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HomeMy WebLinkAboutCC December 15, 1987 CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Mayor and City Council Ci ty Clerk \ ,G. December 15, 1987 Junkyard License Renewals Anoka Auto Wrecking called today to inform me that they started cleaning the cars out of the fire lanes this morning and would probably be finished some time today. The Fire Marshal was unable to reinspect this junkyard today. Wilber Auto Parts has met all of the requirements for their license. CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Mayor and City Council Buildinq Official December 15, 1987 Junkyard Licenses ~/ On December 10, 1987 I inspected Anoka Auto Wrecking and Wilber Auto Parts for compliance with the ordinance. Both junkyards meet the ordinance and I would recommend approval of their 1988 license contingent upon a favorable report from the Fire Marshal. ~ ANDOVER FIRE DEPARTMENT ~ . FIRE MARSHAL DIVISION ~~,1 1785 CROSSTOWN BOULEVARD N.W. ~M~~~ ANDOVER,MINNESOTA 55304 1D % cLu.k: ~ lk~. O>>k W~ ~ ~ ~.r~ UUl ~-k-.F ~ r& ~J~~~~~~ ~1~~~' . ~ w~~f1~~~ ~ ~ ~--VY~ ~lh~ A .~ b"Y'-- . c.,b: t~ ~ ~ R~. S-u- 10. ~o7(e,; -rJ~~. ~tuL ~ 40. r ~ ~ ~ ~ .l-t.~ ~ ~ .620-fuff .. DATE:December 15, 1987 ITEMS GIVEN TO THE CITY COUNCIL Hidden Haven Country Club Letter Anoka-Hennepin Independent School District No. 11 Letter George M. Hansen Company, P.A. Letter GAB Business Services Inc. Letter Burke & Hawkins Letter - Easement Acquisition Regular City Council Meeting Minutes - December 1, 1987 Regular Planning and Zoning Commission Meeting - November 24, 1987 Special City Council Meeting Minutes - November 24, 1987 November 1987 Monthly Building Department Report Ordinance No. 8YY Special City Council Meeting Minutes - December 8, 1987 87-\0 Final Payment Receive Retirement Proposal Ammeded Budget Letter Engineering Services Agreement Right-of-Way/Easement Acquisition 87-3B Engineering matters discussed at SPecial Council Meeting Laws of Minnesota for \987 Charter PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. l~ 7 2604 2605 LAWS llfMINNLSOTA for 1987 n/1:5/,f 7 4 ~ r;.;"J L~, "'i Ch. 372, Art. 5 'lllOIl SLIl\lCE the account Dr till' ~SOll only after receipt of full pavmc!!.! Qy the executive director. -- I CIlFDII A lITIIOlllZA- Subu.:!c OPTIONAl, EMPLOYER PART/AI. PA Yl\mNT. Pavment must be made Qy the pcr~on entitled .!.2. purchase prior service; 1l0W('\,C[, the current or former employer.Q[ ~ person ~ ~ its dis~rl'ti()n, ~ ~1.! 2! ~ portion Q[ the payment amount !hat exceeds an dIIlOllIl! ~lIal!..Q the employee contrihution rales ~ cf1:Cct for the retirement fund during the period QI p('ri()(~ Q[ prior service applied !Q the aClllal ~!i!..!.:.Y rates i!.! effect during !1~ period or ~()ds ~. prior ~rViCl', ~ interest ~ the rate 2f ~~ percer!.! ~ year compounded annually fn.)iH lilt' date on Wllich !.!~ cuntributiuns would ulhcrwisc have heen made l.Q the date on ~'hich the Q~l! ~ made, l I ; 1 , , ~ t~h)tw_i!1:!.:'i!~!~i!~ .!.!.!~ limi- \-is!s..:!! .L ~ ~~:ison \.\'l1ose ~~~! l~!..! i!! Septcmher ~ for tht~ r.~!2li~ ~~~ j}!.!~::: crl'ili~ !2.!' the prior ~ Ql12~g !Q !hc ~ssoci- ~rCtE~ cxpi~~.Q.!! Jalluary SeC. 2. PURCHASE OF PRIOR SEIlVICE BY CERTAIN EMPLOYEES. i I r I i j ~l'fS()!! ~ho G curn'nlli ~ ~~ ~PJl{.l Illedi~l ka~s: ~l!..Q \\'a~ ~~ ~!.! No\'~~ :::..!lH'llt ~~~<ltl(J1l fu!: !L~ '-~ the 12l!L~l!.asc Qi' Qrior Notwithstanding any other ~ ~ person who was employed Qy the l1niver- ~i!.Y Qi' t\.1inncsota hospitals pharmac'y' (kpartmcnt and w(:~ ~ member 2J !he ~1innes()ta sta~ rc:,irCml'111 system frOI!! CktobcI:;L 1967, !Q l\1a1'ch l..L 1968, and who was QQQ0i.!!ted lQ ~ facul!.l position i.!lthe University 2f ~:!i!}neso!l! pharmac}: department and bccam~ E. membc!:: Qf the retirement 1)lan for univcrsi- !l focult\' memhers on April .L 1968, and who on SepteI1lhe~.:u.., 1974. returned !.Q sta~ service and !...Q IllemhershiJ?!!! the tvlinnesota state !(~tiremcIlt system ~ an employee Qf the department of human services may ~ithdraw his account halance from the ~.tift.>i!!Cnt ~.!.! for university faculty members and may Q~~'!:: chase service credit i!! the l\'1inncsota state retirement ~~.!:! for the time ~!!! ~ ~ university L.lcu!.!.l: me-mhe!:.: ~ person covered Qy this ~~clion may Q!!.!Tha~ that service credit 1)\' ~..li!!.g 12 the :Minl1csota state Ictin.:ml~nt system, Q.y Janu- ~ .L J~~ ~~ amollnt equal !..Q Q!! employee, emplovcf, ~!.!.St additional employ- ~ contributions Q.! the ralLS i!.! dlt..:cl when !!~ service ~~ ~ hlCl!.!!..L member was rendered rr!us mterest ~ l~~ rate Q[ six ~rccnt ~ ~ from [he year Q[ purchase !~ !hc dat~ l?i!ll11l'!].!. ~ madc. i , I i , I i 1 . I I 1 I . I l I " ! ! , , ~x ~.. person ~li.g,U)le !Q ~~!~~2..r2 .L th('f(' ~~ bc ~-~.!g ~.uual ~ !l!~ .l2.!:~~~ i~ ~jddi{ional retirement .!~~~ 2.!.' ~ ,jdditiQnal ~IJl'~~ StallltcS1 sec~ .:: .!i!!2~ adup!~s.! ft)I' !!~ ~~~Q21~!!..!E~ ~rvicc !.!.! the ~ ~'LJis.'.b !!!~ minimum .!:::!L!:~.!.:!_~~! ~2! rctirc!!2l'nt ES i!~~:~,~ fv1 i!!I.!csota ~~._':.~~::: s.:~i! Pllrch~t'd. ~!-~ l~ ~ludl'i ann.!:!i!l '-.:~li.~_~; Sl'l~~~ .)5(),:.~J~ ~L~~ ~L'r~:..!.~.!:: must eSUlb- ~r Jl~~ ~~~ict: D2.~ wl~ich ~2r !!J~ Q.!Q~' ~r ~~~ice i!J:: ~~~.~_~'_~ 0.ircct()~ Qf ARTlCI.E 5 ~ " ! I ! , ,~ :~ .n ! 1 ~ '\ i J Sec. 3. FFFFCTlVF DATE. Sl'ctions 1. ~!.!S11 ~~ ~!l(:Cli\'c !!~ da:i lQl!.owing final enactment. Al\lHlJL\NCE SERVICE PERSONNEL RETIREMENT PLAN 111<'; hy !Tl:t-th-ee-tH. Section I. 1353Ll.Oq Al\1ll\iLANCE SERVICE PERSONNEL RETIIlE- MENT PLAN. ~'!!l.~l .!!!_~~g l~ mad~ !I! ...:12].::: ~n:Jl!S:!2.! .~ssocia- ~(),j .!..l..0. !..:2 CX~~! three :~ ~!~'CIlll'!J ~I2.Qropria~ ~ ~!~ ~.!.~ilc~!Q SubdivislOn I, LSI \/lI ISII:\1l NI. Ihe ombuldnce servIce personnel retlle- ment plan i.?: adrninistnl'd!2.Y ~ ~ employees retirement association under supervision of ~ assol'iatl.2!! h()~l!'~ Q[ directors, 12 assig, i! i!:! governing the operations Qf the plan, ~ bU~jr:l ~ appoint an advisory committee of !!.Q! Changes or additiom art. indl'Ol.kd by underline, ddt'tions by~, Ch. 372, Art. 5 LAWS of MINNESOTA for 1987 2606 more !han ~L'vcn members who arc representative 21' ambulance service opera- tors and ambulance ~rvic(' personnel. Subd, 2. COVERAGE. Coverage under the retirement plan is open to basic and advan~d !i.f~ support emergency medical service l1l'rsonnel employed Qy or providing services for i:!.!!..Y I2!.!.blic amh.~lance service or privately operated ambu- lance service that receives an operating subsidy from ~ governmental entity that elects to participate. First response personnel and emergenc\' medical service persoIl~d wl:!..Q arc currently covcTcdbv ~ public Q.!: Q!ivatc pension plan because 21' their clllPlovmell! or I2!:Qvision Q!' services arc not eligible 1.Q participate i.!:! the I'lil~ Sec. 2. 1353D.021 ELECTION OF COVERAGE. Each public ambulance ~rvice or privately operated ambulance service that receives an operatine subsidy from ~ governmental enti1Y with eligihle personnel !!l!!.l' eJect !Q ~rtieipale in the plan, I.f!! service eJects!Q participate, its eligible personI1L'1 nlJY elect .!Q participatt,; or !Q decline !2. participate. An individual's eJection must be made within the latter 2.f 30 days 2.f the service's election !Q participate or 30 days 2.f the date on which the indiVIdual was employed Qy the service or began !.Q pfovide service for i.L An election Qy e. service or an individual is irrevocable. See. 3. (353D,03) FUNDING OF PLAN. A public ambulance service or privately operated ambulance service that receives an operating subsidy from ~ governmental entity that elects.!Q partici- pate i..rr. the plan shall fund benefits for its qualified personnel who individually elect 1Q participate. except that personnel who aft paid for their services ~ eject !Q make memher contributions i!! an amount not .!Q exceed the service's contribution on their behalf. Amhulance service contributions on behalf Q[ salaried eIl1P!Qyees !l]t1st be ~ fixcQ perccn~ Q[ salary. An ambulance service making contributions !S!I ~untccr or !i!.!:g~y uncompensated ~sonnel may assign ~ unit value .fu.!: each cLlII Q! each period 2.f alert .ili!lY for !_.h..~ purpose 2f calcuhq.i.!!B. ambulance Sl'l_':i~ contrihutions. See. 4. 1353D.O.jl CONTRIIHJTIONS TO PLAN. An!bulancc ~rvicc contiihutiOI,!2 !Q the ~ may be made from ~ ~ Q[ fund~ available !Q !!~ ambulance service. Contributions must be remitted monthl~ !Q the- association together with ~ member contributions paid Q! withhe)Q during the preceding month. Contributions shall be credited !Q the individual account 21.' each participating member. See, 5. 1353D.05] INVESTMENT OF FUNDS. Subdivision I, INVESTMENT. Ambulance service contributions, after the deduction Q[ an amou.!.!..! for adrninis!rativ~ expenses, and member contrihutions must be remllled !Q the state board 2.f investment for investment in the Minne- sota supplemental investment fund established Qy section lIA.17. Chanj.(t's or additions arc indicated by underline, deletions by ~. 11::7 2606 amhulance ~l'rvi('c opcra- !lH.'nt plan ~ Q~ 12 basic pc-fsonnd employed Qy or ~ ~,Hcly operated ambu- ~ l")\'ernmental entity that :mcr~L'ncy medical service i\'a~ pension plan because ~ di~iblc !Q participate in {cd ambulance service that i!lb. with eli~iblc personnd ~ !.2 participa!S. its eligible ~liciQate. ~!! individual's ~. thl' ~cn'icc's election !Q .idual was employed Qy the ~tion h ~ service 2.!: an (ed an1bulancc service that entity that ~ !2 partici- Pl'fsonncl ~ho individuall\ paid for their services ~ !!Q!. 12 exceed the service'~ contributions on behalf 2.f ~ An ambulance service lrnpensatcd personnel ~ Icrt Q~ for the purpose s.>i IN. J:: be made from ~n.J: ~ ~ihution~ !}lust be ~~ 11bcr contributions paid 2.! !~~ shal~ be credited !Q the 'vice contributions, after the ..: and member contributions l!: investment ~ the ~ 'Clion lIA.17. ddetions by ~. 2607 LAWS of MINNESOTA for 1987 Ch. 372, Art. 5 Subd. ~ I'iVESTMENT OPTIONS. {!!2 An individual participant ~ ekct !..Q pllr(ha~l' shan~s !D the income share account, the growth share account, thl.: ~ market ~.!!.L the bond market account, or the fQ!!!!!lon stock index account l'stablished hY section ~ or ~ combination of those accounts. The ~rticipant [nay ekct !.Q l)tlJ"chasc shares i.!! ~ combination 21' those ,eccounts Qy specifying !hc pcn.:cntagc Q[ contributions to be used 12 purchase ~ i!! each 2f the ~~ (Q) Twice i!2 "- calendar year, "- participant may indicate i!2 writing "- choice Qf options for subsequent purchases 2..f shares. Thereaftl.:..!..t until the participant makes a different written indication, the executive director of the association shall Pl~-chasc shares T!l the ~melltal invcslfncnt fund 2! funds sp;.:ciflcd Qy the ~ticipant, !f no initial option i!; indicated Qy "- participant, the executive director shall invest ~ contributions made Qy or Q!l behalf Qf "- participant i!2 the ~ ~larc account. 0. choice Q[ investment options ~ effective Q2 later than the first Q!!Y dat~ flrst occurrin~ ~ than 30 days after receipt s.>i the writtc!.! choice 21' option~ <.s:1 Twice i!2 "- calendar year, "- participant or former participant may also change the investment options selected for all or "- 2Q!.tion s.>i the individual's previously purchased ~ !I!! partial !.!'ansfcr s.>i previously purchased shares is selected. a minimum of $500 must be transferred and a minimum balance of $500 must remain i!2 the previou~ selected investment option, !l chan~e may be made only from onc ~ Q! i:! combination 2.f accounts !2 ~ single accollnt. !l change under this paragraph i!; effective as ~ ~ cash flow !Q !!!! ~ pcnnitsl hll~ ~ latcr than ~~ .!!!onths from the rcquested change. Subd.1 ADMINISTRATIVE EXPENSES. The public employees retire- ment association may deduct an amolliltl set annually Qy the executive director Q[ the association, hu~ not !.Q exceed two percent .2f ambulance service contribu- tions !Q the plan, 12 defray the expenses of thc association i.!! administering the plan, Sce. 6. [353D.(6) REPORTING BY AMBULANCE SERVICES. The executive director Q.[ the public employees retirement association shall prescrihe the form 2.f monthl\' and ~ other report....:? required from an an1bu- lan~ service and !.b~ ~lcction form:-:. n:qllircd from ambuhmce service members. ~1cmbcr forms shall ~Hltain !!amcs, identification numhers, amount Qt' contribu- tion hY and Qll behalf 2.f each member, and such other data ~ ~ required 1Q keep an accurate account Q[ the account value Q[ each participating employee. See. 7. \353D.07\IlENEFlTS. ;:;uh(l1vision1.o TYPE OF PLAN; UNIFORMITY, The plan i!; "- deflned contribution plan where the benefIts ~yab1c ~2..!! retirement, death, QI with- drawal when permitted, arc determined !2Y the value Qf accumulated contribu- tions 2.l.l!s a proportionate sh~lfe of investment income of the fund credited to each jndi~'~iual account. E~h.:h alntHllancc service shall dCtcr;linc eligibility tor 2"-~tic~iol\ subject !Q ~ s.>i this act. Eligibility standards must be uniform among all ambulance ~ personnel 2.f ill:! amhulance service electing !Q partlc~ Change., or adtlitiom are indicated by underline, deletions by ~. eh, 37c, .\rt 5 lAWS of ~11NNESOTA Ii" 1987 Sul~~L L ACF~ VESTINC. !:i~~~! !TtiI.QIlcnt ~g!: i~ 50 years,.: Earl~ relLrc- !!.!.t:::l~~ i~ ~2.! ~_~.~:~ Six!\' Ill()nt!!~ ~L sl:r\'il'~ crc~E! ~!~ !}:'qllircd for Vl'~ti~ ~ !Ili!:~'ml'~! bl'~~its. No !!!.inimuIll I?..Qiod 2.f scrvicl' _~ ~uirl'd for Vl'~tinR Q[ death bcndlls \Vithdrawal or Of a rctirement benetit based on member contribu- ------ ~----_.- -------~ - - ~ --~------ --- _.~ - --~ !iOIlS 1~~~~ aC(x~cd inv~!~~~~_ income vests ~ncdial~: !.JpOll co.!!:!.Q!ction 2f 2.~ mon~!:!2 21' .)cr:j~. under the 111.;]n wi!.!! olle 2i IlHfrC ambul311Ct ~i2j~ ~ ~articil2~ ~!2!2D2_<J.!~ acti~~ SlT\'icc Q~ 1Q ~ ~D i~ ~!!.itkd !Q receive the ~~LJC Qf the I?Jrlicijl;.!.!:'-l:~ .i!21lvidual ~:~.Oll.!2.! upon Q!: f;Jl~.!: attaini!!g ~ 50. An ~liGI!!.on ~~ Q!: S2!! ~half 21- !hc participant !llUsl bl~ f1kJ before ~ payment 2J ~.!~tL12 ~2!.~ .b~ .!2~,~0-~ Subd. 10 FORI\I OF BENEFIT. ~ !:,:tircmcnt ~<:cncfi~ i2 payable ill.!! lump ~Q'!!'!' ~~ !.Q ili~ ~~IlC Qt- ~ participai!!~ ?ccount ~ !.h~ gate Q1' retirement ~nd Ilia)' he rol!~s1 over ~l~ aTlothc~ 9.!.!i!.lihed l21!!2 ~ !.!~ f'l?!.!s2.!! 2.f the membLT As an altnn~!i~~' !Q ~ D~!.!:U2 sUQ! ilistJi!2~!ion.l the mcmhc! may choose 1.2 hav~ the ~~ociaU~:!2! .!.!~ il~ l~! account \'aluc 1.2 ~Jrchase ~.!! alll~ pavablc .!!! !! desij!Il!.!..!S.s.! ~~~ .!i'~2..!.!!~.!.! i!lsur~llcL companv licensed !i~ do business i!:! the slate. :it11)'L:L DISABIlITY OR DEATH. No 2isabU~ coverage shall be ~ ~cd tw ~ rr@.!l .!..!.! !he event Q!- the death Q[ an ~Ji\'c ~!:ticipallt with ~ credited ~~'V]CC S2.!: ~ dcfl'ITed ~rticiI2i!.!.!..! under ~ 50, the IQW value 91 the aL'Coun! :;hali be 12i!~ i!.! ~ ~ slIm!Q.!.b~ designated !JCnctlciary QG if~ the heirs at law of the decedent. -- - -~ _.~ - -~--- ~IIiJrL ic FORFEITURES. lhe ae(,oll~ \al~-" Qi' ~n.l participant terminat, !.!..!E service Drio!: !Q ~~~~i~ ~ vested i!!!~~~! Q! ~~f ~ ~rticipal!l whQ dies !'~~jl}.g no ~2il!n~!!ed b('IH:ll\..idrv or heirs ~ law Q!l\]l b~ returned to the Pllbl~ l'n'UJ~~~~ r~_ljremc!!l ~~~~ and credited .9.B.ainst flltu~ gmbulancc service contribll~~ bv !b..!:: !-.U212lic~ihk ambulance service Q.!: services after the expira- !~.QJ !.':^'o y,~'ars froI!l !.b~ (LJt~ Q!' terminat~ 0i d(;a~ Sec. 8, 13531HI81 POH lABIliTY. Q.!-.!!.!)itic(~ aJllhtl~;lnC~ \l'J::J~ ~!:s()J:!.!!.d ~(~ ~!!i!!~~ emplovment or rnemhcr- shiI2 among par~i~l~~~.t. ~~~l~iD...!..!~.~ \t'r.:::iccs m,n: fQ!~!:!!!'~ panicipatio~ i!! !he E~~! ~il!~ pl~nalJ.l ~ L2!.:1~~ .d!.Q their iEten~st ~~ts. Oualiflcd an~ancc ~rvice 1?~!"S()!lnel ~ ~l!~~~ ~,d_QY!:!1cnt 2!: mc.!.!~bcrship!Q g nonpartic~ ~nhlllanS:J:: _~_~...r\'icl~ ar~ ~~l ~~hjlTl lS2!b.~ forkiturc required Qy section L subdi- :.:isio!:! i: See, 9, 13531HI91 'I AX ()\lAIII'ICATION. Th~ .Q!!12~ ~!J21()\l"''> ~lirc!:!lCn! associa!i~.!! sha~! adQQ! rules required for adminislrati(,~ ~L!~ ~~ ~ rroposcd.l2.!i!~ shall .b~ formulated Q.!!~ adopted i!.! acco[~t!.!:!~ ~ll ~~rL:..~~~'::: ~~!.!'ictio~ and ~tandaflb Q[ !!~ Internal Revcnu~ Code and !"_~_dJ~ ~~~ E~.::..~L..:tions 0.'!l~ Internal Rt'l{cnut' fu;rvicc i!! order 12 assure ~ !!.!~~ t'\t'Illpl ~l.:.:J:..:.~ ~.!l~ Q!an ~ !! qualitlt'(~ penSiOI! Qlan. Contribu- lions Qy aml"lIIJn~ :'IT::..!.~ pl'r~onncl ~!!Q !:y amhulance service operators may be accCj~tcd ~ afln J~ll'r~~ Qy the Intcnwl RCV~lUC Service. ClnHl~l.S or aJJili\l!l~ ,Hl: inJic:atcd by uIHkrlin~, dddions by ~. 260H .j" I ()(i 1 211(J8 ~(Jt),) L\WS of MINNLSOT.-\ for J987 eh. 372, ArL 6 1 ~~: L~ ~i! l'.~~'~: L~LIL reI i re- !J_,~ ~~~ !i:'n~~i~~! !~L \'~Sl;;-~7;f !~~: ~~ T~l!:ir,'d /<1I- \TS1;~: ~f !.~ l:~!~~~~ ~!~ .il~~~L!.G~~ -c()nr;-!.~ ~~~~~!l~ -~~~!i! ~.!]j)Jt'{i~;~-ZJ ~~~:~~:~.. ~~L~~~ ~~.~ ~i.:j~~ ~ 5(~ i> clllil)cd lO receive t.J~ '~~-~i~:i~ii~i!-~;!~- ~~.~~ ~_~ ~~ DJ~~! J2!~~ ~!.!}. Q~}Jll:-:-.-.i! Sl'L I (I "11)]1)1 !\()T CO!\SIllEIU:Il A I.(lC\1. PLAN. rilL' pl-0~ ~ ',J(:l locdl ~'~!.!!!J_~!_U.;.!! ~~i~~~ ~!.! Q!: ii!!!Q [Q.!: ~rposes .Qf St.Tlllill 3:'(. ~.--' ----- -------- See. II U1U II\'E ll\n:. !~~~!~!~! .!,~ l~~~tk i!! :! lurrp' ~ !hl' ~i~~ ~_~r L~.:.!ircIll~!.!..! ~El ~: ~12!~~.!.! ~J ~~ ~~1~~ 2 s l:~E !.:!..!ti ~~SL. 12 !!~ve ili~ :s: ~~! ~!,~~~~!}' ~,tbk at 1 !~~ :l~ l?~~i~~ i!! tile Sl;~- .\!rJ'!cu: 6 , iJ II ! I , ~~.:~i~L~~ ll.Q IQ .!.!.!~~ ~r~!~ S2JJ L~!l 1.: 12.Q.~ PIIBIIC hNSIO,,< PIAN ASSET IISE UhllTATION SectioIl ASSE.j S. '.'56,61"1 LlI\IITATION ON USE OF PUBLIC PF!\SION PLAN j II lJ ~ r ~ll Pi!!:"~,~:i~t termina!- 0: 5! parti~~~- ~vho dies ~ be !}~~ ~ the Qublic ~ ~~!S ~!Q~!.!~~nce scrviCl~ ~l.J~!..~~ after: !.he expjr~ [Ii W l:l~~~l !;.:::.h! J2l ~ credited !.Q ~ Q~S:: p~nsion Qian ~ assets, includiiill t:'mp]~ ~~ L'Il~~ls:.~ ~!llrihgtiOllS, SlJ!.c:' ~lSL ~ppr{)prl;!.!iQ!.!2 fro!!! the ~tate Q! ~ g()vcrIl2~~~l:!l :~bili:i.:'2i~ ~!~Q accrued E~~~ on b!.~<.:stIllcn~ COJ)s.!itlltes ~ dl'Q~tt'd fund. lhc Q.t::.dil'l~tcJ fund mLJ~ll~ llsed ~~~i\'t'ly .!.Q I@1 rL'tiI~ aTl!!.~ilies, ~T\'iCt: ~~~!?.: Qisahililr QL'n~ll!~ ~Irvivor ~~Ilcll~ ft.'funds 2f con: !..!j.b.!.!!i.Qns ~2L 2.!l!~.E heneflts I2.!:Q::jekd ~Q the bendl! 12!aTl document 2E docu- !l1en,!2 gover~ the l2i!.b!ic pellsion ~!~ and !.Q ~ ~':"~~()Ilahlc ad!llin~!!.ati.~.f ~.cnscs ~l~()V~ Ql !.!l~ RQ.~L'rnin,!. !!Qi!!'Q Q[!!~ Q~t~Li QLns~ Q!~ ~ !2y anolht.~r ~Q12ropr:i0.~ JLJ!l!oritv. No assets Q.[ ~ Q~!i~ .Qcnsio!i plan .!!!~ he h~aned Q~ !!~!l~S'lIl'd ~ !12~ stat~ QL Q g~:~~~~!~_~il~~ sUQJivisio!2 2!.: be llsed !Q arnO!-tiLT!.l.!l ~nfLJ!.!d('d aCl~~ ~llTrLJ~~ lia!~i!i.!l.!.!! ~!!.2.!.~:! puhlic pensi~ planl v.;fl('l!~~ 2!: !.!2! .!he 12~ Q!:.<2~i~.j..!!l:'; l!~ ~~"sets c()ns()li~.t~I.~~ ~E has ~()llsoli~cd \Vill! the J2l~ relyi\'il~ !b..::: ~~!~ .t!~!l!i~~ i.!~ 1his ~~Q.'.Q.!.! Q!:.~hlhilS ~ El!.Ql~ p('nsic~".!J.12li!!~ Q~ .L~ ~~!.~ !2Ql!!Jl!:2f i!~~~8~!J..~.!.!! fror~ iBve~!iQ.g L~~ assl.~ 21' ~ E~~ ~ all!l.!!,~!J.:::::~ ~ l~'::l !!:~!~0L l~ .!.!~~TS~~~! QL the ~~~.!2 .QJ public PCIlS!Q.!! plans ~ !!!~ ~!_~!S 12L!.l!~ Qt' ~'cs!.!~! i!! ~ ~()nln!.:ng]eQ ~!.:~l!.!lcnt fund. i ili!l' l'overag~ shall be E..!:Q= ~~ ~.ticipanl with arl' 211, l..~ !Qlal \~~Itle or1h: j b~.!S.lic~" QS iE!.!()r~~ t1~ :. ~I21QI.!..!!.l::.~ Q~ ~!her-" '~.!.!.!J.!~ l~~.!..~"~~.Li~2.Q i.Q !t"~~ ~~~: Q~ll!!!hs1 ~!'!!QLJlajICe .:!~!~ ~! ~ Di!.12E-'=!.C!is.'J~_~i~ .t.!i~~!~ ~~l~ l. subdi- i.~J ~ Q~b!.i.f j~~i01~ E!.!.!i! l~' ~n.~Qses Q.f !.-his seetio!! !!lCanS Q pensioI"! plan Q! r~!.!~1 ~~::.'!li~.~ ~!~ ~~:~~L(2!..l1)():1~~ :'i.~~.b.E\'isi(Hl .1. ~ il~~)_!L ~~bdJ\'isi(lfl.l or ~ ~i!'l'Jlll.~~! ~~~. ~~Q.!l12l~!! ~ fUIlO, b.!.~!Qi!lg ~ ~~~~!!!.~.~! ~tirC!!len! plan or fund. ~Iah]ishnl, maL~_!~'.!i.!.1l'lL S2l .8lIn!.Q!'lL'd bv ~ gQvc~!J.!ncr!!i!l subdivision or ~ ~l ~!!.Q'~ rncI~::'.~ arc lkrivcd from ~xat~ fee~ assessments, or ~~ l!J!Q!i~ sourCl'S ;!~12~ .!:!.!!s::~ required for .D2!'~!~.~ed and <H!OpICd ; ~!f !b~: ~ Revcnue J.!.~~ .0.~:.:.Eyjcc i.!2 order !Q ~:.s:L!.?~ 12h!!!.: Contribu- ~ ~.~~.'.Ic:t 2perators may ~ Sl'~'ice" See, 2. VFFFCl!\T])\'j I. jon~ by stT~ Scclion .! ~ ~lkdI'::~ l~ ~ lii1ow!0B Dna] CIlactm(~:.:. Chan~cs or addi(j(J/]~ .Hl" iIlJidlft:d by ~~~rlille, dclt'lion:i by t:t-t-Hkt+t-ttt.t minimum obligation in its levy for any year, the officers of the association must certify that a- mount to the county auditor, who will spread the levy in the amount of the obligation. Monies paid by the city to the association in excess of the minimum amount required will be applied to reduce the association's unfunded liabilities. Under M.s. 423A.13, every city which has a local police or salaried firefighters' relief associa- tion must make every reasonable effort to provide less hazardous positions for marginally or less severely disabled police officers or firefighters in the police department or fire department, with the same wages, fringe benefits, and other terms and conditions of employment as the person would otherwise have received as a regularly employed police officer or firefighter of the same rank and experience. The 1987 Legislature made a number of changes in the pension laws. Some of them are summarized below. All chapter references are to 1987 Session Laws. Peace officers benefit fund. Chapter 322 includes in the list of people eligible for a death benefit payment to survivors of any driver or attendant with a licensed basic or advanced life support transportation service who is engaged in providing emergency care. L //A mbulance personnel retirement. Chapter 372 ," authorizes creation of a defined contribution retirement plan within PERA for personnel of publicly operated and publicly subsidized am- bu lance services. Although not defined, ambulance personnel apparently include first responders and other emergency medical personnel with basic and advanced life support training, if employed by or volunteering for an ambulance service. PERA officers will be requesting tax qualification from the federal authorities and cannot offer any coverage until it is obtained. They expect to be ready to accept local plan applications sometime between January 1 and July 1,1988. The governing body of the public entity operating / y<~- 'Uu~ . hltz-y..A (A--( J-llu;.., cLt '5 ( tl<l '3-1.-'e-v'-> the ambulance service or the private corporation or individual (if subsidized) may elect to offer this pension option but all such elections are irrevoc- able. If the ambulance operator elects to partici- pate each volunteer or employee not covered by another public pension plan may elect within 30 days to participate. New personnel have 30 days from starting to elect coverage. Employer contributions must be a fixed percentage of salary determined by the employer for salaried employees. The employer may assign a unit value for each call or drill and pay in that amount for participating volunteers or largely uncompensated personnel. Paid employees may make addi lional contributions up to the amount of the employer contribution. Participating ambulance operators must make the plan uniformly available, and make contribution payments with funds they may have available for ambulance service operation. The act does not provide new fu nds. Fu nds that PERA receives must be credited to individual member accounts. Each individual has a choice of investment options within the plans operated by the state board of investment. Normal retirement age is 50. Sixty months of credit are necessary to vest employer contributions in the employee or volunteer except in the case of death (the heirs receive the individual's account), Any employee contributions and earnings are immediately vested and may be withdrawn upon termination of service. Termination after vesting but before age 50 earns a deferred pension at age 50. No disability benefits are payable. The retire- ment benefit is a lump sum or an annuity pur- chased from a Minnesota licensed insurance com- pany. Forfeitures for failure to vest or for want of heirs are credited against future required contribu- tions of the employing ambulance service. Benefits are portable from one ambulance service to a- nother if both participate. Cost data on pension systems Following are some figures which will be useful in computing costs for employer pension contribu- tions in 1988. - 14 - ,,::t;{ ,,,- c. t...L.:.~ (V-Re~ ~Ll!?J.1..,.() J r !u//-f' Avc.e. d.~,[~ ' ~"'1 C~t-~ r flu.< I' d.l'e:.-. ~Lr fire sta Ie aid Chaplt'r 404, Section 90 subtracts the costs and expenses of the state auditor review of audits and reports of police and firefighter relief associations from the amount of police and fire state aid funds available for distribution. The act transfers $80,000 in both 1988 and 1989 to be subtracted proportionately according to the total estimated costs of audits for each relief association. Effective 8/1/87. Voluntary consolidation of police and- fire relief associations Chapter 296 authorizes the voluntary consolida- tion of local police and paid firefighters relief associations on a voluntary basis upon approval of the local relief association and the city involved. If your relief association initiates a consolidation, call the League for further information on the process of consolidation and the pros and cons for the city. Pensions and retirement changes Chapter 372 is a pension law with major impacts for cities, including: Local police and fire relief associations The law permits payments of association-related expenses of local police and fire relief association officers (including volunteers). It limits payments from special funds of local police and paid fire relief associations to those permitted by Minnesota Statutes 424A.05. This law authorizes a reduction of the vesting period for local paid fire and police relief associa- tion members to five years of service by amend- ment of the local relief association bylaws and city council approval. Upon adoption of the reduced vesting plan, the association will provide pro rata (not to exceed actual years of service divided by previous minimum number of years to vest) pensions and survivor benefits for years of service over five but less than the previous minimum, usually 20. Post-retirement increases are the same percentage as applied to full retirees. Effective July 1,1987. PERA changes Chapter 372 reduces the period of employment for vesting in PERA to five years from the former 10 years. Disability payments by PERA, which formerly decreased by the amount of workers' compensation payments, will not be offset except to the extent the combined payments exceed salary at disability or current pay for the same or a similar position. Additionally, the high five successive years in PE RA which is the basis for calculating a pension may ignore periods of dis- ability on workers' compensation or include that period if the benefits would be higher. This part of the law is effective July 1,1987. A mbulance personnel retirement Another portion of th is law authorizes creation of a defined contribution retirement plan within PERA for personnel of publ icly operated and publicly subsidized ambulance services. Although not defined, ambulance personnel apparently include first responders and other emergency medical personnel with basic and advanced life support training, if employed by or volunteering for an ambulance service. The governing body of the public entity operating the ambulance service or the private corporation or individual (if sub- sidized) may elect to offer this pension option but all such elections are irrevocable. If the ambulance operator elects to participate each volunteer or employee not covered by another public pension plan may elect within 30 days to participate. New personnel have 30 days from starting to elect coverage. Employer contributions must be a fixed percentage of salary determined by the employer for salaried employees. The employer may assign a unit value for each call or drill and pay in that amount for participating volunteers or largely uncompensated personnel. Paid employees may make additional contributions up to the amount of the employer contribution. Participating ambulance operators must make the plan uniformly available, and make contribution payments with funds they may have available for ambulance service operation. The act does not provide new funds. Funds that PERA receives must be credited to individual member accounts. Each individual has a choice of investment options within the plans operated by the state board of investment. This portion of the law is effective July 1, 1987. Normal retirement age is 50. Sixty months of credit are necessary to vest employer contributions in the employee or volunteer except in the case of xix d,.,lh (the heirs receive the individual's account). Any employee contributions and earnings are immediately vested and may be withdrawn upon termination of service. Termination after vesting but before age 50 earns a deferred pension at age 50, No disability benefits are payable. The retire- ment benefit is a lump sum or an annuity pur- chased from a Minnesota licensed insurance com- pany. Forfeitures for failure to vest or for want of heirs are credited against future required contri- but ions of the employing ambulance service. Benefits are portable from one ambulance service to another if both participate. This portion of the law is effective July 1,1987. Gel/eral pflil'isio/ls Chapter 372 also forbids borrowing from public pension plans by the state or other governmental entities, or use of assets of one plan to fund accrued liability in another plan. xxi Laws 1987: Sutntnaries member or regular municipal contributions, plus administrativc expenses and actuarial losses. These additional payments would be due immediately upon notification by the PERA-P&F fund. Effective day after final enactment. Definition of public employee. Chapter 284 (II.F. 1213) excludes from the definition of public employee any person who provides professional services where .such services amount to no more than 25 percent of a person's total annual gross earnings for all professional duties. Effective day after final enactment. Omnibus retirement bill. Chapter 372 (II.F. 1159) is a conglomerate pension bill with major impacts for cities, including: Local police and fire relief associations: The act permits payments of association-related expenses of local police and fire relief association officers (including volunteers). It limits payments from special funds of local police and fire relief associations of survivor, disability, and funeral benefits, plus charges of the Minnesota state fire department association, the state volunteer firefighters benefit association, and the admin- istrative expenses of the relief association. Effective the day after enactment. The act authorizes reduced vesting periods for paid fire and police relief association members down to five years of service by amendment of the local relief association bylaws and city council approval. Upon adoption of the reduced vesting plan, the association will provide pro rata (not to exceed actual years of service divided by previous minimum number of years to vest) pensions and survivor benefits for years of service over five but less than the previous minimum, usually 20. Post- retirement increases are the same percentage as applied to full-service retirees. This part of the act is effective July I, 1987. PERA changes are numerous. First, the law authorizes the creation of a new correctional plan under PERA. Although coordinated with Social Security, the benefits are more like those of the police and fire fund than the coordinated plan benefits. Retirement benefits are two percent of salary for the first ten years, and 2.5 percent thereafter applied to the high five years salary with a normal retirement date of 55. Disability from the correctional position rather than disability from gainful employment makes the member eligible for a disability pension. Contribution rates are five percent employee and five percent employer, with an adjustment in rates after an actuarial valuation is conducted after commencement of the plan. The act authorizes five counties - Hennepin, Ramsey, SI. Louis, Dakota, and Washington - to permit their correctional employ- ees to come under this plan beginning July I, 1988. Ambulance retirement is another major portion of the act. It authorizes creation of a defined contribution retirement plan within PERA for personnel of publicly-operated and publicly- subsidized ambulance services. Although not defined, ambul- ance personnel apparently include first responders and other emergency medical personnel with basic and advanced life support training, or those volunteering for an ambulance service. The governing body of the public entity operating the ambulance service or the private corporation or individual (if subsidized) may elect to offer this pension option but all such elections are irrevocable. If the ambulance operator elects to participate, each volunteer or employee not covered by another public pension plan may elect within 30 days to participate. New personnel have 30 days from starting to elect coverage. Employer contributions must be a fixed percentage of salary determined by the employer for salaried employees. The employer may assign a unit value for each call or drill and pay in that amount for participating volunteers or largely uncompen- sated personnel. Paid employees may make additional contri- butions up to the amount of the employer contribution. Participating ambulance operators must make the plan uni- formly available, and make contribution payments with funds they may have available for amublance operation. The act does not provide new funds. Funds that PERA receives must be credited to individual member accounts. Each individual has a choice of investment options within the plan which the state board of investment operates, M.S. 11A. 17. Normal retirement age is 50. Sixty months of credit are necessary to vest employer contributions in the employee or volunteer except in the case of death (the heirs receive the individual's account). Any employee contributions and earnings are immediately vested and may be withdrawn upon termination of service. Termination after vesting but before age 50 earns a deferred pension at age 50. No disability benefits are payable. The retirement benefit is a lump sum or an annuity purchased from a Minnesota-licensed insurance company. Forfeitures for failure to vest or for want of heirs are credited against future required contributions of the employing ambulance service. Benefits are portable from one ambulance service to another if both participate. This portion of the act is effective July I, 1987. Other provisions of the omnibus act are: Employees of the now privatized Albany and Canby community hospitals may elect refunds of employer and employee contributions to PERA plus six percent interest. No employer extra contributions may be withdrawn from PERA. The act reduces the period of employment for vesting in . PERA to five years from the former 10 years. Disability payments by PERA, which formerly decreased by the amount of workers' compensation payments, will as of July I, 1987 decrease except to the extent the combined payments exceed salary at disability or current pay for the same or a similar position. Additionally, the high five successive years in PERA, which is the basis for calculating a pension, may ignore periods of disability on workers' compensation or include that period if benefits would be higher. This part is effective July 1, 1987. General provisions prohibit the state or other governmen- tal units from borrowing from the public pension plans or using assets of one plan to fund accrued liability in another plan. Attorneys for public pension plans may request and receive opinions on legal questions from the attorney general. This conglomerate pension act also includes numerous special bills and provisions applicable to teachers and others. Special Legislation Ramsey County Charter Commission. Chapter 103 (S.F. 557) authorizes the establishment of a charter commission for Ramsey County, Ramsey County: Court locations. Chapter 145 (II.F. 1371) requires the county to hold re'gular terms of court at two locations July 1987 outside the city of SI. Paul (New Brighton and Maplewood), The act provides for court reimbursement of expenses to the cities of White Bear Lake and North Saint Paul because of the change in court locations. 15 10 C.C. '~/t5!f57 TKDA TOl TZ. KING. DUVAll, ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUilDING SAINT PAUL. MINNESOTA 55101 612/292-4400 December 15, 1987 Re: Engineering Services Agreement Andover, Minnesota Commission No. 7379-007 .,1.1'1..:; ['..[ F;s U '.~~'{"~1'" t?t'( ~-~"""""''',"'h.. L___.... " ~",,".I~' r :1 h f ._.~'"-" .,.. ,- /' ,I I,.. ~ ! I J I( Ute J LI 1987 '.Lo ..",............,.....__,.... f e'i-V r",- ~l ~~~.l~ l~ i'.!D()\!Et.~~ -- ----..4 Honorable Mayor and City Council Andover, Minnesota Dear Mayor and Council: Enclosed for your consideration is an updated basic "Architectural/Engineering Agreement for Professional Services", a modified authorization for "General Municipal Engineering Services" and a "Schedule of Billing Rates". No change has been made since February 19, 1980. The amended form is similar to standard agreement formats recommended by national engineering and architectural groups. The language is also more clearly related to standard general conditions for any construction contracts where the engineer might act as an agent of the City. The Fee Schedule has been adjusted to reflect not only increase in actual salaries paid to our employees, but also increases in certain overhead costs which have escalated more rapidly in recent years than have salaries. These overhead costs include primarily insurance premiums, payroll taxes and medical insurance. Since our fees relate to actual salaries paid the employee rather than payroll costs, the only adjustment we can make is to modify the billing rate. We will be available to meet with you at your convenience to discuss the agreement with you. We suggest the effective date be January 5, 1988. Sincerely yours, L. Davidson, P.E. JLD/mha cc: J. Schrantz Administrator CITY OF ANDOVER, MINNESOTA AUTHORIZATION FOR PROFESSIONAL SERVICES TO: Toltz, King, Duval I, Anderson and Associates, Incorporated 2500 American National Bank Building St. Paul, Minnesota 55101 Cemm. No. _______ --------------------------------------------- Pursuant to our Agreement dated January 5, 1988, you are hereby authorized to proceed with the professional services described as fol lows: 12ENEBALMll.t:ilClPAL.EW1ME.EBlMlL.5E.B)llCE.5 Provide general City engineering, architectural or planning assistance on day-to-day matters as requested by the City Councilor designated City representative. Does not Include detailed project planning or design. Attend meetings of the City Councilor other City Committees or Commissions, which are not otherwise chargeable to specific authorizations, as requested by the City Councilor designated City representative. Compensation for the services described above shall be on an Hourly Rate basis as defined In Article 3 of the Basic Agreement, subject to the following additional conditions: 1. A representative of TKDA shall attend a maximum of tw03-hour meetings per month for a lump sum of $50.00 each, which amount shal I I ncl ude the 3-hour meetl ng, pi us travel time and expense. All time spent at the meeting over the 3-hour limit, al I meeting preparation time, extra meetings and related expenses shal I be billable on the Hourly Rate basis as defined In Article 3 of the Basic Agreement. 2. Identifiable reproduction costs for miscellaneous plans, maps and other documents In TKDA f II es req uested by the Ow ner sh a I I be a reimbursable expense. 3. Each Item shall be listed separately. Approved at a regular meeting of the City Council on January 5, 1988. -------------------- Attest Mayor Clerk -.----------------------------------------- ------------------------------------------------ Consultant acceptance by________________________, __~____, 19__. Authorized TKDA Representative -1- MCt:U TECT -ENG I MEElLMiBEEMEtIT Between CITY OF ANDOVER, MINNESOTA and TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED for PROFESSIONAL SERVICES THIS AGREEMENT made and entered Into this ____ day of , 19_, by and between THE CITY OF ANDOVER, MINNESOTA, hereinafter referred to as the OWNER, and TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED, a corporation with a regular place of business at 2500 American National Bank Building, St. Paul, Minnesota 55101, hereinafter referred to as TKDA. WITNESSETH: That the OWNER and TKDA, for the consideration hereinafter named, agree as fol lows: ARTICLE 1. GENERAL DESCRIPTION OF WORK TO BE DONE The OWNER agrees to and hereby does retain and employ TKDA and TKDA agrees to perform Architectural, Engineering and/or Planning Serv Ices I n connection with the OWNER'S responsibilities, all as described by subsequent "Authorlzatlon(s) for Professional Servlces." Engineering and architectural services will, In general, Include studies and reports, design, preparation of working drawings and specifications; construction observations, checking of shop drawings and estimates and recommendations regarding acceptance of work; and other related tasks of a type normally associated with facility planning, design, construction, operation and/or maintenance. Planning services will, In general, Include technical planning, assistance and studies concerned with comprehensive planning, capital Improvement programming, functional planning and similar and related studies. Individual authorizations for such professional services shal I be duly approved by the OWNER; and al I records and documents for services with respect thereto shal I be appropriately referenced to each of the specific authorizations. -1- ARTICLE 2. PERIOD OF SERVICE TKDA Is hereby retaIned on a continuIng basis, subject, however, to termination by either party In accordance with Article 5. A perIod of service for each authorization shal I be as set forth In the specific "AuthorizatIon for Professional Services," as appropriate. ARTICLE 3. COMPENSATION TO TKDA A. Compensation to TKDA for services described In the "Authorlzatlon(s) for Professional Services" shall be on a Lump Sum basis and/or an Hourly Rate basis as designated In each authorization and as hereInafter described. 1. A Lump Sum method of payment for TKDA's services shal I apply to al I or parts of a work scope where TKDA's tasks can be readily defined and/or where the level of effort required to accomplish such tasks can be estimated wIth a reasonable degree of accuracy. The OWNER shal I make monthly payments to TKDA wIthIn 30 days of date of invoice based on an estimated percentage of completion of TKDA'S services. 2. An Hourly Rate method of payment for TKDA's services shal I apply to al I or parts of a work scope where TKDA's tasks cannot be readily defined and/or where the level of effort required to accomplish such tasks cannot be estImated with any reasonable degree of accuracy. Under an Hourly Rate method of payment, TKDA shall be paId for the actual hours worked on an authorIzation by TKDA technical personnel times an hourly bll I ing rate established for each employee. Hourly billing rates shall Incl ude compensatIon for all sal ary costs, payroll burden, general and admInistrative overhead and professional fee. A rate schedule shal I be furnished by TKDA to OWNER upon request. In addition to the foregoing, TKDA shall be reImbursed at cost for the fol lowing DIrect Expenses when Incurred In the performance of the work: (a) Travel and subsistence. (b) Computer services. (c) Outside professIonal and technical services wIth cost defined as the amount bll led TKDA p I us 10%. (d) Identifiable reproduction and reprographlc costs. (e) Overtime premium salaries Including appl icable portion of payrol I burden at actual cost. The OWNER shal I make monthly payments to TKDA within 30 days of date of invoice based on computations made In accordance with the above charges for servIces provIded and expenses Incurred to date, accompanied by supporting evidence as required. -2- B. The OW NER w III pay the ba I ance stated on the I nvo Ice unless OWNER notifies TKDA In writing of the particular Item that Is alleged to be Incorrect within 15 days from the date of Invoice, In which case, only the disputed Item wll I remain undue until resolved by the parties. AI I accounts unpaid after 30 days from the date of original Invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever Is less. In addition, TKDA may after giving seven days' written notice to the OWNER, suspend services under this Agreement until TKDA has been paid In ful I for al I amounts then due for services, expenses and charges. ARTICLE 4. EXTRA WORK In the event that a lump sum or maximum payment amount Is specified In an "Authorization for Professional Services," and TKDA Is of the opinion that any work they have been directed to perform Is beyond the Scope of the authorization, or that the level of effort required constitutes extra work, they shal I promptly notify the OWNER of that fact. Extra work, additional compensation for same, and extension of time for completion shal I be covered by a Supplemental Authorization agreed to In writing by both parties prior to proceeding with any extra work or related expenditures. ARTICLE 5. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement and/or any "Authorization for Professional Services" upon seven days written notice. In addition, the OWNER may at any time, reduce the scope of an "Authorization for Professional Services". Such reduction In scope of an authorization shal I be set forth In a written notice from the OWNER to TKDA. In the event of unresolved dispute over change In scope or changed conditions, the authorization may then be terminated. In the event of termination of an "Authorization for Professional Services," all documents finished or unfinished, prepared by TKDA under the authorization shal I be made available by TKDA to the OWNER pursuant to Article 6, and there shal I be no further obi IgatJon of the OWNER to TKDA under the Authorization, except for payment of amounts due and owing for work performed and expenses Incurred to the date and time of termination, computed In accordance with Article 3. In like manner, If the entire Agreement Is terminated, al I remaining documents on file with TKDA shall also, upon request, be made available to the OWNER pursuant to Article 6 upon receipt of payment of amounts due and ow I ng TKDA for any author I zed work. -3- I n the event of a reduct I on I n scope of an "Author I zatl on for Professional Services," TKDA shall be paid for the work performed and expenses Incurred on the AuthorIzatIon thus reduced and for any completed and abandoned work for which payment has not been made, computed In accordance with Article 3. Any reduction In the "not to exceed" payment fIgure shal I be establIshed by a Supplemental Authorization agreed to In writing by both parties. ARTICLE 6. DISPOSITION OF PLANS, REPORTS AND OlliER DATA At the time of completion or termination of an "Authoriza- tion for ProfessIonal Serv ices," TKDA shall make available to the OWNER, upon request, al I maps, tracings, reports, resource materials and other documents pertaInIng to the work or a Project descrIbed In an authorization. All such documents are not Intended or represented to be suItable for reuse by the OWNER or others on extensions of the work or Project or to any other project. Any reuse without wrItten verIfIcation or adaptatIon by TKDA for the specific purpose Intended will be at OWNER'S sole risk and wIthout I labIlity or legal exposure to TKDA. In thIs regard, the OWNER wIll IndemnIfy and hold harmless TKDA from any and all suIts or claIms of thIrd parties arising out of such reuse, which Is not specIfIcally verifIed, adapted, or authorized by TKDA. ARTICLE 7. DOCUMENTS FORM I NG THE CONTRACT The contract documents shall be deemed to Include this Agreement wIth al I accompanyIng exhibits a part hereof, and any subsequent "Authorlzation(s) for ProfessIonal Services" Issued pursuant to the terms of this Agreement. ARTICLE 8. OWNER'S RESPONSIBiLITIES A. To permIt TKDA to perform the servIces requIred hereunder, the OWNER shal I supply, In proper time and sequence, the fol lowIng for each "AuthorIzatIon for Professional Services," at no expense to TKDA: 1. Provide al I necessary Information regardIng Its requirements as necessary for orderly progress of the work. 2. DesIgnate in writIng, a person to act as OWNER'S representatives wIth respect to the servIce to be rendered under an authorIzation. Such persons shal I have authorIty to transmit instructIons, receIve InstructIons, receIve InformatIon, interpret and defIne OWNER'S policIes wIth respect to TKDA's serv Ices. -4- 3. Furnish, as requIred for performance of TKDA's servIces (except to the extent provided otherwise In an authorIzatIon), data prepared by or servIces of others, IncludIng wIthout I Imitation, core borings, problngs and subsurface explorations, hydrographIc and geohydrologlc surveys, laboratory tests and InspectIons of samples, materIals and equIpment; approprIate professIonal InterpretatIons of al I of the foregoIng; envIronmental assessment and Impact statements; property, boundary, easement, rlght-of- way, topographIc and utilIty surveys; property descrIptIons; zonIng, deed and other land use restriction; and other specIal data not covered In an authorIzatIon. 4. ProvIde access to, and make al I provisIons for TKDA to enter upon public or prIvate property as requIred to perform theIr work. 5. Act as II a I son wIth other agenc I es to carry out necessary coordInatIon and negotIations; furnish approvals and permits from al I governmental authorIties having Jurisdiction over a Project descrIbed In an Authorization and such approvals and consents from others as may be necessary for completIon of the Project. 6. ExamIne all reports, sketches, drawIngs, specIfIcatIons and other documents prepared and presented by TKDA, obtain advIce of an attorney, Insurance counselor or others as OWNER deems necessary for such examInation and render in writing, decisions pertaining thereto withIn a reasonable tIme so as not to delay the servIces of TKDA. 7. Give prompt written notIce to TKDA whenever OWNER observes or otherwIse becomes aware of any development that affects the scope or tImIng of TKDA's services or any defect In the work of ConstructIon Contractor(s), Consultants or TKDA. 8. InItIate action, where approprIate, to IdentIfy, remove and/or encapsulate asbestos products or materials located In the area of a Project descrIbed In an AuthorIzatIon prIor to accomplIshment of any work contemplated under the Project. -5- 9. Provide such accountIng, Independent cost estImating and Insurance counselIng servIces as may be requIred for the Project described In an AuthorIzatIon, such legal servIces as OWNER may requIre or TKDA may reasonabl y request wIth regard to legal Issues pertaInIng to the Project IncludIng any that may be raIsed by Contractor(s), such auditIng service as OWNER may req~lre to ascertain how or for what purpose any Contractor has used the moneys paId under the constructIon contract, and such InspectIon servIces as OWNER may require to ascertaIn that Contractor(s) are complyIng with any law, rule, regulatIon, ordInance, code or order applicable to theIr furnIshing and performIng the work. 10. ProvIde "record" drawIngs and specifications for all existing physical plants or facilities which are pertInent to an authorIzation. 11. Provide other servIces, materials, or data as may be set forth In an authorIzation. B. TKDA shall be entlt I ed to rei y completeness of Information furnished by the OWNER. Information furnIshed by the OWNER Is In error or purpose, TKDA shal I promptly notIfy the OWNER. on the accuracy and If TKDA finds that any Is Inadequate for Its ARTICLE 9. OPINIONS OF COST OpInIons of probable project cost, constructIon cost, fInancIal evaluations, feasIbIlIty studIes, economIc analyses of alternate solutIons and utIlItarIan consIderatIons of operatIons and maIntenance costs prepared by TKDA under an "Author Izatl on for Profess I ona I Serv Ices" wll I be made on the basIs of TKDA's experIence and qual iflcatlons and represent TKDA's best judgment as an experIenced and qualIfIed design professIonal. It Is recognized, however, that TKDA does not have control over the cost of labor, material, equipment or servIces furnIshed by others or over market condItIons or contractors' methods of determinIng theIr prices, and that any evaluatIon of any faci I Ity to be constructed, or acquIred, or work to be performed on the basIs of TKDA's cost opInIons, must of necessIty, be speculatIve untl I completIon of constructIon or acquIsItIon. AccordIngly, TKDA does not guarantee that proposals, bIds or actual costs will not substantIally vary from opInIons, evaluatIons or studIes submItted by TKDA to OWNER under an "AuthorizatIon for ProfessIonal Serv Ices." -6- ARTICLE 10. CONSTRUCTION PHASE SERVICES OWNER acknowledges that It Is customary for the architect or engIneer who Is responsible for the preparation and furnishing of DrawIngs and SpecificatIons and other construction-related documents to be employed to provide professional services during the BiddIng and ConstructIon Phases of the Project, (I) to Interpret and clarify the documentatIon so furnished and to modify the same as circumstances revealed durIng bIddIng and construction may dictate, (2) In connection wIth acceptance of substitute or or-equal Items of materIals and equipment proposed by bidders and Contractor(s), (3) In connection wIth approval of shop drawIngs and sample submittals, and (4) as a result of and In response to TKDA's detectIng In advance of performance of affected work InconsistencIes or IrregularItIes In such documentation. OWNER agrees that If TKDA Is not employed to provide such professional servIces durIng the BiddIng (If the work Is put out for bIds) and the ConstructIon Phases of a Project descrIbed In an "Author Izatlon for ProfessIonal Serv Ices," TKDA wll I not be responsIble for, and OWNER shal I Indemnify and hold TKDA (and TKDA's professional assocIates and consultants) harmless from, al I claIms, damages, losses and expenses Including attorneys' fees arising out of, or resulting from, any Interpretation, clarifIcation, substitution acceptance, shop drawing or sample approval or modifIcation of such documentation Issued or carried out by OWNER or others. NothIng contained In this paragraph shal I be construed to release TKDA (or TKDA's professional assocIates or consultants) from liabIlity for failure to perform In accordance with professional standards any duty or responsibIlity which TKDA has undertaken or assumed under an "AuthorIzation for Professional ServIces" and thIs Agreement. ARTICLE II. INSURANCE TKDA shal I procure and maintain Insurance for protectIon from claIms against It under workers' compensation acts, claims for damages because of bodily Injury IncludIng personal Injury, sickness or disease or death of any and al I employees or of any person other than such employees, and from claims against it for damages because of Injury to or destruction of property IncludIng loss of use resulting therefrom. Also, TKDA shall procure and maIntain professional liabIlIty Insurance for protection from claims arising out of performance of professional servIces caused by any negligent act, error, or omission for which TKDA Is legally liable. However, TKDA hereby states and the OWNER acknowledges, that TKDA has no professional liability (errors and omissions) or other Insurance, and Is unable to reasonably obtaIn such Insurance, for claims arIsing out of the performance or failure to perform professIonal services, Including but not limited to the preparation of reports, designs, drawings and specifications, related to the InvestIgation, detection, abatement, replacement, modification, removal or disposal of (I) pollutants or of (2) products, materIals or processes containing asbestos. Pollutants herein under (1) above meaning any solId, -7- liquid, gaseous or thermal Irritant or contaminant, Including smoke, vapor, soot, alkal Is, chemicals and hazardous or toxic waste. Waste Includes materIals to be recycled, recondItIoned or reclaimed. Accordingly, the OWNER hereby agrees to bring no claim for neglIgence, breach of contract, IndemnIty or other cause of action against TKDA, Its princIpals, employees, agents and consultants If such claim In any way arIses out of the actual, a II eged or threatened discharge, d I spersa I, rei ease or escape of pollutants, or the InvestIgatIon of or remedial work related to such pollutants or asbestos In a Project descrIbed In an "AuthorIzation for Professional Serv Ices." The OWNER further agrees to defend, Indemn I fy and hold TKDA and Its principals, employees, agents and consultants harmless from any such poll utant or asbestos rei ated c I a I m that may be brought by thIrd partIes as a result of the services provided by TKDA pursuant to an "AuthorIzation for ProfessIonal Services." Notwithstanding the above, the OWNER shal I not be prohibIted from brInging suit against TKDA for Its alleged negligence, breach of contract or other cause of action arising out of Its professional services rendered In connection wIth the desIgn and construction of potable water systems, storm water systems and sewerage systems Including those receIvIng IndustrIal waste pre-treated In accordance wIth EPA standards nor Is the OWNER required to IndemnIfy and hold harmless TKDA for claims and suits brought agaInst It by third partIes arising out of such professional services. Certificates of Insurance wll I be provided to the OWNER upon req uest . ARTICLE 12. ASSIGNMENT ThIs Agreement, being Intended to secure the personal servIce of the IndIvIduals employed by and through whom TKDA performs work hereunder, shal I not be assigned, sublet or transferred wIthout the written consent of the OWNER. ARTICLE 13. CONTROLL ING LAW ThIs Agreement Is to be governed by the laws of the State of MI nnesota. ARTICLE 14. NON-DISCRIMINATION TKDA wll I comply with the provIsions of applicable federal, state and local statutes, ordInances and regulations pertaining to human rights and non-discrimInatIon. -8- IN WITNESS WHEREOF, the parties hereto have executed thIs Agreement the day and year fIrst above written. CITY OF ANDOVER, MINNESOTA By Attest TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED By By -9- TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS-ARCHITECTS-PLANNERS SAINT PAUL, MINNESOTA JANUARY I, 1988 EXHIBILA .sct:iEOUJ.E-.J:!UHL.LlliLMIf.5 OL.fEB.500tjELEMELOYEO_OtLWORK FOR QilLQLANOO~E&. M IN NESQIA ~lf.U;a:t:1Qn 1987-1988 Range of Hourly BII lIng Rates SenIor RegIstered Engineer or Architect SenIor Non-Registered Designer Registered EngIneer, Architect or Land Surveyor Senior TechnIcian or Drafter Graduate Engineer, Architect or Planner Technician or Drafter $54.00 to $80.00 $45.00 to $73.00 $32.00 to $61.00 $35.00 to $55.00 $23.00 to $48.00 $15.00 to $38.00 Schedu I e 2750 A-I pee 1-ZPi/?7 TKDA .\'\.. T.oL TZ. KING. DUVALL. ANDERSON AND ASSOCIA TES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUl. MINNESOTA 55101- 1893 612/292.4400 FAX 612/292-0083 November 30, 1987 Honorable Mayor and CIty CouncIl Andover, Minnesota Re: Andover, MInnesota CommIssion No. 7379-987 :~:". Dear Mayor and CouncIl: The fol lowing are engIneerIng matters discussed at a special Council Meeting on Tuesday, November 24, 1987: 1 . fulil:t-Eiliks.Qn....l'r'g.1:.eL.5.en.lli;.e The non-conformIng wel I of Violet ErIckson was drIed up durIng sewer construction on Crosstown Boulevard. She wll I be given financIal assistance under the Anoka County CAP program to al low her connectIon to the CIty water supply. CounclL&;tiQn The CIty Council approved the connection as proposed and authorIzed City staff to effect the connectIon. 2 . .s:tQr:nLUr:.alngg!.LEilln A surface water management plan for the area north of Coon Creek to approximately Crosstown Boulevard, and east and west of Hanson Boulevard, was presented by Mr. Rodeberg. A phased plan to al low assessment and/or escrow for storm water management without levy of assessment on non-developing areas was to be studIed. PartIcular attentIon was addressed to the Oak Bluff and WInslow HII Is plats. The schedule to effect utilities, IncludIng necessary storm sewers, must al low for early sprIng construction and acquIsition of easement ~Q[ to award of contracts. ~lLActJ.Qn TKDA was dIrected to prepare a supplemental feasIbility report for the storm water management plan as presented. 3. yg.cg.1:J.Qn-OLUUllMgfl-.fasement_::-Lot 7, B I ocIL2....J)g.ILB.lJ.IiL&J~Q1I A request to vacate the drainage easement on the referenced parcel was presented. Honorable Hayor and City Councjj Andover, Minnesota November 30, 1987 Page 2 ,',- Cm!~lLh~tlQD The CouncIl denIed the request to vacate the draInage easement on the above described parcel. The Council did al low the fll I Into the easement to remaIn untIl such time as the storage demand would require removal. The removal would be at the owner's expense. 4. ~~D_QLQln~g~-EQDd A defined easement to al low for utilities and storm water detention to the 100-year storm frequency high water elevatIon was presented. The property Is tax title property and the easement Is granted by Anoka County. MPCA and EPN'staff persons have indIcated no potentIal City I lability. ,CQJ.!~Lh~tlQD The CouncIl approved the easement wIth the provision that the legal description shal I be amended to exclude any area within which a monitoring well Is located. 5. CQntr:~~LQhM~.-Q~ A. .shgd:t-KnQ1LiEr:Q~rt~Il Change Order No.3, for providIng storm sewer catch basIns within South Coon Creek Drive at Uplander is chargeable to the South Coon Creek Drive project (MSA), restocking charges for returned catch basins, and a hydrant extensIon, was presented. ,CQJ.!ll~LA~tlQn Change Order No.3 was approved as presented wIth al lowed payment reduct Ion. B. We I I NO.L-LiEr:QJ~QaI=1.Ql Change Order No.2, for extensIon of tIme to November 13, 1987, at no change In contract price, was presented. QQ.unc II A~t.iQn Change Order No. 2 was approved as presented. . Honorable Mayor and City Council Andover, Minnesota November 30, 1987 Page 3 ,'." c. ~.stQ\'lD-I;lQu1~~tiEr:o j ect ~Ell The change orders were held over to al low for additional review with the contractor. Sincerely yours~ Davidson, P.L ::...:,...-. . JLD :adh fD CC /L/lsjg'7 /1/ro TKDA T.OL TZ, KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101.1893 612/292.4400 FAX 612/292-0083 December 8, 1987 Honorable Mayor and CIty Council Andover, Minnesota Re: Crosstown Boulevard Project 87-3B Andover, Minnesota CommIssIon No. 8179B Dear Mayor and CouncIl: Enclosed Is a revised rlght-of-way/easement acquIsition form for the property located at the Intersection of Coon Creek and Crosstown Boulevard on the above referenced project. As requested, the EPA test wel I was located and the easement locatIon changed to omit It from any easement area. JPR:j Enclosure ... BlG.til~f::l'l1\X~J;.!1t;N.Ll\W.U.l;UUUN PROJ ECT Sanitary Sewer Watermaln, Storm Sewer and Street Reconstruction (Crosstown Boulevard) (Project 87-3B) DATE; REVISED; June, 1987 September, 1987 December, 1987 CITY, Andover, Minnesota TKDA 2500 AmerIcan National Bank Saint Paul, MN 55101 COMM.NO. 8179-B PIN; 27 -32-24-31-0007 Parcel_LZ-- of --12- OWNER(S); In Trust of State of Minnesota (formerly Waste Disposal Engineering) ADDRES S; f[Q~~LI~-D~s~l~!lQn~ Unplatted City of Andover. That part of the NE 1/4 of the SW 1/4 of Section 27-32-24 described as fol lows: commencing at the Northeast corner of said NE 1/4 of the SW 1/4, thence West along the North line thereof for 58.6 feet and to the centerline of County State Aid Highway No. 18, thence South 32 deg 55 mln West for 550.17 feet along said centerline, thence South 44 deg 11 mln West for 342.85 feet along said centerline, thence South 45 deg 26 m I n East for 872 feet and to the Southeast corner of sa I d NE 1/4 of SW 1/4, thence North along the East line of said NE 1/4 of the SW 1/4 and to the point of commencement (subject to easement to REA and to the easement of record, If any). Blgb!::Qf::w~~LE~s~m~!_Q~s~Ll~!lQn~ Permanent Right-of-Way: That portion of the above described parcel located between the centerline of Crosstown Boulevard and a line running parallel to said centerline measured a dIstance of 50 feet Southeasterly of saId centerline, excluding existing easements of road and record. ....Q..J!L Acres Permanent Utility and Drainage Easement; That portIon of the above described parcel located wIthin 300' of the centerline of Crosstown Boulevard and also located north of the fol lowing described lIne; Commencing at the NE corner of the NE 1/4 of the SW 1/4 of Section 27-32-24, thence south along the East II ne thereof a dIstance of 615 feet to the point of beginning, thence N 570 W to the centerline of Crosstown Boulevard and there terminating (excludIng existing easements of road and record). _h2~ Acres Ell..[~~L8~.!:&~glt:. Total Parcel Acreage Before Permanent Right-of-way or Easement Acquired Temporary Easement Acquired Total Parcel Acreage After .J1...QQ Acres _2...3.Q Acres JWlQ Acres _UQ Acres J.Ql;illQ.n~ '11"1 ~. : R 'E. ' I', ' ..'! . 1 ~..... . -. ", , - ,~ : ~_. '--~._-_. -,I;.. CREEKSIDE ESTATES~ ~._i ..... , 1,?IO- X " ....., \ ___..J /~ '-\~- STO,RM SEWER ~ OUTLET ARE~' .4 / // ( ) //. I / , , .=,,:)(1- - - - ~- ----- -------- ~... . ~.' , WHAT'S HAPPENING 9th . Attached is a article from the st. Paul ,Dispatch December 14, 1987 discussing Woodland's proposed golf course. Also todays Star and Tribune has a article. . The Coon Creek Watershed District had a meeting December 14, 1987 and requested Jerry and I attend. They discussed (see attached agenda) the watershed Attorney's presentation covered where the Watershed was and where it is going on the project. The Board appears as though they are starting over on the hearing process using a new formula. 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AlqeqoJd Atredwo:>. alll pres YU. eSed WOJI penulluoo sputJIlaA\ JO aSllas lea!SS1lIa 11 a.mlanJls aq~ llllJAJll .Iallll.!I pue e.Io.mv le SluaID -ala JaUJoa llUOJ1S ql!.M. 'ueM pm; aauaJ JO a.mlXJW e 811 .Ieadde lI!!" dure.I aql 'ap!s laa.I1S aam sl! uO 'HIIMa JOJ dwe.I alp JO Jaull!sap PllaI 'uoSJapuv A.ua,L .....~ 'nftW7PII^...9 '1''''1.'''''''''' ":'Ion'l T^ .....9n~ f t I;.i ;:f , ~; ; I , .. j , r _f ~!- + j oJ , I , , ~ 1 <.> ~. ' COON CREEK WATERSHED DISTRICT SPECIAL BOARD OF MANAGERS MEETING REPAIR OF ANOKA COUNTY DITCH NO. 57 DECEMBER 14, 1987 1. Approval of agenda 2. Openin9 Statement - Mel Schulte 3. Presentation by Le9al Counsel - Harold Sheff - Coon Creek Watershed District 4. Comments by the Cities - City of Andover - City of Coon Rapids - City of Ham Lake 5. Comments from the Audience Ple~se re9ister on the 9uest list. You must be re91ste~ed to address the Board. Names will be called 1n order of re9istration. 6. Closin9 statements fPlW '\ )1c-9;r11<- 0(2 Co;AJY~~ f.-)J7fWl/5hJo:f" ( k "" " /k f?/ZA:JliZ7/ 15EIJ:"J A8mv.D~ ?!! IV 0 .. h -f3uILY; 7. Adjournment o D/JZJ5 j)//ZII /V&?7;0 fii Ci/J11;VSo MilIA! PtflJ1JZrjmIf1 62 ;/)U!5 {) F- ~L, ,4-vou1/67Z.. :Y (}H~> 0,1:$//. {};:: /? , I . ~MIrwi;t 3t/fIoa& 10 C{&pV' Dj/Zif, " Eil.Teff DBf"1/f ~ ~-.fl":v~7- f/z 1;;; (}cJD CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE n",,,,,,mh,,,r 1" jqR7 Final Payment 87-10 ORIGINATING DEPARTMENT Engin"cing ~ BY: James E. Schrantz APPRovE(r FOR AGEND~ \ AGENDA SECTION NO. ITEM NO. 1!j BY:~ fj The City Council ~s requested to work and directing final payment for Project # 87-10 Well #3. approve the resolution acc~ting to E.H. Renner & Sons, Inc. Attached is the recommendation from TKDA. COUNCIL ACTION MOTION BY TO SECOND BY ()oDl. ~o 8929 Cert. ~o. 5 (Final) St P ul, M on . a i., December 9 1~ Owner To City of Andover, Minnesota This Certifies that E.H. Renner and Sons , Contractor For Well No. 3 (87-10) Eleven Thousand Two Hundred Seventy-eight and Is entitled to 22/100 Dollars---------------------------------- ($ b . final. r . 1 . . h d d ew.g estIDlate ~or pa.rua payDlent on contract WIt you ate 11,278.22 ) June 16 87 19- Received payDlent in full of above certificate. ?~ CONTRACI'OR TOLTZ. KING. DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS AND ARCHITECTS National Bank Bldg. esota, 55101 19- CONTRACT PA YMENTS CREDITS PLUS EXTRAS Contract price plus extras 121,250 00 - All previous payments 97,939 18 - All previous credits - Extra No. Change Order No. 1 - 450 00 " " Change Order No. 2 o 00 " " Change Order No. 3 (Compensating) - 11,582 60 .. .. - " " Credit No. .. .. " .. I- " " - AMOUNT OF THIS CERTIFICATE 11,278 22 - Totals 109,217 40 109,217 40 Credit Balance - There will remain unpaid on contract after payment of this - - Certificate 0 00 - 109,217 40 109,217 40 RECAPITULATION OF ACCOUNT TKDA T.OL TZ. KING, DUVALL. ANDERSON AND ASSOCIA TES, INCORPOAA TED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101.1893 612/292-4400 FAX 612/292-0083 December 15, 1987 Honorable Mayor and CIty Council Andover, Minnesota Re: Well No.3 Plvj€:ct 87-10 Andover, Minnesota Commission No. 8929 Dear Mayor and Council: E.H. Renner has completed construction on the above referenced project and has submItted al I requIred documents. The project has been completed to our satIsfaction and we recommend final payment to E.H. Renner In the amount of $11,278,22, The final contract totaled $109.214.40, an amount $12,032.00 less than the original contract amount. JPR:j CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO E.H. RENNER & SONS INC. FOR PROJECT NO. 87-10 FOR THE IMPROVEMENT OF WELL i3. WHEREAS, pursuant to a written contract signed with the City of Andover on June 16, 1987, E.H. Renner & Sons, Inc. of Anoka has satisfactorily completeo the following improvement of Well i3 construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota. The work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. Meeting this and adopted by the day of MOTION seconded by Councilman City Council at a 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Victoria Volk ~City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 15, ]987 BY:James E. Schrantz APPROV.~E/.DDq( OR AG<N/tOO Bv/YI . ~ AGENDA SECTION NO. ORIGINATING DEPARTMENT Administration ITEM Ammended Budget NO. The City Council is requested to approve the ammended budget as follows: We recalculated the salary line items using the approved salaries as adjusted including PERA & SSA ( we have been notified that SSA has increased from 7.15 to 7.51 since we first did the budget). Also adding the following: Zoning Administrator added time approved December 8, 1987 Crime Watch approved December 8, 1987 Corrected error under Insurance Administration approved December 8, 198 The above added up to $10,906.00 The cost for the City's insurance is less then the figure we used to calculate the budget. We will take $10,906.00 out of insurance and respread the insurance to each department. The revenue is $1,804,792.00 approved Decmeber 8, 1987 and the expend- itures have been adjusted so they rema1n at 1,804,792.00. The 1nsurance may still have funds remaining, if so we will place the remaining under unallocated funds when we print the budget. We need :to approve the water and sewer budget yet then we will print the budget. COUNCIL ACTION MOTION BY TO SECOND BY CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 15, 1987 ITEM Receive Retirement NO. Proposal BY: Paul Gengler APP,R~O~VD FOR AGEN , BY: I AGENDA SECTION NO. ORIGINATING DEPARTMENT Fire Department Paul will have a proposal at the meeting December 15, 1987 to discuss a retirement plan for Andover Rescue. COUNCIL ACTION MOTION BY TO SECOND BY "r' LAW OFFICES OF oc;::: i ;)~- Hurke aNd JlawkiNs SUITE 101 299 COON RAPIDS BOULEVARD October 9, 1987 _", '" ,,_ , ,COON RAPIDS. M!l"NESeT"A"!lS43 ',U",i.,' t, f., L H rCD;.~'---" PHON '~,B~ ,[l.t; WiL' J' ~'Ib~-:""':""~~-'-~l. / / /21 ('1? \; OCT 1 3 1987 I ~~~_ f1t:h1 q CITY OF ANDOVER JOHN M. BURKE WILLIAM G. HAWKINS BARRY M. ROBINSON Re: Easement 'Acquisition - Project 87-3 ~Tzft!f7 ;' /fPP 6lV I i /;O/J Mr. James E. Schrantz Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 Dear Jim: Enclosed please find a copy ,of a letter I have received from the County Attorney as well as Indemnification Agreements and Easements that the City needs for the sewer and water system over tax forfeited lands. Would you please have this matter placed on the City Council agenda for approval. t;Jnc;r;)lY' ~~G. Hawkins ;,fie gffJ WGH:mk Ene. / t.;r( ~)b O(U- ;,) ~, o " -11 () f1~" , ' .~ ..--' WI. lL/ ~\ U~ ~i ~U:,/ I~I'~ ,/I ~ fine lrA /~~[} i,iVJ.7} nvv f rf1' I \ (J ()1') ("r ~ o ~ ~ ~~P6 NDIP 1 ~ tJP \ . .tW!lfJ'l"~Gr:?f,'~';"'" Office of ANOKA COUNTY ATTORNEY ROBERT M.A. JOHNSON Courthouse - Anoka, Minnesota 55303 September 25, 1987 612-421-4760 William G. Hawkins Andover City Attorney Suite 101 299 Coon Rapids Boulevard Coon Rapids, MN 55433 RE: City of Andover Easement Acquisition Over Tax Forfeited Parcels Parcel No. 87-3B/12; Parcel No. 87-3C/l; Parcel No. 87-3C/9 Dear Mr. Hawkins: Enclosed for your review please find an original and two copies of an indemnification agreement regarding the granting of utility easements on the above described parcels and copies of the proposed utility easements. Please review 'the agreement and easements and if they are satisfactory please have the. appropriate city officials sign all three agreements and forward them to me. If you have any problems with the agreement or the easements please contact me as soon as possible so that they:' can be corrected. If the agreement and easements are satisfactory please contact me so that I may proceed to have them approved by the County Board. I anticipate that the agreement and easements will be approved by the County Board at the October 13, 1987 meeting. If you have any questions regarding this matter please do not hesitate to call. Sincerely, \~ (;)~--- ~/~~ Dan Klint Assistant County Attorney DK:cjm enclosures cc: Commissioner Natalie Haas Steffens Jim Plemel, Auditor's Office Affirmative Action I Equal Opportunity Employer - . < AGREEMENT TO GRANT EASEMENT THIS AGREEMENT is made and entered into this day of , 1987, by and between the County of Anoka, a political subdivision under the laws of the State of Minnesota, and hereinafter referred to as "County", and the City of Andover, a political subdivision under the laws of the State of Minnesota, hereinafter referred to as "City". WHERBAS, certain land situated in the County of Anoka, State of Minnesota, with property identification numbers 27-32-24-31-0007 and 27-32-24-44-0001 have forfeited to the State of Minnesota for nonpayment of taxes, said property hereinafter referred to as the "Site"; and WHERBAS, pursuant to Chapter 282 of Minnesota Statutes, the County manages the Site on behalf of the State of Minnesota; and WHBRBAS, the City desires to obtain utility easements across the Site; and WHBRBAS, pursuant to Minnesota Statute S 282.04, subd. 4, the County Auditor on such terms as the County Board prescribes, may grant easements for sewer and water lines on unsold tax forfeited land. In consideration of mutual promises herein contained, the parties agree as follows: , 1. GRANT OF BASTMBNTS. County hereby agrees to grant the City by separate instrument temporary construction easements and utility easements across the Site, said easements being more particularly described in Exhibits A, B, and C, which are attached hereto and incorporated herein by reference. 2. INDBMNIFICATION. In consideration for the granting of the above described easements, the City agrees to hold harmless, indemnify and defend the County, its commissioners, officers, employees and agents against any and all claims, losses, damages, or losses for damages, arising from, alledgedly arising from, or related to the design, installation, cOffitruction, maintenance and operation of the utility services upon the easements granted herein. In witness whereof, the parties of this agreement have hereunto set their hands on the dates written below: COUNTY OF ANOKA By: Dan Erhart, Chairman Anoka County Board of Commissioners Dated: ATTEST: By: John "Jay" McLinden Anoka County Administrator APPROVED AS TO FORM & EXECUTION: Dan Klint Assistant Anoka County Attorney DK:Cont-7 CITY OF ANDOVER By: Mayor of City of Andover Dated: By: Andover City Clerk Dated: 27-31-24-31-0007 . ' .;' . 4 Andover COI:missioner Jlaas-Steffen COUNTY OF ANOXA .STATE OF MINNESOTA -OFFICE OF THE COUNTY AUDITOR .CONVEYANCE OF EASEMENT OVER TAX-FORFEITED LANDS FOR CERTAIN PUBLIC PURPOSES Issued Pursuant to Section 282.04, Subd. 4 of the Minnesota Statutes. THIS INDENTURE, made this _____ day of ~)etween the State of Minnesota, as party of the first part, and , 19 -' city of Andover ~arty of the second part: WITNESSETH: WHEREAS, the Board of county commissioners for the County of Anoka did by resolution on the day of , 19 ___, prescribe the terms for the conveyance of an easement for certain public purposes over certain tax-forfeited real property situate in the County of Anoka, State of Minnesota, NOW, THEREFORE: The undersigned county Auditor for and in behalf of the State of Minnesota, for and in consideration of the sum of Ten and no/100------------------- -----------------------------Do11ars, in hand paid, receipt of which is hereby acknowledged, does hereby grant and convey unto the party of the second part an easement for utility purposes over the tax-forfeited real estate situate in the county of Anoka, state of Minnesota, which easement is described as follows: See attached "Exhibit A - 37-3C/1" .! ~ . " Saia easement i8 8ubject to the f 11owin9 terms: and 8uch other conditions as stated in section 282.04, Subd. 4 of the tinnesota Statutes. IN ~ESTIHONY WHEREOF, the State of Minnesota has caused this !asement to be executed by the County Auditor of Anoka county in the City )f Anoka, County of Anoka, and State of Minnesota, the day and year first above written. 'Charles R. Lefebvre, county Audi~or County of Anoka, Minnesota BY: Deputy County Auditor .~. ;TA~E OF MINNESOTA) ~ ss. =OUNTY OF ANOn ) On this _____ day of , 19___, before me personally appeare to me known to be the person who executed the foregoing easement in behalf ~f the State of Minnesota and acknowledged that he executed the same as the (ree act and deed of said state pursuant to the Statutes in such case made and provided. Notary Public rhis inst:rwne~t was drafted by:. ~noka County Attorney 325 B. 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A temporary easement for utility construction purposes to expire September 1, 1988 60 feet in width, said easement being 30 feet on each side of the permanent easement described above. 27-32-24-44-0001 Andover Coamisioner Haas-Steffen :" ~ COUNTY Of MOltA .STATE Of MINNESOTA 'OFFICE OF THE COUNTY AUDITOR .CONVEYANCE OF EASEMENT OVER TAX-FORFEITED LANDS FOR CERTAIN PUBLIC PURPOSES Issued Pursuant to Section 282.04, Subd. 4 of the Minnesota Statutes. THIS INDENTURE, made this _____ day of >etween the state of Minnesota, as party of the first part, and , 19 -' City of Andover yarty of the second part: WITNESSETH: WHEREAS, the Board of county Commissioners for the County of Anoka 5id by resolution on the day of , 19 ___, prescribe the terms for the conveyance of an easement for certain public purposes over certain tax-forfeited real property situate in the county of Anoka, State of Minnesota: NOW, THEREFORE: The undersigned County Auditor for and in behalf of the state of ~innesota, for and in consideration of the sum of Ten and no/100-------------------~ .-----------------------------Dollars, in hand paid, receipt of which is hereby . acknowledged, does hereby grant and convey unto the party of the second part an easement for utility purposes over the tax-forfeited real estate situate in the county of Anoka, State of Minnesota, which easement is described as follows: See "Exhibit II - 87-3C/9 .Said easement ia subject to the following terms: and such other conditions as stated in section 282.04, Subd. 4 of the ~innesota Statutes. IN TESTIMONY WHEREOF, the State of Minnesota has caused this easement to be executed by the County Auditor of Anoka county in the City :>f Anoka, County of Anoka, and State of Minnesota, the day and year first above written. 'Charles R. Lefebvre, county Audi~or County of Anoka, Minnesota BY: Deputy county Auditor .'Y' ;TATE OF MINNESOTA) ~ 88. :OUNTY OF ANOn ) On this _ day of , 19___, before me personally appeare :0 me known to be the person who executed the foregoing easement in behalf )f the State of Minnesota and acknowledged that he executed the same as the . :ree act and deed of said state pursuant to the Statutes in such case made md provided. Notary Public '~his inst:rume~t was drafted by:. Inoka County Attorney 125 E. Main Street moka, HN 55303 Ipproved as to form and execution: Ll!slstant Anoka County Attorney " EXHIBIT A PARCEL NO. 87-3C/9 u A permanent easement for utility purposes over that portion of the following described property: The Southeast Quarter of the Southeast Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota. which lies within the fOllowing 40 foot strip of land, the center line of which is described as follows: Commencing at the northeast corner of the Southwest Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesotal thence South 0 degrees 56 minutes 27 seconds East, assumed bearing, along the east line of said Southwest Quarter a distance of 141.13 feetl thence North 60 degrees 49 minutes 58 seconds west a distance of 97.70 feet to the actual point of beginning of the line to be describedl thence South 60 degrees 49 minutes 58 seconds East a distance of 400.49 feetl thence South 61 degrees 07 minutes 43 seconds East a distance of 518.24 feetl thence South 88 degrees 00 minutes 00 seconds East a distance of 286.95 feetl thence South 85 degrees 03 minutes 11 seconds East a distance of 455.05 feetl thence South 41 degrees 38 minutes 22 seconds East a distance of 352.92 feetl thence South 42 degrees 03 minutes 16 seconds East a distance of 361.72 feetl thence South 43 degrees 04 minutes 36 seconds East a distance of 282.93 feetl thence South 67 degrees 03 minutes 39 .seconds East a distance of 400.21 feetl thence South 84 degrees 29 minutes 30 seconds East a distance of 140.61 feetl thence South 68 degrees 29 minutes 37 seconds East a distance of 18.57 feet to the east line of said Section 27, said line also being the west line of Section 261 thence continuing South 68 degrees 29 minutes 37 seconds East a distance of 356.79 feetl thence South 71 degrees 02 minutes 59 seconds East a distance of 350.63 feetl thence South 77 degrees 12 minutes 13 seconds East a distance of 339.34 feetl thence South 68 degrees 28 minutes 51 seconds East a distance of 356.78 teetl thence South 63 degrees 10 minutes 05 seconds East a distance of 450.00 feetl thence South 55 degrees 31 minutes 08 seconds East a distance of 450.00 feetl thence South"89 degrees 38 minutes 57 seconds East a distance of 896.50 feet I thence South 0 degrees 21 minutes 03 seconds West a distance of 217.13 feet to the south line of said Section 26, said line also being the north line of Section 351 thence continuing South 0 degrees 2~ minutes 03 seconds West a distance of 361.00 feet and said center line there terminating. A temporary easement for utility construction purposes to expire September 1, 1988 60 feet in width, said easement being 30 feet on each side of the permanent easement described above. 27-32-24-31-0007 Andover Caa~issioner Haas-Steffen .cOUNTY OF ANOn .STATE OF MINNESOTA 'OFFICE OF THE COUNTY AUDITOR CONVEYANCE OF EASEMENT OVER TAX-FORFEITED LANDS FOR CERTAIN PUBLIC PURPOSES Issued Pursuant to Section 282.04, Subd. 4 of the Minnesota StatuteS. THIS l:NDENTURE, made this _ day of ~)etween the State of Minnesota, as party of the first part, and , 19 -' city of Andover ~arty of the second part: WITNESSETH: WHEREAS, the Board of County Commissioners for the County of Anoka . did by resolution on the day of , 19 ___, prescribe the terms for the conveyance of an easement for certain public purposes over certain tax-forfeited real property situate in the county of Anoka, State of Minnesota, NOW, THEREFORE: The undersigned county Auditor for and in behalf of the State of Minnesota, for and in consideration of the sum of Ten an<1 no/100---------------- ----------------------------nollars, in hand paid, receipt of which is hereby . acknowledged, does hereby grant and convey unto the party of the second part an easement for _ utility purposes over the tax-forfeited real estate situate in the County of Anoka, State of Minnesota, which easement is described as follows: See "Exhibit A - 07-3B/12" " t Saia easement is subject to the following terms: and such other conditions as stated in section 282.04,Subd. .. of the Minnesota Statutes. IN TESTIMONY WHEREOF, the State of Minnesota has caused this easement to be executed by the County Auditor of Anoka County in the City of Anoka, County of Anoka, and State of Minnesota, the day and year first above written. 'Charles R. Lefebvre, county Auditor County of Anoka, Minnesota BY: Deputy County Auditor _ !Y- STATE OF MINNESOTA) ) ss. COUNTY OF ANOn ) On this _ day of , 19___, before me personally appear~ to me known to be the person who executed the foregoing easement in behalf of the State of Minnesota and acknowledged that he executed the same as the free act and deed of said state pursuant to the Statutes in such case made and provided. Notary Public This inst:rume~t was drafted by:, Anoka County Attorney 325 E. Main Street Anoka, MN 55303 Approved as to form and execution: Assistant Anoka County Attorney .' . ., .... EXHlBrr A PARCEL NO. 87-3B/12 A permanent easement for utility purposes over that portion of the following described property located between the center line of Crosstown Boulevard and a line measured a distance of 50 feet Southeasterly and parallel of said center line; said property is described as follows: That part of the Northeast Quarter of the Southwest Quarter of Section 27, Township 32, Range 24, described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Southwest Quarter, thence West along the North line thereof for 58.6 feet and to the centerline of County State Aid Highway No. 18, thence South 32 degrees 55 minutes West for 550.17 feet along said centerline, thence South 44 degrees 11 minutes West for 342.85 feet along said centerline, thence South 45 degrees 26 minutes East for 872 feet and to the Southeast corner of said Northeast Quarter of Southwest Quarter, thence North along the East line of said Northeast Quarter of the Southwest Quarter and to the point of commencement (subject to easement to REA and to the easement of record, if any). " ~ / tV Fe:> GMHCo GEORGE M. HANSEN COMPANY, P.A. A Professional Corporation of Certified PubfiC' Accountants 70 C. C. Izj;?'7 Sc.. December 2. 1987 ,.~..___.__W" I ~. f '. '~.:f ;':l.. ~ \t. ......:..::. ......., ....":"-lJ l' DEe ... l, 1987 t;. ..."'.....,.;"..,_~'""~"' "-,- '~_'H_'-"-'--'" Mr. James Schrantz. Administrator City of Andover 1685 Crosstown Boulevard Anoka. Minnesota 55303 CITY OF ANDOVER Dear Jim: Enclosed is our proposal regarding the 1987 audit of the City. The 1987 fee is an increase of $1.600 over the 1986 fee. This increase is due to the greatly increased activity during 1986 and 1987. In our estimate for the 1986 audit I did not fully anticipate the level of activity that occurred. I would like to meet with you and the Mayor to discuss this proposal. Please call me to set up the meeting. Very truly yours. GEORGE M. HANSEN COMPANY. P .A. J~PhY JGM: iac Enclosure '433 UTICA AVENUE SOUTH, SUITE 175 MINNEAPOLIS, MINNESOTA 55416 612/546-2566 GMHCo GEORGE M. HANSEN COMPANY, P.A. A Professional Corporation of C"tified Public Accountants December 2, 1987 City Council City of Andover Dear Council Members: This letter will confirm our understanding of the arrangements covering our audit work for the City of Andover, Minnesota for the year ending December 31, 1987. We will examined the general purpose financial statements as of and for the year ending December 31, 1987. Our examination will be made in accordance with generally accepted auditing standards and will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. The objective of our examination is to express an unqualified opinion on the financial statements, although it is possible that facts or circumstances encountered may require us to express a less than unqualified opinion. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts. tests of the physical existence of inventories and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected customers, creditors, legal counsel and banks. At the conclusion of our examination. we will request certain written representations from your staff about the financial statements and matters related thereto. The fair presentation of financial position and results of operations in conformity with generally accepted accounting principles is management's responsibility. Management is responsible for the development, implementation and maintenance of an adequate system of internal accounting control and for the accuracy of the financial statements. Although we may advise you about appropriate accounting principles and their application, the selection and method of application are responsibilities solely of management. Our engagement is subject to the inherent risk that material errors, irregularities or illegal acts, including fraud or defalcations, if they exist, will not be detected. However, we will inform you of any such matters that come to our attention. 1433 UTICA AVENUE SOUTH, SUITE 175 MINNEAPDLIS, MINNESDTA 55416 612/546-2566 ,- City Council City of Andover December 2. 1987 Page 2 Fees for our services are based on our regular per diem rates. plus out-of-pocket expenses. all of which will be billed as our work progresses. Our fee for this engagement will not exceed $10,700. Our services include the work necessary for the "Legal Compliance Audit Guide". Should any situation arise that would increase this estimate, we will of course. advise you. Whenever possible. we will attempt to use your personnel. This effort could reduce our time requirements and help you hold down audit fees. During the course of our work, we may observe opportunities for economy in or improved controls over your operations. We will bring such matters to the attention of the appropriate level of management. either orally or in writing. Please indicate your agreement to these arrangements by signing the attached copy of this letter and returning it to us. We appreciate your confidence in retaining us as your certified public accountants and look forward to working with you and your staff. Very truly yours. GEORGE M. HANSEN COMPANY. P .A. cr~ /t1~ J. Gregory Murphy JGM:iac Enclosure Approved by: City of Andover. .Minnesota Date HIDDEN HAVEN COUNTRY CLUB 20520 NE Polk St. Cedar, MN 55011 612-434-4626 HiddefJ.Hflven CoufJtry Club would like to invite you and a guest to a V.J.P. Christmas Party, to vi,ew our newly remodeled facilities. A complete renovation of the building has been done and a 9 Hole, 36 par golf course is 95% completed and will be open for play approximately July 1, 1988. Date: Monday December 14, 1987 Time: 4:00 - 7:00 pm Hors d'Oeuvres and Champagne will be provided. Please R.S.V.P. by Friday, December 11, 1987. Looking forward to seeing youl Deanna Lee, General Manager Audrey Barry, Manager Mike Krogstad, Golf Course Supt. ~ cJlnoka-$Cennepin !Independent School 9Jishict ']lo. 11 SCHOOL BOARD Larry Ragland, Chairman Susan Anderson, Vice Chairman Jon Stonecash, Treasurer Betty Hardie, Clerk Karen Irvin, Director Denis Kelly, Director Dr. Lewis Finch, Superintendent EDUCATIONAL SERVICE CENTER 11299 Hanson Boulevard N.W. . Coon Rapids, Minnesota 55433 612n55.8220 ce., rz/t5/:?l ~qG~~71U "''''''''''''''T.-''-"",~" . ---II ~ November 25, 1987 Gerald Windschitl, Mayor Andover City Hall 1685 Crosstown Boulevard NW Anoka, MN 55303 . CITY OF ANDOVER Dear Mayor Windschi t1: Because we, the City of Andover and Anoka-Hennepin School District No. 11, share many concerns, it is important for us to maintain ongoing communications. I propose that representatives of the Andover City Council and the School District schedule Ii meeting to discuss issues of mutual concern. . We will be happy to join you at the Andover City Hall on one of the following dates: January 19, 20, or 21, 1988. Please select a date and time for such a meeting and notify me (755-8220). If you have suggestions regarding this proposal, please give me a call. Sincerely, Lewis W. Finch Superintendent cc: E.11 L;io3i$t, City Administrator "Every Student Will Learn" GAB Business Services Inc 380 Lafayette Freeway Road Suite 118 POBox 7007 SI. Paul Minnesota 55107 Telephone 612-292-1234 Branch Office 'YIR( .'.;". ':'.j".. ....: ',' "';'. . fu /f;,,-:;:,. t. December 8, 1987 City of Andover 1685 Crosstown BouLevard NW Andover, Minnesota 55303 Attn: City Administrator Mr. James E. Sch rantz 1lJ CC /<(rsjJ?? OVERACEKllJRYOF$fiMCE ~ Dear Mr. Schrantz: GAB FILE NO.: 56542-01405 TRUST MEMBER: CITY OF ANDOVER ~b8IM8~Il__~E~~g_tl8YL_gI_8b______- This Letter wiLL formaLLy acknowLedge once again receipt of the Summons and CompLaint which has been fiLed in Anoka County District Court entitLed Bruce B. Hay, BerneLL Hay, Steven Johnson, Linda Johnson, LesLey Barnes, John O. Barnes, and Round Lake DeveLopment Corporation, PLaintiffs, versus, City of Andover, Jerry WindschitL, as Mayor of Andover and its counseL members, Jim ELLing, MichaeL Knight, Ted Lachinski, and Ken OrteLL, Defendants. As you are aware, we have referred the handLing of this Lawsuit to the Law firm of Hoff and ALLen, 250 Suburban NationaL Bank BuiLding, 300 Prairie Center Drive, Eden Prairie, Minnesota 55344- 5381 with instructions to file the necessary appearances on your behalves and to protect the immedia~e interests of the city and counsel members as named defendants. PLease be advised that at the present time the Lawsuit has been aLtered so that the onLy remaining defendant to this Litigation is the city of Andover. PLease be advised that I have taken the above mentioned action with respect to the assigning of defense counseL and the further handLing of this litigation under a strict reservation of rights. In generaL terms, the lawsuit is predicated on several counts to incLude Count I, DecLaratory Judgment; Count II, denial of due process under the United States Constitution and Constitution of the State of Minnesota; Count III, taking of the plaintiff's rights and property pursuant to the Unite~ States Constitution and the Constitution of the State of Minnesota; Count IV, deniaL of equal protection of the loss pursuant to the United States Constitution and the Constitution of the State of Minnesota; - 2 - Count V, wiLLfuL indifference to the rights of the pLaintiffs and the rights of others to Low income housing seeking punitive damages; Count VI, vioLations of the 5th and 14th Amendments of the United States Constitution and Section 42, U.S.C. 1983. This Lawsuit seeks injunctive reLief, decLaratory judgment, compensatory damages, and punitive damages. We are taking on the handLing of this fiLe under your poLicy number MP9695801R, effective January 1, 1981 thru 1984 underwritten by the NationaL Union Fire Insurance Company, poLicy number MP822596R effective January 1, 1984 thru 1986 and underwritten by the League of Minnesota Cities Insurance Trust (LMCIT), and poLicy number MP823220R effective January 1, 1986 thru 1987 aLso underwritten by the LMCIT. ALL three poLicies provide comprehensive generaL LiabiLity coverage and aLso incLude the PubLic OfficiaLs PersonaL Liabi Lity Endorsement. The Comprehensive GeneraL LiabiLity form states in part that the LMCIT wiLL pay on behaLf of the insured aLL sums which the insured shaLL become LegaLLy obLigated to pay as damages because of (a) bodiLy injury or (b) property damage to which this insurance appLies, caused by an occurrence. Occurrence means an accident, incLuding continuous or repeated exposure to conditions, which resuLts in bodiLy injury or property damage, neither expected nor intended from the standpoint of the insured. BodiLy injury means bodiLy injury, sickness or disease, sustained by any person which occurs during the poLicy period, incLuding death at any time resuLting therefrom. Property damage means (1) physicaL injury to or destruction of tangibLe property which occurs during the poLciy period, incLuding the Loss of use thereof at any time resuLting therefrom, or (2) Loss of use of tangibLe property which has not been physicaLLy injured or destroyed provided such Loss of use is caused by an occurrence during the poLicy period. AccordingLy, to the extent that the damages or events cLaimed do not meet the definitions of bodiLy injury, property damage, or occurrence, coverage wouLd not appLy. The POPL form states that the LMCIT agrees to pay aLL Loss as a resuLt of any wrongfuL act for which the pubLic entity shaLL become LegaLLy obLigated to pay as damages. SpecificaLLy, I wouLd refer you to Section III of the POPL endorsement which states that this coverage does not appLy to any cLaim or cLaims arising from or attributabLe to or based upon any act(s) or aLLeged to have been committed prior to January 1, 1981. AccordingLy, shouLd pLaintiff prove that wrongfuL acts occurred prior to January 1, 1981 and are awarded damages with respect to those wrongfuL acts, coverage wouLd not appLy. - 3 - Also, under the POPL endorsement, I would refer you to Section VII, Exclusions, which states in part that the LMCIT shall not be liable to make any payment in connection with any claim made against the insured; (a) based upon or attributable to their gaining, in fact, any profit or advantage to which they are not legally entitled, including renumerationpaid in violation of law as determined by the courts; (d) for any damages arising out of bodily injury, personal injury, sickness, mental anguish, disease or death of any person or for damage to destruction of any tangible property including loss of use thereof; (j) for any damages arising from inverse condemnation, adverse possession or dedication by adverse use. Accordingly, to the extent that the damages or events claimed are excLuded, coverage wouLd not appLy. There may be other coverage questions that arise as further investigation into this matter develops and we reserve the right of the LMCIT to raise such further exclusions or coverage defenses as may be applicabLe. Further, in the event that our investigation into this matter indicates that our coverage is not applicabLe to the subject claim, we reserve the right to discLaim coverage and upon reasonable notice to you, withdraw from the further handLing of this Lawsuit. I wouLd ask that you advise your city employees and counsel members to refrain from discussing the subject matter of this litigation with anyone other than representatives of GAB or the law firm which we have chosen to defend this action on your behalf. By definition of bodily injury, property damage and personal injury, as welL as loss, punitive damages are not covered. Accordingly, to the extent that punitive damages are awarded, coverage would not apply. Attorney George Hoff has been assigned this case and will defend the case on all counts with respect to your city. In the event that there claims presented in this lawsuit that are covered, you may, if you so desire, have your city attorney continue to associate in the handling of this matter, at your own expense. Should additional papers be served upon you in conjunction with this lawsuit, please forward those to us immediately. - 4 - In addition to this correspondence, I attach for your review the previous letter of reservatim of rights issued and dated on April 21, 1986. Once again, the LMCIT reserves its rights to disclaim coverage and withdraw from the further handling of this litigation. Sincerely, ~ ff_d~< Doug GrorJ'V'V'- Branch Casualty Supervisor DG/dmb Encl. cc: Attorney William G. Hawkins Andover City Attorney Suite 101 - 299 Coon Rapids Blvd. Coon Rapids, MN. 55433 cc: Attorney George Hoff 250 Suburban National Bank Bldg. 300 Prairie Center Drive Eden Prairie, MN. 55344-5381. t .Z.:.'; ,1 .- ( it GW City of Andover 1685 Crosstown Boulevard NW Andover. Minnesota 55303 Attn: Mr. Larry Johnson City Clerk Mr. Michael Knight 4622 175th Lane NW Andover. Minnesota 55304 ~~: i'lf<'!' ........ Mr. Ken Orttel 2328 134th Avenue NW Andover. Minnesota 55304 Gentlemen: GAB FtLE NO.: 56542-01405 INSURANCE TRUST MEMBER: CITY OF ANDOVER CLAIMANTS: BRUCE B. HAY. ET AL GAB Business Servo. inc 380 Lafayette Freeway Road, Suite 118 PO BOll 70007 SI. Paul, Minnesota 55107 Telephone 612-292-1234 Branch Office Apri l 21. 1986 Mr. Gerald Windschitl 2312 South Coon Creek Drive Andover. Minnesota 55304 Mr. James Elling 13829 Northwood Drive Andover. Minnesota 55304 Mr. Ted Lachinski 13345 Jonquil Street NW Andover. Minnesota 55304 This letter will formally acknowledge receipt of the Summons and Complaint which has been filed in Anoka County District Court entitled Bruce B. Hay. Bernell Hay. Steven Johnson. Linda Johnson. Lesley Barnes. John o. Barnes. and Round Lake Development Corpora- tion. Plaintiffs versus City of Andover. Jerry Windschitl as Mayor of Andover and its counsel members. Ji. Elling. Michael Knight. Ted Lachinski. and Ken Ortell. Defendants. ~. Please be advised that we have referred this law suit to the law fir. of Hoff and Allen. 250 Suburban National Bank Building. 300 Prairie Center Drive. Eden Prairie. Minnesota 55344-5381 with instructions to file an appearance on behalf of each of you and to take the steps necessary to protect each of your immediate interests. In general terms. this law suit is predicated on several counts to include count one.declaratory Judgment; count two. denial of due process under the United States Constitution and the Constitution of the State of Minnesota; count three. taking of plaintiffs. rights and property pur.suant to the United States Constitution and the Constitution of the State of Minnesota; count four. denial of equal protection of the laws pursuant to the United States Constitu- tion and the Constitution of the State of Minnesota; count five. willful indifference to the rights of plaintiffs and the rights f others to low income hOUSing seeking punitive damages; count six. violations of the 5th and 14th amendments of the United States Constitution and 42U.S.C.1983. ( I ~ . - 2 - The law suit seeks injunctive relief. decla~atory Judgment. compensatory damages. and punitive damages. I have reviewed your City's coverage through the league of Minnesota Cities program which includes policy number MP9695801R effective January 1. 1981 thru January 1. 1984 underwritten by the National Union Fire Insurance Company. policy number MP822596R effective January 1. 1984 thru January 1. 1986 underwritten by the League of Minnesota Cities Insurance Trust.and policy number MP823220R effective January 1. 1986 thru January 1. 1987 under- written by the league of Minnesota Cities Insurance Trust. All three policies provide comprehensive General liability coverage and also include the Public Officials Personal liability endorse- ment. Because the Summons and Complaint was our first notice of this claim. the LMCIT will be providing a defense for each of you under a full reservation of all of our rights under our policy contract with you. The comprehensive General liability form states that the lMCIT agrees to pay on &ehalf of the insured all sums which the insured shall become legally obligated to pay as damages because of <a) bodily injury or (b) property damage caused by an occurrence. Occurrence means an accident including continuouS or repeated exposure to conditions. which results in bodily inJury or property damage neither expected nor intended from the standpoint of the insured. Bodily injury means bodily injury. sickness or disease sustained by any person which occurs during the policy period. including death at any time resulting therefrom. Property damage means (1) physical injury to or destruction of tangible property which occurs during the policy period. including the loss of use thereof at any time resulting therefrom. or (2) loss of use of tangible property which has not been physicallY injured or destroyed provided such loss of use is caused by an occurrence during the policy period. Accordingly. to the extent that the damages or events claimed do not meet the definitions of bodily injury. property damage. or occurrence. coverage would not apply. The Public Officials Personal liability form states that the lMCIT agrees to pay all losS as a result of any wrongful act for which the public entity shall become legally obligated to pay as damages. - 3 - specificallY I would refer you to section 3 of the POPl endorsement which states that this coverage does not apply to any claim or claims arising from or attributable to or based upon any act(S) committed or alleged to have been committed prior to January 1. 1981. Accordingly. should plaintiff prove that wrongful acts occurred prior to January 1. 1981 and are awarded damages with respect to those wrongful acts. coverage would not apply. Also. under the POPl endorsement I would refer you to Section 7 exclusions which states in part that the lMCIT shall not be liable to make any payment in connection with any claim made against the insured; (a) based upon or attributable to their gaining in fact any profit or advantage to which they were not legally entitled. including remuneration paid in violation of law as determined by the courts; (d) for any damages arising from bodily injury. personal injury. sickness. mental anguish. disease or death of any person or for damage to or destruction of any tangible property including loss of use thereof; (J) for any damages arising from inverse condemnation, adverse possession or dedication by adverse use. Accordtngly, to the extent that tfte damages or events claimed are excluded, coverage would not apply. There may be other questions of coverage which arise as furfher investigation tnto this matter develops and we reserve the right to raise exclusi~ns or coverage defenses as may applicable. Further. in the event our further investigation into this matter indicates that our coverage is not applicable to the subject claim, we reserve the right to disclaim coverage and withdraw from the further handling of this law suit upon reasonable notice to you. Investigation of this claim will be conducted by Stephanie Steel of this office at. the direction of Counselor Hoff. I would urge you to cooperate with Ms. Steel in that regard especially since the Summons and Complaint was our first notice of this claim.. I would also ask you to advise your employees to refrain from discussing the subject matter of this litigation with anyone other than representatives of GAB or the law firm which we have chosen to defend this action on behalf of each of you. By definition of bodily injury. property damage. and personal injury. punitive damages are not covered. Accordingly. to the extent that punitive damages are awarded. coverage would not apply. Mr. Hoff has been assigned this case and will defend the case on all counts wIth respect to each of you. . ) 1 - 4 .... In that there are claims presented in this law suit that are not covered. eac~ of you. if you so desire. may retain your own counsel. at your own expense to associate in the further handling of this case. Should additional papers be served upon you in conjunction with this law suit. please advise us immediately and forward those items to us. Should you have any question concerning this matter. please feel free to contact us. Sincerely. Jl. /JA I.' I . I L~.J(y\A_.~lL~ Robert A. Weisbrod Casualty Supervisor RAW/dmb cc: Stephanie Steel GAB St. Paul. MN. cc: Mr. William G. Hawkins Andover City Attorney suite 101 Ui Coon Rapids Blvd. Coon Rapids. MN. 55433 cc: Mr. George Hoff Attorney at Lalli Blind cc: Le. Johnson/CMSI Blind cc: Ellen LOngfellow/LMCIT Q' CITY of ANDOVER REGULAR CITY COUNCIL MEETING - DECEMBER 15, 1987 - AGENDA 7:30 P.M. 1. Call to order o 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. C. Weaver/Fiscal Disparity b. ABC Mini-Storage Special Use Permit c. Rename Ward Lake Drive d. EAW/Crosstown Boulevard 5. Staff, Committee, Commission a. LicenseRenewa1s b. Refund Escrow/Shir1ey's Estates c. Solid Waste Abatement d. CORONA e. Erroneous Deeds f. Fire Station Bond Issue g. Ordinance 19 Amendment/Escrow Ordinance h. Hire Janitor i. D. Jacobson/Cable TV j. Grading and Filling Permit 6. Non-Discussion Items a. $205,000 Tax Increment Bond Sale b. 87-11/Storm Drainage supp1ement.~~ c. Kensington Estates Preliminary Plat Extension d. Request for Traffic Study/CR 20 East/Round Lake Blvd. 1? ~li:a.31_.. H;'lla;JI/A'-\,,;c~L. E~Cl:;lbl11T-Y .t<.eport ~ele.-fe- f. Change Order/Creekside Estates 7. Approval of Minutes 8. Approval of Claims 9. Adjournment o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 15, 1987 ITEM NO. C. weaver/Fiscal Disparity 4a BY: James E. Schrantz FOR AGENDA SECTION NO. ORIGINATING DEPARTMENT Engineering Discussion Item Charles Weaver will be at the meeting tQ discuss fisca Hennepin County is becoming a large contributer and is trying to have the law changed. MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 15. 1987 AGENDA SECTION NO. Discussion ORIGINATING DEPARTMENT Planning and zoning ITEM ABC Mini-Storage Special NO. Use Permit 4. b. BY: Vicki Volk The City Council is requested to deny the request of ABC Mini-Storage for a Special Use Permit to conduct exterior storage on their property at 13624 Hanson Boulevard N.W. The Planning Commission recommended approval of the permit on the condition that ABC Mini-Storage provide to the city a screening plan that was to be approved by the Andover Review Committee. The screening plan has not been provided; therefore, it is the intent of the Planning Commission to deny the request. V:Attachments COUNCIL ACTION MOTION BY TO SECOND BY ~\ ~111 U1 nl'''JVV~u r 1685 CROSSTOWN BLVD, N,W, ANDOVER. MINNESOTA 55304 o REQUEST FOR SPECIAL USE PERMIT Address /.:30::??r1 /jJ!J (! 47;,-) j -- J bn 1;1 6 /)U) l-!t'-/lJrTJ fi/ud, Name of Applicant Home Phone # Business Phone# 75.::5;> J-tc!6- ,.9()~ ~ /3 -7 Date of Application Legal description of property involved: (Fill in whichever is appropriate) Plat ;Jr:uf; 01- Lot 15 Block Parcel PIN .3-1<3d-c:>?-1-?//- 0011 tbi;Ll;ti fOw do] /Jl!/t.-J / Addition If metes and bounds, please attach (Su.- cd;ta<!/lLd d;~ tuLJ /03) Reason for Request: the complete legal. .ulu----/&'Y' JLtJYC~6 .. (~8/ di~.. ? 0.3- 6..Z "-})tJtr/6c ) The following information must be provided: J[;Names and address of all property owners within 350 feet of the subject property. jODrawing of parcel showing dimensions, roads, ditches, water- courses, present and proposed buildings. Application Fee: $150.00 Date Paid 8v-{-tJ7 Receipt # Od-1r.d;.q Filing Fee: $ 10.00 Date Paid /ltJ,{:-t!J7 Receipt # O(?1-;1l9d~ L:;~~~) eFa~ l.gnatu e 0 plicant '-..-L- o o o 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., or as soon thereafter as can be heard, on Tuesday, August 25, 1987 at the Andover City Hall, 1685 Crosstown Boulevard at which time they will consider the request of ABC Mini-Storage for a Special Use Permit to allow for exterior storage on the property located at 13624 Hanson Boulevard N.W. (part of Lot 15, Block 1, Watt's Garden Acres). All persons desiring to be heard will be given the opportunity at the above time and location. U-~J I~ Victoria Volk - City Clerk ABC Mini-Storage Special Use Permit o Edward Prater 1786 Bunker Lake Boulevard N.W. Andover, MN 55304 John Imre 15844 Sycamore Street N.W. Andover, MN 55304 Louis pankonin Route 1, Box 104E Brook Park, MN 55007 Kottke's Bus Service 13625 Jay Street N.W. Andover, MN 55304 County of Anoka 325 East Main Anoka, MN 55304 o f Q \ 1 i I I ,vI ---0:-. --- w. . j // /' >:" .t o i,::: ~'" ,of.: 'i\J",. , . .. ~, , 4 o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R A RESOLUTION DENYING THE REQUEST OF ABC MINI-STORAGE FOR A SPECIAL USE PERMIT TO CONDUCT EXTERIOR STORAGE ON PROPERTY LOCATED AT 13624 HANSON BOULEVARD N.W. WHEREAS, pursuant to published and mailed notice, the Planning and Zoning Commission has held a public hearing and reviewed the request of ABC Mini-Storage for a Special Use Permit: and WHEREAS. as a result of such review. the Planning Commission has recommended approval of the request with the condition that ABC Mini-Storage provide to the Andover Review Committee a screening plan for approval: and WHEREAS. the City Council is in agreement with the recommendation of the Planning and zoning Commission: and WHEREAS. ABC Mini-Storage has not provided a screening plan for approval. NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to deny the request of ABC Mini-Storage for a Special Use Permit to conduct exterior storage. Adopted by the City Council of the city of Andover this day of . 19 CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor Victoria Volk - city Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT December 15, 1987 APPROVED FOR AGE ITEM NO. Rename Ward Lake Drive BY: James E. Schrantz BY: Discussion Item 4c Engineering The City Council is requested to adopt ordinance renaming Ward Lake Dri e from 177th Avenue to 181st Avenue. The new name of the street will be Hanson Boulevard. NOTE: We have mailed letters out. (Letter attached) COUNCIL ACTION MOTION BY TO SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 83 AN ORDINANCE CHANGING STREET NAME OF WARD LAKE DRIVE TO HANSON BOULEVARD BETWEEN 177TH AVENUE AND 181ST AVENUE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: SECTION 1. The street now shown as Ward Lake Drive from 177th Avenue to 181st Avenue in Sections 02, Township 32, Range 24 and Section 03, Township 32, Range 24, City of Andover, is hereby renamed Hanson Boulevard. SECTION 2. All ordinances or parts of ordinances of the City of Andover in conflict with this provision are hereby repealed. Adopted by the City Council of the City of Andover this day of ,19_ CITY OF ANDOVER ATTEST: . Jerry Windschitl - Mayor Victoria Volk - City Clerk o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 December 4, 1987 RE: Hanson BoulevardjWard Lake Drive Dear Homeowner, Now that the new County Road 78 is nearly completed it appears that the appropriate name for the street in the front of your house would be Hanson Boulevard instead of Ward Lake Drive. This proposed change would make it easier for Police and Fire Personnel to identify your house. If you wish we could consider changing your house numbers a few numbers either way, but on the east side of the street they must stay odd numbers and the west side even numbers. Example: 17725 could be changed to 17727 or 17723 The City Council will discuss this at the December 15, 1987 meeting. If you have any questions please call. sincerely, mes E. Schrantz City Administrator JES/pr o Janiel & Janet Skwarek 18017 Ward Lake Drive NW 1\ndover, MN 55304 02 32 24 22 0003 L~ & Barbara O'Brien 17947 Ward Lake Drive Andover, MN 55304 02 32 24 22 0004 Michael & Olivia Bradley 17745 Ward Lake Drive Andover, MN 55304 02 32 24 22 0005 02 32 24 23 0002 Gary & Laura Arp 17845 Ward Lake Drive Andover, MN 55304 02 32 24 23 0008 Walter & Phylis Arntzen 17817 Ward Lake Drive NW Andover, Mn 55304 02 32 24 23 0007 Sylvia M. Britton 17725 Ward Lake Drive N.W. Andover, MN 55304 02 32 24 23 0009 Kenneth & Irene Orr 17802 Ward LAke Drive NW Andover, MN 55304 8~ H ~1. U 888~ o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION Discussion DATE December 15, 1987 ORIGINATING DEPARTMENT Engineering ITEM NO. EAW/ Crosstown Boulevard 4d -<1"~ AGENDA SECTION NO. BY: Todd Haas I The City Council is requested to approve the resolution and the need for an Environmental Impact statement. The Council considering the process can make a negative declaration that an Environmental Impact Statement is not necessary. MOTION BY TO COUNCIL ACTION SECOND BY o ~ ......-.',..,.. - ~.,.-1 "--h:~ I""'~m~t ~_',.~;ili1~'V!'i""."" "q-~;';''''''i'~~ /4-vvo ....nISl'!~~-l'.~'~~,:<-.'~._.. ~..~..w"" '. ,,'" ":>':{i'~;'" ". ..' "_" .,.:z;....-..,'.. .d,.p" .' . ." ,~""'" . '. - _.; "';' ):.J"'" .'- - Minnesota Pollution Control Agency R~D November 17, 1987 Mr. Jim Schrantz city Administrator 1685 Crosstown Boulevard Northwest Andover, Minnesota 55304 CITY OF ANDOVER Dear Mr. Schrantz: Re: Crosstown Boulevard Realignment The staff of the Minnesota pollution Control Agency (MPCA) has reviewed the environmental assessment worksheet (EAW) on the above referenced project. In the areas for which the MPCA has responsibility, we find no potential for significant environmental effects. Therefore, we do not recommend that you prepare an environmental impact statement. However, we do offer the following comments. In our June 16, 1987, comment letter on the Hills of Bunker Lake EAW we noted that the Environmental Quality Board (EQB) rules had been recodified. The correct citation of the rules is Minnesota Rules Part 4410.4300 Subpart 22.A. and 27.A. A copy of the 1986 EQB rules can be obtained from the Minnesota Document Division at 297-3000. It is important to note that the project is not in compliance with the EQB rules governing environmental review. Construction has begun and continues on the portion of the realignment between Bunker Lake Boulevard and the Coon Rapids border. Minnesota Rules Part 4410.3100 Subparts 1 and 3 prohibit both the granting of government approvals for projects requiring an EAW and the construction of any such project, until environmental review is complete. Should you have any questions regarding this comment letter, contact Daniel Berg at 296-7795. ~;~ ~~ T~~AnderSon Director Office of Planning and Review o CTA:mfl Phone: 520 Lafayette Road North, St. Paul, Minnesota 55155 Regional Offices. Duluth/BrainerdlDetroit Lakes/Marshall/Rochester Equal Opportunity Employer o o u Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul. Minnesota 55101 October 21, 1987 . 1{1~~!l~~U CITY OF ANDOVER Jim Schrantz City Administrator 1685 Crosstown Boulevard NW Andover, MN 55304 RE: EAW Crosstown Boulevard Realignment Metropolitan Council District 9 Dear Mr. Schrantz: Council staff has conducted a preliminary review of this environmental assessment worksheet to determine its adequacy and accuracy in addressing regional concerns. The staff review has concluded that the EAW is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. An EIS is not necessary for regional purposes. This will conclude the Council's review of the EAW. No formal action on the EAW will be taken by the Council. If you have any questions or need further information, please contact Pat Pahl, Council staff at 291-6392. Sincerely, ~ ~. Roger Israel, Director cc: Jo Nunn, Metropolitan Council District 9 John Rutford, Metropolitan Council Staff An Equal Opportunity Employer ! -0 \., \> ~;..EO srJj~ .;s OS' ift=u "" ~ z _~w ~ ~ "1- "l 7'-i(. PR01t." o 6 NOV 1987 UNITED STATES ENVIRONMENTAL PROTECTION AGENC REGION 5 230 SOUTH DEARBORN,ST. CHICAGO, ILLINOIS 60604 : .~ (":':--(-i.' ~.' :':'~~ k"'-~--:-.-' j t;! -,~ - r-' ji' fj...O {j~ ''j::: '{,oi l~~'~ :" [. . I ar'~~-~9-;;;;1'. ~. ...'-.....-.;-,":"_-n--_._...--. REPLY TO THB A TfBNTION OF: 5r.1E-14 Mr. Jim Schrantz, Administrator City of Andover 1685 Crosstown Blvd. Andover, MN 55304 Dear Mr. Schrantz: ("..-, Il'= 'H)O\!I:R -------,---.." ,__L__ We have revi ewed the Envi ronmental Assessment Worksheet for the proposed Crosstown Boulevard Realignment (EAW). The project involves realignment of CSAH 18 (Crosstown Boulevard) within the City of Andover from 139th Avenue NW and Crosstown Boulevard to Verdin St. NW at the Coon Rapids Border. Since the proposal is not part of a Federal action, our Agency's involvement is limited to commenting upon the application for the Section 404 pennit required under the Clean Water Act and to discussing our concerns relative to the nearby South Andover Superfund Si te. Although the Corps of Engineers, or possibly in this case, the Minnesota Department of Natural Resources, is responsible for issuing the Section 404 pennit, our Agency reviews applications for individual permits. The comments provided in this letter are indicative of our likely response to a request for the permit, based on the 404 (b) (1) Guidelines. From an environmental standpoint, Alternate B1 appears to be preferable to the selected Alternate A. It would involve less wetland impact and would not result in any disturbance to Department of Natural Resources-protected wetland 2-615W, and could allow the creation of open space in the floodplain between the road and Coon Creek. While this alternate may be less desirable from an economic standpoint, theEAW did not clearly demonstrate that it is not practi- cable, as defined by the 404 (b)(l) Guidelines. The Guidelines pro- hibit the discharge of fill material into wetlands if there is a practicable alternative that is less damaging. In the case of filling wetlands for non-water-dependent purposes, such as higbways, the burden of proof is on the applicant to demonstrate that practicable alternatives do not exist. In the absence of such proof, we would recommend that, at this stage, Alternate B1 remain in consideration. If it is determined that an individual Section 404 pennit is required, we will comment further on the need to select the 1 east damagi ng practi cab 1 e a lternat i ve. We suggest that the appl i cant review the requirements concerning alternatives found in the 404 (b) (1) Guidelines in 40 CFR 230.10(a). '\.. ~ '.r f \ i i 0; o \....../ I I ',..J -2- . . f~ . oIf~ ,^ If Alternate A complies with Section 230.10{a), the adverse impacts will still have to be mitigated. Mitigation involves. the replacement of wet- land functions that will be lost or impaired as a result of the proposed activity. It is essential that, to the extent possible, replacement should be in kind on an acre-for-acre basis. That is, an acre of palustrine emergent wetland should be replaced with an acre of palustrine emergent wetland, and not with open water. The proposed retention basins should not be considered as wetlands mitigation. Contaminants, such as oil, greases, and road salts, will result in marginal water quality in these areas. Furthermore, the proposed sizing of the box culvert will be inadequate for wil dl ife movement under the hi ghway. The span shoul d be at 1 east 30 feet wi de. We also have concerns about the adequacy of the storm sewer runoff collection and treatment system. Runoff from vehicular traffic may also have adverse impacts upon the remaining wetland. The project, ~s proposed, would discharge stormwater runoff directly into the wetland during "large" storm events. We would oppose any water collection system that would result in adverse impacts to water quality in the wetl and. Rega rdi ng the South Andover Superfund Site, ou r Agency shoul d be advised of any dewatering activities as part of the highway project in the area. This information is needed so that we can keep abreast of characteristics of groundwater flow in the vicinity. This data is necessary to formulate a remedial action plan for this Superfund Site. We thank you for this opportunity to provide comments on this project. If you have any questions, pl ease contact Ms. Jerri Horst at (312) 886-4244. Sincerely yours, ;k~/k.l1~ ~William D. Franz, Chief ,- Envi ronmenta 1 Revi ew Branch Planning and Management Division 1l11'^1!l M[N: :r 'rl~ '\il S POI,'i' Nr 1 n~l Environm0nt~l S0rvi~~s SGction STATE OF MINNESOTA Office Iv1emorandum o DA1f J)2~('mh(>r 3, lQn,7 10 John Petrich Office of Stat~ Aid FROM Cheryl Heide (21~~,~~~ Environmental Coorni~ato~ ;llif);..Jf 296-1652 ';'.I;L~. .j Crosstown Boulevard Realignment (C.S.A.H. 18) Environmental Assessment Worksheet (EAW). District 5 (Andover, Anoka Co.) The Environmental Services section has completed a reveiw of the above-referenced EAW, and offers the following comments. We ~o not believe that the Department of Natural Resources (DNR) and the United States Fish and Wildlife Service (USFWS) will be in support of this project, because the highway is r.outed through a D~R protected wetland. The proposed nesting island mentioned in p~ges 6, II, and 13 is not needed and will not be approved by USFNS. Moreover, 'DNR and 1JSFI'lS may require additional justification for Alternative A as the only feasible alternative. ~ttachment 9 of the EAN shows that a realignment of Alternative A at the north end between Crosstown Boulevard and l39th Street Northwest would result in a dangerous intersection. Wewould suggest that the highway be realigned to form more of a "T" intersection rather than a "K" as indicated in Attachment 9. If additional information is required regarding these comments, please contact Scott Carlstrom and/or Sarma Jatnieks-Straumanis of Environmental Services section, phone number for Scott is 296-1640, and Sarma 296-1646. cc: W. Crawford/C. Hoffstedt, 0-5 L. Foote C. Heide S. Carlstrom/So Jatnieks-Straumanis I. Eyoh ESS File o o ~ STATE OF If<[] If<[] [g ~ @ 'IT ~ ' DEPARTMENT OF NATURAL RESOURCES BOX .500 LAFAYETTE ROAD · ST, PAUL, MINNESOTA · 55155-40 DNR INFORMATION (612) 296-6151 o December 8, 1987 ~.~; E,',:', (";; f:;" ~~ '-Hi ,'",",,:"--' [ '".'" II!!, !{: , I 0~z~t;>;;;;lU -,....,....,.... CITY OF ANDOVER Mr. Jim Schrantz City Administrator City of Andover 1685 Cros.town Boulevard NW Andover, MN 55304 RE: Crosstown Blvd. (C.S.A.H. 18) Realignment - EAW Dear Mr. Schrantz: The Department of Natural Resources has reviewed the above-referenced document, and we offer the following comments for your consideration. Our main concerns are the impacts of the realignment on the wetland and the fact that these impacts were avoidable. The department's objections to routing the road through the wetland were known to the city before it allowed development that now makes crossing the wetland the only viable alternative. Furthermore, we do not find the mitigation proposed for the impacts on the wetland to be adequate. We expect, however, that this problem can be solved during the permitting process.' Items 23(a) and 23(b) state that because the existing road is adjacent to the wetland, disturbances from air pollution and noise will not be significantly greater after the realignment. We disagree. Although it may be true that the amounts of air pollution and noise will not be significantly greater, we believe that their impact on the wetland will increase because the road will run through the middle of the wetland. Item 23 also fails to mention pollution from salt and lead. Finally, the traffic volume information in attachments 7 and 8 appears to be incomplete. There is no indication of what the traffic volumes are and how this project will affect the volumes. This information would allow us to more thoroughly analyze the potential impacts of traffic on wildlife. AN EQUAL OPPORTUNITY EMPLOYER o o From our perspective, an environmental impact statement is not necessary for this project. Thank you for the opportunity to review it. If you have any questions about our comments, please contact Don Buckhout of my staff at 296-8212. Sincerely, ~~..,.-- v~k".7 Thomas W. Balcom, Supervisor N.R. Planning and Review Section 11880063-1 c: Kathleen Wallace Dave Johnson Laurel Reeves John Stein Gregg Downing-EQB Robert Welford-USFWS mary kl/MISC5 EAw MINNESOTA HISTORICAL SOCIETY FOUNDED IN 1849 Fort Snelling History Center, St. Paul, MN 55111 · (612) 726.1171 Mr. Jim Schrantz City Administrator 1685 Crosstown Boulevard NW Andover, Minnesota 55304 ~-~--~_..._-- - - 'f" in ('l ~";; t' "~[j t"~ U""" 11' ;\ '~, \" ;''':i ,;1,.' _ ~ <z! '.;:'; ..2-:-1 J. U =- i~~~;;~ ':Tr.--...n<".":''''''~''''''''''' ,.J> f/IiliJ.,' ',"','" ;c'' ~ . .' . ~,"", ",,, "W~.,~i~- . .'. December 9, 1987 ~ ~~..- CITY OF t'.f\!DOVER Dear Mr. Schrantz: Re: CSAH 18 Crosstown Boulevard - construct from l39th Avenue to Bunker Lake Road in Andover, Anoka County MHS Referral File Number: 88-0084 (cross reference CC-669) Thank you for the opportunity to review and comment on the above project. It has been reviewed pursuant to responsibilities given the State Historic Preservation Officer by the National Historic Preservation Act of 1966 and the Procedures of the National Advisory Council of Historic Preservation (36CFR800). This review reveals the location of no known sites of historic, architectural, cultural, archaeological, or engineering significance within the area of the proposed project. There are no sites in the project area which are on the National Register or eligible for inclusion on the National Register, and therefore, none which may be affected by your proposal. Again, thank you for your participation in this important effort to preserve Minnesota's heritage. Sincerely, ~ yA:? ~, Dennis A. Gimmestad Deputy State Historic Preservation Officer DAG:dmb cc: Scott Anfinson, County-Municipal Highway Archaeologist Fort Snelling History Center, st. Paul, Minnesota 55111 John Rodeberg, TKDA 2500 American National Bank Building, st. Paul, MN 55101 o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R A RESOLUTION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR CROSS- TOWN BOULEVARD RELOCATION. WHEREAS, an E.A.W. was published for review per Minnesota rules; and WHEREAS, the 3D-day comment period has expired; and WHEREAS, the City received comments as follows: 1. Minnesota Pollution Control Agency - "In the areas for which the MPCA has responsibility, we find no potential for significant environmental effects. Therefore, we do not recommend that you prepare an environmental impact statement." 2. Metropolitan Council - "The staff review has concluded that the E.A.W. is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. An E.I.S. is not necessary for regional purposes." 3. United States Environmental Portection Agency - "In the case of filling wetlands for non-water-dependent purposes, such as highways, the burden of proof is on .the applicant to demonstrate that practicable alter- natives do not exist. In the absence of such proof, we would recommend that, at this stage, Alternate Bl remain in consideration." 4. Minnesota Department of Transportation - "We do not believe that the Department of Natural Resources (DNR) and the United States Fish and Wildlife Services (USFWS) will be in support of this porject, because the highway is routed through a DNR protected wetland. The proposed nesting island mentioned in pages 6, 11 and 13 is not needed and will not be approved by USFWS. Moreover, DNR and USFWS may require additional justifi- cation for Alternative A as the only feasible alternative." 5. Minnesota Department of Natural Resources - "From our perspective, an environmental impact statement is not necessary for this project." 6. Minnesota Historical Society - "This review reveals the location of no known sites of historic, architectural, cultural, archaeological, or engineering significance within the area of the proposed project. There are no sites in the project area which are on the National Register or eligible for inclusion on the National Register, and therefore, none which may be affected by your proposal." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that after consideration of the comments from the responding agencies and by its determination considering the requirements in Minnesota rules, Part 4410.1700 decision on need for an E.I.S. Make a negative declaration that an E.I.S. is not necessary. o BE IT FURTHER ~ESOLVED that a notice be sent to all persons on ~he EAW distribution list, all persons who commented and to anyone who made a request. Adopted by the City Council of the City of Andover this , 19 CITY OF ANDOVER ATTEST: day of Jerry Windschitl - Mayor Victoria Volk - City Clerk o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 15, 1987 AGENDA SECTION NO. Staff, Committee ORIGINATING DEPARTMENT Administration OR ITEM License Renewals NO. 5.a. BY: Vicki Volk BY: / The City Council is requested to approve the following licenses for 1988: Off-Sale Intoxicating Liquor JJ's Liquors G-Will Liquors Cigarette Licenses Merwin Drug Speedy Market SuperAmerica Bill's Superette Downtown Deli G-Will Liquors Tom Thumb Festival Foods JJ's Liquors Off-Sale Non-Intoxicating Liquor Bill's Superette SuperAmerica Tom Thumb Speedy Market Merwin Drug All of the above have paid the appropriate fees and have submitted the required bonds and insurance certificates. Junkyard Licenses Anoka Auto Wrecking and Wilber Auto Parts have sent in their renewals, along with insurance certificates and bonds. The Building Official has inspected the yards and finds them in compliance: the Fire Marshal will be inspecting them today (12/11) and his report will be provided at the meeting. COUNCIL ACTION MOTION BY TO SECOND BY o DATE December IS, 1987 FOR CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPARTMENT NO. Staff, Committee Administration ITEM Refund Escrow/Shirley's NO. Estates 5.b. BY: Vicki Volk The City Council is requested to refund the escrow paid by Rosella Sonsteby for Shirley's Estates. The amount Mrs. Sonsteby paid was $1,740.00 and together with interest, the refund will be $2,246.47. (See attached worksheet). The assessments have been paid on the entire plat. V:Attach. COUNCIL ACTION MOTION BY TO SECOND BY BY: ./lUILDING j";'OMMIITEE c:> Meeting; Thursday, 03 Dec., 1987 Location; Maple Grove Fire Dept Att~nding; Bob Palmer Bob Di 11 on Roger Noyes Dave Reitan Bruce Mann Jack Richardson The above Commi t.tee members drove to Maple Grove, and met with Dennis Bjorklund of MGFD. Dennis Bjorklund gave us tour of their new stations,and briefly discussed some aspects of their buildings. Had "sit-down" discussion of t.heir Bond, including how it was prepared, presented to voters, and "packaged" for their City Council. COpy of Maple Grove "Feasibilty StudY" was given to us for our review, and study. This COpy currently circulating thru our Committee. Dennis Bjorklund recommended t.he .following for our Bond; 1. "Separate" Bond issue. A. No trailers attatched to Bond (City garage, new park, etc) 2. Start drive for recruiting new volunteers to man new sta- tions EARLY. 3. Use following technics for "selling" Bond to public A. Shopping Center displays B. Public meetings C. Open House at Station (incldng Slide presentation) D. Distribute "Door Hangers" day before Bond election E. Lawn signs NOTE: Any monies used to promote Bond issue MUST be from private donations, Relief Funds, etc Was decided by our Committe to have Chuck Lindstrom of MGFD to come to Andover Station and give Slide Presentation to either our Building Committee, or our full depart.ment membership. o o o il II~~ ~/5/ - /~/47 ~.'n.W, a4~ ~''tI 55??0.y' ~(~ ~.) #,f/.y?2:> .~ ~ /, 7~o.o 0 ~.~ ~. /902;) - 9~o (- / 70 ) ""- J',o <:> ..5 ?7'-<J. 58;00 - /91'4. - 9f';Z (- / % ) - g',S?J /;? 7>A-O, /1"'7, '90 - 19~5. ==- 71';z ( - / '70 ) ::: ,~O / .J.n--o . //~/O i/9&'(, - 6.7:<, C - / '70 ) == S/5?7 /,?- n-o, '95;70 I "1 J' 7 - to r?.. (- / ~o ) - 5.S<J //~~, q'/.77 -f- ~4/ 50 (:,.7"7 4' . _ tX' ;< 4<'G, -77 ,- I !l: lil , o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 15, 1987 AGENDA SECTION S.c. ORIGINATING DEPARTMENT NO. Staff Committee Corrmission Planning ITEM NO. Solid Waste Abatement I The City Council is requested to discuss the implementation of a solid waste abatement program as required by Anoka County. I talked to John Luoma of Super Cycle and he gave us some rough estimates of the costs associated with recycling. The cost for once-a-month curbside pick-up service is $0.30 - $0.50/household and $0.50 - $0.70/household for twice-a-month service. Curbside pick-up would only be practical in the more dense, southern portion of the city. There are approximately 1,800 - 2,000 households in the Urban Service Area. Providing curbside pick-up to all of these households would cost the city $540 - $1,000 for once-a-month service and $1,000 - $1,400 for twice-a-month service. This translates to a cost of $6,500 - $16,800 per year for curbside service. Super Cycle also operates drop-off centers, which are more appropriate for the rural portion of the city. They estimate the cost to run each of these sites to be about $500 per month. We will need one or two of these drop-off centers to adequately serve the rural residents. This translates to a cost of $6,000 to $12,000 per year. Construction costs could add another $4,000 to $5,000 per drop-off site. Realistically, the cost of operating a solid waste abatement program would be between $20,000 - $30,000 per year, of which we will receive at least $6,020 from Anoka County. We do not have much choice in this matter. If we do not implement a solid waste abatement program on our own, the County will consider passing a mandatory ordinance requiring all cities to do so. We need to look more closely at our needs and our options so we can achieve the mandated recycling goals set for the city by Anoka County at the lowest cost. COUNCIL ACTION MOTION BY TO SECOND BY o o 0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 17, 1987 Solid Waste Abatement BY: .~ :~~9E~" ./ AGENDA SECTION NO. ORIGINATING DEPARTMENT nis""''''''';'''''''' T-l-om . A t'l ITEM NO. Planning I The City Council is requested to discuss the implementation of a landfill abatement program. On October 28, 1987 we received a letter from Victoria A. Stransky, Solid Waste Abatement Specialist for Anoka County, , concerning landfill abatement activities. I met with Ms. Stransky on November 9, 1987 to discuss the matter further. She informed me that last month Anoka County passed the Anoka County Solid Waste Master Plan in order to achieve State mandated recycling/composting/waste reduction goals. It is required that all communities in Anoka County abate at least 20% of their solid waste (13% in recycling and solid waste reduction and 7% in yard waste composting) by 1992. . Multi-material dropoff facilities will be necessary County-wide with curbside programs in the urban areas. Andover has been pegged for a combination of dropoff and curbside programs. On October 20, 1987, the Anoka County Board approved an interim program for landfill abatement activities. The interim funding amount is $1.75 per household. Andover will receive $6,020 for the interim period, which runs through June 30, 1988, if we enter into a Joint Powers Agreement with Anoka County and submit a work plan by January 13, 1988. Monies not requested by cities by January 13, 1988 will be transferred to a pool of funds, which will be split amongst, those cities that did request funds. After June 30, 1988, funding will be based on performance - programs which would result in a significant degree of landfill abatement for the amount expended. The funding received from Anoka County is not expected to pay for the entire cost of our landfill abatement program. The City will need to help fund the program as well. The amount the City will need to pay can not be determined until we have more definite plans for the program. COUNCIL ACTION c MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION Staff, Committee, NO. Commission DATE ORIGINATING DEPARTMENT zoning Administrator 15 December 1987 Sd BYd'Arcy Bosell ~ ljJtvt FOR ITEM NO. I Over the past several months I have represented the city at the meetings of CORONA (Coalition of Rural Outlying Neighboring Areas) for the purpose of regaining jurisdictional powers given away by each municipality which lies in the seven county metro area and given to the Metropolitan Council. Our main focus has been the requirement that each city develop their city on a 1:10/4:40 density and the fact that it does not meet the needs of the cities nor the intent of their land use plans, etc . As a by-product of this group we have also identified some other concerns that the northern-most cities have in common and at some point in the future may be the focus of energy. At the time the CORONA group was established, each municipality was requested to send a representative and I was selected to be that representative. At that time no monies were to be requested from any municipality. The city of Ham Lake (under the guidance of its City Council) has utilized its daytime staff to do some of the secretarial duties that accompany a group such as this. More particularly, they have acted as the receivers and distributors of information, have called members to remind them of meetings, have contacted Legislators and invited them to attend an informal meeting to discuss our issues, etc. Ham Lake has now experienced a decrease in its staff with one of their personnel on maternity leave and as a result of this decrease, they do not have available someone to do these tasks. LuAnn Hanson, the former clerk of Oak Grove, has been contacted by two representatives of the group, Chairman Jim Rahn and Assistant Chairman Marilyn Schultz, to ascertain whether or not she would be willing to be hired in the capacity of secretary for the group. (This duty would not include the taking of meeting minutes, however.) She has agreed to do so with the expectation that she be reimbursed at the rate of $6-7.00 per hour. COUNCIL ACTION MOTION BY TO SECOND BY ,~. o o It is, therefore, requested that the City Council adopt a Resolution for the purpose of expending the amount of $35.00 for underwriting the secretarial expenses of CORONA. This amount is being requested from each municipality actively participating in the group and is expected to cover expenses for the next four (4) months. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO.Staff, Committee, Commission DATE ORIGINATING DEPARTMENT December 15, 1987 5e Engineering ..,1""1\ FOR ITEM NO. Erroneous Deeds BY: Todd J. Haas The City Council is requested to review the erroneous deeds. The Staff has done more research of the erroneous deeds. appears to show the current owners. The attached map The City Staff will be working with the Anoka County Staff to further research the erroneous deeds. Storm sewer is located along Arrowhead and not the property's in question. COUNCIL ACTION MOTION BY TO SECOND BY I L~~i ~'~ · !___ i ~.,." I o ~.~ ';/ '--, /'.... --~" I ~~ ~"&i ~ ,..,.....('~II '4 n.11 d' 7 I 3 " ,AD?'; i"" ~ I ) I ~ ,7"" ';l.12I'11 I 7~ :"";;;: : _ _ flf:t.D.,-". ~~';:. '" ... -- >,. H' -~ ;; i'---;~_. ~ , _ : . ~~ B : I ~ ~ ~' '71 \ I. CREFKRIO.. .-_..'.\ I .,' . .~ ' '. , . -",-& U L.L '. ~. 3 !:l"- H h- 'c, ~ f:~,.:!,r' ,ESTATES I :, '.;1 i"I<,q<..~-t+ J ~ r-L-.L_ ~:::'B''""' ~ .~,~ _ II, 'I II ~'-. " ~ . II ~. . - f-'- \Y.A= ,T,. ...' ,'~~- -- 'V _.' , :l'<!=J;;?' ~. " I' , ~ I _','<ow ~ ~" .3./' I-- , I I r%1jC:::, ~ . " . .. . . ~ S '" . GREEN I ' \ ...... ,.I.l.M'! y~ u . "~tll ! "t;" 'r' "'~ 11~'IF'.j'I' _ ., .'.1'1' _ , ~_ '. ' . . .~~ l~ -.: ,~~.::"'\~;'~'- .~ x..W," ~: ''f.':':'''::~t::':'~;I~::'- ' '; :'::~ lli8. ~~. '.C.,.."",,, I ~ ,.,.' , ",'lTV0r. ,.' "L',~ ' , " ' ,'~ : .... ,,' ..''-<:;:; -Y-r.li\. ,;- ." '~ ,............: ., : I ...... I r:~::r:I:I~./" " ~~ : I~I;'" T.I:':;.'.: :; . 'Ii: :ffl... ",.. " " ~ . . " ,1" _ ' '. ." : .111. ... ~:,:..:: ~ I '.:::::: ---+------+-- ~ ~ .. ,,~~' - i ~ ~I.~ 1>78." ~ ,.". ...~9. ~ . ''A f-- . ' . -~ """"''''', . . .... _......c . - ,." t(, """, 1_0" , "l'- .o', ~lJ'All ;' ~o'f. <t I. .. ~ ' I to; 3 ~ ~. ..' I-- ~ rT I ~~ : " ;~:, I ~ . l~ Il =: ill OAw I'" '~.I=} ~~;, ' """'" ,.1: 'lIT J ' =t tFL', W r: '>D~~ ' ~ :, Hi n I- -= r I 'I U! 'B 'E' . -I A U DE:, : C'*K . : , """, , l- s bM/II/JIIH "1 I. I;L J J " ~ - :::--' . l 2 \ '&V:: ..I..'" '" ..- ~ ;.: Jj~ ,~-"-\ 0-;.('/V :'; ~ ~ ",' Ii . ' 'SUe: ~~.{i.~"~~ I '--'~":~~;-t!"':I;"" ~~ ~~\~ .....:,:. E:tt; '. ~ '.. O~"L~ I ~""'.,, ,"" f'" ,. I-....... ~ '> ,0/ ", ~ ~.~ I .Ii" m. ',' ; ~ (" ....l =N;,lf':],(z I · ..... '. '/~'!6'if., ~,-l'.rT . ,," ~lt I 'I l-.~ if (\:;. T' . I .".~ :b. I IUt-re. n~ TI-Il:' ~ITV nC' 4~nn~ . J t'""11 ~. . . 1"-" ~" ... "..,.. ' , .. rH . . I/;:::f;:: '-' It:... . . , , ('II y tlF COON R,il.PID::;, AN\,) ~~:j~, :,";: :" " . \... J ~'."" .. -- ~ : \\ ~'i )) ,/ OFFICIAL RECORDS :RVISION OF IERSON IVEYOR 5715 I I L_ _.I . ..~.. ',.,. , .\:~\i.;:I:' '<. , '''.":-1 o ";: -! "1', "Ii ;'\' i: .Ji~- '1 o Sec-'h6(1.. 33 r.",ns/,,'p ilZ Rc.",::}e. 2."/ i N !-occ..ho# ...............-"""~-- SeA!.!: /"=(",0' -r1'H Il-la-e7 C\<l /f. -t-hifl kS 1-1<2. oW('J:; 13,F+ 0./0"3 s+roe+ 1'5 Shown 0" A.4. {f - se.e.flcl"; k-- Coo I w."'~()<<s (}1o.p. [(I1'v,.~>'\ess "Iff'w,(S on IV I., ff ",Iof\~ 5tree t. ~I ~--_"_----_".--"...,. ......._..l....._.._......._........--""-~.......,..,............__...- <t 1"33 rtl L CIne NW ... (,0 1 )> ~I [I (I, r _ I I~_ WIN (;NES5 a! ~.\ I ~ ), <I I i I ~----_.._-- , . - \ I'" \ \ ~ -===~~E====:::::= 1<> I< ROI..L .1..... '_'0 _ NEMETl-l o k I? 01..1... o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 15, 1987 ITEM NO. Fire Station Bond Issue 5f BY:James E. Schrantz AGENDA SECTION NQ Staff, Committee Commission ORIGINATING DEPARTMENT Engineering The City Council is requested to comp1e~e the Fire Station Bond Issue item. Bill has rechecked the cost per dollar value of home including homestead. COUNCIL ACTION MOTION BY TO SECOND BY LAW OFFICES OF o nurke nltd Jlnwkilts SUITE 101 299 COON RAPIDS BOULEVARD COON RAPIDS. MINNESOTA SS433 PHONE 1612) 784-2998 JOHN M. BURKE WILLIAM G. HAWKINS BARRY M. ROBINSON December 7, 1987 Mr. James E. Schrantz Andover City Hall 1685 Crosstown Blvd. Andover, MU 55304 Re: Fire Stations - Dear Jim: Pursuant to the request of the City Council I have recalculated the amount of mill increase that would be necessary in order to fund a bond issue for the construction of the fire department's two fire stations. I have included a revised information sheet with the information. I would note for the benefit of the Council and the fire depart- ment that the assumptions include no increase in the taxable assessed valuation. The levy could be reduced to 3.5 mills at the time the assessed valuation is equal to $67,000,000. At $78,000,000 of assessed valuation, the mill rate could be 3 mills and at an assessed valuation of $93,000,000, the mill rate could be 2.5 mills. If any further information is needed, please contact me. G. Hawkins WGH:mk Enc. o o o Tax Levy Information for $1,550,000 General Obligation Bonds for Fire Department Construction The following information is provided for consideration in funding the construction of two new fire department buildings. The assumptions included in the calculations are as follows: Initial Taxable Assessed Valuation 1988 Bond Issue Size Estimated Net Interest Rate at Time of Bond Sale Term of Bond Issue Projected Annual Increase in Taxable Assessed Valuation Mill Rate Increase $ 58,088,724 $ 1,550,000 8% 11 Years 0 4.0 Mills The above assumptions would fund the bond issue and would cause taxes on the residents in Andover to increase as follows: Market Value of Home $ 60,000 80,000 100,000 125,000 150,000 175,000 Approximate Annual Tax Increase $ 18.77 34.24 55.84 82.84 109.84 136.84 o REQUEST FOR COUNCIL ACTION CITY OF ANDOVER DATE December 15. 1987 AGENDA SECTION N~taff, Committee, Commissio ITEM Ord. 19 Amendment NO. 5 .g. BY: Dave Almgren The City Council is requested to adopt the attached amendment to Ordinance 19, the Building Code Ordinance. This amendment will help to ensure that the boulevards will be sodded, the driveways constructed (not only in the small lots, but also in R-l areas where there are driveways in excess of 300 feet in length), and any erosion control that may be necessary. DA:v Attach. COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 19H AN ORDINANCE hMENDING ORDINANCE NO. 19, AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE. The City Council of the City of Andover hereby ordains: Ordinance 19 is amended as follows: Section 3 C. The general contractor or home builder shall: 1) provide 4" topsoil and sod on all boulevards: 2) provide hard surfaced driveways in all required areas; 3) provide erosion control where required. D. If any of the improvements required under Section 3C are not completed at the time of the final inspection by the Building Inspector, the general contractor or home bulder shall furnish to the City a security agreement in an amount equal to 150 percent of the Building Official's estimated cost for such improvements. The improvements shall be completed within 30 days of the furnishing of the security agreement, except between November 1 and May 1 and all work shall then be completed by June 1. Requests for the release of any security agreement provided hereunder may be made by the general contractor or home builder upon completion of all improvements covered by the security agreement. The Building Official shall approve or deny the request. If denied, the Building Official shall state in writing the reasons for such denial. The general contractor or home builder may appeal the decision to the City Council by filing with the Building Official a written request for such appeal within lD days after receiving the Building Official's notice. The appeal shall be placed on the agenda of the next regular Council meeting. The general contractor or home builder shall be notified of the time and place of such meeting. The Council may affirm or reject the decision of the Building Official. E. If the improvements for which a security agreement has been given are not completed within the 3D-day period, the builder shall forfeit the security agreement and the city shall proceed to completed the improve- ments and collect. the costs thereof from the security. F. The security referred to in this ordinance may be in the form of cash, money order, cashier's check or irrevocable letter of credit. Interest earnings on any deposit shall accrue to the benefit of the City. H. If proof of other security is provided by the general contractor or home builder, the above security will not be required. 1..!.. For the purposes of this ordinance, the term "boulevard" shall mean the area of a public right-of-way extending from the back of the curb, or the edge of the improved portion of a roadway where no curb is installed, to the right-of-way limit. o Ord. 19H c:> Adopted by the City Council of the City of Andover this day of , 19 CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor victoria Volk - City Clerk o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 15, 1987 Hire Janitor 5h BY: Frank stone ~ APPROVED FOR AGENoCb BY:O AGENDA SECTION NQ Staff, Committee Commission ORIGINATING DEPARTMENT Public Works ITEM NO. I Listed First are bonded cleaning services. Heavenly Helper's - $6.00 per hour; 20 hours per week; $5,760.00 per year; 2 people. Ron's Cleaning - $10.00 per hour; 20 hours per week; $9,600.00 per year; 1 person. W.R. Carnes & Company - $10.50 per hour; 20 hours per week; $10,080.00 per year; 1 person. The City will furnish all cleaning supplies. They would order supplies through me when needed. All proposals are based on our custodial job description and the 28 rooms that have to be cleaned in the Fire Department, Public Works, City Hall and Senior Citizen's area. Heavenly Helper's are the ladies we have doing the cleaning for the weeks left in December. I would fully recommend them. Because I have seen their work in homes in this area, and they are Andover residents. We have $5,000.00 in our cleaning budget for 1988. I'm sure together we could find $760.00 more in one of the building budgets. Private persons applying for the job are: Clarence Smith Gary Knutson Marvin Oswaldson Greg Boeshans Ray Bardwell John Dailey Raymond Clinton Andover Ramsey Coon Rapids Andover Elk River Coon Rapids Ramsey COUNCIL ACTION c MOTION BY TO SECOND BY o Some have done some cleaning, and others have not. Some are looking for extra part time work, other than their full time job. Others have retired and are looking for part time work to keep them busy. 1 Raymond Clinton 2 John Daily 3 Clarence Smith I will have their applications at the meeting, but the three I have listed in order would be my chose. But all are open for your consideration. o CUSTODIAL JOB DESCRIPTION c:>WORK LIST A. Bathrooms 1. Wash mirrors (use glass cleaner) 2. Scour sinks and faucets (with cleanser) 3. Clean vanity top (with window cleaner) 4. Clean and fill soap dispenser 5. Damp wipe all tile walls 6. Damp wipe entire outside of toilet 7. Clean inside of toilet (use acid) Do not get acid on seat itself. (Damp wipe top & bottom of seat). 8. Fill toilet paper rolls & leave spare roll on back of toilet 9. Damp wipe walls & doors of stalls 10. Fill towel holders 11. Sweep floor & mop 12. Make sure to clean lip on tile 13. Empty wastebasket (wash inside & out) 14. Clean around door pull inside & out (Use soap to clean & furniture polish to shine) 15. Clean urinal (inside and out) 16. Wipe urinal handle 17. Keep deodorant blocks in toilets & urinals 18. Keep blue water units in toilets 19. Wash upper walls 20. Check room upper walls for dust or cob- webs 21. Write down all items needed for cleaning and give to superintendent to order Bathrooms to Clean: 1. Three men's restrooms 2. Three women's restrooms B. Lobby 1. Empty stand ashtrays (Damp wipe tops & sides 2. Empty and wash other ashtrays 3. Wash or dust tables & straighten magazines on tables 4. Damp wipe couches 5. Dust top ledge of bricks 6. Wash front door (inside & out) Outside if weather permits 7. Wash panels on side of door, same as #6. 8. Sweep & Scrub floor 9. Check the rooms' upper walls for dust and cobwebs 10. write down all items needed for cleaning and give to superintendent to order. o .x x x x x x x x x CUSTODIAL JOB DESCRIPTION o C. Hall l. 2. 3 . & All 'Off ices Vacuum Oem.;> wip,: f:cont of pop machine Damp wipe sides & front of drinking fountain & clean top of cooler with stainless steel cleaner Wash & wax conference room table Empty all wastebaskets Empty & wash all ashtrays Dust & wash vent in hallway Dust copy machine Dust & clean all file cabinets, etc. Do not clean tops of desks Clean paneling with a panel cleaner Check & Clean upper areas of dust & cobwebs write down all items needed for cleaning and give to superintendent to order. Clean windows inside & out: weather permitting for the outside 4. 5. 6. 7. 8. 9 . 10. 11. 12. 13. OFFICES TO CLEAN: 1. City Clerk 2. Administrator 3. Accounting 4. Deputy 5. Large main office in front of city hall 6. Fire Chief 7. Public Works Daily x x x x D. Kitchen 1. Clean sink (with cleanser, polish w/stainless steel cleaner) x 2. Wipe counters and stove 3. Empty garbage x 4. Vacuum x 5. Check for dust & cobwebs on walls and upper areas of room 6. Clean paneling w/panel cleaner 7. Write down all items needed for cleaning and give to superintendent to order Council Room 1. Vacuum 2. wipe & straighten chairs 3. Wipe & polish tables including council table 4. Empty garbage can x 5. Straighten name plates behind table 6. Wipe doors & glass on fire extinguishers 7. Clean paneling w/panel cleaner 8. Check upper areas for dust or cobwebs 9. Write down all cleaning items needed and give to supt. to order E. o Weekly Monthly x x x x x Spring & fall x x x x Spring & fall x x x x x Spring & fall x o o . F. Fire 1. 2. 3. 4. 5. 6. CUSTODIAL JOB DESCRIPTION Daily Department Meeting Room & Senior Citizen Area Vacuum wipe & Clean tables, chairs Clean counter tops, stove, refrigerator, misc. Clean windows inside & out, weather permitting Dust and check upper areas for cobwebs Clean paneling or wash walls Weekly Monthly x x x x x Spring'& fall o Q AGENDA SECTION NO. Staff, Committee CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 15, 1987 ORIGINATING DEPARTMENT Administration 5.i. ITEM D. Jacobson/Cable TV NO. BY: vicki Volk MOTION BY TO Don Jacobson will be present to speak to Council about televising Council meetings on Cable TV. v COUNCIL ACTION SECOND BY APPo~2V~FOR AGE.. A \ y BY: v o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AGENDA SECTION ORIGINATING DEPARTMENT NO. Staff zoning Administrator 15 December 1987 5. . . BY: d' Arcy Bosell APPROV~D R AGENDA BY: ITEM Grading & Filling Permit NO. I The City Council is requested to review and adopt the proposed Grading and Filling Permit as presented. At the present time we have three (3) ordinances which require such permits as a part of their enforcement and we do have a specific permit therefor (we have adapted other permits to meet the needs in the past, however, a proper permit is more desirable). This would simply clarify what the City wishes to receive in the way of information. The permit appears to be complex in nature but really is not and has been adapted from the original permit received from the DNR. It is the intent of the Staff that there may be items which do not apply to a particular request and they would simply be marked "n/a". One item which has been added is Item 7 of the Information sheet. It is felt that one thing lacking is a financial escrow made by the applicant which protects the City from incurring the expense of fixing a situation which may have been abandoned by the applicant but which must still be completed by someone. Action is requested by the City Council at its earliest possible date. COUNCIL ACTION MOTION BY TO SECOND BY o CITY of ANDOVER GRADING & FILLING No. PERMIT FEE: DATE PAID : Applicant's Name l:elePhone Number I Lake, Wetland, Watercourse, lot , Ll' Address (street, city, state, zip code) . . Govn't lots Quarter Section(s) Section-(s) Township Range Lot.Block.Subd. Brief Explanation of Project: grading filling Amount: length (ft) x width (ft) x depth (ft) = cubIc yards cubic yards Justification: A lterna t i ves: Impact-Environmental Erosion Control Measures o o INFORMATION TO BE SUBMITTED WITH APPLICATION 1. A vicinity map showing location of the site(s) involved. 2. An accurate site plan showing: , a. the boundaries and dimensions of the property b. dimension of the area covered by the application c. buildings, roads, utilities or other improvements within and adjacent to the area. 3. A map drawn to scale showing: a. accurate contours, preferrable at two-foo~ (2') intervals for slopes showing topography of the ground to be graded, filled or cleared, and the topography fifteen (15') feet adjacent to such area. Elevations to be based on USGS datum when practicable b. the location of springs, wetland/seepage area, and areas subject to flooding, if any c. existing vegetative cover and type 4. Drainage plan showing direction of drainage and location. 5. Grading plan including the following: a. a soil stabilization plan including final ground cover, landscaping and erosion control b. erosion control measures to prevent soil loss when grading is in process c. schedule including estimated starting and completion dates d. materials used in construction o 6. vegetative screening plan. 7. Surety or Security Bond, in such form and sum as set by Council Resolution, running to the City, conditioned to pay the City the cost and expense of: a. renovating the site to an approved land use in the event of revocation or said permit by either party. o o , ,". CRITERIA FOR APPROVAL OF GRADING AND FILLING PERMIT 1. Grading and filling design preserves or blends with the natural contours of the land. 2. Trees and other native vegetation are retained to the maximum extent possible and/or are replaced,following construction. 3. The grading and/or filling shall be directly related (or accessory) to a permitted or conditional use. 4. The grading and/or filling will not produce visual scars. 5. The grading and/or filling is performed in such a manner to minimize earth moving, erosion and the destruction of natural ameni ties. 6. The smallest amount of bare ground is exposed for as short a time as feasible, and for no more than one hundred eighty (180) days. 7. Temporary ground cover such as mulch and netting is used during the interim before permanent vegetation is established. 8. Methods to prevent erosion and trap sediment are employed. 9. Fill is stabilized to accepted engineering standards. 10. The zoning Administrator (or Building Inspector) is notified of the starting date of work and upon completion. 11. The City shall place certain conditions on time limits and necessary site restoration, as applicable. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 15, 1987 Non-Discussion ORIGINATING DEPARTMENT Engineering AGENDA SECTION NO. ITEM NO. $205,000 Tax Increment Bond Sale 6a BY: James E. Schrantz I The ~ity Council is requested to award a bond sale as Bi present on 12/15. Bill is soliciting bids from 2 banks with which the City does business in regards to the $205,000 General Obligation temporary taxable Tax Increment Bond. MOTION BY TO COUNCIL ACTION SECOND BY o DATE December 15, 1987 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. ORIGINATING DEPARTMENT Engineering Non-Discussion ITEM NQ 87-11/Storm Drainage Supplement 6b BY: James E. Schrantz I The city Council is requested to approve the resolution recelvlng the supplement to the feasibility report for project 87-11, water, sewer and storm drainage to the School/Winslow's and Oak Bluff. The report was discussed at the work session. We need to approve this by resolution. MOTION BY TO COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION RECEIVING A SUPPLEMENT TO THE FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STORM DRAINAGE PROJECT NO.87-11 IN THE SCHOOL, WINSLOW HILLS, AND OAK BLUFF AREA. A Supplemental Feasibility Report has been prepared by TKDA for the improvement of storm drainage in the School, Winslow Hills, and Oak Bluff area; and WHEREAS, such report was received by the City Council on the 15th day of December, 1987; and WHEREAS, such report declared the proposed improvement to be feasibile for an estimated cost of $ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Supplement to the Feasibility Report for Project No. 87-11 , for the improvement of storm drainage in the School, Winslow Hills, and Oak Bluff area as prepared by TKDA . 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statues Chapter 429 at an estimated total cost of the improvement of $ 3. A public hearing shall be held on such proposed improvement on the day of 19 in the Council Chambers of the City Hall at and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. City Council at a Meeting this and adopted by the day of MOTION seconded by Councilman 19 , wi th Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: Jerry Windschitl-Mayor victoria volk-City Clerk o AGENDA SECTION NO. Non-Discussion CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 15. 1987 ORIGINATING DEPARTMENT Administration 6.c. ITEM Kensington Est/Extension NO. BY: Vicki Volk The City Council is requested to approve a six-month extension for the Kensington Estates preliminary plat. V MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 15 BY: AGENDA SECTION NO. ORIGINATING DEPARTMENT Engineering Non-Discussion ITEM NO. Request Traffic study CR 20 E. R.L. Blvd 6d -1'5 ~ BY: Todd Haas I The city Council is requested to request the Anoka Department for a traffic study at the intersection 20 east and Round Lake Blvd. , , I County ighway of Coun y Road I have had a resident call me expressing their concern of the high traffic volumes and the difficulty to be able to enter or exit Round Lake Blvd. The individual is requesting some type of signalization either as traffic signals or 4-way stop signs. Apparently, the County is not willing to study the intersection at this time unless the City requests the study. The study would be done in the summer of 1988 and at that time the County will be able to tell if the intersection warrants some type of signalization. MOTION BY TO COUNCIL ACTION SECOND BY i I I I I I I : I I 'II ',Ii'. . 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I ,. -- I __J -1-.'-- / ,"/ .... .....-'I: :r,c#' ,FSTATES:6 \ \ 1--- ] ----.--t-----_~ f -1 # , : -' I/-:- ....L ~'__~'/;' l>, I.., , I " """ I I , , , // !L II '" I j _ "'" : I _+-_.- I; '~":-- '~I: ,., V~ I --- . ""'"' 'f;S ~ "'\, 5'j;HtI.. --;41!r V,"', I r . . .' ~<t~I" ~o~_ \~"'.t10- . . :$ BmII . . . -1/ "'" ~,= -::::::J,- II I I I I I I I I i i \ --'---- ; ! , I : r I r I I I - --. /'f". - o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Non- Discussion Items ITEM Change Order / NO. Creekside Estates DATE ORIGINATING DEPARTMENT December 15, 1987 Engineering 6f BY: James E, Schrantz The City Council is requested to approve the change order for project 87-28 Creekside Estates to project 87-4 Woodridge Acres. This is a formality, the project was ordered but we have not by motion approved the change order document. We used a feasibility report estimate of $33,780.00 the Contract Change Order is $33,763.11. COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 15. 1987 ITEM NO_ 7 BY: vicki Volk FOR AGENDA SECTION NO. Approval of Minutes ORIGINATING DEPARTMENT Administration The City Council is requested to approve the following minutes: December 1, 1987 Regular Meeting v COUNCIL ACTION MOTION BY TO SECOND BY