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2020
© a 2020 Resolutions Res. # Subject Date Recorded Number 001-20 Designate City of Andover 2020 Board of Appeal & Equalization 01/07/20 002-20 Designate depositories of City funds & supplemental depositories for investment purposes only 01/07/20 003-20 Approve plans & s ecs/20-11/Andover Station North ball field/lighting 01/21/20 004-20 Approve change order #1/18-37/Veterans Memorial Blvd. construction 01/21/20 005-20 Approve change order #3/18-39/Lift Station #10 improvements 01/21/20 006-20 Order im rovement/20-2/2020 street reconstruction 01/21/20 007-20 1 Order im rovement/20-14/2020 mill & overlay/Jay St. 01/21/20 008-20 Order im rovement/20-15/2020 mill & overlay/Martin St. 01/21/20 009-20 Order im rovement/20-16/2020 mill & overlay/Woodland Estates I" and 2"d additions 01/21/20 010-20 Sale of General Obligation Equipment Certificates/Series 2020A 01/21/20 011-20 Revoke municipal state aid streets 02/04/20 012-20 Establish municipal state aid streets 02/04/20 013-20 Approve plans& s ecs/19-19,18-33 and 18-34 02/04/20 014-20 Appoint election judges/March 31d Presidential Nomination Prim 02/04/20 015-20 Approve final plans ands ecs/20-2 2020 street reconstruction 02/18/20 016-20 1 Approve final plans ands ecs/20-14, 20-15, & 20-16 mill and overlay 02/18/20 017-20 Accept bids/20-11 Andover Station North ball field ligluing 02/18/20 018-20 Sales of bonds 02/18/20 019-20 Approve CUP/13735 Round Lake Blvd./Liquor sales 02/18/20 2/24/20 2252850. 002 020-20 Declare abatement of exterior stora e/2143 140' Lane 02/18/20 021-20 Accept bids/I8-33,18-34 and 19-19 03/02/20 022-20 Amend R015-20/20-2 2020 street reconstruction 03/02/20 023-20 Amend R016-20/ ro'ects 20-14, 20-15 & 20-16 03/02/20 024-20 Resolution supporting infrastructure accountability 03/02/20 025-20 Vacation of easement/851 138d' Ave. 03/02/20 4/2/20 2256505. 007 026-20 1 Accept resignation/declare a councihnember vacant 03/02/20 027-20 Grant vacation of easement/34-32-24-41-0018 03/17/20 028-20 Approve registered land surve /13535 Grouse St. & 34-32-24-41-0014 03/17/20 029-20 Approve land transfer between The City of Andover and T-S uared Storage 03/17/20 030-20 Grant vacation of easement/25-32-24-41-0003, 25-32-24-41-0004, 25-32-24-41-0010 & 25-32-24-41-0011 03/17/20 031-20 Approve finalplat/Catcher's Creek East 03/17/20 032-20 Grant vacation of easement/14328 & 14329 Butternut St. 03/17/20 033-20 Grant vacation of easement/14328 & 14329 Butternut St. 03/17/20 034-20 1 Final lat/Shadowbrook North 03/17/20 035-20 Declaration of emer enc /Coronavirus Disease 2019 COVID 19 03/17/20 036-20 Accept bids/projects 20-03, 20-05 20-10/reject bids/projects 20-04, 20-07 & 20-10 04/07/20 037-20 Accept bids/projects 20-02 & 20-08 04/07/20 038-20 Accept bids/projects 20-14, 20-15 & 20-16 1 04/07/20 039-20 Final platfVillas at Crosstown Woods 2nd Addition 04/07/20 © a 2020 Resolutions 040-20 Set annual income level/senior citizen & disabled individuals/deferral of special assessments & sanitary sewer rates 04/07/20 041-20 Extend declaration of emergency for the City of Andover/Coronavirus 2019 04/07/20 042-20 Approve extension reliminplat/Catcher's Creek West 04/21/20 043-20 Order assessment roll/20-33/3522 142"d Ave./water main 05/19/20 044-20 Order im rovement/20-18/Prairie Knoll Park north parking lot 05/19/20 045-20 Implement Municipal State Aid Street Project s /2020 05/19/20 046-20 Approving State of MN Joint Powers Agreement/CityAgreement/City of Andover on behalf of its City Attorney & Police Department 05/19/20 047-20 1 Adopt assessment roll/20-33/3522 142"" Ave. 06/02/20 048-20 Accept donation/improvements to Timber River Park shelters/Legacyshelters/Legacy Restoration 07/07/20 049-20 Appoint election judges for the August 11 2020 Primary Election 07/07/20 050-20 Land transfer/City and T-S uared Stora e/12-32-24-41-0014 07/07/20 051-20 No parking/Wintergreen St./Country Oaks North 41, Addition 07/21/20 052-20 Finalplat/Catcher's Creek West 07/21/20 053-20 Approve fmal plans & s ecs/20-17/Public Works pavement reconstruction 08/04/20 054-20 Approve change order #1/20-3/2020 crack sealing 08/04/20 055-20 Declare dangerous do Jamie Ganaware/13934 Ivywood St. 08/04/20 056-20 Grant vacation of easement/16523 Orchid St. and 3290 165'' Lane 08/04/20 8/31/20 2276178. 001 057-20 Acce t contribution/Fire Department 08/18/20 058-20 Grant IUP/mining and land reclamation/17-32-24-21-0002, 17-32-24-12-0004 & 17-32-24-12-0002 08/18/20 059-20 Declare costs/20-14/2020 mill & overlay/Jay St. 09/01/20 060-20 Declare costs/20-15/2020 mill & overlay/Martin St. 09/01/20 061-20 Declare costs/20-16/2020 mill & overlay/Woodland Estates I" & 2"' Additions 09/01/20 062-20 Accept bids/20-17/Public Works pavement reconstruction 09/01/20 063-20 Accept contribution/CenterPoint Energy/Fire Dept. 09/01/20 064-20 Accept CARES Act Grant funding for elections 09/01/20 065-20 1 Grant vacation of easement/3290 165' Lane & 16523 Orchid St. 09/01/20 066-20 Approve CUP/Meadows at Petersen Farms 09/01/20 067-20 Preliminary plat/Meadows at Petersen Farms 09/01/20 068-20 Public hearing/project 20-14/2020 mill & overlay/Jay St. 09/15/20 069-20 Public hearing/project 20-15/2020 mill & overlay/Martin St. 09/15/20 070-20 Public hearing/project 20-16/2020 mill & overlay/Woodland Estates Is' & 2"' Additions 09/15/20 071-20 Declare costs/prepare assessment roll/project 20-02/2020 street reconstruction 09/15/20 072-20 Approve submittal/Andover Comprehensive Plan to the Metropolitan Council 09/15/20 073-20 1 Updating certified bonded indebtedness for 2021 09/15/20 074-20 Adopt resolution/Andover 2021 proposed property tax levy 09/15/20 075-20 Public hearing/project 20-2/2020 street reconstruction 10/06/20 076-20 Accept contribution/Richard & Marilyn Johnson/Fire Dept. 10/06/20 077-20 Appoint election 'ud es/General Election 10/06/20 078-20 Declare cost/prepare assessment roll/delinquent services 10/06/20 079-20 Adopt City of Andover 2021-2025 Capital Improvement Plan 10/20/20 080-20 Adopt assessment roll/project 20-14/2020 mill & overlay/Jay St. 10/20/20 © a 4 2020 Resolutions 081-20 Adopt assessment roll/project 20-15/2020 mill & overlay/Martin St. 10/20/20 082-20 Adopt assessment roll/project 20-16/2020 mill & overlay/Woodland Estates 111 & 2"d Additions 10/20/20 083-20 Adopt assessment rolU rdect 20-02/2020 street reconstruction 11/04/20 084-20 Adopt assessment roll/2020 delinquent services 11/04/20 085-20 Canvass returns ofmunicipal election/November 3rd, 2020 11/12/20 086-20 Approve change order #1/ ro'ects 18-33, 18-34 and 19-19 11/17/20 087-20 Order feasibility report/project 21-17/2021 mill & overlay/SE corner of city 11/17/20 088-20 Adopt resolution distribution of Federal Coronavirus aid relief/CARES Act funding 11/17/20 089-20 Order improvement/project 21-18/advanced metering infrastructure 11/17/20 090-20 Accept feasibility report/project 21-17/2021 mill & overlay/SF comer of city 12/01/20 091-20 Establish 2021 election polling places 12/01/20 092-20 Adopt City of Andover 2021 budget & 2021 property tax levy 12/01/20 093-20 Certified bonded indebtedness for 2021 12/01/20 094-20 Approve cost of living wage adjustments/non-bargaining employees/2021 12/15/20 095-20 Approve change order #I/ ro'ect 20-17/Public Works pavement reconstruction 12/15/20 096-20 Adopt Anoka County 2019 multi -jurisdictional all hazard mitigation plan 12/15/20 097-20 Adopt 2040 Andover Comprehensive Plan update 12/15/20 098-20 Vacation of Jivaro St. right of way 12/15/20 099-20 Approve finalplat/Meadows at Petersen Farms 12/15/20 100-20 Grant 1UP/mining and land reclamation/07-32-24-34-0002 12/15/20 © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA =W16191JU1111wil A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR MINING AND LAND RECLAMATION AT PID# 07-32-24-34-0002, LEGALLY DESCRIBED AS: THAT PRT OF SE1/4 OF SW 1/4 OF SEC 7 TWP 32 RGE 24 DESC AS FOL: BEG AT NE COR OF SD 1/4 1/4, TH S 89 DEG 52 MIN 15 SEC W, ASSD BRG, ALG N LINE THEREOF 975.88 FT, TH S 04 DEG 29 MIN 59 SEC W 231.03 FT, TH S 85 DEG 30 MIN 01 SEC E 240 FT, TH S 04 DEG 29 MIN 59 SEC W 778.17 FT, TH S 89 DEG 46 MIN 20 SEC W 113.41 FT, TH S 00 DEG 13 MIN 40 SEC E 225.28 FT TO NLY R/W LINE OF ANOKA CO HWY R/W PLAT NO 4, TH N 89 DEG 46 MIN 20 SEC E ALG SD NLY R/W LINE 71.24 FT, TH ELY ALG SD NLY R/W LINE & ALSO ALG TAN CUR CONC TO S RAD OF 1152.20 FT & CEN ANG OF 12 DEG 25 MIN 43 SEC 249.94 FT, TH N 89 DEG 46 MIN 20 SEC E NOT TAN TO SD CUR & ALG SD NLY R/W LINE 622.87 FT TO INTER/W E LINE OF SD 1/4 1/4, TH N 00 DEG 37 MIN 23 SEC W ALG SD E LINE 1276.18 FT TO POB, EX RDS, SUBJ TO EASE OF REC WHEREAS, the applicant, requested an interim use permit for the mining and land reclamation © of up to 100,000 cubic yards of soil; and, WHEREAS, the Planning and Zoning Commission held a public hearing on December 8, 2020; 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 mining and land reclamation of up to 120,000 cubic yards of soil on said property with the following conditions: 1. Soil shall not be placed within wetland, floodplain or right-of-way areas without first obtaining any required approvals and completing any required mitigation. 2. The stockpile shall only be comprised of excess material from the Meadows at Petersen Farms plat boundary and areas encompassed within the Preserve/Meadows at Petersen Farms Planned Unit Development area. 3. Silt fencing and any other erosion control measures as deemed necessary by the City Engineer shall be installed and maintained around the exterior of the stockpile. 4. All material shall be utilized in compliance with the City requirements. 5. Hours of operation shall be restricted to the normal construction hours as regulated by 40 City Code 5-6-3. © 6. Slopes shall not exceed 3 to 1 on unmaintained areas, and not exceed 4 to 1 on maintained areas. 7. The applicant will be required to seed and hydro mulch the stockpile/land reclamation area and ensure proper vegetation to the satisfaction of the City Engineer within seven days of inactivity. 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, including but not limited to obtaining an approved grading plan from the City Engineering Department. 11. Any future mining or land reclamation with fill in excess of 400 cubic yards shall require a new IUP. 12. Permit shall expire on December 15, 2025. Adopted by the City Council of the City of Andover on this 15th day of December 2020. CITY OF ANDOVER ATTEST:. ul'e Trude, Mayor L" P I.P f � ® Mi helle Harmer, Deputy City Clerk H © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R099-20 A RESOLUTION APPROVING THE FINAL PLAT OF "MEADOWS AT PETERSEN FARMS" FOR PROPERTY LEGALLY DESCRIBED AS: The Northwest Quarter of the Southeast Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota. And That part of Southeast Quarter of the Northeast Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at the QSouthwest comer of said Southeast Quarter of the Northeast Quarter; thence North 89 degrees 58 minutes 14 seconds East, along the South line of said Southeast Quarter of the Northeast Quarter, a distance of 355.14 feel; thence North 19 degrees 10 minutes 32 seconds West a distance of 296.98 feel; thence North 25 degrees 50 minutes 00 seconds West a distance of 620.12 feel to the West line of said Southeast Quarter of the Northeast Quarter; thence southerly along the West line of said Southeast Quarter of the Northeast Quarter to the Point of Beginning. That part of Northeast Quarter of the Southeast Quarter of Section 7, Township 32, Range.24, Anoka County, Minnesota, described as follows: Beginning at the Northwest comer of said Northeast Quarter of the Southeast Quarter; thence North 89 degrees 58 minutes 14 seconds East, along the North line of said Northeast Quarter of the Southeast Quarter, a distance of 355.14 feel; thence South 19 degrees 10 minutes 32 seconds East a distance of 291.56 feet; thence South 13 degrees 10 minutes 07 seconds East a distance of 543.89 feet; thence South 01 degrees 05 minutes 52 seconds East a distance of 40.97 feet; thence South 66 degrees 00 minutes 00 seconds East a distance of 95.45 feet; thence easterly a distance of 317.52 © feet along a tangential curve concave to the North, having a radius of 725.00 feet, and a central angle of 25 degrees 05 minutes 35 seconds; thence North 88 degrees 54 © minutes 25 seconds East tangent to the last described curve a distance of 226.12 feel; thence South 01 degrees 05 minutes 35 seconds East a distance of 50.00 feel; thence South 88 degrees 54 minutes 25 seconds West a distance of 226.12 feet; thence westerly a distance of 339.42 feet along a tangential curve concave to the North, having a radius of 775.00 feel, and a central angle of 25 degrees 05 minutes 35 seconds; thence North 66 degrees 00 minutes 00 seconds West tangent to the last described curve a distance of 72.03 feel; thence South 01 degrees 05 minutes 52 seconds East a distance of 404.73 feet to the South line of said Northeast Quarter of the Southeast Quarter; thence westerly along said South line to the Southwest corner of said Northeast Quarter of the Southeast Quarter; thence northerly along the West line of said Northeast quarter of the Southeast quarter to the Point of Beginning. And The Southwest Quarter of the Southeast Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota, except the East 701.69 feet thereof. And That part of the Northeast Quarter of the Southwest Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota, described as follows; Beginning at the southeast comer of said Northeast Quarter of the Southwest Quarter; thence South 89 degrees 52 minutes 15 seconds West, along the south line of said Northeast Quarter of the Southwest Quarter, a distance of 563.74 feet; thence North 02 degrees 09 minutes06 seconds West a distance of 366.16 feet; thence North 42 degrees 15 minutes 47 seconds West a distance of 150.67 feel; thence North 50 degrees 50 minutes 49 seconds West a distance of 239.20 feet; thence North 27 degrees 50 minutes 36 seconds East a distance of 574.09 feet; thence South 79 degrees 45 minutes 31 seconds East a distance of 167.87 feet: thence South 62 degrees 37 minutes 08 seconds East a distance of 276.17 feet; thence North 27 degrees 22 minutes 52 seconds East a distance of 372.95 feet to the northeast corner of said Northeast Quarter of the Southwest Quarter; thence South 00 degrees 37 minutes 23 seconds East, along said East line a distance of 1309.18 feet to the Point of Beginning. And That part of the Southeast Quarter of the Southwest Quarter of said Section 7, lying © northerly, easterly and northeasterly of a line described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence North 00 degrees 37 minutes 23 seconds West, along the East line of said Southeast © Quarter of the Southwest Quarter, a distance of 493.90 feet to the Point of Beginning; thence northwesterly, a distance of 250.89 feet along a non -tangential curve concave to the North having a radius of 455.00 feet, a central angle of 31 degrees 35 minutes 38 seconds, a chord length of 247.73 feet and a chord bearing of North 80 degrees 06 minutes 33 seconds West; thence North 00 degrees 00 minutes 00 seconds East a distance of 513.77 feet; thence North 51 degrees 54 minutes 00 seconds West a distance of 417.52 feet to a point on the North line of said Southeast Quarter of the Southwest Quarter, distant 563.74 feet west of the northeast corner thereof and there terminating. For the purposes of this description, the north line of said Southeast Quarter of the Southwest Quarter, is assumed to bear South 89 degrees 52 minutes 15 seconds West. WHEREAS, the City Council has approved the preliminary plat for the project to be known as "Meadows at Petersen Farms"; and WHEREAS, the Developer has presented a final plat of Meadows at Petersen Farms and it is ® consistent with the approved preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Meadows at Petersen Farms contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover on November 2, 2020, except as per the corrections noted below. 2. Conditions approved as part of the Preliminary Plat Resolution shall be satisfactorily met prior to the filing of the final plat. 3. Conditions approved as part of the Planned Unit Development Resolution and amendments thereto shall be satisfactorily met prior to the filing of the final plat. 4. Comments from the Andover Engineering Department dated November 24, 2020 shall be satisfactorily addressed prior to the release of the final plat. 5. A development agreement and assessment agreement, acceptable to the City Attorney shall be executed and recorded at Anoka County with the final plat. 6. Park dedication and trail fees shall be paid on a per unit basis at the rate in effect at the time of final plat approval and subject to increase as provided by state statute. Payment shall be made to the city as per the Assessment Agreement. 7. Separate long-term Operation and Maintenance agreement shall be recorded with each property for the infiltration basin/rain garden maintenance. The Agreement shall hold property owners responsible for the maintenance of the infiltration basin/rain gardens. C H l=J 8. The 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. The HOA documents should also address requirements within the approved PUD related to the Shoreland Overlay District. 9. Temporary Street, Drainage and Utility Easement documents for the temporary cul-de- sacs shall be reviewed and approved by the City Attorney and recorded at the County with the final plat. 10. Separate recordable Vehicle Maintenance Access Agreements shall be provided over, under, and across the following lots: Block 1, across Lots 1 through 10; and Block 3, between Lots 17 through 19, which shall be reviewed and approved by the City Attorney and recorded at the County with the final plat. 11. Separate Recordable Trail Easement shall be provided over, under, and across the following lots: Block 2, Lot 3 and Lot 4; which shall be reviewed and approved by the City Attorney and recorded at the County with the final plat. 12. Title Commitment and final plat must be reviewed and approved by the City Attorney. 13. Contingent upon staff review and approval for compliance with City Ordinances, policies and guidelines. 14. The Developer shall maintain all utility service to the two properties to the North while the development is under construction. 15. Developer shall provide appropriate and reasonable access for homeowners residing at 16927 Jivaro St NW and 16932 Jivaro St NW and emergency vehicle access to said address during construction of the proposed development. 16. Turn lane improvements shall be constructed as approved by Anoka County Highway Department to address current and future safety concerns. Submit the required escrow amount for the intersection improvements at Inca Street and 165 h Avenue NW for future improvements to be completed in the Development Agreement. Execute the Development Agreement and post security for Part A and Part B. 17. A separate temporary Roadway and Drainage Easement serving the properties at 16927 Jivaro St NW and 16932 Jivaro St NW ("Option A") shall be provided over, under and across Block 3, Lot 1, which meets City requirements to provide public roadway access to the properties, and which shall be reviewed and approved by the City Attorney and recorded at the County with the final plat. Adopted by the City Council of the City of Andover this 15th day of December, 2020. ATTEST: Michell Hartner, City Clerk CITY OF ANDOVER oj",A-_ uli Trade, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R098-20 A RESOLUTION GRANTING THE VACATION OF THE JIVARO STREET RIGHT OF WAY EASEMENT LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: An 18-foot easement for roadway purposes over, under and across the following described property: The Southeast Quarter of Section 7, Township 32, Range 24, and The Southwest Quarter of Section 7, Township 32, Range 24. The centerline of said easement described as follows: Beginning at the Southwest comer of the Southeast Quarter of said Section 7; thence North 0 degrees 10 minutes 02 seconds East, a distance of 1125.39 feet; thence North 1 degree 27 minutes 23 seconds East, a distance of 826.98 feet; thence Northeasterly a distance of 210.35 feet along a tangential curve concave to the Southeast having a radius of 346.11 feet and a central angle of 34 degrees 49 minutes 16 seconds; thence northeasterly a distance of 380.31 feet along a reverse curve concave to the northwest having a radius of 520.00 feet and a central angle of 41 degrees 54 minutes 15 seconds; thence North 17 degrees 31 minutes 30 seconds East, not tangent to said curve, a distance of 85.50 feet; thence North 27 degrees 30 minutes 00 seconds East a distance of 100.00 feet and said line there terminating. For the purposes of this description the West line of said Southeast Quarter of Section 7 has an assumed bearing of North 0 degrees 47 minutes 48 seconds West. © WHEREAS, the property owner has requested to vacate the described Jivaro Street Northwest; 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 street right of way subject to the following: 1. Approval of the Vacation of the Jivaro Street right-of-way easement is contingent upon approval and recording of the Final Plat to be known as "Meadows at Petersen Farms". 2. The vacation of Jivaro Street right-of-way easement shall be recorded with Anoka County as shown on the attached "Roadway Easement Vacation" sketch. Adopted by the City Council of the City of Andover on this 15`h day of December 2020. ATTEST CITY OF ANDOVER N' Lich lle Hartner, Deputy City Clerk J e rude, Mayor ROADWAY EASEMENT VACATION EXHIBIT FOR: JD Andover Holdings, LLC I � u I a 100.00 _ _ N27°40'25"E (N27°30'00"E) 85.50 _ N17°41'55"E (N17°31'30"E) rr I V6 b 4 r� I ii I • 105 South Fift,1 Menu: suite b1: L A N D; O R: Mnneatxtls, MN.WU1 tgrr�r • landtorm.net _asement to be vacated r) �l SW comer of the SE 1/4 of See. 7, T. R9 P AS ( ) Indicates bearings per description • N 'SCALE In FEE*o CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. R097-20 A RESOLUTION ADOPTING THE 2040 ANDOVER COMPREHENSIVE PLAN UPDATE, AND THE COMPREHENSIVE SEWER PLAN, A COMPILATION OF POLICY STATEMENTS, GOALS, STANDARDS, AND MAPS FOR GUIDING THE OVERALL DEVELOPMENT AND REDEVELOPMENT OF THE CITY OF ANDOVER 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 City of Andover submitted their Comprehensive Plan Update to the Metropolitan Council on June 24, 2019; and WHEREAS, the Andover City Council authorized the review and update of its Comprehensive Plan, including the Comprehensive Sewer Plan; and WHEREAS, the proposed Andover 2040 Comprehensive Plan is a planning tool intended to guide the future growth and development of the city of Andover in a manner that conforms with metropolitan system plans and complies with the Metropolitan Land Planning Act and other applicable planning statutes; and WHEREAS, the proposed Andover 2040 Comprehensive Plan reflect a community planning process conducted in the years 2016 through 2020 involving elected officials, appointed officials, city staff, community organizations, the public at large, developers, and other stakeholders; and WHEREAS, pursuant to Minnesota Statutes section 473.858, the proposed 2040 Comprehensive Plan was submitted to adjacent governmental units and affected special districts and school districts for review and comment on January 28, 2019 and the statutory six-month review and comment period has elapsed; and WHEREAS, the Planning and Zoning Commission has considered the proposed 2040 Comprehensive Plan and all public comments, and thereafter submitted its recommendations to the Andover City Council; and WHEREAS, on March 26, 2019, the Planning Commission conducted a public hearing(s) on the proposed 2040 Comprehensive Plan; and WHEREAS, the City Council reviewed the proposed Comprehensive Plan and those recommendations, public comments, and comments from Anoka County Parks Department; and QWHEREAS, the Metropolitan Council conducted a completeness review and on July 16, 2019, notified the City of Andover of several areas in the City's 2040 Comprehensive Plan Update that did not meet the requirements for the regional policy plans; and WHEREAS, the City of Andover has worked with Metropolitan Council staff to address areas identified in the plans and make necessary revisions; and WHEREAS, the City of Andover held a public open house on July 13, 2020 to inform citizens and gather public input on revisions the City's 2040 Comprehensive Plan Update; and WHEREAS, the Planning and Zoning Commission conducted a public hearing on September 8, 2020 for the proposed revisions to the Comprehensive Plan Update; and WHEREAS, the Planning and Zoning Commission has considered the proposed revisions to the 2040 Comprehensive Plan Update and all public comments, and thereafter submitted its recommendations to the City Council; 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 Planning and zoning Commission and after consideration but before final approval by the governing body of the local government unit; and © WHEREAS, on September 15, 2020, the Andover City Council approved Resolution Number R072-20 authorizing the proposed 2040 Comprehensive Plan Update, including the Comprehensive Sewer Plan, to be submitted to the Metropolitan Council for review; and WHEREAS, the City of Andover submitted the revised 2040 Comprehensive Plan Update to the Metropolitan Council on September 18, 2020; and WHEREAS, on October 9, 2020 the Metropolitan Council notified the City of Andover that the City's 2040 Comprehensive Plan Update had been found complete for review.; and WHEREAS, at its regular meeting on December 9, 2020, the Metropolitan Council completed its review of the proposed 2040 Comprehensive Plan and the Comprehensive Sewer Plan and found that the Plan meets the requirements of the Metropolitan Land Planning Act; conforms to the metropolitan system plans for transportation (including aviation), water resources, and parks; is consistent with Thrive MSP 2040; and is compatible with the plans of adjacent jurisdictions and affected special districts and school districts; WHEREAS, the 2040 proposed Comprehensive Plan includes all revisions made during the review process and responds to additional advisory comments that are part of the Metropolitan Council's actions authorizing the City of Andover to place its proposed 2040 Comprehensive Plan into effect; and WHEREAS, the Metropolitan Council approves the City of Andover's Comprehensive Sewer Plan. NOW THERE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, © MINNESOTA, that the City of Andover's 2040 Comprehensive Plan, including the Comprehensive Sewer Plan, is adopted and is effective as of the date of this resolution. BE IT FURTHER RESOLVED that, pursuant to sections 473.864 and 473.865 of the Metropolitan Land Planning Act, the City of Andover will: (1) review its fiscal devices and official controls; (2) if necessary, amend its fiscal devices and official controls to ensure they do not conflict with the 2040 Comprehensive Plan or permit activity in conflict with metropolitan system plans; and (3) submit amendments to fiscal devices or official controls to the Metropolitan Council for "information purposes." Adopted by the City Council of the City of Andover this 15th day of December 2020. Attest: Lfio�11 � Mi helle Harmer, City Clerk E CITY OF ANDOVER 012-t� J e rude, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R096-20 RESOLUTION ADOPTING THE ANOKA COUNTY 2019 MULTI -JURISDICTIONAL ALL - HAZARD MITIGATION PLAN WHEREAS, the City of Andover has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and WHEREAS, the Act establishes a framework for the development of a multi jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Anoka County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Anoka County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Anoka County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Anoka County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS, the Anoka County All -Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS, this is a multi jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED that the City of Andover supports the hazard mitigation planning effort and wishes to adopt the Anoka County 2019 Multi -Jurisdictional All -Hazard Mitigation Plan. Adopted by the City of Andover this 151 day of December 2020. CITY OF ANDOVER� ATTEST: _ li Trude - May Q WeelleHarmer — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 095-20 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 20-17, PUBLIC WORKS PAVEMENT RECONSTRUCITON WHEREAS, the City of Andover has a contract for Project No. 20-17 with North Valley, Inc. of Nowthen MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order #1 to Project No. 20-17. Adopted by the City Council of the City of Andover this 15th day of © December , 2020. CITY OF ANDOVER ATTEST: 5" V lie rude - Mayor Miclielle Hartner — Deputy City Clerk x CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R094-20 APPROVING COST -OF -LIVING WAGE ADJUSTMENTS FOR NON -BARGAINING EMPLOYEES FOR CALENDAR YEAR 202.-1 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, 2021 are within the expenditure guidelines established in the 2021 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, 2021, for all non -bargaining employees. © Adopted by the City Council on December 15, 2020 Attest: is elle Harmer, Deputy City Clerk X CITY OF ANDOVER 4yor Julie Trude- Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R093-20 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2021. 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 2021;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 2021 as listed on Attachment A. Adopted by the City of Andover this 1 SI day of December 2020. TTESTc Mic ielle Hamner — Deputy City Clerk E CITY OF ANDOVER J to 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. R093-20 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2021 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 I" day of December 2020. Mibhelle Harmer —Deputy City Clerk H x CITY OF ANDOVER 2021 Proposed Levy Certification Debt Changes © County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explanation 67B 2010A GO Open Space Bonds $ 184,078 $ 151,078 $ 33,000 Adjustment for PY's levy amount 70 2012C GO Taxable Abatement Bonds 1,284,550 973,263 311,287 Meet bona fide debt service requirements 74 2018A GO Capital Improvement Plan Bonds 501,644 456,344 45,300 Meet bona fide debt service requirements 75 2019A GO Taxable Abatement Bonds 1,179,570 976,966 202,604 Meet bona fide debt service requirements 76 2020 GO Equipment Certificate 377,790 406,224 (28,434) Adjustment for PY levy amount 2020 GO Equipment Certificate 170,000 (170,000) new issuance Total $ 3,527,632 $ 3,133,875 $ 393,757 H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R092-20 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2021 BUDGET AND 2021 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, 2020; 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, 2020. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2021 City of Andover Budget and the 2021 property tax levy totaling $14,913,945 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2021 City of Andover Budget by fund type as follows: REVENUES EXPENDITURES General Fund $ 12,072,732 General Fund $ 12,602,136 Special Revenue Funds 2,184,700 Special Revenue Funds 2,226,428 Debt Service Funds 3,685,482 Debt Service Funds 3,224,612 Capital Projects Funds 4,325,340 Capital Projects Funds 6,637,309 Enterprise Funds 5,814,578 Enterprise Funds 7,092,269 Internal Service Funds 1,323,834 Internal Service Funds 1,453,910 Total $ 29,406,666 Total $ 33,236,664 Adopted by the City of Andover this Ist day of December 2020. CITY OF ANDOVER n ATTEST:}. , I ie rude - Mayor �� P"- Q�- w elle Harmer —Deputy City Clerk C#J STATE OF MINNESOTA) QCOUNTY 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. R092-20 adopting the City of Andover 2021 Budget and 2021 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 V day of December 2020. �� MichWle Harmer — Deputy City Clerk ►01 C X S L� CITY OF ANDOVER, MINNESOTA Attachment A 2021 Property Tax Levy 2021 Levy General Fund Levy General Operations $ 9,396,493 Community Center Operations Levy 155,000 Park Repair/Replacement Items 120,000 Total General Fund 9,671,493 Debt Service Funds Levy 2010A G.O. Open Space Referendum Bonds 151,078 2012C Taxable G.O. Abatement Bonds 973,263 2018A G.O. Capital Improvement Plan Bonds 456,344 2019A Taxable G.O. Abatement Bonds 976,966 2020A G.O. Equipment Certificate 406,224 2021A G.O. Equipment Certificate 170,000 Total Debt Service 3,133,875 Other Levies Capital Projects Levy Capital Equipment/Project 250,000 Facility Maintenance Reserve 355,000 Parks Projects 15,000 Road & Bridge 1,342,456 Pedestrian Trail Maintenance 106,121 Lower Rum River Watershed 40,000 Total Other 2,108,577 Gross City Levy $ 14,913,945 © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R091-20 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 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby establishes the following as polling places for 2021: 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 H © Adopted by the City Council of the City of Andover this I" day of December 2020. CITY OF ANDOVER Attest: V�1_Q__ h qi J li Trude -Mayor c elle Hamner -Deputy City Clerk u H CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 090-20 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR PROJECT NO. 21-17, 2021 MILL & OVERLAY/SOUTHEAST CORNER OF CITY . WHEREAS, pursuant to Resolution No. 087-20, adopted the 17th day of November , 2020 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 1st day of December , 2020; and WHEREAS, such reports declared the proposed assessments to be feasible for an estimated total project cost of $2,851,000.00. 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. 21-17 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 $2,851,000.00. 3. A public hearing shall be held on such proposed improvement on the 19th day of January, 2021 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 Holthus and adopted by the City Council at a regular meeting this 1st day of December , 2020 , with Councilmembers Barthel, Holthus, Trude Butler, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF AND//OO�VER ATTEST: � Vht uli Trude - Mayor icl elle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 089-20 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 21-18. ADVANCED METERING INFRASTRUCTURE (AMI). 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 Advanced Meterinq Infrastructure (AMI) , Project 21-18; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works/City Engineer along with the consulting firm of WSB to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Butler and adopted by the ® City Council at a regular meeting this 17th day of November 2020 , with !Councilmembers Barthel, Butler, Trude, Holthus Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST:4 1 JyTrude - Mayor Mic elle Hartner — Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. R088-20 A RESOLUTION ADOPTING THE DISTRIBUTION OF FEDERAL CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT FUNDING. WHEREAS, Federal guidance indicates that the City of Andover has discretion to determine what the funds can be used for based on compliance distribution of the CARES Act; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the distribution of the CARES Act funds according to the Federal guidelines as identified on Attachment A. Adopted by the City of Andover this 17th day of November 2020. ATTEST: 4icie artner—Deputy City Clerk E H CITY OF ANDOVER J ie 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. R088-20 adopting the distribution of the CARES Act funds with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 17th day of November 2020. Mic elleN Harmer — Deputy City Clerk H C•1 CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 087-20 MOTION by Councilmember Barthel to adopt the following A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT 21-17, 2021 MILL & OVERLAY/SE CORNER OF CITY. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 21-17; 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 Butler and adopted by the City Council at a regular meeting this 17th day of November 2020, with Councilmembers Barthel, Butler, Trude, Holthus, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ul' Trude - Mayor Mic elle Hartner— Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 086-20 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION APPROVING COMPENSATING CHANGE ORDER #1 TO PROJECT NOS. 18-33, KELSEY ROUND LAKE PARK TRAIL EXPANSION/ 18-34, ANDOVER STATION NORTH TRAIL CONSTRUCTION/19-19 HILLS OF BUNKER LAKE WEST PARK TRAIL RECONSTRUCTION. WHEREAS, the City of Andover has a contract for Project Nos. 18-33, 18-34 & 19-19 with North Valley, Inc. of Nowthen. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the compensating change order #1 to Project Nos. 18-33, 18-34 & 19-19. Adopted by the City Council of the City of Andover this 17t" day of November 2020. CITY OF ANDOVER ATTEST: J li Trude - Mayor Micelle Hartner— Deputy City Clerk [,J Ia CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R085-20 A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION HELD ON THE 3`d DAY OF NOVEMBER 2020 IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. The Municipal Election was held in and for the City of Andover on the 3`d day of November, 2020 and was in all respects duly and legally canvassed; and the votes received for each candidate are shown on the attached. The following are hereby declared and certified as those elected: Mayor — Sheri Bukkila (2-year term) Councilmembers — Ted Butler and Randy Nelson (4-year terms) BE IT FURTHER RESOLVED that no irregularities were noted. The summary of the voter results is hereby attached and made part of this resolution. Adopted by the City Council of the City of Andover this 12", day of November, 2020. CITY OF ANDOVER Attest: cD�p J re (rude — Mayor Michelle Hartner — Deputy City Clerk C,�iJ Abstract of Votes Cast In the Precincts of the City of Andover State of Minnesota at the State General Election Held Tuesday, November 3, 2020 as compiled from the official returns. a 0 4 Abstract print version 31491, generated 11/11/2020 10:22A3 PM Summary of Totals City of Andover Tuesday, November 3, 2020 State General Election Number of persons registered as of 7 a.m. 22009 Number of persons registered on Election Day 1536 Number of accepted regular, military, and overseas absentee ballots and mail ballots 10911 Number of federal office only absentee ballots 14 Number of presidential absentee ballots 2 Total number of persons voting 20905 Summary of Totals City of Andover Tuesday, November 3, 2020 State General Election KEY TO PARTY ABBREVIATIONS NP - Nonpartisan Mayor (Andover) NP NP NP WI Richard Kulkey Julie Trude Sheri Bukkila WRITE-IN 1513 7600 9617 75 Council Member at Large (Andover) (Elect 2) NP NP NP NP Mary C Vanderlaan Steven Fowlkes Ted Butler Joshua Pacheco 4723 2224 8943 3112 NP WI Randy Nelson WRITE-IN 7554 158 NP Maribella MCDermid 3179 Abstract print version 31491, generated 11/11/2020 10:22:43 PM Page 1 of 6 Q I Detail of Election Results City of Andover Tuesday, November 3, 2020 State General Election Precinct Persons Registered Persons Registered Total Number of as of 7 A.M. on Election Day Persons Voting 02 0005: ANDOVER P-1 2356 168 2230 02 0010 : ANDOVER P-2 2101 125 1952 02 0016: ANDOVER P3 2417 168 2265 02 002D : ANDOVER P4 1960 163 1849 020025: ANDOVER P5 2618 173 2501 02 0030 : ANDOVER P-6 2021 129 1933 02 0035: ANDOVER P-7 1868 143 1805 02 0040: ANDOVER P-8 2001 144 1921 02 0045: ANDOVER P-9 2204 137 2109 02 0050 : ANDOVER P-10 2454 186 2330 City of Andover Total: 22009 1536 20905 Page 2 of 6 Detall of Election Results City of Andover Tuesday, November 3, 2020 State General Election Office Tide: Mayor (Andover) Precinct 02 COOS: ANDOVER P-1 02 OD10: ANDOVER P-2 02 0015: ANDOVER P-3 02 0020: ANDOVER P4 020025: ANDOVER P5 02 0030 : ANDOVER P-6 02 0035 : ANDOVER P-7 D2 0040 : ANDOVER P-8 02 0045 : ANDOVER P-9 02 0060 ;ANDOVER P-1 D Total: Office Title: Council Member at Large (Andover) (Elect 2) Precinct 02 0005 : ANDOVER P-1 02 0010 : ANDOVER P-2 02 0015 : ANDOVER P3 02 0020 : ANDOVER P-4 02 0025: ANDOVER P-5 02 0030 : ANDOVER P-6 02 0035: ANDOVER P-7 02 0040 : ANDOVER P-8 02 0045 : ANDOVER P-9 NP NP NP WI Richard Kulkey Julie Trude Sheri Bukkila WRITE-IN 180 607 1190 11 204 681 847 9 193 805 1003 11 150 617 878 7 178 933 1143 11 109 719 933 6 85 643 901 6 149 725 884 7 108 934 867 4 157 936 971 3 1513 7600 9617 75 NP NP NP NP NP Mary C Vanderlaan Steven Fowlkes Ted Butler Joshua Pacheco Maribella McDermid 512 236 745 390 367 551 218 729 237 384 472 247 958 309 391 414 183 792 291 297 635 281 1189 310 311 434 211 812 248 233 334 162 815 344 252 480 198 809 277 265 398 195 1090 358 315 Page 3 of 6 Detail of Election Results City of Andover Tuesday, November 3, 2020 State General Election Office Title: Council Member at Large (Andover) (Elect 2) Precinct NP NP NP NP NP Mary C Vanderlaan Steven Fowlkes Ted Butler Joshua Pacheco Maribella MCDermid 02 0050: ANDOVER P-10 495 293 1004 348 364 Total: 4723 2224 8043 3112 3179 Precinct NP WI Randy Nelson WRITE-IN 02 0005: ANDOVER P-1 879 22 02 0010 : ANDOVER P-2 701 12 02 0015: ANDOVER P3 784 27 02 0020 : ANDOVER P-4 652 14 02 0025 : ANDOVER P5 868 23 02 0030 : ANDOVER P-6 T77 14 02 0035 : ANDOVER P-7 675 3 02 0040 : ANDOVER P-8 754 14 02 0045: ANDOVER P-9 746 19 02 0050 : ANDOVER P-10 726 10 Total: 7554 158 Page 4 of 6 © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R084-20 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, 2021 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, 2020. Adopted by the City Council of the City of Andover on this 4th day of November, 2020. ATTEST: i elle Hartner — Deputy City Clerk u CITY OF ANDOVER Ju e rude, Mayor CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 083-20 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 20-2, 2020 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, 2021 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 Butler and adopted by the City Council at a regular meeting this 4thh day of November 2020, with Councilmembers Barthel, Butler, Holthus, Trude, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: 0 `Mic eceacf �t� a-►_._, lle Hartner —Deputy City Clerk CITY OF ANDOVER r J 'e rude -Mayor CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 082-20 MOTION by Councilmember Butler to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 20-16, 2020 MILL & OVERLAY/WOODLAND ESTATES 1ST & 2ND ADDITIONS, 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, 2021 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 20th day of October, 2020, with Councilmembers Butler, 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: J ie rude - Mayor © UL Mic elle Hartner —Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 081-20 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 20-15, 2020 MILL & OVERLAY/MARTIN STREET NW, WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 years, the first of the installments to be payable on or before the first Monday in January, 2021 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 20th day of October, 2020, with Councilmembers Barthel, Bukkila, Trude, Holthus Butler voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J i Trude - Mayor Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 080-20 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 20-14 2020 MILL & OVERLAY/JAY STREET NW, WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount equal to or greater than the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a ® period of 8 years, the first of the installments to be payable on or before the first Monday in January, 2021 and shall bear interest at a rate of 4_5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 20th day of October, 2020, with Councilmembers Barthel, Bukkila, Trude Holthus Butler voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J ie Trude - Mayor Mic elle Hartner —Deputy City Clerk r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R079-20 C,1 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2021 - 2025 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 2021 - 2025 City of Andover Capital Improvement Plan. Adopted by the City of Andover this 20th day of October 2020. 4ic TEST: l el a Harmer —Deputy City Clerk CITY OF ANDOVER Ju�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. R079-20 adopting the City of Andover 2021 - 2025 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 20th day of October 2020. 14colle�Ucr Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R078-20 0 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 $288,527.71 exist as of September 28, 2020; 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 $311,609.93 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 2021, 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 4th day of November, 2020 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. u MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 6th day of October, 2020, with Councilmembers Trude, Barthel, Bukkila, Holthus and Butler voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: Ir wC'L Y � Mic elle Hartner —Deputy City Clerk CITY OF ANDOVER J ie Trude - Mayor u X l J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R077-20 A RESOLUTION APPOINTING JUDGES TO SERVE AT THE NOVEMBER 3, 2020 GENERAL ELECTION IN THE CITY OF ANDOVER. WHEREAS, the City Council is required by State Statute to appoint election judges to serve at the November 3, 2020 General Election. WHEREAS, the City Council will allow the City Clerk to appoint substitution election judges if necessary. NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as election judges as listed on Attachment A at the November 3, 2020 General Election. Adopted by the City Council of the City of Andover this 61h day of October, 2020. Attest: Mic elle Hamner -Deputy City Clerk CITY OF ANDOVER li Trude — Mayor Judge Board Report, 2020 Statewide Election ATTACHMENT A General Election, Tuesday, November 3, 2020 Andover P-1 P-1 Hope Lutheran Church, 16180 Round Lake Blvd NW, Andover, MN 55304 Tracy Strombeck, Head Judge Linda Nelson, Assistant Head Judge John Balsley, Election Judge Heather Bird, Election Judge Sharon Cramer, Election Judge George Hoist, Election Judge Marguerite Kelley, Election Judge Carol Moeller, Election Judge Heather Odell, Election Judge Charles Phillips, Election Judge Joyce Ringwelski, Election Judge Andrea Schulz, Election Judge Andover P-10 P-10 Andover Elementary School, 14950 Hanson Blvd NW, Andover, MN 55304 Nicole Iskierka, Head Judge Rose Lundequam, Assistant Head Judge Larry Rolf, Assistant Head Judge William Bonin, Election Judge Peter Budish, Election Judge Heidi Geiss, Election Judge Noel LaBine, Election Judge © Kathleen Miller, Election Judge Linda Olson, Election Judge Katrina Phillips, Election Judge Curtis Sellman, Election Judge Grace Stone, Student Judge Andover P-2 P-2 Grace Lutheran Church, 13655 Round Lake Blvd NW, Andover, MN 55304 Angel Bourque, Head Judge Julie Finco, Assistant Head Judge Craig Bakken, Election Judge Robert (Bob) Bursaw, Election Judge Jaqlyn Darling, Election Judge Cortnee Hansen, Election Judge Marcia Hauck, Election Judge Cyril Larson, Election Judge Margaret Miller, Election Judge Denise Stacklie, Election Judge Tandem Wall, Election Judqe Andover P-3 P-3 Riverdale Assembly of God Church, 3210 Bunker Lake Blvd NW, Andover, MN 55304 Susan McBride, Head Judge Michael Casey, Assistant Head Judge Becky Ahlstrom, Election Judge Sara Erickson, Election Judge Paula Foley, Election Judge Lorraine Fuhs, Election Judge Mary Lauer, Election Judge Randy Miller, Election Judge Printed: 91231202010:44 AM Page 1 of 3 40 Judge Board Report, 2020 Statewide Election Mary Morphew, Election Judge Christine Schonning, Election Judge Michael Stokes, Election Judge Suzanne Van Hecke, Election Judge Andover P4 P-4 Crooked Lake Elementary School, 2939 Bunker Lake Blvd NW, Andover, MN 55304 Mark Howard, Head Judge Leon Tibben, Head Judge Laura Sargent, Assistant Head Judge Rex Hamann, Election Judge Kay Klemetsen, Election Judge Kathleen Lafferty, Election Judge Ashley Lord, Election Judge Sandra Paddock, Election Judge Lois Spadgenske, Election Judge Loretta Sunderland, Election Judge Made (Terri) Williams, Election Judge Andover P-5 P-5 Andover Christian Church, 16045 Nightingale ST NW, Andover, MN 55304 Suzanne Peach, Head Judge Peggy Conner, Assistant Head Judge Emily Balsley, Election Judge Lynda Bergeron, Election Judge Robert Carmichael, Election Judge Kristine Frischmon, Election Judge © Winifred Hanson, Election Judge Teresa Horton, Election Judge Rhonda Mengelkoch, Election Judge Kent Peterson, Election Judge Mary Pfeiffer, Election Judge Diane Phillips, Election Judge Diana Ramseyer, Election Judge Mary Steinke Dean, Election Judge Medan Popsun. Student Judge Andover P-6 P-6 Prairie Oak Community Church, 1657 161stAve NW, Andover, MN 55304 Bruce Crane, Head Judge Thomas Popsun, Assistant Head Judge Barry Cenalko, Election Judge Diane Fisher, Election Judge Gary Horning, Election Judge Deborah Kolar, Election Judge William Obedoza, Election Judge Sharon Saxon, Election Judge Lucy Schalwig, Election Judge Douglas Soltis, Election Judge Amv Vanderl-eest, Election Judqe Andover P-7 P-7 Andover Community Center, 15200 Hanson Blvd NW, Andover, MN 55304 John Wolf, Head Judge © Richard Lindmark Jr, Assistant Head Judge Ian Carter, Election Judge Printed: 9/23,2020 f 0:44 AM Page 2 of 3 x Judge Board Report, 2020 Statewide Election Lois Fritz, Election Judge Debra Jones, Election Judge Elizabeth Lantz, Election Judge Harriet Lantz, Election Judge Kelly Nelson, Election Judge Janine Palate, Election Judge Linda Pavek, Election Judge Jennifer Tatur, Election Judge Ann Tepoorten, Election Judge, Andover P-8 P-B Andover Community Center, 15200 Hanson Boulevard, Andover, MN 55304 Jody Rieck, Head Judge Les Lantz, Assistant Head Judge June Anderson, Election Judge Kandice Barnes, Election Judge Marina Bressler, Election Judge Rene Ferrazzi, Election Judge Kathy Grout, Election Judge Ross Johnson, Election Judge Jan Klinsing, Election Judge Ronald Pavek, Election Judge Doreen Sampson, Election Judge Cynthia Wilhelm, Election Judge Andover P-9 P-9 Bunker Hills Activity Center, 550 Bunker Lake Blvd NW, Andover, MN 55304 Brigette Meeker, Head Judge Kard Hausker, Assistant Head Judge Tina Riehl, Assistant Head Judge Clarence Castile, Election Judge Laura Hannah, Election Judge Jeffrey Kays, Election Judge Michael Kiedrowski, Election Judge Corinne Knapp, Election Judge John Pedersen, Election Judge Stephen Ritter, Election Judge Teresa Rolf, Election Judge Printed: 912312020 10:44 AM Page 3 of 3 E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R076-20 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION ACCEPTING CONTRIBUTIONS MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE FIRE DEPARTMENT'S Fire prevention and safety training of Children. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $50.00 contribution from Richard and Marilyn Johnson is to be used towards the Fire Department's fund raiser or wherever we see fit. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Fire Department's Fire prevention and safety training of Children. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 6th day of October 2020, with Councilmembers Trude, Barthel, Bukkila, Butler and Holthus voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: I Aal-OTj 'Michelle Hartner - Deputy City Clerk CITY OF ANDOVER z,p�0/� J ' rude - Mayor CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 075-20 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO.20-2, 2020 STREET RECONSTRUCTION. WHEREAS, by a resolution passed by the City Council on September 15, 2020, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 20-2, 2020 Street Reconstruction. 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 4th day of November , 2020 , 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 Barthel and adopted by the City Council at a regular meeting this 6th day of October , 2020 , with Councilmembers Holthus, Barthel, Trude, Bukkila, Butler voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J e rude - Mayor Mi helle Hamner — DepVCityClerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R074-20 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2021 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, 2020. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2021 property tax levy totaling $14,946,945 as listed on Attachment A. Adopted by the City of Andover this 15th day of September 2020. ATTEST: MN celle Hamner — Deputy City Clerk H CITY OF ANDOVER Ju ' rude - Mayor u AD S 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. R074-20 adopting the 2021 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 15th day of September 2020. Michelle er — Deputy City Clerk CITY OF ANDOVER, MINNESOTA Attachment A 2021 Property Tax Levy © Proposed 2021 Levy General Fund Levy General Operations $ 9,396,493 Park Repair/Replacement Items 120,000 Total General Fund 9,516,493 Debt Service Funds Levy 2010A G.O. Open Space Referendum Bonds 184,078 2012C Taxable G.O. Abatement Bonds 973,263 2018A G.O. Capital Improvement Plan Bonds 456,344 2019A Taxable G.O. Abatement Bonds 976,966 2020A G.O. Equipment Certificate 406,224 2021A G.O. Equipment Certificate 170,000 Total Debt Service 3,166,875 Other Levies © Community Center Operations Levy 155,000 Capital Projects Levy Capital Equipment/Project 250,000 Facility Maintenance Reserve 355,000 Parks Projects 15,000 Road & Bridge 1,342,456 Pedestrian Trail Maintenance 106,121 Lower Rum River Watershed 40,000 Total Other 2,263,577 Gross City Levy $ 14,946,945 H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R073-20 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2021. 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 2021; 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 2021 as listed on Attachment A. Adopted by the City of Andover this 15th day of September 2020. 4ATTEST: �jWCI Y� Mic elle Hartner — Deputy City Clerk CITY OF ANDOVER c.2 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. R073-20 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2021 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 September 2020. Michelle Hartner — Deputy City Clerk E H CITY OF ANDOVER 2021 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 74 2018A GO Capital Improvement Plan Bonds 75 2019A GO Taxable Abatement Bonds 76 2020 GO Equipment Certificate 2020 GO Equipment Certificate Total CAI $ 184,078 $ 184,078 $ - 1,284,550 973,263 311,287 Meet bona fide debt service requirements 501,644 456,344 45,300 Meet bona fide debt service requirements 1,179,570 976,966 202,604 Meet bona fide debt service requirements 377,790 406,224 (28,434) Adjustment for PY levy amount 170,000 (170,000) new issuance $ 3,527,632 $ 3,166,875 $ 360,757 CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. R072-20 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, the City of Andover submitted their Comprehensive Plan Update to the Metropolitan Council on June 24, 2019; and WHEREAS, the Metropolitan Council conducted a completeness review and on July 16, 2019, notified the City of Andover of several areas in the City's Comprehensive © Plan Update that did not meet the requirements for the regional policy plans: and WHEREAS, the City of Andover has worked with Metropolitan Council staff to address areas identified in the plans and make necessary revisions; and © WHEREAS, the City of Andover held a public open house on July 13, 2020 to inform citizens and gather additional public input on the revisions to the Comprehensive Plan Update; and WHEREAS, the Planning and Zoning Commission conducted a public hearing on September 8, 2020 for the proposed revisions to the Comprehensive Plan Update; and WHEREAS, the Planning and Zoning Commission has considered the proposed revisions to the Comprehensive Plan Update and all public comments, and thereafter submitted its recommendations to the City Council; 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA, AS FOLLOWS: The City Planner is directed to distribute said revision of the Comprehensive Plan Update to the Metropolitan Council. Adopted by the City Council on September 15, 2020. Attest: MiQhelle Hartner, City Clerk Ju reeIrude, Mayor CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 071-20 MOTION by Councilmember Butler to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 20-2, 2020 STREET RECONSTRUCTION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $ 1,086,753.49 , the expenses incurred or to be incurred in the making of such improvement amount to $ 260,099.06 so that the total project costs of the improvement are $ 1,346,852.55. 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 $ 1,010,139.41 , and the amount to be assessed against benefited property owners is declared to be $336,713.14 . 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 1st Monday in January 2021, and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 15th day of September , 2020, with Councilmembers _ Butler, Bukkila, Barthel (absent), Trude, Holthus voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST:✓ © J i Trude - Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 070-20 MOTION by Councilmember Butler to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT No. 20-16, 2020 MILL & OVERLAY/WOODLAND ESTATES 1ST & 2ND ADDITIONS. WHEREAS, by a resolution passed by the City Council on September 1, 2020, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 20-16. 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 20th day of October , 2020 , in the City �# Hall at 7:00 PM to pass upon such proposed assessment and at such time and place V� 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 Bukkila and adopted by the City Council at a regular meeting this 15th day of September , 2020, with Councilmembers Butler, Bukkila, Barthel (absent), Trude, Holthus voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J e' rude - Mayor Micf elle Hamner —Deputy City Clerk CITY OF ANDOVER Q COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 069-20 MOTION by Councilmember Butler to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT No. 20-15, 2020 MILL & OVERLAY/MARTIN STREET NW. WHEREAS, by a resolution passed by the City Council on September 1, 2020, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 20-15. 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 20th day of October , 2020 , 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 Bukkila and adopted by the City Council at a regular meeting this 15th day of September 2020 , with Councilmembers Butler, Bukkila, Barthel (absent), Trude, 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 e rude - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 068-20 MOTION by Councilmember Butler to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 20-14, 2020 MILL & OVERLAY/JAY STREET NW. WHEREAS, by a resolution passed by the City Council on September 1, 2020, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 20-14. 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 20th day of October 2020 , 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 Bukkila and adopted by the City Council at a regular meeting this 15th day of September , 2020, with Councilmembers Butler, Bukkila, Barthel (absent), Trude, Holthus voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: © li Trude - Mayor 4'icelle Hartner — Deputy City Clerk voting CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R067-20 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "Meadows at Petersen Farms" FOR PROPERTY LEGALLY DESCRIBED AS; For the purposes of these descriptions, the east line of the Southeast Quarter of the Northeast Quarter of Section 7, Township 32, Range 24, is assumed to bear South 01 degree 06 minutes 09 seconds East. The Northwest Quarter of the Southeast Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota. And That part of Southeast Quarter of the Northeast Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at the Southwest corner of said Southeast Quarter of the Northeast Quarter; thence North 89 degrees 58 minutes 14 seconds East, along the South line of said Southeast Quarter of the Northeast Quarter, a distance of 355.14 feet; thence North 19 degrees 10 minutes 32 seconds West a distance of 296.98 feet; thence North 25 degrees 50 minutes 00 seconds West a distance of 620.12 feet to the West line of said Southeast Quarter of the Northeast Quarter; thence southerly along the West line of said Southeast Quarter of the Northeast Quarter to the Point of Beginning. And That part of Northeast Quarter of the Southeast Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at the Northwest corner of said Northeast Quarter of the Southeast Quarter; thence North 89 degrees 58 minutes 14 seconds East, along the North line of said Northeast Quarter of the Southeast Quarter, a distance of 355.14 feet; thence South 19 degrees 10 minutes 32 seconds East a distance of 291.56 feet; thence South 13 degrees 10 minutes 07 seconds East a distance of 543.89 feet; thence South 01 degrees 05 minutes 52 seconds East a distance of 40.97 feet; thence South 66 degrees 00 minutes 00 seconds East a distance of 95.45 feet; thence easterly a distance of 317.52 feet along a tangential curve concave to the North, having a radius of 725.00 feet, and a central angle of 25 degrees 05 minutes 35 seconds; thence North 88 degrees 54 minutes 25 seconds East tangent to the last described curve a distance of 226.12 feet; thence South 01 degrees 05 minutes 35 seconds East a distance of 50.00 feet; thence South 88 degrees 54 minutes 25 seconds West a distance of 226.12 feet; thence westerly a distance of 339.42 feet along a tangential curve concave to the North, having a radius of 775.00 feet, and a central angle of 25 degrees 05 minutes 35 seconds; thence North 66 degrees 00 minutes 00 seconds West tangent to the last described curve a distance of 72.03 feet; thence South 01 degrees 05 minutes 52 seconds East a distance of 404.73 feet to the South line of said Northeast Quarter of the Southeast Quarter; thence westerly along said South line to the Southwest corner of said Northeast Quarter of the Southeast Quarter; thence Northerly along the West line of said Northeast Quarter of the Southeast Quarter to the Point of Beginning. And © That part of the Southwest Quarter of the Southeast Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota, lying West of the East 701.69 feet thereof; And That part of the Northeast Quarter of the Southwest Quarter of Section 7, Township 32, Range 24, Anoka County, Minnesota, described as follows; Beginning at the southeast corner of said Northeast Quarter of the Southwest Quarter; thence South 89 degrees 52 minutes 15 seconds West, along the south line of said Northeast Quarter of the Southwest Quarter, a distance of 563.74 feet; thence North 02 degrees 09 minutes 06 seconds West a distance of 366.16 feet; thence North 42 degrees 15 minutes 47 seconds West a distance of 150.67 feet; thence North 50 degrees 50 minutes 49 seconds West a distance of 239.20 feet; thence North 27 degrees 50 minutes 36 seconds East a distance of 574.09 feet; thence South 79 degrees 45 minutes 31 seconds East a distance of 167.87 feet; thence South 62 degrees 37 minutes 08 seconds East a distance of 474.51 feet to the east line of said Northeast Quarter of the Southwest Quarter; thence South 00 degrees 37 minutes 23 seconds East, along said east line of said Northeast Quarter of the Southwest Quarter, a distance of 886.77 feet to the Point of Beginning. Rill That part of the Southeast Quarter of the Southwest Quarter of said Section 7, lying Northerly, easterly and Northeasterly of a line described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence North 00 degrees 37 minutes 23 seconds West, along the East line of said Southeast Quarter of the Southwest Quarter, a distance of 493.90 © feet to the Point of Beginning; thence Northwesterly a distance of 250.89 feet along a non - tangential curve concave to the North having a radius of 455.00 feet, a central angle of 31 degrees 35 minutes 38 seconds, a chord length of 247.73 feet and a chord bearing of North 80 degrees 06 minutes 33 seconds; thence North 00 degrees 00 minutes 00 seconds East a distance of 513.77 feet; thence North 51 degrees 54 minutes 00 seconds West a distance of 417.52 feet to a point on the North line of said Southeast Quarter of the Southwest Quarter, distant 563.74 feet west of the Northeast corner thereof and there terminating. And That part of 168th Avenue N.W. as dedicated on the plat of PRESERVE AT PETERSEN FARMS that lies westerly of the southerly extension of the easterly line of Lot 14, Block 2, of said PRESERVE AT PETERSEN FARMS. WHEREAS, Landform on behalf of JD Andover Holdings has requested approval of a preliminary plat for Meadows at Petersen Farms; 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 and Zoning Commission recommends denial of the preliminary plat to the City Council; © WHEREAS, the Planning and Zoning Commission has indicated that without an access to the properties to the North the plat does not provide suitable access to the Luedtke and McDonald property; and C C NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby disagrees with the recommendation of the Planning and Zoning Commission and approves the Preliminary Plat of Meadows at Petersen Farms with the following conditions: 1. City of Andover staff comments dated August 25, 2020, Lower Rum River Watershed Management Organization 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. With the exception of comment 44 in Engineering Review # 1. 2. The applicant shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 3. 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. Prior to final plat recording at Anoka County, a development agreement acceptable to the City Attorney must be executed by the Developer. 4. Temporary cul-de-sac easement(s) shall be provided. Separate documents shall be required for each temporary cul-de-sac easement on each lot, to be recorded with the final plat. 5. Vehicle Maintenance Access (VMA) Easements shall be provided. Separate documents shall be required for each VMA on each lot, to be recorded with the final plat. 6. Such plat approval is contingent upon the requested Planned Unit Development Amendment. 7. Prior to final plat recording at Anoka County, a development agreement acceptable to the City Attorney must be executed by the Developer. 8. Turn lane improvements shall be constructed as approved by Anoka County Highway Department to address current and future safety concerns. 9. Vacation of Javiro Street right of way shall occur at time of final plat. 10. Vacation of that portion of 1681h Ave NW shall occur with the appropriate Final Plat, and land shall be deeded to abutting properties. 11. The Developer shall maintain all utility service to the two properties to the North while the development is under construction. 12. Developer shall provide appropriate and reasonable access for homeowners residing at 16927 Jivaro St NW and 16932 Jivaro St NW and emergency vehicle access to said address during construction of the proposed development. 13. Option A shall provide access for homeowners residing at 16927 Jivaro St NW and 16932 Jivaro St. NW, with the understanding that the final plat may be modified with an alternative access to said properties if the alternative access is agreed upon by the developer, the above property owners and the City at or before the time of final plat approval. Adopted by the City Council of the City of Andover this 1st day of September, 2020. ATTEST: ` Mi helle Harmer,JityMerkqfin CITY OF ANDOVER c AO_O.P_� Jul' Tr ide, Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R066-20 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT / PLANNED UNIT DEVELOPMENT AMENDMENT REQUESTED BY LANDFORM, ON BEHALF OF JD ANDOVER HOLDINGS, AS SHOWN AS PUD DEVELOPMENT PLAN PHASE 2 PETERSEN FARMS DATED 08.19.2020, LEGALLY DESCRIBED AS: 07-32-24-42-0002, 07-32-24-43-0003, 07-32-24-34-0002, 07-32-24-34-0003, 07-32-24-33-0001, 07-32-24-31-0001, 07-32-24-32-0001, 07-32-24-23-0002, 07-32-24-24-0001 WHEREAS, Landform, on behalf of JD Andover Holdings has requested a Conditional Use Permit for an Amendment to the Planned Unit Development (PUD) for Meadows at Petersen Farms, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does meet the criteria of City Code and would not have a detrimental effect upon the health, safety, general welfare, values of property and scenic views in the surrounding area, and; © WHEREAS, the Planning and Zoning Commission has reviewed the request and determined that said request does meet the criteria of City Code and 13-3-9 and 13-4-9; as the proposed PUD is not in conflict. WHEREAS, the Planning Zoning Commission further determined the Planned Unit Development project does not conflict with Land Use Goals, Objectives and Policies Goal 4 to allow residential growth while maintaining the quality of natural resources and amenities. WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Permit/Planned Unit Development Amendment request, and; WHEREAS, the City Council of Andover has reviewed the request including all materials available at the time of review, and has determined that said request does meet the criteria of City Code because: 1. The proposed development is not in conflict with the goals of the Comprehensive Plan for the City. The proposed CUP/PUD request is in alignment with the Comprehensive Plan as it meets the following goals: Overarching Goals, Objectives and Policies, Goal 1: Maintain and enhance the quality of life in Andover. The proposed project has been designed to minimize impacts to wetlands and bluffs. The applicant is providing larger usable space © for each lot, which is a minimum of 43,560 square feet vs. the R-1 requirement of 13,600 square feet. In the case of the 5 lots that do not meet the 43,560 as © identified in Lot Area Calcs — Upland PETERSEN FARMS — dated 08.19.2020 the area is still usable even though it contains floodplain. Land Use Goals, Objectives and Policies, Goal 4: Allow residential growth while maintaining the quality of natural resources and amenities. The proposed project will utilize Low Impact Development (LID) features such as infiltration ditches, and smaller roadways. The applicant will continue to work through the development process minimizing tree removal on the property and reduce the amount of destabilization of the soil. Goal: Reduce maintenance and energy costs for public facilities and infrastructure. As part of the LID development, the roadway will be narrower creating less cost for future replacement. The development will have minimal stormwater hard infrastructure reducing the cities costs of long-term maintenance. Housing Goals, Objectives and Policies Goal: Provide a variety of housing types to accommodate the life cycle needs of all residents. While some lots will be under the 2.5 acre R-1 standard, each lot will have at least 43,560 square feet of "usable "property. Transportation Goals, Objectives and Policies © Goal: Minimize impacts of the transportation system on the natural environment. The lots under 2.5 acres will allow for the placement of the road in a location that minimizes the "cuts" and "fills" on the property. The placement of the roadway will allow the lots to be laid out in a manner that minimizes the removal of the trees on the property at the time of development. The master plan calls for additional connections to adjacent roadways allowing for additional access to this development and others. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. The applicant is proposing to create custom home sites to allow for flexibility for the buyer and a more attractive neighborhood in Andover. Each lot will be custom graded to allow for construction of the individual homes in a manner that meets the needs of the homeowner and allows them to design a site that works with the natural features of the lot. This approach will allow flexibility in the placement of single- family homes on each lot while preserving the natural environment. The low -impact qualities of this development will lead to a desirable and unified environment. The smaller lots will also allow more open space to occur around the recreational lake. 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of PUD. S © The applicant's proposal is requesting flexibility from lot size and lot width standards in the R-1 District and Shoreland Overlay District and from minimum ROW width. The requested flexibilities contribute to achieving the purpose of a PUD, specifically: • The lot size change contributes to achieving a higher quality PUD development because it helps to preserve a larger number of existing trees, it allows for linear cluster development that preserves the natural features and allows for the dedication of significant open space within the development. • The lot width change contributes to achieving a higher quality PUD development because it permits the development to arrange lots to preserve trees, minimize wetland impacts and preserve natural features. • The ROW width change contributes to achieving a higher quality PUD development because it allows for a rural street section that minimizes tree removals and allows for wider drainage and utility easements that can be used as ditches for stormwater management. The use of ditches will also reduce the number of trees removed because we will not need traditional ponding to achieve stormwater requirements. 4. The PUD is of composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. The PUD proposal includes our development plan that shows how the overall property and adjacent large lot residential properties could be developed, visualizing how future ® development could be planned for. Each phase of the development would contribute to the overall development but would be independent of the previous and future phases. Residential Planned Unit Developments (PUDs) within a shoreland area requires a properly owner association agreement (for residential PUDs) with mandatory membership, and addresses the following within City Code 13-4-9 F: 1. Maintenance and Design Criteria; To meet Section 13-4-9(F) of the city code requiring maintenance and administration, we have defined a district and incorporated restrictions for the shoreland overlay within a first amendment to the Homeowners Association (HOA) declaration recorded with the initial phase. These restrictions preserve the open space areas through; restricted uses in the shore impact zone areas and requiring approvals for alterations in those areas, permanent easements over wetlands, wetland buffers and floodplains, and • dedication ofparkland to the city �DJ © The HOA restriction will require approval by the HOA's Architectural Control Committee similar to the process set forth in Phase I governing the steep slopes and bluff areas. This has been effectively managed in Phase I as building permits are first required to be reviewed and approved by the HOA for compliance with this criteria prior to being submitted to the City accompanied by an HOA approval letter. The specific language governing these activities can be seen in the original Declaration and in Section 10 of the attached HOA Amendment document specifically addressing the Shoreland requirements of "Lake Lots ". 2. Open Space Requirements: Planned Unit Developments must contain open space; To meet Section 13-4-9(F) of the city code Open Space Requirements, and as an offset to the requested f exibility, the proposed layout dedicates nearly 50 acres of upland area comprising roughly half of the shoreland of this lake as dedicated open space. The net effect of this approach is a more effective allocation of the density to the east side, and a relatively similar impact to the lake in terms of units abutting the shoreland. The dedicated open space will ensure access between the southern portions of the project and Martin's Meadows Open Space ensuring access and enjoyment of the lake for the broader community. © This open space includes the following: • Preservation of at least seventy percent (70116) of the shore impact zone area will remain in its existing natural state. • An upland open space area that preserves at the western portion of unnamed lake #2-87W as shown on PUD Development Plan. This area is expected to contain passive uses and remain in its natural state with hiking/walking trails connecting neighborhoods north and south of this area. 3. Erosion Control And Storm Water Management; and To meet Section 13-4-9(F) of the city code Open Space Requirements Erosion Control and Storm Water Management, the proposed layout and engineering specifications call for Low Impact Designs, and natural stormwater management system consisting of natural treatment swales and infiltration basins. Erosion and sedimentation control will be managed through proven measures reviewed, approved, and inspected by City and Watershed agencies. 4. Centralization And Design Of Facilities. © To meet Section 13-4-9(F) of city code Centralization and Design of Facilities, the layout calls for the use of individual wells and individual © septic systems. Publicly owned water and sewer services are not available in this area, nor are they anticipated. The current design provides two areas of 5, 000 square feet for potential septic drain fields that have been reviewed, tested, and selected by a Minnesota Licensed Septic Professional. These locations were selected as they are the most suitable areas for standard systems. Individual systems will be the responsibility of the individual lot owners who shall be responsible for inspection, maintenance, and replacement of these systems. A centralized system is not available in this area and other communities have experienced issues resulting in a loss ofresponsibility by individual users to maintain centralized systems. 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/Planned Unit Development request on the above legally described property for PUD DEVELOPMENT PLAN PHASE 2 PETERSEN FARMS DATED 08.19.2020 with the following conditions: 1. The developer shall amend this PUD to include any future preliminary plat(s). The lot width shall not be less than 100 feet at the front yard setback. 2. Master Plan shall be now amended to represent Phase 2 and Future Phases. 3. The developer shall amend this PUD to include any Future Phase changes. 4. The lot size shall not be less than 1.50 acres in size. ® 5. Each lot shall have a minimum of 1 acre of property that is not bluff or wetland. 6. The definition of Minimum Net Land Area shall now also exclude: major ponding, floodplain. 7. Lots Identified in Lot Area Calcs — Upland — PETERSEN Farms DATED 08.19.2020 shall be permitted to be under 1 acre due to the unique challenges that floodplain have caused within Phase 2. 8. The overall density for the entire Master Planned Development shall not exceed .40 units per acre. 9. Developer shall provide a 50' ROW with additional drainage and utility easements for roadways with the exception of the MSA designated route within the development. 10. The MSA designated route shall meet MSA requirements. 11. Developer shall be responsible for meeting Anoka County Highway Departments comments. 12. Developer shall be responsible for meeting the Lower Rum River Watershed Management Organization comments. 13. Local roadways shall be "Low Impact Development" in nature (27' asphalt width, with 18-inch ribbon curb on both sides). 14. Developer shall adhere to platting process and meet requirements and items identified through that process. 15. Roadways shall be extended to the edge of the plat. 16. Developer shall address to the satisfaction of staff, comments in Engineers Letter Qdated August 25, 2020, with the exception of comment #4 in Engineering Review #1. 17. Developer shall address to the satisfaction of staff, a secondary access to the Phase 1 Preserve at Petersen Farms. 18. Developer shall meet all requirements of Andover City Code 13-4-F with the exception of centralized septic and water. 19. Applicant shall deed the 46-acre open space lot to the City of Andover as agreed to by the terms and conditions of the City Council and recommendation by the Parks and Recreation Commission in future phase. 20. All other terms and conditions in the original approval, and past amendment shall be valid, unless specifically addressed within this resolution. Adopted by the City Council of the City of Andover on this 11' day of September, 2020. CITY OF ANDOVER ATTEST: J ie Trude, Mayor � Mi elle Hartner, Deputy City Clerk E \J © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R065-20 A RESOLUTION GRANTING THE VACATION OF DRAINAGE AND UTILITY EASEMENT AT 16523 ORCHID STREET NW AND 3290 165TH LANE NW, TIMBER MEADOWS 2ND ADDITION, PINS 08-32-24-44-0011, 08-32-24-44-0012, and 17-32-24-I1- 0012) LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: That part of the drainage and utility easement originally dedicated on the plat of TIMBER MEADOWS SECOND ADDITION, Anoka County, Minnesota described as follows: That part of the westerly 10 feet of Lot 16, Block 4, said TIMBER MEADOWS SECOND ADDITION, which lies southerly of the northerly 10 feet and northerly of the southerly 10 feet of said Lot 16. That part of the easterly 10 feet of Lot 15, Block 4, said TIMBER MEADOWS SECOND ADDITION, which lies southerly of the northerly 10 feet and northerly of the southerly 10 feet of said Lot 15. WHEREAS, the property owners have 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. Approval of the Vacation of Drainage and Utility Easement is contingent upon approval and recording of a Dedication of Drainage and Utility Easement following the revised property line. 2. The vacation of easement shall be recorded with Anoka County as shown on "Exhibit A". 3. The City Council accepts the proposed Drainage and Utility Easements as shown on Exhibit A and described on Exhibit B Adopted by the City Council of the City of Andover on this 1" day of September 2020. ATTEST CITY OF ANDOVER © Michelle Harmer, Deputy City Clerk J4'orude, Mayor 0 C 0 CERTIFICATE OF SURVEY -for- DEAN AND MARY SCOTT & -for- DAYTON AND KIM JAHN - -of- 16523 ORCHID STREET -of- 3290165TH LANE NW ANDOVER, MN ANDOVER, MN m,uweuvu m ,= �� i ev - evaYwt .eF'y _\ _______ - -- EXISTING LEGAL 0ESC01PTI0NS: Imowi wxwl muev.w�.. i +•.� 'd� 'i �. �'-^\ 2xx.w� z 4 i gpJy LEGEND ----------------------------------------- PROPOSED LEGAL DESCRIPTIONS: a ........,°.a. �9,,. NOTES....,...,._...................._._...._..,..4._.........,»..�.y....._.............�-.. ° Professional LanONS exrs ....,.... ""��°.........rv.o......._...„....e....,...°....e....wm,.W 6776 Lake Drive NE Suite 110 Lino Lakes. MN 55d14 ^+^•.-.^,...'W.......,.®...^^.A....+^......++-.-..,..-.-.•w-.+.+.v,•W.• IN EXHIBIT B © A 20-foot wide drainage and utility easement over and across Lots 15, 16, and 16A, Block 4, TIMBER MEADOWS SECOND ADDITION, Anoka County, Minnesota. The centerline of said easement is described as follows: Beginning at the southwest corner of said Lot 16, Block 4; thence on an assumed bearing of South 88 degrees 56 minutes 04 seconds East, along the south line of said Lot 16, Block 4, a distance of 93.36 feet; thence North 46 degrees 13 minutes 22 seconds West a distance 229.38 feet; thence South 89 degrees 43 minutes 34 seconds West a distance of 91.65 feet; thence North 45 degrees 32 minutes 05 seconds West a distance of 41.13 feet; thence North O degrees 47 minutes 45 West a distance of 146.55 feet to the northeast corner of said Lot 15, Block 4, and said centerline there terminating. H X H H X CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R064-20 A RESOLUTION ACCEPTING CARES ACT GRANT FUNDING FOR ELECTIONS WHEREAS, the City Council of Andover hereby acknowledges that the sum of $16,327.55 will be provided by the County to the municipality under the CARES Act Grant to which the County is the Grantee, and the municipality acknowledges that it is subject to the provisions of paragraphs I through 5, 7 through 11 and 13 through 15 of the 2020 CARES Act Grant Agreement as if it were the Grantee; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby accepts CARES Act Grant funding for elections. Adopted by the City Council of the City of Andover this 1" day of September 2020. Attest: qMille Hartner —Deputy City Clerk CITY OF ANDOVER li Trude — Mayor H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R063-20 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS FIRE DEPARTMENT EQUIPMENT. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $2,500.00 contribution from CenterPoint Energy is to be used towards Fire Department Equipment. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards Fire Department Equipment. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 1st day of September 2020, with Councilmembers Trude, Barthel, Bukkila Butler and Holthus voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: Michelle H*nerDeputyCity Clerk CITY OF ANDOVER v Ju a rude - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062-20 MOTION by Council member Bukkila to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR IMPROVEMENT OF PROJECT NO. 20-17, PUBLIC WORKS PAVEMENT RECONSTRUCTION WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 053-20 dated August 4 , 2020, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Contractor Bid Amount North Valley, Inc. $219,830.37 Douglas -Kerr Underground, Inc. $226,450.10 New Look Contracting, Inc. $248,293.00 Engineei's Estimate $229,755.00 © 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 $ 219,830.37 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 1st day of September , 2020 , with Council members Bukkila. Barthel, Holthus, Butler Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. © ATTEST: CITY OF ANDOVER Juli T ud�e Mayor Mic elle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 061-20 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. 20-16, 2020 MILL & OVERLAY -WOODLAND ESTATES 1ST & 2ND ADDITIONS. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement of Project 20-16 amount to $525,864.01 , the expenses incurred or to be incurred in the making of such improvement amount to $54,836.16 so that the total project costs of the improvement are $580,700.17 . 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 $459,869.87 , and the amount to be assessed against benefited property owners is declared to be $120,830.30 . 2. Assessments shall be payable in equal annual installments extending over a period © of 5 years. The first of the installments to be payable on or before the 1st Monday in January 2021, 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 Barthel and adopted by the City Council at a regular meeting this 1st day of September , 2020, with Councilmembers Bukkila, Barthel, Holthus, Butler, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER © ATTEST: Juli r de -Mayor Ielle� Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 060-20 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. 20-15, 2020 MILL & OVERLAY -MARTIN STREET NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement of Project 20-15 amount to $161,691.26 , the expenses incurred or to be incurred in the making of such improvement amount to $35,218.00 so that the total project costs of the improvement are $196,909.26. 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 $153,164.64 , and the amount to be assessed against benefited property owners is declared to be $43,744.62 . 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 1st Monday ® in January 2021, 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 Barthel and adopted by the City Council at a regular meeting this 11 day of September , 2020, with Councilmembers Bukkila, Barthel, Holthus, Butler, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Juli ude - Mayor Miclhelle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA Q STATE OF MINNESOTA RES. NO. 059-20 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. 20-14, 2020 MILL & OVERLAY -JAY STREET NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement amount to $392,086.32, the expenses incurred or to be incurred in the making of such improvement amount to $64,327.82 so that the total project costs of the improvement are $456,414.14 . 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 $357,345.19 , and the amount to be assessed against benefited property owners is declared to be $99,068.95 . 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 1st Monday in January 2021, 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 Barthel and adopted by the City Council at a regular meeting this 1st day of September , 2020, with Councilmembers Bukkila, Barthel, Holthus Butler Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: t/.� JUli T ude - Mayor Mi helle Hartner — Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R058-20 A RESOLUTION GRANTING AN INTERIM USE PERMIT FOR MINING AND LAND RECLAMATION AT PID# 17-32-24-21-0002, PID# 17-32-24-12-0004, PID# 17-32-24-12- 0002, LEGALLY DESCRIBED AS: NE 1/4 OF NW 1/4 OF SEC 17 TWP 32 RGE 24 TOG/WTH THAT PRT OF NW 1/4 OF NE 1/4 OF SD SEC LYG SLY OF N 673.18 FT THEREOF & LYG WLY OF WLY R/W LINE OF TULIP ST, EX RD, SUBJ TO EASE OF REC WHEREAS, the applicant, requested an interim use permit for the mining and land reclamation of up to 10,000 cubic yards of soil; and, WHEREAS, the Planning and Zoning Commission held a public hearing on August 12, 2020; 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 mining and land reclamation of up to 10,000 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. 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. Including obtaining an approved grading 10 plan from the City Engineering Department. © 9. Any future mining or land reclamation with fill in excess of 400 cubic yards shall require a new IUP. 10. Permit shall expire on November 1, 2021. Adopted by the City Council of the City of Andover on this 18th day of August 2020. CITY OF ANDOVER ATTES/Tn:.-�'/�� J i Trude, Mayor Midhelle Hartner, Deputy City Clerk C 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R057-20 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ACCEPTING CONTRIBUTIONS MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE FIRE DEPARTMENT'S Fire prevention and safety training of Children. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $300.00 contribution from Joyce Noyes and Sharon Copeland is to be used towards the Fire Department's Fire and safety training of children. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the Fire Department's Fire prevention and safety training of Children. MOTION seconded by Councilmember Holthus and adopted by the City Council at a regular meeting this 18th day of August 2020, with Councilmembers Trude, Barthel, Butler and Holthus voting in favor of the resolution, and Councilmembers Bukkila (absent) voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner - Deputy City Clerk CITY OF ANDOVER '- Mayor Trucle CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R056-20 A RESOLUTION GRANTING THE VACATION OF DRAINAGE AND UTILITY EASEMENT AT 16523 ORCHID STREET NW AND 3290 165TH LANE NW, TIMBER MEADOWS 2No ADDITION, PINS 08-32-24-44-0011, 08-32-24-44-0012, and 17-32-24-11- 0012) LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: That part of the drainage and utility easement originally dedicated on the plat of TIMBER MEADOWS SECOND ADDITION, Anoka County, Minnesota described as follows: That part of the westerly 10 feet of Lot 16, Block 4, said TIMBER MEADOWS SECOND ADDITION, which lies southerly of the northerly 10 feet and northerly of the southerly 10 feet of said Lot 16. That part of the easterly 10 feet of Lot 15, Block 4, said TIMBER MEADOWS SECOND ADDITION, which lies southerly of the northerly 10 feet and northerly of the southerly 10 feet of said Lot 15. WHEREAS, the property owners have 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. Approval of the Vacation of Drainage and Utility Easement is contingent upon approval and recording of a Dedication of Drainage and Utility Easement following the revised property line. 2. The vacation of easement shall be recorded with Anoka County as shown on "Exhibit A". 3. The City Council accepts the proposed Drainage and Utility Easements as shown on Exhibit A and described on Exhibit B Adopted by the City Council of the City of Andover on this 4th day of August 2020. ATTEST, CITY OF ANDOVER c © i belle Harmer, Deputy City Clerk (I Trude, Mayor L�"J u n CERTIFICATE OF SURVEY -for- DEAN AND MARY SCOTf & -for- DAYTON AND KIM JAHN -of- 16523 ORCHID STREET -of- 3290165TH LANE NW ANDOVER, MN ANDOVER,MN mruuneaw. � ®�ne"orae es+oD' � •.' EXISTING LEGALDESCRIPTIONS: LEGEND ------------------ PROPOSED LEGAL DESCRIPTIONS: NOTES..,.......,..»......,......,............,....,,._..«..._.«�......,..,..s..W,.......•».. ....«.,.....�. s Professional Land Surveyors ,....,, U76 Lake Drive NE Suite 17o Lino Lakes. MN 55074 ^.^•.-^+...•r,*•^...^m.,m^.,.......-,»•.-.+•«.--+.+w....•..•..r,. .eon—�...,.. (Sz H S EXHIBIT B © A 20-foot wide drainage and utility easement over and across Lots 15, 16, and 16A, Block 4, TIMBER MEADOWS SECOND ADDITION, Anoka County, Minnesota. The centerline of said easement is described as follows: Beginning at the southwest corner of said Lot 16, Block 4; thence on an assumed bearing of South 88 degrees 56 minutes 04 seconds East, along the south line of said Lot 16, Block 4, a distance of 93.36 feet; thence North 46 degrees 13 minutes 22 seconds West a distance 229.38 feet; thence South 89 degrees 43 minutes 34 seconds West a distance of 91.65 feet; thence North 45 degrees 32 minutes 05 seconds West a distance of 41.13 feet; thence North O degrees 47 minutes 45 West a distance of 146.55 feet to the northeast corner of said Lot 15, Block 4, and said centerline there terminating. L: J u u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R055-20 A RESOLUTION DECLARING A DOG OWNED BY JAMIE GANGAWARE, 13934 IVYWOOD STREET NW, ANDOVER, MN, AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-lA-8. WHEREAS, an American Terrier named Max owned by Jamie Gangaware, 13934 Ivywood Street NW, Andover has bitten two human beings; and WHEREAS, on July 6, 2020 said dog bit a woman walking her dog; and WHEREAS, on July 22, 2020 said dog left its property and bit a woman walking in the street; 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 an © American Terrier named Max owned by Jamie Gangaware, 13934 Ivywood Street NW, Andover MN as a "dangerous dog" in the City of Andover pursuant to City Code Title 5, Chapter, 1 Section 5-lA-8. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Jamie Gangaware a copy of the resolution. Adopted by the City Council of the City of Andover this 4ch day of August, 2020. CITY OF ANDOVER Attest: 0,1)4V J ie Crude — Mayor qa&aaonLkvv , Mic elle Hartner — Deputy City Clerk XF C CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 054-20 MOTION by Councilmember Barthel to adopt the following A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 20-3, 2020 Crack Sealing . WHEREAS, the City of Andover has a contract for Project No.20-3 2020 Crack Sealing with Northwest Asphalt Maintenance of Thief River Falls, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order #1 to Project No. 20203. © Adopted by the City Council of the City of Andover this 4th day of August , 2020. CITY OF ANDOVER ATTEST: 0 Ju'e rude -Mayor 'Miaielle Hartner — Deputy City Clerk n CI CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 053-20 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 20-17,PUBLIC WORKS PAVEMENT RECONSTRUCTION. WHEREAS, pursuant to Resolution No. 097-19 , adopted by the City Council on the 19th day of November, 2019, the City Engineer has prepared final plans and specifications for Project No. 20-17 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of August , 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. © BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , August 26, 2020 at the Andover City Hall. MOTION seconded by Councilmember Bukkila and adopted by the City Council at a regular meeting this 4th day of August , 2020 , with Councilmembers Barthel, Bukkila, Trude. Holthus (absent), Butler voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J i Trude - Mayor © 'Michelle Hartner — Deputy City Clerk H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R052-20 A RESOLUTION APPROVING THE FINAL PLAT OF "CATCHER'S CREEK WEST" FOR PROPERTY LEGALLY DESCRIBED AS: That part of the Southwest Quarter of the Northeast Quarter, Section 26, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Northeast Quarter; thence East along the South line of said Southwest Quarter of the Northeast Quarter to a point which said point is 479 feet West of the center line of the Burlington Northern Inc. railroad right of way as the same is now constructed across said Northeast Quarter which is the actual point of beginning of the tract to be described; thence continuing East along the South line of the Southwest Quarter of the Northeast Quarter to a point on the South line which is 100 feet West of the center line of the Burlington Northern Inc. railroad right of way as the same is now constructed across said Northeast Quarter; thence North parallel with said railroad right of way a distance of 550 feet; thence West parallel with said South line to a point of intersection with a line parallel with and distant 479 feet West from the center line of the Burlington Northern Inc. railroad right of way as the same is now constructed across said Northeast Quarter; thence South and parallel with said centerline of the Burlington Northern Inc. railroad right of way 550 feet to the point of beginning. WHEREAS, the City Council has approved the preliminary plat for the project to be known as "Catchers Creek West"; and WHEREAS, the Developer has presented a final plat of Catchers Creek West and it is consistent with the approved preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Catchers Creek West contingent upon the following: 1) The plat shall conform to the final plat stamped received by the City of Andover on July 14, 2020. 2) Separate Vehicle Maintenance Access Agreements shall be provided over, under, and across the following lots: Block I Lot 3; Block 2 Lot 2; Block 2 Lot 3 which must be approved by the City Attorney and recorded at the County with the final plat. 3) Separate Temporary Roadway, Drainage and Utility Agreements for the temporary Cul-de-sacs shall be provided over, under, and across the following lots: Block 1 Lot 3 which 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. Payment shall be made to the city as per the Assessment Agreement. 5) Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 6) Title Commitment and final plat must be approved by the City Attorney. Adopted by the City Council of the City of Andover this 21" day of July 2020. ATTEST: CITY OF ANDOVER *icellekHaer,Deputy City Clerk Jul' T td� M Mayor X0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 051-20 A RESOLUTION DESIGNATING NO PARKING ALONG WINTERGREEN STREET NW WITHIN THE DEVELOPMENT OF COUNTRY OAKS NORTH 4TH ADDITION. WHEREAS, no parking will be allowed along both sides of Wintergreen Street NW from the south end of the development to the north end of the plat in Country Oaks North 4th Addition; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking the no parking zone. Adopted by the City Council of the City of Andover this 21st day of Jul_, 2020. S ATTEST: Wio�tielle Hamner— Deputy City Clerk ❑# 0)7'� J li Trude - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R050-20 A RESOLUTION APPROVING A LAND TRANSFER BETWEEN THE CITY AND T- SQUARED STORAGE, A PORTION OF THE PROPERTY LOCATED AT 13535 GROUSE STREET NORTHWEST, PIN 12-32-24-41-0014, AND LEGALLY DESCRIBED AS: RLS No. 286, Tract B AND THE EASTERN 16 FEET OF THE CITY OWNED PROPERTY, PIN 34-32-24-41-0018, AND LEGALLY DESCRIBED AS: RLS No.286, Tract C WHEREAS, the applicants have requested approval of a Registered Land Survey to facilitate the division and transfer of certain portion of the aforementioned lots at the properties located at 13535 Grouse Street Northwest, PIN 12-32-24-41-0014, and a City owned property that does not have an assigned address, PIN 34-32-24-41-0018, and; WHEREAS, the applicant proposes to transfer a new parcel subdivided from PIN 12-32-24-41- 0014, and shown as TRACT B on RLS No. 286, to the City of Andover; and © WHEREAS, the City in turn would transfer a new parcel subdivided from PIN 12-32-24-41- 0018, and shown as TRACT C on RLS No. 286, to the applicant; and WHEREAS, the newly acquired parcel shown as Tract B, would be encumbered by Drainage and Utility Easements and could serve the same purpose as Tract C; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, the City Council finds the request is in the best interest of the city to promote redevelopment of the adjacent property; and WHEREAS, the City Council finds the proposed land transfer would request is in the best interest of the city to promote redevelopment of the adjacent property; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the land transfer, of the tracts legally described above subject to the following; 1. This approval is contingent upon approval of the vacation of a Drainage and Utility Easement from City Resolution No. R027-20 and the approval of a Registered Land Survey No. 286 approved by City Resolution No. R028-20. If either of those items fail to be approved by the City or fail to be recorded with Anoka County, approval of the land © transfer shall be null and void. 2. This resolution shall be recorded with Anoka County at the time the Registered Land Survey No. 286 and Vacation of Drainage and Utility Easement of Tract C (not including the Northern States Power Company powerline easement) are recorded with Anoka © County. 1. A grading and erosion control plan must be submitted to the City at the time of building permit submittal. 2. All required permits must be obtained from the Coon Creek Watershed District and the Anoka County Transportation Department prior to the issuance of a building permit. 3. The Land Transfer is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 4. All costs associated with the Registered Land Survey and land transfer shall be covered by ABC Mini Storage owner/operator T Squared Storage. 5. The Mayor is hereby authorized to sign the deed for the proposed land transfer. Adopted by the City Council of the City of Andover on this 7a' day of July 2020 ATTEST, CITY OF ANDOVER Mi bell�Hner, Deputy City Clerk li Trude, Mayor HE H IX CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R049-20 A RESOLUTION APPOINTING JUDGES TO SERVE AT THE AUGUST 11, 2020 PRIMARY ELECTION IN THE CITY OF ANDOVER. WHEREAS, the City Council is required by State Statute to appoint election judges to serve at the August 11, 2020 Primary Election. WHEREAS, the City Council will allow the City Clerk to appoint substitution election judges if necessary. NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as election judges as listed on Attachment A at the August 11, 2020 Primary Election. Adopted by the City Council of the City of Andover this 71h day of July, 2020. Attest: CITY OF ANDOVER Mic elle Hartner-Deputy City Clerk li Trude — Mayor n U C� J Judge Board Report, 2020 Statewide Election Primary Election, Tuesday, August 11, 2020 Andover P-1 P-1 Hope Lutheran Church, 16180 Round Lake Blvd NW, Andover, MN 55304 Linda Nelson, Assistant Head Judge Donna Turnbom, Assistant Head Judge Sharon Cramer, Election Judge George Hoist, Election Judge Marguerite Kelley, Election Judge Carol Moeller, Election Judge Heather Odell, Election Judge Andrea Schulz, Election Judge Andover P-10 P-10 Andover Elementary School, 14950 Hanson Blvd NW, Andover, MN 55304 Nicole Iskierka, Head Judge Rose Lundequam, Assistant Head Judge Larry Rolf, Assistant Head Judge William Bonin, Election Judge Shirley Brantingham, Election Judge Teresa Horton, Election Judge Noel LaBine, Election Judge Rhonda Mengelkoch, Election Judge Linda Olson, Election Judge Stephen Ritter, Election Judge Carol Vevea. Election Andover P-2 P-2 Grace Lutheran Church, 13655 Round Lake Blvd NW, Andover, MN 55304 Angel Bourque, Head Judge Julie Finco, Assistant Head Judge Craig Bakken, Election Judge Jaqlyn Darling, Election Judge Linda Evavold, Election Judge Cortnee Hansen, Election Judge Cyril Larson, Election Judge Marqaret Miller, Election Judqe Andover P-3 P-3 Riverdale Assembly of God Church, 3210 Bunker Lake Blvd NW, Andover, MN 55304 Susan McBride, Head Judge Michael Casey, Assistant Head Judge Judy Berry, Election Judge Paula Foley, Election Judge Kevin Frazier, Election Judge Bev Jovanovich, Election Judge Randy Miller, Election Judge Andover P-4 P-4 Crooked Lake Elementary School, 2939 Bunker Lake Blvd NW, Andover, MN 55304 Mark Howard, Head Judge Paul Kelley, Election Judge Kay Klemetsen, Election Judge Q Kathleen Lafferty, Election Judge Laura Sargent, Election Judge Lois Spadgenske, Election Judge ATTACHMENT A Printed: 6/30/2020 12:53 PM Page 1 of 2 Judge Board Report, 2020 Statewide Election © Loretta Sunderland, Election Judge Andover P-5 P-5 Andover Christian Church, 16045 Nightingale ST NW, Andover, MN 55304 Suzanne Peach, Head Judge Peggy Conner, Assistant Head Judge Kari Wheeler, Assistant Head Judge Mary Gerrety, Election Judge Winifred Hanson, Election Judge Gary Nelson, Election Judge Diana Ramseyer, Election Judge Mary Steinke Dean, Election J Andover P-6 P-6 Prairie Oak Community Church, 1657 161st Ave NW, Andover, MN 55304 Bruce Crane, Head Judge Tracy Strombeck, Assistant Head Judge Barry Cenaiko, Election Judge Gary Horning, Election Judge William Obedoza, Election Judge Sharon Saxon, Election Judge Lucy Schalwig, Election Judge Douglas Soltis, Election Judge Mary White, Election Judqe Andover P-7 P-7 Andover Community Center, 15200 Hanson Blvd NW, Andover, MN 55304 John Wolf, Head Judge Richard Lindmark Jr, Assistant Head Judge Lois Fritz, Election Judge Debra Jones, Election Judge Elizabet Lantz, Election Judge Harriet Lantz, Election Judge Jennifer Tatur, Election Judge Ann Tepoorten, Election JudgE P-8 Andover Community Center, 15200 Hanson Boulevard, Andover, MN 55304 Jody Rieck, Head Judge Les Lantz, Assistant Head Judge June Anderson, Election Judge Marina Bressler, Election Judge Rene Ferrazzi, Election Judge Jan Klinsing, Election Judge Doreen Sampson, Election Judge Cynthia Wilhelm, Election Judge Andover P-9 P-9 Bunker Hills Activity Center, 550 Bunker Lake Blvd NW, Andover, MN 55304 Brigette Meeker, Head Judge Robert Poelstra, Assistant Head Judge Clarence Castile, Election Judge Judy Lestina, Election Judge John Pedersen, Election Judge © Teresa Rolf, Election Judge Mary Vander Lean, Election Judge Printed: 613012020 12:53 PM Page 2 of 2 ,J X H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 048-20 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ACCEPTING A DONATION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE LABOR AND MATERIALS FOR IMPROVEMENTS OF TWO SHELTERS AT TIMBER RIVER PARK. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the labor and materials donation from Legacy Restoration is to be used towards the repairs of two shelters at Timber River Park. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation, which is to be used towards the repair of two shelters at Timber River Park. MOTION seconded by Councilmember Butler and adopted by the City Council at a regular meeting this 7th day of July , 2020, with Councilmembers Barthel, Butler, Trude, Holthus Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: 4i4e&1IeHa4nerer -Deputy City Clerk CITY OF ANDOVER li Trude - Mayor CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 047-20 MOTION by Councilmember Butler to adopt the following: A RESOLUTION RECEIVING ASSESSMENT ROLL AND ADOPTING ASSESSMENT ROLL FOR PROJECT NO. 20-33 3522 —142ND AVENUE NW. WHEREAS, the property owner has waived their right to a public hearing (assessment hearing) as approved at the May 19, 2020 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 5 years, the first of the installments to be payable on or before the first Monday in January 2021 and shall bear interest at the rate of 4_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, 2025. 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 Barthel and adopted by the City Council at a regular meeting this 2nd day of June . 2020, with Councilmembers Butler, Barthel, Trude Bukkila (absent) Holthus (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: c ( J e rude - Mayor Michbile Hartner — Deputy City Clerk DocuSign Envelope ID: F5594FOB-4547-44A2-AA86-llE30081DDOE CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RESOLUTION NO. R046-20 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF ANDOVER ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Andover on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension, and the City of Andover on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the Joint Powers Agreement are attached to this Resolution and made a part of it. 2. That the City Administrator, Jim Dickinson, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 3. That the City Attorney, Scott Baumgartner, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 4. That Julie Trude, the Mayor for the City of Andover, and Michelle Hartner, the Deputy City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 191h day of May 2020. CITY OF ANDOVER By: <J Trude Its M yo ATTESST By: Michelle Hartner Its Deputy City Clerk H DocuSign Envelope ID: F5594FOB-454744A2-AA86-11E30081DDOE SWIFT Contract # 131908 MN002059A STATE OF MINNESOTA © JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension (BCA") and the City of Andover on behalf of its Prosecuting Attorney ("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Q Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer -to -computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. DocuSign Envelope ID: F5594FOB4547-44A2-AA86-11 E30081DDOE SWIFT Contract # 131908 NM002059A 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies, © regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at fts://boanextest.x.state.mn.us/laungh 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at bLtps://sps.x.state.mn.us/sites/bcaservicecatalog(default.asp Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at httns://dps.mn.gov/divisionsibea/bca- divisions/mnjis/Documents/BCA-Policon—AAppropriate-Use-of-Systems-and-Data pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducteda. particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA's © transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must DocuSign Envelope ID: F5594FOB-4547-44A2-AA86-11E30081DDOE SWIFT Contract # 131908 NIN002059A keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to © occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint -based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3. Payment The Agency understands there is a cost for access to the criminal justice data communications network described in Q Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. Agency will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Agency will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Scott Baumgartner, City Attorney, 2140 4" Avenue N, Suite 5, Anoka, MN 55303, (763) 427-8877, or his/her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision © or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. DocuSign Envelope ID: F5594FOB-4547-44A2-AA86-11 E30081DDOE SWIFT Contract # 131908 MNO02059A 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or © liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. Audits 7.1 Under Minn. Star. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Star. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of © Minn. Stat. § § 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Star. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defired in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. © 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Agency's internal discipline processes, including those governed by a DocuSign Envelope ID: F5594FOB-454744A2-AA86-11E30081DDOE SWIFT Contract # 131908 MN002059A collective bargaining agreement. © 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's © Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rats basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. © 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and IO.Venue. DocuSign Envelope ID: F5594FOB-454744A2-AA86-11E30081DDOE SWIFT Contract # 131908 The parties indicate their agreement and authority to execute this Agreement by signing below. MN002059A ©I. AGENCY Name: Julie Trude -^c Signed: Title: Mayor (with delegated authority) Date: . /�)• a-AOQt7 Name: Michelle Harmer Signed: Title: Deputy City Clerk (with delegated authority) Date: 6 - a ' a a aO H H 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Dana L GotZ Name: _ DocuSigned by: PF{1fIITEA OL b C-4'� Signed: B49413DA85144EB... Deputy Superintendent Title: (with delegated authority) 6/5/2020 Date: 3. CO yS�� OE ADMINISTRATION delegat t�Merials agementDivision By. QA764199165348E... 6/8/2020 66353 DocuSign Envelope ID: F5594FOB-4547-44A2-AA86-11 E30081DDOE COURT DATA SERVICES SUBSCRIBER AMENDMENT TO © CJDN SUBSCRIBER AGREEMENT This Court.Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BC)V") and the City of Andover on behalf of its Prosecuting Attorney ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 131908, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for © Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. C, J DocuSign Envelope ID: F5594FOB-4547-44A2-AA86-11 E30081DDOE a. "Authorized Court Data Services" means Court Data Services that have © been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. 4 iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. C. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access © and use limitations. DocuSign Envelope ID: F5594FOB-4547-44A2-AA86-11E30081DDOE © f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. "Court" shall mean the State of Minnesota, State Court Administrator's Office. h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and © all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials © and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 DocuSign Envelope ID: F5594FOB-4547-44A2-AA86-11E30081DDOE required or authorized by law or court rule in connection with any civil, criminal, administrative, or Qarbitral proceeding in any Federal, State, or local court or agency or before any self -regulatory body. Subscriber's access to the Court Records for personal or non -official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. S. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self -regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without. limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. H DocuSign Envelope ID: F5594FOB-4547-44A2-AA86-11E30081DDOE 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the © term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." qW d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discem the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub -section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are perniitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the © restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. DocuSign Envelope ID: F5594F06-4547-44A2-AA86-11E30081DDOE © e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. L Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. © 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of. the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Courtfurther acknowledge that the liability, if any, of the BCA is governed by a ® separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. DocuSign Envelope ID: F5594FOB-4547-44A2-AA86-11E30081DDOE © 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log © identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision © 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the DocuSign Envelope ID: F5594FOB-4547-44A2-AA86-11E30081DDOE BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that.funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. © 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber DocuSign Envelope ID: F5594FOB-4547-44A2-AA86-11 E30081DDOE hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page "one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON -WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota: Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. DocuSign Envelope ID: F5594FOB-4547-44A2-AA86-llE30081DDOE 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: Julie Trade Signed: Title: Mayor (with delegated authority) Date: b ` 4 -a6ae N e: Michelle Hartner Signed: ` Title: Deputy City Clerk (with delegated authority) Date: ll) - 0 - a 0 at7 S 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Dana L GotZ Name: 1 (PIJ IaLI.A D) Signed: BA94130Ac85]44E8... Deputy Superintendent Title: (with delegated authority) 6/5/2020 Date: 3. CO1"SS�ONER OF ADMINISTRATION deleg a Ptoataeria s anagement Division a By: 5A786I9BIB5340E... Date: 6/8/2020 4. COURTS Authority granted to Bureau of Criminal Apprehension Judith rot. Strobel Name: RDoousf9nea a I MID) Signed: 787F9E388D454E4... Title: Senior Legal Analyst (with authorized authority) 6/5/2020 Date: CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 045-20 MOTION by Councilmember Bukkila to adopt the following: WHEREAS, the Municipality ofAndover is planning to implement Municipal State Aid Street Project(s) in 2020 which will require State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said municipality is prepared to proceed with the construction of said project(s) through the use of an advance from the Municipal State Aid Street Fund to supplement the available funds in their State Aid Construction Account, and WHEREAS, the advance is based on the following determination of estimated expenditures: Account Balance as of date 05/07/20 $ 0.00 Less estimated disbursements: SAP 198-118-005 (Jay Street Mill and Overlay) $395,000.00 SAP 198-020-037 (Hanson Blvd) $365,000.00 Less Project Finals (paid short) SAP 198-020-026 (Hanson / Tower Intersection) $ 86,351.86 SP 198-020-032 (71h Avenue) $ 11,491.10 SP 198-020-036 (Bunker Lake Blvd) $ 38,626.17 © SAP 198-124-002 (Nightingale Street) ($ 18,586.29) SAP 198-137-002 (Veteran's Memorial Blvd) $ 423,342.20 Advance Amount (rounded amount in excess of acct balance) $1,300,225.04 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. 10b, and WHEREAS, the Municipality acknowledges advance funds are released on a first -come -first -serve basis and this resolution does not guarantee the availability of funds. NOW, THEREFORE, Be It. Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the Municipality of Andover in an amount up to $ 1,300,225.04. 1 hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said Municipality from future year allocations until fully repaid. I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the Municipality of Andover, County of Anoka, State of Minnesota, at a duly authorized Municipal Council Meeting held in the Municipality of Andover, Minnesota on the 15th day of July, 2014, as disclosed by the records of said Municipality on file and of record in the office. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 19'h day of May 2020 , with Councilmembers Bukkila, Barthel, Trude, Butler. Holthus voting in favor of the resolution, and Councilmembers none voting 0 against, whereupon said resolution was declared passed. ATTEST, .��� KL.Q(liLV/yll� Michelle Hartner — Deputy City Clerk CITY OF ANDOVER J ie rude - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 044-20 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 20-18, PRAIRIE KNOLL PARK NORTH PARKING LOT. WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Prairie Knoll Park North Parking Lot, Project 20-18; and BE IT FURTHER RESOLVED by the City Council to hereby direct City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 1 gth day of May 2020, with © Councilmembers Bukkila, Barthel, Butler, Holthus, Trude 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 Micl elle Hartner — Deputy City Clerk n U © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 043-20 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION, WAIVE PUBLIC HEARING, ORDER AND APPROVE FEASIBILITY REPORT AND ORDER ASSESSMENT ROLL FOR THE IMPROVEMENTS OF WATER MAIN, PROJECT NO. 20-33 IN THE AREA OF 3522 - 142"d AVENUE NW. WHEREAS, the City Council has received a petition, dated May 1, 2020, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. WHEREAS, the City Engineer has found the improvements to be feasible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to approve the feasibility report, waive public hearing and order the preparation of the assessment roll. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 19th day of May, 2020, with Councilmember Bukkila, Barthel, Butler, Holthus, Trude voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk ❑i CITY OF ANDOVER i Trude - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R042-20 A RESOLUTION APPROVING A TIME EXTENSION FOR THE PRELIMINARY PLAT FOR "CATCHER'S CREEK WEST" FOR PROPERTY LEGALLY DESCRIBED AS; THAT PRT OF SW1/4 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 100FT 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, the original preliminary plat approval occurred on May 7, 2019; and WHEREAS, Mark Smith has requested approval of an additional twelve month extension of time to allow them to submit a Final Plat on the property known as Catchers Creek West; and WHEREAS, the granting of a twelve month time extension 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 previously held pursuant to state statutes; and WHEREAS, all original conditions found in CITY OF ANDOVER RES. NO. 044-19 shall remain in effect; and NOW, THEREFORE, BE IT RESOLVED, the City Council finds that there are reasons to support granting an additional XXX month time extension to the time allowed to complete the requirements of the preliminary plat that had previously been approved. Adopted by the City Council of the City of Andover on this 21 st day of April, 2020. CITY OF ANDOVER J re Trude, Mayor ATTEST: qm4ielle Harmer, City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R041-20 A RESOLUTION EXTENDING THE DECLARATION OF EMERGENCY FOR THE CITY OF ANDOVER, MINNESOTA CORONAVIRUS DISEASE 2019 (COVID-19) WHEREAS, the virus named "SARS-CoV-2," is a new strain of coronavirus that has not previously been identified in humans and can easily spread from person to person and which causes a disease named "Coronavirus Disease 2019," commonly known as "COVID-19," which is a respiratory disease that can result in serious injury or death; and WHEREAS, on January 21, 2020 the first case of COVID-19 was detected in the United States; on March 6, 2020 the first case of COVID-19 was detected in the State of Minnesota; and as of March 16, 2020, there are fifty-four known cases of COVID-19 in Minnesota, including cases in Anoka County; and WHEREAS, on January 31, 2020, the United States Department of Health and Human Services Secretary Alex Azar declared a public health emergency for COVID-19, beginning on January 27, 2020; and WHEREAS, on March 13, 2020, President Donald Trump declared that the COVID-19 outbreak in the United States constitutes a National Emergency; and WHEREAS, on March 13, 2020, Governor Tim Walz declared a Peacetime State of Emergency to authorize all necessary resources to be used in support of the COVID-19 response; and WHEREAS, as of March 15, 2020 the World Health Organization Situation Report confirmed a total of 153,517 cases of COVID-19 in over 135 countries, including 5,735 deaths; and as of March 16, 2020 a total of 54 cases of COVID-19 have been reported in Minnesota including three to five (3 to 5) potential cases in Anoka County; and WHEREAS, on March 17th the Andover City Council ordered a declaration of emergency for the City of Andover, Minnesota Resolution RES-035-20 and ordered it to continue until April 7, 2020, unless further extended by or with the consent of the City Council pursuant to Minnesota Statutes, Section 12.29, subd. 1; and WHEREAS, on March 20`h Governor Tim Walz's Executive Order 20-20 directed all Minnesotans to Stay at Home in an effort to decrease the community spread of COVID-19; and WHEREAS, as of March 31, 2020 the Minnesota Department of Health reported 629 Positive COVI13-19 cases in Minnesota with 12 deaths and 23 positive COVID-19 cases reported in Anoka County; and © WHEREAS, COVID-19 has been identified by the World Health Organization as a pandemic, and the United States Centers for Disease Control has provided guidance for individuals, healthcare professionals, and businesses to slow the spread of COVID-19, which include © cancelling or postponing in -person events that involve more than fifty people for eight weeks; and WHEREAS, the City of Andover's Emergency Management Team has been preparing for weeks, working diligently with local, state, and federal partners to maintain situational awareness and respond to COVID-19; and WHEREAS, additional local cases will trigger a more aggressive public health response and are predicted to impact residents of the City of Andover and those who work in or travel through the City, including City employees; and the need for social distancing, school closings, and quarantine methods to stop the spread of COVID-19 is expected to cause significant challenges; and WHEREAS, the City Administrator and Emergency Management Director find that this situation threatens the health, safety, and welfare of the citizens of the community and will cause a significant impact on the ability of public safety personnel to address any immediate dangers to the public as a result of COVID-19; and WHEREAS, the City Administrator and Emergency Management Director find that traditional sources of financial aid, assistance and relief will not be able to compensate for the potential impact of COVID-19, and have determined that the necessary resources to respond to and recover from this pandemic will exceed those resources available within the City of Andover, © and additional resources will be needed from Anoka County, State and Federal sources. NOW, THEREFORE, BE IT RESOLVED, THAT MAYOR JULIE TRUDE OF THE CITY OF ANDOVER, HEREBY PROCLAIMS, DECLARES, REQUESTS, AND DIRECTS AS FOLLOWS: Under the authority given by Minnesota Statutes, Section 12.29, declares that the local emergency previously ratified on March 17, 2020 within the City of Andover, effective until April 7, 2020, be extended and effective for an indeterminate time, with all the powers and responsibilities attending thereto as provided by Minnesota Statutes, Chapter 12. 2. Directs the City's Emergency Management Director, City Administrator and other appropriate designated City staff to continue to request and coordinate appropriate aid and resources from surrounding jurisdictions, Anoka County, the State of Minnesota, and the Federal government, as needed. Orders that this declaration be given prompt and general publicity and that it be filed promptly by the City Clerk. Adopted by the Andover City Council this the 71 day of April 2020. ATTEST: Mi helle Hartner, Deputy City Clerk ul' Trude, Mayor U X X CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R040-20 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 $36,200.00 (Not to Exceed) $54,950.00 (Not to Exceed) Adopted by the City Council of the City of Andover this 7th day of April, 2020. CITY OF ANDOVER el Attest: uY' v/)'t� 7uli T de — Mayor Michelle Hartner — Deputy City Clerk C DID X CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R039-20 A RESOLUTION APPROVING THE FINAL PLAT OF "VILLAS AT CROSSTOWN WOODS 2ND ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS: Outlot B, VILLAS AT CROSSTOWN WOODS, Anoka County, Minnesota. WHEREAS, the City Council has approved the combined preliminary plat for the project to be known as "Villas at Crosstown Woods" and "Villas at Crosstown Woods 2nd Addition"; and WHEREAS, the Developer has presented a final plat of Villas at Crosstown Woods 2nd Addition and it is consistent with the approved preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Villas at Crosstown Woods 2nd Addition contingent upon the following: 1) The plat shall conform to the final plat stamped received by the City of Andover on April 1, 2020, except as per the corrections noted below. 2) Conditions approved as part of the Preliminary Plat Resolution 064-19 shall be satisfactorily met prior to the recording of the final plat. 3) A Development Agreement and Assessment Agreement, acceptable to the City Attorney, shall be executed and recorded at Anoka County with the final plat. 4) 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. 5) Separate recordable Vehicle Maintenance Access Agreements shall be provided over, under, and across the following lots: Block 2, between Lots 7 and 8; and Between Block 1, Lots 10 and Outlot A from Villas at Crosstown Woods; which must be approved by the City Attorney and recorded at the County with the final plat. 6) Separate Recordable Trail Easement shall be provided over, under, and across the following lots: Block 2, Lot 1, which must be approved by the City Attorney and recorded at the County with the final plat. 7) Submit a Lot by Lot Tabulation for Villas at Crosstown Woods 2nd Addition only with the updated Lot and Block numbers. A lot tab was turned in with area calculations, but what is needed is the elevation information corresponding to the correct lot and block numbers (refer to Sheet GP 1 in the approved plans, just update that table for correct Lot and Block #'s). This can be submitted on a letter size sheet; a revised plan sheet is not needed. 8) Park dedication and trail fees shall be paid on a per unit basis at the rate in effect at the time of final plat approval and subject to increase as provided by state statute. Payment shall be made to the city as per the Assessment Agreement. 9) Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 10) Title Commitment and final plat must be approved by the City Attorney. Adopted by the City Council of the City of Andover this 7th day of April 2020. ATTEST: Mic elle Harmer, City Clerk CITY OF ANDOVER On�� lie rude, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 038-20 MOTION by Council member Barthel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 20-14, 2020 MILL & OVERLAY -JAY STREET NW/20-15, 2020 MILL & OVERLAY -MARTIN STREET NW/20-16. 2020 MILL & OVERLAY -WOODLAND ESTATES 1ST & 2ND ADDITIONS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 023-20 dated March 2 , 2020, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Contractor Jay Street (C.P. 20-14) (SAP 198-118- 005) Martin Street (C.P. 20-15 Woodland Estates 1st & 2nd Add. C.P. 20-16 Total Bid ASTECH Corp. $404,125.90 $170,334.54 $668,643.30 $1,243,103.74 Bituminous Roadways, Inc. $370,550.40 $167,282.70 $739,908.10 $1,277,741.20 North Valley, Inc $373,896.94 $176,344.98 $765,187.04 $1,315,428.96 Engineer's Estimate $433,300.00 $170,670.00 $805,290.00 $1,409,260.00 © NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate ASTECH, Corp. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with ASTECH. Corp. in the amount of $1,243,103.74 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 Bukkila and adopted by the City Council at a regular meeting this 7th day of April , 2020 , with Council members Barthel, Bukkila, Trude, Holthus, Butler voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: li Trude - Mayor { Miclielle Hartner — Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 037-20 MOTION by Council member Barthel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 20-02, 2020 STREET RECONSTRUCTION & 20-08, 2020 CURB SIDEWALK AND PEDESTRIAN RAMP REPAIRS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 022-20 dated March 2 , 2020, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Contractor Project 20-02 Project 20-08 Total Bid North Valley, Inc. $1,157,704.08 $90,657.62 $1,248,361.70 Kuechle Underground, Inc. $1,195,362.11 $103,359.00 $1,298,721.11 Park Construction Company $1,251,165.65 $91,516.90 $1,342,682.55 -Engineer's Estimate $1,227,980.00 $76,475.00 $1,304,455.00 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 $1,248,361.70 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 Bukkila and adopted by the City Council at a regular meeting this 7th day of April , 2020 , with Council members Barthel, Bukkila, Trude, Holthus, Butler voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ju 'e rude - Mayor 'Michbile Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 036-20 MOTION by Council member Barthel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 20-03, 2020 CRACK SEALING/20-05, 2020 PAVEMENT MARKINGS/20-10, 2020 PARKING LOT MAINTENANCE (CRACK SEALING PORTION) AND ACCEPTING AND REJECTING BIDS FOR 20-04, 2020 SEAL COATING/20-07, 2020 TRAIL MAINTENANCE/20-10, 2020 PARKING LOT MAINTENANCE (FOG SEALING PORTION) WHEREAS, pursuant to the Joint Powers Agreement with Coon Rapids, bids were received, opened and tabulated according to law on March 15, 2020 at Coon Rapids City Hall with the low bidder results as follows: AWARD CONTRACTS: Contractor Andover's Portion Northwest Asphalt & Maintenance. (C.P. 20-03 / 20-10) $83,957.00* Sir Lines A Lot (C.P. 20-05) $47 050 00 Total $131,007.00 * Includes $79,987.00 for Project 20-03 & $3,970.00 for Project 20-10 w REJECT CONTRACTS: j� Contractor Andover's Portion Allied Blacktop Co. (C.P. 20-04) $172,196.80 ASTECH Corp. (C.P. 20-07 / 20-10) $50 189 70* Total $222,386.50 * Includes $42,698.70 for Project 20-07 & $7,491.00 for Project 20-10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Northwest Asphalt & Maintenance and Sir Lines A Lot 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 Northwest Asphalt & Maintenance in the amount of $ 83,957.00 and Sir Lines A Lot in the amount of $47,050.00 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 Bukkila and adopted by the City Council at a regular meeting this 7ch day of April 2020, with Council members Barthel, Bukkila, Trude, Holthus, Butler voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. © ATTEST: 0J Mi helle Hartner —Deputy City Clerk CITY OF ANDOVER .- Mayor - CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R035-20 A RESOLUTION OF DECLARATION OF EMERGENCY FOR THE CITY OF ANDOVER, MINNESOTA CORONAVIRUS DISEASE 2019 (COVID-19) WHEREAS, the virus named "SARS-CoV-2," is a new strain of coronavirus that has not previously been identified in humans and can easily spread from person to person and which causes a disease named "Coronavirus Disease 2019," commonly known as "COVID-19," which is a respiratory disease that can result in serious injury or death; and WHEREAS, on January 21, 2020 the first case of COVID-19 was detected in the United States; on March 6, 2020 the first case of COVID-19 was detected in the State of Minnesota; and as of March 16, 2020, there are fifty-four known cases of COVI13-19 in Minnesota, including cases in Anoka County; and WHEREAS, on January 31, 2020, the United States Department of Health and Human Services Secretary Alex Azar declared a public health emergency for COVID-19, beginning on January 27, 2020; and Q WHEREAS, on March 13, 2020, President Donald Trump declared that the COVID-19 outbreak in the United States constitutes a National Emergency; and WHEREAS, on March 13, 2020, Governor Tim Walz declared a Peacetime State of Emergency to authorize all necessary resources to be used in support of the COVI13-19 response; and WHEREAS, as of March 15, 2020 the World Health Organization Situation Report confirmed a total of 153,517 cases of COVID-19 in over 135 countries, including 5,735 deaths; and as of March 16, 2020 a total of 54 cases of COVID-19 have been reported in Minnesota including three to five (3 to 5) potential cases in Anoka County; and WHEREAS, COVID-19 has been identified by the World Health Organization as a pandemic, and the United States Centers for Disease Control has provided guidance for individuals, healthcare professionals, and businesses to slow the spread of COVID-19, which include cancelling or postponing in -person events that involve more than fifty people for eight weeks; and WHEREAS, the City of Andover's Emergency Management Team has been preparing for weeks, working diligently with local, state, and federal partners to maintain situational awareness and respond to COVID-19; and © WHEREAS, additional local cases will trigger a more aggressive public health response and are predicted to impact residents of the City of Andover and those who work in or travel through the City, including City employees; and the need for social distancing, school closings, and quarantine methods to stop the spread of COVID-19 is expected to cause significant challenges; and © WHEREAS, the City Administrator and Emergency Management Director find that this situation threatens the health, safety, and welfare of the citizens of the community and will cause a significant impact on the ability of public safety personnel to address any immediate dangers to the public as a result of COVID-19; and WHEREAS, the City Administrator and Emergency Management Director find that traditional sources of financial aid, assistance and relief will not be able to compensate for the potential impact of COVID-19, and have determined that the necessary resources to respond to and recover from this pandemic will exceed those resources available within the City of Andover, and additional resources will be needed from Anoka County, State and Federal sources. NOW, THEREFORE, BE IT RESOLVED, THAT MAYOR JULIE TRUDE OF THE CITY OF ANDOVER, HEREBY PROCLAIMS, DECLARES, REQUESTS, AND DIRECTS AS FOLLOWS: Under the authority given by Minnesota Statutes, Section 12.29, declares that a local emergency exists within the City of Andover, effective March 17, 2020, with all the powers and responsibilities attending thereto as provided by Minnesota Statutes, Chapter 12. 2. Directs City staff to review ordinance and regulatory requirements, operations, civil and legal proceedings, events, and resources to determine whether the foregoing should be adjusted or suspended, and to make recommendations regarding additional emergency © regulations to support the employees and residents of the City of Andover. 3. Directs all City departments and offices to operate and support the response to this incident, under the direction and coordination of the Emergency Management Director, Emergency Management Team, and/or City Administrator, including implementing new employee protocols, strategies, and processes to ensure that public services are maintained. 4. Directs the City's Emergency Management Director, City Administrator and other appropriate designated City staff to request and coordinate appropriate aid and resources from surrounding jurisdictions, Anoka County, the State of Minnesota, and the Federal government, as needed. 5. Declares, under Minnesota Statues, Section 13D.021, that in -person meetings of the City Council, Planning Commission, Economic Development Authority and other advisory commissions of the City of Andover are not practical or prudent due to the COVID-19 health pandemic and the peacetime emergency declared by Governor Walz pursuant to Minnesota Statutes, Chapter 12, and hereby directs that meetings of the City Council, Planning Commission, Economic Development Authority and other advisory commissions of the City shall be either cancelled, postponed or conducted by telephone or other electronic means, and hereby directs City Staff to take such action as may be necessary to enable such meetings to occur via telephone or other electronic means © pursuant to Minnesota Statutes, Section 13D.021, until such time as it is no longer impractical or imprudent for the City Council, Planning Commission, Economic Development Authority and other advisory commissions to resume in -person meetings. H [] 6. Orders this Emergency Declaration for the City of Andover, Minnesota, which shall continue until April 7, 2020, unless further extended by or with the consent of the City Council pursuant to Minnesota Statutes, Section 12.29, subd. 1. Orders that this declaration be given prompt and general publicity and that it be filed promptly by the City Clerk. Adopted by the Andover City Council this the 17'h day of March 2020. ATTEST: Michelle Harmer, Deputy City Clerk li Trade, Mayor CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R034-20 A RESOLUTION APPROVING THE FINAL PLAT OF "SHADOWBROOK NORTH" FOR PROPERTY LEGALLY DESCRIBED AS; All that part of Lot 6, said AUDITOR'S SUBDIVISON NO. 141 lying northerly of the following described line: Beginning at a point on the East line of said East half of the West half of the East half of the Southeast Quarter of Section 25, Township 32, Range 24 distant 1357.17 feet North along said East line from the Southeast corner of said East half of the West half of the East half of the Southeast Quarter, said East line has an assumed bearing of North 00 degrees 10 minutes 59 seconds West; thence North 89 degrees 47 minutes 29 seconds West a distance of 61.86 feet; thence North 81 degrees 30 minutes 36 seconds West a distance of 112.20 feet; thence North 87 degrees 50 minutes 29 seconds West a distance of 99.06 feet; thence South 76 degrees 00 minutes 22 seconds West a distance of 53.79 feet to the West line of said East half of the East half of the Southeast Quarter and said line there terminating,. EXCEPT the North 160 feet of said Lot 6. And The West half of the East half of the East half of the Southeast Quarter, Section 25, Township 32, © Range 24, Anoka County, Minnesota, lying North of the following described line: Beginning at a point on the East line of said West half of the East half of the East half of the Southeast Quarter distant 1257.33 feet South along said East line from the Northeast corner of said West half of the East half of the East half of the Southeast Quarter to a point on the West line of said West half of the East half of the East half of the Southeast Quarter distant 1357.17 feet North along said West line from the Southwest corner of West half of the East half of the East half of the East half of the Southeast Quarter and said line there terminating. EXCEPT the North 673.01 feet thereof. Also known as part of Lot 8, AUDITOR'S SUBDIVISION NO. 141. WHEREAS, the City Council has approved the preliminary plat for the project to be known as "Shadowbrook North"; and WHEREAS, the Developer has presented a final plat of Shadowbrook North and it is consistent with the approved preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Shadowbrook North contingent upon the following: 1) The plat shall conform to the final plat stamped received by the City of Andover on March 4, 2020, except as per the corrections noted below. 2) Separate Vehicle Maintenance Access Agreements shall be provided over, under, and across the following lots: Block 1, between Lots 7 and 8; Block 1, between Lots 9 and 10; Block 1, Lots 7, 8 and 9 which must be approved by the City Attorney and recorded at the County with the final plat. © 3) Separate Trail Easement Agreements shall be provided over, under, and across the southerly 100 feet of Block 1, Lots 4, 5, 6, 7, and 8, which must be approved by the City Attorney and recorded at the County with the final plat. 4) Separate Trail Easement Agreements shall be provided over, under, and across Block 1, between Lots 7 and 8, which must be approved by the City Attorney and recorded at the County with the final plat. 5) Park dedication and trail fees shall be paid on a per unit basis at the rate in effect at the time of final © plat approval and subject to increase as provided by state statute. Payment shall be made to the city as per the Assessment Agreement. 6) Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 7) Title Commitment and final plat must be approved by the City Attorney. 8) The plat shall be contingent on the vacation of the Butternut Street right-of-way within the plat area. 9) Separate recordable documents are required for the vacation of the Butternut Street right of way within the platted area. 10) The approval of the plat shall be contingent upon approval and recording of the Final Plat to be known as "Catcher's Creek East". 11) Corrections must be made to the final plat prior to the release of the Mylar's for recording with Anoka County. Corrections include: a) Standard rear lot lines should be 5 feet. Revise text in the easement detail to say, "being 5' in width and adjoining side and rear lot lines, and 10' in width and adjoining right of way lines, unless otherwise shown on this plat." b) Revise rear yard Drainage and Utility Easements on Lots 1, 12, 13, and 14, Block 1, to be 5 feet in width. Adopted by the City Council of the City of Andover this 17th day of March 2020. ATTEST: CITY OF ANDOVER i Mic elle �Haer,ity Clerk H J e rude, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R033-20 A RESOLUTION GRANTING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT AT 14328 AND 14329 BUTTERNUT STREET NORTHWEST, PINS 25-32-24- 41-0005 AND 25-32-24-41-0014, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: A 40.00-foot wide Drainage and utility easement lying over, under and across that part of Lot 8, Auditor's Subdivision No. 141, lying South of the North 673.01 feet thereof, and that part of Lot 6, Said Auditor's Subdivision No. 141, EXCEPT the North 160.00 feet thereof, all lying North of the plat of SHADOWBROOK FIFTH ADDITION, Anoka County, Minnesota, said easement has a centerline described as follows: Commencing at the Southeast corner of said North 673.01 feet of Lot 8, Auditor's Subdivision No. 141; thence North 89 degrees 23 minutes 21 seconds West, assumed bearing, along the South line of said North 673.01 feet of Lot 8, a distance of 162.76 feet to the point of beginning of said centerline to be described; thence South 01 degrees 57 minutes 16 seconds West, 308.01 feet; thence South 81 degrees 39 minutes 04 seconds West, 238.19 feet; thence South 17 degrees 25 minutes 55 seconds East, 227.24 feet to the Northerly line of said SHADOWBROOK FIFTH ADDITION and said centerline there terminating. © Sidelines of said 40.00-foot easement are to be prolonged or shortened to terminate at said South line of the North 673.01 feet of Lot 8, and at said Northerly line of SHADOWBROOK FIFTH ADDITION. 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. Approval of the Vacation of Drainage and Utility Easement is contingent upon approval and recording of the Final Plat to be known as "Shadowbrook North". 2. Approval of the Vacation of Drainage and Utility Easement is contingent upon approval and recording of the Final Plat to be known as "Catcher's Creek East". 3. The vacation of easement shall be recorded with Anoka County as shown on "Exhibit A". Adopted by the City Council of the City of Andover on this 171h day of March 2020. © ATTEST CITY OF ANDOVERn �✓LfoC�/ Mic ell4Hne-r, Deputy City Clerk Juli rude, Mayor EXHIBIT"A" A40.00 foot wide Drainage and utility easement lying over, under and across that part of Lot 8, Auditor's Subdivislon No.141, lying South of the North 673.01 feet thereof, and that part of Lot 6, Said Auditor's Subdivision No.141, EXCEPT the North 160.00 feet thereof, all lying North of the plat of SHADOWBROOK FIFTH ADDITION, Anoka County, Minnesota, said easement has a centerline described as follows: Commencing at the Southeast corner of said North 673.01 feet of Lot 8, Auditor's Subdivision No.141; thence North 89 degrees 23 minutes 21 seconds West, assumed bearing, along the South line of said North 673.01 feet of Lot 8, a distance of 162.76 feet to the point of beginning of said centerline to be described; thence South 01 degrees 57 minutes 16 seconds West, 308.01 feet thence South 81 degrees 39 minutes 04 seconds West, 233.19 feet; thence South 17 degrees 25 minutes 55 seconds East, 227.24 feet to the Northerly line of said SHADOWBROOK FIFTH ADDITION and said centerline there terminating. Sidelines of said 40.00 foot easement are to be prolonged or shortened to terminate at said South line of the North 673.01 feet of Lot 8, and at said Northerly line of SHADOWBROOK FIFTH ADDITION C a C N Drainage and Utility Basement Description Sketch /_North 51 of Lnt e, AUDITOR'S ' W6fAVISIWV No. 141 -- fH t. South nn. ut Me i r 6 _NYrM 9t of t- I r ]YIN feaSUPD%I 9 NNN�05141 I . 4ul wori w er of I. - I - NB9R3'21'W --the Nl h e]SOi feet 18 'Ie — of Lst O, AUDIION's W OMMON NO. 141 EXCEPTION J ` r J J f71 2021 '. o -i , L 0 T 6 "< L O T d r ICI l44 l 1 I 5 / boA aTONlo Rft0011 f iv V i SH 4 ID 'Al O!C FI F i rri r T A n If l 1 V Is I My,yAGzdM In ?YrAmasNrrq A 40.00 foot wfda easement IN^9 Wv: vndeR vnd across that port of Lo[ e, w01TOR5 SIIBWNSION N0. 141, lyfng south of IM1e Nwlh 6]S01 feet thwee, o^d that part D Lot 6, nary C.U1d A n..t%10N N0. I. EXCWT the North 16000 feet thereof, vll Wng North of Ua plst of SNwOWdR00K FlfIN pOD100N, Mokv CoYntri Mmnesvte, saiQ evaemadt hw v venWAY,. da,vbsd vs follows: Commencing vt the Soytheaet eomw of veld North 6]SOI feet of Int $ ArMlIf1's SU6DM90N N0. 1411 theSflynev NwIM1 69 Qagrem 2T minutes ZI vemnde Wcat, vraymed hearingh vlon9 tha swlh Ilse of void North 6'93.01 test of Ivt s, v dmtonce of 162]6 feet tv the point v1 hsIA a:g of e ond�ab l2ie 19 fe�ihenovh South t] degr e, a 26 mMylene vew�sda�Evl,v2924•fcicf h thoeno�thamrut Ilna1 of said M39 w HgoOK FlFRi MUMON and add centerline then twmme6n9. Sld ".. of s.1d 40.D0 toot ecmment am to be ordonaed w ahorhned to termNato stack! SC h Ime er the Ninth 63M foot of Lot B. and of e^TQ northerly an. of WkDOwxR R AOOI110H. Sold eovament vnnt.M. i30,939 eg. R i 3099 PhmsentgiddeMM NP'•—"'-" /P/// yyry:a9e anQ pplffy a' SWW SsO, shiny RN 96199 r Esscmmt Nea 7 73 ]m-089-]90n F1N: 163-0d4-]969 J 164] R in dose sketch EM E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R032-20 A RESOLUTION GRANTING THE VACATION OF THE BUTTERNUT STREET RIGHT OF WAY EASEMENT AT 14328 AND 14329 BUTTERNUT STREET NORTHWEST, PINS 25-32-24-41-0005 AND 25-32-24-41-0014, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: That part of Butternut Street NW lying over, under, and across that part of Lot 8, AUDITOR'S SUBDIVISION No. 141, lying South of the North 673.01 feet thereof, and lying North of the plat of SHADOWBROOK FIFTH ADDITION, Anoka County, Minnesota WHEREAS, the property owner has requested to vacate the described Butternut Street Northwest; 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. Approval of the Vacation of the Butternut Street right-of-way is contingent upon approval and recording of the Final Plat to be known as "Shadowbrook North". 2. Approval of the Vacation of the Butternut Street right-of-way is contingent upon approval and recording of the Final Plat to be known as "Catcher's Creek East". 3. The vacation of Butternut Street right-of-way shall be recorded with Anoka County as shown on the attached "Vacation Sketch". Adopted by the City Council of the City of Andover on this 171h day of March 2020. ATTEST - lqicelle Harmer, Deputy City Clerk CITY OF ANDOVER J i rude, Mayor u m N Vacation Sketch' 5 I MUPTiON 1 , eh A ItJ n � t K I I 3 p L j IJ EXHIBIT A _North line of Lot 8, AUDITOR'S 6UBDIV151ON NO. 141 K J c- North line f the __North 673.01 AUDITOR'S feel of Lot DI AUDITOR'S SUBDIVISION NO. 141 e..a�.a..e� .......e. ..� _-sNi/Aooµslioo °f i+ J• FIFTN ADDIn01Nj JI r A n n IA/ I n n I �7 n L7 v rr L: , v v r� I I i I r7 I U V I i 1 v iV VACAPON OESMF77ON. That p rt of Ruttemut Street NW lying over, under, and across that part of Lot B, AUDITOR'S SUBDIVISION NO. 141, lying South of the North 673.01 feat thereof, and lying North of the plat of SHADOMROOK FIFTH ADDMON. A aka County, Minnesota: Said easement contains d:18,556 eq. ft. © L Carlson G.NMEMMcENGINSCain 3898PheasantRld9eDrNeNS, Suite LOB, Blaine, MN 55449 ne:763489-7900 Fax: 763,40-7959 7309—butternut Vacation sketch V////d, Va°afed Ara. a GRAPHIC SCALE so IOO 2 D (IN FEET) CITY OF ANDOVER Q COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R031-20 A RESOLUTION APPROVING THE FINAL PLAT OF "CATCHER'S CREEK EAST" FOR PROPERTY LEGALLY DESCRIBED AS: The North One Hundred Sixty feet of Lot 6, Auditor's Subdivision No. 141, Anoka County, Minnesota. And Lot 5, Auditor's Subdivision No. 141, Anoka County, Minnesota. And The South 336.44 feet of the North 673.01 feet of the West half of the East half of the East half of the Southeast Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota. M The North 673.01 feet, except therefrom the South 336.44 feet of the West half of the East half of the East half of the Southeast Quarter of Section 25, Township 32, Range 24, Anoka County © Minnesota, and also described as the North 673.01 feet of Lot 8, Auditor's Subdivision No. 141, Anoka County, Minnesota. And The North 540 feet of the East %2 of the East %2 of the Southeast Quarter of Section 25, Township 32, Range 24, Anoka County. Also described as the North 540 feet of Lot 9, Auditor's Subdivision No. 141, Anoka County. Subject to an easement for road purposes over the West 50 feet thereof. And The East half of the East half of the East half of the Southeast Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota, except the north 540 feet thereof, also known as Lot 9, "Auditor's Subdivision No. 141," except the north 540 feet thereof, together with an easement for roadway purposes over the West 50 feet of the North 540 feet of the East %2 of the East '/2 of the East %2 of the Southeast Quarter of Section 25, Township 32, Range 24, Anoka County Minnesota, also know as the West 50 feet of the North 540 feet of the Lot 9, "Auditor's Subdivision No. 141." WHEREAS, the City Council has approved the preliminary plat for the project to be known as "Catcher's Creek East"; and WHEREAS, the Developer has presented a final plat of Catcher's Creek East and it is consistent with the approved preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Catcher's Creek East contingent upon the following: 49 J X H 1) The plat shall conform to the final plat stamped received by the City of Andover on February 26, 2020, except as per the corrections noted below. 2) Separate Vehicle Maintenance Access Agreements shall be provided over, under, and across the following lots: Block 2, Lots 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19; Block 2, between Lots 20 and 21; Block 4, Lots 2, 3 and 4 which must be approved by the City Attorney and recorded at the County with the final plat. 3) Separate Temporary Roadway, Drainage and Utility Agreements for the temporary Cul-de-sacs shall be provided over, under, and across the following lots: Block 1, Lots 1; Block 2, Lots 1, 2, 23, and 24; Block 3, Lots 1 and 2 which 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. Payment shall be made to the city as per the Assessment Agreement. 5) Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 6) Title Commitment and final plat must be approved by the City Attorney. 7) The plat shall be contingent on the vacation of the Butternut Street right-of-way within the plat area. 8) Separate recordable documents are required for the vacation of the Butternut Street right of way within the platted area. 9) The plat shall be contingent on the plat for the dedication for the eastern half of University Avenue, in the neighboring city of Ham Lake, so that adequate right of way width is provided for access to the property in the proposed plat. 10) Corrections must be made to the final plat prior to the release of the Mylar's for recording with Anoka County. Corrections include: a) Sheet 1: Provide separate recordable documents for the 100-foot trail easement along the rear or Lots 1-4, Block 4. b) Sheet 1: Revise drainage and utility easements on the rear or Lots 1-3, Block 4, so they are 100- feet in width and coincide with the proposed ditch and trail easement. On lots 3 and 4 where the Drainage and Utility Easement is greater than 100 feet leave as shown. c) Sheet 2: Provide separate recordable documents for street and utility easements for both temporary cul-de-sacs on the west side of the plat. Adopted by the City Council of the City of Andover this 17th day of March 2020. ATTEST: CITY OF ANDOVER Mich ]le Hartner, City Clerk Ju e rude, Mayor CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R030-20 A RESOLUTION GRANTING THE VACATION OF THE BUTTERNUT STREET RIGHT OF WAY EASEMENT ABUTTING PINS 25-32-24-41-0003, 25-32-24-41-0004, 25-32-24-41- 0010, AND 25-3 2-24-41 -0011, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: That part of Butternut Street lying over, under and across Lot 5, AUDITOR'S SUBDIVISION NO. 141 and lying southerly of the southerly right of way line of Andover Blvd. N. W., That part of Butternut Street lying over, under and across the North 160 feet of Lot 6, AUDITOR'S SUBDIVISION NO. 141, M1 That part of Butternut Street lying over under and across the North 673.01 feet of Lot 8, AUDITOR'S SUBDIVISION NO. 141, and lying southerly of the southerly right of way © line of Andover Blvd. N.W., Anoka County, Minnesota. WHEREAS, the property owner has requested to vacate the described Butternut Street Northwest; 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. Approval of the Vacation of the Butternut Street right-of-way is contingent upon approval and recording of the Final Plat to be known as "Catcher's Creek East". 2. Approval of the Vacation of the Butternut Street right-of-way is contingent upon approval and recording of the Final Plat to be known as "Shadowbrook North". 3. The vacation of Butternut Street right-of-way shall be recorded with Anoka County as shown on the attached "Street Vacation Sketch". Adopted by the City Council of the City of Andover on this 17`h day of March 2020. ATTEST CITY OF ANDOVE�R Q� Micl elle Hartner, Deputy City Clerk JVTrude, Mayor STRET VACATION EXHIBIT EXHIBIT A FOR: Mark of Excellence Homes Vacation Description: That part of Butternut Street lying over under and across Lot 5, AUDITORS SUBDIVISION NO. 141 and lying southerly of the southerly right of way line of Andover Blvd. N.W. and That part of Butternut Street lying over under and across the North 160 feet of Lot 6, AUDITORS SUBDIVISION NO. 141 and That part of Butternut Street lying over under and across the North 673.01 feet of Lot 8, AUDITORS SUBDIVISION NO. 141, and lying southerly of the southerly right of way line of Andover Blvd. N.W., Anoka County, Minnesota. L A N D From Site to Finish Street to be vacated F O R M O • 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Web: landform.net Job No. MEH131028.001 Drawing: 8uoemutVacfon ExhibH By: SPK NORTH 0 150 SCALE IN FEET CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R029-20 A RESOLUTION APPROVING A LAND TRANSFER BETWEEN THE CITY AND T- SQUARED STORAGE, A PORTION OF THE PROPERTY LOCATED AT 13535 GROUSE STREET NORTHWEST, PIN 12-32-24-41-0014, AND LEGALLY DESCRIBED AS: RLS No. , Tract B AND THE EASTERN 16 FEET OF THE CITY OWNED PROPERTY, PIN 34-32-24-41-0018, AND LEGALLY DESCRIBED AS: RLS No._, Tract C WHEREAS, the applicants have requested approval of a Registered Land Survey to facilitate the division and transfer of certain portion of the aforementioned lots at the properties located at 13535 Grouse Street Northwest, PIN 12-32-24-41-0014, and a City owned property that does not have an assigned address, PIN 34-32-24-41-0018,and; WHEREAS, the applicant proposes to transfer a new parcel subdivided from PIN 12-32-24-41- 0014, and shown as TRACT B on RLS No. , to the City of Andover; and © WHEREAS, the City in turn would transfer a new parcel subdivided from PIN 12-32-24-41- 0018, and shown as TRACT C on RLS No. , to the applicant; and WHEREAS, the newly acquired parcel shown as Tract B, would be encumbered by Drainage and Utility Easements and could serve the same purpose as Tract C; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, the City Council finds the request is in the best interest of the city to promote redevelopment of the adjacent property; and WHEREAS, the City Council finds the proposed land transfer would request is in the best interest of the city to promote redevelopment of the adjacent property; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the land transfer, of the legally described above subject to the following; 1. This approval is contingent upon approval of the vacation of a Drainage and Utility Easement from City Resolution No. R_-20 and the approval of a Registered Land Survey No. approved by City Resolution No. R_-20. If either of those items fail to be approved by the City or fail to be recorded with Anoka County, approval of the land © transfer shall be null and void. 2. This resolution shall be recorded with Anoka County at the time the Registered Land Survey No. and Vacation of Drainage and Utility Easement of Tract C (not including the Northern States Power Company powerline easement) are recorded with © Anoka County. 1. A grading and erosion control plan must be submitted to the City at the time of building permit submittal. 2. All required permits must be obtained from the Coon Creek Watershed District and the Anoka County Transportation Department prior to the issuance of a building permit. 3. The Land Transfer is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 4. All costs associated with the Registered Land Survey and land transfer shall be covered by ABC Mini Storage owner/operator T Squared Storage. Adopted by the City Council of the City of Andover on this 17t' day of March 2020 ATTEST, CITY OF AN�DyO�VERQ� Micelle Hartner, Deputy City Clerk ul' Trude, Mayor C�J 101 © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R028-20 A RESOLUTION APPROVING A REGISTERED LAND SURVEY IN THE I: INDUSTRIAL ZONING DISTRICT FOR THE PROPERTIES LOCATED AT 13535 GROUSE STREET NORTHWEST, PIN 12-32-24-14-0012, AND THE UNADDRESSED PROPERTY, PIN 34-32- 24-41-0014, AND LEGALLY DESCRIBED AS: That pat of Lot 14 of Watts Garden Acres in Grow Township (now City of Andover) according to the plat thereof on file in the office of the Register of Titles of Anoka County, Minnesota, lying Easterly of the Easterly line of Parcel 2, CITY OF ANDOVER HIGHWAY RIGHT-OF-WAY PLAT NO. 3, according to the recorded plat thereof, Anoka County, Minnesota and lying Easterly and Northernly of the Easterly and Northerly lines of Parcel 3, said CITY OF ANDOVER HIGHWAY RIGHT-OF-WAY PLAT NO. 3. M Parcel 3, CITY OF ANDOVER HIGWAY RIGHT-OF-WAY PLAT NO. 3, according to the recorded plat thereof, Anoka County, Minnesota © WHEREAS, the property owners have requested approval of a Registered Land Survey to facilitate the division and transfer of certain portion of the aforementioned lots at the properties located at 13535 Grouse Street Northwest, PIN 12-32-24-14-0014, and a City owned property that does not have an assigned address, PIN 34-32-24-41-0018, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approve the Registered Land Survey, as attached NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the Registered Land Survey on said property with the following conditions: 1. A grading and erosion control plan must be submitted to the City at the time of building permit submittal. 2. All required permits must be obtained from the Coon Creek Watershed District and the Anoka County Transportation Department prior to the issuance of a building permit. 3. The Registered Land Survey is subject to the approval of the vacation of the Drainage © and Utility Easement over the easterly 16 feet of Andover Highway ROW Plat No. 3, Parcel 3, shown on this Registered Land Survey as Tract C. © 4. The Registered Land Survey is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 5. Drainage and Utility easements shall cover Tract B. 6. All costs associated with the Registered Land Survey and land transfer shall be covered by ABC Mini Storage owner/operator T Squared Storage. Adopted by the City Council of the City of Andover on this 17' day of March 2020 ATTEST CITY OF ANDjOOVERQ� Mic elle Hamner, Deputy Iity Clerk Jf i Trude, Mayor H © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R027-20 A RESOLUTION GRANTING VACATION OF A PORTION OF THE RIGHT-OF-WAY EASEMENT FOR THE CITY OWNED PROPERTY, PIN 34-32-24-41-0018, LEGALLY DESCRIBED AS: The eastern 16 feet of Parcel 3, CITY OF ANDOVER RIGHT OF WAY PLAT NO. 3, according to the recorded plat thereof, Anoka County, Minnesota WHEREAS, the proposed vacation DOES NOT include the vacation of the Northern States Power Company Easement (Anoka County Document No. 66205); and WHEREAS, the applicant has requested that the City of Andover vacate the described portion of the Right of Way Easement on Parcel 3, CITY OF ANDOVER RIGHT OF WAY PLAT NO. 3, Anoka County, Minnesota and shown on the attached Registered Land Survey as Tract C, to facilitate redevelopment of the adjacent property; and WHEREAS, the applicant proposes to exchange a new parcel shown as TRACT B, on the attached Registered Land Survey for Tract C as a part of the redevelopment of the property; and WHEREAS, the newly acquired parcel shown as Tract B, would be encumbered by Drainage and Utility Easements and could serve the same purpose as Tract C; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, the City Council finds the request is in the best interest of the city to promote redevelopment of the adjacent property while retaining property for drainage and utility easements; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the City's Right of Way Easement as legally described above and subject to the following; 1. This approval is contingent upon approval of the Registered Land Survey No. and Conditional Use Permit for T Squared Storage. If either of those items fail to be approved by the City or fail to be recorded with Anoka County, then approval of the Vacation of the Easement shall be null and void. 2. This vacation does not include the Northern State Power Company powerline easement which also runs on the described property. © 3. This resolution shall be recorded with Anoka County at the time the Registered Land Survey No. is recorded with Anoka County. 4. All costs associated with this vacation shall be incurred by ABC Mini -storage owner and operator T Squared Storage. Adopted by the City Council of the City of Andover on this 171h day of March 2020 ATTEST CITY OF ANDOVER Michelle Harmer, Deputy City Clerk ,fuj'6 Trude, Mayor C M L_J 0 Right of Way Easement Vacation Description Sketch North line of Parcel 3, CITY r `. PLAT N0. 3 v v v RECEIVED RIGHTOF E T VA 77ON DES09IP770AI. The East 16.00 feet of Parcel 3, CITY OF ANDOVER RIGHT—OF—WAY PLAT NO. 3, Anoka County, lkinnesota.r'B 12 TCarlson McCain ENVIRGlM AL•ENGI@ NG-saRVLYING 3890 Pheasant Ridge Onve NE, Soite 100, elatne, MN 55449 ,hare: J63-489-7900 Fax: 763-489-7959 iZ17846_row vac sketch 1 Y/ 2 Right of Way Easement Vacation Are. CITY OF ANDOVER GRAPHIC SCALE 0 15 30 60 (IN FEE. (ttxty sheet) © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R026-20 A RESOLUTION ACCEPTING A RESIGNATION AND DECLARING A COUNCIL MEMBER VACANCY. WHEREAS, the Andover City Council has received the written resignation of Council Member Mike Knight effective on February 29, 2020. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA AS FOLLOWS: 1. The council accepts Mike Knight's resignation as described above. The council declares that a council member vacancy exists on the council effective on March 2nd, 2020. 40 Passed by the City Council of Andover, Minnesota this 2"d day of March, 2020. CITY OF ANDOVER ATTEST: (/ nGt^,- 1' Trude - Mayor Licelle Har —Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R025-20 A RESOLUTION GRANTING THE VACATION OF DRAINAGE AND UTILITY EASEMENT AT 851 138TH AVE NW, OUTLOT A HILLS OF BUNKER LAKE 5TH ADDITION, PIN 35-32-24-14-0052, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: To vacate a perpetual easement for drainage and utility purposes over, under and across the westerly 6 feet and southerly 10 feet of Outlot A, HILLS OF BUNKER LAKE 5TH ADDTION, Anoka County, Minnesota. Together with a perpetual easement for drainage and utility purposes over, under and across that part of said Outlet A, which lies northeasterly and easterly of the following described line: Commencing at the northwest corner of said Outlot A; thence on an assumed bearing of South 00 degrees 01 minutes 33 seconds West along the west line of said Outlot A, a distance of 29.36 feet to the point of beginning of the line to be described; thence South 89 degrees 58 minutes 27 seconds East, a distance of 49.92 feet; thence South 44 degrees 11 minutes 54 seconds East, a distance of 28.80 feet; thence South 00 degrees 01 minutes 10 33 seconds West, a distance of 79.86 feet to the south line of said Outlot A and said line there terminating. 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. Approval of the Vacation of Drainage and Utility Easement is contingent upon approval and recording of a Dedication of Drainage and Utility Easement. 2. The vacation of easement shall be recorded with Anoka County as shown on "Exhibit A". 3. All parts of the existing fence impacting drainage, as determined by the City Engineer, shall be removed. Ea © Adopted by the City Council of the City of Andover on this 2nd day of March 2020. ATTEST CITY OF ANDOVER Miellelle Hartner, Deputy City Clerk I e Trude, Mayor E H CM] H SKETCN AND DESCRIPTION - EASEMENT TO BE VACATED for- SZYPLINSKI CONSTRUCTION, INC. -of- 851 138th Ave NW Andover, MN NORTH --NW CORNER OF W1LOT A "- r 589.68'27 E 168 8 ' 1 24.78 - ----- _58958'27'E .BI 49.92 s o ,1 00 o I Qz< I 81n �< 0p�lr -aw al_ M I I „ I 4i�ti �`. sl LINE OF OUT-OT A ° 98' p92 OR if ft-B p,8 — DESCRIPTION OF EASEMENTTO BE VACATED A perpetual easement for drainage and utility purposes over, under and across the westerly 6 feet and southerly 10 feat of Outlot A, HILLS OF BUNKER LAKE 5TH ADDITION, Anoka County, Minnesota. Together with a perpetual easement for drainage and utility purposes over, under and across that port of said Outlot A, which Iles northerly, northeasterly, and easterly of the following described line: Commencing at the northwest corner of said Outlot A; thence on an assumed bearing of South 00 degrees 01 minutes 33 seconds West along the west line of sold Outlot A. a distance of 29.36 feet to the point of beginning of the Pro to be described; thence South 89 degrees 58 minutes 27 seconds East, a distance of 49.92 feet; thence South 44 degrees 11 minutes 54 seconds East, a distance of 28.80 feet; thence South 00 degrees 01 minutes 33 seconds West, a distance of 79,86 feet to the south line of sold Outlot A and said line there terminating. GRAPHIC SCALE 30 O is 30 60 120 I INCH = 30 FEET Outlot A, HILLS OF BUNKER LAKE 5TH ADDITION, Anoka County, Minnesota. Location: Andover, MN Scale 1"= 30' 1 Drawn By. BCD Project Manager: JER dab No.: 18587ED o Denotes Iron Set 1 • Denotes Iron Found Bearings shown are on an assumed datum. I hereby certify that this plan, survey or report was prepared by me or under my I Asir direct supervision and that I am a duly Registered Land Surveyor under the laws �*" Professional Land Surveyors of the State of Minnesota. Doted this _2Ath day of .Inn,�nry 2020. License No. 41578 6776 Lake Drive NE Suite 110 Lino Lakes, MN 55- T.L(Wn bld9%I NutdllaL18 1 CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RESOLUTION R024-20 Resolution Supporting Infrastructure Accountability WHEREAS, populations in Minnesota cities are growing statewide and the development and construction associated with that growth are driving the need for road improvements, street oversizing, street redesign, and street reconstruction; and WHEREAS, municipal statutory authority appropriately exists for fees to support added need for parks, sewer, and water; and WHEREAS, this municipal authority does not exist for infrastructure development fees; and WHEREAS, city streets are one of the four major types of infrastructure local government is responsible to provide to protect public safety and health, and city streets represent a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes, and special assessments have limited applications, leaving cities under -equipped to address growing needs; and WHEREAS, neighborhood streets are constructed according to city standards by developers; and © WHEREAS, funding sources for larger streets and intersections to support new developments have historically come from infrastructure development fees; and WHEREAS, the Minnesota Supreme Court has found that no city statutory authority exists for these infrastructure development fees; and WHEREAS, cities should not be forced to make current residents and businesses pay for costs of growth through local taxes but rather by those that are responsible for the growth; and WHEREAS, cities are finding it difficult to develop adequate funding systems to support needed infrastructure development related to growth while complying with existing state statutes; and WHEREAS, cities need flexible policies and greater resources in order to meet growing demands for street improvements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ANDOVER, that this Council supports legislation that would authorize cities to collect infrastructure development fees to fund municipal street improvements as a necessary component of growth. ADOPTED by the Andover City Council this 2nd day of March 2020. CITY OF ANDOVER: J re rude — Mayor ATTEST: i �helleHartner — Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 023-20 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION AMENDING RESOLUTION NO. 016-20 DATED FEBRUARY 18, 2020 FOR PROJECT NOS. 20-14, 2020 MILL & OVERLAY/JAY STREET NW/20- WHEREAS, pursuant to Resolution Nos. 007-20, 008-20 & 009-20, adopted by the City Council on the 215t day of January 2020, the City Engineer has prepared final plans and specifications for Project Nos. 20-14, 20-15 & 20-16. WHEREAS, such final plans and specifications were presented to and approved by the City Council on the 18th day of February 2020. 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 a.m., March 20, 2020 at the Andover City Hall. MOTION seconded by Councilmember Holthus and adopted by the City Council at a regular meeting this 2"d day of March , 2020 , with Councilmembers Bukkila, Holthus, Trude, Barthel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Mic elle Hartner — Deputy City Clerk U CITY OF ANDOVER J ie rude - Mayor H �J E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 022-20 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION AMENDING RESOLUTION NO. 015-20 DATED FEBRUARY 18, 2020 FOR PROJECT NO. 20-2 2020 STREET RECONSTRUCTION. WHEREAS, pursuant to Resolution No. 006-20, adopted by the City Council on the 215t day of January 2020, the City Engineer has prepared final plans and specifications for Project No. 20202. WHEREAS, such final plans and specifications were presented to and approved by the City Council on the 18th day of February 2020. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m., March 20, 2020 at the Andover City Hall. MOTION seconded by Councilmember Holthus and adopted by the City Council at a regular meeting this 2°d day of March , 2020 , with Councilmembers Bukkila, Holthus, Trude, Barthel (absent) 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 Ju 9rude - Mayor u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 021-20 MOTION by Council member Bukkila to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 18-33, KELSEY ROUND LAKE PARK TRAIL EXPANSION / 18-34, ANDOVER STATION NORTH TRAIL CONSTRUCTION / 19-19, HILLS OF BUNKER LAKE WEST PARK TRAIL RECONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 013-20 dated February 4 2020, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Project Engineer's North Valley, Sunram Const. Veit & Co. Inc. Estimate Inc. Co. Kelsey Round Lake Park Trail Expansion (C.P. 18-33) $129,835.00 $99,014.05 $121,670.00 $145,522.45 Andover Station North Trail Connection (C.P. 18-34) $126,215.00 $89,035.16 $115,993.00 $135,880.00 Hills of Bunker Lake West Park Trail Reconstruction (C.P. 19-19) $121,130.00 $103,897.71 $126,672.00 $147,196.95 TOTAL COMBINED BID $377,180.00 $291,946.92 $363,335.00 $428,699.40 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to 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 $291,946.92 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 Holthus and adopted by the City Council at a regular meeting this 2nd day of March , 2020, with Council members Bukkila, Holthus, Trude, Barthel (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. © ATTEST: 4",C� Miclielle Hartner — Deputy City Clerk CITY OF ANDOVER J i Trude - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R020-20 A RESOLUTION DECLARING THE ABATMENT OF EXTERIOR STORAGE AT 2143 140TH LANE NW, ANDOVER, MINNESOTA 55304 AND PROPERTY ID NUMBER OF 34-32-24-11-0005 WHEREAS, the property located 2143 140th Lane NW, Andover, Minnesota is in the jurisdictional boundary of the City of Andover; and WHEREAS, the property is legally described as: Lot 5, Block 1, Red Oaks Manor 4th Addition (the "Property"); and WHEREAS, in response to a complaint, City of Andover staff conducted an initial inspection on October 11th, 2019 of the Property, where staff observed and documented conditions of unscreened exterior storage and junk motor vehicles in violation of Andover City Code 12-13-3, 12-13-8, 4-2-3 and 4-1-2 believed to constitute a public nuisance, resulting in a notice being sent to the Property owner, advising of the nuisance violations and requesting the Property owner remedy the violations. Subsequent inspections had shown that the issue had begun to grow and worsen over the summer; and WHEREAS, A second notification was sent on October 21, 2019, followed by a legal letter on November 7, 2019, again requesting compliance by the Property owner; and staff met with the property owner shortly after the initial notification letter and provided a generous extension of time within which to remedy the issue. By early February 2020, City staff determined that insufficient progress had been made to warrant ongoing and additional extensions. WHEREAS, the registered Property owner legally responsible for said Property failed to comply with any of the Compliance Orders issued; and WHEREAS, since the Property owner has still failed to remedy the nuisance violations and remedy the issues, an abatement letter was sent to the property owner on January 29, 2020 and on February 7, 2020 detailing the City's next steps, along with notification of a City Council hearing on February 18, 2020, to consider the City's options in remedying the issue; and WHEREAS, the property meets the definition of a nuisance property as defined by City Code 1- 3-2, as follows: NUISANCE DEFINITION Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the city, or any © activity which by its perpetuation can reasonably be said to have a detrimental effect on the property of a person or persons within the community; and © WHEREAS, Andover City Code 4-1-2 provides that it shall be unlawful for whoever, by their act or failure to perform a legal duty, intentionally maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public, is guilty of maintaining a public nuisance and may be ordered to abate the nuisance; and WHEREAS, as specified in City Code 4-1-1, the health, safety, good order, general welfare, and convenience of the public are threatened by the public nuisances on the Property, and it is therefore declared to be the intention of the Council to have these nuisances abated; and WHEREAS, City Code 4-1-4 allows the City Council, after notice and hearing, to direct such action as is necessary to be taken to abate the nuisance including, but not limited to, authorizing the initiation of district court action to enforce any abatement orders issued by the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the property located at 2143 140th Lane NW, Andover, Minnesota 55304, with the Property ID number of 34-32-24-11-0005 and legally described as Lot 5, Block 1, Red Oaks Manor 4th Addition, Anoka County, Minnesota, be declared a public nuisance; and BE IT FURTHER RESOLVED by the City Council of the City of Andover that said City Council hereby orders that the public nuisances on the Property be abated by correction of the condition of the Property to comply with Andover City Code, and in a reasonable amount of time, not to exceed 30 days from the date of this Resolution; and BE IT FURTHER RESOLVED by the City Council of the City of Andover that if the Property owner does not comply with this abatement order, the City will seek summary enforcement of the abatement order and authorizes the City Administrator to undertake all actions necessary to enforce and execute the abatement order. Any and all costs incurred by the City to enforce and execute the abatement order will be assessed to the Property by special assessment and will be charged a 20 percent administrative processing fee. Adopted by the City Council of the City of Andover this 18t" day of February 2020. ATTEST Mi helle Harmer, City Clerk H CITY OF ANDOVER ul' Trude, Mayor U L H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R019-20 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR LIQUOR SALES, LOCATED AT 13735 ROUND LAKE BLVD NW, SUITE 105, LEGALLY DESCRIBED AS: LOT 1, BLOCK 1, ANDOVER CENTER ADDITION WHEREAS; Margie's Kitchen & Cocktails LLC has requested a conditional use permit for liquor sales with authorization from the property owner within Suite 105 of the subject property, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing on February 11, 2020 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 liquor sales at 13735 Round Lake Blvd NW, Suite 105, subject to the following conditions: 1. A liquor license must be approved by the City of Andover prior to the sale of liquor on the premises. 2. Liquor sales shall only be authorized in Suite 105 and immediately adjacent outdoor areas, as shown on the attached Exhibit A — 2009 Site Interior Drawing. 3. All other permits shall be obtained, including but not limited to Building, Department of Health, etc. 4. The Conditional Use will be subject to a sunset clause as defined in Ordinance No. 8, Section 5.03(D). Adopted by the City Council of the City of Andover on this 18`t' day of February, 2020. CITY OF ANDOVER ATTEST: Mi helle Hartner, Deputy City Clerk J lie Trude, Mayor EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA R018-20 HELD: February 18, 2020 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 in said City on February 18, 2020, at 7:00 P.M., for the purpose of awarding the sale of, $1,310,000 General Obligation Equipment Certificates, Series 2020A. The following members were present: and the following were absent: Member Barthel introduced the following resolution and moved its adoption. RESOLUTION FOR THE ISSUANCE AND SALE OF $1,310,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2020A PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Andover, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $1,310,000 General Obligation Equipment Certificates, Series 2020A (the "Certificates" or individually, a "Certificate"), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the acquisition of capital equipment for the City (the "Equipment"); and B. WHEREAS, each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the Certificates; and C. WHEREAS, the principal amount of the Certificates to be issued does not exceed one -quarter of one percent (0.25%) of the market value of the City ($ times 25% is $); and D. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ('Ehlers"), as its independent municipal advisor for the sale of the Certificates and was therefore authorized to sell the Certificates by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Certificates have been solicited by Ehlers; and F. WHEREAS, the proposals set forth on Exhibit A attached hereto were received ® by the City Administrator, or designee, at the offices of Ehlers at A.M., this same day pursuant to the Terms of Proposal established for the Certificates; and 12360043vl G. WHEREAS, it is in the best interests of the City that the Certificates be issued in book -entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of , (the "Purchaser"), to purchase the Certificates, in accordance with the Terms of Proposal at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Certificates are hereby awarded to said purchaser. The Finance Director is directed to retain the deposit of said purchaser and to forthwith return to the others making proposals their good faith checks or drafts. Terms of Certificates. (a) Title; Original Issue Date; Denominations; Maturities. The Certificates shall be dated March 19, 2020, 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, without option of prepayment, on February 1 in the years and amounts as follows: © Year Amount 2021 2022 2023 2024 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 Certificate(s). (b) Book Entry OnlySystem. 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 Certificates, and to this end: (i) The Certificates shall be initially issued and, so long as they remain in book entry form only (the 'Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Certificate for each maturity of the Certificates; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Certificate shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Certificate. 12360043v1 (ii) Upon initial issuance, ownership of the Certificates shall be registered in a bond register maintained by the Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Certificates neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Certificates as securities depository (the "Participant") or the person for which a Participant holds an interest in the Certificates shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Certificates, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Certificates, 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 Certificates, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Certificates (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 Certificates are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Certificates for the purpose of payment of the principal of and premium, if any, and interest on the Certificates, for the purpose of giving notices of redemption and other matters with respect to the Certificates, 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 Certificates, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Certificates only to or upon the Holder or the Holders of the Certificates 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 Certificates to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Certificate is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Certificate and all notices with respect to such Certificate shall be made and given, respectively, by the Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Certificates (said Letter of 12360043v1 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 Certificates, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Certificate 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 Certificates. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Registrar may establish a special record date for such consent or other action. The City or the Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Registrar in its written acceptance of its duties under this Resolution and any paying agency/registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book -Entry OnlySvstem. 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 Certificates 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 Certificate 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 Certificate that the Beneficial Owners be able to obtain certificates for the Certificates, the Certificates 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 Certificates shall designate at that time, in accordance with paragraph 10. To the © extent that the Beneficial Owners are designated as the transferee by the Holders, in rd 12360043A H accordance with paragraph 10, the Certificates 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 Certificates shall provide funds to finance the Equipment. The total cost of the Equipment, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Certificates. 4. Interest. The Certificates 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 Interest Year Rate 2021 % 2022 2023 2024 5. No Redemption. The Certificates shall not be subject to redemption and prepayment prior to their stated maturity dates. 6. Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as registrar and transfer agent with respect to the Certificates (the "Registrar"), and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any contract the City and Registrar shall execute which is consistent herewith. The Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in the manner set forth in the form of Certificate and paragraph 12. 7. Form of Certificate. The Certificates, together with the Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 12360043v1 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION EQUIPMENT CERTIFICATE, SERIES 2020A DATE OF INTEREST RATE MATURITY DATE ORIGINAL ISSUE CUSIP % February 1, March 19, 2020 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that 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, without option of prepayment, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, 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 Certificate 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 Certificate are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the 'Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Certificate is registered (the "Holder") on the registration books of the Issuer maintained by the 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 Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Holders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Certificate are payable in lawful money of the United States of America. So long as this Certificate 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 Certificate and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until © termination of the book -entry only system pursuant to the Resolution, Certificates may only be registered in the name of the Depository or its Nominee. 12360043v1 No Optional Redemption. The Certificates of this issue (the "Certificates") shall not be subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obligation. This Certificate is one of an issue in the total principal amount of $1,310,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on February 18, 2020 (the "Resolution"), for the purpose of providing money to finance the purchase of various items of capital equipment for the Issuer. This Certificate is payable out of the General Obligation Equipment Certificates, Series 2020A Fund of the Issuer. This Certificate constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Certificates are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Certificates of other Authorized Denominations in equal aggregate principal amounts at the principal office of the 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 Registrar. Copies of the Resolution are on file in the principal office of the Registrar. QTransfer. This Certificate is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Registrar upon presentation and surrender hereof to the 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 Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in exchange for this Certificate, one or more new fully registered Certificates 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 Certificate, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The 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 Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment of Registered Owners. The Issuer and Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Certificate shall be overdue, and neither the Issuer nor the Registrar shall be affected by notice to the contrary. Authentication. This Certificate 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 Registrar. 7 12360043vl A Qualified Tax -Exempt Obligation. This Certificate has been designated by the Issuer as a �j "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. l�l E 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 Certificate, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Certificate, 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. 12360043v1 Q IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Certificate 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. Date of Registration: REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Certificate is one of the Certificates described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Registrar By: 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 I 12360043v1 0 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Certificate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Certificate 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 Registrar will not effect transfer of this Certificate unless the information concerning the transferee requested below is provided. Name and Address: ® (Include information for all joint owners if the Certificate is held by joint account.) 10 12360043v1 © 8. Execution. The Certificates 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 Certificates 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 Certificates shall cease to be such officer before the delivery of the Certificates, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Certificate shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Certificate, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Registrar. Certificates of Authentication on different Certificates need not be signed by the same person. The Registrar shall authenticate the signatures of officers of the City on each Certificate by execution of the Certificate of Authentication on the Certificate and by inserting as the date of registration in the space provided the date on which the Certificate is authenticated, except that for purposes of delivering the original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of original issue of March 19, 2020. The Certificate of Authentication so executed on each Certificate 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 Registrar a certificate register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the registration of transfers of Certificates entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Certificate at the principal office of the Registrar, the City shall execute (if necessary), and the 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 Certificates 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 Certificate may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Certificates may be exchanged for Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Certificates to be exchanged at the principal office of the Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the Certificates which the Holder making the exchange is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. 11 123600430 All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate 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 Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The 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 Certificate and any legal or unusual costs regarding transfers and lost Certificates. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Registrar, including regulations which permit the Registrar to close its transfer books between record dates and payment dates. The City Administrator, or other authorized official of the City, is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Certificate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. Q 12. Interest Payment; Record Date. Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder") on the registration books of the City maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) 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 Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Registrar may treat the person in whose name any Certificate is registered as the owner of such Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above with respect to payment and record date) on such Certificate and for all other purposes whatsoever whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Certificates when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 12 12360043v1 © 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Equipment Certificates, Series 2020A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (i) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less any amount paid for the Certificates in excess of the minimum bid. From the Capital Account there shall be paid all costs and expenses of the acquisition of the equipment, including all costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in the Capital Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all funds paid for the Certificates in excess of the minimum bid; (b) any collections of all taxes heretofore, herein or hereafter levied for the payment of the Certificates and interest thereon; (c) all funds remaining in the Capital Account after the payment of all costs of acquisition of the Equipment; (d) all investment earnings on funds held in the Debt Service Account; and (e) 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 of the Certificates and any other general obligation certificates of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Certificates 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 (i) for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificates were issued and (ii) in addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the certificates 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 Certificates to be "federally 4 guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 13 123600430 16. Tax Lew; Coverage Test. To provide moneys for payment of the principal and interest on the Certificates 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 Lew Year of Tax Collection Amount (See attached Exhibit B) In addition, the City has heretofore levied, in the year 2019 for collection in the year 2020, a direct ad valorem tax in the amount of $ , which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City. The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Certificates, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates 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. 17. Defeasance. When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Certificates shall cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Certificates, 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 Certificates and any other certificates payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Certificate of Registration and Tax Lew. A certified copy of this resolution is hereby directed to be filed with the County Auditor of Anoka County, Minnesota, together with such other information the County Auditor shall require and there shall be obtained from the County Auditor a certificate that the Certificates have been entered in the County Auditor's bond 10 register, and that the tax levy required by law has been made. 14 12360043v1 20. 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 Certificates, certified copies of all proceedings and records of the City relating to the Certificates 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 Certificates as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 21. Compliance with Reimbursement 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 Certificates, 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 (60) 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 20% of the "issue price" of the Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Certificates. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Certificates 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 Certificates 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. 15 12360043vl (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Certificate proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Certificates are issued, shall be treated as made on the day the Certificates are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 21 upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect that such action will not impair the tax-exempt status of the Certificates. 22. Negative Covenant as to Use of Proceeds and Equipment. The City hereby covenants not to use the proceeds of the Certificates or the equipment financed thereby, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the equipment, in such a manner as to cause the Certificates to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 23. Tax -Exempt Status of the Certificates; 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 Certificates, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Certificates, and (iii) the rebate of excess investment earnings to the United States if the Certificates (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small -issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (i) the Certificates are issued by a governmental unit with general taxing powers, (ii) no Certificate is a private activity bond, (iii) ninety-five percent (95%) or more of the net proceeds of the Certificates are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (iv) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Certificates are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 24. Designation of Qualified Tax -Exempt Obligations; Issuance Limit. In order to qualify the Certificates as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Certificates are issued after August 7, 1986; (b) the Certificates are not "private activity bonds" as defined in Section 141 of the Code; © (c) the City hereby designates the Certificates as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; 16 12360043v1 (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2020 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2020 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 25. Continuing Disclosure. The City is the sole obligated person with respect to the Certificates. 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.enima.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. Q (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Certificates 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 Certificates 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 Certificates, and (iii) acceptable to the Officers. 26. 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, 10 paragraph or provision shall not affect any of the remaining provisions of this resolution. 17 12360043v1 © 27. Official Statement. The Official Statement relating to the Certificates prepared and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Certificates to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. R IF 28. 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 vote being taken thereon, the following voted in favor thereof: Trude, Barthel, Bukkila, Holthus and Knight and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 18 12360043v1 H STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified 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 considering proposals for and authorizing the issuance of, $1,310,000 General Obligation Equipment Certificates, Series 2020A of said City. WITNESS my hand this 18a' da., 19 12360043v1 © EXHIBIT A Bid Tabulation ►=J H [To be provided by Ehlers] FEW u DI EXHIBIT B Tax Levy Schedules [To be provided by Ehlers] 12360043v1 H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 017-20 MOTION by Council member Bukkila to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 20-11, ANDOVER STATION NORTH BALL FIELD FACILITY/EAST FIELD LIGHTING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 003-20 dated January 21, 2020, bids were received, opened and tabulated according to law with results of the lowest bidders as follows: Contractor Bid Amount Starry Electric, Inc. $43,500.00 Klein Electric, Inc. $79,995.00 Engineer's Estimate $40, 000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Starry Electric, 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 Starry Electric, Inc. in the amount of $43,500.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Holthus and adopted by the City Council at a regular meeting this 18th day of February , 2020, with Council members Bukkila, Holthus, Trude, Knight, Barthel voting in favor of the resolution, and Council members against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: c 044� I' Trude -Mayor © O Mic elle Hartner —Deputy City Clerk voting H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 016-20 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS. 20-14, 2020 MILL & WHEREAS, pursuant to Resolution Nos. 007-20, 008-20 & 009-20 , adopted by the City Council on the 215t day of January, 2020, the City Engineer has prepared final plans and specifications for Project Nos. 20-14, 20-15 & 20-16 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of February , 2020. 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., March 19, 2020 at the Andover City Hall. MOTION seconded by Councilmember Holthus and adopted by the City Council at a regular meeting this 18th day of February , 2020 , with Councilmembers Bukkila. Holthus. Trude. Kniaht. Barthel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Jqlio Trude - Mayor Michelle Hartner— Deputy.City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 015-20 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 20-2, 2020 STREET RECONSTRUCTION. WHEREAS, pursuant to Resolution No. 006-20 , adopted by the City Council on the 218t day of January, 2020, the City Engineer has prepared final plans and specifications for Project No. 20-2, . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of February , 2020. 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., March 18, 2020 at the Andover City Hall. MOTION seconded by Councilmember Holthus and adopted by the City Council at a regular meeting this 18th day of February , 2020 , 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: J i Trude - Mayor ® is elle Hartner — Deputy City Clerk x C x CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R014-20 A RESOLUTION APPOINTING JUDGES TO SERVE AT THE MARCH 3, 2020 PRESIDENTIAL NOMINATION PRIMARY IN THE CITY OF ANDOVER. WHEREAS, the City Council is required by State Statute to appoint election judges to serve at the March 3, 2020 Presidential Nomination Primary. WHEREAS, the City Council will allow the City Clerk to appoint substitution election judges if necessary. NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as election judges as listed on Attachment A at the March 3, 2020 Presidential Nomination Primary. Adopted by the City Council of the City of Andover this 4`h day of February, 2020. Attest: AMicellqHner-Deputy City Clerk CITY OF ANDOVER J i Trude — Mayor u H H ATTACHMENT Judge Board Report, 2020 Presidential Nomination ,-nary c,et;uv,r A Primary Election, Tuesday, March 3, 2020 Andover P-1 P-1 Hope Lutheran Church, 16180 Round Lake Blvd NW, Andover, MN 55304 Gloria Young, Head Judge Donna Turnbom, Assistant Head Judge Sharon Cramer, Election Judge Carol Moeller, Election Judge Linda Nelson, Election Judge Michael Schilling, Election Judge Faith Whitcraft, Election Judge Andover P-10 P-10 Andover Elementary School, 14950 Hanson Blvd NW, Andover, MN 55304 Nicole Iskierka, Head Judge Teresa Horton, Election Judge Rose Lundequam, Election Judge Rhonda Mengelkoch, Election Judge Linda Olson, Election Judge Andover P-2 P-2 Grace Lutheran Church, 13655 Round Lake Blvd NW, Andover, MN 55304 Craig Bakken, Election Judge Judy Berry, Election Judge Debra Corey, Election Judge Jaqlyn Darling, Election Judge Linda Evavold, Election Judge Cyril Larson, Election Judge Pamela Schilling, Election Judge Andover P-3 P-3 Riverdale Assembly of God Church, 3210 Bunker Lake Blvd NW, Andover, MN 55304 Michael St John, Head Judge Susan McBride, Assistant Head Judge Paula Foley, Election Judge Bev Jovanovich, Election Judge Andover P-4 P-4 Crooked Lake Elementary School, 2939 Bunker Lake Blvd NW, Andover, MN 55304 Leon Tibben, Head Judge Mark Howard, Assistant Head Judge Sandra Paddock, Election Judge Laura Sargent, Election Judge Loretta Sunderland, Election Judge Andover P-5 P-5 Andover Christian Church, 16045 Nightingale ST NW, Andover, MN 55304 Suzanne Peach, Head Judge Peggy Conner, Election Judge Mary Gerrety, Election Judge Judy Jung, Election Judge Gary Nelson, Election Judge Andover P-6 P-6 Prairie Oak Community Church, 1657 161stAve NW, Andover, MN 55304 Bruce Crane, Head Judge Tracy Strombeck, Assistant Head Judge Printed: 11281202011:06AM Page 1 of2 © Judge Board Susan Fanucci, 2020 Presidential Nomination Primary Election Gary Homing, Election Judge William Obedoza, Election Judge Nancy Posl, Election Judge Sharon Saxon, Election Judge Lucy Schalwig, Election Judge Mary White, Election Judge Andover P-7 P-7 Andover City Hall Council Chambers, 1685 Crosstown Boulevard NW, Andover, MN 55304 John Wolf, Head Judge Richard Lindmark Jr, Assistant Head Judge Alyson Gullette, Election Judge Debra Jones, Election Judge Harriet Lentz, Election Judge Jennifer Tatur, Election Judge Ann Tepoorten, Election Judge Andover P-8 P-8 Andover Senior Center, 1685 Crosstown Boulevard NW, Andover, MN 55304 Angel Bourque, Head Judge Jody Rieck, Assistant Head Judge Jan Klinsing, Election Judge Les Lantz, Election Judge Cynthia Wilhelm, Election Judge Andover P-9 © P-9 Bunker Hills Activity Center, 550 Bunker Lake Blvd NW, Andover, MN 55304 Brigette Meeker, Head Judge Janice Fuerst, Election Judge Judy Lestina, Election Judge Mary Vander Lean, Election Judge Printed: 1/28/202011:05 AM Page 2 of 2 H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 013-20 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS. 19-19, HILLS OF CONSTRUCTION. WHEREAS, pursuant to Resolution Nos. 0-96-19 & 038-19 adopted by the City Council on the 19th day of November & 7th day of May , 2019 , _ the Director of Public Works/City Engineer has prepared final plans and specifications for Project Nos. 19-19/18-33/18-34 WHEREAS, such final plans and specifications were presented to the City © Council for their review on the 4th day of February 2020. 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., February 25 , 2020 at the Andover City Hall. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 4th day of February , 2020, with Councilmembers Knight, Barthel, Holthus, Bukkila (absent), Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Jki Trude - Mayor Mich Ile Hartner — Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 012-20 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the street hereinafter described should be designated 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 street described as follows, to wit: • MSAS 137: Veterans Memorial Boulevard NW from Tower Drive to Hanson Boulevard NW (CSAH 78) be and hereby established, located and designated as a Municipal State Aid street 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 4th day of February , 2020 . ATTEST: Mic elle Hartner — Deputy City Clerk CITY OF ANDOVER Ju rude - 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 February 4, 2020. Michelle Hartner— Deputy City Clerk H 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 011-20 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 139: Veterans Memorial Blvd NW (formerly Tower Drive) east of the north/south section of Tower Drive to Hanson Boulevard NW be and hereby are revoked as a Municipal State Aid Street 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 street or portions thereof. u Adopted by the City Council of the City of Andover this 41h day of February 2020. CITY OF ANDOVER ATTEST: Ju a rude - Mayor Michbile 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 February 4, 2020. is elle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Resolution No. RO10-20 Council Member Knight introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $1,310,000 General Obligation Equipment Certificates, Series 2020A 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 $1,310,000 General Obligation Equipment Certificates, Series 2020A (the "Certificates"), to finance the acquisition of various capital equipment for the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent municipal advisor for the Certificates 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 Certificates. 2. Meetin : Proposal Opening. The City Council shall meet at 7:00 p.m. on February 18, 2020, for the purpose of considering proposals for and awarding the sale of the Certificates. 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 Certificates 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 Holthus and, after full discussion thereof and upon a vote being taken thereon, the following City Council Members voted in favor thereof: Trude, Barthel, Bukkila, Holthus and Knight and the following voted against the same: None Whereupon said resolution was declared duly pa Dated this 21 It day of January, 2020. H F X ? L H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 009-20 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 20-16, 2020 MILL & OVERLAY/WOODLAND ESTATES 1ST & 2ND ADDITIONS AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 103-19 of the City Council adopted on the 17th day of December , 2019, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 21s' day of January 2020: 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. 20-16 . MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 215t day of January 2020, with Councilmembers Barthel, Knight, Trude, Holthus Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: i MichIlle Hartner — Deputy City Clerk CITY OF ANDOVER J li Trude - Mayor 101 H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 008-20 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 20-15, 2020 MILL & OVERLAY/MARTIN STREET NW AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 102-19 of the City Council adopted on the 17th day of December , 2019, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 215t day of January , 2020; 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. 20-15 . MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 215t day of January 2020, 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 Ile Hartner — Deputy City Clerk CITY OF ANDOVER uli Trude - Mayor 0 ❑i u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 007-20 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 20-14, 2020 MILL & OVERLAY/JAY STREET NW AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 101-19 of the City Council adopted on the 17th day of December , 2019, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 21st day of January 2020: 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. 20-14 . MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 21st day of January 2020, 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: Vic kQ 1--- le Hamner eputy City Clerk CITY OF ANDOVER uli Trude - Mayor 0 ►J n CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 006-20 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 20-2, 2020 STREET RECONSTRUCTION AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 100-19 of the City Council adopted on the 1711 day of December , 2019, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 215t day of January 2020: 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. 20-2 . MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 21st day of January 2020, 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: 'Miclielle Hartner — Deputy City Clerk CITY OF ANDOVER li Trude - Mayor U CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 005-20 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #3 TO PROJECT NO. 18-39, LIFT STATION #10 IMPROVEMENTS. WHEREAS, the City of Andover has a contract for Project No. 18-39, Lift Station #10 Improvements 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 #1 to Project No. 18-39. © Adopted by the City Council of the City of Andover this 215t day of January ,2020. CITY OF ANDOVER ATTEST: J ie rude -Mayor �Haner I Mi helle—Deputy City Clerk. H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 004-20 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 18-37, VETERANS MEMORIAL BOULEVARD NW CONSTRUCTION WHEREAS, the City of Andover has a contract for Project No. 18-37, Veterans Memorial Boulevard NW Construction with Designing Earth Contracting of East Bethel, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order #1 to Project No. 18-37. © Adopted by the City Council of the City of Andover this 21st day of January 2020. CITY OF ANDOVER ATTEST: Jule rude - Mayor Mic elle Hartner — Deputy City Clerk H ❑s CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 003-20 MOTION by Councilmember Bukkila to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 20-11, ANDOVER STATION NORTH BALL FIELD FACILITY/EAST FIELD LIGHTING . WHEREAS, pursuant to Resolution No. 095-19 , adopted by the City Council on the 19th day of November , 2019, Wunderlic-Malec Engineering Inc has prepared final plans and specifications for Project No. 20-11 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 21st day of January 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. © BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. February 12, 2020 at the Andover City Hall. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 215t day of January 2020, 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: ul' Trude - Mayor © Mic Ile Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R002-20 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 2020 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 2020 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 7th day of January 2020. CITY OF ANDOVER ATTEST: 1' Trude - Mayor VIic elle Hartner — Deputy City Clerk U CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 RES. NO. R001-20 A RESOLUTION DESIGNATING CITY OF ANDOVER 2020 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 151h and May I Ph for 2020. 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 2020 Board of Appeal and Equalization hearing at the Andover City Hall for properties within the City of Andover; and WHEREAS, the City of Andover City Council desires to designate the members for the City of Andover Board of Appeal and Equalization for 2020; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's 2020 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 7" day of January 2020. CITY OF ANDOVER ATTEST: Ju a Trude - Mayor Mic elle Hartner — Deputy City Clerk