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CC - December 4, 2012
,�AL.�. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, December 4, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (11/20/12 Regular; 11/20/12 Closed; 11/27/12 Workshop; 11/27/12 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve JPA & 2013 Tri-City GIS Contract - Engineering 4. Order Feasibility Report/13 -2a (Stenquist Addition) & 13 -2b (159` Avenue NW) 2013 Street Reconstruction - Engineering 5. Order Feasibility Report/12- 28/Nightingale Street NW Reconstruction — Engineering 6. Order Improvement/Order Plans & Specs /13- 3/2013 Crack Sealing— Engineering 7. Order Improvement/Order Plans & Specs /13- 4/2013 Seal Coating - Engineering 8. Order Improvement/Order Plans & Specs /13 -7 & 13- 12/2013 Trail Maintenance & 2013 Parking Lot Maintenance - Engineering 9. Order Improvement/Order Plans & Specs /13- 8/2013 Curb, Sidewalk & Pedestrian Ramp Repairs - Engineering 10. Consider Resolution Removing No Parking Signs /Kiowa Street NW /Strootman Park - Engineering 11. Approve City Administrator Review — Administration 12. Approve 2013 Tobacco Licenses — Administration 13. Approve Joint Powers Agreement/Anoka County /Elections Equipment — Administration 14. Approve Premise Permit/Andover Football Association/Tanners Station — Administration 15. Approve Donations for 2013 Senior Class All Night Parties — Administration 16. Approve 2013 Contract/TimeSaver Secretarial Service — Administration 17. Approve 2013 Private Kennel License — Administration 18. Approve 2013 Used Vehicle Sales Business License — Administration Discussion Items 19. Discuss /Approve Resolution Approving Tax Abatements — Administration 20. Discuss /Approve Bond Sale General Obligation Abatement Bonds, Series 2012C — Administration 21. Public Hearing — 2013 Budget and Tax Levy — Administration Staff Items 22. Schedule January EDA Meeting— Administration 23. Schedule January HRA Meeting— Administration 24. Administrator's Report — Administration Mayor /Council Input Closed Session: Land negotiation contingencies: PID #s 11- 32 -24 -31 -0001, 11- 32 -24 -24 -0001 & 11- 32 -24 -23 -0001 Adjournment ANDOV ER. j q l � 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 Administn FROM: Michelle Hartner, Deputy City SUBJECT: Approval of Minutes DATE: December 4, 2012 INTRODUCTION The following minutes were provided by Timesaver, reviewed by Administration and submitted for City Council approval: November 20, 2012 Regular November 20, 2012 Closed November 27, 2012 Workshop November 27, 2012 Closed DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, lM.++a� Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 REGULAR ANDOVER CITY COUNCIL MEETING —NOVEMBER 20, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City C Gamache, November 20, 2012, 7:00 p.m., at the Andover Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Councilmember absent: Julie Trade Also present: City Administrator, City Attorney, Scott PLEDGE OFALLEGIANCE OATH OF City Administrator Dicki because the seat-he filled and s called to order by Mayor Mike 1685 Crosstown Boulevard NW, .r Howard was being sworn in at this time that had been held with the General City Attorney Baumgartner swore in Councilmember Howard. No one wished to AGENDA APPROV City Administrator Dickinson added Item 12a: Reschedule January 1, 2013 Regular City Council meeting to January 2, 2013. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OFMINUTES November 7, 2012 Regular City Council Meeting Regular Andover City Council Meeting Minutes —November 20, 2012 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 City Administrator Dickinson stated Councilmember Trude had sent in an e-mail stating on page 9, line 38, "Pov's" should be changed to " Northgate Liquor ". Councilmember Bukkila stated on page 11, line 3, the word "can" should be changed to "can't ". Motion by Councilmember Howard, Seconded by Councilmember Knight, to approve the November 7, 2012, Regular City Council minutes as amended. The motion carried unanimously. November 7, 2012 Closed City Council Meeting Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to approve the November 7, 2012, Closed City Council minutes as presented. The motion carried unanimously. November 14, 2012 Special City Council Meeting Motion by Councilmember Knight, Seconded by Councilmember Howard, to approve the November 14 2012, Special City Council minutes as presented. The motion carried unanimously. CrYi�Y���69 Item 2 Approve Payment of Claims Item 3 Order Improvement/Order Plans and Specs /13 -10 /Martin St. NW and Jay St. NW/Replace Lighting Fixtures (See Resolution R114 -12) Item 4 Approve Change Order #2/11- 48/Well #7 (See Resolution RI 15 -12) Item 5 Approve Amended Planned Unit Development — Parkside at Andover Station — Northeast Quarter of Section 34, Township 32, Range 24, Anoka County (See Resolution R116 -12) Item 6 Approve Off -Sale Liquor License/New Owners /Clocktower Wine and Spirits Item 7 Authorize Initiating 2013 Equipment Proposals Motion by Councilmember Bukkila, Seconded by Councilmember Knight, for approval of the Consent Agenda as presented. Motion carried unanimously. ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT Commander Halweg, Anoka County Sheriff's Office, provided the City Council and residents with an update on law enforcement activities within the City for October 2012 including 6 DWI arrests, 4 domestic assaults, reports of 2 stolen vehicles, and a pedestrian/vehicle accident, the pedestrian was texting and walked out in front of the car. The stolen vehicles listed have been recovered. These incidents are still under investigation and the suspect does not live in Andover but may have ties to the community. On October 19 a male had been robbed at gunpoint. Regular Andover City Council Meeting Minutes —November 20, 2012 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 There was a call for two (2) males breaking into a home; it is believed the suspect in this case is acquainted with the resident's boyfriend. The suspect in the robbery at gunpoint lives in Oak Grove and a search warrant was executed. There was evidence that the suspect had been involved in several local thefts. There had been a female attempting to pass counterfeit $100 bills and the suspect had been apprehended. He reminded residents to lock their garage doors and keep them closed even when they are home. He also stated the City's overnight parking restrictions are in effect. Councilmember Bukkila expressed concerns about the increased levels of violence in October. Commander Halweg stated it had been a busy month. The two (2) cases involving firearm were currently under investigation. In one case there had been prior contact between the perpetrators and the victim and in the other case the suspect has been linked to several burglaries in the area. The vehicle thefts are new for the City but it is believed these are related and the perpetrators do not live in Andover. The number of DWI arrests is up slightly from last month but the City is still down 33% from last year. He reminded residents to set up sober cabs with the holidays coming up. PUBLIC HEARING/PROPOSED PROPERTY TAX ABATEMENTS FOR A COMMUNITY CENTER PROJECT /CALL FOR THE SALE OF BONDSIAPPROVE RESOLUTION PROVIDING FOR THE SALE OF $17,400,000 TAXABLE GENERAL OBLIGATION ABATEMENT BONDS, SERIES 2012C City Administrator Dickinson stated as part of the 2013 budget development process the city continually reviews past debt issuances to determine if there are refinancing opportunities that could produce potential long term debt service savings. City staff and Ehlers and Associates, the City's fiscal advisor, reviewed the 2004, EDA Public Facility Lease Revenue, 2006 EDA Public Facility Leave Revenue Refunding, and the 2007 EDA Public Facility Lease Revenue Refunding bonds. These bonds were issued to finance the construction of the Andover YMCA/Community Center. City staff and Ehlers, in an effort to save long term debt service expense through a unique financing method, are of the opinion the City Council should consider that the City abate property taxes levied by the City on the property benefited by or in close proximity to the Andover YMCA/Community Center. He explained this is not for the construction of another community center but rather a financing tool to save money on the current Community Center bonds. Nothing will change on the property tax statements and no additional taxes will be collected. There is a listing of all parcels to be included on file at the City Clerk's office. Mayor Gamache stated one thing that comes up in abatements of property taxes is the abatement of County and school districts. He clarified this would be an abatement of just the City portion. City Administrator Dickinson stated this is correct and in order for the City to obtain the 20 -year term the City will be asking the County or School District to decline participation. Regular Andover City Council Meeting Minutes — November 20 2012 Page 4 Councilmember Knight asked if this would be similar to a TIF District. City Administrator Dickinson explained a TIF District would be capturing new value to pay for something. This program uses value that exists today. Mayor Gamache asked what the cost savings would be for the City. 8 Mr. Todd Hagen, Ehlers and Associates, stated the original bonds had been issued to finance the 9 construction of the Andover YMCA/Community Center. Ehlers proposed, in an effort to save 10 long term debt service expenses, the Council consider the City abate property taxes levied by the 11 City on the property benefited by or in close proximity to the Andover YMCA/Community 12 Center. The taxes proposed to be abated by the City on the specific properties would be for up to 13 a 20 -year period, and it is estimated to be not more than $19,000,000. The City Council would 14 be requested to consider that the property tax abatement be used for the acquisition of the 15 Community Center from the Economic Development Authority of the City of Andover. To do 16 so, the City would issue Taxable General Obligation Tax Abatement Bonds in an amount not to 17 exceed $19,000,000 to finance the acquisition of the Community Center. The EDA would then 18 use the proceeds to pay off the bonds that originally financed the Andover YMCA/Community 19 Center. The rates are continuing to go down and the City could save up to $3,000,000. The 20 security on the General Obligation bonds would be better than the security on the current Lease 21 Revenue Bonds and this is what the market is looking for. 22 23 Councilmember Knight asked if this would have an effect on the City's current bond rating. 24 25 Mr. Hagen explained the City is currently listed as a AA+ and this tool would be refinancing a 26 bond that is considered easier to not pay with one that is considered more secure. And this will 27 be reflective of the City's current rating. 28 29 City Administrator Dickinson stated these bonds would be rated by S &P next week. The City 30 would be asking for an upgrade in our rating. 31 32 Councilmember Howard stated this would be based on the values for parcels within'/ -mile of 33 the Community Center. He asked what the effect would be if these values dropped. 34 35 Mr. Hagen stated this is just a snapshot of today and is a tool used to issue a General Obligation 36 Bond for a Recreation Facility. 37 38 Mayor Gamache asked if this would affect the potential for a future expansion at the Community 39 Center. 40 41 Mr. Hagen stated this would not affect future expansion projects and any future expansions could 42 be financed with a similar bond. 43 Regular Andover City Council Meeting Minutes — November 20, 2012 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Motion by Councilmember Knight, Seconded by Councilmember Howard, to Open the Public Hearing at 7:33 p.m. The motion carried unanimously. There was no public input. Motion by Councilmember Knight, Seconded by Councilmember Bukkila to Close the Public Hearing at 7:34 p.m. The motion carried unanimously. Motion by Councilmember Bukkila, Seconded by Councilmember Howard to approve a resolution providing for the sale of $17,400,000 Taxable General Obligation Abatement Bonds, Series 2012C. The motion carried unanimously. (See Resolution R117 -12) SCHEDULE DECEMBER EDA MEETING Motion by Councilmember Bukkila, Seconded by Councilmember Howard to schedule an Economic Development Authority (EDA) Meeting at 6:00 p.m. before the December 4, 2012 City Council Meeting. The motion carried unanimously. SCHEDULE NOVEMBER CITY COUNCIL WORKSHOP MEETING Motion by Councilmember Bukkila, Seconded by Councilmember Knight to schedule a City Council Workshop for November 27, 2012, at 6:00 p.m. The motion carried unanimously. RESCHEDULE THE JANUARY 1, 2013 REGULAR CITY COUNCIL MEETING Motion by Councilmember Knight, Seconded by Councilmember Howard to reschedule the Regular City Council Meeting from January 1, 2013 to January 2, 2013 at 7:00 p.m. The motion carried unanimously. ADMINISTRATOR'S REPORT City Administrator Dickinson updated the City Council and the residents regarding administration and city department activities, legislative activities, development and CIP projects, and upcoming meetings and community events including an update on the property purchases closing by the end of the year, staff is also continuing to work through the contingencies for potential open space purchases. Engineering is continuing to work through the RFP process for the Legacy Land purchase; the 40 -acre park. To date Andover has had 71 new single family home permits. Staff is expecting an additional 4 single family home permits by the end of the year for new homes at Parkside at Andover Station. MAYOR/COUNCIL INPUT None. Regular Andover City Council Meeting Minutes —November 20, 2012 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Mayor Gamache recessed the regular City Council meeting at 7:40 p.m. to a closed session of the City Council to discuss Public Works Union Negotiations. The City Council reconvened at 7:53 p.m. ADJOURNMENT Motion by Councilmember Howard, Seconded by Councilmember Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 7:54 p.m. Respectfully submitted, Tina Borg, Recording Secretary Regular Andover City Council Meeting Minutes — November 20, 2012 Page 7 1 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — NOVEMBER 20, 2012 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 OATH OF OFFICE/NEWLY ELECTED OFFICIAL ..................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDA APPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Order Improvement/Order Plans and Specs /13 -10 /Martin St. NW and Jay St. NW/Replace Lighting Fixtures (See Resolution R114 -12) ................. ............................... 2 Item 4 Approve Change Order #2/11- 48/Well #7 (See Resolution R115- 12) ......................... 2 Item 5 Approve Amended Planned Unit Development — Parkside at Andover Station — Northeast Quarter of Section 34, Township 32, Range 24, Anoka County (See Resolution R116 -12) .............................................................................................. ............................... 2 Item 6 Approve Off -Sale Liquor License/New Owners /Clocktower Wine and Spirits........... 2 Item 7 Authorize Initiating 2013 Equipment Proposals ............................ ............................... 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 2 PUBLIC HEARING/PROPOSED PROPERTY TAX ABATEMENTS FOR A COMMUNITY CENTER PROJECT /CALL FOR THE SALE OF BONDS /APPROVE RESOLUTION PROVIDING FOR THE SALE OF $17,400,000 TAXABLE GENERAL OBLIGATION ABATEMENT BONDS, SERIES 2012C (See Resolution R117 -12) ........ ............................... 3 SCHEDULE DECEMBER EDA MEETING .................................................. ............................... 5 SCHEDULE NOVEMBER CITY COUNCIL WORKSHOP MEETING ...... ............................... 5 RESCHEDULE THE JANUARY 1, 2013 REGULAR CITY COUNCIL MEETING .................. 5 ADMINISTRATOR'S REPORT ..................................................................... ............................... 5 MAYOR/COUNCIL INPUT ........................................................................... ............................... 5 1 2 3 4 5 6 ANDOVER CITY COUNCIL WORKSHOP MEETING —NOVEMBER 27, 2012 7 MINUTES 8 9 10 The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache, 11 November 27,2012,6:01 p.m., at the Andover City Hal1,1685 Crosstown Boulevard NW, Andover, 12 Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Mike Knight, Julie Trude, and Tony Howard 15 Councilmember absent: None 16 Also present: City Administrator, Jim Dickinson 17 Human Resource Manager, Dana -Mekinen 18 Others 19 20 -- 21 22 2013 BUDGET DEVELOPMENT DISCUSSION 23 24 City Administrator Dickinson stated the Council did adopt at the September 4` h regular Council 25 meeting a Preliminary 2013 - property tax levy of $10,631,299. The Council has the right to 26 reduce or keep constant this levy until the final certification date of December 28, 2012. The 27 proposed levy, if not lowered, will result in a zero percent (0 %) increase in the gross tax levy. 28 Administration is looking for ongoing City Council direction as the final preparation steps for the 29 December 4t h , 2013 Budget/Levy Public Hearing. 111 tax statements have been sent out and 30 the City has no_t received any calls from `residents. There are some of these statements that will 31 show a slight increase and this is due to the home value staying consistent. The Anoka County 32 Assessor taxable market value figures for the City of Andover reflect a 3.74% decrease in total 33 taxable market value. Tax Increment Financing District 1 -1 will be decertifying at the end of 34 2012, that decertification does offset the taxable market value decrease, netting an overall 1.10% 35 increase in taxable market value ' Also impacts of the Fiscal Disparities program have an impact 36 on the final tax rate. He stated there would be a few businesses that will challenge their 37 valuations and try to have them decreased. He stated the back taxes for the Pov's property may 38 be paid in 2013 and this would have an impact on the City's income. 39 40 Councilmember Bukkila asked if the levy could be lowered. 41 42 City Administrator Dickinson stated staff would not recommend lowering the levy at this time. It 43 may be something that the City could look at in future years. The proposed 2013 debt levy is 44 currently at 18.45 % of the gross levy. If a large debt issuance were considered in late 2012 or 45 2013, the impact to the levy would not be until 2014. 46 Andover City Council Workshop Meeting Minutes — November 27; 2012 Page 2 Councilmember Trade asked if Christian Brothers had reached an agreement with Kotkes for a potential project. City Administrator Dickinson stated there is a purchase agreement and Christian Brothers is planning a potential project in 2013. He stated there is also a potential restaurant development contingent on the Wal -Mart project. 8 City Administrator Dickinson stated the Open Space Commission and staff are actively pursuing 9 additional open space purchases and working through the contingencies for the current project 10 proposal. He stated staff would be meeting with the Lower Rum River and he would be 11 discussing having the property treated as an agricultural project. If this happens then staff would 12 be able to keep the project within the budget set by the Council: He stated Administration is 13 targeting a 45% General Fund Balance for working capital. The City auditor recommends a fund 14 balance of 50 %. The City of Andover has a low debt as compared to other cities of the same 15 size. Two new staffing requests were made by City Departments for the 2013 budget, one a 16 Parks and Maintenance Worker the other a Fire Technician/Inspector. The only request in the 17 2013 Budget recommended by Administration at this time is the Parks Maintenance Worker. 18 This is a department that had layoffs as part of the 2010 budget process and has seen expanded 19 infrastructure over the past few years. With some anticipated retirements, special focus is being 20 placed on appropriate succession planning, particularly in the Building Department. He 21 explained the amount of work in the Building Department was expected to continue to increase 22 and staff will work to be sure there are trained personnel to fill in for those employees that retire. 23 24 Councilmember Trade asked what the City is charging for electrical permits and inspections. 25 26 City Administrator Dickinson stated the City is charging the State rate. He explained the 27 builders like to work in Andover because there is no waiting for permits. Builders are also able 28 to get answers in a timely manner. 29 30 Councilmember Trude asked if the Building Official position is a position the City could share 31 with another community 32 33 City Administrator Dickinson stated Hugo and Lino Lakes have joint powers agreements for this 34 type of position. He stated it could work with a similar agreement for Andover but the 35 community has an expectation of service and that there currently is no waiting period for 36 obtaining permits. There is time before any changes occur in this department and staff will look 37 at alternatives and report back to the Council. 38 39 Councilmember Knight asked if there was a way to track how many homes were for sale in 40 Andover. He stated it appeared to be a high number. 41 42 City Administrator Dickinson stated this was not something that he has tracked. He stated homes 43 were selling in Andover and in Blaine. He continued discussing other personnel related expenses Andover City Council Workshop Meeting Minutes —November 27, 2012 Page 3 including for a few positions to remain competitive with other government entities, Administration has placed $25,000 in the proposed 2013 Human Resource budget for salary adjustments. Pay steps for eligible employees are included in the 2013 proposed budget as well. A cost of living adjustment (COLA) is currently being explored and is a topic of union negotiations. Administration has also placed $3,000 in the proposed 2013 Human Resources budget for the purpose of reinstating an employee recognition program. 8 Councilmember Bukkila asked what the distribution would be for the three (3) positions that 9 would receive the salary adjustments. 10 11 City Administrator Dickinson stated there is an estimated 5% increase for each position. 12 13 Councilmember Trude asked if Kameron us receiving a comparable salary as a Forester. 14 15 Human Resource Manage Mekinen stated a forester's salary is low. Kameron also has internal 16 responsibilities and she is taking these into consideration, but his salary is low. 17 18 City Administrator Dickinson explained the City had gone through mediation for the Public 19 Works contract. The union voted down the proposal and the City is continuing the negotiations. 20 Administration is also asking the City to consider a COLA increase for the non -union City 21 employees. He stated he would recommend an increase. He explained in 2014 there would be 22 some changes to health care and this would have an impact on the City's budget. He stated the 23 City may look at offering an emergency health insurance plan at that time and staff would look 24 into these options and report back to the Council during the 2014 budget discussions. He stated 25 the legal service contract would receive an equivalent COLA increase as the City employees 26 receive. He explained the City's use has decreased so there would not be a change to the City's 27 budget. He reviewed the proposed 2013 memberships and contributions. 28 29 Councilmember Trude asked if Youth First program funding is adequate. 30 31 City Administrator Dickinson explained there was a gap in the Youth First funding of 32 approximately $40,000 but this was being worked on. He stated he would keep the Council 33 informed as this continues to be worked out. He stated a portion of the Road and Bridge fund 34 would be used for pedestrian trail maintenance. He stated if there are unforeseen problems and 35 the City would need additional funds then he would recommend not doing any road 36 improvements for a year and utilizing these funds. He stated staff and Ehlers and Associates are 37 currently pursuing a refinancing opportunity related to the Community Center financings. This 38 refinancing could save the City up to $3,000,000. The levy for the 2004 EDA Public Facility 39 Bonds is presented as a levy that was identified in the original pro -forma analysis for the 40 community center. He noted that this levy was scheduled to be reduced significantly starting in 41 2015, the levy will be offset by a significant portion of the $635,000 YMCA annual rental 42 payment. He explained the City would be working with the YMCA to convert their current sub - 43 lease to a lease. He also stated based on the City's tax capacity decreasing he would not expect Andover City Council Workshop Meeting Minutes —November 27, 2012 Page 4 the S &P to upgrade the City's rating to a AAA for a couple of years. Councilmember Trude asked if Dynamic Sealing is on the City's tax roll. 5 City Administrator Dickinson stated unlike residential properties, commercial properties do not 6 take two (2) years to be on the tax roll. He explained the budget shows a net negative balance 7 and he would recommend the City leave this as presented. This has been effective in 8 departments looking for additional ways to save money in an effort to "balance" the budget. He 9 explained for 2012 the City showed a negative balance but as the year has progressed that 10 negative balance has decreased. He provided the Council a chart showing the City of Andover's 11 tax rate compared to Anoka County neighboring communities. The only two (2) cities that 12 decreased their rates from 2012 to 2013 were Spring Lake Park and Andover. 13 14 Mayor Gamache asked what is included in the 6% intergovernmental revenue in the General 15 Fund Revenue Chart. 16 17 City Administrator Dickinson stated this includes State Aid funds, CDBG Funds and Fiscal 18 Disparities. He stated Ramsey had turned down their grant funds for their recycling center so 19 Andover would be trying to get these funds. 20 21 2012 GENERAL FUND B UDGET PROGRESS REPORT 22 23 City Administrator Dickinson stated the City of Andover 2012 General Fund Budget was 24 approved with total revenues of $9,263,720 and total expenditures of $9,263,720. The 2012 25 expenditure budget currently is amended to $9,298,720 acknowledging $35,000 of 2011 budget 26 carry forwards. He stated the S &P favorably viewed the monthly reporting of the City Budget 27 progress to the City Council and the City Administration directives and departmental 28 expectations for 2012. 29 30 Councilmember Trude asked if the City would be pulling back on collaborative opportunities. 31 32 City Administrator Dickinson stated there have been several collaborative opportunities that have 33 not been cost effective. The agreement with Anoka County for the election equipment has been 34 worked out and this will be on the consent agenda for the City Council's approval. This was an 35 example of a favorable collaborative agreement. He stated the City has had 74 new single - family 36 homes this year and there is an anticipated 4 more before the end of the year. He stated the City 37 is ahead of the budget for snow and ice removal due to the good weather and the City has not had 38 to purchase salt since 2011. 39 40 CITY INVES TMENTS RE VIE W 41 42 City Administrator Dickinson stated a summary report of the City Investment portfolio to the 43 governing body is a recommended practice and often viewed positively by rating agencies. He Andover City Council Workshop Meeting Minutes — November 27, 2012 Page 5 1 provided the Investment Maturities Summary for October 2012, the October 2012 Investment 2 Detail Report, and the October 2012 Money Market Funds report. 3 4 Councilmember Trade asked how the bank on Jay Street is doing. 5 6 City Administrator Dickinson stated the bank is not doing well. There had been someone 7 interested in purchasing it but the FDIC had turned them down so they are still currently for sale. 8 9 OTHER TOPICS 10 11 Posting Open Space 12 13 Councilmember Knight stated he had received reports there had been hunting on the City's open 14 space property. He asked if the City could improve the signs on these parcels and include notice 15 that violators would be prosecuted. 16 17 Councilmember Bukkila stated residents should call 911 when there are people hunting on the 18 City's open space or on their property. This is a Sheriff issue. 19 20 Councilmember Knight stated the resident had called in the past but there had not been anything 21 done so they did not call this time. 22 23 Councilmember Bukkila stated if the violators had been caught on video then they were on 24 private property and the property owners should have called the 911. She recommended the City 25 send a mailing to residents to remind them to call the Sheriff's Department for these situations. 26 27 Councilmember Trade stated the Sheriff's Department does not like to handle hunting violations. 28 29 Councilmember Bukkila stated the City would need to talk to them because this is something that 30 they should address. She stated it might also be the adjacent property owners that are crossing 31 into neighboring properties. 32 33 City Administrator Dickinson stated staff would look at sending letters to property owners. 34 35 Lot Split Variance Request 36 37 Councilmember Trade stated the City had denied a property split variance for Scott Allen. She 38 stated she had wanted to see this approved. She asked staff to bring this request back to the City 39 Council for review. The long term need for the easement will no longer exist and if the lot split 40 occurs there would be an additional lot on the City's inventory. 41 42 Councilmember Bukkila stated this had been reviewed and voted on by the City Council already. 43 Andover City Council Workshop Meeting Minutes — November 27, 2012 Page 6 1 Councilmember Trade stated if the Council acts to change the vote then he could split the lot 2 now rather than in three (3) years. He is interested in doing the additional split. 3 4 City Administrator Dickinson stated this could possibly be added to the City Council meeting on 5 December 18 th . 6 7 WDE Presentation Update 8 9 Councilmember Howard stated he had requested City Administrator Dickinson schedule a 10 follow -up on the WDE Presentation. There has been some activity on the property and he would 11 like an update on what is happening. 12 13 City Administrator Dickinson stated they are trying to extract fluid out of the land fill. He will 14 schedule another MPCA presentation for the City Council. 15 16 Recess and Reconvene 17 18 Mayor Gamache recessed the City Council workshop meeting at 7:23 p.m. to a closed session of 19 the City Council to discuss City Administrator Review. 20 21 The City Council reconvened at 7:58 p.m. 22 23 Animal Trapping Petition 24 25 Mayor Gamache stated the City should expect to see a petition from the Round Lake Association 26 in regard to animal trapping on the lake. They do not want to see animal trapping on the lake. 27 28 ADJOURNMENT 29 30 Motion by Councilmember Bukkila, Seconded by Councilmember Trade, to Adjourn the 31 November 27, 2012 City Council Workshop. The motion carried unanimously. 32 33 The meeting adjourned at 8:01 p.m. 34 35 Respectfully submitted, 36 37 Tina Borg, Recording Secretary • ANDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: December 4, 2012 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $165,435.36 on disbursement edit list #1- 3 from 11/19/12 — 11/29/12 have been issued and released. Claims totaling $7,536.15 on disbursement edit list #4 dated 12/04/12 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 proj ects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $172,971.51. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, �z -�z Lee Brezinka Attachments: Edit Lists w t a"' N YQ w L L C 4 o o L � � � d M i y V y < U v V N C. p A N 4+ � �1 C O O O 0 � o Q o m n U 3 L WOO 'rl � O o y N ccCy d G I V y O O Y-I N O V 00-0 v o � U � on p z U El O 0 0 0 CJ F U U O 0 o 0 C N U N U t r F Y u U w O H �o w u C y L'7 W W W W W W u O N Vt M �h V O Vt Vt i0 f� O r O r y U U N V O U O V O Ci C\ O N C\ N E C O G O 6 0 C O C O C O O O O C V y 0 N O d 0 4 0 0 0 0 U In IN U 0 O O O O O O O O O N N N N N 0 \ N N � W x W w fn G N \ N N N N\ N N V Ia �I = v1 07 W O O O O N O vl V1 t7 M O O vl � ^ O 00 V M ti G G U) CO 0 to Id N U U yy o b 0 rti � N N U 0 4 < z N G W N C G C 00 ti a N U 00 F c� u U L w u C z u U G U Cn T C O O C G O G a 0 z U u �o . C . 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Y C u r F+ U 0 � 4 M N N N V 0 4 0 c Y U tJ U U v � y U a c � O C r � q C u r F+ U 0 � 4 M N N N V 0 4 0 c Y U tJ U 0 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 Administrat FROM: David Berkowitz, Director of Public rks /City Engineer SUBJECT: Approve JPA & 2013 Tri -City GIS Contract - Engineering DATE: December 4, 2012 INTRODUCTION The City Council is requested to approve the Joint Powers Agreement (JPA) & and the 2013 GIS Tri-City Contract. This contract is between the Tri-City Group (Andover, Fridley and Columbia Heights) and FLAT ROCK GEOGRAPHICS. DISCUSSION Attached is the proposed JPA for the Tri-City GIS group. The old JPA had expired and was in need of updating. The City Attorney has reviewed the JPA and recommends approval. Also attached is the proposed 2013 GIS contract. FLAT ROCK GEOGRAPHICS will provide approximately 80 hours per month of GIS service through this contract. The current contract has been increased 3% from the previous year. The amount of the 2013 contract is $35,300. BUDGET IMPACT The funding is budgeted from the Drainage and Mapping Fund, water, sanitary and storm sewer funds, Lower Rum River Watershed Management Organization, right -of -way management fees and the Road & Bridge Fund. ACTION REQUIRED The City Council is requested to approve the JPA & the 2013 GIS Tri-City Contract. Respectfully submitted, David D. Berkowitz Attachments: JPA & Consulting Services Agreement cc: Blaine Hackett, FLAT ROCK GEOGRAPHICS, 2434 Virginia Circle, Roseville, MN 55113 GIS JOINT POWERS AGREEMENT This Agreement is made and entered into by and between the City of Andover, a Minnesota municipal corporation, the City of Fridley, a Minnesota municipal corporation, and the City of Columbia Heights, a Minnesota municipal corporation. RECITALS WHEREAS, the parties hereto desire to jointly and cooperatively exercise their powers to provide geographic information systems and data as efficiently and cost - effectively as possible; and WHEREAS, the parties hereto previously executed a GIS Joint Powers Agreement in 1996 (the "1996 JPA Agreement"), which has lapsed; and WHEREAS, despite the lapse of the 1996 JPA Agreement, the parties hereto continued to jointly and cooperatively contract for a common geographic information systems and data; and WHEREAS, the parties desire to reaffirm their commitment to such joint and cooperative activity concerning common geographic information systems and data, and memorialize their joint and cooperative activity and agreement with respect to such activity; NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: -1- I. PARTIES The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes, Section 471.59, as may be amended from time to time. II. DEFINITIONS For the purpose of this Agreement, the terms defined in this Article have the meanings given to them. Section 1. "Board" means the board of directors established by Article V. Section 2. "Council" means the governing body of eachgovernmental unit. Section 3. "GIS" means geographic information systems. Section 4. "GIS Provider" means the person or firm hired to provide GIS technical assistance to the Organization and fulfill the tasks generally described in Section IV of this Agreement. Section 5. "Member" means the governmental unit which has entered into and become a party to this Agreement. Section 6. "Members" means all the governmental units which have entered into and become a party to this Agreement. Section 7. "Organization" means the joint and cooperative organization created by this Agreement and comprised of the Members of this Agreement. III. GENERAL PURPOSE The general purpose of this Agreement is to establish an organization to coordinate efforts to provide GIS services to the Members and provide joint funding of a GIS Provider. IV. SCOPE OF SERVICES -2- This Organization shall be responsible for organizing and updating databases for use with GIS software, updating of GIS base maps, and providing custom GIS applications based on the need of each of the Members. Furthermore, the Organization shall provide various forms for training of GIS users, develop proposals that will enable individual Members to seek quotes for various data gathering input to their respective GIS systems, analyze each Member's GIS hardware, and render advice relative to the networking of each Member's hardware. V. GOVERNING BOARD The governing body of the Organization shall be a Board consisting of three persons, each of whom shall be the City manager /administrator of each Member or their designees. The Board shall not have the authority to issue bonds. VI. MEETINGS Section 1. Board members shall meet at least once annually for the purpose of evaluating the work of the GIS Provider as well as defining the scope and cost of work to be completed in the next calendar year. Said meeting shall be held on or before October 1", of each year, or on such other day as the Board may mutually agree upon. Section 2. The Board may make such contracts and enter into such agreements as it deems necessary to make effective any power granted by this Agreement. It may contract with any of its Members, or others, to provide space, services or materials on behalf of the Organization. VII. DISTRIBUTION OF BENEFITS All benefits of the GIS Provider services are to be allocated among the Members of the Organization in a manner and in proportion as mutually agreed upon by the Members based upon their individual usage of the services. The GIS Provider will strive to accomplish the items in -3- the Scope of Services relevant to all Members before performing additional, individual Member- specific tasks. The GIS Provider will be available to meet with the representative of each of the Members to discuss progress being made on each of the items listed in the Scope of Services and each Member's specific tasks. VIII. FINANCES Section 1. Members shall contribute to the cost of a contract with a GIS Provider for the performance of tasks identified under the Scope of Services in proportion to the benefit of service each Member receives from the GIS Provider. Each Member shall be provided with a quarterly summary of costs incurred under this Agreement, and will pay amounts due within thirty (30) days of receiving said summary. Section 2. The Organization's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Columbia Heights to act as depository for the Organization's funds. There shall be no disbursement of Organization funds from the City of Columbia Heights depository account without the prior written approval of at least two Board members. Section 3. The City of Columbia Heights will receive invoices from the GIS Provider and pay the GIS Provider on a monthly basis for the work performed, in accordance with this Agreement. The City of Columbia Heights shall be responsible for maintenance of any grant revenue or other revenues collected by the Organization. Interest collected on funds held on behalf of the Organization shall be the property of the Organization. Section 4. The Board shall make a financial accounting report to the Members at least once a year. The books and records of the Organization shall remain open and available for inspection by Members at all reasonable times. 0 Section 5. An annual budget shall be adopted by the Board at the organizational meeting and the annual meeting each year. Copies of the budget shall be mailed promptly to the City manager /administrator of each Member. The budget shall be deemed approved by each Member with the exception of any Member who, at any time prior to the annual meeting, gives notice in writing to other Members that it is withdrawing from the Organization. IX. INDEMNIFICATION Each Member shall fully indemnify and hold harmless the other Members against all claims, losses,_ d liability, lawsuits, judgments, costs and expenses by reason of action or inaction of its employees assigned to the Organization. The Agreement to indemnify and hold harmless does not constitute a waiver by any Member of limitations on liability provided by Minnesota Statutes, Chapter 466. To the fullest extent permitted by law, this Agreement is intended to be, and shall be, construed as a "cooperative activity" and it is the intent of the Members that they shall be deemed a "single governmental unity" for the purposes of liability, as set forth in Minn. Stat. §471.59, Subd. la(b). Nothing herein shall be construed to waive or limit any immunity availability to any Member, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. Under no circumstances shall a Member be required to pay on behalf of itself or other Members, any amounts in excess of the limits of liability established in Minnesota Statutes, Chapter 466 relative to any third party claim. The statutory limits of liability for some or all of the Members may not be added together or stacked to increase the maximum amount of liability for any third party claim. X. DURATION -5- This Agreement shall become effective upon the execution by all Members listed in Paragraph 1 of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same Agreement. This signed Agreement shall be filed with the City Clerk in the City of Andover, who shall notify all Members in writing of its effective date. Section 1. This Agreement shall continue in full force and effect, automatically renewing annually, unless and until terminated pursuant to Section 2 of this Article. Section 2. This Agreement can be terminated at any time upon the prior written agreement of two - thirds (2/3) of the Board members. Section 3. Upon termination of this Agreement, all property of the Organization, and any proceeds from the sale thereof, shall be distributed to the Members in proportion to the contributions of each Member of this Agreement. Section 4. Governmental units wishing to become Members after the effective date of this Agreement may be admitted only upon the favorable vote of two - thirds (2/3) of the votes of the Board members. Financial contributions and responsibilities of any newly admitted Member shall be prorated to the date of membership as determined by the Board. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes, Section 471.59. [The remainder of this page is intentionally left blank.] so CITY OF ANDOVER SIGANTURE PAGE Approved by the City Council CITY OF ANDOVER By Title Date of Signature By Title Date of Signature -7- CITY OF FRIDLEY SIGNATURE PAGE Approved by the City Council CITY OF FRIDLEY By Mayor Date of Signature City Manager Date of Signature In CITY OF COLUMBIA HEIGHTS SIGNATURE PAGE Approved by the City Council CITY OF COLUMBIA HEIGHTS By Title Date of Signature By Title Date of Signature W CONSULTING SERVICES AGREEMENT This Agreement is made as of ' 201_ (the "Effective Date "), by and between FLAT ROCK GEOGRAPHICS ( "Contractor ") and the Tri-City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri- City." CONTRACTOR and Tri-City are collectively referred to as "Parties" and individually as a "Party." WHEREAS, Tri-City requires services to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. TERM 1.1 Term. The term of this Contract shall be from January 1, 2013, through December 31, 2013, unless earlier terminated by law or according to the provisions of this Contract. 2. CONTRACTOR'S OBLIGATIONS 2.1 General Description. Contractor will provide GIS technical assistance to Tri-City which includes the cities of Andover, Columbia Heights and Fridley. Additional work may be contracted as provided in Section 3.4. 2.2 Conformance to Specification. The Contractor will provide the Services as set forth in Exhibit A. 2.3 Limited Warrantv Contractor warrants that the Services will be performed in a safe, professional and workmanlike manner consistent with the applicable industry standards and this Agreement. CONTRACTOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, A CUSTOM OR USAGE OF TRADE. 7268579v1 3. PAYMENT 3.1 Service Fees The Contractor's fees for Services are set forth below (Service Fees "). Service Fees do not include any taxes that may be due based on the Service Fees, or for reimbursable expenses, for which Tri-City agrees to pay directly or reimburse Contractor. Total Service Fees: $80,888. to be allocated as follows: Andover - $35,300. Fridley - $30,593. -0 Columbia Heights - $14,995. 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the hours of services rendered listed by classification, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all reimbursable expenses being charged to the Contract, 6) the dates of the performance period covered by the invoice. 3.3 Time of Payment. All invoices are due within thirty days from the invoice date. If Tri-City disputes any portion of Contractor's invoice, then Tri-City will: (a) pay any amount not in dispute by the due date; and (b) within five business days after receipt of that invoice, inform Contractor in writing of the disputed amount and the specific reason(s) for withholding payment. On Contractor's receipt of this, the Parties will work together in good faith to resolve such disputes in a prompt and mutually acceptable manner. Tri- City agrees to pay any disputed amounts within five days after the issues have been resolved. 3.4 Changes to Scope Tri-City shall have the right to request changes to the scope of the Services; however, all such changes are subject to acceptance by Contractor. If any change to the scope of the Services will cause an increase or decrease in the Service Fees, or in the time required for performance, prior to commencing the services required by the requested change, Contractor shall notify Tri-City of such increase or decrease by e- mail. Contractor shall not proceed with performance and shall have no obligation to proceed with performance pursuant to any requested change 2 7268579v1 to the scope of the Services by Tri-City unless and until Contractor has received Tri- City's agreement to such increased or decreased Service Fees or time for performance via e-mail. 4. COMPLIANCE WITH LAWS /STANDARDS 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for which Contractor is responsible. 5. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. 6. INDEMNIFICATION Contractor shall indemnify, hold harmless and defend Tri-City, its members, officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees which Tri-City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act, or negligent or willful omission of Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform Contractor's obligations pursuant to this Contract. 7. INSURANCE 7.1 General Terms. In order to protect itself and to protect Tri-City under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy shall not be canceled by the issuing insurance company without at least thirty (30) days written notice to Tri-City of intent to cancel. 7.2 Coverage. The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall include the following: A) Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide professional services under this Contract, which shall include the following 3 7268579v1 coverages at a minimum: Personal Injury /Damage: $200,000 per person $600,000 per occurrence B) Workers' Compensation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with Tri-City. 7.4 Failure to Provide Proof of Insurance. Tri-City may withhold payments for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above until such time the Contractor complies with the requirements of this Section. 8. SUBCONTRACTING Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri-City. 9. DEFAULT 9.1 Inability to perform. Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediately notify Tri-City in writing whenever it is unable to or reasonably believes it is going to be unable to provide the agreed upon quality of services. Upon such notification, Tri-City shall determine whether such inability requires a modification or cancellation of this Contract. 9.2 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 10. TERMINATION 10.1 With or Without Cause. Notwithstanding any other provision of this Contract, either Party may terminate this Contract at any time for any reason by giving thirty (30) days written notice to the other. Tri-City shall pay to Contractor the reasonable value of services received from Contractor as of the termination date. 10.2 Notice of Default. 4 7268579vl Either Party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract. 10.3 Failure to Cure. If the Party in default fails to cure the specified circumstances as described by the notice given under the above paragraph within the ten (10) days, or such additional time as may be mutually agreed upon, then the whole or any part of this Contract may be terminated by written notice. 10.4 Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the other Party's Authorized Representative. Notice of Termination is deemed effective upon delivery to the address of the Party as stated in paragraph 12. 10.5 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any Party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination, in accordance with the laws of the State of Minnesota. 11. CONTRACT RIGHTS /REMEDIES 11.1 Rights Cumulative. All remedies available to either Party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of Tri-city and Contractor. 11.3 Force Majeure Contractor will not be responsible for the delay in its performance of any obligation under this Agreement caused by acts of God, legal restrictions, or any other similar conditions beyond the control of Contractor. 5 7268579v1 12 13. 14. 15 16. 7268579v1 AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Contractor: President Flat RockGeographics, LLC 2434 Virginia Circle Roseville, MN 55113 Andover: Director of Public Works /City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Fridley: Director of Public Works City of Fridley 6431 University Avenue NE Fridley, MN 55432 MODIFICATIONS Columbia Heights: Public Works Director City of Columbia Heights 637 - 38 Avenue NE Columbia Heights, MN 55421 Except as otherwise provided in Section 3.4 hereof, any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of Tri-City and Contractor. LIMITATION OF LIABILITY NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE SERVICES, THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either Party. MERGER AND FINAL AGREEMENT 16.1 This Contract is the final statement of the agreement of the Parties and the 0 complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein - contained. 17. DISPUTE RESOLUTION 17.1 This Agreement will be construed and enforced according to the laws of the State of Minnesota, without regarding to its conflicts of law rules. Any litigation regarding this Agreement must be filed and maintained in the state or federal courts of the State of Minnesota and the Parties consent to the personal jurisdiction of such courts. No provision of this Section 17 will preclude either Party seeking injunctive relief to prevent immediate or irreparable harm to it, but the mediation stated in Section 17.3 will otherwise be fully exhausted before the commencement of any litigation. 17.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any lawsuit or other action, regardless of form, relating to this Agreement, including, without limitation, an action for breach of warranty, must be commenced within one year after the later o£ (a) date on which the breach of warranty or other cause of action occurred; or (b) date on which that Party knew or should have known of that breach of warranty or other cause of action. 17.3 Prior to commencement of any litigation regarding this Agreement, the Parties agree to voluntary, non - binding mediation to resolve any dispute they may have. The mediation will be conduct by a mutually selected mediator (or if the Parties cannot agree, by a mediator selected by the CPR Institute for Dispute Resolution), in accordance with the CPR Institute's Model Procedure for Mediation of Business Disputes. The Parties will each pay its own attorneys' fees and will share equally the other mediation costs. While this mediation will be non - binding in all respects (except agreements in settlement of the dispute negotiated by the Parties), each Party will appear when directed by the mediator, be fully prepared to work toward the dispute's resolution, and participate in good faith. If the mediation does not result in a mutually satisfactory resolution of the dispute within ninety days after it is began, either Party may commence an action as permitted under Sections 17.1 and 17.2. All negotiations between the Parties pursuant to this Section 17 will be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. 18. NON - DISCLOSURE OF NON - PUBLIC. PRIVATE OR CONFIDENTIAL INFORMATION 7 7268579v1 The parties agree that in order to perform its duties under the terms of this Agreement, Contractor will have access to and may use certain information in the custody of the City that would be categorized as private or non - public data within the meaning of Minnesota law. Any such information or data is confidential and, as an essential and necessary part of this Agreement, Contractor agrees not to disclose, use, or otherwise disseminate any such data or information to any other party or entity other than the City. Use of any such information or data by Contractor during the period of this contract shall be exclusively for the purpose of fulfilling it obligations hereunder. Contractor agrees to indemnify the City and hold it harmless from any and all disclosures of such information and data to any other party as a consequence of its actions, which would include the actions of its agents, employees or anyone else that may be acting under its direction or on its behalf. Any such information and data in Contractor's possession after fulfillment of its obligations herein shall be destroyed or returned to the City and Contractor shall retain no copies thereof for any purpose. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. CONTRACTOR TRI -CITY GIS ORGANIZATION L Title: Date: By: Title: Date: By: Title: Date: By: Title: Date: 8 72685790 Exhibit A Contractor shall provide the following services generally described as GIS On- Site Support, including but not limited to: Tri -City GIS Specialist 1 $36.77 per hour Field Collection, Data Input, Data Editing, Data Creation, Data Management, Data Updates, Data Sychronization, Mapping, Geocoding, Update GeoMoose Layers, Run reports (CTS, GranitXP), General Maintenance of software, Checkln /Checkout Field data Analyst 1 $65.00 per hour GeoMoose Customization, GIS Software Installation, Data Modelling, Model Builder, ArcPad Forms, CTS technical support, CityWorks Database manipulation Programmer 1 $95.00 per hour Writing Code (HTML, VBSCRIPT), GeoMoose Custom Development (PHP, Javascript), Automation Project Manager $75.00 per hour Run meetings, Demos, Training, Task Management IT 1 $90.00 per hour Software Installation, OS Tech support Sr. Project Manager 1 $90.00 per hour Advanced Client Relations, Advanced Data Modeling NOTE: This is not a comprehensive list. 9 72685790 TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Publi orks / City Engineer P PS FROM: Jason J. Law, Asst. City Engineer SUBJECT: Order Feasibility Report /13 -02a (Stenquist Addition) & 13 -02b (159 Avenue NW) /2013 Street Reconstruction - Engineering DATE: December 4, 2012 INTRODUCTION The City Council is requested to order the preparation of a feasibility report for the 2013 Street Reconstruction, Projects 13 -02a (Stenquist Addition) & 13 -02b (159 Avenue NW). DISCUSSION Identified in the City's 2013 -2017 Capital Improvement Plan is reconstruction of the Stenquist Addition and 159 Avenue NW from 7 th Avenue NW to Marystone Boulevard NW. The project will include reclaiming the existing bituminous surface, replacing bituminous curb with concrete curb and gutter, minor storm sewer improvements, and paving a new bituminous surface. A deep culvert under 159 Avenue NW will also be replaced with this project. This has been a very effective reconstruction method since the City began the process back in 1996. A neighborhood informational meeting is scheduled for Tuesday, December 11 BUDGETIMPACT The project would be funded from the City's Road & Bridge Fund, with 25% of the total project costs assessed to the benefiting properties as identified in the City's Roadway Reconstruction Assessment Policy. ACTION REQUIRED The City Council is requested to approve the resolution ordering preparation of a feasibility report for Projects 13 -02a (Stenquist Addition) & 13 -02b (159 Avenue NW), 2013 Street Reconstruction. Respectfully submitted, 4 ao- Jason J. Law Attachments: Resolution & Location Map's CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF 2013 STREET RECONSTRUCTION FOR PROJECT NOS. 13 -02a (STENQUIST ADDITION & 13 -02b (159 AVENUE NW) . WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Projects 13 -02a & 13 -02b and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works /City Engineer and he is instructed to provide the City Council with a feasibility reports. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 4 day of December , 2012 , with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER voting Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk C I T Y O F ANDOVE 2013 Street Reconstruction Location Map IGM 4M Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps nor surveys and are not intended to be used as such. 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. Copyright © 2010 City of Andover, All Rights Reserved I] Printed 09/18/2012 TO: Mayor and Council Members CC: Jim Dickinson, City AdministratV David D. Berkowitz, Director of ks / City Engineer 'DDh3 FROM: Jason J. Law, Asst. City Engineer SUBJECT: Order Feasibility Report /12- 28/Nightingale Street NW Reconstruction - Engineering DATE: December 4, 2012 INTRODUCTION The City Council is requested to order the preparation of a feasibility report for Project 12 -28, Nightingale Street NW Reconstruction. DISCUSSION Nightingale Street NW between Crosstown Boulevard and 161 Avenue NW is included in the Capital Improvement Plan for reconstruction in 2013. As a part of this project, a trail will be constructed on the east side of Nightingale Street NW that will extend from Crosstown Boulevard NW to 157 Lane NW. A neighborhood meeting was held with affected residents to discuss the preliminary project details on November 27, 2012. BUDGETIMPACT The project costs will be funded through the City's Road and Bridge Fund and special assessments to properties fronting along the improvements. Detailed cost estimates will be included in the feasibility report. ACTION REQUIRED The City Council is requested to approve the resolution ordering preparation of a feasibility report for Project 12 -28, Nightingale Street NW Reconstruction. Respectfully submitted, Jason J. Law / Attachments: Resolution, ocation Map, Neighborhood Meeting Sign -in Sheet) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 12 -28, NIGHTINGALE STREET NW RECONSTRUCTION WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 12 -28 and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works /City Engineer and he is instructed to provide the City Council with a feasibility reports. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 4 th day of December , 2012 with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: voting Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk Capital Improvement Plan K6 K6 r r t a e _6 _ Project Name: STATE AID ROUTES RECONSTRUCTION (2013) NIGHTINGALE ST L E G E N D Project Location Lots /Parcels ED Park Water Right of Way City Limits VV I 0 450 900 1,350 Feet L6 0 LO to r M r a o� MO LO F� o O w � w) Z zo gz w� O� z M Q N Z r � M � M Q r wx J U- O 0] z O U H U O U LO Q l ^ � i � 'W N `1 1 t � G n3 FY? a V 3 N L T _ CD N o ti E N N L � O Y. N c T �C E ~ Z t V o > i 0 cn d M Z Q. � >+ o W s ~ tm Z l ^ � i � 'W N `1 1 t � G n3 FY? a NDOVE / ilk �A 66W 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 Public orks /City Engineer SUBJECT: Order Improvement/Order Plans & Specs /13- 3/2013 Crack Sealing - Engineering DATE: December 4, 2012 INTRODUCTION The City Council is requested to order the improvement and order plans and specifications for 2013 Crack Sealing, Project 13 -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 2013 -2017 Capital Improvement Plan. Areas to be crack sealed this year are noted in the CIP as the East %2 of Zone 1. Refer to the attached map. BUDGET IMPACT The City's 2013 -2017 Capital Improvement Plan identifies a budget of $110,000. 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 and order plans and specifications for 2013 City Project 13 -3, 2013 Crack Sealing. Respectfully submitted, David D. Berkowitz Attachments: Resolution & Location Mape CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND ORDERING PLANS AND SPECIFICAITONS FOR THE IMPROVEMENT OF PROJECT NO. 13 -3 FOR THE 2013 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 2013 Crack Sealing , Project 13 -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. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 4 day of December 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 COOMCREf NINO... 7==7 ..... 0 L C C %..7 r- N u P Project Location Lots /Parcels Park Water Right of Way . J .. '= L (7 0 750 1,500 Feet 14 'IN, it ;4-rll,ll 145m ,�E 04 K Location Map TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Pu rrkslCity Engineer — - FROM: Jason J. Law, Assistant City Engineer SUBJECT: Order Improvement /Order Plans & Specs /13- 04/2013 Seal Coating - Engineering DATE: December 4, 2012 INTRODUCTION The City Council is requested to order the improvement and order plans & specifications for Project 13 -04, 2013 Seal Coating. DISCUSSION The street seal coating program is an effective and cost efficient means to prolong the life of the City's street infrastructure. In past years, the streets in one of the nine maintenance zones were seal coated. Due to budget constraints, only half zones are being seal coated under the current program along with areas that have been recently constructed and have not had a seal coat application. The 2013 Seal Coat areas are shown on the attached maps. The City of Coon Rapids will prepare the final plans and specifications and will solicit bids through the previously approved Joint Powers Agreement. Costs savings due to receipt of more competitive bids has been realized in past years through use of the Joint Powers Agreement. BUDGET IMPACT The 2013 Seal Coat project has been identified in the City's 2013 -2017 Capital Improvement Plan. Funding for this project will be from the Road & Bridge Fund. ACTION REQUIRED The City Council is requested to approve the resolution ordering the improvement and ordering plans & specifications for Project 13 -04, 2013 Seal Coating. spectfully submitted, Jason J. Law, P.E. J ✓ Attachments: Resolution & Project Location Maps CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT NO. 13 -04 FOR 2013 SEAL COATING . WHEREAS, the City Council is cognizant of the need for the seal coating improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2013 Seal Coating , Project 13 -04 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. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 4 day of December , 2012 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: voting Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk AN66W Aft 2013 Sealcoat Project (C.P. 13-04) i Area Name: ZONE 8 (EAST HALF) BLVI X I/ ANDOVER BLVI . . .. .... .... . L E G E N D Project Location Lots/Parcels ED Park Water Right of Way City Limits ODRA 0 445 890 1,780 Feet ANLb 6 q 2013 Sealcoat Program (C.P. 13 -04) Area Name: ANDOVER BLVD � ON-CREEK L E G E N D Project Location Lots /Parcels Park Water Right of Way City Limits N R E S 0 315 630 POM Feet 1,260 2013 Sealcoat Program (C.P. 13-04) ANLb 6 W j. 4W Area Name: 146TH LANE Prairie Knoll Pa ANDOVER BLV L E G E N D Project Location Lots /Parcels Park Water Right of Way City Limits N w 0 365 730 1,460 TTTIMn Feet ANL6 f� 7 2 013 Sealcoat Program (C.P. 13 -04) i ��! JL, Area Name: GROW OAKVIEW ESTATES L E G E N D Project Location Lots /Parcels Park Water Right of Way City Limits 0 340 680 1,360 Feet WLb6W 2013 Sealcoat Program (C.P. 13-04 Area Name: NORTHGLEN N^ ..........s 10 i of > LU Z 0 L rH L E G E N D 10 Project Location Lots/Parcels Park Water Right of Way City Limits N K S 0 305 610 Feet 1,220 2013 Sealcoat Program (C.P. 13 -04) Area Name. 157TH AVE L E G E N D Project Location Lots /Parcels Park Water Right of Way City Limits MZLIM I 0 365 730 1,460 Feet TO: Mayor and Council Members CC: Jim Dickinson, City Administrator s3 David D. Berkowitz, Director of Pub 'c ks /City Engineer �D FROM: Jason J. Law, Assistant City Engineer SUBJECT: Order Improvement /Order Plans & Specs /13 -07 & 13- 12/2013 Trail Maintenance and 2013 Parking Lot Maintenance - Engineering DATE: December 4, 2012 INTRODUCTION The City Council is requested to order the improvement and order plans & specifications for Projects 13 -07, 2013 Trail Maintenance and 13-12,2013 Parking Lot Maintenance. DISCUSSION In 2004 a Pavement Maintenance Program was put in place for the City of Andover's Trail System. The engineering department annually updates the plan as more trail segments are constructed throughout the City and annually updates and revises the plan accordingly to fit into budgetary constraints. The City has also implemented a Parking Lot Maintenance Program for all City owned parking lots. These programs help to prolong the life span of the City's trail and parking lot infrastructure. BUDGET IMPACT These projects are identified in the 2013 — 2017 Capital Improvement Plan. ACTION REQUIRED The City Council is requested to approve the resolution ordering the improvements and ordering plans & specifications for Projects 13 -07, 2013 Trail Maintenance and 13 -12, 2013 Parking Lot Maintenance. Res ectfully ubmitted, ason J. Law Attachments: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT NOS. 13 -07 & 13 -12 FOR 2013 TRAIL MAINTENANCE & 2013 PARKING LOT MAINTENANCE . WHEREAS, the City Council is cognizant of the need for the trail and parking lot maintenance improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2013 Trail Maintenance and 2013 Parking Lot Maintenance , Projects 13 -07 & 13 -12 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. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 4 th day of December 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 Clerk 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrat David D. Berkowitz, Director of Jason J. Law, Assistant City Eng or P bli rks /City Engineer DT ineer Order Improvement /Order Plans & Specs /13- 08/2013 Curb, Sidewalk & Pedestrian Ramp Repairs - Engineering December 4, 2012 INTRODUCTION The City Council is requested to order the improvement and direct preparation of plans and specifications for Project 13 -08, 2013 Curb, Sidewalk & Pedestrian Ramp Repairs. DISCUSSION The City has an annual program that inspects and identifies damaged or deficient segments of concrete curb and gutter and sidewalk. Replacement of these segments prolongs the life of the City's infrastructure and improves safety for the traveling public. The City also completes an annual program where existing trail and /or sidewalk crossings without truncated dome pedestrian curb ramps are reconstructed and brought into compliance with ADA (American's with Disabilities Act) standards. Typically 3 -6 pedestrian ramps are reconstructed annually through this program. This project is indentified in the City's 2013 -2017 Capital Improvement Plan under the Annual Curb Replacement item. BUDGETIMPACT The project would be funded from the City's Road & Bridge Fund. ACTION REQUIRED The City Council is requested to approve the resolution ordering the improvement and directing preparation of plans and specifications for Project 13 -08, 2013 Curb, Sidewalk & Pedestrian Ramp Repairs. 9 ; submitted, Jason J. Law Attachments: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 13 -08 FOR 2013 CURB, SIDEWALK & PEDESTRIAN RAMP REPAIRS WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2013 Curb, Sidewalk & Pedestrian Ramp Repairs Project 13 -8; 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. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 4 th day of December , 2012 , with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: voting Michael R. Gamache - Mayor Michelle Hartner Deputy City Clerk A C I T Y 0 , NLbD 60 VVE9 r.`. 1685 CROSSTOWN BOULEVARD N.W. * ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrato David D. Berkowitz, Director of P is orks /City Engineer Todd J. Haas, Assistant Public Works Director Consider Resolution Removing No Parking Signs / Kiowa Street NW /Strootman Park - Engineering. December 4, 2012 INTRODUCTION The City Council is requested to approve the resolution removing No Parking on a section of Kiowa Street NW from 154 Avenue NW to 155` Avenue NW. DISCUSSION Attached is a letter that was recently sent to those that live adjacent to the designated no parking area. As indicated in the letter to the neighborhood, a few years ago the City relocated the ball field at Strootman Park along with constructing a new parking lot near the south and west end of the park to accommodate the users of the ball field and other amenities the park has to offer. With the construction of the new parking lot which has eliminated vehicles parking on Kiowa Street NW, the No Parking signs can now be removed. Note: No questions or comments were received by the area residents. ACTION REQUIRED The City Council is requested to approve the resolution removing No Parking on a section of Kiowa Street NW from 154 Avenue NW to 155 Avenue NW. Respectfully submitted, 4400 //4044 Todd J. Haas Attachments: Resolution, to residents, Locatio M p including location of existing No Parking signs, Resolutio -90 cc: Ted Butler, Chairman of Park & Recreation Commission (copy sent by e -mail) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION TO REMOVE NO PARKING ON BOTH SIDES OF KIOWA STREET NW FROM 154 AVENUE NW TO 155 AVENUE NW. WHEREAS, the City has approved Resolution No. 064 -90 designating No Parking on Kiowa Street NW from 154 Avenue NW to 155 Avenue NW; and WHEREAS, the City has notify effected residents about the No Parking signs being removed and no comments were received; and WHEREAS, due to relocation of the ball field along with constructing a new parking lot near the south and west end of the park to accommodate the users of the ball field and other amenities the park has to offer has eliminated vehicles parking on Kiowa Street NW; and WHEREAS, removing the signs there will be a cost savings to the City since the replacement of these signs would be necessary from time to time due to aging, fading and sometimes damage of the signs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to remove No Parking on both sides of Kiowa Street NW from 154 Avenue NW to 155 Avenue NW. Adopted by the City Council of the City of Andover this 4 th day of December, 2012 ATTEST: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk RES. NO. A R SOLUTION TO REMOVE NO PARKING ON BOTH SIDES OF KIOWA STREET NW FROM 154 AVENUE NW TO 155 AVENUE NW. 'WHEREAS, the City has notify effected residents about the No Parking signs being removed and no comments were received; and WHEREAS, due to relocation of the ball field along with constructing a new parking lot near the south and west end of the park to accommodate the users of the ball field and other amenities the park has to offer has eliminated vehicles parking on Kiowa Street NW; and WHEREAS, removing the signs there will be a cost savings to the City since the replacement of these signs would be necessary from time to time due to aging, fading and sometimes damage of the signs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to remove No Parking on both sides of Kiowa Street NW from 154 Avenue NW to 155 Avenue NW. Adopted by the City Council of the City of Andover this 4 th day of December, 2012 ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 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.CI.ANDOVER.MN.US November 6, 2012 Re: Removal of Existing No Parking Signs / Kiowa Street NW Dear Owner /Occupant:. As you know a few years ago the City of Andover relocated the ball field at Strootman Park along with constructing a new parking lot near the south and west of the park to accommodate the users of the ball field and other amenities the park has to offer. With the construction of the new parking lot which has eliminated vehicles parking on Kiowa Street NW, City staff will be recommending to the .City Council to remove the No Parking signs. By removing the signs there will also be a cost savings to the City since the replacement of these signs would be necessary from time to time due to aging, fading and sometimes damage of the signs. If you have any questions or concerns, please contact me at (763) 767 -5131 or Dave Berkowitz, Director of Public Works /City Engineer at (763) 767 -5133 by Wednesday, November 21, 2012. Sincerely, Todd J. Haas Asst. Public Works Director Attachment: Existing No Parking Sign Map area TJH:tjh H/ Engineering / misc /noparkingletters /strootmanpark W Z #0 Q ` W sR S J 4 �a o� 2 2 h� x u C- 5 CU MW N O O J O N L � O T O C N @ 00 O � @ a a d ° c I` m N J O C a J O L N J O } T C O @ @ T a � CO O - N (0 N N N ° C d O J D_ a U C N O N a d � N p� � h ao t ° N a m J Q mad " 0 c o0Q m °`o E @ o N C � L N N H d E � a @ E i U Q «U CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 064 -90 A RESOLUTION DESIGNATING NO PARKING ON KIOWA STREET NW FROM 154TH AVENUE NO TO 155TH AVENUE NW. WHEREAS, the Council is cognizant of the - public nuisance; traffic hazard, congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to the problems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that Kiowa Street NW from 154th Avenue NW to 155th Avenue NW be designated no parking. Adopted by the City Council of the City of Andover this 15th day of May , 1990. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk James E. E ling, Mayor (3 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: James Dickinson, City Administrator FROM: Dana Makinen, Human Resources Manager SUBJECT: Approve City Administrator Review DATE: December 4, 2012 INTRODUCTION The City Council held a special executive session on November 27 2012, to evaluate the performance of the City Administrator James Dickinson. DISCUSSION The evaluation of the City Administrator, James Dickinson, was conducted in an executive session by the City Council as permitted by state open meeting laws. In summary review of the Council's discussion with the City Administrator, it was determined that City Administrator Dickinson meets or exceeds the expectations of the City Council. The City Administrator was evaluated in the areas of Council relations, fiscal management, personnel, supervision, leadership, intergovernmental relations and community relations. ACTION REQUESTED Council is requested to approve the results of City Administrator Dickinson's performance reviews as satisfactory and authorize a renewal of his contract for another year. Respectfully submitted, Dana Makinen 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Mayor and City Cou CC: Jim Dickinson, City FROM: Michelle Hartner, Da SUBJECT: Approve 2013 Tobacco Licenses DATE: December 4, 2012 INTRODUCTION Tobacco licenses expire on December 31, 2012. DISCUSSION The following have applied for renewal of their license and paid the appropriate fees: Andover Liquor — 3121-161' Avenue Bill's Superette —14041 Round Lake Boulevard Croix Convenience —13650 Hanson Boulevard CVS — 3633 Bunker Lake Boulevard G -Will Liquors —13973 Round Lake Boulevard King's County Market —13735 Round Lake Boulevard Kwik Trip - 1756 Bunker Lake Boulevard Lakes Marathon —15246 Bluebird Street Lucky'sStation —13660 Crosstown Boulevard Northgate Liquors —13627 Quinn Street SuperAmerica — 13 727 Hanson Boulevard Walgreens — 2134 Bunker Lake Boulevard ACTION REQUIRED The City Council is requested to approve the above licenses for the period January 1, 2013 through December 31, 2013. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License applications C I T Y 0 NYD" 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 . WWW.AN DOVE RMN.GOV License To Sell Tobacco at Retail Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name 10 JWl� !/ R0 G)AL -- Phone Applicant's Address Business Name AN C)k - /6p� Phone 7 �� ` ,f �✓ �° — � � :� 121 1 l`!.'i�'. Business Address ANDO VER, „ Type of Business Conducted at Location F E / I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. V2� Signature of Applicant Date License To Sell Tobacco at Retail Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name 1aCant LJ Phone Applicant's AddressZ` Business Name ,,: �3i / /_S S «�°�^e Phone 763 - 5QZ Q5O Y Business Address /y��l ,QQU/� �q�� j� , /�fJODl�y /x/10 � Type of Business Conducted at Location AftW agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. Signature of Applicant Date License Fee: $250.00 License #: 4OLa - 003 x5 City Council Action: Approved Denied Date 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 s (763) 755 -5100 FAX (763) 755 -8923 . WWW.ANDOVERMN.GOV ANLb 6 V 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV License To Sell Tobacco at Retail Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name Q U> )'y ()IL CumPAn - .y Phone Applicant's Address 0. & x is - 5 7 L C -A Ctry >` (-)L C�ym Ppn �i Business Name (Nr r Cr ,vUr+Gc� &&i, Phone Business Address Q)j( ,S0 t 50- �L�o Gm l/0 Type of Business Conducted at Location (b(7k (--AS -.Al I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. Signature of Ap is nt [ 1 1,) � Date I C I T Y O F I OW ND 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV License To Sell Tobacco at Retail Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name G('C) 5-. Ail OJJ, Phone Applicant's Address ?IC, 0(b a; Business Name a Pk - ft -� 11 Phone 26 3 L/Z/- 0 Business Address Type of Business Conducted at Location I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. "x/j ill 21 Signatur f Applicant Date MA) ss�Z 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV License To Sell Tobacco at Retail Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name ( rlmt zj� z P 16�pr Phone Applicant's Address. _ 7 7 17 Business Name JL : G —LV, %l LL ;42L2=5 Phone 752— 1 ,2)—1 Business Address 13 f j�Z Type of Business Conducted at Location SQ�� L / a L�Jr St�r7° I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. Signature of Applicant /o//7 z- lz2 _ Date Denied C I T Y O F ®. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 . WWW.ANDOVERMN.GOV License To Sell Tobacco at Retail Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name go beki 1 ti'(0 Phone Applicant's Address Business Name 4 K6 s 0ouw!�!j (� PrR4 -,r= r Phone 7 & 3 - Li t2 7(o S Business Address LA ZL uo Type of Business Conducted at Location c- a_ r- % Ao -kL c I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. Lc) Zd Date C IT Y OF IL 07� OW 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV License To Sell Tobacco at Retail Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name �� �� ld �2�f ee Phone _ Applicant's Address Business Name ��� ✓� #��z Phone Business Address /7sZ X uZ17 Type of Business Conducted at Location � ?7 e�Ice Sf� I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. , Signature of Ap icant Date License Fee: $250,00 License City Council Action: Approved Denied Date C I T Y0 F ® A 1' -4. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV License To Sell Tobacco at Retail Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name �,�„>„� 01N leta'S Phone e Applicant's Address Business Name /.4✓'�s�.a2�Tha rJ ,✓Dori�2 Phone 76 3- y/.3 -P,9 Business Address �,. / Type of Business Conducted at Location ('- S , — o,esf I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. Signature of Applicant Date License To Sell Tobacco at Retail Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name Sc o, - V Srt nS Phone Applicant's Address Business Name �-WC IC�t� S S rc� o (\ Phone — 7(, 2 3 j5 yt i I Business Address 1 3�j�b Cross+owr - B(vl Nw A&)Aoo hN ` Type of Business Conducted at Location Ctgso\'%r\ e Cw o en' e.n P 9 -or S 0 I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my. license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. X Sig natur of pplicant N oVem be\- 7 2ot Date 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 . WWW.ANDOVERMN.GOV 1 = 1685 CROSSTOWN BOULEVARD N.W. o ANDOVER, MINNESOTA 55304 ® (763) 755 -5100 FAX (763) 755 -8923 . INWW.ANDOVERMN.GOV License To Sell Tobacco at Retail Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name b Ck�,Y10u, CLn Phone Applicant's Address v Business Name Business Address aA' w Xl ylc* Type of Business Conducted at Location UA�'.�UnQ,�i� I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. Signature of Applicant Date License Fee: $250.00 License #: / 11.' - -43 City Council Action: Approved Denied Date 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 + WWW.ANDOVERMN.GOV License To Sell Tobacco at Retail Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name , (�/� (/ &",d 2 Phone ,i Applicant's Address Business Name Business Addre: Type of Business Conducted at Location d - I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. Sign u 1( Date License Fee: $250.00 License #: o o la — Ob 3' 3 City Council Action: Approved Denied Date 10/30/2012 08:37 7637550923 C_:ITV OF ANDOVER PAGE 03/04 f Al OCT ®REC'0 41 c z T X 0 r NIA ®V-P 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 + (763) 755 -5100 FAX (763) 755 -8923 • WWW,ANDOVCRMN,GOV ,License To Sell Tobacco at Retail Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's G _ Phone Applicants Addres�s O ,&OX 90 G0f� iS Business Name (it/fJLG' rJS b 20 78 Phone 76 3 7S G zlb Business Address �/S ����R �,qk� z a �N oy�X AW 553o`l Type of Business Conducted at Location /L De 6-S E lb I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. OCT 3 0 2012 Signature of plic nt Date � 9yy �o9�,q� �}CT 3 ®Z012 AN66V9 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council V CC: Jim Dickinson, City FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Joint Powers Agreement/Anoka County /Election Voting Equipment. DATE: December 4, 2012 INTRODUCTION The City Council is requested to approve the Joint Powers Agreement with Anoka County for the conducting of elections and the purchase and maintenance of voting equipment. DISCUSSION The Joint Powers Agreement is between Anoka County and Municipalities, Townships, and School Districts within Anoka County to allocate costs for election expenses in particular the purchase and maintenance of new voting equipment. The current voting equipment is outdated and the time has come to replace the system. The Anoka County Voting Equipment Task Force comprised of city and school administrators and board members met twice in 2012 to review discuss and adjust the plan. The Task Force is now ready to propose its adoption. Councilmember Trude represented the City of Andover on the Task Force. City staff has reviewed the JPA and approves the JPA tenninology, but is working with Anoka County Elections on Section 18, addresses for Anoka County Administrator and Election Manager to be inserted and page 10 to show a city specific on the signature page. ACTION REQUIRED The City Council is requested to approve the attached Joint Powers Agreement with Anoka County, and authorize the City Administrator and City Attorney to approve any minor non - substantive changes that may occur through the approval process of the other govermnental entities. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: JPA ANOKA COUNTY ELECTIONS AND VOTER REGISTRATION 325 East Main Street Anoka MN 55303 (763) 323 -5275 (763) 422 -7526 (fax) elections@co.anoka.mn.us MEMORANDUM TO: Anoka County Management Committee FROM: Cindy Reichert, Anoka County Elections Manager SUBJECT: Joint Powers Agreement for Conduct of Elections DATE: November 13, 2012 A voting equipment system is comprised of many components that work together to define ballots, cast and count votes, report, transmit, and display election results, and produce election audit information. The system includes ballot counters, ballot boxes, ADA compliant ballot markers, various software and hardware programs, servers, modems, and other ancillary system components. The system currently in use in all precincts of Anoka County is the "Accuvote Precinct Optical Scan System" purchased in 2000 from Global Election Systems. That purchase was based on a shared ownership model and required each city in Anoka County to purchase ballot counters and ballot boxes for use in the city voting precincts. The County also purchased several ballot counters to use as back -ups should any of the city -owned equipment need replacement, and has since purchased several reconditioned ballot counters to ensure successful operation of elections through calendar year 2012. The county has continually maintained responsibility for components used county -wide, like system software, servers, and modems. The time has come to replace the system. The equipment and its software run in a DOS platform that is no longer supported, and new units and parts are no longer available in the marketplace. The most unstable component is our system server which also operates on a DOS platform. That server cannot be replaced and the software that drives the system will not run in a more modern environment. It is imperative that the entire voting equipment system be replaced at the earliest opportunity. Anoka County has been working toward a complete system replacement scheduled for early 2013. Our staff has collaborated with Election Managers of several other MN Counties, and with the Office of the Secretary of State to determine our needs and options. We've also procured grant funds issued through the Help America Vote Act to partially offset the cost of the replacement. Changes in election law, technology and equipment certification standards have affected not only the technology we use, but the business model of system vendors. As a result, costs have risen considerably. Our planning has required us to consider many factors and we've worked to engage our partner cities and school districts in discussion. The result is a proposal to enter into a Joint Powers Agreement which addresses not only the equipment purchase itself, but also establishes a model for delivery of election services within our county. Process for Proposal Development In 2010 County election staff organized the "ACE Work Group" comprised of city and school district election administrators. Together we performed a systematic examination of the processes, responsibilities and obligations of each party to Anoka County's election system. We looked at administrative and technical processes, discussed how election services could be delivered in the most logical and cost - effective way, and implemented organizational and procedural improvements in our precincts and respective offices. Throughout the study and planning process the following basic premises were considered by our participants: • The electoral process is the bedrock of democracy and must be administered with the utmost level of professionalism and integrity • Government should provide necessary services in an efficient and effective manner at the lowest possible cost • Solutions developed must ease administrative burden and control the cost of services • The division of duties between county and local governmental units must be logical and effective • System security and legal defensibility must be maintained • Cost - sharing models to support the voting system must be equitable for all parties We also developed a cost sharing proposal for the next equipment purchase that goes beyond the initial capital purchase and provides on -going support to ensure the future integrity of the system. Following development of the ACE Work Group proposal, the "Anoka County Voting Equipment Task Force" was convened. This group, comprised of city and school administrators and board members, has met twice in 2012 to review, discuss, and adjust the plan. We are now ready to propose its adoption. Proposed Multi- Jurisdiction Election Agreement The ACE Workgroup and Anoka County Voting Equipment Task Force are recommending adoption of an agreement between election jurisdictions in Anoka County that establishes Anoka County as the sole owner of the voting equipment system and calls for an annual fee to be paid to the county by cities and school districts to supplement system costs. The model used for our last system purchase separated ownership of the system into various pieces and parts, and did not address issues related to the system as a whole such as maintenance, required software and hardware upgrades, and replacement of non - functioning units. Establishing Anoka County as sole owner allows us to more effectively manage the vendor contracts and administrative tasks that apply county -wide. Rather than transferring ownership of individual components to our cities and schools, the county would collect a fee to supplement system costs. The proposed fee will be based on actual (and defined) capital and operating costs of the voting equipment system with cities paying 30% of the total cost and schools paying 15 %, leaving the county with responsibility for 55% of the total cost. Within those percentages, the cost to each individual city and school district will be based upon their population at the time of the 2010 census. We are also recommending that the agreement include provisions to address other election duties and responsibilities. Statutes require the Office of the Secretary of State to develop a cost sharing plan for jurisdictions that share the same ballot. That plan allows cities to invoice school districts according to a complex formula for services that are not well defined. Jurisdictions can choose to use either the OSS cost sharing plan or share costs according to a negotiated agreement, as long as that agreement addresses all expenses included in the OSS plan. Our recommendation is to include language in our agreement that addresses each election duty spelled out in the OSS cost sharing plan. Both cities and schools would contribute their share to the county -wide system via the annual fee outlined above. The contribution of 15% of the total cost of the election system from schools effectively reduces the amount cities would be responsible for from 45% to 30 %. In turn, cities would be prohibited from invoicing the schools for the "other election costs" specified in the agreement. This formula recognizes each party's statutory obligation to share costs, simplifies the fee structure, eliminates the flurry of potentially disparate invoices, and allows all parties to plan for a relatively stable budget expenditure each year. 2013 Voting Equipment Purchase Instability in the marketplace has led to a crisis in development and manufacturing of voting equipment in the United States. New laws were put into place with the adoption of the Help America Vote Act and a new federal agency, the Election Assistance Commission (EAC), was created to oversee voting equipment certification and distribution of federal grants for voting equipment replacement. That agency proved ineffectual and certification of equipment was at a near stand -still for several years. In the meantime, a series of corporate acquisitions left just a handful of vendors in business, seriously reducing competition. As a result, Minnesota (which requires all voting equipment to meet federal certification standards) has not certified "next generation" voting equipment. We are currently in a certification application blackout time period that will lift on December 1, 2012. We expect to see applications to our state from at least two voting equipment manufacturers in December. Once our choices have been established we must act quickly to make the purchase so that our new system can be fully operational in time for the fall 2013 local elections. Deployment of the system for 2013 local elections is highly desirable so that election administrators, poll workers, and voters can become familiar with the system well in advance of the State General Election of 2014. Purchase and Agreement Approval Timeline Timing of the certification and subsequent equipment purchase affects our agreement approval timeline. Though our cities and schools have expressed agreement in concept, specific system costs will not be known until early 2013. In the meantime, detailed estimates have been prepared and forwarded to each city and school district in Anoka County to include in their 2013 budget. Members of the Anoka County Board of Commissioners have been consulted throughout the process and are supportive of the efforts and recommendation made by the Work Group and Task Force. The County budget has also been structured to incorporate all elements of the equipment purchase and cost - sharing proposal. The Anoka County Elections Manager is scheduled to attend several city /school meetings and work sessions to answer questions and address concerns during the months of November and December. 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G rs� W O r << L7 .- q M of Q O O (fi << N h � (V O ? r r O O- p O a � y r M W W N g W Q W M q W Q 0 W M M W Q O C q G) W W W q r O O Mi L7 O 0 N Q M W M r Q O Q U N N r O N< Q O M N N C r- rMQOM h O N O L6 ;i co 6L7r O � N G o ° N V d N d N N y D p. C d > Y Y'U � O O >t6 NC mE L>J OdOv dam >a ° d 0 od E w� o33sE LL V Q Q m Moo U 0 0 W LL M S J J_ l Z 0 m (n co O O O O N d Or Q L747 W rfOM Ol d M W W Q M M M O N r N LL N O M W< r N N r r N p i N C H 3 } N G) fA EA GJ 69 64 W EA ER V) C t0 W N O N M M N O O C O t0r W Og N N O W O O ry t M O r Q W O< O Q 0 Q C O O a a W v O N �t + M < N O Q r M V! c r N< M N ° o ° N C C r rmW � ~ y 0 N_ N_ N_ N y N N y LJ � � O � 0 0 0 0❑ Q Q W O M m 0 rl O M LO U (0 U d d LL Anoka County Contract No. 2012 - JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY AND THE MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY TO ALLOCATE COSTS FOR ELECTION EXPENSES This is a joint Powers Agreement ( "JPA ") between the County of Anoka ( "County ") and THE MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS IN ANOKA COUNTY ( "Governmental Entities ") entered into pursuant to Minn. Stat. § 471.59, for the purchase, maintenance and use of election equipment, including conducting elections, by the County on behalf of the County and the Governmental Entities. Section 1 Term 1. This JPA shall be in effect for a four year term, beginning January 1, 2013 until December 31, 2016, subject to automatic renewal on January 1 of each subsequent calendar year beginning January 1, 2017. Section 2 Contract Termination 2. During the initial four year term, this JPA may only be terminated by written agreement of the County with the effected Governmental Entity.. Beginning January 1, 2017, a Governmental Entity's participation in this agreement may be terminated by that Governmental Entity providing written notice to the remaining parties no later than June 1 of any year, effective on January 1 of the following year. Upon termination of the agreement, all right title and interest in any election equipment purchased by the County under the terms of this agreement for use by the Governmental Entity shall remain with the County. Any Governmental Entity withdrawing from this agreement assumes all costs, responsibilities and liabilities related to the purchase, maintenance and use of voting equipment in the conduct of elections in that jurisdiction. Any amounts of the Governmental Entity's share of the of the initial cost of procurement of the Voting Equipment System and their proportional share of any other costs incurred by the County on their behalf that remain unpaid as of the date of termination shall become immediately due and payable by the Governmental Entity to the County. Section 3 Voting Equipment System Definition 3. For purposes of this agreement, the Anoka County Voting Equipment System means a system in which the voter records votes by means of marking a ballot, so that votes may be counted by automatic tabulating equipment in the polling place where the ballot is cast or at a counting center. An electronic voting system includes automatic tabulating equipment; non - electronic ballot markers; electronic ballot markers, including electronic ballot display, audio ballot reader, and devices by which the voter will register the voter's voting intent; software used to program automatic tabulators and layout ballots; computer programs used to accumulate precinct results; ballots; system documentation; and system testing as well as software used to manage the Page 1 of 11 assignment, deployment, chain of custody, and associated logistical operations of said equipment in Anoka County. Section 4 Applicability 4. This agreement, and the use of the Voting Equipment System defined herein, between the County and the Governmental Entities is applicable for any election at which offices or questions for the following categories are voted on: Category A: Federal Offices State Offices or Constitutional Amendments Judicial Offices County Offices or Ballot Questions Soil and Water District Offices or Ballot Questions Category B: Municipal (Township) Offices or Ballot Questions Category C: School District Offices or Ballot Questions Category D: Hospital District Offices or Ballot Questions Section 5 County Responsibilities 5. Except as otherwise provided in this contract or required by statute or state or federal rule, the County shall be responsible for preparing the specifications for the purchase and maintenance of the Voting Equipment System as defined herein and for the purchase and maintenance of the system, including making all payments and expenditures for capital and on -going operating costs related to the voting equipment system. In addition, for all Category A, B, C and D Elections, Anoka County shall: 5.1. Perform voting equipment system programming including ballots, ballot counters, ballot markers, and other components of the voting equipment system used to mark, count, record or report election returns and statistics. 5.2. Perform programming and testing of the State Election Reporting System interface, subject to policies of the State. 5.3. Program and develop a voting equipment testing plan for each election according to statutory requirements. 5.4. Provide ballot design and layout services, and arrange for the printing of ballots to be used in the elections. Section 6 Governmental Entities' Responsibilities 6. Except as otherwise provided in this contract, each individual Governmental Entity shall be responsible for and shall perform all duties and assume all costs associated with the production of test decks, and conduct of pre - election and post - election tests and audits of Page 2 of 11 precinct voting equipment for each election and shall utilize county provided software, as determined necessary by the County, to track the testing, assignment, deployment, chain of custody, and associated logistical operations of said equipment in Anoka County, as follows: 6.1. When Category A and /or B or D offices or questions appear on the ballot: 6.1.1. The municipality shall be responsible for and assume all costs associated with the production of test decks, and conduct of pre - election and post - election tests and audits of precinct voting equipment for all elections which include a Category A and /or B or D office or question. 6.1.2. The municipality shall assume all costs required to arrange for the use of polling places in the manner required by the Minnesota election law, for ensuring the physical set up of rooms and furnishings are conducive to the voting process, and for ensuring that all necessary equipment and supplies are delivered to the polling place for use on Election Day. 6.1.3. The municipality shall assume all costs related to picking up ballots, supplies and equipment from the Anoka County Elections and Voter Registration Office in Anoka and other storage locations that may be arranged from time to time, and transporting them to and from the polling place. 6.1.4. The municipality shall assume all costs related to issuing, receiving and processing absentee ballots cast by in- person absentee voters in that municipality including procurement and preparation of physical spaces, equipment, and staff needed to administer the process, and costs for delivery of voted ballots to the Anoka County Central Count Absentee Precinct. 6.1.5. The municipality shall assume all costs related to recruiting, hiring, and paying Election Judges for all hours served including, training, testing, election day assignments, and any other work assignments associated with the election. 6.2. When only Category C offices or questions appear on the ballot: 6.2.1. The School District shall be responsible and shall assume all costs associated with the production of test decks, and conduct of pre - election and post - election tests and audits of precinct voting equipment for all elections which include only Category C offices or questions. 6.2.2. The school district shall assume all costs required to arrange for the use of polling places in the manner required by law, for ensuring the physical set up of rooms and furnishings are conducive to the voting process, and for ensuring that all necessary equipment and supplies are delivered to the polling place for use on Election Day. 6.2.3. The school district shall assume all costs related to picking up ballots, supplies and equipment from the Anoka County Elections and Voter Registration Office in Anoka and other storage locations that may be arranged from time to time, and transporting them to and from the polling place. Page 3 of 11 6.2.4. The school district shall assume all costs related to issuing, receiving and processing absentee ballots cast by in- person absentee voters in the school district including procurement and preparation of physical spaces, equipment, and staff needed to administer the process, and costs for delivery of voted ballots to the Anoka County Central Count Absentee Precinct. 6.2.5. The school district shall assume all costs related to recruiting, hiring, and paying Election Judges for all hours served including, training, testing, election day assignments, and any other work assignments associated with the election. Section 7 Allocation of Election Expenses 7. Except as already specifically provided for herein, the Voting Equipment System procurement, maintenance and support cost shall be divided between the county, its municipalities, and school districts as follows: 7.1. The County shall incur 55% of the actual cost of procurement, operation and maintenance of the system over the duration of this contract. 7.2. Municipalities located wholly or in part in Anoka County shall, collectively, incur 30% of the actual cost of procurement, operation and maintenance of the system over the duration of this contract. 7.3. School Districts located wholly or in part in Anoka County shall incur 15% of the actual cost of procurement, operation and maintenance of the system over the duration of this contract. 7.4. Anoka County shall make all payments and expenditures for capital and on- going operating and maintenance costs related to the system throughout the duration of this contract. 7.5. The annual fee for each jurisdiction shall be established as follows: 7.5.1. Each individual municipality shall pay a fee equal to that percentage of the total Anoka County population residing in that municipality at the time of the 2010 census multiplied by the municipal share (30 %) of the actual cost of procurement (prorated over ten annual installments), plus the actual cost of operation and maintenance of the system, as solely determined by the County, calculated annually throughout the duration of the contract 7.5.2. Each individual school district shall pay a fee equal to that percentage of the total Anoka County population residing in that school district at the time of the 2010 census multiplied by the school district share (15 %) of the actual cost of procurement (prorated over ten annual installments), plus the actual cost of operation and maintenance of the system, as solely determined by the County, calculated annually throughout the duration of the contract. Page 4 of 11 7.5.3. Each Governmental Entity shall be invoiced annually on June 1 for each calendar year of the agreement for the above referenced fees. Said fees shall be due and payable within thirty (30) calendar days of invoicing. 7.5.4. The Governmental Entities hereby agree that they will not reallocate any of the costs incurred herein. 7.6. For each governmental entity, the County shall determine that proportion of the ballot devoted to offices and questions for that entity as a percentage of the total number of column inches on the ballot, and provide an invoice to the governmental entity for that share of the cost of ballot printing, paper and normal delivery charges. 7.7. The County shall pay the cost of postage for all domestic mailed absentee ballots cast in the county and absentee ballots cast under the Uniformed Overseas Citizens Absentee Voting Act (UOCAVA) except those absentee postage costs incurred by Municipalities designated to administer absentee voting laws under M.S. 203B.05. Section 8 Documentation of Election Expenses 8. Documentation of actual expenditures as required by the County is required for the allocation of election expenses pursuant to this agreement. Invoices or billing statements are acceptable documentation for goods or services purchased for vendors. Section 9 Ownership 9. The Governmental Entities acknowledge that the County owns the Voting Equipment System and that the Governmental Entities are authorized to use said Voting Equipment System for official election related purposes. Use of the Voting Equipment System by the Governmental Entities for any other purpose is strictly prohibited absent express written consent of the County. The Governmental Entities hereby acknowledge and agree that the Voting Equipment System may contain proprietary and trade secret information that is owned by a third party and is protected under federal copyright law or other laws, rules, regulations and decisions. The Governmental Entities shall protect and maintain the proprietary and trade secret status of the Voting Equipment System in their possession. Section 10 Handling Of Equipment and Insurance 10. Each municipality shall be responsible for storage of elections equipment assigned by the county to that municipality. Municipalities shall make all necessary elections equipment in its possession available to other entities as directed by the county. Each Governmental Entity acknowledges that it shall be responsible for the Voting Equipment System while it is in the Governmental Entity's custody. Each Governmental Entity, either through insurance or a self- insurance program, shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and /or replacement of the Voting Equipment System while it's in the Page 5 of 11 Governmental Entity's custody and this contract is in effect unless such costs, fees, damages and expenses are then currently covered under a manufacturer warranty covering said equipment. The Governmental Entities shall be responsible for, provide coverage for and shall provide proof of general liability and worker's compensating insurance (Hold Harmless Agreement) for all individuals providing services required by this contract. In addition to the foregoing, the Governmental Entities shall, during the term of this contract, maintain, through commercially available insurance or on a self- insured basis, property insurance coverage on all of the voting systems used or intended for use in this agreement to cover all repairs or replacement of the voting equipment if damaged or stolen. The Governmental Entities are responsible for any deductible under their policy. Section 11 Independent Contractor 11. It is agreed that nothing in this contract is intended or should be construed as creating the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting the County or the Governmental Entities as the employee of the other entity for any purpose or in any manner whatsoever. The County is an independent contractor and neither it, its employees, agents, nor its representatives are employees of the Governmental Entities. From any amounts due the County, there shall be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any other purposes which are associated with an employer - employee relationship unless required by law. Section 12 Data Practices 12, All data created, collected, received, maintained, or disseminated for any purpose in the course of this contract is governed by the Minnesota Government Data Practices Act, any other applicable statute, or any rules adopted to implement the Act or statute, as well as federal statutes and regulations on data privacy. Section 13 No Waiver 13. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. Section 14 Governing Law 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Page 6 of 11 Section 15 Entire Agreement 15. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof and hereby rescinds and replace all prior Agreements with the respective Governmental Entities with this Agreement. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. Section 16 No Assignment 16. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. Section 17 No Warranty 17. The Governmental Entities agree that the County is furnishing the Voting Equipment System on an "as is" basis, without representation or any express or implied warranties, other than those provided by any maintenance agreement entered into by the County for the maintenance of the Voting Equipment System, including but not limited to, fitness for particular purpose, merchantability or the accuracy and completeness of the Voting Equipment System. The Governmental Entity's exclusive remedy and the County's sole liability for any substantial defect which impairs the use of the Voting Equipment System for the purposes stated herein shall be the right to terminate this agreement. The County does not warrant that the Election Voting Equipment System will be error free. The County disclaims any other warranties, express or implied, respecting this agreement or the Voting Equipment System. In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. Except as otherwise specifically provided for in this agreement, County and the Governmental Entities agree each will be responsible for their own acts and omissions under this Agreement and the results thereof and shall to the extent authorized by law defend, indemnify and hold harmless the other party for such acts. Each party shall not be responsible for the acts, errors or omissions of any other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. Nothing in this Agreement Page 7 of 11 constitutes a waiver by the Governmental Entities or County of any statutory or common law defenses, immunities, or limits on liability. Section 18 Notice 18. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the Governmental Entity: To the person and address designated by each Governmental Entity in writing. To the County: Anoka County Administrator ADDRESS Copy to: Anoka County Elections Manager ADDRESS Section 19 Audit Provision 19. Both parties agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. Section 20 Survival of Provisions 20. It is expressly understood and agreed that the obligations and warranties of the Governmental Entity and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. Section 21 Authority 21. The person or persons executing this Joint Powers Agreement on behalf of the Governmental Entity and County represent that they are duly authorized to execute this Joint Powers Agreement on behalf of the Governmental Entity and the County and represent and warrant that this Joint Powers Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. (Rest of page left intentionally blank) Page 8 of 11 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands. COUNTY OF ANOKA Rhonda Sivarajah, Chair, Anoka County Board of Commissioners Dated: 0 Jerry Soma, Anoka County Administrator Dated: APPROVED AS TO FORM: By: Thomas Haluska Assistant Anoka County Attorney Dated: Page 9 of 11 CITY OF * ** By: * * * *, Its Mayor Dated: By: * * *, Its City Clerk Dated: Page 10 of 11 * ** SCHOOL DISTRICT * ** By: * * * *, Its Superintendent Dated: By: * ** Its * ** Dated: I: \atty \CIVATTY \TOM \CONTRACT \Elections \Elections Equipment FINAL- 11- 19-12.Cocx Page 11 of 11 ZAI 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 Administrat FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Consider Approval of Premises Permit/Tanners Station/Andover Football Association, Inc. DATE: December 4, 2012 INTRODUCTION The Andover Football Association, Inc. has submitted a lease for lawful gambling activity. DISCUSSION The Andover Football Association is proposing to operate lawful gambling at Tanners Station, 13655 Martin Street NW. A previous premises permit for Tanners Station was approved for Andover Huskies Youth Hockey Association. As of November 13, 2012 Tanners Station gave a 30 day notice of termination to Andover Huskies Youth Hockey Association. The rent to be paid to Tanners Station by Andover Football will be 10% of the gross profits per month. Attached is a copy of the Lease for Lawful Gambling Activity and a resolution approving the premises permit. ACTION REQUIRED Council is requested to consider approval of the premises permit for the Andover Football Association, Inc. to conduct lawful gambling at Tanners Station beginning January 1, 2013. Respectfully submitted, LN if CW� Michelle Hartner Deputy City Clerk Attach: Lease for Lawful Gambling Activity Resolution MINNESOTA LAWFUL GAMBLING LG214 Premises Permit Application 7/12 Page 1 of 2 Annual Fee $150 Required Attachments to LG214 1. If the premises is leased, attach a copy of your lease. Mail the application and required attachments to: Use LG215 Lease for Lawful Gambling Activity. Gambling Control Board 2. $150 annual premises permit fee, for each permit. 1711 West County Road B, Suite 300 South Make check payable to "State of Minnesota." Roseville, MN 55113 Questions? Call 651- 639 -4000 and ask for Licensing. Organization Information c *�^ 1. Organization name A►\C1DUe A r 00 (kI� �SSQ(, ,�nG License number �J�PIOSS 2. Chief executive officer (CEO) Ad7C{eL .?. T r1600 Daytime phone 7 � 3'75"3 - Y 9 74 P 3. Gambling manager W 1 LLI Q PA t -fJiz! me Daytime phone 7(03'35"0 -19 Gambling Premises Information 4. Current name of site where gambling will be conducted - To-n ne,f - s S T it y 5. List any previous names for this location 6. Street address where premises is located Andoue Nwn 55 Do not use a P.O. box number or mailing address. 7. City OR Township County Zip code vidoU2v' — Anovoc 30 1 8. Does your organization own the building where the gambling will be conducted? Yes X No If no, attach LG215 Lease for Lawful Gambling Activity. A lease is not required if only a raffle will be conducted. 9. Is any other organization conducting gambling at this site? X Yes No —Don't know 10. Has your organization previously conducted gambling at this site? Yes X No _ Don't know Gambling Bank Account Information. Must be in Minnesota. 11. Bank name Bank account niimhpr S o v\ 12. Bank stre eet address City State Zip code [7 Ur1V -0-C Lave &A- W t4&) dove( MN 5930t4 All Temporary and Permanent Off -site Storage Spaces 13. Address (Do not use a P.O. box number City State ivgC Stag@ Pe�mar,er� dF$ si }e sct9� Zip code 13(O* kk q 440,,6,1 131vCt , Ajw +��.doveVr MN �S3ot! 14. Address (Do not use a P.O. box number) City State TewyofCt" f)+Cw be Zip code MN I(Vf (H Paven Sb. NU.) 55304 LG214 Premises Permit Application 7/12 Page 2 of 2 Acknowledgment by Local Unit of Government: Approval by Resolution CITY APPROVAL Ioralumtgfgevement� COUNTY APPROVAL `mgs_tsign' for a gambling premises _ for a gambling premises located within city limits located in a township City name County name Date approved by city council Date approved by county board Resolution number Resolution number Signature of city personnel Signature of county personnel Title Date signed Title Date signed TOWNSHIP NAME Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. [A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.1 Print township name Signature of township officer Title Date Acknowledgment and Oath 1. I hereby consent that local law enforcement officers, 5. I am the chief executive officer of the organization. the Board or its agents, and the commissioners of 6. I assume full responsibility for the fair and lawful revenue or public safety and their agents may enter operation of all activities to be conducted. and inspect the premises. 7. I will familiarize myself with the laws of Minnesota 2. The Board and its agents, and the commissioners governing lawful gambling and rules of the Board and of revenue and public safety and their agents are agree, if licensed, to abide by those laws and rules, authorized to inspect the bank records of the including amendments to them, gambling account whenever necessary to fulfill 8. Any changes in application information will be submitted requirements of current gambling rules and law. to the Board no later than 10 days after the change has 3. I have read this application and all information taken effect. submitted to the Board is true, accurate, and 9. I understand that failure to provide required information complete. or providing false or misleading information may result 4. All required information has been fully disclosed. in the denial or revocation of the license. 0&",�dz d lwwi21 %l - & l d--- Signature of Chief Exe09VI Officer (designee may not sign) Date Print name M 1 cl Ci2L Jt)kvvSDr1 Data privacy notice: The information requested on this Board. All other information provided will be Safety; Attorney General; Commissioners form (and any attachments) will be used by the Gambling private data about your organization until of Administration, Minnesota Management Control Board (Board) to determine your organization's the Board issues the permit. When the & Budget, and Revenue; Legislative qualifications to be involved in lawful gambling activities in Board issues the permit, all information Auditor, national and international gam - Minnesota. Your organization has the right to refuse to provided will become public. If the Board bling regulatory agencies; anyone pursuant supply the information; however, if your organization does not issue a permit, all information to court order; other individuals and refuses to supply this information, the Board may not be provided remains private, with the excep- agencies specifically authorized by state able to determine your organization's qualifications and, tion of your organization's name and or federal law to have access to the as a consequence, may refuse to issue a permit. If your address which will remain public. information; individuals and agencies for organization supplies the information requested, the Board Private data about your organization are which law or legal order authorizes a new will be able to process your organization's application. available to: Board members, Board staff use or sharing of information after this Your organization's name and address will be public infor- whose work requires access to the infor- notice was given; and anyone with your mation when received by the mation; Minnesota's Department of Public written consent. This form will be made available in alternative format, i.e. large print, Braille, upon request. MINNESOTA LAWFUL GAMBLING LG215 Lease for Lawful Gambling Activity Revised 11/12 Page 1 of 2 Organization �Y1C, n (' f000 3 soc. Address I1n85 o ivr� blUd �/ 440:e License /site number 3��55 /003 Daytime phone 733-5 lop Name of leased premises Street address City n State Zip Daytime phone er �Eakl 13&915 /Y1ar�Pn - •ULo �Ar)d0 t/e_r2 MN a; 71037(v7 - / Scb fyaJne of legal ow hR mot3D W Business /street address l 13&b M ir 0 69. WV City �ftC�OUPIC State 01rn Zip 5530 Daytime phone 7 � 7/vxl Name of lessor [if same as legal owner, write in "SAME" — _ -- Check applicable item: © 1. New lease. Do not submit existing lease with amended changes. Date that the changes will be effective. Submit changes at least 10 days before the effective date of the change. 2. New owner. Effective date Submit new lease within 10 days after new lessor assumes ownership. Check all activity that will be conducted (No lease required for raffles) , ® Pull -tabs [paper] a Electronic pull -tabs [must also sell paper pull -tabs] F -1 Pull-tabs [paper] with dispensing device ❑ Linked electronic bingo Electronic games may only be conducted at: ® Bar bingo ❑ Bingo (1) a premises licensed for the on -sale or off -sale of intoxicating liquor or 3.2 percent Tipboards malt beverages (but does not include a general food store or drug store permitted to sell alcoholic beverages under Minn. Stat. 340A.405, subdivision 11; or © Paddlewheel ❑ Paddlewheel with table (2) a premises where bingo is conducted as the primary business and has a seating capacity at least 100. of PULL -TAB, TIPBOARD, AND PADDLEWHEEL RENT Separate rent for booth and bar ops. BOOTH OPERATION - Some or all sales of gambling equipment are conducted by an employee /volunteer of a licensed organization at the leased premises. ALL GAMES, including electronic games - Monthly rent to be paid, 1-0- not to exceed 10% of gross profits for that month. • Total rent paid from all organizations for only booth operations at the leased premises may not exceed $1,750. • The rent cap does not include BAR OPERATION rent for electronic games conducted by the lessor. BAR OPERATION _L All sales of gambling equipment conducted by the lessor or lessor's employee. ELECTRONIC GAMES - Monthly rent to be paid, %, not to exceed 15% of the gross profits for that month from electronic pull -tab games and electronic linked bingo games. ALL OTHER GAMES - Monthly rent to be paid,_ %, not to exceed 20% of gross profits from all other forms of lawful gambling. e If any booth sales conducted by a licensed organization at the premises rent may not exceed 10% of gross profits for that month and is subject to booth operation $1750 cap. BINGO RENT for leased premises where bingo is the primary business conducted, such as bingo hall. Bingo rent is limited to one of the following: • Rent to be paid, f %, not to exceed 10% of the monthly gross profit from all lawful gambling activities held during bingo occasions, excluding bar bingo. -OR - • Rate to be paid $ per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling Control Board. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. • Rent may not be paid for bar bingo. • Bar bingo does not include bingo games linked to other permitted premises. LEASE TERMINATION CLAUSE, Must b completed. The lease may be terminated by either party with a written 30 day notice. Other terms LG215 Lease for Lawful Gambling Activity Revised 11/12 Page 2 of 2 Lease Term - The term of this agreement will be concurrent with the Other Prohibitions - The lessor will not impose restrictions premises permit issued by the Gambling Control Board (Board). on the organization with respect to providers (distributor or Management - The owner of the premises or the lessor will not linked bingo game provider) of gambling - related equipment and services or in the use of net profits for lawful purposes. manage the conduct of lawful gambling at the premises. The organization may not conduct any activity on behalf of the lessor The lessor, the lessor's immediate family, any person residing in the same residence as the lessor, and any agents or on the leased premises. employees of the lessor will not require the organization to Participation as Players Prohibited - The lessor will not perform any action that would violate statute or rule. The participate directly or indirectly as a player in any lawful gambling lessor must not modify or terminate this lease in whole or in conducted on the premises. The lessor's immediate family and any part due to the lessor's violation of this provision. If there is agents or gambling employees of the lessor will not participate as a dispute as to whether a violation occurred, the lease will players in the conduct of lawful gambling on the premises, except remain in effect pending a final determination by the as authorized by Minnesota Statutes 349.181. Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of Illegal Gambling -The lessor is aware of the prohibition against this provision is alleged. The arbitrator shall be the CRG. illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violatinasan- innesota Rules 7865.0220, Subpart 3. Access to permitted premises - Consent is given to the In addition, the Board may authorize the organization to withhold Board and its agents, the commissioners of revenue and public rent for a period of up to 90 days if the Board determines that safety and their agents, and law enforcement personnel to illegal gambling occurred on the premises or that the lessor or its enter and inspect the permitted premises at any reasonable employees participated in the illegal gambling or knew of the time during the business hours of the lessor. The organization gambling and did not take prompt action to stop the gambling. has access to the premises during any time reasonable and Continued tenancy of the organization is authorized without payment when necessary for the conduct of lawful gambling. of rent during the time period determined by the Board for violations Lessor records -The lessor must maintain a record of all of this provision, as authorized by Minnesota Statutes 349.18, money received from the organization, and make the record Subdivision 1(a). available to the Board and its agents, and the commissioners To the best of the lessor's knowledge, the lessor affirms that any of revenue and public safety and their agents upon demand. and all games or devices located on the premises are not being used, The record must be maintained for 3 -1/2 years. and are not capable of being used, in a manner that violates the Rent all- inclusive - Amounts paid as rent by the organization prohibitions against illegal gambling in Minnesota Statutes 609.75, to the lessor are all- inclusive. No other services or expenses Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an provided or contracted by the lessor may be paid by the organization, including but not limited to: organization must continue making rent payments under the terms - trash removal - janitorial and cleaning services of this lease, if the organization or its agents are found to be solely - electricity, heat - other utilities or services responsible for any illegal gambling, conducted at this site, that is - snow removal - lawn services prohibited by Minnesota Rules 7861.0260, Subpart 1, item H or - storage - security, security monitoring Minnesota Statutes 609.75, unless the organization's agents - cost of any communication network or service required to responsible for the illegal gambling activity are also agents or conduct electronic pull -tabs games or electronic bingo employees of the lessor. - in the case of bar operations, cash shortages. The lessor must not modify or terminate the lease in whole or in Any other expenditures made by an organization that is related part because the organization reported, to a state or local law to a leased premises must be approved by the director of the enforcement authority or the Board, the conduct of illegal gambling Gambling Control Board. Rent payments may not be made to activity at this site in which the organization did not participate. an individual. Acknowledgment of Lease Terms I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. Other terms of the lease Si n essor Date lzr-p 11-2 Signature of organiz on officidl [lessee] at P name and ti le of le sor Prin am d title of lessee \ �in t t ' VVL , * \ M WiCtiQPPL z-02tM2PC 64mblvi ��ICC Questions? Contact the Licensing Section, Gambling Control Board, at 651- 639 -4000. This publication will be made available in alternative format (i.e. large print, Braille) upon request. Data privacy notice: The information requested on this form and any attachments will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Reset Form — P.rnt Form CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER FOOTBALL ASSOCIATION, INC. TO CONDUCT LAWFUL GAMBLING AT TANNERS STATION, 13655 MARTIN STREET NW, ANDOVER, MINNESOTA. WHEREAS, the Andover Football Association, Inc. has submitted an application to the City of Andover for a premises permit to operate lawful gambling at Tanners Station, 13655 Martin Street NW, Andover, Minnesota; and WHEREAS, per Minnesota Gambling Control requirements, a resolution must be adopted by the City Council approving said permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that a premises permit for lawful gambling conducted by the Andover Football Association Inc. is hereby approved. Adopted by the City Council of the City of Andover this 4 th day of December, 2012. CITY OF ANDOVER Attest: Michael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk • -� 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: Mayor and Council Members Jim Dickinson, City Administrator Approve Donations for 2013 Senior Class All Night Parties DATE: December 4, 2012 INTRODUCTION 15. (763) 755 -5100 The City is starting to receive requests from the Senior All Night Party Donation Committees for a City donation to help fund activities in support of a High School Senior All Night Party. DISCUSSION For the past five years the City Council approved donations of $2.00 per student who are graduating that are Andover residents to all requesting senior class parties. The question is whether or not the City Council wants to proceed with that direction again in 2013. The donation amount would be used to assist each association to hold the All Night Party, with funds being used for foods, events and other miscellaneous items that celebrate the accomplishments of the graduating senior class. The City Council, pursuant to the Public Purpose Expenditure Policy adopted by the Council provides for such a donation. The All Night Party's primary goal is to provide a safe atmosphere for graduating seniors by keeping them off the road and in a supervised environment. Parents coordinate and supervise the "party" and volunteer their time to the event. BUDGET IMPACT Funding for a donation is available through the City's Charitable Gambling Fund and donations are made based on available funding. Estimate of the total donation to all requesting schools in 2013 would be $1,200. ACTION REOUESTED Approve donations of $2.00 per student who are graduating that are Andover residents to all requesting kenior class parties in 2013. submitted, o n _ 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 FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve 2013 Contract /Timesaver Secretarial Service DATE: December 4, 2012 INTRODUCTION TimeSaver Secretarial has provided the city with an amended contract for minute taking in 2013. DISCUSSION The proposed contract reflects an increase of less than 2.25% from 2012 and extends the expiration date to December 31, 2013. TimeSaver has not increased rates since 2008. ACTION REQUIRED Council is requested to approve the 2013 contract with TimeSaver Secretarial Service. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: 2013 Contract ADDENDUM TO RECORDING SECRETARY SERVICE AGREEMENT Dated: December 31, 2012 By and between TimeSaver Off Site Secretarial, Inc. and the City of Andover, 1685 NW Crosstown Boulevard, Andover, MN 55304. EXTENSION OF RECORDING SECRETARIAL SERVICE AGREEMENT The term of the existing Recording Secretary Service Agreement dated December 31, 2011 shall be extended under the same terms and conditions to December 31, 2013. 2. TOSS Charges TOSS shall be paid for its services as recording secretary for each meeting (the highest rate will prevail), as follows: a. Base Rate of One Hundred Twenty -Nine and 00 /100 dollars ($129.00) for any meeting up to one (1) hour (billable time) plus Thirty -One and 95/100 dollars ($31.95) for each thirty (30) minutes following the first one (1) hours; or b. Twenty -seven and 50 /100 dollars ($27.50) per hour for length of meeting, and fifteen (15) minutes prior to Call to Order and fifteen (15) minutes following Adjournment with a one and one -half (1.5) hour minimum; and Twelve and 20/100 dollars ($12.20) for each page of minutes prepared from shorthand or machine notes of the recording secretary as draft minutes for submission to and the review and comment of the City of Andover for their preparation of final minutes. C. The City of Andover shall receive a Twenty and 00 /100 dollar ($20.00) per meeting discount for minutes transcribed via DVD or the webstream broadcast. At the end of the term of this Addendum or any extension of it, the parties may make a new Agreement or extend or modify the terms of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Addendum to the Recording Secretary Service Agreement as of the day and year indicated. January _, 2013 CITY OF ANDOVER :A Michelle Hartner Its Citv Clerk November 14, 2012 TIMESAVER OFF SITE SECRETARIAL, INC. By �VA Ac/t.� Carla Wirth Its President & CEO 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 City Council Jim Dickinson, City Administn Michelle Hartner, Deputy City Approve 2013 Private Kennel License December 4, 2012 INTRODUCTION Kennel licenses expire on December 31, 2012. DISCUSSION Rob -Lyn & Timothy Hiltz, 16541 Valley Drive NW has applied for renewal of their private kennel license and paid the appropriate fee. ACTION REQUIRED The City Council is requested to approve the private kennel license for the period of January 1, 2013 through December 31, 2013. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License application C I T Y �0 F ND ®1 .L 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV PRIVATE DOG KENNEL LICENSE APPLICATION CITY CODE TITLE 5, CHAPTER 1 Private (anyplace where more than three dogs are kept for private enjoyment and not for monetary gain, provided such animals are owned by the owner or the lessee of the premises on which they are kept) Name Address 0�/ Telephone Number 30 Email Address , Number of Dogs 9 Property Size l 0. 1 (U Ac, re --) Method of Waste Disposal 6 6 t—' c J(2 1 A L ) Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. Fee: New License $200.00 Renewal License $25.00 } Oia - ()b3'`1 C City Council Action F _ E co q I Cl) �I u� Q t �1 c�N p P , + i Ve h rle- 1 s. s Qty eD fJR J Apo L -7 z d 1 1 " M Q N ,So •�oE - ON 0 L �p Z z � d z 3 - � z 43 Z � C L �p Z 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administra r FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve 2013 Used Vehicle Sales Business License DATE: December 4, 2012 INTRODUCTION Used Vehicle Sales Business licenses expire on December 31, 2012. DISCUSSION The following have applied for renewal of their Used Vehicle Sales License and paid the appropriate fee. Andover Auto Care Inc. — 16191 Round Lake Boulevard NW ACTION REQUIRED The City Council is requested to approve the above licenses for the period January 1, 2013 through December 31, 2013. Respectfully j submitted, LM Michelle Hartner Deputy City Clerk Attach: License application 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Used Vehicle Sales Business License Application Required Documents: • Completed Application Form • Vehicle Sales License Fee: $105.00 • Copy of State Dealers License • Workers Compensation Form Person Applying Fo License: First Name p( Middle Name Last Name (J/ Home Address _ Home Phone 3usiness Phone Fax Email Address I (We) agree to operate such business in accordance with the laws of Minnesota and the ordinances of the City of Andover. Information in this application is classified as public data and will be provided to the public upon request. Licenses expire on December 31 of each year. Lack of payment of annual licensing fee shall be cause for revocation of license. Signature Date License Renewal Fee $105.00 License # City Council Action F O w z z ►j 0 F F M ^ , C w N J M ` W U a � o ^� O W V � W ca U J � a � A a s A z a a W A a I F M d v U 0 F A z a d m zA ao f� M y oW ;> g O z x N m Ll ��t T'd LL60- 22b -£9L a.aeo ognu Janopud y o a w O N m C N m Ll ��t T'd LL60- 22b -£9L a.aeo ognu Janopud • ,. 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 Resolution Approving Tax Abatements December 4, 2012 As part of the 2013 Budget development process the City continually reviews past debt issuances to determine if there are refinancing opportunities that could produce potential long term debt service savings. This agenda is part of a process for one such opportunity. At the November 20, 2012 City Council meeting a public hearing was held on proposed property tax abatements for a Community Center Project (draft minutes attached). The City proposed to use the abatement for purposes provided for in the Abatement Law, and in this particular situation for the City to acquire the Community Center from the Andover Economic Development Authority (EDA). The proposed term of the abatement will be for up to twenty years in an amount not to exceed $19,000,000. The abatement will apply to only the City's share of the property taxes derived from the property benefited by or in close proximity to the Andover YMCA/Community Center (this would include parcels within 3/4 of a mile). DISCUSSION Included on the December 4, 2012 City Council agenda Ehlers and Associates, the City's fiscal advisor, will be present at the meeting to present the bond sale bids for the issuance of $17,400,000 Taxable General Obligation Abatement Bonds, Series 2012C. The purpose of the bonds is to finance the acquisition of the Andover Community Center by advanced refunding the Andover Economic Development Authority's existing Lease Revenue Refunding Bonds, Series 2006 and 2007. To facilitate the revenue stream for the bond sale the City Council needs to approve a resolution approving tax abatements. A resolution is attached for the Council to approve to meet that requirement. Exhibit A of the resolution, which is the lengthy list of parcel numbers, is available for viewing at the City Clerk's office. BUDGET IMPACT Through the use of tax abatement, the City has the opportunity to save long term debt service expense. ACTION REQUESTED The City Council is requested to receive a brief presentation, discuss and ultimately approve the attached resolution approving tax abatements. . pectfully submitted, - Resolution EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: December 4, 2012 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Minnesota, was duly called and held at the City Hall in Andover, Minnesota, on Tuesday, December 4, 2012, at 7:00 p.m., for the purpose of approving tax abatements to assist in the financing of the acquisition of the community center from the Economic Development Authority for the City of Andover. The following members were present: and the following were absent: Member moved its adoption: introduced the following resolution and RESOLUTION NO. RESOLUTION APPROVING TAX ABATEMENTS BE IT RESOLVED by the City Council of the City of Andover, Minnesota (the "City "), as follows: WHEREAS, the City proposes to acquire the community center within the City (the "Project "). The City proposes to use the abatement for the purposes provided for in the Abatement Law (as hereinafter defined), including the Project. The proposed term of the abatement will be for up to twenty years in an amount not to exceed $19,000,000. The abatement will apply to the City's share of the property taxes (the "Abatement ") derived from the property described by property identification numbers on the attached "Exhibit A" (the "Property "); and WHEREAS, on November 20, 2012, the Council held a public hearing on the question of the Abatement, and said hearing was preceded by at least 10 days but not more than 30 days prior published notice thereof; and WHEREAS, the Abatement is authorized under Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law "). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: findings: Findings for the Abatement The City Council hereby makes the following 5o55ss6vi (a) The Council expects the benefits to the City of the Abatement to at least equal or exceed the costs to the City thereof. (b) Granting the Abatement is in the public interest because it will provide financing for a portion of the costs of the acquisition of community center located in the City. (c) The Property will not be located in a tax increment financing district for the period of time that the Abatement is in effect. (d) In any year, the total amount of property taxes abated by the City by this and other abatement resolutions, if any, does not exceed ten percent (10 %) of net tax capacity of the City for the taxes payable year to which the abatement applies or $200,000, whichever is greater. 2. Terms of Abatement The Abatement is hereby approved. The terms of the Abatement are as follows: (a) The Abatement shall be for up to a twenty (20) year period and shall apply to the taxes payable in the years 2013 through 2033, inclusive. (b) The City will abate the City's share of property tax amount which the City receives from the Property, cumulatively not to exceed $19,000,000. Member The motion for the adoption of the foregoing resolution was duly seconded by and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: (c) The Abatement shall be subject to all the terms and limitations of the Abatement Law. (d) Because the City anticipates issuing Taxable General Obligation Tax Abatement Bonds, the Abatement may not be modified or changed. 5055886v1 Adopted on December 4, 2012 by the City Council of Andover. Mayor Attest: Clerk 50558860 STATE OF MINNESOTA COUNTY OF ANOKA - - - I, the undersigned, being the duly qualified and acting City Clerk of the City of - - - - Andover, Anoka County, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the approval of property tax abatements. WITNESS my hand this day of December, 2012. Clerk sossas6vi DOVE^ 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: Discuss /Approve Bond Sale General Obligation Abatement Bonds, Series 2012C DATE: December 4, 2012 INTRODUCTION As part of the 2013 Budget development process the City continually reviews past debt issuances to determine if there are refinancing opportunities that could produce potential long term debt service savings. An opportunity exists, where the City through by advanced refunding the Andover Economic Development Authority's existing Lease Revenue Refunding Bonds, Series 2006 and 2007 long term debt service savings could be achieved. In response, at the November 20, 2012 City Council meeting, the Council approved a resolution calling for the sale of $17,400,000 Taxable General Obligation Abatement Bonds, Series 2012C. Ehlers and Associates, the City's fiscal advisor, will be present at the meeting to present the bond sale bids for the issuance of $17,400,000 Taxable General Obligation Abatement Bonds, Series 2012C. The purpose of the bonds is to finance the acquisition of the Andover Community Center by advanced refunding the Andover Economic Development Authority's existing Lease Revenue Refunding Bonds, Series 2006 and 2007. BUDGET IMPACT Through the use of tax abatement, there is an opportunity to save long term debt service expense. ACTION REQUESTED The City Council will be asked to receive a presentation by Ehlers & Associates, review the bids and approve the attached resolution providing for the issuance and sale of $17,400,000 Taxable General Obligation Abatement Bonds, Series 2012C, and levying a tax for the payment thereof. submitted, - Resolution EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF ANDOVER, MINNESOTA HELD: December 4, 2012 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall on December 4, 2012, at 7:00 o'clock P.M., for the purpose, in part, of considering proposals and awarding the sale of $17,400,000 Taxable General Obligation Abatement Bonds, Series 2012C. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $17,400,000 TAXABLE GENERAL OBLIGATION ABATEMENT BONDS, SERIES 2012C, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City "), has heretofore determined and declared that it is necessary and expedient to issue $17,400,000 aggregate principal amount Taxable General Obligation Abatement Bonds, Series 2012C (the "Bonds" or individually, a "Bond "), pursuant to Minnesota Statutes, Chapter 475, and Sections 469.1812 through 469.1815, particularly Section 469.1814, to finance the acquisition of the community center from the Economic Development Authority of the City of Andover (the "Project ") pursuant to an advance refunding of the outstanding (i) $10,000,000 original principal amount of Public Facility Lease Revenue Refunding Bonds, Series 2006 (City of Andover Community Center), dated December 1, 2006 (the "Prior 2006 Bonds ") and (ii) $6,865,000 original principal amount of Public Facility Lease Revenue Refunding Bonds, Series 2007A (City of Andover Community Center), dated January 1, 2007 (the "Prior 2007 Bonds" and together with the Prior 2006 Bonds, the "Prior Bonds "); and B. WHEREAS, on November 20, 2012, following duly published notice thereof, the Council held a public hearing on the proposed abatement to finance the Project and all persons who wished to speak or provide written information relative to the public hearing were afforded an opportunity to do so; and C. WHEREAS, the City has heretofore established a tax abatement program (the "Program ") pursuant to the provisions of Minnesota Statutes, Sections 469.1812 through 469.1815, with respect to providing for the abatement of property taxes for a period of twenty years on various properties in the City, as described in the Resolution adopted by the City Council on this date, approving the Program (the "Abatement Resolution "); and D. WHEREAS, the amount of the property taxes abated are estimated to be at least equal to the principal amount of the Bonds and pursuant to the provisions of the Abatement Resolution, funds are to be expended to provide money to pay for Project; and 5049687v1 E. WHEREAS, $10,000,000 aggregate principal amount of the Prior 2006 Bonds which matures on and after February 1, 2015, is callable on February 1, 2014 (the "Callable Prior 2006 Bonds "), as provided in the EDA's Mortgage and Security Agreement and Indenture of Trust dated as of December 1, 2006 (the "Prior 2006 Indenture "); and F. WHEREAS, $6,865,000 aggregate principal amount of the Prior 2007 Bonds which matures on and after February 1, 2015, is callable on February 1, 2014 (the "Callable Prior 2007 Bonds" and together with the Callable Prior 2006 Bonds, the "Callable Prior Bonds "), as provided in the EDA's First Supplemental Indenture and Amendment to Mortgage dated as of January 1, 2007 (the "Prior 2007 Indenture" and together with the Prior 2006 Indenture, the "Prior Indentures "); and G. WHEREAS, the refunding of the Callable Prior Bonds is consistent with covenants made with the holders of the Prior Bonds pursuant to the Prior Indentures; and H. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and I. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereafter provided. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal The proposal of (the "Purchaser "), to purchase the Bonds in accordance with the Preliminary Official Statement established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted and the Bonds are hereby awarded to the Purchaser. The City Clerk is directed to retain the deposit of said purchaser and to forthwith return to the others making proposals their good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; and Term Bond Option The Bonds shall be dated December 27, 2012, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations ") and shall mature on February 1 in the years and amounts as follows: 5049687v1 Year 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Amount Year 2023 2024 2025 2026 2027 2028 2029 2030 2031 Amount As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the forgoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry S sst . The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the 'Book Entry Only Period "), shall at all times be in the form of a separate single fully registered certificate for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the 'Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest 50496870 on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder of the Holders of the Bonds as shown on the register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book - entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Registrar may establish a special record date for such consent or other action. The City or the Registrar shall, to the extent possible, give 0 5049687v1 the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Registrar in its written acceptance of its duties under this Resolution and any paying agency registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry Only System Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bonds if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository can be found which, in the opinion of the City, is willing and able to assume the functions of the Depository hereunder upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bonds that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations The provisions in the Letter of Representations are incorporated herein by reference and made a part hereof. If and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding Findings The Bonds shall provide funds to acquire the Project and in connection therewith provide for a full net cash advance refunding of the outstanding Callable Prior Bonds (the "Refunding "). Pursuant to the Abatement Resolution, the City's share of real estate taxes generated as a result of the Project and the Program (the "Tax 5 5049687v1 Abatements ") have been pledged to the payment of principal on the Bonds. The principal amount of the Bonds does not exceed the estimated amount of Tax Abatements, presently estimated to be $17,400,000. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Proceeds of the Bonds shall be expended on costs or uses permitted by Minnesota Statutes, Sections 469.1812 through 469.1815, and shall not be expended on any costs or devoted to any other uses. It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67. 4. Interest The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2013, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Interest Rate Maturity 2023 2024 2025 2026 2027 2028 2029 2030 2031 Interest Rate 5. Redemption All Bonds maturing on February 1, 2024, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2023, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the City shall determine the maturities and the principal amounts within each maturity to be prepaid, and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date set for redemption. Prior to the date on which any Bond or Bonds are directed by the City to be redeemed in advance of maturity, the City will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The 9 5049687v1 Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and the Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar U.S. Bank National Association, in Saint Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 7 5049687v1 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER IM TAXABLE GENERAL OBLIGATION ABATEMENT BOND, SERIES 2012C Interest Rate Maturity Date Date of Original Issue CUSIP February 1, December 27, 2012 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Andover, Anoka County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2013, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this 5049687v1 Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. THE ISSUER HAS ELECTED TO ISSUE THIS BOND AS A TAXABLE BOND, AND THE INTEREST IS INTENDED TO BE INCLUDED IN GROSS INCOME FOR FEDERAL INCOME TAXATION PURPOSES AND, TO THE SAME EXTENT, INCLUDED IN BOTH GROSS INCOME AND TAXABLE NET INCOME FOR STATE INCOME TAXATION PURPOSES. Optional Redemption The Bonds of this issue (the "Bonds ") maturing on February 1, 2024, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2023, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the Issuer shall determine the maturities and the principal amounts within each maturity to be prepaid; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date set for redemption. Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. Selection of Bonds for Redemption; Partial Redemption To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date, a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and the Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 50496870 Issuance; Purpose; General Obligation This Bond is one of an issue in the total principal amount of $17,400,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on December 4, 2012 (the "Resolution "), for the purpose of providing funds to finance the acquisition of the community center from the Economic Development Authority of the City of Andover, Minnesota, pursuant to an advance refunding of the outstanding (i) Public Facility Lease Revenue Refunding Bonds, Series 2006 (City of Andover Community Center) of the Economic Development Authority of the City of Andover, Minnesota, dated December 1, 2006, and (ii) Public Facility Lease Revenue Refunding Bonds, Series 2007A (City of Andover Community Center) of the Economic Development Authority of the City of Andover, dated January 1, 2007, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475. This Bond is payable out of the Taxable General Obligation Abatement Bonds, Series 2012C Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. 50496870 10 Authentication This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Taxable Interest The interest on this Bond is included in the gross income of the owner hereof for purposes of United States income tax and to the same extent in both gross income and taxable net income for purposes of State of Minnesota income tax. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Clerk, the seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar am Authorized Signature CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Clerk 11 5049687v1 /AC6]M The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Gust) under. the (Minor) Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 12 5049687v1 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: Date Amount Authorized Signature Of Holder 13 5049687v1 S. Execution The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of December 27, 2012. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. 5049687v1 14 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 11. Rights Upon Transfer or Exchange Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 with respect to interest payment and record date) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery, Application of Proceeds The Bonds when so prepared and executed shall be delivered by the City Clerk to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts There is hereby created a special fund to be designated the "Taxable General Obligation Abatement Bonds, Series 2012C Fund" (the "Fund ") to be administered and maintained by the Finance Manager as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have 15 5049687v1 been fully paid. There shall be maintained in the Fund separate accounts, to be designated the "Escrow Account" and "Debt Service Account ", respectively. (a) Escrow Account The City will create an Escrow Account which shall be maintained as an escrow account with U.S. Bank National Association (the 'Escrow Agent ") in St. Paul, Minnesota, which is a suitable financial institution within or without the State. $ in proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. Proceeds of the Bonds, less proceeds used to pay costs of issuance and any residual amount of Bond proceeds returned to the City on the closing date, are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, to pay when due the accrued interest, the principal amount of outstanding Prior Bonds to maturity or to the date called for redemption and to pay any premium required for redemption. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with an Escrow Agreement (the 'Escrow Agreement ") by and between the City, the EDA and the Escrow Agent. A form of the Escrow Agreement is on file in the office of the City Clerk. Any moneys remitted to the City pursuant to the Escrow Agreement shall be deposited in the Debt Service Account. (b) Debt Service Account There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: Tax Abatements in an amount sufficient, to pay the annual principal payments on the Bonds; any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; any unexpended moneys in the 2006 Public Facility Lease Revenue Bonds Bond Fund created by the Prior 2006 Resolution; any unexpended moneys in the 2007 Public Facility Lease Revenue Bonds Bond Fund created by the Prior 2007 Resolution; any residual amount of Bond proceeds returned to the City by the Escrow Agent; any balance remitted to the City upon the termination of the Escrow Agreement; all investment earnings on funds held in the Debt Service Account; and any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from the Debt Service Account as provided by law. 16. Tax Abatements; Use of Tax Abatements The Council has adopted the Abatement Resolution and has thereby approved the Tax Abatements, including the pledge thereof to the payment of principal on the Bonds. As provided in the Abatement Resolution, the estimated total amount of the Tax Abatements, if received as estimated for the full maximum term thereof, is $ and therefore the principal amount of the Bonds does not exceed the maximum projected amount of the Tax Abatements. The Council hereby confirms the Abatement Resolution, which is hereby incorporated as though set forth herein. 17. Tax Levy; Coverage Test To provide moneys for payment of the interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad 5049687v1 lug valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount 20-20 20-20 See Attached The tax levies are such that if collected in full they, together with estimated collections of Tax Abatements, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irreparable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. General Obligation Pledge For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Defeasance When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered Holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and /or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 20. Taxable Status of the Bonds The City does not qualify the Bonds as tax- exempt under the Internal Revenue Code of 1986, as amended. It is hereby determined that the Bonds are to be issued as fully taxable obligations, and all interest received on the Bonds is to be included in the gross income of the Holder of any Bond for federal income taxation purposes 17 50496870 and, to the same extent, in both gross income and taxable net income for state income taxation purposes. 21. Certificate of Registration A certified copy of this resolution shall be filed in the office of the County Auditor of Anoka County, Minnesota, together with such other information as the County Auditor shall require and the County Auditor shall issue a certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been filed and levied. 22. Continuing Disclosure The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB ") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such amendment. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and City Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers ") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 23. Records and Certificates The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. In 5049687v1 24. Escrow Agreement On or prior to the delivery of the Bonds the Mayor and City Clerk shall, and are hereby authorized and directed to, execute on behalf of the City the Escrow Agreement. The Escrow Agreement is hereby approved and adopted and made a part of this resolution and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 25. Securities; Escrow Agent Securities purchased from moneys in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City has investigated the facts and hereby finds and determines that the Escrow Agent is suitable to act as escrow agent. 26. Callable Prior Bonds The Callable Prior Bonds shall be redeemed and prepaid in accordance with the terms and conditions set forth in the Notices of Call for Redemption substantially in the forms attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated herein by reference. The Notices of Call for Redemption shall be given pursuant to the Escrow Agreement. Failure to give notice by mail to any registered owner, or any defect therein, will not affect the validity of any proceedings for the redemption of the Prior Bonds. 27. Purchase of SLGS or Open Market Securities The Escrow Agent, as agent for the City, is hereby authorized and directed to purchase on behalf of the City and in its name the appropriate United States Treasury Securities, State and Local Government Series, and/or open market securities from the proceeds of the Bonds and, to the extent necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription forms) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. 28. Termination of Lease Agreement The City hereby elects to exercise its option under Section 4.6 of the Lease Agreement between the City and the EDA, dated as of December 1, 2006, and amended as of January 1, 2007 (collectively, the "Lease ") to prepay the Purchase Option Price (as defined in the Lease) and deposit funds sufficient to defease the outstanding Prior 2006 Bonds and Prior 2007 Bonds as provided in the Escrow Agreement. As provided in the Lease, the City hereby determines and declares that upon the issuance of the Bonds and the funding of the Escrow Account, the Lease shall be terminated and the EDA shall have no further right, title or interest in and to the Project. 29. Payment of Issuance Expenses The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to K1einBank, Chaska, Minnesota, on the closing date for further distribution as directed by Ehlers. 30. Severability If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 19 5049687vl 31. Headings Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 20 5049687v1 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as the minutes relate to providing for the sale of $17,400,000 Taxable General Obligation Abatement Bonds, Series 2012C. WITNESS my hand on December 4, 2012. City Clerk 21 50496870 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 Councilmembers Jim Dickinson, City Administrator Public Hearing - 2013 Proposed Levy and Budget December 4, 2012 INTRODUCTION The Council has had a number of reviews of the City of Andover 2013 Proposed Budget and continued detailed review of the General Fund budget that is primarily supported by the proposed 2013 Tax Levy. This year the Andover City Council is holding a 2013 Proposed City Budget/Tax Levy public hearing as compared to the previous year's hearings titled "Truth -in- Taxation" that had to be conducted in a State Statute prescribed format. This public hearing is intended to give the public the opportunity to comment on the proposed 2013 budget and tax levy. The Council did adopt at the September 6th regular Council meeting a Preliminary 2013 Budget with a total property tax levy of $10,631,299: $7,332,857 (68.67 %) operational levy, $1,961,474 (18.45 %) debt service levy, and $1,336,968 (12.58 %) capital /watershed levy. The Council has the right to reduce or keep constant this levy until the final certification date of December 28, 2012. The proposed preliminary levy would result in a zero percent (0 %) increase in the gross tax levy; this zero increase is what is reflected on residents and business owners proposed tax statements. DISCUSSION The attachments to this staff report listed below are handouts that will be presented prior to the Public Hearing to provide background information on 2013 Proposed City Budget/Tax Levy progress to date. The attached materials reflect no change in the gross levy. Attachments: Pg. 3 Pay 2013 Valuation Estimates Pg. 4 - 5 Property Tax Levy — Historical Comparisons Pg. 6 Proposed 2013 City Tax Rate Comparisons Pg. 7 Proposed 2013 Proposed Tax Rate Breakdown Pg. 8 - 9 2013 Proposed Budget Summary by Fund Type Pg. 10 2013 Proposed Budget Summary by Revenue and Expenditure Type Pg. 11 - 17 2013 Proposed Budgets - Fund Summaries 1 Pg. 18 2013 General Fund Revenue & Expense Summary Pg. 19 2013 General Fund — Revenue Comparison Pg. 20 2013 General Fund — Expenditure Comparison Pg. 21 - 22 2013 General Fund — Expenditure Function Graphs Pg. 23 2013 General Fund — Expenditure Budget Summary by Department Pg. 24- 26 Resolution to Approve 2013 Budget and Tax Levy A more detailed presentation will be provided to the Council before the public hearing similar to what has been presented at past budget workshops. 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'O 0. p O U N tO+J ( CL La y m E x o° N C CD 0 MV °) Z` M O N U N« 9 i0 w 15 2 51 M> O� O O 0 Q.' 0 0 (n x W O J LL U U U U j y w 0> 0 LL d C o N N N r U O O N Q U C U 0 IM M U LL D O O C LO C LL LL LL Tj j U O D N C> U LL Z LL E2ayy C'J > a O ° m v� m o- R x L LL a )mmc =' Ono U W 5 W F d CL C 7 LL W E a E O L Z «_ Q d r LL a O. } m W V era N y d C d M R r 0 W m O O m m 0 0 0 0 T N cc N W M O r � R L' W N O V r (V N c0 0] r O N M M r O Oi p R m r N m m O v O M w W � N N r K N N O N � 1 1 I V Oi Q M r o o o 0 M R m N O Oi V Oi t N m v tV � C'1 N M � N N r N n a 0 C C �m E. w Flo- toa a O i- LL r o 000 o n aa aI 1 ' I W I m Oil �l w w N O � O O t M t m m In Oc ' O (Ct h ' ' ' O W N A N o r V � r O l O ' O V N 1 w n ro o 1 1 ' 1 V th O t0 W N Oi r N /A fO °o �° oa t c t m U C V M C j O M m m W a N � vi O r' M W O to M O m m C � n vi r N m m Oi M N N O N � 1 1 I V Oi Q M r o o o 0 M R m N O Oi M r t N m v O n O L N M � N N r N n N N O N � 1 1 I V Oi I m o 0 m ' m N W M O O M N C6 (V N r Oi (C !p m M M M m M m N tt7 0 0 n O r M N N O O N O W N ' m O H t0 (O f0 O O O) v O O N N O r ' W It m n M th t7 n 7 O M M W c p 7 c 'l C6 f C6 N lV r r r N M m I W t0 N C'i T O t � M t0 o M- 1 r fN c Y > > « ° y N m a O !T ` m d d d d C a V L y L K y y w y U O C o W U W Q F' N — U d N ' a C y d d a m a y E a E c U) U) LL A � m m c y O � y > d E d E v ° E _N m E o rn m $. m 'U F- d d 6 y d a @ d y c fL c m p a - L° m N o E U LL °.-' `-° .i0. c 'm a m m y '� «_ c m m 2 m O d o c m N w d E m o o LL a$ o Q '° U °. o a m d m n ^3 r c > m d d a `� ~ `m o. o ° ~ 0 0 > > £ m a ~ > �UiL aa� c0ma .': . aa0aOUo LL K O F f W H, M OIM 46 V r L6 N 46 A N N O O N 1 ' I 1 I OI N w � ' O h t � H r O v e R O W W r w m ow NI W W rn Q M � O olNl ' N R A m vi � Oi M r lh n w 7 M r V Oi I m o 0 m ' m N W M O O M N C6 (V N r Oi (C !p m M M M m M m N tt7 0 0 n O r M N N O O N O W N ' m O H t0 (O f0 O O O) v O O N N O r ' W It m n M th t7 n 7 O M M W c p 7 c 'l C6 f C6 N lV r r r N M m I W t0 N C'i T O t � M t0 o M- 1 r fN c Y > > « ° y N m a O !T ` m d d d d C a V L y L K y y w y U O C o W U W Q F' N — U d N ' a C y d d a m a y E a E c U) U) LL A � m m c y O � y > d E d E v ° E _N m E o rn m $. m 'U F- d d 6 y d a @ d y c fL c m p a - L° m N o E U LL °.-' `-° .i0. c 'm a m m y '� «_ c m m 2 m O d o c m N w d E m o o LL a$ o Q '° U °. o a m d m n ^3 r c > m d d a `� ~ `m o. o ° ~ 0 0 > > £ m a ~ > �UiL aa� c0ma .': . aa0aOUo LL K O F f W H, M OIM 46 V r L6 N 46 A N N O O N 1 ' I 1 I OI N w � ' O h t � H r O v e R O W W r w m ow NI W W rn Q M LL ' N O N n O O lh n w 7 M t M c c N m- N a 0 C C �m E. 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W m Flo- toa a O i- LL N N d r O N W O W O O Q O O N N p n m O N r N d r O N W N N V Cf N N N h m r O n b w m O O r O O N m d m O m N O W d d d N N pp p� O M lh r W 0 O r < h V N ro O N N N m N N O y n y N O m d g N N g m m A m N W O m m O m r O M ' m d O r ' e7 m fh th M m Ci O� N O O N E •y r Y1 b m m r f G � V I� ^ r O,� m d W N w � N N d r O N W O W O O Q O O N N p n m O N r N d r O N W N N V Cf N N O N N N 0 0 0 ` O' N N O N d r d O N b w m O O r O O N m d m O m N O W d d d N N pp p� O M lh r W 0 CJ G m W h N d m N N y O Ol N m< O d O h Yf p b d m N W m N m m r m O m N n W m r m N m N N O V m m N r N {7 M W N W r O� 1% 1� b W O E •y r Y1 b m m r f G � V I� ^ r O,� N d W w N LL C W N 9 C LL N N p O h n n l N O 0 a h A r O n V N pp p� O M lh r W 0 < O N N a m N W O m N N r N O W r r ct m ^ N W ' d N m 61 r W PJ fO M m d m n n W r O N W m m d N N W n W O w Q W m LL C LU } O } = x F m C R b $ t: {p N n W m o n r m m m m N, r m n m m W e m m n o m b m o io N o m m W m N N W W m O N m n n r n m m m m b CJ Ny 'mom ° n n �`".°• "' ncc wI O m vm N° N N N O m W mC mq Rq M O m m 0 0 N a a N m a r _ � N • m N m d N O ^ N Q � ^ > C m Q f"1 3 a r m j m v N W N O E m d m Q m O X 0 p 7 m L N Xrym (SI m N y O C m U W U y m C N a y C y m Q m y N O' m C E Z m J y N m n y m a E N c y >> OI a E c m C y C m m e o m d m Q N m y m L y 0 ( Q O d m N m O Z 0 m m O C C LL .� O C C a m� LL a a m 0 m m > m m Q O Q L W N m m N ? `Lp E O 6 X A q 0 0 Q m >>$ m m �. 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O N U U Y r z cu O t 4J U O 3 U 0 O a U C R U i O U 2 0 N N ,S] E U U Q 0 O T b x L U _T U 0 a 0 C] I a N N U r 25 ,o r U m zo d H W � a �H w� � a OM Ao N O O o h � H U 26 [- Cl l- M V1 O O� V' 0 0 l- - O 0% Vl Q\ N r It 0 M h O O ON r- O 01 00 0� n O M V O Vl - N O N N O 7 .D kn O '+ t oo O ti b M o0 M o0 O N m M 'r � N Q` b a 0 0 m ti b o W y D y y f•4 > N T v ° N U y U U Y b a• 3 •�• w U O W W U a 'o '� � ° CJ Q C7 C7 C7 C7 � •� W W `�° 'L'' y O 0 0 N N Q a o O o 0 0 0 0 N N N N N N H 4 Q O U 26 r TO: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US FROM: SUBJECT: DATE: Tentative agenda items for an EDA meeting have been identified as follows: INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the January 2, 2013 City Council meeting. DISCUSSION Mayor and Council Members Jim Dickinson, City Administrator Schedule January EDA meeting December 4, 2012 1. Approve Meeting Minutes 2. Organizational Items 3. Parkside at Andover Station Update 4. Parkside at Andover Station Land Sale Discussion 5. Redevelopment Discussion 6. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the January 2, 2013 City Council meeting. tLNDO . F A 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 January HRA meeting DATE: December 4, 2012 INTRODUCTION The Council is requested to schedule a Housing and Redevelopment Authority (HRA) meeting at 6:30 pm or immediately following the EDA meeting before the January 2, 2013 City Council meeting. DISCUSSION Tentative agenda items for an HRA meeting have been identified as follows: 1. Approve Meeting Minutes 2. Organizational Items 3. Potential 2013 Activities 4. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUESTED The Council is requested to schedule a Housing and Redevelopment Authority (HRA) meeting at 6:30 pm or immediately following the EDA meeting before the January 2, 2013 City Council meeting. ? C I T Y INIDOVE- ( Z 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: December 4, 2012 The City Administrator and Department Heads present 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/CIP Projects 3. Meeting reminders 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.