor elevation of 870 would be established.
c) It appears not to be feasible to build in the bad soils
located on the east side and north side of sketch plan.
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MOTION BY
TO
COUNCIL ACTION
SECOND BY
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 16,1986
AGENDA SECTION Commission,
NO.
ORIGINATING DEPARTMENT
Engineering
Committee, Staff
ITEM J k d L d A ..,
NO. un yar an CqU1SltlO
BY: James E. Schrantz
The City Council will receive information or an
oral report from Ted Lachinski and Bill Hawkins
on the land negotiations in the Junkyard area.
A negotiation meeting was held December 8, 1986.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
ANDOVER
FIRE
DEPARTMENT
1785
ANDOVER,
CROSSTOWN BOULEVARD N.W.
MINNESOTA 55304
3b
Andover FaD. Large ~qupmt.
Com t.
To City Council;
Listed below are items and dollar amounts that we the committee wish
to get approval on. THe items listed are being orderd to finish up
our 1886 budget,All equipment listed is needed to either update or
replace existing equipment, wear and tear, etc.
The items are as follows,
From Clareys Safety
lAs per Minn State Fire agencies purchasing consortium Bid no. A5805-m
600ft. 2~inch hose @85.00 per 50 ft.with couplings $1,020.00
500ft. l~inch hose 0$54.00 per 50ft. with couplings $540.00
2. Akron l~inch Turbojet Pistol grip Nozzles
2 @ nozzles 0 $300.50 sale price, normaly $462.25,
$601.00
3. 10 pro of Ranger brand knee boats, 7pr. @$52.50
and 3 pro @ $57 .50, $172.50, total for boots
total
$367.50
$540. '00
$2701.00
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From Conway fire And Safety
1. Elkart brand nozzle holders, modle no. L553
7 pes. @ 38.00
$273.00
2. Zico brand D-ring style Closet hooks 6ft.
2 pes. @ $136.00
$272.00
3. Zico brand hold down brackets for above hooks
2 pro @ $25.90 a set
4. 1 Dual Safety brand 8ft.
pike pole, fiberglass
$53.80
$~7. 00
o
total
$645.80
Thank 'tau
The Large Equipment Committee
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 16. lq86
Admin.
APPR~.vypFOR
AGEN""
II!
BY: b
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AGENDA SECTION
NO. Staff, Committee {
Commiss~on
ITEM License Renewals
NO. 5.c.
ORIGINATING DEPARTMENT
BY: Vicki Volk
The City Council is requested to approve the following licenses:
Cigarette Licenses: Tom Thumb, Downtown Deli, JJ's Liquors, G-Will
Liquors, Bill's Superette, Speedy Market.
Non-Intoxicating Off-Sale Liquor Licenses: Tom Thumb, Bill's Super-
ette, Speedy Market.
Intoxicating Off-Sale Liquor Licenses: JJ's Bottle Boutique, G-Will
Liquors.
All insurance and bond requirements have been met and all license
fees have been paid.
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COUNCIL ACTION
o
MOTION BY
TO
SECOND BY
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 16. 1986
AGENDA SECTION ORIGINATING DEPARTMENT
NO. Staff, Committee, Commiss on
APPROVED FOR
AGENDA
ITEM Junkyard License Renewa s
NO.
5.d. BY: VickiVolk
BY:
Only two of our junkyards have applied for a renewal
of their license for 1987. They are as follows:
Mom's Auto Salvage - I have received a bond for
this operation but have not
received a certificate of
insurance as yet.
Wilber Auto Parts - I have received a certificate
of insurance, but not a bond
as yet.
Dave has taken pictures of the junkyards and they will
be available at the meeting.
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COUNCIL ACTION
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MOTION BY
TO
SECOND BY
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
December 16, 1986
5.e.
BY:
Vicki.Volk
FOR
AGENDA SECTION ORIGINATING DEPARTMENT
NO. Staff, Committee, Commiss on Admin.
ITEM Animal control Contract
NO.
The City Council is requested to approve an animal control contract
for 1986. Attached are the bids we have received with a summary as
follows:
Lake Animal Care
Knollton Kennels
Service Hours:
8 a.m. - 5:00 p.m.
8 a.m. - 12 noon
Mon. -Fri.
Sat., Sun.,
idays
Service Hours:
7 a.m. - 9:00 p.m.
Hol- 9 a.m. - 5:00 p.m.
Patrol Time:
20 hours per year free
Additional hours: $12/hr.
After hours $18/hour
$16.50 per hour during reg. hrs.
2 hour minimum charge after reg.
hours
Euthanasia:
No charge
$7.50 per animal
Monthly Fee:
$451. 00
$25.00
Boarding Fees:
$5.50/day
$5.50/day
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Veterinary Bills for Injured or Sick
$25.00 per animal
Animals:
$23.00 during regular hours
$45.00 after regular hours
Impound Fees:
Returned to City
Returned to City
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The Lake Animal Control contract is for a two year period.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
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Knollton Kennels
10911 Radisson Rd, N.E.
Blaine, MN .5.5434
8/11/86
Dear Sirs.
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Enciosed is a copy of our bid that we would like to put in
on your City/Township, Please reveiw the bid specifications, and
send us a reply if you are interested in our services.
All impound fees are returned totheCity/Town~ip once the
owner has reclaimed his/her pet.
We would be very happy to supply your City/Township with our
services, and help cut down on the number of pets running at
large within your community,
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Thank you for your cooperation in considering our bid.
Respectfully Interested,
Name _~ \~~O
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Date 9 (~/2,(0
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DOLLTON UNNB:LS
ANIKAL CONTROL SERVICES BID
HONORABLE MAYOR AND MEYJlERS OF THE CITY COUNCn..
The following bid and.inforaation regarding the bidder are hereby
respectfully submitted,
1. LOCATION OF FACn.ITlES. 10911 Radisson Rd. Blaine, MN 55434-
Telephone I (612) 784-S217 or ~er 1/ 534-7697
2. lCENNEL HOURS I 9.00.AM - 5.00 PM Monday-Friday
10100 .AM -2100 PM Sat., SlID. & Holidays
3. GENERAL DESCRIPTION OF FACn.ITlES (area etc.)
14 indoor rlIDS for larp;e dO#!;s ran~np; b,siEes from 4":xS'
to 8':x12'. 20 ca~s from 3'x5 to 5':xS' and ample capacity
for 12-18 adult cats. Also office, reception and p;rOOllinP;
areas .
4. BA~E BID FOR 24 HOUR ADMINISTRATIVE SERVICES!
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$25.00 per month
5. BOARDING FEE! J5. 50 per day
6. CHARGE FOR EUTHANASIA IJ7. 50 per animal
7. CARGES FOR SCHEDULED PATROLDi"G, IF AND WHEN SUCH SERVICE IS REQUESTED!
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EEFERENCES .
A ainbaUIII of two hours charged aft.er hours.
o
City of Columbia Heillht.s 1/ 788-9221
City of fr1dley 1/ 571-~5?
City of HWl:o 1/ 429-6676
City of HUlto)) 1/ 571-2023
Bes~~ul+Y __C~1tted,
NAME ~,-,' \~'-... (
TITLE tJ,-2~G '-..
DATE -21~ ( GG,.
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November 21, 1986
Knollton Kennels
10911 Radison Rd. N.E.
Blaine, MN 55434
Dear Sirsl
We recently submitted a bid to your city/township. At this time we
wish to offer our assistance in answering any questions that may arise.
Please keep in mind, our services are given 100%, and handled with the
highest of confidence.
We currently are using vans for the transportation
one main reason, the comfort and safety of the animals.
animals are sure to be kept in a temperature controlled
minimal chances of escaping while enroute.
of animals for
With vans the
environment with
Our personnel are trained extensively in the areas of animal handling,
first aid, public relations and completing paperwork efficiently.
We currently are licensed through the State of Minnesota's Board of
Animal Health to maintain a kennel and hold such impounded animals.
We maintain insurance
and workers compensation.
City/township request.
in the area of our vehicles, public liability
Proof of such insurance will be supplied at
If you have any further questions as to our procedures please feel
free to contact us at 784-8217.
Thank you,
Kris Knoll
Owner
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THIS AGREEMENT, made and entered into this 1st day of January,
1987, by and between LAKE ANIMAL CARE, INC., a Minnesota corporation,
hereinafter referred to as "LAKE", and the CITY OF ANDOVER, a municipal
corporation, AnokaCounty, Minnesota, hereinafter referred to as
, 'CITY/TOWN".
WITNESSETH: That LAKE, in consideration of the covenants and
agreements of CITY/TOWN hereinafter contained, hereby covenants with
CITY/TOWN that LAKE will provide Animal Control Service to CITY/TOWN
pursuant to the following provisions:
1.
That LAKE shall provide pick up service of animals in
CITY/TOWN in a vehicle appropriate for the transportation
of small animals. On-call pick up service shall be
provided Monday through Friday, 08:00 a.m. to 17:00 p.m.,
and Saturday, Sunday and holidays, 08:00 a.m. to 12:00
noon. Standby emergency servic,e shall be provided on a
twenty-four (24) hour basis at the specific request of
CITY/TOWN's law enforcement agency and/or previously
specified official of CITY/TOWN.
2.
That LAKE shall provide 20 hours patrol service per year
during regular patrol hours for the pick up of animals
found to be in violation of CITY/TOWN's ordinances.
3.
That LAKE shall provide additional patrol service to
CITY/TOWN at the rate of $12.00 per hour during regular
patrol hours. Other than regular patrol hours, patrol
service will be at the rate of $18.00 per hour..
4.
Lake agrees that patrolling shall be done by competent
personnel trained in the handling of animals. That such
personnel shall be subject to approval by CITY/TOWN at
CITY/TOWN's request. Employees shall be authorized by
the CITY/TOWN to apprehend and retain dogs, cats, and
other animals, which are in violation of the CITY/TOWN
Ordinance. However, Lake will not invade the private
property contrary to the wishes of the owner of said
property nor forcibly take an animal from any person
without the approval and assistance of a regular officer
of the City/TOWN.
5.
That LAKE shall equip, service and maintain all vehicles
used for Animal Control Service with two-way radios or
other communication equipment.
6.
Pursuant to Minnesota Statute 35.71 LAKE shall impound
all animals picked up in CITY/TOWN at its Animal Shelter
Located at 10911 Raddison Road Blaine, Minnesota or 1283
Hammond Road, Town of White Bear (Township), Minnesota.
Said animal shall be confined in a humane manner for a
period of not less than five (5) business days or until
claimed by an owner. Animals not claimed before the
expiration of five (5) business days shall become the
property of LAKE. If an animal is not so claimed, LAKE
may dispose of said animal in a humane manner, pursuant
to Minnesota Statute Section 35.71, Subd. 3.
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7. That all impoundment fees shall be returned to
CITY/TOWN by LAKE.
8.
That LAKE shall provide euthanasia service to
CITY/TOWN at no additional charge. Said service
shall be administered by qualified personnel and the
disposal of animal carcasses shall be performed as
required by Minnesota Statute Section 35.82, Subd. 2
(a) .
9. That LAKE shall assume all liability for all harm to
persons, animals and property due to its negligence
or the negligence of its employees or agents arising
from the performance of this contract, and agrees to~
defend any legal actions arising therefrom.. LAKE
shall hold CITY/TOWN harmless and provide CITY/TOWN
with proof of public liability coverage, in the
amount of at least $200,000 per each claimed and
$600,000 for each occurrence, covering the
performance of this contract. Further, LAKE will
furnish the CITY/TOWN a certificate of insurance
evidencing statutory Worker's Compensation coverage
for all LAKE employees.
10. That during the duration of this contract LAKE shall
not, within the State of Minnesota, discriminate
against any employee or applicant for employment
because of race, color, creed, national origin, or
ancestry and shall include a similar provision in
all subcontracts entered into for the performance
hereof, this paragraph being to comply with the
provisions of Minnesota Statute Section 181.59.
11. That LAKE shall keep accurate and detailed records
of the impounding and disposition of all animals
picked in CITY/TOWN as to the services performed
during the month.
AND CITY/TOWN, in consideration of said covenants and agreements
of LAKE hereinbefore contained, hereby covenants with LAKE that CITY/TOWN
will obtain Animal Control Service from LAKE pursuant to the following
provi sions:
12. That CITY/TOWN shall pay to LAKE the sum of $451.00
per month for Animal Control Service for the period
from January 1, 1987 through December 31, 1987.
13. That CITY/TOWN shall pay to LAKE the sum of $490.00
per month for Animal Control Service for the period
from January 1, 1988 through December 31, 1988.
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retained by LAKE.
fee in the amount
animals.
CITY/TOWN shall pay a boarding
of $5.50 per day for all unclaimed
15. That CITY/TOWN shall pay a boarding fee in the
amount of $5.50 per day for all animals quarantined
by order of CITY/TOWN.
16. That CITY/TOWN shall pay a fixed veterinary bill in
the amount of $25.00 per animal for unclaimed
animals requiring medical attention. Owners
claiming their animals shall be charged the
veterinary bill in its entirety.
17. The charge for animals picked up at the request of
an owner shall be charged to such owner at the rate
of $25.00 per animal.
18. That CITY/TOWN shall make all payments provided for
herein promptly upon receipt of monthly statements
from LAKE.
19. That CITY/TOWN shall appoint the Animal Control
Officers of LAKE as CITY/TOWN Animal Control
Officers with powers to enforce CITY/TOWN ordinances.
THIS CONTRACT shall be in full force and effect from the 1st day
of January, 1987, to the 31st day of December, 1988, unless earlier
cancelled by either party upon thirty (30) days written notice to the
other party of the cancellation thereof.
IT IS MUTUALLY AGREED, by and between the parties hereto, that all
the covenants and agreements herein contained shall extend to and be
obligatory upon the successors and assigns of the respective parties.
IN TESTIMONY WHEREOf, the parties have caused this contract to be
signed in their behalf by the proper officers thereunto duly authorized
and their corporate seals to be hereto affixed, the day and year first
above wr i tten.
LAKE ANIMAL CARE, INC.,
a Minnesota corporation
CITY OF ANDOVER
By ""7""/Z '&J~ ~__
Its preside
By
Its Mayor
and
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
"~~(,'..:-
DATE December 16. 1986
B
AGENDA SECTION C . .
NO. ommlSSlon.
Committee, Staff
ORIGINATING DEPARTMENT
Engineering
ITEM
NO.
Sal aries
Sf
BY: James E. Schrantz
The salary schedule that was presented kept the position
in a relative position.
If the Council decides to adjust some positions I would
like to address the adjustments to keep the salary
schedule relative to other cities in balance for each
p 0 sit ion.
Clerk/Treasurer We published the ordinance 12/12/86
that created the separate positions. I dated the
resolution for the new positions to be effective December
15, 1986.
We need deputies for the position of Clerk and Treasurer,
I suggest I be appointed Deputy to both positions so I
can sign documents, checks etc. in their absence,
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MOTION BY
TO
COUNCIL ACTION
SECOND BY
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AGENDA SECTION
NO.
CITY OF ANDOVER
REQUEST POR COUNCIL ACTION
DATE. December .!J:::
Non-Discussion Items
ORIGINATING DEPARTMENT
Engineering
ITEM
NO.
Award Computer Bid
6
BY: James E. Schrantz
MOTION BY
TO
1986
The City Council is requested to award the computer
bid.
Any Council member that believes they could find a
full service computer provider that is competative
is to provide that information so we can deny the
bids and re-bid.
COUNCIL ACTION
SECOND BY
IfIi>"
O:".Y\
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 16, 1986
AGENDA SECTION
NO.
Non-Discussion Items
ITEM
NQ MHDOT Agency Agreement
6b
ORIGINATING DEPARTMENT
APPROVED FOR
AGENDA
BY:
BY:
Engineering
The City Council is requested to approve the MnDOT
Agency Agreement.
The agreement allows the Commissioner of, Transportation
to act as the agent for the City on projects that
involve Federal Aid funds.
We haven't used this agreement since I have been here
but we may be involved along with the County on a
Federal Aid Project.
I recommend the City Council approve the agreement so
it is on hand in case we do get involved in a project.
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MOTION BY
TO
COUNCIL ACTION
SECOND BY
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TECHNICAL SUPPORT SERVICES DIVISION
TECHNICAL MEMORANDUM NO. 86-37-SA-4
December 5, 1986
TO
County Highway Engineers
Municipal Engineers
Distribution:. I
Distribution:'; J
FROM
Gordon M. Fay, Director
Office of State Aid
SUBJECT
MN/DOT Agency Agreement and
Official Newspaper
Enclosed are two copies of the revised Minnesota Department of Transportation
Agency Agreement for your approval and execution. Please note that language
in the agreement has been added to cover single audit re~uirements. Any
questions in this area should be directed to Karen O'Connor. State Aid
Accounting Officer (612-296-8943). .
Return both copies to this office upon signature for further approval.
We will return a fully executed copy for your files.
Because the Agency Agreement does not identify your official newspaper, you
will have to submit to us by letter the name ~nd address of your official
ne~sQ~per and -also the day of the month when published. .
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The Personnel in the Office of State Aid have enjoyed the excellent working
relationships we have.had with all of you ~is'p&St'year. We extend to-
you and your employees best wishes for an enjoyable Holiday Season and Continued
Success in the New Year. .
Enclosures: (2)
Agency Agreements
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Revised 11/1986
Office of State Aid
MINNESOTA DEPARTMENT OF TRANSPORTATION
AGENCY AGREEMEN~
This Agreement made and entered into by and between the
City of
herein after referred to as
the "City" and the Commissioner of Transportation of the State of
Minnesota hereinafter referred to as the "Commissioner",
WITNESSETH:
WHEREAS, pursuant to M.S. 161.36 the City of
desires the Commissioner to act as its agent
in accepting federal aid on the City's behalf, for road and bridge
construction and in contracting for the construction, improvement
or maintenance of roads or bridges financed either in whole or
part with federal moneys: and
WHEREAS, M.S. 161.36, Subdivision 2, requires that the
terms and condition of the agency be set forth in an agreement:
NOW, THEN, IT IS AGREED:
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That pursuant to M.S. 161.36, the City does hereby
appoint the commissioner its agent with respect to all federally
funded projects, to accept and receive all federal funds made
available for said projects and to let contracts pursuant to law
for the construction and improvement of local roads and bridges.
Each contract will be in accordance with plans arid
special provisions for said projects on file in the Department of
Transportation, State Transportation Building, St. Paul, Minnesota
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55155, and the latest edition of "Standard Specifications for
Highway Construction" and all amendments thereof, which said
plans, special provisions and specifications are made a part of
this agreement by reference as though fully set forth herein.
In the letting of said contract, it is hereby agreed
that the following procedures shall be followed, to-wit:
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(a) The Commissioner shall cause the advertisements
calling for bids on said work to be published in the Construction
Bulletin. He shall also cause advertisements for bids to be
published in the officially designated newspaper of the City.
Said advertisement or call for bids shall specify that sealed
proposals or bids will be received by the City Purchasing Agent on
behalf of the Commissioner .as agent of said City. Proposals,
plans and specifications shall be available for the inspection of
prospective bidders at the Department of Transportation, St. Paul,
Minnesota 55155, and at the office of said City Purchasing Agent
and the advertisement shall so state. The bids received in
response to said advertisements for bids shall be opened for and
on behalf of the Commissioner by a District Director of the
Department of Transportation or such other engineer of the
Department of Transportation as may be from time to time selected
by the Commissioner. After said bids shall hav.e been opened, the
.City Council shall first consider the same and thereupon transmit
to the Commissioner all bids received together with its
recommendation that the lowest bid submitted by a responsible
bidder be accepted or that all bids be rejected. Upon receipt of
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all said bids, the Commissioner shall duly cause all of said bids
to be tabulated and shall thereupon determine who is the lowest
responsible bidder and shall award the Contract to the lowest
responsible bidder or shall reject all bids.
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(b) The Commissioner shall supervise and have charge of
the construction of said projects after the same has been let.
The City agrees to furnish its City Engineer or other registered
engineer and assign him to the active supervision and direction of
the work to be performed under any contract let for the aforesaid
projects. Said engineer so assigned shall act under the
supervision and direction of the Commissioner. The City further
agrees to furnish such other personnel, services, supplies and
equipment as shall be necessary in order to properly supervise and
carryon said work.
(c) The Commissioner may make changes in the plans or
the character of the work as shall be recommended by the engineer
in charge of the work. If he concurs in such recommendations, the
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Commissioner may enter into, for and on behalf of the City,
supplemental agreements with the contractor for the performance of.'
any extra work or work occasioned by any necessary, advantageous,
or de~irable change in plans or construction.
It is understood by the City that the Commissioner
cannot personally investigate and pass judgment on the various
items of extra work and plan changes necessary and desirable
during the construction of the projects but that he must delegate
such duties to engineers under his supervision and control that
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are employed by the Minnesota Department of Transportation. The
City does hereby authorize these engineers, so delegated by the
Commissioner, to enter into, for and on behalf of the City, the
supplemental agreements specified in the preceding paragraph
hereof.
,y.',
(d) The City hereby authorizes its City Engineer, for
and on behalf of the City, from time to time, during the progress
of the work on said projects, to request the Commissioner to
furnish for use on said projects specific engineering services to
be performed by skilled employees of the Minnesota Department of
Transportation. The Commissioner may but is not obligated to
furnish the services so requested. If the Commissioner in
compliance with such request shall furnish for the use of the City
on said project the services of any Minnesota Department of
Transportation employee, then and in that event, the City agrees
to reimburse the Trunk Highway Fund for the full cost and expense
of the furnishing of such services including all costs and
expenses of any kind or nature whatsoever arising out of,
connected with, or incidental to the furnishing of such services.
(e) The Commissioner shall receive the funds to be paid
by the City and the funds to be paid by the United States as
federal aid funds, for said projects and to pay therefrom when due
any and all sums that may become due the contractor to whom the
contract is awarded, and upon final completion and acceptance of
the work, to pay from said funds the final estimate to said
contractor for said work~
Page No. 4
(f) The Commissioner shall perform on behalf of the
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City all other acts and things necessary to cause said projects to
be completed in a satisfactory manner. .
(g) The Commissioner may enter into any agreement for
and on behalf of the City with the United States or any officer or
agent thereof that may be required or necessary for the purpose of
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procuring and actually causing to be paid the federal aid funds
available for said projects and to that end to bind and commit the
City in such agreement to the performance of any and all things
required by any law of the United States or of any rule and
regulation issued by federal authority pertaining thereto
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necessary for the purpose of procuring and having paid the federal
aid available for said projects.
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(h) It is the policy of the United States Department of
Transportation and the Minnesota Department of Transportation that
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Disadvantaged Business Enterprises and Women Business Enterprises
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as defined in 49 CFR, Part 23, shall have the maximum opportunity
to participate in the performance of contracts financed in whole
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or in part with federal funds. Consequently, the requirements of
49 CFR, Part 23, apply to this agreement. In this regard, the
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Commissioner and the City shall take all necessary and reasonable
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steps in accordance with 49 CFR, Part 23, to insure that
Disadvantaged Business Enterprises and Women Enterprises have the
maximum opportunity to compete for and perform on contracts and
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subcontracts. The Commissioner and the City shall not
discriminate on the bas~s of race, color, n~tional oriitn, or sex
Page No. 5
in the award and performance of federally funded contracts.
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Failure to carry out the above requirements shall constitute a
breach of this agreement and may result.in termination of the
agreement or other such remedy that the Commissioner deems
appropriate.
(i) The Commissioner may perform on behalf of the City
any other and further acts as may be necessary or required under
any law of the united States or of any rule or regulation issued
by proper federal authority in order to cause said projects to be
completed and to obtain and receive the federal aid made available
therefor.
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The City agrees that it will from time to time, after
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the execution of this agreement, make such reports, keep such
records and perform such work in such manner and time as the'
Commissioner shall from time to time request and direct so as to
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enable the Commissioner as its agent to collect for it the federal
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aid sought. Said records and reports shall be retained by the
City in accordance with the Commissioner's record retention
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schedule for federal aid projects.
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It is anticipated that the United States will pay to the
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Commissioner as the agent of the City, the federal aid funds
available to said City toward the construction of said projects.
It is further anticipated that the contracts to be let by the
Commissioner as the agent of the City, for the construction of
Page No. 6
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said projects shall provide that the contractor, as the work
progresses, shall, from time to time, be paid partial payments
designated in said contract as partial estimates and on the
completion and acceptance of said work to be paid a final payment
designated in said contract as a final estimate for all work
performed.
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The City further agrees that any City funds and/or
Municipal State Aid funds to be applied to any contract covered by
this agreement shall be deposited with the Commissioner in
accordance with Minnesota Rules Chapter 8820.1500 Subp. 3.
At regular monthly intervals after contractors shall
have started work under contracts let by the Commissioner as agent
for the City for the construction of said projects, the engineer
assigned to and in charge of said work shall prepare partial
estimates in accordance with the terms of said contracts let for
said projects and the procedures established by the Office of
Contract Administration and Maintenance, Minnesota Department of
Transportation. The said engineer in charge of said work shall
immediately a~ter preparing each partial estimate, transmit the
same to the Commissioner in duplicate. Each such partial
estimate, shall be certified by the engineer in charge and by the
contractor performing such work. The said engineer assigned to
and in charge of said work shall also prepare and submit to the
Commissioner the final estimate data, together with the required
project records in accordance with the terms of said contracts let
for said projects. Quantities listed on said partial and final
Page No. 7
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estimates shall be documented in accordance with the guidelines
set forth in the applicable documentation manual. A.fter the
approved final estimate has been submitt~d to the Commissioner,
the City will pay to the Commissioner any additional amount which
together with the federal funds received for that project will be
sufficient to all the contract costs of the project -:.f..,
pay
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When the contractor shall have completed the work on
said projects, the City agrees to inspect the. same and forthwith
upon the completion of said inspection advise the Commissioner
whether or not the work performed should be, by the Commissioner
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as its agent, accepted as being performed in a satisfactory
manner. In the event the City should, after said inspection,
recommend to the Commissioner that he should not accept said work,
then the City shall at the time such recommendation is made
specify in particularity the defects in said work and the reasons
why the work should not be accepted. It is further agreed that
any recommendations made by the City are not binding on the
Commissioner but that he shall have the right to determine whether
or not the work has been acceptably performed and to accept or
reject the work performed under any said contract.
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It is further agreed that the decision of the
Commissioner on the several matters herein set forth shall be
final, binding and conclusive on the parties hereto.
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It is anticipated that the entire cost of said projects
is to be paid from funds made available'by the United States, by
way of federal aid, and by the City. If for any reason the United
States fails to pay any part of the cost or expense of said
projects, then and in that event the City agrees to pay the same.
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The City further agrees to pay any and all lawful claims or
demands of any kind or nature whatsoever arising out of or
incidental to the performance of the work under any contract let
for said projects in the event that the United States does not pay
the same, and in all events, agrees to save the State of Minnesota
and the Commissioner harmless from said claims and from any claims
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arising out of this agreement and to pay any and all expenses and
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costs connected with said projects or the construction thereof
which the United States does not pay.
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The City further agrees that:
1)
All right-of-way acquisition and relocation will be
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conducted in accordance with 49 CFR Part 25. Procedures
implementing their regulation are contained in Mn/DOT State Aid
Manual, Chapter 5-892.310.
(Additional guidance may be obtained
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by referring to the FHWA's Real Estate Acquisition Guide for Local
Public Agencies).
2) If the City receives total direct and indirect
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federal assistance of:
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A. $100,000 or more per year, the City agrees to
obtain a financial and compliance audit made in accordance with
the Single Audit Act of 1984 (P.L. 98-50Q) and Office of
Management and Budget (OMB) Circular A-128. The law and circular
provide that the audit shall cover the entire operations of the
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City government or, at the option of the City government, it may
cover departments, agencies or establishments that received,
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expended, or otherwise administered federal financial assistance
during the year. However, if the City government receives $25,000
or more in General Revenue Sharing Funds in a fiscal year, it
shall have an audit of its entire operations.
B.
Between $25,000 and $100,000 per year, the
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1. a financial and compliance audit made in
accordance with the Single ~udit Act of 1984 and OMB Circular
A-128, or
2. a financial and compliance audit of all
federal funds. The audit must determine whether the subrecipient
spent federal assistance funds in accordance with applicable laws
and regulations and the audit must be made in accordance with any
federal laws and regulations governing the federal programs the
subrecipient participates in.
Audits shall be made annually ~n1ess the state or
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local government has, by January 1,1987 a constitutional or
statutory requirement for less frequent audits. For those
governments, the cognizant agency shall permit biennial audits,
Page No. 10
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covering both years, if the government so requests. It shall also
honor requests for biennial audits by governments that have an
administrative policy calling for audits' less frequent than
annual, but only for fiscal years beginning before
January 1, 1987.
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The audit shall be made by an independent auditor.
~n independent auditor is a state or local government auditor or a
public accountant who meets the independence standards specified
in the General ~ccounting Office's Standards for Audit of
Governmental Organizations, Programs, Activities, and Functions.
The audit report shall state that the audit was
performed in accordance with the provisions of OMS Circular ~-128
(or A-IIO as applicable).
The audit report shall include:
~. The auditor's report on financial statements
and on a schedule of federal assistance; the financial statements;
and a schedule of federal assistance, showing the total
expenditures for each federal assistance program as identified in
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the Catalog of Federal Domestic Assistance. Federal .programs or
grants that have not been assigned a catalog number shall be
identified under the caption "other federal assistance".
B. The auditor's report on the study and
evaluation of internal control systems must identify the
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organization's significant internal accounting controls, and those
controls designed to provide reasonable assurance that federal
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programs are being managed in compliance with laws and
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regulations.
It must also identify the controls that were
evaluated, the controls that were not evaluated, and the material
weaknesses identified as a result of the evaluation.
C. The auditor's report on compliance containing:
1. a statement of positive assurance with
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respect to those items tested for compliance, including compliance
with law and regulations pertaining to financial reports and
claims for advances and reimbursements;
2.
negative assurance on those items not
tested;
3. a summary of all instances of
noncompliance;
4. an identification of total amounts
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questioned, if any, for each federal assistance awarded, as a
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result of noncompliance; and
5. a statement on the status of corrective
action taken on prior findings.
6.
refer to the use of the standards
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required by the Minnesota Legal Compliance Audit Guide for Local
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Governments, prepared by the Office of the State Auditor. The
purpose of this guide is to establish compliance guidelines for
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verification by auditors auditing political subdivisions of the
state.
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In addition to the audit report, the recipient
. shall provide comments on the findings and recommendations in the
report, including a plan for corrective action taken or planned
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and comments on the status of corrective action taken on prior
findings. If corrective action is not necessary, a statement
describing the reason it is not should accompany the audit report.
The City agrees that the grantor, the Legislative
Auditor, and any independent auditor designated by the gra9tor
shall have such access to grantee's records and financial
statements as may be necessary for the grantor to comply with the
Single Audit Act and OMB Circular A-128.
Required audit reports must be filed with the
Office of the State Auditor, Single Audit Division and state
agencies providing federal assistance, within six months of the
City's fiscal year end. If a federal cognizant audit agency has
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been assigned for the City, copies of required audit reports will
be filed with that agency also.
Recipients of more than $100,000 in federal
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assistance must also submit one copy of the audit report within 30
days after issuance to the central clearinghouse. Audit reports
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should be sent to:
Bureau of Census
Data Preparation Division
1201 East 10th Street
Jeffersonville, Indiana 47132
Attn: Single Audit Clearinghouse
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All references to statutes and rules shall be
construed to refer to the statutes and rules as they may be
amended from year to year.
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The Commissioner accepts this said appointment as
agent of the City and agrees to act in accordance herewith.
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CITY OF
BY
Mayor
Attest:
Date
City Clerk
APPROVED AS TO FORM AND EXECUTION:
DATE
(Seal)
Page No. 15
RECOMMENDED FOR APPROVAL
Di~ector, Office of State Aid
Date
STATE OF MINNESOTA
BY
Commissioner of Transportation
DATE
(Submit in Duplicate)
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MINNESOTA DEPARTMENT OF TRANSPORTATION
FEDERAL AID FORM NO. III
Be it resolved that pursuant to Section 161.36,
Subdivision 1 through 6, Minnesota Statutes, the Commissioner of
Transportation be appointed as agent of the City of
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to let as its agent, contracts for the construction of local roads
and bridges, and the Mayor and the clerk are hereby authorized and
directed for and on behalf of the City to execute and enter into a
contract with the Commisioner of Transportation prescribing the
terms and conditions of such contracts in the form as set forth
and contained in "Minnesota Department of Transportation Agency
Agreement" a copy of which said agreement was before the Council,
assuming on behalf of the City all of the obligations therein
contained.
(SEAL)
(Submit in duplicate)
Note: Attach certification by City Clerk with each copy of resolution
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE . December 1 fi, 1 qRfi
AGENDA SECTION
NO.
Non-Discussion Items
ORIGINATING DEPARTMENT
Engineering
ITEM. . t 133 d A /
NO. ueslgna e r venue
MSA 6c BY:
James E. Schran z
The City Council is requested to adopt the resolution
accepting the street hereinafter described as a Municipal
State Aid Street under the provisions of Minnesota Laws of
1967 Chapter 162.
The roads described as follows, 133rd Avenue NW (MSA 109)
from Shenandoah Boulevard (MSA 114-129) to Hanson Boulevard
(.36 miles total MSA) be established, located and designated
as Municipal State Aid Street of said city, subject to the
approval of the Commissioner of Highways of the State of
Minnesota.
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MOTION BY
TO
COUNCIL ACTION
SECOND BY
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CITY OF ANOOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO.
A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS.
WHEREAS, it appears to the City Council of the City of
Andover that the street hereinafter described should be designed
as Municipal State Aid Streets under the provisions of Minnesota
Laws of 1967 Chapter 162;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover that the roads described as follows, to-wit:
133rd Avenue NW (MSA 109) from Shenandoah Boulevard
(MSA 114-129) to Hanson Boulevard (.36 miles)
be, and hereby are established, located and designated as Municipal
State Aid Street of said city, subject to the approval of the
Commissioner of Highways of the State of Minnesota.
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BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized
and directed to forward two certified copies of this resolution
to the Commissioner of Highways for his consideration, and that
upon his approval of the designation of said street or portion
thereof, that same be constructed, improved and maintained as
Municipal State Aid Street of the City of Andover, to be numbered
and known as Municipal State Aid Street 109.
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Adopted by the City Council of the City of Andover this
day of
, 19
CITY OF ANDOVER
Jerry Windschitl - Mayor
ATTEST:
Victoria Volk - City Clerk
CERTIFICATION
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I hereby certify that the above is a true and correct copy of
a resolution duly passed, adopted and approved by the City Council
of said City of , 19
Victoria Volk - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
December 16, 1986
Non-Discussion Items
ORIGINATING DEPARTMENT
Engi neeri ng
BY:
AGENDA SECTION
NO.
ITEM
NO. Public Utility Budget
6d BY: James E. Schrantz
The Public Utility Budget isn't ready at the time of this
writing but we will be working on it today and plan to have
it ready for Tuesday's meeting barring any unforseen development;
MOTION BY
TO
COUNCIL ACTION
SECOND BY
.,
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 16, 1986
AGENDA SECTION
NO.
Non-Discussion Items
ITEM Petition for Improvement
NO.Hidden Creek East/87-1
ORIGINATING DEPARTMENT
Engineering
6f
BY:
The City Council is requested to approve the resolution
declaring the adequacy of petition and ordering preparation
of feasibility report for proposed project 87-1, Hidden
Creek East plat of Good Value Homes.
The petition is a 100% petition.
Attachments:
Petition 11/24/86
Resolution
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MOTION BY
TO
COUNCIL AC.TION
SECOND BY
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GOOD
HOMES
November 24, 1986
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Jim Schrantz, City Administrator
City of Andover
1685 Crosstown Blvd.
Anoka, f4N 55303
RE: Hidden Creek East
Dear Mr. Schrantz:
Good Value Homes does hereby petition for improvements by the construction
of \~ater mains, sanitary sewers, storf'l selters and streets with concrete
curb and gutter and the cost of the improvements to be assessed to the
benefit of properties, which are all Lots according to the Preliminary
Plat for Hidden Creek East. We would propose to call this project Hidden
Creek East.
I would request that the feasibility re90rt be prepared for acceptance as
soon as possible.
JRP:db
GOOD VALUE HOMES, INC. . Registered Builder · 1460 93rd Lane N.E., Blaine, MN 55434-4396 · Phone: (612) 780-5510
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
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 AND STREETS WITH CONCRETE CURBS AND GUTTERS, PROJECT NO.
87-1, IN THE HIDDEN CREEK EAST AREA.
WHEREAS, th~ City Council has rec~1ved a petition, dated
November 24, 1986, requesting the construction of improvements,
specifically Watermain, Santiary Sewer and streets with concrete
curb and gutter in the following described area: Hidden Creek
East; and
WHEREAS, such petition has been validated to represent the
signatures of 100% of the affected property owners requesting
such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover that:
1. The petition is hereby declared to be signed by 100%
of owners of property affected, thereby making the
petition unanimous.
2. Escrow amount for feasibility report is 1000.
3. 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
the City Council at a
and adopted by
Meeting this
, 19
with Councilmen
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day of
voting in favor of the
resolution, and Councilmen
voting against, whereupon said resolution was declared passed.
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CITY OF ANDOVER
Jerry Windschitl - Mayor
ATTEST:
Victoria Volk - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 16, 1986
AGENDA SECTION
NO.
Non-Discussion Items
ITEM Receive Feasibility
NO. Hanson Blvd./86-5
ORIGINATING DEPARTMENT
Engineering
Report/
6g
BY: James E. Schrantz
The City Council is requested to review the attached draft feasibility
report for Hanson Boulevard from CSAH 20 to 181st Avenue.
The land abutting this proposed improvement is all residentially zoned.
We used a low land-land value of '$1000/acre; a developable land-land
value of $2000/acre and $3000/acre to $3500/acre land value for developed
lots. We used $1000/parcel for acquisition costs along with Engineering,
Administration, and Assessing costs.
The unit used is an equivalant front footage based on a benefit factor
reflecting soil conditions (see excerpt from Blaine's assessment manual),
The draft report shows the average, estimated cost, equivalant front
footage, and the estimated assessment.
The previous project we assessed by an area method using the area 40
acres on each side of the road.
This section has a lot of low sod field and wetland parcels so I thought
we could look at the equivalant front footage method. I used this method
when Blaine was preparing to construct 109th Avenue east of TH65 so this
method has Seen a public hearing.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
December 11, 1986
Honorable Mayor and City Council
City of Andover
1685 Crosstown Bouelvard N.W.
Andover, Minnesota 55304
RE: Feasibility Report, Project 86-5
Hanson Boulevard, From CSAH 20 to 181st Avenue;
Street Construction
Dear Mayor and City Council:
We have completed a feasibility study for the construction of the Hanson
Boulevard street construction project.
The area of benefit for this project, all within the City of Andover, is
included in the following generally described area:
The W~ of the NW! of Section 14, Township 32, Range 24;
The n of the NE! of Section 15, Township 32, Range 24;
The W~ of the W! of Section 11, Township 32, Range 24;
The W! of the E~ of Section 10, Township 32, Range 24;
The W! of the SW! of Section 2, Township 32, Range 24;
The n of the SEt of Section 3, Township 32, Range 24;
The E~ of the NEt of Section 3, Township 32, Range 24.
In particular, this includes those properties abutting Ward Lake Drive
on the East between 177rd Avenue and 181st Avenue.
The estimated city cost for this project is $111,000.
This project is feasible and will benefit the area served.
Sincerely,
CITY OF ANDOV ER
James E. Schrantz
City Engineer/Public Works Director
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FE~SIBILITY REPORT
HANSON BOULEVARD
PROJECT NO.
CSAH 20 TO CR 58
Scope of Improvement
This project is a joint project between the City of Andover and the
County of Anoka. The city is financially responsible for the right-
of-way acquisition and Anoka County is financially responsible for
the construction and maintenance of the project.
Assessment Policy
The city's assessment policy provides that where the city's MSA funds
are used on an MSA street or County State Aid Highway, the cost of
the right-of-way will be assessed to the benefitting properties.
Estimated Costs
The cost of the right-of-way acquisition is as follows:
Engineering
$91,000
15,000
3,500
1,500
$111,000
Condemnation Cost
Administration
Assessing
The lands abutting the improvement are all zoned residential. The
estimated costs are based on a$1000/acre low land, $2000/acre developable
land, $3000/acre subdivided land and a $1000/parcel acquisition cost plus
engineering and administration costs.
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EQUIVALANT FRONT FOOTAGE BASED ON BENEFIT FACTOR
BENEFIT FRONT EQUIVALANT FRONT COST/EQUIV. PROPOSED
FACTOR FOOTAGE FOOTAGE FT/FOOTAGE ASSESS
9 1.0 1255 1255 6.06 7,605
7 1.0 2580 2580 15,635
8 1.0 1320 1320 7,999
6 1.0 1287 1287 7,799
2 1.0 1291 1291 7,823
0 1285 , 0 0
5 0 1292 0 0
4 0.25 985 246 1,491
1 0.25 2495 624 3,781
3 0.25 355 89 (662) 4}012
0.5 1145 573
11 0.25 450 112 679
12 0.25 200 50 303
9 0.25 50 12 . (2097) 12,708
1.0 2085 2085
10 0 0
13 .025 300 75 (1160) 7,030
1.0 1085 1085
14 0.25 605 151 (561) 3,400
1.0 410 410
15 1.0 555 555 3,363
16 1.0 210 210 1,273
17 1.0 1800 1800 10,908
8 1.0 305 305 1,848
7 1.0 300 300 1,818
6 1.0 300 300 1,818
5 1.0 300 300 1 ,818
- 4 1.0 330 330 2,000
~ 3 1.0 330 330 2,000
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- 2 1.0 330 330 2,000
- 1 1.0 300 300 1,818
-
=
- $18,305 $110,929
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ESTIMATED RIGHT OF WAY ACQUISITION COST
0 PARCEL ACRES $ LAND COST COST
-
9 Bayers 3.617 $2000 $7234
7 Aasness 1. 481 2000 2962
8 Aasness 3.789 2000 7578
6 Osman 3.524 1800 6343
2 D. Kuiken 3.031 1200 3637
5 Buescher 5.883 1000 5883
4 Hoffman 1.701 1000 1701 '.'
1 J. Kuiken 4.286 1000 4286
3 Hoffman 2.584 1000 2584
11 J. Kuiken .828 1000 828
12 Glatt .300 1000 300
9 Audette 1. 528 2000 3056
10 J. Kuiken 3.231 2000 6462
13 Johnson 1. 93 1800 3474
14 Walker .65 2000 1300
15 Orr .006 2000 12
16 Orr 0 3000 0
17 Orr 1.077 1500 1615
8 Britton .414 2500 1035
7 Bradley .332 3000 996
6 Arntzen .258 3500 903
5 Kordiak .196 3000 588
4 Bradley .226 3000 678
3 O'Brien .209 3000 627
2 Skwarek .114 3000 342
1 Aker .17 3000 510
$64,934
26 Parcels @ $1000/parcel $26,000
$90,934
Engineering $15,000
Administration $ 3,500
Assessing $ 1,500
$110,934
USE $111 ,000
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for project
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Industrial/Commercial Street
ad project) adjusted by the
ENR index
Urban
project plus $5/foot for
ENR index plus 75% of the right5bf-way
1976 base year ENR Index No. 2305.
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wi 11 have the typi ca 1 street cost adjus ted by the benefi t factor.
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due to soils or flooding but allowing scattered development.
BF = 0.25-0.75
--.-.,
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3.
street will be
along M.S.A. streets
y roads will be credited
for pr ious street assessments. i any.
(a)
d fora permanent street win be
not be assessed for t~e M.S.A.
(b)
amount previously paid converted to
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE December 16, 1986
AGENDA SECTION
NO,
Non-Discussion Items
ITEM Proposed Assessments/
NOAndover-Coon Rapids Joint
6
ORIGINATING DEPARTMENT
Engi neeri ng
FOR
The City Council is requestedtoreview the attached proposed
assessments for improvements that Coon Rapids will construc
and bill Andover so we can assess Andover property owners.
The majority of the assessments will be against Good Value
and Stanton except for the Storm Sewer assessments.
Andover has had a public hearing on the Storm Sewer plan.
The Water systems will be interconnected along Hidden
Creek East.
Note that one lot in Andover will be totally serviced
by Coon Rapids.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
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BENNETT. RINGRQSE, WOLSFELD. JARVIS. GARDNER. INC. . THRESHER SQUARE. 700 THIRD STREET SOUTH. MINNEAPOLIS. MN 55415 . PHONE 612/370.0700
PLANNING
TRANSPORTATION
ENGINEERING
ARCHITECTURE
December 2, 1986
Mr. Bill Ottensmann
City of Coon Rapids
1313 Coon Rapids Boulevard
Coon Rapids, MN 55433
RE: Andover/Coon Rapids Inter City Agreement
133rd Avenue N.W.
Dear Bill:
Attached are revised copies of the Andover/Coon Rapids Joint Facilities exhibits
and a separate assessment breakdown, by parcel, within Andover. These exhibits
replace the original copies you received earlier. The total street cost to Andover was
reduced because the sidewalk item bid should not have been included in the
Andover portion of shared cost. Storm sewer cost to Andover was also reduced
slightly due to an error in the "weighted acre" computation on a low area
immediately north of the Oaks of Shenandoah 9th Addition development.
We are sending extra copies for circulation to Andover. If you have any questions,
please feel free to call.
Respectfully,
BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC.
~~
Dan Vollhaber
DV/da
Attachment
cc: John Peterson, Good Value Homes
Roger Nelson, R. Nelson Associate~
Jim Schrantz, City of Andover~
File: 16-8629
().\VIO J. BENNETT DONALD W. RINGROSE RICHARD P. WOlSFELO PETER E. JARVIS LAWRENCE J. GARDNER THOMAS f. CARROLL CRAIG A. AMUNDSEN
DONALD E. HUNT MARK G. SWENSON JOHN 8. McNAMARA DONALD L. CRAIG RICHARD D. PILGRIM DALE N. BECKMANN DENNIS J. SUTLIFF
MINNEAPOLIS DENVER BRECKENRIDGE PHOENIX
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DATE
December 16, 1986
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO. Approval of Minutes
ORIGINATING DEPARTMENT
Admin.
ITEM Approval of Minutes
NO.
BY: V. Volk
7.
APPROVED FOR
AGEND~ tp
BY:
\
The City Council is requested to approve the following
minutes:
November 13, 1986 Special Meeting (Elling absent)
November 18, 1986 Regular Meeting
November 20, 1986 Special meeting
December 2, 1986 Regular Meeting
December 9, 1986 Special Meeting
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MOTION BY
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COUNCIL ACTION
SECOND BY
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Metropolitan Council
300 Metro Square Building
Seventh and Robert Streets
St. Paul, Minnesota 55101
Telephone (612) 291-6359
December 10, 1986
To
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/~~/~,
James E. Schrantz
Director of Public Works
City of Andover
1685 Crosstown Blvd. NW.
Andover, MN 55303
Dear Mr. Schrantz:
Attached is the first of an annual system information package for Andover. We
are preparing specially tailored packages for each community in the
Metropolitan Area.
The Metropolitan Land Planning Act requires a local government to determine
within nine months of receipt of a system plan amendment if its local
comprehensive plan needs to be amended. Until now our procedure has been to
distribute the system amendments upon Council adoption, at any time of the
year. Local governments have not had the' opportunity to consider the
amendments together. Furthermore, no assistance has been given to local
officials to identify the key parts of system plan amendments that affect their
communities.
The new system information packages are intended to address these problems by
(1) assembling all of the amendments for the calendar year at one time; (2)
starting the nine-month period for all amendments at the end of the year; and
(3) highlighting the parts of the amendments that specifically affect your
community.
This year's package contains only the Aviation System Plan amendment. We have
also included the latest Council forecasts for your community; and for those
affected by the Metropolitan Urban Service Area (MUSA) line, a summary of the
MUSA delineation. Next year we are likely to have amendments to the sewers,
transportation and parks system plans, as well as the solid waste policy plan.
We hope that this will be helpful for you and we welcome any comments or
suggestions to make this a better program.
Sincerely,
~;;/~7L?
Chair
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An Equal Opportunity Employer
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AVIATION SYSTEM STATEMENT FOR 1986
ANDOVER
r.
GENERAL DESCRIPTION
The new Aviation Chapter of the Metropolitan Development Guide, adopted by
the Metropolitan Council on May 8, 1986, contains no major changes in the
physical elements of the system, but highlights and reinforces the need for
optimum utilization of aviation facilities and proper planning and coordination
to ensure that urban development and airport operations are compatible.
Minneapolis-St, Paul International Airport is to remain the sole major airport
in the Metropolitan Area. In addition to MSP, six intermediate or minor
airports are also owned and operated by the Metropolitan Airports Commission
(MAC). Five other public use aviation facilities exist in the area, muni-
cipally or privately owned and operated. The potential need for one more
general aviation airport in western Hennepin County is still identified in the
Aviation Chapter. The only substantive difference from the previous Aviation
Chapter is that the ~~C has purchased Airlake Industrial Airport, in southern
Dakota County, in the area previously identified as "Search Area "B", and
therefore that search area has been dropped from the system.
II.
LOCAL PLANNING ISSUES
t.
In terms of local planning needs, the Aviation Chapter emphasizes consideration
of aviation/land use implications of development. The major concept is that
of compatibility between land uses and airport operations. Guidelines for
identifying appropriate land uses in the vicinity of airports are a part of the
Aviation Chapter. Also, protection of critical airspace from obstruction by
tall buildings or communication towers is necessary. Long-term comprehensive
airport plans are now required of airport operators to better integrate
information pertinent to developing and operating an airport in a manner
compatible with the surrounding environs. Affected local communities need to
coordinate planning: efforts with those of airport operators. Roles and
responsibilities of governmental units at all levels are defined within the
guide chapter.
An Aviation Committee, composed of local governmental representatives, exists
under the structure of the Metropolitan Council's Transportation Advisory
Board. This committee provides an opportunity for local input into the
aviation planning process. Local communities are represented through the
Association of Metropolitan Municipalities.
Airspace Obstructions
o
As the Metropolitan Area develops, it becomes more important to protect
critical approaches and flight paths from intrusion by tall buildings and other
tall structures. Your community is located in an area where the need for
airspace protection exists. Figure 10 in the Aviation Chapter, along with the
applicable text on pages 16 an 17 describe the four identified geographic
policy areas, their locations, and planning measures to be followed to avoid
loss of critical airspace.
~
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Establishing an Airport in Your Community
Should your community desire public aviation facilities such as airports,
heliports and seaplane bases that are not included in the Metropolitan Airports
System, the Aviation Chapter, has established a procedure to be followed.
Please refer to page 41 of the Aviation Chapter for a description of the
process.
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If Andover passes a resolution requesting No Parking on
Round Lake Bouelvard near the lake, the County Highway
will post the No Parking a few days after they receive
the resolution.
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WATER FUND
O~I>V /}1vo /lJ1J11t/-rm!P//6
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"1100 f#5 g~ /)z/CLUPeD /N I3tJP6d~ 5~M7 I~ 19/2-
.L517/rJ/!1ED th3'r;o ,//7#/^7/;/N frm? -! WflL ~ /
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CITY OF ANDOVER
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REVENUES
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DEPARTMENT:
UBJECT
CODE
OBJECT
DE SCR I P T ION
I Y~;6
AIJUI'IEU
9/30/B6
REPORT
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E. S 711rl'A n:-
1987
f?~ve"T
19 '?7
f}{)ofll.O
WATER SALES l~tJ 0",
36110 (;ert1t1ed bills 616 ~/6
3L300 Sales Tax 30 18 J'i{ 30
362LO Interest 200 wO zoO
37LLO General Customer 44,950 20.864 zg prO " 3, gOO
37L40 Other Customer LOO J 00 I 0 0
37150 ConnectiOn Fees 2,250 4 770 .soo~ flC"O
37L5L Unit Connection Charges See W.C.C. C~ OOOt:J 142.., !;C'O ~ 70 o'ffl1fll.
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37152 Other Fees - Permits LOO 0 It) (;>
37L60 Penalties 500 537 51() '60
37170 Hydrant Rentals LOO - 10 v
37171 Meters LO,OOO 9,540 12,,00 J S,5"llC
39200 Transfers from other Funds
36260 ' Refunds/Reimbursements 41 4-/ 10-0
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47,515. 1'(",:3".30.
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TOTAL WATER SALES
58,230 36,386
47, .51:? g'l '$ ~ 0
ENTERPRISE FUND - WATER
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LfdU 10 7{: 0 C~/1/fJ;I/, ",,;
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CITY OF ANDOVER EXPENDITURES
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DEPARTMENT: I
SOURCE, STORAGE, TREATMENT 49400
OBJECT OBJEC r I ':I~l6 9/30/86 I~fb ''187 )9g7
CODE DESCHIPTIOfl IlllUI'Tlll REPORT rom) (Ill: e~vr!>;,T }jocl'PO
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Operating Expenses
'l-\~ 210 Operating Supplies - Gen. 100 6 10 3DO
216 Chemicals - General 4,000 3,593 ,#:00 8''10 D
2161 Chemicals - Testing 300 300 .tf-ou
227 Repair/Maint. Supplies 1,000 136 /bdO zooo
315 Professional Svcs.,-Lab. 300 162 300 5'00
321 Telephone 1.800 1 083 /5'110 / '(0 0
360 Insurance 600 2.246 :3 000 (",tJoO
3Bl Electric 6,400 3.549 tf-frbO <gooo
383 Heat 1,200 417 'jOO J'?oO
400 Repairs/Maint.-Gen. 500 745 /tJIJO 2000
401 Repairs/Maint.-Bldg. 150 (SO 3DO
402 Repairs/Maint.-Well & Pump 1.100 178 z<>o /$00 5
403 Repairs/Maint.-Contr. 700 0 MioO
433 Dues/Registrations 20 74 7</ /00
I Ill3Y 3<./500
TOTAL OPERATING EXPENSE 18,170 12,189
Capital Outlay
580 Equipment 1,700 /) /700
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TOTAL SOURCE. STORACE, TREATMENT
19,870
12,189
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3./.,:;00
ENTERPRISE FUND - WATER
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/50 t)
OTY OF ANDOVER
EXPENDITURES
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.- DEPARTMENT: DISTRIBUTION 49430
OllJEcr OBJECT 1986 9/30/86 I qg"h /9'27
CODE DESCRIPTION ADOPTED REPORT 1571...,.n- f~ V~r
Personal Services
125 Medicare 5 10 /0
101 Salaries 13.670 9,427 /2,6oD /Oi1...0.D.
121 PERA 581 387
122 SSA 977 652
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131 Health Insur-ance 834 531
133 Life Insurance f8 13
TOTAL PERSONAL SERVICES 16.080 II ,015 /1'18'([0 "I '150
Operating Expenses
210 Operating Supplies 600 849 II ~" ZooO
212 Gasoline 250 130 173 :aSD
214 Meter Repair 500 221 .3~O ~Cc.)
219 Hydrant Repair 200 0 ;z,oC!
220 Repairs/Maint.Supplies-Gen. 1.500 220 30 co /SO 0
221 Repairs/Maint.Supplies-Veh. , 150 III IS:O :.~O
224 Repair-s/Maint.Supplies-Sts. 800 0 riOt:)
227 Repair-s/Maint.-Water-mains , 500 S;;OO
; 0
303 Professional Service-Eng. I 500 0 500
321 Telephone 20 38 ss- 7S-
400 Repair-/Maint. Labor - Gen. 200 0 2-CJc.)
402 Repair-/Maint. La ho r - Str-eet 800 0 ?'tJO
404 Repair-/Maint. Labor - Veh. lOO 3 ItPO /00
406 Meter - Labor- 50 :5(!T SO
407 Hydrants - Labor- 50 ,5?) SO
415 Rentals - Equipment 500 4 4- ..5l7O
TOTAL OPERATING EXPENSES 6.720 1.576 ~31:l.- lt3~5. "-
Capital Outlay .
530 Improvements ...'... 500 0 $00
580 Equipment VI ~ "."".,.tnf-. - 950 /t>()O
581 Meters/Horns I.'JUU 4,031 .9f(} 0 ?(Jf>O
TOTAL CAPITAL OUTLAY 8,400 4,981 5YOO 11500
Debt Service
, 603 ' Principal 827 8'Z7 KS-O
613 Interest 153 /5'3 Ib 0
TOTAL DEBT SERVICE 980 7'ifO /0/0
TOTAL DISTRIBUTION 31,200 18,552 ~n.Ljq'.}- 3O.1~5
ENTERPRISE FUND - WATER
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EXPENDITURES
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DEPARTMENT: ADMTNTSTRATH)N 49440
OBJECT OBJECT 1986 9/30/86 ,q if, Nt7
COOE Ut:5CRlrTION AOOP TE 0 REPORT $1 h'}I(tl: ft~vat
Personal Services
101. Salaries 1.880 632 t<f 0 S57{)
121 PERA 80 27
122 SSA 134 45
131 Health Insurance III 131
133 Life Insurance 5 3
TOTAL PERSONAL SERVICES 2,210 838 1/20 71-1 0
Operating Expenses
200 Office Supplies - General 200 97 00 2,,00
210 Operating Sup.-General 100 319 1{-2-0 roO
220 Repair/Maint. Sup.-Gen. 100 0 10 cJ
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322 Postage 200 183 2.5'"0 4-S-0
360 Insurance 100 241 3Z0 lflJO
400 Repair/Maint. Labor-Gen. 100 C> 10 c)
433 Dues/Registrations 400 409 40'1 ~()O
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Captal O"t lay
560 Furniture 100 0 I' {)-o
~ .., 5}0 Office Equipment 100 0 100
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, ' 200
TOTAL CAPITAL OUTLAY () z.o"O
Fund Reimbursements
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720 Debt Service
721 Depreciation
722 General Fund-Admin.
822 Sales Tax LV 0 Z.O
TOTAL FUND REIMBURSEMENTS 20 - :1.0
49980 Interest Expense 81 I/O I~O
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TOTAL ADMINISTRATION 3.630 2,184 ~175 QQ50
TOTAL WATER EXPENSE IP 51, 70'0 32,925 d '13</0' 7f..,Q3S
ENTERPRISE FUND - W~TER
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CITY OF HAM LAKE
15544 CENTRAL AVENUE N.E.
HAM LAKE, MINNESOTA 55304
434-9555
NOTICE OF PUBLIC HEARING
CITY OF HAM LAKE
COUNTY OF ANOKA
STATE OF MINNESOTA
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TAKE NOTICE, that pursuant to the requirements of ~innesota Law,
a public hearing shall be held before the Ham Lake Planning
Commission on Monday, December 29, 1986 at 7:30 p.m. at the
City Hall located at 15544 Central Avenue N.E. for the purpose
of considering the application of Joseph Alvite for a Conditional
Use Permit to operate the Minnesota Winter vikings Festival, an
event to be opened to the general public for winter games, food,
drink and entertainment on certain lands situated in the City
of Ham Lake, Anoka County, Minnesota and which are described
as follows:
The South half of the Northwest Quarter and the Northeast
Quarter of the Southwest Quarter of Section 19, Township
32, Range 23, according to the Government Surveyor
15455 University Avenue N.E.
At such hearing, both proponents for and opponents against such
application shall be heared.
DATED: December 18, 1986
Virginia M. Van Vleet
Building and zoning Clerk
City of Ham Lake
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"IMElaTA WINTER VIKINGS FESTIVAL
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IIld.mll. mn. 65304
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YIKING FESTIYAl
Three Weekends of Winter Frollc
When: February 7 & 8, Hours 10:30 A.M. to 5 P.M.
February 14 & 15, Hours 10:30 A.M. to 5 P.M.
February 21 & 22,Hours 10:30 A.M. to5P.M.
Where: 15455 University Avenue N.E.
20 Miles North of the IDS Building
115 k-res of Winter Wonder land
Who W111 Pav: AnybOOy Interested in Winter Games, FcxxI, Drink, and Entertainment
Admission Costs: $ 6.00 Adults
$3.00 Children
Children UnD3r the Age of 5 Will be Admitted Free
Who WilJ Participate: A) Artists
B) k-tors
C) Sportsmen
D) Foo:! & Drink Sales
E) Game Keepers
All PartiCipants Will Pay to 00 so.
Averf!qJ Fee, $30.00 per Person
All Participants to Have Winter Nordic Old Wares, Garb, and Habitats
With Entrance Fee the Customer W111 be Exposed to: A. Winter Nordic Plays - Free
B. Arts & Crafts - Free
C. Hay Rides - Free
D. FcxxI & Drink - Pay
E. Winter Games - Pay
F. Sled Races - Free
O. Parking - Free
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ADVERTISI~G
HOW Will THE CUSTOMER KNOW ABOUT THIS EVENT;
1 ) udvertising on radio
2) advertising on posters
3) advertising on newspapers
4) advertising on special groups
All advertising will take place on the last 3 weeks of
january and february.
1) 3 of the most popular radio stations
2) 17 x36 poster to go to ull burs and public pluces
3) copy to go to the mineapolis tribune, st. paul
pionier, the reader, etc.
4) brochures to go to the mineapolis tunst office
groups such the boys scouts,religious groups,
single organisations,corpornte news letters,
rotary groups, lions clubs, etc.
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MINESOTA,S VIKING WINTER FESTIVAL
PARTICIPANTS
A) ARTISTS
lPOTERY
2PAINTlNGS
3SCULPTORS
4WOOD CARVERS
B) ACTORS
1 THEATRE ACTING WINTER PLAYS
2 PALM READERS
.3 TAROT CARDS READERS
4 ASTROLOGERS
5 MAGICIANS
C) SPORTSMEN
1 DOG SLED RAC I NG
2 SLED RAC I NG
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. MINESOTA.S VIKING WINTER FESTIVAL
GAMES
1) LOG WALKING/SACKING'
2) AX THROWING
3) SPEAR THROW I NG
4) ARCHERY
5) ROPE PULLING
6) WOOD CHOPING
7) FINISH SLED
PARTICIPATING TEAM SPORTS
1 ) DOG SLED RACES
2) ICE SCULPTING
3) ROPE PULLING
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FOOD AND DRINKS
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1) BEEF ROAST
2) HOT DISHES
3) LEFSA
4) PORK ROAST
5) TURKEY LEGS
DRI NK STANDS
1) WINE
2) BEER
3) SOFT DRINKS
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league of minnesota cities
November 26, 1986
To: City clerks, managers, and administrators
From: Peter Tritz
Re: New developments in LMCIT's property/casualty program
The LMCIT Board of Trustees has approved a number of changes in
LMCIT's property/casualty program. Most of these changes take
effect for coverage written or renewed after Nov. 15. Enclosed
are several memos which describe respectively LMCIT's
property/casualty rate changes; new deductible options available
to cities; the switch to a claims-made liability form; and the
revised liability coverage form.
We suggest that these materials be placed on the council's
agenda as an information item, to help keep them abreast of
these developments in their program of pooled self-insurance.
If you have any questions or need additional information, please
feel free to call me at the League office. Or contact LMCIT's
program administrator, North Star Risk Services,1401 W. 76th
St., Minneapolis, Mn. 55423; phone (612) 861-8600.
1 [33 cWlIverSlty avenue east, st, paul, minnesota 551 01 (612) 227-5600
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league of minnesota cities
LMCIT "CLAIMS-MADE" LIABILITY FORMS
LMCIT will use a "claims-made" coverage form for generaf
liability and pUblic officials errors and omissions coverage
written after Nov. 15. (Automotive liability coverage will
continue to be written on an "occurrence" basis.) This memo is
intended to help explain to city officials what this change
means, the problems "claims-made" coverage can create for the
buyer, and how LMCIT has dealt .with those problems.
The primary reason for changing to "claims-made" coverage was
that it would have been difficult or impossible for LMCIT to get
reinsurance if an "occurrence" form were used. "Claims-made"
coverage also simplifies underwriting and rating to some extent,
since the underwriter does not have to try to predict and allow
for possible future changes in the law governing liability for
occurrences during the current year.
What is "claims-made" coverage?
The basic difference between "claims-made" and "occurrence"
coverage is in which claims are payable under a particular
policy. With "occurrence" coverage, the key question is when
the incident happened. If the incident occurred during the
policy period, it is covered regardless of when the claim is
made. (This assumes, of course, that the incident is one which
falls within the kinds of claims that the pOlicy covers.)
With "claims-made" coverage, whether a claim is covered by a
particular policy depends not only on when the incident occurred
but also on when the claim was first made. This can perhaps
best be illustrated by an example.
Consider a "claims-made" policy which runs for the calendar
year. The 1987 policy will cover claims arising out of
incidents which happened during 1987, provided the claim was
also made during 1987. When that policy is renewed for 1988,
the 1988 policy will cover claims made during 1988 which arise
out of incidents that happened during either 1987 or 1988. The
1989 renewal, then, will cover claims made during 1989 for
incidents which happened during 1987, 1988, or 1989.
Thus, each successive renewal of a "claims-made" policy covers a
greater number of claims. This is the reason why "claims-made"
coverage is cheaper during the first year, and why each
successive renewal of a "claims-made" policy becomes more
expensive. (The cost does level off after about five years.)
18:.:3 unlversl1:;y avenue east" ~;t,. PClul, minnesot,a 551 01 (612) 227-5600
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Potential problems with "claims-made coverage
The problem with "claims-made" coverage really arises when you
want to change carriers. The new carrier typically won't want
to accept risk for claims arising out of incidents which
happened before the inception date of his poiicy. This can
create a gap in coverage, for claims made after the date of the
change in carriers for incidents which happened before the
change. Unless special steps are taken, neither carrier will
cover those claims,
to,
There are two ways to solve this problem; either will involve
paying some additional premium to someone. One is to get the
new carrier to agree to cover claims from those earlier
incidents. However, most carriers are very reluctant to dO
this, although it is certainly worth inquiring about if you find
yourself in this situation. The second way is to get the old
carrier to agree to cover those claims, even though the claim
happens after his policy has expired. (This agreement is called
an "extended reporting period.") Of course, the old carrier has
no particular incentive to agree to give you that extension, or
to charge a reasonable price if he does agree to do it.
This is why is is extremely important in purchasing a
"claims-made" policy to make sure that the policy gives you the
right buy an extended reporting period. Unfortunately, many
"claims-made" policies give the buyer that right only if the
carrier cancels or refuses to renew the coverage. Thus, if the
buyer decides not to renew the coverage, the old carrier is
under no obligation to offer an extended reporting period.
If an extended reporting period is offered, it may be only for a
limited time - sometimes as little as a year or two. An
extended reporting period of limited duration certainly is
better than nothing, but if there is any time limit at all, the
potential gap still exists.
A third problem is that even if the policy gives you the right
to buy an unlimited extended reporting period, the cost to buy
that extension probably won't be specified. You'll have to pay
whatever the old carrier feels like charging. (The standard
"claims-made" forms recommended by ISO, for example, state only
that the cost of the extended reporting period can't exceed 200%
of the last year's premium.)
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How LHCIT addresses those problems
LHCIT's revised coverage document includes an automatic 60 day
extended reporting period. It also gives the city the right to
purqhase an extended reporting period of unlimited duration.
The clty has this right regardless of whether it is the city's
or LHCIT's decision not to continue the coverage. The cost of
purchasing the extended reporting period is specified in the
coverage document itself.
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The cost depends on how long the city has been covered under the
"claims-made" coverage. It ranges from 34.6% of premium if
coverage has been for one year, up to 70.8% of premium if
coverage has been for five years or more. By comparison,
standard ISO "claims-made" forms allow a range of up to 200%.
Other forms often say nothing at all about the cost of extending
coverage.
Because the LMCIT coverage document offers an unlimited extended
reporting period for a known cost, the city really has ~vailable
the equivalent of "occurrence" coverage. The city may wish to set
aside each year the funds necessary to purchase the extended
reporting period; i.e., roughly 35% of premium the first year,
18% the second year, 8% the third year, and so on. After five
years, the cost of the extended reporting period stops
increasing, so that no further funds would need to be set aside.
(The exact percentages needed would vary somewhat depending on
changes in the city's rating base from year to year.)
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league of minnesota cities
LMCIT CHANGES IN COVERAGE
,',
LMCIT has made a number of changes in the liability coverage
documents. The language has been simplified considerably, and
most of the coverage provisions which were formerly handled by
endorsements are now incorporated into the body of the document.
There are also a number of substantive changes in the
coverage. These changes eliminate many of the ambiguities and
internal inconsistencies of the old coverage forms, broaden the
coverage in a number of areas, and conform the coverage much
more closely to the city's statutory duties to defend and
indemnify its employees.
The format of the liability coverage document is as follows:
I. COVERAGES
A. General Liability
B. Medical Payments
C. Personal Injury
D. Errors and Omissions
E. Automotive Liability
II. WHO IS COVERED
III. LIMITS OF COVERAGE
IV. DEFINITIONS
V. SUPPLEMENTARY PAYMENTS
VI. CONDITIONS
This memo summarizes the major substantive changes in the
coverage. (The change to a "claims-made" format is described in
a separate accompanying memo.) Keep in mind that this memo is
just a summary. It will be important for cities and agents to
read and understand the actual coverage document.
1. Police Exposures The general liability coverage part has
been broadened to provide the city and its employees coverage
for the use of reasonable force to protect persons or property.
Further, the personal injury coverage part has been broadened to
cover the city and its employees for assault or battery
committed for the purpose of protecting persons or property, or
incidental to an arrest.
'I rL3 ur1lver'E,;lt;y avenue east. st, paul, Inlnnesota 551 01 (612) 227-5600
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2. Civil rights coverage The errors and omissions coverage is
revised to make it explicit that See, 1983 and similar civil
rights claims are covered, (Note that LMCIT has consistently
taken the position that most of these claims were already
covered under the old forms; thus, this is more a clarification
than an expansion of coverage.)
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3. Defense coverage The statutes and court cases make it clear
that a city's duty to pay for defense of its officers and
employees is much broader than its duty or its authorizatlon to
indemnify them. The general liability, personal injury, and
errors and omissions sections are revised to reflect this broad
duty to defend employees. A provision in the "conditions"
section brings the coverage of damages (as distinguished fro~
defense) into conformance with the city's statutory duty and
power to indemnify its employees.
4. Punitive damages LMCIT has consistently taken the position
that punitive damages will not be indemnified. This is now made
explicit. Note though that LMCIT would still cover the defense
of suits for punitive damages, provided that the actions leading
to the suit arose in the course of the employee's duties.
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5. Errors and omissions exclusions Formerly LMCIT's errors and
omissions coverage, like nearly every other errors and omissions
form, excluded coverage for property damage, bodily injury, and
personal injury. This created a potential coverage gap for
those claims which didn't arise out of an "occurrence" (i.e.,
an accident), but which resulted in property damage or bodily
injury. (One example might be a claim for property damage
arising out of a decision to abate an alleged nuisance, which
a court later determined to be improper.) The errors and
omissions coverage has been broadened considerably to eliminate
this possible gap.
6. Professional services exclusion - ambulance and engineer
exposures The "professional services" exclusion to the liability
coverage part has been modified so that only the professional
services provided by an attorney, architect, medical doctor,
dentist, nurse, or pharmacist are excluded. Thus, other
professional serivces, such as those of an ambulance attendant,
paramedic, "First Responder," etc. are not excluded. Similarly,
the professional exposure of a professional engineer who is an
employee of the city is no longer excluded. (Consulting
engineers would continue to be excluded as independent
contractors.) These changes eliminate the need for a separate
"ambulance malpractice" or "engineer's malpractice" policy to
protect city employees and volunteers.
This revised "professional services" exclusion can also be
endorsed on to the city's existing coverage, to provide the
expanded coverage for the remainder of the existing policy's
term.
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7. Aggregate limits All annual
eliminated with two exceptions:
payments.
aggregate limits have been
products liability and medical
8. Fellow employee exclusion The "fellow employee" exclusion
has been removed from the general liability and automobile
coverages. Coverage is now provided for claims made against one
employee of the city by another employee.
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9. Medical payments The "medical payments" coverage has been
modified to apply only to bodily injury arising out of a '
condition on premises which the city owns or rents. This does
not include streets, sidewalks or boulevards, except for those
abutting city-owned buildings or city-owned parking lots.
10, Employment-related claims Contractual obligations (not
to be confused with contractually-assumed tort liability) are
generally not covered under the liability coverages. However,
the errors and omissions coverage has been modified to provide
coverage for employment-related obligations, except for wages
and benefits owing.
11. Firefighters liability The automobile liability coverage
now specifically provides coverage to firefighters for the use
of any automobile (including the firefighter's own automobile)
in the performance of his official duties. Cities are required
by statute to provide this indemnification.
12. Relief associations Local fire or police relief
associations and their officers, employees, and members are now
listed as covered parties under the liability coverages.
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13. Joint powers entities The coverage contract now
specifically excludes coverage of any joint powers entity, and
of any city liability arising out of the activities of a joint
powers entity, unless specifically named in the declarations.
This does not mean that LMCIT will not cover joint powers
entities. Where coverage is needed for the activities of a
joint powers entity, LMCIT will issue a separate coverage
document to the joint powers entity. That coverage will also
name each of the entity's constituent cities as additional
covered parties. This approach has the advantage of putting all
of the coverage relating to the joint entity's activities under
a single coverage document, rather than involving the liability
coverage of each of the constituent cities.
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Note also that the exclusion applies only to those joint powers
agreements which actually create a separate joint entity, Joint
powers contracts under which the city is merely providing
services to or receiving services from another political
subdivision don't create any special problems under the city's
LMCIT coverage.
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league of minnesota cities
LMCIT PROPERTY/CASUALTY RATES
I
1. Overall For coverage written or renewed after Nov. 15,
LMCIT's property/casualty rates will be reduced somewhat. The
largest reductions will be on the property, automotive physical
damage, and inland marine coverages. These reductions reflect
LMCIT's consistently good loss experience in these areas.
Rates for general liability coverage will also decrease
slightly. This reduction is largely a function of the switch to
a "claims-made" coverage form, as discussed in an accompanying
memo. However, it also reflects projected savings attributable
to LMCIT's in-house defense capability, and to the 1986
amendments to the municipal tort liability statutes. The
revised rates also reflect the broader coverage provided by the
revised coverage forms.
Of course, an individual city's premium will be affected by any
changes in the city's exposures - e.g., increased city
expenditures, higher property values, etc. - as well as by the
rate changes.
Cities should also keep in mind that the 10% reserve assessment
has been eliminated for all renewals after the June 1, 1986.
2. Small cities rate credit As part of the overall review of
rates, LMCIT looked at how premiums and losses have compared for
various population classes of cities. This study showed that
the experience has been somewhat better for smaller cities than
for larger ones.
Because of this loss experience, cities of under 500 population
will receive a rate credit of 20%, Cities between 500 and 2500
population will receive a 10% rate credit. These rate credits
will apply to coverage written or renewed after Nov. 15, 1986,
and will be applied in addition to the overall rates changes
described above.
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] 8:3 ur,iverslty avenue east, st, paul, minnesota 551 0'1 (612) 227-5600
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III1'lIl1C
league of minnesota cities
NEW DEDUCTIBLE OPTIONS
One way in which a city can reduce its cost of coverage is by
retaining some of the risk itself, LMCIT has developed a new
"annual aggregate deductible" approach which offers the
potential for substantial savings to medium and larger-sized
cities while at the same time keeping the city's total exposure
manageable. This option is available to all cities.
Under this approach, all lines of coverage are subject to a
single annual deductible. This deductible might be as small as
$5000 or $10,000 for smaller cities, or as much as $100,000 or
more for larger cities. The city would retain responsibility
for all claims - property, liability, and automotive - until the
total amount of claims for that year equals the annual
deductible. At that point, the coverage reverts either to
first-dollar coverage, or to a small "maintenance" deductible,
This "capping" of the city's annual exposure is a key feature.
The biggest problem with the more conventional approach of
retaining risk through substantial "p~r-line" deductibles is
that the city doesn't know how many of those deductibles it will
have to pay during the year. Under the "annual aggregate
deductible" approach, the city knows its maximum cost in advance
and can budget and plan for that amount. Thus the city gets the
benefits and savings which result from retaining risk, without
being exposed to a potentially unlimited amount of liability.
This approach can reduce the city's premium substantially. In
many cases, the premium reduction is close to the amount of the
deductible itself. Of course, that premium reduction is not all
savings, since the city will have to use some of that money to
pay for the claims under the annual deductible.
This approach offers a couple of advantages to the city. First,
it keeps more dollars in the city's pocket, giving the city an
opportunity for some investment earnings. Second, every claim
avoided is money in the city's pocket.
LMCIT's underwriters will be glad to calculate an optional
"annual aggregate deductible" quote for any city that is
interested. Simply tell the underwriters when you submit the
city's renewal information.
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GEORGE M. HANSEN COMPANY, P.A.
A Professional Corporotion a/Certified Public AccounlQnlS
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December 15, 1986
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Mr. James Schrantz
City Administrator
City of Andover
1685 Crosstown Boulevard
Anoka, Minnesota 55303
Dear Mr. Schrantz:
At your request we have reviewed the personal financial statements of
Robert J. Boisclair and William C. and Karen L. Rademacher in connection with
Andover Limited Partnership.
The Boisclair and Rademacher financial statements are both "compiled"
financial statements, the values stated therein have not been audited or
subjected to other professional review. Compiled financial statements present
information that is the representation of the individuals whose financial
statements are being presented.
The main concern of the City of Andover regarding the above individuals is
their ability to guaranty repayment of approximately $1,100.000 debt to be
incurred in conjunction with the project of Andover Limited Partnership.
The financial statements submitted by Mr. Boisclair indicate a net worth of
$10.075.151 at December 31. 1985. an increase of $700.059 from December 31.
1984.
Note 10 to his financial statements shows that Mr. Boisclair and The Boisclair
Corporation have contingent liabilities in excess of $100 million.
The financial statements submitted by Mr. Rademacher indicate a net worth of
$5.957.812. However. the statements do not reflect the estimated income taxes
on the difference between the estimated current values of assets and the
estimated current amounts of liabilities and their tax bases as required by
generally accepted accounting principles. The omitted estimated income taxes
could be $2 to $3 million reducing the reported net worth to $3 to $4 million.
-0
1433 UTICA AVENUE SOUTH. SUITE 175
MINNEAPOLIS, MINNESOTA 5541 6
612/546-2566
0'
-0
,
Mr. James Schrantz
City of Andover
December 15, 1986
Page 2
Mr. Rademacher's financial statements do not include any disclosures (notes to
financial statements); therefore, certain information such as contingent
liabilities are not available.
Mr. Rademacher's financial statements are for William C. and Karen L.
Rademacher. If the investments and/or fixed assets shown are owned jointly or
by Karen L. Rademacher that could reduce the value of the net worth being
reviewed for his guaranty. Legal counsel should be consulted regarding the
matter.
If we assume the respective individuals net worth is as stated and none of the
contingent liabilities will become liabilities. the net worth of either
individual would be adequate to guaranty repayment of these bonds as of
December 31. 1985.
Based on the above, taxes on the captured assessed value of the property and
the personal guarantees of Mr. Boisclair and Mr. Rademacher should be adequate
for payment of the $1,100.000 of debt.
If you have any questions, please contact me.
Very truly yours.
GEORGE M. Il.ANSEN COMPANY. P.A.
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J. Gregory Murphy
J'GM:iac