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HomeMy WebLinkAboutCC September 4, 2007 c o o 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, September 4, 2007 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forwn Agenda Approval 1. Approval of Minutes (8/21/07 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Memorial Plaque Policy - Engineering 4. Receive Assessment Roll/Order Public Hearing/06-37/I6I5t Avenue NW & Crane Street NW/Intersection Improvements - Engineering 5. Accept Feasibility Report/Waive Public Hearing/07-35/138l7 Jay Street NW (Thurston-DeShaw Funeral Home)/WM - Engineering 6. Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/07-13/13835 Underclift Street NW /WM - Engineering 7. Approve Wayside Horn Agreement/07-40/Crosstown Boulevard NW & Railroad Tracks - Engineering 8. Approve Final PlatlTimber Trails 2nd Addition/l 7700 Tulip Street NW -- Planning Discussion Items 9. Adopt Assessment RolllResolution for Putnam, Allen & Almeida Properties, Continued - Engineering 10. Consider City Code Amendment/Establishing Interim Performance Standards/Hughs- Westview Industrial Park Area - Planning 11. Adopt 2008 Preliminary Tax Levy - Administration 12. 2008 Debt Service Levy Changes - Administration Staff Items 13. Set Truth in Taxation Hearing Date - Administration 14. Administrator's Report - Administration Mayor/Council Input Adjournment o o o 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: September 4,2007 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: August 21, 2007 Regular Meeting DISCUSSION Attached is a copy of the minutes for your review. ACTION REOUlRED The City Council is requested to approve the above minutes. Respectfully submitted, ~ ora Vicki V olk City Clerk (J.) o Regular Andover City Council Meeting Minutes-August 21,2007 Page 13 o o REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -AUGUST 21,2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 RESIDENT FORUM ................................................................................................................. 1 AGENA APPROV AL.........................................................................;...................................... 2 APPROVAL OF MIN1JTES......................................................................................................2 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 3 Resolution R114-07 declaring Costs/Order Assessment RoI1l06-37/161 st Avenue NW & Crane Street NW/Intersection Improvements ................................................................ 3 Resolution Rl15-04 accepting Petition/Order Feasibility Report/07-35/13817 Jay Street NW (Thurston DeShaw Funeral Home)/WM................................................................. 3 Resolution Rl16-04 declaring Cost/Order Assessment RoI1l07-13/13835 Underclift Street NW /WM .............................................................................................................. 3 Approve Agreement/07-38/Irrigation Wells Hydrological Study........................................ 3 Recycling Agreement with Anoka County & City of Andover ........................................... 3 Declare Fire Department Excess Property ...........................................................................3 Approve Raftle Permit/Andover Center Ice Club................................................................ 3 RECEIVE ANOKA COUNTY SHERIFF DEP ARTMENT MONTHLY REPORT Received........................... ......._...... ....................................................................................... 3 DISCUSS DEFERRED ASSESSMENT REQUIREMENTS 7 ADOPT ASSESSMENT ROLL FOR PUlNAM, ALLEN & ALMEIDA PROPERTIES, CONTINUED.................. 3 CONSIDER VARIANCE/SIDEYARD SETBACK/771-141sT AVENUENW Motion to approve (RES. 117-07) ........................................................................................ 7 CONSIDER CONDITIONAL USE PERMIT AMENDMENT/MOSQUITO CONTROL B~DING EXP ANSION/1280 BUNKER LAKE BLVD NW Motion to approve (RES. 118~07) ........................................................................................ 7 CONSIDER CONDITIONAL USE PERMIT AMENDMENT/475 ANDOVER BLVD NW Motion to approve (RES. 119-07) ........................................................................................ 8 CONSIDER MEMORIAL PLAQUE POLICy......................................................................... 9 DISCUSS/ADOPT 2007-2008 CITY COUNCIL GOALS ....................................................... 10 SCHEDULE JOINT MEETING WITH PARK & RECREATION COMMISSION ................ 10 RESCHEDULE NOVEMBER 6, 2007 COUNCIL MEETING ................................................ 10 SCHEDULE EDA MEETING ................................................................................................... 10 ADMINISTRATOR REPORT .............................._................................................................... 11 o Regular Andover City Council Meeting Minutes-August 21,2007 Page 14 Regular Andover City Council Meeting Minutes-August 21,2007 Table of Contents Page ii MA YORfCOUNCIL INPUT 139th and Crosstown Improvements...................................................................................... 11 Easement Vacations ................................................................... ........ .... ... ........... ................. 11 Weather Siren............................. .............. ..... .......................... .......................................... .... 11 Detour Signs................. ...................... ................................................................................... 11 New Signal Light on Crosstown ........................................................................................... 11 County Improvements on Bunker Lake Boulevard............................................................... 12 ADJOURNMENT...................................................................................................................... 12 o o 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 O~~ 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 - AUGUST 21, 2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, August 21,2007,7:00 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 City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Ms. Trudv VanHouse - 270 1-134th Lane NW, thanked the Council for evaluating the effectiveness and efficiency of underground electric fencing for dogs. She passed out a handout to the Council and asked them to review it and contact her if they have questions. She does not believe electrical fencing is a good restraint. She asked the Council to consider making some sort oflaws regarding invisible fencing and the endangerment to the community. She asked the Council to take into consideration point four of the hand out. Mr. Dickinson indicated this item will be at the next Planning & Zoning Commission meeting on August 29,2007 for the public hearing. Mr. Shawn Rogers -169 1420d Avenue, stated he was at the meeting to discuss getting a task force or commission together regarding natural resources in the City. He stated he visited with Kameron Kytonen a couple of weeks ago to discuss issues regarding natural resources within the City. He reviewed some of the issues with the Council including when residents water lawns, water bans, storm water waste pollution programs and others. Mr. Rogers thought the City could do things a little differently or communicate better and he thought maybe if a group of people were brought together to do this it might be helpful to the. residents. He wanted to clarify what might be most beneficial for the City and residents to work together to get a couple things accomplished. He looked at other cities and a lot of cities have commissions or boards that deal with a lot of these things and he thought the City needed to seriously look at that. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 C 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 Regular Andover City Council Meeting Minutes - August 21, 2007 Page 2 Mr. Rogers explained he would like to have some cooperation between a group of volunteers to bring some ideas to the City but he thought the City needs to seriously consider having a Natural or Environmental Resources Board or Commission or Task Force. Councilmember Trude thought it was a good idea that he talked to Mr. Kytonen. She explained Mr. Kytonen is their Natural Resource Technician working on trying to prevent water pollution in their community or improving the quality of the water and she thought the issues brought up all tie in and there is the issue of private property rights versus the Government's interest to protect the health, welfare and safety. She stated the question is how far they go with this. Mr. Rogers stated he read the majority of the Storm Water Pollution Prevention program and there are some pretty aggressive initiatives the City is working with. He thought by having a forum or task force for citizens to go to or having informational meetings that would address this would make the program easier to implement. Councilmember Trude indicated she likes his idea because she thinks the biggest angle they have not been able to handle because they do not have enough staff is all the educational efforts that it takes to help people understand how to protect the environment around them. Mayor Gamache suggested staff get information from the boards in other cities to see what they are doing and bring it to the Council for review at a workshop. AGENDA APPROVAL Add Item 8A, (Approve Raffie Permit/Andover Center Ice Club) to the consent agenda. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES August 8, 2007, Regular Meeting: Correct as written. Councilmember Jacobson stated on page 5, line 21 the sentence should read "...meeting that he waRted did not want to change anything or look at anything differently". 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 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-August 21,2007 Page 3 CONSENT ITEMS Item 2 Item 3 Approval of Claims Declare Costs/Order Assessment Ro1l/06-37/161st Avenue NW & Crane Street NW/Intersection Improvements (See Resolution Rl14-07) Accept Petition/Order Feasibility ReportJ07-35/13817 Jay Street NW (Thurston- DeShaw Funeral Home)/WM (See Resolution Rl15-07) Declare Cost/Order Assessment Roll/07-13/13 83 5 Underclift Street NW /WM (See Resolution Rl16-07) Approve Agreement/07-38/Irrigation Wells Hydrological Study Recycling Agreement with Anoka County & City of Andover Declare Fire Department Excess Property Approve Raffle Permit/Andover Center Ice Club Item 4 Item 5 Item 6 Item 7 Item 8 Item 8a Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Sergeant Tim Day, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Councilmember Jacobson asked if the thefts involved kids or adults. Sergeant Day stated most are under twenty years old. He wanted to remind everyone to remember to lock their sheds, car doors, and to close garages because this is where they are having the problems. DISCUSS DEFERRED ASSESSMENT REQUIREMENTS & ADOPT ASSESSMENT ROLL FOR PUTNAM, ALLEN & ALMEIDA PROPERTIES, CONTINUED It was noted there is a letter from Mr. Putnam appealing the assessment. Mayor Gamache read the letter into the record. Mr. Berkowitz stated the City Council is requested to discuss deferred assessment requirements and approve the resolution adopting the assessment roll for the Putnam, Allen and Almedia properties associated with the Woodland Crossings (05-32), Shaw's Glen (05-24) and Cardinal Ridge (05-20) street and utility improvements. Mayor Gamache reviewed the issues that were brought forward at the last meeting. Councilmember Trude asked when they receive a letter of appeal are they appealing the entire assessment. City Attorney Hawkins stated Mr. Putnam has filed his letter of objection, which is required by Statute. He now has the option ifhe wishes to proceed and file a notice of appeal. 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 - August 21, 2007 Page 4 Councilmember Trude wondered if Mr. Allen's letter was also considered a notice of appeal. City Attorney Hawkins thought that would also constitute the notice required by the Statute but he would still need to file his appeal and perfect it as required by MN Statute 429. He stated this is a complex process and normally would recommend the landowners retain an attorney to do that because if they don't do it correctly, they forfeit their right to appeal. Councilmember Trude stated the landowners are simply preserving their rights which does not affect the City's right to act on the proposals that staff has brought forward. City Attorney Hawkins indicated that is correct. Councilmember Knight asked if this assessment is done as presented, does that set a precedent for all future developments that could be asked or demanded in the same way from the developer. Mr. Dickinson stated as staffhas this presented it would not create a precedent. As the two residents who have requested it be changed, that would likely set a precedent. Mr. Berkowitz indicated this is a unique situation and usually when a deferral comes up it is a very unique situation. Staff works with the City Council well ahead of time before this project moves forward and gets their feedback ahead of time. To set precedence, this was a unique situation because of the way the area developed around these parcels. In the future, anything that is similar will be brought forward to the Council ahead of time to determine if it is a reasonable request at that time. Councilmember Orttel assumed staff talked to the property owners that were not involved in the project well before the assessment was made so they had some heads up that it was coming. Mr. Berkowitz stated there was a discussion with those owners of adjacent parcels but they did not at any time through that process say that they were compeltely on board with it. Mr. Berkowitz reviewed the process staff took with the property owners and public hearings that have been done. Councilmember Jacobson asked on point two in the resolution, it says "Sale of the Property", in the attorney's opinion does that mean the sale of any of the property or would it have to be the sale of the entire property for that to kick in. City Attorney Hawkins thought the deferral would be recorded against each of the property identification numbers identified in the resolution. If anyone of the parcels is sold then the assessment would have to be paid. City Attorney Hawkins stated if one of the pin numbers in the resolution is split by metes and bounds than the assessment will be due at that time payable in full. City Attorney Hawkins stated in the first full paragraph after three (3) where they adjust the amount by the engineering news record it says "Until the time of actual development". He thought the resolution was done before they added items 1, 2 and 3 and he wondered if it should read "Until the time oftermination of deferral" because death would not be development so it should be tied into 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 38 039 40 41 42 43 44 Regular Andover City Council Meeting Minutes - August 21, 2007 Page 5 one of those three items. He indicated he made a change that would read "From June 2007 until the time of termination of such deferral", Councilmember Jacobson stated the possibility exists that if this is passed and nothing is done, this property and their carrying charges could go out ten or more years and the possibility might be that if . it is developed in twenty years that the assessments against the property could be so great that they could not sustain them on the property. He suggested they add point four (4) that reads "Or ten years from the date the assessment deferral has passed." Councilmember Orttel stated this would imply that it would be due in full at that time and is kind of harsh for a homeowner and he thought after ten years the assessment period would start to run. Councilmember Jacobson indicated he was not suggesting it all be due at one time but that they need to start. paying on it otherwise it is sitting out there. Councilmember Orttel wondered whatthe difference is between deferred assessment and deferring the placement of the assessment. He wondered if there is any fmancialloss or risk to the City. Mr. Dickinson stated they want to complete a process that would at least identify in a title search that this is out there. From a fiscal perspective he did not think either one would create a problem for them as long as they had identified there is an index or collection process at some point. He thought the main thing is what triggers the assessment. He would be more concerned with what triggers the assessment and that it does get to a point where it is perfected enough that all title searches will find. it. City Attorney Hawkins stated this is a deferral process where they are required by Statute to record a certificate and the other one is not doing anything and then doing a supplemental assessment at a later date, which you can do for sewer and water but streets are not included in the Statutes. They could hold the assessment and then when the property develops in the future for sewer and water and brought in a plat, that is what would trigger it. Then they could assess it for whatever they felt the value was at that time. Councilmember Trude asked if they did the lot by lot where they pay it off, she sees this as a unique situation. Maybe they could craft this to show it as a unique situation and they can pay the assessment off.as it sells. Mayor Gamache stated it is a unique situation and ifhe looks long term it would seem to him that if they did not allow them to break off piece by piece and pay the assessments, it might be just as likely they do not do anything and the City will not get anything back until the parcel is sold in whole in the future. He thought they should move ahead because this is a unique situation. Councilmember Knight stated historically they have never assessed a property for sewer and water when it runs by them, such as a farm, so how does this situation differ from that. He asked who initiated the development. Mr. Berkowitz indicated the three developers did. Councilmember Jacobson stated he did not have a problem with the idea of a deferral because they 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-August 21,2007 Page 6 have done this before but when he looks at the volume of the money and the open ended part of this there is no time limit and the city could be liable for years. Councilmember Orttel agreed. Councilmember Trude wondered if they want to put a time limit on this. Councilmember Jacobson suggested they put a reasonable time limit so they do not force the landowners to develop right away but there is a time certain down the road that if nothing happens that the public money begins to come back on a regular basis. Councilmember Knight stated the. only problem with that is if someone planned to stay on their property indefInitely what happens with the assessment and how are they going to resolve that. Councilmember Trude stated the 5.5 percent is the maximum rate so each year this could never exceed 5.5 percent. Mr. Berkowitz stated that is correct. He stated the Engineering News Record is what they would use and if this gets to over 5.5 percent they would cap it at 5.5 percent. Councilmember Trude thought they should put "never to exceed 5.5 percent" in the resolution. . . Councilmember Trude thought this should be added in the fmal paragraph after item 3 that reads "The final construction assessment amount will be adjusted by the ENR Construction Cost Index from June 2007 to the time oftermination deferral. The construction index shall not exceed 5.5 percent annually". Councilmember Trude wondered if anyone had a problem with them working with the landowners on a lot by lot assessment. Councilmember Jacobson indicated they could still work with them on a lot by lot basis even if they have a ten or twelve year assessment. Councilmember Trude stated if the landowner wanted to keep a big parcel for themselves they could payoff the assessment by selling some and not all of the lots that have sewer and water hook ups. They would need to put a limit on it with a date certain if they want to do this on a lot by lot basis. Motion by Jacobson, Seconded by Knight, to defer action on the item tonight to allow the City Attorney and staff to work on the language in the resolution and bring it back for approval at the next City Council meeting. Councilmember Trude wants to make sure that they have clear direction on this so that major changes on the conditions would be that there could be a payment of the assessments on a lot by lot basis if there is not full development but in any case there would be a ten year limit to the deferment whether there is sale of any lots or no lots. City Attorney Hawkins stated after ten years, the deferral is not paid all at once; it is paid over eight years but they always have the right to prepay it. Councilmember Trude stated they also want to put a cap of 5.5 percent on the ENR Construction Cost Index. Motion carried unanimously. 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-August 21,2007 Page 7 Mr. Berkowitz asked if the Council wants to discuss the variance issue now or at the next meeting. Mayor Gamache thought they need to get clarification on this. Councilmember Orttel asked that staff look at the ordinance to see if it is allowed and bring it back to the next meeting. Councilmember Trude thought the variance is the correct approach rather than messing it up with the deferrals. She did not think they should be intermingled. The rest of the Council agreed. Mr. Jerry Putnam, 1869 - 157th Lane NW, stated he feels he is being forced to develop. He may not be able to afford to move and purchase something else because he feels he is gambling that the sale of the land will be enough to pay the assessment and still have something left to live on. He stated he did not understand the process of how he ended up here. He felt they are being forced to develop their land because the assessment is higher than what their property is appraised at. He did not know where the City thought he was going to come up with the money to pay for the assessment. He did not know how the development could go ahead based on the belief that he would pay. He stated he never agreed to pay and is still saying he will not pay because he did not see how he would be able to afford it. CONSIDER V ARIANCE/SIDEYARD SETBACK/771 _141sT A VENUE NW Mr. Neumeister stated the applicant is requesting a variance to the side yard setback to allow for the construction of a deck. Motion by Jacobson, Seconded by Knight, to approve the proposed variance as presented by staff. Councilmember Orttel thought they had a number of these and he thought they told the Building Department to not allow them anymore. Councilmember Trude stated as new lots are being planned this will not occur but they have an inventory oflots where this is going to be an issue and it would be nice if they could come up with an administrative process to allow this. Mr. Hawkins stated technically it needs Council approval because it is a variance so they would have to put this on the consent agenda for Council approval. The Council was fine with that. Motion carried unanimously. (RES. RI17-07) CONSIDER CONDITIONAL USE PERMIT AMENDMENT/MOSQUITO CONTROL BUILDING EXPANSION/1280 BUNKER LAKE BLVD NW Mr. Neumeister stated the applicant is requesting an amendment to their conditional use permit to . allow additional office space, a new storage building and additional parking area Motion by Knight, Seconded by Orttel, to approve the proposed conditional use permit amendment 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-August 21,2007 Page 8 and make a final determination regarding the following items: 1. Building architecture 2. Variance to irrigation requirement 3. Screening of Bunker Lake Boulevard must be reviewed and approved by Council and staff Councilmember Jacobson stated they need some screening to screen the building from Bunker Lake Boulevard and he indicated he would not vote in favor of this unless screening is done. Mr. Richard Gauger, Gauger Engineering, Inc., 35 W. Water Street, St. Paul, MN, and Mr. Wayne Hilbert, CNH Architects, 7300 West 147th Street, Suite 504, Apple Valley, MN were at the meeting to answer questions. Mr. Gauger stated the portion of the property they lease from Anoka County does have a landscaping plan. He thought what the Council is concerned about is additional landscaping work that needs to be done within the right-of-way, which the County controls. They are providing from a District standpoint quite a bit of landscaping around the building. He stated they are trying to address the landscaping issues around the property they are leasing and he can take the comments back to the County for consideration because he did not know what else they can do as a District regarding additional screening. Councilmember Trude thought the bulk of the landscaping need to go between Bunker Lake Boulevard and the building. Motion carried unanimously. (RES. Rl18-07) CONSIDER CONDITIONAL USE PERMIT AMENDMENT/475 ANDOVER BLVD NW Mr. Neumeister stated last December, Sambulsa of Minnesota, Inc. received approval for a Conditional Use Permit to add a temple to an existing house located at 475 Andover Boulevard. The applicants would like to change those plans and build a separate prayer room on the site, leaving the existing house untouched. Mr. Neumeister stated for the record he want to make sure the new building will conform to the City Building Code for building materials. He wants this worded so the applicant understands they must comply with the Building Code and City Building and Zoning Codes for the materials for the Zoning District this building will be located in. Councilmember Jacobson asked when they approved this before it was going to be a part of the existing home. With this new building is it the intention to use the same siding, color roofing, etc. so it blends with the existing home? Mr. Jack Prescott stated they will be making the new building the same appearance, material and color as the existing house. 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-August 21,2007 Page 9 Motion by Jacobson, Seconded by Knight, to approve the amendment to the Conditional Use Permit. Motion carried unanimously. (RES. RI19-07) CONSIDER MEMORIAL PLAQUE POLICY Mr. Berkowitz stated this item is in regard to considering approval of a memorial plaque policy. Councilmember Trude stated on item two in the tree section, the sentence "The donor can choose the general vicinity" should read "The donor can choose the park" and staff needs to look at mowing patterns, park usage because of safety matters to consider the actual placement. She did not want to say general vicinity because she did not want people to be disappointed. She did not know why it had to be an individual's full proper name; she thought it could be a nickname as long as offensive nicknames will not be used. Councilmember Knight asked if a memorial is vandalized who is responsible for cleaning it up. Mr. Berkowitz indicated the City would be. Councilmember Jacobson did not know if he would like to have people disperse ashes in parks. Councilmember Trude thought that should be deleted. Councilmember Orttel asked for clarification of Section 4, number 7. He thought a sentence was missing. Councilmember Trude thought they should delete this. Councilmember Jacobson thought they should keep business names off memorials. The Council agreed. Councilmember Trude thought they should add a section titled "Plaques" where all that information is located. Mr. Berkowitz reviewed the changes the Council has discussed. Councilmember Trude stated on the bench generally it talks about concrete benches and wondered if instead on only allowing concrete benches they could word it to say "benches will be those chosen and installed by Park Staff". She wondered if they need to indicate what the bench would be made of because in five years they may change the material. Mr. Berkowitz thought they could state "at the discretion of the Parks Coordinator). Councilmember Trude suggested they have Todd Haas review this with the Park Staff to see if they see any problems that Council might not have thought of from the installation/maintenance side. She stated the word "donator" should read "donor". Councilmember Trude stated one last item was some cities do this to raise funds and allow people to do something to honor someone and not just as a memorial and she wondered if they want to allow someone to make a donation in honor of someone. Councilmember Jacobson indicated the person 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 Regular Andover City Council Meeting Minutes - August 21, 2007 Page 10 needs to be dead. DISCUSS/ADOPT 2007 - 2008 CITY COUNCIL GOALS Mr. Dickinson stated-the Council is requested to discuss and adopt the attached 2007-2008 Goal listing and authorize staff to start the processes and activities to complete the goals based on the priority rating identified. Motion by Jacobson, Seconded by Knight, to adopt the attached 2007-2008 Goal listing and authorize staff to start the processes and activities necessary to complete the goals based on the priority rating identified. Motion carried unanimously. SCHEDULE JOINT MEETING WITH PARK & RECREATION COMMISSION Motion by Trude, Seconded by Orttel, to schedule a joint meeting with the Park & Recreation Commission for September 20,2007 at 7:00 p.m. Motion carried unanimously. RESCHEDULE NOVEMBER 6, 2007 COUNCIL MEETING Mr. Dickinson stated School District #11 has scheduled an election for November 6,2007, which is a regular City Council meeting night. Council can meet either at 8:01 p.m. on the 6th, Monday, November 5th, Wednesday, November 8th or Thursday, November 9th. Motion by Jacobson, Seconded by Gamache, to reschedule the November 6, 2007 Council meeting to 8:01 p.m. Motion carried unanimously. SCHEDULE EDA MEETING Motion by Trude, Seconded by Knight, schedule an EDA meeting on September 4,2007 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the Administration and city department activities, meeting reminders, and miscellaneous projects. City Engineer Berkowitz updated the Council on road improvements projects in the City. 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..:. August 21, 2007 Page 11 MAYOR/COUNCIL INPUT (13cjh and Crosstown Improvements) - Councilmember Orttel asked ifthere is anything going on at 139th and Crosstown. Mr. Berkowitz stated that is on the to-do-list and they are going to start to meet with the neighborhood regarding improving the intersection. (Easement Vacations) - Councilmember Orttel stated he had a residynt ask about when building a shed or pool on an easement it takes a couple of months before it gets to Council and they were wondering "if there was any way that can be done administratively instead of going through the Council. City Attorney Hawkins stated the only way it can be vacated is through a Council action. Mr. Berkowitz stated they have been getting a lot of questions regarding encroachment because they have put into place a fence and retaitring wall permit and by doing that there have been a lot of requests for encroachment and he wondered if that is something staff could review and approve. City Attorney Hawkins stated they have to set some sort of standard but if Council wants to authorize staff to review encroachments and approve them they could. (Weather Siren) - Councilmember Jacobson asked how they are coming on the weather siren across from Fire Station One. Mr. Dickinson indicated he has received a lease proposal on doing a replacement on that siren pole with a wireless company. They are stalled on lease revenue. They have worked through the process on what that would be but he does not want to come forth to the Council until1hey have been able to work out lease terms he thinks will be acceptable to Council yet. (Detour Signs) - Mayor Gamache stated they talked after National Night Out about the detour signs so people are not driving through the neighborhoods by Hidden Creek Park and he wondered if they have added the signs yet. Mr. Berkowitz stated he has not seen anything back but he met with the inspector on the job last Friday and they were going to come back with a proposal but he has not seen anything. He stated their initial response was they were looking at a sign right off of Crosstown Boulevard at 133M noting there is no outlet to Bunker Lake Boulevard. The other option is to sign the ten intersections in the neighborhoods. (New Signal Light on Crosstown) - Councilmember Trude noted the new signal light on Crosstown Boulevard seems to get stuck for minutes and they get a back up of cars and she wondered if staff could talk to the County about this and see about getting the timing changed. Mr. Berkowit?; stated he would touch base with them on this item. (County Improvements on Bunker Lake Boulevard) - Councilmember Trude stated when they finish the improvements on Bunker Lake Boulevard, they are going to put up a concrete median that goes about three to four hundred feet east of where it is now and that will cut off anyone who uses the daycare from being able to access the daycare from both sides of Bunker Lake Boulevard. She wants the County to have a handout for the parents of that daycare because she does not know what they are going to do. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting ~ C Regular Andover City Council Meeting Minutes-August 21,2007 Page 12 1 adjourned at 09:09 p.m. 2 3 Respectfully submitted, 4 5 Susan Osbeck, Recording Secretary o o 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 CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: September 4, 2007 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $324,957.62 on disbursement edit lists #1 - #5 from 08/20/07 to 08/30/07 have been issued and released. .0 Claims totaling $1,017,147.53 on disbursement edit list #6 dated 09/04/07 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 REOUlRED The Andover City Council is requested to approve total claims in the amount of $1,342,105.15. Please note that Council Meeting minutes will be used as documented approval. 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E => U => U > i:i2 S",,,,,,, =:;t:=It:=\i;; ~=== o lI) lI) ll) -::0 SSE 5~~~ >"""""" "" < o .. ~ E ~ ~ ... '" -; :; z; .... '" -< '" .... o:l Q .... = ~ >. o:l Q., -:= :; o = ..( = .S .... Q. .;: '" '" .. Q o o z; '" '" '0 .s '" ~ "" ..... on on r:.: .... r:.:- 0, - ~ <.> .. " c.<: "u ..:..... -'" 0 <.> ~ " " '<:.0 us ~ 0 <S;z: tad ~~ ~ "" .... ':': .... o o ~ t2 00 o ~ - '" ::5 ..... o ~ -'" <.> " .<: U ~ .!:l " 0. E o 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: CC: /. ,; Mayor and Council Members ~ Jim Dickinson, City Administrator David D. Berkowitz, Director of Public orks/City Engineer'J:ll:>"D FROM: Todd J. Haas, Asst. Public Works Director/Parks Coordinator SUBJECT: Approve Memorial Plaque Policy - Engineering DATE: September 4, 2007 INTRODUCTION This item is in regard to considering approval of a memorial plaque policy. DISCUSSION Attached is the policy which includes changes that were suggested by the City Council at the last meeting.. A copy ofthe revised policy was forwarded to the Public Works Parks Department for their review and they had no issues with what is being proposed. ACTION REQUIRED The City Council is requested to consider approving the policy for memorial plaques and benches as recommended by the Park & Recreation Commission. Respectfully submitted, ~~ Attachments: Memorial Plaque Policy o 1. 2. 3. 4. 0 5. 6. 7. 8. 9. o City of Andover Policy for Memorial Plaques and Benches I. Introduction The City of Andover supports the needs and principles of allowing memorials in parks and green space areas, but is also mindful that these facilities have many uses and are enjoyed by a wide range of people. Therefore, the City desires to manage and regulate memorials for the mutual benefit of all. It is the intention that the Memorial Giving Policy only covers the broad sense of memorials and is not meant to be exhaustive. Memorial proposals outside the scope of this policy may still be considered. II. General Applications for memorials are available at City Hall. The Parks Coordinator shall be responsible for the consideration of applications. Applications will be accepted from next of kin or an executor of estate. All memorials are to be paid for by the applicant on or before installation. Memorials will be positioned to maximize the benefit to an area. The City will attempt to accommodate the wishes of the applicant at all times. The number of memorials shall not detract from the prime recreational purposes of an area. The City may limit the number of memorials in a particular area. The City accepts no liability for damage to any memorials from vandals, third parties or while carrying out maintenance activities unless specifically noted. The City reserves the right to remove any memorials that have been damaged and, is in the view of the appointed officer, beyond repair. Applications for memorials to pets or to scatter the ashes of pets shall not b accepted. The name displayed on the memorial plaque shall be the individual's full proper name. Nicknames, where appropriate, may be included at the donor's request. No business names are allowed. III. Memorial Tree and Plaaue 1. The memorial tree program plants a 1 % caliper inch balled and burlapped maple, oak, ash or linden tree in the donor's park of choice with recognition of the memorial on a permanent plaque to be displayed at the site. 2. The donor can choose the park of the planting location within a park; the exact placement of the tree is dependent upon existing site conditions and shall be determined by the appointed officer. 3. No additional mementos, e.g. vases, statues, etc., shall be permitted at the location of the tree. G:\STAFF\RHONDAA\PARK\Memorial Plaque Policy.doc 1 o 4. The estimated cost of a memorial tre is $500, which will b submitted as an escrow. Unused funds will be returned to the applicant or donor of the $500. The health of the tree is guaranteed for 5 years, IV. Memorial Bench o 1. A memorial bench may be dedicated in the donor's park of choice. . 2. The donor can choose the general placement within a park; the exact location of the bench is dependent upon existing site conditions and shall be determined by the appointed officer. 3. Benches will be constructed from a concrete material and be of a high quality design. The bench will be secured in a concrete pad by the City and/or its contractor. 4. A brass plaque with the inscription "in memory of' the name of the person, recognition of public office (if appropriate), and dates of birth and death will b affixed to the bench. In the event that the plaque is damaged, defaced, and/or removed, the City will replace it for the useful life of the bench. 5. No additional mementos, e.g. vases, statues, etc. shall be permitted at the location of the bench. 6. The estimated cost of a memorial bench is $1000, which will be submitted as an escrow. Unused funds will be returned to the applicant or donor of th $1000. A bench is guaranteed for a minimum of 10 years. V. Other Memorials 1. Other memorial donations, e.g. picnic shelter, playground, etc., will be considered on an individual basis. 2. Recognition of such memorials will be made at an appropriate level in consultation with the next of kin or executor of estate. o G:\STAFF\RHONDAA\PARK\Memorial Plaque Policy,doc 2 o o o City of Andover Application for Memorial Applicant Name: Address: Telephone Number: (H) (W) Existing Facility Name: Type of Memorial: Tree & Plaque D Bench & Plaque D Wording for Plaque and Desired Location: Please attach other supporting documents. G:\STAFF\RHONDAA\PARK\Memorial Plaque Policy,doc 3 o o 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 Administratoy FROM: David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Receive Assessment Roll/Order Public Hearing/06-37/161s1 Avenue NW & Crane Street NW/Intersection Improvements - Engineering DATE: September 4,2007 INTRODUCTION The City Council is requested to approve the resolution for the hearing on the proposed assessment for intersection improvements for 161 sl Avenue NW & Crane Street NW, Project 06- 37. DISCUSSION The intersection improvements were completed in June of this year. Staff provided an assessment worksheet to all parties involved for their review. The assessment worksheet has been modified slightly from the review copy. A sign relocation charge has been added since the draft assessment worksheet was sent out. The total project cost for the intersection improvements at 161 sl Avenue NW and Crane Street NW is $156,577.87. The final assessments are as follows: The proposed assessments are based on a per unit cost or a potential per lot for future developments ($2,087.70) and are as follow: Larry Emmerich, 15 units (White Pine Wilderness Plat) Larry Emmerich, 45 units (White Pine Wilderness 2nd Add. Plat) Steve & Cheryl Olmscheid, 10 units (1487 - 161s1 Avenue NW) Keith & RhondaRischer, 5 units (16157 Hanson Boulevard NW) $ 31,315,50 $ . 93,946.73 $ 20,877.05 $ 10,438.53 Q Mayor and Council Members August 21, 2007 Page 2 of2 It was discussed at the improvement public hearing for this project to consider deferred assessments for the Olmscheid and Rischer properties. If deferred assessments are to be considered, staff recommends the following be identified as a requirement with the deferral: . The assessment value be increased 5.5% annually · The assessment is to be paid when one or more ofthe following occurs: o Division of the parcel by metes and bounds description or platting; o Sale ofthe property; or o Death ofthe last person who had an ownership interest in the property at the time of the resolution approving the deferral. o October 2,2017 o BUDGET IMPACT The entire project cost will be assessed to the White Pine Wilderness developments and the properties to the west (1487 - 161s1 AvenueNW & 16157 Hanson Boulevard NW) of the White Pine Wilderness development. If deferred assessments are approved, the City will carry those costs through the Permanent Improvement Revolving Fund. ACTION REOUIRED The City Council is requested to receive the assessment roll and approve the resolution for the hearing on the proposed assessment for intersection improvements at 161 sl Avenue NW & Crane Street NW, Project 06-37. Respectfully submitted, Q~Q, David D. Berkowitz Attachments: Reso1utio~ Assessment Role cc: Larry Emmerich, 1341 - 161st Ave. NW, Andover Steve & Cheryl Olmscheid, 1487 - 161 sl Avenue NW, Andover Keith & Rhonda Rischer, 16157 Hanson Boulevard NW, Andover o o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR INTERSECTION IMPROVEMENTS FOR 161ST AVENUE NW & CRANE STREET NW, PROJECT NO. 06-37, WHEREAS, by a resolution passed by the City Council on Auqust 21. 2007, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 06-37, 1615t Avenue NW & Crane Street NW. 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 2nd day of October ,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. 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Berkowitz, Director of Public Works/City Engineer SUBJECT: Accept Feasibility Report/Waive Public Hearingl07-35/13817 Jay Street NW (Thurston-DeShaw Funeral Home)/WM - Engineering DATE: September 4, 2007 INTRODUCTION This item is in regards to approving the resolution accepting the feasibility report and waiving public hearing for Project 07-35, 13817 Jay Street NW (Thurston-DeShaw Funeral Home) for water main connection charge. o DISCUSSION Feasibilitv Report The proposed assessment is based on the 2007 rates and the rates are as follows: Water Main Area Charge Paid through the purchase agreement of the property with the City. Connection Charge $18,403.00/Acre x 2.27/Acre = $41,774.81 Lateral Charge Paid through the purchase agreement of the property with the City. Assessing Fee (1%) = Total for Water Main Connection Charge = $417.75 $42,192.56 BUDGET IMPACT The $42,192.56 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 07-35, 13817 Jay Street NW (Thurston-DeShaw Funeral Home). o Respectfully submitted, ~~B3o~ Attachments: Resolutio~etitio~ Location Map/ cc: Daniel DeShaw, Thurston-Lindberg Funeral Home, 2005 Branch Ave., Anoka, Mn 55303 o o 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, 07-35 FOR WATER MAIN CONNECTION CHARGE IN THE FOllOWING AREA OF 13817 JAY STREET NW (THURSTON-DESHAW FUNERAL HOME). WHEREAS, the City Council did on the 21st, day of Auqust , 2007, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by Citv Enqineer and presented to the Council on the 4th day of September , 2007 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 42.192.56 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 for water main connection charge of $ 42.192.56, waive the Public Hearing and order improvements. MOTION seconded by Councilmember City Council at a reqular meeting this 4th Councilmembers and adopted by the day of September, 2007 , with voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor VictoriaVolk - City Clerk O{-3'5C~P i ~UM,-fg~g-~~~. 13817 Jay street Northwest Andover, Minnesota 55304 Telephone: (763) 421-0220 Fax: (763) 421-8899 August 7, 2007 Andover City Engineer 1685 Crosstown Boulevard Northwest Andover, Minnesota 55304 Re: Municipal Improvement Dear City Engineer; We do hereby petition to have the Water Connection Charge for the Thurston-DeShaw Funeral Home to be o assess(:d against our benefiting property. . Said petition is llUlmimous and all public hearings may be waived. We would like to be assessed over a five year period. ' SqUP /-?f ~ Joyq~haw 0~ ___C? ~~ Daniel R. DeShaw 13817 Jay Street Northwest Andover, Minnesota 55304 (763) 421-0220 o l City 01 County Co 34. T~ STA TION NORTH 125 \ ~~~ I '/ ; Iliii ..... -- --" ' 1/ 25 - ~. .-1 u.,-- -- ".-' ',,-,-.--" "-I! Lire of 1ft !iE1/~_'" 1M NEt/4-", s.c. ~ t .: R. ~. " oJ. lint of 1ft 1E1/4 of 1M NEf;4 .,.sc .J4 t: .JZ. It ~ t / OUTLOT A _'-,_,_,_, .. 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N8!lTU'3rW I L roo c.. t - ::::r:r\1 II ~\, A R'" , 0- .. \..1- L.oiVVL...C.VI""\ U $II: Qr. of"'!iE1/.,.~5.~~l,:,Sf1{"'~r-.JZ.NE1f1z:'.5K.Jt r. ~24 >-8 ~ T ~ I <oc ~ "..t~ I "":K~"" I . 1'"\1, v,..., IiOO.OO I> 1 j ./1 \ l~ . , , , , I , I, ---- _00 -- w;;- "D za CD ~~ II ~I M "'... :~ I' "Z !i ;:~ :& I rl : ili .. ~I \", I I DeShaw Funeral" 4.54 Home ....110 - 2 ~ ~ 1cJ 101.59& ..... .... -- C) 0::: cC: -> [,J --' :) o co --, -r "'- o (ll .1 ~ ~-150- oaa.oo ~t_ --=-- 6DC1tH 3ID.DD I ~McIbr~".".".,ttlt ... .sE CIr. ., 1M NEt/4 l'i'"'r"'\' I~I"'-" ~~ A 'T'r- A fr"\. .,SK. '" r..R R. 2f '-"''-'VI'' I I .. I r'\ I nlU r~I"t r", A " t.1 1<1...' ---.: - f -:'l'it.; ;"~~. ,,0) .. . I:) ~ I 4 I 0 ~~ ~~;> I- ADDITION , ,. I I '" I RLK. o o 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, Director of Pub IC orks/City Enginee~]> FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Receive Assessment RoWWaive Public Hearing/Adopt Assessment RoU/07- 13/13835 Underclift Street NW/WM - Engineering DATE: September 4,2007 INTRODUCTION This item is in regard to waiving the public hearing and adopting the assessment roll for 13835 Underclift Street NW for water main, Project 07-13. DISCUSSION The City Council at the August 21, 2007 meeting approved a resolution declaring the cost and ordering assessment roll. This item is the last step as required by law to be able to levy the assessment to the property. BUDGET IMP ACT This will be assessed over a five year period. ACTION REQUIRED The City Council is requested to approve the resolution waiving the public hearing and adopting the assessment roll for the improvement of water main for Project 07-13,13835 Underclift Street NW. Respectfully submitted, T~~ Attachments: Resolution, Assessment Roll, Location Map & Waiver cc: Shane McBride, 13835 Underclift Street NW, Andover o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROll FOR THE IMPROVEMENT OF WATER MAIN IN THE FOllOWING AREA OF 13835 UNDERCLlFT STREET NW, PROJECT 07-13. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF ANDOVER, MINNESOTA: o 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of L years, the first of the installments to be payable on or before the 1 st Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 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. MOTION seconded by Councilmember City Council at a reoular meeting this 4th Councilmembers and adopted by the day of Seotember ,2007, with voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER voting o ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o - (Ii) .- 1'...~ (=> (U) L..oo...-+ '4fli1 ~ I (zS) ('ID) I (gr.) '.. JIH. N- =.,. I,j .~._~- J.I-_JI!. .. ':> i (z) \ ~ ~DD~ OVER '\ I C ;. z o o o 01-1 'S ., ., Date J ::; /t~^ ;J..aJ 7 ! Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: We do hereby petition for improvements of~termakl)sanitary sewer, storm sewer and streets (circle one or more) with the costs of the improvement to be assessed against my benefiting property. 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. Sincert) // _-Fl~ #U- Property Owner 5hti ne mt~ddQ.. Address 13~3~ Uncl;,rc/; ~-I-.s'~ If)(..() City, State, Zip ^rodDU~/' 11111. S-s- .lot.! Phone (Home)7(p 1- J;;'1- 7173 (Work) br-/- 77J.-79bl G:\DATA\STAFF\RHONDAA\FORMS\PETITION.DOC o C I T Y 0 F NDOVE (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 Administrato FROM: David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Approve Wayside Horn Agreement/07-40/Crosstown Boulevard NW & Railroad Tracks - Engineering DATE: September 4, 2007 o INTRODUCTION The City Council is requested to approve the Wayside Horn Agreement with Burlington Northern/Santa Fe (BNSF) for Crosstown Boulevard NW, Project 07-40. DISCUSSION City staff has reviewed the attached Wayside Horn Agreement with BNSF, which will allow the City to install Wayside Horns at Crosstown Boulevard NW and the tracks. The agreement has been modified slightly from the Andover Boulevard Wayside Horn Agreement. See Page 2 for the modificatIons. ACTION REQUIRED The City Council is requested to approve the Wayside Horn Agreement with Burlington Northern/Santa Fe (BNSF) for Crosstown Boulevard NW, Project 07-40. Respectfully submitted, David D. Berkowitz c;)~o. ./ Attachments: Wayside Horn Agreement (Crosstown Boulevard NW) o cc: Lynn Leibfried, BNSF o o o WAYSIDE HORN AGREEMENT THIS WAYSIDE HORN AGREEMENT (hereinafter called, this "Agreemenf'), is entered into effective as of , 200-, by and between BNSF Railway Company, a Delaware Corporation (hereinafter called, "BNSP'), and the City of Andover, Minnesota, a municipal corporation, (hereinafter called, the "Agency"). WITNESSETH WHEREAS, BNSF has grade crossing warning devices located at Crosstown Boulevard, LS 28, MP 129.65, DOT# 06l580K, as indicated on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the Agency is installing its automated horn system pursuant to the requirements of 49 CFR Part 222, (hereinafter called, "Wayside Horn System") with the existing automatic grade crossing wiuning 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. 2. SCOPE OF WORK a The Agency mnst 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 crossing. 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 horn 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 aI1 necesswy cable and conduit. e. BNSF will provide flagging services, at Agency's sole expense, necesswy 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. In the event installation of the improvements has not commenced within six (6) months following the effective date of this Agreement, 8NSF 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 Form 0109 Rev 09/28/06 o o o * of work incidental to the items Iisted 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, Q)NSTRUCTION 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 contact tenninals 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 Horn 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 Horn 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 horn in case of emergency, when the Wayside Horn 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 Horn System in good and operative condition, BNSF, may, at its option, remove the Wayside Horn System at the sole cost and expense of Agency. Upon removal of the Wayside Horn System, BNSF shall resume sounding the locomotive horn at the Andover Boulevard grade crossing. h. In the event Railroad incurs fl1i2lZine: or regulatory compliance exoense related to a failure of the Agency's systems or equipment, Agency agrees to reimburse Railroad for the full amounts expended. '2... Form 0109 Rev 09/28/06 o Q o 4. PROTECTION OF UNDERGROUND SYSTEMS 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), BNSFs 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, attorney's fees and court costs and expenses) arising out of or in any way conlributed to by any act or omission of Agency or its contractor, subcontractors, agents and/or employees that cause or in any way or degree conlribute 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. 5. 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 Horn 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 affi1;,rred 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 Form 0109 Rev 09128/06 ...3 o o o 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 installation and maintenance of the Wayside Horn System by the Agency. TIlE LIABILITY ASSUMED BY THE ACENCY IN TmS PROVISION WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, mAT THE DESTRUCTION, l>.".J\if}"CE, DE/.TH OR IN.JURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NECLlCENCE OF RAILROAD, ITS, I.CENTS, SERV)"'liTTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THI.T SUCH CLAIMS ....RE PROXIMATE I. Y CAUSED BY THE CROSS NECLlCENCE OR INTENTION!.L MISCONDUCT OF BNSF. c. The Agency further agrees, at its expense, in the name and on behalf of BNSF, that it will 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 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, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. 6. 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 Exlnbit "C" attached to and made a part of this Agreement The "Con1ractor Requirements" include clearance requirements and personal protective equipment requirements. Agency and its contractors will be responsible for becoming familiar with BNSF's "Con1ractor Requirements". Prior to entering BNSF property, Agency's Con1ractor must execute Exlnbit C-l 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 internet website: "contractororientation.com". Agency must ensure that each of its contractors, employees, subcon1ractors, 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 dming 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 Iimit of a minimum 0[$2,000,000 each occurrence and an aggregate Iimit 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 . Products and completed operations Form 0109 Rev 09128/06 4 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: . Statutory liability under the worker's compensation laws of the state(s) in which the work is to be perfonned 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. o d Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least $2,000,000 per occwrence and $6,000,000 in the aggregate. The policy must be issued on a standard ISO fonn CG 00 351093 and include the following: . Endorsed to include the Pollution Exclusion Amendment (ISO fonn CG 28311093) . 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 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 perfonned 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 Form 0109 Rev 09/28/06 5" e Railroad liabilities that would otherwise, in accordance with the provisions of this Agreement, 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 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 same 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 obligatiollS hereunder. For purposes of this section, Railroad means "Burlington Northern Santa Fe Corporation", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. o Form 0109 Rev 09128/06 ~ (; IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. o BNSF RAILWAY COMPANY By: Printed Name: Lynn Leibfried Title: Manll2er Public Proiects Form 0109 Rev 09/28/06 7 Exhibit A o o o 6 o Q. o I ~ (' \J . . ~ ~ ~ ~ e I I ~ ~ ~ ~ ' ~--;' 11I.1l'~ 1Io! I ' ~~ r--- . ~ I ~ I I I I ,/,/' /" ~ '/ ,~' ~ O'i>') 'I>-S9 ,~O /,:6-~~ /' i 1111 I , I, I I ~:u: - . p~ 'S ~ lil I I I I I I .1 I I ~j ; I I I 2r ' t", I I I I I I I CJ III ~~~fl ' ~. ~~ i I ~&1 i _ _ O(J) ." .. toO ':::i II.) ~ 4e~O , q III sq:o~ ~ ~~. - ~ ~\I. 'q)~ ~!I :00; II.. ~ 1-. ::r- rr + .l> 1\1 . , (" (, ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** o THE B. N. S. F. RAILWAY COMPANY FBPM ESTIMATE FOR CITY OF ANDOVER LOCATION: - ANDOVER DETAILS OF ESTIMATE PLAN ITEM: PSI061580K VERSION: 1 PURPOSE, JUSTIFICATION AND DESCRIPTION MONTHLY POWER UTILITY COST CENTER: 61740 INSTALL CONSTANT WARNING FOR WAYSIDE HORN INTERCONNECT AT CROSSTOWN BLVD IN COON RAPIDS, MN. TWIN CITIES DIV., HINCKLEY SUBDIV., LIS 0028, M.P. 129.65, DOT # 061580K. THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTIVE PACKAGES USED FOR ESTIMATING PURPOSE ONLY. THEY CAN BE EXPECTED TO CHANGE AFTER THE ENGINEERING PROCESS, DETAILED AND ACCURATE MATERIAL LISTS WILL BE FURNISHED WHEN ENGINEERING IS COMPLETED. CONTINUING CONTRACTS RAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD . THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR lABOR, MATERIAL, AND OVERHEAD. ******************~************ SIGNAL WORK ONLY ******************************* THE CITY OF ANDOVER,MN IS FUNDING THIS PROJECT 100%. MAINTAIN PROPRIETARY CONFIDENTIALITY. DESCRIPTION QUANTITY UIM BATTERY BUNGALOW MATERIAL CABLE CHARGERS CONDUIT, PVC 4", SCH 80 CONSTANT WARNING INTER~CE JCT. BOX MISC. WIRING MATERIAL Q2 SIGN RELAY W lBASE RTU-6, CELLULAR MONITOR SHUNT, NBS USE TAX OFFLINE TRANSPORTATION 1.00 1.00 1.00 1.00 60.00 1.00 1.00 1.00 1.00 3.00 1.00 4.00 EAN LS N EAN LS N FTN EAN EAN LS N EAN EAN EAN EAN COST TOTAL $ ----------- ----------- 7,332 5,369 1,938 7,355 1,154 ----------- ----------- 23,148 23,148 2,516 500 "3,096 450 234 30,477 300 1,500 200 1,500 2,060 2,116 3,491 559 ----------- ----------- 48,999 48,999 5,000 -------- ---------- 5,000 5,000 ----------- o ********** LABOR ********** SIGNAL FIELD lABOR - CAP PAYROLL ASSOCIATED COSTS EQUIPMENT EXPENSES DA LABOR OVERHEADS INSURANCE EXPENSES 336.00 MR TOTAL LABOR COST ********** MATERIAL ********** TOTAL MATERIAL COST ********** OTHER ********** CONTRACT ENGR. 1.00 EA N TOTAL OTHER ITEMS COST o f2")(. h;lo: + ~ PROJECT SUBTOTAL CONTINGENCIES BILL PREPARATION EEE 77,147 7,714 425 (> GROSS PROJECT COST LESS COST PAID BY BNSF 85,286 o TOTAL BILLABLE COST 85,286 o o 8~~; Io;-\- "B o o o LAW DEPARTMENT APPROVED EXHIBIT "e" CONTRACTOR REQUIREMENTS 1.01 General 1~01.01 The Contractor must cooperate with BNSF RAll.WAY 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 Crosstown 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 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 Govemmentallaws 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 # 061580K. 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 I Y. horizontal to I vertical slope beginning at eleven (II) 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 cnbbing, not included in the contract plans and two sets of structmai calculations of any falsework, shoring or cnbbing. 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 resuIts obtained by the implementation of said approved plans. 1.01.08 Subject to the movement of Riillway'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. q o o o 1.02 Contractor Safety Orientation 1.02.01 No employee of the Contractor, its subcontractors, agents orinvitees may enter Railway Property without first having completed Railway's Eugineering Contractor Safety Orientation, found on the web site www.contractororientation.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 Projeet. 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 annuaUy. 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 ofrail for electric wires carrying less than 750 volts 28'-0" Vertically above top ofrail for electric wires canying 750 volts to 15,000 volts 30'-0" Vertically ab!lve top ofrail for electric wires canying 15,000 volts to 20,000 volts 34'-0" Vertically above top of rail for electric wires canying 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 y''' Vertically above top ofrail 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 im,paired 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 borne 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 hazardons substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is proln"bited 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. 10 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 completiQn of the worle 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 mnst 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 Worleer Protection/On Track Safety Program and worle with Railway Project Representative to develop an on track safety strategy as descnbed in the guidelines 1isted 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 FIagger 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 o pursuant to union requirements. 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 worle 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: I.Os.02a When in the opinion of the Railway's Representative it is necessary to safeguard Railway's Property, employees, trains, engines and facilities. I.Os.02b When any excavation is performed below the bottom of tie elevation, it: in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. 1.0s.02c When work in any way interferes with the safe operation of trains at timetable speeds. I.Os.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. 1.0s.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 tlaggers. 1.0s.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. I.Os.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 (1) 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 Ii o 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 nla passenger trains at it timetable speed of nla MPH. 1.06 Contractor General Safety Requirements 1.06.01 Work in the proximity of railway track(s) is potentiaUy hazardous where movement of trains and equipment can occur at any time and in any direction. AU 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 aU 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 briefmg must include the Railway's nagger, 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 Oagger is, and how to contact the nagger, (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 nag/work limits that were not previously job briefed, must notify the nagger immediately, and be given a job briefmg when working within 25 feet of the center line of track. o 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railroad's representative in charge of the project must be notified. A minimum of two employees must be present at aU times. 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of diugs 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 prolnl>ited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. 1.06.08 AU 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 bats c) safety shoe with: hardened toes, above-the-ankle 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 reIating to hi-visability work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE - Sbould there be a discrenaDcv between the information contained OD the web site and the information in this naral!:ranh. 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 ,2- approaching the crossing. Prior to beginning work, the Contractor must establish a storage area with conciurence of the Railroad's representative. o 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 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, Ii 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 nnderground 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 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. 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 substmce, 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 "PPIUpIiate measure to minimi...e the impact of such release. 1.09 Personal Injury Reporting o 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 Contractors 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 13 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. It.{ o o o NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED 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 RESPONSIBILITY OR LIABILITY. .1. Accident City/St County: . (if non-Railway location) Time: 4. Weather 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 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)3S2-7S9S AND COPY TO RAILWAY ROADMASTER FAX IS o o o LAW DEPARTMENT APPROVED EXHIBIT "C-I" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR BNSF RAILWAY COMPANY A~ntion:~nagerPublicPr~ecu Railway File: Agency Project: Wayside Horn System, Crosstown Boulevard, Andover, MN Gentlemen: The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract")dated . ,200_ with the City of Andover for the performance of certain work in connection with the following project; Wayside Horn Svstem at the Crosstown Boulevard at-e:rade crossing. Performance of such work will necessarily require contractor to enter BNSF RAn. 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 Iimits 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, e.ffective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABllJTY 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 LIABllJTY 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 agenu for any wmk 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 my 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, /10 o o 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: A. Commercial General Liability insurance. This insurance must contain broad form contractuaJliability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate 1imit 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 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 ofrailroad 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 1imited 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 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. o D. Railroad Protective Liability insurance naming only the RaHroad 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 351093 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 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. Contractor fwther 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 wode: 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 would 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 deductJ.ble, self-insured retention or 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 RailrotUI, a certified duplicate original of any required policy must be furnished. Contractor should send the certificate( s) to 1he following address: 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 provide. .0 ;i'c 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 referenced above. (5 o o o Not more frequently than once every five years, JlJzilroad 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 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. 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 Exlnbit "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 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 WOIX 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, 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 actua1ly 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 relevant to 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 mnst give Railway's representative (218.384.434O, Roadmaster) two (2) weeks advanee notice of the times and dates for proposed work windows. Railway and Contractor will estabBsh mutually agreeable work windows for the project. Railway has the right at auy time to revise or chauge the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a chauge in work windows. Additional costs or expenses resulting from a change in work windows shan be accounted for in Contractor's expenses for the project. 1<1 o o o Contra(:tor and subcontractors must plan, schedule, coordinate and conduct aU Contractor's work so as to not cause any delays to any trains. 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:_ z,o &J 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 CC: Jim Dickinson, City Administrat Will Neumeister, Community Deve 0 FROM: Andy Cross, Associate Planner ~ SUBJECT: Approve Final Plat/Timber Trails 2nd Addition/I 7700 Tulip Street NW -- Planning DATE: September 4, 2007 INTRODUCTION The City Council is ask~d to approve the [mal plat of "Timber Trails 2nd Addition". This is the six-unit rural subdivision on the former abatement property at 17700 Tulip Street. o DISCUSSION Conformance with Local Plans The property is zoned Single Family Rural Residential (R-l). All lots are at least 2.5 acres in size and proposed with private wells and septic systems. No rezoning will be necessary. Park Trail There was discussion at the preliminary plat review about the location of the trail on the west end of the development. Based on input from the neighbors it was placed between lots 1 & 2 on Block 1. Tree Screening The developer will be required to place a number of pine trees on a nearby property to screen car headlights from the new 177th Avenue traffic. ACTION REQUESTED The Council is asked to adopt the attached resolution approving the [mal plat. Respectfully submitted, ~~ ^,d;Z~ Attachments Resolution Location Map Final Plat o Cc: Pete Jesh, 1928 140th Lane NE, Ham Lake, MN 55304 o c o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE FINAL PLAT OF "TIMBER TRAILS 2ND ADDITION" ON PROPERTY LOCATED IN SECTION 5, TOWNSHIP 32, RANGE 24 LEGALLY DESCRIBED AS: That part of the following described tract lying in the southwest quarter of the northwest quarter of Section 5, Township 32, Range 24, described as follows: That part of the East 1584 feet of said South Half of the Northwest Quarter lying South of a line drawn parallel to the North line of said South Half of the Northwest Quarter of Section 5, and distant 770 feet South from said North line, except road. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Timber Trails 2nd Addition'" and , WHEREAS, the property owners have presented a final plat of Timber Trails 2nd Addition; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the final plat of Timber Trails 2nd Addition contingent on the following: 1. The plat shall conform to the final plat stamped received by the City of Andover on August 27, 2007 and shall be subject to all of the conditions of the Preliminary Plat Resolution 099-07. 2. Approval of the plat is contingent upon staff review and approval for compliance with City ordinances, policies, and guidelines. 3. Plat approval is contingent upon a development agreement acceptable to the City Attorney. A fmancial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. 4. Prior to recording the fmal plat for Timber Trails 2nd Addition, the developer shall be required to install eight (8) spruce trees on the lot located at 17697 Tulip Street NW to help screen headlights from 1 77th Avenue, or submit a $2,500 escrow with the City for the installation. Adopted by the City Council of the City of Andover this 4th Day of September, 2007. CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk Michael R. 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E ~~~~ i ~8~! ~ .~ " .e , f 1 ~o iH ~;s ~ i~ ~ H -'i ! 3 ,d ~~ '0 ., zz o o 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 Administrat FROM: David D. Berkowitz, Director of Pub . orks/City Engineer SUBJECT: Adopt Assessment RollIResolution for Putnam, Allen & Almeida Properties, Continued - Engineering DATE: September 4, 2007 INTRODUCTION The City Council is requested to adopt the deferred assessment roll and resolution for the Putnam, Allen and Almeida properties associated with the Woodland Crossings (05-32), Shaw's Glen (05-24) and Cardinal Ridge (05-20) street and utility improvements. DISCUSSION At the August 21,2008 City Council meeting the Council requested additional changes be made to the deferred assessment resolution for the Allen, Putnam and Almeida properties. The revised resolution is attached and has been reviewed and approved by the City Attorney ACTION REOUIRED The City Council requested to approve the resolution adopting the assessment roll for the Putnam, Allen and Almeida properties associated with the Woodland Crossings (05-32), Shaw's Glen (05-24) and Cardinal Ridge (05-20) street and utility improvements. Respectfully submitted, ~ David D. Berkowitz Attachments: Resolution deferring assessments ./ cc: Scott Allen, 15873 Linnet St. NW, Andover Jerry Putnam, 1869 - 15ih Lane NW, Andover Robert & Shelly Almeida, 1950 -15ih Lane NW, Andover o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION DEFERRING ASSESSMENTS FOR VARIOUS PROPERTIES ADJACENT TO SHAW'S GLEN, WOODLAND CROSSINGS AND CARDINAL RIDGE. The assessments for the properties described as PIN 15-32-24-43-0019, PIN 15-32-24- 43-0018 and PIN 15-32-24-43-0075 are to be deferred until one ofthe following occurs: 1. Division of the parcel by metes and bounds description or platting, upon sale oflots by such division, all special assessments shall be paid in full; 2. Sale ofthe parcel in existence at the time of this resolution; 3. Death of the last person who had an ownership interest in the property at the time of the resolution approving the deferral; or 4. September 4,2017. o All assessments that lose their deferral under 2, 3 & 4 above shall be payable in equal installments of principal and interest over an 8 year period. The final construction assessment amount will be adjusted by the ENR Construction Cost Index from June 2007 until the time of termination of such deferral. In no event shall such assessment exceed 5.5% annually. City Fees, including the Fox Hollow Lift Station fee, will be adjusted from June 2007 to the current city fees at the time of actual development. Adopted by the City Council ofthe City of Andover this Lday of September ,2007. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk o o @ 1685 CROSSTOWN BOULEVARD NeW, . ANDOVER, MINNESOTA 55304 . (763) 755e51 00 FAX (763) 755e8923 . WWW,CI.ANDOVER.MN.US CC: TO: FROM: Chris Vrchota, Associate Planner It SUBJECT: Consider City Code AmendmentlEstablishing Interim Performance Standards/Hughs-Westview Industrial Park Area - Planning DATE: September 4, 2007 o INTRODUCTION The City Council has indicated that they want to proceed with a code amendment to create interim performance standards for the Hughs/Westview industrial park area. Based on input from the Council and the Planning Commission, staff has drafted a code amendment creating guidelines for the use of interim performance standards in the area. DISCUSSION The goal of the interim performance standards is to create some flexibility in how the City's zoning standards are applied in this area. This would allow the City to require essential improvements to the properties while also allowing the businesses to expand or be otherwise improved in a financially feasible way. The interim performance standards will only apply to the rural industrial park and only for a limited period of time. The interim performance standards will remain in place until city sewer and water services are available to the industrial park &rea. After these services are made available through the Rural Reserve, all properties in the Hughs/Westview industrial park area will need to follow the normal performance standards that are in place at the time any further expansion, site improvements, or change of use is made. A Conditional Use Permit application will need to be submitted to allow for the interim performance standards to be used. This will allow staff, the Planning Commission, and the City Council to review the sites in detail and make decisions on a case-by-case basis, o The City cannot waive, modify, or vary from the Building Code, Fire Code, or National Pollutant Discharge Elimination System (NPDES). Significant structural changes or expansion to the buildings or changes of use inside the buildings could trigger Fire and Building Code requirements, possibly including the installation of fire suppression systems. Expansion of impervious surface area (additional building space, paved areas, etc...) would trigger storm water ponding/treatment requirements under the NPDES, While meeting these requirements could require a significant investment, they are not negotiable, Laws and statutes adopted at levels higher than the City mandate that they be met. o o o Planning Commission Recommendation The Planning Commission generally disliked the idea of creating interim performance standards when they reviewed the concept at their August 18th workshop. While they had some concerns about the open-ended timeline for the performance standards, they unanimously recommended approval of the proposed code amendment at their August h . 28t meeting. Staff Recommendation Staff has reviewed the proposed changes with the City Attorney, and, with his recommended changes, are comfortable with the proposed language. Attachments Ordinance Summary Ordinance Council Minutes- 07.24.07 Planning Commission Minutes- 08,14.07 Planning Commission Minutes- 08.28.07 Map ACTION REQUESTED The City Council is asked to approve the proposed code amendment and summary ordinance. :!f1(~rt<d' Chris Vrchota -2-- o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE CREATING INTERIM PERFORMANCE STANDARDS FOR THE HUGHS/WESTVIEW INDUSTRIAL PARK AREA WHEREAS, interim performance standards for the Hughs/Westview industrial park area have been created, and; WHEREAS, the proposed changes have been reviewed and recommended for approval by the Planning Commission. NOW THEREFORE BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS THE FOLL WING CHANGE TO THE CITY CODE (Underlining being newly added language and strike-outs indicating language to be removed): 12-13-23: INTERIM PERFORMANCE STANDARDS: o A. Purpose: Interim performance standards are intended to establish an alternative level of site improvements for properties located in the rural industrial area generallv referred to as the Hughs/Westview industrial park area. The City acknowledges that the lack of municipal utilities limits the development potential of these properties. These performance standards are intended to allow continued use. expansion and redevelopment with a level of site improvements that is commensurate with the development potential ofthe properties. B. Applicability and Scope: This section shall apply to any expansion of use requiring a conditional use permit or commercial site plan on all properties generally described as the Huclls/Westview industrial park area and legally described as the southwest Quarter of the northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota and the west half of the west half of the southeast Quarter of the northwest Quarter of section 16. Township 32, Range 24, Anoka County. Minnesota. C. Procedure: Applications shall be processed under the Conditional Use Permit procedures described in City Code 12-14-6 except as follows: 1. Apt'lication: The property owner or designee shall submit a complete application to the Community Development Department. A complete application consists of the following: o a, A completed Conditional Use Permit form and fee as described in City Code 1-7-3. -3- o b, A site plan that describes all of the existing and proposed site improvements. including the dimensions of the property. buildings, parking. landscaping and storage areas and distances from property lines, c. A letter describing the existing use of the property. the proposed use of the propertv and all of the proposed site improvements. d. Other information deemed necessary bv staff to review the request. 2. Council Determination: The City Council shall aPtJrove or deny the application based on the criteria established in this section. The City Council may attach such conditions as they determine necessary to provide the appropriate level of site and building improvements to accomplish the purpose ofthis section. The level of required improvements shall be determined on a case-by-case basis. D, Review Criteria: Applications shall be reviewed based on the following elements: 1. Existing appearance of the building and site; 2. Compatibility of the proposed site development plan with the other industrial properties in the area; o 3. Effect of the proposed use and the proposed site development plan on the adiacent residential neighborhood. including traffic, noise; glare. buffers. and environmental impacts; 4, Parking and Impervious Surface Areas: a. Screening, landscaping, visual appeal. and lighting of parking lot areas. b, Paving of parking areas for customers. c. Dust control measures for unpaved parking and storage areas. 5, The amount. type. location, and screening of exterior storage requested as a part of any Conditional Use Permit. 6. Screening of mechanical equipment and trash bins/dumpsters. 7. Other factors related to the new development proposal. as the City Council may deem relevant. E. Term of Approval: Interim performance standards aPtJroved under this section shall endure until City sewer and water are extended into the area affected by this section. At that time, any future expansion or redevelopment of the affected properties shall be required to fully conform to the regular performance standards of City Code 12-13. o F. Other Requirements: Proposed improvements or changes in use will be reviewed by the Building Official and Fire Chief. They will make a determination of -t./- o whether or not the building(s) on the site need to be brought into compliance with applicable building and fire codes. Site improvements must also be made to meet the requirements ofthe National Pollutant Discharge Elimination Svstem (NPDES). No portion of this section shall be used to varv from these requirements. Adopted by the City Council of the City of Andover this _ day of 2007. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk o o -.)'- o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE CREATING INTERlM PERFORMANCE STANDARDS FOR THE HUGHS/WESTVIEW INDUSTRlAL PARK AREA STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy Interim performance standards are intended to establish an alternative level of site improvements for properties located in the rural industrial area generally referred to as the Hughs/Westview industrial park area. The City acknowledges that the lack of municipal utilities limits the development potential of these properties. These performance standards are intended to allow continued use, expansion and redevelopment with a level of site improvements that is commensurate with the development potential ofthe properties, GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover, Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor ofthe governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this _ day of 2007. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk Michael R. Gamache, Mayor ~ t- o Special Andover City Council Workshop Meeting Minutes - July 24, 2007 Page 6 Council decided unless a problem at 31 feet shows up, they would leave things as they are and address any issues on a case-by-case situation. Mayor Gamache suggested they notify the public about the parking safety concerns with streets less than 31 feet wide. ... TIF DISTRICT 1-4 INDUSTRIAL OPPORTUNITIES DISCUSSION o Community Development Director Neumeister stated about a month ago, City Code Enforcement staff requested Rick Lindquist provide information relating to the current status of the site where Northern Cylinder Heads and LePage RolloffService are operating. The staff determined they need . a Conditional Use Permit (CUP) to operate the rolloff service on the property. Mr. Lindquist and LePage have provided the information needed to process a CUP. Their CUP application is considered complete and the 60-day review period (can be extended an additional 60 days if needed) is underway. Before staff begins processing the CUP, Council is requested to provide direction. Last month staff brought up two options for the Council to consider in dealing with the various property owners at Hughs Industrial Park. Option 1 is to create a new zoning district, sayan 1-2 zone to establish a different set of standards for the rural industrial park. Option 2 is to establish an interim use permit until sewer and water became available. The second option seems to be the best to pursue, because it is allowed by State Statute and will be easier to implement, and be more flexible. The current City Code requires the entire site be brought up to the City's zoning standards including: parking lot pavement, curb and gutter, landscaping, lighting, etc. The issue that staff needs direction on is how stringent the Council wants to be implementing the standard zoning requirements. The City cannot waive or modify Building/Fire Code and NPDES requirements. The City may have discretion over how much of the city zoning standards apply to these businesses if the City were to create an "Interim Use Permit" in the city code. The City Attorney advised staff that Minnesota Statue Statute 462.3597 allows the City to adopt "interim uses" into the City Code and set up the parameters under which an "interim use" may be granted. He asked ifthe Council wants to work with Rick Lindquist and LePage Rolloff Service to become a legitimate outdoor storage use on the property with a Conditional Use Permit (but have only limited zoning standards apply)? Does the Council want staff to prepare a Zoning Code Amendment to enable "Interim use Permits" to be granted in areas like the Hughs Industrial Park with interim zoning standards that require very basic interim improvements (limited cosmetic or screening improvements) but not all city standards? What level of zoning code requirements will be required ofMr, Lindquist? Councilmember Jacobson did not think they could change anything without changing the zoning. Community Development Director Neumeister responded that is correct. o Councilmember Orttel stated he would like to see everything go through the Conditional Use Permit process. Councilmember Trude wants to see screening from residential and anything with retail customers. .-7- o Special Andover City Council Workshop Meeting Minutes - July 24, 2007 Page 7 Councilmember Jacobson stated he wants the screening to be kept up and maintained. City Engineer Berkowitz stated if they don't increase the impervious surface and it is functioning and operating as it is now, they should let it go, but if they do increase the impervious surface then they have to follow the rules that were set. Community Development Director Neumeister stated staff would prepare an interim use type ordinance with the City Attorney to allow this to happen and bring this through the Planning Commission. Councilmember Trude asked if there is a way to do a communal fire suppression system. Community Development Director Neumeister responded they had spoken to them about this. Fire Chief Winkel believes a fire system would be a lot more difficult to deal with than the water system. They need to look at the entire area and determine what type of fire system they need to protect all of the buildings. 2008-2012 CIP REPORT City Administrator Dickinson updated the Council on the 2008-2012 CIP. He reviewed the major 1 . At this point they would need to move out a significant amount based on the budget forecast. He 1 . ated what those items would be. They did not have a recommendation at this time. City Administrator Dl . son updated the Council on the 2008 budget progress. He did not believe they would reach the co . ent to maintain or reduce the City Tax Capacity Rate, utilizing recent market value growth this year. recommended they do not levy for the entire $200,000 amount for the open space referendum the firs ar. They would do what they could to maintain the 35 percent of planned 2008 General Fund expendl s for fund balance. He indicated 4,5,6 and 7 in his report would all be met. After Department He ~equests, the requested budget was $718,403 over available funding sources. Councilmember Jacobson requested statistics on the contract. uested increase in the City Attorney's City Administrator Dickinson asked if Council wants to accept the 2 heriff s contract. He noted if additional services are requested, it is likely that other City departmen k "ice levels will need to be reduced or eliminated. He noted personally he is supportive of it, but l" o provide for the cost. Councilmember Jacobson requested staff determine what it would cost implementation. -3- o Regular Andover Planning and Zoning Commission Meeting Minutes - August 14, 2007 Page 6 Mr. Cross Commissioner Falk asked if the driveway will be paved. The applicant indo would be, Commissioner Falk asked if it would have curb and gutter. stated it would. Motion by Walton, seconded by Kirchoff, to close the pu Motion carried on a 7-ayes, a-nays, O-absent vote. Commissioner Walton wondered if the par indicated it would. Commissioner Falk asked if th . gation would be in ground or would it be above ground sprinklers, stated it would be in ground irrigation. Chairperson Dani r stated if this was denied, this would go back to the original plan, Mr. Cross in. ted that was correct. Mot" y Walton, seconded by Holthus, to recommend approval of the Conditional Use it amendment as presented. Motion carried on a 7-ayes, a-nays, O-absent vote, Mr. Cross stated that this item would be before the Council at the August 21,2007 City Council meeting. -+ WORK SESSION A. Consider Interim Performance Standards for Hughs/Westview Industrial Parks Mr, Vrchota stated a couple of months ago City Code Enforcement staff received a complaint about a roll-off dumpster business being operating from a property in the Hughs Industrial Park. After an inspection was done and the owner of the property was contacted, it was determined that the roll-off business had been operating from the property for nearly 2 years. Staff determined that a Conditional Use Permit (CUP) was needed to operate the roll-off service on the property. The City Code requires that when a commercial site is expanded or the use is changed so that a CUP is required, the entire site be brought up to the City's zoning standards, including: parking lot pavement, curb and gutter, landscaping, lighting, etc. Based on the types of businesses located in the area, the age of the properties, and current land values, the property owners have indicated that it would not be financially feasible to make all of the required site improvements. o In response to this issue, staff brought up two options for the Council to consider, as this may also affect other property owners at HughsIWestview Industrial Park. Option 1 was to create a new zoning district, for instance an "1-2" zone, to establish a different set of standards for the rural industrial park. Option 2 was to establish a set of interim -1'- o Regular Andover Planning and Zoning Commission Meeting Minutes - August 14, 2007 Page 7 performance standards that would be in place until city sewer and water become available. After receiving input from the City Attorney, the Council decided that the second option was preferable. If the City were to create a set of interim performance standards in the City Code for use in the rural industrial park, it would create some flexibility over how strictly the City's zoning standards are applied to these businesses, This would allow the City to require essential improvements to the properties while also allowing the businesses to expand or be otherwise improved in a financially feasible way. Mr. Vrchota reviewed the types of requirements that the City could offer flexibility on and the return for the reduced zoning standards. Mr. Vrchota stated the interim performance standards would be crafted so that they only apply to the rural industrial park for the limited period oftime. The intent is that the interim performance standards would remain in place until city sewer and water services are available to the industrial park. After these services are made available through the Rural Reserve, all properties in the Hughs/Westview Industrial Park would need to be brought into compliance with the performance standards that are in place at that time if any further expansion, site improvements, or change of use is made. o Mr, Vrchota explained that the City cannot waive, modify, or vary from the Building Code, Fire Code, or National Pollutant Discharge Elimination System (NPDES). Any structural changes or expansion to the buildings or changes of use inside the buildings would trigger Fire and Building Code requirements, possibly including the installation of fire suppression systems, Expansion of impervious surface area would trigger storm water ponding/treatment requirements under the NPDES. While meeting this requirement could require a significant investment, they are not negotiable. Laws and statutes adopted at levels higher than the City mandate that they be met. o Commissioner Holthus thought the interim performance standards that she read about in the rural area made sense because they do not have City sewer and water and considering. the costs associated with putting in the curb and gutter and irrigation, she thought it made sense. As far as how flexible they should be, she thought they should always look at when they decide how much leniency they are going to give based on those previous standards. She thought they should first consider safety. Will their decision affect or create unsafe working or traffic conditions? They should consider the effect on the general public, the neighborhoods around that area. She thought they should consider if the general public is going to that location as customers and she thought they should also consider if it is reasonable and appropriate. She stated they should discuss what level of improvement they should expect so when a business expands or changes a user that requires a CUP, they might have staff review some of the items and determine whether or not they are appropriate and reasonable. -Io~ o Regular Andover Planning and Zoning Commission Meeting Minutes -August 14, 2007 Page 8 Commissioner Cleveland asked when in the foreseeable future they can see City water and sewer go that far north. Mr. Vrchota stated at this point it is difficult to pin a date on that. He stated it all depended on when the Rural Reserve area develops. Commissioner Cleveland stated he did not want to have an open ended interim time because that would give the businesses an excuse not to improve their site. Commissioner Kirchoff stated he liked what Commissioner Holthus said. He stated they are trying to work their way to improving the area but easing up on some things and getting towards what Commissioner Holthus stated. He liked the idea of having staff review plans. Commissioner Holthus thought they should be able to be flexible in this area because it is a rural type of area and it may not be reasonable to require all the lighting that a typical commercial area would be required to do. The applicant could go to staff to apply for a variance because they felt it was not reasonable or appropriate in the area. She did not know how much they want staff to accomplish or how much flexibility they would have. Chairperson Daninger agreed with wondering how much flexibility to give staff. He would rather have this set up as some sort of review standard. o Commissioner Falk thought there should be some sort of check and balance sheet for commercial areas. Mr, Bednarz stated what they have heard from the business owners out there is that they are concerned with approaching the City with a CUP application because they do not lmow what kind of requirements are going to come into play. He stated if they can put some type of standard in place and be consistent with at least what they can look at or consider would be helpful for them. He did not think a true case by case basis would help. Chairperson Daninger asked if their goal was to state there should be something and there should be a set standard or is staff looking for the Commission to tell them what the standard is. Mr. Bednarz thought they were looking for a yes or no answer whether this is worth pursuing and if the answer is yes, he suggested instead of taking a numerical or ratio approach, to take a look out there to see what is there now and think about if someone wanted to expand an operation out there what they should do to make it right. o Commissioner Walton stated in the commentary it states "the property owners have indicated it would not be financial feasible to make all the required site improvements" and he believed they discussed thoroughly before with the used car dealership they were trying to establish. They imposed standards on him that they have in place today and he did not like it and came back twice but he did go by the standards they established and put in a nice looking business out there. He stated this was also his comment that it would not be financially feasible out there, He found a way to do it and got it done. If the City made the used car business come up to their standards why should they develop -1/- o Regular Andover Planning and Zoning Commission Meeting Minutes - August 14, 2007 Page 9 interim standards just because they have one or two people making the same statements he made at the very beginning? If anything, he was the one they should have given variances and made exceptions for. He thought it would be wrong to change the standards now for a couple of other businesses. Commissioner Kirchoff explained he liked what was said but maybe it was a matter of looking at use changes instead of what is being done on the property. Mr. Bednarz stated the Council did allow a number of variances for the used car business site, He stated a very substantial investment was made by the owner but not to the full measure ofthe performance standards. Chairperson Daninger asked how their performance standards compared to other cities. He stated he was not in favor of changing the standards. Commissioner Walton wondered how the roll offbusiness came to be established in Andover. Mr. Vrchota stated they are renting some back lot area from the property owner who runs another business in the main building on the site and they are using part ofthe back storage area. o Commissioner Walton asked if the business would have to leave Andover if the City did not grant them some variances for their operation to run. Mr. Vrchota indicated that was correct or they could apply for the conditional use permit and meet all of their performance standards. He stated they would still need the CUP for the exterior storage. What they are looking at is what improvements would need to be made to the site as part of that approval. Chairperson Daninger asked the Commission how they felt about this issue. Commissioner Holthus thought it was a good idea to have the interim performance standards. Commissioner Casey indicated he was leaning towards keeping it the same as a precedence establishment. Chairperson Daninger indicated he also wanted to keep this the same. Commissioner Kirchoff stated they need to keep it the same but they are open to some of the variances that will go on with each individual property as they come along. Commissioner Falk stated he would like to leave it the same and likes the standards that the city has set. Commissioner Cleveland stated he was tom. He did not like the idea of having a two tiered system. It doesn't seem that this is an unreasonable request but he also did not think their standards are too high. Commissioner Walton stated he wanted to leave it the same, Consensus of most ofthe Commission was to leave this policy as is based on recent history , o Commissioner Walton stated they have a variance process and there were some things granted towards the end of the process to help the used car dealership come along and -' ) z,--- o Regular Andover Planning and Zoning Commission Meeting Minutes - August 14, 2007 Page 10 help get it completed but there was also a significant investment out there that was made to get the business going, Chairperson Daninger stated in reference to the used car dealership he had a lot of neighbors ask him what was going to be done to make it look nicer because they drive by it everyday and there is an expectation in Andover that they want their neighborhood to look good. Commissioner Holthus did not think the interim standards are to allow things to not look good. Chairperson Daninger stated that was correct but how long could they not improve their property. Commissioner Holthus did not think it was something that would create a lower standard or something that is not attractive. She thought it was something to ease the current standards and make it more reasonable for those businesses, Chairperson Daninger agreed and indicated he was still willing to work on it because they make it so difficult to not meet the standards that nothing gets done. Something that Commissioner Holthus is suggesting is not something he disagrees with and there is some merit there and if Council guides them to review that further they will. o Commissioner Walton stated a suggestion was made when they reviewed the used car dealership about the applicant not know if the business will do good and that he did not want to spend a lot of money to improve the site if it was not going to survive. The applicant asked the City to allow him to try to get off the ground with the business and get it going before the improvements were imposed and the City would not allow it. They could have had that applicant do part of the improvements but that did not happen. He thought they will be looking at this again in the near future. B. Receive Copy of Land Use and Sewer Chapter of Comprehensive Plan for future discussion. Mr. Bednarz stated preparation of the decennial comprehensive plan update has reached a point where substantive review can be made by the Planning Commission and City Council. Mr, Bednarz reviewed the intent of the future discussion with the Commission. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. o Mr. Bednarz mentioned that on September 11, the St. Francis District is going to have a bond referendum, which means the Commission cannot start their meeting until 8:01 or they could move the date. The Commission decided to start the meeting at 8:01 p.m. on September 11,2007. ~/3- ....0. ~CIl 02 "0_ c.<: <(0) ......- oen >-,~ -> 00 CD ., .2! 0:: o (/) (/)(/) _W C9(/) ffi~ >>- 0>- CJZ z=> <(0 ,,0 ~~ 50 OZ (/)<( I ; ; ! i // i / ~./~ '" '" ~ >- g UJ , ~ ; l~ =< i " -" I 0 J ~ ~ ~ 0 ,sa, " i ;; SlllZ "- o o '" '" ~ ~ gf -5~~ .!: (") OJ .,... f:::! ::I .. co <( (ll .. .. ~ ~ ~ (/) CJ CJ c.c.'" '" '" - ::2::!: ~ ~ J'S; .0 :~ b z w C> cc :3 w~~ti ...J ::<( a: 0: a. 3 ifrt :;1i IIlEJD ,w: . " >ZI< tll< i ....-....-.--..-1 ! I SZI< ~ -- ~~~ ..~ OA 18 " ..... .................1 '\ ~.." ..... .... ,,)j\!l ONnot! ."'" " ~ .. ,~~ ..." --1 ''''\ ---- f~ . " ,,~u' / \-0" \, , - / ~ ium ..... ,1i" \ a ,~'1\' \ I ,Ie ---nul ~ i %>~~ \ /// \ '\ <rr-~,n:5H\jN\"n) .~ I .. \ /" ' _, m _ r--- ' r// #' '\ JE i\ I ,.",;z! /1 I L r' /,t. r: \ I ~' _ I il I , I i.'--"~':>/"\) , .. ,~-- J I -\. - -"1--' ..'" ~ '" " . ~ "' & . o o N o '0 ~ ~ U o o o C1I) 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: Adopt 2008 Preliminary Tax Levy DATE: September 4, 2007 INTRODUCTION Each year the City Council is required by state law to approve a preliminary budget and submit a preliminary levy certification to Anoka County Property Records and Taxation Division by September 15th. DISCUSSION The 2008 Preliminary Levy certification is the outcome of the numerous budget workshops held with the Council over the summer. The Preliminary 2008 Budget proposes a total property tax levy of $10,188,718: $6,561,135 (64.39%) operational levy, $2,202,297 (21.62%) debt service levy, and $1,425,286 (13.99%) capital levy. The Council has the right to reduce or keep constant this levy until the final certification date of December 28, 2007. The proposed levy will result in a 2.8% increase in the tax capacity rate. Please note that the proposed levy includes the first year of the Open Space Referendum levy, without the Open Space Levy the increase in the tax capacity rate would be minimal or constant. BUDGET IMPACT Ibis is the first step in establishing an operating budget for 2008. ACTION REOUlRED The Andover City Council is requested to approve the attached resolution that indicates a total preliminary levy of $10,188,718 to be submitted to the Anoka County Property Records and Taxation Division by September 15th. ~ Resolution Adopting the Proposed 2008 Property Tax Levy Attachment A - Proposed 2008 Property Tax Levy o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ADOPTING THE CITY OF ANDOVER 2008 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound fmancial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy and budget prior to September 15,2007. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2008 property tax levy totaling $10,188,718 as listed on Attachment A. Adopted by the City of Andover this 4th day of September 2007. CITY OF ANDOVER o ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o City of Andover, Minnesota 2008 Property Tax Levy o General Fund Levy Debt Service Funds Levy 2004A G,Q, Capital Improvement Bonds 2004 EDA Public Facility Revenue Bonds 2005B Capital Improvement Bonds 2006B G,Q, Equipment Certificate 2007 G,Q, Equipment Certificate 2008 G,Q, Equipment Certificate 2008 G,Q, Qpen Space Bonds Total Debt Service o Other Levies Capital Projects Levy Capital EquipmenUProject ParKs Projects Road & Bridge Pedestrian Trail Maintenance Lower Rum River Watershed Gross City Levy o Requested 2008 $ 6,526,135 374,934 934,203 122,622 171,832 235,806 200,000 162,900 2,202,297 210,000 57,680 1,107,341 50,265 35,000 10,188,718 Attachment A Q STATE OF MINNESOTA) COUNTYOFANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certifY that I have carefully compared the attached Resolution No. adopting the 2008 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 4th day of September 2007. o Victoria V olk - City Clerk o o o c ~NDbVER4' @ 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/Finance Director SUBJECT: 2008 Debt Service Levy Changes DATE: September 4, 2007 INTRODUCTION Anoka County Property Records and Taxation Division requires a City Council resolution changing bonded indebtedness levies for 2008 that would have been certified to Anoka County as part of prior years bond sales. DISCUSSION When the City issues bonds, a certification of the bonded indebtedness levy is sent to Anoka County. The County is charged with assuring on an annual basis that local government bonded indebtedness payments are made. To assist in monitoring, the County is requesting a resolution that would update all or a portion of previously certified bonded indebtedness levies. Attached is a resolution to update bonded indebtedness levies along with a brief description as to why there was a change. BUDGET IMPACT The 2008 City of Andover Debt Service Budget is current and up-to-date. This resolution is to inform the County of any changes that have 1:i1ken place in the past year as. well as any . new issuances proposed to be levied for 2008. ACTION REOUlRED The Andover City Council is requested to approve the attached resolution that would update certified bonded indebtedness levies for 2008. Resolution Updating Certified Bonded Indebtedness for 2008 Attachment A - 2008 Proposed Levy Certification Debt Changes o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2008. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2008; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2008 as listed on Attachment A. Adopted by the City of Andover this 4th day of September 2007. CITY OF ANDOVER o ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o Attachment A o CITY OF ANDOVER 2008 Proposed Levy Certification Debt Changes County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Chan!:es Variance Explanation 56 2004A GO Capital Improvement Bonds 374,934 374,934 Ok 58 2005A GO Improvement Bonds 575,600 575,600 Paid for by assessments 60 2005B GO Capital Improvement Bonds 124,500 122,622 1,878 City has interest earnings in Debt Service Fund 61 2006A GO PIR Bonds 137,656 137,656 Paid for by assessments 62 2006B GO Equipment Certificate 174,782 171,832 2,950 City has interest earnings in Debt Service Fund 63 2007 GO Equipment Certificate 218,610 235,806 (17,196) City levying for two interest payments 2004 EDA Public Facility Lease Rev 934,203 (934,203) Lease revenue payment per pledge agreement 2008 GO Equipment Certificate 200,000 (200,000) New 2008 issuance 2008 GO Open Space Bonds 162,900 (162,900) New 2008 issuance Total $ 1,606,081 $ 2,202,297 $ (596,216) o o OSTATE OF MINNESOTA) COUNTYOFANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certifY that I have carefully compared the attached Resolution No. adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2008 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 4th day of September 2007. Victoria V olk - City Clerk o o @ 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: Set Truth in Taxation Hearing Date DATE: September 4, 2007 INTRODUCTION This year the Andover City Council is required to hold Truth in Taxation meetings. These meetings give the public the opportunity to comment on the proposed 2008 budget and tax levy. DISCUSSION: o The first hearing date selected by the City will be for the initial hearing to present the proposed levy and budget to the public. If the initial hearing is not sufficient for all public comment and further discussion is required, a continuation hearing will be necessary. The date and time of continuation hearing must be announced before the close of the initial hearing and the continuation hearing must occur at least 5 but no more than 14 business days after the initial hearing. If a continuation hearing is not necessary, the City must announce the date and time of a subsequent hearing for the official adoption of the final levy and budget. The announcement must be made prior to the end of the initial hearing. The Andover City Council is requested to set an initial Truth in Taxation Public Hearing date from the suggested dates as follows: Initial heann!! date: . Monday December 3,2006 at 7:00 PM . Tuesday December 4, 2007 at 7:00 PM (Done as part of a regularly scheduled meeting) . Monday December 10,2007 at 7:00 PM . Tuesday December 11, 2007 at 7:00 PM Continuation heann!! date: . Tuesday, December 18, 2007 a regular City Council meeting. Official adoDtion date: . Tuesday, December 18, 2007 a regular City Council meeting. ACTION REQUESTED The Andover City Council is requested to select a Truth-in- Taxation hearing date, o o o 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: September 4, 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 hnprovement Projects 4. Meeting Reminders 5. Miscellaneous Activities Upon receipt. of the meeting packet, if a member of the Council would like an update on a particular item, please notify 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 and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director FROM: Courtney Bednarz, City Planner SUBJECT: Planning Commission Minutes DATE: September 4, 2007 INTRODUCTION The minutes from the August 28th Planning Commission meeting are attached. DISCUSSION These minutes address Item 10. on tonight's agenda as well as other business discussed by the Commission. ACTION REQUESTED Please add the attached minutes to the packet. Attachments Planning Commission Minutes Resp'ectfully submitted, c4ta~ ANDOVER PLANNING AND ZONING COMMISSION MEETING AUGUST 28,2007 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on August 28, 2007, 7:00 p.m" at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Devon Walton (arrived at 7:05 p.m.), Douglas Falk and Dennis Cleveland. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others APPROVAL OF MINUTES. August 14,2007 Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion carried on a 7-ayes, O-nays, O-absent vote. PUBLIC HEARING: CITY CODE AMENDMENT ESTABLISHING INTERIM PERFORMANCE STANDARDS FOR HUGHSIWESTVIEW INDUSTRIAL PARKS. Mr. Vrchota stated the Planning Commission reviewed a proposal for the creation of interim performance standards for the Hughs/Westview industrial park area at the August 14th meeting. The Planning Commission was not in favor of creating interim standards, but indicated a willingness to review and provide input on a potential code amendment if the City Council wanted them to do so. The City Council has indicated that they want to proceed with a code amendment to create interim performance standards for the Hughs/Westview industrial park area. Commissioner Walton arrived at 7:05 p.m. Regular Andover Planning and Zoning Commission Meeting Minutes - August 28, 2007 Page 2 Commissioner Kirchoff stated they discussed the possibility of having water installed in the area and he wondered if that was currently in the MUSA. Mr. Vrchota stated the proposal was that these standards would remain in place until City sewer and water are available. The MUSA would need to be expanded to include this area along with the Rural Reserve. Commissioner Kirchoff wondered if the City would force City sewer and water into this area or would the property owners have to want to be part of the MUSA area in order for it to be expanded. Mr. Vrchota stated they would have to petition to have the services installed. Chairperson Daninger stated his understanding was instead of an applicant asking for multiple variances in this area could they come forward indicating their concerns and what they would like to do. He kind of compares this to a PUD and would this be similar. Mr. Vrchota stated that is correct. Chairperson Daninger wondered ifthere was any thought to putting a renewal date on this or a time frame on the CUP. Mr. Vrchota did believe that had been discussed. Commissioner Kirchoff he is comfortable with what is stated but if a different standard is listed than what they currently have such as lighting will they relax the current standard to allow something else in this area. Mr. Vrchota stated Section D is a list for the applicant of what the City will be looking at and they could be things they could request to vary from or things the City could stand on. Commissioner Cleveland asked if one of the business owners in the area wanted to do a substantial site improvement or expand their business will they have to get a CUP? Mr. Vrchota stated that is correct. Commissioner Holthus asked what would happen to a CUP if a business were sold. Mr. Vrchota indicated a CUP goes with the property if sold. Motion by Casey, seconded by Kirchoff, to open the public hearing at 7:11 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. No one wished to address the Commission. Motion by Walton, seconded by Casey, to close the public hearing at 7: 12 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Chairperson Daninger thought Commissioner Holthus made some recommendation at the last meeting and he wondered if what staffbrought forward was a product similar to what she was trying to express. Commissioner Holthus thought this was a little more vague than she thought it would be and she wondered if that was to allow a little more Regular Andover Planning and Zoning Commission Meeting Minutes - August 28, 2007 Page 3 flexibility for the Planning and Zoning and ultimately the City Council to make decisions on an individual basis. Mr. Vrchota stated the intent is to be flexible to allow give and take on both sides. Commissioner Holthus thought they were going to have stricter regulations such as amount of landscaping, etc. but she thought this was fine and should be open ended. Commissioner Falk wondered ifthe City Council was going to direct this or will there be some sort of spread sheet for them to look at. Mr. Vrchota stated this will be based on Commission, City Council and staff input, each based on a case by case review of the properties. Commissioner Walton stated his only concern is the length of time that is allowed by the vagueness of City sewer and water being brought to this area. His concern was how long that is going to be because they could have a lot of deterioration in that area and turn over and without a CUP being applied for on a regular interval, he would like to see something shorter than that vague timeline because the area could get run down and they should have a periodic review of the area regardless of when City sewer and water will be available. Commissioner Kirchoff wondered if staff had received any input from the property owners in this area. Mr. Vrchota stated this started because a property owner was notified they needed to obtain a CUP and they voiced some concerns about improving their site and the costs to bring it up to City standards. Chairperson Daninger indicated if they make it too difficult nothing will get done. They want to be flexible so the applicant is willing to make some improvements. Commissioner Walton wondered if every business out there currently has a CUP. Mr. Vrchota indicated not every business has a CUP or requires one in the area. Chairperson Daninger stated on page 2, the Hughs/Westview Industrial Park area is very specific and the only area they are talking about. Mr. Vrchota indicated that was correct. He stated Letter B gives the legal description ofthe area they are discussing. Commissioner Cleveland stated he had a concern because there is a standard for the City; they are talking about interim standards for this because it is more rural and that would be an upgrade for the businesses in this area. He wondered what standard they are operating at now. His concern is if one of the sites decides to upgrade they will have to get a CUP and do upgrading at some level but the surrounding properties will not need to and until or unless they decide to upgrade these sites will never have to do that. Mr. Vrchota indicated that was correct. Commissioner Cleveland wondered why anyone would want to make the choice to upgrade. Chairperson Daninger stated a person may want to start a new business in the Regular Andover Planning and Zoning Commission Meeting Minutes - August 28, 2007 Page 4 area. He stated the intent was before it was too restrictive and now they have the opportunity for someone to do a little improvement and have flexibility. Commissioner Cleveland thought this would be the same as living next to someone who did not keep up their yard. Chairperson Daninger asked in the language presented to them was there anything in the performance standard that the Commission would like explained, corrected or did they feel comfortable with what was presented. Commissioner Cleveland thought going through the CUP process should handle all of the questions that would come up. Chairperson Daninger wondered if staff felt there was enough information to move forward with this. Mr. Vrchota indicated there was. Motion by Kirchoff, seconded by Casey, to recommend approval ofthe Interim Performance Standards for Hughs/Westview Industrial Parks. Motion carried on a 7- ayes, O-nays, O-absent vote. Chairperson Daninger noted the only real concern was with the question about the timeline. Mr. Vrchota stated that this item would be before the Council at the September 4, 2007 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO MODIFY THE REQUIREMENTS OF CITY CODE 5-1 ANIMAL CONTROL. Mr. Vrchota stated the Planning Commission discussed potential changes to the City's animal control code at the July 24th meeting. The City Council has provided some additional feedback, and the changes are now being brought back for a public hearing and formal discussion. Mr. Vrchota discussed the staff report with the Commission. He suggested this item be tabled to get more information out to the public regarding this item. Motion by Kirchoff, seconded by Cleveland, to open the public hearing at 7:29 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Ms. Sylvia Munson, 2705 134th Lane NW, stated explained why she came to the City for help. She also noted she recently realized how dangerous electric fences are. She stated she is currently and historically been having problems with a neighbors dog barking. She stated the neighbor has an electric fence. She wants different changes to this ordinance because she did not think electronic fences were being addressed in the ordinance. She thought there should be regulations regarding these fences. She thought a permit should be required when installing an electronic fence and they should not be allowed in the Regular Andover Planning and Zoning Commission Meeting Minutes - August 28, 2007 Page 5 front yards. She stated she worries about her grandchildren when they come over and she thought they should do more research on them because they are not safe. She did not think an electronic fence should be allowed to contain aggressive dogs. Ms. Trudy Vanhouse, 2701 I 34th Lane NW, stated underground electronic fencing is a difficult issue for the Commission and if she can help with any information, she would be willing to help. She also would like some kind of window on how long it would take to research this. Ms. Munson asked if staff made any changes regarding restraint. Mr. V rchota stated no changes were made regarding restraint and electronic f~nces were not specifically addressed in this amendment. Chairperson Daninger stated the Commission discussed this with staff but no changes were requested. Ms. Munson wondered if they had received information from other areas regarding electronic fencing. Chairperson Daninger indicated they have and would discuss this information. Motion by Cleveland, seconded by Kirchoff, to close the public hearing at 7:41 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Kirchoff wondered on the electronic fence if a dog is wearing a collar don't they get shocked. He thought electronic fences work because no fence will stop every dog and if they want to get out of a yard they will. He wondered if there was some type of a threshold on the electronic fences to keep an animal in the yard. Chairperson Daninger stated they discussed this before and determined that if a fence will stop a dog it is an adequate type of a restraint. He stated he did not have any further questions because if it works it is considered a restraint and if a fence does not restrain an animal it is not effective. Commissioner Casey wondered if staff received any information from other cities regarding restraining an aggressive animal. Mr. Vrchota stated they did receive information from other cities on how they handle restraint and can provide that to the Commission at the next meeting. Commissioner Holthus did not think that an electronic fence is reliable and she did not think they could consider it an effective restraint. She understood a dog could go under or over a fence but typically fences are reliable. It is a physical thing that can be seen by all. Chairperson Daninger agreed an electronic fence is not considered a restraint because he also did not think it was reliable. Commissioner Cleveland did not think it was their responsibility to write code that would be one hundred percent reliable because other restraints could be broken through by a dog. Commissioner Holthus thought that if the City indicates an electronic fence is a reliable restraint then if someone would get hurt the City would be responsible. Regular Andover Planning and Zoning Commission Meeting Minutes - August 28, 2007 Page 6 Commissioner Cleveland stated if a dog is outside of their boundaries it is considered an animal at large and not under restraint so it would not be the City's responsibility. Chairperson Daninger thought staff could bring back information from other cities on what they have done in their cities regarding restraint. Motion by Kirchoff, seconded by Falk, to table. Motion carried on a 7-ayes,0-nays, 0- absent vote. WORK SESSION A. Subdivision Ordinance Discussion 1. Subdivision 11.1.3 - Platting Authority Mr. Cross stated this section is updated to reflect the State Statute. 2. Subdivision 11.1.4 - Definitions Chairperson Daninger stated on page 6, lines 21 and 22 he asked for a definition of mottled. Mr. Bednarz stated mottled soils are soils stained by water which means the water table had reached that point at some time. Commissioner Kirchoff stated mottled soil can be stained by salt or ariything in the water even when dry. Commissioner Holthus asked if2,500 average trips per day was a typical number in other cities for minor/major collector streets and she wondered where the number came from. Mr. Cross stated that number came straight from the Engineering Department as a recommendation. Commissioner Kirchoffthought it probably came from the Institute of Traffic Engineers (ITE). Chairperson Daninger remembered talking about this two or three years ago and changing collector streets based on a 2030 study. Mr. Bednarz stated the whole purpose is to allow driveway access to minor collector streets and not major collector streets. Commissioner Walton wondered if they would defme types of homes that can be built on lots in this section. Mr. Bednarz stated this is all covered under the lowest floor. He explained the process they go through to find the lowest floor and how that affects the type of home that can be built. 3. Subdivision 11.2.1 - Sketch Plan Changes Chairperson Daninger stated Sketch Plans are not required but they do pay a fee for both a sketch plan and a preliminary plat. Mr. Cross stated that was correct, they pay for them separately. Regular Andover Planning and Zoning Commission Meeting Minutes - August 28, 2007 Page 7 Chairperson Daninger wondered what the incentive was to do a sketch plan. Mr. Cross indicated they are less expensive and gives the developer a chance to discuss the plans. with the City to see if something is needed to be changed or if the City would allow a plan. Chairperson Daninger asked if they encouraged ghost platting next to the sketch plan. Mr. Cross indicated a ghost plat is a requirement. 4. Subdivision 11.2.2 - Preliminary Platting Mr. Cross stated they pulled the requirements of the Preliminary Plat out ofthe City Code and put them in a checklist, which makes it more fluid and easier to update annually. Chairperson Daninger wondered on page 14, line 38, what "Meets and Bounds" means. Mr. Bednarz stated it is any piece of land that had not been platted' and does not have a lot and block number. Commissioner Holthus wondered ifthere were two checklists, one for the sketch plan and one for the preliminary plat. Mr. Cross stated that was correct. Chairperson Daninger referred to page 16, line 17, stating "all persons interested in a plat shall be heard", he wondered if this meant that anyone could speak no matter who they are. Mr. Cross stated that was correct. Chairperson Daninger asked ifthis could be at the Planning Commission and City Council meetings. Mr. Cross stated it means whenever there is a public hearing, anyone can be heard. Chairperson Daninger stated in this section four pages were deleted and he wondered if the checklist addressed all of the deletions. Mr. Cross stated the information that has been removed is in the checklist but not word for word, it has been streamlined. Mr. Bednarz indicated this is much more user friendly and saves time for staff and the developer in reviewing the applications. 5. Subdivision 11.2.3 - Final Plat Requirements Mr. Cross stated there is also a final plat checklist. Chairperson Daninger asked for clarification of plat phasing on page 22, line 10. Mr. Cross reviewed plat phasing with the Commission. He noted the developer usually requests which plats they want to develop and they are called phases. Mr. Bednarz stated the developer will request which area of the preliminary plat they want to start as the first phase and a final plat is recorded with the County to create this phase and so on. Commissioner Falk stated the word "clerk" has been stricken and he wondered why they changed this. Mr. Cross stated the City Clerk no longer plays a role in subdivision Regular Andover Planning and Zoning Commission Meeting Minutes - August 28, 2007 Page 8 review and all of the documents are given to the city representatives and the Planning Department and they initiate the review and handle it. 6. Subdivision 11.3.1 - General Requirements Commissioner Cleveland stated he could not make the added word "that" on page 26, line 10 fit in that sentence. Mr. Cross stated they could add at the end ofline 9 "adjacent to" to make the sentence structure work. Chairperson Daninger stated on page 25, MN Statute 462.358 is referred throughout the entire document and he wondered if this was accessible somewhere. Mr. Cross stated they could keep it on hand at City Hall but is as accessible as any other Statute. Mr. Bednarz stated this is the Statute that provides cities with the ability to review plats. Their code does not reiterate the Statute but shows how the City applies it. 7. Subdivision 11.3.2 - Street Plan Chairperson Daninger stated on page 29, line 29, he thought they discussed sodding one time that went farther than the boulevard. Mr. Cross stated this only refers to boulevard sodding and not any lawn maintenance. Mr. Bednarz stated this section refers to what is required of the developer when they install streets and utilities, not what is required of the homeowner for lawns. Chairperson Daninger wondered who is responsible for maintenance of the boulevard sod. Mr. Cross stated the City Code explains that it is the responsibility of the homeowner to maintain the boulevard of their lot. Mr. Bednarz explained the City also holds an escrow or letter of credit to make sure it is maintained until a homeowner becomes responsible for it. 8. Subdivision 11.3.6 - Lots Commissioner Walton wondered at what point they discuss anywhere the changes about the expectations of the decks being ghosted onto a house plan. Mr. Cross stated the Building Department has now started to review plans to make sure that any possible deck to be built in the future is shown on the survey. Commissioner Walton wondered where the code states this. Mr. Bednarz believed it was adopted into the Building Code Section. He stated the issue comes up when they bring the house plan in for permit. 9. Subdivision 11.4.14 - Dead and Diseased Trees Commissioner Kirchoff agreed they should remove dead and diseased trees but he was concerned with putting the burdon of clean up on the homeowner because according to Regular Andover Planning and Zoning Commission Meeting Minutes - August 28, 2007 Page 9 the City Council meeting he watched, it could add up to a lot of money. Mr. Bednarz stated the City Council discussion did allow the Council review for some hardship cases and the City does have some grant funds from the DNR to work with homeowners and they try to target those larger areas. Chairperson Daninger thought the goal was not to create a hardship but to create a cure. Commissioner Cleveland wondered if there was anywhere in the City Code a time frame to remove a dead tree whether it be struck by lightening or from some other means. Mr. Cross stated if a tree is diseased that is another issue but if a tree dies from natural causes there is no time frame but there is also the nuisance factor that they consider. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Commissioner Falk wondered what the Council decided on irrigation for the Mosquito Control building. Mr. Bednarz stated that will be part of the landscaping plan that comes back to the Council and will be part of the final approval of that plan. ADJOURNMENT. Motion by Falk, seconded by Casey, to adjourn the meeting at 8:43 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc.