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Home My WebLink AboutCC June 5, 2007 o o Q 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, June 5, 2007 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (5/15/07 Regular Meeting; 5/22/07 Workshop) Consent Items 2. Approve Payment of Claims - Finance 3. Accept Petition/Order Feasibility Report/07-29/14555 Round Lake Blvd. NW/SS & WM - Engineering 4. Accept Feasibility Report/Waive Public Hearing/07-27/14124 Crosstown Boulevard NW/SS & WM- Engineering 5. Receive Assessment Roll/Order Public Hearing/02-33/Andover Station North (Jay Street NW Construction) - Engineering 6. Approve License Agreement with Anoka County/SCADA System for Monitoring W ell- Engineering 7. Approve Wayside Hom Agreement/BNSF /06-10 - Engineering 8. Order Plans & Specs/06-10IRailroad Quiet Zones - Engineering 9. Certify/Delinquent Assessments/Project 05-22/Hanson Meadows - Clerk 10. Approve Agreement/06-22/Crooked Lake Boat Landing/DNR Public Water Access Cooperative Agreement - Engineering 11. Approve Revised Fee Ordinance - Administration 12. Approve RefuseIRecycle Hauler Licenses - Clerk Discussion Items 13. Public Hearing/Consider Vacation of Easement/4003 146th Lane NW - Planning 14. Consider Time ExtensionlPreliminary Plat/White Pine Wildemess/161 sl and Crane St. - Planning 15. Discuss Open Space Preservation - Planning Staff Items 16, Consider City Code Amendment/Deleting City Code Section 12-14-6A-5 (continued) - Planning 17. Schedule EDA Meeting - Administration 18, Schedule June Workshop - Administration 19. Administrator's Report - Administration Mayor/Council Input Adjournment o CD 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: June 5, 2007 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: o May 15,2007 Regular Meeting May 22, 2007 Council Workshop DISCUSSION Attached are copies of the minutes for your review. ACTION REOUIRED The City Council is requested to approve the above minutes. Respectfully submitted, tJ:.L; U~ Vicki V olk City Clerk o o Q o Regular Andover City Council Meeting Minutes - May 15, 2007 Page 6 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -.MAY 15,2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE.................................,............",...........,.,.................."...........,...... 1 PROCLAMATION - ARBOR MONTH...................,......................."""..,............................... I RESIDENT FORUM ........,......................................."...........................,..""",............"............ 1 AGENDA APPROV AL...........................................,...".........""'...............................'"............ 1 APPROVAL OF MINUTES.....,....,.............,......."...",.............."............",..",.......................... 2 CONSENT ITEMS Approve Payment of Claims ......,.................,.........."................."..,..........................,."""". 3 Approving Resolutions of SupportJCSAH 116, CSAH 78 & CSAH 9 Resolutions R066-07, R067-07 & R068-07......................,............................. 3 Resolution R069-07 accepting Petition/Order Feasibility ReportJ07-25/2756 -.134th Lane NW /SS & WM ....................................................",.............."""""...................",.. 3 Resolution R070-07 accepting Petition/Order Feasibility ReportJ07-26/2766 - 134th Lane NW/SS & WM ................................................,.......................",'.......................... 3 Resolution R071-07 accepting Petition/Order Feasibility ReportJ07-27/14124 Crosstown . Blvd NW/SS & WM ....................................................................................................... 3 Resolution Ron-07 declaring Cost/Order Assessment RoI1l02-33/Andover Station North (Jay Street Construction) .......................................................",............................ 3 Resolution R073-07 approving Resolution/Sidewalk and Trail Inspection and Maintenance Policy"... ............."..""" ,.".. ,...................... ,............ .,........,..,...... ......,." ,.... 3 Resolution R074-07 approving Time ExtensionlMeadow Creek School Temporary Classrooms/3037 Bunker Lake Boulevard".....,..................,.........................................., 3 Approve Temporary 3.2% Malt Liquor License/Andover Lions (Fun Fest) ....................... 3 Approve Excluded Bingo PermitlFun Fest......................,................................................... 3 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received.......................................,' .............. ..""", ................., ...., ................ ... .............. ... ..", 3 A WARD BID/05-61 (CROSSTOWN BLVD NW & NIGHTINGALE ST. NW) & 06-50 (CROSSTOWN BLVD NW TRAIL) Motion to approve (RES. R075-07)...............................................................................,...... 3 CONSIDER JOINT MEETING WITH PARK AND RECREATION COMMISSION ........... 4 ADMINISTRATOR'S REPORT ..............................................................".",.............",...........4 MAYOR/COUNCIL INPUT Dog Situation ..................................................,.", ,... ..................... ,.". ........ .............. ............. 5 Marystone Boulevard Neighborhood Meeting.....................................,......,......................'" 5 Second Annual 5K Run ......"..,............................................................................................. 5 150th Anoka County Celebration.............,............................................,",................,............5 ADJOURNMENT........,....................""............."........................"",...............",.......",...,......,..5 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 022 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 044 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING-MAY 15,2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, May 15, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Attorney, William Hawkins City Engineer, Dave Berkowitz Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE PROCLAMATION -ARBOR MONTH Mayor Gamache read the proclamation declaring May Arbor month. RESIDENT FORUM Mr, Chester Kopis - Stated he wanted to complain about the mess at Hamilton's pond. He stated there is garbage and gophers running allover. Mr. Berkowitz believed the pond belongs to either the City or County. He noted it went tax forfeit. He stated the mesh, straw fiber blanket is supposed to bio-degrade over time. They installed the mesh last summer to reduce ditch erosion. He stated once the vegetation is grown, it is supposed to bio-degrade but they will keep an eye on it and remove it if necessary. Councilmember Jacobson indicated that if there is a lot of trash there, they should clean it up. AGENDA APPROVAL Remove from Consent Items for discussion Items 3, (Award Bid/05-61 (Crosstown Boulevard NW & Nightingale St, NW) &06-50 (Crosstown Blvd. NW Trail). Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - May 15, 2007 Page 2 APPROVAL OF MINUTES April 24, 2007, Joint Meeting with Planning Commission: Correct as amended. Councilmember Trude stated she had a couple of changes. The first is on page six, sixth line from the bottom, they should strike the word "Federal" and replace it with "recent". Page seven, third line "Council" should be stricken and "Commission" should be placed in there. Councilmember Jacobson stated on the first page, third line from the bottom, the word "pood" should be stricken and insert "~" and "Bl:lBk-er" should be replaced with "Hanson". Councilmember Jacobson stated on page four, two thirds of the way down, it stated "Councilmember Trude asked if the dates were changing, not the parameter". Councilmember Trude stated this was about the sewer plan and she asked if the only thing that changed were the dates of the sewer staging and none of the lines or boundaries of where they have MUSA changes so that is correct and what she talked about. She thought they should insert "...the dates for the proposed MUSA were changing, not the parameter of the MUSA", Councilmember Jacobson stated on page five, the fourth paragraph, the sentence "Councilmember Jacobson stated it should show" does not make sense, He thought the intent was that there were some changes in the projections for the Metropolitan Council and he indicated that their plan should show those changes. Councilmember Jacobson stated on page six, fourth line from the top, they should remove "tffie balanee". Page seven, second paragraph from the bottom, the sentence reads "Mayor Gamache suggested hiring the applicant earlier" and he thought the Mayor suggested appointing the member earlier, Mayor Gamache agreed, Motion by Knight, Seconded by Trude, approval of the Minutes as indicated above. Motion carried unanimously. May 1, 2007, Regular Meeting: Correct as amended. Councilmember Trude stated on page 5, line 31, strike "dafk" and insert "highlighted", Page 6, line 3 she thought the sentence that starts with "before a sign" should be struck because it is not accurate. Page 8, there should be another bullet point around line 29 indicating the topic would be "County Application for Federal Funds", Page 9, line 30, the sentence should be "to see this happen without developing a policy first because it is a rare event". Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 1"\ 40 W41 42 43 44 Regular Andover City Council Meeting Minutes - May 15, 2007 Page 3 CONSENT ITEMS Item 2 Item 4 Item 5 Item 6 Item 7 Item 8 Item 9 Item 10 Item 11 Item 12 Approval of Claims Approve Resolutions of SupportJCSAH 116, CSAH 78 & CSAH 9 (See Resolution R066-07, R067-07, R068-07) Accept Petition/Order Feasibility ReportJ07-25/2756 - 134th Lane NW/SS & WM (See Resolution R069-07) Accept Petition/Order Feasibility ReportJ07-26/2766 - 134th Lane NW/SS & WM (See Resolution R070-07) Accept Petition/Order Feasibility ReportJ07-27/14124 Crosstown Blvd NW/SS & WM (See Resolution R071-07) Declare Cost/Order Assessment Roll/02-33/Andover Station North (Jay Street Construction) (See Resolution R072-07) Approve Resolution/Sidewalk and Trail Inspection and Maintenance Policy (See Resolution R073-07) Approve Time ExtensionlMeadow Creek School Temporary Classrooms/3037 Bunker Lake Blvd (See Resolution R074-07) Approve Temporary 3.2% Malt Liquor License/Andover Lions (Fun Fest) Approve Excluded Bingo PermitlFun Fest Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read, Motion carried unanimously. RECEIVEANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Sergeant Kryer, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Mayor Gamache noticed on the news that there was an operation to canvas the drunk drivers more heavily and he understood they have Federal funding for this, which would last two years. Sergeant Kryer indicated he was not familiar with the duration of the grant but there is concentrated enforcement in the Anoka County area. City Attorney Hawkins indicated this is a three year program. AWARD BID/05-61 (CROSSTOWN BLVD NW & NIGHTINGALE ST. NW) & 06-50 (CROSSTOWN BLVD NW TRAIL) City Engineer Berkowitz reviewed the project with the Council and residents of Andover. Councilmember Jacobson wondered what the time frame is for construction. Mr. Berkowitz stated the project would start July 9th, after Fun Fest and would finish at the end of August. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - May 15; 2007 Page 4 Mayor Gamache asked if there will be any road closing due to this, Mr. Berkowitz indicated the road will remain open to traffic. Motion by Jacobson, Seconded by Knight, to Approve the Contract and to Award Bid/05-61 (Crosstown Blvd. NW & Nightingale St. NW) & 06-50 (Crosstown Blvd. NW Trail). Motion carried unanimously. (RES. R-075-07) CONSIDER JOINT MEETING WITH PARK AND RECREATION COMMISSION It was noted this item is in regard to considering scheduling a joint meeting with the Park & Recreation Commission. Councilmember Orttel asked if they could put Park Naming Policy on the agenda. Motion by Jacobson, Seconded by Knight, to schedule a joint meeting with the Park & Recreation Commission on June 14,2007 at 7:00 p.m, Motion carried unanimously. ADMINISTRATOR'S REPORT City Engineer Berkowitz updated the Council on the administration and city department activities, meeting reminders, road improvement projects and miscellaneous projects, Mr, Berkowitz stated they have been receiving a lot of calls lately regarding Autistic Child signs, The City of Rochester has a policy where it is an administrative approval to post a sign and that received some press three to four months ago and he has been receiving some requests about that. Councilmember Trude thought they could discuss this at a workshop and she thought it would be helpful to get some statistics from the local schools too because it is so prevalent now that they could end up with one in every neighborhood and they would want to have an idea about what the scope could be. Community Development Director Neumeister updated the Council on development activity in the City. Councilmember Trude stated there was discussion about staffworking on the Comprehensive Plan report and some of the questions they had were about the population figures and how the Met Council was projecting their household sizes going down. She wondered if they are going to try and get more accurate information from the census from the County to negotiate how they have met increasing population demands. Mr. Neumeister stated he did not have the specifics in front ofhim but would bring that up at the next workshop. Councilmember Jacobson stated at the last meeting they talked about some ordinance in Coon o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 o Regular Andover City Council Meeting Minutes-May 15,2007 Page 5 Rapids about snow removal for seniors. Mr. Berkowitz stated Prank Stone, Public Works Superintendent, talked to hlln about this. Coon Rapids does not do that work. They do have a list of 4H, Boy Scouts, etc, who are willing to do that as volunteer work. Mayor Gamache wondered if they could get something like this together for winter. Mr. Berkowitz indicated they will check with Coon Rapids on how they implemented their program. Councilmember Trude thought the high school has a program for community service. MAYOR/COUNCIL INPUT (Dog Situation) - Councilmember Knight stated he received a call regarding a dog situation, Councilmember Orttel indicated they are going to discuss this at the May 22nd Workshop meeting. Councilmember Knight wondered if an electric "invisible" fence constituted a fence, Councilmember Jacobson thought staff should look at the dog and cat ordinance for changes and bring it back for discussion. (Marystone Boulevard Neighborhood Meeting) - Councilmember Trude wondered if there is a meeting set up for Marystone Boulevard. Mr. Berkowitz indicated they will be meeting with the residents before they meet with the Council in June. (Second Annual 5K Run) - Mayor Gamache reminded the community that Saturday, May 19th, the Andover High School Track Team will be holding the 2nd Annual Tom Anderson Memorial5K and at noon they will be having the renaming ceremony, the dedication of the trail off of Hanson Boulevard and Coon Creek. (150th Anoka County Celebration) - Mayor Gamache noted May 18, 2007 begins the 150th Anoka County Celebration at the Anoka County Pair Grounds. There will be events going on all day long. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 7:43 p,m. Respectfully submitted, Susan Osbeck, Recording Secretary Q; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 022 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 044 45 46 47 48 ANDOVER CITY COUNCIL WORKSHOP - MAY 22, 2007 MINUTES A Workshop of the Andover City Council was called to order by Councilmember Don Jacobson, May 22, 2007,6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota, Councilmembers present: Mike Gamache (arrived at 6:05pm), Don Jacobson, Mike Knight, Ken Orttel (arrived at 7:05pm), Julie Trude None City Engineer, Dave Berkowitz Community Development Director, Will Neumeister Others Councilmember absent: Also present: DISCUSS USE OF UTILITY EASEMENT FOR HICKORY MEADOWS Mr. Berkowitz stated this item is in regard to the City utility easement for Hickory Meadows. He explained the original and revised proposals with the Council. Councilmember Trude wondered if there was any interest by any of the residents to develop at this time. Mr. Berkowitz indicated there was not any interest at this time, Councilmember Jacobson asked if they have a maintenance easement. Mr. Berkowitz indicated they do. He noted it extends from the pipe that already exists by Butternut along the creek. (Mayor Gamache arrived at 6:05 pm.) Councilmember Jacobson asked if the Coon Creek Watershed District has any concerns, Mr, Berkowitz indicated they do not have any concerns as long as the area is returned to its natural state. Councilmember Jacobson wondered where the anticipated crossover point is, Mr, Berkowitz stated that is still being worked out. He showed on the map where a possible crossover would be. Councilmember Knight asked once the ditch is opened, how wide it would be. Mr. Berkowitz indicated it would be around eighteen feet deep at the deepest location. He stated to preserve as much area as can be they would look at constructing that with a box. He noted they would try to keep that to a forty-foot width, Councilmember Knight wondered how long the ditch would remain open. Mr. Berkowitz stated it would be open for a week and a half to two weeks. He thought they would be filling the ditch as they go. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Workshop Meeting Minutes - May 22, 2007 Page 2 Councilmember Jacobson wondered if there would be dewatering done. Mr. BerJwwitz stated it would. Councilmember Trude wondered where the water would go. Mr. Berkowitz explained it would probably be put into the creek. Councilmember Trude wondered if the residents will see any water changes in the mitigated wetlands, Mr, Berkowitz stated they will see less water temporarily but the water will come back. Mr. Berkowitz stated they will have to discuss the dewatering with the Watershed District to see what would need to be done for filtering, etc. Councilmember Trude wondered what safety measures the developer would need to take with the open trench, Mr. Berkowitz thought they would backhoe the trench closed each evening where the pipe was laid but there will still be a trench in areas and they could run a fence along there for safety, Mr. Bruce Carlson indicated Plan B would be to put in acreage lots. Mr. Neumeister stated staff would not recommend placing acreage lots in the MUSA area, Councilmember Trude thought with the difficulties the developer could face, they could move the MUSA to the north side of Andover Boulevard. Councilmember Trude asked if this plan made it easier for the City to maintain the sewer line. Mr. Berkowitz indicated that is correct. The developers' engineer showed a different plan to the Council and explained the new proposal would go behind fewer homes and eliminate a manhole. Mr. Berkowitz mentioned staff has not reviewed this plan, Mr, Berkowitz emphasized that the depth does not change the ultimate elevation of the pipe but they are going with the grade instead of against the grade. Mr. Shawn Rogers, 169 142nd Avenue, NW, read a letter from the Shadowbrook residents. They are adamantly opposed to the City helping the developer with this project while it is affecting their lives. They wondered why the Council would consider this when the developer failed to get the easements needed forthe sewer. He stated they should not be impacted by the developer's inability to obtain his easements before purchasing the property. The City does not need to extend this to the developer. Councilmember Jacobson asked for specifics on the negative aspects for the residents. Mr. Rogers. stated they would be draining the ponds, maintenance vehicle access, loss of vegetation, wildlife displacement and a generator being allowed to run for at least two weeks. He thought they should not have to deal with these inconveniences because it has never been discussed this way, He understood some of this will be temporary but some of it will be irreparable, o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Workshop Meeting Minutes - May 22, 2007 Page 3 Councilmember Knight wondered why the developer could not get the easement. Mr. Carlson stated there is another builder who bought land at the same time and is pretty much holding out and trying to get him to buy him out. Mr, Kent Meister, 541 Andover Boulevard, asked how many homeowners are affected by this proposal. Mr. Rogers thought there are about 12 residents, Mr. Jerry Heiling, 199 142nd Avenue, NW, stated when the residents were notified of this project he was not notified that the developer was going to come out and talk to the residents. His property is behind the two ponds. In talking with the developer and what is being developed, his initial response was they did need to move forward and build homes but there are vacant homes in Andover for sale. The initial plan was the sewer was going to go through Butternut and he did not have a problem with it. Now the plans have changed because of obstacles with the first plan. He did not think this should affect the residents on the south side of the creek. This issue should have been reviewed when the initial sewer plan was discussed seven years before. He thought the City was accommodating the developer no matter what problems arose. Councilmember Trude indicated nothing like this has ever happened in the City before. Mayor Gamache noted initially all the landowners were willing to develop at once and now things have changed and some of the landowners do not want to develop at this time so they need to look at alternative plans and try to make a decision. Councilmember Jacobson explained his view on the proposed sewer plan, Mr. Heiling stated the negative is they are affecting the property because they purchased the property with the easement on there, which is more of a utility easement. He stated they did know a development was going to go in but they did not know the City was going to run the sewer in their backyards. They do not know if the ponds will come back and they do not know how it will affect the creek. Councilmember Knight indicated the Coon Creek Watershed District will oversee this and make sure it does not affect the creek and if they feel it does, they will not allow it to happen. Mr. Heiling wondered why the developer did not come out to discuss this with the neighborhood when City staff came out to the meeting. He also thought this should be discussed in front of the residents of Andover at a Council meeting. This all affects him but he was not notified about what was going on. Mr. Berkowitz indicated he sent out notification and also called the 8 property owners directly affected by this proposal along with association representatives from Shadowbrook Cove and they were all at the meeting. Councilmember Knight wondered if there were any other options for this. Mr, Berkowitz o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Workshop Meeting Minutes - May 22, 2007 Page 4 discussed the different options starting with the fIrst one proposed. Mr. Berkowitz noted the preliminary plat is not formally approved until all the stipulations are worked out. (Councilmember Orttel arrived at 7:05 pm,) Mayor Gamache asked what other issues need to be addressed on this. Mr. Berkowitz stated there are six points that need to be addressed: 1. Need to confirm that the sewer can be accessed north of the creek. Verbal confIrmation from the Watershed was as long as they do not change the fIll area it would be acceptable to provide some type of access as long the vegetation can be maintained, He stated they will work with the developer and watershed on impacts to the wetland. 2. Revised preliminary plat showing all new easements. 3. Revised grading plan that shows any changes in grades due to the sewer. 4. Revised preliminary utility plan. 5. Soil borings on the north and south side to prove construction of the sewer can be built on the north side, 6. Developer to provide adequate access to the south side of the sewer. Mr. Ron Melin, 59 1420d Avenue NW, stated he was not notifIed but their only concern is how this will affect the water pressure in the area because it is barely adequate now. Mr. Berkowitz stated they will work with SEH regarding the water system. He does not know of any problems in that area but they could do a static test on a hydrant in that area to see what the pressure is, Mayor Gamache asked ifthey do fmd there is a problem with water pressure, what needs to be done. Mr. Berkowitz explained some of the solutions that can be done to alleviate the low water pressure, Mr. Heiling noted they are representing a lot of homeowners who could not make it to the meeting, Councilmember Trude wants to know if the project goes ahead how can this development be a good neighbor to the existing residents, Mr. Heiling stated they would want the area to be restored back to the way it was before, such as trees and to preserve what they can. Mr. Berkowitz stated he will work with the developer and the Watershed to restore what they can. Councilmember Knight would like to see everyone including the residents to be happy. Mr. Meister asked if the Watershed needs to get permission to comeimd dredge the creek and how they restore the area, Mr. Berkowitz stated they are not required to get permission from the City and they do restore it back to a means that meets their requirements. They do notifY the City o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Workshop Meeting Minutes - May 22, 2007 Page 5 that they are going to dredge the creek but the City cannot make them meet requirements but the Federal Government can require that. Mr. Heiling wondered ifhe will get charged anything for doing maintenance on the easement on his property, Mayor Gamache indicated he would not. Mr, Berkowitz indicated they have a two-year warranty on all of their projects. ANIMAL CONTROL ORDINANCE DISCUSSION Councilmember Jacobson suggested they send this to the Planning Commission and have them look at "invisible fencing" and see if there are any other changes they can think of and have staff contact the individual who has been contacting the Councilmembers of the Planning Commission date. Councilmember Orttel stated the resident's issue is not the fencing, it is the dog barking incessantly. Councilmember Knight wondered if an invisible fence is considered an adequate barrier. Councilmember Trude thought they should send a few different issues to the Planning Commission, 1) What constitutes a modified barrier. Should dogs be kept in the front yard with an invisible fence, 2) What constitutes a nuisance; 3) What type of dogs should the City list as dangerous and should they list any. Mayor Gamache stated the only thing they have in the ordinance is regarding restraint. He would like to [md out what that means. He thought the invisible fence would be covered in that section. Councilmember Jacobson thought they should have the Planning Commission look at that for the invisible fencing. Councilmember Trude asked what specifically they want the Planning Commission to look at. Councilmember Jacobson thought the Planning Commission should look at technology such as the invisible fence. Mr. Neumeister stated the Planning Commission is going to want more information in order to discuss this. Mayor Gamache stated he would like more of a definition for restraint. Councilmember Trude thought they need to look at the nuisance area in the ordinance to define it and make it more enforceable. Mayor Gamache thought Section 5A-IA-l in the ordinance covers the problem and stated he does not want to get into any more restrictions. Councilmember Jacobson wondered if a report should be written even ifthe CSO officer does not see the dog barking, He thought maybe they should have it in the ordinance that after so many reports, it should be considered a nuisance. Mr. Neumeister thought the ordinance should o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Workshop Meeting Minutes - May 22, 2007 Page 6 be changed to define it a little better. Councilmember Trude thought they may want to consult the Sheriff's Department regarding this to see what should be changed in the ordinance. Councilmember Jacobson stated he was suggesting there be a trigger mechanism in the ordinance for the Sheriff's Department to go by, DISCUSS TIME LIMIT ON BUILDING PERMITS Mr. Neumeister showed photos of two homes on 133rd indicating these homes were built 18 months ago and are in foreclosure and wondered what they can do because the City does not have any way to get the work done. Councilmember Jacobson wondered if the City should get a deposit when someone applies for a building permit to assure the homes will getfmished in a timely manner. Mr, Berkowitz indicated the homes shown have also defaulted on the escrow payment to the City and the City Clerk is dealing with this. Mr. Neumeister explained when a house goes into default or foreclosure there is really nothing we can do until the bank gets the house. Councilmember Knight suggested if it is in default or foreclosure they wait it out until it goes to the bank and then go after the bank. Councilmember Jacobson thought if staff found out what bank holds the lien they should send them a letter indicating the homes need to get fixed up or they will have an abatement process put on them. DISCUSS IRRIGATION AGREEMENT WITH ASSOCIATIONS Mr. Berkowitz reviewed the irrigation agreement with the Council. Councilmember Trude thought the agreement looks good the way it was written by staff. Mr. Berkowitz thought the agreement would get the City to communicate better with the associations. Councilmember Jacobson stated his concern is with the smaller unit associations. Mr, Berkowitz thought it may be a minimum of a $100 fme and go from there. He wondered if the Council wants to see something addressed in the fee schedule to address this, The Council thought that would be a good idea, Mr, Berkowitz wondered if the City Attorney indicates they cannot charge per unit, what they should do. The Council thought he should check on what would be allowed and bring it back with the fee schedule changes. DISCUSS REQUEST FOR AUTISTIC CHILD SIGNS Mr. Berkowitz explained there have been several requests for Autistic Child signs in the community. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Workshop Meeting Minutes - May 22, 2007 Page 7 Councilmember Jacobson wondered what the difference is between these signs and "watch for children" signs, Mr. Berkowitz explained the differences to the Council. Councilmember Trude stated her concern is that if they put these signs in the neighborhoods, after time will they be seen and recognized by the residents. Mr. Berkowitz stated right now they are doing "Deaf Child" signs and the residents do not pay for them so this would be a new policy that the requesting party of the sign has to pay for it. Councilmember Trude wondered if they should check to see how many signs they could P9ssibly need in the City before making a decision, She asked if staff could fmd out how many autistic children are attending the schools in Andover before the requesters of the signs are called. Mayor Gamache asked staff to call Rochester to find out how many signs they have put up. SUBDIVISION CODE UPDATE DISCUSSION Mr, Neumeister reviewed the changes with the Council for the Subdivision Code Update. Councilmember Trude stated on page 3, line 18, the sentence should read "ARC consists of!! representative of each of the following departments". Mr. Berkowitz stated sometimes it consists of more than one person from each department. Councilmember Jacobson stated page 4, line 18, talks about maintaining different areas and he wondered if sidewalks should be included. Councilmember Trude stated City Attorney Hawkins indicated they should change "roadways" to "streets" in this. Mr. Berkowitz stated on line 18, when talking about easements, sidewalks are typically put in the City right-of-way. He stated they can add that language to clean it up. Councilmember Jacobson wondered if a right-of-way is considered an easement. Mr. Berkowitz stated they are separate from an easement. Councilmember Jacobson stated on page 5, it talks about access to watermain, sewer and he thought if they had other things, they should add some extra words such as: "...and other municipal utilities". He stated they need to look forward for new technology. Councilmember Jacobson stated on page 5, line 27, the sentence reads: ".. .multi-user which also may used for public and private utilities." He wondered if before the word public they could insert the word "underground", He could not see overhead power lines being put overhead and should be buried. Mr. Berkowitz stated there is always that potential for private utilities to be overhead. Mr. Neumeister did not know it this should be changed because it is already broad and covers everything. Councilmember Trude thought this should be rewritten. She thought they were trying to talk about a trail and did not know anywhere else in the code where they talk about a pedestrian Q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 o Regular Andover City Council Workshop Meeting Minutes - May 22, 2007 Page 8 trailway. She wondered why they want to describe where it is because sometimes it is next to a public street. She thought they should rewrite the paragraph to fit what they do now. Councilmember Trude stated on page 6, line 3 they should replace roadways with streets, She noted they should not put the word sanitary in front of sewer because sewer systems are both sanitary and storm. She stated if they put the word sanitary before sewer then they are not talking about both. Mr. Berkowitz stated they want to make sure people know what they were talking about. Councilmember Jacobson stated page 6, line 19 should read: "the highest indication of mottled soils". Mr. Berkowitz explained on a plan they do need to determine the elevation, Councilmember Trude wondered about the definition of Right-of- Way. She thought the old definition was better. She was concerned with the new definition because it starts listing things and something might be forgotten. They should have the City Attorney look at the definition, Councilmember Jacobson stated on line 30, under definition of a street, the street is a public or private roadway. Mr. Berkowitz stated he learned to never use the word in the definition. Councilmember Jacobson stated on line 32, it says: "related maintenance activities" and he wondered if the word "activities" should really be equipment and then strike everything after that. Councilmember Trude disagreed because sometimes they use equipment and sometimes theydo not. Councilmember Trude wondered on line 36 what a "carrier" is; she thought it should be a major street. Mr. Berkowitz stated in engineering, carrier is considered a street. Councilmember Jacobson stated on page 7, Major and Minor Collector Street definitions are switched around. Councilmember Trude wondered why thoroughfares are deleted. Mr. Berkowitz indicated this is not a commonly used term anymore so they have deleted it. Councilmember Jacobson stated on line 12, regarding traffic impact study, he thought it should read: "study of existing traffic conditions and anticipated traffic conditions with aOO or without the de-velopment and traffic impacts of the development". Councilmember Trude thought that sounded good. Mayor Gamache asked if the traffic impact study definition came from MnDOT. Mr. Berkowitz stated they probably pulled that definition from some book. Mayor Gamache wanted to make sure they do not change a lot of language that would impact where they got the wording from. Councilmember Trude wondered if they eliminated Item B on page 8, does it work legally. She thought this was a legal question that needs to be answered. Mr. Neumeister stated if they look at Item A, on line 26, it shows the word "and dedicate" so everything in Item B is being dedicated in Item A. He thought they were trying to cover it and consolidate it. Councilmember o o o Regular Andover City Council Workshop Meeting Minutes - May 22, 2007 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Trude indicated she wants to have the City Attorney look at it to make sure there is not a two part step that would be eliminated if they did this. Councilmember Jacobson stated on page 9, line 10, it talks about restrictions of filing and recording conveyances and he wondered what Item D means. Mr. Neumeister stated Item D was written when the Rural Reserve was adopted and is not new language. He explained to the Council what was discussed with the Met Council previously regarding this language. Councilmember Trude wondered on page 10 where "Zoning Administrator" was changed to "administratively", she thought they should indicate a title. Mr. Neumeister thought this was trying to avoid changing positions and responsibilities because they do not have a Zoning Administrator in any of their job descriptions. Councilmember Trude thought they need to have a high level position defmed. Mr. Neumeister indicated they need to fmd out from the Attorney what wording they should use. Councilmember Trude stated on page 10, line 37, she thought the sentence should read: "within public right-of-way, or other public way easement..." She thought they should change all "roadways" in the report to "streets" to be consistent. Councilmember Jacobson wondered if they could have a metes and bounds consisting ofless than five acres. Councilmember Orttel did not think they could unless they received a variance. Councilmember Knight thought they could because he has some by him. Councilmember Orttel did not think new construction would allow this. Councilmember Trude wondered on page 11, 2nd and 3rd paragraphs, if they should delete all of the wording. She thought they should ask the City Attorney if they should leave it in or take it out. Councilmember Jacobson stated on page 11, line 45 the sentence should read: "The City shall not permit any public improvements to be installed unless the prclimillary plat is approved and the Development Guidelines for publicly or privately installed infrastructure improvement requirements have been met." Mr. Berkowitz indicated they want to make sure the preliminary plat is approved. He stated the preliminary plat can be approved before the Development Guidelines are set up. Councilmember Jacobson stated on page 12, line 7 "guilty of a misdemeanor" should be changed to "charged with a misdemeanor and convicted of it". Councilmember Trude thought they need to have administrative enforcement actions. She thought the Attorney should be consulted on this paragraph. Some of the Council felt they should finish at the first Chapter and continue with Chapter 2 at another workshop. Councilmember Jacobson asked on page 13, line 17, it says a sketch plan may be issued and then everywhere else it looks almost like it is required. Mr. Berkowitz explained the intent to the o o Regular Andover City Council Workshop Meeting Minutes - May 22, 2007 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Council regarding this section. DISCUSS SCHEDULE FOR THE JULY 3,2007 CITY COUNCIL MEETING The Council decided to leave the meeting date as July 3, 2007. OTHER BUSINESS Request from Resident for Farm Animals Mr. Neumeister stated they received correspondence from a resident regarding farm animals. The resident would like to have a goat on 2.5 acres. He noted their ordinance indicates farm animals are not allowed on property less than 5 acres in size. The Council agreed with staff that farm animals should not be allowed on properties less than 5 acres. Hanson Boulevard Update Mr. Berkowitz reviewed the project update with the CounciL Dirt Bike Issue from Resident Councilmember Trude stated she received correspondence and a video from a resident regarding a dirt bike issue. Councilmember Jacobson thought this would be considered a nuisance because of the noise and dirt. Mayor Gamache stated staff could look at paragraph 6-4-6 in the ordinance for the noise. Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 9:35 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary c o o (i) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: June 5, 2007 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $139,476.70 on disbursement edit lists #1 - #3 from 05/14/07 to 05/30/07 have been issued and released. Claims totaling $228,607.97 on disbursement edit list #4 dated 06/05/07 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUIRED The Andover City Council is requested to approve total claims in the amount of $368,084.67. 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" l r- on ~ ,..: o \0 00 '" N 0; .:.: u g~ o::~ .:.: 0 g ~ ..coD U <:: ~ :; .e:z: ~] ~r= :? Q.. r- N r- o o ~ ~ on o ~ '" ::3 '- o o ~ Q.. .:.: u " ..0 U ~ " :; "'- E o U Q.. < o o 5'\NDOV'ER4J (]) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN.US TO: CC: Mayor and Council Members ~~ Jim Dickinson, City Administrator David D. Berkowitz, City Engineer FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Accept Petition/Order Feasibility Reportl07-29/14555 Round Lake Blvd. NW/SS & WM - Engineering DATE: June 5, 2007 INTRODUCTION The City has received a petition from the property owner of 14555 Round Lake Blvd. NW requesting the improvement of sanitary sewer and water main (see attached petition), Project 07- 29. DISCUSSION Attached is a petition from the Anoka County Community Action Program, Inc. for sanitary sewer and water services. These utilities were provided to this lot when Round Lake Boulevard NW was reconstructed a couple of years ago. BUDGET IMP ACT The cost of the improvement fees would be assessed to the property owner over a 5 year period. ACTION REOUIRED The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer and water main for Project 07-29, 14555 Round Lake Boulevard NW. Respectfully submitted, Tt:tl'~ o Attachments: ResolutioiPetitio(& Location Mat cc: Patrick McFarland, ACCAP, 1201 89th Ave. NE, Suite 345, Blaine, MN 55434 o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN , PROJECT NO. 07-29 , IN THE AREA OF 14555 ROUND LAKE BOULEVARD NW. WHEREAS, the City Council has received a petition, dated Mav 11, 2007 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: o 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember City Council at a reaular meeting this 5th and adopted by the day of June, 2007, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor o Victoria Volk - City Clerk 0(- 2-'1 ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 1201 89th Avenue NE' Suite 345. Blaine, MN 55434' Phone 763-783-4747' FAX 763-783-4700' TTY 763-783-4724 E-mail: accap@accap.org A United Way Agency May 10, 2007 Mr. Dave Berowitz Andover City Engineer 1685 Crosstown Blvd NW Andover, MN 55304 RECEIVED ~AY I , 20" Re: Municipal Improvements 1 I ......;-r'iJ 1'\;;- ".... ., f L , "-. f-!. Ii).....'.- . ' .:. l' ~ A t;! I- P ""-,. .----_~_. ~ or L f t --.'. Dear Mr. Berowitz: We do hereby petition for improvements of water main and sanitary sewer with the costs of the improvements to be assessed against the benefiting property. o Said petition is unanimous and the public hearing may be waived. We would like to pay in full when assessed. The land to be assessed is 14555 Round Lake Blvd, Andover, MN 55304, The property owner is Anoka County Community Action Program, Inc" 1201 89th Avenue N.E" Suite 345, Blaine, MN 55434, Sincerely, aut~. / I Patrick MCFarl~ Executive Director ec: D()nna Mattson it o An Equal Opportunity Employer II r: 32 , R.24 o INDOVER THIS IS A COMPIlATION OF RECORDS AS THEY APPEAR IN THE .ANOKA COUNTY OFFICES AFFECTING THE AREA SHOWN. THIS DRAWING IS TO BE USED ONLY FOR REFERENCE PURPOSES AND THE COUN, TY IS NOT RESPONSIBLE FOR ANY IN, ".CCURACIES HEREIN CONTAINED. @ 5'9.... ~ O\Att-I 0 L... AKE - f>AKt: M J'tSSS ~~~ LA,.! 8LV (J) E V4 COliNE II SEC. 29 t ~ @ ~ ~ c o o (!) CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, City Engineer FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Accept Feasibility ReportlWaive Public Hearing/07-27/14124 Crosstown Boulevard NW/SS & WM - Engineering DATE: June 5, 2007 INTRODUCTION This item is in regards to approving the resolution accepting the feasibility report and waiving public hearing for Project 07-27, 14124 Crosstown Boulevard NW for sanitary sewer & water main. DISCUSSION This property is one half of an approved lot split back in February of 2005. The property owner just recently began constructing a new home on the property. The sanitary sewer and water main service stubs currently do exist to the property. The sanitary sewer and water main area charges were previously assessed, but the connection and lateral charges were not assessed at the time the sanitary sewer and water main were constructed. It has been past practice by the City Council not to assess adjoining property owners for sanitary sewer and water main trunk lines until the property owner petitions to connect to the systems. Feasibility Reoort The proposed assessment is based on the 2007 rates and the rates are as follows: Part A - Sanitarv Sewer Area Charge (Previouslv assessed under City Proiect 87-3) $0.00 Connection Charge $387 per unit x 1 unit = $387.00 Lateral Charge 100 feet x $38 per foot = $3.800.00 $4,187.00 Total (Sanitary Sewer) = o o o Mayor and Council Members June 5, 2007 Page 2 of2 Part B - Water Main Area Charge (Previously assessed under City Proiect 87-3) $0.00 Connection Charge $2,920 per unit x 1 unit = $2,920.00 Lateral Charge 100 feet x $38 per foot = $3.800.00 Total (Water Main) = $6,720.00 Total for Sanitary Sewer & Water Main = $10,907.00 BUDGET IMP ACT The $10,907.00 would be assessed over a 5 year period. ACTION REQUIRED It is recommended to approve the resolution accepting the feasibility report and waiving the public hearing for Project 07-27, 14124 Crosstown Boulevard NW. Respectfully submitted, ~Ak-- Todd Haas Attachments: Resolutio~etitio~ Location Ma( cc: Kenny Slyzuk, 15211 Nightingale Street NW, Andover o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 07-27 FOR SANITARY SEWER & WATER MAIN IN THE FOllOWING AREA OF 14124 CROSSTOWN BOULEVARD NW. WHEREAS, the City Council did on the 15th day of Mav , 2007, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by Citv Enaineer and presented to the Council on the 5th day of June , 2007 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and o WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 10.907.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 10.907.00 ,waive the Public Hearing and order improvements. and adopted by the day of June ,2007, with MOTION seconded by Councilmember City Council at a reaular meeting this 5th Council members in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o 01~81 o Date ~7'7/V? Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: o Said petition is unanimous and the public hearings for the feasibility report and assessments may be waived. We would like to be assessed over a 5 year period. Sincerely, Property Owner / /.~ ).'1 Yi V' S f - lr--' Address Ii e..- / ^ 1..-...1 z- V'-../ L City, State, Zip l5~ J /' IY i q it. Tl ~ Q.,. ! e . ~ r Phone (Home) {l J7 J 0 1/ e ~ .M \,t\ ~ ~ 0 i/' (Work) ) 1 Y\... . w. 7 (/;.,3- 7..5 7- 56 d- ~ 7?.3- 7.ss-bfJU )(~~~~ o " /7 e?J ,k ?.t:b~ _~!i I~v f/....~/,/<.j--1-1.J2,A/J /v!/Vv'--L ) '-IIZ-i.{ &5..sk.,.-....1 pf"d. ~~ G:\DA T A\ST AFF\RHONDAA\FORMS\PETiTJON,DOC tOtS9 NN "H3f\O(]NY /AN 15 ~IN U~9~ >U1Z!.15 AllYl'! 'i' N3>l P:1 .- _~""'_''"_'_~_I~'''' -...r-r""~:=::::~=--- ~~::i. 13rnI ~-;P.;2~ ~ :: :~_~-~~~-=-- !::..,- '\......-/ =$:::-~~~= ,- -.---. SH0S\3H 6:: o~ I- - ct CJ) I- o ....... CJ) ~ :::5 o CO ~ ~ t-..:: ~ fa CJ) o~ ~ ~ ~ &3 ~ ~ ~ t:: ~ "" "" "" "" / / / (/) ",/ I ,I ... I l..../,..J / "- , "" , "" , "" "" "" , "" "" "" '( \ , ;-/ .-, /: , , " '-' I "0 I . I -l L.U ;--;. .~- ,,-...- / ~_/ j-- / "r... \ '-' \ <-- , " \ ~~~ i'~~ i.1" :<~ \ \ ~ E z <5 :> ! jHi.lf j ! Hi1!h~1 I Ii hiHfi~~ . ;1 Hi~m~i i 'C 0'; i~.l'.' 1 -;';; ll~;JO ~~i I ~ ~li.im:: $ f !$~ . J" · .t 40' I,i ~ -A 'i ljH ; L.!. A 4.. ~ 4;; ~.,~~II'! j ~ ~i it-!iW~~ji H j! i i~ .jS i I it ;jlj~i !l-~ .. 5. a4i~ : j Hj ~~ 'fi~; .; !~ i! H' ~, .. _j ..i .8 .; .. ~ --- :<:;- Il~ i~. . l.~~ 1 i. j I~ ~ !~~ ~ . / / / $" ,:,.'" ~"'" ~.:f " ~ , ~ .3 " .. .. .... .. "...., ....-, ~ ~ .. 1!l~::; ~~ ~ilio o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator TO: Mayor and Council Members FROM: David D. Berkowitz, City Engineer SUBJECT: Receive Assessment Roll/Order Assessment Hearing/02-33/Andover Station North (Jay Street NW Construction) - Engineering DATE: June 5, 2007 o INTRODUCTION The City Council is requested to approve the resolution for the hearing on the proposed assessment for the improvement of Project 02-33, Andover Station North (Jay Street NW Construction). DISCUSSION Andover Station North (Jay Street NW) construction has been completed. As identified in the feasibility report prepared in November of 2004 the project improvements are being assessed to the Andover Economic Development Authority (EDA), Povlitzki (street assessment, residential and commercial properties) and Great River Energy. Refer to the attached assessment area map for the assessable properties. The total construction cost is $1,991,060.68. The City's Trunk Sewer Fund shall fund $43,944.20 for the over sizing of the sanitary sewer main. The City's Water Trunk Fund shall fund $24,670.00 for the over sizing of the water main and the EDA shall fund all environmental . construction costs which totals $461,524.60. The assessment costs (which include indirect costs) are as follows: Pov's Street Assessment $89,296.66 Povlitzki's Commercial (PI) $118,306.21 Povlitzki's Residential (P2) $210,322.15 Great River Energy (GR) $63,096.65 o The following are assessed to the EDA (includes indirect costs): Andover Station North Commercial (AI-A4) $790,022.58 Andover Station North Residential (A5) $458,765.19 Environmental $599,981.98 Park Dedication will fund the following: Andover Station North Outlot (Ball Fields) $157,741.61 o Mayor and Council Members June 5, 2007 Page 2 of2 The assessment hearing will be scheduled for 7:00 p.m., Tuesday, June 19, 2007 at the regular scheduled City Council meeting. BUDGET IMP ACT Improvements to Andover Station North (Jay Street Construction) are funded by special assessments to benefiting properties, City Trunk Sanitary Sewer and Water funds and potentially Tax increment Financing. ACTION REOUIRED The City Council is requested to receive the assessment roll and approve the resolution for the hearing on the proposed assessment for the improvement of Project 02-33, Andover Station North (Jay Street NW Construction). Respectfully submitted, o C)~.~~d David D. Berkowitz c:5 Attachments: Resolution, Assessment Role cc: Brad Povlitzki, 1364 Jefferson St., Ham Lake, MN 55304 Gary Ostrum, Great River Energy, 17845 E. Hwy 10, PO Box 800, Elk River, MN 55330 o o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 02-33, ANDOVER STATION NORTH FOR SITE GRADING. SANITARY SEWER. WATER MAIN. STREETS. STORM SEWER. TRAILS & SIDEWALKS. WHEREAS, by a resolution passed by the City Council on Mav 1. 2007 ,the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 02-33. Andover Station North . WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 19th day of June. 2007 ,in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. 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CO o ....: o ~ 0;; .,. to o ....: o ~ 0;; .,. to o ....: o ~ 0;; .... s o to- e:-ui m::::: :g~ III ., '" C. -00> C C CtI:c t:= "m .E E ~ 2 :J m:2 ~= .E "i "'-0 ~B - () III ., ..0= () 0 - () ~ ., "..0 ~.9 -0 ., C - III III m ~ C 0> Q) - E III ~i3 o C ag .1;; al ~ ~ Q) () "'-0 E ijj 2; III u;~ -0 III C _ III ., a; ~ ~ '" we:- :>.!!l :> .c Z III cn~ >-c III III ~ Q; ~m ~~ .~ Q; ~ ~ to- 5l JB o Z .. " = .. iO l:C iO 'u c .;: D.. <eI"--COf'o.,NvMO T-O~V(")NvO C\ia.iaicONcri.q:ci f'o.,O')T"""T"""f'o.,COCO ov<cvc:ocnc.c cO a vh rDh ~ vh "",,- v'l;t(l") N NT""" .... c:ocnOT"""C\jMVLO g8000000 NNNNNNNN o o o (0 CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Approve License Agreement with Anoka County/SCADA System for Monitoring Well- Engineering DATE: June 5, 2007 INTRODUCTION The City Council is requested to approve the License Agreement with Anoka County to allow the City to install a Supervisory Control and Data Acquisition System (SCADA) to monitor an existing well located near the gate house of Bunker Hills Regional Park. DISCUSSION As previously discussed with the City Council, the MnDNR is requiring the City to monitor well draw down levels near Bunker Lake to determine if there is a direct correlation between the draw down and ground water elevations. Anoka County Parks is allowing the City to utilize an existing well near the gate house to Bunker Hills Regional Park (near Bunker Lake Boulevard NW and Sycamore Street NW) to conduct the study. Attached is an agreement with Anoka County to utilize the well and allow the City to install a SCADA system to monitor the draw down. ACTION REOUIRED The City Council is requested to approve the License Agreement with Anoka County to allow the City to install a SCADA System at the Bunker Lake Regional Park gate house. Respectfully submitted, Q~o... David D. Berkowitz Attachments: License Agreement'/ o o o Anoka County Contract No. LICENSE AGREEMENT THIS LICENSE AGREEMENT is made and entered into this _ day of 2007, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "Property Owner," and the City of Andover, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as the "Licensee." In consideration of the mutual promises contained herein, the parties agree as follows: I. BACKGROUND; DESCRIPTION OF PREMISES Licensee desires to monitor the drawdown of one of its municipal wells on the Franconia Ironton Galesville aquifer. To measure the drawdown Licensee desires to use a well located near the Gate House at the north entrance to Bunker Hills Regional Park, at the location depicted in Exhibit A, which is attached hereto and incorporated herein by reference. In addition, Licensee desires to install a Supervisory Control And Data Acquisition System at the location depicted in Exhibit A. Licensee also desires to install a DSL line to the Gate House to transmit data collected by the Supervisory Control And Data Acquisition System. These areas are hereinafter collectively referred to as the "Premises." II. GRANT OF LICENSE Property Owner hereby grants to Licensee a license to install and maintain the Supervisory Control And Data Acquisition System on the Property Owner's well and the DSL line to Gate House. III. RESPONSIBILITIES OF LICENSEE A. Licensee shall assume all costs related to the installation, monitoring, and maintenance of the Supervisory Control And Data Acquisition System and DSL line. B. Upon termination of this license agreement, Licensee shall remove and assume and pay all costs related to the abandonment of and the removal of the Supervisory Control And Data Acquisition System and DSL line. C. Licensee shall restore the surface of the ground and repair any damages to Land Owner's property effected by the installation and removal of the Supervisory Control And Data Acquisition System and DSL line. D. The Property Owner shall be entitled to use the DSL line free of charge. o o o IV. TERMINATION The Property Owner may in its sole discretion terminate this agreement upon 90 days written notice to Licensee. Licensee may terminate this agreement at any time by providing the Property Owner 30 days written notice. V. INDEMNIFICATION The Property Owner shall not be liable to the Licensee, its agents, employees, customers, contractors, patrons, visitors, invitees, vendors or guests, or any other individual, corporation, or other. type of business concern or governmental body for any claim, loss, judgments, costs, injury, death or damage as a result of the construction, operation, maintenance, or removal of the monitoring wells granted by this License Agreement. Licensee agrees to and shall indemnify, hold harmless, and defend the Property Owner, its elected officials, employees, and agents against any claim, loss, judgments, costs, injury, death or damages, including attorney's fees, that the Property Owner may incur as a result of or. related to the placement, construction, operation, maintenance, or removal of the monitoring wells. IN WITNESS WHEREOF, the parties hereto have set their hands on the date so indicated. COUNTY OF ANOKA CITY OF ANDOVER By: Dennis D. Berg, Chair County Board of Commissioners By: Name: Dated: Its: Dated: ATTEST By: Terry L. Johnson County Administrator By: Name: Dated: Its: Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: 1:\CIVIDKlCONTRACT\2007\Andover license agreement-wells.doc -2- o o o (5) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator....-/' FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Wayside Horn AgreementJBNSF/06-10 - Engineering DATE: June 5, 2007 INTRODUCTION The City Council is requested to approve the Wayside Horn Agreement with Burlington Northern/Sante Fe (BNSF), Project 06-10. DISCUSSION City staff and the City Attorney have been working with the BNSF Railroad for several months on a Wayside Horn Agreement, which will allow the City to install Wayside Horns at Andover Boulevard NW and the tracks. For the most part, the BNSF was unwilling to change language in the agreement with exception to the strikeouts on the top of Page 4. The City Administrator has reviewed the insurance requirements with the City's insurance provider and the annual cost is relatively low. ACTION REOUIRED The City Council is requested to approve the Wayside Horn Agreement with Burlington Northern/Sante Fe (BNSF), Project 06-10. Respectfully submitted, O~0.' David D. Berkowitz Attachments: Wayside Horn Agreement/ cc: Lynn Leibfried, BNSF o o o WAYSIDE HORN AGREEMENT TIllS WAYSIDE HORN AGREEMENT (hereinafter called, this "Agreement"), is entered into effective as of ,200_, by and between BNSF Railway Company, a Delaware Corporation (hereinafter called, "BNSF"), and the City of Andover, Minnesota, a municipal corporation, (hereinafter called, the "Agency"). WITNESSETH WHEREAS, BNSF has grade crossing warning devices located at Andover Boulevard, LS 28, MP 130.99, DOT# 061578J, as indicated on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the Agency is installing its automated hom system pursuant to the requirements of 49 CFR Part 222, (hereinafter called, "Wayside Hom System") with the existing automatic grade crossing warning devices shown on Exhibit "A" subject to the mutual covenants contained in this Agreement; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. PURPOSE The purpose of this Agreement is as follows: provide for the ownership, installation and maintenance by Agency or its contractor of the Wayside Horn System and other related improvements at the Andover Boulevard at-grade crossing. Anoka County shall be party to the agreement ouly to acknowledge and approve of City of Andovers intent to have a wayside hom installed at the Andover Boulevard at-grade crossing. The County will have no obligation to uphold as part of this project. The wayside hom installation will be funded entirely with City funds, and all further maintenance and ownership shall be that of the City of Andover. 2. SCOPE OF WORK a. The Agency must provide BNSF in writing with the total preempt cycle time required from the start of the preempt cycle of Wayside Horn until the arrival of the train at the highway-rail crossmg. b. BNSF will provide an interface box with contact terminals, at Agency's expense on the side of the railroad instrument cabin. c. Agency or its contractor will place all necessary cable and conduit and hom confirmation signage ("Confirmation X") on Railroad property in accordance with Exhibit "A", attached to and made a part of this Agreement. d. The Agency or its contractor will connect the Wayside Hom System control signals to the contact terminals in the interface box including all necessary cable and conduit. e. BNSF will provide flagging services, at Agency's sole expense, necessary to protect BNSF train operations or BNSF property as set forth in more detail on Exhibit "c" attached to and made a part of this Agreement. f. The Agency or its contractor must install the new Wayside Horn System. g. An estimate of the actual costs for BNSF work (excluding flagging, which will depend upon contractor's activities) is shown on Exlnbit "B" attached to and made a part of this Agreement. Fonn 0109 Rev 09/28/06 In the event installation of the improvements has not commenced within six (6) months following the effective date of this Agreement, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth on Exhibit B. If the cost estimates are revised, the revised cost 0 estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit B not specifically mentioned therein may be included as a part of this Agreement upon written approval of the Agency, which approval will not be unreasonably withheld. h. The Agency must pay BNSF for the actual costs of any work performed by BNSF under this Agreement within thirty (30) days of the date of the invoice for such work, including flagging costs. During the construction of the improvements, BNSF may send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Upon completion of the improvements and all associated work, BNSF will send Agency a detailed invoice of final costs including flagging costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit B. Agency must pay the final invoice within ninety (90) days of the date of the [mal invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past our credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. 3. CONSTRUCTION AND MAINTENANCE a. BNSF will operate and maintain, at its expense, the necessary relays and the other materials required to preempt the Wayside Horn System with the grade crossing warning devices. b. BNSF will operate and maintain, at its expense, the grade crossing .warning devices up to the 0 contact terminals in the interface box. c. The Agency or its contractor must, at the Agency's expense, install the Way-Side Hom System up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. d. Following installation of the Wayside Hom System, the Agency will own, operate and maintain, at its expense, the Wayside Horn System up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. When any such maintenance requires BNSF flagging or changes to BNSF contact terminals, Agency or its designate shall pay BNSF for all costs associated with such work e. The Agency shall maintain the Wayside Hom System in an good and operative condition and in accordance with all applicable laws and regulations, including without limitation Appendix E of 49 CFR Part 222. f. Through this Agreement, BNSF does not waive any rights it may have under existing federal law to sound the locomotive hom in case of emergency, when the Wayside Hom System is malfunctioning, when active grade crossing warning devices have malfunctioned, when roadway workers are present or when grade crossing warning systems are temporarily out of service during inspection, maintenance, or testing of the system or as is otherwise necessary in the sole opinion ofBNSF. g. In the event Agency defaults on any of its obligations hereunder, including without limitation, Agency's obligation to maintain the Wayside Hom System in good and operative condition, BNSF, may, at its option, remove the Wayside Hom System at the sole cost and expense of 0 Agency. Upon removal of the Wayside Horn System, BNSF shall resume sounding the locomotive horn at the Andover Boulevard grade crossing. 4. PROTECTION OF UNDERGROUND SYSTEMS Fonn 0109 Rev 09/28/06 '2- o In the event installation of the improvements has not commenced within six (6) months following the effective date of this Agreement, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth on Exhibit B. If the cost estimates are revised, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit B not specifically mentioned therein may be included as a part of this Agreement upon written approval of the Agency, which approval will not be unreasonably withheld. . h. The Agency must pay BNSF for the actual costs of any work performed by BNSF under" this Agreement within thirty (30) days of the date of the invoice for such work, including flagging costs. During the construction of the improvements, BNSF may send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Upon completion of the improvements and all associated work, BNSF will send Agency a detailed invoice of final costs including flagging costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit B. Agency must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past our credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. 3. CONSTRUCTION AND MAINTENANCE o o a. BNSF will operate and maintain, at its expense, the necessary relays and the other materials required to preempt the Wayside Horn System with the grade crossing warning devices. b. BNSF will operate and maintain, at its expense, the grade crossing .warning devices up to the contact terminals in the interface box. c. The Agency or its contractor must, at the Agency's expense, install the Way-Side Horn System up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. d. Following installation of the Wayside Hom System, the Agency will own, operate and maintain, at its expense, the Wayside Hom System up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. When any such maintenance requires BNSF flagging or changes to BNSF contact terminals, Agency or its designate shall pay BNSF for all costs associated with such work e. The Agency shall maintain the Wayside Hom System in an good and operative condition and in accordance with all applicable laws and regnlations, including without limitation Appendix E of 49 CFR Part 222. . f. Through this Agreement, BNSF does not waive any rights it may have under existing federal law to sound the locomotive hom in case of emergency, when the Wayside Hom System is malfunctioning, when active grade crossing warning devices have malfunctioned, when roadway workers are present or when grade crossing warning systems are temporarily out of service during inspection, maintenance, or testing of the system or as is otherwise necessary in the sole opinion ofBNSF. g. In the event Agency defaults on any of its obligations hereunder, including without limitation, Agency's obligation to maintain the Wayside Hom System in good and operative condition, BNSF, may, at its option, remove the Wayside Hom System at the sole cost and expense of Agency. Upon removal of the Wayside Hom System, BNSF shall resume sounding the locomotive horn at the Andover Boulevard grade crossing. 4. PROTECTION OF UNDERGROUND SYSTEMS Form 0109 Rev 09/28/06 2- Q o c 5. a. Agency and its contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications or utility companies may be buried on BNSF's property or right-of-way. The Agency or its contractor must contact appropriate personnel to have the Lines located and make arrangements with the owner of the Lines regarding protective measures that must be followed prior to the commencement of any work on BNSF's property. The Agency or its contractor will be responsible for contacting BNSF's Engineering Representative (Manager Public Projects, 763.782.3492), BNSF's Signal Representative (Signal Supervisor, 763.782.3230), and the telecommunications or utility companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Agency or its contractor must also mark all Lines in order to verify their locations. Agency or its contractor must also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. b. Failure to mark or identify Lines will be sufficient cause for BNSF to stop construction at no cost to BNSF until these items are completed. c. In addition to the liability terms contained elsewhere in this Agreement and to the fullest extent provided by law, Agency and its contractor hereby indemnify, defend and hold harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attomey's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Agency or its contractor, subcontractors, agents and/or employees that cause or in any way or degree contribute to: (1) any damage to or destruction of any Lines on BNSF's property or within BNSF's right-of-way; (2) any injury to or death of any person employed by or on behalf of (a) any telecommunications or utility company, (b) Agency's contractor or subcontractors, or (c) Agency, and (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunications or utility company(ies).THE LIABILITY ASSUMED BY AGENCY OR ITS CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. d. Agency or its contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the installation or construction of the improvements. Agency and/or its Contractor must cooperate fully with any telecommunications or utility company(ies) in performing such rearrangements. INDEMNIFICATION a. Agency hereby indemnifies, defends and holds harmless BNSF for, from and against any and all claims, suits, losses, damages, costs and expenses for injury to or death to third parties or BNSF's officers and employees, and for loss and damage to property belonging to any third parties (including damage to the property ofBNSF officers and employees), to the extent caused by the negligence of the Agency or any of its employees, agents or contractors. The Agency also releases BNSF from and waives any claims for injury or damage to the Agency's highway traffic control signals, the Wayside Hom System, or other equipment which may occur as a result of any of the work provided for in this Agreement or the operation or the maintenance thereafter of any of the Agency's highway Wayside Horn System, the traffic control signals, cables, connections at and about the grade crossing. b. To the fullest extent permitted by law, Agency hereby releases, indemnifies, defends and holds harmless BNSF and BNSF's affi.1iated companies, partners, successors, assigns, legal representatives, officers, directors, employees and agents for, from and against any and all claims, suits, liabilities, losses, damages, costs and expenses (including, without limitation, attorneys fees and court costs) for injury to or death to Agency employees, agents or representatives arising out of, resulting from or related to any act or omission of Agency or any work performed on or about BNSF's property or right-of-way, including without limitation, the Form 0109 Rev 09/28/06 3 installation and maintenance of the Wayside Horn System by the Agency. THE LL\BILITY "A.SSUMED BY THE }.CENCY IN THIS PROVISION WILL NOT BE AFFECTED BY THE F}.CT, IF IT IS "A. Fi\CT, THAT THE DESTRUCTION, DAM"A.CE, DE}.TH OR 0 IN...'lJRY W}.S OCCf.SIONED BY OR CONTRmUTED TO BY THE NECLlCENCE OF R:ULROAD, ITS "A,CENTS, SER'l A..'l.lTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT TILH SUCH CU.IMS ARE PROXIMATELY CAUSED BY THE CROSS NECLlCENCE OR INTENTlON"\L M1SCONDUCT OF BNSF. c. The Agency further agrees, at its expense, in the name and on behalf ofBNSF, that it wiII adjust and settle any claims made against BNSF and will appear and defend any suits or actions at law or in equity brought against BNSF on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by the Agency under this Agreement for which BNSF is alleged to be liable. BNSF will give notice to the Agency in writing of the receipt of pendency of such claims and thereupon the Agency must proceed to adjust and handle to a conclusion such claims, and in the event ofa suit being brought against BNSF, BNSF may forward the summons and complaint or process in connection therewith to the Agency, and the Agency must defend, adjust or settle such suits and protect, indemnify, and save harmless BNSF from and against all damages, judgments, decrees, attomey's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. 6. AGENCY CONTRACTOR REOUlREMENTS a. While on or about BNSF property, Agency and its contractors must fully comply with BNSF's "Contractor Requirements" set forth in Exhibit "c" attached to and made a part of this Agreement. The "Contractor Requirements" include clearance requirements and personal protective equipment requirements. Agency and its contractors will be responsible for becoming familiar with BNSF's "Contractor Requirements". Prior to entering BNSF property, Agency's Contractor must execute Exhibit C-l attached to and made a part of this Agreement. Prior to entering BNSF property, each person providing labor, material, supervision or services 0 connected with the work to be performed on or about BNSF property must complete the safety training program (hereinafter called "BNSF Contractor Safety Orientation") at the following intemet website: "contractororientation.com". Agency must ensure that each of its contractors, employees, subcontractors, agents or invitees completes the BNSF Contractor Safety Orientation before any work is performed under this Agreement. Additionally, Agency must ensure that each and every contractor, employee, subcontractor, agent or invitee possesses a card certifying completion of the BNSF Contractor Safety Orientation prior to entering BNSF property. Agency must renew the BNSF Contractor Safety Orientation annually. b. c. Prior to entering BNSF property, Agency or its contractors must prepare and implement a safety action plan acceptable to BSNF. Agency must audit compliance with the plan during the course of Agency's work. A copy of the plan and audit results must be kept at the work site and will be available for inspection by BNSF at all reasonable times. 7. . INSURANCE Agency and/or its contractor must, at Agency and contractor's sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: a. Commercial General Liability insurance. This insurance must contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limited to the following: . Bodily Injury and Property Damage . Personal Injury and Advertising Injury · Fire legal liability 0 . Products and completed operations This policy must also contain the following endorsements, which must be indicated on the certificate of insurance: Form 0109 Rev 09/28/06 q c 6. o installation and maintenance of the Wayside Hom System by the Agency. THE LL\RILITY ASSUMED BY THE :\CENCY IN THIS PR-OVISJON WILL NOT BE }.FFECTED BY THE F}.CT, IF IT IS ... FACT, TIL-'.T THE DESTRUCTION, Di.M....CE, DEi.TH OR INu"JRY VI' AS OCC!.SIONED BY OR CONTRIBUTED TO BY THE NECLlCENCE OF RA.ILROAD, ITS ACENTS, gERV}L"ITS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT TIUT SUCH CU.Il\iS ARE PR-OXIl\UTELY C.\.USED BY THE CROSS NECLICENCE OR Th.T"fENTIONAL MISCONDUCT OF BNSF. c. The Agency further agrees, at its expense, in the name and on behalf ofBNSF, that it will adjust and settle any clallns made against BNSF and will appear and defend any suits or actions at law or in equity brought against BNSF on any clalln or cause of action arising or growing out afor in any manner connected with any liability assumed by the Agency under this Agreement for which BNSF is alleged to be liable. BNSF will give notice to the Agency in writing of the receipt of pendency of such claims and thereupon the Agency must proceed to adjust and handle to a conclusion such clallns, and in the event of a suit being brought against BNSF, BNSF may forward the summons and complaint or process in connection therewith to the Agency, and the Agency must defend, adjust or settle such suits and protect, indemnify, and save harmless BNSF from and against all damages, judgments, decrees, attomey's fees, costs, and expenses growing out of or resulting from or incident to any such clallns or suits. AGENCY CONTRACTOR REOUIREMENTS a. While on or about BNSF property, Agency and its contractors must fully comply with BNSF's "Contractor Requirements" set forth in Exhibit "c" attached to and made a part of this Agreement. The "Contractor Requirements" include clearance requirements and personal protective equipment requirements. Agency and its contractors will be responsible for becoming familiar with BNSF's ~'Contractor Requirements". Prior to entering BNSF property, Agency's Contractor must execute Exhibit C-I attached to and made a part of this Agreement. b. Prior to entering BNSF property, each person providing labor, material, supervision or services connected with the work to be performed on or about BNSF property must complete the safety training program (hereinafter called "BNSF Contractor Safety Orientation") at the following intemet website: "contractororientation.com". Agency must ensure that each of its contractors, employees, subcontractors, agents or invitees completes the BNSF Contractor Safety Orientation before any work is performed under this Agreement. Additionally, Agency must ensure that each and every contractor, employee, subcontractor, agent or invitee possesses a card certifying completion of the BNSF Contractor Safety Orientation prior to entering BNSF property. Agency must renew the BNSF Contractor Safety Orientation annually. c. Prior to entering BNSF property, Agency or its contractors must prepare and implement a safety action plan acceptable to BSNF. Agency must audit compliance with the plan during the course of Agency's work. A copy of the plan and audit results must be kept at the work site and will be available for inspection by BNSF at all reasonable times. 7. . INSURANCE o Agency and/or its contractor must, at Agency and contractor's sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: a. Commercial General Liability insurance. This insurance must contain broad form contractual liability with a combined single limit ofa minimum of$2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limited to the follo~ing: . Bodily Injury and Property Damage . Personal Injury and Advertising Injury . Fire legal liability . Products and completed operations This policy must also contain the following endorsements, which must be indicated on the certificate of insurance: Form 0]09 Rev 09/28/06 tf o . It is agreed that any workers' compensation exclusion does not apply to Railroad payments related to the Federal Employers Liability Act or a Railroad Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law. . The definition of insured contract must be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. . Any exclusions related to the explosion, collapse and underground hazards must be removed. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy. b. Business Automobile Insurance. This insurance must contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: . Bodily injury and property damage . Any and all vehicles owned, used or hired c. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: . Statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. . Employers' Liability (part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. d. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policymust be issued on a standard ISO form CG 00 35 IO 93 and include the following: . Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 3 I 10 93) . Endorsed to include the Limited Seepage and Pollution Endorsement. . Endorsed to remove any exclusion for punitive damages. . No other endorsements restricting coverage may be added. . The original policy must be provided to the Railroad prior to performing any work or services under this Agreement o e. Other Requirements: Agency agrees to waive its right of recovery against Railroad for all claims and suits against Railroad. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation endorsement. Agency further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under Agency's care, custody or control. Agency's insurance policies through policy endorsement, must include wording which states that the policy will be primary and non-contrIbuting with respect to any insurance carried by Railroad. The certificate of insurance must reflect that the above wording is included in evidenced policies. o All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) must include a severability of interest endorsement and Railroad must be named as an additional insured with respect to work performed under this agreement. Severability of interest and naming Railroad as additional insured must be indicated on the certificate of insurance. Agency is allowed to self-insure. Any deductible, self-insured retention or other financial responsibility for claims must be covered directly by Agency in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the provisions of this Agreement, G" Form 0109 Rev 09/28/06 be covered by Agency's insurance will be covered as if Agency elected not to include a deductible, self-insured retention or other financial responsibility for claims. Prior to commencing the Work, Agency must furnish to Railroad an acceptable certificate(s) of 0 insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) must contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision must be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate original of any required policy must be furnished. BNSF RISK MANAGEMENT 2500 Lou Menk Drive AOB-I Fort Worth. TX76131-2828 Fax: 817-352-7207 Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Railroad acknowledges Agency is insured through IRMA. Agency represents that this Agreement has been thoroughly reviewed by Agency's insurance agent(s)/broker(s), who have been instructed by Agency to procure the insurance coverage required by this Agreement. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above. If any portion of the operation is to be subcontracted by Agency, Agency must require that the subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional insured, and requiring that the subcontractor release, defend and indemnify 0 Railroad to the same extent and under the saine terms and conditions as Agency is required to release, defend and indemnify Railroad herein. Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a waiver of Agency's obligations hereunder. For purposes of this section, Railroad means "Burlington Northem Santa Fe Corporation", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. o Form 0 109 Rev 09/28/06 " be covered by Agency's insurance will be covered as if Agency elected not to include a deductible, self-insured retention or other financial responsibility for claims. o Prior to commencing the Work, Agency must furnish to Railroad an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) must contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision must be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate original of any required policy must be furnished. BNSF RISK MANAGEMENT 2500 Lou Menk Drive AOB-I Fort Worth. TX 76131-2828 Fax: 817-352-7207 Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Railroad acknowledges Agency is insured through IRMA. Agency represents that this Agreement has been thoroughly reviewed by Agency's insurance agent(s)lbroker(s), who have been instructed by Agency to procure the insurance coverage required by this Agreement. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above. o If any portion of the operation is to be subcontracted by Agency, Agency must require that the subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional insured, and requiring that the subcontractor release, defend and indemnify Railroad to the same extent and under the saine terms and conditions as Agency is required to release, defend and indemnify Railroad herein. Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a waiver of Agency's obligations hereunder. For purposes of this section, Railroad means "Burlington Northem Santa Fe Corporation", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. o " Form 0 1 09 Rev 09/28/06 o IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BNSF RAILWAY COMPANY By: Printed Name: Lvnn Leibfried Title: Manager Public Proiects CITY OF ANDOVER By: Printed Name: Mike Gamache Title: Mavor 0 By: Printed Name: Vicki V olk Title: City Clerk By: Printed Name: Jim Dickinson Title: City Administrator o Fonn 0109 Rev 09/28/06 7 o ANOKA COUNTY By: Printed Name: Dennis D. Berg Title: Chair. Board of Commissioners Attest: Printed Name: Terry L. Johnson Title: County Administrator Recommended for Approval By: Printed Name: Douglas W. Fischer. PE Title: County Highway Engineer Approyed as to Form By: Printed Name: Dan Klint Title: Assistant County Attorney o o Form 0109 Rev 09/28/06 s o ANOKA COUNTY By: Printed Name: Dennis D. Berg Title: Chair. Board of Commissioners Attest: Printed Name: Terrv L. Johnson Title: County Administrator Recommended for Approval By: Printed Name: Douglas W. Fischer. PE Title: County Highwav Engineer o Approved as to Form By: Printed Name: Dan Klint Title: Assistant County Attornev o Form 0109 Rev 09/28/06 t5 o o o / "'" ~p /\0 Exhibit A <1. LAW DEPARTMENT APPROVED EXHIBIT "e" CONTRACTOR REQUIREMENTS o 1.01 General 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of the Wavside Hom Svstem at Andover Boulevard at-grade crossing. 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-l" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit "C-l". 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion' of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. . 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby 0 indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. 1.01.06 The Contractor must notifY the Roadmaster at telephone number 218.384.4340 and Railway's Manager Public Projects, telephone number 763.782.3492 at least thirty (30) calendar days before commencing any work on Railway Property, Contractors notification to Railway, must refer to Railroad's file LS 28. DOT # 06l578J. 1.01.07 For any falsework above any tracks or any excavations located, whichever is greater, within twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1 Yz horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. o 1,0 o o o LAW DEPARTMENT APPROVED EXHIBIT "e" CONTRACTOR REQUIREMENTS 1.01 General 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of the Wavside Horn Svstem at Andover Boulevard at-grade crossing. 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-I" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit "C-I ". 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease it; in the opinion. of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. . 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. 1.01.06 The Contractor must notify the Roadmaster at telephone number 218.384.4340 and Railway's Manager Public Projects, telephone number 763.782.3492 at least thirty (30) calendar days before commencing any work on Railway Property. Contractors notification to Railway, must refer to Railroad's file LS 28. DOT # 0615781. 1.01.07 For any falsework above any tracks or any excavations located, whichever is greater, within twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1 Y, horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structura1 calculations of any falsework, shoring or cribbing. All calculations must take into consideration railway surcharge loading and mnst be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located.. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 10 o o o 1.02 Contractor Safety Orientation 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.contractororientlltion.com. The.Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. 1.03.02 The Contractor must notifY the Railway's Manager Public Projects at 763.782.3492 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. 1.03.03 The Contractor must abide by the following temporary clearances during construction: 15' Horizontally from centerline of nearest track 21' -6" Vertically above top of rail 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts . 28'-0" Vertically above top ofrail for electric wires carrying 750 volts to 15,000 volts 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts 1.03.04 Upon completion of construction, the following clearances shall be maintained: 25' Horizontally from centerline of nearest track 23'-3 \1," Vertically above top of rail 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the State of Minnesota and must not be undertaken until approved in writing by the Railway, and until the State of Minnesota has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approvaL 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell-tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell-tales or protective devices will be bome by the Agency. 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway for approval before work is undertaken and this work must not be undertaken until approved by the Railway. 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Private Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be at the expense of the Contractor. 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notifY the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. II Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's 0 Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan 1.04.0 I Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.eontraetororientation.eom, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. 1.05 Protection of Railway Facilities and Railway Flagger Services: 1.05.01 The Contractor must give Railway's Roadmaster (telephone 218.384.4340) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such serVices are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. o 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger and protective services and devices will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event oftip over or other catastrophic occurrence, but not limited thereto for the following conditions: 1.05.02a When in the opinion of the Railway's Representative it is necessary to safeguard Railway's Property, employees, trains, engines and facilities. 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. 1.05.02e When work in any way interferes with the safe operation of trains at timetable speeds. 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. 1.05.03 Flagging services will be performed by qualified Railway flaggers. 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. '0 1.05.03e The cost of flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be borne by the City of Andover..The estimated cost for one (I) flagger is $800.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger 12.. o Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.contractororientation.com. which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. 1.05 Protection of Railway Facilities and Railway Flagger Services: 1.05.01 The Contractor must give Railway's Roadmaster (telephone 218.384.4340) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such serVices are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. c 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger and protective services and devices will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: 1.05.02a When in the opinion of the Railway's Representative it is necessary to safeguard Railway's Property, employees, trains, engines and facilities. 1.05.02b. When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. 1.05.03 Flagging services will be performed by qualified Railway flaggers. 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. o 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. 1.05.03c The cost of flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be borne by the City of Andover. The estimated cost for one (I) flagger is $800.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger 1'2- c includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, transportation, meals, lodging and supervision. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. The flagging rate in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. 1.05.03d The average train traffic on this route is ~freight trains per 24-hour period at a timetable speed 49 MPH and n/a passenger trains at a timetable speed of n/a MPH. 1.06 Contractor General Safety Requirements 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet ofthe center line oftrack. o 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, tbe Railroad's representative in charge of the project must be notified. A minimum of two employees must be present at all times. 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.contractororientation.com. however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes, above-the-ankIe lace-up and a defined heel; and d) high visibility retro-reflective work wear. The Railroad's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi-visability work wear. Hearing protection, fall protection, gloves, and respirators must be wom as required by State and Federal regulations. (NOTE - Should there be a discreoancv between the information contained on the web site and the information in this oaral!raDh. the web site willl!overn.) o 1.06.09 The Contractor must not pile or store any materials, machinery or equipment closer than 25'-0" to the center line of the nearest Railway track. Materials, machinery or equipment must not be stored or left within 250 feet of any highway/rail at-grade crossings, where storage of the same will interfere with the sight distances of motorists r~ approaching the crossing. Prior to beginning work, the Contractor must establish a storage .area with concurrence of the Railroad's representative. 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be 0 in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. for all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF's Field Engineering Representative (763.782.3482). All underground and overhead wires will be considered IDGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of aU underground utilities before excavating. 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. o 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personneL 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting 1.09.01 The Railway is required to report certain injuries as a part of compliance with federal Railroad Administration 0 (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non-Employee Personal Injury Data Collection N o approaching the crossing. Prior to beginning work, the Contractor must establish a storage area with concurrence of the Railroad's representative. 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See intemet Engineering Contractor Safety Orientation program for more detailed specifications) 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF's Field Engineering Representative (763.782.3482). All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. o 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obs1l1lctions are encountered which do not appear on drawings. If the obs1l1lction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these ins1l1lctions. 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimi7.e the impact of such release. Q 1.09 Personal Injury Reporting 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail ifunable to contact in person) to the Railway's representative in charge of the project. The Non-Employee Personal Injury Data Collection /'7 o o o Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. I~ NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLEClED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WIlli FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. o Time: 4. Weather 1. Accident City/St County: (if non-Railway location) 2. Date: 3. Temperature: 5. Social Security # 6. Name (last, first, mil 7. Address: Street: City: St._Zip: 8. Date of Birth: and/or Age Gender: (if available) 9. (a) Injury: (i.e. (a) Laceration (b) Hand) (b) Body Part: 11. Description of Accident (To include location, action, result, etc.): 12. Treatment: ? First Aid Only ? Required Medical Treatment ? Other Medical Treatment o 13. Dr. Name 30. Date: 14. Dr. Address: Street: City: St_Zip: 15. Hospital Name: 16. Hospital Address: Street City: St:_ Zip: 17. Diagnosis: FAX TO RAILWAY AT (817)352-7595 AND COPY TO RAILWAY ROADMASTER FAX o lb o o o NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUlRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WIlli FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBll.-ITY OR LIABll.-ITY. 1. Accident City/St County: (if non-Railway location) 2. Date: 3. Temperature: 5. Social Security # 6. Name (last, first, mi) 7. Address: Street: City: 8. Date of Birth: and/or Age Gender: (if available) 9. (a) Injury: (i.e. (a) Laceration (b) Hand) (b) Body Part: II. Description of Accident (To include location, action, result, etc.): 12. Treatment: ? First Aid Only ? Required Medical Treatment ? Other Medical Treatment 13. Dr. Name 30. Date: 14. Dr. Address: Street: City: 15. Hospital Name: 16. Hospital Address: Street: City: 17. Diagnosis: FAX TO RAILWAY AT (817)352-7595 AND COPY TO RAILWAY ROADMASTER FAX lb Time: 4. Weather St._ Zip: St:_Zip: St:_Zip: o o o LAW DEPARTMENT APPROVED EXIllBIT "C-l" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR BNSF RAILWAY COMPANY Attention: Manager Public Projects Railway File: Agency Project: Wayside Horn System, Andover Boulevard, Andover, MN Gentlemen: The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contracf')dated , 200_ with the City of Andover for the performance of certain work in connection with the following project; Wavside Hom Svstem at the Andover Boulevard at-grade crossing. Performance of such work will necessarily require contractor to enter BNSF RAIL WAY COMPANY ("Railway") right of way and property ("Railway Property"). The Contract provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for the City of Andover (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAIMED. Nothing in this agreement is intended to be construed as a requirement for the indemnification against the sole negligence of the Railway, its officers, employees or agents for any work relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith, performed in the State of Washington. Indemnification against liability for damages arising out of bodily injury to persons or damage to property for any work relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, n development, or improvement attached to real estate, including moving and demolition in connection therewith, performed in the State of Washington and caused by or resulting from the concurrent negligence of the Railway and the Agency and its agents or employees will be enforceable only to the extent of the negligence of the Agency and its agents and ~~ 0 Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor nnder this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summous and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attomey's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. It is mutually nnderstood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. Section 2. TERM This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. Section 3. INSURANCE Contractor must, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance must contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limit to the following: . Bodily Injury and Property Damage . Personal Injury and Advertising Injury . Fire legal liability . Products and completed operations o This policy must also contain the following endorsements, which must be indicated on the certificate of insurance: . It is agreed that any workers' compensation exclusion does not apply to Railroad payments related to the Federal Employers Liability Act or a Railroad Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law. . The definition of insured contract must be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. . Any exclusions related to the explosion, collapse and underground hazards must be removed. No other endorsements limiting coverage as respects obligations under this_Agreement may be included on the policy. B. Business Automobile Insurance. This insurance must contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: . Bodily injury and property damage . Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: . Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance ~ust cover all employees anyway. o \'0 o development, or improvement attached to real estate, including moving and demolition in connection therewith, performed in the State of Washington and caused by or resulting from the concurrent negligence of the Railway and the Agency and its agents or employees will be enforceable only to the extent of the negligence of the Agency and its agents and employees. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. Section 2. TERM This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. Section 3. INSURANCE Contractor must, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: o A. Commercial General Liability insurance. This insurance must contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limit to the following: . Bodily Injury and Property Damage . Personal Injury and Advertising Injury . Fire legal liability . Products and completed operations This policy must also contain the following endorsements, which must be indicated on the certificate of insurance: . It is agreed that any workers' compensation exclusion does not apply to RaUroad payments related to the Federal Employers Liability Act or a RaUroad Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law. . The definition of insured contract must be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. . Any exclusions related to the explosion, collapse and underground hazards must be removed. No other endorsements limiting coverage as respects obligations under this_Agreement may be included on the policy. B. Business Automobile Insurance. This insurance must contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: . Bodily injury and property damage . Any and all vehicles owned, used or hired o C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: . Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance ~ust cover all employees anyway. \'0 . Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. o D. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 10 93 and include the following: . Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) . Endorsed to include the Limited Seepage and Pollution Endorsement. . Endorsed to remove any exclusion for punitive damages. . No other endorsements restricting coverage may be added. . The original policy must be provided to the Railroad prior to performing any work or services under this Agreement Other RequirementS: All policies (applying to coverage listed above) must not contain an exclusion for punitive damages and certificates of insurance must reflect that no exclusion existS. .Contractor agrees to waive its right of recovery against Railroad for all claims and suits. against Railroad. In addition, its msurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under contractor's care, custody or control. Contractor's insurance policies through policy endorsement, must include wording which states that the policy is primary and non-contributing with respect to any insurance carried by Railroad. The certificate of insurance must reflect that the above wording is included in evidenced policies. o All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) must include a severability of interest endorsement and Railroad must be named as an additional insured with respect to work performed under this agreement. Severability of interest and naming Railroad as additional insured must be indicated on the certificate of insurance. Contractor is not allowed to self-insure without the prior written consent of Railroad. If granted by Railroad, any deductible, self-insured retention or other financial responsibility for claims must be covered directly by contractor in lieu of insurance. Any and all Railroad liabilities that wonld otherwise, in accordance with the provisions of this Agreement, be covered by contractor's insurance will be covered as if contractor elected not to include a deductible, self-insured retention Of other financial responsibility for claims. Prior to commencing the Work, contractor must furnish to Railroad an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) must contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notifY Railroad in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision must be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate original of any required policy must be furnished. Contractor should send the certificate(s) to the following address: BNSF RlSK MANAGEMENT 2500 Lou Menk Drive AOB-I Fort Worth.. TX 76131-2828 Fax: 817-352-7207 Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. o Contractor represents that this Agreement has been thoroughly reviewed by contractor's insurance agent(s)lbroker(s), who have been instructed by contractor to procure the insurance coverage required by this Agreement. Allocated Loss Expense must be in addition to all policy limits for coverages refefenced above. 19 Not more frequently than once every five years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by contractor, contractor must require that the subcontractor 0 provide and maintain the insurance coverages set forth herein, naming Railroad as an additional insured, and requiring that the subcontractor release, defend and indemnify Railroad to the same extent and under the same terms and conditions as contractor is required to release, defend and indemnify Railroad herein. Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a waiver of contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by contractor will not be deemed to release or diminish the liability of contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad will not be limited by the amount of the required insurance coverage. For purposes of this section, Railroad means "Burlington Northern Santa Fe Corporation", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Section 4. EXlllBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit "COO attached to the Contract and this Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. .Section 5. TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. o For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevantto any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains may be as high as $50,000.00 per incident. Contractor and its subcontractors must give Railway's representative (218.384.4340, Roadmaster) two (2) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work 0 windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. 2J) o o o Not more frequently than once every five years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by contractor, contractor must require that the subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional insured, and requiring that the subcontractor release, defend and indemnify Railroad to the same extent and under the same terms and conditions as contractor is required to release, defend and indemnify Railroad herein. Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a waiver of contractor's obligatious hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by contractor will not be deemed to release or diminish the liability of contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad will not be limited by the amount of the required insuran~e coverage. For purposes of this section, Railroad means "Burlington Northern Santa Fe Corporation", "BNSF RAIL WAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. Section 4. EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit "C" attached to the Contract and this Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 5. TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as finther provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodaJ, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attnbutable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevantto any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains may be as high as $50,000.00 per incident. Contractor and its subcontractors must give Railway's representative (218.384.4340, Roadmaster) two (2) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. 2P Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. o Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this letter, which, upon execution by Railway, will constitute an Agreement between us. ( Contractor) BNSF Railway Company By: Printed Name: Title: By: Name: Manager Public Projects Contact Person: Address: Accepted and effective this _day of20 . City: Fax: Phone: E-mail: State:_Zip:_ o o Z-I Q CITY OF NDOVE .(1) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator TO: Mayor and Council Members FROM: David D. Berkowitz, City Engineer SUBJECT: Order Plans & Specs/06-10/Railroad Quiet Zones - Engineering DATE: June 5, 2007 INTRODUCTION The City Council is requested to order plans and specifications for City Project 06-10, Railroad Quiet Zones. o DISCUSSION A project to construct a Railroad Quiet Zone at Bunker Lake Boulevard NW has been identified in the City's 2007-2011 CIP for construction in 2007. City staff along with Dave McKenzie with SEH have been working with the BNSF Railroad to create the Railroad Quiet Zone. A draft set of the plan has been sent to all involved parties for review and comment. The Federal Rule requires a 60 day review period. The plans will be presented to the City Council on June 19th for approval. Once the 60 day review is complete, the City will make the requested changes and open the bids for the project. Due to the 60 day review period, the project will not be awarded until the August 7th City Council meeting. The project is scheduled to begin in mid to late August and be completed by mid to late October. BUDGET IMP ACT The Bunker Lake Boulevard Railroad Quiet Zone project shall be funded by the City's Road and Bridge Fund utilizing previously allocated State Aid dollars. ACTION REOUIRED The City Council is requested to approve the resolution ordering the preparation of plans and specifications for Project 06-10, Railroad Quiet Zones. Respectfully submitted, o ~,K.o"~~ David D. Berkow~ Attachments: Resolution / cc: Lynn Leibfried, BNSF o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 06-10 FOR RAILROAD QUIET ZONES. WHEREAS, the City Council is cognizant of the need for the railroad quiet zones; and NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and specifications for the improvement of Railroad Quiet Zones, Project 06-10; and o BE IT FURTHER RESOLVED by the City Council to hereby direct prepare the plans and specifications for such improvement project. to MOTION seconded by Council member City Council at a reQular meeting this 5th Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. and adopted by the day of June , 2007 , with voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o o o o (T) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: CertifY Delinquent Special Assessments roject 05-22/Hanson Meadows DATE: June 5, 2007 INTRODUCTION The developer of Hanson Meadows, Project 05-22, has failed to pay the fIrst half principal and interest on the special assessments that was due on April 15, 2007. DISCUSSION Normally we would collect the balance due from the Letter of Credit provided by the developer. However, a Letter of Credit was not provided for this project. Pursuant to the terms of the development contract Council can certifY the total unpaid balance of the assessments to the property taxes for collection. ACTION REOUlRED Council is requested to adopt the attached resolution certifying the unpaid special assessments to the 2008 property taxes for the 2 parcels that are unpaid in the amount of $12,511.28. Respectfully submitted, tl:.L. ();/t Vicki V olk City Clerk Attach: Resolution Development Contract o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION R A RESOLUTION CERTIFYING TO THE COUNTY AUDITOR FOR COLLECTION UNPAID SPECIAL ASSESSMENTS. The City Council of the City of Andover hereby resolves: Pursuant to Article Three, Section d. of a Development Contract between the City of Andover and NBL Financial Corporation, the charges on attached Exhibit A for properties in Hanson Meadows are hereby certified to the County Auditor to be placed on o the tax rolls and collected with the 2008 property taxes. Adopted by the City Council of the City of Andover this 5th day of June" 2007. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk o o PIN 34 32 24 44 0085 34 32 24 44 0086 o o~ Hanson Meadows - Project 05-22 Lot 2 3 Block 1 1 PrinciDal $5,877.34 $5,877.34 Interest $378.30 $378.30 Total Due $6,255.64 $6,255.64 o o o 111111111111111111111111111111111111111111111 Record ID 1562996 1975613.003 DEVELOPMENT CONTRACT (City Installed Improvements) THIS AGREEMENT made this 19th day of October , 2004, is by and between the City of Andover, whose address is 1685 Crosstown Boulevard NW, Andover, Minnesota 55304, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City", and NBL Financial Corporation, a Minnesota corporation, whose address is 1550-9151 Avenue NE, Blaine, Minnesota, 55449, hereinafter referred to as the "Developer". WHEREAS, the Developer has received approval from the City Council for a proposed plat of land within the corporate limits of the City to be known as. Hanson Meadows; and WHEREAS, the Developer desires final plat approval prior to completion of on-site improvements such as site grading, etc. as required under the Subdivision City Code of the City of Andover and prior to any construction of streets, trails/sidewalks and utility improvements; and WHEREAS, the Developer has requested that the City construct and finance certain improvements to serve the plat; and -1- o o o WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the plat; and WHEREAS, said City Subdivision City Code and Minnesota Statute 462.358 authorizes the City to enter into a Development Contract secured by cash escrow or irrevocable letter of credit to guarantee completion and payment of such improvements following final approval by the City Council and prior to recording of final plat at Anoka County; and WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City installed improvements to the benefited property. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: ARTICLE ONE DESIGNATION OF IMPROVEMENTS Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements". Improvements tobe installed by the City and financed through assessment procedures are hereinafter referred to as "City Improvements". ARTICLE TWO DEVELOPER'S IMPROVEMENTS The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: A. The Developer shall do all site grading including the front 100 feet of the lots (unless otherwise determined and approved by the City Engineer), common greenway, parks, trails/sidewalks and open spaces, storm water storage ponds and surface drainage ways including sodding of boulevards, all in accordance with the approved grading, drainage and site plan. Furthermore such grading shall provide for a buildable area on each lot in such size as required by Andover City Code #11. Upon completion of all -1- o grading, Developer's engineer shall certify in writing that the plat is graded to the approved plans and that all unbuildable soils are removed within the street right-of-way and within the buildable area identified herein. The yard shall be graded to allow the construction of a driveway. A grading, drainage and erosion control plan with maximum two foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. Also, the Developer agrees prior to commencement of construction to call a pre-construction meeting between the City, Developer and contractors for the site grading. B. The Developer shall control soil erosion insuring: 1. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan as part of the grading and drainage plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. The developer shall also submit a copy of their Storm Water Pollution Prevention Plan (SWPPP) to the City prior to commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. o 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at anyone period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area and also seeded, mulched, and disk anchored. The topsoil shall be restored to a depth of at least four (4) inches, and shall be of a quality at least equal to the soil quality prior to development. o C. The Developer shall be responsible to maintain the required tree protection during all grading activities until removal is approved by the City's Natural Resources Technician. Upon issuance of a building permit for a lot, the Developer is responsible to notify the builders and/or individual owners within the development that they assume and are responsible for erosion control, including sodding of boulevards, seeding or sodding of the front and side yards of all lots, tree protection and protection of water and sewer services. Such notification shall not relieve the Developer of the responsibility for such items as required under this contract. Any violation will be cause for red tagging the site by the City Building Official, or designee, and all inspections will cease until corrected. -2- o D. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all streeVutilities (public and private) and lawn grading has been completed in order to preserve the lot markers for future property owners. E. The Developer shall pay for the installation of all standard street signs at all locations required for the development as determined by the City Engineer. The Developer has the option of installing the signs per City design and installation requirements or the City shall install all such sign age and the Developer shall reimburse the City for the cost thereof by payment in advance to the City of the estimated cost thereof. F. The Developer shall be responsible for street and storm sewer maintenance, including curbs, boulevards, sod, street sweeping and storm sewer cleaning until the 95% of the homes are constructed upon the lots. The City's Natural Resources Technician will conduct site visits to ensure compliance. Staff will contact the Developer in writing and give a timeframe to meet compliance. If this is not met, the City will sweep the streets and invoice the Developer for time spent. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the street becomes impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the developer shall maintain a smooth driving surface and adequate drainage on all temporary streets. Performance shall be guaranteed by the financial guarantee recited herein. o G. The Developer shall furnish street lights in accordance with the City's Street Lighting City Code #8. The Developer shall also conform to City Code #8 in all respects. The City shall order the street lights and the Developer shall reimburse Connexus Energy for all such costs of purchasing the street lights. General Requirements: 1. Street lighting shall be owned, installed, operated and maintained by Connexus Energy. City and Connexus Energy shall enter into a contractual agreement on the rate and maintenance of the street lighting system. 2. It shall be the responsibility of the Developer to: a. Advise all lot purchasers of their responsibility for street lighting operating charges. b. Pay for street light charges for all lots owned by the Developer. o H. The Developer shall dedicate and survey all storm water holding ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion and acceptance of the development. The Developer grants the City the right to enter upon the property to perform all functions required under this contract and City Codes. Performance shall be guaranteed by the financial guarantee recited herein. -3- o Furthermore, the Developer shall dedicate to the City, as part of the final plat, at no cost to the City, all permanent easements necessary for the construction and installation of the City Improvements as determined by the City. All other such as temporary easements required by the City shall be in writing, in recordable form, containing such terms and conditions as determined by the City. I. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading and prior to the Developer awarding construction contracts for Developer Improvements. J. The Developer shall make provision that all gas, telephone, cable television (if available) and electric utilities shall be installed to serve the development. K. On a corner lot, the front entrance shall face a designated front yard as determined by the City and the assigned address. o L. The Developer shall construct a group of mailboxes of a uniform design that is clustered at specific locations approved by the City and coordinated with the United States Post Office. M. The Developer shall provide a licensed professional engineer or their duly authorized representative to oversee at the Developer's expense the Developer's Improvements identified in Article Two until such improvements are completed and accepted by the City. o N. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements identified in Article Two and hereby guarantees workmanship and materials for a period of one (1) year after acceptance of the City. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or an Irrevocable Letter of Credit, on the total estimated cost of Developer's Improvements as identified in Article Two. The Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Andover and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. In the event of a default by Developer and after thirty (30) days prior written notice to Developer, the City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of performing the terms and conditions of this contract. The City will state the reason for withdrawal and account for any amount withdrawn. The Irrevocable Letter of Credit shall automatically be renewed or replaced by not later than thirty (30) days prior to its expiration with a comparable letter until the Developer has completed to the satisfaction of the City the improvements required herein. -4- o o o 1. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of the reduction shall be determined and approved by the City Engineer and the Finance Director if there is a dispute in the reduction amount, the City Administrator shall review the reduction amount. If the dispute can not be resolved by the City Administrator the reduction request will go to the City Council. Upon written final acceptance of the sodding and Landscape (Item 6 & 7), a one year warranty bond shall be provided to the City by the Developer based on 25% of the final costs for sodding & Landscape identified in Part N. of Article Two unless otherwise directed by the City Engineer. When the warranty bond is received by the City the sodding and Landscape escrow will be reduced to zero. Estimated cost of Developer's Improvements for Article Two, the description and completion dates are as follows: Estimated Description of Improvements Cost 1. Site grading, certification letter and $15,000.00 as-builts 2. Street lighting $NA 3. Lot stakes $150.00 4. Dead and/or Diseased tree removal $500.00 5. Erosion control/street $500.00 sweeping/tree protection 6. Sodding of boulevard (if required in $NA common areas) 7. Landscaping improvements $NA 8. Other $ Na Total Estimate of Part A (Items 1-8) $16,150.00 Estimated Legal, Engineering & . $2422.50 Administrative, Indirect Costs (15%) Security Requirement Part A $18,500.00 (150%) Total $18,500.00 Date to be Completed July 29, 2005 July 29, 2005 July 29, 2005 On-Going ARTICLE THREE CITY INSTALLED IMPROVEMENTS A. In accordance with the policies and City Codes of the City, the following described improvements (hereinafter collectively called the "Improvements"), as referenced in the streeUutility plans and specifications that has been prepared by the City -5- and/or the City's Consulting Engineer and adopted by the City Council shall be o constructed and installed by the City to serve the Subdivision on the terms and conditions herein set forth: 1. Street grading, graveling and stabilizing, including construction of berms and boulevards (hereinafter called "Street Improvements"); o o 2. Storm sewers, when determined to be necessary by the City Engineer, including all necessary mains, catch basins, inlets and other appurtenances (hereinafter called "Storm Sewer Improvements"); 3. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances (hereinafter called "Sanitary Sewer Improvements"); 4. Watermains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances (hereinafter called "Watermain Improvements"); 5. Permanent street surfacing, sidewalks/trails (when required) including concrete curb and gutter (hereinafter called "Permanent Street Improvements"). Permanent street surfacing shall include the costs associated with the first seal coat for the new streets. Cost shall be adjusted annually by City Code Fee Schedule. 6. Standard street name signs at all newly opened intersections (hereinafter called "Traffic Signing Improvements"). The City shall design the street sign layout. 7. a. Construction Procedures. All such improvements set out in Paragraph A.1-6 above shall be instituted, constructed and financed as follows: The City shall commence proceedings pursuant to Minnesota Statute 429 providing that such improvements be made and assessed against the benefited properties. After preparation of preliminary plans and estimates by the City Engineer, an improvement hearing, if required by law, will be called by the City Council for the purpose of ordering such improvements. After preparation of the final plans and specifications by the City Engineer, bids will be taken by the City and contract awarded for the installation of improvements under the City's complete supervision. b. Security. Levv of Special Assessments and Required Payment Therefor. Prior to the awarding of the bid by the City Council of said improvements, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to one hundred five percent (105%) of the total estimated cost of said improvements per the approved feasibility report or as established by the City Engineer. -6- SECURITY REQUIREMENT (105%): $ To be ass ssed o Said cash escrow, including accrued interest thereon, or letter of credit, may be used by the City upon default by Developer in the payment of special assessments pursuant hereto, whether accelerated or otherwise. That such cash escrow or letter of credit shall remain in full force and effect throughout the term of the special assessments, except, the amount of such escrow or letter of credit may be reduced, upon the request of the Developer in writing, at the City's option, but in no event shall be less than the total of the outstanding special assessments against all properties within the Subdivision. The entire cost of the installation of such improvements, including any reasonable engineering, legal and administrative costs incurred by the City, shall be assessed against the benefited properties within the Subdivision in eight (8) equal annual installments with interest on the unpaid installments at a rate not to exceed the maximum allowed by law. All special assessments levied hereto shall be payable to the City Clerk in semi-annual installments commencing on April 15 of the year after the levy of such assessment and on each September 15 and April 15 thereafter until the entire balance plus accrued interest is paid in full unless paid earlier pursuant to Paragraph A.7.c herein. In the event any payment is not made on the dates set out herein, the City may exercise its rights pursuant to Paragraph A.7.d hereof. The Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. In the event the total of all City Installed Improvements is less than originally estimated by the City Engineer in his feasibility report, Developer waives all rights they have by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of amounts, or the procedure used by the City in levying the assessments and hereby releases the City, its officers, agents, and employees from any and all liability related to or arising out of the levy of the assessments. o c. Required Payments of Special Assessments bv Developer. Developer, its heirs, successors or assigns hereby agrees that within thirty (30) days after the issuance of a certificate of occupancy for a residence on a lot located within the Subdivision which is assessed for the cost of such improvements, the Developer, its heirs, successors or assigns, agrees, at its own cost and expense, to pay the entire unpaid improvement costs assessed or to be assessed under this agreement against such property. o If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to the Engineer's estimate of the special assessments for such improvements that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the -7- c City shall pay the Developer any surplus arising from the payment based upon such estimate. o d. Acceleration Upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein contained to be performed by the Developer, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat, or fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City, at its option, in addition to its rights and remedies hereunder, after ten (10) days' written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided in Paragraph A.7.b hereof. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to M.S. 429.061, Subd. 3 for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest,. including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. Also, if Developer violates any term or condition of this agreement, or if any payment is not made by Developer pursuant to this agreement the City, at its option, may refuse to issue building permits to any of the property within the plat on which the assessments have not been paid. ARTICLE FOUR RECORDING AND RELEASE The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in Article Three, Section A.7.c. o ARTICLE FIVE REIMBURSEMENT OF COSTS The Developer agrees to fully reimburse the City for all costs incurred by the City in -8- c o o connection with this Development Contract including, but not limited, to the actual costs of preparation of the plans and specifications for said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation of the aforementioned improvements. Furthermore, the Developer agrees to deposit with the City such sums REASONABLY REQUIRED BU THE City and relating to the costs described in the preceding paragraph. The amounts of such deposits shall be shown in Exhibit A (Fee Schedule) attached hereto and made a part hereof and adopted by City Code. Said amount shall bear no interest and the City shall have the right to pay all fees and expenses and costs which are the obligations of the Developer under this contract from the aforementioned escrow deposit. Any monies remaining after the payment of said fees and costs shall be returned to the Developer any disputes regarding said fees shall be resolved in accordance with MS 462.353 and 462.361. ARTICLE SIX BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY Where a platted street intersects an existing publicly maintained road, the City Building Official will only issue building permits on lots that are within 150 feet of a hard surfaced roadway. In the event lots are more than 150 feet from a hard surfaced roadway~ the Developer shall construct a gravel service road to provide access to these lots as required by the City. The Developer shall submit a plan to the City for approval identifying the location of the proposed access roads and the lots being requested for building permits. Building permits can be requested for the remaining lots within the development after the first lift of the asphalt has been installed on the street. The City shall require that a "Hold Harmless Agreement" be provided by the Builder if the drainage improvements serving the development (i.e. ponds, outlet structures, and overflow pipes) are not completed . prior to a building permit being issued. No certificate of occupancy will be issued on any lot that abuts a pond unless the pond infrastructure is completed according to the City approved plan. No Certificate of Occupancy permit shall be issued for any house in the plat until the following have been completed: A. An as-built plan of the development and a letter from the Developer's engineer -9- o certifying the plat has been graded according to the grading, drainage and erosion control plan as approved by the City. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued. B. Removal/treatment of all dead, dying or diseased trees, as determIned by City's Natural Resources Technician, from the property at the Developer's expense or escrow for any remaining trees that will need to be removed. Stockpiling the dead trees on the lot for resident's removal for firewood will be acceptable only after the lot has been graded to plan. C. The first lift of street asphalt surface, sanitary sewer, storm sewer and water main, has been constructed, considered operational, and approved by the City Engineer. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being requested to allow adequate time for an inspection to be completed of all the required improvements.. o The Developer further agrees that they will not cause to be occupied, any premises constructed upon the plat or any property within the plat until the completion of the gas, electric, telephone, cable television (if available), streets to asphalt surface, sanitary sewer, storm sewer and water main, unless the City has agreed in writing to waive this requirement as to a specific premises. Seeding and sodding of the lot shall be completed as specified by City Code #9, Chapter 10. In the event a lot is not seeded or sodded and does not have the 4 inches of black/organic dirt spread prior to issuance of a Certificate of Occupancy, the builder shall post a $2,500 cash escrow to assure that the lot will have black dirt and a lawn established within six months. Escrowing prior to issuance of the Certificate of Occupancy shall also be required for all other incomplete items. The City Building Official will issue a stop work order for any violations relating to silt fencing, erosion control and tree protection. ARTICLE SEVEN CLEANUP Developer shall promptly clean dirt and debris from streets that has resulted from construction by the Developer, its agents or assigns. Performance shall be guaranteed by the financial guarantee recited herein. The City reserves the right to perform such work as necessary and will invoice all costs to the Developer if not completed within the timeframe o set by the Natural Resources Technician in a written notice. The Developer shall be responsible for rubbish and/or construction debris blown off the building site or the -10- development. o ARTICLE EIGHT OWNERSHIP OF IMPROVEMENTS Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. ARTICLE NINE INSURANCE Developer and/or all its subcontractors shall take out and maintain during and until one (1) year after the City has accepted Developer Improvements identified in Article Two, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars o for each occurrence; limits for property damage shall be not less than Two Hundred Thousand and no/100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to any construction by the Developer's contractor. The certificate shall provide that the City must be given ten (10) days advan.ce written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. ARTICLE TEN REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees. o ARTICLE ELEVEN V AUDITY If any portion, section, subsection, sentence, clause, paragraph or phrase in this -11- contract is for any reason held to be invalid by a court of competent jurisdiction, such o decision shall not affect or void, any of the other provisions of the Development Contract. ARTICLE TWELVE GENERAL A. Bindino Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. Notwithstanding the foregoing individual homeowners shall not be obligated to perform Developer's obligations hereunder. B. Notices. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (retum receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approved. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and of all required petitions and security. o D. Incorporation by Reference. All plans, special proVISions, proposals, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. E. Assionment and Third Party Benefits. This development contract cannot be assigned or transferred without the written consent of the City, which shall not be unreasonably withheld. There is no intent to benefit any third parties and third parties shall have no recourse against the City under this contract. F. Clerical Revisions. In the event that any technical or clerical revisions are needed in this document or if for any reason the County Recorder deems the development contract un-recordable, the Developer shall cooperate with the City in the execution or amendment of any revised development contract. c ARTICLE THIRTEEN REMEDIES FOR VIOLATIONS OF CONTRACT In the event the Developer, builder, or any subcontractor violates any of the covenants and agreements contained in this Development Contract and that may be -12- o o o performed by the Developer, builder, or subcontractor, the City, at its option, in addition to the rights and remedies as set out hereunder, may refuse to issue building permits to any property within the plat until such time as such default has been inspected and corrected to the satisfaction of the City. Furthermore, in the event of default by the Developer as to any of the work performed by it hereunder, for more than thirty (30) days after written notice to the Developer, the City may at its option, perform the work of the Developer and the Developer shall promptly reimburse the City for any expense incurred by the City within thirty (30) days. Failure to do so shall result in the City withholding the letter of credit. If the plat is a phase of a multi-phase preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this contract and the breach has not been remedied. ARTICLE FOURTEEN TEMPORARY CUL-DE-SACS The Developer agrees to provide written notice to all property owners that front on streets that may have temporary cul-de-sacs within the plat that such cul-de-sac is temporary and that the road may be opened for traffic to contiguous properties in the future. Developer further agrees to provide notice of temporary cul-de-sac in the deed conveying the property to the purchaser. Copies of such notices shall be provided to the City. :7J:i2~L Charles E. Stark, President By CITY OF ANDOVER By ~~,,~ ,/ / /. Mayor ATTEST: By ~tJcd.' City Clerk -13- o o o STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On thisd1!i day of LflI.OAt ,2005, before me, a Notary Public within \ and for said County, personally appeared Michael R. Gamache and Victoria Volk, to me known to be respectively the Mayor and Clerk of the City of Andover, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said City. ~. i . ) ^ ,/ ,i ~/JlLrtclA~1nvL) Notary Public . MICHELLE L HARTNER NOfAft'f PUBLIC. ..I&t'I'A My ColilIr'1I1ll"i &pileI_ 31. 2010 STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On thiSO?~ day of ~ () j f " ' 2005, befo~e me, a Notary Public within for said County, personally appeared (J/1Ij$1..M ~v'I.Ju and , to me known to be the _'A..uJLCLe..nt and and of and who (Developer) executed the foregoing instrument and acknowledged that they executed the same on behalf of said corporation. ~PJd J!rJAinN Notary Public . MICHELLE L HARTNER NOfARY PUaJC- "'ESOTA Uy c..".:.t'~ ,.&pileI... 3'. 21\10 This instrument was drafted by: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 -14- o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, City Engineer'VOP FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Approve Agreement/06-22/CrookedLake Boat LandingIDNR Public Water Access Cooperative Agreement - Engineering DATE: June 5, 2007 o INTRODUCTION This item is in regard to approving the Public Works Access Cooperative Agreement for the reconstruction of the Crooked Lake Boat Landing. DISCUSSION Attached is the agreement for your review. The project is scheduled to begin in August. The boat landing will be closed for about four weeks. BUDGET IMPACT The project is being funded by the MnDNR and the City of Andover as a 50-50 grant. ACTION REQUIRED The City Council is requested to approve the Public Water Access Cooperative Agreement. Respectfully submitted, ~~ Attachments: Public Works Access Cooperative Agreement/' o cc: Dan Masloski, Park & Recreation Commission Chair c o o PUBLIC WATER ACCESS COOPERATIVE AGREEMENT This Agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "State" and the City of Andover hereinafter referred to as the "City". WITNESSETH: WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes Section 97 A.141 to provide public access sites on lakes and rivers where access is inadequate; and WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59 to enter into agreements to jointly or cooperatively exercise common powers; and WHEREAS, the City and the State have determined this public water access improvement on Crooked Lake is of high priority under the state public water access program; and WHEREAS, the City and State owns land described as: Sec. 33, T 32 N, R 24 W, Anoka County, as shown in Exhibit A and on the attached map; and WHEREAS, the City and State are parties to an existing Agreement dated 7 July 1980 for the purpose of providing public access to Crooked Lake, attached herein as Exhibit B; and WHEREAS, the State is willing to assist in construction of Public Water Access to Crooked Lake; and WHEREAS, plans for the Public Water Access have been developed by the City and approved by the State and are attached hereto as Exhibit C and shall be referred to as the "Plan"; and WHEREAS, the City will operate and maintain the Public Water Access located on Crooked Lake, hereinafter referred to as "Facilities"; and WHEREAS, a resolution or copy of the City council/board meeting minutes authorizing the City to enter into this agreement is attached hereto as Exhibit D; and NOW, THEREFORE, in consideration of the mutual benefits to be derived by the public bodies hereto and for the benefit of the general public, the parties agree as follows: L STATE'S DUTIES AND RESPONSIBILITIES a. The State shall provide technical assistance with the design and funding assistance with the construction of the Public Water Access facilities. b. The State shall review and approve the preliminary and final plans for the facilities as prepared by the City. c. The State will provide and install the appropriate signage for the site, including a wood-routed sign, which indicates the facilities are cooperatively provided by the City and the Department of Natural Resources. The State shall also provide all boating related informational signs for a facility as determined by Department of Natural Resources policy. d. The State reserves the right to inspect the facility at any time to ensure that the City is in compliance with this agreement. II. CITY DUTIES AND RESPONSIBILITIES a. The City shall prepare the necessary plan, specifications, and proposal for the development of the facilities. The design shall meet ADA requirements and shall be approved by the State. Page 1 of 4 o c o b. The City shall perform all necessary bid advertisement, contract administration, cOll5truction engineering, staking, materials testing, record keeping and cOll5truction inspection, and shall administer the terms of the construction contract from contract award to certification of the final payment. c. The City shall permit the State to review and approve any alterations to the facilities as designed and constructed under Exhibit C. d. The City shall obtain all federal and state permits necessary for the cOll5truction of the facilities. e. The City shall provide appropriate signage as necessary for proper operation and maintenance of the facilities. f. The City shall operate and maintain the facilities cOll5istent with all local, state, and federal laws, regulations and rules that may apply to the management, operation, and maintenance of the facility. g. The City shall not restrict the use of the facilities based upon the boat size or the boat's engine horsepower, except as adopted through uniform water surface use zoning regulations. h. The City shall provide police protection and patrols for the facilities in accordance with established police department policies for a facility of this type. i. The City shall maintain the facilities and keep them in good and sanitary order in accordance with the City's established practices for maintenance of public park facilities. j. The City and the State shall not charge a separate fee to use the launch ramp or parking area. The facility shall remain open year-round or in conjunction with the City's established hours for a facility of this type. The City may close a facility for emergencies, or for other reasons, without prior written consent of the State. The City shall notify the State within 48 hours of closing a facility for emergency reasons or if a facility will remain closed longer than 24 hours. III FUNDING The State shall provide funding for it's responsibilities under Article I (a) above, however, the total obligation of the State shall be 50% of the total cost of cOll5tructing the facility under Article I (a), as referenced in the Plan, attached and incorporated into this agreement as Exhibit B, not to exceed $ 71,500. The obligation of the State is also limited to the amount of funds legislatively appropriated and administratively allocated to this project. The obligation of the State will expire on 31 December 2007, or when all development obligations under Article II (a) (b) have been satisfactorily fulfilled, whichever occurs first. No additional funding will be provided, unless agreed upon by all parties and an amendment to this Agreement is completed and executed. Reimbursement will be due within thirty (30) days of the City's presentation of invoices for services performed and acceptance of such services by the State's authorized representative. The City will not receive payment for work found by the State to be unsatisfactory or preformed in violation of federal, state or local law. IV. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be respoll5ible for the acts of the other party and the results thereof. The State's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other applicable law. The City's liability shall be governed by Minnesota Statutes Sections 466.01-466.15, and other applicable law. v. TERM a. Effective Date: June 4, 2007, or the State obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later. The City shall not begin work under this Agreement until it is fully executed and the City has been notified by the State's authorized representative to begin the work. b. Expiration Date: December 30, 2007, or when all development obligations under Article n.b. have been satisfactorily fulfilled, whichever occurs first. Page 2 of 4 VI. AUDIT Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting procedures and practices of the City relevant to the agreement shall be subject to examination by the Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum of six years from the end of this agreement. o VII. ANTITRUST The City hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations that arose under the antitrust laws otthe United States and the antitrust laws of the State of Minnesota. VIII. CANCELLATION This Agreement may be cancelled by the State at any time with cause or as necessary as provided in Article Ill, upon thirty (30) days written notice to the City. This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow for the payment of services covered under this agreement. The State will notifY the City by written or fax notice. The State will not be obligated to pay for services provided after the notice is given and the effective date of cancellation. However, the City shall be entitled to payment, determined on a pro-rated basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the necessary funds. The State shall provide the City notice oflack of funding within a reasonable time of the State's receiving that notice. IX. GOVERNMENT DATA PRACTICES The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this agreement. The civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either' the City or the State. o X. PUBLICITY AND ENDORSEMENT Any publicity regarding the subject matter of this agreement must identifY the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the City individually or jointly with others, or any subcontractors, with respect to the program and services provided from this agreement. XI. COMPLETE AGREEMENT This Agreement, and amendments, constitutes the entire agreement between the parties. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. XII. OTHER TERMS AND CONDITIONS NOTICES: Any notice, demand or communication under this Agreement by either party to the other shall be deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid to: The State Minnesota Department of Natural Resources Trails and Waterways Division Area (3B) Supervisor 1200 Warner Rd. St. Paul, MN 55106 The City City of Andover Parks Coordinator 1685 Crosstown Blvd. N.W. Andover, MN 55304 o IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound thereby. Page 3 of 4 Q o Q DEPARTMENT OF NATURAL RESOURCES By: Title: Date: DEPARTMENT OF ADMINISTRATION Delegated to Materials Management Division By: Title: Date: STATE ENCUMBERANCE VERIFICATION Individual certifies that funds have been encumbered as req. by Minn. Stat. l6A.15 and l6C.05. Signed: Date: Contract: CITY OF ANDOVER By: Title: Date: CITY OF ANDOVER By: Title: Date: Page 4 of 4 o CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Amend Fee Ordinance No. 318 DATE: June 5, 2007 INTRODUCTION The following two departments have reviewed their fee ordinance sections and are recommending the following changes: 1. Engineering Department is proposing an Encroachment Agreement Fee of $60.00 for the recording of encroachments with Anoka County ($46.00 County Fee + Staff time) effective immediately. o 2. The Andover Community Center, in conjunction with the Andover Community Center Advisory Commission, is proposing the following rates changes: Current Proposed Effective Ice Prime $ 165.00 $166.00 9/1/2007 Non-Prime 125.00 135.00 9/1/2007 Fieldhouse Prime 35.00 40.00 9/1/2007 Non-Prime 30.00 35.00 9/1/2007 Open Gym Adults Weekend / Weeknights 3.00 2.00 6/11/2007 Weekday 1.00 2.00 6/11/2007 Youth 1.00 2.00 6/11/2007 ACTION REOUIRED The Andover City Council is requested to amend the fee ordinance with the changes mentioned above. Respectfully submitted, ocL7)~ Lee Brezinka Attachment o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. 318 AN ORDINANCE AMENDING CITY CODE TITLE 1-7-3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: City code 1-7-3 is hereby amended as follows: Engineering Encroachment Agreement Fee $60.00 Community Center Ice Prime Non-Prime Fieldhouse Prime Non-Prime Open Gym $166.00 $135.00 $ 40.00 $ 35.00 $ 2.00 Adopted by the City Council of the City of Andover this 5th day of June 2007. Attest: CITY OF ANDOVER Victoria V olk - City Clerk Michael R. Gamache - Mayor c CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk., City Clerk SUBJECT: Approve Refuse/Recycler Hauler Licenses DATE: June 5, 2007 INTRODUCTION Refuse/recycle hauler licenses expired on May 31, 2007. DISCUSSION c The five licensed haulers in the city have applied for renewal of their licenses, paid the appropriate fees and submitted certificates of insurance. Their trucks have been inspected by our mechanics. ACTION REOUlRED The City Council is requested to approve residential and commercial licenses for the following companies: Allied Waste Services of North America, Walter's Recycling & Refuse, Ace Solid Waste, Randy's Sanitation and Waste Management of Minnesota, The license period will be from June 1,2007 through May 31, 2008. Respectfully submitted, (J;.L' ()~ Vicki V olk. City Clerk Attach: License applications o @ o o 3~"W ,LfY' CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US LICENSE APPLICATION. REFUSEIRECYCLE HAULERS 1. Business Name lid f.LT<UUl, ~;::I'I~~Q( N (., ~ ~iJ~[ 2. Address of Business: P.D. ~ {g7 Street MN State 5Sol'-J Zip Cli2.J~ -8N,.:-, City , 3. Business Phone Number 7ft! ] - 7 80 .. 6 i../ (q 4. Owner ofthe collection service: {90.>n.104, ;" 0axl9 Wf\L&R. Name (Please print) 703-7'60- '3 Ylal{ Phone Number ;)g"SD I C I ~ N"- i0.4:-, Street Address 1'\ fl.; III <. JlA V\l City State ))'lJ Y9 Zip 5. Attach a description of each piece of equipment proposed to be used in the collection operation. 6. Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. x Attach a schedule of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of charges. Provide a certificate of public liability insurance in the amount of at least $100,000 for injuries, including accidental death, to anyone person and in an amount not less than $300,000 for each accident; and for loss or damage to property in the amount of$50,000. ~ Check all types of materials you collect and indicate where they are taken for disposal/processing or recycling: Name & Location of DisposaIIProcessinglRecycling -l Garbage f.,-lk ~. I\J ~ -4- Tires f~ ~ k ~rLUsedOi1 l1\r.lliM ~ -X- Appliances t~lA4-o(1 ...L) Name & Location of DisposaIlProcessinglRecycling o ~ Corrugated ~ J ~LT!)VN, ~~ Edible Food Waste ~ScrapMetal ~M' . ~ Yard Waste ~ AArJ ~~.~) ~~J~/cfJ~~ ~ Demolition/Construction Debris ~'VtAMltk ~~ ---1- PaperlPaper Products -4 u...- C~ ~ ~ LLlL ~1~ ~ Plastics P--4 J1l i -L Newspaper Ashes c ----L. Tree Debris J..a t~vJA-r; fC ~ Office Paper ~ ~ ~ -A- Glass P~vrl ~/ _ Other - specify 10. License(s) Requested: .X Residential X Commercial 11. Number of trucks proposed to be licensed If Applicant acknowledges receipt of a copy of Ordinance 102 and agrees to comply at all times with t e provisions of said ordinance. ~~7 / Date icense"Fees:R.esi~fitia.ELicense $150.00 Commercial License $150.00 Insurance Expiration Date: o Per Truck Fee* $25.00 * $50.00 re-inspection fee per truck oUl1Qil.{\ctioll: ..~.{\Pl'roVed Denied c 51\NDbVE~ 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER,MN.US 1. Business Name cD t1 s-+~m l1..na J I'YU 11 + Address of Business: I 0Cl'i 0 Vla...I1(oS st YlE ~treet LICENSE APPLICATION REFUSEIRECYCLE HAULERS of yY\ i V\ ('IPS 0 to.. lY:u:... 2. f3 ICLi VlR City rYI VI 5 CJ I-H. 4 State Zip 3. Business Phone Number 4SJ..- $"W -J/OO 4. I005D nO. t2(P 5 s+- l'lE Stree\ Address City IS lOA VlQ WI VI State SScfLt1 Zip o 5. Attach a description of each piece of equipment proposed to be used in the collection operation. 6. Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. 7. Attach a schedule of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of. charges. 8. Provide a certificate of public liability insurance in the alTIount of at least $100,000 for injuries, including accidental death, to anyone person and in an amount not l~ss tha!1.$300,000 for each accident; and for loss or damage to property in th,e amount of $50,000. 9. Check all types of materials you collect and indicate where they are taken for disposal/processing or recycling: Name & Location of DisposaIIProcessinglRecycling o -X-Garbage /II/<...E; njGfltlt.<J/ - 10700 /&STY"1 k.e flU), i;/Jc..IZ,v..t..v Tires Used Oil ~ Appliances lDY'll Sf('Y')3 Vo.lI.c i - Lj-Dl \/all.p'f A:,;v S.priv1j VClI\~i Name & Location of DisposaIIProcessinglRecycling Q -LCorrugated i,om T(_ mR~ - 1300 13r-()C..dw<A.~ s\- ('Ie. \'Y'il'lC, Edible Food Waste ---.L.ScrapMetalLom TC 1YIe.i=- ,ZOD 6Y{)CI.du~lLj s+ nG ;VVlpls ~ Yard Waste /'IRq - iJ,3o mClicclm A:v.e_ r YY\pls -LDemolitionlConstructionDebris {(L(',::,YO /(t?q/ '1isT A-v-l' 11[. B)o.Jn.e- -LPaperlPaperProductsWI'Y1 Ie. fn,<.r: - IZOO gr{)odu~EityJpIS ;\ ~ Plastics l\ ,i " -L Newspaper Ashes ~ Tree Debris /'I (Z6} - (P 3 D ,'Y) (.\. j (, 0 I VY) AvL. fV) f1 IS , o ~OfficePaper wm Ie IYlR.F - ig{;,O t3roadwa:f sf nF . rYl(JIS Glass _ Other - specify 10. License(s) Requested: X. Residential >( Commercial 11. roposed to be licensed I \ oI~l7 -07 Date icenseFees:..Reside'fit1aFL1c~mse Commercial License $150.00 Insurance Expiration Date: o Per Truck Fee* $25.00 * $50.00 re-inspection fee per truck QtlpqilActiQn: ...~. Approved. Denied Date. c' o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US LICENSE APPLICATION REFUSE/RECYCLE HAULERS 1. Business Name Pc\::: SDL\O WA'S\"t: , .s:.wc.. 2. Address of Business: lolQ 0 \ N\[; \Lv" ~ ~ S\- ~ W Street r: c 303 -->~ Zip R~\.XYlc.,~.L1\ \\i\N City -.J State 3. Business Phone Number'lle'1;J-l\ '}:l- ~\ \ D 4. Owner of the collection service: ~\\6v x.\D ~x:X\ \ ;,\~tJr Name (Please print) '1 VI/>_ L\L1-'7::A \ 0 Phone Number bCQ D\ \\~\lVf\ ~..lL\ S\ N W Street Adaress n \'\\\.rnsw (\1\ W City J State r-'f:5::~ce) Zip 5. VAttach a description of each piece of equipment proposed to be used in the collection operation. 6. Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. 7. VAttach a schedule of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of charges. 8. "'Provide a certificate of public liability insurance in the amount of at least $100,000 for injuries, including accidental death, to anyone person a,'1d in an amount not less than $300,000 for each accident; and for loss or damage to property in the amount of$50,000. . ~ I..\\S\J....fQcc.e.. ~()\~'\J...,O: w,,-,-iL ~\>d... Io-t-j S\ \2\ D-\ vCheck all types of materials you collect and indicate where they are taken for disposaVprocessing or recycling: 9. Name & Location of Disposal/Processing/Recycling ~ Garbage 1\J~P c\ \L ~uY,-,(" K.E'Smu-c.C2. KQC:.D\x"''(U - t:\1L rj\..>tX \ Tires Used Oil ~ Appliances J" \2.':;, }\~v;U\cc A \2...t.C:..\.! e:.\c IS; =t..N \.Y'2.-\ G-u,--'K.. *u;.t~ Name & Location of DisposallProcessinglRecycling o --L Corrugated Pi DN~e.\ - 1'-\\(\(\.(' 01. ~oL:/(, - \2-~ TC--f\(j. ~k Gl..XrC Edible Food Waste _ Scrap Metal 1/ Yard Waste :S "1-- b - 0~. \ ~'\ e- ~ Demolition/Construction Debris C; \ ~ ~,\.XS ~cL~\ \ - 't:.\\::-. Ki Gel(' o ~ Paper/Paper Produ:;~ \ ) I / .k:' ) / V Plastics ~ Newspaper Tree Debris . ~'Q ~.)).A~ ~;--'{\- {'v\JJ~"~ 'c, Ii ~. ~ ._.10~ -. 'C r.- L" . ,,', . f\A~ 1'...)1 . nC\^hU,X \"'--" W iiS \2- O.~~~\~ Ashes ~ Office Paper .,/ Glass _ Other - specify 10. License(s) Requested: V Residential V Commercial 11. Number of trucks proposed to be licensed ,s copy of Ordinance 102 and a or mance. s:?-o 1 $150.00 Commercial License $150.00 Insurance Expiration Date: Per Truck Eee* $25;00 * $50.00 re-inspection fee per truck o CounciFAction: ~ Approved Denied Date i1.L iVv v ( o r '--{_t.,l: t ~1 '" l r:. U (/!-I' , J.' ~?1 1 -' .)..1" , \ .,..}J .,t-. \./ '" i._r-.J--\~l ./ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.C\.ANDOVER.MN.US LICENSE APPLICATION REFUSEIRECYCLE HAULERS 1. Business Name_R o.lirlj '-s Address of Business: 35"1 ,S . SQfl~ +a -hO n X n c. . j 2. 5E De tlllb mil City State 553:J..f Zip 3. Business Phone Nwnber (7 b 3) q 7d-.-3335 4. Owner of the collection service: ~Gtn~q 1/ R, RoskoW,'Q (( Name (Please print) (1&3 ') 97c2--333S Phone Number ,S, )+W Street Address I~ SE City e fco'>o V'f'lI1, SS3;<,? State) Zip o 5. / Attach a description of each piece of equipment proposed to be used in the collection operation. 6. / Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. 7. j Attach a schedule of varying rates based on the volwne of weight of the refuse collected indicating the charge for each size container or other schedule of charges. 8. j Provide a certificate of public liability insurance in the amount of at least .J.10'ii !:1. $100,000 for injuries, including accidental death, to anyone person and in an (,\.;~".v amount not less than $300,000 for each accident; and for loss or damage to . property in the amount of $50,000. 9. / Check all types of materials you collect and indicate where they are taken for disposal/processing or recycling: o Name & Location of Disposal/ProcessinglRecycling LGarbage rejz 7ft-V~. //u'lI;jJ" uj 70~;A- / W~~V - Tires Used Oil v0,.ppliances Ce/i~ ;) ;rfiA~~; ,li, ('lAter( ffrMz'V- Name & Location of DisposalJProcessinglRecycling o r/ Corrugated If? tJf A ' , if/}1 /7.'7 If'1t~o~;e ~ vtI. <f?cuJ? Edible Food Waste -L Scrap Metal r arnO/u//l'f \.J7 IH1.J ~ Yard Waste A)!? 6-- <lJlJaPd/M / - ~ V Demolition/Construction Debris r; e A '1(r/{.~ ~ Paper/Paper Products V( o-eJ -, b/YI,1/l./ -LL Plastics A F:J '1(r.t~jk // :y ~Newspaper 1(tJfj " 7;/Y'A/U ~/~~~}, LlMitfr/ v~l! w~ '/1M ~<1b Ashes . Tree Debris o ~ Office Paper Y(tJ(l.J " iMt-rv' V" Glass 13 F I c/( f/!.(IT'h~ _ Other.- specify 10. License(s) Requested: ~ Residential / Commercial ISo. .:b ;?ps/ /50. tC &mm. ..... _- -7 c,' /lr. cb Ie € 0< 5,';'" 0\ ,-",v ~~ Applicant acknowledges receipt ofa copy of Ordinance 102 and agrees to comply at all J SO. times with the provisions of said ordinance. L/(Jtfldt! l ij,lu;w Signature 11. Number of trucks proposed to be licensed 1-}oA 7 Date itenseFees:Resictentilif:L1cense . $150:00 Receipt # .... "7'0:5 5" o Commercial License $150.00 Insurance Expiration Date: Per Truck Fee* * $50.00 re-inspection fee per truck Co@c:i\Actioi1: _ Approved o I !t '1 iJ r"/ ,1 /, ! i' 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US LICENSE APPLICATION REFUSE/RECYCLE HAULERS 1. Business Name Allre..d. Wll!.k. ~Ch>''r'" ~S JJ"t',",- A....".., 0. LLt' 2. Address of Business: stLL.1 K....ncloUQ ~+..u ~ Street (~.O,6\Sdq) c'1"rr1-. ~f\L.;; City Inn State ShO/L./ Zip 3. Business Phone Number ?l. 3- '7~4- .;2/04 4. Owner of the collection service: Au.'''''''' WIlE."'," Euu,'tL!i. ,,-11 J.lArA A..U'.L.CI. J II' Name (Please print) 7k.3.-7fl&./ -d./OL/ Phone Number ~I..("I ~nJ.".... S+. Al E:. (p.t). f..o d q) C,'rc./~ P.)>" /I)^ Street Address City State ~'f:::.CJlcj Zip o 5. Attach a description of each piece of.equipment proposed to be used in the collection operation. ..' .' ...., . . 6. Attach a schedule of services to be made to the customer including, bufnot limited to, proposed days of collection in different areas of the city. 7. Attach a schedule. of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of charges. 8. Provide a certificate of public liability insurance in the amount of at least $100,000 for injuries, including accidental death, to anyone person and in an amount not less than $300,000 for each accident; and for loss or damage to property in the amount of$50,000. 9. Check all types of materials you collect and indicate where they are taken for disposal/processing or recycling: Name & Location of DisposallProcessinglRecycling o ~ Garbage i<RT in f'IK K,'"VC-Y" Tires Used Oil _ Appliances o o o Name & Location of Disposal/ProcessinglRecycling -L Corrugated K ~I in m..nnl<G.fll k~ Edible Food Waste _ Scrap Metal ~ Yard Waste S.K~ ',r. . S-~. ?~\ ..' ---X:....- Demolition/Construction Debris ~ K i?, ;n 1<,1a..1t\t" ~PaperlPaperProducts i<~1: ,~n 111"Il~/)tJ b; , ~ Plastics 'RST ,-", m;nrkClfb k~ ~ ~e~spaper Ashes Tree Debris ~ Office Paper K&r ;1\ m,Mr"'fD ~:s: ~ Glass I<SJ:. in (JI'-/lA~\G _ Other - specify 10. License(s) Requested: )( Residential x: Commercial 11. Number of trucks proposed to be licensed Applicant acknowledges receipt of a copy of Ordinance l02 and agrees to comply at all timiwi1h ~ oh,;d 0","",,00, tf Si e icenseFe~s:ReSidenthiLticel'lse '$150.00 1/-5 -(/ 7 Date Commercial License.. $150.00 Insurance Expiration Date: Per Truck Fee* Q @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW. DOVER.MN.US TO: CC: Mayor and Councilmembers Jim Dickinson, City Administrator Will Neumeister, Community Deve t Director ~ FROM: Courtney Bednarz, City Plann~ SUBJECT: Public Hearing/Consider Vacation of Easement/4003 146th Lane NW - Planning DATE: June 5, 2007 INTRODUCTION The applicant is seeking to vacate a portion of an existing drainage and utility easement to allow construction of a swimni.ing pool. c DISCUSSION The Engineering Department has compared the existing easement with the 100 year flood elevation of the adjacent floodplain and storm water pond and determined that more easement exists than is necessary. The attached survey shows the area of the easement proposed to be vacated (crosshatched). Staff has evaluated the situation and contacted the various utility companies to determine ifthere are obstacles to vacating the drainage and utility easement. There are none. It should be noted that there is an existing accessory structure in the easement area as shown on the attached drawing. The applicant has agreed that this structure will be removed from the easement. ACTION REOUESTED The Council is asked to hold a public hearing and approve or deny the proposed vacation of easement. Attachments Resolution Exhibit A Exhibit A detail Location Map o Cc: Steven Manthey 4003 146th Lane NW Q CITY OF ANDOVER COUNTYOFANOKA. STATE OF MINNESOTA RES. NO R A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF STEVEN MANTHEY TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 4003 146TH LANE NW (PIN 29-32-24-23-0003) LEGALLY DESCRIBED AS FOLLOWS: Lot 13, Block 1 MEADOWS OF ROUND LAKE WHEREAS, the applicant has requested to vacate a portion of a drainage and utility easement as indicated on Exhibit A, and; WHEREAS, the Engineering Department has determined that the proposed vacation of easement will not adversely affect the floodplain or drainage in the surrounding area; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and o NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as indicated on Exhibit A subject to the following: 1. The applicant shall remove the existing accessory structure from the drainage and utility easement area. Adopted by the City Council of the City of Andover on this _lh day of June, 2007. CITY OF ANDOVER ATTEST Michael R. Gamache, Mayor Vict~ria V olk, City Clerk o ..., - L- ~XHIS/' A o ~ ~ ~ . " " Ii ~ " " 13 " ij!J ~ z :.Jl :> " ,. ~ "'" ."~ f;il. " 1= z ~ ~ ~:f ~~a " " " ,0 z ~ ", ~ ~ < ,. OJ ~ ~ ::> ::i'-' E:i.... h'!l ~~. ~~~ t " ~ :> ~ ~ ~~: '.', f- .. ~ ! u 1lit Q:~~ ~ ~ z ;jj ~ ffi ;! ~EC ~i~ fi f f \.,: It < w"w ~ ~ " z i Ii :> <<Dl ,,!~ J ! 11 Iol l- i: ~ .j z IU!! ~ Jl :> ;: " " '~Cl :il 0;. f ... ~Z " " S ~! -- ---"\- \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ --, \ /' !' \ / i 'y 11/ / / / / / / / / J $ J I ~ I . ~ ! ~ ! '" . ~ 1 ,,- " . !!l ! 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", " I I -~- h ..- " /" ~ ~ ;;~ #:;'4/ ,r:t'" CD i:i z V> w -' "wffi~~ 0- a:: a:: ~3;f~ <l:IIIEJEJ ::;; a:: o 1;) IJ) ~ cnf3 v l:; (5~ ~ r-... ~ 8]< " g . >>- ~ C\l <0 01- U -':e OZ .s ~ ~ 26 ~ ~ Q) :r:u 1'l * ~ ~;2 IJ) 0 -0 ~ ~ ~ S~ I I I / I f I / / / / ! ! / / -;-~.~ I Gr--\ "\ I I I ~ Z' I -J I ~ ! ~ .....- "" ~ :t o It) o .., SHt o .... .... .., -s-. @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US CC: Jim Dickinson, City Administrator Will Neumeister, Community Developm TO: Mayor and Councilmembers FROM: Andy Cross, Associate Planner A ;x:: SUBJECT: Consider Time Extension/Preliminary Plat/White Pine Wilderness (Phase II) - Planning DATE: June 5, 2007 INTRODUCTION The developer is requesting a time extension for the White Pine Wilderness preliminary plat. o DISCUSSION State Statute exempts preliminary plats from any changes in a City's fees, subdivision controls, or comprehensive plan for one year after the date of approval unless an extension is granted by the platting authority. The preliminary plat for White Pine Wilderness was approved on July 18th, 2006. Phase 1 has been developed through final plat, but Phase II has not. The one-year approval will expire on July 18th, 2007. After that point, the City could require increased fees and more stringent buildability requirements on the applicant when he plats Phase II. Mr. Emmerich is requesting the preliminary plat approval be extended by one year to expire on July 18th, 2008. Staff recommends the one year time extension with two stipulations: 1) Mr. Emmerich will pay the 2007 park dedication and trail fees instead of the 2006 fees. 2) The lots can be final platted and developed to the standards that existed when they were approved in 2006. Any changes in buildability requirements that took place between 2006 and now would not be applied to the lots in Phase II. If, however, the applicant requests changes to grading or design elements of the plat, a full staff review will take place and all current buildability requirements will be enforced. o ACTION REQUIRED The City Council is asked to consider the attached resolution extending the preliminary plat exemption period by one year, expiring on July 18, 2008 with the stipulations mentioned above. Attachments Letter from Applicant Resolution Original Resolution for Preliminary Plat Approval (R088-06) Approved Preliminary Plat Respectfully submitted, Andy Cross ~~ Cc: Larry Emmerich, 1341 - 161 st Avenue NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION EXTENDING THE APPROVAL PERIOD FOR THE WHITE PINE WILDERNESS PRELIMINARY PLAT BY ONE YEAR. WHEREAS, the preliminary plat for White Pine Wilderness was approved on July 18, 2006; and WHEREAS, pursuant to Minnesota State Statute 462.358 Subd. 3c, the preliminary plat is exempt from any changes in the City's fees, subdivision controls, or comprehensive plan for one year from the date of approval, and; WHEREAS, the one-year deadline for the White Pine Wilderness is on July 18, 2007, after which the preliminary plat will be subject to any changes in the City's fees, official controls, or comprehensive plan, and; WHEREAS, the developer is requesting the City Council extend the preliminary plat approval for one additional year, ending on July 18, 2008, and o WHEREAS, Minnesota State Statute 462.358 Subd. 3c allows such an extension by agreement with the subdivider and the municipality, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby approves a one-year extension of the preliminary plat's approval to begin July 18, 2007 and ending on July 18, 2007, subject to the following conditions: 1) Applicant will pay the 2007 park dedication and trail fees instead of the 2006 fees. 2) The lots can be final platted and developed to the standards that existed when they were approved in 2006. Any changes in buildability requirements that took place between 2006 and now would not be applied to the lots in Phase II. If, however, the applicant requests changes to grading or design elements of the plat, a full staff review will take place and all current buildability requirements will be enforced. 3) All conditions from R088-06, the resolution for White Pine Wilderness Preliminary Plat Approval will remain in effect, except as revised above. Adopted by the City Council of the City of Andover this _ day of _, 2007. CITY OF ANDOVER o ATTEST: Victoria V olk, City Clerk Michael R. Gamache, Mayor 2 o o o 05/14/2007 12:10 7534340172 EMMERICH PAGE 01/01 L & K El\.1MERICH LLC 1341-161 AVE N. W. ANDOVER MlNN 55304 TO: Mayor and council members~ City of Andover CC: Will Neumeister, Community Development Director FROM: Larry Emmerich, Chief Officer SUBJECT: To extend the approved preliminary plat deadline for The Plat known as White Pine Wilderness Phase n. Request: Tues June 12th meeting INTRODUCTION: The preliminary plat was approved for White Pine Wilderness By the City Council of the City of Andover on the 18th Day of July 2006 An extension of the one year deadline that is set to expire On July 18th 2007 for final plat approval of White Pine Wilderness Phase II This is a request to extend this dead' e to July J 8th 2008 Sincerely Larry Emmerich, Chief L & K EMMERICH LL -3- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R088-06 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WHITE PINE WILDERNESS" FOR L & K DEVELOPMENT, LLC ON PROPERTY LOCATED IN SECTION 14, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: All that part of the South 16.50 feet of the Northeast Quarter of the Northwest Quarter of Section 14, Township 32 North, Range 24 West, and all that part of the South Half of said Northwest Quarter which lies East of the East line of the West 717.89'feet of said South Half of the Northwest Quarter, Northerly and Easterly of the South 689.92 feet of the West 815.00 feet of said South Half of the Northwest Quarter and Westerly of the following described Line A: Said Line A is described as follows: c Commencing at the Southeast comer of said South Half of the Northwest Quarter of Section 14; thence North - degrees 18 minutes 42 seconds East along the East line of said South Half of the Northwest Quarter, a distance of 495.51 feet to the Point of Beginning of said Line A; thence north 46 degrees 55 minutes 20 seconds West, a distance of262.00 feet; thence North 17 degrees 47 minutes 32 seconds West, a distance of238.70 feet; thence north 38 degrees 23 minutes 22 seconds East, a distance of304.00 feet; thence North 82 degrees 36 minutes 28 seconds East, a distance of79.75 feet to said East line of the South Half of the Northwest Quarter and said Line A there terminating. Except that part platted as Anoka County Highway Right Of Way Plat No. 20, according to the recorded plat thereof. Section 14, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on ~aid plat, and; . WHEREAS, the applicant has requested variances to City Code 11-3-3G to allow a street terminating in a cul-de-sac to exceed 500 feet in length, and; WHEREAS, the Planning Commission recommends approval of the proposed variance to City Code 11-3-3G based on the following findings: o 1) No option currently exists to connect a second street out of the development; and 2) The variance will be eliminated when a street is extended to the west in the future. WHEREAS, the applicant has requested a variance to City Code 11-3-6-C to allow Lot 17, Block 3 to be platted while not having the required frontage on a publicly dedicated street, and; -~- WHEREAS, the Planning Commission recommends approval of the variance based on the fmding that the request is temporary in nature and the variance will be eliminated when 1620d Avenue is extended westward in the future, and: WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the preliminary plat subject to the following conditions: o 1. The Preliminary Plat shall address all comments from the Engineering department and Community Development before grading may commence. 2. The Preliminary Plat shall address all comments from the Andover Parks and Recreation mmission before adin ma commence. The developer shall pay a Park Dedication Fee as determined by the Parks Commission and also a Trail Fee of $35,400. The final determination will be made prior to final plat approval. T e eve oper obtains all necessary permits from the Coon Creek Watershed DIStrIct, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 5. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 6. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 7. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part ofthis agreement to assure all of the subdivision improvements will be completed. 8. All urban areas north of 161 51 Avenue NW and Crane Street NW shall be responsible for improvements to the intersection of 161 51 Avenue NW and the proposed Crane Street NW as required by the Anoka County Highway Department and the Andover Engineering Department. 9. A variance has been granted to allow the platting of Lot 17, Block 3 with the condition that no building permit will be issued for this lot until 1620d Avenue is extended to provide required frontage for the lot. 10. An approved Letter of Map Amendment (LOMA's) from the Federal Emergency Management Agency must be on file for Lots 9 and 10, Block 5 proving they are out of the floodplain before the lots are included on a final plat. 11. The developer shall enter into a Development Contract with the City and shall pay all relative fees (i.e. sanitary sewer, water area and connection fees, etc...) 12. Sanitary sewer and water main shall be extended to the site at the developer's expense. Adopted by the City Council of the City of Andover this18th day of July, 2006. CITY OF ANDOVER o ATTEST: Victoria V olk, City Clerk Michael R. Gamache, Mayor ~s-- if" . M - . \-", .-.:::...~~~ I -1IS..91';.... ..-(" 3.0'i,rsOOK.. i'i~lt;~~ll ::; ~IJ l.l ' ",,!: ~ 11 - ~,. .~ I I ffi ~..Q <. ii: ,J I __j:-.O:r.3 I;: II, I r g'i~~~<" !~j;,!!llnl!ill,' ~'i . .'. " OI'L,,,,,! LL , '''1 " : , ~ 1 j 1 ~ ~~~~ ~~ '--'V~i"-~ "..P ')':/!: ""'"'''' ,t -~,-/".= I ~:,~! !jjjjjl",H \11 ;.r;;;- ...",.k,..:;::-?i' "i.- 0..' :.1f'i "~~'~":~;'-~)~'-. ". '.:'i' I ,) ! I 'I m~ '-, ..~ r \ '0 ,.~ ~ 5 .~ I'll : ' ~o ~ ~ .~: _ . . *~: I I ~ i : I : I ," I., "s .._ i I;. II; t~!.L.!I" Oi!. 1 ;, I H, ,. ~ I:: !I U.J.H 5 . .~:.:: i~"cl -;: ".! ~ :'0 ..= .. i 0 ~ ~,~ .~, :~, f .I~._: ="'~""" :.0, .~, ',_, !,~i,. ~,~~~. ~;;. ~~~ l C.; ...'!j:..".!"."!... ~u: ", .... :.. ..;~_ ... 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J:qml .. 11___J--5:~i~ . .';=-TI--'! ;"" i1..: "i Hin ~ <> -- ~ - ~ ~ ~ ~ ~j n~ , . , ~ , , ~H rtl ~ ~2!2~~ ~ tH~Hi ~g~.z-<l: 1 -= ~ ; j , .. t ~ ~ ~ ",..~.............=::'.:~~'!!~O:: Q- _...~.~~~..~~::~~=~S~g~&~~~~~~~ -".......,o,Q~.,.._- ~...............~~.,............n....................................... ............,............. ~6 c o o w 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: CC: Mayor and Councilmembers Jim Dickinson, City Administrator Will Neumeister, Community Developm FROM: Courtney Bednarz, City Planne~ SUBJECT: Discuss Open Space Preservation - Planning DATE: June 5, 2007 INTRODUCTION This memorandum is intended to outline the next steps that are necessary to achieve the goal that was presented to the voters last November. DISCUSSION Creation of an Open Space Advisory Commission The city has opened an application period for this seven member advisory commission. Not enough applications have been received to fill the commission. The Council may wish to extend the application period or reduce the size of the commission. Once the application period has closed the Council will need to schedule interviews and make appointments to this commlSSlOn. Program Structure Staff recommends the following approach to provide structure to the program and to aid in the preparation of matching grant applications (which often seek documentation in the form of official plans and ordinances). Comprehensive Plan - This plan can establish goals and objectives as well as selection criteria for open space land acquisition. Much of this language exists in the present Comprehensive Plan and can easily be updated to reflect the language of the bond referendum. A solid foundation can be provided for the program by including an open space component in the Comprehensive Plan. Ordinance or Officially Adopted Policy Document - These are two options to provide a structure to the program by establishing the following: 1. An open space advisory commission and their responsibilities 2. The types of property that are eligible for consideration 3. The selection process 4. The method of land valuation and acquisition, 5. Standard conservation easement requirements 6. A process for ongoing monitoring ofthe land and program in general. o c Applicationforms - a standard application form can be created to provide a format for properties to describe how the unique features of each site conform to the selection criteria established in the Comprehensive Plan. The application can be used as a tool for consideration of properties through the review process. OTHER DISCUSSION ITEMS Resource Inventory It is recommended that an evaluation ofthe city as a whole be conducted to determine where natural areas are located relative to parks, trails, floodplain and wetland areas. In this manner a comprehensive view can be prepared, appropriate selection criteria can be established and individual sites can be prioritized to maximize the impact of the program. This is also useful documentation for grant applications. DNR Grant Cycle DNR grants are available to provide matching funds for open space preservation. Grant applications are typically due at the end of March each year. Ideally, the city will be in a position to apply for matching funds each time properties are selected for acquisition. BLAINE AND WOODBURY SUMMARIES Blaine Process The City of Blaine passed a $5 Million bond referendum in 2000. The city passed a resolution authorizing the advisory board described above. A natural resource inventory was conducted. The board and Council created criteria for evaluating open space areas. The city created a greenway corridor plan. This plan combined a general corridor map prepared by the Anoka Conservation District and others with locations of threatened and endangered species from the DNR and parks, trails and wetland information. Individual sites were evaluated based on the established criteria and ranked accordingly. A letter was sent to property owners with ranked parcels describing the quality of open space on their property as well as preservation techniques, including conservation easements. The City has been reviewing applications from property owners and negotiating with land developers to allow open space to be preserved since that time. The advisory board makes recommendations for action concerning land acquisition and environmental policy to the City Council, which will make final decisions. Woodbury Process Woodbury utilizes their Parks and Recreation Commission to review parcels for potential acquisition based on 24 sites that were identified as a part of their 2005 bond referendum and 10 other sites offered for consideration by property owners. Woodbury's Park and Recreation Commission recommended narrowing this list to ten priority sites. This recommendation was subsequently approved by the Woodbury City Council. Since that time Woodbury has purchased several properties, with consideration of each site summarized by staff for recommendation by the commission and approval by the Council. ACTION REOUESTED o T-he Council is asked to review the information and share any feedback they may have. Respectfully submitted, Courtney Bednarz @ TO: Mayor and Councilmembers CC: Jim Dickinson, City Administra r Will Neumeister, Community Deve 0 FROM: Andy Cross, Associate Planner A1X- SUBJECT: Consider City Code Amendment/Deleting Code Section 12-14-6A-5 (continued) - Planning DATE: June 5,2007 INTRODUCTION At the April 3, 2007 meeting, the Council asked the City Attorney to review Footnote 2 on the attached resolution. DISCUSSION o At the April 3 meeting there was discussion about a footnote on the Permitted Uses table and whether or not it should remain in the Code as written. The City Attorney was asked to review the footnote and give an opinion whether that footnote should be removed. After discussing this with Bill Hawkins, City Attorney, we have determined that it should be left in the code as it sets up a date for sewer system requirements that we should keep in our code. ACTION REQUESTED The City Council is asked to approve this Code Amendment as previously submitted. Respectfully ~u~e~ Andy Cross.'7r~ Attachments Resolution o o o o CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 12-14-6 "CONDITIONAL USES" TO DELETE SECTION A-5 AND AMEND TITLE 12-12 "PERMITTED, PROHIBITED, AND CONDITIONAL USES" TABLE THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS (strike-outs shall indicate sections to be deleted, underlining shall indicate sections to be added): 12-14-6: CONDITIONAL USES: A. General Provisions: 1. Conditional Use Permits may be granted or denied in any district by action of the City Council. 2. The Community Development Director shall maintain a record of all Conditional Use Permits issued including information on the use, locations, conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate. A copy of the Conditional Use Permit shall also be filed with the Building Official. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 3. Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the Conditional Use Permit shall require an amended Conditional Use Permit, and all procedures shall apply as if a new permit were being issued. 4. All uses existing at the time of adoption of this title (October 21, 1970) shall be considered as having a Conditional Use Permit which contains conditions which permit any land use and structures as they existed on said date, and any enlargements, structural alterations, or intensification of use shall be required to amend their Conditional Use Permit through the process provided in this section. (Amended Ord. 314 10-4-2005) 5. Cert:aiB l:1ses, vlbile geaerally not suitable in a partieelar zoB:ifl:g district, may, lffidcr some circumstances, be smtab1e. When such CffeilfB.staBees exist, a Conditional Use Permit may be granted. 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E "'C 2 g. ~ .;...: '" ~ ..>d l) (] .0 o I ;:'!S o >- <IS "g ..... u :> o o o @ CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule EDA meeting DATE: June 5, 2007 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the June 19,2007 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Update on Economic Development Activities 2. Purchase Agreement Progress Reports 3. Review Site Plans 4. Review Letter of Intent 5. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items ACTION REOUIRED Schedule an EDA meeting at 6:00 pm before the June 19,2007 City Council meeting. .'---., o o o @ C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule June Council Workshop DATE: June 5, 2007 INTRODUCTION The Council is requested to schedule a Special Council Workshop for the month of June for a number of miscellaneous business items. DISCUSSION Potential agenda items for a June workshop have been identified as follows: 1. Irrigation Agreement with Associations Discussion 2. Autistic Child Signs Discussion 3. Roanoke/Marystone Boulevard Discussion 4. Subdivision Code Update Discussion 5. TIF District 1-4 Update - Industrial Opportunities Discussion 6. 2008-2012 CIP & 2008 Budget Progress Report 7. 2007-2008 Council Goals Discussion Other items may be added upon request. ACTION REOUIRED Schedule a Council Workshop, a suggested date is Tuesday June 26th at 6:00 p.m. or another date acceptable to the Council. o c o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: June 5, 2007 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on Public Improvement Projects 4. Legislative Summary 5. Miscellaneous Activities Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notity me so an adequate update can be made. . . 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for June 5, 2007 City Council Meeting DATE: June 5, 2007 The City Council is requested to receive the following supplemental information. Discussion Items Item #15. Discuss Open Space Preservation (Supplemental) - Planning , . ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 'AX "'OJ m.,,,, . ~OV<R.M'U' TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director~ FROM: Courtney Bednarz, City Planner SUBJECT: Supplemental - Discuss Open Space Preservation - Planning DATE: June 5, 2007 INTRODUCTION Please note that four applications for the advisory commission were received last Friday. This brings the total number of applicants to nine. DISCUSSION None. ACTION REQUESTED The Council may choose to select a date for interviews to be scheduled.