HomeMy WebLinkAboutCC - October 1, 2013[DOVE
1685 CROSSTOWN BOULEVARD N.W. a ANDOVER, MINNESOTA 55304 a (763) 755 -5100
FAX (763) 755 -8923 a WWW.AN DOVE RMN.GOV
Regular City Council Meeting — Tuesday, October 1, 2013
Call to Order — 7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (9/17/13 Regular; 9/17/13 Closed)
Consent Items
2. Approve Payment of Claims — Finance
3. Receive Assessment Roll/Order Public Hearing/12- 28/Nightingale St. NW Reconstruction — Engineering
4. Receive Assessment Roll/Order Public Hearing/l 1- 47/174`b Ave, Heather St. & 173'' Ln. —Engineering
5. Approve Resolution/Request Anoka County to Conduct Speed Study/Bunker Lake Blvd. NW from
Crosstown Blvd. NW to Hanson Blvd. NW - Engineering
6. Approve Purchase Agreements/Drainage and Utility Easement and Open Space Land Acquisition/Aasness -
Planning
7. Approve Therapeutic Massage Establishment License/Healthyself Therapeutic Massage /13648 Crosstown
Boulevard — Administration
8. Approve Used Vehicle Sales Business License/Real Auto Sales /16191 Round Lake Boulevard NW —
Administration
9. Declare Cost, Order Assessment Rolland Schedule Public Hearing for 2013 Delinquent Utility Service
Charges, Mowing Fees, Tree Removal, False Alarm Fines and Misc. Abatement Fees - Finance
Discussion Items
10. Public Hearing: Modification to the Development Program for Development District No. 1 and the
establishment of Tax Increment Financing District No. 1 -6. Adopt Resolution Approving Program
Modification and TIF Plan — Planning
11. Approve resolution for Interfund Loan in connection with TIF District No. 1 -6. — Administration
12. Approve Resolution Authorizing the Execution of a Development Agreement — Measurement Specialties,
Inc. -Planning
Staff Items
13. Administrator's Report — Administration
Mayor /Council Input
Closed Session — Public Works Union Negotiations
Adjournment
'%Nb6W
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 Ch
SUBJECT: Approval of Minutes
DATE: October 1, 2013
INTRODUCTION
The following minutes were provided by Timesaver, reviewed by Administration and
submitted for City Council approval:
September 17, 2013 Regular
September 17, 2013 Closed
DISCUSSION
The minutes are attached for your review.
ACTION REQUIRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
4,Y) .AAA
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 — SEPTEMBER 17, 2013
MINUTES
The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, September 17, 2013, 7:00 p.m., at the Andover City. Hall, 1685 Crosstown Boulevard
NW, Andover, Minnesota.
Councilmembers present:
Councilmember absent:
Also present:
Mike Knight, Sheri
Tony Howard
None
City Administrator,
W
City Attoxn0-,f Scott B
Others
(arrived a0016 06 p.m.), Julie Trude and
, Dave Carlberg
ineer, David Berkowitz
from the Sheriffs Office.
to approve the Agenda as amended above. Motion carried
August 27, 2013, Workshop Meeting: Correct as written.
Motion by Knight, Seconded by Howard, to approve the minutes as presented. Motion carried
unanimously.
September 3, 2013, Regular Meeting: Correct as written.
Motion by Trude, Seconded by Howard, to approve the minutes as presented. Motion carried
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 — September 17, 2013
Page 2
unanimously.
September 3, 2013, Closed Session Meeting: Correct as written.
Motion by Howard, Seconded by Knight, to approve the minutes as presented. Motion carried
unanimously.
CONSENT ITEMS
Item 2 Approve Payment of Claims
Item 3 Declare Cost /Order Assessment Roll /12- 28/Nightingale St. NW Reconstruction
(See Resolution R079 -13)
Item 4 Declare Cost/Order Assessment Roll /11- 47/174' Ave, Heather St. & 173' Ln
(See Resolution R080 -13)
Item 5 Adopt Assessment Roll /13- 32/13900 Goldenrod St. NW /Sanitary Sewer Repair
(See Resolution R081 -13)
Item 6 Adopt Amended Assessment Roll for 2530 South Coon Creek Drive /11 -10 /South
Coon Creek Drive NW Reconstruction (See Resolution R082 -13)
Item 7 Accept Donation/Mickman Brothers (See Resolution R083 -13)
Item 8 Approve Construction of Dock at Round Lake Boat Landing
Item 9 Approve Lighting/12 -34 /Relocation of Recycling Center
Item 10 Approve Tobacco License/Wal- Mart/ 1851 Bunker Lake Boulevard
Item 11 Approve Off -Sale 3.2% Liquor License/Wal- Mart/1851 Bunker Lake Boulevard
Item 12 Approve Therapeutic Massage Establishment License /The Parlour Salon &
Boutique /13783 This Street, Suite 200
Item 13 Approve Therapeutic Massage Therapist License /The Parlour Salon &
Boutique /13783 Ibis Street, Suite 200
Motion by Knight, Seconded by Howard, approval of the Consent Agenda as read. Motion carried
unanimously.
Councilmember Bukkila arrived at 7:06 p.m.
ANOKA COUNTYSHERIFF 'S DEPARTMENT MONTHLYREPORT
Commander Halweg presented the July 2013 Anoka County Sheriff's Department monthly report to
the Council.
SKETCH PLAN REVIEW — COUNTRY OAKS NORTH
Mr. Carlberg explained the City Council is asked to review a residential sketch plan for a single
family urban residential development known as Country Oaks North requested by Mr. Scott Wold.
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 — September 17, 2013
Page 3
Mr. Carlberg reviewed the information with the Council.
Councilmember Trade stated an ordinance was approved a couple of years ago and has not been
applied in this situation. She thought this was something they wanted to keep in mind because it has
to deal with new developments that buffer urban development from rural property. The ordinance
came about as Miller's Woods was developing. She stated the Council has a lot of discretion on
what is considered a buffer. She thought there needed to be a bigger global viewpoint regarding this
because there are multiple land owners and some do not want growth in this area.
Mr. Carlberg reviewed how the additional 150 units of sewer and water became available.
Councilmember Trade thought it would be helpful, in the future, to have written input from the two
properties to the west if they do not want to see development because the Council is going to have to
figure out the road and access. She noted the City cannot be putting a dotted line through the Selmer
property unless that road easement can be purchased before the open space is purchased. She stated
she was trying to put the pieces together, this is a very large project that cannot be isolated on forty
acres, and they have some bigger issues to sort out. Mr. Carlberg agreed and thought the developer
will need to rework the plans for buffering and transportation.
Mayor Gamache stated the ordinance in place references buffering between rural and urban
neighborhoods but it does not talk about buffering between the development and open space.
Mayor Gamache stated because there is not yet a neighborhood in the open area, can the City request
certain types of buffers based on future development. City Attorney Baumgartner stated it is hard to
plan for the future because they do not know what is going to go in there. He thought the ordinance
would need to be applied to what is there now and then whatever may come in after that would need
to provide the buffering also.
There was discussion regarding the pipeline easement and how the development is being shown as
developing around the pipeline easement.
Councilmember Trade noted the City will need to discuss the issue ofthe pipeline easement and the
railroad with the Met Council as well because of the density requirements they have requested.
Councilmember Trade thought the buffering ordinance was overlooked with this proposed
development. Mr. Carlberg noted the ordinance will not need to be reviewed until the development
moves forward beyond the sketch plan when buffering is reviewed by City staff the ordinance
references buffering for preliminary plats. He thought it was a good idea to bring this up now so the
developer gets an idea of what the future plans will need to look like.
Mr. Scott Wold•stated they did a pretty good job buffering Country Oaks West. He stated they have
buffered the lots along the railroad tracks in this plan, have a pretty good buffer with the wooded area
on the west, and there will be screening to the homes to the north. Also to the west, Mr. Kuiken has
Regular Andover City Council Meeting
Minutes — September 17, 2013
Page 4
1 a dirt bike track that will also be buffered from this development. He noted the house pads will be
2 by the proposed road and the rest of the lot area will be deeply wooded.
3
4 Mayor Gamache asked if the Kuiken property is wooded. Mr. Wold indicated there are not a lot of
5 woods on that property but the dirt bike track is open. Mr. Wold indicated he will keep as many
6 trees as buffers on the west as possible.
7
8 Councilmember Trude stated deeper lots will need to be done along the Kuiken property because she
9 is not sure if it is appropriate to have a development come in and take away another property owner's
10 rights. She noted the hunting would go away but she did not think a recreation should be taken
11 away. She thought the City needed to be fair with all property owners.
12
13 Mr. Wold stated the reason for curved roads in the development is so they do not become straight
14 "raceways." He stated the road will need to go to the north because of the pipeline and wetlands so
15 he would like to keep the curves in the road.
16
17 Councilmember Howard thought the emergency access that crosses the railroad tracks should be on
18 this forty acre parcel because they do not know when the property to the north will be developed.
19 Mr. Carlberg indicated the Ganter property to the north has requested to be included in the
20 Comprehensive Plan Amendment to expand the urban service area in that area as well.
21
22 Councilmember Trude stressed there needed to be some buffering on this property to meet the
23 ordinance. She stated if the Selmer property becomes open space the Kuiken property will not be
24 able to be developed for anything. Mr. Carlberg stated it would not be able to develop as urban but
25 could be developed as rural.
26
27 Councilmember Bukkila noted if they approved the proposed plan and the Selmer land was open
28 space, it would landlock the Kuiken property as it would not have access to any roads. Mr.
29 Berkowitz stated if the Selmer property were to develop, the City would require them to provide
30 access to development areas around them. He stated if the property were to become open space, the
31 City would request a roadway easement so the Kuiken property could develop.
32
33 Councilmember Bukkila indicated she would want to see some type of buffering on this property to
34 drown out the noise from the bike track. Mr. Wold asked for direction on the type of buffering the
35 Council wanted.
36
37 There was discussion between the Council and the developer regarding possible buffering on the
38 property.
39
40 Councilmember Trude wondered if the City could request a gated access going across the railroad
41 tracks from Burlington Northern for a possible second access into the development. Mr. Berkowitz
42 stated if the Council wanted to pursue this as a second access, staff can contact Burlington Northern
43 and see what their response would be.
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 — September 17, 2013
Page 5
Councilmember Trude thought if Mr. Wold would like to redraw the plans with more cut -de -sacs,
she would not mind that because people do like living on cul -de -sacs.
Councilmember Howard stated he would like to see the road run a little more straight so on the next
project, the lots can be a little deeper along the railroad tracks.
Mr. Mike Babineau, 16480 Wintergreen Street, expressed his concerns about rezoning from R -4 to
R -1 at the Planning Commission. He wondered how a road would go forward to the Kuiken property
if the Selmer property will be open space. Mayor Gamache noted they would need to work on plans
to make part of the Selmer property a road easement.
Mr. Pete Steiger, 16473 Wintergreen Street, stated when he bought the property he bought it with the
understanding it was zoned R -1 and he would like to keep the same zoning. He indicated he does
not want the wildlife to go away.
Ms. Elizabeth Foerg, 16527 Sycamore Street NW, stated this does not meet the R -1 zoning for the
area. She stated if this is changed to 12 to 16 lots at 2.5 acres per lot, she would be fine with it. She
stated if the City is planning to change this from R -1 to R -4 zoning, are they planning to notify all the
residents in the R -1 area because they are all impacted if the zoning is changed. She thought this
should be a City -wide notification. If the zoning is changed in this area, the City is opening it up to
change the zoning in all of the City's R -I areas. She wondered why the City needed to max out the
sewer and water capacities and thought the City should keep these resources open for future use.
Ms. Foerg noted the railroad is not a buffer and they have dealt with noise in the past from other
developments being created. She noted tree buffers will not survive development, especially with
only a 25 -foot buffer.
Mr. Richard Kuiken, 16541 Hanson Boulevard, stated he has the 40 acres to the west. He stated the
dirt bike track has been on the property for 20 years and he keeps the riding to a minimum, two days
a week. He did not think a buffer along the property line will work. He stated he is willing to work
with the neighbors and City on a schedule for riding his bikes. He noted he does not want to be
required to stop his recreational enjoyment.
Councilmember Trude thought Mr. Kuiken should work with the developer on the buffering. Mr.
Kuiken noted the tree buffer will be nice but will not cut down on the noise.
Councilmember Bukkila asked if Mr. Kuiken would be willing to berm his land. Mr. Kuiken stated
he would not be against it but if they did a berm along the property lines, he would not want to have
his track shutdown. He stated the issue is not just the five or six lots; it will be everyone that moves
into the proposed new development that would hear the noise and likely make issue of it. He noted
there is not any noise on the track after dark and he is willing to make accommodations for time.
Mayor Gamache reviewed what the Council needed to do regarding this item. Mr. Carlberg stated
Regular Andover City Council Meeting
Minutes — September 17, 2013
Page 6
I the Comprehensive Plan Amendment will be sent to the Met Council for review and approval and
2 then if approved, the developer will move forward with potential changes to the development for
3 Council review and approval.
4
5 Councilmember Trude stated the Met Council has been pushing the City to increase development
6 and with review, the City found they had more flow capacity because of more efficient use of water.
7 That is the reason more sewer and water capacity was found.
8
9 Mr. Berkowitz reviewed the process the City went through in finding the additional capacity in the
10 City.
11
12 Councilmember Bukkila asked if the extra 150 units could be used elsewhere in the City. Mr.
13 Berkowitz indicated it could not; it is only for this sewer line.
14
15 Mayor Gamache asked if a fence could be installed along the development and the Kuiken property
16 to hide the area and address trespassing concerns. Mr. Carlberg did not think a fence would control
17 the noise; he thought the preservation of trees would be the best thing for buffering. Councilmember
18 Knight thought evergreens would provide more noise barrier than other trees.
19
20 Mr. Wold stated he did not know if a wood fence would work because of how far it would need to
21 go. He thought a tree buffer would be best because it would keep people away from the railroad
22 track as well buffer noise from the dirt bike track. He noted development is being done next to gun
23 clubs in other cities and people get used to the noise.
24
25 Councilmember Howard asked if they could ask Met Council to drop the density requirement on this
26 property since they are gaining units on this property in order to help the Grey Oaks development
27 that is struggling. Mr. Carlberg indicated their goal is 3 units per acre and the Met Council did not
28 care where development is at, as long as development is at 3 units per acre overall.
29
30 SCHEDULE OCTOBER EDA MEETING
31
32 Mr. Dickinson requested the Council schedule an EDA meeting in October.
33
34 Motion by Howard, Seconded by Bukkila, to schedule an EDA Meeting on October 1, 2013, at
35 6:00 p.m. Motion carried unanimously.
36
37 SCHEDULE OCTOBER WORKSHOP MEETING
38
39 Mr. Dickinson requested the Council schedule a Workshop Meeting to discuss topics as detailed
40 in the staff report.
41
42 Motion by Howard, Seconded by Trude, to schedule a Workshop Meeting on October 22 2013, at
43 6:00 p.m. Motion carried unanimously.
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 — September 17, 2013
Page 7
ADMINISTRATOR'S REPORT
City Staff updated the Council on the administration and city department activities, legislative
updates, updates on development /CIP projects, and meeting reminders /community events.
Mr. Dickinson noted Christian Brothers and the Arbor Oaks facilities are now open.
Councilmember Trude stated she was at the Arbor Oaks ribbon cutting and met and talked with
many people who thought the facility was very nice. She described the different units and noted
that many are already filled.
Mr. Berkowitz indicated work will be done on the Community Center parking lot, starting
Thursday, September 19'h the west side of the lot will be closed and the following week,
Tuesday, September 24th through September 26h, the east side of the parking lot will be closed.
Mr. Berkowitz noted the dog park is open by the Anoka County Compost area, which is on
Anoka County Park land.
MAYOR/COUNCIL INPUT
(Anoka Carp Barrier) Councilmember Knight stated the City of Anoka has made a request to
the State Legislature for $5 million dollars bonding to put in a carp barrier for the dam. He stated
the intent is to keep Asian Carp from moving up stream. He would like to see the City officially
support the City of Anoka in this request to create a barrier to keep the Asian Carp from going
north over the dam.
Mr. Dickinson stated this has been talked about in the past and he thought the City had a
resolution in place supporting it. He felt resolutions add credence to the project.
(Wal-Mart Update) Mayor Gamache updated the City on the activities going on with Wal -Mart
and indicated the establishment will not have a liquor store; they will only have a grocery
component and a 3.2% Liquor License.
(YMCA Golf Tournament) Mayor Gamache stated the YMCA had its golf tournament today and
that the tournament was full. He thought the work of the YMCA was great.
(Pickle Ball at the Community Center) Mayor Gamache thanked Councilmember Bruce Sanders
from Coon Rapids for inviting him to investigate Pickle Ball. He noted the Community Center is
starting to do this game in the field house.
RECESS /RECONVENE
Mayor Gamache recessed the regular City Council meeting at 8:55 p.m. to a closed session of the
City Council to discuss Property Negotiations PID #22- 32 -24 -42 -0001 & 22- 32 -24 -42 -00145
1
2
3
4
5
6
7
8
9
10
11
12
Regular Andover City Council Meeting
Minutes — September 17, 2013
Page 8
Krattenmaker Litigation Update.
The City Council reconvened at 9:20 p.m.
ADJOURNMENT
Motion by Howard, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
adjourned at 9:20 p.m.
Respectfully submitted,
Sue Osbeck, Recording Secretary
Regular Andover City Council Meeting
Minutes —September 17, 2013
Page 9
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — SEPTEMBER 17, 2013
TABLE OF CONTENTS
PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1
RESIDENTFORUM ....................................................................................... ............................... 1
AGENDAAPPROVAL ................................................................................... ............................... 1
APPROVALOF MINUTES ............................................................................ ............................... 1
CONSENTITEMS .......................................................................................... ............................... 2
ApprovePayment of Claims ........................................................................ ............................... 2
Declare Cost/Order Assessment Roll /12- 28/Nightingale St. NW Reconstruction (See
ResolutionR079- 13) ............................................................................ ............................... 2
Declare Cost/Order Assessment Roll/11- 47/174' Ave, Heather St. & 173rd Ln (See Resolution
R080 -13) .............................................................................................. ............................... 2
Adopt Assessment Roll /13- 32/13900 Goldenrod St. NW /Sanitary Sewer Repair (See
ResolutionR081- 13) ............................................................................ ............................... 2
Adopt Amended Assessment Roll for 2530 South Coon Creek Drive /11 -10 /South Coon Creek
Drive NW Reconstruction (See Resolution R082- 13) ......................... ............................... 2
Accept Donation/Mickman Brothers (See Resolution R083 -13) ................ ............................... 2
Approve Construction of Dock at Round Lake Boat Landing ..................... ............................... 2
Approve Lighting/12 -34 /Relocation of Recycling Center ........................... ............................... 2
Approve Tobacco License/Wal- Mart/l851 Bunker Lake Boulevard .......... ............................... 2
Approve Off -Sale 3.2% Liquor License/Wal- Mart/1851 Bunker Lake Boulevard .................... 2
Approve Therapeutic Massage Establishment License/The Parlour Salon & Boutique /13783
IbisStreet, Suite 200 ............................................................................ ............................... 2
Approve Therapeutic Massage Therapist License/The Parlour Salon & Boutique /13783 Ibis
Street, Suite 200 ................................................................................... ............................... 2
ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT .... ............................... 2
SKETCH PLAN REVIEW — COUNTRY OAKS NORTH ............................ ............................... 2
SCHEDULE OCTOBER EDA MEETING ..................................................... ............................... 6
SCHEDULE OCTOBER WORKSHOP .......................................................... ............................... 6
ADMINISTRATOR'S REPORT ..................................................................... ............................... 7
MAYOR/COUNCIL INPUT ........................................................................... ............................... 7
AnokaCarp Barrier ...................................................................................... ............................... 7
Wal -Mart Update ......................................................................................... ............................... 7
YMCAGolf Tournament ............................................................................. ............................... 7
Pickle Ball at the Community Center .......................................................... ............................... 7
RECESS TO CLOSED SESSION ................................................................... ............................... 8
RECONVENE................................................................................................. ............................... 8
ADJOURNMENT............................................................................................ ............................... 8
C I T Y O F
ND OVE
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator / Finance Directo
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Payment of Claims
DATE: October 1, 2013
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
DISCUSSION
Claims totaling $167,162.94 on disbursement edit list #1- 2 from 09/20/13 — 09/26/13 have been issued and
released.
Claims totaling $699,256.81 on disbursement edit lists #3 dated 10/01/13 will be issued and released upon
approval.
BUDGET IMPACT
The edit lists consist of routine payments with expenses being charged to various department budgets and
proj ects.
ACTION REQUESTED
The Andover City Council is requested to approve total claims in the amount of $866,419.75. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
Lee Brezinka
Attachments: Edit Lists
Accounts Payable
1 T 5' U P
Computer Check Proof List by Vendor AN 15 ; R
User: BrendaF
Printed: 09/20/2013 - 9:58AM
Batch: 00418.09.2013
Invoice No Description Amount Payment Date Acct Number Reference
Vendor: 3M
3M
Check Sequence: I ACH Enabled: False
SS29016
Material for Street Signs
981.11 09/20/2013 0101- 43300 -61030
SS29017
Material for Street Signs
504.98 09/20/2013 0101 - 43300 -61030
SS29018
Material for Street Signs
3,828.26 09/20/2013 0101- 43300 -61030
Check Total: 901.67
Vendor: Astech Astech Check Sequence: 7 ACH Enabled: False
AP- Computer Check Proof List by Vendor (09/20/2013 - 9:58 AM) Page 1
Check Total:
5,314.35
Vendor:
AAAStrip
AAA Striping Service Co.
Check Sequence: 2
ACH Enabled: False
101618
2013 Pavement Markings
636.90
0912012013
4140- 49300 -63010
Check Total:
636.90
Vendor:
Allinal
Allina Hospitals & Clinics
Check Sequence: 3
ACH Enabled: False
1110017330
Hcartsafe Batteries
272.53
09/20/2013
6200- 48900 -61005
Check Total:
272.53
Vendor:
AlmgrenD
David Almgren
Check Sequence: 4
ACH Enabled: False
Medical Reimbursement
600.00
09/20/2013
7100- 00000 -21218
Check Total:
600.00
Vendor:
AnkCity
City of Anoka
Check Sequence: 5
ACH Enabled: False
201309112558
Traffic Signal @ County Road 7 & 116
37.77
09/20/2013
0101- 43400 -62005
Check Total:
37.77
Vendor:
AnkCo01
Anoka Co Treasurer
Check Sequence: 6
ACH Enabled: False
230683
Signal Bunker cC' Quinn
754.55
09/20/2013
0101- 00000 -11310
230683
Signal Andover & Crosstown
147.12
09/20/2013
0101- 43400 -63100
Check Total: 901.67
Vendor: Astech Astech Check Sequence: 7 ACH Enabled: False
AP- Computer Check Proof List by Vendor (09/20/2013 - 9:58 AM) Page 1
Invoice No Description Amount Payment Date Acct Number Reference
13 -258
Pick Up Patch Grit
551.14
09/20/2013
0101 - 43100 -61125
Check Total:
551.14
Vendor:
Bolton
Bolton & Menk, Inc.
Check Sequence: 8
ACH Enabled: False
0159818
Sports Complex -3535 161stAve
960.00
09/20/2013
4180- 49300 -63005
Check Total:
960.00
Vendor:
BudgLigh
Budget Lighting, Inc.
Check Sequence: 9
ACH Enabled: False
00554461
Bulbs
-26.00
09/20/2013
2130- 00000 -20301
0055446/
Bulbs
400.16
09/20/2013
2130 - 44400 -61020
Check Total:
374.16
Vendor:
Cornn Aspl
Commercial Asphalt Co.
Check Sequence: 10
ACH Enabled: False
130831
Dtva Drive (42A) 6.0 %/5.2 %, B
180.88
09/20/2013
0101 - 43100 -61125
Check Total:
180.88
Vendor:
COMPLE
Complete Cooling Services
Check Sequence: I I
ACH Enabled: False
18960
New Radiator for Unit #99
1,180.92
09/20/2013
6100- 48800 -61115
Check Total:
1,180.92
Vendor.
CorvalCo
Corval Constructors, Inc
Check Sequence: 12
ACH Enabled: False.
804034
Repairs on Water Heater
4,733.38
09/20/2013
2130 - 44300 -63105
804215
Repairs on Boiler
3,979.86
09/20/2013
2130- 44000 -63105
Check Total:
8,713.24
Vendor:
Cottens
Cottens" Inc
Check Sequence: 13
ACH Enabled: False
966299
Air Filters
39.33
0912012013
6100 -48800 -61115
966488
Misc.Supplies
32.99
09/20/2013
6100 - 48800 -61020
966538
D Earth
79.52
09/2012013
0101- 42200 -61020
966650
Retumed Sensor & Oil Seal
-93.60
09/20/2013
6100 -48800 -61115
967689
Bulbs
4.23
09120/2013
6100 -48800 -61020
968225
Hose Fittings & Connectors
62.31
09/20/2013
6100 - 48800 -61115
968499
Oil Filters
21.29
09/20/2013
6100 -48800 -61115
969115
Oil & Air Filters
24.03
09/20/2013
6100 - 48800 -61115
969689
Oil Dry
26.12
09/20/2013
6100 - 48800 -61115
969801
Part for Unit 4610
74.86
09/20/2013
6100- 48800 -61115
969904
Dust Cover
176
09/20/2013
0100 -48800 -61020
969908
Brk/Ctrl
198.78
09/20/2013
6100- 48800 -61115
AP- Computer Check Proof List by Vendor (09/20/2013 - 9:58 AM) Page 2
Invoice No Description Amount Payment Date Acct Number Reference
971140
Parts for Unit #198
24.89
09/20/2013
6100- 48800 -61115
971735
Parts for Unit 0201
88.17
09/2012013
6100 - 48800 -61115
971736
Fuel Filters
92.47
09/20/2013
6100 -48800 -61115
971750
Filters
565.36
09/20/2013
6100 -48800 -61115
972040
Lamp
3.61
09/20/2013
6100 -48800 -61020
972609
Returned Air Filters
- 242.14
09/20/2013
6100 -48800 -61115
973434
Parts for Unit #94 & 15
62.80
09/20/2013
6100- 48800 -61115
973440
Oil & Fuel Filters
76.46
09/20/2013
6100- 48800 -61115
973752
Parts for Unit #206
9.17
09/20/2013
6100- 48300 - 61115
Check Total:
1,154.41
Vendor:
DeltaDen
Delta Dental of Minnesota
Check Sequence: 14
ACH Enabled: False
5250420
October 2013 Premium
263.60
09/20/2013
7100 -00000 -21218
5250420
October 2013 Premium
3,838.70
09/20/2013
0101- 00000 -21208
Check Total:
4,102.30
Vendor:
ECychng.
E Cycling Solutions
Check Sequence: 15
ACH Enabled: False
0913687
Electronic Recycling
45.00
09/20/2013
0101 -46000 -63010
Check Total:
45.00
Vendor:
ECM
ECM Publishers, Inc.
Check Sequence: 16
ACH Enabled: False
22629
Fall Recycling Ad
336.00
09/20/2013
0101- 46000 -63025
23931
Measurement Speclties TIP #1 -6
174.25
09/20/2013
7200 -00000 -24203
Check Total:
510.25
Vendor:
EganSery
Egan Service
Check Sequence: 17
ACH Enabled: False
JC10087601
August 2013 Maintenance
715.00
09/20/2013
0101- 43400 -62300
Check Total:
715.00
Vendor:
Ehlers
Ehlers
Check Sequence: 18
ACH Enabled: False
3467S6
Measurement Speclties TIF #1 -6
5,000.00
09/20/2013
7200- 00000 -24203
346914
Measurement Speclties TIF #1 -6
500.00
09/20/2013
7200 -00000 -24203
Check Total:
5,500.00
Vendor:
FIRE
F.I,R.E.
Check Sequence: 19
ACH Enabled: False
363
ACFTA - VentilationTrailerTraining
1,100.00
09/20/2013
0101- 42200 -61315
Check Total: - 1,100.00
AP- Computer Check Proof List by Vendor (09/20/2013 - 9:53 AM) Page 3
Invoice No Description Amount Payment Date Acct Number Reference
Vendor: Fastenal
Fastenal Company
Check Sequence: 20
ACH Enabled: False
NINTC8101115
Misc. Supplies
526.17
09/20/2013
0101 - 43300 -61020
Check Total:
526.17
Vendor: FireEng
Fire Engineering
Check Sequence: 21
ACH Enabled: False
344725
Subscription Renewal
29.00
09/20/2013
0101 - 42200 -61325
Check Total:
29.00
Vendor: Freed 1, en
Freedom Fence Inc.
Check Sequence: 22
ACH Enabled: False
13153
Nightingale St. Reconstruction
3,000.00
09/20/2013
4140- 49300 -63010
Check Total:
3,000.00
Vendor: G &K
G&K Services
Check Sequence: 23
ACH Enabled: False
1182716593
Uniform Cleaning
168.43
09/20/2013
0101 - 43100 -61020
1182716593
Uniform Cleaning
48.10
09/20/2013
5200- 48200 -61005
1182716593
Uniform Cleaning
24.07
09/20/2013
5100- 48100 -61005
1182716593
Uniform Cleaning
24.04
09/20/2013
6100 -48800 -61020
1182716593
Uniform Cleaning
24.07
09/20/2013
0101- 43300 -61020
-
I1S2716593
Unifonn Cleaning
72.18
09/20/2013
0101 - 45000 -61020
1182716594
Floor Mat Rental
59.60
09/20/2013
0101- 41930 -62200
1182716596
Floor Mat Rental
92.40
09/20/2013
5100 -48100 -62200
Check Total:
512.89
Vendor: GovConn
GovConnection, Inc.
Check Sequence: 24
ACH Enabled: False
50623501
Rack for Server Room
250.60
09/20/2013
0101- 41420 -61225
Check Total:
250.60
Vendor: Hawkins2
Hawkins Inc
Check Sequence: 25
ACH Enabled: False
3507839
Chemicals for Water Treatment Plant
1,909.50
09/20/2013
5100- 48100 -61040
3509480
Chemicals for Water Treatment Plant
6,809.11
09/20/2013
5100- 48100 -61040
3510438
Chemicals for Water Treatment Plant
4,227.94
09/20/2013
5100- 48100 -61040
Check Total
12,946.55
Vendor: JOHN D
John Deere Landscapes, Inc.
Check Sequence: 26
ACH Enabled: False
113134013
Commercial ZTrak Mower
6,815.39
09/20/2013
4211- 49300 -65600
Check Total:
6,815.39
Vendor: Laborind
Labor and Industry
Check Sequence: 27
ACH Enabled: False
AP- Computer Check Proof List by Vendor (09/20/2013 - 9:53 AM) Page 4
Invoice No Description Amount Payment Date Acct Number Reference
ABR0075081I
Permit Certificate
20.00
09/20/2013
0101- 41930 -61020
ABR00759451
Permit Certificate
10.00
09/20/2013
0101- 41920 -61020
ABR00763531
Permit Certificate
30.00
09/20/2013
2130 - 44000 -61120
ABR0076894I
Permit Certificate
10.00
09/20/2013
5100- 48100 -61020
AB R00768951
Pemtit Certificate
10.00
09/20/2013
0101 -41920 -61020
ABR00768961
Permit Certificate
10.00
09/2012013
0101- 41920 -61020
Check Total:
90.00
Vendor: Maiinvlo
Main Motors Chev - Cadillac
Check Sequence: 28
ACH Enabled: False
293079
Parts for Unit #9
157.76
09/20/2013
6100 - 48800 -61115
Check Total:
157-76
Vendor: MarlmBk
Marlin Business Bank
Check Sequence: 29
ACH Enabled: False
11912897
Savin Copier Lease
212.09
09/20/2013
0101- 41930 -62200
Check Total:
212.09
Vendor: Menards
Menards
Check Sequence: 30
ACH Enabled: False
33110
Misc. Supplies
58.94
09/20/2013
0101- 43100 -61020
33197
Mailbox Post & Box Fan
42.71
09/20/2013
0101 - 43100 -61020
33774
Tarp Straps & Silicone Lubricant
47.62
09/20/2013
0101- 43100 -61020
34261
Acrylic Sheet
11.75
09/20/2013
0101- 43100 -61020
Check Total:
161.02
Vendor: MetSales
Metro Sales Incorporated
Check Sequence: 31
ACH Enabled: False
551413
Ricoh Copier Lease
99.39
09/20/2013
0101 -41600 -62200
551413
Ricoh Copier Lease
99.39
09/20/2013
2210- 41600 -62200
551413
Ricoh Copier Lease
194.39
09/20/2013
0101 - 42300 -62200
551413
Ricoh Copier Lease
178.51
09/20/2013
2130 -44000 -62200
551413
Ricoh Copier Lease
123.79
09/20/2013
0101- 42200 -62200
551413
Ricoh Copier Lease
99.40
09/20/2013
0101- 41500 -62200
551413
Ricoh Copier Lease
99.40
09/20/2013.
0101- 42300 -62200
Check Total:
89427
bzndor: MinnOxyg
Minneapolis Oxygen Company
Check Sequence: 32
ACH Enabled: False
171075639
Carbon Dioxide 209 Siphon
8.61
09 /20/2013
5100- 48100 -61135
Check Total
8.61
Vendor: MNFME
MN Fall Maintenance Expo
Check Sequence: 33
ACH Enabled: False
AP- Computer Check Proof List by Vendor (09/20/2013 - 9:58 AM)
Page 5
Invoice No
Description
Amount
Payment Date
Acct Number
Reference
2013 Fall Maintenance Expo
100.00
09/20/2013
5100- 48100 -61320
2013 Fall Maintenance Expo
150.00
09/20/2013
0101- 43200 -61320
Check Total:
250.00
Vendor: MNFire3
MN State Fire Chiefs Assoc
Check Sequence: 34
ACH Enabled: False
Registration for Conference
880.00
09/20/2013
0101 - 42200 -61315
Check Total:
880.00
Vcndor: MNFire3
MN State Fire'Chiefs Assoc
Check Sequence: 35
ACH Enabled: False
Membership Dues
48.00
09/20/2013
0101 -42200 -61320
Check Total:
48.00
Vendor: NoTechno
Northern Technologies, Inc
Check Sequence: 36
ACH Enabled: False
10142
Nightingale St Reconstruction
5,257.50
09/20/2013
4140 - 49300 -63005
Check Total:
5,257.50
Vendor: NovakFl
Novak Fleck, Inc.
Check Sequence: 37
ACH Enabled: False
712 - Escrow
712 158th Avenue NW
5,250.00
09/20/2013
7200- 00000 -24204
712 - Insp Fee
712 158th Avenue NW
-50.00
09/20/2013
0101 - 41600 -54180
Check Total:
5,200.00
Vendor: OffDepot
Office Depot
Check Sequence: 38
ACH Enabled: False
666224651001
Office Supplies
80.39
09/20/2013
010142200 -61020
Check Total:
80.39
Vendor: Pitney3
Pitney Bowes
Check Sequence: 39
ACH Enabled: False
4139003 -SP13
Postage Meter Rental / Maintenance
15.15
09/20/2013
0101 - 45000 -61405
4139003 -SP13
Postage Meter Rental/ Maintenance
34.09
09/20/2013
0101 - 41200 -61405
4139003 -SP13
Postage Meter Rental/ Maintenance -
30.30
09/20/2013
0101- 41400 -61405
4139003 -SP13
Postage Meter Rental/ Maintenance
34.09
09/20/2013
0101- 41500 -61405
4139003 -SP13
Postage Meter Rental / Maintenance
34.08
09/20/2013
0101 -41600 -61405
4139003 -SP13
Postage Meter Rental/ Maintenance
45.45
09/20/2013
0101- 42300 -61405
4139003 -SP13
Postage Meter Rental / Maintenance
11.36
09/20/2013
0101 -42200 -61405
4139003 -SP13
Postage Meter Rental / Maintenance
68.18
09/20/2013
5100- 48100 -61405
4139003 -SPI3
Postage Meter Rental/ Maintenance
30.30
09/20/2013
5200- 48200 -61405
4139003 -SP13
Postage Meter Rental/ Maintenance
15.15
09/20/2013
0101 -46000 -61405
4139003 -SP13
Postage Meter Rental/ Maintenance
11.36
09/20/2013
0101 - 43100 -61405
4139003 -SP13
Postage Meter Rental/ Maintenance
3.79
09/20/2013
0101- 41300 -61405
AP- Computer Check Proof List by Vendor (09/20/2013 - 9:58 AM) Page 6
Invoice No Description Amount Payment Date Acct Number Reference
4139003 -SP13
Postage Meter Rental / Maintenance
4139003 -SP13
Postage Meter Rental / Maintenance
4139003 -SPI3
Postage Meter Rental / Maintenance
4139003 -SP13
Postage Meter Rental / Maintenance
Check Total:
Vendor: PPLlndus
PPL Enterprises, INC.
0050590 -1N
Mattresses for Recycling
Vendor: PrernWate
600003 -08 -13
018221 -08 -13
Vendor: Pi intSer
266771
Vendor: ReserAcc
31157951
31157951
31157951
31157951
31157951
31157951
,1157951
31157951
31157951
31157951
31157951
31157951
31157951
31157951
31157951
31157951
Check Total:
Premium Waters, Inc.
Water Cooler Rental
Water Cooler Rental
Check Total:
Printers Service, Inc.
Ice Knife Sharpening
Check Total
Reserve Account
Postage
Postage
Postage
Postage
Postage
Postage
Postage
Postage
Postage
Postage
Postage
Postage
Postage
Postage
Postage
Postage
3.79
18.93
18.94
3.79
378.75
1,080.00
1,080.00
76.79
48.09
124.88
57.71
57.71
450.00
50.00
50.00
250.00
250.00
50.00
150.00
150.00
400.00
450.00
450.00
600.00
200.00
900.00
400.00
200.00
09/20/2013 0101 -41230 -61405
09/20/2013 5300- 48300 -61405
09/20/2013 2110 - 46500 -61405
09/20/2013 0101 - 41420 -61405
Check Sequence: 40
09/20/2013 0101 -46000 -63010
Check Sequence: 41
09/20/2013 0101 - 41930 -62200
09/20/2013 0101- 41910 -62200
Check Sequence: 42
09/20/2013 2130 - 44300 -61020
Check Sequence: 43
09/20/2013 0101 - 41200 -61405
09/20/2013 0101- 41300 -61405
09/20/2013 0101 - 41230 -61405
09/20/2013 5300 -48300 -61405
09/20/2013 2110- 46500 -61405
09/20/2013 0101- 41420 -61405
09/20/2013 0101 - 42200 -61405
09/20/2013 0101- 43100 -61405
09/20/2013 0101- 41400 -61405
09/20/2013 0101 - 41500 -61405
09/20/2013 0101- 41600 -61405
09/20/2013 0101 - 42300 -61405
09/20/2013 0101- 45000 -61405
09/20/2013 5100 -48100 -61405
09/20/2013 5200- 48200 -61405
09/20/2013 0101 - 46000 -61405 -
ACH Enabled: False
ACH Enabled: False
ACH Enabled: False
ACH Enabled: False
Check Total: 5,000.00
Vendor: RoyalCon Royal Concrete Pipe, Inc. Check Sequence: 44 ACH Enabled: False
AP- Computer Check Proof List by Vendor (09/20/2013 - 9:58 AM) Page 7
Invoice No
Description
Amount
Payment Date
Acct Number
Reference
150817
Pine Hills Park
270.35
09/20/2013
4150- 49300 -61020
Check Total:
270.35
Vendor: SigSyst
Signal Systems Inc.
Check Sequence: 45
ACH Enabled: False
38346
Time Clock Maintenance
28.75
09/20/2013
5100- 48100 -63010
35346
Time Clock Maintenance
28.75
09120/2013
0101- 43100 -63010
=5346
Time Clock Maintenance
28.75
09/20/2013
0101- 45000 -63010
38346
Timc Clock Maintenance
28.75
09/20/2013
6100- 48800 -63010
Check Total:
115.00
Vendor: Talbl-awn
Talbere Lawn & Landscape, Inc
Check Sequence: 46
ACH Enabled: False
125712
2013 Lawn Service @ City' Hall
237.64
09/20/2013
0101- 41910 -63010
125713
2013 Lawn Service @ Comm Ctr
486.11
09/20/2013
2130- 44000 -63010
125714
2013 Lawn Service @ Fire Station #1
334.32
09/20/2013
0101 -41920 -63010
125715
2013 Lawn Service On Fire Station 92
233.02
09/20/2013
0101- 41920 -63010
125716
2013 Lawn Service @ Fire Station #3
197.07
09/20/2013
0101- 41920 -63010
Check Total:
1,488.16
Vendor: Courier
The Courier
Check Sequence: 47
ACH Enabled: False
52067
Ad for Recycling Day
225.00
09120/2013
0101.46000 -63025
Check Total:
225.00
Vendor: Timesave
Timesaver
Check Sequence: 48
ACH Enabled: False
M20019
Park & Recreationl Meeting
129.00
09/20/2013
0101 - 45000 -63005
M20019
Planning Commission Meeting
353.85
09/20/2013
0101- 41500 -63005
M20019
Council Meeting
549.60
09/20/2013
0101 -41100 -63005
Check Total:
1,032.45
Vendor: Transcen
Transcend United Technologies
Check Sequence: 49
ACH Enabled: False
103135
Repair 911 Dispatch Line
287.03
09/20/2013
0101 - 41920 -63105
103152
Identifying Lines a, Community Center
287.03
09/20/2013
2130 -44000 -63105
Check Total:
574.06
Vendor: TruNorth
TrueNorth Steel
Check Sequence: 50
ACH Enabled: False
BL0000000747
Misc. Storm Sewer Supplies
83.47
09/20/2013
5300- 48300 -61145
BL000000OS99
Misc. Storm Sewer Supplies
251.80
09/2012013
5300- 48300 -61145
Check Total:
335.27
AP- Computer Check Proof List by Vendor (09/20/2013 - 9:58 AM)
Page 8
Invoice No Description Amount Payment Date Acct Number Reference
Vendor:
TruGreen
TruGreen
Check Sequence: 51
ACH Enabled: False
6613001709
Weed Control
90.84
09/20/2013
0101- 41920 -63010
6613082621
Weed Control
101.53
09/20/2013
0101 - 41920 -63010
Check Total:
192.37
Vendor:
WSB
WSB Ss Associates, Inc.
Check Sequence: 52
ACH Enabled: False
3
Nightingale St Reconstructionj
7,995.00
09/20/2013
4140- 49300 -63005
9
Sports Complex - 3535 161st Ave
1,967.00
09/20/2013
4180- 49300 -63005
Check Total:
9,962.00
Vendor:
YMCA
YMCA of Metropolitan Mpls
Check Sequence: 53
ACH Enabled: False
Paid July 2013 Shared Service Twice
7,334.63
09/20/2013
2130 -44000 -58100
Check Total:
7,334.63
Vendor:
Ziegler
Ziegler, Inc.
Check Sequence: 54
ACH Enabled: False
E6234659
Service Contract for Lift Station #1
199.00
09/20/2013
5200- 48200 -62300
F,7259133
Service Contract for Lift Station #4
269.00
09/20/2013
5200 -48200 -62300
E8643902
Service Contract Billed in Error
- 647.96
09/20/2013
5100 -48100 -62300
E8643903
Service Contract
553.72
09/20/2013
5100- 48100 -62300
E8643904
Service Contract
553.72
09/20/2013
5100- 48100 -62300
Check Total:
927.48
Total for Check Run:
Total of Number of Checks:
99,268.87
54
AP- Computer Check Proof List by Vendor (09/20/2013 - 9:58 AM) Page 9
Accounts Payable
Computer Check Proof List by Vendor
User: BrendaF
Printed: 09/26/2013 - 4:24PM
Batch: 00423.09.2013
If ?---
Invoice No
Description
Amount
Payment Date
Acct Number
Reference
Vendor:
AC1Aspha
ACI Asphalt Contractors, Inc
Check Sequence: 1
ACH Enabled: False
34823
Parking Lot Maintenance
8,500.00
09/26/2013
2130 -44000 -63010
Check Total:
8,500.00
Vendor:
Aircon
Aircon Electric Corporation
Check Sequence: 2
ACH Enabled: False
10188- 2013
-1
RepairExit/Emergency Lights @ CH
221.00
09/26/2013
0101 - 41910 -63105
10188- 2013
-1
Repair Exit/Emergency Lights c0 PW
1,054.22
09/26/2013
0101- 41930 -63105
Check Total:
1,275.22
Vendor:
AmExpres
American Express
Check Sequence: 3
ACH Enabled: False
8 -12007
Resale Items for Sunshine Concessions
460.67
09/26/2013
0101- 41975 -61245
Check Total:
460.67
Vendor:
AnkCo19
Anoka Co CDBG
Check Sequence: 4
ACH Enabled: False
Revolving Loan Pymts- S. Lyke
480.00
09/26/2013
2120- 46500 -58100
Check Total:
480.00
Vendor:
AnkCol3
Anoka Co License Center
Check Sequence: 5
ACH Enabled: False
2013 RW 12 Trailer Title/License
762.43
09/26/2013
4211- 49300 -65600
Check Total:
762.43
Vendor:
BeckerAr
Becker Arena Products, Inc
Check Sequence: 6
ACH Enabled: False
00095407
Skate Rental Rack
230.70
09/26/2013
2130 -44200 -61020
Check Total:
230.70
Vendor:
Boyerl
Boyer Truck Parts
Check Sequence: 7
ACH Enabled: False
774801
Parts for Unit #198
282.05
09/26/2013
6100- 48800 -61115
783188X1
Sender
44.40
09/26/2013
6100- 48800 -61115
AP- Computer Check Proof List by Vendor (09/26/2013 - 4:24 PM) Page 1
Invoice No Description Amount Payment Date Acct Number Reference
CM738928
Core Return
-64.13
09/26/2013
6100 -48800 -61115
Check Total:
262.32
Vendor: BrockWhi
Brock White Company, LLC
Check Sequence: 8
ACH Enabled: False
12355251 -00
Relocation of Recycling Center
141.59
09/26/2013
0101 - 46000 -65200
Check Total:
141.59
Vendor: CapstHom
Capstone Homes
Check Sequence: 9
ACH Enabled: False
1920 - Escrow
1920 140th Avenue NW
6,431.00
09/26/2013
7200 - 00000 -24204
1920 -Insp Fee
1920 140th Avenue NW
-50.00
09/26/2013
0101 -41600 -54180
Check Total:
6,381.00
Vendor: ColumHei
City of Columbia Heights
Check Sequence: 10
ACH Enabled: False
3rd Qtr
2013 GIS 3rd Qtr
883.00
09/26/2013
2210- 41600 -63005
3rd Qtr
2013 GIS 3rd Qtr
1,765.00
09/26/2013
5200- 48200 -63005
3rd Qtr
2013 GIS 3rd Qtr
1,765.00
09/26/2013
5100- 48100 -63005
3rd Qtr
2013 GIS 3rd Qtr
1,765.00
09/26/2013
2250- 41600 -63005
3rd Qtr
2013 GIS 3rd Qtr
883.00
09/26/2013
4140 - 49300 -63005
3rd Qtr
2013 GIS 3rd Qtr
881.00
09/26/2013
5300- 48300 -63005
3rd Qtr
2013 GIS 3rd Qtr
883.00
09/26/2013
2220 -41600 -63005
Check Total:
8,825.00
Vendor: CMTDiver
CMT Diversified Janitorial Svc
Check Sequence: 11
ACH Enabled: False
1688
Strip /Wax Public Works Kitchen Floor
325.97
09/26/2013
0101- 41930 -63105
1702
Monthly Cleaning Service
1,514.95
09/26/2013
0101 - 41910 -63010
1702
Monthly Cleaning Service
1,334.60
09126/2013
0101- 41930 -63010
1702
Monthly Cleaning Service
757.48
09/26/2013
0101 - 41920 -63010
Check Total:
3,933.00
Vendor: CommAsp]
Commercial Asphalt Co.
Check Sequence: 12
ACH Enabled: False
130915
Dura Drive (42A) 6.0 %/5.2 %, B
453.97
09/26/2013
0101- 43100 -61125
Check Total:
453.97
Vendor: CorvalCo
Corval Constructors, Inc
Check Sequence: 13
ACH Enabled: False
804039
Repairs in the Server Room
211.00
09/26/2013
0101 - 41910 -63105
804231
Repairs to RTU
211.00
09/26/2013
0101 -41910 -63105
Check Total:
422.00
AP- Computer Check Proof List by Vendor (09/26/2013 - 4:24 PM) Page 2
Invoice No
Description
Amount
Payment Date
Acct Number
Reference
Vendor:
Crabtree
Crabtree Companies, Inc.
Check Sequence: 21 ACH Enabled: False
19527
Check Sequence: 14
ACH Enabled: False
119313
0101- 41930 -61120
Sharp Copier Lease
130.39
09/26/2013
0101- 41420 -62200
0101- 45000 -61020
119313
Fasteners
Black, White & Color Copies
91.28
09/26/2013
0101- 41420 -61020
Hog Ring Blair
7.03
09/26/2013
Check Total:
221.67
Tools
38.29
09/26/2013
Vendor:
DehnOil
Dehn Oil Company
27.37
09/26/2013
Check Sequence: 15
ACH Enabled: False
2534825
Unleaded Fuel
3,017.05
09/26/2013
6100- 48800 -61045
2534825
Diesel Fuel
4,400.40
09/26/2013
6100- 48800 -61050
Check Total:
7,417.45
Vendor:
ECM
ECM Publishers, Inc.
Check Sequence: 16
ACH Enabled: False
24859
Ad in Shopper for Recycling Day
129.00
09/26/2013
0101 -46000 -63025
Check Total:
129.00
Vendor:
EmerAppa
Emergency Apparatus Maint
Check Sequence: 17
ACH Enabled: False
70127
Parts to Repair Unit #4885
70.06
09/26/2013
6100- 48800 -61115
70127
Labor to Repair Unit #4895
207.38
09/26/2013
6100 -48800 -63135
Check Total:
277.44
Vendor:
EmerAuto
Emergency Automotive
Check Sequence: 18
ACH Enabled: False
RP091713 -1
Freight for Warranty Repair
10.89
09/26/2013
6100- 48800 -61115
Check Total:
10.89
Vendor:
FIRE
F.I.R.E.
Check Sequence: 19
ACH Enabled: False
375
Forcible Entry Trailer Training
1,300.00
09/26/2013
0101- 42200 -61315
Check Total:
1,300.00
Vendor:
FirstStT
First State Tire Recycling
Check Sequence: 20
ACH Enabled: False
88658
Tire Recycling
226.75
09/26/2013
0101 - 46000 -63010
AP- Computer Check Proof List by Vendor (09/26/2013 - 424 PM) Page 3
Check Total:
226.75
Vendor: Frattalo
Frattallone's Hardware Sto
Check Sequence: 21 ACH Enabled: False
19527
3/8 -16X72 T Rod
11.31
09/26/2013
0101- 41930 -61120
19537
Ant & Roach Killer
15.98
09/26/2013
0101- 45000 -61020
19589
Fasteners
25.12
09/26/2013
4180- 49300 -61105
19628
Hog Ring Blair
7.03
09/26/2013
0101 - 43300 -61020
19635
Tools
38.29
09/26/2013
6100- 48800 -61205
19643
Fasteners for Prairie Knoll Hockey Rink
27.37
09/26/2013
4180- 49300 -61105
AP- Computer Check Proof List by Vendor (09/26/2013 - 424 PM) Page 3
Invoice No Description Amount Payment Date Acct Number Reference
19691
Pipe Vent & Elbow Adjustable
18.24
09/26/2013
0101 - 41920 -61120
19693
Connector Duct & Pipe Vent
13.66
09/26/2013
0101 -41920 -61120
Check Total:
157.00
Vendor:
G &K
G &K Services
Check Sequence: 22
ACH Enabled: False
1182716595
Floor Mat Rental
36.94
09/26/2013
0101 - 41910 -62200
Check Total,
36.94
Vendor:
GST13112
Girl Scout Troop #13112
Check Sequence: 23
ACH Enabled: False
Key Refund
100.00
09/2612013
0101- 00000 -24201
Check Total:
100.00
Vendor:
GovConn
GovConnection, Inc.
Check Sequence: 24
ACH Enabled: False
50643457
Black Toner
78.93
09/26/2013
0101 -41600 -61005
Check Total:
78.93
Vendor:
HagforsT
Ted Hagfors Inc.
Check Sequence: 25
ACH Enabled: False
201315
2013 Electrical Inspections
1,96 1.10
09/26/2013
0101- 42300 -63005
Check Total:
1,961.10
Vendor:
HydraPlu
Hydraulics Plus & Consulting
Check Sequence: 26
ACH Enabled: False
4528
Parts to Repair Motor
363.41
09/26/2013
6100- 48800 -61115
4528
Labor for Motor
105.00
09/26/2013
6100- 48800 -63135
Check Total:
468.41
Vendor:
JRAdvanc
JR's Advanced Recyclers
Check Sequence: 27
ACH Enabled: False
82113
Appliance Recycling
1,03200
09/26/2013
0101 - 46000 -63010
Check Total:
1,032.00
Vendor:
Lawson
Lawson Products, Inc.
Check Sequence: 28
ACH Enabled: False
9301917060
Misc. Supplies
127.29
09/26/2013
6100- 48800 -61020
Check Total:
127.29
Vendor:
Lehmanns
Lehmann's
Check Sequence: 29
ACH Enabled: False
177087
Parts for Unirt 407403
50.27
09/26/2013
6100- 48800 -61115
177803
Parts for Unirt #4821
13.89
09/26/2013
6100- 48800 -61115
AP- Computer Check Proof List by Vendor (09/26/2013 - 4:24 PM) Page 4
Invoice No
Description
Amount
Payment Date
Acct Number
Reference
Check Total:
64.16
Vendor:
LubrTech
Lubrication Technologies, Inc.
Check Sequence: 30
ACH Enabled: False
2261680
ATF & Oil
3,305.87
09/26/2013
6100 - 48800 -61115
Check Total:
3,305.87
Vendor:
MainMo
Main Motors Chev - Cadillac
Check Sequence: 31
ACH Enabled: False
398696
Labor to Repair Unit #11
140.80
09/26/2013
6100- 48800 -63135
Check Total:
140.80
Vendor:
MBPTA
MBPTA
Check Sequence: 32
ACH Enabled: False
Registration for 2013 Fall Seminar
75.00
09/26/2013
0101 - 42300 -61315
Check Total:
75.00
Vendor:
Menards
Menards
Check Sequence: 33
ACH Enabled: False
34082
Rebar Rods for Recycling Building
37.14
09/26/2013
0101 -46000 -65200
34724
Misc. Supplies
177.09
09/26/2013
2130 -44300 -61020
Check Total:
214.23
Vendor:
MetroFir
Metro Fire
Check Sequence: 34
ACH Enabled: False
48083
Misc. Supplies
81.26
09/26/2013
0101- 42200 -61020
Check Total:
81.26
Vendor:
Microsof
Microsoft Corporation
Check Sequence: 35
ACH Enabled: False
C10004M5JU
Licenses for September 2013
280.00
09/26/2013
0101- 41420 -61320
Check Total:
280.00
Vendor:
MNConwa
Minnesota Conway Fire & Safety
Check Sequence: 36
ACH Enabled: False
72318
M FE SVC Recharge 20 # ABC- 15# CO2
65.00
09/26/2013
OI01- 42200 -61020
Check Total:
65.00
Vendor:
MNFirc4
Minnesota Fire Service
Check Sequence: 37
ACH Enabled: False
2262
Fire Appartrus Operator Cent Exam
300.00
09/26/2013
0101- 42200 -61315
Check Total:
300.00
Vendor:
MNComnu
MN Department of Commerce
Check Sequence: 38
ACH Enabled: False
AP- Computer Check Proof List by Vendor (09/26/2013 - 4:24 PM) Page 5
Invoice No Description Amount Payment Date Acct Number Reference
Vendor: MNFire3
Vendor: Nextel
743073318 -142
743073318 -142
743073318 -142
743073318 -142
743073318 -142
743073318 -142
743073318 -142
743073318 -142
743073318 -142
743073318 -142
743073318 -142
743073318 -142
743073318 -142
743073318 -142
743073318 -142
743073318 -142
743073318 -142
743073318 -142
Vendor: Of}Depot
675371181001
675371181001
675373310001
675373310001
675565738001
675565738001
675565738001
675565738001
675565738001
675565738001
676770603001
Unclaimed SAC Refund
Check Total:
MN State Fire Chiefs Assoc
Registration for Conference
Check Total
Nextel Communications
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Monthly Cell Phone Service
Check Total
Office Depot
CC Office Depot Supplies
CC Office Depot Supplies
CC Office Depot Supplies
CC Office Depot Supplies
PW Office Depot Supplies
PW Office Depot Supplies
PW Office Depot Supplies
PW Office Depot Supplies
PW Office Depot Supplies
PW Office Depot Supplies
PW Office Depot Supplies
1,036.64
1,036.64
220.00
220.00
399.74
21.67
158.01
82.15
212.46
21.67
65.02
21.67
205.88
101.52
147.18
82.16
97.53
54.17
21.67
79.16
119.85
103.84
1,995.35
31.09
31.08
57.31
57.32
6.62
33.10
9.45
14.18
45.40
23.65
-3.55
09/26/2013 7200 - 00000 -24205
Check Sequence: 39
09/26/2013 0101- 42200 -61315
Check Sequence: 40
09/26/2013 0101- 41600 -62030
09/26/2013 0101- 41400 -62030
09/26/2013 0101- 41920 -62030
09/26/2013 0101 -41420 -62030
09/26/2013 0101 - 45000 -62030
09/26/2013 0101- 41930 -62030
09/26/2013 5200 - 48200 -62030
0912612013 0101- 43300 -62030
09/26/2013 0101- 43100 -62030
09/26/2013 6100- 48800 -62030
09/26/2013 5100 -48100 -62030
09/26/2013 0101A1200 -62030
09/26/2013 0101 - 42300 -62030
09/26/2013 0101 -41100 -62030
09/26/2013 0101 - 41910 -62030
09/26/2013 0101 - 41300 -62030
09/26/2013 2130- 44000 -62030
09/26/2013 0101- 41500 -62030
Check Sequence: 41
09/26/2013 2130 -44000 -61005
09/26/2013 2130- 44300 -61005
09/26/2013 2130 -44300 -61005
09/26/2013 2130 -44000 -61005
09/26/2013 0101- 46000 -61005
09/26/2013 0101 -45000 -61005
09/26/2013 0101 -43200 -61005
09/26/2013 0101 -43100 -61005
09/26/2013 520048200 -61005
09/26/2013 5100- 48100 -61005
09/26/2013 5200- 48200 -61005
ACH Enabled: False
ACH Enabled: False
ACH Enabled: False
AP- Computer Check Proof List by Vendor (09/26/2013 - 4:24 PM) Page 6
Invoice No Description Amount Payment Date Acct Number Reference
676770603001
PW Office
Depot Supplies
-0.52
09/26/2013
0101 - 46000 -61005
676770603001
PW Office
Depot Supplies
-0.74
09/26/2013
0101 -43200 -61005
676770603001
PW Office
Depot Supplies
-1.11
09/26/2013
0101 - 43100 -61005
676770603001
PW Office
Depot Supplies
-2.59
09/26/2013
0101 - 45000 -61005
676770603001
PW Office
Depot Supplies
-1.85
0912612013
5100 -48100 -61005
279.06
Check Total:
298.84
392.08
09/26/2013
Vendor: Praxair Praxair Distribution Inc.
47120594 Misc. Supplies
Check Total:
Vendor: RoyalTi Royal Tire Inc
M010101117 Metal Stems
M010101117 Uni- Mouind Wheel Checks
Check Total:
Vendor: S &Sind S & S Industrial Supply
259587 Parts for Unit 4572
Check Total
Vendor: SmithBr
Smith Brothers Decorating
19947
Bags of Beads
19957
Bags of Beads
19959
Bags of Traffic Beads
19973
Paint & Supplies for Prairie Knoll Rink
19977
Traffic Paint
19999
Traffic Paint
20104
Traffic Paint
20113
Paint for Prairie Knoll Hockey Rink
20121
Paint for Prairie Knoll Hockey Rink
20134
Paint for Prairie Knoll Hockey Rink
20143
Bags of Beads
Vendor: SuburbLa
P11806
Check Total:
Suburban Lawn Center
Cable for Unit #09592
Check Total:
Check Sequence: 42
117.89 09/26/2013 6100 - 48800 -61020
117.89
Check Sequence: 43
76.31 09/26/2013 6100 - 48800 -61020
112.22 09/26/2013 6100 -48800 -61115
188.53
Check Sequence: 44
51.23 09/26/2013 6100- 48800 -61115
51.23
Check Sequence: 45
97.74
09/26/2013
010143100 -61020
86.57
09/26/2013
0101- 43100 -61020
129.85
09/26/2013
0101 - 43100 -61020
63.74
09/26/2013
4180- 49300 -61105
380.60
09/26/2013
010143100 -61020
423.89
09/26/2013
0101 - 43100 -61020
467.17
09/26/2013
0101 - 43100 -61020
666.93
09/26/2013
4180- 49300 -61105
279.06
09/26/2013
4180- 49300 -61105
392.08
09/26/2013
4180 - 49300 -61105
467.17
09/26/2013
0101- 43100 -61020
3,454.80
Check Sequence: 46
49.65
09/26/2013
6100- 48800 -61115
49.65
ACH Enabled: False
ACH Enabled: False
ACH Enabled: False
ACH Enabled: False
ACH Enabled: False
AP- Computer Check Proof List by Vendor (09/26/2013 - 4:24 PM) Page 7
Invoice No Description Amount Payment Date Acct Number Reference
Vendor: TheWilso
The Wilson Bohannan Padlock Co
286.93
Check Sequence: 51 ACH Enabled: False
Check Sequence: 47 ACH Enabled: False
0102854 -1N
Brass Padlocks Model 653
153.46
09/26/2013
5200- 48200 -61140
0102854 -IN
Brass Padlocks Model 653
-10.00
09/26/2013
5100- 00000 -20301
0102854 -IN
Brass Padlocks Model 653
-10.00
09/26/2013
5200- 00000 -20301
0102854 -1N
Brass Padlocks Model 653
153.47
09/26/2013
5100- 48100 -61135
Check Total,
2,273.60
Vendor: Wells Far Wells Fargo Bank
Check Total:
286.93
Check Sequence: 51 ACH Enabled: False
Payment Drop Box
Vendor: ToyotaLi
Toyota -Lift of Minnesota
5200- 00000 -20301
Misc. Supplies
Check Sequence: 48 ACH Enabled: False
W086252
Parts for Unit #303
33.33
09/26/2013
6100 - 48800 -61115
W086252
Labor for Unit #303
71.61
09/26/2013
6100 - 48800 -63135
W086253
CO Testing for Unit #33
37.41
09/26/2013
6100 - 48800 -63135
556.00
Check Total:
142.35
Payment Drop Box
556.00
Vendor: TruGreen
TruGreen
Misc. Supplies
143.17
Check Sequence: 49 ACH Enabled: False
6613001443
Weed Control
209.48
09/26/2013
0101 - 41920 -63010
Tools
Check Total:
209.48
6100- 48800 -61205
Misc. Supplies
Vendor: TCGarage
Twin City Garage Door Co.
6100- 48800 -61020
ApplelTunes Store
Check Sequence: 50 ACIi Enabled: False
399484
Labor to Repair Garage Door
2,273.60
09/26/2013
0101 - 41930 -63105
Check Total,
2,273.60
Vendor: Wells Far Wells Fargo Bank
Check Sequence: 51 ACH Enabled: False
Payment Drop Box
- 143.00
09/26/2013
5200- 00000 -20301
Misc. Supplies
94.00
09/26/2013
0101 - 42200 -61020
(Pad Subscription
13.96
09/26/2013
0101- 41200 -61325
Payment Drop Box
556.00
09/26/2013
5100- 48100 -61005
Payment Drop Box
556.00
09/26/2013
5200- 48200 -61005
Payment Drop Box
556.00
09/26/2013
5300- 48300 -61005
Payment Drop Box
556.00
09/26/2013
0101 - 43600 -61005
Misc. Supplies
143.17
09/26/2013
0101 - 42200 -61020
Stock
135.18
09/26/2013
6100- 48800 -61115
Tools
275.15
09/26/2013
6100- 48800 -61205
Misc. Supplies
66.78
09/26/2013
6100- 48800 -61020
ApplelTunes Store
10.70
09/26/2013
510048100 -61220
Misc. Supplies
1,673.19
09/26/2013
0101.41920 -61120
Tools
171.95
09/26/2013
010141930 -61205
Relocation of Recycling Center
159.42
09/26/2013
010146000 -61120
Postage
20.10
09/26/2013
5100 -48100 -61405
Misc. Supplies
249.08
09/26/2013
2130A4300 -61020
Hotel for Conference
90.73
09/26/2013
2130 -44300 -61310
AP- Computer Check Proof List by Vendor (09/26/2013 - 4:24 PM) Page 8
Invoice No Description Amount Payment Date Acct Number Reference
Hotel for Conference
300.00
09/26/2013
2130 -44000 -61310
Misc. Supplies
45.41
09/26/2013
5100- 48100 -61135
Commercial Real Estate Listing
89.95
09/26/2013
2110 -46500 -61320
Safety Harness
415.31
09/26/2013
0101- 43100 -61020
Staff Meeting
28.76
09/26/2013
0101- 41200 -61310
Council Meeting
69.63
09/26/2013
0101 - 41100 -61310
Hotel for Conference
197.12
09/26/2013
0101 - 41230 -61310
Cell Phone Protector
27.84
09/26/2013
0101- 41420 -61225
Pop Machine
34.27
09/26/2013
7100- 00000 -24208
CALL -EM -ALL Subscription
35.00
09/2612013
0101 - 43200 -61325
Vendor: WitmerAs
01108850
Check Total:
Witmer Public Safety Group, Inc.
Custom Built Shields
Check Total:
Total for Check Rum:
Total of Number of Checks
6,427.70
Check Sequence: 52
941.99 09/26/2013 0101 -42200 -61020
941.99
67,894.07
52
ACH Enabled: False
AP- Computer Check Proof List by Vendor (09/26/2013 - 4:24 PM) Page 9
Accounts Payable
Computer Check Proof List by Vendor 11t 1
User: BrendaF v
Printed: 09/27/2013 - 8:36AM
Batch: 00401.10.2013
Invoice No Description Amount Payment Date Acct Number Reference
Vendor: AmPaveSo American Pavement Solutions, Inc. Check Sequence: 1 ACH Enabled: False
Payment #1 2013 Crack Sealing 114,124.50 10/01/2013 4140- 49300 -63010
Check Total: 114,124.50
Vendor: Connex2 Connexus Energy Check Sequence: 2 ACH Enabled: False
386026/304690 Relocation of Recycling Center 3,677.52 10/01/2013 0101 -46000 -65200
Check Total: 3,677.52
Vendor: MattBull Matt Bullock Contracting Co. Check Sequence: 3 ACH Enabled: False
Payment #4 Sports Complex - 3535161st Ave 97,774.25 10/01/2013 4180- 49300 -63010
Check Total: 97,774.25
Vendor: OmannBro Omann Brothers Paving, Inc. Check Sequence: 4 ACH Enabled: False
Payment #3 2013 Street Reconstruction 121,362.46 10/01/2013 4140 - 49300 -63010
Check Total: 121,362.46
Vendor: OmannBro Omann Brothers Paving, Inc. Check Sequence: 5 ACH Enabled: False
Payment #5 174th Ave/Heather St/173rd Ln 16,522.30 10/01/2013 4140- 49300 -63010
Check Total: 16,522.30
Vendor: OmannBro Omann Brothers Paving, Inc. Check Sequence: 6 ACH Enabled: False
Payment 46 2013 Curb, Sidewalk & Ped Ramp 2,024.67 10/01/2013 4140- 49300 -63010
Payment #6 174th Ave /Heather SO 73rd Ln 13,004.48 10/01/2013 4140- 49300 -63010
Check Total: 15,029.15
Vendor: Remackel Remackel Welding & Mfg. Check Sequence: 7 ACH Enabled: False
3365 2013 RW12 Trailer 11,095.00 10/01/2013 421149300 -65600
AP- Computer Check Proof List by Vendor (09/27/2013 - 8:36 AM) Page 1
Invoice No Description Amount Payment Date Acct Number Reference
Check Total: 11,095.00
Vendor: RumRivCo Rum River Contracting, Inc. Check Sequence: 8 ACH Enabled: False
Payment #4 Nightingale St Reconstruction 319,671.63 10/01/2013 4140- 49300 -63010
Check Total: 319,671.63
Total for Check Run: 699,256.81
Total of Number of Checks: 8
AP- Computer Check Proof List by Vendor (09/27/2013 - 8:36 AM) Page 2
C I T Y Q F 3
N6 6
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 Administra
FROM: David D. Berkowitz, Director of Pu 'c Wo s /City Engineer
SUBJECT: Receive Assessment Roll/Order Public Hearing/12- 28/Nightingale Street NW
Reconstruction — Engineering
DATE: October 1, 2013
INTRODUCTION
The City Council is requested to receive the assessment roll and approve the resolution ordering the
public hearing on the proposed assessment for Project 12 -28, Nightingale Street NW Reconstruction.
DISCUSSION
Nightingale Street NW reconstruction between Crosstown Boulevard NW and 161St Avenue NW has been
completed. The project improvements included drainage improvements, added turn lanes trail construction and
new roadway surfacing. Due to the limited number of parcels located along this corridor, the City Council
elected to not assess the properties fronting along the project at a lump sum rate of $3,000.00 / unit, which is a
consistent assessment of similar type reconstruction projects in past years.
The actual total costs for the project has not been determined as of yet as the project costs are current being
totaled. However, as the assessment is a flat rate and not based upon actual construction costs the assessment
process can move forward scheduling the assessment hearing without final determination of the actual costs.
Estimated final project costs are provided below for information (based upon quantities and expenses to date
and estimated quantities needed to complete the project):
Estimated Final Costs Feasibility Estimate
Estimated Final Construction Costs: $1,134,000.00 $1,215,300.00
Estimated Final Indirect Costs: $ 257,000.00 $ 310,800.00
Estimated Total Project Costs: $1,391,000.00 $1,551,300.00
The attached Final Assessment Worksheet provides a more detailed breakdown on these actual costs.
The metes and bounds property assessment will be deferred based on agricultural designation.
The Assessment Roll is on file in the City Clerk's office for review.
BUDGET IMPACT
A flat rate of $3,000.00 per unit will be assessed to 13 benefitting properties. The remainder of the project costs
will be funded from the City's Road & Bridge Fund (reimbursed through Municipal State Aid funding) and the
Trunk Water Fund. Based upon current market conditions the assessment roll is over a 10 -year period at a
4.5% interest rate.
ACTION REQUIRED
The City Council is requested to receive the assessment roll and approve the resolution ordering the
public hearing on the proposed assessment for Project 12 -28, Nightingale Street NW Reconstruction.
Respectfully submitted,
David D. Berkowitz
Attachments: Resolution, ssessment Worksheet & Summary of the Assessment Roll
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR
PROJECT NO. 12 -28 NIGHTINGALE STREET NW RECONSTRUCTION. .
WHEREAS, by a resolution passed by the City Council on September 17, 2013,
the City Clerk was directed to prepare a proposed assessment of the cost of the
improvement for Project No. 12 -28 .
WHEREAS, the City Clerk has notified the Council that such proposed
assessment has been completed and filed in her office for public inspection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota:
1. A hearing shall be held the November 5 , 2013 , in the City Hall at 8:01 PM to
pass upon such proposed assessment and at such time and place all persons owning
property affected by such improvements will be given an opportunity to be heard with
reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to
the hearing, and she shall state in the notice the total cost of improvement. She shall
also cause mailed notice to be given to the owner of each parcel described in the
assessment roll not less than two weeks prior to the hearings.
MOTION seconded by Councilmember
and adopted by the
City Council at a regular meeting this 1st day of October , 2013 , with
Councilmembers
favor of the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Michelle Hartner — Deputy City Clerk
voting in
voting
FINAL ANDOVER ASSESSMENT WORKSHEET
Project Name:
Nightingale Street NW
Project No.:
12 -28
Reconstruction - SAP 198- 124 -001
Feasibility Report
Date: 01/15/13
Amount:
$ 1,215,300.00
Contract Award
Date:
Amount:
$ 1,197,710.64
Actual Construction Cost
Amount:
$ 1,133,218.53
Actual Expenses
Engineering (Includes Surveying, Design,
Inspection & Staking):
$
130,547.50
Consulting Costs
$
25,471.11
Aerial Mapping (1 % of street)
$
10,535.61
Drainage Plan (0.3% of street/storm)
$
3,355.71
Administration (3 %)
$
33,996.56
Assessing (1 %)
$
11,332.19
Bonding (0.5 %)
$
-
Recording Fees / Legal & Easement
$
-
Advertising
$
492.00
Permit and Review Fees
$
950.00
Street Signs (Materials and Labor)
$
9,626.66
Easement Acquisition
$
-
Material Testing
$
19,104.25
Construction Interest
$
4,974.58
City Costs
$
6,114.10
Total Actual Expenses
$
256,500.27
Expenses Multiplier
22.63467%
Wetland Mitigation Costs
$
-
(Covered by Road Bank)
Total Actual Project Cost
Amount:
$ 1,389,718.80
(These
are estimated final totals)
>sment Rate Per Lot $3,000.00 / unit
Assessments 13 units x $3,000.001 unit = $ 39,000.00
Water Fund $17,965.51
and Bridge Fund (MSA Funds) - Streets & Storm Sewer (total costs) $1,332,753.29
City Costs $1,350,718.80
Total $1,389,718.80
Final Assessment Worksheet
Exhibit 4
M
X
FY
r.:
cn
NIGHTINGALE STREET NW RECONSTRUCTION
City Prnicet 19_9R
Assessment Rate S 3.000.00 I Unit
PID A
Owner
-
Owner Address
Property Address
Existing
Lots
Potential
Lots
Estimated
Assessment
223224420007
Steven & Deanne Thorson
15127 Nightingale St NW Andover MN 55304
15127 Nightingale St NW Andover MN 55304
1
3 000.00
223224420014
Kenneth & Ma Ann SI uk
14124 Crosstown Blvd NW Andover, MN 55304
Metes and Bounds Description
1
3 000.00
223224420001
Kenneth & Ma Ann SI uk
14124 Crosstown Blvd NW Andover MN 55304
15211 Nightingale St NW, Andover MN 55304
1
$3 000.00
223224310029
Kenneth & Ma Ann SI uk
14124 Crosstown Blvd NW Andover, MN 55304
15260 Nightingale St NW Andover MN 55304
1
$3 000.00
223224240016
David Olson
15318 Nightingale St NW Andover MN 55304
15318 Nightingale St NW Andover MN 55304
1
$3 000.00
223224240017
Jer Saaren as
40827 Co Road 311 Deer River, MN 56636
2048 Nightingale St NW Andover MN 55304
1
$3 000.00
223224240001
Timothy & Mary Tronson
15416 Nightingale St NW Andover MN 55304
15416 Nightingale St NW Andover MN 55304
1
$3,000.00
223224130044
Lori Breitbarth
15405 Nightingale St NW Andover, MN 55304
15405 Nightingale St NW Andover MN 55304
1
$3,000.00
223224240011
Bruce Johnson
15450 Nightingale St NW Andover MN 55304
15450 Nightingale St NW Andover MN 55304
1
$3,000.00
223224210004
Gary Melvin Sather
15532 Nightingale St NW Andover MN 55304
15532 Nightingale St NW Andover MN 55304
1
$3,000.00
153224310008
George & Elaine Ragan
16042 Nightingale St NW Andover, MN 55304
16042 Nightingale St NW Andover MN 55304
1
$3,000.00
153224420006
Coon Rapids Christian Church
16045 Nightingale St NW Andover MN 55304
16045 Nightingale St NW, Andover MN 55304
1
$3,000.0
153224310002
Joyce & Kipp Rin welski
16052 Ni htin ale St NW Andover MN 55304
16052 Nightingale St NW Andover MN 55304
1
$3,000.00.
TOTALS
13
0
$39,000.00
A
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 Administ
FROM: David D. Berkowitz, Director
SUBJECT:
Receive Assessment RoIVOr
— Engineering
DATE: October 1, 2013
.ngineer
- 47/174TH Ave., Heather St. & 173d Ln.
INTRODUCTION
The City Council is requested to receive the assessment roll and approve the resolution ordering the public
hearing on the proposed assessment for Project 11 -47, 174`" Avenue NW, Heather Street NW & 173rd Lane NW
Street Improvements.
DISCUSSION
The above subject project has been completed and the next step toward finalizing the project is the assessment
hearing. The existing gravel roadways within this area were paved, along with construction of concrete curb
and gutter and storm drainage improvements. This project was initiated by resident petition and the assessments
are based on a 50/50 cost split with the neighborhood and the City, with Connexus Energy paying 100% of the
improvement costs for their driveway.
The updated feasibility estimated assessment per unit presented to the residents on March 19, 2013 at a
neighborhood meeting was $10,790.00 /unit. The actual assessment rate is $10,688.25 /unit. The following
table depicts the final costs associated with the project.
Total
Project Costs
Connexus
Energy*
Assessable
Costs (50 %)
City
Costs (50 %)
Feas. Assess.
Rate Per Unit
Actual Assess.
Rate Per Unit
$348,875.65
$6,851,527
$$171,012.00
$171,012.13
$10,790.00
$10,688.25
*This amount is for improvements to the Connexus Energy driveway, which is funded 100% by
Connexus Energy. This is in addition to their assessment to the roadway project.
The attached Final Assessment Worksheet provides a more detailed breakdown on these actual costs.
The Assessment Roll is on file in the City Clerk's office for review.
BUDGETIMPACT
Fifty percent (50 %) of the total project costs will be funded from the City's Road & Bridge Fund and the
remaining 50% of the total project costs will be assessed to the benefiting properties. Based upon current
market conditions the assessment roll is extended over a 10 -year period at a 4.5% interest rate.
ACTION REQUIRED
The City Council is requested to receive the assessment roll and approve the resolution ordering the public
hearing on the proposed assessment for Project 11 -47, 170 Avenue NW, Heather Street NW & 173`d Lane NW
Street Improvements.
Respectfully submitted,
David D. Berkowitz
Attachments: ResolutionV, ssessment Worksheet & Summary of the Assessment Roll `�
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT
PROJECT NO. 11 -47, 174TH AVENUE NW, HEATHER STREET NW & 173
NW STREET IMPROVEMENTS. .
WHEREAS, by a resolution passed by the City Council on September 17, 2013,
the City Clerk was directed to prepare a proposed assessment of the cost of the
improvement for Project No. 11 -47 .
WHEREAS, the City Clerk has notified the Council that such proposed
assessment has been completed and filed in her office for public inspection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota:
1. A hearing shall be held the November 5 , 2013 , in the City Hall at 8:01 PM to
pass upon such proposed assessment and at such time and place all persons owning
property affected by such improvements will be given an opportunity to be heard with
reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to
the hearing, and she shall state in the notice the total cost of improvement. She shall
also cause mailed notice to be given to the owner of each parcel described in the
assessment roll not less than two weeks prior to the hearings.
MOTION seconded by Councilmember
and adopted by the
City Council at a regular meeting this 1st day of October , 2013 , with
Councilmembers
favor of the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Michelle Hartner — Deputy City Clerk
voting in
voting
FINAL ANDOVER ASSESSMENT WORKSHEET
Project Name:
Heather Street/173rd Lane/
Project No.:
11 -47
$
174th Avenue
Aerial Mapping (1% of street)
$
Feasibility Report
Revised 03/19/12
Amount: $
283,520.00
Contract Award
April 16, 2013
Amount: $
264,768.86
Actual Construction Cost
2,629.39
Amount: $
262,939.45
Actual Expenses
Engineering (Includes Surveying, Inspection & Staking):
$
57,884.90
Consulting Costs
$
-
Aerial Mapping (1% of street)
$
2,403.95
Drainage Plan (0.3% of street/storm)
$
788.82
Administration (3 %)
$
7,888.18
Assessing (1 %)
$
2,629.39
Bonding (0.5 %)
$
-
Recording Fees / Legal & Easement
$
977.50
Advertising
$
256.25
Permit and Review Fees
$
670.00
Street Signs (Materials and Labor)
$
2,017.26
Material Testing
$
3,040.25
Construction Interest
$
3,380.19
City Costs
$
3,999.51
Total Actual Expenses
$
85,936.20
Expenses Multiplier
32.68%
Total Actual Project Cost
Amount: $ 348,875.65
Actual Connexus Energy Driveway Const. Cost $ 5,163.94
Actual Connexus Energy Driveway Indirect Cost $ 1,687.58
Total Actual Connexus Energy Driveway Cost $ 6,851.52
Total Assessable Costs $ 342,024.13
Feasibility Assessment Rate Per Unit (50 %) $ 172,695.00 / 16 Units=
Actual Assessment Rate Per Unit (50 %) $ 171,012.07 / 16 Units=
Total Actual Assessments (50 %) $171,012.00
Total Actual Assessment (Connexus Energy Driveway) $6,851.52
Total Actual City Costs (50 %) $171,012.13
$348,875.65
$ 10,790.00
$ 10,688.25
Final Assessment Worksheet
Exhibit 4
r-
0
N
MJ
(D
N
N
ID
Q
X O
S
Vt y
174th Avenue NW / Heather Street NW / 173rd Lane NW Street Improvements
City Project 11 -47
City of Andover
PID #
Owner
Owner Address
Owner City
Units
50%
Assessed
04- 32 -24 -33 -0003
Gordon & Janette Bovee
3023 -174th Avenue NW
Andover MN 55304
1
$ 10 688.25
04- 32 -24 -33 -0004
Terry Edwards
3026 -174th Avenue NW
Andover MN 55304
1
$ 10 688.25
04- 32 -24 -33 -0005
Daniel Humble
3019173rd Lane NW
Andover MN 55304
1
$ 10 688.25
04- 32 -24 -33 -0006
J Steinbring & B Knudson
3155 174th Avenue NW
Andover MN 55304
1
$ 10 688.25
04- 32 -24 -33 -0007
Charles Cheslock
3103 -174th Avenue NW
Andover MN 55304
1
$ 10, 688.25
04- 32 -24 -33 -0008
Linda Nordstrom Waterhouse
3129 -174th Avenue NW
Andover MN 55304
1
$ 10 688.25
04- 32 -24 -33 -0009
Mark & Marche Evan
3055 -174th Avenue NW
Andover MN 55304
1
10 688.25
04- 32 -24 -33 -0010
Marie Bakke Trustee
3561 -226th Avenue NW
St. Francis MN 55070
1
$ 10 688.25
04- 32 -24 -33 -0011
Brian & Amy Po orelec
3054 -174th Avenue NW
Andover MN 55304
1
$ 10 688.25
04- 32 -24 -33 -0012
Marie Bakke Trustee
3561 -226th Avenue NW
St. Francis MN 55070
1
$ 10 688.25
04- 32 -24 -33 -0013
Cory Thode
3104 -174th Avenue NW
Andover MN 55304
1
$ 10 688.25
04- 32 -24 -33 -0015
Jessica & Aaron Vanwechel
3123 -173rd Lane NW
Andover MN 55304
1
10 688.25
04- 32 -24 -33 -0016
Boyd Barrott
3047 -173rd Lane NW
Andover MN 55304
1
$ 10 688.25
04- 32 -24 -33 -0018
Jeannie Hill
3056 -173rd Lane NW
Andover MN 55304
1
$ 10 688.25
04- 32 -24 -34 -0001
Connexus Energy
14601 Ramsey Blvd NW
Ramsey, MN 55303
1
$ 10 688.25
04- 32 -24 -34 -0010
Dennis & Elizabeth Oswald
17371 Heather Street NW
Andover MN 55304
1
$ 10 688.25
TOTAL
ND 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 Administrator
FROM: David D. Berkowitz, Director of Public Works /City Engineer
(2)
SUBJECT: Approve Resolution/Request Anoka County to Conduct Speed Study/
Bunker Lake Blvd. NW from Hanson Blvd. NW to Crosstown Blvd. NW -
Engineering
DATE: October 1, 2013
INTRODUCTION
This item is in regard to approving a resolution requesting a speed study along Bunker Lake
Boulevard NW from Hanson Boulevard NW to Crosstown Boulevard NW.
DISCUSSION
As development has increased along Bunker Lake Boulevard NW the City Council would like
the speed limit evaluated along Bunker from Hanson Boulevard NW to Crosstown Boulevard
NW.
ACTION REQUIRED
The City Council is requested to approve the resolution requesting a speed study on Bunker Lake
Boulevard NW from Hanson Boulevard NW to Crosstown Boulevard NW.
Respectfully submitted,
David D. Berkowitz
Attachment: Resolution ✓
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION REQUESTING A SPEED STUDY ALONG BUNKER LAKE
BOULEVARD NW BETWEEN HANSON BOULEVARD NW & CROSSTOWN
BOULEVARD NW, SECTION 34, TOWNSHIP 32, RANGE 24 IN THE CITY OF
ANDOVER.
WHEREAS, the County of Anoka is requested to request the Minnesota
Department of Transportation to do a speed study, and;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby request the County of Anoka to request a study with MNDOT along Bunker
Lake Boulevard NW between Hanson Boulevard NW & Crosstown Boulevard NW.
Adopted by the City Council of the City of Andover this 1 st day of October ,
2013.
ATTEST:
Michelle Hartner — Deputy City Clerk
CITY OF ANDOVER
Michael R. Gamache - Mayor
C I T Y O F
ND a�
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.AN DOVE R.MN.US
TO: City Council Members
CC: Jim Dickinson, City
FROM: David L. Carlberg, Community Develop` anent Director
SUBJECT: Approve Purchase Agreements — Drainage and Utility Easement and Open Space Land
Acquisition - Aasness
DATE: October 1, 2013
INTRODUCTION
The City Council is requested to approve the attached purchase agreements for a drainage and utility
easement and open space land acquisition with Donna and Richard Aasness.
ACTION REQUESTED
The City Council is requested to approve the attached purchase agreements.
Respectfully submitted,
2. ajj-�,�
l
David L. Carlberg
Attachments
Purchase Agreements
PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement (this "Agreement ") is made on September
12, 2013, by and between Richard Aasness and Donna Aasness, husband and wife, (collectively
referred to herein as "Seller "), having an address for notices of 16425 Hanson Boulevard NW,
Andover, MN 55304, and City of Andover ( "Buyer "), a Minnesota municipal corporation having
an address for notices of 1685 Crosstown Boulevard, N.W., Andover, MN 55304.
2. OFFER/ACCEPTANCE. Subject to the terms and conditions of this
Agreement, Buyer agrees to purchase and Seller agrees to sell a permanent easement for water
main purposes including, without limitation, the construction, maintenance, and repair thereof,
and uses incident thereto, in, under, over and upon the real property, in Anoka County,
Minnesota described as follows:
A 20.00 foot wide permanent easement for water main purpose over under and across the
Northeast Quarter of the Northwest Quarter of Section 14, Township 32, Range 24,
Anoka County, Minnesota, lying northerly of the south 16.50 feet thereof. The centerline
of said easement is described as follows:
Beginning at a point on the south line of the above described property 80.00 feet east of,
as measured along said south line from the southwest corner of the above said property;
thence northeasterly to a point on the east line of said Northeast Quarter of the Northwest
Quarter a distance 11.17 feet south of the northeast corner of the above said property as
measured along the east line thereof.
Area of easement = 41,801 square feet or 0.960 acres (the "Property ").
3. PRICE AND TERMS. The purchase price for the Property (the "Purchase
Price ") shall be Six Thousand One hundred and Fifity Dollars ($6,150.00), which Buyer shall
pay as follows: Earnest money of One Thousand and no /100 Dollars ($1,000.00) by check,
receipt of which is hereby acknowledged, and Five Thousand One Hundred and Fifty Dollars
($5,150.00) in cash or other immediately available funds on the "Closing Date" (defined below).
4. CONTINGENCIES TO BUYER'S OBLIGATION TO PURCHASE THE
PROPERTY. Buyer's obligation to purchase the Property is contingent upon satisfaction, or
waiver by Buyer, of each of the following conditions. If Buyer so notifies Seller that any such
contingency to Buyer's obligation to purchase the Property has not been satisfied, the earnest
money paid herein shall be refunded to Buyer and neither Seller nor Buyer shall have any further
rights or obligations under this Agreement except for obligations (the "Surviving Obligations ")
which expressly survive the termination of this Agreement or the Closing.
(a) Buyer shall be completely satisfied, in Buyer's sole discretion, with the
environmental and soil conditions of the Property. Seller hereby authorizes Buyer, at
Buyer's sole risk, to enter the Property during the period (the "Inspection Period ")
commencing on the date of this Agreement and ending at the end of October 31, 2013, to
conduct investigations and testing of the Property. Buyer shall indemnify and hold Seller
harmless from all loss, cost, damage and expense (including court costs and reasonable
attorney's fees) that Seller may suffer or incur as a result of Buyer's entry onto and
investigation and testing of the Property, and Buyer's obligation under this sentence shall
be a Surviving Obligation.
(b) Buyer shall have determined that roads; easements, driveways, utilities,
points of access and other infrastructure serving the Property will be adequate for Buyer's
purposes, as determined by Buyer in Buyer's sole discretion.
(c) Buyer shall have acquired the real property located in the County of
Anoka, State of Minnesota legally described as follows:
PARCELI
The south 662.79 feet of the Northeast Quarter of the Northwest Quarter of Section 14,
Township 32, Range 24, Anoka County Minnesota lying northerly of the south 16.50 feet
thereof.
PARCEL2
The south 163.68 feet of the Northwest Quarter of the Northwest Quarter of Section 14,
Township 32, Range 24, Anoka County, Minnesota, lying east of the west 673.09 feet thereof.
PARCEL3
That part of the west 673.09 feet of the South Half of the South Half of the Northwest Quarter of
Section 14, Township 32, Range 24, Anoka County, Minnesota, lying southerly of the following
described line and its extensions:
Beginning at the northeast corner of west 673.09 feet of the south 163.70 feet of said Northwest
Quarter of the Northwest Quarter; thence northwesterly to the Northwest corner of said South
Half of the South Half of the Northwest Quarter of the Northwest Quarter and said line there
tenninating.
Area of Parcel 1 =
849,404 sq. ft. or 19.50 acres
Area of Parcel 2 =
104,980 sq. ft. or 2.41 acres
Area of Parcel 3 —
166,189 sq. ft. or 3.82 acres
no later than November 1, 2013. Buyer may not waive this contingency 4(c) as it
is the intent and understanding of the parties that Seller shall not be obligated to sell the
Property to Buyer unless Buyer also purchases the real property identified in this
paragraph 4(c).
2
(d) Buyer shall have obtained all watershed, environmental and other
governmental approvals and permits (excluding any such approvals and permits as Buyer
itself may grant) that Buyer shall deem necessary to use the Property in the manner
contemplated by Buyer.
(e) Buyer shall be satisfied with the matters disclosed by any survey of the
Property obtained by Buyer at Buyer's expense.
(f) Seller shall execute and deliver to Buyer, no later than the Closing Date, a
Permanent Water Main Easement in substantial conformity with that attached hereto as
Exhibit A.
(g) The representations and warranties made by Seller in Section 9 shall be
correct as of the Closing Date with the same force and effect as if such representations
were made at such time.
5. CONTINGENCY TO SELLER'S OBLIGATION TO SELL THE
PROPERTY._ Seller's obligation to sell the Property is contingent upon the closing occurring
on or before November 15, 2013. If the closing does not occur on or before November 15, 2013,
through no fault of the Seller, then the Purchase Agreement shall be considered null and void and
the earnest money paid herein shall be refunded to Buyer, and neither Seller nor Buyer shall have
any further rights or obligations under this Agreement except for obligations (the "Surviving
Obligations ") which expressly survive the termination of this Agreement or the Closing.
6. CLOSING. Except as otherwise expressly provided in this Agreement, the
closing of the sale and purchase contemplated by this Agreement (the "Closing ") shall occur on
November 15, 2013 or such earlier date as shall be mutually acceptable to Seller and Buyer (the
"Closing Date "). The Closing shall occur at 10:00 a.m., or such other time as shall be mutually
acceptable to Seller and Buyer, at such location as shall be mutually acceptable to Seller and
Buyer.
At the Closing, and subject to perfonmance by Buyer, Seller shall execute in recordable
form and deliver a Quit Claim Deed (the "Deed ") to the Property, conveying marketable title to
the Property subject only to the "Permitted Exceptions" (defined below), and shall execute and
deliver such other and further documents as reasonably shall be required to consummate the
transaction contemplated by this Agreement. At the Closing, and subject to performance by
Seller, Buyer shall pay the Purchase Price in cash or other immediately available funds, and shall
execute and deliver such documents as reasonably shall be required to consummate the
transaction contemplated by this Agreement.
At the Closing, Seller and Buyer shall pay their own share of any closing fee charged by
Title. With respect to all other costs, each party shall pay its share of the Closing costs which are
normally assessed against a seller or buyer, as the case may be, except as otherwise provided
below. Seller shall pay: state deed tax and any conservation fee on the Deed, and the cost of
recording any document necessary to cure any title objection or otherwise place good and
marketable title, subject to the Permitted Exceptions, in Buyer. Buyer shall pay all other
3
document recording fees and conservation fees, and mortgage registry tax, recording fees and
any conservation fee on any financing documents required by Buyer's lender, if any.
For purposes of this Agreement, "Permitted Exceptions" include:
A. Building and zoning laws, ordinances, state and federal regulations;
B. Reservation of any mineral rights by the State of Minnesota;
C. Utility and drainage easements which do not interfere with Buyer's intended use
of the Property;
D. Public roads upon and County ditches across the Property; and
E. Any other matter disclosed by the Title Commitment and not timely and
effectively objected to by Buyer.
7. CONDITION OF PROPERTY. Seller shall remove from the Property before
the completion of the Closing all debris and personal property not included in the purchase of the
Property.
8. BROKERAGE. Buyer and Seller represent that neither party is represented by a
real estate agent or broker and no brokerage commissions are due any third parties as a result of
this transaction.
9. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents
and warrants to and covenants with Buyer that:
(a) Seller is the owner of fee simple title to the Property; Seller has the power
and authority to enter into and perform the terms and conditions of this Agreement, and
such performance will not conflict with or result in a breach of any of the terms,
conditions or provisions of any agreement or instrument to which Seller is a party or by
which it is bound, or constitute a default under any of the foregoing; and this Agreement
is valid, binding and enforceable against Seller in accordance with its terms.
(b) Seller has not received any notice of, and Seller is not aware of, any
violation of any law, municipal ordinance or other governmental requirement affecting
the Property, including without limitation any notice of any fire, health, safety, building,
pollution, environmental or zoning violation, but specifically excluding any such
ordinance of Buyer, as to which Buyer has knowledge at least equal to that of Seller.
(c) Seller has not received any written notice of any condemnation or eminent
domain proceedings, or negotiations for purchase in lieu of condemnation, relating to the
Property, or any portion thereof, and Seller has no actual knowledge that any
condemnation or eminent domain proceedings have been commenced or threatened in
connection with the Property or any portion thereof.
4
(d) (1) To Seller's knowledge, the Property (A) is not subject to any private
or governmental lien or judicial or administrative notice, order or action relating to
Hazardous Substances or environmental problems, impairments or liabilities with respect
to the Property, and (B) to Seller's knowledge, neither Seller nor the Property is in, or
with any applicable notice and/or lapse of time, and/or failure to take certain curative or
remedial actions, will be in, violation of any Environmental Laws (as herein defined).
(2) Seller shall not, prior to Closing, cause or acquiesce in any Hazardous
Substances to exist or be stored, generated, used, located, discharged, released, possessed,
managed, processed or otherwise handled on the Property in violation of any
Environmental Laws, and shall comply with all Environmental Laws affecting the
Property.
(3) Seller shall promptly notify Buyer should Seller become aware of (A)
any environmental problem or liability with respect to the Property, (B) any lien, order,
action or notice of the nature described in subparagraph (1) above, or (C) any litigation or
threat of litigation relating to any alleged unauthorized release, discharge, generation,
use, storage or processing of any Hazardous Substance or the existence of any Hazardous
Substance or other environmental contamination, liability or problem with respect to or
arising out of or in connection with the Property.
As used herein, "Hazardous Substances" means any matter giving rise to liability under
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et sea., the
Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
Sections 9601 et seq. (including the so- called "Superfund" amendments thereto), or other
applicable federal, state or local statute, law, ordinance, rule or regulation governing or
pertaining to any hazardous substances, hazardous wastes, chemicals or other materials,
including without limitation asbestos, polychlorinated biphenyls, radon, petroleum and
any derivative thereof, or any common law theory based on nuisance or strict liability (all
of the foregoing statutes, laws, ordinances, rules, regulations and common law theories
are sometimes collectively referred to as "Environmental Laws ").
(e) No litigation or proceedings are pending or, to Seller's knowledge,
contemplated, threatened or anticipated, relating to the Property or any portion thereof.
(f) Seller has no knowledge of any unrecorded agreements, undertakings or
restrictions which affect the Property. There are no other tenants, persons or entities
occupying any portion of the Property, and to Seller's knowledge no claim exists against
any portion of the Property by reason of adverse possession or prescription.
(g) To Seller's knowledge (i) there is no obligation with respect to the
Property for any assessment, annexation fee, payment, donation or the like (other than
general real estate taxes); (ii) there are no obligations in connection with the Property of
any so- called "recapture agreement" involving refund for sewer extension, oversizing
utility, lighting or like expense or charge for work or services done upon or relating to the
Property or otherwise; and (iii) there is no unexecuted paving agreement or undertaking
with any govermnent agency respecting construction of any acceleration or de-
acceleration lane, access, or street lighting.
E
(h) Seller warrants that there has been no labor or material furnished to the
Property on behalf of or at the request of Seller in the past 120 days for which payment
has not been made. Seller warrants that there are no present violations of any private
contractual restrictions relating to the use or improvement of the Property.
If, prior to the Closing Date, Seller obtains knowledge of a fact or circumstance the existence of
which would constitute a breach by Seller of its representations and warranties hereunder or
would render any such representations and warranties materially untrue or incorrect, Seller shall
promptly notify Buyer in writing of the same. Under said circumstances, and in addition to any
other right or remedy that may be available to Buyer, Buyer, at its option, may terminate this
Agreement by notice to Seller prior to completion of the Closing. If Buyer timely gives such
notice, neither Seller nor Buyer shall have any further rights or obligations under this Agreement
except for the Surviving Obligations, and the earnest money paid herein shall be refunded to
Buyer.
All representations, warranties, covenants, indemnities and undertakings made herein shall be
deemed remade as of the Closing Date, shall be true and correct as of the Closing Date, shall be
deemed to be material and to have been relied upon by Buyer notwithstanding any investigation
or other act of Buyer heretofore or hereafter made, and shall survive for a period of twelve (12)
months after the Closing Date.
10. POSSESSION. Seller shall deliver possession of the Property not later than the
Closing Date.
11. EXAMINATION OF TITLE. Title examination will be conducted as follows:
A. Seller's Title Evidence. Buyer may obtain, at its cost, a commitment (the
"Title Commitment ") for an ALTA Form B Owner's Policy of Title Insurance,
certified to date to include proper searches covering bankruptcies, State and
Federal judgments and liens, issued by a title insurance company acceptable to
Buyer in its reasonable judgment, committing the title insurer to insure Buyer's
title to the Property deleting standard exceptions and including affirmative
insurance regarding zoning, contiguity, appurtenant easements and such other
matters as may be identified by Buyer, with policy limits in the amount of the
Purchase Price.
B. Buyer's Objections. Buyer shall be allowed thirty (30) business days after
receipt of the Title Commitment for examination of title and making any
objections, which shall be made in writing or deemed waived.
12. TITLE CORRECTIONS AND REMEDIES. Within five (5) business days
after its receipt of Buyer's written title objections, Seller shall notify Buyer of Seller's intention
as to making the title marketable. Liens or encumbrances for liquidated amounts which can be
released by payment or escrow from proceeds of Closing shall not delay the Closing and need
not be timely objected to by Buyer. Cure of the defects by Seller shall be reasonable, diligent,
and prompt. Pending correction of title, all payments required herein and the Closing shall be
postponed.
6
A. If notice is given and Seller elects not to make the title marketable,
Seller shall so notify Buyer of its intention. Upon receipt by Buyer of Seller's
notification that it has elected not to make title marketable, Buyer shall have the
right to waive its objections to title or make the title marketable, at its sole cost,
and shall notify Seller of its intentions within ten (10) days of receipt of Seller's
notification. Upon Buyer making title marketable, the Closing shall proceed on a
date subsequent to title being made marketable by Buyer and mutually agreed to
between the parties. If neither party elects to make title marketable, this
Agreement shall immediately and automatically terminate, and any and all earnest
money shall be promptly refunded to Buyer.
B. If notice is given and Seller makes title marketable within thirty (30) days
after Seller's receipt of Buyer's title objections, then upon presentation to Buyer
of documentation establishing that title has been made marketable, and if not
objected to in the same time and manner as the original title objections, the
Closing shall take place within ten (10) business days or on the scheduled Closing
Date, whichever is later.
C. If title is marketable, or is made marketable as provided herein, and Buyer
defaults in any of the agreements herein, Seller may, as its sole remedy, cancel
this Agreement as provided by statute and retain the earnest money paid herein as
liquidated damages.
D. If title is marketable, or is made marketable as provided herein, and Seller
defaults in any of the agreements herein, Buyer may cancel this Agreement, at
which time the earnest money paid herein shall be refunded to Buyer, or may sue
Seller for specific perfonnance or for damages for breach of this Agreement and
its costs and reasonable attorneys' fees, provided such action is commenced not
later than six (6) months after such cause of action arose.
TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT.
13. NOTICES. All communications, demands, notices or objections permitted or
required to be given or served under this Agreement shall be in writing and, except as otherwise
expressly provided in this Agreement, shall be deemed to have been duly given or served on the
earliest to occur of when delivered in person to the other party or its duly authorized agent; or
one (1) business day after delivery to a same -day or overnight prepaid courier service; or two (2)
business days after deposit with the United States Postal Service, postage prepaid, certified or
registered mail, return receipt requested, in each case addressed to the other party at the address
set forth at the beginning of this Agreement. Either party may change its address by giving at
least ten (10) days' notice of such change to the other party.
14. WAIVER. The parties may waive any provision of this Agreement only by a
writing executed by the party or parties against whom the waiver is sought to be enforced. No
failure or delay in exercising any right or remedy or in requiring the satisfaction of any condition
under this Agreement, and no act, omission, or course of dealing between the parties, operates as
7
a waiver or estoppel of any right, remedy, or condition. A waiver once given is not to be
construed as a waiver on any future occasion or against any other person or entity.
15. AMENDMENT. The parties may amend this Agreement only by a written
agreement of the parties that identifies itself as an amendment to this Agreement.
16. COUNTERPARTS. The parties may execute this Agreement in multiple
counterparts, each of which constitutes an original, and all of which, collectively, constitute only
one agreement. The signatures of all of the parties need not appear on the same counterpart, and
delivery of an executed counterpart signature page by facsimile is as effective as executing and
delivering this Agreement in the presence of the other parties to this Agreement. This
Agreement is effective upon delivery of one executed counterpart from each party to the other
parties. In proving this Agreement, a party must produce or account only for the executed
counterpart of the party to be charged. Any party delivering an executed counterpart of this
Agreement by facsimile shall also deliver a manually executed counterpart of this Agreement,
but the failure to do so does not affect the validity, enforceability, or binding effect of this
Agreement.
17. SUCCESSORS OR ASSIGNS. The terms, conditions, covenants, and
agreements of this Agreement extend to and are binding upon Seller, Buyer, and their respective
heirs, administrators, executors, legal representatives and permitted successors, subtenants, and
assigns, if any, and upon any person or entity coming into ownership or possession of any
interest in the Property by operation of law or otherwise.
18. THIRD -PARTY BENEFICIARIES. This Agreement does not and is not
intended to confer any rights or remedies upon any person or legal entity other than the
signatories.
19. WAIVER OF JURY TRIAL. EACH PARTY KNOWINGLY,
VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY
JURY TO THE EXTENT PERMITTED BY LAW IN ANY ACTION OR OTHER
LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT
AND THE TRANSACTIONS IT CONTEMPLATES. THIS WAIVER APPLIES TO ANY
ACTION OR OTHER LEGAL PROCEEDING, WHETHER SOUNDING IN
CONTRACT, TORT, OR OTHERWISE. EACH PARTY ACKNOWLEDGES THAT IT
HAS RECEIVED, OR HAS HAD THE OPPORTUNITY TO RECEIVE THE ADVICE
OF COMPETENT COUNSEL RELATIVE TO THIS TRANSACTION.
20. MINNESOTA LAW. This contract shall be governed by the laws of the State of
Minnesota.
3
The undersigned agrees to sell the Property for
the Purchase Price and on the terms and
conditions set forth above
SELLER:
Richard Aasness
n
Donna AasAvs
9
The City of Andover agrees to buy the
Property for the Purchase Price and on the
terms and conditions set forth above
BUYER:
THE CITY OF ANDOVER
By:
Its: Mayor
By:
Its:
City Clerk
PERMANENT WATER MAIN EASEMENT
KNOW ALL MEN BY THESE PRESENTS, for valuable consideration, Richard O.
Aasness and Donna R. Aasness, husband and wife, collectively referred to herein as Grantor,
hereby grants, sells, and conveys to the City of Andover, a Minnesota municipal corporation,
Grantee, a permanent water main easement including, without limitation, the construction,
maintenance, and repair thereof, and uses incident thereto, in, under, over and upon the real
property, in Anoka County, Minnesota described as follows:
See attached Exhibit A
Further, the right is hereby granted to the Grantee to remove trees, brush, undergrowth and other
obstructions interfering with the location, construction and maintenance of the easement.
Grantor covenants that it is the owner of the easement area and has the right, title, capacity and
authority to grant the easement described above and enter into this Easement Agreement.
Grantor will not be responsible for any costs associated with the easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands this %R day of
2013.
A�
Richard O. Aasness
Donna R. Aasnes
Total Consideration: One and 00 /100 Dollars (S1.00).
State Deed Tax Due: None
N
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this AZday o • ,
2013, by Richard O. Aasness and Donna R. Aasness, husband and wife, who hav cau d these
presents to be executed or have set their hands the day and year first above writ n.
Bfl�WDA L F!LO£� 1
Plotary ►'ub!ic
A9inno;sota
Z.rran rn asnu%r, 31 7411 Notary Public
NOTICE IS HEREBY GIVEN that the City of Andover, a Minnesota municipal corporation,
has accepted on , 2013, the above described easement in this document.
Dated: 2013 By:
Dated: , 2013 By:
THIS INSTRUMENT WAS DRAFTED BY:
Hawkins & Baumgartner, P.A.
2140 Fourth Avenue North
Anoka, Minnesota 55303
Telephone: (763) 427 -8877
11
CITY OF ANDOVER
Mayor
City Clerk
EXHIBIT A
(to Permanent Water Main Easement)
A 20.00 foot wide permanent easement for water main purpose over under and across the
Northeast Quarter of the Northwest Quarter of Section 14, Township 32, Range 24,
Anoka County, Minnesota, lying northerly of the south 16.50 feet thereof. The centerline
of said easement is described as follows:
Beginning at a point on the south line of the above described property 80.00 feet east of,
as measured along said south line from the southwest corner of the above said property;
thence northeasterly to a point on the east line of said Northeast Quarter of the Northwest
Quarter a distance 11.17 feet south of the northeast corner of the above said property as
measured along the east line thereof.
Area of easement = 41,801 square feet or 0.960 acres
12
PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement (this "Agreement ") is made on September
12, 2013, by and between Richard Aasness and Donna Aasness, husband and wife, (collectively
referred to herein as "Seller "), having addresses for notices of 16425 Hanson Boulevard NW,
Andover, Mn 55304, and City of Andover ( "Buyer "), a Minnesota municipal corporation having
an address for notices of 1685 Crosstown Boulevard, N.W., Andover, MN 55304.
2. OFFER/ACCEPTANCE. Subject to the terms and conditions of this
Agreement, Buyer agrees to purchase and Seller agrees to sell land located in the City of
Andover, County of Anoka, State of Minnesota, legally described below to preserve the land as
open space in accordance with the bond referendum approved by Andover residents in 2006 and
Minnesota Statutes, Chapter 475.
' WGRUi1
The south 662.79 feet of that part of the Northeast Quarter of the Northwest Quarter of Section
14, Township 32, Range 24, Anoka County Minnesota lying northerly of the south 16.50 feet
thereof.
PARCEL2
The south 163.68 feet of that part of the Northwest Quarter of the Northwest Quarter of Section
14, Township 32, Range 24, Anoka County, Minnesota, lying east of the west 673.09 feet
thereof.
I'a:4741191
That part of the west 673.09 feet of the South Half of the South Half of the Northwest Quarter of
Section 14, Township 32, Range 24, Anoka County, Minnesota, lying southerly of the following
described line and its extensions:
Beginning at the northeast corner of west 673.09 feet of the south 163.70 feet of said Northwest
Quarter of the Northwest Quarter; thence northwesterly to the Northwest corner of said South
Half of the South Half of the Northwest Quarter of the Northwest Quarter and said line there
terminating.
Area of Parcel 1 = 849,404 sq. ft. or 19.50 acres
Area of Parcel 2 = 104,980 sq. ft. or 2.41 acres
Area of Parcel 3 — 166,189 sq. ft. or 3.82 acres
(the "Property "). This Offer and Acceptance is further subject to there being placed upon the
deed such restrictive language so as to acknowledge that the Property shall only be used as Open
Space.
3. PRICE AND TERMS. The purchase price for the Property (the "Purchase
Price ") shall be Two Hundred Eighty Four Thousand Six Hundred and Fifty Dollars
($284,650.00), which Buyer shall pay as follows: Earnest money of Two Thousand Five
Hundred and no /100 Dollars ($2,500.00) by check, receipt of which is hereby acknowledged,
and Two Hundred And Eighty -Two Thousand and One Hundred and Fifty Dollars ($282,150.00)
in cash or other immediately available funds, on the "Closing Date" (defined below).
4. CONTINGENCIES TO BUYER'S OBLIGATION TO PURCHASE THE
PROPERTY. Buyer's obligation to purchase the Property is contingent upon satisfaction, or
waiver by Buyer, of each of the following conditions. If Buyer so notifies Seller that any such
contingency to Buyer's obligation to purchase the Property has not been satisfied, the earnest
money paid herein shall be refunded to Buyer and neither Seller nor Buyer shall have any further
rights or obligations under this Agreement except for obligations (the "Surviving Obligations ")
which expressly survive the termination of this Agreement or the Closing.
(a) Buyer shall be completely satisfied, in Buyer's sole discretion, with the
environmental and soil conditions of the Property. Seller hereby authorizes Buyer, at
Buyer's sole risk, to enter the Property to conduct investigations and testing of the
Property. Buyer shall indemnify and hold Seller harmless from all loss, cost, damage and
expense (including court costs and reasonable attorney's fees) that Seller may suffer or
incur as a result of Buyer's entry onto and investigation and testing of the Property, and
Buyer's obligation under this sentence shall be a Surviving Obligation.
(b) Buyer shall have determined that roads, easements, driveways, utilities,
points of access and other infrastructure serving the Property will be adequate for Buyer's
purposes, as determined by Buyer in Buyer's sole discretion.
(c) Buyer shall be satisfied with the matters disclosed by any survey of the
Property obtained by Buyer at Buyer's expense.
(d) Seller shall provide a clean title to Buyer, lien, judgment and mortgage
free.
(e) Seller shall provide a permanent water main easement in favor of Buyer in
a form in substantial conformity with that attached hereto as Exhibit A.
(f) The representations and warranties made by Seller in Section 11 shall be
correct as of the Closing Date with the same force and effect as if such representations
were made at such time.
5. CONTINGENCY TO SELLER'S OBLIGATION TO SELL THE
PROPERTY._ Seller's obligation to sell the Property is contingent upon the closing occurring
on or before November 15, 2013. If the closing does not occur on or before November 15, 2013,
through no fault of the Seller, then the Purchase Agreement shall be considered null and void and
the earnest money paid herein shall be refunded to Buyer, and neither Seller nor Buyer shall have
any further rights or obligations under this Agreement except for obligations (the "Surviving
Obligations ") which expressly survive the termination of this Agreement or the Closing.
2
6. CLOSING. Except as otherwise expressly provided in this Agreement, the
closing of the sale and purchase contemplated by this Agreement (the "Closing ") shall occur on
November 15, 2013 or such earlier date as shall be mutually acceptable to Seller and Buyer (the
"Closing Date "). The Closing shall occur at 10:00 a.m., or such other time as shall be mutually
acceptable to Seller and Buyer, at such location as shall be mutually acceptable to Seller and
Buyer.
At the Closing, and subject to performance by Buyer, Seller shall execute in recordable
form and deliver a Warranty Deed (the "Deed ") to the Property, conveying marketable title to the
Property subject only to the "Permitted Exceptions" (defined below), and shall execute and
deliver such other and further documents as reasonably shall be required to consummate the
transaction contemplated by this Agreement. At the Closing, and subject to performance by
Seller, Buyer shall pay the Purchase Price in cash or other immediately available funds, and shall
execute and deliver such documents as reasonably shall be required to consummate the
transaction contemplated by this Agreement.
At the Closing, Seller and Buyer shall pay their own share of any closing fee charged by
Title. With respect to all other costs, each party shall pay its share of the Closing costs which are
normally assessed against a seller or buyer, as the case may be, except as otherwise provided
below. Seller shall pay: state deed tax and any conservation fee on the Deed, and the cost of
recording any document necessary to cure any title objection or otherwise place good and
marketable title, subject to the Permitted Exceptions, in Buyer. Buyer shall pay all other
document recording fees and conservation fees, and mortgage registry tax, recording fees and
any conservation fee on any financing documents required by Buyer's lender, if any.
For purposes of this Agreement, "Permitted Exceptions" include:
A. Building and zoning laws, ordinances, state and federal regulations;
B. Reservation of any mineral rights by the State of Minnesota;
C. Utility and drainage easements which do not interfere with Buyer's intended use
of the Property;
D. Public roads upon and County ditches across the Property; and
E. Any other matter disclosed by the Title Commitment and not timely and
effectively objected to by Buyer.
7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes
due and payable in and for the year of Closing shall be prorated between Seller and Buyer on a
calendar year basis to the actual Closing Date. Seller shall pay on the Closing Date all
delinquent real estate taxes and all special assessments levied against or pending for the Property
as of the Closing Date. Buyer shall pay real estate taxes due and payable in the year following
Closing and thereafter, and any special assessments levied and payable after the Closing Date.
Seller makes no representation concerning the amount of future real estate taxes or of future
special assessments.
3
8. SELLER'S OBLIGATIONS. Seller shall provide a water main easement in
favor of Buyer in a form in substantial conformity with that attached hereto as Exhibit A. Seller
warrants that there has been no labor or material furnished to the Property on behalf of or at the
request of Seller in the past 120 days for which payment has not been made. Seller warrants that
there are no present violations of any private contractual restrictions relating to the use or
improvement of the Property. These warranties shall survive the Closing.
9. CONDITION OF PROPERTY. Seller shall remove from the Property before
the completion of the Closing all debris and personal property not included in the sale of the
Property.
10. BROKERAGE. Buyer and Seller represent that neither party is represented by a
real estate agent or broker and no brokerage commissions are due any third parties as a result of
this transaction.
11. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents
and warrants to and covenants with Buyer that:
(a) Seller is the owner of fee simple title to the Property; Seller has the power
and authority to enter into and perform the terms and conditions of this Agreement, and
such performance will not conflict with or result in a breach of any of the terms,
conditions or provisions of any agreement or instrument to which Seller is a party or by
which it is bound, or constitute a default under any of the foregoing; and this Agreement
is valid, binding and enforceable against Seller in accordance with its terms.
(b) Seller has not received any notice of, and Seller is not aware of, any
violation of any law, municipal ordinance or other governmental requirement affecting
the Property, including without limitation any notice of any fire, health, safety, building,
pollution, environmental or zoning violation, but specifically excluding any such
ordinance of Buyer, as to which Buyer has knowledge at least equal to that of Seller.
(c) Seller has not received any written notice of any condemnation or eminent
domain proceedings, or negotiations for purchase in lieu of condemnation, relating to the
Property, or any portion thereof; and Seller has no actual knowledge that any
condemnation or eminent domain proceedings have been commenced or threatened in
connection with the Property or any portion thereof.
(d) (1) To Seller's knowledge, the Property (A) is not subject to any private
or governmental lien or judicial or administrative notice, order or action relating to
Hazardous Substances or environmental problems, impairments or liabilities with respect
to the Property, and (B) to Seller's knowledge, neither Seller nor the Property is in, or
with any applicable notice and /or lapse of time, and /or failure to take certain curative or
remedial actions, will be in, violation of any Environmental Laws (as herein defined).
(2) Seller shall not prior to Closing cause or acquiesce in any Hazardous
Substances to exist or be stored, generated, used, located, discharged, released, possessed,
managed, processed or otherwise handled on the Property in violation of any
M
Environmental Laws, and shall comply with all Environmental Laws affecting the
Property.
(3) Seller shall promptly notify Buyer should Seller become aware of (A)
any environmental problem or liability with respect to the Property, (B) any lien, order,
action or notice of the nature described in subparagraph (1) above, or (C) any litigation or
threat of litigation relating to any alleged unauthorized release, discharge, generation,
use, storage or processing of any Hazardous Substance or the existence of any Hazardous
Substance or other environmental contamination, liability or problem with respect to or
arising out of or in connection with the Property.
As used herein, "Hazardous Substances" means any matter giving rise to liability under
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the
Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
Sections 9601 et seq. (including the so- called "Superfund" amendments thereto), or other
applicable federal, state or local statute, law, ordinance, rule or regulation governing or
pertaining to any hazardous substances, hazardous wastes, chemicals or other materials,
including without limitation asbestos, polychlorinated biphenyls, radon, petroleum and
any derivative thereof, or any common law theory based on nuisance or strict liability (all
of the foregoing statutes, laws, ordinances, rules, regulations and common law theories
are sometimes collectively referred to as "Environmental Laws ").
(e) No litigation or proceedings are pending or, to Seller's knowledge,
contemplated, threatened or anticipated, relating to the Property or any portion thereof.
(0 Seller has no knowledge of any unrecorded agreements, undertakings or
restrictions which affect the Property. There are no other tenants, persons or entities
occupying any portion of the Property, and to Seller's knowledge no claim exists against
any portion of the Property by reason of adverse possession or prescription.
(g) To Seller's knowledge (i) there is no obligation with respect to the
Property for any assessment, annexation fee, payment, donation or the like (other than
general real estate taxes); (ii) there are no obligations in connection with the Property of
any so- called "recapture agreement" involving refund for sewer extension, oversizing
utility, lighting or like expense or charge for work or services done upon or relating to the
Property or otherwise; and (iii) there is no unexecuted paving agreement or undertaking
with any government agency respecting construction of any acceleration or de-
acceleration lane, access, or street lighting.
(h) Seller does not have any reports, studies, tests, surveys or other similar
documents relating to the Property.
(i) Seller warrants that there has been no labor or material furnished to the
Property on behalf of or at the request of Seller in the past 120 days for which payment
has not been made. Seller warrants that there are no present violations of any private
contractual restrictions relating to the use or improvement of the Property.
E
If, prior to the Closing Date, Seller obtains knowledge of a fact or circumstance the existence of
which would constitute a breach by Seller of its representations and warranties hereunder or
would render any such representations and warranties materially untrue or incorrect, Seller shall
promptly notify Buyer in writing of the same. Under said circumstances, and in addition to any
other right or remedy that may be available to Buyer, Buyer, at its option, may terminate this
Agreement by notice to Seller prior to completion of the Closing. If Buyer timely gives such
notice, neither Seller nor Buyer shall have any further rights or obligations under this Agreement
except for the Surviving Obligations, and the earnest money paid herein shall be refunded to
Buyer.
All representations, warranties, covenants, indemnities and undertakings made herein shall be
deemed remade as of the Closing Date, shall be true and correct as of the Closing Date, shall be
deemed to be material and to have been relied upon by Buyer notwithstanding any investigation
or other act of Buyer heretofore or hereafter made, and shall survive for a period of twelve (12)
months after the Closing Date.
12. POSSESSION. Seller shall deliver possession of the Property not later than the
Closing Date.
13, EXAMINATION OF TITLE. Title examination will be conducted as follows:
A. Seller's Title Evidence. Buyer may obtain, at its cost, a commitment (the
"Title Commitment") for an ALTA Form B Owner's Policy of Title Insurance,
certified to date to include proper searches covering bankruptcies, State and
Federal judgments and liens, issued by a title insurance company acceptable to
Buyer in its reasonable judgment, committing the title insurer to insure Buyer's
title to the Property deleting standard exceptions and including affirmative
insurance regarding zoning, contiguity, appurtenant easements and such other
matters as may be identified by Buyer, with policy limits in the amount of the
Purchase Price.
B. Buyer's Objections. Buyer shall be allowed thirty (30) business days after
receipt of the Title Commitment for examination of title and making any
objections, which shall be made in writing or deemed waived.
14. TITLE CORRECTIONS AND REMEDIES. Within five (5) business days
after its receipt of Buyer's written title objections, Seller shall notify Buyer of Seller's intention
as to making the title marketable. Liens or encumbrances for liquidated amounts which can be
released by payment or escrow from proceeds of Closing shall not delay the Closing and need
not be timely objected to by Buyer. Cure of the defects by Seller shall be reasonable, diligent,
and prompt. Pending correction of title, all payments required herein and the Closing shall be
postponed.
A. If notice is given and Seller elects not to make the title marketable, Seller
shall so notify Buyer of its intention. Upon receipt by Buyer of Seller's
notification that it has elected not to make title marketable, Buyer shall have the
right to waive its objections to title or make the title marketable, at its sole cost,
Co
and shall notify Seller of its intentions within ten (10) days of receipt of Seller's
notification. Upon Buyer making title marketable, the Closing shall proceed on a
date subsequent to title being made marketable by Buyer and mutually agreed to
between the parties. If neither party elects to make title marketable, this
Agreement shall immediately and automatically terminate, and any and all
earnest money shall be promptly refunded to Buyer.
B. If notice is given and Seller makes title marketable within thirty (30) days
after Seller's receipt of Buyer's title objections, then upon presentation to Buyer
of documentation establishing that title has been made marketable, and if not
objected to in the same time and manner as the original title objections, the
Closing shall take place within ten (10) business days or on the scheduled Closing
Date, whichever is later.
C. If title is marketable, or is made marketable as provided herein, and Buyer
defaults in any of the agreements herein, Seller may, as its sole remedy, cancel
this Agreement as provided by statute and retain the earnest money paid herein as
liquidated damages.
D. If title is marketable, or is made marketable as provided herein, and Seller
defaults in any of the agreements herein, Buyer may cancel this Agreement, at
which time the earnest money paid herein shall be refunded to Buyer, or may sue
Seller for specific performance or for damages for breach of this Agreement and
its costs and reasonable attorneys' fees provided such action is commenced not
later than six (6) months after such cause of action arose.
TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT.
15. NOTICES. All communications, demands, notices or objections permitted or
required to be given or served under this Agreement shall be in writing and, except as otherwise
expressly provided in this Agreement, shall be deemed to have been duly given or served on the
earliest to occur of. when delivered in person to the other party or its duly authorized agent; or
one (1) business day after delivery to a same -day or overnight prepaid courier service; or two (2)
business days after deposit with the United States Postal Service, postage prepaid, certified or
registered mail, return receipt requested, in each case addressed to the other party at the address
set forth at the beginning of this Agreement. Either party may change its address by giving at
least ten (10) days' notice of such change to the other party.
16. WAIVER. The parties may waive any provision of this Agreement only by a
writing executed by the party or parties against whom the waiver is sought to be enforced. No
failure or delay in exercising any right or remedy or in requiring the satisfaction of any condition
under this Agreement, and no act, omission, or course of dealing between the parties, operates as
a waiver or estoppel of any right, remedy, or condition. A waiver once given is not to be
construed as a waiver on any future occasion or against any other person or entity.
17. AMENDMENT. The parties may amend this Agreement only by a written
agreement of the parties that identifies itself as an amendment to this Agreement.
7
18. COUNTERPARTS. The parties may execute this Agreement in multiple
counterparts, each of which constitutes an original, and all of which, collectively, constitute only
one agreement. The signatures of all of the parties need not appear on the same counterpart, and
delivery of an executed counterpart signature page by facsimile is as effective as executing and
delivering this Agreement in the presence of the other parties to this Agreement. This
Agreement is effective upon delivery of one executed counterpart from each party to the other
parties. In proving this Agreement, a party must produce or account only for the executed
counterpart of the party to be charged. Any party delivering an executed counterpart of this
Agreement by facsimile shall also deliver a manually executed counterpart of this Agreement,
but the failure to do so does not affect the validity, enforceability, or binding effect of this
Agreement.
19. SUCCESSORS OR ASSIGNS. The terms, conditions, covenants, and
agreements of this Agreement extend to and are binding upon Seller, Buyer, and their respective
heirs, administrators, executors, legal representatives and permitted successors, subtenants, and
assigns, if any, and upon any person or entity coming into ownership or possession of any
interest in the Property by operation of law or otherwise.
20. THIRD -PARTY BENEFICIARIES. This Agreement does not and is not
intended to confer any rights or remedies upon any person or legal entity other than the
signatories.
21. WAIVER OF JURY TRIAL. EACH PARTY KNOWINGLY,
VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY
JURY TO THE EXTENT PERMITTED BY LAW IN ANY ACTION OR OTHER
LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT
AND THE TRANSACTIONS IT CONTEMPLATES. THIS WAIVER APPLIES TO ANY
ACTION OR OTHER LEGAL PROCEEDING, WHETHER SOUNDING IN
CONTRACT, TORT, OR OTHERWISE. EACH PARTY ACKNOWLEDGES THAT IT
HAS RECEIVED, OR HAS HAD THE OPPORTUNITY TO RECEIVE THE ADVICE
OF COMPETENT COUNSEL RELATIVE TO THIS TRANSACTION.
22. MINNESOTA LAW. This contract shall be governed by the laws of the State of
Minnesota.
23. WELL AND FUEL TANK DISCLOSURE. Seller certifies that the Seller does
not know of any fuel tanks or wells on the Property.
24. INDIVIDUAL SEWAGE TREATMENT SYSTEM DISCLOSURE. Seller
certifies that there is not an existing individual sewage treatment system on and serving the
Property
Seller certifies that there is not an existing well serving the Property.
Buyer hereby acknowledges that the sale and purchase contemplated by this Agreement
is exempt from the disclosure requirements of Minnesota Statutes Sections 513.52 to 513.60.
8
The undersigned agrees to sell the Property for The City of Andover agrees to buy the
the Purchase Price and on the terms and Property for the Purchase Price and on the
conditions set forth above terms and conditions set forth above
SELLER:
'Richard O. Aasness
�I NcGd/L
Donna R. Aasn ss
THIS INSTRUMENT WAS DRAFTED BY:
Hawkins & Baumgartner, P.A.
2140 Fourth Avenue North
Anoka, Minnesota 55303
Telephone: (763) 427-8877
0
BUYER:
THE CITY OF ANDOVER
By:
Its: Mayor
By:
Its:
City Clerk
EXHIBIT A
PERMANENT WATER MAIN EASEMENT
KNOW ALL MEN BY THESE PRESENTS, for valuable consideration, Richard O.
Aasness and Donna R. Aasness, husband and wife, collectively referred to herein as Grantor,
hereby grants, sells, and conveys to the City of Andover, a Minnesota municipal corporation,
Grantee, a permanent water main easement including, without limitation, the construction,
maintenance, and repair thereof, and uses incident thereto, in, under, over and upon the real
property, in Anoka County, Minnesota described as follows:
A 20.00 foot wide permanent easement for water main purpose over under and across the
Northeast Quarter of the Northwest Quarter of Section 14, Township 32, Range 24,
Anoka County, Minnesota, lying northerly of the south 16.50 feet thereof. The centerline
of said easement is described as follows:
Beginning at a point on the south line of the above described property 80.00 feet east of,
as measured along said south line from the southwest corner of the above said property;
thence northeasterly to a point on the east line of said Northeast Quarter of the Northwest
Quarter a distance l l .17 feet south of the northeast corner of the above said property as
measured along the east line thereof.
Area of easement = 41,801 square feet or 0.960 acres
Further, the right is hereby granted to the Grantee to remove trees, brush, undergrowth and other
obstructions interfering with the location, construction and maintenance of the easement.
Grantor covenants that it is the owner of the easement area and has the right, title, capacity and
authority to grant the easement described above and enter into this Easement Agreement.
Grantor will not be responsible for any costs associated with the easement.
10
IN WITNESS WHEREOF, the parties have hereunto set their hands this _ day of
, 2013.
Richard O. Aasness Donna R. Aasness
Total Consideration: One and 00 /100 Dollars ($1.00).
State Deed Tax Due: None
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of ,
2013, by Richard O. Aasness and Donna R. Aasness, husband and wife, who have caused these
presents to be executed or have set their hands the day and year first above written.
Notary Public
NOTICE IS HEREBY GIVEN that the City of Andover, a Minnesota municipal corporation,
has accepted on , 2013, the above described easement in this document.
CITY OF ANDOVER
Dated: 12013 By:
Mayor
Dated: 12013 By:
City Clerk
THIS INSTRUMENT WAS DRAFTED BY:
Hawkins & Baumgartner, P.A.
2140 Fourth Avenue North
Anoka, Minnesota 55303
Telephone: (763) 427 -8877
• 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 Therapeutic Massage Establishment License/Healthyself
Therapeutic Massage /13648 Crosstown Boulevard
DATE: October 1, 2013
INTRODUCTION
0�i
Leigh Welch, Healthyself Therapeutic Massage has applied for a Therapeutic Massage
Establishment License located at 13648 Crosstown Boulevard.
DISCUSSION
Ms.Welch has completed the application, paid the appropriate fee and was approved by
the Sheriff s Office.
ACTION REQUIRED
Council is requested to consider approval of a Therapeutic Massage Establishment
License for Ms. Welch for the period of October 2, 2013 through December 31, 2013.
(
Respectfully submitted,
`,l ')
Michelle Hartner
Deputy City Clerk
Attach: License Application
li I
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
THERAPEUTIC MASSAGE ESTABLISHMENT LICENSE APPLICATION
1. Name of Applicant
2. Applicant's Date of Birth (mast be is yrs old)
3. Telephone Number of Applicant_
4. Home Address of Applicant _
5. Address of Business/Premises to be Licensed
a
6. Name of Business/Premises�?'��
7. Telephone Number for Business/Premises
8. Legal Description of Business /Premises to be
9. N me of Owner of Premises to be Licensed
r'SP -brC(R. i�,Lals
10. Address of Owner of Prernkeq m he r.;rtPnsed _ T
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. A )0
12. If the applicant is a corporation list the names, addresses and dates of birth of all
persons having a beneficial interest therein (i.e. officers, directors, stockholders).
0 ..n I ,-1., -- — 1 c 1_._1 t ,.
13. Description of services to be provided.
le;
�c
09/26/2013 08:33 7637674679 ANOKA CO SHER PATROL PAGE 06/07
The information requested in items 1 A and 9 must be provided for all owners,
lessees, operators and massagc therapists of the proposed therapeutic massage
establishment.
Insurance: Each applicant for a license shall 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 Sheriff s Department of all persons listed on the license application.
Applicant and associates In this application will strictly comply with all ordinances of
the City.1 hereby certify that 1 have read the foregoing questions and that the answers
are true of my own knowledge.
Licenses expire on December 31" of each year. Lack of payment of annual licensing
fee shall be cause fot revocation of license,
9
sipnl Applienal D0
kC I T Y 0 F
NDOVEA
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 Admini
FROM: Michelle Hartner, Deputy City Clerk
SUBJECT: Approve Used Vehicle Sales Business License /Real Auto Sales /16191
Round Lake Boulevard NW
DATE: October 1, 2013
INTRODUCTION
Roosevelt Martin, owner of Real Auto Sales has applied for a Used Vehicle Sales
Business License.
DISCUSSION
The applicant will be a tenant at the subject property and will operate a used vehicle sales
business using the facilities previously approved for Andover Auto Care. The applicant
is a state licensed used vehicle sales dealer. The appropriate application fee has been
paid.
A Condition Use Permit was approved at 16191 Round Lake Boulevard NW on
September 5, 2006. (See attached resolution R109 -06)
ACTION REQUIRED
The City Council is requested to approve the above license for the period October 2, 2013
through December 31, 2013.
Respectfully submitted,
Michelle Hartner
Deputy City Clerk
Attach: License application
Approved Resolution
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
2013 Used Vehicle Sales Business License Application
Required Documents:
• Completed Application Form
• Vehicle Sales License Fee: $105.00
• Copy of Current Photo Identification
• Copy of State Dealers License
• Workers Compensation Form
• Completed Minnesota Vehicle Dealer License Commercial Location Checklist
Person Applying For License:
First Name c u. Middle Name
11 _ . I. . i
Home Address
Last Name /VAt -,
�- 0 n
Home Phone, siness Phone 69- 0 7-y-& Fax
Date of Birtl Drivers License No.
Property Owner Information:
First Name-MA r- k, Middle Name S4-ep kt 1) Last Name A+K-; yl Sd to
Home Address �
v 1
Home Phon Business Phonel05 L(aa, 9Ct ax
If there are multiple property owners attach complete information for each owner.
Business Information:
Business Name
Business Address
Minnesota Business ID No.
le
State of Minnesota Dealership License No. :3 7 d pt
514i
A'v
I (We) agree to operate such business in accordance with the laws of Minnesota and the ordinances
of the City of Andover. The foregoing statements are true and correct to the best of my knowledge
and belief and I understand that providing false, incomplete or inaccurate information may be cause
for denial of my license. In addition, I understand the following:
Information in this application is classified as public data and will be provided to the public upon
request.
Licenses expire on December 31" of each year. Payment of annual licensing fee shall be sufficient
to renew license unless other action under the City Code is taken by the City. Lack of payment of
annual licensing fee shall be cause for revocation of license.
I understand that a background check will be conducted as a part of the application process.
9 14 -
Signature
Date
60 Day date 120 Day date
Fat or vpB�
a� MINNESOTA DEPARTMENT OF PUBLIC SAFETY
w DRIVER AND VEHICLE SERVICES
445 Minnesota Street
�4 ,ym„ so. Saint Paul, MN 55101 -5186
Phone: (651) 296 -2977 Fax: (651) 297 -1480
Web: dvs.dps.mn.gov Email: DVS.DealerQuesbon@state.mn.us
OFFICE USE ONLY
DEALER NUMBER:
DATE RECEIVED:
INITIALS:
Certification of Compliance with Minnesota Worker's Compensation Law
This certification must accompany an application for a Minnesota Motor Vehicle Dealer's License
Minnesota Statutes, section 176.182 requires every state and local licensing agency to withhold the issuance or
renewal of a license or permit to operate a business or engage in an activity in Minnesota until the applicant
certifies that they are in compliance with the workers' compensation coverage requirements outlined in section 176.
Failure to provide the following information or reporting false information will result in the denial of your license
application. Providing false information may result in a $2,000 penalty.
Insurance Information
ame of Insurance Company
Policy Number: Lags 116
Dates of Coverage: / / to
MEMMMMWE
Exemption
I am not required to have workers' compensation liability coverage because (please check one):
�<I have no employees
F I am self- insured (attach permit to self insure)
F- I have no employees who are covered by the workers' compensation law (these include: spouse, parents, children)
I certify that the information provided above is accurate and complete. I understand that if I have employees (who are
not a spouse, parent, orAild), valid workers' compensation policy will be kept in effect at all times as required by law.
Dealership Name:
Street l
City &JAAAA � State%'?N Zip 5�1-30tf_Phone:
Print name of signer: Rou5��leltk
(Signature of Owner /Officer)
PS2420 -04 (10112)
DATE:
�= a
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
DRIVER AND VEHICLE SERVICES
o, 445 Minnesota Street
Saint Paul, MN 55101 -5186
Phone: (651) 296 -2977 Fax: (651) 297 -1480
Web: dvs.dps.mn.gov Email: DVS.DealerQuestion @state.mn.us
Minnesota Vehicle Dealer License — Commercial Location Checklist
OFFICE USE ONLY
DEALER NUMBER:
DATE RECEIVED:
INITIALS:
This checklist describes (check one): Primary Location ❑ Additional Location
, (Attach a separate checklist for each location)
j�
Dealer Name: ��pJ N ` AAb Dealer Number:
Street
110
�)WL -
City �M(VOv" State M Zip rj-- -- County
3qc S5A
Commercial Building Requirement: New, Used, Salvage Pool, and Auctioneer Dealers must have a Commercial Building, which means a
permanent, enclosed building that is on a permanent foundation and is connected to local sewer and water facilities or otherwise complies with
local sanitation codes, is adapted to commercial use, and conforms to local government zoning requirements. (Minnesota Statutes, section
168.27 subdivision 1).
Commercial Office Space Requirement: Lessors, Wholesalers, and Brokers must have at least a Commercial Office Space, which means a
space occupying all or part of a commercial building. (Minnesota Statutes, section 168.27 subdivision 1).
Instructions
Check the type of dealer's license that applies
Answer T (True) or F (False) to each statement that applies to the license type you checked.
Dealership owner or officer must sign on reverse side of form.
;'neck the license type that applies to you: ❑ New Used ❑ Salvage Pool El Additional Location E] DSB
E] spla
Diy Lot - respond to statements 2, 7 & 8 only
The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer
maintains copies of the books and records at any additional locations they may have.
2
The dealer owns the above location or leases the location (minimum one -year lease required). Please attach proof of
ownership or Verification of Property Lease - form PS2407.
3
The dealership has a separate and identifiable entrance that leads to the outdoors (See definition of commercial building
above). May include a strip mall or commercial garage building. Other entrances that lead from other areas of the building
must be closed and lockable (Commercial office space within a commercial building does not meet the statutory license
requirement).
4.
The public cannot access the dealership by entering through any other business or residence that is located in the same
building as the dealership.
a.
The dealership location is enclosed with floor to ceiling walls, a door that can be shut and locked to close off the entire
�l
entrance, and is designated for exclusive use of the dealership.
6.
J(—
The dealership location has an address that is separate from any other address in the building.
7.
The dealership has a display area, either indoors or outdoors, large enough to display at least 5 vehicles. This display area
is designated for the exclusive use of the dealership and is distinguished from any other business' inventory.
8.
The dealership has a sign outside of the commercial building, in a public area that identifies the dealership.
The sign must be in letters that contrast sharply in color with the sign background.
If the sign is on a commercial building or a display area, it must be readily legible during daylight hours from the
nearest road or street.
If the dealer's display area is not adjacent to the dealer's commercial building, the sign at the display area must also
indicate where the commercial building is located.
9•
J —
The dealership's normal business hours are conspicuously posted and readily viewable by the public.
10.
Personnel or automatic telephone answering service is available during normal business hours.
11.
�
The above location meets all local zoning requirements as indicated on the Zoning Verification Form (PS2421).
12.
(New Vehicle Dealers Only) The dealership has a facility for the repair and service of motor vehicles and the storage of
parts, not more than ten miles distance from the principal place of business.
Check the license type that applies to you: ❑ Wholesale License ❑ Lessor ❑ Broker
TJF
The dealer keeps a
of the books and re
The dealer owns th
Verification of Prc
The dealership IOGE
and is designated f
Personnel or auton
The above location
(Broker Only) The
in a location readii)
II books and records necessary to conduct business at the main dealership location. The dealer maintains copies
cords at any additional locations they may have.
e above location or leases. the location (minimum one -year lease required). Please attach proof of ownership or
perty Lease Form (PS2407).
ition is enclosed with floor to ceiling walls, a door that can be shut and locked to close off the entire entrance
or exclusive use of the dealership.
iatic telephone answering service is available during normal business hours.
meets all local zoning requirements as indicated on the Zoning Verification - form PS2421.
dealership has a sign, clearly identifying the broker by name and listing the business hours. The sign is posted
viewable by the public.
(Lessor Only) The - _ .... _. i h ... imacc F,nurc nra nnnsnicuously posted and readily viewable by the public.
❑ Auctioneer
a[ IF a u
❑ Limited Used Vehicle License
T/F
The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer maintains copies
of the books and records at any additional locations they may have.
The dealer owns the above location or leases the location (minimum one -year lease required). Please attach proof of ownership or
Verification of Property Lease Form (PS2407).
The dealership's normal business hours are conspicuously posted and readily viewable by the public.
Personnel or automatic telephone answering service is available during normal business hours.
This place of business meets all standards outlined above. I understand that any incorrect statement
constitutes material misrepresentation and as a result, the dealer license is subject to withdrawal.
DATE:
(signature of OwnerlOfficer)
a. Sep. 26. 2013 12:04PM
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
DRIVER AND VEHICLE SERVICES
445 Minnesota Street
��• -•� Saint Paul, MN 55101 -5186
Phone: (651) 296 -2977 Fax: (651) 297.1480
Web: dvs.dps.mn.gov Email: OVS.DealerQuestionClitate.mmus
OFFICE USE #NO. 9447..... P. I
DEALER NUMBER:
DATE RECEIVED:
INITIALS:
Verification of Property Lease
According to Minnesota Statue 168.27, Subd.10 -Place of Business, all licensees under this section (New, Used, Lessor,
Wholesaler, Auction, Used Limited, OSB) shall have an established place of business, which shall include owned or a minimum
lease term of one year by the licensee.
Note: if Owned - Proof of Property Ownership is requlred.'Example: Property Tax Statement.
NAME OF DEALERSHIP: PA ` saes
State of Minnesota
County of:
that I am the owner of the property located at
, being first duly sworn, depose and say
o er 155 30
\ (cily) (Stale and tip Code)
and certify that 1 have leased the above property to
(Name of the Leseee/Oealer Owner)
from to
(Ef(ectire Date) (rermiaalion oats)
SIGNATURE OF PROPERTY OWNER
PS2407 -07 (02112)
DATE: /2 _
{ Signed and swom before me by
fj This b +ri day of A0
/ (Kota Public)
My commiss n expires 3
■
r
JOSEPH V. KOWAL
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan.
m
A
' MINNESOTA DEPARTMENT OF PUBLIC SAFE Y
DRIVER AND VEHICLE SERVICES
fi 445 Minnesota Street, Suite 186, St. Paul, MN 55101 -5186
Phone: (651) 296 -2977 Fax: (651) 297 -1480
Web: dvs.dps.mn.gov Email: DVS.DealerQuestion @state.mn.us
Dealer License Location /Address Change
OFFICE USE UNLY
DEALER NUMBER:
DATE RECEIVED:
INITIALS:
You must include an original bond rider that reflects the new address.
Complete and •attach a °Commercial Location Checklist Form `(PS2410) and Zoning Verification form (PS2421)
Complete and attach a Verification of Property Lease Form (PS2407) or Proof of Ownership on the, property.
There is no fee to file this application for change.
License Type - Please Check One
❑ NEW USED ❑ LESSOR ❑ WHOLESALER ❑ BROKER ❑ AUCTIONEER ❑ SALVAGE POOL ❑ LIMITED USE VEHCILE
❑ PARTS ❑ SCRAP METAL ❑ DSB
DEALER NAME: �Pa 1 , u Sale
DEALER NUMBER:
Street ' 1 '?)t3,L l' J. J A
City State mo Zip 5S3o County
Business Phone Number: Business Email:
New Loc/1a�tio�nt - Primary Sitee`\ / y
City State 0 zip 5534 County
Please check the appropriate statement:
❑ I own the above - described property.
VI lease the above- described property [Attach Verification of property Lease Form (PS2407)].
Are the books and records necessary to conduct business kept at the above - described location?
Yes ❑ No - provide explanation:
Are there additional locations? ❑ YesxNo
If yes, did you file these locations with the DVS Dealer Unit? ❑ Yes ❑ No
I certify that the above information is true and correct.
Date
(Signature of Owner/Officer)
-over -
PS2412-U5 (02112)
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
DRIVER AND VEHICLE SERVICES
445 Minnesota Street
Saint Paul, MN 551 01 -51 86
''• -...�F 4X1Yy+�
- Phone: (651) 296 -2977 Fax: (651) 297 -1480
Web: dvs.dps.mn.gov Email: DVS.DealerQuestion @state.mn.us
Minnesota Vehicle Dealer License - Zoning Verification
FFICE USE ONLY
NUMBER:
TE RECEIVED:
The Zoning Official for the jurisdiction in which the dealership resides must complete form.
Zoning District: CJf\1LP -kL 13Usl LESS
This form is for (check one)
DEALER NAME
Primary Location r Additional Location (Attach a separate Commercial
Checklist Form (PS2410) for each location)
Sa
Street
City An( .I0� e-t- Statehf� Zip 5536y County
Type of Dealer's License (Check One)
❑NEW I 6lSED ❑ LESSOR ❑D.S.B. —]WHOLESALER ❑ BROKER ❑AUCTIONEER ❑ SALVAGE POOL ❑LIMITED USE VEHICLE
Please Check Appropriate Statement:
I— This dealership is permitted use within the above zoning district for the type of business indicated
above and there are no zoning complaints or enforcement actions pending at this time.
This dealership is permitted conditional use within the above zoning district for the type of business
Indicated above and there are no zoning complaints or enforcement actions pending at this time
(Must attach a copy of the conditional use permit).
Printed Name of Zoning Authority: 5T?---pr" N� I L L• 444 N sd t-A
Zoning Authority Phone Number: -�t-o 3 `7LP-1- 5 1
�3AP.1A ; vraaa r'i_P1°Fd'r?
a ,
ncies ,�ciu° 'li, ° {P,73
Subscribed and sworn to before me this
02 S day of 20
NOTARY PUBLIC
COUNTY.
MY COMISSION EXPIRES: 5l /
4
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R109 -06
A RESOLUTION APPROVING CONDMONAL USE PERMIT FOR USED VEHICLE
SALES ON PROPERTY LOCATED AT 16191 ROUND LAKE BOULEVARD LEGALLY
DESCRIBED AS LOT 1, BLOCK 1 WESTVIEW INDUSTRIAL PARK, ANOKA COUNTY
MD,.NESOTA
WHEREAS, Joe Brabant has requested approval of a conditional use permit for used vehicle
sales on the subject property, and;
WHEREAS, the applicant has requested a variance to City Code 12 -13 -9 to allow one drive lane
for two way traffic to be less than 24 feet in width, and;
WHEREAS, the findings for the proposed variance are that the drive lane is only slightly below
the requirement at 22.26 feet in width and will be used to access parking stalls primarily for
display of vehicles for sale, and;
WHEREAS, the applicant has requested a variance to City Code 12 -13 -6 to allow less than the
required amount of trees and shrubs and a variance to City Code 12 -13 -5 to allow the parking
area not to be screened from Round Lake Boulevard, and;
WHEREAS, the Planning Commission was in favor of the variance to the width of one drive
lane and divided on whether to allow the variance to the landscaping and screening requirements,
and;
WHEREAS the Planning Commission recommended that a landscaping plan be submitted for
review by the City Council, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves used
vehicle sales on the subject properly subject to the following:
1. The applicant shall be required to obtain approval of a vehicle sales business license from
the City Council.
2. The applicant shall complete the Commercial Site Plan process with the City of Andover,
including redesign of the site to conform with all applicable sections of the City Code.
3. The applicant shall be required to submit an irrevocable letter of credit in the amount
necessary to complete the parking area, ponding and landscaping that are required for the
subject property.
4. The Landscaping Plan shall conform to the plan stamped received by the City of Andover
.August 29,2006.
Adopted by the City Council of the City of Andover on this 5t' day of September, 2006.
CITY OF.AN�DOV .R
ATTEST: chael R. Gamache, Mayor
i
Victoria Volk, City Clerk
k NT Y O F •
D(��
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator / Finance
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2013
Delinquent Utility Service Charges, Mowing Fees, Tree Removal, False Alarm Fines
and Miscellaneous Abatement Fees
DATE: October 1, 2013
INTRODUCTION
City Code Chapter 3, 10 -3 -3D; City Code Chapter 1, 10 -1 -9F; and City Code Chapter 5, 8 -5 -31)
provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service
charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees. The
assessment procedures directed by state statute 429 are being followed in preparing notice of and
preparation for a public hearing to act upon the proposed assessment.
DISCUSSION
The total delinquent utility service charges were $69,359.81 as of September 26, 2013 when written
notification to the property owners and preparation of the preliminary assessment worksheets began.
Payments received prior to the proposed hearing date of the first regularly scheduled council meeting
in November 2013, will be applied to the customers' accounts to reduce or remove the proposed
assessments from the preliminary roll. Delinquent balances as of November 8, 2013 are charged an
administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for
collection with the 2014 taxes. The list of delinquent accounts is available for viewing in the Finance
Department and Finance will be sending letters to all applicable property owners explaining the
assessment process and how and where to make payment to avoid being assessed.
The proposed hearing date will be the first regularly scheduled council meeting in November 2013.
BUDGET IMPACT
This request will assist in reducing outstanding receivables for the City.
Mayor and Council Members
October 1, 2013
Page 2 of 2
ACTION REQUESTED
The Andover City Council is requested to approve the attached resolution declaring costs and ordering
the assessment roll for the purpose of certifying the delinquent sewer, water, storm sewer, street
lighting service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement
fees. The Andover City Council is also requested to approve the attached resolution scheduling a
public hearing for the purpose of certifying the delinquent sewer, water, storm sewer, street lighting
service charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement fees.
Respectfully submitted,
�L ?4
Lee Brezinka
Attachments: Resolution Declaring Cost and Directing Preparation of Assessment Roll
Resolution for Hearing on Proposed Assessment of Delinquent Utility Charges,
Mowing Fees, Tree Removal, False Alarm Fines and Miscellaneous Abatement Fees.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT
ROLL AND SCHEDULING PUBLIC HEARING FOR THE CERTIFICATION OF
DELINQUENT UTILITY SERVICES CHARGES, MOWING FEES, TREE REMOVAL,
FALSE ALARM FINES AND MISCELLANEOUS ABATEMENT FEES
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, delinquent utility service charges, mowing fees, tree removal, false alarm
fines and miscellaneous abatement fees in the amount of $69,359.81 exist as of September 26,
2013; and
WHEREAS, City Code Chapter 3, 10 -3 -3D; City Code Chapter 1, 10 -1 -917; and City
Code Chapter 5, 8 -5 -3D provide for the collection by assessment of unpaid water, sewer, storm
sewer, street light service charges, mowing fees, tree removal, false alarm fines and
miscellaneous abatement fees respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER,
MINNESOTA:
1. The amount of the cost to be assessed against benefited property owners is declared to
be $75,307.65 plus an administrative fee of 15 %.
2. Assessment shall be payable in equal annual installments extending over a period of 1
year. The first of the installments to be payable on or before the first Monday in January 2014,
and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the
assessment resolution.
3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate
the proper amount to be assessed against every assessable lot, piece or parcel of land, without
regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed
assessment in the Clerk's office for public inspection.
1. The Clerk shall, upon the completion of such proposed assessment, notify the
Council thereof.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL;
1. A hearing shall be held the 5th day of November, 2013 at the Andover City Hall at
8:01 P.M. to pass upon such proposed assessment and at such time and place all
persons affected by such proposed assessment will be given an opportunity to be
heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to
the hearing.
3. The owner of any property so assessed may at any time prior to certification of the
assessment to the County Auditor, pay the whole assessment with no interest.
MOTION seconded by Councilmember and adopted by the City Council at a
regular meeting this 1 st day of October, 2013, with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
1.110#96W
Michael R. Gamache - Mayor
Michelle Hartner — Deputy City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka
County, Minnesota will meet at Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota on November 5, 2013 at 8:01 PM to pass upon the proposed
assessment for the improvement of delinquent sewer, water, storm water utility, street
light charges, mowing fees, tree removal, false alarm fines and miscellaneous abatement
fees in the City of Andover.
The proposed assessment roll is on file for public inspection at the City Clerk's office.
The total amount of the proposed assessment roll is $69,359.81. Written or oral
objections will be considered at the meeting. No appeal may be taken as to the amount
unless a signed, written objection is filed with the Clerk prior to the hearing or presented
to the presiding officer at the hearing. The Council may upon such notice consider any
objection to the amount of a proposed individual assessment at an adjourned meeting
upon such further notice to the affected property owner, as it deems advisable.
An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes
Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the city
within 30 days after adoption of the assessment and filing such notice with the District
Court within ten days after service upon the Mayor or Clerk.
BY ORDER OF THE CITY COUNCIL
CITY OF ANDOVER
Michelle Hartner, Deputy City Clerk
Publication Dates: October 25, 2013
November 1, 2013
)O,b
LNC I T Y 0 F qL
NDOVEA
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI. ANDOVER. MN.US
TO: Mayor and Councilmembers IN
Jim Dickinson, City Administrator
FROM: David L. Carlberg, Community
Director
SUBJECT: Public Hearing: Modification to the Development Program for
Development District No. 1 and the establishment of Tax Increment
Financing District No. 1 -6
DATE: October 1, 2013
INTRODUCTION
The City Council is requested to consider the Modification to the Development Program
for Development District No. 1 and the establishment of Tax Increment Financing
District No. 1 -6 and to conduct a public hearing accordingly.
DISCUSSION
TIF District 1 -6 is being created for the development of a 25,000 s.f. manufacturing
facility proposed by Measurement Specialties located at 1711 139th Avenue NW
(northwest corner of Hanson Boulevard NW and Jay Street NW). The assistance being
provided with the creation of TIF District 1 -6, an Economic Development District, is to
write down the cost of the land, provide financial assistance for the construction of a
methane gas protection system and to provide funding for a joint parking facility.
ACTION REQUESTED
Upon holding the public hearing, the City Council is requested to approve the attached
resolution approving the Program Modification and TIF Plan.
Respectfully submitted,
David L. Carlberg
Attachments:
Resolution
TIF District Summary — TIF 1 -6
Program Modification and TIF Plan
Council member
CITY OF ANDOVER
ANOKA COUNTY
STATE OF MINNESOTA
introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT
PROGRAM FOR DEVELOPMENT DISTRICT NO. 1; AND ESTABLISHING
TAX INCREMENT FINANCING DISTRICT NO. 1 -6 THEREIN AND
ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR.
BE IT RESOLVED by the City Council (the "Council ") of the City of Andover, Minnesota (the
"City "), as follows:
Section 1. Recitals.
1.01. The Board of Commissioners of the Andover Economic Development Authority (the
"EDA ") has heretofore established Development District No. 1 and adopted the Development Program
therefor. It has been proposed by the EDA and the City that the City adopt a Modification to the
Development Program (the "Development Program Modification ") for Development District No. 1 (the
"Project Area ") and establish Tax Increment Financing District No. 1 -6 (the "District ") therein and adopt
a Tax Increment Financing Plan (the "TIF Plan ") therefor (the Development Program Modification and
the TIF Plan are referred to collectively herein as the "Program and Plan"); all pursuant to and in
conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082 and Sections
469.174 to 469.1794, all inclusive, as amended, (the "Act ") all as reflected in the Program and Plan, and
presented for the Council's consideration.
1.02. The EDA and City have investigated the facts relating to the Program and Plan and have
caused the Program and Plan to be prepared.
1.03. The EDA and City have performed all actions required by law to be performed prior to
the establishment of the District and the adoption and approval of the proposed Program and Plan,
including, but not limited to, notification of Anoka County and Independent School District No. 11
having taxing jurisdiction over the property to be included in the District, a review of and written
comment on the Program and Plan by the City Planning Commission on September 10, 2013, approval of
the Program and Plan by the EDA on October 1, 2013, and the holding of a public hearing upon published
notice as required by law.
1.04. Certain written reports (the "Reports ") relating to the Program and Plan and to the
activities contemplated therein have heretofore been prepared by staff and consultants and submitted to
the Council and/or made a part of the City files and proceedings on the Program and Plan. The Reports
include data, information and/or substantiation constituting or relating to the basis for the other findings
and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports,
which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set
forth in full herein.
1.05 The Council recognizes that, pursuant to Minnesota Statutes, Section 469.177, Subd. 3,
clause b, there is a mandatory fiscal disparities contribution for the District, an economic development
district.
1.06. The City is not modifying the boundaries of the Project Area, but is however, modifying
the Development Program therefor.
Section 2. Findings for the Adoption and Approval of the Development Program Modification.
2.01. The Council approves the Development Program Modification, and specifically finds
that: (a) the land within the Project area would not be available for redevelopment without the financial
aid to be sought under this Development Program; (b) the Development Program, as modified, will afford
maximum opportunity, consistent with the needs of the City as a whole, for the development of the
Project by private enterprise; and (c) that the Development Program, as modified, conforms to the general
plan for the development of the City as a whole.
Section 3. Findings for the Establishment of Tax Increment Financing District No. 1 -6.
3.01. The Council hereby finds that the District is in the public interest and is an "economic
development district" under Minnesota Statutes, Section 469.174, Subd. 12 of the Act.
3.02. The Council further finds that the proposed development would not occur solely through
private investment within the reasonably foreseeable future and that the increased market value of the site
that could reasonably be expected to occur without the use of tax increment financing would be less than
the increase in the market value estimated to result from the proposed development after subtracting the
present value of the projected tax increments for the maximum duration of the District permitted by the
Tax Increment Financing Plan, that the Program and Plan conform to the general plan for the
development or redevelopment of the City as a whole; and that the Program and Plan will afford
maximum opportunity consistent with the sound needs of the City as a whole, for the redevelopment or
development of the District by private enterprise.
3.03. The Council further finds, declares and determines that the City made the above findings
stated in this Section and has set forth the reasons and supporting facts for each determination in writing,
attached hereto as Exhibit A.
Section 4. Public Pumose
4.01. The adoption of the Program and Plan conforms in all respects to the requirements of the
Act and will result in increased employment in the state and will result in preservation and enhancement
of the tax base of the State and thereby serves a public purpose. For the reasons described in Exhibit A,
the City believes these benefits directly derive from the tax increment assistance provided under the TIF
Plan. A private developer will receive only the assistance needed to make this development financially
feasible. As such, any private benefits received by a developer are incidental and do not outweigh the
primary public benefits.
Section 5. Approval and Adoption of the Program and Plan.
5.01. The Program and Plan, as presented to the Council on this date, including without
limitation the findings and statements of objectives contained therein, are hereby approved, ratified,
established, and adopted and shall be placed on file in the office of the City Administrator.
5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to
proceed with the implementation of the Program and Plan and to negotiate, draft, prepare and present to
this Council for its consideration all further plans, resolutions, documents and contracts necessary for this
purpose.
5.03 The Auditor of Anoka County is requested to certify the original net tax capacity of the
District, as described in the Program and Plan, and to certify in each year thereafter the amount by which
the original net tax capacity has increased or decreased; and the Andover Economic Development
Authority is authorized and directed to forthwith transmit this request to the County Auditor in such form
and content as the Auditor may specify, together with a list of all properties within the District, for which
building permits have been issued during the IS months immediately preceding the adoption of this
resolution.
5.04. The City Administrator is further authorized and directed to file a copy of the Program
and Plan with the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota
Statutes 469.175, Subd. 4a.
The motion for the adoption of the foregoing resolution was duly seconded by Council member
, and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Dated: October 1, 2013
Mike Gamache, Mayor
(Seal)
ATTEST:
Jim Dickinson, City Administrator
EXHIBIT A
RESOLUTION NO.
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax
Increment Financing District No. 1 -6 as required pursuant to M.S., Section 469.175, Subd. 3 are as follows:
1. Finding that the Tax Increment Financing District No. 1 -6 is an economic development district as defined
in M.S., Section 469.174, Subd. 12.
Tax Increment Financing District No. 1 -6 is a contiguous geographic area within the City's Development
District No. 1, delineated in the TIF Plan, for the purpose of financing economic development in the City
through the use of tax increment. The District is in the public interest because it will facilitate the
construction of a 25,000 square foot light manufacturing facility in the City which will discourage
commerce, industry, or manufacturing from moving their operations to another state or municipality; it will
increase employment in the state, and preserve and enhance the tax base of the State.
2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be
expected to occur solely through private investment within the reasonably foreseeable future and that the
increased market value of the site that could reasonably be expected to occur without the use of tax
increment financing would be less than the increase in the market value estimated to result from the
proposed development after subtracting the present value of the projected tax increments for the maximum
duration of Tax Increment Financing District No. 1 -6 permitted by the TIF Plan.
The proposed development, in the opinion of the City, would not reasonably be expected to occur solely
through private investment within the reasonably foreseeable future: This finding is supported by the fact
that the land is not the most desired site for development due to its proximity to a land fill. In addition, it is
encumbered by easements for environmental concerns, thus reducing the buildable land area. In addition,
the proposed development of a 25,000 square foot light manufacturing facility meets the City's objectives
for economic development. The cost of land acquisition, site and public improvements, utilities and the
above noted location and easement issues makes development of the facility infeasible without City
assistance. The developer was asked for and provided a letter as justification that the developer would not
have gone forward without tax increment assistance.
The increased market value of the site that could reasonably be expected to occur without the use of tax
increment financing would be less than the increase in market value estimated to result from the proposed
development after subtracting the present value of the projected tax increments for the maximum duration
of the TIF District permitted by the TIF Plan: The City supported this finding on the grounds that the cost
of land acquisition, site and public improvements and utilities add to the total development cost. This site
has been marketed for at least 12 years without success. The City reasonably determines that no other
development of similar scope is anticipated on this site without substantially similar assistance being
provided to the development.
Therefore, the City concludes as follows:
a. The City's estimate of the amount by which the market value of the entire District will increase without
the use of tax increment financing is $0.
b. If the proposed development occurs, the total increase in market value will be $1,510,100.
c. The present value of tax increments from the District for the maximum duration of the district permitted
by the TIF Plan is estimated to be $183,371.
d. Even if some development other than the proposed development were to occur, the Council finds that no
alternative would occur that would produce a market value increase greater than $1,326,729 (the
amount in clause b less the amount in clause c) without tax increment assistance.
3. Finding that the TIF Plan for Tax Increment Financing District No. 1 -6 conforms to the general plan for
the development or redevelopment of the municipality as a whole.
The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general
development plan of the City.
4. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 will afford
maximum opportunity, consistent with the sound needs of the City as a whole, for the development of
Development District No. I by private enterprise.
The project to be assisted by the District will result in increased employment in the City and the State of
Minnesota, increased tax base of the State, and add a high quality development to the City.
Tax Increment Financing District Overview
City of Andover
Tax Increment Financing District No. 1 -6
The following summary contains an overview of the basic elements of the Tax Increment Financing Plan
for Tax Increment Financing District No. 1 -6. More detailed information on each of these topics can be
found in the complete Tax Increment Financing Plan.
Proposed action: Establishment of Tax Increment Financing District No. 1 -6 (the "District ")
and the adoption of a Tax Increment Financing Plan (the "TIF Plan ").
Modification to the Development Program for Development District No. 1
includes the establishment of Tax Increment Financing District No. 1 -6,
which represents a continuation of the goals and objectives set forth in the
Development Program for Development District No. 1.
Type of TIF District: An economic development district
Parcel Numbers: 34- 32 -24 -11 -0004
34- 32 -24 -11 -0005
Proposed The District is being created to facilitate the construction of a 25,000 square
Development: foot light manufacturing facility for Measurement Specialties. Please see
Appendix A of the TIF Plan for a more detailed project description.
Maximum duration: The duration of the District will be 8 years from the date of receipt of the first
increment (9 years of increment). The date of receipt by the City of the first
tax increment is expected to be 2016. It is estimated that the District,
including any modifications of the TIF Plan for subsequent phases or other
changes, would terminate after December 31, 2024, or when the TIF Plan is
satisfied.
Estimated annual tax Up to $37,977
increment:
EHLERS
LEADERS IN PUBLIC FINANCE
Authorized uses: The TIF Plan contains a budget that authorizes the maximum amount that
may be expended:
Land/Building Acquisition ..................... ............................... $110,000
Site Improvements / Preparation ................ ............................... $40,000
Utilities..................................................... ............................... $25,000
Other Qualifying Improvements .............. ............................... $15,361
Administrative Costs (up to 10 %) ............ ............................... $25,920
PROJECT COSTS TOTAL ................... ............................... $216,281
Interest...................................................... ............................... 43
PROJECT COSTS TOTAL ................ ............................... $285,124
See Subsection 2 -10, on page 2 -5 of the TIF Plan for the full budget
authorization.
Form of financing: The project is proposed to be financed by an interfund loan and pay- as -you-
go note.
Administrative fee: Up to 10% of annual increment, if costs are justified.
Interfund Loan The City will be approving an interfund loan for up to $452,100 from TIF
Requirement: District 1 -1, 1 -2 or the City's General Fund to pay for costs related to public
improvements for a parking lot, land write down and administrative costs.
4 Year Activity Rule After four years from the date of certification of the District one of the
(§ 469.176 Subd. 6) following activities must have been commenced on each parcel in the District:
• Demolition
• Rehabilitation
• Renovation
• Other site preparation (not including utility services such as sewer and
water)
If the activity has not been started by approximately October 2017, no
additional tax increment may be taken from that parcel until the
commencement of a qualifying activity.
The reasons and facts supporting the findings for the adoption of the TIF Plan for the District, as required
pursuant to M.S., Section 469.175, Subd. 3, are included in Exhibit A of the City resolution.
Page 2
IV EDH L E RS
LEA IN PUBLIC FINANCE
MAP OF REDEVELOPMENT PROJECT NO. 1 AND
TAX INCREMENT FINANCING DISTRICT NO. 1 -6
6WF
Incorporated TIF DISTRICT 1 -6
1974
ANDOVER DEVELOPMENT DISTRICT 1
TIF DISTRICT 1 -6 w�E
s
As of September 17, 2013
Draft for Public Hearing
Modification to the Development Program
for Development District No. 1
and the
Tax Increment Financing Plan
for the establishment of
Tax Increment Financing District No. 1 -6
(an economic development district)
1L"A K o r,
Development District No. 1
Andover Economic Development Authority
City of Andover
Anoka County
State of Minnesota
Public Hearing: October 1, 2013
Adopted:
40 FREERS
Prepared by: EHLERS & ASSOCIATES, INC.
3060 Centre Pointe Drive, Roseville, Minnesota 55113 -1105
651 - 697 -8500 fax: 651- 697 -8555 www.ehlers- inc.com
Table of Contents
(for reference purposes only)
Section 1 - Modification to the Development Program
for Development District No. 1 .............. ............................... 1 -1
Foreword.............................. ............................... 1 -1
Section 2 - Tax Increment Financing Plan
for Tax Increment
Financing District No. 1 -6 ... ...............................
2 -1
Subsection 2 -1.
Foreword ................ ...............................
2 -1
Subsection 2 -2.
Statutory Authority ......... ...............................
2 -1
Subsection 2 -3.
Statement of Objectives .... ...............................
2 -1
Subsection 2 -4.
Development Program Overview ............................
2 -1
Subsection 2 -5.
Description of Property in the District and Property To Be Acquired .
2 -2
Subsection 2 -6.
Classification of the District .. ...............................
2 -2
Subsection 2 -7.
Duration and First Year of Tax Increment of the District ...........
2 -3
Subsection 2 -8.
Original Tax Capacity, Tax Rate and Estimated Captured
Net Tax Capacity Value /Increment and
Notification of Prior Planned Improvements ....................
2 -3
Subsection 2 -9.
Sources of Revenue /Bonds to be Issued ......................
2 -4
Subsection 2 -10.
Uses of Funds ............ ...............................
2 -5
Subsection 2 -11.
Fiscal Disparities Election ... ...............................
2 -5
Subsection 2 -12.
Business Subsidies ........ ...............................
2 -6
Subsection 2 -13.
County Road Costs ........ ...............................
2 -7
Subsection 2 -14.
Estimated Impact on Other Taxing Jurisdictions .................
2 -7
Subsection 2 -15.
Supporting Documentation .. ...............................
2 -9
Subsection 2 -16.
Definition of Tax Increment Revenues ........................
2 -9
Subsection 2 -17.
Modifications to the District . ...............................
2 -10
Subsection 2 -18.
Administrative Expenses ... ...............................
2 -10
Subsection 2 -19.
Limitation of Increment .... ...............................
2 -11
Subsection 2 -20.
Use of Tax Increment ..... ...............................
2 -12
Subsection 2 -21.
Excess Increments ....... ...............................
2 -12
Subsection 2 -22.
Requirements for Agreements with the Developer ..............
2 -13
Subsection 2 -23.
Assessment Agreements .. ...............................
2 -13
Subsection 2 -24.
Administration of the District ...............................
2 -13
Subsection 2 -25.
Annual Disclosure Requirements ...........................
2 -13
Subsection 2 -26.
Reasonable Expectations .. ...............................
2 -13
Subsection 2 -27.
Other Limitations on the Use of Tax Increment .................
2 -14
Subsection 2 -28.
Summary ............... ...............................
2 -14
Appendix A
Project Description ....................... ............................... A -1
Appendix B
Map of Development District No. 1 and the District ............................. B -1
Appendix C
Description of Property to be Included in the District ............................ C -1
Appendix D
Estimated Cash Flow for the District ......... ............................... D -1
Appendix E
Minnesota Business Assistance Form ........ ............................... E -1
Appendix F
Findings Including But/For Qualifications ...... ............................... F -1
Section 1- Modification to the Development Program
for Development District No. 1
Foreword
The following text represents a Modification to the Development Program for Development District No. 1.
This modification represents a continuation of the goals and objectives set forth in the Development Program
for Development District No. 1. Generally, the substantive changes include the establishment of Tax
Increment Financing District No. 1 -6.
For further information, a review of the Development Program for Development District No. 1, adopted
September 2, 1986, is recommended. It is available from the City Administrator at the City of Andover.
Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment
Financing Districts located within Development District No. 1.
Andover Economic Development Authority Modification to the Development Program for Development District No. 1 1 -1
Section 2 - Tax Increment Financing Plan
for Tax Increment Financing District No. 1 -6
Subsection 2 -1. Foreword
The Andover Economic Development Authority (the "EDA "), the City of Andover (the "City"), staff and
consultants have prepared the following information to expedite the establishment of Tax Increment
Financing District No. 1 -6 (the "District "), an economic development tax increment financing district, located
in Development District No. 1.
Subsection 2 -2. Statutory Authority
Within the City, there exist areas where public involvement is necessary to cause development or
redevelopment to occur. To this end, the EDA and City have certain statutory powers pursuant to Minnesota
Statutes ('M.S.'), Sections 469.090 to 469.1082, inclusive, as amended, and M.S., Sections 469.174 to
469.1794, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act "), to assist in financing
public costs related to this project.
This section contains the Tax Increment Financing Plan (the "TIF Plan ") for the District. Other relevant
information is contained in the Modification to the Development Program for Development District No. 1.
Subsection 2 -3. Statement of Objectives
The District currently consists of two parcels of land and adjacent roadways and internal rights -of -way. The
District is being created to facilitate the construction of a 25,000 s.f. light manufacturing center in the City.
Please see Appendix A for further District information. The EDA has not entered into an agreement, at the
time of preparation of this TIF Plan, but intends to with Measurement Specialties so development can
commence in 2013. This TIF Plan is expected to achieve many of the objectives outlined in the Development
Program for Development District No. 1.
The activities contemplated in the Modification to the Development Program and the TIF Plan do not
preclude the undertaking of other qualified development or redevelopment activities. These activities are
anticipated to occur over the life of Development District No. 1 and the District.
Subsection 2 -4. Development Program Overview
1. Property to be Acquired - Selected property located within the District may be acquired by
the EDA or City and is further described in this TIF Plan.
2. Relocation - Relocation services, to the extent required by law, are available pursuant to
M.S., Chapter 117 and other relevant state and federal laws.
3. Upon approval of a developer's plan relating to the project and completion of the necessary
legal requirements, the EDA or City may sell to a developer selected properties that it may
acquire within the District or may lease land or facilities to a developer.
4. The EDA or City may perform or provide for some or all necessary acquisition, construction,
relocation, demolition, and required utilities and public street work within the District.
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 2 -1
5. The City proposes both public and private infrastructure within the District. The proposed
reuse of private property within the District will be for a manufacturing facility, and there
will be continued operation of Development District No. 1 after the capital improvements
within Development District No. 1 have been completed.
Subsection 2 -5. Description of Property in the District and Property To Be Acquired
The District encompasses all property and adjacent rights -of -way and abutting roadways identified by the
parcels listed in Appendix C of this TIF Plan. Please also see the map in Appendix B for further information
on the location of the District.
The EDA currently owns the property to be included in the District.
Subsection 2 -6. Classification of the District
The EDA and City, in determining the need to create a tax increment financing district in accordance with
M.S., Sections 469.174 to 469.1794, as amended, inclusive, find that the District, to be established, is an
economic development district pursuant to M.S., Section 469.174, Subd. 12 as defined below:
"Economic development district" means a type of tax increment financing district which consists ofany
project, or portions of a project, which the authority finds to be in the public interest because:
(1) it will discourage commerce, industry, or manufacturingfrom moving their operations
to another state or municipality; or
(2) it will result in increased employment in the state; or
(3) it will result in preservation and enhancement of the tax base of the state.
The District is in the public interest because it will meet the statutory requirement from clause 2 and 3.
Pursuant to M.S., Section 469.176, Subd. 4c, revenue derived from tax increment from an economic
development district may not be used to provide improvements, loans, subsidies, grants, interest rate
subsidies, or assistance in any form to developments consisting of buildings and ancillary facilities, if more
than 15 percent of the buildings and facilities (determined on the basis of square footage) are used for a
purpose other than:
(1) The manufacturing or production of tangible personal property, including processing resulting
in the change in condition of the property;
(2) Warehousing, storage, and distribution of tangible personal property, excluding retail sales;
(3) Research and development related to the activities listed in items (1) or (2);
(4) Telemarketing if that activity is the exclusive use of the property; or
(5) Tourism facilities;
(6) Space necessary for and related to the activities listed in items (1) to (5)
In meeting the statutory criteria the EDA and City rely on the following facts and findings:
The facilities in the District meet the conditions of Purposes 1, 2, and 6.
The District is being created to assist in the construction of a manufacturing facility for Measurement
Specialties. The proposed facility will be used for manufacturing industrial temperature sensors and related
activities.
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 2-2
Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a parcel that
qualified under the provisions of M.S., Sections 273.111 or 273.112 or Chapter 473H for taxes payable in
any of the five calendar years before the filing of the request for certification of the District.
Subsection 2 -7. Duration and First Year of Tax Increment of the District
Pursuant to M.S., Section 469.175, Subd. 1, and M.S, Section 469.176, Subd. 1, the duration of the District
must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1b., the duration of the
District will be 8 years after receipt of the first increment by the EDA or City. The date of receipt by the City
of the first tax increment is expected to be 2016. Thus, it is estimated that the District, including any
modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2024, or when
the TIF Plan is satisfied. The EDA or City reserves the right to decertify the District prior to the legally
required date.
Subsection 2 -8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax
Capacity Value /Increment and Notification of Prior Planned Improvements
Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity
(ONTC) as certified for the District will be based on the market values placed on the property by the assessor
in 2013 for taxes payable 2014.
Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning
in the payment year 2016) the amount by which the original value has increased or decreased as a result of.
1. Change in tax exempt status of property;
2. Reduction or enlargement of the geographic boundaries of the district;
3. Change due to adjustments, negotiated or court- ordered abatements;
4. Change in the use of the property and classification;
5. Change in state law governing class rates; or
6. Change in previously issued building permits.
In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no
value will be captured and no tax increment will be payable to the EDA or City.
The original local tax rate for the District will be the local tax rate for taxes payable 2014, assuming the
request for certification is made before June 30, 2014. The ONTC and the Original Local Tax Rate for the
District appear in the table below.
Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated
Captured Net Tax Capacity (CTC) of the District, within Development District No. 1, upon completion of
the projects within the District, will annually approximate tax increment revenues as shown in the table
below. The EDA and City request 100 percent of the available increase in tax capacity for repayment of its
obligations and current expenditures, beginning in the tax year payable 2016. The Project Tax Capacity
(PTC) listed is an estimate of values when the projects within the District are completed.
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 2 -3
Project Estimated Tax Capacity upon Completion (PTC) $77,123
Original Estimated Net Tax Capacity (ONTC) $21,998
Fiscal Disparities Reduction $22,345
Estimated Captured Tax Capacity (CTC) $32,780
Original Local Tax Rate 1.15854 Pay 2013
Estimated Annual Tax Increment (CTC x Local Tax Rate) $37,977
Percent Retained by the EDA 100%
Tax capacity includes a 5% inflation factor for the duration of the District. The tax capacity included in this
chart is the estimated tax capacity of the District in year 9. The tax capacity of the District in year one is
estimated to be $52,200.
Pursuant to M.S. Section 469.177, Subd. 4, the EDA shall, after a due and diligent search, accompany its
request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S.,
Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which
building permits have been issued during the eighteen (18) months immediately preceding approval of the
TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase
the original net tax capacity of the District by the net tax capacity of improvements for which a building
permit was issued.
The City has reviewed the area to be included in the District and found no parcels for which building
permits have been issued during the 18 months immediately preceding approval of the TIF Plan by the
City.
Subsection 2 -9. Sources of Revenue /Bonds to be Issued
The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax
increments. The EDA or City reserves the right to incur bonds or other indebtedness as a result of the TIF
Plan. As presently proposed, the project within the District will be financed by an interfund loan and pay -as-
you-go note to repay the EDA for the cost of writing the land down. Any refunding amounts will be deemed
a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the EDA or City
to incur debt. The EDA or City will issue bonds or incur other debt only upon the determination that such
action is in the best interest of the City.
The total estimated tax increment revenues for the District are shown in the table below:
SOURCES OF FUNDS TOTAL
Tax Increment $259,204
Interest $25,920
TOTAL $285,124
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 2 -4
The EDA or City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax increments
from the District in a maximum principal amount of $216,281. Such bonds may be in the form of pay- as -you-
go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded
indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval.
Subsection 2 -10. Uses of Funds
Currently under consideration for the District is a proposal to facilitate the construction of a 25,000 s.f. light
manufacturing center in the City. The EDA and City have determined that it will be necessary to provide
assistance to the project in the form of a land write down. The EDA has studied the feasibility of the
development of property in and around the District. To facilitate the establishment and development of the
District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible
expenses. The estimate of public costs and uses of funds associated with the District is outlined in the
following table.
USES OF TAX INCREMENT FUNDS TOTAL
Land/Building Acquisition $110,000
Site Improvements/Preparation $40,000
Utilities $25,000
Other Qualifying Improvements $15,361
Administrative Costs (un to 10 %) $25,92 0
PROJECT COST TOTAL $216,281
Interest J68 843
PROJECT AND INTEREST COSTS TOTAL $285,124
The total project cost, including financing costs (interest) listed in the table above does not exceed the total
projected tax increments for the District as shown in Subsection 2 -9.
Estimated capital and administrative costs listed above are subject to change among categories by
modification of the TIF Plan without hearings and notices as required for approval of the initial TIF Plan, so
long as the total capital and administrative costs combined do not exceed the total listed above. Further, the
EDA or City may spend up to 20 percent of the tax increments from the District for activities (described in
the table above) located outside the boundaries of the District but within the boundaries of the Project
(including administrative costs, which are considered to be spend outside the District), subject to all other
terms and conditions of this TIF Plan.
Subsection 2 -11. Fiscal Disparities Election
Pursuant to M.S., Section 469.177, Subd. 3, clause b, the EDA or City must calculate fiscal disparities using
the following method of computation:
(b) Thefollowing method ofcomputation applies to any economic development districtfor which the
request for certification was made after June 30, 1997, and to any other district for which the
governing body, by resolution approving the tax incrementf nancing plan pursuant to M.S., Section
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 2 -5
469.177, Subd. 3, elects:
(1) The original net tax capacity shall be determined before the application of the fiscal
disparity provisions of Chapter 276A or 473E The current net tax capacity shall exclude
any fiscal disparity commercial - industrial net tax capacity increase between the original
year and the current year multiplied by the fiscal disparity ratio determined pursuant to
M.S., Section 276A.06, subdivision 7 or M.S., Section 473F.08, subdivision 6. Where the
original net tax capacity is equal to orgreater than the current net tax capacity, there is no
captured tax capacity and no tax increment determination. Where the original tax capacity
is less than the current tax capacity, the difference between the original net tax capacity and
the current net tax capacity is the captured net tax capacity. This amount less any portion
thereofwhich the authority has designated, in its tax incrementfinancingplan, to share with
the local taxing districts is the retained captured net tax capacity of the authority.
(2) The county auditorshall exclude the retained captured net tax capacity ofthe authorityftom
the net tax capacity of the local taxing districts in determining local taxing district tax rates.
The local tax rates so determined are to be extended against the retained captured net tax
capacity of the authority as well as the net tax capacity of the local taxing districts. The tax
generated by the extension of the less of (A) the local taxing district tax rates or (B) the
original local tax rate to the retained captured net tax capacity of the authority is the tax
increment of the authority.
Subsection 2 -12. Business Subsidies
Pursuant to M.S., Section 116J.993, Subd. 3, the following forms of financial assistance are not considered
a business subsidy:
(1) A business subsidy of less than $150,000;
(2) Assistance that is generally available to all businesses or to a general class of similar businesses,
such as a line of business, size, location, or similar general criteria;
(3) Public improvements to buildings or lands owned by the state or local government that serve a
public purpose and do not principally benefit a single business or defined group of businesses at
the time the improvements are made;
(4) Redevelopment property polluted by contaminants as defined in M.S., Section 116J.552, Subd. 3;
(5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing
it up to code and assistance provided for designated historic preservation districts, provided that
the assistance is equal to or less than 50% of the total cost;
(6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to
provide those services;
(7) Assistance for housing;
(8) Assistance for pollution control or abatement, including assistance for a tax increment financing
hazardous substance subdistrict as defined under M.S., Section 469.174, Subd. 23;
(9) Assistance for energy conservation;
(10) Tax reductions resulting from conformity with federal tax law;
(11) Workers' compensation and unemployment compensation;
(12) Benefits derived from regulation;
(13) Indirect benefits derived from assistance to educational institutions;
(14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and
bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal
Revenue Code of 1986, as amended through December 31, 1999;
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 2 -6
(15) Assistance for a collaboration between a Minnesota higher education institution and a business;
(16) Assistance for a tax increment financing soils condition district as defined under M.S., Section
469.174, Subd. 19;
(17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation
is 70 percent or more of the assessor's current year's estimated market value;
(18) General changes in tax increment financing law and other general tax law changes of a principally
technical nature;
(19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local
government agency;
(20) Funds from dock and wharf bonds issued by a seaway port authority;
(21) Business loans and loan guarantees of $150,000 or less;
(22) Federal loan funds provided through the United States Department of Commerce, Economic
Development Administration; and
(23) Property tax abatements granted under M.S., Section 469.1813 to property that is subject to
valuation under Minnesota Rules, chapter 8100.
The EDA will comply with M.S., Sections 116J.993 to 116J.995 to the extent the tax increment assistance
under this TIF Plan does not fall under any of the above exemptions.
Subsection 2 -13. County Road Costs
Pursuant to M.S., Section 469.175, Subd. la, the county board may require the EDA or City to pay for all or
part of the cost of county road improvements if the proposed development to be assisted by tax increment
will, in the judgment of the county, substantially increase the use of county roads requiring construction of
road improvements or other road costs and if the road improvements are not scheduled within the next five
years under a capital improvement plan or within five years under another county plan.
If the county elects to use increments to improve county roads, it must notify the EDA or City within forty -
five days of receipt of this TIF Plan. In the opinion of the EDA and City and consultants, the proposed
development outlined in this TIF Plan will have little or no impact upon county roads, therefore the TIF Plan
was not forwarded to the county 45 days prior to the public hearing. The EDA and City are aware that the
county could claim that tax increment should be used for county roads, even after the public hearing.
Subsection 2 -14. Estimated Impact on Other Taxing Jurisdictions
The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF
Plan would occur without the creation of the District. However, the EDA or City has determined that such
development or redevelopment would not occur "but for" tax increment financing and that, therefore, the
fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as
follows if the "but for" test was not met:
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 2 -7
IMPACT ON TAX BASE
0.407220
Pay 2013
Estimated Captured
ISD No. 11
Total Net
Tax Capacity (CTC)
Percent of CTC
Tax Capacity
Upon Completion
to Entity Total
Anoka County 218,432,132
37,977
0.0174%
City of Andover 21,155,263
37,977
0.1795%
ISD No. 11 111,171,454
37,977
0.0342%
IMPACT ON TAX RATES
Pay 2013 Percent Potential
Extension Rates of Total CTC Taxes
Anoka County 0.444110 38.33% 37,977 16,866
City of Andover
0.407220
35.15%
37,977 15,465
ISD No. 11
0.268010
23.13%
37,977 10,178
Other
0.039200
3.38%
37,977 1,489
Total
1.158540
100.00%
43,998
The estimates listed above display the captured tax capacity when all construction is completed. The tax rate
used for calculations is the actual Pay 2013 rate. The total net capacity for the entities listed above are based
on actual Pay 2013 figures. The District will be certified under the actual Pay 2014 rates.
Pursuant to M.S. Section 469.175 Subd. 2(b):
(1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be
generated over the life of the District is $259,204;
(2) Probable impact of the District on city provided services and ability to issue debt. An impact of the
District on police protection is expected. The City currently contracts with the Anoka County
Sheriffs Office for police services. The Anoka County Sheriffs Office does track all calls for
service including property -type calls and crimes. With any addition of new residents or businesses,
police calls for service will be increased. New developments add an increase in traffic, and additional
overall demands to the call load. The City does not expect that the proposed development, in and
of itself, will necessitate new capital investment in vehicles or require that the City expand its
contract with Anoka County.
The probable impact of the District on fire protection is not expected to be significant. Typically new
industrial facilities generate few calls, if any, and are of superior construction and are sprinklered.
The impact of the District on public infrastructure is expected to be minimal. The development is
not expected to significantly impact any traffic movements in the area. The current infrastructure for
sanitary sewer, storm sewer and water will be able to handle the additional volume generated from
the proposed development. Based on the development plans, there are no additional costs associated
with street maintenance, sweeping, plowing, lighting and sidewalks. However, lighting operating
costs are yet to be determined. The development in the District is expected to contribute an estimated
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 2 -8
$43,462 in sanitary sewer (SAC) and water (WAC) connection fees.
The probable impact of any District general obligation tax increment bonds on the ability to issue
debt for general fund purposes is expected to be minimal. It is not anticipated that there will be any
general obligation debt issued in relation to this project, therefore there will be no impact on the
City's ability to issue future debt or on the City's debt limit.
(3) Estimated amount of tax increment attributable to school district levies. It is estimated that the
amount of tax increments over the life of the District that would be attributable to school district
levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions
remained the same, is $59,954;
(4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of
tax increments over the life of the District that would be attributable to county levies, assuming the
county's share of the total local tax rate for all taxing jurisdictions remained the same, is $99,353;
(5) Additional information requested by the county or school district. The City is not aware of any
standard questions in a county or school district written policy regarding tax increment districts and
impact on county or school district services. The county or school district must request additional
information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax
increment financing plan.
No requests for additional information from the county or school district regarding the proposed
development for the District have been received.
Subsection 2 -15. Supporting Documentation
Pursuant to M.S. Section 469.175, Subd. I (a), clause 7 the TIF Plan must contain identification and
description of studies and analyses used to make the determination set forth in M.S. Section 469.175, Subd.
3, clause (b)(2) and the findings are required in the resolution approving the District. Following is a list of
reports and studies on file at the City that support the EDA and City's findings:
• Comprehensive Plan
• City Ordinance 9 -1 -6 Construction Near WDE Site
Subsection 2 -16. Definition of Tax Increment Revenues
Pursuant to M.S., Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing
district include all of the following potential revenue sources:
1. Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under M.S.,
Section 469.177;
2. The proceeds from the sale or lease of property, tangible or intangible, to the extent the property was
purchased by the Authority with tax increments;
3. Principal and interest received on loans or other advances made by the Authority with tax increments;
4. Interest or other investment earnings on or from tax increments;
5. Repayments or return of tax increments made to the Authority under agreements for districts for
which the request for certification was made after August 1, 1993; and
6. The market value homestead credit paid to the Authority under M.S., Section 273.1384.
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 2 -9
Subsection 2 -17. Modifications to the District
In accordance with M.S., Section 469.175, Subd. 4, any:
1. Reduction or enlargement of the geographic area of the District, if the reduction does not meet the
requirements of MS., Section 469.175, Subd. 4(e);
2. Increase in amount of bonded indebtedness to be incurred;
3. A determination to capitalize interest on debt if that determination was not a part of the original TIF
Plan;
4. Increase in the portion of the captured net tax capacity to be retained by the EDA or City;
5. Increase in the estimate of the cost of the District, including administrative expenses, that will be paid
or financed with tax increment from the District; or
6. Designation of additional property to be acquired by the EDA or City,
shall be approved upon the notice and after the discussion, public hearing and findings required for approval
of the original TIF Plan.
Pursuant to M.S., Section 469.175 Subd. 469, the geographic area of the District may be reduced, but shall
not be enlarged after five years following the date of certification of the original net tax capacity by the
county auditor. If an economic development district is enlarged, the reasons and supporting facts for the
determination that the addition to the district meets the criteria of M.S., Section 469.174, Subd. 12 must be
documented in writing and retained. The requirements of this paragraph do not apply if (1) the only
modification is elimination of parcel(s) from the District and (2) (A) the current net tax capacity of the
parcel(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's
original net tax capacity or (B) the EDA agrees that, notwithstanding M.S., Section 469.177, Subd. 1, the
original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s)
eliminated from the District.
The EDA or City must notify the County Auditor of any modification to the District. Modifications to the
District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF
Plan.
Subsection 2 -18. Administrative Expenses
In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the
EDA or City, other than:
1. Amounts paid for the purchase of land;
2. Amounts paid to contractors or others providing materials and services, including architectural and
engineering services, directly connected with the physical development of the real property in the
District;
3. Relocation benefits paid to or services provided for persons residing or businesses located in the
District; or
4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued
pursuant to M.S., Section 469.178; or
5. Amounts used to pay other financial obligations to the extent those obligations were used to finance
costs described in clauses (1) to (3).
For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982,
and before August 1, 2001, administrative expenses also include amounts paid for services provided by bond
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 2 -10
counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S., Section
469.176, Subd. 3, tax increment may be used to pay any authorized and documented administrative
expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures
authorized by the TIF Plan or the total tax increments, as defined by M.S., Section 469.174, Subd. 25, clause
(1), from the District, whichever is less.
For districts for which certification was requested after July 31, 2001, no tax increment may be used to pay
any administrative expenses for District costs which exceed ten percent of total estimated tax increment
expenditures authorized by the TIF Plan or the total tax increments, as defined inM.S, Section 469.174, Subd.
25, clause (1), from the District, whichever is less.
Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual
administrative expenses incurred in connection with the District and are not subject to the percentage limits
of M.S., Section 469.176, Subd. 3. The county may require payment of those expenses by February 15 of the
year following the year the expenses were incurred.
Pursuant to M.S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36
percent) of any increment distributed to the EDA or City and the County Treasurer shall pay the amount
deducted to the State Commissioner of Management and Budget for deposit in the state general fund to be
appropriated to the State Auditor for the cost of financial reporting of tax increment financing information
and the cost of examining and auditing authorities' use of tax increment financing. This amount may be
adjusted annually by the Commissioner of Revenue.
Subsection 2 -19. Limitation of Increment
The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District
may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow
account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or
redemption date.
Pursuant to M.S., Section 469.176, Subd. 6:
if, after four years from the date of certification of the original net tax capacity of the tax
incrementfznancingdistrictpursuanttoM ..S., Section 469.177, no demolition, rehabilitation
or renovation of property or other site preparation, including qualified improvement of a
street adjacent to a parcel but not installation of utility service including sewer or water
systems, has been commenced on a parcel located within a tax increment financing district
by the authority or by the owner of the parcel in accordance with the tax incrementfinancing
plan, no additional tax increment may be taken from that parcel and the original net tax
capacity of that parcel shall be excluded from the original net tax capacity of the tax
increment financing district. If the authority or the owner of the parcel subsequently
commences demolition, rehabilitation or renovation or other site preparation on that parcel
including qualified improvement of a street adjacent to that parcel, in accordance with the
tax incrementfinancingplan, the authorityshall certify to the county auditor that the activity
has commenced and the county auditor shall certify the net tax capacity thereof as most
recently certified by the commissioner of revenue and add it to the original net tax capacity
of th e tax increment financing district. The county auditor must enforce the provisions of this
subdivision. The authority must submit to the county auditor evidence that the required
activity has taken place for each parcel in the district. The evidence for a parcel must be
submitted by February 1 of the fifth year following the year in which the parcel was certified
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 2 -11
as included in the district. For purposes of this subdivision, qualified improvements of a
street are limited to (1) construction or opening of a new street, (2) relocation of a street,
and (3) substantial reconstruction or rebuilding of an existing street.
The EDA or City or a property owner must improve parcels within the District by approximately October
2017 and report such actions to the County Auditor.
Subsection 2 -20. Use of Tax Increment
The EDA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable
property located in the District for the following purposes:
1. To pay the principal of and interest on bonds issued to finance a project;
2. to finance, or otherwise pay the cost of redevelopment of the Development District No. 1 pursuant
to M.S., Sections 469.090 to 469.1082;
3. To pay for project costs as identified in the budget set forth in the TIF Plan;
4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4;
5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the
EDA or City or for the benefit of Development District No. 1 by a developer;
6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing
the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to
M.S., Chapter 462C. M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178; and
7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on
the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152
through 469.165, and/or M.S., Sections 469.178.
These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other
purposes prohibited by M.S., Section 469.176, Subd. 4.
Subsection 2 -21. Excess Increments
Excess increments, as defined in M.S., Section 469.176, Subd. 2, shall be used only to do one or more of the
following:
1. Prepay any outstanding bonds;
2. Discharge the pledge of tax increment for any outstanding bonds;
3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or
4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in
proportion to their local tax rates.
The EDA or City must spend or return the excess increments under paragraph (c) within nine months after
the end of the year. In addition, the EDA or City may, subject to the limitations set forth herein, choose to
modify the TIF Plan in order to finance additional public costs in Development District No. I or the District.
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1-6 2 -12
Subsection 2 -22. Requirements for Agreements with the Developer
The EDA or City will review any proposal for private development to determine its conformance with the
Development Program and with applicable municipal ordinances and codes. To facilitate this effort, the
following documents may be requested for review and approval: site plan, construction, mechanical, and
electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any
other drawings or narrative deemed necessary by the EDA or City to demonstrate the conformance of the
development with City plans and ordinances. The EDA or City may also use the Agreements to address other
issues related to the development.
Pursuant to M.S., Section 469.176, Subd. 5, no more than 10 percent, by acreage, of the property to be
acquired in the District as set forth in the TIF Plan shall at any time be owned by the EDA or City as a result
of acquisition with the proceeds of bonds issued pursuant to M.S., Section 469.178 to which tax increments
from property acquired is pledged, unless prior to acquisition in excess of 10 percent of the acreage, the EDA
or City concluded an agreement for the development of the property acquired and which provides recourse
for the EDA or City should the development not be completed.
Subsection 2 -23. Assessment Agreements
Pursuant to M.S., Section 469.177, Subd. 8, the EDA or City may enter into a written assessment agreement
in recordable form with the developer of property within the District which establishes a minimum market
value of the land and completed improvements for the duration of the District. The assessment agreement
shall be presented to the County Assessor who shall review the plans and specifications for the improvements
to be constructed, review the market value previously assigned to the land upon which the improvements are
to be constructed and, so long as the minimum market value contained in the assessment agreement appears,
in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the
minimum market value agreement.
Subsection 2 -24. Administration of the District
Administration of the District will be handled by the City Administrator.
Subsection 2 -25. Annual Disclosure Requirements
Pursuant to M.S., Section 469.175, Subds. 5, 6, and 6b the EDA or City must undertake financial reporting
for all tax increment financing districts to the Office of the State Auditor, County Board and County Auditor
on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual statement
shall be published in a newspaper of general circulation in the City on or before August 15.
If the City fails to make a disclosure or submit a report containing the information required by M.S., Section
469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax
increment from the District.
Subsection 2 -26. Reasonable Expectations
As required by the TIF Act, in establishing the District, the determination has been made that the anticipated
development would not reasonably be expected to occur solely through private investment within the
reasonably foreseeable future and that the increased market value of the site that could reasonably be expected
to occur without the use of tax increment financing would be less than the increase in the market value
estimated to result from the proposed development after subtracting the present value of the projected tax
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 2 -13
increments for the maximum duration of the District permitted by the TIF Plan. In making said
determination, reliance has been placed upon written representation made by the developer to such effects
and upon EDA and City staff awareness of the feasibility of developing the project site(s) within the District.
A comparative analysis of estimated market values both with and without establishment of the District and
the use of tax increments has been performed as described above. Such analysis is included with the cashflow
in Appendix D, and indicates that the increase in estimated market value of the proposed development (less
the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the
District and the use of tax increments.
Subsection 2 -27. Other Limitations on the Use of Tax Increment
General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF
Plan. The revenues shall be used to finance, or otherwise pay the cost of redevelopment of the
Development District No. 1 pursuant to M.S., Sections 469.090 to 469.1082. Tax increments may not be
used to circumvent existing levy limit law. No tax increment may be used for the acquisition,
construction, renovation, operation, or maintenance of a building to be used primarily and regularly for
conducting the business of a municipality, county, school district, or any other local unit of government
or the state or federal government. This provision does not prohibit the use of revenues derived from tax
increments for the construction or renovation of a parking structure.
2. Pooling Limitations. At least 80 percent of tax increments from the District must be expended on
activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to finance
activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not
more than 20 percent of said tax increments may be expended, through a development fund or otherwise,
on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced
bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they
were solely for activities outside of the District.
3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall
be deemed to have satisfied the 80 percent test set forth in paragraph (2) above only if the five year rule
set forth in M.S., Section 469.1763, Subd. 3, has been satisfied; and beginning with the sixth year
following certification of the District, 80 percent of said tax increments that remain after expenditures
permitted under said five year rule must be used only to pay previously committed expenditures or credit
enhanced bonds as more fully set forth in M.S., Section 46P. 1763, Subd. 5.
Subsection 2 -28. Summary
The Andover Economic Development Authority is establishing the District to preserve and enhance the tax
base, and provide employment opportunities in the City. The TIF Plan for the District was prepared by Ehlers
& Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113 -1105, telephone (651) 697 -8500.
Andover Economic Development Authority
Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 2 -14
Appendix A
Project Description
Measurement Specialties is a global designer and manufacturer of sensors and sensor -based systems which
measure pressure /force, position, vibration, temperature, humidity, and fluid properties. They will be
constructing a new 25,000 sq /ft manufacturing facility in order to consolidate operations into one location.
In order for a new building to be cost competitive with an existing foreclosed property they are looking at,
Measurement Specialties has requested to purchase the land from the City's EDA at a greatly reduced
purchase price. Without the land write -down, the cost to build a new building is more than the cost of buying
an existing facility elsewhere. The City's EDA will be selling the land to them for a reduced price and will
utilize the TIF generated from the project over the 9 -year term to partially repay the City's EDA for the fair
market value of the land.
Appendix A -1
Appendix B
Map of Development District No. 1 and the District
Appendix B -1
Appendix C
Description of Property to be Included in the District
The District encompasses all property and adjacent rights -of -way and abutting roadways identified by the
parcels listed below.
Parcel Numbers
Address
Owner
34- 32 -24 -11 -0004
139XX JAY STREET NW
ANDOVER EDA
34- 32 -24 -11 -0005
1711 139TH LANE NW
ANDOVER EDA
Appendix C -1
Appendix D
Estimated Cash Flow for the District
Appendix D -1
W1712013
1fEHLERS
{EAQSa$iM rYenS nF4N{(
Measurement Specialties - 5% Inflation
City of Mdi
25,000 SgfFt Manufacturing
Base Value Assumptions -Page 1
Note:
1. Ban values are for Pay 2014 based upon estimates from County Assessor on 8 13-13.
2. Property Is located in TCA 75011A
pm,wedbyalem&Pn Ives Im - EatlmBleeplly N yammalendova�c w- RebVelcgnnnnTIRTIF DuectMTIF 14 - 2013 E[tadldniaiBTF PuraMF Rm 8- 18 -13F PF P.,.,.
ASSUMPTIONS
RATES
(Original
Capacity)
DistdctType: Economic Development
MaximumlFmxen Local Tax Rate:
115.854%
Pay 2013
District NamelNUmbec
Current Local Tax Rate: (Use lesser of Current or Max.)
115.854%
Pay2013
County D- etrlct M:
After
Statewide Tax Rate (Comm.11nd. only used for local taxes)
525230%
Pay2013
First Year COnstm ion or Inflation on Value
2014
Market Value Tax Rate (Used for WWI InZes)
027966%
Pay2013
Existing District - Specify No. Ynn Remaining
After
Conversion
Map N PID Owner
Inflation Rate - Every Yea,
S.OD%
PROPERTY TAX CLASSES AND CLASS RATES:
Market VSWe
Market Value
Interest Rate:
5.00%
Exempt Gass Rate (Exempt)
0.00%
ArealPheae
Present Value Data
1 -Fetr14
Commercial Industrial Preferred Class Rata (Cll Prel.)
100%
840,100
First Period Ends,
1- Aug -14
First 5150,000
1.50%
16,052
Tax Year Disind coca Cedifed:
Pay 2014
Oyer 5150,000
2.0016
100%
Cas50ow Assumes First Tax Increment For Deyebpmera'.
2016
Commercial Industrial Class Rate (CI)
2.00%
CI
Years of Tax IrcremwM1
9
Rental Housing Class Rate (Raffal)
1.29%
Assumes Last Year of Tex Increment
2024
Affordable Rental Housing Class Rate (A6. Radial)
0.75%
S."It
Fiscal Disparities Election 10U rde(A), Inside (B), or NA]
Inside(B)
NoMlomminded Residential(NOOH Res.)
1.25%
Incremental or TOts l Fiscal Disparities
Incremental
Homestead ReAdernal Cie. Rate(Hmald. Res.)
Fiscal Disparities Contribution Ratio
405353% Pay 2013
First $500,000
1.00%
Fiscal Disparities Metro-Wide Tax Rate
153.4010% Pay 2013
Over $500,000
1.25%
Agricultural Non-Homestead
1.00%
Note:
1. Ban values are for Pay 2014 based upon estimates from County Assessor on 8 13-13.
2. Property Is located in TCA 75011A
pm,wedbyalem&Pn Ives Im - EatlmBleeplly N yammalendova�c w- RebVelcgnnnnTIRTIF DuectMTIF 14 - 2013 E[tadldniaiBTF PuraMF Rm 8- 18 -13F PF P.,.,.
BASE
VALUE INFORMATION
(Original
Capacity)
Percentage
Tex Yaar
Property
Current
Clam
After
Land Building
Total
Or Value Used
Original
Original
Tax
C iginal
After
Conversion
Map N PID Owner
Address Nada Value Market Value
Well Value
for District
Market VSWe
Market Value
Cie.,
Tax Celaelly
CRerslon
Orig. Tax Cap.
ArealPheae
1 34- 32- 24 -11- 0004
640,100
840,100
100%
840,100
Pay W14
Fampt
-
CII Pref.
16,052
1
2 34- 32 -24 -11 -0005
297,300
297,300
100%
297,300
Pay 2014
CA
5,946
CI
5,846
1
1137400
S."It
21,998
Note:
1. Ban values are for Pay 2014 based upon estimates from County Assessor on 8 13-13.
2. Property Is located in TCA 75011A
pm,wedbyalem&Pn Ives Im - EatlmBleeplly N yammalendova�c w- RebVelcgnnnnTIRTIF DuectMTIF 14 - 2013 E[tadldniaiBTF PuraMF Rm 8- 18 -13F PF P.,.,.
&1712013
49 EHLERS
6 €aa[pl la PV @UG nM1aas€
Measurement Specialties - 5% Inflation
City of Andover
25,000 SyFt Manufacturing
Base Value Asalanp0om -Page 2
Note:
1. Market values are based upon estimates from County Assessor
which cannot be predicted.
PROJECT
s.
eta
nu
oca
Estimated Tsxabe
nice
Total Taxable
property
(32,476)
Percentage
Percentage
percentage
Percentage
FimtYear
Disparities
Market Value Market Value
Total
Market
Tax
Ipn Ject
Protect Tax Completed
Canplatad
Compleaed
Completed
Full Texas
Area /Phase Now Use
Par Sq.FLIUmh Per Sq.FtJUnM
Sq. FLAlnits
Value
Close
Tax Capacity
Capacstyfthnk 2014
2015
2016
201]
Pa able
Menuraqud
100_ 108
25000
2,56]500
C/I Pref.
52,200
2 100%
100%
100%
100%
2016
TOTAL
Subtotal Residential
0
0
0
Subtotal Commlaroia0lnd.
25,000
2,547,500
52,200
Note:
1. Market values are based upon estimates from County Assessor
1. Taxes and tax increment will vary significantly from year to year depending upon values. hates, stab law, fiscal disparities and other factors
which cannot be predicted.
TAX CALCULATIONS
2. 0 tax increment In received in 2015,Ihen the distinct will be one year shorter.
eta
nu
oca
oca
nice
te-w
ar
(32,476)
Difference
Tax
Disparties
Tex
Property
Disparities
Property
Value
Total
Texas Par
New Use Ca ac
Tax Ca a
Ca
Tazea
Taxes
Taxes
Taxes
Texas
5 . RJUnit
Menufacturin g 52,209
21,159
31,041
1 35,962
32,476
27,417
],404
103.201
4.13
Nob:
1. Taxes and tax increment will vary significantly from year to year depending upon values. hates, stab law, fiscal disparities and other factors
which cannot be predicted.
2. 0 tax increment In received in 2015,Ihen the distinct will be one year shorter.
oblPro{elty Taxes
103,261
Current Vaue - Est. 1,137,d00
Mss Sbat wide Texas
(27,417)
New Market Value - Ea. 2,647,500
Mss Fiscal DisP Adj.
(32,476)
Difference
Mss Ma rket Value Taxes
(7,404)
Presets Value of Tax l ncrement
Iass Be. Value Texas
(15,155)
Difference 1,
Annual Gross TIF
Value like) to occurwithout Tex increment is less than:
PePVetl by Ehl., a Aisles, ft. - Earn.m Only NVAnnmIeWMOVenEcwwmk- PMVeIO(,rmtlTIF1TIF paVialelllF 18 M13Efl iMmwft7lFRu lTl Rml l &13Fa7FP .xls
9(172A13
% of
Disparities Tax
10 EHLERS
it
Measurement speciaiiies "TS& Inflation
City of Andover
25,000 SI Manufacturing
Tax Gross Tax I Gross Tax Auditor
Tax Increment C8sdw • Page 3
at Net Tax Present I ENDING Tax
Prepared by Ehlers d Hsendales, Inc. - Esfiimales Only IN M.nspiauAru. erlECpnomic- RedevelapmenaTIF1TIF Ustricl MF 14- 2013 EstablisbmenATIF Runs\TIF Run B -10.13 Far TIF RIan.LL
-
02/01/15
-
08/01/15
-
-
-
-
02/01/16
100%
52,200
(21,998)
(12,242)
17,960
115.854%
20,807
10,403
(37)
(1,037)
9,329
8,246
0.5
2016
08/01116
10,403
(37)
(1,037)
9,329
16,290
1
2016
02 01117
1D0%
54,810
(21,998)
(13,300)
19,512
115.854%
22,605
11,302
(41)
(1,126)
10,136
24,817
1.5
2017
08101/17
11,302
(41)
(1,126)
10,136
33,136
2
2017
02/01118
100%
57,551
(21,998)
(14,411)
21,141
115.854%
24,493
12,246
(44)
(1,220)
10,982
41,930
2.5
2018
08/01/18
12,246
(44)
(1,220)
10,982
50,509
3
2018
02101/19
100%
60,428
(21,998)
(15,578)
22,852
115.854%
26.475
13,238
(48)
(1,319)
11,871
59,556
3.5
2019
08/01/19
13,238
(48)
(1,319)
11,871
68,383
4
2019
0210120
100%
63,449
(21,998)
(16,802)
24,649
115.854%
28.557
14,278
(51)
(1,423)
12,804
77,672
4.5
2020
0810120
14,278
(51)
(1,423)
12,804
86,734
5
2020
0210121
100%
66,622
(21,998)
(18,088)
26,535
115.854%
30,742
15,371
(55)
(1,532)
13,784
96251
5.5
2021
0810121
15,371
(55)
(1,532)
13,784
105,537
6
2021
0210122
100%
69,953
(21,998)
(19,439)
28,516
115.854%
33,037
16,519
(59)
(1,646)
14,813
115,272
6.5
2022
0810122
16,519
(59)
(1,646)
14,813
124,769
7
2022
0210123
100%
73,451
(21,998)
(20,856)
30,596
115.854%
35,447
17,723
(64)
(1,766)
15,894
134,711
M
2023
08101123
17,723
(64)
(1,766)
15,894
144,411
8
2023
0210124
loop/.
77,123
(21,998)
(22,345)
32,780
115.854%
37,977
18,988
(68)
(1,892)
17,028
154,549
8.5
2024
08/01124
1,892
17,028
164,440
9
2024
02/0125
-
Total98��
(j36
5,92
Rrotnn}
Valr,a 16211Mn1d
P--# V.I.,. R.I.
Gnn%
:191171
Met
11R 2"
164.440
Prepared by Ehlers d Hsendales, Inc. - Esfiimales Only IN M.nspiauAru. erlECpnomic- RedevelapmenaTIF1TIF Ustricl MF 14- 2013 EstablisbmenATIF Runs\TIF Run B -10.13 Far TIF RIan.LL
Appendix E
Minnesota Business Assistance Form
(Minnesota Department of Employment and Economic Development)
A Minnesota Business Assistance Form (MBAF) should be used to report and/or update each calendar year's
activity by April 1 of the following year.
Please see the Minnesota Department of Employment and Economic Development (DEED) website at
htto: / /www. deed. state. mn .us / Community /subsidies/MBAFFonn.htrn for information and forms.
Appendix E -1
Appendix F
Findings Including But/For Qualifications
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax
Increment Financing District No. 1 -6 as required pursuant to M.S., Section 469.175, Subd. 3 are as follows:
1. Finding that the TaxlncrementFinancingDistrictNo .1 -6 is an economic development district as defined
in M.S., Section 469.174, Subd. 12.
Tax Increment Financing District No. 1 -6 is a contiguous geographic area within the City's Development
District No. 1, delineated in the TIF Plan, for the purpose of financing economic development in the City
through the use of tax increment. The District is in the public interest because it will facilitate the
construction of a 25,000 square foot light manufacturing facility in the City which will discourage
commerce, industry, or manufacturing from moving their operations to another state or municipality; it
will increase employment in the state, and preserve and enhance the tax base of the State.
Finding that the proposed development, in the opinion of the City Council, would not reasonably be
expected to occur solely throughprivate investment within the reasonablyforeseeablefuture and that the
increased market value of the site that could reasonably be expected to occur without the use of tax
increment financing would be less than the increase in the market value estimated to result from the
proposed development after subtracting the present value of the projected tax increments for the
maximum duration of Tax Increment Financing District No. 1 -6 permitted by the TIF Plan.
The proposed development, in the opinion of the City, would not reasonably be expected to occur solely
through private investment within the reasonably foreseeable future: This finding is supported by the fact
that the land is not the most desired site for development due to its proximity to a land fill. In addition,
it is encumbered by easements for environmental concerns, thus reducing the buildable land area. In
addition, the proposed development of a 25,000 square foot light manufacturing facility meets the City's
objectives for economic development. The cost of land acquisition, site and public improvements,
utilities and the above noted location and easement issues makes development of the facility infeasible
without City assistance. The developer was asked for and provided a letter as justification that the
developer would not have gone forward without tax increment assistance.
The increased market value of the site that could reasonably be expected to occur without the use of tax
incrementf nancingwould be less than the increase in market value estimated to resultfrom theproposed
development aftersubtracting thepresent value of theprojected tax increments for the maximum duration
of the TIFDistrictpermitted by the TIFPlan: The City supported this finding on the grounds that the cost
of land acquisition, site and public improvements and utilities add to the total development cost. This
site has been marketed for at least 12 years without success. The City reasonably determines that no other
development of similar scope is anticipated on this site without substantially similar assistance being
provided to the development.
Therefore, the City concludes as follows:
a. The City's estimate of the amount by which the market value of the entire District will
increase without the use of tax increment financing is $0.
b. If the proposed development occurs, the total increase in market value will be $1,510,100.
C. The present value of tax increments from the District for the maximum duration of the
Appendix F -1
3.
4.
district permitted by the TIF Plan is estimated to be $183,371.
d. Even if some development other than the proposed development were to occur, the Council
finds that no alternative would occur that would produce a market value increase greater than
$1,326,729 (the amount in clause b less the amount in clause c) without tax increment
assistance.
Finding that the TIFPlan for Tax IncrementFinancing District No. 1 -6 conforms to the general plan
for the development or redevelopment of the municipality as a whole.
The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the
general development plan of the City.
Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 will
afford maximum opportunity, consistent with the sound needs of the City as a whole, for the
development of Development District No. 1 by private enterprise.
The project to be assisted by the District will result in increased employment in the City and the State
of Minnesota, increased tax base of the State, and add a high quality development to the City.
But -For Analysis
Current Market Value 1,137,400
New Market Value - Estimate 2,647,500
Difference 1,510,100
Present Value of Tax Increment 183,371
Difference 1,326,729
Value Likely to Occur Without TIF is Less Than: 1,326,729
Appendix F -2
n
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
Jim Dickinson, City Administrat
FROM: David L. Carlberg, Community Development Director
SUBJECT: Approve Internal Loan — Tax Increment Financing District No. 1 -6
DATE: October 1, 2013
INTRODUCTION
The City Council is requested to review and approve an Internal Loan for Tax
Increment Financing District No. 1 -6.
DISCUSSION
The attached resolution approving a $452,100 internal loan is recommended by the
City's Fiscal Advisor (Ehlers and Associates) to comply with the State Auditor
requirements for newly created TIF districts that may expend dollars before the tax
increment is generated from the district and received.
ACTION REQUESTED
Review and approve the attached resolution approving the internal loan for TIF
District 1 -6.
espectfully submitted,
David L. Carlberg
Attachments:
Resolution
CITY OF ANDOVER
ANOKA COUNTY
STATE OF MINNESOTA
Council member introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF
CERTAIN COSTS IN CONNECTION WITH TAX INCREMENT FINANCING
DISTRICT NO. 1-6.
BE IT RESOLVED by the City Council (the "Council ") of the City of Andover, Minnesota (the
"City "), as follows:
Section 1. Background.
1.01. The City has heretofore approved the establishment of Tax Increment Financing District
No. 1 -6 (the "TIF District ") within Development District No. 1 (the "Project "), and has adopted a Tax
Increment Financing Plan (the "TIF Plan ") for the purpose of financing certain improvements within the
Proj ect.
1.02. The City has determined to pay for certain costs identified in the TIF Plan consisting of
land acquisition, site improvements /preparation, public utilities, other qualifying improvements, interest
and administrative costs (collectively, the "Qualified Costs "), which costs may be financed on a
temporary basis from City funds available for such purposes.
1.03. Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or
loan money from the City's general fund or any other fund from which such advances may be legally
authorized, in order to finance the Qualified Costs.
1.04. The City intends to reimburse itself for the Qualified Costs from tax increments derived
from the TIF District in accordance with the terms of this resolution (which terms are referred to
collectively as the "Interfund Loan").
Section 2. Terms of Interfund Loan.
2.01. The City hereby authorizes the advance of up to $452,100 from Tax Increment Financing
Districts No. 1 -1 or 1 -2 or the General Fund or so much thereof as maybe paid as Qualified Costs. The
City shall reimburse itself for such advances together with interest at the rate stated below. Interest
accrues on the principal amount from the date of each advance. The maximum rate of interest permitted
to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or
Section 549.09 as of the date the loan or advance is authorized, unless the written agreement states that
the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section
270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 4% and will not
fluctuate.
2.02. Principal and interest ( "Payments ") on the Interfund Loan shall be paid semi - annually on
each August 1 and February 1 (each a "Payment Date "), commencing on the first Payment Date on which
the Authority has Available Tax Increment (defined below), or on any other dates determined by the City
Administrator, through the date of last receipt of tax increment from the TIF District.
2.03. Payments on this Interfund Loan are payable solely from "Available Tax Increment,"
which shall mean, on each Payment Date, tax increment available after other obligations have been paid,
or as determined by the City Administrator, generated in the preceding six (6) months with respect to the
property within the TIF District and remitted to the City by Anoka County, all in accordance with
Minnesota Statutes, Sections 469.174 to 469.1794, all inclusive, as amended. Payments on this Interfund
Loan may be subordinated to any outstanding or future bonds, notes or contracts secured in whole or in
part with Available Tax Increment, and are on parity with any other outstanding or future interfund loans
secured in whole or in part with Available Tax Increment.
2.04. The principal sum and all accrued interest payable under this Interfund Loan are pre-
payable in whole or in part at any time by the City without premium or penalty. No partial prepayment
shall affect the amount or timing of any other regular payment otherwise required to be made under this
Interfund Loan.
2.05. This Interfund Loan is evidence of an internal borrowing by the City in accordance with
Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available
Tax Increment pledged to the payment hereof under this resolution. This Interfund Loan and the interest
hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political
subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any
political subdivision thereof shall be obligated to pay the principal of or interest on this Interfund Loan or
other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor
the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment
of the principal of or interest on this Interfund Loan or other costs incident hereto. The City shall have no
obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may
remain unpaid after the final Payment Date.
2.06. The City may amend the terms of this Interfund Loan at any time by resolution of the City
Council, including a determination to forgive the outstanding principal amount and accrued interest to the
extent permissible under law.
Section 3. Effective Date. This resolution is effective upon the date of its approval.
The motion for the adoption of the foregoing resolution was duly seconded by Council member
and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Dated: October 1, 2013
Mike Gamache, Mayor
(Seal)
ATTEST:
Jim Dickinson, City Administrator
fX S
l it
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
FROM: David L. Carlberg, Community Deve nt Director
SUBJECT: Approve Resolution Authorizing the Execution of a Development Agreement —
Measurement Specialties, Inc.
DATE: October 1, 2013
INTRODUCTION
The City Council is requested to approve the attached resolution authorizing the execution of a
development agreement with Measurement Specialties Inc.
BACKGROUND
The EDA on September 3, 2013 held a public hearing and adopted a resolution approving the land
sale. The EDA found that it is in the public's interest to sell the property and that the specified
intended use of the parcel is in keeping with the interest of the City of Andover EDA to further the
development of Andover Station North.
Staff recommends the land sale be completed as the sale meets the original objective of redeveloping the
area with a diversity of different uses that will meet the needs of the broader community.
ACTION REQUESTED
The City Council is requested to approve the attached resolution authorizing the execution of a
development agreement with Measurement Specialties Inc.
Respectfully submitted, /. CJL-V�-
David L. Carlberg
Attachments
Resolution
Development Agreement
EXTRACT OF MINUTES OF MEETING
OF THE CITY COUNCIL OF THE
CITY OF ANDOVER, MINNESOTA
HELD: October 1, 2013
Pursuant to due call and notice thereof, a meeting of the City Council of the City of
Andover, Anoka County, Minnesota, was duly called and held at the City Hall in said City on
Tuesday, the 1 st day of October, 2013, at 7:00 o'clock p.m.
The following members were present:
and the following were absent:
Member
adoption:
introduced the following resolution and moved its
RESOLUTION AUTHORIZING
EXECUTION OF A DEVELOPMENT AGREEMENT
A. WHEREAS, Measurement Specialties, Inc., (the "Developer ") has requested the
City of Andover, Minnesota (the "City ") and the Andover Economic Development Authority,
(the "EDA ") to assist with the financing of certain costs incurred in connection with the
construction of an approximately 25,000 square foot manufacturing facility constructed by the
Developer (the "Project ").
B. WHEREAS, the Developer, the City and the EDA have determined to enter into a
Development Agreement providing for the City's tax increment financing assistance for the
Project (the "Development Agreement ").
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover,
Minnesota, as follows:
1. The City Council hereby approves the Development Agreement in substantially
the form submitted, and the Mayor and Administrator are hereby authorized and directed to
execute the Development Agreement on behalf of the City.
2. The approval hereby given to the Development Agreement includes approval of
such additional details therein as may be necessary and appropriate and such modifications
thereof, deletions therefrom and additions thereto as may be necessary and appropriate and
approved by the City officials authorized by this resolution to execute the Development
Agreement. The execution of the Development Agreement by the appropriate officer or officers
of the City shall be conclusive evidence of the approval of the Development Agreement in
accordance with the terms hereof.
56918141
The motion for adoption of the foregoing resolution was duly seconded by member
and, after full discussion thereof, and upon a vote being taken thereof, the
following voted in favor thereof:
and the following voted against same:
Adopted this 1 st day of October, 2013.
Attest:
City Clerk
5691814x1
2
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 and foregoing
extract of minutes with the original minutes of a meeting of the City Council of the City held on
the date therein indicated, which are on file and of record in my office, and the same is a full,
true and complete transcript therefrom insofar as the same relates to a Resolution Authorizing
Execution of a Development Agreement.
WITNESS my hand as such Administrator of the City Council of the City of Andover,
Minnesota this day of October, 2013.
3
s69181avi
City Clerk
DEVELOPMENT AGREEMENT
BY AND AMONG
THE CITY OF ANDOVER, MINNESOTA,
ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
n►m
MEASUREMENT SPECIALTIES, INC.
This document drafted by: BRIGGS AND MORGAN, PROFESSIONAL ASSOCIATION (MLI)
2200 First National Bank Building
332 Minnesota Street
Saint Paul, Minnesota 55101
5664531v2
TABLE OF CONTENTS
Page
ARTICLEI DEFINITIONS .................................................................. ...............................
3
Section1.1.
Definitions ............................................................. ...............................
3
ARTICLE II REPRESENTATIONS AND WARRANTIES ................. ...............................
5
Section 2.1.
Representations and Warranties of the City .......... ...............................
5
Section 2.2.
Representations and Warranties of the Authority . ...............................
5
Section 2.3.
Representations and Warranties of the Developer ...............................
5
ARTICLE III UNDERTAKINGS BY DEVELOPER, AUTHORITY, AND CITY .............
7
Section 3.1.
Reimbursement of Costs and Legal and Administrative
Section5.7.
Expiration ............................................................ ...............................
Expenses............................................................... ...............................
7
Section 3.2.
Limitations on Undertaking of the City ................ ...............................
7
Section 3.3.
Development Property .......................................... ...............................
7
Section 3.4.
Business Subsidies Act ......................................... ...............................
7
Section 3.5.
Permanent Ingress /Egress and Parking Easement Agreement .............
8
Section 3.6.
Execution of Assessment Agreement ................... ...............................
8
Section 3.7.
Real Property Taxes .............................................. ...............................
9
ARTICLE IV EVENTS OF DEFAULT ................................................ ............................... 10
Section 4.1. Events of Default Defined .................................. ............................... 10
Section 4.2. Remedies on Default ........................................... ............................... 10
Section 4.3. No Remedy Exclusive ......................................... ............................... 11
Section 4.4. No Implied Waiver ............................................. ............................... 11
Section 4.5. Agreement to Pay Attorney's Fees and Expenses .............................. 11
Section 4.6. Indemnification of City and the Authority .......... ............................... 11
ARTICLE V ADDITIONAL PROVISIONS ....................................... ...............................
13
Section 5.1.
Restrictions on Use ............................................. ...............................
13
Section 5.2.
Conflicts of Interest ............................................. ...............................
13
Section 5.3.
Titles of Articles and Sections ............................ ...............................
13
Section 5.4.
Notices and Demands ......................................... ...............................
13
Section 5.5.
Counterparts ........................................................ ...............................
14
Section 5.6.
Law Governing ................................................... ...............................
14
Section5.7.
Expiration ............................................................ ...............................
14
Section 5.8.
Provisions Surviving Rescission or Expiration ... ...............................
14
Section 5.9.
Assignability of Agreement ................................ ...............................
14
EXHIBIT A LOCATION OF DEVELOPMENT PROPERTY... ........ -- ............. .................... A -1
EXHIBIT B ASSESSMENT AGREEMENT .............................................. ............................... B -1
5664531v2
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made as of the I' day of October, 2013, by and between the City
of Andover, Minnesota (the "City "), a municipal corporation organized and existing under the
laws of the State of Minnesota; the Andover Economic Development Authority, a body politic
and corporate organized and existing under the Constitution and laws of the State of Minnesota
(the "Authority "); and Measurement Specialties, Inc., a New Jersey corporation (the
"Developer "),
UII►I�I.Y.y�II11F
WHEREAS, pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, the
City has formed Development District No. 1 (the "Development District ") and has adopted a
development program therefor (the "Development Program "); and
WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through
469.1794, as amended (hereinafter, the "Tax Increment Act "), the Authority has created, within
the Development District, Tax Increment Financing District Nos. 1 -1 and 1 -6 (the "Tax
Increment Districts "), and has respectively adopted a tax increment financing plan therefor (the
"Tax Increment Financing Plans ") which provides for the use of tax increment financing in
connection with certain development within the Development District; and
WHEREAS, the reimbursement by the City of costs of the Project incurred by the
Developer for a redevelopment project are objectives of the Development Program and the Tax
Increment Financing Plans; and
WHEREAS, in order to achieve the objectives of the Development Program and
particularly to make the land in the Development District available for development by private
enterprise in conformance with the Development Program, the City has determined to reimburse
the Developer for costs of a Project and Parking Lot incurred by the Developer; and
WHEREAS, in order to achieve the objectives of the Development Program and
particularly to make the land in the Development District available for development by private
enterprise in conformance with the Development Program, the City has determined to assist the
Developer with the financing of certain costs of a Project and Parking Lot (as hereinafter
defined) to be constructed within the Development District as more particularly set forth in this
Agreement; and
WHEREAS, the City and Authority believe that the development and construction of the
Project, and fulfillment of this Agreement are vital and are in the best interests of the City, the
health, safety, morals and welfare of residents of the City, and in accordance with the public
purpose and provisions of the applicable state and local laws and requirements under which the
Project has been undertaken and is being assisted; and
WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section
116J.993 through 116J.995, apply to this Agreement; and
WHEREAS, the City has adopted criteria for awarding business subsidies that comply
with the Business Subsidy Law, after a public hearing for which notice was published; and
5664531v2
WHEREAS, the Council has approved this Agreement as a subsidy agreement under the
Business Subsidy Law;
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
5664531x2
r11:7111caaaI
DEFINITIONS
Section LL Definitions. All capitalized terms used and not otherwise defined herein
shall have the following meanings unless a different meaning clearly appears from the context:
Agreement means this Agreement, as the same may be from time to time modified,
amended or supplemented;
Assessment Agreement means the agreement, in substantially the form of the agreement
contained in Exhibit B attached hereto and hereby made a part of this Agreement, among the
Developer, the City and the Assessor for the County, entered into pursuant to Article III of this
Agreement;
Assessor's Minimum Market Value means the agreed minimum market value of the
Development Property and for calculation of real property taxes as determined by the Assessor
for the County pursuant to the Assessment Agreement;
Authority means the Andover Economic Development Authority;
Business Day means any day except a Saturday, Sunday or a legal holiday or a day on
which banking institutions in the City are authorized by law or executive order to close;
City means City of Andover, Minnesota;
Developer means Measurement Specialties, Inc., a New Jersey corporation, its successors
and assigns;
Development District means the real property described in the Development Program;
Development Program means the development program approved in connection with the
Development District;
Development Pro >I ert X means the real property described in Exhibit A attached to this
Agreement;
Legal and Administrative Expenses means the fees and expenses incurred by the City in
connection with the adoption and administration of the Tax Increment Financing Plan, the
preparation of this Agreement and the recording of the Assessment Agreement;
Event of Default means any of the events described in Section 4.1 hereof;
Methane Gas Protection System means a 40 mil polyurethane material gas barrier that
will be placed under the foundation of the Project;
Parking Agreement means the Permanent Ingress /Egress and Parking Easement
Agreement dated between the City and the Developer;
3
566453Iv2
Parking Lot the parking lot described in the Parking Agreement;
Project means the construction of an approximate 25,000 square foot manufacturing
facility on the Development Property in the City;
State means the State of Minnesota;
Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.1794, as
amended;
Tax Increment Districts means Tax Increment Financing District No. 1 -1 and Tax
Increment Financing District No. 1 -6 located within the Development District;
Tax Increment Financing Plan lans means the tax increment financing plans approved for the
Tax Increment Districts by the City;
Tax Increments means the tax increments derived from the respective Tax Increment
Districts which have been received and retained by the City in accordance with the provisions of
Minnesota Statutes, Section 469.177; and
Termination Date means the earlier of (i) December 31, 2024, (ii) the date on which the
Tax Increment District No. 1 -6 expires or is otherwise terminated, or (iii) the date this
Agreement is terminated or rescinded in accordance with its terms.
4
5664531v2
ARTICLE II
REPRESENTATIONS AND WARRANTIES
Section 2.1. Representations and Warranties of the City. The City makes the following
representations and warranties:
(1) The City is a municipal corporation and has the power to enter into this
Agreement and carry out its obligations hereunder.
(2) The development contemplated by this Agreement is in conformance with the
development objectives set forth in the Development Program.
(3) The City makes no representation or warranty, either express or implied, as to the
Development Property or its condition or the soil conditions thereon, or that the Development
Property shall be suitable for the Developer's purposes or needs.
Section 2.2. Representations and Warranties of the Authority. The Authority makes
the following representations and warranties:
(1) The Authority is a body corporate and politic organized under the provisions of
the Constitution and laws of the State and has the power to enter into this Agreement and carry
out its obligations hereunder.
(2) The development contemplated by this Agreement is in conformance with the
development objectives set forth in the Development Program.
(3) The Authority makes no representation or warranty, either express or implied, as
to the Development Property or its condition or the soil conditions thereon, or that the
Development Property shall be suitable for the Developer's purposes or needs.
Section 2.3. Representations and Warranties of the Developer. The Developer makes
the following representations and warranties:
(1) The Developer is a New Jersey corporation and has the power to enter into this
Agreement and to perform its obligations hereunder and, is not in violation of its articles, bylaws,
or the laws of the State.
(2) The Developer will cause the Project and the Parking Lot to be installed in
accordance with the terms of this Agreement, the Development Program, and all local, state and
federal laws and regulations (including, but not limited to, environmental, zoning, energy
conservation, building code and public health laws and regulations).
(3) In the opinion of the Developer, the Project and the Parking Lot would not have
been economically feasible within the reasonably foreseeable future, without the assistance and
benefit to the Developer provided for in this Agreement.
(4) The Developer will use its best efforts to obtain, or cause to be obtained, in a
timely manner, all required permits, licenses and approvals, and will meet, in a timely manner,
5
5664531v2
all requirements of all applicable local, state, and federal laws and regulations which must be
obtained or met before the Project and the Parking Lot may be lawfully constructed.
(5) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provision of any contractual restriction, evidence of indebtedness,
agreement or instrument of whatever nature to which the Developer is now a party or by which it
is bound, or constitutes a default under any of the foregoing.
(6) The Developer will cooperate fully with the City and Authority with respect to
any litigation commenced with respect to the Project and the Parking Lot.
(7) The Developer will cooperate fully with the City and Authority in resolution of
any traffic, parking, trash removal or public safety problems which may arise in connection with
the construction of the Project and the Parking Lot.
(8) The construction of the Project will commence by November 1, 2013 and barring
Unavoidable Delays will be substantially completed by June 1, 2014.
(9) The construction of the Parking Lot will commence and be completed as provided
in the Parking Agreement.
3
566453lv2
ARTICLE III
UNDERTAKINGS BY DEVELOPER, AUTHORITY, AND CITY
Section 3.1. Reimbursement of Costs and Legal and Administrative Expenses.
(1) The costs of the Parking Lot shall be paid by the Developer. The City shall
reimburse the Developer for costs of the Parking Lot actually incurred and paid by the Developer
from Tax Increments derived from Tax Increment Financing District No. 1 -1 at the time and in
the amount set forth in the Parking Agreement. Prior to reimbursement of the costs of the
Parking Lot, the Developer shall submit to the City paid invoices for the costs of the Parking Lot.
The costs of the Methane Gas Protection System shall be paid by the Developer. The City shall
reimburse the Developer for up to $20,000 of the cost of the Methane Gas Protection System
from Tax Increments derived from Tax Increment Financing District No. 1 -1 upon completion of
the Project and the submission of paid invoices for the cost of the Methane Gas Protection
System.
(2) The Developer shall reimburse the City for its actual out of pocket Legal and
Administrative Expenses incurred in connection with the adoption of the Tax Increment
Financing Plan, the preparation of this Agreement and Assessment Agreement, which will not
exceed $16,000. The City shall provide the Developer with copies of the invoices for the Legal
and Administrative Expenses.
Section 3.2. Limitations on Undertaking of the City. Notwithstanding the provisions
of Sections 3.1, the City shall have no obligation to the Developer under this Agreement to
reimburse the Developer for the costs identified in Section 3.1, if the City, at the time or times
such payment is to be made, is entitled under Section 4.2 to exercise any of the remedies set forth
therein as a result of an Event of Default which has not been cured.
Section 3.3. Development Prol2ert y. The Authority agrees to sell the Developer the
Development Property for $50,000 in accordance with the provisions of a Purchase Agreement
to be prepared by the City attorney. The City shall reimburse itself for the land write down costs
of $452,100 from Tax Increments derived from Tax Increment Financing District No. 1 -6.
Section 3.4. Business Subsidies Act.
(1) In order to satisfy the provisions of Minnesota Statutes, Sections 116J.993 to
116J.995 (the 'Business Subsidies Act "), the Developer acknowledges and agrees that the
amount of the 'Business Subsidy" granted to the Developer under this Agreement is the value of
the Development Property conveyed to the Developer for at a write down of $452,100 and the
cost of the Parking Lot ($150,000) and the Methane Gas Protection System ($20,000) and that
the Business Subsidy is needed because the Project is not sufficiently feasible for the Developer
to undertake without the Business Subsidy. The Tax Increment Districts are redevelopment
districts and the public purpose of the Business Subsidy is to encourage the construction of
manufacturing facilities in the City. The Developer agrees that it will meet the following goals
(the "Goals ") in connection with the development of the Development Property. It will cause the
Developer to create at least six (6) full time jobs at an hourly wage and benefits totaling of at
least $15.00 per hour within two years from the 'Benefit Date ", which is the date the Developer
completes the Project.
7
5664S31v2
(2) If the Goals are not met, the Developer agrees to repay all or a part of the
Business Subsidy to the City, plus interest ( "Interest ") set at the implicit price deflator defined in
Minnesota Statutes, Section 275.70, Subdivision 2, accruing from and after the Benefit Date,
compounded semiannually. If the Goals are met in part, the Developer will repay a portion of
the Business Subsidy (plus Interest) determined by multiplying the Business Subsidy by a
fraction, the numerator of which is the number of jobs in the Goals which were not created at the
wage level set forth above and the denominator of which is six (6) (i.e. number of jobs set forth
in the Goals).
(3) The Developer agrees to (i) report its progress on achieving the Goals to the City
until the later of the date the Goals are met or two years from the Benefit Date, or, if the Goals
are not met, until the date the Business Subsidy is repaid, (ii) include in the report the
information required in Minnesota Statutes, Section 116J.994, Subdivision 7 on forms developed
by the Minnesota Department of Employment and Economic Development, and (iii) send
completed reports to the City. The Developer agrees to file these reports no later than March 1
of each year commencing March 1, 2014, and within 30 days after the deadline for meeting the
Goals. The City agrees that if it does not receive the reports, it will mail the Developer a
warning within one week of the required filing date. If within 14 days of the post marked date of
the warning the reports are not made, the Developer agrees to pay to the City a penalty of $100
for each subsequent day until the report is filed up to a maximum of $1,000.
(4) The Developer agrees to continue operations within the City for at least five (5)
years after the Benefit Date.
(5) There are no other state or local government agencies providing financial
assistance for the Project other than the City.
(6) There is no parent corporation of the Developer.
(7) The Developer certifies that it does not appear on the Minnesota Department of
Employment and Economic Development's list of recipients that have failed to meet the terms of
a business subsidy agreement.
Section 3.5. Parking Agreement. Simultaneously with the execution of this
Agreement, the Developer shall execute the Parking Agreement in the form prepared by the City
attorney.
Section 3.6. Execution of Assessment Agreement. Simultaneously with the execution
of this Agreement, the Developer and the City shall execute an Assessment Agreement pursuant
to the provisions of Minnesota Statutes, Section 469.177, Subdivision 8, specifying the
Assessor's Minimum Market Value for the Development Property and the Project for calculation
of real property taxes. Specifically, the Developer shall agree to a market value for the
Development Property and the Project which will result in a market value as of January 2, 2015
of not less than $2,647,500 until December 31, 2024 (such minimum market value at the time
applicable is herein referred to as the "Assessor's Minimum Market Value "). Nothing in the
Assessment Agreement shall limit the discretion of the Assessor to assign a market value to the
property in excess of such Assessor's Minimum Market Value nor prohibit the Developer from
seeking through the exercise of legal or administrative remedies a reduction in such market value
for property tax purposes, provided however, that the Developer shall not seek a reduction of
8
5664531v2
such market value below the Assessor's Minimum Market Value in any year so long as the
Assessment Agreement shall remain in effect. The Assessment Agreement shall remain in effect
until December 31, 2024. The Assessment Agreement shall be certified by the Assessor for
Anoka County as provided in Minnesota Statutes, Section 469.177, Subdivision 8, upon a
finding by the Assessor that the Assessor's Minimum Market Value represents a reasonable
estimate based upon the plans and specifications for the Project to be constructed on the
Development Property and the market value previously assigned to the Development Property.
Pursuant to Minnesota Statutes, Section 469.177, Subdivision 8, the Assessment Agreement shall
be filed for record in the office of the county recorder or registrar of titles of Anoka County, and
such filing shall constitute notice to any subsequent encumbrancer or purchaser of the
Development Property (or part thereof), whether voluntary or involuntary, and such Assessment
Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser
or encumbrancer, including the holder of any mortgage recorded against the Development
Property.
Section 3.7. Real Property Taxes. Prior to the Termination Date, the Developer shall
pay all real property taxes payable with respect to all and any parts of the Development Property
acquired and owned by it and pursuant to the provisions of the Assessment Agreement until the
Developers' obligations have been assumed by any other person pursuant to the provisions of this
Agreement or title to the Development Property is vested in another person.
The Developer agrees that prior to the Termination Date:
(1) It will not seek administrative review or judicial review of the applicability of any
tax statute relating to the ad valorem property taxation of real property contained on the
Development Property determined by any tax official to be applicable to the Project or the
Developer or raise the inapplicability of any such tax statute as a defense in any proceedings with
respect to the Development Property, including delinquent tax proceedings; provided, however,
"tax statute" does not include any local ordinance or resolution levying a tax;
(2) It will not seek administrative review or judicial review of the constitutionality of
any tax statute relating to the taxation of real property contained on the Development Property
determined by any tax official to be applicable to the Project or the Developer or raise the
unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent
tax proceedings with respect to the Development Property; provided, however, "tax statute" does
not include any local ordinance or resolution levying a tax;
(3) It will not seek any tax deferral or abatement, either presently or prospectively
authorized under Minnesota Statutes, Section 469.181, or any other State or federal law, of the
ad valorem property taxation of the Development Property between the date of execution of this
Agreement and the Termination Date.
9
5664531x2
ARTICLE IV
EVENTS OF DEFAULT
Section 4.1. Events of Default Defined. The following shall be "Events of Default"
under this Agreement and the term "Event of Default" shall mean whenever it is used in this
Agreement any one or more of the following events:
(a) Failure by the Developer to construct the Project and the Parking Lot in
accordance with the terms of this Agreement.
(b) Failure by the Developer to timely pay any ad valorem real property taxes
and special assessments levied against the Development Property and all public utility
charges and other City charges due and owing with respect to the Development Property.
(c) The holder of any mortgage on the Development Property or any
improvements thereon, or any portion thereof, commences foreclosure proceedings as a
result of any default under the applicable mortgage documents.
(d) If the Developer shall
(A) file any petition in bankruptcy or for any reorganization,
arrangement, composition, readjustment, liquidation, dissolution, or similar relief
under the United States Bankruptcy Act of 1978, as amended or under any similar
federal or state law; or
(B) make an assignment for the benefit of its creditors; or
(C) admit in writing its inability to pay its debts generally as they
become due; or
(D) be adjudicated a bankrupt or insolvent; or if a petition or answer
proposing the adjudication of the Developer, as a bankrupt or its reorganization
under any present or future federal bankruptcy act or any similar federal or state
law shall be filed in any court and such petition or answer shall not be discharged
or denied within sixty (60) days after the filing thereof; or a receiver, trustee or
liquidator of the Developer, or of the Project, or part thereof, shall be appointed in
any proceeding brought against the Developer, and shall not be discharged within
sixty (60) days after such appointment, or if the Developer, shall consent to or
acquiesce in such appointment.
(e) Failure of the Developer to observe or perform any other covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement.
Section 4.2. Remedies on Default. Whenever any Event of Default referred to in
Section 4.1 occurs and is continuing, the City or the Authority may take any one or more of the
following actions after the giving of thirty (3 0) days' written notice to the Developer, but only if
the Event of Default has not been cured within said thirty (30) days, or, if such Event of Default
10
5664531v2
cannot reasonably be cured within thirty (30) days, the Developer has not commenced to cure
and diligently pursued such cure to correction as soon as reasonably possible:
(a) The City and/or the Authority may suspend its performance under this
Agreement until it receives assurances from the Developer, deemed adequate by the City,
that the Developer will cure its default and continue its performance under this
Agreement.
(b) The City and /or the Authority may cancel and rescind the Agreement.
(c) The City and/or the Authority may take any action, including legal or
administrative action, in law or equity, which may appear necessary or desirable to
enforce performance and observance of any obligation, agreement, or covenant of the
Developer under this Agreement.
Section 4.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to
the City and the Authority is intended to be exclusive of any other available remedy or remedies,
but each and every such remedy shall be cumulative and shall be in addition to every other
remedy given under this Agreement or now or hereafter existing at law or in equity or by statute.
No delay or omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right and power
may be exercised from time to time and as often as may be deemed expedient.
Section 4.4. No Implied Waiver. In the event any agreement contained in this
Agreement should be breached by any party and thereafter waived by any other party, such
waiver shall be limited to the particular breach so waived and shall not be deemed to waive any
other concurrent, previous or subsequent breach hereunder.
Section 4.5. Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of
Default occurs and the City and the Authority shall employ attorneys or incur other expenses for
the collection of payments due or to become due or for the enforcement or performance or
observance of any obligation or agreement on the part of the Developer herein contained, the
Developer agrees that it shall, on demand therefor, pay to the City or the Authority the
reasonable fees of such attorneys and such other expenses so incurred by the City or the
Authority.
Section 4.6. Indemnification of City and the Authority.
(1) The Developer releases from and covenants and agrees that the City and the
Authority, their governing body members, officers, agents, including the independent
contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for
purposes of this Section, collectively the "Indemnified Parties ") shall not be liable for and agrees
to indemnify and hold harmless the Indemnified parties against any loss or damage to property or
any injury to or death of any person occurring at or about or resulting from any defect in the
Proj ect.
(2) Except for any willful misrepresentation or any willful or wanton misconduct of
the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now
and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit,
11
5664531v2
action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly
arising from the actions or inactions of the Developer (or if other persons acting on its behalf or
under its direction or control) under this Agreement, or the transactions contemplated hereby or
the acquisition, construction, installation, ownership, and operation of the Project.
(3) All covenants, stipulations, promises, agreements and obligations of the City and
the Authority contained herein shall be deemed to be the covenants, stipulations, promises,
agreements and obligations of the City and the Authority and not of any governing body
member, officer, agent, servant or employee of the City and the Authority.
12
566453142
ARTICLE V
ADDITIONAL PROVISIONS
Section 5.1. Restrictions on Use. The Developer agrees itself, its assigns and every
successor in interest to the Development Property, or any part thereof, that the Developer and
such assigns and successors shall operate, or cause to be operated, the Project as a manufacturing
facility and the Parking Lot in accordance with the terms of the Parking Agreement, and shall
devote the Development Property to, and in accordance with, the uses specified in this
Agreement.
Section 5.2. Conflicts of Interest. No member of the governing body or other official
of the City or the Authority shall have any financial interest, direct or indirect, in this Agreement,
the Development Property or the Project, or any contract, agreement or other transaction
contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such
member of the governing body or other official participate in any decision relating to the
Agreement which affects his or her personal interests or the interests of any corporation,
partnership or association in which he or she is directly or indirectly interested. No member,
official or employee of the City or the Authority shall be personally liable to the City or the
Authority in the event of any default or breach by the Developer or successor or on any
obligations under the terms of this Agreement.
Section 5.3. Titles of Articles and Sections. Any titles of the several parts, articles and
sections of the Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 5.4. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand or other communication under this Agreement by any party to any
other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally, and
(a) in the case of the Developer is addressed to or delivered personally to:
Measurement Specialties, Inc.
Attn: Bob Geiselman
15825 Central Avenue NE
Ham Lake, MN 55304
(b) in the case of the City and the Authority is addressed to or delivered
personally to the City and the Authority at:
City of Andover, Minnesota
Andover Economic Development Authority
Attn: City Administrator
1685 Crosstown Boulevard NW
Andover, MN 55304
13
5664531v2
With a copy to:
Briggs and Morgan, P.A.
Attention: Mary Ippel
W2200 First National Bank Building
332 Minnesota Street
St. Paul, MN 55101
or at such other address with respect to any such party as that party may, from time to time,
designate in writing and forward to the other, as provided in this Section.
Section 5.5. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 5.6. Law Governing. This Agreement will be governed and construed in
accordance with the laws of the State.
Section 5.7. Ex iry ation. This Agreement shall terminate February 1, 2025, unless
earlier terminated or rescinded in accordance with its terms.
Section 5.8. Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall
survive any rescission, termination or expiration of this Agreement with respect to or arising out
of any event, occurrence or circumstance existing prior to the date thereof.
Section 5.9. Assi ability of Agreement. This Agreement may be assigned only with
the written consent of the City and the Authority.
14
5664531v2
IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be
duly executed by their duly authorized representatives, on or as of the date first above written.
MEASUREMENT SPECIALTIES, INC.
By_
Its
This is a signature page to the Development Agreement by and between the City of Andover,
Minnesota, the Andover Economic Development Authority and Measurement Specialties, Inc.
S -1
5664531x2
CITY OF ANDOVER, MINNESOTA
IIn
Its Mayor
By
Its City Clerk
This is a signature page to the Development Agreement by and between the City of Andover,
Minnesota, the Andover Economic Development Authority and Measurement Specialties, Inc.
S -2
5664531v2
ANDOVER ECONOMIC DEVELOPMENT
AUTHORITY
Its President
MR
Its Executive Director
This is a signature page to the Development Agreement by and between the City of Andover,
Minnesota, the Andover Economic Development Authority and Measurement Specialties, Inc.
S -3
5664531v2
EXHIBIT A
LOCATION OF DEVELOPMENT PROPERTY
Lots 1 and 2, Block 1, Andover Station North
A -1
5664531v2
EXHIBIT B
ASSESSMENT AGREEMENT
THIS AGREEMENT, dated as of this 1 st day of October, 2013, is by and among the City
of Andover, Minnesota (the "City ") and Measurement Specialties, Inc., a New Jersey corporation
(the "Developer "), and the Anoka County Assessor (the "Assessor ").
WITNESSETH
WHEREAS, on or before the date hereof the City and Developer have entered into a
Development Agreement dated as of October 1, 2013 (the "Agreement ") regarding certain real
property located in the City (the "Development Property ") which property is legally described on
Exhibit A attached hereto and made a part hereof.
WHEREAS, it is contemplated that pursuant to said Agreement, the Developer will
construct an approximately 25,000 square foot manufacturing facility (the "Project ") on the
Development Property.
WHEREAS, the City and Developer desire to establish a minimum market value for the
Development Property and the improvements constructed or to be constructed thereon, pursuant
to Minnesota Statutes, Section 469.177, Subdivision 8.
WHEREAS, the Developer has acquired the Development Property.
WHEREAS, the City and the Assessor have reviewed plans and specifications for the
Project.
NOW, THEREFORE, the parties to this Agreement, in consideration of the promises,
covenants and agreements made by each to the other, do hereby agree as follows:
1. As of January 2, 2015 through and thereafter until December 31, 2024 the
minimum market value which shall be assessed for the Project shall be not less than $2,647,500.
2. The minimum market value herein established shall be of no further force and
effect and this Agreement shall terminate on December 31, 2024.
3. This Agreement shall be recorded by the City along with an attached copy of
Minnesota Statutes, Section 469.177, with the County Recorder of Anoka County, Minnesota.
The Developer shall pay all costs of recording.
4. The Assessor has reviewed the plans and specifications for the improvements and
the market value previously assigned to the land upon which the improvements are to be
constructed, and that the "minimum market value" as set forth above is reasonable.
5. Neither the preamble nor provisions of this Agreement are intended to, or shall
they be construed as, modifying the terms of the Agreement between the City and the Developer.
B -1
5664531v2
6. This Agreement shall inure to the benefit of and be binding upon the successors
and assigns of the parties.
IN WITNESS WHEREOF, the City, the Developer and the Assessor have caused this
Agreement to be executed in their names and on their behalf all as of the date set forth above.
CITY OF ANDOVER, MINNESOTA
(SEAL)
By
Its Mayor
By
Its City Clerk
STATE OF MINNESOTA )
ss
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
2013, by Mike Gamache, the Mayor and Jim Dickinson, the City Administrator
of the City of Andover on behalf of said City.
Notary Public
This Instrument Drafted By:
Briggs and Morgan, P.A.
2200 First National Bank Building
St. Paul, MN 55101
B -2
5664531v2
STATE OF MINNESOTA
COUNTY OF
2013,
MEASUREMENT SPECIALTIES, INC.
By
Bob Geiselman,
ss.
The foregoing instrument was acknowledged before me this
by Bob Geiselman, the of Measurement
corporation, on behalf of said corporation.
Notary Public
day of
Specialties, Inc., a
Signature page for Assessment Agreement by and between the City of Andover,
Minnesota, Measurement Specialties, Inc., and the Anoka County Assessor.
B -3
5664531v2
CERTIFICATION BY COUNTY ASSESSOR
The undersigned, having reviewed the plans and specifications for the improvements to
be constructed and the market value assigned to the land upon which the improvements are to be
constructed, and being of the opinion that the minimum market value contained in the foregoing
Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being
legally responsible for the assessment of the above described property, hereby certifies that the
market values assigned to such land and improvements are reasonable.
County Assessor for Anoka County
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
This instrument was acknowledged before me on 2013, by
, the County Assessor of Anoka County.
Notary Public
Signature page for Assessment Agreement by and between the City of Andover,
Minnesota, Measurement Specialties, Inc., and the Anoka County Assessor.
B -4
566453tv2
EXHIBIT A TO ASSESSMENT AGREEMENT
LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY
Lots 1 & 2, Block 1, Andover Station North
B -5
5664531v2
I z t
C I T Y 0 F Iq
ANDOVE,4
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.AN DOVE R.MN.US
TO:
FROM:
SUBJECT
DATE:
Mayor and Councilmembers
Jim Dickinson, City Administrator
Administrator's Report
October 1, 2013
The City Administrator and Department Heads present will provide a brief verbal update on
various items of interest to the City Council and to the residents at the meeting. Listed below are
a few areas of interest:
1. Administration & City Department Activities
2. Update on Development/CIP Projects
3. Meeting reminders
Upon receipt of the meeting packet, if a member of the Council would like an update on a
particular item, please notify me so an adequate update can be made.
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV
TO: Mayor & Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Supplemental Agenda Item for October 1, 2013 City Council Workshop
DATE: October 1, 2013
The City Council is requested to receive the following supplemental information.
Consent Items
Add -On Item. Approve Change Order #1/12 -31 /Sports Complex/3535 — 161St Avenue NW
(Supplemental) - Engineering
Add -On Item. Accept Resignation of Andrew Liska, Associate Planner (Supplemental) -
Administration
t C I T Y •
LYDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
TO: Mayor and Council Members
CC: Jim Dickinson, City Administi
FROM: David D. Berkowitz, Director
Engineer
SUBJECT: Approve Change Order #1/12 -31 /Sports Complex/3535 — 1615' Avenue NW
(Supplemental) - Engineering
DATE: October 1, 2013
INTRODUCTION
The City Council is requested to approve Change Order No. 1 for Project 12 -31, Sports Complex /3535
— 161 St Avenue NW.
DISCUSSION
Matt Bullock Contracting Co., Inc. has requested a final completion date extension due to additional
project coordination with Public Works and other contracts the City has for site work. The current
final completion date is October 1, 2013. The requested final completion date is October 15, 2013.
Staff has reviewed the request and recommends approval.
ACTION
The City Council is requested to approve the attached resolution for Change Order #1 for Project 12-
31, Sports Complex /3535 — 161St Avenue NW.
Respectfully submitted,
David D. Berkowitz
Attach: Resolution, hange Order & Letter from Contractor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 12 -31,
SPORTS COMPLEX/3535 — 161ST AVENUE NW.
WHEREAS, the City of Andover has a contract for Project No. 12 -31,
Sports Complex/3535 — 161St Avenue NW with Matt Bullock Contracting
Co., Inc. of St. Michael, MN.
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order #1 to Project No. 12 -31.
Adopted by the City Council of the City of Andover this 1 St day of
October 2013.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache — Mayor
Michelle Hartner — Deputy City Clerk
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 . WWW.AN DOVE RMN.GOV
CHANGE ORDER
Andover, MN October 1 2013. Change Order No. 1
To Matt Bullock Contracting Co.. Inc.
For Project 12 -31, Sports Complex/3535 —161" Avenu NW
For City of Andover
You are hereby directed to make the following change to your contract dated June 10, 2013. The change .
and the work affected thereby is subject to all contract stipulations and covenants. This change order will
(iIeFease) (deez ease) (no change) the contract sum by 0A0 Dollars.
Due to coordination of work with Public Works Staff and other contracts, the contractor has requested an
extension of the project completion date. This Change Order hereby revises the Final Completion Date
from October 1, 2013 to October 15, 2013.
Amount of Original Contract $ 742,852.00
Additions approved to date (Change Order # _ ) $ 0.00
Deductions approved to date (Nos. ) $ 0.00
Contract amount to date $ 742,852.00
Amount of this Change Order (Add) (Deduet) (N&Qteage) $ 0.00
Revised Contract Amount $ 742,852.00
Approval City of Andover
im
Name / Title
Signature
Date
Approval Matt Bullock Contracting Co. Inc.
Contractor
By RANDL4 t. " zjwcs
Name i
ignature Date
MATT BULLOCK CONTRACTING COMPANY, INC.
14233 — 42nd Street N.E. • PO Box 514 • St. Michael, MN 55376
PHONE: (763) 497 -2880 • FAX: (763) 497 -3954
September 27, 2013
City of Andover
Attn: David D. Berkowitz
1685 Crosstown Boulevard N. W.
Andover, MN. 55304
Re: Project 12 -31, Sports Complex/3535 — 161s Avenue NW
Mr. Berkowitz,
In response to your letter dated September 25, 2013 regarding the completion
date and a right to pursue liquidated damages, we would like at this time request
that the completion date be extended to the 15th of October.
Due to delays that were beyond our control as identified on Page 47, Article 12,
Section 12.03 of the Standard General Conditions of the Construction Contract.
We feel this a reasonable request based on the numerous others performing
work employed directly by the owner and the coordination and scheduling that
needed to be achieved in order to complete this project that caused delays.
This is in no way to grant us any leniency to complete the project, we only ask
that you allow us some extra time to complete the project and address any punch
list items with out penalty.
Sincerely,
Randy L. Marsh
MATT BULLOCK CONTRACTING CO., INC.
Cc: Jake Knutson, Engineering Technician
Jason Amberg, WSB
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: James Dickinson City Administrator
FROM: Dana Makinen, Human Resources Manag
SUBJECT: Accept Resignation of Andrew Liska, Associate Planner
DATE: October 1, 2013
INTRODUCTION
This item is to acknowledge the resignation of Andrew Liska, Associate Planner.
DISCUSSION
Andrew's last day with the City of Andover will be October 11, 2013. He accepted a position
with the City of Minneapolis which is approximately 2 miles away from his home. Andrew has
been working for the City of Andover for the last 3 years.
The Human Resources department would like to advertise and recruit candidates for this position.
The Associate Planner position is the primary person responsible for all Code Enforcement and
Single Family Rentals in the City.
BUDGETIMPACT
None. This was already identified in the 2013 Budget.
ACTION REQUESTED
The City Council is requested to acknowledge the resignation of Andrew Liska and authorize
Human Resources to begin recruitment for a new Associate Planner.
Respectfully submitted,
Dana Makinen