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HomeMy WebLinkAboutCC - December 18, 2012ANDOVEA. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, December 18, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (12/4/12 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve 2013 Liquor Licenses — Administration 4. Approve 2013 Massage Therapy /Establishment License — Administration 5. Approve 2013 Animal Control Contract —Administration 6. Adopt 2013 Fee Ordinance —Administration 7. Approve Declaration of Encroachment Easement, Conditions & Covenants/ /Lot 7, Block 1, Timber Trails - Engineering 8. Approve Classification and Sale of Tax Forfeit Properties — Planning 9. Approve Contract with Engineering Firm/12- 31/3535 — 161sT Ave. NW (Sports Complex) — Engineering 10. Approve Market Rate Wage Adjustments - Human Resources 11. Approve Cost -of- Living Wage Adjustment for Non - Bargaining Employees — Human Resources 12. Approve Change Order #3/11 -10 /South Coon Creek Drive NW Reconstruction - Engineering. Discussion Items 13. Anoka County Sheriff s Office Monthly Report — Sheriff 14. Adopt Resolution/City of Andover 2013 Budget & Certify 2013Property Tax Levy— Administration 15. Adopt 2013 Debt Service Levy Changes — Administration 16. Discuss Reconsidering Variance Request — 15873 Linnet Street NW - Planning Staff Items 17. Administrator's Report —Administration Mayor /Council Input Closed Session Public Works Union Negotiations Update Land negotiation contingencies: PID #s 11- 32 -24 -31 -0001, 11- 32 -24 -24 -0001 & 11- 32 -24 -23 -0001 Adjournment tx • Y y7. 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 Administrator FROM: Michelle Hartner, Deputy City Cle SUBJECT: Approval of Minutes DATE: December 18, 2012 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: December 4, 2012 DISCUSSION The minutes are attached for your review. ACTION REQUIRED Regular The City Council is requested to approve the above minutes. Respectfully submitted, 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 — DECEMBER 4, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Gamache, December 4, 2012, 7:00 p.m., at the Andover Andover, Minnesota. Councilmembers present: Mike Knight, Councilmember absent: None Also present: City Administ City Attorney, PLEDGE OFALLEGIANCE RESIDENT FOR Ms. Nightingale, 15949 at 159496 an( yard due to 7an easement She stated she had talked that would address the Ci reconsider the denial and the City. Councilmember Trades the City are being met th owner has addressed the is called to order by Mayor Mike 1685 Crosstown Boulevard NW, Julie Trude and Tony Howard 4,Andover, stated she recently bought the home located she would not be able to put in a fence around the back has a child with autism and has concerns for his safety. and City Engineer Berkowitz and presented a proposal )r _drainage and access. She requested the City Council y to put in a chain link fence with adequate access for should be viewed as an appeal and as long as the concerns of )perty owner should be allowed to build a fence if the property and access concerns of the City. City Administrator Dickinson stated staff would put together the information regarding the property and the proposed fence and meet with the homeowners to try and find a resolution. He recommended the Council not make a decision until staff has looked at all the information. Councilmember Bukkila stated she would like to review the information before engaging in additional discussion. City Administrator Dickinson stated he would work with the property owner and the Engineering Department and see if there is something that could be worked out to resolve the concerns of the 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 Regular Andover City Council Meeting Minutes —December 4, 2012 Page 2 City and the property owner. AGENDA APPROVAL City Administrator Dickinson stated there was no new information pertaining to the items on the agenda for the closed session. He recommended the closed session be removed from the agenda. Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES November 20, 2012 Regular City Council Meeting Motion by Councilmember Howard, Seconded by Councilmember Knight, to approve the November 20, 2012, Regular City Council minutes as presented. The motion carried (ayes -4; present - Trude). November 20, 2012 Closed City Council Meeting Motion by Councilmember Knight, Seconded by Councilmember Howard, to approve the November 20, 2012, Closed City Council minutes as presented. The motion carried (ayes -4; present - Trude). November 27, 2012 City Council Workshop Meeting Councilmember Trude stated on page 2, line 30, "building official" should be changed to "building inspector ". Councilmember Trude stated on page 3, line 13, replace "us" with "is ". Councilmember Trude stated on page 4, line 3, before the company name insert "the addition made to ". Councilmember Trude stated page 5, delete lines 37 -40 and replace with "Councilmember Trude stated that the City Council had voted 3 -2 to deny a lot split variance earlier this year with the hope the property owner would plat the available lots. It is obvious that a plat will not be filed because one (1) lot was recently split. Therefore in order to add another lot to the City's inventory she would like to make a motion to reconsider, under Roberts Rules of Order, on the denial of the variance, at an upcoming Council meeting. She suggested that the unique characteristics as stated by Councilmember Knight at the earlier meeting could be the basis for this action. She also asked staff to proceed with vacating the street easement on this parcel since it will not be needed once the nearby intersection with Nightingale becomes a full movement 1 2 3 4 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 Regular Andover City Council Meeting Minutes —December 4, 2012 Page 3 intersection." Motion by Councilmember Trude, Seconded by Councilmember Howard, to approve the November 27, 2012, City Council Workshop minutes as amended. The motion carried unanimously. November 27, 2012 Closed City Council Meeting Motion by Councilmember Knight, Seconded by Councilmember Trude, to approve the November 27, 2012, Closed City Council Meeting minutes as presented. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve JPA & 2013 Tri-City GIS Contract Item 4 Order Feasibility Report/13 -2a (Stenquist Addition) and 13 -2b (1590' Avenue NW) 2013 Street Reconstruction (See Resolution R118 -12) Item 5 Order Feasibility Report/12- 28/Nightingale Street NW Reconstruction (See Resolution R119 -12) Item 6 Order Improvement/Order Plans and Specs /13- 3/2013 Crack Sealing (See Resolution R120 -12) Item 7 Order Improvement/Order Plans and Specs /13- 4/2013 Seal Coating (See Resolution R121 -12) Item 8 Order Improvement/Order Plans and Specs /13 -7 and 13- 12/2013 Trail Maintenance and 2013 Parking Lot Maintenance (See Resolution R122 -12) Item 9 Order Improvement/Order Plans and Specs /13- 8/2013 Curb, Sidewalk and Pedestrian Ramp Repairs (See Resolution R123 -12) Item 10 Consider Resolution Removing No Parking Signs /Kiowa Street NW /Strootman Park (See Resolution R124 -12) Item 11 Approve City Administrator Review Item 12 Approve 2013 Tobacco Licenses Item 13 Approve Joint Powers Agreement/Anoka County /Elections Equipment Item 14 Approve Premise Permit/Andover Football Association/Tanners Station (See Resolution R125 -12) Item 15 Approve Donations for 2013 Senior Class All Night Parties Item 16 Approve 2013 Contract/TimeSaver Secretarial Service Item 17 Approve 2013 Private Kennel License Item 18 Approve 2013 Used Vehicle Sales Business License Motion by Councilmember Bukkila, Seconded by Councilmember Knight, for approval of the Consent Agenda as presented. Motion carried unanimously. Regular Andover City Council Meeting Minutes — December 4, 2012 Page 4 DISCUSS /APPROVE RESOLUTIONAPPROVING TAX ABATEMENTS 3 City Administrator Dickinson stated as part of the 2013 budget development process the City 4 continually reviews past debt issuances to determine if there are refinancing opportunities that 5 could produce potential long term debt service savings. At the November 20, 2012 City Council 6 meeting a public hearing was held on proposed property tax abatements for a Community Center 7 Project. The City proposed to use the abatement for purposes provided for in the Abatement 8 Law, and in this particular situation for the City to acquire the Community Center from the 9 Andover Economic Development Authority (EDA). The proposed term of the abatement will be 10 for up to 20 -years in an amount not to exceed $19,000,000. The abatement will apply to only the 11 City's share of the property taxes derived from the property benefited by or in close proximity to 12 the Andover YMCA/Community Center. The City Council is asked to approve a resolution 13 approving the tax abatements. 14 15 Motion by Councilmember Trade, Seconded by Councilmember Howard to approve a resolution 16 approving the Tax Abatements as proposed. The motion carried unanimously. (See Resolution 17 R126 -12) 18 19 DISCUSS /APPROVE BOND SALE GENERAL OBLIGATIONABATEMENT BONDS, SERIES 20 2012C 21 22 Mr. Mark Ruff, Ehlers and Associates, the City's fiscal advisor, reviewed the 2004, EDA Public 23 Facility Lease Revenue, 2006 EDA Public Facility Leave Revenue Refunding, and the 2007 24 EDA Public Facility Lease Revenue Refunding bonds. These bonds were issued to finance the 25 construction of the Andover YMCA/Community Center. He explained this is not for the 26 construction of another community center but rather a financing tool and nothing will change on 27 the property tax statements and no additional taxes will be collected. He explained the City 28 received three (3) bids for the sale of the bonds. Due to the City's AA+ rating the bids were 29 favorable for the City. Raymond James was the lowest bidder and these will be taxable bonds at 30 a 2.365% to 2031. The total projected savings are approximately $4,000,000. The City will use 31 these savings to shorten the term by 3- years. He provided the Council with a savings analysis 32 and rating report. The closing is scheduled for December 27, 2012. 33 34 Councilmember Knight asked how many other cities in the Metro area have a AA+ rating. 35 36 Mr. Ruff stated there are approximately 10 AAA cities in the Metro area and 10 AA +. 37 Nationwide Andover would be in the top 5 %. Cities with a AAA rating are typically fully built 38 out. He pointed out there had been a city in the Metro area that had recently been down graded 39 from AAA and there are two (2) other cities on the watch list. 40 41 Councilmember Trade stated the summary report provided by Ehlers and Associates contained 42 excellent information about the City and endorses a lot of positive qualities the City of Andover 43 promotes. She stated she would like to see this report posted on the City's website for residents Regular Andover City Council Meeting Minutes — December 4, 2012 Page 5 and prospective businesses and residents to view. 3 Motion by Councilmember Knight, Seconded by Councilmember Bukkila to approve a 4 resolution providing for the issuance and sale of $17,400,000 Taxable General Obligation 5 Abatement Bonds, Series 2012C, and levying a tax for the payment thereof. The motion carried 6 unanimously. (See Resolution R127 -12) PUBLICHEARING 2013 BUDGET AND TAX LEVY 10 City Administrator Dickinson stated the Council has had a number of reviews of the City of 11 Andover 2013 Proposed Budget and continued detailed review of the General Fund budget that is 12 primarily supported by the proposed 2013 Tax Levy. This year the Andover City Council is 13 holding a 2013 Proposed City Budget/Tax Levy public hearing as compared to the previous 14 year's hearings titled "Truth -in- Taxation" that had to be conducted in a State Statute prescribed 15 format. This public hearing is intended to give the public the opportunity to comment on the 16 proposed 2013 budget and tax levy. The Council did adopt at the September 6th Regular Council 17 meeting a Preliminary 2013 Budget with a total property tax levy of $10,631,299. The Council 18 has the right to reduce or keep constant the levy until the final certification date of December 28, 19 2012. The proposed preliminary levy would result in a zero percent (0 %) increase in the gross 20 tax levy and this zero increase is what is reflected on residents and business owners proposed tax 21 statements. He provided a historical comparison of the property tax levy and City Tax Rate 22 comparisons. He also reviewed the proposed Budget Summary by Fund Type, byRevenue and 23 Expenditure Type, the General Fund Revenue and Expense Summary, Revenue Comparison, 24 Expenditure Comparison and Expenditure Budget Summary by Department. He provided a 25 graph for the Council that showed what Andover's tax rate is compared to other communities in 26 Anoka County. The only City that can really be compared to Andover that has a lower rate than 27 Andover is Blaine and this is due to the significant commercial growth they have had. 28 29 Councilmember Trude stated Blaine had the highest number of building permits issued in the 30 Metro for 2012. 31 32 Mayor Gamache asked if the snow removal expenses were charted every year. Last winter had 33 been mild and this year the weather has been mild to date. 34 35 City Administrator Dickinson explained this is not charted. The only significant variable costs 36 are the purchase of sand and salt. Due to the mild weather the City had not purchased this since 37 2011. This is not a large impact cost to the budget. He stated the City had only received four (4) 38 calls from residents regarding the budget and the only concerns expressed had been regarding 39 City services remaining at the same level. He recommended the City adopt the budget at the next 40 meeting because there may be some changes to the debt levy based on the approval of the bond 41 sale previously approved. 42 43 Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to Open the Public Regular Andover City Council Meeting Minutes — December 4, 2012 Page 6 1 Hearing at 7:49 p.m. The motion carried unanimously. 2 3 There was no public input. 4 5 Motion by Councilmember Knight, Seconded by Councilmember Bukkila to Close the Public 6 Hearing at 7:50 p.m. The motion carried unanimously. 7 8 Mayor Gamache stated this would be presented to the Council at the December 181' meeting for 9 approval. 10 11 SCHEDULE JANUARY EDA MEETING 12 13 Motion by Councilmember Bukkila, Seconded by Councilmember Knight to schedule an Economic 14 Development Authority (EDA) Meeting at 6:00 p.m. before the January 2, 2013 City Council 15 Meeting. The motion carried unanimously. 16 17 SCHEDULE JANUARYHRA MEETING 18 19 Motion by Councilmember Howard, Seconded by Councilmember Trude to schedule a HRA 20 Meeting on January 2, 2013, immediately following the January 2, 2013 EDA Meeting. The 21 motion carried unanimously. 22 23 ADMINISTRATOR'S REPORT 24 25 City Administrator Dickinson updated the City Council and the residents regarding 26 administration and city department activities, legislative activities, development and CIP 27 projects, and upcoming meetings and community events including an the approval of the tax 28 abatement and bond sale. He stated based on Standard & Poor's rating report the City would be 29 working to improve financial reporting and including long -term operation projections. He stated 30 the Community Center had a successful weekend but there are things that will need to be 31 addressed as the City begins looking at an expansion, including parking. He stated the 32 concessions would be closing down for approximately 5 -days to remodel for Subway. He stated 33 to date Andover has 75 new single - family home permits with the addition of 71 for the Arbor 34 Oaks project. Andover had 50 new home permits in 2011. 35 36 MAYOR/COUNCIL INPUT 37 38 (County Library Update) Councilmember Trude stated she had met with staff and the Library to 39 look at locations for library lockers at the Community Center. She explained the program would 40 be designed for people to access the library website and use their library cards to request books. 41 These books would then be delivered to their lockers at the Community Center. She also 42 explained she had looked at terminals that could be used to download books to an e- reader. She 43 stated this is something that could work at the Community Center and there would be a meeting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Regular Andover City Council Meeting Minutes —December 4, 2012 Page 7 at the Community Center to look at potential hookup locations. (Outdoor Rink Update) Mayor Gamache asked if the City had started flooding the skating rinks yet. City Administrator Dickinson stated it had not been cold enough to flood the outdoor rinks. ADJOURNMENT Motion by Councilmember Howard, Seconded by Councilmember Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 8:03 p.m. Respectfully submitted, Tina Borg, Recording Secretary Regular Andover City Council Meeting Minutes — December 4, 2012 Page 8 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — DECEMBER 4. 2012 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 2 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 3 Item2 Approve Payment of Claims .......................................................... ............................... 3 Item 3 Approve JPA & 2013 Tri-City GIS Contract ................................ ............................... 3 Item 4 Order Feasibility Report/13 -2a (Stenquist Addition) and 13 -2b (159f Avenue NW) 2013 Street Reconstruction (See Resolution R118 -12) ....................... ............................... 3 Item 5 Order Feasibility Report/12- 28/Nightingale Street NW Reconstruction (See ResolutionR119- 12) ............................................................................ ............................... 3 Item 6 Order Improvement/Order Plans and Specs /13- 3/2013 Crack Sealing (See Resolution R120 -12) .............................................................................................. ............................... 3 Item 7 Order Improvement /Order Plans and Specs /13- 4/2013 Seal Coating (See Resolution R121 -12) .............................................................................................. ............................... 3 Item 8 Order Improvement/Order Plans and Specs /13 -7 and 13- 12/2013 Trail Maintenance and 2013 Parking Lot Maintenance (See Resolution R122- 12) ........... ............................... 3 Item 9 Order Improvement /Order Plans and Specs /13- 8/2013 Curb, Sidewalk and Pedestrian Ramp Repairs (See Resolution R123- 12) ............................................ ............................... 3 Item 10 Consider Resolution Removing No Parking Signs /Kiowa Street NW /Strootman Park (See Resolution R124- 12) .................................................................... ............................... 3 Item 11 Approve City Administrator Review ............................................. ............................... 3 Item 12 Approve 2013 Tobacco Licenses ................................................... ............................... 3 Item 13 Approve Joint Powers Agreement /Anoka County /Elections Equipment ..................... 3 Item 14 Approve Premise Permit/Andover Football Association/Tanners Station (See ResolutionR125- 12) ............................................................................ ............................... 3 Item 15 Approve Donations for 2013 Senior Class All Night Parties ........ ............................... 3 Item 16 Approve 2013 Contract/TimeSaver Secretarial Service ................ ............................... 3 Item 17 Approve 2013 Private Kennel License .......................................... ............................... 3 Item 18 Approve 2013 Used Vehicle Sales Business License .................... ............................... 3 DISCUSS /APPROVE RESOLUTION APPROVING TAX ABATEMENTS (See Resolution R126-12) ...................................................................................................... ............................... 4 DISCUSS /APPROVE BOND SALE GENERAL OBLIGATION ABATEMENT BONDS, SERIES 2012C (See Resolution R127 -12) ................................................. ............................... 4 PUBLIC HEARING 2013 BUDGET AND TAX LEVY ................................ ............................... 5 SCHEDULE JANUARY EDA MEETING ..................................................... ............................... 6 SCHEDULE JANUARY HRA MEETING ..................................................... ............................... 6 ADMINISTRATOR'S REPORT ..................................................................... ............................... 6 Regular Andover City Council Meeting Minutes — December 4, 2012 Page 9 MAYOR/COUNCIL INPUT ........................................................................... ............................... 6 (County Library Update) .............................................................................. ............................... 6 (Outdoor Rink Update) ................................................................................ ............................... 7 • "~�L VZ 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 18, 2012 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. u DISCUSSION Claims totaling $246,925.40 on disbursement edit list #1- 4 from 12/03/12 — 12/13/12 have been issued and released. Claims totaling $280,777.37 on disbursement edit list #5 dated 12/18/12 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $527,702.77. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists U r-i CIS Pi CIO t N O U U Fp U O �r 4-i O r-1 U U U U U 0 LA Q c y O w o r N � � O � O � q � o 'O [ U � c q u c L W CS V E z U O :Q Q C U C T R C 7 O C C O G �L U O z :J O N ^ w w d P a r w W W V U Q Q - O N Vl O V1 00 V1 O V1 O V1 O V1 0 0 v1 V1 0 0 0 �/1 �/1 v1 0 0 0 CC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N Q N N N N N N N N N N N N\ N\\\ N\ N N N N N N N N Q Q X 0 0 X 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C O O C O N N O O N O O O O O O O O O O O N M O O O O M O O ❑ w a V V V I V V I I I I V V O E; � X 0 0 L M O O O O O O O O O O O O O O O O O O O O M O 0 0 0 O y y � n N N 3 UJ N N 4�l U p � 7 il U z z vo R O N O 0 G a W O F. u U Y G. 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T C 0 a 3 x o a O 3 v ww�owwwwwwww�owwwW°wwww�o aaaaaaa a N N N N 4 4 % N V, N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W U) pj Ut U1 O U Q YO U U >. , lU b Z D 2:1 V O t ,kU U w U N w N "U N W N N w N W W W w N N N N U N (n fn V] Vl V} VI (n Vl V] V] (n V1 !n V] (n fn [n Vl !n fn V1 u oaaaaaa 0 0 0 0 0 0 0 0 N N N N N N N V U s o4 b � O Lu Q F U 0 by n a M N O N 0 C 7 T a W O O Y U U U 0 G 0 U Q u L' L 4 a C 7 z u V F V C T C. 7 O E C a+ �L u a` 0 z u u �o > d N A R O O N h N h h h h h h vl V1 h h h h V1 h h O �/1 h h vl O O O h h h vt V1 h h h h 0 0u 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U O O O O O O O O O O O O O O O M O O O O M� M O 0 0 0 0 0 0 0 0 G1 N N N O 7 V vi vi D` O h t� m W P G1 C\ T O O O O O O O O O Nl M M N a• o a o 0 0 0 0 o M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N U U U O Q Q W 00 V1 CC 00 07 00 00 00 00 OO M M M M M M M M M M M � 00 00 00 00 00 00 W 00 00 00 07 00 00 00 p a) VJ 00 W M M M M M M M M M M M M M M M M M M M M N N N O O N h N h h h h h h vl V1 h h h h V1 h h O �/1 h h vl O O O h h h vt V1 h h h h 0 0u 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U O O O O O O O O O O O O O O O M O O O O M� M O 0 0 0 0 0 0 0 0 Nl M M N a• o a o 0 0 0 0 o M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N > z 3 VO V O V V V V -0 V V U O U — — —— ———— — - p O O M t - - - - 0 = 0 0 0 0 — — — — — — — — — — — — — — — — — — — — — O O U N U h O O O O O O O O O O V O v1 O N O O O O N N N O 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0 0 O z 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Nl M M M M M M Nl M M M M M M M M t7 M M M M M M M M M M M M M M M M M M N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N > z 3 l'J V O � tYJ N l0 N W h O N N V NV ^ N M W Vl YJ VJ O �O V� fYl M M M M M M M M M M ca 3 z > N z 9 v a n Z p? v ^ M M M N W t3 a z 3 b 3 z 0 z > z 3 m > ° ca 3 z > N z 9 v a n Z p? v N o p u 2 a q 3 0 q> m G u y dl� ti i 9 w ti cl� to G a s C ^ p Y n V} it ik O O O 0 O O C C Dy .D Kp 0 C G .G C C C Lq n F ti i i w i i w U U U U c c ¢¢ 4 c � x w z a v< ° U F O rU. 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O O 4 c W w L• L, k. W C.'J �n "� M _ �n �n vi �n v� o V n � •• O • G1 •- C\ G C pp O'J D7 dJ H u I L W z L 3 z V i W C u G T C O C C c c u A O z i c y V N V y Vi w w w w w w O O O O O O N N U N N N U O U O N O O U N O N ua w r°.i w w w Q �O "•J �D �O �D V' b � CO h W O Vi h N� I b N�� I V O I O O IOV O O I N O n n I O O M V u O O O O O O N N U N N N U O U O N O O U N O N d �O "•J �D �O �D V' b � � �O �O i0 � � � i0 � �O � � � b � � � VJ 0 0 0 0 0 0 OM O 00o N 0 OMi C\ OO 00 GO M m N -Y 4 V} N N v (n d' eci !n � V v VI N 00 00 a�i VI N M N N ^ N d V] � m oC GO r3 y V V OX � V i0 h �n O O O O O U O vi O U N U N U N N N N N N N N lei N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 N v u v qni qni O O •• O O n O O O o 0 0 N N N N N N N N N N N N L N N N N N N N N M M M M M M M M M M M M M M M M M M r r M N1 N N N N N N N N N N N o N 0 0 0 f-1 N N o l�l N N ti N N CO h W O Vi h N� I b N�� I V O I O O IOV O O I N O n n I O O M >a R 9 C. u. 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O O O O O Y f.J N N N U Q Q Q Q Q o.. o. 1 R R G C C Q Q Q Q Q Q Q Q Q Q Q Q Q Q o O o � to !moo_. 0 0 o LY_ Lv o Y_ � ❑ - 0 0 0 0 0 0 (�0_, o_ o_ LY_ o !.o_ 0 0 0 0_ O O c: Y Y Y Y Y Y-- C � V o O C O C 0 0 0 0 0 Y u u Y Y u C C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v v u " Y U U x .i x w cl"". w `G !� ..• - .,• .T, 'S 2 U .'T. U .+. 5 T •• •• •• w r U U .-t U O U U U U U U U U U 00 O 00 O D U U U U U U U U U U U U U U U 0 0 0 � c u M ('1 M M M M M M M M M M M M M t7 M M M M M M M M M Nl M M M M M M M M M N o 0 0 0 0 0 0 0 0 0 0 0 0 o c c c c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N t�l N N L1 (1 Gl Gl Gl � fi\ G� � G� CT G1 Gl OJ fq N vl Y1 V1 V1 N N V1 V1 N Vl N V1 V1 N Vl M M M r O c P 7 o6 M G1 G1 V G1 V r _, M M G\ 7 Cl V V G\ N 6 M M M M— M M M M— 1- M M M M M M M M M �1 M M M M 1 1 M M f�1 N Cq OJ di 7 W N f1 M M r M� M� -+ L1 X 0 0 0 0 0 0 -- O -� O '+ _ ,-. N O O O M r In N O M O M .n .-. .-. .-+ .-. 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U .+. 5 T •• •• •• w r U U .-t U O U U U U U U U U U 00 O 00 O D U U U U U U U U U U U U U U U 0 0 0 � c u 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O o 0 0 0 0 0 0 0 0 0 0 0 0 o c c c c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L1 (1 Gl Gl Gl � fi\ G� � G� CT G1 Gl OJ fq N vl Y1 V1 V1 N N V1 V1 N Vl N V1 V1 N Vl M M M V V d' a a 7 a 7 V V V V V V V In v V V d' V' a In V V V V' 'O 7 V V N N N M M M M— M M M M— 1- M M M M M M M M M �1 M M M M 1 1 M M f�1 N Cq OJ Y U M M M M M M M M M C1 M M M M M In M M In M In M In M M M M f'1 In M M M M In Y R a m ro a w w ti ti w R W i3 L• R W i3 W N W ci W U U U v v v v C L W W W W W W _ U U U U U U 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 O O N C O O O O M O 0 0 0 0 0 0 C O C O C O O C^ C M C O U - -� - -� -+ -� O O + •-+ -. U O U O U O O U U .-. U G O O O O O O O h N 0 0 0 U N U 7 U N N U O U O U O av+ N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O Q N N N N N N N N N N \1 N N N N N \1 N \ y M M M M M M M M M M M M M M M M M M M U N N N N N N N N N N N N N N N N N N N :1 ON C N V O N r N h O\ 7 rNi h vii O G\ O^ 01 b P N N b 16 L, G N N OO N N M M 4 M M Y U � z b N y'` M o C N 2 v_ 2 ayi v v _C N o Y O d d 4 G !], (n In VI V] !n on O o z ? L a O F O O C C U •y X X Y X G 7 U F v U ,[¢, C G C C v 000000 o U v O o Y U U L X E Y u r r fs n ,e i 3 3 3 i m o U ? o tt v o r = a o 'a U U U U U U .L .L .v. j 4 O O a X b b b b b b N N N N N N N N N N N N b b b b 1 M r1 M M I 1 •O N N N N N N Ll G1 G\ G1 fT C\ O O O C\ P O O O O N O O O O O O P G\ P O\ O\ 'O 'O In N N N N N N M M M M M M 1 M M M M M M M In M fh M G' z C ^ N U N O N b ^ �1 '1 � � b �% G1 < ¢ U u C L y u a L u z' U Q U CC a U C Q C O �L U a O Z U O nCi N N N J y N o N Vtli s � w h W Vl W W G W U W V ❑ Q Cps, Q Z` Vl y y .. '� ,c•. .. _v .. 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'u u w 0 z J O i x U w O O Ei z 0 m H N O 00 m 0.. rl M N h OG N O N V N O v J T a w 0 0 C. x u u U a O (.7 F. Q 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 Administr,( FROM: Michelle Hartner, Deputy City SUBJECT: Approve 2013 Liquor Licenses DATE: December 18, 2012 INTRODUCTION Liquor licenses expire on December 31, 2012. DISCUSSION The following have applied for renewal of their licenses and paid the appropriate fees: On -Sale Intoxicating Liquor Andover Lanes -13633 Martin Street Beef O'Bradys -15190 Bluebird Street, Suite 114 Pappys Cafe & Tavern-13827 Round Lake Boulevard Tanners Station -13655 Martin Street Off -Sale Intoxicating Liquor Andover Liquor- 3121 -161St Avenue G -Will Liquors -13973 Round Lake Boulevard Northgate Liquors -13627 Quinn Street Off -Sale 3.2% Malt Liquor Bi1Ps Superette -14041 Round Lake Boulevard Festival Foods -2218 Bunker Lake Boulevard Kwik Trip -1756 Bunker Lake Boulevard SuperAmerica -13727 Hanson Boulevard On -Sale Wine (Includes On -Sale 3.2% Malt Liquor) State of Bean -15190 Bluebird Street, Suite 100 0 The Sheriff s Office has completed their background investigation. 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 Minnesota Department of Public Safety yg TxesT9r a Alcohol and Gambling Enforcement % 444 Cedar Street, Suite 222 9 . °`° -'� 0 °FM�s' �y...... -' St. Paul, MN 55101 s iss •'+ 651- 201- 7507•TTY 651- 282 -6555• Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. ONSS 12/31/20a 32028 License Code Ihrcense Period Ending City /County where license approved. u o v p r' Licensee Name Andover Lanes Acgt.tisition Group Inc. Trade Name Andover Lanes Licensed Location address 13633 Mar-tin St NW City, State, Zip Code Andover, MN 0530'+ - Business Phone 763/754 -8000 LICENSE FEES: Off Sale $ On Sale $ Sunday $ 0. 00 5250.00 2.100. 00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). Licensee Si atnr DOB SS1 - - Date (Signature certifies all above information to be correct and license has been approved by city /county.) City Cl r� k/C'onnty A url�gnature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued licenses only (Signatur rtirtjifi s lice see is eligible for license). / Police /Sheriff Signature Date / 30 (Signature certifies licensee r associates have not been cited during the past five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093 -10 o(Sw Min nesota Department of Public Safety 6t 11.E. r T e Alcohol and Gambling Enforcement "`- 1 4444 Cedar Street, Suite 222St. Paul, MN 55101 "'';x y° 651- 201 -7507• TTY 651- 282- 6555•Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code ONES 12/31 /21DI City /County where license approved. An [tense Period Ending over Licensee Name Z Bros Inc. Trade Name Beef 0 Brady's Licensed Location address 15190 B11-tebird 5t m#114 City, State, Zip Code Andover , MN 55304 Business Phone 7632/434-2700 26109 LICENSE FEES: Off Sale $ On Sale $ Sunday $ . 00 5�5"�. 0�7 200. iZtiLh By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes; attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are /exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). licensee Signature /l�La1tr„�w- <Z. DOB / SSE Dare i I�Z %1/ Z (Signature certifies all above information to be. correct and license has been approved by city /county.) City Qerk /County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) Courtly Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license). (Signature certifies licensee or associates have not been cited during the past five years for any state /local liquor law violations (criminal /civil). Report violations on back, then sign here. PS 9093 -10 Minnesota Department of Public Safety o Txes,r� Alcohol and Gambling Enforcement 3 ,. 444 Cedar Street, Suite 222 a, :• -: - St. Paul, MN 55101 �yi:e s+ � 651- 201- 7507•TTY 651 -282 -6555• Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by NI.S. 340A.404 S. 3 to report any license cancellation. ONSS 12/3112 31643 License Code [tense Period Ending City /County where license approved. An over, Licensee Name Pappy' s Cafe Inc. Trade Name nappy's Cafe & Tavern Licensed Location address 13827 Round Lk Blvd. City, State, Zip Code Andover, MN 55304 Business Phone 763/427 -4840 LICENSE FEES: Off Sale $ On Sale $ Sunday $ 0. 00 5250. 00 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). Licensee Signature ml S` )ate (Signature certifies all above information to be correct and license has been approved by city/county.) City Clerk /County Auditor Signature _ Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued licenses only (Signal rtifi licens is eligible for license). Police/Sheriff Sianature Date 3a (Signature certifies licensee 9. associates have not been cited during the past five years for any state /local liquor law violations (criminallcivil). Report violations on back, then sign here. PS 9093 -10 gM� °`° Minnesota Department of Public Safety oFtxes> Alcohol and Gambling Enforcement �Oi MINNE`'O`P 444 Cedar Street, Suite 222 ;_ z St. Paul, MN 55101 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code ONSS 12/31/ 21237 LLrcenee Period Ending �I City /County where license approved. Ind over Licensee Name RGW LLC Trade Name Tanner 5 Station Licensed Location address 13655 Martin St City, State, Zip Code Andover, MIS 55304 Business Phone 763!767 -1500 LICENSE FEES: Off Sale $ On Sale $ Sunday $ ��. 1Z1�1 5c5�. �� 200.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). ` i T i n¢ Si r es �/ T)(1R T iS# Date I ) 1 tQ t'� (Signature certifies all above information to be correct and license has been approved by city /county.) City Clerk /Counry Auditor Signature Harp (Signature certifies that renewal of a liquor; wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued licenses only (Signal rtifie. 1'cen2 is eligible for license). J?Qlicelsh�-riff Si- `"/ II 30 (Signature �Itceneor .ciates have not been cited during the past five years for any state/local liquor law violations (criminal /civil). Report violations on back, then sign here. PS 9093 -10 �'° °.a Minnesota Department of Public Safety 0_11W Alcohol and Gambling Enfo rcement e' 444 Cedar Street, Suite 222 �°` "'""� St. Paul, MN 55101 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No License will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. OFSL 12/31/20lb.= 7814 License Code �Ijicce�ns� reriod Ending City /County where license approved. Licensee Name Jug Liquor Inc. Trade Name Andover- Liquor- Licensed Location address 3121 161st Ave NW City, State, Zip Code Andover,, MN 55304 -2404 Business Phone 763/421 -0572 LICENSE FEES: Off Sale $ On Sale $ Sunday $ 2�tZt, �� �. t�� 0. LAO By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt ifs are less than $25,000 at on sale, or $50,000 at off sale). Licensee Signature / ff DOB _ SS .)ate C4 (Signature certifies 4,/able information to be correct and license has been approved by city /county.) City Clerk /County Anditnr Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) Coun y Attorney Signature late County Board issued licenses only (Sign ce es] icensee is eligible for license). Police/Sheriff,Signature Date // 3c' / (Signature certifies licensee associates have not been cited during the past five years for any stateflocal liquor law violations (criminal /civil). Report violations on back, then sign here. PS 9093 -10 Minnesota Department of Public Safety 0�' Alcohol and Gambling Enforcement 444 Cedar Street, Suite 222 St. Paul, MN 55101 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code OFSL tcense Period Ending 12/31/2 1634 City /County where license approved. 1 h o v e r Licensee Name WCR Liquors Inc, Trade Name G —Will Liquors Licensed Location address 13973 Round Lk Blvd NW City, State, Zip Code Andover, MN 55314 Business Phone 763/421 -1117 LICENSE FEES: Off Sale $ On Sale $ Sunday $ By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if s are less than $25,000 at on sale, or $50,000 at off sale). Licensee Signature ✓�.�/y�, DOR # _ /a//%/%oltd" (Signature certifies all above information to be correct and license has been approved by city /county.) City Clerk /County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued licenses only (Sia ture nsee is eligible for license). 30 / (Signature certifies license6r associates have not been cited during the past five years for any state/local liquor law violations (criminallcivil). Report violations on back, then sign here. PS 9093 -10 °`° &. Minnesota Department of Public Safety 0-IR F ' Alcohol and Gambling Enforcement 444 Cedar Street, Suite 222 '�`°°°^"`�°° St. Paul, MN 55101 651- 201 -7507• TTY 651- 282 -6555• Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code OFSL icense Period Ending 12 /'31 / i2 %baft 10355 City /County where license approved. Andover Licensee Name Liquors Plus Inc. Trade Name Northg.ate Liquors Andover Licensed Location address 13627 Quinn St NW City, State, Zip Code Andover-, MN 55304 Business Phone 763/755-7775 LICENSE FEES: Off Sale $ On Sale $ Sunday $ 200. 00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% li Llicenses are exempt if ((sales are less than $25,000 at on sale, or $50,000 at off sale). i.iceneee Signature �J �DOF ss# )ate /0 -M-1o( (Signature certifies all above information to be correct and license has been approved by city /county.) City Clerk /County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued licenses only (Sign t e certifies licensee is eligible for license). ff Police /SheriSiona lure i- I! Date (Signature certifies license or associates have not been cited during the past five years for any state/local liquor law violations (criminal /civil). Report violations on back, then sign here. PS 9093 -10 Minnesota Department of Public Safety sue° "mot ALCOHOL AND GAMBLING ENFORCEMENT DIVISION x® 444 Cedar St., Suite 133, St. Paul, MN 55101 -5133 (651)201 -7507 FAX (651)297 -5259 TTY(651)282 -6555 No license will be approved or released until the $20 Retailer ID Card fee is received by MN Alcohol '& Gambling Enforcement, Division (excludes 3:2) ' RENEWAL OF LIQUOR, WINE, CLUB OR 3.2 LICENSE Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code 3.20FSL License Period Ending 12/31/2012 ID # 29958 City /County where license approved Andover Licensee Name Rademacher Companies Inc. Trade Name - Bill's "Superette Licensed Location address 14041 Round Lake Blvd City, State, Zip Code Andover MN 55304 Business Phone 763/427 -0504 LICENSE FEES: Off Sale $ On Sale $ Sunday $ By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers, partners, home addresses, or telephone numbers. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. ADDlicant's sianature on this renewal confirms the following: Failure to report anv of the following will result in fines. 1. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 2. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 3. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 4. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 5. Licensee confirms that Workers Compensation insurance is in effect for the full license period. 6. Licensee confirms that it has no interest directly or indirectly in another liquor establishment, be it manufacture, distribution or retail, or if so give details on the back of this renewal. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liability. Licensee Signature l� / mv_ �.-- -� Date i��7 /a /2.—. (Signature certifies all above information to be correct and license has been approved by city /county. City Clerk/County Auditor Signature Date (Signature certifies that an on -sale intoxicating liquor license has been approved by the city /county as stated above) County Attorney Signature Date (County Board issued licenses only (Signature certifies licensee is eligible for license) Police /Sheriff Signature -XJ44a Date I 1 / a' °/l Z (Signature certifies licensee_pporssociates have not been cited during the past five years for any state /local liquor law violations (criminal /civil). Rieport violations on back, then sign here. PS 9093 -98 °`° Minnesota Department of Public Safety qFT "E._?q yY �PV' eFp Alcohol and Gambling Enforcement ! .,i `3 444 Cedar Street, Suite 222 d.; _: -- _ "`°'^" "yE�T St. Paul, MN 55101 °Hi. 3 +�y°� 651- 201- 7507•TTY 651- 282 -6555• Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2 % Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. 3.20FSL 12/31/20 27881 Al License Code [tense Period Ending over, City /County where license approved. Licensee Name N,nowlan's Super Markets Inc. Trade Name Festival roods Licensed Location address 2218 Bunker Lk Blvd NW City, State, Zip Code Andover, MN 5534 Business Phone 763/755 -1415 LICENSE FEES: Off Sale $ On Sale $ Sunday $ 75. 00 I�. �� 0.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor lieee a are, xempt if sales are less than $25,000 at on sale, or $50,000 at off sale). SS ate (Signature cert es all a ve information to be correct and license has been approved by city /county.) City Clerk /County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued licenses only (Signal ertifies 'tense is eligible for license). Police/Sheriff Signature Date I/ 30 /� (Signature certifies licensee or ssociates have not been cited during the past five years for any state /local liquor law violations (criminal /civil). Report violations on back, then sign here. PS 9093 -10 �` °" Minnesota Department of Public Safety 0-IM Alcohol and Gambling Enforcement 444 Cedar Street, Suite 222 9�0` "' "xE�P St. Paul, MN 55101 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651 - 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control .• (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. ?. 20FSL 12/31 /2 32936 License Code tcense Period Ending City /County where license approved. o ✓ a r Licensee Name Kw i k Trip Inc. Trade Name Kw i k Trip #812 Licensed Location address 1756 Bunker Lake Blvd NW City, State, Zip Code Andover, Mid 55334 Business Phone 763/757 -4905 LICENSE FEES: Off Sale $ On Sale $ Sunday $ 75. 00 �. 0th 0.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licen es are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). Licensee Signatu /E J __9 41_4 - 011 . - SSA (Signature certifies all above information to be correct and license has been approved by city /county.) City Clerk /County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued licenses only (Sign certifi icensee is eligible for license). Police /Sheriff Signature Date �3© (Signature certifies licensee r associates have not been cited during the past five years for any state /local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093 -10 °`° Minnesota Department of Public Safety RFT esrr p Alcohol and Gambling Enforcement 3� o� �" 444 Cedar Street, Suite 222 '�°` "" "` St. Paul, MN 55101 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. 3, 20FS{_ 12 31 I2 31046 License Cade tcense Period Ending City /County where license approved. over Licensee Name Northern Tier~ Retail LLL Trade Name St-iperAmerica !#4477 Licensed Location address 13727 Hanson Blvd NW City, State, Zip Code Andover, MN 55314 Business Phone 763/767 -2550 LICENSE FEES: Off Sale $ On Sale $ Sunday $ 1b. 00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor lice s x mpt if sales are less than $25,000 at on sale, or $50,000 at off sale). Licensee Signa /� v DOB ISj Dat_i�l � (Signature certifies a 1 above information to be correct and license has been approved by city /county.) City Clerk /County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued licenses only (Signature rtifie 1'cens is eligible for license). Police /SheriffSio i-- Date YOC>/A (Signature certifies licensee or eesociates have not been cited during the past five years for any state/local liquor law violations (criminal /civil). Report violations on back, then sign here. PS 9093 -10 ° "° < Minnesota Department of Public Safety a Alcohol and Gambling Enforcement 444 Cedar Street, Suite 222�°` °'" "`� St. Paul, MN 55101 I'DO 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code MWNONSB tcense Period Ending 1.2/31 /21Dl 337712 City /County where license approved. u over Licensee Name State of Bean Inc. Trade Name State of Bean Licensed Location address 15190 Bluebird St NW #110 City, State, Zip Code Andover, MN 55304 Business Phone .��u .'-•._•,- -163 Zo5 -33b 1 u r � LICENSE FEES: Off Sale $ On Sale $ Sunday $ �l. O� 54��t. 0�1 0.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor license are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). r i 1 Licensee Signature DOR SS# _ )ate (Signature certifies all above information to be correct and license has been approved by city /county.) City Clerk /County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued licenses only (Signal ert es lic nsee is eligible for license). Police /Sheriff Signature Date 1 /r.3 lf (Signature certifies licensee or ssociates have not been cited during the past five years for any state /local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093 -10 �' °`° Minnesota Department of Public Safety oFTxesrgr s r� � F Alcohol and Gambling Enforcement f: 's 6: 0 444 Cedar Street, Suite 222 Y.; __ -_::'_ �Oi "'""`"�� St. Paul, MN 55101 1419 .vyO_ 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. 3.2ONSS t 12/31/20 33776 License Code License Period Ending City /County where license approved. Andover Licensee Name State of Bean Inr✓. Trade Name State of Bean Licensed Location address 15190 Bluebird St NW 4 #100 City, State, Zip Code Andover, t *1hl 55304 Business Phone LPL °163 _Zo - 33x1 LICENSE FEES: Off Sale $ On Sale $ Sunday $ '�. t'1 500. OO 0.00 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance will be kept in effect during the license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). Licensee Signatnre� � DOB 4S# 11 �b lZ (Signature certifies all above information to be correct and license has been approved by city /county.) City Clerk /County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued licenses only (Sig certiV censz is eligible for license). Police/Sheriff Sig 2furn '55 Date 7/ go �� (Signature certifies licensee associates have not been cited during the past five years for any state /local liquor law violations (criminaUcivil). Report violations on back, then sign here. PS 9093 -10 A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve 2013 Massage Therapist/Establishment Licenses DATE: December 18, 2012 INTRODUCTION Massage Therapist/Establishment licenses expire on December 31, 2012. DISCUSSION The following has applied for renewal of their license, paid the appropriate fee and been approved by the Sheriff s Office. Kristine Maravelas Lynnette Pint ACTION REQUIRED The City Council is requested to approve the licenses for the period of January 1, 2013 through December 31, 2013. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License application TNDOVgR* 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Therapeutic Massage Therapist License Application Pursuant to City Code 3 -6 the following information must be provided prior to approval: 1. Name of Applicant kri � \nP First Middle Last 2. Applicant's Date of Birth (must be 1S years old) 3. Telephone Number of Applicant_ 4. Home Address of Applicant_ '' l 5. I will be working as a massage therapist at: a Residential Home. Provide address & legal description of home �_ a Business. Provide'f address of business (; a tier, ra1<iic C'!- mzk% l e 7364 ij ) i^ over MAI 66304 6. Number of years experience as a massage therapist-.2 7. Previous employment as a massage therapist (list name, address and position held: 4 �t�130Z I �d�, s-- Ni Sr -e A-j90 ,� k r Ala;it (4,o a,- t/015636! 12/10/2012 16:46 7637674679 ANOKA CO SHER PATROL PAGE 06/13 8, De5cr.iption of any crime or, other offense, including the tirn(�, place, date, and. disposition for which the applicant .has been arrested and convicted: Provide a statement as to whether the Applicant has had any license denied, revoked or suspended in the City of Andover' or the State of Minncsota, the reason therefore, and the business activity or occupation of the applicant Sl.lbsequeilt to such suspension, revocation or denial., (Attach separate sheet) l-ti.rnish p7'00f Of L7radL121ti11u fl01 -n A 5chO01 of therap(,,utic inassage with a cor.0 curriculilln. of at least 500 hours of in- class, teacher supervised instruction Of which no more thail 200 hou.r5 shall be clinical trallllrlg. Prior to consideration of the Application An investigation shall. be made by the county sheriff's departimmt of all pei-sons listed nn the license applicatiolis. OF" vlampm u, Licenses expire oil December 31.11 of each yeaz'. Lack of payment of annual licensing; fee shall be cause for revocation of licei)se, `:Sign.ahi.reuf 1ppliiBEtt � n� .. mm emq wxwna�nen wxmmwe a.reamam�mm maame meat awamee. wwxea.4 wma aegwwr aaam n.� Massage Therapist Application Fee: `1.75,00 An:nual.]v (i-ncludes hivestigation fee) License #- 9,1%--,0D35 Date Paw,I D�--I o-:j Anoka Count} Sheriff: Approv City CI k: City Council: - -• --- t;�,pl:ove — __Deny 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 . WWW.ANDOVERMN.GOV THERAPEUTIC MASSAGE ESTABLISHMENT LICENSE APP7CATION 1. Name of Applicant 0 F., V, `�' , rr 4T -r, First Middle i . last 2. Applicant's Date of Birth (must be is vrs old) _ 3. Telephone Number of Applicant 4. Home Address of Applicant (` 5. Address of Business /Premises to be Licensed I S_' Q o �."— I � f `, � 6. Name of Business/Premises 7. Telephone Number for Business/Premises 1-(03 - L- -L (- (�� 8. Legal Description of Business/Premises to be Licensed 9. Name of Owner of Premises to be Licensed 10. Address of Owner of Premises to be Licensed 0 11. Within the preceding five years has the applicant or spouse been convicted of any felony, crime or violation of any ordinance other than traffic. If so, provide the state or county of conviction, the ctate f c nviction and the specific crime so committed. 12. If the applicant is a corporation list the names, addresses and dates of birth of all persons-baying a beneficial interest herein (i.e. officers dl rirtnre etnnlA lA-- -\ n - . v . , " - %-. 1. 13. Description of services to be provided. f Jnl` t�- W.aN� Ss/tA-u 5 12/13/2012 12:42 7637674679 ANOKA CO SHER PATROL PAGE 03/04 The information requested in items 1,2,3 and 9 must be provided for all owners, lessees, operators and massage therapists of the proposed therapeutic massage establishment, t '"� :Each applicant for a license steal[ file with the city a public liability insurance policy or certificate of insurance from a company authorized to do business in the state of Minnesota, insuring the applicant against any and all loss arising out of the use, operation or maintenance of the therapeutic massage establishment. The policy of insurance shall be in limits of not less than five hundred thousand dollars ($500,000.00). Failure to keep in full force and effect the insurance required herein is grounds for revocation. Prior to consideration of the application by City Council, an investigation shall be made by the code enforcement officer- and the building official to determine compliance with this chapter of all premises proposed to be licensed., and by the County Sheriffs Department of all persons listed on the license application. 4Bllesse,;t,;t Applicant and associates in this application will strictly comply with all ordinances of the City. I hereby certify that I have read the foregoing questions and that the answers are true of my own knowledge. Licenses expire on Docember 3l" of each year, Lack of paymenf of annual licensing fee shall. be cause for revocation of license. Y, Si,¢ure nE Applieatit' gir ntc License Fees: _ Single Application: $200.00 Corporate Application: $300.00 Partnership Application: $300.00 Residential Application: Conditional Use Permit (rercrto fecScIledulcl'nrfee) (lees include investigation fee) I Renewal .Fee: $130.00 L_- License #(��- �d rl,,,inttount Paid _��a• � _ Date Paid1� Anoka County Sheriff: IN�3`12' ppro Denv City Cleric Approve Deny City C:oun.cil *: Approve -Deny * Council needs to approve Conditional Use Perinit requests only, A �A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Cou CC: Jim Dickinson, City FROM Michelle Harmer, Deputy I-,ny %,ierx SUBJECT: Approve 2013 Animal Control Contract DATE: December 18, 2012 INTRODUCTION Attached is the proposed animal control contract for 2013. DISCUSSION The proposed contract reflects no rate changes from 2012. ACTION REQUIRED The City Council is requested to approve the animal control contract for 2013. Respectfully submitted, Michelle Harmer Deputy City Clerk Attach: 2013 Contract ANIMAL CONTROL AGREEMENT THIS AGREEMENT, made this 1" day of January 2013, by and between Marline Skinner, 28901 Dahlia St., Isanti, Minnesota, 55040, hereinafter referred to as "Contractor ", and the City of Andover, Minnesota, hereinafter referred to as "City ". WITNESSETH, that Contractor and City, for the consideration stated herein, mutually agree as follows: STATEMENT OF WORK. Contractor shall furnish all labor, equipment, and services performed for the job of animal control officer for the City, as set forth below in an efficient and workmanlike manner in accordance with this Agreement. Contractor shall comply with all federal, state, and local laws and ordinances in performing the duties as specified herein. THE CONTRACT PRICE. The City will pay Contractor for performance of this Contract, in current funds as follows: a. Sixty and no /100 Dollars ($60.00) per animal for pick -up of dogs or other animals as directed by the members of the Anoka County Sheriff's Office, City Council, or City Clerk whether an animal is then actually picked up or if the Contractor goes to a place as directed and finds there is no animal to be picked up. b. Twenty and no /100 Dollars ($20.00) boarding fee per day, per dog c. Twelve and no /100 Dollars ($12.00) boarding fee per day, per cat. d. Seventy Five and no /100 Dollars ($75.00) per animal for pick up of dogs or other animals during closed hours (see attachment). Owners will be charged Seventy Five and no/Dollars ($75.00) for late fee. e. Thirty and no /100 Dollars ($30.00) per additional animal picked up during the same call. f. The fees for animals picked up more than once will be doubled for owners. CONTRACTOR'S DUTIES. Contractor shall upon request of the members of the Anoka County Sheriffs Office, City Council, or the City Clerk take all reasonable steps to catch and take into custody any animal determined to be in violation of any City Ordinance or Minnesota State Statute. All apprehensions of dogs or other animals directed by the members of the Anoka County Sheriffs Office, City Council, or the City Clerk shall be treated humanely and shall be delivered into the custody of the party or facility designed by the City. The Contractor agrees to comply with all the state laws regarding waiting periods. The Contractor shall supervise the advertisement and publication of notice when an animal has been picked up. 4. IDENTIFICATION. The City shall provide Contractor with appropriate credentials and/or identification to identify her as the "Animal Control Official for the City of Andover ". 5. IDEMNIFICATION. Contractor agrees to indemnify and hold the City harmless against all claims, losses, causes of action, and expenses, including legal expenses, relative to Contractor's performance of this Contract. City shall not be liable for any loss suffered by Contractor due to personal injury or because of damage to, or destruction of, any property, or any loss of profits or other consequential damages or any inconveniences resulting from the theft, damage to, or destruction of personal property. City may, at its option, but with no obligation to do so, obtain insurance covering Contractor against liability to third parties relative to Contractor's performance of this Contract. Contractor shall be solely responsible for obtaining, at her own expense, any insurance coverage which she may desire insuring herself against personal injury or property damage or against liability to third parties. 6. LEGAL STATUS. The parties agree that the Contractor is in full control of the manner in which work is pursued and the Contractor shall not receive retirement benefits, PERA benefits, or any other fringe benefits offered to employees of the City and shall, in all respects be deemed an Independent Contractor. TERMINATION. It is further agreed that in a case of violation, breach or non- performance by Contractor of any of the agreements contained in this Contract, City shall have the right to declare this Contract immediately null and void upon written notice to Contractor. 8. REPRESENTATION. The Contractor represents that she employs employees who are properly trained to perform the Contract, and if required by the State, are certified by the State of Minnesota. TERM. This Contract shall become effective upon its execution and continue month to month with a 60 -day notification of termination. No amendment or modification of this Contract shall be effective unless made in writing and signed by both the City and the Contractor. IN WITNESS THEREOF, the parties have executed this Contract at the City of Andover, Minnesota, on the day and year first above written. Contractor CITY OF ANDOVER By: Mayor Attested by: City Clerk DOVE^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Dire FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Adopt 2013 Fee Ordinance DATE: December 18, 2012 INTRODUCTION Each year staff reviews the fees that are charged for various permits, licenses, service charges and other items and recommends changes to certain fees. DISCUSSION The proposed 2013 Fee Ordinance is attached. Additions are highlighted in red and deletions are designated with a strike - through. Included are utility rate adjustments approved through the Capital Improvement Plan rate analysis and the change in the number of water rate tiers. Also included in this item would be the extension of the Pilot Project for Developer Installed Improvements through 2013. This project was initiated in the spring of 2012 that allows fixed fees, along with park dedication.and trail fees, to be collected at the time of building permit and variable fees be collected at the time of final plat. BUDGET IMPACT This will establish the 2013 Fee Ordinance used to charge for various permits, licenses, service charges and other items. ACTION REQUESTED The Andover City Council is requested to adopt the attached Fee Ordinance for 2013 effective January 1, 2013 and the summary of the ordinance for publication; in addition to, extending the Pilot Project through 2013. Respectfully submitted, Lee Brezinka Attachments: 2013 Fee Ordinance Summary of 2013 Fee Ordinance CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE AMENDING CITY CODE 1 -7 -3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following permit fees and service charges are hereby established for the year 241-2-2013. Administration: Administrative Fee: (non project related activity) 15% of total charges for overhead costs Approval/Recording of Deeds: Abstract & Torrens Properties $100.00 Bad Check Fee: $30.00 Canvasser /Solicitor License: Investigation Fee $25.00 per individual - 30 day license (Ord 352) City Publications: Budget $25.00 Financial Statements $25.00 Comp Plan $25.00 Copies: (per sheet) Up to 8 ' /2" x 14" $0.35 Oversize $0.50 18 "x24" $3.00 24 "x36" $4.00 Larger Sizes $7.00 Surveys $3.00 Surveys Requested by Owner $1.25 City Code - paper copy $50.00 Dog Licensing: Yearly License $6.00 per year Commercial Kennel (more than 3 dogs) $380.00 - includes mailing labels Commercial Kennel Recording Fees Abstract and Torrens $100.00 Private Kennel (more than 3 dogs) $200.00 Includes mailing labels Annual Kennel Renewals $25.00 Facility Use Fees: Sunshine Park Gazebo Rental $30.00 per 4 hour period Non- Profit/Service Organizations N/C weeknights after 4:30 p.m. Monday - Friday Sunshine Park Conference Room Non-Profit/Service Organizations $100.00 refundable key /damage /maintenance deposit For - Profit Organizations. /Businesses $25.00 + $100.00 refundable key /damage /maintenance deposit Sunshine Park Building - Athletic Assns $100.00 refundable key /damage /maintenance deposit City Hall Front Conference Room Non- Profit/Service Organizations $100.00 refundable key /damage /maintenance deposit For - Profit Orgs/Businesses $25.00 + $100.00 refundable key /damage /maintenance deposit Council Chambers Non- Profit/Service Organizations $100.00 refundable key /damage /maintenance deposit For - Profit OrgsBusinesses $25.00 + $100.00 refundable key /damage /maintenance deposit Page 1 City Hall Lunchroom Non- Profit/Service Organizations $100.00 refundable key /damage /maintenance deposit For - Profit OrgsBusinesses $25.00 + $100.00 refundable key /damage /maintenance deposit Field Lights $100.00 refundable key /damage /maintenance deposit Community Center Prime Time Ice Rental Weekdays 3:00 p.m. to 10:00 p.m. $190.00 per hour Weekends 7:00 a.m. to 10:00 p.m. $190.00 per hour Non -Prime Ice Rental $140.00 per hour Open Skate $5.00 adults $4.00 students age 18 and under Prime Time Field House Rental Weekdays 3:00 p.m. to 10:00 p.m. $46.00 per hour Weekends 7:00 a.m. to 10:00 p.m. $46.00 per hour Non -Prime Field House Rental $38.00 per hour Open Gym Youth $3.00 per session Adult - Resident $3.00 per session Adult - Non Resident $5.00 per session Helmet Rental $2.00 Skate Rental $3.00 Skate Sharpening $4.00 Meeting Rooms h Room $25.00 Full Room $50.00 False Alarm Fine: (Police & Fire) $75.00 fee upon receipt of third false alarm notice at an address in one calendar year. Each additional false alarm after the third is $75.00. Garbage Hauler License: $150.00 per year + $25.00 per truck inspection $50.00 re- inspections per truck Horses: Boarding & Stable Fee of Stray Horses By City Per contracted rate + administrative fee Impoundment of Horses (city ordered) Per contracted rate + administrative fee Transportation (trailer rental) Per contracted rate + administrative fee Interest Charge on Past Due Escrows: 18% annually (if not paid within 30 days of bill date) Liquor: 3.2 % Malt Liquor Off Sale $75.00 per year On Sale $200.00 per year Temporary On Sale $25.00 - 3 day maximum 2:00 a.m. Closing $50.00 per year Intoxicatin¢: Sunday Liquor $200.00 per year On Sale Liquor $5,250.00 per year On Sale Wine $500.00 per year Off Sale Liquor $200.00 per year 2 a.m. Closing $50.00 per year Liquor Compliance Violations 151 Violation $750.00 2"a Violation $1,500.00 3`d Violation $3,000.00 4° Violation Suspension or revocation Page 2 Page 3 Maps: City Maps $3.00 Zoning Maps 11 "xl7" colored $4.00 Topographical Maps $11.00 per acre Full Size Color Maps 36 "x36" $15.00 %2 Section / Address Book $38.00 Custom GIS Maps Time and materials Notary Fee: $3.00 per document Outdoor Food & Beverage Sales /Temp. Retail Food Establishment: $25.00 — 10 day license Outdoor Party Permit Fee: $10.00 Barricades $50.00 refundable damage deposit Outdoor Promotional Fee-Temporary: $100.00 per event Parking Violations: Street Obstructions: Golf Carts, Motorized Vehicles, Snowmobiles, ATVs, Off - Highway Motorcycles, Abandoned and Disabled Vehicles $50.00, plus any court imposed fees and/or surcharges Trailer Parking $50.00 Peddler License: $100.00 — 30 day license Project Recovery Rate Factor: Engineering Inspection Services 2.9 x hourly rate City Staff Services 2.0 x hourly rate (All projects directly related to staff time. All public & private improvement projects.) Searches: City Utility $20.00 each Special Assessment $25.00 each Therapeutic Massage Establishment * *: All fees include investigation fee Single Application Fee $200.00 Corporate Application Fee $300.00 Partnership Application Fee $300.00 Renewal Fee $150.00 ** Residential Application Requires a Conditional Use Permit Therapeutic Massage Therapist: $175.00 annually Tobacco License: Admin & Enforcement $250.00 Tobacco Compliance Violations Ist Violation $75.00 2 °a Violation within 24 months $200.00 3`d Violation within 24 months $250.00 in addition to license suspension for not less than 7 days Individual selling to a minor $50.00 Transient Merchant License: $50.00 - 7 day license Tree Trimmer License: Commercial License Fee $50.00 per year Vehicle Sales License: $105.00 per year Page 3 RESIDENTIAL ELECTRICAL PERMIT FEE SCHEDULE ** Add $5.00 per permit for State Surcharge ** Electrical wiring installed or altered in any new or existing buildings shall have an electrical permit filed on or before any work has been started. Permits and permit fees shall be filed by the responsible individual /electrical contractor that is providing the electrical work. 1. Minimum fee (does not include state surcharge) $ 45.00 2. Single family dwelling and multi - family dwelling with individual service $148.50 up to 200 amp service and 30 circuits, max. three trips 3. Swimming pool, spa, fountain $ 45.00 4. Finish basement, rough in and final inspection $ 90.00 5. Electrical panel change out, repair or service upgrade, or new service or power supplies to separate structures 0 -400 amperes $ 45.00 401- 8001mperes $ 66.00 more than 800 amperes $110.00 6. 0 -200 ampere circuits $ 6.60 7. More than 200 ampere circuits $ 16.50 8. Electrical re- inspection per trip (does not include state surcharge $ 45.00 9. Fee for electrical work started without a permit double the inspection fee 10. Residential Service Change Fuses to breakers $ 75.00 COMMERCIAL ELECTRICAL PERMIT FEE SCHEDULE ** Add $5.00 per permit for State Surcharge ** Electrical wiring installed or altered in any commercial type building shall be performed only by a licensed electrical contractor. An electrical permit shall be filed with the City by the electrical contractor on or before the electrical work has been started. Services Reference Fee 0 - 400 amp $ 45.00 ea 401 - 800 amp $ 66.00 ea More than 800 amp $110.00 ea Additional charges: Circuits & Feeders Reference Fee 0 - 200 amp $ 6.60 ea More than 200 amp $16.50 ea Multi- family dwelling with common service, each unit Street, parking and outdoor lighting standards (each standard) Traffic signals Transformers for light, heat and power (0 -10 KVA) Transformers for light, heat and power (more than 10 KVA) Transformers for electronic power supplies, signs and outline lighting Alarm communication, remote control and signal circuits less than volts, each Minimum commercial electrical fee (does not include state surcharge): Electrical reinspection fee per trip (does not include state surcharge): Page 4 $77.00 $ 5.50 ea $ 5.50 ea $16.50 ea $33.00 ea $ 5.50 ea $ 0.83 $45.00 $45.00 Rnilrlina inenPrtinnc .f. Permittino Agricultural Building Permit: $5.00 Air Conditioning Installations: $75.00 (State Surcharge Add $5.00) Air to Air Exchange Permit: $75.00 (State Surcharge Add $5.00) Basement Refmishin Permit: $100.00 (State Surcharge Add $5.00) Building Department Escrows: As -Built Survey $500.00 Grading & Erosion Control $1,500.00 Black Dirt & Sod 15 ft. wide blvd. (Urban lot) $0.33 per sq. ft. Topsoil, Seed & Mulch 18 ft. wide (Rural lot) $0.09 per sq. ft Front Yard Sod or Seed (Urban Lot) $2,500.00 Hydro - seeding - (in addition to sod escrow) $160.00 Retaining Wall $25.00 per sq. ft. Driveway (Urban lot) $1,181.00 Driveway Apron (Rural lot) $400.00 Steps $100.00 per riser Sidewalk $3.00 per sq. ft. Garage Floor $3.00 per sq. ft. Trees $750.00 Building Re-inspection Fee (after 2 Id inspect): $50.00 established under state bldg code Certificate of Occupancy: $10.00 Commercial Building Permit Fee Schedule: 1. State of Minnesota Building Valuation Data, Dated 05/98. 2. Fees for Commercial Buildings Computed on Contract Bid Price. 3. Plan Check Fee shall be 65% of Permit Fee. 4. Fees shall be based on the 1997 Uniform Building Code Schedule IA. 5. The above fees apply to all new construction, alterations & repairs. Commercial Plumbing Plan Review: 25% of the plan review fee (from the 1997 UBC fee schedule) when plan reviews are completed by the State Plumbing Division or State Building Division and the city does the inspections (Minnesota rule part 1302.0600, subparts 1, 2, and 4) Contractor Licenses: Contractor Verification Fee $5.00 Contractor License $50.00 Demolition Permits: Single Family Structures $100.00 Two Family Structures $150.00 Single/Double Garages $75.00 Bams $75.00 Multiple Family Structure First Two Units $150.00 Each Additional Unit $50.00 Commercial Units $10.00 per $100.00 Demolition Costs ($200.00 minimum) Escrow Inspection Fee: $50.00 per inspection Footing to Grade: $50.00 per inspection Garage Furnace Permit: $75.00 per unit (State Surcharge Add $5.00) Gas Fireplace Permit: $75.00 per unit (State Surcharge Add $5.00) Geo- thermal Heating Permit: $75.00 (State Surcharge Add $5.00) Grading Inspection Fees (engineering): First Inspection No charge (included in bldg permit fees) Second Inspection No charge (included in bldg permit fees) Third Inspection $75.00 Fourth Inspection $125.00 Fifth and any subsequent Inspections $150.00 each Heating Installations: Furnace / Air Combo $85.00 (State Surcharge Add $5.00) Boiler $75.00 (State Surcharge Add $5.00) In Floor Heating $50.00 (State Surcharge Add $5.00) Furnace $75.00 (State Surcharge Add $5.00) Water Heaters $50.00 (State Surcharge Add $5.00) House Moving Permit: $75.00 Lawn Sprinkler Permit: $50.00 (State Surcharge Add $5.00) Page 5 Plan Check Trees Protection/Inspection: $65.00 Plan Check Fees: Residential 65% of permit fee Plumbing: (per opening) $10.00 (Minimum fee $70.00) (State Surcharge Add $5.00) Re-roofing Permit: $75.00 (State Surcharge Add $5.00) Multi - Family Rental Housing License (see ord.): Structures without fire suppression systems $75.00 per unit inspected every two years (except owner occupied) Bldg code & fire code inspections. Structures with fire suppression systems $52.00 per unit inspected every two years (except owner occupied) Bldg. Code & fire code inspections. This includes common areas in the building. Re- inspection Fee per Call (2 °d) $50.00 Single - Family Rental Housing License (see ord.): $50.00 per unit inspected every two years. Re- inspection Fee per valid complaint $50.00 Septic System: Pumping $15.00 New Installation or Repair: At Grade $75.00 Mound or Bed $100.00 Siding Permit: $75.00 (State Surcharge Add $5.00) Page 6 VnoinPPrino Curb Cut Permit: $50.00 permit issuance Driveway - Secondary: Request / Construction $500.00 refundable deposit. Note: will be refunded once driveway requirements are inspected and approved. Hold Harmless / Encroachment Agreement Fee: $100.00 Fence (Plan Check): $23-00 $30.00 Flood Zone Search/Map: $15.00 Retaining Wall Plan Check): $25-.00 $30.00 Rights -of -Way Permit Fee Structure: Annual Registration Fee $50.00 Excavation Permit Fee $200.00 Per Add'1 Excavation (paved area) $30.00 Per Add'1 Excavation (unpaved area) $15.00 Trench Fee Underground Utility/Telecom Installation $40.00 per 100 L.F. Directional Boring or Tunneling (in addition to excavation permit fee) Underground Utility/Telecom Installation Open $55.00 per 100 L.F. Trenching (in addition to excavation permit fee) Overhead Utility/Telecom Installation (in addition $5.00 per 100 L.F. to excavation permit fee) Obstruction Permit Fee $50.00 Permit Extension Fee $55.00 Annual Mapping Fee $10.00 per Permit ($0.00 if in the City format) Delay Penalty (up to 3 days late) $60.00 (each day late over 3 days) Plus $10.00 per Day Individual Service Work in the Right -of -Way $500.00 annual fee or $10.00 per service Per Lot Fee (Can be used as an alternative for new developments) Urban Rural Connexus Energy $31.00 per lot $35.00 per lot Reliant Energy $39.00 per lot $60.00 per lot Qwest $24.00 per lot $40.00 per lot AT & T $34.00 per lot $47.00 per lot Special Assessment Costs (Estimated): See Development Contract Escrows Street Opening Permit Sewer & Water): $350.00 - Permit & Engineering Inspection Trail Fee (Bikeway/Pathway): Residential $793.00 $725.00 per unit Internal Trails (New Plats) Developer's Responsibility Commercial/Industrial Developer's Responsibility Collected pursuant to development contract or Council resolution Vacation of Easement $125.00 - Includes mailing labels Recording Fee: Abstract and Tor•ens $100.00 CITY INSTALLED IMPROVEMENTS Part A of Development Contract 1. Developer's Improvements Costs Erosion Control .............................. ............................... • Tree Protection ............................... ............................... • Street Sweeping .............................. ............................... • Iron Monuments ............................. ............................... • Grading, Clearing & Grubbing Certification, As- Builts • Tree Removal ................................. ............................... • Installation of Street Lights ............ ............................... • Grading Certification & As- Builts . ............................... • Landscaping Improvements (if required) ..................... • Sodding of Boulevard (if required in common areas) .. ................. ............................... $750.00 ................. ............................... $750.00 .............. ............................... $1,000.00 .... ............................... $100.00 per Lot ............ Value of Work Not Completed ............. ............................... $1,000.00 ........... Value of Work Not Completed .............. ............................... $2,500.00 ............ Value of Work Not Completed ............ Value of Work Not Completed • The estimated engineering, legal, and administrative fees are 15% of the total estimated cost for the developer's improvements. • The total Developer's Improvement costs (including engineering, legal, and administrative) are then multiplied by 150% to establish the Developer's Security for the project. Part B of Development Contract 1. Developer's Improvements Costs • Streets & Utilities (Based on Developer's estimated construction cost ) .............................. Value of Work • Trails / Sidewalks .................................. ............................... ..........................Value of Work • The estimated engineering, legal, and administrative fees are 15% of the total estimated cost for the developer's improvements. • The total Developer's Improvement costs (including engineering, legal, and administrative) are then multiplied by 105% to establish the Developer's Security for the project. 2. Proiect Security Requirements Prior to Final Street & Utility Plans & Specifications are as follows: a. Developer to escrow 6% of estimated construction cost to complete street and utility construction plan, if plans are requested prior to the execution of the development contract. This will be returned to the developer when the development contract is executed. This only applies to urban developments. Special Assessment Costs (estimated) 1. Estimated Construction Costs (costs vary according to project requirements) ✓ Lateral Sanitary Sewer ✓ Storm Sewer ✓ Trunk Sanitary Sewer ✓ Streets ✓ Lateral Water Main ✓ Sidewalks ✓ Trunk Water Main ✓ Other All project cost estimates are identified within the project feasibility report. The construction cost estimates are based on current industry construction cost standards. The final construction costs are based on competitive bids and final construction quantities. Development of Street & Utility Feasibility Report ........................ ......................$7,500.00 2. Estimated Project Expenses: ✓ Engineering - The estimate is based upon project size, scope and complexity. The amount assessed is based upon billable hourly rates times project recovery rate factor. ✓ Aerial Mapping - 1% of Street. The estimate is based upon 1% of the value of the street construction. The final value is based upon I% of the final street costs. ✓ Administration - 3 %. The estimate is based upon 3% of the estimated construction cost. The final value is based upon 3% of the final construction cost. ✓ Assessing - 1 %. The estimate is based upon 1% of the estimated construction cost. The final value is based upon 1% of the final construction cost. ✓ Legal - Legal costs will be actual billing. Page 8 ✓ Easement - Estimates are project- specific. ✓ Advertising — Project specific. ✓ City Costs - Includes inspection and city related project costs. ✓ Street Signs - The cost is based upon the size of the project. See Signs under the Public Works section for cost determination. ✓ Construction Interest — Rate is determined at time of project estimate. ✓ Bonding - 0.5% of total project cost. ✓ Drainage Plan - 0.3% of street & storm sewer costs. ✓ County Road Improvement Fee (if applicable) — Project - specific, determined at Preliminary or Final Plat 3. Crack Seal and Seal Coating: $2.00 x sq. yd. of paved street surface. DEVELOPER INSTALLED IMPROVEMENTS Part A of Development Contract 1. Developer's Improvements Costs • Erosion Control .............................. ............................... • Tree Protection ............................... ............................... • Street Sweeping .............................. ............................... • Iron Monuments ............................. ............................... • Grading, Clearing & Grubbing Certification, As- Builts • Tree Removal ................................. ............................... • Installation of Street Lights ............ ............................... • Grading Certification & As- Builts . ............................... • Landscaping Improvements (if required) ..................... • Sodding of Boulevard (if required in common areas) .. ................. ............................... $750.00 ................. ............................... $750.00 .............. ............................... $1,000.00 .... ............................... $100.00 per Lot ............ Value of Work Not Completed ............. ............................... $1,000.00 ........... Value of Work Not Completed .............. ............................... $2,500.00 ............ Value of Work Not Completed ............ Value of Work Not Completed • The estimated engineering, legal, and administrative fees are 15% of the total estimated cost for the developer's improvements. • The total Developer's Improvement costs (including engineering, legal, and administrative) are then multiplied by 150% to establish the Developer's Security for the project. Part B of Development Contract 1. Developer's Improvements Costs • Streets & Utilities (Based on Developer's estimated construction cost) ................... Value of Work • Trails / Sidewalks ....................... ............................... ..........................Value of Work • The estimated engineering, legal, and administrative fees are 15% of the total estimated cost for the developer's improvements. • The total Developer's Improvement costs (including engineering, legal, and administrative) are then multiplied by 105% to establish the Developer's Security for the project. ProiectExpenses 1. Proiect Expenses — collection of expenses will be outlined in the development contract aereed to before street and utilit construction can beein: ✓ Aerial Mapping - 1% of Street. The estimate is based upon 1% of the value of the street construction. The final value is based upon 1 % of the final street costs. ✓ Administration - 2 %. The estimate is based upon 2% of the estimated construction cost. The final value is based upon 2% of the final construction cost. ✓ Crack Seal and Seal Coating - $2.00 x sq. yd. of paved street surface. ✓ * Water Area Charge — Refer to Water Fees, Page 14 ✓ * Water Connection Fee - Refer to Water Fees, Page 14 ✓ * Sanitary Sewer Area Charge — Refer to Sanitary Sewer Fees, Page 13 ✓ * Sanitary Sewer Connection Fee - Refer to Sanitary Sewer Fees, Page 13 ✓ * Sanitary Sewer Lift Station Connection Fee (if applicable) — Refer to Sanitary Sewer Fees, Page 13 ✓ * Sanitary Sewer 2nd Lift Station Connection Fee (if applicable) — Refer to Sanitary Sewer Fees, Page 13 ✓ * Sanitary Sewer & Water Main Railroad Crossing Fee — Refer to Sanitary Sewer Fees, Page 13 ✓ County Road Improvement Fee (if applicable) — Project specific, determined at Preliminary or Final Plat Page 9 2. Proiect Security Requirements Prior to Final Street & Utility Plans & Specifications are as follows: a. Developer to escrow 6% of estimated construction cost to complete street and utility construction plan, if plans are requested prior to the execution of the development contract. This will be returned to the developer when the development contract is executed. This only applies to urban developments. 3. City Costs including engineering (design), inspection and City related project costs. The amount of expenses shall be invoiced to the developer as work is completed. Page 10 Fire Accident Response Fees * *: Each Fire Engine/Pumper $250.00 per hour Each Utility Vehicle or Pickup, Command Van $125.00 per hour Ladder / Aerial Truck $500.00 per hour 6 -wheel ATV $75.00 per hour Each Firefighter $18.00 each, per hour Chiefs) response $100.00 per hour Fire Marshal response $70.00 per hour ** Fees would be charged to the insurance companies of the parties involved. Fire officer would collect information needed to charge on the scene. The resident, should the insurance company not pay, will not be responsible for the charges. Copies of Fire Reports: $20.00 Building and Fire Re-inspection Fees: $50.00 per hour Burning Permits: $20.00 Fire & Pyrotechnics Special Effects: $250.00 Gas Pipeline Response Fees * *: Each Fire Engine/Pumper $250.00 per hour Each Utility Vehicle or Pickup, Command Van $125.00 per hour Ladder / Aerial Truck $500.00 per hour 6 -wheel ATV $75.00 per hour Each Firefighter $15.00 each, per hour Chiefs) response $100.00 per hour Fire Marshal response $70.00 per hour ** This fee would be charged to contractors or sub - contractors who hit properly marked gas lines. Charges would not apply to residents who hit a gas line. Home Occupation Inspections: $50.00 per hour Inspection Fees: Aboveground Storage Tanks Permit Fee — 1.25% of total project value (minimum $25.00). Plan Review Fee — 65% of permit fee (minimum $25.00). Commercial Hood Extinguishing Systems Permit Fee — 1.25% of total project value (minimum $25.00). (plan review, permit, inspection, modification) Plan Review Fee — 65% of permit fee (minimum $25.00). Day Care Licensing Inspections $50.00 per inspection (includes 1 re- inspection) Fire Alarm Systems (plan review, permit, Permit Fee — 1.25% of total project value (minimum $25.00). inspection, modification) Plan Review Fee — 65% of permit fee (minimum $25.00). Fire Sprinkler Monitoring Systems (plan Permit Fee — 1.25% of total project value (minimum $25.00). review, permit, inspection, modification) Plan Review Fee — 65% of permit fee (minimum $25.00). Fire Sprinkler Systems (plan review, Permit Fee — 1.25% of total project value (minimum $25.00). permit, inspection, modifications) Plan Review Fee — 65% of permit fee (minimum $25.00). Underground Storage tanks (plan review, Permit Fee — 1.25% of total project value (minimum $25.00). install and removal) Plan Review Fee — 65% of permit fee (minimum $25.00). Other Inspections as Requested: $50.00 per hour Special Investigation as Requested: $50.00 per hour Page 11 D... 4.. Ball Field Usage: Adult Rec Play $75.00 per team, per season $10.00 additional, per player, non - resident fee Youth Rec Play $0.00 per team, per person $0.00 additional, per player, non - resident fee Note: Includes the use of fields for both lighted and non - lighted Field without Lights (Private Use) $15.00 per hour or $75.00 per day Field with Lights (Private Use) $20.00 per hour or $100.00 per day Rental Equipment for Tournament Limer $6.00 per tournament Lime $7.00 per bag Drag $3.00 per tournament Hose and Nozzle $3.00 per tournament Batter's Box $3.00 per tournament Weekend Tournaments No Field Maintenance /Adult $275.00 tournament fee for the park plus $200.00 field usage fee per field No Field Maintenance/Youth $275.00 tournament fee for the park plus $100.00 field usage fee per field, youth organizations not affiliated with Andover Youth With Field Maintenance /Adult $650.00 tournament fee for the park plus $200.00 field usage fee per field With Field Maintenance/Youth $650.00 tournament fee for the park plus $100.00 field usage fee per field, youth organizations not affiliated with Andover Youth Note: 1 day tournaments will be charged 75% of the tournament and field usage fee. Hockey Rinks: Rink with lights (Adults) $18.00 per hour Park Dedication Fees: Single Family Residences $2,650.09 $2,732.00 per unit Town Home and Twin Home $2,650:00 $2,732.00 per unit Apartment (Multi - Family) $2,650:00 $2,732.00 per unit Lot Splits $2,650:00 $2,732.00 per unit Commercial/Industrial $7,,950.00 $8,192.00 per acre or 10% of market value of land, whichever is less (per Ord. 10 Sec.9.07.5) Collected pursuant to development contract or Council resolution Vehicle Rental — Truckster: $50.00 per day and $350.00 refundable damage deposit Page 12 Planning Adult Use Business License: $8,000.00 per year (see ordinance) Commercial Site Plan Review: Escrow for services & agree to reimburse city for $1,500.00 for small projects less than 5,000 sq. ft. services provided. $2,000.00 for projects between 5,000 and 10,000 sq. ft. $2,500.00 for projects 10,000 sq. ft. and greater Billable Staff Time x Project Recovery Rate Factor (2.0) Comprehensive Plan Amendment: $500.00 - Includes mailing labels Public Notification Sin $30.00 Conditional Use Permit Commercial $1,000.00 escrow - to facilitate ARC review Residential $350.00 - Includes mailing labels Amended Special Use Permit $200.00 - Includes mailing labels Public Notification Sign $30.00 Recording Fee $100.00 Lot Split Fee: Lot Split $300.00 - Includes mailing labels Public Notification Sign $30.00 Administrative Lot Split $30.00 — 5 acres or more Pawnbroker, secondhand goods dealer, precious metal License: New $5,500.00 per year Renewal $5,000.00 per year Plat Fees: Sketch Plan Fee $1,000 escrow for services & agree to reimburse city for all services provided. Billable Staff time x Project Recovery Rate Factor (2.0) Preliminary Plat Filing Fee $350.00 Final Plat Fee $150.00 Plat Escrow Deposit Urban Lot $350.00 per lot Rural Lot $700.00 per lot Public Notification Sign $30.00 Re- zoning: $325.00 - Includes mailing labels Public Notification Sign $30.00 Sign Permit: $2.00 per square foot/side $4.00 per square foot per side erected without permit if approved Towers & Antennas: Application Fee Special Use $1,000.00 $2,000.00 - Includes mailing labels Lease Rates Negotiated Variances: Zoning Ordinance Variance Requests $150.00 for single family $125.00 for other requests Zoning Letter: $50.00 Page 13 Public Works Street Sweeping: $40.00 (State Surcharge Add $5.00) Equipment Fee $110.00 per hour (minimum charge %2 hour) Labor Billable hourly rate times project recovery rate factor Signs: Materials Cost plus administrative fee Labor Billable hourly rate times project recovery rate factor Sanitary Sewer Hook-up Permit Fee: $40.00 (State Surcharge Add $5.00) Laterals: $43.00 per front foot Plumbing: Homeowner contracts for Sanitary Sewer Rates: Sewer Area Charge $1,613.00 per acre Sewer Connection Fee $435.00 per unit Commercial Connection Fee Rate = 1 connection fee for each SAC unit Sanitary Sewer Extra Depth Lateral Fee: Connection to lateral sanitary sewer at Xeon $15,000.00 plus cost index percentage (Engineers New Record) dated back to Street NW located within the Sophie's South September of 2004. (This connection will only be allowed by City Development Council approval.) (Ord.367, 4- 15 -08) South Coon Creek Drive Sewer Connection $59,138.00 plus cost index percentage (Engineers News Record) dated back to December 2012. Constructed with City Project #11 -10. Sanitary Sewer Lift Station Connection Fee: Fox Hollow Lift Station $225.00 per unit Shadowbrook Lift Station $976.00 per unit Chesterton Commons Lift Station (Lift Station #4) $952.00 per unit Constance Corners Lift Station (Lift Station #7) $967.00 per unit Aztec Estates Lift Station (Lift Station #5) $57,345.00 plus construction cost index percentage dated back to Jan. 2004 (Amount to be charged to remaining benefiting properties when developed.) Sanitary Sewer & Water Main Railroad Crossing Fee 161St Avenue: $2000 $208.00 per unit Sewer Availability Charge - Met Council Fee: $2,36-5:00 $2,435.00 Sewer Contracting: Equipment Fee $110.00 per hour Labor Fee Billable hourly rate times project recovery rate factor Sewer Usage Rates: Penalty /Late Payment 18% annually Quarterly Rate $59.37 per quarter Monthly Rate $19.79 per month Quarterly Rate (Senior Citizen Reduced Rate)* $29.69 per quarter Monthly Rate (Senior Citizen Reduced Rate)* $9.90 per month Quarterly Rate (Disabled Persons Reduced Rate)* $29.69 per quarter Monthly Rate (Disabled Persons Reduced Rate)* $9.90 per month *must meet income eligibility Storm Water Storm Water Utility Fee: Zoning Category Single Family Urban Single Family Rural, Estates, Suburban &Farmstead Manufactured Housing Multiple Dwelling Business, Commercial Industrial & Public Developed Parks Elementary & Middle Schools High Schools Churches Quarterly Rate Per Unit: $q-.74 $8.09 per unit $74-9 $8.09 per unit N/A $16.93 $17.80 per acre $321$34.35 per acre $x78 $8.09 per unit $159 $16.16 per acre $15.39 $16.16 per acre $15.39 $16.16 per acre N/A Page 14 Water Hydrant Meter Deposit & Rental Rates: Deposit Rental Rate 5/8" hydrant meter setup $250.00 $4.00 per day for the first 7 days $2.00 per day thereafter for full rental period 3" hydrant meter setup $600.00 $5.00 per day for the first 30 days $3.00 per day thereafter for full rental period 3" hydrant meter w/backflow preventer $1,000.00 $6.00 per day for the first 30 days $4.00 per day thereafter for full rental period Hydrant Use: Deposit (as stated above) plus standard water rates Laterals: $43.00 per front foot Service Charges: Labor Billable hourly rate times project recovery rate factor Testing 0 to 6" Meters Cost plus administrative fee Violation Penalties: May 15` through August 31s` I" Penalty Warning 2nd Penalty $100.00 3`d Penalty $200.00 4d1 Penalty $200.00 & Turned over to the City Attorney for criminal prosecution. Unit Connection Charges: Residential $3,972.00 $4,131.00 per unit Non - residential and Institutional (Land owned $11,916.00 � $12,393.00 per acre or operated by municipal, school district, county, state or other governmental agencies) Water Area Charges: Residential and Commercial &3-,640-90 $3,786.00 per acre Water Meter Charges: ' /a" Meter a 1� $154.03 #2 Horn (for 3/4" meter) $48.18 3 /a" Meter with #2 Horn $181.91- $202.21 Special Sizes Cost plus administrative fee Water Permit Fees: Service /Connection $50.00 (State Surcharge Add $5.00) Tapping Main $30.00 Disconnection/Reconnection Requests $50.00 HVAC $15.00 Re-Inspection (all) $50.00 per hour Water Usage Rates: Monthly Rate Structure $33 $5.26 Base Rate $ 82 per 1,000 r r 1' 3,090 o T- Gallons $1.89 per 1,000 €er 3,9017,000 $1.96 per 1,000 fer- 7,001 12,000 $2.07 per 1,000 fer- 12,001 201M $2.23 per 1,000 €- 20,9001 -33�w n $2.4 7 per 1,000 c . 33,001 67 nn $2.95 per 1,900 c 6:7,001 - cnnl and „t,oy $1.91 per 1,000 for 1' 6,000 Gallons $2.07 per 1,000 for 6,001 - 16,000 $2.43 per 1,000 for 16.001 - 33,000 $3.11 per 1,000 for 33.001 and above Monthly Minimum "$7.33 Penalty/Late Payment 18% Annually Page 15 Water Usage Rates (Cont): Quarterly Rate Structure Minimum per quarter Street LiAtin ... .... ... .... . ... $1.91 per 1,000 for 1S1 18,000 Gallons $2.07 per 1,000 for 18,001 - 48,000 $2.43 per 1,000 for 48,001 - 99,000 $3.11 per 1,000 for 99,001 and above $14.08 $14.57 18% Annually Quarterly Charges: Urban Residential Areas $8.00 per quarter Rural Residential Areas $13.60 per quarter Commercial Property $8.00 per quarter Adopted by the City Council of the City of Andover this 18`h day of December 2012. Attest: Michelle Harmer — Deputy City Clerk Page 16 Michael R. Gamache — Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. SUMMARY AN ORDINANCE ESTABLISHING PERMIT FEES, SERVICE CHARGES AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. The City Council of the City of Andover ordains: Section 1. Pursuant to Minnesota Law, the Andover City Code and upon a review by city staff, a fee schedule for city services, permit fees and various other fees is hereby adopted. 2013 Fee Schedule a) The city code of the City of Andover establishes that certain fees be set from time to time by the City Council. b) City staff has reviewed the current Fee Schedule for the City of Andover and is hereby recommending that the 2013 Fee Schedule, which is available for inspection in the office of the City Clerk, be adopted. C) Upon consideration and review by the City Council, the 2013 Fee Schedule is hereby adopted and becomes effective January 1, 2013. Section 2. This ordinance shall be in full force and effect January 1, 2013. Adopted by the City Council of the City of Andover this 18th day of December, 2012. CITY OF ANDOVER Attest: Michael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk k NT Y O F D OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City FROM: David Berkowitz, Director of Public Works /City Engineer SUBJECT: Approve Declaration of Encroachment Easement, Conditions and Covenants/Lot 7, Block 1 Timber Trails - Engineering DATE: December 18, 2012 INTRODUCTION The City Council is requested to approve a Declaration of Encroachment Easement, Conditions and Covenants agreement for Lot 7, Block 1 Timber Trails (17615 Xenia Street NW). DISCUSSION A pool was constructed on this property in 2000 which encroaches into an existing drainage and utility easement that is shown on the attached survey. The property currently has a pending sale and through the process the title company identified the encroachment and gave three options to resolve the issue. The three options are move the pool out of the easement, vacate the easement or enter into an encroachment agreement with the City. As staff spoke with the realtor the best options to meet the timeframe for the pending sale is to enter into a Declaration of Encroachment Easement, Conditions and Convents agreement that will be recorded with the property. The agreement is attached for your information and has been reviewed and approved by the City Attorney. ACTION REQUIRED The City Council is requested to approve the attached Declaration of Encroachment Easement, Conditions and Covenants agreement for Lot 7, Block 1 Timber Trails (17615 Xenia Street NW). Respectfully submitted, David D. Berkowitz Attachments: Location Map, Survey & Declaration of Encroachment Easement, Conditions and Covenants Agreementy I T Y 0 C x- -- Feet 0 25 50 100 150 1177,724 " ;. .•, Project Location: 17615 Xenia St. 3703 XFN /A ST 177TH AVE dbL v Nl.'b..anai__ w 847 - ti s .+.1€'3795 . .,j f µ. �17,6THLN /gip' y1 n s `•, °' / '� +' '�•. , ' `r iC, !� 17662 ii t. atf al r, r t t IL ,S 3824 � s . Vr t 1 r } x N T , R uJ Z s. 6 Ir k. 175'5'- 4r 17574 Ju¢l .k ILIA lr y. t'* 1 17615 Xenia St.e. Lot/Parcel�`'�" v :,.,'• - 17527 �• -_" HY -LAND SURVEYING, P.A.© N LAND SURVEYORS 11947 Idaho Ave. N. INVOICE NO. 32725 Champlin, Minnesota 55316 F.B. NO. Xxx PHONE (763) 323 -1300 SCALE 1 "= 40 W E FAX (763) 323 -7035 Si hlandsurvey@qwestoffice.net O Denotes Iron Monument Found Ourvegors (ardifirair S NOTE: PROPERTY CORNERS SET BY DEVELOPERS SURVEYOR E-4 W O 00 rlr� ^^l O v1 C/) N 00 W MARK & LISLEE YSETH ADDRESS: 17615 Xenia Street NW Andover. Mn. \ / 1 I \ \ G EyN� 56 X21\0 04 \ Paw Walk Pod Houee DRAINAGE & UTILITY EASEMENT 245.00 LOT 7, BLOCK 1, TIMBER TRAILS This survey Is certlfled only to the above named person or persons and not to subsequent owners, mortgages or title Insurers. The on' shown are from plats of record of Information provided by client. All builtling dimensions and floor elevations must be verified by client I hereby certify that this survey was prepared by me or under my direct supervision, and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Surveyed by us this 30TH day of NOVEMBER 20 12 Signed 04 z 378.47 N89e57'39 "E s Milton E. Hyland, Minn. Reg. No. 20262 DECLARATION OF ENCROACHMENT EASEMENT, CONDITIONS AND COVENANTS THIS AGREEMENT, made this _ day of December, 2012, by and between Mark and Leslee Yseth, owner of said property noted below, and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, Mark and Leslee Yseth (hereinafter "Owners ") are the fee owner of 17615 Xenia Street NW (Lot 7, Block 1, Timber Trails, PIN 05 32 24 31 0007), Andover, Anoka County, Minnesota (hereinafter "Property "); and WHEREAS, drainage and utility easements exist on the Property as shown on Exhibit A attached hereto and made a part hereof (hereinafter "Drainage and Utility Easement "); and WHEREAS, Owners had a pool and concrete patio (hereinafter "Improvement ") constructed within the existing Drainage and Utility Easement; and WHEREAS, the City is willing to acknowledge and agree to an encroachment of the Drainage and Utility Easement for said Improvement assuming certain conditions are met; and WHEREAS, Owners are aware the area is for drainage and utility purposes and City access may be required in said easement, resulting in the requested removal of the Improvement. NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment into the Drainage and Utility Easement, Owners hereby agree as follows: 1. To hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Owners, or their successors in interest, constructing and maintaining said Improvement upon, in, or around the Drainage and Utility Easement of the City. 2. The City shall not be held responsible for any damage to said Improvement whatsoever as a result of the City exercising its rights to access, excavate, repair, construct or maintain any public improvements within said Drainage and Utility Easement. 3. Any additional cost to maintain the public infrastructure due to the encroachment within said Drainage and Utility Easement shall be the sole responsibility of Owners or their successors in interest. 4. In the event the Property is abandoned or vacated, the City may terminate the Encroachment Easement upon ten (10) days written notice to Owner. 5. Owners hereby covenant and agree that Owners will not pen-nit or allow any mechanic or materialman's liens to be placed on or affect the Drainage and Utility Easement. Notwithstanding the previous sentence, however, in the event any such lien shall be so placed on CAUsers\daveb.CITY_HALL\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .Outlook \M4F37YZ5 \Encroach Easement - Yseth clean.doc the Drainage and Utility Easement, Owners shall take all steps necessary to see that it is removed within thirty (30) days of its being filed. 6. The City may require evidence of insurance from Owners, in amount the City deems reasonable and necessary in its sole discretion, to cover the indemnification required herein. 7. If any provision of this Declaration shall be determined by any court or governmental agency to be invalid or unenforceable, the remainder of this Declaration and the application of such provision to other persons or circumstances shall not be affected thereby, and shall remain enforceable to the greatest extent permitted by law. 8. This Declaration shall be construed under and enforced in accordance with the laws of the State of Minnesota. 9. Any notice required or permitted to be given in accordance with the terms of the Declaration may be given by first class U.S. Mail, postage prepaid, overnight courier or by personal service, to the other party at the above address, or at such other address as either party, or their successors or assigns, may hereafter designate to the other party in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of December, 2012. CITY OF ANDOVER By: Its: Deputy City Clerk By: Its: Mayor STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) On this day of December, 2012, before me, a notary public within and for said county, personally appeared Michelle Hartner and Michael R. Gamache to me known to be respectively the Deputy City Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public C:\ Users \daveb. CITY _HALL\AppData \Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \M4F37YZ5 \Encroach Easement - Yseth clean.doc ark Yseth Leslee Ysetfi STATE OF MINNESOTA ) ss. COUNTY OF {N6kA ) On this Z— day of December, 2012, before me, a notary public within and for said county, personally appeared Mark and Leslee Yseth. MICHELLE L. HARTNER Notary Public 4 Minnesota Not ry Public My Commission Expires January 31, 2015 DRAFTED BY: City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 This instrument is exempt from registration tax and recording fees under Section 386.77 of the Minnesota statutes. CAUsers\daveb.CITY_HALLWppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \M4F37YZ5 \Encroach Easement - Yseth clean.doc CITY OF 8• NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator Dave Carlberg, Community Develop e irector FROM: Stephanie L. Hanson, City Planner SUBJECT: Approve Resolution Approving the Classification and Sale of Tax Forfeited Properties DATE: December 18, 2012 INTRODUCTION The city has received notice from Anoka County that five parcels of land within the city have been forfeited due to delinquent taxes. DISCUSSION On December 4, 2012, Andover EDA discussed the tax forfeited property located on Andover Blvd and Vale St. EDA determined that there is no interest in the city obtaining the property. Staff has evaluated the four (4) properties located off Argon Street and 167th Avenue. It has been determined that it would be in the city's best interest to approve the sale as there are no uses for the properties. ACTION REQUESTED The Council is asked to approve the attached resolution approving the classification and sale of the following land forfeiture properties: PID #'s 12- 32 -25 -31 -0029, 12- 32 -25 -31 -0030, 12 -32- 25 -34 -0028, 12- 32 -25 -43 -0025, and 26- 32 -24 -13 -0002. Attachments Resolution Location Maps R�ctfully mitte Stephanie L. Hanson CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO ROXX -12 A RESOLUTION APPROVING THE CLASSIFICATION AND SALE OF FORFEITED PROPERTIES (PID# 12- 32 -25 -31 -0029, 12- 32 -25 -31 -0030, 12- 32 -25 -34 -0028, 12- 32- 25 -43- 0025, 26- 32 -24 -13 -0002) IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A WHEREAS, Minnesota Statute 282.01 requires the governing body of a municipality approve the classification and sale of forfeit parcels that lie within their jurisdiction; and WHEREAS, the City Council has no interest in acquiring the subject properties for any purposes as provided by Minnesota Statute 282.01; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the classification and sale of the subject land forfeiture properties. Adopted by the City Council of the City of Andover on this day of December, 2012. ATTEST Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor EXHIBIT A 12- 32 -25 -31 -0029 THAT PRT OF N 10 FT OF GOVT LOT 6 SEC 12 TWP 32 RGE 25 LYG ELY OF C /LOFARGON ST & ITS NLY EXTN, TOG/W THAT PRT OF E 10 FT OF SD GOVT LOT LYG NLY OF FOL DESC LINE: COM AT A PT ON S LINE OF GOVT LOT 5 OF SD SEC SD PT BEING 343.97 FT W OF SE COR THEREOF, TH N 1200 FT, TH W 33 FT, TH N 10 FT, TH N 21 DEG 29 MIN 17 SEC E 180.02 FT, TH N 1022.40 FT TO POB OF SD LINE, TH E PRLL/W S LINE OF SD GOVT LOT 5 TO E LINE OF SD GOVT LOT 6 & SD LINE THERE TERM, SUBJ TO EASE OF REC 12- 32 -25 -31 -0030 THAT PRT OF E 10 FT OF GOVT LOT 6 SEC 12 TWP 32 RGE 25 LYG SLY OF FOL DESC LINE: COM AT A PT ON S LINE OF GOVT LOT 5 OF SD SEC, SD PT BEING 343.97 FT W OF SE COR THEREOF, TH N 1200 FT, TH W 33 FT, TH N 10 FT, TH N 21 DEG 29 MIN 17 SEC E 180.02 FT, TH N 422.49 FT TO POB OF SD LINE, TH E PRLL/W SD S LINE OF GOVT LOT 5 TO E LINE OF SD GOVT LOT 6 & SD LINE THERE TERM, SUBJ TO EASE OF REC 12- 32 -25 -34 -0028 THE N 8.54 FT OF E 10 FT OF GOVT LOT 5 SEC 12 TWP 32 RGE 25, SUBJ TO EASE OF REC 12- 32 -25 -43 -0025 THAT PRT OF N 8.54 FT OF SW '/ OF SE '/ OF SEC 12 TWP 32 RGE 25 LYG W OF FOL DESC LINE: COM AT SW COR OF SD '/ '/, TH E ALGS S LINE THEREOF 58.63 FT TO POB OF SD LINE, TH N AT RT ANG TO A PT ON NLINE OF SD '/ V4& SD LINE THERE TERM, SUBJ TO EASE OF REC 26- 32 -24 -13 -0002 THAT PRT OF SW % OF NE'/ OF SEC 26 TWP 32 RGE 24 DESC AS FOL, COM AT SW COR OF SD '/ '/, TH E ALG S LINE THEREOF TO A PT 479 FT W OF C/L OF BN R/R R/W AKA POB, TH CONT E ALG SD S LINE TO A PT 100 FT W OF SD R/R C /L, TH N PRLL/W SD R/R C/L 550 FT, TH W PRLL/W SD S LINE TO INTER/W A LINE PRLL/W & 479 FT W OF SD R/R C /L, TH S PRLL/W SD R/R C/L 550 FT TO POB, EX RD, SUBJ TO EASE OF REC Y ANL60WR* 1157 ANDOVER BLVD Land Forfeitures: 1049 Andover Blvd 26-32-24-13-0002 1049 14485 1153 1141 1129 1117 1105 1 1093 14469 14454 144TH LN 14453 14437 14423 14409 14650 14442 co 1128 Z 1116 1104 1092 111 14435 14430 1 W 14427\ % -JU. �j 14423 14418 14415 14420 F 14406 14403 14408 14411 950 985 N T Y o F Land Forfeitures: NDOVE 12- 32 -25 -31 -00291 0030 12- 32 -25 -34 -0028 & 12- 32 -25 -43 -0025 5314 5276 5234 \ 5198 \ 17010 16850 16826 16806 Z 16752 16732 5315 I 5261 16714 167TH AVE 16656 16647 i i i ' 16627 X, (9 cr �Q 12- 32 -25 -31 -0029 16853 16831 i 16811 16757 i i 16737 12- 32 -25 -31 -0030 � O i i 16717 - -- 12- 32 -25 -43 -0025 16665 12- 32 -25 -34 -0028 16645 16644 166TH L it d I T Y O F [DOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • W NDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrato FROM: David Berkowitz, Director of Public s /City Engineer SUBJECT: Approve Contract with Engineering Firm/12- 31/3535 —1615 Avenue NW (Sports Complex) - Engineering DATE: December 18, 2012 INTRODUCTION The City Council is requested to approve the contract (see attached Professional Service Agreement) with WSB & Associates, Inc. for Project 12 -31, 3535 — 161" Avenue NW (Sports Complex). DISCUSSION Request for Proposals were sent out to 8 consulting firms for the master planning and phase 1 design for the proposed 40 acre park site located in the northeast quadrant of Tulip Street NW and 161St Avenue NW. Seven proposals were received and out of the seven firms, 3 were selected for interviews. After the interviews were conducted staff discussed the content of the proposals, project experience relative to what the goals of the City Council and Park & Recreation Commission have, the not -to- exceed fee and quality of the interview and selected WSB & Associates, Inc. as the firm best suited to assist in planning and designing this project. The consultants that were interviewed included WSB, SRF Consulting Group and Anderson - Johnson Associates, Inc. The Park & Recreation Commission had an opportunity to review the 3 proposals and provide comment prior to the selection. WSB is an engineering firm that has completed successful projects for the City. The firm recently acquired Brauer & Associates which brings more than 50 years of recreational planning and design experience. The acquisition created a team of expertise in park planning and design along with extensive engineering and environmental experience. BUDGET IMPACT The Professional Service Agreement identifies an hourly rate for service with a not -to- exceed amount of $62,376 plus reimbursable expenses for permit and escrows. If the artificial turf alternative bid is to be pursued there will be an additional $4,850 not -to- exceed fee. This project will be funded by the Capital Equipment Reserve Fund. ACTION REQUIRED The City Council is requested to approve the contract with WSB & Associates, Inc. for Project 12 -31, 3535 —161St Avenue NW (Sports Complex). Respectfully submitted, David D. Berkowitz / Attachments: Professional Service Agreement ✓ WSB & ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the day of , 2012, by and between the City of Andover, Minnesota, hereinafter referred to as Client, and WSB & Associates, Inc., hereinafter referred to as Engineer, with offices located at 701 Xenia Avenue South, Suite 300, Minneapolis, Minnesota 55416. Witnesseth, that the Client and Engineer, for the consideration herein named, agree as follows: SECTION 1 / GENERAL CONTRACT PROVISIONS These provisions shall be as set forth in Exhibit A. SECTION 2 / SCOPE OF WORK The scope of work to be performed by Engineer is set forth in Exhibit C. The work and services to be performed hereunder and described in Exhibit C shall be referred to herein and in the General Contract Provisions as the Project. SECTION 3 / COMPENSATION Compensation to Engineer for services described in this agreement shall be as designated in the attached Exhibit D and as hereinafter described. SECTION 4 / WORK SCHEDULE The anticipated schedule is set forth in Exhibit C. SECTION 5 /SPECIAL CONDITIONS Special conditions, if any, are as set forth in Exhibit G CLIENT: CITY OF ANDOVER ADDRESS: 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 BY: SIGNATURE: TITLE: BY: SIGNATURE: TITLE: SECTION 6 / EXHIBITS The following initialed Exhibits are attached to and made a part of this Agreement (check all that apply): • Exhibit A General Contract Provisions • Exhibit B Client Responsibilities • Exhibit C Scope of Work • Exhibit D Compensation • Exhibit E Insurance Schedule • Exhibit F Fee Schedule Exhibit G Special Conditions SECTION 7 / ACCEPTANCE OF AGREEMENT All work and services described in this agreement shall be performed by Engineer only after written acceptance of the City. The undersigned hereby accept the terms and conditions of this agreement and Engineer is hereby authorized to perform the services described herein. ENGINEER: WSB & ASSOCIATES, INC. ADDRESS: 701 XENIA AVENUE SOUTH SUITE 300 MINNEAPOLIS, MN 55416 3'V SIGNATURE: TITLE: BY: SIGNATURE: TITLE: Professional Services Agreement Page I of 1 lclp oposaWnao, —r M- 053012.noc WSB & ASSOCIATES, INC. EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1— GENERAL These general contract provisions are incorporated in and become a part of the Agreement between WSB & Associates, Inc. (hereinafter referred to as Engineer) and the other party to the Agreement (Client) for the provision of engineering and related services, as set out in the Agreement to which this letter is attached. Either party may be hereinafter referred to as party or, collectively, parties. The starting date will commence when authorized by the Client. As used herein the term "Agreement" means: (1) The agreement for engineering, surveying and planning services; (2) These general contract provisions; (3) The attached exhibits; and (4) The supplemental agreement(s), where applicable. The attached exhibits shall govern over these General Contract Provisions and the Supplemental Agreement(s), where applicable, shall govern over attached exhibits and these general provisions. The Agreement constitutes the entire understanding between the Engineer and Client. The Agreement supersedes all prior written or oral understanding and may only be amended, supplemented, modified or cancelled by a duly executed written instrument. ARTICLE 2 — STANDARD OF CARE The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of Engineer's profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with its services. ARTICLE 3 — ADDITIONAL SERVICES If the Engineer determines that any services it has been directed or requested to perform are beyond the scope as set forth in the Agreement or that, due to changed conditions or changes in the method or manner of administration of the Project, the Engineer's effort required to perform its services under this Agreement exceeds the estimate which formed the basis for the Engineer's compensation, Engineer shall promptly notify the Client of that fact. Upon notification, the Engineer will prepare supplemental agreement for consideration of approval by the Client. Engineer shall include additional compensation for same, and an extension of time for completion of work as agreed by the supplemental agreement. ARTICLE 4 — LOCATION OF UNDE] IMPROVEMENTS The Engineer and/or his or her authorized subconsultant will conduct the research that in his or her professional opinion is necessary and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. Such services by the Engineer or his or her subconsultant will be performed in a manner consistent with the ordinary standard of care. The Client recognizes that the research may not identify all underground improvements and that the information upon which the Engineer relies may contain errors or may not be completed. The Client agrees, to the fullest extent permitted by law, to waive all claims and causes of action against the Engineer and anyone for whom the Engineer may be legally liable, for claims by Client or its contractors of delay or additional compensation relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Engineer. ARTICLE 5 — CONSTRUCTION OBSERVATION If requested by Client, Engineer shall visit the project during construction to become familiar with the progress and quality of the contractors' work and to determine if the work is proceeding, in general, in accordance with plans, specifications or other contract documents prepared by Engineer for the Client. The Client has not retained the Engineer to make detailed inspections or to provide exhaustive or continuous project review and observation services. Engineer does not guarantee the performance of, and shall have no responsibility for, the acts, errors or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. Client acknowledges Engineer will not direct, supervise or control the work of contractors or their subcontractors, nor shall Engineer have authority over or responsibility for the contractors means, methods, or procedures of construction. Engineer's services do not include review or evaluation of the Client's, contractor's or subcontractor's safety measures, or job site safety. Exhibit A — General Contract Provisions Page 1 of 4 d. For Client - observed projects, the Engineer shall be entitled to rely upon and accept representations of the Client's observer. If the Client desires more extensive project observation or full -time project representation, the Client shall request such services be provided by the Engineer as an Additional Service. Engineer and Client shall then enter into a Supplemental Agreement detailing the terms and conditions of the requested project observation. ARTICLE 6 — OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for are made or to be made on the basis of the Engineer's experience and qualifications and represent the Engineer's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Engineer does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work of necessity must be speculative until completion of construction or acquisition. Accordingly, the Engineer does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by the Engineer and assumes no responsibility for the accuracy of opinions of Probable Construction Costs. If Client wishes greater assurance as to probable Construction Cost, Client shall employ an independent cost estimator as part of its Project responsibilities. ARTICLE 7 — REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Engineer pursuant to this Agreement are Engineer's Instruments of Service and Engineer retains all ownership interests in Instruments of Service. The Instruments of Service are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project except for use as record plans, Client maintenance, geographic information systems, and information available for improvements associated with extension or expansion of the project. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Engineer. Files in electronic format furnished to Client for informational purposes. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. Engineer makes no representations as to long term compatibility, usability or readability of electronic files. If requested, at the time of completion or termination of the work, the Engineer will make available to the Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and (ii) fulfillment of the Client's obligations under this Agreement. Any use or re -use of such Instruments of Service by the Client or others without written consent, verification or adaptation by the Engineer except for the specific purpose intended will be at the Client's risk and full legal responsibility. Written consent by the Engineer shall not be unreasonably withheld. The Client will, to the fullest extent permitted by law, indemnify and hold the Engineer harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these Instruments of Service by the Client or any person or entity that acquires or obtains the reports, plans and specifications from or through the Client without the written authorization of the Engineer. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Engineer, and Engineer makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. ARTICLE 8 — PAYMENTS Payment to Engineer shall be on a lump sum or hourly basis as set out in the Agreement. Engineer is entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the invoice unless Client notifies Engineer in writing of any disputed items within 15 days from the date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary course, and the Parties will endeavor to resolve all disputed items. All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1 -1/2% per month, or the maximum amount authorized by law, whichever is less. Engineer shall be entitled to recover all reasonable costs and disbursements, including reasonable attorneys fees, incurred in connection with collecting amounts owed by Client. In addition, Engineer may, after giving seven days' written notice to Client, suspend services under this Agreement until it receives full payment for all amounts then due for services, expenses and charges. Exhibit A — General Contract Provisions Page 2 of 4 H ?propos lsN doarl AA- 032312 dm ARTICLE 9 — HAZARDOUS MATERIALS Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and agreed that Engineer is not a user, handler, generator, operator, treater, storer, transporter or disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and which may be found or identified on any Project which is undertaken by Engineer. The Client agrees to hold harmless, indemnify and defend Engineer and its officers, subconsultant(s), employees and agents from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not apply to such liability as may arise out of Engineer's sole negligence in the performance of services under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants specifically identified by the Client and included within Engineer's services to be provided under this Agreement. ARTICLE 10 — INSURANCE Engineer has procured general and professional liability insurance. On request, Engineer will furnish client with a certificate of insurance detailing the precise nature and type of insurance, along with applicable policy limits. ARTICLE 11— TERMINATION This Agreement may be terminated by either party upon thirty days' written notice without cause. In the event of termination, copies of plans, reports, specifications, electronic drawing/data files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Engineer pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter "Instruments of Service "), shall be made available to the Client pursuant to Article 7. All provisions of this Agreement allocating responsibility or liability between the Client and Engineer shall survive the completion of the services hereunder and/or the termination of this Agreement. ARTICLE 12 — INDEMNIFICATION The Engineer agrees, to the fullest extent permitted by law, to indemnify and hold the Client harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the Engineer's negligent acts, errors or omissions in the performance of professional services under this Agreement and those of his or her Sub consultants or anyone for whom the Engineer is legally liable. The Client agrees to the fullest extent permitted by law, to indemnify and hold the Engineer harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the Client's negligent acts, errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the Client is legally liable, and arising from the project that is the subject of this Agreement. ARTICLE 13 — ASSIGNMENT Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the Agreement nor any claims that may arise from services or payments due under the Agreement without the written consent of the other Party. Any assignment in violation of this provision shall be null and void. ARTICLE 14 — CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE 15 — CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Engineer agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencing arbitration or litigation. The Mediator's fee shall be shared equally and mediation shall proceed only at a place where arbitration or litigation is proper. Mediation shall not be a condition precedent to arbitration or litigation if a party refuses to make reasonable arrangements for mediation within 20 days of demand from the other party. Unless the Client and Engineer mutually agree otherwise, all claims, disputes, and other matters in question relating to this agreement which are not resolved by mediation and where the amount in controversy is less than $1,000,000, shall be decided by binding arbitration in accordance with the Construction Rules of the American Arbitration Association. The arbitrators will not have jurisdiction, power or authority to consider any claim or dispute: (a) where the amount of the controversy is more than $1,000,000 (exclusive of interest and Exhibit A — General Contract Provisions Page 3 of 4 x:Mroro�lsv a%crTe A- 032Y12.dm costs); (b) when the demand for arbitration is made after the date when a court action would be barred by any applicable statute or period of response or limitations; or (c) when the claim or dispute is a claim for contribution or indemnity arising out of a claim by a third party who does not consent to joinder in arbitration. In the event of litigation, or arbitration arising from or related to the services provided under this Agreement, the prevailing party is entitled to recovery of all reasonable costs incurred including staff time, court costs, attorney's fees and other related expenses. If the Engineer or Client intends to assert a claim against the other as a result of a dispute with a third party, the claiming party shall notify the other party as soon as possible and in any event prior to resolving the dispute with the third party. So that any claims of the Client may be intelligently addressed by the Engineer, the Client agrees to make no claim for professional negligence against the Engineer unless the Client has first provided the Engineer a written certification by a licensed professional in the same discipline, that specifies the act or omission of the Engineer that is a violation of the standard of care and the basis for the opinion. This written certification shall be provided no fewer than 30 days prior to instituting arbitration or suit. Causes of action between the Engineer and the Client related to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of substantial completion of a project. ARTICLE 16 — CONFIDENTIALITY The Engineer agrees to keep confidential and not to disclose to any person or entity, other than the Engineer's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to the Engineer and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Engineer from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Engineer to complete services under the Agreement or defend itself from any suit or claim. ARTICLE 17 — DATA PRACTICES COMPLIANCE Engineer will have access to data collected or maintained by the Client to the extent necessary to perform Engineer's obligation under this contract. Engineer acknowledges that, pursuant to Minn. Stat. § 13.05, subdivision 11, all of the data created, collected, received, stored, used, maintained or disseminated by Contract in performing the contract are subject to the requirements of the Minnesota Government Data Practices Act (the Act), Minnesota Statutes chapter 13. Engineer is required to comply with the requirements of the Act as if it were a government entity. Engineer acknowledges that the remedies provided in Minn. Stat. § 13.08 apply to Engineer with respect to such data. Engineer will notify the Client of all requests for data that Engineer receives. Engineer agrees to defend and indemnify the Client from any claim, liability, or damage that result from Engineer's violation of the Act or this section of the contract. Upon termination of this contract, Engineer agrees to return data to the Client as requested by the Client. The obligations of this section of the contract, including the obligation to defend and indemnify the Client, shall survive the termination of this Contract and shall continue, so long as the data exists. Exhibit A — General Contract Provisions Page 4 of 4 H:VroFO4SVVWmedC3F A- 033812 dm WSB & ASSOCIATES, INC. EXHIBIT B CLIENT RESPONSIBILITIES The Client's responsibilities related to the services to be provided by Engineer are generally as set out below. These responsibilities can be modified through Supplemental Agreements. In order to permit the Engineer to perform the services required under this Agreement, the Client shall, in proper time and sequence and where appropriate to the Project, at no expense to the Engineer: Provide available information as to its requirements for the Project, including copies of any design and construction standards, comprehensive plans, geotechnical information, drainage modeling, approved plans prepared by the Developer, which the Client desires Engineer to follow or incorporate into its work. 2. Guarantee access to and make all provisions for the Engineer to enter upon public and private lands to enable the Engineer to perform its work under this Agreement. Notify the Engineer whenever the Client observes or otherwise becomes aware of any defect in the Project construction or design. 4. Designate a Client Representative with authority to transmit and receive instructions and information, interpret and define the Client's policies with respect to services rendered by the Engineer, and authority to make decisions as required for Engineer to complete services required under this Agreement. Act promptly to approve all pay requests, Supplemental Agreements, or request for information by Engineer as set out below. 6. Furnish data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, sub - surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right -of -way, topographic and utility surveys; property description; zoning, deed and other land use restrictions; and other special data. Provide the foregoing in a manner sufficiently timely so as not to delay the performance by the Engineer of the services in accordance with the Contract Documents. 8. Engineer shall be entitled to rely on the accuracy and completeness of information or services furnished by the Client or others employed by the Client. Engineer shall endeavor to verify the information provided and shall promptly notify the Client if the Engineer discovers that any information or services furnished by the Client is in error or is inadequate for its purpose. Exhibit B — Client Responsibilities Page l of t x B 31812.d- WSB & ASSOCIATES, INC. EXHIBIT C SCOPE OF SERVICES PROFESSIONAL SERVICES FOR THE DESIGN OF 40 ACRE ATHLETIC COMPLEX CITY PROJECT 12 -31 Proiect Descriptionf[Jnderstandin2 The "Project" consists of the planning, design, bidding, and observation related to the 40 Acre Athletic Complex Site, which is located north of 1615` Ave. NW and east of Tulip St. NW in the City of Andover, MN. WSB & Associates is retained to complete the services defined in the Work Plan below. Base Services - Work Plan 1. Project management meetings with City of Andover staff. Schedule meetings as follows: a. Kickoff Meeting — Review site concepts, site conditions, and design requirements with City staff, and receive and /or request project information from the City. The City has a site survey along with boring information and the wetland delineation report. b. Progress Meeting — These meetings will occur two times in January 2013 to answer questions, provide necessary direction, and review documents and project schedule. c. Preliminary Design Meeting — Review draft construction plans and specifications. City will review and provide comments in regard to the preparation of final plans and project deliverables. d. Final Meeting— Review and receive final construction plans and related deliverables. e. Preconstruction Meeting — Construction meeting with contractor, utility companies, etc. to review construction plans, schedule, and surveying needs. f. Public Meetings — Attend three Park and Recreation Commission Workshop Meetings, one City Council Workshop, and one City Council Meeting. WSB will also prepare presentations and participate in discussions concerning Andover's Master Plan. 2. Preparation of Bid Documents to include the following tasks: a. Master Plan i. Value Added Service - Up to four preliminary alternative concepts will be prepared ii. Refinements will be made to create one single preliminary master plan along with planning level estimate iii. Further refinements will be made to create the final master plan, along with updates to the planning level estimate b. Evaluate existing site borings provided by the Owner. c. Prepare pre - development and post - development site hydrology calculations using HydroCAD software. Project design should mimic natural hydrologic site conditions to the maximum extent practical. Incorporate Low Impact Development (LID) Best Management Practices (BMP's) such as grass -lined swales, infiltration, and rain gardens. ExhibitC — Scope of Work Pagel H.propo IsWe;do.er�hC -Sm 53011.do Note: Stormwater design shall meet the standards of the City of Andover and the Lower Rum River Watershed Management Organization ( LRRWMO). d. Prepare preliminary plan sheets using AutoCAD software and the design base drawing. Plan reviews on 22' X 34' sheets with preferred scale 1 inch = 30 feet. The City will provide Standard Detail Plates for consultant's use. Plan set will include, but not be limited to the following: i. Title sheet/index ii. Removal plan iii. Layout plans iv. Grading plans v. Restoration plans vi. Utility plans (civil, electrical) vii. Irrigation plans - design of irrigation for field surfaces and general common spaces directly adjacent to or between fields viii. Artificial turf field (alternate bid - separate fee) ix. Miscellaneous details Note: A full site topographic survey has been provided to the City from the previous owner. e. Design temporary /permanent erosion protection and sediment control BMPs in construction plans and prepare Storm Water Pollution Prevention Plan (SWPPP) documentation for project as required by the Minnesota Pollution Control Agency (MPCA) to obtain an NPDES Phase II Construction Activity Permit. i. It is anticipated the design of the complex will avoid wetland impacts. However, if wetland impacts are unavoidable, a wetland permit application and mitigation plan will be required and permits for the Wetland Conservation Act and US Corps of Engineers may be needed. The WSB team can prepare these permit applications and a wetland mitigation plan and a separate cost can be developed for the City to review and approval if it is determined that wetland impacts will be unavoidable. f. Prepare for City signature stormwater permit applications. g. Submit application and construction plans as needed for the LRRWMO permit. h. Prepare final construction plans, bid documents, and specifications based on comments from City and the LRRWMO. i. Bidding services, including answering any bidder questions and preparing addenda as necessary. ii. Value Added Service - Topsoil analysis and recommendations: We will obtain three to five topsoil samples and submit to the University of Minnesota for testing and recommendations related to phosphorus, potassium, and pH correction. The results will also analyze your soil type and percentage of organic matter. Recommendations will focus on the intended purpose of the lawn — in this case, for athletic fields. This will provide the best potential for developing quality turf for the fall of 2014. 3. Construction services to include the following tasks: a. Construction staking of improvements. Exhibit C — Scope of Work Page 2 rcymp sovwneo.prnn C- Sw�- 053012.eo< L Staking will include removals, erosion control, rough grade, final grade, stormwater conveyance and infiltration area, light poles, parking areas, seating, and portable restroom locations. b. Construction observation of electrical and lighting work. Based on similar past projects, we have included a total of three site visits, but can expand this at additional cost, if necessary. c. Consult with City on an as- needed basis during construction (provide hourly rate and an estimate of hours required). Our proposal includes services that focus on: L Review payment applications prepared by contractor ii. Review /prepare change orders iii. Up to four site visits as requested by Owner to review key issues that may arise iv. Substantial completion walkthrough and generation of contractor punchlist v. Final completion walkthrough vi. Prepare as- builts based on constructed project. As -built preparation will focus on modifications to utilities and/or other major location changes. It is understood that the City of Andover will provide the following: • Standard detail plates drawings • Preferred equipment/amenity vendors • City standard specifications and related files • Permit application fees and escrows for government agency permits • Geotechnical testing and recommendations report • Site topographical survey information in AutoCad format • Well with approximately 500 gpm capacity - City staff will install the irrigation system designed by the consultant • City staff will lead the public involvement meetings (WSB will provide exhibits) Additional Services If selected by the City for inclusion in the scope of services, WSB will provide the following Supplemental Services at the additional cost defined in Exhibit "D ". 1. Design artificial turf system as an `alternate bid item' for one of the athletic fields. Exhibit C — Scope of Work Page 3 11. propo hlAndo%er�h C- Scope- 053012.doc WSB & ASSOCIATES, INC. EXHIBIT D COMPENSATION COMPENSATION FOR THE DESIGN OF 40 ACRE ATHLETIC COMPLEX CITY PROJECT 12 -31 Base Compensation for consultant professional services is based on an hourly basis not to exceed $62,376 (unless otherwise agreed by supplemental agreement) plus reimbursable expenses for permit fees and escrows. Additional Alternate Compensation for consultant professional services (if selected) for design of the artificial turf system as an `alternate bid item' for one of the athletic fields is based on an hourly basis not to exceed $4,850 (unless otherwise agreed by supplemental agreement). Fees will be based on the 2012 fee schedule in Exhibit F. Exhibit D — Compensation Page 1 H D- &,- 032&2.doc WSB & ASSOCIATES, INC. EXHIBIT E INSURANCE SCHEDULE GENERAL LIABILITY Carrier: The Travelers Indemnity Company Type of Insurance: Commercial General Liability Coverage: General Aggregate Products - Comp /Ops Aggregate Personal & Advertising Injury Each Occurrence AUTOMOBILE LIABILITY Carrier: The Travelers Indemnity Company Type of Insurance: Hired Autos Non -Owned Autos Coverage: Combined Single Limit WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Carrier: The Hartford Insurance Company Coverage Statutory Each Accident Disease - Policy Limit Disease -Each Employee PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) Carrier: XL Specialty Insurance Company Coverage: $5,000,000 each claim /$10,000,000 annual aggregate Certificates of Insurance will be provided upon request. $2,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 Exhibit E Page 1 of 1 HApmPO hh fovcr Gdl EL AM 0 ■ WSa 2012 Rate Schedule k A.4wNYte�'. /pr. , EXHIBIT F Billing Rote /Hour Principal $137 Associate $128 Project Manager $1071$1141$121 Project Engineer $941$991$1071$1141$121 Graduate Engineer $791$841$89 Planner $72 Engineering Specialist Engineering Technician Scientist Construction Observer Coring Crew One - Person Crew Two - Person Crew Survey Crew One - Person Crew Two - Person Crew Three - Person Crew Office Technician $891$991$1071$114 $491$561$621$681$79 $561$621$68 $791$841$891$941$99 $145 $220 $110 $144 $168 $331$621$72 Costs associated with word processing, cell phones, reproduction of common correspondence and mailing are included in the above hourly rates. Vehicle mileage is normally included in our billing rates, but can be charged separately if specifically outlined by contract. Reimbursable expenses include costs associated with plan, specification and report reproduction, permit fee, delivery cost, etc. Rate Schedule is adjusted annually. Each staff person is assigned one billing rate that is commensurate with their experience and expertise. Multiple rates illustrate the varying levels of experience within each category. ■■ ■■ Na O _i N rn N n 2 rn v C r rn Engineering ■ Planning ■ Environmental ■ Construction on wsbeng.com ■■ ANL66W 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US TO: Mayor and Councilmembers CC: James Dickinson, City Administrator FROM: Dana Makinen, Human Resources Manager SUBJECT: Approve Market Rate Wage Adjustments DATE: December 18, 2012 INTRODUCTION Annually the Human Resources Department does research on internal and external equity comparisons of all salaries, union and non - union. For the external comparisons, cities of comparable size and location were used using the League of Minnesota Cities 2012 Salary Survey. DISCUSSION This year Human Resources looked at the overall salaries and the salary ranges for all positions. Due to some of the recent hires the City of Andover has made, overall salaries in some positions look low, but that is only due to the person currently in the position being within the early steps of the salary range. By looking at the entire range, Human Resources can be proactive in making sure the City of Andover positions are competitive with surrounding cities. According to the findings, discussed at budget workshops and a closed session, the positions the City of Andover needs to be concerned for future range modifications are the Natural Resources Technician, Deputy City Clerk, and IS Coordinator and City Administrator. Market Rate Studv The positions proposed for market rate adjustments are the Natural Resources Technician, Deputy City Clerk, Information Systems Coordinator and the City Administrator. These positions have grown in terms of job duties & responsibilities. The proposed salary increases to each position reflect approximately a 5% increase over current salary and for three of the position salary range modifications to maintain future market comparability. rrent n 2012 Step 1 41,518 46,729 Step 2 42,764 48,131 Step 3 44,047 49,575 Step 4 45,368 51,062 Proposed Step 5 46,729 52,594 Step 6 48,131 xx 54,172 ** Current Employee rate IS Coordinator': Cur "rent Proposed,` z v beputy City Clerk Current Proposed $ ' 71 637 Jan 2012 Jan 2013 Ma�mums ! $ 45 613 $ 54 020 .` Step 1 Step 1 39,087 46,598 Step 2 40,526 47,996 Proposed Step 3 41,742 49,436 Step 4 42,994 50,919 Step 5 44,284 52,447 Step 6 45,613 ** 54,020 IS Coordinator': Cur "rent Proposed,` Jari 2012: Jan 2013 `a Mammums "' $ ' 71 637 $ 82 000 Step 1 61,794 70,734 Step 2 63,648 72,856 Step 3 65,557 75 042 Proposed Step 4 67,524 77,293 Step 5 69,550 79,612 Step 6 71,637 ** 82,000 BUDGETIMPACT The total cost of the proposed salary rate increases is under $15,000 for the year and is provided for in the 2013 budget through the market rate budget. The adjustments will also be reflected in the 2013 personnel budget. ACTION REQUESTED City Council is requested to approve the 2013 Market Rate Adjustments effective January 1, 2013. Respectfully submitted, Dana Makinen ** Current Employee rate CN T Y O F D OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council members CC: James Dickinson, City Administrator FROM: Dana Makinen, Human Resources Manage SUBJECT: Approve Cost -of- Living Wage Adjustment for Non - Bargaining Employees DATE: December 18, 2012 INTRODUCTION The City typically approves cost -of- living adjustments for employees at the last regular Council meeting of the calendar year for the following year. These adjustments would take place effective January 1, 2013. DISCUSSION Cost -of- living wage adjustments for employees have been reviewed and are proposed at one and one -half (1.5) percent increase, effective January 1, 2013. This would be for non - bargaining employees only. Negotiations are still ongoing with the represented employees (Public Works Union, represented by Teamsters Local 320). Surveys of metropolitan cities, regional economic factors and other wage and benefit data support the proposed annual wage adjustment. BUDGET IMPACT Funding for cost -of- living wage adjustments is provided for in the 2013 City Budget. ACTION REQUESTED Adopt the attached resolution approving a one and one half (1.5) percent increase wage adjustment effective January 1, 2013, for all City employees. Respectfully submitted, Dana Makinen CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NOR APPROVING COST -OF -LIVING WAGE ADJUSTMENTS FOR NON - BARGAINING EMPLOYEES FOR CALENDAR YEAR 2013 WHEREAS, cost -of- living wage adjustments for non - bargaining employees are in order to recognize annual inflationary increases in cost -of- living standards as measured by the Consumer Price Index (CPI), and regional economic and market -based indicators; and WHEREAS, the annual percentage adjustments of one and one -half (1.5) percent increase effective January 1, 2013 are within the expenditure guidelines established in the 2013 Budget; and NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves cost - of- living wage adjustments of one and one -half (1.5) percent increase effective January 1, 2013, for all non - bargaining employees. Adopted by the City Council on December 18, 2012 CITY OF ANDOVER Mayor Mike Gamache- Mayor Attest: Michelle Hartner, Deputy City Clerk TO: Mayor and Council Members CC: Jim Dickinson, City Administrator T�� David Berkowitz, Director of Public o ks / City Engineer al• 5 FROM: Jason Law, Assistant City Engineer SUBJECT: Approve Change Order #3/11 -10 /South Coon Creek Drive NW Reconstruction - Engineering DATE: December 18, 2012 INTRODUCTION This item is in regards to approving Change Order #3 for Project 11 -10, South Coon Creek Drive NW Reconstruction. DISCUSSION Change Order #3 is for the following items: • Additional costs for dust control in addition to those paid for in C.O. #1, minus costs for water used,supplied by the City ($4,713.21) • Adjust Handhole — southeast corner of South Coon Creek Drive and Round Lake Boulevard ($385.00) • City costs for cleaning sanitary sewer and pumping frozen hydrants (deduct of $2,625.26) • Costs for irrigation system modifications — items discovered during construction ($2,000) • Deduction for bituminous wearing course density tests (deduct of $684.75) BUDGETIMPACT The increased costs associated with Change Order #3 are $3,788.20. ACTION REQUIRED The City Council is requested to approve the resolution approving Change Order #3 for the Project 11- 10, South Coon Creek Drive NW Reconstruction. 9 ason ectfully bmitted, J. Law, PE Attachments: Resolution, Change Order #3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. -12 MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #3 TO PROJECT NO. 11 -10 SOUTH COON CREEK DRIVE NW RECONSTRUCITON. WHEREAS, the City of Andover has a contract for Project No. 11 -10, _ South Coon Creek Drive NW Reconstruction with Douglas -Kerr Underground. LLC of Mora, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 11 -10. Adopted by the City Council of the City of Andover this 18th day of December , 2012. CITY OF ANDOVER ATTEST: Michael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk CHANGE ORDER Change Order No.: 3 Date: 11/30/12 Sheet: Project Name: South Coon Creek Drive NW Reconstruction Project No.: 11 -10 Contractor: Douglas -Kerr Underground, LLC loft You are hereby directed to make the following change to your contract dated June 5th, 2012. The change and the work affected thereby is subject to all contract stipulations and covenants. This change order will (increase) (deereese) (ne ehange) the contract sum by three thousand seven hundred eighty eight and 20/100 Dollars ($3.788.20). This change order compensate the contractor for additional dust control above the estimated $5,000 amount paid for under Change Order 1. Also included in this change order is payment for adjustment of an existing handltole in the southeast corner of South Coon Creek Drive and Round Lake Boulevard. Also included in this change order is a disincentive for pavement density on the wearing course in accordance with the MnDOT 2360 Bituminous specification provided in calculations from Commercial Asphalt bituminous core tests. Also included is $2.000 for additional irrigation modifications required with the project that was not identified by residents during the plan preparation. This Change Order provides for the following extra work: Dust Control (u, $22.00 / thousand gallons (ner CO #1 511 thousand gallons applied n@ $22/1,000 gallons $11,242.00 Paid for $5,000 of dust control with CO #I $ (5,000.00) Invoice from Andover for water used $ (1,528.79) Total Due Contractor for Dust Control $ 4.713.21 Descrintion Increase (Decrease) Additional due for dust control $ 4.713.21 Adjust Handhole (AMS Contracting), plus 10% prime markup $ 385.00 City clean sanitary sewer and pump frozen hydrants $ (2,625.26) Irrigation Modifications $ 2,000.00 Bituminous wearing course density deduction $ (684.75) Total Amount of Change Order $ 3,788,20 Amount of Original Contract $2,143,787.75 Additions Approved to Date (Change Order # I, 2 1 $10,065.22 Deductions Approved to Date (Chge Order #_) $0.00 Contract Amount to Date $2,153,852.97 Amount of this Change Order (Add) (Deduct) (No Change) $3,788.20 Revised Contract Amount $2,157,641.17 Approval: City of Andover By: David D. Berkowitz. Name Director of PW / City Engineer Title Signature Date Change Order3.x1s Approval: Douglas-Kerr Underground, LLC jj By: .1/P.. ,S Name Pre s cle Title Signature Date Ilk Y OF 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Commander Kevin Halweg - Anoka County Sheriff s Office SUBJECT: Anoka County Sheriffs Office Monthly Report - Sheriff DATE: December 18, 2012 INTRODUCTION Commander Kevin Halweg from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. r - DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Commander Kevin Halweg Anoka County Sheriff's Office 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US S)q TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Adopt Resolution — City of Andover 2013 Budget & Certify 2013 Property Tax Levy DATE: December 18, 2012 INTRODUCTION Each year the City Council is required by state law to adopt an annual budget and submit a property tax levy certification to Anoka County Property Records and Taxation Division. The deadline for this submission is December 28, 2012. The 2013 Budget and Levy certification is the outcome of budget workshops with the Council, numerous staff meetings, and the December 4th Public Hearing. The overall City of Andover 2013 Budget proposes total revenues of $25,143,744 and total expenditures of $30,030,541. The $4,886,797 of expenditures over revenues is largely due to the advancement of road and bridge projects, land acquisition, capital improvements and debt service payments. The 2013 Budget includes a total property tax levy of $10,631,299: $7,332,857 (68.97 %) operational levy, $1,961,474 (18.45 %) debt service levy, and $1,336,968 (12.58 %) capital /watershed levy. This reflects a zero percent gross levy increase. BUDGET IMPACT This will establish the 2013 City of Andover Budget and 2013 Property Tax Levy. ACTION REQUESTED The Andover City Council is requested to approve the attached resolution that indicates a total 2013 property tax levy of $10,631,299 to be submitted to the Anoka County Property Records and Taxation Division by December 28`" and establishes the 2013 City of Andover Budget. tted, Attachments: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION ADOPTING THE CITY OF ANDOVER 2013 BUDGET AND 2013 PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor an adopted tax levy and budget prior to December 28, 2012; and WHEREAS, Minnesota State Law requires the City to certify to the State of Minnesota Department of Revenue an adopted tax levy by December 28, 2012. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2013 City of Andover Budget and the 2013 property tax levy totaling $10,631,299 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2013 City of Andover Budget by fund type as follows: REVENUES EXPENDITURES General Fund $ 9,356,581 General Fund $ 9,619,929 Special Revenue Funds 1,539,300 Special Revenue Funds 1,633,395 Debt Service Funds 3,675,046 Debt Service Funds 5,091,351 Capital Projects Funds 4,743,425 Capital Projects Funds 7,856,068 Enterprise Funds 4,755,839 Enterprise Funds 4,756,521 Internal Service Funds 1,073,553 Internal Service Funds 1,073,277 Total $ 25,143,744 Total $ 30,030,541 Adopted by the City of Andover this 18th day of December 2012. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER Michael R. Gamache - Mayor 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 carefully compared the attached Resolution No. adopting the City of Andover 2013 Budget and 2013 Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 18th day of December 2012. Michelle Hartner — Deputy City Clerk CITY OF ANDOVER, MINNESOTA Attachment A 2013 Property Tax Levy 2013 Levy General Fund Levy $ 7,332,857 Debt Service Funds Levy 61,500 2004A G.O. Capital Improvement Bonds 381,290 2004 EDA Public Facility Revenue Bonds 452,082 2009A G.O. Open Space Referendum Bonds 184,973 2011A G.O. Equipment Certificate 101,745 2012A G.O. Equipment Certificate 125,000 2012B G.O. Capital Improvement Refunding Bonds 138,339 2012C Taxable G.O. Abatement Bonds 578,045 Total Debt Service 1,961,474 Other Levies Capital Projects Levy Capital Equipment/Project 210,000 Parks Projects 61,500 Road & Bridge 967,197 Pedestrian Trail Maintenance 58,271 Lower Rum River Watershed 40,000 Total Other 1,336,968 Gross City Levy $ 10,631,299 • A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 WWW.CI.AN DOVER. MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Adopt 2013 Debt Service Levy Changes December 18, 2012 INTRODUCTION Anoka County Property Records and Taxation Division requires a City Council resolution changing bonded indebtedness levies for 2013 that would have been certified to Anoka County as part of prior years bond sales. DISCUSSION When the City issues bonds, a certification of the bonded indebtedness levy is sent to Anoka County. The County is charged with assuring on an annual basis that local government bonded indebtedness payments are made. To assist in monitoring, the County is requesting a resolution that would update all or a portion of previously certified bonded indebtedness levies. Attached is a resolution to update bonded indebtedness levies along with a brief description as to why there was a change. BUDGET IMPACT The 2013 City of Andover Debt Service Budget is current and up -to -date. This resolution is to inform the County of any changes that have taken place in the past year as well as any new issuances proposed to be levied for 2013. ACTION REQUESTED The Andover City Council is requested to approve the attached resolution that would update certified bonded indebtedness levies for 2013. submitted, Resolution Updating Certified Bonded Indebtedness for 2013 Attachment A — 2013 Proposed Levy Certification Debt Changes CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2013. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2013; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified to Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2013 as listed on Attachment A. Adopted by the City of Andover this 18th day of December 2012. ATTEST: Jim Dickinson — City Clerk CITY OF ANDOVER Michael R. Gamache - Mayor STATE OF MINNESOTA) COUNTY OF ANOKA lei M I I &$ 7 V I_ A 111 6I T/ V I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2013 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 18th day of December 2012. Jim Dickinson - City Clerk Attachment A CITY OF ANDOVER 2013 Proposed Levy Certification Debt Changes County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explanation 56 2004A GO Capital Improvement Bonds 67B 2009A GO Open Space Bonds 68 2011A GO Equipment Certificate 2004 EDA Public Facility Lease Rev 69B 2012A GO Equipment Certificate 69A 2012B GO Cap Improv Refunding Bond 2012C Taxable GO Abatement Bond Total 431,100 381,290 49,810 Meet bona fide debt service requirements 184,973 184,973 - 101,745 101,745 - 452,082 (452,082) Lease revenue payment per pledge agreement 10,545 125,000 (114,455) Meet bona fide debt service requirements 105,000 138,339 (33,339) Meet bona fide debt service requirements - 578,045 (578,045) Meet bona fide debt service requirements $ 833,363 $ 1,961,474 $ (1,128,111) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David L. Carlberg, Community Development Director SUBJECT: Discuss Reconsidering Variance Request —15873 Linnet Street NW DATE: December 18, 2012 INTRODUCTION The City Council at the November 27, 2012 workshop briefly discussed the variance request for the property at 15873 Linnet Street NW. The Council desired to further discuss the decision to deny the request. BACKGROUND Attached are the staff report, minutes and resolution from the June 19, 2012 meeting for City Council information. Also attached is the minutes from the November 27, 2012 City Council workshop. ACTION Provide direction to staff on how Council would like to proceed. Respectfully Submitted, David L. Carlberg Attachments • Staff Report from the June 19, 2012 Council meeting • Minutes from the June 19, 2012 Council meeting • Resolution Denying the Lot Split Request • November 27, 2012 City Council workshop minutes w 2--7 11-% w0(�5s 0 p Andover City Council Workshop Meeting Minutes —November 27, 2012 Page 6 (K) � Lot Split Variance Request Councilmember Trude stated the City Council had voted 3 -2 to deny a lot split variance earlier this year with the hope the property owner would plat the available lots. It is obvious a plat will not be filed because one lot was recently split. Therefore, in order to add another lot to the City's inventory she would like to make a motion to reconsider, which under Roberts Rules on the denial of the variance at an upcoming council meeting. She suggested the unique characteristics stated by Councilmember Knight at the earlier meeting could be the basis for this action. Councilmember Trude also asked staff to proceed with vacating the street easement on this parcel since it will not be needed once the nearby intersection with Nightingale becomes a full movement intersection. Councilmember Bukkila stated this had been reviewed and voted on by the City Council already. Councilmember Trude stated if the Council acts to change the vote then he could split the lot now rather than in three (3) years. He is interested in doing the additional split. City Administrator Dickinson stated this could possibly be added to the City Council meeting on December l8` . WDE Presentation Update on Howard stated he had requested City Administrator Dickinson schedule a some activity on ffie° property "arid "he would like an date on what is happening. City Administra Dickinson stated they are trying to extract fluid out of the land fill. He will schedule another ;S Dickinson presentation for the City Council. Recess and Reconvene Mayor Gamache recessed the City CoOn the City Council to discuss City Admini The City Council reconvened at 7:58 p.m. Animal Trapping Petition workshop meeting at 7:23 p.m. to a closed session of itar Review. Mayor Gamache stated the City should expect to see a petition from iNe ound Lake Association in regard to animal trapping on the lake. They do not want to see animal'lrapping on the lake. Yh�hJ`�CS Regular Andover City Council Meeting Minutes —Jame 19, 2012 Page 3 Commander Halweg, Anoka County Sheriff's Office, provided the City Council nd residents with an update on law enforcement activities within the City for May 2012 includ' g 10 DUI arrests, 5 domestic assaults, and an incident that resulted in felony terroristic threats. Councilmember Trude asked if the person who had been the center o search on Saturday had been located. Commander Halweg explained this person had been located. Mayor Gamache asked if the significant drop in DUI arms was likely due to Pov's closing. Commander Halweg stated the number of DUI arre is has dropped significantly on the days that had been traditionally high when Pov's was open Thursday evenings. Fire Chief Winkel acknowledged Command Hahveg's 10 -week training course at the FBI Academy in Quantico, Virginia. He state there were three (3) people from Minnesota selected to attend the program and there were 48 tates and 24 foreign countries represented at the training course. Mayor Gamache stated the Sheri s Department would be participating in a mock major catastrophic drill this Saturday/6t Federal Cartridge. Fire Chief Winkel stated t e Fire Department from Andover and surrounding communities would also be participating. Commander Hal we stated the annual Safety Camp had over 100 students this year and was a big success. Councilme er Tiede stated there had been some problems with being able to distribute the flyers through the school due to the current policy the school district has for these types of announc ments. She stated this process would be reviewed and the proper steps taken to get this infor tion distributed through the schools. Knight to attend the training CONSIDER VARIANCE REQUEST (12 -01) TO CITY CODE 13 -1 -3 FREQUENCY OF SPLITTING LOTS AT 15873 LINNET STREET AJV Community Development Director Carlberg stated the applicant is seeking approval of a variance to allow two lot splits to occur without the 3 -year waiting period required by City Code 13 -1 -3. This is an unusual request due to the fact that variances to this section of the City Code are typically reviewed as part of a lot split application as provided by City Code 13 -1 -7. In August 4 Regular Andover City Council Meeting Minutes — June 19, 2012 Page 4 of 1977 the City adopted Ordinance 40 to formalize a process for the splitting of lots by metes and bounds descriptions. This process is essentially a waiver of platting requirements. Staff could not find record of a variance being approved to allow splitting of multiple lots through the lot split ordinance after Ordinance 40 was adopted. The Engineering Department is recommending that a grading plan be prepared and approved for the entire site so that as lots are individually graded, drainage will not affect other lots as they develop. Staff cannot recommend approval of the proposed variance due to the fact it conflicts with City Code 13 -1 -7 and the intent of City Code 13 -1 -1 and City Code 13 -1 -3. The Planning Commission reviewed this request and recommended denial with a 5 -1 split vote. He explained the difference between doing a lot split and going through the platting process would be in a lot split the City is only looking at the lot that is split off but in a plat the City would be looking at the entire site. Councilmember Knight asked if there had been any similar requests in the past that had not been approved by the City. Community Development Director Carlberg stated staff could not find any records of similar applications. Councilmember Tiede clarified the City has had two (2) lot plat applications that have been approved but these had followed the City's procedures and gone through the platting process. The City's ordinances and laws encourage the platting process so the development can be reviewed as a whole to ensure proper drainage and easements. The Engineering Department is recommending that a grading plan be prepared and approved for the entire site. The grading that had been done with the original Cardinal Ridge plat was done so the developer would not have to construct retaining walls to ensure proper drainage but this does not mean the lots are graded the exact same as the Cardinal Ridge lots. This property was not included in the approved Cardinal Ridge plat so the grading was not reviewed. Mr. Scott Allen, 155873 Linnet Street NW, Andover, explained he is requesting a variance allowing him to split and sell two (2) of his four (4) possible lots at this time. The two (2) future lots have been fully graded with the Cardinal Ridge 2 "d Addition plat and once they are split would be ready for sale. Currently there is a builder interested in purchasing these lots if the variance could be obtained. He stated he would be willing to grant the necessary easements to the City in order to complete the request. The City's Engineering Department has requested a grading plan be completed for the entire lot but this is unnecessary because the two (2) proposed lots have been graded to specifications for the Cardinal Ridge 2 "d Addition. A grading plan would be needed if he were going to sell the remaining lots because these have not been graded, and there is a grade separation. Councilmember Trude stated the grading could still pose a problem because there would be homes on these lots now and this would change the drainage patterns. She stated a grading evaluation should still be required. 5 Regular Andover City Council Meeting Minutes —June 19, 2012 Page 5 Mr. Allen stated the lots had been graded previously. Once the irons are placed in the corners they are ready to be built on and there are no additional changes in the grading expected. He explained the remaining property would not change and the drainage would remain the same as it is currently. He stated he would agree that a full grading and drainage plan would need to be done if he were to split the remaining two (2) lots from his property in the future but he is not planning on doing anything with these two (2) lots at this time. Community Development Director Carlberg provided a ghost plat, which showed the parcels being considered and the location of Mr. Allen's home. Councilmember Trude asked if the two (2) lots are part of the Cardinal Ridge plat. Mr. Allen stated these lots were not part of the Cardinal Ridge plat. They are included on the grading plan but they are not part of Cardinal Ridge 2nd Addition. At the time of the development it was easier for Mr. Minks to get these lots up to grade rather than build a retaining wall. Councilmember Trude stated there are two problems. One is Mr. Allen is a City employee and the Council and staff know him well. Second, there are potentially four (4) lots and the City has required other developers to go through the platting process regardless of the number of lots. She expressed concerns that approving this would set a precedent for other property owners who would like to split a couple of lots without going through the platting process. The platting process sets easements and better property descriptions. Mr. Allen stated he would have a surveyor place the corner irons and he would giant any drainage and utilities easements the City may require. He explained if the lots are split then he would not have to have grading done. He had received a quote to have the platting done for the two lots and it was double the cost of doing two lot splits. Councilmember Trude clarified the applicant has a plan for the future development of this property and if the Council approves this lot split now it would set a precedent for the applicant to request a similar split in three (3) years without having to plat the property. Mr. Allen clarified he is only requesting a variance from the number of variances requests that can be done in a three (3) year period for these two (2) lots because they are already graded and should not require a plat to be done. He explained his plan was apply for this variance and if it were approved he would apply for the two (2) lot splits. His remaining property would then be under the 2.5 -acre minimum. He would then apply for a variance to not hook up to City water and services. He has a fairly new septic system and he would like to continue to use until it fails. Community Development Director Carlberg stated if the variance were granted then the applicant would also have to request to have the two (2) lots rezoned from R -1, Single - Family Rural to R- 4, Single - Family Urban. The remaining property would then be 2 -acres and he would have to Regular Andover City Council Meeting Minutes —June 19, 2012 Page 6 request a variance or rezoning for this property. Mayor Gamache stated there seems to be a full grading plan and it is the same as the grading for the rest of the development. He clarified the Council is more concerned about the plat process not being followed. He stated if these two (2) parcels had been owned by Cardinal Ridge then the City would not have required the developer to plat Mr. Allen's property and review the drainage so he is unclear why the City would want to require Mr. Allen to provide a full plat of the remaining property when these two (2) lots have already been graded to match the development. Community Development Director Carlberg stated the City does not require an adjacent property to plat their property but in this situation the property owner is requesting a lot split, which brings the whole property into question. Councilmember Trude asked if this could be split as one parcel and then whoever purchases it includes it as an amendment to their development. It would then become part of a plat. Mr. Allen stated the developer does not want to do this. The developer wants to be supplied with finished lots. These two (2) lots are graded to match the Cardinal Ridge 2nd Addition. He clarified the remaining portion of his property was not graded the same way. The remaining property was only graded to drain into the swale. If the remaining lots were sold then a full grading and drainage plan would be needed. Councilmember Knight stated these lots provide a practical location for two (2) new homes. Councilmember Trude clarified the City needs to consider the process and if they are willing to forgo the process and potentially set a future precedent. Mayor Gamache stated in order to grant the variance the City would need to find reasons for this. Councilmember Tiede stated practical difficulty cannot include the applicant not wanting to pay to have the property platted. Mr. Allen stated this is a unique situation because these lots are part of a new development grading plan. Community Development Director Carlberg stated he could not say for certain the grading has not been verified. Councilmember Trude stated the Engineering Department would not have gone onto private property to verify the grading. Mr. Allen stated they might have verified it because he had granted full access to the City and the Regular Andover City Council Meeting Minutes — June 19, 2012 Page 7 developer at the time the grading had been done. Councilmember Howard stated the City does not know for certain that these two (2) proposed lots are certifiable to the grading plan. Mayor Gamache stated the City has something on file showing the remaining lots had been examined. Councilmember Trude stated the City is making an assumption that something that was sketched in and not legally part of the developer's obligation, is going to meet the grading plan on file. She clarified a lot split is when a parcel property is breaking off one (1) section. If there are more than one (1) parcel split off then the platting process comes into effect. Mayor Gamache stated at this time he is showing these potential lots as part of a grading plan and any future split he does would require a grading plan because he does not have one for those lots. Mr. Allen stated at this time he is only asking the Council to consider the frequency of lot split requests. He would still need to apply for the actual lot splits and the grading would be looked at more closely with that application. Community Development Director Carlberg expressed concerns if the variance is granted. The area had been graded in order- to avoid the need for a retaining wall. If the variance were granted then the three (3) year waiting period would no longer apply for future requests. Developers could work out grading issues with adjacent owners and then those property owners could come in and expect to split their properties without waiting the three (3) years. Councilmember Trude stated the City is uncertain if the grading plan had been carried out on Mr. Allen's property. There was no permit for work done off -site from the plan. She suggested the Council table this discussion until an engineer would be available. Mayor Gamache asked if there was a way these two (2) lots could be sold. Community Development Director Carlberg stated the applicant could sell the piece that would be the two (2) lots but then the developer would have to wait three (3) years to split the property again or they would have to plat the property. The platting process would make this a subdivision. Councilmember Knight stated if stipulations were made to the approval and if this would prevent setting precedent for future requests he would be in favor. Community Development Director Carlberg stated if this application were granted then the findings as to practical difficulties would need to be identified that make this situation unique. There has not been a variance granted since 1977 and approving this request may change the e Regular Andover City Council Meeting Minutes — June 19, 2012 Page 8 three (3) year waiting requirement. Councilmember Howard stated he is concerned about setting a precedent for future developers and property owners. Mr. Allen stated if the application is denied then he could split one (1) lot now then wait three (3) years to split the other lot and this would accomplish the same thing he is requesting to do at this time. Councilmember Trude stated the advantage of the platting process is being able to do things like this more efficiently. Community Development Director Carlberg explained the purpose of the three (3) year window is to encourage people to plat their property to look at the entire property. If the Council grants a variance then there needs to be sound findings so that other property owners and developers don't come in with similar situations and request a lot split. Doing lot splits encourages piece - by -piece development and the platting process encourages better development. Councilmember Trude asked if zoning ordinances applied the same way to lot splits as they do for developments. Community Development Director Carlberg stated the zoning is the set backs and lot dimensions and those apply but the subdivision process does include things like grading, drainage and utility easements and a more detailed review of not just the parcel but the entire subject property. Mayor Gamache clarified going tlu-ough the platting process would not make the sale of these lots financially feasible for the applicant. He also stated the grading was not verified at the time it was done so the City is unsure if the plans were followed. Councilmember Trude stated the City Engineer is recommending a full grading plan and this expense would be similar to the expense incurred for platting the property. Mayor Gamache asked if the City would be creating a worse situation by making Mr. Allen wait three (3) years between lot splits and no grading plan would be required. Community Development Director Carlberg stated as he gets building permits he would have to have grading plans for the property but it would be better to look at the entire property at one time. Mayor Gamache stated the only practical difficulty is the financial costs and this alone is not a reason for practical difficulty. Mr. Allen suggested the request be tabled until the Council was able to view the property. Oj Regular Andover City Council Meeting Minutes —June 19, 2012 Page 9 Mayor Gamache stated Engineering would need to look at the property to see if it was graded properly but this may not change the outcome. Motion by Councilmember Trude, Seconded by Councilmember Howard to deny a variance to City Code 13 -1 -3 frequency of splitting lots on property located at 15873 Linnet Street NW. Councilmember Trude stated she would not like to have the City set a precedent that would circumvent the platting process. This application does not meet the requirements for a variance. Councilmember Knight stated this is a unique situation. Councilmember Trude stated there are other areas in the City that were required to follow the platting process. The motion was called to a vote. The motion carried. 3 ayes, 1 nay (Knight). (See Resolution R062 -12) RESCHEDULE AUGUST 7, 2012 COUNCIL j1IEETING Councilmember Trude asked if the Council would be reviewing the Wal -Mart application at this meeting. Community Development Director Carlberg stated the earliest the Council would have the application for review would be the August 21" meeting . i lotion by Councilmember Trade, Seconded by Councilmember Howard to Reschedule the August 7, 2012 Regular City Council Meeting to Wednesday, August 8, 2012, at 7:00 p.m. The motion carried unanimously. SCHEDULE EDA MEETING Motion by Councilmember Trude, Seconded by Councilmember Howard to schedule an EDA meeting at 6:00 p.m. prior to the July 3, 2012 Regular City Council meeting. The motion carried unanimously. Councilmember Trude suggested staff be sure there Nvill be a quorum present for this meeting. SCHEDULE JULY WORKSHOP Mayor Gamache stated July 24th would work for the workshop. Councilmember Trude stated that date might not work for her. 10 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R062 -12 A RESOLUTION DENYING A VARIANCE TO CITY CODE 13 -1 -3 FREQUENCY OF SPLITTING LOTS ON PROPERTY LOCATED AT 15873 LINNET STREET NW LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, the Planning Commission held a public hearing and reviewed the variance request to allow two lot splits without compliance with the three year waiting period provided in City Code 13 -1 -3; and WHEREAS the Planning Commission finds the request does not comply with City Code and recommends denial of the proposed variance; and WHEREAS, the City Council is in agreement with the recommendation of the Planning Commission that the request does not comply with City Code 13 -1 -3; and WHEREAS, the City Council finds that the granting of the variance would circumvent the platting process as required by the City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Corrunission and hereby denies the variance request based on the findings in this resolution. Adopted by the City Council of the City of Andover on this 19th day of June, 2012. CITY OF ANDOVER ATTEST, 6hael R. Gam che, Mayor Mi belle Harmer, Deputy City Clerk 11 Resolution R062 -12 Exhibit A Legal Description (PID l 15- 32 -24 -43 -0018) THE EAST 310 FEET OF THE NEST 1010 FEET LYING NORTH OF THE SOUTH 959.36 FEET OF THE SW 1/4 OF THE SETA OF SECTION 15 TOWNSHIP 32 RANGE 24, ANOKA COUNTY, MNNESOTA AS MEASURED ALONG THE WEST & SOUTH LINES OF SAID 1/4 1/4, SUBJECT TO EASEMENT OF RECORD Y O F o��S \hhI 12 OVEOP 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 Dave Carlberg, Community Development Director FROM: Courtney Bednarz, City Planner SUBJECT: Consider Variance Request (12 -01) to City Code 13 -1 -3 Frequency of Splitting Lots at 15873 Linnet St. NW. DATE: June �, 2012 INTRODUCTION The applicant is seeking approval of a variance to allow two lot splits to occur without the three year waiting period required by City Code 13 -1 -3 which states: 13 -1 -3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this method of land division on any parcel more than one time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this chapter. (Amended Ord. 40, 8 -16 -1977) DISCUSSION Review Criteria The city has adopted standards for variances to conform to state statute. City Code 12 -14 -7 is attached. This is an unusual request due to the fact that variances to this section of the City Code are typically reviewed as part of a lot split application as provided by City Code 13 -1 -7 shown below: 13 -1 -7: VARIANCES: Variances from the requirements of this title, Title 11: Subdivision Regulations, and Title 12: Zoning Regulations, may be granted by the City Council as provided in City Code 12 -14 -7, except that any variance request shall be made as a part of the lot split approval process. (Amended Ord. 407, 6- 21 -11) The applicant has provided the attached letter, survey and grading plan to address the findings required for granting a variance. Background — Intent of Ordinance Subdivision of property by metes and bounds description was initially restricted by Ordinance 10 Section 14 adopted in 1972 (attached). This section was based on a similarly worded Minnesota Statute that dates back to 1945 (attached). The purpose of these sections was to limit subdivision of property by metes and bounds description and to require the preparation of plats for a variety of reasons; including: • To allow cities to apply zoning and subdivision regulations as provided by statute • To correct errors in previous metes and bounds descriptions and to prevent new errors in the transcription of lengthy legal descriptions • To simplify legal descriptions through the use of a lot and block number • To ease understanding of property boundaries by graphically depicting them on a plat drawing. 13 As you can see, Ordinance 10 Section 14 provided exemptions from its regulations based on when a parcel was created or when hardship could be demonstrated. It appears the city has approved three variances to allow multiple lots to be created through the lot split process. All of these were approved in 1977 during the time that an ordinance for lot splits was being discussed. In August of 1977 the city adopted Ordinance 40 to formalize a process for splitting of lots by metes and bounds descriptions. This process is essentially a waiver of platting requirements. Limitations were placed on the use of this process, including a limit of dividing one lot into two lots and limiting the use of this process to once every three years. These limitations persist today in City Code 13 -1 (attached). Staff could not find record of a variance being approved to allow splitting of multiple lots through the lot split ordinance after ordinance 40 was adopted. Since that time a number of small subdivision have been approved through the platting process such as Ashwood Estates, Donahue Creekside Addition and Hanson Meadows. Each of these subdivisions were infill developments that created three lots from a parent property as proposed by the applicant. Engineering Department Comments The Engineering Department is recommending that a grading plan be prepared and approved for the entire site so that as lots are individually graded, drainage will not affect lots as they develop. Staff Recommendation Staff cannot recommend approval of the proposed variance due to the fact it conflicts with City Code 13 -1 -7 and the intent of City Code 13 -1 -1 and City Code 13 -1 -3. Planning Commission Recommendation The Planning Commission recommended denial with a 5 -1 vote (Olsen against, Peterson absent). The minutes from the meeting are attached. ACTION REQUESTED The Council is asked to approve or deny the proposed variance and to modify the findings in the attached resolution accordingly. Attachments Resolution Location Map City Code 12 -14 -7 Variances Letter From Applicant Property Survey Grading Plan City Code 13 -1 Splitting Lots, Parcels or Tracts of Land Ordinance 10 Section 14 from 1972 Minnesota Laws Chapter 287 Subd. 2 from 1945 Ordinance 40 from 1977 Resolution Nos. 62 -7, 78 -7 and 82 -7 Ashwood Estates, Donahue Creekside Addition, Hanson Meadows Planning Commission Minutes Respectfully submitted, Courtney Bednarz Cc: Scott Allen 15873 Linnet St NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING/DENYING A VARIANCE TO CITY CODE 13 -1 -3 FREQUENCY OF SPLITTING LOTS ON PROPERTY LOCATED AT 15873 LINNET STREET NW LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the Planning Commission held a public hearing and reviewed the variance request to allow two lot splits without compliance with the three year waiting period provided in City Code 13 -1 -3; and WHEREAS the Planning Commission finds the request does not comply with City Code 13 -3; and recommends denial of the proposed variance; and WHEREAS, the City Council finds NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and hereby approves /denies the variance request based on the findings in this resolution. Adopted by the City Council of the City of Andover on this th day of 2012. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor 14 15 Resolution R Exhibit A Legal Description (PID # 15- 32 -24 -43 -0018) THE EAST 310 FEET OF THE WEST 1010 FEET LYING NORTH OF THE SOUTH 959.36 FEET OF THE SWIA OF THE SE1 /4 OF SECTION 15 TOWNSHIP 32 RANGE 24, ANOKA COUNTY, MINNESOTA AS MEASURED ALONG THE WEST & SOUTH LINES OF SAID 1/4 1/4, SUBJECT TO EASEMENT OF RECORD C I T Y (1 F NDOVER - Incorporated 1974 N Variance 15873 Linnet Street NW 161 ST AVE 16045 / �g g 16 Location Map SSGP 5c9`J ?& l' 15929 -- 15911 15827 5823 Woodland Crossings Park J 2012 N t �n '' Subject Property Ip N N � 1966 0 co 1 r' m 0 r 2031 N po � 0 N N J N Variance 15873 Linnet Street NW 161 ST AVE 16045 / �g g 16 Location Map SSGP 5c9`J ?& l' 15929 -- 15911 15827 5823 Woodland Crossings Park U) F ro ro L� 2119 15629 0 mlvlo m m GLEN I 4 CgOSSNn 7 � �S3 15625 J m a IGIREYOAKS ,000 J 2032 t �n '' Subject Property 15936 S 1966 r' m 0 —� v 5914. - -_ 1971 m rn rn rn HWY R/W PLAT 02 rn 15858 '5856 46 15844 E '5842 2023 2043 15832 15830 158351 158TH AVE CARDTINAL' RIDGE 158211 15808 15807 15806 158091 2038 0 15796 15797 15798 15784 15783 15786 2057 15110 15771 15772 L15787 y�P 15760 15757 m 15758 -EN- 157TH 0 q 2032 �- 1950 m 0 m °SHAW: W J > 15660 15651 Z U) F ro ro L� 2119 15629 0 mlvlo m m GLEN I 4 CgOSSNn 7 � �S3 15625 J m a IGIREYOAKS ,000 J 51. t �n '' Subject Property " E S City Code 12 -14 -7 Variances . 17 12 -14 -7: VARIANCES:' A. Variances Authorized: The City Council, as authorized by Minn. Stat. .462.354 subdivision 2, and Minn. Stat. 462.357; subdivision 6, shall have the authority to hear requests for variances from the.requirements of the zoning ordinance and other sections of.the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 407, "6- 21 -11) . B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: — _— - - - - -- a. The property owner proposes to use the property in a - - - - --- reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; - d. Economic considerations alone do not constitute practical difficulties. (Amended'Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6-21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out City Code 12 -14 -7 Variances 18 application form together with a fee asset forth by ordinance'. (Amended Ord. 407, 6- 21 -11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him/her to obtain a variance, shall have the fee refunded if his /her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue - and -the potentiallialth,afety -or we are t reat TFe City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6- 21 -11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 10 -21 -1970) Attachment 2a Honorable Mayor and Council Members: Letter From Applicant g I am requesting a variance from city code title 13, section 13.1.3 (frequency of splitting hots) allowing me to split and sell two of my fourfuture lots at this time. As you can see in attachment 2b of this request, the two future lots in question have been fully graded to plan, Cardinal Ridge god Edition, and once split from existing property will be ready for sale. I currently have a builder interested in purchasing them but obviously need to get this variance approved and the lot split process completed. I understand the reasoning for the necessity of this section of code, to prevent lot splitting in large parcels without a grading plan but as you can see my two lots are fully graded to plan and therefore I am requesting your approval to this variance. Thank you for your consideration. Sincerely, Scott Allen 15873 Linnet St NW Andover, MN 55304 Section 13.1.3: Frequency of splitting lots: No owner may utilize this method of land division on any parcel more than one time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this chapter. (Amended Ord. 40, 8 -16 -1977) CERTIFICATE OF SURVEY Property Survey for MINKS CUSTOM HOMES, INC. 1 � W I N W i ra'PoS ` b � 9031 % 10r__902e_ g �y gam_ toL_ °f -- -- �< Erl _ �rf ycs/ a" 040 r© �9�01 0`90 o _ x CLa p JJ P-PAH.9W)em "k b 902 0; -- 937 91. D k---,41L1 /X e i .99.0 � 1 L < e93o \il x 821 z I fe9)3 DB ' `\ x.9].9 .97.9%` \\ /1 xe9e.l x1896.9 1 J L Mao 1 I% � 1 d93I _ 4k II 1 \ I \ I \ IhaL---- - - - - -- 0 1 lit N88146101 "V/ 1 11 MIDWEST Land Surveyors k MvU Engineers, Lac. 710 Ecsl Rlr Road Moira, W 55703 Ph. 753 -712 -9099 For. 757 -712 -9055 Jcb IN. 03 =420 Book -Page OCF Acad Far. 03 =_420 (C)2mi - W0,,l L9ld au s 0.M Fn9Amn. mi - AA RI'ht. Reeved. DESCRIPTION Me east 310 Act of the mat 1010 feet lyhq north of the south 959.J8 feet Of the Southwest Qvwfw of the Southeast Qw1ar, Secum 14 Township JZ Range 24, Mato County Mh7amta, as maowrsd along the west and south fifes of *old Southeast Quarter of the Southeast Atartm SubJGet to d ro°dsay soasment over, under ond across that part of the above dom#JSd property sfikdl Rss t `; y of a Ihs padld with and J000 feet east of the fWowhg described line herehoRw referred to as the A': Begkslhq at the southwest caner of the oboes described propwty, thm" an an assumed bearing of North 00 degrees 38 mkmiss Jar seocrnds East ding the west !ins of sold property a distance of 9359 fast thm" natheastwfy a distance of 109.48 feet ding a tagwUd cr mmw to the seat having a radius. of 70000 feet and a anb'd m9io of 20 degrees 54 mhutes J4 ssoorrdv thence North 21 doylies JJ minutes 11 seconds East tangent to fast described tuna a distance of 5001 fsot thence nalhedy a dlstanu of 10585 fast dmg a tangential tune =am to the west haMlq a rodbir of JO000 feet and a cmtrol angle of 20 degrees 12 minutes 57 seconds to the north the of said described property and said Ant A' there . tarmhoting. fie side line of said easement Is pra7mged or shortened to twm]nate an the north and south the of said described property. Also subbct to a drainage and ut9Ry easement over, under and across the north 1000 foot and the south 10.00 feet and the east 10.00 feet of sold described property. And that part of odd desar@ed property Uhg between a line drown parallel with and 3000 lest east of said desalDed line A' and aline drawn parallel with and 40 het east of said described line A' fie sidelines of said sas wt Oro prolonged or shoftmed to terminate an the north and south the of sold property. ------ - - - - -( S 1 `\ arch fiw'd aIl 11 1 9040. 69 8' nor.; ' — lr__ -___.y ___ _._._.____.. __ -___. _ _. —, ._.❑ _ -Dmoly -Wood Make -Sat._ £a Emawtlon Dnly Donates Sbrfw* Drainage I I ( ) Denotes Proposed Dewt(m r i x90.11 rwe tom, lo'cok J 1 907.3 eA6-2 Top of Block E7owtfon )e,. 904s x9. I 0� a. I s 905.. °ti °crag. Aaor Dewflm s`y00' �I SN /^ e °rt h 899.2 fmL _ Lowest near D.wtim 9027 ; 4 Yom- ♦ 1 I)pe of 8u947g: A Wood Frame Nwae e' t "k 1 Bmchmorlc lP narMeost mean of amn.rf ea W24 \ B'a'Oo-k 1 1 10 "auk D.wf/m " 90192 '°oz xao2a �' 14 ca I ALL BUILDING DIMENSIONS 793. i AND FLOOR ELEVATIONS MUST xgu3o Isc`ak { 4 BE VERIFIED By BUILDER. x9oxa i x899.1 1 x9cU6 I m 1 1 1 \\ x90214. Pok I O s(�'y mrx I "r +Iron en \ x9h.? m m I > Scale: 1" 50' \ \ I1'a.k� \ \♦ - h. i`� I i ` y • Dm96, 1/2 hah by 14 hob Goa pipe mmument set, marked wlm n a /ma _ Ygyg.g Ie"Oak 12.lik p cop hscY,bed RIVARD RLS 7942!' IC'kl4' 1 The odmicflm of tbl. Bearing SJetsm ` -- is assumed. iC ACE t U1 f EAS ENi 110 xe➢7.9 .--— J - - - -- `_— I -0 «elan A,WSf £f.wH« a «ate. earl 310.00i ® - D «lit., u «hd. a � i l4+h­6, � 1. ffio nib .Ar.e 'ran - "�. 'es "9 ey m. v under my d'rect svp»flrm and tool r «e J0.' .re> C.. inn or h. Stofs of mJ .eafa N9 cMlrtcvf ;« Mdaq.er li'e-dw to xdsryv «t . «w; mwYkvpma «live Awe, -x ury... NG wny hee Doren r ea f.r bill p .m by a. aurnyr. OafN fNh A day of Dz_b.r - 2MJ By gnf' U Nn 19421 Birk. L .hare - Mhn.nl. L .11 tend bLrnJv NW NI. 2.H pay or .Una 2004 all r a O = 157TH L — — _ F_ Sv Grading Plan' 2 zz I 11 l � I / I )ryL I -4 + I I ° F - ------------ I _ I II I I I I O I I (i) I �ti I I iII1 awl \i h 1- 1''I I 1 I Z� --------- 31 II x I I I �- I 1K Jc li - - - -- - - }o � II i I I I __J10 i Fo I I I I N I 1 I I I� Im — _T T_ — F pom Ilc v m /off j, ✓ \ p/ /\/((( a. - III 'O ly /) F O Cj/ • a;E r- II II I pfeg1io1 ep. }4ixl- � I '^°`7 m--1m 1 'a£i n££ <£'z 'z pfo .. °9., ^r-`- _- ---- - x3� I � 1 cJr I �AD � 1 1 1 mz i Ei- �5ma I Sic 1e ___- _____ -_J� 5 A oma E 2 A FF E13 N-aiGj I 11 III c j 1 O ! IY A m A m y D2 °c _ - -- j .0I. f y7� z z I 0 I II o 3� � N I •• I I F3 z I II r 1 I I p m� °ZFN L A ?D o €° -- \ \ aa0 �OZ ' II1 J °ry ym� m -pi- c° I rzy pzm mmin 1 1 iK'uH m i I ^ II- iZ0 - _o°° LT 1 ma, .g °.MO 1� ym zm0 n o�lyT° za 1 oy9 — — > Z m l Eo 0 zavz I 1 ao x oo�^o I S O y r 1 v n ° moms j zma m z r 0, _.rI. >° o o_ � °c 'rap z ' - --- � n n v ZZ z � o f7 0 Y E a O = 157TH L — — _ F_ Sv Grading Plan' 2 zz I 11 l � I / I )ryL I -4 + I I ° F - ------------ I _ I II I I I I O I I (i) I �ti I I iII1 awl \i h 1- 1''I I 1 I Z� --------- 31 II x I I I �- I 1K Jc li - - - -- - - }o � II i I I I __J10 i Fo I I I I N I 1 I I I� Im — _T T_ — F pom Ilc v m /off j, ✓ \ p/ /\/((( I 'O ly /) F O Cj/ • a;E r- I � I H11 I pfeg1io1 ep. a O = 157TH L — — _ F_ Sv Grading Plan' 2 zz I 11 l � I / I )ryL I -4 + I I ° F - ------------ I _ I II I I I I O I I (i) I �ti I I iII1 awl \i h 1- 1''I I 1 I Z� --------- 31 II x I I I �- I 1K Jc li - - - -- - - }o � II i I I I __J10 i Fo I I I I N I 1 I I I� Im — _T T_ — F pom I ..000 ®� I i�trx { ®•FZdieli oo ^eivav °.a'i p F�qI I � I H11 I pfeg1io1 ep. }4ixl- � I '^°`7 1 'a£i n££ <£'z 'z pfo .. °9., ^r-`- _- ---- - x3� �Fn�B ^ fuaRV 5 A 22 City Code 13 -1 Splitting Lots, Parcels or Tracts of Land CHAPTER 1 SPLITTING LOTS, PARCELS OR TRACTS OF LAND SECTION: 13 -1 -1: Definition 13 -1 -2: Minimum Lot Requirements 13 -1 -3: Frequency Of Splitting Lots '- 13 -1 -4: Application For Lot Split 13 -1 -5: Fees 13 -1 -6: Review And Recommendations 13 -1 -7: Variances 13 -1 -8: Compliance With Provisions 13 -1 -9: Application And Term Of Provisions; Conflicts 13 -1 -10: Enforcement And Penalty 13 -1 -1: DEFINITION: A "lot split" is any division of a lot, parcel, or tract of -- -- - -- --- .Ian-d -into- not�n-ore -- than= two- (2)= parcels-Wen- both - d ivided - parce s mee - t =or- -_ exceed the minimum requirements for platted lots in the applicable zoning district. (Amended Ord. 40, 8 -16 -1977) 13 -1 -2: MINIMUM LOT REQUIREMENTS: No lot; parcel or tract of land shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the zoning district wherein the lot is located. (Amended Ord. 40, 8 -16 -1977) 13 -1 -3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this method of land division on any parcel more than one time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this chapter. (Amended Ord. 40, 8 -16 -1977) 13 -1 -4: APPLICATION FOR LOT SPLIT: The applicant shall provide the following information: A. The scale and north direction. B. Dimensions of the property. C. Names and locations of adjacent streets. D. Location of existing buildings on and within one hundred feet (1001) of subject property. 23 E. Current zoning and legal description. ; F. Sufficient proof that.the lot has.not been split within the last three (3) years. G. A list of the property owners within three hundred fifty feet (350') of the lot split. H. Such other information as may be required to fully represent the intent of the lot split. (Amended Ord. 40,'8 - 16-1977) 13 -1 -5: FEES: A. There shall be a single charge as set forth by ordinance: plus: consultant's fees, if any, fora lot split application'. B. Where parkland was dedicated or a park fee paid at the time the original parcel was created, there shall be no park fee assessed or land dedicated at the time ,of;the, lot split application. If no park fees have ___— _b_een assessed nor-land_dedi.cated as_ab.ove the- fee,_as- set_forth.b_y ordinance for each lot created under this chapter, maybe assessed for - park fees2. (Amended Ord. 40,8-16-1977; amd. 2003 Code) 13 -1 -6: REVIEW AND RECOMMENDATIONS:_ A. Planning And Zoning ;Commission Review: -The proposed lot split shall first be presented to the Planning and Zoning Commission for its review and _ recommendation. Such recommendations shall consider land uses, traffic control, zoning regulation, future developments, and conformance with the comprehensive development plan, and any other criteria deemed pertinent by the Planning and Zoning Commission. (Amended Ord. 40, 8 - -16- 1977) B. Notice To Adjacent Property Owners: Upon receipt of an application for a lot split, the Community Development Director shall notify by mail all property owners within three hundred fifty feet (350') of the property of the date of the review of such lot split. (Amended Ord. 40, 8 -16 -1977; amd. 2003 Code) C. Planning And Zoning Commission Recommendation To City Council: The division of a lot may be recommended for approval; provided that such split is in conformance with the City Comprehensive Plan, does not interfere with orderly planning, is not contrary to the public interest and does not nullify the intent of this chapter. to 24 D. City Council Action: 1. Following review and recommendation by the Planning and Zoning Commission, the request for a lot split shall be placed on the agenda of the City Council in the following manner: a. Recommendations from the Planning and Zoning Commission meeting held on the second Tuesday shall be placed on the agenda of the City Council at the first Tuesday meeting of the following month. b. Recommendations from the Planning and Zoning Commission meeting held on the fourth Tuesday shall be placed on the agenda of the City Council at the third Tuesday meeting of the following month, unless there are five (5) Tuesdays in the given month from which the recommendation of the Planning and Zoning Commission is made, in which case, the recommendation shall be placed on the agenda of the City Council at the first Tuesday meeting of the following month. 2. Within sixty (60) days following receipt of the proposed lot split from the - - -- - -- --- Plannin- g=and=Zoning= C-ommissiorT7the- Council - shall- approve -or — — disapprove by resolution. If approved, a certified copy of the resolution approving the lot split shall be forwarded to the petitioner. E. Record Of Lot Split: The lot split, together with a certified copy of the resolution, shall thereafter be filed with the County Recorder's office. F. Time Limit On Implementing Lot Split: If the City Council determines that the conditions of approval are not met within twelve (12) months, the lot split will be null and void. (Amended Ord. 40, 8 -16 -1977) 13 -1 -7: VARIANCES: Variances from the requirements of this title, Title 11: Subdivision Regulations, and Title 12: Zoning Regulations, may be granted by the City Council as provided in City Code 12 -14 -7, except that any variance request shall be made as a part of the lot split approval process. (Amended Ord. 407, 6- 21 -11) 13 -1 -8: COMPLIANCE WITH PROVISIONS: A. The effect of this chapter shall not work to preclude compliance with utilities hookup, payment of levied and pending assessments, and performance of any other requirements of the ordinances of the city. B. The owner, or agent of owner, of any parcel shall not divide any lot or 25 parcel for the purpose of sale, transfer, or lease with the intent of evading the provisions of this chapter. r C. The owner, or agent of owner, of any parcel shall not sell or otherwise convey said parcel with the intent of evading the provisions of this chapter or circumventing attempts to plat acreage or otherwise subdivide tracts of land within the city. (Amended Ord. 40, 8 -16 -1977) D. No subdivision of land is allowed in the area designated.on -the Comprehensive Plan as "rural reserve" unless storm sewer, sanitary sewer and a municipal water.supply are constructed to serve the area being divided., T.he following exception is allowed: excluding minor parcels that will not allow for additional building units that will not impede future development of the rural reserve upon approval of the City Councils (Ord. 274, 9 -2 -2003) 13 -1 -9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS: A. This chapter shall apply to and govern the entire city during the period for which it is in effect. This chapter, during its effective period, shall replace and supersede provisions in all other ordinances and regulations applicable_to_th_ e_city_ which- ar_e_in_ conflict- or_inconsistent -with -the ___.___ provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this chapter shall.continue in full r' force and effect. 13 -1 -10: ENFORCEMENT AND PENALTY: Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. The lot splitting not in accordance with the requirements of this chapter may be enforced by mandamus, injunction, or any other appropriate remedy.in any court of competent jurisdiction. (Amended Ord. 40, 8 -16 -1977) i-2- I � I. Compliance with Law. The final plat shall be prepared in accordance with all applicable State laws and County ordinances. 11.01. Council Action. The Council shall act on me final plat within 60daysof the dateon which itwas filed With the Clerk. The final plat shall not be approved if it does not conform to the preliminary plat including all changes required by the Council, or does not meet the engineering anddesign standards and specifications of the Community. 11.03 Recording. Following approval of the final plat by the Council, the Clerk shall promptly notify the subdivider of said approval and within 30 days thereafter, the final plat shall be recorded with me Register of Deeds or Registrar of Titles of Anoka County. The subdivider shall forthwith furnish the Clerk with a tracing and 3 copies of the final plat as recorded, showing evidence of the recording on said copies. Failure of the subdivider to comply with the requirement of recording shall be cause for rescission of approval. 11.04 Required Final P121 Data, It Shall be a condition to the approval of a final plat that the following data shall be shown on said plat or shall be furnished therewith: a. Municipal, township, county or section fines accurately tied to the boundaries of the subdivision by distances and angles. b. Accurate angular and lineal dimensions for all Frets, angles and Curvatures used to describe boundaries, streets, easements, areas reserved for public use, and other important features shall be shown. Complete curve data shall be shown, including radii, internal angles, points and curvatures, tangent bearings, and lengths of all arcs. Dimensions of lot lines shall be shown in feet and hundredths of feet. No ditto work shall be permitted in indicating dimension. C. Official monuments as designated and adopted each corner or angle of the outside boundary of the final plat. Location and ties of all monuments shall be shown. d. Pipes or steel rods shall be placed at each corner of each lot and the location thereofshall be Shown. e. An identification system for all lots and blocks shall be shown. I. Streets shall be named and all names shall be shown. A sequence of street naming shall be followed consistemwilh the pattern that has been established In the area. g. In the event the final plat is a re -plat of an earlier . subdivision, the original platting of the subdivision shall be shown and identified by dolled lines. h. Judicial and county ditches shall be sham by dimensions and angles as determined from county records. 1. Low land and water areas shall be indicated by an identification symbol. I. The maximum highwater level as defined in the Department of Conservation Regulations and Statewide Standards and Criteria for Management of Shoreland Areas of Nlinnesola. k. All utility and drainage easements, and the dimensions thereof, shall be shown. I. The names and platting of adjoining subdivisions shall be shown and identified by dotted lines to a distance of IM feet from the boundaries of the subdivision under consideration. Lot, block and street arrangements of such adjoining subdivisions shall be shaven. Where adjacent land is unplatted, it shall be so indicated m. Before any residen!ial plat may be approved and before any permit may be issued for a residence (herein, the subdivider shall first present competent Proof that the natural ground wafer level at all times in Said subdivision is nol less Ihan 3 feet below the level of Ire lowest portion of the proposed structure, or that a salisfaciory system of ground water control will be Ordinance 10 Section 14 from 1'2 6 constructed as an integral part of the proposed subdivision is filed within 6 months Of the effective0ese residential subdivision. of this ordinance. SECTION 11. REGISTERED LAND SURVEYS. The provisions of this ordinance shall apply to all registered land surveys within the Community, and the standards, regulations and procedures hereof shall govern the subdivision of land by registered land survey. Build:nq permits shall be withheld an tracts which have been subdivided by unapproved registered land surveys; and the Community shall decline to accept tracts as streets or roads or to improve, repair or maintain such tracts within an unapproved registered land survey. SECTION 11. EASEMENTS. Prior to the submission of a final plat, registered land survey or land subdivision to the Council for approval, the subdivider shall furnish the Community with all easements for utilities, drainage, street rights. of -way, surface water Ponding, and such other public uses as shall be found to to necessary, convenient or desirable by the Community. Said easements shalt be in proper form for recording in the Office of the Register Of Deeds Or Registrar of Titles. Duplicate certificates of title shall be made available for the filing of easements on registered land. No final plat Shall be approved by the Council until (here has been full compliance with this section. SECTION 14. RESTRICTIONS ON FILING AND RECORDING CONVEYANCES. 14.01 Restrictions on Filing and .Recording. In accordance with applicable State law, no conveyance of land to which the regulations are applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by ref erence to an unapproved registered land survey made after April 21, 1961 or to an unapproved plat made after Such regulations become effective. The foregoing provision 90gLrot aaow to a conveyance if the land described the date of adoption of subdivision regulations under Laws 1945, Cha Ater 287; whichever is the later, or of the adoptionof subdivision regulations Pursuant to a home rule charter, or (2) was the subject of a written agreement to convey entered into prior to such time, (3) was a separate parcel of not less than two and one-half acres In area and 150 feel in width On January 1, 1956 or is a single parcel of land not less than five acres andhaving a width of not less than300 feet. In any case in which compliance with the foregoing restriclions will create an unnecessary hardship and failuretocomplydoes not interfere with the purpasecf the subdivision regulations, the platting authority may waive such compliance by adOPHIn of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in v)olalion of the provisions of this subdivision shall forfeit and pay - to the municipality a penalty of not less than S300.00 for each lot or parcel so conveyed. A municipality may enjoin such conveyance or may recover such penalty by a civil action in any eouri,of competent jurisdiction. 14.02 Hardship.: In any case inwhich compliance with he foregoing restrictions will create an unreceSSary lardship and failure to comply does not interfere with the purpose'of this ordinance, the Council may waive such compliance by adoption of a resoiulim to that effect and the conveyance may then be filed or 14.03 Penalty. Any owner I. agent of the owner of land who conveys a lot or parcel in violation of the Provisions of this section Shall fnrteit and pay to the Community a penally of Oat less Than 5100 Ix each lot or parcel so conveyed. The Community may enjoin such conveyance or may recover such penalty by a civil action in any court of Competent iurisdiction. SECTION 15. PLATS PREVIOUSLY APPROVED. All preliminary or final Plats, registered land surveys, or other subdivisions of land approved by the Town Board but not filed with the Register of Deeds under previous ordinances shall not be subject to reGUirements OF this ordinance, provided said SECTION It. PERMITS 16.01 Improvements. All electriC and gas distribution lines or piping, roadways, walks and other similar improvements shall be constructed only On a street, or other public way or easement which Is designated on an approved plat, or properly indicated on the official map of the Community, or which has otherwise been approved by the Council. 16.02 Access. No permit for the erection o any building shall be issued unless such building is to be located upon a parcel of land abutting on a street or highway which has been designated on an approved Plat, or on the official map Of the Community. Or which has been olherwise approved by the Council. This I imilalion on issuing permits Shall not apply to planned unit developments approved by the Council pursuant to the Zoning Ordinance. 16.01 Limitations. No building permit shall be issued forlheerectionof any building chary land conveyed In violation of the provisions of this ordinance. No permit shall be Issued for the erection of any building on any tract Of land described by metes and bounds and consisting of less than 5 acres and having a width of less than 330 feel. SECTION 17. VARIANCES. 11.01 Hardship. The Council may grant a variance from the requirements of this ordinance as to specific tracts of land where it is shown that by reason of topography at other - physical conditions strict compliance with these requirements could cause an exceptional and undue hardship to the enjoyment of a substantial property right; provided, that a variance may be granted only if the variance does not adversely affect the adjacent property owners and Comprehensive Plan or the spirit and intent of this ordinance. shall be filed with the Clerk, and shall state fully all facts relied upon by the applicant. The application shall be supplemented with maps, plans or other data which may aid in an analysis of the matter. The application shall be referred to the Planning Commission for its recommendation and report to the Council. 17.03 Council Action. Novariance shall be granted by the Council unless if shall have received the affirmative voteof amajorityof the full Council. SECTION 18. VIOLATION AND PENALTY. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon CdnvlClion thereof shall be Punished by a fine of not more than 53W or by imprisonment not to exceed 90 days or both for each offense. The platting, replotting, subdividing or conveyance of land not in accordance with the requirements of this ordinance may be enforced by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction_ SECTION 19. REPEAL All ordinancesor portions thereof in conflict with the Provisions of this ordinance are hereby repeated. SECTION 20. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Council this 15th day Of February, 1972. ' - Lou Appleby CHAI RMAN ATTEST: Mary L. West CLERK abcdefghijklmnopgrstuwrrxyZ Published in Anoka Co. Union Feb. 25, 1972 27 iVlinnesota Laws Chapter 287 Subd. 2 from 1945 287] OF MINNESOTA FOR 1945 505 reasonable `regulation of the municipality.applicable thereto.; No plat shall'be filed or accepted tfor .filing unless it is accom- panied by A ",certified copy of the resolution approving .it or accepting it as,being in accord and conformity with any plans or regulations as herein specified. A copy of this resolution shall be supplied .to the applicant. Subd. 2. Description in conveyance. In any municipality in which such platting regulations are in force; no conveyance of land in which the land conveyed is described by metes and bounds or by reference to a plat made after such regulations become eNctive which is" not approved as provided in Subdi- vision 1 shall :be made or recorded if the parcel described in the conveyance is: less than two and one -half acres in area and 150 feet in width unless such parcel is a. separate parcel of record at "the time of`the adoption of this act or of the - adoption of platting regulations under this .act, whichever is the later; or unless an agreement to convey such smaller parcel has been entered into prior to such time and the instrument the register of :deeds within one -year_ thereaf ter. In and case in which :compliance with the foregoing provision will involve an unnecessary hardship and failure to comply does not inter - fere with the purpose of such platting regulations, the govern- ing,body may waive such compliance by adoption of a resolu- tion to that eff ect with the consent of the planning commission, if _there is _one, and the conveyance _inai/ then. be recorded._:4np_ _ owner or agent of the owner of land who conveys a lot or parcel -in violation of the foregoing provision shall forfeit and pay to the municipality a penalty of not less than $100.00 for each lot or parcel so conveyed. A municipality may enjoin such conveyance by action for injunction or may recover such penalty by a civil action in any court of competent jurisdiction. Subd..3. Published notice. When a copy of any plat is filed with a municipality for approval, published notice shall be given of a'public• hearing to be held within 30 days there- after, in a newspaper published in that municipality or in the county if there is no newspaper published in the municipality. At such hearing all persons interested therein may be heard and the council may thereafter, approve or disapprove the plat. Such approval or disapproval shall be given not more than 60 days after the filing of any plat with a formal request for its approval. The grounds for any refusal to approve a plat shall be set forth in the proceedings of the council and reported to the person or persons applying for such approval. Plats after approval, may then be recorded as now provided by law. ly CITY OF ANDOVER 28 COUNTY OF ANOKA Ordinance 40 from 1977 STATE OF MINNESOTA ORDINANCE NO.40 AN ORDINANCE REGULATING THE DIVISION OF LOTS WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: SECTION I- DEFINITION A lot split is any division of a lot, parcel or tract of land into not more than two (2) parcels when one or both divided parcels have a width of less than 300 feet and are less than five (5) acres in size. A. No lot, parcel or tract of land shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the zoning district wherein the lot is located. B. No owner may utilize this method of land division on any parcel - - - -- -- -more -than on-e e -(I) -time iri any-tkree (3) year period. A three (3) - - -- - -- year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this ordinance. SECTION II - APPLICATION Application for a lot split shall be made on forms furnished by the City and shall include a drawing showing: 1) The scale and north direction . 2) Dimensions of the property. 3) Names and locations of adjacent streets.. 4) Location of existing buildings on andvifizi 100 feet of subject property. 5) Such other information as may be required to fully represent the intent of the lot split. 6) Current zoning and legal description. 7) The applicant must provide sufficient proof that the lot has not been split within the last three (3) years. 8) Provide a list of the property owners v, itnin 350' of the lot split. SECTION III - REVIEW AND RECOMMENDATIONS A. The proposed lot split shall first be presented to the Planning and Zoning Commission for its review and recommendation. Such recommendations shall consider land uses, traffic control, zoning regulations, future developments, and conformance with the Comprehensive Development Flan, and any other criteria deemed pertinent by the Planning and Zoning Commission. Kut B. Upon receipt of an application for a lot split, the Clerk shall notify by mail, all property owners wi thin 350 feet of the property of the date of the review of such lot split. C. The division of a lot may be recommended for approval, provided that such split is in conformance with the City's Comprehensive Plan, doe's not interfere with orderly planning, is not contrary to the public interest and does not nullify the intent of this ordinance. D. Following review and recommendation by the Planning and Zoning Commission, the request for a lot split'shall be conveyed.to the City Council. Within 60 days following receipt of the proposed lot split from the Planning and Zoning Commission, the Council shall approve or disapprove by resolution. If approved, .a certifiedcopy. of the resolution approving the lot split shall be forwarded to the petitioner. The lot split, together with a certified copy of the resolution, shall thereafter be filed with the Recorders Office of Anoka County. SECTION IV - APPEAL PROVISIONS The City Council shall have the power to vary or modify the application of any- pr- ovi -s- ions -in- this- o- r-d- inance -u -pon its - determination -in- its -absolute — - - - -- legislative discretion that such variance or modification is consistent with ? the letter and intent of the.Comprehensive Plan or proposed amendment upon which this ordinance is based, and with the health, safety, and general welfare of the City of Andover. Upon receiving any application for such variance or modification, (such application shall include , the - information contained in Section II of this ordinance) the City Clerk shall refer such application to the Planning and Zoning; Commission of the.. City for report -of said Planning and Zoning Commission with respect to the effect of the variance or modification upon said Community Development Plan or proposed amendment. Such report shall be returned by the Planning and Zoning Commission to the City Council within 60 days for City Council action. SECTION V - FEES A. There shall be a single charge of $25. 00 plus engineering costs, if any, for a lot split application. B. Where parkland was dedicated or park fees paid, there shall be no park fee assessed or land dedicated. If no park fees have been assessed nor land dedicated, the charge of $100 for each lot of less than five acres in size created under this ordinance, shall be assessed for park fees. l <P 1. 30 SECTION VI - COMPLIANCE A. The effect of said Ordinance shall not work to preclude compliance with utilities hook -up, payment of levied and pending assessments, and performance of any other requirements of Ordinances of the City of Andover. B. The owner, or agent of owner, of any parcel shall not divide any lot or parcel for the purpose of sale, transfer, or lease with the intent of evading the provisions of this Ordinance. C. The owner, or agent of owner, of any parcel shall not sell or otherwise convey said parcel with the intent of evading the provisions of this Ordinance or circumventing attempts to plat acreage or otherwise subdivide tracts of land within the City of Andover. SECTION VII - PENALTIES Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. The lot splitting not in accordance with the requirements of this ordinance ma- y- be- onto- r-ced =by- -man amiss— in�-,natron —or -- any - other - appropriate remedy -- -- in any court of competent jurisdiction. SECTION VIII - AFFECTED AREAS: SUPERCEDES This ordinance shall apply to and govern the entire City of Andover during the period for which it is in effect. This ordinance during its effective period shall replace and supercede provisions in all other ordinances and regulations applicable to the City of Andover which are in conflict or inconsistent with the provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this ordinance shall continue in full force and effect. A. Variance provisions and requirements thereto under Section 17 of Ordinance No. 10 of the City of Andover do not apply to this ordinance. SECTION IX - VALIDITY. AND EFFECT The validity of any word, sentence; section, clause, paragraph, part or provision of this ordinance shall not affect the validity of any other part. This ordinance shall be in effect until amended, revised or superceded by the City of Andover. Adopted by the Andover City Council this 16th day of August 1977. C7Y OO- F/ANDOVEP 1� ( G'Jra,Jd,Jins /iil - D/fayor 31 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ( NO. 62_7 J A RESOLUTION APPROVING A VARIANCE REQUEST FOR THE DIVISION OF LAND FOR DONALD HALLBLADE IN.THE GREEN ACRES AREA. WHEREAS, a financial hardship has been incurred by the property owner as a result of sanitary sewer assessments, and WHEREAS, a further financial hardship would be incurred if the property owner was required to plat, and WHEREAS, such costs would increase the price of each lot to an unreasonable figure, and WHEREAS, the lot split is compatible with the surrounding area as to size and usage. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby_gxant_a va.rianc -e _ to_D_onald- and- Barba- ra- Hallblade - - - -- allowing them to divide Parcel No. 6370, Plat 65929, into three separate parcels without following platting procedure as required by Ordinance No. 10. BE IT FURTHER RESOLVED by the City Council of the City of Andover that such variance, approval is subject to the attached drawing, shown as Exhibit "A ", relative to drainage easement on the proposed northeast parcel. Adopted by the City Council of the City of Andover this 17th day of May 1977. TEST: Patricia K. L (City Seal) 0 - ,fCity Clerk l0 CITY OF ANDOVER J ry tiJindschitl - Mayor CITY OF ANDOVER 3 2 COUNTY OFANOKA STATE OF MINNESOTA NO. 78 -7 A RESOLUTION APPROVING THE VARIANCE REQUEST FROM THE PROVISIONS OF ORDINANCE NO. 10, FOR THE DIVISION OF PARCEL 550, PLAT 68110. WHEREAS, pursuant to the provisions of Ordinance No. 10, the Andover Planning and Zoning Commission has reviewed the variance request to subdivide Parcel 550, Plat 68110 into four separate lots, and WHEREAS, as a result of such review, the Andover Planning and Zoning Commission is recommending approval of the variance, and WHEREAS, the Planning and Zoning Commission is making such recommendation in that the lots are compatible with the surrounding area and there has been no public opposition, and WHEREAS, the Andover Park and Recreation Commission is recommending that a park dedication fee not be required inasmuch as the fee was paid with the original plat, and VHER -E - —t e City Engineer - has- repaxted- favorably- on-the— - -- divisioniper the attached map and legal descriptions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the variance request by T. Cherney for the division of Parcel 550, Plat 68110, described as Lot 1, Block Z, Red Oaks Third Addition, pursuant to Ordinance No. 10, Section rA.02, into four (4) separate parcels per the attached "Exhibit A". BE IT FURTHER RESOLVED by the City Council of the City of Andover that said variance is approved contingent on the payment of an Escrow Deposit of $50. 00. Adopted by the City Council of the City of Andover this 5th day of July_, 1977. k CITY OF ANDOVER ;q Jerry Wpl dschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R82 -7 A RESOLUTION APPROVING A VARIANCE REQUEST FRO M THE PROVISIONS OF ORDINANCE.NO; 10, FOR THE DIVISION OF PARCEL 4700, PLAT 65933. WHEREAS, pursuant to City Ordinance No. 10, the Andover Planning and Zoning Commission has reviewed the variance request of Richard Hoggatt to subdivide Parcel 4700, Plat 65933 into three (3) lots, and WHEREAS, as a result of such review, the Andover Planning and Zoning Commission has recommended approval, and WHEREAS, the Andover Planning and Zoning Commission cites as reasons for 'such recommendation`as being 1) lots created are compatible with the surrounding area, 2) Coon Creek Watershed Board has approved the division, and 3) there has been no public opposition, and WHEREAS, the Andover Park and Recreation Commission has recommended that the developer pay $100.00 per lot as park dedication fee. 33 NOW, THEREFORE, . BE IT RESOLVED by the City Council of the City f o over to hereby approve a variance request from Richard Hoggatt for the subdivision of Parcel 4700, Plat 65933 into three (3) separate parcels; said Parcel 4700 described per the attached Exhibit "A "; with said variance being granted from Ordinance No. 10,- Section L4. 02. BE IT FURTHER RESOLVED by the City Council of the City of Andover that said variance is approved contingent on the payment of $300. 00 as park dedication fee. 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Motion carried on a \ PUBLICHEARING: Variance (12 -01) to City Code 13 -1 -3 Frequency of Splitting _j Lots at 15873 Linnet Street N6v City Planner Bednarz stated the applicant is seeking approval of a variance to allow two lot splits to occur without the three (3) year waiting period required by City Code 13 -1 -1 This is an unusual request due to the fact that variances to this section of the City Code are typically reviewed as part of a lot split application as provided by City Code 13 -1 -7. He reviewed the background and the intent of the ordinance. The Engineering Department is recommending that a grading plan be prepared and approved for the entire site so that as lots are individually graded, drainage will not affect future lots as they develop. Staff cannot recommend approval of the proposed variance due to the fact it conflicts with City Code 13 -1 -7 and the intent of City Code 13 -1 -1 and City Code 13 -1 -3. Commissioner Olson stated that the two (2) proposed lots are included in the grading plan that was provided to the Commission. This plan also includes a.retention pond. He asKect it the pone nao an outlet to the south. tie also asKeo wny tnese lots were incorporated into the Cardinal Ridge Plat but they were not subdivided. City Planner Bednarz stated the pond did have an outlet to the south. He clarified when the Cardinal Ridge 2 °d Addition was approved the review of the grading plan showed the developer had two (2) options with this area. One option had been to-build a retaining wall. to retain the storm water in the lots adjacent to Mr. Allen's property and the. other option had been to work with the property owner to match the grade on those lots to the development which was what was selected. Chair Daninger asked for clarification regarding what would happen with Linnet Street. City Planner Bednarz stated the map shows Linnet Street extending north. The City has a street easement in that area but during the Cardinal Ridge Plat, the City Council had decided that the connection would not be made. The street easement still exists but the City does not plan on making this connection at this time. The easement has not been vacated because the City Council chose not to do this. Commissioner Olson asked if the City owned the lots to the south of the retention pond or if the individual lots owned to the center of the pond. City Planner Bednarz clarified the property lines extend to the center of the pond. He also explained fences are not allowed to extend into the drainage area. 37 Regular Andover Planning and Zoning Commission AL(eeting Minutes — June 12 2012 Page 3 iVlotion by Commissioner Holthus, Seconded by Commissioner Cleveland to open the public hearing at 7:14. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Mr. Scott Allen, 1587' ) Linnet Street NNV, Andover, stated he is requesting a variance from City Code Title 13, Section 13.1.3, allowing him to split and sell two (2) of his four lots at this time. The two (2) proposed lots have been fully graded to the Cardinal Ridge 2 °d Addition plat and once split they would be ready for sale. Currently there is a builder interested in purchasing these two (2) properties if a lot split variance can be obtained. He explained he would be willing to grant the necessary drainage easements to the City in order to complete this request. Approval of this request would also allow two (2) deferred assessments to be paid. The cost to have these two (2) lots platted would not be financially feasible at this time. The City's Engineering Department has requested a grading plan be completed for the entire lot but this is unnecessary because the two (2) proposed lots have already been graded to specifications for the Cardinal Ridge 2nd Addition. He explained he needed to split two (2) lots at this time so he would like to get a variance approved prior to selling them. If the lot split is not approved he will not be selling either lot at this time. He clarified the Cardinal Ridge 2 °d Addition development has one (1) lot remaining and the builder would be interested in building a model on one (1) lot and have the two (2) lots available for sale. Commissioner Gudmundson asked if the property currently has City utilities. City Planner Bednarz stated City utilities had been included to the property line for these two (2) potential lots. illotion by Commissioner Holthus, Seconded by Commissioner Cleveland to close the public hearing at 7:20. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Commissioner Olson stated these two (2) potential lots have been engineered and graded so they could be split and sold as part of the Cardinal Ridge 2nd Addition development. The applicant has been able to provide most of the information required by the City with the exception of having a plat done, which would include the lot corners and easements. He expressed concerns with the property being split further than the proposed lots because he did not believe the remaining lot would be adequate to support additional lot splits. City Planner Bednarz stated if this lot split is approved he would have approximately 2- acres remaining. Commissioner Holthus stated approving the lot split does make sense given these circumstances but City Ordinance 10 Section 14 was created to encourage the platting process. She clarified she would not like to see the City set precedent that allows the platting process to be omitted. Regular Andover Planning and Zoning g Commission Meetin 39 Minutes — June 12 2012 Page 4 Commissioner Gudmundson asked what other information would be provided through the lot split process that is currently not provided. She clarified that she does not feelthe Commission has all the information they need to make this decision based on what is being. presented. City Planner Bednarz stated a plat would include a grading plan, a full layout of the property including Mr. Allen's remaining property and what additional lots could be achieved, dedicated easements identified, and a simplified legal description. A typical lot split request includes a map that. shows the new lot boundaries, and a new legal description. Commissioner Gudmundson stated she would not recommend approval of this variance without all the information and this information would be provided through the platting process and following the City's ordinances. Commissioner Olson clarified if the applicant was requesting a lot split only then a grading plan would not be provided and there is one in this situation. He stated if this request is approved the Planning Commission is approving the lot split and a variance from the procedure, which requires a plat. ommissioner Holt us -stated-if-the variance is granted then the lot split application .y would still need to be approved. Commissioner Cleveland stated he agrees with both sides of the argument. Having two (2) lots with homes on them would be better than two (2) empty lots but it is setting a precedent. These lots are graded but if this is granted then the next person may not have the property graded and they. would. expect a variance.- The City.has ordinances in place and these should be followed. Commissioner Nemeth stated the platting process would provide the missing information that is needed to approve this application. He would like to seethe fall property laid out and what would be remaining. He,would like to see additional information prior to making a decision. Chair Daninger stated he would not be in favor of approving this request at this time. Financial hardship is not a valid reason for the Commission to approve a variance and approving this request would be setting a precedent that negates the platting process. Afotion by Commissioner Holthus, Seconded by Commissioner Gudmundson, to deny a Variance to City Code 13 -1 -3 Frequency of Splitting Lots on Property located at 15873 Linnet Street NW because it does not meet City Code 10 -14. The motion carried on a 5- ayes, 1 -nay (Olson), 1- absent (Peterson) vote. City Plarmer Bednarz stated this item would be presented to the City Council at the June 19, 2012 City Council meeting. Regtdar Andover Planning and Zoning Commission Meeting Minutes — June 12 2012 Page 5 OTHER B USINESS. Community Development Director Carlberg provided an update regarding the actions taken by the City Council including the Comprehensive Plan Amendment and the Arbor Oaks /Grey Oaks PUD Amendment. He reviewed the Planning Commission recommendations that had been made and what had been approved by the City Council. Commissioner Cleveland asked if the northwest corner of the facility had been looked at and if there had been changes to the building design. Community Development Director Carlberg stated the turning movements had been reviewed and there will not be any changes to the building design in this area. City Planner Bednarz stated the Primary Election is scheduled for August 14 and the Planning Commission is asked to change their meeting from 7:00 p.m. to 8:01 p.m. on August 14 or to meet on August 13 or August 15. There would be a workshop in July. 40 ___ Consensus_wasxeaclhed -to_ meet .at-.8 -0.1_p.m— on_August_1_4, 20 -12. -- __ ._ ADJO URIViVENT. Motion by Commissioner Holthus, seconded by Commissioner Cleveland, to adjourn the meeting at 7:37 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Peterson) vote. Respectfully Submitted, Tina Borg, Recording Secretary TimeSaver Off Site Secretarial, Inc. •, L. 4 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 Administrator's Report December 18, 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. Holiday Season Hours 4. 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. ted, O [D VE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for December 18, 2012 City Council Meeting DATE: December 18, 2012 The City Council is requested to receive the following supplemental information. Consent Items Item #4. Approve 2013 Massage Therapy /Establishment License (Supplemental) — Administration Add -On Item. Approve 2013 Commercial Kennel License (Supplemental) — Administration Discussion Items Add -on #13a. Rescind Resolution R -127 and Approve Resolution Providing for the Issuance and sale of $17,315,000 Taxable General Obligation Abatement Bonds, series 2012C, and Levying a Tax for the Payment Thereof - Administration submitted, Administrator V C I T Y 0 F .r.r ^+v. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve 2013 Massage Therapist/Establishment Licenses (Supplemental) DATE: December 18, 2012 INTRODUCTION Massage Therapist/Establishment licenses expire on December 31, 2012. DISCUSSION The following has applied for renewal of her license, paid the appropriate fee and been approved by the Sheriff's Office. Cindy McKee ACTION REQUIRED The City Council is requested to approve the license for the period of January 1, 2013 through December 31, 2013. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License application l � 'z • E^l� VE I Lu s; ; ... 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV THERAPEUTIC MASSAGE ESTABLISHMENT LICENSE APPLICATION 1. Name of Applicant _ First _Middle Last 2. Applicant's Date of Birth (must be Is yrs old) 3. Telephone Number of Applicant 4. Home Address of Applicant n. 5. Address of Business /Premises to be Licensed ) j "- 1 K) AA Clmc\x�k�er 6. Name of Business /Premises 7. Telephone Number for Business /Premises J 3 Zl 8. Legal Description of Business /Premises to be Licensed 9. r-�+aiue of Owner of Premises to be Licensed 10. Address of Owner of Premises to be Licensed J 11. Within the preceding five years has the applicant or spouse been convicted of any felony, crime or violation of any ordinance other than traffic. If so, provide the state or county of conviction, the date of conviction and the specific crime so committed. 1\0 Q--nr, ., 12 If the applicant is a corporation list the names, addresses and dates of birth of all tsons having a beneficial interest therein (i.e. officers, directors, stockholders). j 13. Description of services to be provided. L J. - 1 12/17/2012 09:42 7637674679 ANOKA CO SHER PATROL The information t•ccluested in items 1,2,3 and 9 must be provided for all owners, lessees, operators and massage therapists of the proposed therapeutic massage, CS tabl islun en t. PAGE 03104 1� , . „ Each applicant for a license shall file % ith the city a public liability insurance policy Ur cei`<ificate 01'insuraitec front a compatly autb.oriud to do business in the state of Minnesoti, insuring the applicant against any and 911 loss arising out of the use, operation or maintcnanec ofthC th.crapCLtt1C maSSage C8tabllSll7ll8nt. the policy Of insurance s1 ?all be in limits of not less than five hulidred tltousand dollars (5500,000.00). Failt[re to keep in fill] force and effect the insurance. required herein is grounds for revocation. Prior to consideration of the application by City Council, an investigation shall be made by the code enforcement oflicer and the building Official to determine Compliance with this Chapter Of all premises Proposed to be licensee!. and 1) the County Sheriff 's Department of all persons listed oil the license application, l�i�y�5e Applicant and associates in this application'.? ill strictly Comply with all orclinancev of the City. ] hereby certify that. 1. have read the foregoing questions and that the ansWel"s Eli e true of my own knowledge. Licenses expire on December 31" of each ,year, tack of payment of annual sing fee shall be Cause for revoution of license. 1 , Sienanua•. pf �1pp[irint - -- License Fee,;: Single Application: S200,00 _.,,__ Cr}rparale Apl:�licatinn: 530tL00 _._ Partnership Application: 5300.00 — Rosickmtial Application: Co:?clitiot?a1 l,Jse Permit (fees include investigation fC�) ,!_- T2ene�wal l e'c: $7.50.0[1 LicenseQI_ a.�ttlmntuii Pair] _j�'j�• Hate'. P�[id,� -I`i =l 12`1'1 Anc,k,�CountvSl�crilf: /� - .]'.7i:n1 .- Cil�' Ci.erk: P:_F:1 VMT L.:7en� Ch" Council`'': Council nerds to) approve Coll diHo)l-nll iJst:. P .rm.i.t rcclucsts s• • • or'rL -n.i. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve 2013 Commercial Kennel License DATE: December 18, 2012 INTRODUCTION Kennel licenses expire on December 31, 2012. DISCUSSION Jill Huston, Dover Kennel 16422 Hanson Boulevard NW has applied for renewal of her commercial kennel license and paid the appropriate fee. ACTION REQUIRED The City Council is requested to approve the commercial kennel license for the period of January 1, 2013 through December 31, 2013. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License application - .,AU. b6ik 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV COMMERCIAL DOG KENNEL LICENSE APPLICATION CITY CODE TITLE 5, CHAPTER 1 Commercial (anyplace where a person accepts dogs from the general public and where such animals are kept for the purpose of selling, boarding, breeding, training, or grooming) Name f� �Q}j(V V��i�� Im �LCS{ -Gil) Address RA L L MASO (\ 3OLJ Telephone Number % (p 3 q3'7 - 733 a Email Address Number of Dogs q 0 Kennel Name CL) (n Property Size 4,16 e Method of Waste Disposal >�� C- Will facility be used for training dogs? iv() Number of employees 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. License Fee: New License $380.00 (includes Conditional Use Permit and Recording Fees) Renewal License $25.00 License # �— O (b City Council Action � o y Uzi � vJ O O a c s, a V 1 h y� e i i4Ra, r z N M ti a n hA� y 'ry^waoi a a � 44 I.b. saw �sl Ce 1 ^ R1 \ _9 -V . �u D / 1 , N ,aka Coo, fl b 1 I i o ° I � I � I I I 1 tA y;yti� %W Plat o No R BL VD EASY 611'E 4F SEC. /5; A C I T Y O F ND 0VE 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: Rescind Resolution R -127 and Approve Resolution Providing for the Issuance and sale of $17,315,000 Taxable General Obligation Abatement Bonds, Series 2012C, and Levying a Tax for the Payment Thereof DATE: December 18, 2012 INTRODUCTION At the December 4` City Council meeting, the Council approved Resolution R -127 a 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. As the bond issuance team works toward the closing of the complex transaction, it was determined that the bond sale approval resolution needs to be modified. The attached resolution contains the necessary language. As a reminder, the purpose of the new 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, which were issued to refund the 2004 Lease Revenue Bonds that financed the construction of the community center. The primary driver of the resolution changes is the use of the current Debt Service Reserve for the 2004 bonds. The bond issuance team is recommending that the Debt Service Reserve be used at the February 1, 2014 call date rather than at the December 27th closing date as originally planned. What does this do? It leaves the lease between the City and the EDA in place until the February 11 2014 call date and it reduces the size of the 2012 bond issuance from $17,400,000 to 17,315,000. The refunding savings will remain unchanged. ACTION REQUESTED The City Council is requested to rescind Resolution R -127 and approve the attached resolution providing for the issuance and sale of $17,315,000 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 $17,315,000 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 $17,315,000 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 $17,315,000 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 on February 1, 2014 (the "Project ") pursuant to an advance refunding of the Economic Development Authority of the City of Andover, Minnesota (the "Authority ") 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 ") a current refunding of a portion of the February 1, 2013 maturity of the outstanding Public Facility Lease Revenue Bonds, Series 2004 (City of Andover Community Center) (the "Series 2004 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 C: \Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 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 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: C: \Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 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 Only System. 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 C: \Users \parlis \Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 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 4 C: \Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 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 S st . 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. indings. 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 and the current refunding of a portion of the February 1, 2013 maturity of the Series 2004 Bonds (the "Refunding "). Pursuant to the Abatement Resolution, the C: \Users \parlis\Desktop\PCDOCS - 45049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC r City's share of real estate taxes generated as a result of the Project and the Program (the "Tax 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 $17,315,000. 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 Year Interest Rate Maturity Year Interest Rate 2013 % 2023 % 2014 2024 2015 2025 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 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. 6 C: \Users \parlis\Desktop\PCDOCS - 45049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 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 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. trar. 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 C: \Users \parlis\Desktop\PCDOCS - #15049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for lssuance.DOC fta UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER TAXABLE GENERAL OBLIGATION ABATEMENT BOND, SERIES 2012C Interest Rate Maturity 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 C:\ Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 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. 9 C: \Users \parlis \Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC Issuance; Purpose; General Obli ag tion. This Bond is one of an issue in the total principal amount of $17,315,000, 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, on February 1, 2014, pursuant to an advance refunding of the Economic Development Authority of the City of Andover, Minnesota, 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, and a current refunding of a portion of the February 1, 2013 maturity of the outstanding Public Facility Lease Revenue Bonds, Series 2004 (City of Andover Community Center), 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 10 C: \Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 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. 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 Authorized Signature CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Clerk 11 C: \Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC ABBREVIATIONS 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 (Cust) (Minor) under the 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: 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 Guaranteed: 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- I5(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 C: \Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 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 C: \Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 8. 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. 14 C:\ Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 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 C:\ Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for lssuance.DOC been fully paid. There shall be maintained in the Fund separate accounts, to be designated the "Escrow Account," "Payment 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) Payment Account. $ in proceeds of the Bonds shall be deposited in the Payment Account and which sum shall be transferred to the Authority for the payment of a portion of the February 1, 2013 maturity of the Series 2004 Bonds. (c) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) Tax Abatements in an amount sufficient, to pay the annual principal payments on the Bonds; (ii) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (iii) any unexpended moneys in the 2006 Public Facility Lease Revenue Bonds Bond Fund created by the Prior 2006 Resolution; (iv) any unexpended moneys in the 2007 Public Facility Lease Revenue Bonds Bond Fund created by the Prior 2007 Resolution; (v) any residual amount of Bond proceeds returned to the City by the Escrow Agent; (vi) any balance remitted to the City upon the termination of the Escrow Agreement; (vii) all investment earnings on funds held in the Debt Service Account; and (viii) 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 16 C: \Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 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 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 475.6 1, 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. 17 C: \Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 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 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 18 C: \Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 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. 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 Authority, dated as of December 1, 2006, and amended as of January 1, 2007 (collectively, the "Lease ") to pay 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. Notwithstanding that the provisions of Section 4.6 of the Lease provides that upon issuance of the Bonds and the funding of the Escrow Deposit as provided in the Escrow Agreement, the Lease shall be terminated the City hereby determines and declares that the Lease shall remain in full force and effect and shall be terminated as of February 1, 2014, and on such date the Authority shall have no further right, title or interest in and to the Project. 19 C: \Users\parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 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. 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 C:\ Users \parlis \Deslctop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for [ssuance.DOC 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 $17,315,000 Taxable General Obligation Abatement Bonds, Series 2012C. WITNESS my hand on December 4, 2012. City Clerk 21 C: \Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC EXTRACT OF MINUTES OF A MEETING OF THE BOARD OF COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ANDOVER, MINNESOTA HELD: 2012 Pursuant to due call and notice thereof, a regular or special meeting of the Board of Commissioners of the Economic Development Authority of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall on , 2012, at o'clock P.M., for the purpose, in part, of authorizing termination of documents relating to a refunding. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN ESCROW AGREEMENT RELATING TO THE ISSUANCE BY THE CITY OF ANDOVER, MINNESOTA, OF ITS $17,315,000 TAXABLE GENERAL OBLIGATION ABATEMENT BONDS, SERIES 2012C A. WHEREAS, the City of Andover, Minnesota (the "City ") proposes to issue its $17,315,000 Taxable General Obligation Abatement Bonds, Series 2012C (the "Bonds ") to finance the acquisition of the community center (the "Community Center ") on February 1, 2014, from the Economic Development Authority of the City of Andover, Minnesota (the "Authority "); and B. WHEREAS, the proposed purchase price for the Community Center is an amount equal to the outstanding principal of and interest on the Authority's $10,000,000 original principal amount Public Facility Lease Revenue Refunding Bonds, Series 2006 (City of Andover Community Center), dated December 1, 2006 (the "Prior 2006 Bonds ") issued pursuant to a Mortgage and Security Agreement and Indenture of Trust dated as of December 1, 2006 (the "Prior 2006 Indenture ") and on the Authority's $6,865,000 original principal amount Public Facility Lease Revenue Refunding Bonds, Series 2007A (City of Andover Community Center), dated January 1, 2007 (the "Prior 2007 Bonds ") issued pursuant to a First Supplemental Indenture and Amendment to Mortgage dated as of January 1, 2007 (the "Prior 2007 Indenture "). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ANDOVER, MINNESOTA, as follows: 1. Callable Prior 2006 Bonds. $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 "), the refunding of the Callable Prior 2006 Bonds is consistent with covenants made with the holders of the Prior 2006 Bonds. C: \Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC 2. Callable Prior 2007 Bonds. $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 "), the refunding of the Callable Prior 2007 Bonds is consistent with covenants made with the holders of the Prior 2007 Bonds. 3. Escrow Agreement. The Callable Prior 2006 Bonds and the Callable Prior 2007 Bonds shall be redeemed and prepaid in accordance with the terms and conditions set forth in the Escrow Agreement, dated as of December 27, 2012 (the 'Escrow Agreement ") by and between the City, the Authority and U.S. Bank National Association, in Saint Paul, Minnesota (the 'Escrow Agent "), in substantially the form submitted to the Board of Commissioners. The terms and conditions of the Escrow Agreement are hereby approved and incorporated herein by reference. The Authority hereby approves the execution of the Escrow Agreement by the President and Executive Director on behalf of the Authority. 4. Prepayment of Purchase Option Price. The City has the authority as provided in Section 4.6 of the Lease Agreement between the City and the Authority, dated as of December 1, 2006 (the "Lease ") to acquire the Community Center by paying the Purchase Option Price (as defined in the Lease) and defeasing the Outstanding Prior 2006 Bonds and Prior 2007 Bonds. The City has determined to pay such Purchase Option Price. Notwithstanding the provisions of Section 4.6 that provides that upon issuance of the Bonds and funding of the Escrow Deposit as provided in the Escrow Agreement, the Lease shall be terminated, the Authority hereby determines and declares that the Lease shall remain in full force and effect. The Lease Agreement shall be terminated as of February 1, 2014, and as of such date the Authority shall have no further right, title or interest in and to the Community Center. 5. 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. 6. 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. C:\ Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for Issuance.DOC STATE OF MINNESOTA COUNTY OF ANOKA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Executive Director of the Economic Development Authority 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 Board of Commissioners, duly called and held on the date therein indicated, insofar as the minutes relate to authorizing execution of an Escrow Agreement. WITNESS my hand on 2012. Executive Director C. \Users \parlis\Desktop\PCDOCS - #5049687 -v2 - Andover Series 2012C Abatement Bonds Resolution Providing for lssuance.DOC CITY OF ANDOVER NOVEMBER 2012 ITEM Sunday z October 12 YTD�2012 YT=111 � Radio Calls * 804 860 9,096 9,526 Incident Reports 684 796 7,975 8,014 Burglaries 9 19 92 68 The s 42 36 434 550 Crim Sex Conduct 1 1 14 18 Assault 3 7 39 34 Damage to Property 16 34 211 185 Harass Comm 0 8 67 102 Felony Arrests 3 7 55 64 Gross Misd Arrests 1 2 16 15 Misd Arrests 10 24 238 295 DUI Arrests 3** 6 67 103 Domes c Arrests 5 4 45 54 Warrant Arrests 2 4 1 53 75 Tra c Arrests 172 194 2,056 1,845 * Total Radio Calls for the month and YTD are the sum from City of Andover and Community Service O cer pages. DUI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 00:25 07:00 * * 22:24 ** Indicates one Underage Drinking & Driving arrest CITY OF ANDOVER - COMMUNITY SERVICE OFFICERS NOVEMBER 2012 ITEM � X .- Y.,..+r. .. -{' i"''• .. _ � � ��� �.r.>. YY } � Y� � Octobert�l2� :f. t'^ i x' YTD 20 2 �*M _ .+.. � iL. � �YTD 201>1 - .FMS.% Radio Calls 78 81 977 1,156 Incident Reports 87 83 1,037 1,176 Accident Assist 10 4 53 49 Vehicle Lock Out 15 22 212 252 Extra Patrol 138 170 2,386 1,832 House Check 0 0 14 83 Business Check 1 0 10 103 Animal Complaints 26 20 348 428 Tra c Assist 8 4 99 127 Aids: Agency 55 64 713 1,460 Aids: Public 49 70 465 427 Paper Service 0 0 0 25 Inspec ons 0 0 2 0 Ordinance Viola ons 0 1 0 17 39