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CC - July 3, 2012
Y 0 F 0 j r E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, July 3, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (6/19/12 Regular; 6/19/12 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Accept Contribution/CenterPoint Energy/Fire Department Equipment — Finance 4. Accept Petitions/Waive Public Hearing/Order & Approve Feasibility Report/l 1 -10 /South Coon Creek Drive NW Reconstruction/Water Main - Engineering 5. Withdraw Petition (3060 South Coon Creek Drive NW) /11 -10 /South Coon Creek Drive NW Reconstruction/Water Main — Engineering 6. Order Improvement/Order & Approve Plans & Specs /Order Quotes /12- 3/2012 Crack Sealing - Engineering Discussion Items 7. Discuss /Approve Liquor License Extension for Beef O'Brady's — Administration 8. Discuss /Approve Land Purchase Agreement PID's 17- 32 -24 -13 -0003 & 17- 32- 24 -12- 0007 — Administration Staff Items 9. Schedule July Council Workshop — Administration 10. Administrator'sReport — Administration Mayor /Council Input Adjournment .ANDOV!E^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: July 3, 2012 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: June 19, 2012 Regular June 19, 2012 Closed DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 6 REGULAR ANDOVER CITY COUNCIL MEETING — JUNE 19, 2012 7 MINUTES 8 9 10 The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike 11 Gamache, June 19, 2012, 7:02 p.m., at the Andover City Hall,, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Mike Knight, Julie Trade, and Tony Howard 15 Councilmember absent: Sheri Bukkila 16 Also present: City Administrator, Jim Dickinson 17 Community Development Director, Dave Carlberg,, 18 Fire Chief,,Dan Winkel 19 20 21 PLEDGE OFALLEG]ANCE 22 23 24 RESIDENT FORUM 25 26 No one wished to address the Council. 27 28 29 AGENDA APPROVAL 30 31 Mayor Gamache added Item 7a, Resignation of the Senior Planner to the agenda and stated there 32 was supplemental information added to the monthly Sheriff s Report and the closed session 33 scheduled will also include discussion on property negotiations for open space. 34 35 Motion by Councilmember Knight, Seconded by Councilmember Trade, to approve the Agenda as 36 amended with the supplemental agenda information. Motion carried unanimously. 37 38 39 APPROVAL OF MINUTES 40 41 June 5, 2012 Regular City Council Meeting 42 43 Councilmember Trade stated on page 4, line 33, the word "in" should be changed to "is ". 44 45 Councilmember Trade stated on page 11, lines 39 -40, insert "parking lot, and building" after 46 baseball fields. Regular Andover City Council Meeting Minutes — June 19, 2012 Page 2 1 Councilmember Trude stated on page 13, in the motion strike the words "on the need for the 2 preparation of and insert "denying the need for". 3 4 Motion by Councilmember Trude, Seconded by Councilmember Howard, to approve the June 5, 5 2012, Regular City Council Meeting minutes as amended. The motion carried unanimously. 6 7 June S, 2012 Closed City Council Meeting 8 9 Motion by Councilmember Trude, Seconded by Councilmember Howard, to approve the June 5, 10 2012, Closed City Council Meeting minutes as presented. The motion carried unanimously. 11 12 SPECIAL PRESENTATION— CENTERPOINT ENER GY PAR TNERSHIP GRANT 13 14 Mr. Scott Lehner, CenterPoint Energy, presented Fire Chief Winkel with a grant for $2,200 15 which would be used for the upgrade of the Fire Department's self contained breathing 16 apparatuses. 17 18 Fire Chief Winkel accepted the grant and thanked CenterPoint Energy for the grant. 19 20 CONSENT ITEMS 21 22 Item 2 Approve Payment of Claims 23 Item 3 Approve Lease Agreement with Anoka- Hennepin School District/2012 Andover 24 Family Fun Fest 25 Item 4 Approve Revisions to Dugouts /Sunshine Park 26 Item 5 Approve Easement/11 -10 /South Coon Creek Drive NW Reconstruction 27 Item 6 Approve Final Plat/Arbor Oaks (See Resolution R060 -12) 28 Item 7 Accept Contribution/Sweet Toppings LLC /Hickory Meadows Park (See 29 Resolution R061 -12) .30 Item 7a Accept Resignation of the Senior Planner and Authorize Human Resources to 31 Begin Recruitment for a New Senior Planner 32 33 Councilmember Howard asked if the lease agreement with Anoka- Hennepin School District is 34 for the whole property or just the portion that has traditionally been used for the Family Fun Fest. 35 36 Administrator Dickinson stated the lease is for the entire property and there will be a plan for 37 relocating certain segments of the Fun Fest based on the weather or if any flooding may occur. 38 39 Motion by Councilmember Knight, Seconded by Councilmember Howard, for approval of the 40 Consent Agenda as presented. Motion carried unanimously. 41 42 ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT 43 Regular Andover City Council Meeting Minutes —June 19, 2012 Page 3 Commander Halweg, Anoka County Sheriff's Office, provided the City Council and residents with an update on law enforcement activities within the City for May 2012 including 10 DUI arrests, 5 domestic assaults, and an incident that resulted in felony terroristic threats. Councilmember Trude asked if the person who had been the center of a search on Saturday had been located. Commander Halweg explained this person had been located. 10 Mayor Gamache asked if the significant drop in DUI arrests was likely due to Pov's closing. 11 12 Commander Halweg stated the number of DUI arrests has dropped significantly on the days that 13 had been traditionally high when Pov's was open, Thursday evenings. 14 15 Fire Chief Winkel acknowledged Commander Halweg's 10 -week training course at the FBI 16 Academy in Quantico, Virginia. He stated there were three (3) people from Minnesota selected 17 to attend the program and there were 48 states and 24 foreign countries represented at the training 18 course. 19 20 Mayor Gamache stated the Sheriff's Department would be participating in a mock major 21 catastrophic drill this Saturday at Federal Cartridge. 22 23 Fire Chief Winkel stated the Fire Department from Andover and surrounding communities would 24 also be participating. 25 26 Commander Halweg stated the annual Safety Camp had over 100 students this year and was a big 27 success. 28 29 Councilmember Trude stated there had been some problems with being able to distribute the 30 flyers through the school due to the current policy the school district has for these types of 31 announcements. She stated this process would be reviewed and the proper steps taken to get this 32 information distributed through the schools. 33 34 Councilmember Knight commended Commander Halweg for being selected to attend the training 35 course at the FBI Academy. 36 37 CONSIDER VARMNCE REQUEST (12 -01) TO CITY CODE 13 -1 -3 FREQUENCY OF 38 SPLITTING LOTS AT 15873 LINNET STREET NW 39 40 Community Development Director Carlberg stated the applicant is seeking approval of a variance 41 to allow two lot splits to occur without the 3 -year waiting period required by City Code 13 -1 -3. 42 This is an unusual request due to the fact that variances to this section of the City Code are 43 typically reviewed as part of a lot split application as provided by City Code 13 -1 -7. In August Regular Andover City Council Meeting Minutes —June 19, 2012 Page 4 1 of 1977 the City adopted Ordinance 40 to formalize a process for the splitting of lots by metes 2 and bounds descriptions. This process is essentially a waiver of platting requirements. Staff 3 could not find record of a variance being approved to allow splitting of multiple lots through the 4 lot split ordinance after Ordinance 40 was adopted. The Engineering Department is 5 recommending that a grading plan be prepared and approved for the entire site so that as lots are 6 individually graded, drainage will not affect other lots as they develop. Staff cannot recommend 7 approval of the proposed variance due to the fact it conflicts with City Code 13 -1 -7 and the intent 8 of City Code 13 -1 -1 and City Code 13 -1 -3. The Planning Commission reviewed this request and 9 recommended denial with a 5 -1 split vote. He explained the difference between doing a lot split 10 and going through the platting process would be in a lot split the City is only looking at the lot 11 that is split off but in a plat the City would be looking at the entire site. 12 13 Councilmember Knight asked if there had been any similar requests in the past that had not been 14 approved by the City. 15 16 Community Development Director Carlberg stated staff could not find any records of similar 17 applications. 18 19 Councilmember Trude clarified the City has had two (2) lot plat applications that have been 20 approved but these had followed the City's procedures and gone through the platting process. 21 The City's ordinances and laws encourage the platting process so the development can be 22 reviewed as a whole to ensure proper drainage and easements. The Engineering Department is 23 recommending that a grading plan be prepared and approved for the entire site. The grading that 24 had been done with the original Cardinal Ridge plat was done so the developer would not have to 25 construct retaining walls to ensure proper drainage but this does not mean the lots are graded the 26 exact same as the Cardinal Ridge lots. This property was not included in the approved Cardinal 27 Ridge plat so the grading was not reviewed. 28 29 Mr. Scott Allen, 155873 Linnet Street NW, Andover, explained he is requesting a variance 30 allowing him to split and sell two (2) of his four (4) possible lots at this time. The two (2) future 31 lots have been fully graded with the Cardinal Ridge 2nd Addition plat and once they are split 32 would be ready for sale. Currently there is a builder interested in purchasing these lots if the 33 variance could be obtained. He stated he would be willing to grant the necessary easements to 34 the City in order to complete the request. The City's Engineering Department has requested a 35 grading plan be completed for the entire lot but this is unnecessary because the two (2) proposed 36 lots have been graded to specifications for the Cardinal Ridge 2nd Addition. A grading plan 37 would be needed if he were going to sell the remaining lots because these have not been graded, 38 and there is a grade separation. 39 40 Councilmember Trude stated the grading could still pose a problem because there would be 41 homes on these lots now and this would change the drainage patterns. She stated a grading 42 evaluation should still be required. 43 Regular Andover City Council Meeting Minutes —June 19, 2012 Page 5 Mr. Allen stated the lots had been graded previously. Once the irons are placed in the corners they are ready to be built on and there are no additional changes in the grading expected. He explained the remaining property would not change and the drainage would remain the same as it is currently. He stated he would agree that a full grading and drainage plan would need to be done if he were to split the remaining two (2) lots from his property in the future but he is not planning on doing anything with these two (2) lots at this time. 8 Community Development Director Carlberg provided a ghost plat, which showed the parcels 9 being considered and the location of Mr. Allen's home. 10 11 Councilmember Trude asked if the two (2) lots are part of the Cardinal Ridge plat. 12 13 Mr. Allen stated these lots were not part of the Cardinal Ridge plat. They are included on the 14 grading plan but they are not part of Cardinal Ridge 2nd Addition. At the time of the 15 development it was easier for Mr. Minks to get these lots up to grade rather than build a retaining 16 wall. 17 18 Councilmember Trude stated there are two problems. One is Mr. Allen is a City employee and 19 the Council and staff know him well. Second, there are potentially four (4) lots and the City has 20 required other developers to go through the platting process regardless of the number of lots. She 21 expressed concerns that approving this would set a precedent for other property owners who 22 would like to split a couple of lots without going through the platting process. The platting 23 process sets easements and better property descriptions. 24 25 Mr. Allen stated he would have a surveyor place the comer irons and he would grant any 26 drainage and utilities easements the City may require. He explained if the lots are split then he 27 would not have to have grading done. He had received a quote to have the platting done for the 28 two lots and it was double the cost of doing two lot splits. 29 30 Councilmember Trude clarified the applicant has a plan for the future development of this 31 property and if the Council approves this lot split now it would set a precedent for the applicant 32 to request a similar split in three (3) years without having to plat the property. 33 34 Mr. Allen clarified he is only requesting a variance from the number of variances requests that 35 can be done in a three (3) year period for these two (2) lots because they are already graded and 36 should not require a plat to be done. He explained his plan was apply for this variance and if it 37 were approved he would apply for the two (2) lot splits. His remaining property would then be 38 under the 2.5 -acre minimum. He would then apply for a variance to not hook up to City water 39 and services. He has a fairly new septic system and he would like to continue to use until it fails. 40 41 Community Development Director Carlberg stated if the variance were granted then the applicant 42 would also have to request to have the two (2) lots rezoned from R -1, Single - Family Rural to R- 43 4, Single - Family Urban. The remaining property would then be 2 -acres and he would have to Regular Andover City Council Meeting Minutes — June 19, 2012 Page 6 request a variance or rezoning for this property. Mayor Gamache stated there seems to be a full grading plan and it is the same as the grading for the rest of the development. He clarified the Council is more concerned about the plat process not being followed. He stated if these two (2) parcels had been owned by Cardinal Ridge then the City would not have required the developer to plat Mr. Allen's property and review the drainage so he is unclear why the City would want to require Mr. Allen to provide a full plat of the remaining property when these two (2) lots have already been graded to match the development. 10 11 Community Development Director Carlberg stated the City does not require an adjacent property 12 to plat their property but in this situation the property owner is requesting a lot split, which brings 13 the whole property into question. 14 15 Councilmember Trude asked if this could be split as one parcel and then whoever purchases it 16 includes it as an amendment to their development. It would then become part of a plat. 17 18 Mr. Allen stated the developer does not want to do this. The developer wants to be supplied with 19 finished lots. These two (2) lots are graded to match the Cardinal Ridge 2nd Addition. He 20 clarified the remaining portion of his property was not graded the same way. The remaining 21 property was only graded to drain into the swale. If the remaining lots were sold then a fall 22 grading and drainage plan would be needed. 23 24 Councilmember Knight stated these lots provide a practical location for two (2) new homes. 25 26 Councilmember Trude clarified the City needs to consider the process and if they are willing to 27 forgo the process and potentially set a future precedent. 28 29 Mayor Gamache stated in order to grant the variance the City would need to find reasons for this. 30 31 Councilmember Trude stated practical difficulty cannot include the applicant not wanting to pay 32 to have the property platted. 33 34 Mr. Allen stated this is a unique situation because these lots are part of a new development 35 grading plan. 36 37 Community Development Director Carlberg stated he could not say for certain the grading has 38 not been verified. 39 40 Councilmember Trude stated the Engineering Department would not have gone onto private 41 property to verify the grading. 42 43 Mr. Allen stated they might have verified it because he had granted full access to the City and the Regular Andover City Council Meeting Minutes — June 19, 2012 Page 7 developer at the time the grading had been done. Councilmember Howard stated the City does not know for certain that these two (2) proposed lots are certifiable to the grading plan. Mayor Gamache stated the City has something on file showing the remaining lots had been examined. 9 Councilmember Trude stated the City is making an assumption that something that was sketched 10 in and not legally part of the developer's obligation, is going to meet the grading plan on file. 11 She clarified a lot split is when a parcel property is breaking off one (1) section. If there are more 12 than one (1) parcel split off then the platting process comes into effect. 13 14 Mayor Gamache stated at this time he is showing these potential lots as part of a grading plan and 15 any future split he does would require a grading plan because he does not have one for those lots. 16 17 Mr. Allen stated at this time he is only asking the Council to consider the frequency of lot split 18 requests. He would still need to apply for the actual lot splits and the grading would be looked at 19 more closely with that application. 20 21 Community Development Director Carlberg expressed concerns if the variance is granted. The 22 area had been graded in order to avoid the need for a retaining wall. If the variance were granted 23 then the three (3) year waiting period would no longer apply for future requests. Developers 24 could work out grading issues with adjacent owners and then those property owners could come 25 in and expect to split their properties without waiting the three (3) years. 26 27 Councilmember Trude stated the City is uncertain if the grading plan had been carried out on Mr. 28 Allen's property. There was no permit for work done off -site from the plan. She suggested the 29 Council table this discussion until an engineer would be available. 30 31 Mayor Gamache asked if there was a way these two (2) lots could be sold. 32 33 Community Development Director Carlberg stated the applicant could sell the piece that would 34 be the two (2) lots but then the developer would have to wait three (3) years to split the property 35 again or they would have to plat the property. The platting process would make this a 36 subdivision. 37 38 Councilmember Knight stated if stipulations were made to the approval and if this would prevent 39 setting precedent for future requests he would be in favor. 40 41 Community Development Director Carlberg stated if this application were granted then the 42 findings as to practical difficulties would need to be identified that make this situation unique. 43 There has not been a variance granted since 1977 and approving this request may change the Regular Andover City Council Meeting Minutes —June 19, 2012 Page 8 three (3) year waiting requirement. Councilmember Howard stated he is concerned about setting a precedent for future developers and property owners. Mr. Allen stated if the application is denied then he could split one (1) lot now then wait three (3) years to split the other lot and this would accomplish the same thing he is requesting to do at this time. 10 Councilmember Trude stated the advantage of the platting process is being able to do things like 11 this more efficiently. 12 13 Community Development Director Carlberg explained the purpose of the three (3) year window 14 is to encourage people to plat their property to look at the entire property. If the Council grants a 15 variance then there needs to be sound findings so that other property owners and developers 16 don't come in with similar situations and request a lot split. Doing lot splits encourages piece - 17 by -piece development and the platting process encourages better development. 18 19 Councilmember Trude asked if zoning ordinances applied the same way to lot splits as they do 20 for developments. 21 22 Community Development Director Carlberg stated the zoning is the set backs and lot dimensions 23 and those apply but the subdivision process does include things like grading, drainage and utility 24 easements and a more detailed review of not just the parcel but the entire subject property. 25 26 Mayor Gamache clarified going through the platting process would not make the sale of these 27 lots financially feasible for the applicant. He also stated the grading was not verified at the time 28 it was done so the City is unsure if the plans were followed. 29 30 Councilmember Trude stated the City Engineer is recommending a full grading plan and this 31 expense would be similar to the expense incurred for platting the property. 32 33 Mayor Gamache asked if the City would be creating a worse situation by making Mr. Allen wait 34 three (3) years between lot splits and no grading plan would be required. 35 36 Community Development Director Carlberg stated as he gets building permits he would have to 37 have grading plans for the property but it would be better to look at the entire property at one 38 time. 39 40 Mayor Gamache stated the only practical difficulty is the financial costs and this alone is not a 41 reason for practical difficulty. 42 43 Mr. Allen suggested the request be tabled until the Council was able to view the property. Regular Andover City Council Meeting Minutes —June 19, 2012 Page 9 1 Mayor Gamache stated Engineering would need to look at the property to see if it was graded 2 properly but this may not change the outcome. 3 4 Motion by Councilmember Trade, Seconded by Councilmember Howard to deny a variance to 5 City Code 13 -1 -3 frequency of splitting lots on property located at 15873 Linnet Street NW. 6 7- Councilmember Trade stated she would not like to have the City set a precedent that would 8 circumvent the platting process. This application does not meet the requirements for a variance. 9 10 Councilmember Knight stated this is a unique situation. 11 12 Councilmember Trade stated there are other areas in the City that were required to follow the 13 platting process. 14 15 The motion was called to a vote. 16 17 The motion carried. 3 ayes, 1 nay (Knight). (See Resolution R062 -12) 18 19 RESCUED ULE A UGUST 7, 2012 COUNCIL MEETING 20 21 Councilmember Trade asked if the Council would be reviewing the Wal -Mart application at this 22 meeting. 23 24 Community Development Director Carlberg stated the earliest the Council would have the 25 application for review would be the August 21St meeting. 26 27 Motion by Councilmember Trade, Seconded by Councilmember Howard to Reschedule the August 28 7, 2012 Regular City Council Meeting to Wednesday, August 8, 2012, at 7:00 p.m. The motion 29 carried unanimously. 30 31 SCHEDULE EDA MEETING 32 33 Motion by Councilmember Trade, Seconded by Councilmember Howard to schedule an EDA 34 meeting at 6:00 p.m. prior to the July 3, 2012 Regular City Council meeting. The motion carried 35 unanimously. 36 37 Councilmember Trade suggested staff be sure there will be a quorum present for this meeting. 38 39 SCHEDULE JULY WORKSHOP 40 41 Mayor Gamache stated July 24th would work for the workshop. 42 43 Councilmember Trade stated that date might not work for her. Regular Andover City Council Meeting Minutes —June 19, 2012 Page 10 Mayor Gamache suggested scheduling the July workshop at the next regular meeting. ADMINISTRATOR'S REPORT 5 City Administrator Dickinson updated the City Council and the residents regarding 6 administration and city department activities, development and CIP projects, and upcoming 7 meetings and community events including the upcoming major catastrophe drill and the number 8 of calls the Public Works Department has been getting regarding the storm water. He 9 encouraged residents to keep their garage doors closed. He also stated there has been a rise in the 10 number of vandalism reports. 11 12 Community Development Director Carlberg stated the final plat for Arbor Oaks was approved 13 and staff is working through the commercial site plan and will execute the final development 14 agreement. The ground breaking will be in July and he will work with the developer to schedule 15 an official groundbreaking ceremony. He explained the earliest the Planning Commission and 16 the Council would review the Wal -Mart application would be in August. There are two (2) lots 17 with building permits currently under construction at Parkside at Andover Station. The City is 18 also working on completing smaller plats for Miller's Woods 3rd Addition and Woodland Estates 19 5d' Addition. He stated there would be a neighborhood meeting regarding the helicopter rides for 20 Family Fun Fest. 21 22 MAYORICOUNCIL INPUT 23 24 (Letter from City of Sartell) Mayor Gamache stated the City had received a letter from the City 25 of Sartell thanking Fire Chief Winkel for his service during the recent situation they had. 26 27 (Annual Business Development Golf Tournament) Mayor Gamache stated the Anoka County 28 Sheriff's Office won the annual Business Development Golf Tournament and the event had been 29 a success. 30 31 (Election Equipment) Councilmember Trade stated she had attended a meeting regarding the 32 election equipment and the County will be purchasing the equipment and the City will pay 33 $70,000 over a 10 -year period. The Finance Department has reviewed the arrangement and 34 agrees with it. This will be presented as a Joint Powers Agreement at a future meeting. 35 36 (Library Grant) Councilmember Trade stated she had met with the Library Director for the 37 County. Andover is part of a grant that is being submitted. There would be potential for library 38 lockers for residents to be able to pick -up and drop -off materials at the Community Center. She 39 stated she had also talked with the YMCA Youth Services Director regarding the potential for e- 40 books to be available at the Community Center for kids. She stated she would be going on a 41 tour next week to see some of the equipment that is available for e- readers. 42 43 (Quad -City TV Interviews) Councilmember Trade stated interviews for the Quad -City TV 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Regular Andover City Council Meeting Minutes —June 19, 2012 Page 11 Executive Director would be held on Monday. (Resident Achievement) Councilmember Knight recognized Tom Anderson for achieving the State Record in shot put and discus. Mayor Gamache recessed the regular City Council meeting at 8:35 p.m. to a closed session of the City Council to discuss Public Works Union negotiations and property acquisition negotiations for PID #11- 32 -24 -32 -0001, PID #11- 32 -24 -31 -0001, and PID #11- 32 -24 -24 -0001. The City Council reconvened at 8:58 p.m. ADJOURNMENT Motion by Councilmember Howard, Seconded by Councilmember Trade, to adjourn. Motion carried unanimously. The meeting adjourned at 8:59 p.m. Respectfully submitted, Tina Borg, Recording Secretary Regular Andover City Council Meeting Minutes —June 19, 2012 Page 12 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JUNE 19, 2012 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 1 SPECIAL PRESENTATION — CENTERPOINT ENERGY PARTNERSHIP GRANT ............... 2 CONSENTITEMS .......................................................................................... ............................... 2 Item2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Approve Lease Agreement with Anoka- Hennepin School District/2012 Andover FamilyFun Fest ................................................................................... ............................... 2 Item 4 Approve Revisions to Dugouts /Sunshine Park .............................. ............................... 2 Item 5 Approve Easement/11 -10 /South Coon Creek Drive NW Reconstruction .................... 2 Item 6 Approve Final Plat/Arbor Oaks (See Resolution R060 -12) .......... ............................... 2 Item 7 Accept Contribution/Sweet Toppings LLC/Hickory Meadows Park (See Resolution R061 -12) .............................................................................................. ............................... 2 Item 7a Accept Resignation of the Senior Planner and Authorize Human Resources to Begin Recruitment for a New Senior Planner ................................................ ............................... 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 2 CONSIDER VARIANCE REQUEST (12 -01) TO CITY CODE 13 -1 -3 FREQUENCY OF SPLITTING LOTS AT 15873 LINNET STREET NW (See Resolution R062 -12) .................. 3 RESCHEDULE AUGUST 7, 2012 COUNCIL MEETING ............................ ............................... 9 SCHEDULEEDA MEETING ......................................................................... ............................... 9 SCHEDULE JULY WORKSHOP ................................................................... ............................... 9 ADMINISTRATOR'S REPORT ................................................................... ............................... 10 MAYOR/COUNCIL INPUT ......................................................................... ................:.............: 10 (Letter from City of Sartell) ....................................................................... ............................... 10 Annual Business Development Golf Tournament ........................ 10 (Election Equipment) ................................................................................. ............................... 10 (Library Grant) ........................................................................................... ............................... 10 (Quad -City TV Interviews) ........................................................................ ............................... 10 (Resident Achievement) ............................................................................. ............................... 11 ANLb Y O F OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: July 3, 2012 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $291,552.28 on disbursement edit list #1- 2 from 06/27/12 — 06/29/12 have been issued and released. Claims totaling $409,609.17 on disbursement edit list #3 dated 07/03/12 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $701,161.45. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, �-1304-4 Lee Brezinka Attachments: Edit Lists W,:MT A V � L W OM!i �QJ O cd U A � 4 U y 0 U U Q U N N 0 N N 0 w. L V �C G z V u 2 V a, F Q C V T r. Cr K C 0 P. O R .L U V O z V 'o h O V O U M C �O O C O N h Y � � O U UN I V'1 r N CD 0 C) O O O 00 0 0 0 U O U L E E 7 J 0 Q 0 p v F. C i G C +UJ WUU W b30 0 v o '- 0 0 O W X U C U °U X O L V U L a w °z cJ c3 F 0 ►] ro N W N 0 N N CO 0 a W 0 0 G U U L i O fl. 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Y N U N 7 O U ,tLNDOVEA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator / Finance Lee Brezinka, Assistant Finance Direct Accept Contribution / CenterPoint Energy / Fire Department Equipment July 3, 2012 INTRODUCTION This item is in regards to approving a resolution accepting a contribution made by CenterPoint Energy to be used towards Fire Department Equipment. DISCUSSION CenterPoint Energy has made a one -time contribution of $2,200. ACTION REQUIRED The City Council is requested to approve the resolution accepting the contribution. Respectfully submitted, � zi - Lee Brezinka Attachments: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS FIRE DEPARTMENT EQUIPMENT. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from CenterPoint Energy to be used towards Fire Department Equipment. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards Fire Department Equipment. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of July 2012, 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 Michelle Hartner - Deputy City Clerk 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV - TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, City Enginee ire or of Public Works FROM: Jason J. Law, Assistant City Engineer 0 SUBJECT: Accept Petitions/Waive Public Hearing/Order & Approve Feasibility Report /11 -10 /South Coon Creek Drive NW Reconstruction/Water Main - Engineering DATE: July 3, 2012 INTRODUCTION The City has received petitions from two additional property owners for water main service improvements for Project 11 -10, South Coon Creek Drive NW Reconstruction. Due to the fact that the project is currently under construction, items typically presented at subsequent City Council meetings are combined in this item. DISCUSSION During the summer of 2012, water main will be constructed along South Coon Creek Drive NW between Crosstown Boulevard NW and 143rd Avenue NW. With this project, two additional property owners have petitioned the City to install water main service stubs to their properties (several other properties previously petitioned for the same improvements). There is the potential for significant cost savings for these improvements if installed with the roadway reconstruction versus at a future date. The following properties have petitioned for such improvements, and have agreed to waive the public hearing for said improvements: • 2439 South Coon Creek Drive NW • 3096 South Coon Creek Drive NW The petitions are for the service improvements only, not to hook up to the water system. A separate petition would be needed at a future date if and when the property owners choose to hook up to the City system. FeasibiliU Report The cost to install the water service to each property is estimated at $1,500 per service. The cost will vary for each property based upon the required length of the service line but will not exceed that amount. The water lateral, water area and water connection fee will be assessed at the time the property owner petitions to hook up the service. BUDGET IMPACT The estimated $1,500 charge will be assessed to each property as part of the South Coon Creek Drive NW reconstruction project. Mayor and Council Members July 3, 2012 Page 2 of 2 ACTION REQUIRED The City Council is requested to approve the resolution accepting petitions for water main service improvements, waiving the public hearing, and ordering and approving the feasibility report for Project 11 -10, South Coon Creek Drive NW Reconstruction. pectfully submitted, ason Law Attachments: Resolution & Petitions CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION, WAIVING PUBLIC HEARING, ORDERING PREPARATION OF A FEASIBILITY REPORT AND APPROVING FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATER MAIN SERVICE STUBS , FOR PROJECT NO. 11 -10, SOUTH COON CREEK DRIVE RECONSTRUCTION. WHEREAS, the City Council has received signed petitions from property owners at 2439 and 3096 South Coon Creek Drive NW requesting the construction of water main service stubs; and WHEREAS, it may be financially beneficial to said property owners to construct water service improvements with the reconstruction of South Coon Creek Drive NW; WHEREAS, a feasibility report has been presented to the City Council in regards to said improvements; 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. The petitioners have all agreed to waive the public hearing for the improvements. 3. The feasibility report is accepted and approved with an estimated assessment per unit of $1,500.00. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3`d day of July 2012, 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 Michelle Hartner — Deputy City Clerk * South Coon Creek Drive Reconstruction City Project #11 -10 Date (O/7 0 /1 Z Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: I /we do hereby petition for improvements of a water main service stub with the costs of the improvement to be assessed against my /our benefiting property. Said petition is unanimous and the public hearing may be waived. If I /we elect not to pay the assessment off before certification to the County, we would like it assessed over a 10 -year period. Sincerely,�2 Property Owner G �` `•- RKd Lilo- >Fia;f"f Address Sodu Wo. Cr"a Ah�r Nom► City, State, Zip A30% ,., AlPJ 53-30y Phone (Home) 74 3 _ 7T-7- 75L 2 (Work) HAEngineering \City Projects \Open City Projects \11 -10 S Coon Creek Dr NW Reconstruction \Word Documents \Correspondance \PETITION SINGLE.doc 06/25/2012 08:49 7637571551 CABINETRY CONCEPTS I PAGE 01/01 " South Coon Creek Drive Reconstruction City Project #11 -10 Date-6, "ate --la- J-6 S 0 0,) Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer. I /we do hereby petition for improvements of a water main service stub with the costs of the improvement to be assessed against my /our benefiting property. Said petition is unanimous and the public hearing may be waived. If Itwe elect not to pay the assessment off before certification to the County, we would like it assessed over a 10 -year period. ' I Sincerely, Property Owner Address City, State, Zip Phone (Home) 6 / -•i 3 Q -7 (� (Work) 7p 3 ` 7 'ar A i �` a wn ors out. �UN ouse X002 So c`1'3 7~� _ S7-f(4 f r s� 2 u N 4 o e3 w' q4 M? e, ate,Ve- 16 <K 7-a 13 (Z (I' Q T- I P17`` 6 . C: 1UserslBoblAppDatalLocaftMicrosoftlWindowslTemporary Intemet FjIeslContent1EaR1JUQL1 CTETITION SINGLE.doo T6 0 F C5 (AND r. ,. - 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator Wp David D. Berkowitz, City Engin 1r for of Public Works FROM: Jason J. Law, Assistant City Engineer SUBJECT: Withdraw Petition (3060 South Coon Creek Drive NW) /11 -10 /South Coon Creek Drive NW Reconstruction/Water Main - Engineering DATE: July 3, 2012 INTRODUCTION The property owners at 3060 South Coon Creek Drive NW have submitted a request to withdraw a previously approved petition for water main service improvements for Project 11 -10, South Coon Creek Drive NW Reconstruction. DISCUSSION Several property owners along South Coon Creek Drive NW have petitioned to have water main service stubs installed for their properties along with reconstruction of South Coon Creek Drive NW. The residents at 3060 South Coon Creek Drive NW previously petitioned the City to have a service installed at their property, which was approved by the City Council. They have since submitted a request to withdraw their petition and they no longer wish to have a water service installed with this project. BUDGET IMPACT None. ACTION REQUIRED The City Council is requested to approve the resolution withdrawing the previously approved petition for water main service improvements at 3060 South Coon Creek Drive NW for Project 11 -10, South Coon Creek Drive NW Reconstruction. espectfully submitted, Jason J. Law, P.E. Attachments: Resolution & Petition Withdrawal Request CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION WITHDRAWING PETITION FOR WATER MAIN SERVICE IMPROVEMENTS AT 3060 SOUTH COON CREEK DRIVE NW, FOR PROJECT NO. 11 -10, SOUTH COON CREEK DRIVE RECONSTRUCTION. WHEREAS, the City Council has previously received and approved a signed petition from the property owners at 3060 South Coon Creek Drive NW requesting the construction of a water main service stub; and WHEREAS, said owners have subsequently requested that said petition be withdrawn as they no longer wish to have a water main service installed with said project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the petition for water main service improvements for 3060 South Coon Creek Drive NW that was previously approved be withdrawn and no water main service improvements shall be constructed for said property under the South Coon Creek Drive NW Reconstruction Project, City Project 11 -10. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of July , 2012, with Councilmembers favor of the resolution, and Councilmembers voting in voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER Michael R. Gamache - Mayor Jason Law From: Thomas Bollig [tdbollig @gmail.comj Sent: Monday, June 18, 2012 9:33 PM To: Jason Law Cc: Jake Knutson Subject: RE: S. Coon Creek Drive NW /Water Main Service Tap Hello Jason, Thank you for providing this information. After further review, we have decided to not have a water tap installed for our property at this time: 3060 S. Coon Creek Dr. Please consider this our official withdrawal of our petition for a If there is a form which needs to be filled out, please provide. Tom & DiAnn Bollig 3060 S. Coon Creek Dr. NW Andover, MN Ph# 763 - 767 -7522 Cell #612-581-3039 From: Jason Law fmailto:J.Law(cbandovermn.aov] Sent: Tuesday, June 12, 2012 2:25 PM To: tdbollic0gmail.com Cc: Jake Knutson Subject: RE: S. Coon Creek Drive NW /Water Main Service Tap Tom and Dianne, We have a tap shown in the plan for your lot. The water main is on your side of the street, but it will be about 10 into the road from the back of the proposed curb. To connect in the future, you'd have to pay for removal and replacement of half of the roadway width and curb and gutter, traffic control to do the work, restoration work, and you'd see increased costs as prices are low for this due to the scale of the project. The service with this project will be in the $1200 -$1500 range. If you waited until the project was done to do it, to give you a ball park, you'd probably have to multiply that by a factor of 3 to 4. Yes, it would be cheaper compared to someone who may be on the other side of the road, but the major cost savings you are realizing by doing it now are the removal and replacement of the roadway, and all other associated work (traffic control, mobilization, etc) are paid for by the project. I do not know where your service lines are now. The water line is tentatively shown about 10; -15' west of your driveway. If you would like it in a different location, work with Jake Knutson on that in the field. Jason Jason J. Law, PE CITY OF ANDOVER Assistant City Engineer (763) 767-5130 (phone) (763) 755 -8923 (fax) From: Jake Knutson Sent: Tuesday, June 12, 2012 1:23 PM To: Jason Law Subject: FW: S. Coon Creek Drive NW /Water Main Service Tap From: Thomas Bollig [mailto:tdbollig('0gmail.com] Sent: Tuesday, June 12, 2012 1:22 PM To: Jake Knutson Subject: S. Coon Creek Drive NW /Water Main Service Tap Hi lake, We live on 3060 S. Coon Creek Dr. NW. We received the Andover letter dated June 8th and saw you would be a contact point for the project. We have some questions about requesting the Water Main Service Tap. Back in March we had submitted the form to ask of the service tap for our property. Is a letter being sent out with more details? We thought at the time I was to submit the form if I was "interested ", with more information to follow. We are trying to understand to what extents the future cost will be, should we not add the service tap at this time. Thinking that if it is on our side of the street, it would be less costly to add the tap later. On which side of the street will the water main run on past my property, North or South Side? Where in relation to the Center Point Electrical lines will the water line be? How do you determine where the tap will be placed from east to west along our front property line? Please provide any information you can on the Water Main Service Tap subject and for my questions. Best Regards, Tom & DiAnn Bollig 3060 S. Coon Creek Dr. NW Andover, MN Ph# 763 - 767 -7522 Cell #612 - 581 -3039 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of PubliccWorks /City Engineer SUBJECT: Order Improvement/Order & Approve Plans & Specs /Order Quotes12- 3/2012 Crack Sealing - Engineering DATE: July 3, 2012 C(0) INTRODUCTION The City Council is requested to order the improvement, order and approve plans and specifications and order quotes for 2012 Crack Sealing, Project 12 -3. 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. Crack sealing is identified in the 2012 -2016 Capital Improvement Plan. Areas to be crack sealed this year are street reconstruction projects that have been completed in the last 5 years. The project areas are shown on the attached maps. BUDGET IMPACT The City's 2012 -2016 Capital Improvement Plan identifies a budget of $110,000. The program has been reduced this year to development areas that have been recently reconstructed. The estimated project cost is $30,000. The funding for this work will be from the Road & Bridge Fund. ACTION REQUIRED The City Council is requested to approve the resolution ordering the improvement, order and approve plans and specifications and order quotes for 2012 City Project 12 -3, 2012 Crack Sealing. Respectfully submitted, David D. Berkowitz Attachments: Resolution & Location Maps CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT, ORDER AND APPROVE PLANS AND SPECIFICATIONS AND ORDER QUOTES FOR THE IMPROVEMENT OF PROJECT NO. 12 -3 FOR THE 2012 CRACK SEALING . WHEREAS, the City Council is cognizant of the need for the crack sealing improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2012 Crack Sealing, Project 12 -3; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3�d day of July '2012. 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 to hereby direct the City Engineer to solicit quotes for such improvement project. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3`d day of July 2012 , 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 Michelle Hartner — Deputy City Clerk 17190 It "' 17185 17170 17105 17150 17125 17130 17110 GROW OAK VIEW ESTATES 17101 L E G E N D Project Location Lots /Parceis Park C' Water t� Right of Way 0 City Limits N W E S 0 170 340 680 Feet 1 OF 4 16932 i 16927 1 ANO D <> r 2012 Crack Seal Woodland Meadows 4OU -1 1 1 / / Is 1 G401 i 2421 1 - 17750 2350 2367 ` n751 2300 2315 1 7so 177TH U l 2135 2250 17739 2265 2207 2155 2105 17679 `- "25251 Park Water 17280 17281 2250 176TH Li' City Limits 2368 2316= 17634 17641 VERDINACRES 176TH AV= 2 17338 17629 2204 2156 — 17280 17270 17251 U 17230 17231 2251 1723° LU 220s 2654 2367 2319 � 17577 17623 2436 = 2211 604Q 2538 2518 Z.,.,, 139 1-- 2181 .. 7170 LU r � 17171 2250 17506 � 1 570 17595 17230 0l LL-11 2362 17533 � 2258 sTy Q 2138 17231 2585 2535 17138 7130 tl 17131 7132 J 2200 174TH UP 2491 17488 ` Q 17133 2110 2070 17567 17496 2301 2281 2162 2538 2447 TRY 174TH CSR 2089 2023 2596 ATES 2360 2314 17044 2194 2128 �s �p.�' 511 � 2140 1745 _. �00� O� OC' 7428 W 2306 w00DLP� 2106 I 2575 1 2430 0 268 MEOWS 2066_ 2022 2474 Z- :5 17391 2233 -7340 17371 2618 2562 2514 17330 IL 2220 17321 17271 L E G E N D Project Location 17261 Park Water 17280 17281 2250 Right of Way City Limits 17338 2625 17280 17280 17281 2250 2 17338 17280 17270 17251 17230 17231 2251 1723° 220s 2654 �`U 172ND AV= 2159 17240 17241 139 17174 .. 7170 LU r � 17171 2250 vooewa' 2184 � 17230 17181 Q 2138 17231 17138 7130 tl 17131 7132 J Q 17133 2110 2070 ITE %S 16950 2349 2301 2077 170TH LN TRY 17041 ATES 2360 2314 17044 2194 2128 �s L E G E N D Project Location Lots /Parcels Park Water Right of Way City Limits N H E s 0 250 500 1,000 Feet 2OF4 0 L E G E N D 0 Project Location Lots /Parcels r 2012 Crack Seal Water ANDMA Right of Way City Limits 157th Ave - Prairie Rd east to University Ave 1 680 556 4 16 4 16069 16080 0 5. 16019 428 360 16019 512 470 1601 16021 16040 1 465, 260 230 1 C oak " Hallow, 525 475 15974 CO 159 15929 575 159TH q 1/_ 383 15983 91 1 91 . 15922 0 3 770 MTLLERSWOODS 524 F15883 1 876 O O 7 8 574 W 15880 O 5 T331275 U „.. 15827 1 8 531 15818 ;; 15833 15762 -! iMiLLER'S WOODS 2ND 577 OAK HOLLOW 375 227 125 75 15830 1 183 15745 6 4 3 _ 15783 u 546 496 Q 15726 ', 773 1 719 677 1 629 15733 157TH AV= 553 461 130 H 227 83 w 752 524 567 (o 442 234 561 i 15633 722 648624 : 565 Q 264 15620 Z z 3 C W 156 4 15615 654 562 5 562 443 412 156 2 e.0 1156TH 15553 � AV: 15608 W 2 15549 5 02 5 554- 155 4 U 5 34 Y 462 5 Q 155 4 15535 "'" 1552 155 4 552 637 IL 155 4 NORDEEN,ADDI710N 15527 - - - 551 264 15570 15540 1 -: 15505 7 1:.550 552 610 6 55 3 1 5 4 2 155 551 15452 1 3 163 15486 849 15451 652 - 15380 125 D��y �S 836 - 15425 15360 ,�4E� - Q� 97 15357 o��Pa 1537 15375 144 15380 296 715327 15300 15333 15348 153361 - 15309 42 L E G E N D 0 Project Location Lots /Parcels Park Water [ Right of Way City Limits 0 350 700 1,400 TT MMMMM�M Feet 3OF4 14065 1 _.4049 6283616: 1139733pl 14058 1403 4 403 14027 402 j 402 4015 'J co 1401 14023 LL1 8 37 3 140121 0 61401 401 4009 ¢ M 140TH AV = 14003 1 op3 0' w 8 10 13993 0- 1 999 � x37 2 13979 1 989 O 3696 O 13977 8 139TH7L`3 91.36673649 13967 Z 3516 3 18 7063692 666 65 3640 13961 54 352 1 139TH AV= �1P 693 13857 13852 1 890 pl 13857 1 884 70 13845 13844 1 WJ 372 369 13835 13836 1 858 J 70 Ii 71 368 J 13823 1 85 C) 1 8271381TH U i 38a w 1 ` M 13819 Z 13803 13808 1380313802 13747 13758 8 13786 13785 13737 13752 13770 13735 13727 13748 AbZ '113756 �g 371,91, " 13742 LOCAL OIL ADD ��O 13728 3257 3633 1.731 A 13714 BUNKER LAKE BL-V 1AM5 - 4E L E G E N D 14101 Project Location (14084 14057 Lots /Parcels 14079 Park Rose Park14084 Water ', 14051 3200 Right of Way 14044 City Limits 0 2012 Crack Seal Northglen 14001 3466 13987 3971 48 34p5_ 139 13887 13875 X13861 - -- --'>i4iva 13892 13878 14101 13961 (14084 14057 13951 14079 <: Rose Park14084 ', 14051 3200 14044 355 x `14024 3360 3344 7 334 Q2 34 334 1 331 333 �� 7 43 j' 1390913906 40 12 33 J 140TH AVE 13997 �L TH—� ..1' l'� t3p1 g7haonal 13989 3338 3291 __l.vF -13981 J 13892 13878 13961 3313139TH 13951 U <: 13937 g373OL62951 3360 3344 3328 3312 13 1392113920 331 o 43 j' 1390913906 3.,, 67139TH AV= 36 3420 421 40 13892 13878 <: W13 g373OL62951 VV 38 8 6 13838 13833 13838 4 45 1383 Q4E 47 3 6 X38 189 TH C7 i 13795 13794 13781 13782 3354 3336 3318 3300 �? 4 8 5 43 13769 U) 13736 s 3445 13733 SERVICE RD 200 400 TiiiiiRn Feet 4OF4 800 V 31 = =1 J C I 'I' Y 0 I' NDON 2012 Crack Seal - 146th Lane NW , .�_ ....... 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The maps and documents are created as part of the Geographic Information Systems (GIS) that compiles records, information, and data from various city, county, state and federal resources. w e Copyright © 2010 City of Andover, All Rights Reserved s Printed 06/22/2012 C T Y O F 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Admini FROM: Michelle Hartner, Deputy City SUBJECT: Consider Approval /Extension of Liquor License /Beef O'Brady's DATE: July 3, 2012 INTRODUCTION Matt Zeece, of Beef O'Brady's, 15190 Bluebird Street, Suite 114 has submitted a request for an extension ottheir liquor license. DISCUSSION Beef O'Brady's is planning to hold an outdoor event Saturday, August 11, 2012 and would like Council to approve an extension of their liquor license to include a portion of the parking lot in front of the patio area. This event is a fund raiser for the Andover Firefighters Relief Association. The Sheriff's Office received no complaints during Beef O'Brady's June 23, 2012 event. Please note a one night event was approved for June 23, 2012. No other requests are expected from this organization for 2012. ACTION REQUIRED Council is requested to consider the extension of liquor license request submitted by Beef O'Brady's for August 11, 2012, contingent on approval from Tom Roberts, Stonewood Properties, Inc. the owner of Clocktower Commons. Respectfully submitted, * Michelle Hartner Deputy City Clerk Attach: Outdoor Event Application C I T i " +D p `w D0 VT 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV OUTDOOR EVENTS ARE PERMITTED ON WEEKENDS (FRIDAYS AND SATURDAYS) IN JUNE, JULY AND AUGUST. ESTABLISHMENTS ARE ALLOWED ONE EVENT WEEKEND PER CALENDAR YEAR. EVENT MUST END AT MIDNIGHT. Commercial Outdoor Event Application Name of Business Owner: "I op (�, 14,4W Z e e L-Q— Name of Business: Qt a s . nl ACl Oee-( `0, Credit Address of Business: 13 fae bid S7 -011V Ahr9d d., . #4AJ Phone Number of Business: %t-o 7 - ti"3 `l --27 o D 2. Date(s) of Outdoor Event: A" (% , 7 o � Z 3. Time of Event: 4. Location of Tent and /or Band: s E Corner (Provide a sketch on the back of this form detailing where the tent, stage and /or band will be located on the property, indicating lot boundary lines and building locations.) 5. Extension of Liquor License: Yes No 6. Please provide verification from your Insurance Company indicating your liability insurance provides coverage outside of the premise. 7. Please provide written permission from property owner. Applicant of this application will comply with Andover City Code 5 -6, Noise Control. The business is required to provide security for the outdoor event. Dated: 26 /Z `- ' /'�L� p�i1 Owner's Signature e Approved: Denied: Council Action: Approved City Clerk Denied Date: Per To -a�lzr a p�P�i 'ToelPor:vje'F�i✓Lt (r� 9 'SNOI,LVDO'i 94IQ'IIflfI QW SUMI'I A2 WIVIOfl JLO'I 9NI.IV3I(INI `AJ,d2[J02Id aI.L \O GaJLV00'I 2[E[ 'I'iIm (INVfi 'dO /IINV HOdI.S `LINH.L 21HI. H` HHA1 ONTY11 'IM IID LdXS V aQIAOIIJ ANDOVEk* T Y O F x 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Discuss /Approve Land Purchase Agreement PID's' 17- 32 -24 -13 -0003 & 17-32 - 24 -12 -0007 DATE: July 3, 2012 INTRODUCTION This item is in regards to approving a purchase agreement to purchase property at the northeast intersection quadrant of 161" Avenue NW and Tulip Street NE in Andover. The property is currently owned by Legacy Christian Academy (Legacy), former known as Meadow Creek Christian School. DISCUSSION The City of Andover has offered to pay $305,000 (Three - hundred five thousand and 00 /100 dollars) for the Legacy property at the northeast intersection quadrant of 161St Avenue NW & Tulip Street NW, Andover, MN. The City offer to be contained in the purchase agreement includes the following terms: 1. Offer is a cash offer and is to be closed by September 4, 2012. 2. Offer is for PID's 17- 32 -24 -13 -0003 & 17- 32 -24 -12 -0007. 3. Offer is contingent on Legacy being able to provide a clean title to the City, lien, judgment, lease, and mortgage free. 4. Legacy shall pay on date of closing all special assessments levied or pending against the property as of the date of closing. 5. Legacy shall pay all current and delinquent real estate taxes due at date of closing. In and current year of closing taxes shall be prorated. 6. Legacy will allow right of entry allowing the City the ability to fully inspect the property before closing. 7. Legacy will provide the following disclosures: a. Individual sewage treatment system(s) b. Welland fuel tank c. Environmental contamination. 8. This offer is contingent upon formal approval of a Purchase Agreement by the City of Andover City Council at a regularly scheduled City Council meeting. At time of preparation of this staff report, City Administration and City Attorney were still completing their review of the Purchase Agreement comments by Legacy's legal counsel. Once the review is complete,'the Purchase Agreement will be distributed under separate cover to the Council. ACTION REQUESTED The City Council will be requested to approve a Purchase Agreement at the meeting; said purchase agreement will be distributed as referenced above. submitted, NDO)4^--� 19.v 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule July Council Workshop DATE: July 3, 2012 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of July for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general July workshop have been identified as follows: 1. Community Tour - ?? 2. Review City Utilities Projects 3. 2013 Budget Development Discussion 4. 2013 -2017 CIP Development Discussion 5. 2012 General Fund Budget Progress Report 6. City Investments Review 7. Other Topics — dependent on June & July activities Other items may be added upon Council request or operational need. ACTION REQUIRED Schedule a July Council workshop for July 24th or July 31" at 6:00 pm or another date and time acceptable to the Council. submitted, Dickinson * 10 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: July 3, 2012 The City Administrator and Department Heads will provide a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development/C1P Projects - Trident Development/Arbor Oaks - Wal -Mart proposal - Parkside at Andover Station - Platting activity 3. Meeting reminders /Community Events (Fun Fest) Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. 9 C I T Y 0 F D 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for July 3, 2012 City Council Meeting DATE: July 3, 2012 The City Council is requested to receive the following supplemental information. Consent Items Add -On. Payment of Claims (Supplemental) - Administration Discussion Items Item #8. Discuss /Approve Land Purchase Agreement PID's 17- 32 -24 -13 -0003 & 17- 32- 24 -12- 0007 ( Supplemental) —Administration 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Dire( FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims - Supplemental DATE: July 3, 2012 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $40,896.32 on disbursement edit list #4 dated 07/03/12 will be issued and released upon approval. BUDGET IMPACT The edit list consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $40,896.32. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, / 410� Lee Brezinka Attachments: Edit List N O ri O Ct U N C/) U N o y N cn U U v b w d d A z U M U r.+ CC A U CS Fes. 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N bq G G GO P aGi v, Q U � bA a. at O M u u a� s. w u a d z U d CJ A a� CCS .^f O F7 0 R. V r c z u 'o p ti 0 m 0 Cl 0 O M O O C0 t-- I U\ U 00 It oa � � x U 0 � o U x U cd U U F0 U N .0 U w 0 Z H N 0 to cV a r�r .G a ro O Cl) • •ter. -may 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Discuss /Approve Land Purchase Agreement PID's 17- 32 -24 -13 -0003 & 17- 32- 24 -12- 0007 — Supplemental Agenda Item July 3, 2012 INTRODUCTION This item is in regards to approving a purchase agreement to purchase property at the northeast intersection quadrant of 161St Avenue NW and Tulip Street NE in Andover. The property is currently owned by Legacy Christian Academy (Legacy), former known as Meadow Creek Christian School. DISCUSSION The City of Andover has offered to pay $305,000 (Three - hundred five thousand and 00 /100 dollars) for the Legacy property at the northeast intersection quadrant of 161St Avenue NW & Tulip Street NW, Andover, MN. The City offer contained in the attached purchase agreement includes the following terms: 1. Offer is a cash offer and is to be closed by September 4, 2012. 2. Offer is for PID's 17- 32 -24 -13 -0003 & 17- 32 -24 -12 -0007. 3. Offer is contingent on Legacy being able to provide a clean title to the City, lien, judgment, lease, and mortgage free. 4. Legacy shall pay on date of closing all special assessments levied or pending against the property as of the date of closing. 5. Legacy shall pay all current and delinquent real estate taxes due at date of closing. In and current year of closing taxes shall be prorated. 6. Legacy will allow right of entry allowing the City the ability to fully inspect the property. 7. Legacy will provide the following disclosures: a. Individual sewage treatment system(s) b. Well and fuel tank c. Environmental contamination. 8. This offer is contingent upon formal approval of a Purchase Agreement by the City of Andover City Council at a regularly scheduled City Council meeting. ACTION REQUSTED The City Council is requested to approve the attached Purchase Agreement. y submitted, Attfhment: Purchase Agreement PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement (this "Agreement ") is made on July , 2012, by and between Legacy Christian Academy ( "Seller "), a Minnesota nonprofit corporation formerly known as Meadow Creek Christian School, having an address for notices of 3037 Bunker Lake Boulevard NW, Andover, MN 55304, and City of Andover ( "Buyer "), a Minnesota municipal corporation having an address for notices of 1685 Crosstown Boulevard, N.W., Andover, MN 55304. 2. OFFER/ACCEPTANCE. Subject to the terms and conditions of this Agreement, Buyer agrees to purchase and Seller agrees to sell land located in the City of Andover, County of Anoka, State of Minnesota, legally described on Exhibit A attached hereto (the "Land "), the house and other improvements now located on the Land (the "Improvements "), and Seller's right, title and interest, if any, in and to any personal property located on the Land (the "Personal Property "). The Land, the Improvements and the Personal Property are collectively called the "Property." 3. PRICE AND TERMS. The purchase price for the Property (the "Purchase Price ") shall be Three Hundred Five Thousand and 00 /100 Dollars ($305,000.00), which Buyer shall pay in cash or other immediately available funds on the "Closing Date" (defined below). 4. CONTINGENCIES TO BUYER'S OBLIGATION TO PURCHASE THE PROPERTY. Not later than five (5) days after this Agreement has been executed and delivered by both Seller and Buyer, Seller shall make available to Buyer and its attorneys and agents, for inspection and copying at Seller's office during Seller's normal business hours, all reports, studies, tests, surveys and other documents relating to the Property that are in Seller's possession or control. Buyer's obligation to purchase the Property is contingent upon satisfaction, or waiver by Buyer, of each of the following conditions, which conclusively shall be deemed satisfied, or waived by Buyer, unless Buyer notifies Seller, not later than July 27, 2012, that any such contingency has not been satisfied. Any such notice shall be effective only if accompanied by a quit claim deed to the Property, duly executed by Buyer in recordable form, to evidence that Buyer no longer has any right, title or interest in or to the Property or any part thereof. If Buyer timely so notifies Seller that any such contingency to Buyer's obligation to purchase the Property has not been satisfied, neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for obligations (the "Surviving Obligations ") which expressly survive the termination of this Agreement or the Closing. (a) Buyer shall be completely satisfied, in Buyer's sole discretion, with the environmental and soil conditions of the Property. Seller hereby authorizes Buyer, at Buyer's sole risk and expense and subject to the rights of Seller's tenants and other occupants of the Property, to enter the Property during the period (the "Inspection Period ") commencing on the date of this Agreement and ending at the end of July 26, 2012, to conduct investigations and testing of the Property. Buyer shall indemnify and hold Seller harmless from all loss, cost, damage and expense that Seller may suffer or 1 20273220 incur as a result of Buyer's entry onto and investigation and testing of the Property, and Buyer's obligation under this sentence shall be a Surviving Obligation. (b) Buyer shall have determined that roads, easements, driveways, utilities, points of access and other infrastructure serving the Property will be adequate for Buyer's purposes, as determined by Buyer in Buyer's sole discretion. (c) Buyer shall have obtained all watershed, environmental and other governmental approvals and permits (excluding any such approvals and permits as Buyer itself may grant) that Buyer shall deem necessary to use the Property in the manner contemplated by Buyer. (d) Buyer shall be satisfied with the matters disclosed by any survey of the Property obtained by Buyer at Buyer's expense. (e) Buyer shall be satisfied that the Farm Lease, and all rights thereunder, expire not later than December 31, 2012. (f) The representations and warranties made by Seller in Section 10 shall be correct as of the Closing Date with the same force and effect as if such representations were made at such time. 5. CLOSING. Except as otherwise expressly provided in this Agreement, the closing of the sale and purchase contemplated by this Agreement (the "Closing ") shall occur on a date (the "Closing Date ") that is September 4, 2012 or such earlier date as shall be mutually acceptable to Seller and Buyer. The Closing shall occur at 10:00 a.m., or such other time as shall be mutually acceptable to Seller and Buyer, at the office of Seller or at such other location as shall be mutually acceptable to Seller and Buyer. At the Closing, and subject to performance by Buyer, Seller shall execute in recordable form and deliver a Warranty Deed (the "Deed ") to the Land and the Improvements, conveying marketable title to the Land and the Improvements subject only to the "Permitted Exceptions" (defined below), and a quit claim bill of sale to the Personal Property, and shall execute and deliver such other and further documents as reasonably shall be required to consummate the transaction contemplated by this Agreement. The Deed shall either be accompanied by a well disclosure certificate prepared and signed on behalf of Seller and filed at Seller's cost, or shall include the following statement: "I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate." At the Closing, and subject to performance by Seller, Buyer shall pay the Purchase Price in cash or other immediately available funds, and shall execute and deliver such documents as reasonably shall be required to consummate the transaction contemplated by this Agreement. At the Closing, Seller and Buyer shall execute and deliver an instrument pursuant to which Seller assigns to Buyer as of the Closing Date, and Buyer assumes as of the Closing Date the obligations of Seller under, the agreement (the "Farm Lease ") pursuant to which a tenant (the "Farm Tenant ") is farming a 2 20273220 portion of the Land and, if so elected by Buyer pursuant to Section 7 below, the agreement between Seller and the "House Tenant" (defined below). At the Closing, Seller shall pay the state deed tax and any conservation fee on the Deed, and the cost to record any instrument needed to correct title. Buyer shall pay the cost to record the Deed. Seller and Buyer each shall pay one -half of any closing fee charged by the title insurance agency or other company closing the transaction contemplated by this Agreement. For purposes of this Agreement, "Permitted Exceptions" include: A. Building and zoning laws, ordinances, state and federal regulations; B. Reservation of any mineral rights by the State of Minnesota; C. Utility and drainage easements which do not interfere with Buyer's intended use of the Property; D. Public roads upon and County ditches across the Land; E. The rights of the Farm Tenant under the Farm Lease and, if elected by Buyer pursuant to Section 7 below, the rights of the "House Tenant "; and F. Any other matter disclosed by the Title Commitment and not timely and effectively objected to by Buyer. 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of Closing shall be prorated between Seller and Buyer on a calendar year basis to the actual Closing Date. Seller shall pay on the Closing Date all special assessments levied against or pending for the Property as of the Closing Date. Buyer shall pay real estate taxes due and payable in the year following Closing and thereafter, and any special assessments levied and payable after the Closing Date. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 7. SELLER'S OBLIGATIONS. Seller will cooperate in assuring there is a right of access to the Property from a public right of way, but Seller need not incur any costs in connection with any such requests from Buyer. Seller warrants that there has been no labor or material furnished to the Property on behalf of or at the request of Seller in the past 120 days for which payment has not been made. Seller warrants that there are no present violations of any private contractual restrictions relating to the use or improvement of the Property. These warranties shall survive the Closing. Promptly upon expiration of the Inspection Period without a termination of this Agreement by Buyer, Seller shall serve notice upon any tenant currently occupying the house on the Land (whether one or more, the "House Tenant "), effectively terminating any and all interest the House Tenant may have in the Property effective not later than August 31, 2012, and shall provide to Buyer a copy of said notice. Notwithstanding the foregoing, Buyer shall have the right, by notice to Seller, to elect to close the purchase of the Property before the House Tenant's rights have terminated, in which event at the Closing and 3 20273220 effective as of the Closing Date, Seller shall assign to Buyer all of Seller's rights under its agreement with the House Tenant, and Buyer shall assume and agree to perform Seller's obligations under Seller's agreement with the House Tenant. If Buyer does not elect to close the purchase of the Property before the House Tenant's rights have terminated, a condition to Buyer's obligation to close the purchase of the Property shall be that the House Tenant's right to occupy, and the House Tenant's actual occupancy of, the Property shall have terminated. Seller agrees, at its sole cost and expense, promptly to commence and diligently to prosecute to completion any necessary eviction proceeding against the House Tenant, and if such eviction proceeding is necessary the Closing shall be postponed until five (5) business days after Seller notifies Buyer that such eviction is final and non - appealable. 8. CONDITION OF PROPERTY. Seller shall remove from the Land before the completion of the Closing all debris and personal property not included in the Property. Seller shall make no alteration to the exterior or structural elements of the Improvements prior to the Closing. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, BUYER SHALL PURCHASE THE PROPERTY IN ITS CURRENT CONDITION, WITH ALL FAULTS, "AS IS." 9. BROKERAGE. Seller has been represented by a real estate agent or broker relative to this transaction and Seller shall be solely responsible for any and all brokerage commissions due to its agent or broker. Buyer represents that it has not been represented by any real estate agent or broker relative to this transaction. 10. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and warrants to and covenants with Buyer that: (a) Seller is the owner of fee simple title to the Land and the Improvements; Seller has the power and authority to enter into and perform the terms and conditions of this Agreement, and such performance will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which Seller is a party or by which it is bound, or constitute a default under any of the foregoing; and this Agreement is valid, binding and enforceable against Seller in accordance with its terms. (b) Seller has not received any notice of, and Seller is not aware of, any violation of any law, municipal ordinance or other governmental requirement affecting the Property, including without limitation any notice of any fire, health, safety, building, pollution, environmental or zoning violation, but specifically excluding any such ordinance of Buyer, as to which Buyer has knowledge at least equal to that of Seller. (c) Seller has not received any written notice of any condemnation or eminent domain proceedings, or negotiations for purchase in lieu of condemnation, relating to the Property, or any portion thereof, and Seller has no actual knowledge that any condemnation or eminent domain proceedings have been commenced or threatened in connection with the Property or any portion thereof. (d) (1) To Seller's knowledge, the Property (A) is not subject to any private or governmental lien or judicial or administrative notice, order or action relating to 4 20273220 Hazardous Substances or environmental problems, impairments or liabilities with respect to the Property, and (B) to Seller's knowledge, neither Seller nor the Property is in, or with any applicable notice and /or lapse of time, and /or failure to take certain curative or remedial actions, will be in, violation of any Environmental Laws (as herein defined). (2) Seller shall not prior to Closing cause or acquiesce in any Hazardous Substances to exist or be stored, generated, used, located, discharged, released, possessed, managed, processed or otherwise handled on the Property in violation of any Environmental Laws, and shall comply with all Environmental Laws affecting the Property. (3) Seller shall promptly notify Buyer should Seller become aware of (A) any environmental problem or liability with respect to the Property, (B) any lien, order, action or notice of the nature described in subparagraph (1) above, or (C) any litigation or threat of litigation relating to any alleged unauthorized release, discharge, generation, use, storage or processing of any Hazardous Substance or the existence of any Hazardous Substance or other environmental contamination, liability or problem with respect to or arising out of or in connection with the Property. As used herein, "Hazardous Substances" means any matter giving rise to liability under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et seq. (including the so- called "Superfund" amendments thereto), or other applicable federal, state or local statute, law, ordinance, rule or regulation governing or pertaining to any hazardous substances, hazardous wastes, chemicals or other materials, including without limitation asbestos, polychlorinated biphenyls, radon, petroleum and any derivative thereof, or any common law theory based on nuisance or strict liability (all of the foregoing statutes, laws, ordinances, rules, regulations and common law theories are sometimes collectively referred to as "Environmental Laws "). (e) No litigation or proceedings are pending or, to Seller's knowledge, contemplated, threatened or anticipated, relating to the Property or any portion thereof. (0 With the exception of the Farm Tenant and the House Tenant, Seller has no knowledge of any unrecorded agreements, undertakings or restrictions which affect the Property. With the exception of the Farm Tenant's and the House Tenant's interest in the Property, there are no other tenants, persons or entities occupying any portion of the Property, and to Seller's knowledge no claim exists against any portion of the Property by reason of adverse possession or prescription. (g) To Seller's knowledge (i) there is no obligation with respect to the Property for any assessment, annexation fee, payment, donation or the like (other than general real estate taxes, which are required to be paid by the Buyer); (ii) there are no obligations in connection with the Property of any so- called "recapture agreement" involving refund for sewer extension, oversizing utility, lighting or like expense or charge for work or services done upon or relating to the Property or otherwise; and (iii) there is 5 20273220 no unexecuted paving agreement or undertaking with any government agency respecting construction of any acceleration or de- acceleration lane, access, or street lighting. If, prior to the Closing Date, Seller obtains knowledge of a fact or circumstance the existence of which would constitute a breach by Seller of its representations and warranties hereunder or would render any such representations and warranties materially untrue or incorrect, Seller shall promptly notify Buyer in writing of the same. Under said circumstances, and in addition to any other right or remedy that may be available to Buyer, Buyer, at its option, may terminate this Agreement by notice to Seller prior to completion of the Closing, accompanied by a quit claim deed to the Property, duly executed by Buyer in recordable form, evidencing that Buyer no longer has any right, title or interest in or to the Property or any part thereof. If Buyer timely gives such notice, neither Seller nor Buyer shall have any further rights or obligations under this Agreement except for the Surviving Obligations. All representations, warranties, covenants, indemnities and undertakings made herein shall be deemed remade as of the Closing Date, shall be true and correct as of the Closing Date, shall be deemed to be material and to have been relied upon by Buyer notwithstanding any investigation or other act of Buyer heretofore or hereafter made, and shall survive for a period of twelve (12) months after the Closing Date. 11. POSSESSION. Seller shall deliver possession of the Property not later than the completion of the Closing. 12. EXAMINATION OF TITLE. Title examination will be conducted as follows: A. Seller's Title Evidence. Seller shall furnish to Buyer a commitment (the "Title Commitment ") for an ALTA Form B Owner's Policy of Title Insurance, certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens, issued by a title insurance company acceptable to Buyer in its reasonable judgment, committing the title insurer to insure Buyer's title to the Property deleting standard exceptions and including affirmative insurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, with policy limits in the amount of the Purchase Price. B. Buyer's Objections. Buyer shall be allowed fifteen (15) business days after receipt of the Title Commitment for examination of title and making any objections, which shall be made in writing or deemed waived. 13. TITLE CORRECTIONS AND REMEDIES. Within five (5) business days after its receipt of Buyer's written title objections, Seller shall notify Buyer of Seller's intention as to making the title marketable. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of Closing shall not delay the Closing and need not be timely objected to by Buyer. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the Closing shall be postponed. 6 20273220 A. If notice is given and Seller makes title marketable within thirty (30) days after Seller's receipt of Buyer's title objections, then upon presentation to Buyer of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the Closing shall take place within ten (10) business days or on the scheduled Closing Date, whichever is later. B. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may cancel this Agreement, or may sue Buyer for specific performance or for damages for breach of this Agreement and its costs and reasonable attorneys' fees provided such action is commenced not later than six (6) months after such cause of action arose. C. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: (1) Cancel this Agreement as provided by statute; (2) Seek damages from Seller including costs and reasonable attorneys' fees; (3) Seek specific performance within six (6) months after such right of action arises. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 14. NOTICES. All communications, demands, notices or objections permitted or required to be given or served under this Agreement shall be in writing and, except as otherwise expressly provided in this Agreement, shall be deemed to have been duly given or served on the earliest to occur of: when delivered in person to the other party or its duly authorized agent; or one (1) business day after delivery to a same -day or overnight prepaid courier service; or two (2) business days after deposit with the United States Postal Service, postage prepaid, certified or registered mail, return receipt requested, in each case addressed to the other party at the address set forth at the beginning of this Agreement. Either party may change its address by giving at least ten (10) days' notice of such change to the other party. 15. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 16. SELLER'S DISCLOSURES. Seller certifies that there is an existing individual sewage treatment system on and serving the Property, but Seller lacks knowledge or records as to the nature, condition and compliance or non - compliance of such system with applicable standards. At the Closing Buyer shall become solely responsible for any repair, reconstruction, replacement, abandonment or other action required by applicable law with respect to such system. 7 20273220 Attached hereto is a copy of the Well Disclosure Certificate filed when Seller first acquired equitable title to the Land. Seller certifies that Seller knows of no changes with respect to any of the wells described thereon. At the Closing, Buyer shall become solely responsible for any sealing, repair, reconstruction, replacement or other action required by applicable law with respect to any such wells. Seller knows of no lead -based paint or lead -based paint hazards in or on the Property, but Buyer understands, acknowledges and agrees that, because of the age of the Improvements, lead - based paint may be present on the Property. Buyer hereby acknowledges receipt of all required disclosures and information as to lead -based paint and lead -based paint hazards, and assumes all risk thereof if the Closing occurs. Buyer hereby acknowledges that the sale and purchase contemplated by this Agreement is exempt from the disclosure requirements of Minnesota Statutes Sections 513.52 to 513.60. The undersigned agrees to sell the Property for The City of Andover agrees to buy the the Purchase Price and on the tenns and Property for the Purchase Price and on the conditions set forth above terms and conditions set forth above SELLER: LEGACY CHRISTIAN ACADEMY Its: 8 20273220 BUYER: THE CITY OF ANDOVER By: Its: Mayor By: Its: City Clerk EXHIBIT A LEGAL DESCRIPTION The following described real property situated in Anoka County, Minnesota: THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 32, RANGE 24, LYING WEST OF THE EAST 330.00 FEET THEREOF. AND THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 32, RANGE 24, LYING SOUTH OF THE NORTH 673.18 FEET THEREOF AND LYING EASTERLY OF THE EASTERLY RIGHT -OF -WAY LINE OF TULIP STREET, EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: THAT PART OF THE EAST 421.04 FEET OF SAID QUARTER QUARTER LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH 673.18 FEET; THENCE SOUTH 0 DEGREES 09 MINUTES 18 SECONDS EAST, ASSUMED BEARING, ALONG THE EAST LINE THEREOF 7.46 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE SOUTH 71 DEGREES 55 MINUTES 43 SECONDS WEST 60.34 FEET; THENCE SOUTH 88 DEGREES 02 MINUTES 30 SECONDS WEST 36.12 FEET; THENCE SOUTH 80 DEGREES 09 MINUTES 43 SECONDS WEST 187.95 FEET; THENCE SOUTH 76 DEGREES 21 MINUTES 11 SECONDS WEST 146.29 FEET TO THE WEST LINE OF THE EAST 421.04 FEET OF SAID QUARTER QUARTER AND SAID LINE THERE TERMINATING. 9 20273220