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Home My WebLink AboutCC April 1, 2003 CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,C1.ANDOVER,MN,US ,- , , -./ Regular City Council Meeting - Tuesday, April 1, 2003 Call to Order - Following Special City Council Workshop Scheduled for 6:00 p.m. Pledge of Allegiance Resident Forum a, Citizen Request/Oak Wilt Reimbursement - Engineering Agenda Approval 1. a. Approval of Minutes (3-18-03 Regular; 3-19-03 Special) b, Recognition/Anoka High School Hockey Program - Administration c. Presentation/Connexus Energy - Fire Consent Items 2. Approve Payment of Claims - Finance 3. Sunshine Park Concession Contract - Finance 4, Authorize Street Department 2003 ClP Expenditure - Finance 5, Approve Plans & Specs/Order Advertisement for Bids/02-43/Sunshine Park Soccer Field Lighting- Engineering 6. Approve Plans & Specs/Order Advertisement for Bids/03-6/2003 Overlays - Engineering 7. Approve Plans & Specs/Order Advertisement for Bids/03-3/2003 Crack Sealing - Engineering 8, Approve Plans & Specs/Order Advertisement for Bids/03-4/2003 Seal Coating - Engineering 9. Approve Plans & Specs/Order Advertisement for Bids/02-49/Woodland Estates 4th Addition- Engineering f) 10. Accept Petition/Order Feasibility Report/03-14/13752 Round Lake Blvd, NW/WM - Engineering 11, Accept Petition/Order Feasibility Report/03-16/16060 Crosstown Blvd, NW/SS & WM - Engineering "----' 12. Update/Resident Request/02-44/Marystone Boulevard/Roanoke Street Improvements, Continued- Engineering 13. Approve Final Plat/Shady Oak Cove - Planning 14. Approve Final Plat/Maple Hollow - Planning 15. Approve Final Plat/W oodland Estates 4th Addition - Planning 16, Approve 3.2 Percent Malt Liquor License/Woodland Creek Golf Course - Clerk 17. Approve Raffle Permit/Andover Center Ice Club - Clerk 17a, Accept FireWise Grant - Engineering Discussion Items 18. Hold Public Hearing/02-16/Quickstrom Addition, Continued - Engineering 19. Public Hearing/V acation of Drainage and Utility Easement/3934 146th Lane NW, Continued - Planning 20, Consider Lot Split/16034 Crosstown Boulevard..., Planning 21. Discuss Request/03-2/W oodland Creek Golf Villas - Engineering 22. Letter of Credit Reduction/Development Improvements/Hamilton Square - Finance 23, Gambling Premises Permit/Andover Lions - Clerk Staff Item 24. Schedule EDA Board Meeting - Administration' 25. Approve Professional Service Agreement/Community Center Project - Administration 26, Review CDBG Rental Housing Rehabilitation Program - Planning 27, Consider Results ofIntersection Study/Stop Signs at 139th Avenue & Quinn Street - Engineering 28. Consider Results of Intersection Study/Stop Signs at 1 74th Lane & Bittersweet Street - Engineering 29, Consider Results of Intersection Study/Stop Signs at Station Parkway & Thrush Street - Engineering '0_/ Mayor/Council Input Adjournment @ \ ....-J CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W,' ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,CJ.ANDOVER,MN,US To: Mayor and City Council CC: John Erar, City Administrato~f'l/ David D. Berkowitz, City En neer .D1/J3 From: Kameron Kytonen, Natural Resources Technician Subject: Citizen Request/Oak Wilt Reimbursement - Engineering Date: April 1 , 2003 INTRODUCTION Ordinance No. 214 requires property owners with oak wilt on their property to treat the problem and prevent spread to other properties. Nothing in the ordinance discusses cost share funding. Thus, the City has the ability to enforce treatment, which may all be at the ~-.J property owner's expense. However, the City of Andover received a $20,000 grant from the Minnesota DNR to help property owners offset some of the costs. That money may be allocated to residents who have particular eligible situations that may need root graft disruption (vibratory plowing) or removal of infected red oaks that are potential spore-producing trees (PSPT's). Whether or not a property owner is eligible depends on the guidelines and regulations set forth by the state and the City. Because the money is limited, not all property owners receive the benefits of the grant. Thus, those that receive cost share funding are fortunate. An oak wilt situation with Mr. Willis Langfeld has tested the outer limits on the allocation of cost share funding in the City. Overall, to have an effective Oak Wilt Suppression Program, it is important to stay within the guidelines established. DISCUSSION On July 3, 2002, staff noticed apparent oak wilt on Mr. Langfeld's property. After further observation, it was concluded as oak wilt. Three northern pin oaks (red oak group) were infected in his front yard. A letter was sent to Mr. Langfeld stating that the problem needed to be treated. This included a sketch map of the oak wilt area with a site summary, literature on oak wilt and a list of licensed tree care companies in the City of Andover. The letter stated that Mr. Langfeld had the option to call city staffifhe needed advice or assistance on abating the problem. ,,/ In late November of 2002, it was decided to send out applications to property owners with PSPT's. A letter explaining the guidelines accompanied the application. Those Mayor and Council Members , April J, 2003 Page 2 of3 property owners who followed the guidelines and filled out the application were then eligible for cost share funding for diseased tree removal. Mr. Langfeld was a property owner with three PSPT's. Those trees were eligible for cost sharing. Thus, he received the information. Mr. Langfeld brought his application to City Hall. He had indicated that the work was already completed. Staff reviewed the application information, and initially denied it because the two companies he had chosen to use were not licensed in the City of Andover at the time the work was complete, which was one of the guidelines for the application procedure. Mr. Langfeld argued that he didn't know the contractors had to be licensed in the City. Afterall, it wasn't indicated as such on the initial letter he had received in early July. After discussions on this subject with City staff, it was decided to allow grant funding to be allocated to Mr. Langfeld. :-J Yet, the proposals that were included in the application package Mr. Langfeld submitted did not detail exactly which trees were removed. Trees removed in the front and backyard were priced on the statements. Despite not stating this in the guidelines, eligible trees need to be witnessed by city staff. Otherwise, it would be very difficult to prove whether or not a tree previously removed had been infected with oak wilt. The statements that Mr. Langfeld submitted with the application made it difficult to pinpoint the cost of the three eligible trees that were removed. Thus, it was difficult to come up with a value that Mr. Langfeld should be reimbursed. After several phone calls, discussions, and a property evaluation, Mr. Langfeld argued he should be reimbursed $450, which is half of the cost of the total cost of removals by one contractor. This value is reflected on a statement by the contractor, which indicates the $900 was the price for the removal of two oaks in the back yard and six oaks in the front yard. Again, this did not reflect how much it cost to have the three eligible trees in the front yard removed. In order to rectify the situation, it was decided to allow Mr. Langfeld to be reimbursed $250, which was a value approximated by staff after reviewing the statements by the two contractors. Mr. Langfeld disagreed with this figure, and left a message with my office indicating that he would split the difference between $450 and $250, and accept $350. , , - -_/ Staff spoke with the two contractors that performed the tree removals on Mr. Langfeld's property on March 24, 2003. One contractor explained that he removed trees that were dying of oak wilt. The other contractor explained that he had removed trees " Mayor and Council Members " Aprill,2003 Page 3 of3 that were dying of oak wilt or were already dead. Trees that were already dead mayor may not have been PSPT's, which are, again, eligible for cost-sharing. It is difficult to gauge whether or not they were eligible with that general of information. A tree described as a "dead oak" could be a tree that just recently died, a tree that died five years ago, a tree that died of oak wilt, a tree that died of another cause, etc. Without city staff witnessing the trees prior to removal, they can't be justified as eligible. The information is just not detailed enough. RECOMMEND A nON Unless one or both of the tree care companies can show proof as to the cost of removal for the three eligible trees (i.e. if the companies showed they were $600 for removal, Mr. Langfeld would receive $300), staff recommends Mr. Langfeld be reimbursed $250 from the DNR grant under the Oak Wilt Suppression Program. Respectfully submitted, .. I j~~ -_/ Kameron Kytonen, Natural Resources Technician cc: Willis Langfeld, 2207 _16151 Ave. NW, Andover ) '__/1 , } ~OO"""~ ~ 001>> 000 o 0 ~~O::r<: ::r0 ~ :r.~ o 0 ~ ~"I'lO~O oS::r: '$. 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WWW,CI,ANDOVER,MN,US TO: Mayor and Councilmembers CC: John Erar, City Administratof.././ FROM: Dan Winkel, Fire Chief SUBJECT: Presentation/Connexus Energy Trust DATE: April I, 2003 INTRODUCTION Connexus Energy Trust Representative, Al Sannerud, will be in attendance to present the annual Kids Safety Camp with a check for $852. DISCUSSION The annual Kids Safety Camp conducted by the Anoka County Sheriff, Andover Fire ~) Department, and Ham Lake Fire Department will be held on June 17 and 18, 2003. The funding for this camp always comes from private donations, This year the Connexus Energy Trust is donating $852 to buy bike helmets for all of the participants, ACTION REOUIRED The City Council is to make a motion accepting the donation from Connexus Energy Trust. 7;;;:'11';;7:)/ Dan Winkel, Fire Chief , i "-.J 8J - ') CITY OF ANDOVER ..J 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW,CLANDOVER,MN,US TO: Mayor and Councilmembers CC: John Erar, City Administrator Jim Dickinson, Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: April 1, 2003 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $128,238.61 on disbursement edit lists #1-4 from 03/17/03 thru 03/28/03 have , ) been issued and released, '-..../ Claims totaling $106,444.56 on disbursement edit list #5 04/01/03 will be issued and released upon approval. BUDGET IMP ACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUIRED The Andover City Council is requested to approve total claims in the amount of $234,683,17. Please note that Council Meeting minutes will be used as documented approval rather than a signature page. 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WWW,CI.ANDOVER,MN,US TO: Mayor and Councilmembers CC: John Erar, City Administratol"f/ FROM: Jim Dickinson, Finance Director SUBJECT: Sunshine Park Concession Contract DATE: April 1, 2003 INTRODUCTION The Sunshine Park concession contract with C & H Enterprises expired October 31, 2002. The expired contract with C & H Enterprises was for three years (2000,2001 & 2002). Finance has negotiated a one-year contract extension with C & H Enterprises, The new expiration date for the proposed C & H contract would be October 31, 2003. DISCUSSION \ The Finance Department originally recommended that the City do a Request For Proposal (RFP) '. J for the concessions at Sunshine Park and evaluate proposals before entering into another longer term contract with C & H Enterprises or another vendor. After talking with various sports associations and concessionaries it was concluded that an RFP process at this time would not yield desired results and negotiated a one-year extension to the C&H contract with some slight modifications. The contract extension includes a revenue sharing provision available to local sports associations, some minor contract modifications (terminology) and a slight modification to the rent payments. The revenue sharing option will allow associations that sponsor weekend tournaments the opportunity to share in the concessions gross sales for the tournament weekend once a gross sales baseline has been met. BUDGET IMP ACT This contract will generated $4,050 of revenue in 2003 ACTION REOUIRED The Council is requested to approve the one-year contract extension with C & H Enterprises, - " .) ) --_/ CITY OF ANDOVER CONCESSION AGREEMENT 1) . C & H Enterprises will have exclusive rights and privilege to operate concessions for Sunshine Park ball field complex (complex) located in Andover, MN. 2) C & H will operate concessions at all events held at the complex during the term of this agreement including days, evenings and weekend games as needed (The City of Andover will guarantee a minimum of 5 weekend Tournaments per season, a credit will be discussed ifless than 5 occur). Exception: Such exclusive rights shall not include catering service to individuals or groups renting the gazebo, park buildings or plcmc area. 3) C & H will provide all employees necessary to operate concessions. C & H will be responsible for all costs and expenses of such employees; including all employee benefits. ,_/ 4) Sunshine Park will provide equipment and fixtures such as a three-compartment sink, hand sink, refrigerator, freezer, ice machine and counters. C & H will provide all other equipment necessary to operate concessions, 5) C & H will provide and be responsible for all products to operate concessions, such as food, supplies, etc. 6) The City will be responsible for all utilities costs of existing utilities including monthly heat, gas, electricity, water, and garbage at Sunshine Park. 7) C & H will be responsible for keeping premises occupied clean and well maintained. C & H will be responsible for complex grounds and facility cleaning during weekend tournaments. 8) C & H will provide a damage deposit of $500.00 payable to the City of Andover ten (10) days before opening the season, to be returned upon final inspection by City of Andover employees. 9) Concessionaire shall be responsible for shutting down and cleaning concession facility within fifteen (15) days of closing the season. Concessionaire will be responsible for notifying the Building Official when concession facility is cleaned. , ,J An inspection will be scheduled at this time with C & H present during inspection. 1 10) C & H will make rental payments to the City of Andover based on the following schedule: I 2003 '--' April 15 350 May 15 740 June15 740 July 15 740 August 15 740 September 15 740 Total $4,050 Payments will be made to the City of Andover at City Hall on the fifteenth day of each month. Payments more than 5 days late will be assessed a $25.00 late fee. 11) C & H will provide to sponsoring organizations of a weekend tournament a revenue sharing agreement. The revenue sharing agreement will, at minimum, grant the sponsoring association 10% of the gross sales over $2,000 for the weekend tournament. 12) C & H will be responsible for all local, county and state licenses/permits needed to \ operate concessions. Such licenses/permits must be conspicuously displayed on the . . '",-- ) concesslOn premIses. 13) C & H will provide a certificate with the following types and amounts of insurance: Public Liability - $300,000 Property Damage - $50,000 14) C & H will Hold Harmless the City of Andover for damage, loss or theft of concessionaire property on concession premises, only if concessionaire has key access to concession premises. The City of Andover shall have access to the concession area upon notice to concessionaire. 15) C & H will leave all equipment in condition prior to inception of contract, except for normal wear and tear, which is to be expected, 16) C & H agrees that this agreement shall be subj ect to cancellation immediately by the City in the event of anyone or more of the following happen: a. In the event the concessionaire is adjudicated as bankrupt, is in receivership, has made an assignment for the benefit of his creditors, or because his financial situation is such that he is unable to continue successful operation. J 2 b. Failure of the concessionaire to perform, keep, or observe any of the conditions of this agreement, and failure of the concessionaire to , correct the default or breach within the time specified by the Park \ Coordinator. '- ./ C & H or the City may terminate this agreement for any reason by giving sixty (60) days written notice of cancellation for any reason. 17) The term of the agreement will be from April 15, 2003 through October 31, 2003. Terms and rental rates will be reviewed at the expiration of the contract for potential renewal. IN WITNESS WHEREOF, the parties have caused this agreement to be executed this day of ,2003 CITY OF ANDOVER BY BY Concessionaire Its Mayor \ BY ATTEST .~) Concessionaire City Clerk SEAL ) file: g:/datalfinance/contractlconcesin 3 6) ',J CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W,' ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,Cl,ANDOVER,MN,US TO: Mayor and Councilmembers CC: John Erar, City Administrat04rV FROM: Jim Dickinson, Finance Director SUBJECT: Authorize Street Department 2003 CIP Expenditure DATE: April I, 2003 INTRODUCTION At the regularly scheduled December 3, 2002 Andover City Council meeting, the Council approved the 2003-2007 City of Andover Capital Improvement Plan (CIP). The Finance Department is seeking authorization to proceed forward with a Street Department purchase, a Tymco street sweeper. ~J DISCUSSION The aforementioned equipment is identified as project # 03-43100-07 in the 2003-2007 CIP and will replace an existing street sweeper that is inoperable. The proposed new sweeper purchase would be purchased offthe current State of Minnesota purchasing contract at a cost of$102,145. The new sweeper was budgeted at $105,000. BUDGET IMP ACT The sweeper purchase $102,145 will be funded by the 2003 Capital Equipment Notes issued earlier this year. ACTION REOUIRED The Andover City Council is requested to authorize the Street Department 2003 CIP Expenditure. \ , / @ ,~ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARDN,W" ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,C1,ANDOVER,MN,US TO: Mayor and Council Members aV CC: John Erar, City Administratorvj bD' David D. Berkowitz, City Engineer W FROM: Todd Haas, Asst. City Engineer SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/02-43/Sunshine Park Soccer Field Lighting - Engineering DATE: April 1, 2003 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement of bids for Project 02-43, Sunshine Park Soccer Field Lighting. DISCUSSION ~J If the City Council recalls, this is identified in the 2003 CIP. The Park & Recreation Commission has reviewed the plans and is recommending approval for lights at the 3 soccer fields, which will also be used by the football and lacrosse associations. Note: There is a standard warranty on the lighting but the Public Works Department is recommending a 10 year warranty which covers warranty on lights, parts, etc. Because the poles will be 70-80 feet in height, Public Works does not have the ability to change bulbs. The 10 year warranty does include re-Iamping each light at the end of the 10 years. The 10 year warranty will be included as an alternate in the bid. BUDGET IMP ACT This is identified in the 2003 CIP and will be funded by Park Dedication Funds. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement of bids for Project 02-43, Sunshine Park Soccer Field Lighting. Respectfully submitted, , , ~~~ , ,--j cc: Jim Lindahl, Park & Recreation Commission Chair CITY OF ANDOVER , \ COUNTY OF ANOKA '-J STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-43 , SUNSHINE PARK SOCCER FIELD LIGHTING . WHEREAS, pursuant to Resolution No. 007-03, adopted by the City Council on the 21st day of January ,2003, Wunderlich-Malec has prepared final plans and specifications for Project 02-43 for Sunshine Park Soccer Field LiqhtinQ. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1st day of April , 2003 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. 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 1 :30 p.m. April 28 ,2003 at the Andover City Hall. \~j , MOTION seconded by Council member and adopted by the City Council at a reqular meeting this ~ day of April , 2003 , 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 " " '-_/ (J) , '\ CITY OF ANDOVER "-) 1685 CROSSTOWN BOULEY ARD N,W, . ANDOYER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,Cl.ANDOYER,MN,US TO: Mayor and Council Members CC: John Erar, City Administratop!)1u FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/03-6/2003 Overlays - Engineering DATE: April I, 2003 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement of bids for Project 03-6, for 2003 Overlays, DISCUSSION (J The 2003 Mill & Overlay project is identified in the City Capital Improvement Plan. This year's program identifies the street improvements for the neighborhoods of Kiowa Terrace, Rum River Forest, Lunds Evergreen Estates and Birchwood Pond. BUDGET IMP ACT The 2003 Mill & Overlay project is identified in the City's Capital Improvement Plan. The funding for this work will be from the Road & Bridge Fund. ACTION REOUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement of bids for Project 03-6, 2003 Overlays. Respectfully submitted, ~(,), l?,J~ David D. Berkowitz " >- '-_/ CITY OF ANDOVER , " COUNTY OF ANOKA '-_.-J STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 03-6 ,FOR 2003 OVERLAYS . WHEREAS, pursuant to Resolution No. 023-03 , adopted by the City Council on the 41h day of February ,2003, the City EnQineer has prepared final plans and specifications for Project 03-6 for 2003 Overlavs . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 151 day of April , 2003 , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. 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 10:30 a,m. , April 23 , 2003 at the Andover City Hall. 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S ~ ~ ~ 0 e::: ! tr) a... ~ . ~ w e >- ~ i l- e ! u l N ! ! ~ ; ~ ~ w ! 0 ~ ~ ! ~ ~ ~ ii . l! ! .lll~ i or- ~ ",Ol 5 Ql~ c:'C ; c: Ql . ~~ ~ -=0 ; a>e- i > 0 o () -gc: e <l:- ~ - 0 ~ Z'- G ~ \ ~ e ~ ',_J ~ E . ~ I (j) ,.-\ CITY OF ANDOVER ,--..J 1685 CROSSTOWN BOULEVARD N,W" ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.cJ,ANDOVER,MN,US TO: Mayor and Council Members CC: John Erar, City Administrato~ FROM: David D, Berkowitz, City Engineer SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/03-3/2003 Crack Sealing - Engineering DATE: April 1, 2003 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement of bids for Project 03-3, for 2003 Crack Sealing. DISCUSSION The street crack seal program is an effective street maintenance technique utilized to protect and \ prolong the life of the City's street infrastructure. The crack sealing program divides the City 'J into seven separate maintenance zones, Each year the streets in one of the seven zones is targeted for sealing the cracks which is then followed up the following year with a seal coat. BUDGET IMP ACT The 2003 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. ACTION REOUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement of bids for Project 03-3,2003 Crack Sealing in Zone #2. Respectfully submitted, (/l;JlQ ~ David D. Berkowitz V "\ '.../ , CITY OF ANDOVER , COUNTY OF ANOKA .j 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 PROJECT NO. 03-3 ,FOR 2003 CRACK SEALING WHEREAS, pursuant to Resolution No. 021-03 , adopted by the City Council on the 41h day of Februarv ,2003, the City Enqineer has prepared final plans and specifications for Project 03-3 for 2003 Crack Sealinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 151 day of April ,2003. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications, 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 10:15 a.m. , April 23 , 2003 at the Andover City Hall. . , \ "-) MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 151 day of April , 2003 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk , ) ,/ ~& (~ -:i r)..Ja.. <> ~ ro \ ,\ ~ ',_~ -K Jh.L ( -?!;;IL f-- 1--', _H =:1 [Eg.Lr . L. _ JI, -= - . \. '~ ,-- / . '1' T~" ,I -; ] I- ~ --I \ J-~ - W "'-q--{'# L II~-- ~ -f- _ ~ ~I--H L- --'- --( I --1h f~ 1../ ~:\.. 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U _ '-':-::: ~ . ~~ '" 3l" ! ~ C') '"G lea u. ~ . o '"1:3 0 :> I o "'i g ~ ' C\I UO!leoOl dell'l 2 '" i .... 0 z - c CD E .c '. <> ro . I ~ \ , , ~/ I j , ! ! 1 i ! 1 , ! '" i Q) e c Z _51 ""! 0 , N ~ ..... m .. N... ... lit CD ... ; Q) en wwwwwww i >;:! CO ~ TI HH2H 00> Q) (:) , "C- O ODD DODD C-c CI) Z I ~2 ~ ~ -~ III ~ 00 u - " 0 M " >.e- ~ ~ '" ~~- 8 I :::: III 00 ~ '- / _0 .0" N .- " ().!: () a ~ B~ ~ ~ "- ~~ .... -" ~ ~ C") ~ o 3l ~ {to m 0 - "- :> ~ 0 0 . ~ ~ 2 " C\I UO!leool deV\l 0 0 0 c. ! m ::E z j @ ~J CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.' ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.cJ.ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administrato~~ FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/03-4/2003 Sealing Coating - Engineering DATE: April 1, 2003 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement of bids for Project 03-4, for the 2003 Seal Coating Program. DISCUSSION :~J 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 approximately seven years and is one tool currently utilized to protect and prolong this investment BUDGET IMP ACT The 2003 Seal Coating project has been identified in the City's Capital Improvement Plan. The funding for this work will be from the Road & Bridge Fund and Developer Seal Coating Fund. ACTION REOUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement of bids for Project 03-4,2003 Seal Coating in Zone #1. Respectfully submitted, ~~~wi~ \ , ) 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 PROJECT NO. 03-4 ,FOR 2003 SEAL COATING . WHEREAS, pursuant to Resolution No. 022-03 , adopted by the City Council on the 4th day of February ,2003, the City Enqineer has prepared final plans and specifications for Project 03-4 for 2003 Seal Coatinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1st day of April ,2003. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. 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 10:00 a.m. , April 23 , 2003 at the Andover City Hall. :-J MOTION seconded by Council member 3 and adopted by the City Council at a reqular meeting this 1 st day of April , 2003 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk , \ , 0 ~m~ ~E ~ {Ii ~ l" JI,,41 ~ , : I _ ~/~_!:J ~- T S"'r\-"-~'~r' I i . lID' iTr1 R I....., , / B! r ern", - i. 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(763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administratot . David D. Berkowitz, City Eng neer~P FROM: Todd Haas, Asst. City Engineer SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/02-49/Woodland Estates 4th Addition - Engineering DATE: April I, 2003 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement of bids for Project 02-49, Woodland Estates 4th Addition. " DISCUSSION ,---) The Woodland Estates 4th Addition development is located directly north of Woodland Estates 2nd Addition, which is west of Nightingale Street NW. The plans and specifications for the construction of the municipal streets and utilities were previously ordered by the City Council and now have been completed. A copy of the plans and specifications are available in the Engineering Department for review. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement of bids for Project 02-49, Woodland Estates 4th Addition. Respectfully submitted, ~~~ , cc: Byron Westlund, Woodland Dev. Corp., 13632 Van Buren St. NE, Ham Lake, MN 55304 ; \ J CITY OF ANDOVER , , COUNTY OF ANOKA " ../ STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-49 , WOODLAND ESTATES 4TH ADDITION. WHEREAS, pursuant to Resolution No. 035-03, adopted by the City Council on the 18th day of Februarv ,2003, TKDA has prepared final plans and specifications for Project 02-49 for Woodland Estates 4th Addition. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1st day of April , 2003 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. 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 10:00 a.m. , April 28 ,2003 at the Andover City Hall. i '- , MOTION seconded by Council member and adopted by the City Council at a reqular meeting this ~ day of April , 2003 , 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 \ , \ / @ '\ CITY OF ANDOVER ',./ 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: John Erar, City Administrato~r David D. Berkowitz, City En ineer'DDP FROM: Todd Haas, Asst. City Engineer SUBJECT: Accept Petition/Order Feasibility Report/03-14/13752 Round Lake Boulevard NWIWM - Engineering DATE: April 1, 2003 INTRODUCTION The City has received a petition from the property owner of 13752 Round Lake Boulevard NW requesting the improvement ofwatermain (see attached petition), Project 03-14. '- j DISCUSSION The watermain service was constructed under Project #91-22, Round Lake Boulevard Reconstruction. City staff will prepare the feasibility report identifying the amount of the assessment for the April 15, 2003 City Council meeting. BUDGET IMPACT The cost of the improvement would be assessed to the property owner over a 5 year period. ACTION REQUIRED The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of watermain for Project 03-14, in the area of 13752 Round Lake Boulevard NW. Respectfully submitted, ~ai~ \ , '- .J cc: Steve Boie, 15288 Tulip Street NW, Andover CITY OF ANDOVER , COUNTY OF ANOKA ... .J STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. 03-14, IN THE AREA OF 13752 ROUND LAKE BOULEVARD NW. WHEREAS, the City Council has received a petition, dated March 12, 2003 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 \ "-) 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 1st day of April , 2003, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk \ \ I / t?"1'-11f ... 1 '~./ RECEIVED Date :s::- I d -03 .12~ elT" O~ "\IDOV'R I I ,rId . C Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: We do hereby petition for improvements watermain anitary sewer, storm sewer and streets (circle one or more) with the cos s of the improvement to be assessed against my benefitting property. Said petition is unanimous and the public hearing may be waived. We would like to be assessed over a 5 year period. , \ ,_) Sincerely, .~ ~ Property Owner Address C .--J-. . ,If \ City, State, Zip ~ I C~ 00 I ~ Phone (Home) 1.3d-. '3 '0 (t-<.! "f .s), (Work) ~c:IJ:; ~~ . c9GJCt-/ or /37Sd-. r?c:I, L~le. rJ}U() , . J , / G:\DA T A\ST AFF\RHONDAA\FORMS\PETITION.DOC - - ... ~... . _.... _.__. -....- ._-~ ++ \ I r & I ~'- j ! i , 1 - 6' M,J. -G.V. I 1 - 8'x 6' M.J. TEE I , CITY OF AN VER 1 - 6' M.J. - G.V. ~ I 1 - 6' M.J. HYDR~NT 10' L.r. 6' D. I . ~. , PAR. 27A PAR. 28A PAR. 29A PAR. . , , i .. -_.~ - -'.1 , , ,..... I "'l , I U-EASt-1ENT ' \ 3 75"~~- i' '.' -: '-, '..~.' L :, . .' , j , I r -,-.- - - - ! . - ..- -,:,:11 I; , i ~ ~-' '.l :_~ +53 BEG,~ I 1 i SER.V I CE ROAD I " lilt.!;' '15 'S E NEW .~ . ~,., R/W \ ! - _ _ _ ,1.r--. 5'S.E. . ....:.. '\- J -, , -- - -_..- -- -- .;'lOl~' . i . ~ ,- . "J,. _ _} t". i ~- :: :.~ +9-7 - . . . . . .._ . tr'. __ to.. ... , . .. u._ "--.. ",'f. .. . . 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III I '" '" '" '" '" '" ,... 13835 13836 I 0> ~ ;;; \!! on - .... .... .... " I '" M '" '" - 13827 13828 '-..J I ~ ._'.':';:....; ! r,: I 13803 13808 I .. - I 13747 13758 I I I 13 I I I 3631 I 13731 I I ------------------------------- 130' I ________________ H '-' I SITE. r-=- I ity of ndover NORTH 1/2 SECTION: 32 LEGEND ~ction TOWNSlllP: 32 RANGE: 24 D Half Section Boundary :8 Book D Lots / Parcels , Map Date: July 22, 1999 1\ ~~I Parks i ___~. Water Features '-_.J D Right-of-Way @ / \ CITY OF ANDOVER '- J , 1685 CROSSTOWN BOULEVARDN.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.cJ.ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City AdministratoXll. = David D. Berkowitz, City En neer D"D,j) FROM: Todd Haas, Asst. City Engineer SUBJECT: Accept Petition/Order Feasibility Report/03-16/16060 Crosstown Boulevard NW/SS & WM - Engineering DATE: April 1, 2003 INTRODUCTION The City has received a petition from the property owner of 16060 Crosstown Boulevard NW (World of Pentecost Church) requesting the improvement of sanitary sewer and watermain (see '\ attached petition), Project 03-16. , ---./ DISCUSSION The request is being made due to an agreement between the developer of Constance Corners and the church. As part of the layout of sanitary sewer and watermain of Constance Corners (Project 02-45) and the extension that is required to be extended to the property line, the church is willing to pay for the laterals that are being provided. BUDGET IMPACT The cost of the improvement would be assessed to the property owner. ACTION REOUIRED The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer and watermain for Project 03-16, in the area of 16060 Crosstown Boulevard NW (World of Pentecost Church). Respectfully submitted, ~at~ , " , ) cc: Ron Thompson, World of Pentecost Church, 16060 Crosstown Blvd. NW, Andover CITY OF ANDOVER " COUNTY OF ANOKA ,~ STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN , PROJECT NO. 03-16, IN THE AREA OF 16060 CROSSTOWN BOULEVARD NW. WHEREAS, the City Council has received a petition, dated March 14,2003 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. :) 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 151 day of April , 2003, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk :_) 03-10 " ReCEIVED 1 I "~ MAR/4?om 1 ; ~, >,. . ~ J February 28, 2003 I i CITY O~- J1~'1}l\iED Mr. David Berkowitz ~ 11~......t!tLn Oty of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Petition for sewer and water laterals World of Pentecost Church Dear Mr. Berkowitz, The World of Pentecost Church does hereby petition for improvements by the construction of water main and sanitary sewer with the costs of the improvement to be assessed against the benefiting property which is described as: World of Pentecost Church Said petition is unanimous and the public hearing may be waived. ,-) We understand a feasibility report has been prepared as part of the adjacent Constance Comers residential subdivision. We further understand the lateral costs identified in the report are for construction of the improvements only and additional area charges will apply when service is requested. We further understand these area charges are in addition to the customary area charges and connection charges required for the pulling of a building pennit. Z:Yj~ Ron Thompson World of Pentecost / '\ \,../ ; .."., 'C, .~ 1IIIIIIII - .-" ::) 11n l J 1055 741 r^VE---~-------~ ---- 1092 1054 680 16034 16019 . CONSTANt6 15975 ,.aNERS. . 0 15890 <( a "- ) 0:: ....J <i: 15845 0:: , 15827 z 15850 I- 0:: (J) UJ UJ :r: 0:: I- a 0:: ::2 - 0 <( z 15810 t) 921 887 15762 15803 z >- 0 (J) I- 157 CJ z 15782 158T ::J 0:: 15745 :J I- 910 910 !D I- (J) (J) 15748 UJ 8 15743 0:: 0 0 15726 773 71 ~ 15725 ~ 15710 t) 0 >- Ul 841 (J) 0:: ------- Map andDa/a Sourr:es: N CUyofAndover D~ + mr' EngIneerIng; , PlannIng; I '-- Public Works; GIS -, U, __II-<<JDjen 1:.(1tIJ ...,........ aWlIr_.... AlIdr-. ..---.......... -.. - .....c-*1~.~.......l"'OIIkW~MapfW........ !Jt . "t.1!It:Ma__ ~ R:\GDIDAT.A.\COB\I'IlO&C'l'SAUfOMAP.APIl '-.J~ !;taI1.~vl\ ..t 1i;~ \ ..-- .~ ~(.r~;;;b',-,~ ., " .!ii~h .<: ~ t . -....,......... ,,,,11-* ........A..." -"'.......,. ~.~ 'AM ~ \1\(") :'~ ~.g9 .,,!~ ~l . . @ , '-./ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARDN.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City AdministratortV' FROM: David D. Berkowitz, City Engineer SUBJECT: UpdatelResident Request/02-44/Marystone BoulevardlRoanoke Street Improvements - Engineering DATE: April I, 2003 INTRODUCTION This item is to update the City Council regarding the residents' request to pave Marystone Boulevard and Roanoke Street. DISCUSSION \ The City Council, at the March 4, 2003 Council meeting, requested that the residents '--) have a registered engineer evaluate the drainage concerns if this section of roadway is paved. I spoke with Mr. Nielson on Monday, March 24, 2003 and at this time the drainage has not been evaluated. This item will be brought back to the City Council as soon as information is available and City staff has had an opportunity to review. ACTION REOUIRED No action is required at this time. Respectfully Submitted, G1.dtC[)\:"~ David D. Berkowitz . \ cc: James Neilson, 4949 Marystone Boulevard, Andover ,_ J Residents of Neighborhood @) , , , './ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.cJ.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administratof: ~ Will Neumeister, Communit Development Director W 0- FROM: Courtney Bednarz, City Plann~ SUBJECT: Approve Final Plat/Shady Oak Cove - Planning DATE: April 1, 2003 INTRODUCTION The City Council is asked to approve the final plat of the project to be known as "Shady Oak Cove". \ DISCUSSION 'J The final plat is found to be in compliance with the preliminary plat and applicable ordinances. The attached resolution itemizes the remaining steps before the final plat can be released to be recorded at Anoka County. ACTION REOUESTED Please adopt the attached resolution approving the final plat Attachment Resolution Location map Final Plat (full size plan in packet) Cc: Penta Management Group, 1875 Station Parkway NW Andover, MN 55304 , \ '-J CITY OF ANDOVER ,,~ ) COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE FINAL PLAT OF "SHADY OAK COVE" AS BEING DEVELOPED BY PENTA MANAGEMENT GROUP LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: The south 384.90 feet of the north 854.90 feet of the west 660.00 feet of the Northwest Quarter ofthe Southwest Quarter of Section 14, Township 32 North, Range 24 West, Anoka County, Minnesota and the north 470.00 feet ofthe west 660.00 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32 north, Range 24 west, Anoka County, Minnesota. Except the west 25.00 feet thereof taken for road purposes as evidence by Final Certificate recorded as Document No. 788086. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Shady Oak Cove"; and WHEREAS, the Developer has presented the final plat of Shady Oak Cove; and 1 WHEREAS; the City Engineer has reviewed such final plat for conformance with the \. 0" J preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Shady Oak Cove contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal and engineering costs as determined by the City Engineer. 3. The developer shall provide an escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer that lots are graded according to the approved grading plan. 4. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 5. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 6. Park dedication fees shall be paid in the amount of$27,200. 7. Trail fees shall be paid in the amount of $6,592. I \ , \._/ -2.- , '- J Adopted by the City Council of the City of Andover this _ day of ,2003. CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk Michael R. Gamache, Mayor , " '-, , - -3- " J - ,.. ) '-... ~ , N ; Project Location Map w~. . ,,. City of Andover Plan ning Department -1-- ". I I SHADY OAK ( I 125 L .- '" ----------------------r-- " / ::::?',52;'.,;;\:3 /r'ltt'"'' _..........___/,::,:;:,...~.:-:~::~;:;;,..~.T:.Sf~;~~;,~~;//,: ;:!~_~....f,i~:.:f.~:.V.<::.::.,: :\I~.:..._,:~:7,..: 2:7"(-" ~ a '. /' t ,..""....", 635.07 -.... _ S8frofO''''''l" ~ A V E N U E #: N. W.#: '~NOO'26-;3~ STATE AID HIGHWAY NO. 20)! ! '033.01 63 .07 ~.~, :OO~'J9T " 635 n7 .... :,' >"00 " 6. t!"- 6 I{'.~ .~ 'n~ , I :/ ! 1/ -.... J I " " , " , ;:~~ ,/ ! 1 s~ J: ,/ I ! ~!~ ...'''': : 1i"'~ tlltJfl- :: / I~B : I,i -i~t , , . .' I !j~ .. , ~:~ ::: ......-...-) ", ,', '::0: 4;'- I .., ::, I 4 '., -4. '" ::, I 6 '" '" ", --. I I 1\... ~:~ I I I!~ :::'" : I :&< 3 .__ I I,h / . I .:: 1_, I - - _. '::~ I:' ~ I tcS , " I I.: Ig 7 I '., I I .::: 1-", ~44 I ~~: It! r_. I U'.: I: I r-SoutJIfiMNarlh I '. I' .' t.<< Nttn/4 $1f'J1 4~'- I ~~~ f _ ~~ I s.c. 14. r~ Ii I I '.' I ...... - - j--- 1 ~. 0 .' ". I.. I ,., I ...... : I" ,,"'''''', .:. I I ~~~ ;:;;,..1./..... : I ~;J C~-:::.;.~- ::: It;..... I I 8: I" '" '" .. "',. '-, 1(", ...., I : ,; I it: :.n!"::..:'.... '.. " I l I.... . ,.,J .... ' I : I I'" ~ '" I ~ I : J f!: ~-- ". I.. c" I ---------- ~ c" I ~. -7 -, g t_ ~ :::"- I to : 10l:t \ fo i .. t\l I I... ~ ,_, ,,~_, "-- Q 8 9 : I;::: Q ,,- ~-' ';'-, 0 ~ ! 1 ~ J8.01 0__ ,~- 1 ~ ~ J ~t-..l.~2!-, ~ "h ;_~ 1 ! .t. 1 I~~! 1 ", I swJ.J'ZIT I O{..~"'I 1 .r:.. , 1 . .~~:;': __ ~ I.: ! ., =1 1 ~~l I :';'..' '.,'~. .... ' I 1 1 I I .'"..~ to I I "'II' 1 ~I II ... ~ 10' 2 I ~I 1 i I N !I .s ~ I 61 1 .~~ 1 i ... : :tl I t!o"'J: I FOR THCPUR, 'II : ll....:9.~ I NORTH UNe Cl ~ i ~ I ~C.1f;-ifi'N'? ~ ~ I : ~ HAVE A 8€ARI I '11 .1 I 1!\ 5' ... ~l I "'1 -- I I~ I I l~ I 10-, ~U I _____ ~~ 1 ~ I , I 1 2 2 1 DRAINAGe AN[ 4 I I SHOWH THUS: r BeiNG ~ FeC1 UNCS, AND , RIGHT-OF-WA '\ - - SHOWHOHn S88'40'45"E 635.07 _.' , I 0 - DCNOTfS '-- SoIIttI /in. North 8$4.90 IRON PIPI ,"t Nwr/4 SWl/4 wtTH A I I GRAPHIC SCALE s.c. ,'-, rUN. R24W. I "RLS '05 r_Scuth Ln. sw 1/4 0 JO 60 120 , s.c. 14, r.J2N. RZ4W. ~_~' I . _ DCNOreS I ___L__ SC.l1.E Of FEET 0-0fNOTfS 1 inch = 60 feet -t:.-6- _ DCNOTes ~ ~ @ '\ ',-.-J CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Councilmembers eft' CC: John Erar, City Administrator '1./ Will Neumeister, Community Development Director M---- FROM: Courtney Bednarz, City Planne~ SUBJECT: Approve Final Plat/Maple Hollow - Planning DATE: April 1, 2003 INTRODUCTION The City Council is asked to approve the final plat of the project to be known as "Maple Hollow". ; ) DISCUSSION The final plat is found to be in compliance with the preliminary plat and applicable ordinances. The attached resolution itemizes the remaining steps before the final plat can be released to be recorded at Anoka County. ACTION REOUESTED Please adopt the attached resolution approving the final plat. Attachment Resolution Location Map Final Plat (full size plan in packet) ~IZ;~ Cc: Mark Tibbetts, 1444 16151 Avenue NW, Andover, MN 55304 "J Tyson Homes, LLC 13360 2nd Avenue South Zimmerman, MN 55398 -J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE FINAL PLAT OF "MAPLE HOLLOW" AS BEING DEVELOPED BY MARK TIBBETTS LOCATED IN THE IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: The West 660.00 feet ofthe Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota; which lies westerly of Crane Street NW and Northerly of Block 1 of Chesterton Commons North Second Addition, except that part platted as Anoka County Highway right-of-way Plat No. 20. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Maple Hollow"; and WHEREAS, the Developer has presented the final plat of Maple Hollow; and , \ WHEREAS; the City Engineer has reviewed such final plat for conformance with the '-~ preliminary plat. NOW,THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby approve the final plat of Maple Hollow contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal and engineering costs as determined by the City Engineer. 3. The developer shall provide an escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer that lots are graded according to the approved grading plan. 4. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 5. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 6. Park dedication fees shall be paid in the amount of $10,200. 7. Trail fees shall be paid in the amount of $2,472. Adopted by the City Council of the City of Andover this _ day of ,2003. CITY OF ANDOVER \ ATTEST: ,~) Victoria Volk, City Clerk Michael R. Gamache, Mayor " ) ,.... "." 111425 10<22 0 ::i CO z 0 ",.. CJ) z <: J: "'" "" "33 '857 111151 ,..., "" 1101 1111 ,,,. 161ST AVE ,.." 1374 '''' 1781 . / " Project Location Map w~. \._) . City of Andover -3- Planning Department MAPLE / " ,~ I I I I I If\ I~)I ^..,.....,... r:..-r-" _ _ _ _ _ _ _ _ _ _ CI~ ~ L_LJ _ _ _ I'^"IAI<'^ "'1""\111\1'\/ IHf'II\AI^'/ [)It""! r\r- \A/A'" "')1 AI 1\11\ '1f'\ ,"I ~\..Ir \1\ V\../Ul'lt I I rl'\.Jrl n" I I \I\.:;:lrl I -\..11- - VV 1\ I ~ L./\ I 1"4\..1. .L..\.J The North line of the North....... Quart., 01 the South...t Qu~... ~ 2 ,--of s.ctlon 14 10MlShip 32. RorHJe 24, Anoko County. Winnaoto. ~ ,," . (r'r\III\I'\/ ::---r A I'=..- Ali'\ Illf"1\A/^'/ "Ir'\. """"\'1 ~ ,'-'\..JUI'III I ....::: I" I L_ nlLl rll"rl"" I I"V. L-\.J, 1- -------------~~-1(..~^-~~~~-~,-^I""'J -----------T- IV I..)\.. J"""'\ v 't" ......"'... ,,,. 'fY. o NOO'~2'36.E" ,..-___lhe south In. of Anoka County HicJhwoy It.gnt-of-Wi:ly PlGt No. 20 " I D 10.00 /' :il N89"07'24"W :il 589'07'24"E ~,/ 274.07 I 51.48 '~" \'" 961st Avenue N.W. (County State Aid Highwoy. No. , -1 . ". , ' I "-.. .. 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I r --C..&7.09 '16" ".,46"3403" bo89"5G'3"-J C') I \i ", ~z ~ 0\; I': '01 ...,4'04 - 1 I ~~ ~...... 5 ~ I 1- , , ' ~- ~~ ~ ~~ , I:J~ 'oj.%o. I.... 6 Ie -7 ' \ r'" I~;;;I I j ~(I I \; to tOL 10 : 0:::: I I \,' ----~ ________..J,: ()I ___ 169.69 156.35'" _' I ~26 04...............--_Th. Northerly . of 8lodc to CHEsii'ifcit---' II oJ COMMONS NOR 2ND ADDITION. Angl!;o County. : I 1"1 ,k_::--Tc._D:9d"O :4~E "m_t. I . I ~ \ 1 vrlL_""::IL_I\1 l~' 't I .. /" 1\ ~ A ~ A f\ I......... -- --Jy----- I ' 12 VVIVIIVlgl~~ I \ 1 '1 1\ 11\ L:> " 01\ I" \ I ' I ~VI \ I rl L-I ~LJ I ^ r1-"'TII\1\ I I \' "LJ'LJl I IV, ~ \ ,J I I I I \ ' -4-- @) , , '--~ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ Will Neumeister, Community Development Director {.JL FROM: Courtney Bednarz, City Plann~ SUBJECT: Approve Final Plat/Woodland Estates 4th Addition - Planning DATE: April 1, 2003 INTRODUCTION The City Council is asked to approve the final plat of the project to be known as "Woodland Estates 4th Addition". DISCUSSION \ The final plat is found to be in compliance with the preliminary plat and applicable ordinances. , '\ ./ The attached resolution itemizes the remaining steps before the final plat can be released to be recorded at Anoka County. Park Dedication The City Council approved a combination of land dedication and park dedication fees for this plat. Ordinance 10 describes the process for determining the value of the land that will be dedicated (see attached ordinance section). The value of the land will be deducted from the total park dedication that would have been paid had no land been dedicated. Easement Adjustment The drainage and utility easement between Lots 20 and 21 of Block 3 needs to be widened to ten feet on both sides of the common property line to create a twenty foot wide easement to accommodate storm sewer conduit. This adjustment has been added to the resolution as a condition of approval. Additional Easement An additional easement is needed to allow the City access to a manhole and storm sewer conduit located west of Lot 23, Block 3, outside the plat. This easement also must be dedicated with a separate document. Temporary Road Easements '\ Temporary road easements are needed for the temporary cul-de-sacs located at the end of Quinn , \._/ Street NW and l52nd Lane NW. These easements must be dedicated with a separate document that is structured to expire upon the extension of these roadways as has been done in the past (for Uplander Street NW, for example). These easements has been added to the resolution as a condition of approval. '\ "~ ACTION REOUESTED Please adopt the attached resolution approving the final plat. Attachment Resolution Location Map Final Plat (full size plan in packet) Ordinance 10, Section 9.07.6 Cc: Woodland Development 13632 VanBuren Street NE Ham Lake, MN 55304 \ ) '\ / \ \ ) .-12- CITY OF ANDOVER " ) COUNTYOFANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE FINAL PLAT OF "WOODLAND ESTATES 4TH ADDITION" AS BEING DEVELOPED BY WOODLAND DEVELOPMENT LOCATED IN THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: The north half of the north half of the southwest quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Woodland Estates 4th Addition"; and WHEREAS, the Developer has presented the final plat of Woodland Estates 4th Addition; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. , \ " ) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Woodland Estates 4th Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal and engineering costs as determined by the City Engineer. 3. The developer shall provide an escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer that lots are graded according to the approved grading plan. 4. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 5. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 6. Park dedication shall be paid as determined by the Park and Recreation Commission under the terms of Ordinance 10. 7. The drainage and utility easement between Lots 20 and 21 of Block 3 shall be widened to ten feet on both sides of the common property line to create a twenty foot wide easement to accommodate storm sewer conduit. 8. An additional easement shall be dedicated to allow the City access to a manhole and storm sewer conduit located west of Lot 23, Block 3, outside the plat. This easement , shall be dedicated with a separate document. \~ 9. Temporary road easements shall be provided for the temporary cul-de-sacs to be located at the end of Quinn Street NW and l52nd Lane NW. These easements shall be dedicated with a separate document that is structured to expire upon the extension of these roadways. -3- , Adopted by the City Council of the City of Andover this _ day of ,2003. ) " ~ CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk Michael R. Gamache, Mayor " " \.j \ \ / - -4- Woodland Estates 4th Addition : '\ ... - rzc If=? \:J z ~~~ ,- 2111 ) 11118 "" ........'-< - r "'i -=}~ ,,>> '* -r: ~ 15111 """ ,- ,-J ,_, \1 ~ - I ; am~) j 0 "'-....... ~ --::::::J "'" ,.... "" ,.... ~ E2ffjj Q\: f--- >>" "" "" ,." ""I_~ 0 O~ ---( ,- ,,~ ~ 011111111-"':: I ~" "" "" "" "" "." ~ ,~-I~~\n~!..~.I~I!I!I!I!I!I!1 ~'7 ~"" ~ ~! _ " " " ", <~ liliTi !T!TI!Il:J ) *' ~ "u ". J ,- IL~EI-!-I 1101110 l~n ~r~ 15473 _ ~ ,- 1_ l..!...1M~t'Z!l ~ = - "" "m I \. ~~l=~ ,- "" "" 1120 DO:I r -~_ " I ' -- ';;; 'Dm 1....'...11 - -~ ~ ,.. "U IVB _...~ ~ ". 'D" ~f= ~ ,- I ... i I ::= ~ "" m. "" ' ""- l~~ :; -= ~ ~ ~a z \ " - ' ~t: Ilm8t ,II III - \ ~ ,e, ,- 'D' 111:1 ". ,.. I~I >- III/In-< - -T._~I,."l'''lllll, I!I!I!I! !1:1!lilillll~ R 1~ :S,I 'HIVn "" ~- ":::::->-" . ~~ -~I_O · ~ I""'.'@ =1-';;- - - -;;;;....-I~ -BI! __.... ..r~_,-1- ='-'1 !,ii_,_._;;..;;"fi:,..-:::~ - ~ -W'~~ ~ ~ !I~I~~T~ ~. !~~ ~1rl ~ ~1lft ~. ~~ ~Zf- - ? '-n." -=:;: %; ~~I~/r:i -" :::::O..! ~O *" I "" \"" Ii H ~ fffi11\~~;;.1 r"7"'1~ "" ~:;- ~ ~EII~nlnIHI~ ,- ",. ... ~ '-'- , ="""1 ' , , - -;;';~............, - ''''' '''' ~;:;;: ~r!grEnBI~:: '''" ~;:;-~,plll!J.:: - - -" ."~ = ~ 171'-, '"'' """" - _ t=l!l!l...,-, 14112 lt3l 147~ ~ ~ -:= ,- _ ,- -. :;;.- I ~.."" ,- ~~!...... -~~ , I ,_ ---rl \ ~1 -\ I WHl N , ': Project Location Map W~E \"/ , 5 Andover Planning -5- ) dedication of land for park, playground, open space or public use purposes, the Park and - I Recreation Commission shall recommend to the City Council the amount of cash said Commission feels should be so contributed. Such recommendation shall be based on the market value of the undeveloped land that would otherwise have been conveyed or dedicated. In lieu of land dedication, the City may require from the developer or owner a cash contribution which is based on a fee per lot/unit basis for the development of residential zoned property. In the case of the development of commercial/industrial zoned property, the City may require a cash contribution from the developer or owner which is based on ten (10%) percent of the market value of the land. These fees are established and adopted by the City Council resolution and are effective for any plat that has not received preliminary plat approval after the date of publication of this ordinance. The fees would also apply to plats that have received preliminary plat approval, but have not received [mal plat approval by the City Council within twelve months of the publication date of this ordinance. (IOCC,4-20-99) 9.07.6 Market Value of Lands. "Market Value", for the purposes of this Ordinance - shall be determined as of the time of the final plat without improvements in accordance with the following: A. The Park and Recreation Commission and owners or developers may , recommend to the City Council the market value. The City Council after "~) reviewing the Park and Recreation Commission's recommendation, may agree with the owner or the developer as to market value. (lOBB, 8-4-98) B. The owner or the developer may select from a list, one of three accredited appraisers that has been approved by the City to establish th,e market value. The appraisal shall be at the expense of the owner or the developer. Such appraisal shall be accepted by the City Council and the owner or developer as being an accurate appraisal of ''market value". (lOBB, 8-4-98) 9.07.7 Density and Open Space Requirements. Land area so conveyed or dedicated for park, open space and playground purposes may not be use by an owner or developer as an allowance for development as set out in the City Zoning ordinance. The land shall be in addition to, (except for 9.07.8), and not in lieu of, open space requirements for Planned Unit Developments pursuant to the City Zoning Ordinance. 9.07.8 Credit for Private Open Space. Where private open space for park and recreation purposes is provided in a proposed development and such space is to be privately owned and maintained by the owner of that development, such areas may be used for credit at the discretion of the City Council against the requirement of dedication \ for park and recreation purposes, provided the City Council finds it is in the public , , interest to do so and that the following standards are met: (lOZ, 9-16-97) , , -0- (if) \ , / - CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ FROM: Vicki V olk, City Clerk SUBJECT: Approve 3.2% Malt Liquor License/Woodland Creek Golf Course DATE: April 1, 2003 INTRODUCTION Olvan, LLC has applied for renewal of a 3.2% Malt Liquor License for the Woodland Creek Golf Course. '. ',~ DISCUSSION Attached is the renewal application. ACTION REOUIRED The City Council is requested to approve an on-sale 3.2% malt liquor license for Olvan, LLC, dba Woodland Creek Golf Course, 3200 South Coon Creek Drive. The license will expire on December 31, 2003. Respectfully submitted, fLL- ()~ Vicki V olk City Clerk \ / ) po. /3o;c 61 r-~e..s+-IA u ~ I /1-'1'/'/ 5--SZ:>'Z:~ '\ CITY of ANDOVER '. > CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD NW. ANDOVER. MN 55304 UCENSERENENALAPPUCATION Name of Business O/t/Q n tU. f)); a .' wad fr, ncl uee.. Ie Go If- ux.d'Sc:. Business Address 3200 s.. Coor'l ~e k. Or. Business Telephone Number 7G3 - 323 -0s-/7 Business Owner !?1d- h a e / c::);J-O'1 g ji '? ~ //.' -l IIGl/&7 J' ',r - Owner's Address 2z. ;rt:,o ":jJ'Y/flenC7/ 4vc< ~ p.r~st' kk e ~ I#..,;U SS"C:> Z. s- Owner's Telephone Number Gs-I -Z<1".y- r.; 3~3 Manager's Name mc;;hete./6/Sdh \ '-_/ Type of License: (Check each license being applied for) Retail Sale of Tobacco Non-Intoxicating Off-Sale Liquor Non-intoxicating On-Sale Liquor X I )f1r:ha e-I (!)/<0YJ ~~~. Applicant's 'Name (Print) . Applicant's Signature . ' '. , License Fees Retail Sale of Tobacco: $100.00 Non-intoxicating Off-Sale Liquor: $75.00' Non-intoxicating On-Sale Liquor: $200.00 *AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA'"AAAAAAAAAAAA1AAAAAAAAAAAAAAAAAAAll* \ .' , Receipt # ~..3 0 (.; {, Action by City Council: Approved_ Denied_Date of Action (j!) '~~ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City AdministratOl{rV FROM: Vicki V olk, City Clerk SUBJECT: Approve Raffle Permit/Andover Center Ice Club DATE: Aprill, 2003 INTRODUCTION The Andover Center Ice Club has applied for an Exempt Permit to conduct a raffle on December 15,2003. ~) DISCUSSION As part of the permit process the city can: 1) approve the application with no waiting period; 2) approve the application with a 30 day waiting period (this allows the Gambling Control Board to issue a permit after 30 days); or 3) deny the application. Attached is a copy of the application. ACTION REQUIRED The City Council is requested to consider approving the application with no waiting period. Respectfully submitted, (0...; () rI.6 Vicki Volk City Clerk , \ '- ) Minnesota Lawful Gambling 3/01 LG220 Application for Exempt Permit Fee - $25 FeePaKl ~j Organization Information Check No. Organization name Previous lawful gambling exemption number ANb~'t~ Street StatelZip Code County '2..0 1.\ ~I\ It M A "lOI::.A Name of chief executive offICer (CEO) First name Last name Daytime phone number of CEO PAU~ ~~ Name of treasurer First name Last name &0 r-~U(. Type of Nonprofit Organization Check the box that best describes your organization: o Fratemal 0 Religious o Veteran 8:J Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: L8I IRS letter indicating income tax exempt status o Certificate of Good Standing from the Minnesota Secretary of State's Office o A charter showing you are an affiliate of a parent nonprofit organization o Proof previously submitted and on file with the Gambling Control Board ," Gamblin Premises Information \-.J Name of premises where gambling activity wiD be conducted (for raffles, list the s~e where the drawing will take place) Address (do not use PO box) City StatelZip Code County ;;J.liS !l,Jc,r,,/.:![Z- 6I.J'" N Date(s) of activity (for raffles, indicate the date of the drawing) Check the box or boxes that indicate the type of gambfing activity your organization will be conducting: o .Bingo J8I Raffles (cash prizes may not exceed $12,000) 0 .Paddlewheels D.Pull- Tabs 0 "Tipboards .Equipment for these activities must be obtained from a licensed distributor. This form will be made available in Your name and and your organization's the following: Board members,staffofthe alternative format (Le. large print, Braille) nameandaddresswillbepublicinformatbn Board whose work assignment requires upon request The information requested when received by the Board. An the other that t~ey have access to the information; on this form (and any attachments) win be information that you provide will be private the Minnesota Department of Public Safety; used by the Gambling Control Board data about you unti the Board issues your th~ Minnesota Attorn';ly ~eneral; the (Board) to determine your qualifications to perm~, When the Board issues your Minnesota Commissioners of be involved in lawful gambling activities in perm~, all of the information that you have Administratbn, Finance, and Revenue; the Minnesota. You have the rightto refuse to provided to the Board in the process of MinnesotaLegislativeAud~or,nationaland supply the nformatbn requested; however, applying for your perml will become public. intemational gambfing regulatory agencies; if you refuse to supply this information, the If the Board does not issue you a perm~, ~n~o~e pursuant to court order; other Board may not be able to determne your al the information you have provided in the mdlvlduals and agencies that are qualifications and, as a consequence, may process of applying for a permit remains specifically authorized by state or federal refuse to issue you a perm~. If you supply private, w~h the exception of your name law to have access to the information; the information requested, the Board wm and your organization's name and address indMduals and agencies for which law or be able to process your application. which will reman public. legal order authorizes a new use or sharing Private data about you are available only to of information after this Notice was given; \ and anyone with your consent. '- ) LG220 Application for Exempt Permit Page 2 of2 3/01 Organization Name t\N~~U;;-fJT~ lee. ~Ll)B , Local Unit of Government Acknowledgment , ,j If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge th is application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. o The city approves the application with no o The county approves the application with no waiting period. waiting period. o The city approves the application with a 30 day o The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). o The city denies the application. o The county denies the application. Print name of city Print name of county (Signature of city personnel receMng appfication) (Signature of county personnel receMng application) Title Title Oate_I__I__ Oate_I_I___ TOWNSHIP: On behalf of the township, I acknowledge that , the organization is applying for exempted gambling actMty '- ) w~hin the township fimits, [A township has no statutory authority to approve or deny an application (Minn. Stal sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) nle Oate_-'__I_ Chief Executive Officer's Signature The information provided in this applicatio Chief executive officer's signature Name (please print) 'PAUL- CY:Jr<f.A.. Date 5 d~/-1l.3 Mail Application and Attachments At least 45 days prior to your scheduled activity date send: . the completed application, If your application has not . a copy of your proof of nonprofit status, and been acknowledged by the . a $25 application fee (make check payable to "State of Minnesota"). local unit of govemment or Application fees are not prorated, refundable, or transferable: has been denied. do not Send to: Gambling Control Board send the application to the 1711 West County Road B, Suite 300 South Gambling Control Board. \ Roseville, MN 55113 '- ) LG220 Application for Exempt Permit, Information Sheet 3/01 Who may be issued An exempt permit can be issued to nonprofit organizations conducting lawful gambling " an exempt permit? activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar ) year. (Raffles: Total cash prizes for a raffle may not exceed $12,000.) ....J Separate Complete a separate application for each occasion. An occasion may be either: applications 1. One day of gambling activity. required . If your organization wants to conduct gamb6ng activity on Apn15, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. . If your organization wants to conduct gambling on July 3,4, and 5 at the same site, you may submit only one application and one fee. Raffle: If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. If drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to obtain a copy of proof of nonprofit status Minnesota Secretary of State IRS Income Tax Exemption Certificate of Good Standina - Nonorofrt Articles OR Under a national oraanization of InCOrPoration If your organization falls under a national organization, Attach a copy of your organization's Certificate attach both of the following: of Good Standing (317 A) showing incorporation 1. a copy of the IRS letter showing that your national as a nonprofit organization. organization has been a registered nonprofrt 501 (c) organization and carries a group ruling, and This certificate can be obtained from the 2. a copy of the charter, or letter from your national Minnesota Secretary of State: organization, recognizing your organization as a subordinate. : ) Minnesota Secretary of State Not under a national oraanization Business Services Division 180 State Office Building If your organization does not fall under a national organization, attach a copy of the IRS income tax St. Paul, MN 55155 exemption [501 (c)1 letter in the name of your Phone: 651-296-2803 organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federallD number and the date your organization initially applied for tax exempt status to: IRS P.O. Box 2508 Room 4010 Cincinnati,OH 45201 Sales tax exempt status or federal 10 employer numbers are not proof of income tax exempt status. Financial report . A financial report form and instructions will be sent with your permit. and recordkeeping . Complete and return the financial report form to the Board within 30 days of your date of required activity. . Your organization must keep its gambling records for 3-1/2 years. Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. Or, check our Web site at www.gcb.state.mn.us. \ '- ) - - INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. O. BOX 2508 " CINCINNATI, OH 45201 " j) DateFEB 1. Z 2003 Employer Identification Number: 01-0685542 DLN: 17053271747042 MIDOWRCIDITERICE CL~ Contact Person: 2046 149TH AW NW ADAM R STMIDEN ID# 31124 ANDQWR, MN 55304 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Foundation Status Classification: 509 (a) (1) Advance Ruling period Begins: December 19, 2002 Advance Ruling Period Ends: December 31, 2006 - Addendum Applies: No Dear Applicant: Based on information you supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501 (a) of the Internal Revenue Code as an organization described in section 501 (c) (3). , Because you are a newly created organization, we are not now making a \, ) final determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably expect to be a publicly supported organization described in sections 509(a) (1) and 170 (b) (1) (A) (vi) . Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private foundation. This advance ruling period begins and ends on the dates shown above. within 90 days after the end of your advance ruling period, you must send us the information needed to determine whether you have met the require- ments of the applicable support test during the advance ruling period. If you establish that you have been a p:wlicly supported o=ganization, we will classi- fy you as a section 509(a) (1) or 509 (a) (2) organization as long as you continue to meet the requirements of the applicable support test. If you do not meet the public support requirements during the advance ruling period, we will. classify you as a private foundation for future periods. Also, if we classify you as a private foundation, we will treat you as a private foundation from your beginning date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our determination that you are not a private foundation until 90 days after the end of your advance rul.ing period. If you send us the required information within the 90 days, grantors and contributors may continue to rely on the advance determination until we make Letter 1045 (DO/CG) , , , ) , / - - -2- romO~RCIDITER ICE CLOO , \ ", j a final determination ~f your foundation status. If we publish a notice in the Internal Revenue Bulletin stating that we will no longer treat you as a publicly supported organization, grantors and contributors may not rely on this determination after the date we publish the notice. In addition, if you lose your status as a publicly supported organi- zation, and a grantor or contributor was responsible for, or was aware of, the act or failure to act, that resulted in your loss of such status, that person may not rely on this determination from the date of the act or failure to act. Also, if a grantor or contributor learned that we had given notice that you would be removed from classification as a publicly supported organization, then that person may not rely on this dete~lIlination as of the date he or she acquired such knowledge. If you change your sources of support, your purposes, character, or method of operation, please let us know so we can consider the effect of the change on your exempt status and foundation status. If you amend your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, let us know all changes in your name or address. As of January 1, 1984, you are liable for social security taxes under the Federal Insurance Contributions Act on amounts of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal unemployment Tax Act (FUTA) . organizations that are not private foundations are not subject to the pri- vate foundation excise taxes under Chapter 42 of the Internal Revenue Code. I However, you are not automatically exempt from other federal excise taxes. If 'J you have any questions about excise, employment, or other federal taxes, please let us know. Donors may deduct contributions to you as provided in section 170 of the Internal Revenue Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Donors may deduct contributions to you only to the extent that their contributions are gifts, with no consideration received. Ticket purchases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circumstances. Revenue Ruling 67-246, published in Cumulative Bulletin 1967-2, on page 104, gives guidelines regarding when taxpayers may deduct payments for admission to, or other participation in, fundraising activities for charity. You are not required to file Form 990, Return of Organization Exempt From Income Tax, if your gross receipts each year are normally $25,000 or less. If you receive a Form 990 package in the mail, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. Because you will be treated as a public charity for return filing purposes during your entire advance ruling period, you should file Form 990 for each year in your advance ruling period Letter 1045 (DO/CG) , , '- j - - -3- ANDOVER CENTER ICE CLUB r \ , J that you exceed the $25,000 filing threshold even if your sources of support do not satisfy the public support test specified in the heading of this letter. If a retum is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $20 a day is charged when a retum is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $10,000 or 5 percent of your gross receipts for the year, whichever is less. For organizations with gross receipts exceeding $1,000,000 in any year, the penalty is $100 per day per retum, unless there is reasonable cause for the delay. The maximum penalty for an organization with gross receipts exceeding $1,000,000 shall not exceed $50,000. This penalty may also be charged if a retum is not complete. So, please be sure your retum is complete before you file it. You are not required to file federal income tax retums unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax retum on Form 990-T, Exempt Organization Business Income Tax Retum. In this letter we are not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You are required to make your annual information retum, Form 990 or Form 990-EZ, available for public inspection for three years after the later of the due date of the return or the date the retum is filed. You are also required to make available for public inspection your exemption application, r any supporting documents, and your exemption letter. Copies of these \. I documents are also required to be provided to any individual upon written or in -.; person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Intemet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax-Exempt Status for Your Organization, or you may call our toll free number shown above. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, we will assign a number to you and advise you of it. Please use that number on all retums you file and in all correspondence with the Intemal Revenue Service. This determination is based on evidence that your funds'are dedicated to the purposes listed in section 501 (c) (3) of the Code. To assure your continued exemption, you should keep records to show that funds are spent only for those purposes. If you distribute funds to other organizations, your records should show whether they are exempt under section SOl(c) (3). In cases where the recipient organization is not exempt under section 501(c) (3), you must have evidence that the funds will remain dedicated to the required purposes and that the recipient will use the funds for those purposes. If you distribute funds to individuals, you should keep case histories Letter 1045 (DO/CG) . , , \" .. / - - -4- . NIDO~RC~R ICE CL~ , } showing the recipients' names, addresses, purposes of awards I manner of selec- tion, and relationship (if any) to members I officers, trustees or donors of funds to you, so that you can substantiate upon request by the Internal Revenue Service any and all distributions you made to individuals. (Revenue Ruling 56-304, C.B. ~956-2, page 306.) If we said in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help us resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, ~~.. (J ~---- ' ~..,,:V';,~ 1" c:~ Lois G. Lerner Director, Exempt Organizations Enclosure(s): Form B72-C , \ Letter 1045 (DO/CG) " / Paul Os't.el" 7637555732 p.6 F,.m 872-C Consent Fixing Period of Limitation Upon ()MU No. 1.'i.c!i-()Q~6 Assessment of Tax Under Section 4940 of the "---.-.- .J OoleV. 5upt.(.'mtJer 1998) Internal Revenue Code To be used with FC>rm 1023. Submit ()c!lliianmMJ ,... \he Il....'~.' (See in~tructton$ on revel:-;o ~idc.) in duplicate. ImlllA.'\S n'~"Ulli ~w~ Under section 6501 (c)(4) or tho Imernol Revenue Corie. and tlS part of a request filed with Form 1023 tMt Ule organization named below be treated as a publicly supported organimtion under section 170(b){1)(A)(vQ or s(~tion 509(a)(2) during an advance ruling period. .4"'D~t.fA-. ...G:~~R.._. ~L_.<~~.k. ......... . ......... .-.....-... } District Direr:tor of (exllet /C!gbl fRllnt' of OIYlfrUI:",on liS X)H'wn m Dt!ln"iring t1nLumnotJ Intern;)' R(!V(:lnue, or 'Z.R.y(".... 1..'-!.f..+..J.....A.I!.~.. ..-N.tJ... ...A~r;>~1g,,>' 1:-'h.....:f.~-;r.1'.1. <lnd the Assi:,tllnt Commi:lsioner (Ncmbt:r. 10",.":/1 Cfty or rtltlI11. stiJl~. IPNI ?IP cool!) (Employee ,Plans and-' , Exempl Organizations) cont.lmt and agree thallhe period for asset.~;lng tax (imposed under section 4940 (,f the Code) for any or tho 5 tax yp.a1'S in !hI! advance ruling period will 11xtcnd a years. 4 months. and 15 days bc~yond the end of the fir<.lt tax year. However. if a notice of deficiency in tax for any of th~;c years is sent to the organi.lation before the period expirc~~, tho time for making on aSS(,Ssmont will bo furthc~r extended by the number of days the assc!~:;mcnl r.; prohibited, plus tiO days. 1"1 j, ending d.lte of fir,;t tax year ... ,;,1/ 31 ~ z.......-- ...... '~~'.;.jd~''''''''' , ) .., u____ ._.__"__ ~.b.~"~ Cf~ XG..~ C-/:, 1.. .. .- n.;' ~ l:- ._---. ..- Name of orfl"niLation (a5 5hoWl1 In organi7ing document) Om/) ~--tZh- q -.r; t-/"-E-J . . ~~<J ~~LJ:;,tJ. ?)~"r,..-n1L- Orricc:r or trU~Jr.t' 111JVing nuth(l(;ly to "'go rypc or plirll nama nnd till" SJQT1il1um ~ For IRS use only Di~lf1(.'t Director 0/' Assistant Commis,'iooor (E";plny"" I"a05-;;nci r;xnrtlpt OSJnni7alions) . . -. ----. D'jAN 2 2 2003 lOls G. lem~r Director, E,.~empt Organization ~ 1'1 5 a""J /lgreemei"t'3.. .... .. --.- .. - nu 'I~ * 1\.. . ~ f3y ~b-;(;s-<-- c:X. $~~i:~GroUJ? Manage( - fur Paperwork Rl.-duction Act Not.ce. ~e page 7 01 the Form 1022 Instructions. CaL Nu. 1ti:M!.Q ) @ / '\ ......J CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD N.W.. ANDOYER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOYER.MN.US To: City Council CC: John Erar, City Administrat01V David D. Berkowitz, City EngineerPl>l3 From: Kameron Kytonen, Natural Resources Technician Subject: Accept FireWise Grant - Engineering Date: April 1, 2003 INTRODUCTION The City Council is requested to accept a second grant for the completion of a pine thinning at Lund's Evergreen Estates and Sunshine Park. The grant is through the FireWise Community Program administered by the Minnesota Department of Natural Resources (DNR) Division of Forestry. The grant is in the amount of $6,500. ~) DISCUSSION The thinning has been completed. It is now necessary to get the remaining slash and wood chip piles tub-grinded to clean up the site and lower the fire hazard. The grant is needed to cover the costs of the tub-grinder. BUDGET IMP ACT The City's grant match will be covered through in-kind services. ACTION REOUESTED It is requested that the City Council accept the grant agreement. bY'Ubmittoo, , ,",,,,on KJt;;'t..,.] Rowu"," Tochnic;.m \ , \..j Minnesota Department of Natural Resources Division of Forestry " '\ 500 Lafayette Rd 51. Paul, MN 55155-4044 ''''~ Phone: 651-296-4491 Fax: 651-296-5954 .'... - .. ..- RECEIVED MAR 2 I 2!)!J3 March 20, 2003 ell y n;:- ~ \lfV11!j:R \..,:t 1~~~L:LJi 1-; City of Andover 1685 Crosstown Blvd Andover MN 55304 Dear Mr. Kameron Kytonen; Enclosed are three copies of a pending Firewise Grant Agreement with the Department of Natural Resources, Division of Forestry. You will note that the start date of said agreement is April 1, 2003, this agreement runs through September 30, 2004. \ \.~ Please have these agreements signed by those with the authority to sign contracts. All copies should then be forwarded directly back to me. 1 will route these for the other required state signature(s) and upon execution, forward an original to you. At that time you may start work. If you have any questions or concerns, please contact Dave Schuller at 651-772-7931. ~~ Renee Hendricks Contract Consultant enc. cc: Dave Schuller - Central Region Tom Eiber - Central Office , ,--_J STATE OF MINNESOTA Firewise Community Grant Program GRANT CONTRACT , "- ,...j Accounting Information Agency: R29 Fiscal Year: 2003-2004 Vendor Number: 048212001 00 Total Amount of Contract: Amount of First FY: $6,500.00 $6,500.00 Commodity Code: 023 09 Commodity Code: Commodity Code: Object Code: 5BOO Object Code: Amount: $6,500.00 Amount: Amount: Acct Dist 1: Acct Dist 2: Acct Dist 3: Fund: Fund: Fund: 300 Appr: Appr: Appr: 310 '-- ;Org/Sub: Org/Sub: Org/Sub: 3714 Rept Catg: Rept Catg: Rept Catg: 3400 Amount: Amount: Amount: $6,500.00 Contract: A46929 Begin Date: April 1, 2003 End Date: September 30, 2004 Contractor: City of Andover 1685 Crosstown Blvd Andover MN 55304 , \ , J Grant (Rev. 12/00) 1 STATE OF MINNESOTA GRANT CONTRACT / ',This grant contract is between the State of Minnesota, acting through its Department of Natural Resources, Division of Forestry " ./("State") and City of Andover, 1685 Crosstown Blvd, Andover MN 55304 ("Grantee"). Recitals 1. Under Minn. Stat. 0 84.085, subd. I., The commissioner may make sub grants of any money received to other agencies, units of local government and private nonprofit corporations. Therefore the State is empowered to enter into this grant the State is empowered to enter into this grant. 2. The State is in need of assistance with the FIREWISE Community Program. 3. The Grantee represents that it is duly qualified and agrees to perfonn all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: April I , 2003, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: September 30, 2004 or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: Complete the work as outlined by the GRANTEE's Firewise Community Grant Application, which is attached hereto and incorporated herein. Any changes in the proposed project work must be submitted in writing and approved by STATE prior to the work proceeding. , ,~~/3 Time The Grantee must comply with all the time requirements described in this grant contract. In the perfonnance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services perfonned by the Grantee under this grant contract as follows: I. Compensation. The Grantee will be paid according to the breakdown of costs contained in Exhibit A, which is attached and incorporated into this grant contract. 2. Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed $0.00 provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for detennining whether travel is out of state. 3. TotalObligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $6,500.00 4.2. Payment (1) Inl'oices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually perfonned and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: Grantee may submit invoices on a monthly basis. , (2) Federalfunds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made \, ) from federal funds obtained by the State through Title: Cooperative Forestry Assistance, CFDA number 10.664 of the Act of 1978. The Grantee is responsible for compliance with all federal requirements imposed on these funds and Grant (Rev. 12/00) 2 accepts full [mancial responsibility for any requirements imposed by the Grantee=s failure to comply with federal requirements. 5 Conditions of Payment , " All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at . . ) the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation offederal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Dave Schuller at 65] -772-793], or his/her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. ]fthe services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Kameron Kytonen at 763-755-5]00. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability , The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of , ',_ J action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. ' 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. ' 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 12 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. ' 176.] 8], subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. , )13 Publicity and Endorsement 13.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring Grant (Rev. 12/00) 3 agency and must not be released without prior written approval from the State's Authorized Representative. 'FQT:.:.:.:.:..... purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reportS,:si . '.:.:.:.: and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontr~~t' . . with:.:.:: : respect to the program, publications, or services provided resulting from this grant contract. '. : : : :::: :::: :::: :::: : ,. 13.2 Endorsement. The Grantee must not claim that the State endorses its products or services. . . .. .. . . . . 14 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15 Termination 15.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 16 Data Disclosure Under Minn. Stat. ' 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement offederal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. " 16A.15 and 16C.05. By: Signed:(~ ;kiAil~~ (with delegated authority) Title: Forestry Division Director , . -.' Date: 03120/03 Date: CFMS Grant contract No. A46929 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: " , --' Gr:mt (Rev. 12/00) 4 . . . , . .' / " \ -, \,J FIREWISE Community Grant Application 2002 Application for: Mitigation within the Minnesota Fire WISe Community Program Through Northeastern Area Hazard Mitigation - Federal Assistance FY200 1-2 Funding Community (Org~ni7:'1tion) applying for grant CJ+-j at A,~JI1VIY' Community Contact Information APplicantNam~:_k'~mH'Ok tyt"h~h Address: J ~rr C rmtH"~ ~!.vj, ~~nVN' ) MJI ES")o'f . Phone (primary): rib)) l!r -!IOD , '\ Phone (other): j'1 i ,,) 7 ',-tlsl ',~ Email: --k.4i,~f;/' rI) r i. !JhJmr. lnh. liS' Fax: (lO! i)i1'-R113 Fire Department: ~n yr-v B~ ~+ . I . Fire Chief: ~I Other Community Contacts (Optional): Name Title Phone Cin \ , ) : All local governing bodies and authorities, if applicable, must approve all projects. Attach letters of ~ ..... approval as needed. ,~ Estimated time it will take to complete this project? I~ Month(s) (Maximum 18 months) Anticipated date to start this project T m mtllih/ y Anticipated date the project will be finished S' e-it, a If \ A~g_, t: ft Date: 1.....-7]:;-03 Position: J4tl1N I .. : ..' . ~ Other signatures, as required by the ccxxfmunity: ,/ Authorized signature: Date: Position: \ AUthorized si~e: Date: , - ) Position: Authorized signature: Dp.te: ' Position: . Return completed application to: Tom Eiber MN DNR Division of Forestry, 500 Lafayette Road, S1. Paul, MN 55155-4044 Phone: 651-297-3417 Fax: 651-296-5954 FIREWISE sl3ff only FIREWISE Contact: DNR Area: Area Staff Advisor ~,) , / '- CITY OF ANDOVER ,-.J 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US Lund's Evergreen Estates/Sunshine Park Pine Thinning (Attachment 1) TIlls proj ect, consisting of 18 two and one-half acre lots with pine stands and a City park with a pine stand, is an ideal FireWise project. The health of the stand as a whole coupled with the proximity of the homes to the pines initially made this a very fIre prone area. The plan was to perform a thinning and to work with residents to lower the tire risk. As of now, most of the thinning has been completed, and residents have been educated about the risk of wildfires and actions they can take to keep their homes safer from the potential risk. .. .. A lot of slash, deadwood, and woodchips remain in the stand. Most of this woody material is in piles, which could be a fuel source for a tire; Our final objective is to have that debris tub-grinded to lower the fuel load in the stand. When complete, the pine stand will be healthier, the fuel load will. be lowered, and ~esidents will be more aware and alert / " of the danger of wildfires. These are just a few examples of the benefIts that will arise at .......). the completion of this FireWise project in the City of Andover. / I , ) -11 I ' , I r , L.J ", ! ' ; , 1<>1;:..'.""'" -, ~'"" . IWSH17NSAU' ~~..,.,':',." I",.. - .. ,. ;......'",....,.. J.-' ,,,...,.. , .,. ....,;,'1(. P=I~-.;'<' .,. ,~. c;"1"~ ~ALE"o/f~ ' '..'7.':;q. -;;;;T , : ' ", ': ~.~~ " 1, ". E57:A~ . "..~' I OAlf'WC'W ~~'j' . ~..L.'- lID. I ' e." ,.;. I ' "IJ. < Tt' ~ " . ~.~.t.t __.'"'' ,,""""'l' I . I --- ~." I ' -g ,,' , ~*~ ({, ~ '. J ." , !. - lI'ft.~ ;: . - 1.- r- ;:?<' ::.. ,""'~,,)!! I ' 'j~.<:fj T I ~:, ,.....~~.~o ".~~" I -,I- I' I ""I;r,!<' , ~ _ I; I ..l-'\. ) i : ,. " ... ;r.J;\'XI" . ... . 10'0 I' I,' " ~ c,. '. .' _~ "''',' ."" :::J :: ~~J './ ('. - _ _, __ I .. '" oF-"'~"'" ~, ... .Ai" "" -- ." 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". ~. ,."'" ~ . ,.. "~ . ,_ n ......., ;"' ...."., ~,~ ." .:: .0/: L_...J~ 'R . " 1Y'i'.!0~EJ' 1;- ~., ,"'= ~,I.,.!.J.I'I' ~ 'Ii< ~ .' tF ..._. 1 ;:.:], 0 P;.;.l..f...."" . ".. , .., .... --- . ,,~.~. ,= -=- ",&,,~ ");{;-i4-S."'-<l;-r"'"' :: ,s1'" . ~ TT'f, Ii ~ =::1 = """ ~' ".' JI ~ ' " . .... - - - :", '" :.' ._.. ;.;" 'e-.:...-J,_: = I- i .,;r; L' ' . 'L-:-J~ om - 7..;- I . . .<', 1m 1.' ,>ft "",,,i.,,,,,, ~ _tL..~ u i . -,< ,- c. ' I . Y.~ lL ~:7; ,Ii< ~, : ", "AA"I'~I"', filiSVNRIOGC ---,,=. ~r I I , , ~"" "''' ",. ~ "'~ ! t ."""""... .' , . "~~ 1--- I \ ." .. .,. (.<'.' . _..... .' - , . t. ""'" c. -~--- ,.) Ii "./. . :" . ~T.:',~': fo~::.Q:.!'.!?'~, ': ..~D~'~. :ffl:ll,:i;: ~"'-'-,: ~:Jt':. . , 1-- T" ' _ ;""".,,, ,.., j' .,.~.,", ri" a .. ~ "'. '}... ...:~ ~....."jAI/IIl1IT' " '" ~. t'; ~.. 100 II - t I -; " i+if!1, ' " . . ,,,,..J. ~~~' ' ...~" .. ,,"=J '. .' .."", "J," W" l:U'.!:";; .. I~ __ ..,.7 A'.' '_". . :~:- '.. ';' IpC-'1;' ",f{iiCID' I I C,:l' Or- r-r-,,",'.! ~!._:--:;S:' ...:::s---"',' H '~mJ.:;!:I~/~: . , "",", ,~,!DS. ,,_., .... 'c =",' - ';11,., ,,,," , I . ._,~-'. 'C., ~. ' I . , I , @ " CITY OF ANDOVER , ',J 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administratorf!V FROM: David D. Berkowitz, City Engineer SUBJECT: Hold Public Hearing/02-16/Quickstrom Addition, Continued - Engineering DATE: April 1, 2003 INTRODUCTION This item is a continuation of the public hearing from the March 4, 2003 City Council meeting. The Quickstrom Addition neighborhood petitioned in February 2002 to service the development with water. The public hearing (continued) will determine if the project moves forward. \ , ) DISCUSSION The City Council requested additional information from the residents in the Quickstrom Addition neighborhood. A letter was sent to the residents on March 5, 2003 to request the additional information. Attached are letters and e-mail responses stating whether they are in favor or against the watermain improvement. Also a new petition was circulated by Ms. Lorraine Buzick. The results are 15 against and 5 in favor of the improvement. BUDGET IMPACT The total estimated project cost is $408,150.44. The project will be funded by assessments to the adjacent properties ($231,535.33, $10,524.34/Lot) and the Road & Bridge Fund ($176,615.11). The assessments will fund the installation ofwatermain and construction of the concrete curb and gutter. The City will fund the reconstruction of the roadway. ACTION REOUlRED The City Council is requested to approve or deny the resolution ordering the improvement of Project 02-16, Quickstrom Addition. If the resolution is denied the project will be terminated. Respectfully submitted, (J~/;),&~~;j:- ) David D. Berkowitz 0- CITY OF ANDOVER COUNTY OF ANOKA ',...../ STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 02-16, QUICKSTROM ADDITION. 18th WHEREAS, Resolution No. 029-03 of the City Council adopted on the day of February , 2003, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearings were held on the 4th day of March , 2003 and the L day of April , 2003; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 02-16 , \ MOTION seconded by Councilmember and adopted by the City '--) Council at a reqular meeting this L day of April , 2003, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R Gamache - Mayor Victoria Volk - City Clerk 'i \., ) CITY OF ANDOVER , ') 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (763) 755-5100 \.,J FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US QUICKSTROM ADDITION PROJECT 02-16 RESIDENT RESPONSES TO IMPROVEMENT IN FAVOR OF AGAINST NAME ADDRESS IMPROVEMENT IMPROVEMENT Lorraine Buzick 3427 -141s' Lane NW X Vernon & Shirley Meinen 3528 -141s' Lane NW X Richard & Sandra 3464 _141s' Lane NW X Oxborouah Michael Bong 3447 -141s' Lane NW X. Eleanor Goodsell 3513 -141s' Lane NW X Brian Call 3437 -141s' Lane NW X Christy Lambert 3442 _141s' Lane NW X Melvin & Irene Kitzberaer 3548 -141s1 Lane NW X Robert & Coletta Roanstad 3420 -141s' Lane NW X Reaaie & Darlene Kinch 3452 -141s' Lane NW X - Tom Gordon 3552 -141s' Lane NW X , '\ Richard & Judv St. Clair 3508 -141s' Lane NW \"--."" X De Etta L. Holder 3432 -141s' Lane NW X Richard & Vicki Dennis 14141 Quav Street NW X Tim & Mama Palmer 3523 - 141Sl Lane NW X Additional from New Petition IN FAVOR OF AGAINST NAME ADDRESS IMPROVEMENT IMPROVEMENT Neil Edaarton 3518 - 141s' Lane NW X Judv Gair 3533 -141s' Lane NW X Mav Patten 3543 -141s1 Lane NW X Trov Boettcher 14129 Quav Street NW X Wes Mand 3457 -141s1 Lane NW X I TOTAL I 5 I 15 I * In favor of watermain improvement, not in favor of street improvement , \ \J Page 1 of 1 Dave Berkowitz From: Lorraine Buzick [Ibuzick@msn.com] , " \ Sent: Saturday, March 08, 2003 10:28 AM '-j To: dberkowitz@ci.andover.mn.us Subject: Quickstrom Addition To Whom it May Concern: I am against the watermain improvement project. Sincerely, Lorraine Buzick 3427141 Lane N. W. Andover, MN. 55304 I ',----" \ , ,J 3/10/2003 Page 1 of 1 Dave Berkowitz From: VJMeinen@aoLcom '. Sent: Sunday, March 09,200312:36 PM "-/ To: DBERKOWITZ@CI.ANDOVER.MN.US Subject: WATER PROJECT RE 141ST LANE NW RE YOUR RECENT CORRESPONDENCE WE ARE IN FAVOR OF PROCEEDING WITH THE PROJECT. WE OWN THE PROERTY AT 3528 141ST LANE NW. WE FEEL THERE ARE MANY ADVANTAGES TO HAVING CITY WATER AVAIBLE. THANK YOU __VERNON AND SHIRLEY MEINEN \ } '--' \ , j 3/1 0/2003 Page 1 of 1 Dave Berkowitz From: sdox [sdox@msn.com] " Sent: Sunday, March 09, 20031:34 PM , I , .. To: dberkowitz@ci.andover.mn.us Subject: Proposed improvements for Quickstrom Addition March 9, 2003 Mr. David D. Berkowitz, P.E. This letter is to inform the City Council that we are totally opposed to Project 02-16, which would bring city water and street reconstruction to our home. Not only is the price totally out of our reach, but we are also looking at a possible increase in our property taxes due to the school district. Our street is only 10 years old, I believe, and to tear it up is a waste of our money. Our well is just fine and I see no reason why we would need city water. It is our sincere hope that the City Council will take a long look at the hardship that this will bring to not just us, but many of our neighbors, especially in this day and age when we are a sneeze away from a recession. \ We will be attending the meeting set for April 1 , 2003. '_/ Thank you in advance for your attention to this issue. Regards, Richard and Sandra Oxborough 3464141 Lane North West Andover, Minnesota 55304 (763) 427-4233 ~ , . I 3/10/2003 Page 1 of 1 Dave Berkowitz From: Michael Bong [mvbong@msn.com] / "- } Sent: Sunday, March 09, 2003 10:29 PM - - To: dberkowitz@ci.andover.mn.us Subject: Quickstrom AdditionlWatermain & Street Reconstruction/Project 02-16 March 9, 2003 Dear Mr. Berkowitz, Thank you for your letter dateo March 5, 2003. This is to confirm as requested that I would like to be connected to the Public Watermain system, but do not think it necessary to widen or reconstruct the road. Thank you. Sincerely, Michael Bong Property Owner 3447 141st Lane NW Andover MN 55304 Get more from the Web. FREE MSN Explorer download: htto://explorer.msn.com , \ '- ./ \ , 3/10/2003 .d~~' I ..3s-/3 - /LJ I ;!YrL h' eM I Cb..AdZo~7u...'7l ~S::-sOC( 1 1 / " ~~~: 3' -~- 0...3 " I, ~9t~~1O~~ I~?~~ I j2Alv~~v~~~ \~ ~! C /.. J~-----~ ~, ......-ti-~ ~ '( ~~( ~~~~~7j~ ~~~ ~CLH ~~,~- k ~ ," j2 ~ ~ ./puY ,j~ 411J ~~., Y tiu- ~ ~ po du" 9-Y/ ~ i0 cb~a~- ,~-::!~~~ , '_J 1 RtCEIVED a~4-f~~ I i ,. I a aJ03 CITY OF ANDOVER / \ ....- ./ Page 1 of 1 Dave Berkowitz From: BasketCall@aol.com '\ Tuesday, March 11, 2003 12:08 PM \_~ I Sent: To: dberkowitz@ci.andover.mn.us Subject: Quickstrom Addition 'Vote" Hello David, My name is Brian Call and I live at 3437141 Lane Nw. I am sending this e-mail in response to the letter which I recently recieved. My vote is NO...opposed...againsLnot for...don't wanLnay...nah, ah...nope...and I must ad that I'd rather not have city water put in on out street. Have a good day, see you April 1st Brian ~.J , \ I \.~/ 3/11/2003 Dave Berkowitz From: Chris Lambert [Chris@prcilab.com] Sent: Thursday, March 13, 2003 7:32 AM ,To: dberkowitz@cLandover.mn.us ~-..../;ubject: FW: watermain improvement -----Original Message----- From: Chris Lambert [mailto:Chris@prcilab.com] Sent: Thursday, March 13, 2003 7:20 AM To: dberkowitz@ci.andover.mn.us Subject: watermain improvement I am against the improvement project for our block. I feel only the people that are in need of new wells are for it. I suppose that makes sense though. I have had no problems the 5 years I have lived there and see no reason to change things. I know some signatures were changed when the survey was taken by the gal in the neighborhood last summer, i feel that was pretty deceiving. If the proposed changes do go forward I am afraid I will probably be forced to move, or loose my home. I am recently going through a divorce and the added expense will certainly be too much for me to handle with the care of my 3 girls on my own. I pray it does not happen, I can't see uprooting my family at this time, I have struggled to change my life to afford a home for us to continue living as we have in this area that we like so much. I don't ever seem to get to the public hearings since two of my children are under 9 and i don't have the chance to get out in the eve much. Please share my opinion if needed at the public hearing as an against the improvement. Thank you. Christy Lambert 3442 141st 712-9516 \ \,-.J , ) 1 Page 1 of 1 Dave Berkowitz From: IRENE KITZBERGER [irenekitzberger@excite.com] , " \J Sent: Wednesday, March 12,20035:49 PM To: dberkowitz@ci.andover.mn.us Subject: Watermain Improvement Project-Quickstrom addition Reference your letter of March 5th. Our vote is 'no' to the proposed improvement at this time. We have a new well 3 years old. Melvin and Irene Kitzberger Join Excite! - http://www.excite.com The most personalized portal on the Web! , , ) \ I " / 3/13/2003 Page 1 of2 Dave Berkowitz From: IRENE KITZBERGER [irenekitzberger@excite.com] , '.J Sent: Thursday, March 13,20035:06 PM To: DBerkowitz@ci.andover.mn.us Subject: RE: Watermain Improvement Project-Quickstrom addition Sorry for omitting the address. I meant to, and then forgot. Mel & Irene Kitzberger 3548~ \y\?t Andover, MN 55 (763) 421-5924 Irenekitzberger@excite.com ___ On Thu 03/13, Dave Berkowitz < DBerkowitz@cLandover.mn.us> wrote: From: Dave Berkowitz [mailto: DBerkowitz@cLandover.mn.us] To: irenekitzberger@excite.com Date: Thu, 13 Mar 2003 10:31:39 -0600 Subject: RE: Watermain Improvement Project-Quickstrom addition Hi Mr. and Mrs. Kitzberger, Thank you for your response. Can you please attached you address tothe email. This will help us trackthe responses. ) Thank You , -----Original Message----- From: IRENE KITZBERGER[mailto:irenekitzberger@excite.com] Sent: WedneSday, March 12, 20035:49 PM To: dberkowitz@d.andover.mn.us Subject: Watennain ImprovementProject-Quickstrom addition Reference your letter of March 5th. Our vote is 'no' to the proposed improvement at this time. We have a new we old. Melvin and Irene Kitzberger .--....------- - Join Excite! - http://www.excite.com The most personalized portal on the Web! \ , ) Join Excite! - http://www.excite.com 3/14/2003 Page 1 ofl Dave Berkowitz From: Rognstad, Coletta [Coletta.Rognstad@anoka.k12.mn.us] , , '. ) Sent: Monday, March 17, 20032:54 PM -- To: 'dberkowitz@ci.andover.mn.us' Subject: quickstrom addition/watermain & street reconstruction This e-mail is to inform you we are FOR the watermain improvement project. Quickstrom Addition. Our name & address is: Robert and Coletta Rognstad 3420 141st Lane NW Andover, Mn. 55304 Thank you, Coletta Rognstad \ " .J , J > 3/17/2003 ( ., CITY of ANDOVER j 1685 CROSSTOWN BOULEVARD NW . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 RECEIVED March 5, 2003 MAR I 8 2003 , : elT\! flC- P""'" --" ~ t,~;:="_.: ":-::'; ~:.' \: _ ~-; Re: Public Hearing for Proposed Improvement (Continued): Quickstrom AdditionlWatermain & Street Reconstruction/Project 02-16 Dear Resident: The City Council has requested additional information to determine, if the, proposed improvement project should move forward. Please, write or email me at City Hall stating whether you are for or against the watermain improvement project. This request is to verify that the information we, have is correct. We are asking you to respond even if you have' submitted COmments or letters previously. Please submit the information no later than, Monday, March 24, 2003. The estimated cost for the improvement is $10,524.34. , The Public Hearing will be continue at the April 1, 2003 City Council meeting. \ , I can be reached by email at dberkowitztw.cLandover.mn.us If you have any questions, feel freeto contact me at (763)767-5133. Sincerely, ~O.~ David D. Berkowitz, P.E. ' ' City Engineer DDB:rja cc: ' Mayor & City Council 111aM/d'~~: . . .. . .'~fU~7ttx ! J 3L/~:2--j#~-tj~, A/ttJ'( fl ;lc!c)t) e.....V'- '. ' , . " -?b :5 ~ fk:;2/~c;f7~ Page 1 of 1 Dave Berkowitz From: Trtgordo@aol.com :~ Sent: Monday, March 17,20038:50 PM To: dberkowitz@cLandover.mn.us Subject: AdditionlWatermain & Street Construction/Project 02-16 Mr. Berkowitz, My wife and I are voting NO on the Construction Project. We just moved in less than a year ago, and have a new well. We do not wish to have city water. Thanks, Tom Gordon 3552 141st LN NW Andover, MN 55304 763-712-9693 :, ) . '\ '- ) 3/18/2003 Page 1 of 1 Dave Berkowitz From: sdox [sdox@msn.com] :,J Sent: Monday, March 17,20038:58 PM To: dberkowitz@ci.andover.mn.us Subject: Quickstrom Addition March 17, 2003 Mr. David D. Berkowitz,P.E. City Engineer This letter will serve as notice to the City Council of Andover that we are not in favor or Project 02-16, Watermain and Street Reconstruction. The price is insane. We could put in a new well for half of the estimated cost proposed. We just received our property tax statement and guess what? You got it, and increase in property taxes. With our country close to war I just can't see anyone asking us to spend what you propose. Please take everything into consideration when you ask the people in Quickstrom Addition to spend this kind of money for items they do not need or want. C) Yours truly, Richard & Judy St.Clair 3508 141st Lane N.W. Andover, Mn. 55304 (763) 421-1514 \ ) 3/18/2003 Page 1 of1 Dave Berkowitz From: deetta1234 [deetta1234@msn.com] \ Sent: Thursday, March 20, 2003 3:58 PM \__/J To: dberkowitz@ci.andover.mn.us Subject: Addidion/Watermain & Street Reconstruction Project 02-16 This letter is to notified you that I am opposed to the above mentioned project. It is my position that the watermain should wait until the regularly scheduled time for street reconstruction. It is my understanding that this would be scheduled in approximately 4 to 5 years. I think to prematurely reconstruct the street solely for this purpose would be a waste of resources. De Etta L. Holder 3432 141st Lane NW ~dover,~ 55304 (763) 427-6686 \ ,j , ) 3/20/2003 Dave Berkowitz From: Vicki Dennis [vrdennis@hotmail.com] Sent: Sunday, March 23, 2003 9:45 PM , To: dberkowitz@cLandover.mn.us \ ,-j From: Richard and Vicki Dennis 14141 Quay St. NW Andover, MN In reply to your question about the watermain improvement project in the Quickstrom addition - WE ARE AGAINST IT. MSN 8 helps eliminate e-mail viruses. Get 2 months FREE*. http://join.msn.com/?page=features/virus ,~,) ,) 1 Page 1 of 1 Dave Berkowitz From: Marnaleep@aol.com ''\ Sent: Monday, March 24, 20031:33 PM \, / To: DBerkowitz@ci.andover.mn.us Subject: Watermain/Street Construction 141st Lane NW Mr. Berkowitz: My husband and I are responding to your letter for input regarding the proposed "upgrade". This was started by a resident of the street who has problems with her well and does not want to upgrade her property. We have invested in a good well that has functioned for us for many years and do not want the over $10,500 cost to us because it would be easier for her. This cost would also be increased by the number of dollars that each resident of the street would have to put out to have their yards dug up and repaired in order to lay the pipe from their homes to the street. We also do not want to tear up our yard to connect to water, and do not want to pay for the cost of city water when we have an excellent well. We were interested to see a resident of our street out with another questionaire of the residents that appeared to show the majority do not want this project to happen. We are interested in finding out the results of this more recent survey now that everyone has a more realistic idea of what this would cost. Thank you for allowing us this input. Tim and Marna Palmer 3523 141 st Lane NW '1 ,__J / '\ , ',J 3/24/2003 08.-1(0 / .. CITY of ANDOVER \ ' \.~-_/ '1685 CROSSTOWN BOULEVARD NW.. ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX(763) 755-8923 , /",' . . Date: ~/ 1:1"" ~I (1' /,j / ~ 3t3lO3 . No. Andover City Council Members: We, the undersigned, owners of real property in the following described area: .Qu 1('.c/{.<l;lr 0 Y}1.) // drh fl'~ r'G Do hereby petition that said po~ion of said area b~ improved by construction. ofGity i r '/C'e" , .. 'es'/; >Y7 oQN2\ 1- IVy/in..; Y'rWeiYlP;' i is JtjJ5,.y 'i3Y' ',::> r'() 'i~(i f. /-. ......., . . .. .. .' .' . ....... - ." . , and that the cost of said improvement be assessed against the benefiting property, as authorized by , , Chapter 429, Laws of Minnesota. ' . . ') ~~;)--' SIGNATU -.;,..---, ". ./ -' Thispetitionwascirculated by: (:Jf,tr-a//JY'/ fJvBu-:]/r,C' . ,'.'... .of Addre~s: 34 a7 - ,.,.. IiI Janr'_/lI. /1).: '. Jlf)dO'J~<. mY) Q5:~hy . .,G:\DATA\ST~'lFORMS\neigtlbothood petItIon.dOC . . / '\ CITY of ANDOVER '_j 1685 CROSSTOWN BOULEVARD NoW.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 , ' Datet:;~a'I(";{; / '1 acJ23 . ~ : ' Andover City, Council Members: We, the undersigned, owners of real property in the following described area: , C) /L I c!- 1(,5'!.. , Q,-rU " /I c/~-l -I C) ;'[ Do hereby petition that said portion of said area be improved by construction, " . . of City' - - Ct '..sf;,-- . ("' 'sf: f; es/'rnp;./e dros -I -kr 1m J.Jroi/em~/'1f I'--~ >5/21, 3'c)~.:3Lj , . . ." : . -. ' . and that the cost of said improvement be assessed against the benefiting property, as authorized by " Chapter 429, Laws of Minnesota. ' ..' . \ '...-' SIGNATURE OF OWNER '--^ ' '../ '\Q, , _J This petition was circulated by: . teL '. Addre~s:3'/a7~(tf/J.an&A/uJ '. ~(/vr.-~'/UIJ1I1 5530</"';' G:\D,A"TA\STAFF'tRHONOMIFORMS\neIghborhoocl petIliorl.dOC . , "- ,j i\S,..:3 (lQ lures, I d-\ d nut 3c+ U}iJIu ,ire (e a led a4tmpfs. E,(fI",i/ I i I 3-:555 - /Lf/ Lane /tItU :! , lCif'lc A/tU I I Lj / ~(,S i 0VL/ 7 - , Ii / Lan c /ViB i 3~03 - , 'I I 3..508 - 1'-(/ lonE M NO d I 310'1 - Iii Jane.. /t/ tJ , No , . " :i i I i , l i ; i I ,I , ,I i \ ,I '-~- / ;\ 'i ,i :1 I , ,I 'I I I ,I I ,I 'I I 'I '! II 'I :1 i I '. I I I ! ! , " i 1 i '-- ~ i 11 Ii i I I I ~ ! i i 0) , J CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD N.W. . ANDOYER, MINNESOTA 55304 · (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOYER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator]7't/ , I Will Neumeister, CommunitYDevelopment DirectortAi:Jv-- FROM: Jon Sevald, Planning Intern~? SUBJECT: Public HearinglVacation of Easement/3934 l46th Lane NW/ Mark & Kim Kurtz - Planning DATE: April 1, 2003 INTRODUCTION The City Council is asked to hold a public hearing to consider vacating an existing drainage and utility easement on the above referenced property. \ DISCUSSION \._ i The property owner has requested that a portion of an existing drainage and utility easement be vacated. The existing easement includes a significant amount of the rear yard where the property owner wishes to expand a patio. An easement along the lOO-year flood plain boundary will remain, located in the far south comer ofthe rear yard. This item was tabled at the March 18th Council meeting to allow staffto investigate further residents concerns that the applicant was encroaching upon park land located behind the applicant's property. After investigating, staff has directed the applicant to remove a shed, garden, and a birdhouse from the drainage easement and/or parkland. The applicant has also been directed to stake out the property boundaries and to cease mowing into park property. This has been added as a condition of the resolution. The applicant has agreed to these requests. The engineering department has reviewed the proposed easement vacation and has determined that the proposed portion of the existing easement can be vacated without impacting drainage on the site. Existing drainage & utility easements along the property lines will be extended across the vacated area to connect with the 100-year flood plain as is typical in these situations. Attachments Resolution Location Map , " Property Survey _J Photographs ,1' :-J ACTION REOUIRED The Council is asked to hold a public hearing and approve the proposed vacation of easement. Respectfully submitted, ~OY'~~ Jon Sevald Cc: Mark & Kim Kurtz 3934 l46th Lane NW Andover, MN 55304 , , \ '-.....J ! '-..../ ~~. CITY OF ANDOVER :J COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION GRANTING A VACATION OF EASEMENT TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT LOCATED ON PROPERTY LOCATED AT 3934 146th LANE, NW (PIN: 29322423 0012) LEGALLY DESCRIBED AS: Lot 22, Block 1, Meadows of Round Lake, Anoka County, Minnesota. WHEREAS, Mark and Kim Kurtz have requested to vacate a portion of a drainage and utility easement located on property at 3934 146th LN. NW, and: WHEREAS, that portion of the drainage and utility easement to be vacated is legally described as: That part of the drainage and utility easement as shown on the plat of THE MEADOWS OF ROUND LAKE, according to the duly recorded plat thereof, described as follows: Commencing at the most westerly comer of Lot 22, Block 1, said THE MEADOWS OF ROUND LAKE; thence North 59 degrees 22 minutes 18 seconds East, assumed bearing, along the northwesterly line of said Lot 22 a distance of . ) 10.00 feet to the point of beginning of the land to be herein described; thence ,__ south 29 degrees 29 minutes 26seconds East a distance of91.71 feet; thence South 74 degrees 37minutes 59 seconds East a distance of 15.72 feet; thence North 58 degrees 56 minutes 37 seconds East a distance of 22.13 feet; thence South 89 degrees 47 minutes 22 seconds East a distance of 19.37 feet to the southeasterly line of said Lot 22; thence North 25 degrees 18 minutes 35 seconds East along said east line a distance of 11.02 feet; thence North 81 degrees 33 minutes 55 seconds West a distance of 37.32 feet; thence North 42 degrees 51 minutes 55 seconds West a distance of 85.00 feet to said northwesterly line; thence South 59 degrees 22 minutes 18 seconds West, along said northwesterly line, a distance of 10.00 feet to the point of beginning. Except the northwesterly 5 feet thereof and also except the southeasterly 10 feet thereof. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as described in this resolution subject to the following conditions: , \ ) 1. That a drainage and utility easement will be established along the 100-year flood elevation of 869.0 of the property. - 0- ! \ 2. That the existing drainage and utility easements along the north and south property lines '-J are extended to the 1 DO-year flood plain. 3. That the property owner stake the property boundaries. 4. That any encroachment upon the drainage and utility easement and/or parkland, including a shed, birdhouse, and a garden with railroad ties be removed to conform with applicable ordinances to be confirmed by the city, prior to release of this resolution. 5. That the portion of the existing retaining wall encroaching upon the drainage and utility easement along the southwest and southeast property boundaries be removed. 6. That the applicants cease to mow into park property. Adopted by the City Council of the City of Andover on this 1st day of April 2003. CITY OF ANDOVER ATTEST: Mike Gamache, Mayor Victoria V olk, City Clerk , '-..) , , '-- / ...4- 3934 146th Lane NW Vacation of Easement .. , , , .....,~ II ,~, ~ I&z3o 4180 4110 4060 ~ ~ '\ 14820 t; ~, 4225 r------- ~ 14821 4175 4115 " (,): 2 14800 .... }.'t "y" ~l\l~~< :,;,.--: __ ~ "'J 'i: L.;';'<,:\) ~, ~ i2 ;!~ ---=:::: 1AriU ~I j. 14791 .,,;:,.,.jC,j :., Ilil;"""'''':';: ~ .'.,'. .Niif};'t;!' 4745 4050 . .:'. 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"';4392_ ~4407 g l~~! :; ''3241-:: .4311 '43'. I~ ' p",an _ :; "......... _ '4311 ~ r ~ 14450 14457 :; ,.... I): 3755 3737 · ,~ '43 n A\J "- /7 1 :'JMi~ ~ 14298 3740 37 / ni '7 ~ 14288 .42lII.e 14278 .4271l I ~ 14268 .e , ') , / . Project Location Map W~I . _ 5 ~ Andover Planning _RND SURVEYING TEL:763-493-5781 Mar 12,03 16:39 NO.004 P.02 HY-LAND SURVEYING. P.A. LAND SURVEYORS INVOICE NO. 252JJ / ; 8700 Jell....on High"OY r.B. NO. JD' ~,.....I Osseo, Mmlsoto ~~J69 SCAlE ,-. N PHONE (76J)49J-~761 FAX (78J)49J-~781 &Ur1JlYors <alrliftndl w E S MARK KURTZ 'l'"~ ( ~ \ 1-~ I IO.oo...r~-_ ~o~ W;-:erIe::;~ _ ~... . I \ \ ... 0, / \ \., / I hDAT_&mI alii) UTILITY KASJIIIIDIT 'ft) ilK vat!a.'I'm) '1'bat plitt of the drainage lIIl4 utility e_t .. ._ on th.. plat of 'l'HII MBADllIIS OF ROIlIlD LUll, .ccording to the dilly recorded plat the......f, de.cribed .. foll..... eo..e.1I,ing .t the ..,.t ...terly coruer of Lot 22, 810cll 1, .dd 'l'HII IGlADCllllI OF ROtIlID LAIaI; thenee IIorth 5t ~. 22 IliDut... II ..eond. "'t, .......d beariDg, along the DOrtIIw.tarl~iDe of .dd Lot 22 . diet.nee of 10.00 feet to tbe ~lJJt of be9 lng of the Iud to be hereln de.crillecll u.- leNt 2' degre.. :at .lnut.. 26 eeconda ".t . dl.tance of tl.71 feet, tbaace 80uth 74,degr8a. 37 .inute. 59 .econdll ...t . diet_ of 15.72 feet, t_ IIotth 51 degree. 55 .lnute. n .eeondll ...t . lU.tanee of 22.13 feet, thence Bouth It degree. 47 aloute. 22 .econd. ...t . dl.t.nee of It.37 feet to the -.the..terly 1:1."" of ..ld Lot 22, thence IIotth 25 degre.. 11 III1nute. 35 .econdll ...t along ..id ...t U... . di.tanee of 11.02 f..et, thenee Worth n d."..... 3J allNt.. 55 ..conda .e.t . eIi.tance of 37.32 feet, thenee IIorth 42,d."..... 51 .loute. 55 ...cond. ...t . dl.tanee of 85.00 feet t!) .dd northft.terly line, thence SOUth 5t d~. 22 .imlt.. 18 ...-.d8 lINt, .l~ .dd nortlnnlat.rly Une, . eIi.tanee of 10.00 f..t to the po nt of beginning. Ilxeept the northft.t.rly S f...t tllereof ud 81.0 except the .outhea.terly 10 feet t~f. . \ n-.:=..~:::. ~ ~ '.:...rwr: ~,;..~rloor-'r-" , . ) . ....., ClII'tlt, ltlot 'hi. IUrw1 ... prepared by me or "ncIIr m, Clirtct ",ptrvl.ion. and ,"ot I om a duly Rt9I".td Lond Surwp uftdw tM la.. of thl Slata of "lnnMOta. S1~.d SurvejOd b~ u. thl. 21st doy 01 r ebruary .20 03 1\..1""'; -...11 ~."""'$ lZ&.... Mo.. I'\. , ~D~3 I;" . l! MAR 122003 16:15 ..t,," 763 493 5781 PAGE. 02 , " J View from approximate rear yard corner boundary looking south. Shed shown on right, birdhouse in center of picture. \ \ ) '. ) / This aerial photograph taken in 1999 shows the approximate boundaries. -"1- 0-0 :~ CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD N.W. . ANDOYER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOYER.MN.US TO: Mayor and Councilmembers CC: John Erar, City AdministratoI'~ Will Neumeister, Community Development Director ~ FROM: D. Tyler Mckay, Associate PlannerLJl/7 SUBJECT: Consider Lot Split at 16034 Crosstown Blvd. -- Planning DATE: April 1, 2003 INTRODUCTION The property owner is seeking approval of a proposal to divide the subject property into two urban residential lots. The purpose is to create separate lots for existing home and business uses. This property will be further subdivided into 42 single-family lots into the Constance Comers . '\ plat '- ; ~ DISCUSSION The attached survey indicates how the property will be divided. Both lots will exceed the minimum lot width, depth and area requirements of the R-4 Zoning District Staff has approved the preliminary plat for Constance Comers, and is now going through the feasibility study. They are splitting to expedite the sale of the land. Planning and Zoning Recommendation The Planning Commission unanimously recommended to the City Council approval of the lot split request ACTION REOUlRED The Council is asked to approve the proposed lot split Respectfully submitted, "- I~ I D. Tyler Mckay " / 0 Attachments Resolution Location Map Property Survey Cc: Reynold N. Orstad 16034 Crosstown Blvd NW. Andover, MN 55304 \ ,-.J '- ) 2 CITY OF ANDOVER . "- .J COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR REYNOLD N. ORSTAD TO SUBDIVIDE INTO TWO LOTS PROPERTY LOCATED AT 16034 CROSSTOWN BOULEVARD NW LEGALLY DESCRIBED AS FOLLOWS: The Northeast Quarter of the Southeast Quarter, except the north 208.00 feet of the east 520.00 feet thereof, Section 14, Township 32, Range 24, Anoka County, Minnesota. EXCEPT that part of said Northeast Quarter of the Southeast Quarter lying within the Right-of-Way of the Burlington Northern and Santa Fe Railroad. Subject to Anoka County Highway Right-of-Way Plat No. 20. Subject to the Right-of-Way of County Road No. 18. To be subdivided into the following parcels: PARCEL A: That part of the Northeast Quarter ofthe Southeast Quarter, Section 14, Township 32, Range 24, , Anoka County, Minnesota, described as follows: '-~ Commencing at the northeast comer thereof; thence on an assumed bearing of South along the east line thereof, a distance of208.06 feet to the south line of the north 208.00 feet thereof; thence North 88 degrees 40 minutes 45 seconds West, along said south line, a distance of60.02 feet to the west line of the east 60.00 feet thereof and to the point of beginning of the tract of land to be described; thence on a bearing of South along said west line, a distance of 5.00 feet to the south line of the north 213.00 feet of said Northeast Quarter of the Southeast Quarter; thence North 88 degrees 40 minutes 45 seconds West, along said south line a distance of 92.09 feet; thence South 33 degrees 44 minutes 36 seconds West a distance of 174.32 feet; thence southeasterly along a non- tangential curve, concave to the southwest, having a radius of 110.00 feet and a central angle of 56 degrees 15 minutes 24 seconds, a distance of 108.01 feet, the chord of said curve bears South 28 degrees 07 minutes 42 seconds East; thence on a bearing of South, tangent to said curve, a distance of 222.36 feet; thence on a bearing of West, a distance of 328.84 feet; thence South 01 degree 20 minutes 35 seconds East a distance of275.03 feet; thence North 68 degrees 10 minutes 46 seconds West a distance of 163.48 feet; thence North 64 degrees 54 minutes 58 seconds West a distance of 677.58 feet to the east right- of-way line of the Burlington Northern and Santa Fe Railroad; thence northerly along said east right-of-way line, a distance of 624.80 feet to the north line of said Northeast Quarter of the Southeast Quarter; thence South 88 degrees 40 minutes 45 seconds East, along said north line, a distance of751.12 feet to the west line of the east 520.00 feet thereof; thence , \ on a bearing of South along said west line, a distance of 208.06 feet to the south line of ,~) the north 208.00 feet of said Northeast Quarter of the Southeast Quarter; thence South 88 3 ~J degrees 40 minutes 45 seconds East along said south line a distance of 460.12 feet to the point of beginning. Subject to Anoka County Highway Right-of-Way Plat No. 20. PARCEL B: That part of the Northeast Quarter of the Southeast Quarter, Section 14, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the northeast comer thereof; thence on an assumed bearing of South along the east line thereof, a distance of208.06 feet to the south line of the north 208.00 feet thereof and to the point of beginning of the tract ofland to be described; thence North 88 degrees 40 minutes 45 seconds West, along said south line, a distance of 60.02 feet to the west line of the east 60.00 feet thereof; thence on a bearing of South along said west line, a distance of 5.00 feet to the south line of the north 213.00 feet of said Northeast Quarter of the Southeast Quarter; thence North 88 degrees 40 minutes 45 seconds West, along said south line a distance of92.09 feet; thence South 33 degrees 44 minutes 36 seconds West a distance of 174.32 feet; thence southeasterly along a non-tangential curve, concave to the southwest, having a radius of 110.00 feet and a central angle of 56 degrees 15 minutes 24 seconds, a distance of 108.01 feet, the chord of said curve bears South 28 degrees 07 minutes 42 seconds East; thence on a bearing of South, tangent to said curve, '\ a distance of222.36 feet; thence on a bearing of West, a distance of328.84 feet; thence , ) South 01 degree 20 minutes 35 seconds East a distance of275.03 feet; thence North 68 '-..../ degrees 10 minutes 46 seconds West a distance of 163.48 feet; thence North 64 degrees 54 minutes 58 seconds West a distance of 677.58 feet to the east right-of-way line of the Burlington Northern and Santa Fe Railroad; thence southerly along said east right-of-way line, a distance of 698.80 feet to the south line of said Northeast Quarter of the Southeast Quarter; thence South 88 degrees 27 minutes 56 seconds East along said south line, a distance of 1247.23 feet to the southeast comer thereof; thence on a bearing of North along the east line thereof a distance of 1120.76 feet to the point of beginning. Subject to the Right-of-Way of County Road No. 18. WHEREAS, Reynold N. Orstad has requested approval ofa lot split to subdivide property pursuant to Ordinance No. 40, located at 16034 Crosstown Boulevard NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8 and 40; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and . '\ WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of ) '-' , the lot split as requested. 4 / \ NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby '---j agrees with the recommendation ofthe Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. The lot split shall be subject to a sunset clause as defined in Ordinance No. 40, Section II1(E). Adopted by the City Council of the City of Andover on this first day of April, 2003. CITY OF ANDOVER ATTEST: Mike Gamache, Mayor Victoria V olk, City Clerk ~ , J ---" , " ,_/ 5 ~ ~ ..~~~ :" i I:7l "~ C I Z .:;;~ co ~5 >- 15:.:; ~ .. ;;;] -.:7' u). ~c ~ 00 " .. ~ E' ~ nO ~ ., . ~ 0 . 8' . j OJ .. ~ ~ ," ~ "" -. ,0 " ..." ~ -gO" .", ~. ~ " "0 '0 Q\ . 0 ~ ~ , .; ., .U ,,~ .. ~ _ <, .. S · ~OCOC n,._, ., ., ~~~~ "H 0, \J ... ~z~~ '..,. C Q n _ ~ ~ ~ ~.. .... W" ~ ~ U ~ 0 0 "n @ CZ~oc<il ~.. .. ~ : " ~ ~ U . ~. ~, "t3oc~", n' ~~~~- nO ,,~~>~ . "': 1tI ..... " 0 D ." ::t '- "'" \' I 'E :2 -I 0;;;] 00 hi) I I - I i~ j , ." ~ '" Q)-o \ =~ \- 00 - i-o~ ,-- r I ..j . 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WWW.CI.ANDOYER.MN.US TO: Mayor and Council Members CC: John Erar, City Administrato#/ David D. Berkowitz, City EngineerDv.2) FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Discuss Request/03-2/Woodland Creek Golf Villas - Engineering DATE: April 1, 2003 INTRODUCTION This item is in regard to some concerns that have been raised by the developer/owner regarding the potential trunk sanitary sewer as part of the Rural Reserve Area that would be extended through the Woodland Creek Golf Villas development and golf course, Project 03-2. DISCUSSION At this point, the developer would like to record the Registered Land Survey at Anoka County but is not able to do so until an additional drainage and utility easement for the trunk sanitary sewer has been prepared and dedicated to the City in a recordable form, which was a condition of the lot split . '\ approval (see attached resolution). Attached is a letter from the developer/owner expressing ---..) concerns for this potential trunk sanitary sewer line that would serve the Rural Reserve Area. The developer/owner requests that the concerns stated in the letter be included in the language of the easement document. Note: In reviewing the letter, staff acknowledges the concerns that are identified by the developer/owner. Although the Rural Reserve Area has not been approved by the City Council, it is staffs intention when construction begins to work with the developer/owner to avoid as much of the golf course as possible, minimize the construction area and restore the golf course after construction to a condition equal or greater than it was prior to construction. ACTION REQUIRED No action is necessary by the City Council due to the fact that the Rural Reserve Area has not been approved and detail design plans of the sanitary sewer trunk line have not been ordered by the City Council. Without a design, it is difficult to determine what impacts it may have on the golf course. Staff recommends that the language in the letter !!Q1 be part of the easement document but that the City Council acknowledge the concerns Olvan Properties has regarding the impact future construction may have on Woodland Creek Golf Course. Respectfully submitted, '\ ;(tY~~ , '-/ cc: Olvan Properties LLC, PO Box 67, Forest Lake, MN 55025 03-20 . r ~'" "fi;ll r -' \-1"-' '. ~ 'U!- \j !_~ ..- -, ~,J otvlNY\l pyoperl:~ LLC. l ~ ~7_:f."J . \ I P.O 'B01V 67 fcwe!if; LaJc.e, J MN 55025 Cl-:-" r'-- i\ 1\'~'nl. R Ii Y !jr (\:'\t..i'v~ L.l City of Andover March 5, 2003 1685 Crosstown Blvd. NW Andover, MN 55304 Attn: City Planner - Courtney Bednardz Re: Conditions for execution of Sewer Trunkline Easement on Woodland Creek G.C. We are concerned over the future proposed Sewer Trunkline that would be constructed through our property on, Woodland Creek Golf Course. As stated in the past we do not have a concern about granting an easement to the City of Andover, just concerns on how and when the construction would begin, and the costs related to reconstructing the Golf Course back to its original condition. We have put together a list of our concerns, along with some estimated costs of reconstruction. All costs are TBD depending on how many greens, tees, fairways, irrigation lines, and trees are destroyed during construction. \ \..J - Entrance onto Easement: We prefer that the only entrance would be off ofS. Coon Creek Dr. This would keep additional damage to parking area, and other areas of the Golf Course to a minimum. - Time of Year construction would begin: We prefer that any construction would begin after Nov. 1 of the current year. This would alleviate any compensation from the City of Andover, to the Golf Course for loss ofreven-ae during prime time of the golf season. However, there will a undetermined amount of time in the spring, that the affected area would be closed due to a grow-in period (3 months usually). If Construction would begin during Golf season, we feel this would be catastrophic to our business. We would lose a substantial amount of golfers due to the golf course being under construction, even with the construction of temporary greens and tees. - Estimated costs of Golf Course reconstruction: Prep work before construction begins: - Install temporary Greens............................. ..$15,000/green - Install temporary Tees................................ ..$1,750/tee - Removing existing irrigation...... .... ..... ..... .......$1,280 - Install Temporary irrigation to temp. areas......... ..$2,500 - Grow-in Labor/Materials of temporary areas.......$7200 '\ \.. /! , \ Costs of reconstructing Golf Course after complete installation: -,J - Install USGA Greens...... ...... ...... .............. ....$40,000/green - Install New Tees...................................... ....$2,750/tee - Reconstruct Fairway................................... ..$4,800 - Irrigation................................................ ...$20,000 - Installing New Trees......... ....... ..... ....... ..... ....$7,500 - Grow-in LaborlMaterials (3 Months Min).. .. . .... . ..$10,800 - Architectural Designer. ...... ..... ... .... ..... ........ ...$5,000 - Estimated Costs with Proposed 150 Easement......$233,080.00 We understand the City of Andovers reasoning to bring the proposed sewer trunkline through the Golf Course. However, we would like to have these very important concerns addressed. We would prefer to have these concerns put into the language of the easement documents, so it will be on record for future Councils and Staff to make reference too. We appreciate The City of Andovers willingness to work with us on this project, to get these issues resolved. Sincerely, <J Olvan Properties, Michael Olson Ronald Vannelli C_) - " CITY OF ANDOVER '-J COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 012-03 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR OL VAN PROPETIES TO SUBDIVIDE INTO TWO PARCELS THE WOODLAND CREEK GOLF COURSE LOCATED AT 3200 SOUTH COON CREEK DRIVE LEGALLY AND DESCRIBED AS FOLLOWS: Outlot A, Woodland Creek, Anoka County, Minnesota To be divided into properties to be described as; Tract A. Registered Land Survey _, Anoka County, Minnesota Tract B, Registered Land Survey _, Anoka County, Minnesota WHEREAS, Olvan Properties has requested approval of a lot split to subdivide property pursuant to Ordinance No. 40, located at 3200 South Coon Creek Drive, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8 and 40, and; ~-J WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, arid; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: -* 1. The applicant shall provide a sixty foot wide drainage and utility easement in favor of the City of Andover on Tract B on the west side of Coon <;:reek as it travels through the property. Work within the easement by the City will accommodate golf course operations to the best of its ability. :J 2. The applicant shall provide a drainage and utility easement in favor of the City of Andover on Tract B around the 100 year flood elevation of the proposed storm water pond. 3. The Lot Split shall conform to the lot dimensions described in the attached Exhibit A . 4. Approval of the lot split is contingent upon approval ofa Comprehensive Plan Amendment, Special Use Permit for Planned Unit Development Review and Preliminary Plat. If anyone of these applications or requests fails to be approved, in whole or in part, the preliminary plat shall be considered null and void. 5. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section ill(E). Adopted by the City Council of the City of Andover on this 21st day of January, 2003. CITY OF ANDOVER ~~~~A~ ATTEST: e Gamache, Mayor fl.i;;;.,., {j.a Victoria Volk. City Clerk ~,J ( ....._~; @ CITY OF ANDOVER . '" "_J 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: John Erar, City Administrato~ FROM: Jim Dickinson, Finance Director SUBJECT: Letter of Credit Reduction /Development Improvements/Hamilton Square DATE: April 1, 2003 INTRODUCTION Edward Hamilton requested the City Council at the March 18, 2003 council meeting to reduce letter of credit (LOC) #98-40 for developer improvements related to the Hamilton Square commercial development (City Project # 97-26) by the amount of his next assessment payment ($11,212.89). DISCUSSION The Finance Department has reviewed the request by the Hamiltons and does not recommend .' \ that a letter of credit reduction of $11 ,212.89 for developer improvements related to the Hamilton '-.-/ Square commercial development be granted. The staffrecommendation is based on criteria established by the City Council at the April 17, 2001 meeting, which is attached. The calculation set forth is computed on 35 % of the outstanding principal (approximately $97,716.36) on special assessments of Hamilton Square, which equates to $34,200.73. The current letter of credit held is $16,582.12. Ifthe additional request were granted the new balance of the LOC would be $5,369.23. The LOC reduction requested by Mr. Hamilton of$11,212.89 is not recommended by the Finance Director and would be at the discretion of the City Council. BUDGET IMP ACT The budget is not impacted by this letter of credit reduction. ACTION REOUESTED The Council is requested to deny the LOC #98-40 reduction in favor of the City of Andover provided by the First National Bank of Elk River on behalf of Edward & Lora Hamilton. - '\ 1 " j . I CiTY OF ANDOVER , REQUEST FOR COUNCIL ACTION , - ) DATE: Aoril17. 2001 AGENDA SECTION ORIGINATING DEPARTMENT Consent Finance Jim Dickinson iTEM NO. Approve Update on Hamilton Square ReQuest: Approve the proposed language to the Hamilton Square Development Contract subject to final review by the City Attorney. Development Contract language proposed to be mDdified: "2. Security, levy Df Special Assessments and Required Payment Therefor. Prior to the preparatiDn of fmaJ.-plans and specifications for the construction of said improvements, the DevelDper shall provide to the City a cash escrow or letter of credit in the amDunt equal to fifteen (15%) percent of the total estimated cost of said improvements as establisnw by the City Engineer. Said cash escrDW, including accrued interest thereon, or letter of , credit, may be used by the City upon default by the Developer in the payment of special assessments pursuant hereto, whether , 'accelerated or otherwise. That such cash escrow or letter of credit shall remain in full force and effect throug:hout the term of . 'the special assessments, except, the amount of such escrow or letter of credit may be reduced, upon the requ;st of the Developer, at the City's option, but ill ne c...ent shall not be less than the total of the outstanding special assessments against all properties within the development. The Citv will reserve 111e ri~ht to decrease each commercil),L !ffibdi':isiop's/development's security ar!Teement reauirements on a case bv case basis willi conmliance with all of the fo\1owinll tenus: 1. The special assessments levied have received significant pavments (no less than 65%) to date ofreduction reauest. 2. No historY of delinauent snecial assessment or real estate payments on the propertY since the construction of the improvements. 3. The proposed reduction \",i\1 result in the Outstanding: Letter of Credit being: not less than 35% of the outstanding princinal on the special assessments. 4. The developer has provided written documentation that there are no other encumbrances on the improved propel1V referenced in the Letter of Credit." Back2TOund: The Andover City Council approved the reduction of letter of credit #98-40 to $47,700 in favor of the City of Andover provided by First N'ational Bank of Elk River on behalf of Edward and Lara Hamilton. TIle reduction resulted in an $11,400 decrease. TIle Council also directed staff to modify the language in the City of Andover basic development contract to allow the Council the ability to handle letter of credit reduction requests on a case-by-case basis, Orig:inal Staff Recommendation: \ A request was made by the Hamiltons to reduce the letter of credit for development improvements of Hamilton Square. Staff reviewed the request and has concluded that the request does not meet the 85% rule and does not recommend a reduction. Currently only approximately 75% of the assessment is paid. @ ,-- -, '-/ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5\00 FAX (763) 755-8923. WWW.Cl.ANDOVERMN.US TO: Mayor and Councilmembers CC: John Erar, City Administratol"1v FROM: Vicki V olk, City Clerk SUBJECT: Gambling Premises Permit! Andover Lions Club DATE: April 1 , 2003 INTRODUCTION The Andover Lions Club has applied for a premises permit to conduct a pull-tab operation at Pov's Sports Bar. . ' \ ,-j DISCUSSION In order for the State Gambling Control Board to reinstate the Andover Lions Club gambling license, the city must first approve a premises permit for the organization. The completed premises permit and lease for the space at Pov's Sports Bar are attached. In speaking to the Gambling Control Board, they have indicated concern regarding the internal controls of the organization as far as the gambling operation. They have also questioned the amount the Lions Club will be paying for heat, electricity and garbage. Council can ask that those bills be justified prior to action being taken on this item. In reviewing the ordinance (attached), staff cannot determine whether the Lions Club meets all of the requirements of the ordinance, specifically the qualifications issued by the Gambling Control Board and the payment of utilities. If Council approves the premises permit it goes to Gambling Control for their approval or denial. ACTION REOUIRED The City Council is requested to consider the application of the Andover Lions Club for a ) premises permit to conduct a pull-tab operation at Pov's Sports Bar or to table the item until , - I further information regarding the utility bills is obtained. , " CITY OF ANDOVER .. j COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 258 An Ordinance repealing Ordinance No. 98 adopted August 20, 1991 and Ordinance No. 98A adopted February 20, 1996. AN ORDINANCE REGULATING LAWFUL GAMBLING WITHIN THE CITY OF ANDOVER. The City Council ofthe City of Andover hereby ordains as follows: Section 1. Purpose. The purpose of this ordinance is to closely regulate and control the conduct of gambling and to ensure that profits derived from gambling activities in the City of Andover provide, to the extent authorized by law, direct benefits for the citizens of Andover. (258A,8/21/0l) Section 2. Definitions. , \ '-'_./ For the purposes of this ordinance, the following words and terms will have the meanings given them: 7861. "Board" means the State Gambling Control Board. 7862. "Lawful gambling" means the operation of gambling activities by an organization eligible for a license from the Board to conduct such activities. 7863. "Net profits," "lawful purpose," and "allowable expense" will have the meanings provided in Minn. Stat. 9349.12 as may be amended from time to time. 7864. "Premises permit" means a resolution adopted by the City Council authorizing the named organization to operation lawful gambling activities at a specified location it the City. 7865. "Trade area" means the cities of Andover, Anoka, Coon Rapids, Ramsey, Oak Grove, and Ham Lake. (258A,8/21/0l) " "- ) - - 1 :J Section 3. License Reauired. Except as specifically exempted by this ordinance, no organization may operate lawful gambling activities in the City of Andover without a license issued by the Board. (258A, 8/21/01) Section 4. Premises Permit. No organization may obtain a new or renewal premises permit, or maintain a premises permit, unless the organization and location of the lawful gambling activities remain in full compliance with the provisions of this ordinance and all state laws related to lawful gambling as those laws may be amended from time to time. Only one premises permit may be issued to any particular location in the city. (258A,8/21/01) Section 5. Approved Ofl!:anizations. In order to be eligible for a premises permit, an organization must meet each of the following requirements: 1) The organization has at least fifteen (15) members that are residents ofthe City of Andover. Such organization must conduct regular meetings at least monthly and each person must attend not less than ~ ) fifty (50) percent of all regularly scheduled meetings and pay dues annually in order to be considered a member of such organization for qualification under this ordinance. 2) The physical site for the organization headquarters or the registered business office of the organization is located within the City and has been located within the City for at least two (2) years immediately preceding the application for a license. 3) The physical site where the organization regularly holds its meetings and conducts its activities, other than lawful gambling and fund raising, is in the City and has been located within the City for at least two (2) years immediately preceding application for a license. 4) Meet all the qualifications for a lawful gambling license issued by the Board. 5) The paddle wheel game is prohibited and no premises permit shall be issued to any organization to conduct the paddle wheel game. 6) Leases to an organization for lawful gambling shall have a monthly rental 1 \...../ 2 '\ payment not exceed $1,000.00. In addition, utilities shall be limited to 25% of <) the permitting facility's actual cost, not to exceed $750.00 per month. (258B, 3/6/02) Any organization, which meets the conditions set forth above, shall certify in writing on its application which condition or conditions are being met. (258A,8/21/01) Section 6. Expenditures for Lawful Purposes. During any year that an eligible organization is licensed to conduct gambling events, not less than ninety (90) percent of its lawful purpose expenditures will be for lawful purposes conducted or located within the City of Andover trade area. Not less than ten (10) percent per year ofthe amounts specified herein must be expended for lawful purposes with the City of Andover. A semi-annual report ofthe expenditures for lawful purposes within the trade area shall be provided to the City Clerk on or before July 2 and February 2 of each year after the date of the adoption of this ordinance. (258A,8/21/01) Section 7. Net Profits. '\ ,-) During any year that an eligible organization is licensed to conduct gambling events, such organization shall contribute ten (lO) percent of the net profits derived from lawful gambling to a fund administered and regulated by the City, without cost to such fund, for disbursements by the City of the receipts for lawful purposes. Section 8. Gamblin!! Tax. Pursuant to Minn. Stat. 349.213, gambling tax is hereby imposed of one-tenth (1/10) percent of the gross receipts of each licensed organization from all lawful gambling less prizes actually paid out by the organization. Such tax shall be imposed and commenced to accrue as of September 1, 1991 and shall be payable at the office ofthe City Clerk on October 2, 1991 and on or before July 2 and February 2 of each year thereafter. Section 9. Records and Reports. All qualified organizations operating gambling devices in the City shall keep monthly financial records of same and provide such records to the City Clerk commencing September 2, 1991 and on or before July 2 and February 2 of each year thereafter. Section 10. Back!!round Information. '\ "J 3 , '\ A copy of all applications and reports required by and submitted to the Minnesota 'J Charitable Gambling Control Board shall also be submitted to the City Clerk within seven (7) days after they are submitted to said Board. Section 11. Limitation of Gamblin!! Licenses. No organization shall be permitted to conduct gambling in more than three (3) establishments within the City. Only one (1) organization shall be permitted to operate or sell lawful gambling devices at an owned or leased establishment. Section 12. Mana!!ement. All gambling operations must be managed by a bona fide member of the licensed organization. Section 13. Disapproval of License. Nothing contained in this ordinance shall be deemed to limit the City Council's authority to disapprove a license for lawful gambling. Section 14. Application. Application for a new or renewal premises permit must be made to the City Clerk on , forms provided by the City. \ "--) Section 15. Revocation. The City Council may be resolution revoke the premises permit of any organization that does not comply with the requirements of this ordinance or State gambling laws as those laws may be amended and revised from time to time. Prior to adopting a revocation resolution, the organization will be given at least ten (lO) days notice ofthe time, date, and place of the revocation hearing. At the hearing, the organization may appear with or without counsel and submit evidence on its behalf. A resolution revoking a premises permit must include the basis for that action. A certified copy of the resolution will be forwarded to the Board. (258A,8!21/0l) Section 16. Penalty. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and subject to all penalties provided under state law. (258A,8/21/0l) Adopted by the City Council of the City of Andover on this 4th day of Mav, 1999. ATTTEST: CITY OF ANDOVER , '\ '- ~ 4 , '. State Statute 349.18 , Premises Used for Gambling "J Subdivision 1. Lease or ownership required. The board may prescribe by rule limits on the amount of rent which an organization may pay to a lessor for premises leased for lawful gambling provided that no rule of the board may prescribe a limit ofless than $1,000 per month on rent paid for premises used for lawful gambling other than bingo. Any rule adopted by the board limiting the amount of rent to be paid may only be effective for leases entered into, or renewed, after the effective date of the rule. Minnesota Rule 786l.0060 Restrictions for gambling on leased premises. D. The amount ofrent an organization may pay for the conduct oflawful gambling may not exceed: 1) $l,OOO per month for all forms of lawful gambling other than bingo; 3) an organization may not use nongambling funds to directly or indirectly supplement rent above the amounts provided in this subpart. City Ordinance 258, Regulating Lawful Gambling With the City of Andover Section 5. Approved Organizations \ (6) Leases to an organization for lawful gambling shall have a monthly rental payment as '- j outlined in Minn. Stat. 349.18, Subd. 1, and Minnesota Rules 7861.60. Said monthly rent payments shall include heat, electricity, utilities and janitorial services. Z. ) Page 1 of 2 Minnesota Lawful Gambling 5/01 LG221 Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity , , Name of Legal Owner of Premises Street Address Cfty Slate Zip Daytime Phme . I fJ~) .,/, t;z k I 77(p~ L;?ke.v,ew>L,v S p I~ lk.f.{' /1(,,) 7? 87crJ2 '-J Name of Lessor Street Address Cfty Stale Zip (If same as legal owner, write in "SAME") 1. Total rent cannot exceed $1,000 per month for all 4. An organization may not pay rent to itself or to any non-bingo activity for this premises. of its affiliates for space used for the conduct of 2. For bingo activity, use lease form LG222. lawful gambling. 3. For pull-tab dispensing machines, use lease form ci.1 LG223. 5. Rent to be paid per month $ / (:; b 0 ~ If no rent is to be paid, indicate -(}. Sketch and Dimensions of Leased Area Sketch. For all areas being leased for the conduct For Premises Permit Renewal Applications Only: If no of gambling and storage of gambling product at this changes have been made at the site, you do not have to premises, attach a sketch (drawing) showing: complete this section or provide a sketch. (1) the leased area(s), and (2) the dimensions. Dimensions ? i'-l The leased areas are: feet by feet for a total of II ;;)., square feel. , , J feet by feet for a total of _ square feel. - feet by feet for a total of square feel. Storage feet by feet for a total of square feel. Storage feet by feet for a total of square feel. Combined total square feel. Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply. o Paddlewheels ~ Pull-Tabs .0 Raffles o Tipboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with If this is an amended lease showing changes occur- the premises permit issued by the Gambling Control ring during the term of the current premises permit, Board, unless terminated sooner by mutual consent of write in the date that the changes will be effective the lessor and lessee. __1_1_. Both parties that signed the lease must initial and date all changes. Questions on this form should be directed to the Licensing and ask to place a call to 651-639-4000. The information Section of the Gambling Control Board (Board) at 651-639- requested on this form will become public information when 4000. This publication will be made available in alternative received by the Board. and will be used to determine your format (i.e. large print, Braille) upon requesUf you use a TTY. compliance with Minnesota statutes and rules governing you can call the Board by using the Minnesota Relay Service lawful gambling activities. \~) Page 2 of 2 5/01 LG221 Lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity I LESSOR PROHIBITIONS I agents are found to be solely 4. The lessor shall not modify or " Management of Gambling responsible for any illegal gambling terminate this lease in whole or in ,J Prohibited conducted at that site that is part due to the lessor's violation of prohibited by Minnesota Rules the provisions listed on this lease. The owner of the premises or the lessor 7861.0050, subpart 1, or Minnesota will not manage the conduct of Statutes 609.75, unless the Arbitration Process gambling at the premises. organization's ag,ents r~ponsible for The lessor agrees to arbitration when a Participation as Players Prohibited the Illegal gambling activity are also violation of these lease provisions is agents or employees of the lessor. alleged. The arbitrator shall be the CRG. The lessor, the lessor's immediate ' family and any agents or gambling 4. The lessor shall not modify or , t 't th I ' hi' ACCESS TO PERMITTED employees of the lessor will not ermlna e e ease In w oe or In participate as players in the conduct part because the organization PREMISES . . reported to a state or local law . of lawful gambling on the premises. f t lh 't th b d State of Minnesota and Law en orcemen au on y or e oar Illegal Gambling the occurrence at the site of illegal Enforcement 1 Th I' fth h'b't' gambling activity in which the The board and its agents, the . e essor IS aware 0 e pro I I Ion ' t' d'd t rt" t . , t 'II I bl' . organlza Ion I no pa IClpa e. commissioners of revenue and public agalns I ega gam Ing In ' Minnesota Statutes 609.75, and the Other Prohibitions safety and their agents, and law penalties for illegal gambling "enforceme~t personnel ~ave access to violations in Minnesota Rules 1. The, lessor Will no~ I,mpo~e the permitted premises at, any 7861,0050 subpart 3. restncllons on the org~nlzatlon With reasonable time dunng the bUSiness , respect to proViders (distributors) of hours of the lessor. 2. To the best of the lessor's gambling-related equipment and .. knowledge, the lessor affirms that services or in the use of net profits Organization any and all games or devices for lawful purposes. The organization has access to the located on the premises are not 2 Th I th I " d' t permitted premises during any time , ' e essor e essor s Imme la e bemg used, and are not capable of f 'I d' t I reasonable and when necessary for the " ,ami y an any agen s or emp oyees " being used, m a manner that Violates f th ' I 'II t 'th conduct of lawful gambling on the the prohibitions against illegal 0 ~ essor WI no reqUire, e premises. gambling in Minnesota Statutes organization to perform any action 609.75, and the. penalties !or illegal that would Violate statute or rule, I LESSOR RECORDS MAINTAINED I " gambling Violations m Mmnesota 3, If there is a dispute as to whether ' . " ./ Rules 7861.0050, subpart 3. any of these lease provisions have The lessor shall m~lIltam a record of , ' ' been violated the lease will remain all money received from the 3. NotWithstanding Mmnesota Rules, ' ff 'd' f' I organization and make the record 7861 00 0 b 3 ,. III e ect pen Ing a ma, ' , , 5. su p. ,an orgamzatlon d t ' t' b th C I' available to the board and Its agents 'ko e ermlna Ion y e amp lance . I must contmue ma IIlg rent R' G (CRG) ofth G bl' the commiSSioners of revenue and t lh f eVlew roup e am lng, ' payments, pursuan to e terms 0 C I B d public safety and their agents upon th I 'f th . t' ' ontro oar e ease, I e orgamza Ion or Its . demand. The record shall be maintained for a period of 3-1/2 years, OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach addiilonal sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and h~~ , Le..w+<'t'" > e,11 ~ 10"7... -# I f r; "7.. s ~ .f'S This lease is the total and only agreement between the lessor and the organization conducting lawful 9ambling activities other than bingo and pull-tab dispensing devices. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease wili be submitted to the Gamb' Control days or to the effective date of the ch ge. "- -? )0);5 s~natureOf Lessor .,.. Date Date 1>1'4 LL RvJ.\f~ ';{;CVh4l' Prer/ch4 Print Name and Title of Lessor ' \ , .J Page 1 of 3 7/01 Minnesota Lali1ifLll Gambling FORBOARDUSEONLY LG214 Premises Permit Application Check # ------------- Amount -------- Expiratation date '\ '.../ Class of Pernlit Premises Permit Fee During 2nd year of Check one Two years organization license D Class A - fO'ull-tabs, tip boards, paddlewheels, raffles, bingo $400 $200 0 Class B - Full-tabs, tipboards, paddlewheels, raffles $250 $125 D Class C - Bingo onlyOR bingo and pull-tabs when total gross $200 $100 wceipts does not exceed $50,000 per year D Class D - ~afile~'onIY'-- ,--- ___ _____h_ __.___ $150 $ 75 Organization Information Organization nam'3 (as it appears on documentation filed with Organization license number Minnesota SecretLlryofStateor Internal Revenue Service) Andover Lions Club B-02254 Name of chief execu live officer (cannot be yourgambling manager) Daytime phone number, including area code Gary Hrobel (763)421-6540 ----- . Gambling Premises Information Name oFestablistw18nt wtleregambling will be conducted Street address (do not use a P.O. box number) Pov's Sports Bar 1851 Bunker Lake Blvd. NW \ City & county wllere !;ambling premises is 10cateduOR-rownshiP & county where gambling premises is located if outside city limits, \_/ Andover Anoka County Is the premises located within city limits? Yes L~ NoD If No, is township: o Organized o Unorganized o Unincorporated Does your organization own the building where the gambling will be conducted? DYes 4{1 No h' no. attach (1) the appropria1e lawful gambling lease form, and (2) the sketctl of all leased areas with dimensions and square footage clearly defined A lease and skecll are not required for class D applications. Name cf legal owrer of premises Address City StatelZip Brad Povlitzki 7762 Lakeview Lane Spring Lake Park Mn 554~2 Address(es) of Storage Space of Gambling Equipment List all locations whdre used and unused gambling product is stored, Do not use a P.O. box number. (Attach an addition.ll sheet if necessary,) Address City State/Zip __ t 8,?1__B_~!1~ ~ ~n~9}~~ _13 ~_\'9_S.__tili__ ___m_______~_~<?_~Y_~Em~~_n?_~~_qj_ _mn______ n 16185 Verdin St. NW Andover MN 55304 - --- - ----- -- - ____ _u_____ _________________~____________.__________________.__ _ _____ _________ , , " ) LG214 Premi~es Permit Application Page 2 of 3 7/01 Bingo Occasions for Class A or C Permits " If applyir,g lor" cia,s A or C permit, enter day and beginning/ending hours of bingo occasions (indicate A.M. or P.M.). No , more th,," ten binge, occasions may be conducted per week. An occasion must be at least one and one-half hours, not to , ) exceed lollt" hours. QE.Y ~_nnIlK/Endin(1 Hours QP"" BeqinninQ/Endinq Hours QE.Y BeQinnillQ/Endinq Hours to to , - - - --~- to ------ --- --- --- to - -- - ---- --- - _.~----- to --~---- --- ----- ---------- to ---------- to --------- ---- ---------- to ----------- ----- -------_._-- to ----------- to _.~----_.. ---- Noon Huur Bin!:a (111)' QE.Y Beqinniwl/Endlnq Hours QE.Y Beqinninq/Endinq Hours QE.Y Beqinninq/Endinq Hours to - -- - - --~-- to ----- ----------- to ---------- lO --- - _._--- to ----- ---- ------- to - -- ----- .-- - ----- .----- Gambling Bank Account Information Bank name Bank account number' 'nrqn RFlnk MinnF'sorFl Nil. 3970281016 Bank street address City State/Zip code 2ill1 Main st N oon a ids 4 [Newxganizalions: The account number may be obtained and submitted to the Gambling Cont.ol Board within ten days after you receive your premises permit. ~~--- - , Name, address, end title of members authorized to sign checks from the gambling account. The organization's \ - ) treasurer may not handle gambling funds. Nam'3 Street Address City Zip Code Title Garv Wrobel 16185 Verdin st. NW Andover 55304 CEO Jaclyn MCKelve~ 17975 osa~e Ct. Andover 55304 Asst. GM Jim Knol-: 14 17 Round La e Blvd. Andover 55304 member -... - Acknowledgment Oath GarHbtiJl~ site a~lthol'izatiulI [ declare that: t ht'rety conscnt tnt local law cnt()rccll1cnt oflicers, I. [have read this application and all inlormation submitted the b{)~:.rd or ag~nts ~)r the board, or th~ t:Ulnmissioner to the board is true, accurate, and complete; ofrc\'enu~ ur public salety ur agents oCthc 2. all other required inlorlnation has been fully disclosed; cOlllmi:;isiuIlCl"S IlUY ellter the pn;miscs to cnforl'c tl1(: 3. I am the chief executive ollicer of the organization; law. 4. t assume full responsibility tar the fair and lawful Bank recurds in~'onllati{JI1 operation o[ all aetivities to be conducted; The bomd is i.lulhuriz,ed to ill:::ipel't the lXlIlk reeorus or 5.1 will familiarizc mysclfwith tl,C laws of Minncsota th(: ganlbling aCCt:unl whenever necessary to fulfill governing law!ol gambling and rules ofthe board and rcquirel1lenb of L:l.rrcnt g<J1nbling rules and law. agree, ifliccnsed, to abide by thosc laws and rulcs, including amendments to them; Orgallilalioll Iie.:nse allthorization 6. any changes in application intormation will be subm itted J hereby autllLlrize the Gambling Control Board to to the board and local unit of govcnlment within ten days modii'v tile class ([' zntanizalion license to be consi;l.;lIl w~th th-: d;ss of premises permit being oi'the change; and applied 10[, 7. I understand that failw-e 10 provide required inlormation 1 " or providing l'alse or misleading infoflnaliolllnay result / ,- L (/ /, /' ' I I in the denial m revociition :~;j11% 3 ,,/. , /_( /1 ,/ . J ~u.."1 ~ I, ,<.-......4,fU ~: -- - "--. ,- -- --- -- -- -- _.-:!-.. ---- - - __. _... _' _u_ _ ___ _____~_ __________n_____ Signature of chief executive officer (Designee may not sign) Date I '--./ LG214 Premis,es Permit Application Page 3 of 3 :,j 7/01 Local Unit af Government Acknowledgment and Approval Ifthe giamblin!/ premises is within city limits, the city must sign this application and provide a resolution. On behalf of the city, I hereby acknowledge this application for lawful gambling activity at the premises located wirhin the city's jurisdiction, and that a Print name of city resolulion specifically approving or denying the application will be forwarded to the applying organization. Signature of city personnel receiving application Title Date Ifthe gamblin!) premises is located in a township, both the county and township must sign this application. The county must provide a resolution. For the townsbiIl On behalf ofthe township, I acknowledge tliat the organization is applying to Print name of township eonduclluwful gambling activity within the township limits. A towuship hac; no statutory authority to approve or Signature of township official acknowledging application deny an applic:.tion (Minn. Stat. 349.213, subd. 2). Title Date For the countv On behalf of the county, I hereby Print name of county acknowledge this application for lawful gambling , \ activity at the premises located within the county's ',--.J jurisdiction, ard that a resolution specifically Signature of county personnel receiving application approved or denying the application will be for- warded to the applying organization. Title Date The inlormation requested on tllis form (and any premises perulit, all ofthe infommtion that you have attachments) will be used by the Gambling Control Board provided to the Board in the process of applying for your (Board) to detemline your qualifications to be involved in premises pemrit will become public except for your Social lawful gambling activities in Mllmesota, ami to assist the Security number, which remains private. If the Board does Board in cOl1lluc\illg a background lllvestigation of you. not issue you a premises permit, all the information you You luve the rig'lt to retuse to supply the intormation have provided in the process of applying for a premises requested; however, if you refuse to supply tlus permit remains private, with the exception of your name information, the 30ard may not be able to determine your and address which will remain public. qualifications am" as a consequcnce, Illay refuse to issue you a prenuses p'~rnut. If you supply the information Private data about you are available only to the following: requested, the Bllard will be able to proce~s your Board members, staff of the Board whose work assignment application. requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota This form may n:qllire the disclosure of your Social Attorney General; the Minnesota COIlU1ussioners of Security number. If so, your Social Security number will Administration, Finance, and Revenue; the Minnesota be used to deternine your compliance with the tax laws of Lcgislative Auditor, national and international gambling Minnesota. Authorization for requiring your Social regulatory agencies; anyone pursuant to court order; other Security nwnber is found at 42 V.S,C. 405 (c)(i). llldividuals and agencies that are specifically authorized by state or federal law to have access to the information; Your m,llle and a jdress will be public intormation when individuals and agencies for which law or legal order receiv,:d by the P.oard. All the other inlormation that you authorizes a new use or sharing of information after this \ provide will be p:ivate data about you until the Board issues Notice was given; and anyone with your consent. '-..j your premises permit. \Vhen the Buard issues your Questions'! Call the Licensing Section of the Gambling Control Board at 651-639-4000. If you use a TTY, you can call the Board by us;ng the Minnesota Relay Service and ask to place a call to 651-639-4000. This form will be made available in alternative formlt (i.e. large print, Braille) upon request. :,) CITY OF ANDOVER COUNYTOF ANOKA STATE OF MINNESOTA RESOLUTION R A RESOLUTION APPROVING CHARITABLE GAMBLING AT POV'S SPORTS BAR FOR THE ANDOVER LIONS CLUB TO CONDUCT A PULL-TAB OPERATION. WHEREAS, the Andover Lions Club has submitted an application to the City of Andover to operate a charitable gambling operation at Pov's Sports Bar, 1851 Bunker Lake Boulevard NW; and WHEREAS, per Minnesota Gambling Control Board requirements, a resolution must be adopted by the City Council within 60 daysofreceipt of the application. ':~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a charitable gambling license is hereby approved and granted to the Andover Lions Club subject to the terms outlined in City Ordinance 258. BE IT FURTHER RESOLVED that approval is subject to approval of the application by the State Gambling Control Board. Adopted by the City Council of the City of Andover this Lday of April. 2003. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria Volk - City Clerk , 'J @ '0 CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,\V. ANDOVER, MINNESOTA 55304. (763) 755,5100 FAX (763) 755,8923 . W\';'\VCL\NDOVER.MN.US TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Schedule EDA Board Meeting DATE: April 1, 2003 INTRODUCTION The City Council is requested to schedule an EDA Board meeting to discuss several items related to economic development programs. DISCUSSION A proposed agenda for this meeting is as follows: U 1. Approve Andover Station Maintenance Contract 2. Andover Station Residential Development - Update 3. Andover Station Wetland :Mitigation Plan - Update 4. Participating Business Loan Program - Information 5. Other Business ACTION REQUIRED The Council is requested to schedule an EDA Board meeting for 6:00 pm on April 15, 2003 prior to the regularly scheduled Council meeting. , \ '-./' @ CITY OF ANDOVER , , , 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. \163) 755-5100 I \..J FAX (763) 755,8923 . WW\'V'.CI.ANDOVER.I\!N.US TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Approve Professional Service Agreement/Community Center Project DATE: April 1, 2003 INTRODUCTION RJM Construction and Rozeboom Miller Architects, project consultants for the community center project have submitted professional service agreements for Council approval. DISCUSSION Both agreements are standard AIA form documents between the owner and construction manager and owner and architect, respectively. Draft agreements have been reviewed by the City Attorney's office and finds them acceptable with several minor exceptions. My office has also conducted reference checks on both firms and received very positive comments from current and past clients. .. "1 Fee negotiations with the RJM Construction has resulted in the firm proposing no fees for the first 90 days ,~_/ coinciding with formal Council approval of the project in early June, 2003. In addition, RJM has also proposed a reduced fee structure of 4%, that is a net reduction of $21,000 from their original proposal under scenario II, assuming a $12,000,000 project budget. RJM's fee does not include general conditions on the site, which will be charged at cost to the City and result in additional savings to the City for items associated with site clean-up and management. The agreement will also be modified providing for mediation as opposed to arbitration and allow either party to terminate the agreement without cause upon seven days notice with compensation paid for services to the date of termination. Fee negotiations with Rozeboom Miller Architects has resulted in the firm maintaining its originally proposed 6% fee structure for project construction costs and including civil engineering as part of their fee for services. As most of the civil engineering work will need to be performed during mid-summer, an outside civil engineering firm will be selected to perform this work and is provided for within the architect's fee structure. The draft agreement will be modified to allow either party to terminate the agreement without cause upon seven days notice with compensation paid for services to the date of termination. ACTION REOUIRED Approve the attached professional service agreement with RJM Construction. Although terms have been finalized with Rozeboom-J'vIiller Architects, their service agreement has not been submitted in a fmal form. A fmal version of their agreement will be submitted for Council approval on April 15, 2003. Respectfully submitted, \ fig~~ J' nErar \......../ AlA Document B80l/CMa - Electromc Format / "- Standard Form of Agreement Between I <'.-J Owner and Construction Manager where the Construction Manager is NOT a Constructor 1992 Edition THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED .A1A DOCUMENT MAY BE MADE BY USING AlA DOCUMENT D401. This document is intended to be used in conjunction with the 1992 editions of AlA Documents B14l/CMa. AIOJJCMa and A2Ol/CMa. Copyright 1973.1980. @1992 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington. D.C., 20006-5292. Reproduction of the materia! herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. AGREEMENT made as of the day of in the year of (In words, indicate day, month and year) . BETWEEN the Owner: (Name and address) City of Andover 1685 Crosstown Boulevard N.W. Andover. MN 55304 and the Construction Manager: (Name and address) RJM Construction .' ,5455 Hlahwav.169 Plvmouth. MN 55442 " ' -~ for the following Project: (Include detailect description of Project, location. address and scope.) The Andover Community Center consistina of a fieldhousefavmnasium. and indoor ice arena and a YMCA aquatic center. This comolex will be constructed on the north side of the City Hall comolex. The Architect is: (Name and address) Rozeboom Miller Architects. Inc 244 First Street North Minneaoolis MN 55401 The Owner and Construction Manager agree as set forth below. I I , .. '<> 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT B801/CMa ,,-) OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIA@ - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b80lcma.aia -- 3/27/2003. AlA License Number 1116767, which expires on 3/4/2004. Electronic Format B80l/CMa-1992 1 Terms and Conditions of Agreement Between Owner and Construction Manager ; ARTICLE 1 design documents during their development and advise on '...J CONSTRUCTION MANAGER'S proposed site use and improvements, selection of materials, RESPONSIBILITIES building systems and equipment, and methods of Project delivery. The Construction Manager shall provide 1.1 CONSTRUCTION MANAGER'S SERVICES recommendations on relative feasibility of construction methods, availability of materials and labor, time requirements 1.1.1 The Construction Manager's services consist of those for procurement, installation and construction, and factors related to construction cost including, but not limited to, costs services performed by the Construction Manager, Construction of alternative designs or materials, preliminary budgets, and Manager's employees and Construction Manager's consultants possible economies. as enumerated in Articles 2 and. 3 of this Agreement and any other services included in Article 14. 2.2.5 The Construction Manager shall prepare and 1.1.2 The Construction Manager's services shall be provided periodically update a Project Schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall in conjunction with the services of an Architect as described in obtain the Architect's approval for the portion of the the edition of AlA Document B141/CMa, Standard Form of preliminary project schedule relating to the performance of the Agreement Between Owner and Architect Rozeboom Miller Architect's services. In the Project Schedule, the Construction Architects. Construction Manager-Adviser Edition, current as Manager shall coordinate and integrate the .Construction of the date of this Agreement. Manager's services, the Architect's services and the Owner's responsibilities with anticipated construction schedules, 1.1.3 The Construction Manager shall provide sufficient highlighting critical and long-lead-time items. organization, personnel and management to carry out the requirements of this Agreement in an expeditious and 2.2.6 As the Architect progress with the preparation of the economical manner consistent with the interests of the Owner. Schematic, Design Development and Construction 1.1.4 The services covered by this Agreement are subject to Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, the time limitations contained in Subparagraph 13.5.1. Construction Manager and Architect, estimates of ARTICLE 2 Construction Cost of increasing detail and refmement. The estimated cost of each Contract shall be indicated with - , . SCOPE OF CONSTRUCTION MANAGER'S supporting detail. Such estimates shall be provided for the , ' BASIC SERVICES Architect's review and the Owner's approval. The Construction ...._~ Manager shall advise the Owner and Architect if it appears that 2.1 DEFINITION the Construction Cost may exceed the latest approved Project budget and make ~ecommendations for corrective action. 2.1.1 The Construction Manager's Basic Services consist of those described in Paragraphs 2.2 and 2.3 and any other services 2.2.7 The Construction Manager shall consult with the identified in Article 14 as part of Basic Services. Owner and Architect regarding the Construction Documents and make recommendations whenever design details adversely 2.2 PRE-CONSTRUCTION PHASE affect constructibility, cost or schedules. 2.2.1 The Construction Manager shall review the program 2.2.8 The Construction Manager shall provide furnished by the Owner to ascertain the requirements of the recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project and shall arrive at a mutual understanding of such Project facilities and equipment, materials and services for requirements with the Owner. common use of the Contractors. The Construction Manager 2.2.2 The Construction Manager shall provide a preliminary shall verify that such requirements and assignment of evaluation of the Owner's program, schedule and construction responsibilities are included in the proposed Contract budget requirements, each in terms of the other. Documents. 2.2.3 Based on early schematic designs and other design 2.2.9 The Construction Manager shall provide recommendations and information to the Owner regarding the criteria prepared by the Architect, the Construction Manager allocation of responsibilities for safety programs among the shall prepare preliminary estimates of Construction Cost for program requirements using area, volume or similar conceptual Contractors. estimating techniques. The Construction Manager shall 2.2.10 The Construction Manager shall advise on the provide cost evaluations of alternative materials and systems. division of the Project into individual Contracts for various 2.2.4 The Construction Manager shall eXpeditiously review categories of Work, including the method to be used for selecting Contractors and awarding Contracts. If multiple r' '9 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w., WASHINGTON,D.C. 20006-5292. AlA DOCUMENT B80l/CMa '__> OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIA@ - WARNING: Unlicensed photocopying violates U.s. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b80lcma.aia -- 3/27/2003. AlA License Number 1116767, which expires on 3/4/2004. Electronic Format B80l/CMa-1992 2 Contracts are to be awarded, the Construction Manager shall Gwnef -in preparing Construction Contracts and advise the reVIew the Construction Documents and make Owner on the acceptability of Subcontractors and material recommendations as required to provide that (1) the Work of suppliers proposed by Contractors. / the Contractors is coordinated, (2) all requirements for the 2.2.21 The Construction Manager shall assist the Owner in " Project have been assigned to the appropriate Contract, (3) the i likelihood of jurisdictional disputes has been minimized, and obtaining building permits and ,special permits for permanent (4) . proper coordination has been provided for phased improvements, except for permits required to be obtained construction. directly by the various Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and 2.2.11 The Construction Manager shall prepare a Project assessments. The Construction Manager shall assist the Owner construction schedule providing for the components of the and Architect in connection with the Owner's responsibility for Work, including phasing of construction, times of filing documents required for the approvals of governmental commencement and completion required of each Contractor, authorities having jurisdiction over the Project. ordering and delivery of products requiring long lead time, and 2.3 CONSTRUCTION PHASE-ADMINISTRATION OF the occupancy requirements of the Owner. The Construction THE CONSTRUCTION CONTRACT Manager shall provide the current Project construction schedule for each set of bidding documents. 2.3.1 The Construction Phase will commence with the 2.2.12 The Construction Manager shall eXpedite and award of the initial Construction Contract or purchase order coordinate the ordering and delivery of materials requiring long and, together with the Construction Manager's obligation to lead time. provide Basic Services under this Agreement, will end 30 days after fmal payment to all Contractors is due. 2.2.13 The Construction Manager shall assist the Owner in 2.3.2 The Construction Manager shall provide selecting, retaining and coordinating the professional services administration of the Contracts for Construction in of surveyors, special consultants and testing laboratories cooperation with the Architect as set forth below and in the required for the Project. edition of AlA Document A2Ol/CMa, General Conditions of 2.2.14 The Construction Manager shall provide an analysis of the Contract for Construction, Construction Manager-Adviser the types and quantities of labor required for the Project and Edition, current as of the date of this Agreement. review the availability of appropriate categories of labor 2.3.3 The Construction Manager shall provide required for critical phases. The Construction Manager shall administrative, management and related services to coordinate make recommendations for actions designed to minimize scheduled activities and responsibilities of the Contractors with adverse effects oflabor shortages. each other and with those of the Construction Manager, the \. -.I 2.2.15 The Construction Manager shall assist the Owner in Owner and the Architect to endeavor to manage the Project in accordance with the latest approved estimate of Construction obtaining information regarding applicable requirements for Cost, the Project Schedule and the Contract Documents. equal employment opportunity programs for inclusion in the Contract Documents. 2.3.4 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, 2.2.16 Following the Owner's approval of the Construction progress and scheduling. The Construction' Manager shall Documents, the Construction Manager shall update and prepare and promptly distribute minutes to the Owner, submit the latest estimate of Construction Cost and the Project Architect and Contractors~ construction schedule for the Architect's review and the 2.3.5 Utilizing the Construction Schedules provided by the Owner's approval. Contractors, the Construction Manager shall update the Project 2.2.17 The Construction Manager shall submit the list of construction schedule incorporating the activities of the prospective bidders for the Architect's review and the Owner's Contractors on the Project, including activity sequences and approval. durations, allocation of labor and materials, processing of Shop 2.2.18 The Construction Manager shall develop bidders' Drawings, Product Data and Samples, and delivery of products requumg long lead time and procurement. The Project interest in the Project and establish bidding schedules. The construction schedule shall include the Owner's occupancy Construction Manager, with the assistance of the Architect, requirements showing portions of the Project having shall issue bidding documents to bidders and conduct prebid occupancy priority. The Construction Manager shall update conferences with prospective bidders. The Construction and reissue the Project construction schedule as required to Manager shall assist the Architect with regard to questions from show current conditions. If an update indicates that the bidders and with the issuance of addenda. previously approved Project construction schedule may not be 2.2.19 The Construction Manager shall receive bids, prepare met, the Construction Manager shall recommend corrective bid analyses and make recommendations to the Owner for the action to the Owner and Architect. Owner's award of Contracts or rejection of bids. 2.3.6 Consistent with the various bidding documents, and 2.2.20 The Construction Manager shall oreoareassist -the - utilizing information from the Contractors, the Construction 1:>1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT B801/CMa ',-/- OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIA@ - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b80lcma.aia -- 3/2712003. AlA License Number 1116767, which expires on 3/4/2004. Electronic Format BBOl/CMa-1992 3 ___________._.__~_.N_'~.~_.___.____.~_~_.___.__..~__._ .--.-----..-.-~-- ....-~.--.-.~-~--- -...---.-.-- - -----~--.-.--.- -..-...--.---.---- -....- .--~--...---- -.----- -- .--.- -.-- ----~ Manager shall coordinate the sequence of construction and received from Subcontractors and material suppliers and other assignment of space in areas where the Contractors are data requested by the Owner to substantiate the Contractor's performing Work. right to payment or (4) ascertained how or for what purpose '0 2.3.7 The Construction Manager shall endeavor to obtain the Contractor has used money previously paid on account of the Contract Sum. satisfactory performance from each of the Contractors. The Construction Manager shall recommend courses of action to 2.3.12 The Construction Manager shall review the safety the Owner when requirements of a Contract are not being programs developed by each of the Contractors for purposes of fulfilled. coordinating the safety programs with those of the other 2.3.8 The Construction Manager shall monitor the Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct approved estimate of Construction Cost. The Construction control over or charge of the acts or omissions of the Manager shall show actual costs for activities in progress and Contractors, Subcontractors, agents or employees of the estimates for uncompleted tasks by way of comparison with Contractors or Subcontractors, or any other persons such approved estimate. performing portions of the Work and not directly employed by 2.3.9 The Construction Manager shall develop cash flow the Construction Manager. reports and forecasts for the Project and advise the Owner and 2.3.13 The Construction Manager shall determine in general Architect as to variances between actual and budgeted or that the Work of each Contractor is being performed in estimated costs. accordance with the requirements of the Contract Documents, 2.3.10 The Construction Manager shall maintain accounting use reasonable carecndea-voriHg to guard the Owner against records on authorized Work performed under unit costs, defects and deficiencies in the Work. As appropriate, the additional Work performed on the basis of actual costs oflabor Construction Manager shall have authority, upon written authorization from the Owner, to require additional inspection and materials, and other Work requiring accounting records. or testing of the Work in accordance with the provisions 'of the 2.3.11 The Construction Manager shall develop and Contract Documents, whether or not such Work is fabricated, implement procedures for the review and processing of installed or completed. The Construction Manager, III applications by Contractors for progress and fmal payments. consultation with the Architect, may reject Work which does not conform to the requirements of the Contract Documents. 2.3.11.1 Based on the Construction Manager's observations 2.3.14 The Construction Manager shall schedule and and evaluations of each Contractor's Application for Payment, the Construction Manager shall review and .certify the amounts coordinate the sequence of construction in accordance with the due the respective Contractors. Contract Documents and the latest approved Project 02.3.11.2 The Construction Manager shall prepare a Project construction schedule. 2.3.15 With respect to each Contractor's own Work, the Application for Payment based on the Contractors' Certificates for Payment. Construction Manager shall not have control over or charge of and shall not be responsible for construction means, methods, 2.3.11.3 The Construction Manager's certification for techniques, sequences or procedures, or for safety precautions payment shall constitute a representation to the Owner, based and programs in connection with the Work of each of the on the Construction Manager's determinations at the site as Contractors, since these are solely the Contractor's provided in Subparagraph 2.3.13 and on the data comprising the responsibility under the Contract for Construction. The Contractors' Applications for Payment, that, to the. best of the Construction Manager shall not be responsible for a Construction Manager's knowledge, information and belief, the Contractor's failure to carry out the Work in accordance with Work has progressed to the point indicated and the quality of the respective Contract Documents. The Construction the Work is in accordance.with the Contract Documents. The Manager shall not have control over or charge of acts or foregoing representations are subject to an evaluation of the omissions of the Contractors, Subcontractors, or their agents or Work for conformance with the Contract Documents upon employees, or any other persons performing portions of the Substantial Completion, to results of subsequent tests and Work not directly employed by the Construction Manager. inspections, to minor deviations from the Contract Documents 2.3.16 The Construction Manager shall transmit to the correctable prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Architect requests for interpretations of the meaning and intent Certificate for Payment shall further constitute a representation of the Drawings and Specifications, and assist in the resolution that the Contractor is entitled to payment in the amount of questions that may arise. certified. 2.3.17 The Construction Manager shall review requests for 2.3.11.4 The issuance of a Certificate for Payment shall not changes, assist in negotiating Contractors' proposals, submit be a representation that the Construction Manager has (1) recommendations to the Architect and Owner, and, if they are made exhaustive or continuous on-site inspections to check the accepted, prepare Change Orders and Construction Change quality or quantity of the Work, (2) reviewed construction Directives which incorporate the Architect's modifications to means, methods, techniques, sequences for the Contractor's the Documents. . own Work, or procedures, (3) reviewed copies of requisitions r '9 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT B80l/CMa U OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIA@ - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b80lcma.aia -- 3/2712003. AlA License Number 1116767, which expires on 3/4/2004. Electronic Format B801lCMa-1992 4 2.3.18 The ConStruction Manager shall assist the Architect in inspections to determine whether the Work or designated the review, evaluation and documentation of Claims: portion thereof is substantially complete. r]' 2.3.19 The Construction Manager shall receive certificates of 2.3.26 The Construction Manager shall coordinate the '" insurance from the Contractors and forward them to the correction and completion of the Work. Following issuance of Owner with a copy to the Architect. a Certificate of Substantial Completion of the Work or a .., . designated portion thereof, the Construction Manager shall 2.3.20 In collaboratI~n W1th the. Architect, the ConstructIOn evaluate the completion of the Work of the Contractors and Mana~~r shall establi.sh and rmplement procedures. for make recommendations to the Architect when Work is ready expedItmg the processmg and approval of Shop DraW1ngs, for fmal inspection. The Construction Manager shall assist the Product Data, Samples and other submittals. The Construction Architect in conducting fmal inspections. Manager shall review all Shop Drawings, Product Data, Samples and other submittals from the Contractors. The 2.3.27 The Construction Manager shall secure and transmit Construction Manager shall coordinate submittals with to the Architect warranties and similar submittals required by information contained in related documents and transmit to the Contract Documents for delivery to the Owner and deliver the Architect those which have been approved by the all keys, manuals, record drawings and maintenance stocks to Construction Manager. The Construction Manager's actions the Owner. The Construction Manager shall forward to the shall be taken with such reasonable promptness as to cause no Architect a final Project Application for Payment upon delay in the Work or in the activities of the Owner or compliance with the requirements of the Contract Documents. Contractors. 2.3.28 Duties, responsibilities and limitations of authority of 2.3.21 The Construction Manager shall record the progress the Construction Manager as set forth in the Contract of the Project. The Construction Manager shall submit written Documents shall not be restricted, modified or extended progress reports to the Owner and Architect including without written consent of the Ownerand. Construction information on each Contractor and each Contractor's Work, Manager, Architect -and Contractor,. Consent -sflaIl -flat -be - as well as the entire Project, showing percentages of unreasonably withheld. completion. The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the ARTICLE 3 site, number of workers, identification of equipment, Work ADDITIONAL SERVICES accomplished, problems encountered, and other similar relevant data as the Owner may require. 3.1 GENERAL 2.3.22 The Construction Manager shall maintain at the 3.1.1 The services described in this Article 3 are not / '\ Project site for the Owner one record copy of all Contracts, included in Basic Services unless so identified in Article 14, and '0 Drawings, Specifications, addenda, Change Orders and other they shall be paid for by the Owner as provided in this Modifications, in good order and marked currently to record Agreement, in addition to the compensation for Basic Services. changes and selections made during construction, and in The Optional Additional Services described under Paragraph addition, approved Shop Drawings, Product Data, Samples and 3.3 shall only be provided if authorized or confirmed in writing similar required submittals. The Construction Manager shall by ~~e Owner: If. services described under. Contingent maintain records, in duplicate, of principal building layout A;ddItlOnal ServIces m Paragraph 3.2 are reqUITed due to lines, elevations of the bottom of footings, floor levels and key CITcumstances beyond the Construction Manager's control;the site elevations certified by a qualified surveyor or professional Construction Manager . shall notify the Owner prior to engineer. The Construction Manager shall make all such commencing such services. If the Owner deems that such records available to the Architect and upon completion of the services described under Paragraph 3.2 are not required, the Project shall deliver them to the Owner, Owner shall give prompt written notice to the Construction . Manager. If the Owner indicates in writing that all or part of 2.3.23 The ConstructIOn Manager shall arrange for the such Contingent Additional Services are not required, the delivery, storage, protection and security of Owner-purchased Construction Manager shall have no obligation to provide materials, systems and equipment that are a part of the Project those services. until such items are incorporated into the Project. 3.2 CONTINGENT ADDITIONAL SERVICES 2.3.24 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the 3.2.1 Providing services required because of significant Contractors' fmal testing and start-up of utilities, operational changes in the Project including, but not limited to, changes in systems and equipment. size, quality, complexity or the Owner's schedule. 2.3.25 When the Construction Manager considers each 3.2.2 Providing consultation concerning replacement of Contractor's Work or a designated portion thereof substantially Work damaged by fITe or other cause during construction, and complete, the Construction Manager shall, jointly with the furnishing services required in connection with the Contractor, prepare for the Architect a list of incomplete or replacement of such Work. unsatisfactory items and a schedule for their completion. The . . . . . Construction Manager shall assist the Architect in conducting 3.2.3 ProVldmg servlCes made necessary by the termmatlOn or default of the Architect or a Contractor, by major defects or U' <91992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT B801lCMa _ OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIA@ - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b801cma.aia -- 3/27/2003. AlA License Number 1116767, which expires on 3/412004. Electronic Format B801lCMa-1992 5 - ------" -...-.- ------. ---_.~-----_.. .. -_.._-_._----~-------,.. -----.-".-.----.- . - --- ----.-- -- .._-.--_.. deficiencies in the Work of a Contractor, or by failure of Construction Manager-Adviser Edition as modified and, performance of either the Owner or Contractor under a current as of the date of'this Agreement. The Terms and Contract for Construction. Conditions of the Agreement Between the Owner and , " . . .. .. Architect shall be furnished to the Construction Manager and- V 3.2.4. ProVld~g serVIces m evaluatmg an exte.nslve num?er shall 'fie! -Be modified .....ithout -wHHefl consent -ef 4he o~ clarms submitted by a Contractor or others m connectlOn Construction Manager, -whiEh conDcnt -sftaIt 'fie! -Be .- WIth the Work. unreasonably withheld. The Construction Manager shall not be 3 2 5 P 'd' t' 'th bli responsible for actions taken by the Architect. . . roVl mg servlCes m connec lOn WI a pu c hearing, arbitration proceeding or legal proceeding except 4.6 The Owner shall furnish structural mechanical where the Construction Manager is party thereto. chemical, air and water pollution tests, tests 'for hazardou~ 3.3 OPTIONAL ADDITIONAL SERVICES ~ateri~s, and other laborat?ry and environmental tests, mspectlOns and reports requrred by law or the Contract 3.3.1 Providing services relative to future facilities, systems Documents. and equipment. 4.7 The Owner shall furnish all legal, accounting and 3.3.2 Providing services to investigate existing conditions or insurance c~unse~g se~ces as. ~ay be ~ecessary at any time facilities or to provide measured drawings thereof. for ~he ProJe~t, mcludmg audl~mg se.rvl~es the Owner may require to venfy the Contractors ApplicatlOns for Payment or 3.3.3 Providing services to verify the accuracy of drawings to ascertain how or for what purposes the Contractors have or other information furnished by the Owner. used the money paid by or on behalf of the Owner. 3.3.4 Providing services required for or in connection with 4..8 Th: Owner s.hall furnish th: Construction Manager the Owner's selection, procurement or installation of furniture, WIth a suffiCient quantIty of ConstructlOn Documents. 'furnishings and related equipment. .... 4.9 The services, mformatlOn and reports reqUired by 3.3.5 Providing services for tenant improvements. Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Construction Manager shall be entitled to rely 3.3.6 Providing any other services not otherwise included in upon the accuracy and completeness thereof. this Agreement. 4.10 Prompt written notice shall be given by the Owner to ARTICLE 4 the Construction Manager and Architect if the Owner becomes OWNER'S RESPONSIBILITIES aware of any fault or defect in the Project or nonconformance with the Contract Documents. / '\ 4.1 The Owner shall provide full information regarding ., V requirements for the Project, including a program which shall 4.11 T~e Owner reserves the nl?ht to .perform constructlOn set forth the Owner's objectives, schedule; constraints and and operatIons related to the ~roJect WIth the. Owner's o.wn criteria, including space requirements and relationships, for~es, and to award contracts m connectlOn ~th the ProJe~t flexibility, expandability, special equipment, systems, and site which . a~:. not part ?f the ConstructlOn Manag:r s requirements. responsibilitIes under thiS Agreement. The ConstructlOn Manager shall notify the Owner if any such independent action 4.2 The Owner shall establish and update an overall will interfere with the Construction Manager's ability to budget for the Project based on consultation with the perform the Construction Manager's responsibilities under this Construction Manager and Architect, which shall include the Agreement. When performing construction or operations Construction Cost, the Owner's other costs and reasonable related to the Project, the Owner agrees to be subject to the contingencies related to all of these costs. same obligations and to have the same rights as the Contractors. 4.3 If requested by the Construction Manager, the Owner shall furnish evidence that [mancial arrangements have been 4.12 Information or services under the Owner's control made to fulfill the Owner's obligations under this Agreement. shall be furnished by the Owner with reasonable promptness to . .. avoid delay in the orderly progress of the Construction 4.4 The Owner shall deSignate a representatiVe authonzed Manager's services and the progress of the Work. to act on the Owner's behalf with respect to the Project. The Owner, or such authorized representative, shall render ARTICLE 5 decisions in a timely manner pertaining to documents CONSTRUCTION COST submitted by the Construction Manager in order to avoid unreasonable delay in the orderly and sequential progress of the 5.1 DEFINITION Construction Manager's services. 5.1.1 The Construction Cost shall be the total cost or 4.5. The Own:r. ~h.all retain a~ arc~itect wh?~e services, estimated cost to the Owner of all elements of the Project duties and responsibilities are descnbed m the edition of AIA designed or specified by the Architect. Document B141/Cma, Standard Form of Agreement Between ' Owner and Rozeboom Miller ArchitectsArchitect, ( ~ 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT B8Dl/CMa 'J OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AJA@ - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b80lcma.aia -- 3/2712003. AlA License Number 1116767, which expires on .314/2004. Electronic Format B801lCMa-1992 6 5.1.2 The Construction Cost shall include the cost at date of submission of the Construction Documents to the current market rates of labor and materials furnished by the Owner and the date on which proposals are sought. Owner and equipment designed, specified, selected or specially 5.2.4 If a flXed limit of Construction Cost (adjusted as ::.) provided for by the Architect, plus a reasonable allowance for the Contractors' overhead and profit. In addition, a reasonable provided in Subparagraph 5.2.3) is exceeded by the sum of the allowance for contingencies. shaIr be included for market lowest bona fide bids or negotiated proposals plus the conditions at the time of bidding and for changes in the Work Construction Manager's estimate of other elements of during construction. Except as provided in Subparagraph 5.1.3, Construction Cost for the Project, the Owner shall: Construction Cost shall also include the compensation of the .1 give written approval of an increase in such fixed Construction Manager and Construction Manager's limit; consultants, .5.1.3 Construction Cost does not include the compensation .2 authorize rebidding or renegotiating of the Project of the Architect and Architect's consultants, costs of the land, within a reasonable time; rights-of-way, financing or other costs which are the .3 if the Project is abandoned, terminate in accordance responsibility of the Owner as provided in Article 4. If any with Paragraph 9.3; or portion of the Construction Manager's compensation is based upon a percentage of Construction Cost, then Construction .4 cooperate in revising the Project scope and quality as Cost, for the purpose of determining such portion, shaH not required to reduce the Construction Cost. include the compensation of the Construction Manager or Construction Manager's consultants. See Exhibit "A" 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Construction Manager, without additional charge, shall 5.2 RESPONSIBILITY FOR CONSTRUCTION COST cooperate with the Owner and Architect as necessary to bring Owner's budget, the Construction Cost within the flXed limit, if established as a 5.2.1 Evaluations of the Project condition of this Agreement. preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Construction ARTICLE 6 Manager represent the Construction Manager's best judgment CONSTRUCTION SUPPORT ACTIVITIES as a person or entity familiar with the construction industry. It Construction support activities, if provided by the is recognized, however, that neither the Construction Manager 6.1 nor the Owner has control over the cost of labor, materials or Construction Manager, shall be governed by separate equipment, over Contractors' methods qf determining bid contractual agreements unless otherwise provided in Article 14. prices, or over competitive bidding, market or negotiating 6.2 Reimbursable listed in Article for ," ,conditions. Accordingly, the Construction Manager cannot and expenses 14 "'--__)does not warrant or represent that bids or negotiated prices will construction support activities may be subject to trade not vary from the Project budget proposed, established or discounts, rebates, refunds and amounts received from sales of approved by the Owner, or from any cost estimate or surplus materials and equipment which shall accrue to the evaluation prepared by the Construction Manager. Owner, and the Construction Manager shall make provisions so that they can be secured. 5.2.2 No flXed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, ARTICLE 7 proposal or establishment of a Project budget unless such flXed OWNERSHIP AND USE OF limit has been agreed upon in writing and signed by the parties ARCHITECT'S DRAWINGS, SPECIFICATIONS hereto. If such a flXed limit has been established, the AND OTHER DOCUMENTS Construction Manager shall be permitted to include contingencies for design, bidding and price escalation, and shall 7.1 The Drawings, Specifications and other documents consult with the Architect to determine what materials, prepared by the Architect are instruments of the Architect's equipment, component systems and types of construction are service through which the Work to be executed by the to be included in the Contract Documents, to suggest Contractors is described, The Construction Manager may retam reasonable adjustments in the scope of the Project, and to one record set. The Construction Manager shall not own or suggest inclusion of alternate bids in the Construction claim a copyright in the Drawings, Specifications and other Documents to adjust the Construction Cost to the fixed limit. documents prepared by the Architect, and unless otherwise Fixed limits, if any, shall be increased in the amount of any indicated the Architect shall be deemed the author of them and increase in the Contract Sums occurring after execution of the will retain all common law, statutory and other reserved rights, Contracts for Construction. in addition to the copyright. All copies of them, except the 5.2.3 If the Bidding or Negotiation Phase has not Construction Manager's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of commenced within 90 days after submittal of the Construction the Project. The Drawings, Specifications and other documents Documents to the Owner, any Project budget or fixed limit of prepared by the Architect, and copies thereof furnished to the Construction Cost shall be adjusted to reflect changes in the Construction Manager, are for use solely with respect to this general level of prices in the construction industry between the Project. They are not to be used by the Construction Manager on other projects or for additions to this Project outside the /-'" 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.w., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT B80l/CMa V OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIA@ . WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b801cma.aia -. 3/27/2003. AlA License Number 1116767, which expires on 3/4/2004. Electronic Format B801/CMa-1992 7 scope of the Work without the specific written consent of the 9.1 This Agreement may be terminated by either party Owner and Architect. The Construction Manager is granted a upon not less than seven days' written notice without cause. limited license to use and reproduce applicable portions of the sfteHl4 -the ~ ~ ..fail substantially 4e perform .ffi - 8 Drawings, Specifications and other documents prepared by the accordancc -wHfl-the4efrns-ef-1ffis }.greemen t through -lHl-faHk- Architect appropriate to and for use in the performance of the ef -the ~ initiating -the termination, -If termination is Construction Manager's serVices under this Agreement. effected the Construction Manaaer will be comoensated All copies made under this license shall bear the statutory for all services to the date of comoensation. copyright notice, if any, shown on the Drawings, Specifications 9.2 If the Project is suspended by the Owner for more and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for than 30 consecutive days, the Construction Manager shall be other purposes in connection with this Project is not to be compensated for services performed prior to notice of such construed as publication in derogation of the Architect's suspension. When the Project is resumed, the Construction copyright or other reserved rights. Manager's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the ARTICLE 8 Construction Manager's services. ARBITRATION 9.3 This Agreement may be terminated by the Owner 8.1 Claims, disputes or other matters in question between upon not less than seven days' written notice to the the parties to this Agreement arising out of or relating to this Construction Manager in the event that the Project is Agreement or breach thereof shaIlmav at the Owner's ootion permanently abandoned. If the Project is abandoned by the be subject to and decided by arbitration in accordance with the Owner for more than 90 consecutive days, the Construction Construction Industry Arbitration Rules of the American Manager may terminate this Agreement by giving written Arbitration Association currently in effect unless the parties notice. mutually agree otherwise. 9.4 Failure of the Owner to make payments to the 8.2 Demand for arbitration shall be flied in writing with Construction Manager in accordance with this Agreement shall the other party to this Agreement and with the American be considered substantial nonperformance and cause for ~ Arbitration Association. A demand for arbitration shall be termination. made within a reasonable time after the claim, dispute or other 9.5 If the Owner fails to make payment when due the matter in question has arisen. In no event shall the demand for Construction Manager for services and expenses, the arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or either Construction Manager may, upon seven days' written notice to ~ '\ matter in question would be barred by the applicable statutes of the Owner, suspend perform~nce of services under this , limitations. Agreement. Unless payment m full IS received by the \J Construction Manager within seven days of the date of the 8.3 Ne arbitration -aHsffig ~ -ef -€>I' relating 4e -1ffis - notice, the suspension shall take effect without further notice. }.greement -sflaIl include, -by con5Ellidation, ieinder -€>I'.ffi.;my- In the event of a suspension of services, the Construction other manRer, aR additioRal per50n or entity not a party to this Manager shall have no liability to the Owner fm delay or },greement, ~ -by -wffiten consent containing -a specific- darr:age caused to the Owner because of such suspension of reference te this }.greemeRt signed by the O'.;ner, Construction services. M:anager, -and .;my~i*f5eIl-€>l'-€ffiity-5ffifgfil4e -be-jeine4,- 9.6 In the event of termination not the fault of the Consent to arbitration involving _ additional-f'ef56Fl-€>l'~ Construction Manager, the Construction Manager shall be shall not censtitlJle conseRtto arbitration of aRY claim, disputc compensated for services performed prior to termination, Elf ether matter in questien not described in the \fritteR consent together with Reimbursable Expenses then due and all ef-wHfl-ai*f5ell or entity nElt named or described therein. The Termination Expenses as defmed in Paragraph 9.7. foregEling agreement 4e arbitrate -and ~ agreements 4e - arbitrate -with-an additional-pel'S6Fl-€>l'-€ffiity4Hly consented-{e- 9.7 Termination Expenses are those costs directly by thc partics te this Agreement shall be specifically eRforceable attributable to termination for which the Construction in accordance -wHfl applicable -law .ffi .;my '€ffiffi -fta'fiftg - Manager is not otberwise compensated. jurisdiction thcreof. 8.4 The award rendered by the arbitrator or arbitrators ARTICLE 10 shall be final, and judgment may be entered upon it in MISCELLANEOUS PROVISIONS accordance with applicable law in any court having jurisdiction 10.1 Unless otherwise provided, this Agreement shall be thereof. governed by the law of the place where the Project is located. ARTICLE 9 10.2 Terms in this Agreement shall have the same meaning TERMINATION, SUSPENSION OR as those in the edition of AIA Document A2Ol/CMa, General ABANDONMENT Conditions of the Contract for Construction, Construction Manager-Adviser Edition, current as of the date of this Agreement. ( ') 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT BB01/CMa ~ OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIA@ - WARNING: Unlicensed photocopying violates u.s. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without vioiation until the date of expiration as noted below. User Document: b80lcma.aia - 3/27/2003. AlA License Number 1116767, which expires on 3/412004. Electronic Format B801lCMa-1992 8 10.3 Causes of action between the parties to this Construction Manager's operations under this Agreement and Agreement pertaining to acts or failures to act shall be deemed for which the Construction Manager may be legally liable. to have accrued and the applicable statutes of limitations shall .1 claims under workers compensation, disability benefit ".. -, commence to run not later than either the date of Substantial 'J Completion for acts or failures to act occurring prior to and other similar employee benefit acts which are Substantial Completion, or the date of issuance of the final applicable to the operations to be performed; Project Certificate for Payment for acts or failures to act .2 claims for damages because of bodily lllJUry, occurring after Substantial Completion. occupational sickness or disease, or death of the 10.4 Waivers of Subrogation. To the extent Construction Manager's employees; insurance covera~e is not compromised, The Owner .3 claims for damages because of bodily injury, sickness and Construction Manager waive all rights against each other or disease, or. death of any person other than the and against the Contractors, Architect, consultants, agents and Construction Manager's employees; employees of any of them, for damages, but only to the extent covered by property insurance during construction, except such .4 claims for damages insured by usual personal injury rights as they may have to the proceeds of such insurance as set liability coverage which are sustained (1) by a person forth in the edition of AIA Document A2oJ./CMa, General as a result of an offense directly or indirectly related to Conditions of the Contract for Construction, Construction employment of such person by the Construction Manager-Adviser Edition, current as of the date of this Manager, or (2) by another person; Agreement. The Owner and Construction Manager each shall require similar waivers from their Contractors, Architect, .5 claims for damages, other than to the Work itself, consultants, agents, and persons or entities awarded separate because of injury to or destruction of tangible contracts administered under the Owner's own forces. property, including loss of use resulting therefrom; 10.5 The Owner and Construction Manager, respectively, .6 claims for damages because of bodily injury, death of a bind themselves, their partners, successors, assigns and legal person or property damage arising out of ownership, representatives to the other party to this Agreement and to the maintenance or use of a motor vehicle. partners, successors, assigns and legal representatives of such 11,1.2 The insurance required by Subparagraph ll.l.l shall be other party with respect to all covenants of this Agreement. Neither Owner nor Construction Manager shall assign this written for not less than limits of liability specified in Article 14 Agreement without the written consent of the other. or required by law, whichever coverage is greater. Coverages, This Agreement represents the entire and integrated whether written on an occurrence or claims-made basis, shall 10.6 be maintained without interrup1ion from date of " ) agreement between the Owner and Construction Manager and commencement of operations under this Agreement until date \ supersedes all prior negotiations, representations or of final payment and termination of any coverage required to ~ agreements, either written or oral. This Agreement may be be maintained after final payment. amended only by written instrument signed by both Owner and ARTICLE 12 Construction Manager. PAYMENTS TO THE CONSTRUCTION MANAGER 10.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a 12.1 DIRECT PERSONNEL EXPENSE third party against either the Owner or Construction Manager. 12.1.1 Direct Personnel Expense is defined as the direct 10.8 Unless otherwise provided in this Agreement, the salaries of the Construction Manager's personnel engaged on Construction Manager and the Construction Manager's the Project and the portion of the cost of their mandatory and consultants shall have no responsibility for the discovery, customary contributions and benefits related thereto, such as presence, handling, removal or disposal of or exposure of employment taxes and other statutory employee benefits, persons to hazardous materials in any form at the Project site, insurance, sick leave, holidays, vacations, pensions and similar including but not limited to asbestos, asbestos products, contributions and benefits. polychlorinated biphenyl (PCB) or other toxic substances. 12.2 REIMBURSABLE EXPENSES ARTICLE 11 INSURANCE 12.2.1 Reimbursable Expense are in addition to compensation for Basic and Additional Services and include 11.1 CONSTRUCTION MANAGER'S LIABILITY expenses incurred by the Construction Manager and INSURANCE Construction Manager's employees and consultants in the interest of the Project, as identified in the following Clauses. 11.1.1 The Construction Manager shall purchase from and 12.2.1.1 Expense of transportation in connection with the maintain ina company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such Project, expenses in connection with authorized out-of-town insurance as will protect the Construction Manager from travel; long-distance communications; and fees paid for claims set forth below which may arise out of or result from the , ,@ 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT B801lCMa ......J OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIA@ - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b80lcma.aia -- 3/27/2003. AlA License Number 1116767, which expires on 3/4/2004. Electronic Format B80l/CMa-1992 9 securing approval of authorities having jurisdiction over the or otherwise not constructed, compensation for those portions Project. of the Project shall be payable to the extent services are . .. performed 011 those portions, in accordance with Subparagraph / '1 12.2.1.~ Expe~se.of reprod~c~IOns, postage, express deliv~nes, 13,2.1, based on (I) the lowest bona fide bids or negotiated \....J elect~omc. facsimile transmiSSIOns and handling of DraWIngs, proposals, or (2) if no such bids or proposals are received, the SpecificatIons and other documents. latest approved estimate of such portions of the Project. 12.2.1.3 If authorized in advance by the Owner, expense of 12.4 PAYMENTS ON ACCOUNT OF ADDITIONAL overtime work requiring higher than regularrates. SERVICES AND REIMBURSABLE 12.2.1.4 Expense of additional insurance coverage or limits EXPENSES requested by 0e Owner in excess of that normally carried by 12.4.1 Payments on account of the Construction Manager's the ConstructIOn Manager. Add" 1 S' d cR' b bl Ex h 11 b ItIona ervICes an lor erm ursa e penses s a e 12.3 PAYMENTS ON ACCOUNT OF BASIC made monthly upon presentation of the Construction SERVICES Manager's statement of services rendered or expenses incurred. 12 3 1 An... 1 t C h' Ph' h 12.5 PAYMENTS WITHHELD . . mltIa payment as se 10rt m aragrap 13.1 IS t e minimum payment under this Agreement. 12.5.1 No deductions shall be made from the Construction 12.3.2 Subse uent a ents for Basic Services shall be made Manager's compensation on a~count of penalty, liquidated q p ym . .. damages or other sums Withheld from payments to monthly and, where applicable, shall be m proportion to C t t t f th t f h . W k . .. h h . h b . on rac ors, or on accoun 0 e cas 0 c anges m or services performed Wlthm eac p ase of service, on t e aSls set th th th C h' h th C t t' M h b ~ rth' S b h 0 er an ose lor w IC eons ruc IOn anager as een o m u paragrap 13.2.1. found to be liable. ~2.3.3 If and to the extent t~at the time init.ially established 12.6 CONSTRUCTION MANAGER'S m Subparagraph 13.5.1 of thiS Agreement IS. exceeded or ACCOUNTING RECORDS extended through no fault of the ConstructIOn Manager, . co~pensati.on for any services ren~ered during the addition.a! 12.6.1 Records of Reimbursable Expenses and expenses penod of trme shall be computed m the manner set forth m rt .. t Add't' 1 S' d . C d th S b h pe ammg 0 IlOna eTVIces an services penorme on e u paragrap 13.3.1. basis of a multiple of Direct Personnel Expense shall be 12.3.4 When compensation is based on a per,centage of available ~o the Owner or. the. Owner's authorized Construction Cost and any portions of the Project are deleted representatIve at mutually convement tunes. r " '--") ARTICLE 13 BASIS OF COMPENSATION The Owner shall compensate the Construction Manager as follows: 13.1 AN INITIAL PAYMENT of Zero Dollars ($ 12) shall be made upon execution of this Agreement and credited to the owner's account at fmal payment. 13.2 BASIC COMPENSATION 13.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 14 as part of Basic Services, Basic Compensation shall be computed as follows: For Pre-Construction Phase Services: (Insert basis of compensation. including stipulated sums, multiples or percentages.) See Exhibit "A" For Construction Phase Services: (Insert basis of compensation. including stipulated sums, multiples or percentages.) See Exhibit "An / (Q 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT B801/CMa V OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIA@ - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b80lcma.aia -. 3127/2003. AlA License Number 1116767, which expires on 3/4/2004. Electronic Format B80l/CMa-1992 10 13.3 COMPENSATION FOR ADDITIONAL SERVICES 13.3.1 FOR ADDITIONAL SERVICES OF THE CONSTRUCTION MANAGER, as described in Article 3, and any other services ,- -, included in Article 14 as Additional Services, compensation shall be computed as follows: . ....J (Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees. if reqw"red. Identify specific services to which particular methods of compensation apply, if neCeSS8I}'.) 13.4 REIMBURSABLE EXPENSES 13.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph U.2, and any other items included in Article 14 as Reimbursable Expenses, a multiple of Zero ( Q ) times the expenses incurred by the Construction Manager and the Construction Manager's employees and consultants in the interest of the Project. 13.5 ADDITIONAL PROVISIONS 13.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Twenty Six (26 ) months of the date hereof, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as provided in Subparagraphs 12.3.3 and 13.3.1. 13.5.2 Payments are due and payable I!J.i.dy (30) days from the date of the Construction Manager's invoice. Amounts unpaid . Thirtv ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate ofinterest agreed upon.)' Leoal rate of interest as set bv Minnesota Statute Section 549.09. (Usury laws and requirements under the Federal Truth in Lending Act, similar stale and local consumer credit laws and other regulations at the Owners and Construction Manager's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 13.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Construction Manager. r , ) " - I '<91992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT BB01/CMa \ ) OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIA@ - WARNING: Unlicensed photocopying violates U.S. copyright laws and ~ will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b80lcma.aia -- 3/27/2003. AlA License Number 1116767, which expires on 3/4/2004. Electronic Format BBOl/CMa-1992 11 - ARTICLE 14 OTHER CONDITIONS OR SERVICES , - , . _ .J (Insert descriptions of other services. identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms ~ included in this Agreement.) 14.1 LIMITS ON INSURANCE The insurance required by Article Ii shall be written for not less than the following limits, or greater if required by law: (Insert the sped1ic dollar amounts [or the appropriate insurance limits o[liability.) See attached Certificate of Insurance This Agreement entered into as of the day and year first written above. OWNER CONSTRUCTION MANAGER (Signature) (Signature) (Printed name and title) (Printed name and title) " ) '" _J , , !<l 1992 _ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AlA DOCUMENT B80l/CMa ;. ;' OWNER-CONSTRUCTION MANAGER AGREEMENT - 1992 EDITION - AIA@ - WARNING: Unlicensed photocopying violates U.S. copyright laws and ~ will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: b80lcma.aia -- 3127/2003. AlA License Number 1116767, which expire~ on 3/4/2004. Electronic Format B801lCMa-1992 12 ('€J , " CITY OF ANDOVER J 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Council members CC: John Erar, City Administratovli/ FROM: Will Neumeister, Director of Community Developmentf~ SUBJECT: Review CDBG Rental Housing Rehabilitation Program DATE: April l, 2003 INTRODUCTION In February, Anoka County tentatively approved of Andover's CDBG application to establish a program for the rehabilitation of rental housing where the residents are low or moderate income. The program coordinator for Anoka County has informed the City that the next step in the pursuit of the CDBG funding is to put together the details of the program that will be implemented and this must be provided to them by April 8, 2003. \ '. ) This report will detail the thoughts that City staff have regarding the way this would work. Before this is submitted for County review, staff would like direction from the Council regarding the details of the program. DISCUSSION The City staff would put together a mailing to the owners of rental units to explain the program would be a loan program. The loan program could be set up to be deferred, interest or non- interest bearing. The staff suggested that to make it advantageous to the owners to participate, it may need to be deferred with a portion being an outright grant or non-interest bearing. The City would like to make all rental buildings that are 2 -8 units eligible for the program on a competitive basis. The basic program for upgrading the rental units would be a combination of the following potential improvements: . Basic health and life safety (i.e. lead based paint, asbestos removal); . Separations (i.e. electric services, water services, fire separations between units); . Cosmetic and/or aesthetic improvements (i.e. siding, cabinets, carpet, paint, heating upgrades). In explaining the basic program to the owners, it would be emphasized that the owners of the \ , units may want to take advantage of the program to help them to upgrade the units and at the , / same time ready them for separate owner occupancy. The staff would put together information for the owners of the rental unit that would explain the process whereby the owner could potentially make the improvements and if they were side-by-side duplexes they could ultimately " be split and there is the potential to make more money from the sale of two units as owner 'J occupied than leaving them as investor owned. For example, the duplex today that sells for $l80,000 with somewhere around $l5,000- $20,000 of work could be prepared for a split that would enable each side to be sold for $l20,000. rfthis is the case, then the owner who may be tired of taking care of the rental of units may see that there would be potential profit of$40,000 in splitting the unit and the units would be upgraded in the process with the assistance of the rehabilitation program. If the units are sold, then the money would be returned to the City for re- use and put to work on the next units that would be on the eligibility list. ACTION REOUESTED Council is asked to please review the CDBG rental housing rehabilitation program and determine if this is the direction that staff should pursue. Respectfully Submitted, ~ Will Neumeister :~) '~ -', @) CITY OF ANDOVER ~J 1685 CROSSTOWN BOULEVARD N. W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administrator ..IJt/. It> David D. Berkowitz, City EngIneer 1> ij) FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Consider Results of Intersection Study/Stop Signs at 139th Avenue NW & Quinn Street NW - Engineering DATE: April 1, 2003 INTRODUCTION This item is in regard to the traffic results at the intersection of 139th Avenue NW & Quinn Street NW. DISCUSSION The traffic study was authorized by the City Council in August of 2002. Attached are the results for / '\ a 48 hour traffic count. The Minnesota Manual on Uniform Traffic Control Devices (Section 2B.7 '-- ) Multiway Stop Applications) provides guidance in deciding to install multiway stop signs based on an engineering study. In reviewing criteria A-D, in staffs opinion it does not meet any of the criteria and it is also staffs opinion that the other options that are available in determining if a 4- way stop is warranted do not meet any of the criteria. The Anoka County Sheriffs Department has indicated to City staff that there were no reported accidents at the intersection. Note: There are a couple trees that appear to be restricting view in the southeast and southwest corner of the intersection. It is staffs recommendation that we meet with the property owners regarding the trees to discuss removing them if they are in the right-of-way and obstructing view or work with them to trim the trees to provide a better sight distance. ACTION REQUIRED It is recommended based on the evaluation that a multi way 4-way stop sign not be installed but to direct staff to meet with the property owners to remove the necessary trees or branches to increase sight distance. Note: It is recommended that the City Council visit the intersection prior to the meeting to get a visual view of the intersection. Respectfully submitted, , '\ ~/~ 1 Todd J. Haas ....-/ cc: Ann Hoag, 2215 - l40th Lane NW, Andover ,-. :,J Scott Erickson City of Andover City Engineer RE: Intersection Studies The intersection of 139th AV NW and Quinn St. NW had traffic counters installed 1 0/8/02 and they were removed approximately 48 hours later. N. Quinn --- 740 S. Quinn --- 1541 E. 139 ST --- 799 W. 1 39 ST --- 669 The intersection of, 174th Lane and Bittersweet St. had traffic \ counters installed 10/29/02 and they were removed about 48 'J hours later. W. 174 Lane --- 438 E. 174 Lane --- 241 Bittersweet St. --- 90 If you have any questions I contact me at ext. 1 70. ~enms M'~ s~ePt. 1JJ1::c .' L " ) 'J I GUIDANCE: I The following criteria should be considered in the If stop lines are to be used to supplement a STOP sign, engineering study for a multi-way STOP sign installation: ,~ , , they should be located at the point where the road user A. Where traffic control signals are justified, the multi- <J should stop (see Section 38.16). way stop is an interim measure that can be installed If only one STOP sign is installed on an approach, the quickly to control traffic while arrangements are being STOP sign should not be placed on the far side of the inter- made for the installation ofthe traffic control signal. section. B. A crash problem, as indicated by 5 or more reported crashes in a 12-month period that are susceptible to Where two roads intersect at an acute angle, the STOP correction by a multi-way stop installation. Such sign should be positioned at an angle or else shielded so that crashes include right- and left-turn collisions as well the legend is out of view of traffic to which it does not apply. as right-angle collisions. Where there is a marked crosswalk at the intersection, the C. Minimum volumes: STOP sign should be installed approximately 1.3 m (4 ft) in I. The vehicular volume entering the intersection advance of the crosswalk line nearest to the approaching from the major street approaches (total of both traffic. approaches) averages at least 300 vehicles per hour for any 8 hours of an average day, and I OPTION: I 2. The combined vehicular, pedestrian, and bicycle At wide-throat intersections or \vhere two or more volume entering the intersection from the minor approach lanes of traffic exist on the signed approach, street approaches (total of both approaches) observance of the stop control may be improved by the averages at least 200 units per hour for the same 8 installation of an additional STOP sign on the left side of the hours, with an average delay to minor-street road and/or the use of a stop line. At channelized intersec- vehicular traffic of at least 30 seconds per vehicle tions, the additional STOP sign may be effectively placed on during the highest hour, but a channelizing island. 3. If the 85th-percentile approach speed of the major- street traffic exceeds 40 mph, the minimum I SUPPORT: I vehicular volume warrants are 70 percent of the Figure 2A-2 shows some typical placements of STOP above values. '\ sIgns. D. Where no single criterion is satisfied, but where \ Criteria B, C.l, and C.2 are all satisfied to 80 percent ,p.c 2B.7 Multiway Stop Applications of the minimum values. Criterion C.3 is excluded from this condition. I SUPPORT: I OPTION: I Multiway stop control can be useful as a safety measure Other criteria that may be considered in an engineering at intersections if certain traffic conditions exist. Safety study include: concerns associated with multi way stops incl ude pedestrians, bicyclists, and all road users expecting other A. The need to control left-turn conflicts; road users to stop. Multiway stop control is used where the B. The need to control vehicle/pedestrian conflicts near volume of traffic on the intersecting roads is approximately locations that generate high pedestrian volumes; equal. C. Locations where a road user, after stopping, cannot The restrictions on the use of STOP signs described in see conflicting traffic and is not able to safely negotiate the intersection unless conflicting cross Section 28.5 also apply to multiway stop applications, traffic is also required to stop; and I GUIDANCE: I D. An intersection of two residential neighborhood collector (through) streets of similar design and The decision to install multiway stop control should be operating characteristics where multiway stop control based on an engineering study. would improve traffic operational characteristics of the intersection. , i '--' 2B-3 December, 2001 . n~ 1 ~ !. I I 1 .~r.:iffi _L:I ,~ .xl,,'y \ I ]'<' :y,~ , i " ~... ~~ 1Ti.Ti5 1\ .., . "w ' ,,, ..I!I.I, 11....~.v4".. ,/~1:~M~ I ~7 .._-;~, ~~'" ~I_~ 4!' .. ~.. 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WWW.CI.ANDOVER.MN.US '....../ TO: Mayor and Council Members CC: John Erar, City Administrato~a-v David D. Berkowitz, City Engineeri)1)]3 FROM: Todd 1. Haas, Asst. City Engineer SUBJECT: Consider Results of Intersection Study/Stop Signs at 174th Lane NW & Bittersweet Street NW - Engineering DATE: April l, 2003 INTRODUCTION This item is in regard to the traffic results at the intersection of 174th Lane NW & Bittersweet Street NW. DISCUSSION The traffic study was authorized by the City Council in September of 2002. Attached are the results . ) for a 48 hour traffic count. The Minnesota Manual on Uniform Traffic Control Devices (Section '_'/ 2B.4 Stop Sign Applications) provides guidance in deciding to install stop signs based on an engineering study. In reviewing criteria A-D, staffs opinion is that criteria A applies to Bittersweet Street NW as the less important road based on traffic volumes. But it is staffs opinion that the west leg of 174th Lane NW should have a stop sign as the road provides a safer situation as it appears to have the best sight distance to conflicting traffic. Note: Ifthe City Council is not familiar with the intersection, it has a very large turning radius which seems to make the intersection look like this is alot of pavement and could be confusing if you are not familiar with or do not live in the area. At some point when the street needs to be re-paved, the intersection may need to be re-constructed to reduce the turning radius of the curbs. ACTION REOUIRED It is recommended based on the evaluation that a stop sign be installed for the west leg of l74th Lane NW at Bittersweet Street NW. Note: It is recommended that the City Council visit the intersection prior to the meeting to get a visual view of the intersection. Respectfully submitted, ) ~t~ "~/ Chapter 2B. Regulatory Signs " I ',J 2B.l Application of Regulatory Signs I GUIDANCE: I m:milmI The Expressway and Freeway sizes should be used for higher-speed applications to provide larger signs for Regulatory signs shall be used to inform road users of increased visibility and recognition. selected traffic laws or regulations and indicate the applica- I OPTION: I bility ofthe legal requirements. Regulatory signs shall be installed at or near where the The Minimum size may be used on low-speed roadways regulations apply. The signs shall clearly indicate the where reduced legend size would be adequate for the requirements imposed by the regulations and shall be regulation or where physical conditions preclude the use of designed and installed to provide adequate visibility and the other sizes. legibility in order to obtain compliance. The Oversized size may be used for those special appli- Regulatory signs shall be retroreflective or illuminated to cations that require increased emphasis, improved show the same shape and similar color by both day and recognition, or increased legibility. night, unless specifically stated otherwise in the text 2B 4 STOP Sign (Rl-l) discussion of a particular sign or group of signs (see Section "I(- . 2A.8). The requirements for sign illumination shall not be considered to be satisfied by street, highway, or strobe lighting. [_J ~ALL WAY~ 2B.2 Design of Regulatory Signs '\ ,_J I SUPPORT: I R1-1 R1-3 R1-4 Most regulatory signs are rectangular, with the longer 750 x 750 mm 300 x 150 mm 450 x 150 mm dimension vertical. The shapes and colors of regulatory 30" x 30" 12" x 6" 18" x 6" signs are listed in Tables 2A-3 and 2A-4, respectively. 1~'~'I~'t~t:t Exceptions are specifically noted in the following Sections. The use of educational plaques to supplement symbol When a sign is used to indicate that traffic is always signs is described in Section 2A.13. required to stop, a STOP (RI-I) sign shall be used. 2B.3 Size of Regulatory Signs The STOP sign shall be an octagon with a white legend and border on a red background. Secondary legends shall not I SUPPORT: I be used on STOP sign faces. If appropriate, a supplemental The Mn/DOT "Standard Signs Manual" 1 and the Federal plaque (RI-3 or RI-4) shall be used to display a secondary legend. Such plaques shall have a white legend and border "Standard Highway Signs" 2 book contains sign sizes and on a red background. If the number of approach legs letter heights for regulatory signs used on conventional controlled by STOP signs at an intersection is three or more, roads, expressways, freeways, and low-volume roads, and the numeral on the supplemental plaque, if used, shall under special conditions. correspond to the actual number of legs controlled by STOP D~'~'I~'t~t1 signs. The sizes for regulatory signs shall be as shown in Appendix C at the back of this Manual. 1 Available from Minnesota Department of Transportation, Office of Systems and Support Services, Map & Manual Sales Unit, see page ii. , , 2 Available from the Government Printing Office, see page ii. ) '- -~ 2B-l December, 2001 At intersections where all approaches are controlled by intersections where traffic control signals are installed and STOP signs (see Section 2B.7), a supplemental plaque operating. '-J (RI-3 or RIA) shall be mounted below each STOP sign. Portable or part-time STOP signs shall not be used except I OPTION: I for emergency and temporary traffic control zone purposes. The ALL WAY (RI-4) supplemental plaque may be used I GUIDANCE: I instead of the 4-WAY (RI-3) supplemental plaque. STOP signs should not be used for speed control. I SUPPORT: I STOP signs should be installed in a manner that The design and application of Stop Beacons are described minimizes the numbers of vehicles having to stop. At inter- in Section 4K.5. sections where a full stop is not necessary at all times, con- sideration should be given to using less restrictive measures 2B.4.1 CROSS TRAFFIC DOES NOT such as YIELD signs (see Section 2B.8). STOP Plaque (RI-X2) Once the decision has been made to install two-way stop control, the decision regarding the appropriate street to stop CROSS TRAffiC should be based on engineering judgment. In most cases, the . . street carrying the lowest volume of traffic should be I DOES NOT STOP stopped. , A STOP sign should not be installed on the major street R1-X2 unless justified by a traffic engineering study. 600 x 450 mm 24" x 18" I SUPPORT: I I OPTION: I The following are considerations that might influence the The CROSS TRAFFIC DOES NOT STOP sign may be decision regarding the appropriate street upon which to used at intersections where geometric, topographic or other install a STOP sign where two streets with relatively equal conditions exist and motorists approaching a STOP sign volumes and/or characteristics intersect: , , may expect cross traffic to stop. When used, it shall be A. Stopping the direction that conflicts the most with ,J installed on the same structure as the STOP sign beneath established pedestrian crossing activity or school all other supplemental plaques. walking routes; LlDEI B. Stopping the direction that has obscured vision, dips, or bumps that already require drivers to use lower Its use shall be limited to those intersections where an operating speeds; engineering and traffic investigation indicate a need. C, Stopping the direction that has the longest distance of uninterrupted flow approaching the intersection; and 2B.5 STOP Sign Applications -"" D. Stopping the direction that has the best sight distance to conflicting traffic. I GUIDANCE: I The use of the STOP sign at highway-railroad grade STOP signs should not be used unless engineering crossings is described in Section 8B.7. judgment indicates that one or more of the following 2B.6 STOP Sign Placement conditions exist: ~ A. Intersection of a less important road with a main road LlDEI where application of the normal right-of-way rule The STOP sign shall be installed on the correct side of the would not be expected to provide reasonably safe operation; traffic lane to which it applies. When the STOP sign is B. Street entering a through highway or street; installed at this required location and the sign visibility is C. Unsignalized intersection in a signalized area; and/or restricted, a Stop Ahead sign (see Section 2C.26) shall be D. High speeds, restricted view, or crash records that installed in advance of the STOP sign. indicate a need for control by the STOP sign. The STOP sign shall be located as close as practical to the ~ intersection it regulates, while optimizing its visibility to the Because the potential for conflicting commands could road user it is intended to regulate. create driver confusion, STOP signs shall not be installed at STOP signs and YIELD signs shall not be mounted on the , , same post. \._-~ ) December, 2001 2B-2 _____ __._ ___,., _ ~-.-. _...._-..:... __::..'~'~...c:c;_....,,~., --Jlf."ilL2C:..~- - . , , 'I Scott Erickson ",J City of Andover City Engineer RE: Intersection Studies The intersection of 139th AV NW and Quinn St. NW had traffic counters installed 1 0/8/02 and they were removed approximately 48 hours later. N. Quinn --- -740 S. Quinn --- 1541 E. 139 ST --- 799 W. 1 39 ST --- 669 ... The intersection of 1 74th Lane and Bittersweet St. had traffic , '1 counters installed 10/29/02 and they were removed about 48 '_./ hours later. W. 174 Lane --- 438 E. 174 Lane --- 241 Bittersweet St. --- 90 If you have any questions, contact me at ext. 170. ~ennis Madde~ 1 51Zept. #- If!J4;L .,. L " '\ " ) ~ ~ - ,.,.- .' - . r ~ 'J FLOWERS v BIRDS . . . . . . Z Z "'" .~'" ~~ ~ ~ .~ ~.~ ~. z~~~~"'~~. _" _~.~z. .~..~"z,,~. ~wz l~g_,,~~~5z .~ :,,!!~~~ Z,,~~;;:~;,,~ ,,~~ ~ ,.:;;~.~2~g~ gg s~~..~ ;;...z~zo.~ ~~z " ,~~~~ti5~~~ Ole ~:;j~g~ z5~:;;5~~~:;;~ ~.~ ~ 51-~a::o~6~::I5 ~> ~99<C:~ !2!~lCffiit~J:~5 U10Z!:2~ ~ _ ....v.""cl,,)1Il N,.xt;>:ll-IDICO - .;;;=; ., ' , ,CITY OF: ,0"'" GROVE, ANO~;A CO. " ------' L., ~f ~ \ 1 , I Iill:.Ei r" \ "~/J'~; TS ~F E Gin OF ANDOVER" 'f'-'.' . , ,2 l"1.z' \ II _ \ :c' " . ,('f' ~ ' , .' '00:--' \ . ~' z I -it: J;.I . tJ ,"I 2 ~ .. .. 1f ,(' I --.. ~I I .. I , L . .. , . \ -r,', 'I, '; L--J ; , . " \ ,,' .. -- - ' -..p-- ~\ L-\ -W" f.f"iA1", . HAWK.l , I ' II ~ _.' _' . \J .~" , . 1--' . r~', ' . .. R.L.$. No.47. .,. 1:: "p-- I - ::;-- Y.::__ - ---- -----~ ~. 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City Engineer SUBJECT: Consider Results of Intersection Study/Stop Signs at Station Parkway NW & Thrush Street NW - Engineering DATE: April 1, 2003 INTRODUCTION This item is in regard to the traffic results at the intersection of Station Parkway NW & Thrush Street NW. r , DISCUSSION ',-.-/ The traffic study was requested by the City Council in November of 2002. Attached are the results for a 72 hour traffic count. The Minnesota Manual on Uniform Traffic Control Devices (Section 2B.7 Multiway Stop Applications) provides guidance in deciding to install multiway stop signs based on an engineering study. In reviewing the criteria, in staffs opinion, it does appear to meet one of the criteria. Even though the intersection is not a residential district, the intersection of the two are collector streets of similar design and operating characters. By placing a 4-way stop sign situation at this intersection, in staffs opinion, it would improve traffic operational characteristics of the intersection and Improve safety concerns for pedestrians/bicyclists which are anticipated to be higher with the shopping areas. ACTION REQUIRED It is recommended based on the evaluation that a multi way 4-way stop sign be installed. Note: It is recommended that the City Council visit the intersection prior to the meeting to get a visual view of the intersection. Respectfully submitted, T~i'~ The inte~section of Sta~ion Parkway N.W. and Thrush St. N.W. I 0 had traffic counters installed 1/06102 and they were removed about 72 hOurs later. . North nU-ush St flJ . . . 2609 1659. , West -A . t ~~ ' ': L'.;,~ East : t 933 1462 '1 r.. t 584 11-,1. :, I I I .jlr.,Xr.fffl -1 ' '~''''':''''~'' y \ I I II~' ,J ,/~, ~""A ' T. 1::/2 10010[' I .!!1"'LrOt; ""~''>;~.. o Ih I ~/<'l>"'O.. . ~, r"I<-<... i, I sOUA"F ~~, '.>- /I '-c "..... "IV ,." 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I s::) T. .. "'" /;;:j .~" , ~ "-r~',~ '. . ~l:i: RAl:q,l~ :" I'; 'TlPo" '*! . I ~ "" '. " '%' .. ":" :",? '.:','. ,.--.-, '.. . :!W.0>l!i\;.,~ ::: .... ,," . : :.",,= I r~ . .' . . . '~...n .".. ".," Ifltt:.a:}~"'"r,/.:.::jN " "'~ii',,, IT, ' '.' "" D" . '; ____ -L....::" ~ ~..,., . CITY OF C'X/1 ;:t,.:.i'-;DS;-t,I"iOf(f:\ GO.~'~ ' I \ .,--~,I '-- . CITY OF ANDOVER . 1685 CROSSTOWN BOULEVARD N. W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Council Members FROM: John Erar, City Administrator SUBJECT: Supplemental Agenda Items for April 1, 2003 Council Meeting DATE: April l, 2003 The City Council is requested to review the supplemental material for the following Agenda Items: Accept Additional Information under Consent Items . Item 7. Approve Plans & Specs/Order Advertisement for Bids/03-3/2003 Crack Sealing- Engineering ACTION REOUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement of bids for Project 03-3, 2003 Crack Sealing in Zone #2 and additional areas (Timber River Estates & Shadowbrook). . Item 8. Approve Plans & Specs/Order Advertisement for Bids/03-4/2003 Sealing Coating _ Engineering ACTION REOUlRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement of bids for Project 03-4, 2003 Seal Coating in Zone #1 and additional areas (Rolling Meadows Estates & Meadowlark Heights). Table under Consent Items . Item l5. Approve Final Plat/Woodland Estates 4th Addition _ Planning Accept Additional Item under Consent Items . Item l7b. Authorize ExpenditureILand PurchaseILouden Property _ Finance Re~OC~~~d' 1:fJ !. J . F. Erar ity Administrator . @ CITY OF ANDOVER 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: John Erar, City Administrato;YC- FROM: Jim Dickinson, Finance Director SUBJECT: Authorize Expenditure/Land Purchase/Louden Property DATE: Aprill,2003 INTRODUCTION The Andover City Council at a previous meeting authorized the purchase of the Steve Louden property adjacent to the Water Treatment plant site. DISCUSSION The Finance Department is seeking authorization to issue a check for the closing of the property on April ih. The definitive dollar amount of that check at this point is not known due to closing costs associated with the purchase. A $2,000 earnest deposit has all ready been provided, leaving $178,000 due on the price for the real and personal property. BUDGET IMPACT The land purchase will be funded through the Building Fund. I ACTION REOUlRED The Andover City Council is requested to authorize the Finance Director to issue a check in the amount to close the Louden property purchase, an amount not to exceed $182,000. - - D\4G-\ NA-L W DATE April 1, 2003 1.1.. I ITEMS GIVEN TO THE CITY COUNCIL ~ ~ ~ Maple Hollow Final Plat ~ Shady Oak Cove Final Plat ~ Woodland Estates 4th Addition Final Plat - PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G:\DA T A \ST AFF\RHONDAA \AGENDA \CCLlST.DOC