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© 0 2019 Resolutions Res. # Subject Date Recorded Number 001-19 Approve final lans/18-37Neterans Memorial Blvd. O1/02/19 002-19 Designate City of Andover 2019 Board of Appeal and Equalization O1/02/19 003-19 Designate depositories of City Funds and investment purposes O1/02/19 004-19 Accept feasibility re ort/I 8-3 8/University Ave. reconstruction O1/15/19 005-19 Resolution approving 35m h speed limit/168's Ave. between Round Lake Blvd. and Verdin St. O1/15/19 006-19 Accept feasibility re ort/18-52/2128 & 2130 140' Lane O1/15/19 007-19 Accept contribution/North Metro Soccer Association/Community Center O1/15/19 008-19 Order im rovement/19-2/2019 street reconstruction O1/15/19 009-18 Grant vacation of easement/storm sewer and pond/16640 Roanoke St. O1/15/19 01/25/19 2219235. 003 010-19 Grant vacation of easement/vacation of roadway easement/16640 Roanoke St. 01/15/19 01/25/19 2219235. 004 011-19 Adopt assessment roll/18-52/2128 & 2130 140' Lane/wm 02/05/19 012-19 Establish parking restrictions/both sides of Veterans Memorial Blvd/between Nightingale St. and Tower Dr. 02/05/19 013-19 Membership in the 4M fund 02/05/19 014-19 Grant vacation of easement/2384 151" Ave. 02/05/19 2/25/19 563203.0 01 015-19 Approve CUP/mini storage facility/13535 Grouse St. 02/05/19 2/25/19 563203.0 02 016-19 Accept bids/17-27/Public Works facility 02/05/19 017-19 Grant a lication/DNR/Federal Recreational Trail Program 02/05/19 018-19 Accept bids/18-37Neterans Memorial Blvd. 02/19/19 019-19 Order improvement/ 18-3 8/UniversiAve. reconstruction 02/19/19 020-19 Approve finalplat/Winslow Cove 2"d Addition 02/19/19 021-19 Approve final plans & s ecs/I 8-38/University Ave. reconstruction 03/05/19 022-19 Approve final plans & s ecs/19-2/2019 street reconstruction 03/05/19 023-19 Accept bids/ roiect nos. 19-3, 19-4, 19-5 19-7, & 19-10 04/02/19 024-19 Grant interim usepermit/classroom structures/13655 Round Lake Blvd./Grace Lutheran Church 03/05/19 025-19 Establish parking restrictions/both sides of Xeon St. in Winslow Cove 2"d Addition 04/02/19 026-19 Revoke municipal state aid streets 04/02/19 027-19 Establish municipal state aid streets 04/02/19 028-19 Post issuance debt compliance policy/tax exempt and tax advantaged governmental bonds 04/02/19 029-19 Approve preliminary plat/Estates of Cedar Ride 04/02/19 030-19 Approve preliminary plat/Catcher's Creek East 04/02/19 031-19 Accept bids/award contract/ 18-38/Universi Ave. reconstruction 04/16/19 032-19 Accept bids/award contract/19-2/2019 street reconstruction 04/16/19 033-19 Approve finalplans/ 18-39/Lift Station #110 improvements 04/16/19 034-19 Approve submittal of the Andover Comprehensive Plan to the Metropolitan Council 04/16/19 035-19 Approve final plans ands ecs/17-26/Andover YMCA Community Center expansion 04/16/19 036-19 Calling fora public hearing/proposed property tax abatements/Community Center Expansion 04/16/19 037-19 Dangerous do owned by Lorri Monster & Brett Mallam/17729 Eidelweiss St. 04/16/10 2019 Resolutions 038-19 Order im rovement/18-33 & 18-34 05/07/19 039-19 Set annual income level/senior citizen and disabled individuals for deferral of special assessments and sanitary sewer rates 05/07/19 040-19 Approving roe tax abatements 05/07/19 041-19 Approve CUP/on site, in home therapeutic massage services/14405 Osage St. 05/07/19 5/20/19 2227270. 004 042-19 Approve variance/2384 1511t Ave. 05/07/19 043-19 Grant IUP/land reclamation/25-32-24-21-0004/Mark and Mike Smith 05/07/19 044-19 Approve preliminary plat/Catcher's Creek West 05/07/19 045-19 Award contract/18-39/Lift Station 910 05/21/19 046-19 Approve preliminary plat/Shadowbrook North 05/21/19 047-19 Approve change order #1/17-17/Crosstown Blvd. trail 06/04/19 048-19 Approve changer order #1/19-2/2019 Street Reconstruction 06/04/19 049-19 Accept contribution/community center expansion/Andover Huskies Youth Hockey Association 06/04/19 050-19 Grant vacation of easement/2491 174" Lane 06/04/19 6/21/19 2230029. 001 051-19 Award contract/ 17-26/community center expansion 06/04/19 052-19 Sale of general obligation tax abatement bonds/series 2019A 06/04/19 053-19 Authorizing the City Administrator to close on purchase agreement/Winslow Cove 2n" Addition 06/04/19 054-19 Accept contribution/Fire Dept./safety cam 06/18/19 055-19 Grant Interim Use Permit/land reclamation/14-32-24-42-0004 06/18/19 056-19 Approve finalplat/Country Oaks North 4" Addition 06/18/19 057-19 Approve variance/13951 Holly St. 07/02/19 058-19 Amend CUP/1574 154" Ave. 07/02/19 7/19/19 2232629. 002 059-19 Accept contribution/Community Center 07/16/19 060-19 Grant IUP/land reclamation/10-32-24-44-0005 061-19 Sale of tax abatement bonds/Series 2019A 07/16/19 062-19 Request speed stud Neterans Memorial Blvd. between Nightingale St. and Tower Dr. 08/05/19 063-19 Request speed study/Nightingale St. between Crosstown Blvd. and 16111 Ave. 08/05/19 064-19 Approve preliminary plat/PUDNillas at Crosstown Woods 08/05/19 065-19 Declare dangerous do /13693 Hidden Creek Dr./Olson/Shih Tzu Mix 08/05/19 066-19 Designate no parkinR/along 1501h Ave., Swallow St., and Raven St./Woodland Estates 08/20/19 067-19 Grant IUP/land reclamation/4239 1651h Ave. 08/20/19 068-19 Approve CUP/interim performance standards/3017 161't Ave. 08/20/19 9/9/19 2237851. 001 069-19 Declare costs/I 8-3 8/University Ave. reconstruction 09/03/19 070-19 Finalplat/Villas at Crosstown Woods 09/03/19 071-19 Adopt Andover 2020 proposed property tax levy 1 09/03/19 072-19 Update certified bonded indebtedness for 2020 09/03/19 073-19 Public hearin I 8-3 8[University Ave. reconstruction 09/17/19 074-19 Declare costs/19-02/2019 street reconstruction 09/17/19 075-19 Accept contribution/Community Center/MN Premier Volleyball 09/17/19 ® 0 2019 Resolutions 076-19 Accept Kristy Wisniewski as a member of the Public Employees Police and Fire Plan 09/17/19 077-19 Lots lit re uest/124 170' Ave./12-32-24-14-0012 09/17/19 078-19 Public hearin 19-02/2019 street reconstruction 10/01/19 079-19 Declare cost/2019 delinquent services 10/01/19 080-19 Establish 2020 election polling places 10/15/19 081-19 Finalplat/Estates of Cedar Ride 10/15/19 082-19 Adopt 2020-2024 capital improvement plan 10/15/19 083-19 Adopt assessment roll/ 18-38/University Ave. reconstruction 10/15/19 084-19 Grant vacation of easement/16381 Inca St. 10/15/19 085-19 Public hearingjissuance of revenue note/YMCA 10/15/19 086-19 Reimbursement resolution/2020 equipment urchases 11/06/19 087-19 Issuance and sale of a revenue note/YMCA 11/06/19 088-19 Adopt assessment roll/19-2/2019 Street Reconstruction 11/06/19 089-19 Vacation of easement/15281 Swallow St. 11/06/19 090-19 Adopt assessment ro1U2019 delinquent services 11/06/19 091-19 Order feasibility re orU20-02/2020 street reconstruction 11/19/19 092-19 Order feasibility re orU20-14/2020 mill & overlay/Jay St. 11/19/19 093-19 Order feasibility re ort/20-15/2020 mill & overlay/Martin St. 11/19/19 094-19 Order feasibility re ort/20-16/2020 mill & overlay/Woodland Estates Pt & 2nd Additions 11/19/19 095-19 Order im rovement/20-11/Andover Station North Ball Field Facility/east field lighting 11/19/19 096-19 Order im rovement/19-19/Hills of Bunker Lake West Park/trail reconstruction 11/19/19 097-19 Order im rovement/20-17/Public Works pavementreconstruction 11/19/19 098-19 Adopt City of Andover 2020 budget and tax levy 12/03/19 099-19 Certified bonded indebtedness for 2020 12/03/19 100-19 Accept feasibility report/project 20-02/2020 Street Reconstruction 12/17/19 101-19 Accept feasibility report/project 20-14/2020 Mill & Overlay -Jay St. 12/17/19 102-19 Accept feasibility re ortiroject 20-15/2020 Mill & Overlay -Martin St. 12/17/19 103-19 Accept feasibility report/project 20-16/2020 Mill & Overlay -Woodland Estates ls' & 2nd Additions 12/17/19 104-19 Approve change order 42/ ro'ect 18-39/Lift Station #10/ ro'ect 19-23/Coon Creek watermain crossing emergency repair 12/17/19 105-19 Accept contribution/Andover Football Association/project 20-11/field lights at Andover Station North 12/17/19 106-19 Approve cost -of -living wage adjustments for non -bargaining employees/2020 12/17/19 107-19 Denying CUP/accessory structure/2384 S. Coon Creek Dr. 12/17/19 CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. R107-19 A RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE TO BE LOCATED ON A PROPERTY THAT DOES NOT HAVE A PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT 2384 SOUTH COON CREEK DRIVE NORTHWEST AND LEGALLY DESCRIBED AS FOLLOWS: All That Part Of Lot 1, Block 3 Shady Knoll Addition, Anoka County, Minnesota, which lies northwesterly of the following described line: Commencing at the southwest corner of said Lot 1, Block 3; thence on an assumed bearing of North 00 degrees 24 minutes 53 seconds East, along the west line of said Lot 1, Block 3, a distance of 157.76 feet to the point of beginning of the line to be described; thence North 58 degrees 54 minutes 26 seconds East a distance of 225.80 Feet to the southwesterly right of way line of South Coon Creek Drive as platted in Shady Knoll Addition and said line there terminating, subject to a public roadway easement per Document No. 651628. WHEREAS, the applicant has requested approval of a Conditional Use Permit for an accessory structure to be located on a property that does not have a principal structure on the subject property; and WHEREAS, the Planning and Zoning Commission held a public hearing on the Conditional Use Permit pursuant to City Code; and WHEREAS, the Planning and Zoning Commission found that the request would have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommended to the City Council the denial of said Conditional Use Permit; and WHEREAS, the City Council reviewed the Conditional Use Permit requests and received the recommendation of the Planning Commission; and WHEREAS, the City Council now makes the following Findings of Fact and Conclusions of Law: The approval to split the subject property off from 2356 South Coon Creek Drive NW was conditioned upon a land use agreement which provided one year for the applicant to remove the garage, have a house built on the lot or apply for and have a Conditional Use Permit approved. The deadline for these items was January 8, 2019, and therefore the subject property is in violation of the land use agreement. 2. If approved, the Conditional Use Permit would run with the property and allow an accessory building on the property for an indefinite period without a principal Qbuilding on the property. This conflicts with City Code which lists dwellings (houses) as permitted uses but garages or accessory structures are only allowed as permitted accessory uses and not as a stand-alone use (principal use). a. City Code section 12-6-2 states that "no accessory structure shall be permitted on any lot prior to the principal structure except by Conditional Use Permit". This language does not say that an accessory structure may be permitted without the principal structure, instead the intent was to require principal structures but provide some flexibility on timing. b. City Code Section 12-1-3(B) notes that where there are areas of conflict between code sections the more restrictive section would apply. In this case the more restrictive section would be Section 12-12 which states that the garage can be allowed as an accessory structure, and therefore cannot be the principal structure or use on the property. 3. The property owner does not reside at the property or adjacent property, they reside in another community. The intent of a Conditional Use Permit for an accessory structure on a property prior to a principal structure was to give more flexibility to property owners who had a home on adjacent lands, allowing them to place their garage on the adjacent lot that they own but still keeping the garage as an accessory to their residence; still functioning as one contiguous residential property. 4. If allowed, the accessory building would leave less space for a future attached garage, potentially limiting the development of a new home on the property. 5. The only location where a driveway for a new home would be allowed is using the existing driveway which serves the detached garage. If the existing detached garage were to remain indefinitely it would impact how a home and attached garage would fit on the lot due to the driveway access. 6. The existing garage was built in 1970 when the subject property was part of the adjacent lot to the southeast where there is a principal structure. The garage is now almost 50 years old which approaches the functional end of the life for the structure and causes question with consistency between the accessory structure and potential principal structure. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Andover, that the application for a Conditional Use Permit to allow an accessory structure on a property prior to the construction of a principal structure on the property located at 2384 South Coon Creek Drive Northwest is hereby denied. Adopted by the City Council of the City of Andover on this 17`h day of December, 2019. CITY OF ANDOVER ATTEST: J ly Trude, Mayor i lich lle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R106-19 APPROVING COST -OF -LIVING WAGE ADJUSTMENTS FOR NON -BARGAINING EMPLOYEES FOR CALENDAR YEAR 2020 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 three (3) percent increase effective January 1, 2020 are within the expenditure guidelines established in the 2020 Budget; and NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves cost - of -living wage adjustments of three (3) percent increase effective January 1, 2020, for all non -bargaining employees. Adopted by the City Council on December 17, 2019 Attest: '4y PDp_QD� Off-�City, Mic elle Hartner, Depuerk 0 CITY OF ANDOVER ay r Julie Trude- Mayor u H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 105-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE INSTALLATION OF FIELD LIGHTS AT ANDOVER STATION NORTH/EAST BALL FIELD, PROJECT NO. 20-11 . WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $90,000 contribution from Andover Football Association is to be used towards the installation of field lights at Andover Station North East Ball Field. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the installation of field lights at Andover Station North East Ball Field. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 17th day of December, 2019, with Councilmembers Bukkila, Barthel, Knight, Holthus, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: is elle Hartner - Deputy City Clerk CITY OF ANDOVER Juli Trude - Mayor IF CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 104-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #2 TO PROJECT NO. 18-39 LIFT STATION #10 IMPROVEMENTS & PROJECT NO.19-23, COON CREEK WATERMAIN CROSSING EMERGENCY REPAIR. WHEREAS, the City of Andover has a contract for Project Nos. 18-39, Lift Station #10 Improvements & 19-23, Coon Creek Watermain Crossing Emergency Repair with Minger Construction Co, Inc. of Jordan. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order #2 to Project Nos. 18-39 & 19-23 . © Adopted by the City Council of the City of Andover this 17th day of December , 2019. CITY OF ANDOVER ATTEST: r J Ii Trude - Mayor G is elle Hartner —Deputy City Clerk ❑# CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 103-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR PROJECT NO. 20-16, 2020 MILL & OVERLAY -WOODLAND ESTATES 1ST & 2ND ADDITIONS . WHEREAS, pursuant to Resolution No. 094 -19, adopted the 19th day of November , 2019 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 17th day of December , 2019; and WHEREAS, such reports declared the proposed assessments to be feasible for an estimated total project cost of $990,460.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 20-16 for © the improvements. 2. The Council will consider the improvements in accordance with the report 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 $990,460.00. 3. A public hearing shall be held on such proposed improvement on the 21St day of January, 2020 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 Barthel and adopted by the City Council at a regular meeting this 17th day of December , 2019 , with Councilmembers Bukkila, Barthel, Trude, Holthus, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: li Trude - Mayor Mich Ile Hartner — Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 102-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR PROJECT NO. 20-15, 2020 MILL & OVERLAY - MARTIN STREET NW . WHEREAS, pursuant to Resolution No. 093-19, adopted the 1911 day of November , 2019 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 17th day of December , 2019; and WHEREAS, such report declared the proposed assessments to be feasible for an estimated total project cost of $225,840.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 20-15 for the improvements. 2. The Council will consider the improvements in accordance with the report 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 $225,840.00. 3. A public hearing shall be held on such proposed improvement on the 215t day of January, 2020 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 Barthel and adopted by the City Council at a regular meeting this 17th day of December , 2019 , with Councilmembers Bukkila, Barthel, Trude Holthus Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVEER, ,Qp © ATTEST:�-- J li Trude - Mayor Micl elle Hartner— Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 101-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR PROJECT NO. 20-14, 2020 MILL & OVERLAY - JAY STREET NW—. WHEREAS, pursuant to Resolution No. 092-19, adopted the 19th day of November , 2019 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 17th day of December , 2019; and WHEREAS, such report declared the proposed assessments to be feasible for an estimated total project cost of $591,920.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 20-14 for © the improvements. 2. The Council will consider the improvements in accordance with the report 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 $591,920.00. 3. A public hearing shall be held on such proposed improvement on the 215t day of January, 2020 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 Barthel and adopted by the City Council at a regular meeting this 17th day of December 2019 , with Councilmembers Bukkila, Bathel, Trude, Holthus, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER © ATTEST: Dk'Vtl� 400 J e Trude -Mayor `Vl 'Mich Ile Hartner— Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 100-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR PROJECT NO. 20-02, 2020 STREET RECONSTRUCTION . WHEREAS, pursuant to Resolution No. 091-19, adopted the 19th day of November 2019 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 17th day of December , 2019; and WHEREAS, such report declared the proposed assessments to be feasible for an estimated total project cost of $1,518,950.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 20-02 for © the improvements. 2. The Council will consider the improvements in accordance with the report 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 $1,518,950.00. 3. A public hearing shall be held on such proposed improvement on the 21st day of January, 2020 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 Barthel and adopted by the City Council at a regular meeting this 17th day of December , 2019 , with Councilmembers Bukkila, Barthel, Knight, Holthus. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER © ATTEST: x" i J e rude - Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R099-19 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2020. 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 2020; 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 2020 as listed on Attachment A. Adopted by the City of Andover this 3rd day of December 2019. 15ATTEST: Ikelle Harmer — Deputy City Clerk H CITY OF ANDOVER Ju ' rude -Mayor STATE OF MINNESOTA) ©COUNTY OF ANOKA 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. R099-19 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2020 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 December 2019. t i helle Hartner — Deputy City Clerk H H CITY OF ANDOVER 2020 Proposed Levy Certification Debt Changes © County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explanation 67B 2010A GO Open Space Bonds 70 2012C GO Taxable Abatement Bonds 72 2016A GO Equipment Certificate 74 2018A GO Capital Improvement Plan Bonds 75 2019A GO Taxable Abatement Bonds 2020 GO Equipment Certificate Total x $ 184,199 $ 184,199 $ - 1,282,975 976,780 306,195 Meet bona fide debt service requirements 143,373 143,373 - 502,957 433,603 69,354 Adjustment for PY levy amount 1,176,236 1,001,090 175,146 Meet bona fide debt service requirements 350,000 (350,000) new issuance $ 3,289,740 $ 3,089,045 $ 200,695 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R098-19 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2020 BUDGET AND 2020 PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor an adopted tax levy and budget prior to December 28, 2019; and WHEREAS, Minnesota State Law requires the City to certify to the State of Minnesota Department of Revenue an adopted tax levy by December 28, 2019. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2020 City of Andover Budget and the 2020 property tax levy totaling $14,479,586 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2020 City of Andover Budget by fund type as follows: REVENUES General Fund Special Revenue Funds Debt Service Funds Capital Projects Funds Enterprise Funds Internal Service Funds Total 10.40WPM O107M $ 11,794,736 General Fund $ 12,155,896 1,688,000 Special Revenue Funds 2,012,733 3,609,491 Debt Service Funds 2,936,776 6,993,212 Capital Projects Funds 17,055,998 5,589,331 Enterprise Funds 5,680,308 1,222,151 Internal Service Funds 1,410,519 $ 30,896,921 Total $ 41,252,230 Adopted by the City of Andover this 3ra day of December 2019. ATTEST: lich Ile Hamner —Deputy City Clerk 1? J CITY OF ANDOVER Jul' de - 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. R098-19 adopting the City of Andover 2020 Budget and 2020 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 December 2019. Mic Belle 14��erputy City Clerk [ow J C E CITY OF ANDOVER, MINNESOTA Attachment A 2020 Property Tax Levy 2020 Levy General Fund Levy General Operations $ 9,194,032 Park Repair/Replacement Items 120,000 Total General Fund 9,314,032 Debt Service Funds Levy 2010A G.O. Open Space Referendum Bonds 184,199 2012C Taxable G.O. Abatement Bonds 976,780 2016A G.O. Equipment Certificate 143,373 2018A G.O. Capital Improvement Plan Bonds 433,603 2019A Taxable G.O. Abatement Bonds 1,001,090 2020A G.O. Equipment Certificate 350,000 Total Debt Service 3,089,045 Other Levies Capital Projects Levy Capital Equipment/Project 275,000 Facility Maintenance Reserve 355,000 Parks Projects 15,000 Road & Bridge 1,287 469 Pedestrian Trail Maintenance 104,040 Lower Rum River Watershed 40,000 Total Other 2,076,509 Gross City Levy S 14,479,586 d CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 097-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 20-17 FOR PUBLIC WORKS PAVEMENT 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 Public Works Pavement Reconstruction , Project 20-17; 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 19th day of November 2019, with Councilmembers Holthus, Knight, Trude, Barthel (absent) Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 117tJ J i Trude - Mayor Oer *Mielle Hartner—Deputy City Clerk x © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 096-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 19-19 FOR HILLS OF BUNKER LAKE WEST PARK TRAIL 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 Hills of Bunker Lake West Park Trail Reconstruction Project 19-19; 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 19th day of November 2019 , with Councilmembers Holthus, Knight, Trude Barthel (absent) Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Trude - Mayor Mic elle Hartner— Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 095-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 20-11 FOR ANDOVER STATION NORTH BALL FIELD FACILITY/EAST FIELD LIGHTING 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 Andover Station North Ball Field Facility/East Field Lighting Project 20-11; and BE IT FURTHER RESOLVED by the City Council to hereby direct Wunderlic- Malec Engineering, Inc 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 19th day of November 2019, with Councilmembers Holthus, Knight, Trude Barthel (absent) Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST:/2 n ul Trude - Mayor Mic elle Hartner— Deputy City Clerk x CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 094-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT 20-16, 2020 MILL & OVERLAY/WOODLAND ESTATES 1st & 2°d ADDITIONS. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 20-16; 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 report. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of November 2019, with Councilmembers Holthus, Knight, Trude. Barthel (absent), Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (� iff rude - Mayor hich�21L-i'V�Q.^ le Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 093-19 MOTION by Councilmember Holthus to adopt the following A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT 20-15, 2020 MILL & OVERLAY/MARTIN STREET NW. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 20-15; 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 report. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of November , 2019, with Councilmembers Holthus, Knight, Trude, Barthel (absent), Bukkila voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J J i Trude - Mayor fMic elle HartneCr— De —put y City Clerk H CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 092-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT 20-14, 2020 MILL & OVERLAY/JAY STREET NW. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 20-14; 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 report. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of November 2019, with Councilmembers Bukkila, Knight, Trude Barthel (absent), Holthus voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ✓/�2/ Jr rude - Mayor Michelle Hartner— Deputy City Clerk C•1 S CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091-19 MOTION by Councilmember Holthus to adopt the following A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT 20-02, 2020 STREET RECONSTRUCTION. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 20-02; 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 report. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of November 2019 , with Councilmembers Holthus, Knight Trude Barthel (absent) Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: uric e� J ie Trude - Mayor Micl elle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R090-19 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, 2020 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 6, 2019. Adopted by the City Council of the City of Andover on this 6th day of November, 2019. CITY OF ANDOVER ATTEST: I is Ile Hartner --Deputy City Clerk Ju e T iide, Mayor X © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R089-19 A RESOLUTION GRANTING THE VACATION OF DRAINAGE AND UTILITY EASEMENT AT 15281 SWALLOW ST NW, LOT 18, BLOCK 4, WOODLAND ESTATES FOURTH ADDITION, PIN 22-32-24-32-0090, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: To vacate that part of the drainage and utility easements as dedicated on Lot 18, Block 4, WOODLAND ESTATES FOURTH ADDITION, Anoka County, Minnesota described as follows: The West 25 feet of the East 30 feet, except the North 35 feet of said Lot 18 and except the South 5.0 feet of said Lot 18 and except that part which lies Southeasterly of a line drawn from a point in the south line of said Lot 18 distant 10.0 feet west of the southeast corner thereof to a point on the east line of said Lot 18 distant 10.0 feet North of the southeast corner thereof. WHEREAS, the property owner has requested to vacate the described 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. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of drainage and utility easement subject to the following: 1. The vacation of easement shall be recorded with Anoka County as shown on `Exhibit A". 2. The vacation of easement shall not include the Rural Co-op Power Association easement. Adopted by the City Council of the City of Andover on this 6th day of November 2019. ATTEST' 7 CITY OF ANDOVER Michelle Harmer, Deputy City Clerk Ju 'e rude, Mayor u X 3ixrveijurs Tivrtifirate Easement Vacation Survey for: JESSE MOORE Property loomed in Section 22, To%mship 32, Range 24, Anoka County, Minnesota Basis for bearings is assumed • Genoms FmM lmn Monument O Denotes lmn Monument ob ser � N )3WALLOW I0 STR ^O 0js NOT ALL IMPROVEMENTS LOCATED 9 to M POWER A530C. DOC. No. 5OUTHEA5T CORNER Of LOT To vacate that part of the drainage and utility easements as dedicated on Lot 18, Block 4, WOODLAND ESTATES FOURTH ADDITION, Anoka County, Minnesota described as follows: The West 25 feet of the East 30 feet, except the North 35 feet of said Lot 18 and except the South 5.0 feet of said Lot 18 and except that part which lies Southeasterly of a line drawn from a point in the south line of said Lot 18 distant 10.0 feet west of the southeast comer thereof to a point on the east line of said Lot 18 distant 10.0 feet North of the southeast comer thereof. Lot 18, Block 4, WOODLAND ESTATES F.B.No. FOURTH ADDITION Anoka County, Minnesota Md.. 15 At DEMARC LAND SURVEYING G ENGINEERING 88722 Scale: V 20' ixrny met ma wn.v. Wan, a,mpnnwas gmgamd eyma«undm«en mv ama sagemnan all mat am a aoy 6wensea LaM sally« a 962._2g °i"a'ar; meme,ed this 8th day of � _e,m,a,,., Surveyed Nis Bih day of October 2019. MIN nor I3M A—NaM V631560.'f4to aignN WnneawMs, Mlnnem0 SUf6 Demtrol..m G, ryR, fdeM, Minn. Reg. No. ids.$ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 088-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 19-2, 2019 STREET 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 8 years, the first of the installments to be payable on or before the first Monday in January, 2020 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 Barthel and adopted by the City Council at a regular meeting this 6th day of November , 2019, with Councilmembers Bukkila. Barthel, Trude, Knight (absent) Holthus (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER C ATTEST: J lie Trude - Mayor i is elle Hartner— eputy City Clerk 4 Extract of Minutes of a Meeting of the City Council of the City of Andover Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover was duly held in the City of Andover, Minnesota, on Wednesday, November 6, 2019, at 7:00 o'clock P.M. The following members were present: Trude, Barthel and Bukkila and the following were absent: Knight and Holthus During said meeting Councilmember Barthel introduced the following resolution and moved its adoption: 1.740634--11rele1►[ea31130N © RESOLUTION APPROVING THE ISSUANCE AND SALE OF A RECREATIONAL FACILITY REVENUE NOTE AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO (YMCA OF THE GREATER TWIN CITIES PROJECT) WHEREAS, (a) The purpose of Minnesota Statutes, Sections 469.152 to 469.165, as amended (the "Act"), as found and determined by the legislature, is to promote the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of obligated and marginal lands and areas of chronic unemployment; (b) The City of Andover, Minnesota (the "City") desires to facilitate the selective development of the community, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population, including recreational opportunities; and the Project, as defined below, will assist the City in achieving those objectives and will enhance the image and reputation of the community; (c) Young Men's Christian Association of the Greater Twin Cities, a Minnesota nonprofit corporation (the "Borrower"), and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), has proposed that the City undertake a program to finance the Project through the issuance of revenue notes or other obligations, in one © or more series (the "Note"), pursuant to the Act and in an aggregate principal amount not to exceed $6,650,000; 1212454W © (d) The "Project" consists of. (i) financing, in part, the construction, expansion, renovation, and equipping of the Borrower's portion of the City's community center, located at 13200 Hanson Blvd. NW in the City, and (ii) financing the costs of issuing the Note. The Project is owned by the City and leased to, and operated and managed by, the Borrower; (e) The City has been advised by representatives of the Borrower that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced; (f) Based on representations of the Borrower, no public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project; (g) The Note, as and when issued, will not constitute a charge, lien or encumbrance upon any property of the City and will not be a charge against the general credit or taxing powers of the City; (h) As required by the Act and Section 147(f) of the Code, a notice of public hearing was published in the City's official newspaper and newspaper of general circulation, for a public hearing on the proposed issuance of the Note by the City and the proposal of the Borrower to undertake and finance the Project; (i) As required by the Act and Section 147(f) of the Code, the City Council has on this same date held a public hearing on the issuance of the Note by the City and the proposal by the Borrower to undertake and finance the Project, at which hearing all those appearing who desired to speak were heard and written comments were accepted; and BE IT RESOLVED by the City Council of the City of Andover, Minnesota (the "City"), as follows: SECTION 1. LEGAL AUTHORIZATION AND FINDINGS. 1.1 Findings. The City hereby finds, determines and declares as follows: (a) The City is a municipal corporation and a political subdivision of the State of Minnesota and is authorized under the Act to assist the project referred to herein, and to issue and sell the Note for the purpose, in the manner, and upon the terms and conditions set forth in the Act and in this Resolution. (b) The issuance and sale of the Note by the City, pursuant to the Act, is in the best interest of the City, and the City hereby determines to issue the Note and to sell the Note to PNC Bank, National Association, Milwaukee, Wisconsin (the "Lender"). The City will loan the proceeds of the Note (the "Loan") to the Borrower in order to finance the Project. Q(c) Pursuant to a Financing Agreement (the "Financing Agreement") to be entered into between the City, the Borrower, and the Lender, the Borrower has agreed to 2 12124540t2 © repay the Note in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Note. In addition, the Financing Agreement contains provisions relating to the maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the City and the Borrower deem necessary or desirable for their financing of the Project. A draft of the Financing Agreement has been submitted to the City Council. (d) Pursuant to the Financing Agreement, the City has pledged and granted a security interest in all of its rights, title, and interest in the Financing Agreement to the Lender (except for certain rights of indemnification and to reimbursement for certain costs and expenses). (e) Payments due under the Financing Agreement and Note shall also be secured pursuant to a Continuing Covenant Agreement given between the Borrower and the Lender. A draft of the Continuing Covenant Agreement has been submitted to the City Council. (f) The Note will be a special, limited obligation of the City. The Note shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the City. The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. (g) On the basis of information available to the City it appears, and the City hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with a recreational and social services facility within the meaning of the Act; that the Project furthers the purposes stated in the Act; that the availability of the financing under the Act and the willingness of the City to furnish such financing will be a substantial inducement to the Borrower to undertake the Project, and that the effect of the Project, if undertaken, will be to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the surrounding area retain and eventually improve the tax base, to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the State and to areas within the State where their services may not be as effectively used, and to promote more intensive development and use of land within the City and surrounding communities, and to provide available adequate recreational and social services to residents of the State at a reasonable cost. (h) It is desirable, feasible, and consistent with the objects and purposes of the Act to issue the Note, for the purpose of financing the costs of the Project. (i) The City has determined to proceed with the Project and the financing Qthereof as required by Section 469.154 Subd. 4 of the Act and authorizes application to the 3 1212454v2 © Department of Employment and Economic Development ("DEED") for the approval of the Project. SECTION 2. THE NOTE. 2.1 Authorized Amount and Form of Note. The Note is hereby approved and shall be issued pursuant to this Resolution in substantially the form attached to the Financing Agreement with such appropriate variations, omissions, and insertions as are necessary and appropriate and are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total aggregate principal amount of the Note that may be outstanding hereunder is expressly limited to $6,650,000, unless a duplicate Note is issued pursuant to the Financing Agreement. The Note shall bear interest at a rate or rates as set forth therein. 2.2 The Note. The Note shall be dated as of the date of delivery to the Lender, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2.3 Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and the City Administrator and shall be sealed with the seal of the City; provided that the seal may be intentionally omitted as provided by law. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or the City Administrator © such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Note. H 2.4 Delivery of Initial Note. Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1) an executed copy of each of the following documents: (a) the Financing Agreement; and (b) the Continuing Covenant Agreement. (2) an opinion of Counsel for the Borrower as prescribed by the Lender and Bond Counsel; (3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; (4) evidence that the Borrower is an organization described in Section 501(c)(3) of the Code and is exempt from income taxation under Section 501(c)(3) of the Code; (5) approval of the Project from DEED; and 1212454M (6) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may reasonably require for the closing. 2.5 Disposition of Proceeds of the Note. Upon delivery of the Note to Lender, the Lender shall, on behalf of the City, disburse the proceeds of the Note for financing the Project in accordance with the terms of the Financing Agreement. 2.6 Registration of Transfer. The City will cause to be kept at the office of the City Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the City Administrator, duly executed by the Lender or its duly authorized agent. The form of assignment included in the Note shall be sufficient for said purpose. Upon such transfer the City Administrator shall note the date of registration and the name and address of the new Lender in the applicable Note Register and in the registration blank appearing on the Note. 2.7 Mutilated, Lost or Destroyed Note. In case the Note issued hereunder shall become © mutilated or be destroyed or lost, the City shall, in accordance with the Financing Agreement and if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2.8 Ownership of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the principal balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2.9 Limitation on Note Transfers. The Note will be issued to an "accredited investor" and without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except to another "accredited investor" or "financial institution" in accordance with an applicable exemption from such registration requirements and with full and accurate disclosure of all material facts to the prospective purchaser(s) or transferee(s). 1212a54OV2 2.10 Issuance of a New Note. Subject to the provisions of Section 2.9 and the Financing Agreement, the City shall, at the request and expense of the Lender, issue a new note, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the periodic installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. SECTION 3. GENERAL COVENANTS. 3.1 Payment of Principal and Interest. The City covenants that it will promptly pay or cause to be paid the principal of and interest on the Note at the place, on the dates, solely from the source and in the manner provided herein and in the Note. The principal and interest are payable solely from and secured by revenues and proceeds derived from the Financing Agreement, which revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note and the Financing Agreement; and nothing in the Note or in this Resolution shall be considered as assigning, pledging, or otherwise encumbering any other funds or assets of the City. 3.2 Performance of and Authority for Covenants. The City covenants that it will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Resolution, in the Note executed, authenticated, and delivered hereunder and in all proceedings of the City Council pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota including particularly and without limitation the Act, to issue the Note authorized hereby, pledge the revenues and assign the Financing Agreement in the manner and to the extent set forth in this Resolution, the Note and the Financing Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the Note in the hands of the Lender is and will be a valid and enforceable special limited obligation of the City according to the terms thereof. 3.3 Enforcement and Performance of Covenants. The City agrees to enforce all covenants and obligations of the Borrower under the Financing Agreement, upon request of the Lender and being indemnified to the satisfaction of the City for all expenses and claims arising therefrom, and to perform all covenants and other provisions pertaining to the City contained in the Note and the Financing Agreement and subject to Section 3.4. 3.4 Nature of Security. Notwithstanding anything contained in the Note, the Financing Agreement, the Continuing Covenant Agreement, or any other document referred to in Section 2.4 to the contrary, under the provisions of the Act the Note may not be payable from or be a charge upon any funds of the City other than the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted by law, any of the City's officers, employees, and agents. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, or to enforce payment thereof against any property of the City other than the revenues pledged under the Financing Agreement; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any © property of the City; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this Resolution, the Financing 0 1212454W © Agreement, and the Continuing Covenant Agreement, and in the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the Lender; provided that in any event, the agreement of the City to perform or enforce the covenants and other provisions contained in the Note, the Financing Agreement, and the Continuing Covenant Agreement, shall be subject at all times to the availability of revenues under the Financing Agreement sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. H SECTION 4. MISCELLANEOUS. 4.1 Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 4.2 Authentication of Transcript. The officers of the City are directed to fiunish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 4.3 Authorization to Execute Agreements. The form of the proposed Financing Agreement is hereby approved in substantially the form presented to the City Council, together with 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 Bond Counsel prior to the execution of the documents. The Mayor and the City Administrator of the City are authorized to execute the Financing Agreement, and such other documents as Bond Counsel considers appropriate in connection with the issuance of the Note, in the name of and on behalf of the City. hi the event of the absence or disability of the Mayor or the City Administrator such officers of the City as, in the opinion of the City Attorney, may act on their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 1212454M © Adopted by the City Council of the City of Andover, Minnesota, this 6th day of November, 2019. S E Major '—)The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Bukkila, and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof. Trude, Barthel and Bukkila and the following voted against the same: Knight (absent) and Holthus (absent) whereupon said resolution was declared duly passed and adopted. 1212454W © STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER X E I, the undersigned, being the duly qualified and acting City Administrator of the City of Andover, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to a resolution authorizing the issuance of the Note. WITNESS my hand this i�p day of izizas4M E © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R086-19 MOTION by Councilmember Barthel 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 Bukkila and adopted by the City Council of the City of Andover on this 6ch day of November 2019 with Councilmembers Trude. Barthel and Bukkila voting in favor of the resolution, and Councilmembers Knight (absent) and Holthus (absent) voting against, whereupon said resolution was passed. ATTEST: LL-�, , wAl�� Mic elle Hartner — Deputy City Clerk i1 ►#J CITY OF ANDOVER J e rude - Mayor © EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA 101 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Minnesota was duly held in the City Hall in said City on Tuesday, October 15, 2019, commencing at 7:00 o'clock P.M. The following Council members were present: Trude, Bukkila, Barthel, Holthus and Knight and the following were absent: None Council member Knight introduced the following resolution and moved its adoption: RESOLUTION NO. R085-19 A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF A REVENUE NOTE AND AUTHORIZING THE PUBLICATION OF A NOTICE OF HEARING THEREFOR (YMCA OF THE GREATER TWIN CITIES PROJECT) WHEREAS, Minnesota Statutes, Sections 469.152 through 469.165, relating to municipal industrial development (the "Act"), gives municipalities the power to issue revenue obligations for the purpose of promoting the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; and WHEREAS, the City of Andover, Minnesota (the "City") has received from the YMCA of the Greater Twin Cities, a Minnesota nonprofit corporation and 501(c)(3) organization (the "Borrower"), a proposal that the City undertake a program to assist in financing the "Project" described in the form of Notice of Public Hearing attached hereto as Exhibit A, through the issuance of a revenue note or other obligations (in one or more series) (the "Note") pursuant to the Act; and WHEREAS, before proceeding with consideration of the request of the Borrower it is necessary to hold a public hearing on the proposal pursuant to the Act and to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"): NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota, as follows: 12098990v2 © 1. A public hearing on the proposal of the Borrower will be held at the time and place set forth in the form of Notice of Public Hearing attached hereto as Exhibit A. The general nature of the Project and an estimate of the aggregate principal amount of the Note to be issued to finance the proposal are described in the Notice of Public Hearing. I� L=J 2. The City staff is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of the City and also in a newspaper of general circulation available in the City, not less than 14 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice. 3. The Borrower has informed the City that it intends to reimburse itself from the proceeds of the Note for certain expenditures related to the Project, both paid and to be paid prior to the issuance of the Note. Subject to final approval of the Project by the City, and in order that completion of the Project will not be unduly delayed when approved, the Borrower is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Note, as the Borrower considers necessary, including the use of interim, short term financing, subject to reimbursement from the proceeds of the Note, if any, when delivered but otherwise without liability on the part of the City. This paragraph is meant to satisfy the "official intent" requirements under Treasury Regulation Section 1.150-2. Adopted by the City Council of the City of Andover, Minnesota, this 15'h day of October, 2019. The motion for the adoption of the foregoing resolution was duly seconded by Council member Barthel, and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: Trude, Bukkila, Barthel, Holthus and Knight and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 12098990v2 © STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER C u I, the undersigned, being the duly qualified and acting City Administrator of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to the calling for a public hearing on the proposal of the YMCA of the Greater Twin Cities that the City issue a revenue note to finance the construction, expansion, renovation, and equipping of a portion of the City's community center. WITNESS my hand this 151h day of 3 1209899M © EXHIBIT A NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR THE ISSUANCE OF A CONDUIT REVENUE NOTE (YMCA OF THE GREATER TWIN CITIES PROJECT) Notice is hereby given that a public hearing shall be conducted by the City Council of the City of Andover, Minnesota (the "City"), in City Council chambers at the Andover City Hall, 1685 Crosstown Blvd. NW, in the City, at 7:00 p.m. on Wednesday, November 6, 2019, to consider the proposal of the YMCA of the Greater Twin Cities, a Minnesota nonprofit corporation and a 501(c)(3) organization (the "Borrower"), that the City issue a conduit revenue note or other obligations, in one or more series (the "Note"), pursuant to Minnesota Statutes, Sections 469.152 to 469.165, as amended (the "Act"), in order to finance the cost of a project described below. The Borrower proposes to finance the costs of the construction, expansion, renovation, and equipping of the Borrower's portion of the City's community center (the "Project"), and certain other costs related to the Project. The Project is owned by the City and leased to the Borrower, and is located at 13200 Hanson Blvd. NW within the City. The maximum estimated principal amount of the Note to be issued to finance the Project is $6,650,000. © The Note, as and when issued, will not constitute a charge, lien, or encumbrance upon any property of the City, except the Project and the revenues to be derived from the Project. Such Note will not be a charge against the City's general credit or taxing powers, but will be payable from sums to be paid by the Borrower pursuant to a revenue agreement. E A draft copy of the proposed application to the Commissioner of the Department of Employment and Economic Development, State of Minnesota, for approval of the Project, together with all attachments and exhibits thereto, is available for public inspection during normal business hours, Monday through Friday, in the office of the City Administrator at the City Hall in the City. At the time and place fixed for the public hearing, the City will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. In addition, interested persons may file written comments respecting the proposal with the above City office at or prior to the public hearing. BY ORDER OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA By Jim Dickinson Its City Administrator A-1 12098990v2 © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R084-19 A RESOLUTION GRANTING THE VACATION OF DRAINAGE AND UTILITY EASEMENT AT 16381 INCA STREET NW, LOT 12 BLOCK 1, SILVER MEADOWS WEST, PIN 18-32-24-12-0006, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: That part of the Drainage and Utility Easement dedicated on the plat of SILVER MEADOWS WEST, Anoka County, Minnesota, described as follows: Commencing at the southeast corner of Lot 13, Block 1 in said plat, said point also being an angle point in the north line of Lot 12, said Block 1; thence North 83 degrees 53 minutes 09 seconds West, plat bearing, along the north line of said Lot 12, a distance of 82.05 feet to the westerly line of said Drainage and Utility Easement, said point being the Point of Beginning of the tract herein described; thence South 0 degrees 00 minutes 21 seconds West, along said west line, a distance of 122.64 feet; thence South 89 degrees 59 minutes 39 seconds East, a distance of 22.00 feet; thence North 0 degrees 00 minutes 21 seconds East, a distance of 120.29 feet to said north line; thence North 83 degrees 53 minutes 09 seconds West, along last said line a distance of 22.13 feet to the Point of Beginning. © WHEREAS, the property owner has requested to vacate the described 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. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of drainage and utility easement subject to the following: 1. The applicant shall have a survey completed to determine legal description for area to be vacated. 2. The vacation of easement shall be recorded at Anoka County. Adopted by the City Council of the City of Andover on this 15th day of October 2019. ATTEST- CITY OFnANDOVER +fYC�2 Micl elle Harmer, Deputy City Clerk Ju ie rude, Mayor u Ic Site Plan & Easement Vacation Exhibit for: Abbey Payeur 60 — I I I I I I I i kwn LNaNla Ta_� 3'-�eO9 W � 21268 N89'59'39"W 40.09 EXTING / 9 R +CD CHETf1 00 JB 1 00 BEVACAT® )3EVTC tTAN�KSyOS„aHry I/ 12 AS—BULT CONTOURS As -Built Information from _- Edge of Wet t and Oliver Surveying Sa Engineering, Inc. Survey dated 7/06/2015 (last revised 7/20/15). grange and Ut Ry Easement Vauden. Mat pan of the Damage and daily Easement desioned at tire plat of SILVER MEADOWS WEST Anoka Canty, MinnesoM, dsuibeeaciollows' Comnlercn9althe saMeaftaams of Let 13, Back 1 insaq qat said puntalm beingan anglepaintn Menorthlinsof Lot 12,said Bbrk 1; thence NonnSide owsomuds 09seconds West,*tbeadng, alongthenodhoeofsaid Laf2,ada ncen182051eetWNewesledyfineofsad Damage aM Uddy Esemm4 said point bring the Pont of illineug of Me uaet h eau alawnt ed; merge SaMO degrees 00mnutes2t seconds West along oddweat line, a dtsbnsao1122.6t feel; thercc Soum S9degres 59 rtvnuNs39 seantic Fast a cw anoad M.00he 4 ffi. Nonh0da3aec 00 imuts 21 semnds East a distanaeof 1200 feeltosak nadi line; Hence NoNh 83 degrees 53 mnutec A semnds West along lastsaid0pea deNnce of22.13 NOW the Pontof Begming. EXISTING WETLAND NWL=866.0 HWL(100 Year)=866.20 SNOWMELT=866.50 o Denotes iron pZ et with a plastic plug stamped N • Denotes Iron pipe found. Denotes Existing Elevation Denotes Existing Elevation -' Denotes Surface Drainage --�876-�� Denotes As -Built Contours Drainage and Utility Easements are V-40' shown thus: 15151 SF. aa-aiW 1s_B W o RA.so I au aes.2' LEGAL DESCRIPTION: sz.o, _ on'6 m o Lot 12. Block I. SILVER MEADOWS WEST, . . ,% oi N Anoka County, Minnesota X J � '- N xLs IJE51 J - �� 4 -- _ 3I3_I9—_ __---__ --- 10 N a I's^• Bunrv=lcLo Q, p ate N pSB#4 eSB#3 a N D P E S W CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 083-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 18-38, UNIVERSITY AVENUE 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 8 years, the first of the installments to be payable on or before the first Monday in January, 2020 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 Holthus and adopted by the City Council at a regular meeting this 15th day of October, 2019, with Councilmembers Bukkila, Holthus, Trude, Knight Barthel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: c Ju "rude - Mayor Midlielle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA aRES. NO. R082-19 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2020 - 2024 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 2020 - 2024 City of Andover Capital Improvement Plan. Adopted by the City of Andover this 15th day of October 2019. ATTEST: I I Mic} elle Harmer — Deputy City Clerk C E CITY OF ANDOVER J e rude - 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. R082-19 adopting the City of Andover 2020 - 2024 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 day of October 2019. Mic � ,lle Harmer—pu Crty Clerk C \J © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R081-19 A RESOLUTION APPROVING THE FINAL PLAT FOR ESTATES OF CEDAR RIDGE FOR PIN's 15-32-24-11-0002 AND 15-32-24-12-000 1 THE PROPERTY LEGALLY DESCRIBED AS; The North % of the Northeast''/4 of the Northeast %4, except the Southerly 330 feet of the Easterly 660 feet together with the Northwest %4 of the Northeast'/ of Section 15, Township 32, Range 24, Anoka County, Minnesota WHEREAS, the City Council approved the preliminary plat for Estates of Cedar Ridge on April 2, 2019; and WHEREAS, the City Council approved the final plat for Estates of Cedar Ridge on October 15, 2019; and WHEREAS, the Estates of Cedar Ridge final plat conforms to the approved preliminary plat for Estates of Cedar Ridge; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approves the final plat for Estates of Cedar Ridge final plat contingent upon the following: 1. Conditions approved as part of the Preliminary Plat Resolution 064-19 shall be satisfactorily met ® prior to the recording of the final plat. 2. Separate Vehicle Maintenance Access Agreements shall be provided per approved grading plan. The agreements must be approved by the City Attorney and recorded at the County with the final plat. 3. Separate Temporary Cul-de-Sac easement shall be provided per approved plans and shall be reviewed and approved by the City Attorney and recorded at the Count with the final plat. 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. Payments shall be made in accordance to the recorded Assessment Agreement. 5. A Development Agreement and Assessment Agreement shall be executed and recorded at the County with the final plat. 6. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 7. Outlot A shall be combined with 16422 Hanson Blvd. NW at the time the final plat is filed with Anoka County. Adopted by the City Council of the City of Andover this 15"' day of October 2019. ATTEST Michell4HerUCity Clerk E CITY OF ANDOVER J ie rude, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R080-19 A RESOLUTION ESTABLISHING ELECTION POLLING PLACES WHEREAS, State Statute 204B.16 requires all municipalities to designate polling places for each precinct by December 3 1 " each year for the next calendar year; and WHEREAS, the City Council of the City of Andover hereby establishes the following as polling places for 2020: Precinct 1 Hope Lutheran Church 16180 Round Lake Boulevard NW Precinct 2 Grace Lutheran Church 13655 Round Lake Boulevard NW Precinct 3 Riverdale Assembly of God Church 3210 Bunker Lake Boulevard NW Precinct 4 Crooked Lake Elementary School 2939 Bunker Lake Boulevard NW Precinct 5 Andover Christian Church 16045 Nightingale Street NW Precinct 6 Prairie Oak Community Church 1657-161" Avenue NW Precinct 7 Andover Community Center 15200 Hanson Boulevard NW Precinct 8 Andover Community Center 15200 Hanson Boulevard NW Precinct 9 Bunker Hills Activity Center 550 Bunker Lake Boulevard NW Precinct 10 Andover Elementary School 14950 Hanson Boulevard NW E © WHEREAS, the Andover Community Center is not available as a polling location for the Presidential Primary Election March 3, 2020; and WHEREAS, the polling location for Precinct 7 is hereby established at Andover City Hall Council Chambers, 1685 Crosstown Boulevard NW and the polling location for Precinct 8 is hereby established at the Andover Senior Center, 1685 Crosstown Boulevard NW for the 2020 Presidential Primary Election and any Special Elections called prior to the August 11, 2019 State Primary. The Primary and General elections will remain at the Andover Community Center, 15200 Hanson Boulevard NW, the polling location for Precincts 7 and 8. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, State of Minnesota that in compliance with the terms and provisions of Minnesota Statutes Section 204B.16, hereby establishes polling places for 2020. Adopted by the City Council of the City of Andover this 15" day of October, 2019. CITY OF ANDOVER ® Attest: *Mihelle Harmer -Deputy City Clerk u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R079-19 MOTION by Councilmember Holthus 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 $327,302.89 exist as of September 26, 2019; and WHEREAS, City Code 10-3-31); City Code 10-1-9F; and City Code 8-5-31) 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 $353,487.12 plus an administrative fee of 15%. © 2. Assessment shall be payable in equal annual installments extending over a period of one year. The first of the installments to be payable on or before the first Monday in January 2020, 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. 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 6th day of November, 2019 at the Andover City Hall at 7:00 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. E F] Lal MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 1st day of October, 2019, with Councilmembers Trude Barthel Bukkila Knight Holthus voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: Mi helle Harmer — Deputy City Clerk CITY OF ANDOVER J i Trude -Mayor CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 078-19 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 19-2.2019 STREET RECONSTRUCTION WHEREAS, by a resolution passed by the City Council on September 3. 2019, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 192. 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 6t" day of November, 2019 , 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 Knight and adopted by the City Council at a regular meeting this 1st day of October 2019 , with Councilmembers Barthel Knight Trude Holthus Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 04t� • Jute rude -Mayor Micl elle Hartner-Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R077-19 A RESOLUTION APPROVING A LOT SPLIT REQUEST TO SPLIT AND COMBINE PARCELS IN THE R-1 SINGLE FAMILY URBAN DISTRICT FOR THE PROPERTY LOCATED AT 124 170TH AVE NW, PIN 12-32-24-14-0012, LEGALLY DESCRIBED AS LOT 2, BLOCK 2, BIRCHWOOD POND ADDITION, AND; THE UNASSIGNED PROPERTY, PIN 12-32-24-41-0004, LEGALLY DESCRIBIED AS: THE NORTH 990 FEET OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LYING SOUTHEASTERLY OF CROSSTOWN BOULEVARD, ALSO KNOWN AS COUNTY STATE HIGHWAY NO. 18, EXCEPT THE SOUTH 330 FEET LYING WEST OF THE EAST 1,100 FEET AS MEASURED FROM THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND EXCEPT THAT PART OF NORTH 300 FEET LYING WESTERLY OF THE EAST 279.65 FEET OF SAID QUARTER. AND THE WEST 726.00 FEET OF THE EAST 1005.65 FEET OF THE NORTH 300.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. © WHEREAS, the property owners have requested approval of a lot split to split and combine lots at the properties located at 124 170" Ave NW and the unassigned property, PIN 12-32-24-41- 0004 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; 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, as shown on Exhibit A. 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: 1. The applicant shall be required to pay a park dedication fee for the new lot in the amount of $3,415 and a trail fee in the amount of $870 prior to the recording of the lot split with Anoka County. 2. A grading and erosion control plan must be submitted to the City at the time of building Qpermit submittal. u u H 3. Lots shall be combined to create "Parcel B" as shown on Exhibit A. 4. All required permits must be obtained from the Lower Rum River Watershed Management Organization and the Anoka County Transportation Department prior to the issuance of a building permit. 5. 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 17th day of September 2019. CITY OF ANDOVER ATTEST: Michelle Harmer, Deputy City Clerk u.QicP �✓'G>�.� Jule rude, Mayor C41 L N EXHIBIT A I grAnl _i_rvl my f r. I 100 0 I W 200 _ _ _ _ - SCALE IN FEET JP a` Fr A/ '=' ` LEGEND / 00 5''_�•/ I fe - Cant Iran manamenl rouoa • - Iran monument Nund monums O = Yon ent e, and morXea No, 49136. / (7� /_ / w1thno a Cnee ® - Anoka Camty Rlgnl 01 WOy Monument /2O_J '� I $cull, line of the st all" lest al Ina Southeast Puarle/ / I 589'O6'O6"E .e.+. r ws. 1011.16 6.01 - ?4w ' q 6p __t �_- 9]9.15 NOTES: 1. In pro.amg In's Burr o at.emot nun been maae In omen or a ow data ✓ ern n o eletence, low, Forth.e°nalnan. c... elty ...... 0- t any tatty eIdun, On me 3 A. whemv cants. maNEral Or Panlic owned. 2. The Ind.no-I A.-,, has made no Iare569a0en Or Ird,rcent search mC I ... menb 01 mwra. en bronAs reatn'I.. wenantg, oW Neth, title evidence a. ono other bets that on I. .t. and carnet title ge en m1v aadose. 3. Deering are based on the Aral- Caunly coordinate Sy tem. jNAD 03-1996 Ad, dnnanl) A. vumeraun ire •°m tan exit In Let y. Block 2. 8I.CN1WxDD D PONm.1im am not exNANd on III. sax., 170TH AVENUE / NorIM1 tin e t Lot Lad 2 Block 2% Id tl00 PCNO Q' I I I- nrg I rvQ i I of. ,. Al s3 I I _a I I I z I ._s"E g t nlnnr+ s I L:ii�:n gvvvv I �� •v I al th Southeast- 3 I SaAn line I Lol 2 Block R, •, I Northeast Carl of -` ef.l2. i.3R, R.24 ', BIRCHVgM Iv ' IM1I S-fh, ` POND S89'06'08"E iJRfl.Ra 1005.81 I _ _-55.:1.: s,. of the Soule '94C: % q 4 a O 1`109D6'OB'W 'a n 'I 1 11 f%�-% I I -]2fi.Ctl -- --Io05.65' � I � I I 8 I j x F %P/ \ - va e a ne Nall 6IF set al { 00y \ ,4 401,62 n Swlih-110uaete el I I s oop`ak 5P Praroaea ta', 1,, • l _ a; G' VW ty eln,m PARCEL A n. I� lb� I / I I-JR.01���L___ 564.95 I I � LnT -SEE DETAI A r 121085 Swlh Ilnc al the NUN 660 ' lest of the :eotn:axt Waite J;w Ic I\ Jam. i`T /\, ��%� ^ ».`,a 9m E6%X8996', \ SeFs / o pp F %6%8e1___ __ 3ga 01 ,PF iIII�' x v_,, \/� /I Al \ o" K 1 - Propo.ea ID' DraMo9s / / 1 Al - SCALE IN FEET All•✓D/ ./ // � xdnJv Xva...: cm I xado Iddp X/B// �rlos.j d xoolo i % A/ // i i a I]final -, / / Xwz.aA \ _. /.Al xry..a x w.m /I I 1 xmlea 1-0-1 %simea xws.e \I X 'S n A. I e I m Je %,0365 �o5y5J 10 I -=---------------- --�- -/- DETAIL A I, I ^, I I ce o J a PARCEL 8 i I -1 -16fi9.00' I I I 1 I I _ _ _ ________________ I I I I I I 17 • V L I .II v. J V . 0aulh line of teal of ins Sw wTL.v. A EXISTING PROPERTY DESCRIPTION (PID NO 12-32-24-41-0005)-32.511 Acres (PER DOC. NO. 879360 and 1247131) Re north 990 feet of the Southeast Ouarler of Section 12, Township 32, Range %4. Anoka County, Minnesota, lying southeasterly of Crosstown Soule word also known as Case ly Stale Highway No. 18. except the suth 330 Ieet lying w.st al the east 1.100 feet oz IN... rod from the east Ilne of the North ... I Duarte, of the SoutM1east Quarter. and except that past of north 300 feet lying whiffed, of the cost 279.65 feet .1 sold O... is, And The %lest 726.00 feet of the East 1005.65 feel 0f the North 300.00 feet of the S.uti3OW Cuellar of Sectfon 12, Township 32, Ronge 24. Anoka Count, PROPOSED PARCEI A DESCRIPTION (3.00 Acres not including County ROW)(3.52 Acres Including County ROW) Me south 29A.00 feat of the north 660.00 feet of the Southeast Quarter of Section 12. Townslap 32• Range 24, Anoka County. kind pop. lying I uthmzterly of Cmsslown Boulevard• also known as County State Highway No. 18, and lying west of the east 1669.00 feet f said Southeast Ouarte, PROPOSED PARCEL R DESCRIPTION, (32.01 Acres not including County ROW)(32.13 Acres including County ROVI) The north 990 feet of the Southeast Quarter of Section 12. TawnsMp 32. Range 24. Anoka Caunly Mlnnea.w. lying south... Wily If Crosstown Boulevard, Was known oa County Stole Highway No. la, except the south 330 feet lying waft of the cost 1.loo feet as .N wed Barn the east line of the Northeast 0u 1ter of the Southeast Ou rter. and except that part of north 300 feel Ijng westerly 01 the cost 1005.65 feel of sold Southeast Quarter, and except the south 294 feel of the north 660 feet of said Southeast Quarlar lying wort of the ..at 1669.00 feet of said Southeast Quart, And Lot 2, Block 2. BWCHWOOD POND, Anoka County Mennaala ag, oa S.0 :) O I"f C) °. 't CIJnL P W�Q.aI , yy0n n C) FLi jar '3 PrOm .p� a a 0 iWa o \CQ w o x Yr ti O O 70H +�y }y LANE NE C R o� PLO �y G N 0 80 160 SCALE IN FEET North line of the Southeast Quarter of Sec.12, T,32, R.24, r nV` North line of the South 294.00 feet of the — — North 660.00 feet of—, the Southeast Quarter / of ISec.12, T.32, R.24 o o I I 0 0 v I I I 1 1 i South line of the North 660.00-' feet of the Southeast Quarter of Sec,12, T.32, R.24 A ,r DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT: v — — N The West 10.00 feet of the East 1769.00 feet of the South N 294.00 feet of the North 660.00 feet of the Southeast Quarter M � of Section 12, Township 32, Range 24, Anoka County, Minnesota. I N AND U d N That port of the South 10.00 feet of said North 660.00 feet of ° the Southeast Quarter, which lies West of the East 1769.00 feet Y of said Southeast Quarter, and which lies Southeasterly of a line ——1769,00'-1I `o drown parallel with and distant 10.00 feet Southeasterly of the Southeasterly line of Parcel 18, ANOKA COUNTY HIGHWAY RIGHT—OF—WAY PLAT NO. 24, said Anoka County. V/ I 0 r AND o 0 o 0 U) That part of the North 10.00 feet of said South 294,00 feet of the North 660.00 feet of the Southeast Quarter, which lies West s o o C� of the East 1769.00 feet of said Southeast Quarter, and which ' o o lies Southeasterly of a line drawn parallel with and distant 10.00 van 0 feet Southeasterly of the Southeasterly line of Parcel 18, ANOKA coo 0 I ` — COUNTY HIGHWAY RIGHT—OF—WAY PLAT NO. 24, said Anoka -os'i w County and its extensions. rn I 0 w _ 3`ONin AND That part of said Southeast Quarter, which lies North of said - South 10.00 feet of the North 660.00 feet of the Southeast --1669.00'JI Quarter, and which lies South of said North 10.00 feet of the I� South 294.00 feet of the North 660.00 feet of the Southeast I 4 Quarter, and which lies 'Southeasterly of said Southeasterly line of Parcel 18, ANOKA COUNTY HIGHWAY RIGHT—OF—WAY PLAT NO. 24 and its extensions, and which lies Northwesterly of said line — drawn parallel with and distant 10.00 feet Southeasterly of the Southeasterly line of Parcel 18, ANOKA COUNTY HIGHWAY RIGHT—OF—WAY PLAT NO. 24 and its extensions. NOTES: Denotes Proposed Drainage & Utility Easement 1. In providing this survey no attempt has been made to obtain or show data concerning existence, size, depth, condition, capacity or location of any utility existing on the site, whether private, municipal or public owned. 2. The professional surveyor has made no investigation or independent search for easements of record, encumbrance, restrictive covenants, ownership title evidence, or any other facts that an accurate and current title search may disclose. 3. Total area of Proposed Drainage & Utility Easement is 15,146 Sq.Ft. or 0.348 Acres. Oo1e Revision t heresy.sanity that this survey, pion or report was preporetl by e r finder se aired sepe yor U and that t . o a duly Prolassiondl Licensed Lone rveyor under ma lows o1 the Sot of ' smote. 08/08/19 don Pherson, MN Usanes No. 49138 Dole Hakanson �� Anderson Oa0 Engineer, and tend S-vey0's 763 HS7-58 AreF nnawa,-427-0a 5e10) 5660 fP% ]fi1-4]]-05]0 Easement Exhibit far Kevin Whitaker 1a OF 1 SHEETS DATE 08 08 19 1 Old fp. 4407.01 K:\Cod_surv\Land Desktop 2008\4407.01\dwg\4407.01 Easement ExhRR dng © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R076-19 A RESOLUTION ACCEPTING KRISTY WISNIEWSKI AS A MEMBER OF THE PUBLIC EMPLOYEES POLICE AND FIRE PLAN. WHEREAS, the policy of the state of Minnesota as declared in the Minnesota Statutes . 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and WHEREAS, Minnesota Statues Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for non -full-time fire fighter provided the fire service position regularly engages the employee in the hazards of firefighting. NOW THEREFORE, BE IT RESOLVED, the city Council of the City of Andover hereby declares that the position titled Fire Technician/Fire Fighter, currently held by © Kristy Wisniewski is, for primary services provided, that of a firefighter engaged in the hazards of fire fighting. NOW THEREFORE, BE IT RESOLVED, that this governing body hereby requests that the above named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee's initial Police and Fire salary deduction by the governmental subdivision. PASSED by the City Council of the City of Andover on this 171h day of September, 2019 Attest: Mic elle Harmer, Deputy City Clerk H CITY OF ANDOVER ay r Julie Trude- Mayor C•1 u lJ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R075-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE FEE ASSISTANCE PROGRAM AT THE ANDOVER COMMUNITY CENTER. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $350.00 contribution from MN Premier Volleyball is to be used towards the Andover Community Center Fee Assistance Program. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Andover Community Center Fee Assistance Program. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 17th day of September 2019, with Councilmembers Trude, Bukkila, Holthus and Knight voting in favor of the resolution, and Councilmembers Barthel (absent) voting against, whereupon said resolution was declared passed. ATTEST: 4 �Uif i, w,-- LjL'o"' Michelle Hartner - Deputy City Clerk CITY OF ANDOVER Ju ie rude - Mayor CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 074-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 19-02, 2019 STREET RECONSTRUCTION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $ 1,259,429.83 , the expenses incurred or to be incurred in the making of such improvement amount to $ 288,954.96 so that the total project costs of the improvement are $ 1,548,384.79 . 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 $1,173,788.59 , and the amount to be assessed against benefited property owners is declared to be $374,596.20 . 2. Assessments shall be payable in equal annual installments extending over a period of 8 years. The first of the installments to be payable on or before the 1 st Monday © in January 2020, 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 Knight and adopted by the City Council at a regular meeting this 17th day of September , 2019, with Councilmembers Holthus, Knight, Trude, Barthel (absent), Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Q� ATTEST: © u ie Trude - Mayor r Micl elle Hartner —Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 073-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 18-38, UNIVERSITY AVENUE NW RECONSTRUCTION. WHEREAS, by a resolution passed by the City Council on September 3, 2019, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 18-38. 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 15th day of October, 2019 , in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all Q 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 Knight and adopted by the City Council at a regular meeting this 17th day of September , 2019 , with Councilmembers Holthus, Knight, Trude, Barthel (absent), Bukkils voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: qwa vl)uk © J lie Trude - Mayor Mich Ile Hartner— Deputy City Clerk voting CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R072 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2020. 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 2020;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 2020 as listed on Attachment A. Adopted by the City of Andover this 3rd day of September 2019. ATTEST: Mich lle Harmer —Deputy City Clerk H CITY OF ANDOVER o li Trude - 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. R072-19 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2020 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 2019. Mi elle Hartner — Deputy City Clerk u \J © 0 CITY OF ANDOVER 2020 Proposed Levy Certification Debt Changes County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explanation 67B 2010A GO Open Space Bonds 70 2012C GO Taxable Abatement Bonds 72 2016A GO Equipment Certificate 74 2018A GO Capital Improvement Plan Bonds 75 2019A GO Taxable Abatement Bonds 2020 GO Equipment Certificate $ 184,199 $ 184,199 1,282,975 976,780 143,373 143,373 502,957 433,603 1,176,236 1,064,773 350,000 306,195 Meet bona fide debt service requirements 69,354 Adjustment for PY levy amount 111,463 Meet bona fide debt service requirements (350,000) new issuance Total $ 3,289,740 $ 3,152,728 $ 137,012 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R071-19 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2020 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 30, 2019. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2020 property tax levy totaling $14,479,586 as listed on Attachment A. Adopted by the City of Andover this 3rd day of September 2019. TTEST*" Mi elle Hamner — Deputy City Clerk C CITY OF ANDOVER U uli Trade - Mayor LJ 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. R071-19 adopting the 2020 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 2019. © Mic elle Hariner —Deputy City Clerk C CITY OF ANDOVER, MINNESOTA 2020 Property Tax Levy Proposed 2020 Levy General Fund Levy General Operations S 9,130,349 Park Repair/Replacement Items 120,000 Total General Fund 9,250,349 Debt Service Funds Levy 2010A G.O. Open Space Referendum Bonds 184,199 2012C Taxable G.O. Abatement Bonds 976,780 2016A G.O. Equipment Certificate 143,373 2018A G.O. Capital Improvement Plan Bonds 433,603 2019A Taxable G.O. Abatement Bonds 1,064,773 2020A G.O. Equipment Certificate 350,000 Total Debt Service 3,152,728 Other Levies Capital Projects Levy Capital Equipment/Project 275,000 Facility Maintenance Reserve 355,000 Parks Projects 15,000 Road & Bridge 1,287,469 Pedestrian Trail Maintenance 104,040 Lower Rum River Watershed 40,000 Total Other 2,076,509 Gross City Levy $ 14,479,586 Attachment A © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R070-19 A RESOLUTION APPROVING THE FINAL PLAT FOR VILLAS AT CROSSTOWN WOODS FOR THE PROPERTY LEGALLY DESCRIBED AS; UNPLATTED GROW TWP THE El/2 OF N1/2 OF NW 1/4 OF SWl/4 OF SEC 13-32-24 IN ANOKA CNTY, MN (SUBJ TO AN EASE FOR ROAD PURP OVER THE N 33 FT THEREOF), PIN 13-32-24-32-0001, ANOKA COUNTY MINNESOTA; and UNPLATTED GROW TWP THE N1/2 OF WI/2 OF N1/2 OF NWIA OF SWIA OF SEC 13-32- 24(SUBJ TO EASE FOR ROAD PURP OVER THE N 33 FT THEREOF & OVER THE W 33 FT THEREOF), PIN 13-32-24-32-0002, ANOKA COUNTY MINNESOTA, and UNPLATTED GROW TWP THE S1/2 OF WI/2 OF N1/2 OF NWIA OF SWl/4 OF SEC 13-32- 24(SUBJ TO AN EASE FOR ROAD PURP OVER THE W 33 FT THEREOF), PIN 13-32-24-32- 0003, ANOKA COUNTY MINNESOTA WHEREAS, the City Council approved the preliminary plat for Villas at Crosstown Woods on August 5, 2019; and WHEREAS, the City Council approved the final plat for Villas at Crosstown Woods on September 3, 2019; and WHEREAS, the first phase of Villas at Crosstown Woods conforms to the approved preliminary plat for Villas at Crosstown Woods. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approves the final plat for Villas at Crosstown Woods contingent upon the following: 1. Conditions approved as part of the Preliminary Plat Resolution 064-19 shall be satisfactorily met prior to the recording of the final plat. 2. The lot configurations for Villas at Crosstown Woods shall conform to the Villas at Crosstown Woods preliminary plat approved by City Council on August 5, 2019. 3. Separate Vehicle Maintenance Access Agreements shall be provided per approved grading plan. The agreements must be approved by the City Attorney and recorded at the County with the final plat. 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. Payments shall be made in accordance to the recorded Assessment Agreement. 5. A Development Agreement and Assessment Agreement shall be executed and recorded at the County with the final plat. 6. Developer will provide recordable covenants and legal HOA documents to be reviewed and approved by the City Attorney and recorded at the County with the final plat. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. H C 1 C 7A Adopted by the City Council of the City of Andover this 3`d day of September 2019. ATTEST lWicelleH' ner, City Clerk CITY OF ANDOVER JA-61� uli Trude, Mayor u al EN CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 069-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 18-38, UNIVERSITY AVENUE NW RECONSTRUCTION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $1,041,342.55 and the expenses incurred or to be incurred in the making of such improvement amount to $187,989.87, so that the total project costs of the improvement are $ 1,229,332.42 . 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 $ 466,313.68 , and the amount to be assessed against benefited property owners is declared to be $144,922.57 . The portion of the cost of such improvement to be paid by the City of Ham Lake is hereby declared to be $618,096.17 2. Assessments shall be payable in equal annual installments extending over a period of 8 years. The first of the installments to be payable on or before the 1 st Monday in January 2020, 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 Knight and adopted by the City Council at a regular meeting this 3'd day of September , 2019, with Councilmembers Bukkila, Knight Trude Holthus Barthel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER c Ju ie rude - Mayor Mic elle Hartner— Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES NO. R068-19 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR INTERIM PERFORMANCE STANDARDS LOCATED AT 3017 161sT Avenue NW, PIN 16- 32-24-23-0002, LEGALLY DESCRIBED AS: UNPLATTED CITY OF ANDOVER THAT PART OF THE E 461 FT OF THE WI/2 OF NWIA OF SEC 16-32-24 LYING S OF THE N 2,106.01 FT; EX RD; SUBJ TO EASE OF REC WHEREAS, the applicant has requested a conditional use permit for interim performance standards (related to curbing) at the subject property, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the requirements of City Code 12-14-6, 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, subject to the following conditions: 1. Commercial Site Plan review must be approved, all city staff comments addressed. 2. All necessary permits shall be obtained by the property owner prior to the start of construction. 3. The applicant shall provide additional screening along 161" Avenue as part of the Commercial Site Plan process. 4. The use of parking stops shall endure until City Sewer and water are extended into the area. At that time, any future expansion or redevelopment of the affected property shall be required to fully conform to the regular performance standards. Adopted by the City Council of the City of Andover on this 20th day of August, 2019 CITY OF ANDOVER © ATTEST: I' Trude, Mayor �CityClerk Mic elle Hartner, Deputy © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R067-19 A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR LAND RECLAMATION FOR PIN 07-32-24-43-0002, THE PROPERTY LEGALLY DESCRIBED AS: THE E 701.69 FT OF SWl/4 OF SEl/4 SEC 7 TWP 32 RGE 24, EX RD SUBJ TO EASE OF REC WHEREAS, the applicant, retroactively requested an interim use permit for the berming of up to 10,000 cubic yards of soil; and, WHEREAS, the Planning and Zoning Commission held a public hearing on August 13, 2019; 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 approval of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the interim use permit to create a berm of up to 10000 cubic yards of soil as shown on exhibit A on said property with the following conditions: 1. Soil shall not be placed in wetland areas or floodplain areas without the proper approvals and mitigation approvals. 2. Silt fencing shall be installed and maintained around the exterior of the stockpile and vegetation must be established. 3. All material shall be utilized in compliance with the City requirements. 4. Slopes shall not exceed 3 to 1 on unmaintained areas, and not exceed 4 to 1 on maintained areas. 5. The applicant will be required to seed and hydro mulch berm. 6. The applicant shall be responsible for the cleaning of material (soil, sand, etc) from the public roadways as needed (may require multiple times a day) a minimum of daily. 7. All appropriate permits shall be obtained. 8. Any future expansion of berm with fill in excess of 400 cubic yards shall require a new IUP. 9. The applicant shall contact Anoka County Highway Department to determine if additional traffic signing will be necessary during hauling periods and verify any additional county requirements. © 10. Permit shall expire on August 1, 2024. 11. The haul route shall be 71h Avenue, to 1651h Ave to applicant's driveway or may use Jivaro street to field access. Adopted by the City Council of the City of Andover on this 20th day of August, 2019. CITY OF ANDOVER ATTEST: Nihelle Harmer, Deputy City Clerk ►01 H 1 e Trude, Mayor CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 066-19 A RESOLUTION DESIGNATING NO PARKING ALONG 150TH AVENUE NW, SWALLOW STREET NW AND RAVEN STREET NW ON BOTH SIDES OF STREET IN THE WOODLAND ESTATES. WHEREAS, the City has previously approved a no parking zone on both sides of 149th Avenue NW and Raven Street NW (north and south of 149th Avenue NW); and WHEREAS, the City has notify the resident representative of the consideration of no parking restrictions within the area; and WHEREAS, the no parking zone is to be designated along the following streets between the hours of 7:45 a.m. to 2:30 p.m. school days and during school events: • 1501h Avenue NW between Uplander Street NW and Partridge Street NW • Swallow Street NW between 150th Avenue NW and 150th Lane NW • Raven Street NW between 150th Avenue NW and 150th Lane NW NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate no parking on both sides of the street. Adopted by the City Council of the City of Andover this 20th day of August , 2019. ATTEST: r i Trude - Mayor 4ic �l-'t Y � e le Hartner -Deputy City Clerk ❑# 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R065-19 A RESOLUTION DECLARING A DOG OWNED BY CHERYL OLSON, 13693 HIDDEN CREEK DRIVE NW, ANDOVER, MN, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-1A-11. WHEREAS, a Shih Tzu Mix named Jasper owned by Cheryl Olson, 13693 Hidden Creek Drive NW, Andover has bitten two human beings; and WHEREAS, on July 8, 2019 said dog bit a Home Health Nurse; and WHEREAS, on July 29, 2019 said dog left its property and bit a Pizza Delivery Person; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the reports, incidents and testimony at the hearing to hereby declare a Shih Tzu Mix named Jasper owned by Cheryl Olson, 13693 Hidden Creek Drive NW, Andover MN as a "dangerous dog" in the City of Andover pursuant to City Code Title 5, Chapter, 1 Section 5-1A-11. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Cheryl Olson a copy of the resolution. Adopted by the City Council of the City of Andover this P day of August, 2019. Attest: Mi elle Harmer — Deputy City Clerk Ln CITY OF ANDOVER gwy azpal� J ie (rude — Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R064-19 A RESOLUTION APPROVING THE PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT FOR "THE VILLAS AT CROSSTOWN WOODS" THE PROPERTIES LEGALLY DESCRIBED AS: UNPLATTED GROW TWP THE E1/2 OF NI/2 OF NWl/4 OF SWl/4 OF SEC 13-32-24 IN ANOKA CNTY, MN (SUBJ TO AN EASE FOR ROAD PURP OVER THE N 33 FT THEREOF), PIN 13-32-24-32-0001, ANOKA COUNTY MINNESOTA; and UNPLATTED GROW TWP THE N1/2 OF W1/2 OF NI/2 OF NWl/4 OF SWl/4 OF SEC 13-32-24(SUBJ TO EASE FOR ROAD PURP OVER THE N 33 FT THEREOF & OVER THE W 33 FT THEREOF), PIN 13-32-24-32-0002, ANOKA COUNTY MINNESOTA, and UNPLATTED GROW TWP THE S1/2 OF W1/2 OF N1/2 OF NWl/4 OF SWl/4 OF SEC 13-32-24(SUBJ TO AN EASE FOR ROAD PURP OVER THE W 33 FT THEREOF), PIN 13-32-24-32-0003, ANOKA COUNTY MINNESOTA © WHEREAS, Landmark Development of Minnesota, LLC has requested approval of a preliminary plat/planned unit development for The Villas at Crosstown Woods; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat and planned unit development; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the preliminary plat and planned unit development to the City Council. 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/planned Unit Development of The Villas at Crosstown Woods with the following conditions: 1. Trail fees and cash dedication in lieu of land as recommended by the Park and Recreation Commission with final approval by the City Council. 2. City of Andover staff comments dated July 16, 2019 and July 17, 2019 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 must be satisfactorily addressed and an ® approved CCWD permit must be obtained prior to any grading of the site. 4. Anoka County Highway Division comments dated July 17, 2019, or as amended by ACHD, must be satisfactorily addressed, and plans approved prior to the approval of the final plat. © 5. 6. Exhibit A shall regulate the PUD standards for the development. Exhibit B shall regulate home construction to be the same or like the housing styles and color -schemes; including up to a 3 stall garage. 7. Exhibit C shall regulate tree preservation areas with tree removal occurring for public improvements, building pads, storm water requirements; and the landscape plan that regulates required plantings for the development, subject to approval by Andover City Staff. 8. Legal documents for the Vehicle Maintenance Access Agreements must be reviewed and approved by the City Attorney prior to the approval of the final plat. 9. Prior to final plat recording at Anoka County, a development agreement acceptable to the City Attorney must be executed by the Developer. 10. Developer will provide recordable covenants and legal HOA documents to be reviewed and approved by the City Attorney and City Council prior to the approval of the final plat. Adopted by the City Council of the City of Andover this 51h day of August, 2019. CITY OF ANDOVER Julie de — Mayor1 ® Attest: 1 q Uiclle Hartner —Deputy City Clerk E 2 © EXHIBIT A APPROVED PUD STANDARDS THE VILLAS AT CROSSTOWN WOODS L o. Item R-4 P.U.D. P.U.D. Reason for Request Standard Requestfo Request for for single- detached Single family family single homes homes family villas 1 Min. Lot Width 80 ft 53 ft 70 ft Reduced lot size/sizes typical for cluster design techniques 2 Min. Lot Depth 130 ft 115 ft 135 ft Reduced lot depth typical for cluster design developments 3 Min. Lot Area 11,400 sf 6,800 sf 11,000 sf The smallest lot in the development is 7,000 sq/ft with the largest being 22,000 sq/ft. This creates a better utilization of e land. Front Setback 35 ft 16.5 ft 25 ft Reduces impervious surface, enlarges back yards and (from right -of- buffers, allows more space from the homes to the sensitive 4 way) areas such as saved woodlands and wetlands. Typical setbacks for cluster designed developments. 5 Side Setback loft 6.5 ft 6.5 ft Reduced side yard setbacks are typical for cluster design Garage side 6 ft 6.5 ft 6.5 ft developments. Corner Lot 35 ft 20 ft 20 ft 6 Rear Setback 30 ft 30 ft 30 ft The setback reduction gives flexibility for structure Placement for the villas. Rear Setback to 40 40 ft NA No single family homes are affected by this setback. County Road 7 Lot Depth 130 ft 115 ft 135 ft Villas are constructed as a complete package with patios and/or decks. Extra buildable space in the rear yard is not necessary for future accessory uses (pools, sheds, etc). This gives extra space in the rear yard and is typical of cluster design development. 8 Buildable Depth 110 ft 90 —100 ft 110 ft Villas are constructed as a complete package with patios and/or decks. Extra buildable space in the rear yard is not necessary for future accessory uses (pools, sheds, etc). This gives extra space in the rear yard and is typical of cluster design development. 9 Double Frontage 140 ft 134 ft NA The reduced front yard setback gives enough space in the Lot Depth rear yard to provide a buffer. This is typical of cluster design develo ment. L�l Exhibit B R MAIN FLOOR LIVING VILLA LIFESTYLE 44 HOMESITES ASSOCIATION MAINTAINED MAINTENANCE -FREE LIVING AT ITS FINEST Love Where You Live! Join the Parkside North community, where you can fully customize your beautiful new detached townhome. Mix and match to create your dream home from a variety of exterior designs and interior floor plans! F ©2016 MEADOW CREEK DEVELOPERS, LLC I MEADOWCREEKRUILDERS.COM DEAN ZAUDTKE 02-e1In-4797 SHAUNZAUDTKE Al2-RAL-1RV, 3 fot } P I1 '11 The Ashton II C 7 J 4 J P IL (� a �v The Birchmere The Mapleton - The Wilshire )2016 MEADOW CREEK DEVELOPERS, LLC I MEABOWCREEKBDILDERS.COM HOMES THAT FIT YOUR PERSONALITY Start with one of these expansive floor plans to customize your new home in the Parkside North community. Spacious interior features include two bedrooms and two bathrooms with an optional office/den. The luxury kitchen includes a walk-in pantry, center island, granite countertops, custom stained knotty alder cabinetry and stainless steel appliances. You'll have plenty of room for entertaining in the open living room with vaulted ceilings, four season porch and cozy fireplace. DEAN ZAUDTKE SHAUNZAUDTKE 612 040-4297 612-804-1056 0 JONATHAN I =j_ H O M E S IMJ -I fi' Aspen Floorplan Our Aspen design offers 4,021 spacious square feet with five bedrooms, five bathrooms, a Minnesota mudroom, our signature flex room and great room with hardwood floors. Make it an Aspen Sport to enjoy hours of fun in the indoor sports zone! Main Level '_J Wood Floors in Great Room * Single Everyday Dining Space c JH Signature Flex Room 11 "Minnesota Mudroom" Upper Level ,d Owners Suite with Tile Shower u SoalrerTub Li Linen Closet m Pass -through Laundry 5 5 3 n A 4,021 Finished SQ. Fr. Lower Level Finished Basement a 5th Bedroom with 3/4 Bath c? Flex Room '= wllAm I Cif C Ellingwood Floorplan Our Ellingwood design offers 4,272 spacious square feet with a beautifully angled kitchen, great room with stone fireplace, sunroom, a Minnesota mudroom, five bedrooms, five bathrooms and more! Make it an Ellingwood Sport to enjoy hours of fun in the indoor sports zone! Main Level u Beautifully Angled Kitchen u Costco Sized Pantry v JH Signature Flex Room u "Minnesota Mudroom" Upper Level r Owner's Suite with Tile Shower w Soaker Tub u His & Hers Walk-in Closet n Pass -through Laundry 5 5 33 1=1 4,272 Finished SQ. FT. Lower Level ■ Finished Basement ■ Sth Bedroom with 3/4 Bath ■ Flex Room Summit Floorplan Our Summit design offers 4,572 spacious square feet with five bedrooms, five bathrooms, a Minnesota mudroom, our signature flex room, a formal dining space and more! Make it a Summit Sport to enjoy hours of fun in the indoor sports zone! Main Level u Costco Sized Pantry u Formal Dining Room u JH Signature Flex Room "Minnesota Mudroom" Upper Level m Owner's Suite with Tile Shower m SoalcerTub iw His & Hers Walk-in Closet r Pass -through Laundry 5 5 3 MA A i1 4,572 Finished SQ. FT. Lower Level o Finished Basement ■ 5th Bedroom with 314 Bath r Flex Room .a , I I� IT /-N; WI El lip: - I w c Vail Floorplan 5 5 3 Our Vail design offers 4,442 spacious square feet with gourmet kitchen with a Costco sized pantry, �; A formal dining space, a beatuiful 2-story great room, a Minnesota mudroom, five beds, five baths, and more! Make it a bail Sport to enjoy hours of fun in the indoor sports zone! 4,442 Finished SQ. FT. Main Level u 2-Story Great Room u Costco Sized Pantry uj Formal Dining Room "Minnesota Mudroom" Upper Level id Owner's Suite with Tile Shower * Soaker Tub u His & Hers Walk-in Closet c, Pass -through Laundry Lower Level ■ Finished Basement ■ 5th Bedroom with 3/4 Bath ■ Flex Room 11 Ljj it Li.j IWO\ A ® A 61 p' of p1 1 EDECIDUMS 9�gOOO v ��� � • .1i4OO"O • �M NoF.. FWNDATION PLANiMGS TO BE MULCHED WM ROCK MULCH TO A D M OF 3". T E OF MULCH TO BE CHOSEN BY DEYFLOPER/BUILDER ROCK MULGN TO BE WD ON 6MM BUCK POLY SHEETW LANDSCAPE GRADE BACK NNri EDGER M BE USED 8ER1IDi PLANTMG BED MO SOD SEE SHEET Lt FOR TREE LOCABONS AND SCHEDULE PLANT MATERIALS TO BE CHOSEN FROM UST SHOWN. wmp.w.. uru�.N�wwa SMtU6 PLANRNC DETAIL ��__ � w4 aWWt feYL w S6r E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 063-19 A RESOLUTION REQUESTING A SPEED STUDY ALONG NIGHTINGALE STREET NW BETWEEN CROSSTOWN BOULEVARD NW AND 161ST AVENUE NW, SECTION 15 & 22, TOWNSHIP 32, RANGE 24 IN THE CITY OF ANDOVER. WHEREAS, MnDOT is requested to do a speed study, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby request MnDOT to conduct a speed study on Nightingale Street NW between Crosstown Boulevard NW and 1618t Avenue NW. Adopted by the City Council of the City of Andover this 5th day of August , 2019. E ATTEST: 4Wielle Hartner— Deputy City Clerk u CITY OF ANDOVER J li Trude - Mayor E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062-19 A RESOLUTION REQUESTING A SPEED STUDY ALONG VETERANS MEMORIAL BOULEVARD NW BETWEEN NIGHTINGALE STREET NW AND TOWER DRIVE NW, SECTION 22, TOWNSHIP 32, RANGE 24 IN THE CITY OF ANDOVER. WHEREAS, MnDOT is requested to do a speed study, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby request MnDOT to conduct a speed study on Veterans Memorial Boulevard NW between Nightingale Street NW and Tower Drive NW. Adopted by the City Council of the City of Andover this 5th day of August , 2019. ATTEST: Mi helMaer — Deputy City Clerk E CITY OF ANDOVER J ie rude - Mayor R061-19 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF ANDOVER, MINNESOTA HELD: July 16, 2019 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly called and held at the City Hall on July 16, 2019, at 7:00 P.M., for the purpose, in part, of authorizing issuance and awarding the sale of $15,770,000 General Obligation Tax Abatement Bonds, Series 2019A. The following members were present: Julie Trude, Mike Knight, Sheri Bukkila, Valerie Holthus and Jamie Barthel and the following were absent: None RESOLUTION ACCEPTING OFFER ON THE SALE OF $15,770,000 GENERAL OBLIGATION TAX ABATEMENT BONDS, SERIES 2019A, PROVIDING FOR THEIR ISSUANCE AND PLEDGING TAX ABATEMENTS AND LEVYING A TAX FOR THE SECURITY AND PAYMENT THEREOF A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $15,770,000 aggregate principal amount General Obligation Tax Abatement Bonds, Series 2019A (the ® "Bonds" or individually a "Bond"), pursuant to Minnesota Statutes, Chapter 475 and Sections 469.1812 through 469.1815, particularly Section 469.1814, to finance the expansion of the Community Center, including the construction of additional athletic facilities, administrative offices and meeting rooms. The Community Center is located at 15200 Hanson Boulevard, in the City of Andover, is owned the City of Andover, and is used by various local sports associations, Minnesota nonprofit corporations, the Anoka -Hennepin School District, and the general public. A portion of the Community Center is leased to the YMCA of the Greater Twin Cities, a 501(c)(3) non-profit organization (the "Project"); and B. WHEREAS, on May 7, 2019, following duly published notice thereof, the Council held a public hearing (i) as required under Section 147(f) of the Internal Revenue Code (the "Code") because the Bonds will be issued as "qualified 501(c)(3) bonds" under the Code and (ii) on the proposed abatement to finance the Project. All persons who wished to speak or provide written information relative to the public hearing were afforded an opportunity to do so; and C. WHEREAS, the City has requested, in writing, that Independent School District No. 11 (the "School District") to grant an abatement for the Project. The School District has declined, in writing, to grant an abatement and therefore the City has the authority to grant an abatement for up to 20 years; and 11839157vl © D. WHEREAS, the City has heretofore established a tax abatement program) the 'Program"), pursuant to the provisions of Minnesota Statutes, Sections 469.1812 through 469.1815, with respect to providing for the abatement of property taxes for a period of twenty (20) years on various properties in the City, as described in the Resolution adopted by the City Council on May 7, 2019, approving the Program (the "Abatement Resolution"); and E. WHEREAS, the amount of the property taxes abated are estimated to be at least equal to the principal of the Bonds and pursuant to the provisions of the Abatement Resolution, Bond proceeds are to be expended to provide money to pay for costs of the Project; and F. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ('Ehlers"), as its independent municipal advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and G. WHEREAS, the offers set forth on Exhibit A attached hereto were received by the City Administrator, or designee, at the offices of Ehlers at 10:00 A.M., on the date hereof, pursuant to the Preliminary Official Statement, dated July 3, 2019 established for the Bonds; and H. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and © NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: E 1. Acceptance of Proposal. The proposal of Piper Jaffray, Minneapolis, Minnesota (the 'Purchaser"), to purchase the Bonds, in accordance with the Preliminary Official Statement established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $17,198,729.17, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to the Purchaser. The Finance Manager is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2 11839157vl © 2. Bond Terms. (a) Original Issue Date, Denominations; Maturities; Term Bond Option. The Bonds shall be dated August 1, 2019, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2021 $235,000 2031 $825,000 2022 545,000 2032 860,000 2023 570,000 2033 885,000 2024 600,000 2034 910,000 2025 630,000 2035 940,000 2026 660,000 2036 965,000 2027 695,000 2037 995,000 2028 725,000 2038 1,025,000 2029 765,000 2039 1,055,000 2030 795,000 2040 1,090,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the 'Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the 'Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the © 'Participant") or the person for which a Participant holds an interest in the Bonds 11839157v1 © shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). 4 11839157v1 © (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel ® provided on the Bond stating the amount so redeemed. r3�1 L (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are II839157vt designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Project. Pursuant to the Abatement Resolution, the City's share of real estate taxes generated as a result of the Project and the Program (the "Tax Abatements") have been pledged to the payment of principal on the Bonds. The principal amount of the Bonds does not exceed the estimated amount of Tax Abatements of $18,200,000. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Proceeds of the Bonds shall be expended on costs or uses permitted by Minnesota Statutes, Sections 469.1812 through 469.1815, and shall not be expended on any costs or devoted to any other uses. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. Q 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2020, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2021 5.000 % 2031 4.000 % 2022 5.000 % 2032 3.000 % 2023 5.000 % 2033 3.000 % 2024 5.000 % 2034 3.000 % 2025 5.000 % 2035 3.000 % 2026 5.000 % 2036 3.000 % 2027 5.000 % 2037 3.000 % 2028 5.000 % 2038 3.000 % 2029 4.000 % 2039 3.000 % 2030 4.000 % 2040 3.000 % 5. Redemption. All Bonds maturing on February 1, 2029, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2028, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be 118391570 © prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Q6. Bond Re isg trar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 11839157vl 0 n E UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R. R061-19 GENERAL OBLIGATION TAX ABATEMENT BONDS, SERIES 2019A Interest Rate Maturity Date Date of Original Issue CUSIP % February 1, August 1, 2019 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Andover, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for prepayment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2020, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the 'Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the 'Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. 11839157v1 Optional Redemption. The Bonds of this issue (the "Bonds") maturing on February 1, 2029, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2028, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds prior to the date fixed for redemption. Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. Selection of Bonds for Redemption• Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall © deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $15,770,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and a resolution adopted by the City Council on July 16, 2019 (the "Resolution"), for the purpose of providing to finance the costs of the construction of the Community Center Expansion Project that benefits the property for which property taxes are levied and/or abated as described in the Resolution. This Bond is payable out of the General Obligation Tax Abatement Bonds Fund of the Issuer. This Bond constitutes a © general obligation of the Issuer, and to provide moneys for the prompt and full payment of its 0 11839157vl © principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations: Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Not a Qualified Tax -Exempt Obligation. This Bond has not been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. 10 11839157v1 © IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Administrator, the corporate seal of the Issuer having been intentionally omitted as permitted by law. E E Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota, Bond Registrar I� Authorized Signature Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Administrator 11 11839157vl © ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) under the (State) (Minor) Uniform Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. aDated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 12 I1839157v1 0 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and City Administrator and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery 1L J 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of August 1, 2019. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 13 11839157vl QAll Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Manager is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Manager to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby established a special fund to be designated "General Obligation Tax Abatement Bonds Fund" (the "Fund") to be administered and © maintained by the Finance Manager as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in 14 11839157v1 the manner herein specified until all of the Bonds and interest thereon have been fully paid and the City has been fully reimbursed from the pledge of Tax Abatements for payment of the principal on the Bonds paid by the City from taxes levied on property in the City other than the Project. There shall be maintained in the Fund the following separate accounts: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less any amount paid for the Bonds in excess of the minimum bid. From the Construction Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law. Proceeds of the Bonds may be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of Tax Abatements and taxes herein levied or covenanted to be levied and if upon completion of the Project there shall remain any unexpended balance in the Construction Account, the balance shall be transferred to the Debt Service Account. (b) Debt Service Account. To the Debt Service Account there is hereby irrevocably appropriated and pledged, and there shall be credited (i) Tax Abatements in an amount sufficient to pay the annual principal payments on the Bonds; (ii) any amount paid for the Bonds in excess of the minimum bid; (iii) any collections of all taxes herein and hereafter levied for the payment of the interest on the Bonds; (iv) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof, (v) all investment earnings on funds 10 held in the Debt Service Account; and (vi) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then -applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 15 11839157v1 ® 16. Tax Abatements; Use of Tax Abatements. The Council has adopted the Abatement Resolution and has thereby approved the Tax Abatements, including the pledge thereof to the payment of principal of the Bonds. As provided in the Abatement Resolution, the estimated total amount of Tax Abatements, if received as estimated for the full maximum term thereof, is $18,200,000, and therefore the principal amount of the Bonds does not exceed the maximum projected amount of the Tax Abatements. The Council hereby confirms the Abatement Resolution, which is hereby incorporated as though set forth herein. 17. Tax Levy; Coverage Test. To provide moneys for payment of the interest on the Bonds, there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount See Attached Tax Levy Schedule The tax levies are such that if collected in full they, together with estimated collections of Tax Abatements, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. General Obligation Pledge. For the prompt and full payment of the principal of and interest on the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Debt Service Account when a sufficient balance is available therein. 19. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or Osecurities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest 16 11839157v1 ® payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 20. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be ® issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. 1*1 (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. 17 11839157v1 © Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 21. Certificate of Registration. The City Administrator is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, Minnesota, together with such other information as the Auditor shall require, and to obtain the Auditor's certificates that the Bonds have been entered in the Auditor's Bond Register, and that the tax levy required by law has been made. 22. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and City Administrator of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the ® Bonds as the same appear from the books and records under their custody and control or as W? 118391570 otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds", other than qualified 501(c)(3) bonds, within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax -Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States. The City expects to satisfy the twenty-four month exemption for gross proceeds of the Bonds as provided in Section 1.148-7(e) of the Regulations. The Mayor and/or City Administrator are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 26. No Designation of Qualified Tax -Exempt Obligations. The City will not designate the Bonds as "qualified tax exempt obligations" within the meaning of Section © 265(b)(3) of the Code. 27. Tax Covenants. In order to ensure that the interest on the Bonds shall at all times be excluded from federal gross income, the City specifically represents, warrants and covenants with all holders of the Bonds, as follows: (a) It will fulfill all conditions specified in Sections 103 and 141 through 150 of the Code and applicable Treasury Regulations as necessary to maintain the tax exempt status of the interest borne by the Bonds. (b) All of the property financed or otherwise provided by the net proceeds of the Bonds will be owned by the City and used by the general public or organizations described in Section 501(c)(3) of the Code. (c) Less than five percent of the net proceeds of the Bonds will be used to provide property used either (i) by an organization described in Section 501(c)(3) of the Code in an activity that constitutes an unrelated trade or business, or (ii) in a trade or business by a person other than an organization described in Section 501(c)(3) of the Code or a governmental unit (within the meaning of Section 141 of the Code). (d) It shall make no use of the Project, including but not limited to entering into any agreement for the management of the Project or any similar agreement, the effect of which would cause the Bonds not to constitute "qualified 501(c)(3) bonds," within the meaning of Section 145 and related Sections of the Code, and any service contract to be entered into with ® respect to the Project (unless entered into with an organization described in Section 501(c)(3) of 19 11839157v1 H the Code) shall constitute a "qualified management agreement" within the meaning of all pertinent provisions of law, including all relevant provisions of the Code and regulations, rulings and revenue procedures thereunder, including Revenue Procedure 97-13. (e) Not more than two percent of the proceeds of the Bonds will be applied to the payment of costs of issuance of the Bonds and all costs of issuance in excess of that amount will be paid by the City from funds other than proceeds of the Bonds. (f) It has not leased, sold, assigned, granted or conveyed and will not lease, sell, assign, grant or convey all or any portion of the facilities financed by the Bonds or any interest therein to the United States or any agency or instrumentality thereof within the meaning of Section 149(b) of the Code. (g) No portion of the proceeds of the Bonds will be used to provide any of the following facilities or facilities related or incidental thereto: any airplane, skybox or other private luxury box, facility used primarily for gambling, or store the principal business of which is the sale of alcoholic beverages for consumption off premises. (h) The City will not permit any person to become a "principal user" of the Project if such action would cause the interest on the Bonds to become includable in federal gross income in the hands of the holders thereof. (i) The average maturity of the Bonds does not exceed one hundred twenty percent of the average reasonably expected economic life of the facilities financed by the Bonds as determined in accordance with Section 147(b) of the Code. 0) No obligations have been or will be issued which are described in Section 141, 142, 143, 144 or 145 of the Code and that are sold at substantially the same time as the Bonds, pursuant to a common plan of marketing or otherwise have any common or pooled security for the payment of debt service thereon with the Bonds. (k) It will not use the proceeds of the Bonds in such a manner as to cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and applicable Treasury Regulations. (1) It reasonably expects that eighty-five percent of the spendable proceeds of the Bonds will be used to carry out the governmental purpose of the issue within three years of the date the Bonds are issued. Not more than fifty percent of the proceeds of the Bonds will be invested in nonpurpose investments (as defined in Section 148(f)(6)(A) of the Code) having a substantially guaranteed yield for four years or more. (m) It will comply with and fulfill all other requirements and conditions of the Code and Treasury Regulations and rulings issued pursuant thereto relating to the acquisition, construction and operation of the facilities financed by the Bonds to the end that interest on the Bonds shall at all times be excludable from federal gross income. 20 11839157vl • (n) It will not use the proceeds of the Bonds in such a manner as to cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and applicable Treasury Regulations; and to this end, the City shall pay to the United States, as a rebate, an amount equal to the sum of (i) the excess of (I) the aggregate amount earned on all nonpurpose obligations (other than investments attributable to an excess described in this clause), over (II) the amount which would have been earned if all nonpurpose obligations were invested at a rate equal to the yield on the Bonds plus (ii) any income attributable to the excess described in clause (i), at the times and in the amounts required by Section 148 of the Code, all within the meaning of Section 148 of the Code. The City shall maintain records of the interest rate borne by the Bonds and the investments of the Debt Service Account and earnings thereon in adequate detail to enable the City to calculate the amount of any rebate required to be made to the United States. The City shall pay the rebate to the United States at times and in installments which satisfy Section 148 of the Code and the regulations, at least once every five years and within sixty days after the day on which the last of the Bonds is redeemed. Calculations of the amount to be rebated shall be made at least every five years, by bond counsel or an independent accountant selected by the City. Such calculations shall be retained until six years after the retirement of the Bonds. The rebate shall be calculated as provided in the applicable Treasury Regulations, including taking into account the gain or loss on the disposition of nonpurpose investments. LJ 28. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 29. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Old National Bank, Chaska, Minnesota, on the closing date for further distribution as directed by the City's municipal advisor, Ehlers. 30. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 31. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Knight and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Trude, Knight, Holthus and Barthel and the following voted against the same: Bukkila Whereupon the resolution was declared duly passed and adopted. 21 118391570 ® STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Administrator of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of SI5,770,000 General Obligation Tax Abatement Bonds, Series 2019A. WITNESS my hand on �kkkA I tP 2019. ;1ty A ministrator 22 11839157v1 EXHIBIT IgQEHLERS ® LC-A.DERS IN PUBLIC FINANCE BID TABULATION $17,570,000* General Obligation Tax Abatement Bonds, Series 2019A City of Andover, Minnesota SALE: July 16, 2019 AWARD: PIPER JAFFRAY Rating: S&P Global Ratings "AA+" Tax Exempt - Non -Bank Qualified NET TRUE MATURITY REOFFERING INTEREST INTEREST NAME OF BIDDER (February 1) RATE YIELD PRICE COST RATE PIPER JAFFRAY Minneapolis, Minnesota BAIRD Red Bank, New Jersey J.P. MORGAN SECURITIES LLC New York, New York $19,187,465.95 $5,653,084.05 2.5284% 2021 5.000% 1.160% 2022 5.000% 1.170% 2023 5.000% 1.180% 2024 5.000% 1.200% 2025 5.000% 1.320% 2026 5.000% 1.410% 2027 5.000% 1.470% 2028 5.000% 1.560% 2029 4.000% 1.700% 2030 4.000% 1.820% 2031 4.000% 1.940% 2032 3.000% 2.380% 2033 3.000% 2.500% 2034 3.000% 2.650% 2035 3.000% 2.710% 2036 3.000% 2.770% 2037 3.000% 2.820% 2038 3.000% 2.870% 2039 3.000% 2.920% 2040 3.000% 2.920% $19,329,311.10 $5,678,863.90 2.5313% $19,588,023.35 $5,760,126.65 2.5476% Subsequent to bid opening the issue size was decreased to $15,770,000, Adjusted Price - $17,198,729.17 Adjusted Net Interest Cost - $5,222,695.83 Adjusted TIC - 2.5433% © 11839157vl A -I BUILDING COMMUNITIES. IT'S WHAT WE DO. i✓ info@ehlers-inc.com \,. 1 (800) 552-1171 www.ehlers-inc.com NET TRUE MATURITY REOFFERING INTEREST INTEREST NAME OF BIDDER (February 1) RATE YIELD PRICE COST RATE e HUTCHINSON,SHOCKEY,ERLEY & CO. Chicago, Illinois UBS FINANCIAL SERVICES INC. New York, New York UMB BANK, N.A. Kansas City, Missouri CITIGROUP GLOBAL MARKETS INC. New York, New York NORTHLAND SECURITIES, INC. Minneapolis, Minnesota RBC CAPITAL MARKETS, LLC New York, New York BANK OF AMERICA MERRILL LYNCH New York, New York ® 11839157vl A-2 Bid Tabulation City of Andover, Minnesota $17,570,000* General Obligation Tax Abatement Bonds, Series 2019A $19,551,189.35 $5,796,960.65 2.5671% $19,384,853.93 $5,773,421.07 2.5682% $19,107,087.80 $5,733,462.20 2.5717% $19,537,809.40 $5,810,340.60 2.5742% $19,246,213.54 $5,785,836.46 2.5857% $19,187,037.46 $5,845,012.54 2.6176% $19,054,168.55 $5,864,756.45 2.6376% July 16, 2019 Page 2 If J E EXHIBIT B TAX LEVY CALCULATION Issue IDf1 333416 City of Andover, MN Dated Date: 8/1/2019 $15,770,000 General Obligation Tax Abatement Bonds, Series 2019A Call Date: 2/1/2028 General Obligation Tax Abatement Bonds, Series 2019A Tax Levy Tax Collect Bond Pay (1) Less: Tax Year Year Year Abatement Total P & I P & I @ 305%* Revenue Net Levy 2019 / 2020 / 2021 1,120,225.00 1,176,236.25 (788,500.00) 387,736.25 2020 / 2021 / 2022 1,123,400.00 1,179,570.00 (788,500.00) 391,070.00 2021 / 2022 / 2023 1,121,150.00 1,177,207.50 (788,500.00) 388,707.50 2022 / 2023 / 2024 1,122,650.00 1,178,782.50 (788,500.00) 390,282.50 2023 / 2024 / 2025 1,122,650.00 1,178,782.50 (788,500.00) 390,282.50 2024 / 2025 / 2026 1,121,150.00 1,177,207.50 (788,500.00) 388,707,50 2025 / 2026 / 2027 1,123,150.00 1,179,307.50 (788,500.00) 390,807.50 2026 / 2027 / 2028 1,118,400.00 1,174,320.00 (788,500.00) 385,820.00 2027 / 2028 / 2029 1,122,150.00 1,178,257.50 (788,500.00) 389,757.50 2028 / 2029 / 2030 1,121,550.00 1,177,627.50 (788,500.00) 389,127.50 2029 / 2030 / 2031 1,119,750.00 1,175,737.50 (788,500.00) 387,237.50 2030 / 2031 / 2032 1,121,750.00 1,177,837.50 (788,500.00) 389,337.50 2031 / 2032 / 2033 1,120,950.00 1,176,997.50 (788,500.00) 388,497.50 2032 / 2033 / 2034 1,119,400.00 1,175,370.00 (788,500.00) 386,870.00 2033 / 2034 / 2035 1,122,100.00 1,178,205.00 (788,500.00) 389,705.00 2034 / 2035 / 2036 1,118,900.00 1,174,845.00 (788,500.00) 386,345.00 2035 / 2036 / 2037 1,119,950.00 1,175,947.50 (788,500.00) 387,447.50 2036 / 2037 / 2038 1,120,100.00 1,176,105.00 (788,500.00) 387,605.00 2037 / 2038 / 2039 1,119,350.00 1,175,317.50 (788,500.00) 386,817.50 Cashflow and levy needs should be reviewed annually to account for prepaid and/or delinquent assessments. The City is required to levy an amount sufficient to cover 105% of principal and interest payments, totaling * $23,542,496.25. 0 11839157v1 B-1 jg-'%'EHLERS ft I rA6r R5 `Q Pl:F1. iC ruq AFJ-E © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R060-19 A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR LAND RECLAMATION FOR PIN 10-32-24-44-0005, THE PROPERTY LEGALLY DESCRIBED AS: THAT PRT OF SETA OF SE1/4 OF SEC 10 T32 R24 LYG N OF S 330 FT THEREOF, LYG S OF N 650.23 FT THEREOF & LYG WLY OF ANOKA CO HWY R/W PLAT NO 27; EX RD; SUBJ TO EASE OF REC WHEREAS, the applicant, retroactively requested an interim use permit for the storage/and spreading of up to 700 cubic yards of soil; and, WHEREAS, the Planning and Zoning Commission held a public hearing on July 9, 2019; 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 approval of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the interim use permit to allow for the storage of up to 700 cubic yards of soil on said property with the following conditions: 1. Soil shall not be placed in wetland areas or floodplain areas without the proper approvals and mitigation approvals. 2. Silt fencing shall be installed and maintained around the exterior of the stockpile and vegetation must be established. 3. All material shall be utilized in compliance with the City requirements. 4. Slopes shall not exceed 3 to 1 on unmaintained areas, and not exceed 4 to 1 on maintained areas. 5. The applicant will be required to seed and hydro mulch the stockpile/land reclamation area and ensure proper vegetation. 6. No grading/stockpiles shall occur within 50 feet of adjacent property lines or right-of- way unless approved by the City Engineer. 7. The applicant shall be responsible for the cleaning of material (soil, sand, etc) from the public roadways as needed (may require multiple times a day) a minimum of daily. 8. All appropriate permits shall be obtained. 9. Any future expansion of berm with fill in excess of 400 cubic yards shall require a new IUP. 10. Permit shall expire on October lst, 2019. [�J © Adopted by the City Council of the City of Andover on this 161h day of July, 2019. CITY OF ANDOVER ATTEST: J i Trude, Mayor is elle Hartner, Deputy City Clerk E 101 © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R059-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER, ANDOVER YMCA COMMUNITY CENTER DONOR WALL. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $1,000.00 contribution from Cherri Drum is to be used towards the Andover YMCA Community Center. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Andover YMCA Community Center. © MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 16th day of July, 2019 with Councilmembers Trude, Bukkila, Barthel, Holthus and Knight voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: Mic elle Hartner - Deputy City Clerk n CITY OF ANDOVER Dh J o Trude - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R058-19 A RESOLUTION AMENDING A CONDITIONAL USE PERMIT FOR A VETERINARY CLINIC WITHIN THE HANSON'COMMONS II SHOPPING CENTER LOCATED AT 1574 154TH AVENUE NW LEGALLY DESCRIBED AS LOT 1, BLOCK 1, CHESTERTON COMMONS FOURTH ADDITION, ANOKA COUNTY, MINNESOTA. WHEREAS, Conditional Use Permit RES. NO. R125-06 was granted on the 17a` day of October, 2006 to allow for a Veterinary Clinic, and; WHEREAS, the original applicant vacated the property in 2016, and; WHEREAS, veterinary services have not been performed on the property since 2016, and; WHEREAS, the applicant has requested approval of a conditional use permit for a veterinary clinic on the subject property, and; WHEREAS, the applicant is proposing a holistic veterinary clinic, and; 0 WHEREAS, interior structural alterations are being made for the proposed veterinary clinic, and; WHEREAS, the change in tenancy, change in veterinary services to be provided, and interior structural alterations necessitates a change in the original conditions, and; WHEREAS, the Planning and Zoning Commission held a public hearing pursuant to City Code 12-14-8,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 Conditional Use Permit request. 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 hereby approves the conditional use permit for a veterinary clinic located within the existing building at 1574 154" Ave NW, subject to the following conditions: 1. Applicant shall provide adequate facilities to handle and dispose of waste onsite. 2. Holistic Veterinary Care shall be limited to "domestic animals". 3. No "domestic animals" shall be kept overnight. fl4. All "domestic animals" shall be treated indoors. 5. If the conditional use granted herein ceases operation for a period of one (1) year, calculated as beginning on the day following the last day in which the use was in normal operation, the conditional use permit may be revoked by resolution of the City Council. © Adopted by the City Council of the City of Andover on this 2 d day of July 2019. CITY OF ANDOVER i/ ATTEST J li Trude, Mayor Michelle Hartner, �CityClerk \J © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R057-19 A RESOLUTION APPROVING A VARIANCE FOR PROPERTY LEGALLY DESCRIBED AS: Lot 1, Block 5, Shadowbrook 2nd Addition WHEREAS, the applicant has requested approval of a variance to reduce the ten foot (10') minimum setback for the principal structure to five feet (5') to expand the principal structure to accommodate for a vertical platform lift (elevator): and WHEREAS, the Andover Review Committee has reviewed the variance request; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said variances; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommended approval of the variance; and © WHEREAS, City Council completed a review of the variance, along with Planning and Zoning Commission recommendation; and WHEREAS, City Council approves the variance to reduce the ten foot (10') minimum setback for the principal structure to five feet (5') in order expand the principal structure to accommodate for a vertical platform lift (elevator) that will provide accessibility to the second level; and WHEREAS, based on the criteria for granting a variance under City Code 12-14-713, City Council finds the following findings of fact to support the approval of the variance requests: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control. • Elevators are a permitted use and are typically constructed within the home. However, in this case, the elevator needs to be retrofitted into an existing structure that requires a variance for a reduced side yard setback. • The construction of the elevator in the proposed location allows the owner to utilize the existing floor plan, in which access will be provided to the areas of the home that are needed to assist with the care of Mr. Trans son. 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner. © • The current floorplan was created in 1998; at time of construction of the home. 0 The home meets the required setbacks. © • Mr. Tran purchased the existing home with the current floor plan. However, when it was purchased, there was not a need for an elevator or to make the home fully accessible to assist with the personal care of his son. 3. The variance, if granted, will not alter the essential character of the locality and will not alter the urban residential character. • The proposed addition is located within the urban portion of the community. • The property is zoned R-4, Single Family Urban. • Garages can be 6 feet from the side yard property line. • Detached accessory structures can be constructed 5 feet from the side yard property line. • The elevator addition will be approximately 6 feet x 5 feet; it will not run the entire width of the home. • The exterior finish of the addition will be of the same/similar materials as the existing home. 4. Economic considerations alone do not constitute practical difficulties. • If the variance is not granted, Mr. Tran will not be able to provide access to the second level bedroom and bathroom. Access to the second level will provide privacy for his son. • Mr. Tran has indicated the proposed location of the addition allows for the logical use of the existing floorplan. 40 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variances with the following conditions: 1. All appropriate permits shall be obtained prior to commencement of the work. 2. The finished exterior of the addition shall be the same or similar to the principal structure. 3. The addition shall be completed within one year of the approval of the variances. Variance approvals will be invalid after such time. Adopted by the City Council of the City of Andover this 2nd day of July, 2019. ATTEST- CITY OF ANDOVER Michelle Harmer, City Clerk J ie rude, Mayor [a] © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R056-19 A RESOLUTION APPROVING THE FINAL PLAT FOR COUNTRY OAKS NORTH FOURTH ADDITION FOR THE PROPERTY LEGALLY DESCRIBED AS; Country Oaks North Third Addition Outlot A WHEREAS, the City Council approved the preliminary plat for Country Oaks North on November 17, 2015; and WHEREAS, the City Council approved the final plat for Country Oaks North Second Addition on June 7, 2016; and WHEREAS, the final plat of Country Oaks North Fourth Addition conforms to the approved preliminary plat for Country Oaks North. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approves the final plat for Country Oaks North Fourth Addition contingent upon the following: 1. The lot configurations for Country Oaks North Fourth Addition shall conform to the Country Oaks North Second Addition preliminary plat approved by City Council on November 17, 2015, ® with the exception of Outlot A and Outlet B, which was combined to create Lot 1, Block 4. 2. Separate Vehicle Maintenance Access Agreements shall be provided per approved grading plan. The agreements must be approved by the City Attorney and recorded at the County with the final plat. 3. Separate Trail Easement shall be provided and approved by the City Attorney and recorded at the County with the final plat. 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. Payments shall be made in accordance to the recorded Assessment Agreement. 5. A Development Agreement and Assessment Agreement shall be executed and recorded at the County with the final plat. 6. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. Adopted by the City Council of the City of Andover this 18th day of June 2019. ATTEST CITY OF ANDOVER a Micl elle Harmer, City Clerklp1&n C lie rude, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R055-19 A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR LAND RECLAMATION FOR PIN 14-32-24-42-0004, THE PROPERTY LEGALLY DESCRIBED AS: THAT PRT OF NW 1/4 OF SEl/4 OF SEC 14 TWP 32 RGE 24 DESC AS FOL, COM AT NW COR OF SD 1/4 1/4, TH N 89 DEG 34 MIN 26 SEC E ASSD BRG ALG N LINE THEREOF 852.95 FT TO POB, TH S 0 DEG 56 MIN 29 SEC E 780 FT, TH S 87 DEG 57 MIN 04 SEC E 185.24 FT, TH S 0 DEG 56 MIN 29 SEC E 102 FT, TH N 89 DEG 34 MIN 26 SEC E 201.23 FT TO W R/W LINE OF B N R/R, TH N 0 DEG 11 MIN 40 SEC W ALG SD R/W LINE 889.97 FT TO SD NLINE, TH WLY ALG SD N LINE 397.83 FT TO POB, EX RD, SUBJ TO EASE OF REC WHEREAS, the applicant, requested an interim use permit for the storage/and spreading of up to 1,500 cubic yards of soil; and, WHEREAS, the Planning and Zoning Commission held a public hearing on June 11, 2019; 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 approval of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the interim use permit to allow for the storage of up to 1,500 cubic yards of soil on said property with the following conditions: 1. Soil shall not be placed in wetland areas or floodplain areas without the proper approvals and mitigation approvals. 2. Silt fencing shall be installed and maintained around the exterior of the stockpile and vegetation must be established. 3. All material shall be utilized in compliance with the City requirements. 4. Hours of hauling soil to the site are limited to Monday thru Friday 7:00 am — 7:00 pm, Saturday from 8:00 am — 7:00 pm, no operations on Sunday. 5. Hauling of material to the site shall follow the haul route as indicated in Exhibit A. 6. Slopes shall not exceed 3 to 1. 7. The applicant will be required to seed and hydro mulch the stockpile/land reclamation area and ensure proper vegetation. 8. No grading/stockpiles shall occur within 50 feet of adjacent property lines or right-of- way unless approved by the City Engineer. © 9. The applicant shall be responsible for the cleaning of material (soil, sand, etc) from the public roadways as needed (may require multiple times a day) a minimum of daily. 10. All appropriate permits shall be obtained. 11. IUP Permit shall expire four (4) years from date approved. Adopted by the City Council of the City of Andover on this 18th day of June, 2019. CITY OF ANDOVER ATTEST: _ J ie rude, Mayor Q Mi helle Harmer, Deputy City Clerk u u © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R054-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION ACCEPTING A MONETARY DONATION TO THE FIRE DEPARTMENT FROM SBM FIRE DEPARTMENT FOR SAFETY CAMP. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $100 contribution from SBM FIRE DEPARTMENT, is to be used towards Safety Camp 2019. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Fire Department's Safety Camp. MOTION seconded by Councilmember Barthel and adopted by the City © Council at a regular meeting this DATE, with Councilmembers Trude, Barthel, Holthus and Knight voting in favor of the resolution, and Councilmembers Bukkila (absent) voting against, whereupon said resolution was declared passed. ATTEST: Miclhelle Hartner - Deputy City Clerk u CITY OF ANDOVER �Axoe / Juli r de -Mayor Eft 1E H MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R053-19 .1591HI O to adopt the following: A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO CLOSE ON THE PURCHASE AGREEMENT FOR WINSLOW COVE 2ND ADDITION LOT 5 BLOCK 3. WHEREAS, on March 5, 2019 the City Council authorized a purchase agreement for a lot in the Winslow Cove Development (Winslow Cove 2nd Addition Lot 5 Block 3.; and WHEREAS, the purchase agreement was executed by the Seller and the City of Andover in the amount of $115,000 and the lot will be used by the City of Andover for the purpose of facilitating an EastNVest trail connection under the railroad tracks. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby authorize the City Administrator to close on the purchase agreement for Winslow Cove 2nd Addition Lot 5 Block 3. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 4th day of June 2019, with Councilmembers Trude, Barthel, Bukkila, Holthus and Knight voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: *MicelIeLHa4neLrDe1p:utyCity Clerk CITY OF ANDOVER li Trude - Mayor S F ED CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Resolution No. R052-19 Council Member Holthus introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $17,570,000 General Obligation Tax Abatement Bonds, Series 2019A A. WHEREAS, the City Council of the City of Andover, Minnesota has heretofore determined that it is necessary and expedient to issue the City's $17,570,000 General Obligation Tax Abatement Bonds, Series 2019A (the "Bonds"), to finance the construction of an expansion to the City's existing Community Center with the YMCA in the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent municipal advisor for the Bonds in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization; Findings. The City Council hereby authorizes Ehlers to assist the City for the sale of the Bonds. 2. Meeting; Proposal O ep nine. The City Council shall meet at 7:00 p.m. on July 16, 2019, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by City Council Member Knight and, after full discussion thereof and upon a vote being taken thereon, the following City Council Members voted in favor thereof: Trude, Barthel, Holthus and Knight and the following voted against the same: Bukkila Whereupon said resolution was declared duly passed and Nktted. Dated this 4' day of June, 2019. City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R051-19 MOTION by Council member Barthel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR IMPROVEMENT OF PROJECT NO. 17-26, ANDOVER YMCA COMMUNITY CENTER EXPANSION WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.035-19 dated April 16, 2019, bids were received, opened and tabulated according to law with results of the lowest bidder identified on RJM Construction recommendation letter "Andover YMCA Community Center Expansion Recommendations for Award of Contract'. See Exhibit A attached hereto and made a part hereof. A bid tabulation and complete bid and quote results are on file with the Andover Finance Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids and quotes as indicated by RJM Construction as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with contractors and at a cost identified on Exhibit A, letter from RJM Construction referred to as "Andover YMCA Community Center Expansion Recommendations for Award of Contract' dated May 31, 2019. MOTION seconded by Council member Knight and adopted by the City Council at a regular meeting this 4th day of June 2019, with Council members Trude, Barthel, Holthus and Knight voting in favor of the resolution, and Council members Bukkila voting against, whereupon said resolution was declared passed. CITY OF ANDOVER uli Trude - Mayor © Michelle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R050-19 A RESOLUTION GRANTING THE VACATION OF DRAINAGE AND UTILITY EASEMENT AT 2491 174TH LN NW, LOT 7, BLOCK 1, WOODLAND RIDGE ADDITION, PIN 04-32-24-44-0005, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: That part of the Drainage and Utility Easement as depicted in the recorded plat of Woodland Estates Second Addition, Anoka County, Minnesota described as follows: That part of the utility and drainage easement originally dedicated on Lot 7, Block 1, WOODLAND RIDGE, Anoka County, Minnesota, described as follows: Commencing at the northeast corner of said Lot 7, Block 1, WOODLAND RIDGE; thence on an assumed bearing of North 40 degrees 14 minutes 02 seconds West, along the northeast line of said Lot 7, Block 1, a distance of 131.77 feet; thence South 25 degrees 30 minutes 22 seconds West, a distance of 40.01 feet to the point of beginning of the easement to be vacated; thence South 25 degrees 30 minutes 22 seconds West, a distance of 259.99 feet; thence North 64 degrees 29 minutes 38 seconds West, a distance of 90.00 feet; thence North 74 degrees 55 minutes 32 seconds East, a distance of 54.51 feet; thence North 39 degrees 04 minutes 00 seconds East, a distance of 68.13 feet; thence North 03 degrees 16 minutes 46 seconds East, a distance of 61.77 feet; thence North 54 degrees 28 minutes 47 seconds East, a distance of 115.58 feet to the point of beginning. WHEREAS, the property owner has requested to vacate the described 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. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of drainage and utility easement subject to the following: 1. The vacation of easement shall be recorded at Anoka County. 2. The vacation of easement will not include the Minnesota Pipeline Company power line easement. Em © Adopted by the City Council of the City of Andover on this 4th day of June 2019. ATTEST CITY OF ANDOVER Mi helle Harmer, Deputy City Clerk J i Trude, Mayor H EJ 0 EXHIBIT A -CERTIFICATE OF SURVEY_ .. N965U•62 -for- ADAM WALKER ---- ° N. N.W. ,� "' -of- 2491 174TH LANE ANDOVER,MN B L O C :s . a111 / ' yw w ¢.;. ,ba�m i ba^+sw nv. Xo.saa A{ pJ AFtli s�a2r ------------ "''' m EEGENNIn �..,S,X C�Z - m I"IE � X .: , .. NOTES rim e. ......f¢e ".e. r,, I l..�t•.N.Atgew.,',NN,If LEGAL DESCRIPTION OF EASEMENT TO BE VACATED _ — — — — _ — _ — —w; v°.inm:°.�e; e::an0e�i'°w�w�: •,en1pwi..u.cn.,ta<a, e, 1, ema a,wlgo,nxp NODE, xewa 17 — . -e o�:oa'.e°a 'Al,Nmess,ve�aw�az%ro" �¢'a'A°.oa','I<nk" Ix,,"�a" 2\ \ eeo,,r,o 77 ft,e eane to ewIANNA; eee sAuN, 5111 a sAm w fxAli ss d. ,e eatl¢.1 fit n`,` '16 IntaN°m'X E....Y...1; Lh11es 6x� n.-Al aAll—._AA Nen¢flMH ,tta 39 mill.-e, 1 All, umnEVE•[�e ElNentt AI115.5B ktt,ege Poem al N "A,x. \ S. r--J N DENOTII .0 o f AN 4 d9 5A / . „<• is � �'* e>� � I r\ �d NORTH GRAPHIC SCE ---------------------------- ueka¢ wum+rzeebtae e.neneukmn.uurc.tw a..—,Aeae / romp.. ¢"'" " NA—'. E"6" RRR a SRNs, INC" am:` �1 p" Professional Land Surveyors wY., ixNx1<oq 6776 Lake Drive NE Suite 110 Lino Lakes, MN 55d14 , Tel.(651) 361A266 Fox (651)361d01 X © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R049-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE CONSTRUCTION OF THE ICE SHEET COMPONENT OF THE SPORTS COMPLEX COMPONENT THAT'S PART OF THE ANDOVER YMCA COMMINTY CENTER EXPANSION PROJECT. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $500,000 contribution from Andover Huskies Youth Hockey Association is to be used towards the construction of the ice sheet component of the sports complex that's part of the Andover YMCA Community Center expansion project. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the ice sheet component of the sports complex © component that's part of the Andover YMCA Community Center expansion project. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 4th day of June 2019, with Councilmembers Trude, Barthel, Bukkila Holthus and Knight voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: © qMAeA1IeHaner - Deputy City Clerk CITY OF ANDOVER 4.,0 nk itrude - Mayor H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 048-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 19-2 2019 STREET RECONSTRUCTION . WHEREAS, the City of Andover has a contract for Project No. 19-2, 2019 Street Reconstruction with Kuechle Underground Inc. of Kimball, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order #1 to Project No. 19-2. ® Adopted by the City Council of the City of Andover this 4th day of June , 2019. CITY OF ANDOVER ATTEST: li Trude - Mayor G✓M'VLE/I Mich Ile Hartner — Deputy City Clerk C 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 047-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 17-17, CROSSTOWN BOULEVARD NW TRAIL (BOARDWALK) . WHEREAS, the City of Andover has a contract for Project No. 17-17, Crosstown Boulevard NW Trail (Boardwalk) with _ Peterson Companies of Chisago City, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order #1 to Project No. 17-17. © Adopted by the City Council of the City of Andover this 4th day of June 2019. CITY OF ANDOVER ATTEST: V Trude - Mayor ich Ile Hartner— Deputy City Clerk CJ © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R046-19 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "SHADOWBROOK NORTH" FOR PROPERTY LEGALLY DESCRIBED AS; LOT 6 AUD SUB NO 141, EX N 160 FT THEREOF, EX RD, SUBJ TO EASE OF REC, PIN 25-32-24-41-0005 ANOKA COUNTY MINNESOTA; and THAT PRT OF LOT 8 AUD SUB NO 141 LYG SLY OF N 673.01 FT THEREOF, EX PRTS PLATTED AS SHADOWBROOK 3RD ADD & SHADOWBROOK 5TH ADD, EX RD, SUBJ TO EASE OF REC, PIN 26-32-24-13-0002 ANOKA COUNTY MINNESOTA. WHEREAS, Jan Thomas requested approval of a preliminary plat for Shadowbrook North; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and © WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the preliminary plat to the City Council. 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 Shadowbrook North with the following conditions: 1. Park and trail dedication as recommended by the Park and Recreation Commission at the November 15, 2018 meeting. 2. City of Andover staff comments dated May 8, 2019 and Coon Creek Watershed District comments dated April 9, 2019 shall be satisfactorily addressed prior to any grading of the site. The Andover Engineering Department will determine when all items have been addressed. 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 building permits will be issued until the final plat has been recorded with Anoka County and the Federal Emergency Management Agency (FEMA) approves the requests for a Letter of Map Amendment (LOMA) and Letter of Map Revision (LOMR) on the lots impacted by the floodplain fill and floodway revisions. © 6. Prior to final plat recording at Anoka County, a development agreement acceptable to the City Attorney must be executed by the Developer. © 7. A one hundred (100) foot trail easement along the north side of Coon Creek shall be shown on the preliminary plat; which will be recorded as a separate easement document with the final plat. 8. Separate easement documents will be required for each proposed vehicle maintenance access to be recorded with the final plat. 9. Rezoning of the parcels from RI to R4 shall be approved prior to the approval of the final plat. Adopted by the City Council of the City of Andover this 21 st day of May 2019. CITY OF ANDOVER ATTEST: Mi helle Harmer, City Clerk J li Trude, Mayor H ltl CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045-19 MOTION by Council member Holthus to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 18-39, LIFT STATION #10 IMPROVEMENTS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 033-19 dated April 16, 2019, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Contractor Bid Amount Minger Construction Co, Inc. $760,929.58 Pember Companies, Inc. $769,678.55 Meyer Contracting, Inc. $825,350.47 Engineer's Estimate $720,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to Minger Construction Company 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 Minger Construction Company, Inc in the amount of $760,929.58 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 215t day of May , 2019, with Council members Holthus. Knight, Trude Barthel, Bukkila voting in favor of the resolution, and Council members against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: R J ie rude - Mayor �Mi elle Hamner — Deputy City Clerk voting © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R044-19 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "CATCHER'S CREEK WEST" FOR PROPERTY LEGALLY DESCRIBED AS; THAT PRT OF SWl/4 OF NEIA OF SEC 26 TWP 32 RGE 24 DESC AS FOL, COM AT SW COR OF SD 1/4 1/4, TH E ALG S LINE THEREOF TO A PT 479 FT W OF C/L OF BN R/R R/W AKA POB, TH CONT E ALG SD S LINE TO A PT 1 OOFT W OF SD R/R C/L, TH N PRLL/W SD R/R C/L 550 FT, TH W PRLL/W SD S LINE TO INTER/W A LINE PRLL/W & 479 FT W OF SD R/R C/L, TH S PRLL/W SD R/R C/L 550 FT TO POB, EX RD, SUBJ TO EASE OF REC, Anoka County, Minnesota WHEREAS, Mark Smith has requested approval of a preliminary plat for Catcher's Creek West; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning © Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the preliminary plat to the City Council. 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 West with the following conditions: 1. Park and trail dedication as recommended by the Park and Recreation Commission at the August 16, 2018 meeting. 2. City of Andover staff comments dated April 30, 2019, Coon Creek Watershed District comments dated March 25, 2019, and Anoka County Highway Department comments dated April 15, 2019 shall be satisfactorily addressed prior to any grading of the site. The Andover Engineering Department will determine when all items have been addressed. 3. The Landscape Plan shall be approved by the Andover Natural Resources Technician prior to any grading of the site. 4. The applicant shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 5. 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. 6. Prior to the approval of the final plat, the parcel shall be rezoned to R4 — Single Family © Urban to comply with Andover City Code Zoning Regulations. H C 7. Prior to final plat recording at Anoka County, a development agreement acceptable to the City Attorney must be executed by the Developer. Adopted by the City Council of the City of Andover this 7a' day of May, 2019. ATTEST: r� Mic elle Hartner, City Clerk CITY OF ANDOVER Jul' rude, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA [:701.`11R6a31L BM A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR LAND RECLAMATION FOR THE PROPERTY LEGALLY DESCRIBED AS: THAT PRT OF N1/2 OF SEC 25 T32 R24 LYG WLY OF BLK 2 SMITHS ROLLING OAKS, NLY OF 146TH LN NW & FLY OF PRAIRIE RD; EX N 321.44 FT THEREOF; ALSO EX RDS; SUBJ TO EASE OF REC WHEREAS, Mark and Mike Smith, requested an interim use permit for the storage/and spreading of up to 60,000 cubic yards of soil; and, WHEREAS, the Planning and Zoning Commission held a public hearing on April 9, 2019; 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 approval of ® the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the interim use permit to allow for the storage of up to 60,000 cubic yards of soil on said property with the following conditions: 1. Soil shall not be placed in wetland areas or floodplain areas without the proper approvals and mitigation approvals. 2. Silt fencing shall be installed and maintained around the exterior of the stockpile and vegetation must be established. 3. All material shall be utilized in compliance with the City requirements. 4. Hours of hauling soil to the site are limited to Monday thru Friday 7:00 am — 7:00 pm, Saturday from 8:00 am — 7:00 pm, no operations on Sunday. 5. Hauling of material to the site shall follow the haul route as indicated in Exhibit A. 6. No hauling of material shall be hauled on University Avenue. Slopes shall not exceed 3 to 1. 7. The applicant will be required to seed and hydro mulch the stockpile/land reclamation area and ensure proper vegetation. 8. No grading/stockpiles shall occur within 50 feet of adjacent property lines or right-of- way unless approved by the City Engineer. 9. The applicant shall be responsible for the cleaning of material (soil, sand, etc) from the public roadways as needed (may require multiple times a day) a minimum of daily. © 10. All appropriate permits shall be obtained. 11. IUP Permit shall expire five (5) years from date approved. n Adopted by the City Council of the City of Andover on this 7th day of May, 2019. CITY OF ANDOVER ATTEST: - li Trude, Mayor 'Michelleartner, Deputy City Clerk E H © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R042-19 A RESOLUTION APPROVING A VARIANCE FOR PROPERTY LEGALLY DESCRIBED AS: Lot 1, Block 4, Woodland Estates Second Addition WHEREAS, the applicant has requested approval of variance to reduce the ten foot (10') minimum setback for the principal structure to six feet (6') to expand the principal structure above the garage area. WHEREAS, the Andover Review Committee has reviewed the variance request; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said variances; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommended approval of the variance; and ® WHEREAS, City Council completed a review of the variance, along with Planning and Zoning Commission recommendation; and WHEREAS, City Council approves the variance to reduce the ten foot (10') minimum setback for the principal structure to six feet (6') to expand the principal structure above the garage area; and WHEREAS, based on the criteria for granting a variance under City Code 12-14-7B, City Council finds the following findings of fact to support the approval of the variance requests: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control. • The applicant is looking to add additional living space to his home above his existing garage. • Expansion of the home above the garage would allow the applicant to utilize the existing footings for the garage. The plight of the property owner is due to circumstances unique to the property not created by the landowner. • The current home is located on a corner lot. • The corner lot has a larger setback of 35 feet from the property line adjacent to street ® vs an interior lot of 10 feet for the principal structure. Q • The property owner acquired the property in 2008, while the home received a Certificate of Occupancy in August 2001. • The current floorplan was created in 2001; at time of construction of the home. The variance, if granted, will not alter the essential character of the locality and will not alter the rural residential character. • The applicant has indicated that this addition will enhance the property. • The applicant has indicated the addition will alter the home to be more in line with all the newer homes just north of their residence on Verdin St from an exterior appearance standpoint. • The proposed addition is located within the urban portion of the community. • The property is zoned R-4, Single Family Urban. • The neighbors garage is currently 6 feet from the property line. 4. Economic considerations alone do not constitute practical difficulties. • If the variance is not granted, the applicant has indicated due to the corner lot another location is difficult to blend in with the existing floorplan. • The applicant has indicated the variance would allow for the use of the existing footings of the garage vs. installing new footings. • The applicant has indicated the proposed addition allows for the logical use of the existing floorplan. • It may be cheaper to add onto the home in a different location. E NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variances with the following conditions: 1. All appropriate permits shall be obtained prior to commencement of the work. 2. The addition above the garage shall be completed within one year of the approval of the variances. Variance approvals will be invalid after such time. Adopted by the City Council of the City of Andover this 7`h day of May, 2019. ATTEST. 44Mielle Hartner, City Clerk u J ie rude, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R041-19 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ON -SITE IN -HOME THERAPUETIC MASSAGE SERVICES ON PROPERTY LOCATED AT 14405 OSAGE ST. NW LEGALLY DESCRIBED AS FOLLOWS: LOT 3, BLOCK 1, CREEKSIDE ESTATES 2ND ADDITION, ANDOVER MN 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 and Zoning Commission held a public hearing pursuant to City Code; 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 this request. 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 hereby approves the conditional use permit for on -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 Massage Businesses and Services. 2. A parking space for clients shall be established in the driveway of the residence. 3. Hours of operation shall be daily from 7:00 a.m. — 10:00 p.m. 4. There shall be no more than five (5) clients per day. Adopted by the City Council of the City of Andover on this 71h day of May, 2019. CITY OF ANDOVER q ATTEST- li LTru�de, Mayor Mic elle Hartner, Deputy City Clerk C CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R040-19 RESOLUTION APPROVING PROPERTY TAX ABATEMENTS HELD: May 7, 2019 BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota (the "City"), as follows: Recitals. (a) The City proposes to approve tax abatements in connection with the financing of the construction of the Community Center Expansion Project located at 15200 Hanson Boulevard NW in the City (Parcel #22-32-24-41-0003) (the "Project"). The City proposes to use the abatement for the purposes provided for in the Act (as hereinafter defined), including the Project. The proposed term of the abatement will be for up to twenty (20) years in an amount not to exceed $18,200,000. The abatement will apply to the City's share of the property taxes (the "Abatement") derived from the properties located between '/4 of a mile and 1.5 miles from the Project with the exception of parcels contained within Tax Increment District 1-5 & 1-6 (Parcel #22-32-24-11-0024, 22-32-24-11-0025, 34-32- 24-11-0004, & 34-32-24-11-0005) and tax exempt parcels (the "Properties"). Attached as "Exhibit A" is a map which identifies the location of the Properties. A list of the property identification numbers of the Properties are on file with the office of the City Administrator. (b) The City has requested, in writing, that Independent School District No. 11 (the "School District") grant a tax abatement to finance the Project and the School District has declined in writing to grant a tax abatement for the Project. (c) On May 7, 2019, the Council held a public hearing on the question of the Abatement, and said hearing was preceded by at least 10 days but not more than 30 days prior published notice thereof. (d) The City proposes to issue General Obligation Tax Abatement Bonds (the "Bonds") in an amount not to exceed $18,200,000 and use the proceeds thereof for the Project. (e) The Abatement will be pledged to the payments of the Bonds. The proceeds of said Bonds shall be used to finance the Project. (f) The Abatement is authorized under Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Act"). 2. Findings for the Abatement. The City Council hereby makes the following findings: 11713951v1 (a) The Council expects the benefits to the City of the Abatement to at least © equal or exceed the costs to the City thereof. (b) Granting the Abatement is in the public interest because it will: (i) provide or help acquire or construct public facilities; and (ii) help provide access to services for residents of the political subdivision. (c) The Properties are not located in a tax increment financing district. (d) In any year, the total amount of property taxes abated by the City by this and other existing abatement resolutions, shall not exceed ten percent (10%) of net tax capacity of the City for the taxes payable year to which the abatement applies or $200,000, whichever is greater (the "Abatement Limit"). The City may grant other abatements permitted under the Act after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement Limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution. 3. Terms of Abatement. The Abatement is hereby approved. The terms of the Abatement are as follows: (a) The Abatement shall be for up to a twenty (20) year period, anticipated to commence for the taxes payable in the year 2020. The City reserves the right to modify © the commencement date, but the abatement period shall not exceed twenty (20) years. (b) The City will abate the City's share of property tax amount which the City receives from the Properties, not to exceed $18,200,000. u (c) The Abatement shall be subject to all the terms and limitations of the Act. 4. Public Hearing. The City held a public hearing with respect to the Project on the date hereof in accordance with the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"). The public hearing was held on this date, after notice was published and materials made available for public inspection at the office of the Administrator, all as required by the Act and the Code, at which public hearing all those appearing who desired to speak were heard and written comments were accepted. The motion for the adoption of the foregoing resolution was made by member Knight and duly seconded by member Holthus and, upon a vote being taken thereon after full discussion thereof, the following voted in favor thereof: Trude, Barthel, Holthus and Knight and the following voted against the same: Bukkila Whereupon said resolution was declared duly passed and adopted. 11713951v1 STATE OF MINNESOTA © ) SS COUNTY OF ANOKA ) E I, the undersigned, being the duly qualified and acting City Administrator of the City of Andover, Minnesota (the "City"), by reason of my office as City Administrator, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City, duly called and held on the date therein indicated, insofar as such minutes relate to property tax abatem �` WITNESS my hand this 71h day of May, 201 3 11713951v1 ,9C, T Y O P Parcels Within 1.5 Miles of NDOVE Andover Community Center Mnv aa x 1618TAV1STAVE FW. TA NC E- '1 W X10�� C7 g5 A^Jy N A S COON CREEKUR ANDOVER B�VD .. r 4 L.. t i - Legend a 1 Parcels within 314 Mile (1,643) 'I - Parcels within 1.5 Miles (4,032) I, I I 1.5 Mile Radius F 314 Mile Radius x Andover Community Center ... I--------- --� Parcels- �'� 0 1-1 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R039-19 A RESOLUTION SETTING THE ANNUAL INCOME LEVEL FOR SENIOR CITIZEN AND DISABLED INDIVIDUALS FOR DEFERRAL OF SPECIAL ASSESSMENTS AND SANITARY SEWER RATES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Annual Income Level for Special Senior Citizen Deferral of Special Assessments and Reduced Sanitary Sewer Rates Annual Income Level for Disabled Individuals of Special Assessments and Reduced Sanitary Sewer Rates $35,000.00 (Not to Exceed) $52,850.00 (Not to Exceed) Adopted by the City Council of the City of Andover this 71h day of May, 2019. CITY OF ANDOVER Attest: " i/ Jul' T vde — Mayor is elle Hartner —Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 038-19 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NOS. 18-33, KELSEY ROUND LAKE PARK TRAIL EXPANSION & 18-34, ANDOVER STATION NORTH TRAIL CONSTRUCTION. 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 Kelsey Round Lake Trail Park Expansion & Andover Station North Trail Construction, Projects 18-33 & 18-34; 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. Q MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 7th day of May, 2019, with Councilmembers Knight, Bukkila, Trude, Holthus, Barthel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST:14'/Aof, CS-C JYA441� Ju 'e rude -Mayor Mic elle Hartner — Deputy City Clerk lJ E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R037-19 A RESOLUTION DECLARING A DOG OWNED BY LORRI MONSTER, 1423 DELTA STREET, OGILVIE, MN AND BRETT MALLAM, 17729 EIDELWEISS STREET NW, ANDOVER, MN, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-1A-11. WHEREAS, a Pitbull named Gracie owned by Lorri Monster, 1423 Delta Street, Ogilvie, MN and Brett Mallam, 17729 Eidelweiss Street NW, Andover has been allowed to run at large; and WHEREAS, on October 10, 2018 in Kanabec County, said dog left its property and attacked a child causing injury and was deemed potentially dangerous; and WHEREAS, on March 27, 2019 in Andover, said dog left its property and attacked a man and his dog while walking in the street; and QWHEREAS, on March 28, 2019, said dog was turned over to Dover Kennel for the required 14-day quarantine period. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the reports, incidents and testimony at the hearing to hereby declare a Pitbull named Gracie owned by Lorri Monster, 1423 Delta Street, Ogilvie MN and Brett Mallam, 17729 Eidelweiss Street NW, Andover MN as a "dangerous dog" in the City of Andover pursuant to City Code Title 5, Chapter, 1 Section 5-1A-11. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Lorri Monster and Brett Mallam a copy of the resolution. Adopted by the City Council of the City of Andover this 16`" day of April, 2019. CITY OF ANDOVER Attest: lie Trude — Mayor Mic elle Harmer — Deputy City Clerk © EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 16, 2019 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at City Hall on April 16, 2019 at 7:00 P.M., for the purpose in part of calling for a public hearing on property tax abatements. The following members were present: Trude, Barthel, Bukkila, Holthus and Knight and the following were absent: None Member Knight introduced the following resolution and moved its adoption: RESOLUTION NO. R036-19 RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED PROPERTY TAX ABATEMENTS FOR THE COMMUNITY CENTER EXPANSION to PROJECT, AND THE ISSUANCE OF TAX ABATEMENT BONDS BE IT RESOLVED by the City Council (the "Council') of the City of Andover, Minnesota (the "City"), as follows: Recitals. (a) Pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815, as amended (the "Act"), the City may grant an abatement of all or a part of the taxes levied by the City on real property within its boundaries (the "Abatement") and issue general obligation bonds (the 'Bonds") to finance the Community Center Expansion Project (the "Project"); provided, however, that the City Council first holds a public hearing regarding the proposed Abatement. (b) The City proposes to issue the Bonds in connection with the financing of the Project and has determined to issue the Bonds as "qualified 501(c)(3) bonds" under the Code, and a public hearing and City Council approval of the issuance of the Bonds for the financing of the proposed Project is required under Section 147(f) of the Internal Revenue Code (the "Code"). 2. Hearing. In accordance with the Act and the Code, the City Council hereby calls for a public hearing on the consideration of the Abatement and the proposed issuance of the Bonds. The public hearing will be held at the time and place set forth in the Notice of Hearing attached © hereto as Exhibit A and hereby made a part hereof. I1672407vl © 3. Notice. The City Administrator is hereby authorized and directed to cause notice of said hearing in substantially the form attached hereto as Exhibit A to be given one publication in a newspaper of general circulation in the City at least 10 days but not more than 30 days before the hearing. The newspaper must be one of general interest and readership in the City, and the notice must be published at least once, with the property identification numbers filled -in according to the analysis provided by the City's municipal advisor, Ehlers & Associates. E E Councilmember Knight moved for the adoption of the foregoing resolution, and said motion was duly seconded by Councilmember Barthel, and upon a vote being taken thereon after full discussion thereof, the following voted in favor thereof: Trude, Barthel, Holthus and Knight and the following voted against the same: Bukkila, whereupon said resolution was declared duly passed and adopted. Adopted on April 16, 2019, by the Andover City Council. 116724070 © CITY ADMINISTRATOR'S CERTIFICATE 1 J u I, the undersigned, being the duly qualified and acting City Administrator of the City of Andover, Minnesota (the "City"), DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City, duly called and held on the date therein indicated, insofar as such minutes relate to the calling of a public hearing on a proposed property tax abatement. WITNESS my hand this 16" day of April, 2019. 9-1 11672407v1 © EXHIBIT A CITY OF ANDOVER NOTICE OF PUBLIC HEARING REGARDING PROPOSED PROPERTY TAX ABATEMENTS FOR THE COMMUNITY CENTER EXPANSION PROJECT, AND ISSUANCE OF TAX ABATEMENT BONDS NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota, will hold a public hearing at a meeting of the Council beginning at 7:00 P.M., or as soon thereafter as possible, on Tuesday, May 7, 2019, to be held at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota, on the proposal that the City abate property taxes levied by the City on the properties located between'/4 of a mile and 1.5 miles from the Andover Community Center, 15200 Hanson Boulevard NW, Andover Minnesota (Parcel #22-32-24-41-0003) with the exception of parcels contained within Tax Increment District 1-5 & 1-6 (Parcel 922-32-24-11-41, 34-32-24-11-0004, & 34-32-24-11-0005) and tax exempt parcels. Below is a map which identifies the location of the tax abatement properties. A list of the property identification numbers of the tax abatement properties are on file with the office of the City Clerk. The total amount of the taxes proposed to be abated by the City on the Property for up to a 20-year period is estimated to be not more than $18,200,000. The City proposes to issue General Obligation Tax Abatement Bonds (the 'Bonds") in an amount ® not to exceed $18,200,000 to finance the expansion of the Community Center, including the construction of additional athletic facilities, administrative offices and meeting rooms. The Community Center is located at 15200 Hanson Boulevard, in the City of Andover, is owned the City of Andover, and is used by various local sports associations, Minnesota nonprofit corporations, the Anoka -Hennepin School District, and the general public. A portion of the Community Center is leased to the YMCA of the Greater Twin Cities, a 501(c)(3) non-profit organization. E The public hearing is being held pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815, as amended, and pursuant to Section 147(f) of the Internal Revenue Code (the "Code") because the Bonds will be issued as "qualified 501(c)(3) bonds" under the Code. Copies of the resolution as proposed to be adopted will be on file and available for public inspection at the office of the City Administrator at City Hall. At the time and place fixed for the public hearing, the City Council will give all persons who appear at the May 7, 2019 public hearing an opportunity to express their views with respect to the proposal. In addition, interested persons may file written comments respecting the proposal with the City Administrator at or prior to the public hearing. 11672407vl BY ORDER OF THE CITY COUNCIL /s/ Jim Dickinson, City Administrator A-1 Parcels Within 1.5 Miles of Andover Community Center N a� d Legend Parcels within 3/4 Mile (1,643) Parcels within 1.5 Miles (4,032) 1.5 Mile Radius 3/4 Mile Radius Andover Community Center Parcels I" CA CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 035-19 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 17-26, ANDOVER YMCA COMMUNITY CENTER EXPANSION. WHEREAS, the City Council on the 15th day of January , 2019 , directed 292 Group to prepare final plans and specifications for Project No. 17-26 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of April 2019. 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 1:00 P.M. I Mav 14. 2019 at the Andover City Hall. MOTION seconded by Councilmember Holthus and adopted by the City Council at a regular meeting this 16th day of April 2019 , with Councilmembers Holthus, Trude, Knight, Barthel voting in favor of the resolution, and Councilmembers Bukkila voting against, whereupon said resolution was declared passed. ATTEST: MiclJelle Hartner — Deputy City Clerk CITY OF ANDOVER I Trude -Mayor ® CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R034-19 A RESOLUTION APPROVING THE SUBMITTAL OF THE ANDOVER COMPREHENSIVE PLAN TO THE METROPOLITAN COUNCIL WHEREAS, Minnesota Statutes section 473.864 requires each local governmental unit to review and, if necessary, amend its entire comprehensive plan and its fiscal devices and official controls at least once every ten years to ensure its comprehensive plan conforms to metropolitan system plans and ensure its fiscal devices and official controls do not conflict with the comprehensive plan or permit activities that conflict with metropolitan system plans; and WHEREAS, Minnesota Statutes sections 473.858 and 473.864 require local governmental units to complete their "decennial' reviews by December 31, 2018; and WHEREAS, the Metropolitan Council approved a submittal extension for the City of Andover until June 30. 2019: and WHEREAS, the City Council, Planning and Zoning Commission, and City staff have prepared a proposed Comprehensive Plan intended to meet the requirements of the Metropolitan Land Planning Act and Metropolitan Council guidelines and procedures; and © WHEREAS, pursuant to Minnesota Statutes section 473.858, the proposed Comprehensive Plan was submitted to adjacent governmental units and affected special districts and school districts for review and comment on January 28, 2019; and WHEREAS, the Planning and Zoning Commission has considered the proposed Comprehensive Plan and all public comments, and thereafter submitted its recommendations to the City Council; and WHEREAS, the Planning and Zoning Commission conducted a public hearing on March 26, 2019 relative to the adoption of the proposed Comprehensive Plan; and WHEREAS, the City Council has reviewed the proposed Comprehensive Plan and those recommendations, public comments, and comments from Anoka County Parks Department; and WHEREAS, Minnesota Statutes section 473.858 requires a local governmental unit to submit its proposed comprehensive plan to the Metropolitan Council following recommendation by the Planning and Zoning Commission and after consideration but before final approval by the governing body of the local governmental unit; and WHEREAS, based on its review of the proposed Comprehensive Plan, Planning and Zoning Commission, and staff recommendations, the City Council is ready to submit its proposed plan to the Metropolitan Council for review pursuant to Minnesota Statutes section 473.864. E NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA, AS FOLLOWS: 1. The City Planner is directed to distribute said Comprehensive Plan to the Metropolitan Council by June 30, 2019 pursuant to the approved submittal extension. Adopted by the City Council on April 16, 2019. Attest: 1 Mic Ile Hamner, City Clerk C� U Juli T ude, Mayor 11 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 033-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 18-39, LIFT STATION #10IMPROVEMENTS . WHEREAS, pursuant to Resolution No. 075-18 , adopted by the City Council on the 16th day of October , 2018 , Director of Public Works/City Engineer has prepared final plans and specifications for Project No. 18-39 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of April 2019. 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 2:00 p.m. I May 14, 2019 at the Andover City Hall. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 16th day of April 2019 , with Councilmembers Bukkila, Barthel, Trude, Holthus, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: 'Mic elle Hartner — Deputy City Clerk CITY OF ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032-19 MOTION by Council member Bukkila to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 19-2, 2019 STREET RECONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 022-19 dated March 5 , 2019, bids were received, opened and tabul5ted according to law with results of the three lowest bidders as follows: Contractor Total Bid Kuechle Underground, Inc. $1,318,937.85 Douglass -Kerr Underground, LLC $1,353,896.71 North Valley, Inc. $1,393,325.96 Engineer's Estimate $1,261,930.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Kuechle Underground, Inc. as being 0 the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Kuechle Underground, Inc. in the amount of $ 1,318,937.85 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 Barthel and adopted by the City Council at a regular meeting this 16tt' day of April , 2019, with Council members Bukkila, Barthel, Trude, Holthus Knight voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. r_T4rlr*1111 ffj'C&' 4-�' LL-1 Mid elle Hartner — Deputy City Clerk CITY OF ANDOVER AL4--&� J i Trude - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031-19 MOTION by Council member Bukkila to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 18-38, UNIVERSITY AVENUE NW RECONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 021-19 dated March 5 , 2019, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Contractor Total Bid North Valley, Inc. $1,085,750.61 Northwest Asphalt $1,143,739.50 Park Construction Co. $1,171,473.50 En ineeCs Estimate $1,117,283.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate North Valley, 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 North Valley, Inc. in the amount of $ 1,085,750.61 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 Barthel and adopted by the City Council at a regular meeting this 16th day of April , 2019 , with Council members Bukkila, Barthel, Trude, Fiolthus Knight voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: JLVrude - Mayor Mich Ile Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R030-19 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "CATCHER'S CREEK EAST" FOR PROPERTY LEGALLY DESCRIBED AS; Lot 5; the North 160 feet of Lot 6; the North 673.01 feet of Lot 8; and, Lot 9 Auditor's Subdivision No. 141, Anoka County, Minnesota. WHEREAS, Mark Smith has requested approval of a revised preliminary plat for Catcher's Creek East; 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 East with the following conditions: 1. Park and trail dedication as recommended by the Park and Recreation Commission at the December 7, 2017 meeting. 2. City of Andover staff comments dated March 22, 2019, 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. The Landscape Plan shall be approved by the Andover Natural Resources Technician prior to any grading of the site. 4. The applicant shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 5. 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. 6. One building permit may be issued for the proposed platted area, however no additional building permits will 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. In no case shall the building permit be for a proposed lot that is impacted by the floodplain. 7. Prior to final plat recording at Anoka County, a development agreement acceptable to the City Attorney must be executed by the Developer. 8. No utility work shall begin until a resolution on the construction process for the sewer and water extension has been determined. 9. Temporary cul-de-sac easement(s) shall be provided for 144' Ave and 144' LN. Separate documents shall be required for each temporary cul-de-sac easement to be recorded with the final plat. ® 10. A one hundred (100) foot trail easement along the north side of Coon Creek shall be shown on the preliminary plat which will be recorded as a separate easement document with the final plat. 11. Separate easement documents will be required for each proposed vehicle maintenance access to be recorded with the final plat. 12. Protection of the Burial Grounds shall be acceptable to the Minnesota Indian Affairs Council (MIAC) and State Archeologist. Adopted by the City Council of the City of Andover this 2"d day of April, 2019. CITY OF ANDOVER ATTEST: 4Mielle —Ha er, City Clerk Jul' T ude, Mayor L� E 2 © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R029-19 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "ESTATES OF CEDAR RIDGE" FOR PIN's 15-32-24-11-0002 AND 15-32-24-12-0001, PROPERTIES LEGALLY DESCRIBED AS: The North.'/2 of the Northeast'/4 of the Northeast'/4, except the Southerly 330 feet of the Easterly 660 feet together with the Northwest'/4 of the Northeast '/4 of Section 15, Township 32, Range 24, Anoka County, Minnesota WHEREAS, the property owner requested approval of a preliminary plat for Estates of Cedar Ridge; and WHEREAS, the property owner requested a 206-foot Variance to reduce the lot width at the front yard setback from 300-feet to 94-feet for Lot 5, Block 1; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission conducted a public hearing on said preliminary plat and variance; and © WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommended approval of the preliminary plat and the variance based on the variance review criteria for granting a variance under City Code 12-14-7 B and 13-5-9; and WHEREAS, City Council completed a review of the preliminary plat and variance, along with Planning and Zoning Commission recommendation; and WHEREAS, City Council approves the preliminary plat and the variance to reduce the required width at the front yard setback from 300 feet to 94 feet for Lot 5, Block 1; and WHEREAS, based on the criteria for granting a variance under City Code 12-14-713 and 13-5-9, City Council finds the following findings of fact to support the approval of the variance request: The property owner proposes to use the property in a reasonable manner not permitted by an official control. • Required lot widths at the public right-of-way is 50 feet. Each lot meets the required width at the right-of-way. Fifty (50) feet from the right-of-way the lot width is required to be 300 feet. The proposed lot width of 94 feet provides ample access and room to construct a home while still leaving enough of a buffer space between the neighboring properties. Once the street is extended to the south, the lot will meet the required lot © width at the front yard setback. The plight of the property owner is due to circumstances unique to the property not created by the landowner. © • The original 40-acre parcel is an existing lot of record, mostly encompassed by wetlands, and technically land locked prior to development. The property owner wants to develop the land; however, the existing lay out of the land(s) makes it challenging. • The property owner tried to purchase the property to the south to incorporate it into the development. There was interest; however, the southern property owner decided not to develop the land at this.time but.does have interest in the future. Once the property to the south is developed, a variance will not be needed for Lot 5, Block '1 The variance, if granted, will not alter the essential character of the locality and will not alter the rural residential character. • Lot size requirement in the rural residential district is 2.5 acres. Lot 5, Block 1 will be 24.5 acres. • The structure setback from neighboring properties will be a great enough distance to retain the rural character and will be buffered by the existing vegetation. • The lot and surrounding properties are heavily wooded. A minimal number oftrees would be removed for the construction of the new home; therefore, the rural woodsy feel of the area will remain. 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 Estates of Cedar Ridge and the Variance for Lot 5, Block 1 with the following conditions: 1. Park dedication as recommended by the Park and Recreation Commission at the November 20, 2018 meeting. 2. City of Andover Engineering staff comments dated February 13, 2019 shall be satisfactorily addressed prior to any grading of the site. The Andover Engineering Department will determine when all items have been addressed. 3. Lower Rum River Water Management Organization comments shall be satisfactorily addressed, and the permit has been issued prior to any grading of the site. 4. A 206400t variance is granted for Lot 5, Block 1 to decrease the lot width at the front yard setback from 300-feet to 94-feet. 5. Prior to final plat recording at Anoka County, a development agreement acceptable to the City Attorney must be executed by the Developer, along with temporary cul-de-sac easement and vehicle maintenance access documents. Adopted by the City Council of the City of Andover this 2"a day of April, 2019. ( I TTE, ( r J © Mi belle Harmer, City Clerk CITY OF ANDOVEER v JuItT,kude, Mayor 4 © City of Andover, Minnesota Resolution R028-19 I Adopting Post -Issuance Debt Compliance Policy for Tax-exempt and Tax - advantaged Governmental Bonds WHEREAS, the City of Andover, Minnesota (the "City") from time to time will issue tax- exempt and tax -advantaged governmental bonds; and WHEREAS, under the Internal Revenue Code of 1986, as amended and related regulations (the "Code"), and Securities and Exchange Commission (the "SEC') the City is required to take certain actions after bond issuance to ensure that interest on those bonds remains in compliance with the Code and SEC; and WHEREAS, the City has determined to adopt a policy regarding how the City will carry out its compliance responsibilities via written procedures, and to that end, has caused to be prepared documents titled Post -Issuance Debt Compliance Policy and Post -Issuance Debt Compliance Procedures; and WHEREAS, The City Council (the "Council') of the City has reviewed the Post -Issuance Debt Compliance Policy in connection with the Post -Issuance Debt Compliance Procedures and has determined that it is in the best interest of the City to adopt the Policy. ®' NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANDOVER, MINNESOTA; the City approves the Policy as shown in the form attached; and BE IT FURTHER RESOLVED; the City staff is authorized to take all actions necessary to carry out the Post -Issuance Debt Compliance Policy and Post -Issuance Debt Compliance Procedures. Adopted by the City of Andover, Minnesota this 2"d day of April 2019. ATTEST: - Micl elle Hartner, City Clerk uli Trude, Mayor I. J CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027-19 ,..i.&RESQLLJTIGN ESTABLISHING MUNICIAALtSTATEAIDLSTREETS: WHEREAS; if 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: MSAS 142: Jivaro Street NW/170'h Lane NW/Navajo Street NW/173rd Avenue NW from 1651hAvenue NW (County Road 158) to Roanoke Street NW.(CSAH 7). MSAS 148: Guarani Street NW/142nd Lane NW from Bunker Lake Boulevard NW (CSAH 116) to 71 Avenue NW (CSAH 7). .MSAS 149: Bluebird Street NW. from Hanson Boulevard NW (CSAH 78) to Crosstown Boulevard NW (MSAS 140). 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 21d day of Aril , 2019 . CITY OF ANDOVER oo ATTEST: J ie rude - Mayor Micl 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 April 2, 2019. Mictnelle'Hartner—DeputyClerk E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 026-19 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 116: 1671h Avenue NW from Wintergreen Street NW to Ward Lake Drive NW. • MSAS 142: Jivaro Street NW/1701h Avenue NW from 165th Avenue NW (County Road 158) to Roanoke Street NW (CSAH 7). 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. Adopted by the City Council of the City of Andover this 2t1 day of April 2019. ATTEST: ,J Michelle Hartner — Deputy City Clerk CITY OF ANDOVER Oozae uli Trude - Mayor 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 April 2, 2019. C Dihtell�ekartner — Deputy City Clerk E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 025-19 A RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON BOTH SIDES OF XEON STREET NW IN THE WINSLOW COVE 2ND ADDITION DEVELOPMENT THIS RESOLUTION passed this 2nd day of April 2019, by the City of Andover, Minnesota, Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City"; and WHEREAS, Xeon Street NW is designated as a Municipal State Aid Street; and ® WHEREAS, the State will require that parking be restricted along both sides when this section is reconstructed using MSA funds at some point in the future; and NOW, THEREFORE, BE IT RESOLVED, that the City shall restrict parking of motor vehicles in the area described as: Along Xeon Street NW in the Winslow Cove 2"d Addition development from 150th Lane NW to just south of 152"d Avenue NW. Adopted by the City Council of the City of Andover this 2"d day of April, 2019. ATTEST: Jul tyrude - Mayor Mic Ile Hartner — Deputy City Clerk O CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R024-19 A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR EXTENDING THE TIME OF REMOVAL OF SUBORDINATE CLASSROOM STRUCTURES ON PROPERTY LOCATED AT 13655 ROUND LAKE BLVD (PIN 32-32-24-42-0009), LEGALLY DESCRIBED AS: THAT PRT OF W 445.02 FT OF NWIA OF SETA OF SEC 32 TWP 32 RGE 24 LYG N OF N R/W LINE OF 136TH LN NW, EX RD, SUBJ TO EASE OF REC, Anoka County, Minnesota. WHEREAS, Grace Lutheran Church requested an interim use permit for the use of subordinate classroom structures with a four-year extension on the removal of the subordinate classroom structures, and; WHEREAS, the Planning and Zoning Commission held a public hearing on February 12, 2019; and, WHEREAS, the Planning and Zoning Commission finds the request: 1, Will not create an excess burden on parks, streets, and other public facilities; • The subordinate classrooms have been in place since 2006 with no issues being reported at this time. 2. Will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety, and general welfare; • The subordinate structures are inspected by the Fire Department every 2 or 3 years. A condition has been included on the resolution that will require an inspection by the building official. 3. Will not have a negative effect on the values of property and scenic views; • The subordinate classrooms have been in place since 2006 with bi-yearly safety inspections. • The applicant is not proposing to move or modify the subordinate classrooms. • Routine maintenance to the subordinate classrooms has been conducted since initially obtaining a permit to have them. 4. Will not impose additional unreasonable costs on the public; • The subordinate classrooms are the responsibility of the applicant and any costs associated with removal, and maintenance are the sole responsibility to the applicant. 5. Will be subjected to, by agreement with the owner, any conditions that the City Council has deemed appropriate for the permission of the use, including a condition that the owner may be required to provide appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the interim use permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the interim use permit to allow for extending the time for the removal of the subordinate classroom structures on property located at 13655 Round Lake Blvd with the following conditions: ® 1. The Interim Use Permit shall expire on December 31, 2023, at which time the temporary structures shall be removed. 2. Upon the issuance of the Interim Use Permit, the Andover Fire and Building Departments shall perform an inspection of the subordinate classroom structure. 3. If the subordinate classroom structures do not pass inspections by Andover Fire and Building Departments, the structures may shall be brought into compliance or the Interim Use Permit may be revoked. Adopted by the City Council of the City of Andover on this 51h day of March 2019. CITY OF ANDOVER qpet� ATTEST: 7 lie Trude, Mayor qy Michle Hariner, Deputy City Clerk l J n CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 023-19 MOTION by Council member Holthus to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 19-3, 2019 CRACK SEALING/19-4, 2019 SEAL COATING/19-5, PAVEMENT MARKINGS/19-7, 2019 TRAIL MAI NTENANCE/1 9-10,2019 PARKING LOT MAINTENANCE. WHEREAS, pursuant to the Joint Powers Agreement with Coon Rapids, bids were received, opened and tabulated according to law on March 17, 2019 at Coon Rapids City Hall with the low bidder results as follows: Allied Blacktop Co. AAA Striping Services 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 Co. and AAA Striping Services ® as being the apparent low bidders for their respected projects. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Allied Blacktop Co and AAA Striping Services in the amount of $_ $436,057.00 and $55 759.20 respectfully for construction of the improvements; and direct the City of Coon Rapids to proceed with the project as specified in the project specifications. MOTION seconded by Council member Knight and adopted by the City Council at a regular meeting this 2"d day of April 2019, with Council members Holthus, Knight, Trude, Barthel Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Juli rude - Mayor i Micl elle Hamner — Deputy City Clerk F] ta [a] CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 022-19 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 19-2, 2019 STREET RECONSTRUCTION. WHEREAS, pursuant to Resolution No. 008-19, adopted by the City Council on the 15TH day of January, 2019, the City Engineer has prepared final plans and specifications for Project No. 19-2. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 5th day of March. 2019. 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 am I April 9, 2019 at the Andover City Hall. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 5th day of March 2019, with Councilmembers Knight, Barthel, Trude, Holthus, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: 44 helle Hamner— Deputy City Clerk CITY OF ANDOVER �.. � elie TrudeMayor E C*1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 021-19 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 18-38, UNIVERSITY AVENUE NW RECONSTRUCTION. WHEREAS, pursuant to Resolution No. -19, adopted by the City Council on the 19th day of February , 2019 ,the City Engineer has prepared final plans and specifications for Project No. 18-38 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 5th day of March, 2019 . 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 11:00 am I April 9, 2019 at the Andover City Hall. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 5th day of March 2019, with Councilmembers Knight, Barthel Trude Holthus Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: *iTeAlle Hartner —Deputy City Clerk CITY OF ANDOVER J0 li Trude - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R020-19 A RESOLUTION APPROVING THE FINAL PLAT OF "WINSLOW COVE 2°d ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS; Winslow Cove Outlet A and Winslow Cove Outlet B WHEREAS, the City Council approved the preliminary plat for the project to be known as "Winslow Cove", dated April 3, 2018; and WHEREAS, the City Council approved the final plat of Winslow Cove, dated June 19, 2018; and WHEREAS, the developer presented a final plat of Winslow Cove 2°a Addition; and WHEREAS, the final plat follows the approved preliminary plat for Winslow Cove, dated April 3, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Winslow Cove 2°a Addition contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover January 11, 2019. 2. Development Contract and Assessment Agreement shall be executed prior to the filing of the final plat. 3. 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. 4. Recordable drainage and utility easement documents and exhibits must be reviewed and approved by the City Attorney prior to the recording of the final plat at Anoka County. 5. Recordable vehicle maintenance access easement documents and exhibits must be reviewed and approved by the City Attorney prior to the recording of the final plat at Anoka County. 6. Administration and Lennar shall negotiate the purchase of Block 3, Lot 5, for a potential trail underpass (under the railroad) to create a trail link to the eastern side of Andover. Negotiations shall be finalized prior to the recording of the final plat at Anoka County. 7. Contingent upon staff review and approval for compliance with the preliminary plat, City ordinances, policies and guidelines. Adopted by the City Council of the City of Andover this 191 day of February 2019. ATTEST: - CITY OF ANDOVER: 1 Miellelle Harmer, City Clerk J e rude, Mayor Es © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 019-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 18-38, UNIVERSITY AVENUE NW RECONSTRUCTION AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 004-19 of the City Council adopted on the 15t' day of January , 2019, 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 , 2019; 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 No. 18-38 MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 19th day of February 2019, with Councilmembers Bukkila, Knight, Trude, Holthus. Barthel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (�Zi li Trude - Mayor �il`t' ich Ile Hartner — Deputy City Clerk CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 018-19 MOTION by Council member Bukkila to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 18-37 VETERANS MEMORIAL BOULEVARD NW. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 001-19 dated January 2, 2019, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Designing Earth Contracting, Inc. $1,095,094.10 Kuechle Underground $1,141,014.86 Dressel Contracting, Inc. $1,155,401.04 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to Designing Earth Contracting Inc. as being the apparent low bidder. Q BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Designing Earth Contracting Inc. in the amount of $1,095,094.10 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 February , 2019 with Council members Bukkila, Knight, Trude, Holthus Barthel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: lie)Trude - Mayor Mich Ile Hartner-Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 017-19 MOTION by Councilmember Holthus to adopt the following: WHEREAS, the City of Andover supports the grant application made to the Minnesota Department of Natural Resources for the Federal Recreational Trail Program. The application is to construct about 200 feet of boardwalk in Dalske Woodlands Preserve, a forty -acre parcel located in Section 1, Township 32 Range 24 , and WHEREAS, the City of Andover recognizes that it has secured $25,000 in local cash matching funds for this project and must provide a twenty-five percent (25%) cash or in -kind match. NOW, THEREFORE, BE IT RESOLVED, if the City of Andover is awarded a grant by the Minnesota Department of Natural Resources, the City of Andover agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project. The City of Andover will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED that the applicant has read the Conflict of Interest Policy contained in the Trail Program Grant Manual and certifies it will report any actual, potential, perceived or organizational conflicts of interest upon discovery to the state related to the application or grant award. BE IT FURTHER RESOLVED, the City Council of the City of Andover names the fiscal agent for the City of Andover for this project as: Jim Dickinson City Administrator/Finance Director City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 BE IT FURTHER RESOLVED, the City of Andover hereby assures the Dalske Woodlands Preserve Boardwalk will be maintained for a period of no less than 20 years. Adopted by the City Council of the City of Andover this 5th day of February , 2019. CITY OF ANDOVER ATTEST:i�- J ie rude —Mayor Mic Ile Hartner — Deputy City Clerk H ►_J ❑a CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 016-19 MOTION by Council member Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR IMPROVEMENT OF PROJECT NO. 17-27, PUBLIC WORKS MAINTENANCE FACILITY, COLD STORAGE BUILDING & SITE WORK WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 090-18 dated December 4, 2018, bids were received, opened and tabulated according to law with results of the lowest bidder identified on RJM Construction recommendation letter "City of Andover Public Works Vehicle Maintenance Facility, Cold Storage and Sitework Recommendations for Award of Contract — Bid Package #1 ". See Exhibit A attached hereto and made a part hereof. A bid tabulation and complete bid results are on file with the Andover Engineering Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as indicate by RJM Construction as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with contractors and at a cost identified on Exhibit A, letter from RJM Construction referred to as "City of Andover Public Works Vehicle Maintenance Facility, Cold Storage and Sitework Recommendations for Award of Contract — Bid Package #1" dated January 28, 2019. MOTION seconded by Council member Bukkila and adopted by the City Council at a regular meeting this 5th day of February 209 , with Council members Knight, Bukkila, Barthel, Trude Holthus voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: MiOelle artner —Deputy City Clerk CITY OF ANDOVER J ie Trude - Mayor CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES NO. R015-19 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A MINI STORAGE FACILITY (INDOOR STORAGE ONLY) LOCATED AT 13535 GROUSE STREET NW, PIN 34-32-24-41-0014, LEGALLY DESCRIBED AS: THAT PRT OF LOT 14 WATTS GARDEN ACRES LYG ELY OF ELY LINE OF PARCEL 2 CITY OF ANDOVER HWY R/W PLAT NO 3 & LYG ELY & NLY OF ELY & NLY LINES OF PARCEL 3 SD CITY OF ANDOVER HWY R/W PLAT NO 3, SUBJ TOEASE OF REC, ANDOVER MINNESOTA WHEREAS, the applicant has requested a conditional use permit for a mini storage facility (indoor storage only) at 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 a mini storage facility (indoor storage only) at 13535 Grouse Street NW, subject to the following conditions: 1. Commercial Site Plan review must be approved, all city staff comments addressed, and a building permit issued prior to construction. 2. Construction materials must be similar to the new building construction in the industrial district, in close proximity to the proposed site. 3. Construction must comply with current building and fire codes. 4. Commercial Site Plan must be submitted to the Coon Creek Watershed District and required permits obtained prior to construction. S. No exterior storage is allowed on the site. Adopted by the City Council of the City of Andover on this 5th day of February 2019. CITY OF ANDOVER may, © ATTEST: - lie rude, Mayor �W-II 1V� Mic elleYHaner, Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R014-19 A RESOLUTION GRANTING THE VACATION OF DRAINAGE AND UTILITY EASEMENT AT 2384 151st AVENUE NW, LOT 1, BLOCK 4, WOODLAND ESTATES SECOND ADDITION, PIN 22-32-24-32-0027, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: That part of the Drainage and Utility Easement as depicted in the recorded plat of Woodland Estates Second Addition, Anoka County, Minnesota described as follows: The North 5.00 feet of the South 10.00 feet of Lot 1, Block 4, Woodland Estates Second Addition. Except the West 5.00 feet and the East 10.00 feet of said Lot 1. WHEREAS, the property owner has requested to vacate the described 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. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of drainage and utility easement subject to the following: 1. The vacation of easement shall be recorded at Anoka County. Adopted by the City Council of the City of Andover on this 5th day of February 2019. ATTEST CITY OF ANDOVER Mic ielle Hartner, Deputy City Clerk J ie rude, Mayor EXHIBIT A 151 ST AVENUE NW 0 M M I r0 ------------ & O i I I i i Drainage, Utility Easement1 per pot of WOODLAND ESTATES SECOND ADDITION j 5 110 30 I _ 30 � O I rn1 0 I F I North line of the South 10.00 feet _ D of Lot 1, Block 4, WOODLAND �t j ESTATES SECOND .ADDITION I South line of the North 5.00—\ f feet of the South 10.00 feet 1 ' of Lot 1, Block 4, WOODLAND ESTATES SECOND ADDITION i 51in I t ' Property Owner: Kevin & Tara Koschak PIN# 22-32-24-32-0027 10 DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED: That part of the Drainage and Utility Easement as depicted in the recorded plat of WOODLAND ESTATES SECOND ADDITION, Anoka County, Minnesota described as follows: The North 5.00 feet of the South 10.00 feet of Lot 1, Block 4, WOODLAND ESTATES SECOND ADDITION. Except the West 5.00 feet and the East 10.00 feet of said Lot 1. Area of dralnage dt utility easement to 'be vacated = 425 sq. fL or 0.010 acres I 0 <C I 30 30 ®Denotes Drainage & Utility Easement to be Vacated I hereby certify that this survey, plan or report was prepared by me asams: or under my direct supervision and that I am a duly Licensed BRP �■ Professional Land Surveyor under the laws of the State of Minnesota. Mss Hakanson Anderst W1 En&sw and Lana Sun affn Pemdn MN is msc #d. 4913e SRP m � Ae *w ' 1°s°a yea-az�-saro cu �a�-4zr-r :\md.smv\Lane oeski a Zoos\aass.al\a«z\a3es.ar.aw9 Easement Vacation Exhibitl 5"" 1 for the or Kevin & Tara Koschak 1 Resolution Reauthorizing Membership in the 4MFund Res. No. R013-19 WHEREAS, Minnesota Statutes (the Joint Powers Act) provides that governmental units may jointly exercise any power common to the contracting parties; and WHEREAS, the Minnesota Municipal Money Market Fund (the 4M Fund) was formed in 1987, pursuant to the Joint Powers Act and in accordance with Minnesota Investment Statutes, by the adoption of ajoint powers agreement in the form of a Declaration of Trust; and WHEREAS, the Declaration of Trust, which has been presented to this Council, authorizes municipalities of the State of Minnesota to become Participants of the Fund and make use from time to time including the 4M Liquid Asset Fund, the 4M Plus Fund, the Term Series, the Fixed Rate Programs, and other Fund services offered by the Fund; and WHEREAS, this Council deems it to be in the best interest for the municipality to make use of, from time to time, the approved services provided by the 4M Fund's service providers including the Investment Advisor (Prudent Man Advisors, Inc.) or Sub -Advisor (RBC Global Asset Management (U.S.) Inc.), the Administrator (PMA Financial Network, Inc.), the Distributor (PMA Securities, Inc.) or the Fixed Rate Program Providers, PMA Financial Network, Inc. and PMA Securities, Inc., and the Custodian, U.S. Bank National Association, ("Service Providers") and/or their successors. WHEREAS, this Council deems it advisable for this municipality to enter into the Declaration of Trust and become a Participant of the Fund for the purpose ofjoint investment with other municipalities so as to enhance the investment earnings accruing to each; now, therefore BE IT RESOLVED AS FOLLOWS: Section 1. This municipality shall renew its membership as a Participant of the Fund and adopt and enter into the Q Declaration of Trust, a copy of which shall be filed in the minutes of this meeting. The appropriate officials are hereby authorized to execute those documents necessary to effectuate entry into the Declaration of Trust and the participation of all Fund programs. Section 2. This municipality is authorized to invest monies from time to time and to withdraw such monies from time to time in accordance with the provisions of the Declaration of Trust. The following officers of the municipality or their successors are designated as "Authorized OfFtcJs" with authority to effectuate investments and withdrawals in accordance with the Declaration of Trust: James Dickinson City Administrator Lee Brezinka Finance Manager Melissa Knutson Accountant (Additional names may be added on a separate list. The treasurer shall advise the Fund of any changes in Authorized Officials in accordance with Fund procedures.) Section 3. The Trustees of the Fund are designated as having official custody of those monies invested in accordance with the Declaration of Trust. Section 4. That the municipality may open depository and other accounts, enter into wire transfer agreements, safekeeping agreements, third party surety agreements securing deposits, collateral agreements, letters of credit, lockbox agreements, or other applicable or related documents with institutions participating in Fund programs © including U.S. Bank National Association, or its successor, or programs of PMA Financial Network, Inc. or PMA Securities, Inc. for the purpose of transaction clearing and safekeeping, or the purchase of certificates of deposit ("CDs") or other deposit products and that these institutions shall be deemed eligible depositories for the © municipality. PMA Financial Network, Inc. and PMA Securities, Inc. and their successors are authorized to act on behalf of this municipality as its agent with respect to such accounts and agreements. Monies of this entity may be deposited in such depositories, from time to time in the discretion of the Authorized Officials, pursuant to the Fund's Programs available through its Services Providers. It is hereby certified that the Council of the City of Andover adopted this Resolution at a duly convened meeting of the Council held on the 511 day of February, 2019, and that such Resolution is in full force and effect on this date, and that such Resolution has not been modified, amended, or rescinded since its adoption. Secrets y to the Council Dated: C:? • b . / 1 x E 2 E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 012-19 A RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON BOTH SIDES OF VETERANS MEMORIAL BOULEVARD NW BETWEEN NIGHTINGALE STREET NW AND TOWER DRIVE NW. THIS RESOLUTION passed this 5th day of February 2019, by the City of Andover, Minnesota, Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City'; and WHEREAS, Veteran's Memorial Boulevard NW is designated as a Municipal State Aid Highway; and © WHEREAS, the State will require that parking be restricted along both sides this section since Municipal State Aid funds will be utilized in the construction of Veteran's Memorial Boulevard NW; and NOW, THEREFORE, BE IT RESOLVED, that the City shall restrict parking of motor vehicles in the area described as: Along Veteran's Memorial Boulevard NW between Nightingale Street NW and Tower Drive NW in the City of Andover. Adopted by the City Council of the City of Andover this 5th day of February 2019. ATTEST: 611)m u44*-� Miclielle Hartner - Deputy City Clerk C01 li Trude - Mayor CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 011-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION ORDERING ASSESSMENT ROLL AND ADOPTING ASSESSMENT ROLL FOR PROJECT NO. 18-52, 2128/2130 —140TH LANE NW. WHEREAS, the property owner has waived their right to a public hearing (assessment hearing) as approved at the January 15, 2019 City Council Meeting. 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 assessments shall be payable in equal annual installments extending over a period of 8 years, the first of the installments to be payable on or before the first Monday in January 2020 and shall bear interest at the rate of 5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2027. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year in which such prepayment is made. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 5t^ day of February 2019, with Councilmembers, Holthus, Knight, Trude, Barthel Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: l�LrilCk� Trude - Mayor Michelle Hartner — Deputy City Clerk 101 H C CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R010-19 A RESOLUTION GRANTING THE VACATION OF ROADWAY EASEMENT GRANTED TO THE CITY OF ANDOVER PER DOCUMENT NO. 387111, LEGALLY DESCRIBED IN EXHIBIT A AND SHOWN ON EXHIBIT B. WHEREAS, the property owner has requested to vacate the described roadway 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. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the roadway easement subject to the following: 1. The vacation of easement shall be recorded at Anoka County. 2. Contingent upon re-establishment of Drainage, Utility and Roadway Easement being recorded. Adopted by the City Council of the City of Andover on this 15th day of January 2019. AT�T^ES, T _/ �a Mic elle Hier, Deputy City Clerk CITY OF ANDOVER r' Jule ude, Mayor © EXIIIBrr A EXISTING ROAD EASEMENT VACATION DESCRIPTION: That part of the road easement granted to the Township of Ramsey per Doc. No. 387111 over Government Lots 5 and 6, Section 12, Township 32, Range 25, Anoka County, Minnesota, which lies Westerly of the following described line and its extensions: Commencing at the Southeast comer of said Government Lot 5; thence North 90 degrees 00 minutes 00 seconds West, assumed bearing along the South line of said Government Lot 5, a distance of 343.97 feet; thence North 00 degrees 00 minutes 00 seconds East, at right angles, a distance of 1200.00 feet; thence North 90 degrees 00 minutes 00 seconds West, at right angles, a distance of 33.00 feet; thence North 00 degrees 00 minutes 00 seconds East, at right angles, a distance of 10.00 feet; thence North 21 degrees 29 minutes 17 seconds East, a distance of 130.76 feet to the intersection with the centerline of 167th Avenue NW per Doc. No. 387111; thence North 89 degrees 56 minutes 08 seconds West, along said centerline of 167th Avenue NW, a distance of 590.67 feet to the point of beginning of the line to be described; thence North 00 degrees 00 minutes 00 seconds East 267.66 feet and said line there terminating. And which lies Northwesterly of the following described line and its extensions: Commencing at said Southeast corner of Government Lot 5; thence North 90 degrees 00 minutes 00 seconds West, assumed bearing along said South line of said Govemment Lot 5, a distance of 376.97 feet; thence North 00 degrees 00 minutes 00 seconds East, at right angles, a distance of 787.28 feet; thence North 56 degrees 55 minutes 20 seconds West, a distance of 448.51 feet; thence Northwesterly a distance © of 194.40 feet along the centerline of Manitou Boulevard NW per Doc. No. 387111, being a non - tangential curve concave to the Northeast, having a radius of 1237.62 feet and a central angle of 9 degrees 00 minutes 00 seconds; thence North 47 degrees 55 minutes 20 seconds West, along said centerline of Manitou Boulevard NW and tangent to the last described curve, a distance of 121.76 feet; thence Northwesterly a distance of 10.64 feet along said centerline of Manitou Boulevard NW, being a tangential curve concave to the East, having a radius of 57.56 feet and a central angle of 10 degrees 35 minutes 22 seconds to the point of beginning of the line to be described; thence South 48 degrees 44 minutes 58 seconds West, a distance of 665 feet, more or less, to the intersection with the shore of the Rum River and said line there terminating. And which lies Westerly, Northwesterly, and Northerly of the following described line and its extensions: Commencing at said Southeast corner of Government Lot 5; thence North 90 degrees 00 minutes 00 seconds West, assumed bearing along said South line of Government Lot 5, a distance of 376.97 feet; thence North 00 degrees 00 minutes 00 seconds East, at right angles, a distance of 787.28 feet; thence North 56 degrees 55 minutes 20 seconds West, a distance of 448.51 feet; thence Northwesterly a distance of 194.40 feet along the centerline of Manitou Boulevard NW per Doc. No. 387111, being a non - tangential curve concave to the Northeast, having a radius of 1237.62 feet and a central angle of 9 degrees 00 minutes 00 seconds; thence North 47 degrees 55 minutes 20 seconds West, along said centerline of Manitou Boulevard NW and tangent to the last described curve, a distance of 121.76 feet to the point of beginning of the line to be described; thence Northwesterly a distance of 138.62 feet along said centerline of Manitou Boulevard NW and the centerline of 167th Avenue NW per Doc. No. 387111, being a tangential curve concave to the East, having a radius of 57.56 feet and a central angle of 137 degrees 59 minutes 12 seconds; thence South 89 degrees 56 minutes 08 seconds East, along said centerline of 167th © Avenue NW and tangent to the last described curve, a distance of 629.36 feet and said line there terminating. uoszaPuy� a 29 s ETa'$ '7 ..—, - UOSUMIUH 319T�"x3 IIo-[33exaaaa A-vamass 3 8 xomw .. •.=.:`, 3d I ub \ I set i I 1 - l4?, _I• ' �� r_• 1 �, � , _ &5 l\) it qF \: I • FIT }N1S N0O21IJ � a..3 0 � z Sm 7 a \`I SdIF ,I •i%:.✓F 917i-ate aw & ll�1 _�apOt / ggapy _�.>J, _— -ter•' ' � �$.Hxp.�_.. r.':��'-' i ��.A^v4`. ` � ui� �',F. P. 9�� /i �\ ////. �@�a yQ I11`ly ;S 11. i �•i ,�j$ i I dbt I Ill / 1 I� 1 I' r%%%-�' _ k •/ I11111/•'/I $ r, it fir. l - 5'�•% ..y �/ u n ,!` '�I1 / � • �_- ______ �` e; r4/'iq/SINn,�I a iu Ir/l €:7% 'rr % I 1 i r' ' '\"���''- $_• o 4l iilryilu'IV nl •rII� I /ii! LI]{ L I ` =r ''—` I`_'1 -- \'��,, 1`;°1 li•'``'i. '„' I I.,1'1 �I II I 1y�Ywlfdl • , \ �\ _ I I / _ ,''t�' i � r j ; I II 6 i rim / _ ,'' i•' `_ I I % i /�// n'l;'1-�., %�1,�� i �I I r —Jr \ 1 I I lS \I r I i ' �ij i�i,r/,j IIII •tlAl$/E/ \'I _ I u' _� % 1 • I � �r A l III 1 I per! `I'\ 1 "� � `I I i' '� i iijf�'-ai. • III I III ` I I ,1 � % � 1 z r 6 .Teoel 8 �� © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R009-19 A RESOLUTION GRANTING THE VACATION OF STORM SEWER AND PONDING EASEMENT GRANTED TO THE CITY OF ANDOVER PER DOCUMENT NO. 886700 OVER GOVERNMENT LOT 6, SECTION 12, TOWNSHIP 32, RANGE 25, ANOKA COUNTY, MINNESOTA, WHICH LIES WESTERLY OF THE FOLLOWING DESCRIBED LINE AND ITS EXTENSIONS, AS SHOWN ON EXHIBIT A Commencing at the Southeast corner of Government Lot 5, said Section 12; thence North 90 degrees 00 minutes 00 seconds West, assumed bearing along the South line of said Government Lot 5, a distance of 343.97 feet; thence North 00 degrees 00 minutes 00 seconds East, at right angles, a distance of 1200.00 feet; thence North 90 degrees 00 minutes 00 seconds West, at right angles, a distance of 33.00 feet; thence North 00 degrees 00 minutes 00 seconds East, at right angles, a distance of 10.00 feet; thence North 21 degrees 29 minutes 17 seconds East, a distance of 130.76 feet to the intersection with the centerline of 167th Avenue NW per Doc. No. 387111; thence continue North 21 degrees 29 minutes 17 seconds East, a distance of 49.26 feet; thence North 00 degrees 00 minutes 00 seconds East, a distance of 963.08 feet; thence North 90 degrees 00 minutes 00 seconds West, at right angles, a distance of 233.00 feet to the point of beginning of the line to be described; thence South 00 degrees 00 minutes 00 seconds East, at right angles, a distance of 740.59 feet and said line there terminating. WHEREAS, the property owner has requested to vacate the described storm sewer and ponding © 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. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the storm sewer and ponding easement subject to the following: 1. The vacation of easement shall be recorded at Anoka County. 2. Contingent upon re-establishment of Drainage and Utility Easement being recorded that encompasses the entire floodplain on the properties. Adopted by the City Council of the City of Andover on this 15th day of January 2019. ATTEST _ CITY OF ANDOVER Mi elle Harmer, Deputy City Clerk Juli r de, Mayor E o�u�i ao Po'mv Alµ m.e`�rmd.l 17 —'°anw1o9'1 »ooS..u:° .Rm°. ,.....1 ,yh, m,i-...Im...I 1-1 M, ..° -1 a. — NOTES pq.w u�vpw m.M m. ww m �mM s� el zW� r a `¢ IN < m /N w O '/� CZ LSGENDD LU V, C o6na,uxYX4i w ,I IIII \r ------- ¢ �. fit �. `\•. i -` _'�•_ pryyry�` 1 \\w. `.010`'.�J;;.````;.; I IY4��411 ♦ . y Ilyy1\ l \6 ` `1 ♦\"t � g, \ 11 II/ __v=_ '' II II IIIII / ' __ �'XBBy}RylE+,pv f_ TWi] IC II 111\\ l I 1.•`���"�` �`; ``-`__'p' ``l III 11�1111�1 ` --Z _F , 1 ` RUM RlIER qma G iI lV Me o.�i u rn 9 � w a o j i 1 d M p a m 1 � w 0 `J E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 008-19 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 19-2, 2019 STREET RECONSTRUCTION AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 092-18 of the City Council adopted on the 4th day of December , 2018, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 15th day of January , 2019; 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 No. 19-2 . MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 15th day of January , 2019, with Councilmembers Knight, Bukkila, Trude, Barthel, Holthus 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 J ulfe 1rude - Mayor '. E N S CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R007-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE INDOOR YOUTH SOCCER PROGRAM AT THE ANDOVER COMMUNITY CENTER. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $500.00 contribution from North Metro Soccer Association is to be used towards the Andover Community Center Indoor Soccer Program. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Andover Community Center Indoor Youth Soccer Program. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 15th day of January, 2019 with Councilmembers Trude, Bukkila, Barthel, Knight and Holthus voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: t Mi helle Hartner - Deputy City Clerk CITY OF ANDOVER J i Trude - Mayor CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 006-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT & WAIVING PUBLIC HEARING FOR WATER MAIN , FOR PROJECT NO. 18-52. 2128/2130 — 140th LANE NW. WHEREAS, the City Engineer has found the water connection to be feasible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to approve the feasibility report and waive public hearing. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 15th day of January , 2019, with Councilmembers Bukkila, Knight, Trude, Holthus, Barthel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Micl elle Hartner — Deputy City Clerk u CITY OF ANDOVER us J lie rude - Mayor C=] E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 005-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING A 35 MPH SPEED LIMIT ALONG 168TH AVENUE NW BETWEEN COUNTY STATE AID HIGHWAY 9 (ROUND LAKE BOULEVARD NW) AND COUNTY ROUND 59 (VERDIN STREET NW). WHEREAS, this section of 168th Lane NW meets the definition of a Rural Residential District as defined in MN Statue 169.14 which allows the road authority to post this section of street as 35 MPH; and WHEREAS, the 35 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 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby approve the 35 MPH speed limit be posted along 168th Avenue NW between County State Aid Highway 9 (Round Lake Boulevard NW) and County Road 9 (Verdin Street NW). MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 15th day of January, 2019, with Councilmember's Bukkila, Knight, Barthel, Trude, Holthus voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ju `e Trude - Mayor Q � � Mic elle Hartner - Deputy City Clerk E E E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 004-19 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR PROJECT NO. 18-38, UNIVERSITY AVENUE NW RECONSTRUCTION . WHEREAS, pursuant to Resolution No. 093-18, adopted the 4th day of December , 2018 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 2019; and WHEREAS, such reports declared the proposed assessments to be feasible for an estimated total project cost of $665,035.00 (City of Andover portion). 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. 18-38 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 $665,035.00 (City of Andover portion). 3. A public hearing shall be held on such proposed improvement on the 19th day of February, 2019 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 15th day of January 2019, with Councilmembers Bukkila, Knight, Barthel, Trude, Holthus voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER li Trude - Mayor ici elle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R003-19 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 2019 are the Andover office of Wells Fargo Bank Minnesota, N.A. and the Andover office of US 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 (4M); Premier Bank of Andover (includes Maplewood, Rochester & Farmington charters); Northland Securities; Comerica Securities Inc.; and Raymond James be designated as additional depositories for 2019 for investment and cash management purposes only. BE IT STILL FURTHER RESOLVED that the City Administrator or Finance Manager of the City of Andover are 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 2nd day of January 2019. CITY OF ANDOVER ATTEST: c Jule Trude - Mayor 4M&clle Hartner —Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R002-19 A RESOLUTION DESIGNATING CITY OF ANDOVER 2019 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 111h and May 10' for 2019. The clerk shall give published and posted notice of the meeting at least ten days before the date of the meeting; and WHEREAS, the City of Andover will hold a 2019 Board of Appeal and Equalization hearing at the Andover City Hall for properties within the City of Andover; and QWHEREAS, the City of Andover City Council desires to designate the members for the City of Andover Board of Appeal and Equalization for 2019; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's 2019 Board of Appeal and Equalization contains the following voting members: Mayor Julie Trude Councilmember Sheri Bukkila Councilmember Jamie Barthel Councilmember Valerie Holthus Councilmember Mike Knight City Administrator/City Clerk Jim Dickinson - Alternate Adopted by the Andover City Council on the 2"a day of January 2019. CITY OF ANDOVER ATTEST: ul' Trude - Mayor 10 U-)"4 Mic elle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 001-19 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 18-37, VETERANS MEMORIAL BOULEVARD NW. WHEREAS, pursuant to Resolution No. 094-18 , adopted by the City Council on the 4th -day of December—, 2018, WSB & Associates have prepared final plans and specifications for Project No. 18-37 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 2nd day of January 2019. 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 am February 7, 2019 at the Andover City Hall. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 2"d day of January 2019 ,"with Councilmembers Holthus, Bukkila, Trude, Knight Barthel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J lie Trude - Mayor Mic elle Hartner — &eutyity Clerk