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HomeMy WebLinkAbout20212021 Resolutions Res. # Subject Date Recorded Number 001-21 Accept contribution/Andover Football Association/Pine Hills North facility 01/05/21 002-21 Accept donation/utility expenses/anonymous donor 01/05/21 003-21 Remove existing no parking signs/Preserve at Petersen Farms 01/05/21 004-21 Establish parking restrictions/Meadows at Petersen Farms 01/05/21 005-21 Order im rovement/ ro'ect 20-18/Prairie Knoll Parkplan/north parking lot paving 01/05/21 006-21 Order im rovement/ ro'ect 21-14/Tom Anderson trail maintenance improvements 01/05/21 007-21 Desijznate de ositories 01/05/21 008-21 Revoking CUP/Mark Hedin/Farm Winery 3482 165" Lane 01/19/21 2/1/21 2301153. 007 009-21 Order improvement/project 21-17/2021 mill & overlay/SE corner of City 01/19/21 010-21 Granting vacation of easement/297 143rd Ave. 01/19/21 2/1/21 2301153. 008 011-21 Declare dog as a dangerous do /2623 138" Ave./Michael S ie elber 01/19/21 012-21 Declare dog as a nuisance/2623 138" Ave./Michael S ie elber 01/19/21 013-21 Order improvement/project 21-25/Tower #2 reconditioning and painting 02/02/21 014-21 Approve final plans andspecs/project 21-17/2021 mill & overlay SE corner of the city 02/02/21 015-21 Rescind resolution R035-20/declaration of emergency COVID-19 02/02/21 016-21 Contribution/MN State Fire Marshal's Office/Andover Fire Station #2 02/02/21 017-21 Approve final plans andspecs/project 21-18 Advanced Metering Infrastructure 02/16/21 018-21 Order improvement/project 21-21 Coon Creek trunk lift station 111 02/16/21 019-21 Order improvement/project 21-27 Public Works/refinish exterior panels 02/16/21 020-21 Approve classification and requesting conveyance of tax forfeited property 02/16/21 021-21 Amend text/comprehensive plan 02/16/21 022-21 Amend comprehensiveplan/move urban service area (MUSA) boundary to include parcel 24-32-24-43-0001 02/16/21 023-21 Resolution determining the environmental assessment worksheet EAW for publication 02/16/21 024-21 Approve final plans andspecs/project 20-18 and 21-14 03/02/21 025-21 Approve 50 mph speed limit/Nightingale St. between Crosstown Blvd. and 16111 Ave. 03/02/21 026-21 Approve 35 mph speed limit/Veterans Memorial Blvd. between Nightingale St. and Tower Dr. 03/02/21 027-21 Approve lots lit/2225 1671" Ave. 03/02/21 028-21 Accept bids/award contract/projects 21-17 & 21-8 03/16/21 029-21 Approve CUP/accessory dwelling unit/4815 159' Ave. 03/16/21 3/29/21 2310739. 004 030-21 Amend the Comprehensive Land Use Plan/30-32-24-42-0001 and 35-32-24-32-0001 03/16/21 031-21 Accept bids/ro'ects 21-14 & 20-18 04/06/21 032-21 Accept donation/bleachers/Andover Lions Park/Andover Baseball Association 04/06/21 033-21 Establish municipal state aid streets 04/06/21 034-21 Accept bids/projects 21-03 21-05. 21-07 & 21-10 04/06/21 035-21 Amend Comprehensive Plan/24-32-24-43-0001 04/06/21 036-21 Approve record of decision/negative declaration of an environmental impact statement/The Fields of Winslow Cove 04/06/21 037-21 Accept bidsro'ect21-18 04/06/21 038-21 Set annual income level/senior citizen & disabled individuals/special assessments & sanitary sewer rates 04/20/21 2021 Resolutions 039-21 Amend Comprehensive Plan/30-32-24-43-0001 04/20/21 040-21 Approve CUP/liquor license/1574 154" Ave. Suite 102/Tasty Taco 04/20/21 5/7/21 2317376. 002 041-21 CUP/commercial greenhouse/14700 Sycamore St. 04/20/21 4/30/21 2316202. 006 042-21 Rescind resolution R034-21/ ro'ects 21-03, 21-05, 21-07 and 21-10 04/20/21 043-21 Accept bids/projects 21-03 21-05, 21-07, and 21-10 04/20/21 044-21 Accept donation/community center/face masks for visitorsBiclite USA LLC 05/04/21 045-21 Approve CUP/LGA Andover LLC/ reliminaplat/Andover Village 05/04/21 046-21 Approve preliminary plat/Andover Village 05/04/21 047-21 Approve final plans & specs/project 21-21 Coon Creek trunk lift station #11 05/18/21 048-21 Amend CUP/private utility structures/14371 P" Ave./30-32-24-42-0002 06/01/21 6/21/21 2323964. 003 049-21 Award contract/project 21-21/Coon Creek Trunk Lift Station #11 06/15/21 050-21 Approve finalplat/Andover Village 06/15/21 051-21 Comprehensive Plan amendment/land use 06/15/21 052-21 Grant vacation of easement/15923 Drake St. 06/15/21 6/25/21 2324804. 002 053-21 Approve Conditional Use Permit/15018 Bluebird St./in-home beauty salon 06/15/21 6/25/21 2324804. 003 054-21 Adopt assessment roll/project 21-43/1439 146" Ave. 7/20/21 055-21 Desi nate no parking/north side 159" Ave. between Ma stone Blvd. and west end of 159`" Ave. 07/20/21 056-21 Approve preliminary plat/Oakview Acres 07/20/21 057-21 Vacation of easement/15058 Thrush St. 08/02/21 8/23/21 592096.0 03 058-21 Remove existing no parking si nsiboth sides of 159" Ave./Marystone Blvd. & 159t' Ave. 07/20/21 059-21 Adopt assessment roll/21-46/14452 Round Lake Blvd./water main 08/17/21 060-21 Accept comribution/FEMA 2020 Assistance to Firefighters 08/17/21 061-21 Vacating a temporary easement for cul-de-sac/15779 Avocet St. and 15768 Avocet St. 09/07/21 11/8/21 2344458. 007 2344458. 006 062-21 Approve final lat/Oakview Acres 09/07/21 063-21 Approve preliminary plat/The Meadows at Nightingale 09/07/21 064-21 Approve CUP and PUD/Fields of Winslow Cove/Lennar 09/07/21 065-21 Approve preliminary plat/Fields of Winslow Cove 09/07/21 066-21 Adopt 2022 property tax levy to be certified to the County Auditor 09/07/21 067-21 Updating certified bonded indebtedness for 2022 09/07/21 068-21 Declare costs/directing preparation of assessment roll/project 21-17 2021 mill & overlay 09/21/21 069-20 Public hearin / ro'ect 21-17 2021 mill & overlay10/05/21 070-21 Alrove final lans andspecs/project 21-25 Tower #2 reconditioning and painting 10/05/21 071-21 Declare cost/delinquent services 10/05/21 2021 Resolutions 072-21 Order feasibility report/project 22-02/street reconstruction 10/19/21 073-21 Adopt City 2022-2026 Capital Improvement Plan 10/19/21 074-21 Sale of general obligation street reconstruction and equipment bonds 10/19/21 075-21 Call public hearing/street reconstruction plan bonds 10/19/21 076-21 Vacation of easement/22-32-24-31-0019/Woodland Estates 2nd Addition 10/19/21 077-21 Finalplat/Meadows ofNightingale 10/19/21 078-21 Financing/reimbursement bond/2022 equipment urchases 11/03/21 079-21 Authorizing joinder of the wellhead protection im lementation/JPA with Anoka County and various cities 11/03/21 080-21 Establish 2022 polling places 11/03/21 081-21 Adopt assessment roll/project 21-17/mill & overlay 11/03/21 082-21 Adopt assessment roWdelin uent services 2021 11/03/21 083-21 Issuance of bonds/general obligation/street reconstruction 11/03/21 084-21 Accept feasibility report/project 22-2/2022 Street Reconstruction 11/16/21 085-21 Adopt assessment roll/project 21-52/water main/3502 142nd Ave. 11/16/21 086-21 Classification and sale of forfeited property 17-32-24-32-0022 11/16/21 087-21 Declare condition of property 2863 S. Coon Creek Dr. a public nuisance 11/16/21 088-21 Order feasibility report/project 22-15/2022 mill & overlay/Chesterton Commons & Fox Hollow 12/07/21 089-21 Order feasibility report/project 22-16/2022 mill & overlay/Andover Blvd. 12/07/21 090-21 Order feasibility report/project 22-17/2022 mill & overlay/Bluebird St. 12/07/21 091-21 Order improvement/project 22-18/Pine Hills North & Pine Hills South parking lot paving 12/07/21 092-21 Approve change order #1/ ro'ect 21-18 Advanced Metering Infrastructure 12/07/21 093-21 Accept bids/project 21-25/Tower #2 reconditioning & painting 12/07/21 094-21 Issuance and sale of general obligation bonds/series 2021A 12/07/21 095-21 Order improvement/project 22-2/2022 Street Reconstruction 12/07/21 096-21 Approve variance/16971 Ward Lake Dr. 12/07/21 097-21 Adopt City of Andover 2022 Budget and Property Tax Levy 12/07/21 098-21 Certified bonded indebtedness for 2022 12/07/21 099-21 Approve cost of living wage adjustments for non -bargaining employees 12/21/21 100-21 Accept feasibility report/project 22-15/mill & overlay/Chesterton Commons & Fox Hollow 12/21/21 101-21 1 Acce t feasibili report/project 22-16/mill & overlay/Andover Blvd. 12/21/21 102-21 Accept feasibili report/project 22-17/mill & overlay/Bluebird St. 12/21/21 103-21 Accept coronavirus local fiscal recovery fund 12/21/21 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R103-21 A RESOLUTION TO ACCEPT THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND ESTABLISHED UNDER THE AMERICAN RESCUE PLAN ACT WHEREAS, since the first case of coronavirus disease 2019 (COVID-19) was discovered in the United States in January 2020, the disease has infected over 32 million and killed over 575,000 Americans ("Pandemic"). The disease has impacted every part of life: as social distancing became a necessity, businesses closed, schools transitioned to remote education, travel was sharply reduced, and millions of Americans lost their jobs; WHEREAS, as a result of the Pandemic cities have been called on to respond to the needs of their communities through the prevention, treatment, and vaccination of COVID-19. WHEREAS, city revenues, businesses and nonprofits in the city have faced economic impacts due to the Pandemic. WHEREAS, Congress adopted the American Rescue Plan Act in March 2021 ("ARPA") which included $65 billion in recovery funds for cities across the country. WHEREAS, ARPA funds are intended to provide support to state, local, and tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses. WHEREAS, $3,621,613 has been allocated to the City of Andover ("City") pursuant to the ARPA ("Allocation"). WHEREAS, the United States Department of Treasury has adopted guidance regarding the use of ARPA funds. WHEREAS, the City, in response to the Pandemic, has had expenditures and anticipates future expenditures consistent with the Department of Treasury's ARPA guidance. WHEREAS, the State of Minnesota will distribute ARPA funds to the City because its population is less than 50,000. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFANDOVER, MINNESOTA AS FOLLOWS: The City intends to collect its share of ARPA funds from the State of Minnesota to use in a manner consistent with the Department of Treasury's guidance. 2. City staff, together with the Mayor and the City Attorney are hereby authorized to take any actions necessary to receive the City's share of ARPA funds from the State of Minnesota for expenses incurred because of the Pandemic. 3. City staff, together with the Mayor and the City Attorney are hereby authorized to make recommendations to the City Council for future expenditures that may be reimbursed with ARPA funds. Adopted by the City Council of Andover, Minnesota this 2 1 " day of December 2021. CITY OF ANDOVER Attested: Mi helle Hartner - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 102-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR PROJECT NO. 22-17, 2022 MILL & OVERLAY/BLUEBIRD STREET NW. WHEREAS, pursuant to Resolution No. 090-21, adopted the 7t" day of December, 2021 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 215t day of December, 2021; and WHEREAS, such reports declared the proposed assessments to be feasible for an estimated total project cost of $123,250.00. 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. 22-17 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 $123,250.00. 3. A public hearing shall be held on such proposed improvement on the 18th day of Janua , 2022 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 Nelson and adopted by the City Council at a regular meeting this 21st day of December 2021 , with Councilmembers Barthel, Nelson, Holthus, Butler, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Sheri ukkila ic elle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 101-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR PROJECT NO. 22-16, 2022 MILL & OVERLAY/ANDOVER BOULEVARD NW. WHEREAS, pursuant to Resolution No. 089-21, adopted the 7th day of December, 2021 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 215t day of December, 2021; and WHEREAS such reports declared the proposed assessments to be feasible for an estimated total project cost of $176,200.00. 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. 22-16 for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $176,200.00. 3. A public hearing shall be held on such proposed improvement on the 18th day of January 2022 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 Nelson and adopted by the City Council at a regular meeting this 21st day of December, 2021, with Councilmembers Barthel, Nelson, Holthus, Butler, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER i ATTEST: ` Seri ytl da - M Mich Ile Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 100-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLICHEARING ON IMPROVEMENT FOR PROJECT NO. 22-15, 2022 MILL & OVERLAY/ CHESTERTON COMMONS AREA & FOX HOLLOW. WHEREAS, pursuant to Resolution No. 088-21, adopted the 7th day of December, 2021 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 215t day of December, 2021; and WHEREAS such reports declared the proposed assessments to be feasible for an estimated total project cost of $2,169,300.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 22-15 for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $2,169,300.00. 3. A public hearing shall be held on such proposed improvement on the 18th day of January 2022 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 Nelson and adopted by the CityCouncil at a regular meeting this 21st day of December 2021, with Councilmembers Barthel, Nelson, Holthus, Butler, Nukkila voting in favor of the resolution, and Councilmembers _ none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Sheri B kila - Ma 'MI?��,� Mic elle Hartner —Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R099-21 APPROVING COST -OF -LIVING WAGE ADJUSTMENTS FORNON-BARGAINING EMPLOYEES FOR CALENDAR YEAR 2022 WHEREAS, cost -of -living wage adjustments for non -bargaining employees are in order to recognize annual inflationary increases in cost -of -living standards as measured by the Consumer Price Index (CPI), and regional economic and market -based indicators; and WHEREAS, the annual percentage adjustments of two and three quarters (2.75) percent increase effective January 1, 2022 are within the expenditure guidelines established in the 2022 Budget; and NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves cost - of -living wage adjustments of two and three quarters (2.75) percent increase effective January 1, 2022, for all non -bargaining employees. Adopted by the City Council on December 21, 2021 Attest: Micl elle Hartner, Deputy City Clerk S CITY OF ANDOVER M�yor.Wei-TBaMP!Syor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R098-21 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2022. 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 2022 as listed on Attachment A. Adopted by the City of Andover this 71 day of December 2021. TTEST: Mi elle Harmer— Deputy City Clerk F CITY OF ANDOVER Sheri Bu STATE OF MINNESOTA) ©COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R098-21 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2022 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 7'b day of December 2021. qi'Ad�, iclielle Hartner — Deputy City Clerk x CITY OF ANDOVER XF `M F 2022 Proposed Levy Certification Debt Changes County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explanation 70 2012C GO Taxable Abatement Bonds 74 2018A GO Capital Improvement Plan Bonds 75 2019A GO Taxable Abatement Bonds 76 2020 GO Equipment Certificate 2021A GO Equipment Certificate 2021A GO Street Reconstruction Bonds Total $ 974,628 $ 974,628 617,519 617,519 1,014,065 1,014,065 374,850 374,850 - 170,000 600,000 $ - Meet bona fide debt service requirements Meet bona fide debt service requirements Meet bona fide debt service requirements Adjustment for PY levy amount (170,000) new issuance (600,000) new issuance $ 2,981,062 $ 3,751,062 $ (770,000) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R097-21 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2022 BUDGET AND 2022 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, 2021; 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, 2021. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2022 City of Andover Budget and the 2022 property tax levy totaling $16,107,254 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2022 City of Andover Budget by fund type as follows: 111wWold General Fund Special Revenue Funds Debt Service Funds Capital Projects Funds Enterprise Funds Internal Service Funds Total EXPENDITURES $ 12,699,145 General Fund $ 13,382,093 4,117,588 Special Revenue Funds 3,758,769 4,659,505 Debt Service Funds 3,617,529 15,021,155 Capital Projects Funds 13,294,520 6,140,115 Enterprise Funds 6,264,073 1,437,715 Internal Service Funds 1,612,431 $ 44,075,223 Total $ 41,929,415 Adopted by the City of Andover this 7" day of December 2021. ATTEST: u/l`f Y�/1 Wic*He1r4DCepuJty City Clerk CITY OF ANDOVER Sheri Buldci - ayo - — f 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. R097-21 adopting the City of Andover 2022 Budget and 2022 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 band this 7' day of December 2021. 9� Mich Ile Hamner —Deputy City Clerk X U H F X CITY OF ANDOVER, MINNESOTA AffachmentA 2022 Property Tax Levy Proposed 2022 Levy General Fund Levy General Operations $ 9,868,370 Community Center Operations 155,000 Park Repair/Replacement Items 130,000 Total General Fund 10,153,370 Debt Service Funds Levy 2012C Taxable G.O. Abatement Bonds 974,628 2018A G.O. Capital Improvement Plan Bonds 617,519 2019A Taxable G.O. Abatement Bonds 1,014,065 2020A G.O. Equipment Certificate 374,850 2021A G.O. Equipment Certificate 170,000 2021A G.O. Street Reconstruction Bonds 600,000 Total Debt Service 3,751,062 Other Levies Capital Projects Levy Capital Equipment/Project 275,000 Facility Maintenance Reserve 355,000 Parks Projects 15,000 Road & Bridge 1,409,579 Pedestrian Trail Maintenance 108,243 Lower Rum River Watershed 40,000 Total Other 2,202,822 Gross City Levy $ 16,107,254 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R096-21 A RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT 16971 WARD LAKE DRIVE NW, PID# 12-32-24-24-0002, LEGALLY DESCRIBED AS: THE S1/2 OF NW1/4 OF SEC 12 TWP 32 RGE 24 EXNl/2 OF SWl/4 OF SD NW1/4 ALSO EX A PARCEL DESC AS FOL: BEG AT SW COR OF SD SW1/4 OF NW1/4, TH NLY ALG W LINE OF SD 1/4 OF 1/4, 250 FT, TH ELY ALG A LINE PERPENDICULAR TO W LINE OF SD 1/4 OF 1/4, 174.24 FT, TH SLY ALG A LINE PRLL/W W LINE OF SD 1/4 OF 1/4, 250 FT +OR- TO S LINE OF SD 1/4 OF 1/4, TH WLY ALG S LINE OF SD 1/4 OF 1/4, 174.24 FT+OR- TO POB, TOG/W NE1/4 OF SW1/4 AND SETA OF SWl/4 SD SEC, EX THAT PRT LYG SELY OF CSAH NO 18, ALSO EX RD SUBJ TO EASE OF REC WHEREAS, the applicant has requested approval of a variance from City Code 9-14-5-4-b-ii to increase the maximum size of ground mounted solar energy systems on the subject property from 1,200 square feet to 3,600 square feet; and, WHEREAS, the Andover Review Committee has reviewed the variance request; and, WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission held a public hearing on November 23, 2021 pursuant to the requirements of City Code 12-14-7; and, WHEREAS, the Planning and Zoning Commission has determined that said request is in harmony with the general purposes and intent of the official control and is consistent with the Comprehensive Plan; and, WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request; and, WHEREAS, the City Council completed a review of the variance request along with the recommendation of the Planning and Zoning Commission; and, WHEREAS, the City Council approves the variance request to increase the maximum size of ground mounted solar energy systems from 1,200 square feet to 3,600 square feet in order to accommodate the construction of a solar energy system to provide for the year-round electricity needs of the applicants; and, WHEREAS, based on the criteria for granting a variance under City Code 12-14-7, the City Council finds the following findings of facts to support the approval of the variance requests: Q 1. The property owner proposes to use the property in a reasonable manner not permitted by an official control. • The applicants are looking to construct solar panels on their property in order to have a positive impact on energy production and conservation. • City Code and the Comprehensive Plan encourage the use of alternative energy, such as solar panels, in ways that will not have an adverse impact on the community. • City Code allows for the construction of solar energy systems in all zoning districts provided they meet City Code requirements. • The applicants believe their request is reasonable as the increased size will allow for a solar energy system that will meet their energy needs year-round. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The subject property is 114-acres in size and is much larger than the typical 2.5- acre rural lot within the City. • The applicant has indicated their home is 7,000 square feet in size and may be above -average sized for the City. • The applicant has indicated that their dwelling has a roof utilizing cedar shakes which would not allow for the use of solar panels on the roof. • The applicant has indicated that most contractors they have worked with would not install solar panels over top of cedar shakes. © • When the City Council adopted City Code 9-14-5-4-b-ii, a property 114 acres in size was not contemplated for the purposes of ground mounted solar panel size. 3. The variance, if granted, will not alter the essential character of the locality. • The subject property is 114 acres in size. • The subject property is located within the rural portion of the community. • The subject property is zoned R-1: Single Family Rural. • The proposed ground mounted solar panels will be setback approximately 1,777 feet from Ward Lake Drive NW, 1,700 feet from Crosstown Blvd NW and 588 feet from the nearest property line. • The proposed ground mounted solar panels will be screened in accordance with City Code requirements and meet all other City Code requirements. 4. Economic considerations alone do not constitute practical difficulties. • If the variance is not granted, the applicant has indicated the 1,200 square foot maximum for ground mounted solar panels would not provide the electricity they need to meet their energy needs year-round. • The applicant has indicated they are not comfortable with the use of roof mounted solar panels partially due to the cost of potential roof reconstruction and maintenance. • As the amount of solar power vanes from day to day, the applicant has indicated they may sell a limited amount of electricity back to the public utility which may create a profit for the applicants. x H NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variance request with the following conditions: 1. All appropriate permits shall be obtained prior to construction. 2. The solar energy system must meet all other applicable City Code requirements. 3. Pursuant to City Code 12-14-7-E-6, if the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. 4. In the event the property is ever split or subdivided, the City may readdress this variance to consider requiring alterations as to the size and/or number of solar panels, their location on the property, and any other matters the City feels is necessary to avoid the creation of nuisances for surrounding properties. Adopted by the City Council of the City of Andover this 7 h day of December, 2021. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Sheri Bu 'la, NCayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 095-21 MOTION by Councilmember Butler to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 22-2, 2022 STREET RECONSTRUCTION AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 084-21 of the City Council adopted on the 16th day of November , 2021, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 7th day of December , 2021; 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. 22-2 . MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 7th day of December 2021, with Councilmembers Butler, Nelson, Bathel, Bukkila voting in favor of the resolution, and Councilmembers Holthus voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: l;� Mic elle Hartner—Deputy City Clerk © EXTRACT OF MINUTES OF A MEETING CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: DECEMBER 7, 2021 Pursuant to due call, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall on December 7, 2021, at 7:00 P.M., for the purpose, in part of authorizing the issuance and awarding the sale of $7,765,000 General Obligation Street Reconstruction and Equipment Bonds, Series 2021A. The following members were present: and the following were absent: Member Holthus introduced the following resolution and moved its adoption: RESOLUTION NO. R094-21 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $7,765,000 GENERAL OBLIGATION STREET RECONSTRUCTION AND EQUIPMENT BONDS, SERIES 2021A, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council has heretofore determined and declared that it is 4 necessary and expedient to issue $7,765,000 General Obligation Street Reconstruction and Equipment Bonds, Series 2021A (the "Bonds" or individually a "Bond"), pursuant to Minnesota Statutes, Chapters 475; and 1. Section 475.58, Subdivision 3b, to finance street reconstruction improvements under the City's Street Reconstruction Plan (the "Street Reconstruction Projects") in the amount of $7,135,000 (the "Street Reconstruction Portion of the Bonds"); 2. Section 412.301 to finance the acquisition of capital equipment for the City (the "Equipment") in the amount of $630,000 (the "Equipment Portion of the Bonds"); B. WHEREAS, on November 3, 2021, following duly published notice thereof, the Council held a public hearing on the issuance of approximately $7,500,000 principal amount of bonds to finance the Street Reconstruction Projects and all persons who wished to speak or provide written information relative to the public hearing were afforded an opportunity to do so; and C. WHEREAS, no petition signed by voters equal to 5 percent of the votes cast in the City in the last municipal general election requesting a vote on the issuance of the street reconstruction bonds was filed with the City Administrator within 30 days after the public hearing on November 3, 2021; and D. WHEREAS, the Bonds, together with any outstanding bonds of the City that are © subject to the City's net debt limit, do not exceed the City's net debt limit; and 71739402v1 © E. WHEREAS, each item of Equipment to be financed by the Equipment Portion of the Bonds, as hereinafter defined, has an expected useful life at least as long as the term of the Equipment Portion of the Bonds; and H F. WHEREAS, the principal amount of the Equipment Portion of the Bonds does not exceed one -quarter of one percent (0.25%) of the estimated market value of the taxable property in the City ($3,685,960,800 times 0.25% is $9,214,902); and G. WHEREAS, the City has retained Ehlers and Associates, Inc., in Roseville, Minnesota ('Ehlers"), as its independent municipal advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and H. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Administrator, or designee, at the offices of Ehlers at 10:00 A.M. this same day pursuant to the Preliminary Official Statement for the Bonds, dated November 24, 2021; and I. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of Northland Securities, Inc. (the "Purchaser"), to purchase the Bonds in accordance with the Preliminary Official Statement, at the rates of interest hereinafter set forth, and to pay therefor the sum of $7,921,685.18, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted and the Bonds are hereby awarded to the Purchaser. The Finance Manager is directed to retain the deposit of the Purchaser. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated December 28, 2021, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2023 $975,000 2027 $905,000 2024 1,010,000 2028 925,000 2025 1,030,000 2029 930,000 2026 1,050,000 2030 940,000 2 7I739402vl ® As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). EO (b) Allocation. The Street Reconstruction Portion of the Bonds, being the aggregate principal amount of $7,135,000 maturing in each of the years and amounts hereinafter set forth are issued to finance the Street Reconstruction Projects. The Equipment Portion of the Bonds, being the aggregate principal amount of $630,000, maturing in each of the years and amounts hereinafter set forth, is issued to finance the Equipment. Street Reconstruction Equipment Year Portion Portion Total 2023 $825,000 $150,000 $975,000 2024 855,000 155,000 1,010,000 2025 870,000 160,000 1,030,000 2026 885,000 165,000 1,050,000 2027 905,000 -- 905,000 2028 925,000 925,000 2029 930,000 -- 930,000 2030 940,000 - 940,000 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, including the levy of taxes, the prepayment may be allocated to any portions of debt service in such amounts as the City shall determine. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the 'Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). 71739402v1 © (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the © Bonds, collectively hereinafter referred to as the "Letter of Representations"). 71739402v1 (vii) All transfers of beneficial ownership interests in each Bond issued in © book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (d) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with © respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (e) 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 71739402v1 © such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purposes. The Street Reconstruction Portion of the Bonds shall provide funds to finance the Street Reconstruction Projects. The Equipment Portion of the Bonds shall provide funds to finance acquisition of the Equipment. The Street Reconstruction Projects and the Equipment are herein referred to together as the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2022, 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 e Interest Rate Maturity Year Interest Rate 2023 2.000% 2027 2.000% 2024 2.000 2028 1.000 2025 2.000 2029 1.100 © 2026 2.000 2030 1.200 5. Redemption. All Bonds maturing on February 1, 2028 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2027, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds thirty (30) days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than © $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the 0 71739402v1 City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the © City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor -paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY © CITY OF ANDOVER R- GENERAL OBLIGATION STREET RECONSTRUCTION AND EQUIPMENT BOND, SERIES 2021A Interest Rate Maturity Date Date of Original Issue CUSIP % February 1, December 28, 2021 REGISTERED OWNER: CEDE & CO. IL[QIVV1W:\u��111 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, unless called for earlier redemption, 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, 2022, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has © been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the 71739402A principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. All Bonds of this issue (the 'Bonds") maturing on February 1, 2028, and thereafter, are subject to redemption and prepayment at the option of the Issuer on ® February 1, 2027, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds thirty (30) days prior to the date fixed for redemption. Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at © $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, 717394020 ® however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $7,765,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on December 7, 2021 (the "Resolution"), for the purpose of providing money to finance various street reconstruction projects within the jurisdiction of the Issuer and the acquisition of capital equipment. This Bond is payable out of the General Obligation Street Reconstruction and Equipment Bonds, Series 2021A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in © whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all 71739402v1 © other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax -Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Administrator, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL BOND REGISTRAR'S ASSOCIATION CERTIFICATE OF AUTHENTICATION CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA This Bond is one of the Bonds described in the Resolution mentioned within. /s/ Facsimile Mayor U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota, Bond Registrar /s/ Facsimile City Administrator By: Authorized Signature E 10 71739402v1 0 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) underthe (State) Transfers to Minors Act (Minor) Uniform Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the © Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: Signature Guaranteed: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Bond Registrar will not affect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 11 717394020 \J 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and City Administrator and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of December 28, 2021. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 12 71739402v1 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Manager is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the 'Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall.be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Manager to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby established a special fund to be designated "General Obligation Street Reconstruction and Equipment Bonds, Series 2021A Fund" (the ® "Fund") to be administered and maintained by the Finance Manager as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. 13 71739402v1 The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts to be designated the "Capital Account" and the 'Debt Service Account." (a) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds. From the Capital Account there shall be paid all costs and expenses of making the Street Reconstruction Projects and acquiring the Equipment, including the cost of any construction or other contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Capital Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied or covenanted to be levied; and provided further that if upon completion and acquisition of the Project there shall remain any unexpended balance in the Capital Account and any balance shall be transferred to the Debt Service Account. (b) Debt Service Account. There shall be maintained separate subaccounts in the Debt Service Account to be designated the "Street Reconstruction Projects Debt Service Subaccount" and the "Equipment Debt Service Subaccount." There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (i) Street Reconstruction Projects Debt Service Subaccount. To the Street Reconstruction Projects Debt Service Subaccount there shall be credited: (A) any collections of all taxes herein or hereinafter levied for the payment of the Street Reconstruction Portion of the Bonds and interest thereon; (B) available City funds in the amount of $0 to provide sufficient funds to pay interest due on the Street Reconstruction Portion of the Bonds on or before August 1, 2022; (C) a pro rata share of all funds remaining in the Capital Account after completion of the Street Reconstruction Projects and payment of the costs thereof, (D) all investment earnings on funds held in the Street Reconstruction Projects Debt Service Subaccount; and (E) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Street Reconstruction Projects Debt Service Subaccount. The Street Reconstruction Projects Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Street Reconstruction Portion of the Bonds. (ii) Equipment Debt Service Subaccount. To the Equipment Debt Service Subaccount there shall be credited: (A) all collections of taxes herein or hereinafter levied for the payment of the Equipment Portion of the Bonds and interest thereon; (B) available City funds in the amount of $0 to provide sufficient funds to pay interest due on the Equipment Portion of the Bonds on or before August 1, 2022; (C) a pro rata share of all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (D) all investment earnings on funds held in the Equipment Debt Service Subaccount; and (E) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Equipment Debt Service © Subaccount. The Equipment Debt Service Subaccount shall be used solely to pay the 14 717394020 © principal and interest and any premium for redemption of the Equipment Portion of the Bonds. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the 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 bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Covenants Relating to the Street Reconstruction Portion of the Bonds. (a) Tax Lew. To provide moneys for payment of the principal and interest on the © Street Reconstruction Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: E Lew Years Collection Years Amount See attached schedule in Exhibit B (b) Coverage Test. The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Street Reconstruction Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Street Reconstruction Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Covenants Relatine to the Eauinmem Portion of the Bonds: Tax Lew. To provide moneys for payment of the principal and interest on the Equipment Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: 15 71739402v1 © Levy Years Collection Years Amount See attached schedule in Exhibit B The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Equipment Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Equipment Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Equipment Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. © (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and City Administrator of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 19. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond 16 717394020 © should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 20. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) 17 71739402v1 © the issuance of the Bonds, and not later than 18 months after the later of (i) the date of the payment of the Reimbursement Expenditure, or (ii) the date on which the Project to which the Reimbursement Expenditure relates is first placed in service, but in no event more than three years after the date of payment of the Reimbursement Expenditure. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 21. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 22. Certificate of Registration. A certified copy of this resolution is hereby directed to be filed with the County Auditor of Anoka County, together with such other information as ® the Director shall require, and there shall be obtained from the Director a certificate that the Bonds have been entered in the Bond Register and that the tax levy required by law has been made. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax -Exempt Status of the Bonds; Rebate. (a) Allocation to the Street Reconstruction Portion of the Bonds. 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 Street Reconstruction Portion of the Bonds, including without limitation (i) requirements relating to temporary periods for 18 71739402v1 investments, (ii) limitations on amounts invested at a yield greater than the yield on the Street 0 Reconstruction Portion of the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 24-month exemption for gross proceeds of the Street Reconstruction Portion of the Bonds as provided in Section 1.148-7(e) of the Regulations. The Mayor and/or City Administrator and/or Finance Manager are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Street Reconstruction Portion of the Bonds as they deem necessary, appropriate or desirable in connection with the Street Reconstruction Portion of the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. (b) Allocation to the Equipment Portion of the Bonds. 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 Equipment Portion of the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Equipment Portion of the Bonds, and (c) the rebate of excess investment earnings to the United States. The City expects to satisfy the 18-month expenditure exemption for gross proceeds of the Equipment Portion of the Bonds as provided in Section 1.148-7(d) of the Regulations. The Mayor and/or City Administrator and/or Finance Manager are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 26. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds 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 Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (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 2021 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2021 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. 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. 19 71739402v1 C n 27. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 28. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Wells Fargo Bank, San Francisco, California, on the closing date for further distribution as directed by Ehlers. 29. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution 30. 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 Barthel and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Bukkila, Barthel, Butler, Holthus and Nelson and the following voted against the same: None Whereupon the resolution was declared duly passed and adopted. 20 71739402v1 E STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Administrator of the City of Andover, Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $7,765,000 General Obligation Street Reconstruction and Equipment Bonds, Series 2021 A. WITNESS my hand on December 7, 21 71739402v1 E E EXHIBIT A PROPOSALS [To be supplied by Ehlers and Associates, Inc.] A -I 71739402v1 u 101 ►w EXHIBIT B SCHEDULES [To be supplied by Ehlers and Associates, Inc.] I*am 71739402v1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 093-21 MOTION by Council member Butler to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 21-25, TOWER #2 RECONDITIONING & PAINTING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 070-21 dated October 5. 2021, bids were received, opened and tabulated according to law with results of the one bid received as follows: Viking Industrial Painting LC United Painting Classic Protective Coatings, Osseo Construction Co. LLC TMI Coatings, Inc. $1,127,750.00 $1,362,000.00 Inc. $1,367,950.00 $1,484,100.00 $1,697,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Viking Industrial Painting as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Viking Industrial Painting in the amount of 11,127,750.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Barthel and adopted by the City Council at a regular meeting this 7th day of December , 2021 , with Council members Butler, Barthel, Holthus, Nelson, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Sheri Buk ' - or Mic elle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 092-21 MOTION by Councilmember Butler to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 21-18, ADVANCED METERING INFRASTRUCTURE (AMI) . WHEREAS, the City of Andover has a contract for Project No. 21-18, Advanced Metering Infrastructure (AMI) with Core & Main LP of Eden Prairie, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order #1 to Project No. 21-18. Adopted by the City Council of the City of Andover this 7th day of December. 2021. CITY OF ANDOVER ATTEST: Sheri Bukl 'a Mayor �(� �-- C, Micl elle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091-21 MOTION by Councilmember Butler to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 22-19, PINE HILLS NORTH & PINE HILLS SOUTH PARKING LOT PAVING. 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 Pine Hills North & Pine Hills South Parking Lot Paving , Project 22-18; and BE IT FURTHER RESOLVED by the City Council to hereby direct WSB 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 7th day of December 2021 , with Councilmembers Butler, Barthel, Holthus, Nelson, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: heri Byte <ila - 4-K' Michlelle Hartner— Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 090-21 MOTION by Council member Butler to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT 22-17, 2022 MILL & OVERLAY - BLUEBIRD STREET NW. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 22-17; 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 Council member Barthel and adopted by the City Council at a regular meeting this 7th day of December 2021 , with Council members Butler, Barthel, Holthus, Nelson, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER I ATTEST: LbwluaLU4h, is elle Hartner— Deputy'City CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 089-21 MOTION by Council member Butler to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT 22-16, 2022 MILL & OVERLAY —ANDOVER BOULEVARD NW. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 22-16; and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works/City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Barthel and adopted by the City Council at a regular meeting this 7th day of December 2021 , with Council members Butler, Barthel, Holthus, Nelson. Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: is elle Hartner— eputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 088-21 MOTION by Council member Butler to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT 22-15 2022 MILL & OVERLAY — CHESTERTON COMMONS AREA & FOX HOLLOW AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 22-15; and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works/City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Barthel and adopted by the City Council at a regular meeting this 7th day of December 2021 , with Council members Butler, Barthev. Holthus, Nelson. Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mic elle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R087-21 A RESOLUTION DECLARING THE CONDITION OF THE PROPERTY AT 2863 SOUTH COON CREEK DRIVE NW, ANDOVER, MN 55304 AND PROPERTY ID NUMBER 28-32-24-24-0003 A PUBLIC NUISANCE AND ORDERING ABATEMENT OF THE VIOLATING CONDITIONS WHEREAS, the property located at 2863 South Coon Creek Drive NW, Andover, Minnesota is in the jurisdictional boundary of the City of Andover; and, WHEREAS, the property is legally described as: Lot 2, Block 1, Fields Addition, Anoka County, Minnesota (the "Property"); and, WHEREAS, in response to complaints and concerns from the City of Andover Building and Fire Departments, City of Andover staff conducted an initial inspection of the property on July 16, 2021 and documented violations of Andover City Code Sections 12-4-6-A, 12-6-6-A-3, 12-9-11, 12-13-3-A, 4-1-2-E, 4-1-2-I, 4-1-2-J, 4-2-4-A, 9-8A-5 and 9-8A-10-F believed to constitute a public nuisance, resulting in a compliance order being sent to the Property owners, advising of the nuisance violations and requesting the property owner remedy the violations; and, © WHEREAS, subsequent compliance orders were sent to the property owners after repeated failed inspections on July 27, 2021, August 10, 2021, August 30, 2021, and November 4, 2021 again requesting compliance by the Property owners. By early November 2021, City staff had determined that insufficient progress had been made to warrant ongoing and additional extensions; and, WHEREAS, the registered Property owners legally responsible for said Property failed to comply with any of the Compliance Orders issued; and, WHEREAS, since the Property owners have still failed to remedy the violations present on their Property, the Property owners were served with an abatement hearing notice on November 4, 2021 detailing the City's next steps, along with notification of a City Council hearing on November 16, 2021 to consider the City's options in remedying the violations on their Property; and, WHEREAS, the property meets the definition of a nuisance 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 © 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, WHERAS, the Subject Property meets the definition of a hazardous property as defined by Minnesota Statute 463.15 Subdivision 3, as follows: M. S. 463.15 DEFINITIONS Subd. 3. Hazardous building or hazardous property. "Hazardous building or hazardous property" means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, © constitutes a fire hazard or a hazard to public safety or health. WHEREAS, Minnesota Statute 463.16 grants the governing body of any municipality the authority to order the owner of a hazardous property to correct or remove the hazardous condition of the property, which reads as follows: M. S. 463.16 REPAIR OR REMOVE HAZARDOUS PROPERTY CONDITION. The governing body of any municipality may order the owner of any hazardous building or property within the municipality to correct or remove the hazardous condition of the building or property or to raze or remove the building. WHEREAS, Minnesota Statute 463.161 grants the governing body of any municipality the authority to abate any hazardous condition of any hazardous property, which reads as follows: M. S. 463.161 ABATEMENT. In the manner prescribed in section 463.21 the governing body of any municipality may correct or remove the hazardous condition of any hazardous building or property; the cost of which shall be charged against the real estate as provided in section 463.21 except the governing body may provide that the cost so assessed may be paid in not to exceed five equal annual installments with interest therein, at eight percent per annum. © NOW, THEREFORE, BE IT RESOLVED, that based upon the findings above, the City Council of the City of Andover hereby declares the property located at 2863 South Coon Creek Drive NW, Andover, Minnesota 55304, with the Property ID number of 28-32-24-24-0003 and legally described as Lot 2, Block 1, Fields Addition, Anoka County, Minnesota, a hazardous property and 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 and hazardous conditions on the Property be abated by correction of the condition of the Property to comply with the 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 regardless of the time frames for compliance, the registered property owner has twenty (20) days from the date of service of the order of abatement to contest the order of abatement in accordance with Minnesota Statute 463.18, as follows: M. S. 463.18 ANSWER Within 20 days from the date of service, any person upon whom the order is served may serve an answer in the manner provided for the service of an answer in a civil action, specifically denying such facts in the order as are in dispute. BE IT FURTHER RESOLVED, by the City Council of the City of Andover that if an answer is ® served within the twenty (20) day period, the contested case will proceed in accordance with Minnesota Statute 463.20, as follows: C M. S. 463.20 CONTESTED CASES If an answer is filed and served as provided in section 463.18, farther proceedings in the action shall be governed by the Rules of Civil Procedure for the District Courts, except that the action has priority over all pending civil actions and shall be tried forthwith. If the order is sustained following the trial, the court shall enter judgment and shall fix a time after which the building must be destroyed or repaired or the hazardous condition removed or corrected, as the case may be, in compliance with the order as originally filed or modified by the court. If the order is not sustained, it shall be annulled and set aside. The court administrator of the court shall cause a copy of the judgment to be mailed forthwith to the persons upon whom the original order was served. 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 or his/her designee to undertake all actions necessary to enforce and execute the abatement order and bring the property into compliance with City Code. Any and all costs incurred by the City to enforce and execute the abatement order will be assessed to the property by special assessment. 3 H E C Adopted by the City Council of the City of Andover this 16`h day of November 2021. 1:M MI -I U/4� MiclIelle Harmer, Deputy City Clerk 0 CITY OF ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R086-21 A RESOLUTION APPROVING THE CLASSIFICATION AND SALE OF FORFEITED PROPERTY PID# 17-32-24-32-0022 IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA LEGALLY DESCRIBED AS: (See Exhibit A) WHEREAS, Minnesota Statute 282.01 requires the governing body of a municipality to approve the classification and sale of forfeit parcels that lie within their jurisdiction; and WHEREAS, the City Council has no interest in acquiring the subject property for any purposes as provided by Minnesota Statute 282.01. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the classification and sale of the subject land forfeiture property. Adopted by the City Council of the City of Andover on this 16th day of November 2021. \J ATTEST �"1� y>� Mic elle Hartner, Deputy City Clerk N CITY OF ANDOVER EXHIBIT A 17-32-24-32-0022 THAT PRT OF NW '/4 OF SW '/4 OF SEC 17 TWP 32 RGE 24 DESC AS FOL: COM AT PT ON N LINE OF SD '/4 1/4, 234.41 FT E OF NW COR OF SD '/4 '/4, TH S 7 DEG 37 MIN 32 SEC E 129.04 FT, TH SWLY ON CUR TO RT HAV RAD OF 70 FT, 120.34 FT, TH N 89 DEG 07 MIN 32 SEC W ON LINE PRLL/2 SD N LINE 73.95 FT, TH SWLY ON CUR TO LFT HAVE RAD OF 73 FT, 115.78 FT, TH S ON LINE PRLL/W & 33 ELY OF W LINE OF SD 1/4 1/4, 266.13 FT, TH SELY ON CUR TO LFT HAVE RAD OF 70 FT, 121.77 FT, TH N 80 DEG 20 MIN E 104.96 FT, TH ELY ON CUR TO RT HAV RAD OF 232 FT, 60.74 FT, TH N 89 DEG 30 MIN E 267.12 FT, TH SELY ON CUR TO RT HAV RAD OF 73 FT, 114.93 FT TO PT 33 W OF E LINE OF SD 1/4 1/4., TH S 0 DEG 17 MIN 53 SEC E, 278.79 FT, TH SWLY ON COR TO RT HAV RAD OF 73 FT, 117.64 FT, TH N 87 DEG 57 MIN 53 SEC W, 231.41 FT, TH WLY ON CUR TO LFT HAV RAD OF 255 FT, 89.75 FT, TH S 71 DEG 52 MIN 07 SEC W 83.59 FT, TH WLY ON CUR TO RT HAV RAD 409 FT, 127.30 FT, TH S 89 DEG 42 © MIN 07 SEC W 107 FT TO POB, TH CONT S 89 DEG 42 MIN 07 SEC 119.99 FT +OR- TO W LINE OF SD'/4'/4, 120 FT, TH S PRLL/W SD W LINE TO 274.45 FT TO POB, EX RD SUBJ TO EASE OF REC s CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 085-21 MOTION by Council member Barthel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION, WAIVING PUBLIC HEARING, ORDERING ASSESSMENT ROLL AND ADOPTING ASSESSMENT FOR WATER MAIN PROJECT NO. 21-52 IN THE AREA OF 3502 — 142"d AVENUE NW. WHEREAS, the City Council has received a petition, dated November 8. 2021 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The City Council of the City of Andover hereby accepts petition, waives public hearing, orders assessment roll and adopts assessment. 2. 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. 3. 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, 2023 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, 2022. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owners, of any property so assessed may, pay the whole of the assessment on such property on December 16, 2021 If not paid at that time, the assessment shall accrue interest. MOTION seconded by Council member Butler and adopted by the City Council at a regular meeting this 16th day of November, 2021, with Council members Barthel. Butler, Holthus (absent), Nelson, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CFF -.O ER ATTEST- 4ic' `- �� - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084-21 MOTION by Council member Barthel to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT FOR PROJECT NO. 22-2, 2022 STREET RECONSTRUCTION. WHEREAS, pursuant to Resolution No. 072-21, adopted the 19th day of October, 2021 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 16th day of November , 2021; and WHEREAS such reports declared the proposed assessments to be feasible for an estimated total project cost of $2,616,250.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Reports for Project No. 20-2 for the improvements. 2. The Council will consider the improvements in accordance with the reports and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $2,616,250.00. 3. A public hearing shall be held on such proposed improvement on the 7th day of December 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 Council member Butler and adopted by the City Council at a regular meeting this 16th day of November, 2021 , with Council members Barthel Butler, Holthus (absent), Nelson, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER LJ CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RESOLUTION NO. R083-21 RESOLUTION GIVING PRELIMINARY APPROVAL FOR THE ISSUANCE OF THE CITY'S GENERAL OBLIGATION STREET RECONSTRUCTION PLAN BONDS IN AN AMOUNT NOT TO EXCEED $7,500,000 AND ADOPTING THE CITY OF ANDOVER, MINNESOTA STREET RECONSTRUCTION PLAN THEREFOR A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City") proposes to issue its general obligation street reconstruction plan bonds in one or more series from time to time (the "Bonds") and adopt the City of Andover, Minnesota Street Reconstruction Plan of 2022 through 2026 for the reconstruction of certain streets in the City (the "Plan"); and B. WHEREAS, the City has caused notice of the public hearing on the intention to issue the Bonds and on the proposed adoption of the Plan to be published pursuant to and in accordance with Minnesota Statutes, Section 475.58, Subdivision 3b; and C. WHEREAS, a public hearing on the intention to issue the Bonds and on the proposed Plan has been held on this date, following published notice of the hearing as required by law; and NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, that the City hereby gives preliminary approval for the issuance of up to $7,500,000 aggregate principal amount of the Bonds. The Plan is hereby adopted, the same being before the City Council and made a part of these proceedings by reference. The City declares its official intent to reimburse itself for the costs of the Plan from the proceeds of the Bonds. Member Holthus moved for the adoption of the foregoing resolution. The motion for the adoption of the foregoing resolution was duly seconded by Member Butler and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Bukkila, Barthel, Butler, Holthus and Nelson and the following voted against the same: None whereupon said resolution was declared duly p 'e adopted. Dated this 3rd day of November, 2021. City [Bonds must be approved by at least two-thirds of t�'iejmembers.] [Issuance of Bonds is subject to a 30-day reverse referendum after the public hearing.] © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R082-21 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 Qeach 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, 2022 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 5, 2021. Adopted by the City Council of the City of Andover on this 3`d day of November, 2021. ATTEST aipe- Mi helle Hamner "—Deputy City Clerk u CITY OF ANDOVER COUNTY OF ANOKA ©_ STATE OF MINNESOTA RES. NO. 081-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 21-17, 2021 MILL & OVERLAY/SE CORNER OF CITY, 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 5 years, the first of the installments to be payable on or before the first Monday in January, 2022 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 31d day of November, 2021, with Councilmembers Barthel, Butler, Holthus, Nelson. Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Sheri Gila - r Mic elle Hartner— Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R080-21 A RESOLUTION ESTABLISHING ELECTION POLLING PLACES WHEREAS, State Statute 204B.16 requires all municipalities to designate polling places for each precinct by December 31' 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 2022: 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 1657-161st 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 u H Adopted by the City Council of the City of Andover this P day of November 2021. Attest: _ i helle Hartner-Deputy City Clerk H H CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 079-21 MOTION by Council member Holthus to adopt the following: A RESOLUTION AUTHORIZING JOINDER OF THE WELLHEAD PROTECTION IMPLEMENTATION JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY AND VARIOUS CITIES. WHEREAS, Anoka County has entered into a Wellhead Protection Implementation Joint Powers Agreement dated 2010, the First Addendum dated June, 2014, and the 2021 Anoka County Municipal Wellhead Protection Implementation Joint Powers Agreement Amended and Restated, collectively the "Joint Powers Agreement" with the cities of Andover, Anoka, Blaine, Centerville, Circle Pines, Columbus, Coon Rapids, East Bethel, Fridley, Lexington, Lino Lakes, Ramsey, Spring Lake Park, and St. Francis (hereinafter referred to as "Cities") pursuant to Minn. Stat. § 471.59; WHEREAS, the purpose of the Joint Powers Agreement is to jointly implement the Wellhead Protection Plans created by the various cities pursuant to a 1997 Wellhead Protection Joint Powers Agreement; WHEREAS, Anoka County and the member cities have invited other cities located within Anoka County to become a party to the Joint Powers Agreement; and, WHEREAS, the Joint Powers Agreement provides that additional cities located in Anoka County may become a party to the Joint Powers Agreement upon receipt of a Resolution by the Governing Board of that City that authorizes the City to become a party to the agreement; WHEREAS, the City of Andover would like to benefit from the collaborative efforts of the County and member Cities and as such would like to be part of the Joint Powers Agreement NOW, THEREFORE, BE IT RESOLVED that the City of Andover shall become a member of the Wellhead Protection Implementation Joint Powers Agreement as amended and restated and shall be bound by all of the terms and conditions of that Joint Powers Agreement. MOTION seconded by Council member Barthel and adopted by the City Council at a regular meeting this 31 day of November 2021 , with Council members Holthus. Barthel Nelson, Butler Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: 'tic elle Hartner— Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R078-21 MOTION by Councilmember Holthus to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time of the issuance of the bonds; and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to certain © projects hereinafter identified; NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration of official intent" pursuant to Section 1.103-18 of the Regulations. 1. Official Intent Declaration (a) The City proposes to undertake the following projects described on Exhibit A attached hereto. (b) Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting preliminary expenditures as defined in Section 1.103(1)(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. (c) The City reasonably expects to reimburse the City expenditures made for costs of designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150-1(h) of the Regulations. (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18 of the Regulations. ® 2. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long- term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a long- term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist © or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filing. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the City Clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. MOTION seconded by Councilmember Barthel and adopted by the City Council of the City of Andover on this 31d day of November, 2021 with Councilmembers Bukkila, Barthel, Butler, Holthus and Nelson voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. �J ATTEST: Michelle Hartner — Deputy City Clerk u CITY OF D• H H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R077-21 A RESOLUTION APPROVING THE FINAL PLAT OF "MEADOWS AT NIGHTINGALE" FOR PROPERTY PID# 22-32-24-31 AND LEGALLY DESCRIBED AS: Lot 1, Block 6, Woodland Estates Second Addition WHEREAS, the City Council has approved the preliminary plat for the project to be known as "MEADOWS AT NIGHTINGALE and WHEREAS, the Developer has presented a final plat of "MEADOWS AT NIGHTINGALE" 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 "Oakview Acres" contingent upon the following: 1) The plat shall conform to the final plat stamped by the City of Andover on August 20, 2021, except as per the corrections noted below. 2) Conditions approved as part of the preliminary plat shall be satisfactorily met prior to filing of the final plat. 3) A development agreement acceptable to the City Attorney shall be executed and recorded with Anoka County with the final plat. 4) Separate Vehicle Maintenance Access shall be provided over, under, and across the appropriate locations 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. 6) Title Commitment and final plat must be approved by the City Attorney. 7) Vacation of easements for Lot 1, Block 6, Woodland Estates Second Addition shall be recorded prior to the recording of the "Meadows at Nightingale" Final Plat. Adopted by the City Council of the City of Andover this 191 day of October 2021. ATTEST: Mic ielle Hamner, City Clerk Mal ,sii�' © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R076-21 A RESOLUTION VACATING ALL DRAINAGE & UTILITY EASEMENTS OVER, UNDER AND ACROSS PIN# 22-32-24-31-0019, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: All Drainage and Utility Easements as dedicated on Lot 1, Block 6, WOODLAND ESTATES SECOND ADDITION, according to the recoded plat thereof, Anoka County, Minnesota. WHEREAS, the applicant with property owner consent has requested to vacate the described drainage and utility easements; and WHEREAS, a public hearing was held pursuant to the requirements of Minnesota State Statute and City Code 8-6-1; 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 temporary easement for cul-de-sac purposes subject to the following © conditions: The vacation of easement shall be contingent upon the approval and recording of the final plat of the Meadows at Nightingale residential development. The vacation of easement shall be recorded with Anoka County as shown on "Exhibit All. Adopted by the City Council of the City of Andover on this 19'h day of October 2021. ATTEST, CITY OF �VER kielle Hartner, Deputy City Clerk Sheri B ila, Ma ,o C EXHIBIT Easement Vacation Exhibit x WOODLAND ESTATES SECOND ADD/T/ON Pert of SeoBon 22, Township 32, Range 24 City of Andover, Anoka County, Mtnneaota -o Onotas eawment wmtlon also SCALE: I" = 100' L MIMIAIE IktIII ITY EA MYL To BE VA ATFO AP Dmfnoge A• UI Fafflte as dedknted on Lot d Block 6 WOMILAND ESTATES SECOM ADD177014 amwd/ng to the oo ded Plot thaw!, Anoka Comfy, Mbm,wto. 'NOTTANDa'T g NOT TANGENT —' a ►�c�c�c�c�c�c�c�c�t��c�c�c ��� ♦/ Oici'ccicicicc'�i•' ♦� ►!cci�00000i ♦� �cccccccccccc�+� c�� ''i'' , ►cicicicicicoci � "� Oicicicico'►ici cif - © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R075-21 RESOLUTION CALLING PUBLIC HEARING ON THE INTENSION TO ISSUE GENERAL OBLIGATION STREET RECONSTRUCTION PLAN BONDS AND THE PROPOSAL TO ADOPT A STREET RECONSTRUCTION PLAN THEREFOR A. WHEREAS, pursuant to Minnesota Statutes, Section 475.58, Subdivision 3b the City of Andover, Minnesota (the "City") may issue bonds to finance capital expenditures under its street reconstruction plan over a period of five years (the "Plan") without an election provided that, among other things, prior to issuing the bonds the City adopts the Plan after a public hearing thereon and publishes a notice of its intention to issue the bonds and the date and time of a hearing to obtain public comment on the matter; and B. WHEREAS, the City Council will hold a public hearing on its intention to issue general obligation street reconstruction plan bonds in one or more series from time to time (the "Bonds") and to adopt the Plan therefor pursuant thereto on November 3, 2021; and NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, that the City Council hereby calls for a public hearing on its intent to issue the Bonds and to adopt the Plan therefor, such hearing to be held on the date and time set forth in Exhibit A attached hereto. The City Council is hereby directed to cause the notice to be published at least 10 but not more than 28 days before the hearing in the official newspaper of the City or a newspaper of general circulation in the City. Member Holthus moved for the adoption of the foregoing resolution. The motion for the adoption of the foregoing resolution was duly seconded by member Barthel and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted the same: Bukkila, Barthel and Holthus whereupon said resolution was declared duly passed and adopted. Dated this 191 day of October, 2021. H EXHIBIT A CITY OF ANDOVER, MINNESOTA NOTICE OF PUBLIC HEARING ON INTENTION TO ISSUE GENERAL OBLIGATION STREET RECONSTRUCTION PLAN BONDS AND PROPOSAL TO ADOPT A STREET RECONSTRUCTION PLAN THEREFOR NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota (the "City") will meet on Wednesday, November 3, 2021, at 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard Northwest in Andover, Minnesota [and by electronic means], in part to hold a public hearing concerning (1) the proposal to adopt a Street Reconstruction Plan pursuant to Minnesota Statutes, Section 475.58, Subdivision 3b; and (2) the proposed issuance of general obligation bonds (the `Bonds"). The Bonds will be in an amount not to exceed $7,500,000 and will be used for the reconstruction of certain streets in the City. If a petition requesting a vote on the issuance of the Bonds, signed by voters equal to five percent of the votes cast in the City in the last municipal general election, is filed with the City Administrator within 30 days after the public hearing (i.e., by December 3, 2021), the City may issue the Bonds only after obtaining approval of a majority of voters voting on the question at an © election. A copy of the plan is available for inspection in the City Administrator's Office, City Hall, 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304-2612. Questions or comments may be directed to the City Administrator's Office at 763-755-5100. All interested persons may appear and be heard at the public hearing either orally or in writing [or via electronic means as posted on the agenda on the City's website] or may file written comments with the City Administrator before the hearing. Dated: October 19, 2021 BY ORDER OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA /s/Jim Dickinson City Administrator City of Andover, Minnesota [Submit October 20; Publish October 22] CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Resolution No. R074-21 Councilmember Holthus introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $7,960,000 General Obligation Street Reconstruction and Equipment Bonds, Series 2021A 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 $7,960,000 General Obligation Street Reconstruction and Equipment Bonds, Series 2021A (the "Bonds"), to finance the reconstruction of various streets in the City and 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 Bonds in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: j 1. Authorization: Findings. The City Council hereby authorizes Ehlers to assist the City for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on December 7, 2021, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by City Council Member Barthel and, after full discussion thereof and upon a vote being taken thereon, the following City Council Members voted in favor thereof: Bukkila, Barthel and Holthus and the following voted against the same: Butler (absent) and Nelson (absent) whereupon said resolution was declared duly passed and adopted. Dated this 19' day of October, 2021. r�� CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R073-21 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2022 - 2026 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 2022 - 2026 City of Andover Capital Improvement Plan. Adopted by the City of Andover this 1911 day of October 2021. ATTEST: ' %ic]le Hamner—DeputyCity Clerk r17 \:J 4W STATE OF MINNESOTA) 0 COUNTY OF ANOKA) CITY OF ANDOVER) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. R073-21 adopting the City of Andover 2022 - 2026 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 19' day of October 2021. Mi �Har — Deputy City Clerk H u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072-21 MOTION by Councilmember Holthus to adopt the following A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT 22-02, 2022 STREET RECONSTRUCTION. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 22-02 ; and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover 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 Barthel and adopted by the City Council at a regular meeting this 19th day of October , 2021 , with Councilmembers Holthus, Barthel. Nelson (absent) Butler (absent) Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: is elle Hartner—Deputy City Clerk CITY OF ANDOVER •�v. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R071-21 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 $267,249.48 exist as of September 23, 2021; 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 $288,629.44 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 2022, 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; A hearing shall be held the 3rd day of November, 2021 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. MOTION seconded by Councilmember Butler and adopted by the City Council at a regular © meeting this 5a' day of October, 2021, with Councilmembers Bukkila, Barthel, Butler, Holthus and Nelson voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF A VE ATTEST: Sheri B a - Ma Mic elle Harmer — Deputy City Clerk C01 [A] CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 070-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 21-25 FOR TOWER #2 RECONDITIONING & PAINTING. WHEREAS, pursuant to Resolution No. 013-21, adopted by the City Council on the 2nd day of February, 2021, the City Engineer has prepared final plans and specifications for Project No. 21-25 WHEREAS such final plans and specifications were presented to the City Council for their review on the 5th day of October, 2021. 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 electronically and virtually at 2:00 p.m. November 18 2021. MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 5th day of October , 2021 with Councilmembers Barthel, Nelson, Holthus, Butler Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: © i helle Hamner— Deputy City Clerk CITY OF D• i CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 069-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT FOR PROJECT NO. 21-17, 2021 MILL & OVERLAY/SE CORNER OF CITY. WHEREAS, by a resolution passed by the City Council on September 21, 2021, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 21-17. WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 3rd day of November , 2021 , 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 Nelson and adopted by the City Council at a regular meeting this 5th day of October 2021 , with Councilmembers Barthel, Nelson, Holthus, Butler. Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 068-21 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. 21-17, 2021 MILL & OVERLAY/SE CORNER OF CITY. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction costs for the improvement of Project 21-17 amount to $ 1,401,138.95 , the expenses incurred or to be incurred in the making of such improvement amount to $ 179,489.89 so that the total project costs of the improvement are $1,580,628.84 . 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 $ 1,249,089.59 , and the amount to be assessed against benefited property owners is declared to be $331,539.25 . 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 2022 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 215t day of September , 2021, with Councilmembers Butler, Barthe, Holthus, Nelson. Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF AN OVER ATTEST: ® heri B kila -Mayo I is elle Hartner — Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R067-21 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2022. 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 2022; 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 2022 as listed on Attachment A. Adopted by the City of Andover this 71 day of September 2021. ATTEST; M�helleHa r — Deputy City Clerk H STATE OF MINNESOTA) OPOUNTY 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. R067-21 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2022 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 71h day of September 2021. Mi helle Hamner — Deputy City Clerk CITY OF ANDOVER 2022 Proposed Levy Certification Debt Changes © County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explanation 70 2012C GO Taxable Abatement Bonds $ 1,280,455 $ 974,628 $ 305,827 Meet bona fide debt service requirements 74 2018A GO Capital Improvement Plan Bonds 662,819 617,519 45,300 Meet bona fide debt service requirements 75 2019A GO Taxable Abatement Bonds 1,177,207 1,014,065 163,142 Meet bona fide debt service requirements 76 2020 GO Equipment Certificate 374,850 374,850 - 2021 GO Equipment Certificate - 170,000 (170,000) new issuance 2022 GO Street Recon 600,000 (600,000) new issuance Total $ 3,495,331 $ 3,751,062 $ (255,731) Ho CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. R066-21 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2022 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, 2021. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2022 property tax levy totaling $16,107,254 as listed on Attachment A. Adopted by the City of Andover this 71h day of September 2021. ©ATTEST: 4Miellekrtner — Deputy City Clerk Lie] 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. R066-21 adopting the 2022 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 7"' day of September 2021. ® Miclfelle Harmer — Deputy City Clerk C-1 C E H CITY OF ANDOVER, MINNESOTA Attachment 2022 Property Tax Levy Proposed 2022 Levy General Fund Levy General Operations $ 9,868,370 Community Center Operations 155,000 Park Repair/Replacement Items 130,000 Total General Fund 10,153,370 Debt Service Funds Levy 2012C Taxable G.O. Abatement Bonds 974,628 2018A G.O. Capital Improvement Plan Bonds 617,519 2019A Taxable G.O. Abatement Bonds 1,014,065 2020A G.O. Equipment Certificate 374,850 2021A G.O. Equipment Certificate 170,000 2022 G.O. Street Recon 600,000 Total Debt Service 3,751,062 Other Levies Capital Projects Levy Capital Equipment/Project 275,000 Facility Maintenance Reserve 355,000 Parks Projects 15,000 Road & Bridge 1,409,579 Pedestrian Trail Maintenance 108,243 Lower Rum River Watershed 40,000 Total Other 2,202,822 Gross City Levy $ 16,107,254 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R065-21 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "Fields of Winslow Cove" FOR PROPERTY LEGALLY DESCRIBED AS; (See attached Exhibit A) WHEREAS, U.S. Home Corporation, dba Lennar, has requested approval of a preliminary plat for Fields of Winslow Cove; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning Commission recommends approval of the preliminary plat to the City Council; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Preliminary Plat of Fields of Winslow Cove with the following conditions: © 1. City of Andover staff comments dated August 11, 2021. 2. The applicant shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat, to also include roundabout beacons for the north -south segment of Prairie Road as approved by the City Engineer. 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. 4. Prior to final plat recording at Anoka County, a development agreement acceptable to the City Attorney must be executed by the Developer. 5. Temporary cul-de-sac easements 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. 6. 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. 7. Trail easements and Drainage and Utility easements shall be provided. Separate documents shall be required for each easement on each lot, to be recorded with the final plat. 8. Such plat approval is contingent upon the rezoning of the properties in the plat. 9. Such plat approval is contingent upon the requested Conditional Use Permit (CUP)/Planned Unit Development (PUD) approval for the properties in the plat. 10. Applicant shall construct access improvements as reviewed and approved by the City Engineering Department. It. Applicant shall obtain all necessary permits from appropriate jurisdictions and agencies in order to develop the property. 12. Applicant shall provide Homeowners Association documents at time of final plat addressing items identified during CUP/PUD approval process. M Adopted by the City Council of the City of Andover this 7' day of September 2021. ATTEST: Mi helle Harmer, City \J L�J CITY OF © EXHIBIT A Legal Description of Property Real property in Anoka County, Minnesota, described as follows: Parcel 1 (Torrens) Certificate Number 116361: The Southwest Quarter, Section 24, Township 32, Range 24, Anoka County, Minnesota. AND That part of the Southwest Quarter of the Southeast Quarter, Section 24, Township 32, Range 24, lying northerly and westerly of the plat of Smith's Rolling Oaks. AND Parcel 2 (Abstract): The Northeast Quarter of the Southeast Quarter, Section 23, Township 32, Range 24, Anoka County, Minnesota. AND That part of the Northwest Quarter of the Southeast Quarter, Section 23, Township 32, Range 24, Anoka County, Minnesota, lying easterly of the easterly right-of-way line of Burlington Northern, Inc. railroad right-of-way. AND The Southeast Quarter of the Southeast Quarter, Section 23, Township 32, Range 24, Anoka County, Minnesota. BED Parcel 3 (Abstract): That part of the Southwest Quarter of the Southeast Quarter, Section 23, Township 32, Range 24, Anoka County, Minnesota, lying easterly of the easterly right-of-way line of Burlington Northern, Inc. railroad right-of-way. C © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R064-21 A RESOLUTION APPROVING THE CONDITION USE PERMIT / PLANNED UNIT DEVELOPMENT REQUESTED BY C & W FAMILY FARM LTD. PARNERSHIP (OWNER) / U.S. HOME CORPORATION DBA LENNAR (APPLICANT), AS SHOWN AS FIELDS OF WINSLOW COVE PRELIMINARY PLAT, LEGALLY DESCRIBED AS: (See attached Exhibit A) WHEREAS, Lennar has requested a Conditional Use Permit for a Planned Unit Development (PUD) for Fields of Winslow Cove, 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 has determined that said request does meet the criteria of City Code and 13-3-9; as the proposed PUD is not in conflict with the © goals of the Comprehensive Plan for the City; and; WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Permit / Planned Unit Development request, and; WHEREAS, the City Council of Andover has reviewed the request and has determined that said request does meet the criteria of City Code and 13-3-9 because: 1. The proposed development is not in conflict with the goals of the Comprehensive Plan for the City. The Andover Comprehensive Plan guides the subject property Transitional Residential and allows a mixture of Urban Residential Low Density (2.4 to 4 units/acre) and Urban Residential Medium Density (4 to 8 units/acre). The Fields of Winslow Cove community has a proposed overall net density of 2.98 units per acre. 2018 Comprehensive Plan Goals that may be relevant which are found in Chapter 1: Foundation of the Comprehensive Plan (see attachment for additional goals). Goal. Allow residential growth while maintaining the quality of natural resources and amenities. Obiective: Clearly define areas for urban and rural residential development The Andover Comprehensive Plan guides the subject property Transitional Residential and allows a mixture of Urban Residential Low Density (2.4 to 4 units/acre) and Urban Residential Medium © Density (4 to 8 units/acre). The Fields of Winslow Cove community has a proposed overall net density of 2.98 units per acre. Objective: Prevent extension of infrastructure that is inconsistent with the Comprehensive Plan. • Prairie Road bisects the subject property; • The existing Palm Street stubs to the subject property's south property line and 150°i Street right-of-way is platted to the east property line; • Public water and sanitary sewer services were extended to the west edge of the property in 2019. Objective: Work cooperatively with resource protection agencies and organizations to minimize the impact of development on natural resources and amenities An EA process, Phase I Environmental Site Assessment, Wetland Delineation, and Rare Plant Species Survey have been completed on the site for the proposed development. The EAW processed determined no further analysis was required; the Phase I found no recognized environmental conditions on the site; wetland permitting is actively in process with Coon Creek Watershed District, Army Corps of Engineers, and the Minnesota Board of Soil and Water Resources; the rare plant species survey found a limited presence ofRubus onsite which will require a DNR permitfor removal. Goal. Provide a variety of housing types to accommodate the life cycle needs of all residents Lennar plans to offer 2-car and 3-car Villa homes targeted toward the aging population including retirees and empty -nesters. We will also be offering 3-car and 4-car single family homes which generally draw young families, grown families, and those looking for more living and yard space. This community will offer housing options for buyers rangingfrom the mid-20's to retirement age. Goal: Enhance accessibility by providing an interconnected multi -use trail system © Obiectives, • Provide an accessible trail system that links residential neighborhoods commercial developments, and park areas. • Coordinate trail construction with street improvement projects new development expansion, and redevelopment proiects. The community will include an extensive trail system that will link the segmented neighborhoods within Fields of Winslow Cove together. These trails will be stubbed to the exterior property lines to allow for future connections to adjacent neighborhoods and the greater Andover area. The trail system will also create connections to the two proposed neighborhood parks. Goal: Provide parks and facilities that meet present park needs and plan for the future needs of the city. Goal. Promote, protect, preserve, and enhance the City's natural resources and open space for the enjoyment of residents, protection of water and air quality and the preservation of wildlife habitat. Obiectives, • Provide more passive recreation opportunities • Provide for a balance among active and passive recreation areas and activities • _Consider development of passive, nature -related recreation or conservancy areas on sites found to be suitable for these purposes. • Plan for and provide connections with the park and trail systems in a manner that © both preserves and allows public enjovment of natural areas. • Seek to provide buffer areas adjacent to significant natural resources and parks © • Work cooperatively with other organizations and government agencies to acquire and enhance open space areas within the city • Recognize preservation ofnature preserves and open space as a benefit in PUDs More than 118 acres of the site (over 48%) will remain preserved open space, wetlands, and wooded areas. A network of trails will be carefully installed throughout these areas. Lennar is proposing to place these preserved areas in outlots which will be owned by the HOA with easements granted to the City for public trail and stormwater maintenance purposes. It is envisioned the trails, open space, wetlands, and wooded areas will serve as a valuable passive recreation area for the public. In addition to the passive recreation in the community Lennar is also proposing the creation of two small neighborhood parks, one on each side of Prairie Road, which will serve the immediate area and act as a compliment to the larger Prairie Knoll Park located south of the subject property. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. The community will mainly be served by Prairie Road and will include open spaces, preserved trees and wetlands, and landscape buffering throughout. Lennar will be the sole builder of homes so the architecture will be consistent. 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of PUD. Fields of Winslow Cove proposes the following deviations from City Code: Min. lot size: 11,400 square feet; Proposed: 7,465 square feet (55 foot lots); 8,187 square feet (65 foot lots); 10,581 square feet (80 foot lots) Minimum lot width: 80 feet; Proposed: 55 feet 2-car villa lots; 65 feet — 3-car villa lots; 65 feet — 3-car single family lots; 80 feet — 4-car single family lots; Minimum lot depth .• 130 feet; Proposed: 125 feet Minimum Setbacks Front: 35 feet; Side Interior (living): 10 feet; Side Interior (garage): 6 feet; Side Corner 35 feet; Rear: 30 feet; Proposed: 25 feet Proposed: 7.5 feet Proposed.- 7.5 feet Proposed: 25 feet (some corner lots will have 20 foot for wetland preservation) Proposed: sed: 25 feet Allowing a variation in lot size below 11,400 square feet, and lot widths below 80 feet, permits diversity ofproducts and the provision of life cycle housing. The varying housing types, as mentioned above, will offer housing options for buyers ranging from the mid- Q 20's to retirement age. All the proposed deviations listed above provide the flexibility to create larger areas intended for preservation of open space, wetlands, and trees. © 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 Fields of Winslow Cove is an autonomous residential community that has direct access City services and will be developed and marketed to function without dependence on future development outside its boundaries. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby approve the Conditional Use Permit/ Planned Unit Development for Fields of Winslow Cove on the above legally described property with the following conditions: 1. Applicant shall address staff comments in Engineers review letter dated August 11, 2021. 2. Upon approval action by Andover City Council of Preliminary Plat Fields of Winslow Cove, it shall be incorporated into the PUD. 3. The following deviations shall be permitted from the R-4 zoning district with the PUD: a. LOT STANDARDS: CrTY CODE PUD PROPOSAL REQUIREMENTS (R-4: Single 55, villa 65' I ilk Family -Urban) Lots Lots 65' SF Lots 80' SF Lots Lot Width (min.) 80, min. 55' 65' 65' 80, (43lots) (251als) (280lots) (35 lots) Lot Frontage @ ROW (min) 50, min. 50'/40'* 50' 50'/40'* 50'/46'* Lot Depth (min) 130' min 125' 125' 125' 125' Land Coverage (individual lots) (mar) 30% 38%** 43%** 40%** 37%-* Lot Sue 11,400 s.f. min. 7,465 sf 8,187 sf 8,187 sf 10,581 sf (min.) Net Density (Lots allowed 2.4A units per acre on 127.98 acres —net (11 acres @ 4-8 (244.25 acres —gross)) units per acre): 383 proposed 324 — 555 lots allowed -epecl'a» p wroe was tots p tots) womdbe between 40-49 ft wide m the Ciry ROW. IB13,L13-15): S aifild 65 ftwide SF lot, (91o1s) would be be( .40-49 ft wide the Ciry ROW. [B20,L11-13: B22,L2; B26,L54 and L23): a,dSpeded80 fr wide SF lots (11o0 would be UM .' 46-49ft wide at the City ROW. IB4,L11. '•Common throrsghour. F,,,, mdde: B14.L17.55ftvilla,,B10,L8on65frvi11a;B9.L2on65ft SFaudB4,L2.80fl SFlots b. SETBACKS: CITY CODE RE UIREMENTS PUD PROPOSAL Front Yard 35 feet 25 feet from City ROW Side Yard Interior - Garage 6 feet 7.5 feet / 10 feet* Side Yard Interior - Home 10 feet 7.5 feet / 10 feet* Side Yard Comer 35 feet 20-25 feet from City ROW** Rear Yard Setback 30 feet 25 feet Rear Yard Setback to Street 35 feet 35 feet •.10 feetfor 80-fom-wide lots, ZSfeet for lots less rhan 80feet wide. Total ofl5fr total proposed where siandardwoldd have total ofl6ft. •' Spelled lots would U located 10 feerfrom the Ciry ROW( ,e table ofspechc fors on sheer 6161 mi Prelimirmry Plat plan seQ. c. MISC: CrrY CODE REQUIREMENTS .PUD PROPOSAL Front Yard Trees 1 2 1 X \= J D r�1 U 4. The applicant shall construct the proposed villa homes and single-family homes as presented to the City during their August 24, 2021, and September 7, 2021, public meetings; which are on file at the City of Andover. 5. The applicant shall establish a Homeowners Association to handle exterior maintenance, snow removal, and waste removal from properties that are not privately served and maintenance of monument signs, buffer fencing, and property maintenance of the Outlots A, B, C, D, and E (i.e. blowing garbage, etc.). The City would maintain the trails, storm water ponds and infiltration basins on outlots. Adopted by the City Council of the City of Andover on this 7' day of September 2021, ATTEST: �Iylit.(.{.����J✓�jG'EClerk Mich IleeHHartner, DDeputy City CITY OF ANDOVER: © EXHIBIT A Legal Description of Property Real property in Anoka County, Minnesota, described as follows: Parcel 1 (Torrens) Certificate Number 116361: The Southwest Quarter, Section 24, Township 32, Range 24, Anoka County, Minnesota. AND That part of the Southwest Quarter of the Southeast Quarter, Section 24, Township 32, Range 24, lying northerly and westerly of the plat of Smith's Rolling Oaks. AND Parcel 2 (Abstract): The Northeast Quarter of the Southeast Quarter, Section 23, Township 32, Range 24, Anoka County, Minnesota. AND That part of the Northwest Quarter of the Southeast Quarter, Section 23, Township 32, Range 24, Anoka County, Minnesota, lying easterly of the easterly right-of-way line of Burlington Northern, Inc. railroad right-of-way. AND The Southeast Quarter of the Southeast Quarter, Section 23, Township 32, Range 24, Anoka County, Minnesota. OR Parcel 3 (Abstract): That part of the Southwest Quarter of the Southeast Quarter, Section 23, Township 32, Range 24, Anoka County, Minnesota, lying easterly of the easterly right-of-way line of Burlington Northern, Inc. railroad right-of-way. `J © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES NO. R063-21 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "THE MEADOWS AT NIGHTINGALE" FOR THE PROPERTIES LOCATED (PID# 22-32-24-31-0019) LEGALLY DESCRIBED AS; Lot 1, Block 6, Woodland Estates Second Addition WHEREAS, Tamarack Land Development, LLC has requested approval of a preliminary plat; and, WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and, WHEREAS, the applicant has requested a variance to the 500-foot maximum cul-de-sac length provided in City Code 11-3-3 to allow the extension of an existing cul-de-sac beyond the 500-foot maximum; and, WHEREAS, the City Council finds that special circumstances for the proposed variance are the existence of topographical constraints, location of existing roadways and surrounding development preclude a roadway design or connection that would allow the development to conform with the maximum cul-de- sac length provided by City Code 11-3-3. © WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said preliminary plat; and, WHEREAS, as a result of such public hearing, the Planning & Zoning Commission recommends approval of the preliminary plat to the City Council; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Preliminary Plat of THE MEADOWS AT NIGHTINGALE with the following conditions: 1. City of Andover staff comments dated August 17, 2021. 2. The applicant shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 3. Prior to final plat recording with Anoka County, a development agreement acceptable to the City Attorney must be executed by the developer. 4. Separate easement documents shall be required for each Vehicle Maintenance Access Area. 5. Applicant shall obtain all necessary permits from appropriate jurisdictions and agencies that may be required in order to develop the property. 6. A variance to allow a cul-de-sac as shown on the approved plan to extend beyond the 500-foot maximum length requirement of City Code 11-3-3 is granted based on the findings listed in this resolution. 0 Adopted by the City Council of the City of Andover this 7th day of September 2021. © CITY OF ANDOVER ATTEST: - Michelle Hartner, City Clerk H s © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R062-21 A RESOLUTION APPROVING THE FINAL PLAT OF "OAKVIEW ACRES" FOR PROPERTY LEGALLY DESCRIBED AS: The East Half of the West Half of the Southeast Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. WE The East Half of the West Half of the Northeast Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the City Council has approved the preliminary plat for the project to be known as "Oakview Acres"; and WHEREAS, the Developer has presented a final plat of "Oakview Acres" 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"Oakview Acres" contingent upon the following: 1) The plat shall conform to the final plat stamped received by the City of Andover on August 20, 2021, except as per the corrections noted below. 2) Conditions approved as part of the preliminary plat shall be satisfactorily met prior to filing of the final plat. 3) Comments from City Staff dated August 23, 2021 shall be satisfactorily addressed prior to the release of the final plat. 4) A development agreement acceptable to the City Attorney shall be executed and recorded with Anoka County with the final plat. 5) Separate Vehicle Maintenance Access and Temporary Cul-De-Sac Easements shall be provided over, under, and across the appropriate locations which must be approved by the City Attorney and recorded at the County with the final plat. 6) Park dedication and trail fees shall be paid. 7) Title Commitment and final plat must be approved by the City Attorney. Adopted by the City Council of the City of Andover this 7' day �of September 2021. ATTEST: CITY Michelle Harmer, City Clerk %Sheri �J © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R061-21 A RESOLUTION VACATING A TEMPORARY EASEMENT FOR CUL-DE-SAC PURPOSES OVER, UNDER AND ACROSS 15779 AVOCET ST NW, PIN 14-32-24-34-0048, AND 15768 AVOCET ST NW, PIN 14-32-24-34-0061, LEGALLY DESCRIBED AS FOLLOWS: A temporary easement for Cul-de-sac purposes over, under and across that part of Lot 1, Block 3 and Lot 13, Block 4, Oakview Park, according to the plat thereof, Anoka County, Minnesota, which lies within the circumfrence of a circle having a radius of 45.00 feet, the center of said circle is the point of intersection of the centerline of Avocet St NW as dedicated in said plat with a line drawn 40.00 feet West of the East line of said plat. WHEREAS, the extension of Avocet St NW and ultimate removal of the existing temporary cul- de-sacs no longer necessitates the need for the temporary easement for cul-de-sac purposes; and WHEREAS, a public hearing was held pursuant to the requirements of Minnesota State Statute and City Code 8-6-1; 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 temporary easement for cul-de-sac purposes subject to the following conditions: 1. The vacation of temporary easement for cul-de-sac purposes is contingent upon the recording of the final plat of the Oakview Acres residential development, removal of the existing temporary cul-de-sac and restoration of the subject properties to the satisfaction of the City Engineer. 2. All other temporary easements for cul-de-sac purposes as part of the Oakview Park Addition shall remain as currently dedicated. Adopted by the City Council of the City of Andover on this 7' day of September 2021. ATTEST . CITY OF A OER UA,PI J��,_ Michelle Harmer, Deputy City Clerk Sheri B ila, t or r�1 LJ © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R060-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE ACCEPTANCE OF FEMA'S 2020 ASSISTANCE TO FIREFIGHTERS GRANT (AFG) RELATED TO TRAINING THE FIRE DEPARTMENT IN THE DISCIPLINE OF BLUE CARD FIREGROUND OPERATIONS WHICH PROMOTES EFFORTS OF ENSURING SAFE AND EFFECTIVE FIRE GROUND OPERATIONS BY DEFINING AND STANDARDIZING COMMUNICATIONS AND OPERATIONAL BEST PRACTICES. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $172,685.91 contribution from FEMA'S AFG is to be used towards the purchase of NECESSARY EQUIPMENT AND TRAINING CURICULIUM TO IMPLEMENT THE DISCIPLINE OF THE BLUE CARD FIREGROUND OPERATIONS © MODEL TO THE FIRE DEPARTMENT. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards IMPLIMENTATION OF THE BLUE CARD FIREGROUND OPERATIONS MODEL TO THE FIRE DEPARTMENT. MOTION seconded by Councilmember Butler and adopted by the City Council at a regular meeting this 17th day of August 2021, with Councilmembers Bukkila, Barthel, Butler, Holthus and Nelson voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: 10 ich Ile Hartner - Deputy City Clerk CITY OF D• Sheri i 1311M CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 059-21 MOTION by Council member Barthel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION, WAIVING PUBLIC HEARING, ORDERING ASSESSMENT ROLL AND ADOPTING ASSESSMENT FOR WATER MAIN PROJECT NO. 21-46 IN THE AREA OF 14452 ROUND LAKE BOULEVARD NW. WHEREAS, the City Council has received a petition, dated March 29, 2021 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The City Council of the City of Andover hereby accepts petition, waives public hearing, orders assessment roll and adopts assessment. 2. 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 Qthe assessment levied against it. 3. 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, 2022 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, 2021. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner has elected to have the special assessment deferred based on annual income level approved in Resolution No. R038-21. If the property is sold or transferred the deferred assessment shall be paid in full unless both parties agree to have the improvement assessed to the new owner over 5 years at the current special assessment rate. MOTION seconded by Council member Nelson and adopted by the City Council at a regular meeting this 17' day of August, 2021, with Council members Barthel. Nelson, Butler Holthus Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. 0 CITY QFZAE ATTEST: Sheri guVkila 1,Maydr *Micelle Hartner — Deputy City Clerk C CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 058-21 A RESOLUTION TO REMOVE THE EXISTING NO PARKING SIGNS ON BOTH SIDES OF 159TH AVENUE NW FROM MARYSTONE BOULEVARD NW WEST TO THE END OF 159TH AVENUE NW, FROM A POINT ENDING APPROXIMATELY 800 FEET AT THE END OF 159TH AVENUE NW. WHEREAS, the City had approved Resolution No. 086-87 designating No Parking on 159th Avenue NW from Marystone Boulevard NW west to the end of 159th Avenue NW, from a point ending approximately 800 Feet at the end of 159th Avenue NW, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to remove the existing No Parking on both sides of 159th Avenue NW from © Marystone Boulevard NW west to the end of 159th Avenue NW, from a point ending approximately 800 Feet at the end of 159m Avenue NW. Adopted by the City Council of the City of Andover this 20th day of July, 2021. ATTEST: 4j9ce1&1eLH4aner— Deputy City Clerk u U E CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R057-21 A RESOLUTION GRANTING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT AT 15058 THRUSH ST NW, PIN 22-32-24-33-0058, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: That part of the 10 foot Drainage and Utility Easement on Lot 10, Block 4, as dedicated on the plat of WOODLAND ESTATES, as of public record in the office of the Anoka County Recorder, Anoka County, Minnesota, described as the east 5.00 feet of the west 10.00 feet of said Lot 10, excepting the northeasterly 10.00 feet thereof and also excepting the south 5.00 feet thereof. WHEREAS, the property owner has requested to vacate the described drainage and utility easement; and WHEREAS, a public hearing was held pursuant to the requirements of Minnesota State Statute and City Code 8-6-1; 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: 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 2nd day of August 2021. ATTEST - Mi helle Harmer, Deputy dC- Clerk CITY 0 . Sheri:.� - CERTIFICATE OF SURVEY 1H 14 FOR: Blake Pemberton p.xxestotune a m .. h a 0 b 0 u1 3.$'CN&nIuVl Farce` a.r.wlwEna. LOT 10. MM 4,WO0IXM0 ESTATE$, MNa C<vtY, k Wla I. &W1<GROVNOINFOPolATIpl SNOWNPER pOUAYIA%SURVEI'PENORNEO BY FOR MEP N`oSESU PIS SSURVEY RTHI5PROIEOT. 2 iORiXEPUPPO3E30F1NL551RVEY }RESWIM SYSTEM ISHAM ONTNE WE SURVEYOR OO$NOT E5Y5TFN. i TXFSURVEYIN DOESNOTGVARA•NE�INWNi1NGORA55tIAEp, TIIATTNE UIILInE!InS XONNAnE0NW5EM0TLOCAIION.AOEXCAVATONWA5 PEPldiNEDTOL=TETHEUNOERIXLWNOVM.TES. 1 E Ro;Nn 0vnMnn Tian pan 000IDW DoI not ftbEaumMl 0 L0110. BInnkd, ac0efinte on An Put WWOODIPND ESTATES, u of wINI seroM In he nun, WNaAro4 Conn,, Re Nne.Mnke caWy, Lmnm dMunA a6 ftea4 s00feua no, msl lo.UWl of"Aut Ia. ekDV&QB0 milo"I P 10.00iee1lkleninvI em oftnh, M..utl $.W font Uiermf. L.o, Hun Da4: WIM04 Imme. Nn. D1992 Ps N& EXHIBIT A :e EXISTING DESCRIPTION CONORETECUHB -X� FENCELINE BOULDER WALL O 1YYN14-IRONPIPESET • IRONPIPEFOUND Fl!!L<l111 AREA TO BE VACATED T 3 0 90 SCALE IN FEET • In 105 South IA Avenue L A N O F O$ M SuiteM ��•� o ® Minneapois, MN 55401 o s Web: Ianlifon.net © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES NO. R056-21 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "OAKVIEW ACRES" FOR THE PROPERTIES LOCATED AT 1326 & 1346 161 ST AVE NW (PID# 14-32-24-31-0004 & 14-32-24-34- 0001 RESPECTIVELY) LEGALLY DESCRIBED AS; Parcel 1: THE El/2 OF WI/2 OF NEIA OF SW 1/4; EX RD; SUBJ TO EASE OF REC Parcel 2: THE El/2 OF WI/2 OF SEl/4 OF SWl/4; EX RD, SUBJ TO EASE OF REC WHEREAS, Tamarack Land Development, LLC has requested approval of a preliminary plat; and, WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and, WHEREAS, the applicant has requested a variance to the 500-foot maximum cul-de-sac length provided in City Code 11-3-3 to allow the extension of an existing cul-de-sac beyond the 500-foot maximum; and, WHEREAS, the City Council finds that special circumstances for the proposed variance are the existence of wetlands, floodplain, topographical constraints, location of existing roadways and surrounding © development preclude a roadway design or connection that would allow the development to conform with the maximum cul-de-sac length provided by City Code 11-3-3. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said preliminary plat; and, WHEREAS, as a result of such public hearing, the Planning & Zoning Commission recommends approval of the preliminary plat to the City Council; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Preliminary Plat of Oakview Acres with the following conditions: 1. City of Andover staff comments dated June 29, 2021. 2. The applicant shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 3. Including the existing home one new 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. 4. Prior to final plat recording with Anoka County, a development agreement acceptable to the City Attorney must be executed by the developer. 5. Separate easement documents shall be required for each Vehicle Maintenance Access Area. © 6. Such plat approval is contingent upon the rezoning of the property from R-1: Single Family Rural to R-4: Single Family Urban. © 7. Applicant shall obtain all necessary permits from appropriate jurisdictions and agencies that may be required in order to develop the property. 8. A variance to allow a cul-de-sac as shown on the approved plan to extend beyond the 500-foot maximum length requirement of City Code 11-3-3 is granted based on the findings listed in this resolution. Adopted by the City Council of the City of Andover this 20`h day of July 20 CITY OF ANDOVER ATTEST: heri Bukk' , Ma r Mic elle Hamner, City Clerk r-0 u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 055-21 A RESOLUTION DESIGNATING NO PARKING ON NORTH SIDE OF 159TH AVENUE NW BETWEEN MARYSTONE BOULEVARD NW AND A POINT ENDING APPROXIMATELY 800 FEET FROM THE WEST END OF 159TH AVENUE NW. WHEREAS, the City Council is recognizes that no parking along this section will minimize vehicle conflicts and congestion; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone on the north side 159th Avenue NW between Marystone Boulevard NW and a point ending approximately 800 feet from the west end of 159th Avenue NW. © Adopted by the City Council of the City of Andover this 20th day of July 2021. ATTEST: rt Bu ila - Michelle Hartner — Deputy City Clerk ►J 1E 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 054-21 MOTION by Council member Barthel to adopt the following A RESOLUTION DECLARING ADEQUACY OF PETITION, WAIVING PUBLIC HEARING, ORDERING ASSESSMENT ROLL AND ADOPTING ASSESSMENT FOR SANITARY SEWER & WATER MAIN PROJECT NO. 21-43 IN THE AREA OF 1439 - 146th AVENUE NW. WHEREAS, the City Council has received a petition, dated July 13 2021 requesting the construction of improvements: and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The City Council of the City of Andover hereby accepts petition, waives public hearing, orders assessment roll and adopts assessment. 2. 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. 3. Such assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2022 and shall bear interest at the rate of 7 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, 2021. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owners, of any property so assessed may, pay the whole of the. assessment on such property on July 21, 2021. If not paid at that time, the assessment shall accrue interest. MOTION seconded by Council member Nelson and adopted by the City Council at a regular meeting this 201h day of July, 2021, with Council members Barthel Nelson Holthus Butler Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed ATTEST: 4iced4artner— Deputy City Clerk Elm X H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R053-21 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUESTED BY KRISTI JOHNSTON TO OPERATE AN IN -HOME BEAUTY SALON AT 15018 BLUEBIRD STREET NW, PID# 23-32-24-33-0038, LEGALLY DESCRIBED AS: LOT 36, BLOCK 1, WINSLOW HILLS WHEREAS, Kristi Johnston has requested a Conditional Use Permit for an in -home beauty salon and is the property owner as of the date of this resolution, and; WHEREAS, the Planning and Zoning Commission held a public hearing on June 8, 2021, pursuant to the requirements of City Code 12-14-8, and; WHEREAS, the Planning and Zoning Commission has reviewed the beauty salon request and has determined that said request meets the criteria of City Code 12-9-8 regarding, In -Home Beauty Salons, and would not have a detrimental effect upon the health, safety, general welfare, values of property and scenic views in the surrounding area, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby approve the Conditional Use Permit on the above legally described property for an in -home beauty salon with the following conditions: 1. The salon must comply with the State Cosmetology Board requirements. 2. The salon has a maximum of one work chair and will be limited to just the owner as the sole operator/stylist. 3. Hours of Operation are from 8:00 AM to 9:00 PM, Monday through Saturday. 4. The driveway will fulfill the parking requirements for the salon. 5. The beauty salon shall be owner occupied. 6. Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. Adopted by the City Council of the City of Andover on this 15" day of June, 2021. ATTEST C Uelle Harmer, Deputy City Clerk CITY OF ANDOVER Sheri Bu ila, ayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R052-21 A RESOLUTION GRANTING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT AT 15923 DRAKE STREET NW, PIN 14-32-24-32-0046, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: That part of the Drainage and Utility Easement dedicated in the plat of CHESTERTON COMMONS NORTH SECOND ADDITION, Anoka County, Minnesota which lies within Lot 10, Block 3 in said plat, described as follows: That part of the West 9.00 feet of the East 30.00 feet which lies South of the North 34.00 feet and North of the South 5.00 feet of said Lot 10. 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 Q 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: 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 151h day of June 2021. ATTEST CITY OF Mi elMner Clerk �Sheri H © EXHIBIT A ''.. i EES IS Fatl ktaW E=W 20 CVYa S88°41'59'E 130.00 �1 �" j}' .. PLCNOPEN •- DUSTNG MANAGE mo mrrY EASBENi \ w est i 30 Z "E jI EX6TINw .'-. GAM 9b2 f— W o �o - A+, J m py,� c, r N ifi N M EMTNG I 10 "BE GRaattEn � •. II II J cEd( O W QCC ppT e GAGAGE O FASEVEIa vACAMNINE MD UTLl TASDJENT LT-7 � S S88°41'59'E 130.53 P1.TN GN:ER ese� 'CONTOURS SHOWN PER LIDAR TOPOGRAPHY 2021.100 Year Calculation 898.9 �u DENOTES AS4WILT ELEVATION MEASURED 5111/2021 20DI-Plan 100 Year Flood 898.3 Proposed Description of Easement to be Vacated. That part of the Drainage and UVq Easement dedicated in the plat of CHESTERTON t COMMONS NORTH SECOND ADDITION. Anoka County, Mmesota which lees within Lot 10. Block 3 n said Oat, desrnbed as follows: That pan of the West 9.00 feet of the East 30.00 No"m feet which kes South of the North 34.00 ket and Northof the South 5.00 feet of said Lot 10. Note: House location based upon a survey ru uve 72ZICC6 vwta er,>I 0 20 by Hy -Land Surveying. M v.ua =16% 042 :" 1 Easement Exhibit u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R051-21 A RESOLUTION AMENDING THE TEXT OF THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO INCLUDE LANGUAGE THAT ALLOWS CERTAIN PROPERTIES WITHIN THE URL-URBAN RESIDENTIAL LOW LAND USE DISTRICT TO DEVELOP BETWEEN 1.75 AND 2.4 UNITS PER ACRE, PROVIDED CERTAIN CRITERIA ARE MET AS SHOWN ON EXHIBITS A AND B WHEREAS, the City Council adopted the 2040 Comprehensive Plan on December 15, 2020; and, WHEREAS, since that time the City of Andover has become aware that several properties within the URL — Urban Residential Low land use district may not be able to develop at the guided minimum net density of 2.4 units per acre due to challenges related to sewer capacity, access, poor soils, floodplain, wetlands, topography, hydrology, or the characteristics of the surrounding neighborhood, etc.; and, WHEREAS, the amendment will allow the City of Andover the freedom and flexibility to choose how, where, and under what conditions to support forecasted growth; and, WHEREAS, the amendment will continue to achieve the City's planned overall minimum net density of 3.0 units per acre and continue to meet the City's affordable housing goals; and, © WHEREAS, a public hearing was held pursuant to Andover City Code and state statutes; and, WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Comprehensive Plan Amendment; and, WHEREAS, on February 16, 2021, the City Council received the recommendation of the Planning and Zoning Commission and by resolution authorized the amendment to be submitted for review to the Metropolitan Council; and, WHEREAS, the proposed Comprehensive Plan Amendment was initially submitted to the Metropolitan Council for review on February 24, 2021, and supplemental information was submitted on May 26, 2021; and, WHEREAS, on June 11, 2021, the City received notice that the proposed amendment has been approved by the Metropolitan Council; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission, and verification of approval from the Metropolitan Council and adopts the Comprehensive Plan Amendment as shown on Exhibit A and B. � J Adopted by the City Council of the City of Andover on this 151h day of June 2021. CITY OF ANDOVER ATTES'& Mi helle Harmer, Deputy City C rk X H © Amendment to Page 2-10 EXHIBIT A Urban Residential Low Density (URL) district is established to create cohesive neighborhoods of single- family detached housing within the MUSA and with access to municipal sewer and water. Residential lots within this district are sized to allow efficient utilization of municipal infrastructure as well as to provide an area large enough to accommodate housing market demands. These neighborhoods must be protected from higher intensity uses with appropriate transitions. These transitions include natural features such as trees, wetlands, streams or major changes in topography. Man-made elements such as streets, parks or earth berms in combination with landscaping are also appropriate. When adjacent to arterial roadways, additional setback distance, landscaping and berms are required. Facilities that generate noise, traffic, and/or glare also require major separation from these neighborhoods. Minimum Lot Size Variable Density 2.4** to 4 units per acre PUD Density 4 units per acre City Utilities Required Corresponding Zoning Districts R-4 Single Family Urban Residential Type of Development Single -Family Detached Housing *Areas within the Metropolitan Urban Service Area (MUSA) are calculated using net density, areas outside of the MUSA are calculated using gross density. **Some areas guided Urban Residential Low that are also within the Transitional Residential © district may qualify for a reduction in minimum density requirements. Some potential areas are identified on Figure 2.4A. See the Transitional Residential district text on Page 2-15 for more information and specific standards. Amendment to Page 2-15 Transitional Residential (TR) District contains properties within the MUSA that are currently zoned for rural residential uses (R-1, R-2, and R-3). These properties are guided for urban development in 5- year stages as shown in Figure 2.5. Property designated Transitional Residential may only be platted under urban residential guidelines and served by municipal utilities. Lot splits may only occur without municipal services under the requirements of the City Code. Any subdivision of property that results in lots less than 2.5 acres in size must be served with municipal sewer and water. The Transitional Residential District also contains properties that when subdivided will have significant barriers to development. Therefore, properties that fall within the Urban Residential Low (URL) district at the time of preliminary plat application may qualify for a reduction in minimum density requirements. If a property meets three (3) or more of the criteria listed below, the City Council may approve a decrease in the minimum density requirements provided the proposed density does not fall below 1.75 units per acre: A. Adequate sanitary sewer or water capacity does not exist to develop the property at the minimum density. © B. Previous subdivision of adjacent properties has provided limited access which restricts development potential. © C. Meeting the minimum density would not be feasible due to the existence of poor soils, wetlands, floodplain, topography, hydrology or other limiting environmental condition. D. Property is located within a Shoreland District, Scenic River District, Wellhead Protection Area, or Drinking Water Supply Management Area due to State requirements towards limiting impacts to the above noted items. E. For infill type developments, the characteristics of the surrounding neighborhood would not support development of the property at the minimum density. The City is aware of several properties that may meet three of the five criteria above and has identified these areas on Figure 2.4A. Figure 2AA is for planning purposes only to illustrate the potential applicability of these criteria. Ultimate determination of applicability of these criteria will be at the City Council's discretion and upon site plan review. H H CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R050-21 A RESOLUTION APPROVING THE FINAL PLAT OF "ANDOVER VILLAGE" FOR PROPERTY LEGALLY DESCRIBED AS: All that part of the Southwest Quarter of the Southeast Quarter of Section 30, Township 32, Range 24, Anoka County, Minnesota, lying south of the south line of Parcel 1, ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 22 and lying east of the west 300.00 feet thereof. Except the south 165.00 feet thereof. WHEREAS, the City Council has approved the preliminary plat for the project to be known as "Andover Village"; and WHEREAS, the Developer has presented a final plat of "Andover Village" 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 "Andover Village" contingent upon the following: 1) The plat shall conform to the final plat stamped received by the City of Andover on May 27, 2021. 2) Separate Vehicle Maintenance Access Agreements shall be provided over, under, and across the appropriate locations which must be approved by the City Attorney and recorded at the County with the final plat. 3) All other appropriate easements (trail, emergency access, snow storage easements, and private driveways) shall be provided, reviewed and approved by the City Attorney and recorded at the County with the final plat. 4) Park dedication and trail fees shall be paid. 5) Declaration of Covenants, Restrictions and Easements shall be reviewed and approved by the City Attorney, related to the PUD. 6) Title Commitment and final plat must be approved by the City Attorney. Adopted by the City Council of the City of Andover this 15' day of June 2021. ATTEST: CITY OF OVER is elle Hamner, City Clerk �Sfieri Bql Gila, Mayor CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 049-21 MOTION by Council member Barthel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 21-21, COON CREEK TRUNK LIFT STATION #11. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 047-21 dated May 18, 2021, bids were received, opened and tabulated according to law with results of the one bid received as follows: Pember Companies, Inc. $687,440.50 Minger Construction Companies, Inc. $707,533.00 Meyer Contracting, Inc. $768,397.98 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Pember Companies, 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 Pember Companies. Inc. in the amount of $687,440.50 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 Nelson and adopted by the City Council at a regular meeting this 15th day of June , 2021 , with Council members Barthel, Nelson, Holthus, Butler Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R048-21 A RESOLUTION AMENDING A CONDITIONAL USE PERMIT FOR EXPANSION OF PRIVATE UTILITY STRUCTURES LOCATED AT 14371 7TH AVENUE (PID# 30-32-24-42-0002) NW LEGALLY DESCRIBED AS FOLLOWS: UNPLATTED GROW TWP A TRACT OF LAND OUT OF SEl/4 OF SEC 30-32-24 DESC AS FOL: BEG AT A PT 2622.05 FT W & 869.2 FT S OF THE E 1/4 COR OF SD SEC SD PR BEING ON THE E R/W LINE OF CNTY AID RD NO 29 TH E A DIST OF 125 FT TH S A DIST OF 100 FT TH W A DIST OF 125 FT TO A PT ON THE E R/W LINE OF CNTY AID RD NO 29 TH N ALG SD E R/W LINE A DIST OF 100 FT TO THE POB; EX PRT PLATTED AS ANOKA CNTY HEY R/W PLAT NO 7; EX RDS; SUBJ TO EASE OF REC. WHEREAS, Conditional Use Permit Res. No. R057-91 was granted on May 7, 1991 to allow for the construction of private utility structures; and, WHEREAS, an amendment to the Conditional Use Permit Res. No. R170-92 was granted on September 15, 1992 to allow for the expansion of private utility structures; and, WHEREAS, the applicant is proposing an expansion of private utility structures that necessitates an amendment to the Conditional Use Permit; and, WHEREAS, the Planning and Zoning Commission held a public hearing pursuant to City Code 12-14-8; and, WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and, WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request. NOW, THEREFORE BE 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 amendment for expansion of private utility structures at 14371 7th Ave NW, subject to the following conditions: 1. All appropriate permits must be obtained prior to construction, including but not limited to a Building Permit from the City of Andover. 2. The expansion shall be limited to construction of a new 14-foot by 26-foot metering building. 3. Any future expansion of private utility structures shall require a separate Conditional Use Permit amendment. 4. The Conditional Use Permit amendment will be subject to a sunset clause as specified by City Code 12-14-6-D. Adopted by the City Council of the City of Andover on this 1" da10 y of June, 2021. n Ot H X CITY OF ANDOVER ATTEST: n �� Mich lle Harmer, Deputy City Clerk >Shelrigukkila,ayor n U CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 047-21 MOTION by Council member Holthus to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 21-21, COON CREEK TRUNK LIFT STATION #11. WHEREAS, pursuant to Resolution No. 018-21, adopted by the City Council on the 16th day of February, 2021, Bolton & Menk Inc. has prepared final plans and specifications for Project No. 21-21, WHEREAS such final plans and specifications were presented to the City Council for their review on the 18th day of May , 2021. 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., June 8. 2021 at the Andover City Hall. MOTION seconded by Council member Nelson and adopted by the City Council at a regular meeting this 18th day of May 2021, with Council members _ Holthus. Nelson Butler, Barthel. Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: i © Mich Ile Hartner— Deputy City Clerk CITY OF ANDOVER © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R046-21 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "Andover Village" FOR PROPERTY LEGALLY DESCRIBED AS; All that part of the Southwest Quarter of the Southeast Quarter of Section 30, Township 32, Range 24, Anoka County, Minnesota, lying south of the south line of Parcel 1, ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 22 and lying east of the west 300.00 feet thereof. Except the south 165.00 feet thereof. WHEREAS, Andover 648-1 Land, LLC has requested approval of a preliminary plat for Andover Village; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning Commission recommends approval of the preliminary plat to the City Council; and QNOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Preliminary Plat of Andover Village with the following conditions: 1. City of Andover staff comments dated April 22, 2021. 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. 4. Prior to final plat recording at Anoka County, a development agreement acceptable to the City Attorney must be executed by the Developer. 5. Separate documents shall be required for each Vehicle Maintenance Access Area. 6. Such plat approval is contingent upon the rezoning. 7. Such plat approval is contingent upon CUP/PUD Approval. 8. Applicant shall construct access improvements as reviewed and approved by Anoka County Highway Department. 9. Applicant shall obtain all necessary permits from appropriate jurisdictions and agencies in order to develop the property. 10. Applicant shall provide Homeowners Association documents at time of final plat addressing items identified during CUP/PUD approval process. Adopted by the City Council of the City of Andover this 4" day of May, 2021. © CITY OF AN OVER ATTEST: /J �:.Mi elle Harmer, City Clerk Sheri Bu ila or n XJ H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R045-21 A RESOLUTION APPROVING THE CONDITION USE PERMIT / PLANNED UNIT DEVELOPMENT REQUESTED BY LGA ANDOVER, LLC (OWNER)/ANDOVER 648-1 LAND, LLC (APPLICANT), AS SHOWN AS ANDOVER VILLAGE PRELIMINARY PLAT, LEGALLY DESCRIBED AS: All that part of the Southwest Quarter of the Southeast Quarter of Section 30, Township 32, Range 24, Anoka County, Minnesota, lying south of the south line of Parcel 1, ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO.22 and lying east of the west 300.00 feet thereof. Except the south 165.00 feet thereof. WHEREAS, Andover 648-1 Land, LLC has requested a Conditional Use Permit for a Planned Unit Development (PUD) for Andover Village, 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 has determined that said ® request does meet the criteria of City Code and 13-3-9; as the proposed PUD is not in conflict with the goals of the Comprehensive Plan for the City; and; WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Permit / Planned Unit Development request, and; WHEREAS, the City Council of Andover has reviewed the request and has determined that said request does meet the criteria of City Code and 13-3-9 because: The proposed development is not in conflict with the goals of the Comprehensive Plan for the City. The City of Andover has recently approved a Comprehensive Plan Amendment to change the Future Land Use map from 8 to 12 units per acre to 4 to 8 units per acre on this particular property. The City Council recently adopted this amendment after Metropolitan Council's review on April 20, 2021. 2018 Comprehensive Plan Goals that may be relevant which are found in Chapter 1: Foundation of the Comprehensive Plan (see attachment for additional goals). Overarching Goals, Objectives and Policies Goal 1: Maintain and enhance the quality of life in Andover H © Land Use Goals, Objectives and Policies Goal: Reduce maintenance and energy costs for public facilities and infrastructure. Housing Goals, Objectives and Policies Goal: Provide a variety of housing types to accommodate the life cycle needs of all residents. Transportation Goals, Objectives and Policies Goal: Minimize impacts of the transportation system on the natural environment. 2. The proposed development is designed in such a manner as to forma desirable and unified environment within its own boundaries. The only access to this neighborhood will be Bunker Lake Blvd which provides a unified main egress/ingress access into the neighborhood. The Detached Townhomes (DTH) Home Owners Association (HOA) guidelines will provide a uniform neighborhood since all the yards and open spaces are maintained by on HOA management group. The DTH's product style/ product offering choices will create an environment of uniform as you walk/travel through the neighborhood. 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose of PUD. © Each deviation that is referenced above illustrates the purpose of a PUD, whereby providing a neighborhood that is not typical in design for medium density neighborhoods. The DTH with HOA maintained yards offers a PUD style in a neighborhood that is missing in the Andover community, including many Cities in the Twin Cities Metro market area. Buyers will have an additional housing choice to choose from. Each DTH is designed with front porches that creates a sense affront yard gatherings with your neighbors. The PUD allows flexibility in design and product offerings that most neighborhoods may not offer, our proposed neighborhood does. 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. Our neighborhood will be developed in one phase, each home will be built according to construction required standards as permitted within this PUD. The marketing of the HOA maintained yards and designed standards within this PUD provides an additional feasibility of success for this neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby ap rp ove the Conditional Use Permit/ Planned Unit Development for Andover Village on the above legally described property with the following conditions: 1. Applicant shall address staff comments in Engineers review letter dated April 22, 2021. 2. Upon approval action by Andover City Council of Preliminary Plat Andover Village, it shall be incorporated into the PUD. © 3. The following deviations shall be permitted from the R-4 zoning district with the PUD: a. LOT STANDARDS: Lal Lal 41I CITY CODE RE UIItEMENTS PUD PROPOSAL Lot size/Net Density 10,400 sq. ft. /4-8 units per acre 4,259 sq. ft. + Lot Width 80 feet 40 feet Lot Width @ ROW 50 feet 40 feet° Lot Depth 130 feet Greater than 150 feet Lot Buildability 110 feet 106 feet + Land Coverage (Max % Structures 20% 50% Lots allowed on 8.2 acres 1 33-66 49 proposed 8 lots serviced by private drives b. SETBACKS: CITY CODE PUD PROPOSAL RE =NMNTS Front Yard 35 feet 20 feet from City ROW 25 feet Private Drive 15 feet Porch Side Yard Garage 6 feet 5 feet 15 feet Private Drive Side Yard Home 10 Feet 5 feet 15 Feet Private Drive Rear Yard Setback from City 35 feet 25 feet Street Ci Street Setback 1 35 feet 15 feet CountyRoad Setback 40 feet 40 feet c. MISC: CITY CODE REQUIREMENTS PUD PROPOSAL Front Yard Trees 2 1 Cul de Sac Lengffi 500 952 +/- 4. The applicant shall construct Liberty Series homes as presented to the City during their April 27, 2021 and May 4, 2021 public meetings; which are on file at the City of Andover. 5. The applicant shall establish a Homeowners Association to handle maintenance of landscaping and snow removal, including the potential hauling of snow from the site and clearing of the proposed cul de sac (14151 Lane NW). 6. The applicant shall be responsible for access approval by Anoka County Highway Department and construction costs associated with the access. Adopted by the City Council of the City of Andover on this 4`h day of May, CITY OF ANDOVER ATTEST: - Ii elqH-CeLrDeputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R044-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ACCEPTING A DONATION OF FACE MASKS FOR VISITORS TO USE AT THE ANDOVER COMMUNITY CENTER. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the face mask donation from Biclite USA, LLC are to be used by visitors at the Andover Community Center. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used at the Andover Community Center. © MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this May 4, 2021, with Councilmembers Bukkila, Barthel Butler, Holthus and Nelson voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner - Deputy City Clerk C CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 043-21 MOTION by Council member Barthel to adopt the following: A RESOLUTION ACKNOWLEDGING AND ACCEPTING BIDS FOR THE IMPROVEMENT OF PROJECT NOS. 21-03, 2021 CRACK SEALING/21-05, 2021 PAVEMENT MARKINGS/21-07 2021 TRAIL MAINTENANCE/21-10, 2021 PARKING LOT MAINTENANCE. WHEREAS, pursuant to the Joint Powers Agreement with Coon Rapids, bids were received, opened and tabulated according to law on March 12, 2021 at Coon Rapids City Hall with the low bidder results as follows: Contractor Andover's Portion Allied Blacktop, Inc. (C.P. 21-03 / 21-10) $143,070.00* Sir Lines A Lot (C.P. 21-05) $47,900.00 Allied Blacktop. Inc. (C.P. 21-07 / 21-10) $38 750 40** Total $229,720.40 * Includes $139,586.00 for Project 21-03 & $3,484.00 for Project 21-10 ** Includes $27,081.60 for Project 21-07 & $11,668.80 for Project 21-10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to © hereby acknowledge and accept the bids as shown to indicate Allied Blacktop, Inc, Sir Lines A Lot and Allied Blacktop Inc. as being the apparent low bidders for their respected projects. BE IT FURTHER RESOLVED TO HEREBY direct the City of Coon Rapids to enter into a contract with Allied Blacktop, Inc. in the amount of $ 143,070.00; and Sir Lines A Lot in the amount of $ 47,900.00; and Allied Blacktop Inc. in the amount of $ 38,750.40; 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. Nelson and adopted by the City Council at a regular meeting this 20th day of April , 2021, with Council members Barthel, Nelson, Holthus Butler Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER © ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 042-21 MOTION by Counci [member Barthel to adopt the following: A RESOLUTION RESCINDING RESOLUTION 034-21 FOR ACKNOWLEDGE AND ACCEPT BIDS FOR THE IMPROVEMENT OF PROJECT NOS. 21-03, 2021 CRACK SEALING/21-05, 2021 PAVEMENT MARKINGS/21-07, 2021 TRAIL MAINTENANCE/21-10, 2021 PARKING LOT MAINTENANCE. WHEREAS, pursuant to the Joint Powers Agreement with Coon Rapids, bids were received, opened and tabulated according to law on March 12, 2021 at Coon Rapids City Hall with the low bidder results as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby rescind Resolution No. 034-21, adopted April 6, 2021 due to an incorrect contractor name and incorrect City project numbers. MOTION seconded by Council member Nelson and adopted by the City Council at a regular meeting this 20th day of April , 2021, with Council members Barthel, Nelson Holthus, Butler Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. E © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R041-21 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A COMMERCIAL GREENHOUSE, LOCATED AT 14700 SYCAMORE ST NW, PID# 26-32-24-11- 0015, LEGALLY DESCRIBED AS: LOT 9, BLOCK 1, BARNES ROLLING OAKS 2ND ADDITION WHEREAS; Na Vang has requested a conditional use permit for a commercial greenhouse and is the property owner as of the date of this resolution, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing on April 13, 2021 pursuant to the requirements of City Code 12-14-8, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the ® Conditional Use Permit request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the conditional use permit for a commercial greenhouse at 14700 Sycamore St NW, subject to the following conditions: 1. All materials and equipment associated with the commercial greenhouse not stored within a building must be fully screened so as to meet the requirements established by City Code 12-13-3 and 12-15-5 as amended. 2. The number of employees shall be limited to one person on site in addition to family members. 3. Any interior or exterior alterations to the dwelling are prohibited, except those customarily found in a dwelling. 4. Installation of signage shall require a sign permit and meet all City Code requirements. 5. Vehicles associated with the commercial greenhouse shall be regulated as stated in City Code Title 12, Chapter 13: Performance Standards, City Code Title 6: Motor Vehicles and Traffic, and City Code Title 4: Public Nuisances. 6. All customers must park on an approved impervious surface on the property. At no time may customers or vehicles associated with the commercial greenhouse be parked or stored within the public right-of-way. 7. The commercial greenhouse shall not produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. 8. The commercial greenhouse shall be conducted by at least one member of the family who resides in the dwelling unit. 9. The commercial greenhouse shall meet all applicable Fire and Building Codes, including but not ® limited to obtaining a building permit and/or temporary structure permit for construction of the greenhouse. 10. The commercial greenhouse shall meet a side yard setback of 30-feet (30'), rear yard setback of © 50-feet (50') and a front yard setback of 100-feet (100'). 11. Accessory structures, including the commercial greenhouse, shall meet the requirements of City Code 12-6-4-A-1. Any accessory structures that will cause the property to be in violation of City Code 12-6-4-A-1 once the commercial greenhouse is constructed, shall be removed prior to construction of the commercial greenhouse. 12. Customers shall not be allowed on the property except for prearranged pick-up times between the hours of 10:00am — 5:00pm on Tuesdays, Thursdays and Sundays. 13. Operation of the commercial greenhouse and related activities shall be limited to between the hours of 7:OOam — I0:00pm. 14. If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Conditional Use Permit, the permit will be null and void. Adopted by the City Council of the City of Andover on this 20a` day of April, 2021. CITY OF ANDOVER ATTEST: S eri B it , or i helle Hartner, Deputy City Clerk L71 E R CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R040-21 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR LIQUOR SALES, LOCATED AT 1574 154Tn AVENUE NW, SUITE 102, LEGALLY DESCRIBED AS: LOT 1, BLOCK 1, CHESTERTON COMMONS FOURTH ADDITION WHEREAS; the applicants are business owners of Tasty Taco, Inc, and have requested a conditional use permit for liquor sales within Suite 102 of the subject property, with authorization from the property owner, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing on April 13, 2021 pursuant to the requirements of City Code 12-14-8, pertaining to the public hearing process, 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 1574 154" Avenue NW, Suite 102, 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 102, as shown on the attached Exhibit B —Site Interior Drawing - Suite 102. 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 201h day of April 2021. CITY OF ANDOVER ATTEST:, 10 MRelle Hariner, Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R039-21 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO INCLUDE THE FOLLOWING: CHANGE THE FUTURE LAND USE DESIGNATION OF PART OF RID 30.32.24.43.0001 FROM URBAN RESIDENTIAL MEDIUM (URM) TO URBAN RESIDENTIAL MEDIUM LOW (URML) AND CHANGE THE FUTURE LAND USE DESIGNATION OF PART OF PID 35.32.24.32.0001 FROM PUBLIC TO URBAN RESIDENTIAL HIGH LOW (URHL) WHEREAS, the Future Land Use Map shows part of PID 30.32.24.43.0001 as URM and part of PID 35.32.24.32.0001 as public, and; WHEREAS, the City of Andover has received a request to reduce the density for part of PID 30.32.24.43.0001 from URM to URML; and WHEREAS, the City proposes to amend the Future Land Use Map designation from URM to URML for part of PID 30.32.24.43.0001, and; © WHEREAS, the City of Andover recognizes the need to meet fixture affordable housing allocations, and WHEREAS, the City of Andover desires to remain compliant with Metropolitan Council affordable housing allocations, and WHEREAS, the City of Andover desires to amend the Future Land Use Map designation from Public to URHL for part of PID 35.32.24.32.0001, and WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested, and; WHEREAS, On March 16, 2021 the City Council received the recommendation of the Planning and Zoning Commission and by resolution authorized the amendment be submitted for review to the Metropolitan Council, and; WHEREAS, the proposed Comprehensive Plan Amendment was submitted to Metropolitan Council on March 24 and; WHEREAS, on April 14, 2021 the City received notice that the proposed amendment has been © approved by Metropolitan Council, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission, and verification of • 0 approval from Metropolitan Council and adopts the following amendment to the Comprehensive Plan: 1. Change the land use designation for part of PID 30.32.24.43.0001 from URM to URML. 2. Change the land use designation for part of PID 35.32.24.32.0001 (5 acres) from Public to URHL. Existing - Future Land Use Map Pan of Pjp2 : 30. 12. 24. 43,0001 00 i � o Existing - Future Land Use Map Pan Proposed - Future Land Use Map Proposed - Future Land Use \lap Adopted by the City Council of the City of Andover on this 20" day of April, 2021. CITY OF ANDOVER ATTEST: Mi helle Harmer, Deputy City Clerk heri:. ! e CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R03 8-21 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 u $36,750.00 (Not to Exceed) $55,950.00 (Not to Exceed) Adopted by the City Council of the City of Andover this 20th day of April, 2021. Attest: Mic elle Harmer — Deputy City Clerk u CITY OF ANDOVER CITY OF ANDOVER COUNTY OF ANOKA © STATE OF MINNESOTA RES. NO. 037-21 MOTION by Council member Barthel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 21-18, ADVANCED METERING INFRASTRUCTURE (AMI). WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 017-21 dated February 16 , 2021, bids were received, opened and tabulated according to law with results of the one bid received as follows: Contractor Total Bid Core and Main, LP $1,180,440.14 Engineer's Estimate $1,285,499.31 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Core and Main, LP as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Core and Main, LP in the amount of $1,180.440.14 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 Nelson and adopted by the City Council at a regular meeting this 6th day of April , 2021 , with Council members Barthel. Butler, Holthus Nelson, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: H CITY OF ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R036-21 A RESOLUTION APPROVING RECORD OF DECISION AND THE NEGATIVE DECLARATION OF AN ENVIRONMENTAL IMPACT STATEMENT FOR THE FIELDS OF WINSLOW COVE RESIDENTIAL DEVELOPMENT. WHEREAS, Minnesota Rules 4410.4300 establishes certain categories of project that require the preparation of an Environmental Assessment Worksheet (EAW); and WHEREAS, Lennar ("Proposer") has proposed a residential development project in Andover consisting of 385 new residential units, including single-family and villa lots, in a development to be known as Fields of Winslow Cove (the "Project'); and WHEREAS, the Project will reach the threshold for a mandatory environmental assessment worksheet ("EAW") by having a total of more than 250 unattached units in a development per MN Rules 4410.4300, subpart 19 D. Residential Development; and WHEREAS, the EAW was prepared by Westwood Professional Services, on behalf of the Proposer, who submitted completed data portions of the EAW to the City of Andover consistent with Minn. Rules Part 4410.1400; and WHEREAS, the EAW was prepared using the form approved by the Minnesota Environmental Quality Board (EQB) for EAWs in accordance with Minn. Rules 4410.1300; and WHEREAS, the City of Andover submitted a copy of the EAW to all public agencies on the EAW distribution list prior to February 26, 2021, and published EAW availability in the EQB Monitor on March 2, 2021, in accordance with applicable State laws, rules, and regulations; and WHEREAS, a press release was published in the Anoka County Union Herald on February 26, 2021 to announce the availability of the EAW to interested parties; and WHEREAS, the 30-day comment period ended on April 1, 2021 and four (4) regulatory agencies submitted written comments during the comment period; and WHEREAS, the City of Andover acknowledges the comments received from the Metropolitan Council, the Minnesota Pollution Control Agency, the Minnesota State Historic Preservation Office, the Minnesota Department of Natural Resources Division of Ecological and Water Resources; and WHEREAS, city staff reviewed the proposed record of decision and finds it to be consistent with Qthe evidence submitted to the City and the applicable statutes and regulations, to the best © of their knowledge, and recommends the City Council approve the findings of fact and record ofdecision dated April 2021 and determine that no environmental impact statement ("EIS") is necessary, reasonable, or warranted with respect to the Project under the circumstances; and WHEREAS, the City Council desires to make findings of fact and a record of decision that no EIS is required with respect to the Project ("Negative Declaration"). NOW THEREFORE BE IT RESOLVED that the City Council does hereby: 1. Adopt and approve the findings of fact and record of decision on the Fields of Winslow Cove environmental assessment worksheet in the form which is attached hereto as Exhibit A and hereby makes the findings of fact and conclusions which are contained therein; and 2. Find and determine that, based upon the findings of fact and record of decision, no environmental impact statement is required for the Project pursuant to the Minnesota Environmental Policy Act or Minnesota Rules Parts 4410.0200 to 4410.6500. Adopted by the City Council of the City of Andover on this 6�h day of April 2021. 0 ATTEST q1/1�Mneral w�,NIi he, Deputy City Clerk E © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R035-21 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO INCLUDE THE FOLLOWING: MOVE THE METROPOLITAN URBAN SERVICE AREA (MUSA) BOUNDARY TO INCLUDE THE PARCEL, AND CHANGE THE LAND USE DESIGNATION FROM RR — RURAL RESIDENTIAL TO TR — TRANSITIONAL RESIDENTIAL FOR THE FOLLOWING PARCEL: 24-32-24-43-0001 WHEREAS, the Metropolitan Urban Service Area (MUSA) boundary line is currently located at the western boundary of the subject parcel, and; WHEREAS, the 1.9-acre subject property is currently guided RR: Rural Residential in the adopted Comprehensive Plan and does not meet the standards for minimum lot size and minimum lot width, in the corresponding Single Family -Rural zoning, and; WHEREAS, the City proposes to amend the Land Use to TR: Transitional Residential which would be consistent with the property to the west, and; © WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, on February 9, 2021, the Planning and Zoning Commission recommended to the City Council approval of the amendment as requested, and; WHEREAS, on February 16, 2021 the City Council received the recommendation of the Planning and Zoning Commission and by resolution authorized the amendment be submitted to the Metropolitan Council, and; WHEREAS, the proposed Comprehensive Plan Amendment and MUSA expansion were submitted to Metropolitan Council for review on February 24, 2021, and; WHEREAS, on March 17, 2021 the City received notice that the proposed amendment and MUSA expansion have been approved by Metropolitan Council, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and adopts the following amendment to the Comprehensive Plan: 1. Change the land use designation from RR — Rural Residential to TR — Transitional Residential. 2. Move the MUSA boundary line to the easterly border of the subject property. © Adopted by the City Council of the City of Andover on this 6t' day of April, 2021. CITY OF ANDOVER ATTEST: _ "'iPheL11eH'a'rtner, Deputy City Clerk .- Sheri / la Mayor H Xi CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO.034-21 MOTION by Council member Barthel to adopt the following: A RESOLUTION ACKNOWLEDGING AND ACCEPTING BIDS FOR THE IMPROVEMENT OF PROJECT NOS. 21-03, 2021 CRACK SEALING/21-05, 2021 PAVEMENT MARKINGS/21-07, 2021 TRAIL MAINTENANCE/21-10, 2021 PARKING LOT MAINTENANCE. WHEREAS, pursuant to the Joint Powers Agreement with Coon Rapids, bids were received, opened and tabulated according to law on March 12, 2021 at Coon Rapids City Hall with the low bidder results as follows: Contractor Allied Blacktop, Inc. Sir Lines A Lot (C.P Total (C. P. 20-03 / 20-10) 20-05) Andover's Portion $143,070.00* $47,900.00 * Includes $139,586.00 for Project 21-03 & $3,484.00 for Project 21-10 ** Includes $27,081.60 for Project 21-07 & $11,668.80 for Project 21-10 ,720.40 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to © hereby acknowledge and accept the bids as shown to indicate Allied Blacktop, Inc, Sir Lines A Lot and ASTECH, Corp. as being the apparent low bidders for their respected projects. BE IT FURTHER RESOLVED TO HEREBY direct the City of Coon Rapids to enter into a contract with Allied Blacktop, Inc. in the amount of $ 143,070.00; and Sir Lines A Lot in the amount of $ 47,900.00; and ASTECH Corp in the amount of $ 38,750.40; 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. Butler and adopted by the City Council at a regular meeting this 6fh day of April , 2021, with Council members Barthel, Butler, Nelson, Holthus, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. © ATTEST: L"T,-1 � a�r►u Michelle Hartner - Deputy City Clerk CITY OF A '"VER '\�:� ' -' Sheri B kila - ayor' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R033-21 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be designated as Municipal State Aid Streets under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that these streets described as follows, to wit: 135th Lane NW / Thrust Street NW from Crosstown Boulevard NW (CSAH 18) to Bunker Lake Boulevard NW (CSAH 116) Martin Street NW from Station Parkway NW to Bunker Lake Boulevard NW (CSAH 116) to be and hereby established, located and designated as Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for their consideration and upon their 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 6th day of April , 2021 . C C H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ACCEPTING A DONATION MADE TO THE CITY OF ANDOVER FOR TWO NEW THREE ROW BLEACHERS, ONE AT TIMBER TRAILS AND ONE AT ANDOVER LIONS PARK. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the donation from the Andover Baseball Association will be for two new bleachers, one at Timber Trails Park and one at Andover Lions Parks. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation, for two new bleachers from the Andover Baseball Association. MOTION seconded by Councilmember Butler and adopted by the City Council at a regular meeting this 6th day of April 2021, with Councilmembers Barthel, Butler, Holthus, Nelson, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Mich Ile Hartner - Deputy City Clerk CITY OF D• AM /�� •� vrw r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031-21 MOTION by Council member Barthel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 21-14, TOM ANDERSON TRAIL MAINTENANCE IMPROVEMENTS & 20-18, PRAIRIE KNOLL PARK NORTH PARKING LOT PAVING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 024-21 dated March 2 , 2021, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Contractor- Project 21-14 Project 20-18 Total Bid North Valley, Inc. $170,200.79 $129,524.79 $299,725.58 Bituminous Roadways, Inc. $158,982.50 $149,245.50 $308,228.00 Aslakson's Services, Inc. $179,923.80 $136,865.90 $316,789.70 Engineer's Estimate $203,300.00 $136,300.00 $339,600.00 Q 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 $299,725.58 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Butler and adopted by the City Council at a regular meeting this 6th day of April , 2021 , with Council members Barthel. Butler, Holthus, Nelson, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. u © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 106118 OIR1ZCZ1bm1 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO INCLUDE THE FOLLOWING: CHANGE THE FUTURE LAND USE DESIGNATION OF PART OF PID 30.32.24.43.0001 FROM URBAN RESIDENTIAL MEDIUM (URM) TO URBAN RESIDENTIAL MEDIUM LOW (URML) AND CHANGE THE FUTURE LAND USE DESIGNATION OF PART OF PID 35.32.24.32.0001 FROM PUBLIC TO URBAN RESIDENTIAL HIGH LOW (URHL) WHEREAS, the Future Land Use Map shows part of PID 30.32.24.43.0001 as URM and part of PID 35.32.24.32.0001 as public, and; WHEREAS, the City of Andover has received a request to reduce the density for part of PID 30.32.24.43.0001 from URM to URML; and WHEREAS, the City proposes to amend the Future Land Use Map designation from URM to URML for part of PID 30.32.24.43.0001, and; WHEREAS, the City of Andover recognizes the need to meet future affordable housing allocations, and WHEREAS, the City of Andover desires to remain compliant with Metropolitan Council affordable housing allocations, and WHEREAS, the City of Andover desires to amend the Future Land Use Map designation from Public to URHL for part of PID 35.32.24.32.0001, and WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and authorizes the following amendment to be submitted for review to the Metropolitan Council: 1. Change the land use designation for part of PID 30.32.24.43.0001 from URM to URML. 2. Change the land use designation for part of PID 35.32.24.32.0001 (5 acres) from Public to URHL. C0� J • E ru Existing - Future Land Use Map Part of EMa: 30.3224 43.0001 Existing - Future Land Use Map Part Proposed - Future Land Use flap ROUNDLAKE I. Proposed - Future Land Use \[ap Adopted by the City Council of the City of Andover on this 16th day of March, 2021. CITY OF ANDOVER ATTEST: Mic elle Harmer, Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R029-21 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR AN ACCESSORY DWELLING UNIT, LOCATED AT 4815 159TH AVE NW, LEGALLY DESCRIBED AS: THE E 1/2, AS MEAS ALG THE N & S LINES OF THE S 712.40 FT OF THE E 1/2 OF THE NE 1/4 OF THE SE'/a; EX RD; SUBJ TO EAES OF REC WHEREAS; Margaret Kliber has requested a conditional use permit for an accessory dwelling unit and is the property owner as of the date of this resolution, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing on March 9, 2021 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 an accessory dwelling unit located at 4815 159th Ave NW, subject to the following conditions: 1. Applicant must obtain a building permit from the City of Andover prior to construction, as well as any other permits to obtain their desired outcome including but not limited to secondary driveway/curb cut permit, watershed permits, etc. 2. The property owner must reside in either the primary residence or the ADU as their permanent residence according to State Law. 3. The ADU must not be subdivided or otherwise segregated in ownership from the primary residence structure. 4. The ADU's floor area shall be no more than 900 square feet and no less than 400 square feet. 5. The ADU shall be separated a minimum of twenty feet (20') from the primary residence. 6. The ADU shall meet the setback requirements for an accessory structure as specified by City Code. 7. The ADU shall be designed and maintained as to be consistent with the architectural design, style, appearance and character of the primary residence as a single-family residence as determined by the Chief Building Official. 8. The ADU shall not extend beyond the height of the primary structure or the maximum height as established by City Code for its respective zoning district, whichever is less. © 9. The ADU shall have a permanent foundation. 10. The ADU shall be constructed and maintained in compliance with all State laws, State building code and City Code requirements. © 11. Rental of the ADU or the principal dwelling unit shall require a rental license prior to operation pursuant to the City Code at the time of license application. 12. If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Conditional Use Permit, the permit will be null and void. Adopted by the City Council of the City of Andover on this 16d' day of March, 2021. CITY OF ANDOVER ' ATTEST: ` She ukkila, layor Mi helle Harmer, Deputy City Clerk H H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA © RES. NO. 028-21 MOTION by Council member Barthel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 21-17, 2020 MILL AND OVERLAY & 21-8, 2021 CURB, SIDEWALK & PED RAMP REPAIRS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 014-21 dated February 2 , 2021, bids were received, opened and tabulated according to law with results of the three lowest bidders as follows: Contractor Project 21-17 Project 21-8 Total Bid Bituminous Roadways, Inc. $1,797,689.60 $75,086.75 $1,872,776.35 Northwest Asphalt, Inc. $1,827,142.20 $80,165.90 $1,907,308.10 North Valley, Inc. $1,867,764.66 $81,426.37 $1,949,191.03 Engineer's Estimate $2,201,000.00 $75,000.00 $2,276,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bituminous Roadways Inc. as being Qthe apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Bituminous Roadways Inc. in the amount of $1,872,776.35 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 Butler and adopted by the City Council at a regular meeting this 16th day of March , 2021 , with Council members Barthel. Butler, Holthus, Nelson, Bukkila voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. Ea © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R027-21 A RESOLUTION APPROVING A LOT SPLIT REQUEST TO SUBDIVIDE INTO TWO PARCELS IN THE R-1 SINGLE FAMILY RURAL DISTRICT FOR THE PROPERTY LOCATED AT 2225 167TH AVENUE NORTHWEST, PIN 10-32-24-32-0007, LEGALLY DESCRIBED AS: PARCEL 1: The East Half of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of Section 10, Township 32, Range 24, Anoka County, Minnesota. PARCEL 2: The Northeast Quarter of the Northwest Quarter of the Southwest Quarter and the West Half of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter, Section 10, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the property, described above, is currently one tax parcel, and the property owners have requested approval of a lot split to subdivide property, and; © WHEREAS, the lot split creates two (2) conforming rural lots that are in compliance with City Code regulations and the Andover Comprehensive Plan, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approve the lot split, as shown on Exhibit A. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. The applicant shall be required to pay a park dedication fee for the new lot in the amount of $4,400 and a trail fee in the amount of $900 prior to the recording of the lot split with Anoka County. 2. A grading and erosion control plan must be submitted to the City at the time of building permit submittal. © 3. All required permits must be obtained from the Lower Rum River Watershed Management Organization and the Anoka County Transportation Department prior to the issuance of a building permit. 4. An Assessment Agreement is required to maintain the existing accessory building (pole building) without a principal structure on the newly created Parcel A. The Agreement must be executed and filed with Anoka County. Failure to execute an Agreement will require the removal of the existing accessory building (pole building). 5. The lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this 2"a day of March, 2021. ATTEST: © Michelle Harmer, Deputy City Clerk u CITY OF ANDOVER: � f Sheri 13ukkila, Mayor © EXHIBIT A EXISTING PROPERTY DESCRIPTION (per Document No. 2266949.005) PARCELI: The East Half of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of Section 10, Township 32, Range 24, Anoka County, Minnesota. PARCEL 2: The Northeast Quarter of the Northwest Quarter of the Southwest Quarter and the West Half of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter, Section 10, Townshif 32, Range 24, Anoka County, Minnesota. PROPOSED PARCEL A PROPERTY DESCRIPTION That part of the East Half of the Northwest Quarter of the Southwest Quarter of Section 10, Township 32 North, Range 24 West, Anoka County, Minnesota, which lies westerly, northerly, and northwesterly of the following described "Line A". "Line A" is described as commencing at the southeast corner of said Northwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 88 degrees 42 minutes 58 seconds West along the south line of said Northwest Quarter of the Southwest Quarter, a distance of 354.79 feet to the point of beginning of the line being described; thence North 13 degrees 09 minutes 44 seconds East, a distance of 360.80 feet; thence South 83 degrees 03 minutes 08 seconds East a distance of 202.89 feet; thence North 48 © degrees 16 minutes 26 seconds East, a distance of 91.63 feet to the east line of said Northwest Quarter of the Southwest Quarter and said "Line A" there terminating. PROPOSED PARCEL B PROPERTY DESCRIPTION That part of the East Half of the Northwest Quarter of the Southwest Quarter of Section 10, Township 32 North, Range 24 West, Anoka County, Minnesota, which lies easterly, southerly, and southeasterly of the following described "Line A". "Line A" is described as commencing at the southeast corner of said Northwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 88 degrees 42 minutes 58 seconds West along the south line of said Northwest Quarter of the Southwest Quarter, a distance of 354.79 feet to the point of beginning of the line being described; thence North 13 degrees 09 minutes 44 seconds East, a distance of 360.80 feet; thence South 83 degrees 03 minutes 08 seconds East a distance of 202.89 feet; thence North 48 degrees 16 minutes 26 seconds East, a distance of 91.63 feet to the east line of said Northwest Quarter of the Southwest Quarter and said "Line A" there terminating. H © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 026-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION APPROVING A 35 MPH SPEED LIMIT ALONG VETERANS MEMORIAL BOULEVARD NW BETWEEN NIGHTINGALE STREET NW AND TOWER DRIVE NW. WHEREAS, the 35 MPH speed limit signs are contingent upon curves and hazards being signed with the appropriate advance curve or warning signs, including appropriate speed advisory plates. The roadway described shall be reviewed for traffic control devices impacted by the authorized speed limits before posting the signs. Warning signs and speed limit signs shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices; and WHEREAS, MnDOT has given authorization to post the speed limit at 35 MPH; and © NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby approve the 35 MPH speed limit be posted along Veterans Memorial Boulevard Street NW between Nightingale Street NW) and Tower Drive NW. MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 2"d day of March, 2021, with Councilmember's Barthel, Nelson, Holthus, Butler Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: © Mic elle Hartner - Deputy City Clerk Q CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 025-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION APPROVING A 50 MPH SPEED LIMIT ALONG NIGHTINGALE STREET NW BETWEEN CROSSTOWN BOULEVARD NWAND 161STAVENUE NW. WHEREAS, the 50 MPH speed limit signs are contingent upon curves and hazards being signed with the appropriate advance curve or warning signs, including appropriate speed advisory plates. The roadway described shall be reviewed for traffic control devices impacted by the authorized speed limits before posting the signs. Warning signs and speed limit signs shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices; and WHEREAS, MnDOT has given authorization to post the speed limit at 50 MPH; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby approve the 50 MPH speed limit be posted along Nightingale Street NW between Crosstown Boulevard NW and 161stAvenue NW. MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 2"d day of March, 2021, with Councilmember's Barthel, Nelson, Holthus, Butler, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner - Deputy City Clerk X • 0• © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 024-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS. 20-18, PRAIRIE KNOLL PARK NORTH PARKING LOT PAVING & 21-14, TOM ANDERSON TRAIL MAINTENANCE IMPROVEMENTS. WHEREAS, pursuant to Resolution Nos. 006-21 & 005-21 . adopted by the City Council on the 5th day of Januarv, 2021, the City Engineer has prepared final plans and specifications for Project Nos. 20-18 & 21-14, WHEREAS such final plans and specifications were presented to the City Council for their review on the 2nd day of March, 2021. 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., Wednesday, March 31, 2021 at the Andover City Hall. MOTION seconded by Councilmember Nelson and adopted by the City Council at a regular meeting this 2nd day of March, 2021, with Councilmembers —Barthel, Nelson, Holthus, Butler Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Sheri a6kkila - Mayor 10 is elle Hartner— Deputy City Clerk U H X CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R023-21 A RESOLUTION DETERMINING THAT THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR PUBLICATION AND DISTRIBUTION FOR PUBLIC REVIEW. WHEREAS, Minnesota Rules 4410.4300 establishes certain categories of project that require the preparation of an Environmental Assessment Worksheet (EAW); and WHEREAS, Lennar has proposed a residential development consisting of single-family and villa lots which will reach the mandatory EAW threshold for residential development; and WHEREAS, Westwood Professional Services prepared the EAW, on behalf of Lennar, and City staff has reviewed the EAW and provided comments or corrections, and with that review determined that the EAW was complete; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby Determines that the Environmental Assessment Worksheet is complete and ready for publication and distribution for public review. Adopted by the City Council of the City of Andover on this 161h day of February 2021. ATTEST licelleHASDAeputytihty Clerk CITY OF ANDOVER H H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R022-21 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO INCLUDE THE FOLLOWING: MOVE THE METROPOLITAN URBAN SERVICE AREA (MUSA) BOUNDARY TO INCLUDE THE PARCEL, AND CHANGE THE LAND USE DESIGNATION FROM RR — RURAL RESIDENTIAL TO TR — TRANSITIONAL RESIDENTIAL FOR THE FOLLOWING PARCEL: 24-32-24-43-0001 WHEREAS, the Metropolitan Urban Service Area (MUSA) boundary line is currently located at the western boundary of the subject parcel, and; WHEREAS, the 1.9-acre subject property is currently guided RR: Rural Residential in the adopted Comprehensive Plan and does not meet the standards for minimum lot size and minimum lot width, in the corresponding Single Family -Rural zoning, and; WHEREAS, the City proposes to amend the Land Use to TR: Transitional Residential which would be consistent with the property to the west, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and authorizes the following amendment to be submitted for review to the Metropolitan Council: 1. Change the land use designation from RR — Rural Residential to TR — Transitional Residential. 2. Move the MUSA boundary line to the easterly border of the subject property. Adopted by the City Council of the City of Andover on this 16`h day of February 2021. CITY OF ANDOVER ATTEST: Mic elle 1-1 er, Deputy City Clerk A�iS✓Jilts: -4/ Sheri C�il.� © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R021-21 A RESOLUTION AMENDING THE TEXT OF THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO INCLUDE LANGUAGE THAT ALLOWS CERTAIN PROPERTIES WITHIN THE URL-URBAN RESIDENTIAL LOW LAND USE DISTRICT TO DEVELOP BETWEEN 1.75 AND 2.4 UNITS PER ACRE, PROVIDED CERTAIN CRITERIA ARE MET AS SHOWN ON EXHIBIT A WHEREAS, the City Council adopted the 2040 Comprehensive Plan on December 15, 2020; and, WHEREAS, since that time the City of Andover has become aware that several properties within the URL — Urban Residential Low land use district may not be able to develop at the guided minimum net density of 2.4 units per acre due to challenges related to sewer capacity, access, poor soils, floodplain, wetlands, topography, hydrology, or the characteristics of the surrounding neighborhood, etc.; and, WHEREAS, the amendment will allow the City of Andover the freedom and flexibility to © choose how, where, and under what conditions to support forecasted growth; and, WHEREAS, the amendment will continue to achieve the City's planned overall minimum net density of 3.0 units per acre and continue to meet the City's affordable housing goals; and, WHEREAS, the amendment will not create a global change or a system impact to the Comprehensive Plan or the Metropolitan Council's plans and systems; and, WHEREAS, the amendment will continue to achieve the goals of the Thrive MSP 2040 plan of orderly and efficient land use, natural resources protection, water sustainability, housing affordability, transportation, economic competitiveness and resiliency; and, WHEREAS, the amendment will continue to achieve the goals of the City of Andover 2040 Comprehensive Plan of orderly and efficient land use, natural resources protection, water sustainability, housing affordability, transportation, economic competitiveness and resiliency; and, WHEREAS, the amendment will create an orderly, efficient and timely process to approve potential developments that will not impose additional time delays or costs onto developers; and, WHEREAS, if not for the amendment, potential developments would be required to go through an approval process outside of the control of the City of Andover, that would create time delays and additional costs, while limiting the City's freedom and flexibility to choose how, where, and © under what conditions to support forecasted growth; and, WHEREAS, if not for the amendment, many of the potential "infill" type developments remaining within the City of Andover would not be able to be developed due to the current minimum net density requirements, and potential time delays and cost increases caused by alternative processes that have been proposed by Metropolitan Council staff. WHEREAS, a public hearing was held pursuant to Andover City Code and state statutes; and, WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover agrees with the recommendation of the Planning and Zoning Commission and authorizes the amendment as included on "Exhibit A" to be submitted for review to the Metropolitan Council. Adopted by the City Council of the City of Andover on this 16a' day of February 2021. CITY OF ANDOVER ATTEST: (-J&4ru�- Michelle Harmer, Deputy City Clerk PRO - 0 9"V EXHIBIT A • Black text is current language, red text is proposed amendments. • Amendment to Page 2-10: Urban Residential Low Density (URL) district is established to create cohesive neighborhoods of single-family detached housing within the MUSA and with access to municipal sewer and water. Residential lots within this district are sized to allow efficient utilization of municipal infrastructure as well as to provide an area large enough to accommodate housing market demands. These neighborhoods must be protected from higher intensity uses with appropriate transitions. These transitions include natural features such as trees, wetlands, streams or major changes in topography. Man-made elements such as streets, parks or earth berms in combination with landscaping are also appropriate. When adjacent to arterial roadways, additional setback distance, landscaping and berms are required. Facilities that generate noise, traffic, and/or glare also require major separation from these neighborhoods. Minimum Lot Size Variable Density 2.4** to 4 units per acre PUD Density 4 units per acre City Utilities Required Corresponding Zoning Districts R-4 Single Family Urban Residential Type of Development Single -Family Detached Housing *Areas within the Metropolitan Urban Service Area (MUSA) are calculated using net density, areas outside of the MUSA are calculated using gross density. **Areas guided Urban Residential Low that are also within the Transitional Residential district may qualify for a reduction in minimum density requirements. See the Transitional Residential district text on Page 2-15 for more information and specific standards. Amendment to Page 2-15 through 2-16: Transitional Residential (TR) District contains properties within the MUSA that are currently zoned for rural residential uses (R-1, R-2, and R-3). These properties are guided for urban development in 5-year stages as shown in Figure 2.5. Property designated Transitional Residential may only be platted under urban residential guidelines and served by municipal utilities. Lot splits may only occur without municipal services under the requirements of the City Code. Any subdivision of property that results in lots less than 2.5 acres in size must be served with municipal sewer and water. The Transitional Residential District also contains properties that when subdivided will have significant barriers to development. Therefore, properties that fall within the Urban Residential Low (URL) district and the Transitional Residential (TR) district at Othe time of preliminary plat application may qualify for a reduction in minimum density requirements. If a property meets three (3) or more of the criteria listed below, the City Council may approve a decrease in the minimum density requirements provided the proposed density does not fall below 1.75 units per acre: A. Adequate sanitary sewer or water capacity does not exist to develop the property at the minimum density. B. Previous subdivision of adjacent properties has provided limited access which restricts development potential. C. Meeting the minimum density would not be feasible due to the existence of poor soils, wetlands, floodplain, topography, hydrology or other limiting environmental condition. D. Property is located within a Shoreland District, Scenic River District, Wellhead Protection Area, or Drinking Water Supply Management Area due to State requirements towards limiting impacts to the above noted items. E. For infill type developments, the characteristics of the surrounding neighborhood would not support development of the property at the minimum density. In the event a density reduction is approved, the City Council shall also reallocate the difference in housing units to a property yet to be developed within the MUSA. The City Council will also ensure that any reallocation of density does not require a change to the property's guided land use. oAlternatively, properties developed above the minimum density of its respective district shall count towards the reallocation difference. Any reallocation of housing units by the City Council shall maintain a planned overall density of 3.0 units per acre within the MUSA and maintain the City's Housing Affordability Goals. This shall be reported to the Metropolitan Council through the Plat Monitoring Program. H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R020-21 A RESOLUTION APPROVING THE CLASSIFICATION AND REQUESTING CONVEYANCE OF TAX FORFEITED PROPERTY WHEREAS, City of Andover seeks unrestricted ownership of the parcel forfeited to the State of Minnesota due to unpaid taxes. The tax parcel PID #29-32-24-42-0006 in the City of Andover, Anoka County, Minnesota is legally described as follows; (See Exhibit A) Hereinafter, referred to as the "Subject Parcel." WHEREAS, the City requests the Anoka County Board of Commissioners sell the Subject Parcel to the City of Andover; and WHEREAS, Minnesota Statute 282.01 la paragraph (b), stated, "nonconservation tax -forfeited lands may be sold by the county board, for their market value as determined by the county board, to an organized or incorporated governmental subdivision of the state for any public purpose for which the subdivision is authorized to acquire property. When the term `market value' is used in this section, it means an estimate of the full and actual market value of the parcel as determined by the county board, but in making this determination, the board and the persons employed by or under contract with the board in order to perform, conduct, or assist in the determination, are exempt from the licensure requirements of chapter 82B." WHEREAS, the Subject Parcel cannot be improved because of noncompliance with local ordinances regarding lack of frontage on a public street; and WHEREAS, the Subject Parcel is adjacent to an existing City owned property and the parcels could be combined to resolve the noncompliance with local ordinances; and WHEREAS, the City of Andover intends to facilitate development of the Subject Parcel by conveying an assemblage of property to a developer, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover, Minnesota formally requests the Anoka county Board of Commissioners resolve to convey the Subject Parcels with an unrestricted deed to the City of Andover to provide an incentive to facilitate development. Adopted by the City Council of the City of Andover on this 161h day of February 2021. S EJ ATTEST ii elle Harmer, Deputy Cftlef u ❑s EXHIBIT A 29-32-24-42-0006 THAT PRT OF GOVT LOT 4 SEC 29 TWP 32 RGE 24 DESC AS FOL: COM AT SE COR OF SD GOVT LOT 4, TH N ALG E LINE THEREOF 598.25 FT TO C/L OF S COON CRK DR TH NWLY ALG SD C/L 229.7 FT TH SWLY AT RT ANG TO SD C/L 217.8 FT TO POB TH NWLY AT RT ANG & PRLL/W C/L OF S COON CRK DR 400 FT TH SWLY AT RT ANG TO A PT BEING 720 FT NLY AT RT ANG TO S LINE OF SAID GOVT LOT & 722.9 FT W OF THE SE COR THEREOF TH SELY & PRLL TO SD C/L OF S COON CRK DR 400 FT TH NELY AT RT ANG TO POB; EX RD; SUBJ TO EASE OF REC x H EXHIBIT B N66VER Tax Forfeit Property: 29 32-24-42 0006 Date Created February 3, 2021 1 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. 0 © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 019-21 MOTION by Councilmember Butler to adopt the following: A RESOLUTION ORDERING IMPROVEMENT FOR PROJECT NO. 21-27, PUBLIC WORKS/REFINISH EXTERIOR PANELS. WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Public Works/Refinish Exterior Panels , Project 21-27; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works/City Engineer to proceed with administration for such improvement project. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 16th day of February 2021 , with © Councilmembers Butler, Barthe, Holthus, Nelson, Bukkila voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. ATTEST: IY� Mi helle Hartner — Deputy City Clerk x CITY OF AN C C C CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 018-21 MOTION by Councilmember Butler to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 21-21, COON CREEK TRUNK LIFT STATION #11. 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 Coon Creek Trunk Lift Station #11 , Project 21-21; and BE IT FURTHER RESOLVED by the City Council to hereby direct Bolton & Menk, Inc. 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 16th day of February 2021 , with Councilmembers Butler, Barthel, Holthus, Nelson, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner —Deputy City Clerk • 1• CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 017-21 MOTION by Councilmember Butler to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 21-18, ADVANCED METERING INFRASTRUCTURE (AMI). WHEREAS, pursuant to Resolution No. 080-20, adopted by the City Council on the 17th day of November, 2020, WSB has prepared final plans and specifications for Project No. 21-18, WHEREAS such final plans and specifications were presented to the City Council for their review on the 16th day of February, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. © BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 11:00 a.m. March 25, 2021 by means of Virtual Bid Opening conducted by WSB. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 16th day of February 2021, with Councilmembers Butler, Barthe, Holthus, Nelson, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: © Michelle — Deputy City Clerk u 1 L:J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R016-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE PURCHASE AND INSTALLATION OF A NEW WASHER/EXTRACTOR FOR ANDOVER FIRE STATION 2. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $6,576.05 contribution from the Minnesota State Fire Marshal's Office is to be used towards the purchase of a new washer/extractor for Andover Fire Station 2. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the purchase of a new washer/extractor for Andover Fire Station 2. MOTION seconded by Councilmember Butler and adopted by the City Council at a regular meeting this 2nd day of February 2021, with Councilmembers Bukkila, Barthel, Butler, Holthus and Nelson voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: MiclAelle Hartner - Deputy City Clerk CITY OF ANDOVER © COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R015-21 A RESOLUTION RESCINDING RES. NO. R035-20 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, on March 17, 2020, the Andover City Council ordered an Emergency Declaration for the City of Andover, Minnesota, which shall continue until April 7, 2020. WHEREAS, the City Administrator and Emergency Management Director have found that the City can now work through traditional sources of financial aid, assistance and relief through Anoka County, State and Federal sources. NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF ANDOVER, HEREBY PROCLAIMS, DECLARES, REQUESTS, AND DIRECTS AS FOLLOWS: Rescind Resolution Number R035-20 Emergency Declaration for the City of Andover, Minnesota, adopted by the Andover City Council the 17a` day of March 2020. Adopted by the Andover City Council this the 2' day of February 2021. © ATTEST: % Mi hel�Hner,Deputy City Clerk Sheri B a, May © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 014-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 21-17, 2021 MILL & OVERLAY/SE CORNER OF CITY. WHEREAS, pursuant to Resolution No. 009-21, adopted by the City Council on the 19th day of January 2021, the City Engineer has prepared final plans and specifications for Project No. 21-17, WHEREAS such final plans and specifications were presented to the City Council for their review on the 2nd day of February 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 am I March 4th . 2021 at the Andover City Hall. MOTION seconded by Councilmember Butler and adopted by the City Council at a regular meeting this 2nd day of February 2021, with Councilmembers Barthel. Butler. Holthus. Nelson. Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: is elle Hartner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 013-21 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. 21-25 FOR TOWER #2 RECONDITIONING & PAINTING. 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 Tower #2 Reconditioning & Painting, Project 21-25;and BE IT FURTHER RESOLVED by the City Council to hereby direct KLM Engineering Inc. 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 2"d day of February , 2021 , with Councilmembers Barthel, Butler, Holthus, Nelson, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF A i ATTEST: i eri ila ' _ay_or Michfalle Hartner-Deputy City Clerk x © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R012-21 A RESOLUTION DECLARING A DOG OWNED BY MICHAEL SPIEGELBERG, 2623 138TH AVENUE NW, ANDOVER, MN 55304 AS A NUSIANCE REQUIRING ABATEMENT PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-lA- 6. WHEREAS, on January 11, 2021 a Pitbull named Petey owned by Michael Spiegelberg, 2623 138th Avenue NW, Andover, MN attacked his owner unprovoked causing severe injury and substantial bodily harm, necessitating that Mr. Spiegelberg be transported to the hospital via ambulance to treat his injuries; and WHEREAS, on January 11, 2021 a "potentially dangerous" dog notification was issued to Mr. Spiegelberg by the responding Anoka County Sheriffs Office Deputy; and WHEREAS, on January 12, 2021 a "potentially dangerous" dog notification from the City was delivered to Mr. Spiegelberg by an Anoka County Sheriff s Office CSO; and QWHEREAS, on January 12, 2021 a nuisance/dangerous dog hearing notification for the Pitbull Petey was delivered to Mr. Spiegelberg by an Anoka County Sheriff's Office CSO; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the reports, incidents and testimony at the hearing to hereby declare a Pitbull named Petey, owned by Michael Spiegelberg, residing at 2623 138th Avenue NW, Andover, MN 55304, as a "nuisance" pursuant to City Code Title 5, Chapter 1, Section 5- 1A-6 and require abatement pursuant to City Code Title 5, Chapter, 1 Section 5-lA-6E-4- a. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Michael Spiegelberg a copy of the resolution. Adopted by the City Council of the City of Andover this 19th day of January 2021. CITY OF ANDOVER Attest: U�wv Mi elle Hamner — Deputy City Clerk © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R011-21 A RESOLUTION DECLARING A DOG OWNED BY MICHAEL SPIEGELBERG, 2623 138TH AVENUE NW, ANDOVER, MN 55304 AS A DANGEROUS DOG PURSUANT TO CITY CODE TITLE 5, CHAPTER 1, SECTION 5-IA-8. WHEREAS, on January 11, 2021 a Pitbull named Petey owned by Michael Spiegelberg, 2623 138th Avenue NW, Andover, MN attacked his owner unprovoked causing severe injury and substantial bodily harm, necessitating that Mr. Spiegelberg be transported to the hospital via ambulance to treat his injuries; and WHEREAS, on January 11, 2021 a "potentially dangerous" dog notification was issued to Mr. Spiegelberg by the responding Anoka County Sheriff's Office Deputy; and WHEREAS, on January 12, 2021 a "potentially dangerous" dog notification from the City was delivered to Mr. Spiegelberg by an Anoka County Sheriff's Office CSO; and © WHEREAS, on January 12, 2021 a nuisance/dangerous dog hearing notification for the Pitbull Petey was delivered to Mr. Spiegelberg by an Anoka County Sheriff s Office CSO; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover based on the reports, incidents and testimony at the hearing to hereby declare a Pitbull named Petey, owned by Michael Spiegelberg, residing at 2623 138thAvenue NW, Andover, MN 55304, as a "dangerous dog" pursuant to City Code Title 5, Chapter 1, Section 5-IA-8 and require its destruction pursuant to Minnesota Statute §347.56. BE IT FURTHER RESOLVED that the Deputy City Clerk shall mail by certified mail to Michael Spiegelberg a copy of the resolution. Adopted by the City Council of the City of Andover this 19' day of January 2021. CITY OF ANDOVER Attest: Sheri B da — MaT r Mi elle Harmer —Deputy City Clerk U E H CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R010-21 A RESOLUTION GRANTING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT AT 297 143rd Avenue NW, PIN 25-32-24-42-0081, LEGALLY DESCRIBED AS FOLLOWS AND SHOWN ON EXHIBIT A: That part of Lot 2, Block 1, HICKORY MEADOWS 2ND ADDITION, Anoka County, Minnesota, described as follows: Beginning at the point of intersection of the west line of said Lot 2, Block 1, with the westerly extension of the south line of a portion of the existing drainage and utility easement over said Lot 2, Block 1, said point being 102.89 feet south of the Northwest corner of said Lot 2, Block 1; thence North 02 degrees 22 minutes 54 seconds West, assumed bearing, along the west line of said Lot 2, Block 1, 12.09 feet; thence South 72 degrees 01 minutes 31 seconds East 23.73 feet; thence North 88 degrees 49 minutes 45 seconds East, 13.30 feet; thence North 77 degrees 18 minutes 27 seconds East, 21.79 feet; thence North 84 degrees 38 minutes 35 seconds East, 16.13 feet to the east line of said Lot 2, Block 1; thence South 4 degrees 23 minutes 23 seconds West, along said east line, 10.34 feet to the intersection with the easterly extension of the south line of said portion of the existing drainage and utility easement; thence South 89 degrees 37 minutes 13 seconds West, along said easterly extension, along said south line and along the westerly extension of said south line, a distance of 72,31 feet to the point of beginning, EXCEPT the West 5.00 feet and the East 5.00 feet thereof. WHEREAS, the property owner has requested to vacate the described drainage and utility easement; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of drainage and utility easement subject to the following: 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 19`h day of January 2021. ATTEST. i of Mic elle Hartner, Deputy City Clerk 51 , XkI,A/i R DRAINAGE & UTILITY EASEMENT TO BE VACATED FM � Weaver EDGE OF WATER \11 LEGAL DESCRIPTION OF PORTION OF EASEMENT TO BE VACATED 1\ that part of Lot 2. Block 1, HICKORY MEADOWS 2ND ADDITION, Anoka County, Minnesota, described as follows: 1 Beginning at the point of intersection of the west line of sold Lot 2, Block 1, with the westerly extension of 1 the south line of a portion of the existing drainage and utility easement over sold Lot 2. Block 1, sold point F 1 being 102.89 feel south of the Northwest comer of said Lot 2, Block 1; thence North 02 degrees 22 minutes 54 seconds West, assumed bearing, along the weal line of sold Lot 2, Black 1, 12.09 feet; thence South 72 degrees 01 minutes 31 seconds East 23.73 feet; thence North 88 degrees 49 minutes 45 seconds East. 13.30 feet; thence North 77 degrees 18 minutes 27 seconds East, 21.79 feet; thence North 84 m I degrees 38 minutes 35 seconds East, 16.13 feet to the east line of sold Lot 2, Block 1; thence South 4 0 } degrees 23 minutes 23 seconds West, along said east line, 10.34 (eel to the intersection with the easterly extension of the south line of said portion of the existing drainage and utility easement; thence South 89 ck w degrees 37 minutes 13 seconds West, along said easterly extension, along said south line and along the a westerly extension of said south line, a distance of 72.31 feet to the point of beginning, EXCEPT the West o 5.00 feet and the East 5.00 feet thereof. =3 I s� I I ED I N I ------------------- ------------'-'----'---------Exislin9 Droino9e & Utility Easemento -----'-- 5 Lot 2, Block 1, HICKORY MEADOWS 2ND ADDITION, Anoka County, Minnesota. �/ —l♦ ___ // —$. Line of o Po,lbn of theexlelln9 C _ \ ♦ ♦ _ L' pain o9e anG utililY _ r I hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that I am a duly Licensed LEGEND Land Sur yor under the laws of the State of Minnesota. �_,- DENOTES TOP OF BOULDER G12/31/20 Revised Proposed Description x 1011.2 DENOTES EXISTING ELEVATION E C. REYNOLDS ate: it 30 20 Reg. No. 13072 DENOTES DRAINAGE EASEMENT TO BE VACATED .♦I,e_.e�..w..e.♦n..en.:.._♦n_.e _n♦onao:oo_.e ,.,.._... .. __._..._ .,_..... ..._...,.n.�,.,. ..__ ..... .,.,...� .....-.__. Properly Aditeec 297-143rd Avenue NW. Andover, MN 55304 NORTH ( IN FEET ) I inch = 5 ft. 5 5 JOB#20923GP ,o H X ❑i CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 009-21 MOTION by Councilmember Butler to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 21-17, 2021 MILL & OVERLAY/SOUTH EAST CORNER OF CITY AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 090-20 of the City Council adopted on the 15t day of December 2020, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 19th day of January 2021; 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. 21-17. MOTION seconded by Councilmember Barthel and adopted by the City Council at a regular meeting this 19th day of January , 2021, with Councilmembers Butler, Barthel, Holthus, Nelson, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: is elle Ha- rtner— Deputy City Clerk CITY OF ANDOVER Sheri BL 6 - Mayor © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R008-21 A RESOLUTION REVOKING THE CONDITIONAL USE PERMIT GRANTED TO MARK D. HEDIN TO OPERATE A FARM WINERY AT 3482 165th LANE NW ANDOVER, MINNESOTA, 55304 AND LEGALLY DESCRIBED AS: Lot 3, Block 4, Timber Meadows Second Addition, Anoka County, Minnesota WHEREAS; Mark D. Hedin was granted a Conditional Use Permit on April 3, 2007 (Res. No. 045-07) to operate a Farm Winery as a conditional use within the R-1: Single -Family Rural district at Mr. Hedin's property located at 3482 165th Lane NW (PID# 08-32-24-43-0012); and, WHEREAS; Mark D. Hedin was the owner of the subject property at the time of approval and remains the current property owner; and, WHEREAS; on December 29, 2020, Mark D. Hedin informed the City of Andover that the Farm Winery has ceased operation and that the City of Andover may at its discretion inactivate the Conditional Use Permit; and, © WHEREAS; on December 29, 2020, and currently, Mark D. Hedin was and remains the owner of the property located at 3482 165th Lane NW (PID# 08-32-24-43-0012), upon which the Conditional Use Permit was granted, and has the authority to request this revocation of the Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby revokes the Conditional Use Permit granted to Mark D. Hedin to operate a Farm Winery at the property located at 3482 165th Lane NW, Andover, Minnesota 55304 (PID# 08-32-24-43-0012). Adopted by the City Council of the City of Andover on this 19th day of January 2021. CITY OF ANDOVER ATTEST:, Sheri B ila, Mayor MV�p���� ie Harmer, Deputy City Clerk x © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R007-21 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 2021 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 2021 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 5th day of January 2021. CITY O A D VFR ATTEST: Sheri 'la -Mayor Mic elle Hamner — Deputy City Clerk H © CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 006-21 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. 21-14 FOR TOM ANDERSON TRAIL MAINTENANCE IMPROVEMENTS . WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Tom Anderson Trail Maintenance Improvements , Project 21-14; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Director of Public Works/City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Butler and adopted by the ©. City Council at a regular meeting this 5th day of January , 2021 , with Councilmembers Barhtel, Butler, Holthus, Nelson. Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner— Deputy City Clerk C CITY OF AN H Liu] S CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 005-21 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. 20-18 FOR PRAIRIE KNOLL PARK PLAN/NORTH PARKING LOT PAVING RECONSTRUCTION. WHEREAS the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Prairie Knoll Park Plan/North Parking Lot Paving, Project 20-18; and BE IT FURTHER RESOLVED by the Public Works/City Engineer to prepare the improvement project. City Council to hereby direct the Director of plans and specifications for such MOTION seconded by Councilmember Butler and adopted by the City Council at a regular meeting this 5th day of January , 2021 , with Councilmembers Barhtel, Butler, Holthus, Nelson, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Mich Ile Hartner— Deputy City Clerk CITY OF ANDOVER Sheroi3dkkila - May u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 004-21 A RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON BOTH SIDES OF INCA STREET NW IN THE MEADOWS AT PETERSEN FARMS DEVELOPMENT. THIS RESOLUTION passed this 5T" day of January, 2021; by the City of Andover, Minnesota, Anoka County, Minnesota. The Municipal Corporation shall hereinafter be called the "City"; and WHEREAS, Inca Street NW is designated as a Municipal State Aid Street; and WHEREAS, the State will require that parking be restricted along both sides when this section is reconstructed using MSA funds at some point in the future; and © NOW, THEREFORE, BE IT RESOLVED, that the City shall restrict parking of motor vehicles in the area described as follows: Along Inca Street NW in the Meadows at Petersen Farms development from 165th Avenue NW to 169th Avenue NW. Adopted by the City Council of the City of Andover this 5th day of Januarv, 2021. ATTEST: Sheri B ila - qw�-&O� - Michelle Hartner — Deputy City Clerk X 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 003-21 A RESOLUTION TO REMOVE THE EXISTING NO PARKING SIGNS ON THE EAST SIDE OF DAKOTA STREET NW FROM 167TH AVENUE NW TO 171ST AVENUE NW IN THE PRESERVE AT PETERSEN FARMS. WHEREAS, the City had approved Resolution No. 067-18 designating No Parking on the east side of Dakota Street NW from 167th Avenue NW to 1715Y Avenue NW in the Preserve at Petersen Farms; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to remove the existing No Parking on the east side of Dakota Street NW from 167th Avenue NW to 1715t Avenue NW. Q Adopted by the City Council of the City of Andover this 5th day of January, 2021. ATTEST: i Sheri B" a - I Fa'yer� Mic elle Hartner —Deputy City Clerk E L-1 H ❑# CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R002-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ACCEPTING DONATIONS MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS UTILITY EXPENSES OF ANDOVER RESIDENTS WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $1,000.00 donation from anonymous donor is to be used towards utility expenses of Andover residents. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation, which is to be used towards utility expenses of Andover residents. MOTION seconded by Councilmember Butler and adopted by the City Council at a regular meeting this 5th day of January 2021, with Councilmembers Bukkila, Barthel, Butler. Holthus and Nelson voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: Miclielle Hartner - Deputy City Clerk 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 001-21 MOTION by Councilmember Barthel to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION OF $10,000 MADE TO THE CITY OF ANDOVER FOR PAVING THE PARKING LOT AT PINE HILLS NORTH FACILITY WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution of $10,000 from Andover Football Association will be used towards the paving of the parking lot; and NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the $10,000, which is to be used for paving of the parking lot. MOTION seconded by Councilmember Butler and adopted by the City © Council at a regular meeting this 5th day of Janua , 2021, with Councilmembers Barthel, Butler, Holthus, Nelson, Bukkila voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Mic elle Hartner - Deputy City Clerk u