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Home My WebLink AboutCC March 4, 2008 0 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, March 4, 2008 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (2/19/08 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Award Bid/07-48/Tower #2/Painting & Rehabilitation (Supplemental) ~ Engineering 4. Award Bid/08-4/2008 Seal Coating (Supplemental) - Engineering 5, Award Bid/08-3/2008 Crack Sealing - Engineering 6. Approve Plans & Specifications/Order Advertisement for Bids/2008 Overlays (08-2A, Northglen Area & 08-2B, Grow Oak View Estates) - Engineering 7. Approve Joint Powers Agreement! Anoka County Assessors Service Contract - Administration 0 8. Approve Wayside Horn Agreement for Crosstown Blvd./BNSF/07-40 - Engineering Discussion Items 9. Discuss Comprehensive Plan Update/Sewer Staging - Planning Staff Items 10. Schedule EDA Meeting - Administration 11. Administrator's Report - Administration Mayor/Council Input Adjournment 0 (j) 0 1665 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 7!i5-6923 . 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: March 4, 2008 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: 0 February 19,2008 Regular Meeting DISCUSSION The minutes are attached for your review. Councilmember Trude had asked that the tape for the January 2nd meeting be reviewed to see if the committee appointments are correct in the typewritten minutes. Staff reviewed the tape and the minutes are correct as written. ACTION REOUlRED The City Council is requested to approve the minutes of January 2, 2008. Respectfully submitted, a~' (Jib Vicki V olk City Clerk Attach: Minutes 0 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 19,2008 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ..............,........................................................................................ 1 DEPUTY INTRODUCTIONS.....:................................................................................................ 1 SPECIAL PRESENTATION - THIO/169 CORRIDOR COALITION .......................................1 RESIDENT FORUM .................................................................................................................... 2 AGENDA APPROV AL................................................................................................................2 APPROVAL OF MINUTES .......................................................................,................................. 2 CONSENT ITEMS ....................................................................................................................... 3 Approval of Claims.. ......................... ...... .......... ........................................... ... ,...... ................... 3 Resolution R013-08 ordering Plans & Specs/08-12 (Sunshine Park/Irrigation Well), 08-13 (Test Well #10) & 08-14 (Test Well #11) ................................................................................ 3 Resolution RO 14-08 accepting Petition/Order Feasibility Report/07 - 37 AlMetropolitan Mosquito Control/Extension of SS ......................................................,.................................... 3 Approve Equipment Hotbox as Surplus Suplemental .............................................................. 3 RECEIVE ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT ............... 3 0 CONSIDER CODE AMENDMENT/REGULATING ULTIMATE FIGHTING/ADDING SECTION 3-lB-12 TO CITY CODE (ORD. 362).................................................................. 4 CONSIDER CODE AMENDMENT/CHAPTER 12-12/ADDING CIillRCHES AS A CONDITIONAL USE IN THE SHOPPING CENTER ZONING DISTRICT (ORD. 363).... 4 CONSIDER CONDITIONAL USE PERMIT (08-01)/COON RAPIDS UNITED METHODIST CIillRCH/1574 - 154TH AVENUE NW (RES. ROI5-08) ...................................................... 6 CONSIDER CODE AMENDMENT/ANTENNA & TOWER CODE (CHAPTER 9-12) (ORD, 364) ........................................................................................................,................................. ..... 6 CONSIDER RECOMMENDED SITES FOR 2008 NATURAL & SCENIC AREA GRANT PROGRAM............................................................................................................................... 7 APPROVE CITY CODE AMENDMENT 9-4-l/GLASS IN THE PARKS (ORD. 365) ............8 DISCUSS STATE AID DESIGNATION & REVOCATIONS.................................................... 9 SCHEDULE EDA MEETING....................................................................,............................... 10 SCHEDULE MARCH WORKSHOP ......................................................................................... 10 ADMINISTRATOR REPOR T .................................................................................................... 10 MAYOR/COUNCIL INPUT ...................... ................................................................... .........,... 10 ADJOURNMENT...................................".................................................................................. 10 0 O~ 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 19,2008 7 MINUTES 8 9 10 The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike 11 Gamache, February 19, 2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude 15 Councilmember absent: None 16 Also present: . City Attorney, Scott Baumgartner 17 Director of Public Works/City Engineer, Dave Berkowitz 18 City Administrator, Jim Dickinson 19 Community Development Director, Will Neumeister 20 Others 21 22 o;~ PLEDGE OF ALLEGIANCE 25 26 DEPUTY INTRODUCTIONS 27 28 Chief Deputy Lonnie Paine introduced the Andover Deputies for 2008. 29 30 31 SPECIAL PRESENTATION - THI0/169 CORRIDOR COALITION 32 33 Mr. Dickinson introduced Jodi RueWe from the Tinklenberg Group who made a presentation to the 34 Council regarding the THl 0/169 Corridor Coalition. 35 36 Mayor Gamache asked what the timetable is for the third lane on Hwy 10. Ms. RueWe stated the 37 funds have been encumbered by MnDOT and that is expected to begin in 2009. 38 39 Councilmember Orttel stated in the written documents it says that phase two goes from Egret to 40 Round Lake Boulevard but did she mean County Road 7. Ms. RueWe stated she talked to Kate 41 Garwood to make sure she was up to speed on where they were at with that and was told it was a 42 little bit past Round Lake Boulevard to 7th Avenue. 43 o:~ Councilmember Jacobson wondered if the Northstar will decrease the need for these highway improvements. Ms. RueWe stated that given the amount of congestion there it will not eliminate 46 or relieve congestion to a degree that highway improvements would not be needed. 47 48 Councilmember Jacobson stated the Tinklenberg Group is under contract to the Coalition and he 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 2 1 wondered what the contract price is for the year. Mr. Dickinson stated it is dependent on the 2 amount of revenue that comes in and is based on how the package is put together. 3 4 Councilmember Orttel asked how they determine a local share in regard to IIwy. 10 when they 5 receive a grant. Ms. Ruehle stated that is a Federal formula if Federal dollars are being used. 6 7 8 RESIDENT FORUM 9 10 No one wished to address the Council. 11 12 13 AGENDA APPROVAL 14 . 15 Remove from Consent Items for discussion Items 5, (Approve City Code Amendment 8-4-l/Glass in 16 the Parks). 17 18 Motion by Trude, Seconded by Orttel, to approve the Agenda as amended above. Motion carried 019 unanlinously. 20 21 22 APPROVAL OF MINUTES 23 24 February 6, 2008, Regular Meeting: Correct as amended. 25 26 Councilmember Trude stated on page 5, lines 32 and 33 the sentence should read: "Councilmember 27 Trude stated. . . they Applicants are seeking se';,'ef plllBBiag stage are located so a couple of pareels at 28 this point \vithaat any plaa., jastify changing the CaHip. PlaB earlier dates in the City's sewer staging 29 plan. The applicants own a couple of parcels at the end of the current sewer line and with no plans 30 for development there is no iustification to change the Compo Plan." 31 32 Councilmember Trude noted on page 5, end ofline 37 the sentence should read: "Mr. Berkowitz 33 stated the whole issue that came up was the applicants that are looking for change ';,'liS Flat tied inta 34 are asking the City to implement the Prairie Road Alternative 2, it was a separate item from the 35 sewer staging plan so staff was not prepared at that time to have information at the meeting regarding 36 the Prairie Road Alternative 2". 37 38 Councilmember Trude stated on page 6, line 8, TKDA is the company. On line 18 the sentence 39 should start out with: "Written recommendation on this reauest in order to get this out for the six 040 month review. . .." 41 42 Councilmember Jacobson stated on page 7, lines 38 & 39 should read: "Councilmember Jacobson 43 stated he reluctantly agreed to this." Line 41 should read: "If anything else comes before them on 44 the Rural Reserve he will vote no." His comments were based on the Rural Reserve and not the 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 3 1 sewer plan. 2 3 Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried 4 unanimously. 5 6 February 6, 2008, Closed Session Meeting: Correct as amended. 7 8 Councilmember Jacobson stated it talks about the agreement with the natural gas company but it 9 does not indicate which parcel they are talking about and he would like to have it clarified to indicate 10 somehow in here where the parcel is located. 11 12 Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried 13 unanimously. 14 15 January 22, 2008, Work Session Meeting: Correct as amended. 16 17 Councilmember Jacobson stated on page 5, lines 19 & 20, should refer to the loitering ordinance, not 18 the Ultimate Fighting Ordinance. Mr. Dickinson stated the Loitering Ordinance is back on page 4, 019 lines 22 & 23 where they did put in the summary of the loitering and it appeared it was copies over to 20 the Ultimate Fighting Ordinance also. 21 22 Mayor Gamache stated he was not present at the workshop. 23 24 Motion by Trude, Seconded by Orttel, approval of Minutes as indicated above. Motion carried 4 25 ayes, 1 present (Gamache). 26 27 28 CONSENT ITEMS 29 30 Item 2 Approval of Claims 31 Item 3 Order Plans & Specs/08-12 (Sunshine ParklIrrigation Well), 08-13 (Test Well 32 #10) & 08-14 (Test Well #11) (See Resolution R013-08) 33 Item 4 Accept Petition/Order Feasibility ReportJ07-37 AlMetropolitan Mosquito 34 Control/Extension ofSS (See Resolution ROI4-08) 35 Item 4a Approve Equipment Hotbox as Surplus-Supplemental 36 37 Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read including Item 38 4A. Motion carried unanimously. 39 040 41 RECEIVE ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT 42 43 Captain Tom Wells, Anoka County Sheriff's Department, provided an update on law enforcement 44 activities occurring within Andover. 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 4 1 2 3 CONSIDER CODE AMENDMENT/REGULATING ULTIMATE FIGHTING/ADDING 4 SECTION 3-1B-12 TO CITY CODE 5 6 The Sheriff's Department presented this information to the City Council on January 22, 2008 and 7 they authorized it to be discussed at a public hearing before the Planning Commission. This has 8 been raised by the Sheriff's Department as a concern because occurrences of "ultimate fighting" have 9 been increasing in the area 10 11 Captain Wells reviewed the reason for the City Code Amendment with the City Council. 12 13 Councilmember Trude asked if there is an issue in Andover on private residences. Captain Wells 14 indicated it has not become a problem yet on private property but if they want to look at the 15 ordinance as a whole, some of them they have researched have been in backyards and he thought if 16 they want to restrict a behavior, it has to go into the private property. 17 18 Councilmember Trude asked if the High School is interested in this and asked if there have been 019 problems. Captain Wells explained this originated from the High School Resource Officer. It was 20 more the gathering on the school property. The fights have not been on the school property that they. 21 know of. 22 23 Councilmember Trude noted they are acting in a more preventative style than reacting to an issue. 24 25 Councilmember Jacobson stated he was looking at the first main paragraph and the last sentence and 26 he wondered if".. .and the public health, safety and welfare" need to be in there. City Attorney 27 Baumgartner indicated that gives them the authority to regulate. Once the gathering starts it tends to 28 expand beyond the confines of a backyard and they need that to allow authority figures to stop it. 29 30 Motion by Jacobson, Seconded by Knight, to approve the requested code amendment to regulate 31 ultimate fighting. 32 33 Councilmember Orttel stated he noticed at the end of the ordinance it mentions incidental physical 34 contact in sports with naming some of the sports and he would like to have football added as a sport 35 in the Code amendment so people did not feel in the future that football should be outlawed. 36 37 Motion carried unanimously. (ORD. 362) 38 39 040 CONSIDER CODE AMENDMENT/CHAPTER 12-12/ADDING CHURCHES AS A 41 CONDITIONAL USE IN THE SHOPPING CENTER ZONING DISTRICT 42 43 The Coon Rapids United Methodist Church has requested that they be allowed to locate a church in 44 the Hanson Commons II Shopping Center. Currently the City Code allows churches as a conditional 0 Regular Andover City Council Meeting Minutes-February 19,2008 Page 5 1 use in each of the residential zoning districts and the Limited business zoning district. The proposed 2 site is zoned Shopping Center (sq. An amendment to the City Code would be necessary to allow 3 the proposal to move forward. 4 5 Councilmember Jacobson stated in the resolution there is a condition that would grant the 6 conditional use to the Church in the next item. One of the conditions was that the pennit shall expire 7 in three to four years from the date approved by the City and the Attorney has looked at that and if it 8 is pennitted, a time limit cannot be placed on it even if it is requested by the applicant. He wondered 9 if they could put a condition like that on this. City Attorney Baumgartner stated under Statute 10 462.3 595 dealing with Conditional Use Permits there is a specific subdivision dealing with duration 11 which states that a CUP shall remain in effect as long as the conditions agreed upon are observed. 12 There has also been discussion with City attorneys and he believes Dakota County tried to put a time 13 limit on a CUP that the parties had agreed to. Down the line, the end user objected to the time 14 limitation and were going to go into litigation to have that removed. They settled it so there was no 15 decision from the court but based upon the readings and the Attorney General's opinions he did not 16 believe they can put a time limit on a CUP. 17 18 Councilmember Jacobson wondered if they could add the following wording "Shall expire 019 contingent upon the consent of the property owner." City Attorney Baumgartner thought that would 20 be taking the control from the City and placing it more on a landlord/tenant situation. 21 22 Councilmember Orttel wondered if this runs with the land, why the property owner isn't filing for the 23 pennit. City Attorney Baumgartner indicated it will be the ultimate user interested in having this 24 move forward. Mr. Dickinson stated the owner is basically consenting by having the lease with the 25 church. Councilmember Orttel stated the lease would control the time if the underlying owner 26 wanted to get out of it. Mr. Dickinson indicated that is correct. 27 28 Mr. Dickinson stated as long as there is a valid lease on the building it could be a condition so if 29 there is not a valid lease, the CUP could expire. Councilmember Trude thought that made sense. 30 31 The Council further discussed the Conditional Use Pennit conditions and how they would affect a 32 church use. 33 34 Councilmember Orttel thought the lease is the best timeline. He stated it fits in with the plans of the 35 church and the two happen to come together at this time and he did not see churches moving into all 36 their shopping centers. He did not see a problem with this. 37 38 Motion by Jacobson, Seconded by Orttel, to approve the proposed amendment to the City Code. 39 o:~ Councilmember Trude thought they should make the conditions very specific so when one of these comes up there are a lot of conditions. Councilmember Orttel thought because it is a temporary use, 42 they may not want to exclude other businesses that would normally be excluded because of its 43 location such as a restaurant. Councilmember Jacobson did not know if they could do that because 44 of the liquor ordinance. 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 6 1 2 Mr. Dickinson asked if they could quantifY what is a permanent and temporary church building and 3 put it into the liquor code. Councilmember Trude wondered if they could have something in their 4 code under definitions. 5 6 Motion carried unanimously. (ORD, 363) 7 8 9 CONSIDER CONDITIONAL USE PERMIT (08-01)/COON RAPIDS UNITED METHODIST 10 CHURCH/1574-154TH A VENUE NW 11 12 Motion by Jacobson. Seconded by Ortte1, to approve the resolution with the following change: 13 14 Under the second item three, it should be changed to item four, it should read: "the conditional use 15 permit shall be in effect as long as there is a valid lease." 16 17 The Council discussed if the added condition was needed. 18 019 Councilmember Trude stated on item three it is listing specific locations where conditions could be 20 detrimental and she thought it should be a little more generic and read: "The permit shall be subject 21 to review if conditions that are detrimental to nearby businesses or neighborhoods that can be 22 documented. The Council may choose to revoke the CUP with a ninety day notice." 23 24 Mayor Gamache asked with taking out Hanson Commons IT and the surrounding neighborhood, does 25 that open it up to anything. Mr. Neumeister showed a map of surrounding areas and indicated there 26 would not be anything within the area that would be detrimental. 27 28 Motion carried unanimously. (RES. R015-08) 29 30 31 CONSIDER CODE AMENDMENT/ANTENNA & TOWER CODE (CHAPTER 9-12) 32 33 As telecommunication towers become more prevalent and their technology improves, the City 34 Code needs to be updated to facilitate their review. The current Towers and Antennas ordinance 35 is based on a League of Minnesota Cities model from the late 1990's. An update was done in 36 2000, but more improvements are needed. This item appeared at the February 12,2008 Planning 37 Commission meeting for Public Hearing. 38 39 Councilmember Trude noted it looks like they are going to a higher tower and she wondered if o:~ there was concern about the visual impacts. Mr. Neumeister stated the tower will look the same as the shorter ones and it allows for co-location so they will have fewer towers. 42 43 Councilmember Trude asked if Code 12.13.5 applies to a little equipment building regarding 44 screening. Mr. Neumeister stated it would. 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 7 1 2 Councilmember Trude stated on page 10 they struck the condition that it should be a minimum of 3 five hundred feet from any existing residential unit and a half mile from each other. They took 4 that out totally and she wondered where it is that they will have some distance from a house or 5 commercial property. Councilmember Jacobson stated they originally put this in the ordinance 6 for a fall distance. 7 8 Councilmember Jacobson stated under the section "Ground Mounted Equipment" he would like 9 to suggest a change. "A. Ground mounted equipment and antennae shall be stored within a 10 closed secure building." He suggested they take out the words "and antennas" because he could 11 not see them being stored in an enclosed secure building. The other Councilmembers agreed. 12 13 Councilmember Trude thought they should change monopole to "any pole". 14 15 Councilmember Orttel stated on page 8, under item B it is talking about publicly purchased parks 16 so they cannot put an antennae in a donated park. City Attorney Baumgartner stated they can 17 place them in publicly purchased parks but not donated parks because in a purchased park, the 18 park is no longer dedicated for the purposes of a park. 019 20 The Council discussed with staff areas where an antennae could be placed. 21 22 Motion by Jacobson, Seconded by Knight, to approve the proposed Code Amendment.' Motion 23 carried unanimously. (ORD. 354) 24 25 26 CONSIDER RECOMMENDED SITES FOR 2008 NATURAL & SCENIC AREA GRANT 27 PROGRAM 28 29 Council directed staff to prepare a grant application for the Natural & Scenic Area Grant 30 Program. Since that time, The Open Space Advisory Commission reviewed nine locations for 31 preservation in the City. 32 33 Councilmember Knight asked what NHIS means on the map. Mr. Dickinson stated it refers to 34 DNR related items. 35 36 Mr. Holasek indicated it is a DNR test well. 37 38 Councilmember Knight asked if the landowners have been contacted on any of the three parcels 39 that the Commission is considering. Mr. Dickinson explained where the Commission is at in the 40 process with the Council. He indicated they have not contacted any of the owners and did not o:~ want to until there was Council consensus that these were good areas to look at. 43 Councilmember Knight asked in the process of this will an owner be made an offer, Mr. 44 Dickinson stated they will ask the owner if they are interested in this and if they are, the City will 0 Regular Andover City Council Meeting Minutes - February 19, 2008 Page 8 1 make suggestions and will go through an appraisal process, if needed, which the City will pay 2 for. 3 4 The Council reviewed the parcels with staff and made the following suggestions: 5 6 Councilmember Trude thought they need to have public access to parcels for potential purchase. 7 She thought some of the parcels are quite large and they would not be able to purchase the entire 8 parcel so they should have an area that could allow public access. 9 10 Councilmember Trude stated she would personally like to see "River Central" moved to number 11 three and remove the "Leeman Lake" parcel because there is no upland on it. Councilmember 12 Jacobson thought there may be land in the future where there is no access but they may want to 13 leave the land for open land. 14 15 Motion by Jacobson, Seconded by Knight, to affirm the recommendation of the Open Space 16 Advisory Commission and authorize staff to talk with the property owners to see if there is any 17 possibility of purchase at a reasonable price and report back to Council. 18 019 Councilmember Trude wondered if she could amend the motion to include "River Central to the 20 list so that if the three are not available that this parcel be included for review as an alternate." 21 22 Councilmember Jacobson and Knight agreed with the friendly amendment. 23 24 Motion carried unanimously. 25 26 Mr. Berkowitz noted the white area on the map is upland and the red area is upland with 27 additional features on it. He noted Leeman Lake does have upland on it. 28 29 30 APPROVE CITY CODE AMENDMENT 9-4-1/GLASS IN THE PARKS 31 32 The City Council is requested to approve an amendment to the City Code Section 8-4-1 (park 33 and Recreation Areas) as recommended by the Park and Recreation Commission. 34 35 Councilmember Jacobson stated under the second line of the amendment under the defInition of 36 glass it says". . . or park facility or recreation area", does the recreation area have to be City 37 owned or could it be privately owned. City Attorney Baumgartner assumed it is not defined 38 elsewhere in the ordinance. Councilmember Jacobson stated the reason he brought this up is 39 they have several areas in the City that are not owned by the City or School District and he O~ wondered if that would come under this ordinance. City Attorney Baumgartner thought it was covered under the fIrst sentence "the City". To regulate it, it needs to be City owned property. 42 43 Councilmember Jacobson stated they are also talking about no glass in any indoor or outdoor 44 facility and he wondered what happens if a mother brings something for a baby that is in a glass 0 Regular Andover City Council Meeting Minutes-February 19,2008 Page 9 1 container. He also thought there may be glass at the indoor food area at the Community Center 2 and he wondered if they were eliminating that also. 3 4 Councilmember Trude thought they could strike "indoor" from the amendment. Mr. Dickinson 5 stated they do not want glass bottles in the ice arena or in the field house. 6 7 Councilmember Orttel thought they should word this as "no glass beverage containers will be 8 allowed in any designated City park or park or recreation facility". 9 10 Motion by Trude, Seconded by Orttel, to approve an amendment to the City Code regarding glass 11 in the parks recommended by the Park and Recreation Commission. Motion carried 4 ayes, 1 12 nay (Jacobson). (ORD. 365) 13 14 15 DISCUSS STATE AID DESIGNATIONS & REVOCATIONS 16 17 The City Council is requested to consider Municipal State Aid Street (MSAS) revocations and 18 designations for 2008. 019 Mr. Berkowitz reviewed the information with the Council. 20 21 22 Councilmember Jacobson asked for the rationale on numbers 5 and 6. Mr. Berkowitz showed a 23 map and explained area 5 is 38th Avenue which they found out recently that the roadway had 24 been turned back to Anoka several years ago and the City has a small section in there that would 25 also be considered part of that. They have never designated that in the past so they would like to 26 designate that now. 27 28 Councilmember Jacobson asked why they would designate that as State Aid when it is only about 29 one hundred feet. Mr. Berkowitz stated it is simple mileage that they can designate since the 30 City of Anoka is pursuing it; it makes it one continuous State Aid Route from 7th A venue all the 31 way to Bunker. If they do not have the small segment in there, it would make it more difficult 32 for Anoka to designate that. 33 34 Mr. Berkowitz stated location 6 would be from the County Road to 7th Avenue and make the 35 loop connection. It would then provide access to future development areas. Councilmember 36 Knight asked if Mr. Berkowitz was aware that ids in Agricultural Preserve. Mr. Berkowitz 37 indicated he did not know that but they can still designate that area as a future designation. 38 39 Councilmember Jacobson asked why they would do that because the City would have to build it 040 to State Aid standards and spend the money and if it is going to be developed, let the developer 41 pay for it. Mr. Berkowitz stated typically as part of the development they would require that 42 connection and the developer would build that to the regular City standard and then the City 43 would pay for the extra width and design, 44 0, Regular Andover City Council Meeting Minutes - February 19, 2008 Page 10 1 Councilmember Trude indicated they need to pick some roads that connect existing State Aid 2 County Roads to each other in order to collect an allotment of gas money for their City roads 3 otherwise they will not get it. Mr. Berkowitz stated this is a place holder so they can receive on 4 average $15,000 a mile and can be changed in the future. 5 6 7 SCHEDULE EDA MEETING 8 9 Motion by Jacobson, Seconded by Orttel, to schedule an EDA meeting for 6:00 p.m. on March 4, 10 2008. Motion carried unanimously. 11 12 13 SCHEDULE MARCH WORKSHOP 14 15 Motion by Trude, Seconded by Jacobson, to schedule a Council Workshop for Tuesday, March 16 25,2008 at 6:00 p.m. Motion carried unanimously. 17 18 019 ADMINISTRATOR REPORT 20 21 City Administrator Dickinson updated the Council on the administration and city department 22 activities, meeting reminders and miscellaneous projects. 23 24 City Engineer Berkowitz updated the Council on road improvements projects in the City. 25 26 Community Development Director Neumeister updated the Council on development activity in 27 the City. 28 29 30 MAYOR/COUNCIL INPUT 31 32 There was none. 33 34 Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting 35 adjourned at 9:36 p.m. 36 37 Respectfully submitted, 38 39 Susan Osbeck, Recording Secretary 0 8J 0 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: March 4, 2008 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $421,559.58 on disbursement edit lists #1 - 2 from 02/25/08 to 02/28/08 have been issued and released. 0 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 $421,559.58. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, '?;e!?3~ Lee Brezinka Attachments: Edit Lists 0 - ~ I>. 0 0 0 0 0 0 ;z; ;z; ;z; ;z; ;z; ;z; .;; .;; .;; .;; .;; .;; .. 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'is ~ .. = ~ ... 8 . e;: @ 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Award Bid/07-48/Tower #2/Painting & Rehabilitation (Supplemental)- Engineering DATE: March 4, 2008 0 INTRODUCTION The bid opening is scheduled for 2:00 p.m., Monday, March 3, 2008, which is after the City Council packets are prepared and sent to print. Bid results will be presented and discussed at the meeting. Respectfully submitted, ~0, David D. Berkowitz 0 @J 0 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 slCity Engineer PDD David D. Berkowitz, Director of Public FROM: Jason J. Law, Asst. City Engineer SUBJECT: Award Bid/08-4/2008 Sealing Coating - Engineering DATE: March 4, 2008 INTRODUCTION The City of Coon Rapids is administering the project and the bid opening for the project is scheduled for 10:00 a.m., Friday, February 29,2008, A supplemental item with bid results will be available at the meeting. 0 Respectfully submitted, 9rfi/Lr Jason 1. Law 0 @ 0 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 Public orks/City Enginee~ FROM: Jason J. Law, Asst. City Engineer SUBJECT: Award Bid/08-3/2008 Crack Sealing - Engineering DATE: March 4, 2008 INTRODUCTION The City Council is requested to receive bids and award the contract for Project 08-3, 2008 Crack Sealing, DISCUSSION The crack seal program is an effective street maintenance technique utilized to protect and prolong the o life of the City's street infrastructure. The crack sealing program divides the City into nine separate maintenance zones, Each year the streets in one of the nine zones, as weII as new developments, are targeted for crack sealing. These streets are then seal coated the foIIowing year. The bids received are as follows: Contractor Bid Amount Precision Seal coating, Inc. $152,900.00 American Pavement Solutions, Inc. $158,460.00 Fahrner Asphalt Sealers, Inc. $162,630.00 Astech $190,430.00 AIIied Blacktop Co. $358,620.00 Engineer's Estimate $140,390.00 Bids this year came in higher than anticipated. The Engineer's Estimate was determined by adding 15% to the low bid from 2007. The unit price for the 2008 project is 25% higher than the 2007 project. In talking with contractor'sfollowing the bid opening, crack seal material costs have increased 10- 15%, and the higher fuel prices are being passed along as weII, leading to the increased project costs. The total project cost (including indirect costs) as identified in the CIP was $172,100, though areas have been modified to some extent from the CIP estimate. Staff feels that this price is reflective of the current market conditions, and we have received quality work in the past from this contractor. BUDGET IMP ACT o The 2008 Crack Sealing project has been identified in the City's Capital Improvement Plan. The funding for this work will be from the Road & Bridge Fund and the Construction Seal Coat Fund. Mayor and Council Members 0 March 4, 2008 Page 2 of2 ACTION REQUIRED The City Council is requested to approve the resolution accepting bids and awarding the contract to Precision Sealcoating, Inc. in the amount of $152,900.00 for Project 08-3, 2008 Crack Sealing. Hk Jason J. Law Attachments: ReSOIUtio!Location Map~ Bid Tab ./ 0 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 08-03 FOR 2008 CRACK SEALING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 007-08 ,dated Januarv 15, 2008, bids were received, opened and tabulated according to law with results as follows: Precision Sealcoating, Inc. $152,900.00 American Pavement Solutions, Inc. $158,460.00 Fahrner Asphalt Sealers, Inc. $162,630.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Precision SealcoatinQ, Inc. as being the apparent low bidder. 0 BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Precision SealcoatinQ, Inc, in the amount of $ 152,900.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a reQular meeting this 4th day of March , 2008 , with Council members voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor 0 Victoria Volk - City Clerk ----- 9\NDbVE~ Capital Improvement Plan Pr j ct Nam : ANNUAL STREET CRACK SEAL PROJECT 0 2008 STREET CRACK SEAL . ~- J.l!;:;a eH IILU I\, ,H I ~L .11, I nr J--I Ai ~.:/ ..LJF 1lJldEfEn n ~ ..r. '" ",""- ~//, ~ d' >- TI1=EEffl/r ~ J r - ~~ ~, ..fili$~ r ~ '~ ~~i'- "'~II .n ~ '\, -W ilr< 0 r--- hi ~i;ffi3B? - ~Ki'r - ~ ~ I _ ~ ,flPEE 'I.> ~ ' 5'l :! ,~ r ' if- c:;:('t- EEB I I I I I I II 'I I ~ T rr- n =::r L " "'... rWJ'D~ ~ - .U ~ Hffif[ = n iF!'ilmr = I- - 1T ~!..::::.1~Ul ::J.. 7)-~ ;;rJ,/ J-. ,- \7, ~ f- _ r J ~ I\-- Tl' r "'(\ - 1il. 'Z.. ~ ~~ ~~.. ~rn~ ~ ill ll) n= Iii IT ~ijp'~_JU "~ ~ I H~ ~Ig L ~ .a 1II1f.j:!t idI ~ v ""b:=~ titH~ m~~ r ~ il ~ o l,m 4 ~ ,if! II! ~. ,g ~m i , .r ~1 /. c '\ MJ~ ~ =[;._., II A11"rT~P'lt, ~ II, ~ ~ L~ L LL,lIJ E' K BJlfJ1 '. ~.l, ~ I~, JIii - . ,~ II. "'~M' ...~~ "H'~ 81111E~~lr~! aU,,?m ,.t.R N Location Map ..' r/f'l ..,'" i.~ "L:~ ) LEGEND. ~ ,,' v i:if :i2 s ~n ""?,~~ ,f 4- o Project Location '1. }" ~ - ~ r; l'lll ll;: II>. l'. ___ Lots/Parcels 0 2,650 5,300 10,600 ~ f-J ~ 1 ~ 'l . . -0 ~ Park . . lor A~ I"-IT <:~~(;l Feet ~ i Water 0 City Limits ~ \ 00 00 -JOQ Q, <(NN o ~COU) ~~ g~f8 O ~CG Me") _ C. 6l7* III E .,,0 .2!O l-W CO = -()l.O c( Z - . ::>a:;N a.'" 00 00 ...Jcic:i C("'''' f-...... 000 .c 1-0)0) .. ~ ~ .. "'''' ~ .. c( f-W", -(.)", z- . ~a:;~ ~a.'" 00 00 == :;tgg ftS. J-COU>> '&.g 0 NN cn- l-COCD <I€ ~:; 4;,!! c.. .c~!::~~ :. z - . ~a:;~ ~a.'" 00 ~ 00 C -lOci EU ~~~ G>= OcO= > ~ j-LOIO to In "C""''t"" ~.~ ** ..~ ..= '~Ol-W~ CD CI) - () ..... 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City Engineer SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/200S Overlays (OS-2A, Northglen Area & OS-2B, Grow Oak View Estates) - Engineering DATE: March 4, 2008 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for the 2008 Overlay Project (08-2A, Northglen Area & 08-2B, Grow Oak View Estates), 0 DISCUSSION As part of the City's ongoing street maintenance program, each year the streets in the most need of repair are reconstructed. The areas identified for reconstruction this year are the N orthglen Area & Grow Oak View Estates. A feasibility report was previously prepared for this improvement and was submitted to the City Council at the December 18,2007 City Council meeting. The public hearing for the project was held on January 15,2008. The project consists of milling the existing bituminous, shaping the gravel, constructing concrete curb and gutter and placing a new layer of bituminous for the aforementioned developments. The properties that benefit from the improvements will be assessed 25% of the total project costs as detailed in the City's Roadway Reconstruction Assessment Policy. This project is included in the City's CIP and has been initiated by the City, which requires a 4/5 vote from the City Council to pass the resolution and move the project forward. The total project cost is estimated at $1,033,480.00. The City's portion is estimated to be $775,110.00, while the assessed portion is estimated to be $258,370,00. The estimated cost breakdowns by development area are as follows: Development Total Cost City Costs Assess. Costs Assess. / Unit 0 Northglen Area: $837,020,00 $627,760.00 $209,250,00 $1,730.00 Grow Oak View Estates: $196,460.00 $147.350.00 $ 49.120.00 $3.780.00 Totals $1,033,480,00 $775,110.00 $258,370.00 0 Mayor and Council Members March 4, 2008 Page 2 of2 BUDGET IMP ACT Seventy-five percent (75%) of the total project costs for the street reconstruction project would be funded from the City's Road & Bridge Fund, and the remaining 25% of the total project costs would be assessed to the benefiting properties. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for the 2008 Overlay Project (08-2A, Northglen Area & 08-2B, Grow Oak View Estates). RH~ Jason 1. Law V ,// Attachments: Resolution & Project location maps 0 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2008 OVERLAYS, PROJECT NOS. 08-2A (NORTHGLEN AREA) & 08-2B (GROW OAK VIEW ESTATES). WHEREAS, pursuant to Resolution No. 009-08 , adopted by the City Council on the 1511\ day of Januarv , 2008 ,the City Enqineer has prepared final plans and specifications for Project Nos. 08-2A & 08-2B WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of March , 2008 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. 0 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 2:00 PM , April 1 ,2008 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 41h day of March , 2008 , with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk 0 I'\W6il\1r~ City of Andover - 2008 Overlays - Northglen Area [L / ../.. '-' I'.". i. ~!. . · . ~ ...~"" "'" .,..... i r--'~" I ~ ~ ~ ~ r;;; .. '" .- 3408 ,.. " I "" I'.... (J)c----..,..,.. - I 1d140 ........ 114169 ~HH __ _ I . UIC ~T1 OMdADD I<~ 14141 1411>6 "" ' "', "~" l!" . . . ,........,.- \~;i,~0~4lI ~ l~ ,~,' ~." ;; "I' · · 'C "'" ,':'" "'" \i (~~?I:~ ..,..., 141STLN , , k!li'i'"i....ii..I::,.: "'" ru: '"'' I. ". , "... .1.'.. .,=9" , _, , 0"fi~~ ~ 1 I ~ ~ ~ ;; g . · . . l "'" 13 _,"~ ~ \- ~] _.....'. ',': "', ''''':'..~ "'" I ,", , * ;; ':.....", . ...,..,..---1 'lr \ '.':;.;, ~," '"'-:;.:: 14084 I "- .-' ...... 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WATER EJ PARK EJ PARCELS Map Scale: 1 inch = 500 feet 9 Map Date: 10/1912007 O Data Date: October 10,2007 Sources: ANDOVER GIS ANOKACOUNTYASSESSOR DisclaImer; opyngl 6. jyer's ge 1"Il,itiiWI!~ City of Andover - 2008 Overlays - Grow Oak View Estates 17413 17387 ......... 17$410 ''''' """ 0 I 17196 I I ....................h......._..... ........._..... .--J l11Ul f- (J) W ~ 0 z <.: I ~ ! I ! i I Reference Map 11101 I Map Scale: 1 inch = 500 feet 9 Map Date: 10/19/2007 0 Data Date: October 10, 2007 Sources: ANDOVER GIS ANOKA COUNlY ASSESSOR Disclaimer: opyrig tll:> . iver's e I , (j) 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: May'" and Councilmomben; y FROM: Jim Dickinson, City Administrator SUBJECT: Approve Joint Powers Agreement Anoka County/Assessment Services Contract DATE: March 4, 2008 INTRODUCTION The City of Andover's current contract with Anoka County for assessment services expires January 15, 2008. In an effort to prepare for 2009 assessment services the City of Andover is requested to approve the attached Joint Powers Agreement with Anoka County. DISCUSSION 0 The City of Andover's current contract with Anoka County for assessment services waS last reviewed in December of 2001. At that time, a six year contract was signed with the City having the right to terminate the agreement by providing, at a minimum, two years written notice by certified mail, which notice shall be sent prior to January 2 of any year to terminate assessment services to be performed two years from such date. The earliest the Council could terminate at this point would be for assessment year 2011. The proposed contract (attached) with Anoka County for assessment services is identical to the current contract with the exception of years service is for 2009 to 2013 assessment services and the cost per parcel is increasing. AdministrationlFinance has reviewed neighboring city budgets (Coon Rapids, Fridley and Anoka) that currently have in-house assessing services and have discovered that even with the significant cost per parcel increase the Anoka County Assessoris still a cost effective solution. At this point AdministrationlFinance is recommending that the City of Andover continue using the Anoka County Assessor as the City Assessor and to approve the attached "Joint Powers Agreement Between the City of Andover and the County of Anoka for Assessment of Property" for 2009 to 20013 assessment services. The City will have the right to terminate the agreement by providing, at a minimum, two years written notice by certified mail, which notice shall be sent prior to January 2 of any year to terminate assessment services to be performed two years from 0 0 such date (i.e. to terminate the agreement for assessment services in the year 2011 the party must provide written notice of termination by not later January 2,2009). BUDGET IMP ACT Assessing Services and the parcel count is reviewed annually as part of the budget process. The City is budgeting $122,000 for 2008 and based on the forecasted parcel count would likely need to increase to around $140,000 for the 2009 budget based on the new pricing structure. ACTION REQUESTED The Andover City Council is requested to approve the "Joint Powers Agreement between the City of Andover and the County of Anoka for Assessment of Property" for 2009 to 2013 assessment services. 0 0 . c 0 UN T Y 0 F A N 0 K A DMSION OF PROPERTY RECORDS AND TAXATION GOVERNMENT CENlER . 2100 3RD AVENUE. ANOKA, MN 55303 FAX (763) 323-5421 www,AnokaCounty,us/prop-records-tax . Property Assessment December 28, 2007 . Property Records and Public Service . Property Tax Accoul'Jting and Research City Council City of Andover c/o Jim Dickinson 1685 Crosstown Blvd NW Andover, MN 55304 To the Honorable Council, Accompanying this letter is a new Joint Powers Agreement for Assessment of Property between Anoka County and the City of Andover. The Agreement covers Assessment Years 2009 through 2013, taxes payable 2010 through 2014. The agreement has very few changes with the exception of the per parcel billed rate 0 structure. The current rates have been in place since 2002 and are listed as follows; Improved Residential $10.50/parcel Unimproved Residential $3.s0/parcel ImprovedlUnimproved CommerciallIndustrial $60.00/parcel Improved/Unimproved Apartments $60.00/parcel The new agreement currently has the following base rate structure; Improved Residential $12.50/parcel Unimproved Residential $4.50/parcel ImprovedlUnimproved Commercial/Industrial $80,OO/parcel ImprovedlUnimproved Apartments $80.00/parcel Manufactured Homes $6.00/parcel The line item for Manufactured Homes is new and will affect only those jurisdictions with Manufactured Home Parks within their boundaries. Anoka County has added this charge because of the quantity of units in our county and the difficulty of appraising and administering them. 0 At first blush, the rate increases look large, however, the timeline covered runs from 2002 to 2014 and is reflective of the increase in salaries and benefit costs as well as the cost of automobiles, fuel, equipment, maintenance and training Affirmative Action I Equal Opp rtunity Employer Q) o incurred by Anoka County today and what we expect to deal with in the years to come. Anoka County values our relationship with the City of Andover and hopes that it will continue long into the future. In these trying budget times Anoka County will do whatever it can to continue the high level of service you are used to while trying to hold down costs wherever possible, If you have any questions, please give me a call at 763-323-5499 between the hours of 8 :00 am and 5 :00 pm Monday through Friday, Hoping to be of continued service to you, I remain... ~ . / 0 ~chael R, Sutherland SAMA Anoka County Assessor C @ 0 incurred by Anoka County today and what we expect to deal with in the years to come. Anoka County values our relationship with the City of Andover and hopes that it will continue long into the future. In these trying budget times Anoka County will do whatever it can to continue the high level of service you are used to while trying to hold down costs wherever possible. If you have any questions, please give me a call at 763-323-5499 between the hours of 8 :00 am and 5 :00 pm Monday through Friday. Hoping to be of continued service to you, I remain... 0 ~ ~U_bndS~ Anoka County Assessor 0 @ . . 0 Anoka County .Contract No. JOINT POWERS AGREEMENT BETWEEN THE CITY OF ANDOVER AND COUNTY OF ANOKA FOR ASSESSMENT OF PROPERTY . THIS AGREEMENT is made and entered into this day of , 2008, by and between the City of Andover, 1685 Crosstown Blvd NW, Andover MN 55304, hereinafter referred to as the "Municipality,' and the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County. n WITNESSETH: WHEREAS, pursuant to Minn. Stat. S 273.072, any county and city, lying wholly or partially within the county and constituting a separate assessment district, may, by agreement entered into under Minn. Stat. S 471.59, provide for the assessment of property in the city by the county assessor; and WHEREAS, pursuant to Minn. Stat S 273.03, subd. 2, the agreement may provide for the abolition 'of the office of the city assessor when the assessment of the property within the city is to be 0 made under an agreement by the county assessor; and WHEREAS, it is the wish of the County to cooperate with the Municipality to provide'for a fair and equitable assessment of the property within the Municipality; and WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat. . s 471.59. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed as follows: I. That said Municipality constitutes a separate assessment district which lies wholly within the County and that all property in the geographical boundaries of this district shall be assessed by the County Assessor of the County beginning with the assessment year 2009, provided this Agreement is approved by the Commissioner of Revenue. II. Pursuant to Minn. Stat s 273.072, subd. 2, the office of the city assessor in the M~nicipality shall cease to exist on January 16, 2008, but not before the end of the term of the current city assessor, if serving for a fixed term, or when an earlier vacancy occurs; provided, 0 however, that upon the termination of this. Agreement, the office of city assessor shall be automatically reestablished and shall be filled as provided by applicable law or charter in accordance with Minn, Stat. s 273.072. III. The term of this Agreement shall be from January 16, 2008, through assessment services performed in the year 2013, unless earlier terminated as provided herein. ~ < '" IV. In consideration of said assessment services, the Municipality shall pay to the County 0 an annual payment as follows: 2009 Assessment services payable on or before January 15, 2008 2010 Assessment services payable on or before January 15, 2009 2011 Assessment services payable on or before January 15, 2010 2012 Assessment services payable on or before January 15, 2011 2013 Assessment services payable on or before January 15, 2012 V. For year 2009 assessment services, the Municipality shall pay the County as follows: A. Ten Dollars and 50/100s ($10.50) for each improved parcel of residential, seasonal recreational residential and agricultural type property; B. Sixty Dollars and 00/1 00s($60.00) for each improved and unimproved parcel of commercial, industrial and public utility type of property; C. Sixty Dollars and 00/1 ODs ($60.00) for each improved and unimproved parcel of apartment and mobile home park type property; D. Three Dollars and 50/1 ODs ($3.50) for each unimproved parcel of residential, seasonal recreational residential and agricultural type property; and VI. For year 201 O.assessment services, the Municipality shall pay the County as follows: 0 A. Twelve Dollars and 50/100s ($12.50) for each improved parcel of residential, seasonal recreational residential and agricultural type property; B. Four Dollars and 50/1 ODs ($4.50) for each unimproved parcel of residential, seasonal recreational residential and agricultural type property; C. Eighty Dollars and 00/100s ($80.00) for each improved and unimproved parcel of commercial, industrial and public utility type of property; D. Eighty Dollars and 00/100s ($80.00) for each improved and unimproved parcel of apartment and mobile home park type property; and E. Six Dollars and 00/100s ($6.00) for each manufactured home. The same procedure shall be used, as described above, in the computation of the assessment payments due in 2011 through 2013, provided, however, that the cost for each type of parcel shall be increased according to the County Assessor's increase in operating costs, cost of living and merit adjustments established by the Anoka County Board of Commissioners for January 1 to December 31 in the year prior to the date of the assessment. 0 -2- @ 0 IV. In consideration of said assessment services, the Municipality shall pay to the County an annual payment as follows: 2009 Assessment services payable on or before January 1S, 2008 2010 Assessment services payable on or before January 1S, 2009 2011 Assessment services payable on or before January 1S, 2010 2012 Assessment services payable on or before J~nuary 1S, 2011 2013 Assessment services payable on or before January 1S, 2012 V. For year 2009 assessment services, the Municipality shall pay the County as follows: A. Ten Dollars and sonoOs ($10.50) for each improved parcel of residential, seasonal recreational residential and agricultural type property; B. Sixty. Dollars and 00/1 OOs ($60.00) for each improved and unimproved parcel of commercial, industrial and public utility type of property; C. Sixty Dollars and 00/1 OOs ($60.00) for each improved and unimproved parcel of apartment and mobile home park type property; D. Three Dollars and 50/100s ($3.50) for each unimproved parcel of residential, 0 seasonal recreational residential and agricultural type property; and VI. For year 201 O.assessment services, the Municipality shall pay the County as follows: A. Twelve Dollars and SO/1 oos ($12;SO) for each improved parcel of residential, seasonal recreational residential and agricultural type property; B. Four Dollars and 50/1 ODs ($4.50) for each unimproved parcel of residential, seasonal recreational residential and agricultural type property; C. Eighty Dollars and 00/1 OOs ($80.00) for each improved and unimproved parcel of commercial, industrial and public utility type of property; D. Eighty Dollars and 00/1 DOs ($80.00) for each improved and unimproved parcel of apartment and mobile home park type property; and E. ' Six Dollars and 00/1 OOs ($6.00) for each manufactured home. The same procedure shall be used, as described above, in the computation of the assessment payments due in 2011 through 2013, provided, however, that the cost for each type of parcel shall be increased according to the County Assessor's increase in operating costs, cost of living and merit adjustments established by the Anoka County Board of Commissioners for January 0 1 to December 31 in the year prior to the date of the assessment -2- @ . , 0 VII. Notwithstanding Section III. above, the County and/or Municipality shall have the right to terminate t!1is Agreement by providing, at a minimum, two years written notice by certified mail, which notice shall be sent prior to January 2 of any year to terminate assessment services to be periormed two years from such date (Le. to terminate this Agreement for assessment services in the year 2010, the party must provide written notice of termination by not later than January 2, 2008). IN WITNESS WHEREOF, the parties have hereunder set their hands on the dates written below. COUNTY OF ANOKA CITY OF ANDOVER By: By: Dennis D. Berg, Chair Mike Gamache County Board of Commissioners Mayor Dated: Dated: ATTEST 0 By: By: Terry L. Johnson County Administrator Title: Dated: Dated: APPROVED AS TO FORM By: By: Dan Klint Assistant County Attorney Title: Dated: Dated: The above Agreement is hereby approved by the Commissioner of Revenue this day of , By: Minnesota Commissioner Of Revenue 1:\CIVIDK\CONTRAC1i2007\Assessment-JP A \andover-assess jpa,doc 0 -3- d) (j) 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755.5100 FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members ~ CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Wayside Horn Agreement for Crosstown Blvd. NW/BNSF/07-40- Engineering DATE: March 4, 2008 INTRODUCTION The City Council is requested to approve the Wayside Horn Agreement for Crosstown Boulevard NW with Burlington Northern/Sante Fe (BNSF), Project 07-40. 0 DISCUSSION The City Council is requested to approve the attached Wayside Horn Agreement with BNSF so that the construction of the horn can move forward. The agreement is identical as the agreement that was approved by the City Council for the horn installation at Andover Boulevard NW. ACTION REOUIRED The City Council is requested to approve the Wayside Horn Agreement for Crosstown Boulevard NW with Burlington Northern/Sante Fe (BNSF), Project 07-40. Respectfully submitted, Q~o.~ David D. Berkowitz ./ Attachments: Wayside Horn Agreement for Crosstown Boulevard NW cc: Lynn Leibfried, BNSF 0 0 WAYSIDE BORN AGREEMENT TIllS WAYSIDE HORN AGREEMENT (hereinafter called, this "Agreement"), is entered into effective as of .200-, by and between BNSF Railway Company, a Delaware Corporation (hereinafter called, "BNSF'), and the City of Andover, Minnesota, a municipal corporation, (hereinafter called, the "Agency"). WITNESSETH WHEREAS, BNSF has grade crossing warning devices located at Crosstown Boulevard, LS 28, MP 129,65, DOT# 061580K, 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 warning devices shown on Exhibit "A" subject to the mutual covenants contained in this Agreement; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. PURPOSE The purpose of this Agreement is as follows: provide for the ownership, installation and maintenance by 0 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 must provide BNSF in writing with the total preempt cycle time required from the start of the preempt cycle of Wayside Horn until the arrival of the train at the highway-rail 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 Horn System control signals to the contact terminals in the interface box including all necessary cable and conduit. e. BNSF will proVide flagging services, at Agency's sole expense, necessary to protect BNSF train operations or BNSF property as set forth in more detail on Exhibit "c" attached to and made a part of this Agreement. f. The Agency or its contractor must install the new Wayside Horn System. g. An estimate of the actual costs for BNSF work (excluding flagging, which will depend upon 0 contractor's activities) is shown on ExhIbit "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, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth on ExhIbit B. If the cost estimates are revised, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item Form 0109 Rev 09/28/06 of work incidental to the items listed on Exhibit B not specifically mentioned therein may be included as a part of this Agreement upon written approval of the Agency, which approval will not be unreasonably withheld. ~ h. The Agency must pay BNSF for the actual costs of any work performed by BNSF under this low Agreement within thirty (30) days of the date of the invoice for such work, including flagging costs. During the construction of the . improvements, BNSF may send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Upon completion of the improvements and all associated work, BNSF will send Agency a detailed invoice of final costs including flagging costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit B. Agency must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past our credit terms, The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. 3. CONSTRUCTION AND MAINTENANCE a, BNSF will operate and maintain, at its expense, the necessary relays and the other materials required to preempt the Wayside Horu System with the grade crossing warning devices, b. BNSF will operate and maintain, at its expense, the grade crossing warning devices up to the contact terminals in the interface box. c. The Agency or its contractor must, at the Agency's expense, install the Way-Side Horn System up to and including connection to the contact terminals in the interface box including all 0 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 flagging or regulatory compliance expense related to a failure of the Agency's systems or equipment, Agency agrees to reimburse Railroad for the full amounts 0 expended. Form 0109 Rev 09128/06 4. PROTECTION OF UNDERGROUND SYSTEMS a. Agency and its contractor is placed on notice that fiber optic, communication and other cable 0 lines and systems (collectively, the "Lines") owned by various telecommunications or utility companies may be buried on BNSF's property or right-of-way. The Agency or its contractor must contact appropriate personnel to have the Lines located and make arrangements with the owner of the Lines regarding protective measures that must be followed prior to the commencement of any work on BNSF's property. The Agency or its contractor will be responsible for contacting BNSF's Engineering Representative (Manager Public Projects, 763.782.3492), BNSF's Signal Representative (Signal Supervisor, 763.782.3230), and the telecommunications or utility companies and notifYing them of any work that may damage these Lines or facilities and/or interfere with their service. The Agency or its contractor must also mark all Lines in order to verify their locations. Agency or its contractor must also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. b. Failure to mark or identifY Lines will be sufficient cause for BNSF to stop construction at no cost to BNSF until these items are completed. c. In addition to the liability terms contained elsewhere in this Agreement and to the fullest extent provided by law, Agency and its contractor hereby indemnifY, defend and hold harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Agency or its contractor, subcontractors, agents and/or employees that cause or in any way or degree contribute to: (1) any damage to or destruction of any Lines on BNSF's property or within BNSF's right-of-way; (2) any injury to or death of any person employed by or on behalf of (a) any telecommunications or utility company, (b) Agency's contractor or subcontractors, or (c) Agency, and (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunications or utility 0 company(ies).TBE 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 ofits 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. 0 b, To the fullest extent permitted' by law, Agency hereby releases, indemnifies, defends and holds harmless BNSF and BNSF's affiliated 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 09/28/06 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. THE LL\BILITY ASSUMED BY THE l.CENCY IN THIS PROVISION WILL NOT BE AFFECTED BY 0 THE F:\CT, IF IT IS A Fl.CT, THl.T THE DESTRUCTION, DAMACE, DEl.TH OR INJURY W l.S OCCASIONED BY OR CONTRIBUTED TO BY THE NECLlCENCE OF Rl.ILROAD, ITS !.CENTS, SERV A."iTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIlVIS ARE PROXIM..\TELY CmSED BY THE CROSS NECLICENCE OR INTENTlON,A.L MISCONDUCT OF BNSF. c. The Agency further agrees, at its expense, in the name and on behalf ofBNSF, that it will adjust and settle any 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. AGENCYCONTRACTORREQUrnEMENTS a. While on or about BNSF property, Agency and its contractors must fully comply with BNSF's "Contractor Requirements" set forth in Exhibit "c" attached to and made a part of this Agreement. The "Contractor Requirements" include clearance requirements and personal protective equipment requirements. Agency and its contractors will be responsible for becoming familiar with BNSF's "Contractor Requirements". Prior to entering BNSF property, Agency's Contractor must execute Exhibit C-I attached to and made a part of this Agreement. 0 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, subcontractors, agents or invitees completes the BNSF Contractor Safety Orientation before any work is performed under this Agreement. Additionally, Agency must ensure that each and every contractor, employee, subcontractor, agent or invitee possesses a card certifying completion of the BNSF Contractor Safety Orientation prior to entering BNSF property. Agency must renew the BNSF Contractor Safety Orientation annually. c. Prior to entering BNSF property, Agency or its contractors must prepare and implement a safety action plan acceptable to BSNF. Agency must audit compliance with the plan during the course of Agency's work. A copy of the plan and audit results must be kept at the work site and will be available for inspection by BNSF at all reasonable times. 7, INSURANCE Agency and/or its contractor must, at Agency and contractor's sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: a. Commercial General Liability insurance. This insurance must contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limited to the following: . Bodily Injury and Property Damage . Personal Injury and Advertising Injury 0 . Fire legal liability . Products and completed operations Form 0 I 09 Rev 09/28/06 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 0 payments related to the Federal Employers Liability Act or a Railroad Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law, . The definition of insured contract must be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property, . Any exclusions related to the explosion, collapse and underground hazards must be removed. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy, b. Business Automobile Insurance. This insurance must contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: . Bodily injury and property damage . Any and all vehicles owned, used or hired c. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: . Statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. . Employers' Liability (part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee, d. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage 0 of at least $2,000,000 per occurrence and $6,000,000 in the aggregate, The policy must be issued on a standard ISO form CG 00 35 1093 and include the following: . Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 3 I 10 93) . Endorsed to include the Limited Seepage and Pollution Endorsement. . Endorsed to remove any exclusion for punitive damages. . No other endorsements restricting coverage may be added. . The original policy must be provided to the Railroad prior to performing any work or services under this Agreement 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-contnbuting with respect to any insurance carried by Railroad, The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) must include a severability of interest endorsement and Railroad must be named as an additional insured with respect to work performed under this agreement. Severability of 0 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 Fonn 0 I 09 Rev 09/28/06 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 0 insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) must contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration, This cancellation provision must be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate original of any required policy must be furnished, BNSF RISK MANAGEMENT 2500 Lou Menk Drive AOB-l 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 VIl or better, and authorized to do business in the state(s) in which the service is to be provided. Railroad acknowledges Agency is insured through IRMA. Agency represents that this Agreement has been thoroughly reviewed by Agency's insurance agent(s)/broker(s), who have been instructed by Agency to procure the insurance coverage required by this Agreement, Allocated Loss Expense must be in addition to all policy limits for coverages referenced above. If any portion of the operation is to be subcontracted by Agency, Agency must require that the subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional insured, and requiring that the subcontractor release, defend and indemnify 0 Railroad to the same extent and under the 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 obligations 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. 0 Form 0109 Rev 09/28/06 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and 0 year first above written. BNSF RAILWAY COMPANY By: Printed Name; Lvnn Leibfried Title: Manager Public Proiects CITY OF ANDOVER By: Printed Name: Mike Gamache Title: Mavor 0 By: Printed Name: Vicki Volk Title: City Clerk By: Printed Name: Jim Dickinson Title: City Administrator 0 Form 0109 Rev 09/28/06 LAW DEPARTMENT APPROVED 0 EXHIBIT "e" CONTRACTOR REQillREMENTS 1.01 General 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of the Wavside Horn Svstem at Crosstown Boulevard at-grade crossing, 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-l" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain :ill full force and effect the insurance called for under Section 3 of said Exhibit "C-l". 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease it: in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous 0 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 1 Y, horizontal to 1 vertical slope beginning at eleven (11) feet' from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of ' falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans, 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner, The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 0 1.02 Contractor Safety Orientation 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without 0 first having completed Railway's Engineering 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 Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. 1.03.02 The Contractor must notify the Railway's Manager Public Projects at 763.782.3492 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. 1.03.03 The Contractor must abide by the following temporary clearances during construction: 15' Horizontally from centerline of nearest track 21'-6" Vertically above top of rail 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts 30'-0" Vertically above top ofrail for electric wires carrying 15,000 volts to 20,000 volts 0 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts 1.03.04 Upon completion of construction, the following clearances shall be maintained: 25' Horizontally from centerline of nearest track 23' -3 y," Vertically above top of rail 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the State of Minnesota and must not be undertaken until approved in writing by the Railway, and until the State of Minnesota has obtained any necessary authorization from the State Regulatory Authority for the infringement, No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell-tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell-tales or protective devices will be 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. 0 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. 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. 0 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees, This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.eontractororientation.eom, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. 1.05 Protection of Railway Facilities and Railway Flagger Services: 1.05.01 The Contractor must give Railway's Roadmaster (telephone 218.384.4340) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position 0 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 work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25- feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: 1.05.02a When in the opinion of the Railway's Representative it is necessary to safeguard Railway's Property, employees, trains, engines and facilities. 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. 1.05.02e When work in any way interferes with the safe operation of trains at timetable speeds. 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. 1.05.03 Flagging services will be performed by qualified Railway flaggers. 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. 0 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. 1.05.03e The cost of flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be borne by the Citv 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 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 0 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 a timetable speed of nla MPH, 1.06 Contractor General Safety Requirements 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway f1agger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet ofthe center line oftrack. 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 0 employees must be present at all times. 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project, Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452, Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be,posted at the job site. 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property, 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.contractororientation.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes, above-the-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 relating to hi-visability work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE - Should there be a discreDancv between the information contained on the web site and the information in this Daral!:raDh. the web site wiIIl!:overn.) 0 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 approaching the crossing. Prior to beginning work, the Contractor must establish a storage area with concurrence of the Railroad's representative. 0 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, a minimum clearance of 45 feet must be maintained. A person must be desiguated 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 mGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. 0 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 substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release, 1.09 Personal Injury Reporting 0 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non-Employee Personal Injury Data Collection 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. 0 0 0 NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD 0 BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSffiILITY OR LIABILITY. L Accident CitylSt 2. Date: Time; County; 3. Temperature; 4. Weather (if non-Railway location) 5. Social Security # 6. Name (last, first, mi) 7, Address; Street: City: St._Zip; 8, Date of Birth: and/or Age Gender; (if available) 9. (a) Injlll)': (b) Body Part; (Le. (a) Laceration (b) Hand) I L Description of Accident (To include location, action, result, etc.); 0 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) 352-7595 AND COPY TO RAILWAY ROADMASTER FAX 0 LAW DEPARTMENT APPROVED 0 EXHIBIT lie-I" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR BNSF RAILWAY COMPANY Attention: Manager Public Projects 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; Wavside Horn Svstem at the Crosstown Boulevard at-grade crossing. Performance of such work will necessarily require contractor to enter BNSF RAIL WAY COMPANY ("Railway") right of way and property ("Railway Property"). The Contract provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for the City of Andover (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must 0 furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAIMED. Nothing in this agreement is intended to be construed as a requirement for the indemnification against the sole negligence of the Railway, its officers, employees or agents for any work relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of: any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith, 0 performed in the State of Washington, Indemnification against liability for damages arising out of bodily injury to persons or damage to property for any work relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, 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 0 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 oflaw 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 hereund.er, Section 3. INSURANCE Contractor must, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: 0 A. Commercial General Liability insurance. This insurance must contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limit to the following: . Bodily Injury and Property Damage . Personal Injury and Advertising Injury . Fire legal liability . Products and completed operations This policy must also contain the following endorsements, which must be indicated on the certificate of insurance: . It is agreed that any workers' compensation exclusion does not apply to 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 0 C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: . Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway, . Employers' Liability (part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. D. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at 0 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 further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under contractor's care, custody or control. Contractor's insurance policies through policy endorsement, must include wording which states that the policy is primary and non-contributing with respect to any insurance carried by Railroad. The certificate of insurance must reflect that the above wording is included in evidenced policies. 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 0 performed under this agreement. Severability of interest and naming Railroad as additional insured must be indicated on the certificate of insurance. Contractor is not allowed to self-insure without the prior written consent of Railroad. If granted by Railroad, any deductible, self-insured retention or other financial responsibility for claims must be covered directly by contractor in lieu of insurance. Any and all Railroad liabilities that wonld otherwise, in accordance with the provisions of this Agreement, be covered by contractor's insurance will be covered as if contractor elected not to include a deductible, self-insured retention 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 Railroad, a certified duplicate original of any required policy must be furnished. Contractor should send the certificate(s) to the following address: BNSF RISK MANAGEMENT 2500 Lou Menk Drive AOB-l 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. Contractor represents that this Agreement has been thoroughly reviewed by contractor's insurance 0 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. Not more frequently than once every five years, Railroad may reasonably modifY the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry, 0 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. EXIllBIT "C" CONTRACTOR REQUlREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit "C" attached to the Contract and" this Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 5. TRAIN DELAY 0 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, contractua1 loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay, For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period, Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, 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 must give Railway's representative (218.384.4340, Roadmaster) two (2) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish 0 mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. 'Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all 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, 0 which, upon execution by Railway, will constitute an Agreement between us. (Contractor) BNSF Railway Company By: By: Printed Name: Name: Title: Manager Public Projects Contact Person: Accepted and effective this _day of20 . Address: City: State:_Zip:_ Fax: Phone: E-mail: 0 0 (j) 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US To: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: Will Neumeister, Community Development Director t:oci- SUBJECT: Discuss Comprehensive Plan Update/Sewer Staging - Planning DATE: March 4, 2008 INTRODUCTION The issue of sewer staging was discussed in depth at the Council workshop on February 26, 2008. The Council directed the final discussion on the sewer staging plans be brought to the next regular Council meeting for official action. DISCUSSION The focus of this report is the individual property owners and whether their timing should be changed in the sewer staging plan. 0 The area that requested changes the Council wanted to discuss further came from Mr. Day and Mr. Smith. They would like the Council to consider moving their land into a 2005-2010 sewer stage. As was discussed at the workshop meeting, they could get sewer from the sewer lines that exist south of Andover Boulevard. The Council needs to discuss this and determine whether they support changing the sewer staging for these properties or whether it would be prudent to leave it in the staging time frame that had been previously recommended. If changes are made by the Council, City staff will make the changes to the Comprehensive Plan Update before it is sent out to the surrounding jurisdictions. ACTION REOUESTED Council is requested to provide direction on the requested changes to the sewer staging plan for the individual properties described above and shown on the attached drawings. Respectfully Submitted, ~ Will Neumeister Attachments: Map of Area; Letters from Mr. Day and Mr. Smith Cc: Bob Day, TMH Development, 3200 Main Street (Suite 280), Coon Rapids, MN 55448 Mike Smith, 4834 Greenhaven Drive, St. Paul, MN 55127 0 ~b~ Properties requesting sewer service from south of Andov.(, . I t d Boulevard and a change of Sewer Stage from 2020-2025 to ncorpora e 2005-2010 1974 . ~\ 15357 /f:i~~\. y ~ J ~ ~ ! ~ \ 15333 ." '/ " .""'" \ ,_ ,.;J> ,; ,#, ~ \ 1S313 15314 15303 ~ \\ ~ '''''' ..9 21' 18. 14. .01 59 2!5 \ \ '-=-=::~ - .: ~ : ~14~' ~ '4920 14921 14920 ~~ - 8B5 14870 785 72S eas 845 148$ 148S0 14833 148Sl , 14835 14828 14826 14827 14826 Q30 lI80 1410 14815 . 1::! Prairie 14800 1474S 14800 14801 14810 14755 14750 S Knoll Park - - - 59!5 '4732 14733 14732 14744 14717 14701 '14700 \4-! 14704 95 - ~w ~ ::-- L.. 14704 l21 ...... lE - 14655 B85 m w 330 f"l - 1//. l!;....., 300 250 '" ~I'''I" . I ~ ~ - r-'---r--" ~ ~ ... "'" ~ 1"- ~ ~ ~ il ... 10 I. 41! 425 :sr.i 325 27!i ~ ! e s 3rt I 14540 14545 "' . ~ 'ER BLVD ANOOVER BLVO ] ... I j il . "'" 74 I ~~_~~~ ~ : i! : ,. , !!!oo"-Q ~ ~ 144" ~-;;..~ "< I/; 0...... i m .4415 ~~ -!~~ <;"CA 143.. 14393 ~ I i ~ i ~ ll' ~ ~ ~~ 2M .- ~ ~M~ UJ,lli~~~~ 14370 '" 308 ...~^~\~7 ~ I~I"'" .- 143211 . %/1~1>:L1..:1. s~1 "'-" - . . SUBJECT PROPERTY L . N' -~';i- Location Mal I . . 0 January 9,2008 RECEiVED ..' . A 2nns t'r: i"+ \..) Honorable Mayor and Council City of Andover CITY OF ANDOVER 1685 Crosstown Blvd Andover, MN 55304 Dear Honorable Mayor and Council, Please consider and accept my request and petition to have my 34.81 +/- acres served by city utilities including sewer, water, and storm sewer. The legal description is as follows, That prt of N % Of Sec 25 T32 R24 Lyg Wly of Blk 2 Smiths Rolling Oaks, Nly of 146th Ln NW & Ely of Prairie Rd; Ex N 0 321.44 Ft Thereof; Also Ex Rds; Subj To Ease Of Rec and the PID is 253224210004. Please place my property in the sewer/MUSA future land use plan for the 2005-2010 time frame. Thank you for your valued time and consideration. Sincerely, -Mili ~ Mike Smith Landowner 4834 Greenhaven Drive St. Paul, MN 55127 651-334-6381 0 -is:' 0 Dec 11 07 04:16p Building Sites, Inc. 763-323-9704 p.2 TMH Development, IDC- 0 3200 Main Street Suitc.,;.l~ Coon Rap:ds. MN 55448 Phone 763-576-0083 Fax 763-323-9704 2BD December 11,2~O7 Planning Commission City of Andover ]685 Crosstown Blvd, N.W. Andover, MN 55304 Re: 2008 Comprehensive Plan Dear Planning and 7.oning Commission members, We are unable to attend the public forum regarding the 2008 Comprehensive Plan tonight. As landovvners of 13 acres located at 1486 I Prairie Road (PID 25-32.24-21-0002), we would like to have some input. Our parcel is located approximately 900 feet from the Misener property which is scheduled for utilities within the next five years. 0 (twould seem more appropriate and orderly to bring utilities to .our property from the south as opposed to having it come from the north. Respectfully, .~ .. (..; .--- -.>6'- . '--' ~im . 'ormier (j) C I T Y o F 0 NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule EDA meeting DATE: March 4, 2008 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the March 18, 2008 City Council meeting. DISCUSSION 0 Tentative agenda items for an EDA meeting have been identified as follows: 1. Architectural Review - Daycare Facility 2. Update on Area Identification Signs 3. Bunker Lake Boulevard Median Update 4. Redevelopment Opportunities Update 5. Letter of Intent Review and Purchase Agreement Updates 6. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the March 18,2008 City Council meeting. 0 @ 0 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: March 4, 2008 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on Public Improvement Projects 0 4. Meeting reminders 5. Legislative Topics 6. Open Space Referendum Activities 7. 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. - ,- 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Items for March 4, 2008 City Council Meeting DATE: March 4, 2008 The City Council is requested to receive the following supplemental information. Item #1. Approval of Minutes (2/19108 Regular Meeting) (Supplemental) Consent Items Item #3. Award Bidl07 -48/Tower #2/Painting & Rehabilitation (Supplemental) - Engineering Item #4. Award Bidl08-4!2008 Seal Coating (Supplemental) - Engineering .- - C I T Y o F Q) NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes - Supplemental DATE: February 19,2008 DISCUSSION Councilmember Trude would like the minutes corrected as shown on the attachment. Respectfully submitted, tL~' {),.d Vicki V olk City Clerk Attach: Correction to minutes @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVE~~ ./ Julie would like the following changes made to the February 19th Council minutes: Page 7 - Line 13 should read: Councilmember Trude thought they should delete monopole in the section listing "anetnna or monopole" because a monopole is one type of antenna. Page 7 - Line 22, Motion by Jacobson, seconded by Knight to approve the proposed Code Amendment with the changes discussed. Page 9 - Line 7 should read "Motion by Orttel, seconded by Trude to amend the city code to state: No glass beverage containers will be allowed in any designated city park or park or recreation facility." Motion carried 4 ayes, I nay (Jacobson). (Ord. 365) RElmove the motion that starts on line 10. 3/4/2008 Mayor and Council Members March 4, 2008 Page 2 012 ACTION REQUIRED The City Council is requested to approve the resolution accepting bids and awarding the contract to TMI Coatings Inc. in the amount of $519,400.00 (Alternate A) for painting and rehabilitation for Tower #2, Project 07-48. Respectfully submitted, rO~0- i David D. Berkowitz ~/ ./ Attachments: Resolution & Bid Tab CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING THE ALTERNATE A PRICE AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 07-48 FOR TOWER #2. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 010-08 ,dated February 6, 2008, bids were received, opened and tabulated according to law with results as follows: Contractor Total Base Total Alternate A Total Alternate B TMI Coatings Inc. $569,400.00 $519,400.00 $529,400.00 MK Painting Inc. *$587,000.00 *$587,000.00 *$637,000.00 Leadcon Inc. No Bid $603,993.00 $633,993.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate TMI Coatinqs Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with TMI Coatinqs Inc. in the amount of $519.400.00 (Alternate A) for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a reqular meeting this 4th day of March , 2008 , with Council members voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk B~~~~~~~a~aaaa~ a~~:!; ~. "t:8gggggg~~~s<ggg. gig~ CD CJl 0..0000000(\110(\/<:1000 0000 ~ ~ ~N~~':!f--~r.O(f)-N-fff~g~Na6~ g~gri a.. ~ I- ~ C'? """ -,..-..... e Bg~~88~88~~~~~ ~ "t:ciggg~gg~~~ggg 5 a..go.q O.C!.C'{Ul<'!.qqo. 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'2 0 ~ ~:2 ~ Ol~~~;tCi sengi Cl ~ g I ~ ~"CI ::: gs~;g ~.~.g.gli'~1:C:: 0 Is ~ "'~i~~ ~~~~S~8~~Jj!j~~ ~ ~ ! ~ ~ ~ 1,5 . =~ ~ 16 ~:i .. ~ !1O 10 :c m~ci.s E""N~~Lt)<O~COo)~~~~ mE E ~ ~:r: > > z CG Q) ==,s S [i ~.,~ .g .g :t ~ == ~ ~ ~ t: ""'I",ccw_ _,... ,... 0 <<mID mee a:l ~ @ 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 ofPubh FROM: . Jason 1. Law, Assistant City Engineer SUBJECT: Award Bid/08-4/2008 Sealing Coating (Supplemental) - Engineering DATE: March 4, 2008 INTRODUCTION The City Council is requested to receive bids and award the contract for Project 08-4 to Allied Blacktop Company for the 2008 Seal Coating Program. DISCUSSION The street seal coating program is an effective and cost efficient means to prolong the life of the City's street infrastructure. The seal coat program has been administered for ten plus years and is one tool currently utilized to protect and prolong our roadway infrastructure. The City of Coon Rapids opened bids for the project on Friday, February 29,2008. Coon Rapids will administer the project through the previously approved Joint Powers Agreement. The project was bid as one large project, which included many different components such as seal coating, crack sealing, street sweeping and pavement markings. The Cities included in the program are Andover, Brooklyn Center, Columbia Heights, Coon Rapids, East Bethel, Fridley and Ham Lake. Andover's portion of the project was for seal coat only. The final bid results for Andover are as follows: Contractor Andover's Portion Allied Blacktop Company $539,384.00 Astech Surface Tech. $609,232.00 Pearson Brothers $719,042.00 Engineer's Estimate $601,803.00 BUDGET IMPACT The 2008 Seal Coat project has been identified in the City's Capital Improvement Plan. Funding for this project will be from the Seal Coat portion of the Road & Bridge Fund and the Construction Seal Coat Fund. Mayor and Council Members March 4, 2008 Page 20f2 ACTION REOUIRED The City Council is requested to approve the resolution accepting bids and awarding Andover's portion of the contract to Allied Blacktop in the amount of$539,384,OO for Project 08-4, 2008 Seal Coating. Respectfully submitted, H~ Jason 1. Law ./ ./ Attachments: City of Andover Bid Tab & Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 08-04 FOR 2008 SEAL COATING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 169-07, dated December 18, 2007, bids were received, opened and tabulated according to law with results as follows: Allied Blacktop Company $539,384.00 Astech Surface Tech. $609,232.00 Pearson Brothers $719,042.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Allied Blacktop Company as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Allied Blacktop Company in the amount of $ 539,384.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a reqular meeting this 4th day of March , 2008 , with Council members voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk 0000 00 0000 00 l!!-roNNN l!!-Oc::l G)mLOT"""I'-~ CDm.q-~ .c 15 (J)~ l': ('i)~ ct .c 15 N.. C"i el-~~~~ eJ-~~ CD ~~tR-~ m ~~ SQJ<Dcom Sma l!! .2 OC! C! ~ l!! .2 OC! "o..~OC\lC'\l C'lSo..~o G) W' tf7 Eft CD (f7 o.~ o.:g =:> =:> 0000 00 0000 00 C1) _r...:uiON CD _men f.)cn19~;ga;~ UU)19ffi:g .l!! ell 0 - - - _ .l!! ell 0 _ _ a..'c,I-T"""NLOO'> L.,'6>>!-T""""f"'" :::10 O)(J)NO :::10 (OeD (/)'0 l2<;><17~ (/)'0 l2!2 :!::c:: :!:c ........- ~'5~~:2~ .!"fi~~ c. CD 'C ci T""" ~ a. Q) ';:: c:i ~~~tR-(f7tR- ~1-~(f7 <:: <:: =:> =:> 0000 DO 0000 00 a>..oo~ NN __cor---VClQ ....._men ol9~co~~f't oSO>..Gt :t=~ID~~~ :t=~~~ (.) 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'- ~O 0 g(l)o.. ~ ~(ij 0 ~NN ~ '-cD ~ Nchch N lD (I) .- <l: ~ ~ <l: ;~ 8 lJ..00 lJ.. >0.. --- - ON ~ camm S "C """ OJ c en 1;) en c m ~9 ~ ~~~~ S ~~ .... ~ g ~ -55 -5j ~ ~ .g. ~ o 0'-'-'-- L. 0'-- ~c..: en en E E E S senE S ._.32 Q):J:J:JO _ Q)::JO 00 (!J 0lJ..lJ..lJ..f- <I: 0lJ..f- March 4, 2008 Mike Gamache, Mayor Don Jacobson, Council Member Mike Knight " Ken Orttel " Julie Trude " City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Re: Agenda item # 9 tonights city council meeting - comprehensive plan up date/sewer staging. At the public hearing held by the Andover Planning and Zoning Commission on January 22, 2008, both Mr. Day, Mr. Smith and ourselves submitted letters requesting the sewer staging for our property in the 2008 comprehensive plan MUSA area east of Prairie Road be changed to the 2005-2010 time frame. Because this was a public hearing. there was no requirement to submit our request as a seperate item as Mr. Day and Mr. Smith did. At this January 22, 2008 Planning and Zoning Commission meeting, the commissioners passed a motion to recommend to the city council to consider changing shading of both parts of Prairie Road to be simular in timeline of 201()...2015 and to keep the method of service open. Thus the P & Z Commission recomended the same timeline for our property as for Mr. Days and Mr. Smiths property. This makes sense because their property and our property adjoin one another. Therefore, we respectfully request that if the city council changes the Day and Smith properties to the 2005-2010 or the 2010-2015 time frame, that they also change our property to the same time frame. To not do this would be arbitrary and create piece meal development. As several city council members have said, the city needs to look at the "big picture" for development in this part of eastern Andover to avoid piece meal development. We ask that this letter of ours be read into and made part of the minutes for tonights city council meeting. Thank you. Sincerely, ~ &t:i- Winslow & Corinne Holasek Copies to: Jim Dickinson, Andover City Admininstrator Will Neumeister, Community Development Director Courtney Bednarz, City Planner Dave Berkowitz, City Engineer Andover Planning & Zoning Members J\sPN10 :#0- q \' t- L 2-' Another OPtio~O OJ CO I 1'Jy 1 ' . / V\\ fVI~(1A b) \} t-V\ I /,' ~ ___ ( ,/1 I'~ rl\!- L 7~ =ml- = ~w - F 1- LI \... _ r-; _ I-II.,. 'IIIIIII~~ I=:::J ~ !~lt;I' ".' .........'. L/ I 11~---cC~~ ~iiq~'i... it ,J ~ X xl ;:;.'~ 1<........k.iCU:..i:(M,c,.,.................... .' (aJ\~' //; j I I I I IITrL I 'C.'it.,';,";'" , ~~ J I I II III', ~.;;. "".11\ v.'......,..., 'i c, ~';"/;l:';:i'l~~\'" - I '----..J /:k,:'" ~, I. \ \V' 1<'"... -, ~/I ); , ['~"i~ D. .".,,'i rr'- ~ i~' ~ ". ' , ,,~<"\ ,.,'," ',',', ,,\.., ,-/ ~ :\2:\ \< \,,1'" ",' "'( -, .',. , f---- r o G~ " *' - ' he'. '.' 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