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HomeMy WebLinkAbout20132013 Resolutions Res. # Subject Date Recorded Number 001 -13 Application for 2013 community development block grant funds 01/02/13 002 -13 MN Joint Powers Agreement with the City of Andover/behalf of its City Attorney and Police Department 01/02/13 003 -13 Approve Northwest Anoka County Community Consortium Joint Powers Agreement 01/02/13 004 -13 Feasibility report/project 13- 2/2013 Street Reconstruction 01/02/13 005 -13 Designate depositories of city funds/supplemental depositories/for investment purposes only 01/02/13 006 -13 Accept feasibility report/project 12-28/Nightingale Street Reconstruction 01/15/13 007 -13 Designate City of Andover Board of Appeal and Equalization 01/15/13 008 -13 Conditional use permit/automotive service station/1716 Bunker Lake Blvd. 01/15/13 5/17/13 5151876. 001 009 -13 Amended Conditional Use Permit/16563 Hanson Blvd. 01/15/13 2/8/13 2050355. 006 010 -13 Modify City of Andover resolution R005-13/designating depositories of city funds 02/05/13 011 -13 Order improvement/project 13- 2/2013 Street Reconstruction/Sten uist Addition & 159" Ave. 02/05/13 012 -13 Grant vacation of easement/Walmart 02/05/13 013 -13 Approve final plat Walmart 02/05/13 014 -13 Order feasibility report/project 13 -17 /Storm Sewer Pipe Extension/4038-153d 02/19/13 015 -13 Order improvement/project 12 -28/Ni hin ale Street Reconstruction 02/19/13 016 -13 Amend Special Use /Conditional Use /outdoor display/Downtown Center 02/19/13 2/28/13 2051940. 004 017 -13 Order improvement/Phase l/ project 12 -31 /Sports Complex/3535-16 I' Ave. 02/19/13 018 -13 Anoka County Rum River Regional Trail support 03/05/13 019 -13 Approve final plans andspecs/project 11- 47/173`d Lane, Heather St., & 174th Ave./ ravel road paving 03/19/13 020 -13 Accept bids/ project 134/2013 Seal Coating 03/19/13 021 -13 Reimbursement/Communi Center Expansion 03/19/13 022 -13 Reimbursement/2013 Equipment Purchase/Fire Ladder Truck 03/19/13 023 -13 Contribution/John & Judy Hennen/Fire Department 03/19/13 024 -13 Premises permit/Andover Huskies Youth Hockey/Lawful Gambling/The Bean Coffee Wine Caf6 03/19/13 025 -13 Preliminary Plat/Hickory Meadows 2 "d Addition 03/19/13 026 -13 Accept feasibility study/project 13 -17 /storm sewer pipe extension/4038 -153`d Lane 04/02/13 027 -13 Accept contribution/ project 12 -31 /S orts Com lex/3535 -161x` Ave./North Metro Soccer Association 04/16/13 028 -13 Request speed study/ 165`h Ave. west of 7t Ave. 04/16/13 029 -13 Approve classification and sale of forfeited ro erties/27- 32- 24 -31- 0007 /27- 32- 24 -42- 0001/27- 32- 24 -43- 0001/27- 32 -24 -44 -0001 04/16/13 030 -13 Accept bids/ Projects 11 -47m 173`d Lane, Heather St., 174th Ave. & 13 -08, 2013 curb repairs 04/16/13 031 -13 Grant vacation of easement/17446 Butternut St. 04/16/13 4124/13 2056836. 004 032 -13 Grant vacation of easement/17480 Butternut St. 04/16/13 4/24/13 2056836. 005 033 -13 Approve final plans/ project 12-28/Nightingale Street reconstruction 05/07/13 034 -13 Approve final plans/ project 13- 02/2013 street reconstruction 05/07/13 2013 Resolutions Res. # Subject Date Recorded Number 001 -13 Application for 2013 community development block grant funds 01/02/13 002 -13 MN Joint Powers Agreement with the City of Andover/behalf of its City Attorney and Police Department 01/02/13 003 -13 Approve Northwest Anoka County Community Consortium Joint Powers Agreement 01/02/13 004 -13 Feasibility report/project 13- 2/2013 Street Reconstruction 01/02/13 005 -13 Designate depositories of city funds/supplemental depositories/for investment purposesonly 01/02/13 006 -13 Accept feasibility report/project 12-28/Nightingale Street Reconstruction 01/15/13 007 -13 Designate City of Andover Board of Appeal and Equalization 01/15/13 008 -13 Conditional use permit/automotive service station/1716 Bunker Lake Blvd. 01/15/13 5/1753 5151876. 001 009 -13 Amended Conditional Use Permit/16563 Hanson Blvd. 01/15/13 2/8/13 2050355. 006 010 -13 Modify City of Andover resolution R005-13/designating depositories of city funds 02/05/13 011 -13 Order improvement/project 13- 2/2013 Street Reconstruction/Sten uist Addition & 1590 Ave. 02/05/13 012 -13 Grant vacation of easement/Walmart 02/05/13 013 -13 Approve final plat Walmart 02/05/13 014 -13 Order feasibility report/project 13 -17 /Storm Sewer Pipe Extension/4038 -1537 Lane 02/19/13 015 -13 Order improvement/project 12 -28/Ni hin ale Street Reconstruction 02/19/13 016 -13 Amend Special Use /Conditional Use /outdoor display/Downtown Center 02/19/13 2/28/13 2051940. 004 017 -13 Order improvement/Phase I/ project 12 -31/Sports Complex/3535-16 I" Ave. 02/19/13 018 -13 Anoka County Rum River Regional Trail support 03/05/13 019 -13 Approve final plans andspecs/project 11- 47/173` Lane, Heather St., & 17e Ave./ gravel road paving 03/19/13 020 -13 Accept bids/project 13-4/2013 Seal Coating 03/19/13 021 -13 Reimbursement/Community Center Expansion 03/19/13 022 -13 Reimbursement/2013 Equipment Purchase/Fire Ladder Truck 03/19/13 023 -13 Contribution/John & Judy Hennen/Fire Department 03/19/13 024 -13 Premises permit/Andover Huskies Youth Hockey/Lawful Gambling/The Bean Coffee Wine Cafe 03/19/13 025 -13 Preliminary Plat/Hickory Meadows 2" Addition 03/19/13 026 -13 Accept feasibility study/project 13 -17 /storm sewer pipe extension/4038-153d 04/02/13 027 -13 Accept contribution/ ro'ect 12 -31 /S orts Com lex/3535 -1615` Ave. /North Metro Soccer Association 04/16/13 028 -13 Request speed study/ 165 Ave. west of Ave. 04/16/13 029 -13 Approve classification and sale of forfeited ro erties/27- 32- 24 -31- 0007 /27- 32- 24 -42- 0001 /27- 32- 24 -43- 0001/27- 32 -24 -44 -0001 04/16/13 030 -13 Accept bids/ projects 11 -47m 173d Heather St., 174th Ave. & 13 -08, 2013 curb repairs 04/16/13 031 -13 Grant vacation of easement/17446 Butternut St. 04/16/13 4/24/13 2056836. 004 032 -13 Grant vacation of easement/17480 Butternut St. 04/16/13 4/24/13 2056836. 005 033 -13 Approve final plans/ project 12-28/Nightingale Street reconstruction 05/07/13 034 -13 Approve final plans/ project 13- 02/2013 street reconstruction 05/07/13 2013 Resolutions 035 -13 Approve final plans/ project 12-31/Sports Complex/3535-161" Ave. 05/07/13 036 -13 Establish parking restrictions/Nightingale St. from Crosstown Blvd. to 16V Ave. 05/07/13 037 -13 Establish municipal state aid streets 05/21/13 038 -13 Revoking municipal state aid streets 05/21/13 039 -13 Support grant application/Anoka Dam/Rum River /Asian Carp barrier 05/21/13 040 -13 Approve final plans andspecs/project 12 -31 /Sports Complex/3535-161" Ave. 05/21/13 041 -13 Final plat/Miller's Woods 4 Addition 05/21/13 042 -13 Accept contribution/ project 12 -31 /Sports Complex/3535-161" Ave. /Andover Football Association 05/21/13 043 -13 Conditional use permit/temporary dock Rum River /15238 -7 Ave./Peter Miller & Patricia Rysdam 05/21/13 6/7/13 516329.0 02 044 -13 Conditional use permit/mining and land reclamation/ 1 4259-7 Ave. 05/21/13 6/7/13 2060636. 007 045 -13 Modify Planned Unit Development standards/Parkside at Andover Station 05/21/13 046 -13 Award bid/ project 12-28Nightingale St. reconstruction 06/04/13 047 -13 Accept bids/ project 13- 02/2013 street reconstruction 06/04/13 048 -13 Change order #I/ project 13- 4/2013 seal coating, to complete 2013 crack seal project 06/04/13 049 -13 Accept bids/ project 12 -31 /sports complex/3535-16 I't Ave. 06/04/13 050 -13 Accept bids/ project 12 -31 /sports complex/3535-16 I't Ave. /well 06/18/13 051 -13 Final plans/ project nos. 13 -7 & 13- 12/2013 trail maintenance and 2013 parking lot maintenance 06/18/13 052 -13 Final plans/ project 12- 31/3535 -1615 Ave./sports com lex/Connexus Energy proposal for lighting 06/18/13 053 -13 Grant vacation of easements /Andover Station 2" Addition 06/18/13 8/26/13 518438.0 02 054 -13 Approve final lat/Parkside at Andover Station 0 Addition 06/18/13 055 -13 Declare cost/ project 13- 17/4038 -153` Lane /storm sewer pipe extension 07/02/13 056 -13 Accept quotes/ project 13 -07 & 13- 12/2013 trail and parking lot maintenance 07/02/13 057 -13 Order quotes/ project 13 -26 /Quinn St. sidewalk construction 07/02/13 058 -13 Approve change order #I/ project 11- 47/174 Ave./Heather St./173d Lane 07/02/13 059 -13 Abatement of special assessment/33- 32 -24 -13 -0015 07/02/13 060 -13 Commencement of renewal proceedings under the Federal Cable Act 07/02/13 061 -13 Adopt assessment roll/ project 13- 17/4038 -153` Lane /storm sewer pipe extension 07/16/13 062 -13 Declare costs/ project I1 -10 /South Coon Creek Dr. reconstruction 07/16/13 063 -13 Amend resolution R194-04/preliminary plat & PUD/Country Oaks West/JABBS Development 07/16/13 064 -13 Conditional Use Permit/15955 Drake St./Kim Coleman/Home Beauty Salon 07/16/13 8/8/13 2066286. 001 065 -13 Proposed assessment/ project 11 -10 /S. Coon Creek Dr. reconstruction 08/05/13 066 -13 Accept bids/ project 13 -30 /roof replacements 08/05/13 067 -13 Approve preliminary plat/Cather's Creek 08/05/13 068 -13 Public hearing/proposed establishment Tax Increment Financing District No. 1 -6 08/20/13 069 -13 Vacation of easement/Lot 12, Block 3 Kensington Estates 08/20/13 9/5/13 2068256. 001 2013 Resolutions 070 -13 Conditional Use Permit/subordinate classroom structure/ 16045 Nightingale St. 08/20/13 9/5/13 2068256. 002 071 -13 Conditional Use Permit/beauty salon/1640 -155 Lane 08/20/13 9/5/13 2068256. 003 072 -13 Variance /15511 Juniper St. 08/20/13 073 -13 Variance /15873 Linnet St. 08/20/13 074 -13 Order assessment roll/ project 13-32/sanitary sewer repair/13900 Goldenrod St. 09/03/13 075 -13 Adopt assessment roll/sewer availability & water and sewer connection/13797 Jay St. 09/03/13 076 -13 Adopt assessment roll/ project 11 -10 /S. Coon Creek Dr. reconstruction/excluding 2530 S. Coon Creek Dr. 09/03/13 077 -13 2014 proposed property tax levy 09/03/13 078 -13 Certified bonded indebtedness for 2014 09/03/13 079 -13 Declare cost/preparation of assessment roll/ project 12-28/Nightingale St. reconstruction 09/17/13 080 -13 Declare cost/preparation of assessment roll/ project 11- 14/174 Ave., Heather St., & 173` Lane 09/17/13 081 -13 Adopt assessment roll/ project 13-32/sanitary sewer repair/13900 Goldenrod St. 09/17/13 082 -13 Adopt amended assessment roll/ project 11- 10/2530 S. Coon Creek Dr. /reconstruction 09/17/13 083 -13 Accept contribution/tree planting or landscaping ro'ect/Mickman Brothers 09/17/13 084 -13 Public hearing/proposed assessment/ project 12-28/Nightingale St. reconstruction 10/01/13 085 -13 Public hearing/proposed assessment/ project 11- 47/174 Ave., Heather St., & 173` Lane street improvements 10/01/13 086 -13 Request a speed stud Bunker Lake Blvd. from Hanson Blvd. to CrosstownBlvd. 10/01/13 087 -13 Declare cost/preparation of assessment roll/2013 delinquent services 10/01/13 088 -13 Adopt modification /district no. I /establishing TIF district 1 -6 10/01/13 089 -13 Authorize interfund loan /TIF district 1 -6 10/01/13 090 -13 Authorize execution of development agreement/Measurement Specialties Inc. 10/01/13 091 -13 Changer order #I/ project 12 -31 /Sports Complex/3535-16 I" Ave. 10/01/13 092 -13 Accept feasibility report/approve assessment roll/ project 13- 37/2151 & 2153 -140 Lane /water main 10/15/13 093 -13 1 2014 -2018 Capital Improvement Plan 10/15/13 094 -13 Amend Comprehensive Land Plan/83 acres/MUSA area 10/15/13 095 -13 Lot split/two parcels /15873 Linnet St. 10115113 11/08/13 2072634. 001 096 -13 Approve 40 mph speed limit/165 Ave. between Argon St. and County Road 7 11/05/13 097 -13 Grant vacation of easement/Outlot A Parkside at Andover Station 11/05/13 11/25/13 520464.0 01 098 -13 Grant vacation of easement/Lot 5, Block 2, Indian Meadows 11/05/13 11/21/13 2073363. 008 099 -13 Adopt assessment roll/2013 delinquent services and/or miscellaneous abatement fees 11/05/13 100 -13 Adopt assessment roll/ project 12-28/Nightingale Street Reconstruction 11/05/13 101 -13 Adopt assessment roll/ project 11- 47/174 Ave., Heather St., & 173` Lane /street improvements 11/05/13 102 -13 Accept contribution/Andover High School Fastpitch Booster Club/Eveland Fields 11/19/13 103 -13 Authorize the City of Andover to participate in the Anoka County multijurisdictional Hazard Mitigation Plan 11/19/13 104 -13 Establish reimbursement bond regulations under the internal revenue code 11/19/13 2013 Resolutions 105 -13 Conditional Use Permit/antenna installationNerizon Wireless /1717 Crosstown Blvd. 11/19/13 12/3/13 2073937. 007 106 -13 Conditional Use Permit/antenna installationNerizon Wireless /14057 Rose St. 11/19/13 12/9/13 2074333. 006 107 -13 Designate no parking/Millers Woods Fourth Addition 12/03/13 108 -13 Adopt assessment roll/ project 13- 37/2151 & 2153 -140 Lane 12/03/13 109 -13 Order feasibility report/project 14- 2/2014 Street Reconstruction 12/03/13 110 -13 1 Order plans/ project 14- 3/2014 Crack Sealing 12/03/13 111 -13 Order improvement/project 14- 4/2014 Seal Coating 12/03/13 112 -13 Order improvement/project 14- 7/2014 Trail Maintenance 12/03/13 113 -13 Order improvement/project 14- 8/2014 Curb, Sidewalk, & Pedestrian Ram Repairs 12/03/13 114 -13 Order improvement/project 14- 14/Prairie Knoll Park Parking Lot Improvements 12/03/13 115 -13 Request withholding from sale /tax forfeited properties/23-32-24-21-0075 & 26- 32 -24 -41 -0040 12/03/13 116 -13 Cost of living wage adjustments for nonbargaining employees 12/17/13 117 -13 Order feasibility report/project 12- 37A/Andover Blvd. & Crosstown Blvd. turn lane improvements 12/17/13 118 -13 Order improvement/project 14-10 /Station Parkway reconstruction 12/17/13 119 -14 Order improvement/project 14- 11/Prairie Road overlay 12/17/13 120 -13 Accept contribution made to the City of Andover Fire De artment/WaWart 12/17/13 121 -13 Approve Conditional Use Permit/in -home therapeutic massage services /13847 Raven St. 12/17/13 122 -13 2014 Budget an d 2014 Property Tax Levy to be certified to the County Auditor 12/17/13 123 -13 Certified Bonded Indebtedness for 2014 12/17/13 124 -13 Change order #1/project 12 -31 /Sports Complex/3535-16 I " Ave. 12/17/13 2 2013 Resolutions 035 -13 Approve final plans/ project 12-31/Sports Complex/3535-161" Ave. 05/07/13 036 -13 Establish parking restrictions/Nightingale St. from Crosstown Blvd. to 161" Ave. 05/07/13 037 -13 Establish municipal state aid streets 05/21/13 038 -13 Revoking municipal state aid streets 05/21/13 039 -13 Support grant application/Anoka Dam/Rum River /Asian Carp barrier 05/21/13 040 -13 Approve final plans andspecs/project 12 -31 /Sports Complex/3535-16 I't Ave. 05/21/13 041 -13 Final plat/Miller's Woods 4 " Addition 05/21/13 042 -13 Accept contribution/project 12-31/Sports Complex/3535-161" Ave. /Andover Football Association 05/21/13 043 -13 Conditional use permit/temporary dock Rum River /15238 -7 Ave./Peter Miller & Patricia Rysdam 05/21/13 6/7/13 516329.0 02 044 -13 Conditional use permit/mining and land reclamation/ 14259 -76 Ave. 05/21/13 6/7/13 2060636. 007 045 -13 Modify Planned Unit Development standards/Parkside at Andover Station 05/21/13 046 -13 Award bid/project 12-28/Nightingale St. reconstruction 06/04/13 047 -13 Accept bids/pro ect 13- 02/2013 street reconstruction 06/04/13 048 -13 Change order #I/ project 13- 4/2013 seal coating, to complete 2013 crack seal project 06/04/13 049 -13 Accept bids/ project 12 -31 /sports complex/3535-161't Ave. 06/04/13 050 -13 Accept bids/ project 12 -31 /sports complex/3535-161" Ave. /well 06/18/13 051 -13 Final plans/ project nos. 13 -7 & 13- 12/2013 trail maintenance and 2013 parking lot maintenance 06/18/13 052 -13 Final plans/ project 12- 31/3535 -16151 Ave./sports com lex/Connexus Energy proposal for lighting 06/18/13 053 -13 Grant vacation of easements /Andover Station 2" Addition 06/18/13 8/26/13 518438.0 02 054 -13 Approve final lat/Parkside at Andover Station 4' Addition 06/18/13 055 -13 Declare cost/ project 13- 17/4038 -153`d Lane /storm sewer pipe extension 07/02/13 056 -13 Accept quotes/ project 13 -07 & 13- 12/2013 trail and parking lot maintenance 07/02/13 057 -13 Order quotes/ project 13-26/Quinn St. sidewalk construction 07/02/13 058 -13 Approve change order #I/ project 11- 47/1741h Ave./Heather St. /173`d Lane 07/02/13 059 -13 Abatement of special assessment/33- 32 -24 -13 -0015 07/02/13 060 -13 Commencement of renewal proceedings under the Federal Cable Act 07/02/13 061 -13 Adopt assessment roll/ project 13- 17/4038 -153`d Lane /storm sewer pipe extension 07/16/13 062 -13 Declare costs/ project 11 -10 /South Coon Creek Dr. reconstruction 07/16/13 063 -13 Amend resolution R194-04/preliminary plat & PUD/Country Oaks West/JABBS Development 07/16/13 064 -13 Conditional Use Permit/15955 Drake St./Kim Coleman/Home Beauty Salon 07/16/13 8/8/13 2066286. 001 065 -13 Proposed assessment/ project 11 -10 /S. Coon Creek Dr. reconstruction 08/05/13 066 -13 Accept bids/ project 13 -30 /roof replacements 08/05/13 067 -13 Approve preliminary plat/Cather's Creek 08/05/13 068 -13 Public hearing/proposed establishment Tax Increment Financing District No. 1 -6 08/20/13 069 -13 Vacation of easement/Lot 12, Block 3 Kensington Estates 08/20/13 9/5/13 2068256. 001 2013 Resolutions 070 -13 Conditional Use Permit/subordinate classroom structure /16045 Nightingale St. 08/20/13 9/5/13 2068256. 002 071 -13 Conditional Use Permit/beauty salon/1640 -155`" Lane 08/20/13 9/5/13 2068256. 003 072 -13 Variance /15511 Juniper St. 08/20/13 073 -13 Variance /15873 Linnet St. 08/20/13 074 -13 Order assessment roll/ project 13-32/sanitary sewer repair/13900 Goldenrod St. 09/03/13 075 -13 Adopt assessment roll/sewer availability & water and sewer connection/13797 Jay St. 09/03/13 076 -13 Adopt assessment roll/ project 1.1 -10 /S. Coon Creek Dr. reconstruction/excluding 2530 S. Coon Creek Dr. 09/03/13 077 -13 2014 proposed property tax levy 09/03/13 078 -13 Certified bonded indebtedness for 2014 09/03/13 079 -13 Declare cost/preparation of assessment roll/ project 12 -28/Ni htin ale St. reconstruction 09/17/13 080 -13 Declare cost/preparation of assessment roll/ project 11- 14/174 Ave., Heather St., & 173`d Lane 09/17/13 081 -13 Adopt assessment roll/ project 13-32/sanitary sewer repair/13900 Goldenrod St. 09/17/13 082 -13 Adopt amended assessment roll/ project 11- 10/2530 S. Coon Creek Dr. /reconstruction 09/17/13 083 -13 Accept contribution/tree planting or landscaping ro'ect/Mickman Brothers 09/17/13 084 -13 Public hearing/proposed assessment/ project 12-28/Nightingale St. reconstruction 10/01/13 085 -13 Public hearingJproposed assessment/ project 11- 47/174' Ave., Heather St., & 173d street improvements 10/01/13 086 -13 Request a speed stud Bunker Lake Blvd. from Hanson Blvd. to Crosstown Blvd. 10/01/13 087 -13 Declare cost/preparation of assessment roll/2013 delinquent services 10/01/13 088 -13 Adopt modification/district no. 1 /establishing TIF district 1 -6 10/01/13 089 -13 Authorize interfund loan/TIF district 1 -6 10/01/13 090 -13 Authorize execution of development agreement/Measurement Specialties Inc. 10/01/13 091 -13 Changer order #I/ project 12 -31 /Sports Complex/3535-161't Ave. 10/01/13 092 -13 Accept feasibility reportlapprove assessment roll/ project 13- 37/2151 & 2153 -140 Lane /water main 10/15/13 093 -13 2014 -2018 Capital Improvement Plan 10/15/13 094 -13 Amend Comprehensive Land Plan/83 acres/MUSA area 10/15/13 095 -13 Lot split/two parcels /15873 Linnet St. 10/15/13 11/08/13 2072634. 001 096 -13 Approve 40 mph speed limit/ 1 65h Ave. between Argon St. and County Road 7 11/05/13 097 -13 Grant vacation of easement/Outlot A Parkside at Andover Station 11/05/13 11/25/13 520464.0 01 098 -13 Grant vacation of easement/Lot 5, Block 2, Indian Meadows 11/05/13 11/21/13 2073363. 008 099 -13 Adopt assessment roll/2013 delinquent services and/or miscellaneous abatement fees 11/05/13 100 -13 Adopt assessment roll/ project 12-28/Nightingale Street Reconstruction 11/05/13 101 -13 Adopt assessment roll/ project 11- 47/174' Ave., Heather St., & 173`d Lane /street improvements 11/05/13 102 -13 Accept contribution/Andover High School Fastpitch Booster Club/Eveland Fields 11/19/13 103 -13 Authorize the City of Andover to participate in the Anoka County multi - jurisdictional Hazard Mitigation Plan 11/19/13 104 -13 Establish reimbursement bond regulations under the internal revenue code 11/19/13 2013 Resolutions 105 -13 Conditional Use Permit/antenna installationNerizon Wireless /1717 Crosstown Blvd. 11/19/13 12/3/13 2073937. 007 106 -13 Conditional Use Permit/antenna installationNerizon Wireless /14057 Rose St. 11/19/13 12/9/13 2074333. 006 107 -13 Designate no parking/Millers Woods Fourth Addition 12/03/13 108 -13 Adopt assessment roll/ project 13- 37/2151 & 2153 -140'" Lane 12/03/13 109 -13 Order feasibility report/project 14- 2/2014 Street Reconstruction 12/03/13 110 -13 Order plans/ project 14- 3/2014 Crack Sealing 12/03/13 111 -13 Order improvement/project 14- 4/2014 Seal Coating 12/03/13 112 -13 Order improvement/project 14- 7/2014 Trail Maintenance 12/03/13 113 -13 . Order improvement/project 14- 8/2014 Curb, Sidewalk, & Pedestrian Ramp Repairs 12/03/13 114 -13 Order improvement/project 14- 14/Prairie Knoll Park Parking Lot Improvements 12/03/13 115 -13 Request withholding from sale /tax forfeited properties/23-32-24-21-0075 & 26- 32 -24 -41 -0040 12/03/13 116 -13 Cost of living wage adjustments for non-bargaining employees 12/17/13 117 -13 Order feasibility report/project 12- 37A/Andover Blvd. & Crosstown Blvd. turn lane improvements 12/17/13 118 -13 Order improvement/project 14 -10 /Station Parkway reconstruction 12/17/13 119 -14 Order improvement/project 14 -11 /Prairie Road overla 12/17/13 120 -13 121 -13 Approve Conditional Use Permit/in -home therapeutic massage services /13847 Raven St. 12/17/13 122 -13 2014 Budget and 2014 Property Tax Levy to be certified to the County Auditor 12/17/13 123 -13 1 Certified Bonded Indebtedness for 2014 12/17/13 124 -13 1 Change order Ill/ ro'ect 12 -31/Sports Complex/3535-16 I" Ave. 12/17/13 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 124 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 12 -31, SPORTS COMPLEX/3535 —161 ST AVENUE NW. WHEREAS, the City of Andover has a contract for Project No. 12 -31, Sports Complex/3535 —161St Avenue NW with Municipal Builders. Inc. of Andover, 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 17th day of December , 2013. CITY OF ANDOVER ATTEST:�� Mi ael R. Gam the — Mayor Michelle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R123 -13 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2014. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2014; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified to Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2014 as listed on Attachment A. Adopted by the City of Andover this 17th day of December 2013. X CITY OF ANDOVER chael R. Gamac e - Mayor STATE OF MINNESOTA) © COUNTY OF ANOKA CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No.R123 -13 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2014 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 17th day of December 2013. - City Clerk E r4D LM Attachment A CITY OF ANDOVER 2014 Levy Certification Debt Changes County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explanation 67B 2009A GO Open Space Bonds 187,283 187,283 2004 EDA Public Facility Lease Rev - 181,803 (181,803) Lease revenue payment per pledge agreement 69B 2012A GO Equipment Certificate 12,285 140,000 (127,715) Meet bona fide debt service requirements 69A 2012B GO Cap Improv Refunding Bonds 555,870 561,015 (5,145) Meet bona fide debt service requirements 70 2012C GO Taxable Abatement Bonds 445,035 740,965 (295,930) Meet bona fide debt service requirements 2014 Equipment Certificate - 260,000 (260,000) New issuance Total $ 1,200,473 $ 2,071,066 $ (870,593) X `J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R122 -13 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2014 BUDGET AND 2014 PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor an adopted tax levy and budget prior to December 30, 2013; and WHEREAS, Minnesota State Law requires the City to certify to the State of Minnesota Department of Revenue an adopted tax levy by December 30, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2014 City of Andover Budget and the 2014 property tax levy totaling $10,843,925 as listed on Attachment A. ' BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2014 City of Andover Budget by fund type as follows: REVENUES General Fund $ 9,569,142 Special Revenue Funds 1,498,300 Debt Service Funds 2,895,189 Capital Projects Funds 4,712,843 Enterprise Funds 4,912,517 Internal Service Funds 1,073,553 Total $ 24,661,544 Adopted by the City of Andover this 17th day of December 2013. ATTEST: li*cee Harmer — Deputy City Clerk 0 EXPENDITURES General Fund $ 9,996,375 Special Revenue Funds 1,571,835 Debt Service Funds 19,532,362 Capital Projects Funds 6,270,710 Enterprise Funds 4,659,798 Internal Service Funds 1,085,793 Total $ 43,116,873 CITY OF ANDOVER ael R. Gamach -Mayor STATE OF MINNESOTA) 0 COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R122 -13 adopting the City of Andover 2014 Budget and 2014 Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 17th day of December 2013. Michelle Harmer — Deputy City Clerk \J M U \J u CITY OF ANDOVER, MINNESOTA Attachment A 2014 Property Tax Levy 2014 Levy General Fund Levy $ 7,435,891 Debt Service Funds Levy 2004 EDA Public Facility Revenue Bonds 181,803 2010A G.O. Open Space Referendum Bonds 187,283 2012A G.O. Equipment Certificate 140,000 2012B G.O. Capital Improvement Refunding Bonds 561,015 2012C Taxable G.O. Abatement Bonds 740,965 2014 G.O. Equipment Certificate 260,000 Total Debt Service 2,071,066 Other Levies Capital Projects Levy Capital Equipment/Project 210,000 Parks Projects 61,500 Road & Bridge 967,197 Pedestrian Trail Maintenance 58,271 Lower Rum River Watershed 40,000 Total Other 1,336,968 Gross City Levy $ 10,843,925 m ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R121 -13 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ON -SITE IN -HOME THERAPUETIC MASSAGE SERVICES ON PROPERTY LOCATED AT 13847 RAVEN STREET NW LEGALLY DESCRIBED AS FOLLOWS: LOT 22 BLK 1 RED OAKS MANOR 5TH ADD; EX RD; SUBJ TO EASE OF REC WHEREAS, the applicant has requested approval of a conditional use permit for on -site therapeutic massage services on the subject property; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning Commission recommends to the City Council the approval of this request; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has © received the recommendation of the Planning Commission and hereby approves the conditional use permit for off -site therapeutic massage services subject to the following conditions: 1. All aspects of the home occupation shall conform to the requirements of City Code Title 3, Chapter 6. 2. Parking requirements shall be met as per City Code Title 12, Chapter 13, Section 8. 3. Prior to any business being conducted on the premises, an on -site inspection shall be conducted by City Staff to assure the business complies with City ordinances. 4. Hours of operation shall be daily from 8:00 a.m. — 9:00 p.m. 5. The Conditional Use Permit shall be subject to annual review and site inspection by City Staff. Adopted by the City Council of the City of Andover on this 17`h day of December, 2013. CITY OF ANDOVER ATTEST: chael R. Gamac e, Mayor © k elle Hartner De ut Cit Clerk p Y Y CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. R120 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS FIRE DEPARTMENT. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $1,000 contribution from the Walmart Corporation to be used towards the Fire Department; and WHEREAS, the fire department will use the grant funds for a new smoke and Carbon Monoxide detector giveaway program for those senior residents and others who do not currently have a smoke or Carbon Monoxide detector; and NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Fire Department. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 17th day of December 2013, with Councilmembers Gamache, Howard, Bukkila, Knight, Trude voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: chael R. Ga the - Mayor Michelle Hartner- Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 119 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 14 -11 FOR PRAIRIE ROAD NW OVERLAY. WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Prairie Road NW Overlay, Project 14 -11; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 17th day of December , 2013, with Councilmembers Knight, Howard, Trude, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: - Mi ael R. Ga the - Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 118 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 14 -10 FOR STATION PARKWAY NW RECONSTRUCTION. WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Station Parkway NW Reconstruction, Project 14 -10; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 17th day of December 2013, with Councilmembers Knight, Howard, Trude, Gamache Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: M' ael R. Gamache - Mayor Micl'ielle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 117 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 12 -37A. ANDOVER BOULEVARD NW & WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 12 -37A; and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works /City Engineer and he is instructed to provide the City Council with a feasibility reports. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 17th day of December 2013, with Councilmembers Knight, Howard, Trude, Gamache Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Miclhelle Hartner — Deputy City Clerk CITY OF ANDOVER -� M)&ael R. Gamache - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.R116 -13 APPROVING COST -OF -LIVING WAGE ADJUSTMENTS FOR NON - BARGAINING EMPLOYEES FOR CALENDAR YEAR 2014 WHEREAS, cost -of- living wage adjustments for non - bargaining employees are in order to recognize annual inflationary increases in cost -of- living standards as measured by the Consumer Price Index (CPI), and regional economic and market -based indicators; and WHEREAS, the annual percentage adjustments of two (2) percent increase effective January 1, 2014 are within the expenditure guidelines established in the 2014 Budget; and NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves cost - of- living wage adjustments of two (2) percent increase effective January 1, 2014, for all non - bargaining employees. Adopted by the City Council on December 17, 2013 CITY OF ANDOVER or Mike Ga che- Mayor Attest: Mi helle Hartner, Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R115 -13 A RESOLUTION REQUESTING WITHOLDING FROM SALE OR LEASE TO OTHERS OF TAX FORFEITED PROPERTIES (PID# 23- 32 -24 -21 -0075 and PID# 26- 32 -24 -41 -0040) LEGALLY DESCRIBED AS THE FOLLOWING: OUTLOT A, CHESTERTON COMMONS 3RD ADDITION, ANOKA COUNTY, MINNESOTA; and OUTLOT A, CROWNE POINT, ANOKA COUNTY, MINNESOTA WHEREAS, Minnesota Statute 282.01 requires a written request from a governmental subdivision of the state to withhold a parcel of unsold tax- forfeited land from sale or lease to others; and WHEREAS, the city is interested in acquiring the subject properties for the public purpose of storm water drainage as provided by Minnesota Statute 282.01; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby © requests that PID# 23- 32 -24 -21 -0075 and PID# 26- 32 -24 -41 -0040 be withheld from sale or lease to others to facilitate the acquisition of the properties by the City of Andover. Adopted by the City Council of the City of Andover on this 3rd day of December 2013 CITY OF ANDOVER ATTEST: Michael R. amache, Mayor Michelle Hartner, Deputy City Clerk Eli H H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 114 -13 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 14 -14 FOR PRAIRIE KNOLL PARK PARKING LOT IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Prairie Knoll Park Parking Lot Improvements , Project 14 -14; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 3rd day of December 2013 , with Councilmembers Knight, Gamache, Trude, Bukkila Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Mir - c elle Hartner — Deputy City Clerk CITY OF ANDOVER .111chael R. Gamache - Mayor CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 113 -13 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 14 -8 FOR _2014 CURB, SIDEWALK & PEDESTRIAN RAMP REPAIRS. WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2014 Curb, Sidewalk & Pedestrian Ramp Repairs, Project 14 -8; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 3rd day of December 2013, with Councilmembers Gamache, Howard, Bukkila, Knight Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ichael R. Gam-ache - Mayor Mic elle Hartner — Deputy City Clerk X © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 112 -13 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT NO.. 14 -7 FOR 2014 TRAIL MAINTENANCE-. WHEREAS, the City Council is cognizant of the need for the trail maintenance improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2014 Trail Maintenance, Project 14 -7 ; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 3`d day of December , 2013, with Councilmembers Gamache, Howard, Bukkila Knight Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: q Michelle Hartner — Deputy Clerk Eli CITY OF ANDOVER hael R. Gamac e - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 111 -13 MOTION by Councilmember Bukkila - to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT NO. 14 -4 FOR 2014 SEAL COATING . WHEREAS, the City Council is cognizant of the need for the seal coating improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2014 SEAL COATING , Project 14 -4; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 3`d day of December 2013, with Councilmembers Gamache, Howard. 'Bukkila Knight Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: N)Kchael R. Gam—ache - Mayor Mi6helle Hartner — Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 110 -13 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND ORDERING PLANS AND SPECIFICAITONS FOR THE IMPROVEMENT OF PROJECT NO. 14 -3 FOR THE 2014 CRACK SEALING . WHEREAS, the City Council is cognizant of the need for the crack sealing improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2014 CRACK SEALING , Project 14 -3; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works /City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 3rd day of December , 2013 , with Councilmembers _ Gamache, Howard, Bukkila, Knight Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER Mic ael R. Gam-ache - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 109 -13 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT 14-2,2014 STREET RECONSTRUCTION. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 14 -2; and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andpver that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works /City Engineer and he is instructed to provide the City Council with a feasibility reports. 0 MOTION seconded by Councilmember Knight and adopted by they City Council at a regular meeting this TO day of December , 2013, with Councilmembers Gamache, Howard, Bukkila, Knight, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Michlelle Hartner — Deputy City Clerk CITY OF ANDOVER Mi ael R. Gamac e - Mayor CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R108 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 13 -37. 2151 & 2153 —140TH LANE NW. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the first Q Monday in January, 2014 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 3rd day of December , 2013 , with Councilmembers Gamache, Howard, Bukkila, Knight, Trude voting in favor of the resolution, and Council members None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: M P aef R. Gamache - Mayor Midhelle Hartner — Deputy City Clerk DWI H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 107 -13 A RESOLUTION DESIGNATING NO PARKING ALONG CERTAIN STREETS WITHIN THE DEVELOPMENT OF MILLERS WOODS FOURTH ADDITION. i WHEREAS, no parking will be required along streets as follows: Along the east side of Norway Street NW from 159th Lane NW to the north property line of Lot 1 Block 3 of Millers Woods Fourth Addition. Along the east side of Olive Street NW between 159th Lane NW to the north property line of Lot 1 Block 2 of Millers Woods Fourth Addition. Along the north and east side of 158th Avenue between Olive Street NW to the start of the cul -de -sac on 158th Avenue NW near Lot 12 Block 4 of Millers Woods Fourth Addition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone for Millers Woods Fourth Addition. Adopted by the City Council of the City of Andover this 3rd day of December 2013. ATTEST: M,Aael R. Gamache - Mayor Mich Ile Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R106 -13 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR ANTENNA INSTALLATION FOR VERIZON WIRELESS LOCATED ON THE CITY WATER TOWER IN ROSE PARK LOCATED AT 14057 ROSE ST NW AND DESCRIBED AS CITY PARK, NORTHGLEN, ANOKA COUNTY, MINNESOTA. WHEREAS, Verizon Wireless has requested a conditional use permit to install twelve (12) antennas on the city water tower on the subject property, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the requirements of City Code 12 -14 -8, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS, The Planning and Zoning Commission recommends to the City Council approval of the conditional use permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit for the placement of twelve (12) antennas on the water tower, subject to the following conditions: 1) The applicant shall execute a lease agreement acceptable to the City of Andover and obtain a building permit prior to commencing construction on the site. 2) The antennas and associated equipment shall conform to the plans revised October 11, 2013. 3) The applicant shall restore any areas of the subject property disturbed during construction of the structure to equal or better condition than currently exists. 4) The conditional use permit shall be subject to a sunset clause as defined in City Code 12 -14 -6. Adopted by the City Council of the City of Andover on this 19th day of November, 2013. CITY OF ANDOVER /7 ATTEST: M hael R. Owdache, Mayor ,{ P Mi helle Hartner, Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R105 -13 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR ANTENNA INSTALLATION FOR VERIZON WIRELESS LOCATED ON THE CITY WATER TOWER LOCATED AT 1717 CROSSTOWN BOULEVARD NW AS DESCRIBED ON ATTACHMENT A WHEREAS, Verizon Wireless has requested a conditional use permit to install twelve (12) antennas on the city water tower on the subject property, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the requirements of City Code 12 -14 -8, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS. The Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; © NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit for the placement of twelve (12) antennas on the water tower, subject to the following conditions: 1) The applicant shall execute a lease agreement acceptable to the City of Andover and obtain a building permit prior to commencing construction on the site. 2) The antennas and associated equipment shall conform to the plans revised October 11, 2013. 3) The applicant shall restore any areas of the subject property disturbed during construction of the tower to equal or better condition that currently exists. 4) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12 -14- 6. Adopted by the City Council of the City of Andover on this 19th day of November, 2013. CITY OF ANDOVER ATTEST: M'chael R. Gamache, Mayor ilk cvw � Mi helle Hartner, Deputy City Clerk H Legal Description Resolution R105-13 EXHIBIT A THE W 330 FT OF NEI /4 OF SE1 /4 OF SEC 22 TWP 32 RGE 24, EX THAT PRT OF FOL DESC TRACT LYG WITHIN SD W 330 FT: COM AT A PT ON E LINE OF SD 1/4 1/4 935.81 FT NLY OF SE COR THEREOF, SD E LINE HAS ASSD BRG OF N 0 DEG 42 MIN 30 SEC W TH W 125.01 FT TO W R/W LINE OF CSAH NO 78 & POB, TH N 0 DEG 42 MIN 30 SEC W ALG SD W R/W LINE 41.34 FT, TH W 889.24 FT, TH S 0 DEG 21 MIN 31 SEC E 41.34 FT, TH E 29.86 FT, TH S 503 FT, TH W 17.47 FT, TH S 20 DEG 49 MIN 09 SEC E 55.74 FT, TH E 206.56 FT, TH ELY 109.76 FT ALG A TAN CUR CONC TO S HAV A RAD OF 581.33 FT & A CEN ANG OF 10 DEG 49 MIN 06 SEC, TH ELY 95.26 FTALG A REV CUR CONC TO N HAV A RAD OF 168.67 FT & A CEN ANG OF 32 DEG 21 MIN 29 SEC, TH ELY 105.76 FT ALG A REV CUR CONC TO S HAV A RAD OF 281.33 FT & A CEN ANG OF 21 DEG 32 MIN 23 SEC, TH E TAN TO SDCUR 145.11 FT, TH S 20 FT, TH E 117.34 FT, TH N 557 FT TO INTER/W A LINE DRAWN W FROM POB, TH E 82.29 FT TO POB, EX RD, SUBJ TO EASE OF REC 101 H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R104 -13 MOTION by Councilmember Howard to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Internal Revenue Service has issued Section 1.103 -18 of the Income Tax Regulations (the "Regulations ") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time of the issuance of the bonds; and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to © certain projects hereinafter identified; NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration of official intent" pursuant to Section 1.103 -18 of the Regulations. 1. Official Intent Declaration (a) The City proposes to undertake the following projects described on Exhibit A attached hereto. (b) Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103- 18(1)(2) of the Regulations or (iii) expenditures constituting preliminary expenditures as defined in Section 1.103(1)(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. (c) The City reasonably expects to reimburse the City expenditures made for costs of designated projects out of the proceeds of debt (the "Bonds ") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150 -1(h) of the Regulations. (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103 -18 © of the Regulations. 2. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long -term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a long -term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filing. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the City Clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case reimbursement of a fund or account in accordance with Section 1.103 -18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. MOTION seconded by Councilmember Trude and adopted by the City Council of the City of Andover on this 19th day of November, 2013 with Councilmembers Gamache, Howard, Knight and Trude voting © in favor of the resolution, and Councilmembers Bukkila (absent) voting against, whereupon said resolution was passed. ATTEST: Michelle Hartner — Deputy City Clerk H CITY OF ANDOVER MK ael R. Gamache - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 103 -13 Motion by Councilmember Howard to adopt the following: A RESOLUTION AUTHORIZING THE CITY OF ANDOVER TO PARTICIPATE IN THE ANOKA COUNTY MULTI - JURISDICTIONAL HAZARD MITIGATION PLAN WHEREAS, The State of Minnesota has ordained that every county and incorporated municipality in the state is required to have a Hazardous Mitigation Plan approved by the Minnesota Department of Homeland Security and Emergency Management, to maintain eligibility for state disaster assistance after November 2004; and WHEREAS, the Federal Emergency Management Agency (FEMA) under the Disaster Mitigation Act of 2000 has ordained that every county and incorporated municipality within the county is required to have a Hazard Mitigation Plan approved by FEMA in order to be eligible for Hazard Mitigation Grant Program Funding for Presidential disasters declared after November 2004; and WHEREAS, under the Disaster Mitigation Act of 2000, the Federal Emergency Management Agency (FEMA) has issued a Final Rule that details the minimum criteria for local hazard mitigation plans; and © WHEREAS, the City of Andover agrees with the concept of and necessity for hazard mitigation planning; and WHEREAS, the Minnesota Department. of Homeland Security and Emergency Management and the Federal Emergency Management Agency have conducted a review of and approved the Anoka County Multi- Jurisdictional Hazard Mitigation Plan; NOW THEREFORE, BE IT RESOLVED that the City Council hereby adopts the Anoka County Multi- Jurisdictional Hazard Mitigation Plan as submitted this 19th day of November, 2013. MOTION seconded by Councilmember Trude and adopted by the City Council at the regular meeting this 19'h day of November, 2013 with Councilmembers Howard, Gamache, Knight and Trude voting in favor of the resolution and Councilmembers Bukkila (absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi hael R. Gamache — Mayor Michelle Hartner, Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 102 -13 MOTION by Councilmember Howard to adopt the following: A RESOLUTION ACCEPTING THE CONTRIBUTION FOR IMPROVEMENTS MADE TO THE CITY OF ANDOVER AT EVELAND FIELDS. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from Andover High Fastpitch School Booster Club are for the improvements of a new batting cage and replacement of the first base line fencing. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution which was for improvements at Eveland Fields. MOTION seconded by Councilmember. Trude and adopted by the City © Council at a regular meeting this 19th day of November 2013, with Councilmembers Howard, Trude, Bukkila (absent) Knight Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Michelle le Hartner - Deputy City Clerk H CITY OF ANDOVER MX hael R. Gamache - Mayor fu I l� MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R101 -13 Bukkila to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11 -47, 174TH AVENUE NW, HEATHER STREET NW & 173RD LANE NW STREET IMPROVEMENTS. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2014 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 5th day of November 2013 , with Councilmembers Gamache, Bukkila, Howard, Knight Trude voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: �yyyo. Michael R. Gamache - Mayor Michelle Hartner—Deputy Cit Cler Y CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R100 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 12 -28, NIGHTINGALE STREET NW RECONSTRUCTION. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the first QMonday in January, 2014 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 5th day of November 2013 , with Councilmembers Gamache, Bukkila, Howard Knight Trude voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: z4l�- Mi hael R. Gamache - Mayor © i elle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 099 -13 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER, STORM SEWER, STREET LIGHTING CHARGES, FALSE ALARM FINES, TREE REMOVAL, MOWING FEES AND /OR MISCELLANEOUS ABATEMENT FEES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water, storm sewer, street lighting charges, false alarm fines, tree removal, mowing fees and /or miscellaneous abatement fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is © hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 2014 and shall bear interest at the rate of 8 percent per year. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole amount of the assessment on such property with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid by November 8, 2013. Adopted by the City Council of the City of Andover on this 5th day of November, 2013. ATTEST: Mi hell�Ha er — Deputy City Clerk H CITY OF ANDOVER Gf'h Migifael R. Gamache, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R098 -13 A RESOLUTION GRANTING THE VACATION OF EASEMENT ON LOT 5, BLOCK 2, INDIAN MEADOWS FIFTH ADDITION ACCORDING TO SAID PLAT ON FILE AND OF RECORD IN THE OFFICE ON THE COUNTY RECORDER, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: A strip of land 5.00 feet in width, the Northwesterly line of which is described as follows: Commencing at the most Southerly corner of said Lot 5, thence North 71 degrees 39 minutes 42 seconds East, assumed bearing along the Southeasterly line of said Lot 5, a distance of 177.43 feet to a point to be hereinafter referred to as "Point A "; thence continue North 71 degrees 39 minutes 42 seconds East, a distance of 438.19 feet to a corner of said Lot 5; thence Northwesterly, at right angles to said Southeasterly line of Lot 5, a distance of 10.00 feet to the point of beginning of the line to be hereinafter described; thence Southwesterly, parallel with said Southeasterly line of Lot 5, to the intersection with a line drawn at right angles to said Southeasterly line of Lot 5 from said above described reference "Point A" and said line there terminating. WHEREAS, Mr. Robin Smith has requested to vacate the previously described drainage and utility easement shown on Exhibit A; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement. Adopted by the City Council of the City of Andover on this 5 "' day of November, 2013 CITY OF ANDOVER ATTEST Mkhael R. Gamache, Mayor M Hartner, Deputy City Clerk S 1. 741 Easement Vacation Exhibit Drainage &Utility Easement per plat __ ____ ___ _____ ____ __�� 1 ___— r �� of INDIAN MEADOWS FIFTH ADDITION / zi -- -- - - - - -- -ID / United Power Association Easement r �0 / — per Doc. No. 544440 fi jL— r--------- sFer\v - - - -- — — - \ Sautbeo 0 1 ----- - - \ - -- --- - - - - -- .1 _ 7_� —�— _ era \1e \em Dock T.-- v1\ °No - -�Q �.---------- -- 1- - - -- \ O\NSF\f U, .�- 117_00 -- - - -� —J - - - -- — — — — — — — — — — — — — O i h3$' -L Drainage I& Utility Easement per plat Drainage & Utility \ of INDIAN MEADOWS FIFTH ADDITION I Easement per plat \ % of FFTTIH ADDITION 9' 5 B \oa \l>20N — — — — — — — .— / �� 90 ' N�C59 .7 �.`ndOats f\FSH POD 153RD AVE. NW /" 77,h3 Soa \NO \PN MEPf W "POINT A" PROPOSED EASEMENT VACATION DESCRIPTION: T I I 1t�w�1 1 I ",,Most Southerly corner Thal part of the drainage and utility easement over Lot 5, Block 2, INDIAN MEADOWS FIFTH ADDITION, -- of Lot 5, Block 2, according to said plat on file and of record in the office of the County Recorder, Anoka County, Minnesota, INDIAN MEADOWS FIFTH described as follows: ADDITION A strip of land 5.00 feet in width, the Northwesterly line of which is described as follows. Scale Commencing at the most Southerly corner of said Lot 5, thence North 71 degrees 39 minutes 42 seconds 1" = 100, East, assumed bearing along the Southeasterly line of sold Lot 5, a distance of 177.43 feet to a point to be hereinafter referred to as "Point A "; thence continue North 71 degrees 39 minutes 42 seconds East, a distance of 438.19 feet to a corner of sold Lot 5; thence Northwesterly, at right angles to said Southeasterly T Denotes line of Lot 5, a distance of 10.00 feet to the point of beginning of the line to be hereinafter described; iX Proposed Vacated thence Southwesterly. parallel with said Southeasterly line of Lot 5. to the intersection with a line drawn of Easement right angles to sold Southeasterly line of Lot 5 from said above described reference "Point A" and said line Easement there terminating. mie a°. 1 I,ere°y [e[tlly 11,°t eWe °urvey, Dbn e • pr[p°nE ��" °r',: °, °I » "'y �Halcanson Easement Vacation Exhibit psioi:[ °r r° for t Ande rson a Rob and Lauri Smith t I�rlrnemsfsx>mem 7 a U LAJ S CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R097 -13 A RESOLUTION GRANTING THE VACATION OF EASEMENTS ON OUTLOT A, PARKSIDE AT ANDOVER STATION LEGALLY DESCRIBED AS FOLLOWS: Those drainage and utility easements over, under, and across Outlot A, Parkside at Andover Station, filed as Document No. 488300.002 on July 14, 2006. WHEREAS, Cherrywood of Andover, LLC has requested to vacate the previously described drainage and utility easements; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easements. Adopted by the City Council of the City of Andover on this 51h day of November, 2013 ATTEST dA4yv. Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Mi6hael R. Gamache, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 096 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING A 40 MPH SPEED LIMIT ALONG 165TH AVENUE NW BETWEEN ARGON STREET NW AND COUNTY STATE AID HIGHWAY 7 (ROANOKE STREET NW). WHEREAS, the 40 MPH speed limit signs are contingent upon curves and hazards being signed with the appropriate advance curve or warning signs; including appropriate speed advisory plates. The roadway described shall be reviewed for traffic control devices impacted by the authorized speed limits before posting the signs. Warning signs and speed limit signs shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices; and WHEREAS, MnDOT has given authorization to lower the speed limit to 40 MPH; and © NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby approve the 40 MPH speed limit be posted along 165th Avenue NW between Argon Street NW and County State Aid Highway 7 (Roanoke Street NW). MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 5th day of November, 2013, with Councilmember's Trude, Knight, Gamache, Bukkila, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: '-t , ,tT W C- Ct/1-{ yu, © Midhelle Hartner - Deputy City Clerk CITY OF ANDOVER F chael R. Gamache - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R095 -13 A RESOLUTION APPROVING A LOT SPLIT REQUEST TO SUBDIVIDE INTO TWO PARCELS IN THE R -4 SINGLE FAMILY URBAN DISTRICT FOR THE PROPERTY LOCATED AT 15873 LINNET STREET, PIN 15- 32 -24 -43 -0115 NW LEGALLY DESCRIBED AS: The East 310 feet of the West 1010 feet lying North of the South 959.36 feet of the Southwest Quarter of the Southeast Quarter, Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured along the west and south lines of said Southwest Quarter of the Southeast Quarter. WHEREAS, Scott Allen has requested approval of a lot split to subdivide property located at 15873 Linnet Street NW, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; 0 WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approve the lot split, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: The applicant shall be required to pay a park dedication fee for the new lot in the amount of $2,650 and a trail fee in the amount of $703. 2. The applicant shall provide 5 -foot easement along northern side of the newly created urban lot and 5 -foot easement on the southern lot line of the existing parcel. Boundary surveys showing drainage and utility easements and legal descriptions shall be provided and signed by a licensed land surveyor; 18 -feet rear lot line, 5 -feet side yard, and 10 -foot front yard. 4. Legal documents conveying the drainage and utility easements to the City of Andover shall be submitted and reviewed by staff for accuracy. � J © 5. The existing individual septic treatment system shall remain in use until the well and /or septic system fails. At which time connection to the municipal water and sewer system shall be required. 6. The new urban lot shall be required to connect to municipal sewer and water and pay all related fees and assessments as required. 7. The lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this 15th day of October, 2013. CITY OF ANDOVER ATTEST: chael R. G ache, Mayor M chelle Harmer, Deputy City Clerk H L:J © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R094 -13 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO INCLUDE 83 - ACRES INTO THE METROPOLITAN URBAN SERVICE AREA (MUSA), CHANGE 83 - ACRES OF LAND FROM RR - RURAL RESIDENTIAL DENSITY TO URL - URBAN RESIDENTIAL LOW DENSITY, CHANGE 6.39 ACRES OF LAND FROM GC - GENERAL COMMERCIAL TO URM - URBAN RESIDENTIAL MEDIUM DENSITY FOR PROPERTIES LEGALLY DESCRIBED ON EXHIBIT A; AND TO CHANGE THE DENSITY RANGE IN THE COMPREHENSIVE PLAN FOR URL -URBAN RESIDENTIAL LOW DENSITY AND URM - URBAN RESIDENTIAL MEDIUM DENSITY AS DESCRIBED IN EXHIBIT B WHEREAS, Merril and Viola Putnam and The Ganter Family Limited Partnership has petitioned the City of Andover to include their 83 — acres of property into the MUSA and to change the land use designation from Rural Residential (RR) to Urban Residential Low Density (URL), and; Q WHEREAS, the property is not within the MUSA, and; WHEREAS, analysis of the City's sanitary sewer and water trunk system has determined that sufficient capacity exists to serve the subject property, and; WHEREAS, Povlitski Properties LLP has petitioned the City of Andover to change the land use designation of 6.39 — acres from General Commercial (GC) to Urban Residential Medium Density (URM), WHEREAS, the property is within the MUSA, and; WHEREAS, analysis of the City's sanitary sewer and water trunk system has determined that sufficient capacity exists to serve the subject property, and; WHEREAS, the City of Andover has petitioned to change to density range of the Urban Residential Low Density (URL) and the Urban Residential Medium Density (URM), and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment to change the land use designation of 6.39 — acres from General Commercial © (GC) to Urban Residential Medium Density (URM) as requested, and; © WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment to change to density range of the Urban Residential Low Density (URL) and the Urban Residential Medium Density (URM), and; WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the amendment to include 83 — acres of property into the MUSA and to change the land use designation from Rural Residential (RR) to Urban Residential Low Density (URL) as requested, and; WHEREAS, the Planning and Zoning Commission denial is based on the criteria established in the Andover Comprehensive Plan concerning land use changes, and: WHEREAS, the Planning and Zoning Commission agreed the land use change to urban would not be compatible with the surrounding rural land uses; the public street system is not adequate to serve the properties and an additional street connection is needed to the west connecting to Hanson Boulevard NW to alleviate traffic issuesiburdens on Wintergreen Street NW. WHEREAS, the Council finds the proposed changes will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land and is consistent with the criteria established in the Andover Comprehensive Plan, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has © received the recommendation of the Planning and Zoning Commission and adopts the following amendments to the Comprehensive Plan, subject to review by the Metropolitan Council: 1. Include of 83 -acres into the MUSA and change the land use of 83 -acres from RR- Rural Residential Density to URL — Urban Residential Low Density. 2. The integration of MUSA for the 83 -acres shall conform to the Sewer Staging Plan in Exhibit C. 3. Change 6.39 acres of land from GC — General Commercial to URM — Urban Residential Medium Density. 4. Change the Density Range for URL - Urban Residential Low Density and URM - Urban Residential Medium Density. Adopted by the City Council of the City of Andover on this 15`" day of October, 2013. CITY OF ANDOVER ATTEST: XKhael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk C © EXHIBIT A — PROPERTY DESCRIPTIONS 1. Include eighty -three (83) acres into the Metropolitan Urban Service Area located north of 16151 Avenue NW and Evergreen Street NW, PIN's 11- 32 -24 -43 -0001, 11- 32- 24 -41- 0002, and 11- 32 -24 -42 -0001 legally described as: SW 1/a of SE 1/ Sec 11 Twp 32 Rge 24, and the NE 1/a of SE 1/ of Sec 11 Twp 32 Rge 24, Ex R/W of BN R/R, together w /that part of SE 1/ of SD Sec Lyg Wly of Wly R/W Line of BN R/R, Ex Rd, Subj to Ease of Record, and SW 1/ of NE 1/ Sec 11 Twp 32 Rge 24. 2. Change the land use of eighty -three (83) acres from RR — Rural Residential Density to URL — Urban Residential Low Density located north of 161st Avenue NW and Evergreen Street NW, PIN's 11- 32 -24 -43 -0001, 11- 32 -24 -41 -0002, and 11- 32 -24 -42 -0001 legally described as: SW 1/ of SE 1/a Sec 11 Twp 32 Rge 24, and the NE 1/ of SE 1/ of Sec 11 Twp 32 Rge 24, Ex R/W of BN R/R, together w /that part of SE 1/a of SD Sec Lyg Wly of Wly R/W Line of BN R/R, Ex Rd, Subj to Ease of Record, and SW 1/ of NE 1/ Sec 11 Twp 32 Rge 24. 3. Change the land use of approximately 6.36 acres from GC — General Commercial to URM — Urban Residential Medium located north of 139th Avenue NW and Martin Street NW, PIN 34- 32 -24 -13 -0017 legally described as Outlot A Walmart at Andover Station. H S EXHIBIT B Urban Residential Low Density (URL) Minimum Lot Size 11,400 square feet Density 1.75 to 3.6 units per acre Maximum PUD Density 3.6 units per acre City Utilities Required Corresponding Zoning Districts R -4 Single Family Urban Residential Type of Development Single Family Detached Housing Urban Residential- Medium Density (URM) Minimum Lot Size Variable Density 3.6 to 6 units per acre Maximum PUD Density 6 units per acre City Utilities Required Corresponding Zoning Districts R -4 Single Family Urban Residential M -1 Multiple Dwelling Medium Density Type of Development Single Family Detached, Two Family Residences Town homes and Condominiums with private entrances AN��WR Legend MUSA Boundary 2005 -2010 - 2010 -2015 2015 -2020 Exhibit C Sewer Staging Plan A N 0 500 1.000 2 000 Feet x E x CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R093 -13 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2014 - 2018 CAPITAL IMPROVEMENT PLAN. WHEREAS, the preparation and adoption of capital improvement plans is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's infrastructure and equipment; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2014 - 2018 City of Andover Capital Improvement Plan. Adopted by the City of Andover this 15th day of October 2013. CITY OF ANDOVER ael R. Gamache - Mayor STATE OF MINNESOTA) COUNTY OF ANOKA) CITY OF ANDOVER) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R093 -13 adopting the City of Andover 2014 - 2018 Capital Improvement Plan with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 15th LJ x CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 092 -13 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION, ACCEPTING FEASIBILITY REPORT, WAIVING PUBLIC HEARING, ORDERING & APPROVING ASSESSMENT ROLL FOR WATER MAIN FOR PROJECT NO. 13-37,2151 & 2153 — 140T' LANE NW. WHEREAS, the City Council has received a petition, dated September 30, 2013 requesting to be assessed for water main; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. WHEREAS, the City Engineer has found the repairs to be feasible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to approve the feasibility report, waive public hearing, order and approve © the assessment roll. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 15th day of October , 2013, with Councilmembers Bukkila, Howard, Knight, Gamache, Trude (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk 1401 CITY OF ANDOVER Wiichael R. Gamache - Mayor x CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091 -13 MOTION by Councilmember Knight 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: e' Mi ael R. Ga the — Mayor Mi helle Hartner — Deputy City Clerk S 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: Gamache, Howard, Knight Trade and the following were absent: Bukkila Member Knight introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT Res. No. R090 -13 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 Howard and, after full discussion thereof, and upon a vote being taken thereof, the following voted in favor thereof: Gamache, Howard, Knight, Trude E S and the following voted against same: Bukkila (absent) Adopted thiV st day of October, 2013. � M yor Attest: 5691814v1 2 © STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER H H 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 1 sl day of October, 2013. 5691814v1 3 © CITY OF ANDOVER ANOKA COUNTY STATE OF MINNESOTA Council member Trade introduced the following resolution and moved its adoption: RESOLUTION NO. R089 -13 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 may be 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 Interfand 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 Howard, and upon a vote being taken thereon, the following voted in favor thereof. Gamache, Howard, Knight, Trade and the following voted against the same: Bukkila (absent) Dated: October 1, 2013 -1118;4 ��e NUke Gamache, M (Seal) © CITY OF ANDOVER ANOKA COUNTY STATE OF MINNESOTA Council member Trade introduced the following resolution and moved its adoption: RESOLUTION NO. R088 -13 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 Q "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 Purpose. 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 18 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 Knight and upon a vote being taken thereon, the following voted in favor thereof: Gamache, Howard, Knight, Trude © and the following voted against the same: Bukkila (absent) Dated: October 1, 2013 ���✓''� �� --✓ice Mikb Gamache, Mayor (Seal) E40 EXHIBIT A ® RESOLUTION NO. R088 -13 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: 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. 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 Districtpermitted 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. 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. H E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. R087 -13 MOTION by Councilmember -Knight 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 Howard and adopted by the City Council at a regular meeting this 1st day of October, 2013, with Councilmembers Gamache, Knight, Howard, Trude voting in favor of the resolution, and Councilmembers Bukkila (absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I' " CQ�`�>h as-. Mic elle Hartner — Deputy City Clerk H H Michael R. Gamache - Mayor ❑s CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 086 -13 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 10 2013. CITY OF ANDOVER ATTEST: Mi ael R. Gamac e - Mayor �Pi�- Vic elle Hartner — Deputy City Clerk H Lim] CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 085 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 11 -47, 174TH AVENUE NW, HEATHER STREET NW & 173RD LANE 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 Howard and adopted by the City Council at a regular meeting this 1St day of October , 2013 , with Councilmembers Knight, Howard, Bukkila (absent) Trude Gamache voting in favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. CITY OF ANDOVER © ATTEST: G�G� M' hael R. Gamache - Mayor r Michelle Hartner — Deputy City Clerk voting CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084 -13 MOTION by Councilmember Knight 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 Howard and adopted by the City Council at a regular meeting this 1st day of October 2013 , with Councilmembers Knight, Howard, Bukkila (absent) Trude Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST:�7 G��y 0 M ael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk DWI E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 083 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER FOR A TREE PLANTING OR LANDSCAPING PROJECT. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from Mickman Brothers, Inc. must be utilized for a planting project beneficial to a City owned property in the City. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution for a tree planting or landscaping project. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 17th day of September, 2013, with Councilmember's Knight, Howard, Trude, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Mic elle Hamner - Deputy City Clerk CITY OF ANDOVER Midhael R. Gamac e - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 082 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE AMENDED ASSESSMENT ROLL FOR 2530 SOUTH COON CREEK DRIVE AS PART OF THE IMPROVEMENT OF PROJECT NO. 11 -101 SOUTH COON CREEK DRIVE NW RECONSTRUCTION WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. Q 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2014 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 17th day of September 2013 , with Councilmembers Knight, Howard, Trude, Gamache Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER MiOiael R. G ad e - Mayor 0 Mic elle Hartner— Deputy City Clerk H S CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 081 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER REPAIR IN THE FOLLOWING AREA OF 13900 GOLDENROD STREET NW, PROJECT 13 -32. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the 1st Monday in January, 2014 and shall bear interest at a rate of 4.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 17th day of September 2013 , with Councilmembers Knight, Howard, Trude, Gamache Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER M; chael R. Gamache - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 080 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11 -47, 174TH AVENUE NW, HEATHER STREET NW & 173RD LANE NW STREET IMPROVEMENTS. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $262,939.45 , the expenses incurred or to be incurred in the making of such improvement amount to $ 85,936.20 so that the total project costs of the improvement are $ 348,875.65 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 171,012.13 , and the amount to be assessed against benefited property owners is declared to be $ 177,863.52 2. Assessments shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 1st Monday in January 2014, and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 17th day of September , 2013, with Councilmembers Knight, Howard, Trude Gamache Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: �r ✓�% ��,yy c M�&adl R. Gamache - Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 079 -13 MOTION by Councilmember _ Knight to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 12 -28, NIGHTINGALE STREET NW RECONSTRUCTION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final estimated construction costs for the improvement amount to $1,134,000.00, the estimated expenses incurred or to be incurred in the making of such improvement amount to $257,000.00 so that the total estimated project costs of the improvement are $1,391,000.00 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ (actual amount TBD), and the amount to be assessed against benefited property owners is declared to be $ 39,000.00 ($3,000.00 / unit) 2. Assessments shall be payable in equal annual installments extending over a period © of 10 years. The first of the installments to be payable on or before the 1st Monday in January 2014, and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 17th day of September 2013, with Councilmembers Knight, Howard, Trude, Gamache Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ZCCz - f —� Michael R. Gamache' ayor Mic elle Hartner – Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R078 -13 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2014. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2014; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified to Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2014 as listed on Attachment A. Adopted by the City of Andover this 3rd day of September 2013. CITY OF ANDOVER M' ael R. Gamac e - Mayor Ji ickinson — City Clerk H STATE OF MINNESOTA) © COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R078 -13 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2014 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 3rd daX of September 2013. - City Clerk H H Attachment A CITY OF ANDOVER 2014 Proposed Levy Certification Debt Changes County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explanation 67B 2009A GO Open Space Bonds 2004 EDA Public Facility Lease Rev 69B 2012A GO Equipment Certificate 69A 2012B GO Cap Improv Refunding Bonds 70 2012C GO Taxable Abatement Bonds 2014 Equipment Certificate Total 1401 187,283 187,283 - 181,803 (181,803) Lease revenue payment per pledge agreement 12,285 140,000 (127,715) Meet bona fide debt service requirements 555,870 561,015 (5,145) Meet bona fide debt service requirements 445,035 740,965 (295,930) Meet bona fide debt service requirements - 260,000 (260,000) New issuance $ 1,200,473 $ 2,071,066 $ (870,593) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R077 -13 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2014 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy prior to September 16, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2014 property tax levy totaling $10,980,675 as listed on Attachment A. Adopted by the City of Andover this 3rd day of September 2013. ® A T: Ji ckinson - City Clerk C CITY OF ANDOVER M� �! �v�l ael R. Gamac e -Mayor X STATE OF MINNESOTA) COUNTY OF ANOKA CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R077 -13 adopting the 2014 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 3rd day of September 2013. © m ickinson - City Clerk U CITY OF ANDOVER, MINNESOTA Attachment A Proposed 2014 Property Tax Levy © 2014 Proposed Levy General Fund Levy $ 7,572 641 Debt Service Funds Levy 2004 EDA Public Facility Revenue Bonds 181,803 2009A G.O. Open Space Referendum Bonds 187,283 2012A G.O. Equipment Certificate 140,000 2012B G.O. Capital Improvement Refunding Bonds 561,015 2012C Taxable G.O. Abatement Bonds 740,965 2014 G.O. Equipment Certificate 260,000 Total Debt Service 2,071,066 Other Levies Capital Projects Levy Capital Equipment/Project 210,000 © Parks Projects 61,500 Road & Bridge 967,197 Pedestrian Trail Maintenance 58,271 Lower Rum River Watershed 40,000 Total Other 1,336,968 Gross City Levy $ 10,980,675 L_J CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 076 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11 -10, SOUTH COON CREEK DRIVE NW RECONSTRUCTION EXCLUDING 2530 SOUTH COON CREEK DRIVE NW (PIN# 28- 32- 24 -41- 0005). WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a Qperiod of 10 years, the first of the installments to be payable on or before the first Monday in January, 2014 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 3`d day of September 2013 , with Councilmembers Howard, Bukkila, Trude, Knight, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Miofiael R. Gamache - Mayor P Mich Ile Hartner — Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R075 -13 MOTION by Councilmember Howard to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION, APPROVE COSTS, WAIVING PUBLIC HEARING, ORDERING AND ADOPTING ASSESSMENT ROLL FOR SEWER AVAILBILITY AND WATER AND SANITARY SEWER CONNECTION, FOR 13797 JAY STREET NW. WHEREAS, the City Council has received a petition, dated August 27, 2013 requesting to be assessed for sewer availability and city water and sanitary sewer connection; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. WHEREAS, the City Council has found the costs to be in accordance with the adopted City fee ordinance. © NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to approve the costs, waive public hearing, order preparation of the assessment roll and adopting the assessment roll. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 3rd day of September 2013, with Councilmembers Gamache, Howard, Bukkila, Knight, Trude voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: M' ael R. Gamache -Mayor Ile Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 074 -13 MOTION by Councilmember Howard to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION, ACCEPTING FEASIBILITY REPORT, WAIVING PUBLIC HEARING AND ORDERING ASSESSMENT ROLL FOR SANITARY SEWER REPAIR , FOR PROJECT NO. 13-32,13900 GOLDENROD STREET NW /SANITARY SEWER REPAIR. WHEREAS, the City Council has received a petition, dated August 6, 2013 requesting to be assessed for sanitary sewer service repair; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. WHEREAS, the City Engineer has found the repairs to be feasible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to approve the feasibility report, waive public hearing and order the preparation of the assessment roll. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 3rd day of September , 2013, with Councilmembers Howard, Bukkila, Trude, Knight, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: fin' Mi helle Hartner— Deputy City Clerk ❑s CITY OF ANDOVER Mic$lael R. Gam c e - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 073 -13 A RESOLUTION APPROVING A VARIANCE TO THE REQUIREMENTS IN ACCORDANCE WITH CITY CODE 12 -14 -7 FOR PROPERTY LOCATED AT 15873 LINNET STREET NW LEGALLY DESCRIBED IN EXHIBIT A. WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 13 -1 -3 to allow a lot split more than one time in any three (3) year period; WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission, and; WHEREAS, the City Council finds the request is in harmony with the purposes and intent of the ordinance; WHEREAS, the City Council finds the request is consistent with the Comprehensive Plans housing goals, objectives and policies. The Comprehensive Plan identifies this parcel as Transitional Residential — properties within the Municipal Urban Service Area (MUSA) that are currently zoned for residential that may be developed to urban standards when municipal sewer and water are available. Municipal sewer and water are currently available to the property. QWHEREAS, the City Council finds the property owner does intend to use the property in a reasonable manner not permitted by the ordinance. The property will be used for residential development. Development on the lot will occur sooner than what would be allowed in city code; WHEREAS, the City Council finds there are circumstances unique to the property that were not created by the landowner. The lot is transitional in nature — it is bordered by urban and rural lots; urban development has filled in around the lot while lots directly to the north remain rural; WHEREAS, the City Council finds the variance will maintain the essential character of the locality. The lot will become an urban residential lot as the surrounding properties are; WHEREAS, the Planning and Zoning Commission reviewed the criteria for granting a variance and supports the practical difficulties; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a lot split more than one time in any three (3) year period as regulated in city code 13 -1 -3 this resolution and with the following condition: The property owner will be required to submit a land use request for a lot split and rezoning and meet all requirements set forth in city code. 0 Adopted by the City Council of the City of Andover on this 20th day of August, 2013. CITY OF ANDOVER © ATTEST: NKchael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk s x © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072 -13 A RESOLUTION APPROVING A VARIANCE TO THE REQUIREMENTS IN ACCORDANCE WITH CITY CODE 12 -14 -7 FOR PROPERTY LOCATED AT 15511 JUNIPER STREET NW LEGALLY DESCRIBED AS FOLLOWS: Lot 4, Block 5 Nordeen Addition plus South 10 feet of Lot 3, Block 5, Nordeen Addition WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -3 -5 to allow a two (2) foot variance by allowing the construction of an addition to the home eight (8) feet from the northern property line and by acknowledging the existing home side yard setback of eight (8) feet, and; WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission, and; WHEREAS, the City Council finds the request is in harmony with the purposes and intent of the ordinance; © WHEREAS, the City Council finds the request is consistent with the Comprehensive Plans housing goals, objectives and policies; WHEREAS, the City Council finds the property owner does intend to use the property in a reasonable manner not permitted by the ordinance. The property owner wants to add an addition onto the existing home at the same setback; however, the existing setback is noncompliant to city code; WHEREAS, the City Council finds there are circumstances unique to the property that were not created by the landowner. The home was constructed two (2) feet over the property line prior to the current owner purchasing it. The property owner to the north was approved for a lot split of ten (10) feet that was then added to the existing lot; resulting in an eight (8) foot setback from the property line. WHEREAS, the City Council finds the variance will maintain the essential character of the locality. There will be no changes to the property that will create visual differences that don't already exist. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a two (2) foot variance by allowing the construction of an addition to the home eight (8) feet from the northern property line and by © acknowledging the existing home side yard setback of eight (8) feet, based upon the findings in this resolution and with the following condition: © 1. The variance shall be subject to a sunset clause as provided in 12 -14 -7 E.6. Adopted by the City Council of the City of Andover on this 20th day of August, 2013. CITY OF ANDOVER -� ATTEST: chael R. Gamache, Mayor i helle Harmer, Deputy City Clerk H H © CITY OF ANDOVER COUNTY OF ANOKA STATE OF;MINNESOTA RES. NO. R071 -13 A RESOLUTION APPROVING THE CONDITION USE PERMIT REQUESTED BY ARBOR OAKS SENIOR LIVING, LLC TO OPERATE A BEAUTY SALON AT 1640 —155TH LANE NW, LEGALLY DESCRIBED AS: LOT 1, BLOCK 1 ARBOR OAKS, EX RD SUBJ TO EASE OF REC WHEREAS, Arbor Oaks Senior Living, LLC, has requested a Conditional Use Permit for a beauty salon, and; WHEREAS, the Planning and Zoning Commission held a public hearing and received no objections to said request, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code and would not have a detrimental effect upon the health, safety, general welfare, values of property and scenic views in the surrounding area, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby approve the Conditional Use Permit on the above legally described property for a beauty salon with the following conditions: 1. The salon must comply with the State Cosmetology Board requirements. 2. The salon has a maximum of one chair. 3. Hours of Operation are from 9:00 AM to 9:00 PM, Monday through Saturday. 4. Parking requirements shall be served by the existing parking lot. 5. Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. Adopted by the City Council of the City of Andover on this 20th day of August, 2013. CITY OF ANDOVER ATTEST:, 'chael R. Gamache, Mayor Al Michelle Harmer, Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. R070 -13 A RESOLUTION AMENDING CONDITIONAL USE PERMIT 03 -15 EXTENDING THE TIME FOR THE REMOVAL OF A SUBORDINATE CLASSROOM STRUCTURE ON PROPERTY LOCATED 16045 NIGHTINGALE STREET NW (PIN 15- 32 -24 -42 -0006) LEGALLY DESCRIBED AS: That part of the northwest quarter of the southeast quarter of Section 15, Township 32, Range 24 lying southerly of the southerly right -of -way line of County State Aid Highway number 20 and lying northwesterly of the following described line: beginning at a point on the west line of said quarter quarter 663 feet south of the northwest corner thereof, then east parallel with the north line thereof 402 feet, then northeasterly to a point on said southerly right -of -way line 300 feet westerly of the east line of said quarter quarter and & there terminating, except roadway, subject to easements of record. WHEREAS, Andover Christian Church has requested an amended Conditional Use Permit for a five year extension on the removal of the subordinate classroom structure, and; WHEREAS, the Planning and Zoning Commission held a public hearing and has reviewed the request and recommends approval of the amended Conditional Use Permit; and QWHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the amended Conditional Use Permit; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby approve the amended Conditional Use Permit on the above legally described property for the time extension for five (5) years for the removal of the subordinate classroom structure on said property with the following conditions: 1. The Conditional Use Permit shall expire on August 31, 2018 at which time the temporary structure shall be removed. 2. The Conditional Use Permit shall be subject to section 12- 14 -6 -D of City Code 3. Upon the issuance of the Conditional Use Permit, the Building Department shall perform an inspection of the subordinate classroom structure. Adopted by the City Council of the City of Andover on this 20 "' day of August, 2013. CITY OF ANDOVER © ATTEST: 'chael R. Gamache, Mayor Miihelle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO R069 -13 A RESOLUTION GRANTING THE VACATION OF EASEMENT ON LOT 12 BLOCK 3 KENSINGTON ESTATES LEGALLY DESCRIBED AS FOLLOWS: For the purposes of a permanent easement vacation over, under and across all that part of the east 5.00 feet of the west 10.00 feet of Lot 12, Block 3, Kensington Estates, Anoka County, Minnesota which lies south of the north 5.00 feet thereof and north of the south 5.00 feet thereof WHEREAS, the applicant has requested to vacate the previously described portion of drainage and utility easement; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement. Adopted by the City Council of the City of Andover on this 20`h day of August, 2013 subject to © the following: 1. The vacation of easement shall be recorded at Anoka County. ATTEST i1np.L Mi helle Hartner, Deputy City Clerk H CITY OF ANDOVER M chael R. Gamache, Mayor CITY OF ANDOVER © ANOKA COUNTY STATE OF MINNESOTA RESOLUTION NO. R068 -13 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1 -6 THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council ") for the City of Andover, Minnesota (the "City "), as follows: Section 1. Public Hearin ¢. This Council shall meet on October 1, 2013, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Development Program for the Development District No. 1, the proposed establishment of Tax Increment Financing District No. 1 -6, (an economic development district), and the proposed adoption of a Tax Increment Financing Plan therefor, all pursuant to and in accordance with Minnesota Statutes, Sections 469.090 to 469.1082 , and Sections 469.174 to 469.1794, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing Filing of Plan s. City staff is authorized and directed to work Qwith Ehlers to prepare a Modification to the Development Program for Development District No. 1 and a Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 and to forward documents to the appropriate taxing jurisdictions including Anoka County and Independent School District No. 11. The City Administrator is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to October 1, 2013, and to place a copy of the Plans on file in the City Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: August 20, 2013. City Administrator H Adopted: ke Gamache, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R067 -13 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "CATCHER'S CREEK" FOR PROPERTY LEGALLY DESCRIBED AS; The South 300.00 feet of the North 850.00 feet as measured at right angles to the North line of that part of the Southwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota lying East of the East line of Prairie Road, Anoka County, Minnesota; and That part of Lot 1, Auditor's Subdivision Number 141, Anoka County, Minnesota, lying West of the East 515.00 feet thereof and lying Northerly of the following described line: Beginning at a point on the East line of said Lot 1 distant 1427.98 feet South of the Northeast corner thereof, for the purposes of this description said East line is assumed to bear South; thence South 57 degrees 58 minutes 57 seconds West a distance of 570.26 feet; thence Westerly a distance of 364.52 feet along a tangential curve concave to the North having a radius of 500.00 feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14 minutes 47 seconds West, tangent to said curve, a distance of 202.31 feet to a point on the West line of said Lot 1 distant 1770.00 feet Southerly of the Northwest corner thereof, said line there terminating; and That part of the Southwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at a point on the North line of said Southwest Quarter, distant 216.14 feet West of the Northeast corner of said Southwest Quarter; thence West along said North line a distance of 423.06 feet, more or less, to a point distant 1935 feet East of the Northwest corner of said Southwest Quarter as measured along said North line; thence South perpendicular to said North line a distance of 550.0 feet; thence East parallel with said North line a distance of 424.92 feet, more or less, to a line drawn parallel with the East line of said Southwest Quarter from the point of beginning; thence North parallel with said East line a distance of 550.0 feet to the point of beginning; and That part of the Northeast Quarter of the Southwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota, described as follows: The East 216.14 feet (as measured along the North line of said Northeast Quarter of the Southwest Quarter of Section 25) of the North 550 feet (as measured at right angles to the North line of said Northeast Quarter of the Southwest Quarter of said Section 25) of the Southwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota; and That part of the Northeast Quarter of the Southwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at a point on the North line of the Southwest Quarter distant 1935 feet East of the Northwest corner thereof; thence South at right angles a distance of 550 feet; thence West at right angles a distance of 142 feet, more or less, to a point of intersection with the East line of a town road running in a North - South direction; thence North along said East line 550 feet, more or less, to a point of intersection with the North line of the Northeast Quarter of the Southwest Quarter; thence East along said North line a distance of 142 feet, more or less, to point of beginning; except part or parts taken or used for public road purposes. © WHEREAS, Mark Smith has requested approval of a preliminary plat for Catcher's Creek; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning Commission recommends approval of the preliminary plat to 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 the Preliminary Plat of Catcher's Creek with the following conditions: 1. Park and trail dedication as recommended by the Park and Recreation Commission at the July 18, 2013 meeting. 2. City of Andover staff comments (see attached), Coon Creek Watershed District comments, and Anoka County Highway Department comments shall be satisfactorily addressed prior to any grading of the site. The Andover Engineering Department will determine when all items have been addressed. 3. Coon Creek Watershed District comments shall be satisfactorily addressed and the permit has been issued prior to any grading of the site. 4. A detailed Landscape Plan shall be submitted that shows tree spacing and species of trees to be planted in the development. The landscaping plan shall show the type of landscape screening to be provided on the multiple frontage lots along Prairie Road and Andover Blvd as required by City Code Title 12, Chapter 13. The Landscape Plan shall be approved by the Andover Natural Resources Technician prior to any grading of the site. 5. The applicant shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 6. Approval is contingent upon the applicant providing public easements of sufficient size to allow construction of public streets, sanitary sewer and water utilities to serve the plat in compliance with the City Code. 7. Building permits will not be issued until the final plat has been recorded with Anoka County and the Federal Emergency Management Agency (FEMA) approves the request for a Letter of Map Amendment (LOMA) on the lots that are impacted by the floodplain. 8. No grading of the site shall be allowed until written permission has been received to grade on the property located west of the proposed Holly Street NW is obtained and placed on file with the City. 9. Temporary cul -de -sac easement(s) shall be provided for all streets that extend and dead end at a distance greater than two hundred and ten (210) feet from an adjacent intersection. 10. A one hundred (100) foot trail easement along the north side of Coon Creek shall be shown on the preliminary plat. 11. Such plat approval is contingent upon the rezoning of the properties to accompany single family urban development. 12. Separate easement documents will be required for each proposed vehicle maintenance access. 13. Prior to final plat recording at Anoka County, a development agreement acceptable to the City Attorney must be executed by the Developer. 14. A ten (10) foot trail easement shall be shown on the preliminary plat along the east line of Lot 1, Block 6 from 143`d Avenue NW to the hundred (100) foot trail easement along Coon Creek. 15. © The temporary cul -de -sac at 143`d Avenue NW be examined to determine if a permanent cul -de- sac can be expanded and developed to the east and if so the preliminary plat may be revised accordingly. H H Adopted by the City Council of the City of Andover this 5h day of August, 2013. TTE, T: . Mi helle Hariner, City Clerk CITY OF ANDOV R ichael R. G ache, Mayor X 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R066 -13 MOTION by Council member Bukkila to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 13 -30 FOR ROOF REPLACEMENTS. WHEREAS, bids were received, opened and tabulated according to law on July 26, 2013 at Andover City Hall with results as follows: Contractor Bid Amount McPhillips. $300,000.00 Palmer West $305,000.00 Dalco Roofing $330,205.00 John A. Dalsin Roofing $336,500.00 Commercial Roofing $348,303.00 Rosenquist Construction $396,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate McPhillips as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with McPhillips in the amount of $300,000 for the roof replacements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Howard and adopted by the City Council at a Council meeting this 5th day of August, 2013, with Council members Gamache, Knight, Howard, Bukkila voting in favor of the resolution, and Council members Trude (absent) voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner— Deputy City Clerk CITY OF ANDOVER Mi ael R. Gam - Mayor E ❑s S CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 065 -13 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION FOR PUBLIC.HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 11 -10, SOUTH COON CREEK DRIVE NW RECONSTRUCTION, WHEREAS, by a resolution passed by the City Council on July 16, 2013, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 11 -10 . 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 3rd day of September , 2013 , in the City Hall at 7:00 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 Howard and adopted by the City Council at a regular meeting this 5th day of August , 2013 , with Councilmembers Bukkila, Howard, Trude (absent), Gamachem, Knight voting in favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. ATTEST: C� Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER Mic ael R. Gam-ache - Mayor voting © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R064 -13 A RESOLUTION APPROVING THE CONDITION USE PERMIT REQUESTED BY KIM COLEMAN TO OPERATE AN IN HOME BEAUTY SALON AT 15955 — DRAKE STREET NW, LEGALLY DESCRIBED AS: LOT 13, BLOCK 3 CHESTERTON COMMONS NORTH 2ND ADDITION WHEREAS, Kim Coleman has requested a Conditional Use Pen-nit for an in home beauty salon, and; WHEREAS, the Planning and Zoning Commission has reviewed the beauty salon request and has determined that said request meets criteria of Code 12 -9 -8 IN HOME BEAUTY SALONS AND BARBERSHOPS, and; WHEREAS, the Planning and Zoning Commission held a public hearing and received no objections to said request on July 9th, 2013, and; © WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code and would not have a detrimental effect upon the health, safety, general welfare, values of property and scenic views in the surrounding area, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby approve the Conditional Use Permit on the above legally described property for an in home beauty salon with the following conditions: 1. The salon must comply with the State Cosmetology Board requirements. 2. The salon has a maximum of one chair. 3. Hours of Operation are from 10:00 AM to 9:00 PM, seven (7) days a week. 4. The driveway will fulfill the parking requirements for the salon. 5. The beauty salon shall be owner occupied. 6. Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. Adopted by the City Council of the City of Andover on this 16th day of July, 2013. CITY OF ANDOVER,7� -✓Cc.. © ATTEST: ael R. Ga e, Mayor i helle Hartner, Deputy City Clerk ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R063 -13 A RESOLUTION AMENDING RESOLUTION R192 -04 TO MODIFY THE PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT STANDARDS OF "COUNTRY OAKS WEST" FOR JABBS DEVELOPMENT COMPANY INC. LOCATED IN THE NORTH %z, SECTION 14, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS: Lots 12 -23, Block 1, Country Oaks West according to the recorded plat thereof, Anoka County, Minnesota and; WHEREAS, JABBS Development Company Inc. has requested approval of a revised preliminary plat and revised planned unit development standards; and WHEREAS, the Andover Review Committee has reviewed the revised preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has © conducted a public hearing on said preliminary plat; and WHEREAS, as a result of such public hearing, the Planning Commission has reviewed the request and determined that said request meets the criteria of City Code 13 Planned Unit Development and the intent of the previously approved preliminary plat; and WHEREAS, the Planning Commission recommends to the City Council the approval of the preliminary plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the revised preliminary plat and planned unit development review of Country Oaks West, with the following conditions: 1. The Preliminary Plat shall conform to the plans revised May 1, 2013 and stamped received on May 1, 2013. 2. Exhibit B shall regulate the lot dimensions and setbacks for the proposed development. 3. The development shall conform to City Code Titles 11, 12, and 13, as well as Exhibit B "Country Oaks West Design Standards ". Exhibit B shall regulate when in conflict with the City Code. 4. All previous conditions of Resolution R192 -04 not modified by this resolution shall remain in effect. 5. The landscape plan shall consist of the planting of sixty -five (65) white pines along the © eastern property line of the single - family lots. H H X 6. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 8. The drainage and utility easements shall be vacated at the time of the final plat. 9. The developer will be required to enter into a development contract as part of the final plat. A financial guarantee may be required as a part of the agreement to assure grading improvements will be completed. 10. The developer and Homeowner's Association shall demonstrate, to the satisfaction of the City, the existence or non - existence of a legal homeowner's association, and the future plans for the existence or non - existence said association. In satisfying this requirement, all legal documents shall be reviewed and approved by the City Attorney prior to the submittal of the final plat. Adopted by the City Council of the City of Andover this 16th day of July, 2013. ATTEST:, MAe'lle Hartner, Deputy City Clerk CITY OF ANDOVER Vc ael R. Gamache, Mayor © Country Oaks West 2nd Addition Preliminary Plat Resolution �411&1 S EXHIBIT B Amending Resolution R192 -04 and Country Oaks West Design Standards The standards for lot width, lot depth, lot area and setbacks within the preliminary plat and Planned Unit Development amendment are as follows: Item Single Family Standard 12,000 sf as shown on prelim. plat revised 5/1/13 and stamped rec'd by the City of Min. Lot Area Andover 5/1/13 75 ft per single family lot as shown on prelim plat revised 5/1/13 and stamped rec'd by Min. Lot Width the City of Andover 5/1/13 Front Setback 25 feet 10 feet house side Side Setback 6 feet garage side Rear Setback 65 feet minimum The proposed single family homes within the development will demonstrate quality architectural design and the use of high quality building materials for unique design and detailing. The building architectural standards shall generally conform to the photos stamped received March 19, 2013. Given the location of the railroad track along the eastern property line, a buffer of tree screening will be planted between the single family homes and the railroad track. The screening will consist of a minimum of sixty -five (65) white pines with a minimum height at the time of planting of 8' — 10' feet. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. 062 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 11 -10, SOUTH COON CREEK DRIVE NW RECONSTRUCTION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $2,083,579.57 , the expenses incurred or to be incurred in the making of such improvement amount to $ 431,365.87 so that the total project costs of the improvement are $ 2,514,945.44 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 2,194,400.09 , and the amount to be assessed against benefited property owners is declared to be $320,545.35 2. Assessments shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 1st Monday in January 2014, and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 16`h day of July Iii , 2013, with Councilmembers Knight, Howard, Trude, Gamache Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ✓�✓% �„ © _ Mic ael R. Gamac e - Mayor Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ® RES. NO. 061-13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM SEWER PIPE EXTENSION IN THE FOLLOWING AREA OF 4038 — 153 LANE NW, PROJECT 13 -17. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the 1 st Monday in January, 2014 and shall bear interest at a rate of 4.5 percent per annum from the date of the adoption of this assessment resolution. © 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 16th day of Jul_, 2013 , with Councilmembers Knight, Howard, Trude, Gamache Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER © ATTEST: ✓'�� Mic ael R. Gamache - Mayor Mic elle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R060 -13 X A RESOLUTION CONCERNING THE COMMENCEMENT OF RENEWAL PROCEEDINGS UNDER THE FEDERAL CABLE ACT WHEREAS, the City of Andover, Minnesota ( "City ") enacted an ordinance granting a cable television franchise (collectively, the "Franchise ") effective on or about March 6, 2001, authorizing the provision of cable television service within the territorial limits of the City; and WHEREAS, as a result of several transfers of the Franchise, Comcast of Minnesota, Inc. ( "Comcast ") currently holds the Franchise; and WHEREAS, the City is a member of the Quad Cities Cable Communications Commission ( "Commission "), a municipal joint powers entity organized under Minnesota Statutes § 471.59, as amended, pursuant to an agreement among the member cities (the "Joint Powers Agreement); and; WHEREAS, the Commission administers and enforces the cable franchises issued by Andover, Anoka, Champlin and Ramsey, and provides community programming and certain other services on behalf of these member cities, and; WHEREAS, the Commission is responsible for processing initial cable franchising requests and franchise renewal requests on behalf of the member cities, and for making recommendations to the member cities; and WHEREAS, the Commission's member cities, including the City, retain final authority to approve and enact any initial or renewal franchise(s), and; WHEREAS, the Franchise is scheduled to expire on or about March 6, 2016, unless sooner terminated or extended, and; WHEREAS, by letter dated March 28, 2013 from Comcast to the City, Comcast invoked the franchise renewal procedures set forth in applicable federal law, and; WHEREAS, Section 626(a)(1) of the Cable Commissions Policy Act of 1984, as amended (the "Cable Act "), 47 U.S.C. § 546(A)(1), provides that if a written renewal request is submitted by a cable operator during the 6 -month period from 36 to 30 months before franchise expiration, the franchising authority shall, within six months of such request, commence a proceeding to identify the future cable - related community needs and interests, and to review the performance of the cable operator during the franchise term; and 423311 RJV QU2104 © WHEREAS, the City wishes to comply with the Cable Act and commence the required renewal proceedings while permitting the Commission to pursue the informal renewal process contemplated by Section 656(h) of the Cable Act, 47 U.S.C. § 546(H), and; WHEREAS, the Joint Powers Agreement authorizes the Commission to conduct renewal proceedings and any negotiations with Comcast on the City's behalf, and; WHEREAS, the City wishes to reaffirm the Commission's authority to process renewal of the Franchise in accordance with the Cable Act, Minnesota law and the Franchise, and manage and conduct franchise renewal proceedings and negotiations on its behalf, and; WHEREAS, the City recognizes that, in conducting renewal proceedings, the Commission may collect and analyze information from Comcast, the City, and the public and other interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA, THAT: Section 1. The City reaffirms the Commission's authority under the Joint Powers Agreement to commence franchise renewal ascertainment and past performance proceedings in accordance with the Cable Act. Section 2. The Commission is authorized to utilize, at its discretion, the formal or informal renewal processes and the Commission may initiate either process without further action or approval by the City. Section 3. The Commission may provide the public an opportunity to participate in the Franchise renewal proceedings. Section 4. The Commission is authorized to gather such information as may be deemed appropriate, and to take such further steps as may be needed or desired to ensure that identified cable - related needs and interests of the City, Commission, and the public are satisfied in any renewal franchise as provided by applicable law. The Commission may require that Comcast submit such information as may be deemed appropriate in connection with the renewal process to the maximum extent permitted by the Franchise and applicable laws and regulations. Section 5. . The City reserves all of its rights, remedies and defenses with respect to determining whether or not to renew the Franchise. The Mayor, City Council members and City employees shall avoid stating a position on the renewal of the Franchise or Franchise renewal - related issues until the Commission makes formal written recommendation to the City. Section 6. The Commission shall keep the City fully appraised of the status and progress of the formal and informal renewal processes, as appropriate. © Section 7. This Resolution shall become effective immediately upon adoption. 423311 RJV QU210 -4 D ADOPTED this the 2 "dday of July, 2013. H S 423311 RJV QU210 -4 MAY-OR Q CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R059 -13 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING ABATEMENT OF SPECIAL ASSESSMENTS ON PIN 33 32 24 13 0015. WHEREAS, special assessments were requested and certified to a contract for deed property and that property was returned to the original owners with no intentions of hooking -up to city water; and WHEREAS, the property owners have requested that the special assessments be abated from PIN 33 32 24 13 0015 and any payments be refunded less city expenses. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby approves the abatement of special assessments on PIN 33 32 24 13 0015 and any payments be refunded less city expenses. © MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 2nd day of July 2013, with Councilmembers Bukkila, Gamache, Howard, Trude voting in favor of the resolution, and Councilmembers Knight (absent) voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner - Deputy City Clerk u CITY OF ANDOVER Michael R. Gamache - Mayor E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 058 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 11 -47, 174T" AVE. NW /HEATHER STREET NW /173RD LANE NW. WHEREAS, the City of Andover has a contract for Project No. 11 -47, 174th Ave. NW /Heather Street NW /173rd Lane NW with Omann Brothers Paving Inc. of Albertville, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order #1 to Project No. 11 -47. Adopted by the City Council of the City of Andover this 2nd day of July 2013. CITY OF ANDOVER ATTEST:✓/ Mic ael R. Gamac e — Mayor Michelle Hartner — Deputy City Clerk C' -J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 057 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT / ORDERING QUOTES FOR QUINN STREET SIDEWALK CONSTRUCTION PROJECT NO. 13 -26 WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement and order quotes for sidewalk construction along the east side of Quinn Street from 137th Lane to Bunker Lake Boulevard, Project 13 -26; and BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Bukkila and adopted by the © City Council at a meeting this 2"d day of July, 2013, with Councilmembers Trude, Bukkila, Knight (absent) Gamache Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi ael R. Gamache - Mayor Midhelle er --Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 056 -13 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING QUOTES AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 13 -07 & 13-12,2013 TRAIL AND PARKING LOT MAINTENANCE. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.— 051-13 dated June 18, 2013, quotes were received, opened and tabulated according to law with results as follows: Allied Blacktop, Inc. $40,216.00 ACI, Inc. $44,329.00 Fahrner Asphalt Sealers $103,282.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Allied Blacktop, Inc. as being © the apparent low quoter. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Allied Blacktop, Inc. in the amount of $40,216.00 for construction of the improvements. MOTION seconded by Council member Bukkila and adopted by the City Council at a regular meeting this 2nd day of July , 2013, with Council members _Trude, Bukkila, Knight (absent), Gamache, Howard voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ✓ly , �Gfiy� Mi ael R. Gamache - Mayor C � is elle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 055 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 13 -17 FOR STORM SEWER PIPE EXTENSION IN THE FOLLOWING AREA OF 4038 —153 LANE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the total expenses incurred or to be incurred in the making of such improvement is $3,860.60. 1. NOW, THEREFORE BE IT RESOLVED by the ity of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $0.00 the amount to be assessed against benefited property owners is declared to be $3,860.60. 2. Assessments shall be payable in equal annual installments extending over a period of 5 years. The first of the installments to be payable on or before the 1 st Monday in January 2014 , and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 2nd day of Jule, 2013, with Councilmembers Trude, Bukkila, Knight (absent), Gamache, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ©Miehael R. Gamache — Mayor Mi hel e Hartner — Deputy City Clerk U Eal CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R054 -13 A RESOLUTION APPROVING THE FINAL PLAT OF " PARKSIDE AT ANDOVER STATION FOURTH ADDITION" ON PROPERTY LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS: Outlot D and Lots 1 -9, Block 2, PARKSIDE AT ANDOVER STATION 2nd Addition, according to the recorded plat thereof, Anoka County, Minnesota WHEREAS, the City Council has approved the revised preliminary plat of the project to be known as "Parkside at Andover Station "; and WHEREAS, the Developer has presented a final plat of Parkside at Andover Station 4 1 Addition; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Parkside at Andover Station 4`h Addition contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover June 1 1, 2013 and shall be subject to all of the conditions of Preliminary Plat Resolution R045 -13. 2. Vacation of the existing drainage and utility easements on Oulot D and Lots 1 -9, Block 2, Parkside at Andover Station 2nd Addition. 3. The rededication of drainage and utility easements for all public utilities over, under, and across Lot 1, Block 1, Parkside at Andover Station 4`h Addition once their location is determined through the site plan review and approval process. Adopted by the City Council of the City of Andover this 181h day of June, 2013. ATTEST: Mic] ells Hartner, Deputy City Clerk CITY OF ANDOVER M ael R. Gam e, Mayor CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R053 -13 A RESOLUTION GRANTING THE VACATION OF EASEMENTS ON OUTLOT D AND LOTS 1 -9, BLOCK 2, PARKSIDE AT ANDOVER STATION 2ND ADDITION LEGALLY DESCRIBED AS FOLLOWS: Those drainage and utility easements over, under, and across Outlot D and Lots 1 -9 Block 2, Parkside at Andover Station 2nd Addition. WHEREAS, the Andover Economic Development Authority has requested to vacate the previously described drainage and utility easements; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easements. © Adopted by the City Council of the City of Andover on this 18`h day of June, 2013 subject to the following: 1. Approval is contingent upon approval of the Parkside at Andover Station revised preliminary and final plats. 2. The vacation of easement shall only be recorded at Anoka County concurrently with the final plat of Parkside at Andover Station 4th Addition. ATTEST r chelle Hartner, Deputy City Clerk H CITY �OFF ANDOVER 'chael R. Gam e, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 052 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND APPROVING THE CONNEXUS ENERGY PROPOSAL FOR LIGHTING, PROJECT N0. 12 -31 3535-161 ST AVENUE NW /SPORTS COMPLEX. WHEREAS, pursuant to Resolution No. 017-13, adopted by the City Council on the 19th day of February 2013 , Connexus Energy has prepared final plans and specifications for Project No. 12 -31 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of June 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. © NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications and approve the Connexus Energy Proposal for Lighting. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 18th day of June 2013 , with Councilmembers Trude, Bukkila, Knight, Gamache, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: 'Michelle Hartner — Deputy City Clerk CITY OF ANDOVER z -- ze chael R. Gamache - Mayor Q © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 051 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING QUOTES FOR PROJECT NOS. 13 -7 & 13 -12 FOR 2013 TRAIL MAINTENANCE & 2013 PARKING LOT MAINTENANCE . WHEREAS, pursuant to Resolution No. _122 -12, adopted by the City Council on the 12th day of December , 2012, the Director of Public Works /City Engineer has prepared final plans and specifications for Project Nos. 13 -7 & 13 -12 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of June 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek quotes as required by law, with such quotes to be opened at 2:00 om , June 27th, 2013 at the Andover City Hall. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 18th day of June 2013 , with Councilmembers Trude, Bukkila, Knight, Gamache Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mrhael R. Gama e - Mayor © Michelle Hartner — Deputy City Clerk ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 050 -13 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 12 -31, SPORTS COMPLEX/3535 —161 ST AVENUE NW /WELL . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 040 -13 dated May 21, 2013, bids were received, opened and tabulated according to law with results as follows: Municipal Builders, Inc. $117,818.00 Mark J. Traut Wells $123,654.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Municipal Builders, Inc. as being the apparent low bidder. p BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Municipal Builders, Inc. in the amount of $117,818.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Howard and adopted by the City Council at a regular meeting this 18th day of June , 2013, with Council members Trude, Bukkila, Knight, Gamache Howard voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: r Mi ael R. Gam e - Mayor AMellle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 049 -13 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 12 -31, SPORTS COMPLEX13535 —161 ST AVENUE NW. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 035 -13 dated May 7 , 2013, bids were received, opened and tabulated according to law with results as follows: Contractor Base Bid Alt. #1 Alt. #2 Total Bid Matt Bullock Contracting Co. Inc. $401,417.50 $303,450.00 $37,984.50 $742,852.00 Cobalt Contracting $475,817.00 $308,000.00 $5,750.00 $789,567.00 Designing Land Contracting $481,215.00 $282,900.00 $27.025.00 $791,140.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Matt Bullock Contracting Co. Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Matt Bullock Contracting Co. Inc. in the amount of $704,867.50 (Base Bid & Alternate 1) for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member - Knight and adopted by the City Council at a regular meeting this 4th day of June , 2013 , with Council members'- Bukkila, Howard Knight Gamache Trude voting in favor and Council members none voting against, whereupon said resolution was declared passed. ATTEST: '-Mic elle Hartner—Deputy City Clerk CITY OF ANDOVER Mir6hael R. Ga the - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 048 -13 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 13 -4 2013 SEAL COATING, TO COMPLETE THE 2013 CRACK SEAL PROJECT WHEREAS, the City of Andover has a contract for Project No. 13 -41 2013 Seal Coating through the North Metro Maintenance consortium and the City of Andover desires to add crack sealing items to the contract as previously bid through the consortium of cities; NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 13 -4 with American Pavement © Solutions. Inc. of Green Bay WI Adopted by the City Council of the City of Andover this 4t" day of June 2013. CITY OF ANDOVER ATTEST: �-- ichael R. Gamac e — Mayor Michelle Hartner — Deputy City Clerk x CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 047 -13 MOTION by Council member Bukkila to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 13-02,2013 STREET RECONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No._ 034 -13 dated May 7 , 2013, bids were received, opened and tabulated according to law with results as follows: Contractor Total Bid Omann Brothers Paving, Inc. $854,524.84 Hardrives, Inc. $879,692.13 Veit and Company $999,488.95 Engineer's Estimate $956,088.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Omann Brothers Paving Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with . Omann Brothers Paving Inc. in the amount of $854,524.84 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Howard and adopted by the City Council at a regular meeting this 4th day of June 2013, with Council members Bukkila, Howard, Knight Gamache Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mic ael R. Gamac e - Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 046 -13 MOTION by Council member Bukkila to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 12 -28, NIGHTINGALE STREET NW RECONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.- 033-13 dated May 7 , 2013, bids were received, opened and tabulated according to law with results as follows: Contractor Total Bid Rum River Contracting, Inc. $1,197,710.64 North Valley, Inc. $1,255,822.75 Veit and Company $1,418,436.00 Engineer's Estimate $1,263,358.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rum River Contracting Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with . Rum River Contracting Inc. in the amount of $1,197,710.64 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Howard and adopted by the City Council at a regular meeting this 4 t day of June 2013 , with Council members Bukkila, Howard, Knight Gamache Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 29-x' M' ehael R. Gamache - Mayor Mic ellfi e Harmer– Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R045 -13 A RESOLUTION AMENDING RESOLUTION R052 -05 TO MODIFY THE PLANNED UNIT DEVELOPMENT STANDARDS OF "PARKSIDE AT ANDOVER STATION" LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS: Lots 1 -9, Block 2, and Outlot D, Parkside at Andover Station 2 Addition according to the recorded plat thereof, Anoka County, Minnesota; and WHEREAS, The Andover Economic Development Authority has requested approval of revised planned unit development standards and a revised preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on the revised planned unit development and preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 13 Planned Unit Development and the intent of the previously approved preliminary plat; and WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the revisions to the planned unit development and preliminary plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby agrees with the recommendation of the Planning and Zoning Commission and approves the revised planned unit development and preliminary plat of Parkside at Andover Station, with the following conditions: 1. All previous conditions of Resolution R052 -05 not modified by this resolution shall remain in effect. 2. A sidewalk be constructed and connected from the proposed project to the existing trials along Linnet Street NW or 139"' Avenue NW. Adopted by the City Council of the City of Andover this 21" day of May, 2013. CITY OF ANDOVER ATTEST: C Q� �, Michael R. Gamache, Mayor Mic elle Hartner, Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R044 -13 A RESOLUTION GRANTING CONDITIONAL USE PERMIT FOR MINING AND LAND RECLAMATION AT PIN 30- 32 -24 -43 -0001 LEGALLY DESCRIBED AS: THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30 TOWNSHIP 32 RANGE 24 EXCEPT THE SOUTH 518.55 FEET OF THE WEST 300.00 FEET OF SAID QUARTER AND EXCEPT THE SOUTH 165.00 FEET OF SOUTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 30 TOWNSHIP 32 RANGE 24 ALSO EXCEPT ROADS SUBJECT TO EASEMENT OF RECORD WHEREAS, Brent Jensen, North Pine Aggregate, has requested a conditional use permit for mining 60,000 cubic yards of sand and land reclamation of 20,000 cubic yards of black dirt on the subject property; and WHEREAS, City Code 12 -12 requires a conditional use permit for excavation and land reclamation of more than 400 cubic yards of material; and WHEREAS, the Planning Commission held a public hearing and has reviewed the request; and © WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover and recommends to the City Council approval of the conditional use permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and approves the conditional use permit on said property with the following conditions: 1. The applicant shall obtain a permit from the Lower Rum River Watershed Management Organization prior to commencement of work on the property. 2. The applicant shall obtain a NPDES permit from the Minnesota Pollution Control Agency prior to commencement of work on the property. 3. The site shall be restored and vegetated prior to winter conditions or no later than December 1, 2013. 4. Mining is limited to 60,000 cubic yards of sand and land reclamation is limited to 20,000 cubic yards of black dirt, to occur only in the areas approved on the site plans stamped received on April 16, 2013 by the City of Andover. 5. An AutoCAD as built plan and digital information must be submitted to the City showing compliance with this permit at the completion of the mining and restoration of the site. 11 © Adopted by the City Council of the City of Andover on this 21" day of May, 2013. CITY OF ANDOVER ATTEST: chael R. Gamache, Mayor 4ww� Mi helle Hartner, Deputy City Clerk 1101 U © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R043 -13 A RESOLUTION APPROVING THE CONDITION USE PERMIT REQUESTED BY PETER MILLER AND PATRICIA RYSDAM TO CONSTRUCT A TEMPORARY DOCK ON THE RUM RIVER AT 15238 — 7TH AVE NW, LEGALLY DESCRIBED AS: ALL THAT PRT OF LOT 6 SEC 19 TWP 32 RGE 24 LYG N OF A LINE DRAWN PRLL TO AND 28 RODS S OF N LINE OF SD LOT 6, EX RD SUBJ TO EASE OF REC WHEREAS, Peter Miller and Patricia Rysdam have requested a Conditional Use Permit for a temporary dock on the Ruin River, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code and would not have a detrimental effect upon the health, safety, general welfare, values of property and scenic views in the surrounding area, and; WHEREAS, the Minnesota Department of Natural Resources has reviewed the request and determined that said request does not violate any terms or conditions of Wild and Scenic Rivers, © and; WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Pen-nit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby approve the Conditional Use Permit on the above legally described property for a temporary dock on the Rum River with the following conditions: 1. The dock is limited in size to the specifications as dictated by the DNR in the "Docks and Access in Public Waters" handout. 2. The dock size is limited to the model shown in Exhibit A with two (2) of the 4' x 8' x 8" middle dock sections removed Adopted by the City Council of the City of Andover on this 21" day of May, 2013. CITY OF ANDOVER V'e" G541Z ATTEST: M ael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk H1 8'-0' ■ � EXHIBIT A (l ..41- -48"R -AMP RUM RIVER DOCK PROPOSAL TO SHORE Ji Y. _;` 15238 7TH AVE NW ANDOVER, MN APRIL 12.2013 8" S' UN DE ANAIEA CUIIH[CiDA [REQUIRES 12' NAIER DEV1111 V OVERHEAD ASSIST BAR © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 042 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER FOR PROJECT 12 -31, SPORTS COMPLEX (3535 — 161 ST AVENUE NW). WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from Andover Football Association will be $2000 each year for the next five years for a total of $10,000 that will be used at the Sports Complex (3535 — 161St Avenue NW), Project 12 -31. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution from Andover Football Association. MOTION seconded by Councilmember Bukkila and adopted by the City © Council at a regular meeting this 21 st day of May, 2013, with Councilmembers Knight, Bukkila, Gamache, Trude, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was Declared passed. ATTEST: Michelle Hartner - Deputy City Clerk 1J CITY OF ANDOVER chael R. Gamache - Mayor E H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R041 -13 A RESOLUTION APPROVING THE FINAL PLAT OF "MILLER'S WOODS 4TH ADDITION" ON PROPERTY LOCATED IN SECTION 13, TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS: Outlot E, Miller's Woods, except Miller's Woods 2 °d Addition and Miller's Woods 3`d Addition, according to the recorded plat thereof, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Miller's Woods "; and WHEREAS, the Developer has presented a final plat of Miller's Woods 4th Addition and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Miller's Woods 4th Addition contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover April 15, 2013. 2. A separate maintenance vehicle access agreement shall be provided for a twenty foot wide area centered on the property line shared by Block 3, Lots 2 -3 and Block 4, Lots 6- 7. 3. Association documents are to be amended and approved by the City Attorney. 4. Park dedication and trail fees shall be paid on a per unit basis at the rate in effect at the time of final plat approval and subject to increase as provided by state statute. Payment shall be made prior to the issuance of building permits. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee is required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 21 st day of May, 2013. TTEST° Michelle Hartner, City Clerk CITY OF ANDOVER l ichael R. Ga che, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 040 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR WELL COMPONENTS /PROJECT NO. 12 -31, SPORTS COMPLEX/3535 — 161sT AVENUE NW. WHEREAS, pursuant to Resolution No. 017 -13, adopted by the City Council on the 19th day of February , 2013, Bolton & Menk, Inc. has prepared final plans and specifications for Project No. 12 -31 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 21St day of May 2013 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. © BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 1:30 p.m., June 6, 2013 at the Andover City Hall. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 21St day of May 2013 , with Councilmembers Knight, Bukkila, Gamache, Trude, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi hael R. G ache - Mayor © Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 039-13 MOTION by Councilmember Howard to adopt the following: A RESOLUTION IN SUPPORT OF A GRANT APPLICATION & MODIFICATIONS TO THE ANOKA DAM ON THE RUM RIVER TO SERVE AS AN ASIAN CARP BARRIER. WHEREAS, the Rum River is at risk of infestation by Asian Carp; and WHEREAS, it has been shown that the infestation of Asian Carp on rivers has a devastating impact on water resources as well as negatively effecting the State's $2.8 billion annual State sport fishing industry; and WHEREAS, the current Anoka Dam does not serve as an effective Asian Carp barrier due to the fact that the dam's tainter -gate, which is used to manage flow, opens from the bottom, and also because the vertical distance between the upper and lower pools is at times inadequate; and WHEREAS, it is vitally important that the Anoka Dam on the Rum River be modified so that it may serve as an Asian Carp barrier; and WHEREAS, the City of Andover and other partners throughout the Rum River Watershed are concerned about the potentially devastating effects of Asian Carp establishment © in the Rum River; and WHEREAS, modifications to the Anoka Dam could make it an effective Asian Carp barrier; and WHEREAS, funding for the modification of the Anoka Dam is needed, therefore efforts to obtain a grant to study this project are being pursued. NOW, THEREFORE, BE IT RESOLVED, that the Andover City Council hereby supports the efforts to obtain grant funding for necessary modifications to the Anoka Dam on the Rum River, so that it may serve as an Asian Carp barrier. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 215E day of May , 2013, with Councilmembers Howard, Knight, Gamache, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was Declared passed. CITY OF ANDOVER © ATTEST; G�z�✓ :Fx CAO,(-'vv, M' hael R. Ga mache -Mayor Michelle Hartner - Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 038 -13 A RESOLUTION REVOKING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that the streets described as follows, to wit: Part of MSAS 120, Eldorado Street NW from Bunker Lake Boulevard NW to 145th Avenue NW MSAS 136, 146th Lane NW from Prairie Road NW to University Avenue NW be and hereby are revoked as a Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration and upon his approval of the revocation of said streets or portions thereof. 0 Adopted by the City Council of the City of Andover this 21st day of May 2013 . CITY OF ANDOVER ATTEST: ichael R. Ga ache - Mayor Mic ��� elle Hartner — Deputy City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on May 21, 2013. Michelle Hartner — Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 037 -13 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be designated as Municipal State Aid Streets under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that these streets described as follows, to wit: C Xeon Street NW from Andover Boulevard NW to Crosstown Boulevard NW to be and hereby established, located and designated as Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for their consideration and upon his approval of the designation of said streets or portion thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Andover and to be known as Municipal State Aid Streets. © Adopted by the City Council of the City of Andover this 21s` day of May 2013 . CITY OF ANDOVER ATTEST: M' hael R. Gamac e - Mayor %)I lu i LL c -41'a Igno - Mic elle Hartner — Deputy City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on May 21, 2013. Michelle Hartner — Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 036 -13 A RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON NIGHTINGALE STREET NW FROM CROSSTOWN BOULEVARD NW TO 161ST AVENUE NW THIS RESOLUTION passed this 1St day of May, 2013, by the City of Andover, Minnesota, Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City "; and WHEREAS Municipal State Aid funds will be utilized to fund the street reconstruction project; and WHEREAS, the State will require that parking be restricted along these © segments as part of the plan review process; and NOW, THEREFORE, BE IT RESOLVED, that the City shall restrict parking of motor vehicles in the area described as: Along Nightingale Street NW from Crosstown Boulevard NW to 161st Avenue NW. Adopted by the City Council of the City of Andover this 7th day of May 2013. ATTEST: - Miq6ael R. Gam-ache - Mayor �t�LL(--- R a"q 1, V, Michelle Hartner— Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 035 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 12 -31, SPORTS COMPLEX/3535 — 161sT AVENUE NW... WHEREAS, pursuant to Resolution No. 017 -13 , adopted by the City Council on the 19th day of February 2013 , WSB and Associates has prepared final plans and specifications for Project No. 12 -31 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7th day of May 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. © BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , Friday, May 31, 2013 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 7th day of May 2013 , with Councilmembers Trude, Knight, Gamache, Bukkila, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: "lX1 ael R. Gamache - Mayor �1 J4 Qil �+'1 tJL Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 034 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 13-02,2013 STREET RECONSTRUCTION . WHEREAS, pursuant to Resolution No. 011 -13 , adopted by the City Council on the 5th day of February , 2013 , the City Engineer has prepared final plans and specifications for Project No. 13 -2 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7th day of May 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 9:15 a.m. , Friday, May 31 2013 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 7th day of May 2013 , with Councilmembers Trude, Knight, Gamache, Bukkila, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: hael R. Ga the - Mayor Michelle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 033 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 12 -28, NIGHTINGALE STREET NW RECONSTRUCTION . WHEREAS, pursuant to Resolution No. 015 -13 , adopted by the City Council on the 19th day of February , 2013 , the City Engineer has prepared final plans and specifications for Project No. 12 -28 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7th day of May 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 8:30 a.m. , Friday, May 31 2013 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 7th day of May 2013 , with Councilmembers Trude, Knight, Gamache, Bukkila, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 'chael R. Gamache - Mayor 1 "Ahj I I I I I -C dot kl-' jV Mid elle Hartner— Deputy City Clerk ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R032 -13 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF JOEL KITTELSON TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 17480 BUTTERNUT STREET NW (PIN: 01- 32 -24 -44 -0002) LEGALLY DESCRIBED AS FOLLOWS: LOT 1, BLOCK 1, GENTHON PONDS ADDITION, ANOKA COUNTY, MINNESOTA, WHEREAS, the applicant owns certain real property located in Genthon Ponds Addition and has requested that the City vacate a portion of the drainage and utility easements located on their property, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the following drainage and utility easement: The drainage and utility easement as depicted on the attached Exhibit B for Lot 1, Block 1, GENTHON PONDS ADDITION, Anoka County, Minnesota. BE IT FURTHER RESOLVED, that the vacation of said easement is contingent upon the approval and recording of the proposed lot line shift and dedication of new drainage and utility easement with Anoka County Recorder's Office. If the proposed lot line shift or dedication of new drainage and utility easement fails to be approved and recorded with the Anoka County Recorder's Office this resolution shall be null and void. Adopted by the City Council of the City of Andover on this 16th day of April, 2013. CITY OF ANDOVER ATTEST Wchael Gama e, Mayor � 1 M'chele City Clerk CW] © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R031 -13 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF TERRY MEYER TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 17446 BUTTERNUT STREET NW (PIN: 01- 32 -24 -44 -0003) LEGALLY DESCRIBED AS FOLLOWS: LOT 2, BLOCK 1, GENTHON PONDS ADDITION, ANOKA COUNTY, MINNESOTA, WHEREAS, the applicant owns certain real property located in Genthon Ponds Addition and has requested that the City vacate a portion of the drainage and utility easements located on their property, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the following drainage and utility easement: © The drainage and utility easement as depicted on the attached Exhibit A for Lot 2, Block 1, GENTHON PONDS ADDITION, Anoka County, Minnesota. BE IT FURTHER RESOLVED, that the vacation of said easement is contingent upon the approval and recording of the proposed lot line shift and dedication of new drainage and utility easement with Anoka County Recorder's Office. If the proposed lot line shift or dedication of new drainage and utility easement fails to be approved and recorded with the Anoka County Recorder's Office this resolution shall be null and void. Adopted by the City Council of the City of Andover on this 16th day of April, 2013. CITY OF ANDOVER z ATTEST chael Ga e, Mayor 9�, Mi helle Harmer, City Clerk LAID CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 030 -13 MOTION by Council member Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 11 -47, 173RD LANE NW, HEATHER STREET NW/174 TH AVENUE NW & 13-08,2013 CURB REPAIRS, WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 019 -13 dated March 19, 2013, bids were received, opened and tabulated according to law with results as follows: Contractor Base Bid Alt. Bid Total Bid Omann Brothers Paving, Inc. $264,768.86 $40,348.80 $305,117.66 New Look Contracting, Inc. $290,317.31 $41,122.00 $331,439.31 Rum River Contracting Co. $308,743.34 $23,671.20 $332,414.54 Engineer's Estimate $283,510.50 $41,500.00 $325,010.50 © NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Omann Brother's Paving, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with _Omann Brother's Paving, Inc. in the amount of $305,117.66 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Howard and adopted by the City Council at a regular meeting this 16th day of April , 2013 , with Council members Knight, Howard, Trude, Gamache, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi hael R. ac Ga he - Mayor Mi helle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R029 -13 A RESOLUTION APPROVING THE CLASSIFICATION AND SALE OF FORFEITED PROPERTIES (PID# 27- 32 -24 -31 -0007, 27- 32 -24 -42 -0001, 27- 32 -24 -43 -0001, 27- 32- 24 -44- 0001) IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A WHEREAS, Minnesota Statute 282.01 requires the governing body of a municipality to approve the classification and sale of forfeit parcels that lie within their jurisdiction; and WHEREAS, the City Council has no interest in acquiring the subject properties for any purposes as provided by Minnesota Statute 282.01; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the classification and sale of the subject land forfeiture properties. Adopted by the City Council of the City of Andover on this 16`h day of April, 2013. © CITY OF ANDOVER ATTEST M' ael R. Gamac e, Mayor Mi helle Hartner, Deputy City Clerk H Exhibit A u CITY OF ANDOVER Commissioner District 5 27- 32 -24 -31 -0007 TH PT OF THE NE1 /4 OF THE SW 1/4 OF SEC 27 -32 -24 TH IS DESC AS FOLLOWS - COM AT THE NE CORNER OF SAID NE 1/4 OF THE SW 1/4- TH W ALONG THE N LINE THEREOF FOR 58.6 FT & TO THECENTER LINE OF CNTY STATE AID HWY NO. 18- TH S 32 DEG 55 MIN W FOR 550.17 FT ALONG SAID CENTER LINE- TH S 44 DEG 11 MIN W FOR 342.85 FT ALONGSAID CENTER LINE- TH S 45 DEG 26 MIN E FOR 872 FT & TO THE SE CORNER OF SAID NE 1/4 OF SW 1/4- TH N ALONG THE E LINE OF SAID NE 1/4 OF THE SW 1/4 & TO THE PT OF COM 27- 32 -24 -42 -0001 ALL THAT PART OF THE NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 27 TOWNSHIP 32 RANGE 24 LYING SOUTH OF THE CENTER LINE OF COON CREEK 27- 32 -24 -43 -0001 SOUTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 27 TOWNSHIP 32 RANGE 24 27- 32 -24 -44 -0001 SOUTHEAST QUARTER OF SOUTHEAST QUARTER OF SECTION 27 TOWNSHIP 32 RANGE 24 X X H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 028 -13 A RESOLUTION REQUESTING A SPEED STUDY ALONG 165TH AVENUE NW WEST OF 7TH AVENUE NW, SECTION TOWNSHIP RANGE IN THE CITY OF ANDOVER. WHEREAS, the City of Andover is requesting the Minnesota Department of Transportation to do a speed study, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the CitX of Andover to hereby request a study with MnDOT along 165th Avenue NW west of 7t Avenue NW. Adopted by the City Council of the City of Andover this 16th day of April 2013. CITY OF ANDOVER ATTEST: Michael R. ache- Mayor ieputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER FOR PROJECT 12 -31, SPORTS COMPLEX (3535 —161 ST AVENUE NW). WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from North Metro Soccer Association of $40,000.00 will be used at the Sports Complex (3535 — 161St Avenue NW), Project 12 -31. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution from North Metro Soccer Association. MOTION seconded by Councilmember Knight and adopted by the City © Council at a regular meeting this 16th day of April, 2013, with Councilmembers Knight, Howard, Trude, Gamache, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was Declared passed. ATTEST: Mic elle Hartner - Deputy City Clerk ❑#r CITY OF ANDOVER o Michael R. Gamache - Mayor H C X CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 026 -13 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 13 -17 FOR STORM SEWER PIPE EXTENSION IN THE FOLLOWING AREA OF 4038 — LANE NW. WHEREAS, the City Council did on the 19th day of February , 2013 order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by Director of Public Works /City Engineer and presented to the Council on the 2° day of April 2013 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 5,000.00 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $5,000.00 , waives the Public Hearing and order improvements. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 2"d day of April 2013 , with Councilmembers Bukkila, Howard, Knight, Trude, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Mi6helle Hartner — Deputy City Clerk CITY OF ANDOVER chael R. Gamac e - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R025 -13 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "HICKORY MEADOWS 2nd ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS; Outlot A Hickory Meadows WHEREAS, Tollberg Homes has requested approval of a preliminary plat for Hickory Meadows 2nd Addition; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning Commission recommends approval of the preliminary plat to 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 the Preliminary Plat of Hickory Meadows 2nd Addition with the following conditions: 1. Trail fees shall be paid for on a per unit basis as established by the City Code. 2. Park dedication will be cash in lieu of land as recommended by the Park and Recreation Commission and shall be paid for on a per unit basis as established by the City Code. 3. The applicant shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 4. Approval is contingent upon the applicant providing public easements of sufficient size to allow construction of public streets, sanitary sewer and water utilities to serve the plat in compliance with the City Code. 5. No grading within the floodplain shall be allowed to occur until all of the required federal, state and local approvals have been obtained and placed on file with the city. 6. Temporary cul -de -sacs and temporary easements shall be provided for all streets that extend and dead end at a distance greater than 210 feet from an adjacent intersection. 7. A recordable Maintenance Agreement for the rain gardens for block 1, lots 1 and 2, and block 2, lots 2 and 3 must be recorded as part of the final plat. 8. 100 foot trail easement along the north side of Coon Creek must be shown on the preliminary plat. 9. Anoka County Highway Department comments must be taken into consideration as part of the platting process. 10. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. S H EAW 11. No building permit shall be allowed until a Letter of Map Amendment (LOMA) is approved by FEMA for all lots within the plat. Adopted by the City Council of the City of Andover this 19`" day of March, 2013. TT ST: �City Michelle Hartner, Clerk CITY OF ANDOVER Michael ktamache, Mayor L41 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R024 -13 A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER HUSKIES YOUTH HOCKEY TO CONDUCT LAWFUL GAMBLING AT THE BEAN COFFEE WINE CAFE, 15190 BLUEBIRD STREET NW, SUITE 100, ANDOVER, MINNESOTA. WHEREAS, the Andover Huskies Youth Hockey has submitted an application to the City of Andover for a premises permit to operate lawful gambling at The Bean Coffee Wine Cafe, 15190 Bluebird Street NW, Suite 100, Andover, Minnesota; and WHEREAS, per Minnesota Gambling Control requirements, a resolution must be adopted by the City Council approving said permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that a premises permit for lawful gambling conducted by the Andover Huskies Youth Hockey is hereby approved. Adopted by the City Council of the City of Andover this 19`" day of March, 2013. CITY OF ANDOVER Attest: Michael R. Gamache --IV ayor Michelle Hartner — Deputy City Clerk 1 L�J © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R023 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS FIRE DEPARTMENT. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from John and Judy Hennen to be used towards the Fire Department. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Fire Department. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of March 2013, with Councilmembers Gamache, Bukkila, Howard, Knight and Trude voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: 1 Miclielle Hartner - Deputy City Clerk x CITY OF ANDOVER y /r /��a?I�' � ,may- . //�•�. Michael R. 6arrfache - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R022 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Internal Revenue Service has issued Section 1.103 -18 of the Income Tax Regulations (the "Regulations ") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time of the issuance of the bonds; and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to © certain projects hereinafter identified; NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration of official intent' pursuant to Section 1.103 -18 of the Regulations. 1. Official Intent Declaration (a) The City proposes to undertake the following projects described on Exhibit A attached hereto. (b) Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103- 18(1)(2) of the Regulations or (iii) expenditures constituting preliminary expenditures as defined in Section 1.103(1)(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. (c) The City reasonably expects to reimburse the City expenditures made for costs of designated projects out of the proceeds of debt (the "Bonds ") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150 -1(h) of the Regulations. (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103 -18 © of the Regulations. 2. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long -term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a long -term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, © therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filing. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the City Clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case reimbursement of a fund or account in accordance with Section 1.103 -18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. MOTION seconded by Councilmember Knight and adopted by the City Council of the City of Andover on this 19`h day of March, 2013 with Councilmembers Bukkila, Gamache, Howard, Knight, and Trude voting ® in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. ATTEST: Mi helle Hartner — Deputy City Clerk H CITY OF ANDOVER M(chael R. G ache - Mayor ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R021 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Internal Revenue Service has issued Section 1.103 -18 of the Income Tax Regulations (the "Regulations ") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time of the issuance of the bonds; and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to © certain projects hereinafter identified; NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration of official intent' pursuant to Section 1.103 -18 of the Regulations. 1. Official Intent Declaration (a) The City proposes to undertake the following projects described on Exhibit A attached hereto. (b) Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103- 18(1)(2) of the Regulations or (iii) expenditures constituting preliminary expenditures as defined in Section 1.103(1)(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. (c) The City reasonably expects to reimburse the City expenditures made for costs of designated projects out of the proceeds of debt (the "Bonds ") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150 -1(h) of the Regulations. (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103 -18 ® of the Regulations. 2. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long -term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a long -term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, © therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filing. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the City Clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case reimbursement of a fund or account in accordance with Section 1.103 -18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. MOTION seconded by Councilmember Knight and adopted by the City Council of the City of Andover on this 19th day of March, 2013 with Councilmembers Gamache, Bukkila, Knight, Trude and Howard voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. ATTEST: ,--L,6J)J T b I Michelle Hartner — Deputy City Clerk CITY OF ANDOVER :iT��7A - Michael R. 0m1fache - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 020 -13 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 13 -4 FOR 2013 SEAL COATING. WHEREAS, pursuant to the Joint Powers Agreement with Coon Rapids, bids were received, opened and tabulated according to law on March 1 2013 at Coon Rapids City Hall with results as follows: Contractor Andover's Portion Pearson Brothers, Inc. $320,903.00 Allied Blacktop Company $378,629.00 ASTECH Corp. $394,345.00 Engineer's Estimate $347,420.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Pearson Brothers, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Pearson Brothers, Inc. in the amount of $ 320,903.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Knight and adopted by the City Council at a regular meeting this 19th day of March 2013 , with Council members Trude Knight, Gamache, Bukkila, Howard voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: �✓ �y`� Michael R. Gamac e - Mayor C� C C i'YV Mic elle Hartner — Deputy City Clerk u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 019 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 11 -47, 173rd Lane /Heather Street/174th Avenue Gravel Road Paving . WHEREAS, pursuant to Resolution No. 056 -12 , adopted by the City Council on the 5th day of June , 2012 , the City Engineer has prepared final plans and specifications for Project No. 11 -47 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of March 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. © BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 9:00 a.m. , Friday, April 12, 2013 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of March 2013 , with Councilmembers Trude, Knight, Gamache, Bukkila, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: chael R. Gamache - Mayor t t-C Val © Mic elle Hartner — Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 018 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING RESOLUTION SUPPORTING ANOKA COUNTY RUM RIVER REGIONALTRAIL. WHEREAS, Anoka County is pursuing the development of a multi - purpose regional trail system that would link local and state trail systems, regional parks, and provide safe and convenient routes for non- motorized traffic to traverse the County; and WHEREAS, in 1996, the Metropolitan Council adopted a Regional Trails Policy Amendment to its Regional Recreation Open Space Development Guidelines /Policy Plan for the implementation of corridors which provide access to high quality natural resources, regional parks, park reserves, and local areas of interest; and WHEREAS, the alignment of the Rum River Regional Trail Corridor would link together the cities of Anoka, Andover, Oak Grove, and St. Francis; and © WHEREAS, the Rum River Regional Trail Corridor is strategically located to provide pedestrian access to the recreational resources along the Rum River. NOW, THEREFORE, be it resolved that the City of Andover hereby offers its support to Anoka County in the effort to cooperatively develop the Rum River Regional Trail Corridor. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 5th day of March 2013 , with Councilmembers Trude, Knight, Gamache, Howard, Bukkila (absent voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: © M' hael R. Gamache - Mayor Mic elle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 017 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING IMPROVEMENT FOR PHASE 1 AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 12 -31 FOR SPORTS COMPLEX LOCATED AT 3535 -161St AVENUE NW. WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Field grading Irrigation Parking lots Lighting of fields and parking lots at the Sports Complex at 3535 -1615 Avenue NW, Project 12 -31; and BE IT FURTHER RESOLVED by the City Council to hereby direct the WSB and Associates to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 19th day of February , 2013 , with Councilmembers Bukkila, Howard, Knight, Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupgn said resolution was declared passed. CITY OF ANDOVER ATTEST: % Michael R. 6`amache - Mayor Michelle Hartner — Deputy City Clerk X © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA I1,14 190ce- Z10913[1I A RESOLUTION AMENDING THE SPECIAL USE /CONDITIONAL USE PERMIT TO EXPAND THE ALLOWABLE AREAS FOR OUTDOOR DISPLAYS, SALES, AND STORAGE ON THE PROPERTY LEGALLY DESCRIBED AS FOLLOWS: LOTS 1 & 2, BLOCK 1, DOWNTOWN CENTER AND LOT 1, BLOCK 1, ANDOVER CENTER WHEREAS, A Special Use Permit was granted in 1988 to the above replatted legally described properties for outdoor display, sales and storage; and WHEREAS, the City of Andover in 2004 amended the City Code to replace the term Special Use Permit with Conditional Use Permit to be consistent with State Law; and WHEREAS, with this terminology change the process and procedure remains the same; and WHEREAS, the Special Use Permit granted in 1988 on said property is hereby deemed to be a Conditional Use Permit and may be amended through the Conditional Use Permit process; and WHEREAS, the Planning and Zoning Commission held a public hearing and has reviewed the request and recommends approval of the amended Conditional Use Permit; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the amended Conditional Use Permit; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby approve the amended Conditional Use Permit on the above legally described property for outdoor displays, sales and storage with the following conditions: 1. Outdoor displays, sales, and storage shall be conducted during posted mall operating hours only. 2. The location of the sales shall be restricted to the front locations of the mall parking lot unless a plan has been approved by the Community Development Department © allowing the use of side and rear areas. 3. If the outdoor displays or sales are kept overnight and if display areas are not well lit, that reflective materials be placed on the displays so as to help illustrate the displays for safety purposes. © 4. The Conditional Use Permit may be subject to an annual review by the Planning and Zoning Commission and the City Council. 5. Items stored shall not exceed the height of the fence and items accessible for customer purchase shall not exceed four feet in height. 6. The eleven (11) parking spaces on the east property line be removed and the associated islands be reconfigured, consistent with an approved site plan, to create a new drive lane to improve traffic flow. 7. Items may be displayed and sold on the east side of the mall in the rear and side yards outside of the fenced area from March 15th to November 15th annually. 8. All aspects of the property including pedestrian walkways shall comply with ADA requirements and standards. Adopted by the City Council of the City of Andover on this 19th day of February, 2013. CITY OF ANDOVER %- �ATTEST: � p M' ael R. Gainikhe, Mayor Michelle Hartner, Deputy City Clerk U H © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 015 -13 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 12-28, NIGHTINGALE STREET NW RECONSTRUCTION AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 006 -13 of the City Council adopted on the 15th day of January , 2013, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 19th day of February , 2013; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project Nos. 12 -28 . © MOTION seconded by Councilmember Knight and adopted by the City Council at a reqular meeting this 19th day of February 2013, with Councilmembers Bukkila, Howard, Knight, Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: U-n- Michelle Hartner — Deputy City Clerk H CITY OF ANDOVER Michael R. Ga the - Mayor CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 014 -13 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF STORM SEWER PIPE EXTENSION , FOR PROJECT NO. 13-17, IN THE AREA OF 4038 — 153 RLLANE NW. WHEREAS, the City Council has received a petition, dated January 30, 2013 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, © thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 19th day of February 2013, with Councilmembers Bukkila, Howard, Knight, Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R013 -13 A RESOLUTION APPROVING THE FINAL PLAT OF WALMART AT ANDOVER STATION ON PROPERTY LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the City Council has approved the preliminary of Walmart at Andover Station on August 21, 2012; and WHEREAS, the Developer has presented a final plat of Walmart at Andover Station; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover does hereby approve the final plat of Walmart at Andover Station contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover December 21, 2012 and shall be subject to all of the conditions of Q Preliminary Plat Resolution R077 -12. 2. The applicant shall agree to revise the Traffic Impact Study as necessary and continue to work with the Anoka County Highway Department to resolve access and road improvements concerning county roads. 3. The applicant shall agree to revise the Traffic Impact Study as necessary and continue to work with the City of Andover to resolve access and road improvements concerning city streets. 4. The applicant/developer obtains all necessary permits and approvals from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department, City of Andover and any other agency that may be interested in the site. 5. Park dedication shall be paid based on the area being developed and at a fee as identified in City Code 1 -7 -3. Fees for Outlot A will be charged when the oulot is developed. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure subdivision improvements will be completed. 7. All storm sewer and drainage areas on the site are considered private and shall be maintained by and at the owner's expense. 8. Contingent upon staff review and approval for compliance with City 10 ordinances, policies and guidelines. a u H CID] Adopted by the City Council of the City of Andover this 5th day of February, 2013. CITY OF ANDOVER ATTEST: Mi heile Hartner, Deputy City Clerk ichael R. Gamache, Mayor LJ IGA0118.1111I_1 The Southwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. EXCEPT That part thereof, described as follows: Commencing at the point of intersection of the north line of County Road No. 116 and the west line of said Southwest Quarter of the Northeast Quarter; thence North along said west line to the southeast corner of Red Oaks Manor 4th Addition; thence North 52 degrees East 600 feet; thence South 38 degrees East 450 feet; thence South 52 degrees West to a point on a line parallel and 450 feet East of the west line of said Southwest Quarter of the Northeast Quarter; thence South on said parallel line to the north line of County Road No. 116; thence West along said north line to point of beginning, according to the United States Government Survey thereof and situate in Anoka County, Minnesota; ALSO EXCEPT © The North 103.64 feet of the East 315.47 feet of the Southwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. L I i CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R012 -13 A RESOLUTION GRANTING THE VACATION OF EASEMENTS TO VACATE CITY EASEMENTS ORIGINALLY RESERVED IN DOC. NO. 1141388 AND 1485662 LEGALLY DESCRIBED ON THE ATTACHED EASEMENT VACATION EXHIBITS A AND B AND AS FOLLOWS: That particular city street and utility easement over that portion of the following described property, originally reserved in Doc. No. 1141388, and now to be vacated, lying southerly of a line 50.00 feet northerly of and parallel with the center line of Bunker Lake Boulevard; said property is described as follows: The Southwest Quarter of the Northeast Quarter, Section 34, Township 21, Range 24, Anoka County, Minnesota except that part described as follows: Beginning at the intersection of the North line of Bunker Lake Boulevard and the West line of said Quarter, Quarter, thence North along said West line to Southeast corner of Red Oaks Manor 4`h Addition, thence North 52 degrees East 600 feet; thence South 38 degrees East 450 feet, thence South 52 degrees West to intersection with a line parallel with and 450 feet East of said West line, thence South along said parallel line to North line of said road, thence West along said North line to point of beginning. © TOGETHER WITH That particular city street and utility easement over that portion of the following described property, originally reserved in Doc. No. 1141388, and now to be vacated, located between a line drawn 50 feet North and parallel with the center line of Bunker Lake Boulevard and a line drawn 75 feet North and parallel with the center line of Bunker Lake Boulevard; said property is described as follows: The Southwest Quarter of the Northeast Quarter, Section 34, Township 21, Range 24, Anoka County, Minnesota except that part described as follows: Beginning at the intersection of the North line of Bunker Lake Boulevard and the West line of said Quarter, Quarter; thence North along said West line to Southeast corner of Red Oaks Manor 4`h Addition; thence North 52 degrees East 600 feet; thence South 38 degrees East 450 feet; thence South 52 degrees to intersection with a line parallel with and 450 feet East of said West line; thence South along said parallel line to North line of said road; thence West along said North line to point of beginning. That particular roadway, drainage, utility and trail easement originally reserved in Doc. No. 1485662 and now to be vacated; lying within the following described property: © The Southwest Quarter of the Northeast Quarter, Section 34, Township 21, Range 24, Anoka County, Minnesota except that part described as follows: Beginning at the intersection of the North line of Bunker Lake Boulevard and the West line of said Quarter; thence North along said West line to Southeast corner of Red Oaks Manor © 4th Addition; thence North 52 degrees East 600 feet; thence South 38 degrees East 450 feet, thence South 52 degrees West to intersection with a line parallel with and 450 feet East of said West line, thence South along said parallel line to North line of said road; thence West along said North line to point of beginning. Said easement lying easterly and southerly of the following described line: Beginning at a point on the North line of Bunker Lake Blvd. 93 feet west of the East line of said above described tract; thence northerly, perpendicular to the North line of Bunker Lake Blvd. 27 feet; thence northeasterly to a point on a line parallel with and 68 feet west of the East line of said above described parcel and 52 feet north of the North line of said road; thence northerly along a line parallel with and 68 feet west of the East line of said parcel to a point 283 feet northerly of the North line of said road; thence easterly parallel with the North line of said road to a point on a line parallel with and 45 feet west of the East line of said parcel, to a point 483 feet northerly of the North line of said road; thence northeasterly to a point on the East line of said parcel, 633 feet northerly of the North line of Bunker Lake Blvd. and said line there terminating. WHEREAS, the applicant has requested to vacate the previously described roadway, drainage, utility and trail easements originally reserved in Doc. No. 1141388 and Doc. No. 1485662; and WHEREAS, a public hearing was held and there was no opposition to the request, WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover, and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the roadway, drainage, utility and trail easements. Adopted by the City Council of the City of Andover on this 5th day of February, 2013 subject to the following condition: As part of the recording of Walmart at Andover Station final plat, the following is required to be dedicated: 10 foot drainage and utility easement along Jay Street and Jay Street right -of -way, and a 25 foot drainage and utility easement parallel to Bunker Lake Blvd. CITY OF ANDOVER ATTEST Michael R. mache, Mayor © - arner � Mic ielle , Deputy City Clerk Q m X W I \ 1 1 \ I �♦ 1 ♦ 1 I 01 1 ♦♦ �Y I I BUNKER LAKE BLVD. NW 14800 28N AM N. Ste 140 PynnouN, Minnesota 55447 (7681476.8818 Blepnolle 17631476.6012 elephons vmwmtra.com amfra el i� /y I YI ' I� /L I ♦ It BUNKER LAKE BLVD. - WALMART STORE #1999 -00 ANDOVER, MN EASEMENT VACATION EXHIBIT 0_ I (T NORTH o 100 SCALE IN FEET Designed: Exhibit Number Drawn: ik II 1/ 1 77 L Initial Issue: 03 /16 /2012 Rev.: I- Date: Project No. WAL18936 f `n IQ I (T NORTH o 100 SCALE IN FEET Designed: Exhibit Number Drawn: Approved: MFM 1/ 1 Initial Issue: 03 /16 /2012 Rev.: Date: Project No. WAL18936 0 A EXHIBIT B 1 ) �r v r z X Ca FWWZ LL I F � a w a Z LJ Z 7 I F�10w6ZIOemtl85147 .,C pfia1178 tak a UM Uo pGA 178.853A Fx5m08 Wfra f; ✓ www.v;x0m I ~ z `- . N I c �1 I o NORTH 100 cr,• m d N Z STALE IN FEET 1 C ,C 93 BUNKER LAKE BLVD. NW N: I v r z X Ca FWWZ LL I F � a w a Z LJ Z 7 i © I F�10w6ZIOemtl85147 .,C pfia1178 tak a UM Uo pGA 178.853A Fx5m08 Wfra f; ✓ www.v;x0m I ~ z `- . N ry c I o NORTH 100 cr,• m d N Z STALE IN FEET C ZM 93 BUNKER LAKE BLVD. NW N: I S UNE, NEi /4 - i © 14800 2M Am U. SW 140 F�10w6ZIOemtl85147 pfia1178 tak UM Uo pGA 178.853A Fx5m08 Wfra www.v;x0m i • WALMART STORE #1999 -00 ANDOVER, MN EASEMENT VACATION EXHIBIT i \ Designed: Exhibit Number Drawn: KMM, Approved: MPH1 Issued: 03/21/2012 Rev.: A- Comment Date: MM /DD/YYYY project No. WAL18936 1 S U C] CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 011 -13 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 13 -2 2013 STREET RECONSTRUCTION (STENQUIST ADDITION & 159TH AVENUE NW) AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 004 -13 of the City Council adopted on the 2nd day of January , 2013, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 5th day of February , 2013; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project Nos. 13 -2 . MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 5th day of February , 2013, with Councilmembers Bukkila, Howard, Gamche, Trude, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER Mi ael R. Ga the - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RO10 -13 A RESOLUTION MODIFYING CITY OF ANDOVER RESOLUTION NUMBER 005- 13, A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes, Section I I 8 sets forth the procedures for the deposit of public funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other financial institutions are, from time to time, able to pay the City of Andover interest rates on deposits that are greater than can be obtained from the official depositories; and WHEREAS, on Friday, January 18, 2013, 1st Regents Bank, Andover, MN was closed by © the Minnesota Department of Commerce and subsequently the Federal Deposit Insurance Corporation (FDIC) was named Receiver. All deposit accounts were transferred to First Minnesota Bank; and WHEREAS, First Minnesota Bank can provide services to the City of Andover comparable to the City's current supplemental depositories; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that 1" Regents Bank is removed as a supplemental depository and First Minnesota Bank be added as a supplemental depository for investment and cash management purposes only. Adopted by the Andover City Council on the 5t" day of February 2013. CITY OF ANDOVER ATTEST: r'/i✓�= —= 77y„„/c Michael R. Gamache - Mayor tat CA 'Michelle Hartner — Deputy City Clerk E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R009 -13 A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT TO EXTEND THE APPROVAL TO STOCKPILE BLACK DIRT /FILL TO JULY 1, 2014 ON THE PROPERTY LOCATED AT 16563 HANSON BOULEVARD NW LEGALLY DESCRIBED AS FOLLOWS: SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA WHEREAS, the applicant has received approval of a conditional use permit for importing more than 400 cubic yards of material November 2, 2012 from City Council on April 17, 2012 and the amended conditional use permit allows for a maximum of 3,000 cubic yards of material to be temporarily stockpiled until July 1, 2014; and WHEREAS, the Planning Commission held a public hearing on January 8, 2013; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning Commission recommends to the City Council approval of the conditional use permit amendment; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the conditional use permit amendment to allow for the storage of black dirt/fill on said property with the following conditions: 1. Material shall be stored only in the areas indicated on the aerial photo stamped received by the City of Andover December 18, 2012. 2. The material shall be graded, seeded, and contained with a silt fence in accordance to City Code at a slope no greater than 4:1 by May 1, 2013. 3. The applicant shall obtain a permit from the Lower Rum River Watershed Management Organization for stockpiling fill. 4. The applicant is responsible to obtain any necessary permits that may be required from the Minnesota Pollution Control Agency for a NPDES permit, Minnesota Department of Natural Resources, US Army Corps of Engineers, Lower Rum River WMO and /or other agency that may interested in the site. 5. The site shall be graded to the pre- existing topographic elevations. As areas are graded to meet the pre- existing topographic elevations to the original grade, these disturbed areas shall be seeded and mulched within 14 days. 6. All material shall be utilized in compliance with the City Code and Lower Rum River Watershed Management Organization requirements or removed from the site by July 1, 2014. The site shall also be restored as provided in Condition #5 above. 7. The applicant shall obtain written approval from Koch Industries, Inc for the continued use of the contacted berm installed over the gas pipeline by North Pine Aggregate, Inc to haul fill materials to the approved stockpile locations. © 8. The applicant shall obtain written approval from Koch Industries, Inc for the crossing of the pipeline during the removal of the fill from the site. Adopted by the City Council of the City of Andover on this 15th day of January, 2013. CITY OF ANDOVER ATTEST: ichael R. Gamache, Mayor Mi belle Hartner, Deputy City Clerk x Awl © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R008 -13 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE STATION (AUTOMOTIVE REPAIR) ON PROPERTY LOCATED AT 1716 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS FOLLOWS: LOT 3, BLOCK 1, PANKONIN ADDITION, EXCEPT THE EAST ONE -HALF (E1 /2) THEREOF WHEREAS, CBH Properties Andover, LLC has requested approval of a Conditional Use Permit for an automobile service station on the subject property; and WHEREAS, the Planning Commission held a public hearing on January 8, 2013; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning Commission recommends to the City Council approval of the © conditional use permit; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the conditional use permit for the automotive service station subject to the following conditions: 1. The applicant shall be required to successfully complete a commercial site plan in compliance with City Code 12 -14 -2. 2. Obtain Fire Department approval of plans through the building permit process prior to construction. 3. The hours of operation shall be 7:00 a.m, to 7:00 p.m. Monday through Saturday. 4. No outdoor storage or sales shall be allowed on subject property. 5. With the exception of night drop -off, vehicles shall not be parked outside overnight. 6. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 14 -6D. Adopted by the City Council of the City of Andover on this 15th day of January, 2013. CITY OF ANDOVER ATTEST: 4ichael R. Gamacbe, Mayor tuty City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 007-13 A RESOLUTION DESIGNATING CITY OF ANDOVER 2013 BOARD OF APPEAL AND EQUALIZATION. WHEREAS, Minnesota Statutes sets forth the process and procedures for municipalities to conduct an annual Board of Appeal and Equalization within their respective municipality; and WHEREAS, the City of Andover has designated the Anoka County Assessor as the City Assessor; and WHEREAS, The Anoka County Assessor, pursuant to statute, shall fix a day and time when the board or the board of equalization shall meet in the assessment districts of Anoka county. Notwithstanding any law or city charter to the contrary, a city board of equalization shall be referred to as a board of appeal and equalization. On or before February 15 of each year the assessor shall give written notice of the time to the city or town clerk. The meetings must be held between April 1 and May 31 each year. The clerk shall give published and posted notice of the meeting at least ten days before the date of the meeting; and © WHEREAS, the Anoka County Assessor will hold the 2013 board of appeal and equalization at the Andover City Hall as the date for properties within the City of Andover; and WHEREAS, the City of Andover City Council desires to designate the City of Andover Board of Appeal and Equalization; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's 2013 Board of Appeal and Equalization contains the following voting members: Mayor Mike Gamache Councilmember Sheri Bukkila Councilmember Tony Howard Councilmember Mike Knight Councilmember Julie Trude City Administrator /City Clerk Jim Dickinson Adopted by the Andover City Council on the 15`h day of January 2013. CITY OF ANDOVER ATTEST: '�� G✓!� © Michael R. amache - Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 006 -13 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR NIGHTINGALE STREET NW RECONSTRUCTION, PROJECT NO. 12 -28. WHEREAS, pursuant to Resolution No. 119 -12, adopted the 4th day of December 2012 a Feasibility Report has been prepared by the City Engineer for the improvements: and WHEREAS, such report was received by the City Council on the 15th day of January, 2013; and WHEREAS, such reports declared the proposed assessments to be feasible for an estimated total project cost of $ 1,551,300.00 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Reports for Project No. 12 -28 for the improvements. © 2. The Council will consider the improvements in accordance with the reports and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 1,551,300.00. 3. A public hearing shall be held on such proposed improvement on the 19th day of _ February , 2013 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 15th day of January 2013, with Councilmembers Knight, Trude, Gamache, Bukkila, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER t ATTEST: V��! chael R. Gamac e - Mayor Michelle Hamner— Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R005 -13 A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes sets forth the procedures for the deposit of public funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other financial institutions are, from time to time, able to pay the City of Andover interest rates on deposits that are greater than can be obtained from the official depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's official depositories for 2013 are the Andover office of Wells Fargo Bank Minnesota, N.A., the Andover office of US Bank and 1St Regents Bank. © BE IT FURTHER RESOLVED that Wells Fargo Investment Services Inc. and Wells Fargo Institutional Trust; US. Bank Institutional Trust; the Minnesota Municipal Money Market Fund; Klein Bank; Northland Securities; Comerica Securities Inc.; Morgan Stanley /Smith Barney.; RBC Dain Rauscher Inc.; UBS Financial Services Inc.; and Raymond James /Morgan Keegan be designated as additional depositories for 2013 for investment and cash management purposes only. BE IT STILL FURTHER RESOLVED that the City Administrator of the City of Andover is hereby designated as the approval authority for the release and acceptance of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. Adopted by the Andover City Council on the 2" d day of January 2013. CITY OF ANDOVER ATTEST: o ichael R. Gamache - Mayor ® Mi elle Hartner — Deputy City Cleric CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 004 -13 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR 2013 STREET RECONSTRUCTION PROJECT NO. 13 -2. WHEREAS, pursuant to Resolution No. 118 -12, adopted the 4th day of December , 2012 a Feasibility Report has been prepared by the City Engineer for the improvements: and WHEREAS, such report was received by the City Council on the 2nd day of January , 2013; and WHEREAS, such reports declared the proposed assessments to be feasible for an estimated total project cost of $ 1,292,400.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Reports for Project No. 13 -2 for © the improvements. 2. The Council will consider the improvements in accordance with the reports and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 1,292,400.00 3. A public hearing shall be held on such proposed improvement on the 5th day of February , 2013 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 2nd day of January 2013 , with Councilmembers Bukkila, Knight, Gamache, Trude, Howard voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: QMi hael R. Gamache - Mayor Mi helle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA X X RES. NO. R003 -13 A RESOLUTION APPROVING THE NORTHWEST ANOKA COUNTY COMMUNITY CONSORTIUM JOINT POWERS AGREEMENT WHEREAS, the Andover City Council approved a joint powers agreement in 1995 between Anoka County, Anoka- Hennepin School district #11 and the cities of Anoka, Ramsey and Andover to create an organizations known as the Northwest Anoka County Community Consortium; and WHEREAS, the current agreement will expire on December 31, 2012; and WHEREAS, Anoka County on November 27, 2012 reauthorized the Joint Powers Agreement #2012 -2337 between the Anoka- Hennepin School District #11 and the cities of Anoka, Ramsey and Andover; and WHEREAS, the City of Andover wishes to extend the Northwest Anoka County Community Consortium Joint Powers Agreement; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover approves the Joint Powers Agreement 42012 -2337 between the Anoka - Hennepin School District #11 and the cities of Anoka, Ramsey and Andover. Adopted by the Andover City Council on the 2nd day of January 2013. CITY OF ANDOVER ATTEST: Mi ael R. ache -Mayor Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RESOLUTION NO. R002 -13 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF ANDOVER ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Andover on behalf of its Prosecuting Attorney desires to enter into a Joint Powers Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreement further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreement by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Andover on behalf of its Prosecuting Attorney, is hereby approved. Copies of the Joint Powers Agreement are attached to this Resolution and made a part of it. 2. That the City Administrator -Jim Dickinson, or his or her successor, is designated the Authorized © Representative for the City of Andover. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 3. That the City Attorney -Scott Baumgartner, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 4. That Michael R. Gamache, the Mayor for the City of Andover, and Jim Dickinson, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. C Passed and Adopted by the Council on this 2nd day of January, 2013. CITY OF ANDOVER u r� A x CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA R001 -13 A RESOLUTION AUTHORIZING APPLICATIONS FOR 2013 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE USED TO CONDUCT PROJECTS WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS WHEREAS, the City Council recognizes the need to use Community Development Block Grant funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the United States Department of Housing and Urban Development, following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the City will be eligible to receive funds distributed by Anoka County to conduct projects for the residents of the City for the 2013 fiscal year; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the 2013 Community Development Block Grant Projects and Budget as follows: 2013 Authorized CDBG Application with Requested Amount 2013 Project Proposal Acquisition /Demolition Crosstown Boulevard and Crosstown Drive $200,000 TOTAL $200,000 Adopted by the City Council of the City of Andover on this 2nd day of January, 2013. CITY OF ANDOVER -> ATTEST: ichael R. Gamache, Mayor ichelle Deputy City Clerk